Oct 20, 2020 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:07]

SAN FRANCISCO GOOD MORNING. I AM FRAN ROSS AND THE SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THE HEARING. YOU MAY HAVE GOTTEN A TRAFFIC CITATION OR A CITATION REGARDING PROPERTY. HOWEVER, WE WILL GET TO YOUR CASES SHORTLY AMOUNT OF FEW THINGS TO BEGIN WITH. NUMBER ONE DOES ANYBODY HERE NEED AN TURN TER.

NUMBER TWO, WE ARE TELEVISED. WHEN YOU COME TO THE PODIUM, YOU ARE BEING TELEVISED ON THE FORT PIERCE TELEVISION STATION. THAT BEING SAID, IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDERGOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. MADAM CLERK, WE CAN SWEAR IN

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

THE OFFICERS. >> IF I CAN HAVE EVERYBODY STAND AND RAISE YOUR RIGHT HANDS. YOU WILL JUST SAY YOUR NAMES FOR THE RECORD AND WHEN YOU

ARE CALLED TO THE PODIUM YOU HILLARY STATE YOUR NAME. >> WE WILL DO THE NAMES WHEN

THEY COME UP. >> WE ARE SWEARING IN NOW. DO YOU SWEAR OR AFFIRM THAT

THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH? >> YES.

>> FRAN ROSS: WHEN YOU'RE READY, CALL THE FIRST CASE. >> THE FIRST CASE IS 5D.

[D. 20-664 1210 N 17th St Unlimited US Services Corp Cris Bossano]

U.S. SERVICES CORP IS THE OWNER. >> FRAN ROSS: GOOD MORNING.

>> THIS CASE WAS RECALLED FROM LAST MONTH. >> FRAN ROSS: OKAY.

>> SPECIAL MAGISTRATE, AS WAS PREVIOUSLY INDICATED IT WAS A RECALL FROM LAST MONTH.

BASICALLY YOU GRANTED A 30-DAY CONTINUE WEDNESDAY FOR THE RE-- CONTINUANCE FOR THE RESPONDENT TO GET A RESIDENTIAL REPAIR OR AN INTERIOR DEMO PERMIT AND HE WAS TO WORK WITH STAFF TO DETERMINE WHICH OF THOSE WAS BETTER FOR HIM.

THE CASE WAS PREVIOUSLY PRESENTED BY STAFF AND YOU SHOULD HAVE PHOTOS IN

EVIDENCE. >> FRAN ROSS: THANK YOU. CRIS, WHEN YOU'RE READY.

>> THE CASE NUMBER IS -- >> YOU WILL JUST NEED TO STATE YOUR NAME FOR THE RECORD AND STATE THAT YOU HAVE PREVIOUSLY BEEN SWORN IN. AND YOUR POSITION.

>> MY NAME IS CHRISTOPHER AND WE ARE CASE NUMBER 20-664. THE ADDRESS IS 2010 NORTH 17TH STREET. THE CASE WAS IN MARCH 2020. THE OWNERS AND THE ADDRESS IS 3158 SOUTHWEST FLORIDA 34953. THE VIOLATION WAS 5.1105.1 AND PERMIT REQUIRED.

THE CORRECTED ACTION TAKEN FOR MECHANICAL AND ELECTRICAL DONE WITHOUT A PERMIT.

THE RECOMMENDATION AT THAT TIME WAS A REQUEST A SPECIAL MAGISTRATE EXCEEDS -- GIVE 60-DAYS TO HAVE APPROVAL FOR THE REQUIRED INSPECTION AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. THE PERMIT CONDITION [INAUDIBLE] AND NO REQUIRE

PERMIT OR FINED 250 PER DAY. >> FRAN ROSS: ANYTHING FURTHER?

>> NO. >> FRAN ROSS: THANK YOU. I DO BELIEVE AND YOU BROUGHT IT UP, COUNSEL, THAT THIS IS A CONTINUATION OF A PREVIOUS HEARING AND WE HAVE PHOTOGRAPHS ALREADY ADMITTED FROM THE LAST HEARING. GOOD MORNING,ING MR.

[00:05:04]

ESPINOZA. TELL ME WHERE YOU ARE. >> GOOD MORNING.

WE FILED EVERYTHING WE HAVE BEEN WORKING WITH. I BELIEVE IT IS CYNTHIA RICKOR. AS WE STATED LAST TIME, WE HAVE A PERMIT FOR THE ELECTRIC GUY WHO IS OUT THERE. WE WENT WITH THE RESIDENTIAL PERMIT FOR THE DEMOLITION, THE FRAMING THE DRYWALL AND WE ALSO HAVE THE SUBCONTRACTOR, FITZPATRICK PLUMBING, FOR THE PLUMBING. EVERYTHING HAS BEEN SUBMITTED AND APPROVED.

WE PAID THE $75 I THINK IS A REVIEW FEE OR SOMETHING LIKE THAT THIS MORNING.

WE ARE JUST WAITING TO GET THE PERMIT AT THIS POINT. >> FRAN ROSS: ANYTHING

FURTHER? >> NO, MA'AM. >> SPECIAL MAGISTRATE, DEPARTMENT COORDINATOR AND PREVIOUSLY SWORN IN. THE THOROUGH RECORDS CHECK WAS DONE AND AT THE TIME NOTHING WAS SUBMITTED. MR. ESPINOZA SUBMITTED SOMETHING THIS MORNING AND STAFF HAS NOT HAD A CHANCE TO REVIEW THAT.

AS HE INDICATED THE PLAN REVIEW FEE WHICH IS DUE AT THE TIME OF SUBMITTAL MAY HAVE BEEN PAID. HOWEVER, THE PERMIT HAS NOT BEEN ISSUED AND THE PERMIT HAS

NOT BEEN REVIEWED AT THIS POINT. >> FRAN ROSS: OKAY.

SO YOU PAID THAT THIS MORNING? >> YES, MA'AM.

WELL, SHE JUST GOT BACK TO ME YESTERDAY. SHE NEEDED A BUNCH OF INFORMATION WHICH WE COLLECTED , BUT YOU HAVE TO WAIT ON CONTRACTORS AND AS MUCH AS I WOULD LIKE TO BEAT THEM DOWN AND SAY, HEY, I NEED THIS YESTERDAY, IT DOESN'T ALWAYS WORK. THEY DO IT ON THEIR TIMELINE. I FINALLY GOT THE NECESSARY INFORMATION, THE SCOPE OF WORK FROM THE PLUMBER TO ADD ON RATHER THAN KEEP SETTING IT PIECEMEAL, PIECEMEAL, WE SENT HER ONE BIG PACKAGE. I HAVE HERE EVERYTHING WE SENT HER WHICH IS EVERYTHING THAT SHE NEEDED. AND THEN SHE SENT AN E-MAIL TO CHINESE DRYWALL, THE ACTUAL GENERAL CONTRACTOR WHO IS GOING TO BE GETTING THE PERMIT, THAT THEY NEEDED A $70 -- $75 FEE FOR THE PERMIT AND THAT WAS PAID THIS MORNING.

I AM JUST WAITING FOR THE NEXT STEP. IT IS NOT LIKE WE HAVEN'T BEEN DONE -- I HAVE BEEN USING EVERY DAY OF THE 30 DAYS YOU GRANTED ME TO GET SOMETHING

DONE, MA'AM. >> FRAN ROSS: AND HOW FAR AWAY FROM YOU GUYS REVIEWING THAT

AND DETERMINING WHETHER OR NOT TO ISSUE THE PERMIT? >> A PLAN REVIEW OF THAT MAGNITUDE TYPICALLY TAKES ABOUT A WEEK. ASSUMING EVERYTHING HAS BEEN SUBMITTED AS REQUIRED FOR REVIEW THE PERMIT SHOULD BE ISSUED NO LATER THAN TWO

WEEKS. >> FRAN ROSS: OKAY. THEN HERE IS WHAT I DO, MR. ESPINOZA. YOU HAVE BEEN PRETTY CANDID WITH ME.

I APPRECIATE THAT. I CONTINUE THIS UNTIL THE NEXT DOCKET.

HOPEFULLY YOU WILL GET A RESPONSE FROM THE CITY IN THAT TIME AND CONTINUE TO DO WHAT

YOU ARE DOING. >> I APPRECIATE THAT, MA'AM. HAVE A GREAT DAY.

SPHRAN SPHRAP THANK YOU. . >> FRAN ROSS: THANK YOU.

[G. 20-820 1310 Wyoming Avenue O'Connor, Douglas Frank Remling]

THE NEXT CASE MADAM CLERK. >> IT IS 20-820. ADDRESS IS 1310 WYOMING AVENUE

, DOUGLAS O'CONNOR IS THE OWNER. >> MY NAME IS FRANK REMLING AND I AM A BUILDING INSPECTOR FOR THE CITY OF FORT PIERCE. THIS CASE NUMBER IS 20-820, 1310 WYOMING AVENUE. THE CASE WAS MARCH 23RD, 2020.

THE OWNER IS DOUGLAS O'CONNOR, 1310 WYOMING AVENUE, FORT PIERCE, FLORIDA 34982.

PERMIT REQUIRED VIOLATION SECTION 5-1105.1. THE CORRECTIVE ACTIONS IS TO OBTAIN A PERMIT FOR SIDING -- EXCUSE ME. FLOORS AND A DECK.

>> SPECIAL MAGISTRATE, IF I MAY INTERRUPT BRIEFLY. THIS MATTER IS ALSO A RECALL FROM A PRIOR HEARING DATE. EVIDENCE WAS PRESENTED. PHOTOS WERE ADMITTED.

I WASP -- WATCHED THE VIDEO OF THE PREVIOUS HEARING, AND AT THAT TIME YOU DISMISSED VIOLATIONS RELATED TO THE SIDING, WINDOWS AND DOORS. THE ONLY ISSUE LEFT WAS SOME

DECKING. SPHRAN SPHRAN -- SPHRAN -- >> RIGHT.

>> THEY ASK TO UPDATE YOU. >> SPECIAL MAGISTRATE, THEY DID APPLY FOR A PERMIT FOR THE

[00:10:08]

FOR THE PERMIT. >> FRAN ROSS: STATE YOUR NAME.

>> MY NAME IS DOUGLAS O'CONNOR. >> FRAN ROSS: AND YOU WERE

PREVIOUSLY SWORN? >> YES. >> FRAN ROSS: LET ME HEAR YOUR

RESPONSE. >> WELL, WHEN I LEFT HERE LAST TIME, IN MY MIND MY GOAL -- MY INSTRUCTIONS WERE TO EITHER GET A PER -- PERMIT FOR THE PLATFORM, THE FRONT ENTRANCE, THE DECK IF YOU WANT TO CALL IT, OR TAKE IT DOWN. I EVEN EXPLAINED I CAN'T AFFORD THE PRICE TO GET IT SIGNED OFF BY AN ENGINEER OR ARCHITECT SO I'M GOING TO TAKE

IT DOWN, AND THAT'S WHAT I DID. >> FRAN ROSS: YOU HAVE TAKEN

IT DOWN? >> YEAH. IT IS NOT THERE ANYMORE.

>> FRAN ROSS: WHEN DID YOU TAKE IT DOWN? >> A FEW WEEKS AGO.

A COUPLE WEEKS AGO. IT IS NOT THERE. FRAP FRAN --

>> FRAN ROSS: DID YOU NOTIFY MR. RI -- REMLING? >> NO.

I SHOULD HAVE TAKEN A PICTURE. FRANK HAD A BUNCH OF PICTURES, BUT IT IS NOT THERE, BUT IT LOOKS LIKE I SHOULD HAVE TAKEN A PICTURE.

>> FRAN ROSS: THAT WOULD HAVE HELPED ME QUITE A BIT IF YOU HAD.

THAT'S OKAY. IF YOU DON'T HAVE IT. IF YOU DON'T HAVE IT, YOU

DON'T HAVE IT. >> I DIDN'T BRING MY GLASSES EITHER.

IT IS NOT THERE. I FEEL GOOD I DID WHAT I HAD TO.

I MESSED UP. DON'T KNOW WHAT TO DO NOW. >> SPECIAL MAGISTRATE SINCE THE DEFENDANT DIDN'T NOTIFY STAFF THAT IT WAS CURED, THE STAFF WOULD MOVE TO PULL IT FROM THE AGENDA AND RESCHEDULE TO THE NEXT HEARING TO ALLOW AN OPPORTUNITY TO REINSPECT

THE PROPERTY. >> FRAN ROSS: THANK YOU. I DO REMEMBER THE LAST HEARING. YOU WERE GOING TO TAKE DOWN THE DECK AS WHAT WAS CALLED BY

THE CITY, RIGHT? >> YES, MA'AM. >> FRAN ROSS: I'LL PULL IT --

>> IF I MAY INTERRUPT. I'M SORRY. TO MY KNOWLEDGE I WASN'T INSTRUCK -- INSTRUCTED. THAT WAS ONE OF MY OBLIGATIONS --

>> FRAN ROSS: I AM GOING TO STOP YOU BECAUSE IT HAS BEEN PULLED.

I AM GOING TO STOP YOU BECAUSE I STOP YOU THAT WILL BE DAMAGING TO YOURSELF SO LET'S QUIT WHILE YOU'RE AHEAD. WE'LL PULL IT, BUT LET THEM KNOW -- LET ME FINISH.

IF MR. REMLING COMES BACK IN HERE AGAIN IT MAY BE A DIFFERENT RESULT.

STAY IN TOUCH WITH HIM. THANKS. GOOD LUCK.

>> MY INSTRUCTION NOW IS TO DO WHAT EXACTLY? >> FRAN ROSS: CONTACT THE CITY AND LET THEM KNOW YOU REMOVED THE DECK AND THEY WILL COME OUT AND INSPECT.

IF YOU HAVE DONE THAT, THEN YOU WON'T HAVE TO COME BACK HERE?

>> RIGHT NOW? >> FRAN ROSS: NO BECAUSE YOU ARE MESSING WITH MY PROCEEDINGS. LET ME RUN THE SHOW. YOU GET WITH HIM AND YOU CAN

DECIDE WHEN YOU WILL SHOW HIM THE PICTURES, OKAY? >> OKAY.

>> FRAN ROSS: OR FOR MR. REMLING TO GO OUT AND DO WHAT YOU DO.

THANK YOU. >> YOU CAN CALL ME. THAT'S MY CARD.

OKAY? >> FRAN ROSS: NEXT CASE, MADAM, CLERK.

[J. 20-847 1350 Juanita Ave Lot 20 Andersen, Robert Frank Remling]

>> IT IS 5J, 20-847, 1350 JUANITA AVENUE LOT 20 AND ROBERT ANDERSON IS THE OWNER.

>> GOOD MORNING. >> FRAN ROSS: GOOD MORNING. >> MY NAME IS RONALD

ANDERSON. >> FRAN ROSS: LET MR. WR -- REMLING PRESENT AND THEM YOU

CAN RESPOND. >> I AM FRANK REMLING, BUILDING INSPECTOR AND HAVE BEEN PREVIOUSLY SWORN IN. IT IS 20-847, 1350 JUANITA AVENUE, LOT 20 AND THIS CASE INITIALIZED MARCH 25TH, 2020. THE OWNER IS ROBERT T ANDERSON. 31 SOUTHEAST SECOND ROAD, FLORIDA, 30030.

THE VIOLATION IS PERMIT REQUIRED 5-1, 105.1. THE CORRECTIVE ACTION IS TO OBTAIN A PERMIT FOR THE INSTALLATION OF A FENCE AND THE ADDITION OF A FLORIDA ROOM

INCLUDING DOORS, WINDOWS AND ROOF. >> FRAN ROSS: SIR, HOW DOWRY

[00:15:06]

SPAWNED? >> THIS TENANT DID THESE THINGS WITHOUT APPROVAL AND HE DIDN'T GET THE RIGHT PERMITS. WE ASKED HIM -- WE SAID HE CAN DO. IT BUT HE HAD TO GO TO THE CITY TO GET A PERMIT AND HE DID NOT. HE TURNED THE PATIO TO A FLORIDA ROOM WITH A FENCE. WE ASKED HIM TO TAKE IT DOWN. HE TOOK THE FENCE DOWN, BUT HE STILL HAS THE FLORIDA ROOM UP WITH THE ADDITIONAL WINDOWS AND DOORS.

IF YOU CAN GIVE US SOME TIME I WOULD LIKE TO GET WITH HIM TO SAY GET THE PROPER PERMITS.

IF NOT WE WILL JUST GET A DEMO PERMIT AND TAKE IT DOWN. BECAUSE THE TRAILER IS REALLY NOT WORTH A LOT OF MONEY SO HE HAS THOSE OPTIONS. IF YOU CAN JUST GIVE US MAYBE A COUPLE MONTHS TO ASK HIM TO PULL THE RIGHT PERMITS AND IF NOT WE WILL JUST DEMO THE TRAILER. WE WANT TO PUT AN RV IN THERE ANYWAY.

>> FRAN ROSS: HERE IS THE PROBLEM I. IT IS NOT THE TENANT'S RESPONSIBILITY BECAUSE HE IS NOT THE LANDOWNER. IT IS YOUR RESPONSIBILITY.

>> WHEN YOU SAY RESPONSIBILITY, ARE YOU SAYING THE OWNER OF THE TRAILER OR

THE OWNER OF THE PROPERTY? >> FRAN ROSS: THE OWNER OF THE PROPERTY THAT THE TRAILER SITS ON AND ANYTHING ATTACHED THERE TO IS YOUR RESPONSIBILITY. SO WE DIDN'T TELL THE TENANT TO COME HERE BECAUSE HE DOESN'T OWN THE PROPERTY. THERE IS NOTHING I CAN DO WITH HIM. THAT'S YOUR RESPONSIBILITY. SO TO SAY THAT THIS IS WHAT THE TENANT IS NOT DOING, AND I UNDERSTAND YOU HAVE A HOMESTEAD ADDRESS, BUT YOU OWN

THE PROPERTY HERE, AND YOU ARE RESPONSIBLE FOR IT. >> CORRECT.

THAT'S CORRECT. >> FRAN ROSS: I HAVE NO AUTHORITY OVER YOUR TENANT.

>> OKAY. >> FRAN ROSS: ANYTHING FURTHER?

>> NO, MA'AM. >> FRAN ROSS: ALL RIGHT. THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 1350 JUANITA AVENUE LOT 20 AND ROBERT ANDERSON IS RESPONSIBLE FOR THE VIOLATION. I GIVE YOU 60-DAYS.

>> THANK YOU. >> FRAN ROSS: FOR THE RECOMMENDATION OF THE CITY.

THANK THEM. IT IS TO OBTAIN A PERMIT AND OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS UNTIL THE PERMIT IS CLOSED. YOU CAN CURE THE VIOLATIONS IN THE ORDER OR FINED $100 A DAY IS ASSESSED. ONCE YOU PULL THE PERMIT, OKAY, YOU HAVE 180 DAYS TO COME INTO COMPLIANCE. I SUGGEST YOU STAY IN TOUCH WITH MR. REMLING OR SOMEBODY FROM THE CITY'S BUILDING DEPARTMENT SO THAT THESE FINES

DO NOT ACCRUE. ALL RIGHT? >> THANK YOU.

>> FRAN ROSS: GOOD LUCK. >> LET ME SUMMARIZE WHAT YOU ARE SAYING HERE.

YOU ARE GIVING US TWO MONTHS TO PULL THE CORRECT PERMIT. AND WE HAVE 180 DAYS TO ADHERE TO THOSE PERMITS TO MAKE SURE THE STRUCTURE ADHERES TO THOSE PERMITS.

IS THAT CORRECT? >> FRAN ROSS: YES. AND STAY IN TOUCH WITH

MR. REMLING. >> WHO? >> FRAN ROSS: MR. REMLING

RIGHT HERE. >> HOW DO I DO THAT? >> FRAN ROSS: GET A CARD.

>> OKAY. THANK YOU. >> FRAN ROSS: THANK YOU FOR

COMING. >> NEXT CASE IS 5K. CASE NUMBER 20-886.

[K. 20-886 2609 S US Hwy 1 Ehden NV c/o Fraga Properties Ed Smith]

>> FRAN ROSS: GOOD MORNING, MR. SMITH. >> GOOD MORNING.

THE NAME SAID WARD SMITH -- THE NAME IS EDWARD SMITH. BUILDING INSPECTOR.

WAS PREVIOUSLY SWORN IN. THIS IS FOR CASE 20-886. IT IS 20-886.

THE ADDRESS IS 2609 U.S. -- SOUTH U.S. HIGHWAY 1. THE OWNER IS EHDEN, NV, C/C4-0 , FRAGA PROPERTIES. THE CASE INITIATED APRIL 20TH.

AND THE -- APRIL 1ST 2020. BASICALLY THIS PARTICULAR CASE I SAW THAT A CRANE HAD LIFTED UP THE AC ON TO THE ROOF. WHEN I WENT BY, I DROVE BACK BY TO SEE IF THE -- TO SEE IF WORK WAS BEING DONE AND YES I SAW WORK WAS BEING DONE.

[00:20:01]

A FINE OF $100 PER DAY BE ASSESSED. >> MR. SMITH DID YOU HAVE

PHOTOS TO ADMIT? >> I CAN GIVE YOU SOME PHOTOS, YES.

>> YOU TOOK THE PHOTOS? >> YES. >> DO THEY FAIRLY AND

ACCURATELY DEPICT WHAT YOU SAW? >> YES.

>> SO SPECIAL MAGISTRATE THE PHOTOS ARE UP ON THE SCREEN. I WOULD ASK IF MR. SMITH COULD SHOW THE PAPER COPY TO THE RE -- TO THE RESPONDENT. SIR, YOU CAN -- ONCE YOU HAVE HAD A CHANCE TO TAKE A LOOK AT THEM, CAN YOU HAND THEM BACK TO MR. SMITH PLEASE? THANK YOU. AT THIS TIME WE MOVE THEM AS CITY'S COMPOSITE 1.

>> FRAN ROSS: IT WILL BE ADMITTED AS CITY'S COMPOSITE 1.

>> PHOTOS, PLEASE? IS THERE ANYTHING YOU WANT TO SAY ABOUT THE PICTURES?

>> YEAH. YOU CAN SEE THAT THEY HAD -- AT THIS POINT WHEN I WAS THERE, THEY WAS ACTUALLY READY TO MOUNT THE NEW ONE ON. THEY HAD THIS CONNECTED TO THE ELECTRIC. THAT'S WITH THE ELECTRICAL ON THE A.

AND THEN B IS THE NEW AC UNIT LEANING UP AGAINST THE ROOF RIGHT THERE.

THAT'S THE STOP WORK ORDER ON C THAT I PLACED IN THE WINDOW. THAT'S THE NEW CAP THAT THEY

PUT ON THAT THE NEW AC IS GOING TO BE MOUNTED ON. >> THANK YOU.

>> FRAN ROSS: ANYTHING FURTHER? SIR, YOU HAVE BEEN SWORN?

>> YES, MA'AM. >> FRAN ROSS: STATE YOUR NAME.

>> LARRY HALL SPHRAN SPHRAN -- >> FRAN ROSS: AND HOW DOWRY

SPAWNED? >> EVERYTHING HE SAID IS ACCURATE.

WE HAD TO CHANGE MANAGEMENT. WE APOLOGIZE TO THE COURT. THE PERMIT WAS SENT YESTERDAY. THE APPLICATION WAS SENT YESTERDAY.

AS SOON AS IT IS RECEIVED WE WILL OBTAIN THE INSPECTIONS WE ARE REQUIRED TO OBTAIN.

>> SPECIAL MAGISTRATE, IF I MAY? MR. HALL, WHAT IS YOUR

RELATION TO THE CORPORATION? >> I AM THE OPERATIONS MANAGER FOR HIVAK.

HIVK INCORPORATED. >> IS THAT A NEW REGISTERED AGENT FOR THE PROPERTY OWNER?

>> WE ARE THE MECHANICAL CONTRACTOR THAT PERFORMED THE WORK.

>> FRAN ROSS: HAVE YOU INSTALLED THIS TYPE OF AN AC UNIT BEFORE?

>> YES. WE HAVE BEEN IN BUSINESS FOR 30 YEARS.

WE ACTUALLY HAD A CHANGE IN MANAGEMENT THAT CAUSED THIS ERROR.

IT IS NO EXCUSE, BUT IT CAUSED THE ERROR, AND IT WILL BE REMEDIED QUICKLY.

>> FRAN ROSS: SOMEWHERE SOMEBODY SHOULD HAVE KNOWN IF THIS IS WHAT YOU DO, PULL A

PERMIT. >> YES, MA'AM. >> FRAN ROSS: ANYTHING FURTHER? BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED, I FIND A VIOLATION DOES EXIST AND THAT EHDEN, NV, CARE OF FRAGA PROPERTIES IS IN VIOLATION.

I GIVE YOU 60-DAYS TO OBTAIN A PERMIT. YOU SAID YOU SUBMITTED IT.

ONCE YOU GET THE PERMIT ISSUED YOU HAVE 180 DAYS TO COMPLY. IF YOU DON'T COMPLY IN THAT PERIOD OF TIME AND ALL OF THE OTHER PERMIT CONDITIONS THEN $100 PER DAY WILL WILL BE

ASSESSED. >> THANK YOU. >> FRAN ROSS: THANK YOU.

GOOD LUCK. >> WE ARE GOING TO GO BACK TO 5C.

[C. 20-585 201 Dixieland Dr Nunez, Lourdes Ed Smith]

LOURDES 19 -- NUNEZ IS THE OWNER. >> SPECIAL MAGISTRATE THIS IS ANOTHER CASE THAT WAS PREVIOUSLY HEARD AND AT THAT TIME YOU ACCEPTED TESTIMONY.

[00:25:06]

WAS ALMOST COMPLETE. >> FRAN ROSS: OKAY. MR. SMITH?

>> EDWARD SMITH, BUILDING INSPECTOR PREVIOUSLY SWORN IN.

THIS IS A CASE NUMBER 20-585, 201 DIXIE LAND DRIVE, LOURDES NUNEZ IS THE OWNER.

THE VIOLATION IS 5-105.1 PERMIT REQUIRED. AND THE IPMC30.132.

CORRECTIVE ACTION IS TO OBTAIN ELECTRICAL PERMIT FOR WIRING OF WASHER AND DRYER AND INSTALLATION OF PANEL. AND TWO, OBTAIN A PERMIT FOR A NEW AC AND THREE, REPAIR AND REPLACE WINDOWS THAT ARE NOT OPENABLE. RECOMMENDATION FROM THE CITY IS THAT THE CITY -- THE CITY RECOMMENDS THAT THE SPECIAL IMAGINE -- MAGISTRATE FINDS THAT IT EXISTS AND THE VIOLATOR WILL BE GIVEN 60-DAYS TO OBTAIN A PERMIT AND OBTAIN AN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 WILL BE

ASSESSED PER DAY. SPHRAN. >> FRAN ROSS: THANK YOU.

WILL YOU STATE YOUR NAME PLEASE. >> LOURDES NUNEZ.

>> FRAN ROSS: YOU HAVE BEEN SWORN? >> NO.

>> RAISE YOUR RIGHT HAPPENED AND SAY NOR NAME. >> LOURDES NUNEZ.

>> DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE ARE THE TRUTH 1234*.

>> YES. >> FRAN ROSS: HOW DO YOU RESPOND TO THE VIOLATIONS ?

>> THE VIOLATIONS EXIST, AND I DON'T HAVE A PERMIT. BUT I HAVE A TENANT WITH A NEWBORN BABY AND SHE WON'T LET ANYBODY IN TO CORRECT IT. SHE HAD A NEWBORN AND AFRAID OF THE CORONAVIRUS. SHE WON'T LET ANYBODY IN THE UNIT.

>> FRAN ROSS: YOU ARE RESPONSIBLE FOR THE PROPERTY. >> ABSOLUTELY.

>> FRAN ROSS: I'M AFRAID OF THE CORONAVIRUS TOO. IF YOU GOT ANY SENSE, ALL OF US WOULD BE. BUT YOU'VE GOT A PROBLEM WITH YOUR PLACE.

>> I DO. >> FRAN ROSS: THE WIRING FOR THE WASHER AND DRYER.

YOU NEED A NEW ELECTRICAL PANEL, ACCORDING TO MR. SMITH. THE AC UNIT WAS INSTALLED WITHOUT A PERMIT AND YOU HAVE WINDOWS THAT WON'T OPEN. YOU SAY THE WOMAN JUST HAD A BABY. WHAT IF A FIRE HAPPENS IN THAT PLACE AND THEY CAN'T GET OUT?

THEN YOU WILL BE IN REALLY BIG TROUBLE. >> I UNDERSTAND.

WOULD YOU LIKE ME TO CALL -- THE POLICE HAVE BEEN CALLED BEFOND THEY SPECIFICALLY TOLD ME I CANNOT GO TO THE UNIT WITHOUT MY TENANT'S PERMISSION.

THAT I WOULD BE ARRESTED IF I ENTERED THE UNIT WITHOUT THEIR PERMISSION.

>> FRAN ROSS: I AM NOT ALLOWED TO GIVE LEGAL ADVICE FROM WHERE I SIT HERE, BUT THERE IS

A REMEDY FOR THAT. ANYTHING FURTHER? >> NO.

>> FRAN ROSS: ANYTHING FURTHER? >> DO I EVICT HER?

WHAT DO I DO? >> FRAN ROSS: I AM NOT ALLOWED TO GIVE LEGAL ADVICE.

I JUST PRESIDE OVER THESE HEARINGS. THAT'S ALL I DO HERE.

ANYTHING FURTHER? I FIND THAT A VIOLATION EXISTS AND THAT LOURDES NUNEZ IS RESPONSIBLE FOR THE VIOLATION. DID YOU PULL THE PERMITS?

>> YEAH. THE PERMIT IS PULLED FROM THE LAST TIME I WAS HERE.

IT WAS GRANTED. SHE WON'T LET ME IN THE UNIT. >> SPECIAL MAGISTRATE?

>> FRAN ROSS: YES. >> THERE HAVE BEEN SEVERAL PERMITS ISSUED FOR UNIT 203.

I DON'T BELIEVE THERE HAS BEEN PERMITS FOR 201. ONCE YOU MAKE CONTACT WITH THE TENANT IT MAY BE BEST TO COORDINATE AN INSPECTION WITH MR. SMITH AGAIN SO WE CAN ENSURE THAT THERE IS OPEN COMMUNICATION AND THE PROPER PERMITS WERE ISSUED

DETERMINING WHICH PERMITS ARE REQUIRED FOR EACH UNIT. >> WELL THE 201 PERMIT WAS APPLIED FOR AND THE WINDOWS -- WE ARE WAITING FOR THE WINDOWS TO BE MANUFACTURED.

[00:30:06]

TENANT TO LET ME IN. >> FRAN ROSS: ANYTHING FURTHER? ALL RIGHT. I FIND THAT THE VIOLATION EXISTS AT 201 DIXIE LAND DRIVE AND LOURDES NUNEZ IS RESPONSIBLE FOR THE VIOLATION.

I GIVE YOU 45 DAYS. THE CITY IS ASKING FOR 60, BUT I AM GIVING YOU 45.

THIS IS YOUR RESPONSIBILITY. >> OKAY. >> FRAN ROSS: YOU GOTTA PULL THE PERMIT. ONCE YOU PULL THE PERMIT YOU HAVE 180 DAYS TO COMPLY WITH THE PERMIT. YOU NEED TO STAY IN TOUCH WITH MR. SMITH.

HE'S NOT GOING TO GO THERE AS YOUR BODYGUARD TO MAKE YOUR TENANT OPEN THE DOOR.

THAT'S NOT HIS JOB, AND MR. SMITH, I AM TO THE ASKING YOU TO DO THAT.

BUT YOU NEED TO COMPLY WITH PERMIT CONDITIONS AND CURE ALL OF THE VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRED IN THE PERMIT OR YOU WILL BE ASSESSED A FINE OF $100 PER DAY.

YOU HAVE 30 DAYS TO APPEAL. >> THANK YOU. >> FRAN ROSS: THANK YOU.

GOOD LUCK. NEXT CASE, MA'AM. >> IT IS 5L.

[L. 20-887 711 S Indian River Drive Murray, Dylan & Kristin Edward Smith]

OWNERS. >> EDWARD SMITH. BUILDING INSPECTOR FOR THE CITY OF FORT PIERCE. TODAY WE HAVE CASE NUMBER 20-887 AND THE ADDRESS IS 711 SOUTH INDIAN RIVER DRIVE AND THE OWNERS IS DYLAN AND KRISTIN MURRAY.

THE CASE WAS INITIATED APRIL 1ST, 2020. THE VIOLATION IS 5-1.105.1.

PERMIT REQUIRED. CORRECTIVE ACTION IS TO OBTAIN A PERMIT FOR THE AC INSTALLATION DONE WITHOUT A PERMIT. THE CITY RECOMMENDS -- THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATIONS EXIST.

THE VIOLATOR WILL BE GIVEN 60-DAYS TO OBTAIN A PERMIT AND OBTAIN APPROVAL FOR THE REQUIRED INSPECTIONS FOR AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.

COMPLY WITH ALL PERMIT CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.

AND I HAVE PICTURES. >> THANK YOU. CAN YOU PLEASE SHOW THEM TO

THE RESPONDENT? DID YOU TAKE THE PICTURES ? >> YES.

>> DO THEY FAIRLY AND ACCURATELY DE -- DEPICT WHAT YOU SAW 1234* IT IS ADMITTED

AS CITY'S COMPOSITE ONE? >> IT WILL BE ADMITTED AS CITY'S COMPOSITE 1.

>> FRAN ROSS: SIR, HAVE YOU BEEN PREVIOUSLY SWORN? >> YES.

>> FRAN ROSS: HOW DOWRY SPAWNED TO THE -- DO YOU RESPOND TO THE ALLEGATIONS ?

>> YES. THIS IS TRUE. THE AIR CONDITIONING COMPANY, AIR CONDITIONING UNLIMITED LC, WHEN THE BUILDING INSPECTOR CAME BY HE WENT -- HE WAS OUT GETTING A PART OR SOMETHING LIKE THAT AND HE CAME BACK -- HE WENT DOWN TO GET A PERMIT AND IT WAS CLOSED BECAUSE OF COVID. HE FOUND OUT HE HAD TO DO IT ONLINE AND I DON'T KNOW. HE SUBMITTED IT ONLINE. HE SAID HE DIDN'T KNOW IF THE PERMIT WENT OR NOT. I HAVE NO IDEA IF IT DID. ANYWAYS, THE AIR CONDITIONER GOT INSTALLED REGARDLESS BECAUSE IT WAS JUST BEING REPLACED.

I DIDN'T -- I WAS UNDER THE ASSUMPTION THAT REPLACING AN AIR CONDITIONER I DIDN'T KNOW YOU HAD TO GET A PERMIT FOR SINCE IT WAS EXISTING. I DIDN'T KNOW IF AIR CONDITIONING UNLIMITED GOT A PERMIT. AS FAR AS HE KNEW HE SAID IT WENT THROUGH, BUT IT HAS BEEN FIVE AND A HALF MONTHS AND HE DOESN'T KNOW REGARDLESS IF HE

HAS THE PERMIT ON IT OR NOT. >> FRAN ROSS: WELL, YOU PROBABLY NEED TO CHECK WITH THE CITY TO SEE IF IN FACT HE PULLED IT. I KNOW IT DOES TAKE SOME TIME TO GET PERMITS FOR DIFFERENT THINGS, BUT FIVE AND A HALF MONTHS IS A LONGTIME.

>> WELL, YEAH, THAT'S WHAT I WAS THINKING. >> FRAN ROSS: MIGHT HAVE TO DO

[00:35:04]

A LITTLE WORK YOURSELF. ANYTHING FURTHER? >> SPECIAL MAGISTRATE, A

PERMIT HAS NOT BEEN APPLIED FOR FOR THIS AC. >> FRAN ROSS: OKAY.

EXCUSE ME. ANYTHING FURTHER? YOU KNOW, YOU CAN PULL THE

PERMIT YOURSELF. >> OKAY. >> FRAN ROSS: IS THAT RIGHT?

>> AS FAR AS I KNOW THEY HAVE NOT FOR AC WORK. >> FRAN ROSS: WELL, THAT'S WHY I DON'T GIVE ADVICE FROM UP HERE. I AM ALWAYS WRONG.

GET WITH SOMEBODY TO GET THE PERMIT. >> I CALL HIM BACK TODAY AND SEE IF I CAN'T GET HIM DOWN HERE. CAN YOU COME IN PERSON NOW

DOWN HERE TO THE PERMIT DEPARTMENT? >> YOU NEED TO MAKE AN

APPOINTMENT. >> IF YOU MAKE AN APPOINTMENT?

OKAY. >> FRAN ROSS: ANYTHING FURTHER? BASED ON THE EVIDENC AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 711 SOUTH INDIAN RIVER DRIVE AND THAT DYLAN AND KRISTIN MURRAY ARE RESPONSIBLE FOR THE VIOLATION. I GIVE YOU 45 DAYS TO OBTAIN A PERMIT.

IT IS NOT A DIFFICULT THING. THAT I THINK I AM RIGHT ABOUT.

>> I CAN DO THAT. >> FRAN ROSS: I LET THAT GO. AND THEN COMPLY WITH ALL OF THE PERMIT CONDITIONS. WORK WITH THE CITY. THEY ARE REALLY GOOD ABOUT ASSISTING PEOPLE IN SITUATIONS SUCH AS YOURS. COMPLY WITH THE PERMIT CONDITIONS. IF NOT YOU WILL BE FINED $100 PER DAY.

>> WILL DO. >> FRAN ROSS: YOU HAVE 30 DAYS TO APPEAL.

>> I CAN DO THAT. >> FRAN ROSS: THANK YOU. GOOD LUCK.

>> THANK YOU. >> THE NEXT CASE WE ARE GOING BACK TO 5B.

[B. 20-351 909 Avenue I Spears, Albert Cris Bossano]

IT IS 909 AVENUE I IS THE ADDRESS. AND ALBERT SPEARS IS THE

OWNER. >> SPECIAL IMAGINE -- MAGISTRATE, PHOTOS WERE SUBMITTED INTO EVIDENCE AND YOU RECEIVED EVIDENCE AT THE LAST HEARING.

YOU GRANTED CONTINUE WEDNESDAY -- CONTINUANCE, 30-DAY CONTINUANCE AND RECOMMEND FINDING A CONTRACTOR AND PULL REQUIRED PERMITS. AT THIS TIME I ASK THAT YOU ALLOW STAFF TO GIVE YOU AN UPDATE AS TO ANYTHING THEY KNOW THAT HAS OCCURRED SINCE

THEN AND ALSO THE SAME FROM THE RESPONDENT. >> FRAN ROSS: OKAY.

MR. BOSSANO? >> YES. THE CASE IS NUMBER -- MY NAME IS CRISTOBAL,-BOSSANO. IT IS THEATER-351. IT IS 20-351 AND THE ADDRESS IS 909 AVENUE I. MARCH 11, 2020. THE OWNER ISAL -- IS ALBERT SPEARS. THE ADDRESS IS 820 FORT PIERCE, FLORIDA 34956.

VIOLATION SECTION 5-1.105.1 AND PERMIT REQUIRED. CORRECTIVE ACTION OBTAIN A PERMIT FOR BUILDING FOR ELECTRIC WORK BE DONE WITH A PERMIT.

LAST TIME WE WAS HERE WE NEED TO MEET WITH THE OWNER TO GET INSIDE THE HOUSE TO CHECK WAS THE CASE IS IN THE SHED -- WAS INSIDE THE HOUSE. I DON'T RECEIVE CALLS FOR NOTHING. I CANNOT GIVE YOU NOW UPDATES FOR THIS CASE.

>> FRAN ROSS: OKAY. I REMEMBER THERE WERE A GROUP OF PEOPLE HERE, RIGHT? OKAY. ALL RIGHT. ANYTHING FURTHER?

>> SPECIAL MAGISTRATE. >> FRAN ROSS: YES. >> THE STAFF HAS CONTACTED THE RESPONDENT AT THE NUMBER THEY PROVIDED AT THE PREVIOUS HEARING THREE TIMES AND LEFT THREE MESSAGES AND NEVER RECEIVED A CALL BACK TO COORDINATE AN INSPECTION.

>> FRAN ROSS: THANK YOU. ALL RIGHT. I DON'T THINK YOU WERE

PREVIOUSLY SWORN? >> NO. >> FRAN ROSS: WOULD YOU RAISE

YOUR RIGHT NAME AND BE SWORN. >> ALBERT SPEARS. >> YOU SWEAR OR UH OFFICIAL THE TESTIMONY YOU -- OR UH OFFICIAL THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE

TRUTH? >> YES. >> FRAN ROSS: HOW DOWRY

SPAWNED? HOW DO YOU RESPOND? >> I HAVE DONE WORK TO THE HOUSE AND RECEIVED NO CALL FOR HIM. SO WHAT NUMBER DID YOU CALL?

>> MS. BECK HAS THAT NUMBER ON RECORD AND CAN PROVIDE IT TO YOU.

[00:40:02]

>> FRAN ROSS: SO WELL ASIDE FROM THE CALLS AND LEFT AND NO RETURN CALLS WHERE ARE WE AT

WITH THIS, MS. SPEARS? >> RIGHT NOW I AM TRYING TO GET MY BROTHERS TO GET TOGETHER WHERE WE GET A PERMIT AND THE CONTRACT WILL WORK WITH US.

HE IS OUT OF TOWN AND I DON'T FOE WHEN HE WILL BE BACK IN TOWN.

HE CAN PULL A PERMIT OUT HIMSELF. >> FRAN ROSS: YOU WILL HAVE TO TALK TO THE CITY ABOUT THAT. I MISS SPOKE ABOUT THE PERMIT SO I WON'T GO THERE AGAIN.

>> NO. THAT'S NOT MY NUMBER. >> THAT WAS THE NUMBER GIVEN.

>> FRAN ROSS: I REMEMBER BECAUSE THERE WERE A NUMBER OF PEOPLE HERE WITH YOU.

AND YOU ALL -- IF I RECALL YOUR DAD OWNED THE HOUSE, BUT PASSED AND YOU GUYS WERE TRYING TO FIX IT UP. HAVE YOU LOOKED FOR OTHER CONTRACTORS?

>> WE LOOKED FOR SEVERAL, BUT WE COULDN'T FIND ANY. RIGHT OFF THE BAT.

>> FRAN ROSS: OKAY. ANYTHING FURTHER? >> NO.

>> FRAN ROSS: ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 909 AVENUE I, FORT PIERCE, FLORIDA AND ALBERT SPEARS, CARE OF FRANK SPEARS AND EVERYBODY ELSE THAT WILL STAND TO INHERIT THE PROPERTY RESPONSIBLE FOR THE VIOLATION. BEFORE YOU LEAVE, MAKE SURE THEY HAVE YOUR NUMBER SO THEY CAN WORK WITH YOU. GIVE IT TO MS. BECK TO MY LEFT. I GIVE YOU 60-DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS. ONCE YOU PULL THE PERMIT YOU HAVE 180 DAYS WHICH IS SIX MONTHS TO FINISH IT. IF YOU RUN INTO ANY PROBLEMS THE CITY WILL GLADLY WORK WITH YOU. THEIR INTEREST HERE IS HAVING NICE, DECENT, AFFORDABLE HOUSES IN THE CITY OF FORT PIERCE, SO THEY ARE NOT WORKING TO TRY AND TAKE ANYTHING FROM YOU. COMING FROM A BIG FAMILY MYSELF, I KNOW THAT SIBLINGS DON'T ALWAYS COOPERATE WITH YOU. YOU ARE GONNA HAVE TO GO WITH WHAT YOU HAVE. I GIVE YOU 60-DAYS. AGAIN, YOU HAVE SIX MONTHS FROM THAT TO COMPLY. IF YOU RUN INTO ANY PROBLEMS THE CITY CAN EXTEND THAT.

THEY CAN WORK WITH YOU. >> OKAY. >> FRAN ROSS: YOU HAVE 30 DAYS TO APPEAL. ELIZABETH, DID I COVER EVERYTHING?

>> YES, MA'AM. >> DO I APPEAL FOR THE PERMIT MYSELF?

>> FRAN ROSS: GET WITH THE CITY BECAUSE I ALREADY MISS SPOKE ABOUT PERMITTING.

IF YOU DON'T COMPLY YOU WILL BE ASSESSED $100 A DAY. >> OKAY.

>> FRAN ROSS: TALK WITH THEM. TRUST ME, THEY WILL WORK WITH YOU.

THANK YOU. >> THANK YOU. >> THE NEXT CASE IS 6C, 9

[C. 19-988 711 S Ocean Dr Fond De Blanc, Inc. Shaun Coss]

>> INSPECTION MAGISTRATE THIS IS 19-988 FOR 711 SOUTH OCEAN DRIVE.

THE PROPERTY IS HONE -- OPENED BY FOND DE BLANC INK OF 275 LOSS RIVER ROAD.

THE RESPONDENT IS PRESENT THIS MORNING. REGISTERED AGENT IS JERMAINE LECLERK. VIOLATIONS WERE CITY ORDINANCE SECTION 5.1-501.1 AND PERMIT REQUIRED. THIS MATTER CAME BEFORE YOU OCTOBER 18TH 2019 IN ORDER A VIOLATION WAS RECORDED. AFFIDAVIT OF NONCOMPLIANCE WAS FILED JANUARY 2ND, 2020 AFTER A PERMIT HAD NOT BEEN ISSUED. ON FEBRUARY 18TH, 2020 A HEARING WAS HELD AND AT THAT TIME THE FINES WERE TEMPORARILY STOPPED TO ALLOW THE OWNER OPPORTUNITY TO OBTAIN A PERMIT. THE PERMIT WAS ISSUED MAY 4TH, 2020 AND SINCE THEN THE PERMIT HAS HAD ALL APPROVED INSPECTIONS AND THE PERMIT IS CLOSED. THE CASE HAS NOW COMPLIED. THE TOTAL AMOUNT IN THE FINES

[00:45:05]

THIS IS A HEARING WITH THREE CRITERIA TO CONSIDER IN THE REDUCTION OF THIS FINE.

ONE IS THE GRAVITY OR SERIOUSNESS OF THE VIOLATION WAS MODERATE.

TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE ACTIONS WHERE IF THEY WERE NOT CORRECTED BY THE ORIGINAL VIOLATOR WHAT ACTION WAS TAKEN BY ANY OTHER OWNER WHERE PARTY WITH THE INTEREST IN THE PROPERTY TO BRING THE VIOLATION INTO COMPLIANCE.

THE OWNER OBTAINED A PERMIT AND COMPLETED ALL NECESSARY WORK.

THREE, THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD, SPECIAL MAGISTRATE OR OTHER JUDICIAL PROCESS OR OTHERWISE IN ANY SUCH PROCEEDING WAS THREE TIMES. STAFF HAS CALCULATED THE ADMINISTRATIVE COSTS IN THIS CASE TO BE $1,375.22. THE RESPONDENT HAS AGREED TO PAY $20 FOR THE RECORDING FEES. THE STAFF IS NOT ACCEPTABLE OF THIS AND RECOMMENDS TO THE SPECIAL MAGISTRATE THAT THE FINES BE REDUCED TO THE

ADMINISTRATIVE COSTS WHICH ARE AGAIN $1,375.22. >> FRAN ROSS: OKAY.

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

>> FRAN ROSS: AND SIR, HAVE YOU BEEN SWORN? >> YES, I HAVE.

MY NAME IS JERMAINE LECLAIRE AND I HAVE BEEN SWORN. >> FRAN ROSS: HOW DOWRY

SPAWNED? HOW DO YOU RESPOND? >> ON FEBRUARY 18TH, I DID APPEAR FOR THE MASTER HEARING. I APPEARED UNDER THE ASSUMPTION THAT I WAS APPEARING FOR BOTH VIOLATIONS.

I HAD TWO VIOLATIONS ON THE PROPERTY. ONE WAS FOR A PERMIT.

THE OTHER WAS FROM CODE ENFORCEMENT. I'M A REASONABLY INTELLIGENT PERSON, AND SO I WAS UNDER THE ASSUMPTION WHEN I APPEARED FOR THAT HEARING THAT THE FINES WERE STOPPED ON THE PROPERTY FOR BOTH CODE ENFORCEMENT AND FOR THIS PERMIT VIOLATION.

THAT WAS THE NO -- THAT WAS NOT THE CASE. IN FACT, CODE ENFORCEMENT ISSUED A LIEN ON THE PROPERTY. I HAD TO COME TO THE SPECIAL MAGISTRATE HEARING BEFORE YOU, SPECIAL MAGISTRATE ROSS AND IT WENT TO THE COMMISSION FOR A FINERY DUCKS. FINE REDUCTION. HAVE I PAID A LOT OF MONEY FOR A LITTLE BIT OF WORK THAT HAS BEEN DONE FOR THIS PROPERTY GOING THROUGH FOUR CONTRACTORS AND WELL AWARE OF MY INABILITY TO OBTAIN THE NECESSARY CONTRACTORS AND THE EGREGIOUS ACTS THAT HAVE BEEN COMMITTED BY THEM IN NOT FILING PERMITS.

I WOULD ASK THAT THE FINE BE FURTHER REDUCED. I ALREADY HAD TO PAY $1200 FOR A CODE ENFORCEMENT VIOLATION THAT COST $600 TO CURE WHICH I NEEDED A CONTRACTOR FOR.

SO I THINK IT IS OUTRAGEOUS TO CONTINUE TO PAY THESE HEFTY FINES WHEN I TOOK THE TIME OF SUBMITTING DOCUMENTS TO CODE ENFORCEMENT AND BUILDING ON EVERY CONTRACTOR, THE MONIES THAT I HAVE PAID, 19 PAGES OF DOCUMENTS AND NOW HERE AGAIN FINALLY HAVING DONE AND FOUND A CONTRACTOR TO FIX THIS PROBLEM AND TO PAY OVER $2200 FOR WORK THAT DIDN'T COST $2200. AND SO I AM ASKING FOR A FURTHER REDUCTION IN FINE.

I PAY THE ADMINISTRATIVE COST OF THE $250. THEY SAY THIS CASE HAS BEEN OPEN FOR 16 MONTHS. EVERY MONTH I HAVE TRIED TO FIND SOMEBODY TO DO THIS WORK

AND FINALLY IT HAS BEEN RESOLVED. >> FRAN ROSS: ANYTHING

FURTHER? >> THAT'S IT, MA'AM. >> FRAN ROSS: HERE IS THE PROBLEM. AND YOU DON'T HAVE TO ANSWER THIS IF YOU DON'T WANT TO.

IS THIS INVESTMENT PROPERTY OR YOUR PERSONAL RESIDENCE OR WHAT?

>> IT IS AN INVESTMENT PROPERTY I BOUGHT TWO YEARS AGO WHICH WAS FALLING APART.

THE CODE ENFORCEMENT -- I HADN'T BEEN ABLE TO DO ANYTHING TO THE PROPERTY BECAUSE I COULDN'T FIND CONTRACTORS TO DO THE WORK. I AM NOT MAKING ANY MONEY OUT OF THIS. I PAID TWO YEARS OF TAXES AND HAVEN'T RECEIVED ANYTHING AND I HAVE TO CONTINUE THE UPKEEP AND THE MAINTENANCE OF THE GROUNDS.

[00:50:06]

I THANK YOU FOR THAT. BUT AGAIN, I MEAN, THESE FINES ARE JUST RIDICULOUS.

>> FRAN ROSS: HERE IS THE PROBLEM, AND I SAY THIS NOT ONLY IN HERE, BUT ALSO TO MY FAMILY MEMBERS WHO OWN PROPERTY AND -- THE THING IS, IF YOU ARE GONNA BUY INVESTMENT PROPERTY, BEFORE YOU EVEN START TO BUY THE PROPERTY AND EVEN IF YOU BUY IT KNOWING THAT IT IS GOING TO TAKE SOME REPAIRS, YOU SHOULD HAVE A GOOD CONTRACTOR THAT YOU KNOW AND TRUST WHO WILL BE THERE FOR YOU AND WHO WILL COME WHEN YOU CALL HIM AND SAY THIS NEEDS TO BE REPAIRED. I AM SPEAKING FROM PERSONAL EXPERIENCE.

YOU NEED A CONTRACTOR AND YOU NEED A PLUMBER AND YOU NEED AN ELECTRICIAN.

WHEN THOSE THINGS GO BAD AND YOU CALL AND THEY WILL SAY I GOT YOU.

I CAN GET TO YOU TOMORROW. NOT ONLY DO YOU HAVE TO DEAL WITH THOSE PROFESSIONAL PEOPLE, YOU HAVE TO DEAL WITH THE CITY WITH THE LICENSE AND REQUIREMENTS AND THE PERMITTING PROCESS AND YOU HAVE YOUR TENANT. THAT'S SORT OF IT IN A

NUTSHELL. >> I AGREE. >> FRAN ROSS: AND FLORIDA RIGHT NOW, AND I HATE TO EVEN THINK ABOUT LOUISIANA AND TEXAS BECAUSE OF THE DAMAGE DONE BY LRN -- BY HURRICANES. AND SO PEOPLE ARE RIDING AROUND HERE AND SAYING THEY ARE CONTRACTORS AND SOME OF THEM EVEN HAVE LICENSE NUMBERS ON THEIR VEHICLES.

YOU REALLY HAVE TO RESEARCH THESE PEOPLE. I SEE THIS TIME AND TIME AGAIN IN HERE. EVERY MONTH. DECENT, HARD-WORKING PEOPLE LIKE YOURSELF DECIDE TO INVEST IN PROPERTY AND WHATEVER. THERE IS NOTHING WRONG WITH THAT. YOU KNOW, LAND WAS A BIG THING IN THE BIBLE.

SERIOUSLY. THEY KILLED ALL THE LAND BACK THEN.

SO YOU HAVE TO GET PEOPLE -- YOU KNOW, YOU HAVE THEM ON SPEED DIAL.

YOU'VE SAT THROUGH THE HEARINGS THIS MORNING AND A NUMBER OF THESE PEOPLE ARE DECENT, HARD-WORKING PEOPLE. THEY ARE TRYING TO MAKE THE COMMUNITY BETTER AND THEY ARE RUNNING INTO THE SAME PROBLEMS. YOU KNOW, I HAD TO LEARN THE PERMITTING PROCESS AND I HAD TO LEARN IT THROUGH THIS JOB. AND THERE IS A REASON FOR THE PERMITTING PROCESS. I UNDERSTAND THAT FIRSTHAND. I BOUGHT A HOUSE AND IT WAS WONDERFUL AND THEN NIGHT CAME AND THE OUTSIDE LIGHT WAS AND YOU CAN LOOK IN THE ROOM AND SEE OUTSIDE BECAUSE THERE WAS A BIG OLD CRACK IN THE WALL. I BOUGHT THE HOUSE AND IT WAS INSPECTED AND THEY SAID IT WAS WONDERFUL. I HAD TO GET THE CRACK REPAIRED BECAUSE THE ROACHES LOVED COMING THROUGH THERE AND ALL OF THE OTHER BUGS.

I AM MAKING LIGHT OF THAT, BUT IT IS COSTLY TO THE PERSON WHO PURCHASES THE PROPERTY.

AND THERE IS THAT OLD SAYING CAVEATE -- CAVEAT ENTER, LET THE BUYER BEWARE.

HERE IS WHAT I DO. THE CITY HAS AGREED TO REDUCE THE FINES FROM $4,720.

YOU MADE A $20 OFFER. THAT $20 ALSO INCLUDED A RECORDING FEE.

THEY ARE ASKING YOU PAY THEIR ADMINISTRATIVE COSTS. THAT'S WHAT IT COST THE OFFICE TO GO OUT AND INSPECT AND DO THIS. YOU HAVE BEEN IN HERE A FEW TIMES. I REMEMBER YOU. YOU HAVE ALWAYS BEEN DECENT AND IN ORDER. I BELIEVE YOU ARE A HARD WORKER.

SO WHAT I'M GOING TO DO AND IT PROBABLY WON'T MAKE ANYBODY IN HERE HAPPY, BUT NEVERTHELESS I REDUCE THE FINE TO $1,000. NOW, HOW MUCH TIME DO YOU NEED TO PAY THAT?

WE ARE NOT TRYING TO BREAK THE BANK HERE. >> I CAN GET YOU THAT.

>> FRAN ROSS: FIND YOU A GOOD CONTRACTOR AND FIND YOU A GOOD PLUMBER AND FIND YOU A GOOD ELECTRICIAN. I THINK YOU WON'T BE BACK IN HERE AGAIN IF YOU CAN DO

THAT. >> I WON'T. >> FRAN ROSS: I GIVE HIM 30

DAYS TO PAY AND YOU HAVE 30 DAYS TO APPEAL MY DECISION. >> THANK YOU, SPECIAL

MAGISTRATE ROSS. >> FRAN ROSS: GOOD LUCK TO YOU.

[00:55:02]

>> OKAY. THE NEXT CASE IS A LIEN REDUCTION.

[A. 12-1722 204 Dundas Court Mackey, Damion Shaun Coss]

>> FRAN ROSS: GOOD MORNING. IS THAT GEORGE? GOOD MORNING.

>> IT IS I. >> FRAN ROSS: YOU HAVE BEEN SWORN?

>> I HAVE BEEN SWORN IN. >> FRAN ROSS: AND FOR THE RECORD, I KNOW, MR. GEORGE, THERE ARE A MILLION GEORGES RUNNING AROUND FORT PIERCE AND THEY ARE NOT JUST FIRST COUSINS. THEY ARE BROTHERS AND SISTERS.

THAT WILL NOT AFFECT MY DECISION HERE THIS MORNING. THAT'S A HUGE FAMILY.

AND THEY TRAVEL IN A PACK. YOU KNOW, SHE IS ONE OF THEM. THERE ARE THREE OR FOUR OF

THEM TOGETHER. >> THANK YOU. SPECIAL IMAGINE -- MAGISTRATE, THIS CASE ALONG WITH 1723 ON DUDAS 3 AND 15-523 AND 17-1026 FOR 909 AVENUE B ARE ALL THE SAME CONSIDERATIONS AND THE SAME FACTORS AND ALL OF THE SAME INFORMATION.

STAFF WILL REQUEST THAT THESE BE READ IN AT ONE TIME TO EXPEDITE THIS HEARING.

THE RESPONDENT ON BEHALF OF MR. GEORGE WHO IS ACTING AS TE AGENT FOR THE RESPONDENT, MR. MACKEY AND STAFF HAVE STIPULATED TO A PARTIAL RELEASE LIEN FOR $1,000 PER VIOLATION CASE FOR A TOTAL OF $4,000. WE CERTAINLY HAVE PUT -- CAN PUT MORE FACTS ON THE RECORD IF YOU WISH OR IF MR. GEORGE HAS COMMENTS HE WOULD LIKE TO

ENTER INTO THE RECORD. >> I HAVE NONE. I JUST HOPE THAT WE CAN GET THIS RECOMMENDATION TO THE COMMISSION BOARD SO THAT WE COULD MOVE ON.

>> FRAN ROSS: OKAY. I'M LOOKING AT THE TOTAL FINES AND STUFF.

YES. THIS WILL GO BEFORE THE CITY COMMISSION.

ANYTHING FURTHER? >> AGAIN, SPECIAL MAGISTRATE, THIS IS A PARTIAL RELEASE OF LIEN FOR DAMION MACKEY. THE BALANCE OF THE LIEN WILL REMAIN ON THE PROPERTIES AS THE VIOLATIONS ARE STILL IN EXISTENCE. MR. MACKEY SOLD THESE PROPERTIES TO ANOTHER PARTY AND THAT PARTY HAS SINCE SOLD THE PROPERTY AGAIN.

>> FRAN ROSS: ALL RIGHT THEN. BASED ON THE STIPULATION BETWEEN THE PARTIES I REDUCE -- I DO A PARTIAL RELEASE OF LIEN AS TO EACH PROPERTY IN THE AMOUNT OF $1,000 PER UNIT. THAT WILL BE IN CASE NUMBER 12-1722, 12-1723, 15-523 AND

-- >> AND 17-1026. >> AND --

>> FRAN ROSS: AND 17-1026. HOW MUCH TIME DO YOU WANT TO PAY?

>> I AM PREPARED. >> FRAN ROSS: YOU ARE PREPARED? OKAY. I GIVE YOU 30 DAYS TO PAY. AND THIS WILL BE -- WELL, ACTUALLY I CAN -- WELL, I DON'T DO THE TIME FRAME IN THE PAPER BECAUSE IT GOES BEFORE THE CITY COMMISSION. SO YOU WILL GET A -- I'LL LET THEM EXPLAIN TO YOU HOW YOU GO BEFORE THE CITY COMMISSION. THAT WILL BE MY RECOMMENDATION BASED ON THE STIPULATION

BETWEEN THE TWO OF YOU. >> SOUNDS GOOD. ANYTHING ELSE?

>> FRAN ROSS: NO. >> THANK YOU. >> FRAN ROSS: DO YOU WANT A

CALENDAR DATE WHEN YOU MAY BE ON THE COMMISSION? >> IT IS NOVEMBER 16TH.

>> YES, MA'AM. >> FRAN ROSS: YOU GOT IT. THANK YOU.

>> THE NEXT CASE IS 7E AND IT IS CASE NUMBER 19-522 AND THE ADDRESS IS 119 NORTH 11TH

[E. 19-522 119 N 11th Street Atlantic 509 LLC Shaun Coss]

>> FRAN ROSS: OKAY. WHEN YOU'RE READY. AND WE HAVE MS. MOORE

REPRESENTING MR. CARMICHAEL? >> CAMERON. HE IS THE OWNER.

I AM THE PROPERTY MANAGER. >> FRAN ROSS: AND I DISCLOSE THAT WE ARE RELATED.

[01:00:08]

THIS MORNING. >> WAS MS. MOORE SWORN? >> MS. MOORE WAS PREVIOUSLY

SWORN IN. >> GOOD MORNING. THIS IS CAMERON.

>> HI, MR. WEINEY 1234*. >> YES. >> THIS IS ELIZABETH WITH THE CITY OF FORT PIERCE BUILDING DEPARTMENT. YOU ARE IN AUDIO ATTENDANCE OF THIS SPECIAL MAGISTRATE HEARING, AND THE NEXT VOICE YOU WILL HEAR WILL BE THE

SPECIAL MAGISTRATE. >> FRAN ROSS: GOOD MORNING, MR. WEINEY?

>> GOOD MORNING. >> FRAN ROSS: I NEED YOU TO STATE YOUR NAME SO YOU CAN BE

SWORN. >> YES, CAMERON WEINEY. >> DO YOU SWEAR OR UH OFFICIAL THE TESTIMONY YOU -- OR UH OFFICIAL THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE

TRUTH? >> YES. >> THANK YOU.

>> FRAN ROSS: MR. COSS. >> GOOD MORNING, MR. WEINEY THIS IS SHAUN-COSS.

I READ THE FACTS INTO THE RECORD. THIS IS CASE 19-522 FOR 119 NORTH 11TH STREET. THE PROPERTY IS OWNED BY ATLANTIC 509LLC.

709NEOPOLATIN WAY. THE REG STRER -- REGISTERED AGENT FOR THE PROPERTY IS KEVIN CARMICHAEL OF WOOD BUCKLE AND CARMICHAEL, 2150 NAY -- NAPLES, FLORIDA 43102.

THE VIOLATIONS AT THE PROPERTY IS 302.5 AND 309.1 PEST INFESTATION, 504.1 PLUMBING FIXTURES AND 304.7 ROOVES AND DRAINAGE AND 305.3 INTERIOR SURFACES.

THIS MATTER CAME BEFORE THE SPECIAL MAGISTRATE ON JULY 16TH, 2019 IN ORDER TO DETERMINE THE VIOLATION. ON SEPTEMBER 23RD 2019 AN AFFIDAVIT OF NONCOMPLIANCE WAS RECORDED AND THE FINES BEGAN. ON JANUARY 6, 2020 AN ORDER ASSESSING FINE AND LIEN RECORDED. SINCE THAT TIME ON FEBRUARY 26, 2020, THE PROPERTY WAS REINSPECTED AND ALL VIOLATIONS WERE NOTED AS CURED AND THE FINES WERE STOPPED AS OF THAT DATE. THIS IS A LEAN REDUCTION AND THERE ARE SEVERAL CRITERIA TO CONSIDER IN THE LIEN. THE GRAVITY OR THE SERIOUSNESS IS MODERATE.

TWO, ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS.

THE OWNER DID WORK NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE.

THREE, THE LENGTH OF TIME NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WAS ONE YEAR. FOUR, THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD OR SPECIAL MAGISTRATE OR JUDICIAL PROCESS OR ADMITTED GUILT IN ANY SUCH PROCEEDING IS ONE. THE NUMBER OF VIOLATION NOTICES THAT THE VIOLATOR HAS RECEIVED IN THE PAST AS WELL AS A FINAL DISPOSITION OF EACH NOTICE. TWO, BOTH CASES HAVE COMPLIED.

NUMBER SIX, WHETHER TO WHAT EXTENT THERE ARE EXTENUATING FACTORS SUCH AS UNAVOIDABLE PERSONAL HARDSHIP. THERE WAS A MISS COMMUNICATION BETWEEN A TENANT AND A PROPERTY MANAGER LEADING TO MANAGEMENT THINKING THE ITEMS WERE CURED WHEN THEY HAD NOT BEEN CURED. NUMBER SEVEN, TO WHAT EXTENT THERE ARE PENDING VIOLATIONS ON THE SUBJECT PROPERTY OR ANY OTHER PROPERTY WITHIN THE CITY OWNED BY THE RESPONDENT AND THERE ARE NONE. STAFF HAS CALCULATED THE ADMINISTRATIVE COSTS IN THIS CASE TO BE $1,435.36. THE TOTAL AMOUNT OF FINES FOR THIS CASE IS $16,130 INCLUDING RECORDING FEES. THE RESPONDENTS IN THE REDUCTION PAPERWORK DID NOT INCLUDE AN AMOUNT THEY WERE WILLING TO PAY. WE WILL DEFER TO MR. WEINEY OR MS. MOORE TO REPRESENT WHAT THEY ARE OFFERING TO PAY BEFORE STAFF MAKES A

RECOMMENDATION. >> FRAN ROSS: MS. MOORE? >> I HAVE NOT THOUGHT ABOUT

[01:05:09]

HE WAS THE ONE DOING ALL OF THE REPAIRS. WHEN I CAME ON BOARD TO BE THE PROPERTY MANAGER IN JANUARY OF 2019 I WAS ASKED BY MR. CAMERON TO GIVE SIX MONTHS NOTICE LEASE TO THAT GENTLEMAN BECAUSE HE WAS NOT DOING THE REPAIRS AS HE WAS SUPPOSED TO BE DOING. SO HE DID -- AFTER I GAVE HIM THE NOTICE HE CALLED HIM AND RENTED THE UPSTAIRS WITHOUT MY KNOWLEDGE. HE THEN ALLOWED THE GENTLEMAN UPSTAIRS TO MOVE IN. NO ONE PAID ANY MONEY. SO HE DECIDED TO CALL CODE ENFORCEMENT FEBRUARY 11TH. AFTER EACH PERSON WAS GIVEN THE NOTICE THAT THEY NEEDED TO PAY. HOWEVER, BEFORE THE TENANT IN B MOVED IN THERE WAS ANOTHER TENANT WHO WAS MOVING OUT BECAUSE THE GENTLEMAN DOWNSTAIRS WHO WAS COLLECTING RENT DID NOT DO ANY REPAIRS. WHEN I WENT TO SEE HER TO LET HER KNOW THAT I WAS THE NEW PROPERTY MANAGER ON BOARD SHE WAS THEN PACKING TO MOVE BECAUSE THE UNIT WAS NOT BEING TAKEN CARE OF AS IT SHOULD HAVE BEEN BY THE GUY DOWNSTAIRS. HE KNEW HE HAD SIX MONTHS TO LEAVE SO THEY DID EVERYTHING POSSIBLE. SO I GAVE THE -- FOR B. I GAVE THE NOTICE TO A WHO IS THE EX MANAGER THAT JUNE IS HIS LAST MONTH. WHEN THAT WAS DONE I WENT RIGHT IN AND I HAVE ALL OF MY DOCUMENTS AND MY RECEIPT AND THE FINANCIAL REPORT CONCERNING THE REPAIRS. BECAUSE THEY DON'T LET YOU IN WHEN THEY OWE RENT.

THAT'S JUST -- SO I KNEW THAT BY JUNE EVERYONE WAS GOING TO BE GONE.

I THEN STARTED THE REPAIRS. I HAVE THE FINANCIAL MEMO I GAVE HIM.

EVERY MONTH I GIVE MR. CAMERON A REPORT STARTING IN JUNE. WE STARTED THE REPAIRS TO CLEAN OUT. WE KNEW NOTHING OF THESE VIOLATIONS UNTIL MR. CAMERON GOT A LETTER. HOWEVER, IT WAS LATE WHEN HE GOT BACK INTO THE COUNTRY, MR. CAMERON, I AM NOT FOR SURE, BUT JULY SECOND IS WHEN I GOT THE NOTICE THAT -- WHICH HE SAID LET'S SEE WHAT HE SAID. HE SAID I RECEIVED A NOTICE.

THIS IS JULY 2ND 2019. I RECEIVED A NOTICE A BIT LATE REGARDING A VIOLATION FOR 119 NORTH 11TH STREET. AND THAT NEEDS TO BE REPAIRED BEFORE THE 16TH OF JULY.

I HAVE ATTACHED WHAT I HAVE RECEIVED FROM THEM. IF WE COULD TAKE A GOOD -- TAKE A LOOK AT WHAT THEY HAVE MENTIONED AND HAVE WHATEVER IS NEEDED REPAIRED AS SOON AS POSSIBLE THAT WOULD BE GREAT. THERE WAS SOME ISSUE WITH HIS ADDRESS.

SO WHEN HE GOT BACK IN TOWN, AS I SAID, WE RECEIVED THIS AND I STARTED RIGHT THEN DOING REPAIRS BECAUSE THE CITY OF FORT PIERCE IS MY HOME. AND ALL OF MY OWNERS KNOW THAT I TAKE CARE OF THE PROPERTY. I START, BUT WHEN YOU HAVE TENANTS THAT DON'T WANT TO PAY YOU OR GET UPSET. THEY DON'T LET YOU ON THE PROPERTY, BUT THEY CALL CODE ENFORCEMENT ON YOU. THAT'S WHY WE ARE HERE TO ASK FOR THE LEAN TO -- THE LIEN TO GO AWAY. WE TOOK CARE OF EVERYTHING AS WE SAID.

AS SOON AS WE GOT IT, WE TOOK CARE OF IT. >> FRAN ROSS: OKAY.

[01:10:07]

AND THE TOTAL -- >> IS IT OKAY IF I GIVE MY TWO CENTS?

>> FRAN ROSS: IT WILL BE. OKAY. >> THE BEGINNING OF LAST YEAR AND 2018 THERE WERE UNFORTUNATE MISHAPS. THE GENTLEMAN ANTHONY WORKING FOR -- WITH ME FOR YEARS HAD SOME PERSONAL THINGS ARISE. I STARTED TO HEAR FROM HIM AND THE LAST TIME I HEARD FROM HIM HE TOLD ME HE MOVED INTO THE BOTTOM UNIT AT THIS ADDRESS 119 AND I EXPLAINED TO HIM AND I SAID YOU CAN'T JUST MOVE IN WITHOUT GIVING ME A HEADS UP.

THAT'S WHEN I CONTACTED BARBARA. I SAID, LISTEN, GIVE HIM A SIX-MONTH CONTRACT. OBVIOUSLY HE HAD SOME PERSONAL THINGS GOING ON.

AND THEN FROM THERE THAT'S WHEN ALL OF THIS -- ALL OF THIS PLAYED OUT.

>> FRAN ROSS: OKAY. WELL, THE CITY IS ASKING THAT I REDUCE THE TOTAL FINES AND

FEES FROM 16,130 TO THE ADMINISTRATIVE COST OF $1,435.3. >> I THINK THAT IS VERY FAIR.

SPHRAN

>> FRAN ROSS: ALL RIGHT. ANYTHING FURTHER? >> NOT FOR ME, NO.

>> FRAN ROSS: HOW MUCH TIME DO YOU NEED TO PAY THAT? >> BY NEXT FRIDAY?

>> FRAN ROSS: I CAN GIVE YOU 30 DAYS. >> OKAY.

THAT'S FINE. >> FRAN ROSS: ALL RIGHT. HOLD ON.

LET ME FINISH UP HERE. ANYTHING FURTHER? >> NO.

>> MAGISTRATE THIS IS A LIEN REDUCTION SO WE WILL NEED TO GO IN FRONT OF THE CITY

COMMISSION. >> FRAN ROSS: RIGHT. BASED ON THE STIPULATION BETWEEN THE PARTIES I REDUCE THE LIEN TO $1,435.36. NOW, THIS MATTER WILL GO BEFORE THE CITY COMMISSIO FOR THEIR APPROVAL. MS. MOORE, YOU CAN GET WITH MISS BECK AND SHE WILL TELL YOU HOW THE PROCESS WORKS. YOU GUYS HAVE 30 DAYS TO -- NOT EVEN 30 DAYS TO APPEAL BECAUSE IT GOES BEFORE THE CITY COMMISSION.

MINE IS ONLY A RECOMMENDATION IN THIS CASE. ALL RIGHT?

ANYTHING FURTHER? >> OKAY. >> FRAN ROSS: THANK YOU.

THANKS FOR ALLOWING US TO TALK TO YOU BY PHONE. >> NO, THANK YOU VERY MUCH.

>> FRAN ROSS: YOU'RE WELCOME. THANK YOU. OKAY.

ANYTHING FURTHER? >> WE HAVE A CASE THAT WE CAN CALL.

[M. 20-941 708 Osceola Ave Sidney, Frederick Craft, Christine Ed Smith]

>> FRAN ROSS: OKAY. >> IT IS 5M AND CASE NUMBER 20-941 AND IT IS 708 ONS YOWL -- IT IS OSCEOLA AVENUE AND I AM CALLING CHRISTINE SIDNEY.

>> HI, CHRISTINE? >> YES. >> THIS IS ELIZABETH WITH THE CITY OF FORT PIERCE BUILDING DEPARTMENT. YOU ARE IN AUDIO ATTENDANCE OF THE SPECIAL MAGISTRATE HEARING. THE NEXT VOICE YOU HEAR WILL

BE THE SPECIAL MAGISTRATE. >> OKAY. >> FRAN ROSS: GOOD MORNING, MS. CRAFT. WILL YOU RAISE YOUR RIGHT HAND TO BE SWORN.

>> YES, MA'AM. >> CAN YOU STATE YOUR NAME FOR THE RECORD, PLEASE.

>> CHRISTINE RENEE CRAFT. >> DO YOU SWEAR OR AFFIRM, THE TESTIMONY YOU ARE ABOUT TO

GIVE WILL BE THE TRUTH? >> YES, MA'AM. >> THANK YOU.

>> FRAN ROSS: MR. SMITH? >> GOOD MORNING. EDWARD SMITH INSPEC -- INSPECTOR FOR THE CITY OF FORT PIERCE. THE CASE IS 20-941 AND THE ADDRESS IS 708-OC -- OSCEOLA AVENUE. THE OWNERS ARE FREDERICK SIDNEY AND CHRISTINE CRAFT. THE CASE WAS INITIATED ON JUNE 8TH 2020.

THE VIOLATIONS ARE SECTION 5-1.105.1. PERMITS REQUIRED AND THE

[01:15:11]

THE CASE IS BASICALLY THEY HAVE CONCRETE POURED AROUND THE HOUSE.

I DID GO OUT AND INSPECT THE PROPERTY LAST WEEK AND THEY REMOVED A PORTION OF THE CONCRETE ON THE WEST SIDE OF THE HOUSE. SO THE CONCRETE HAS BEEN REMOVED. SHE DID STATE THAT SHE WANTED TO KEEP THE CONCRETE ON THE OTHER SIDE AND THEY ARE GOING TO -- I BELIEVE THEY WILL BE PULLING PERMITS FOR THAT BASED

ON THEIR STATEMENT. SHOULD I SUBMIT THESE? >> FRAN ROSS: DO YOU HAVE

PHOTOGRAPHS? YES. >> DO YOU KNOW OR MS. BECK DO YOU KNOW IF THOSE PHOTOGRAPHS HAVE BEEN SENT TO THE PROPERTY OWNER FOR THEIR REVIEW?

>> NO. THEY HAVE NOT. >> SPECIAL MAGISTRATE WE WILL

NOT SUBMIT PHOTOGRAPHS AT THIS TIME. >> FRAN ROSS: ALL RIGHT.

SO NOTED. ANYTHING ART -- ANYTHING FURTHER, MR. SMITH?

>> NO. >> FRAN ROSS: MS. CRAFT, HOW DO YOU RESPOND?

>> SO WE HAVE BEEN TRYING TO ADHERE TO ALL THE ISSUES THAT THE CITY HAS GIVEN US.

WE HAVE BEEN TRYING TO CONTACT THE PREVIOUS OWNER TO SEE WHO ORIGINALLY DID THEIR PERMIT WHEN WE WENT TO GO BUY THE HOUSE IN APRIL BECAUSE I KNOW THEY TRIED TO OBTAIN A PERMIT AND I THINK IT FAILED BECAUSE OF THE CONCRETE. I FINALLY FOUND A PIECE OF PAPER THAT STATED THEY PUT IN AN APPLICATION FOR THE PERMIT.

MS. BECK SUGGESTED TO TRY TO GET THAT REVISED. AND SO THAT'S THE ROUTE WE ARE TRYING TO TAKE FOR THE EAST SIDE OF THE CONCRETE SLAB VERSUS HAVING TO TEAR ALL OF THAT UP AND AGAIN ON THAT SIDE. WE ARE DEFINITELY WORKING DILIGENTLY ON IT AND TRYING TO REACH OUT TO PEOPLE AND GET IT DONE AS SOON AS POSSIBLE.

>> FRAN ROSS: AND WERE YOU ABLE TO LOCATE WHO THE CONTRACTOR WAS THAT DID THE

EAST SIDE OF THE HOUSE? >> SO, UNFORTUNATELY NOT. THE HOMEOWNER GAVE US A RANCH -- RANDOM NAME, JUAN, AND A PHONE NUMBER, BUT HE HAS NOT CONTACTED US BACK.

WE KEEP TRYING TO CALL HIM. WE ARE NOT SURE IF THEY ARE CONFUSED ON THE POOL PERMIT OR THE ONE THAT WAS ACTUALLY PUT IN FOR APPLICATION IN APRIL 2020 THIS YEAR, AND I THINK THE APRIL 2020 WOULD BENEFIT US MORE BECAUSE THAT'S THE PERSON THAT ACTUALLY CAME OUT AND SAID THAT THE TWO SIDES DID NOT -- ONE SIDE WOULD NOT BE APPROVED THROUGH THE ENGINEERING DEPARTMENT. AND SO THAT'S THE ROUTE WE WERE TRYING TO TAKE IS THE 2020 APPLICATION PERMIT. AND I HAD SEPTEMBER -- AND I HAD SENT THIS MORNING TO LOOK AT, I SENT YOU A COPY OF THE APPLICATION TO SEE IF WE CAN LOCATE THE FINISHED -- I GUESS THE CLOSED OUT APPLICATION. THAT ONE DOESN'T HAVE A REJECTION STAMP OR ANYTHING ON IT. IN -- AND I DON'T HAVE A CONTRACTOR INFO ON THAT ONE

EITHER. >> FRAN ROSS: ANYTHING FURTHER?

>> NO, MA'AM. >> FRAN ROSS: HERE IS WHAT I DO.

I CONTINUE THIS FOR 30 DAYS TO SEE IF YOU CAN LOCATE WHO THAT CONTRACTOR WAS, AND IF HE IS AVAILABLE TO DO THE WORK OR TO FIND ANOTHER CONTRACTOR. I CONTINUE THIS FOR 30 DAYS AND SEE WHERE YOU ARE. WE'LL SEE WHAT PROGRESS YOU HAVE MADE, AND I'LL MAKE A

DECISION AT THAT TIME. >> OKAY. >> FRAN ROSS: ANYTHING

[01:20:05]

FURTHER? >> NO, MA'AM. >> FRAN ROSS: ALL RIGHT, THANK

YOU. >> ALL RIGHT. THANK YOU.

>> FRAN ROSS: YOU'RE WELCOME. OKAY. ANYTHING FURTHER?

[E. 20-669 510 Texas Court Unit A Ft Pierce Empire 1 Holdings LLC Cris Bossano]

>> WE HAVE TWO RECALLED CASES THAT ARE NOT PRESENT. THE FIRST ONE IS 5E.

20-669, 510 TEXAS COURT UNIT A. AND FORT PIERCE EMPIRE 1 HOLDINGS LLC IS THE OWNER.

>> FRAN ROSS: OKAY. >> MISS BECK CAN YOU CONFIRM THAT THESE CASES WERE SCHEDULED LAST MONTH, AND THEY DID NOT APPEAR AT LAST MONTH AND THEY WERE CONTINUED TO

TODAY'S HEARING, CORRECT? >> YES. THIS IS A RECALLED CASE FROM LAST MONTH. THEY DID NOT APPEAR LAST MONTH.

>> FRAN ROSS: WHEN YOU ARE READY MR. BOSSANO. >> SPECIAL MAGISTRATE, SINCE WE DON'T HAVE A RESPONDENT PRESENT HERE, WOULD YOU LIKE ME TO GO AHEAD AND QUESTION

THE WITNESS? >> FRAN ROSS: YES. >> MAKE SURE WE HIT ALL OF THE ELEMENTS. SO WE ARE ON CASE NUMBER 20-669.

WERE YOU ASSIGNED TO THAT CASE, MR. BOSSANO? >> YES.

>> WAS THAT CASE INITIATED ON MD , 2020? >> YES.

>> AND THE AGENDA THIS MORNING INDICATES THAT THERE WAS A VIOLATION OF PERMIT REQUIRED.

IS THAT CORRECT? >> YES, MA'AM. >> AND ARE YOU REQUESTING THE

RESPONDENT GET A PERMIT FOR DOOR AND WINDOW INSTALLATION? >> YES.

>> AND THE RECOMMENDATION THAT APPEARS ON THE AGENDA THIS MORNING, IS THAT STILL YOUR

RECOMMENDATION? >> YES, THE SAME. >> ARE THERE ANY PHOTOS YOU

TOOK THAT YOU WOULD LIKE TO ENTER INTO EVIDENCE? >> YES.

>> YOU TOOK THEM AND DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> YES. >> THANK YOU. AT THIS TIME WE MOVE THE PHOTOS INTO EVIDENCE. IS THERE ANYTHING ELSE YOU WANT TO SAY ABOUT THIS CASE?

>> NO. HOW ABOUT THEY -- THE NEW WINDOWS THEY PUT IF THERE.

>> NOTHING FURTHER, SPECIAL MAGISTRATE. WE ASK YOU FOLLOW THE

RECOMMENDATION AS PRINTED ON THE AGENDA THIS MORNING. >> FRAN ROSS: THANK YOU.

THANK YOU, MR. BOSSANO. I FIND THAT NO ONE IS HERE ON BEHALF OF FORT PIERCE EMPIRE 1 HOLDINGS, LLC. AND BASED ON THE TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND THAT FORT PIERCE EMPIRE 1 HOLDINGS LLC IS RESPONSIBLE FOR THE VIOLATION. I GIVE THEM 60-DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS. FAILURE TO DO SO WILL RESULT IN A $50 PER DAY FINE BEING ASSESSED. THEY HAVE 30 DAYS TO APPEAL. NEXT CASE WHEN YOU ARE READY.

>> THE NEXT CASE IS ALSO RECALLED FROM LAST MONTH AND NO ONE WAS PRESENT LAST MONTH

[F. 20-671 510 Texas Court Unit B Ft Pierce Empire 1 Holdings LLC Cris Bossano]

PIERCE EMPIRE 1 HOLDINGS LLC IS THE OWNER. >> AGAIN, MAY I GO AHEAD AND QUESTION THE -- MR. BOSSANO, SPECIAL MAGISTRATE? SAN FRANCISCO YES --

>> FRAN ROSS: YES, YOU CAN. >> WERE YOU ASSIGNED TO 20-671?

>> YES. >> WAS IT INITIATED ON MARCH 2ND , 2020?

>> YES. >> SO THE AGENDA THIS MORNING INDICATES THAT THE VIOLATION

IS FOR A PERMIT REQUIRED. IS THAT STILL CORRECT? >> YES.

>> AND THE CORRECTIVE ACTIONS AND RECOMMENDATIONS ON THE AGENDA THIS MORNING, ARE THEY

STILL CORRECT? >> THE SAME. >> HAS THERE BEEN ANY CHANGE

IN THE STATUS OF THE PROPERTY? >> NO.

>> DID YOU TAKE ANY PHOTOGRAPHS THAT APPLY TO THIS PARTICULAR CASE?

>> YES. >> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU

SAW? >> YES. >> IS THERE ANYTHING YOU WOULD

LIKE TO SAY ABOUT THE PHOTOGRAPHS? >> IT IS THE SECOND UNIT IN

THE SAME HOUSE. >> SO THIS TIME WE MOVE THE PHOTOGRAPHS IN AS CITY'S

COMPOSITE 1. >> FRAN ROSS: THEY WILL BE ADMITTED AS SUCH.

[01:25:03]

>> THANK YOU, MA'AM. AND THE CITY ASKS THAT YOU WOULD FOLLOW THE

RECOMMENDATIONS AS PRINTED ON THE AGENDA THIS MORNING. >> FRAN ROSS: THERE IS NO ONE HERE ON BEHALF OF FORT PIERCE EMPIRE 1 HOLDINGS, LLC. HOWEVER, BASED ON THE TESTIMONY EVIDENCE PRESENTED I FIND THAT THEY ARE RESPONSIBLE FOR THE VIOLATION.

THEY HAVE 60-DAYS TO COME INTO COMPLIANCE AND OBTAIN A PERMIT , AND IF NOT THEY WILL BE ASSESSED A FINE IN THE AMOUNT OF $50 PER DAY. AND ALL THESE CASES HAVE 30 DAYS TO APPEAL BEFORE THE CIRCUIT COURT OF SAINT LUCY COUNTY.

>> THE NEXT CASE IS 6A. 18-2935. THE ADDRESS IS 325 SOUTH

[A. 18-2935 325 S 13th Street Dantilus, Jean Shaun Coss]

UNTIL DECEMBER. >> FRAN ROSS: ALL RIGHT. IT WILL BE CONTINUED UNTIL

12-20. >> 6B IS THE NEXT CASE, 19-560, 106 NORTH 29TH

[B. 19-560 106 N 29th Street Chen, Qing Shaun Coss]

REQUEST FOR A FINE REDUCTION. >> FRAN ROSS: OKAY. >> OKAY.

[D. 19-2074 3207 Avenue D We Brothers Enterprise Inc. Kevin Grant]

>> OKAY. >> THE CASE IS NOT APPEARING TODAY -- THE CASES NOT APPEARING ARE 5H, 20-829, 512 NORTH 17TH STREET, DSV, SPV3, LLC IS THE OWNER.

5I, 20-830, 427, NORTH 15TH STREET AND ZAC ARI, VALSANT IS THE OWNER AND 20-1072, 2303 AVENUE N AND CHRISTOPHER HALL IS THE OWNER AND THEY CAN BE CONTINUED TO

NOVEMBER. >> FRAN ROSS: OKAY. THOSE CASES WILL BE

CONTINUED. >> I BELIEVE THAT'S EVERYTHING.

>> FRAN ROSS: OKAY. WITH REGARDS TO THE CASES CALLED WHERE THE FOLK WERE NOT

HERE, HOW WERE THEY NOTIFIED? >> THE CASES REQUIRING NOTICE PER STATE STATUTE OUT 162.12, A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL.

THE GREEN CARD IS RETURNED AND SIGNED IT IS PLACED IN THE FILE.

IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF MAILING WITH A NOTICE OF HEARING ENCLOSED IS MAILED TO THE VIOLATOR. 10 DAYS BEFORE THE HEARING A NOTICE OF HEARING IS SENT REGULAR U.S. MAIL WITH AN AFFIDAVIT OF MAILING ATTACHED. COPIES OF ALL DOCUMENTS ARE PLACED IN THE OFFICE FILE 10 DAYS BEFORE THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN THE LOBBY OF CITY HALL. A NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IF QUESTION WITH AN OF A OF A DAVE -- AFFIDAVIT OF POSTING. IF THE CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED UNCLAIMED.

>> FRAN ROSS: ALL RIGHT. ANYTHING FURTHER? >> NO, MA'AM.

>> FRAN ROSS: THEN WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.