Mar 03, 2021 Special Magistrate Hearing

[00:00:02]

>> MAGISTRATE: GOOD MORNING. MY NAME IS FRAN ROSS THE

[1. CALL TO ORDER]

YOU ARE HERE BECAUSE HER PROPERTY WAS IN VIOLATION OF A PARTICULAR CODE OR ORDINANCE. YOU'VE BEEN GIVEN TIME TO CORRECT IT AND AS OF THIS MORNING YOU HAVE NOT.

YOU ALSO MIGHT BE HERE FOR A PARKING CITATION.

FOR THOSE OF YOU WHO WISH TO BE HEARD WE WILL CALL YOUR KISSES SHORTLY. TWO THINGS.

DOES ANYBODY IN HERE NEED AN INTERPRETER? ANY OTHER THING THAT YOU NEED TO KNOW? THIS IS BEING TELEVISED LIVE AS WE SPEAK SO BE AWARE OF THAT OR

[2. PLEDGE OF ALLEGIANCE]

IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. OLD OFFICES?

>> I THINK WE WILL DO IT AS WE,.

>> MAGISTRATE: WHEN YOU ARE READY MADAME CLERK PLEASE CALL

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

THE FIRST CASE. >> CLERK: SPECIAL MAGISTRATE WERE GOING TO ANNOUNCE THE CASES THAT HAVE BEEN PULLED OR

COMPLIED. >> MAGISTRATE: OKAY.

>> CLERK: CASE 20 Ã1160 MOHAWK AVENUE HAS BEEN PULLED.

CASE 20 Ã1558 HIBISCUS AVENUE THAT HAS BEEN COMPLIED.

CASE 20 Ã1775 HIBISCUS AVENUE THAT HAS COMPLIED.

CASE 20 Ã1657 3204 HIBISCUS AVENUE HAS BEEN COMPLIED.

CASE 20 Ã1676 1124 HEMLOCK CIRCLE WE HAVE CONTINUED IT.

CASE 20 Ã1751 3209 INDIANA COURT IS COMPLIED.

CASE 20 ÃJANUARY 6, 1988 JANUARY 1, 2018 CLUB DRIVE IS COMPLIED. CASE 20 Ã1678 914 ORANGE AVENUE IS CONTINUED. CASE 20 Ã2237 402 NORTH U.S.

HIGHWAY ONE IS PULLED. CASE 20 Ã2081 402 NORTH

HIGHWAY IS PULLED. >> MAGISTRATE: OKAY THANK YOU.

>> CLERK: I THINK THAT'S IT. >> MAGISTRATE: WHEN YOU ARE

READY CALL THE FIRST CASE. >> CLERK: THE FIRST CASE WE ARE

[B. 20-2662 CE 1234 S Indian River Drive Follano Jr, Gerard Cleslinski, Sarah Heather Debevec Paul Bertram]

LEE'S RAISE YOUR RIGHT HAND ENDS STATE YOUR NAME FOR THE RECORD. PAUL BERTRAM IRVIN FORRESTER.

>> SPEAKER: GOOD MORNING SPECIAL MAGISTRATE.

>> MAGISTRATE: GOOD MORNING. >> SPEAKER: THIS IS CASE NUMBER 20 Ã2662. 1234 S. INDIAN RIVER DRIVE.

THIS IS OWNED BY GERARD FOLLANO JR. THIS WAS FOR 123 Ã66 TREE PROTECTION AND MITIGATION. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS AND VIOLATION 41 LAUREL OAK 12 DBH TOTALING 250 TWO TOTAL 3000. ND 6 COCONUT PALMS AT TUNA DOLLARS EACH TO TOTAL $1200 THE TOTAL DUE OF $4200.THIS MONEY FROM THE FINE IS REQUESTED TO GO TO THE CITY TO REFUND.

>> MAGISTRATE: DO WE HAVE THE RESPONDENTS HERE TODAY?

[00:05:02]

PHOTOGRAPHS? >> SPEAKER: BRIEFLY.

CODE OFFICER MISS DEBEVEC DID YOU TAKE THE PHOTOGRAPH? DOES IT ACCURATELY DEPICT WHAT YOU SAW MAC.

>> SPEAKER: YES. >> SPEAKER: WE OFFER THIS AS

EXHIBIT ONE. >> MAGISTRATE: THERE IS SOMEONE HERE? WE YOU COME FORWARD?

>> CLERK: YOU CAN GO TO THE PODIUM AND YOU WILL BE SWORN IN. PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.

>> SPEAKER: GERARD FOLLANO JR. >> CLERK: DO SWEAR THAT YOUR

TESTIMONY IS THE TRUTH? >> SPEAKER: YES MA'AM.

>> MAGISTRATE: HOW DO YOU RESPOND TO THE ALLEGATION?

>> SPEAKER: WE ARE NEW TO THE AREA.

I DIDN'T KNOW YOU NEEDED A PERMIT TO CUT DOWN TREES 1ST AND FOREMOST. AND THE OAK TREE, WE HAD TO TREE COMPANIES COME AND SAY THE OAK TREE WAS DISEASED AND IT WAS CLEARLY DYING. I HAVE PICTURES OF THE TREE BEFORE WE CUT IT DOWN. LIKE I SAID, THE COCONUT PALMS, WE DID NOT KNOW THAT. WE NOTICE THEY WERE CLOSE TO THE ROAD AND WE DIDN'T KNOW WE COULD NOT CUT THEM DOWN WITHOUT

A PERMIT. >> MAGISTRATE: OKAY, ANYTHING FURTHER? HAVE YOU SHOWN PICTURES TO THE

CODE ENFORCEMENT? >> SPEAKER: OF WHAT HE MAC.

>> MAGISTRATE: THE TREES. >> SPEAKER: I HAVE NOT.

NO. WE HAD THE FIRST PHONE CALL ABOUT IT. WE WERE IN CONTACT WITH SOMEONE WITH COVID AND WE COULD NOT COME TO THE HEARING.

THE SECOND HEARING I DIDN'T KNOW THAT THERE WAS ONE I GUESS THIS IS THE SECOND HEARING AND WE ARE HERE.

THAT IS ALL THE COMP THE CORRESPONDENCE WE HAVE HAD.

I DIDN'T KNOW ABOUT ANY CODE ENFORCEMENT OFFICER AS FOR THE MATTER. WE GOT THE NOTICE TO OUR HOUSE AND WE CALLED AND THAT'S WHY WE ARE HERE.

>> SPEAKER: I WANT TO SAY THE ONLY REASON WE DECIDED TO CUT DOWN THE OAK TREE IS IT WAS DISEASED.

THE MIDDLE BRANCH WHICH IS THE MAIN BRANCH OF THE OAK TREE, IT WAS DISEASED FROM THE TRUNK. WE WERE PLANNING ON LANDSCAPING AND SPENDING A LOT OF MONEY ON LANDSCAPING THE WHOLE YARD WITH TREES. IF THAT HELPS.

>> THOSE ARE OBVIOUSLY NATIVE. WE ARE STICKING TO THE

ENVIRONMENT. >> MAGISTRATE: ONE OF THE TIME.

>> SPEAKER: I ALSO HEARD FROM THE CONSERVATION ALLIANCE AND I HONESTLY HAD NO IDEA THAT WE HAD TO PULL A PERMIT TO TAKE A DEAD OAK TREE DOWN. I WOULD NEVER KNOWINGLY DO THAT. I'M VERY BIG INTO THE ENVIRONMENT HERE AND WE APOLOGIZE.

>> MAGISTRATE: HAVE YOU ALL HAD THE OPPORTUNITY TO SPEAK TO MISS DEBEVEC OR MR. BERTRAM SITTING HERE? I AM GOING TO TEMPORARILY PASS THIS SO YOU ALL CAN GO OUT AND TALK IN THE HALLWAY ABOUT THE TREES AND IF YOU HAVE EVIDENCE THAT THE TREE WAS DISEASED YOU SHOULD SHARE IT WITH THE CITY.

DID YOU BRING IT WITH YOU? >> SPEAKER: WE CAN DO THAT.

WE STILL HAVE REMNANTS OF THE TREE ON THE SIDE OF THE HOUSE.

I CAN PROBABLY GET THAT. I CAN CALL THE TREE COMPANY THAT GAVE ME THAT INFORMATION COULD WE HAD TWO COMPANIES COME AND GIVE US A QUOTES TO CUT IT DOWN.

YOU CAN CLEARLY SEE IN THE PICTURE WHEN IT WAS UP THAT IT WAS DYING. THE BRANCHES WERE FALLING DOWN ON IT. THEY BOTH TOLD US THAT THE TREE IS DISEASED AND NEEDS TO BE TAKEN DOWN.

>> MAGISTRATE: DID THEY PUT THAT IN WRITING?

>> SPEAKER: NO MA'AM. NO THEY DID NOT.

>> SPEAKER: WE WOULD BE HAPPY TO TRY TO GET SOMETHING IN

WRITING FROM THE COMPANY. >> CLERK: SPECIAL MAGISTRATE THAT IS A VERY IMPORTANT ITEM BECAUSE THERE IS A STATE STATUTE REGARDING THAT. STAFF WOULD RECOMMEND THAT WE E CONTINUE THIS ANOTHER MONTH AND ALLOW THEM THE OPPORTUNITY TO GET THE INFORMATION IN WRITING TO PRESENT TO THE URBAN FORRESTER TO ALLOW TIME. STAFF REQUEST TO SPEAK CONTINUED ONE MORE MONTH TO ALLOW THAT TO HAPPEN IT HAVING THAT IN WRITING IS VERY IMPORTANT.

>> MAGISTRATE: DID YOU UNDERSTAND THAT? I WILL CONTINUE THIS UNTIL MY NEXT HEARING DATE AND MAKE SURE YOU GET THAT INFORMATION TO MR. BERTRAM AND MISS DEBEVEC.

YOU REALIZE THEY ARE ASKING FOR A WHOLE LOT OF MONEY.

>> SPEAKER: I UNDERSTAND. >> MAGISTRATE: THAT IS THE

[00:10:07]

PENALTY THAT COULD BE IMPOSED. >> SPEAKER: THANK YOU FOR YOUR UNDERSTANDING. WE PLANNED ON REPLANTING OAK TREES ON THE PROPERTY AND OBVIOUSLY I DON'T KNOW IF THEY

WILL BE AS BIG AS THAT ONE. >> SPEAKER: WE WILL ALSO PLANT

A LOT OF NATIVE PLANTS. >> SPEAKER: THE ONES THAT WERE IN THE RIGHT-OF-WAY AND CLOSE TO THE ROAD THE OAK TREE THAT WE TOOK DOWN WAS DISEASED SO THAT WAS THE ONLY REASON TO

TAKE THOSE TREES DOWN. >> MAGISTRATE: WITH MR. BERTRAM AND MISS DEBEVEC AND THAT WILL SHED LIGHT .

>> SPEAKER: JUST FOR THE RECORD THAT WILL BE APRIL 7.

>> MAGISTRATE: YES, APRIL 7 IS YOUR NEXT HEARING DATE.

THANK YOU. >> SPEAKER: THANK YOU.

>> MAGISTRATE: NEXT CASE? >> SPEAKER: I'M SORRY, COLLEEN, WE ARE HAVING PRINTING ISSUES SO UNTIL ADDITIONAL ITEMS ARE PRINTED WE WILL MOVE TO THE NEXT ONE AND WE ARE HAVING A TECHNICAL DIFFICULTY WITH PRINTING.

>> SPEAKER: THE APPEAL? >> CLERK: WE HAVE ¦

[A. 20-2248 Appeal 1600 Avenue S Burney, Leroy Jr. Heather Debevec]

>> SPEAKER: I NEED THEM IN PHYSICAL FORM TO BE IN THE

FILE. >> SPEAKER: THE ONES YOU SENT

TO ME LAST NIGHT? >> SPEAKER: YES SIR.

I'M SORRY. WE WOULD'VE HAD THIS DONE

EXCEPT FOR PRINTER PROBLEMS. >> MAGISTRATE: WHEN YOU ARE

READY. >> SPEAKER: GOOD MORNING SPECIAL MAGISTRATE. THIS IS 20 Ã2248.

THE CASE WAS INITIATED ON OCTOBER 9 OF 2020.

IT WAS FOR SECTION 2419 NUISANCE ON PROPERTY PROHIBITED NUISANCE AS A CONDITION. OCTOBER 9 2020 THE NOTICE WAS MAILED AND THE GREEN CARD WAS NOT RETURNED AND THE CONTACT WAS NOT MADE. DECEMBER 30, 2020 WORK WAS CONTRACTED AND COMPLETED BY GONE FISHING AND MORE LLC.

FEBRUARY 29 WE RECEIVED AN APPEAL FROM MR. BERNIE.

>> MAGISTRATE: IS MR. BERNIE HERE? YOU NEED TO COME UP AND SPEAK UP FOR YOURSELF.

>> SPEAKER: GOOD MORNING. >> CLERK: PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.

>> SPEAKER: LEROY ERNIE JUNIOR. > CLERK: ARE YOU SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH?

>> MAGISTRATE: HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> SPEAKER: I THINK THEY ARE NOT TRUE.

I THINK IT'S MISUNDERSTANDING OR MISCOMMUNICATION IN REGARDS PTO THE PROPERTY. I HAVE HAD TO LAWN PERSONS THAT WENT OUT IN SEPTEMBER TO CUT THE PROPERTY.

THE SECOND ONE WENT OUT IN THE LAST PART OF NOVEMBER TO CUT THE PROPERTY. THE ONE THING I AM HAVING IS A PROBLEM WITH THE NEIGHBOR NEXT DOOR.

HE HAD A CONSTRUCTION COMPANY. THEY HAD DEMOLISHED A HOME NEARBY. HE HAD THE DEBRIS PUT RIGHT ON THE DRIVEWAY OF MY PROPERTY. I WAS UPSET ABOUT IT.

I DIDN'T KNOW WHO DID IT. BUT MY LAST NONPERSON, BRYANT, WAS OUT CUTTING THE YARD AT THE END OF OCTOBER AND THE GENTLEMAN CAME OVER TO HIM AND SAID, YOU KNOW, THESE ROCKS AND DEBRIS THAT WAS PUT ON THIS PROPERTY WAS DONE BY THE NEIGHBOR. HE GAVE PERMISSION FOR THIS CONSTRUCTION COMPANY TO PILE THE ROCKS THERE.

I WENT OUT AND SAW IT AND I TOLD HIM, WELL, I WILL MOVE A FEW OF THEM BUT WHEN GOOD THING ABOUT IT IS THAT IT WILL PREVENT PEOPLE FROM PARKING THERE.

THROWING TVS AND REFRIGERATORS OUT OF THIS NATURE.

I WAS NOT ALLOWED TO PUT A FENCE UP.

SO, I DIDN'T KNOW IT WAS AN ISSUE.

[00:15:04]

WHEN THEY COME OUT THEY ALWAYS PUT UP THE SIGN.

I DIDN'T PAY ANY ATTENTION SO AS LONG AS I WAS CUTTING IT I

DIDN'T HAVE AN ISSUE. >> MAGISTRATE: WHO PUTS THE

SIGN OUT THERE? >> SPEAKER: INDICATED THAT IT WAS ÃTHERE IT IS. A NUISANCE.

I NEVER REMOVE THE SIGN WE JUST CUT AROUND IT.

>> MAGISTRATE: HOLD ON. THERE IS A SIGN THAT SAYS THIS IS A NUISANCE? AND YOU DID NOTHING TO RESPOND

TO THAT? >> SPEAKER: THEY WERE OUT THERE CUTTING THE GRASS. THERE WAS NOTHING TO SAY.

USUALLY THERE WAS A LETTER THAT SENT TO RESPOND TO BUT I HAD NOTHING TO RESPOND TO BECAUSE THE GRASS WAS GETTING CUT.

>> MAGISTRATE: OKAY, CONTINUE. >> SPEAKER: WHEN I DID SEE THE LETTER IN THE MAIL IN THE PAST I WOULD CALL THE PHONE NUMBER AND TALK WITH THE GENTLEMAN ABOUT IT WHICH I DID TWO YEARS AGO. THEY SAID THEY HAD TO CUT THE TREES. I CALLED THE GENTLEMAN AND HE GAVE ME THE NAME OF ONE OF THE CONTRACTORS THAT WOULD GO OUT AND CUT THE TREES WHICH HE DID FOR $150.

AND IN THIS CASE HERE, I KEPT IT CUT BUT I DIDN'T KNOW THAT UNTIL I SPOKE WITH THINK IT WAS ONE OF THE CODE ENFORCERS.HE INDICATED THAT THE ROCKS WERE IN VIOLATION.

I SAID I'M USING THE ROCKS TO KEEP PEOPLE FROM BACKING UP ON THE PROPERTY BECAUSE I WASN'T GETTING ANY HELP.

>> MAGISTRATE: WHAT YOU MEAN YOU WEREN'T GETTING ANY HELP?

>> SPEAKER: TO ALLOW ME TO PUT UP A BARRIER FOR TEENAGERS WHOEVER WANTS TO SMOKE MARIJUANA OR WHATEVER THEY WANT TO DO. I HAVE MOTORCYCLES RIDING ON THE PROPERTY GOING OVER TO LEVINE THERE IS A HILL THAT THEY LIKE TO GO OVER AND READ THE MOTORCYCLES.

I WAS TRYING TO KEEP THEM OFF BECAUSE IF THEY GET INJURED THAT'S A LAWSUIT. BUT THEN I FOUND OUT THE NEIGHBOR WHO LOVES TO EAT THE MANGOES, I HAD NO PROBLEM WITH THAT. THEN HE HAD SOMEBODY PUT UP THIS DEBRIS OUT THERE. YOU KNOW? AND I THOUGHT REALLY WE WERE COOL BECAUSE HE SAID I USED TO CUT THE GRASS WHEN I WAS A CHILD.

AND I SAID THAT'S COOL IF YOU HAVE ANY PROBLEMS GIVE ME A

CALL AND THAT WAS IN AUGUST. >> MAGISTRATE: DID HE EVER CALL

YOU? >> SPEAKER: HE DIDN'T CALL ME WITH ANY ISSUES. I HAD TO CUT THE MANGO TREE BECAUSE IT WAS OVER ON HIS PROPERTY.

MR. HARVEY CUT THE MANGO TREE. E EATS MORE MANGOES THAN I DO. I WAS REALLY SURPRISED TO KNOW THAT HE WOULD HAVE SOMEBODY DO THIS.

I DON'T KNOW WHAT HIS INTENTIONS WERE BUT IT WAS A

SURPRISE TO ME. >> MAGISTRATE: DID YOU GET A LETTER FROM THE CITY OF FORT PIERCE REGARDING THE PROPERTY?

>> SPEAKER: I DID NOT GET A LETTER.

USUALLY I GET ONE SAYING YOU HAVE SO MUCH TIME TO CORRECT THIS VIOLATION AND I'M THINKING VIOLATION IS GRASS WHICH I KNOW I WAS CUTTING THAT NO LONGER THAN EVERY TWO MONTHS OR MONTH AND 1/2. IN EVERYONE IS CUTTING THE GRASS AND I'M STILL PAYING. BUT, I HAVE A WITNESS MR. BRYANT THE LAST GUY I HIRED IN OCTOBER HE IS MY WITNESS INDICATING THAT THE NEIGHBORS WERE TRYING TO KEEP PEOPLE OFF THE PROPERTY AND HE KNEW WHO WAS ALLOWING THE TVS TO BE THROWN OUT THERE AND REFRIGERATORS.

THE STUFF I HAVE TO REMOVE ALL THE TIME IT'S HARD FOR ME TO KEEP PEOPLE CUTTING IT BECAUSE THEY HAVE BEER BOTTLES OUT THERE AND THAT TO PICK THAT STUFF UP BEFORE THEY CAN CUT THE PROPERTY IT IS ALWAYS LIKE THAT.

>> MAGISTRATE: IS UNFORTUNATE. THE PROPERTY IS STILL YOUR

RESPONSIBILITY. >> SPEAKER: YES MA'AM.

>> MAGISTRATE: WHAT IS THE CITY SEEKING? I SEE WHERE YOU HAVE AN INVOICE.

>> SPEAKER: I ALSO HAVE PHOTOS FOR YOU TO SUBMIT.

IN REFERENCE I AM GOING TO HAVE TO REFER TO PEGGY ON THAT.

>> SPEAKER: I DO NOT HAVE THE FILE.

>> SPEAKER: SPECIAL MAGISTRATE COLLEEN I DID NOT GET SWORN IN.

>> CLERK: PLEASE STATE YOUR NAME FOR THE RECORD.

[00:20:04]

TO BE THE TRUE CONNECT. >> SPEAKER: YES.

SPECIAL MAGISTRATE TO REVIEW A COUPLE OF THE THINGS MR. BERNIE IS INDICATING HE DID NOT NOTICE AND I BELIEVE IT WAS RETURNED.

WE DID NOT GET A GREEN CARD BACK.

THE LETTER NEIGHBOR CAME BACK TO US FROM THE POSTCARD AND WE DID NOT GET A GREEN CARD RETURNS.

BECAUSE OF OUR PROCESS WE ALSO POST THE PROPERTY WITH THE LETTER AND THE CONTACT INFORMATION FOR THE OFFICER WHO COULD'VE EXPLAINED WHAT THE VIOLATION WAS FOR WHICH AS YOU CAN SEE THE TREES NEED TO BE DONE.

THIS IS THE ACTUAL PHOTO FROM THE VENDOR WHEN HE WENT OUT TO DO THE WORK. THIS IS A PHOTO AFTER WHERE YOU CAN SEE THE TREES HAVE BEEN REMOVED AND ALL THE GRASS HAS BEEN CUT. THIS IS A SIGNIFICANT AMOUNT OF WORK THAT'S BEEN DONE. BECAUSE THE CITY CHARGED HIM $1000 THERE IS AUTOMATICALLY A $100 ADMINISTRATION FEE SO THE

TOTAL INVOICE WAS $1100. >> MAGISTRATE: DID YOU GET THAT

MR. LEROY BURNEY? >> SPEAKER: YES MA'AM.

CAN I TELL YOU SOMETHING. THE LAST PICTURE THAT WAS JUST UP. THAT IS WHAT THEY CUT, CORRECT? TREES RIGHT HERE BECAUSE THE GRASS DID NOT NEED CUTTING.

I KNOW THE GUY CUT IN SEPTEMBER AND AT THE END OF OCTOBER WHICH I HAVE MY RECEIPT. HE CUT IT DOWN TO THE BARE

BONE. >> SPEAKER: LET ME ROTATE THIS

BACK AGAIN. >> SPEAKER: SPECIAL MAGISTRATE, TO BE CLEAR THAT THESE PHOTOS IN EVIDENCE FORMALLY MALLY SUBMITTED. THEY WERE PUBLISHED AND WE ARE TALKING ABOUT THEM. I JUST WANT TO MAKE SURE.

>> MAGISTRATE: DO YOU WANT TO QUESTION MISS DEBEVEC?

>> SPEAKER: DID YOU TAKE THE PHOTOGRAPHS TO THE SPECIAL

MAGISTRATE? >> SPEAKER: NOT ALL OF THEM, NO. THERE WERE THREE THAT WERE SUBMITTED BY MR. LEROY BURNEY PRIOR TO THE HEARING AND THEN SOME BY THE VENDOR HIMSELF, KEVIN FROM GONE FISHING AND THE OTHERS ARE MY PHOTOS THAT DEPICT WHAT I SAW THOSE DAYS.

>> SPEAKER: HAVE YOU'VE BEEN BACK TO LOOK AT THE PROPERTY?

>> SPEAKER: NOT SINCE THE VENDOR WAS OUT THERE.

>> SPEAKER: DO YOU HAVE ANY REASON TO BELIEVE THAT THIS IS NOT THE PROPERTY THAT YOU CITED? ARE ALL OF THE PHOTOS CONSISTENT WITH WHAT YOU VIEWED WHEN YOU PHYSICALLY WENT OUT TO VIEW THE PROPERTY?

>> SPEAKER: YES MA'AM. >> SPEAKER: THEY FAIRLY AND ACCURATELY ARE TO THE BEST OF YOUR RECOLLECTION?

>> SPEAKER: YES MA'AM.> MAGISTRATE: MR. LEROY BURNEY

HAVE YOU SEEN THE PHOTOS? >> SPEAKER: I HAVE.

CAN I ADD SOMETHING? >> MAGISTRATE: ONE MOMENT.

ANY OTHER SPECIAL TESTIMONY? >> SPEAKER: IT WAS DATED ON THE RECORD IN OCTOBER THESE WERE CUT TO THE GROUND AND THESE ARE PHOTOS THAT STAFF TOOK ON THE 28TH.

GRANTED THERE WERE TWO MORE DAYS IN OCTOBER AND THIS WAS THE CONDITION IN DECEMBER WHICH LOOKS CONSISTENT ON TWO MONTHS WORTH OF GROWTH FROM THE OCTOBER TO DECEMBER PHOTOS.

>> MAGISTRATE: MR. LEROY BURNEY?

>> SPEAKER: KEVIN, HE WAS SOMEONE THAT I HAD INITIALLY HIRED TO CUT THE TREES. HE IS THE OWNER OF GONE FISHING. HE WAS FAMILIAR WITH THE PROPERTY. I HAVE CALLED HIM TO GO OUT THERE AND CUT THE PROPERTY. I HAD EVEN HIRED HIM THROUGH CODE ENFORCEMENT BECAUSE I NEEDED SOMEBODY TO CUT THE TREE. I CALLED AND THEY GAVE ME HIS PHOND NUMBER AND THAT'S HOW HE AND I BECAME ACQUAINTANCES OR PARTNERS OR WHAT HAVE YOU TO KEEP THE PROPERTY.

HE IS VERY FAMILIAR WITH THAT. I EVEN CALLED HIM.

HE IS VERY FAMILIAR WITH THIS PROPERTY.

I DON'T KNOW. I KNOW THAT I PAID IN CASH BUT I PAID THE LAST FEW TIMES WHICH HAPPENED TO BE DURING THE TIME WHEN THE SIGN WAS OUT THERE. I WENT THROUGH TWO DIFFERENT LAWN PERSONS BECAUSE THE GUY WHO CUT IT IN SEPTEMBER DIDN'T CUT IT DOWN WELL ENOUGH. I HAD TO HIRE OLD-TIME LAWN SERVICE TO GO BACK AND CUT IT AGAIN FOUR WEEKS LATER.

I DON'T KNOW. >> MAGISTRATE: WHAT ABOUT REMOVING THE BRICKS OR THE BROKEN CONCRETE BRICKS IN THE

PHOTO? >> SPEAKER: I DID NOT KNOW THAT I WAS USING IT AS A BARRIER BECAUSE OF COURSE, I WAS THERE

[00:25:08]

I MOVED IT OUT OF THE WAY BECAUSE IT WAS A HIGH PILE.

I PUSHED BACK A BIT BECAUSE IT WAS ON THE COUNTY PROPERTY LINE. I PUSHED IT BACK.

I HAD ONE OF THE GUYS PUSH IT BACK AND THAT WAS PRETTY MUCH IT. I DIDN'T KNOW IT WAS A

VIOLATION. >> MAGISTRATE: THEY SENT YOU A LETTER AND IT LOOKS LIKE YOU DID NOT RESPOND IT.

>> SPEAKER: I DID NOT GET THE LETTER YOUR HONOR.

THE ONLY ONE I RESPONDED TO WAS BY PHONE CALL AND BY EMAIL.

I NEVER GOT THE LETTER IN USUALLY I WOULD GET ONE.

THAT'S HOW I WOULD MAKE THE CALL APPEAR THE FIRST LETTER I GOT I MADE CONTACT WITH THE GUY AND HE GAVE ME KEVIN'S PHONE NUMBER TO HELPED ME CUT THE PROPERTY LIKE IT NEEDED TO BE CUT. BECAUSE, I WASN'T DOING A GOOD JOB BECAUSE I WAS STILL GETTING FINES.

KEVIN HAD A BIG LAWNMOWER AND HE WAS ABLE TO GET IN WHEN HE WAS ABLE TO GET ANY CUT THE TREES.

HE SAID YOU DON'T HAVE TO CUT THE WHOLE TREE DOWN BUT WE JUST RAISE IT UP AND THAT'S EXACTLY WHAT HE DID.

THAT WAS LAST TIME. SAME CUT.

SAME TREE. LIKE I SAID, IF I KNEW THAT WOULD CAUSE ALL OF THIS AS A MATTER OF FACT BRYANT WOULD HAVE PICKED IT UP BUT WE PUSHED IT BACK TO TRY TO PREVENT LIKE YOU SEE THE TRUCK ON HERE, TO PREVENT THAT.

BECAUSE THIS WAS LIKE A DUMPING YARD.

THAT'S WHAT WE WERE TRYING TO PREVENT.

>> MAGISTRATE: HOW LONG OF YOU ON THE PROPERTY?

>> SPEAKER: IT HAS BEEN OVER 17 YEARS.

I WAS TAKING CARE OF MOST OF IT UNTIL I INJURED MY BACK.

>> MAGISTRATE: THE CITY IS ASKING THAT I FIND YOU $1100.

BECAUSE THEY SENT OUT A NOTICE BY REGISTERED CERTIFIED MAIL

AND YOU DID NOT RESPOND TO IT. >> SPEAKER: YOUR HONOR, I DID NOT GET THAT. I ALWAYS RESPOND TO MY MEAL.

THAT IS SOMETHING I DO. I HAD NO REASON NOT TO BECAUSE I'VE DONE IN THE PAST. I GOT THE LETTER RECENTLY I RESPONDED IMMEDIATELY. I CALLED THE NUMBER ON THE PHONE. YOU KNOW A I DON'T JUST ¦

>> MAGISTRATE: THE PROPERTY WAS ALSO POSTED.

>> SPEAKER: THE SIGN IS OUT THERE WHETHER IT IS THERE OR NOT I GET IT CUT. NOBODY COMES TO PICK IT UP.

YOU MIGHT SEE IT LAYING ON THE GROUND SOMEWHERE.

>> MAGISTRATE: SEE WHAT LAYING ON THE GROUND?

>> SPEAKER: THE SIGN. PEOPLE COME AND PULL IT UP OFF THE GROUND. I DON'T CALL ANYONE TO SAY COME PICK UP YOUR SIGN BE DELAYED BECAUSE OF CUT THE GRASS.

THERE IS USUALLY A WARNING SAYING YOU HAVE TO CUT IT IN A CERTAIN AMOUNT OF DAYS YOU WILL BE FINED AND I NEVER GOT THAT

YOUR HONOR. >> SPEAKER: SPECIAL MAGISTRATE THAT IS EXACTLY WHAT THE POSTING STATES.

THE WORDING ON THE POSTING SAYS YOU NEED TO ADDRESS THIS AND IF YOU HAVE A PROBLEM CALL THE OFFICE AND IT PROVIDES THE OFFICERS CONTACT INFORMATION AND THAT IS ALL ON THE POSTING.

>> SPEAKER: I'M SAYING THE YARD WAS BEING CUT.

THAT'S WHAT I'M SAYING. >> MAGISTRATE: YES BUT THE CITY HAD TO SEND SOMEONE OUT TO CORRECT THIS.

IT LOOKED LIKE YOU IGNORED THE CITY'S WARNING.

IF THIS PROPERTY IS A PROBLEM FOR YOU WITH SOMETHING YOU SHOULD HAVE NOTICED A LONG TIME AGO BECAUSE YOU'VE NOTICED THE OWNED IT FOR 17 YEARS AND SHOULD TAKE CARE OF IT THAT YOU DO NOT. THE WORK WAS $1000?

>> SPEAKER: THAT INCLUDED THE ROOT REMOVAL, THE TREES AND YOU CAN SEE THE DIFFERENCE BETWEEN THE TWO PHOTOS.

THIS WAS THE PHOTOS THAT WERE UNDERTOOK BEFORE AND THIS IS THE PHOTO THAT WAS TAKEN AFTER GOOD THERE WAS A SIGNIFICANT AMOUNT OF WORK THAT WAS DONE ON THIS LOT.

>> MAGISTRATE: MR. LEROY BURNEY I SYMPATHIZE WITH YOU.

BUT, I SEE THE NUISANCE SIGNS ALL OVER TOWN AS I DRIVE THROUGH. IT'S CLEARLY PROPERTY I DON'T OWN BUT WHEN THE SIGN IS THERE SOMEONE HAS TRIED TO REACH THE OWNER TO THE PROPERTY OR CLEAN IT UP.

>> SPEAKER: YOUR HONOR, I'VE DONE THAT.

THE ONLY THING I DIDN'T REMOVE WAS THE BRICKS OR WHATEVER THE DEBRIS WAS IN THE DIDN'T RAISE THE TREES UP.

THIS IS THE SAME JOB THAT KEVIN DID AND I PAID HIM $150 FOR THE SAME JOB. THIS IS THE SAME JOB.

>> MAGISTRATE: THERE IS A SIGNIFICANT DIFFERENCE BETWEEN

[00:30:01]

WHICH THE CITY WAS RESPONSIBLE FOR UNDERTAKING.

ANY FURTHER TESTIMONY? BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT THE VIOLATION EXISTED AT LEROY BURNEY IS RESPONSIBLE FOR THE EVALUATION.

I AM FINDING YOU $1100 TO TAKE CARE OF THIS TO THE CITY OF FORT PIERCE. YOU CAN SET UP A PAYMENT PLAN.

DO YOU WANT TO SET UP A PAYMENT PLAN WITH THE CITY?

>> SPEAKER: YES. I GUESS I WOULD HAVE TO, YOUR

HONOR. >> MAGISTRATE: ALL RIGHT.

YOU HAVE 30 DAYS TO APPEAL MY ROLLING.

I SUGGEST YOU GET UP AND GET WITH THE CITY.

HOW MUCH TIME DO YOU THANK YOU NEED TO PAY THIS?

>> SPEAKER: I CAN'T DO IT RIGHT NOW.

I AM GOING THROUGH A DIVORCE RIGHT NOW.

>> MAGISTRATE: I'M ASKING YOU HOW MUCH TIME DO YOU NEED TO

PAY THIS? >> SPEAKER: A YEAR ON A PAYMENT

PLAN. >> MAGISTRATE: WE CAN DO THAT.

GET WITH THE CITY 12 MONTHS TO PAY.

LISTEN. WE GET PEOPLE IN HERE EVERY SO OFTEN PEOPLE COME IN WITH PROBLEMS THEY HAVE WITH NEIGHBORS OR WHATEVER. THE PROPERTY IS YOUR RESPONSIBILITY. WE HAD A GUY NOT LONG AGO BLOCKED THE WHOLE STREET OFF BECAUSE HE THOUGHT PEOPLE WERE TRESPASSING ON HIS PROPERTY. IT IS STILL IN VIOLATION OF CITY RULES AND THEY HAVE TO BE ENFORCED.

SO. >> SPEAKER: I THINK THIS PRICE IS OUTRAGEOUS. HE DID THE SAME JOB BEFORE AND NOW IT IS FROM $150 TO $1000? I HAVE A HARD TIME SEEING THAT BUT THAT'S OKAY. I ACCEPT WHAT I HAVE TO ACCEPT.

>> MAGISTRATE: GOOD LUCK TO YOU.

NEXT CASE MADAME CLERK? >> CLERK: THE NEXT CASE IS 20 Ã

1058 1400 BENNY DRIVE. >> SPEAKER: WE ARE DOING THESE

1722 BENNY. >> CLERK: THE NEXT CASE IS 20 Ã

[G. 20-2734CE 1722 Binney Drive Cummings, Thomas Cummings, Sandra L Heather Debevec ]

2734 1722 BENNY. >> SPEAKER: SPECIAL MAGISTRATE.

I AM TONYA EARLY ON BEHALF OF THE CITY OF FORT PIERCE.

>> SPEAKER: I AM LEWIS R SWEENEY ON BEHALF OF THE

PROPERTY OWNERS, THE CUMMINGS. >> MAGISTRATE: ALL RIGHT, WHEN

YOU ARE READY. >> SPEAKER: SPECIAL MAGISTRATE, THIS IS CASE NUMBER 20 Ã2734 1722 BENNY DRIVE OWNED BY THOMAS AND SONDRA CUMMINGS. THIS WAS INITIATED DECEMBER 10, 2020. THIS WAS SECTION 125 Ã187 ALLOWED USES AND SECTION 22 Ã 19 IMPOSED TERM TAX RECEIPTS.

THEY OBTAINED A TEMPORARY USE TO OPERATE SHORT-TERM RENTAL AND A TAX RECEIPT FROM THE CITY CLERK'S OFFICE.

THE CITY REQUESTS THAT A FINE EQUAL TO ONE MONTH'S RENTAL OR $5000 BE ASSESSED. THE CITY ALSO REQUESTS AN IMMEDIATE CEASE-AND-DESIST ORDER BE IMPOSED AND FUTURE RENTALS BE TERMINATED IMMEDIATELY.

ALL ADVERTISEMENTS FOR SHORT-TERM RENTALS ARE TO BE REMOVED AND PROOF OF CANCELLATION OR PENDING SUMMATIONS BE PROVIDED TO THE CITY ALSO REQUESTS THAT SHOULD THE OWNER FAILED TO COMPLY WITH THE SPECIAL MAGISTRATE'S ORDER THAT ALL YOU TO UTILITIES TO THE PREMISES BE SUSPENDED WHILE

THE VIOLATION EXISTS. >> SPEAKER: CODE OFFICER MISS DEBEVEC SPECIAL MAGISTRATE THERE IS A PROCEDURAL MATTER THAT NEEDS TO BE ADDRESSED. ARE YOU MOVING FORWARD WITH

YOUR MOTION COUNSEL? >> SPEAKER: YES I AM.

>> MAGISTRATE: GOOD MORNING. ARE YOU DONE?

>> SPEAKER: WE ARE GOING TO COME BACK TO HER.

TO DO THINGS IN THE CORRECT ORDER I THINK THIS IS HOW WE

SHOULD PROCEED. >> SPEAKER: GOOD MORNING.

>> MAGISTRATE: GOOD MORNING. >> SPEAKER: I HAD FILED A MOTION TO STAY THIS PROCEEDING MY CLIENT, THIS WAS EXPLAINED CONCERNS OF VACATION RENTAL. MY CLIENTS HAVE FILED A LAWSUIT

[00:35:06]

I CITED TO ANOTHER LAWSUIT THAT WE FILED IN A JUDGMENT THAT WAS ENTERED IN THAT CASE AND THAT IS HOLLANDER VERSES THE CITY OF FORT PIERCE. IT IS 2016 CA Ã537.

IN THAT CASE THE HONORABLE ROBERT LANDERS CIRCUIT JUDGE ON MAY 30 OF 2018 ENTERED AN ORDER PROVIDING IN PART THAT THE DEFENDANT CITY OF FORT PIERCE IS PREEMPTED FROM PROHIBITING VACATION AND STOLE ALL REGULATING THE DURATION FOR THE OF RENTAL VACATION RENTALS. BASED ON THE FLORIDA STATUTE AND AN ORDINANCE THAT HAD BEEN PASSED IN 2013.

SO, MY POSITION IS SPECIAL MAGISTRATE THAT THE MATTER SHOULD PROCEED BEFORE THE COURT SINCE THE COURT SAYS THE ORDINANCE IS VALID. THE CITY HAS THE RIGHT TO PROCEED I DON'T THINK THEY DO BECAUSE OF THE PRIOR RULING.

THIS MATTER SHOULD BE STAYED UNTIL THE COURT HATCHES OUT THIS MATTER AND LIKE I SAID WE HAVE A LAWSUIT AND THAT IS IN

FRONT OF THE SAME JUDGE NOW. >> SPEAKER: SPECIAL MAGISTRATE WHEN YOU ARE READY WILL YOU HEAR THE CITY'S RESPONSE? THE CITY OBJECTS TO THE MOTION TO SAY.

WE ARE PREPARED TO PROCEED THIS MORNING WITH THE HEARING.

JUST FOR CLARIFICATION PURPOSES AND I'M NOT GOING TO COMMENT ON PENDING LITIGATION. I WILL SAY THAT THE ORDER THAT WAS REFERENCED BY COUNSEL HAS BEEN VACATED IN THE CASE THE 2016 CA CASE NUMBER THAT HE REFERRED TO IS A CASE THAT IS STILL OPEN. AGAIN I WON'T COMMENT ON THE STATUS OF THAT CASE OR THE CITY'S LEGAL POSITION IN THAT CASE I WILL JUST SAY THAT THE ORDINANCES THAT THE CUMMINGS ARE ALLEGED TO HAVE VIOLATED HER ON THE BOOKS.

THEY SHOULD BE ENFORCED AT SUCH TIME THAT THE COURT RULES OTHERWISE AND WE ARE READY TO PROCEED THIS MORNING.

>> MAGISTRATE: OKAY, COUNSELOR? >> SPEAKER: AGAIN, ATTACHED TO THE MOTION AND I WANT TO MAKE SURE THE MOTION IS ON THE FILE.

>> SPEAKER: IT SHOULD BE IN THE CLERK'S FILE AND JUST SO YOU KNOW IT HAS NO MARKINGS OR WRITING ON IT.

>> SPEAKER: I HAVE ALSO ATTACHED A COUPLE OF OPINIONS FROM THE ATTORNEY GENERAL. AGAIN, I DON'T DISPUTE WHAT THE CITY COUNCIL IS SAYING ABOUT THE ORDER.

THERE WAS A REHEARING THAT WAS GRANTED BECAUSE SOME OF THE DEFENSES ABOUT THE WAIVER. THE ISSUE IS NOT JUST THAT A LAWSUIT HAS BEEN FILED. SOMEONE SAYING THAT THE ORDINANCE IS NOT AN EFFECTIVE ORDINANCE AND THAT THE CITY, THE COURT HAS ALREADY MADE THESE FINDINGS AND THESE FINDINGS ARE GOING TO STAND. I BELIEVE THAT BECAUSE OF THAT WE SHOULD LET THE COURTS PLAY THIS THING OUT BEFORE WE START PROSECUTING PEOPLE. THAT IS OUR POSITION AND I

CAN'T SAY ANYMORE. >> SPEAKER: SPECIAL MAGISTRATE A BRIEF REBUTTAL. WE ARE NOT PROSECUTING ANYONE HERE THIS IS A CIVIL PROCEEDING.

I WILL SAY EVEN IN THE CONTEXT OF CRIMINAL COURT AS YOUR HONOR IS WELL AWARE JUST BECAUSE SOMETHING IS ON APPEAL IT DOES NOT NECESSARILY MEAN THAT THE STATE STOPS ENFORCING THE LAWS AND THAT THE LOWER COURT JUDGES THE TRIAL COURT JUDGES STOP HAVING TRIALS. THE LAW IS ON THE BOOKS THE ORDINANCE IS ON THE BOOKS AND IT SHOULD BE PRESUMED TO BE VALID AND THE CITY SHOULD BE ABLE TO ENFORCE THESE ORDINANCES UNTIL SUCH TIME AS IT IS FINAL AND A CIRCUIT COURT

[00:40:06]

SAYS OTHERWISE. >> MAGISTRATE: ANYTHING

FURTHER? >> SPEAKER: I THINK I SAID EVERYTHING I NEED TO SAY JUDGE FOR THE RECORD YOUR HONOR.

THE ORDER IS THERE AND IT SPEAKS FOR ITSELF.

IT'S NOT LIKE THERE IS A LAWSUIT HEAR THEIR HAS BEEN A FINDING ALREADY. THE LOT IS IN QUESTION.

>> MAGISTRATE: OKAY. HOW MUCH IS THE MONTHLY RENTAL ON THIS PLACE? DO WE KNOW?

>> SPEAKER: I WOULD DEFER TO STAFF.

>> SPEAKER: SPECIAL MAGISTRATE THE AD IS STILL ALIVE.

THIS IS THE AD RIGHT NOW ON AIRBNB FOR $300 PER NIGHT.

>> SPEAKER: TO BE CLEAR CAN YOU STATE YOUR NAME FOR THE RECORD

AND YOUR POSITION? >> SPEAKER: MARGARET REYES WITH THE CITY. THIS IS A LIVE ADD ON THE INTERNET RIGHT NOW FOR AIRBNB AND THIS IS THE PHOTO IF I ZOOM IN. THE ADDRESS IS LISTED RIGHT HERE. 1722 THIS IS THE PROPERTY IN QUESTION. IT LISTS THE AD AT $300 PER

NIGHT. >> MAGISTRATE: COUNSEL?

YOUR RESPONSE? >> SPEAKER: MY RESPONSE? I'VE BEEN DOWN THIS ROAD BEFORE.

YOUR HONOR, THE AD IS THE AD. IT PROVES THAT THERE IS AN AD.

IN GRIFFIN VERSES THE CITY OF FORT PIERCE CASE NUMBER 16 ÃAP Ã19, AFTER THIS TRIBUNAL FOUND THE VIOLATION OF THE LAW BASED ON THE ADS, CIRCUIT COURT HELD AND THIS ONE HAS NOT BEEN SET ASIDE OR ANYTHING. THIS HAS BEEN AN APPELLATE FINDING. WHILE THE AD IS EVIDENCE OF ADVERTISING THE PROPERTY IT IS NOT EVIDENCE OF SUCCESSFULLY RENTING THE PROPERTY. THE AD IS THE AD.

THERE'S NO PROOF OF ANY VIOLATION BY VIRTUE OF THE AD.

IN GRIFFIN THE MATTER THAT THIS TRIBUNAL'S FINDING WAS REVERSED BECAUSE THE AD IN AND OF ITSELF DOES NOT PROVE A VIOLATION SEEING YOU. I JUST WANT TO BE CLEAR THAT WE ARE GOING IN PROPER ORDER. SPECIAL MAGISTRATE WHAT IS YOUR RULING FOR THE MOTION TO STAY? WE HAVE NOT YET BEGUN OUR

PRESENTATION OF EVIDENCE. >> MAGISTRATE: I HAVE NOT MOVED ON A MOTION TO STAY. YOU HAVE ANY OTHER EVIDENCE ON

THAT? >> SPEAKER: AS FAR AS A MOTION TO STAY? NO.

>> SPEAKER: EVERYTHING THAT WAS PUT IN THE MOTION IN THE ATTACHMENT WHATEVER MY ARGUMENT WAS WAS REPETITION OF WHAT WAS

IN IT. >> MAGISTRATE: I WILL DENY THE

MOTION TO STAY AT THIS TIME. >> SPEAKER: CAN WE CONTINUE WITH OUR PRESENTATION OF EVIDENCE? CODE OFFICER MISS DEBEVEC CAN YOU ANNOUNCE YOUR FULL NAME.

WERE YOU PREVIOUSLY SWORN? >> SPEAKER: YES MA'AM.

>> SPEAKER: WERE YOU ASSIGNED TO WORK ON CASE 20 Ã2734?

>> SPEAKER: YES MA'AM. >> SPEAKER: IS NOT IN RELATION

TO 1722 DRIVE? >> SPEAKER: YES MA'AM.

>> SPEAKER: HOW DID YOU WORK ON THE CASE?

>> SPEAKER: IT WAS AN EMAIL FROM PEGGY AND THEN SHE

FORWARDED IT TO ME. >> SPEAKER: WHEN YOU SAY PEGGY ARE YOU TALKING ABOUT MARGIE REYES? ONCE YOU WERE ASSIGNED TO THE CASE DID YOU GO OUT AND

INVESTIGATE? >> SPEAKER: NO.

THE AD WAS ATTACHED. WE PULLED UP THE AD AND WE

LOOKED AT THAT. >> SPEAKER: WAS THERE A TIME THAT YOU WENT TO 1722 BINNEY DRIVE? WHAT DID YOU SEE WHEN YOU ARRIVE THERE?

>> SPEAKER: I SAW TWO LITTLE GIRLS OUTSIDE.

I ASKED IF MOM OR DAD WAS AROUND.

A YOUNG WOMAN STEPPED OUT. I EXPLAINED THAT THE PAPER IN

[00:45:02]

I DIDN'T WANT TO HANG IT OFF THE FENCE TO BRING FEAR FOR

ANYBODY. >> SPEAKER: YOU GAVE THE PAPERWORK TO THE INDIVIDUAL WHO SAID SHE WAS THERE FOR VACATION IS THAT CORRECT? DID YOU TAKE A PHOTOGRAPH OF THE PAPERWORK YOU PROVIDED TO HER?

>> SPEAKER: I DID. SHE ALLOWED ME TO TAKE A PHOTOGRAPH OF HER HOLDING IT WITHOUT TAKING A PHOTO OF HER.

>> SPEAKER: DO YOU HAVE AN OBJECTION TO THIS PHOTO SPECIAL

COUNSELOR? >> SPEAKER: WHAT PHOTOGRAPH?

>> SPEAKER: I CAN SHOW IT TO YOU.

FOR THE TIME BEING IT IS LABELED EXHIBIT ONE.

>> SPEAKER: NO OBJECTION. >> MAGISTRATE: LABEL IT CITY EXHIBIT ONE. AS FAR AS WHAT IS IN EVIDENCE AS CITY EXHIBIT ONE THE PINDIVIDUAL WHO IS STANDING THERE HOLDING THE NOTICE IS THAT THE WOMAN YOU SPOKE TO?

>> SPEAKER: YES MA'AM. >> SPEAKER: DID SHE INDICATE IF SHE HAD ANY RELATION TO THE OWNERS OF THE PROPERTY OR IF IT

WAS A RENTAL? >> SPEAKER: SHE STRICTLY STATED SHE WAS ON VACATION THERE FOR A COUPLE OF WEEKS.

>> SPEAKER: DID SHE GIVE ANY INDICATION THAT SHE KNEW THE OWNERS OF THE PROPERTY OR THAT THEY WERE FAMILY MEMBERS?

>> SPEAKER: NO. THAT WAS THE EXTENT OF OUR

CONVERSATION. >> SPEAKER: PRIOR TO GOING OUT AND CHECKING UP ON THE PROPERTY AND PRIOR TO ISSUING THE NOTICE THAT IS IN EXHIBIT ONE DID YOU AND OR CODE ENFORCEMENT STAFF VERIFY THAT THERE WAS AN ACTIVE AD POSTED FOR A SHORT-TERM

RENTAL OF THE PROPERTY? >> YES MA'AM.

>> SPEAKER: PRIOR TO THAT DID YOU OR CODE ENFORCEMENT STAFF VERIFY THAT THERE WAS IN FACT NO BUSINESS TAX RECEIPT ON FILE WITH THE CITY OF FORT PIERCE FOR 1722 BINNEY DRIVE?

>> SPEAKER: YES MA'AM. >> SPEAKER: ASSUMING THAT THE PROPERTY WAS PROPERLY AUTHORIZED TO BE RENTED AS A VACATION RENTAL, WHAT THEY NEED TO HAVE A BTR, BUSINESS TAX RECEIPT TO RUN A BUSINESS WITHIN THE BOUNDS OF THE CITY

OF FORT PIERCE? >> SPEAKER: YES MA'AM.>

SPEAKER: BUT THEY DID NOT? >> SPEAKER: YES.

>> SPEAKER: DID YOU RECEIVE ANY EMAILS OR COMMUNICATIONS THAT WERE SUBSEQUENT TO THE ACTUAL TIME THAT YOU WENT OUT TO THE HOUSE TO PROVIDE NOTICE WITH REGARDS TO ADS BEING POSTED FOR THE SHORT TERM UNTIL OF 1722 DRIVE? DID YOU VERIFY THAT THOSE ADS WERE STILL UP AND POSTED?

>> CLERK: I BELIEVE SHE VERIFIED THAT BECAUSE SHE WOULD GET THE EMAILS AND THEY WOULD BE SENT TO ME AND SOMETIMES THE LINK WOULD YOU DROP OFF BEFORE I COULD CHECK ON THAT.

>> SPEAKER: YOU WOULD HAVE MISSED REYES CHECK UP ON THAT?

>> SPEAKER: YES MA'AM. >> SPEAKER: IN REGARDS TO THIS PROPERTY DID YOU DO ANY OTHER WORK IN REGARDS TO YOUR

INVESTIGATION? >> SPEAKER: I THINK MISS REYES TOOK THE PRIMARY STUFF ON THAT. I DID THE PAPERWORK PORTION.

I HAVE SPOKEN WITH NEIGHBORS WHO HAD FLAGGED ME DOWN WHEN I MADE THE POSTING AS THEY WERE STATING THERE HAVE BEEN VARIOUS

PEOPLE IN AND OUT. >> SPEAKER: WHEN YOU SPOKE WITH THE NEIGHBORS DID THEY INDICATE WITH YOU THAT THEY HAD A CONCERN REGARDING THE PEOPLE COMING IN AND OUT OF THE

LOCATION? >> SPEAKER: YES MA'AM.

>> SPEAKER: IN ADDITION TO SPEAKING WITH THE NEIGHBORS YOU SAID YOU DID SOME PAPERWORK. DID YOU SEND A NOTICE LETTER TO THE RESPONDENTS PRIOR TO SHOWING UP TO POST NOTICE AT

THE PROPERTY? >> SPEAKER: YES MA'AM.

>> SPEAKER: WAS NOT SENT IN WITH COMPLIANCE TO THE CITY

CODE? >> SPEAKER: YES MA'AM.

>> SPEAKER: WAS NOT SENT IN WITH COMPLIANCE AND PRACTICE OF

YOUR OFFICE? >> SPEAKER: YES MA'AM.> SPEAKER: IS ANYTHING ELSE IN REGARD TO THE WORK YOU DID ON THIS CASE THEY THINK IS IMPORTANT FOR THE SPECIAL MAGISTRATE TO KNOW?> SPEAKER: I DON'T BELIEVE SO.

>> SPEAKER: THE RECOMMENDATION THAT YOU READ INTO THE RECORD BEFORE THOSE ARE STILL YOUR RECOMMENDATIONS WITH REGARD TO THE PROPERTY AND WITH REGARD TO THE PENALTY THAT THE CITY IS

SEEKING? >> SPEAKER: YES MA'AM.

>> SPEAKER: I HAVE NO FURTHER QUESTIONS FOR THIS WITNESS.

[00:50:02]

SUBJECT TO REDIRECT. >> MAGISTRATE: MY ONLY CONCERN IS DID WE FIND AN AMOUNT OF MONEY THAT WAS PAID PER NIGHT OTHER THAN WHAT IS CONTAINED IN THE AD?

>> SPEAKER: NO MA'AM. ALL I FOUND WAS CONTAINED IN

THE AD. >> MAGISTRATE: MISS REYES THE

CITY IS ASKING FOR $5000? >> SPEAKER: YES MA'AM.

THAT'S THE MAXIMUM OF THE STATE STATUTE THAT SAYS WHEN AN ITEM IS IRREVERSIBLE SUCH AS A RENTAL THAT HAS ALREADY OCCURRED THE MAXIMUM AMOUNT OF THE FINE IS $5000.

IN PRIOR CASES WE HAVE REQUESTED ONE-MONTH THAT EXCEEDS THE MAXIMUM AMOUNT ALLOWED BY THE STATE STATUTE.

>> SPEAKER: SPECIAL MAGISTRATE I DO HAVE A FEW OTHER ITEMS TO PRESENT IF THAT IS OKAY WITH YOU? MAY I PROCEED? THANK YOU MA'AM.

THE CITY WILL CALL MARGARET REYES.

I KNOW YOU ARE PREVIOUSLY SWORN AND YOU STATED YOUR POSITION.

DID YOU PERSONALLY CHECK TO SEE IF 1722 BINNEY DRIVE HAD BEEN POSTED ON AN AIRBNB SITE MAP APPROXIMATELY HOW MANY TIMES?

>> SPEAKER: APPROXIMATELY HOW MANY TIMES TOTAL? PROBABLY 10. 10 TIMES THAT I CHECKED OVER

THE COURSE OF THE MONTH. >> MAGISTRATE: DO YOU HAVE

SCREENSHOTS FOR THOSE TIMES? >> SPEAKER: I DO.

I HAVE SCREENSHOTS FROM YESTERDAY WHICH MATCH THE AD THAT I PULLED UP ON THE SCREEN A MOMENT AGO.

I POSTED THIS YESTERDAY. I KNOW IN THE ORIGINAL COMPLAINT CAME IN I CHECKED THE AD OR THE AD HAS NOT CHANGED SINCE THAT TIME IT REMAINS THE SAME.

THIS IS THE AD THAT REMAINS FROM YESTERDAY.

>> SPEAKER: I'M GOING TO BACK UP A SECOND AND SHOW SOME PHOTOGRAPHS THAT I SHOWED COUNSEL.

I AM SHOWING WHAT IS NOW EXHIBIT 2 AND 3 COMPOSITE FOR IDENTIFICATION. LET ME KNOW IF YOU HAVE AN

OBJECTION TO EITHER. >> SPEAKER: THIS IS JUST THE

WEBSITE STUFF? >> SPEAKER: CORRECT.

>> SPEAKER: I DON'T HAVE AN OBJECTION THAT THIS IS THE WEBSITE. I AM NOT SAYING THAT IT HAS ACCRUED ANYTHING AND I DON'T HAVE A PROBLEM WITH GETTING IN.

>> SPEAKER: WE WILL MOVE THESE ITEMS IN AS CITY COMPOSITE 2

AND 3. >> MAGISTRATE: IT AS SUCH.

>> SPEAKER: CAN I SHOW THE WITNESS?

>> MAGISTRATE: YES. >> SPEAKER: WITH REGARDS TO CITY COMPOSITE TO, TAKE A LOOK AT THAT AND TELL ME IF IT HAS A

DATE ON THAT. >> SPEAKER: YES MA'AM.

DECEMBER 4 2020. >> SPEAKER: DID YOU CHECK THE WEBSITE ON OR ABOUT THAT DATE? WAS IT AN ACTIVE AD AT THIS

TIME? >> SPEAKER: YES MA'AM.

>> SPEAKER: NOW I AM GOING TO SHOW YOU THIS PRINT OUT THAT WE HAD ON THE SCREEN BEFORE. DO YOU RECALL THAT?

>> SPEAKER: YES MA'AM. WHEN WERE THOSE SCREENSHOTS

TAKEN? >> SPEAKER: YESTERDAY

AFTERNOON. >> SPEAKER: AT THAT TIME DID YOU CHECK TO SEE IF 1722 HAD BEEN POSTED FOR AN ACT OF AD

FOR A SHORT-TERM RENTAL? >> SPEAKER: YES MA'AM.

>> SPEAKER: IS THAT A SCREENSHOT AS TO WHAT YOU HAD SEEN? AS OF THIS MORNING DID YOU

CHECK AGAIN? >> SPEAKER: YES MA'AM.

>> SPEAKER: WAS IT'S STILL ACTIVE MAC.

>> SPEAKER: YES MA'AM. SPECIAL MAGISTRATE I AM GOING TO ADD THAT THERE WERE SOME NUMBERS THAT WERE SCRATCHED OUT IN BLUE BUT THE ACTUAL NUMBERS ON BLACK INK ARE CORRECT.

>> MAGISTRATE: SO NOTED. >> SPEAKER: THANK YOU.

MISS REYES WE MIGHT COME BACK TO YOU IN REGARDS TO THE CITY'S RECOMMENDATION. BEFORE WE DO THAT IS THERE ANYTHING ELSE YOU WANT THE SPECIAL MAGISTRATE TO KNOW THAT

I DID NOT ASK YOU? >> SPEAKER: YES MA'AM.

BECAUSE I WAS PART OF THE CASE THAT WAS CITED BY OPPOSING COUNSEL A LITTLE BIT AGO WE HAD ORIGINALLY ONLY CITED FOR CONDITIONAL USES. THINGS HAVE CHANGED OVER THE YEARS AND THERE IS NOW A BUSINESS TAX RECEIPT THAT IS

[00:55:04]

THERE IS A CODE ON THE BOOK WHICH IS SECTION 22 Ã7 PROOF OF BUSINESS ACTIVITY AND I WOULD LIKE TO HIGHLIGHT THE SECOND HALF OF THAT. IT SAYS THE FACT THAT ANY FIRM, PERSON OR CORPORATION REPORTS OF SELF AND ENGAGES IN A BUSINESS OR THE TRANSACTION WHICH RECEIPT IS REQUIRED OR AND I WANT TO START WITH THE LETTER OR, OR THAT SAID PERSON EXHIBITS A SIGN OR ADVERTISEMENT INDICATING ENGAGEMENT AND THIS SHALL BE CONCLUSIVE EVIDENCE OF THE LIABILITY OF SUCH PERSON TO OBTAIN A BUSINESS TAX RECEIPT.

>> MAGISTRATE: THANK YOU. >> SPEAKER: OUR CODE OFFICER MISS DEBEVEC TESTIFIED PREVIOUSLY THAT STAFF AT TESTIFIED THERE WAS NO BUSINESS RECEIPT.

HAVE YOU VERIFIED THAT AS WELL? >> SPEAKER: IT HAS BEEN A WHILE BUT I DID CONFIRM. IN ORDER TO GET THE TAX RECEIPT YOU HAVE TO GO THROUGH THE CONDITIONAL USE PROCESS AND I CONFIRMED JUST A FEW DAYS AGO AND THAT HAD NOT BEEN DONE.

>> SPEAKER: THERE WAS NO ATTEMPT TO GO THROUGH THE

CONDITIONAL USE PROCESS? >> SPEAKER: NOT THAT I AM AWARE OF. I'VE NOT BEEN PROVIDED ANY INFORMATION FROM PLANNING TO BE AWARE OF THAT.

>> SPEAKER: AS WE SIT HERE TODAY THERE'S BEEN NO EVIDENCE?

>> SPEAKER: THERE'S BEEN NO APPLICATION FILED.

THAT IS CORRECT. >> SPEAKER: WITHOUT HAVING DONE THAT THEY WOULD NOT BE ABLE TO DO THIS SHORT-TERM RENTAL WITHOUT VIOLATING THE CITY CODE OF ORDINANCE?

>> SPEAKER: THAT'S CORRECT. THAT'S REQUIRED FOR ANY

SHORT-TERM RENTAL. >> SPEAKER: IS THERE ANYTHING

ELSE? >> SPEAKER: NO MA'AM.

>> SPEAKER: CROSS? >> SPEAKER: YES, MISS ARAYES, THIS SECTION 22 Ã27 YOU ARE REFERRING TO.

IS THAT PLACED INTO ANY NOTICE THAT WAS PROVIDED TO THE

OWNERS? >> SPEAKER: NO.

THE NOTICE STATED THAT THEY ARE REQUIRED TO HAVE A BUSINESS TAX RECEIPT. THE PORTION HERE IS NOT A VIOLATION. IT IS SIMPLY A STATEMENT THAT SAYS IF YOU EXHIBIT AN ADVERTISEMENT FOR A BUSINESS TAX RECEIPT THERE IS NO VIOLATION WE JUST CITE THE VIOLATION WHICH IS THAT YOU FAILED TO OBTAIN A BUSINESS TAX

RECEIPT. >> SPEAKER: WHEN WAS THIS SECTION 22 Ã27 LET'S STRIKE THAT.

I SEE IT IS UP THERE. OKAY, THAT IS FINE.

>> MAGISTRATE: ANYTHING FURTHER?

>> SPEAKER: THE CITY DOES HAVE SOME WITNESSES THAT GO BEYOND THE AD TO THE ACTUAL EVIDENCE OF RENTAL AND I WANT TO PUT THAT ON AS WELL. THE CITY WILL CALL TIMOTHY BANKSTON. GOOD MORNING SIR.

CAN YOU SPELL YOUR NAME FOR THE COURT REPORTER.

>> SPEAKER: YES. TIMOTHY BANKSTON.

>> CLERK: SPELL YOUR NAME PLEASE?

>> SPEAKER: BANKSTON. >> CLERK: PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR THAT THERE THOUGH YOUR SWORN TESTIMONY IS THE TRUTH?

>> SPEAKER: YES MA'AM.> SPEAKER: GOOD MORNING SIR.

CAN YOU TELL ME WHERE YOU LIVE IN RELATION TO 1722 DRIVE?

>> SPEAKER: I LIVE IMMEDIATELY SOUTH TO THE PROPERTY IN

QUESTION. >> SPEAKER: FROM WHERE YOU RESIDE YOU HAVE A GOOD VIEW OF THE PROPERTY?

>> SPEAKER: YES. WHEN I LOOKED OUT THE KITCHEN WINDOW HAVE A CLEAR VIEW OF THE PROPERTY.

>> SPEAKER: WHEN WAS THE FIRST TIME THAT THERE WAS AN INDICATION THAT THERE WERE VACATION RENTALS GOING ON AT

THE PROPERTY? >> SPEAKER: THE FIRST TIME I SAW PEOPLE STAYING IN THE HOUSE WAS ON THANKSGIVING HOLIDAY FOR 3 OR FOUR DAYS THERE WERE PEOPLE THERE.

>> SPEAKER: OKAY. HAVE YOU MET MR. OR MRS. CUMMINGS? THE RESPONDENTS IN THIS CASE?

>> SPEAKER: ONE-TIME I DID MEET MR. CUMMINGS AND HAD A BRIEF

CONVERSATION WITH HIM. >> SPEAKER: YOU KNOW WHAT HE

[01:00:01]

LOOKS LIKE? >> SPEAKER: YES AND I DON'T SEE

HIM HERE TODAY. >> SPEAKER: THE INDIVIDUALS YOU SAW STAYING AT THE HOUSE AROUND THANKSGIVING DID YOU SEE MR. CUMMINGS AT THE HOUSE AT THAT TIME?

>> SPEAKER: I'VE NEVER SEEN HIM STAY AT THE HOUSE.

I'VE SEEN HIM THEY ARE DOING WORK AND CLEANING ACTIVITIES.

>> SPEAKER: OKAY. WHEN YOU DO SEE HIM OVER THERE DOES HE TENDS TO DRIVE THE SAME VEHICLE? HAVE YOU EVER SEEN THAT VEHICLE STAY AT THE HOUSE OVERNIGHT?

>> SPEAKER: I SEEN IT STAY LATE INTO THE NIGHT BUT NEVER

OVERNIGHT. >> SPEAKER: OKAY.

IS THERE A PATTERN THAT YOU HAVE NOTICED IN REGARDS TO WHEN MR. CUMMINGS OR HIS VEHICLE IS AT 1722 DRIVE?

>> SPEAKER: I SEE THE VEHICLE THERE.

I SEE HIM AND I ASSUME HIS WIFE.

THEY APPEAR TO BE TAKING THINGS IN AND OUT OF THE HOUSE LIKE CLEANING SUPPLIES AND LAUNDRY. THEY ARE THERE SOMETIMES THREE OR FOUR HOURS. WHEN THEY LEAVE, THEY LEAVE THE GATE OPEN. AND THEN SHORTLY AFTER OR IMMEDIATELY THE NEXT DAY THERE ARE NEW GUESTS THAT ARRIVE.

AFTER THE GUESTS STAY, IT'S THE SAME PATTERN THE NEXT MORNING.

HE IS OVER THERE, APPARENTLY CLEANING AND GETTING READY FOR

THE NEXT GROUP. >> MAGISTRATE: HAVE YOU SEEN THIS PATTERN REPEAT ITSELF OF STRANGE OR DIFFERENT VEHICLES STAYING A FEW DAYS AND THEN MR. CUMMINGS ARRIVING WITH THE SAME VEHICLE AND PREPARING TO REMOVE CLEANING SUPPLIES AND LEAVING THE GATE OPEN AND THEN ANOTHER GROUP OF INDIVIDUALS COMING TO THE PROPERTY? HAVE YOU SEEN THIS PATTERN

REPEAT ITSELF? >> SPEAKER: YES, THERE ARE THREE VEHICLES THERE AS WE LEFT THIS MORNING.

THREE VEHICLES OF PEOPLE STAYING THERE.

IT IS OBVIOUS IN MY OPINION THAT THEY ARE PAYING GUESTS.

IN MY OPINION. >> SPEAKER: HAVE YOU SEEN A CONTINUOUS PATTERN AS FAR AS PEOPLE COMING TO STAY AT THE

PROPERTY? >> SPEAKER: YES.

IT'S GETTING MORE FREQUENT NOW AND MORE PEOPLE.

THIS WEEKEND THERE WAS AT LEAST 20 PEOPLE THERE AT ONE TIME AND 7 OR EIGHT VEHICLES. THE PHOTOGRAPHS OF ALL OF THIS.

>> SPEAKER: I'M GOING TO BACK UP AND ASK ABOUT PHOTOGRAPHS IN A SECOND. I WANT YOU TO TELL THE SPECIAL MAGISTRATE IN GENERAL WHAT YOU HAVE NOTICED.

IT HELPS IF YOU CAN GIVE US SOME DATE MARKERS LIKE CHRISTMAS OR NEW YEAR'S OR THINGS OF THAT NATURE IN TERMS OF YOUR OBSERVATION OF THE PROPERTY.

>> SPEAKER: ON OR ABOUT THE MONDAY OF THE NEW YEAR'S HOLIDAY I DECIDED TO APPROACH MR. CUMMINGS IN HIS FRONT YARD TO HAVE A TALK WITH HIM TO LET HIM KNOW THAT I WAS OPPOSED AND ALL THE NEIGHBORS AROUND WERE OPPOSED TO HAVING AN AIRBNB IN OUR RESIDENTIAL NEIGHBORHOOD. I ASKED HIM HOW HE WAS DOING AND I ASKED HIM HOW IS THE AIRBNB BUSINESS.

HE GAVE ME A VERY SURPRISED LOOK.

AND I SAID I JUST WANT YOU TO KNOW THAT MYSELF AND ALL OF MY NEIGHBORS ARE OPPOSED TO THIS IN OUR RESIDENTIAL NEIGHBORHOOD. WE ARE GOING TO FIGHT YOU MEANING THROUGH THIS PROCESS. HE SAID WELL, I HAVE A CONDITIONAL USE PERMIT AND I CAN DO WHATEVER I WANT.

>> SPEAKER: I'M GOING TO STOP YOU THERE IN REGARDS TO YOUR CONVERSATION WITH HIM. CAN YOU TELL US YOUR OBSERVATIONS AS FAR AS, FIRST OF ALL HE INDICATED TO YOU THAT HE HAD A CONDITIONAL USE PROCESS TO RENT THE PROPERTY OUT FOR SHORT-TERM RENTALS CORRECT?

>> SPEAKER: CORRECT. >> SPEAKER: WITH REGARDS TO YOUR OBSERVATIONS YOU SAY THAT WAS ABOUT NEW YEAR'S?

THAT THAT CONVERSATION HAPPENS? >> SPEAKER: YES I BELIEVE IT WAS THE MONDAY AFTER THE NEW YEAR'S HOLIDAY.> SPEAKER:

WHAT HAS HAPPENED SINCE THEN? >> SPEAKER: IT'S BEEN A NONSTOP REPEAT OF PEOPLE. SOMETIMES TTWO, SIX, SOMETIMES THEY PARK ACROSS THE SIDEWALK. SOMETIMES THEY WERE PARKING INSIDE OF THE FENCE. THEY ARE USUALLY THERE FOR 2 OR THREE DAYS. SOMETIMES A WEEK.

AFTER THEY ARE GONE MR. CUMMINGS SHOWS UP SAME VEHICLE AND THEY APPEAR TO BE CLEANING. THEY LEAVE.

IF NO ONE IT IS GOING TO BE THERE FOR A COUPLE OF DAYS THEY LEAVE THE GATE UP BUT WHENEVER THEY SHOW BACK UP AND LEAVE THE GATE OPEN APPARENTLY THAT IS LEFT OPEN FOR THE NEW GUEST AND

SURE ENOUGH NEW PEOPLE ARRIVE. >> SPEAKER: HAVE YOU HAD ANY

[01:05:02]

DISCUSSIONS WITH THE GUEST? >> SPEAKER: YES I HAVE.

>> SPEAKER: HAVE ANY INDICATED WHAT THEY WERE DOING AT THE

PROPERTY? >> SPEAKER: YES A FEW WEEKS AGO I TALKED TO A MAN WHO WAS OUT FRONT IN THE MORNING AND HE SAID HE WAS FROM DALLAS, TEXAS. I ASKED HIM HOW HE FOUND OUT ABOUT THE PROPERTY. HE SAID THAT HE LOOKED AROUND ON THE INTERNET. AND I ASKED YOU MEAN AIRBNB?

AND HE SAID YES. >> SPEAKER: I AM GOING TO SHOW YOU SOME PHOTOGRAPHS. RIGHT NOW THEY ARE MARKED FOR ID OF CITY FOR COMPOSITE. CAN YOU SHOW THAT PLEASE?

>> SPEAKER: YOUR HONOR, IF I MAY, I READ THE PROCEDURES OF THE COURT AND I KNOW THAT YOU DON'T FOLLOW THE FORMAL EVIDENCE CODE IN THIS PROCEEDING BUT AT THE SAME TIME I BELIEVE THAT A LOT OF THE TESTIMONY PROVIDED IS HEARSAY.

I OBJECT TO THAT. >> SPEAKER: SPECIAL MAGISTRATE THAT TESTIMONY, THAT HORSE HAS LEFT THE BARN ESSENTIALLY.

>> MAGISTRATE: OBJECTION OVERRULED.

>> SPEAKER: I WILL NOTE FOR THE RECORD THAT OF COURSE MR. CUMMINGS STATEMENTS DON'T FALL UNDER THE HEARSAY RULE BECAUSE HE IS A PARTY OPPONENT IN THIS PROCEEDING.

IF WE COULD LOOK AT THE PHOTOGRAPHS AND TELL ME IF YOU

OBJECT TO THEIR ADMISSION. >> SPEAKER: SUBJECT TO A FOUNDATION. ARE THESE PHOTOGRAPHS HE TOOK

OR ARE THESE PHOTOGRAPHS? >> SPEAKER: I TOOK THAT

PHOTOGRAPH. >> SPEAKER: IF YOU SHOW THEM TO HIM 1ST AND THEN LAY A PREDICATE, I'M SURE HE SAYS HE TOOK THE PHOTOGRAPHS AND I'M NOT GOING TO OBJECT.

>> SPEAKER: I TOOK BOTH PHOTOGRAPHS.

>> SPEAKER: YOU TOOK THOSE PHOTOGRAPHS.

THAT THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> SPEAKER: YES. THE ONE WITH HIS VEHICLE OPEN

IS WHEN THEY WERE CLEANING. >> SPEAKER: BEFORE YOU TESTIFY ABOUT IT TODAY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> SPEAKER: YES. >> SPEAKER: AT THIS TIME WE WILL MOVE IT IN AS CITY COMPOSITE FOR.

THANK YOU. SPECIAL MAGISTRATE I DON'T THINK WE HAVE THESE ON THE OVERHEAD.

I AM ASKING ABOUT FOR A WHICH IS A PICTURE OF AN SUV WITH THE BACK HATCH OPEN. IS THAT THE SUV THAT YOU SAW OR YOU HAVE SEEN ASSOCIATED WITH MR. CUMMINGS?

>> YES THAT IS HIS VEHICLE. >> WHY DID YOU PHOTOGRAPH THE

VEHICLE? >> SPEAKER: I WAS DOCUMENTING THE WHOLE PROCEDURE SINCE WE FOUND OUT HE WAS RUNNING AN AIRBNB WITHOUT A CONDITIONAL USE PERMIT.

WE WANTED TO HAVE EVIDENCE TO GIVE TO THE CITY TO TRY TO GET

HIM TO STOP. >> SPEAKER: WAS THIS ONE OF THE OCCASIONS WHERE YOU THINK YOU SAW HIM WITH CLEANING SUPPLIES

WE'LL. >> SPEAKER: YES AND HE SAW ME TAKING THE PHOTO OF HIM AND HE CALLED THE POLICE ON ME.

>> SPEAKER: WERE YOU TAKING THE PHOTOGRAPH FROM YOUR OWN

PROPERTY? >> SPEAKER: YES.

>> SPEAKER: THE SECOND PHOTOGRAPH WHY DID YOU TAKE

THAT ONE? >> SPEAKER: I THINK THAT IS WHERE THE TRUCK WAS PARKED ON THE SIDEWALK.

PEOPLE WERE HAVING TO GO DOWN INTO THE STREET TO GET AROUND

ON THE SIDEWALK. >> SPEAKER: OKAY.

I DON'T HAVE ANY FURTHER QUESTIONS FOR THIS WITNESS.

>> SPEAKER: MR. BANKSTON, YOU'RE GOING TO HAVE TO ANSWER SOME OF MY QUESTIONS. THEY WON'T BE HARD ONES.OU SAID THAT THESE WERE OBVIOUS PAYING GUESTS.

YOU DON'T HAVE ANY PROOF WHAT PROOF DO YOU HAVE THAT THESE

PEOPLE PAID? >> MAGISTRATE: MR. BANKS, LET

HIM FINISH BEFORE YOU ANSWER. >> SPEAKER: WHAT PROOF DO YOU

HAVE? >> SPEAKER: IF YOU NOTICE THERE ARE FIVE REVIEWS FROM CUSTOMERS.

THE AINB SCROLL DOWN FROM CUSTOMER REVIEWS.

THEY HAVE THE DATES. I'M SURE THEY WEREN'T JUST HIS

RELATIVES STAYING FOR FREE. >> SPEAKER: LET'S LOOK AT THESE REVIEWS. ARE THESE THE REVIEWS YOU ARE TALKING ABOUT? SIR?

>> SPEAKER: NOW ALL THAT QUEMAC.

>> SPEAKER: SURE. >> SPEAKER: ARE YOU SHOWING HIM THE SAME THING THAT IS ON THE SCREEN?

[01:10:02]

>> SPEAKER: I CANNOT VERIFY THAT IT IS.

I CAN ONLY LOOK AT THE WEBSITE. >> SPEAKER: LET'S LOOK AT

THOSE. >> SPEAKER: THAT'S THEM.

THOSE ONES RIGHT BEFORE ME THOSE ARE THE REVIEWS.

>> SPEAKER: ANY MENTION OF MONEY?

>> SPEAKER: NO. EXCEPT RIGHT AT THE TOP WHERE

IT SAYS $300 PER NIGHT. >> SPEAKER: I UNDERSTAND THAT DO YOU SEE ANYTHING IN THE REVIEW MENTIONING MONEY?

>> SPEAKER: NO. >> SPEAKER: IF HE HAS THIS CONDITIONAL USE PERMIT YOU UNDERSTAND THAT THERE WOULD BE NOTHING THAT YOU COULD DO ABOUT THIS?

>> SPEAKER: OBJECTION. THAT CALLS FOR LEGAL

CONCLUSION. >> MAGISTRATE: SUSTAINS.

>> SPEAKER: OKAY. [CHUCKLE] I HAVE NOTHING

FURTHER. >> SPEAKER: THANK YOU.

>> SPEAKER: SPECIAL MAGISTRATE IF THIS IS NOT ACTUALLY PRINTED I AM GOING TO ASK THAT WE COULD SUPPLEMENT THE RECORD WITH IT? YOU HAVE THE ACTUAL PHYSICAL EXHIBIT YOU.

I WILL NOTES THAT THE REVIEW FROM SOMEONE NAMED CHRISTOPHER IN JANUARY 2021 SAYS, NO KIDDING 3 TO 4 MINUTE WALK TO THE BEACH AND THAT'S WHAT YOU ARE PAYING FOR.

IF IT IS NOT ALREADY IN THE RECORD I WOULD ASK THAT WE WOULD BE ABLE TO PRINT THIS AND SUPPLEMENT.

>> SPEAKER: WELL, YOU KNOW, I THINK I WAS PROVIDED A BUNCH OF PHOTOS BEFOREHAND. I ASKED AND RECEIVED ON FEBRUARY 3 A STOCK OF THE EVIDENCE AND THEN LAST NIGHT I BELIEVE I WAS SENT A FEW PHOTOGRAPHS.

YOU KNOW? I HAVE NOT BEEN PROVIDED WITH THIS. IN FACT, WHAT I WAS SHOWING THE GENTLEMAN ABOUT REVIEWS ARE THE REVIEWS THAT I WAS PROVIDED AND I EVEN TAPPED THEM. SO, YOU KNOW.

>> SPEAKER: SPECIAL MAGISTRATE. >> SPEAKER: YOU GIVE ME YOUR

EVIDENCE AND IT'S NOT THERE. >> SPEAKER: AGAIN, I DON'T THINK THERE ARE TECHNICALLY RULES OF DISCOVERY HERE.

MR. ARAYES HAS TESTIFIED THE AD IS STILL AT THIS MORNING AND I BELIEVE THIS IS FROM THE ACT OF ADD RIGHT NOW.

I CAN CERTAINLY RECALL HER AND HAVE HER PUT THE EVIDENCE ON RECORD YOUR COUNSEL DID ASK ABOUT REVIEWS AND QUESTION THE WITNESS ABOUT WHAT WAS UP ON THE SCREEN.

FOR PURPOSES OF RESERVING THE RECORD WE NEED TO HAVE THIS PRINTED AND MADE PART OF THE RECORD AS AN EXHIBIT.

>> SPEAKER: MAGISTRATE ROSS, IF I MAY, I CANNOT QUESTION THESE PEOPLE. THIS IS HEARSAY.

NOT ONLY THAT IT IS BEING PROVIDED AFTER I ASKED FOR ALL THE DOCUMENTATION. YOU KNOW, IT IS WHAT IT IS JUDGE. THAT IS MY POSITION.

>> MAGISTRATE: I WILL OVERRULED THE OBJECTION.

ANY FURTHER QUESTIONS? >> SPEAKER: WE DO HAVE ANOTHER WITNESS SPECIAL MAGISTRATE. I WOULD LIKE TO RECALL MR. ARAYES SO WE CAN TIE UP THE ISSUE.

I WILL CALL MR. ARAYES LAST. AT THIS TIME MISS WILLIAMSON

WILL YOU PLEASE STEP FORWARD? >> CLERK: RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR RECORDS.

DO YOU SWEAR THAT YOUR TESTIMONY IS THE TRUTH?

>> SPEAKER: YES. >> CLERK: THANK YOU.

>> SPEAKER: CAN YOU STATE AND SPELL YOUR NAME,

>> SPEAKER: KELLY WILLIAMSON. >> SPEAKER: CAN YOU TELL THE SPECIAL MAGISTRATE WHERE YOU LIVE IN RELATION TO 1722 DRIVE?

[01:15:04]

>> SPEAKER: I LIVE RIGHT NEXT DOOR TO THE RESIDENCE.

>> SPEAKER: WHERE YOU RESIDE YOU HAVE A GOOD LOOK AT THE

RESIDENCE? >> SPEAKER: I DO.

THERE IS A BIG PRIVACY BUSH THAT MY HUSBAND PLANTED FOR PRIVACY AND THEN MY GAIT, MY BACKYARD GATES IS THERE BACKYARD GATE AND THEN THEY FOLLOWED SUIT.

>> SPEAKER: OKAY. CAN YOU TELL US YOUR OBSERVATION IN REGARDS TO THIS PROPERTY?

>> SPEAKER: SINCE SEPTEMBER I MET MR. CUMMINGS AND HIS WIFE AND THEY WERE DOING WORK GETTING THE HOUSE READY.

AND THEN STARTING AROUND THANKSGIVING IS WHEN ALL THE COMPANIES STARTED COMING. USUALLY TWO SETS OF GUESTS PER WEEK. ALSO, IT IS LIKE A THREE DAY MINIMUM SO PEOPLE STAY AND THEN THE CUMMINGS SHOW UP AND CLEAN, TAKE THE TRASH OUT AND LEAVE THE GATE OPEN.

THE NEXT DAY MORE PEOPLE CHECK IN.

>> SPEAKER: ARE THE CARS DIFFERENT EVERY TIME? WHEN YOU REFER TO THE PEOPLE CHECKING IN?

>> SPEAKER: THEY ARE. I HAVE SEEN MARYLAND, ILLINOIS, TEXAS, I'VE SEEN SOME FLORIDA PLATES AS WELL.

>> SPEAKER: AGAIN YOU TESTIFIED THAT YOU OBSERVED A PATTERN OF OUT-OF-STATE OR DIFFERENT CARS COMING AND STAYING FOR A FEW DAYS APPROXIMATELY THREE DAYS SOMETIMES?

IS THAT CORRECT? >> SPEAKER: SOMETIMES A WEEK.

BUT GENERALLY IT HAS BEEN A REVOLVING DOOR OF STRANGERS

AROUND THANKSGIVING TIME. >> SPEAKER: WOULD YOU SAY THAT THOSE CARS STAYED LESS THAN SEVEN DAYS?

>> SPEAKER: YES. SOMETIMES IT IS THREE DAYS AND THEN ANOTHER DAY. PEOPLE WILL BE THERE FOR 3 DAYS AND THEN THERE WILL BE ONE CLEANING DAY AND THEN SOMETIMES A LITTLE BIT OVER 24 HOURS AFTER THE CLEANING CREW THEN ANOTHER CREW WILL SET. I DON'T KNOW IF THERE'S ANY CORONA GUIDELINES BUT THERE WAS LAST WEEKEND IT SEEMED TO ME TO BE SOME TYPE OF FAMILY REUNION. THEY DIDN'T STAY OVERNIGHT BUT MORE AND MORE PEOPLE SHOWED UP. THEY WERE PARKED ACROSS THE STREET. MY CONCERN SOMETIMES IS FOR THE GAS. I SAW A GENTLEMAN PARKED ACROSS THE STREET WITH A SMALL BABY AND A CHILD.

THAT STOP SIGN, PEOPLE BLOW THROUGH THEIR AT 50 MPH.

THEY DON'T EVEN STOP. MY CONCERN IS SAFETY ALSO FOR THESE GUESTS. THEY DON'T KNOW THAT PEOPLE

BLOW THROUGH THAT STOP SIGN. >> SPEAKER: I UNDERSTAND YOUR CONCERNS BUT LET'S GO THROUGH YOUR OBSERVATIONS.

CAN YOU GIVE US SOME MARKERS AS FAR AS DATES THAT REALLY STAND OUT IN YOUR MIND ABOUT WHY YOU CONCLUDED THAT THIS PROPERTY

WAS BEING RENTED SHORT-TERM? >> SPEAKER: MAY I REVIEW MY

NOTES? >> SPEAKER: IT WOULD.

>> SPEAKER: MAY I SEE THE NOTES?

>> SPEAKER: SPECIAL MAGISTRATE THIS IS NOT.

>> SPEAKER: IF SHE IT IS GOING TO REFRESH HER NOTES AND SHE'S PASSING IT TO HER I WANT TO SEE WHAT THE RECOLLECTION IS.

I AM ALLOWED TO SEE WHATEVER IT IS THAT SHE'S GOING TO TESTIFY

FROM. >> MAGISTRATE: SHE IS USING NOTES AND SHE'S USING HER NOTES TO REFRESH HER MEMORY.

THEY ARE NOT KNEEING OFFERED INTO EVIDENCE.

YOU CAN CROSS-EXAMINE. >> SPEAKER: I AM NOT ALLOWED TO

SEE THEM? >> SPEAKER: NO.

>> SPEAKER: I DON'T NEED TO. >> SPEAKER: SPECIAL MAGISTRATE I'M GOING TO WITHDRAW THE QUESTION.

YOU MENTIONED, LET'S START WITH HOLIDAYS.

THANKSGIVING DID YOU NOTICE ANYONE OTHER THAN THE CUMMINGS?

>> SPEAKER: YES I DID HEAR THANKSGIVING, CHRISTMAS.

>> SPEAKER: I'M GOING TO RESTATE THE QUESTION.

LET'S TALK ABOUT DIFFERENT DATES.

GIVING. DID YOU NOTICE ANYONE OTHER THAN THE CUMMINGS AT THE PROPERTY AT THAT TIME?

[01:20:02]

>> SPEAKER: YES I DID AND I REALIZED THAT THE CUMMINGS NEVER SHOWED UP DURING ANY TIME THERE ARE GAS.

THE CUMMINGS ARE NEVER PRESENT DURING THAT TIME.

>> SPEAKER: OKAY. SO DURING THANKSGIVING YOU DID NOT SEE THE RESPONDENTS / PROPERTY OWNERS AT THE PROPERTY BUT YOU DID SEE OTHER INDIVIDUALS?

>> SPEAKER: YES I DID. >> SPEAKER: DID THOSE INDIVIDUALS STAY FOR LESS THAN A WEEK APPROXIMATELY?

>> SPEAKER: THEY STAYED FOR ABOUT FIVE DAYS.

>> SPEAKER: AFTER THEY DEPARTED DID YOU NOTICE THE RESPONDENTS AND/OR PROPERTY OWNERS RETURNED TO CLEAN THE PROPERTY?

>> SPEAKER: YES I DID. >> SPEAKER: LET'S FAST FORWARD TO CHRISTMAS 2020. TO BE CLEAR WHEN A REFERENCE THANKSGIVING WE ARE REFERRING TO 2020 IS THAT CORRECT?

>> SPEAKER: YES, THANKSGIVING AND CHRISTMAS 2020.

>> SPEAKER: WHAT DID YOU NOTICE AROUND CHRISTMAS?

>> SPEAKER: I NOTICED PEOPLE FROM ANOTHER STATE THAT WERE

THERE FOR 3 OR FOUR DAYS. >> MAGISTRATE: OKAY.

AFTER THEY LEFT, WHAT HAPPENS? >> SPEAKER: THE CUMMINGS CAME AND CLEANED AND TOOK THE TRASH OUT.

USUALLY THEY WILL TAKE THE TRASH OUT AND COME BACK THE NEXT DAY SO THAT THEY CAN BRING THE TRASH CANS IN FOUR NEXT

VISITORS. >> SPEAKER: LET'S TALK ABOUT

NEW YEAR'S. >> SPEAKER: FIVE YOUNG MEN RANG IN THE NEW YEAR. DID A LOT OF FISHING.

THEY WERE THERE A GOOD FIVE DAYS.

THEY HAD A GOOD TIME. >> SPEAKER: AGAIN, HAVE YOU SEEN THIS PATTERN CONTINUE OF DIFFERENT CARS AND DIFFERENT PROPERTIES INTO JANUARY AND FEBRUARY OF DIFFERENT CARS COMING TO THE PROPERTY JANUARY AND FEBRUARY?

>> SPEAKER: YES. ABSOLUTELY.

I RESIDE AND SHARE A BACKYARD TO THIS PROPERTY.

I AM VERY AWARE. I DO WORK FULL-TIME.

I WORK IN THE MORNING AND WHEN I COME HOME I SPEND A LOT OF TIME ON MY BACK PORCH. I AM SHARING VACATIONS WITH THESE PEOPLE I AM VERY AWARE LITERALLY I AM RIGHT NEXT DOOR.

>> SPEAKER: I'M GOING TO SHOW YOU WHAT IS CITY FIVE COMPOSITE FOR IDENTIFICATION. DID YOU TAKE THOSE PHOTOGRAPHS

MA'AM? >> SPEAKER: I DID.

>> SPEAKER: DID THEY FAIRLY AND ACCURATELY IDENTIFY WHAT YOU

SAW? >> SPEAKER: YES.

THEY ARE ON MY PHONE. >> SPEAKER: HOW CAN SHE SEE

THEM? >> MAGISTRATE: COUNSELOR WAIT TILL SHE IDENTIFIES AND ANSWERS THE QUESTION.

>> SPEAKER: HAVE YOU REVIEW THEM SIR? MA'AM CAN YOU REVIEW THE PHOTOGRAPHS AND TELL ME IF THEY

ACCURATELY TRAY WHAT YOU SAW? >> SPEAKER: YES MA'AM. TOOK EVERY ONE OF THESE AND EVERY ONE OF THESE IS ON MY TELEPHONE AT THIS TIME IF YOU WOULD LIKE TO SEE THEM.

>> SPEAKER: THAT WON'T BE NECESSARY.

WE WILL MOVE THESE PHOTOGRAPHS INTO THE CITY COMPOSITE.

>> SPEAKER: CAN I SAY SOMETHING ABOUT THE PHOTOGRAPHS?

>> MAGISTRATE: DID YOU SEE THEM?

>> SPEAKER: I SAW THEM BUT AGAIN I ASKED FOR ALL THE DOCUMENTS. WHILE THEY WERE PASSED TO ME I LOOKED AT THE PHOTOGRAPHS. I UNDERSTAND THAT SHE TOOK THE PHOTOGRAPHS BUT AGAIN, THESE WERE NOT PROVIDED TO ME.

AT LEAST SOME OF THEM. SOME OF THEM LOOK LIKE WHAT IS IN THE PACKAGE THAT WAS PROVIDED TO ME THE OTHERS WERE

NOT. >> SPEAKER: SPECIAL MAGISTRATE THEY WERE PROVIDED VIA EMAIL YESTERDAY.

AGAIN WE DON'T HAVE FORMAL RULES OF DISCOVERY.

I PROVIDED THEM WHEN I RECEIVE THEM AND WHEN I WAS ABLE TO GET

[01:25:01]

TO COUNSEL IN ELECTRONIC FORM. >> SPEAKER: I WAS SENT THREE

PHOTOGRAPHS YESTERDAY. >> SPEAKER: SPECIAL MAGISTRATE I SENT FOUR EMAILS TO SPECIAL COUNSEL YESTERDAY.

WHAT IS THE PREJUDICE YOU ARE ALLEGING?

>> SPEAKER: I AM JUST ME GETTING THE EVIDENCE BEFORE HAND IF I'M NOT GETTING THE EVIDENCE BEFORE HAND?

>> SPEAKER: WHAT IS THE PREJUDICE?

>> MAGISTRATE: THE PHOTOS WILL BE ADMITTED.

AND IN THE APPROPRIATE ORDER. >> SPEAKER: WOW.

>> MAGISTRATE: YOU MAY CONTINUE.

>> SPEAKER: MA'AM IN REGARDS TO THESE PHOTOS THAT ARE NOW IN EVIDENCE TO SPECIAL MAGISTRATE HAS THEM BUT CAN YOU, ONCE SHE HAS HAD A CHANCE TO VIEW THEM I'M GOING TO HAND IT BACK TO YOU. CAN YOU WALK US THROUGH ON WHY YOU THOUGHT THEY WERE IMPORTANT TO TAKE? AS I HAND THEM BACK PLEASE NOTE THAT EACH PHOTOGRAPH IS LABELED WITH A LETTER ON THE BACK. AS YOU ARE TALKING ABOUT THE PHOTOS PLEASE LET US KNOW WHAT LETTER YOU ARE LOOKING AT.> SPEAKER: OKAY. YOU HAVE ALREADY SEEN THEM BUT TO BE CLEAR FOR THE RECORD COUNCIL IS LOOKING AT WHAT IS

ALREADY IN EVIDENCE. >> SPEAKER: I DON'T NEED TO SEE

IT AGAIN. I>> SPEAKER: I HAVE K.

>> SPEAKER: THAT THE LAST PHOTOGRAPH.

CAN YOU PLEASE TELL US WHY YOU THOUGHT IT WAS IMPORTANT TO

TAKE THAT ONE? >> SPEAKER: IT IS PROOF THAT IT IS A REVOLVING DOOR OF DIFFERENT CARS AND THE FACT THAT PARKING HAS BECOME A PROBLEM.

I HAVE JAY, A MOTORCYCLE RIGHT BY MY MAILBOX.

MY MAILMAN HAD DIFFICULTY GETTING TO MY MAIL.

AGAIN, THE MOTORCYCLE BEING THERE, I AM CONCERNED ABOUT THE ROAD. THERE'S A LOT OF TRAFFIC THERE AND THE MORE VEHICLE THERE ARE THE HARDY IT IS TO SEE.

IF PEOPLE ARE OBEYING THIS BID LIMIT IT'S NOT A HAZARD BUT PEOPLE BLOW THROUGH THERE VERY QUICKLY.

>> SPEAKER: ALL THE VEHICLES THAT YOU PHOTOGRAPHED AND IN THAT EXHIBIT WERE THOSE VEHICLES ASSOCIATED WITH 1722

BINNEY DRIVE? >> SPEAKER: YES.

THAT WAS SOME TYPE AT THE AN EVENT LAST SATURDAY.

>> SPEAKER: CAN YOU GO THROUGH AND SEE IF THERE IS ANYTHING THAT HAS AN OUT OF STATE LICENSE PLATE?

>> SPEAKER: I WANTED TO TALK TO ABOUT MY BUT I GUESS WE CAN COME BACK TO THAT. ONE ON JANUARY 19TH WAS AN OUT-OF-STATE. THIS IS ILLINOIS I BELIEVE.

THIS IS EXHIBIT C. I TOOK THAT FOR THE PURPOSE OF SHOWING YOU THAT THEY ARE OUT-OF-STATE TAGS.

CLEARLY AT 1722 BINNEY DRIVE. >> SPEAKER: YOU ARE CONCERNED ABOUT TRAFFIC IN THE AREA BUT YOU ALSO NOTICED THEY WERE DIFFERENT VEHICLES THAT HAD ARRIVED AT 1722 BINNEY DRIVE? THOSE VEHICLES HAD BEEN PART OF THE PATTERN OF UNFAMILIAR VEHICLES ARRIVING AND STAYING AT THE PROPERTY FOR APPROXIMATELY SEVEN DAYS SOMETIMES LESS AND LEAVING.

CORRECT? YOU NEVER SAW ANY OF THE VEHICLES COME BACK AGAIN, CORRECT? IS THERE ANYTHING ELSE THAT I DID NOT ASK YOU THAT YOU THINK IS IMPORTANT FOR THE SPECIAL MAGISTRATE REGARDING PHOTOS OR ANYTHING ELSE RELATING TO THIS SUBJECT MATTER?

>> SPEAKER: NO. I THINK EVERYTHING IS

[01:30:05]

I KNOW WHEN PEOPLE ARE COMING BECAUSE I SEE THAT IT IS BEING CLEANED. YOU JUST NEVER KNOW WHAT YOU'RE

GOING TO COME HOME TO. >> SPEAKER: OKAY.

I DON'T HAVE ANY FURTHER QUESTIONS.

>> SPEAKER: THE PROPERTY NEXT DOOR TO YOU ON THE OTHER SIDE IS THAT A RENTAL, A VACATION RENTAL? TO YOUR KNOWLEDGE AS WELL OR NOT?

>> SPEAKER: WHICH PROPERTY ARE YOU REFERRING TO?

>> SPEAKER: SAID THAT THE CUMMINGS HOUSE IS NEXT DOOR TO

YOURS ON THE OTHER SIDE OF YOU. >> SPEAKER: YES.

THERE IS A COUPLE THERE. THEY HAVE A COUPLE OF DOGS AND

A HANDICAP MOTHER. >> SPEAKER: IS NOT A RENTAL PROPERTY? HOW MANY CARS DO THEY HAVE?

>> SPEAKER: THEY HAVE A COUPLE OF VEHICLES IN THE DRIVEWAY AND I THINK THEY ARE THERE A LOT. I DON'T THINK THEY ARE WORKING.

THEY ARE TAKING CARE OF THEIR HANDICAP MOTHER.

>> SPEAKER: NO FURTHER QUESTIONS.

>> SPEAKER: SPECIAL MAGISTRATE I WANT TO RECALL MS. ARAYES TO TALK ABOUT THE AD THAT WAS POSTED THIS MORNING.

MAY I? >> MAGISTRATE: YES.

>> SPEAKER: THANK YOU. MS. ARAYES YOU TESTIFIED EARLIER THAT THERE IS AN ACT LIVE AIRBNB ADD TO THE SUBJECT PROPERTY. IS THAT CORRECT? WHEN DID YOU CHECK THAT APPROXIMATELY?

>> SPEAKER: I PULLED THIS ADD UP THIS MORNING.

IT IS LIFE. I WOULD LIKE TO CHECK MY SCREENSHOTS FROM YESTERDAY BECAUSE I MAY HAVE PRINTED THEM OUT. I COULD CHECK THE SCREENSHOTS

THAT I TOOK YESTERDAY. >> SPEAKER: WHEN YOU SAID THAT THE AD WAS LIVE IN HE FOUND IT THIS MORNING BECAUSE WE WERE LOOKING AT IT LIFE WE COULD NOT HAVE PREVIOUSLY PROVIDED IT TO

COUNSEL IS THAT CORRECT? >> SPEAKER: THAT'S CORRECT PER THE WEBSITE IS LIVE AND IT CAN CHANGE MOMENT TO MOMENT.

AS IT STANDS AT THIS MOMENT IN TIME THERE ARE FIVE REVIEWS UP.

THIS IS A LIVE AD. >> SPEAKER: ARE YOU ABLE TO TAKE A SCREENSHOT OF THIS AND CAN WE PRINT THIS? SPECIAL MAGISTRATE I WOULD LIKE THE OPPORTUNITY TO PRINT THIS AND MAKE IT PART OF THE RECORD AS CITY NEXT NUMBER EXHIBIT.

I THINK, I CAN'T REMEMBER IF WE ARE ON FIVE OR SIX.

WE ARE ON SIX. >> SPEAKER: WE WOULD ASK THAT

THIS BE ADD SIX AS WE PRINT IT. >> SPEAKER: IT HAS BEEN SAVED.

>> SPEAKER: I HAVE NO FURTHER QUESTIONS AND NO FURTHER

EVIDENCE AT THIS TIME. >> MAGISTRATE: THE ADS WILL BE ADMITTED WITHOUT OBJECTION. WOULD YOU LIKE TO COMMENT ON

THE VIEWS? >> AGAIN YOUR HONOR, THE AD IS THE AD AND I'M NOT DIRECTING TO IT IT JUST HAS NO EVIDENTIARY

VALUE. >> MAGISTRATE: SO NOTED FOR THE RECORD. ANYTHING FURTHER?

>> SPEAKER: NO MA'AM. >> MAGISTRATE: COUNSELOR?

>> SPEAKER: YES, I HAD. >> SPEAKER: YOU CAN SIT DOWN, I APOLOGIZE MISS WILLIAMSON. WE WILL GET THAT FROM YOU.

THANK YOU. >> SPEAKER: THIS IS FROM THE

WITNESS. >> SPEAKER: I MOVE THAT THE DEED I AM SUBMITTING CAN BE SUBMITTED INTO EVIDENCE.

>> MAGISTRATE: THIS IS EXHIBIT 1? IT WILL BE ADMITTED AS SUCH. YOU'RE WELCOME.

ANY FURTHER TESTIMONY OR EVIDENCE?

>> SPEAKER: I DON'T HAVE ANYTHING ELSE YOUR HONOR.

>> MAGISTRATE: OKAY. >> SPEAKER: ARE WE GOING TO

PRESENT A CLOSING ARGUMENT? >> MAGISTRATE: YOU MAY.

[01:35:03]

>> SPEAKER: DO YOU WANT TO GO FIRST?

>> SPEAKER: YOU CAN PROCEED. >> SPEAKER: THANK YOU YOUR HONOR. FIRST OF ALL, THE DEED THAT I PUT IN, IF YOU LOOK AT THE DEED IT SHOWS WHO THE OWNERS OF THE PROPERTY ARE AND THEY ARE NOT THE PEOPLE THAT ARE NAMED IN THE NOTICE OF VIOLATION OR NAMED IN THE NOTICE OF HEARING FOR TODAY. I THINK WE HAVE A LITTLE PROBLEM THERE. THOMAS CUMMINGS IS NOT THE OWNER OF THE PROPERTY. IT IS DAVID T CUMMINGS THAT OWNS THE PROPERTY. THAT IS NUMBER 1. NUMBER 2, I REITERATE AGAIN THE MOTION FOR STAY.

I WOULD LIKE TO REMIND THIS TRIBUNAL THAT A COURT OF LAW AND WHERE AN APPEAL OF THIS PROCEEDING WILL GO HAS ALREADY FOUND THAT THE DEFENDANT, CITY OF FORT PIERCE FLORIDA IS PREEMPTED FROM PROHIBITING VACATION RENTALS OR REGULATING THE DURATION OR FREQUENCY OF RENTAL OR VACATION RENTALS.

THAT BEING SAID, I THOUGHT THAT DURING THE PRESENTATION OF EVIDENCE THE SPECIAL MAGISTRATE ROSS, YOU HIT THE NAIL RIGHT ON THE HEAD. YOU ASKED ONE QUESTION.

YOU ASKED A QUESTION OF MISS HEATHER WHEN SHE WAS TESTIFYING. HE SAID, IS THERE ANY EVIDENCE? ANY MONEY GOING TO THE OWNERS AND THE ANSWER WAS NO.

AND, I LISTENED TO ALL THE DIFFERENT TESTIMONY AND PHOTOGRAPHS AND PICTURES FROM EVERYBODY AND THERE IS JUST NO EVIDENCE WHATSOEVER OF ANYTHING LIKE THAT.

LET ME, AGAIN, GO BACK TO THIS GRIFFIN CASE HERE.

THIS IS AN APPELLATE OPINION AND APPEAL FROM THE CITY OF FORT PIERCE CODE ENFORCEMENT MAGISTRATE.

IN FACT, I DIDN'T REALIZE THAT IT IS ACTUALLY FRAN ROSS IS THE MAGISTRATE AT THAT HEARING. IN REVERSING WHAT THE CIRCUIT COURT SAID AND I THINK IT'S TWO THINGS THAT ARE IMPORTANT.

UMBER ONE IS THAT THE AD, THE ADVERTISEMENT IS EVIDENCE OF ADVERTISING THE PROPERTY AND NOT EVIDENCE OF SUCCESSFULLY RENTING THE PROPERTY AND IN ADDITION IN ORDER TO PROVE THE VIOLATION THAT IS BEING ATTEMPTED TO BE PROVED AGAINST SOMEONE THAT IS NOT EVEN NAMED IN THE NOTICE OF VIOLATION OR NAMED IN THE NOTICE OF HEARING, BY THE WAY, IT SAYS THAT THE CITY MUST PROVE A MEETING OF THE MINDS.

AN ACTUAL ASSENT BOTH PARTIES TO THE FORMATION OF A CONTRACT AGREEING TO THE TERMS AND CONDITIONS AND SUBJECT MATTER.

WE DIDN'T COME CLOSE TO THAT HERE.

WE DIDN'T EVEN COME CLOSE. I GET IT.

THERE ARE CARS THERE. THERE'S DIFFERENT CARS THERE.

BUT, THERE'S BEEN NO EVIDENCE OF ANY LEAST AGREEMENT.

THERE'S BEEN NO EVIDENCE OF A MEETING OF THE MAYANS.

PICTURES DON'T PROVE THAT IT IS A RENTAL.

THE REVIEWS DON'T PROVE THAT IT WAS A RENTAL.

NOTHING HERE PROVED IT WAS A RENTAL.

IT WAS IN LINE WITH WHAT IS IN THE GRIFFIN CASE.

THERE'S NO EVIDENCE OF SUCCESSFULLY RENTING THE PROPERTY AND NO EVIDENCE OF A MEETING OF THE MINDS.

SO THEREFORE, IN LIGHT OF THE FACT THAT THE WRONG PERSON IS NAMED AND THEY HAVEN'T MET THEIR EVIDENTIARY BURDEN I WOULD ASK THAT THE CITATION WELL, I ALREADY ASKED FOR IT TO BE STAYED BUT IF YOU'RE GOING TO STAY IT, NOTWITHSTANDING THE FACT THAT THE CITY IS PREEMPTED FROM DOING THIS BUT I THINK THIS MATER SHOULD BE DISMISSED.

THANK YOU. >> SPEAKER: SPECIAL MAGISTRATE IF I MAY PROCEED THE NOTICE OF VIOLATION WAS ISSUED TO THOMAS CUMMINGS AND SANDRA CUMMINGS WHICH IS PART OF THE CLERK'S FILE FOR THIS CASE. THOSE ARE THE INDIVIDUALS WHO ARE LISTED AS THE OWNERS UNDER THE ST. LUCIE COUNTY PROPERTY

[01:40:05]

>> MAGISTRATE: COUNSEL, YOUR RESPONSE?

>> SPEAKER: SAY IT AGAIN? >> SPEAKER: THE PROPERTY APPRAISER'S WEBSITE INDICATES THE OWNERS OF THE PROPERTY AS 12 Ã5 Ã20 WHICH WAS PRIOR TO THE DAY OF THE VIOLATION BEING

ISSUED. >> SPEAKER: LET ME SEE THAT.

ARE WE CLOSING ARGUMENT BUT WERE GOING TO START PUTTING

EVIDENCE IN. >>> IS THAT WHAT WE ARE DOING?

>> SPEAKER: I AM RESPONDING, SPECIAL MAGISTRATE AS TO WHAT WAS INDICATED. AND, COUNCILS ARGUMENT.

>> SPEAKER: I'M GOING TO OBJECT TO THAT.

IT IS NOT CORRECT. I PUT THE DEED INTO EVIDENCE.

HE DEED SHOWS THE NAME OF THE OWNER.

>> MAGISTRATE: MAY I SEE THAT DOCUMENT, PLEASE?

>> SPEAKER: IT IS PUBLIC RECORD AND THE WITNESSES HAVE.

BLEEP] TESTIFIED THAT NOTICE WAS ISSUED IN HER ACCORDANCE TO

THE CODE LAW PROCEDURE. >> MAGISTRATE: I WON'T ALLOW IT BECAUSE THE EVIDENCE HAS CLOSED.

THERE IS A SPECIAL WARRANT DEED WITH THEIR NAMES ON IT.

>> SPEAKER: I UNDERSTAND BUT LOOK AT THE NAME.

IT IS ON THERE. IT IS DAVID CUMMINGS, NOT

THOMAS CUMMINGS. >> SPEAKER: SPECIAL MAGISTRATE FIRST OF ALL THAT ISSUE WAS RAISED AFTER COUNSEL APPEARED ON BEHALF OF MR. AND MRS. CUMMINGS AND DEFENDED THIS CASE ON THEIR BEHALF. HE NEVER COMPLAINED AS FAR AS THE EFFICIENCY OF THE NOTICE. WE WENT RIGHT INTO THE MERITS.

AGAIN, THIS WAS PRESENTED AS PART OF THEIR CASE IN CHIEF.

HE MADE AN ARGUMENT THAT IS NOT SUPPORTED BY FACT.

I THINK WE ARE NOT FOLLOWING THE STRICT RULES OF FLORIDA EVIDENCE. BUT IN FAIRNESS TO BOTH PARTIES THE CITY SHOULD BE ABLE TO SUBMIT THIS ADDITIONAL INFORMATION BASED ON THE ARGUMENT THAT WAS JUST MADE.

>> MAGISTRATE: AGAIN, THIS IS CLOSING ARGUMENTS.

I WON'T ALLOW IT CONTINUE COUNSEL.

>>> SPEAKER: I WILL SAY THAT THE NOTICE THAT WAS GIVEN IS IN COMPLIANCE OF CHAPTER 132. AS FOR OUR PURPOSE THIS MORNING THAT IS WHAT YOU SHOULD CONSIDER.

THE NOTICE WAS VALID. >> MAGISTRATE: CONTINUE.

>> SPEAKER: BEYOND THAT, THE CASE THAT COUNSEL SITES APPEARS TO BE A CASE WHERE PROBABLY THE ONLY EVIDENCE IS THAT AN AD WAS POSTED. WE HAVE MUCH MORE EVIDENCE THAN THAT. HAVE EVIDENCE THAT AN AD WAS POSTED MULTIPLE TIMES. BETWEEN DECEMBER AND THIS VERY MORNING. YOU HAVE THE PROPERTY BEING OFFERED AT A RATE OF $300 PER NIGHT.

WE HAVE TESTIMONY OF NEIGHBORS INDICATING THAT THERE IS BEHAVIOR CONSISTENT WITH THE AD BEING POSTED.

YOU HAVE TESTIMONY OF ONE NEIGHBORS SAYING THAT MR. CUMMINGS INDICATED TO HIM THAT HE HAD THE PROPER LICENSING WHICH HE DOESN'T. OR, THE PROPER PERMIT WHICH HE DOESN'T TO BE ABLE TO DO A SHORT-TERM RENTAL.

HE DIDN'T DENY IT TO THE WITNESS HE SIMPLY INDICATED HE COULD DO WHATEVER HE WANTED. IT IS THE CITY'S POSITION THAT THERE IS PLENTY OF EVIDENCE FOR YOU TO CONSIDER ABOVE AND BEYOND AND ADD MERELY BEING POSTED.

>> MAGISTRATE: ANYTHING FURTHER?

>> SPEAKER: NO MA'AM. >> MAGISTRATE: COUNSEL?

>> SPEAKER: THIS IS BRIEF REBUTTAL.

[01:45:02]

I WAS NOT HERE FOR THE CHILD BUT THE CASE WAS NOT JUST HERE FOR AN AD HERE THEY BROUGHT IN ACTUAL PEOPLE WHO THEY CLAIMED WERE SHORT-TERM RENTALS. THEY DIDN'T EVEN DO THIS IN THIS CASE HERE TODAY. JUST BROUGHT IN THE NEIGHBORS.

THEY BROUGHT IN A PERSON WHO CLAIMS TO HAVE HER INTO THE PROPERTY OR TRIED TO RENT THE PROPERTY AND THEY SAID THAT WASN'T ENOUGH. THEY SAID YOU HAD TO SHOW AN ACTUAL LEASE AGREEMENT. AGAIN, SPECIAL MAGISTRATE, YOU ASKED ONE QUESTION, IT USED TO BE AND $64,000 QUESTION.

BACK WHEN WE WERE KIDS THAT WAS THE BIG SHOW.

BUT YOU ASKED THE MOST IMPORTANT QUESTION AND YOU GOT THE MOST IMPORTANT ANSWER. HE SAID IS THERE ANY PROOF OF MONEY CHANGING HANDS? THEY SAID NO.

AND SO, AT THE END OF THE DAY, YOU GOT IT RIGHT AND I'M HOPING THAT YOU ARE GOING TO FOLLOW THAT LINE OF REASONING BECAUSE THAT IS THE CORRECT LINE OF REASONING.

>> SPEAKER: SPECIAL MAGISTRATE, BRIEFLY, WHEN YOU MAKE YOUR RULING I ASKED YOU SEPARATE OUT THE TWO COUNTS BECAUSE THE VIOLATION OF THE CONDITIONAL USE AND THERE IS A VIOLATION FOR DOING BUSINESS WITHOUT HAVING A DTR.

THAT IS A SEPARATE ACCOUNT SEPARATE EVIDENCE THAT YOU'RE ALLOWED TO CONSIDER UNDER OUR CODE SECTION 22.7 IN PARTICULAR WITH REGARD TO THE POSTING OF AN ADVERTISEMENT.

SO AGAIN, I WOULD ASK THAT YOU MAKE A CLEAR RULING AS TO EACH COUNT AND AGAIN I DON'T THINK THE BTR WAS PART OF THAT CASE

AT ALL. >> MAGISTRATE: OKAY.

ANYTHING FURTHER? BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I AM GOING TO MAKE SOME FINDINGS BEFORE I ENTER MY RULING. I FIND IT CLEAR ON THE EVIDENCE AND TESTIMONY PRESENTED STARTING WITH THE AD THAT IS STILL LIVE ON THE INTERNET BASED ON THE TESTIMONY FROM THE NEIGHBORS AND PHOTOGRAPHS ADMITTED.

CLEARLY WITH THE PATTERN OF CLEANING EXHIBITED BY THE OWNERS AFTER VISITORS STAYED THERE THREE DAYS OR MORE, THERE WAS A PATTERN OF ALLOWING PEOPLE TO STAY THERE AND THEN THEM CLEANING FOR THE NEXT PERSON.

COUNSEL, YOU YOURSELF SAID THE AD IS THE AD.

NOW, MISS ARAYES READ ITEM SECTION 22.27 AND THAT DOES CONTROL BASED ON THE TESTIMONY AND EVIDENCE.

THERE WERE FIVE REVIEWS. FIVE REVIEWS MENTIONED IN EVIDENCE ON THE EXHIBIT PAGE E DOWN ON THE BOTTOM IT SAID 13 REVIEWS. 13.

THERE WERE FIVE REVIEWS IN TOTAL THAT WE SAW.

THREE WERE MADE IN JANUARY 2021 AND TWO WERE MADE IN FEBRUARY.

OF 2021. THERE WAS ALSO TESTIMONY FROM A NEIGHBOR WHO LIVED ACROSS THE STREET WHO SPOKE WITH THE OWNERS. ABOUT THE TENANTS.

THEY SAID IT WAS THE NEIGHBOR NEXT DOOR.

THIS PROPERTY IS CONNECTED TO THIS PROPERTY IN QUESTION.

THERE'S ABSOLUTELY NO DOUBT IN MY MIND THAT THE COURSE OF CONDUCT WITH REGARDS TO THAT PROPERTY ITSELF DEMONSTRATED THAT THE PROPERTY IS BEING RENTED.

FOR SHORT PERIODS OF TIME. THREE DAYS, SOMETIMES FIVE.

BASED ON THE TESTIMONY AND TOTALITY OF CIRCUMSTANCES OF

[01:50:02]

AND SO, THEY OPERATED AND CONDUCTED SHORT-TERM VACATION RENTALS WITHOUT A CONDITIONAL USE PERMIT AS REQUIRED BY LAW.

THAT IS THE VIOLATION THAT ALREADY OCCURRED AND I BELIEVE THAT THE VIOLATION IS REVERSIBLE AND REPARABLE.

I ORDER AN IMMEDIATE ASSIST INDICES OF SHORT-TERM RENTAL AND A 500 DOLLAR FINE IMPOSED. ALL ADVERTISEMENTS FOR THOSE SHORT-TERM VACATION RENTALS ARE TO BE REMOVED AND PROOF OF CANCELLATION AND PENDING RESERVATIONS BE PROVIDED.

THEY ARE TO IMMEDIATELY OBTAIN THE CONDITIONAL USE PERMIT AND IF THEY FAIL TO DO SO THE UTILITIES WILL BE SHUT OFF.

I HAVE NOTHING FURTHER. IS THERE A.

OF TIME WHEN THE UTILITIES WILL BE CUT OFF IF THEY DON'T

COMPLY? >> SPEAKER: DO YOU MEAN THE BTR SPECIAL IN REGARDS TO THE UTILITIES?

SO, CAN YOU REPEAT THAT? >> MAGISTRATE: THEY NEED A BUSINESS TAX RECEIPT WITHIN 30 DAYS IS THAT POSSIBLE? HOW LONG DOES IT TAKE TO GET IT?

I KNOW IT'S A PROCESS? >> SPEAKER: SPECIAL MAGISTRATE THE SHORT-TERM PERMIT IS ONLY ISSUED ONCE THE PROCESS HAS BEEN COMPLETED. IF YOU WERE TO SUGGEST A TIMEFRAME FOR THE CONDITIONAL USE APPLICATION TO BE SUBMITTED I BELIEVE THAT WOULD START THE PROCESS FOR OBTAINING THE BUSINESS TAX RECEIPT. YOU HAVE TO HAVE THAT TO USE THE BUSINESS TAX RECEIPT. IF YOU ARE LOOKING FOR A LEVEL OF COMPLIANCE THAT WOULD BE FOR THE CONDITIONAL USE TO OBTAIN

THE TAX RECEIPT. >> MAGISTRATE: THAT'S FINE.

I WILL GIVE THEM 30 DAYS TO BEGIN THE PROCESS.

>> SPEAKER: 30 DAYS TO APPLY? THANK YOU MA'AM.

>> MAGISTRATE: 30 DAYS TO APPEAL.

THANK YOU. >> SPEAKER: OKAY.

WE ARE GOING TO APPEAL. I WOULD ASK FIRST OF ALL THAT THIS RULING BE STAYED PENDING THE APPEAL.

>> MAGISTRATE: THIS RULING WILL NOT BE STAYED PENDING THE

APPEAL. >> SPEAKER: I WANT TO ASK THE APPELLATE COURT. I HAD TO ASK YOU 1ST AND YOU HAVE DENIED IT. YOU HAVE THAT ON RECORD.

I WILL DO WHAT I NEED TO DO. >> MAGISTRATE: OKAY.

MADAME CLERK, ANYTHING FURTHER? MADAME CLERK CALL THE NEXT

CASE. >> SPEAKER: I WANT TO CLARIFY ONE THING. THEY HAVE 30 DAYS TO APPLY FOR A CONDITIONAL PERMIT MAC ARE YOU ORDERING IT YOU DON'T DO THAT THEY WILL HAVE THE UTILITY SHUT DOWN? THAT IT IS GOING TO BE IN THE ORDER AS WELL? >MAGISTRATE: DO YOU HAVE A SUMMARY SHEET?

>> SPEAKER: IT IS THE PAGE IN FRONT OF YOU.

THIS INFORMATION IS ACTUALLY NOTICE ON THE VIOLATION THAT WAS SENT BACK IN DECEMBER. IT STATES.

>> SPEAKER: I HAVE A CONCERN. >> MAGISTRATE: TRYING TO CLARIFY THE ROLLING. NOT WHAT IS BEING RECOMMENDED

OR WHATEVER. >> MAGISTRATE: THAT IS THE

RULING SIR. >> SPEAKER: I THINK I AM GETTING THAT NOW. WHATEVER THEY RECOMMENDED IS YOUR RULING. I'VE GOT IT.

>> MAGISTRATE: I AM FOLLOWING THE LAW.

DID YOU WANT TO SAY SOMETHING COUNSELOR?

>> SPEAKER: TYPICALLY WITH REGARDS TO COUNT TWO WHICH IS THE BTR PROCESS SPECIAL MAGISTRATE I BELIEVE IT IS FAIRLY STANDARD TO ORDER SOMEONE WHO IS CONTINUING OPERATIONS TO CEASE OPERATIONS AND OBTAIN A BTR.

WITHIN A CERTAIN AMOUNT OF DAYS.

CONTINUING OPERATIONS WITHOUT A BTR THERE UTILITIES WOULD BE SHUT OFF. I THINK AND I WOULD WANT YOU TO CLARIFY IF THAT IS THE NATURE OF YOUR RULING.

ESSENTIALLY OTHERWISE IT COULD APPEAR THAT YOU ARE ASKING, LET'S SAY THE RESPONDENT'S DECIDE TODAY THAT, YOU HAVE ORDERED THEM TO CEASE AND DESIST BUT NOTWITHSTANDING ANY

[01:55:05]

IF THAT IS THE CASE, I DON'T THINK THERE WOULD BE, I DON'T THINK THAT ENFORCEMENT MECHANISMS SHOULD BE TRIGGERED AS FAR AS THE UTILITIES ARE CONCERNED.

I THINK THAT IS WHEN SOMEONE CONTINUES OPERATIONS AND THEY DON'T CEASE. DO YOU SEE WHAT I'M SAYING? IT IS PUNITIVE IN NATURE AND WHAT IS THE TRIGGER FOR THIS IS THE CONDITIONAL USE APPLICATION PROCESS WHICH WOULD BE UP TO THE APPLICANT IF THEY ARE GOING TO CONTINUE TO USE THE PROPERTY

AS SUCH. >> SPEAKER: MY UNDERSTANDING IS THAT YOU HAVE RULED THAT THEY HAVE 30 DAYS TO APPLY FOR THE

CONDITIONAL USE. >> MAGISTRATE: LET ME REREAD.

I AM READING YOU WHAT I HAVE HERE IN TERMS OF ORDERS.

>> SPEAER: YOUR SPECIFICALLY SAID THAT 30 DAYS.

>> MAGISTRATE: I ORDER AND IMMEDIATE CEASE-AND-DESIST OF SHORT-TERM VACATION RENTALS. AND A FINE EQUAL TO ONE MONTH'S RENT $5000. ALL ADVERTISEMENTS FOR SHORT-TERM VACATION RENTALS ARE TO BE REMOVED AND PROOF OF CANCELLATION PREPAYMENT RESERVATION BE PROVIDED.

>> SPEAKER: I'VE GOT THAT. >> MAGISTRATE: IS THERE SOME

MISUNDERSTANDING ABOUT? >> SPEAKER: THERE'S NO MISUNDERSTANDING ABOUT THAT. WHAT I AM CONCERNED ABOUT IS THE SHUTTING OFF OF THE UTILITIES ON THIS PROPERTY HERE IN MY UNDERSTANDING WAS THAT BASED ON WHAT MISS ARAYES STATES WE CAN'T GET THE BUSINESS TAX WITHIN A CERTAIN AMOUNT OF DAYS. WE HAVE TWO APPLY FOR THE CONDITIONAL USE FIRST. I BELIEVE YOU SAY WE HAVE 30 DAYS TO APPLY FOR THE CONDITIONAL USE.

>> MAGISTRATE: THE RENTALS SHOULD CEASE.

>> SPEAKER: I'VE GOT THAT. WHAT AM I NOT GETTING FROM YOU?

>> SPEAKER: I WANT TO MAKE SURE THAT THESE PEOPLE WHO LIVE IN THE UNITED STATES OF AMERICA ARE NOT GOING TO HAVE THEIR UTILITY SHUT OFF BY THE CITY FOR JUST WHATEVER IT IS THEY

ARE DOING. >> MAGISTRATE: IF THEY DON'T

COMPLY ¦ >> SPEAKER: AS LONG AS YOU SAY WHAT IT IS GOING TO HAPPEN OR IF THEY FAIL TO DO SOME THING YOU ARE GOING TO SHUT THE UTILITIES OFF.

>> MAGISTRATE: THEY WILL BE SUSPENDED, YES.

>> SPEAKER: YOU MEAN IF THEY CONTINUE OPERATIONS WITHOUT THE

PROPER LICENSING? >> MAGISTRATE: EXACTLY.

>> SPEAKER I THINK HAVING SOMEONE HAVE THEIR UTILITIES SHUT OFF BY A GOVERNMENT ENTITY AND WHERE A COURT OF LAW HAS ALREADY SAID THAT THE CITY IS PREEMPTED FROM PROHIBITING VACATION RENTALS FOR REGULATING THE DURATION OR FREQUENCY OF

RENTAL VACATION UNITS. >> MAGISTRATE: COUNSELOR, I HAVE MADE MY RULING. THIS CASE IS OVER.

NEXT CASE MADAME CLERK. >> CLERK: SPECIAL MAGISTRATE I

[F. 20-1591 CE 517 Beach Ct Aliaga, Frederick Reconco, Ethel P. Isaac Saucedo]

OUR CODE OFFICERS ARE BACK. COULD YOU PLEASE READ IN THE CASES THAT DID NOT APPEAR UNDER ITEM 5, WE ARE STILL UNDER A STATE OF EMERGENCY WITH THE STATE AND ANYONE WHO DID NOT SHOW TODAY WE WILL REQUEST A BLANKET CONTINUATION.

>> MAGISTRATE: OKAY. >> CLERK: WE HAVE CASE 20 Ã

[A. 20-2731 CE 346 Fernandina Street Kovich, Michelle Heather Debevec]

[C. 20-1146 CE 2622 Mohawk Avenue Briggs, Sharhonda Heather Debevec]

>> SPEAKER: EXCUSE ME, SORRY. I THOUGHT WE WERE STILL READING THAT ONE INTO CONTINUE IT BECAUSE I SPOKE WITH THOSE

FOLKS THIS MORNING. >> SPEAKER: THIS IS THE

[D. 20-01267 CE 1205 Avenue M Moore, Sam Heather Debevec]

CONTINUATION LIST. >> MAGISTRATE: YES.

>> SPEAKER: THIS IS THE CONTINUATION LIST.

>> CLERK: CASE 20 Ã01267 AVENUE M.

[F. 20-1740 CE 3204 Indiana Court Beauge, Famil J & Marie Marlene Chad Dawson]

[02:00:06]

CASE 20 Ã1740 INDIANA COURT. >> SPEAKER: SPECIAL MAGISTRATE WE ARE ASKING THAT ALL OF THESE BE CONTINUED TO THE HEARING ON

MARCH 17. >> MAGISTRATE: THESE WILL BE CONTINUED. THANK YOU.

MARCH 17? >> SPEAKER: I'M SORRY, APRIL 7.

>> MAGISTRATE: THAT'S WHAT I HAVE, APRIL 7.

>> CLERK: AND WE HAVE TWO CASES FOR R&D.

[B. 20-1145 CE 2622 Mohawk Avenue Briggs, Sharhonda Heather Debevec]

>> SPEAKER: 1145? >> CLERK: AND CASE 20 Ã1677

[E. 20-1677 CE R&D 1122 Hemlock Circle Lexine, Celia Chad Dawson]

HEMLOCK. >> MAGISTRATE: I SEE THAT A VIOLATION DID EXIST AND IT WAS BEFORE THE HEARING.

ADDITIONAL COSTS AND PENALTIES MAY BE ASSESSED.

[E. 20-2293 CE R&D 114 S 17th Street Gordon, Larry Isaac Saucedo]

>> SPEAKER: THERE WAS ONE OTHER R&D SPECIAL MAGISTRATE.

20 Ã2293 114 S. SEVENTH TEAM STREET IF YOU COULD INCLUDE

THAT IN YOUR ORDER, PLEASE. >> MAGISTRATE: THAT WILL BE INCLUDED IN THE ORDER. THANK YOU.

>> SPEAKER: WE ARE GOING TO PRESENT THE OLD BUSINESS THESE ARE CASES THAT HAVE. [BLEEP] BEEN CONTINUED ON TIME SPECIAL MAGISTRATE. I WOULD LIKE TO PRESENT THEM

PTODAY. >> CLERK: WE HAVE CASE 20 Ã10

[A. 20-1058 CE 1400 Binney Drive Phillips, Corliss Heather Debevec]

58 1400 BINNEY DRIVE. >> SPEAKER: THIS WILL BE A

TELEPHONE CALL? >> SPEAKER: I DON'T KNOW NOW.

I THOUGHT SHE WAS HERE EARLIER. >> SPEAKER: NO.

THIS IS A TELEPHONE CALL. >> CLERK: OKAY.

I AM HAVING PROBLEMS WITH THIS.

>> GOOD MORNING. >> SPEAKER: GOOD MORNING, MS. PHILLIPS? I'M SORRY THAT WE ARE LATER THAN EXPECTED. THIS IS PEGGY AND I AM THE RECEIVING CODE ENFORCEMENT. I HAVE YOU ON SPEAKER IN FRONT OF THE SPECIAL MAGISTRATE. BEFORE WE GET STARTED I'M GOING

TO HAVE THE CLERKS WERE YOU IN. >> CLERK: CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD. CAN YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH CANNOT.

>> CALLER: YES. >> CLERK: THANK YOU.

>> SPEAKER: SPECIAL MAGISTRATE THIS IS CASE 20 Ã1058.

THIS IS 1427 DRIVE. THIS IS FOR II PMC 304 Ã2. THEY

[02:05:15]

>> MAGISTRATE: THE PERMIT HAS BEEN CLOSED OUT?

>> SPEAKER: I'M ASSUMING THAT THE WINDOWS HAVE BEEN

INSTALLED? >> SPEAKER: WERE THE PHOTOS PREVIOUSLY SENT TO THE RESPONDENT?

>> SPEAKER: YES MA'AM AND I SENT A FEW PHOTOS THIS MORNING.

>> SPEAKER: DID THEY CLEARLY AND ACCURATELY DEPICT WHAT YOU SAW? WE ENTER THIS AS CITY PHOTO

COMPOSITE ONE. >> MAGISTRATE: YOU MAY

CONTINUE. >> SPEAKER: THAT IS ALL I HAVE

FOR THE MOMENT YOUR HONOR. >> MAGISTRATE: MS. PHILLIPS HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> CALLER: THE ALLEGATIONS. I HAVE BEEN WORKING WITH THE CITY IN REFERENCE TO GETTING THE THINGS DONE TO THE PROPERTY. I HAD ASKED WHEN WE FIRST BEGAN THAT IT WAS A PROCESS. MY PLAN IS TO PLACE THE WINDOWS. FINALLY IT TOOK ALL SUMMER AND WE JUST CLOSE THAT OUT. AS WE SAY MONEY IS A BIG ISSUE.

I HAVE TO FIND CONTRACTORS AND PEOPLE WHO ARE WILLING TO WORK WITH ME ON A PAYMENT SYSTEM. AND, RIGHT NOW THE WINDOWS HAVE CLOSED OUT THE GUY WHO WAS DOING THE WORK INJURED BOTH OF HIS SHOULDERS WHERE HE HAS TO HAVE ROTATOR CUFF SURGERY.

HE CAN'T DO THE WORK ANYMORE AND NOW WE HAVE BEEN LOOKING FOR PEOPLE, CONTRACT DOORS TO COME IN AND FINISH THE JOB.

NOW WE HAVE TO DO A NEW PICTURES THAT YOU SEE WHICH IS THE RESURFACE. THE WINDOWS HAVE BEEN REPLACED BUT I GUESS YOU CAN SEE THE TAPE FROM THE WINDOW INSTALLATION, THE WEATHERING. THE WEATHERPROOF MATERIAL THAT IS ON THE OUTSIDE. THAT IS WHAT SHE SEES TODAY.

THE PICTURES THAT WERE FIRST TAKEN WERE BEFORE THE WINDOWS WERE REPLACED. SO, I DON'T WANT YOU TO THINK THAT I SENT YOU INACCURATE PICTURES BECAUSE IF YOU SEE THE DATES ON THOSE PICTURES THEY HAVE A TIMESTAMP.

THEY SHOULD HAVE A TIMESTAMP ON THOSE DATES.

MY PLAN IS NOW LIKE I TOLD YOU TO FIND A NEW CONTRACT HER TO HELPED ME ON A PAYMENT SYSTEM TO REPLACE THE MISSING ONES OR REPLACE THE WHOLE THING WHICHEVER ONE WILL BE LESS EXPENSIVE. AND THEN WE SHOULD BE DONE.

>> MAGISTRATE: DO YOU HAVE A CONTRACTOR IN MIND WHO COULD

HELP YOU? >> SPEAKER: I SPOKE TO SOMEONE WHO DOES REMODELING. HE'S GOING TO GO OUT TODAY TO GIVE ME A PRICE. I WAS THINKING ABOUT SELLING THE PLACE. IT'S A WHOLE BUNCH OF STUFF MONEY IS AN ISSUE. I'VE DECIDED THAT I'M GOING TO KEEP IT AND KEEP WORKING TO GET IT BEAUTIFIED AND KEEP IT SAFE.

>> MAGISTRATE: HERE'S WHAT I'M GOING TO DO.

I KNOW YOU'VE BEEN HERE A COUPLE OF TIMES.

I WILL GRANT YOU ONE LAST 30 DAY EXTENSION.

ONE LAST. AND IF YOU COME BACK NEXT MONTH YOU'RE GOING TO HAVE TO HAVE A PERMIT OR YOU'RE GOING TO SHOW US THAT YOU'RE DOING SOMETHING BECAUSE THIS IS THE THIRD TIME

THIS HAS BEEN UP. >> SPEAKER: CORRECT SPECIAL MAGISTRATE. THERE WAS AN ACTIVE PERMIT.

I BELIEVE THE ONLY ISSUE NOW IS PAINTING WHICH DOES NOT REQUIRE

A PERMIT. >> MAGISTRATE: I'M GOING TO GIVE YOU ANOTHER 30 DAYS AND HOPEFULLY YOU CAN GET THINGS

DONE. >> CALLER: RIGHT.

MY ISSUE IS IF YOU PAINT SOMETHING THAT IS NOT COMPLETED YOU ARE GOING TO WASTE MONEY. I'M GOING TO WASTE MONEY.

PAINTING DOES NOT FIX THE PROBLEM.

IT'S MORE THAN JUST PAINTING. WISH IT WAS JUST PAINTING.

>> MAGISTRATE: HOLD ON JUST A SECOND.

MISS DEBEVEC HAS SOMETHING TO SAY.

[02:10:02]

>> SPEAKER: YOUR HONOR, I BELIEVE WHAT MS. PHILLIPS IS CONCERNED ABOUT, THERE IS SOME SIDING THAT IS MISSING AND SHE WOULD HAVE TO GET A CONTRACT TO DO THAT BEFORE SHE PAINTS AND BELIEVE THOSE ARE HER CONCERNS AT THE MOMENT.

IT IS POSSIBLE TO EXTEND THE 60 DAYS THAT WILL GIVE HER TIME TO GET WITH A CONTRACTOR TO HAVE THE SIDING REPLACED AND START

THE PAINTING. >> MAGISTRATE: DID YOU HEAR

THAT? >> CALLER: THANK YOU.

>> MAGISTRATE: I WILL GIVE YOU 60 DAYS PER THE REQUEST OF THE

CITY. >> CALLER: OKAY.

DO I HAVE TO GET A SIDING PERMIT? CORRECT? EVEN IF THEY REPLACE THE ONE THAT IS MISSING? OR ARE THEY GOING TO TAKE EVERYTHING DOWN AND PUT IT BACK UP?

>> SPEAKER: THIS IS PEGGY WITH THE CITY.

I WOULD RECOMMEND YOU CALL THEM AND THEY WILL ADVISE YOU WHETHER OR NOT THEY NEED THE PERMIT.

IF IT'S A REPAIR AND IT IS SMALL AS A POSSIBILITY YOU MIGHT NOT NEED ONE BUT ALWAYS ASK FIRST.

>> CALLER: THANK YOU EVERYONE. I APPRECIATE IT, I REALLY DO.

>> MAGISTRATE: GOOD LUCK. >> CALLER: GOD BLESS AND STAY SAFE. IS IT OKAY FOR ME TO HANG UP?

>> SPEAKER: AS YOU CAN MA'AM. THANK YOU.

>> MAGISTRATE: MADAME CLERK AND YOU ARE READY.

[C. 20-1816 CE 3103 Hibiscus Avenue Singletary, Willie D & Gwendolyn L Chad Dawson]

>> CLERK: THE NEXT CASE IS 20 Ã 18 16 3103 HIBISCUS AVENUE

SI. >> MAGISTRATE: WHEN YOU ARE

READY MR. DAWSON. >> SPEAKER: HAS TO BE SWORN.

>> CLERK: RAISED HER RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> SPEAKER: I DO. >> MAGISTRATE: WHEN YOU ARE

READY. >> SPEAKER: THIS IS CASE NUMBER 20 Ã1816 3103 HIBISCUS AVENUE. THIS IS THE SECOND READ IN.

HE PROPERTY STARTED AUGUST 11 2020.

THE PROPERTY WAS CITED FOR SECTION 14 Ã19, 24 Ã20, 24 Ã 21 SUBSECTION 4. NUISANCE AS AN OBJECT PARKING ON OTHER THAN PAVEMENT. FOUND VIOLATION BE EVEN FIVE DAYS TO COMPLY OR FINE OF $50 PER DAY TO BE ASSESSED.

I DO HAVE PHOTOS TO SUBMIT. >> SPEAKER: WE WILL TAKE THE PHOTOS. DID YOU TAKE THE PHOTOS? DID THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> SPEAKER: YES MA'AM THEY DID. >> SPEAKER: THANK YOU.

WHEN YOU SAY THIS IS THE SECOND READING THAT THIS CASE WAS PREVIOUSLY CALLED AND NOTICE WAS GIVEN IS THIS CORRECT? AND THE RESPONDENT WAS NOTICED AGAIN FOR FAILURE TO APPEAR?

IS THAT CORRECT? >> MAGISTRATE: ALL RIGHT.

I FIND THAT THE VIOLATORS WERE NOTIFIED OF THIS HEARING THAT THEY ARE NOT HERE AND NEITHER IS A REPRESENTATIVE ON THEIR BEHALF. I FIND THAT A VIOLATION EXISTS.

AT 3103 HIBISCUS AVENUE AND THAT WILLIE AND GWENDOLYN INGLETARY ARE IN VIOLATION. THEY ARE REFRAIN FROM PARKING THEIR VEHICLE ON THE GRASS AND FRONT YARD.

IF THEY DO NOT COMPLY WITH THIS FOR 5 DAYS THEY WILL BE FINED $50 PER DAY UNTIL THE MATTER HAS BEEN CURED.

[D. 20-1919 CE 604 Dark Hammock Road Resendez, Charles & Tracey Chad Dawson]

>> SPEAKER: THANK YOU. >> MAGISTRATE: YOU'RE WELCOME.

>> CLERK: THE NEXT CASE IS 20 Ã 1919 DARK HAMMOCK ROAD.

>> SPEAKER: THIS IS CASE 20 Ã 1919 604 DARK HAMMOCK ROAD.

THE CASE WAS INITIATED SEPTEMBER 2 2020.

THE PROPERTY IS OWNED BY CHARLES AND TRACY RESENDEZ.

THE PROPERTY WAS CITED FOR SECTION 125 Ã322 SUBSECTION C, SUBSECTION ONE AND SUBSECTION 2. FENCE, WALLS AND HEDGES HEIGHT RESTRICTIONS. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS.

THEY BE GIVEN FIVE DAYS TO COMPLY OR $50 PER DAY TO BE ASSESSED. DO HAVE NOTICE TO SUBMIT.

>> SPEAKER: DID YOU TAKE THE PHOTOS?

>> SPEAKER: I DID YES MA'AM. >> SPEAKER: DO THEY CLEARLY AND ACCURATELY PORTRAY WHAT YOU SAW?

>> SPEAKER: YES MA'AM. >> SPEAKER: YOU NOTED PREVIOUSLY THIS WAS A RECALL DID YOU?

[02:15:07]

>> SPEAKER: YES MA'AM. THE FIRST HEARING THEY RECEIVED NOTICE AND NO ONE SHOWED THAT THEY RECEIVED NOTICE AGAIN FOR THE SECOND HEARING AND NO ONE IS HERE.

>> MAGISTRATE: I FIND THAT THE PARTIES ARE PROPERLY NOTIFIED AND THEY ARE NOT HERE AND NEITHER IS A REPRESENTATIVE ON THEIR BEHALF. I FIND THAT A VIOLATION EXISTS AT 604 DARK HAMMOND ROAD AND CHARLES AND TRACY RESENDEZ ARE THEY RESPONSIBLE PARTY. THEY ARE TO TRIM ALL HEDGES TO THE MAXIMUM HEIGHT OF FOUR FEET.

THEY HAVE FIVE DAYS TO COMPLY OR A FINE OF $50 PER DAY WILL

BE ASSESSED IN THIS MATTER. >> SPEAKER: THANK YOU YOUR

HONOR. >> MAGISTRATE: YOU ARE WELCOME.

[G. 20-2183 CE 1104 Mayflower Rd Justin, Lareste Isaac Saucedo]

>> CLERK: THE NEXT CASE IS 20 Ã 2183 1104 MAYFLOWER ROAD.

JUSTIN AND ISAAC, I NEED TO SWEAR YOU IN.

PLEASE STATE YOUR NAME FOR THE RECORD.

>> SPEAKER: ISAAC SALCIDO. >> CLERK: DO YOU SWEAR THAT YOUR TESTIMONY IS THE TRUTH? THANK YOU.

>> SPEAKER: THANK YOU SPECIAL MAGISTRATE.

THIS IS CASE NUMBER 20 ÃANYONE 83 1104 MAYFLOWER ROAD.

THERE WAS A PREVIOUS HEARING SCHEDULED FOR FEBRUARY 3 2021.

THE OWNER IS JUSTIN LARESTE. VIOLATIONS ARE 304.2 PROTECTIVE TREATMENT. THE VIOLATOR SHOULD BE GIVEN 10 DAYS TO COMPLY OR FINE OF ONE OF $50 PER DAY TO BE ASSESSED.

WE DO HAVE PHOTOS IF YOU WOULD LIKE TO TAKE A LOOK.

>> SPEAKER: THANK YOU, DID YOU TAKE THE PHOTOS? DO THEY ACCURATELY DEPICT WHAT YOU SAW?

>> SPEAKER: THEY DO. >> MAGISTRATE: ANYTHING

FURTHER? >> SPEAKER: NO.

>> MAGISTRATE: I FIND THAT THE PARTIES, JUSTIN LARESTE? HAS BEEN NOTIFIED OF TODAY'S HEARING AND 2ND READING OF THE CASE HAS NOT BEEN PRESENT OR IS A REPRESENTATIVE.

A VIOLATION EXISTS AT 1104 MAYFLOWER ROAD.

I GIVE HIM 10 DAYS TO COMPLY OR A FINE OF $150 PER DAY WILL ASSIST. NEXT CASE WHEN YOU'RE READY?

[H. 20-2177 CE 1103 Mayflower Rd Savage, Cliff Isaac Saucedo]

>> CLERK: THE NEXT CASE IS 20 Ã 20 177 1103 MAYFLOWER ROAD.

SAVAGE. IN.

>> SPEAKER: THIS CASE WAS PREVIOUSLY PRESENTED FROM THE SPECIAL MAGISTRATE FEBRUARY 3 OF 2021.

THE OWNER IS CLIFF SAVAGE PO BOX FORT PIERCE FLORIDA.

VIOLATIONS ARE SECTION 24 Ã19, 24 Ã20 AND 24 Ã21.

AND 123 Ã37. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS AND DILATOR WILL BE GIVEN 10 DAYS TO COMPLY OR FINE OF 150 DAYS PER DAY TO

BE ASSESSED. >> SPEAKER: DID YOU TAKE THESE

PHOTOS? >> SPEAKER: YES I DID.

>> MAGISTRATE: ANYTHING FURTHER?

>> SPEAKER: NO MA'AM. THESE WILL BE ADMITTED AS CITY COMPOSITE ONE. BASED ON THE TESTIMONY PROVIDED I FIND THAT CLIFF SAVAGE WAS NOTIFIED OF TODAY'S HEARING AND NEITHER IS A REPRESENTATIVE ON HIS BEHALF.

I FIND THAT HE IS IN VIOLATION OF NUISANCE OF A STORAGE AND LANDSCAPE MAINTENANCE. I WILL GIVE HIM 10 DAYS TO COME INTO COMPLIANCE OR FIND HIM ONE OF $50 PER DAY TO BE ASSESSED

AND HE HAS 10 DAYS TO APPEAL. >> SPEAKER: THANK YOU SPECIAL

MAGISTRATE. >> MAGISTRATE: YOU ARE WELCOME.

[I. 20-1956 CE 2009 S US Highway 1 Morris Satnick FP Assoc LLC Heather Debevec]

>> CLERK: OUR LAST CASE IS 20 Ã 1956 2009 S. HIGHWAY US1 AND IT

IS MORRIS AND ASSOCIATES LLC. >> SPEAKER: SPECIAL MAGISTRATE, THIS MATTER WAS ACTUALLY PRESENTED TO THE CITY COMMISSION FOR A REDEVELOPMENT PLAN ON MONDAY NIGHT.

DURING THAT DISCUSSION HE INDICATED THAT HE HAD NOT HAD THE OPPORTUNITY TO FINISH THE PAINTING AND WAS GOING TO BE REQUESTING A CONTINUATION UNTIL PJUNE.

THE COMMISSION DID NOT SEEM OPPOSED TO THAT.

STAFF IT IS GOING TO REQUEST A CONTINUATION UNTIL JUNE GOOD.

[02:20:02]

>> MAGISTRATE: WE WILL DO THAT IN THIS MATTER WILL BE

[A. 20-2499 CT Jaycee Park Blackmon, Sharevia Heather Debevec]

CONTINUED IN JUNE. >> SPEAKER: ONE LAST ITEM WHEN WE LISTED THE CURRENT CASES THAT DID NOT APPEAR TODAY WE FORGOT THE CITATION SO IF WE CAN ADD THAT TO THE

CONTINUATION LIST 24 Ã29. >> MAGISTRATE: THAT WILL BE

CONTINUED AS WELL. >> SPEAKER: THAT IT IS GOING TO

BE JUNE 22. >> MAGISTRATE: ANYTHING

FURTHER? >> SPEAKER: YES MA'AM.

TONYA DO YOU WANT TO DO YOUR THING AND THEN I WILL DO MY

MAC. >> SPEAKER: I WANT TO ASK THAT WE PUT ON THE RECORD THAT THE PINDIVIDUALS WHO FAILED TO

APPEAR TODAY HAD BEEN NOTICE. >> CLERK: PER STATE STATUE A NOTICE OF HEARING WAS SENT TO THE VIOLATORS BY CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE.

IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT WITH THE MAIL NOTICE ENCLOSED IS SENT TO THE DILATOR VIA REGULAR U.S. STEEL. 10 DAYS PRIOR TO THE HEARING A NOTICE OF THE HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL. A NOTICE OF THE HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT FOR 10 DAYS BEFORE THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED.OR CASES NOT MANDATED BY STATE STATUTES MAILING OF THE HEARING ARE SENT OUT IN THE MATTER STATED PRIOR. IF THE GREEN CARD IS RETURNED UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF HEARING AIN'T NOTICE OF THE HEARING IS POSTED ON THE BULLETIN BOARD IN CITY

HALL. >> SPEAKER: SPECIAL MAGISTRATE WE HAVE ONE LESS ITEM. THIS IS COLLEEN'S LAST HEARING.

THIS WILL BE HER LAST. OF COURSE WE HAD A MARATHON HEARING. THIS WILL BE HER LAST SET OF ORDERS AND THE LAST SET OF MINUTES.

YOU GAVE HER A CHALLENGE. [LAUGHTER] WE WANT TO GO ON THE RECORD AND THINK COLLEEN FOR HER YEARS OF SERVICE AND WE ARE GOING TO MISS HER.

>> MAGISTRATE: WE ARE GOING TO MISS YOU COLLEEN AND I

CERTAINLY WILL. >> SPEAKER: THANK

* This transcript was compiled from uncorrected Closed Captioning.