[1. CALL TO ORDER]
[00:00:04]
>> GOOD MORNING, MY NAME IS FRAPPE ROSS, I'M THE ESPECIAL MAGISTRATE WHO WILL BE PRESIDING.
YOU ARE HERE BECAUSE YOU RECEIVED NOTICE THAT YOUR PROPERTY OR YOUR HOUSE WAS POSSIBLY IN VIOLATION WITH A CITY CODE OR ORDER NAPS, YOU WILL BE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT.
YOU MAY BE HERE FOR A PARKING VIOLATION.
WE'LL ALSO LISTEN TO THOSE CALLS.
THERE ARE OTHER REASONS YOU MIGHT BE HERE.
NEVERTHELESS, WE WILL GET TO ALL OF THE CASES SHORTLY BUT IF YOU DON'T MIND PLEASE STAND FOR THE PLEDGE OF
ALLEGIANCE >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
>> NOW COUPLE OF THINGS, YOU GUYS WILL BE RECORDED.
IT'S BEING TELEVISED AS WE SPEAK.
ALSO IS THAT ANYONE HERE WHO NEEDS AN INTERPRETER? ALL RIGHT. ADAM, DO YOU WANT TO SWEAR
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
WOULD YOU PLEASE STAND WHO IS GOING TO BE TESTIFYING? PLEASE RAISE YOUR RIGHT HAND (WITNESSES SWORN IN).
>> WHEN YOU ARE READY CALL THE FIRST CASE.
[C. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> SPECIAL MAGISTRATE WE'RE GOING TO START WITH IDENTIFYING THE CASES THAT HAVE ARE IN COMPLIANCE OR
HAVE BEEN RESCHEDULED. >> WE HAVE CASE 4 A.
[A. 20-1970 PK PAID 1000 Block of DiGirogio Avenue Manzanares, Carlos Heather Debevec]
CASE 201970, MANZANERES THAT IS PAID.[C. 20-1973 PK PAID 3000 Block of Oleander Avenue Hinds, Paulette & Rupert Heather Debevec]
4 C. CASE 20-1973 HINDS, THAT IS IS PAID.[G. 20-2175 PK PAID S Causeway Park Dibona, Erica Janis Isaac Saucedo]
4 G., 20-2017 DEBONA, PAID. WE'RE CONTINUING CASE[B. 20-755 CE 908 Avenue D Khenboi Real Estate Investment LLC Chad Dawson ]
2755908, CHEMOBIOREAL ESTATE WE ARE CASE 10 F. 201182[F. 20-1182 PK PAID Gulfstream Beach Access Deihl, Duane David Chad Dawson ]
DIEHL IS PAID. AND CASE 10 H. I. CASE[I. 20-1058 CE CONTINUE 1400 Binney Drive Phillips, Corliss Heather Debevec]
20101400 BINE DRIVE PHILLIPS WE'RE CONTINUING THAT FORANOTHER COUPLE OF WEEKS. >> OKAY.
WHEN YOU ARE READY CALL THE FIRST CASE.
>> THE FIRST CASE WE HAVE PRESENT TODAY IS CASE
[A. 20-900 CE 1618 Mayflower Rd Ebert Jr, Richard V Ebert, Shih Yun Tuan Isaac Saucedo]
20-916, PAY FLOUR ROAD EBERT SIR, WHAT IS YOUR NAME.>> DUSTIN MOREFIELD. JUSTIN MOREFIELD.
>> YOU WERE PREVIOUSLY SWORN, CORRECT?
>> GOOD MORNING. >> GOOD MORNING.
>> THIS IS CASE NUMBER 20-91618 MAY FLOWER ROAD.
THE CASE INITIATED ON APRIL 9 OF 2020.
THE OWNER IS RICHARD V. EBERT, JUNIOR AND I. JUNE EBERT OF P. O. BOX 130 PRAIRIE GROVE, ARKANSAS, 72753. THE VIOLATIONS ARE SECTIONS 16-46, 47, 48, NUMBERS 1 AND 5 FOR OUTSIDE STORAGE WHICH SOME VIOLATIONS I. P. M.C. 304 TREATMENT PROTECTIVE TREATMENT. STORAGE MOST OF IT HAS BEEN REMOVED. THERE IS STILL SOME STUFF OUT AS OF YESTERDAY. THE PROTECTIVE TREATMENT IS STILL NOT IN COMPLIANCE. THE CITY REQUESTED THAT ITS THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VEILER BE GIVEN TEN DAYS TO COMPLY OR A FINE OF $500.
DO I HAVE PHOTOS HERE IF YOU WANT TO TAKE A LOOK.
[00:05:18]
>> IT WILL BE SO ADMITTED. ANYTHING FURTHER,
>> SO YOU'VE BEEN SWORN. >> YES.
>> STATE YOUR NAME. >> JUSTIN MOREFIELD.
>> HOW ARE YOU RELATED TO THE PROPERTY?
>> I'M THE PROPERTY MANAGER. >> OKAY.
ALL RIGHT. HOW TO YOU RESPOND TO THE ALLEGATIONS MADE BY THE CITY?
>> WE HAD A TOUGH TIME HAVING TENANTS COMPLY WITH MOST OF THEIR ITEMS THAT WERE OUTSIDE BUT WE HAVE, WE JUST RECEIVED POSSESSION OF THE PROPERTY YESTERDAY SO WE'VE GOT CLEARING OUT THE PROPERTY, LANDSSCAPING IS ALREADY BEING TAKEN CARE OF NOW: THE COMMERCIAL SCREECH HAS BEEN REMOVED -- VEHICLE HAS BEEN REMOVED AND AS SOON AS THE CLEAR OUT AND THAT IS DONE, THE PRESSURE WASHING AND PAINTING FASCIA OR CEILING OF THE PROPERTY WILL BE DONE. SO I BELIEVE THAT SHOULD BE
DONE WITHIN TEN DAYS. >> OKAY.
ANYTHING FURTHER? >> FOR ME, NO.
>> THANK YOU. >> BASED ON THE EVIDENCE I FIND A VIOLATION EXISTED IN CASE NUMBER 20-900 C. E.
1618 MAY FLOWER ROAD AND THAT RICHARD V. EBERT ANDSHIP YON TAUN ARE RESPONSIBLE FOR THE I REALIZE THE TESTIMONY SOME OF THE OUTSIDE STORAGE HAS BEEN REMOVED BUT THE PROTECTIVE TREATMENT HASN'T OPINION COMPLETED. BASED ON THAT EVIDENCE I'LL GIVE YOU TEN DAYS -- GREAT TEN DAYS SHOULD BE GOOD.
IF I COULD DO 20 OR 30 THAT WOULD HELP, BUT I
UNDERSTAND. >> TELL YOU WHAT, I'LL GIVE YOU 20 BUT IF YOU NEED ADDITIONAL TIME GET WITH MR. SAUCEDO AND HE WILL WORK WITH YOU.
>> I DO FIND THAT A VIOLATION EXISTS AND PREVIOUS NAMES CALLED. I WILL GIVE YOU 20 DAY, YOU'VE 30 DAYS TO APPEAL. GOOD LUCK.
>> THANK YOU. >> YOU ARE WELCOME.
[A. 20-2186 AA 706 N. 17th Street Apt. B Newton Grant, Delphine Jacqueline Young]
>> THE NEXT CASE IS 202186706 NORTH 17TH STREET. NEWTON.
>> CHELSEA LINCOLN. >> DID YOU, WERE YOU
PREVIOUSLY SWORN IN. >> MA'AM?
>> WERE YOU PREVIOUSLY SWORN IN?
>> YES, MA'AM, GOOD MORNING, SPECIAL MAGISTRATE.
YOU HAVE BEFORE YOU CASE 20-2186.
MISS NEWTON DELPHIN. REGARDING A --
[INAUDIBLE] >> DO YOU WANT TO GO AHEAD
AND START. >> THIS IS MY SECOND VISIT.
YOU GAVE ME NINE MONTHS ON THE FIRST ALARM SITUATION.
THIS ALARM, I CANNOT BELIEVE I WAS GETTING UP GOING TO TAKE MY GRAND KIDS TO SCHOOL AND I LOCKED MYSELF OUT OF THE HOUSE, THE CAR, THE, EVERYTHING, I HAD PUT THE PHONE IN THE CAR. AND OKAY.
SO MY -- THE OWNER OF THE PLACE, HE DIDN'T HAVE A KEY TO THE HOUSE. SO HE HAD TO BREAK IN THE BACK DOOR AND BY THE TIME WE WERE TRYING TO GET IN THE BACK DOOR, THE ALARM RUNG. I WAS -- ONCE I GOT INTO THE HOUSE I TRIED TO FIX IT BUT BY THAT TIME I WAS UNABLE TO DO ANYTHING. THEN THE POLICE OFFICERS, THEY CAME BY. IT WAS, LIKE, THAT SITUATION WAS SO MUCH OUT OF MY CONTROL.
AND I'M STILL AT FAULT. AND I WAS WANTING TIME BECAUSE I ALREADY HAVE TIME TO PAY THE FIRST PART OF IT.
[00:10:02]
>> OKAY. >> I CAN'T BELIEVE IT
HAPPENED, YOU KNOW. >> YOU SAID YOU WERE TAKING
KIDS TO SCHOOL. >> GETTING UP EARLY IN THE MORNING TO DRIVE MY GRAND KIDS TO SCHOOL.
I HAD TO GO TO MY DAUGHTER'S HOUSE TO PICK THEM UP BUT I DIDN'T GET A CHANCE TO PICK THEM UP BECAUSE THE KEYS WAS LOCKED IN THE HOUSE -- I'M ASSOCIATES THE KEYS AND MY PHONE, EVERYTHING WAS LOCKED IN THE CAR.
I WAGS LOCKED OUT OF THE CHAACTER THE HOUSE.
AND -- CAR, THE HOUSE. I HAD TO WALK UP THE STREET TO CALL SOMEONE AN USE PEOPLES' PHONE.
IT WAS A BAD SITUATION THAT MORNING.
IT WAS LIKE ABOUT 7:30. >> WAS THE PREVIOUS ALARM
APPEAL HAVE YOU PAID -- >> I'VE BEEN PAYING ON THAT ONE. I GOT 9 MONTHS TO PAY THAT ONE. I'VE BEEN PAYING ON THAT ONE. $50 A MONTH UNTIL I GOT THAT
HOW MUCH IS THE REMAINING BALANCE ON THAT ONE?
>> IT'S I THINK IT'S -- IT WAS 250, NO, I DON'T -- IT'S
WHAT DID THE OFFICER SAY WHEN HE ARRIVED?
>> I EXPLAINED TO THEM EXACTLY WHAT HAPPENED AND THEY WERE VERY NICE. I JUST SO I EXPLAINED IT TO
>> ONCE I BROKE -- ONCE THE LANDLORD BREAK INTO THE HOUSE, HE GOT THE KEY, I DON'T HAVE, MY CAR IS OLD.
I USED THE KEY TO OPEN THE CAR.
AND LOCK THE CAR. AND THAT MORNING, I WAS ACCIDENTALLY LOCKED MY CAR. I DON'T KNOW -- I WENT AND TOOK TRASH TO THE GARBAGE CAN AND I CAME BACK AND I COULDN'T BELIEVE I LOCKED MY CAR KEYS, PURSE, PHONE,
EVEYTHING WAS IN THE CAR. >> OKAY.
ANYTHING FURTHER YOU WOULD LIKE TO SAY?
>> NO, MA'AM. >> BEING A SINGLE WOMAN LIVING BY MYSELF AND IN A PARTICULAR NEIGHBORHOOD I
NEED THAT ALARM SYSTEM. >> I UNDERSTAND.
>> OKAY. >> ONE MORE THING, I DID MAKE KEYS AND SCATTERED KEYS AROUND FORT PIERS.
>> OKAY I'M NOT LAUGHING AT YOU.
>> OKAY. >> I'VE BEEN WHERE YOU ARE.
ANY RECOMMENDATIONS FROM THE CITY?
>> SPECIAL MAGISTRATE, WE HAVE THESE RULES IN PLACE FOR A REASON. WE'VE SEEN THAT ON MULTIPLE OCCASIONS. MISS NEWTON IS HERE ESSENTIALLY. THROWING HERSELF ON THE SWORD. SHE KNOWS WHAT HAPPENS.
WE'RE IN UNCHARTED TERRITORIES AS FAR AS THE WORLD IS GOING TODAY. AND SO STAFF WOULD NOT BE OBJECTABLE TO THE SPECIAL MAGISTRATE GRANTING A REDUCTION OR WAIVER OF THIS FEE.
I UNDERSTAND THE SITUATION. YOU'VE EXPLAINED YOURSELF VERY WELL. I APPRECIATE THAT.
WHAT I'LL DO, I'LL JUST REDUCE THE TOTAL AMOUNT DUE.
I FIND THAT YOU ARE RESPONSIBLE FOR THE VIALS
BUT I'LL REDUCE IT TO $50. >> THANK YOU.
>> OKAY. YOU HAVE 30 DAYS TO APPEAL
MY DECISION. >> I WON'T APPEAL THAT.
>> HOW LONG DO YOU NEED TO PAY THAT.
>> I CAN PAY THAT ONE THIS MONTH.
I PAY THE $50 THIS MONTH. >> OKAY.
NEXT MONTH I CONTINUE TO PAY ON THE OTHER ONE, THE OTHER PART. BUT I CAN PAY THAT OFF THIS
MONTH. >> I'LL GIVE YOU 30 DAYS TO PAY FROM TODAY'S DATE. YOU HAVE A PAY THAT THEN YOU RESUME THE PAYMENT ON THE PREVIOUS APPEAL.
GOOD LUCK. >> THANK YOU SO MUCH.
>> YOU ARE WELCOME. >> YOU'LL GET A LETTER IN THE MAIL. YOU CAN GO, MA'AM.
>> OKAY. >> NEXT CASE IS 20-1448.
[D. 20-1448 PK Causeway Park Carillo, Jaime Heather Debevec]
CARILLO. >> WHAT ARE YOUR NAMES
[00:15:03]
>> AND YOU. >> THAT'S MY SON, JAMIE --
>> WHAT WAS THE LAST, I -- >> JAMIE ESCOVEL.
>> IS IT R-O-Z -- >> R-O-Z-A-N-O.
>> OKAY. WERE YOU BOTH SWORN IN?
THANK YOU. >> WHEN YOU ARE READY.
>> I'VE NOT BEEN SWORN N. I WAS LOOKING UP CHECKING --
>> OKAY. >> PLEASE RAISE YOUR RIGHT
HAND. >> HEATHER DEBEVEC (WITNESS
SWORN). >> SPECIAL MAGISTRATE BECAUSE THIS IS A PARKING CITATION I'M GO AHEAD TO DO
>> THANK YOU. BEFORE I START I WANTED TO MAKE SURE THAT MR. CARILLO YOU ARE GOOD.
YOU DON'T NEED AN INTERPRETER? YOUR SON IS GOING TO BE YOUR INTERPRETER.
>> YES. >> I THINK WE NEED TO HAVE
THAT PARTICULAR OATH THEN. >> IS -- IS THE THERE SOMEONE ON STAFF THAT IS INSIDE CHAMBERS THAT SPEAKS SPANISH SO WE KNOW THAT IT'S BEING ADEQUATELY TRANSLATED?
>> THE MONITOR -- SO TO THE SON, I'M SORRY, WHAT WAS
YOUR NAME? >> JAMIE ROZANO (WITNESS --
(TRANSLATOR SWORN). >> IN DOING THAT TRANSLATION SOMETIMES INTERPRETERS HAVE A HARD TIME WITH THIS.
YOU HAVE TO SPEAK IN FIRST PERSON.
FOR EXAMPLE IF YOUR DAD SAYS I WENT TO THE STORE, YOU HAVE TO SAY, I WENT TO THE STORE.
NOT HE SAID HE -- THIS IS JUST STRENGTHLY EXACTLY WHAT HE SAYS. YOU CAN EXPLAIN THAT TO HIM
HE ISENCING NOW BUT HELP HIM OUT IN CASE HE NEEDS HELP.
>> THEN MR. CARILLO, IS THERE IS ANY TIME I SAY SOMETHING YOU DON'T UNDERSTAND OR ANYBODY ELSE, PAUSE ME SO WE CAN MAKE SURE WE'RE ALL ON THE SAME FOOTING HERE. OKAY.
>> YES, MA'AM. >> CAN YOU TELL US THE NATURE OF THE VIOLATION THAT YOU OBSERVED?
>> IT WAS A VEHICLE PARKED IN THE GRASS WHICH WOULD BE PARKED ON RIGHT OF WAY AT CAUSEWAY PARK.
>> THE LOCATION WHERE THE VEHICLE WAS PARKED WAS NOT AN APPROVED PARKING SPACE WITHIN THE CITY.
>> CORRECT. >> DID YOU TAKE ANY
PHOTOGRAPHS OF THE VEHICLE. >> YES, MA'AM.
>> OKAY. WHILE WE'RE SHOWING THEM TO THE RESPONDENT, DID THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> CAN YOU TELL US ALSO THE LOCATION AND THE DATE OF THE OFFENSE?
>> IT WAS JUNE 14 AT CAUSEWAY PARK, SOUTH
CAUSEWAY PARK. >> AT THIS TIME, WE WOULD MOVE THE PHOTOGRAPHS IN AS CITY'S 1 COMPOSITE.
>> IT WILL BE ADMITTED. >> IS THERE ANYTHING THAT YOU WANT TO SAY ABOUT THE PHOTOGRAPHS OR ANYTHING ELSE
THAT HAPPENED THAT DAY? >> NO, MA'AM.
>> HAVE THEY SEEN THE PHOTOGRAPHS? DID YOU ALL SEE THESE PHOTOGRAPHS? ALL RIGHT. SO MR. CARILLO, HOW DO YOU
RESPOND TO THE ALLEGATIONS? >> MY DAD WANTS TO PAY THE VIOLATION, HE UNDERSTANDS WHAT HAPPENED.
AT THE TIME MY BROTHER WAS DRIVING THE TRUCK.
HE WASN'T THERE AT THE MOMENT BUT HE IS OKAY WITH PAYING AND HE ALREADY TOOK CARE OF MY BROTHER.
>> OKAY. THEN YOU'VE PAID THE TICKET?
>> NO, WE'VE BEEN TRYING THE TO E-MAIL IT AND WE HAVEN'T GOTTEN A RESPONSE. WE DON'T KNOW WHAT TO DO.
THAT'S WHY WE'RE HERE. >> I'LL DO SOMETHING A LITTLE BIT DIFFERENT. I DID DISMISS THIS DEPENDING UPON YOU PAYING THE TICKET. CAN YOU PAY IT?
>> TODAY. >> TICKET HAS TO BE PAID WITHIN 24 HOURS. IF IT'S PAID WITHIN THE 24 HOUR PERIOD, I'LL DISMISS THE CITATION.
BUT IF IT'S NOT, YOU ARE GOING TO HAVE TO COME BACK IN HERE OR YOU MAY INCUR OTHER PENALTIES, TOO.
>> WE WANT TO PAY. >> SIR, IF YOU GO WITH MISS JAMIE HER WE CAN TAKE YOU UP TO FINANCE AND IT CAN BE ADDRESSED BEFORE YOU LEAVE THE BUILDING.
[00:20:01]
>> WE'VE CASE 20-1956. MORISSETTE FOR THE F.P.ASSOCIATES 2009 U.S. HIGH 1.
>> WE FAILED TO ADD THIS ONE TO THE AGENDA STATE BUT YOU ARE PROVIDED A COVER SHEET AT THE BEGINNING OF THE
HEARING. >> YOU GAVE ME CITATION.
OKAY. >> WHAT IS YOUR NAME PLEASE.
>> PETERS FELDMAN. >> WERE YOU PREVIOUSLY
>> THANK YOU. >> ARE WE READY?
>> HEATHER DEBEVEC, THIS IS CASE NUMBER 20-1956 FOR A.
C. C. O. C. L. L. C. GOING TO BE AN OFFENSE TO PROTECTIVE TREATMENT. I WAS REQUESTING THEY PAINT THE BACK OF THE BUILDING AS IT'S BARE CINDER BLOCK AND MISMATCHED PAINT. IF THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $100 A DAY BE ASSESSED.
I DON'T HAVE PHOTOS THIS MORNING OF THIS -- THIS WAS NOT ON THE SCHEDULE. I DID SPEAK WITH MR. FELDMAN THIS MORNING. HE IS STATING HE WANTS MORE TIME TO PAINT THE BACK AS HE PLANS ON OTHER AREAS OF THE PLAZA HAVING SOME ADDITIONAL CONSTRUCTION.
AND HE WANTED TO PAINT ALL AT ONE TIME RATHER THAN DO
THIS IS -- HEATHER DO YOU HAVE THE PHOTOS THAT YOU ORIGINALLY TOOK THAT YOU CAN SUBMIT? YOU DON'T HAVE CURRENT ONES BUT --
>> THEY ARE FROM AUGUST. >> OKAY.
SUBMIT THEM SO THAT THE SPECIAL MAGISTRATE UNDERSTANDS WHAT IS BEING DISCUSSED.
[INAUDIBLE] >> SPECIAL MAGISTRATE, WE'D MOVE THESE IN AS CITY'S 1 COMPOSITE.
IF I CAN HAVE A MOMENT, I'LL GO AHEAD AND LABEL THE
INDIVIDUAL PHOTOGRAPHS. >> THAT'S FINE.
>> WHILE SHE IS DOING THAT IF I COULD PROVIDE MORE
>> YOU PREVIOUSLY HEARD A CASE AT THIS LOCATION.
ONE OF THE REQUIREMENTS WAS THAT THE BUILDING BE PRESSURE WASHED, AND THAT WAS COMPLETED.
UNFORTUNATELY, THEN WHAT HAPPENED IS THE BACK OF THE BUILD SOMETHING NOW BARE. THAT WAS' NOT ADDRESSED IN THE PREVIOUS CASE. SO NOW THAT WE HAVE THE BARE CONCRETE BECAUSE OF THE PRESSURE WASHING, WE YOU FEEL HAD TO OPEN UP A SEPARATE CASE AND SO HE IS BACK BEFORE YOU ON A NEW CASE RELATED TO THE OLD CASE. BUT IT'S NOT THE SAME.
IT'S A SEPARATE CASE FOR THE CINDER BLOCKS THAT NOW IS PRESSURE WASHED BUT BECAUSE IT IS, IT NEEDS TO BE
THIS WILL BE ADMITTED AS CITY'S COMPOSITE 1.
STATE YOUR NAME. >> PETER FELDMAN.
>> HOW DO YOU RESPOND TO THE ALES?
>> -- ALLEGATIONS? >> I RESPOND THAT THE BILLING HAS BEEN PRESSURE WASHED.
WE DON'T AGREE THAT IT IS FULLY NEEDS TO BE FULLY REPAINTED. BUT WE DO AGREE IT WILL BE REPAINTED AT, IF WE'RE ASKING FOR TIME.
THE ORIGIN ORDER WAS THAT THE PRESSURE WASHING DOES NOT REMOVE MOLD AND MILDEW, IT WILL BE NECESSARY TO PAINT THE BACK OF THE BUILDING.
WELL, WE DID PRESSURE WASH IT.
AND WE HAVE THE TESTING REPORTS HERE THAT SHOW THERE WAS NO MOLD ON THE BUILDING AT ALL.
AFTER WE PRESSURE WASHED IT. SO WE DID COMPLY WITH THE ORIGINAL ORDER SAYING THAT GET RID OF THE MOLD.
OKAY. THE ORDER DID SAY PAINT THE
[00:25:02]
FRONT OF THE BUILDING WHICH WE DID DO.AS FAR AS WE'RE CONCERNED, YES, IT DOESN'T LOOK PERFECT. THERE ARE OPEN AREAS WHERE THE PRESSURE WASHING TOOK SOME OF THE PAINT OFF.
SO WE AGREE IN THAT RESPECT. WHAT WE'RE ASKING FOR BECAUSE OF THE NATURE OF THE WORK WE'RE DOING AT THE PROPERTY, THAT WE HAVE ADDITIONAL TIME TO PAINT THE BACK OF THE BUILDING. WE ARE IN THE PROCESS.
OKAY ON THE BILLING. WE HAVE ANOTHER DOLLAR 270,000 THAT IS BEING PLANNED FOR THE FRONT OF THE BUILDING INCLUDING NEW LIGHTING.
WE WERE PLANNING TO DO THIS PAINTING BY NOW, BUT TWO NEW TENANTS COMING IN THAT WE WERE NEGOTIATING LEAFS WITH WENT INTO SUSPENSION WHEN COVID CAME UP.
WE'RE PERSONNED BACK. ON TOP OF THAT WE LOST 2 EXISTING TENANTS DURING THIS PERIOD.
SO WE HAVE TRIED TO COMPLY WITH EVERYTHING THAT THE CITY HAS ASKED US FOR, BUT RIGHT NOW, WE'RE, TO SPEND ANOTHER $20,000 TO PAINT THE BACK OF THE BUILDING AND THEN CUT UP A GOOD PORTION OF IT WHEN WE START TO PUT NEW TENANTS IN, WE JUST FEEL IS UNNECESSARY AT THIS TIME CONSIDERING ALL THE OTHER WORK THAT WE'RE DOING.
SO WE'RE ASKING FOR A POSTPONEMENT UNTIL MIDDLE OF JUNE TO FINISH PAINTING THE BACK OF THE BUILDING.
AT THAT TIME, WE WILL HAVE IT -- WE WILL COMPLY WITH THE PAINTING OF THE BACK OF THE BUILDING WHETHER WE HAVE NEW TENANTS IN IT. SO, BUT WE HAD COME PLIED WITH THE REQUIREMENT. THEY SAID THERE WAS MOLD AND THERE WAS NONE. WE SPENT MONEY TO HAVE THAT TAKEN CARE OF. SPECIAL MAGISTRATE, WITH ALL THE EXPENDITURES WE HAV AND WITH EVERYTHING THAT WE'RE GOING THROUGH, WE'RE ASKING JUST FOR A DELAY TO NEXT JUNE TO PAINT THE BACK OF THE BUILDING.
IT IS NOT LIKE THE BUILDING IS RAW IN THE BACK, THERE ARE BLOTCHES OF OPEN BRICK. IF YOU LIKE, HERE IS THE --
HERE IS THE MOLD REPORTS. >> THAT IS NOT BEFORE ME.
IT'S JUST THE PAINTING. HAVE YOU DISCUSSED THIS WITH MISS DEBEVEC THAT YOU NEEDED --
>> SHE WAS SPECTACULAR IN COMMUNICATING WITH US, WE TRIED TO DO THE SAME WITH HER.
WE HAVEN'T DISCUSSED THIS UNTIL THIS MORNING.
THERE WAS CONFUSION WHEN WE WERE GOING TO HAVE THE HEARING. SO I DIDN'T THINK I CAN SAY SPECIFICALLY THAT I ASKED HER FOR A JUNE 30TH EXTENSION, NO, I'VE NOT. OKAY.
I HAD BEEN IN DISCUSSION WITH OTHER THINGS WE'RE
DOING ON THE PROPERTY. >> OKAY.
HOW DOES THE CITY FEEL ABOUT A JUNE 30TH EXTENSION?
>> SPECIAL MAGISTRATE, IF YOU CAN BEAR WITH US A MOMENT. I'M JUST BEING FORWARDED -- RENEWAL OF DECLARATION OF PUBLIC HEALTH EMERGENCY FROM THE GOVERNOR LOOKS LIKE. OR FROM THE STATE SURGEON GENERAL. SO --
>> SPECIAL MAGISTRATE, CAN I HAVE A MOMENT TO CONFER?
SURE THAT MESSAGE APPLIES TO ALL OF US IN HERE IN SOME
SORT OF WAY. >> THIS WAS, LOOKS LIKE IT WAS SENT OUT AT 9:01 THIS MORNING.
SO IT'S BRAND NEW. >> WE COULD GO OFF THE RECORD, MADAM CLERK, WHILE THEY DO 9:34.
BEAR WITH US A MINUTE, MR. FELDMAN.
[PAUSE] >> I REMEMBER US TALKING
[00:30:06]
>> WE'RE BACK ON THE RECORD. >> MA'AM.
>> OKAY. I DON'T BELIEVE THE ORDERS FROM THE STATE ARE GOING TO RAY PLY HERE.
-- ARE GOING TO APPLY HERE BUT STAFF DOES UNDERSTAND THAT YOU ARE GOING TO -- I BELIEVE WHEN I SPOKE TO YOU YOU INDICATED YOU ARE PUTTING HOLES IN THE BACK OF THE BUILDING? NEW DOORS.
>> WHEN YOU GET TO THE KMART WE'RE PROBABLY GOING TO PUT
NEW DOORS IN AT SO FORTH. >> WHEN DO YOU ANTICIPATE
DOING THAT TYPE OF WORK? >> I'M IN THE PROCESS OF FINISHING NEGOTIATION ONS LEASES SO I'M GOING TO GIVE YOU THE TIME FRAME. IF THESE GET DONE BY DECEMBER, CLAIMS ARE SUBMITTED, PERMITS ARE IRISH SHOED THAT WOULD PROBABLY BE BY JUNE.
WE'RE GOING TO SUBMIT TODAY WHETHER THOSE LEAFS ARE DONE OR -- LEASES ARE DONE OR PERMITS ARE ISSUED TO PAINT THE BACK OF THE BUILDING BY JUNE.
WE'LL HAVE IN OTHER WORDS WE'LL WORK AROUND GETTING THE PERMISSION. IT TAKES 3, 4 MONTHS TO GET A PERMIT FROM THE BILLING DEPARTMENT FOR A 40,000 SQUARE FEET. IF TWO TENANTS WANT 20,000 AND ONE WANTS 16,000 SQUARE FEET.
IN ANY CASE WE RECOGNIZE WE HAVE TO REPAINT IT AND WE'LL WORK AROUND IT BUT WE'D LIKE TO HAVE AT LEAST A SHOT TO NOT TO DO IT UNTIL JUNE. WE'RE IN THE MIDDLE AS I SAID, OF PUTTING -- WE FOUND A WELL, PUTTING IN A PUMP TO RELANDSCAPE THE FRONT OF THE CERTAINTY OR THE ISLANDS.
PUTTING IN A NEW ROAD UNITING UNDER CANOPIES.
NEW LANDSCAPING ON THE FRONT OF U.S. 1 AND AFTER A WALL DOLLARS BUILD UP. SO IT'S JUST A TIMING ISSUE
FOR US TO, TO JUNE. >> SPECIAL MAGISTRATE, WHAT IS BEING ASKED IS AN 8-MONTH AND STAFF IS NOT SUPPORTIVE OF THAT REQUEST. BUT WHAT STAFF WOULD BE SUPPORTIVE OF IS A CONTINUATION OF FOUR MONTHS AND COME BACK BEFORE YOU IN FOUR MONTHS AND THAT TIME, PERSONALLY, I WOULDN'T ASK FOR SOME TYPE OF UPDATE SHOWING SOME TYPE OF PROGRESS EITHER TOWARDS THE LEASES OR TOWARDS SUBMITTING AN APPLICATION FOR WORK.
GETTING A PERMIT APPLICATION IN HOUSE.
TO JUSTIFY CONTINUING FOR AN ADDITIONAL 4 MONTHS.
>> I'LL GO ALONG WITH THAT. I'M TRYING TO MEET EVERYBODY HALF WAY. AND WE WILL --
>> IN FOUR MONTHS THERE IS APPLICATIONS, PERMIT APPLICATIONS IN HOUSE THAT ARE ACTIVELY BEING ADDRESSED. YOU KNOW THEN STAFF WOULD BE MUCH MORE SUPPORTIVE OF A FURTHER CONTINUE WITNESS BUT WE ARE GO -- WINNANCE BUT WE'RE GOING TO --
CONTINUANCE -- >> WE'RE NOT LOOKING TO GET OUT OF IT. WHETHER IT'S 4 OR 8 MONTHS WE'LL BE GLAD TO WORK WITH THE CITY TRYING TO COMPLY TO
GET THINGS DONE. >> MARCH 3 WOULD BE 4
THEN BASED UPON THE STATION BETWEEN THE CITY OF FORT PIERCE AND MR. PETER FELDMAN REPRESENTING MORRIS SET ENECK L.L.C.I'LL CONTINUE THIS MATTER FOR FOUR MONTHS TO SEE WHERE WE ARE IN TERMS OF WHAT YOU ARE TRYING TO DO WITH THE OLD LEASE KMART SHOPPING PLAZA.
NEXT HEARING DATE WILL BE MARCH 3.
YOU'LL GET A NOTICE IN THE MAIL.
STAY IN TOUCH WITH STAFF AND HOPEFULLY THIS WILL RESOLVE
>> THANK YOU. >> THANK YOU VERY MUCH, I
APPRECIATE YOUR HELP. >> THANK YOU.
>> SPECIAL SPECIAL -- MAGISTRATE.
I WANT TO CLARIFY SOMETHING. ING IN I SAID WAS MISLEADING IN ANY WAY. AS OF RIGHT NOW, I'VE NOT RECEIVED ANYTHING NEW DIRECTLY FROM THE GOVERNOR'S OFFICE REGARDING THE EXTENSION OF ANY PRIORITY DECLARATION OF EMERGENCY. WHAT I HAVE RECEIVED IS A DOCUMENT ISSUED FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH RENEWING A PRIOR DECLARATION OF PUBLIC HEALTH
[00:35:03]
EMERGENCY. SO THAT IS A DIFFERENT SEPARATE DOCUMENT. I WANTED TO CLARIFY THAT.I DON'T THINK IT HAS ANY DIRECT BEARING ON THE LAST HEARING OR ANY OF OUR FUTURE HEARINGS, BUT I WANTED TO
PUT THAT ON THE RECORD. >> THANK YOU.
THANK YOU FOR THAT CLARIFICATION.
ACTUALLY, I WAS CONSIDERING WHAT IS GOING TO HAPPEN IN
>> THAT'S ANOTHER BALL GAME ALL TOGETHER.
>> YES, MA'AM. >> NEXT CASE MADAM CLERK, THANK YOU, SUFFER, FOR COMING.
>> NEXT CASE IS A TELEPHONE CONFERENCE.
AND IT'S CASE 20-1328, 1440 NORTH LAWNWOOD CIRCLE.
[C. 20-1328 CE 1440 N Lawnwood Circle I BIG LLC (TELEPHONE CONF) Maximillion Lewis]
I. BIG LLC. I HAVE TO MAKE MAKE A CALL,PLEASE. >> GOOD MORNING, SPECIAL
MAGISTRATE. >> GOOD MORNING, MR. LEWIS.
WHEN YOU ARE READY. >> WE HAVE TO MAKE A PHONE
>> WE'RE SORRY -- (DIAL TONE).
(PHONE DIALING). (PHONE RINGING).
>> YES, HELLO. >> HI, THIS IS PEGGY WITH THE CITY OF FORT PIERCE CODE ENFORCEMENT.
WHO ARE WE SPEAKING WITH? >> --
[INAUDIBLE] >> YOU ARE ON THE SPEAKER PHONE AND IN FRONT OF THE SPECIAL MAGISTRATE FRAN ROSS. AND WE'RE READY TO HAVE YOUR
SO WE'RE GOING TO START WITH COLLEEN IS GOING TO SWEAR
>> SIR, WOULD YOU PLEASE RAISE YOUR RIGHT HAND AND
STATE YOUR NAME FOR ME. >> IT'S OLAFUR-U-L-A-F-S-S-O-N
SIR, THE CITY IS GOING TO PRESENT THEIR CASE THEN YOU'LL HAVE THE OPPORTUNITY TO SPEAK, OKAY?
>> OKAY. >> HOW ARE YOU, GOOD MORNING. THIS CASE IS 20-1328, 1440 NORTH LAWNWOOD CIRCLE, I. BIG L. L. C. THE CASE INITIATED JUNE 17, 2020. THE OTHER THAN OF IBIG L. L.
C. , THE VIOLATIONS WITH SECTION 22194 TREE PROTECTION AND MITIGATION.
THERE ARE NO CORRECTIVE ACTIONS BECAUSE OF THE IRREVERSIBLE NATURE OF THE VIOLATION.
THE RECOMMENDATION IS THE CITY REQUEST THAT THE SPECIAL VIOLATOR BE GIVEN 0 DAYS TO COMPLY AND A FINE OF $5,000. THE EXCESS IS RECOMMENDED BY THE CITY'S -- [INAUDIBLE]
>> MR. BERTRAM, IF YOU COULD COME FORWARD AND TESTIFY TO
WHAT HAPPENED. >> WE WENT OUT.
THE TREE WAS REMOVED. REMEASURED WHAT WAS' LEFT OF THE STUMP AND THEN THERE WAS NO PERMIT PUT IN TO REMOVE
THE TREE. >> WHAT KIND OF TREE WAS IT?
>> AN OAK. IT WAS -- IT WAS CUT TO THE GROUND. SOMETIMES IT'S HARD TO TELL.
>> OKAY. >> PAUL, DID YOU SPEAK WITH MR. OLAFUR? [INAUDIBLE]
>> IT WAS JUST ONE TREE? >> CORRECT.
>> WE HAVE PICTURES? THANK YOU.
[00:40:03]
>> HAS THE COPY OF THE PHOTOGRAPHS BEEN SENT TO THE RESPONDENT? I WAS GOING TO SAY WE CAN
>> SPECIAL MAGISTRATE, AGAIN TO AVOID ANY IMPROPER EXPARTE COMMUNICATION, I WOULD LIKE TO HAVE THE RESPONDENT HAVE A CHANCE TO VIEW THE PHOTOGRAPHS BEFORE WE ATTEMPT TO SUBMIT THEM INTO EVIDENCE.
>> DO YOU HAVE ACCESS TO THE INTERNET?
IF YOU-- IS THERE ANY CHANCE YOU CAN GO TO THE CITY OF FORT PIERCE.COM AND LOOK AT THE VIDEO BECAUSE WE CAN PUT THE PHOTOS UP ON THE SCREEN THAT YOU CAN SEE THEM.
>> IT'S THE CITY OF FORT PIERCE.COM ALL SPELLED
>> THEN IF YOU PAGE DOWN A LITTLE BIT, THERE IS A LITTLE, THERE IS A LINK FOR VIDEOS.
>> YEAH. >> YOU SHOULD BE ABLE TO
GIVE ME A SECOND HERE. [PAUSE]
>> WHILE WE'RE DOING THAT WAS MR. BERTRAM PREVIOUSLY SWORN? I DON'T KNOW IF YOU PUT THAT ON THE RECORD. WERE YOU SWORN IN THIS
>> OKAY. >> DO ONE PICTURE AT A TIME.
DO YOU SEE WHAT I'M DOING? >> YES.
>> JUST DO TWO PHOTOS THEN DO OTHER 2 PHOTOS.
IF YOU LET US KNOW WHEN YOU CAN SEE WHAT'S ON THE
>> OKAY. >> THE OTHER TWO PHOTOS PLEASE. NO.
OKAY. DO YOU SEE THE NEW PHOTOS?
SIR, DO YOU SEE THE NEW PHOTOS?
>> I WANT TO MAKE SURE THAT YOU ARE SEEING THE PHOTOS.
SIR, DO YOU HAVE ANY OBJECTION TO THESE PHOTOS?
>> MOVE THE PHOTOS IN AT THIS TIME AS CITY'S ONE
COMPOSITE. >> MR. LARSON, CAN YOU TELL ME WHY YOU DIDN'T GET A PERMIT?
WHY YOU CUT THE TREE DOWN? >> I DIDN'T KNOW THERE WAS A PERMIT REQUIRED. I ASSUMED THAT THE TREE WAS ON MY PROPERTY SO I ASSUMED IT WAS MY RESPONSIBILITY TO HAVE IT REMOVED. I DIDN'T KNOW A PERMIT WAS REQUIRED: I NEVER THOUGHT IT WOULD BE REQUIRED BECAUSE IT WAS INSIDE MY PATIO BUT -- YOU KNOW, IT WAS JUST
SOMETHING I WASN'T AWARE OF. >> IS -- I DON'T KNOW THE ORDINANCE, I'M NOT FAMILIAR WITH THE ORDINANCE.
I ASSUMED THAT THE TREE IN MY COURT-YARD AN THAT IT WAS MY RESPONSIBILITY AND I COULD REMOVE IT IF NEEDED.
I HAD NO IDEA. >> IS THERE IS HOME OWNERS
ASSOCIATION IN THE COMPLEX? >> THERE IS A HOLM OWNER
ASSOCIATION. >> THESE WILL BE ADMITTED AS CITY'S COMPOSITE 1 IF I HAVEN'T STATED IT.
I DON'T HAVE ANY FURTHER QUESTIONS FROM YOU.
>> DO YOU WANT TO ADD ANYTHING TO WHY YOU ARE ASKING FOR $5,000 FOR THIS TREE?
>> WE'VE MEASURED THE TREE AND THEN THE CITY'S
[00:45:05]
ORDINANCE SAYS THAT THAT'S WHAT WE CHARGE FOR MITIGATION FOR TREES THAT ARE REMOVED IN CONSTRUCTIONS OR ANY OTHER AREAS THAT WE REMOVE TREES IS $250 PER ACUBIC INCH -- >> MR. -- MR. PARSON, DID
YOU HEAR THAT? >> YES, I HEARD THAT.
>> HOW DO YOU RESPOND TO THE CITY'S REQUEST FOR YOU TO PAY $5,000 FOR REMOVING THIS TREE?
>> I THINK -- AGAIN I'M OKAY WITH PAYING A FINE BUT I THINK THAT IS EXCESSIVE. AGAIN, I ASSUMED THE TREE WAS MY RESPONSIBILITY. IT WAS IN MY COURT-YARD.
HI NO IDEA A PERMIT WAS REQUIRED BUT I'M -- YOU KNOW, I'M DETERMINED TO PAY A FINE BUT I THINK 5,000 IS
EXTREME. >> IT MAY SOUND EXTREME BUT THAT IS THE LAW UNFORTUNATELY.
SO -- >> I UNDERSTAND, I UNDERSTAND. I HAD NO IDEA A PERMIT WAS
REQUIRED. >> WHEN DID YOU FIND OUT
THAT YOU NEEDED A PERMIT? >> THE, THE CODE ENFORCEMENT OFFICIAL CAME BY AND TOLD ME THAT.
>> LET ME SEE HIS NAME. >> THAT WOULD THERE BE MAX
LEWIS. >> YES, YES, HE EXPLAINED
MR. LEWIS, DO YOU HAVE ANY FURTHER INPUT ON THAT?
>> NO, MA'AM. >> MISS RAY? AND MR. BERTRAM, YOU ARE ALWAYS SO INFORMATIVE.
THANK YOU. >> THERE IS A CONDO ASSOCIATION SO THERE IS NOT REALLY MUCH OF AN OPTION TO SAY THAT YOU CAN REPLANT SOMETHING ON THE PROPERTY OR ANYTHING LIKE THAT BECAUSE THE HOMEOWNERS ASSOCIATION HAS JURISDICTION OVER THAT. AND IT WOULD BE A PRETTY BIG CHORE TO GET EVERYBODY ON BOARD.
>> MR. BERTRAM, WHAT WOULD BE -- IF HE HAD SUBMITTED A REQUEST, WHAT WOULD YOU CONSIDER TO HAVE APPROVED A REQUEST OR WOULD THAT REQUEST HAVE BEEN DENIED?
>> IT'S HARD TO TELL BECAUSE IT'S TOO HARD TO SEE THE CONDITION OF THE TREE ONCE IT'S DEAD.
YOU KNOW, IT'S THERE. ALL WE CAN DO IS COME AFTERWARDS. IF WE WERE CALLED PRIOR WE
COULD HAVE MADE A DECISION. >> WHY DID YOU MAKE THE
DECISION TO REMOVE THE TREE? >> IT WAS, IT WAS DAMAGING MY FENCE. SO I HAD TO REMOVE THE TREE THEN GET A NEW FENCE INSTALLED.
SO, YOU KNOW, IT HAD TO BE REMOVED.
IT WAS PUSHING ON THE FENCE AND IT WAS DAMAGING THE FENCE. THEN I HAD A COMPANY INSTALL A NEW PENS AND I HAD PERMITS PULLED FOR THAT.
-- NEW FENCE. >> I'M STILL LOOKING AT THE STUMP. DID YOU GRIND THE STUMP? THE PHOTOS SHOW A STUMP STILL THERE.
>> I HAD A STUMP COMPANY COME IN AND REMOVE THE STUMP THERE WAS NO WAY TO PUT IN A NEW FENCE WITHOUT HAVING THE TREE AND THE STUMP REMOVED. IT WAS IN THE LINE OF THE FENCE LINE. SO HI TO HAVE IT REMOVED UNFORTUNATELY. I WOULD HAVE LIKED TO TRIM THE TREE BUT I HAD TO HAVE IT REMOVED AND THE STUMP REMOVED. IN ORDER FOR A NEW FENCE TO
>> I HAD THAT TREE TRIMMED MANY TIMES, BUT CAME TO A POINT WHERE IT HAD TO BE REMOVED.
AGAIN IF I WOULD HAVE KNOWN THERE WAS A PENALTY WAS INCURRED, I WOULD HAVE DONE THAT.
ANYTHING FURTHER FROM ANY OF THE PARTIES? ALL RIGHT. THEN, MR. LARSON, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIALS EXISTS AT 4400 NORTH LAWNWOOD CIRCLE AND YOU ARE
[00:50:03]
THE RESPONSIBLE PARTY. CITY IS ASKING THAT I FINE YOU $5,000 BASED ON THE CITY URBAN FORESTRY AND MR. PAUL BER TRAM'S RECOMMENDS AND HIS RECOMMENDATION IS BASED ON LOCAL AND OR CITY STATUTES GOVERNING THIS TYPE OF MATTER. I WILL NOT FINE YOU THE $5,000 BUT FINAL YOU $1500 FINAL REMOVING THE TREE -- FINE YOU FOR REMOVING THE TREE.YOU'VE 30 DAYS TO APPEAL MY DECISION, YOU CAN SET UP A PAYMENT PLAN WITH THE CITY AND MAKE ARRANGEMENTS TO PAY THE $1500. YOU HAVE 30 DAYS TO APPEAL
MY DECISION. >> SPECIAL MAGISTRATE, HOW MUCH TRIAL ARE YOU GRANTING% TO PAY THE $1500?
>> HOW MUCH TIME DO YOU NEED TO PAY IT?
>> IF I COULD GET MAYBE, MAYBE 90 DAYS.
>> I'LL GIVE YOU 90 DAYS TO PAY THAT $1500.
IF YOU CAN'T FAY YOU NEED TO LET THE CITY KNOW SO NO FURTHER ACTION WILL BE TAKEN IN THIS MATTER REGARDING THE NONPAYMENT OF THE FINE. OKAY.
SIR, BEFORE -- THAT ANY $1500 TO BE DEDICATED TO THE FREE FUND TO THE CITY OF FORT PIERCE.
>> MITIGATION MONEY GOES. >> IT'LL GO TO THE FREE FUND FOR THE CITY. THANK YOU.
>> OKAY. THANK YOU, SIR, YOU'LL RECEIVE A NOTICE IN THE MAIL.
>> THANK YOU. >> NEXT CASE, SPECIAL MAGISTRATE, WHILE THE EMERGENCY ORDER FROM MY UNDERSTANDING HAS EXPIRED AS OF YESTERDAY, I BELIEVE THROUGH THE REST OF THE MONTH WE'LL BE CONTINUING TO REQUEST CONTINUATIONS OF OUR FIRST HEARINGS THAT HAVE NOT AND. SO IF THE CLERK COULD READ IN ANY FIRST HEARINGS THAT DIDN'T APPEAR AND WE ARE GOING TO REQUEST A CONTINUATION.
[B. 20-1971 PK 3000 Block of Oleander Avenue Adamz Trucking Heather Debevec]
>> CASE 20-1971, ADDAMS TRUCKING.
[D. 20-1975 PK 3100 Block Oleander Avenue Lyles, Emmanuel Heather Debevec]
CASE 19, I'M SORRY, 20-1975, LYLES, CASE 20-1877, MILTON;[E. 20-1877 PK South Causeway Milton, Caitlin Marie Linares, Loexander Longa Isaac Saucedo]
CASE 20-1849, SEUBERLING. THAT'S IT.[F. 20-1849 PK South Causeway Park Seuberling, Nicholas James Isaac Saucedo]
>> OKAY. THOSE WILL BE CONTINUED.
>> I WANT TO SAY ON THE REPORT WE DO HAVE A NEW ORDER FROM THE GOVERNOR. I'VE NOT HAD A CHANCE TO
READ IT YET -- >> JUST CAME IN.
>> IT CAME IN AT 9:50 AM THIS MORNING.
SO -- OF COURSE, AGAIN I DON'T WANT TO MISLEAD
CONTINUATION REGARDLETS. >> OF COURSE.
>> CONTINUANCES ARE GRANTED IN THE CASES JUST CALLED.
>> THANK YOU. >> I APOLOGIZE FOR
INTERRUPTING. >> YOU ARE ALL RIGHT.
>> OKAY NOW GOING TO HAVE THE CASES NOT HERE, WE'RE
GOING TO PRESENT THEM. >> OKAY.
>> FIRST CASE WILL BE 20-1277, PORPOISE BEACH
[A. 20-1277 PK Porpoise Beach Rodriguez, Brianna Heather Debevec]
RODRIGUEZ. >> I BELIEVE THIS IS A PARKING CITATION, MAY I PROCEED?
>> YES. >> WHILE YOU ARE DOING THAT WERE YOU A I SIGNED TO CASE 20-1277.
>> YES. >> WAS THAT INITIATED ON MAY 7, 2020. YES.
>> WAS THAT INITIATED WITHIN THE CITY LIMITS OF FORT
>> ONCE YOU HAD A CHANCE TO REVIEW YOUR FILES CAN YOU TELL US THE NATURE OF THE VIOLATION YOU OBSERVED?
>> IT WAS A IMPORTANT OUTSIDE -- IMPORTANT OUTSIDE BEACH ACCESS WAS REFERENCE TO A VEHICLE PARKED OVER A SIDEWALK BLOCKING ACCESS ON THE SIDEWALK AND TO THE SHOWER AREA AND I DO HAVE PHOTOS.
>> DEPICTS WHAT YOU SAW? >> YES.
>> I'M NOTING THERE IS NO RESPONDENT PRESENT AND MR. DEBEVEC WERE YOU SWORN PREVIOUSLY?
>> YES, I WAS. >> GET IT ON THE RECORD.
>> OKAY. >> ANYTHING YOU WANT TO SAY
ABOUT THE PHOTOS? >> NO MA'AM.
>> THANK YOU. ANYTHING FURTHER? THERE BEING SO ONE HERE, THE CASE CALL AND THE OTHER THAN OF THE VEHICLE OR THE VIOLATOR IS BRIANNA RODRIGUEZ, OKAY. ALL RIGHT.
[00:55:01]
I FIND THAT NEITHER MISS ROG REGULAREZ OR -- RODRIGUEZ OR ANY REPRESENTATIVE FOR HERE IS IN THE BUILDING.BUT BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FINE THAT A VIOLATION EXISTS AND THAT THE TOTAL DUE IN THIS MATTER IS $50. I WILL ASSESS THAT AGAINST MR. RODRIGUEZ AND GIVE HER 60 DAYS TO PAY.
AND FAILURE TO PAY SUCH FINE WILL RESULT IN A CITATION BEING FORWARDED TO COUNTY COURT SYSTEM WHERE SHE MAY INCUR ADDITIONAL COSTS. 30 DAYS TO APPEAL.
>> YOU SAID 60 DAYS TO PAY? >> YES.
>> NEXT IS CASE 20-1359, 100 NORTH U.S. HIGH 1.
[B. 20-1359 PK 100 N US Highway 1 Jakab, Timothy Jakab, Joseph Heather Debevec]
JAKAB. >> WERE YOU YOU A SIGNED TO
>> WHAT DATE WAS IT INITIATED.
>> OF FORT PIERCE. >> YES, MA'AM.
>> WHAT WAS THE NATURE OF THE VIOLATION YOU OBSERVED?
>> IT WAS A BLACK CHEVY AVALANCHE PARKED ON TOP OF THE STRIPED LOADING AREA FOR THE HANDICAPPED SPACE.
>> THAT WAS NOT AN APPROVED PARKING SPACE.
>> CORRECT. >> DID YOU TAKE ANY
>> DO THEY FAIRLY AND ACCURATELY DEPICT WHEN YOU
>> AT THIS TIME WE NOTE THE PHOTOS BE ADMITTED NOTING THERE IS NO RESPONDENT THIS MORNING.
>> THANK YOU. ANYTHING FURTHER?
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT NEITHER TIMOTHY NOR JOSEPH JAKAB WAS PRESENT.
THE CASE WAS CONTINUED FROM ITS ORIGINAL COURT INDICATE WHICH WAS OCTOBER 7, 2020. I FIND THE VIOLATOR IS IN VIOLATION OF THE STATUTE PARKING CITATION IS GOOD.
I WILL GIVE THEM 60 DAYS TO PAY AND FAILURE TO PAY WILL RESULT IN A CITATION BEING FORWARDED TO THE COURTY COURT SYSTEM WHERE THEY WILL INCUR ADDITIONAL FEES AND COSTS. 30 DAYS TO APPEAL.
>> NEXT IS CASE 20-1445. CAUSEWAY PARK, OWL.
[C. 20-1445 PK Causeway Park Owl, Kalli Heather Debevec]
>> AGAIN WERE YOU ASSIGNED TO THE CASE?
>> YES, MA'AM. >> WAS THAT CASE INITIATED
ON JUNE 13, 2020. >> YES, MA'AM.
>> WITHIN THE CITY LIMITS OF FORT PIERCE.
>> YEM. >> WHAT WAS THE NATURE THE
VIOLATION? >> IT WAS SOUTH CAUSEWAY PARK. IT WAS PARKED BEHIND ANOTHER VEHICLE BLOCKING IT IN. THAT VEHICLE WAS PROPERLY
PARKED. >> SO THE VEHICLE THAT WAS ACTUALLY CITED WAS DOUBLE PARKED?
>> DID YOU TAKE ANY PHOTOGRAPHS?
>> I DID. >> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> THEY DO. >> WE WOULD MOVE PHOTOGRAPHS IN AT CITY'S COMPOSITE 1. NOTING FOR THE RECORD THERE
IS NO RESPONDENT PRESENT. >> THANK YOU, THEY WILL BE ADMITTED AND I DO NOTE THAT THE RESPONDENT NOR REPRESENTATIVE FOR THE RESPONDENT IS PRESENT.
ANYTHING FURTHER? BASED ON THE EVIDENCE AND TESTIMONY, PRESENTED I FIND THAT THE VIOLATION EXISTS AGAINST CALLISHES OWL. SHE WILL BE ORDERED TO PAY $50 FAILURE TO PAY SUCH FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.
I'LL GIVE 60 DAYS TO PAY. SIMPLY BECAUSE OF THE PLENTY COVID SITUATION IS WHY I GIVE THAT MUCH TIME.
[E. 20-1531 PK Jaycee Park Cowgill, Todd Heather Debevec]
NEXT CASE? >> 20-1531 JAYCEE PARK, KYLE
GILL. >> WERE YOU ASSIGNED TO CASE
>> WAS THAT INITIATED ON -- [INAUDIBLE]
>> YEM. >> WHAT WAS THE NATURE OF
THE VIOLATION YOU OBSERVED? >> VEHICLES PARKED IN THE BOAT AND TRAILER PARKING WITH NO TRAILER ATTACHED.
>> DID YOU TAKE ANY PHOTOGRAPHS OF THE VEHICLE?
>> I DID. THEY DO ACCURATELY DEPICT
WHAT I SAW. >> WE'D MOVE PHOTOS IN AS CITY'S COMPOSITE 1 NOTING THERE IS NO RESPONDENT
PRESENT THIS MORNING. >> THANK YOU.
I'LL NOTE NO RESPONDENT OR REPRESENTATIVE IS HERE ON BEHALF OF THE RESPONDENT. I FIND THAT A VIOLATION EXISTS AND THE VIOLATOR BE ASSESSED $50 FOR THE VIOLATION. FAILURE TO PAY SUCH FINE WILL RESULT IN A QUITATION BEING FORWARDED TO COUNTY COURT SYSTEM WHERE THE PARTY MAY INCUR ADDITIONAL COSTS.
I WILL GIVE THEM 60 DAYS TO PAY.
>> NEXT IS CASE 20-1559. CAUSEWAY PARK, MASTERSON.
[G. 20-1539 PK Causeway Park Masterson, Robert H Isaac Saucedo]
[01:00:07]
>> THIS IS AN APPEAL. >> MR. ISAAC SAUCEDO, WERE
YOU PREVIOUSLY SWORN IN? >> YES, I WAS.
>> WERE YOU ASSIGNED TO CASE NUMBER 20-1539.
>> I WAS. >> WAS THAT INITIATED OBJECT
>> WHAT WAS THE NATURE OF THE VIOLATION?
>> THE VEHICLE WAS PARKED IN A STRIPED AREA RIGHT BY THE DUMPSTER THAT WAS ON CAUSEWAY PARK.
HOWEVER, THIS I DO WANT TO MENTION THE CITATION WAS PAID AND HE SENT A LETTER STATING THAT HE WANTED TO APPEAL IT BUT HE HASN'T SHOWED UP EITHER TIME.
>> SO SPECIAL MAGISTRATE, I WILL TAKE THE POSITION THAT, I BELIEVE OUR CODE STATES THAT BY PAYING, THE RESPONDENT ESSENTIALLY ADMITTED THE VIOLATION.
SO I WOULD ARGUE THAT THE APPEAL SHOULD BE DISMISSED.
>> I WILL DISMISS THE APPEAL BASED ON THE TESTIMONY GIVEN
THANK YOU. >> THE LAST CASE IS 20-1439.
[H. 20-1439 PK Causeway Park Washington, Tanierya N Isaac Saucedo]
CAUSEWAY PARK, WASHINGTON. >> AGAIN WERE YOU ASSIGNED
>> WAS THAT CASE INITIATED WITHIN THE CITY LIMITS OF
>> WAS IT INITIATED ON JUNE 13, 2020.
>> YES. >> WHAT WAS THE NATURE OF
THE VIOLATION YOU OBSERVED? >> VEHICLE PARKED RIGHT IN FRONT OF THE NO PARKING SIGN AT SOUTH CAUSEWAY.
>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU
>> AT THIS TIME, NOTING NO RESPONDENT PRESENT, I WOULD, THE CITY WOULD MOVE TO ADMIT THE PHOTOGRAPHS FOR CITY'S 1
COMPOSITE. >> THEY WILL BE ADMITTED AS
SUCH. >> IS THERE ANYTHING MORE YOU WANT TO SAY ABOUT THE PHOTOGRAPHS?
>> NO, NO. >> ANYTHING FURTHER? ALL RIGHT THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT TANIERYA WASHINGTON IS RESPONSIBLE FOR THE VIOLATION.
SHE IS NOT PRESENT NOR IS THERE A REPRESENTATIVE.
SHE WAS SCHEDULED TO APPEAR ON OCTOBER 7TH BUT DIDN'T.
THE CASE WAS CONTINUED BECAUSE OF THE COVID VIRUS BUT I'LL FINE HER $50 FOR THE PARKING VIKES SHE HAS 60 DAYS TO PAY, FAILURE TO PAY WILL BE, WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE MAY INCUR ADDITIONAL FEES AND COSTS.
>> OKAY. >> I BELIEVE WE DID THEM
MADAM CLERK, HOW WERE THEY NOTIFIED?
>> CASES REQUIRED A HEARING PER STATE STATUTE 162, 12, A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL, IF THE GREEN CARD IS RETURNED SIGNED IT'S PLACED IN THE FILE. IF IT'S RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT WITH 9 NOTICE OF HEARING ENCLOSED IS SENT REGULAR U.S. MAIL BE 10 DAYS PRIOR TO THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL. A NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH APPEAR AFFIDAVIT OF POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING THE POSTING IS COMPLETED AND THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE, NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR. IF THE GREEN CARD IS RETURNED INSIDE, UNCLAIMED ORB NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE
BULLETIN BOARD IN CITY HALL. >> OKAY.
ANYTHING FURTHER? >> WE'RE ADJOURNED.
>> THANK YOU. >> THANK
* This transcript was compiled from uncorrected Closed Captioning.