Dec 02, 2020 Special Magistrate Hearing

[00:00:04]

>>> GOOD MORNING. MY NAME IS FRAN ROSS. I AM A SPECIAL MAGISTRATE WHO

[1. CALL TO ORDER]

-- TELEVISED. BE CAREFUL WHAT YOU SAY AND DO BECAUSE PEOPLE DO WATCH THE LOCAL TV STATION. OKAY? ALL RIGHT.

AND IN A LITTLE BIT. WE -- IN A LITTLE BIT WE WILL GET STARTED.

RIGHT NOW IF YOU DON'T MIND PLEASE STAND FOR THE PLEDGE OF ALI GENERAL.

>> -- THE PLEDGE OF ALLEGIANCE. >> I PLJ -- PLEDGE ALLEGIANCE

TO THE FLAG. >> PLEASE REMAIN STANDING AND THE CLERK WILL ADMINISTER THE

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

OATH. >> PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. >> THANK YOU. >> MADAM CLERK, WHEN YOU ARE

READY, PLEASE CALL THE FIRST CASE. >> WE ARE GOING TO START WITH

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

CALLING THE CASES IN COMPLIANCE OR CLOSED. >> OKAY.

>> CASE 5B-201096111 NORTH 13TH STREET WE ARE CONTINUING.

[B. 20-1096 CE 111 N 14th St Houston, David E Isaac Saucedo]

[D. 20-1291 CE 425 N 14th Street Ermith Lazare Chad Dawson]

[F. 20-0362 CE 416 N 21st St Wynn, Gary A (EST) Maximillion Lewis]

[H. 20-1988 BTR 3269 Oleander Ave B9 Offer Up Auto Sale & Repair Isaac Saucedo]

[C. 20-1058 CE CONTINUE 1400 Binney Drive Phillips, Corliss Heather Debevec]

[A. 20-2414 CE 1928 Eucalytpus Avenue Smith, Marvin Heather Debevec]

SMITH. >> COME FORWARD, PLEASE. >> HI.

MY NAME IS MARVIN SMITH. >> AND YOU DID SWEAR IN, SIR? YOU DID SWEAR IN?

THANK YOU. >> HEATHER, WOULD YOU LIKE TO START?

>> I AM READY SPECIAL MAGISTRATE. THIS IS CASE 20-2414, 1928 EUCALYPTUS AVENUE OWNED BY A MR. MARVIN SMITH. IT WAS INITIATED ON OCTOBER 20TH FOR SECTION 123-64 SUBSECTION A, 123-1 TREE REMOVAL.

THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATOR RESPONSIBLE OF MOVING A TREE OF 12DBH TO TOTAL 12,000 AND TWO SIMPLE PALM TREES 208 -- 200 EACH TOTALING 400. THE VIOLATION STILL EXISTS THE VIOLATOR BE GIVEN A FINE OF $3400 TOTAL. IT IS REQUESTED THE MONEY FROM THE FINES ARE ASSESSED TO THE CITY TREE FUND. AND I DO HAVE PHOTOS WHICH WERE REVIEWED THIS MORNING.

>> WE MOVE THE PHOTOS AS CITY'S 1 COMPOSITE. >> LET ME REVIEW THEM.

YOU MAY CONTINUE. >> SPECIAL MAGISTRATE, IF YOU HAVE ANY QUESTIONS WE CAN

ANSWER ANY QUESTIONS YOU MAY HAVE. >> MR. SMITH, HOW DO YOU

RESPOND TO THE ALLEGATIONS? >> THE BANION TREE WAS AT MY HOUSE AND CAUSING A NUISANCE.

I DIDN'T KNOW I NEEDED A PERMIT TO DELETE THE TREES FROM THE YARD.

AND IT WASSEN -- WAS ENCLOSING ON MY FENCE. IT WAS CREATING A SITUATION WHERE THE RATS WERE GETTING INTO THE HOUSE FROM THE BAN -- BANION TREE.

IT WAS LOCATED NEXT TO THE HOUSE AND ACROSS FROM THE HOUSE.

THAT'S WHY I CUT THE TREES DOWN. THE OTHER TREES, THE TWO PALM TREES WERE ALSO IN THE FENCE, AND THEY WERE ALSO -- HAD DAMAGED THE FENCE AND THAT'S

WHY I CUT THOSE DOWN. >> ANYTHING FURTHER? ANYTHING FURTHER?

[00:05:02]

>> NO. LIKE I SAID, WHAT YOU SEE HERE ARE TREES.

MY YARD WAS A JUNGLE. ALL OF THOSE TREES YOU CAN SEE ON THE RIGHT HERE AND ONE ON THE LEFT, THE TWO IN THE FRONT SIDE HERE WHERE THE TREE HOUSE IS AT AND THE ONE IN THE FRONT, THOSE TREES WERE GOING ALL THE WAY ACROSS THE BACKSIDE OF THE HOUSE TO THE OTHER SIDE OF THE FENCE. THE TREE IN THE FRONT, THE SEA BROOKE TREE, EXTENDED TO THE BACK OF THE FENCE WHERE I CUT THE OTHER TREES. AND THEY WERE ALL THE WAY ACROSS THE HOUSE. IT WAS A JUNGLE IN THE BACK OF MY HOUSE AND THAT'S WHY I CUT THEM DOWN. IT WAS INTRUDING ON MY HOUSE. I DIDN'T KNOW I NEEDED A

PERMIT. >> WHEN DID YOU FIND OUT YOU NEEDED A PERMIT?

>> WHEN I RECEIVED THE LETTER. >> ANYTHING FURTHER?

>> THAT'S ALL I HAVE TO SAY FOR RIGHT NOW. >> HAVE THE TREES BEEN

REMOVED? >> EVERYTHING HAS BEEN REMOVED.

THE PROPERTY IS -- THE FENCE HAS BEEN PUT BACK UP IN THE AREA THAT THE TREES WERE CUT

DOWN IN. >> AND WE DO HAVE THE FORESTER HERE?

>> YES. >> COME FORWARD TO HELP ME OUT.

YOU CAN USE THE MIC RIGHT THERE. >> GOOD MORNING.

STATE YOUR NAME FOR THE RECORD. >> HAL BETTER -- BERTROM.

>> HELP ME OUT WITH THIS. >> WE WERE CALLED OUT TO THE PROPERTY BY THE NEIGHBOR.

WHEN WE ARRIVED THE TREES WERE ALREADY CUT DOWN AND THE PALM TREES WERE REMOVED, AND AS THE GENTLEMAN SAID THEY TRIMMED BACK SOME SEABROOKS BEHIND THE HOUSE.

THEY DIDN'T GET A PERMIT BEFORE THEY DID THE WORK. >> WERE ALL OF THE TREES

REMOVED? >> JUST THE TWO PALM TREES AND THE BANION AND FIE CUSS TREE -- FICUS TREE HE REFERRED TO. THE OTHER WERE CUT BACK OR

TOPPED. >> ON THE RECOMMENDATION IT SAYS THE REMOVE MEANT OF A

BANION TREE OF 12DBH TIMES 250 FOR A TOTAL OF $3,000. >> THAT'S THE MINIMUM SIZE THAT THEY HAD OUT THERE. THE TREE WAS ALREADY CUT DOWN TO GROUND HEIGHT, SO WE GAVE A

CONSERVATIVE ESTIMATE OF THE SIZE OF THE ACTUAL TREE. >> AND THIS SABLE PALM TREES?

>> THAT IS A STANDARD. THE TREE IS OVER SIX FEET, THEN IT IS A $200 FEET IF YOU CUT THEM DOWN WITHOUT A PERMIT. FOR THE PERMITTING PROCESS, THAT'S EXACTLY WHAT IT IS IF YOU CALL US AND WE COME OUT AND WE LOOK AT THE TREE AND IF INDEED THEY NEED TO BE REMOVED OR IF THEY SHOULD BE REMOVED, WE ISSUE THE PERMIT AND IT IS A $35 FEE AND THE CUSTOMER CAN GO AHEAD AND CUT THE TREE DOWN.

THAT PROCESS IS IN PLACE SO THAT WE DON'T HAVE ANY MISCONCEPTIONS OR PEOPLE THAT JUST WANT TO CUT TREES DOWN WITHOUT HAVING ANY KIND OF A REASON TO REPLACE THEM.

>> ANYTHING FURTHER? >> NO. >> MR. SMITH?

>> NO, I JUST DIDN'T KNOW -- AGAIN, I DIDN'T REALIZE YOU HAD TO HAVE A PERMIT.

I DIDN'T KNOW YOU HAD TO HAVE A PERMIT, AND I -- I WAS ALSO WONDERING, DO YOU HAVE TO HAVE A PERMIT TO PLANT TREES? IF YOU HAVE TO HAVE A PERMIT TO REMOVE THEM, YOU SHOULD

HAVE TO HAVE A PERMIT TO HAVE THEM PUT IN? >> WELL, TO BE HONEST WITH YOU, I HAVE BEEN WHERE YOU ARE. YOU JUST HAVE TO HAVE A PERMIT.

>> OKAY, I WAS JUST SAYING I DIDN'T REALIZE IT. IT IS WHAT IT IS, BUT THEY WERE ON MY HOUSE AND I HAD TO DO WHAT I HAD TO DO TO PROTECT MY RESIDENCE.

>> HOW LONG HAVE YOU LIVED IN THE HOUSE? >> I HAVE BEEN THERE SINCE 1997. I HAVE ALWAYS CUT THE TREES BACK, BUT NEVER THIS FAR BACK. THE ONE -- THE BANION TREE, IS -- AS I MENTIONED IT WAS ALL THE WAY TO THE HOUSE. I WAS CUTTING IT BACK AND CUTTING IT BACK AND IT GOT TO THE FENCE. THE RATS WERE GETTING INTO MY ATTIC FROM THE TREE.

THAT'S WHEN I DECIDED THAT IT IS TIME TO GET RID OF THE TREE.

IT WAS ALREADY IN MY FENCE AND DAMAGING THE FENCE AND THAT'S WHY I DECIDED TO CUT IT BACK.

I DID NOT REALIZE YOU ARE REQUIRED TO HAVE A PERMIT FOR THE TREE.

THERE IS ANOTHER ONE -- IF YOU LOOK AT THE PICTURES THERE IS ANOTHER ONE WAY IN THE BACK OF THE HOUSE, AND THAT'S NOT BOTHERING ANYTHING SO I DIDN'T BOTHER CUTTING IT DOWN.

[00:10:04]

>> ALL RIGHT. THE CITY IS ASKING I FINE YOU $3,400.

>> THAT'S A LOT OF MONEY. >> IT IS. >> ESPECIALLY FOR CUTTING TREES IN TRUING ON YOUR PROPERTY AND INTRUDING ON YOUR HOUSE.

I DIDN'T THINK THAT WAS FAIR, PERSONALLY. >> WELL, HERE AGAIN, I CAN SPEAK PERSONALLY. I RECENTLY HAD SOME TREES CUT DOWN, BUT I DID GET A PERMIT.

I HAVE LEARNED THROUGH THIS JOB THAT YOU HAVE TO HAVE PERMITS, BUT ACTUALLY WHEN I INITIALLY CUT THE TREES DOWN I DIDN'T HAVE A PERMIT. WHAT HAPPENED WHEN WASTE MANAGEMENT CAME TO PICK UP THE TREES, THEY CALLED THE COUNTY AND SAID, YOU KNOW, SHE CUT DOWN A TREE AND WE DON'T SEE A PERMIT. THE COUNTY CAME OUT AND OF COURSE I WAS ABLE TO GET A PERMIT POST THEM CUTTING IT, BUT YOU DO HAVE TO HAVE A PERMIT. $3,400 IS A LOT OF MONEY, AND I KNOW HOW THE CITY ARRIVES AT

THOSE AMOUNTS AS MR. BERTROM HAS STATED. >> HOW DID WE?

>> NO, I SAID I KNOW HOW YOU ARRIVED AT IT AS YOU HAVE STATED.

>> I DON'T EVEN KNOW HOW HE CAME UP WITH THAT. HE SAID THE TREE WAS 12 FEET

HIGH? IS THAT WHAT YOU ARE SAY SNG. >> NO, IT IS THE DBA.

BASICALLY IT IS WHAT THE CIRCUMFERENCE OF THE TRUNK OF THE TREE.

THAT IS THE MINIMUM. WE ARE REALLY A TREE PROTECTION PROGRAM.

THE TREE WAS QUITE SOME SIZE LARGER THAN THAT. YOU CAN PROBABLY PUT -- WE COULD PROBABLY WORK OUT A LITTLE LENIENCY ON THE NUMBER OF THE FICUS TREE BECAUSE THEY ARE A NUISANCE TREE WHEN THEY DO GET CLOSE TO A HOME AND STUFF LIKE THAT.

AT THAT POINT THOUGH, IT PROBABLY WOULD HAVE BEEN APPROVED FOR REMOVAL.

IF IT IS A REDUCTION, IT COULD BE A REDUCTION ON THE CITY'S END DOWN TO A TOTAL FINE OF

ABOUT $1,000. >> OKAY. MR. SMITH?

>> I CAN'T REALLY AFFORD THAT, BUT IF THAT'S WHAT YOU ARE GOING TO DO, THAT'S FINE.

I WAS HOPING YOU WOULD WAIVE THE FEES. IT WAS INTRUDING ON MY HOUSE, AND LIKE I SAID, I WAS HOPING I COULD GET BY WITH A FINE OF THE PERMITS AND BE DONE WITH

THIS. >> I UNDERSTAND. YOU HAD THAT ONE BIG TREE, THE BANION, AND THE TWO SABLE PALMS. THEY ARE ASKING FOR 200 EAT ON THE -- EACH ON THE SABLE PALMS. WHAT I WILL DO, AND I DO IT IN AN ABUNDANCE OF CAUTION. I UNDERSTAND WHAT YOU WENT THROUGH.

I REALLY DO. AND THIS IS BASED ON THE DBH AS MR. BERTROM HAS EXPLAINED.

ARE YOU EMPLOYED? >> I'M SEMI-RETIRED RIGHT NOW.

>> HERE IS WHAT I WILL DO. I WILL DO FIND THAT YOU ARE IN VIOLATION AND RESPONSIBLE FOR MOVING THE TREE. HOW DID THIS COME TO YOUR ATTENTION, MR. BERTROM?

>> THERE WAS A PHONE CALL FROM THE NEIGHBOR ON THE EAST SIDE I THINK THAT HAS A SWIMMING POOL AND SAID SOMEBODY WAS CUTTING DOWN A LOT OF TREES AND THEY DID NOT HAVE A

PERMIT. >> ANYTHING FURTHER? >> NO, THAT'S IT FROM ME.

>> ALL RIGHT. BASED ON THE TESTIMONY AND THE EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTS AND THAT MARVIN SMITH IS RESPONSIBLE FOR THE VIOLATION.

I WILL FINE YOU $750 FOR FOR REMOVING THE TREES AND ALSO THAT THE MONEY FROM THE FINES GO TO THE CITY OF FORT PIERCE TREE FUND. HOW MUCH TIME DO YOU NEED TO

PAY THAT? >> I CAN PROBABLY GIVE YOU A CHECK TODAY.

>> NUMBER ONE, YOU HAVE 30 DAYS TO APPEAL, BUT NUMBER TWO , I WILL GIVE YOU 30 DAYS ALSO TO PAY THE FINE. THAT WILL GIVE THEM TIME TO GET THE PAPERWORK TOGETHER.

>> OKAY. >> IT IS WHAT IT IS. AND IT IS GOOD TO SEE YOU.

>> I THOUGHT I RECOGNIZED YOU. >> I DIDN'T KNOW YOU RECOGNIZE

ME OR NOT. >> WITH A MASK. >> I WAS GOING TO TAKE IT DOWN

SO YOU CAN SEE WHO I WAS. >> HOW ARE YOU DOING? >> ANYTHING ELSE?

>> THAT'S IT. GOOD LUCK. >> THANK YOU.

[00:15:02]

>> THANK YOU, MR. BERTROM. HEATHER, THANK YOU. THE NEXT CASE?

>> THE NEXT CASE IS A PARKING CITATION CASE 20-2331. TUCKER.

[A. 20-2331 CT Jaycee Park Tucker, Veronica Heather Debevec]

>> GOOD MORNING, YOUR HONOR. >> ARE YOU SWORN IN? >> AND YOU ARE -- YES.

>> AND YOU ARE? >> VERONICA TUCKER. >> WHEN YOU ARE READY.

>> PROCEED? >> YES. >> I KNOW YOU WERE PREVIOUSLY SWORN, BUT CAN YOU STATE YOUR NAME AND OCCUPATION FOR THE RECORD.

>> CODE ENFORCEMENT. >> CAN YOU TELL US IF YOU WERE WORKING ON 20-2331? DID YOU ISSUE A CITATION IN THAT CASE? WHAT DATE DID YOU ISSUE THE

CITATION. >> OCTOBER 10TH. >> WITHIN THE CITY LIMITS OF

FORT PIERCE? WHERE? >> KC PARK.

>> WHAT WAS THE VIOLATION YOU OBSERVED? >> A VEHICLE PARKING IN A

TRUCK AND TRAILER SPOT WITHOUT A TRAILER. >> DID YOU TAKE ANY

PHOTOGRAPHS THAT DAY? >> I DID. >> AND DO THE PHOTOGRAPHS

FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW? >> YES.

AND I DID HAVE AN OPPORTUNITY TO SHARE THEM THIS MORNING. >> AT THIS TIME WE MOVE THE

PHOTOGRAPHS IN THE CITY'S 1 COME -- COMPOSITE. >> THEY WILL BE ADMITTED.

>> IS THERE ANYTHING YOU WOULD LIKE TO SAY ABOUT THE PHOTOGRAPHS?

>> I DON'T BELIEVE SO. >> MS. TUCKER? >> YES, GOOD MORNING.

>> GOOD MORNING. HOW DO YOU RESPOND? >> I DON'T EVEN KNOW IF I WAS IN THAT SPOT OR NOT. I'M SURE I WAS. HOWEVER, THE DAY OF OCTOBER 10TH I WAS SUPPOSED TO BE AT A FUNCTION AND I WAS RESPONSIBLE FOR BRINGING THE FOOD AND IT WAS TO START AT 12. WE HAD A PAVILION RENTED.

WHEN I GOT THERE IT WAS -- I MEAN, I DIDN'T EVEN LEAVE MY HOUSE UNTIL 1:00 BECAUSE OF THE TORRENTIAL RAIN WE HAD THAT DAY. I HAD TO GET THERE.

SO WHEN I GOT THERE, THE RAIN WAS THE SAME WAY. WHEN I PULLED IN, I NEVER EVEN SAW A SIGN THERE. WHEN I CAME TO LEAVE THE FUNCTION AND GET IN MY CAR, THERE WAS A PLASTIC BAG ON MY FRONT WINDOW WHICH I THOUGHT WAS ADVERTISEMENT OR SOMETHING SO I TOOK IT OFF AND THREW IT INTO MY CAR. LATER, WITHIN AN HOUR, I GOT A TEXT FROM ANOTHER VOLUNTEER THAT WAS AT THE FUNCTION SAYING DID YOU GET THE TICKET? I'M LIKE, WHAT TICKET? THE PERSON SAID HE SPOKE TO THE PERSON THAT I GUESS WAS ISSUING THE TICKET AND TELLING THEM WHAT WAS GOING ON.

FORTUNATELY THAT'S HOW I FOUND OUT ABOUT IT. I PROBABLY WOULDN'T EVEN HAVE LOOKED IN THE BAG BECAUSE I DIDN'T KNOW THAT I HAD DONE WHAT I EVIDENTLY DID.

SO THE FIRST THING I THOUGHT OF TO DO, YOU KNOW, READING WHAT WAS ON THE PAPER AND I CALLED IMMEDIATELY AND LIKE I SAID, I'M SURE THAT IF A TICKET WAS ISSUED I DID WHAT WAS SAID AND I NEVER EVEN KNEW IT. THE VISION THAT DAY WAS RIDICULOUS. IF I HAD A CHOICE WHETHER I WENT OR DIDN'T GO, I WOULDN'T HAVE WENT. THAT'S HOW BAD THE WEATHER WAS, THE RAIN WAS RATHER.

>> DO YOU REMEMBER TALKING TO ANYBODY ABOUT THE TICKET ISSUED TO THAT VEHICLE ON THAT

DAY? >> JANIE WAS ALSO WITH ME THAT DAY AND THE PARK WAS BUSY.

BOTH OF US HAD SPOKEN TO VARIOUS PEOPLE, BUT I DID NOT HAVE AN OPPORTUNITY TO SPEAK

WITH MS. TUCKER THAT DAY. NO. >> ANYTHING FURTHER? YOU KNOW, IT IS UNFORTUNATE, BUT THERE IS RESTRICTIVE PARKING IN THAT PARK, AND IT IS A VERY POPULAR PARK ALL YEAR LONG. WITH THAT BEING SAID I DO FIND THAT A VIOLATION EXISTS AND YOU ARE RESPONSIBLE FOR THE VIOLATION.

YOU WILL BE ASSESSED A FINE OF $50 FOR THE VIOLATION. HOW MUCH TIME DO YOU NEED TO

PAY IT? >> OH, I CAN PAY IT. I JUST DIDN'T WANT ANYTHING AGAINST ME. IT IS NOT LIKE I SAW THE SIGN AND SAID THE HECK WITH IT AND PARKED THERE, YOU KNOW? THAT'S MY PURPOSE FOR REALLY BEING HERE.

I THINK I READ ON THE VIOLATION THAT IT SAID THIS IS LIKE A FIRST TIME OFFENSE.

I JUST THOUGHT COMING -- I WOULD DO THE BEST I COULD AND THAT'S ALL.

>> I WILL GIVE YOU 30 DAYS TO PAY IT. IF YOU DON'T PAY IT WITHIN

THAT PERIOD OF TIME, THE CASE WILL BE TRANSFERRED. >> THAT'S FINE.

[00:20:04]

>> TO THE CITY CLERK OR COUNTY CLERK WHERE YOU WILL INCUR ADDITIONAL FEES AND COSTS.

>> THANK YOU. >> IF YOU WANT TO PAY TODAY WE CAN HELP WITH YOU THAT TOO.

>> OKAY. >> YOU DON'T HAVE TO COME BACK.

>> AND SHE IS GOING TO TAKE -- >> YEAH.

>> THANK YOU. >> YOU'RE WELCOME. >> THE NEXT CASE IS ANOTHER

[B. 20-2027 CT Jaycee Park Martinez, Waleska Heather Debevec]

PARKING CITATION. 20-2027, MARTINEZ. >> GOOD MORNING.

>> GOOD MORNING. WHEN YOU'RE READY MS. DEBEVEC.

>> DO WE WANT TO CONFIRM THE RESPONDENT HAS BEEN SWORN BEFORE WE PROCEED?

>> I KNOW SHE HAS. SHE WAS WHEN SHE CAME? >> WHAT IS YOUR NAME, PLEASE?

>> WALESKA MARTINEZ. >> MS. DEBEVEC I KNOW YOU WERE PREVIOUSLY SWORN, CORRECT?

WERE YOU THE CODE ENFORCER RELATED TO 20-2027? >> YES, MA'AM.

>> WAS IT ISSUED ON SEPTEMBER 5TH, 2020? >> YES, MA'AM.

>> WHERE WITHIN THE CITY LIMITS OF FORT PIERCE? >> JAYCEE PARK.

>> WHAT WAS THE NATURE OF THE VIOLATION YOU OBSERVED? >> THE VEHICLE WAS PARKED ON

THE GRASS IN THE PARK ITSELF BEHIND THE FACILITY. >> SO THE GRASSY AREA, WAS

THAT A PROHIBITED PARKING AREA? >> CORRECT.

>> DID YOU TAKE ANY PHOTOGRAPHS THAT DAY? SPHWRIE --

>> I DID. AND I DID HAVE AN OPPORTUNITY TO SHARE THEM WITH

MS. MARTINEZ THIS MORNING. >> THANK YOU. AND DO THEY FAIRLY AND

ACCURATELY DEPICT WHAT YOU SAW? >> YES, MA'AM.

>> WE MOVE THE PHOTOS AS CITY'S 1 COMPOSITE. >> IT WILL BE ADMITTED AS

SUCH. >> IS THERE ANYTHING ELSE YOU WOULD LIKE TO SAY ABOUT THE

PHOTOGRAPHS OR ABOUT THE CASE? >> NOT THAT I CAN THINK OF AT

THE MOMENT. >> THANK YOU. >> AND MS. MARTINEZ -- MARTINEZ, I'M SORRY. HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> I ACTUALLY HAVE EVIDENCE MYSELF THAT SHOWS THAT THERE IS NO CLEAR INDICATION THAT PARKING WAS PROHIBITED. I HAVE MY OWN PICTURES IF YOU WOULD LIKE TO SEE THEM.

>> HAVE YOU SHOWN THEM TO MS. DEBEVC. >> TO WHO?

>> MS. DEBEVEC. >> NO. I TOOK PICTURES OF THE WHOLE 360 VIEW SO YOU CAN SEE THERE WAS A CLEAR GROVE THAT WOULD LEAD ME TO THIS PARKING -- WELL NOT PARKING SPACE, BUT THE PARKING AREA, AND THERE ARE NO SIGNS ANYWHERE THAT

PARKING IS PROHIBITED. >> WHAT BUILDING ARE YOU PARKED NEXT TO HERE?

>> HAVE I NEVER BEEN TO THIS PARK BEFORE. I BELIEVE IT MAY BE WHERE THEY KEEP BOATS, TRAILERS. I AM NOT 100% SURE. BUT THERE IS A ROAD THAT LEADS YOU TO THAT AREA THERE. AND SO THAT DAY THAT I WENT, THERE WERE CARS PARKED ALONGSIDE THE FENCE. HOWEVER, BY THE TIME I GOT TO MY CAR, THOSE CARS WERE GONE, AND I SAW THAT I HAD THE TICKET. I LOOKED AROUND AND SAID, WELL THERE IS NO SIGNING THAT SAYS NO PARKING, BUT THERE IS A CLEAR CUT ROAD IN THE PICTURES

YOU SEE. >> MS. DEBEVEC, DO YOU RECOGNIZE THIS BUSINESS?

[00:25:08]

>> IT IS THE SAIL CLUB SAIL CAMP. >> DO YOU WANT THESE ADMITTED INTO EVIDENCE, OR DO YOU WANT THEM BACK? I HAVE LOOKED AT THEM.

>> I HAVE THEM ON MY PHONE IF YOU GUYS WANT TO KEEP THEM FOR EVIDENCE.

THAT'S FINE. >> OKAY. THEY WILL BE ADMITTED AS MS. MARTINEZ'S EXHIBITS 1 THROUGH 5. ANYTHING FURTHER?

>> NO, MA'AM. >> ALL RIGHT THEN, BASED ON YOUR TESTIMONY AND EVIDENCE I FIND A VIOLATION EXISTS AND WALESKA MARTINEZ IS RESPONSIBLE FOR THE VIOLATION. I WILL FINE YOU $50. HOW MUCH TIME DO YOU NEED TO

PAY? >> HOW IS THERE A VIOLATION IF THERE IS NO CLEAR INDICATION THAT PARKING IS PROHIBITED? THERE IS NO SIGN POSTED. THAT'S THE ONLY REASON I TOOK THE PICTURES BECAUSE I REALLY WANTED TO KNOW WHERE THAT SIGN WAS.

>> YOUR HONOR, IF I MAY? >> PLEASE. >> CERTAINLY.

IN THE MAIN AREA, THE MAIN PROPER PARKING AREA OF THE PARK, THERE ARE SIGNS THAT SAY PLEASE PARK IN DESIGNATED SPACES ONLY. THE ROADWAY THAT SHE DROVE DOWN IS A MAINTENANCE ACCESS FOR IF THERE IS A PROBLEM FOR THE CITY TO MAKE REPAIRS AND

SUCH. >> AND TO SUPPLEMENT THAT, THERE IS PAVED ROADS, PAVED PARKING AREAS AND PAVED ACCESS AREAS THROUGHOUT THE PARK. THIS WAS VERY OBVIOUSLY IN THE PHOTOS SHE SUBMITTED, IT IS A TWO-LANE DIRT ACCESS ROAD. IT IS NOT A ROAD.

IT IS AN ACCESS AREA FOR OUR MAINTENANCE. >> THANK YOU.

ANY RESPONSE TO THAT? >> YES. AGAIN, LIKE I I SAID, THIS WAS MY FIRST TIME AT THE PARK. I AM NOT FROM HERE. AGAIN, IF THERE WERE SIGNS THAT SAID NO PARKING, I WOULD DEFINITELY UNDERSTAND. I COME FROM MIAMI WHERE THERE ARE ONE-WAY SIGNS, U-TURN SIGNS, NO PARKING SIGNS. I WAS EXPECTING THE SAME THING UP HERE. IF THERE WAS SOMETHING CLEARLY POSTED THAT INDICATES PARKING

IS PROHIBITED, I WOULD HAVE NEVER PARKED THERE. >> SPECIAL MAGISTRATE, WE ARE GOING TO RESPOND SIMPLY TO SAY IT WAS GRASS. IT IS NOT A PARKING SPOT.

IT IS A GRASSY LAWN AREA. IT IS NOT THERE FOR PARKING. >> THAT IS MY CONCERN.

>> I UNDERSTAND. AGAIN, IT IS A PARK AND THERE IS NOTHING THERE THAT

INDICATED THAT PARKING WAS PROHIBITED. >> THERE ARE SIGNS AT THE

ENTRANCE. >> AT WHAT ENTRANCE? >> THE ENTRANCE TO THE PARK.

>> CAN I SEE THOSE PICTURES OR THAT EVIDENCE THAT THERE -- THAT THERE SHOULD BE NO

PARKING? >> I DON'T HAVE IT HERE, BUT HAVE I GONE TO THAT PARK NUMEROUS TIMES BECAUSE OF THE COMPLAINTS WE GET ABOUT PARKING AT JAYCEE PARK.

IN ORDER FOR ME TO MAKE SURE THAT I'M FAMILIAR WITH THE AREA, I DROVE OVER THERE RECENTLY AS A MONTH AGO. THE OTHER THING I FIND IS YOU ARE NEAR A BUILDING, AND IT IS GRASSY. THERE ARE NO PARKING SPACES, AND FROM THE PHOTOS THAT I

HAVE BEEN PRESENTED, YOUR CAR IS THE ONLY CAR THERE. >> RIGHT.

IT WAS LATE IN THE AFTERNOON. WE WERE LIKE SOME OF THE LAST PEOPLE TO LEAVE.

BUT ON THAT ROAD THAT SHE MENTIONED WHICH IS YOU HAVE THE PICTURE THERE WERE CARS ON THE SIDE OF THAT FENCE THAT WERE PARKED THERE. WERE THEY TEMPORARILY THERE? I DON'T KNOW BECAUSE I WASN'T PAYING ATTENTION. BY THE TIME I LEFT THERE WERE NO CARS THERE. SO AGAINN THAT CLEARLY INDICATED THAT

PARKING IS PROHIBITED, I WOULD HAVE NEVER PARKED THERE. >> SPECIAL MAGISTRATE, THE PHOTO I AM SHOWING OFF MY PHONE TO JAIME, IT IS A SIGN FROM SOUTH CLAUSE WAY THAT HAS THE SAME RULES AS JAYCEE PARK WHERE THE CITATION WAS ISSUED BEFORE YOU.

ON THAT SIGN IT IS KIND OF HARD TO SEE AS I DO ADMIT THERE IS A CIRCLE WITH A RED SLASH TO INDICATE NO. AT THE BOTTOM OF THE PICTURE IT SAYS VEHICLES IN THE PARK.

>> WHERE IS THAT SIGN? I DON'T KNOW WHERE IN THE PARK THAT SIGN IS.

>> IT IS AT THE MAIN ENTRANCE TO THE PARK. IF YOU WENT THROUGH THE MAIN

ENTRANCE OF THE PARK THERE IS A SIGN THERE. >> WELL, I AM NOT EVEN SURE WHICH SIDE OF THE PARK I WAS ON. I JUST FIGURED LET'S GO THIS WAY AND PARK BACK HERE AND THERE IS A SHADED AREA. AGAIN, THERE WAS NOTHING THAT SAID PARKING IS PROHIBITED. IF I HAD THE $50 TO JUST GIVE IT TO YOU, I WOULD, BUT I DON'T AND THAT'S WHY I AM HERE TO DEFEND MYSELF. THERE WAS NO CLEAR INDICATION

[00:30:02]

WHATSOEVER. >> SPECIAL MAGISTRATE, WE DO HAVE A PHOTO THAT SAYS JAYCEE

PARK ON IT. >> ON THE BEACH OR IN THE PARK.

I WAS NOT IN THE PARK. IT WAS THE SIDE. YOU CAN SEE THERE IS A BUILDING ON THE OTHER SIDE. I AM NOWHERE NEAR THE PARK AREA.

>> THAT IS THE PARK, MA'AM. THE PARK GOES ALL THE WAY OVER TO THE FENCE THAT'S IN THE

PICTURE HERE. >> SO WITH MY PICTURES I -- OKAY.

SO -- >> THIS BUILDING IS IN THE PARK.

THIS GRASSY AREA IS IN THE PARK. >> RIGHT, BUT THERE IS A FENCE

THAT SEPARATES THAT BUILDING. >> I UNDERSTAND. BUT THE PARK --

>> THE PARK I KNOW WHERE THE PARK IS. >> THE PARK GOES OVER TO THE FENCE IN THIS PHOTO TO THE BUSHES. THAT ENTIRE AREA IS PART OF

THE PARK. >> UP TO THAT BLACK FENCE? THAT'S A PROPERTY FENCE THAT

BELONGS TO THE YELLOW BUILDING , CORRECT. >> MARINER'S BAY.

CORRECT. >> AND THERE IS A DITCH BY MY CAR.

>> THAT IS PART OF THE PARK ALSO AND THAT'S WITHIN THE PARK BOUNDARIES.

>> I MEAN IF THERE IS AN ISSUE IN THE PAST, THERE SHOULD BE A SIGN THAT SAYS PARKING PROHIBITED. DO NOT PARK HERE. THERE'S NOT.

>> THAT'S BECAUSE NO ONE PARKS THERE, MA'AM. >> OKAY.

SOMEONE WHO IS FROM HERE WOULD KNOW THAT. I AM NOT FROM HERE.

THAT WAS MY FIRST TIME AT THE PARK AND THERE IS NO CLEAR INDICATION.

>> I UNDERSTAND THAT, MA'AM. THERE IS VERY WELL DETAILED PARKING AREAS AND PARKING

SIGNAGE IN THE MAIN AREA OF THE PARK. >> OKAY.

>> SPECIAL MAGISTRATE, I DON'T KNOW IF THERE IS ANYTHING LEFT TO BE SAID ON THIS MATTER, BUT IF THERE IS I WOULD ASK THAT THE WITNESS ADDRESSES ME DIRECTLY.

>> ANYTHING FURTHER? >> NO, MA'AM. >> BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS. SUBJECT 20-2027CT AND WALESKA MARTINEZ IS RESPONSIBLE. YOU ARE RESPONSIBLE FOR $50. HOW MUCH TIME DO YOU NEED TO

PAY THAT? >> A LOT OF TIME. >> HOW MUCH?

>> A LOT. I AM NOT SURE. I DON'T HAVE $50 TO JUST GIVE

RIGHT NOW. >> CAN YOU PAY THE $50 IN TWO MONTHS?

>> OKAY. >> I WILL FINE YOU $50 AND YOU HAVE 60-DAYS TO PAY.

I URGE YOU TO PAY THAT. IT CAN RESULT IN THE TICKET BEING SENT TO THE COUNTY CLERK. IF IT GOES OVER THERE YOU WILL INCUR ADDITIONAL FEES AND COSTS. I DON'T KNOW IF YOU PLAN ON COMING BACK TO THE AREA, BUT THERE ARE SIGNS AT THE PARKING ENTRANCE. SO JUST BE CAREFUL.

I MEAN, HAVE I CHILDREN AND GRANDCHILDREN -- I MEAN, I HAVE CHILDREN AND GRANDCHILDREN. ARE YOU BACK THERE AND THERE ARE NO OTHER CARS BACK THERE AND THAT SHOULD HAVE TOLD YOU THAT YOU CAN'T PARK BACK THERE.

IT IS COMMON SENSE. THERE IS A LAW THAT SAYS YOU CAN'T PARK BACK THERE AND YOU NEED A DESIGNATED PARKING SPACE. WHEREVER YOU GO.

REMEMBER THAT. GOOD LUCK. >> THAT'S IT?

>> THE NEXT CASE IS CASE 20-1293, 427 NORTH 14TH STREET, FOUNDATION LLC.

[C. 20-1293 427 N 14th Street Foundation LLC Chad Dawson]

>> GOOD MORNING. >> GOOD MORNING. >> SIR, WERE YOU PREVIOUSLY

SWORN IN? WERE YOU PREVIOUSLY SWORN IN? >> NO.

>> WOULD YOU PLACE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.

>> CHRISTOPHER PATTERSON. >> AND DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO

GIVE WILL BE THE TRUTH? >> YES. >> AND THE LADY WITH YOU, IS

SHE GOING TO TESTIFY ALSO? >> YES. >> WOULD YOU PLEASE RAISE YOUR

RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. >> MEREDITH PATTERSON.

>> MEREDITH? >> MEREDITH. >> AND DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> THIS IS CASE NUMBER 20- 1293, 427 NORTH 14TH STREET OWNED BY FOUNDATION LLC. THE PROPERTY WAS CITED FOR -- THE CASE INITIATED JUNE 9TH OF 2020. THE PROPERTY WAS CITED FOR 16-436.

NUISANCE PROPERTY PROHIBITED. SECTION 16-438 NUISANCE AS A CONDITION.

[00:35:08]

I JUST WANTED TO PUT THAT ON RECORD THAT IT IS JUST NOT AN ORDINARY FENCE CASE.

>> THANK YOU. ANYTHING FURTHER? >> NO, MA'AM.

>> DO YOU HAVE PHOTOS, CHAD? >> YES, I'M SORRY. I HAVE PHOTOS TO SUBMIT AS WELL. I DON'T KNOW IF THEY SAW THEM BECAUSE I DID NOT CONTACT

THEM. >> I WOULD LIKE TO SEE THEM. AND ACTUALLY IF I COULD HOLD IT FOR THE RECORD WHILE I AM EXPLAINING THE SITUATION THAT MUST BE HEARD.

>> SPECIAL MAGISTRATE, WE ASK THAT YOU JUST TAKE A LOOK AT THE PHOTOS NOW AND THEN ONCE

THEY ARE EVIDENCE YOU CAN TALK ABOUT THEM. >> OKAY.

>> AND THESE PHOTOS FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> YES, MA'AM. >> WE MOVE THE PHOTOS IN AS CITY'S COMPOSITE 1.

>> ANYTHING FURTHER, MR. DAWSON? >> NO, MA'AM.

>> AND WHO WANTS TO SPEAK FIRST? >> I WILL.

>> OKAY, MR. PATTERSON. >> ONCE AGAIN GOOD MORNING TO YOU.

>> GOOD MORNING. >> ALL RIGHT. SO THEY ARE CORRECT.

THE ALLEYWAY TO THE -- I GUESS THAT IS THE CITY SERVICE ALLEYWAY.

THAT'S TO A DEAD END STREET. WE PURCHASED THESE PROPERTIES, AND WE REFACED THE PROPERTIES FOR THE AESTHETICS OF THE NEIGHBORHOOD. I DON'T KNOW IF YOU ARE AWARE OF WHAT 14TH STREET WAS. THE BACK ALLEY THERE, WE BLOCKED THE BACK ALLEYWAY TO THE DEAD END BECAUSE YOU HAVE PROSTITUTES, DRUG DEALERS, CRACK HEADS THAT ARE LURKING IN THE BACK ALLEYWAY. IT IS TO A DEAD END OF THE PROPERTY.

WE HAD NO CHOICE FOR THE SAFETY OF OUR TENANTS TO BLOCK THAT BECAUSE IT IS A DEAD END. WE ARE IN A PROCEDURE FOR THE ABANDONMENT PROCEDURE FOR THE LAND THEY MAY HAVE. YOU KNOW, THIS LAND RIGHT NOW IS A NUISANCE AND WE HAVE TO

DO SOMETHING ABOUT IT. >> AS IT RELATES TO THE FENCE WE HAVE TO GET A SURVEY DONE ON THE PROPERTY AND BECAUSE OF THE CURRENT PANDEMIC IT TOOK AWHILE.

WE GOT THE SURVEY AND WE HAVE THE PERMIT APPLICATION READY. THAT RAISED ANOTHER QUESTION.

MY PROPERTY LINE IS DIRECTLY UNDER THE CONCRETE SLAB. THE PROPERTY TO THE RIGHT I OWN A GOOD DEAL OF THE PROPERTY. AND ONE PROPERTY I WILL TAKE AWAY THE PROPERTY AND THE SLAB AND WE HAVE THE CURRENT ISSUE WHEN WE WILL GET THE ABANDONMENT. I DON'T KNOW IF IT IS A PROPER TERM, BUT IT IS THE ABANDONMENT AND IT IS A NUISANCE. I DON'T LIKE DRUG HEADS OR PROSTITUTES OR ANY ILLEGAL ACTIVITY. AND I BELIEVE THAT WHAT WE HAVE DONE AND IT IS SEVEN YEARS AND IT HAS REALLY HELPED THE COMMUNITY AND I BELIEVE THIS IS WHY THE CITY BILL WORK WITH US AND I TOLD THE CODEN -- CODE ENFORCEMENT THAT I AM NOT REMOVING THE FENCE AND NOBODY IS WORKING AGAINST THE PROSTITUTES AND CRACK

[00:40:12]

JUST IMAGINE IF WE OPEN THAT AND LEAVE IT OPEN FOR DOPE DEALERS AND CRACK HEADS AND ALL OF THOSE PEOPLE BEHIND THERE JUST DEFACING OUR COMMUNITY AND CREATING MORE PROBLEMS. I THINK IF WE OPEN IT UP WE CAN PUT LIGHTS AND IT WILL

TAKE CARE OF THE PROBLEMS THERE. >> SPECIAL MAGISTRATE, I DON'T MEAN TO INTERRUPT, BUT I DO WANT TO JUST -- I AM GOING TO LAY AN OBJECTION AS TO RELEVANCE AT THIS POINT AS TO SOME OF THE ACTIVITIES THAT ARE GOING ON.

WE HAVE TO COME BACK TO THE PERMITTING PROCESS FOR THE FENCE.

>> WE HAVE THAT. >> LET HER FINISH. >> FOR THE ABANDONMENT.

AND I BELIEVE -- I WOULD LIKE TO INQUIRE -- >> OBJECTION SUSTAINED.

>> THANK YOU. >> SIR, YOU ARE HERE BECAUSE YOU DIDN'T HAVE A PERMIT.

IF YOU WANT TO JUST ADDRESS THE PERMIT, THAT'S FINE. THE SOCIAL ISSUES, YOU CAN ADDRESS THOSE WITH THE CITY. I'M SURE THEY WILL BE GLAD TO WORK WITH YOU TO HELP CLEAN UP THE AREA. THAT'S WHY WE ARE HERE. THE PERMIT, HAVE YOU REMOVED

THE FENCE FROM THE ALLEYWAY? >> NO, I DIDN'T BECAUSE OF WHAT I EXPLAINED.

AND THIS IS WHERE I WANT THE CITY TO IMMEDIATELY START WORKING WITH -- IMMEDIATELY THAT WE WANT TO STOP THE NUISANCE OPENING UP IN THAT AREA.

IT IS ALLOWING CRACK HEADS AND DOPE DEALERS AND PROSTITUTES AND ALL OF THIS THING THAT I AM TALKING ABOUT THAT YOU ARE SAYING NOT TO TALK ABOUT. THAT IS OPENING UP THE FLOOD

GATE. >> THIS IS NOT THE FORUM FOR THAT.

I AM HERE TO ADDRESS THE VIOLATIONS OF THE CITY'S CODE.

IF YOU WANT TO ADDRESS THOSE ISSUES, YOU NEED TO TALK TO YOUR LOCAL REPRESENTATIVES OR MAYBE THE PEOPLE THAT ARE HERE, BUT THAT'S NOT WHY YOU ARE HERE THIS MORNING I WILL JUST GIVE YOU A BIT OF ADVICE HERE. WE DON'T SELF-POLICE IN THIS COUNTRY. YOU DON'T TAKE MATTERS IN YOUR OWN HANDS.

THAT'S WHY YOU HAVE BOARDS AND YOU HAVE LAW ENFORCEMENT OFFICERS.

IF EVERYBODY DECIDED THAT THIS IS WHAT I WANT TO DO TO MAKE THIS BETTER BECAUSE I DON'T LIKE THIS, AND THERE ARE OTHER PEOPLE OUT THERE IN THE CITY LIKE YOU THAT AGREE, BUT THIS IS NOT THE WAY TO DO IT. YOU GO THROUGH THE PROPER CHANNELS.

YOU YOU HAVEN'T -- YOU HAVEN'T DONE THAT. DESPITE THE FACT, ALBEIT, YOUR

INTENTIONS ARE GOOD, BUT YOU ARE VIOLATING THE LAW. >> HOW?

>> BECAUSE YOU ARE STANDING HERE TODAY CHARGED WITH PUTTING UP A FENCE THAT BLOCKS

THE CITY'S RIGHT OF WAY. >> IT IS A DEAD END. >> LISTEN, I AM NOT GOING TO ARGUE WITH YOU. I AM NOT GOING TO DEBATE THIS.

YOU HAD THE PROPERTY FOR SEVEN YEARS, CORRECT? >> YES.

>> THERE IS AN OLD SAYING AND WE TALK ABOUT IT ALL THE TIME IN LAW CALLED CAVEAT ENTER.

COUNSEL, IF I GET IT WRONG LET ME KNOW BECAUSE IT WAS A LONGTIME.

>> BUYER BEWARE. >> IF YOU BUY IT, YOU NEED TO HAVE IT SURVEYED AND YOU NEED TO INSPECT IT. I CAN SEE YOUR ADDRESS IS NOT WITHIN FORT PIERCE.

YOU SHOULD HAVE GOT WITH SOMEBODY AND SAID, HEY, I WANT TO BUY THIS PROPERTY.

TELL ME WHAT'S WRONG. I SAY TO PEOPLE ALL THE TIME, IF YOU ARE GOING TO BUY IT, GET A GOOD REAL ESTATE ATTORNEY. GET A GOOD ONE.

>> ACTUALLY IF I COULD SPEAK SINCE THE FENCE HAS BEEN UP THERE WE HAVE DONE WHAT WE CAN TO MITIGATE THE DAMAGES AND TO LIMIT THE POSSIBILITY OF COMING TO THE PROPERTY.

THERE IS NOT THE TRAFFIC THAT WAS GOING BACK BEHIND THE PROPERTY THAT WAS GOING BACK.

>> THAT DOESN'T GIVE YOU -- >> TECHNICALLY WE DID ASK FOR LIGHTING IN THE AREA AND WE DID GO THROUGH ALL OF THAT PROCESS AND NOTHING HAS BEEN DONE.

THERE HAS BEEN BREAK INS ON MY PROPERTY WITHOUT THE FENCE THERE.

THERE ARE SEVERAL TENANTS THERE AND TO HAVE IT OPEN LIKE THAT, IT IS JUST NOT -- IT IS

NOT SAFE. >> IT IS NOT SAFE FOR THE RESIDENTS OF SAINT LUCIE COUNTY TO HAVE PEOPLE WITH GOOD INTENTIONS TO TAKE THE LAW INTO THEIR OWN HANDS.

MR. DAWSON, HOW DID THIS COME BEFORE -- >> IT WAS ACTUALLY A COMPLAINT FROM THE NEXT STREET OVER. 15TH STREET WAS COMPLAINING ACTUALLY ABOUT

THIS FOR THAT REASON THAT -- >> MA'AM, NO INTERRUPTING. >> BASICALLY IT IS FOR THE REASON THAT IF LAW ENFORCEMENT OR FIREFIGHTERS HAVE TO GET BACK THERE, THEY HAVE NO WAY TO GET BACK THERE BECAUSE THEY HAVE BOTH SIDES OF THE RIGHT OF WAY BLOCKED.

[00:45:01]

IT WAS A CONCERN REQUEST FROM CITIZENS. >> HAS THE FENCE BEEN

REMOVED? >> NO. >> IT IS A DEAD END.

>> SIR, IF YOU INTERRUPT ONE MORE TIME I WILL REMOVE YOU FROM THESE CHAMBERS.

YOU ALREADY ARE VIOLATING THE CITY'S ORDINANCE BECAUSE YOU PUT UP YOUR OWN FENCE AND NOW YOU WILL COME IN AND INTERRUPT OTHER PEOPLE TALKING. YOU DON'T DO THAT.

YOU UNDERSTAND? I'M SORRY, MR. DONALDSON. >> AS OF RIGHT NOW, DECEMBER

RUN -- DECEMBER 1ST IT WAS THE SAME. >> WE SPOKE WITH MR. DAWSON.

WE HAD JENNIFER, I DON'T REMEMBER HER NAME, COME OUT AND SPEAK TO US ABOUT ACQUIRING THE PROPERTY AS AN ABANDONED PIECE. AND GIVEN THE PANDEMIC TO WORK OUT THE ABANDONED SITUATION. I DIDN'T HEAR BACK FROM MR. DAWSON UNTIL I RECEIVED THIS

NOTICE. >> DID YOU CALL HIM? >> NO.

I PLANNED ON ATTENDING THE HEARING. >> AND THIS WAS JUNE 9TH?

>> IF I MAY, I SENT AN E-MAIL ON JULY 22ND STATING WE WILL WORK WITH HIM TO GET THE PROPER PERMITS. AND LIKE I SAID, SINCE DECEMBER 1ST DECEMBER 2ND , EXCUSE ME, AND I RECEIVED NOTHING. I SENT THE E-MAIL OUT TO THE PLANNING DEPARTMENT AND THE ENGINEERING DEPARTMENT FOR ANY UPDATES AND I HAVEN'T RECEIVED ANYTHING BACK FROM THE DEPARTMENTS. I CAN CALL ANY SURVEY COMPANY AND THEY WILL TELL YOU THE SAME THING. IN FACT, THEY HAVE NOT MAILED ME THAT YET L -- TO MOVE FORWARD WITH THAT PROPERTY TO GET THE PROSTITUTES AND THE DOPE DEALERS ON THAT POINT NEXT TO THE BRIDGE UNDER CONTROL.

I WOULD LOVE TO SEE THIS HAPPEN. IT IS A BIG CONCERN FOR ME.

>> SIR, IT IS A MAIN CONCERN FOR EVERYBODY IN THE CITY. YOU KNOW WHAT? THOSE PEOPLE THAT YOU KEEP REFERRING TO, THE CRACK HEADS, THE DRUG DEALERS, THE PROSTITUTES, THEY HAVE RIGHTS TOO. WHAT THEY MAY BE DOING IS BREAKING THE LAW, BUT SO ARE YOU. ANYTHING FURTHER?

ANYBODY? >> I AM NOT HERE TO BE LECTURED.

THIS IS THE WRONG CHANNEL. YOU -- YOU SAY YOU HAVE YOUR PERMIT?

>> YES. >> IT HAS BEEN ISSUED. >> WE HAVE THE PERMIT APPLICATION AND THE SURVEY. WE HAVE TO HAVE THE ORIGINAL SURVEY.

THAT IS A BACKLOG. WE HAVE THE COPY OF THE SURVEY TO SHOW IT IS PAID FOR, BUT WE

HAVE TO HAVE -- YES, YOU HAVE TO HAVE THE ORIGINAL SURVEY. >> THANK YOU.

CAN YOU ESTIMATE HOW LONG IT WOULD TAKE FOR THEM TO GET A SURVEY?

>> THAT I DON'T HAVE AN ESTIMATE FOR. BUT MY UNDERSTANDING IS THERE ARE TWO PROCESS THAT'S NEED TO BE COMPLETED. THEY NEED TO OBTAIN A PERMIT -- SORRY OF -- SORRY. I WILL TAKE THIS OFF. THEY NEED A PERMIT FOR THE FENCE THAT IS LEGALLY ON THEIR PROPERTY. THE FENCE WAS INSTALLED WITHOUT A PERMIT. THAT IS NUMBER ONE. AND THEN THE FENCE THAT IS BLOCKING THE CITY'S ALLEYWAY NEEDS TO BE REMOVED UNTIL THE FULL PROCESS AND TO ABANDON AN ALLEYWAY IS A LONG PROCESS. THEY HAVE TO APPLY TO THE PLANNING DEPARTMENT AND IT HAS TO GO TO THE TECHNICAL REVIEW THERE IS A LONG PROCESS FOR THE ABANDONMENT.

WHEN THE PROCESS IS COMPLETED HE CAN APPLY TO HAVE THE FENCE PUT UP ON -- ON TO THAT PROPERTY. IT HAS TO BE UH ABANDONED THERE IS A FULL PROCESS.

SO THERE ARE TWO SEPARATE ISSUES. THE PERMIT FOR THE FENCE ON THE PROPERTY AND THAT'S UNTIL THE TRANSFER OF TITLE OF THAT LAND TO THE ZONE IS COMPLETED. I HAVE A STANDING ISSUE WHERE THE PROPERTY LINE LANDS ON THE LADY'S CONCRETE SLAB AND IN THE OTHER PERSON'S PROPERTY TAKING AWAY THE SHED.

THOSE ARE ISSUES THAT. WE CAN'T BLOCK THEM FROM GOING IN THEIR HOME AND TAKE AWAY

[00:50:09]

>> SIR, THAT IS A SEPARATE ISSUE. LET THE BUYER BEWARE.

THESE ARE THINGS YOU SHOULD HAVE DONE BEFORE YOU PRESIDENT BUSHED THE PROPERTY.

ANYTHING FURTHER? >> MAYBE WE CAN HAVE AN EXTENSION OF TIME TO TAKE CARE

OF THESE ISSUES. >> I HAVE SIT IN AN OFFICE AND THEY SAID DO NOT SIGN.

YOU HAVE A SETBACK PROBLEM. THAT IS YOUR RESPONSE RESPONSIBILITY AS THE BUYER.

>> THE SETBACK IS NOT THE PROBLEM. >> THE SETBACK WAS MY PROBLEM AND I HAD A LAWYER HELPING ME. YOU HAVE SOME PROBLEMS AND ISSUES. ANYWAY, I WON'T LISTEN TO ANYTHING FURTHER.

I FIND A VIOLATION EXISTS AND CHRIS PATTERSON AND MEREDITH PATTERSON ARE RESPONSIBLE.

I WILL ORDER, ONE, YOU REMOVE THE FENCING FROM THE CITY'S ALLEYWAY RIGHT AWAY,

IMMEDIATELY. >> IT IS NOT A PROBLEM. >> --

>> MA'AM -- >> IT IS BECAUSE OF COVID. >> I AM SO TEARED -- TIRED OF HEARING ABOUT COVID. I WILL GIVE YOU TIME, BUT YOU HILLARY MOVE THE FENCE

IMMEDIATELY. >> I WILL GET IT DONE TODAY. >> DO WHAT YOU WANT, BUT MY ORDER IS REMOVE IT IMMEDIATELY. NUMBER TWO, YOU WILL OBTAIN THE NECESSARY PERMITS THROUGH THE BUILDING DEPARTMENT AND WHAT -- WHATEVER OTHER DEPARTMENT THEY NEED TO GO THROUGH. IT IS A PROCESS.

AND COVID HAS SLOWED THINGS UP, BUT AS MR. DAWSON HAS SAID HE SENT YOU E-MAILS.

>> WE SENT HIM E-MAILS TOO. >> Y'ALL DID EVERYTHING RIGHT.

THAT'S WHY YOU ARE HERE. YOU DID EVERYTHING RIGHT. THAT'S WHY YOU ARE HERE.

>> YES, WE DID. WE ABSOLUTELY DID. WE ARE TRYING TO HELP THE

COMMUNITY. >> ARE YOU NOT HELPING WHEN YOU ARE BLOCKING THE CITY'S

RIGHT OF WAY. >> OKAY. >> ARE YOU NOT HELPING WHEN

YOU ARE BLOCKING THE CITY'S RIGHT OF WAY. >> IT HAS BEEN SEVEN YEARS THAT -- AND THE CITY HAS NOT BEEN SERVICING THE AREA. I HAVE BEEN SERVICING THE AREA. IT IS THE TYPE OF PEOPLE THAT WANT TO USE THE AREA -- OF COURSE THEY MADE THEIR COMPLAINT BECAUSE WE WERE NOT ALLOWING THEM TO TRESPASS ON

THE PROPERTY. >> MOST OF THE PEOPLE WERE THERE BEFORE YOU GOT THERE.

SO YOU HAVE TO DEAL WITH IT. I WILL GIVE YOU 20 DAYS TO START ON THE PERMIT PROCESS.

AND YOU ARE GOING TO REMOVE THAT FENCE RIGHT AWAY. YOU CAN TALK TO CODE AND MAYBE

GET SOME GUIDANCE. >> I JUST WANT TO CLARIFY. SO TO OBTAIN THE PERMIT OR

SUBMIT THE APPLICATION. >> SUBMIT THE APRIL PLAW -- APPLICATION FOR THE PERMIT

BECAUSE HE SAID THEY STARTED. >> RIGHT. IT WAS WAITING ON THE ORIGINAL SURVEY. UNLESS YOU GUYS WANT A COPY OF THE SURVEY.

>> SIR, YOU NEED TO GO TO THE BUILDING DEPARTMENT. WE ARE HERE WITH CODE

ENFORCEMENT VIOLATIONS. AM I CLEAR WITH MY ORDER? >>

>> REMOVE THE FENCE IMMEDIATELY AND 20 DAYS TO SUBMIT THE FENCE APPLICATION.

>> SHE -- >> Y'ALL ARE JUST SO RUDE! YOU WON'T LET ANYBODY FINISH A SENTENCE. JUST HOLD ON A MINUTE. GOSH, Y'ALL ARE RUDE.

AND I HAVE NEVER SAID THAT. >> I HAVE BEEN WITH YOU FOR 14 YEARS, MA'AM.

>> AND JUST OVERTALKING EVERYBODY. I'M SORRY.

>> OUR ORDER WILL BE FOR REMOVAL OF THE FENCE IMMEDIATELY AND 20 DAYS TO

SUBMIT THE FENCE PERMIT APPLICATION. >> IF I MAY BE HEARD, SPECIAL MAGISTRATE, I THINK THE MEANING OF IMMEDIATELY IS PROBABLY CLEAR, BUT FROM MY PERSPECTIVE, I WOULD FEEL BETTER IF WE HAD A SPECIFIC DATE.

>> 24 HOURS. >> OKAY. I STAND CORRECTED.

LET'S GIVE THEM -- YOU LIVE WHERE? >> MIRAMAR.

GERARD COUNTY. >> WITHIN 24 -- NO. 48 HOURS, I WANT THE FENCE DOWN. IF NOT, YOU WILL BE FINED $100 PER DAY.

ARE YOU CLEAR ON THIS? >> I UNDERSTAND. YES.

>> YOU UNDERSTAND? I DIDN'T ASK YOU IF YOU LIKED IT.

DO YOU UNDERSTAND? >> ARE YOU TALKING TO ME? >> I'M LOOKING AT YOU.

>> OKAY. YEAH, I HEARD YOU. >> THANK YOU.

YOU HAVE 30 DAYS TO APPEAL MY DECISION. I SUGGEST YOU GET WITH CODE AND BUILDING RIGHT AWAY SO YOU CAN GET WORKING ON IT. DO YOU UNDERSTAND?

THANK YOU. >> THE CASE NEXT IS $20-1897, 1015 MAY FLOWER ROAD,

[E. 20-1897 CE 1015 Mayflower Rd Dorleans, Marianne Isaac Saucedo]

[00:55:16]

DORLEANS. >> GOOD MORNING. HOW ARE YOU?

>> SIR, WERE YOU PREVIOUSLY SWORN IN? WOULD YOU PLEASE RAISE YOUR

RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. >> NOVINSON.

>> LEVINSON? >> N-O-V-E-N-S-O-N. >> AND IS THAT YOUR FIRST NAME

OR LAST NAME? >> MAXINE? >> DO YOU SWEAR OR UH -- AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. >> GOOD MORNING. >> GOOD MORNING.

>> THIS IS CASE NUMBER 20-1897, 1015 PAY FLOWER ROAD.

THE CASE WAS INITIATED BY MYSELF ON AUGUST 25TH, 2020.

THE OWNER IS MARY REANNE DORLEANS OF 1015 MAY FLOWER ROAD.

AND IT IS 24-19, 20-21 AND SUBSECTIONS NUMBER 1, 5 AND 11 FOR OUTSIDE STORAGE AND OUTSIDE STORAGE OF INDOOR FUSHT. FURNITURE.

THE CITY REQUEST THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS THE VIOLATOR BE GIVEN TIME TO COMPLY. THIS IS THE OWNER'S SON? AND I DO HAVE PICTURES HERE.

>> WE MOVE THE PHOTOS IN AS CITY'S 1 COMPOSITE. >> THEY WILL BE MOVED AS

SUCH. >> ANYTHING FURTHER? >> NOT FROM ME, NO.

>> HOW DO YOU RESPOND TO THE ALLEGATIONS ? >> I ALREADY SPOKE TO HIM ON WHAT NEEDS TO BE DONE. MY MOM WAS IN THE HOSPITAL, HOSPITALIZED SO I AM THE ONE TAKING CARE OF EVERYTHING. I DIDN'T REALLY HAVE THAT MUCH TIME.

YESTERDAY I DID REMOVE THEM, PRETTY MUCH EVERYTHING. THE ONLY THING IS THE PAN FROM

THERE. THAT'S PRETTY MUCH REMOVED. >> DOES THE PIANO WORK?

>> YES. I AM REMOVAL -- REMOVING IT TODAY.

I NEEDED HELP AND WITH MY MOM I DIDN'T HAVE MUCH TIME. IT IS JUST ME.

>> THERE IS NO ONE ELSE TO HELP YOU? >> NO.

JUST MYSELF. I WILL CALL SOMEBODY TO HELP ME TO REMOVE IT.

>> YOUR MOTHER IS STILL IN THE HOSPITAL? >> SHE IS STILL IN THE HOSPITAL, YES. IT WAS SINCE LAST MONTH. SHE HAS BEEN HOSPITALIZED.

>> MR. SAUCEDO, AUGUST 25TH. DID YOU TAKE PICTURES OF THE

CLEAN UP? >> I TOOK PICTURES TODAY. HE CAN'T GO TODAY AND SEVERING

-- HE CAN GO TODAY AND EVERYTHING WILL BE REMOVED. >> I HAVE YOUR ASSURANCE THAT

YOU WILL DO THAT? >> SURE, DEFINITELY. >> AND YOU SAID YOU REMOVED

MOST OF IT? >> YES. EVERYTHING BUT THE PIANO.

YOU CAN GO RIGHT NOW AND TAKE A PICTURE IF YOU WANT. >> NO, I TRUST YOU.

THIS WILL BE ADMITTED. THIS IS COMPOSITE 1. I WILL CONTINUE THIS UNTIL THE NEXT HEARING. GET IT DONE. IF YOU GET IT DONE, THERE WILL

BE NO NEED FOR YOU TO COME BACK. >> I AM DEFINITELY GOING TO REMOVE THE PIANO TODAY. THAT'S THE ONLY THING I NEED TO REMOVE TODAY.

THANK YOU. >> SPECIAL MAGISTRATE, JUST FOR OUR DATE, DO YOU KNOW IS

FRAN ON THE 16TH OR THE 6TH? >> 17TH I THINK.

>> OH IN JANUARY? >> I AM SAYING DECEMBER 16TH --

>> DECEMBER 16TH IS CLAUDETTE. >> SPECIAL MAGISTRATE, WE HAVE YOUR DATE THE NEXT MEETING IS JANUARY 6TH. OKAY.

SO WE WILL CONTINUE TO JANUARY 6TH. AND AGAIN IF IT IS COMPLIED

THERE IS NO HEARING. >> THANK YOU. >> AND IT IS COLD.

YOU NEED A JACKET. >> THANK YOU. >> NEXT CASE, MADAM CLERK.

[A. 15-0532 Lien Reduction 1211 N 19th Street Dampier, Arndrea S. Margaret Arraiz ]

[01:00:10]

>> OKAY, THE NEXT CASE WE HAVE ANYONE PRESENT IS A NAME REDUCTION.

IT IS CASE 15-0532, 1211 NORTH 19TH STREET. DAMPIER.

>> SPECIAL MAGISTRATE, I WILL BE PRESENTING THIS CASE THIS MORNING.

>> THANK YOU. >> THIS IS 15-0532 FOR 1211 NORTH 19TH STREET.

THE REQUESTING PARTY IS -- OH. CAN I HAVE SOME HELP ABOUT

THAT NAME? >> I AM ARNDREA-DAMPIER. >> IT IS PRESENTED FOR A LEAN -- LIEN REDUCTION. IT IS FOR THE ESTATE OF VACANT BUILDINGS 5-369.

JULY 15 THEY FOUND THE ESTATE OF MS. MCGRIFF IN VIOLATION AND GAVE HER 10 DAYS TO CORRECT THE VIOLATION OR A FINE OF $100 A DAY WILL BE ASSESSED.

THEY BEGAN IN JULY OF 2015 AND THE LIEN WAS REPORTED IN OCTOBER OF 2015.

ON OCTOBER 15TH, 2019 THE INSPECTION WAS MADE AND THE PROPERTY WAS IN COMPLIANCE AND THE FINES STOPPED. THE TOTAL AMOUNT OF THE FINES IS $155,140.

WE HAVE A NEW OWNER OF THE PROPERTY NOW AND THEY HAVE REQUESTED THAT THIS REDUCTION BE PROCESSED THROUG THE FAST TRACK PROGRAM WHICH ALLOWS THEM TO REDUCE THE EXISTING LIEN TO $3,000 AND STAFF IS AGREEABLE TO THAT. WE JUST NEED TO ESTABLISH A

TIME TO PAY. >> WELL, BOTH OF YOU HAVE BEEN SWORN?

>> YES, MA'AM. >> HOW DO YOU RESPOND? >> AS FAR AS WHEN I CAN GET IT

PAID? >> YOU AGREED WITH THE CITY TO PAY THE $3,000 TO MOVE TO THE

FAST TRACK PROGRAM, CORRECT? >> YES, MA'AM. >> HOW MUCH TIME DO YOU NEED

TO PAY? >> 30 DAYS. >> HOW MANY?

>> 30 DAYS. >> I'M SORRY. >> I BELIEVE IT IS 30.

>> AND YOU ARE? ARE YOU ANDREA DAMPIER? >> YES.

>> YOU ARE? >> ANTHONY MARTINEZ. >> BASED ON THE STIPULATION BETWEEN THE PARTIES, WE WILL REDUCE THE LIEN TO $3,000. YOU HAVE 30 DAYS TO PAY.

>> OKAY. THANK YOU. >> YOU NEED TO KNOW IF YOU DON'T PAY THE MONEY, THE LIEN WILL REVERT BACK TO THE ORIGINAL AMOUNT.

YOU HAVE 30 DAYS. THANK YOU. >> THANK YOU.

HAVE A GOOD ONE. >> THANK YOU. >> WE HAVE A TELEPHONE CONFERENCE. DO YOU WANT TO DO THAT ONE NEXT AND THEN DO THE OTHERS?

>> LET'S JUST DO THE OLD BUSINESS REAL QUICK SO ANYBODY -- WE CAN EXCUSE ANY OFFICERS

THAT ARE NOT NEEDED TO STAY. >> LET ME GO THROUGH THEM. >> THE ONLY ONES WE HAVE ARE THE OLD BUSINESS AND IT IS 10A, CASE 20-1971, ADAMS TRUCKING -- ADAMZ TRUCKING.

[A. 20-1971 PK 3000 Block of Oleander Avenue Adamz Trucking Heather Debevec]

>> GOOD MORNING MS. DEBEVC. WERE YOU ASSIGNED TO 20-1971? >> YES.

>> AND WAS THIS CASE INITIATED ON AUGUST 28TH, 2020? >> YES, MA'AM.

>> AND WHAT WAS THE NATURE OF THE VIOLATION YOU OBSERVED AND WHERE DID YOU OBSERVE THE

VIOLATION? >> IT WAS IN THE 3000 BLOCK OF OLEANDER AVENUE.

>> AND OF COURSE A TRUCK PARKED IN THE RIGHT OF WAY IS NOT LEGALLY PARKED, CORRECT?

>> CORRECT. >> DID YOU TAKE ANY PRAFS -- PHOTOGRAPHS?

>> SPECIAL MAGISTRATE, I WILL NOTE THERE IS NO RESPAWN -- RESPONDENT.

>> IT IS NOTED FOR THE RECORD. THANK YOU.

>> IS THERE ANYTHING YOU WANT TO SAY ABOUT THE PHOTOGRAPHS ASSUME -- ASSUMING THEY GET

ADMITTED? >> NO. >> OKAY.

ANYTHING FURTHER? >> NO, MA'AM. >> AND THERE IS NO ONE HERE

[01:05:02]

HOWEVER, I FIND A VIOLATION EXISTS. I WILL ASSESS A FEE IN THE AMOUNT OF $50 FOR PARKING IN A RIGHT OF WAY AND THEY WILL HAVE 30 DAYS TO PAY.

IF THEY DON'T PAY IN THAT TIME THEY ARE ADVISED THAT THAT TICKET CAN BE SENT OVER TO THE COUNTY CLERK'S OFFICE AND THEY CAN DO ADDITIONAL FEES AND COSTS.

>> WE HAVE ANOTHER PARKING CITATION, CASE 20-1849. SEUBERLING.

[B. 20-1849 PK South Causeway Park Seuberling, Nicholas James Isaac Saucedo]

>> GOOD MORNING. >> GOOD MORNING. >> SORRY TO INTERRUPT YOU.

WERE YOU ASSIGNED TO CASE 20-1849? >> I WAS.

>> AND WHAT DATE WAS THE CASE INITIATED? >> THE DATE WAS AUGUST 9TH

OF 2020. >> AND WHERE WAS THE VIOLATION OBSERVED AND WHAT WAS THE

NATURE OF THE VIOLATION? >> SOUTH CAUSEWAY PARK, PROHIBITED PARKING.

>> HOW WAS THE VEHICLE PARKED? >> IT WAS PARKED ON THE GRASSY AREA. IT LOOKED LIKE MAYBE AT ONE POINT IT PROBABLY CROSSED THE ROAD -- OR THE CURB I WANT TO SAY. IT CROSSED TO GET TO THE

LOCATION. IT WAS OFF THE GRASSY AREA. >> SO THE VEHICLE WAS PARKED

IN A PROHIBITED AREA THEN? >> THAT IS CORRECT. >> DID YOU TAKE PHOTOGRAPHS?

>> YES. >> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW? AT THIS TIME WE MOVE THE PHOTOGRAPHS IN AS CITY'S 1 COMPOSITE AND NOTE THAT THERE IS NO RESPONDENT PRESENT THIS MORNING.

THE RESPAWN DEBT -- THE RESPONDENT PREVIOUSLY FAILED TO APPEAR ON NOVEMBER 4TH

OF 2020. >> THESE WILL BE ADMITTED AS YOUR COMPOSITE 1.

>> IS THERE ANYTHING ELSE YOU WANT TO SAY ABOUT THE PHOTOS, MR. SAUCEDO?

>> NOT AT THE MOMENT. THANK YOU. >> OKAY.

THERE BEING NO ONE HERE FOR THE RESPONDENT, I WILL MAKE THE FOLLOWING FINDINGS.

THE RESPONDENT WAS PROPERLY NOTIFIED AND DID NOT APPEAR THIS MORNING AND DID NOT

APPEAR ON AUGUST 9TH. >> NOVEMBER 4TH. >> NOVEMBER 4TH.

WITH THAT IN MIND I FIND THE VIOLATION EXISTS AND HE IS RESPONSIBLE FOR THE VIOLATION. I WILL ORDER HE PAY $50 AND I WILL GIVE HIM 30 DAYS TO PAY.

IF NOT THE CITATION MAY BE FORWARDED TO THE COUNTY CLERK'S OFFICE FOR FURTHER PROCESSING AND HE MAY INCUR ADDITIONAL FEES AND COSTS. YOU'RE WELCOME.

>> WE HAVE A TELEPHONE CONFERENCE. IT IS GOING TO BE CASE CASE

[G. 20-0459 CE 130 Alma Court Orange Ave Land Co LLC Heather Debevec]

>> HELLO? >> GOOD MORNING. THIS IS PEGGY WITH THE CITY OF

FORT PIERCE CODE ENFORCEMENT. WHO AM I SPEAKING WITH? >> THIS IS LOU FEFFER.

>> YOU ARE ON SPEAKER PHONE AND IN THE CHAMBERS WITH SPECIAL MAGISTRATE ROSS

LISTENING AND WE ARE GETTING READY TO PRESENT YOUR CASE. >> THANK YOU.

>> WE WILL START WITH THE CLERK SWEARING YOU IN. >> YES, SIR.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> I DO. >> THANK YOU. >> AND MR. FEFFER, CODE OFFICER DEBEVEC WANTED TO -- WILL PRESENT THE CASE, BUT I WANTED TO CONFIRM THAT YOU

RECEIVED THE PHOTOS WE SENT YOU? >> I JUST RECEIVED THEM THIS

MORNING. YES. >> THIS IS CASE NUMBER 20-0459, 130ALMA COURT, ORANGE COMPANY -- ORANGE LAND COMPANY.

[01:10:01]

IT WAS REQUESTED THEY PAINT THE LOWER BAN NICE SISTER AND PRESSURE WASH THE LOWER SIDEWALK PORCH AREA. THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATORS BE GIVEN 30 DAYS TO COMPLY OR A FINE TO BE ASSESSED AND I

HAVE PHOTOS TO SUBMIT. >> THANK YOU. >> AND FOR THE RECORD THE

PHOTOS FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW? >> YES, MA'AM.

>> AND THAT IS CITY'S COME -- COMPOSITE? >> THEY WILL BE ADMITTED.

ANYTHING FURTHER? >> NOT AT THIS TIME. >> THIS IS FRAN ROSS, THE

SPECIAL MAGISTRATE. GOOD MORNING. >> GOOD MORNING, JUDGE.

>> DID YOU HAVE AN OPPORTUNITY TO LOOK AT THE PHOTOGRAPHS YOU RECEIVED THIS MORNING?

>> I DID RECEIVE THEM THIS MORNING AND QUITE FRANKLY, YOUR HONOR, I JUST RECEIVED ON NOVEMBER 30TH THE NOTICE TO APPEAR AND QUITE FRANKLY I AM NOT READY TO HAVE WITNESSES OR INTRODUCE ANY EVIDENCE IN THIS MATTER. I KNOW I DID APPEAR BEFORE THE COURT CONCERNING 130ALMA. I THOUGHT THE WHOLE ISSUE THIS MORNING WAS WITH REGARDS TO THE STORAGE OF TRASH AND RECYCLE BINS TO THE REAR OF THE HOME.

I REALLY DON'T QUITE FRANKLY KNOW WHAT THE VIOLATION IS. LET ALONE HAVE WITNESSES OR ENTER EXHIBITS. WITH THAT SAID, AGAIN, MY WHOLE GOAL AS I SAID IN JULY IS WE OWN A NUMBER OF PROPERTIES IN FORT PIERCE AREA.

A SIMPLE PHONE CALL AND IT WILL BE -- THE MATTER WILL BE RESOLVED.

IT WOULD BE RECTIFIED. I HAVE A MAINTENANCE -- A MAN UP IN FORT PIERCE, AND IF THERE IS AN ISSUE -- I HAVE WORKED WITH OTHER CODE OFFICERS BEFORE AND THEY WILL GIVE ME A PHONE CALL. HEY, YOU NEED TO RESOLVE THIS ISSUE.

IT IS RESOLVED. LISTEN, WE WANT TO BE GOOD CITIZENS OF FORT PIERCE AND WE WANT TO MAINTAIN OUR PROPERTIES. SIMPLY, WE WILL GET IT DONE.

I AM TELLING THE COURT THAT IT WILL BE RESOLVED. THERE IS AN ON GOING ISSUE WITH THE TRASHCANS. WE DID GET CERTAIN TENANTS OUT AND IT IS AN ON GOING PROBLEM. I DON'T KNOW HOW TO RECTIFY OTHER THAN TO EVICT TENANTS AND WE WERE NOT ABLE TO EVICT TENANTS BECAUSE OF THE PANDEMIC.

THIS ISSUE IS LIKE HAVING TEENAGERS TRYING TO GUIDE THEIR CONDUCT.

I DON'T KNOW WHAT THE SOLUTION IS. IF THEY CANNOT STORE THE GARBAGE CANS OR THEIR EQUIPMENT. WE TOLD THE TENANTS ON MULTIPLE OCCASIONS THAT THEY TAKE THE TABLES AND THE CHAIRS AND THEY SIT OUT THERE AT NIGHT. WE TOLD THEM THAT ALL THAT FURNITURE, THE TOYS, THE BIKES NEED TO BE STORED. WE HAVE A UNIT ON THE SIDE OF THE BUILDING A STORAGE

FACILITY. >> SIR? >> YES.

>> I'M SORRY TO INTERRUPT YOU, BUT THAT IS NOT THE NATURE OF THE COMPLAINT THIS MORNING.

>> WHAT IS THE NATURE OF THE COMPLAINT? >> SIR, I'M GONNA EXPLAIN IT TO YOU. WHY THIS MATTER IS BEFORE OUTS -- BEFORE US THIS MORNING IS BECAUSE THE CORRECTIVE ACTION YOU NEED IS TO PAINT THE LOWER BAN NICE SISTER -- BANISTER WHERE IT IS PEALING. L IS -- THERE IS A PRAF OF THAT AND -- THERE IS A PHOTOGRAPH AND TO PRESSURE WASH THE LOWER SIDEWALK PORCH AREA.

THIS IS NOT SOMETHING THAT -- I DON'T KNOW IF YOUR TENANT WOULD DO, BUT --

>> NO. WE ARE RESPONSIBLE FOR THAT, YOUR HONOR.

>> I WANT YOU TO UNDERSTAND WHY YOU ARE HERE. YOU SHOULD HAVE A PHOTOGRAPH OF THE LOWER SIDEWALK/PORCH AREA THAT JUST NEEDS TO BE PRESSURE WASHED.

AND THE BANISTER JUST NEEDS PAINTING WHERE IT IS PEALING. THAT'S CLEARLY VISIBLE FROM

THE PHOTOGRAPHS THAT I HAVE. >> YOUR HONOR, IF YOU GIVE ME SEVEN DAYS I WILL GET THAT

DONE. >> OKAY. ALL RIGHT.

ANYTHING FURTHER? >> WE REQUESTED 30 DAYS. >> THAT'S FROM THE CITY'S

[01:15:05]

DAYS TO GET IT DONE. >> I WILL GET IT DONE IN SEVEN DAYS, YOUR HONOR.

>> ANYTHING FURTHER? >> NO, MA'AM. >> I JUST WANT TO MAKE SURE JUST SO WE ARE CLEAR PAINTING THE STAIRS AND THE BAN NICE SISTER.

>> PAINT THE LOWER BANISTER WHERE IT IS PEALING AND PRESSURE WASH THE LOWER SIDEWALK/PORCH AREA. YOU CAN SEE BOTH OF THOSE FROM THE PHOTOGRAPHS.

>> YES, YOUR HONOR. >> ANYTHING FURTHER? >> NO, MA'AM.

>> THEN BASED ON YOUR TESTIMONY AND THE EVIDENCE PRESENTED I FIND THE VIOLATION EXISTS AT 130ALMA COURT. AND THAT ORANGE AVENUE LAND COMPANY, LLC IS RESPONSIBLE FOR THE VIOLATION. THEY ARE REPRESENTED HERE BY LUIS PEFFER.

WE WILL GIVE YOU I WILL SAY 20 DAYS TO COMPLY. I KNOW YOU SAID YOU CAN DO IT IN SEVEN, BUT I WILL GIVE YOU 20 IN LIGHT OF COVID AND THE HOLIDAYS.

ALL RIGHT? >> THANK YOU, YOUR HONOR. >> YOU'RE WELCOME.

YOU HAVE 30 DAYS TO APPEAL MY DECISION. >> SPECIAL MAGISTRATE, IF THEY

FAIL TO COMPLY? >> IF THEY FAIL TO COMPLY, YOU WILL BE ASSIGNED -- ASSESSED A FINE OF $50 PER DAY. I AM TRUSTING YOU TO GET THIS DONE.

>> YES, YOUR HONOR. >> THANK YOU. >> THANKS, YOUR HONOR.

I APPRECIATE IT. >> COULD I JUST -- COULD I JUST ASK ONE SIMPLE REQUEST IF

MS. DEBEVEC IS THERE? >> YES, SHE IS PRESENT. >> MY NUMBER IS 561-512-0900.

ALL YOU NEED TO DO IS GIVE ME A CALL AND IT WILL BE RECTIFIED.

>> I WILL ENTER YOUR NUMBER INTO THE CASE FILE, SIR. >> I BELIEVE WE HAVE YOUR E-MAIL NOW TOO SO WE CAN INCLUDE THE E-MAILS AS COMMUNICATION AS WELL WITH

THAT. >> THANK YOU. >> THANK YOU.

>> THANK YOU, YOUR HONOR. >> YOU'RE WELCOME. BYE-BYE.

>> IS THAT IT? >> I BELIEVE SO EXCEPT FOR CAUSEWAY PARK.

>> HOW WOULD THEY KNOW? >> CASES REQUIRING A HEARING PER STATE STATUTE OUT 16212 A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE. IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT MAILED IN WITH A NOTICE OF HEARING ENCLOSED IS SENT TO THE VIOLATOR OR FEDERAL U.S. MAIL. 10 DAYS BEFORE THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.

A NOTICE OF HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.

IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE OUT, MAILING OF THE NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR.

IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.

>> THANK YOU. THERE BEING NOTHING FURTHER WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.