As I stated above, in February and April, 1999, Mr. Miller contracted to do three projects on our house at 520 North Spring Street. Mr. Bonfield and Mr. Wilkinson had said that we must do these projects in order to get a new Certificate of Occupancy so we could get an Occupational License so we could use our commercial building. Mr. Bonfield and Mr. Wilkinson used extortion to force these projects on us - that we would never be allowed to use our commercial property unless we complied with these illegal requirements.
We paid Mr. Miller in full in one case and paid him substantial advance payments in the other two. Mr. Miller immediately removed all of the artifacts but stopped work on these projects the first week in May. Despite nearly constant directions to finish these projects, he refused. Instead of completing the projects (returning my artifacts) that he had received substantial payments on, one paid in full, Mr. Miller, did other work that he said Mr. Wilkinson needed to be done and presented me with high weekly bills.
We paid Mr. Miller in full in one case and paid him substantial advance payments in the other two. Mr. Miller immediately removed all of the artifacts but stopped work on these projects the first week in May. Despite nearly constant directions to finish these projects, he refused. Instead of completing the projects (returning my artifacts) that he had received substantial payments on, one paid in full, Mr. Miller, did other work that he said Mr. Wilkinson needed to be done and presented me with high weekly bills.
Mr. Miller removed all of the spindles and railings on the porches and verandas on the first and second floors (contract dated 2/12/99). The Architectural Review Board approved a maximum of 15% of the spindles being removed for refurbishment. Mr. Miller violated the Board’s decision and removed and stole them all. He then abandoned this project. This caused a dangerous situation as the porches and verandas now contained no spindles or railings.
Mr. Miller removed the back stairs and kept all materials and then abandoned this project without building and installing the new stairs (contract dated 2/12/99). He had been paid ahead on the work done (66%). This caused a dangerous situation as the landing from the upper back door then did not have back stairs, spindles, or railings
Mr. Miller removed and kept all of the antique decking on the second floor front porch, overlooking Spring Street, and partially installed untreated boards which warped the first time it rained. The contract (contract dated 4/2/99) specified treated (waterproof) boards which I paid for in advance. Mr. Miller was paid in full for this project. Mr. Miller abandoned this project and left warped boards on the second floor wrap-around porch on the side and front of the house – a definite tripping hazard.
Mr. Miller removed and kept all of the antique decking on the second floor front porch, overlooking Spring Street, and partially installed untreated boards which warped the first time it rained. The contract (contract dated 4/2/99) specified treated (waterproof) boards which I paid for in advance. Mr. Miller was paid in full for this project. Mr. Miller abandoned this project and left warped boards on the second floor wrap-around porch on the side and front of the house – a definite tripping hazard.
The items illegally removed from the property without my approval and illegally kept from me were heart pine over a hundred years old. Heart pine is now extinct.
Mr. Miller, McFatter and his crew spent a lot of time digging in the yard, tearing out walls, and pulling up slate fireplace hearths looking for treasure.
On September 6, 1999, I sent a certified letter, required by Florida Statute 489.126 Moneys received by contractors, to Mr. Miller regarding the abandoned projects. I sent a copy of this letter to Mr. Wilkinson to let him know the situation. Mr. Miller did not write a response but came by once and said he would finish the stairs if I would pay him the remaining amount immediately. I said he could finish the project and I would pay him the final amount then. I never saw Mr. Miller again.
Although not required by County Ordinance, I sent Mr. Miller another certified letter on September 25, 1999, firing Mr. Miller for abandoning projects and not returning our property which he did not have permisssion to remove from the house much less remove from the site altogether. There was no reply. I also, again, sent a copy of this letter to Mr. Wilkinson to let him know the situation - that I had fired Mr. Miller for abandoning three projects paid far in advance - one paid in full. These were some of the projects Mr. Bonfield and Mr. Wilkinson had insisted on in order to receive a Certificate of Occupancy so we could get an Occupational License to open our business. We had been illegally closed for 16 months at that time.
On September 20, 1999, I wrote the Pensacola City Attorney, Mr. Don Caton, stating that I had received no answer to my letter to him of August 24, 1999, reporting, again, that the Pensacola Inspections Department was still breaking the law regarding CO’s and, again, asking that he stop these illegal actions. I also wrote another letter to Mr. Bonfield, Pensacola City Manager, dtd August 24, 1999,
stating the public records request I had made in June, 1999, had not be
fulfilled.
I
wrote a letter to Mr. Butterworth, the Florida Attorney General, dtd August 24,
1999, pinpointing the illegal actions on
the part of City Officials, and informing him that the State Attorney, Mr.
Golden, has refused to stop these legal actions against us and the other
citizens of Pensacola.
I
concluded the letter to Mr. Butterworth
with the hope that he will seriously address the situation I pointed out and
take corrective steps.
I
was given a copy, unofficially, of a memorandum, dtd August 25, 1999, to the Chairman and members of the Pensacola Planning Board
which requests changes to the Land Development Code (LDC) regarding Certificate
of Occupancy. These changes
appear to be designed to illegally enhance control over the citizens of
Pensacola, again, when they buy or rent property to a new tenant. All of these changes are in violation of the
Standard Building Code, the construction regulation selected by City Officials,
and will not change the Standard Building Code but will be used, the same way the
previous LDC changes were used, as something in writing to point at in the Code
books to force Pensacola citizens to comply – legal or not.
I
wrote Florida Governor Jeb Bush, again, about the apparent illegal/criminal
activities, especially against “old folks” such as we are and also against
historic buildings. I pointed out that
we had owned the property for one year and two months and City Officials were
still making illegal demands and refused us an occupational license even though
I presented a copy of the current CO on file in the Pensacola Building
Inspection Department, as required by Pensacola Ordinance. I was in compliance with the regulations but City Officials were not.
