Are you licensed in the state of Florida? >> I am licensed by the state of New York. >> You're not you're not allowed to appear in Florida court unless you're adh hot vichy. It is a felony in Florida for you to appear for the before any court if you're not licensed in the state of
Florida unless you're the owner of the property in question. >> I am not the owner of the property in question. I my apologies. I thought this was uh an administrative city code hearing. It is a magistrate's hearing
which from my understanding as 38 years as an attorney. If you appear you need to be you need to be licensed in Florida because this is a a enforceable order. And so do you have your client with you?
Your client can speak and then I understand this is an estate. Do you have a a personal representative? They live here. >> They live here and they need to appear. Uh, you can come back to Adhotvichi, >> but I can't allow you to appear. Uh, I
would have to report you to the Florida Bar. >> I understand. And again, my my apologies. >> That's quite all right. >> I was not aware that I was not aware that this was the circumstance. Um, >> I will advise
>> Yes, thank you. uh I will advise the clients accordingly. Um in the interim I had just want to add I had provided Mr. Strong >> with uh the two executed orders for summary administration
>> with respect to the relevant probates for the estate of Daniel Herring and the estate of Carolyn Herring such that um Timothy Herring and Sher Thompson are now the owners of the property in question and they are now in a position
to uh effectuate the compliance with respect to the code violation. Mr. Strong should have all of that documentation. >> Is that a Walton County case or a New York case? >> Oh, Walton County, man. >> And did you were you the attorney of record on that case?
>> It's my colleague Seth Huberman. >> Okay. And his he licensed in the state of Florida. >> Absolutely. >> Okay. I'll take what I'll do is I'll take a look at the uh orders in the paperwork and let us discuss it with the city real quick. Uh and let me look at
it real quick. But your client needs to needs to be informed. What are we doing with this today? >> This is this will be a fun fact hearing for new set of violations.
>> New set of violations. Okay. Uh is this is this uh piece of property a um have anything of danger such as refrigerators or anything out? >> No. mostly for per um building without permits setbacks and >> Okay.
>> living in a structure that wasn't built for human >> occupation. Okay. Um let's continue this one. >> Okay. >> And if you could have your your um your Florida lawyer there come in on this when we reschedu it, that would be
great. >> Understood. >> And in the meantime Oh, you're quite welcome. In the meantime, what I would strongly encourage your clients to do is to cooperate with um the code enforcement officer uh officer Strong and get it get
it um out of non-compliance into compliance so that when we come back we're just looking at a finding of fact and not any fines of any kind. Indeed, the the issue was um
until such time as they were the legal owners of the property, >> there wasn't much that they would be able to do in terms of bringing it into compliance. Um they are also lacking funds. However, again, now with the
probate uh complete, they will have an opportunity to receive the distribution of some of the assets will will then give them some of the financial wherewithal that would be required to uh make those changes and bring the property into compliance. >> Okay. Correct. >> And luckily, the next hearing date is
not until January, so they basically have almost three months to have it fixed. >> Understood. I appreciate the continu I appreciate the continuence. Sure. Uh and we want to make sure you know they're they have representation here and and we're not doing anything that's going to
harm them. So if they don't get it in compliance and if you your partner could appear on behalf, you're welcome to be on the call, but and he can you can be adhocy with him. Uh but we would need him here and this is actually better for your client. >> Understood. Okay. And again, I
appreciate it and thank you. >> You're welcome. Thank you and appreciate you trying to >> Good day. >> Good day. >> That's what I'm here to do. Yes. Thank you, ma'am. >> Thank you. >> Thank you. Byebye. >> I'll let you do it because I'll mess it up for sure.
>> Okay. Okay. You want to call your first case? >> Oh, not yet, but thank you for reminding me. All right. Sorry for the delay, folks. We took care of that business. If everyone will rise for the 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, indivisible, with liberty and justice for all. Thank you. And you may be seated. We are here today for code enforcement hearings for the city of Defunia Springs. I'm the special
magistrate, Reese Renee Ule. Um this is the code enforcement officers. Chris Strong will present the case on behalf of the city. He will present um uh evidence of the code violations through his testimony, through uh
photographs, through a PowerPoint presentation and other witnesses if needed. Once Officer Strong has finished his case, then you as a landowner will be allowed to come forward and present your case, ask him questions, and bring your own witnesses. Once this is done, I
will consider all the evidence, and then I will uh render a ruling based on the evidence presented by both sides. an order will be issued and you will need to stay here until that order can be given to you and it'll also be filed on the property. If a violation is found, we usually will give you a period of
time to correct the violation. And if you do correct the violation, it's your duty to contact the code enforcement office to verify the correction in order to stop fines from acrewing. Okay, everyone who's going to be testifying today, please stand and raise your right hand. Ladies, are y'all testifying?
>> Uh well, stand up just just in case. All right. Do you solemnly swear or affirm that you'll tell the truth, the whole truth, and nothing but the truth before this court? So help you God. >> Okay. Everyone is sworn. And if you be seated, you call your first case and call the halls.
I'm sorry. >> Then we have to call the halls if there's any other witnesses out there as well. But thank you. >> Just to be on the safe side. Okay. >> All right. Hall's been called, but they're present here in the courtroom. >> Very good. Which case is this? Um >> be the very first one.
>> Okay. Um finding the fact hearing case number 02 or 2025000070 violations chapter 14 section 14-3 violations enumerated chapter 18 section 18-66
um accessory uses and structures in chapter 22 section 22-3 um instructions um general address is at 1754 Baldwin Avenue partial number is 253 November 1 1919070 000018365
The property owner is um John J. and Rosemary um P. Emperor. Exhibit one shows the properties inside the city limits of the Phoenix Springs and subject to code of ordinances. Um expect the exhibit two and section on
418 of 2025 originally was based off of a fence that was has encroached and it was on city rightway. Exhibit three, inspection on 519 2025 after the fence was being moved. Um the structures were on the city rightway
also and also they were by ordinance have to be at least 10 any accessory structure has to be at least 10 feet from another structure and five feet from the um lot lines. Exhibit four inspection on 625
2025. Um same things the fence the structures now also accumulated um personal property construction materials all over the place. Um and a lot of it is in city
right away. Exhibit 5, section 822, 2025. Um, same things accumulative of just personal items and construction stuff. Um, vehicles in the rightway, the the
structure still um the trailer parked there. And they were also at one point they were starting to um dump um dirt into the city city right away.
Exhibit 6 and section 930 2025. Um they also have foul which are now roaming the other people's properties and city rightway. the structure still
accumulated um items. Um they have a rooster now. Um I believe that they have taken care of that problem due to the fact that um roosters are not allowed within 300 ft of another residence. Um, inspection 1016.
>> Is that blue thing leaning against the fence? Is that a Um, >> I think it's a mattress. >> No, it's it's gone though. It's a top. >> Okay. A top. Okay. >> 8. On April the 2nd, 2025, all inspecting code enforcement violations over a violation at the property at 1754
Baldwin Avenue. I photographed the property. I reviewed the case files and confirmed that there was not an ongoing case file. I checked the Walton County Property Appraisers Office website indicated the property is inside the city limits of Phoenix Springs is owned by John J and Rosemary P. Kirano. The
following reserve a fence that has been constructed that extends into the city's def rightway. There's various um accumulation of discarded personal property, construction materials, and material debris on the premises. Several structures on the property do not comply with the setbacks requirements outlined
in the accessory use and structures ordinance. All buildings must be located within five feet from the lot lines and at least 10 ft from any other um accessory structure. Apparent notice of violation certified mail to the turner receipt to the property owner. Certified
mail was 95890710-5270291-466865 and it was delivered. On May the 19th, 2025, expect the property the violations were still observed. June the 25th of 2025, expected the property and viol violations still observed. On June the 26th of 2025, I expected I prepared and
sent a notice violation to the property owner. July the 28th, 2025, I expected the property the violence observed. I prepared and sent a notice violation. Certified mail to return receipt to the property owner. Surf mail was 9589-0710-52700291-467152 and it was delivered
August 22nd 2025 the property and the violations were still observed on s September the 30th 2025 I expected the property the violation was still observed parent and sent a notice of hearing certified mail turn to the property owner the notice hearing was posted at city hall and the owner's
property certified mail was 958907 7105270 0291-467404 and it was delivered August the 16th 2025 the prop date of the hearing property shows no improvement no change condition 9 letter of violation certified mail
exhibit 10 letter of violation tracking show it was delivered exhibit 11 letter of violation exhibit 12 letter of violation certified Exhibit 13, letter of violation tracking show it was delivered.
Exhibit 14, notice of hearing certified mail. Exhibit 15, notice of hearing tracking showing it was delivered. 16 recommendations. Please find that the property of 1754 Baldwin Avenue deficial
number 253 November 1 1919070000001 8365 is located within municipality area of the Phoenix Springs of Walton County and is is to the city subject to the city of def code of ordinances please find that the violations of the city of springs code of ordinances chapter 14
section 14-3 violations enumerated chapter 18 section 1866 accessories uses and structures in chapter 22 section of 22-3 um instructions general on the property please find that the proper notice of the hearing was given to the respondent the respondent to correct the violation
within 120 days 4 months of the date of this order and that the respondent is further ordered to um contact the city of Phoenix brings 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 cable codes ordinances and the regulations according to this order. The special magistrate assess the fun $100 a day until the property is brought into compliance. That's the end of my testimony. >> I accept your testimony into the record and your PowerPoint presentation along with your u uh photographic and um
documents as well. Is Mr. Emper Emperado, do you want to speak? >> If you will state your name and address for the record. >> My name is Stephen Emperado, son of John Emperado. address is 1754 Baldwin Avenue, Defoniac Springs, Florida, 32435. >> And that's where you live as well?
>> Yes, ma'am. >> Okay, very good. >> Um, I'd first like to bring to the court order, there was originally a and it's not up there on 62122. If you might see this, this was the original fine um for violations. I found out in the
court records at the time of that that I actually got incarcerated. When I got out, I asked my father what happened with that and that was the same fines such as the new ones here. And he said when he called the office, they said it was closed. Uh that's three years ago. I haven't
heard nothing from it, but it it's still live on the court records. >> You said three years ago. >> Yeah. Not 62122 was when the uh it was a warning notice that you issued. Yeah. >> Or was issued by you. Now, in regards to
the pictures I just seen, a lot of it has changed. If I mean, uh, the jacuzzi mattress, everything is gone. >> You know, I'm a oneman working crew with what's going on. It's It's hard enough as far as the trailer. The trailer,
I'm getting violated all in the middle of a violation with the dirt. I'm moving the dirt onto the trailer. The trailer stayed where it was. It was maybe 1 foot encroachment over the street lines. The next day the dirt was emptied as far as
the dirt goes. There's um the city actually came and wanted to drop a a truckload of dirt there because they have a truck that comes in and it picks up all the garbage that's left from other people are dropping garbage there. Me myself was leaving garbage there
because Josh was a dump site at the corner of my father's house of the house. So when sanitation would come and pick up all the garbage, they would leave a big ditch like a hole >> because they had to to use claws to get it up.
>> Yeah. To get it up. So they would usually when it got deep enough, they'd come with a truckload of dirt. When he came with a truckload of dirt and he seen the amount of dirt and debris that I had from when I was digging up the tree, he said, "I'll make life easier on you is put that dirt over here. I'll
bring mine back." So that's what I started doing. I started moving the dirt. I had to move it from pile to pile to pile. And that's I guess when Mr. Chris came by and seen I called him that day actually. And he said you can't do that with the dirt. I said I was told to by the city. They're coming tomorrow actually pick pick it up. When I asked
him who's the complaining person, he said uh he just had numerous phone calls and one was a board member. We ended the conversation that day. I went outside continued doing the dirt then got another violation. But from my understanding, when I built that fence,
I went on to the county's website to pull up my father's zoning and parcel and he was zoned as light industrial. I also went on Walton County GSIS and that's showing commercial. I have pictures of the map here stating
that and I believe I'm being violated under the wrong zoning. >> Well, do you want if you want to be violated under the commercial zone, the fines go up significantly. >> I I understand that. I just want to make sure I'm right. >> If you make that choice and but you're living in it as a resident and you're
not using it as commercial, so you are using it improperly. If you really want to go down that road, you may end up losing your home. >> No, I just want to make sure where everything's at on the record that of what the property is and isn't. >> So yes, your property is on commercial,
>> but it's being used as residential property. So it falls underneath the resial use. >> Okay. Now if you ever for some reason to change that to a business >> but say for some reason >> then it will be commercial and you never could live in the house again. >> Correct. >> But since it's being used as
residential, you follow the res guidelines. >> But that's where we're not I'm not I'm not doing anything under the residential section. I'm doing under accessory structures. >> Okay. >> Which is a whole different >> Yeah. I just want to say that's where I based the fence on when I saw a light
industrial and how the fence the fence originally went out because we have a pitull that is very protective over the property and animal control showed up at the time. At the time we had the open fence and it was a wireless uh for the
dog. >> Apparently that didn't work. The dog was getting out. Nobody got injured. The only injury that the dog did do was inside the property. Somebody did get bit recently. It was on file and uh there was a lady doing oxygen for my mother inside the house. It happened.
There was complaints the dog was getting out. Chased the survey guys a couple times. The fence went up and it went a lot higher. I had I I went off of the light industrial and from where the boundary line showed me there when uh
>> Well, if you go on the website of the of the county's website, it says you cannot rely upon those lines. >> Oh, no. Agreed. I agree on that and I didn't rely on those lines. Um, my neighbor had a survey of his property with partially mine. When I spoke to the survey guys, they said go off of this. I
I shouldn't have listened to anybody to be honest with you. >> But the fence went up, the dog was secured, the chickens were secured, everything was secured. The only reason chickens and ducks so far getting free right now is I had to move that fence fast enough to keep them in. The other
structures that was against that fence are gone. That was the one that's closest to the dump. >> That structure is gone because the fence had to come forward. The the fence really now just needs to be straightened out. The front needs to be the rest of
the dirt needs to be cleared up. >> The problem with the dirt is it's compacted down. And even prior to that, and I got pictures here of what the property used to look like when I had the pavers out in front. And I I I put the pavers out in front because my father's legally blind. when he's
putting the garbage out, he was tripping over the rocks that was compacted down going up against the street into the front of the property. There's a dip that comes off the street and it goes about 18 inches down. I would even fall on it. So, I had pavers going from the
street directly to the front door, but because of the whole code implying, everything had to come up and that's why all the debris and everything's just just being shifted around at the time to get everything moved. this it's again it's a oneman show. It's I can't work 24
hours a day and then dealing with the other gentleman that was dumping garbage there with I'm still working with sanitation to get it cleared up and once it's fully cleared they plan on contacting Defunia. They don't know who to contact to put a barrier around that for no dumping. That's really all I
could say about it. >> There are no dumps in the city of Defunia Springs. There's no dumping allowed. So if you have neighbors or other people dumping on your property, >> call the cops and they said to call control and code control tells me call the police and >> yeah legal dumping falls out since it's
criminal. Correct. >> Right. So uh you need to get their tag number >> their name and address and give it to the police and it needs to be addressed. >> Try and I did I've tried I'll contact Chief Early on it. >> Yeah. Keep trying because if it's on your property
>> Well, it's not on my it's not on our property. It's on city's properties. He knows where it is. >> You also testified that you've been dumping there, too. Correct. That needs to stop. >> And that and that that has stopped. I I just can't stay out there 24 hours a day and catch them. They I mean I I I walked out there one day at 4:00 in the morning
and I yelled at somebody. Sanitation was there getting ready to pick up and somebody tried to dump and he he he threatened them and said, "I'll use the truck and put your truck in. You drop anything here." We can't get it fully cleared to put a barrier on it. >> Your turn will come, Mr. Empanada.
>> I moved into that house, >> Mr. You can't test. You cannot testify at this time. Please have a seat. >> Oh, sit. Sit down. Wait. >> Please have a seat. Wait till he pulled up. Yeah. He's just Okay. Yeah. He can't see any s of yarn. >> Please sit down. Sit down. We'll get to you in a minute. >> So, yeah. So, that has been in progress.
And that's really all I could say to you. >> Well, before you leave, actually, I I'll give you some paperwork where you can get a free dumpster >> dropped off. >> I have it. You gave that to my father already? Yes, I have. >> I called them up. I called them up and it it doesn't end up free.
>> It is. It's free. You You should talk to a gentleman named Josh Irvin >> that I said I didn't speak to him. I spoke to someone else. Okay. >> He's the only one that should answer that phone number. Um it would be Josh Irvin. He's the director. I'll >> call and verify. >> He's the director of the CRA and basically what it is, there's a dump
trailer that he will contact the city. We drop it off free of charge. >> Okay. You fill it up and the city will come and haul it off for your charge to the dump and we will bring it back as many times as need be for you to throw away anything and everything you need to throw away. >> And the other problem I have over there
is when you when the city bought the property down the road where the trailers were. >> Yes. >> I was holding two propane tanks for the owner. I can't get in contact them. I can't get rid of the tanks. I I called the salvage yard and they said to cut them in half. I am not going to cut a
250 gallon propane tank in half in city limits. God forbid it something happens. I can't sit there and fill it with water 50 times a day. Nobody will take this thing and I'm not going to illegally dump it somewhere. >> It is now it's I'm stuck with it. Two of
them. Those are the two tanks. >> Uh one of the gas companies might pick it up. >> I called them. You >> called them? Yep. >> I called uh the the propane company. >> Yeah. because it's not theirs. They don't want to deal with it. >> Correct. And because they're so old and they haven't been up to they uh tank
test hasn't been done on them. >> Um there is a uh place up 83 that makes um he it's where uh right at 10 lakes across from where the entrance of 10 lakes is. It's in the county >> that uh he makes uh barbecue grills out
of those. >> You might want to take a ride up there. You may want to come in and take them. The only other option >> put them on Facebook for free and everything. Yeah. >> The only other option I can think of is if you fill them full of sand, >> you once they're full of sand, you could torch them.
>> I can't do that within city limits. >> Well, you can you can do welding, but that's what it is. It's just you're you're torching them to cut them in half. However, >> if you will go up 83, you know where Highway 83 is? >> My wife does. She's from Yeah. When you go up Highway 83, uh you know where the entrance of Tin Lakes Estates is, right
across the street is a horse patch pasture and he's got all kinds of implements and stuff out there. He has a number where you can uh call to buy the stuff >> and um he has on occasion he'll have those big tanks that have been made into >> I don't mind let them go. They got to
go. I got to get them off. The tractor was gone as well. That went the other day. >> Yeah. So call call them and um hopefully that they will be able to take them off your hands. I was going to recommend Facebook as well, but >> Oh, I've been drawing everything. >> That's way. Okay. So, are they are those part of the violation
>> as part of the accumulated stuff? Yes. >> Okay. Okay. Very good. Anything else? >> Uh, not that I get. >> Okay. Mr. Mr. Empanado, you'd like to testify? >> Yeah. I just wanted >> if you'll come to the microphone first. >> I'll need you to I'll need you to state
your name and your address, please, before you start. >> Jonah Parado, 1754 B1 Avenue. Yes, sir. Go ahead. >> I've been living there since 2016 on my birthday, June 27th. It's when I
moved in. And that pit that we're talking about has been there since, >> the dirt pit, >> so people assume that that's where we got to throw our garbage.
And that's been going on and on and on and on until we were advised that it's got to be cleaned up. >> Well, I'm not cleaning up other other people's garbage. That's number one. Number two,
I had asked numerous times for somebody in this city. >> Who did you ask? to put up sign a sign on the electric pole that this is not a dumping site.
If court will be fined or imprisoned or both, I get no response from anybody. It's not my problem. It's not my problem. Go talk to him. Go talk to that one. >> Yes, sir. >> He has contacted code enforcement. Okay. >> And I sent that to on public works. I
spoke to public works >> to see if um Andrew Anderson is the new public works director. >> Okay. >> To see if something can be done other than that >> for signs to be placed up, they'll probably actually have to come from a city manager position or from a city council position to place signs up in
the rideway for something like that. >> Yeah. And not only is the garbage dumped, then you have the scavengers coming looking for metal and stuff that they can sell at the junkyard. So they throw the debris all over the damn
place. >> Okay. >> If that happened where I used to live, I'd be fined god knows what. $250, whatever the sign said would say. That's what I would be fined. Even though I
didn't do it. >> And I don't think I should be responsible for that. You've your son stated that he has dumped in that same area. So there's evidence that your property is responsible for part of it. Let me
finish. Please do not interrupt the court. >> Go ahead. >> Do not don't tell me to go ahead. This is my court. >> Go ahead. >> White. Thank you. Go ahead, your honor. >> You don't tell me to go ahead either.
>> Go ahead. Proceed, your honor. I guess >> you don't tell me to proceed. Y'all do not tell me what to do. I'm the magistrate here. >> I am here to issue a ruling on the violations. You have testified that you have dumped personally on the dumping site.
The fact that other people dump is relevant, but not relative to this court. So, I've heard that. I don't need any more information on it. All right. So, is there anything else that you need to tell me that's new that your son hasn't already spoken about? Just a minute.
Is there anything else besides the pit you would like to bring up? >> I do appreciate your God Bless America sign. That's your saving grace. Yes, ma'am. If you'd like to appear, you have to come forward. >> I was just going to say >> you'll have to put that on. You'll have
to come forward and state your name, please. >> Before she does, ma'am, may I interject on something? >> I'm sorry. >> May I interject on something? >> Sure. what she's coming for. >> Um, gentlemen, it wasn't the trash that's over there. It's the dirt. >> Correct. >> Because you putting trash over there is
fine because that is where the city will pick it up. What was in being talked about is you can't put the dirt there due to the fact that I talked to public works. They are not going to pick up the dirt. Period. >> Separated, right? And then basically the
trash has to be separate from the dirt. >> And that's where that's where that coming you're allowed to put the trash there >> because that is where you legally need to put it for public works to pick it up. >> Okay. >> But that does not need to be an every week thing and it stay there constantly
247 a day. It is to be put out the day before trash. You should not have it there all week long unless you're doing construction and then you have to have a construction permit. Yes, ma'am. If you state your name and address, please. >> Carrie Dysler. Technically, I have two addresses. >> Uh, just use your main address.
>> Uh, 1754 Baldwin Avenue. >> Yes, ma'am. >> Um, that power pole where the dumping thing is, it is cracked and the power company says they're not responsible. >> Correct. >> If it's a power pole that that is for your property, it's your pole. >> Well, no. They It's at that dump site
where somebody has they went to I guess dump or something and they cracked that pole. Okay. >> That's not It's not on our property. >> Okay. But is it their power pole that connects to their house individual power pole or is it a is it a >> I haven't violated for a power pole. So >> yeah, that's not a violation.
>> I was just saying >> well keep calling um >> Okay. >> But as as for him saying about dumping and that that he set stuff there. It was actually he it was like an hour before the guy was coming. >> That's fine. That's good. >> So it's it wasn't really he was dumping.
it was he was he knew the guy was coming and because he saw him. So, >> okay, if there is if there's other people dumping, y'all need to call the police every time it happens. Try to get their tag number and that way if you've got a u ring doorbells or any of those uh uh game cameras are real cheap. You
can put them out there to catch whoever it is. Uh because that does need to stop if they're just dumping for dumping stuff. Now, if it's there for pickup, but it should be basically your trash because it's at their house. Is that right? Well, >> that I think they automatically assume it's a dump area because right next to
it is where our trash cans are >> and the trash is not really what we're here for. We're here on the other structures. Okay. Anything else you'd like to add? >> Um well see like you said about the God Bless America sign. That's it's not really technically there anymore and it
was there >> before I was born. I can remember it being there. But yet apparently that's not our property. >> And is the sign an issue? He he told he told him to take it down. >> No, I didn't. >> Yeah. At the time sign when I spoke to
you regarding the uh >> where he used to say Mary's beauty. >> Only one at time, please. >> Getting ready to do work on Golden Avenue. There was a sign by the mailbox that said God bless America. >> Said God bless America. And he said, "Yeah, that sign is up there. It's on
property. You got to come down." >> Yeah. It was up there last week if I remember. >> It's it's I think he pushed it against the side. It's no longer where it used to be and it's >> but I I don't know if you're familiar
but what the fence prior to him being told to move it what it like looked like cuz it it was nice. We were getting phone calls all the time. Who did your fence? Um would you do mine? And and now it looks it's a wreck. It looks bad. I'm not going to
lie to you. It does. It looks bad. But it's also a lot of these complaints and that it's we're not a HOA. >> Ma'am, you come under the city's code and that place is also is a derelict junkyard. >> So don't come up and try to tell me it's
nice and clean. It is >> I didn't say it was nice and clean. I'm just saying it's not an HOA. >> It doesn't matter. You're not here under an HOA. You're here under city code. Well, prior to them being forced, this was May and that
>> it's not I wrote I drove by there last week. It was a dump. >> It looks like a dump because the fence was forced to be moved. >> It's been a dump for as long as I've been back here 15 years. >> So, if the the photographs that he shows today still show the violations.
>> Do you have anything else to add? Well, what I don't understand is you want to continue >> is I have papers the zoning stuff that says that is and light industrial and what do with >> using it as a residence. It is a residence and it comes under residential
and even under commercial under industrial there are regulations regarding the status. You cannot have a junkyard within the city of Defuniac Springs. Do you have anything further to add or do you want to dig yourself? >> Yes, I do. Do you want to dig yourself deeper? >> I sure do.
>> Okay, >> give me one second because I'm looking for this lovely paper that should be in here. The official map in effect when I was cited was publish published by the city and showed this parcel as light
industrial. I relied on that official record in good faith. Any errors in the city mapping are administrative errors by the city, not by me. I request dismissal of all citations and reimbursement for cost incurred to this to the city's mistake that says light industrial. I have a paper from 2014
that the mayor signed and it is notorized and it says light industrial. >> Again, if you want to have it as light industrial, you can't live there. Not the court. >> If you if you are claiming that this is light industrial or commercial and
you're residing in it as a residence, it comes under residential qualifications. If you want to enforce that it is industrial, then you will need to move. >> That's not true. >> Yes, it is. So, >> ma'am, can I'm I'm
finished. Go ahead. Go ahead. Sit down. I'm finished listening to you. >> That's that's that's fine. That's fine. All right. Any further information? >> Then I'll render my ruling. >> Any further testimony on this case?
>> You have anything else to say? >> Very good. >> Okay. This case has come before me on today's date, uh, October 16th, 2025, and and we have heard evidence from the,
um, city of Definiac Springs through the, um, city code office, and we have heard testimony from three different witnesses on behalf of the of the landowner. Respondent John and Rosemarie Impern Emperado whose mailing address is 70 1754 Baldwin Avenue, Defuniac
Springs, Walton County, Florida, is the owner of the real property described as and also known as 1754 Baldwin Avenue, Defuniaak Springs, Walton County, Florida. Partial ID number 253 North1919070018365. The real property listed above is located and existing within the city of
Defunia Springs, Florida. responded as the owner of the real property is responsible for maintaining the same in accordance with the code of ordinances of the city of Defunia Springs. All required notices have been made in accordance with chapter 162.12 of Florida statute and county code.
Conditions pro currently exist on the property in violation of city code section 14-143 violations enumerated chapter 1818 1866 accessory use and nuisances and serious threat to public health safety and welfare within the meaning of Florida
statutes 162.06 subchapter 4. This has been a lawfully constituted code enforcement proceeding convened pursuant to one chapter 162 part one of the Florida statutes and chapter 18 of the city of Definiac Springs Land Development Code. As special magistrate,
we have jurisdiction over the subject matter and over the respondent based upon the foregoing f findings of fact and conclusion law pursuant to the authority granted in 162 Florida statutes by the special magistrate. I find that they are you are to correct the afor violations own or before 120
days or a fine of $100 per day will uh shall be imposed from the 101 day 121 days forward. Uh once you have if you have improved the property and corrected the violations and you're ordered to contact the city of Definiac Springs
code enforcement office to arrange for a reinspection of the subject property to verify compliance with this order in order to stop any fines or to prevent any fines from acrewing. I also grant the uh code enforcement officer the authority to extend the date of compliance on behalf of the special
magistrate upon a showing a good faith effort by the respondent landowner. Now, what this means to you is there's no fines today. You've got 120 days to get it cleaned up. You need to be in complian. You need to be in contact with Officer Stron pretty much um at least
once a month to let him know what's going on. And once you've cleaned it up or you think it's cleaned up, then call him and he will come out and do a repection and tell you if you need to do anything else or if he's found that it's in compliance. Once it's in compliance and it's within that 120 days, this case
is closed and there's no fines. There's no violations have been cured. If it goes past 120 days and officer Stron has not found a uh valid reason to extend the 120 days, then the fines would acrue. If he extends you, let's say he
gives you another extension of another 120 days. So fines would not begin to acrue until that 241st day. So you you do have an ability to get it done and so long as you are trying he will work with you and he has the authority to extend
it >> first. Let me let me finish. >> He'll look into the first violation. It's not before the court today so we can't discuss it here. So it's not a part of this hearing. Um and uh officer Stron if you'll look at that violation
letter from 2022 and let them know what the status of that case is that would be that would be helpful as well. All right. And so keep in contact with him. This is not punishment. We just need to get this cleaned up. And please, if somebody is dumping at your yard, please
call the police. I mean, that is a that is your property. They should not be dumping there. And so, keep calling them. >> I I do. And they they keep telling me that's not my property. That's city's property where they're dumping out. >> But they're dumping in front of your house. Just call them. I am >> and I'll uh we'll we'll talk to the
chief. We'll talk to the chief and get it get because it's not uh it's not what we need in this city to have anybody dumping there. So, we want to stop that. Okay. So, if you'll hold on a few minutes, you'll get a copy of the order. And I appreciate your passion. I
appreciate your strength in coming before us today. And I really do appreciate you being here. It's when property owners don't appear that we have a lot of problems. So, we appreciate what you're doing. I appreciate what you continue to do. And I do encourage you to get it cleaned up, get it done, and um with your pit bull.
Understand he's bitten once before if he if are we a one bite? I can't remember. We're a one bite state. So just be careful, okay? Because you have liability as a homeowner for that pit bull. Matter of fact, two and a half weeks ago, two Rottweilers mauled to
death a two-year-old over in Fort Walton. So we need to be very careful. I'm an animal advocate. I love them. But there are some some some dogs that are aggressive regardless of breed. If they are aggressive, then they need to be >> with the foul, which is the dogs. They just have to be painted.
>> Yeah. And you can't have you can't have >> So basically, they're they're serals, livestock, anything other than hens. Um you can't have them within 300 feet of another residence. That's ordinance under chapter 4.
animal. >> I I can pull up I >> and I didn't I didn't cite you for that but technically by ordinance your animals cannot be at large. >> Yeah. >> And under chapter 4 it talks about the um livestock and basically foul horses
all that fall underneath the same thing roosters. >> Correct. >> Now we do like I said we do allow hens inside the city limits but they have to be on your property. Yeah. >> And if and you have you have to keep the coops and and everything clean so
there's no odors emitting from the property. >> I'll take care of that. >> Now your sign I pulled this up for you right here. This is basically your property. >> Yeah. >> Based off this >> it's cut in half. >> It's not cut in half. That's because it's a 3D image and it's not seen
forward. Am I correct? Well, this is based off the property appraisers office. >> Yeah. >> So, >> if you had not I would hope that when you bought the property, you had a survey, but long as that sign is somewhere over this area on your property, >> it's legal.
>> Yeah. See, the signal was over here, >> which is right away. >> Correct. And it's been there for 25 years. That sign's gone now. >> But I was saying if you put it back up over here, it's legal. >> Yeah. Because my fence now is told about my sign.
>> No, no, no. Yeah, the sign out was taken down. But see now this this here would be considered like the sidewalk. Correct. >> Yeah. >> Yeah. >> The property line from what I understand you're not allowed to put anything. >> I said that has to be on your propert on
this side. >> Correct. [Music] This see what I mean? >> Oh, I know. Yeah. It's >> I understand as long as the signs on your property, you're fine. >> Yeah. What? >> You're legal. >> My property was a beauty shop.
>> Mary's beauty shop. >> Okay. She com we I used to get my haircut there, >> right? >> And we got to a conversation that she was >> my age 79 and she wanted to get out of the business.
And I says, "Well, I'm looking for a place." He says, "Well, what if I convert this into a a home for you?" >> Okay, >> you may want to stop. >> Hold on. You may want to stop right there because technically legally >> Yeah. >> once it was a business, >> it could never be a residence. So, let's
just stop that conversation right there. >> All right. Do you have their copy for >> their copy of the order? Yeah. um give Chris the Chris keep the copy of or can um can he keep that copy of the
lettering? >> I I think what he's saying is nobody complained about the sign before. >> Right. I was just letting you know technically she had a a sign >> up there.
>> Advertising. Okay. He He's He's If he keeps admitting stuff, >> it's quiet. >> All right. Thank you for coming. >> Okay. >> You're quite welcome. >> I got to go now.
>> Yes, sir. I'm just let you know >> so I don't have to try and fight with the internet. >> Okay. It was on there also. >> Right. You can call your next case please. We have to call the halls in case there
is uh somebody else who wants to intervene in the case. Mr. Williams is present in the courtroom. >> Very good. The halls have been called and Mr. Williams is present. Officer Strong, you may present your
case. Very good. Thank you. Finding a fact hearing case number 2025 00000087 violations chapter 14 section 14-2 nuisances and hazardous or unsanitary conditions general requirements chapter
14 section 14-3 violations enumerated address is 719 West Live Oak Avenue partial number is 253 November 1 1919 16000 01 0 1 0 0. Property owner is um
Charlie James Williams. Exhibit one shows the properties inside the city limits and subject to the Phoenix Springs Code of Ordinances. >> Exhibit two, inspection on 519 of 2025. Exhibit 3, inspection on 625 of 2025.
Exhibit 4, inspection on 8:22 of 2025. Exhibit five, inspection 9:30 of 2025. Exhibit 6 in um inspection on 1016 of 2025. So on May 19th, 2025, while inspecting code force violations, I observed a
violation at the property on 719 West Live Oak Avenue. I photographed the property. I reviewed the case files and confirmed there was a 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 limits of
Phoenix Springs and is owned by Charlie James Williams. The following observed a structure exhibiting chipping peeling paint on the roof eaves, visible um grime and mold on the siding and lean to carport that appears structural unsound
and partly um collapsing. Um noticeably accumulated discarded personal property, construction materials and debris. on May the 22nd or 21st 2025, apparent sent a warning notice to the property owner. On June the 25th
um 2025, if the property violation was still observed on June the 27th, 2025, prepared sent a notice of violation to the property owner. August 22nd, 2025, expect the property violation still observed. August 25th, 2025, prepared sent a notice of
violation. Certified mail return to the property owner. Certified mail was 9589-0710-5270291-4672-68 and it was delivered September 30th 2025 the property violation was still observed a parent sent a notice of hearing certified mail would return receipt to the property
owner the notice of hearing was posted at city hall and the notice of hearing was hand delivered to the property owner certified mail was 9589-0710-52700 0291-467428 and it was delivered. Um on that date
when I was talking to Mr. Williams um he had been tried to get in contact with um the CRA. >> Okay. >> He had talked to um Mr. Irvin. Mhm. >> Um we were trying to see if we can get him a um grant for a new roof and maybe
some car the carport, but we found out that he could not get one at this point in time because he has not homesteaded the property. >> Okay. >> I believe Mr. Williams is in the process of trying to get his property homesteaded so that we can probably try to give him a grant through the RCA to actually get some of these repairs
started and completed. >> Okay. >> Um October the 16th, 2025. with the property on the date of the hearing. The property shows no improvement and no change condition. Exhibit eight, letter of violation. Exhibit nine, a letter of violation.
Exhibit 10, a letter of violation, certified mail. Exhibit 11, letter of violation tracking show it was delivered. Exhibit 12, notice of hearing. Exhibit 13, notice of hearing tracking showing it was delivered.
Um, exhibit 14. Please find that the property of 719 West Live Oak Avenue, Defic Springs, Florida, partial number 253 November 1 191960001 01 0 is located within the Misspella area of Phoenix Springs of Walton County and is subject to the city of Phoenix
Springs code of ordinances. Please find that the violation of the city of Phoenix Springs code of ordinances chapter 14 section 14-2 and chapter 14 section 14-3 on the property. Please find the proper notice of the hearing was given to respondent. The respondents decrypt the violation with 120 days the date of this order and the and the
respondent is further order to to contact the city of strings code of ordinance or city of strings code enforcement office to arrange for a reinspection of the subject property to verify compliance with this order. The other respondent fails comply with the above actions or fails to bring the property into compliance with the cable
codes ordinances regulations. According to this order, the special man says a fine of $75 a day until the property is brought to compliance. That'll be the end of my testimony. >> Very good. I accept your testimony into the record, your PowerPoint presentation, your documentation as evidence of um the violation in this
case. Mr. Williams, would you like to come forward, please? If you will state your name and address for the record at the microphone. Charlie Williams 719 live oak vote open Florida. >> Yes sir. What would you like to tell me today?
>> That's what I did exactly what he said. I had went to the courthouse and sign up for exemption so I could try to get my eyes. >> Okay. Uh has the time for filing homestead? >> I do not know how to actually >> Yeah, I'm not real familiar. Anyway,
keep trying that. >> I signed up about a month, two months ago. >> Okay, very good. Uh, have you uh been in con? So, he's not able to get the CRA as of yet, the CRA grants because it's not Homestead. >> Correct. When I talked to Mr. Irvin on
the um 30th, I asked him had Mr. Williams been in contact with him. He said yes, he had been. >> Very good. >> But the um he was not eligible for the grant because of the property not being homesteaded. It's one of the conditions. >> Okay. for especially for the um low income um grant program for a new roof
because if you look more closely at it looks like the it's going all the way up the roof to the structure itself. >> That's what it Yeah, that's what it looks like that you've got. Are you having any leaking in the house? >> Well, the one spot. >> Okay. Uh work keep working on the
homestead issue. Get that done and then CRA can help you. In the meantime, if you could do something to clean up the tarp and maybe get the pine straw off of your roof, that would go a long way to work with him. So that just like in the other case, once I render my ruling, if
I find there's a violation and if you are doing continuing to do what you do and continue to try to correct it and get grants to get it corrected, he can extend that the amount of days that I place on the order. Okay? >> And like I told Mr. on Pirano. The CRA
actually also has a dump trailer that the city will drop off for you. You just fill it up and we'll haul it off for you for the dump free of charge. >> Okay. All right. >> And you don't And the property doesn't have to be homesteaded for that at all. >> That's that's free from the city. You just have to be in the city itself. Is
there anything else you'd like me to No. >> Okay. Thank you, Mr. Williams. I appreciate you coming. >> I appreciate your work on correcting your property. >> Yes, sir. And if you'll wait a minute, we'll have the order for you. Okay. So just sit back down for just a second if you don't mind please.
Okay, this case is concluded. I find that this case has been uh presented at a public hearing before the special magistrate of the city of Definiac Springs, Walton County, Florida on October 16th, 2025, a Thursday after due notice to the respondent and the respondent is present and having heard
testimony under oath received evidence and argument hereby issues this following finding of fact conclusion of law in order as follows. The respondent, Charlie James Williams, whose mailing address is 719 West Live Oak Avenue, uh, Definiac Springs, Florida, 32435, is
the owner of the real property described and also known as 719 West Live Oak. It is Live Oak, not Love Oak because there's Love Oak on the >> correct. That's Live Oak >> Avenue, Deuniac Springs, Walton County, Florida. Partial ID number 253 North 91
191960001 010 0. The real property listed above is located and existing within the city of Definiac Springs, Walton County, Florida. Respondent as the owner of the real property is responsible for maintaining the same in accordance with the count the code of ordinances of the city of Defunia Springs. All written
notices have been made in accordance with Florida statutes chapter 162.12 and county code conditions presently exist on the property in violation of city code section chapter 14 section 14-2 nuisance hazardous conditions or insan
insanitary conditions uh general requirements in chapter 14-14-3 violations enumerated such conditions constitute a nuisance and serious threat to the public health safety and welfare within the meaning of chapter 162.06 06 subchapter 4 Florida statutes. This has
been a lawfully constituted code enforcement proceeding convened pursuant to chapter 162.1 part one, excuse me, of Florida statutes and chapter 18 of the city of Definiac Springs Land Development Code. I have jurisdiction over this subject matter and over the respondent based upon the following
findings of fact and conclusions of law the pursuant and pursuant to the authority granted to me under chapter 162 Florida statutes by the special magistrate finds respondents correctly after said violations honor before 120 days or a fine of $100 per day I want to
keep consistency um is and that's nothing to do with you Mr. Williams um is will be imposed on the 121st day. Respondent is further ordered to contact the city of Defunia Springs code enforcement office to arrange for a reinspection of the
subject property to verify compliance with this order. What that means, Mr. Williams, is when you've when you're getting it cleaned up, call him and he'll come out and inspect it and that'll stop any fines that may be acred or if it's within that 120 days or an
extension that he gives you, no fines have acred. Okay. All right. And I also order that the code enforcement officer Stron has the authority to extend the 120day compliance date on behalf of myself upon a showing a good faith effort by the respondent. So, it's
really important that you keep in contact with him. Okay. >> Mr. Williams, have you turned in the paperwork to the um Dr. Fraser's office already to homestead it at the courthouse? Okay. >> All right. You'll wait just a minute.
We'll give you a copy of this order. Thank you. And I appreciate you being here today. Okay, our last one. >> Okay, very good.
Do we need to go on the record regarding the continuence of um >> uh yes we can. I think we handled it the handled it but let's go ahead and set it on the record uh formally as well. >> All right. So the um finding a um fact hearing for case number 202500000094
which is the property owner. It was originally the estate of Daniel Herring, but is as of yesterday went through probate. Um it is now the um property of um Timothy Herring and a um
Sherry Thompson. I believe we're going to do a continuence on that case till the next court hearing, which won't be until January of 2026. >> That's fine. or if they want to appear at the special uh hearing that we're doing >> in November. >> In November, if they want to appear at
that time, they have that they uh you can offer them that opportunity. >> Okay. >> Or they can hold off until January. >> Okay. Yes, ma'am. >> Thank you. And this case is so continued until the next uh court date of either November or January uh at the
respondents request. >> Yes, ma'am. >> Thank you. This is a non-complant hearing case number 20240000144. The violation was chapter 14 section 14-3 violations enumerated. Address is 449 Lincoln Avenue. Partial number is
253 November 1 19190701849 Oscar. The property owner was originally Rose Nixon but has since then been transferred to Stephen Mark Everett. >> Exhibit one shows that the property is inside the city limits is still owned by
governed by the um code of ordinances. Exhibit two was the inspection um at the 220 of 2025 magistrate hearing >> inspection on 9:30 of 2025 and the inspection on nine are on 1016 of 2025
it's basically same condition now just overgrowth is being with green exhibit five case presented at 220 2025 systematic hearing where the property was found in violation of chapter 14 1614-3 master acquire the property brought into
compliance within 30 days which would have been that should be a question right there would been um in March um 2025 fair comply with the result of $50 a day until resolved um 9:30 2025 property inspected still not in compliance notice
of hearing prepared and sent to certified mail is returned back to me um no >> anyone living there >> no ma'am Ma'am, it's just >> it's just property. That's right. Yes, ma'am. Thank you. >> It had a house been there at one time, Mr. Ever actually had it demoed. Okay. And it was keeping it maintained and
then stopped maintaining it. >> Um those hearing also posted at city hall and at the property. >> 10:16 2025 the property stays um out of compliance. 16 a day of non-compliance. Exhibit seven, notice of hearing
certified mail. Exhibit eight, notice our hearing tracking show is returned back to on the sender. Exhibit nine, please find that the property is not in compliance. Please find the proper notice of hearing was given to respondent. A fine accured of
$10,400 between 324 of 2025, which was a compliance date, and today's date 1016 to 2025 and should be assessed and continue $50 a day until the property is brought into compliance. That is the end of my testimony. I accept your testimony into the record. I accept your uh
evidence of PowerPoint presentation um previous orders and your affidavit of compliance along with any of your other documents and PowerPoint presentation. Is there anyone here to speak on behalf of Rose Nixon or Steven Mark Everett? I do want the record to reflect the halls
have been called and no one uh responded. I do find um find that this case has was properly presented on u earlier this year on February 20th, 2025 after due notice to the parties at which time I heard
testimony received oath evidence under oath and being otherwise fully advised in the pro premises and ordered over certain action that on and on July excuse me Thursday October 16th 205 after due notice uh to the respondent I find that um I have heard testimony
under oath, received evidence and heard argument and hereby issue the finding following a fact conclusion of law and orders as follows. Respondent was required to take certain corrective action on or before Monday, March 21st, 2024 failing which a fine of $50 a day would begin to acrew as specifically set
forth in the finding of fact conclusion of law and order. An affidavit of non-compliance has been filed by the code enforcement officer strong which affidavit certifies under oath that as of as as of Tuesday September 30th 2025 the required correction action had not been taken as ordered. Respondent has
not complied on or before the required correction date with a finding within the finding of facts conclusion law and order heard on Thursday uh February 20th of 2025. This lean arises from the special magistrate order dated Thursday, February 20th, 25 issued against Rose
Nixon and the property uh for violations at 449 Lincoln Avenue def city of Defunia Springs, Walton County, Florida. The property was subsequently conveyed to Steven Mark Everett on Wednesday, March 19th, 2025. The property remains in non-compliance and this lean attaches
to the property and runs with the land. It is hereby ordered that the respondent is to pay the city that uh the petitioner of the city of Defunia Springs, Florida a fine in the amount of $10,000 for $10,400 for the fine proven here and above and which shall continue in the amount of $50 per day for each
and every day that the violation exists on the above described property and that respondent is further ordered to contact the city of Defunia Springs code enforcement office to arrange for a reinspection of the subject property to verify compliance with this order. A certified copy of this order will 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 chap Florida statutes chapter 162 done in order the 16th day of October 2025 in defiac springs Florida Walton County.
Okay. [Applause] You're done. You'll have to redo that page, but since there's nobody here, it's no big deal. Okay. And let me see that. Did I sign both of them? >> Yeah, there you go.
Perfect. Thank you. Does that conclude our cases for today? All right, we are in adjournment. 10 F3.