[00:00:03]
CALL TO ORDER THIS SPECIAL MAGISTRATE HEARING OF WEDNESDAY, FEBRUARY 17 2021. IF WE CAN ALL PLEASE STAND FOR
[2. PLEDGE OF ALLEGIANCE]
THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FROM WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU.[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
IF WE COULD ADMINISTER THE OATH TO THE CABINET? PLEASE. YOU CAN STAND AND BE SWORN INAT THE SAME TIME. >> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> MAGISTRATE: COLLEEN DO YOU WANT TO READ IN THE CASES THAT HAVE BEEN RESCHEDULED OR ARE IN COMPLIANCE?
>> BOARD MEMBER: OKAY.E HAVE TWO CASES RESCHEDULED, 20-1678 CE AND WE HAVE TWO CASES THAT ARE IN COMPLIANCE THAT IS TURNED 18 AND 20-1730 CE AMY. AND, 20-1935 CE AND 20-1360 CE
BH SIX LLC. >> MAGISTRATE: ALL RIGHT
[A. 20-1903 CE 2802 Fairway Drive Brady, James & Sharon Isaac Saucedo]
COLLEEN THE FIRST CASE? >> BOARD MEMBER: THE FIRST CASE WE ARE GOING THROUGH HERE TODAY 20-1903 CE.
>> SPEAKER: THIS CASE IS 20-1903 CE AT THE ADDRESS OF 2802 FAIRWAY DRIVE. THE VIOLATIONS ARE FOR PARKING AND OUTSIDE STORAGE. THE CITY REQUEST THAT THE SPECIAL MAGISTRATE SEE THAT THE SUCCESS AND THE VIOLATOR GIVE 10 DAYS TO COMPLY OR $100 PER DAY TO BE ASSESSED. DO HAVE PHOTOS AND THEY BRIEFLY LOOKED AT THE PHOTOS I DON'T KNOW IF
YOU WANT TO LOOK AT THEM AGAIN. >> MAGISTRATE: WHILE THEY ARE DOING THAT DID YOU TAKE THE PHOTOS YOURSELF?
>> SPEAKER: I DID. >> MAGISTRATE: DID THEY DEPICT
WHAT YOU SAW? >> SPEAKER: THEY DID.
>> MAGISTRATE: WE MOVE THOSE IN THE CITY'S COMPOSITE WANT AND I WILL MOVE THOSE IN BY LETTER IF THEY ARE NOT ALREADY LABD.
>> MAGISTRATE: I AM ADMITTING THE PHOTOS SUBMITTED BY THE
CITY AS THE CITY'S COMPOSITE A. >> SPEAKER: COMPOSITE ONE.
>> MAGISTRATE: OKAY. COMPOSITE ONE.
IS THERE ANYTHING YOU WANT TO SAY ABOUT THE PICTURES?
>> SPEAKER: I DID SPEAK TO THEM BRIEFLY BEFORE THE HEARING AND I DID EXPLAIN THE THINGS THAT NEEDED TO BE DONE MORE IN DETAIL. IT SEEMS LIKE WE ARE BOTH ON THE SAME PAGE. I DON'T KNOW IF YOU HAVE ANY
QUESTIONS OR COMMENTS. >> MAGISTRATE: COLLEEN DID YOU HAVE THEM STATE THEIR NAME FOR THE RECORD?
>> SPEAKER: YES, I DO NEED TO GET YOUR NAMES FOR THE RECORD.
YOUR NAMES? >> SPEAKER: SHARON BRADY.
>> SPEAKER: JAMES BRADY. >> SPEAKER: THANK YOU, I NEARLY
YOU WERE SWORN IN. >> SPEAKER: ARE THERE ANY
COMMENTS OR QUESTIONS YOU HAVE? >> SPEAKER: NO.
YOU EXPLAINED TO US ABOUT THE PARKING SITUATION AND WE WORKED
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ON A LOT OF THINGS BUT BECAUSE OF HEALTH REASONS WE HAD TO WAIT UNTIL WE HAVE SOMEONE AVAILABLE TO HELP US BECAUSE HE HAS A HEART CONDITION AND AN ARM HE CAN'T USE REALLY WELL BECAUSE OF SURGERY. WE ARE TRYING TO GET IT DONE AS QUICKLY AS WE CAN BUT IT IS HARD FOR US SOMETIMES.WE WERE HOPING TO HAVE IT DONE TODAY BUT BECAUSE OF THE RAIN
WE DIDN'T GET TO COMPLETE IT. >> MAGISTRATE: DO YOU THANK YOU CAN DO IT IN 10 DAYS ORDO YOU NEED MORE TIME?
>> SPEAKER: WE SHOULD BE. IF WE CAN GET A HOLD OF OUR
SON-IN-LAW TO HELP. >> SPEAKER: SPECIAL MAGISTRATE THE STAFF IS OKAY WITH A 30 DAY.
>> MAGISTRATE: I'M GOING TO FIND THAT THE VIOLATIONS DO EXIST BUT YOU WILL BE GIVEN 30 DAYS TO COMPLY BEFORE ANY FINE OCCURS. OKAY? THAT WAY IF YOU GO OVER THE 10 DAYS THEN YOU DON'T HAVE TO WORRY. OKAY.
I FIND BASED ON THE EVIDENCE AND THE PHOTOS PRESENTED THAT THE VIOLATIONS DO EXIST AND THAT THERE WILL BE A FINE OF $100 TODAY ASSESSED AFTER 30 DAYS IF YOU ARE NOT IN COMPLIANCE. THANK YOU.
>> MAGISTRATE: ISAAC? THIS IS.
WE ARE GOING TO CALL IT. CALLING? THAT IS THAT WHEN I PULLED IT UP.
[A. 20-2337 PK Causeway Park Brown, Candance Walencia Isaac Saucedo]
>> SPEAKER: THIS IS CASE 20 Ã 2337 CAUSEWAY PARK.
>> SPEAKER: BECAUSE THIS IS A PARKING CITATION I WILL INQUIRE OF THE WITNESS IF YOU ARE OKAY WITH THAT.
GOOD MORNING. I KNOW YOU ARE PREVIOUSLY SWORN. WERE YOU ASSIGNED TO WORK ON
CASE NUMBER 20 Ã2337? >> SPEAKER: YES.
>> SPEAKER: WHEN WAS THAT CASE INITIATED?
>> SPEAKER: IT WAS INITIATED OCTOBER 14, 2020.
>> SPEAKER: WAS IT A VIOLATION? WHAT DID YOU ASSERT?
>> SPEAKER: A VEHICLE PARKED IN FRONT OF A DUMPSTER.
>> SPEAKER: IN FORT PIERCE? >> SPEAKER: CORRECT.
>> SPEAKER: DID YOU TAKE ANY PHOTOGRAPHS OF THE VEHICLE? DID THEY ACCURATELY DEPICT WHAT YOU SAW?
>> SPEAKER: YES AND YES THEY DID.
>> SPEAKER: DID YOU HAVE A CHANCE TO SHOW THEM TO MISS
>> SPEAKER: CAN USE OF THOSE TO HER?
>> SPEAKER: I BROUGHT MY OWN, TOO. CAN I SHOW MINE?
>> SPEAKER: WE WOULD MOVE THE PHOTOS TO CITIES COMPOSITE ONE.
IS THERE ANYTHING YOU WANT TO SAY ABOUT THE PICTURES?
>> SPEAKER: NOT AT THIS TIME. >> SPEAKER: THE MATTER IN WHICH THE VEHICLE WAS PARKED WAS THAT BY CITY CODE?
>> SPEAKER: THAT IS CORRECT. >> SPEAKER: WHY IS THAT,
BRIEFLY? >> SPEAKER: IS NOT A DESIGNATED PARKING AREA IS IN FRONT OF A DUMPSTER AND ANYTHING IN FRONT OF A DUMPSTER IS NOT PERMITTED TO PARK THERE.
>> SPEAKER: OKAY, ANYTHING FURTHER YOU WANT TO ADD AT THIS
>> MAGISTRATE: I WILL ADMIT THE PHOTOS AS CITY COMPOSITE EXHIBIT NUMBER ONE. WOULD YOU LIKE TO SPEAK?
>> SPEAKER: WILL YOU PLEASE RAISE YOUR RIGHT HAND AND STATE
YOUR NAME FOR THE RECORD. >> CANDACE BROWN.
>> DO YOU SWEAR THAT THE TESTIMONY IS THE TRUTH?
>> YES I DO. >> THE ONLY THING I CAN SAY ABOUT THAT IS THAT THERE IS NO DESIGNATED PARKING AND THERE IS NO DESIGNATED NO PARKING THERE AND I ALSO TOOK PHOTOS WHERE THEY DUMPSTER IS ACTUALLY TO THE SIDE OF THAT.
THIS WAS ON A SATURDAY CROWD. YOU REALLY COULD NOT SEE ANYTHING. THERE IS NO SIGNAGE.
NO NOTHING THAT SAYS PARKING IS NOT ALLOWED AND THE DUMPSTER IS
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ACTUALLY TO THE SIDE OF THAT ENCASEMENT.>> MAGISTRATE: WOULD YOU LIKE TO ADMIT THOSE PHOTOS?
>> YES PLEASE. >> MAGISTRATE: WILL YOU PLEASE
SHOW THEM TO THE CITY. >> SEE THAT LITTLE SPOT?
THESE THREE. >> CAN I SAY SOMETHING?
>> IN ONE SECOND PLEASE. THANK YOU.
SPECIAL MAGISTRATE I DON'T HAVE ANY OBJECTIONS COMING WITH
THESE. >> MAGISTRATE: HAVE YOU SEEN
THE ONLY DIFFERENCE OF WHAT I SEE IS IN THE CITY'S PICTURES
WE DON'T ACTUALLY SEE THIS. >> SPECIAL MAGISTRATE THAT IS NOT THE DUMPSTER. THE DUMPSTER IS ACTUALLY INSIDE THE DOOR. THAT'S WHERE THE DUMPSTER IS ON THE SCREEN AND WHILE THE PAINTING IS HE PAINTING IS FADED YOU CAN SEE THE LINE STARTS HERE AND IT GOES ACROSS.
THESE TWO SPOTS THERE IS A LINE RIGHT HERE AND THERE ARE SOME THAT ARE FATED BUT THESE TWO SPOTS ARE PAINTED WITH WHITE LINES ACROSS INDICATING THAT IT IS NOT A PARKING SPOT.
AND THAT IS TO ALLOW THE PUBLIC WORKS TO REACH THE DUMPSTER AND GET IN AND OUT THE DUMPSTER AS THE DUMPSTER GETS SERVICED.
THAT IS WHY THE LINES ARE LIKE THAT.
I ADMIT THEY ARE FATED BUT THEY ARE THERE AND THEY ARE VISIBLE HERE THAT IS INDICATING PARKING.
>> MAY I INQUIRE A CODE OFFICER MR. SAUCEDO IF HE WANTS TO SAY
ANYTHING ELSE? >> YES THE DUMPSTER THE CONTAINER IS ACTUALLY A RECYCLING BIN.
RIGHT IN FRONT OF THAT THAT IS A DESIGNATED PARKING AREA.
RIGHT NEXT TO THAT WHICH SHOWS THIS PICTURE RIGHT HERE, THE BLUE OR THE WHITE GATED AREA THAT IS WHERE THE ¦
>> MAGISTRATE: THE DUMPSTER IS? >> YES AND THEY ARE STRIPES.
RIGHT WHERE SHE IS POINTING AT TODAY THE BLUE ONE THAT IS ACTUALLY A DESIGNATED PARKING SPOT.
>> MAGISTRATE: THAT'S NOT WHERE SHE WAS PARKED?
>> CORRECT. >> MAGISTRATE: DO YOU HAVE ANY?
>> YES, NOTHING IS DESIGNATED. THE PAINT IS WELL, WELL FATED.
AND THAT PROBABLY SAVED THE CITY A LOT OF GRIEF IF THEY WOULD HAVE KEPT UP WITH THAT. ESPECIALLY IF THEY ARE GOING TO ENFORCE IT IN AN AREA SO BUSY WITH LIMITED PARKING.
>> I BELIEVE THAT PUBLIC WORKS RAMP IS OPEN AND THE REPAINTING IS SCHEDULED NOW THAT THE BOAT RAMP IS NOW OPEN.
>> MAGISTRATE: I AM GOING TO GIVE THE BENEFIT OF THE DOUBT AND SAY THE LINES WERE PRETTY FADED AND YOU MIGHT NOT HAVE REALIZED IT WAS A PARKING AREA. I FIND THAT YOU DID NOT COMMIT
>> MAGISTRATE: BUT, IT SHOULD BE PAINTED.
DARKER NOW SO YOU WILL KNOW. >> I WAS OUT THERE LAST NIGHT.
>> THANK YOU. >> MAGISTRATE: DOES CHAD HAVE A NUMBER IN THERE? I DID NOT KNOW THIS WAS SUPPOSED TO BE A TELEPHONE CONFERENCE.
I DON'T HAVE NOTICE THAT IT IS UNLESS YOU HAVE SOMETHING THAT
I DON'T HAVE. >> I'M NOT AWARE IT WAS
[B. 20-2655 PK APPEAL Jaycee Park Amador, Adriana Chad Dawson]
[B. 20-1863 CE 1301 Emerald Terrace Emerald14 LLC Isaac Saucedo]
SUPPOSED TO BE A TELEPHONE CONFERENCE.WE WILL RESCHEDULE IT SHOULD SPECIAL MAGISTRATE WE ARE STILL OPERATING UNDER A STATE OF EMERGENCY CARE THEREFORE WE ARE GOING TO CONTINUE WITH OUR EXISTING POLICY OF ANYONE WHO DID NOT SHOW TODAY WITH A SECOND HEARING.
ALL OF THESE WILL BE RESET FOR THE SECOND HEARING IN MARCH WHICH WILL BE MARCH 17 ALSO. COLLEEN IF YOU WANT TO READ IN
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A LIST OF CASES THAT DID NOT APPEAR.>> WHAT ABOUT THE R&D? >> WE HAVE CASE 20 Ã1863 1301 EMERALD TERRACE EMERALD 14 LLC. THAT'S IT.
>> 3101 JERSEY? >> WE ARE DOING AND R&D.
>> THE BOTTOM TO OUR R&D? >> YES.
>> ON THOSE TWO CASES WE REQUEST THAT THEY BE CONTINUED TO A SECOND MEETING IN MARCH. AND THEN CHAD, DO YOU WANT TO
READ THE TWO IN? >> SPECIAL MAGISTRATE AS FAR AS BOTH OF THESE CASES ARE CONCERNED BECAUSE THEY ARE R&D YOU FIND THAT THE VIOLATION OCCURRED BUT IT WAS CURED.
>> MAGISTRATE: OKAY. >> THAT WE WOULD PREPARE A PROPOSED ORDER TO THAT EFFECT COULD BASICALLY IT HAS THE EFFECT OF CAUSING THE PERSON TO INCUR POSSIBLY HIGHER FINES IF THEY ARE FOUND WITH THE VIOLATION.
[C. 20-1829 CE 3101 Jersey Court Smith, Willie C Jr, Smith L C, Smith, Pinkie Chad Dawson ]
>> MAGISTRATE: IF THEY DO IT AGAIN.
>> CAN I HAVE OFFICER DAWSON READ THEM?
>> GOOD MORNING. THIS IS CASE NUMBER 20 Ã1829 3101 JERSEY COURT OWNED BY WILLIE SMITH.
WILLIE SMITH JUNIOR AND PINKY SMITH.
THE PROPERTY WAS CITED AND THE CASE WAS INITIATED AUGUST 11, 2020. THE PROPERTY WAS CITED FOR SECTION 125 Ã315 SECTION I, SUBSECTION 2 SUBSECTION B COMMERCIAL VEHICLES. SECTION 24 Ã19, SUBSECTION 4 PARKING ON OTHER THAN PAVEMENT. PRIOR TO THE HEARING BOTH VIOLATIONS WERE COMPLIED BUT THE CITY IS REQUESTING AN R&D.
>> MAGISTRATE: I FIND BASED ON WHAT HAS BEEN PRESENTED THAT THE TWO VIOLATIONS OF SECTION 125 Ã315 AND SECTION 24 Ã19 OR BOTH THAT THEY WERE BOTH FOUND TO BE IN VIOLATION BUT THAT THEY HAVE BEEN CURED AS OF THE HEARING DATE.
[D. 20-2710 CE 1812 S 27th Street McGathey, Katrina & Buccaneer Building Corp Chad Dawson]
>> THE NEXT CASE IS 20 Ã2710 1812 S. 27TH STREET.
>> THIS IS CASE NUMBER 20 Ã 2710 1812 S. 27TH STREET OWNED BY KATRINA MCKAY FEE. THE PROPERTY WAS CITED FOR SECTION 24 Ã19 2021 SUBSECTION ONE AND SUBSECTION 5 OUTSIDE STORAGE AND SECTION 24 Ã19 SUBSECTION 11 OUTSIDE STORAGE AND INDOOR FURNITURE. PRIOR TO THIS HEARING THE PROPERTY WAS NOT IN COMPLIANCE AND THE STATE IS REQUESTING THAT SPECIAL MAGISTRATE FIND THE PROPERTY AS R&D.
>> MAGISTRATE: I FIND THAT THE TWO VIOLATIONS PRESENTED THAT THEY WERE NOT COMPLIED WITH THAT THEY HAVE BEEN BY THE HEARING. THERE WILL BE NO FINE ASSESSED.
>> A QUESTION MAGISTRATE. I THINK WE DID IT.
>> MAGISTRATE: THAT'S IT. >> YES MA'AM.
>> I KNOW THAT WE DIDN'T HAVE ANY REGIONS WHERE A VIOLATION WAS FOUND OTHER THAN THE R&D'S BUT I WOULD ASK THAT WE PUT ON THE RECORD HOW EVERYONE WAS NOTICED AT LEAST?
>> MAGISTRATE: FOR CASES REQUIRING A HEARING PER CASE STATUTE 1612 I KNOW THAT HEARING WAS SENT TO THE VIOLATORS BY MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE.
IF THE GREEN CARD IS REPLACED UNSIGNED OR UNCLAIMED AN AFFIDAVIT WITH THE MAILING OF THE LIEN NOTICE OF HEARING IS SENT TO THE VIOLATOR U.S. MAIL. 0 DAYS PRIOR TO THE HEARING A NOTICE IS POSTED ON THE BULLETIN BOARD IN CITY HALL.A NOTICE OF THE HEARING IS POSTED AT THE PROPERTY OF QUESTION WITH AN AFFIDAVIT. IF THE GREEN CARD IS NOT RETURNED TO CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS OF THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED.HE CASE IS NOT MANDATED BY STATE STATUTE MAILING OF THE NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR.
IF THE GREEN CARD IS RETURNED AND SAINTS, UNCLAIMED OR WITHIN 10 DAYS OF THE HEARING A NOTICE IS POSTED IN THE BULLETIN BOARD
AT CITY HALL. >> THANK
* This transcript was compiled from uncorrected Closed Captioning.