Thursday, January 23, 2020

Annandale RV Crisis Ends in Small Fines

Navaris say media "distorted" story, unfair to city, media AWOL at hearing.
Wife lobbied Mayor a few days prior to hearing

The saga of the  Annandale RV finally came to close last month.  Richard and Pam Navari lived in an RV parked in their driveway after an electrical fire damaged part of their home last year on Christmas Eve.  The city of Madison cited the parking of the RV for violating city ordinances because the Navaris did not obtain Annandale HOA approval.

Richard Navari pleaded guilty to a violation of the zoning ordinance and contempt of court at a December 17, 2019 hearing.  Madison Environmental Court Judge John Reeves fined him $550 for the zoning ordinance violation and $643 for the contempt of court issued when he failed to appear at a November hearing.  Judge Reeves suspended a 15 day jail sentence for two years.  No media attended the hearing nor reported the outcome. 

Credit: WAPT




Judge Reeves rejected a plea agreement between the city of Madison and Navari.  The plea agreement stated the city notified Navari on September 17, 2019 that he violated the city ordinance by parking the RV in his driveway without HOA approval.  The city called Navari several times.  Navari signed a citation on October 17.  Navari did not appear at a November 5 hearing.  A warrant for contempt of court was issued.  The city attorney contacted Navari's attorney.  Navari surrendered at Madison police headquarters and was immediately released without bail.

However, Navari's wife apparently contacted Mayor Mary Hawkins-Butler a week before the hearing.  The plea agreement states:

Defendant further acknowledges that his wife, Pam Navari contacted Mayor Mary Hawkins Butler on the morning of Wednesday, December 11, 2019 , to discuss the pending trial. The Mayor advised that she was unable to discuss this Court proceeding and offered no information or guidance on the pending proceedings .
 The agreement required the Navari to obtain a permit to repair the home within 60 days.  No permit had been issued since the Christmas Eve fire and the hearing.  Work is to be completed within 120 days.  The contempt of court charge would be remanded for 120 days as well with a hearing date scheduled after the completion of the 120 day term.

However, Judge Reeves rejected the plea agreement and quizzed Navari.  JJ obtained a copy of the transcript and posted it below.  Given the high-profile nature of the case, the city hired a court reporter for the hearing.

The Navaris threw the media under the bus.  Sorry, Megan and Sarah.  The Navaris attorney said:

We have learned that the mayor and the board were not afforded a right to offer any independent information to the news story that covered Mr. Navari's situation. To the extent this story distorted the facts or that any actions of the Navaris caused the City to be cast in an unsympathetic or negative light towards the Navaris' situation, the Navaris regret that consequence.
The Navaris said the they moved the RV and were staying in a hotel.   The city could have fined the Navaris $100 each day of the violation, September 17 to December 17.  However, Madison Attorney Chelsey Brannon asked the Court to only fine the Navaris $100 and dismiss the contempt of court charge.

Judge Reeves was having none of it as he proceeded to grill Richard Navari on why he missed the November hearing.   Navari said he thought the hearing was two weeks later.  Judge Reeves dismissed the city's request to dismissed the contempt charge and fined Navari.   The esteemed jurist said he fined defendants on a regular basis for missing court and wasn't going to make an exception.

The Navaris moved the RV the day before the hearing but Judge Reeves wanted to know why such action took 60 days.  Navari said they were out of money but received funds from the insurance company the prior week and were able to move the RV.  The Navaris admitted to living in the RV for nearly six months.    The Navaris admitted the insurance company provided funds for living and cleaning expenses but it stopped paying the expenses in the summer. 

Judge Reeves accepted the statement, levied the fines, and wished the Navaris well on their way.


History of Case

The story generated a great deal of controversy.  WAPT and the Clarion-Ledger went off to the races with the story. Even the Drudge Report picked up the coverage.  Nothing like a story of a "homeless" family taking on a heartless homeowners association.  The story began when the Navaris shopped the story to local media last fall.  Several media outlets wouldn't cover the story (one source said there were too many red flags) but they struck paydirt at WAPT.  The Clarion-Ledger picked up the story as well (as our favorite rip-off artist did what she does best.).


JJ reported on December 12:
 It is a sad tale and no one wants to see a family forced out of its home.  However, the "reporting" just told one side of the story.  The reporter didn't ask Mrs. Navari how much, if any money, the insurance company paid her or when rebuilding the home would start. Meanwhile, the Clarion-Ledger literally copied the WAPT story and posted Mrs. Navari's Facebook video about her ordeal. The story got over a thousand comments on Facebook and even attracted the notice of the Drudge report. 

In the video, Mrs. Navari complained no one would help her family try to keep the RV at their home.  She accused the Insurance Commissioner of ignoring her plight after she filed a complaint.  She made similar claims in the message on her now-deactivated Gofundme page*.  She said the insurance company would not help her and was investigating her claim because she hired a public adjuster.  The insurance company allegedly stopped "paying our loss of use" and cut the family off last summer.

However, insurance company documents and correspondence do not completely square with the story presented by Mrs. NavariThe insurance company apparently paid over $100,000 to the insured.  The insurance company made several payments to the Navaris after the Christmas Eve fire:

* A $10,000 advance sent overnight for living expenses.
* A second check was issued in February for $11,200 for more living expenses.
* The insurance company paid $32,016 in February for a dwelling preliminary payment.
* A $16,302 check was issued in March for "contents pack out."
* $29,237 was paid in April. This included payments for two months rent at $4,000 per month, a $900 pet deposit, and a $1,000 even though "the insured was living in the same rental house."  The rent increased and the deposit was charged while living in the house.  The remainder of the funds, $19,337, was used for mitigation and cleaning.
* $23,114 was paid for cleaning clothes.
* $1,247 was paid for cleaning some contents.

The insurance company notes state it hired an electrical engineer but the insured demanded "all electrical be replaced in the house or she would not move back into it."   The insured rented a house from a neighbor who had the house up for sale. The rent increased from $2,200 per month to $4,000 per month. The insurance company offered to use "temporary relocation services which would bill the insurance company directly for a comparable home which would be furnished. We did confirm there were comparable homes available in the area. The insured refused and has also been renting furniture from Rent a Center for 6 months in the amount of $1,600 per month without authorization."  (See court file posted below)

The lease was allegedly signed for a six-month term without authorization. The insurance company claimed the repairs on the home have not started and that it "stressed the need for the repairs to begin numerous times."

The insurance company questioned more alleged claims:

The insured has submitted replacement invoices for numerous pieces of luggage, designer scarves, shoes, cosmetics, womens clothing, purses, etc without allowing us the opportunity to inspect to see the alleged damages. We asked for substantiating documents and original receipts. We have not received these to date although requested numerous times. The insured sent photos of unrelated items and has not sent receipts."

The insurance company said it stopped issuing payments until it could determine how much of the money spent was used for covered expenses.

The documents also stated that the insurer settled with the insured and that the claim is closed. Coincidentally, the Gofundme page was deactivated about the same time as when the settlement took place.

Then there is the matter of the ticket.  Megan West reported the city left "a court summons on the windshield of their RV" and "Navaris are due in court next month for violating the city ordinance. They face fines, court costs and possible jail time."

The report gives a false impression of the city leaving a notice on the windshield where it was not easily seen. The court file says otherwise.  The city of Madison issued a citation to Richard Navari on October 17, 2019 at 2:07 PM for violation of a city ordinance.  The citation has the defendant's signature.  The court date is November 5.   The fine is all of $150.   Madison records show that the city sent a warning letter to the Navaris on September 17.  The Navari's attorney called and obtained an extension to October 15.

However, the Navaris claim they didn't know about the court date because the citation was left on the windshield of the RV.  As Lee Corso would say, not so fast my friend.  Mr. Navari's signature is at the bottom of the citation (posted below).  The incident report states that an officer visited the home and "met Richard Joseph Navari".  It also stated "Navari signed the bottom of the citation saying that he would be in court on the above stated date and time."   Somehow, those facts were left out of the WAPT story and no correction was ever issued. 
Earlier post on Annandale RV.

Kingfish note: WAPT and the newspaper apparently loved getting that big headline but then couldn't bother to report how the case actually turned out for the Navaris.  Is anyone surprised?














18 comments:

Anonymous said...

Yawn............

Anonymous said...

"Madison Environmental Court Judge". Funny KF.

Anonymous said...

Thank you Kingfish for providing the rest of the story! This family blew through their money and then blamed the HOA in the media. SHAMEFUL!

Anonymous said...

Double YAWN.....BFD. OVER. OUT. NEVER WAS worthy of all this attention.

Anonymous said...

Navaris=Grifters

Anonymous said...

At least there's one source for finding the real truth on bogus stories like this! Keep us informed, Kingfish!

Anonymous said...

Madison Environmental Court Judge is the biggest joke I've heard of. You should see John Reeves out at the baptist healthplex in his wife beater shirt strutting around like a peacock.

Then there is Miriam Ethridge running around Madison harassing the good hard working people of Madison because there is lack of flowers in the flower bed.

Kingfish said...

Dont like code enforcement?

Move to Jackson where it's almost non existent.

Anonymous said...

When is the RV going up for sale?

Anonymous said...

@12:14
Drop the "white knight" act. They wouldn't give you a second glance. Megan West owes apologies to Annandale Estates. If one is not given then she can forget ever being taken seriously as a journalist.

Glass House said...

I wonder if the great Kingfish called WAPT or her to ask about their response to this continuing story. Did you get her side KF, or pull the trigger without the professional courtesy of a response from WAPT, the news editor, or the apparent target of ridicule you so clearly are shooting at? How about it? Did you call them for a response?

Anonymous said...

The story is about the Navari's. The rest is editorial comment. Get over yourself.

Anonymous said...

"No media attended the hearing nor reported the outcome." Nobody cares anymore.

Kingfish said...

Media generally doesn't respond to questions about its coverage.

The first story was one thing. Woman called up station to talk about her plight. Happens all the time.

However there was never a follow up and that's on the news director.

Anonymous said...

"This family blew through their money and then blamed the HOA in the media. SHAMEFUL! January 23, 2020 at 11:04 AM"

It's not that they 'blew through their money' so much as it's about the red flags from the very point of the claim all the way through not showing up for court and then trying to work out a deal with a mayor. The insurance company smelled a rat from the get-go and it was NOT rat-hair singed by an electrical short.

Anonymous said...

HOA regulations and city laws are totally separate. The city has no legal jurisdiction to enforce HOA regulations.

Don't Meddle My Flower Beds! said...

7:46 - Nobody said the city has jurisdiction to enforce HOA regulations. However, you do know City Code trumps HOA regs, don't you?

And Here Come Jurdge John.. said...

Nobody objects to code or code enforcement, when tempered with common sense and reason. What tends to rile folks up is when you put a nut-case in charge who concentrates on flower beds, gutter stains and utility trailers in the back yard of a one acre lot.


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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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