[1. CALL TO ORDER]
[00:00:04]
GOOD MONING. MY NAME IS FRAN ROSS AND I'M A SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARINGS. YOU ARE HERE BECAUSE YOU RECEIVE NOTICE THAT YOUR PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CITY ORDINANCE.
YOU HAVE BEEN GIVEN TIME TO CORRECT THE END OF AS OF THIS MORNING HAVE NOT DONE SO. THOSE OF YOU WHO WISH TO BE HEARD I WILL CALL YOUR CASE SHORTLY.
TWO THINGS, DOES ANYONE NEED AN INTERPRETER? AND THIS PROCEEDING IS BEING TELEVISED SO BE MINDFUL OF THAT WHEN YOU APPEAR. IF YOU DON'T MIND PLEASE STAND
[2. PLEDGE OF ALLEGIANCE]
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 ON NATION UNDER GOD INDIVISIBLE WITH LIBERTY
AND JUSTICE FOR ALL. >> WOULD YOU ALL PLEASE REMAIN
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
STANDING SO YOU COULD BE SWORN? >> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
THANK YOU. >> WITH THAT, COUNSELOR COULD YOU TELL US WHAT CASE YOU ARE HERE FOR? DO YOU WANT TO DO THAT WHEN NOW?
>> WE WILL DO THAT WHEN FIRST, YES.
[A. 20-2764 Indian River Drive Property TAI (IRD) LLC Heather Debevec Peggy Arraiz 20-2758 " " " 20-2759 " " "]
>> THIS IS THE THREE CASES, CASE 202754, 2020758 INDIAN
RIVER PROPERTY LLC. >> SPEAKER: GOOD MORNING SPECIAL MAGISTRATE. I AM HERE FOR THE RESPONDENTS.
GOOD TO SEE YOU AS WELL. MR. BABBITT WHEN YOU ARE READY.
>> SPECIAL MAGISTRATE WE LISTED ALL THREE CASES SO THEY COULD BE VIEWED AT ONCE APPEARED WE ARE ONLY GOING TO BE READING ONE CASE AT A TIME. WE DID THAT FOR EASY VIEWING BUT IT WILL GO ONE CASE AT A TIME.
>> GOOD MORNING SPECIAL MAGISTRATE.
>> GOOD MORNING. >> THIS IS CASE NUMBER 202754 AND THE PROPERTY APPRAISED IS TO BE DETERMINED.
THE PROPERTY IS OWNED AND IS SECTION 2419 MAINTENANCE AND NUISANCE OF PROPERTY PROHIBITED AND SECTION 24 Ã21 SUBSECTION 9 SUBSECTION 18 NUISANCE AS A CONDITION.
IT IS REQUESTED THAT THEY ARE REQUESTED TO CUT ALL GRASS AND WEEDS INCLUDING TRIMMING ALONG HOUSES AND PERMANENT OBJECTS SUCH AS TREES. REQUESTED TO TRIM ALL TREES AND BRUSHES TO COMPLY WITH THE FORT PARIS CODE OF ORDINANCE.
ALSO TO REMOVE TRASH AND DEBRIS AND BRANCHES AND I DO HAVE
NOTICE TO SHOW YOU. >> HAS THE ATTORNEY SEEN THOSE?
>> YOU HAVE AN OBJECTION FOR THOSE BEING ADMITTED?
>> WE MOVE THOSE IN AS ANYONE COMPOSITE HE MET.
>> THEY WILL BE. THIS IS A STIPULATION.
YOU MAY CONTINUE. >> CAN I ASK A FEW QUESTIONS SPECIAL MAGISTRATE? CODE ENFORCEMENT OFFICER THE MINUTE, CAN YOU PLEASE DESCRIBE FOR THE SPECIAL MAGISTRATE THE NATURE OF THE VIOLATIONS THAT YOU OBSERVED IN A LITTLE BIT MORE DETAIL AND LET US KNOW IF THERE IS ANYTHING YOU WANT TO
SAY ABOUT THE PHOTOGRAPHS? >> THIS PROPERTY IS A TRIANGULAR SECTION INTO THE SOUTH AND THERE IS SOME WEEDS UP NEXT TO PALM TREES THAT NEED TO BE TRIMMED DOWN AND THERE IS OLD SIGNPOSTS TOWARDS THE NORTHERN END OF THE PROPERTY
THAT NEED TO BE REMOVED. >> WAS NOTICE SENT?
>> THE PICTURES ARE UP ON THE SCREEN NOW, CAN YOU, ARE THESE THE PICTURES THAT ARE IN EVIDENCE FOR THIS CASE?
>> YES MA'AM. >> WERE GOING TO PAGE THROUGH CAN YOU DESCRIBE WHAT YOU ARE SAYING AND WHERE YOU SEE A
VIOLATION IN THE PHOTOGRAPH? >> ON THE FIRST PHOTO.
>> IT IS THE WOODEN SIGNPOST. >> DO YOU MIND IF I MARK THESE
AS ONE. >>> OR DO YOU WANT A COMPOSITE?
[00:05:04]
>> WE CAN DO A COMPOSITE IF THAT IS OKAY.
I CAN INDIVIDUALLY LABEL THEM SPECIAL MAGISTRATE.
THANK YOU MA'AM. >> THAT WAS A A.
>> THAT WAS ON THAT ONE. >> ON THIS ONE IT IS GOING TO BE THE WEEDS BY THE PALM TREES THAT NEED TO BE TRIMMED.
AND THAT IS A CLOSE-UP OF THE WEEDS THAT NEED TO BE TRIMMED THIS MORNING, I BELIEVE.ND THESE ARE THE SIGNPOST I NEED TO BE IN REMOVED ON THE PROPERTY AND SAME SIGNPOSTS.
THESE ARE THE WEEDS BY THE PALM TREE.
THAT WAS EVERYTHING FOR THIS PROPERTY?
>> THIS IS THE SMALLER SECTION ALONG THE ROADWAY.
>> ARE THERE ANY OTHER PICTURES FOR THE PROPERTIES?
>> 401 AND 4-1-1 OR DO YOU WANT ME TO READ THAT WHEN?
>> WE WILL DO THAT SEPARATE HAD SORRY, I SAID WERE GOING TO
READ THEM WHEN AT A TIME. >> I TRIED TO LABEL THE EXHIBITS BECAUSE THEY ARE ON SCREEN AND HAVE BEEN PUBLISHED.
WITH REGARDS TO THE VIOLATIONS THAT YOU HAVE BEEN IN THIS CASE NUMBER IS THERE ANYTHING ELSE THAT YOU WANT TO SAY ABOUT
THAT? >> NO MA'AM.> SPECIAL MAGISTRATE I WOULD LIKE TO RESERVE THE RIGHT FOR REDIRECT
>> I HAVE SOME QUESTIONS. >> MA'AM, WHO INSTRUCTED YOU TO BEGIN UNDERTAKING OR REVIEWING THIS PROPERTY FOR CODE
>> YOU TOOK IT UPON YOURSELF TO REVIEW AND UNDERTAKE AN
INVESTIGATION FOR THE CODE VIOLATION?>> YES SIR.
>> WHY IS THAT? >> I WAS DOING PAPERWORK AND I WAITED FOR THE COMPUTER TO DO PAPERWORK AND I LOOKED OVER AT THE WATER AND I SAW THE VIOLATIONS.
>> WHERE WERE YOU SITTING? BOX I WAS SITTING IN THE PARKING LOTS ON THE WEST SIDE OF THE VACANT PARKING LOT.
>> DID THE PROPERTY OWNER GIVE YOU PERMISSION TO SIT IN THAT
>> I SEE THAT YOU SAID THERE NEEDS TO BE SOME SIGNPOSTS REMOVED. IF THERE WERE ACTUAL SIGNS ATTACHED TO THE POST WOULD THAT BE AN ISSUE?
>> NO SIR. >> THEN WHY THAT THERE IS NO SIGN ATTACHED TO THIS POST THAT IT BECOMES AN ISSUE OR A
VIOLATION? >> BECAUSE THEY ARE JUST BOARDS THERE AND IT WOULD BE CONSIDERED OUTSIDE STORAGE.
>> YOU WOULD AGREE WITH ME THAT THOSE POSTS, THOSE PIECES OF WOOD ARE EMBEDDED IN THE GROUND, CORRECT? THEY ARE UPRIGHT, CORRECT? THEY ARE NOT LAYING ON THE
GROUND ON A PILE ARE THEY? >> THERE ARE BOARDS BEHIND THE ONE THAT MAKES A SQUARE LAYING ON THE GROUND NEXT TO THEM
THERE ARE BOARDS. >> CAN YOU SHOW ME IN THE PICTURES WHERE THOSE BOARDS ARE?
>> I DID TAKE THOSE PICTURES THIS MORNING.
>> OKAY. THESE PIECES OF LUMBER ARE NOT STACKED UP ON THE GROUND, CORRECT?
>> HOW DO YOU COME TO THE CONCLUSION THAT THESE ARE VIOLATING AN OUTDOOR STORAGE MANDATE WHEN THEY ARE UPRIGHT
AND EMBEDDED IN THE GROUND? >> SEEING THAT IT IS A VACANT LOT WE WOULD SIT WE ASKED SOMEBODY IF IT WAS WOOD THAT WAS STANDING UPRIGHT THE SAME AS YOU WOULD A DEAD TREE WE
WOULD REMOVE IT.>> WAS THERE ANY INQUIRY MADE WITH THE PROPERTY OWNER ABOUT THE SIGNPOST PRIOR TO THE PROPERTY
>> YOU JUST TESTIFIED THAT YOU WOULD GENERALLY MAKE AN INQUIRY
WITH THE PERSON CORRECT? >> NO SIR.
>> CAN YOU REPEAT YOUR PRIOR ANSWER?
>> YOU ASKED ME IF THERE ARE SIGNPOSTS WHY WE WOULD ASK PEOPLE TO REMOVE IT. I STATED THAT IT IS SIMILAR TO BEING LIKE A DEAD TREE WHERE IT IS JUST POSTS THAT ARE THERE.
WE WOULD TYPICALLY ASK PEOPLE TO REMOVE IT AS IT WOULD BECOME
MORE OF AN OUTSIDE STORAGE. >> OKAY BUT YOU WOULD AGREE THAT THERE IS A DIFFERENCE BETWEEN AN ACTUAL MANUFACTURED POST IN THE GROUND AND A TREE AS FAR AS THE MATERIAL IS CONCERNED? BOX AS FAR AS THE MATERIAL?
YES. >> WERE YOU ABLE TO WALK AROUND THAT AREA WHERE YOU FOUND WEEDS TO BE PRESENT? DID YOU NOTICE THERE IS A SWALE IN THAT AREA THAT DIPS INTO THE
>> HAVE YOU LOOKED AT OTHER PROPERTIES IN THE CITY OF FORT
[00:10:03]
PIERCE THAT RUN ALONG INDIAN RIVER DRIVE?>> I'M GOING TO OBJECT. >> SPECIAL MAGISTRATE:
OBJECTION SUSTAINED. >> I DON'T HAVE ANY FURTHER SESSIONS FOR THIS TEQUILA PROPERTY.
WE CAN MOVE ON TO THE NEXT PRESENTATION IF YOU WOULD LIKE.
>> JUST A MOMENT SPECIAL MAGISTRATE.
CODE OFFICER, I JUST WANTED TO CLARIFY SOMETHING THAT WAS ASKED OF YOU ON CROSS-EXAMINATION.
JUST TO BE CLEAR YOU DID SEND NOTICE IN WRITING TO THE OWNER OF THE PROPERTY OF WHAT YOU OBSERVED, CORRECT?
>> YES MA'AM. >> IS THAT THE WAY YOU WOULD TYPICALLY RESPOND WHEN YOU WOULD RECEIVE A VIOLATION?
X YES MA'AM. >> YOU DON'T HAVE ANYTHING THAT NECESSARILY SAYS YOU HAVE TO TALK TO THE OWNER, CORRECT?
>> WE RECEIVED A LETTER IN RESPONSE TO THAT AND ORDINANCES
>> THAT IS WHY WE ARE HERE TODAY?
>> YES. >> I DON'T HAVE ANY RECROSS.
>> ANYTHING FURTHER? >> NOTHING FURTHER ON THIS CASE SPECIAL MAGISTRATE.> I WANTED TO ASK MS. REYES IF SHE
HAD ANYTHING ELSE TO ADD? >> NO THANK YOU.
>> HEATHER TELL ME WHICH ONES YOU OPEN NEXT.
>> SPECIAL MAGISTRATE THIS IS 20 Ã27 58.
WE ARE POSTING TO CUT ALL GRASS AND WEEDS AS NEEDED INCLUDING TRIMMING ALONG FENCE LINES, HOUSES AND ANY OTHER PERMANENT OBJECTS SUCH AS TREES, MAILBOX, TELEPHONE POLES ETC. THIS IS A REQUEST TO TRIM TREES SHRUBS AND BUSHES TO COMPLY WITH FORT PIERCE CODE OF ORDINANCES AND TO REQUEST THEM TO REMOVE ALL TRASH, DEGREES, DEAD TREES AND BRANCHES.
IS THERE AN OBJECTION TO COMPOSITE ONE?
>> THIS IS FOR THE PRIOR CASE. >> THANK YOU.
CODE OFFICER DEBEVEC CAN YOU TELL US IN YOUR WORDS THAT YOU READ THE VIOLATIONS THAT CAN YOU TELL US WHAT YOU OBSERVED AND WALK US THROUGH THE PHOTOGRAPHS SO WE KNOW WHAT WE
HAVE. >> THIS PROPERTY SPLIT INTO PIECES WITH AN OVERDRIVE IN THE PREVIOUS PROPERTY SPLITTING IT.
ON THE PORTION TO THE EAST WHICH IS CLOSEST TO THE WATER THERE IS REALLY ARE SOME WEEDS THAT NEED TO BE TRIMMED AND ON THE GRASSES THAT ARE CLOSE TO THE PALM TREES CLOSE TO THE SOUTHERN END OF THE PROPERTY ON THE, IT IS THE SOUTHERN END OF THE PROPERTY AND ALONG THE PALM TREES THEY NEEDED TO BE TRENDS BECAUSE THE PROPERTY IN PROVIDENCE BY THOSE TREES AS WELL. ON THE OTHER SIDE THERE ARE TWO DEAD PALM TREES AND A COUPLE OF SIGNPOSTS THAT NEED TO BE
REMOVED. >> AGAIN ÃHOLD ON ONE SECOND, AGAIN THOSE ARE FREESTANDING SIGNPOST NOTHING ATTACHED THEM, CORRECT? THESE PROCEED.
>> THE PALM FRONDS FOR THIS NEED TO BE TRIMMED UP TO REDUCE THE HIDING SPACES AND BEING CLEANED OUT.
THAT IS JUST A SIMILAR PICTURE FOR THE EAST SIDE SHOWING WHERE
IT NEEDS TO BE TRIMMED UP MORE. >> WAS THIS CASE INITIATED AT THE SAME TIME AS THE PRIOR CASE THAT WAS JUST ADDRESSED?
>> YES MA'AM. >> WAS IT INITIATED IN THE SAME
>> OF YOUR OWN VOLITION, CORRECT? IS THERE ANYTHING, AGAIN, WAS NOTICE SENT UNDER THIS CASE
>> WE RECEIVED A REQUEST IN WRITING OF THE HEARING THIS
>> IS ANYTHING ELSE THAT YOU WANT TO SAY ABOUT THIS PARTICULAR CASE? SPECIAL MAGISTRATE I WOULD LIKE TO RESERVE SOME TIME TO REDIRECT IS NECESSARY.
>> SPECIAL MAGISTRATE: YOU MAY HAVE THAT HERE.
>> APPROXIMATELY HOW HIGH ARE THE WEEDS YOU HAVE IDENTIFIED
ALONG THE COASTLINE? >> NOT QUITE TO THE KNEES.>>
[00:15:01]
OKAY. AND, HOW LARGE IN DIAMETER IS THE PALM THAT YOU HAVE CITED IN THE DRIVING AREA YOU'RE IN THEPARKING LOT? >> THE ONE IN THE PARKING LOT IN DIAMETER, I AM NOT SURE BUT IT IS ENOUGH THAT ONE OR TWO
PEOPLE COULD HIDE BEHIND. >> OKAY YOU WOULD AGREE THAT THE PALM IN THE PARKING LOT IS IN THE MIDDLE OF THE PARKING
>> IT IS SURROUNDED BY PAVEMENTS? ON THREE SIDES OF IT AND THEN CUT GRASS ON THE OTHER SIDE OF IT? RIGHT?
>> PAVEMENT AND SIDEWALK. >> OKAY.
AND SO, COULD YOU EXPLAIN FURTHER AS TO WHAT THE ISSUE
WITH THAT PARTICULAR PALM IS? >> AT THE BASE IT HAS A BUNCH OF DEAD PALM FROM AND TRASH DEBRIS THAT NEED TO BE REMOVED AND IT NEEDS TO BE TRIMMED UP TO 6 FEET FROM THE GROUND AND THINNED OUT SO THAT YOU ARE ABLE TO SEE THROUGH IT AND AROUND IT SO THAT IT REDUCES HIDING SPACES SO SOMEBODY
COULDN'T HIDE BEHIND IT. >> OKAY.
AS FAR AS THE TREE STUMP THAT YOU HAVE IDENTIFIED, WERE YOU AWARE AS TO WHETHER ONE OF THOSE TREES WAS IN A CITY
EASEMENT? >> THE WAY THAT I UNDERSTOOD AT THE PROPERTY GOES TO THE SIDEWALK.
>> OKAY.T COULDN'T BE IN A RIGHT-OF-WAY, EITHER?
>> I DON'T HAVE ANY ADDITIONAL QUESTIONS ON THIS ONE.
>> SPECIAL MAGISTRATE: ANYTHING FROM EITHER PARTY?
>> NOT ON THIS JUGULAR VIOLATION FROM THE RESPONDENT HERE TO BE GO AHEAD TO THE NEXT CASE?
>> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 20-2759 OWNED BY PAI IRD LLC. THIS IS MAINTENANCE OF NUISANCE ON PROPERTY PROHIBITED SECTION 24 Ã21, 9 AND 18 NUISANCE AS A CONDITION. REQUEST TO CUT ALL GRASS AND WEEDS AS NEEDED INCLUDING TRIMMING ALONG FENCE LINES, AROUND HOUSES, AND ANY OTHER PERMANENT OBJECTS SUCH AS TREES, MAILBOX, TELEPHONE POLES, ETC. REQUESTED TO TRIM ALL TREES, SHRUBS AND BRUSHES TO COMPLY WITH FORT PIERCE
ORDINANCES. >> YOU HAVE AN OBJECTION?
>> NO. >> WE WILL BE MOVING IT AS
COMPOSITE. >> SPECIAL MAGISTRATE: IT WILL
BE ADMITTED AS SUCH. >> SPECIAL MAGISTRATE I HAVE ANOTHER ONE AFTER. AGAIN, CAN YOU DESCRIBE IN YOUR OWN WORDS WHAT YOU SAW AND WHY YOU BELIEVE YOU OBSERVED A
VIOLATION? >> AGAIN THIS PROPERTY SPLITS WITH AN OVERDRIVE. WHAT WE ARE LOOKING AT IS A PROPERTY ON THE WEST SIDE, THERE IS A DEAD PALM TREE.
THIS IS ON THE. >> IS JUST RIGHT HERE?
>> YES MA'AM. >> THIS IS ON THE EAST SIDE WHERE THE WEEDS AND GRASSES NEED TO BE TRIMMED UP TOWARDS WATER AND PALM TREES. THERE IS ALSO A DEAD PALM TREE ON THAT SIDE AS WELL. AND ON THIS WON IT IS A MATTER OF PICKING UP THE DEAD FOLIAGE THAT IS ON THE GROUND, TRIMMING UP PALM TREE SO THAT IT REDUCES HIDING SPACES.
>> HIDING SPACES FOR WHAT? >> IF SOMEONE WERE TO BE HIDING
FROM LAW ENFORCEMENT. >> SPECIAL MAGISTRATE: ANYTHING
FURTHER? >> I DON'T HAVE ANY FURTHER.
>> I DO HAVE PHOTOS SPECIAL MAGISTRATE.
>> AGAIN WAS THIS CASE INITIATED AT THE SAME TIME THAT THE OTHER CASES WERE READ THIS MORNING? WAS THIS CASE INITIATED WITH YOUR OWN VOLITION?
>> YES MA'AM. >> AGAIN DID YOU SEND PROPER NOTICE WITH REGARDS TO THIS CASE AND YOU RECEIVED A RESPONSE IN WRITING, CORRECT AND THIS IS WHY WE ARE HERE THIS MORNING ON THIS CASE, CORRECT? IS THERE ANYTHING THAT YOU WANT TO SAY WITH REGARDS TO THIS PARTICULAR CASE NUMBER? AS FOR REDIRECT SPECIAL
MAGISTRATE? >> I DON'T HAVE ANY CROSS ON
THIS ONE. >> ANYTHING FURTHER FROM EITHER
PARTY? >> I HAVE SOME AERIAL PHOTOGRAPHS THAT I WOULD LIKE TO SUBMIT THAT I'VE LABELED THEM A THROUGH F JUST AERIALS FROM THE COUNTY PROPERTY
[00:20:07]
APPRAISER YOU'RE WELCOME TO LOOK AT THEM.THESE ARE AERIALS OF THE AREA INCLUDING THE PARK AND THE AREAS OF THE PROPERTIES THAT ARE CITED.
>> ARE WE PUTTING THEM ON TOP? DO YOU WANT THEM UP?
I HAVE EVERYTHING LABELED, SO, IF THE MAGISTRATE JUST WANTS TO TAKE A LOOK AT THEM I CAN WALK THROUGH THEM AS WELL AND I DO HAVE, MY CLIENT WOULD LIKE TO TESTIFY.
SO THERE WILL BE SOME DIRECT THEIR.
>> ONE SECOND SPECIAL MAGISTRATE SO I CAN PUT THEM UP
ON THE SCREEN. >> MAY I SEE THEM FIRST SO THAT WE CAN GO IN PROPER ORDER AND HAVE IMPROPERLY ADMITTED?
>> THANK YOU. SPECIAL MAGISTRATE I HAVE NO
OBJECTION. >> THIS WILL BE ADMITTED.
I WOULD LIKE TO CALL MY CLIENT. >> YOU MAY DO SO.
>> PLEASE STATE YOUR NAME FOR THE RECORD.
>> RICHARD BERRY READ THE SECOND COMMONLY KNOWN AS RICK
REED. >> WERE YOU PREVIOUSLY SWORN
>> MR. REID, HOW ARE YOU INVOLVED WITH THESE THREE PROPERTIES CITED BY FORT PIERCE?
>> I AM ONE OF THE OWNERS OF THE PROPERTY.
>> AND, DID YOU PULL THE AERIAL EXHIBITS A THROUGH F THAT WE JUST PRESENTED AND ENTERED INTO EVIDENCE FOR THE MAGISTRATE?
>> YES. >> HOW LONG HAVE THE VARIOUS RESPONDENTS OWNED THESE THREE PROPERTIES IN THE CITY OF FORT
PIERCE? >> WE BOUGHT THE PROPERTY FROM ATTORNEYS FEE, COPAL, GUARD AND OFF THE TOP OF MY HEAD MAYBE 11 OR 12 YEARS AGO.> FAIR TO SAY DURING THAT TIME YOU HAVE
THE PROPERTY MODE? >> I AM KNOWN FOR BEING
OBSESSIVE-COMPULSIVE. >> YOU HAVE SEEN ALL THE PICTURES THAT THE CITY HAS PRESENTED HERE TODAY, CORRECT?
>> YES. >> AS FOR PROPERTY ONE DEALING WITH THE SIGNPOSTS, AND THE SWALE AND THE WEED ALONG THE PROPERTY CONTROL LINE, CAN YOU EXPLAIN A LITTLE BIT AS TO YOUR POSITION ON THOSE MATTERS? THAT WOULD BE THE PROPERTY
ABUTTING KAYAK PARK. >> FIRST OF ALL, IF THE SPECIAL MASTER, I AM SURE SHE IS AWARE WE DONATED AND BUILT A KAYAK PARK TO THE TUNE OF 1/2 MILLION DOLLARS.
I HAVE WRITTEN THE CITY SEVERAL TIMES I WOULD BE GLAD TO READ THE EMAILS. I'VE WRITTEN THE CITY MANAGER AND MIKE REELS THE PUBLIC WORKS DIRECTOR BECAUSE AFTER WE GAVE HALF-MILLION KAYAK PARK TO THE CITY WE CAN'T EVEN GET THEM TO PUT A TRASHCAN ON THE PROPERTY HERE TO THE PEOPLE THAT USE THE KAYAK PARK JOINING OUR PROPERTY THROUGH THEIR CROP ALL OVER.
FOR MONTHS AND MONTHS, DID YOU WANT TO SAY SOMETHING?
>> GO AHEAD. >> GO AHEAD AND FINISH YOUR SENTENCE. I WANT TO MAKE AN OBJECTION FOR THE RECORD BUT GO AHEAD AND PLEASE FINISH.
>> WE HAVE ASKED FOR THEM TO PUT A DUMPSTER THERE.
SPECIAL MASTER, WE HAVE HAD TO HAVE VEHICLES TOWED AWAY.
ONLY BECAUSE OF THIS DID THEY GO OUT A WEEK OR TWO AGO AND CLEAN UP ALL THE GRAFFITI THAT WAS PUT ON OUR HALF-MILLION DOLLAR KAYAK PARK THAT WE DONATED.
>> SPECIAL MAGISTRATE I'M GOING TO OBJECT FOR RELEVANCE AND JUST FOR THE RECORD I KNOW YOU HAVE RECEIVED THE OBJECTION BUT I WANT TO MAKE IT CLEAR THE OBJECTION OF RELEVANCE IS TO THE DISCUSSION OF NEIGHBORING PROPERTY AND THE THE DISCUSSION OF INTERACTIONS WITH THE CITY. THE ISSUE BEFORE YOU THIS MORNING IT IS GOING TO BE THE CONDITION OF THE PROPERTY AS IT
IS NOW. >> PAPER COMES OFF THE KAYAK PARK BECAUSE THERE IS NO RECEPTACLE FOR THE PUBLIC TO PUT A TRASHCAN. THAT IS COMMON SENSE.
COUNSELOR. >> SPECIAL MAGISTRATE: MR. REID
[00:25:03]
THE OBJECTION WAS SUSTAINED. PLEASE DO NOT ARGUE WITH COUNSEL. MOVE ON.>> MR. REID, PLEASE EXPLAIN THE SIGNPOSTS AND THE PURPOSE FOR THEM BEING PRESENT.> A MONTH AGO WE HAD REALLY BAD WEATHER AND HIGH WIND AND THOSE SIGNS THAT PORTRAY, THAT OUR SALES THINGS. I PERSONALLY TOOK THEM ALL DOWN WHEN EVENING BECAUSE IN THE PAST THE WIND BLOWS THEM DOWN AND SO, SO THAT THEY WOULDN'T BE A DANGER TO ANYBODY ON THE DRIVE BECAUSE THE WINDS WERE HIGH, I WENT AHEAD AND TOOK THEM ALL DOWN AND I PUT THEM IN THE SALES TRAILER.
AND, IN THE LAST FEW WEEKS BECAUSE OF A NUMBER OF THINGS AND A PERSONAL ISSUE, I HAVEN'T BEEN BACK THERE TO PUT THEM BACK UP. THEY ARE IN THE SALES TRAILER.
>> THOUGH SIGNPOSTS ARE USED FOR THE ADVERTISEMENT OF THE PROPERTY FOR SALE? IS THAT CORRECT?
>> YES. >> THERE IS A PRESENT INTENTION TO UTILIZE THOSE POSTS? TO ADVERTISE FOR THE PROPERTY
AGAIN IS THAT CORRECT? >> YES.
>> ARE THOSE WEEDS ALONG THE COASTAL LINE? HOW HIGH WOULD YOU ESTIMATE THOSE WEEDS TO BE?
>> WELL, WHERE THAT THE LINE START, THAT HAS BEEN THERE SINCE THE BEGINNING OF TIME AND WHEN WE GO INTO CLEAN THAT YOU HAVE TO GO IN AND GET A PERMIT BECAUSE THE DEP, YOU CAN'T GO IN THERE. IF YOU DRIVE FROM OUR PROPERTY ALL THE WAY DOWN INDIAN RIVER DRIVE YOU WILL SEE THAT THEY ALL LOOK EXACTLY THE SAME INCLUDING THE CITY'S PROPERTY THAT MR. ALANO GAVE YOU THE NOTES FROM THE TAX COLLECTOR.
WHEN YOU GO IN AND AFFECTS THE COASTAL LINE, YOU CAN'T GO IN THERE AND START MOWING BECAUSE OF MANGROVES AND EVERYTHING ELSE. IF I HAD MY WAY I WOULD KEEP IT TO LOOK LIKE THE REST OF THE PROPERTY BUT YOU ARE DAMNED IF YOU DO AND DAMNED IF YOU DON'T. BESIDES THAT, THIS PROPERTY IS ALL APPROVED TO BEGIN TO BUILD CONDOS.
ALL IF THAT IT IS GOING TO BE TORN OUT ANYWAY WHEN WE PULL THE PERMIT. THIS IS ALL CONTRIVED.
IT IS JUST RETALIATION AND SPECIAL MASTER, THAT PROPERTY HAS LOOKED LIKE THAT AND I TAKE GREAT PRIDE IN IT AND I AM PERSONALLY, THIS IS A PERSONAL AFFRONT.WE HAVE ENOUGH ISSUES IN FORT PIERCE FLORIDA AND I ASKED THEM TO SPECIFICALLY ADVISE ME ON JANUARY 4 WHAT I COULD DO TO DO IT AND THEY SAID BECAUSE WE HAD AN ATTORNEY THAT THEY WOULDN'T COMMUNICATE.
WE ONLY GOT THIS INFORMATION DAY BEFORE YESTERDAY.
SO, THIS IS A BUNCH OF YOU KNOW WHAT.
>> MR. MAGISTRATE I'M GOING TO OBJECT.
>> I DON'T CARE IF YOU OBJECT! AM TIRED OF THIS!
>> SPECIAL MAGISTRATE: MR. REID.
MR. REID! >> YOU KNOW ME! YOU KNOW THIS IS NO WAY TO TREAT PEOPLE THAT ARE THIS GENEROUS. I'M TELLING YOU, I HAVE HAD ENOUGH OF THIS.> SPECIAL MAGISTRATE: I KNOW YOUR
RELATIONSHIP WITH THE CITY. >> THIS IS BS.
>> SPECIAL MAGISTRATE: COUNSELOR, TAKE YOUR CLIENT OUT. YOU WILL NOT DISRESPECT THIS
COURT. >> YOU ARE DISRESPECTING ME!
[INDISCERNABLE] >> SPECIAL MAGISTRATE: MADAME
[E. 20-1728 CE 807 Hickory Street Jean-Gilles, Angelere Chad Dawson]
CLERK, CALL THE NEXT CASE. >> THE NEXT CASE IS CASE 20 Ã
1728, 807 HICKORY STREET. >> YOU CAN GO TO THE PODIUM,
MA'AM. >> MA'AM, WOULD YOU STATE YOUR NAME FOR THE RECORD? WERE YOU PREVIOUSLY SWORN IN?
OKAY. >> SPECIAL MAGISTRATE CAN WE CONFIRM THAT SPECIAL CODE AGENT DAWSON WAS ALREADY SWORN IN?
>> IT LOOKS LIKE HE IS COLD. >> IT IS PRETTY COLD YOUR
>> THIS IS CASE NUMBER 20 Ã 1728, 807 HICKORY STREET.
OWNED BY ANGELERE. THE PROPERTY WAS CITED FOR CODE
[00:30:09]
34 Ã30 5S, PARKING PROHIBITED ON CITY RIGHT-OF-WAY, SECTION 24 Ã19 MAINTENANCE OF NUISANCE ON PROPERTY PROHIBITED SECTION 24 Ã21 NUISANCE AS A CONDITION FOR THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THAT A VIOLATION EXISTS AND THAT VIOLATORS BE GIVEN FIVE DAYS TO COMPLY OR A FINE OF $100 PERDAY HERE. >> DID YOU SHOW THEM TO THE RESPONDENT? CAN YOU SHOW THEM TO HER PLEAS ? THANK YOU.
DID YOU TAKE THE PHOTOGRAPHS? >> YES MA'AM.
>> DID THEY ACCURATELY DEPICT WHAT YOU SAW? WE WILL LABEL THEM COMPOSITE AND THEY ARE ALREADY LABELED
SPECIAL MAGISTRATE. >> SPECIAL MAGISTRATE: NOTED.
ANYTHING FURTHER? >> NO MA'AM.
>> ACTUALLY COULD YOU SAY A LITTLE BIT ABOUT THE PHOTOGRAPHS SINCE THEY ARE UP ON THE SCREEN?
>> YES. WE RECEIVED A COMPLAINT LAST YEAR AROUND THAT TIME BECAUSE OF CARS PARKING ON THE CITY SIDEWALK AND BASICALLY UPON MY INSPECTION I FOUND THAT 807 HICKORY STREET WAS INDEED PARKING THE CAR OVER THE SIDEWALK AS YOU CAN SEE. SO, THAT IS HOW IT ORIGINATED.
>> NOTHING FURTHER? >> SPECIAL MAGISTRATE: THANK YOU. YOUR NAME?
>> ANGELERE JEAN-GILLES. >> SPECIAL MAGISTRATE: HOW DO
YOU RESPOND TO THE ALLEGATIONS? >> THE WAY I RESPONDED, I RECEIVED A LETTER THE FIRST TIME AND IT WAS MISUNDERSTOOD BECAUSE WHAT THEY SAID ABOUT THE GRASS AND THE SIDEWALK I UNDERSTAND THE SIDEWALK BUT I DID NOT UNDERSTAND THE GRASS IF IT IS ON MY GRASS. I OWN IT ON THE OTHER SIDE AND THAT WAS MISUNDERSTOOD. IF I KNEW IT THE WAY I KNEW IT NOW I SHOULD BE ABLE TO FIX EVERYTHING.
>> SPECIAL MAGISTRATE: THE PRIMARY PROBLEM IS THAT THE CARS ARE BEING PARKED, AS YOU CAN SEE ON THE SIDEWALK.
>> YES BUT WHEN THEY TOLD ME I MISUNDERSTOOD BUT NOW, THE PICTURE SHOWED ME NOW AS THEY SAY.
>> YOU DIDN'T TALK TO ANYONE AT THE CODE OFFICE WHEN YOU GOT
I WAS CALLED AND THEY TOLD ME ABOUT THE GRASS AND THE SIDEWALK. THAT IS WHAT MADE ME CONFUSED.
THAT IS WHAT THEY TOLD ME. >> HAVE YOU STOPPED PARKING THE
CAR ON THERE? >> YES I STOPPED.
I STOPPED. >> HAVE THERE BEEN ANY OTHER
COMPLAINTS? >> NO MA'AM BUT TO CLARIFY I CAN UNDERSTAND WHY SHE WOULD BE CONFUSED.
SHE GOT TWO DIFFERENT LETTERS. WE SENT HER TWO DIFFERENT LETTERS BECAUSE THERE WERE TWO DIFFERENT TIME FRAMES DRAWS A VIOLATION CORRECTED. SHE DID RECEIVE ONE FOR THE CAR PARKED IN THE GRASS AND WHEN SHE SAW THAT SHE MIGHT HAVE GOTTEN IT CONFUSED WITH THE OTHER VIOLATION OF THE CAR PARKING OVER THE SIDEWALK AS WELL.
I WANTED TO PUT THAT ON RECORD THAT WE DID SEND TWO NOTICES AND SHE COMPLIED TO ONE AND YOU CAN SEE NOW THAT SHE IS NOT PARKING THE CARS ON THE GRASS BUT THE ONLY ONE IS LEFT IS SHE HAS TO FIGURE OUT A WAY TO EITHER WIDEN HER DRIVEWAY SO
SHE DOESN'T BLOCK THE SIDEWALK. >> SPECIAL MAGISTRATE: OKAY.
ARE YOU RENTING OR DO YOU OWN THE PROPERTY?
>> I OWN THE PROPERTY. BUT, THE PICTURE MAKES ME UNDERSTAND WHAT THEY SEE. WHEN I CALLED THEY TALKED ABOUT THE GRASS AND SIDEWALK LIKE I SAID AND NOW I CAN SAY WHEN I READ IT AND I CALLED SOMEONE AND THEY TOLD ME ABOUT THE SAME AND, THE GRASS AND THE SIDEWALK BUT I DID NOT EVEN KNOW.
THE PICTURE MADE ME UNDERSTAND THE BLACK CAR ON IT.
IF I KNOW THAT I WILL BE ABLE TO MOVE IT BECAUSE PEOPLE NEVER NEED TO TELL ME THINGS OVER AND OVER.
THE ONETIME I SHOULD DO IT. >> SPECIAL MAGISTRATE: ANYTHING
>> SPECIAL MAGISTRATE: ALL RIGHT, HOPEFULLY YOU NEVER GET
ANOTHER NOTICE OF VIOLATION. >> I WILL NOT.
I NEVER LIKE TO BE IN TROUBLE. >> SPECIAL MAGISTRATE: YOU ARE NOT IN TROUBLE. I DEAL WITH TROUBLE EVERY DAY, TRUST ME. IN ANOTHER JOB.
IF YOU SHOULD GET ANOTHER NOTICE MAKE SURE YOU CALL SOMEBODY AND FULLY UNDERSTAND WHAT IT IS.
BASED ON THE EVIDENCE OF TESTIMONY I SEE THAT THERE WAS A FIND THAT VIOLATION DID EXIST AT 807 HICKORY STREET AND ANGELERE JEAN-GILLES, YOU ARE RESPONSIBLE FOR THE VIOLATION.
[00:35:02]
I FIND AS OF THIS MORNING BASED ON THE TESTIMONY THAT VIOLATION HAS BEEN CURED. THAT MEANS, I AM NOT GOING TO FIND THAT YOU ARE IN VIOLATION BECAUSE YOU CORRECTED EVERYTHING BEFORE YOU GOT HERE BUT PLEASE BE MINDFUL THAT YOU CANNOT LOCK THE SIDEWALK AND IF YOU HAVE QUESTIONS ABOUT WHAT TO DO, PLEASE GIVE CODE A CALL AND THEY WILL WORK ON THAT WEIRD I HAVE TO WARN YOU, IF YOU GET CITED AGAIN IT COULD BE A DIFFERENT OUTCOME BUT I FEEL THAT YOU CURE THE SITUATION.>> SPECIAL MAGISTRATE: DO YOU HAVE ANY CONCERN?
>> I WILL SAY THIS TO MAKE SURE SO THAT WE ARE ALL ON THE SAME PAGE APPEARED BEFORE THE COURT HEARING STARTED SHE WANTED TO GET MORE TIME AND I TOLD HER THE WAY HER CAR IS ENGLISH IT IS GOING TO HAVE TO GET GRAVEL FOR HER SIDEWALK.
SHE ASKED FOR EXTRA TIME. WE SAID SHE HAD TO HAVE FIVE DAYS TO BE IN COMPLIANCE BUT I TOLD HER SHE COULD REQUEST MORE DAYS. CAN YOU SEE IF SHE CAN GET SOME MORE DAYS TO DO IT AS OF NOW IT IS NOT IN COMPLIANCE BUT SHE STILL HAS TWO CARS PARKED THERE BUT SHE SAYS NOW THAT SHE CAN SEE WHAT WE ARE TALKING ABOUT NOW WITH THE PHOTOS BUT SHE STILL GOING TO HAVE TO FIND A WAY TO FIT MOST WILL CARS ON THE PROPERTY WITHOUT BEING ON THE GRASS OR BLOCKING THAT
SIDEWALK. >> SPECIAL MAGISTRATE: DO YOU
ABOUT THE DRIVEWAY, MOST OF MY NEIGHBORS HAVE THE SAME PROBLEM AND THEY HAVE SOMEONE TO DO IT FOR THEM.
I WAS TALKING TO THE GUY AND HE GOT MY NEIGHBOR TO DO IT AND WHEN HE FINISHES HE WILL DO MINE.
>> SPECIAL MAGISTRATE: OKAY. I AM GOING TO TAKE YOU FOR YOUR WORD. YOU HAVE TO KNOW IF YOU DON'T GET IT DONE, HOW LONG WILL IT TAKE YOU TO GET IT DONE?> I
DON'T KNOW HOW LONG. >> SPECIAL MAGISTRATE: STAY IN TOUCH WITH MR. DAWSON AND MAKE SURE YOU GET IT DONE BECAUSE IF YOU DON'T YOU WILL BE SUBJECTED TO HAVE ANOTHER VIOLATION AND YOU WILL HAVE TO COME BACK FOR ME OR SOME OTHER MAGISTRATE.
GOOD LUCK, TRY TO GET THAT DONE AS QUICKLY AS YOU CAN.
>> SPECIAL MAGISTRATE JUST TO CLARIFY YOU WANT AND R&D ORDER?
>> SPECIAL MAGISTRATE: YES. GOOD LUCK.
THANK YOU FOR COMING. THANK YOU MR. DAWSON.
>> YES MA'AM. >> SPECIAL MAGISTRATE: OKAY.
MADAME CLERK, NEXT CASE? >> WERE GOING TO RING BACK THE
INDIAN DRIVE PROPERTY. >> SPECIAL MAGISTRATE: DO YOU WANT TO? YES IF YOU WANT TO.E HAVE OTHER PEOPLE HERE BUT IF YOU WANT TO.
WHEN YOU ARE READY. >> YOUR HONOR, DO YOU WANT TO
MAGISTRATE YOU HAVE A NUMBER OF PICTURES OF THE PROPERTY IN FRONT OF YOU ND YOU HAVE A NUMBER OF PICTURES SHOWING AERIAL FROM THE PROPERTY APPRAISER SITE.
THIS PROPERTY IS KNOWN DIFFERENT THAN ANY OTHER PROPERTY THAT FRONTS INDIAN RIVER DRIVE.
IT HAS BEEN MANICURED, THE LAWNS ARE CUT.
THE ISSUE OF THE SIGNPOST REALLY IS A NON-ISSUE.
IT DOES NOT AMOUNT TO OUTDOOR STORAGE OR SOMETHING LIKE THAT.
HER TESTIMONY THAT THE SIGNPOSTS ARE UPRIGHT THE PICTURES SHOW THAT AND THEY ARE EMBEDDED IN THE GROUND.
THEY ARE SIGNPOST USED FOR REALTOR ADVERTISEMENTS.
THEY ARE SIGNPOST THAT WILL BE USED AGAIN FOR REALTOR ADVERTISEMENT. THIS IS NOT AN EYESORE OR SOMETHING THAT IS CREATING AN ISSUE FOR NEIGHBORING PROPERTIES. IT IS A NON-ISSUE.
LIKE WISE, THESE MINIMAL WEEDS ALONG THE COASTAL LINE ARE NOT AN EYESORE. NOT CREATING A BLIGHT OR A CONCERN FOR NEIGHBORING PROPERTY OWNERS AND, IF YOU LOOK AT THOSE AERIAL PHOTOGRAPHS, EVERY OTHER PROPERTY DOWN INDIAN RIVER DRIVE HAS SOME SORT OF WEEDS ALONG THE COASTAL LINE. BECAUSE, IT IS A COASTAL LINE.
YOU CAN'T JUST JUMP OUT THERE ONCE A WEEK AND CUT THAT STUFF BECAUSE THE DEP WILL CRACK DOWN ON YOU AND THAT IS VERY CLEAR HERE BECAUSE, YOU DON'T KNOW WHAT IS OUT THERE.
THERE ARE JURISDICTIONAL SEA GRASSES OR OTHER COASTAL SEA GRASSES THAT CANNOT BE TOUCHED. WE ARE NOT TALKING ABOUT CHEST HIGH WEEDS, WERE NOT TALKING ABOUT HEAD HIGH WEEDS OR BARELY EVEN KNEE HIGH WEEDS AND WE WERE OUT THERE THIS MORNING.
IT IS A NON-ISSUE. AGAIN, THE WEEDS AROUND THE SWALE AREA IS A NON-ISSUE. IT IS NOT A BLIGHTS, IT IS NOT AN EYESORE. IT IS NOT CREATING AN ISSUE FOR
[00:40:04]
NEIGHBORING PROPERTY OWNERS. YOU HEARD NO TESTIMONY WHATSOEVER THAT THIS WAS STARTED BY OR THE CITY RECEIVED A COMPLAINT FROM NEIGHBORING PROPERTY OWNERS.THERE WERE NONE. THIS WAS STARTED OF THE CITY'S OWN VOLITION AND SO, THIS IDEA THAT REALLY ANY OF THESE ISSUES ARE ISSUES THAT TRULY CREATE A NUISANCE AND ARE CREATING A PUBLIC HEALTH SAFETY, LIFE SAFETY ISSUES, A BLIGHTS, A DEVALUATION OF PROPERTY OR SURROUNDING PROPERTY OR SOME IMPACT IS A FALLACY BECAUSE THAT IS SIMPLY NOT THE CASE.
IF YOU LOOK AT THOSE PICTURES YOU WILL SEE EXACTLY WHAT I AM SAYING. THE LAWN IS CUT THE LAWN IS ALWAYS CUT CAR THE SIDEWALKS ARE EDGED.
THE TREE IN THE MIDDLE OF THE PARKING LOT, AGAIN, IT IS A NON-ISSUE. IT IS SURROUNDED BY CONCRETE.
THE IDEA THAT SOMEONE IS TO ABSCOND FROM LAW ENFORCEMENT CAN HIDE IN A SINGLE SHRUB SURROUNDED BY CONCRETE IS A FALLACY. THAT ARGUMENT DOES NOT HOLD WATER. ARE THERE SEVERAL DEAD TREES ON THE PROPERTY? YES.
THE PICTURES REFLECT THAT THERE ARE SEVERAL DEAD PALM TREES ON THE PROPERTY AGAIN, THOSE PALM TREES ARE NOT HURTING ANYONE.
IT IS NOT CREATING A BLIGHTED SITUATION.
WE AREN'T LOOKING AT 40 TO 50 DEAD PALM TREES ON THE PROPERTY GOOD THERE WERE THREE STUMPS SHOWN ON THOSE PICTURES AND THAT'S IT. THIS IS A PROPERTY THAT IT IS GOING TO BE DEVELOPED. IT IS NOT A PROPERTY THAT IT IS GOING TO BE FOREVER REMAINING LIKE THIS AND FRANKLY, THE PROPERTY HAS BEEN IN VERY SIMILAR SITUATION FOR A NUMBER OF YEARS. AS FAR AS THE APPEARANCE OF THE PROPERTY. AND CERTAINLY, THE RESPONDENTS HAVE MAINTAINED THAT COASTAL WEED LINE OTHERWISE IT WOULD BE CHEST HIGH OR HAD HIGH. IT'S NOT LIKE IT DOESN'T GET CUT IT JUST DOESN'T GET CUT WITH THE SAME FREQUENCY THAT THE LAWNS DO. THE IDEA THAT THERE IS LITTER OR GARBAGE, THE PICTURES DON'T SUGGEST ANY OF THAT.
THERE'S NO PICTURE OF A MOUNTAIN OF GARBAGE OR SINGULAR GARBAGE. COULD SOMEONE DRIVE BY THERE TODAY AND THROW OUT A PLASTIC BOTTLE? SURE. OF COURSE.
YOU COULD SAY THAT ABOUT ANY PROP ON INDIAN RIVER DRIVE.
SHOULD THAT RISE TO THE LEVEL THAT A CODE VIOLATION SHOULD OCCUR? NO.
THE REALITY IS IF YOU SAT THERE AND VIOLATED EVERY SINGLE PROPERTY WHERE THERE WAS A GLASS BOTTLE OR WEEDS ALONG THE COASTAL LINE THEN EVERY SINGLE PROPERTY ON INDIAN RIVER DRIVE WOULD BE VIOLATED. AND, THIS COURT WOULD BE OVERRUN WITH CODE VIOLATIONS WITH THE SAME ISSUE.
OUR POSITION IS THAT THIS IS SIMPLY A CONTRIVED SITUATION THAT THESE VIOLATIONS ARE DE MINIMIS AT BEST.
WE MAINTAIN THAT THERE ARE NO ISSUES BEING CAUSED TO CREATE A NUISANCE CONDITION AS DEFINED UNDER THE CODE AND THEREFORE, SHOULD BE A FINDING OF NO VIOLATION.
>> MAY I PROCEED SPECIAL MAGISTRATE?
>> MAY. >> SPECIAL MAGISTRATE, THIS CASE IS ABOUT THE PROPERTIES BEFORE YOU.
IT'S NOT ABOUT NEIGHBORING PROPERTIES.
IT'S NOT ABOUT OTHER PROPERTIES IN THE AREA.
IT IS ABOUT THE OBSERVATIONS OF THE CODE ENFORCEMENT OFFICER AND THE DOCUMENTATION OF THAT OBSERVATION.
YOU ARE THE TRIER OF FACT. YOU MAY LOOK AT THAT EVIDENCE AND DETERMINE WHETHER OR NOT IT MEETS THE STANDARDS FOR A VIOLATION UNDER THE CITY CODE. WITH REGARDS TO THE SPECIFIC VIOLATIONS THAT ARE BEFORE YOU TODAY THE RELEVANCE CODE SECTIONS ARE 2421 9 AND 18. SO, SUB NINE IS WHAT WE WERE TRAVELING UNDER IN TERMS OF THE SIGN POSTS THAT ARE FREESTANDING. I THINK HAD THERE BEEN GOOD COMMUNICATION AMONGST THE PARTIES WE MIGHT HAVE BEEN ABLE TO REACH AN AGREEMENT WHEREBY THE ACTUAL SIGNBOARDS THEMSELVES WERE PLACED BACK ONTO THE FREESTANDING STRUCTURES THAT THE VIOLATION COULD HAVE BEEN TAKING CARE OF.
CORRECT ME IF I AM WRONG, WE COULD AMEND OUR RECOMMENDATION THAT THE COULD BE DONE AND WE COULD CURE THE PROBLEM.
THAT IS ISSUE ONE. ISSUE TWO, IN REGARDS TO SUBSECTION 1824 Ã21 18, THAT SAYS ANY LANDSCAPING ELEMENT THAT IS NOT MAINTAINED INCLUDING NOT LIMITED TO LAWNS, HEDGES, BUSHES AND TREES IS WHERE THE CONCERN LIES.
WITH REGARD TO ESPECIALLY THE DEAD TREES AND THE FOLIAGE THAT
[00:45:03]
IS AROUND, IT IS, I MEAN, WHETHER WE ARE ON THE SCALE OF THE MOST EGREGIOUS OR MODERATE, IT DOESN'T MATTER.IT VIOLATES THE CODE. WE ARE ASKING THAT YOU FIND THE VIOLATION BASED ON THE EVIDENCE THAT HAS BEEN PRESENTED BEFORE YOU AND, I WILL FOLLOW UP BY SAYING THERE IS ABSOLUTELY NO EVIDENCE WHATSOEVER OF ANY IMPROPER ANIMUS OR HARASSMENT OR ANYTHING OF THAT NATURE SO I WOULD ASK THAT YOU DISREGARD AND STRIKE ANY ARGUMENTS MADE TO THAT EFFECT BECAUSE THERE WAS NO TESTIMONY PRESENTED TO YOU TO SUPPORT THOSE CONTENTIONS. I JUST WANT TO SEE IF THERE IS ANYTHING ELSE THAT MR. REESE WANTED TO ADD?
>>. >> I HAVE NOTHING FURTHER.
THAT WILL CONCLUDE MY ARGUMENT. >> LET ME TAKE THESE ONE BY ONE. 20 Ã2764.
>> 2764? >> SPECIAL MAGISTRATE: YES, THAT IS THE LAST CASE BUT IT CAME FIRST.
THAT ENTAILS A SMALL SECTION OF TREES THAT IS BETWEEN IT LOOKS LIKE, AN APARTMENT OR IS THAT THE SCHOOL?
IN THE PHOTOGRAPHS. >> IT COULD BE AN APARTMENT
BUILDING MA'AM. >> JUST LOOKING AT THE PHOTOGRAPH I DO FIND THAT THE VIOLATION EXISTS.
THAT AREA COULD BE CLEANED UP. IT COULD BE TRIMMED.
THE GRASSES COULD BE MOWED AND FROM THE VIEWPOINT OF THE PHOTOGRAPHER I MEAN, IT'S A VERY BEAUTIFUL VIEW OF THE RIVER BUT THAT PARTICULAR SECTION COULD BE MOWED.
IT COULD BE LANDSCAPED A LITTLE BIT.
>> YOU ARE TALKING ABOUT THE SWALE AREA BASICALLY?
>> I'M LOOKING AT THE EXHIBITS PAIR THERE'S AN APARTMENT IN
THE PHOTOGRAPH. >> SPECIAL MAGISTRATE IF YOU IDENTIFY THE PHOTOGRAPH WE WILL PULL IT UP.
>> I BELIEVE IT IS THIS AREA RIGHT HERE?
>> JUST SO WE ARE CLEAR THE EXHIBITS THAT ARE BEING PUBLISHED ON THE SCREEN TODAY ARE IN THE SAME ORDER AS THE PHOTOS THAT WERE SUBMITTED INTO EVIDENCE, CORRECT? SO, AS YOU SEE THEM COME UP ON THE SCREEN THEY ARE IN THE SAME ORDER OF THE POCKETS OF THE PHYSICAL PHOTOGRAPHS THAT YOU
ACCEPTED. >> IN MY COMPOSITE THIS WOULD BE 1C. THAT AREA COULD BE CLEANED UP AND IT WON'T TAKE A LOT TO DO THAT.
NOW, LET'S GO ON TO, LET'S SEE, 2758 IS THE NEXT CASE? IN THAT PHOTOGRAPHS THERE'S A BIG CLUSTER OF PALM TREES AND A PARKING LOT AND AGAIN, THEY COULD BE TRIMMED.
I THINK THAT IS ALL THE CITY IS ASKING FOR.
AM I CORRECT? >> TO HAVE THEM TRIMMED UP YOU HAVE THE DEAD TO BURY AND YOU CAN SEE IN THE PHOTO SOME OF THE TRASH THAT IS THERE NEEDS TO BE PICKED UP.
>> YES, CLEAN UP THAT AREA WHICH SHOULDN'T TAKE A LOT.
IN THAT AREA, IN THAT SAME CASE, WE ARE ALSO TALKING ABOUT
THE TWO DEAD PALM TREES? >> YES MA'AM.
>> OKAY. >> IF THERE IS A LEGITIMATE REASON FOR NOT MOVING THOSE PALM TREES AND MR. REID HAS COMMUNICATED TO WHOMEVER AND THAT'S FINE AND IF NOT I DON'T SEE THAT THERE IS A PROBLEM TO REMOVE THOSE.
AND FINALLY, 2759 AND ALL OF THESE ARE INTERRELATED.
YOU SEE THE CLUSTER AGAIN OF GRASS THAT COULD BE CLEARED UP,
[00:50:04]
MOWED, AND AGAIN THIS IS NEAR THE APARTMENTS AS WELL.AGAIN, THEY ARE IN THAT COMPOSITE EXHIBIT AGAIN.
THOSE PALM TREES THAT WE LOVE IN FLORIDA BUT THEY DO CREATE A MESS. THAT AREA COULD JUST BE CLEANED UP. JUST BREAK IT AND TRIM IT.
IF THERE ARE COASTAL PROHIBITIONS IN PLACE THEN JUST LET THE CITY KNOW. THAT COULD BE WORKED OUT.
AGAIN, THERE IS THAT SAME GRASSY AREA THAT COULD BE CLEANED UP. SO, I DO FIND THAT WITH REGARDS TO THE COMMENTS THAT I JUST MADE THAT A VIOLATION DOES EXIST AND IT EXISTS AT INDIAN RIVER JOB, PAI IRD LLC, THEY ARE IN VIOLATION AND NUTS IN ALL THREE CASES.
AND, I WILL GIVE YOU 30 DAYS, IS THAT SUFFICIENT TO CLEAR IT
>> I WILL GIVE YOU 45 DAYS TO COME INTO COMPLIANCE AND IF NOT WHAT IS YOUR REQUEST MR. BRADLEY?
>> SPECIAL MAGISTRATE THIS WAS A LOT CLEARING CASE SO TRADITIONALLY IF THE PROPERTY IS NOT COMPLIED THAN A CITY VENDOR WILL PUT A BID IN TO DO THE WORK.
>> OKAY. LET ME GET TO MY CHEAT SHEET.
SO, IF IT IS NOT DONE WITHIN A 45 DAY PERIOD OF TIME THE CITY WILL BE ALLOWED TO HIRE IT'S OWN CONTRACT THERE, HAVE THE CONTRACTORS CLEAR THE LAND AND THEN CHARGE WHATEVER IT COSTS TO THAT CORPORATION IN QUESTION? IF YOU HAVE ANY CONCERNS, CONTACT MR. BABBITT, HE WOULD BE A BETTER CONTACT IN LIGHT OF THE TESTIMONY AND CERTAINLY IF THERE ARE ANY COASTAL PROHIBITIONS THAN WHAT THE CITY KNOW AND WILL BRING THEM UP. YOU HAVE 30 DAYS TO APPEAL.
>> YOU'RE WELCOME. >> MR. REID?
MR.:0 TAKE YOUR CLIENT OUT. >> WHAT YOU CAN DO?
TRY ME LADY. >> NEXT CASE, MADAME CLERK?
[INDISCERNABLE] >> I'VE GOT YOUR NUMBER FRAN.
>> MADAME CLERK CALL THE NEXT CASE.
>> WE ARE GOING TO, SPECIAL MAGISTRATE WERE GOING TO GO BACK TO THE BEGINNING OF OUR HEARING THAT WE SKIP OVER AND IDENTIFY THE CASES THAT ARE IN COMPLIANCE OR RESCHEDULED AND THEN I BELIEVE WE HAVE A TELEPHONE CONFERENCE?
>> YES WE DO. >> LET'S GO BACK TO THE BEGINNING TO THE CASES IN COMPLIANCE.
CAN YOU CALL THAT? THESE ARE CASES WHO ARE IN
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
COMPLIANCE OR RESCHEDULED. CASE 20 Ã1637 JENKINS ROAD WAS PULLED. CASE 20 Ã2024 AND 49 WAS PAVED, CASE 20 Ã1729 805 HICKORY STREET WAS COMPLIED.CASE 20 Ã1812 807 HICKORY STREET WAS COMPLIED CASE 20 Ã 1731 3105 HIBISCUS AVENUE WAS COMPLIED.
CASE 20 Ã2730 APRIL 17, 2022 VINNIE DRIVE WAS PULLED.
[00:55:02]
CASE 20 Ã970 U.S. HIGHWAY ONE IS COMPLIED.CASE 20 Ã0883 2608 SOUTH HIGHWAY ONE IS COMPLIED GOOD CASE 20 Ã1183 1123 S. SEVENTH STREET WAS PULLED AND THEN CASE 20 Ã1696 1104 HEMLOCK WAS COMPLIED.
>> I BELIEVE THAT 24 Ã8 IS A TELEPHONE CONFERENCE? LET'S WE HAVE TWO TELEPHONE CONFERENCES.
>> BEFORE WE DO THAT SPECIAL MAGISTRATE, CASE 10C IS CALLED.
WERE GOING TO GO DOWN BECAUSE WE HAVE AN EMPLOYEE WHO NEEDS
[C. 20-2662 CE 1234 S Indian River Drive Follano Jr, Gerard Cleslinski, Sarah Heather Debevec Paul Bertram]
TO BE RELEASED SO IF WE COULD GO DOWN TO 10C.THIS IS SOUTH INDIAN RIVER DRIVE IN SOLANO.
>> ARE YOU PRESENTING, TO MR. BERTRAM? YOU CAN SIT UNTIL YOU ARE READY.
OKAY DEBEVEC YOU CAN PROCEED. >> THIS IS 20 Ã2062 1234 S.
INDIAN RIVER DRIVE. THIS WAS INITIATED LAST YEAR FOR SECTION 123 Ã66 TREE PROTECTION AND MITIGATION.
THE CITY REQUESTED THE SPECIAL MAGISTRATE FRAMES THE VIOLATION OF THE MOVING OF ONE LAUREL OAK AND 6 COCONUT PALMS EXISTS.
VIOLATION WILL BE OF CODE DBH AT $250 TO A TOTAL OF 3006 COCONUT PALMS AT $200 EACH WITH A TOTAL OF 1200 WITH A TOTAL OF $8200 PER THE MONEY FROM THE FINE IS REQUESTED TO GO TO THE CITY TO REFUND. I HAVE A PHOTO IN WHICH TO
SUBMIT. >> YOU TOOK THE PHOTO? DID IT FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
X YES MA'AM. >> WE MOVE THIS IN EXHIBIT ONE AND NOTE THE RESPONDENT PRESENT THIS MORNING.
>> ANYTHING FURTHER DEBEVEC? >> I DON'T BELIEVE SO.
>> BERTRAM? ANYTHING FROM YOU THIS MORNING?
>> WE NEVER HEARD ANYTHING FROM THE CLIENT.
I THINK THEY MOVED DOWN FROM UP NORTH AND WE HAVEN'T SEEN ANYTHING. THE TREES DISAPPEARED AND WE WERE CALLED BY SOMEONE IN THE PUBLIC TO COME AND CHECK IT OUT AND WE DID AND THEY HAD NOT PUT IN FOR A TREE REMOVAL PERMIT.
WE WE'RE ABLE TO MEASURE THE STUMPS AND SEE THE STUMPS THAT WERE LEFT BEFORE THE TREE TERMER CAME BACK AND GROUND
THEM OUT. >> MR. BERTRAM FOR THE RECORD
>> OKAY. >> YOU NEVER HEARD FROM THE
OWNERS OF THE PROPERTY? >> I HAD NOT.
>> HAD YOU? >> I THINK I SPOKE TO THEM
ONCE. >> THERE STILL CONSTRUCTION GOING ON AT THE HOUSE PAID THEY ARE BUILDING SOMETHING BEHIND IT YOU'RE IN THE DRIVEWAY OR SOME THING.
THAT WAS THIS MORNING. >> OKAY.
ALL RIGHT. THERE HAS BEEN NO ONE HERE ON BEHALF OF GERALD OR SARAH. THIS IS THE SECOND TIME THIS HAS APPEARED BEFORE ME. BASED ON THE EVIDENCE OF TESTIMONY PRESENTED I FOUND THAT THE VIOLATION EXISTED ON 1234 S. INDIAN RIVER DRIVE AND THAT GERALD AND SARAH ARE THE RESPONSIBLE PARTIES OF THE VIOLATION.
I WILL ASSESS THEM $4200 FOR THE TREE REMOVAL.
THE MONEY IS REQUESTED TO GO TO THE CITY TREE FUND AND YOU HAVE
30 DAYS TO APPEAL. >> THANK YOU SPECIAL
[01:00:04]
MAGISTRATE. >> WHEN YOU ARE READY MADAME CLERK.
>> THE FIRST TELEPHONE IS, WE ARE GOING TO DO MAX'S FIRST OR
>> HE WORE HIS COAT, HE IS WARM.
[CHUCKLE] THEY LOOK COLD OUT THERE ALL OF THEM.
>> I HAVE MY COAT ON, TO SO I CAN'T MAKE FUN.
>> SO DO I. IT IS ALWAYS COLD.
[A. 21-0042 PK Appeal 1415 S Ocean Drive Gallagher, Elaine Heather Debevec]
>> HELLO? >> GOOD MORNING, MS. GALLAGHER? THIS IS PEGGY AND I AM WITH THE CITY OF FORT PIERCE CODE ENFORCEMENT I HAVE YOU ON THE PHONE IN FRONT OF THE SPECIAL MAGISTRATE AND WE ARE GETTING PREPARED TO HEAR YOUR CASE.
I WANT TO CONFIRM THAT YOU CAN HEAR US OKAY?
>> YES, I CAN. CAN YOU HEAR ME OKAY?
WE ARE GOING TO START WITH THE CLERK SWEARING YOU IN AND THEN HEATHER WILL PRESENT YOUR CASE TO THE SPECIAL MAGISTRATE AND THEN YOU HAVE THE OPPORTUNITY TO PRESENT YOUR APPEAL.
YES. >> YES, THIS IS A PARKING APPEAL, CASE 2142, SOUTH OCEAN DRIVE IN GALLAGHER AND CAN YOU PLEASE STATE YOUR FULL NAME FOR ME? X DO YOU SWEAR OR CONFIRM THAT YOUR TESTIMONY IS THE TRUTH?
>> YES. >> SPECIAL MAGISTRATE THIS IS TECHNICALLY A PARKING APPEAL AND I'M GOING TO GO AHEAD AND QUESTION HER IF THAT'S OKAY. WERE YOU ASSIGNED TO CASE
>> WHEN WA THAT CASE INITIATED?
>> JANUARY 9 OF THIS YEAR. >> WERE THEY IN THE CITY OF
>> WHERE? >> 1415 S. OCEAN DRIVE.
>> WHAT WAS THE NATURE? >> IT WAS A SINGLE VEAL LEAD VEHICLE PARKED IN A BOAT SPACE ON THE SOUTH END OF THE PARKING
LOT. >> WERE THERE ANY SIGNS TO INDICATE IT WAS A PARKING SPACE THAT WAS RESERVED FOR BOAT AND
>> DID YOU TAKE ANY PHOTOGRAPHS THAT DAY?
>> YES. >> WERE THEY PROVIDED TO THE
RESPONDENT? >> AS FAR AS I KNOW, YES.> I AM SORRY, IS THAT FOR ME, WERE THEY GIVEN TO ME?
AM I ALLOWED TO INTERRUPT? >> YES.> I DIDN'T UNDERSTAND WHAT YOU MEANT BY PHOTOS BECAUSE I WAS NEVER SHARED
PHOTOS. >> WERE YOU FORWARDED ANY
PHOTOS THAT WE HAVE? >> I PROVIDED PHOTOS.
I WAS NEVER GIVEN ANY PHOTOS. >> OKAY.
MISS DEBEVEC DID YOU GET ANY PHOTOS FROM THE RESPONDENT?
>> NOT TODAY HAVE SENT. >> I SENT THEM TO COLLEEN AND SHE SAID SHE WOULD FORWARD THEM.
>> COLLEEN? >> WE ARE CHECKING THE FILE.
>> THE ONLY PHOTOS THAT I HAVE ARE THE ONES THAT I HAVE TAKEN.
>> I HAVE THE EMAIL SHOWING THAT I SENT THE PHOTOS.
>> OKAY. IF I GIVE YOU AN EMAIL CAN YOU
FORWARD THAT RIGHT NOW? >> YES.
I LOOKED AT IT THIS MORNING BUT AS SOON AS I GET ONTO MY
COMPUTER. >> HEATHER HAS JUST RAISED HER
HANDS. >> SHE DOES HAVE THEM ATTACHED I LEFT THEM ATTACHED WITH THE EMAIL.
>> WE HAVE THE PHOTOS SUBMITTED BUT WE DIDN'T HAVE THE PHOTOS THAT WE WANTED TO SUBMIT IS THAT CORRECT?
>> I NEVER RECEIVED ANY OTHER NOTICE.
I ONLY SUBMITTED PHOTOS. >> OKAY.
MS. GALLAGHER ARE YOU ABLE TO VIEW ANYTHING ON YOUR PHONE OR
[01:05:06]
ON A COMPUTER RIGHT NOW? >> I BELIEVE I WOULD BE ABLE TO. I AM JUST LOGGING ON RIGHT NOW.
I WAS ON A DIFFERENT SCREEN. WOULD YOU LIKE ME TO GO ON TO
ZOOM NOW? >> NO, GO ON TO THE CITY OF FORT PIERCE.COM AND THAT IS ALL SPELLED OUT.
>> IF YOU PAGE DOWN YOU'RE GOING TO SEE AN ICON AND IT
IF YOU CLICK ON THAT IT WILL SHOW A HERO OF OUR PROCEEDINGS
IN FRONT OF YOU RIGHT NOW. >> OKAY, PERFECT.
I SEE THAT. >> I'M GOING TO PUT SOME PICTURES UP ON A SCREEN AND YOU WILL HAVE THE OPPORTUNITY TO SEE IT. THE INTERNET IS ABOUT 10 SECONDS BEHIND OUR CONVERSATION.
THESE ARE THE PHOTOS THAT YOU CAN SEE HIM GO THROUGH THEM QUICKLY SO THAT SHE CAN SEE THEM FIRST.
>> THANK YOU. AND CODE OFFICER DEBEVEC WE WANT EVERYONE TO SEE THE PHOTOS THAT YOU TOOK.
>> OKAY. SHOULD I HAVE MY VIDEO ON MY COMPUTER? BECAUSE THERE IS LIKE AN ECHO.
>> WE ABLE TO SEE THE PHOTOS THAT I JUST WENT THROUGH?
>> THEY ARE VERY FAR AWAY FROM ME.
WHAT I SEE ON THE SCREEN YES RIGHT THERE I SEE MY LICENSE
>> FIRST ONE IS THE LICENSE PLATE HEAR THE SECOND PHOTO IS FROM A LITTLE FURTHER BACK HAS NOT SHOWN UP YET?
>> AND OF THE CITATION? >> I AM STILL ON THE PICTURES OF THE PARK. NOW MY CAR.
>> DO YOU SEE YOUR PICTURE OF THE CAR IN YOUR CITATION?
>> ON THE FRONT WINDOW. LET ME SEE.
IT IS ON THE BACK RIGHT NOW. I'M LOOKING AT THE BACK OF MY
CAR. >> YES, THE INTERNET HAS A
DELAY. >> NOW I SEE MY LICENSE PLATE,
>> COMING AND YOU CAN SEE YOUR WINDSHIELD WIPERS AND LICENSE PLATE AND THEN THE NEXT PICTURE IS OF A PARKING SPACE.
>> IT HASN'T CHANGED. I'M STILL LOOKING AT THE FRONT.
I SAW THAT RIGHT BEFORE. HOW MANY PHOTOS SHOULD I BE
THE LAST PHOTO IS A DISTANT SHOT OF THE PARKING SPACE
WITHOUT YOUR CAR IN IT. >> OKAY.
>> IT SORT OF SEEMS FROZEN. THERE IS A PICTURE OF A BOAT.
YOU CAN SEE THE BOAT AND THEN I'M ASSUMING IT SAYS TRAILER
PARKING. >> SPECIAL MAGISTRATE NOW THAT WEVE GONE THROUGH ALL THE PHOTOS I ASKED THAT WE HAVE THAT AS COMPOSITE ONE AND I ASKED EVERYONE FOR THEIR
PATIENTS. >> THEY WILL BE SUBMITTED.
YOU'RE WELCOME. >> HEATHER CAN YOU TAKE THOSE PHOTOS OUT WERE GOING TO TRY THE.
CAM AGAIN. >> MISS GALLAGHER WHAT WE ARE DOING NOW IS WE ARE TAKING THE PHOTOS THAT YOU SUBMITTED AND WE ARE GOING TO PUT THEM ON THE SCREEN ALSO.
IF YOU WANT TO EXPLAIN THE PHOTO TO THEM, TONYA WERE YOU
>> THIS WILL BE YOUR OPPORTUNITY TO SPEAK TO THE SPECIAL MAGISTRATE WITH WHATEVER YOU HAVE TO PRESENT AND WE WILL HAVE YOUR PHOTO UP. BEAR WITH US ONE 2ND TO GET THE
[01:10:30]
>> OKAY. TELL ME WHEN YOUR PHOTOS SHOW
UP ON YOUR SCREEN, MA'AM. >> OKAY.
RIGHT NOW I AM PRETTY FAR AWAY FROM THE SCREEN AGAIN.
IT DOESN'T LOOK LIKE A PHOTO. IT LOOKS LIKE SOME WRITING.
>>. >> IF YOU WISH TO START SPEAKING TO THE SPECIAL MAGISTRATE I HAVE THE PHOTOS UP SO YOU CAN SEE THEM AND WHILE YOU'RE WAITING FOR THE INTERNET TO REFRESH AND CATCH UP WITH OUR SPEAKING.
>> I DO SEE THEM NOW. I BELIEVE IT IS MY SHADOW AND MAY BE HEATHER I BELIEVE IS HER FIRST NAME AND MY DAUGHTER.
THAT IS IN THE FIRST PHOTO IN THE SECOND PHOTO IS A PICTURE FROM THE END OF WHAT WE LIKE AND WERE TAKING IT FAR ENOUGH BACK TO THE LEFT AND MAYBE THERE WAS AN ENTRANCE TO THE PARK AREA AND THEN THIS IS SHOWING ALL OF THE PARKING SPOTS THAT ARE FURTHER DOWN. THE WHOLE WAY DOWN TO WHERE I WAS PARKED. IS THAT WHAT IS ON THE SCREEN
RIGHT NOW? >> YES MA'AM.> OKAY.
IS IT MY TURN NOW? >> YES MA'AM.
>> OKAY. WE ARE NOT FROM THERE.
I AM FROM PENNSYLVANIA. WE RECENTLY HAD BEEN LOOKING AND PURCHASED A CONDO IN THE FORT PIERCE AREA.
WE WERE DOWN THERE GETTING READY TO CLOSE ON A CONDO.
MY DAUGHTER'S PLAY TENNIS SO OBVIOUSLY WANTED TO PLAY TENNIS BUT OUR TENNIS COURT WAS BEING REPAIRED AND WE WERE LOOKING FOR ANOTHER ONE AND HAPPEN TO FIND THIS ON THE MAP.
PSO I DROVE TO THE PARK THAT DA AND IT WAS A LITTLE BIT OF A WINDIER DAY. NOT COLDS BUT IT WAS A LITTLE CHILLY. SO, I WAS TALKING WITH HEATHER AND THEY SAID THE REASON THAT THERE WAS NO ONE IN THE PARK THAT DAY WAS DUE TO THE WINDY CONDITIONS THAT WAS EXPLAINED IN MY PICTURE AND YOU DON'T SEE ANY CARS AND I AM GUESSING PROBABLY 1/2 HOUR AFTER WE HAD RECEIVED MY TICKET WE WENT BACK. I WENT TO THE PARK AND WHEN I FORCED PULLED IN I PULLED INTO THE RIGHT AND NOTICED A ONE-WAY SIGN. WE CONTINUED STRAIGHT AHEAD AND WENT DOWN TO THE AREA WHERE YOU PUT YOUR BOAT IN AND AGAIN THIS IS THE FIRST TIME AT THE PARK. WE WENT AROUND AT THAT TIME I DID NOT NOTICE ANY FLASHING LIGHTS WITH THE TWO TRUCKS THAT PWERE PARKED THERE AFTER I WENT BACK.
I DID DIDN'T NOTICE THE TRUCK AND MAYBE THEIR LIGHTS WERE FLASHING AT THE TIME. WE PULLED AROUND AND WE WERE SPECIFICALLY LOOKING FOR THE TENNIS COURT.
WE WOULD HAVE LOVED TO HAVE GONE TO THE BEACH BECAUSE IT WAS A LITTLE CHILLY THAT DAY. WE PULLED THE WHOLE WAY AROUND AND WE WENT BACK TO WHAT LOOKED LIKE A BATHROOM AREA.
I DON'T REMEMBER BUT I DON'T BELIEVE THAT THERE WERE ANY CARS. THE MIGHT'VE BEEN ONE OR TWO CARS PARKED THERE BY THE BEACH AREA AND I THINK IT WAS A CHILDREN'S PARK AREA TO MY RECOLLECTION.
SO, WE CONTINUED ON BECAUSE WE SAW WHERE THE TENNIS COURTS WERE AND THEY WERE FURTHEST AWAY FROM THE PARKING LOT ON THE OTHER SIDE NEAR A CONDOMINIUM COMPLEX.
MY DAUGHTER, MY YOUNGER 16-YEAR-OLDS AND MY OLDER 23-YEAR-OLD DAUGHTER WITH ME. WE DROVE AND THEY SAID MOM THERE'S NO OPENING WE CAN'T GET THROUGH THE FENCE GOING.
SO I KEPT DRIVING ALONG AND AT THAT POINT I BELIEVE IN THE SECOND PICTURE I HAVE OF THEIR WE HAVE A YELLOWISH PAINT AND THEN WE WERE DRIVING ALONG THERE AND LOOKING TO THE LEFT AND WE WERE LOOKING AT THE FENCED AREA.
OBVIOUSLY WE WERE TRYING TO FIND AN OPENING TO THE FENCE BECAUSE THE TENNIS COURT WERE AT THE END OF THE PARKING LOT AND I'M SURE YOU ARE FAMILIAR. I'M TRYING TO EXPLAIN WHY WE
[01:15:04]
WERE DRIVING UP THAT WAY. WHEN I SAW THE OPENING IN THE FENCE AND I STARTED TO GET UP TO IT I SAID THAT'S WHERE WE CAN GO. WE PULLED IN AND I SAID, LET ME MAKE SURE THIS ISN'T A HANDICAP SPOT.SO NOW, THERE WAS NOT ONE CAR AS YOU CAN SEE IN THAT PHOTO, THERE WAS NOTHING AROUND AND I'M NOT SAYING THAT WAS AN EXCUSE TO PARK THERE BUT I DID WORRY ABOUT TAKING UP THE LAST SPOT. WHEN I PULLED BACK OUT AND I LOOKED DOWN I DIDN'T QUITE UNDERSTAND BECAUSE WE HAVE AREAS IN PENNSYLVANIA THAT ARE A STATE PARK AND THERE ARE PARKING SPOTS. I HAVE A BOAT, I HAVE A TRAILER AND THERE ARE PARKING SPOTS THAT ARE OUT OBVIOUSLY LONGER TO PARK YOUR CAR IN YOUR BOAT. OR YOUR TRAILER.
BUT, IT HAS NEVER BEEN THAT YOU GET A TICKET IF YOU PARK THERE.
THAT'S MY WHOLE THING. I REALLY DIDN'T SEE THE SIGN SAYING THAT IT WAS JUST FOR BOATS AND TRAILERS BUT WHEN I SAW THAT IT WASN'T A HANDICAP SPOT WHICH I WOULD NEVER PARK AND I PULLED BACK IN. WE WALKED OVER TO THE TENNIS - COURTS AND PLAYED TENNIS. AGAIN, LIKE I SAID IT WAS A WINDY DAY. THE YOUNGER DAUGHTER WASN'T FEELING GREAT AND DIDN'T WANT TO CONTINUE PLAYING.
I THOUGHT WELL, I WILL TAKE HER HOME AND I WELCOME BACK AND PLAY WITH MY OLDER DAUGHTER. WE PACKED UP OUR TENNIS GEAR AND WE GOT IN THE VAN AND PULLED OUT AND I NOTICED ON MY WINDSHIELD I HAD A PAPER SO I GOT OUT AND I TOOK IT AND I LOOKED AT THE PAPER I HAVE WITH ME RIGHT NOW IN MY HANDS AND I COULD NOT TELL OTHER THAN IT WAS A $50 FIRST OFFENSE THAT I HAD A TICKET. AND SO, I STARTED LOOKING AROUND AND I SAID OH MY GOSH WAS THIS A HANDICAP SPOT.
>>> I LOOKED CLOSER AT THE PAINT THAT WAS NOT COMPLETELY CLEAR AND I SEE IN HEATHER'S PICTURES THAT YOU CAN MAKE IT OUT. IT'S HARD ME TO SEE TO BE HONEST WITH YOU AND ALL THE SPOTS THAT I SEE IN MY PHOTOS WERE ALSO SPOTS THAT WERE IN THAT BOAT TRAILER PARKING AREA.
IN MY PHOTOS I CAN SEE, I HONESTLY, I STOOD UP AFTER I TELL YOU, I WAS A LITTLE CONFUSED BUT MY DAUGHTER WAS NOT FEELING WELL AND WANTED TO GO HOME AND I WAS LIKE OH MY GOODNESS WHY DID I GET THE TICKET? WE DROVE HER HOME BACK TO THE CONDO AND CAME BACK WITHIN 10 TO 15 MINUTES BECAUSE WE ARE JUST DOWN THE ROAD.
WHEN WE GOT BACK I PULLED IN AGAIN AND THIS TIME I KNEW IT WAS A ONE-WAY. WE WENT THE WHOLE WAY DOWN AND SO I STARTED PULLING DOWN TO THE TRUCK AND THE LIGHTS WERE GOING AT LEAST ON ONE OF THEM. THAT DREW MY ATTENTION AND I SAID OH MY WONDER IF THIS IS SOMEONE I CAN SPEAK WITH ABOUT MY TICKET. I WENT BACK AND I LOOKED AT THE SPOT AND I SAID THAT I WAS STILL NOT SURE BUT I DID SEE THE SIGN FURTHER DOWN. I SEE IT THIS TIME WHEN I WENT BACK THERE THE SECOND TIME. I WALKED DOWN AND I THINK HER NAME IS OFFICER JANIE AND I HAVE HER CARD.
YES. >> SPECIAL MAGISTRATE, I DON'T MEAN TO INTERRUPT ME I'M, I'M TRYING TO GIVE AS MUCH LEEWAY AS POSSIBLE BECAUSE WE HAVE THE LITIGANT HERE.
>> I DON'T KNOW WHAT THAT MEANS.
>> MA'AM, I AM TRYING TO GIVE YOU AS MUCH LEEWAY TO EXPLAIN YOUR CASE AS POSSIBLE BECAUSE YOU ARE REPRESENTING YOUR SELF BUT I HAVE TO OBJECT TO THE RELEVANCE AS TO WHAT HAPPENS AFTER THE TICKET WAS GIVEN BECAUSE THE ISSUE IS HOW THE
CAR WAS IMPROPERLY PARKED. >> THAT OBJECTION IS SUSTAINED.
>> I CAN'T TELL YOU WHAT I TALKED ABOUT WITH THE OFFICER?
>> NO MA'AM. YOU CAN TELL ME WHAT YOU SAID BUT YOU CAN'T TELL ME WHAT THEY SAID.
>> OH. SO WHEN I WENT BACK AND I WAS QUESTIONS, BASICALLY I HEARD FROM SOMEBODY THAT I WAS SPEAKING WITH THAT THE SIGNS WERE CONFUSING AND ALTHOUGH THEY WERE CONFUSING I SHOULD HAVE LOOKED DOWN ON THE GROUND TO SEE THE PAINTS. WHEN I ASKED HER TO WALK BACK WITH ME SHE WALKED BACK WITH ME AND I SAID, ALL OF THESE SPACES THAT YOU ARE NOT ALLOWED TO PARK IN DON'T HAVE PAINT ON IT AND SHE SAID IT GETS FADED FROM THE FLORIDA SUN.
[01:20:06]
HOWEVER, THE HANDICAP SPOT AND A WISH I WOULD'VE TAKEN A PICTURE OF IT, THAT WAS PRETTY BRIGHTLY PAINTED SO WAS THE YELLOW AREA. THAT WAS PAINTED.I WAS TOLD, BASICALLY THAT EVEN THOUGH THE SIGNS ARE CONFUSING, BOTH OF THEM TOLD ME I NEEDED TO LOOK DOWN ON THE GROUND AND LOOK AT THE WORDS ON THE GROUNDS.
BASICALLY IN MY DEFENSE AND I AM NOT A LAWYER.
I DON'T KNOW WHAT I AM ALLOWED TO SAY OR NOT.
BASICALLY MY DEFENSE IS I'M NOT FROM THE AREA.
I AM VERY CAREFUL NOT TO PARK IN HANDICAPPED SPOTS.
I TRY MY BEST NOT TO PARK MY CAR IF IT GOES OVER TO THE YELLOW AREA OF A PARKING AREA. OF COURSE, NOW THAT I AM AWARE THAT THERE IS NO PARKING IN A TRAILER AND BOAT PARKING WITH A VAN, I WON'T PARK THERE ANYMORE.
I WILL PARK AT THE OTHER END AND WALK THE FURTHER DISTANCE TO GET TO THE TENNIS COURT. BUT, I WAS SURPRISED.
I DID TALK TO BOTH OF THE OFFICERS AND BASICALLY THEY TOLD ME WHAT IT IS EVEN THOUGH THERE'S NO CARS THERE.
IT WAS HARD TO TELL, THE SIGN WAS FURTHER DOWN TO THE OTHER SIGN WAS UP IN THE GRASS THAT WASN'T CLOSE TO WHERE I WAS PARKED. AND SO, I'M JUST ASKING FOR LEEWAY ON THE PARKING TICKET. $50 IS QUITE A LARGE AMOUNT ESPECIALLY DUE TO THE CIRCUMSTANCES THAT THE PAINT IS NOT ON THE PARKING SPOT AND I DON'T KNOW REALLY.
I DON'T KNOW WHAT ELSE TO SAY EXCEPT IT COULD HAVE BEEN A WARNING THE FIRST TIME IN THEN I WOULD HAVE BEEN AWARE AND IF I WERE TO PARK THERE AGAIN IT'S MY FAULT FOR KNOWING THAT.
I WAS UNAWARE. THE SIGNAGE WAS NOT VERY CLEAR TO ME AS WAS IT'S NOT TOLD TO ME THAT IT WAS NOT A VERY CLEAR SIGNAGE. I GUESS THAT'S ALL.
>> ALL RIGHT. ANYTHING FURTHER?
>> I WOULD LIKE TO SPEAK ABOUT MY CONVERSATION THAT I HAD WITH THE OFFICERS BUT YOU ARE TELLING ME I AM NOT PERMITTED
TO? >> NO MA'AM, THAT IS HEARSAY.
ALL RIGHT. ANYTHING ELSE? I FIND A COUPLE OF THINGS THERE BEING NO FURTHER TESTIMONY.
THE PHOTOGRAPH I AM LOOKING AT CLEARLY SHOWS THAT YOUR VEHICLE IS PARKED IN A SPACE THAT SAYS AND EVEN IF SOME OF THE LETTERS ARE NOT CLEAR, IT CLEARLY STATES BOAT TRAILER PARKING.
YOU SAY YOU OWN A BOAT? >> I DO OWN A BOAT.
IN PENNSYLVANIA NOT FLORIDA. >> YOU SHOULD BE AWARE OF THE FACT THAT A PARKING SPACE WITH THIS KIND OF SIGNAGE AND LINKS, CLEARLY IS TOO MUCH FOR A SINGLE VEHICLE.
AND THEN, AS I LOOK AT THE PHOTOGRAPH THERE IS A SIGN, NOT VERY FAR AWAY THAT SAYS THE SAME THING.
SO BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION DOES EXIST AND THAT YOU ARE RESPONSIBLE FOR IT AND I WILL CHARGE YOU $50 FOR THE PARKING REGULATION IN THE RESTRICTED PARKING.OW MANY DAYS YOU NEED TO PAY THE $50?
>> THERE IS NO APPEAL TO THIS. >> THIS IS THE APPEAL.
I DON'T KNOW IF YOU CAN GO TO CITY HALL OR COUNTY COURT BUT YOU WILL INCUR ADDITIONAL FEES AND EXPENSES WITH THIS.
I'M NOT TELL YOU NOT TO DO AM JUST NOTIFYING YOU OF IT.
>> THE NEXT APPEAL BE TOO THE CIRCUIT COURT.
>> I PROBABLY WILL GET IT IN MY BANK TODAY AND DO IT THROUGH THE MAIL. I BELIEVE THEY USUALLY MAIL THINGS OUT WITHIN A FEW DAYS OF ME PUTTING IT IN SINCE TODAY IS WEDNESDAY A WEEKDAY I WOULD THINK IT WOULD BE THERE EARLY
NEXT WEEK. >> MISS GALLAGHER ARE YOU IN
PENNSYLVANIA RIGHT NOW? >> SPECIAL MAGISTRATE I'M JUST TALKING FROM PERSONAL EXPERIENCE MY FAMILY IS ALSO IN PENNSYLVANIA AND THEY JUST GOT MY CHRISTMAS CARD.
SO, IF WE CAN MAYBE BY EMAIL CONFIRM PAYMENT THAT WE MAY
[01:25:03]
HAVE TO GIVE SOME EXTENSION BECAUSE THE POSTAL SERVICE IN PENNSYLVANIA I CAN TELL YOU FROM PERSONAL EXPERIENCE IS A MESS RIGHT NOW. SO, MAY BE IN A LITTLE ADDITIONAL TIME FOR THAT POSTAL PROBLEM.>> WE DO 45 DAYS? >> 45 DAYS FOR THE POSTAL
SYSTEM. >> MISS GALLAGHER I WILL GIVE YOU 45 DAYS TO MAKE THE $80 PAYMENT TO THE CITY OF FORT PIERCE. THANK YOU.
>> I HAVE THE ADDRESS OF 100 NORTH U.S. HIGHWAY ONE?
>> NO, I AM SORRY. >> THAT IS CORRECT.
>> OKAY I HAVE THAT ADDRESS THEN.
>> ALL RIGHT MADAME CLERK, WHEN YOU ARE READY.
[D. 20-1890 CE 5000 Okeechobee Road Prickett Partners LLLP TELEPHONE CONFERENCE Chad Dawson]
>> WE HAVE ANOTHER TELEPHONE CONFERENCE.
THIS IS CASE 20 Ã1890 OKEECHOBEE ROAD.
PRICKETT PARTNERS LLLP. >> TRY IT WITHOUT THE ONE.
>> IT IS SAYING INCOMING CALL. >> HELLO?
>> HELLO? >> YES, I WAS JUST HAVING A HEARING AND IT SEEMED LIKE SOMEBODY CALLED ME BACK AND I WENT TO ANSWER AND NOBODY WAS THERE.
>> WE HAD A TECHNICAL PROBLEM, I APOLOGIZE FOR THAT.
HAVE A GOOD DAY. >> YOU, TOO. >> HANG TIGHT.
>> GOOD MORNING JACK PRICKETT. >> HELLO THIS IS PEGGY WITH THE
CITY CODE ENFORCEMENT. >> GOOD MORNING WOULD YOU HOLD
ON PLEASE?>> YES OR. >> THANK YOU.
THANK YOU VERY MUCH. GO AHEAD.
>> MR. PRICKETT WE HAVE YOU ON SPEAKERPHONE IN COMMISSION CHAMBERS PITCHES GETTING READY TO HEAR YOUR CASE.
FOR WE GET STARTED, COLLEEN IT IS GOING TO ANNOUNCE THE CASE AND SWEAR YOU WHEN. FOLLOWING THAT, MR. DAWSON, CODE ENFORCEMENT DAWSON IT IS GOING TO HEAR THE CASE AND THEN YOU WILL HAVE THE OPPORTUNITY TO SPEAK.
>> YES MA'AM. >> THIS IS 20 Ã1890, 5000 OKEECHOBEE ROAD. PLEASE STATE YOUR NAME FOR THE
RECORD. >> JOHN BOBBITT PICKET.
NEXT YOU SWEAR THAT YOUR TESTIMONY IS THE TRUTH?
>> THIS IS CASE NUMBER 20 Ã 1890 5000 OKEECHOBEE ROAD OWNED BY PRICKETT PARTNERS LLLP. THE CASE WAS INITIATED AUGUST 5, 2020. THE POVERTY WAS INITIALLY CITED FOR IPM C30 4.2 PROTECTIVE TREATMENT, IPM C TO 4.7 ROOFS
[01:30:12]
AND DRAINAGE, IPM C302 Ã7 ACCESSORY STRUCTURES, SECTION 24 Ã19, 20 Ã20, 20 Ã21 ONE AND 5 NUISANCE OF AN OBJECT OUTSIDE STORAGE AND SECTION ON 117 Ã3 BEAT REMOVAL OF SIGNS.FOR THE RECORD YOUR HONOR WE GOT NOTICE THAT THE PROPERTY WAS GOING TO BE TORN DOWN. WE CONTACTED THE OWNER AND WE CLOSE THE VIOLATION OF THE DRAINAGE AND THE VIOLATION OF OUTSIDE STORAGE HAS BEEN COMPLIED.
BASICALLY TODAY'S HEARING IS FOR THE REMOVAL OF SIGNS THAT IS ADVERTISING COWBOYS. THE CITY RECOMMENDS THAT THE SPECIAL MAGISTRATE FIND THE VIOLATION TO BE GIVEN 30 DAYS TO COMPLY OR $150 PER DAY TO BE ASSESSED.
I DO HAVE PHOTOS TO SUBMIT. >> MR. PRICKETT, WE RECENTLY THIS MORNING EMAILED YOU THE PHOTOS.
CAN YOU CONFIRM IF YOU HAVE RECEIVED THEM OR CHECK TO MAKE
SURE THAT YOU HAVE THEM? >> I HAVE NOT SEEN THEM.
>> IS THERE ANY WAY TO CHECK YOUR EMAIL RIGHT NOW?
>> YES. I DON'T THINK I WILL NEED TO.
THERE IS A LAG ON MY PHONE. >> IF WE LOSE YOU WE WILL CALL YOU BACK. WE WILL CALL YOU BACK.
CHECK YOUR EMAIL FOR THOSE PHOTOS.
>> I HAVE NOT GOTTEN ANY EMAILS IN THE LAST LITTLE WHILE.
IT HAS NOT COME THROUGH YET. >> LET'S MAKE SURE WE SENT THEM
TO THE RIGHT EMAIL. >> I'M URE YOU DID.
I HAVE BEEN HAVING A LAG ON MY PHONE AND THEN ALL OF A SUDDEN
I WILL GET 20 AT ONE-TIME. >> IT IS JAY RP PROPERTIES IS
THAT THE CORRECT EMAIL? >> YES@AOL.COM.
>> OKAY. IT IS TRYING TO COME THROUGH.
IT IS DOWNLOADING NOW. >> OKAY, WE CAN WAIT A MOMENT WHILE THAT HAPPENS.> WHILE HE IS DOING THAT WHAT SIGN ARE
YOU ASKING FOR MR. DAWSON? >> WE HAVE ASKED THE CITY TO REQUEST TO GIVE HIM 30 DAYS TO REMOVE THE ADVERTISING SIGNS, ADVERTISING COWBOYS AND IF HE DOESN'T THEN A FINE OF $150 PER
DAY WILL BE ASSESSED HERE. >> THANK YOU.
>> SPECIAL MAGISTRATE IT MIGHT SPEED THINGS ALONG IF WE CAN FIND OUT FROM MR. PRICKETT IF HE CAN TAKE THAT CORRECTIVE
ACTION WITHIN 30 DAYS HERE. >> YES.
YES WE ARE. NEXT MR. PRICKETT AS A REMINDER, I BELIEVE THAT MR. DAWSON HAS ALREADY EXPLAINED THIS. IF YOU REMOVE THE SIGNS THAT SAY COWBOYS AND REPLACE THEM WITH BLANK SIGNS THAT WILL COMPLY THE VIOLATION. I UNDERSTAND THAT THERE IS REDEVELOPMENT HAPPENING AND IF YOU WANT TO REMOVE THE ENTIRE SIGN STRUCTURE THAT IS ONE-WAY TO DO IT.
BUT, THE MORE COST-EFFICIENT AND EXPEDIENT WAY TO DO IT IS TO REMOVE THE SIGN FACES THAT SAY COWBOYS AND REPLACE ALL THE SIGNS. ANY SIGNAGE YOU HAVE WITH ADVERTISING ON IT NEEDS TO BE CHANGED TO A BLANK FACE.
>> MOST CERTAINLY YES I CAN DO THAT.
THIS IS MY FAULT. I MISUNDERSTOOD THE INSTRUCTION AND RECOVERED THE SIGN THINKING THAT IS WHAT WE NEEDED TO DO AND THAT IS MY FAULT. WE WILL CERTAINLY COMPLY.
>> IN LIGHT OF THAT SITUATION SPECIAL MAGISTRATE, I THINK THAT WE WOULD SAY THAT WE DON'T NEED TO PUT THE PHOTOS INTO EVIDENCE, IT WOULD BE ACCUMULATIVE AT THIS POINT.
>> I AGREE THAT THAT WILL BE ACCEPTED.
ANYTHING FURTHER FROM EITHER PARTY? THANK YOU FOR APPEARING BY PHONE MR. PRICKETT.
I IN THE MAGISTRATE. BASED ON YOU AND THE CITY OF FORT PIERCE THE VIOLATION EXISTS.
YOU WILL BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $100 PER
DAY WILL BE ASSESSED. >> MAY I ASK A QUESTION? IS IT $150 PER DAY AFTER THE 30 DAYS OR FROM TODAY?
IF YOU DO NOT COMPLY AFTER THE 30 DAYS THAT IS THE FINE.
[01:35:01]
>> OKAY, THANK YOU. I WANT TO SAY THAT WE ARE EMBARRASSED BY HAVING TO DO THIS BECAUSE WE WERE CERTAINLY ATTEMPTING TO COMPLY AND YOUR STAFF HAS BEEN VERY HELPFUL AND COURTEOUS AND WE THINK THEM FOR THAT.
>> THANK YOU MR. PRICKETT THAT IS VERY MUCH APPRECIATED.
>> OKAY, WE ARE DONE. THANK YOU.
>> THANK YOU MR. PRICKETT, HAVE A GOOD DAY.
>> THANK YOU ALL VERY MUCH AND THANK YOU FOR ALLOWING ME TO DO
THIS BY PHONE. >> YOU'RE WELCOME.
[C. 20-1688 CE 1118 Club Drive Chavez, Jaime R Isaac Saucedo]
>> HAVE A GOOD DAY.>> WE ARE HERE, 20 Ã1688, 1118 CLUB
DRIVE, CHAVEZ. >> GOOD MORNING.
>> GOOD MORNING. >> THIS IS CASE NUMBER 20 Ã 1688, 1118 CLUB DRIVE THE CASE INITIATED BY MYSELF INITIATED ON OCTOBER 20 2020. THE OWNER IS JAMIE R SALVE IS OF 1118 CLUB DRIVE THE VIOLATIONS ARE 24 Ã19, 24 Ã 20, 24 Ã21 NUISANCE AS AN OBJECT OUTSIDE STORAGE.
I JUST SPOKE TO MR. CHAVEZ AND HE SAID THAT HE CLEANED UP THE PROPERTY THIS MORNING. I DO HAVE PHOTOS OF WHAT THE PROPERTY DID LOOK LIKE. THE PHOTOS WERE TAKEN ON MONDAY, I BELIEVE. NO, YESTERDAY.
I THINK IT WAS MONDAY. BUT HE IS STATING THAT THE PROPERTY IS IN COMPLIANCE AND HE WAS LOOKING AT THE PHOTOS IF YOU WANT TO TAKE A LOOK AT IT HERE.
>> SPECIAL MAGISTRATE AT THIS TIME WE WILL MOVE THEM IN.
WHAT IS YOUR REQUEST OF THE SPECIAL MAGISTRATE THIS MORNING
GIVEN WHAT HE SAID? >> I WOULD PROBABLY KEEP IT THE SAME THE RECOMMENDATION IF HE IS NOT IN COMPLIANCE, GIVE HIM 10 DAYS TO COMPLY AND $150 PER DAY TO BE ASSESSED IF COMPLYING
AND IF NOT ¦ >> SPECIAL MAGISTRATE THAT WILL
BE $50 PER DAY. >> $50 PER DAY I AM SORRY.
>> ANYTHING ELSE FOR MR. SAUCEDO?
>> NO. >> MR. CHAVEZ HAVE YOU'VE BEEN
SWORN IN? >> HE HAS NOT.>> CAN YOU COME TO THE PODIUM, SIR? PLEASE RAISE YOUR RIGHT HANDS, PLEASE STATE YOUR NAME FOR THE RECORD.
>> CAN YOU CONFIRM THAT YOUR TESTIMONY IS THE TRUTH?
>> MR. CHAVEZ STAY THERE. HAVE YOU SEEN THESE PHOTOGRAPHS? HAVE YOU CLEANED UP EVERYTHING
>> THE GAS CANS, COOLERS, TOOLS, WOOD AND MISCELLANEOUS
>> THE CHAIRS ARE NOT LISTED BUT WAS THAT A PROBLEM MR.
SAUCEDO? >> THOSE LOOK LIKE PATIO CHAIRS
SO THAT IS FINE. >> IS THIS A FIRST TIME
VIOLATOR FOR MR. CHAVEZ? >> YES.
>> HERE'S WHAT I WOULD LIKE TO DO.
IF HE HAS COMPLIED AND HE STATING HE HAS DONE EVERYTHING YOU GOT HERE ABOUT 20 MINUTES AGO? I SAW YOU WALK IN. I WILL TELL YOU WHAT.
I WANT TO CONTINUE THIS. IF HE HAS COMPLIED AND MR. SAUCEDO, GET OUT THERE WHEN YOU CAN, IF HE HAS COMPLIED THAN THAT WILL BE FINE. IF NOT, BRING IT BACK BEFORE ME NEXT MONTH. NEXT I WILL HEAD OUT THERE AS SOON THE HEARING IS OVER AND IF YOU CAN PROVIDE ME WITH THE NUMBER IN A FEW MINUTES ONCE WE ARE DONE I CAN COMMUNICATE WITH
MY SON AND DAUGHTER SENT THIS TO ME AND TALK TO ME.
>> PERFECT. >> MR. CHAVEZ, I WANT TO MAKE THIS CLEAR IF YOU HAVE COMPLIED THAT'S FINE THIS WILL GO AWAY BUT IF NOT YOU WE WILL BE BACK HERE NEXT MONTH.
>> MADAME CLERK? >> LET'S DO THE TWO OLD BUSINESS OR THREE OLD BUSINESS. JAY SHOULD HAVE BEEN DONE IN OLD BUSINESS SO WE CAN START WITH THAT ONE.
[01:40:09]
>> ANOTHER PERSON THAT HAS BEEN FREEZING IN THE BACK.
>> WE HAD THE LIGHT SPEARED WERE THE LIGHT WARM?
>> THIS IS CASE, LET ME GET THE RIGHT ONE.
[J. 20-0362 CE 416 N 21st St Wynn, Gary A (EST) Maximillion Lewis]
>> COLLEEN, LOOK AT YOUR SCREEN.
>> CASE 20 Ã03 62. THE ADDRESS IS 416 NORTH 21ST STREET FOR THE CASE OF GARY WHEN.
THIS WAS INITIATED FIBBER 25TH, 2020.
THIS WAS A CONTINUANCE FROM DECEMBER 22 2020 AND JANUARY OF 2021 PER THE VIOLATIONS WERE I PMC 304.2 PROTECTIVE TREATMENT.
IT WAS ASKED TO PAINT THE PLYWOOD COVERING THE WINDOWS THE SAME COLOR OF THE STRUCTURE APPEAR THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATOR WILL BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $50 PER DAY TO BE ASSESSED. I DO HAVE PICTURES TO SUBMIT.
> ARE THEY PICTURES THAT YOU TOOK? DO THEY DEPICT WHAT YOU ACCURATELY SAW?
>> IT WILL BE SO ADMITTED. >> ANYTHING YOU WANT TO SAY ABOUT THE PHOTOS OR ANYTHING YOU WANT TO SAY ABOUT THE CASE?
>> NO MA'AM. >> ALL RIGHT, THERE BEING NO ONE HERE ON BEHALF OF THE RESPONDENT, GARY A WYNN ESTATE.
I FIND THE VIOLATION EXISTS AT 416 NORTH 21ST STREET AND AT THE GARY A WYNN ESTATE IS RESPONSIBLE FOR THE VIOLATION.
I WILL GIVE YOU 30 DAYS TO COMPLY OR A FINE OF $50 PER DAY WILL BE ASSESSED AND 30 DAYS TO APPEAL.
>> THAT'S IT? >> NEXT WE HAVE CASE 20 Ã1345
[A. 20-1345 CE 1706 N 18th Street Morris, Angel Heather Debevec]
1706 NORTH 18TH STREET, MORRIS.>> WHEN YOU ARE READY. >> MISS MAGISTRATE THIS IS 20 Ã 1345 ADDRESS 1706 NORTH 18TH STREET ANGEL MORRIS.
THIS WAS INITIATED JUNE 12 OF LAST YEAR.
IT WAS FOR SECTION 24 Ã19, 20 Ã20, 24 Ã21 10 SUBSECTION D NUISANCE OF AN OBJECT NONOPERATIVE VEHICLE.
IT WAS REQUESTED THAT THEY REMOVE OR SHOW VALID PROOF OF REGISTRATION FOR THE VEHICLES IN THE BACKYARD.
THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATORS BE GIVEN 10 DAYS TO COMPLY OR A
FINE OF $50 PER DAY TO ASSESS. >> DID YOU TAKE THE PHOTOS ENDED THEY ACCURATELY DEPICT PWHAT YOU SAW?
>> YES MA'AM. >> NOTED NO RESPONDENT TODAY.
>> THEY WILL BE PRESENTED AS EVIDENCE AND NOTE THAT THERE IS
NO RESPONDENT. >> THIS MORNING SPECIAL MAGISTRATE, THE ONLY VEHICLES LEFT BACK THERE IS AN EL CAMINO AND A TRAILER IN THE EL CAMINO I CAN'T SEE IF IT HAS A TAG OR NOT BUT IT HAS OBVIOUSLY NOT BEEN MOVED IN SOMETIME.
THE UTILITY TRAILER DOES NOT HAVE BILLY APPEAR TO HAVE A TAG
ON IT. >> THAT WAS FROM THIS MORNING?
>> YES MA'AM. >> HOW MANY VEHICLES WERE
THERE? >> THERE BEEN QUITE A FEW ON
AND OFF OVER TIME. >> ANYTHING FURTHER?
>> I SPOKE WITH A GENTLEMAN FROM THERE A FEW DAYS AGO AND HE SAID EVERYTHING WAS TAKEN CARE OF AND I ASKED HIM DIRECT IF THE EL CAMINO HAD BEEN REMOVED OR INOPERABLE AND HE SAID IT WAS GONE AND OBVIOUSLY IT IS NOT GONE.
[01:45:08]
>> ALL RIGHT ANYTHING FURTHER? >> NO MA'AM.
>> BASED I FIND THAT THE RESPONDENTS ARE NOT HERE AND ALSO BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 1706 NORTH 18TH STREET AND ANGEL MORRIS IS THE PERSON RESPONSIBLE FOR THE VIOLATION.
I WILL GIVE THE VIOLATOR 10 DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED. 30 DAYS TO APPEAL.
THANK YOU. >> CASE 20 Ã1254 1711 NORTH
[B. 20-1254 CE 1711 N 19th Street Keith, Willie Keith, Jeniffer J Keith, Glenn R Heather Debevec]
19TH STREET KEITH. >> BEFORE WE PRESENT I'M GOING TO ASK THAT WE TRANSFER THIS OVER TO COLETTE BECAUSE I KNOW THIS FAMILY. I AM INDIRECTLY RELATED TO THEM SO I DON'T WANT TO GET INVOLVED IN THIS GOOD I AM GOING TO
>> THANK YOU. >> COLLEEN, I BELIEVE THE ONLY THING WE HAVE LEFT TO DO IS TO READ THE CASES THAT DID NOT APPEAR TODAY AND WILL BE CONTINUED AND WE WILL REQUEST A
CONTINUATION AFTER THAT CARED. >> A QUESTION, WHICH WOULD THIS
DATE BEFORE? >> WE HAVE TO PROVIDE NOTICE SO IT WILL PROBABLY BE 17 MARCH. I DON'T KNOW IF WE WILL HAVE
TIME TO PROVIDE THAT NOTICE. >> FRAN IS ON THE 3RD AND SHE
WILL BE THERE ON THE 17TH. >> IT WILL BE MARCH 17.
>> WE WILL PROVIDE PROPER NOTICE.
WE HAVE CASE 2THE FOLLOWING CASES TO COMPLETE.
>> SPECIAL MAGISTRATE ARE WE STILL OPERATING UNDER A STATE OF EMERGENCY A WE ARE REQUESTING THAT THESE CASES BE
CONTINUED TO THE NEXT HEARING. >> THEY WILL BE CONTINUED TO
THE NEXT HEARING. >> ANYTHING FURTHER?
>> IF WE CAN JUST PUT ON THE RECORD THAT THE PARTIES THAT FAILED TO APPEAR WERE NOTICED. PER STATUTE 152 12 I NOTICED THAT A SENTENCE WAS SENT TO THE VIOLATORS BUT IF THE GREEN CARD IS RETURNED SIGNED IT WILL BE PLACED IN THE FILE.
IF IT IS UNCLAIMED AN AFFIDAVIT WITH A NOTICE OF HEARING ENCLOSED IS SENT TO THE VIOLATOR THROUGH REGULAR US-MADE ALL. 10 DAYS PRIOR TO THE HEARING A NOTICE OF THE HEARING IS POSTED ON THE BULLETIN BOARD AT CITY HALL. NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.
IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED.OR CASES NOT MANDATED BY STATE STATUTE NOW THE NOTICE OF HEARING IS HANDLED IN THE SAME MANNER STATED PRIOR. IF THE GREEN CARD IS RETURNED UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD AT CITY
HALL. >> OKAY, THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.