[1. CALL TO ORDER]
[00:00:07]
>>> GOOD MORNING. I AM THE SPECIAL MAGISTRATE THAT WILL BE PRESIDING OVER THIS MORNING'S HEARINGS.
YOU MAY HAVE RECEIVED A PARKING CITATION OR YOU MAY HAVE RECEIVED A NOTE THAT YOUR PROPERTY WAS IN VIOLATION OF A PARTICULAR CITY ORDINANCE. WERE YOU GIVEN A PARTICULAR AMOUNT OF TIME TO CORRECT IT AND AS OF THIS MORNING YOU HAVE NOT DONE SO. FOR THOSE WHO WISH TO BE HEARD WE WILL CALL YOUR CASES SHORTLY.
A COUPLE THINGS I NEED TO SAY.
DOES ANYBODY NEED AN INTERPRETER?
>> YOUR SON CAN -- >> AND YOU ARE BEING RECORDED. REMEMBER, EVERYTHING YOU SAY AND DO IS ON THE LOCAL FORT -- CITY OF FORT PIERCE STATION.
IF YOU DON'T MIND. PLEASE STAND FOR THE PLEDGE OF
ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDERGOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
>> PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO DPIF WILL BE THE TRUTH? THANK YOU.
>> ALL RIGHT. WE WILL IDENTIFY THE CASES IN
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
COMPLIANCE WITH THE NEW SCHEDULE.>> CASES ARE 21-2904, 22 FISHERMAN'S WHARF, JINGER KAE KISSIDAY, 21-1386 409 HERNANDO STREET, NICHOLAS AND ASHLIEGH SMITH. WITH TWO 1-1379, 112COLONADASE DRIVE CREAMERY PUBLIC BEELIKE.
21-1313 SOUTH CAUSEWAY PARK EAN HOLDINGS, LLC.
21-2049 1521 SOUTH OCEAN DRIVE KAUFF'S TOWING.
21-1380 1126COLONADES DRIVE. ANGELINA'S PIZZA.
>> 21-1318 SOUTH CAUSEWAY PARK AND 21- 50 --
>> WHEN YOU ARE READY CALL THE FIRST CASE.
THE FIRST CASE TODAY WILL BE 21-1810 SOUTH CAUSEWAY PARK
[F. 21-2926 PK Jetty Park Douglas Weber John Makolin]
>> IT WILL BE 21- 2926 JETTY PARK, DOUGLAS WEBER.
IF YOU CAN JUST START WITH INTRODUCING YOURSELF FOR THE RECORD AND PRESENT THE CASE BECAUSE TON -- TONYA IS NOT
HERE TO QUESTION. >> PARKING ENFORCEMENT SPECIALIST CITY OF FORT PIERCE.
THIS IN REFERENCE TO CITATION 9470 WRITTEN ON 10/10 OF THIS YEAR APPROXIMATELY 9:39 HOURS.
IT WAS AT JETTY PARK. THE CITATION WAS 3435T.
IT WAS FOR PARKING IN THE STREET.
I HAVE SEVERAL PHOTOS OF A WHITE MOTORCYCLE PARKED ON THE
STREET. >> ALTHOUGH TONYA IS NOT HERE WITH THE PHOTOS, DO THE PHOTOS ACCURATELY DEPICT WHAT YOU SAW
>> CAN YOU MAKE SURE MR. WEBBER SEES THEM.
>> HE HAS BETTER ONES THAN ME.
[00:05:05]
IT DOES PRESIDENT -- IT DOESN'T SHOW WHAT I WASHOPING. >> FOR THE RECORD CAN YOU
STATE YOUR NAME? >> DOUGLAS ALLEN WEBER,
W-E-B-E-R. >> SPECIAL MAGISTRATE,
ADMITTING THE PHOTOS. >> THEY WILL BE ADMITTED.
>> NO, MA'AM. >> SIR, STATE YOUR NAME.
>> DOUGLAS ALLEN WEBER. >> HOW DO YOU RESPOND TO THE
ALLEGATIONS ? >> I ADD -- ADMIT I WAS PARKED ON THE SIDE OF THE STREET, I SHOULD HAVE GOT A WARNING.
IF YOU LOOK DOWN THE PHOTO THERE WAS A GROUP OF PEOPLE.
I WAS STANDING NEXT TO A COUPLE OF MOTORCYCLISTS ON YOUR RIGHT TALKING ABOUT A TICKET I GOT TWO WEEKS AGO THAT GOT DISMISSED. YOU CAN SEE THE BACK OF MY MOTORCYCLE BAG IS OPEN AND I JUST PULLED OUT A BREAKFAST SANDWICH AND EATING A BREAKFAST SANDWICH AND TALKING TO PEOPLE IN THE PARK PICKING UP TRASH.
I TALK TO THEM EVERY WEEKEND. I WAS TALKING TO THEM FOR A MINUTE. THE HELMET IS ON THE SEAT AND THE IGNITION IN THE KEY. I AM NOT THERE FOR AN ALL DAY AT THE PARK. I WAS THERE FOR FIVE OR TEN MINUTES. THIS PERSON DROVE BY AND WROTE ME A TICKET AND THEN DROVE ME AND MY FRIENDS WITHOUT SAYING CAN YOU MOVE YOUR VEHICLE? IT IS NOT IMPEDING.
IF YOU LOOK AT AN AMBULANCE, FIRE TRUCK, ANYTHING CAN GO BY. I AM NOT IMPEDING ANY
TRAFFIC. >> BUT IT IS A NO PARKING
ZONE, RIGHT? >> IT IS NOT MARKED THAT WAY.
ANYTHING FURTHER? >> THAT'S IT.
I'M JUST -- I SHOULD HAVE GOT A WARNING.
I MEAN, IN FIVE MINUTES I WAS OUT OF THERE.
I WAS THERE LESS THAN 10 MINUTES THE ENTIRE TIME.
>> THIS IS NOT GOING TO BE A CONSOLATION TO YOU, BUT IN THE LAST MONTH I HAVE GOTTEN TWO PARKING TICKETS.
I HAVE BEEN PARKING DOWN THERE FOR 34 YEARS.
SO IT IS BEING ENFORCED AND IT DOESN'T MATTER WHO YOU ARE.
IF YOU ARE PARKING IN A NO PARKING ZONE, ARE YOU GONNA
I JUST DON'T THINK IT IS RIGHT, BUT YOU ARE THE LAW AND
I'M NOT SO -- >> WELL, IF I COULD CHANGE ANYTHING I WOULD BE COMPLAINING ABOUT MINE, BUT I PAID THEM. BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FIND THE VIOLATION EXISTS AND DOUGLAS WEBER IS THE RESPONSIBLE PARTY.
I WILL FINE YOU A $50 FOR THE PARKING VIOLATION AND A $10 ADMIN FEE FOR A TOTAL OF $60. HOW MUCH TIME DO YOU NEED TO
PAY IT? >> I WILL PAY IT RIGHT NOW.
>> I WILL GIVE YOU SEVEN DAYS TO PAY IT.
YOU HAVE 30 DAYS TO APPEAL MY DECISION AND THAT PROBABLY WILL GO OVER TO THE COURT AND WILL INCUR ADDITIONAL FEES AND
COSTS IF YOU APPEAL. >> THAT'S NOT WORTH IT.
IT WASN'T WORTH ME COMING HERE ANYWAYS, BUT --
>> THANK YOU. >> WHO DO I SEE TO PAY THIS?
>> NEXT CASE, MADAM CLERK. >> SPECIAL MAGISTRATE, I WANT
[D. 21-0675 CE 2730 S US Highway 1 Comunidade Das Nacoes Inc Heather Debevec]
TO SAY THAT THERE IS AN ERROR HERE WITH THIS.IT HAS TYPE OF PRESENTATION SHOULD BE REGULAR.
I APOLOGIZE FOR THAT CLERICAL ISSUE.
THE NEXT CASE IS 21-675 2730 SOUTH U.S. HIGHWAY 1, COMUNIDADE DAS NACOES INC. I TRIED.
>> SPECIAL MAGISTRATE BEFORE WE START, IF YOU CAN BOTH STATE YOUR NAME FOR THE RECORD.
>> ALICIA DE SANTOS. >> ON -- ANDRES SAN --
SANTOS. >> DO YOU UNDERSTAND ENGLISH AT ALL OR DO YOU FULL -- FULLY NEED HIM TO INTERPRET? SO YOU DO UNDERSTAND AND IF YOU NEED ANY CLARIFICATION YOUR SON CAN PROVIDE THE CLARIFICATION? I DON'T BELIEVE WE NEED A FULL TESTIMONY IN TRANSLATION.
>> OKAY. >> BUT SIR, IF YOU CAN -- IF YOU DO NOT UNDERSTAND SOMETHING OR IF SOMEBODY SAYS SOMETHING YOU ARE NOT CERTAIN OF -- IF THERE IS A PROBLEM
YOU LET US KNOW. >> ALL RIGHT.
WE ARE GOING TO DO IT THEN. THE YOUNG MAN, I'M SORRY.
WHAT WAS YOUR NAME? >> ANDRES -- LOUIS.
>> I AM GOING SWEAR YOU IN AS AN INTERPRETER.
[00:10:02]
IF YOU CAN PLEASE RAISE YOUR RIGHT HAND.DO YOU SWEAR OR AFFIRM TO PROPERLY AND CORRECTLY TRANSLATE THE ENGLISH LANGUAGE TO SPANISH AND THE SPANISH
>> SO THEN WHAT I NEED -- >> IT IS POUR FEW --
PORTUGUESE. >> DO YOU SWEAR OR AFFIRM TO TRANSLATE FROM PORTUGUESE TO ENGLISH AND ENGLISH TO
>> SO WHEN YOU REPEAT YOU CAN REPEAT EVERY WORD SAID.
>> AND YOU REPEAT IT IN FIRST PERSON.
YOU DON'T SAY HE SAID. YOU SAY IT EXACTLY LIKE HE SAYS. I WENT TO THE STORE.
>> THANK YOU. YOU MAY PROCEED.
>> SPECIAL MAGISTRATE, HEATHER DEBEVEC, PREVIOUSLY SWORN.
HEATHER DEBEVEC, CODE ENFORCEMENT OFFICER,
PREVIOUSLY SWORN. >> HEATHER DEBEVEC IS HER
NAME. >> CAN YOU HEAR ME BETTER? HEATHER DEBEVEC CITY OF FORT PIERCE, CODE ENFORCEMENT, PREF YESESLY -- PREVIOUSLY SWORN. THIS IS CASE NUMBER 21-0675 FOR ADDRESS 2730 SOUTH U.S. 1 OWNED BY COM P UNIDADE DAS NACOES INC. CASE WAS INITIATED MARCH 26TH OF THIS YEAR. IT WAS FOR SECTION 24-19, 24-20, 24-21, SUBSECTIONS 1 AND 5.
NUISANCE OUTSIDE A STORAGE. IPMC304.3 ADDRESS IDENTIFICATION WHICH I AM REQUESTING --
>> WOULD YOU SAY THAT AGAIN? >> WHICH I AM REQUESTING A REVIEW AND DETERMINATION, R AND D.
SECTION 123-37, SUBSECTION 12, LANDSCAPE MAINTENANCE, WHICH I AM ALSO REQUESTING REVIEW AND DETERMINATION.
IPMC302.7, ACCESSORY STRUCTURES WHICH I AM ALSO REQUESTING REVIEW AND DETERMINATION.
SECTION 117-3, SUBSECTION B, REMOVAL OF SIGNS.
IT IS REQUESTED THAT THE TIRE AT THE NORTHEAST CORNER OF THE PROPERTY BE REMOVED. IT IS ALSO REQUESTED THEY PAINT THE SIGN POST, REPAIR OR REPLACE THE SIGN AS IT IS
[00:15:10]
PEALING AND FADING. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $100 BE ASSESSED.>> ANYTHING FURTHER? >> YES, MA'AM.
I DO HAVE PHOTOS TO SUBMIT. >> THANK YOU.
>> THEY WERE REVIEWED THIS MORNING.
>> THANK YOU. THEY WILL GO IN.
>> ANYTHING FURTHER? >> NOT AT THIS TIME.
>> ANYTHING FURTHER? >> THE ONLY THING, I BRING THE PICTURES WITH THE CORRECTIONS. THE ONLY THING WE HAVE ARE THE PICTURES AND IT WAS LIKE THE FRONT SIDE BECAUSE WHEN I DID THE BUDGET IT WAS TOO EXPENSE -- EXPENSIVE TO DO, AND THE REST OF THE THINGS, IT WAS THERE.
THE RV IS THE CHURCH OWNERS AND THEY DO OFFERINGS TO LEAD THE RV OVER THERE. BECAUSE OF THE COVID THE CHURCH WAS CLOSED FOR AWHILE, AND WE NEED TO FIND A WAY TO LET THE CHURCH OPEN. AND THE REST OF THE THINGS, IT
WAS COMPLETED. >> HAVE YOU CONSIDERED HAVING
CHURCH VIA ZOOM? >> CAN YOU REPEAT IT AGAIN?
>> LET ME EXPLAIN IT. MY CHURCH DOES THINGS ELECTRONICALLY. I WATCH CHURCH ON ZOOM.
>> YES, WE STARTED DOING THAT THE SECOND MONTH THE CHURCH
WAS OPEN. >> ANYTHING FURTHER?
>> SPECIAL MAGISTRATE? WE AGREE THAT A LOT OF THE WORK HAS BEEN COMPLETED. WHEN OVER DEBEVEC READ IN THE CASE THAT YOU REPEATED, NUMBER TWO, THREE AND FOUR WERE ALL COMPLIED. SO THE ONLY THINGS THAT ARE
LEFT TO DO IS REMOVE A TIRE. >> REMONTH A WHAT?
HE SAID THERE IS NOT THERE ANYMORE.
>> THERE IS ONE TIRE LEFT IN THE CORNER.
[00:20:09]
>> ALL RIGHT. WE WILL DO THAT WHEN WE LEAVE
HERE. >> CAN WE LOOK AT THE TRAILER IS. IT IS RIGHT THERE.
IT IS LEANING NEXT TO THE TRAILER.
SO THE TIRE AND THE SIGN. THE SIDE WILL NEED A LITTLE
MORE -- >> THE SIDE WILL NEED A LITTLE
MORE TIME. >> TO BRING THE SIGN INTO COMPLIANCE YOU NEED TO PAINT THE POSTS, AND YOU CAN PUT BLANK SIGNS IN ALL OF THE PANELS.
>> OKAY. >> AND THAT BRINGS IT TO
COMPLIANCE. >> DO WE GET MORE TIME TO DO
THAT? >> HOW MUCH TIME DO YOU NEED?
>> AT LEAST LIKE 20 DAYS. >> SPECIAL MAGISTRATE? WITH THE HOLIDAY SEASON UPON US, STAFF IS GOING TO
RECOMMEND 60-DAYS. >> CAN YOU TELL HIM THAT?
>> ALL RIGHT. BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FEIGNED THAT A -- I FIND A VIOLATION EXISTS AT 2730 U.S. HIGHWAY 1 AND THAT COMUNIDADE DAS NACOES INN -- INC. IS RESPONSIBLE FOR THE VIOLATION.
WITH REGARDS TO THE ADDRESS AND THE IDENTIFICATION, THE LANDSCAPE MAINTENANCE AND ACCESSORY STRUCTURES, I FIND THAT A VIOLATION EXISTED, BUT IT HAS BEEN CURED AS OF TODAY'S DATE. WITH REGARDS TO THE NUISANCE AND OUTSIDE STORAGE AND THE REMOVAL OF SIGNS, I DO FIND THE VIOLATION EXISTS AND WE WILL GIVE YOU 30 DAYS TO COMPLY OR CORRECT THE VIOLATION --
>> 60-DAYS? >> DID I SAY 30? 60-DAYS. I'M SORRY.
YOU HAVE 60-DAYS. >> 60-DAYS, CORRECT?
>> 60. OR A FINE OF $100 PER DAY WILL
>> YOU HAVE 30 DAYS TO APPEAL.
THAT WILL BE ALL. >> THANK YOU.
THANK YOU. >> HAVE A GOOD DAY.
[A. 14-1446 CE 714 N 17th St Joseph Basso Peggy Arraiz]
7A. >> OUR NEXT CASE IS 14-1446 714 NORTH 17TH STREET, JOSEPH BASSO.
>> SPECIAL MAGISTRATE, I WILL BE PRESENTING THIS CASE TODAY. THIS IS CASE NUMBER 14-1446 FOR 71 FOIR NORTH 17TH STREET KIRNTLY OWNED BY JOSEPH BASSO. THE -- I'M SORRY, OWNED BY SECOND GENERATION. CORRECT? THE REQUESTER BEING JOSEPH BASSO.
IT WAS INITIATED JULY 10TH 2014 AND BEFORE YOU FOR A LIEN REDUCTION. THE PROPERTY WAS PREVIOUSLY OWNED BY DORIS HILLARY AND CITED FOR SECTIONS 5-368 AND SUBSECTIONS 1, 3 AND 4 PROPERTY MAINTENANCE.
AND SECTION 5-369 FOR VACANT BUILDINGS.
[00:25:03]
ON OCTOBER 1ST, 2014 SPECIAL MAGISTRATE FOUND IT IN VIOLATION AND COMPLY OR BE FINED $250 PER DAY.ON OCTOBER 14TH, 2014, THE AFFIDAVIT OF NONCOMPLIANCE WAS ISSUED AND THE FINES STARTED AT THAT TIME.
ON JANUARY 22ND, 2015, AN ORDER ASSESSING AN AN AN -- AN OPPOSING LIEN WAS FILED AND JULY 2016 IT WAS STOPPED.
OCTOBER 22ND, 2021 WE RECEIVED A REQUEST FOR REDUCTION. THE BALANCE DUE FROM THE TIME THE FINES RAN WAS 77,540. I APOLOGIZE AND WE ACTUALLY FORGOT TO ATTACH THE SEVEN CRITERIA BUT I CAN REVIEW THEM. THE ISSUES WERE MINOR TO MODERATE. IT WAS A VACANT BUILDING AND PROPERTY MAINTENANCE. IT TOOK APPROXIMATELY TWO YEARS FOR THE PROPERTY TO BE BROUGHT INTO COMPLIANCE.
WE OBVIOUSLY HAVE A NEW OWNER, NOT THE VIOLATOR IN FRONT OF US TODAY AND WE HAVE A HISTORY OF SECOND GENERATION OF HELPING US BRING SOME OF THE PROPERTIES BACK INTO TAX ROLES AND INTO ACTIVE STATUS. SECOND GENERATION OR MR. BASSO THAT THE FULL AMOUNT BE WAIVED, BUT STAFF HAS COME -- COMPILED THE ADMINISTRATION CHARGES WHICH WE CAN REVIEW QUICKLY. IT DID TAKE 12 MONTHS FOR THE PROPERTY TO COME INTO COMPLIANCE TOTALLY -- WELL, THE TIME THE FINES STARTED UNTIL THEY STOPPED.
BUT OUR ADMIN COSTS INCLUDING THE REQUIRED $250 TO GO TO THE CITY COMMISSION COME TO $15,71. $1571 AND WE ASK IT BE REDUCED TO $1500 AND THAT IS INCLUDING THE FEES AND THE
COST TO RECORD THE LIEN. >> SIR, STATE YOUR NAME?
>> JOSEPH BASSO. >> YOU HEARD THE
>> ON BEHALF OF THE CITY, HOW DO YOU RESPOND?
>> I AM IN AGREEMENT. >> ANYTHING FURTHER?
>> THIS HAS TO GO TO THE CITY COMMISSION.
>> BASED ON THE STIPULATION BETWEEN THE PARTIES I WILL REDUCE THE LIEN TO $1500 AND THIS WILL GO TO THE CITY COUNCIL WHO HAS THE FINAL SAY SO WITH THIS.
YOU WILL GET NOTICE OF WHEN IT WILL APPEAR BEFORE THE CITY COUNCIL. IF YOU WANT TO APPEAR, YOU CAN. YOU DON'T HAVE TO BECAUSE
THERE IS AN AGREEMENT. >> RIGHT.
AND JUST DUE TO THE HOLIDAYS, UNFORTUNATELY IT WILL NOT MAKE THE FIRST MEETING IN JANUARY, BUT IT WILL GET ON THE
JANUARY 17TH MEETING. >> ANYTHING FURTHER?
>> HAVE A GOOD DAY. THANK YOU.
>> THANK YOU, SIR. >> NEXT CASE?
[D. 21-2821 PK Jetty Park Kavaris Demetrius Taylor Michael Rabenecker]
>> THE NEXT IS 21-28-21, JETTY PARK, KAVARIS DEMITRIUS TAYLOR. KAVARIS? HE WAS NOT SWORN SO WE NEED TO MAKE SURE HE GETS SWORN IN.
>> GOOD MORNING. I AM GONNA SWEAR YOU IN, OKAY? PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> KAVARIS DEMITRIUS TAYLOR. >> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> YES. >> GOOD MORNING, SPECIAL
>> MY NAME IS MICHAEL RABENECKER, PARKING SPECIALISTH.
THIS CITATION WAS INITIATED ON SEPTEMBER 26, 2021.
IT IS CASE NUMBER 21-2821, PARKING AT JETTY PARK.
THE CITATION NUMBER IS 8194. THE VIOLATION WAS 34-35Q, PARKING IN A HANDICAPPED ACCESS FOR A FINE OF $250.
AND I HAVE PHOTO THAT'S -- PHOTOS THAT DEPICT WHAT
>> THEY ACCURATELY DEPICT -- >> THANK YOU.
>> THANK YOU. >> THAT IS THE START OF THEM.
THERE YOU GO. >> SPECIAL MAGISTRATE, I WOULD
[00:30:01]
LIKE TO ADMIT THESE. >> THEY WILL BE ADMITTED AS
>> SIR, YOU ARE? >> YOUR NAME?
>> KAVARIS TAYLOR. >> HOW DO YOU RESPOND TO THE
ALLEGATIONS? >> I WAS THERE UNLOADING EQUIPMENT AND CLEANING THE BATHROOMS AND DOING WORK FOR THE CITY. I GUESS THIS GUY WAS ALREADY DOING A LOT OF TICKETS. I WAS UNDER THE IMPRESSION HE SAW ME BACKING IN AND UNLOADING MY THINGS.
I THOUGHT IT WAS -- BOTH OF THE HANDICAPPED PARKING WAS ALREADY OCCUPIED WITH TWO OTHER CARS, BUT THAT'S ALL I WAS DOING WAS UNLOADING EQUIPMENT TO CLEAN THE
BATHROOMS. >> DO YOU HAVE A HANDICAPPED
>> WELL, THE CITY IS ENFORCING THE PARKING REGULATIONS.
>> I UNDERSTAND THAT. >> BASED ON THE TESTIMONY AND THE EVIDENCE PRESENTED I FIND THE VIOLATION EXISTS AND THAT YOU ARE THE RESPONSIBLE PARTY.
YOUR FINE IS $250 PLUS AN ADDITIONAL $10 ADMINISTRATIVE FEE FOR $260. HOW MUCH TIME DO YOU NEED TO
PAY THAT? >> HOW MUCH TIME ARE Y'ALL
GIVING? >> WELL, THAT'S WHAT I'M ASKING YOU. I CAN GIVE YOU SOME TIME, BUT I WOULD LIKE TO WORK WITH YOU AND GIVE YOU SOMETHING THAT
YOU CAN WORK WITH. >> I GUESS A MONTH.
>> SPECIAL MAGISTRATE, AGAIN, WE WILL ALLOW FOR 60-DAYS DUE
TO THE THE HOLIDAY. >> THANK YOU.
>> ALL RIGHT. I WILL FIND THAT YOU ARE THE RESPONSIBLE PARTY AND I WILL GIVE YOU 60-DAYS TO PAY THE
>> THAT'S IT. NOTHING FURTHER.
THANK YOU. >> OUR NEXT CASE IS 21-2899
[E. 21-2899 PK 200 Blk N IRD Lionel Hamilton John Makolin]
200 BLOCK NORTH ROAD, LIONEL HAMILTON.I AM GOING SWEAR HIM IN. >> YES.
>> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR
THE RECORD. >> LIONEL HAMILTON.
>> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO
GIVE WILL BE THE TRUTH? >> YES.
>> THANK YOU. >> WHEN YOU ARE READY.
>> JOHN MAKOLIN, CITY OF FORT PIERCE, PARKING ENFORCEMENT SPECIALIST. IT IS REFERENCE TO CASE NUMBER 21-2899, ROUGHLY THE 200 BLOCK OF NORTH INDIAN RIVER DRIVE.
ON 10/1/2021 AT APPROXIMATELY 12:35 I OBSERVED A CARGO-TYPE TRAILER IN A HANDICAPPED SPOT WITHIN THE CITY LIMITS AND WITHIN THE LOT. CITATION NUMBER WAS 9400 THE PICTURES THAT WERE TAKEN AT THE TIME SHOWING THE TRAILER PARKED IN A HANDICAPPED PARKING SPOT.
>> JUST FOR THE RECORD, DO THEY ACCURATELY DEPICT WHAT
>> SPECIAL MAGISTRATE, I WOULD LIKE TO SUBMIT THEM AS ONE
COMPOSITE. >> IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER, MR.
>> SIR -- WAS HE SWORN? >> YES.
>> STATE YOUR NAME. >> LIONEL HAMILTON.
>> AND HOW DO YOU RESPOND TO THE ALLEGATIONS?
>> YES, MA'AM. WE WERE PARKED IN A TRAILER.
WE WERE ACTUALLY DELIVERING TO THE CHURCH RIGHT IN THE -- NEXT DOOR. THAT'S THE CHURCH PARKING LOT I ASSUME. WE WERE DELIVERING ITEMS TO THE CHURCH. THERE WAS NO PARKING IN THE ENTIRE VICINITY. WE DROPPED THE TRAILER OFF FOR ABOUT 20 MINUTES AND PARK OUR VEHICLE AT THE END OF THE STRIP AND WE WERE JUST DELIVERING.
IT TOOK US ABOUT 20 MINUTES. I WAS REALLY SURPRISED WHEN I GOT BACK AND THERE WAS A TICKET ON THE VEHICLE.
>> OKAY. ANYTHING FUSHT -- FURTHER?
>> NO, MA'AM. >> YOU CAN'T PARK IN A
[00:35:02]
HANDICAPPED SPOT IF YOU DON'T HAVE, YOU KNOW, THE RIGHT TO DO SO. SO BASED ON THE TESTIMONY AND THE EVIDENCE PRESENTED I FIND A VIOLATION EXISTS AND LIONEL HAMILTON IS RESPONSIBLE FOR THE VIOLATION.I WILL FINE YOU $260. I WILL GIVE YOU 60-DAYS TO PAY
IT. >> MAN, CAN IT BE REDUCED OR SOMETHING, THE COST OF THE FINE?
NEXT CASE. >> SPECIAL MAGISTRATE, I'M SORRY, I WANT TO CLARIFY THAT YOU SAID 260, CORRECT?
OUR NEXT ONE WILL BE A CALL IN , I BELIEVE.
[B. 21-0219 CE 1912 Avenue M Louise Osby Heather Debevec]
OKAY. THE NEXT CASE IS 21-0219 1912 AVENUE M LOIS O -- LOUISE OSBY.I WILL PHONE HER IN. >> PLEASE LEAVE YOUR MESSAGE
FOR -- >> I WILL TRY ONE MORE TIME.
>> YOU KNOW, WE HAVE TWO CASES NOT PRESENT.
WHEN WE READ THOSE IN, WE'LL WAIT FOR THE PHONE SO LET'S
GIVE IT A COUPLE MINUTES. >> ALL RIGHT.
OUR NEXT CASE IS 21-483, 1312 NORTH 20TH STREET, EVA
>> GOOD MORNING, SPECIAL MAGISTRATE.
HEATHER DEBEVEC. THIS IS 21-483, 1312, NORTH 20TH STREET, EVA M JERGER.
CASE WAS INITIATED ON MAR MAR -- MARCH 12TH.
IT WAS FOR EMERGENCY TO EXCEED COVERED WINDOWS, SECTION 24-19 , 24-20, 24-21 AND SUBSECTIONS 1 AND -- 1 AND 5, NUISANCE OUTSIDE STORAGE WHICH REQUESTING REVIEW AND DETERMINATION FOR. IT IS STILL REQUESTED THAT THEY OPEN ALL THE SHUTTERS ALL THE WAY.
THE CITY IS IT REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY OR A FINE OF $50 BE ASSESSED.
I HAVE PHOTOSS IN WHICH TO SUBMIT THAT IT ACCURATELY
>> SPECIAL MAGISTRATE WOULD LIKE TO ADMIT AS COMPOSITE 1 AND NOTE THAT NO ONE IS PRESENT.
>> IT WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >> NO, MA'AM.
>> SHUTTERS ARE BEING CLOSED. >> SPECIAL MAGISTRATE, FOR THE RECORD WE DID ALSO CONFIRM WITH THE BUILDING DEPARTMENT THAT HE HAS ONE SHUTTER IN PLACE IS CONSIDERED IN VIOLATION BECAUSE IT IMPEDES THE ABILITY TO EXIT.
SO ALL OF THE SHUTTERS HAVE TO BE OPENED ALL THE WAY AND THERE ARE SOME SHUTTERS THAT ARE FULLY CLOSED ON THIS
AND EVA JERGER IS NOT HERE, FOR THE RECORD.
NEITHER IS THERE A REPRESENTATIVE ON HER BEHALF.
BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FIND A VIOLATION EXISTS AT 1312 NORTH 20TH STREET AND SHE IS A PARTY RESPONSIBLE FOR THE VIOLATION.
WITH REGARDS TO THE NUISANCE AS AN OBJECT OUTSIDE STORAGE WE WILL DO A REVIEW AND DETERMINATION BECAUSE THAT MATTER HAS BEEN CURED, BUT THE REMAINING VIOLATIONS DOES
[00:40:02]
EXIST. WE WILL GIVE HER -- DO YOU WANT TO GIVE HER MORE TIME BECAUSE OF THE HOLIDAYS ?>> SPECIAL MAGISTRATE, NOT IN THIS CASE.
IT IS A SAFETY ISSUE AND I WANT HER TO BE HERE FOR THE HOLIDAYS. FOR THAT REASON WE ARE
REQUESTING THE 10 DAYS. >> ALL RIGHT.
WE WILL GIVE HER 10 DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED. THANK YOU.
>> AND WE HAVE ONE CITATION TOO WE CAN DO.
>> SPECIAL MAGISTRATE I WANT TO SAY THIS WAS ACTUALLY AN APPEAL. NOT SURE IF YOU WOULD WANT TO
GO FORWARD WITH THIS ONE. >> THIS IS AN APPEAL? THIS ISN'T AN APPEAL. I DON'T HAVE IT LISTED AS AN
>> CAN WE CONFIRM WITH THE RECORD?
>> THIS IS A CITY INITIATED ONE.
[C. 21-1810 PK South Causeway Park Kenneth Reeves Heather Debevec]
>> OUR NEXT CASE IS 21-1810 SOUTH CAUSEWAY PARK, KENNETH
REEVES. >> THIS IS 21-1810 FOR A CITATION AT SOUTH CAUSEWAY PARK TO A VEHICLE FOR MR. KENNETH REEVES. CITATION 3236, PARKING IN THE RIGHT OF WAY. THE CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THEY PAY THE FINE ABOVE AND FAILURE TO PAY IT WILL BE FORWARDED TO THE -- EXCUSE ME, THE COUNTY COURT SYSTEM.
I DO HAVE PHOTOS TO SUBMIT THAT DO -- I CANNOT TALK NOW.
ACCURATELY DEPICT WHAT I HAD OBSERVED THAT DAY.
>> SPECIAL MAGISTRATE, I WOULD LIKE TO SUBMIT THESE PHOTOS AS COMPOSITE 1 AND NOTE THAT NO ONE IS PRESENT.
>> THEY WILL BE ADMITTED AS SUCH.
>> THANK YOU. HEATHER, WITH THIS PHOTO, IF YOU CAN JUST EXPLAIN TO THE SPECIAL MAGISTRATE WHAT YOU
ARE SEEING. >> THE CITATION THAT WE ARE DISCUSSING AT THE MOMENT IS TO THAT RED VEHICLE.
I BELIEVE IT IS A KIA, IF I REMEMBER CORRECTLY.
>> IT WAS A RED KIA OPTIMA. HE IS TECHNICALLY PARKED BETWEEN A PROPER PARKING SPACE AND THE SIDEWALK.
WHICH MEANS HE MOST LIKELY HOPPED THE CURB TO ACCESS THIS AREA WHICH IS NOT A PARKING SPACE OR HE BACKED OVER THE PARKING STOP TO REACH SUCH AN AREA.
>> ANYTHING FURTHER? >> NOT AT THIS TIME.
>> I FIND MR. REEVES IS NOT PRESENT AND IS THERE A REPRESENTATIVE HERE ON HIS BEHALF AND BASED ON THE TESTIMONY AND THE EVIDENCE PRESENTED I FIND A VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL FINE HIM $50 AND AN 18-LATE FEE FOR A TOTAL DUE OF $78.
I WILL GIVE HIM 60-DAYS TO PAY.
THE FAILURE TO PAY MAY RESULT THERE -- MAY RESULT IN THIS CASE BEING SOLVED AND THAT IS THE LOCAL COUNTY SYSTEM WHERE HE MAY INCUR ADDITIONAL FEES. HE HAS 30 DAYS TO APPEAL.
>> TO MAKE SURE YOU UNDERSTOOD HIM FOR MY NOTES, YOU GAVE HIM
>> OKAY. I AM GOING TO TRY TO GET HER
ON THE PHONE ONE MORE TIME. >> SPECIAL MAGISTRATE, THE CASE THAT IS BEING PRESENTED TODAY, I UNDERSTAND THAT OFFICER DEBEVEC HAS HAD COMMUNICATION WITH MS. OSBY.
>> NOT MS. OSBY, BUT I FORGET THE NAME ON THE TOP OF MY
[00:45:04]
>> IT WAS ONE PHONE CALL AND IT WAS AFTER THIS WAS
SCHEDULED. >> THIS IS NOT A SAFETY ISSUE. BASED ON THAT I WILL RECOMMEND ATTEMPTING ONE MORE TRY WITH THIS.
WE WILL CONTINUE THIS 30 DAYS TO THE SECOND MEETING IN JANUARY TO SEE IF SOMEBODY WILL BE PRESENT WHICH IS
JANUARY 19TH. >> I WILL CONTINUE THIS UNTIL
JANUARY 19TH. >> I THINK WE GOT THEM ALL.
SPECIAL MAGISTRATE WE HAVE HANDLED ALL OF OUR CASE LOAD
THERE BEING NOTHING FURTHER, WE ARE ADJOURNED.
>> OH, HOW DO WE NOTIFY. >> REQUIRING A HEARING FOR 106.212. A NOTICE WAS SENT TO THE VIOLATOR. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE.
IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF MAILING WITH THE NOTICE OF HEARING IS SENT TO THE VIOLATOR VIA REGULAR MAIL.
10 DAYS PRIOR A HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL. A NOTICE OF THE HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODEN -- ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING IT IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED.
FOR CASE NOT MANDATED BY STATE STATUTE OUT, THEY ARE HANDLED IN THE SAME MANNER STATED PRIOR.
IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.
THAT'S IT. >> NOW WE ARE ADJOURNED?
>> WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.