[1. CALL TO ORDER]
[00:00:20]
SPECIAL MAGISTRATE ON THIS OCTOBER 20TH IS CALLED TO ORDER.
NOW THE PLEDGE OF ALLEGIANCE. >> THANK YOU.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
>> I AM GOING TO ASK THAT YOU ALL REMAIN STANDING SO I CAN SWEAR YOU IN. PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM YOUR TESTIMONY WILL BE THE TRUTH.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
SPECIAL MAGISTRATE. WE ARE GOING TO START WITH CASES IN COMPLIANCE OR RESCHEDULED. 21-0759 JACE TERRENCE PLATT.
21-1555, 407 AVENUE H JOHN STALINGS.
21-CHRISTOPHER ELINGSWORTH. AND CONTINUED 21-1293 MADISON LEE LILES 21-1486 JAYCEE PARK ANDREA ANNETTE SMITH.
21-15150 WHITNEY NICOLE HEATH AND 21-1624 JAYCEE PARK CARLOS
AND DO WE HAVE ANYMORE CASES OF ANYONE PRESENT?
[L. 21-2739 PK 100 Blk Ave D James Norcia Treasure Coast Driving School John Makolin]
>> NEXT CASE 21-2739. JAMES NORCIA TREASURE COAST.
YOU CAN COME BUT THE OFFICER WILL PRESENT FIRST.
>> DO YOU WANT TO HAVE A SEAT? UM.
WHEN YOU ARE READY MAY I PROCEED, SPECIAL MAGISTRATE.
>> YES, PLEASE. GOOD MORNING, SIR, WERE YOU
PREVIOUSLY SWORN? >> YES, MA'AM.
>> JOHN MAKOLIN WORK FOR THE CITY OF FORT PIERCE CODE
ENFORCEMENT OFFICER. >> WERE YOU ASSIGNED TO WORK ON
>> IS THAT A PARKING CITATION? >> YES.
>> WHAT DATE WAS IT ISSUED? >> SEPTEMBER 12TH, 2021.
ISSUED IN THE CITY LIMITS OF FORT PIERCE?
>> 100 BLOCK OF AVENUE D. >> WHAT WAS THE NATURE OF THE
VIOLATION YOU OBSERVEED? >> OBSERVED VEHICLE PARKED ON
THE CITY RIGHT-OF-WAY. >> DID YOU TAKE PHOTOGRAPHS OF
>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> CAN YOU SHOW COPIES TO THE
RESPONDENT HERE THIS MORNING? >> SPECIAL MAGISTRATE THEY ARE PRESENTED ON ONE PAGE. LOCATION WHERE WILL THEY BE
AS THE CITY'S COMPOSITE. ONE PAGE.
>> THANK YOU, MA'AM. AS FAR AS THE PHOTOGRAPHS THAT
[00:05:01]
ARE BEING PUT UP ON THE SCREEN, ARE THEY THE SAME PHOTOGRAPHS PRINTED OUT ON THE SHEET OF PAPER WE GAVE THE SPECIAL>> PHOTOGRAPH, IS THAT THE VEHICLE YOU CITED?
WAS A PORTION OF THE VEHICLE ON THE SIDEWALK?
>> IT WAS ADJACENT TO THE SIDEWALK.
I AM NOT SURE IF THE WHEELS WERE ON THE SIDEWALK.
>> THE GRASSY SANDY AREA, IS THAT PART OF THE CITY'S
SPECIAL MAGISTRATE, NO FURTHER QUESTIONS AND WOULD LIKE TO RESERVE TIME FOR REBUTTAL AND MIGHT HAVE ONE MORE WITNESS TO
>> MAY I SPEAK NOW? >> YES, HAVE YOU BEEN SWORN?
BEFORE STATE YOUR NAME FOR THE RECORD.
>> JAMES NORCIA. I HAVE BEEN LIVING THERE FOR 30 YEARS. I HAVE ALWAYS PARKED THERE WITH NO -- GETTING THIS WAS WAY OUT OF LEFT FIELD FOR ME TO GET THIS. BUT I DON'T KNOW IF THAT MATTERS. IT WOULD BE NICE IF THERE WAS A SIGN PUT UP, OKAY. THERE IS NOT.
PUTS ME A BAD FEELING ABOUT EVERYTHING.
I COULD HAVE GOTTEN A KWARNING. IT WOULD HAVE BEEN NICE BECAUSE I AM THE OWNER AND HAVE BEEN THERE SO LONG.
WOULD HAVE BEEN NICE. BUT THAT DIDN'T HAPPEN.
ASIDE FROM THAT IF YOU NEED -- THESE ARE A DIFFERENT SET OF ORDNANCES HERE. UNDER COMMERCIAL USES, OKAY.
PARKING OFF STREET IS NOT REQUIRED RIGHT THERE.
CAN I BRING THAT TO YOU? PARKING OFF STREET IS NOT REQUIRED. ALL RIGHT.
>> GIVE IT TO THE CITY'S ATTORNEY.
>> SPECIAL MAGISTRATE I HAVE BEEN HANDED A COPY OF A PRINTOUT FROM CHAPTER 125 WHICH IS THE CITY'S ZONING CHAPTER.
UM, I THINK YOU CAN CERTAINLY TAKE NOTICE OF ANY ORDNANCE OF THE CITY OF FORT PIERCE OF THE SPECIAL MAGISTRATE.
I DON'T KNOW IT NEEDS TO COME IN AT EVIDENCE.
IF IT WERE A JUDGE REVIEWING A STATUTE OF THE STATE OF FLORIDA.
I WILL WAIT FOR THE APPROPRIATE TIME TO MAKE ARGUMENT AS IT
APPLIES TO THAT. >> ARE YOU STATING THE
>> EXACTLY. >> I JUST ASSUME THAT IS WHAT
YOU ARE DOING. >> CAN I APPROACH SO I CAN SEE WHAT HE IS SHOWING YOU, PLEASE, THANK YOU? THAT WAY WE ARE ALL ON THE SAME PAGE.
>> THIS SAYS COMMERCIAL USES AND THREE.
[00:10:54]
>> 125. >> MAIN SECTION 125.197 EDGARTOWN SETTLEMENT ZONING DISTRICT.
>> THEN YOU HAVE TO SCROLL DOWN TO SUB, GO PASS THE USE TABLE.
>> SO THEY ARE HERE? >> UH HUH.
>> I AM GOING TO HAND THIS BACK, SIR DO YOU WANT THIS BACK?
>> THIS IS IN FRONT OF MY OWN HOME, OKAY.
A PIECE OF PROPERTY THAT I AS A HOMEOWNER, OKAY, EXPECTED TO UPKEEP, NOW I AM BEING TOLD I CAN'T AFTER I CUT IT, I CAN'T USE IT AT ALL? IT IS MY OWN HOME.
I HAVE NEVER -- TRYING TO GET PARKING, I KNOW THEY HAVE PAID PARKING PLACES AND ALL THIS, THIS IS MY HOME.
IT IS NOT LIKE I JUST ARBITRARILY LEFT THE CAR OVERNIGHT AND LIVE SOME WHERE ELSE IN TOWN.
WE ARE TALKING ABOUT IN FRONT OF MY OWN HOME.
WHEN MY 86-YEAR-OLD MOTHER COMES TO VISIT ME, SHE CAN'T PUT HER CAR THERE. WE HAVE TO GO TO PUBLIC PARKING, IS THAT FAIR? THAT IS WHAT THIS IS SAYING AND THIS IS MY OWN HOME. AND THIS COULD HAVE BEEN DEALT WITH A WARNING JUST FOR A COURTESY.
>> I UNDERSTAND THAT. >> I THINK ANYBODY HERE IN MY SITUATION WOULD BE APPALLED IF THAT HAPPENED TO THEM AS I AM.
>> AND I TALKED TO THE GENTLEMAN, HE SAID I -- HE KNEW I LIVE THERE. HE KNEW THAT WAS OWNED BY ME.
OKAY. SO IT IS NOT LIKE GEE, I DIDN'T KNOW THIS IS JUST SOMEBODY PARKED THERE FOR -- HE KNEW IT
SPECIAL MAGISTRATE, DOES THE RESPONDENT HAVE ANYTHING ELSE?
>> DO YOU HAVE ANYTHING ELSE? >> NO I AM JUST DISAPPOINTED.
>> DO YOU HAVE ANYTHING YOU WANT TO SAY IN REBUTTAL?
>> NO. CERTAINLY PARKING ENFORCEMENT ORDNANCE SEPARATE FROM THE ORDNANCE RAISED HERE SAYS YOU MAY NOT PARK ON THE RIGHT-OF-WAY. IT IS ENFORCEABLE ALL OVER TOWN NO. 1. NO. 2 I AM HONESTLY CONFUSED HE IS LISTED A CODE FOR COMMERCIAL USES.
COMMERCIAL USE REGULATION IS ONE ITEM.
RESIDENTIAL USE IS ANOTHER. >> SO WHY -- HE IS SAYING IT IS MY HOUSE BUT PROVIDED A CODE FOR COMMERCIAL USE.
JUST ON THAT BASIS ALONE I DON'T BELIEVE IT APPLIES AND PARKING OFF STREET IS NOT REQUIRED. WE ARE TALKING ABOUT A BUSINESS
[00:15:01]
AND PROVIDING PARKING FOR CUSTOMERS.IT IS NOT APPLICABLE. ALSO STATED HE HAS A DRIVEWAY.
SO YOU KNOW, THERE IS PARKING AVAILABLE ON HIS PERSONAL PROPERTY WHICH IS WHERE HE IS REQUIRED BY OUR ORDNANCES TO PARK. PARKING ON CITY RIGHT-OF-WAY IS PROHIBITED. IT IS ENFORCED EVERYDAY THROUGHOUT THE CITY OF FORT PIERCE.
>> SO SPECIAL MAGISTRATE, I THINK MISS ARRAYS SUMMED UP THE ARGUMENT. I THINK THE ISSUE, ARGUMENT THAT IS PRESENTED THIS MORNING IS AN EQUITABLE ARGUMENT BY THE RESP RESPONDENT.
NOT SO MUCH FACTUAL ARGUMENT WHETHER THE VEHICLE WAS PARKED IN THE RIGHT-OF-WAY. AT THIS POINT CODE SAYS WHAT IT SAYS YOU HAVE THE EVIDENCE BEFORE YOU.
WE ASK THAT YOU MAKE YOUR RULING CONSISTENT WITH THE PARKING CODE WHICH IS ON POINT AS YOU KNOW WHEN IT COMES TO CONSTRUCTION, STATUTORY CONSTRUCTION. EVEN IF THIS PROVISION THAT IS CITED IN CHAPTER 125 WERE APPLICABLE.
PARKING CODE IS WHAT IS GOING TO APPLY.
THAT IS IN REFERENCE TO COMMERCIAL USES AND THIS IS A
THAT IS PART OF MY LIVELIHOOD, IT IS A COMMERCIAL VEHICLE.
THAT SHOULD HAVE SOMETHING. A LOT OF STUFF IS NOT WRITTEN.
A LOT OF THE STUFF IS ASSUMED THERE IS NO PARKING SIGNS AND THERE COULD BE FOR COURTESY. I JUST FEEL LIKE I SHOULD BE GIVEN A LITTLE COURTESY. EDGARTOWN HAS BEEN OVERLOOKED BY THIS WHOLE ADMINISTRATION. I CUT ACROSS THE STREET.
I HAVE TO CUT ALONG THE RIGHT-OF-WAY AND PICK UP TRASH AND TAKE CARE OF IT. I CAN'T USE THAT IN FRONT OF MY HOUSE, I NEED CLARITY. IF THIS IS BEING ENFORCED DOES THAT MEAN NOW SINCE THAT IS COMMERCIALLY CODED -- THEY ARE GOING TO CUT IN FRONT OF MY HOUSE NOW? WHO IS GOING TO CUT THAT? I NOTICE CONSIDERED COMMERCIAL, NOW THE CITY CUTS ALL THAT. IF THEY ARE TREATING THAT NOW AND FORGETTING IT IS A RESIDENT AND YOU CAN GO UP AND DOWN MANY STREETS AND SEE MANY CARS PARKED ON THAT EASEMENT, THEY ARE NOT TICKETED. IF THIS WAS GOING TO BE ENFORCED AS A COURTESY, SHOULD HAVE BEEN A WARNING.
>> RIGHT. BECAUSE I AM NOT A LAWBREAKER.
BECAUSE SINCE THIS HAPPENED -- THERE IS ENOUGH LEEWAY.
HERE FOR MY SPECIAL ED KIDS BECAUSE I KNOW THIS IS MORALLY WRONG I FELT IT WAS MY DUTY TO COME HERE.
LET'S GO FORWARD AND BE BIG ABOUT THIS.
AND DO THE RIGHT ETHICAL THING. THIS IS MY HOME I HAVE LIVED THERE 30 YEARS, I PARKED THERE. EVERYBODY KNOWS THAT IS WHERE I PARK THE CAR. I HAVE IN PERSONAL CARS.
I DON'T HAVE ROOM IN MY DRIVEWAY.
I HAVE TO PARK ON THE ROAD. DOES THAT MEAN I HAVE TO SELL A CAR? ARE YOU GOING TO COME AND SAY, YOU ARE PARKING OVER YOUR LAWN NOW.
I CAN'T WIN NOW. WHERE IS MY RIGHT TO ENJOYMENT AT MY HOUSE FOR GOD'S SAKES. YOU ARE APPLYING SOME BIGGER GOAL FROM THE CITY TO A PERSONAL HOMEOWNER RIGHT NOW IN THAT RESIDENCE BECAUSE IT IS AN AREA UNDER TRANSITION.
THAT IS NOT FAIR. >> SO MAGISTRATE, I WANT TO REITERATE THAT THE EVIDENCE YOU RECEIVED, THERE IS NO TESTIMONY ABOUT ANYTHING OTHER THAN FROM THE CITY'S PERSPECTIVE ABOUT ANYTHING OTHER THAN THE PHOTOGRAPHS AND THE POSITIONING
OF THE VEHICLE. >> I AM NOT ON THE SIDEWALK.
>> WE JUST ASK THAT YOU FOLLOW THE LAW.
>> THE VIOLATION DID OCCUR, I BELIEVE THAT YOU FEEL THAT YOU HAVE BEEN TREATED UNFAIRLY BECAUSE YOU WERE NOT GIVEN A WARNING. THERE IS AT THIS POINT THE FINE
[00:20:02]
OF $50 I WILL ASSESS. ADMINISTRATIVE FEE I WILL WAIVE.I CAN'T JUST, THAT IS ALL I CAN DO.
THE $50 WILL BE DUE IN 30 DAYS. >> WHAT IS DISAPPOINTING THERE WERE OTHER PEOPLE THAT HAD THEIR EXCUSED.
>> I DON'T KNOW ABOUT THE ONES. >> THERE WERE SIX EXCUSED FROM
THE MAYOR'S OFFICE OKAY. >> WHAT IS BEFORE ME IS THIS CASE. I AM WAIVING $10.
OTHERWISE $50 FINE DUE IN 30 DAYS OR RESULT IN BEING FORWARDED TO THE COUNTY COURT SYSTEM.
I AM SORRY YOU DIDN'T GET A WARNING.
I APPRECIATE YOU COMING IN TODAY.
[D. 21-1422 PK 100 Blk N 2nd St Michael Gray Janey Vanderhorst]
>> NEXT CASE, 21-1422, 100 BLOCK NORTH SECOND STREET.
MICHAEL GRAY. IT IS A CALL IN.
I AM GOING TO PHONE HIM IN. >> I WILL WAIT FOR THEM TO BE
>> HELLO, IS THIS MICHAEL? >> YES, IT IS.
>> HI MICHAEL THIS IS KATHERINE CALLING FROM CODE ENFORCEMENT.
WE ARE CALLING YOUR CASE WITH SPECIAL MAGISTRATE THIS MORNING.
>> OKAY. >> I AM GOING TO ASK YOU PLEASE RAISE YOUR HAND AND LET ME SWEAR YOU IN.
>> STATE YOUR NAME FOR THE RECORD.
>> MICHAEL GRAY. >> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> SPECIAL MAGISTRATE MAY I PROCEED?
>> READY. >> GOOD MORNING MISS JANEY VANDERHORST WERE YOU PREVIOUSLY SWORN?
>> WERE YOU THE PERSON WHO ISSUED THE CITATION?
>> SURE? >> WHAT DATE WAS THE CITATION ISSUED? SO AT THIS TIME MOVE THESE PHOTOS IN, THERE ARE TWO PHOTOGRAPHS AND WE MOVE THEM IN AT CITY'S COMPOSITE ONE. THEY ARE LABELED ON THE BACK
SPECIAL MAGISTRATE. >> ENTERED INTO EVIDENCE AS CITY'S COMPOSITE ONE. CONSISTING OF TWO PAGES.
>> THAT IS A CROSSWALK. GOES EAST TO WEST ON SECOND
[00:25:07]
STREET. >> IS THAT VEHICLE, SO THE SHOT WE ARE LOOKING AT NOW FROM THE FRONT OF THE TICKETED VEHICLE,
>> SO YOU CAN SEE IT. I THINK THERE IS A PORTION OF THE CROSSWALK UNDERNEATH IT. IN FRONT OF THAT, DEPRESSION IN
THE SIDEWALK, CORRECT? >> CORRECT.
>> THAT IS ALSO FOR PURPOSES OF PEOPLE GETTING OFF OF THE SIDEWALK AND ON TO THE CROSSWALK, CORRECT?
>> CORRECT. >> ANYTHING ELSE YOU WANT TO
>> SO SPECIAL MAGISTRATE WE WOULD JUST ASK TO RESERVE FOR
REBUTTAL IF NECESSARY. >> OKAY.
>> IS IT MICHAEL GRAY? >> YES.
>> WOULD YOU LIKE TO STATE ANYTHING?
>> BRIEFLY THE REASON I PARKED THERE, VISITING FROM OUT OF THE AREA, I HAVE NEVER BEEN THERE. WE WERE LOOKING FOR A SPOT.
NOTICED A VEHICLE THAT MOVED FROM THE SHOT I PARKED IN.
I GUESS IT IS OKAY TO THERE. LOOKED ACROSS THE STREET IN THE SAME SPOT. ALSO A CAR PARKED THERE.
WHICH I DIDN'T UNDERSTAND THAT PERSON ALSO GOT A TICKET.
WE GOT OUT. MY WIFE AND SON AND I GOT OUT.
I MADE A COMMENT, I AM SURPRISED THIS ISN'T A CROSSWALK.
THERE IS NO SIGNAGE OR WHITE LINES.
THAT IS WHY I PARKED THERE. I ACTUALLY MADE A COMMENT ABOUT IT NOT BEING MARKED. THAT IS ALL I HAVE TO SAY.
>> DO YO HAVE ANYTHING ELSE? >> NO, MA'AM?
>> I ASKED WHAT THE BRICK WAS FOR PURPOSES OF CLARIFYING THE
RECORD. >> ALSO SEE THE BREAK IN THE SIDEWALK WHERE THE ACCESS FOR PEDESTRIANS TO CROSS THERE.
>> I UNDERSTAND THAT. CURIOUS AS TO WHY THERE IS NO SIGNAGE THERE? AND NO WHITE LINES PAINTED.
I FIND THE VIOLATION DID EXIST AND FINE ASSESSED AT $50 PLUS ADMINISTRATIVE FEE $10, AND LATE FEE 18TH.
>> THAT LATE FEE SHOULDN'T BE THERE.
>> TOTAL OF $60. YOU HAVE 30 DAYS.
>> DO YOU THINK THERE SHOULD BE A SIGNAGE THERE?
>> THE PAINTED YELLOW CURB IS THE SIGN.
>> INTERESTING PEOPLE WERE PARKING THERE OVER AND OVER AGAIN. LIKE I SAID NORMALLY THERE IS SIGNAGE. I UNDERSTAND YOUR POINT ABOUT THE YELLOW AND KEEP THAT IN MIND IN THE FUTURE I DO THINK THERE SHOULD BE SIGNAGE. APPRECIATE YOU GIVING ME YOUR
APPRECIATE YOU GIVING US YOURS. >> OKAY.
ANYTHING ELSE I NEED TO KNOW? >> NO.
I DON'T THINK SO. >> THANK YOU HAVE A WONDERFUL
>> THANK YOU. 21-2179, SERFISE LOUIDOR
[H. 21-2079 PK 100 Blk Atlantic Ave Serfise Louidor Michael Rabenecker]
>> DO YOU SWEAR OR AFFIRM YOUR TESTIMONY WILL BE THE TRUTH?
>> YES. >> IS YOUR DAUGHTER GOING TO BE
RAISE YOUR RIGHT HAND. >> DO YOU SWEAR OR AFFIRM YOUR
TESTIMONY WILL BE THE TRUTH? >> YES.
[00:30:03]
>> MAY I PROCEED, SPECIAL MAGISTRATE?
>> GOOD MORNING. >> WERE YOU PREVIOUSLY SWORN?
>> YES, MA'AM. >> WILL YOU STATE YOUR NAME AND
POSITION WITH THE CITY. >> MICHAEL RABENECKER.
ENFORCER FOR THE CITY OF FORT PIERCE.
>> IS THAT A PARKING CITATION? >> YES, MA'AM.
>> WHAT DATE WAS THE CITATION ISSUED?
>> AUGUST 10TH, 2021. >> IS THAT WITHIN THE CITY LIMITS OF FORT PIERCE? YES, MA'AM.
100 BLOCK ATLANTIC AVENUE. >> WHAT WAS THE NATURE OF THE
VIOLATION YOU OBSERVED? >> 3435 T FACING THE WRONG
DIRECTION. >> DID YOU TAKE PHOTOS OF THE VEHICLE? YOO YES, MA'AM.
>> DID THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> I'LL LET THE RESPONDENTS LOOK AT THE PHOTOS, SPECIAL MAGISTRATE.
>> CITIES COMPOSITE ONE. >> ENTERED AS CITY'S COMPOSITE
EXHIBIT ONE. >> PHOTO UP ON THE SCREEN IS
THAT THE VEHICLE YOU TICKETED? >> YES, MA'AM.
>> PART OF THE PACKET THE SPECIAL MAGISTRATE HAS?
>> YES, MA'AM. >> FACING THE WRONG DIRECTION YOU CAN SEE THE STOP SIGN IN THE BACK BEHIND THE VEHICLE.
PASSENGER SIDE RIGHT TIRE SHOULD BE ON THE CURB.
>> I HAVE NO FURTHER QUESTIONS SUBJECT TO REBUTTAL.
>> STATE YOUR NAME BEFORE YOU START.
YOU HAVE BEEN SWORN IN, YES. >> I WAS WORKING -- AT THE TIME.
I DON'T KNOW IF THAT IS GOING TO DO ANYTHING THAT IS ALL I HAVE TO SAY. PARKING TICKETS DON'T GO ON YOUR DRIVING RECORD IF THAT IS A CONCERN.
>> I DON'T KNOW ANYTHING ABOUT THIS COURT WHEN I RECEIVED A TICKET. I AM LIKE I DON'T EVEN KNOW THIS PLACE. THAT IS WHEN I REMEMBERED MY
DAUGHTER USED IT HERE. >> THANK YOU FOR TELLING ME.
>> NO, MA'AM. >> UNFORTUNATELY THE VIOLATION DOES EXIST. THERE IS AN ADMINISTRATIVE FEE,
I COULD WAIVE THAT, I THINK. >> THANK YOU.
>> IT WILL BE $50, YOU HAVE 30 DAYS.
WILL NOT EFFECT YOUR DRIVING RECORD.
AFTER 30 DAYS IF YOU DON'T PAY IT GOES TO THE COUNTY COURT SYSTEM. THANK YOU FOR COMING IN.
[K. 21-2283 PK Porpoise Beach Claire Pierce John Makolin]
>> OKAY. OUR NEXT CASE 21-2283.
CLAIRE PIERCE. >> WERE YOU SWORN IN THIS
MORNING? >> RAISE YOUR RIGHT HAND, STATE YOUR NAME. DO YOU SWEAR OR AFFIRM YOUR
TESTIMONY WILL BE THE TRUTH? >> I DO.
[00:35:02]
>> MAY I PROCEED? >> YES PLEASE
>> GOOD MORNING AGAIN. ARE YOU READY?
OKAY. >> IS THAT A PARKING CITATION?
YOO YES, IT IS. >> WHAT DATE WAS THE CITATION
ISSUED? >> SEPTEMBER 6TH, 2021.
>> ISSUED WITHIN THE CITY LIMITS OF FORT PIERCE?
>> YES IT WAS. >> AT WHAT LOCATION?
>> IT WAS AT THE BEACH ACCESS. >> WHAT WAS THE NATURE OF THE
VIOLATION YOU OBSERVED? >> 3435 T, PARKING WITHIN 35
FEET OF A TRAFFIC CONTROL SIGN. >> DID YOU TAKE PHOTOGRAPHS?
>> YES, MA'AM, I DID. >> DO THEY FAIRLY AND ACCURATELY
DEPICT WHAT YOU SAW? >> YES, MA'AM.
>> CAN YOU PLEASE SHOW THEM TO THE RESPONDENT? IT IS ONE SHEET OF PAPER THREE PHOTOGRAPHS.
MOVE IT IN AT CITY'S ONE. >> THREE PHOTOS ENTERED AS
CITY'S EXHIBIT ONE. >> MR. REYES PUT PHOTOGRAPH ON THE SCREEN IS THAT PART OF THE EXHIBIT HANDED TO THE SPECIAL
>> OKAY. ALL THREE OF THOSE PHOTOGRAPHS
>> CAN YOU TELL US WHAT WE ARE LOOKING AT IN THIS FIRST
PICTURE? >> PARALLEL TO A1A, STOP SIGN CLEARLY VISIBLE. THE STOP BAR VISIBLE.
VEHICLE IS PARKED BASED ON THE PHOTO TWO, TWO AND A HALF FEET
OF THE STOP SIGN AND STOP BAR. >> OKAY.
>> PHOTO WE ARE LOOKING AT, IS THAT THE WAY THE VEHICLE WAS POSITIONED AT THE TIME YOU TICKETED IT?
>> SPECIAL MAGISTRATE, I WILL RESERVE TIME FOR REBUTTAL IF
NECESSARY. >> WOULD YOU LIKE TO --
>> GOOD MORNING. >> I HAVE BEEN BEEN GOING TO THIS BEACH A LONG TIME. %-PE THIS IS RECENTLY BEING ENFORCED NOT TO PARK IN FRONT OF THE STOP SIGN I HAVE PARKED IN ALL OF THE PARKING SPOTS AT THIS BEACH. IF THEY ARE GOING TO JUST NOW START TO ENFORCE, I THINK IT SHOULD BE POSTED.
TICKET I RECEIVE SAYS PARKING WITHIN 30 FEET OF A STOP SIGN.
THE ENTIRE BEACH PARKING IS WITHIN 30 FEET OF THE STOP SIGN.
ONLY MY VEHICLE WAS TICKETED THAT DAY.
THE PICTURE THAT IS POSTED HERE ON THE SCREEN I HAVE MY OWN PICTURES FROM THE SAME DAY. I WOULD LIKE TO PRESENT.
I AM NOT PARKED AS CLOSE AS THAT PICTURE DEPICTS.
I AM ASKING FOR THEM TO MARK DON'T PARK THERE.
WHEN I RETURNED OTHER DAYS TO GO TO THE SAME BEACH I GO TO ALL THE TIME, THEY HAVE TICKETED OTHERS IN THE SAME SPOT.
IT IS NOT FAIR TO NOT WARN PEOPLE DON'T PARK HERE.
THERE IS NOT FOUR PARKING SPOTS DEPENDING ON HOW OTHERS PARK.
THERE IS A HANDICAPPED PARKING. THE PERSON TICKETING THE VEHICLES COULD HAVE COME ON THE BEACH WHOEVER IS PARKED HERE, COULD YOU MOVE YOUR VEHICLE? THEY DON'T HAVE TO DO THAT, NO.
THEY COULD WARN PEOPLE BEFORE THEY HAND OUT $50 TICKETS.
YOU COULD TAKE THE MONEY YOU ARE COLLECTING AND PUT A SIGN DON'T PARK HERE, PLEASE. EVEN IF SOMEBODY IS PARKED THERE, IT IS NOT GOING TO CHANGE THE FLOW OF TRAFFIC FROM PEOPLE HAVING TO STOP AT THE STOP SIGN BECAUSE OF ALL THE VEHICLES PARKED THERE ANY WAY. I DON'T UNDERSTAND WHY YOU CAN'T PARK THERE. YOUR CAN SEE FROM THE PICTURES I
SUBMITTED. >> MAGISTRATE, SORRY TO INTERRUPT, THEY NEED TO BE ADMITTED SO WE CAN DISCUSS THEM FURTHER. I HAVE NO OBJECTION JUST ASK THAT STAFF BE ABLE TO LOOK AT THEM.
[00:40:03]
>> MY ONLY OTHER THING I WOULD LIKE TO SAY IS COULD THEY MOVE THE PARKING TO THE OTHER SIDE SO NOBODY PARKS IN FRONT OF THE STOP SIGN IF THAT IS AN ISSUE IF YOU ARE GOING TO CONTINUE TO TRY TO TICKET PEOPLE WITHOUT A WARNING, $50.
$50 FINE WITHOUT A WARNING IS A LITTLE RIDICULOUS ALL I AM
SAYING. >> CAN THESE PICTURES SAY?
>> ABSOLUTELY, I DON'T NEED THEM.
THESE THREE PICTURES WILL BE ADMITTED AS YOUR EXHIBIT.
>> OKAY. >> CAN YOU EXPLAIN WHAT YOU WANT TO POINT OUT WITH THESE? YOU ARE FURTHER, I THINK YOU -- THERE WAS ESTIMATE OF TWO FEET. YOU ARE SAYING IT IS MORE THEN THAT. NOT 15?
>> NO. BUT THE TICKET IS FOR PARKING WITHIN 30 FEET OF THE STOP SIGN. THE WHOLE PARKING LOT IS WITHIN 30 FEET OF THE STOP SIGN. IT IS A SMALL BEACH.
>> AND THESE THREE CARS? NOBODY ELSE WAS TICKETED.
I AM JUST SAYING THERE IS NOT MUCH OPTION OF WHERE TO PARK.
MY WHOLE POINT IS: PUT A SIGN, DON'T PARK HERE.
THE NEXT TIME I WENT TO THE BEACH, I FOUND AN ALTERNATE PARKING SPOT. SOMEONE ELSE PARKED THERE.
DON'T PARK THERE, THEY'LL GIVE YOU A TICKET.
SOMEONE ELSE SAID YEAH, I GOT A TICKET, TOO.
THAT IS RIDICULOUS. WHEN THERE IS NO SIGN NOT TO PARK THERE. THERE IS NO LINES FOR PARKING.
ALL THE SPOTS LOOK ACCEPTABLE TO PARK.
THERE IS NO INDICATION NOT TO PARK NEXT TO THE STOP SIGN.
>> SPECIAL MAGISTRATE WHAT SHE IS ASKING THAT THE CITY PUT A NO PARKING SIGN TO EVERY STOP SIGN THROUGHOUT THE CITY.
WE CAN DO THAT, MA'AM. IF WE DO FOR ONE, WE HAVE TO DO IT FOR ALL. WHEN THERE IS A GENERAL LAW WHICH IS PART OF YOUR DRIVING EDUCATION THAT YOU CANNOT PARK
IN FRONT OF A STOP SIGN. >> SPECIAL MAGISTRATE, IF I CAN JUST NOT HAVE CROSS TALK. IF THE RESPONDENT IS FINISHED,
CAN I MAKE A REBUTTAL? >> SURE.
>> OUT OF ALL THE YEARS I HAVE BEEN VISITING HERE, WHY ARE THEY DOING THIS NOW? DID SOMETHING HAPPEN? DID SOMETHING CHANGE THAT NOW THEY ARE COMING IN AND SHOWING UP AND PUTTING TICKETS ON PEOPLE'S WINDSHIELD FOR THIS? THAT IS ALL. I KNOW IT IS NOT POSSIBLE TO PUT A SIGN DON'T PARK HERE. WE KNOW NOT TO PARK IN FRONT OF STOP SIGNS. THE WAY THIS STOP SIGN IS POSITIONED IN THIS PARTICULAR PARKING LOT.
DOESN'T LOOK LIKE IT IS UNACCEPTABLE TO PARK HERE.
I AM NOT UNREALISTIC. I DON'T EXPECT YOU TO DO THAT
THROUGHOUT THE CITY. >> RULE ALWAYS ENFORCED.
I BELIEVE WHAT THE RESPONDENT IS SAYING SHE GOT LUCKY BY NEVER BEING CITED BEFORE. RULE HAS ALWAYS BEEN ENFORCED.
THE CITY COMMISSION HIRED ADDITIONAL ENFORCEMENT OFFICERS TO INCREASE ENFORCEMENT CITY WIDE.
THAT IS PART OF THE PROGRAMS HAPPENING RIGHT NOW.
BUT THE RULE HAS ALWAYS BEEN ENFORCED.
SHAY MAY HAVE GOTTEN LUCKY PARKING THERE IN THE PAST AND
NOT GETTING CITED. >> I'LL ADD THE ACTUAL PROVISION COMES FROM STATE STATUTE. SO I THINK EVERY ONE WHO DRIVES OR SUBJECTS THEMSELVES TO THE JURISDICTION OF THE STATE OF FLORIDA SUBJECT TO THE LAWS OF THE STATE OF FLORIDA.
SO REGARDLESS OF WHETHER WARNING IS GIVEN OR SPECIAL SIGNAGE, LAWS OF THE STATE OF FLORIDA ARE THE LAWS OF THE STATE OF FLORIDA AND ALL CHARGED WITH FOLLOWING THEM.
MUCH IN THE SAME WAY POLICE CAN'T BE EVERYWHERE TO STOP EVERYBODY THAT IS SPEEDING. PARKING ENFORCEMENT CAN'T BE EVERYWHERE AT ALL TIMES TO TICKET EVERY PARKING VIOLATION.
I WOULD ASK WE FOCUS BACK ON THE FACTS OF THIS CASE AND WHETHER OR NOT THE VEHICLE AS DEPICTED IN THE EXHIBITS IS WITHIN 30
FEET OF THE STOP SIGN. >> I WOULD LIKE TO ADD IF THAT
[00:45:04]
IS THE CASE, PARKING NEEDS TO BE MOVED TO THE OTHER SIDE, OPPOSITE OF THE STOP SIGN. ALL OF THE PARKING SPOTS WILL BEWITHIN 30 FEET OF THE STOP SIGN. >> I CAN REFER THAT TO THE
PUBLIC WORKS DEPARTMENT. >> OKAY.
>> THE OTHER SIDE SAYS NO PARKING.
IN ONE OF MY PICTURES YOU CAN SEE THE BACKS THAT SAYS NO
PARKING THERE. >> I GUESS IF YOU CAN PUT IN A REQUEST TO PUBLIC WORKS WITH THAT SUGGESTION AND SEE IF
THEY'LL -- >> I WOULD BE HAPPY TO DO THAT.
>> THEY ARE SAYING YOU CAN'T PARK WITHIN 30 FEET.
IF I AM NOT ALLOWED TO PARK IN ANOTHER PLACE.
THAT IS ALL. >> UNDER THE CIRCUMSTANCES, I FIND THAT THE VIOLATION DOES EXIST ANT THE $50 FINE IS DUE IN 30 DAYS. I WILL WAVE ADMINISTRATIVE FEE.
THE FINE WILL STAY AND IF IT IS NOT PAID IN 30 DAYS, FORWARDED
TO THE COUNTY COURT SYSTEM. >> THANK YOU FOR YOUR TIME.
[C. 10-0035 CE 521 Douglas CT Joseph Basso Peggy Arraiz]
[D. 09-2199 CE 521 Douglas Ct Joseph Basso Peggy Arraiz]
>> THANK YOU. >> NEXT CASE 10-35.
521 DOUGLAS COURT. JOSEPH BASSO.
WE HAVE A COMPANION AS WELL. LIEN REDUCTIONS.
2010 CASE AND 2009-2099 WHICH WILL BE THE NEXT ONE.
>> SPECIAL MAGISTRATE I'LL BE PRESENTING THESE BOTH TODAY.
521 DOUGLAS COURT OWNED BY JOSEPH BASSO.
CASE INITIATED BEFORE SORRY BEFORE I SAY THAT.
I WANT TO MAKE SURE I HAVE THE CORRECT NAME OF THE PROPERTY GROUP. INA GROUP.
IT IS OWNED BY SECOND GENERATION.
CASE INITIATED JANUARY 5TH, 2010.
BEFORE YOU FOR A LIEN REDUCTION. CURRENT OWNER SECOND GENERATION BUILDING CORP AND OWNED BY RAY PROPERTY INVESTORS LLC.
UNSAFE BUILDING AND 5-368 PROPERTY MAINTENANCE.
OWNERS IN VIOLATION, FIVE DAYS TO COMPLY OR FINED $250 A DAY.
I AM GOING TO SUMMARIZE EVERYTHING ON THE PAPER.
THIS WAS ALL HANDLED BY THE PRIOR OWNER.
NEW OWNER TAKEN POSSESSION OF THE PROPERTY AND INHERITED THE LIEN. OKAY.
THAT IS WHY THE REDUCTION IS BEFORE YOU TODAY.
TO FOLLOW THE RULES, I WANT TO GO THROUGH CRITERIA.
ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATION WERE NONE.
BUILDING DEMOLISHED BY THE CITY. LENGTH OF TIME TO BRING INTO COMPLIANCE TWO YEARS. NUMBER OF VIOLATIONS, TWO THIS ONE AND ANOTHER IN A MOMENT. VIOLATOR RECEIVED IN THE PAST.
FOUR OF WHICH WERE HANDLED BY THE CITY.
TWO CODE CASES HERE TODAY. NINE OTHER CASES BROUGHT INTO COMPLIANCE VOLUNTARILY. CITY DEMOLISHED THE BUILDING.
THERE IS ONE ACTIVE CRANE CASE ON THE PROPERTY.
GRASS NEEDS TO BE CUT AGAIN. THIS PROPERTY HAS GONE BEFORE THE CITY COMMISSION FOR DEMOLITIONS AND ALREADY ADDRESSED. TY I DO WANT TO REVIEW ADMINISTRATION FEES. THIS CASE OPEN FOR 14 MONTHS.
HAS NUMBER OF NOTICES AND FILINGS AND ESTIMATED COST COME IN ROUGHLY $1,000. STAFF IS GOING TO RECOMMEND REDUCING THE LEAN WHICH LET ME FIND THE TOTAL.
[00:50:02]
$98,780 TO THE $100 THAT IS STAFF'S RECOMMENDATION.>> DO YOU WANT TO ADDRESS THIS NOW?
>> SO JUST I'LL GO OVER -- PEGGY KNOWS.
WE ARE ACQUIRING PROPERTIES PI WOULD SAY, 99% HAVE THESE VIOLATIONS. THIS IS JUST SOMETHING.
THE THING IS ONCE WE PURCHASE THESE PROPERTIES THEY ARE AT THEIR MAX VALUE OF HOW MUCH WE CAN BUDGET TO MAKE THIS A REALITY WE ARE BUILDING SINGLE FAMILY RESIDENTIAL HOMES DUPLEXES. WE HAVE BEEN WORKING WITH JENNIFER A YEAR NOW TO GET THESE THINGS WHERE THEY'LL LOOK LIKE SINGLE FAMILY RESIDENTIAL HOMES, ARCHITECTURALLY.
THIS IS A BIG UNDERTAKING THAT THE PROPERTY HAS TO MAKE SENSE.
SO MANY PROPERTIES WE WANT TO ACQUIRE.
WE HAVE TO WORK TOGETHER HERE TO GET THESE THINGS TO WHERE WE CAN BUILD ON THEM. I HAVE PLANS WITH ME.
HISTORIC HOMES WE ARE GETTING READY TO BUILD.
SO THE PROBLEM IS BASICALLY THESE LIENS.
THAT IS WHERE WE ARE AT TODAY. >> COULD I HEAR THE CITY'S
RECOMMENDATION AGAIN? >> CITY RECOMMENDING $98,780 TO
$1,000. >> JUST WANT TO MAKE SURE THAT
IS ACCURATE. >> DO YOU HAVE QUESTIONS ABOUT THAT? SOUNDS --
>> I MEAN OBVIOUSLY, WE WORK TOGETHER AS A TEAM, I AM DOING THAT, JENNIFER AND MARIA. SEVERAL ENGINEERS WORKING.
I ASK FOR ZERO. IT IS WHAT IT IS.
>> I THINK THE $1,000 REFLECTS THE COST.
OF THE CITY. NOT AN ACTUAL FINE.
I WILL ACCEPT THE CITY'S RECOMMENDATION OF A THOUSAND
DOLLARS. >> SPECIAL MAGISTRATE, POINT OF ORDER, THIS IS A RECOMMENDATION TO THE CITY COMMISSION LESS THAN $3,000, IT IS REQUIRED TO GO TO THE COMMISSION FOR FINAL
APPROVAL. >> I AM GOING TO READ THE NEXT ONE A SECOND AS SOON AS I FINISH MY NOTES.
>> SPECIAL MAGISTRATE, THE NEXT CASE 09-2199 SAME ADDRESS.
THERE ARE MORE VIOLATIONS UNDER THE FIRST CASE, UNSAFE BUILDING.
PROPERTY MAINTENANCE SUBSECTIONS, ONE, TWO, THREE, FOUR, FIVE. 16-46, 47, 48, OUTSIDE STORAGE.
SUBSECTIONS A, Z ZONING DISTRICT.
CERTIFICATE OF ZONING COMPLIANCE.
LANDSCAPE MAINTENANCE. THIS CASE WAS PRESENTED ON NOVEMBER 4TH, 2009. VIOLATION, 15 DAYS TO COMPLY, LANDSCAPE MAINTENANCE AND 30 DAYS FOR ALL OTHER VIOLATIONS.
SAME SCENARIO EXISTS PROPERTY DEMOLISHED BRINGING VIOLATIONS INTO COMPLIANCE. LIEN FILED.
NEW OWNER LOOKING TO REDEVELOP THESE PROPERTIES.
FOR THE RECORD SEVEN CRITERIA, GRAVITY OF THE VIOLATION MAJOR.
NO ACTIONS TAKEN. TOOK TWO YEARS TO COME INTO COMPLIANCE. TWO CASES.
LOT CRANE CASES, CLEARING CASES INVOLUNTARY.
TWO CODE CASES FOUND IN VIOLATION TWO BEFORE YOU TODAY.
CODE CASES VOLUNTARILY COMPLIED AND ONE CONDEMNATION, INVOLUNTARILY COMPLIED. ADMINISTRATION FEES DIFFERENT FOR THIS CASE, LITTLE OLDER. THESE ARE RUNNING AT 19 F 67 FOR THE TOTAL STAFF IS GOING TO RECOMMEND REDUCING LEAN $109,780
[00:55:05]
TO $2,000. >> DO YOU HAVE ANYTHING ELSE YOU WANT TO ADD? CITY'S COSTS AT 2,000.
I WILL RECOMMEND 2,000. CITY COUNCIL
>> BECAUSE OF THE MULTITUDE OF PROPERTIES WE ARE ACQUIRING, THEY ARE OUT OF CONTROL. I CAN SET UP SOMEBODY GOING ONCE A WEEK. WE CURRENTLY OWN 40.
I AM TRYING TO BE THE PREMIER BUILDING.
I AM RENOVATING HOUSES ONE BY LINCOLN PARK, WHICH IS 16TH COURT. PUTTING PAVEWAY DRIVEWAYS.
NEW ROOFS, GRANITE. JUST REALLY STICKS OUT.
SOMEBODY HAS TO START SOME WHERE TO MAKE THIS HAPPEN.
AM I GOING TO BE AT A LOSS YEAH, STARTS THE BALL ROLLING.
I AM MORE OF A HIGHER END-TYPE PERSON.
SOMEBODY HAS TO START SOME WHERE GETTING THIS DIFFERENT LOOK HERE. I AM PUTTING UP, CURRENTLY TRYING TO PUT AARCHIES. I WORK WITH A REDEVELOPMENT AGENCY. LAUNDRY MAT ON 13TH STREET.
THAT IS MORE OF A COMMERCIAL ISSUE.
I AM TRYING THE GET THE BALL ROLLING WITH RESIDENTIAL.
CITY DOESN'T ALLOW MODELS. IT IS HARD TO SELL HOMES IF PEOPLE CAN'T SEE THE HOMES. I HAVE VISIONS OF -- THIS IS ONE WE ARE PUTTING UP NOW. JUST TO SHOW YOU QUICKLY.
I WORK WITH ARCHITECTS. JUST GOING TO CHANGE THE WHOLE
AREA, HOPEFULLY. >> MR. JOSEPH BASSO, I BELIEVE THE LOT CLEARING 60 DAYS. JUST SO YOU ARE AWARE, THIS WILL NOT GET TO THE CITY COMMISSION UNTIL NOVEMBER 15TH.
>> THAT IS FINE. >> SAW THE ONE I WENT TO AFTER WE APPLIED. THERE IS ANOTHER ONE ATTACHED TO
WE'LL GET IT IN FRONT OF THE CITY COMMISSION.
>> HAVE A GREAT DAY. >> YOU, TOO, THANK YOU.
>> DO WE HAVE ANOTHER TELEPHONE? >> YES.
[J. 21-2282 PK South Causeway Nicole Lorraine Sabino Damuries Tavarez Sabino Junior John Makolin]
>> NEXT CASE 21-2282. SOUTH CAUSEWAY NICOLE LORRAINE SABINO. DAMURIES TAVAREZ SABINO JR. I AM
GOING TO CALL HER IN. >> HI, IS THIS NICOLE?
>> HELLO, THIS IS KATHERINE CALLING IN FOR CODE ENFORCEMENT FORT PIERCE. WE ARE GOING TO CALL YOUR CASE.
DO YOU SWEAR OR AFFIRM YOUR TESTIMONY YOU ARE ABOUT TO GIVE
[01:00:04]
>> THANK YOU. >> MAY I PROCEED.
GOOD MORNING, WERE YOU ASSIGN TO CASE 21-2282?
>> YES. >> WE HAVE A RESPONDENT ON THE PHONE CAN YOU INTRODUCE YOURSELF.
>> JOHN MAKOLIN. CITY ENFORCEMENT FOR CITY OF
FORT PIERCE. >> YOU HAVE BEEN ASSIGNED TO THE CASE RECENTLY CALLED. WAS THAT A PARKING CITATION?
>> WHAT DATE WAS IT ISSUED? >> SEPTEMBER 4TH, 2021.
>> WAS IT ISSUED IN THE CITY LIMITS OF FORT PIERCE?
>> YES. >> WHAT WAS THE NATURE OF THE
VIOLATION YOU OBSERVED? >> VEHICLE PARKED IN A POSTED NO
WHAT PART OF THE CITY WAS THIS? >> CAUSEWAY BEACH.
>> DID YOU TAKE A PICTURE? >> YES, MA'AM.
>> DID IT FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES. >> WAS A COPY SENT VIA E-MAIL TO
>> YES. >> SO AT THIS TIME, IS IT MULTIPLE PHOTOS ON ONE SHEET OF PAPER?
>> CITIES ONE EXHIBIT. >> ONE EXHIBIT, YES.
>> MOVED INTO EVIDENCE CITIES EXHIBIT ONE.
>> PHOTOS ON THE SCREEN NOW. PART OF CITY'S EXHIBIT ONE?
>> TWO PHOTOS ARE YES. >> OKAY.
THERE IS ONE PHOTO THAT IS A PICTURE OF THE CITATION ISSUED.
THERE IS ANOTHER PHOTOGRAPH THAT SHOWS HONDA ODYSSEY MINIVAN.
CAN YOU TELL US, TALK TO US LITTLE MORE ABOUT IT?
>> SEVERAL SPOTS ADJACENT TO THE BOAT RAMP AT THE PARK.
MARKING OFF TWO SLOTS NOT POSTED WITH A SIGN.
TWO PARKING SPOTS ADJACENT SIGNAGE TO THE EAST AND WOULD BE -- AT THE FRONT OF THE VEHICLE TOWARDS THE PARK.
>> WE PLACE CONES 3:00 P.M. OBSERVED VEHICLES PARKED THERE.
THIS ONE AND ANOTHER ONE. I ISSUED CITATIONS FOR PARKING
IN A POSTED NO PARKING ZONE. >> CAN WE GO TO THE PHOTOGRAPH
WITH THE CONES? >> WERE ALL THESE PHOTOS SENT?
>> NOT BY ME. >> SPECIAL MAGISTRATE, OKAY.
THERE SEEMS TO BE ADDITIONAL PHOTO ON THE SCREEN SHOWING CONES NOT INCLUDED IN YOUR PACKET.
APPARENTLY NOT SENT TO THE RESPONDENT.
SO TO AVOID EX PARTE COMMUNICATIONS, I ASK THAT WE TAKE PHOTOS DOWN FROM THE SCREEN.
I AM ASKING THAT WE MIGHT NEED TO CONTINUE TO HEARING IF THERE IS EVIDENCE THAT STAFF WANTS TO PRESENT RELATED TO THE PHOTOS.
I WILL DEFER TO MISS REYES. >> SO WE ARE GOING TO GO FORWARD WITHOUT INTRODUCING THOSE AND ONLY CONSIDER WHAT IS IN
EVIDENCE AT THIS TIME. >> OKAY.
>> CAN I CALL MR. VANDER HORSE. >> CAN YOU EXPLAIN THE PURPOSE
OF THE CONES? >> THE CONES WERE PLACED ON DIFFERENT LOCATION THROUGHOUT SOUTH CAUSEWAY PARK MOST OF THESE AREAS THEY ARE NOT SUPPOSED TO PARK.
[01:05:02]
WE PUT THE ORANGE CONES ON THE PARKING.>> TO AVOID PERSONS GETTING A TICKET.
SO THEY KNOW DO NOT PARK HERE. >> DO THE CONES SAY NO PARKING?
WHERE THIS PARTICULAR VEHICLE PARKED, CONES SET UP?
WHAT WAS THE SITUATION? >> I AM GOING TO DEFER THAT TO
JOHN. >> THERE WERE CONES IN THESE
SPACES. >> WHERE WERE THE CONES WHEN YOU
PHOTOGRAPHED THE VEHICLE? >> THEY WERE PROBABLY NOT THERE IN THE PHOTO. PEOPLE HAVE A TENDENCY MOVING LEFT AND RIGHT AND PARKING IN THE SPOT.
I CAN'T RECALL WHERE THE CONES WERE IN THIS PARTICULAR CASE.
>> DO YOU HAVE ANYTHING ELSE? >> I DON'T HAVE ANYTHING ELSE,
UM. MISS NICOLE LORRAINE SABINO, WOULD YOU LIKE TO SPEAK NOW TO DESCRIBE WHAT HAPPENED?
>> I AM SORRY, CAN YOU REPEAT THAT, PLEASE?
>> SPEAK AS TO WHAT OCCURRED THAT DAY.
>> MY HUSBAND AND I TOOK OUR FAMILY TO THE BEACH.
WE PULLED INTO THE PARKING LOT. LOOKED FOR A SPACE CLOSE TO THE WATER. I SAW AN OPENING WHERE IN THE PARKING VEHICLE THERE WERE TWO VEHICLES PARKED TO THE RIGHT OF THE SPACE. THERE WAS NO VISIBLE INDICATION THAT IT WAS NO PARKING. NO SIGN POSTED IN THE SPOT.
WHEN WE GO TO THE BEACH THERE IS NO LINES DRAWN IN ANY OF THE SPARKING SPACES. AND THERE WERE NO CONES PRESENT.
THIS IS NEW INFORMATION TO ME THERE WERE SUPPOSED TO BE CONES THERE. WE DIDN'T MOVE CONES OR TOUCH ANYTHING. IT LOOKED LIKE A VALID PARKING SPACE. WE PARK THERE HAD IN FRONT THE VEHICLES. I MY HUSBAND GOT THERE AND HAD SEEN A PARKING CITATION ON THE VEHICLE AND WENT OVER TO SPEAK TO THE ISSUING OFFICER AND TOO LATE IT HAD ALREADY BEEN
WRITTEN. >> SORRY, DID YOU SAY YOU TOOK
PICTURES? >> YES, MY HUSBAND TOOK THE
>> YES. WHERE WE WERE PARKED IS WHERE THE YELLOW ARROWS ARE INDICATED. THEN THERE WERE TWO VEHICLES TO THE RIGHT OF US WHEN WE ARRIVED WHERE THE RED ARROWS INDICATED.
THERE WAS A GATE AND AND OBVIOUSLY WE WOULD NOT HAVE INTENTIONALLY PARKED ANYWHERE WE THOUGHT WAS NO PARKING.
WE WOULDN'T WANT A TICKET OR OBSTRUCT ANY KIND OF SERVICE.
>> MA'AM, WE ARE TRYING TO UP LOAD THE PHOTOS.
WERE THEY ATTACHED TO THE APPEAL YOU SUBMITTED?
>> YES. >> WE ARE LOOKING FOR THE PHOTOS
SHE SUBMITTED. >> WE DON'T HAVE PHOTOS.
WE DON'T HAVE THOSE PHOTOS. >> MAKE SURE THEY ARE NOT IN THE REST OF THE PACKET. DOUBLE CHECK THE PACKET.
>> THESE ARE THE SAME. >> SPECIAL MAGISTRATE SEEMS LIKE
[01:10:11]
WE ARE HAVING TROUBLE FINDING THE PHOTOS.I AM ASKING WE STOP THE HEARING RIGHT NOW AND I THINK MISS REYES SHOULD REQUEST THE CITATION BE DISMISSED.
>> THIS VIOLATION WILL BE DISMISSED AND THERE MISS NICOLE
LORRAINE SABINO. >> THANK YOU.
>> YOU ARE WELCOME. >> WE HAVE A COUPLE MORE THAT
[E. 21-1702 CT South Causeway Sean Patriani Heather Debevec]
ARE CALL IN. >> I AM GOING TO JUMP TO E.
I BELIEVE HE PROVIDED ME A PHONE NUMBER.
I AM GOING TO SEE IF I CAN CALL HIM AT THE TIME.
21-1702, SOUTH CAUSEWAY SEAN PATRIANI.
>> HI THIS IS KATHERINE FOR SPECIAL MAGISTRATE HEARING THIS
>> OKAY. I AM GOING TO SWEAR YOU IN.
PLEASE RAISE YOUR RIGHT HAND. >> STATE YOUR NAME FOR THE
RECORD. >> DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> I HAVE A QUESTION: >> YOU HAVE A QUESTION?
>> [INAUDIBLE] >> THE CITY ATTORNEY IS HERE, CODE OFFICER WHO ISSUED THE CITATION.
THIS IS A HEARING. THE ROOM IS OPEN AND THIS IS
BEING TELEVISED AS WELL. >> FANTASTIC.
>> CITY ATTORNEY WILL BEGIN. >> SPECIAL MAGISTRATE CISAN I JT HAVE, ASKING IF WE CAN PAUSE FOR ONE SECOND.
I WANT TO HAVE STAFF CLARIFY SOMETHING THAT MIGHT SAVE US
TIME. >> CAN I SEE YOU FOR ONE SECOND?
LOOKING AT THE SUBSECTION. >> CAN I SEE YOUR CITATION,
[01:15:11]
PLEASE. >> SPECIAL MAGISTRATE I AM LOOKING AT THE CITATION. I AM LOOKING AT THE CITY CODE.
IT APPEARS THERE IS AN ERROR. 28-31-28 SHOULD HAVE BEEN CITED AS 26. WE ARE ASKING TO AMEND THE CITATION AT THIS TIME. AND WE WILL LEAVE IT IN YOUR DISCRETION WHETHER OR NOT YOU WANT TO PROCEED WITH THE HEARING OR WHETHER OR NOT YOU WANT TO UM, RESCHEDULE THE HEARING SO THE RESPONDENT CAN HAVE AN ADEQUATE OPPORTUNITY TO UNDERSTAND THE ALLEGATION AND RESPOND TO IT APPROPRIATELY.
>> [INAUDIBLE]. >> I THINK HE SAID YOU WANT EVERYTHING DISCHARGED IS THAT CORRECT??
>> YES, MA'AM. >> WHAT I AM OFFERING POSTPONE TO CORRECT GIVE YOU TIME TO PREPARE.
OR JUST GO AHEAD WITH THAT TODAY.
DO YOU NEED TIME TO PREPARE BASED ON THAT CHANGE?
>> NO. [INAUDIBLE] YES, MA'AM -- I THINK IT SHOULD BE DISMISSED BASED UPON THE ERRORS THAT ARE OBVIOUSLY WRITTEN ON THE CITATION.
>> WELL, NO IT IS NOT GOING TO BE DISMISSED BUT REFILED WITH THE ERROR. WHICH IS JUST, AND THEN IT WILL BE REFILED. YOU WILL BE GIVEN A NEW DATE.
SO YOU CAN LOOK AT WHAT THE ACTUAL SECTION THAT YOU WERE IN VIOLATION WAS AND IF YOU NEED TO TIME TO DO THAT, YOU'LL BE GIVEN
THAT TIME. >> SPECIAL MAGISTRATE, WE CAN ALSO SEND A COPY OF THE CODE SO THE RESPONDENT CAN SEE WHAT SUBSECTION 26 IS REFERRING TO. I BELIEVE THERE MIGHT HAVE BEEN COMMUNICATIONS BETWEEN CODE OFFICE AND RESPONDENT ANY WAY REGARDING NATURE OF THE VIOLATIONS ALLEGED.
HE SHOULD BE ON NOTICE OF THE FACT OF BASICALLY WHAT HAS BEEN ALLEGED AGAINST HIM P. WRONG SUBSECTION ON THE CITATION.
IF STAFF CAN CONFIRM THAT. THEY ARE NODDING THEIR HEADS BUT
WE ARE ASKING TO CONTINUE THE HEARING AND RESCHEDULE FOR A NEW
DATE. >> HEARING WILL BE RESCHEDULED ON A NEW DATE. I BELIEVE.
>> NOVEMBER 3RD IS THE NEXT HEARING.
>> [INAUDIBLE] I WILL BE UNAVAILABLE TO GET COUNSEL BY THEN. I WAS UNABLE TO GET COUNSEL FOR THIS HEARING BASED UPON THE NOTICE GIVEN.
[01:20:06]
>> SPECIAL MAGISTRATE IT WAS ISSUED IN JULY.
>> NOBODY WANTS TO CONTINUE IT BECAUSE THERE IS NO CODE ENFORCEMENT. I HAVE EVEN GONE TO THE FLORIDA LAW. AND THESE ARE THE
RECOMMENDATIONS. >> SPECIAL MAGISTRATE ROSS HAS A HEARING ON THE 17TH. DO YOU KNOW WHEN SPECIAL MAGISTRATE NEXT MEETING IS AFTER THE 1ST OR AFTER THE 3RD?
>> IF IT IS AFTER 11/17, NEXT DATE 12/1.
I WOULD HAVE TO DOUBLE CHECK IF IT IS PUT HERE.
>> NEXT THREE HEARINGS, NOVEMBER 3RD, WHICH WE KNOW IS SPECIAL MAGISTRATE -- NOVEMBER 17TH AND DECEMBER 1ST.
NEXT THREE AVAILABLE DATES. >> I WAS LOOKING MORE TOWARDS
AFTER THE HOLIDAYS. >> SPECIAL MAGISTRATE, STAFF IS GOING TO ASK THAT YOU NOT ANSWER THAT REQUEST.
TICKET ISSUED IN JULY. AND WE ARE NOW IN NOVEMBER, SO STAFF FEELS AMPLE TIME FOR DEFENSE TO BE RAISED.
AND SO WE ARE ASKING THAT IT BE DONE DURING THOSE NEXT THREE
MEETINGS. >> DID YOU GET THE THREE DATES?
>> I WOULD LIKE TO OBJECT TO THAT BASED UPON THE CIVIL ATTORNEY SPEAKING CHANGING IT TO A DIFFERENT CODE SECTION.
>> SPECIAL MAGISTRATE LET'S SET IT FOR THE LATEST DATE IN DECEMBER. IT IS NOW LATE OCTOBER.
THAT GIVES THE RESPONDENT MORE THAN 30 DAYS TO RESPOND TO THE CITATION. BUT SO THAT WE ARE CLEAR, THERE HAVE BEEN COMMUNICATIONS LIKE I STATED BACK AND FORTH IS MY UNDERSTANDING REGARDING IS SUBSTANCE OF THE ALLEGATION, ICE CREAM VENDING WITHIN A CITY PARK.
SO IT IS JUST A MATTER OF EVEN IN CRIMINAL TRIALS, STATE CAN AMEND IF IT PROVIDES NO PREJUDICE TO THE DEFENSE.
MORE THAN 30 DAYS IS SUFFICIENT. AND THAT IS THE CITY'S POSITION.
>> I THINK IT IS QUITE SUFFICIENT.
>> DECEMBER 15TH. >> I AM TOLD WE HAVE A DECEMBER 15TH DATE THAT IS THE LATEST POSSIBLE DATE IN DECEMBER.
IF WE COULD GO WITH THAT. THAT PROVIDES --
>> 60 DAYS. >> NEARLY 60S, OCTOBER 20TH RIGHT NOW. SO I THINK THAT IS REASONABLE.
>> I THINK IT IS MORE THAN REASONABLE.
>> I WOULD ASK FOR 9 0 JUST BECAUSE I DON'T HAVE THE -- IT
IS GOING TO BE IMPOSSIBLE. >> IT IS OCTOBER, SIR.
>> DECEMBER 15TH IS THE LATEST. WILL BE AVAILABLE.
>> IS THAT YOUR RULING, SPECIAL MAGISTRATE?
>> THANK YOU, SIR. YOU'LL RECEIVE A NOTICE IN THE
MAIL. >> [INAUDIBLE] FORT PIERCE.
[G. 21-2111 PK South Causeway Gary Buchanan Michael Rabenecker]
>> NEXT CASE WILL BE 4G. ANOTHER CALL IN.
>> 21-2111 SOUTH CAUSEWAY GARY LANE GARY BUCHANAN.
[01:25:18]
>> HI IS THIS GARY? >> YES, MA'AM.
>> HI GARY, THIS IS KATHERINE, I AM CALLING YOU FROM CODE ENFORCEMENT IN FORT PIERCE THIS MORNING.
>> YES. >> HEARING, YOU ARE CURRENTLY LIVE ON SPEAKER. PLEASE RAISE YOUR RIGHT HAND AND
STATE YOUR NAME FOR THE RECORD. >> GARY BUCHANAN.
>> DO YOU SWEAR OR AFFIRM YOUR TESTIMONY YOU ARE ABOUT TO GIVE
>> THANK YOU. >> GOOD MORNING.
>> FOR CODE OFFICER MICHAEL RABENECKER COULD YOU INTRODUCE YOURSELF TO THE RESPONDENT SO HE KNOWS WHO IS SPEAKING.
STATE YOUR POSITION WITH THE CITY AND WHETHER OR NOT YOU HAVE
BEEN PREVIOUSLY SWORN. >> MICHAEL RABENECKER PARK ENFORCEMENT SPECIALIST CITY OF FORT PIERCE.
YES, I HAVE BEEN PREVIOUSLY SWORN.
>> THANK YOU. >> WERE YOU ASSIGNED TO WORK ON
>> WAS THAT A PARKING CITATION? >> YES, MA'AM.
>> WAS THE CITATION LOCATED IN THE CITY OF FORT PIERCE?
>> SOUTH CAUSEWAY PARK, 7/31/2021.
>> WHAT WAS THE NATURE OF THE VIOLATION.
>> 34-35 S PARKED IN THE CITY RIGHT-OF-WAY.
>> DID YOU TAKE PHOTOGRAPHS OF THE VEHICLE?
>> YES, MA'AM. >> DID THEY FAIRLY AND
ACCURATELY DEPICT WHAT YOU SAW? >> YES, MA'AM.
>> CAN YOU LOOK AT THOSE PHOTGRAPHS AND CONFIRM THEY
WERE SENT TO THE RESPONDENT? >> I DIDN'T GET THEM.
>> I APOLOGIZE. I DON'T BELIEVE I SENT THESE
PHOTOS TO THIS RESPONDENT. >> OKAY.
I WILL DEFER TO STAFF IF THEY WANT TO RECEIVE.
>> WE ARE GOING TO REQUEST A CONTINUATION.
>> SPECIAL MAGISTRATE TO AVOID EXPARATION COMMUNICATIONS, WE WOULD ASK TO CONTINUE. WE WANT THE RESPONDENT TO HAVE A
CHANCE TO SEE THE PICTURES. >> OKAY.
>> MR. BUCHANAN, OUR NEXT AVAILABLE DATE IS NOVEMBER 3RD, WILL YOU BE AVAILABLE THAT MORNING?
>> SURE. >> WE ARE GOING TO REQUEST THIS BE CONTINUED TO NOVEMBER 3RD. WE'LL MAKE SURE MR. BUCHANAN
GETS COPIES OF THE PHOTOS. >> THANK YOU.
>> THIS CASE WILL BE HEARD ON NOVEMBER 3RD.
>> I HAVE A QUESTION FOR STAFF. NOT SURE IF WE CAN PAUSE FOR A
MINUTE. >> SPECIAL MAGISTRATE DO YOU MIND IF WE GO OFF THE RECORD A MINUTE?
[I. 21-2278 PK 822 Seaway Dr / Chucks Seafood Samuel Garcia, Jessica Garcia Michael Rabenecker]
>> WHAT LETTER? >> THAT WOULD BE FOR I.
DO WE NEED TO? >> THIS IS SOMEONE WHO --
>> IT IS AN APPEAL. ASK THEM ON RECORD IF
[01:30:02]
822 SEAWAY DRIVE CHUCKS SEAFOOD. SAMUEL GARCIA AND JESSICA GARCIA. I AM GIVING
>> HELLO. >> HI, IS THIS SAMUEL GARCIA?
>> HELLO. >> HI, IS THIS SAMUEL?
>> YES. >> HI THIS IS KATHERINE, I AM CALLING FROM CODE ENFORCEMENT IN FORT PIERCE FOR SPECIAL MAGISTRATE HEARING THIS MORNING. I AM CALLING YOU LIVE ON SPEAKER INSIDE THE COMMISSIONER CHAMBERS, I AM GOING TO SWEAR
>> PLEASE RAISE YOUR RIGHT HAND, STATE YOUR NAME.
>> SAMUEL GARCIA. >> DO YOU SWEAR OR AFFIRM YOUR TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH.
>> SPECIAL MAGISTRATE AS TO THIS CASE, PARKING CITATION APPEAL.
THERE WERE PHOTOS TAKEN BY CITY STAFF.
WE WOULD LIKE TO HAVE AN OPPORTUNITY TO ENTER THOSE INTO EVIDENCE FOR THE HEARING. I AM NOT SURE THAT THE RESPONDENT HAS RECEIVED PHOTOS OR HAD A CHANCE TO REVIEW THEM AND WANT TO GIVE HIM THAT OPPORTUNITY.
AT THIS TIME, WE ARE ASKING TO RESCHEDULE THE TELEPHONE HEARING. WHATEVER --
>> CAN WE CONFIRM HE DIDN'T GET THEM.
>> CAN WE? SIR, DID YOU GET PHOTOS?
>> I HAVE GOTTEN LOT -- ONLY PHOTO I HAVEN'T GOTTEN ANY OTHER
IN LIGHT OF THAT WE WOULD ASK TO RESCHEDULE.
>> OKAY. THIS MATTER WILL BE RESCHEDULED AND PICTURES WILL BE SENT TO YOU SO YOU CAN SEE THEM PRIOR TO THE ACTUAL HEARING. OKAY?
>> OKAY. SENT BY E-MAIL I TAKE IT OR? WHAT ARE THE PICTURES FOR? KIND OF CONFUSED ABOUT WHAT IS
GOING ON. >> THE PHOTOS WILL DEPICT THE VEHICLE AT THE TIME THAT THE TICKET WAS GIVEN AND SENDING THEM VIA E-MAIL SAME WAY WE COMMUNICATED AT THE TIME OF
SCHEDULING THE HEARING. >> OKAY.
>> IS THERE A DATE ON THE RESCH
RESCHEDULING? >> VICE VERSA, IF THE RESPONDENT HAS PICTURES HE WOULD LIKE TO SEND US, IF --
>> NEXT AVAILABLE HEARING DATE NOVEMBER 3RD.
>> ACTUALLY, I SEND PICTURES IN ON MY END.
I DON'T KNOW IF YOU GUYS GOT 'EM?
>> WE'LL CONFIRM RECEIPT OF THOSE, SIR.
WE CAN WORK OUT THOSE DETAILS AFTER THIS MORNING.
>> ALL RIGHT. >> NOVEMBER 3RD.
>> OKAY. I THINK WE ARE REGULAR TO GO
[C. 21-0587 CE 1306 Avenue O Anthony Grisby Heather Debevec]
BACK TO REGULAR ORDER. ONE MORE CALL IN.THAT IS VIOLATION, WE ARE STILL ON CITATIONS.
>> WE CAN DO THAT CALL IN. LET'S GET THE CALL INS DONE.
>> NEXT CASE 5C. 21-587, 1306 AVENUE O.
[01:35:23]
>> ANT I ANT ANTHONY GRISBY. >> DO YOU SWEAR OR AFFIRM YOUR
TESTIMONY WILL BE THE TRUTH. >> I DO.
>> THANK YOU. >> 1306, AVENUE O, ANTHONY GRISBY. CASE INITIATED MARCH 19TH OF 2021 WAS FOR ADDRESS IDENTIFICATION.
PROTECTIVE TREATMENT. 304.1, REQUESTED THAT THEY BE VISIBLE FROM THE ROADWAY. PREPARE -- PRESSURE WASH DRIVEWAYS AND HOME. PAINT REPAIR TO MATCH.
SOME WORK DONE ON THE PROPERTY. WE ARE REQUESTING A 30 DAY
>> ALL RIGHT. DO I SAY SOMETHING NOW OR --
THAT WILL BE FINE. I HAVE SOMEONE DO THE WORK NOW.
EXPECT TO BE FINISHED WITHIN 10 CALENDAR DAYS.
>> GREAT. >> DO WE WANT TO PUT THE NEW
DATE ON THE RECORD NOW? >> WE DO.
STAFF IS GOING TO RECOMMEND CONTINUING TO NOVEMBER 17TH.
30 DAYS IN CASE THERE ARE ISSUES GETTING THINGS COMPLIED.
>> OKAY. >> IF YOU COULD COMMUNICATE WITH THE STAFF IF YOU HAVE COMPLETED EVERYTHING.
THEN YOU WON'T HAVE TO COME BACK.
OTHERWISE IT WILL BE HEARD NOVEMBER 17TH.
[A. 21-0825 PK South Causeway James Gocal Heather Debevec]
NOW 4A. 21-0825 SOUTH CAUSEWAY JAMESGOCAL. >> LET ME KNOW WHEN YOU ARE
READY. >> GOOD MORNING, WERE YOU
PREVIOUSLY SWORN? >> YES, MA'AM.
THIS IS NOT TELEPHONIC? >> NO.
>> RESPONDENT NOT PRESENT. WERE YOU ASSIGNED TO CASE?
>> YES, MA'AM. >> PARKING CITATION?
>> YES, MA'AM. >> APRIL 17TH, 2021.
>> WAS IT ISSUED IN CITY OF FORT PIERCE?
>> YES, MA'AM. >> IT WAS AT THE WEST
ENENTRANCE. >> WHAT WAS THE NATURE OF THE
VIOLATION? >> VEHICLE NOT PARKED IN A
PROPER PARKING SPACE. >> DID YOU TAKE PHOTOGRAPHS?
>> YES, MA'AM. >> MOVE PHOTOGRAPHS IN AS CITY'S COMPOSITE ONE. ANYTHING YOU WANT TO SAY ABOUT
>> ANYTHING ELSE YOU WANT TO SAY ABOUT THE CASE.
RECOMMENDATION ON THE AGENDA, STILL YOUR RECOMMENDATION?
>> NO FURTHER EVIDENCE TO PRESENT.
PHOTOS ENTERED CITY'S COMPOSITE EXHIBIT ONE.
THIS OVERHEAD SHOT. >> DOES IT REFLECT THE LOCATION
[01:40:04]
MORE LESS WHERE THE VEHICLE WAS TICKETED?>> YES. I PUT A RED MARK TRYING TO IDENTIFY WHERE THE VEHICLE WAS PARKED.
>> NO, MA'AM. >> NOTHING FURTHER, SPECIAL
>> I JUST HAVE A QUESTION. IS THE CITY REQUESTING A LATE
WHEN IT IS APPEAL WE DON'T REQUEST LATE FEE.
THEY ARE APPEALING THEY ARE NOT LATE.
>> OKAY. I FIND THAT THE VIOLATION DOES EXHIBIT AND VIOLATOR ASSESSED TOTAL DUE AS INDICATED $50 FINE, $10 ADMINISTRATION, LATE FEE OF $18, TOTAL OF $78.
PAY SAID FINE IN 30 DAYS, RESULT IN CITATION FORWARDED TO THE COUNTY COURT SYSTEM.
[B. 21-0730 PK Jaycee Park Joy Kilian Heather Debevec]
>> NEXT CASE, 71-730. JAYCEE PARK JOY KILIAN.
WERE YOU ASSIGNED TO 21-0730. PARKING CITATION?
>> YES, MA'AM. >> ISSUED IN THE CITY LIMITS OF
>> WHAT WAS THE NATURE OF THE VIOLATION?
>> NOT PARKED ON A PARKS SPACE BUT ON HASHED OUT SAFETY ZONE.
>> DID YOU TAKE PHOTOGRAPHS? >> YES.
>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES. >> ANYTHING ELSE YOU WANT TO SAY
ABOUT THE PHOTOS? >> NOT AT THIS TIME, NO, MA'AM.
>> PHOTOS SUBMITTED BY THE CITY ENTERED AS CITY'S COMPOSITE
EXHIBIT ONE. >> ANYTHING ELSE YOU WANT TO SAY BEFORE THE MAGISTRATE ISSUES HER RULING?
>> I DON'T BELIEVE SO. >> LOOKING AT THE PHOTOS CLEARLY NO PARKING AREA. SO I FINE THAT THE VIOLATION DOES EXIST. AND THE VIOLATOR ASSESSED FINE OF $50, ADMINISTRATION FEE $10, LATE FEE $18, TOTAL OF $78.
IF IT IS NOT PAID WITHIN 30 DAYS, THEN IT WILL BE SUBMITTED
TO THE COUNTY COURT SYSTEM. >> NEXT CASE, 21-1103, JAYCEE
[C. 21-1103 PK Jaycee Park Dustin Miller Heather Debevec]
PARK DUSTIN MILLER. >> WERE YOU ASSIGNED TO CASE
>> IS THAT A PARKING CITATION? >> I DIDN'T MEAN.
>> ISSUED WITHIN THE CITY LIMITS OF FORT PIERCE.
>> YES, JAYCEE PARK PARK. >> WHAT DATE?
>> MAY 9TH, 2021. >> WHAT WAS THE NATURE OF THE
VIOLATION YOU OBSERVED? >> VEHICLE PARKED NEXT TO THE
BOAT RAMPS, NO PARKING AREA. >> AND DID YOU TAKE PHOTOGRAPHS
>> DID THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> PHOTOGRAPHS ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.
>> ANYTHING YOU WANT TO SAY ABOUT THE PHOTOS
>> NO, MA'AM. >> AT THIS TIME, SPECIAL MAGISTRATE WE HAVE NOTHING FURTHER TO PRESENT.
>> I FIND BASED ON THE PHOTOS PRESENTED VIOLATION DOES EXIST.
VIOLATOR ASSESSED THE FINE OF $50, ADMINISTRATION FEE $10, LATE FEE, $18. TOTAL OF $78.
THEY HAVE 30 DAYS WITHIN WHICH TO PAY IT.
IF NOT, IT WILL BE FORWARDED TO THE COUNTY COURT SYSTEM.
>> THIS IS APPEAL. HE DIDN'T SHOW.
I WASN'T SURE IF YOU WANT TO CONTINUE THIS?
[01:45:03]
>> I'LL DEFER. IF YOU WANT TO GIVE A ONE-TIME
CONTINUANCE. >> SPECIAL MAGISTRATE THIS IS A APPEAL. STAFF IS GOING TO ASK THIS IS CONTINUED TO NOVEMBER 17TH. STAFF RECOMMEND NOVEMBER 17TH U.S. POSTAL HAS BEEN SLOW. UNLESS THIS IS AN E-MAIL.
DO WE HAVE E-MAIL FOR THIS ADDRESS?
>> WE DO. HE DIDN'T MAKE A REQUEST TO SHOW
UP TELL FON CLI. >> WE CAN SEND NOTICE
[A. 21-0065 CE 214 Gardenia Avenue Molinuevo, Miguel & Teresa Heather Debevec]
THAT WAS ALL THE CITATION CASES? >> 21-65.
2165. MIGUEL AND TERESA MOLINUEVO.
>> YES. >> CASE INITIATED JANUARY 22ND, 2021. ACCESSORY STRUCTURE.
EXTERIOR WALLS. REQUEST REPAIR OR REPLACE FRONT OF THE HOME BY THE DRIVEWAY. PAINT THE FRONT WHERE IT IS DISCOLORED. REQUEST CONTINUANCE BASED ON WORK COMPLETED THEY HAVE BEEN WORKING ON.
>> ALONG WITH CONTINUATION. >> STAFF REQUEST CONTINUED TO NOVEMBER 17TH SPECIAL MAGISTRATE.
>> CONTINUED TO NOVEMBER 17TH AGENDA.
[B. 21-0584 CE 1302 Avenue O Blakely, Adriene Heather Debevec]
>> NEXT CASE, 21-584. 1302 AVENUE O.
ADRIENE BLAKELY. READY, HEATHER.
>> CASE NO. 21-584. 1302 AVENUE O.
ADRIENE BLAKELY. PROTECTIVE TREATMENT.
OBTAIN PERMIT, REPAIR ROOF. PAINT HOME AND SHED, PRESSURE WASH DRIVEWAY. CITY REQUESTING SPECIAL MAGISTRATE FINDS -- FINE OF $100 A DAY BE ASSESSED.
>> FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> WE MOVE CITY'S COMPOSITE ONE.
NO >> ANYTHING YOU WANT TO SAY
ABOUT THE PICTURES? >> NOT AT THIS TIME.
>> WE WOULD ASK THAT YOU ISSUE YOUR RULING BASED ON THE PHOTOGRAPHS AND TESTIMONY YOU RECEIVED, SPECIAL MAGISTRATE.
>> I FINE THE VIOLATIONS EXIST. VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH PERMIT CONDITIONS OR FINE OF $100 A DAY BE ASSESSED.
[D. 20-2702 CE 2402 Oleander Ave Nickolaos Kapsis Jr Pamela A Kapsis Isaac Saucedo]
[01:50:04]
OLE ANDER AVENUE. NIKOLAOS KAPSIS.
AND PAMELA KAPSIS. >> GOOD MORNING.
>> MORNING. >> THIS IS CASE NO. 20-2702, 2402 OLEANDER AVENUE. CASE ISSUED BY MYSELF.
OWNERS OF NIKOLAOS KAPSIS AND PAMELA KAPSIS.
OF 2402 OLEANDER ROAD HERE IN FORT PIERCE.
VIOLATIONS IPMC 304.2 PROTECTIVE TREATMENT.
SECTION 24.19, 20, 21, SUBSECTION 1 AND 5 OUTDOOR STORAGE. SECTION 30-28 SUBSECTION Z RESPONSIBILITY OF CONTAINERS. SECTION 24-19, 20, 21.
SECTION 123-37 SUBSECTION 12 LANDSCAPE MAINTENANCE.
SPECIAL MAGISTRATE I DO WANT TO CHANGE MY RECOMMENDATION.
CITY REQUESTS SPECIAL MAGISTRATE FINDS VIOLATION EXIST.
VIOLATOR GIVEN 20 INSTEAD OF 10 DAYS TO COMPLY OR $150 PER DAY
ASSESSED. >> DO YOU HAVE PHOTOS TO SUBMIT?
>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
TO BE CLEAR YOU ARE ASKING FOR ADDITIONAL TIME, WHY?
>> I DID SPEAK TO PAMELA YESTERDAY.
SHE DOESN'T LIVE IN THIS AREA FULL TIME.
SHE JUST REALIZED THAT THIS PROPERTY WAS IN VIOLATION.
JUST MOVED DOWN FROM PENNSYLVANIA AND IN PROCESS OF BRINGING IT TO COMPLIANCE AND TAKING CARE OF THE VIOLATIONS.
>> THEY STARTED WORKING ON IT? >> THAT IS CORRECT YESTERDAY.PW
COMPLY. >> THANK YOU FOR CLARIFYING.
>> PHOTOS WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.
AND I FIND THAT THE VIOLATIONS EXIST BUT THAT THE VIOLATOR WILL BE GIVEN 20 DAYS TO COMPLY OR FINE OF $150 A DAY ASSESSED.
>> THANK YOU. >> NEXT CASE 118-1037, 620 TEXAS
[A. 18-1037 CE 620 Texas Ct Mario Herrera Peggy Arraiz]
COURT, MARIO HERRERA. >> SPECIAL MAGISTRATE I AM GOING TO READ THIS IN FOR THE RECORD. CASE NO. 18-1037.
ADDRESS 620 TEXAS COURT. MARIO HERRERA.
ISSUED APRIL 5TH, 2014. LIEN REDUCTION.
VIOLATIONS, 16-46, 47, 48, SUBSECTIONS 10 AND D NON OPERABLE VEHICLES. ACCESSORY STRUCTURES EXTERIOR WALLS. OCTOBER 3RD, 2018, SPECIAL MAGISTRATE ROSS FOUND OWNER IN VIOLATION PROVIDED 20 DAYS TO COMPLY OR FINED $150 A DAY. I AM GOING TO SUMMARIZE THE REST OF THE CASE. THIS IS A NEW OWNER WHO IS NOT THE VIOLATOR. I WILL GO THROUGH THE SEVEN CRITERIA AS REQUIRED. GRAVITY OF THE VIOLATIONS MINOR.
ACTIONS TAKEN BY THE VIOLATOR. WE HAVE A NEW OWNER.
VIOLATIONS NOT CORRECTED BY THE ORIGINAL VIOLATOR, ACTIONS TAKEN. NEW OWNER PASSED ALL INSPECTIONS. TOOK THREE YEARS TO COME INTO COMPLIANCE. CURRENT OWNER, NO PRIOR VIOLATIONS FOUND BY THE CODE BOARD OR SPECIAL MAGISTRATE.
LONG HISTORY OF THIS PROPERTY, 25 CODE CASES, ALL IN COMPLIANCE. NO EXTENUATING FACTORS OR CURRENT VIOLATIONS ON THE PROPERTY.
SPECIAL MAGISTRATE THERE IS A SPECIAL FAST TRACK, OWNER WILLING TO SETTLE LIEN $3,000, SPECIAL MAGISTRATE HAS AUTHORITY TO APPROVE THAT WITHOUT GOING ANY FURTHER.
STAFF IS RECOMMENDING TO SPECIAL MAGISTRATE TO ACCEPT OFFER OF $3,000 TO SETTLE THE LIEN AS THE NEW OWNER.
[01:55:02]
>> OKAY. I WILL ACCEPT THE $3,000 AND --
>> ISSUE RELEASE OF LIEN UPON PAYMENT.
[B. 19-1590 CE 808 N 22nd St Indira Singh Peggy Arraiz]
808, N 22ND STREET. INDIRA SINGH.OWNED BY INDIRA SINGH. CASE INITIATED JUNE 20TH, 2019 AGAIN BEFORE YOU FOR A LIEN REDUCTION VIA FAST TRACK PROCESS I EXPLAINED. VIOLATIONS ACCESSORY STRUCTURES.
SPECIAL MAGISTRATE ROSS FOUND OWNERS IN VIOLATION, 30 DAYS TO COMPLY OR FINED $150 PER DAY. LIEN FILED DUE TO NON COMPLIANCE. WE HAVE A NEW OWNER WHO BROUGHT THE PROPERTY INTO COMPLIANCE. GRAVITY OF THE VIOLATION MINOR, FENCE REPAIR. ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR NONE. TAKEN BY THE NEW OWNER, TOOK TWO YEARS TO COME INTO COMPLIANCE. NO PRIOR VIOLATIONS FOUND BY THE SPECIAL MAGISTRATE OR CODE BOARD.
COUPLE ACTIVE CODE CASES AT ONE TIME.
FOUND IN VIOLATION. LOT CLEARING AND TWO PRIOR LOT CLEARINGS. NO EXTENUATING FACTORS AND NO CURRENT CODE VIOLATIONS ON THE PROPERTY.
THIS OWNER HAS ALSO PUT IN REQUEST TO SETTLE THIS MATTER FOR $3,000 WHICH STAFF RECOMMENDING SPECIAL MAGISTRATE ACCEPT OFFER $3,000 TO RESOLVE THIS LIEN AND UPON PAYMENT ISSUE
RECOMMENDATION OF $3,000. >> THAT IS ALL.
>> DID WE GET THEM ALL? >> WE DID.
>> LONG AGENDA. I BELIEVE WE GOT EVERYTHING,
SPECIAL MAGISTRATE. >> CAN YOU PUT ON THE RECORD HOW THE PARTIES WHO FAILED TO APPEAR WERE NOTIFIED.
>> STATE STATUTE NOTICE HEARING SENT CERTIFIED MAIL.
GREEN CARD RETURNED SIGNED PLACED IN THEIR FILE.
UNSIGNED OR UNCLAIMED NOTICE OF HEARING SENT REGULAR U.S. MAIL.
NOTICE OF HEARING NOTICED AT THE PROPERTY UPDATED POSTING.
IF A GREEN CARD IS NOT RETURNED 10 DAYS BEFORE THE HEARING.
FOR CASES NOT MANDATED MAILING IF THE GREEN CARD IS NOT RETURNED WITHIN 10 DAYS, NOTICE OF THE HEARING POSTED ON THE
BULLETIN BOARD AND CITY HALL. >> ONE MINUTE
* This transcript was compiled from uncorrected Closed Captioning.