[1. CALL TO ORDER]
[00:00:07]
>> GOOD MORNING MY NAME IS FRAN ROSS I AM THE MAGISTRATE WHO WILL PRESIDE OVER THESE HERRINGS.
IF YOU GOT A CODE OF ORDINANCE FOR YOUR HOUSE OR YOUR PROPERTY AND YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT, YOU HAVE NOT DONE IT AS OF THIS MORNING.
FOR THOSE OF YOU WHO WISH TO BE HEARD, WE WILL CALL YOUR CASE SHORTLY. DOES ANYBODY NEED AN INTERPRETER? OKAY, ALRIGHT IF YOU DO NOT MIND PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA INTO THE REPUBLIC THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
OKAY, DO YOU WANT THEM SWORN NOW? WOULD YOU WANT THEM SWUNG LATER? DO YOU WANT SWORN NOW MISS CAP?>> SURE. >> WHICH ALL PLEASE PLEASE STAND
AGAIN AND BE SWORN. >> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> WE CAN GET THEIR NAMES WHEN THEY COME UP INDIVIDUALLY.
TO INTRODUCE WHERE AFFIRMED THAT THE TESTIMONY YOU'RE ABOUT TO
>> ALL RIGHT, THANK YOU. >> FIRST CASE MADAME CLERK.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> THE FIRST CASES WE WILL GO OVER THE CASES IN COMPLIANCE OR RESCHEDULED. 20-27721350 NORTH U.S. HIGHWAY NUMBER ONE. CNL HOG SHOP.
TWENTY-ONE 022-4100 BLOCK MARINA WAY WENDY LUNES.
TWENTY -- 268-5420 SEAWAY DRIVE. TWENTY -- 2732346 FERNANDINA STREET. 21-81100 BLOCK MARINA WAY.
SEAN HAS WATERS. TWENTY-ONE -- 522420 SEAWAY DRIVE. TWENTY -- 218-4827 SUNRISE BOULEVARD. MELISSA CARGO SHIPPING.
TWENTY -- 26941102 JASMINE AVENUE JACOBO LOZANO.
TWENTY -- 27041121 JASMINE AVENUE.
TWENTY -- 2620 NIGHT 1026 TRINIDAD.
TWENTY -- 273-9520 SOUTH IS. >> OKAY, ANYTHING ELSE? ALRIGHT WITH THAT BEING DONE, WE WILL PROCEED TO CALL THE CASES
WHERE THE PARTIES ARE PRESENT. >> OKAY SO THE FIRST CASE WILL
[A. 20-2757 PK 1415 S Ocean Drive Summerlins Marine Construction LLC Heather Debevec]
BE 20 -- 27571415 SOUTH OCEAN DRIVE.SUMMERLIN'S VEREEN CONSTRUCTION. >> IS THIS A TELEPHONIC HEARING?
>> I HAVE NOT HAD ANY CONTACT WITH THESE FOLKS AT ALL.
>> SPECIAL MAGISTRATE MAN PROCEED?
>> YES. >> THANK YOU, GOOD MORNING CODE
OFFICER WE PREVIOUSLY SWORN? >> YES MAN.
>> WE ASSIGNED TO CASE NUMBER 2? >> YES, MA'AM.
>> WAS THAT CASE INITIATED? >> DECEMBER 11 OF LAST YEAR.
>> WEARS A CITATION ISSUED? >> 1415 SOUTH OCEAN DRIVE.
>> CAN MUTATE -- BUT CAN YOU TELL US THE NATURE OF THE
VIOLATION? >> IT WAS FOR A TRUCK AND A BOAT TRAILER THAT WAS PARKING IN A REGULAR VEHICLE SPACE INSTEAD OF
PROPER BOAT AND VEHICLE SPACE. >> OKAY SO THE VEHICLE WAS NOT PARKED IN A PLACE THAT WAS PRESENT BLEED DESIGNATED FOR THE
TYPE OF VEHICLE CORRECT? >> YES.
>> OKAY. >> DID YOU TAKE ANY PHOTOGRAPHS.
>> YES. >> TO THE ACCURATELY PORTRAY
TO DIG. >> IT WILL BE ADMITTED.
[00:05:12]
>> IS THERE ANYTHING YOU WOULD LIKE TO SAY ABOUT THE
PHOTOGRAPHS? >> I DON'T BELIEVE SO MA'AM.
>> ARE YOU AWARE OR NOT WHETHER A NOTICE WAS SENT TO THE RESPONDENTS FOR THIS MORNING SERIES?
>> ACCORDING TO THE FILE NOTICE WAS SENT.
>> OKAY. ANYTHING FURTHER TO ADD?
>> IT APPEARS THAT IT HAD BEEN POSTED THAT A GREEN CARD AND NOT
BEEN RECALLED. >> AND NOTICES WAS POSTED FOR
TODAY'S HEARING. >> AS FAR AS I KNOW MA'AM.
>> OKAY THANK YOU. >> ALL RIGHT, ANYTHING FURTHER?
>> KNOW MA'AM? >> ANYONE HERE ON BEHALF OF THE PERSON CITED? ALL RIGHT NEXT CASE.
I HAVE TO RULE, THERE BEING NO ONE HERE ON BEHALF OF THE RESPONDENT, BASED ON EVIDENCE AND TESTIMONY, PRESENTED I FIND THAT A VIOLATION EXISTS. THAT SUMMERLIN'S VEREEN CONSTRUCTION LLC IS THE RESPONSIBLE PARTY.
WHAT IS THE CORRECTIVE ACTION THAT YOU ARE SEEKING?
>> YES, MA'AM, IT IS THE $50 FINE, AND THE $10 ADMINISTRATIVE FEE, THE 18-DOLLAR LATE FEE. IF IT IS NOT PAYING WITHIN 30 DAYS IT GOES OVER TO THE COURT SYSTEM.
>> FOR SOME REASON I DO NOT HAVE THAT SHEET.
BUT ANYWAY, BASED ON THE EVIDENCE AND TESTIMONY PRESENT DID I FAIL THAT A VIOLATION EXISTS.
SUMMERLIN'S VEREEN CONSTRUCTION LLC IS RESPONSIBLE PARTY.
THERE IS NO ONE HERE TO REPRESENT THE RESPONDENT.
THEY WILL BE FINED $50, FOR THE TICKET TED DOLLAR ADMIN FEE, $18 THE AND THEY HAVE 30 DAYS TO APPEAL.
FOR THE RECORD THEY NEED TO KNOW IF IT IS NOT PAID WITHIN A CERTAIN AMOUNT OF TIME IT CAN BE TRANSFERRED OVER TO CIRCUIT COURT. WHERE THEY WILL PROBABLY RECEIVE ADDITIONAL FINES AND FEES. THIRTY DAYS TO APPEAL.
ALL RIGHT THANK YOU. >> OUR NEXT CASE WILL BE 21 --
[B. 21-0312 PK 1900 Block Avenue M Jerger, Ellen Heather Debevec]
312-1900 BLOCK AVENUE M WITH ELLEN JERGER.COME ON OUT. WE WILL SWAY YOU IN.
RIGHT HERE AT THE PODIUM. >> GOOD MORNING.
>> GOOD MORNING. >> RIGHT THERE AT THE PODIUM IS
FINE. >> PLEASE RAISE YOUR RIGHT HAND
AND STATED FOR THE RECORD. >> ELLEN JERGER.
>> DO SWEAR THAT THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH?
>> I DO. >> MAY PROCEED SPECIAL
>> CODE OFFICER GOOD MORNING WE ASSIGNED TO CASE NUMBER 21 -- 0312. WHAT WAS IT INITIATED?
>> FEBRUARY 5 THE SHIP. >> WHERE WAS THE CITATION
ISSUED? >> 1900 BLOCK OF AVENUE M.
>> WHAT WAS THE VIOLATION OBSERVED?
>> VEHICLE PARKED IN THE RIGHT OF WAY.
>> DID YOU TAKE PHOTOGRAPHS? >> YES.
>> TO THE PHOTOGRAPHS ACCURATELY DEPICT WHAT YOU SAW?
>> DID YOU SHOW THEM TO MISS JERGER?
>> KNOW MA'AM I DID NOT. >> I WILL HAND THEM BACK SO THEY CAN LOOK AT THEM. WHILE SHE IS LOOKING AT THE PHOTOGRAPHS CAN YOU CLARIFY THAT THE VEHICLE WAS PARKED IN AN AREA THAT IS NOT DESIGNATED FOR PARKING?
>> CORRECT. >> ONCE YOU HAD A CHANCE TO LOOK
AT THE PHOTOGRAPHS. >> TODAY IS MY FIRST CHANCE LOOKING AT IT. I'VE BEEN A RESIDENT OF
ST. LUCIE COUNTY FOR THE PAST. >> WERE YOU SWORN?
>> YES SHE WAS SWORN. >> SO AT THIS TIME WE REMOVE THAT ONE AS CITIES ONE COMP COMPOSITE.
>> HAVE YOU SEEN THE PHOTOS MISTER?
>> MA'AM I JUST SEEN THEM TODAY. >> DO YOU NEED ENOUGH TIME?
>> I DO HAVE ENOUGH TIME THAT IS GOOD.
>> IS THERE ANYTHING THAT YOU WANT TO SAY ABOUT THE
[00:10:10]
PHOTOGRAPHS? >> I DO NOT BELIEVE SO AT THIS
TIME. >> ANYTHING ELSE WANT TO ADD?
>> NOT THIS TIME. >> I WANT TO SAVE A MINUTE OF SOULFUL REBUTTAL IF NECESSARY AND I DO NOT HAVE ANY FURTHER
QUESTIONS AT THIS TIME. >> MISS JERGER HOW DO YOU
RESPOND? >> I DO FEEL LIKE I'VE BEEN VIOLATED. I BEEN LIVING IN THAT PROPERTY FOR 45 YEARS, THERE IS NO INDICATION THAT THERE WAS NO PARKING OR I AM PARKED ON THE WRONG SIDE OF THE ROAD.
NOW, WHEN THE OFFICER TO COME OUT, SHE DID SAY WE WILL PARKED ON THE ROCKS ON THE ROAD. BUT FOR MANY YEARS, THERE IS NO SIDEWALK ON THAT SIDE OF THE ROAD.
FROM 25TH STREET ALL THE WAY TO 17TH STREET THERE IS NO SIDE, THERE IS NO SIDEWALK ON THE SIDE OF THE ROAD.
SO I DO NOT UNDERSTAND, HOW I WAS PARKED ON THE WRONG SIDE OF THE ROAD? WHEN THERE IS NO SIDEWALK.
FOR YEARS WE HAVE PARKED THERE, AND THERE IS NEVER BEEN A SIDEWALK THERE. NOW SHE COMES AND TELLS ME THAT I AM PARKED ON THE WRONG SIDE OF THE ROAD.
THIS IS WHERE WE HAVE RESIDED FOR THE PAST 50 YEARS.
WE ARE PARKED, AND I HAVE NEVER RECEIVED A TICKET OR CITATION FOR THIS PARKING SPACE. NOW 40 YEARS LATER I GET A TICKET SAYING I PARKED ON THE WRONG SIDE OF THE ROAD.
I AM NOT PAYING THAT. BECAUSE THIS IS WHERE I RESIDE.
THIS IS WHERE MY ADDRESS IS. THAT IS WHAT IS ON MY DRIVER'S LICENSE. IT IS NOT MY FAULT THAT THERE IS NO SIDEWALK, AND NO INDICATION THAT THERE IS NO PARKING THERE.
THERE HAS NEVER BEEN NO PARKING THERE.
NOW I HAVE TO PAY A 50-DOLLAR FINE, BECAUSE OF WHERE I LIVE? I HAVE TO BE RESPONSIBLE FOR A 50-DOLLAR FINE? I DO NOT THINK THAT IS RIGHT MAGISTRATE, ABSOLUTELY NOT THAT IS NOT RIGHT. I AM NOT PAYING IT.
IT IS NOT RIGHT, YOU CANNOT TELL ME I CANNOT PARK THERE BECAUSE THAT'S WHERE I RESIDE AT. THERE IS NO SIDEWALK TO INDICATE THERE IS NO PARKING, OR IN NOTHING TO SAY THAT THERE IS NO PARKING. THAT I CANNOT PARKED THAT WAY, YOU WON THE WRONG SIDE OF THE ROAD.
THERE IS NONE. FOR 50 YEARS THERE IS NEVER BEEN A SIGN UP THERE TO INDICATE THERE IS NO PARKING.
I DO NOT THINK THAT IS FAIR TO ME AND I AM NOT PAYING THAT.
>> I HEARD YOU THREE TIMES, I HEARD YOU OKAY.
THERE IS NO PARKING THERE I MEAN, THERE ISN'T.
THERE IS NO SIDEWALK OR ANYTHING.
IS THERE A SIDEWALK ON THE INSIDE?
NO. >> THERE IS A SIDEWALK ON THE
OTHER SIDE OF THE ROAD. >> I CAN SEE THAT ONE BUT THERE
IS NOT ONE ON YOUR SIDE. >> MA'AM THERE IS NEVER BEEN ONE IN 50 YEARS THERE IS NEVER BEEN ONE.
>> THIS IS A DILEMMA. >> SPECIAL MAGISTRATE IF I MAY, THE CITATION WAS NOT ISSUED OF A SIDEWALK OR WHAT SIDE OF THE STREET. IT WAS FOR PARKING ON CITY
RIGHT-OF-WAY. >> IT SAYS HERE PARKED ON THE RIGHT OF WAY. WHAT YOU MEAN RIGHT AWAY?
>> HOLD ON MISS JERGER, CALM DOWN.
THIS IS A DILEMMA FOR THE RESIDENCE THERE.
>> SPECIAL MAGISTRATE, MAY I ASK IS THERE A DRIVEWAY DO HAVE A
>> USING THE VEHICLES ARE TO BE PART IN THE DRIVEWAY.
I DO NOT KNOW HOW MANY VEHICLES YOU HAVE.
>> DO YOU USE THE DRIVER MISS JERGER?
>> MA'AM? >> TO USE A DRIVEWAY?
>> YES MY SISTER USES THE DRIVEWAY MY VEHICLE RESIDES ON THE SIDE OF THE ROAD. 0 BY THE WAY, THEY WERE FLATTENING MY TIRES THAT'S WHY I MOVED MY CAR.
>> WHO WAS FIGHTING YOUR TI TIRES -- MICHAEL WAS FLATTENING
YOUR TIRES? >> SOMEBODY FROM THE CITY OF
FORT PIERCE I DON'T KNOW? >> I MOVED TO OBJECT.
>> WILL STRIKE THAT FROM THE RECORD.
>> IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD TO THAT?
>> THIS PROPERTY AS A SPOKEN TO MISS JERGER IN THE PAST.
THERE'S AN AREA OF LIKE TWO DRIVEWAYS THERE'S A MAIN DRIVEWAY AND WENT TO THE WEST OF THE PROPERTY AS WELL.
>> YOU DIDN'T SPEAK TO ME, YOU DO NOT SPEAK TO ME.
>> MAYBE IT WAS NOT YOU, BUT IT WILL WAS ANOTHER LEADER THERE, THAT I AM IS SPOKEN WITH I APOLOGIZ IT MAY NOT HAVE BEEN YOU OR FOR WAS HER IT HAS BEEN A WHILE.
>> AND THIS IS THE SAME SITUATION FOR EVERYBODY ON THE
STREET? >> ABSOLUTELY AND I AM THE ONLY
ONE WHO HAS A CITATION. >> THIS IS A BIT UNUSUAL, THAT
[00:15:09]
THERE IS JUST NOT ANYTHING, AND YOU LIVE HERE RIGHT?>> YES. >> I SUPPOSE THE QUESTION SPECIAL MAGISTRATE IS WHETHER UNDER THE CODE WHETHER PURSUANT TO THE CODE, THIS IS PROPERTY OWNER MAINTAINED BY THE CITY.
BECAUSE THE CODE SAYS PARKING IS PROHIBITED ON A CITY RIGHT-OF-WAY, NO PERSON SHALL STOP OR PARK A VEHICLE.
FULLY OR PARTIALLY OR PARTIALLY ON ANY RIGHT-OF-WAY OWNED BY THE CITY. SO, I SUPPOSE THAT IS GOING TO BE THE ISSUE. WHETHER OR NOT BASICALLY WHO OWNS THAT STRIP OF LAND WHERE THE VEHICLE IS PARKED.
>> YES, BUT I AM FAMILIAR WITH THIS AREA.
I HAVE NEVER PAID ANY OF TENSION.
OUR ONLY OTHER RECOURSE OTHER THAN SHARING A DRIVEWAY WITH THE SISTER WOULD BE TO PARK ON THE STREET.
IS THAT CORRECT? >> I CANNOT ANSWER THAT SPECIAL
MAGISTRATE. >> AS I HAVE STATED THIS PROPERTY IS UNIQUE. THERE IS A DRIVEWAY ON THE EAST SIDE WHICH IS WHAT HER SISTER USES.
THERE IS ALSO AN AREA MORE TOWARDS THE WEST, THAT ALSO APPEARS TO BE A DARK DRIVEWAY PARKING AREA AS WELL.
>> IS THAT SOME SUGAR? >> YES, MA'AM.
>> DO PARKED AT? >> YES, MA'AM, MY TIRES WERE BEING SLASHED, SO I HAD TO PARK IT LOCATED IN FRONT OF THE LIGHT RIGHT IN FRONT OF THE LIGHT. I EVEN PUT IN A POLICE REPORT WITH THE CITY OF FORT PIERCE WHEN THEY SLASHED MY TIRES.
>> ONCE OR TWICE? >> THREE TIMES.
>> DID YOUR REPORT ALL THREE INCIDENTS?
>> ABSOLUTELY, DETECTIVE HESTER WAS ON IT FOR A LITTLE WHILE BUT I GUESS HIS BAG GOT A LITTLE FULL.
I DO HAVE A CASE NUMBER. >> DO WE HAVE A PARKING COMMITTEE OR SOMEBODY WHO CAN LOOK AT THIS? THIS WILL BE A DILEMMA FOR A LOT OF PEOPLE ON THE STREET.
>> SPECIAL MAGISTRATE THE ONLY THING I CAN RECOMMEND AT THIS TIME, IF YOU WANT TO CONTINUE THE CASE, I CAN LOOK INTO IT FURTHER TO SEE ACTUALLY WHO SPECIFICALLY WE CAN LOOK WITH.
WHETHER IT BE SURVEYS OF SOME OF THAT NATURE TO SEE WHO WAS THAT PROPERTY. I THINK THAT IS REALLY WHAT IS GOING TO TURN ON FOR PURPOSES OF WAY THE CODE IS WRITTEN.
I AM NOT YOU KNOW, COMMENTING ON ANYTHING ELSE THAT WAS STATED.
OTHER THAN WITH THE CODE SAYS. >> I JUST FORESEE WITH THIS CASE, THAT WILL BE CITATIONS ISSUED FOR PROBABLY ALL THE PEOPLE WHO LIVE IN THAT PARTICULAR PART OF THE CITY ON
THAT STREET. >> MY SISTER ALSO'S RECEIPT CITATION ALSO. SHE PAID HERS.
I AM NOT GOING TO PAY MINE. >> ALLEN DO NOT SAY THAT.
>> SO, SPECIAL MAGISTRATE AGAIN I WILL RESPECTFULLY ASK TO
CONTINUE THIS MATTER. >> LET ME CONTINUE THIS, SEE IF WE CAN FIND A RESOLUTION FOR IT. AND TO LOWER YOUR BRO PRESSURE A LITTLE BIT TOO. ALL RIGHT? WE WILL CONTINUE. AND YOU WILL GET A NOTICE, BECAUSE THIS MAY BE RESOLVED OUTSIDE OF THIS TRIBUNAL.
LET'S JUST SEE WHAT WE CAN DO OKAY? ALRIGHT THANK YOU YOU WILL GET A NOTICE IN THE MAIL FOR THE NEXT
HEARING IF THERE IS ONE. >> OKAY.
>> OKAY ALL RIGHT TAKE CARE. THIS IS INTERESTING THOUGH.
>> THANK YOU. >> ALL RIGHT HAVE A GOOD DAY.
[C. 21-50 CT 1826 Orange Ave Willies Car Care Isaac Saucedo]
ALL RIGHT NEXT CASE MADAME CLARK.>> ALL RIGHT DENICE KREIS WILL BE 21 -- 50, 1826 ORANGE AVENUE,
[00:20:03]
WILLY'S CAR CARE. WE HAVE TWO WITH WILLIE, 21 --50 IN 21 -- 48. >> SORRY WHICH CASE ARE WE DOING
>> I'M SORRY 21 -- 50S A SECOND OFFENSE RIGHT?
>> BOTH OF THEM ARE. >> ALL RIGHT MRS. SALCEDO WHEN
YOU ARE READY. >> THIS IS KATE'S NUMBER 21 -- 501826 ARNETT AVENUE, CASE INITIATED ON JANUARY 2021.
>> ARE A GO AHEAD. >> SO THE CITY REQUESTED THE SPECIAL MAJESTY SEE A VIOLATION BE ASSESSED.
THE TOTAL DUE IS A HUNDRED $28. TO PAY SUCH FINES WILL RESULT IN A CITATION BEING FORWARD TO THE COUNTY COURT SYSTEM.
>> ANYTHING FURTHER? >> NOT FOR ME KNOW THAT.
>> DO HAVE PICTURES? >> I DO HAVE THEM BUT I FORGOT
TO BRING THEM NO. >> BUT WE DO HAVE QUITE A FEW
PICTURES. >> SO WHAT I WOULD AS SPECIAL MAGISTRATE IF WE BE ABLE TO SUPPLEMENT THE FILE WITH THE PAPER PHOTOGRAPHS AND JUST LET ME LAY THE FOUNDATION FOR THE PHOTOGRAPHS THAT APPEAR ON THE SCREEN.
THE IDENTICAL WILL BE INCLUDED IN THE OFFICIAL CLERK FILE.
SO, ONCE WE HAVE HAD A CHANCE TO PACE THROUGH EVERYTHING, I WILL
ASK YOU SOME QUESTIONS. >> OKAY, ARE YOU DONE?
>> OKAY SO YOU TOOK THOSE PHOTOGRAPHS? DO THEY ACCURATELY DEPICT WHAT YOU SELL?
>> THEY DO. >> SO SUBJECT TO WHAT I STATED EARLIER, WE WILL PUT THESE IN AS CITY ONE COMPOSITE.
>> THERE WILL BE A BIT OF THE SUCH.
>> IS THERE ANYTHING THAT YOU WANT TO SAY THE PHOTOGRAPHS REGARDING THE NATURE OF THE VIOLATION?
>> BOTH TOW TRUCKS WERE PARKED ON THE CITY RIGHT-OF-WAY.
I HAVE SPOKE TO MR. WILLIE SEVERAL TIMES ON RESPECT TO THIS ISSUE. I HAD TO BE GIVING A CITATION.
SO HE WAS AWARE OF THE SITUATION.
HE MOVED THEM PROBABLY THE FIRST TIME, AND THEN AFTER THAT THE VEHICLES AND THE TOW TRUCKS CONTINUE TO BE THERE.
SO THAT'S WHEN THE CITATION WAS ISSUED.
>> IS THERE A SIDEWALK UNDERNEATH THE TRUCK AND THAT
PICTURE THAT IS SHOWN RIGHT NOW? >> THERE IS.
>> THAT IS OWNED OR MAINTAINED BY THE CITY?
>> CORRECT. >> ANYTHING ELSE TO ADD?
>> NO. >> MR. SMITH WILL USE ONE? OKAY HOW DO YOU RESPOND? DID YOU SEE THE PICTURES?
>> YES, I DID. >> HOW DO YOU RESPOND?
>> EVERY MORNING I MOVED THE VEHICLES TO THE OTHER SIDE OF
THE ROAD. >> WELL UNLIKE THE PREVIOUS CLAIMS, THIS IS CLEARLY A RIGHT-OF-WAY.
AND YOU ARE PARKING THERE. YOU DON'T HAVE ANYWHERE ELSE TO
PARK ADDRESS? >> THE CHURCH LETS ME PARK THE TRUCKS ON THE PROPERTY RIGHT N NOW.
>> WHERE IS THAT RIGHT RIGHT NOW?
>> RIGHT NEXT TO WHERE I WAS PARKING.
>> YOU HAVE TWO CASES HERE. >> THEY ARE PRETTY MUCH WHAT YOU SAYING THEY ARE ON THE OTHER SIDE OF THE SIDEWALK.
HE IS PARKING THEM THERE NOW. WHICH IT IS PRIVATE PROPERTY.
>> OKAY, BUT THIS ONE IS VIOLATING THE CITY'S RIGHT AWAY.
WHO DID THEY SAY MR. SMITH? >> WHAT WAS THAT AGAIN?
>> WHAT YOU SAY, CLEARLY THE TRUCK WAS THERE.
>> YES IT WAS THERE. >> ALL RIGHT ANYTHING FURTHER?
>> NOT FOR ME, NO. >> MR. SMITH? YOU KNOW THE THING ABOUT THE PARKING CITATIONS, AND I NORMALLY GIVE A LITTLE SPEECH ABOUT TRYING TO TELL PEOPLE AND
[00:25:03]
THINK ABOUT IT WHETHER YOU WANT TO FIGHT THE TICKET AND PAY THESE ADDITIONAL FEES. OR TO JUST GO AHEAD AND PAY THE FINE. BECAUSE, YOU HAVE GOT, $28 AND LATE FEES IN BOTH OF THESE CASES., ALL RIGHT ANYTHING FURTHER? BASED ON THE EVIDENCE AND TESTIMONY I SEE OF VIOLATIONS EXISTS AT 1826 ORANGE AVENUE.
WILLY'S CAR CARE IS RESPONSIBLE FOR THE VIOLATION.
I WILL GIVE YOU, I'M ATTEMPTING TO PAY THE TICKET?
>> ANY TIME. >> I WILL GIVE YOU 20 DAYS TO PAY IT, IF NOT, THIS CAN BE SENT OVER TO THE COUNTY COURT SYSTEM WILL YOU WILL INCUR ADDITIONAL FEES AND COSTS.
DEFINED ITSELF AS ONE HUNDREDTHS DOLLARS, THE ADMIN FEE IS TEN, THE LATE FEE IS 18 FOR A TOTAL OF $128.
YOU HAVE 30 DAYS TO APPEAL. >> SPECIAL MAGISTRATE, THAT
RULING IS FOR BOTH CASES? >> NO.
>> WE WILL CALL THE NEXT CASE. IN ONE MINUTE.
WHEN YOU ARE READY. >> NEXT CASE WILL BE 21 -- 48,
[D. 21-48 CT 1826 Orange Ave Willie's Car Care Isaac Saucedo]
1826 ORANGE AVENUE. >> DECEMBER 21 -- 481826 ORANGE AVENUE. IT WAS ISSUED BY MEET THIS VIOLATION IS 34 -- 35S PARKING ON CITY RIGHT-OF-WAY.
THE TOTAL DUE OF $120. THE CITY ALSO REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE ASSESSED AT THE TOTAL DUES INDICATED ABOVE.
IF THERE WERE TO PAY SUCH FINES WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.
WE DO HAVE PHOTOS FOR THIS ONE. >> MR. SMITH HAVE YOU SEEN THE
>> SO WE MOVE THEM IN AS CITIES ONE COMPOSITE IF THERE IS NO
OBJECTION. >> IT WILL BE ADMITTED AS SUCH.
>> IS THERE ANYTHING FURTHER MRS. SALCEDO?
>> NO. >> BASED ON THE EVIDENCE I FIND A VIOLATION EXISTS AT 1826 ORANGE AVENUE AND WILLY'S CAR CARE IS A RESPONSIBLE PARTY. I WILL FIND YOU WON HUNDRED DOLLARS, AND GIVE YOU 20 DAYS TO PAY.
FAILURE TO PAY THE FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.
WHERE YOU WILL INCUR ADDITIONAL FEES AND COSTS.
YOU HAVE 30 DAYS TO APPEAL. >> I ASK ARE WE WAIVING THE
ADMIN IN LATE FEE? >> I AM BECAUSE I AM POSTED IN THE PREVIOUS CASE. YOU GET A FIND TO PARK DISTRUST MR. SMITH. THERE IS A HUGE YOU KNOW, PROPERTY IS SELLING LIKE CRAZY AROUND HERE LIKE IT IS ANYWHERE ELSE. JUST PARK IT WE CAN PARK IT AND NOT WORRY ABOUT A CITATION RIGHT? ARE OKAY THANK YOU. ALL RIGHT NEXT CASE.
[E. 21-1116 PK Jaycee Park Eduard Then Jr Chad Dawson]
NEXT CASE. >> NEXT CASE WOULD BE 21 -- 1 1116, JC PARK. EDWARD FENN.
>> OFFICER DAWSON WE PREVIOUSLY SWORN?
>> YES, MA'AM I WAS. >> THIS IS AN APPEAL WE WILL LET THE RESPONDENT TO THE TICKET PROCEED FIRST.
OR IF HE HASN'T ALREADY COULD HE BE SWORN.
>> WE PREVIOUSLY SWORN SIR? >> WERE YOU SWORN?
>> YES, MA'AM I DID. I CONSIDER MYSELF NOT GUILTY.
>> YOU CONSIDER YOURSELF WHAT? >> I CONSIDER MYSELF NOT GUILTY.
[00:30:02]
WHEN I GOT TO THE PART THAT WAS THE ONLY SPOT AVAILABLE.IT'S A HANDICAP AND EVERYTHING. I AM CONSIDERED A DISABLED VETERAN. SINCE THERE WAS THERE ONLY SPOT IN EVERYTHING I CONSIDER MYSELF TO PARK RIGHT OVER THERE.
I DIDN'T UNDERSTAND I WAS NOT GOING TO GET A TICKET FOR THE MOMENT FOR THAT BECAUSE I THOUGHT I WAS DOING THE RIGHT
THING AT THE MOMENT. >> THIS WAS AT JC PARK.
>> YES, MA'AM. >> YOU CANNOT DO IT.
>> THIS IS A DISABLED PARKING SPACE.
>> DO YOU HAVE A PERMIT? >> RIGHT HERE.
>> IF I MAY ADD IT, IT IS A DISABLED PARKING SPOT COME OF THE PROBLEM WE ARE CITING FOUR IS REGULATED.
SO WHEN HE IS PARKED IT IS FOR BOATS AND TRAILES.
A PERSON THAT IS HANDICAP THAT PULLS UP WITH A BOAT IN A TRAILER ON IT. INDEED IT IS A HANDICAP SPOT, I UNDERSTAND THAT HE IS HANDICAP. BUT IS BASICALLY A RESTRICTED PARKING THERE FOR BOATS AND TRAILERS.
IN FRONT OF THE PARK, THERE ARE SPACES THAT OFFER FOR HANDICAP I UNDERSTAND THEY ARE FULL. BUT AS YOU GO FURTHER IN THE BACK IT TURNS INTO WHERE THE BOATS AND TRAILERS ARE TO GO.
BASICALLY WHERE HE PARKED, HE TOOK AWAY A HANDICAP SPOT FOR A PERSON WHO IS HANDICAP IF THEY HAD A BOAT IN A TRAILER.
>> HOW DO YOU RESPOND? >> AS FAR AS I'M CONCERNED AND LIKE I SAID THE PARK WAS FULL, THAT WAS THE ONLY PARKING AVAILABLE FOR A HANDICAP FOR DISABLED PEOPLE AND EVERYTHING.
AND AS I SAID, I THOUGHT I WAS DOING THE RIGHT THING TO PARK OVER THERE. SINCE I HAVE THE RIGHTS TO PARK
IN HANDICAP SPACE. >> YOU KNOW, WE GET A LOT OF CITATIONS FROM THIS AREA. AND I FROM FAMILIAR WITH IT.
I'VE BEEN ON THE TREASURE COAST ALL OF MY LIFE.
THAT IS A VERY POPULAR PART. AND LIKE ANYPLACE ELSE THE PARKING IS REGULATED. SO YOU CANNOT JUST ASSUME THAT ONE PARKING PERMIT, IS TRANSFERABLE TO ANOTHER.
SO, IS THERE ANYTHING FURTHER? >> NO MAN.
>> SPECIAL MAGISTRATE IF THERE WERE PHOTOS PUT UP ON THE SCREEN IF WE COULD JUST GET THOSE ADMITTED PLEASE.
>> THEY WILL BE ADMITTED. >> THANK YOU SO MUCH.
OFFICER DAWSON YOU TOOK THE PHOTOS IN THE CREW TO PICK WHAT
>> YET THANK YOU. >> THAT IS CLEARLY THE BOAT PARKING AREA. ALL RIGHT THEN I WILL DENY YOUR APPEAL. YOU DO HAVE A FINE DOES IMPOSE A $50. HOW MUCH TIME DO YOU NEED TO
>> WE WILL GIVE YOU 20 DAYS. >> WHERE CAN I PAY THAT MA'AM?
>> WE WILL GET WITH YOU. >> THANK YOU.
THANK YOU GOOD LUCK. >> THE NEXT CASE WILL BE 20 --
[A. 20-2271 CE 113 S 17TH ST William H Smith Isaac Saucedo]
2271, 113 SOUTH 17TH STREET, WILLIAM H SMITH.>> IS ANYBODY HERE ON BEHALF OF MR. SMITH?
>> I DO NOT BELIEVE SO. THIS IS CASE NUMBER 20 -- 2271.
CASE INITIATIVE AIDED ON OCTOBE. THE OWNER IS WILLIAM H'S WITH.
THE VIOLATIONS ARE SESSIONS 2017 NEC FOR TEMPORARY LIGHTING.
SECTION 24 -- 1920 -- 21 SUBSECTIONS ONE AND FIVE FOR OUTSIDE STORIES. AND SECTION 2419, SUBSECTION 11 FOR OUTSIDE STORAGE INDOOR FURNITURE.
THE CITY REQUESTED THAT THE CITY SPECIAL MAGISTRATE VIOLATION EXISTS. THE VIOLATOR GIVES TEN DAYS TO COMPLY OR A HUNDRED AND $50 FINE PER DAY TO BE ASSESSED.
DO YOU HAVE PHOTOS THAT YOU WANT TO LOOK AT?
>> I DO. >> DID YOU TAKE THE PHOTOS INTO
[00:35:03]
THE ACCURATELY DEPICT WHAT YOU SAW?>> YES, I DID. >> WE MOVE THESE AND AS CITY ONE
COMPOSITE. >> THERE WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?
>> YES, I AM NOT SURE IF YOU REMEMBER, BASED ON OUR CONVERSATION YESTERDAY, THIS IS THE CASE WHERE THE ADDRESS IS TO
BE UPDATED. >> YES, SO SPECIAL MAGISTRATE, THERE WERE SOME I DON'T WANT TO SAY, I THINK NOTICE WAS PROPERLY SENT PURSUANT TO STATUTE. IT DOES NOT APPEAR THAT THERE WAS A RESPONDENT PRESENT THIS MORNING.
MR. SALCIDO, OR CODE OFFICER DID YOU HAVE CONVERSATION WITH THE
>> BASED ON THE CONVERSATION, WAS A CLEAR TO YOU THAT THE RESPONDENT WAS AWARE THAT THE HEARING WILL BE HELD HERE THIS
>> NOTICE WAS SENT TO THE ADDRESS ON THE WEBSITE?
>> CORRECT. >> THE RESPONDENT INDICATED TO YOU THEY HAVE MOVED FROM THE ADDRESS ON THE PROPERTY
APPRAISER'S WEBSITE CORRECT? >> CORRECT.
>> DID HE DENY THAT HE WAS THE OWNER OF THE PROPERTY?
>> HE DID NOT. >> SO HE HAD NOTICE PURSUANT TO STATUTE, HE HAD ACTUAL NOTICE PURSUANT TO DISCUSSIONS CORRECT?
>> YES. >> SO SPECIAL MAGISTRATE BASED ON THAT AND THE RESPONDENT IS STILL NOT HERE, EVEN THOUGH HE IS CLAIMING HE RECEIVED ANOTHER ADDRESS I WILL ASK STAFF AGAIN WHETHER YOU WILL WANT TO GO AHEAD ON GETTING IT ROLLING OR
ASKED FOR A RESET? >> I WOULD LIKE TO MOVE FORWARD WITH HER, JUST BECAUSE MR. SMITH WAS AWARE OF THE SITUATION.
>> OKAY, OKAY AGAIN SPECIAL MAGISTRATE, I JUST PUT ON THE RECORD THAT THE WAY THE NOTICE WAS GIVEN.
IS THERE ANYTHING ELSE YOU WANT TO SAY ABOUT THE MERITS OF THE CASE? THE ACTUAL NATURE OF THE VIOLATION? THE PHOTOGRAPHS OF THE EVIDENCE?
>> NO, I MEAN, I MET UP WITH HIM LAST WEEK, STATING SOME OF THE THINGS THAT NEEDED TO BE DONE. I POINTED THEM OUT, AND THEY ARE STILL AS OF YESTERDAY THE PHOTOS IT REMAINS THE SAME THE PROPERTY. SO.
>> OKAY SO AS OF YESTERDAY NONE OF THINGS THAT YOU DISCUSSED
WITH THEM HAVE BEEN CURED? >> CORRECT.
>> THANK YOU. >> THANK YOU, THERE BEING NO ONE HERE ON BEHALF OF WILLIAM SMITH, BASED ON THE TESTIMONY EVIDENCE AND PRESENTED I FIND THAT A VIOLATION EXISTS.
IT IS AT 113 SOUTH 17TH STREET AND WILLIAM H SMITH IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL GIVE HIM 15 DAYS, TO COMPLY. OR HE WILL BE FINED $150 PER
>> YOU'RE WELCOME, HE HAS 30 DAYS TO APPEAL.
[B. 20-2284 CE 816 S 6th St Raphael Henn Isaac Saucedo]
>> THE NEXT CASE WE HAVE IS 20 -- 2284.
816 SOUTH SIX STREET. WE HAVE TWO OF THOSE AS WELL.
>> IT IS CASE NUMBER 20 -- 2284. THE CASE WAS INITIAED BY MYSELF ON OCTOBER 7 OF 2020. THE OWNER IS OF RAPHAEL HENN.
THE VIOLATION IS AT 816 SOUTH SIXTH STREET AT FOR PROTECTIVE TREATMENT. THE VIOLATION EXISTS IN THE VIOLATOR WILL BE GIVEN 20 DAYS TO COMPLY OR A FINE OF $150 BE ASSESSED. I DO HAVE PHOTOS, IF YOU WANT TO TAKE A LOOK AT THEM. MR. HENN DID SEE THEM AND I HAVE PROVIDING HIM WITH COPIES THIS MORNING.
>> OKAY. >> DID YOU TAKE THE PHOTOS?
>> I DID. >> DO THEY FAIRLY AND ACCURATELY REPS AND WHAT YOU SAW? THEY DO.
>> OKAY SO WE REMOVE THESE PHOTOS INTO EVIDENCE.
THOSE APPLY TO THE CASE NUMBERS THAT WAS RED? OTHER SEPARATE PHOTOS FOR THE NEXT CASE.
>> DOES PHOTOS OF THIS CASE THAT WAS READ.
>> ALRIGHT IT WILL BE ADMITTED AS A SUCH.
>> 'S ARE YOUR NAME? >> RAPHAEL HENN.
>> HOW DO YOU RESPOND TO THE ALLEGATIONS?
>> THEY ARE TRUE AND I AM WILLING TO MAKE CORRECTIONS AS
SOON AS POSSIBLE. >> ANYTHING FURTHER?
>> NOT FOR ME MA'AM. CONTENTS OF THE CITY IS RECOMMENDING I GIVE YOU 20 DAYS TO COMPLY.
[00:40:01]
>> YES MORE THAN ENOUGH THANK YOU.
>> YOU'RE WELCOME, BASED ON THE TESTIMONY PRESENTED BY THE PARTIES I FIND A VIOLATION EXISTS AT 816 SOUTH SIXTH STREET IN CASE NUMBER 20 -- 2284. RAPHAEL HENN ISN'T THE RESPONSIBLE PARTY. I WILL GIVE YOU 20 DAYS TO COMPLY OR YOU WILL BE FINED $150 PER DAY.
ALL RIGHT THANK YOU. >> NEXT CASE WILL BE 20 -- 2285
[C. 20-2285 CE 816 S 6th St Raphael Henn Isaac Saucedo]
SAME LOCATION. >> CASE NUMBER 20 -- YOU HAVE ONE OTHER CASE. IT IS CASE -- 20 -- 2285, 816 CELL 63. IT WAS INITIATED BY MYSELF ON OCTOBER 7 OF 2020. OWNER IS RAPHAEL HENN, OF 1251 NORTHEAST 29 TERRORISTS TERRORISTS MIAMI FLORIDA.
THE VIOLATION IS SUBSECTION 24 -- 19 SUBSECTION WON OF FIVE FOR OUTSIDE STORAGE. SECTION 24 -- 19 -- 2021 SUBSECTION 11 SUB'S OUTSIDE STORAGE INDOOR FURNITURE.
SUBSECTION 12 FOR LANDSCAPE MAINTENANCE.
THE CITY REQUESTED THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATOR BE GIVEN TEN DAYS TO COMPLY OR FINE OF $100 BE ASSESSED. I DO HAVE PHOTOS HERE WHICH MR. HENN ALSO HAS A COPY OF THEM AS OF THIS MORNING.
>> THANK YOU DID YOU TAKE THE PHOTOS AND OTHER FAIRLY
INACCURATE DEPICT WHAT YOU SAW? >> YES, I DID.
>> THANK YOU WILL PUT THE PHOTOS IN HIS CITIES ONE COMPOSITE.
SPECIAL MAGISTRATE I WOULD ASK MR. HENN IS PROTESTING THIS
CASE? >> MR. HENN YOU HAVE SEEN THE
PHOTOGRAPHS RIGHT? >> YES, I HAVE SEEN THEM.
>> HOW DO YOU RESPOND? >> I AM WILLING TO REST MY TENNANT TO REMOVE THEM AS SOON AS POSSIBLE.
>> OKAY BECAUSE THE CITY IS ASKING FOR TEN DAYS TO COMPLY.
BECAUSE IT IS PRIMARILY OUTSIDE STORAGE.
IF THEY HAVE QUESTIONS THEY CAN GET WITH THE CITY AND THEY CAN EXPLAIN TO HIM OR HER OR THEM, JUST WHAT NEEDS TO BE DONE.
IS THERE ANYTHING FURTHER? >> NOT FOR ME.
>> MR. HENN? >> THIS IS THE TABLE,.
>> THAT TABLE IS FINE. >> BUT THE FURNITURE NEEDS TO BE
>> I WILL DISCUSS THAT WITH THEM.
>> I FIND A VIOLATION EXISTS AT 18 SOUTH SIX STREET.
RAPHAEL HENN IS A PARTY RESPONSIBLE FOR THE VIOLATION.
YOU WILL BE GIVEN TEN DAYS TO COMPLY OR FINED $100 PER DAY WILL BE ASSESSED. YOU HAVE 30 DAYS TO APPEAL.
GOOD LUCK. WHEN YOU'RE READY MEDICAL.
[D. 20-2494 CE 1905 N 16th Court Luciano, Johnny Heather Debevec]
>> OKAY NEXT CASE IS 20 -- 2494, 1905 NORTH 16 STREET, JOHNNY
LUCIANO. >> WHEN YOU ARE READY.
>> GOOD MORNING SPECIAL MAGISTRATE.
THIS IS CASE NUMBER 28 -- 2494, 1805 NORTH 16 COURT OWNED BY JOHN LOUISIANA. THE CASE WAS INITIATED ON NOVEMBER THE SIXTH OF LAST YEAR. IT WAS FOR IP MC 304.7 DRAINAGE.
IBM C302 SIDEWALKS AND DRIVEWAYS.
IT WAS REQUESTED THAT THEY OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND REPAIR THE ROOF.
IT WAS ALSO REQUESTED THAT THEY OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT TO PREPARE THE DRIVEWAY AS IT IS CRACKING AND BREAKING APART. THE CITY REQUESTED OF THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT AN COMPLY WITH CONDITIONS OR FINE OF $100 PER DAY BE ASSESSED.
I HAD AT ONE POINT THE E-MAILED THE BILLING DEPARTMENT BECAUSE SOME WORK HAD BEEN DONE. REQUESTING WHAT NEEDED IF THIS WAS SUFFICIENT? THE RESPONSE THAT I RECEIVED WAS THAT THEY NEEDED TO REPAIR THE ENTIRE ROOF NOT JUST THAT SECTION. AS FAR AS THE DRIVEWAY, THERE HAS BEEN NO CHANGES. MR. TORRES IS HERE REPRESENTING THE PROPERTY. HE DID REVIEW THE PHOTOS THIS
[00:45:02]
MORNING. I DO HAVE TO CEMENT.>> OKAY THANK YOU. >> DID YOU TAKE THE PHOTOS?
>> DO THEY FAIRLY AND ACTUALLY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> WE WILL ADD THEM IS EVIDENCE
COMPOSITE. >> OKAY, MS. TORRES, HOW DO YOU
RESPOND? >> I AM SURPRISED BY THE ROOFING, I WAS NOT AWARE THAT I HAD TO DO THE WHOLE ROOF.
IN THE DRIVEWAY IS ALSO NEW TO ME IT WAS BECAUSE IT WAS PARKING THE CAR TO THE RIGHT. WHICH I KNOW YOU ARE SUPPOSED TO DRIVE ON THE DRIVEWAY BUT IT IS CRACKING A LITTLE BIT SO.
>> DID YOU SEE THE PHOTOGRAPHS? >> YES MS. DEBORAH BECK SHOW ME
THE PICTURE. >> THE ROOF LOOKS REALLY BAD.
DOES ANYBODY LIVE IN THIS PLACE? >> THE ROOF IS NOT LEAKING, IT JUST LOOKS BAD SOMEONE DOES LIVE THERE.
>> DOES THIS CASE COME BEFORE ME NOT LONG AGO?
>> THE CASE BEFORE WAS THE SAME ADDRESS IT WAS OUTSIDE STORES
THE CASE HAS BEEN RESOLVED. >> I REMEMBER.
AL RIGHT, MR. TORRES, ONCE YOU PULLED THE PERMIT, YOU HAVE SIX MONTHS TO BRING EVERYTHING INTO COMPLIANCE.
IF YOU NEED ADDITIONAL TIME JUST GET WITH THE CITY THEY ARE PRETTY GOOD WITH WORKING WITH PEOPLE IN THE DRIVEWAY IT IS WHAT IT IS AND SPEAKS FOR ITSELF.
SO GET THE PERMITS, YOU KNOW YOU BEEN IN THIS BUSINESS FOR A WHILE. YOU GET SIX MONTHS ON IT.
IF YOU NEED ADDITIONAL TIME I'M SURE THE CITY WILL GIVE YOU THE
TIME. >> THIS SUMMER, I HAVE TRAVEL PLANS, IF I CAN REQUEST YOU GIVE ME 60 DAYS TO OBTAIN THE PERMIT? BECAUSE I AM VISITING MY NEPHEW HE LIVES WAY DOWN IN MIAMI.
I HAVE TO MAKE A FEW ARRANGEMENTS.
SO IF YOU COULD GIVE ME 60 DAYS TO GET THE PERMIT I WOULD
APPRECIATE IT. >> THAT'S FINE WITH ME YES.
>> THAT IS FINE WITH YOU? >> OKAY THE CITY IS IN AGREEMENT WITH THAT ALL RIGHT ANYTHING FURTHER?
>> NO. >> BASED ON EVIDENCE AND TESTIMONY I FIND THAT A VIOLATION EXISTS AT 1905 NORTH 16TH STREET. AND THAT JOHNNY LUCIANO IS A PARTY RESPONSIBLE FOR THE VIOLATION FOR THE RECORD.
MR. LUCIANO IS REPRESENTED HERE THIS MORNING BY MR. TORRES.
SO I DO FIND THAT THERE IS A VIOLATION, I WILL GIVE YOU 60 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL CONDITIONS OR
FINE OF $100 WOULD BE ASSESSED. >> THANK YOU JUDGE.
HAVE A NICE DAY. >> LUCK YOU TWO.
[E. 20-2649 CE 201 Dixieland Drive Nunez, Lourdes Heather Debevec]
NEXT CASE. >> UNLESS CASES 20 -- 2649, 201
DIXIELAND DRIVE, FLORES NUNEZ. >> NO ONE IS PRESENT?
>> NO MAN, BECAUSE THIS ONE IS BEING REQUESTED AS REVIEW AND
DETERMINATION. >> OKAY GO AHEAD THAT MAKE
SENSE. >> THIS IS CASE NUMBER 20 -- 2649, 201 DIXIELAND DRIVE. THE CASE WAS INITIATED ON NOVEMBER 20 OF LAST YEAR. IT WAS FOR SECTION 24 -- 19, 24 -- 20, SUBSECTION ONE, FIVE NUISANCES AND OBJECTS OUTSIDE STORAGE. IT WAS REQUESTED THAT REPLACE THE METAL PIECES AC UNITS WOOD PIECES AND OTHER LOOSE ITEMS FROM THE YARD AT THE UNITS. THESE ITEMS HAVE SINCE BEEN CORRECTED. I DO HAVE PHOTOS IF YOU WISH.
>> YES. AND WE ARE REQUESTING REVIEW AND
DETERMINATION FOR THIS PROPERTY. >> WE ASKED THAT YOU MET THE
PHOTOS TO THE RECORD. >> THERE WILL BE ADMITTED.
BASED ON THE EVIDENCE AND TESTIMONY I FOUND THAT A VIOLATION DID PREVIOUSLY EXIST AT THIS LOCATION, BUT AS OF THIS MORNING'S HEARING, THE VIOLATION HAS BEEN CURED.
THE PARTY SHOULD BE MADE AWARE OF THE FACT THAT SHOULD
[00:50:04]
ADDITIONAL VIOLATIONS OCCUR, THAT THE COURT WILL TAKE NOTE OF IT AND INCUR ENTITIES THANK YOU. NEXT CASE.>> NEXT CASE WILL BE 21 -- 2 27065348 SOUTH HIGHWAY ONE ELLEN
MOSLER, SUE ELLEN MOSLER. >> I AM SHOWING IT AS 21 -- 0278. I THINK YOU SAID 76.
>> YES, MA'AM IT IS 278. >> OKAY THANK YOU.
[F. 21-0278 CE 5340 S US Highway 1 Mosler (TR), Sue - Ellen Heather Debevec]
WHEN YOU ARE READY. >> YES, MA'AM, THIS IS CASE NUMBER 21 -- 0278, 5340 SOUTH HIGHWAY ONE.
IT WAS INITIATED ON FEBRUARY 5 OF THIS YEAR.
SECTION 123 SUBSECTION 12 LANDSCAPE MAINTENANCE.
REQUESTING THAT THEY MOVE THE PROPERTY AND CLEAN THE FENCE LINE. WE ARE REQUESTING REVIEW AND DETERMINATION AS IT HAS BEEN TAKING CARING PRIOR TO THE HEARING. AND I DO HAVE PHOTOS IF YOU
ANYTHING FURTHER? >> NOT THIS TIME MA'AM.
>> THERE BEING NO ONE PRESENT ON BEHALF OF THE ASSAY OF SUE ELLEN MOSLER, BUT THIS CASE WILL BE A REVIEW AND DETERMINATION.
THE PROPERTY WAS NOT AND COMPLIANT BUT AS OF TODAY'S DAY IT IS IN COMPLIANCE. THE PARTIES SHOULD BE WARNED THAT SHOULD THIS RECUR THEY COULD MAYBE INCUR A GREATER PENALTY. BUT THIS IS A REVIEW AND
DETERMINATION. >> ARE THE PHOTOS ADMITTED?
>> THEY ARE ADMITTED AS COMPOSITE ONE THANK YOU.
>> SO OUR NEXT ONE WILL BE 20 -- 2291.
EIGHTEEN 26 ORANGE AVENUE. I'M SORRY, SPECIAL MAGISTRATE, CAN WE JUST CONTINUE WITH THE IN ORDER, WITH I'M SORRY, 21 --
0695. >> YOU WANT TO DO THAT ONE?
>> YES JUST FINISHED THAT AND THAT WE WILL GO WITH MR. WILLIE.
[G. 21-0695 CE 532 S US Highway 1 Silver Shores Holding LLC Heather Debevec]
2,009 SOUTH HIGHWAY U.S. ONE. >> OKAY SO I NEXT CASE WILL BE 21 -- 695. 532 SOUTH U.S. HIGHWAY NUMBER
ONE SILVER SHORES HOLDING. >> WHEN YOU ARE READY.
>> THIS WILL BE ANOTHER REVIEW AND DETERMINATION REQUEST.
THIS IS 21 -- 695532 SOUTH U.S. HIGHWAY ONE.
SILVER SHORES HOLDING. IT WAS ISSUED ON MARCH 26, 2021.
IT IS FOR SECTION 24 -- 19, 20, AND 21 SUBSECTION ONE AND FIVE CENTS OF OUTSIDE STORES. SECTION 12587 ALLOWED USES.
WE WERE REQUESTING THAT THEY REMOVE WOOD SCRAPS, ASSIGN, METAL POSTS AND PIECES AND OTHER ITEMS FROM A VACANT LOT.
WE ALSO REQUEST THAT THEY REMOVE A STORAGE CONTAINER FROM THE PROPERTY. WHICH ALL ITEMS HAVE BEEN TAKING CARE OF PRIOR TO THIS AREA. WE DO REQUEST REVIEW AND DETERMINATION AND I DO HAVE PHOTOS.
>> THANK YOU THEY WILL BE ADMITTED.
THE CITY'S COMPOSITE ONE. IS THERE ANYTHING FURTHER?
>> NO MA'AM. >> ALL RIGHT BASED ON THE TESTIMONY I FEEL LIKE THE VIOLATOR HAS BEEN COMMITTED BY HIS BANK CURED AS OF THE STATE. IF THIS REALLY OCCURS THE FINE COULD INCREASE IN FINES AND PENALTIES COULD BE GREATER THAN THOSE THAT WE NORMALLY POST. THANK YOU.
[A. 20-1956 CE Cont. 6/2/21 2009 S US Highway 1 Morris Satnick FP Assoc LLC Heather Debevec]
>> OUR NEXT CASE WILL BE 20 -- 1956, 2,009 SOUTH HIGHWAY U.S.
51. MORRIS AND SLOTNICK ASSOCIATES.
[00:55:01]
WE USE WHEN IT'S THAT? >> YES, I WAS.
>> OKAY THIS IS 20 -- 1956, THIS 2,009 SOUTH HIGHWAY U.S. ONE.
MORRISON SET NECK ASSOCIATES. IT WAS ISSUED SEPTEMBER 4 OF LAST YEAR. I PMC 304 PROTECTIVE TREATMENT.
THEY PAINT THE BACK OF THE BUILDING IT IS BARE CINDERBLOCK OF HIS BEST RATE. THIS CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS VIOLATION GIVE 30 DAYS TO COMPLY OR $100 A DAY TO BE ASSESSED. I DO HAVE PHOTOS TO SUBMIT.
ALSO, TO ADD TO THIS, I SPOKE WITH MR. FELDMAN OVER ABOUT A WEEK AGO. THEY HAD ORDERED SOME GUTTERS, TO REPLACE ON THE BACK OF THE BUILDING PRIOR TO PAINTING.
APPARENTLY THERE WAS AN ISSUE ON THE WRONG SIZE CAME IN.
WE HAD SPOKEN THIS MORNING, SO THEY ARE WAITING FOR THE CORRECT SIZE TO COME IN. HE IS EXPECTING THE PAIN TO
BEGIN ON MONDAY. >> OKAY, ALRIGHT IS THERE
ANYTHING FURTHER? >> NO MA'AM.
>> GOOD MORNING SIR, YOUR PREVIOUSLY SWORN?
>> YES, I WAS SPECIAL MAGI MAGISTRATE.
>> HOW DO YOU RESPOND? >> EVERYTHING SHE SAID IS CORRECT I APPRECIATE THE PATIENCE WITH EVERYBODY TO GET THE JOB DONE. WHEN WE AGREED TO THIS, BACK IN MARCH, WE HAD ONE BID AT THAT WE HAD BEDDED OUT.
AND SINCE THE CONSTRUCTION COSTS HAVE CHANGED, WE HAD TO REBID IT. WHEN WE WENT TO THE PROCESS WE DECIDED TO REPLACE ALL THE GUTTERS.
THERE WAS DELAYED IN ANY CAME IN THE WRONG WARY.
I SPOKE WITH THEM THIS MORNING, AND THEY EXPECT TO FINISH THE GUTTERS BY FRIDAY OR MONDAY. THE PAINTING CONTRACTOR HAS ALREADY BEEN HIRED, AND HE IS SCHEDULED TO START MONDAY AT THE NORTH END OF THE BUILDING. WITH THE PAINTING AND THE PRESSURE CLEANING TO DO THE ENTIRE JOB.
SUBJECT TO WEATHER, I WOULD EXPECT THE BACK OF THE BUILDING AS WE AGREED TO. TO BE COLLEGIAN SOMETIME IN THE THIRD OR FOURTH WEEK OF JUNE. AGAIN, WE HAD TO REBID THE PAINTING. THE PAINTING WAS BIG SIX MONTH PRIOR. AND IT WENT FROM 19,000, 224,000. AND THE ADDITIONAL GUTTERS THAT WE JUST REPLACE, COST US AN ADDITIONAL 15,000.
SO, WE ARE ON THE WAY TO GET IT DONE.
AND WE APPRECIATE EVERYONE'S PATIENCE IN LETTING US GET THAT DONE WE JUST ASKED TO LET US FINISH THE WORK UP NOW THANK
YOU. >> CAN WE HAVE THE PHOTOS
ADMITTED SPECIAL MAGISTRATE? >> AS THEY HAVE BEEN ADMITTED
I'M SORRY. >> OKAY I WILL CONTINUE THIS, I KNOW YOU'RE WORKING HARD TRYING TO GET THE BUILDING TO BAR.
SO I WILL CONTINUE IT BASED ON THE EVIDENCE PRESENT OUT.
I WILL GIVE YOU 30 DAYS BASICALLY TO START WITH WHAT YOU ARE DOING ALL I CAN SAY IS GOOD LUCK.
>> THANK YOU, WE EXPECT TO BE ABLE TO COMPLETE THIS WITHIN 30 DAYS. IT IS ALL GIVEN OUT AND BID AND READY TO GO. WE WANT TO GET RID OF IT AS
WELL. >> I AM HAVING A FLASHBACK HERE
THAT'S ALL. >> WE WERE WORKING ON LANDSCAPING AND A LOT OF OTHER THINGS AT THE SAME TIME.
WE THANK YOU VERY MUCH FOR YOUR PATIENCE AND COOPERATION.
>> THANK YOU FOR YOUR DOING. >> SPECIAL MAGISTRATE JUST FOR MY OWN NOTES YOU ARE CONTINUING FOR THE 30 DAYS.
>> YES AND HOPEFULLY WENT TO GET STARTED, THERE WOULD NOT BE ANY NEED TO COME BACK. ALL RIGHT THANK YOU.
[A. 20-2291 CE 1826 Orange Avenue Willie C Smith L C Smith Pinkie Smith Jr Isaac Saucedo]
>> OKAY THE NEXT CASE WILL BE EIGHT -- 20 -- 2291.
EIGHTEEN ZERO SIX ORANGE AVENUE. >> THIS IS CASE -- 1806 ORANGE AVENUE. IT WAS ISSUED BY MYSELF OCTOBER 2020. VIOLATIONS ARE 24 -- 19 SUBSECTION TEN IN SUBSECTION B. FOR A NUISANCE AS AN OBJECT PROHIBIED USE OF RIGHT-OF-WAY. ACCESSORY STRUCTURES, 125 -- 322 SUBSECTION D AND SUBSECTION 24 SECURITY FENCES.
WHICH HAS BEEN COMPLIED. SUBSECTION 24 -- 1924 -- 20 AND
[01:00:06]
24 -- 21 SUBSECTION NUMBER ONE AND FIVE.FOR OUTSIDE STORAGE, I PMC 4.24 PROTECTIVE TREATMENT AND 124 -- 37 SUBSECTION 12. FOR LANDSCAPE MAINTENANCE.
ON JANUARY 20, 2021, SPECIAL MAGISTRATE FOUND THE OWNER OF THE PROPERTY WAS IN VIOLATION. ON APRIL 13, OF THIS YEAR 2021, AND INSPECTION COMPLETED AND FOUND THAT SUBSECTION 125 -- 322, SUBSECTION THREE D AND DIG TO SECURITY FENCES HAVE BEEN COMPLIED. ON THAT SAME DATE, APRIL 13, 2021, A NOTICE WAS SENT TO THE OWNER ADVERTISING THAT THE PROPERTY REMAINED OUT OF COMPLIANCE AND AT THE FINE OF $250 PER DAY CAP ACCUMULATING. DEFINE AS OF 527-2021, ARE $11,000, $11,020. AND I DO HAVE PHOTOS OF WHAT THE PROPERTY CONTINUES TO LOOK LIKE. THE PROPERTY IS YET NOT TO BE
FULLY COMPLIANT. >> HAS A COMPLIED WITH
EVERYTHING? >> THE ONLY THING THAT HAS BEEN COMPLIED AS THE BARBED WIRE. OTHER THAN THAT, EVERYTHING
CONTINUES TO LOOK THE SAME. >> SO THE PICTURES I WAS JUST TAINTED THE ONES THAT ARE ON THE SCREEN?
>> THAT'S CORRECT THOSE ARE THE ONES THAT SHE IS CURRENTLY GOING
OVER VERY. >> SO YOU TYPICALLY DID A FAIRLY AND ACTUALLY DEPICT WHAT YOU SELL?
>> CORRECT. >> IT WILL BE ADMITTED.
>> ANYTHING FURTHER? >> NOT FOR ME AT THIS TIME.
>> MR. SMITH REPROVES THIS ONE HOW DO YOU RESPOND?
>> FIRST OF ALL, I'VE BEEN TRYING TO GET A HOLD OF BECKY TO SEE WHAT IS OUT OF COMPLIANCE. I'VE CALLED SEVERAL TIMES FOR, AND I WROTE HER A LETTER THE OTHER DAY.
TO LET HER KNOW THAT I HAVE BEEN WAITING FOR HER TO COME OUT.
TO SEE WHAT WAS ON COMPLIANCE. UPON THAT, I HAD TWO SHOTS FROM COVID-19, AND IT TOOK ME DOWN BOTH TIMES.
SO, THAT'S WHY I WANTED HER TO COME BY.
NC WAS NONCOMPLIANCE. >> CAN I JUST CLARIFY, THE PHOTOS THAT WERE SUBMITTED WHEN WERE THEY TAKEN?
>> THOSE FOLDERS WERE TAKING ON THE FIRST, WHICH WAS YESTERDAY.
>> OKAY SO JUNE 1 YESTERDAY. GO AHEAD.
>> SPECIAL MAGISTRATE, MRS. SMITH, TRIED TO COMMUNICATE, HE SENT A LETTER REQUESTING A MASSEY.
PEGGY WENT AHEAD AND ASKED TO PUT IT THROUGH.
THE PROPERTY IS NOT IN COMPLIANCE.
BUT I THINK WHAT HE IS ASKING IF WE CAN GO AHEAD AND STOP THE FINES. AND THAT'S WHAT WE AGREED TO HEAR THE CASE TODAY. BECAUSE HE HAS TWO OTHER CASES.
BUT, WHEN THE PROPERTY IS IN COMPLIANCE, AND THIS IS YOU CAN SEE THE PHOTOS, STILL NOT IN COMPLIANCE, IS BEEN GOING ON
SINCE LAST YEAR. >> SO ARE YOU ASKING THAT THE FINES BE STOPPED? SO YOU CAN BRING THE PROPERTY IN COMPLIANCE? I DO REMEMBER THAT THESE
PICTURES. >> I THOUGHT I WAS IN COMPLIANCE, BECAUSE I TOLD THEM THE GREEN STUFF IN THE FENCE, I HAD SPECIAL ORDER THAT. IT JUST CAME IN.
I ORDERED A WHOLE BOX. OF THE FENCING.
>> AT THINK IT IS EVERYTHING ELSE I'M SORRY TO INTERRUPT.
>> OKAY NO PROBLEM. THEY TOLD ME TOO PULL IT BACK SO
[01:05:02]
MANY FEET SO I ASKED HIM TO COME OUT TO SEE IF I WAS INCOMPLIANCE. >> A LOT OF THE CARS LOOK INOPERABLE WHY ARE THEY EVEN ON THE LAW?
>> IT'S A TOWING COMPANY AFTER FILE PAPERS I CAN'T GET RID OF
THE CAR WITHOUT PAPERS. >> YOU NEED TO GET THAT
PAPERWORK DONE. >> IT IS DONE.
>> MRS. SMITH LET ME FINISH, YOU HAVE BEEN AN ERROR NUMBER TIMES THIS MORNING YOU ARE TWO OTHER CASES IN THIS ONE.
YOU HAVE GOT TO GET YOUR PAPERWORK DONE.
IF NOT YOU WILL GOING TO GET FINED.
YOU LEAVE ME NO CHOICE, SO FOR RIGHT NOW, YOU WILL AGREE ON BEHALF OF THE CITY TO STOP THE FINES FROM RUNNING IS THAT NO?
>> STAFF IS NOT IN AGREEMENT. >> OKAY ALL RIGHT.
I AM LOOKING AT SIX VIOLATIONS, AND THERE IS ONLY ONE THAT HE IS
COMPLY WITH? >> THAT IS CORRECT.
>> YES, SPECIAL MAGISTRATE YOU ALSO HAVE THE ATTACHMENTS FOR THE SEVEN CRITERIA WHICH AT STATE YOU KNOW, ALL THE NUMEROUS TIMES THAT HE HAS BEEN TO IN FRONT OF THE SPECIAL MAGISTRATE.
>> WE ASK THAT YOU OF COURSE TAKE NOTICE OF THAT.
PROCEDURALLY WE ARE NOT EVEN THERE YET.
BECAUSE WE ARE NOT, THE PROPERTY IS NOT IN FULL COMPLIANCE.
>> NOT IN COMPLIANCE. SO MY HANDS ARE TIED.
UNTIL YOU DO WHAT YOU NEED TO DO ALL WORK WITH THE CITY.
AND I UNDERSTAND COVID-19 SOME PEOPLE HAVE BAD REACTIONS TO MEDICATION SOME DID NOT. BUT, I AM NOT GOING TO STOP THE FINES FROM RUNNING OR CURING. OF COURSE THIS CAN BE READJUSTED AT THE LATER DATE BUT YOU HAVE TO MAKE EFFORT TO CLEAN THE PLACE UP. IF IT IS PAPERWORK THAT YOU HAVE TO SUBMIT BEFORE YOU GET RID OF THE VEHICLES.
YOU WILL GOING TO HAVE TO DO IT. THE PHOTOS ALMOST LOOK IDENTICAL TO THE ONES I SAW SEVERAL MONTHS AGO.
IT IS THE SAME VEHICLES. IF YOU HAVE CLEANED UP A LITTLE BIT, I WILL DENY YOUR REQUEST FROM STOP THE FINES.
IT IS CLEAR SOME OF THESE VEHICLES TOTALLY INOPERABLE.
WILL NOT BE OPERABLE. I DON'T KNOW HOW TO TELL YOU WHAT TO DO WITH THEM? YOU ARE ON A BUSY CORRIDOR.
THE CITY HAS GOTTEN SERIOUS ABOUT CLEANING UP THE CITY.
NOT JUST YOU, THAT'S WHY THESE PEOPLE ARE IN HERE THIS MORNING.
SO I WILL DENY YOUR REQUEST, YOU ARE FREE TO BRING IT BACK BUT YOU HAVE TO MAKE SOME PROGRESS HERE BEFORE I CAN HELP YOU.
IS THERE ANYTHING FURTHER? >> NOT FOR ME KNOW.
>> ALL RIGHT THANK YOU. >> OKAY SPECIAL MAGISTRATE WE
HAVE TWO COLLINS AFTER THIS. >> OKAY.
[H. 21-1157 PK 1415 S Ocean Dr Boham, Keith A Janey Vanderhorst]
>> ALL RIGHT THE FIRST ONE WE WILL DO WILL BE 21 -- 1157, 1450 SOUTH OCEAN DRIVE KEITH BOHAN. I WILL GO AHEAD AND TRY TO CALL
>> WE ARE GOING TO CALL YOUR CASE NOW FOR SPECIAL MAGISTRATE.
>> OKAY. >> THE CASE WILL BE 21 -- 1157, 1415 SOUTH OCEAN DRIVE. SINCE THIS IS AN APPEAL, I AM
[01:10:03]
GOING TO ASK HOW DO YOU RESPOND? OR SHOULD I SWEAR YOU IN? YOU'RE GOING TO PLEASE RAISE YOUR RIGHT INSIGNIA FOR THE>> DO YOU SWEAR THAT THE TESTIMONY ABOUT TO GIVE WILL BE
>> OKAY, SINCE THIS IS AN APPEAL HOW DO YOU RESPOND?
>> I AM NOT SURE. >> LET ME HELP YOU OUT I AM FRAN ROSS THE SPECIAL MAGISTRATE THAT IS RESIDING THIS MORNING.
YOU ARE CONTESTING A CITATION. >> YES.
>> OKAY. >> JUST GO AHEAD, THIS IS CASE NUMBER 21 -- 1157 IS A PARKING CITATION ISSUED AT GC PARK.
1415 SOUTH OCEAN DRIVE. IT WAS FOR PARKING IN THE
RIGHT-OF-WAY. >> SO CAN I ASK A COUPLE
>> WERE DOING THIS BACKWARDS BECAUSE THE APPEAL.
AS TELEPHONIC I THINK IT IS FOR YOU THIS WAY.
WERE YOU PRESENT WHEN THE CITATION WAS WRITTEN?
>> YES. >> WE ARE SUPERVISING ANOTHER
>> DID YOU PERSONALLY OBSERVE THE PARKING VIOLATION?
>> YES. >> THERE ARE PHOTOGRAPHS ON THE SCREEN WHERE THEY PROVIDED TO THE RESPONDENT?
>> YES. >> IN ADVANCE OF THE HEARING?
>> YES. TENTATIVELY FAIRLY AND FAIRLEY
>> I MOVE THE PHOTOGRAPHS INTO CITIES ONE COMPOSITE.
>> THERE WILL BE ADMITTED AS SUCH.
>> I WOULD ALSO LIKE YOU TO ASK A LITTLE TO TALK A LITTLE BIT
MORE ABOUT THE VIOLATION. >> OKAY SPECIAL MAGISTRATE, AS YOU KNOW THIS IS THE PARK, WE HAVE DESIGNATED PARKING SPACES.
SO BASICALLY THE VEHICLE WAS PARKED ON THE GRASS WHICH IS NOT A DESIGNATED PARKING SPACE THAT'S WHY THE TICKET WAS
ISSUED. >> SO I WOULD LIKE TO RESERVE A MINUTE OR SO FOR REBUTTAL AND IF THERE IS NOTHING FURTHER THAT YOU WANT TO ADD THAT THIS TIME, WILL TURN IT OVER TO RESPONDENT.
>> NOTE THE DREAD. >> OKAY MISS HOW YOU RESPOND TO
THE ALLEGATIONS MADE? >> SO WE WERE GOING THERE WAS A BAPTISMAL SERVICE THERE. AND WE CAME INTO THE OVERFLOW PARKING. THERE WAS A SPACE WHICH I THOUGHT WAS A SPACE, IT WAS A WIDE GRASSY SPACE.
SO WE PARKED THERE. COMING BACK WE THOUGHT THE TICKET. I WAS CONFUSED, I SUBMITTED PICTURES TO I DON'T SEE ANY SIGNS THAT SAID NO PARKING ON THE GRASS OR THINGS LIKE THAT. THE PICTURE I GOT SENT LAST NIGHT, THIS IS PARKING IN DESIGNATED AREAS, FROM WHAT I CAN TELL THIS UP BY THE DOCK BY THE WATER.
WE WERE IN THE ASSIGNED AREA THIS IS OVERFLOW PARKING.
AND TYPICALLY OVERFLOW PARKING THERE WAS GRASS BASIS.
SO I LOOKED LIKE A WIDE SPOT LOOKED OUT OF THE WAY, WE WERE NOT PEOPLE'S WAY. AND WE JUST THOUGHT IT WAS AN AVAILABLE SPOT. THERE WERE NOT AGAIN, AS I DROVE OUT, I LOOKED AT THE FENCE IN FRONT OF WHERE I PARKED AND ON THE WAY OUT, THE SIGN SAYS IN THE WORLD OF SCIENCE IN THAT OVERFLOW DESIGNATED AREA THIS AND DON'T PARK IN THE GRASS.
ONLY PARKING SPACES AND THINGS LIKE THAT.
SO THAT WAS MY CONFUSION OF WHY WE GOT A TICKET.
SO, TEN SPECIAL MAGISTRATE? >> YES.
>> THERE WAS A BAPTISM FROM CHRIST FELLOWSHIP ON SUNDAY.
WHEN THEY REQUESTED, THEY TOLD OUR RECREATION CENTER THAT THEY WERE HAVING ABOUT 50 PEOPLE. THIS IS FYI, I'M GOING TO SAY 200 PEOPLE SHOWED UP. WE TRIED TO ADDRESS THE SITUATION TELLING EVERYONE TO PARK IN THE DESIGNATED PARKING SPACE. AND SINCE THERE WERE NO MORE PARKING SPACES THEY NEEDED TO'S PARK ON SOUTH OCEAN DRIVE OR ACROSS THE STREET. I EVEN SPOKE TO SOME MEMBERS OF THE CHURCH AND ASKED THEM TO ANNOUNCE IT THAT WE WERE ISSUING TICKETS. FOR PEOPLE THAT WERE NOT PARKED PROPERLY. JUST TO CLARIFY, THERE IS A
[01:15:05]
SIGN. >> THERE WAS A TESTIMONY ABOUT SIGNAGE IS THERE ANYTHING YOU WANT TO ADD TO THAT?
>> THERE'S A COUPLE OF SIGNS THAT SAY DESIGNATED PARKING SPACES. ONE WITH THEM IS BY THE DOCK AREA. IF YOU CONTINUE TOWARDS OVERFLOW THERE WAS TWO MORE SIGNS THAT SAY PARKING IN DESIGNATED
PARKING SPACES. >> ONE OF THE PICTURES THAT I SUBMITTED THAT SOWS THE ENTRANCE TO THE OVERALL PRODUCT THAT I WENT IN, THERE WASN'T A SIGN SPECIFICALLY.
IF YOU COME OFF OF A ONE A AND INTO THE OVERFLOW, THERE WAS NO SIGN THAT SAID NO PARKING ON THE GRASS.
THAT WAS MY MISTAKE, I DON'T ACTUALLY ATTEND CHRIST FELLOWSHIP. I WAS SUPPORTING MY NEIGHBOR WHO'S GETTING BAPTIZED. I DON'T PARTICULARLY GO TO THE BEACH ON SUNDAY. I HAVE NEVER BEEN THERE WHEN IT WAS SUPER CROWDED LIKE THAT SO IS VERY CONFUSING.
WE DID NOT SEE, I DON'T KNOW IF THEY SENT OUT ATTACKS.
BUT I TIME I GOT TO THE PAVILION THERE WAS AN ANNOUNCEMENT MADE THAT TOLD US THAT WE NEED TO MOVE OUR CARS.
I WOULD'VE GONE BACK TO MOVE MY CAR.
THERE WASN'T ANYBODY DIRECTING TRAFFIC OR TELLING PEOPLE DON'T PARK THERE OR GO PARK OVER HERE. IT WAS A VERY BUSY DAY IT IS NOT A DAY I WOULD TYPICALLY GO. SO I WAS NOT FAMILIAR WITH THE
SITUATION. >> ISN'T THERE A SIGN OF A
PARKING AS YOU ENTER THE PARK? >> TO SEE THE MAP OF THE SCREEN? SO THAT I APOLOGIZE BECAUSE THEREFORE IS NOT ATTACHED TO THE THING. BUT IT SAYS RIGHT OVER HERE YOU NEED TO DESIGNATED PARKING SPACES THERE IS ONE IN THE CENTER AND THEN THERE'S THIS ONE RIGHT OVER HERE WHEN YOU GO INTO THE OVERFLOW. IT IS BASICALLY RIGHT HERE.
AND COME AND GOING TO THIS AREA. >> OKAY, ANYTHING FURTHER?
>> YES I DID NOT GET THAT PICTURE THAT SHOWS THE SIGN IS GOING INTO THE OVERFLOW PARKING. I ONLY GOT THE ONE THAT WAS NEAR THE DOCKS AND TO ME LAST NIGHT. IT WAS A MISTAKE, AND WE APOLOGIZE FOR PARKING ON THE GRASS.
WE THOUGHT IT WAS A SPOT. >> ALL RIGHT, ANYTHING FURTHER?
>> NO. >> ALL RIGHT, I AM GOING TO FIND THAT YOU ARE IN VIOLATION OF THE PARTICULAR CITY CODE SECTION -- 35 AS PART ON THE RIGHT-OF-WAY. YOU WILL BE ASSESSED A 50-DOLLAR FINE. HOW MUCH TIME YOU NEED TO BE
THERE? >> I CAN GET TOGETHER I GUESS.
>> HOW MUCH TIME DO YOU NEED IS MY I CAN PAY.
>> I CAN PAY IT WITHIN A MONTH. >> IF YOU DON'T TAKE TIME TO BE SENT OVER TO THE COUNTY CLERK SILVERS EVERY CENT OVER THAT YOU WILL INCUR ADDITIONAL FEES AND COSTS.
SO TRY TO GET IT WITHIN 30 DAYS. I THINK YOU'RE WELCOME.
[B. 21-751 CE 1812 S 27TH ST Katrina A McGathey & Buccaneer Building Corp Chad Dawson]
ALL RIGHT NEXT CASE. >> THE NEXT ONE IS ALSO GOING TO BE ANOTHER CALLING. CASE NUMBER 20 -- 751, THIS IS ONE THAT WE ALSO CONTINUE PREVIOUSLY.
>> I'M SORRY WHAT? >> HIGH AT EACH STAGE AND CHRISTIE WERE GONE FOR THE CITY OF FORT PIERCE FOR THE SPECIAL
MAGISTRATE AREA. >> THIS IS KATRINA THE PERSON
OWNS A HOME. >> HI KATRINA HOW I DO?
>> I'M DOING GOOD IN YOU? >> I'M GO AHEAD AND CALL THE
CASE IN THIS WAY WHEN FIRST. >> OKAY.
>> PLEASE RAISE YOUR RIGHT HAND STAGE NAME FOR THE RECORD.
>> CHRISTINA MCCAFFREY. >> JUICE WHERE THE TESTIMONY
THAT YOU GIVE WILL BE THE TRUTH. >> I DO.
>> THE CASE IS 21 -- 751. 1812 SOUTH SEVENTH STREET.
BUCKINGHAM BUILDING COURT. >> YES.
>> THIS IS CASE NUMBER 21 -- 715, 1812 SOUTH 27TH STREET.
[01:20:12]
OWNER BOUGHT KATRINA MCAFEE. BUCCANEER BUILDING COURT.PRIOR TO TODAY'S HEARING, THERE WERE TWO PREVIEWS ORDERS OF DETERMINATION ISSUED ON OCTOBER THE SEVENTH OF 2020.
AND FEBRUARY 17 OF 2021. THE PROPERTY WAS CITED FOR NUISANCE, I'M SEXIST SORRY SECTION 24 -- 19, 24 -- 20 SUBSECTION ONE AND FIVE A OUTSIDE OBJECT STORAGE.
SECTION 24 -- 19 -- 20 -- 21, SUBSECTION 11 NUISANCE AS AN OPTION OUTSIDE STORAGE OF FURNITURE.
FIND A VIOLATION OF THE VIOLATOR BE FINED $50 PER DAY.
THE VIOLATION HAS EXISTED SINCE THE LAST HEARING APRIL 6, 2021 TILL TODAY. PLUS $50 PER DAY EVERY DAY THE VIOLATION WILL CONTINUE TO RESIST.
I DO WANT TO PUT ON RECORD SPECIAL MAGISTRATE THAT THE VIOLATION CAME INTO COMPLIANCE AS OF MAY 19.
I WENT OUT THERE YESTERDAY, AND IT IS STILL IN COMPLIANCE.
BUT BASIC, WE ARE ASKING FOR $50 FROM THE START OF MY CASE WHICH
WAS APRIL 6 OF 2021 TO MAY 19. >> HOW MUCH YOU ASKING FOR
TOTAL? >> ARE YOU ASKING FOR $50 A DAY
>> THROUGH MAY 31? >> THROUGH MAY 19.
>> I DO HAVE PHOTOS THAT I WOULD LIKE TO SUBMIT AND THEY DID
RECEIVE THE PHOTOS AS WELL. >> DO THE PHOTOS FAIRLY AND
ACTUALLY DEPICT WHAT YOU SAW? >> YES, MA'AM.
>> AT THIS TIME WE WERE THE PHOTOS AND AS CITIES ONE COMPOSITE, I WILL NO SPECIAL MAGISTRATE EVEN OF THE PROPERTY IS NONCOMPLIANCE, FIND THAT WE ARE REQUESTING IS PERMITTED BY SECTION 162.209 SUBSECTION ONE FLORIDA STATUTE.
THAT IS BY VIRTUE OF THE ISSUANCE OF THE TWO PRIOR
ORDERS. >> DID SHE GET COPIES?
>> YES, MA'AM. >> IT IS IN COMPLIANCE NOW?
>> YES, MA'AM IT IS. >> HOW DOES THE SKIPPER FAULT CODE? WAS THERE A COMPLAINT BY
NEIGHBORS. >> YES, MA'AM WE RECEIVED SEVERAL ANONYMOUS COMPLAINTS FROM THE NEIGHBORS IN THE SURROUNDING AREA THAT THEY ARE BRINGING STUFF HOME.
I GUESS THEY SCRAP IT AND THEN THEY THROW A LOT OF IT AT THE EDGE OF THE ROAD TO TAKE WHAT THEY DON'T WANT TO USE.
SO, THIS PROPERTY HAS BEEN UNDER OUR ERRATA FOR THE PAST YEAR.
AS YOU CAN SEE WE ALREADY HAD TWO PREVIOUS CASES THAT HAVE ALREADY WENT TO COURT. THEY WERE FOR THE SAME TWO VIOLATIONS. SO IT IS LIKE WHENEVER BASICALLY, BEFORE THEY COME TO COURT, IT COMPLIES, AND THEN MAYBE A WEEK AFTERWARDS WE GET ANOTHER COMPLAINT THAT THEY ARE BRINGING MORE STUFF BACK. SO THIS IS NOT THE FIRST TIME PERSONALLY WITH ME. IT IS BEEN A RESOLVING ISSUE OVER AND OVER AGAIN FOR THE PAST YEAR NOW.
>> OKAY, ALL RIGHT THANK YOU. IS THERE ANY RESPONSE
MS. MCAFEE? >> NOT REALLY, IT'S LIKE MY DAUGHTER'S BOYFRIEND LIVES THERE.
AND HE IS CONSTANTLY PICKING UP JUNK OFF THE SIDE OF THE ROAD.
WHERE OTHER PEOPLE THROW IT AWAY.
AND THEN HE BRINGS IN HERE, AND THEN, HE DOESN'T DO ANYTHING WITH IT, IT ENDS UP BEING THROWN OUT BY THE FRONT YARD.
>> OKAY,. >> I TOTALLY ABOUT IT OVER AND OVER AGAIN I'VE EVEN TOOK PICTURES OF IT AND SHOWED UP YOU CANNOT DO THIS. I'VE BEEN LIVING HERE ALL MY LIFE AND THERE WAS A COMPLAINER. AND HE STILL CONTINUES TO DO IT.
ALL RIGHT THEN BASED ON THE TESTIMONY AND EVIDENCE PRESENTED. A FINE THAT THE VIOLATION
[01:25:02]
EXISTS. AND IT EXISTED BETWEEN.>> ARE YOU STILL THERE? >> HAS AN AMERICAN HALEY?
>> YES WE ARE HERE. CAN YOU HEAR ME? HELLO? MISS ME KATHY? WE CAN HEAR YOU CAN YOU HEAR US? HELLO? YOU WANT TO GIVE HER A CALL BACK.
>> SHALL HANG UP AND GIVE HER A CALL BACK.
GINGER OKAY THANK YOU. >> HELLO, I DO NOT KNOW WHAT
HAPPENED? >> OKAY GO AHEAD SPECIAL I
>> YES, MA'AM. >> DID YOU HEAR THE COMMENTS MADE BY MR. DAWSON I THINK YOU DID RESPOND AT YOUR DAUGHTER'S BOYFRIEND BRINGS THE STUFF THERE AND APPOINTED BY THE ROAD AND
THEN THE NEIGHBORS COMPLAINED. >> YES, I DID.
THIS IS YOUR THIRD CASE COMING BEFORE THE CITY.
SO I AM GOING TO FIND BASED ON THEIR RECOMMENDATION, THAT YOU BE FINED $50 FOR THE PERIOD RUNNING FROM APRIL 6, 2021 TO
SPECIALIZING? >> YES $50 PER DAY.
FOR EVERY DAY THE VIOLATION CONTINUES TO EXIST.
YOU APPARENTLY CLEANED IT UP. BUT I WILL FIND YOU FOR THAT PERIOD OF TIME. YOU HAVE HAD TWO OTHER CASES, WITH THE REVIEW AND DETERMINATION AND YOU ARE LABELED A REPEAT VIOLATOR. SO YOU HAVE GOT TO STOP YOU DAUGHTER'S BOYFRIEND FOR BRINGING ALL OF THAT JUNK TO
YOUR HOUSE. >> YEAH, YEAH I DO.
I GET AFTER HIM ALL THE TIME, BUT I DID NOT REALIZE THERE WAS THAT MUCH STUFF TO BE HONEST WITH YOU.
BUT YEAH I KNOW, I'M TRYING TO GET RID OF IT BUT I'M HAVING A
>> SO THAT'S $50 A DAY, SO THIS FOR ABOUT A MONTH.
TEND TO HAVE TO MAKE IT ALL IN ONE PAYMENT?
>> KNOW YOU CAN GET WITH THE CITY AND YOU CAN WORK OUT A
PAYMENT PLAN. >> SPECIAL MAGISTRATE, CAN I CLARIFY, WE HAVE NO OBJECTION TO YOU SETTING A PAYMENT SCHEDULE.
I DON'T KNOW AT THE CITY INDIVIDUALLY WERE SET OUT SO? SO I H AS $2,150 FOR 43 DAYS TIMES $50 A DAY.
>> THAT'S WHAT I HAVE YES. $2,150.
>> OKAY WELL, I HAVE TO PAY BECAUSE I AM IN THE WRONG.
>> SPECIAL MAGISTRATE, I THINK THE STAFF AGREES TO WE CAN GO UP
TO 12 MONTHS. >> THANK YOU VERY MUCH FOR WHAT YOU GAVE ME AND BEING LENIENT ON ME.
>> WILL GET WITH THE CITY, YOU WILL GET PAPERWORK, AND YOU WILL GET WITH THEM ABOUT PAYING OFF THE $2,150.
>> OKAY, THANK YOU VERY MUCH. >> YOU WILL GET PAPERWORK FROM THE CITY AND THEN YOU WILL CALL THEM AND YOU WILL TRY AND WORK
>> OKAY THANK YOU. >> THANK YOU SO MUCH HAVE A GOOD
DAY. >> OKAY YOUTUBE YOU ARE WELCOME GOODBYE. NEXT CASE?
>> WE ARE DONE. >> DO WE NOTIFY.
>> FOR CASES REQUIRING AIR AND FURTHER STATES THAT YOUR 162.12 A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNE SIGNED, HIS PLACE IN THE FILE.
IF THERE IS IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT WITH THE NOSE AND CLOSE SENSITIVE VIOLATOR U.S. MAIL.
TEN DAYS PRIOR TO THE HEARING, A NOTICE OF HEARING IS POSTED ON
[01:30:01]
THE BILLBOARD CITY HALL. I NOTICE A HEARING IS ALSO POSTED IN THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING. IF THE GREEN CARDS AND A RETURN THE COURT BEFORE THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CAR WAS RETURNED UNCLAIMED.FOR CASES NOT MANDATED BY STATE STATUTE, MAILING OF THE NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR.
IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED, OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, I NOTICE OF HEARING IS REPORTED IN THE BILLBOARD CITY HALL.
>> OKAY, THERE BEING NOTHING
* This transcript was compiled from uncorrected Closed Captioning.