Dec 16, 2020 Special Magistrate Hearing

>> ARE WE READY? THIS SPECIAL MAGISTRATE HEARING OF 12/16 IS NOW CALLED

[1. CALL TO ORDER]

[00:00:07]

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IS STANDS. ONE NATION, UNDERGOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU.

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

>> COLLEEN, IF YOU WOULD LIKE TO READ IN THE CASES THAT ARE COMPLIED ORIE SCHEDULED?

OR RESCHEDULED. >> WE HAVE A STIPULATION OF 20-2674.

THAT IS 7045 OKEECHOBEE ROAD. WE ARE PULLING CASE 20-2410 WHICH IS 5550 OKEECHOBEE ROAD. WE ARE PULLING CASE 20-1981 AND SOUTH CAUSEWAY PARK.

IT IS A PARKING TICKET FOR PV HOLDING CORPORATION. AND WE ARE CONTINUING CASE

20-970 AND 20-883 UNTIL 2-20-21. >> 120.

>> OH, I THOUGHT YOU SAID 2-20. >> NO, SECOND MEETING IN

JANUARY. >> THAT'S JANUARY 20TH OF 2021.

AND WE HAVE ONE CASE PRESENT AND THAT IS MASSEY RECALL. THAT IS 19-2390 AND 1710

SUNRISE BOULEVARD AND TOUSSAINT. >> AND COLLEEN, THEY BOTH NEED

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

TO BE SWORN IN? >> YES, SIR. PLEASE RAISE YOUR RIGHT HAND

AND STATE YOUR NAME. >> TOUSSAINT. >> DO YOU SWEAR THE TESTIMONY

YOU ARE ABOUT TO GIVE IS THE TRUTH? >> AND ISAAC.

>> ISAAC, PLEASE RAISE YOUR RIGHT HAPPENED AND STATE YOUR NAME FOR THE RECORD.

>> ISAAC SAUCEDO. >> DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE

THE TRUTH? >> YES. >> THANK YOU.

[A. 19-2390 CE Recall - Massey 1710 Sunrise Blvd Toussaint, Michelot Isaac Saucedo]

>> GOOD MORNING. THIS IS CASE NUMBER 19-2390. IT IS 1710 SUNRISE BOULEVARD.

THE CASE WAS INITIATED BY MYSELF ON AUGUST 22ND, 2019.

ON 2-5-2020 THE CASE CAME IN FRONT OF THE SPECIAL MAGISTRATE ROSS.

IT WAS REQUESTED BY MR. TOUSSAINT TO SEE IF THE CASE WOULD STOP ACCRUING.

IT WAS DENIED. THE CASE CAME BACK TO SEE IF HE COULD OBTAIN SOME FINANCIAL ASSISTANCE OR A CONTRACT OR A PERMIT TO SEE IF SOME SORT OF WORK WAS DONE ON THE ROOF.

THE VIOLATIONS ARE FOR IPMC 304.7 FOR ROOVES AND DRAINAGE.

ON DECEMBER OF 2019 AN INSPECTION WAS MADE. THE PROPERTY WAS NOT IN COMPLIANCE AT THE TIME AND THAT'S WHEN THE FINES BEGAN. ON JANUARY 3RD, 2020 MR. TOUSSAINT SUBMITTED REQUESTS TO STOP THE ACCRUAL OF FINES.

FEBRUARY 5TH, 2020, THAT'S WHEN SPECIAL MAGISTRATE DENIED THOSE FINES -- OR DENIED THAT REQUEST. I'M SORRY. ON JUNE 1ST, 2020 AN INSPECTION WAS MADE AND THE PROPERTY WAS STILL IN VIOLATION AND NO PERMITS HAD BEEN PULLED. AT THE TIME ON JUNE 17, 2020, THE FINES WERE $27,150.

THE STAFF IS RECOMMENDING THAT DUE TO THE CURRENT COVID-19 PRICES, AN ADDITIONAL 90 DAYS BE GRANTED TO THE OWNER OR FAILURE TO COMPLY IN THIS TIME WILL RESULT IN A LIEN BEING FILED ON THE PROPERTY. I DO HAVE PHOTOS OF THE PROPERTY IF YOU WANT TO TAKE A

LOOK? >> SURE. >> DO YOU WANT TO LOOK AT THE

PROPERTIES OR THE PHOTOS? I'M SORRY. >> WHEN WERE THOSE PHOTOS

TAKEN? >> YESTERDAY. >> SPECIAL IMAGINE STATION -- MAGISTRATE. WE MOVE THE PHOTOS IN AS CITY'S 1 FOR THE PURPOSES OF

THIS HEARING. >> THREE? FOUR.

FOUR PHOTOS WILL BE ACCEPTED INTO EVIDENCE AS CITY'S COMPOSITE 1.

[00:05:11]

>> DO YOU WANT TO SEE THE PHOTOS? >> NOT AT THE MOMENT.

NO. I'M SURE IF THERE IS SOMETHING MR. TOUSSAINT WOULD LIKE TO.

>> I MEAN, IF IT WAS UP TO ME, IT WOULD BE DONE BY NOW, BUT THE INSURANCE COMPANY IS WORKING ON IT. MY LAWYER IS WORKING ON IT AND THE INSURANCE COMPANY SAYS THEY HAVEN'T BEEN MADE ANY DETERMINATION YET. I ASK HIM -- I ASK FOR ASSISTANCE SOMEWHERE ELSE AND THEY SAID NO TO WAIT FOR THEM.

AT THIS TIME I WAIT FOR THEM AND SEE WHAT HAPPENS. IN THE MEANTIME IF IT IS

POSSIBLE TO STOP ANY FEES OR ANYTHING. >> THE STAFF IS RECOMMENDING

THAT YOU HAVE AN ADDITIONAL 90 DAYS, IS THAT CORRECT? >> CORRECT.

>> FOR YOU TO COMPLY. 90 DAYS GIVES YOU SOME TIME TO GET THEM TO ACT.

>> THAT'S FAIR ENOUGH. YEAH. HOPEFULLY BY THEN THEY CAN

MAKE A DETERMINATION AND THEY CAN FIX IT. >> ANY OTHER --

>> NO. JUST TO ANSWER HIS QUESTION IN REGARDS TO STOPPING SOMETHING -- OR STOPPING THE FINES FROM ACCRUING, THAT REQUEST WAS DENIED BY THE SPECIAL MAGISTRATE SO UNFORTUNATELY WE CAN'T DO THAT. RIGHT NOW THE ONLY THING WE CAN DO IS GRANT THE 90 DAYS AND HOPEFULLY WITHIN THE 90-DAY PERIOD HE WILL HAVE A RESPONSE FROM THE ASSISTANT HE IS LOOKING FOR AND PERMITS ARE PULLED BY THEN AND FIX THE ROOF, BUT AT THE MOMENT UNFORTUNATELY THE FINES WOULDN'T BE ABLE TO BE

STOPPED. >> WOULDN'T BE ABLE TO BE STOPPED?

>> CORRECT. I DON'T KNOW IF HE HAS SOME SORT OF DOCUMENTATION TO

PRESENT? >> THE LETTERS ARE THE SAME LETTER FROM LAST TIME I CAME IN. IT SAYS -- IT JUST SAYS THEY HAVEN'T MADE A DETERMINATION

YET AND THEY ARE WORKING ON IT. >> IT HAS BEEN A LONGTIME.

>> DO YOU MIND IF I SEE THAT JUST TO MAKE SURE IT IS THE SAME ONE I HAVE IN YOUR FILE? IT IS THE SAME ONE. OKAY. IT IS THE SAME EXACT LETTER.

>> WHAT IS THE DATE OF THE LETTER? >> THE DATE OF THE LETTER OR

THE E-MAIL IS AUGUST 21ST OF 2020. >> AND THIS IS FROM THE

INSURANCE COMPANY SAYING THAT THEY HAVEN'T -- >> MY LAWYER PRESENT ME.

>> OH, OKAY. >> I DON'T KNOW IF YOU WANT ME TO READ THE --

>> SURE. >> SO PRETTY MUCH THE E-MAIL JUST STATES THAT THE DEADLINE FOR COVERAGE DETERMINATION WAS IN MAY. I DON'T REALLY KNOW WHAT OTHER PRIOR COMMUNICATION THEY HAD BECAUSE THIS IS ALL THAT IS IN THE FILE.

IT SAYS UNFORTUNATELY IT IS COMMON TO TAKE LONGER AND REQUESTED DOCUMENTATION IS NEEDED FOR DETERMINATION. WE HAVE COMPLIED WITH ALL OF THE DOCUMENTS WHEN WE REACHED OUT FOR A RESPONSE. SO WHAT IT SEEMS LIKE, IT LOOKS LIKE IT IS PROBABLY JUST PENDING AND ANY DOCUMENTATION HE COULD HAVE PROVIDED OR WHATNOT.

IT LOOK -- IT LOOKS LIKE THEY ARE JUST WAITING FOR SOME SORT OF DETERMINATION.

>> WELL, I WOULD HOPE THAT IN THE 90 DAYS THEY WILL DETERMINE SOMETHING.

>> THAT'S MY HOPE. >> I HAVE NO FURTHER. >> THERE IS NOTHING ELSE THEN. I ACCEPT THE STAFF'S RECOMMENDATION THAT YOU GET AN ADDITIONAL 90 DAYS AND HOPEFULLY SOMETHING WILL BE RESOLVED BY THEN.

THANK YOU. >> THANK YOU VERY MUCH. >> OKAY.

[00:10:12]

DO WE WANT TO DO SHAUN'S CASES NOW? >> SURE.

> LET ME FIND THE TELEPHONE NUMBER HERE. >> GOOD MORNING.

>> THESE ARE LOCAL NUMBERS? >> YES, MA'AM. >> JUST HANG UP.

>> DO YOU WANT TO GIVE IT ANOTHER FIVE MINUTES? >> I THINK THAT'S THE ONLY

PHONE NUMBER WE HAVE FOR HIM. >> 801-3760? >> CORRECT.

>> DO YOU WANT TO CALL MR. BIMOSHAY? >> YES, LET'S JUST TRY THIS

ONE. >> THEY ARE CALLING BACK. >> HELLO.

>> HI, THIS IS PEGGY WITH THE CODE ENFORCEMENT. >> WHO AM I SPEAKING WITH?

>> CURTIS RANDOLPH. >> I AM PASSING THIS OVER TO SEAN.

>> GOOD MORNING, ATTORNEY RANDOLPH. >> GOOD MORNING.

HOW ARE YOU DOING, SHAUN? >> GOOD. I NEED TO BE SWORN IN FOR THE

RECORD AND THEN WE WILL PRESENT YOUR CASES. >> OKAY.

PLEASE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.

>> SHAUN NCOSS. >> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO

GIVE IS THE TRUTH. AND WE NEED -- >> YES.

>> AND WE NEED TO GET MR. RANDOLPH. >> IS HE AN ATTORNEY ORIE

SPAWN DENT? >> RESPONDENT. >> STATE YOUR NAME FOR THE

RECORD. >> CURTIS RANDOLPH. >> I AND DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES, I DO. >> THANK YOU. >> GOOD MORNING, SPECIAL

[C. 19-1470 Bldg Massey 428 N 20th Street Randolph, Curtis Shaun Coss]

THE CASE IS 19-1470. THE CASE WAS INITIATED ON JUNE 11TH, 2019.

THE OWNER OF THE PROPERTY IS CURTIS RANDOLPH, 7807 SEBASTIAN ROAD, FORT PIERCE, FLORIDA. THE VIOLATIONS AT THE PROPERTY WERE THE INTERNATIONAL PROPERTY MAINTENANCE CODE 304.7, ROOVES AND DRAINAGE, AND 305.3, INTERIOR SURFACES AND WALKING SURFACES AND 604.3 AND ELECTRICAL SYSTEM HAZARDS, 304.2, PROTECTIVE TREATMENT.

THIS MATTER CAME BEFORE SPECIAL MAGISTRATE ROSS ON OCTOBER 15TH, 2019 AND A VIOLATION WAS RECORDED. ON DECEMBER 31ST, 2019, A 90-DAY EXTENSION OF TIME WAS REPORTED WITH THE COURT. AND ON MARCH 30TH, 2020 AFTER NO PERMITS HAD BEEN OBTAINED TO CURE THESE VIOLATIONS AN AFFIDAVIT OF NONCOME COMPLIANCE WAS RECORDED AND FINES BEGAN. ON MAY 11TH, 2020 THIS MATTER CAME BEFORE SPECIAL MAGISTRATE ROSS FOR A MASSEY HEARING AND THE FINES WERE STOPPED AT THAT TIME TO ALLOW THE RESPONDENT ADDITIONAL TIME TO COMPLY. THE FINES WERE STOPPED AT $4,230 INCLUDING $30 OF RECORDING FEES. THE PROPERTY IS NOW IN COMPLIANCE AS OF OCTOBER 28TH, 02020. 2020.

AND THE RESPAWN DEPARTMENT -- RESPONDENT REQUESTED A REDUCTION IN FINE.

ATTORNEY RANDOLPH ASK THE FINES BE WAIVED EXCEPT FOR THE RECORDING FEES OF $90.

[00:15:01]

AND THERE WERE TWO. THE STAFF'S RECOMMENDATION IS TO REDUCE THE FINE TO $578.62. THAT AMOUNT IS THE ADMINISTRATIVE COSTS MINUS

$800 FOR THE 16 MONTHS THAT THIS CASE WAS OPEN. >> SO $578.62.

DOES THAT INCLUDE THE $30? >> YES, MA'AM. >> THAT WOULD BE THE TOTAL?

>> THE TOTAL. >> MR. RANDOLPH, DID YOU WANT TO ADD ANYTHING?

>> NO, NOT REALLY. >> WELL, THEN I WILL FIND THAT $578.62 SEEMS LIKE A

REASONABLE AMOUNT. I WILL APPROVE THAT AMOUNT. >> OKAY.

AND HOW SHOULD IT BE PAID? >> 30 DAYS? >> STAFF IS AGREEABLE TO 30

DAYS. >> THAT WOULD BE PAYABLE IN 30 DAYS.

$578.62. >> OKAY. WOULD I JUST TAKE THE ORDER

OUT TO THE CITY? >> YES, SIR. IN FACT, IF YOU WISH TO PAY IT ONLINE YOU CAN CONTACT THE FINANCE DEPARTMENT AND THEY CAN SEND YOU THE INSTRUCTIONS

FOR PAYING ONLINE IF THAT'S YOUR OPTION TOO. >> OKAY.

>> SPECIAL MAGISTRATE, IS THERE ANY FURTHER INSTRUCTION IF FAILURE TO PAY WITHIN THE

TIME SPECIFIED? >> WHAT'S PAID? >> IS THERE ANY -- WHAT WOULD

HAPPEN IF IT IS TO THE PAID WITHIN THE TIME? >> IF IT IS NOT PAID, THEN I

GUESS IT WOULD BE REFERRED TO COUNTY COURT. >> THE ORIGINAL AMOUNT?

>> YES. >> MR. CURTIS, ARE YOU OKAY? >> YES, OKAY.

>> IN CASE YOU COULDN'T HEAR THAT. IF THE PENALTY IS NOT PAID WITHIN THE TIME ALLOTTED, IT WOULD REVERT BACK TO THE $4,230.

>> OKAY. >> THANK YOU. >> ALL RIGHT.

>> WE HAVE ONE MORE. >> OH, YOU HAVE ONE MORE? OKAY.

>> AND NEXT CASE IS CASE 19-2386 FOR 1604 NORTH 18TH STREET.

[D. 19-2386 Bldg Massey 1604 N 18th Street Randolph, Tommie & Curtis Shaun Coss]

304.13.1, GLAZE,, 605.2, ELECTRICAL RESEPTA CALS AND CITY ORDINANCE 5-1501.1, PERMIT REQUIRED. IT CAME BEFORE SPECIAL MAGISTRATE ROSS NOVEMBER 21ST, 2019 AND VIOLATION WAS ENTERED. JANUARY 9TH, 2020, 90-DAY EXTENSION OF TIME WAS RECORDED WITH THE RECORDER. AND APRIL 28TH, BETWEEN 20 AFTER NO PERMITS HAD BEEN ISSUE -- ISSUED TO CURE THE VIOLATION AN AFFIDAVIT OF NONCOMPLIANCE THE FINES BEGAN. THIS CAME BEFORE SPECIAL MAGISTRATE ROSS FOR A MASSEY HEARING. AT THAT TIME THE FINES WERE STOPPED TO ALLOW THE RESPONDENT ADDITIONAL TIME TO COMPLY.

AT THAT TIME ATTORNEY RANDOLPH INDICATED THAT HIS BLOWER -- HIS BROTHER, THE CO-OWNER COME ME RANDOLPH WAS INCARCERATED, AND WHILE WOULD NOT RECEIVE THE SPECIAL NOTICE OF VIOLATION. SPECIAL MAGISTRATE ROSS CONTINUED THE CASE UNTIL AUGUST 25TH, 2020. IT CAME BACK BEFORE SPECIAL MAGISTRATE ROSS AUGUST 25TH, 2020. BASED ON THE CURRENT SITUATION THERE WAS SOME HEALTH ISSUES

[00:20:01]

AT THE HEARING ON NOVEMBER 17TH, 2020, SPECIAL MAGISTRATE ROSS DISCLOSED THAT THERE WAS A CONFLICT OF INTEREST AND THAT THIS MATTER NEEDED TO BE REFERRED TO A DIFFERENT SPECIAL MAGISTRATE. IT IS HERE BEFORE YOU THIS MORNING FOR REQUEST FOR EXTENSION OF TIME. BEFORE I MAKE A RECOMMENDATION I WOULD LIKE TO RECEIVE AN UPDATE FROM ATTORNEY RANDOLPH.

>> OKAY. >> I WOULD NEED AN EXTENSION OF TIME ON IT.

CHECK WITH MR. DAVENFIELD AND THERE WAS SOMETHING ABOUT SOME ADDITIONAL COSTS AND WE DIDN'T HAVE THE MONEY ON THAT PARTICULAR TIME, BUT WE ARE WORKING ON GETTING THE MONEY TO DO SO. I THINK ANOTHER EXTENSION SHOULD HELP IN THE SITUATION

SO WE CAN GO AHEAD AND GET THE PERMIT APPROVAL. >> ATTORNEY RANDOLPH, HOW MUCH

TIME ARE YOU REQUESTING? >> I WANT TO SAY 60-DAYS, BUT JUST TO BE SURE 90 DAYS, AND THAT SHOULD DO IT. SOME GUYS WILL TELL YOU ONE THING AND THEN THEY DON'T FOLLOW-UP ON IT. I GUESS I MAKE SOME OF THEM UPSET, I GUESS I AM BADGERING

THEM OR WHATEVER TRYING TO GET IT DONE. >> SPECIAL MAGISTRATE, STAFF IS AGREEABLE TO THE 90 DAYS WITH A CONDITION THAT THIS WILL NOT BE CONTINUED FOR 90 DAYS. HOWEVER, IF A PERMIT IS NOT ISSUED WITHIN 90 DAYS THE FINES WOULD IMMEDIATELY RESTART AND A LIEN WOULD BE IMPOSED AT THAT TIME.

>> OKAY. >> SO 90 DAYS IS BEING EXTENDED, BUT -- IT IS WITH THE UNDERRING THAT A PERMIT WILL BE OBTAINED IN THOSE 90 DAYS.

>> ALL RIGHT. THANK YOU VERY MUCH. >> THANK YOU.

>> THANK YOU, SIR. >> THANK YOU. >> DO YOU WANT TO READ THE OTHER ONES IN FIRST OR GO AHEAD AND DO THE LIEN REDUCTION?

>> WE CAN DO THE LIEN REDUCTION. IT WILL GO QUICK.

>> THIS IS GOING TO BE A LIEN REDUCTION CASE 18-93. 135 NORTH 15TH STREET, AND

[A. 18-0093 Lien Red. 135 N 15th Street JBM Properties TELEPHONE CONFERENCE Margaret Arraiz]

>> HELLO? >> GOOD MORNING. THIS IS PEGGY WITH THE FORT

PIERCE CODE ENFORCEMENT. >> WITH WHOM AM I SPEAKING? >> WE ARE READY TO PRESENT YOUR REDUCTION REQUEST TO THE SPECIAL MAGISTRATE. WE WILL START WITH -- I AM GOING TO GET SWORN IN FIRST AND THEN COLLEEN WILL SWEAR YOU IN AND THEN WE WILL PRESENT THE MATTER TO THE SPECIAL MAGISTRATE. OKAY?

>> SURE. >> PLEASE STATE YOUR NAME FOR THE RECOD?

>> MARGARET ARRAIZ. >> DO YOU SWEAR THE TESTIMONY ARE YOU TO GIVE IS THE TRUTH?

>> YES. >> STATE YOUR NAME TO THE RECORD.

>> DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH?

>> I DO. >> THIS IS CASE 18-093 FOR 135 NORTH 15TH STREET OWNED BY JBM PROPERTIES. THIS WAS PREVIOUSLY OWNED BY A STACY LAM OF 135 NORTH 15TH STREET AND THE VIOLATION THAT'S WERE CITED WERE IPMC302.7, ACCESSORY STRUCTURE, IPMC3.02 PROTECTIVE TREATMENT. AND 16-46, 16-47, 16-48, SUBSECTIONS FOR OUTSIDE STORAGE. IN MARCH 2018, SPECIAL MAGISTRATE ROSS FOUND MS. LAM RESPONSIBLE FOR THE VIOLATIONS AND PROVIDED 15 DAYS TO COMPLY OR A FINE OF $50 A DAY WOULD BE ASSESSED. APRIL 27TH 2018 AN INSPECTION WAS MADE AND THE -- AND NT IN COMPLIANCE AND THE FINES WERE STARTED.

[00:25:07]

ESTABLISH IS THE TIME TO PAY. >> SIR, DO YOU -- I WOULD SAY 30 DAYS UNLESS YOU TELL ME

THAT THAT IS NOT POSSIBLE. >> NO THAT IS -- I CAN PAY IT THIS WEEK.

>> SO WITH THE UNDERSTANDING THAT YOU HAVE 30 DAYS TO PAY THE AMOUNT.

IF YOU DO NOT IT WOULD REVERT BACK TO THE ORIGINAL AMOUNT. >> UNDERSTOOD.

THANK YOU. >> THANK YOU. COLLEEN WILL GET YOU AN ORDER

IN THE MAIL OR BY E-MAIL. >> THANK YOU VERY MUCH. >> THANK YOU.

>> TAKE CARE. >> SPECIAL MAGISTRATE, ITEM 6B20-0529 IS A MASSEY

[B. 20-0529 Massey 1908 Oleander Blvd. Ramirez, Vilma Puentes, Zacarias Mendoza Chad Dawson]

CONTINUED TO THE SECOND HEARING IN JANUARY. >> OKAY.

WHICH IS JANUARY -- >> JANUARY 20TH. SHE HAS BEEN IN COMMUNICATION WITH US. MAYBE THERE WAS JUST -- SOMETHING MIGHT HAVE JUST

HAPPENED. >> OKAY. >> COLLEEN, IF YOU WANT TO

CALL -- >> THE OTHER TWO CASES WE HAVE ARE CASE -- OH.

WE ARE GOING TO READ THIS IN, RIGHT? >> WE ARE GOING TO PRESENT 10D

[D. 20-1847 PK 102 N Indian River Drive Rucker, Morgan Nicole & Bowser, Corey Wayne Chad Dawson]

AND E. >> 20-1847, 102 NORTH INDIAN RIVER DRIVE.

RUCKER. PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE

RECORD. >> CHAD DAWSON, CODEN -- CODE ENFORCER.

>> DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH SPH.

>> I DO. >> THIS IS A PARKING CITATION.

CAN I PROCEED WITH QUESTIONING THE WITNESS. >> WERE YOU UH 20-1847?

>> YES, I WAS. >> AND WHAT DATE WERE YOU ASSIGNED TO WORK ON THAT

CASE? >> IT WAS 8-11-2020. >> AND WAS THAT CASE PREVIOUSLY SCHEDULED FOR A HEARING BEFORE THE SPECIAL MAGISTRATE?

>> YES IT WAS. >> AND DID THE RESPONDENT FAIL TO APPEAR ON THAT DATE?

>> YES, MA'AM. >> WHERE WAS THE CITATION ISSUED?

>> THE CITATION WAS ISSUED AT 102 INDIAN RIVER DRIVE. >> WITHIN THE CITY LIMITS?

>> YES. >> WHAT WAS THE VIOLATION? >> THE VEHICLE WAS PARKED ON

THE CITY'S RIGHT OF WAY. >> SO THE VEHICLE WAS PARKED IN A PLACE THAT WAS NOT A

LEGAL PARKING ZONE? >> EXACTLY. >> DID YOU TAKE ANY

PHOTOGRAPHS? >> YES, MA'AM. >> THEY FAIRLY AND ACCURATELY

DEPICT WHAT YOU SAW? >> YES. >> AT THIS TIME WE MOVE THE

PHOTOGRAPHS IN -- IS IT MORE THAN ONE? >> YES.

>> AT THE TIME WE MOVE THE PHOTOGRAPHS IN AS CITY'S ONE COMPOSITE.

ONE, TWO, THREE, FOUR, SPECIAL MAGISTRATE. IS THERE ANYTHING YOU WANT TO

SAY ABOUT THE PHOTOGRAPHS? >> NO, MA'AM. I JUST WANT TO SAY THE OWNER

OF THE VEHICLE TO THIS DAY HAS NOT CONTACTED US AT ALL. >> I WILL NOTE FOR THE RECORD, SPECIAL MAGISTRATE, THERE IS NO RESPONDENT PRESENT THIS MORNING.

THE RECOMMENDATION THAT APPEARS ON THE AGENDA FOR THIS MORNING IS THAT -- MORNING, IS

THAT STILL YOUR RECOMMENDATION? >> YES.

>> THE FOUR PHOTOS WILL BE ENTERED AS CITY'S COMPOSITE 1 AND THE AMOUNT OF $50 WILL BE ASSESSED AND FAILURE TO PAY THAT FINE WITHIN 30 DAYS WILL RESULT IN FORWARDING TO THE

COUNTY COURT SYSTEM. >> THANK YOU. >> SPECIAL MAGISTRATE, THANK

[00:30:04]

YOU. >> THE NEXT CASE IS 20-244, 1312 ATLANTIC AVENUE.

[E. 20-2044 CE 1312 Atlantic Avenue Smith (TR), Wiliiam H Isaac Saucedo]

SMITH. >> CASE NUMBER 20-244, 1312 ATLANTIC AVENUE.

THE CASE WAS INITIATED BY MYSELF ON SEPTEMBER 16TH, 2020.

THIS CASE HAD A FIRST HEARING ON NOVEMBER 18TH, 2020. THE OWNER FAILED TO APPEAR THAT DAY. THE OWNERS ARE WILLIAM H SMITH AND VIRGINIA R SMITH OF 2440JOUN ROAD, FORT PIERCE AND GEORGE A JONES AT 1312 ATLANTIC AVENUE.

THE VIOLATIONS ARE IPMC13.207 FOR STRUCTURE. AND THE CITY REQUESTS THAT IF THE SPECIAL IMAGINE STATION FINDS THE VIOLATION EXISTS THE VIOLATOR GIVEN 10 DAYS TO

REPLY OR A FINE WILL BE ASSESSED. >> DID YOU TAKE THE PHOTOS?

>> I DID. >> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU

SAY? >> WE DID. >> WE MOVE THE PHOTOS IN AS CITY'S 1 COMPOSITE. SPECIAL MAGISTRATE, THERE ARE ONE, TWO, THREE, FOUR PHOTOS

IN IN THIS EXHIBIT AS WELL. >> FOUR PHOTOS WILL BE ADMITTED AS CITY'S COMPOSITE 1. DID YOU HAVE ANYTHING ELSE? NO? OKAY. I FIND THE VIOLATION EXISTS AND THAT THE VIOLATOR BE GIVEN

10 DAYS TO COMPLY OR A FINE OF $150 A DAY WILL BE ASSESSED. >> THANK YOU.

>> I THINK WE HAVE EVERYTHING. >> DO YOU SEE ANYTHING ELSE THAT WE MISSED?

>> WE GOT THEM ALL, RIGHT? >> USUALLY AT THE END I ASK IF THE CLERK CAN PUT ON THE

RECORD HOW THE INDIVIDUALS WHO FAILED TO APPEAR. >> FOR CASES REQUIRING THE HEARING PER STATE STATUTE OUT 162.12 A NOTICE OF HEARING WAS SEPTEMBER TO THE VIOLATORS BY MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE. IF THE GREEN CARD IS RIRNED UNSIGNED -- RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF MAIL WITH A NOTICE OF HEARING IS SENT TO THE VIOLATOR REGULAR U.S. MAIL. 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 IF QUESTION WITH AN AFFIDAVIT OF POSTING.

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

POSTED ON THE BULLETIN BOARD IN CITY HALL. >> NOTHING ELSE?

* This transcript was compiled from uncorrected Closed Captioning.