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[1. CALL TO ORDER]

[00:00:07]

>> I'M THE SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARING. YOU'RE HERE BECAUSE YOU RECEIVED NOTICE THAT YOUR PROPERTY WAS POSSIBLE ANY VIOLATION OF A PARTICULAR CITY BILLING ORDINANCE AND YOU GET A CERTAIN AMOUNT OF TIME TO CORRECT THAT. FOR THOSE OF YOU WHO HAVE NOT DONE SO AND WISH TO BE HEARD I'LL CALL YOUR CASES SHORTLY.

DOES ANYBODY HERE NEED AN INTERPRETER? NEXT POINT, EVERYTHING IS BEING RECORDED LIVE SO IF SOMEBODY SAID I SAW YOU ON TV THIS MORNING THEY WAS PROBABLY WATCHING FORT PIERCE LOCAL STATION.

NOW IF YOU DON'T MIND PLEASE JOIN ME 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 AND LIBERTY AND

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

JUSTICE FOR ALL. OFFICERS STAND.

EVERYBODY STAND AND BE SWORN. >> EVERYONE WHO IS GOING TO TESTIFY PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR FROM THE TESTIMONY THAT YOU'LL GIVE TODAY WILL BE

THE TRUTH? >> YES.

>> THANK YOU. >> ALL RIGHT.

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

MADAM CLERK, WE HAVE CASES THAT ARE IN COMPLIANCE RESCHEDULED?

>> NO, THEY AREN'T THE THEY WERE TAKEN OFF THE AGENDA.

>> ALL RIGHT. THEN WE'RE READY TO PROCEED.

[E. 20-2677 526 Avenue A Rast Properties Inc. Frank Remling Logan Winn]

>> OK. OUR FIRST CASE TODAY WILL BE 5-E CASE 20-2677. 526 AVENUE A, RAST PROPERTIES

INC. THE IS OWNER. >> GOOD MORNING.

>> YOU'RE READY. >> SPECIAL MAGISTRATE, MAY I INQUIRE? GOOD MORNING.

>> GOOD MORNING. >> I KNOW YOU WERE PREVIOUSLY SWORN BUT CAN YOU PLEASE STATE YOUR NAME AND OCCUPATION FOR THE

RECORD? >> EDWARD SMITH.

ELECTRICAL INSPECTOR FOR THE CITY OF FORT PIERCE.

>> OK. >> WERE YOU INITIALLY ASSIGNED TO WORK ON CASE NUMBER 20-267? YES.

>> AND WAS THIS IN NOVEMBER OF 2020?

>> YES. >> OK.

>> WERE YOU THE FIRST PERSON TO WORK ON THAT CASE NUMBER.

>> YES. >> CAN YOU TELL THE SPECIAL MAGISTRATE HOW YOU GOT INVOLVED IN THAT PARTICULAR

INVESTIGATION? >> I NOTICED THAT WORK WAS BEING DONE THERE AND I CHECKED THE SYSTEM TO SEE IF ANY PERMITS

WERE ISSUED. >> HOLD ON.

I'M GOING TO INTERRUPT YOU. >> WHEN YOU SAY THERE ARE YOU REFERRING TO 526 AVENUE A IN THE STIFF FORT PIERCE?

>> YES. >> OK, SO YOU NOTICED WORK WAS BEING DONE AND YOU CHECKED TO SEE WHETHER OR NOT THERE WERE

ANY PERMITS. >> YES WHAT KIND OF WORK DID YOU

NOTICE BEING DONE? >> DRY WALL, FRAMING, ELECTRICAL

INSIDE THE BUILDING. >> DID YOU GO INSIDE THE

BUILDING? >> I SAW THE WORKER THERE, AND I APPROACHED HIM TO FIND OUT IF HE WAS ACTUALLY A LICENSED CONTRACTOR AND IF HE WAS DOING WORK WITHOUT A PERMIT.

AND INVITED ME IN TO SHOW ME WHAT HE WAS DOING BECAUSE HE DIDN'T BELIEVE HE NEEDED A PERMIT FOR DRY WALL.

>> OK. SO DID YOU GO IN PURSUANT TO HIS

INVITATION? >> YES.

>> OK. ONCE YOU WERE INSIDE THE BUILDING, DID YOU HAVE AN OPPORTUNITY TO OBSERVE WHETHER OR NOT THERE APPEARED TO BE WORK ONGOING?

>> YES. I NOTICED THAT THERE WAS, YOU KNOW, EXTENSIVE AMOUNT OF WORK BEING DONE AT THE TIME.

>> OK. WHEN YOU SAY "EXTENSIVE," WHAT

ARE YOU REFERRING TO? >> FRAMING WALL, DRY WALL.

YOU KNOW, THEY DIDN'T QUITEISH THE DRY WALL SO I WAS ABLE TO SEE NEW ELECTRICAL WIRES HAD BEEN RAN IN THE WALL.

WHEN I QUESTIONED HIM ABOUT IT, HE SAID HE DIDN'T KNOW ANYTHING

ABOUT THAT. >> OK.

AND ALL OF THE WORK YOU THAT OBSERVED, DID THAT REQUIRE

PERMITING? >> YES.

>> OK DID. YOU TAKE PHOTOGRAPHS?

>> YES. >> SO DID THOSE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> YES. >> CAN YOU SHOW THEM -- I BELIEVE IT'S -- I BELIEVE IT'S MR. TARR WHO IS PRESENT THIS MORNING. CAN YOU SHOW THEM TO MR. TARR PLEASE? WHEREVER YOU'RE COMFORTABLE, SIR. MR. SMITH CAN BRING THE PHOTOS

TO YOU. >> ALL RIGHT, THANK YOU.

[00:05:27]

>> SO AT THIS TIME WE WOULD MOVE THE PHOTOS IN AS CITIES ONE

COMPOSITE. >> IT WOULD BE ADMITTED AS SUCH.

>> THAT'S FINE, SIR. SO SPECIAL MAGISTRATE THE FRACHES ARE LABELED WITHIN NDIVIDUAL LETTERS.

THE EXHIBIT THE WAY IT IS RIGHT NOW IS A LITTLE OUT OF ORDER.

THEY ARE IN PROPER ORDER YOU ON THE SCREEN.

SO THE PHOTOS UP ON THE SCREEN, ARE THEY THE SAME PHOTOGRAPHS THAT WERE HANDED IN THE PAPERWORK TO THE SPECIAL

MAGISTRATE? >> YES.

>> CAN YOU WALK US THROUGH ANY ITEMS OF INTEREST WITH REGARD IT

YOUR OBSERVATIONS ON THAT DAY. >> WELL AS I WALKED IN, THIS WAS I BELIEVE THE FIRST PICTURE THAT I TOOK, WHICH THE FRAMING AND DRY WALL OF TWO OFFICES THIS WAS ONE WALL THAT WAS COMPLETE AND I KNEW IT WAS NEW BECAUSE IT HAD NEW WOOD AND NEW ELECTRICAL STICKING OUT OF THE WALL. I BELIEVE IT WAS LIKE AN AC CLOSET OR SOMETHING THEY HAD FRAMED OVER TO HIDE AND CONCEAL THE EXISTING AC UNIT THAT WAS IN ON THE PROPERTY.

THESE ELECTRICAL WIRES I JUST KNEW -- SHOWING THE NEW DRY WAUSHLTION THE BATHROOM THAT WERE EXISTING BUT THEY BRANCHED OFF THE BATHROOMS WITH NEW OFFICES.

THAT'S JUST CONSTRUCTION G SHOWS YOU KNOW, THE CONCRETE AND SO ON. THIS CONSTRUCTION DEBRIS AND THEN THERE WAS SOME UNAUTHORIZED WIRING INSIDE -- WELL ON -- ON -- OUT OF COLD, I SHOULD SAY. WIRE THAT WAS NOT UP TO CODE INSIDE THAT DROP CEILING OF THE UNIT, WHICH IS H.

AND THEN THIS SHOWS A COMPLETE ROOM WITH THE WINDOW IN IT.

>> ARE YOU REFERRING TO EXHIBIT I?

>> YEAH, I SHOWS THE DRY WALL HAD BEEN COMPLETED AND WAS PRETTY MUCH READY TO CONTINUES AND THIS WAS THE MATERIAL ROOM.

I GUESS HE USED IT AS STORAGE BUT IT SHOWS ELECTRICAL WIRING SO ON AND SO FORTH. THIS WAS A WALL THAT THEY HAD FRAMED THEN. I GUESS PUT A WINDOW, OR MAYBE HE WAS RESTUCCOING. I'M NOT SURE BUT IT HAD WIRE MESH ON IT, SHOWING THERE WAS GOING TO BE SIGNS OF STUCCO BEING DONE. THEN IS A BACK AREA THAT HAD NOT BEEN WORKED ON, AS OF YET. BUT NOT SURE IF THE FRAMING WAS NEW ON THAT ONE. BUT THIS ONE HERE IS WHERE THE PICTURE 8. THIS WAS THE BACK WALL OF PICTURE EIGHT WHERE THE ELECTRICAL SHOWED THE INSIDE OF THE WALL WITH THE NEW FRAMING. SAME AREA IN THE BACK AREA THAT

HADN'T BEEN TOUCHED YET. >> AT THE TIME DID YOU THE TOUR OF THE PROPERTY DID YOU KNOW WHO WAS THE OWNER OR THE REGISTERED

AGENT? >> NO.

>> AT SOME POINT DID YOU HAND OVER THIS INVESTIGATION TO

SOMEBODY ELSE? >> YES.

>> AT WHAT POINT DID YOU DO THAT AND WHY?

>> I DID IT THE SAME DAY BECAUSE I DIDN'T KNOW WHO OWNED THE BUILDING AND THE CASE HAD BEEN INITIATED.

SO IT HAD ALREADY STARTED, SO I HAD TO PASS IT OFF TO ONE OF MY COWORKERS, WHO WAS FRANK REMLING TO CONTINUE THE CASE.

>> WAS THAT BECAUSE YOU HAD SOME SORT OF PREVIOUS --

>> LET ME FINISH THE QUESTION. SORRY.

YOU DON'T HAVE TO GET INTO DETAIL BUT YOU HAD SOME SORT OF PREVIOUS BUSINESS RELATIONSHIP WITH THE OWNER?

>> YES. >> CORRECT?

ED THAT'S WHY YOU PASSED IT OFF? >> YES.

>> SO YOU DID NOT ISSUE A STOP WORK ORDER IN THIS CASE?

[00:10:03]

>> NO. >> OK.

DID YOU NOT ISSUE ANY NOTICE OF VIOLATION IN THIS CASE?

>> NO. >> OK.

>> AFTER YOU CONTACTED YOUR COWORKERS DID YOU HAVE ANY FURTHER INVOLVEMENT IN THIS CASE?

>> NO. >> I DO HAVE A QUESTION THE DATE STAMP ON THE PHOTOGRAPHS IS OCTOBER 30TH.

DO YOU KNOW WHY THAT IS? >> OCTOBER 30TH?

>> IF YOU LOOK ON THE SCREEN. >> THAT'S THE DATE IT MUST HAVE BEEN TAKEN. I'M NOT SURE.

I BELIEVE IT WAS SOMEWHERE -- I BELIEVE IT WAS LAST YEAR THAT

THIS HAPPENED. >> OK.

I'M ASKING BECAUSE THE DATE ON OUR AGENDA INDICATES NOVEMBER.

SO IS IT POSSIBLE THAT YOU WENT OUT THERE IN LATE OCTOBER AND THAT THE CASE WAS FURTHER INVESTIGATED IN NOVEMBER?

>> THE CASE WASN'T INITIATED UNTIL MR. REMLING PUT THE STOP WORK ORDER ON THE BUILDING AND HE COULDN'T GET OVER THERE UNTIL THAT DATE OF SOMETIME IN NOVEMBER.

SO IT WAS A COUPLE OF DAYS. HE WAS TRYING TO CATCH THE GUY OVER THERE WHO WAS WORKING, BUT I BELIEVE THE GUY KIND OF GOT SPOOKED AND DIDN'T WANT TO GO BACK.

>> SO I DON'T SPECULATE, PLEASE. -- SO DON'T SPECULATE, PLEASE.

SO I WANT TO BRING IT BACK TO THE POINT MAYBE THE CASE HAD BEEN FORMALLY INITIATED. YOU WERE THE FIRST PERSON TO ENTER THE PROPERTY AND NOTICE THERE WERE VIOLATIONS.

>> YES. >> ONCE YOU REALIZED THERE WAS A POTENTIAL CONFLICT, YOU TURNED IT OVER TO MR. REMLING, CORRECT?

>> YES. >> ALL RIGHT.

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

>> ALL RIGHT, THANK YOU. -- WITNESS.

>> CROSS? YOU WANT TO KEEP PRESENTING WITH

MR. REMLING. >> I'LL KEEP GOING.

OK. SO I'LL LET YOU HAVE A CHANCE TO HAVE A SEAT. CAN YOU STATE YOUR FULL NAME AND

OCCUPATION, PLEASE? >> FRANK REMLING I WORK WITH THE CITY OF FORT PIERCE AS A BUILDING INSPECTOR.

>> WERE YOU PREVIOUSLY SWORN THIS MORNING?

>> YES, MA'AM. >> OK.

WERE YOU ASSIGNED TO WORK ON THE CASE?

>> EXCUSE ME, SIR, YOU DON'T HAVE TO TAKE THAT OUTSIDE.

>> MAY I PROCEED? >> SORRY, YES.

GO AHEAD. >> THAT'S OK.

ARE WERE YOU ASSIGNED TO WORK ON CASE NUMBER 20-2677.

>> YES, MA'AM. >> WERE YOU THE ONE WHO INITIALED THE INITIAL STOP WORK THIS CASE.

PRIOR CONTINUE TO ISHLING THE STOP WORK ORDER IN THIS CASE DID YOU HAVE AN OPPORTUNITY TO REVIEW THE PHOTOGRAPHS TAKEN BY

MR. SMITH? >> YES, MA'AM.

>> OK. BASED ON YOUR REVIEW OF THE PHOTOGRAPHS TAKEN BY MR. SMITH, DID YOU COME TO THE CONCLUSION INDEPENDENTLY THAT A STOP WORK ORDER WAS APPROPRIATE?

>> ABSOLUTELY. >> AND WHY IS THAT?

>> BECAUSE OF THE WORK THAT WAS DONE TO THE WORK AND BE LOOKING AT THE PICTURES MR. SMITH SHOWED ME, AND ALL THE WORK BEING DONE INSIDE WHEN THE PICTURES OF ELECTRICAL TO THE DRY WALL, TO

ALL OF THE ABOVE. >> SO DID YOU OBSERVE BY LOOKING AT THE PHOTOGRAPHS, DID YOU OBSERVE INTERIOR DEMO?

>> YES, MA'AM. >> DID YOU OBSERVE ANY PLUMBING?

>> YES, MA'AM. THERE WAS PLUMBING THERE ON SOME

OF THE PICTURES, YES. >> DID YOU OBSERVE FRAMING?

>> YES. >> DID YOU OBSERVE NEW ELECTRIC?

>> YES. >> OK.

AND AFTER ISSUING THE STOP WORK ORDER, WAS THERE ANYTHING FURTHER DID YOU AS FAR AS YOUR INVESTIGATION?

>> NO. JUST REPORTED BACK TO THE

BUILDING DEPARTMENT. >> OK.

WAS THERE A TIME WHEN SOMEONE ELSE FROM THE BUILDING DEPARTMENT WENT OUT TO INVESTIGATE THE SAME PROPERTY?

>> AFTER ME? >> YES, SIR.

>> YES. >> OK.

I HAVE NO FURTHER QUESTIONS FOR THIS WITNESS.

AND SO NEXT, I WOULD ASK MR. WINN.

SO WERE YOU PREVIOUSLY SWORN? >> YES, MA'AM.

>> PLEASE STATE YOUR FULL NAME FOR THE RECORD AND YOUR

OCCUPATION. >> LOGAN WINN INSPECTOR FOR THE

CITY OF WORKERS. >> OK.

DID YOU GO OUT TO INSPECT THE PROPERTY LOCATED AT 526 AVENUE

A? >> YES, MA'AM.

>> OK. WHATS THE SCOPE OF YOUR INSPECTION OF THIS PARTICULAR PROPERTY?

>> THERE WAS STUCCO WORK BEING DONE TO THE GARAGE DOOR OPENING ON THE NORTH SIDE OF THE STRUCTURE OF THE GARAGE DOOR OPENING. I ASKED THE GENTLEMAN IF THEY HAD PERMITS ON SITE FOR THE WORK THAT WAS BEING DONE.

[00:15:03]

THEY TOLD ME THEY DID NOT AND THEY TOLD ME THE BOSS WOULD BE

GOING THERE SHORTLY. >> OK, WAS THAT STUCCO WORK OF NATURE THIS WOULD REQUIRE A PERMIT? NO PERMIT HAD BEEN OBTAINED? OK.

DID YOU ISSUE A STOP WORK SNORD. >> YES, I DID.

>> DID YOU TAKE ANY PHOTOGRAPHS? >> YES, MA'AM.

>> OK. DID THEY FAIRLY AND ACCURATELY

DEPICT WHAT YOU SAW? >> YES, MA'AM.

>> CAN YOU PLEASE SHOW THEM TO MR. TARP? -- TARR? AT THIS TIME WE WOULD MOVE THE PHOTOGRAPHS IN AS ESSAY 2 COMPOSITE.

>> IT WILL BE ADMITTED AS SUCH. >> THANK YOU.

SO MR. WINN, THE PHOTOGRAPHS UP ON THE SCREEN, ARE THEY THE SAME PHOTOGRAPHS ON THE PAPER I JUST HANDED TO THE SPECIAL

MAGISTRATE? >> YES, MA'AM, THEY ARE.

>> OK IS, THERE ANYTHING YOU WANT TO SAY ABOUT THEM?

>> IN THE ONE PHOTOGRAPH WITH THE LADDER YOU CAN SEE AFTER THE BUILDING IS STUCCOED AROUND THE GARAGE DOOR OPENING AND THE

OTHER HALF IS PRIMED. >> IS THAT EXHIBIT R?

SORRY TO INTERRUPT. >> YES, MA'AM, THAT IS.

>> PLEASE CONTINUE. >> ONE HALF IS PRIMED.

ONE HALF IS ALREADY STUCCO. THEY ARE ACTUALLY IN PROGRESS OF WORKING WITH THE SCAFFOLD AND EVERYTHING WHEN I ARRIVED ON

SITE. >> OK THE PICTURE IS A PICTURE OF THE STOP WORK ORDER I POSTED ON THE BUILDING.

>> OK. AGAIN, AFTER DOING THAT, DID YOU

DO ANYTHING FURTHER? >> NO.

>> DID YOU KNOW IF WORK CONTINUED AFTER THE STOP WORK ORDER AS ANY OF THE STOP WORK ORDERS?

>> WHEN I CONTACTED THE WORKERS OVER THERE THEY KIND OF PACKED

UP AND THEY WERE LEAVING. >> OK, OK.

ALL RIGHT. SPECIAL MAGISTRATE, I WOULD JUST INQUIRE OF MR. COST. WERE YOU PREVIOUSLY SWORN.

>> YES MA'AM. >> STATE YOUR NAME AND OK

MISSION. >> SHAU COSS BUILDING

COORDINATOR. >> WHAT WAS THE STATUS WITH THIS

PARTICULAR PROPERTY. >> NO PERMITS HAVE BEEN APPLIED

FOR AS OF TODAY. >> IS THERE ANYTHING ELSE THAT YOU WANTED THE SPECIAL MAGISTRATE TO KNOW REGARDING THE

CASE OR ANYTHING I DIDN'T ASK? >> NOT AT THIS TIME, THANK YOU.

>> OK. SO SPECIAL MAGISTRATE, I DON'T HAVE ANY FURTHER EVIDENCE TO PRESENT AT THIS TIME.

I WOULD OWE ASKED TO REEVERYBODY SOME TIME FOR REBUTTAL IF

NECESSARY. >> OK.

>> THANK YOU, MA'AM. >> MR. TARR? AND YOU WANTED TO RELY ON NEEDS PHOTOGRAPHS.

YOU CAN TAKE THEM. >> PLEASE, THANK YOU.

I HAVE SOME HERE. >> YOU CAN SPEAK DIRECTLY TO HER. WHAT IS IT THAT YOU HAVE?

[INAUDIBLE] >> OWE CASE, YOU NEED TO SHOW --

>> THANK YOU. >> STATE YOUR NAME FOR THE

RECORD. >> FOR THE RECORD MY NAME IS STEVE TARR. I'M A PRINCIPAL OF RAST PROPERTIES AND THE OWNER OF THE BUILDING.

>> YOU ARE A PRINCIPAL OF RAST PROPERTYIES?

>> YES, I'M A PRINCIPAL OF THE OWNERSHIP ENTITY OF THAT BUILDING, YES. FIRST, I WANT TO COMMEND THE FOLKS THAT JUST SPOKE HERE. I THINK THEY WOULD HAVE A GOOD

JOB ON THE FOX NEWS NETWORK. >> SIR, SIR.

THIS IS A TRIBUNAL. LET'S KEEP IT CLEAN.

>> I JUST WANT TO STATE FACTS. >> WELL HERE, YOU KNOW, WE'RE GOING TO GO BY THE BOOK. YOU DON'T HAVE TO THROW SLAMS AT PEOPLE. JUST TELL ME WHAT YOU WANT TO TELL ME, WHY YOU DON'T HAVE A PERMIT.

>> THIS BUILDING HAS BEEN IN EITHER VACANT OR EMPTY FOR PROBABLY 20 YEARS. WHEN WE BOUGHT BUILDING I BELIEVE IT WAS ABOUT 2011. THE MAJORITY OF WHAT YOU SEE IS HOW IT LOOKED AT THAT TIME. THOSE FRAMED WALLS, IN FACT, IF YOU'D LIKE ME TO GO THROUGH PICTURE THROUGH PICTURE THROUGH

PICTURE, WE CAN DO THAT. >> SIR, YOU'RE HERE BECAUSE YOU DIDN'T HAVE PERMITS CALLED THE PROPERTY INQUEST.

TELL ME WHY YOU DON'T HAVE PERMITS.

>> WE DON'T HAVE A PERMIT BECAUSE THE WORK THAT WAS DONE WAS NOT DONE AT THIS TIME. THIS MAJORITY OF THIS WORK WAS

[00:20:02]

DONE YEARS BEFORE WE BOUGHT THE PROPERTY.

IF THE EMAILS THAT I PRESENTED TO THE ATTORNEY, IF YOU TAKE THE TIME TO READ THEM, YOU'LL SEE THAT IMMEDIATELY UPON THE STOP ORDER THAT WAS PUT ON THIS BUILDING I REACHED OUT TO THE BUILDING DEPARTMENT. I IMMEDIATELY STOPPED ALL WORK THAT WAS BEING DONE. THIS WAS NOT MY WORKER IN THERE.

I HAD AN AGREEMENT WITH AN ARTIST TO TRY AND RENOVATE THIS BUILDING. HE HIRED SOMEBODY TO GO IN.

I DIDN'T KNOW WHAT THEY DID. AS SOON AS I FOUND OUT FROM THE STOP ORDER, THEY NOTIFIED ME ABOUT THAT STOP ORDER.

I WENT OVER AND SAID STOP. ALL WORK WAS STOPPED ON NOVEMBER ON THE DAY OF THE STOP ORDER AND TO THIS DAY I'M SPEAKING TO YOU NOW. NOBODY HAS BEEN IN THERE AND DONE ANY WORK ON THAT. AND DURING THAT PERIOD WHICH THOSE EMAILS WOULD SHOW, I HAVE ATTEMPTED TO TRY AND COMMUNICATE WITH THE BUILDING DEPARTMENT AND YOU'LL SEE EMAILS I COMMUNICATED WITH THE COMMISSIONER TO TRY AND MEET ME OUT THERE AND EXPLAIN TO ME WHAT I NEED A PERMIT FORED WHAT I DON'T NEED A PERMIT FOR.

TO THIS DAY I CAN TELL YOU THAT WAS NEVER DONE.

SO WHEN I GOT NOTICE OF THIS HEARING, I TRIED AGAIN TO REACH OUT AND THOSE EMAILS WILL BE EVIDENCE OF THAT.

THE ONLY PERSON IN THIS BUILDING THAT REACHED OUT TO ME WAS NICK NIMS, THE CITY MANAGER. I ASKED HIM TO COME OUT AND LET ME SHOW YOU WHAT WAS DONE. SO I MET WITH NICK CAME OUT.

I SAID, LET ME SHOW YOU. I HAVE TWO BUILDINGS OVER THERE.

I WANT TO SHOW YOU THE WORK THAT WE'VE DONE, WHICH WE'RE TRYING TO DO TO HELP IMPROVE A BLIGHTED AREA.

I SAID, AND LET ME SHOW YOU WHAT THEY ARE PUTTING ME IN VIOLATION FOR. ANT LET'S GO THROUGH THAT, AND THE EMAILS WILL SHOW THAT MR. MUNES EVEN ATTEMPTED TO GET BUILDING DEPARTMENT TO COMMUNICATE WITH ME, WHICH THOSE EMAILS WILL SHOW THAT THEY AGAIN DID THE.

I EVEN COPIED SHAR ON THE EMAILS PAUL THOMAS ON THE EMAILS, THE COMMISSIONER, AND THEY NEVER DID.

>> LET ME ASK YOU. THE CASE WAS INITIATED ON NOVEMBER 24TH AND THEN A STOP ORDER WAS DONE.

MR. COSS TESTIFIED PREVIOUSLY THAT AS OF RIGHT NOW YOU HAVE NOT APPLIED FOR ANY PERM ILT TO CONTINUE THE WORK ON THE

BUILDING. >> NO, WE DID -- PERMIT.

WE DID NOT CONTINUE THE WORK ON THIS BUILDING.

WE DID NOT CONTINUE TO WORK ON THIS BUILDING.

WE STOPPED ALL WORK, NUMBER ONE. NUMBER TWO, THE PER INSPECT -- PROSPECTIVE TENANT I HAD ON THIS BUILDING IS NOW GONE.

SO THE WORK THAT THEY DID, AND LET ME JUST BACK UP.

THIS IS A 20,000 SQUARE FOOT BUILDING, ONE OF THE BIGGEST BUILDINGS IN THE DOWNTOWN AREA. WE'RE TALKING ABOUT --ED IF YOU LOOK AT THE PICTURE, ONE SMALL OFFICE OF MAYBE -- MAYBE TWO SMALL OFFICES OF MAYBE 100 SQUARE FEET IN THIS BUILDING THAT WERE ALREADY PARTIALLY DONE FROM WHEN WE BROUGHT THE BUILDING. THESE FOLKS WENT IN WITHOUT MY NONE AND DID IT. SO I'M NOT -- AND THE EMAILS WILL SHOW I'M NOT ARGUING THAT WHEN THEY DID, THEY SHOULDN'T HAVE DONE. WHAT I AM SAYING THAT AS SOON AS I FOUND OUT I TOLD THEM TO GET OUT.

NOT ONLY DID I TELL THEM TO GET OUT I CHANGED THE LOCK ON THE DOOR. WE HAVE A CODE.

WE HAVE NOT BEEN ABLE TO GET BACK IN THE BUILDING NOR EVEN GET THEIR SUPPLIES. THAT WAS SITTING THERE AS WE ARE TALKING TODAY. I ALSO WANT TO -- WANT TO, IF I COULD, SO MY MONEY I DON'T BELIEVE THERE ARE VIOLATIONS.

MOST OF THOSE PICTURES ARE FROM WHEN WE BOUGHT THE BUILDING.

THESE PICTURES IN THE ROOF -- THIS WIRE, I HAVE NO IDEA WHAT THAT IS. WE DIDN'T WORK ANYWHERE NEAR THAT PART OF THE BUILDING. BUT I'D LIKE TO BACK UP SOMETHING FURTHER BECAUSE I KNOW BASED ON YOUR NOTICE FOR THIS HEARING THAT THE -- THE THIS IS A PUBLIC RECORD AND THIS PUBLIC RECORD IN THE EVENT THERE IS AN APPEAL BECOMES PART OF THE RECORD. I WANT TO STATE SOME CORRECTIONS THAT THEY TESTIFIED UNDER OATH FOR.

NUMBER ONE. MR. SMITH TESTIFIED IN NOVEMBER.

THE ATTORNEY IS CORRECT. IT WAS NOT NOVEMBER.

IT WAS OCTOBER. MR. SMITH CAME TO THE BUILDING OCTOBER 30TH. I WAS NOT THERE.

THE A PAINTER WAS THERE. PAINTING.

MR. SMITH ENTERED THAT BUILDING AND TOOK THESE PICTURES WITHOUT

BEING INVITED IN. >> SO SPECIAL MAGISTRATE, I'M GOING TO OBJECT, AS TO REL RELEVANCE.

[00:25:05]

BUT YOU'RE THE TRYER OF FACT. YOU HEARD THE TESTIMONY AND YOU CAN DECIDE WHAT YOU BELIEVE TO BE TRUE.

>> OBJECTION SUSTAINED. LET'S STICK TO WHAT YOU KNOW.

>> I'M STICKING TO WHAT I KNOW. I KNOW THAT ED SMITH WAS THERE

ON THE 30TH. >> HE WAS THERE -- WERE THROUGH?

>> FLO, NO. I GOT A TEXT.

>> TESTIFY TO WHAT YOU OBSERVED. WHAT YOU KNOW.

>> I KNOW THAT ED SMITH WAS THERE ON OCTOBER 30TH BECAUSE I GOT A TEXT ON OCTOBER 30TH THAT I HAVE AND COULD SHOW THE COURT IF NEEDED THAT ON THAT DATE I GOT A NOTICE THAT A GENTLEMAN FROM THE BUILDING DEPARTMENT ENTERED THE PROPERTY WITHOUT BEING INVITED IN, AND TOOK PICTURES INSIDE THE BUILDING.

THE PAINTER WAS THERE TOLD HIM HE WAS PAINTING.

TOLD HIM WHO THE OWNER WAS, AND I BELIEVE AND I WOULD HAVE HAD HIM HERE, AND IF WE HAVE TO GO FURTHER I'LL GET HIM FOR TESTIMONY, THAT ED SMITH SAID I KNOW THE OWNER.

I'LL GET WITH HIM. THAT'S WHAT HE TOLD HIM.

THAT'S WHAT THE TEXT SAID TO ME. TO THIS DAY ED SMITH NEVER GOT TO ME. THAT'S NUMBER ONE.

IN MY OPINION, THESE PICTURES WERE OBTAINED IN VIOLATION OF THE FOURTH AMOUNT OF THE CONSTITUTION AS FAR AS THE FLORIDA CONSTITUTION AND SHOULD BE INADMISSIBLE.

BUT I WON'T -- I WON'T ARGUE WITH THESE PICTURES BECAUSE IF YOU LOOK AT THEM, THEY CLEARLY -- LET'S GO TO THE STUCCO ON THAT LOGAN TOOK. THIS IS MY PAINTER.

IF YOU LOOK AT THIS PICTURE, IF YOU COULD PUT UP THE PICTURE OF THE BUILDING. THIS IS MY PAINTER PREPARINGEDING FOR PAINTING BECAUSE OF THE GRAFFITI AND THE BLIGHT THAT'S ON THIS BUILDING. THE EDGE OF THAT DOOR FRAME WAS BROKEN, THE CONI DON'T WAS BROKEN ON THE EDGES.

THAT WORKER, YOU CAN SEE. THAT'S ALL THAT WAS DONE.

HECLEANED UP THE EDGES IN THAT FOR PAINTING THAT DOES NOT REQUIRE A PERMIT. I WOULD ARGUE AND I'LL GO FURTHER AS TO SAY THAT I BELIEVE THE BUILDING DEPARTMENT DOES NOW AGREE WITH THAT BECAUSE IF YOU READ THE EMAILS YOU WILL SEE TWO WEEKS AGO THAT CHEYENNE SENT ME BACK AN EMAIL SAYING THEY GAVE ME THE GO-AHEAD TO FINISH THE OUTSIDE.

SO I THINK THEY HAVE DETERMINED AND YOU'LL SEE THOSE EMAILS THAT THAT WAS NOT DID NOT REQUIRE A PERMIT AND SHOULD HAVE BEEN ALLOWED TO, WHICH IS WHAT I ARGUED WITH LOGAN AT THE TIME HE CAME OUT. I WAS.

THERE I WAS CALLED. THERE I EXPLAINED TO LOGAN.

I SAID LOGAN, THEY ARE FIXING CRACKS AND NEJZ PREPARATION TO PAINT THIS EYESORE THAT SO RIGHT OFF THE BAT THERE WAS THE STUCCO ISSUE TO ME IS A NONEVENT AND YET EMAIL THAT YOU HAVE WILL PROVE THAT THAT WAS NOT AN ISSUE.

AS FAR AS THE INTERIOR AGAIN, THE EMAILSING SHOW THAT I TRIED TO GET SOMEBODY FROM TO COME OUT THERE.

I INVITED THEM. YOU WILL SEE THAT THROW OR FOUR TIMES. COME OUT THERE.

SHOW ME I CAN DO AND WHAT I CAN'T DO, BUT I STOPPED ALL WORK IMMEDIATELY. THAT BUILDING NOW REMAINS AN EYESORE THE NOW SINCE I HAVE LOST THAT TENANT, THE WORK THAT THEY DID IS MEANINGLESS TO ME AND I COULDN'T PULL A 3ER78IT WITHIN -- PERMIT WITHIN 30 DAYS OR RIGHT NOW.

THERE'S NOTHING TO PULL. IF THEY WOULD LIKE ME TO DISASSESSABLE IT WOULD TAKE TWO HOURS AND PUT IT BACK TO THE WAY IT WAS DONE. FOR NOW FOR THE LAST FIVE MONTHS I COULDN'T PULL A PERMIT BECAUSE THE WORK -- THE WORK DOESN'T EXIST ANYMORE. I DON'T HAVE ANY REASON.

NOW I EXPLAINED TO MR. NIMS AND THE EMAILS WILL SHOW THAT WE DO WANT TO FIX UP THIS BUILDING SO WE CAN REMOVE BLIT IN THAT PART -- BLIGHT IN THAT PART OF TOWN AND WE CA NEW ENTRANCE AND HALLWAY IN IT, AND I WAS GOING TO HAVE AN ARCHITECT DRAW THAT UP. THE ARGUMENT I HAD WAS LET ME THE DRAWING DONE AND I WILL INCLUDE THE WORK THAT SHOULD HAVE BEEN DONE IN THAT PERMIT AND WE WON'T DO ANY WORK UNTIL THAT'S DONE. THAT'S WHAT WE WERE IN THE

PROCESS OF DOING RIGHT NOW. >> SIR, LET ME ASK YOU A QUESTION. I'M SORRY TO INTERRUPT YOU.

DID YOU EVER COME TO CITY HALL AND TRY AND PULL FULLY TYPE OF

[00:30:06]

PERMIT FOR THIS BUILDING? -- PULL ANY TYPE OF PERMIT FOR

THIS BUILDING YES OR NO? >> NO.

WE DID NOT DO ANY WORK THAT WOULD REQUIRE A PERMIT.

THAT'S WITH I'M EXPLAINING. NOT ONLY THAT, THIS WORK WAS DONE WITHOUT MY KNOWLEDGE. I'M SAYING TO YOU BASED ON WHEN WE HAVE HERE, THERE'S NOTHING THAT -- WE WILL PULL A PERMIT WHEN WE DO OUR RENOVATION. THAT HAS NOT HAPPENED YET.

AND I'LL BE HAPPY TO DO THAT. I'LL BE HAPPY TO WORK WITH THE BUILDING DEPARTMENT. I KNOW ALL THOSE GUYS.

BY FIRST NAME. I KNOW EVERYBODY IN THIS BUILDING BY FIRST. I'M TRYING TO HELP IMPROVE THE AREA, AND I'LL BE HAPPY TO PULL ANY PERMITS.

WE STOPPED ALL WORK. I WOULD ARGUE THAT NOTHING THAT WE DID WAS IN VIOLATION AND REQUIRED A PERMIT, OTHER THAN WHAT I WAS NOT MADE AWARE OF, WHICH WAS A FRAMING AND DRY WALL. I WOULD AGREE THAT THAT CONTRACTOR SHOULD NOT HAVE DONE THAT WITHOUT A PERMIT AND HE WAS IMMEDIATELY KICKED OUT. NOT ONLY WOULD I ARGUE THESE PICTURES ARE INADMISSIBLE BECAUSE OF THE WAY THEY WERE OBTAINED BUT THERE'S NOTHING IN THE PICTURE.

YOU CAN LOOK AT THEM YOURSELF. OTHER THAN THE DRYWALL AND I AGREE WITH THAT. WHEN YOU READ A EMAIL ONE OF MY LAST EMAILS TWO WEEKS AGO TO NICK NIMMS WAS I THOUGHT WE HAD AN AGREEMENT AND THE AGREEMENT WAS I STOPPED WORK AND YOU ALLOWED WORK TO CONTINUE ON THE SIDE.

BY THE WAY, I THOUGHT WE DIDN'T DO THAT.

SO I THOUGHT WE HAD AN AGREEMENT UNTIL I GOT THE SPECIAL MAGISTRATE'S NOTICE, AND I REACHED BACK AGAIN AND SAID, WHY AM I AT THIS HEARING WHEN YOU GAVE ME AN AGREEMENT ON THIS? AND THE AGREEMENT WAS, AND YOU'LL READ IT IN EMAILS, WHICH WAS TWO WEEKS AGO AFTER NICK CAME AND VISITED.

I SHOWED HIM. WE TALKED ABOUT PERMITS.

I DON'T HIDE ANYTHING. I HAVE TOO MANY BUILD NGDS TOWN HERE. I DON'T I DON'T PUT PAPER ON THE WINDOWS -- BUILDINGS. WE JUST ENVATED THE 510 ORANGE BUILDING AROUND THE CORNER THE SAME WAY WE DID THIS.

ALL I WAS WAS ACCOLADES. I HAD TWO COMMISSIONERS COME BY.

>> SIR, SIR, HOLD IT. WE'RE GETTING WAY BEYOND THE FACTS HERE, OK? IF YOU'RE FIXING UP BUILDINGS THAT'S WONDERFUL. BUT IF YOU FIX THAT MANY BUILDINGS AS YOU SAY YOU HAVE, THEN YOU KNOW YOU HAVE TO HAVE A PERMIT. AND YOU DIDN'T HAVE A PERMIT HERE. HOW LONG WAS RAST PROPERTIES

INC. BEEN IN EXISTENCE? >> ABOUT THE TIME OF -- PURCHASE

OF THAT BUILDING. >> HOW MANY YEARS?

>> ABOUT TEN YEARS. >> TEN YEARS.

SO YOU KNOW THE ROUTINE. ANYTHING FURTHER, ANY MORE EVIDENCE BECAUSE I'M READY TO RULE ON THIS.

>> SO SPECIAL MAGISTRATE, JUST FOR THE RECORD, I'M NOT OBJECTING TO THE EMAILS COMING IN.

OUR RULES OR PROCEDURES SAY THAT THE FLORIDA EVIDENCE CODE IN ITS STRICTEST SENSE DOES NOT APPLY. THE ISSUE IS FUNDAMENTAL FAIRNESS AND ABUNDANCE OF CAUTION.

I'M NOT GOING TO OBJECT TO THEM COMING?

>> YOUR EMAILS HAVE BEEN ADMITTED.

>> EMAILS HAVE WHAT? >> HAVE BEEN ADMITTED INTO

EVIDENCE. >> THANK YOU.

AGAIN, I'M NOT HERE TO ARGUE. I'M HERE TO SAY, TELL ME WHAT YOU WANT ME TO DO CAN'T PULL A PERMIT NOW BECAUSE WE'RE NOT MOVING FORWARD WITH THAT PROJECT.

>> LET ME SAY THIS TO YOU. IF YOU ARE GOING TO DO ANYTHING IN TERMS OF IMPROVING THAT PROPERTY -- AM I MAKING MYSELF CLEAR? WE'RE TALKING ABOUT THIS PROPERTY. IF YOU ARE GOING IT DO ANYTHING WITH THAT PROPERTY I SUGGEST YOU CALL THE BUILDING DEPARTMENT, NOT NICK NIMMS AND LORD KNOWS I HAVE A LOT OF RESPECT FOR HIM BUT WE'RE HERE BECAUSE OF A BUILDING CODE VIOLATION AND THAT RESPONSIBILITY LIES WITHIN THE BUILDING DEPARTMENT, AND THAT'S WHAT YOU SHOULD BE COMMUNICATING WITH.

>> YOU'LL SEE PAUL THOMAS WAS COPIED ON ALL THOSE.

YOU'LL SEE I LEFT MESSAGES FOR PAUL THOMAS.

>> SIR. >> SHAUN COSS.

NOBODY EVER GOT BACK TO ME. I UNDERSTAND WHAT YOU'RE SAYING.

I TRIED. THE PHONE LINES ARE DOWN.

THEY ARE MOVING. THE COVID SITUATION.

>> TRUE. >> NOBODY GOT BACK WITH ME.

I TRIED THE. >> YOU HAVE BEEN IN THE BUSINESS LONG ENOUGH TO KNOW -- LONG ENOUGH TO KNOW THAT YOU NEED A PERMIT TO DO ALMOST ANYTHING TO YOUR HOUSE OR BUILDING THESE DAYS. YOU HAVE BEEN IN THE BUSINESS LONG ENOUGH TO KNOW THAT. NOW IF WE'RE GOING TO MOVE FORWARD -- IF YOU DON'T WANT TO DO THE THINGS WITH THE BUILDING THAT'S ENTIRELY UP TO YOU. IF YOU'RE GOING TO DO ONE THING ON THAT BUILDING, I'M ADVISING YOU TO CALL CODE AND CHECK WITH THEM BEFORE YOU DO ANYTHING. CALL THE BUILDING DEPARTMENT.

THAT'S WHAT THEY DO. >> THEY DON'T RETURN CALLS.

>> THEN YOU KNOW WHAT IN THIS AGE OF COVID, YOU WANT TO KNOW

[00:35:03]

HOW BACKED UP SYSTEMS ARE? EVERYBODY KNOWS HOW BACKED UP WE

ARE BECAUSE OF COVID. >> THE REASON I WENT TO NICK

NAMS. >> NICK NAMS IS NOT SHAUN COSS.

HE'S A WONDERFUL PERSON AND I DON'T WANT TO MENTION HIS NAME IN HERE AGAIN. S NOT WHO YOU SHOULD BE TALKING

TO. >> HE DID NOT CALL ME ONE TIME.

I HAVE KNOWN SHAUN FOR TEN YEARS.

HE HAS MY NUMBER. HE NEVER RESPONDED.

>> EXCUSE ME, DO YOU HAVE ANY FURTHER EVIDENCE?

>> WELL I GUESS I WOULD MENTION A COUPLE OF THINGS THAT FRANK SAID THAT WERE INCONSISTENT. HE MENTIONED I GUESS, THAT HE REVIEWED PHOTOS AND ISSUED THE STOP ORDER AND THE ATTORNEY ASKED IF HE OBSERVED THE PICTURES AND YES.

WHAT I WOULD ARGUE IS THERE ARE NO WORKERS SO I SUPPOSE HE UDAY STOP ORDER BASED ON PICTURES FROM THREE WEEKS EARLIER.

I'D LIKE TO SAY THAT ON RECORD. AND I GUESS I WOULD LIKE TO JUST ARGUE THAT I THINK THAT THE -- THE -- EVERYBODY IS UNDER OATH HERE AND THEY NEED TO TELL THE TRUTH.

THAT'S ALL I HAVE. >> OK, THANK YOU.

ANYTHING FURTHER ON BEHALF OF THE CITY?

>> I'LL JUST SAY SPECIAL MAGISTRATE, AS I SAID BEFORE, YOU'RE THE TRIER OF FACT. YOU HAVE THE -- YOU HAVE SEEN ALL THE WITNESSES TESTIFY, INCLUDING MR. CARR WHO IS ALSO UNDER OATH. YOU HAVE THE ABILITY TO JUDGE BASED ON THE REPRESENTATIONS OF THE PARTIES REGARDING FIRSTHAND KNOWLEDGE. YOU HAVE THE ABILITY TO JUDGE BASED ON THOSE THINGS THEIR CRED THE -- THEIR CREDIBILITY.

I WILL JUST REITERATE WHAT YOU SAID EARLIER, WHICH IS THAT THE AUTHORITY WITH REGARD TO HOW TO PROCEED WITH THE ALLEGED VIOLATIONS LIES WITHIN THE BUILDING DEPARTMENT AND THE OFFICES OF THE BUILDING INSPECTOR, NOT THE CITY MANAGER.

AND I WILL JUST SAY THAT THE EVIDENCE PRESENTED SPEAKS FOR

ITSELF. >> AND MR. TARR, YOU'LL HAVE TO RETURN THOSE COPIES OF THE PHOTOGRAPHS TO ME.

DO YOU HAVE A PHOTOGRAPH LABELED P?

>> IT'S IN A DIFFERENT SET. YOU HAVE A THROUGH O UP THERE.

>> YES AND I'VE GOT R, S. >> YES.

THE OTHER ONES ARE IN THAT FOLDER.

>> THANK YOU. THESE HAVE BEEN ADMITTED.

ALL RIGHT. ANYTHING FURTHER ARE ANYBODY

ELSE? >> NO, MA'AM.

>> ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT THE VIOLATION EXISTS AT 526 AVENUE A RAST PROPERTIES INC. AND THAT S.PAT TARR THE REGISTERED AGENT FOR THAT OPERATION IS PARTLY RESPONSIBLE FOR THE VIOLATIONS. THE CORRECTIVE ACTION THAT'S NEED TO BE TAKEN OBTAINED FOR RENOVATION WORK BEING DONE WITHOUT A PERMIT, INCLUDING INTERIOR DEMOLITION, FRAMING AND PLUMBING AND NEW ELECTRIC. OBTAIN A PERMIT THAT STUCCO WORK HAD BEEN DONE WITHOUT A PERMIT. I'LL GIVE YOU 60 DAYS TO OBTAIN A PERMIT. OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 80 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT I FINE $100 PER DAY BE ASSESSED.

[00:40:03]

I THINK THAT YOU KNOW IF NUMBER OF THIS BUSINESS AS LONG AS YOU SAY, ONCE YOU PULL THAT PERMIT YOU HAVE 180 DAYS, 6 MONTHS, TO COMPLETE THE PROJECT. IF YOU CAN'T GET IT DONE WITHIN THAT PERIOD OF TIME THEN THE CITY FREQUENTLY GRANTS EXTENSIONS, AS LONG AS THE WORK IS BEING DONE.

AND IN SO FAR, YOU KNOW, I SIT HERE AND LISTEN TO PEOPLE COME IN AND TALK ABOUT HOW THEY WANT TO CLEAN UP BLIGHTED AREAS.

ONE OF THE REASONS WHY SOME OF THOSE AREAS ARE BLIGHTED IS BECAUSE PEOPLE DO NOT OBTAIN PERMITS THROUGH THE CITY AND THEY BUILD AND FIX ANYTHING THEY WANT TO, AND SO THEY DON'T ATTRACT THE RIGHT TENANTS. AND THE BLIGHT CONTINUES.

WE HAD ONE MAN SOMETIME AGO PUT A FENCE UP ACROSS THE ROAD BECAUSE HE SAID HE WAS CLEANING UP THE PROSTITUTES AND ALL THE DRUG USERS OVER THERE. THE THING IS HE CREATED A HAZARD FOR THAT COMMUNITY THE HE WASN'T HELPING THEM.

HE WAS PROTECTING HIS OWN SELF-INTEREST.

I DON'T THINK YOU'RE DOING THAT, BUT IF NUMBER OF THIS BUSINESS AS LONG AS YOU SAY YOU HAVE AND I BELIEVE YOU, CLEARLY, YOU KNOW YOU SHOULD PULL A PERMIT. COVID HAS BACKED UP A LOT OF SYSTEMS. MY OTHER JOB IS AS A TRIAL LAWYER. SO ALL THE SYSTEMS ARE BACKED UP. MOST BASIC FUNDAMENTAL INSTITUTIONS ARE ALL BACKED UP WITH PROJECTS BECAUSE OF COVID.

YOU HAVE 30 DAYS TO APPEAL MY DECISION.

GOOD LUCK. I WOULD SUGGEST YOU GET IN TOUCH WITH MR. COSS OR SOMEBODY FROM THE BUILDING DEPARTMENT AND THEY WILL HELP YOU IN TERMS OF OBTAINING THE NECESSARY PERMITS.

>> SO SPECIAL MAGISTRATE SINCE ALL THE PART RAISE HERE THIS MORNING CAN I RECOMMENDED THAT SOMEBODY WALK OUT AND SPEAK WITH MR. TARR SO MAYBE WE CAN KEEP THE PROCESS GOING?

>> YES, WHY HE. >> IF WE COULD PULL UP THE NEXT CASE I'LL TAKE A RECESS WITH MR. TARR.

>> THANK YOU. >> OK.

[B. 20-2077 1225 N 25th Street Saleh, Harbi & Intesam Frank Remling]

>> ALL RIGHT. THE NEXT CASE IS 5-B 20-207.

THE ADDRESS IS 1225 NORTH 25TH STREET.

HARBI AND INTESAM SALEH ARE THE OWNERS.

>> HOW ARE YOU DOING TODAY? I'M HERE ON BEHALF OF MY

PARENTS. >> HOLD ON, SIR.

WE'LL GET TO YOU, OK? >> SPECIAL MAGISTRATE, MR. REMLING WAS PREVIOUSLY SWORN.

A ASKED HE BE ALLOWED TO GO AHEAD AND PRESENT HIS CASE.

>> THIS CASE CAME TO ME AS A COMPLAINT.

CASE NUMBER IS 20-2077. 1225 NORTH 25TH STREET.

AND THE CASE INITIATED ON SEPTEMBER 11TH, 2020.

THE OWNER IS HARBI AND INTESAMSALEH AND THE ADDRESS IS 92 CAMPBELL ROAD. THE VIOLATIONS ARE IPMC 504.1, 2018 PLUMBING FIXTURES. IPMC 108, DANGEROUS STRUCTURE OR PREMISES. IPMC 304.6-2018 EXTERIOR WALLS.

IPMC 304.7 ROOFS AND DRAINAGE. IPMC 304.WINDOWS, DOORS AND FRAMES. IPMC 305.3 INTERIOR SURFACES.

IPMC 604.3 ELECTRICAL SYSTEM HAZARDS.

THE CORRECTIVE ACTIONS ARE MAKE PLUMBING REPAIRS TO THE TOILET THAT IS LEAKING. MAKE STRUCTURAL REPAIRS TO THE FLOOR THAT IS ROTTING DUE TO TOILET LEAKING.

REPAIR REPLACE ROOF THAT IS BUCKLED DUE TO ROOF LEAK.

REPAIR OR REPLACE THAT IS FALLING DOWN.

MAKE ELECTRICAL REPAIRS TO THE EXTERIOR ELECTRICAL LINES MAKE SAFE. REPAIR OR REPLACE BACKDOOR THAT IS NOT WORKING PROPERLY. AND I DO HAVE SOME PHOTOS.

>> HAVE YOU HAD A CHANCE TO RESPOND? PLEASE GO AHEAD AND SHOW TO HIM. WHILE HE'S LOOKING AT THE THAT I'LL ASK YOU IF HE TOOK THE PHOTOS DO THEY FAIRLY AND ACCURATELY PICKET WHAT YOU SAW? OK.

I'LL ALSO ASK YOU WHETHER OR NOT THIS CASE WAS INITIATED VIA A

TENANT COMPLAINT. >> YES, MA'AM.

>> OKAY. >> SO SPECIAL MAGISTRATE.

[00:45:16]

SPECIAL MAGISTRATE, AT THIS TIME WE WOULD MOVE THE PHOTOS IN AS

CITIES 1 COMPOSITE. >> IT WILL BE ADMITTED AS SUCH.

>> UNFORTUNATELY MR. COSS ISN'T HERE SO I CAN'T PUT THEM UP ON THE SCREEN, BUT I WILL HAND THEM TO YOU.

SO MR. REMLING IS THERE ANYTHING YOU WANTED TO SAY ABOUT THE PICTURES? AND REFER -- YOU HAVE THEM LABELED BY LETTER, CORRECT, IN YOUR.

>> YES, MA'AM. >> CAN YOU PLEASE REFER BY

LETTER. >> LETTER A IS SHOWING THE WATER THAT'S ON THE FLOOR. AND B IS THE CEILING THAT IS BUCKLING AND COMING DOWN. AND LETTER C IS THE -- THAT'S FALLEN OUT AND SOME ELECTRICAL LINES ARE THAT HANGING.

AND D IS THE SAME LOOKS LIKE IT IS BLOWN OUT.

AND E IS THE DOOR THAT DOESN'T CLOSE PROPERLY.

YOU CAN SEE IT'S CRACKED AND BROKEN AND F IS THE BOTTOM OF THE DOOR WHERE THE THRESHOLD IS, WHERE IT IT'S ROTTEN.

>> OK. HAVE YOU BEEN CONTACTED BY THE OWNERS FOR REINSPECTION? OK.

DO YOU KNOW IF ANY PERMITS HAVE BEEN PULLED WITH REGARD TO THIS

PROPERTY? >> NO, MA'AM.

>> ALL RIGHT. ANYTHING ELSE YOU WANT TO SAY

ABOUT THE CASE? >> THANK YOU.

>> THANK YOU. >> ANYTHING ELSE YOU WANT TO

SAY? >> WHERE IS A ROOF PERMIT THAT

WAS PULLED? >> THERE WAS.

>> SO THEY DID GET PERMIT FOR THE ROOF AND GOT THE FINAL

INSPECTION ON THAT. >> OK, THANK YOU.

I HAVE NOTHING FURTHER. >> THANK YOU.

AND SIR, STATE YOUR NAME. >> SALEH.

I'M HERE ON BEHALF OF MY PARENTS.

CAN I HAVE A PICTURE ALSO? DO YOU HAVE A SET YOU CAN PASS

ME? >> MR. REMLING YOU'RE FREE TO USE THESE. YOU'RE GETTING YOUR EXERCISE TODAY. ALL RIGHT.

LET'S GO THROUGH WHICHEVER ONES YOU CHOOSE.

>> THIS ONE OVER HERE. >> THEY HAVE ALPHABET CODES.

>> B AND C IS THE WIRING THAT WAS HANGING DOWN THE AND THE SOCKET THAT WAS RIPPED DOWN WHENEVER THEY PULLED DOWN THE THING. THE WIRE THAT'S HANGING DOWN WAS HOOKED UP TO A MOTION SENSOR, BUT SOMEBODY SNATCHED IT ALL DOWN AND ALL THAT STUFF CAME DOWN AND YOU CAN SEE HOW THE WOOD CAME DOWN. ALSO ON THIS ONE OVER HERE, IT

LOOKS LIKE -- >> THE LETTER.

THE LETTER OF THE PICTURE. >> E AND F IS THE BACKDOOR.

THAT LOOKS LIKE IT WAS KICKED IN AND I WASN'T AWARE OF IT BEING KICKED IN AND DAMAGED BECAUSE OF THIS COVID THING GOING ON.

THE TENANT THAT WAS THERE THAT WAS A LEASE MADE FOR HIM, HE TOOK THE BUILDING AS IS AND WAS GOING TO FIX IT UP AND USE IT AS A CHURCH. I HAD EQUIPMENT IN THERE BECAUSE I PURCHASED THE BUILDING FROM THE CHURCH BECAUSE WE OWNED THE GAS STATION RIGHT NEXT DOOR TO IT, OUR PROPERTY AND WE HAVE EPA CLEANUP SITE OUT THERE TO THE STATE OF FLORIDA IS USING THAT AS SITE THAT THAT LOCATION FOR THE EQUIPMENT.

ED I TOLD HIM STRAIGHT -- I DON'T KNOW IF I SPOKE TO HIM AND WHETHER HE REFERRED ME TO A LADY ALSO.

YOU TOLD ME SOME LADY WAS IN CHARGE OF IT.

AND WHAT HAPPENED WAS I SENT AN EMAIL.

I SAID LOOK MY PARENTS PROPERTY. I'M THE ONE HELPING THEM OUT.

I'M DEALING WITH IT. IF YOU HAVE ANY ISSUES HERE'S MY NUMBER. I TOLD MY NUMBER.

SHE'S LIKE, WELL, I TOLD HER LOOK.

BEFORE I GOT THIS STUFF BEFORE I GOT THE VIOLATIONS IS WITH ALREADY IN THE PROCESS OF REMODELING THAT BUILDING.

I'M GOING TO PUT A NEW ROOF ON IT.

I'M GOING TO GET IT FIXED UP. >> CAN I INTERRUPT AND ASK A QUESTION SPECIAL MAGISTRATE? SO WHERE ARE YOU WITH MAKING THE REPAIRS WE SEE ON THE PHOTOGRAPHS.

>> THEY ARE ALREADY DONE. I'M GETTING THERE.

IT'S ALMOST ALREADY DONE. SO I SPOKE TO THE LADY AND I TOLD HER. I SAID, IS THERE ANYTHING ELSE I NEED TO GET DONE? SHE'S LIKE WHEN YOU GET REPAIRS, SEND ME THE. SO I SENT HER A RECEIPT FOR THE

PLUMBING. >> WHAT LADY? WHO WERE YOU SPEAKING TO? IT WAS YOU?

>> WHOEVER HE TOLD ME WAS IN CHARGE OF THE CASE, BECAUSE I

CALLED HIM FIRST. >> HOLD ON.

HOLD ON A SECOND, SIR. >> YES, MA'AM.

>> THE LADY HAS BEEN IDENTIFIED AS?

>> GO AHEAD. >> ELIZABETH BECK.

>> THANK YOU. WITH THE BUILDING DEPARTMENT.

>> YES. >> OK.

GO AHEAD. >> AND SHE TOLD ME OR I ASKED

[00:50:01]

HER IS THERE ANYTHING ELSE I NEED TO DO? THE PERMITS GO THROUGH, AND I'LL SEE IT.

I'LL SEE IT. OK.

SO THE ONLY THING MAJOR THAT NEEDED TO BE DONE WAS THE ROOF.

THE ROOF JUST NEEDED TO BE PATCHED UP.

I WENT AND PUT A BRAND NEW ROOF, BRAND NEW SOFFIT.

I HAVE SOME NEW PICTURES OF THE PERMIT GOING FAST FOR YOU.

>> IS ANYBODY OCCUPYING THE BUILDING NOW SIR.

>> NO, NO. SING IT AS STORAGE NOW AND USING IT AS STORAGE BEFORE BUT THE CHURCH COME AND ASK ME LET US USE THE BUILDING BECAUSE A WHOLE BUNCH OF CHURCH EQUIPMENT FROM

BEFORE. >> RIGHT NOW?

>> THERE'S NOBODY IN THERE. IT'S BEING USED AS STORAGE EVEN A WHOLE TIME AFTER THE CHURCH PEOPLE WERE EVICTED.

WHEN I WENT THERE AND SEE WHAT HAPPENED TO THE BUILDING Y'ALL TOLD ME Y'ALL WERE FIXING IT UP. HE SAID WE HAVEN'T BEEN THERE.

BLAH, BLAH, BLAH. THEY TOOK EVERYTHING OUT ALL THE EQUIPMENT, ON THE STAGE. WHOEVER SENT MET LETTER I SPOKE TO THEM AND SAID WHEN YOU WENT IN THERE, DID YOU SEE MY EQUIPMENT? HE SAID YEAH, IT WAS FULL OF STUFF IN THERE. WAS THAT YOU I SPOKE TO?

>> I BELIEVE SO. >> SAID ALL THE EQUIPMENT

MISSING OUT OF THERE? >> YEAH, GENTLEMAN BROUGHT ME IN AND SHOWED YOU THE VIOLATION. BROUGHT YOU IN? WHAT'S GOING ON. NOBODY SHOULD HAVE BEEN IN.

THERE THE LAST THING I HAD HEARD WAS THE PEOPLE HAD NOT BEEN IN THERE FOR SIX MONTHS SO THE BUILDING SHOULD HAVE BEEN SHUT DOWN FOR SIX MONTHS PRIOR TO THIS BECAUSE THEY HAVEN'T PAID, NOTHING. THE BILL WAS WITH THEM.

THEY WERE GOING TO FIX IT UP AND DIDN'T USE IT.

THEY DIDN'T DO IT. IT WAS A BIG DEAL.

ANYWAYS I'VE GOT PICTURES. THE ONLY THING DID I NOT DO WAS IN HERE REPLACE THE FLOOR. AND THE BATHROOM IS SOFT BUT THAT'S THE ONLY THING I DID NOT DO IN THERE.

>> SPECIAL MAGISTRATE, BASED ON THAT HOW DO YOU WANT TO PROCEED?

>> I HAD PICTURES, TOO. I HAD A LICENSED PLUMBER TO DO THE PLUMBING WORK. I SENT AN EMAIL AND ALSO HIRED A LICENSED ROOFER. THEY DONE THE SOFFIF THE NEW SOFFIT FOR US, AND I GOT PICTURES SIR?

>> IT'S ON MY PHONE. I JUST WENT BY YESTERDAY AND

TOOK PICTURES. >> DO WE HAVE ANY PROOF 245 PERMITS WERE PULLED TO ANY OF THESE REPAIRS? I KNOW FOR THE ROOF. YES, MISS BECK?

>> THERE WAS A ROOF PERMIT WAS PULLED, THAT IT WAS EITHER HIM OR HIS SISTER THAT SENT ME THE RECEIPT.

>> MY DAUGHTER. >> WE SAW THE -- WE SAW THE PERMIT AS WELL AND IT HAS ALL ITS INSPECTIONS.

THEY SENT ME THE RECEIPT FOR THE PLUMBING WORK.

I DID EMAIL BACK SAYING THAT THE VIOLATION LETTER SAID I SAID, THERE ARE MANY ITEMS ON YOUR VIOLATION LETTER AND THOSE HAVE TO BE RESPECTED BY THE INSPECTOR.

THE INVESTIGATOR. SO GET BACK IN TOUCH WITH US

WHEN ALL OF THE ITEMS ARE DONE. >> AND HOW MANY OF THE ITEMS

HAVE YOU COMPLETED? >> THE MAJORITY OF THE STUFF IS PAINT AND CLEANUP I'VE DONE ALREADY.

THE MAJOR STRUCTURE STUFF LIKE REPLACE THE GLASS, THE WINDOWS THEY BROKE BEFORE WE LEFT I WOULD REPLACE THE GLASS, THE PANELS AND PUT IT IN. ANYTHING THAT WAS LIKE NEEDED, LICENSED TO GET DONE. THERE WAS NOTHING THERE.

THE DOOR, I JUST REPLACED IT. PAINTED.

I PUT PAINT ON THE BUILDING. I GOT PICTURES IF YOU WANT TO SEE PICTURES OF THE BUILDING. DOES THAT HELP YOU OUT ANY?

>> NOT REALLY. >> OKAY.

I APOLOGIZE. >> EXCUSE ME.

WE KNOW HE PULLED THE PERMIT ACCORDING TO THE TESTIMONY FOR THE ROOF. WERE THERE ANY OTHER PERMITS

PULLED? >> NO, MA'AM.

>> WHAT PERMITS ARE NEEDED, MA'AM?

>> YOU ARE HERE FOR THE PREVIOUS PRESENTATION, CORRECT?

>> I'M SORRY? THIS IS MY FIRST TIME.

I'M NOT A CONTRACT. I'M NOT A -- THIS IS MY PARENTS' PROPERTY. I'M NOT A BUSINESS PERSON FOR THIS, MA'AM. I'M NOT AWARE.

>> THAT'S WHY YOU'RE HERE. >> YES, MA'AM.

>> ALL HAVE VIOLATED THE CODE. DID YOU LOOK AT THE PICTURES MR. REMLING THAT HE'S TALKING ABOUT?

>> OF THE REPAIRS? >> YES.

>> NO, MA'AM. >> TAKE A LOOK AT THEM, PLEASE, AND SHOW THEM TO COUNCIL AS WELL AFTER YOU'RE DONE.

TAKE YOUR TIME. >> BACKDOOR?

>> YES, SIR. THAT IS THE PAINT.

NOTHING ON THERE. JUST LITTLE TOUCHUP HERE,

TOUCHUP THERE. >> WHAT DID DO YOU TO THE

BACKDOOR? >> REPLACED IT.

JUST THE DOOR ITSELF. >> JUST THE DOOR ITSELF?

>> YOU TOOK THEM OFF THE HINGES AND YOU USED THE SAME HINGES? YOU DIDN'T CHANGE THE WHOLE FRAME?

[00:55:11]

YOU HAVE THEURES OF THE SOFFIT. >> IF YOU ZOOM IN ON THE FRONT WINDOW. THAT'S THE WINDOW I CHANGED

YEAH,. >> YOU CHANGED THE WHOLE WINDOW.

>> NO, NO. JUST THE INSIDE OF IT.

ALL DID I WAS REPAIR. >> SO SPECIAL MAGISTRATE, CAN I

MAKE A RECOMMENDATION? >> YES, YOU MAY.

SO THERE ARE PHOTOGRAPHS THAT I VIEWED.

THEY ARE TECHNICALLY NOT IN EVIDENCE.

I WILL TELL YOU THEY INDICATE AT LEAST SOME WORK HAS BEEN DONE AND I THINK MR. REML CATEGORY CONFIRM.

THAT YOU CAN EITHER RULE TODAY AND, YOU KNOW, GIVE THE RESPONDENT TIME TO COMPLY WITH YOUR RULING.

OBVIOUSLY, EVERYTHING THAT HE'S ALREADY DONE HE'S GOING TO GET CREDIT FOR. HE DOESN'T HAVE TO DO ANYTHING

TWICE. >> THANK YOU.

>> AND WE CAN PROCEED FROM THERE.

I THINK THAT THAT WOULD BE THE MOST EFFICIENT WAY OF DEALING WITH THIS, AND I'M SURE THAT WILL CONTINUE TO WORK WITH YOU AND ASSIST YOU WITH COMING INTO COMPLIANCE FULLY.

>> SO WE'RE NOT -- WE'RE NOT REQUIRED MINUTES, SIR.

SO OTHER THAN THE ROOF THAT WAS REPAIRED, THERE'S BEEN NO INSPECTION. YOU GUYS HAVEN'T BEEN CALLED OUT TO DO AN INSPECTION WITH REGARDS TO THIS PARTICULAR PIECE OF

PROPERTY. >> NO, MA'AM.

NOT THAT I KNOW. I HAVEN'T BACK BACK THERE.

>> WHY DIDN'T YOU CALL THEM AND TELL THEM YOU HAD MADE THE

CORRECTIONS? >> BECAUSE OF MY PREVIOUS STATEMENT I MADE WHEN I SPOKE TO I BELIEVE IT WAS MISS BECK.

I WAS UNDER THE ASSUMPTION THAT -- THAT THE ONLY -- THAT THE REPAIRS THAT THE ONLY THING I NEEDED TO GET INSPECTED I THOUGHT I WAS UNDER THE ASSUMPTION THAT WHEN I PULLED THE PERMITS FOR THE ROOF AND THEY SEEN THE MAINLY OR STRUCTURE THEY WERE ASKING ABOUT TO BE REPLATSD THE FACIA AND THE SOFFIT WAS ALL REDONE, REPAIRED. -- REPLACED.

WE HAD DONE. WE BUILT THE WHOLE TOP ON THAT BUILDING MORE THAN WHAT WAS ASKED OF ME.

AND THE PLUMBING. I HIRED A LICENSED PLUMBERS COME OUT THERE TO DO THE PLUMBING WORK, AND THAT WAS SENT IN.

I ACTUALLY THOUGHT THAT WAS EFFICIENT BECAUSE I DON'T -- IT WAS DURING THIS YEAR I HEARD SOMETHING ABOUT THERE WAS AN EMAIL RECENT TELLING ME IT WASN'T SUFFICIENT.

OF THE EMAIL THAT WAS RECENT FOR MISS BECK, WAS THAT AFTER? WAS THAT AFTER I RESET THE -- THE SECOND NOTE SAYING WHY DID I GET THIS VIOLATION NOTE. OR WAS IT WHEN SHE TOLD ME THAT SHE NEEDED MORES ON SHE REINSPECTION.

IS MISS BECK HERE? >> YES, I'LL RIGHT HERE.

>> HERE'S WHAT I'M GOING TO DO, SIR.

SIR. I'M GOING TO CONTINUE THIS TO MY NEXT DOCKET. YOUR NEXT CONVERSATION THAT YOU HAVE WITH ANYBODY WILL BE WITH SOMEONE, SOME REPRESENTATIVE FROM THE BUSINESS. HOLD IT.

HOLD IT. FROM THE BUILDING DEPARTMENT.

LET ME FINISH. >> -- FROM THE BUILDING

DEPARTMENT. >> SIR, LET ME FINISH.

DON'T INTERRUPT ME AGAIN. I'M GOING TO CONTINUE THIS UNTIL THE NEXT HEARING. YOU CAN GO OUTSIDE AND TALK WITH SOME REPRESENTATIVE FROM THE BUILDING DEPARTMENT, OK, BECAUSE YOU NEED TO GET WITH SOMEBODY TELL YOU WHAT YOU NEED TO DO.

>> I'M MAKING A STATEMENT RIGHT NOW THAT'S NOT ACCURATE.

>> CIRCUMSTANCES I CONTINUE THE CASE.

ALL RIGHT. SOMEBODY WANT TO TALK TO HIM, YOU CAN. MADAM CLERK, CALL THE NEXT CASMS YOU NEED TO FIND OUT WHAT YOU NEED TO DO.

>> SO SPECIAL MAGISTRATE, JUST TO CLARIFY, IS THIS GOING TO BE CONTINUED TO YOUR NEXT DOCKET NEXT MONTH?

>> YES, WHICH WILL BE JUNE. 15TH?

JUNE 15TH. >> THANK YOU, MA'AM.

>> YOU'RE WELCOME. >> THE NEXT CASE IS 5C, CASE

[C. 20-2145 1339 Celebration Drive Garcia, Isvany Ed Smith]

NUMBER 20-2145, 139 CELEBRATION DRIVE.

ISVANY GARCIA IS THE OWNER. CHANTAL REYES IS THE ONE

REPRESENTING HER TODAY. >> WHEN YOU'RE READY.

[01:00:13]

>> GOOD MORNING. >> GOOD MORNING, MR. SMITH.

>> WE HAVE CASE NUMBER 20-2145, 1339 CELEBRATION DRIVE.

OWNERS NAME IS -- OWNER'S NAME IS MRS. GARCIA.

>> NICE TRY, MR. SMITH. 1339 CELEBRATION DRIVE.

FORT PIERCE, FLORIDA, 34947. FLORIDA BUILDING CODE 105.1-2017 PERMITTED. CORRECTIVE ACTION IS TO OBTAIN A PERMIT FOR THE CONCRETE SLAB AND THE SHED INSTALLED WITHOUT A

PERMIT. >> MR. SMITH, WAS THERE SOME

AMENDMENT REGARDING THE SHED? >> YES.

THE SHED BEING THAT IT'S A PLASTIC PVC SHED, IT DOESN'T REQUIRE A PERMIT, BUT THE ACTUAL SLAB THAT THE SHED SITS ON

REQUIRES A PERMIT. >> SO WE'RE ONLY ASKING THE SPECIAL MAGISTRATE TO RULE ON THE SLAB ISSUE, CORRECT?

>> YES, FOR THE CONCRETE SLAB. >> AND A PERMIT WAS APPLIED FOR BUT REJECTED BY THE BUILDING DEPARTMENT?

>> YES. >> OK.

AND I HAVE PHOTOS. >> OK.

CAN WE SHOW THEM TO THE REPRESENTATIVE, PLEASE? DID YOU TAKE THE PHOTOS? DO THEY FAIRLY AND ACCURATELY

DEPICT SAW? >> YES.

>> IT WILL BE ADMITTED. IS THERE ANYTHING ELSE THAT YOU

WANT TO SAY? >> NO.

>> THANK YOU. WOULD YOU STATE YOUR NAME,

PLEASE. >> MY NAME IS CHANTAL REYES.

>> YOU WERE PREVIOUSLY SWORN. >> YES.

>> YOU'VE SEEN THE PHOTOGRAPHS. >> YES.

>> HOW DO YOU RESPOND? >> I DID DO THE ADJUSTMENTS.

I DID SEE A FEW DAYS AGO IT WAS REJECTED.

I ASSISTED IN MAKING THE REQUIREMENTS THAT WERE NEEDED SO

THAT THE PERMITS OUTSIDE. >> SO WAS THE PERMIT ISSUED?

HAS IT BEEN ISSUED? >> NO.

I SENT IN THE INFORMATION THAT WAS NEEDED SO THAT IT WOULD BE

PROVED. >> ELIZABETH?

>> THE PLANNING DEPARTMENT MADE A COMMENT ABOUT GETTING A CERTAIN DIMENSION FOR THE DRIVEWAY PORTION OF THAT PERMIT.

AND THAT'S WHAT SHE IS STATING DIMENSION THAT THEY NEEDED TO

REVIEW THE PERMIT COMPLETELY. >> OK.

ANYTHING FURTHER. >> NO.

>> I'LL CONTINUE HAD UNTIL MY NEXT DOCKET HOPEFULLY BY THEN AND THAT WILL BE JUNE 15TH. HOPEFULLY BY THEN YOU WILL HAVE ALL THE PERMIT RESPONSIBILITIES WORKED OUT.

OK. GOOD LUCK.

THANK YOU FOR COMING. >> THE NEXT CASE IS FOR 5D, CASE

[D. 20-2425 600 Edwards Road WBC Collections LP Ed Smith]

NUMBER 2020 425, 600 EDWARDS ROAD WBC COLLECTIONS LP IS THE

OWNER. >> WE HAVE CASE NUMBER 20-2425.

600 EDWARDS ROAD. WBC COLLECTIONS LP.

IS THE OWNER. 9215 SOLON ROAD, SUITE D-1.

HOUSTON, TEXAS 77064. >> SO BEFORE I -- BEFORE YOU CONTINUE, I JUST WANT TO RUDELY INTERRUPT MR. SMITH, WAS THIS A

CONTINUED CASE FROM LAST MONTH? >> YES.

>> OK. SO WE ALREADY I THINK PUT THE BASICS ON THE RECORD, SPECIAL MAGISTRATE.

CAN YOU CLARIFY WHETHER A PERMIT APS WAS SUBMITTED FOR THIS

PROPERTY? >> NO.

THERE WAS -- THERE HAS BEEN A PERMIT APPLICATION SUBMITTED,

YES. >> WAS IT AN INCOMPLETE

SUBMISSION? >> YES.

I BELIEVE IT WAS AN INCOMPLETE SUBMISSION AT THE PRESENT TIME.

>> OK. SO WITH THAT SPECIAL MAGISTRATE, I WOULD ASK THAT WE TURN TO THE RESPONDENT JUST TO SEE WHERE

[01:05:02]

WE'RE AT WITH THAT. >> GOOD MORNING.

STATE YOUR NAME. >> MY NAME IS REBECCA NICHOLSON AND I'M THE TENANT AT THE BUILDING.

YES. SO WE SUBMITTED THE PERMIT.

WE GOT ANSWER BACK. WE HAVE BEEN WORKING VERY CLOSE WITH MISS KIM WEST. AS OF YESTERDAY, SHE SAID THAT WE HAD FINALLY FILLED IT OUT PROPERLY AND GOTTEN EVERYTHING SHE NEEDS, AND SHE SAID THAT IT'S GOING TO PLANNING, I BELIEVE. SHE SAID TWO TO THREE WEEKS NOW IS THE NEXT WAITING PERIOD. BUT SHE DID STATE AS OF YESTERDAY THAT SHE'S RECEIVED EVERYTHING THAT IS FILLED OUT.

>> OH, GOOD. >> I'M TRYING.

>> THANK YOU. I REMEMBER YOU FROM THE HEARINGS LAST TIME. I THINK YOU'VE DONE EVERYTHING BUT GOTTEN YOUR CONTRACTOR'S LICENSE BY NOW TRYING TO GET

THIS BUILDING DONE. >> YES.

>> I'LL CONTINUE THIS UNTIL JUNE AND IF IT GOES THROUGH THE PROPER CHANNELS YOU PROBABLY WON'T HAVE TO COME BACK.

>> THANK YOU. I APPRECIATE IT.

THANK YOU. >> YES.

[K. 21-64 506 N 2nd Street Apt B AABAA International Inc. Logan Winn]

OK. >> THE NEXT CASE IS 5K, CASE 2164 APARTMENT A, ABBA INTERNATIONAL INC. IS THE OWNER.

>> CASE NUMBER IS 21-64. ADDRESS 6 NORTH SECOND STREET ARMENT B. OWNER IS AABAA INTERNATIONAL INC., CARE OF HOWELL LESLIE. P.O. BOX 466.

ST. AUGUSTINE, FLORIDA, 32085. ROBERT DREKER.

VIOLATIONS ARE 304.13.2-2018, OPENABLE WINDOWS.

CORRECTIVE ACTIONS REPAIR-REPLACE WINDOWS THAT ARE

NOT OPENABLE. >> DO YOU HAVE ANY PHOTOGRAPHS OR ANYTHING ELSE YOU WANT TO SAY ABOUT THE CASE? OK. THE OTHER THING I WOULD SAY ABOUT THE CASE THERE WAS OTHER ISSUES AT THE PROPERTY, AND I WAS OUT A WEEK OR TWO AGO. I LOOKED AT OTHER ISSUES THAT HAD BEEN RESOLVED, AND THIS IS AT THE THING.

>> OK, THANK YOU. >> THANK YOU.

DID YOU TAKE THE PHOTOGRAPHS? DO THEY FAIRLY AND ACCURATELY

DEPICT WHAT YOU SAW? >> YES.

>> SO WE MOVE THE PHOTOGRAPHS IN AS CITIES ONE COMPOSITE.

>> MOST OF THE PICTURES THERE ARE THE CORRECTIONS THAT HAVE

ALREADY BEEN MADE. >> SPECIAL MAGISTRATE I WOULD AMEND MY MOTION. CAN YOU TELL US WHICH ONE REFERS TO THE SPECIFIC ISSUE THAT IS BEFORE THE SPECIAL MAGISTRATE? JUST THE WINDOW ISSUE. SO WE MOVE JUST MOVE INTO EVIDENCE THE PHOTOSED LMN, PLEASE.

>> IT WILL BE ADMITTED. >> I DON'T HAVE ANYTHING

FURTHER. >> OK.

WOULD YOU STATE YOUR NAME. >> AND MISS BENTON, HOW ARE YOU

AFFILIATED WITH THE PROPERTY? >> I'M THE PROPERTY MANAGER.

>> ALL RIGHT. I UNDERSTAND THE ONLY THING LEFT

WOULD BE THE WINDOWS? >> YES.

YES, AND WE ARE DILIGENTLY TRYING TO FIND A CONTRACTOR TO REPLACE THOSE WINDOWS. THEY ARE ORIGINAL.

THEY DO NEED TO BE REPLACED WITH COVID AND EVERYTHING.

I'VE HAD ONE COMPANY TELL ME 30 WEEKS OUT, COUPLE OF COMPANIES I DON'T EVEN GET QUOTES BACK. FROM I AM CURRENTLY WORKING WITH ONE COMPANY THAT SAID I WOULD HAVE A QUOTE LATER TODAY.

SO AS SOON AS WE FIND A COMPANY THAT IS CAPABLE OF -- OF PUTTING IN THE WINDOWS, PULLING THE PERMIT AND GETTING THAT COMPLETED, WE WILL PROCEED WITH THAT.

>> ANYTHING FOR THE -- AND I'LL CONTINUE THIS.

YOU THINK YOU'LL HAVE IT DONE BY JUNE?

>> I'M HOPING AT LEAST BEING ABLE TO PULL A PERMIT BY JUNE.

THE COMPANY THAT I'M ANTICIPATED THE QUOTE FROM TODAY, SAID THEY ARE ABOUT TEN WEEKS OUT. SO WITH TRYING TO GET PRODUCT

AND SO FORTH. >> I'LL CONTINUE THIS UNTIL THE

[01:10:02]

JUNE DOCKET. THAT SHOULD GIVE YOU ENOUGH TIME. IF YOU HAVE PROBLEMS, LET

BUILDING KNOW. >> OK.

WILL DO. PERFECT.

THANK YOU, MA'AM. >> NEXT CASE?

>> THE NEXT CASE IS A CALL. A CALL-IN CASE.

[A. 20-2011 2301 Juanita Avenue Gautreau, Anatilde Cris Bossano]

IT'S 5-A, 202011, 2301 JUANITA AVENUE.

AND MATILDA GATRO IS THE OWNER AND IT'S MR. GATROW I'LL BE CALLING. -- DP AUTREAU.

>> HELLO. >> HELLO?

>> MR. GAUTREAU? >> YES.

>> HI, THIS IS ELIZABETH. THIS IS ELIZABETH.

>> HI, GOOD MORNING. >> GOOD MORNING.

YOU'RE IN AUDIO ATTENDANCE AT THE SPECIAL MAGISTRATE HEARING.

>> OK. >> I'LL HAVE IT SWEAR NEW FOR TESTIMONY COULD YOU PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR

NAME. >> MAHALO GAUTREAU.

>> OK. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. YES, I DO.

>> THANK YOU. ON THE NEXT VOICE YOU HEAR WILL

BE THE SPECIAL MAGISTRATE. >> GOOD MORNING, SIR.

>> GOOD MORNING, GOOD MORNING. >> GOOD MORNING.

I'M THE SPECIAL MAGISTRATE WHO WILL PRESIDE OVER YOUR HEARING.

THE NEXT VICE YOU HEAR WILL BE FRO MR. BOSSANO WHO WILL PRESENT THE CASE ON BEHALF OF THE CITY.

MR. BOSSANO. >> GOOD MORNING.

MY NAME IS CRIS BOSSANO I'M THE INSPECTOR FOR FORT PIERCE.

>> YOU'RE PREVIOUSLY SWORN. >> YES.

>> THANK YOU. THE CASE NUMBER IS 20-2011.

THE ADD DES 230 JUANITA AVENUE. -- ADDRESS.

THE CASE DATE IS SEPTEMBER 3, 2020.

THE OWNERS ANATILDE GAUTREAU, 161 BELMONT PARKWAY, HEMP STEAD NEW YORK -- HEMPSTEAD, NEW YORK. VIOLATION WAS PERMIT REQUIRED.

I BELIEVE THAT THEY HAVE A DIFFERENT KIND OF PERMITS FOR THIS -- FOR HAD ADDRESS. [INAUDIBLE] THE FIRST TIME THERE NEED TO BE PERMITS FOR BUILDING MECHANICAL, ELECTRICAL AND PLUMBING. BUT THEY GET PERMITS FOR THE

BUILDING. >> I'M SORRY.

CAN WEFY IT? SO -- CAN WE CLARIFY IT? WHEN YOU NOTED VIOLATIONS, YOU SAID THE RESPONDENT NEEDED PERMITS FOR BUILDING, MECHANICAL ELECTRICAL AND PLUMBING BUT THEY OBTAINED A DIFFERENT TYPE OF PERMIT?

IS THAT WHAT YOU'RE SAYING? >> YES.

I SEE THEY HAVE PERMITS FOR THE ROOF.

>> OK. >> I REALLY DON'T KNOW ABOUT

BUILDING PERMITS. >> SO CAN I ASK MR. COSS WHO WAS PREVIOUSLY SWORN? MR. COSS, CAN YOU TELL US THE PERMIT THEY ACTUALLY OBTAINED? WHY THAT DOESN'T CUT THE WORK --

COVER THE WORK CITED HERE. >> YES THE BUILDING PERMIT OBTAINED DOES NOT COVER ANY THE MECHANICAL OR ELECTRICAL WORK

PREVIOUSLY DONE. >> OK.

CAN I ASK MR. BOSSANO WHETHER OR NOT WERE ANY PHOTOGRAPHS SENT TO

THE RESPONDENT ON THIS CASE? >> THE.

>> SO MR. BOSSANO, YOU STATED THAT YOU SAW WORK ONGOING, IS

THAT CORRECT? >> YES.

>> OK. CAN YOU DESCRIBE SPECIFICALLY

WHAT YOU SAW? >> WELL THEY WAS -- THEY WAS RENOVATING COMPLETE HOUSE. THEY TOOK FRAMING, INTERIOR -- INTERIOR RENOVATION BUT WITH NO PERMITS.

AND THEY MAKE MECHANICAL. >> SO YOU SAID YOU SAW FRAEMING BEING DONE, WHAT KIND OF MECHANICAL?

>> MECHANICAL AC. AC UNIT.

>> INSTALLATION OF AN AC UNIT WITHOUT A PERMIT.

>> EVERYTHING WAS OUT FROM THE HOUSE.

AND THERE WAS KEEPING DOING NO PERMITS THE WINDOWS.

>> OK. >> CAN YOU GO BACK OVER THE

ELECTRICAL AND PLUMBING PLEASE. >> ELECTRICAL AND PLUM OK.

SO WHAT KIND OF ELECTRICAL WORK. >> ELECTRICAL COMPLETE WIRING OF

[01:15:05]

THE COMPLETE HOUSE. >> SO THEY WERE WIRING A COMPLETE HOUSE WITHOUT A PERM SIT IN OK.

WHAT KIND OF PLUMBING DID YOU OBSERVE?

>> THE PLUMBING THEY WAS LIKE, THEY -- THEY -- [INAUDIBLE] THE WATER HEATED. THEY REMOVE ALL THE PLUMBING FOR THAT AND ADD ALL THE KITCHENS AND BATHROOMS.

>> OK. >> OK.

SO ALL THOSE THINGS THEY WERE SUPPOSED TO HAVE PERMITS FOR BUT THEY DID NOT. OK.

ANYTHING FURTHER? OK.

SPECIAL MAGISTRATE, I HAVE NOTHING ELSE.

>> OK. MR. GAUTREAU?

>> YES. >> DID YOU THE RESPONSES MADE BY MR. BOSSANO REFERENCING THIS PROPERTY?

>> YES, I CERTAINLY DID. >> HAVE YOU MADE ANY STEPS TOWARDS OBTAINING THE NECESSARY PERMITS?

>> YES, I THINK WE HAVE ACTUALLY MADE THE STEPS TO DO THE AC.

THE AC GUY WAS SUPPOSED TO HAVE DONE THESE PERMITS FOR US, BUT BY THE WAY, IT WAS A -- AC INSTALLED HERE.

I'M ASSUMING WE DO NEED A PERMIT FOR IT.

I WAS NOT AWARE OF THAT UNTIL IT WAS A HUGE UNIT.

THE OTHER PERMIT IN PLACE RIGHT NOW I THINK FOR THE PLUMBING.

WHAT WE DID THE PLUMBING PERMIT JUST BASED ON THE FACT WE HAD A VIOLATION FOR IT. BUT JUST SO YOU'RE AWARE THE PLUMBING WORK THIS WAS DONE IN THERE, WE REMOVED AND CHANGED TWO TARGETS. BUT IN TERMS OF STRUCTURE PLUMBING AND I'M NOT QUITE WITH THE LAW THERE WAS NO STRUCTURE PLUMBING DONE. THERE WERE REPAIRS UNDER THE KITCHEN SIN THAK THEY HAD TO BE CONNECTED BECAUSE THAT HOUSE WAS ABSOLUTELY NOT KEPT. SO WE DID REMOVE A LOT OF THE PANEL WALLS. THERE WERE PANELS AND SHEETROCK.

SO WE REMOVED THE PANELS, AND THEN WE REMOVED THE SHEETROCK.

ALL THE WALLS THAT WERE ORIGINALLY ARE THERE.

WE DIDN'T WANT TO MESS WITH ANYTHING.

SO ABSOLUTELY WHAT THE PICTURES DO SHOW IS THAT WHEN WE TOOK OFF THE CEILING AND THERE IS A DIE GRAPH.

ALL THE WALLS REPLACED, SHEET ROCK WALLS THERE WERE WIRES HANGING FROM THE AIR CONDITIONING UNIT GOING TO THE BACK TO THE AIR HANDLER, OK. AND THOSE WIRES WERE LOOSE AND THE CEILING -- WHATEVER YOU CALL THAT THAT YOU HAVE IN THE CEILING -- I GUESS THE FRAMES OF THE CEILING -- WE REMOVE I THINK ABOUT THREE CEILINGS AT 2 1/2. THOSE WOODS WERE EXPOSED.

AND STRONG. THEY HAD TO BE BECAUSE IN ORDER TO PUT THE NEW SHEETROCK YOU HAD TO REMOVE AND TAKE OFF ALL THE NAILS AND PUT IN THE NEW SHEETROCK.

>> SIR? SIR, SIR.

MR. GAUTREAU, HAVE YOU OBTAINED THE NECESSARY PERMITS TO DO THIS

WORK? >> YES.

WE ARE IN THE PROCESS. I THINK THERE WERE TWO PERMITS IN THE PROCESS AND ONE WAS FILED YESTERDAY.

THE ISSUE, MA'AM, JUST SO YOU UNDERSTAND WE'RE NOT THERE.

OK. WE'RE GOING TO BE BACK THERE ON FRIDAY. IF I WAS THERE AND I WAS ABLE TO -- I WOULD HAVE HAD THIS ALL RESOLVED.

WE ARE IN NEW YORK SO WE COULD NOT LEAVE NEW YORK CITY UNTIL YESTERDAY, WHICH IS THE -- IN FACT ENDED YESTERDAY.

WE ARE DONE WORKING FOR -- MA'AM AND WE HAVE PERMITS FOR EVERYTHING WE HAVE DONE. I AM IN THE PROCESS AND I WILL HAVE EVERY PERMIT IN PLACE BECAUSE WE REALLY WANT TO DO THE RIGHT THING. OKAY.

I GUESS YOU'RE TELLING ME -- GOING BACK AND FORTH WITH WHAT IS DONE AND WHAT WENT DONE. THE POINT IS I SHOULD HAVE HAD SO MUCH IN PLACE AND I WILL HAVE THOSE PERM IN ITS PLACE.

WHAT HAS HINDERED ME FROM DOING IT IS THE FACT THAT I'M NOT IN FORT PIERCE AND I CAN'T TRAVEL TO FORT PIERCE.

I'LL BE THERE ON FRIDAY, AND THEN WHATEVER PERMITS ARE MISSING, I HAD A CONVERSATION WITH MISS BECK.

I WILL HAVE THOSE PERM IN ITS PLACE.

WE HAVE PAID TWO DIFFERENT SETS OF PEOPLE FOR THE PERMITS AND THEY NEVER HAPPENED TWICE. IT'S ALL FOR NOT CHOOSING THE RIGHT PEOPLE. I WANT TO DO WHATEVER IS RIGHT.

I HAVE NO INTENTION OF DOING ANYTHING ILLEGALLY.

IF I DID, I APOLOGIZE FOR IT AND I WILL CORRECT IT THE AND ANY OTHER PROPERTY THAT I HAVE, I HAVE OTHER PROPERTYIES THAT I DO WORK ON. THERE WILL BE PERMITS PULLED FOR THOSE. THAT'S WHAT I HAVE TO SAY.

THERE IS NO INTENTION HERE TO TRY TO NOT -- SAVE A COUPLE HUNDRED DOLLARS BY NOT PULLING A PERMIT.

[01:20:01]

THERE IS ABSOLUTELY NONE. >> OK, SIR.

ANYTHING FURTHER? >> NO.

JUST GOING FORWARD. I WILL MAKE SURE THAT I DO WHAT I NEED TO DO TO ABIDE BY THE CITY RULES.

>> ALL RIGHT. THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 2301 JUANITA AVENUE AND GAUTREAU THE RESPONSIBLE PARTY.

I WILL GIVE YOU 60 DAYS TO OBTAIN PERMITS AND INSPECTION AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED, COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR FINE OF $100 PER DAY WILL BE ASSESSED. SO WHEN YOU GET HERE NEXT WEEK, YOU NEED TO CONTACT THE CITY'S BUILDING DEPARTMENT AND PULL THE

NECESSARY PERMITS, OK? >> ALL RIGHT.

JUST ONE QUESTION, YOUR HONOR. THE $100 FINE STARTS IF I DON'T COMPLY. IS THAT FROM MY UNDERSTANDING?

>> THAT'S CORRECT. >> OK.

I WILL COMPLY. I GUARANTEE THAT.

>> THANK YOU. GOOD LUCK.

YOU HAVE 30 DAYS TO APPEAL MY DECISION.

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

GOOD LUCK. >> OK.

THANK YOU VERY MUCH. OK, BYE-BYE.

>> NEXT CASE? >> THE NEXT CASE IS ALSO A

[H. 20-2812 1103 N 13th St Jerger, Cathy Logan Winn]

CALL-IN CASE. IT'S CASE 5-H.

20-2812, 1103 NORTH 13TH STREET. CATHY JERGER IS THE OWNER.

HOW MAY I HELP YOU. >> HI THERE CRATH THINK IS ELIZABETH WITH THE CITY OF FORT PIERCE BUILDING DEPARTMENT.

>> YES, MA'AM. >> YOU ARE IN AUDIO ATTENDANCE OF THE SPECIAL MAGISTRATE HEARING.

CAN YOU PLEASE RAISE YOUR RIGHT HAND AND BE SWORN?

>> YES, 34578. >> CAN YOU STATE YOUR NAME FOR

THE RECORD. >> CATHY JERGER.

>> DO YOU SWEAR FROM THE TESTIMONY THAT YOU WILL PROVIDE

WILL BE THE TRUTH? >> YES, I DO.

>> THANK YOU. THE NEXT VOICE YOU HEAR WILL BE

THE SPECIAL MAGISTRATE. >> YES, MA'AM.

>> MORNING, MISS JERGER. >> GOOD MORNING, MAGISTRATE.

>> MY NAME IS FRAN ROSS THE SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARINGS.

>> YES, MA'AM. >> THE NEXT VOICE YOU HEAR WILL BE FROM THE BUILDING INSPECTOR MR. LOGAN WINN.

>> YES, MA'AM AM. >> GOOD MORNING, MISS JERGER.

>> GOOD MORNING, MR. LOGAN. >> THE CASE WE HAVE HERE IS CASE NUMBER 20-2812. AT 1103 NORTH 13TH STREET.

THE CASE WAS INITIATED DECEMBER 22ND OF 2020.

THE OWNER IS CATHY JERGER OF 10615 PINE NEEDLE DRIVE OF FORT PIERCE FLORIDA 34945. VIOLATIONS INCLUDE IPMC 505.4-2018 WATER HEATING FACILITIES.

IPMC 304.13.2-2018 OPENABLE WINDOWS.

IPMC 305.3-2018 INTERIOR SURFACES.

CORRECTIVESS ARE REPLAYER/REPLACE WATER HEATER THAT IS LEAKING. REPAIR MISSING DRYWALL BEHIND THE WATER HEATER. AND REPAIR/REPLACE WINDOWS THAT ARE NOT OPENABLE. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND VIOLATION EXISTS THE VIAL STATEOR BE GIVEN 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS, MAKE SURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED. I DO HAVE PICTURES.

>> THANK YOU. >> WERE THE PICTURES SENT TO THE

RESPONDENT? >> YES, MA'AM.

>> OK. DID YOU TAKE THE PICTURES? DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW.

>> YES, MA'AM. >> AT THIS TIME WE MOVE THE

PHOTOS INTO COMPOSITE. >> IT IS MOVED AS SUCH.

>> IS THERE ANYTHING YOU'D LIKE TO ABOUT THE PICTURES?

>> THE ONE PICTURE MAY BE A LITTLE -- PICTURE B, I WAS TRYING TO SHOW WATER ON THE FLOOR.

I DON'T KNOW IF YOU CAN DEPICT THAT VERY WELL.

THAT'S WHAT THIS IS INTENDED TO SHOW.

THE FIRST PICTURE SHOWS THE HOLE BEHIND THE WATER HEATER, REFERRED TO AS THE DRYWALL THAT'S MISSING.

>> WAS THIS REFERRED TO AS A TENANT COMPLAINT?

>> YES, MA'AM. THERE'S ALSO TWO OTHER PICTURES OF THE WINDOWS THAT ARE NOT OPENABLE, AND FAIRLY LARGE GAP

[01:25:10]

BETWEEN THE UPPER AND -- >> THAT IS D? THE LAST PHOTOGRAPH. OK.

ANYTHING ELSE? >> I DID TALK TO HER THE OTHER DAY. SHE INFORMED ME SHE MADE THE REPAIR TO THE WATER HEATER TO STOP THE WATER LEAK AND SHE WAS WAITING TO HAVE SOMEBODY COME OUT IT MAKE THE REPAIRS TO THE WINDOWS TOLD HER TO CONTACT ME SO THE REPAIRS COULD BE MADE.

>> ANYTHING? MISS JERGER, HOW DO YOU RESPOND

TO THE ALLEGATIONS? >> WELL MAGISTRATE ROSS, THE TENANT IN THAT APARTMENT, MRS. -- MRS. KELLY.

BASICALLY, WITH THE HOT WATER HEATER THERE WAS NOTHING WRONG IT. HER HUSBAND TRIED TO TWIST OUT THE BOATS. SO WHEN I HAD THE MAINTENANCE MAN WHO HIRED MY WORK TO DO THERE HE FOUND OUT THAT BOATS WERE TWISTED OUT INSTEAD OF ALL THE WAY DOWN INTO THE TWO WATER BOATS ON. THERE THE TENANT THE TIME WAS BEHIND IN HER RENT. SO I'M ASSUMING THAT'S WHY SHE CALLED CODE ENFORCEMENT. BUT I HAVE RIGHT NOW CHAUNCEY'S GLASS WENT OVER THERE YESTERDAY. THE WINDOWS DO OPEN, BUT SOMEONE TOOK THE BOUNCERS OFF OF EACH SIDE OF THE WINDOWS -- I GETS PREVIOUS TENANTS THIS HAVE STAYED THERE IN THE PAST.

SO I HAVE CHAUNCEY'S GLASS WENT OVER YESTERDAY.

THEY ARE ORDERING THE BALANCE TO GO ON EACH SIDE OF THE WIND OSMT THE WINDOWS DO OPEN. THERE IS NOTHING TO HOLD THEM UP LIKE THE SPRINGS ON THE SIDE. SO CHAUNCEY'S GLASS IS GOING TO REPLACE ALL OF THAT IN ALL THE APARTMENTS FOR ME SIDE A AND SIDE B, EVEN THOUGH SIDE-A IS THE ONE THAT MADE THE COMPLAINT.

AND THE HOLD THAT IS BEHIND THE HOT WATER HEATER IS NOT A HOLE.

THAT'S THE TAPE THAT CAME THE I GUESS IT SWEATS IN THERE.

THAT TAPE CAME OFF THE DRYWALL. SO I'M HAVING THAT TAPE PUT BACK ON THERE AND HAVING THE MUD PUT BACK OVER IT.

>> SO WHEN DO YOU EXPECT IN FOR TO OCCUR?

>> WELL CHAUNCEY GLAS IS ORDERING THE SIDES -- GLASS IS ORDERING THE SIDES FOR THE BOUNCE AS WE SPEAK RIGHT NOW, SO I'M JUST WAITING FOR IT TO COME IN.

SO IT SHOULD BE DONE PROBABLY BEFORE THE END OF MAY.

I'M ASSUMING THAT BECAUSE THEY WENT THERE YESTERDAY TO TAKE THE MEASUREMENTS TO ORDER THE STUFF SO WE'RE WAITING ON THAT TO COME

IN. >> EXPLAIN TO ME THE HOLE BEHIND THE HOT WATER HEATER. WHAT HAPPENED THERE?

>> THAT IS THE TAPE. THAT IS NOT A HOLE.

THAT TAPE HAS COME OFF FROM WHERE THE DRYWALL MEETS THE BOTTOM. THAT IS WHERE THE PLUMBING -- THERE'S A PLUMBING PIPE THERE THAT TAPE CAME OFF.

THAT'S NOT A HOLE BEHIND THE HOT WATER HEATER.

IT LOOKS LIKE A HOLE. BUT IF YOU SEE IT SHINE YOUR LIGHT IN THERE YOU'LL SEE THE TAPE IS OFF.

I WENT INSIDE PERSONALLY MYSELF AND GOT DOWN ON MY KNEES AND SIGNED MY FLASHLIGHT THERE. THAT MUD TAPE.

THEY PUT THE WHITE TAPE TO SEAL THE SEEMS WHERE THE DRYWALL BOARDS GO TOGETHER. THAT IS THE SEAM WHERE THE TAPE

HAS CAME OFF. >> SO WHEN DO YOU EXPECT FOR

THESE REPAIRS TO BE COMPLETED. >> WELL THE HOT WATER HEATER IS NOT LEAKING AT ALL ANYMORE AND I SENT CHAUNCEY OVER THERE YESTERDAY, SO IT SHOULD BE COMPLETED.

I SAY IF YOU GIVE ME BY MONDAY THE 31ST ALL SHOULD BE DONE.

THE BALANCE SHOULD BE IN THE WINDOWS.

I'M WAITING ON CHAUNCEY'S GLASS. I PAID THEM $65 TO GO OUT THERE AND DO THE MEASUREMENT AND PUT THE BALANCE FROM THE SIDE SO IT SHOULD BE DONE HOPEFULLY THEY WILL HAVE THAT INCONVENIENT FORY BEFORE BEFORE THE 31ST OF MAY. AND EVERYTHING SHOULD BE DONE.

>> DOES THE CITY HAVE A POSITION ON THIS?

>> SPECIAL MAGISTRATE STAFF WOULD RECOMMENDED CONTAINING THIS CASE -- CONTINUING HAD CASE UNTIL YOUR JUNE HEARING.

IF IT'S BROUGHT INTO COMPLIANCE BY THEN THE MATTER CAN BE

PULLED. >> ALL RIGHT DID.

YOU HEAR IT MISS JERGER? >> YES, MA'AM, I DID.

>> WHAT I'LL DO IS CONTINUE THIS UNTIL THE JUNE 15TH DOCKET.

STAY IN TOUCH WITH BUILDING. SO IF HE CAN COME OUT AND INSPECT ONCE THE REPAIRS HAVE BEEN DONE.

WHEN THEY ARE DONE YOU WON'T HAVE TO COME BACK.

IF NOT, THE NEXT MEETING FOR THIS WILL BE JUNE 15TH.

[01:30:01]

>> YES, MA'AM. >> THANK YOU.

GOOD LUCK. >> THANK YOU VERY MUCH.

BYE. >> BYE-BYE.

>> NEXT CASE? >> THE NEXT CASE IS 5-F, 20-2749

[F. 20-2749 3403 W Lake Dr - Unit 3407 Agnes, Leslie J Frank Remling]

3443 WEST LAKE DRIVE UNIT 3407. LESLIE J. AGNES IS THE OWNER.

>> THE REMAINING CASE NOT TELEPHONIC HEARINGS CORRECT.

>> NO, THEY ARE JUST NOT PRESENT.

>> SO CAN I PROCEED WITH QUESTIONING THEN?

>> YES. GOOD MORNING AND MR. REMLING

WERE YOU SENT CASE 20-2749. >> YES MA'AM.

>> IS THAT LOCATION 3403 WEST LAKE DRIVE UNIT 3407.

>> MA'AM. >> AND WAS THIS CASE INITIATED

ON OR ABOUT DECEMBER 9TH OF. >> MA'AM.

>> AND THE VIOLATIONS THAT APPEAR ON THIS MORNING'S RAEJ THOSE STILL THE VIOLATIONS THAT ARE ALLEGED?

>> YES, MA'AM. >> THE CORRECTIVE ACTIONS ARE STILL THOSE THE CORRECTIVE ACTIONS YOU'RE RECOMMENDEDING?

>> YES, MA'AM. >> DID YOU TAKE ANY PHOTOGRAPHS

BASED ON YOUR INSPECTION? >> YES, I DID.

>> OK, AND DID THOSE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT

WHAT YOU SAW? >> YES.

>> SO AT THIS TIME WE MOVE THE PHOTOGRAPHS IN AS CITIES ONE COMPOSITE NOTING THERE'S NO RESPONDENT FOR THE RECORD.

>> THEY WILL BE ADMITTED AS SUCH.

>> OK. IS THERE ANYTHING THAT YOU WOULD LIKE TO SAY WITH REGARD TO THE PHOTOGRAPHS?

>> YOU CAN SEE WHERE THE SOFFIT ON A AND B ARE COMING DOWN AND C AND D THROUGH THE HOUSE WHERE THE SOFFIT WAS COMING DOWN.

AND THE PLUMBING ISSUES THEY HAD THESE BUCKETS INSIDE THERE.

THE TUB PICTURE E. AND G AND H ARE ISSUES UNDERNEATH -- G IS UNDERNEATH THE KITCHEN SINK WHERE THEY HAVE LITTLE PAILS THAT CATCH WATER WHERE THEY ARE LEAKING AND H CERNDS ME. THEY TOOK THE CLEANOUT OUTSIDE AND IT WAS JUST RUNNING OUT ONTO THE GROUND.

SO SO THE SEWAGE. SO THAT'S THE ONE THAT REALLY THEY NEED TO GET FIXED. I WOULD THINK THAT THEY WOULD HAVE TO GET IT FIXED BUT I HAVEN'T BEEN BACK OUT TO SEE.

>> HAVE THEY CONTACTED YOU TO ASK YOU TO DO A REINSPECTION?

>> YES, MA'AM. >> DO YOU KNOW OF ANY PERMITS THAT WERE APPLIED FOR WITH REGARDS TO THE PROPERTY?

>> NO, THEY WERE NOT. >> ANYTHING FURTHER?

>> NO, MA'AM. >> SO THE SPECIAL MAGISTRATE WE WOULD ASK THE YOU FOLLOW THE RECOMMENDATIONS SET FORTH ON

THIS MORNING'S AGENDA. >> THANK YOU.

>> DOES HERE ON BEHALF OF LESLIE J. AGNES.

NOBODY PRESENT, NO SPONTS. I FIND THAT VIOLATION EXIST AT 3403 WEST LAKE DRIVE UNIT 347 BASED ON THE EVIDENCE AND TESTIMONY PRESENTED. LESLIE J. AGNES IS THE RESPONSE TO THE PARTY. I WOULD GIVE THE VIOLATOR 60 DAYS TO OBTAIN A PERMIT, OBTAIN AL PRUFL FOR ALL REQUIRED INSPECTIONS THAT LEAVES 180 DAYS UNTIL THE PERMIT AS BEEN CLOSED -- APPROVAL. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRED OR FILE $100 PER DAY BE ASSESSED.

30 DAYS TO APPEAL. >> THE NEXT CASE IS 5G, 20-2801

[G. 20-2802 2007 Oleander Ave, Unit A Pretorius, Leonard Frank Remling]

2007 OLEANDER AVENUE UNIT A, LEONARD PORIUS IS THE OWNER.

>> SO MR. REMLING YOU WERE PREVIOUSLY SWORN.

>> YES MA'AM. >> WERE YOU ASSIGNED TO WORK ON

CASE 20-2802. >> YES, MA'AM.

>> IS THAT ADDRESS 2007 OLEANDER AVENUE UNIT A.

>> YES. >> ARE THOSE STILL THE

VIOLATIONS SNEELGD YES. >> AND THE CORRECTIVE ACTIONS ON THIS MORNING'S AGENDA ARE STILL THE CORRECTIVE ACTIONS YOU'RE

RECOMMENDEDING. >> YES THEY ARE.

>> DID YOU TAKE ANY PHOTOGRAPHS. >> YES MA'AM I DID.

>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?

>> YES, THEY DO. >> NOTING NO SPON ENTER PRESENT WE MOVE THE PHOTOGRAPHS IN AS ONE COMPOSITE.

>> THANK YOU. WILL THEY BE ADMITED?

>> THEY WILL BE ADMITTED. SO IS THERE ANYTHING YOU WANT TO

SAY ABOUT THE PHOTOS? >> YES, MA'AM.

PICTURE A IS LEAK UNDERNEATH THE KITCHEN SINK AND YOU CAN SEE WHERE IT'S KIND OF YELLOW. YOU CAN SEE THAT'S THE WATER COMING OUT FROM UNDERNEATH THE KITCHEN.

AND PICTURE B IS UNDERNEATH THE KITCHEN WHERE THAT HOLE IS.

[01:35:06]

I THINK IT'S A TOWEL OR SOMETHING TRYING TO STOP THE WATER. PICTURE C AND D IS ADJACENT TO THE KITCHEN. YOU CAN SEE WHERE THE RUG IS ALL

ET ON PICTURE C AND D. >> WAS THIS A TENANT COMPLAINT

AS WELL? >> YES, MA'AM.

>> OK. ANYTHING ELSE?

>> NO, MA'AM. I HAVEN'T BEEN BACK THERE TO DO

ANY KIND OF INSPECTION. >> YOU HAVEN'T BEEN CONTACTED TO

DO SO EITHER. >> OK.

SO SPECIAL MAGISTRATE, WE WOULD ASK YOU FOLLOW THE RECOMMENDATIONS SET FORTH ON MORNING'S AGENDA?

>> THANK YOU. IS ANYONE HERE ON BEHALF OF PRETORIUS LEONARD. PRETORIUS LEONARD IS NOT HERE.

BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND VIOLATION EXISTS AT 2007 OLEANDER AVENUE UNIT A, AND THAT LEONARD PRETORIUS IS THE RESPONSIBLE PARTY FOR THE VIOLATION. I WILL GIVE HIM 60 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.

COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CUE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER, OR FINE $100 A DAY TO

ASSESS OR 30 DAYS TO APPEAL. >> NEXT CASE IS A-I, 21-58, 1310

[I. 21-58 1310 N 16th Court Ft Pierce Empire 1 Holdings LLC Frank Remling]

NORTH 16TH COURT FORT PIERCE EMPIRE ONE HOLDINGS LLC IS THE

OWNER. >> WERE YOU PREVIOUSLY SWORN AND

ASSIGNED TO CASE NUMBER 21-58. >> YES MA'AM.

>> IS THAT ADDRESS 1310 NORTH 16TH COURT IN FORT PIERCE.

>> YES. >> ARE THOSE STILL THE VIOLATIONS ALLEGED? AND THE CORRECTIVE ACTION THAT'S APPEAR ON THIS MORNING'S AGENDA, ARE THOSE STILL THE CORRECTIVE

ACTIONS? >> YES, MA'AM.

>> OK. DID YOU TAKE ANY PHOTOGRAPHS

WHEN YOU INSPECTED THE PROPERTY? >> YES, I DID.

>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW.

>> MA'AM. >> NOTING NO RESPONDENT WE MOVE THE PHOTOGRAPHS IN AS CITY ONE COMPOSITE.

>> IT WILL BE ADMITTED AS SUCH. >> IS THERE ANYTHING YOU'D LIKE TO SAY ABOUT THE PHOTOGRAPHS? SNICT.

>> PICTURES A AND B SHOW THE HOT WATTER WHERE IT HAD BEEN.

YOU CAN SEE THE STREAKS OF WATER THAT WERE RUNNING DOWN.

THERE WAS VERY LITTLE WATER WHEN I WAS THERE.

YOU CAN SEE WHERE IT HAS BEEN LEAKING.

>> OK. I HAVE NOTHING FURTHER.

>> THANK YOU. >> I JUST ASK YOU FOLLOW THE RECOMMENDATIONS ON THE AGENDA, EXCUSE ME.

>> NEXT ON THE EVIDENCE AND TESTIMONY.

THERE BEING NO ONE HERE ON BEHALF OF FORT PIERCE EMPIRE 1 HOLDINGS LLC I FIND VIOLATIONS OCCUR AT 1310 NORTH 16TH STREET AND THEY ARE THE RESPONSIBLE PARTY.

I WILL GIVE THEM 60 DAYS TO OBTAIN A PERMIT.

OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY ONE 80 DAYS UNTIL THE PERMIT HAS BEEN CLOSED, COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OF THE VIOLATIONS PRESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR BE FINED A DAY AND YOU HAVE 30 DAYS TO APPEAL. THANK YOU.

[J. 21-62 404 N 28th Street Mathieu, Josette Joseph, Marie Frank Remling ]

>> LAST CASE 5-J, 21-62, 404 NORTH 28TH STREET THOSE THAT MATHIEU, JOSETTE MARIE ARE THE OWNERS.

>> AGAIN WERE YOU ASSIGNED TO THIS CASE AND PREVIOUSLY SWORN?

>> YES, MA'AM. >> IS THAT ADDRESS FOR 404 NORTH

28TH STREET IN FORT PIERCE. >> IT IS.

>> WAS THIS CASE INITIATED ON JANUARY 14TH OF THIS YEAR.

>> YES MA'AM. >> OK AND VIOLATIONS APPEAR ON THIS MORNING AGENDAS ARE ALLEGED VIOLATIONS? AND THE CORRECTIVE ACTION THAT'S APPEAR ON THIS MORNING'S AGENDAS ARE THOSE STILL THE RECOMMENDED CORRECTIVE ACTIONS? OK. DID YOU TAKE ANY PHOTOS PURSUANT

TO YOUR INVESTIGATION? >> YES.

>> DO THEY FAIRLY AND ACCURATELY PREDICT WHAT YOU SAW?

>> YES, MA'AM. >> NOTE NOTHING RESPONDENT PRESENT WE MOVE THE FOT KNOWS AS CITY ONE COMPOSITE.

>> THEY WILL BE ADMITTED AS SUCH.

>> THANK YOU. >> IS THERE ANYTHING YOU'D LIKE

IT SAY ABOUT THE PHOTOS? >> YES, MA'AM.

I GUESS THIS IS IT'S ONE BUILDING, BUT THERE ARE THREE APARTMENTS THERE. AND PICTURES A SHOWS THE UNIT IN THE BACK. AND PICTURE B SHOWS THE TWO DOORS THAT ARE DIFFERENT OCCUPANTS ON THAT HOUSE.

[01:40:06]

AND C AND D SHOWS THE HOLES IF THE CEILING WHERE THE ROOF WAS

LEAKING. >> AND YOU'VE NOT BEEN CONTACTED

FOR ANY REINSPECTION? >> I HAVE NOT.

>> ANYTHING ELSE YOU WANT TO ADD?

>> NO, MA'AM. >> SPECIAL MAGISTRATE AT THIS TIME WE'D ASK YOU FOLLOW THE RECOMMENDATIONS SET FORTH ON

THISS AGENDA. >> THANK YOU.

THERE BEING NO ONE PRESENT HERE, JUST THAT MATHIEU.

SO BASED ON THE EVIDENCE PRESENTED I FIND VIOLATION EXISTS AT 404 NORTH 28TH STREET AND THEY ARE THE PARTIES RESPONSIBLE FOR THE VIOLATION. I WILL GIVE THEM 60 DAYS TO OBTAIN A PERMIT, OBTAIN AN APPROVAL FOR ALL REQUIRED INSPECTIONS AND 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.

COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OF THE VIOLATIONS PRESCRIBED IN THE ORDER NOT REQUIRING OR FINE $100 FOR EACH ASSESSED PER DAY TO 30 DAYS TO APPEAL.

THANK YOU. >> YES, MA'AM.

NEXT CASE. >> THAT'S IT.

>> SPECIAL MAGISTRATE WE ASK WE PUT ON THE RECORD HOW THE PARTIES WHO FAILED TO APPEAR THIS MORNING WERE NOTICED.

>> NOTICE OF HEARING WAS SENT TO THE VIOLATEORS CERTIFIED MAIL.

GREEN CARD RETURNED SIGNED AND IT IS PLACED IN THE FILE.

IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLEAN WITH THE DATE OF MAILING NOTICE OF HEARING MAILED TO THE VIAL VATOR. A NOTICE OF HEARING WAS SENT REGULAR U.S. MAIL WITHIN AFFIDAVIT OF MAILING ATTACHED TO IT. THE COPY WAS PLACED IN THE INSPECTOR'S FILE. TEN DAYS BEFORE THE HEARING AND NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN THE WILL BE A OF CITY HALL. THE NOTICE APPEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WHEN THE AFFIDAVIT OF POSTING. AT THE CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED UNCLAIMED.

* This transcript was compiled from uncorrected Closed Captioning.