[1. CALL TO ORDER]
[00:00:10]
>> SPECIAL MAGISTRATE HEARING OF JANUARY 5, 2022 IS NOW CALLED TO ORDER. IF WE COULD 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, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL..
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
>> IF EVERYONE COULD PLEASE STATE STANDING THE CLERK IS GONNA SWEAR EVERYONE AND AT THE SAME TIME.
>> PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> SPECIAL MAGISTRATE WE HAD QUITE A FEW CASES COME INTO COMPLIANCE OR BE CONTINUED AND I WOULD LIKE TO READ THEM IN AND FOR THE RECORD. 21 - 3229 22 FISHERMAN'S WHARF. 21 - 3376 22 FISHERMAN'S WHARF HUBERTZ. 21 - 2260 22 FISHERMAN'S WHARF SOLOMON. 21 - 1268 2750 S. US HIGHWAY ONE SP SANDS LLC. 21 - 2630 611 S. INDIAN RIVER DRIVE AREAS. 21 - 484 652 HERNANDO STREET TO TOWN. 21 - 479 670 HERNANDO STREET.
CRAWFORD AND SANFORD. 21 - 2505 2616 LAKESHORE BULLARD DIEDRICH. 21 - 3259 22 FISHERMAN'S WHARF. ALMOST.
AND 21 - 3499 200 BLK AVE B HORWITZ.
[A. 21-2614 PK 122 N 2nd St Kathleen Hokenson Alanis John Makolin]
AND THE FIRST CASE WILL BE 21 - 2614 ALANIS.>> WHEN YOU COME FORWARD IF YOU COULD COME TO THE PODIUM AND STATE YOUR NAME FOR THE RECORD AND ESTATE WHETHER OR NOT YOU HAVE BEEN SWORN.
>> ALANIS AND I HAVE BEEN SWORN.
>> CAN YOU TELL US YOUR NAME PLEASE?
>> I'M EMPLOYED BY THE CITY OF FORT PIERCE.
>> ARE YOU ASSIGNED TO THIS CASE?
>> YES MA'AM, I AM AFRAID I AM.
>> IT OCCURRED ON SEPTEMBER 24 OF 2021 AND THE 100 BLOCK OF SOUTH SECOND STREET.
>> WAS A VIOLATOR ON THIS CASE?
>> I HAVE A VIOLATOR AS KATHLEEN HAWKINSON.
>> LAST NAME ALANIS. WHAT CODE SECTION WAS VIOLATED?
>> WHAT IS THE CITATION NUMBER?
>> DID YOU TAKE PHOTOGRAPHS OF THE VIOLATION?
>> DID YOU OBSERVE THE MILEAGE YOURSELF?
>> CANYOU ASK ELAINE HOW IT OCCURRED?
>> ON THAT DATE AT APPROXIMATELY 944 I WAS DOING TIME PARKING . THE 100 BLOCK OF SOUTH SECOND STREET. I OBSERVED A BLUE HYUNDAI PARKED IN ONE OF THE MARKED SPACES.
I TOOK PHOTOS OF THE VEHICLE AND POSITION WHERE IT WAS PARKED. I RETURNED AT 1202 ON THE SAME DATE THE VEHICLE WAS IN THE SAME PLACE.
ADDITIONAL PHOTOS INDICATING IT WAS IN THE SAME PLACE AND I ISSUED A CITATION.
>> AS MS. ALANIS SEEN THE PHOTOGRAPHS?
[00:05:18]
>> DO THOSE PHOTOS FAIRLY AND NATURALLY DEPICT THE PHOTOS OF THE VEHICLE THAT YOU SAW BEFORE AT THE BEGINNING THE FIRST TIME HE OBSERVED AND THE SECOND TIME YOU OBSERVED IT?
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE AS COMPOSITE EXHIBIT 1. PHOTOGRAPHS.
>> YOU HAVEN'T SEEN THEM AND SAW THEM YESTERDAY, DID YOU HAVE QUESTIONS ABOUT THE PHOTOS OF THEMSELVES?
>> ALL RIGHT, THANK YOU. THE PHOTOS WILL BE INTRODUCED AS THE CITY'S COMPOSITE EXHIBIT 1.
>> SORRY, I BELIEVE IT DID YOU SAY IT WAS SOUTH SECOND STREET OR NORTH?
>> I HAVE IT LISTED AS 100 BLOCK OF SOUTH SECOND.
>> WE MUST HAVE A TYPO IN THE SUMMARY SHEET.
>> I DON'T HAVE ANY OTHER QUESTIONS FOR YOU.HANK YOU, SIR.
>> I HAVE A FEW IF YOU DON'T MIND.
YOU CAN GO AHEAD. THE SIGN THAT IS POSTED UP ON IT THERE IS A TWO HOUR PARKING SIGN? IS THERE ANYTHING LISTED ON THEIR THIS IS A VIOLATION OF AN ORDINANCE? ON THE SIGN ITSELF.
>> THE SIGN JUST SAYS TIME PARKING TO OUR TIME PARKING AND IT GIVES THE HOURS OF 830 TO 530.
>> DOES ESTATE THERE'S A VIOLATION OF AN ORDINANCE THERE?
>> HOW WOULD I KNOW IT'S A VIOLATION AND IT'S TICKET FOR THE OFFENSE.
>> THE SIGN SAYS TO OUR PARKING.
>> THAT'S A SUGGESTION THOUGH.
>> AND AS FAR AS THE PHOTOGRAPHS ARE CONCERNED YOU HAVE, ARE THOSE THE ONLY TWO PHOTOGRAPHS YOU TOOK, 944 AND 1202?
>> THERE ARE SEVERAL AT THAT TIME.
THERE IS A COUPLE THREE PHOTOS AT NINE AND A COUPLE U.S.
PHOTOS THAT WERE TAKEN AT NINE OR TAKEN THEY WERE TAKEN AGAIN AT 12.
>> JIM PHOTOGRAPH AT 10 O'CLOCK?
>> ANY MARKINGS ON THE PAVEMENT, NUMERICAL OR ALPHABETICAL, TO INDICATE WHERE MY CAR IS PARKED?
>> THERE'S A STENCILING ON THE CURB AND THE PHOTOS ALONG WITH THE EMBLEM ON THE REAR WHEEL OF THE VEHICLE SHOWED THAT THE EMBLEM WAS AT THE SAME ANGLE AT THE FIRST PHOTOS THAT WERE TAKEN AND AGAIN ON THE SECOND PHOTOS ALONG WITH THE STENCILING ON THE CURB.
>> ON IT THAT WROTE HOW MANY STENCILING'S OF NO PARKING ARE THERE?
>> THERE IS NO STENCILING FOR NO PARKING IT IS A TWO HOUR PARKING.
>> TO OUR PARKING, OKAY. SO, HOW'D YOU KNOW THAT THAT CAR IS PARKED IN THE SAME SPOT? AS A PHOTOGRAPHIC PROOF THAT IT'S PARKED IN THE SAME SPOT.
>> BASED ON THE PHOTOS AND MARKINGS THE POSITION OF THE VEHICLE, THE POSITION OF THE VEHICLE IN REFERENCE TO A TANGIBLE OBJECT IN THIS CASE THE STENCILING ON THE CURB.
>> THIS VEHICLE COULD BEEN PARKED THREE CAR LENGTHS DOWN TO ANOTHER TO OUR PARKING.
>> NOT IVORY STALL IS MARKED WITH STENCILING.
>> I DID NOT SAY EVERY STALL. SAID FURTHER DOWN THE ROAD.
>> I GUESS IF THE ODDS WERE WITH YOU YOU WOULD FIND A STALL THAT HAD THE EXACT SAME MARKINGS IN IT AND IT THE VEHICLE WAS PLACED IN THE EXACT SAME POSITION AS THE TWO PHOTOS THAT I TOOK WITH THE STAMP AND THE EMBLEM ON THE WHEEL, IT'S POSSIBLE BUT HIGHLY UNLIKELY.
>> THE OTHER QUESTION I HAVE, THERE WAS SOMETHING ELSE I WANTED TO ASK YOU. IS IT POSSIBLE THAT VEHICLE LEFT? FOR A BRIEF 20 MINUTES DOWN THE ROAD TO GO TO AN OFFICE AND CAME BACK?
[00:10:06]
>> AGAIN, POSSIBLE BUT TO BE PARKED IN THE EXACT SME POSITION AGAIN AS IT WAS FROM THE TIME IT WAS THERE THE FIRST TIME LEFT AND THEN CAME BACK FOR IT TO BE IN THE EXACT SAME SPOT, HIGHLY UNLIKELY. WEXNER BUT IT'S POSSIBLE?
>> I WOULD AGREE WITH YOU ANYTHING IS POSSIBLE.
I THINK THAT'S ALL THE QUESTIONS I HAVE.
>> DOES THE CITY HAVE ANYTHING ELSE?
>> WE HAVE ONE THING TO NOTE. I HAVE THE TWO PHOTOS THIS ONE IS THE TROUBLE TO 1202. THERE IS THE 944.
AND WE WANT TO AGAIN SHOW THAT THE DOG STEMS ARE EXACTLY THE SAME, THE POSITIONING IS EXACTLY THE SAME, THE BLACK MARKINGS ALONG THE EDGES ARE IDENTICAL, THIS LITTLE MARKET RIGHT HERE WHICH IS IDENTICAL TO THIS MARKING REGULAR.
SO STAFF IS OF THE OPINION THAT THIS VEHICLE DID NOT MOVE BASED ON THIS PHOTOGRAPHIC EVIDENCE.
>> I WOULD AGREE THAT BASED ON THE TESTIMONY AND THE PICTURES THAT THE VEHICLE WAS PARKED FOR OVER TWO HOURS WHICH IS WITH THE VIOLATIONS FOR. WILL FIND.
>> THE VIOLATION, THAT SIGN IT DOES NOT STATE THERE IS A VIOLATION OF AN ORDINANCE ANYWHERE AROUND THERE.
ANYWHERE.AND I THINK THAT IS TO BE POSTED.
MORTON COUNTY SIGNS DATE STATE IS A VIOLATION OF AN ORDINANCE.
>> WELL I THINK IT STANDS TO REASON IF IT'S IN THE CITY AND IT SAYS PARKING TWO HOURS THAT SOMEONE DID NOT RANDOMLY COME UP AND WRITE THAT DOWN I DON'T THINK THE ORDINANCE, THE NUMBER OF THE ORDINANCE HAS TO BE POSTED WITH EACH NO PARKING SIGN. I THINK IT STANDS TO REASON YOU WOULD ASSUME IF IT SAYS TWO HOURS PARKING THAT YOU CAN'T PARK MORE THAN THAT. AND THAT IS A VIOLATION.I DON'T THINK THE SPECIFIC VIOLATION ORDINANCE HAS TO BE THERE.
>> WELL, I WILL WAIVE THE ADMINISTRATIVE FEE BUT I WILL FIND THAT THE FINE IS IN ORDER AND THAT IT NEEDS TO BE PAID IN 30 DAYS OR IT WILL BE FORWARDED TO THE COUNTY COURT SYSTEM.
[B. 21-3018 PK 125 A E Backus Ave Sung Crow, Kenneth Dean Crow John Makolin]
>> THE SPECIAL MAGISTRATE THE NEXT CASE IS 21 - 3108 125 A E BAKUS AVE. CROW.
>> GOOD MORNING. MY NAME IS KEN CROW THIS IS MY WIFE. I HAVE SOME PHOTOGRAPHS HERE WOULD YOU LIKE A COPY OF THOSE?
>> I THINK THEY ALREADY HAVE THAT.
>> IN ONE MOMENT IF FIRST COULD YOU CONFIRM YOU ARE SWORN.
>> THE CITY WILL PRESENT FIRST AND THEN YOU HAVE THE OPPORTUNITY TO SUBMIT THE PHOTOS.
>> SIR, TELL US YOUR NAME AGAIN PLEASE.
>> STILL EMPLOYED AT THE SAME PLACE.
>> ARE YOU THE INDIVIDUAL THAT INVESTIGATED THIS VIOLATION?
>> THE VIOLATION IS 3530 4L POSTED NO TRAILERS.
>> WHERE WAS THIS VIOLATION? ASK APPROXIMATELY 125 A E BAKUS AVE.
>> CROSS FROM A E BAKUS AVE IS A CITY PARKING LOT FREE CITY PARKING LOT. POSTED ON THE ENTRANCE OF THE CITY PARKING LOT AS A SIGN THAT STATES NO OVERNIGHT PARKING NO COMMERCIAL VEHICLES, NO RVS NO TRAILERS.
>> DID YOU TELL US THE CODE SECTION THAT WAS IN VIOLATION?
>> DID YOU TAKE PHOTOGRAPHS OF THE VIOLATION?
>> HAVE THE RESPONDENTS SEEN THE PHOTOGRAPHS?
[00:15:25]
>> SIR, THEPHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?
>> AT THIS TIME THE CITY WOULD MOVE INTO EXHIBIT COMPOSITE EXHIBIT 1 . PHOTOGRAPHS.
>> PHOTOGRAPHS SUBMITTED BY THE CITY WILL BE ENTERED AS COMPOSITE CITY ONE .
>> ANYTHING ELSE YOU WOULD LIKE TO EDIT REGARDING THIS VIOLATION?
>> THANK YOU. YOU MAY NOW GO FORWARD IF YOU LIKE.
> MY WIFE HAD EMAILED AND WROTE A MESSAGE TO FORT PIERCE HERE ALONG WITH THE PHOTOGRAPHS BUT I HAVE SOME HARDCOPIES HERE IF YOU LIKE TO TAKE A LOOK AT THOSE.
ASK THOSE HAVE ALREADY BEEN SUBMITTED TO THE CITY?
>> THIS IS THEIR EXHIBIT THEY WOULD LIKE TO SUBMIT.
>> DID YOU WANT TO SUBMIT A COPY OF THE LETTER, TOO?
>> DID YOU SEE THESE YESTERDAY?
>> THESE WILL BE ENTERED AS COMPOSITE EXHIBIT.
>> I WILL TAKE A MOMENT TO READ YOUR LETTER IF YOU LIKE ME TO DO THAT.
>> IF, I READ THE LETTER IF YOU CAN VERBALLY SAY, YOU ARE SAYING THAT YOU DID NOT SEE THIS?
>> I WILL EXPLAIN WHAT HAPPENED THAT MORNING.
WE WERE GOING TO BUY SOME TIMBERS FOR THE YARD AND WE HAVE THE TAHOE THERE AND IT WOULD BE HANGING ON THE BACK END SO WE DECIDED TO TAKE THE TRAILER.
WE SAID WE ARE GOING TO GO TO HOME DEPOT AND I THOUGHT NO LET'S GO HERE LOCALLY HERE IN TOWN A SLUMBER MIGHT HAVE IT.
HICH, THEY DID. BEFORE WE WENT TO THE LUMBER YARD WE SAID, LET'S STOP AT THE FARMERS MARKET.
ALL THE PARKING SPOTS WERE FILLED UP OR AT LEAST THERE WAS A LOT OF TRAFFIC SO WE SAID, WELL, WE ARE BOTH IN GOOD HEALTH LET'S PART FURTHER OUT AND WE WILL WALK.
FINALLY, WE TURNED DOWN A E BAKUS AVE AND THERE WAS A PARKING LOT WE DO NOT KNOW WAS THERE IT WAS ALL, NO GRASS OR LINES, NO CARS BUT A BIG SIGN IT RIGHT THERE WHERE YOU COULD READ IT NICE AND EASY AND IT SAYS WELCOME TO FORT PIERCE, FREE PARKING. I THOUGHT IT WAS OUR LUCKY DAY.
WE PULL INTO THEIR AND FIND A NICE PLACE TO PARK AND WE WERE THE ONLY VEHICLE IN THE LOT AND WE WENT TO THE FARMERS MARKET AND GOT SOMETHING TO EAT THERE AND STAY THERE ABOUT ONE HOUR AND CAME BACK AND THERE WAS THE CITATION ON OUR WINDSHIELD.
>> WHAT IS THIS ABOUT? IT SAYS NO PARKING POSTED, I SAID IT IS NOT POSTED. WE LOOKED AT IT WAS NOT POSTED ANYPLACE AND WE LOOKED UP AND THERE WAS A SIGN A SIGN THAT WAS IN THE PICTURE.
>> AND IT REALLY HIGH UP. ANYWAY, WE AREPULLING IN AND ALWAYS ALWAYS THE FREE PARKING, WELCOME .
WATCHING FOR TRAFFIC AND EVERYTHING LIKE THAT.
SO THEN WE SAID, WE DO NOT SEE A POST UP THERE IT WAS POSTED WE ARE DRIVING IN AND LOOKING FOR TRAFFIC AND WE ARE NOT LOOKING UP AT THE SKY SO WE MISSED IT ON THE WAY IN.
I THINK IN THE FUTURE IF THEY WOULD PUT ASSIGNMENT NEXT TO THE ONE THAT SAYS A FREE PARKING, NO PARKING FOR THESE TYPES OF VEHICLES WOULD BE APPRECIATED.
AND SUNG WHICH LOOKED AT ANYTHING?
>> PRETTY MUCH YOU SAID THE THINGS.
>> DOES THE CITY HAVE ANYTHING? SINCE THEY RAISED IN THIS SIGN
[00:20:04]
IF YOU KNOW APPROXIMATELY HOW HIGH IT IS?>> I BELIEVE IT'S PROBABLY FROM THE GROUND TO THE ABSOLUTE TOP OF THE SIGN PROBABLY MAYBE 5 AND A HALF FEET.
>> I TOUCH THE SIGN WHEN I'M STANDING ON THE GROUND AND I CAN EASILY TOUCH FIVE AND HALF FEET.
>> THE HEIGHT BUT IT WAS MUCH HIGHER THAN 5 AND A HALF FEET.
>> BUT NOT WAY UP IN THE SKY WHICH WAS THE STATEMENT YOU MADE.
>> YOU HAD TO HAVE YOUR HEAD UP AND THE ONLY FREE PARKING WE SAW THAT AT EYE LEVEL.
>> IF YOU LOOK AT THE PHOTOGRAPHS I TOOK THE SIGN IS NOT IN THE PHOTO AT ALL.
>> THAT IS OUR EYE LEVEL GOING AND WE TOOK A PICTURE.
>> WE WENT BACK AND TOOK PICTURES AS WE DROVE IN FROM THAT DIRECTION. FROM THE OTHER DIRECTION WE LOOKED AND THERE'S ANOTHER SIGN OF THIS IS WELCOME, FREE PARKING. BUT NOTHING ABOUT NO PARKING UNTIL YOU LOOK UP IN THE SKY.
>> SPECIAL MAGISTRATE THE SIGNS ARE THE SAME THROUGHOUT THE CITY. IT'S UNFORTUNATE YOU DID NOT SEE IT BUT I THINK IT'S PRETTY CLEAR THAT THE PARKING IS FREE BUT AS LONG AS YOU ARE NOT PARKING OVERNIGHT OR A COMMERCIAL VEHICLE OR AN RV OR HAVE A TRAILER.
>> I REGRET NOT MEASURING THE SIGN BUT IT'S DEFINITELY OVER 5 AND A HALF EACH.
>> ALL I AM SAYING IS I DON'T THINK IT WAS SO HIGH YOU COULD NOT SEE IT. I THINK IT'SPRETTY CLEAR .
>> THE OTHER THING, WELL, I DON'T KNOW GOING FROM A MEMORY AFTER LOOK AT IT I THINK THAT'S FURTHER OUT TOWARDS THE STREET.
SO WE WERE PULLING AND WE WERE LOOKING WHERE WE WERE GOING AND THE SIGN SAYS FREE PARKING IN THE DRIVEWAY IN THE POST AND ALL THAT AND WE ARE NOT LOOKING UP.
WE DID NOT SEE IT OTHERWISE WE WOULD NOT HAVE PARKED THERE.
IT WAS NOT CLEARLY VISIBLE TO OUR APPROACH.
>> MY HUSBAND IS VERY GOOD AND HE DOES NOT DO THINGS HE IS NOT SUPPOSED TO. IF IT WE SAW THE ASSIGNMENT WE WOULD NOT DO THAT. HE WOULD NOT DO THAT, I KNOW.
>> I APPRECIATE YOUR LENIENCY ON THIS AND WE WILL NOT PARK THERE IN THE FUTURE, OBVIOUSLY.
>> WELL, I WILL WAIVE THE ADMINISTRATIVE FEE BUT I FIND THAT THE SIGN IF EVERYONE SAY THEY I DO NOT SEE THE SIGN AND I HAVE HEARD THAT BEFORE, THAT THIS PARTICULAR ONE BUT, THE SIGN IS THERE AND IT IS POSTED.
>> WHERE IT SAYS WELCOME, FREE PARKING.
>> UNFORTUNATELY, IN MY OPINION IT IS WELL POSTED SO I WILL FIND THAT THE $50 FINE IS APPROPRIATE AND WAIVE THE $10 ADMINISTRATION FEE. YOU HAVE 30 DAYS TO PAY IT BEFORE IT'S FORWARDED TO THE COUNTY COURT SYSTEM.
APPRECIATE YOUR COMING IN AND YOUR EXPLANATION.
>> IF YOU WANT TO PAY TODAY JUST LET US KNOW AND WE'LL PROVIDE YOU WITH INFORMATION OTHERWISE YOU WILL GET AN ORDER IN THE MAIL THAT GIVES YOU THE INFORMATION ON HOW TO PAY.
>> WELL, THANK YOU FOR YOUR TIME.
>> I WOULD APPRECIATE IF IN THE FUTURE THAT FORT PIERCE WOULD PUT THE SIGN WERE VISIBLE TO WHERE YOUR EYES ARE DRAWN TO THE BIG SIGN THAT SAYS FREE PARKING BECAUSE IT WAS TOTALLY A SURPRISE TO US AND WE LOOKS LIKE THREE TIMES BEFORE WE EVEN SAW THE SIGN. WE BACKED UP AND LOOKED AND THERE WAS NO SIGN THERE.
>> IT WAS AWAY FROM THEPARKING .
WE WERE AWAY FROM IT WE DROVE IN AND THE WHOLE LOT IS EMPTY AND WE SAW THERE WERE TWO PARKING SPOTS ARE TAKEN SO WE WALKED.
[C. 21-3309 PK 22 Fisherman's Wharf Warren Selwin Corbett II, Sonja Sapp Corbett John Makolin]
>> SPECIAL MAGISTRATE THE NEXT CASE IS 21 - THREE 009 CORBET .
>> GOOD MORNING, MY NAME IS WARREN CORBETT AND HAVE BEEN SWORN IN. IF YOU CAN PULL UP SECTION L.
>> SIR, WE ARE GOING TO LET THE CITY.
>> I AM SORRY. SIR, CAN YOU TELL US YOUR NAME
[00:25:01]
PLEASE. NEXT JOHN.> WERE YOU ASSIGNED TO THIS VIOLATION?
>> 600 BLOCK OF NORTH OCEAN DRIVE ALSO KNOWN AS FISHERMAN'S WHARF.
>> WHO ARE THE OWNER VIOLATORS FOR THIS CASE?
>> I HAVE THE OWNER VIOLATORS AS WARREN CORBETT.
>> IS THERE ANOTHER NAME ON THE REGISTRATION?
>> WHAT CODE SECTION WAS VIOLATED?
>> 3430 5L PARKING NO TRAILERS.
>> WHAT IS THE CITATION NUMBER?
>> EXPLAIN THE VIOLATION WAS AND WHAT YOU OBSERVED.
>> OBSERVED A WHITE AUDI SUV PARKED IN RESTRICTED PARKING MARKED BOAT TRAILER PARKING ONLY.
NEXT IS THAT MARKED TO INDICAT .
>> DID YOU TAKE PHOTOGRAPHS OF THE VIOLATION?
>> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?
>> NO, I HAVE NOT SEEN THEM. I DON'T NEED TO.
>> THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED THEM?
>> AT THIS TIME THE CITY WOULD MOVE COMPOSITE IS IT ONE.
>> THE PHOTOS PRESENTED BY THE CITY WILL BE ENTERED AS COMPOSITE ONE FOR THE CITY.
>> ON THE COMPUTER FILE WE ARE MISSING ONE OF THE PHOTOS.
THE PHOTO FROM THE FRONT OF THE VEHICLE DID NOT GET UPLOADED.
THAT IS ME SITTING IN THE CAR.
>> THE OTHER PHOTO I'M SORRY WAS ON THE FRONT.
>> IT SHOULD SHOW ME SITTING IN THE CAR.
>> WE DIDN'T SUBMIT THE PHOTO CORRECT THAT SHOWS THE PRINTING ON THE ROAD IN FRONT OF.
>> IF YOU LOOK ON THE PHOTO FROM AFAR WITH THE VEHICLE PARKED IN THEREYOU CAN SEE THE MARKINGS TO THE LEFT .
>> CAN YOU HEAR ME THE PHOTOS? ALL OF THEM.
ARE YOU ABLE TO SEE THE MONITORS?
>> HE HAD THE MONITOR IN FRONT OF HIM.
>> ARE YOU REFERRING TO THE PHOTOGRAPH WE ARE LOOKING AT THAT ON THE SCREEN INTO THE LEFT OF IT TOWARDS THE TOP ARE THOSE THE MARKINGS YOU ARE REFERRING TO?
>> FOR THE MARKINGS DOWN TOWARDS THE BOTTOM RIGHT?
>> THE MARKINGS ARE ACROSS THE FRONT AND THE BACK OF THE PARKING STALLS. THROUGH THE CENTER OF THE PARKING LOTS.
>> CAN YOU! IS THE DIFFERENCE BETWEEN A BOAT TRAILER PARKING SPACE THE LENGTH AND A NORMAL PARKING SPACE. IS THERE A CLEAR VISIBLE DIFFERENCE BETWEEN THE TWO?
>> YES, THE MARKINGS FOR THE BOAT TRAILER PARKING SPOTS ARE LITERALLY CLOSE TO THREE TIMES THAT OF A NORMAL PARKING SPACE TO ACCOMMODATE THE BOAT, TRAILER AND VEHICLE, TOW VEHICLE.
>> CAN YOU SEE THAT IN THIS PHOTOGRAPH?
>> YOU CAN BECAUSE IF YOU LOOK AT WHERE THE CAR IS PARKED IN REFERENCE TO THE PARKING AND IN THE DISTANCE BETWEEN THE REAR OF THE VEHICLE AND FROM WHERE I TOOK THE PICTURE FROM THAT WOULD STILL BE SHORT OF THE FAR END OF THE PARKING.
>> ARE THERE ANY DIVIDERS BETWEEN THAT STALL LENGTH? SHOWING THE SPACES CUT?
>> AT THE TIME THIS WAS NOT A FLEX PARKING SPACE THIS WAS A BOAT TRAILER PARKING SPACE ONLY.
>> I DON'T HAVE ANY OTHER QUESTIONS FOR YOU,
>> IDEA. WHAT YOU ARE SAYING LONG IS THIS A LONG SPACE IS A DESIGNATED FOR A BOAT TO BE PARKED?
>> SO, THE VIOLATION RELATES TO THE FACT THAT A CAR IS SPEAKING
[00:30:03]
TAKING UP THE HOLES BASE THAT'S MEANT FOR A BOAT?>> I HAVE ANOTHER PHOTO IF SPECIAL MAGISTRATE NEEDS IT.
WE DO HAVE A CLOSER PICTURE OF IT FROM ANOTHER CASE IF YOU NEED TO SEE THAT WHERE IT SAYS BOAT TRAILER ONLY PARKING.
SO WE CAN PROVIDE THAT, IF YOU NEED IT.
>> I WOULD LIKE TO SEE THAT. IT SAYS BOAT TRAILER ONLY?
>> WE WILL GET THAT PHOTO RIGHT NOW.
>> IF YOU CAN TAKE THIS OVER. THE PHOTO THAT WILL BE SHOWING MR. CORBETT IN PRESENTING IS ACTUALLY FROM ANOTHER CASE BUT IT'S THE SAME LOCATION, SAME PARKING SPOT SO YOU CAN SEE THE SIGN CLEAR.
>> OKAY, BOAT TRAILER PARKING, NOT ONLY.
>> MADAM MAGISTRATE IF WE CAN SHOW THAT TO YOU FOR DEMONSTRATIVE PURPOSES. IT IS NEEDED FOR ANOTHER CASE.
>> YES, HE JUST SHOWED IT TO ME.
IT SAYS BOAT TRAILER PARKING, IT DOES NOT SAY ONLY.
>> I WOULD LIKE YOU TO LOOK AT REGULATION L 3430 5L GO TO THE SECOND PART OF THAT THAT SAYS EXCEPT THAT A DRIVER OF A PASSENGER VEHICLE MAY STOP TEMPORARILY IN SUCH A ZONE FOR THE PURPOSE OF AND WHILE ACTUALLY ENGAGING IN LOADING OF PASSENGERS WHEN SUCH STOPPING DOES NOT INTERFERE WITH ANY VEHICLE OF WHICH IS WAITING TO ENTER THE ZONE FOR PURPOSE OF PARKING IN ACCORDANCE WITH THE PURPOSE TO WHICH PARKING IS RESTRICTED.
>> I AM PULLING IT UP JUST GIVE ME A MOMENT.
>> SPECIAL MAGISTRATE CAN ASK IF MR. CORBETT IS TESTIFYING CURRENTLY OR IF YOU JUST MAKE AN ARGUMENT?
>> I DON'T KNOW WHAT YOU WANT TO CALL IT BUT I WAS JUST SITTING THERE I'M ALLOWED TO BE THERE.
>> YOU ARE CITING THAT SECTION OF THE ORDINANCE BUT WHY WERE YOU SITTING THERE?
>> WHY WAS I SITTING THERE? I HAVE A RECEIPT FOR TAKEOUT WHICH WHEN HE PULLED UP MY WIFE WAS WALKING IN THE DOOR OF 12 A TO PICK UP A PIPE. I HAVE A RECEIPT FOR IT.
WE WERE NOT THERE TO EAT. WE WERE JUST PICKING UP A PIE.
I ALREADY WENT AROUND THE PARKING LOT TWO TIMES.
I LET TWO PEOPLE PARK IN SPOTS THAT WERE IN REGULAR PARKING.
I HAVE LIVED IN FORT PIERCE FOR FOUR YEARS.
MY WIFE LIVED HERE ALL HER LIFE.
WE EAT THERE ALL THE TIME SINCE THEY'VE OPENED.
WE UNDERSTAND THAT THAT IS BOAT PARKING BUT I HAVE LOOKED AT THIS REGULATION BEFORE BECAUSE THEY WERE TICKETING PEOPLE.
SITTING IN THOSE SPOTS. AND IT SAYS THAT YOU CAN, WHICH I DID, I STOPPED THERE. I ACTUALLY WENT AROUND AND STOPPED AT THE FRONT DOOR LET MY WIFE OUT DROVE AROUND SEVERAL TIMES. THERE WAS NO PARKING AND THERE WAS FOR BOAT TRAILER SPOTS THAT WERE OPEN.
THERE, IF YOU LOOK TO THE LEFT OF MY CAR, THERE ARE TWO OTHER SPOTS SO THERE ARE THREE OPEN SPOTS AND ONE EMPTY.
THAT WERE OPEN. AND I STOPPED THERE, SHE WENT IN. WHEN HE PULLED UP SHE LOOKED BACK AROUND BECAUSE HE WAS SITTING THERE FOR QUITE A WHILE.SHE LOOKED OUT THE DOOR AND SAYS, ONE MINUTE, BECAUSE NORMALLY IT ONLYTAKES ONE MINUTE TO PICK UP OUR ORDER.
APPARENTLY, SOMEONE HAD , WE ORDERED A PEANUT BUTTER PIE AND SOMEBODY CUT IT UP AND PLAYED ALL THE PIECES.
SO IT TOOK A COUPLE EXTRA MINUTES FOR THEM TO PUT THE PIE
[00:35:01]
BACK ON A PLATE AND FOR HER TO BRING IT OUT.WHEN HE CAME UP AND KNOCKED ON MY WINDOW I SAW HE ALREADY HAD THE CITATION WRITTEN SO I JUST WAVED HIM OFF AND I DIDN'T TALK TO HIM, I SHUT HIM. I AM HARDHEADED SOMETIMES AND I APOLOGIZE FOR THAT. I SHOULD HAVE BEEN MUCH NICER AND JUST TALK TO HIM. BUT THAT'S ALL I WAS DOING WAS SITTING THERE.AS HE PUT THE CHICKEN IN THE WINDOW MY WIFE WAS WALKING TO THE CAR. WE WERE GONE BEFORE HE EVER EVEN GOT BACK TO HIS CAR.
>> SO YOU WERE IN THE CAR THE WHOLE TIME?
>>CORRECT . SO THEY WENT PICTURE SHOULD BE SITTING IN THE CAR.
>> YOU COULD HAVE AVOIDED ALL THAT IF YOU COMMUNICATED, I GUESS.
>> MAMA, I APOLOGIZE THAT'S MY HARDHEADED, THAT'S MY FLORIDA UPBRINGING AND BEING HARDHEADED AND STUBBORN.
I KNOW I SHOULDN'T BE. HE DOES NOT DESERVE IT.
I WAS WRONG ABOUT THAT BUT I KNEW THAT I COULDN'T STOP IN THAT SPOT FOR PICKING UP IN LOADING BECAUSE THAT'S WHAT IT SAYS. THERE IS NO SPOT AT THAT RESTAURANT FOR PICKUP OF ITEMS WHERE THEY HAVE A SPECIAL SPOT.
IF YOU GO TO PORT ST. LUCIE I HAVE COUNTED SEVERAL RESTAURANTS THAT HAVE 12 SIGNS SITTING THERE FOR PEOPLE BECAUSE OF WHAT HAS HAPPENED WITH COVID AND EVERYTHING.
I HONOR THAT. 12 A HAS TOLD PEOPLE THAT THEY COME OTHER AT NIGHT YOU CANNOT PARK YOUR CAR SERIES SO WE MOVE THEM POLITELY AND I USUALLY PARK IN THE BACK.
AND LIKE I SAID, I WAS SITTING IN THE CAR WAITING ON MY WIFE AND I WAS THERE MAYBE FOUR MINUTES AT MOST.
>> I THINK THE CITY HAD SOMETHING.
>> I HAVE ARGUMENT IF HE IS DONE TESTIFYING, WHENEVER HE IS FINISHED TESTIFYING.
>> SHE HAS A RIGHT TO HAVE AN ARGUMENT BECAUSE SHE REPRESENTS THE CITY.
>> ARE YOU FINISHED TESTIFYING?
>> DEPENDS ON WHAT YOUR ARGUMENT IS.
>> ANYTHING ELSE YOU LIKE TO INFORM THE SPECIAL MAGISTRATE ABOUT YOUR VIOLATION?
>> I GUESS NOT. IT'S A WASTE OF TIME TO ARGUE ANYTHING ELSE.
>> IF YOU'RE SAYING IT'S A WASTE OF TIME
>> I COULD ARGUE ABOUT THAT WHOLE AREA .
>> ARE YOU GOING TO LET HER PRESENT HER ARGUMENT? PLEASE.
>> THANK YOU, MAMA. IF YOU READ THE ORDINANCE SUBSECTION L IS FOR THE PURPOSE OF AND WHILE ACTUALLY ENGAGED IN LOADING AND UNLOADING OF PASSENGERS.WHAT THE RESPONDENT HAS TESTIFIED TO IS THE OPPOSITE.
HE HAS TESTIFIED HE DROPPED HER AT THE FRONT DOOR THAT HE WENT AND PARKED AND WAITED FOR HER TO COME OUT FOR SEVERAL MINUTES WHILE HE WAS WAITING TO PICK UP A PIPE.
BY HIS OWN TESTIMONY AND DOES NOT FIT WITHIN THAT EXCEPTION WITHIN THE ORDINANCE SO WE ARE ASKING THAT YOU FIND FIND HIM IN VIOLATION.
>> GIVE ME A SECOND.A VERY FINE LINE BECAUSE AS, MY READING OF IT IS THAT IF HE NEVER LEFT THE VEHICLE SO IT WAS ACTIVELY ENGAGED HE COULD HAVE MOVED IF A BOAT TRAILER PULLED IN. I DON'T THINK HE IS IN VIOLATION. SO, I AM GOING TO DISMISS IT.
>> LIKE YOU SAID, COMMUNICATE.
[D. 21-2971 PK 125 A E Backus Ave Tyler Douglas Lewis Michael Rabenecker]
>> SPECIAL MAGISTRATE THE NEXT CASE IS 21 - 2971.25 A E BAKUS AVE LEWIS.
>> I AM TYLER LEWIS AND ICE WERE IN.
>> TELL US YOUR POLLING PLACE. MICHAEL RABENECKER EMPLOYED WITH THE CITY OF FORT PIERCE.
>> ARE YOU THE PERSON WHO INVESTIGATED THIS VIOLATION?
>> THE VIOLATION OCCURRED ON OCTOBER 17, 2021.
>> WHO IS OWNER VIOLATOR? LEX OWNER VIOLATOR IS TYLER
[00:40:08]
DOUGLAS LEWIS.>> WHAT IS THECITATION NUMBER?
>> CITATION NUMBER IS 7811 . LEX CAN YOU EXPLAIN WHAT YOU OBSERVED?
>> WELL MAKING ROUTINE ROUNDS IN FORT PIERCE I NOTICED A VEHICLE PARKED ON 125 A E BAKUS AVE AND POSTED NO PARKING ZONE.
>> DID YOU TAKE PHOTOGRAPHS OF THE VIOLATION?
>> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?
>> CAN I ASK A QUICK QUESTION BECAUSE I NEVER BEEN IN THE SITUATION BEFORE. I HAVE PICTURESON MY PHONE .
I DO NOT KNOW I COULD PULL THEM OUT, CAN I USE THEM? I CAN PUT THEM ON THE OVERHEAD DISPLAY.
>> I WILL MAKE WAIT TO MY TURN BUT RIGHT TO THE RIGHT OF MY VEHICLE THERE WAS A NO PARKING SIGN DOWN ON THE GROUND.
THAT WOULD'VE BEEN ASSIGNED CLOSEST TO MY CAR.
THE ONES FURTHER DOWN I COULD NOT SEE THEY WERE OUT OF MY LINE OF SIGHT. I HAVE PICTURES.
>> OKAY, WHEN YOU ARE UP WE WILL LET YOU COME UP THERE.
>> THESE PHOTOGRAPHS DO THEY FAIRLY AND ACCURATELY DEPICT THE VIOLATION?
>> THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT 1.
>> THESE PHOTOS WILL BE PRESENTED AND ENTEREDINTO EVIDENCE AS THE CITY'S COMPOSITE ONE .
>> IF YOU LOOK AT THIS PHOTO YOU WILL SEE THE SIGN POSTED THERE.
>> WHICH VEHICLE IS THIS POINT THAT OUT.
>> THE ONE CLOSEST TO US IN THE PHOTOGRAPH?
>> I DON'T HAVE ANY OTHER QUESTIONS YOU HAVE ANYTHING ELSE TO ADD REGARDING THE VIOLATION?
>> BEFORE WE START CAN YOU SEE YOUR NAME AND INDICATE IF YOU'RE SMART.
>> TYLER LEWIS AND YES I DID SWEAR IN.
CAN I SEND THIS PICTURE WHERE IT HAS THAT SIGN THERE FROM THE ANGLE MY CAR, THE SIGN WAS PROBABLY BACK ABOUT THERE IS NO PARKING GETTING IN AND OUT OF MY CAR I COULDN'T READ WHAT THE SIGN SAID. I WOULD HAVE HAD TO WALKED OVER TO IT AND GO ABOUT SEVEN OR EIGHT FEET.
I LITERALLY HAD JUST GOT OFF WORK I WENT INTO PEARSON CIDER MY BOY JOHNNY WAS PLAYING A SHOW I BROUGHT HIM SOME FOOD.
I WAS PARKED THERE FOR FIVE MINUTES.
THIS JUDGMENT HAD GOTTEN DONE TAKING A PICTURE RIGHT AS I SAID I HAVE PICTURES THAT SHOWS THE SIGN THAT WOULD HAVE BEEN IMMEDIATE LINE OF SIGHT WHEN I PUT THEM IN PART IT WAS LAYING DOWN ON THE GROUND. HAD I HAVE SEEN THAT I WOULD HAVE NOT PARKED THERE.
>> I WILL SEE IF I GET THE BRIGHTNESS ON THERE, SORRY.
I KNEW I SHOULD HAVE PRINTED THESE OUT.
THAT ONE WAS REALLY SHOWING HOW FAR THAT SIGN WAS FROM MY CAR.
IT WAS QUITE A WAYS. THAT'S PROBABLY AT LEAST 15 FEET.
>> BUT THERE ARE NO CARS BETWEEN YOU AND THAT SIGN?
>> NO, BUT THE ANGLE WHERE I WAS I COULD NOT SEE THAT SIGN.
IF YOU GO TO THE RIGHT AND YOU CAN SEE THE SIGN THAT WAS CLOSEST TO MY CAR, GO THE OTHER WAY.
SEE, THERE IS THE SIGN READ THERE DOWN ON THE GROUND.
THERE IS ANOTHER PICTURE SHOWING THE POSITION WHERE MY CAR WAS. THAT SHOWS THE ANGLE LIKE RIGHT WHEN I PULLED IN. I SAW THERE WERE SIGNS THERE BUT I COULD NOT SEE THEY WERE NO PARKING I HAD NO IDEA IT LIKE I SAID I WAS ONLY THERE FOR FIVE MINUTES.
I REALLY WANT YOU TO SEE THE ONE LANE ON THE GROUND.
THERE IT IS, THERE IS THE FRONT OF MY CAR AND THERE IS THE SIGN, THE NO PARKING SIGN LAYING ON THE GROUND.
HAD THAT HAD BEEN UP I GUARANTEE YOU I WOULD NOT HAVE
[00:45:01]
PARKED THERE. AND, I RECENTLY FEEL, THIS WAS OCTOBER 17 AND SOMEONE TOLD ME THEY JUST PUT THAT SCIENCE OF IT RECENTLY BECAUSE I REMEMBER FOREVER YOU USED TO BE ABLE TO PARK ON THE OTHER SIDE OF THAT ROAD.THOSE SIGNS COULD NOT HAVE BEEN THERE VERY LONG.
ANYWAY, IT WAS ALL A MISTAKE I PARKED THERE FOR FIVE MINUTES I DID NOT SEE THAT SIGN ON THE GROUND THOSE SIGNS AND THE ANGLE WERE FURTHER DOWN. I SAW THIS GENTLEMAN WRITING A TICKET I TRIED TO TELL HIM HE SAID THERE IS SORRY THERE'S NOTHING I CAN DO I ALREADY WROTE THE TICKET.
I TOOK A PICTURE OF IT THERE'S NOTHING I CAN DO.
I HAVE NEVER HAD A PARKING TICKET, SPEEDING TICKET, I HAVE NEVER BEEN PULLED OVER FOR A TICKET.
THIS IS THE FIRST TICKET I'VE HAD IN MY LIFE.
>> I DON'T HAVE ANY QUESTIONS FOR HIM BUT I DO BELIEVE THAT CODE HAS A FEW THINGS THEY WOULD LIKE TO ADD.
>> YES, MA'AM. PICTURE HE SHOWED LOOKED THERE WERE DIFFERENT VEHICLES PARKED IN FRONT OF HIM.
I DON'T KNOW IF HIS CAMERA IS DATE STAMPED.
>> IT'S FIVE MINUTES AFTER. I CAN SHOW YOU THE TIME IT WAS FIVE MINUTES AFTER YOU GIVE ME THE CITATION.
>> IT LOOKS LIKE ONE VEHICLE IS MOVED BUT I COULDN'T TELL THE TWO VEHICLES PARKED IN FRONT OF HIM WERE THE SAME TWO VEHICLES.
>> 4:42 PM THIS WAS DATED AT 4:36 PM.
>> IF I MAKE SPECIAL MAGISTRAT , THIS AREA HERE HAS ALWAYS BEEN A NO PARKING AND TICKETS HAVE ALWAYS BEEN ISSUED HERE.
AND THE REASON FOR THE POSTS BEING PLACED BACK HERE IN FACT I WILL MAKE THIS LARGER SO YOU CAN SEE.
THE REASON FOR THE POST BE PARKED BACK HERE AND NO PARKING IS THIS IS A STOP SIGN. WHEN VEHICLES ARE PARKED HERE IT CAUSES A SAFETY ISSUE FOR VEHICLES APPROACHING THIS INTERSECTION TO STOP AND GO. THIS IS WHY THERE HAS NEVER BEEN PARKING ALLOWED IN THIS AREA AND WE HAVE ISSUED TICKETS FOREVER IN THIS AREA. THERE HAS BEEN SOME COMPLAINTS FILED BY MAIN STREET WHICH I THINK IS RIGHT ACROSS THE STREET AND BECAUSE OF THAT THE CITY WENT AND ADDED THESE SIGNS. APPARENTLY A VEHICLE STRUCK ONE OF THE SIGNS AND KNOCKED IT DOWN.
BECAUSE WE HAD THE SIGNS WERE RECENTLY INSTALLED AND THERE WAS UNHAPPY PERSONS WHO WERE VERY VOCAL ON THE SIGNS BEEN PLACED. THE BEST I CAN SAY THAT SIGN WAS VANDALIZED. IT SHOULD HAVE BEEN A BREAK.
THE FACT THAT THE SIGN WAS THEIR SAME NO PARKING BUT IT WAS ON THE GROUND DOESN'T MEAN IT'S OKAY TO PARK.
>> I KNOW HEADACHE AND GOING I WOULD HAVE SEEN THAT.
THAT'S THE REASON THERE IS NO PARKING THERE IS A STOP SIGN HERE IS A SAFETY HAZARD.
>> I WILL NEVER PARKED THERE AGAIN, I GUARANTEE IT.
>> I HAVE TO SAY I UNDERSTAND WHAT YOU ARE SAYING AND YOU DO NOT READ THIS ONE.
>> I WAS LITERALLY THERE FOR FIVE MINUTES.
>> IF YOU PARKING THERE AND YOU SEE THERE IS A SIGN EVEN THINK IT WOULD MAKE SURE IT SAYS NO PARKING.
>> I'M SORRY MY FRIEND JOHNNY WAS PLAYING AND ASKED IF I COULD BRING SOME FOOD I JUST RAN AND CAME BACK OUTSIDE HAD I WENT A LITTLE BIT FURTHER IN PART I WOULD'VE SEEN THE SIGNS AND I WOULD HAVE PARKED THERE.
>> I AM SORRY I WILL WAIVE THE ADMINISTRATIVE FEE BUT I FIND YOU ARE PARKED IN A NO PARKING ZONE SO IT'S A $50 FINE IT WOULD STILL STAND. YOU HAVE 30 DAYS.
>> ANYWAY TO FIND THAT FURTHER?
>> APPEAL TO THE COUNTY COURTS.
>> APPEAL TO THE CIRCUIT COURT, YES MA'AM.
THAT INFORMATION FOR THE APPEAL WILL BE INCLUDED IN THE ORDER.
>> I WILL APPEAL THAT, IT'S NOT RIGHT.
>> AGAIN, YOU WILL RECEIVE AN ORDER IN THE MAIL AND YOU WILL HAVE ALL THAT INFORMATION.
[E. 21-3197 PK 600 N Indian River Dr William Edward Fegyak Michael Rabenecker]
>> SPECIAL MAGISTRATE THE NEXT ITEM IS 21 - 3197.
I AM SORRY I WILL ABUSE SOMEONE'S NAME FEGYAK.
>> SIR, STATE YOUR NAME AND INDICATE IF YOU WERE SWORN.
>> MY NAME IS WILLIAM FEGYAK AND I WAS SWORN.
>> GOOD MORNING MICHAEL RABENECKER EMPLOYED AS A
[00:50:05]
SMIRKING PARKING SPECIALIST FORT PIERCE.>> DID YOU ESCAPE THE STYLISH?
>> APPROXIMATELY 600 BLOCK OF NORTH INDIAN RIVER DRIVE KNOWN AS THE FISHERMAN'S WHARF BOAT RAMP.
>> OWNER VIOLATOR IS WILLIAM FEGYAK.
>> VIOLATIONS WERE PARKING IN A RESTRICTED BOAT TRAILER PARKING 3435-O.
>> WHAT IS THIS DICTATION EVER.
>> CAN YOU EXPLAIN WHAT YOU OBSERVED?
>> I OBSERVED A LINCOLN CONTINENTAL LICENSE TAG IJ84FM PARKED IN A BOAT TRAILER PARKING SPOT.
>> IS IT MARKED THAT IS BOAT TRAILER PARKING? YES.
>> DID YOU TAKE PHOTOGRAPHS OF THE VIOLATION? YES.
>> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?
>> MICHAEL, DID WE HAVE ANOTHER PHOTO TO INCLUDE FOR THAT THE ONE WE TOOK OUT AND USED ANOTHER CASE?
>> DO THOSE PHOTOGRAPHS FAIRLY AND ACTUALLY DEPICT THE VIOLATION AS YOU OBSERVED IT? YES.
>> THIS TIME THE CITY WOULD MOVE INTO EVIDENCE COMPOSITE ONE. PHOTOGRAPHS.
>> PHOTOGRAPHS WILL BE ENTERED INTO EVIDENCE AS PLAINTIFFS COMPOSITE EXHIBIT 1.
>> IF YOU CAN SEE HERE IS A VEHICLE PARKED IN THE BOAT TRAILER PARKING. AND IT'S STENCILED ON THE GROUND AS BOAT TRAILER PARKING AND THE WHITE LINES DESIGNATED AS FOR A BOAT TRAILER.
>> ANYTHING FURTHER YOU LIKE TO ADD 2
>> QUESTIONS, SPECIAL META-MAGISTRATE.
>> WOULD LIKE TO ADD ANYTHING?
>> THIS WAS 3 O'CLOCK IN THE AFTERNOON ON SUNDAY.
AGAIN AS THE OTHER JIM AND STATED WE WERE GOING TO THE FISHERMAN BUOY AND MY WIFE IS MORE HANDICAPPED THAN I AM I JUST HAD A HIP REPLACEMENT SO WE DROVE AROUND FOR ABOUT FIVE MINUTES LOOKING FOR A PARKING SPOT.
MORE HANDICAPPED SPOT AND WAS NOT ANY AVAILABLE.
AND MY WIFE CANNOT WALK VERY FAR SO AGAIN A LOT OF BOATS WERE LEAVING AND THERE WAS AMPLE TRAILER PARKING PLACES.
IT IS NOT JUST SAY NO OTHER VEHICLES IT JUST SAYS ABOUT AND TRAILER. SO, I PARKED THERE.
AND THAT SIMPLE BECAUSE MY WIFE CANNOT WALK VERY FAR AND I CANNOT WALK FAR EITHER. IT WAS UNFORTUNATE BUT I DID NOT HAVE ANY ALTERNATIVE. WE WANTED TO GO EAT DINNER.
I WILL NOT ARGUE THE FACT THAT THAT IS NOT MY CAR.
>> I APPRECIATE YOU SAYING THAT.
>> I WAS TOLD BY OFFICERS THAT I COULD PARK IN DIFFERENT SPOTS WITH A PLACARD, A HANDICAP PLACARD, NOT ONLY IN FORT PIERCE BUT IN THE COUNTY. I WAS TOLD THE SAME THING I COULD USE OTHER PARKING SPOTS OTHER THAN HANDICAPPED.
MAYBE RESTRICTED IF I HAD THE PLACARD, I WAS TOLD THE SAME THING IN PALM BEACH COUNTY AT LAKE WORTH PARK THAT I COULD PARK IN DIFFERENT PLACES AS LONGAS MY PLACARD WAS DISPLAYED. MY PLACARD WAS FULLY DISPLAYED .
>> SPECIAL MAGISTRATE IF I COULD THE STATE LAW FOR THE HANDICAPPED IS THAT YOU DON'T GET CITED WHEN USING PAID PARKING. THE CITY OF FORT PIERCE HAS EXPANDED THAT BECAUSE WE DON'T HAVE BEEN PARKING BUT THE STATE STATUTE BUT THE STATE STATUTE HANDICAP PARKING IN THE DOWNTOWN AREA. ONLY APPLIES TO PAID PARKING YOU DON'T HAVE TO PAY WHEN YOU HAVE A HANDICAP PLACARD.HE CITY HAS EXPANDED THAT TO INCLUDE THE TWO-HOUR PARKING SO IF HE WAS TO PARK DOWNTOWN AND INTO OUR SPACE HE WOULD NOT BE TIMES. BUT IT DOESN'T JUST GIVE YOU A DOZEN WAIVE ALL OTHER PARKING RESTRICTIONS OR REQUIREMENTS.
>> I AM ASSUMING THERE IS HANDICAP PARKING AT THE RESTAURANT?
>> IT WAS VERY LIMITED HANDICAP PARKING THERE AND THERE WERE
[00:55:01]
NONE AVAILABLE I DROVE AROUND FOR FIVE MINUTES LOOKING FOR ANY PARKING SPACE THAT WAS HALFWAY REASONABLE.>> MA'AM, IF YOU LOOK AT THIS PRESENT PICTURE LOOKS LIKE THERE IS A PARKING SPOT BEHIND THE VEHICLE BY THE PALM TREES.
IT LOOKS LIKE THERE IS A SPOT.
>> THERE WASN'T A SPOT AND IF YOU LOOK FURTHER THAT IS A WALKWAY OR WHATEVER THAT IS GREAT THERE.
>> THERE WAS NO PARKING SPOTS I WOULD HAVE PARKED IN A PARKING SPOT HAD THERE BEEN ONE AVAILABLE.
I DO NOT PARK THERE BECAUSE I FELT LIKE PARKING THERE.
I PARKED THERE BECAUSE THERE WASN'T ANYTHING AVAILABLE IN THEIR PARKING LOT.
>> IS THERE ALSO OVERFLOW PARKING ON THE SIDE?
>> THERE IS OVERFLOW PARKING ON THE SIDE OF THE RESTAURANT.
>> IN THE BACK IT WAS FULL I DROVE AROUND TO THE BACK.
>> ON SATURDAY AND SUNDAY AFTERNOON THIS BOAT RAMP IS VERY BUSY WITH PEOPLE PUTTING THEIR BOATS IN THE WATER SO PARKING IS VERY LIMITED FOR BOAT TRAILERS.
>> 3 O'CLOCK IN THE AFTERNOON AND MANY BOATS RELATING AND THERE WERE AMPLE, AMPLE BOAT SPOTS AVAILABLE.
OR I WOULD NOT HAVE GONE THERE. WITH MY PLACARD BECAUSE THERE WERE MANY BOAT SPOTS AVAILABLE.
>> SIR, GIVE ME A MINUTE. I TOOK THE OPPORTUNITY TO HAVE A DISCUSSION WITH THE DEPARTMENT SUPERVISOR.
THERE IS ONLY TWO HANDICAPPED PARKING SPOTS AT THIS LOCATION.
IT IS A VERY BUSY LOCATION AT THAT TIME FOR THE RESTAURANT.
BASED SOLELY UPON THIS STAFF IS AND RECOMMEND WAITING THIS.
>> THANK YOU, SIR. YOUR APPEAL IS GRANTED, SIR.
YOUR APPEAL IS GRANTED. IT IS DISMISSED.
>> ONE MOMENT SPECIAL MAGISTRATE IS A GET MY AGENDA OPEN. OUR NEXT CASE IS 21 - 1291
[B. 21-1291 CE 1606 San Diego Avenue Renedo Louis Heather Debevec]
LEWIS.>> TOWN IS YOUR NAME CERTAIN IF YOU ARE SWORN IN.
>> PLEASE RAISE YOUR HAND AND STAINING.
>> SWEAR AND AFFIRM YOUR TESTIMONY YOU'RE ABOUT TO GET IS THE TRUTH?
>> MA'AM, CAN YOU TELL US YOUR NAME, PLEASE.
>> WHO IS THE OWNER ON THE VIOLATION?
>> WHAT IS THE ADDRESS FOR THE VIOLATION?
>> CAN YOU EXPECT US WHAT YOU OBSERVED WITH THE VIOLATIONS?
>> THE TREES IN THE BACK OF THE HOME NEEDED TO BE TRIMMED UP DEFENSE LINES NEED TO BE CLEANED OFF AND THERE ALSO NEEDS TO BE ADDRESSED NUMBERS TO BE VISIBLE FROM THE STREET PLACED EITHER ON THE MAILBOX OR ON THE HOME.
>> DID YOU TAKE PHOTOGRAPHS OF THE VIOLATION?
>> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?
>> WHILE HE IS LOOKING AT THAT HAVE YOU DONE A FOLLOW-UP ON THIS?
>> YES, I WENT BY THIS MORNING, SOME WORK HAS DEFINITELY BEEN DONE THERE HAS BEEN A SIGNIFICANT CHANGES.
THE ADDRESS STILL NEEDS TO BE PLACED ON THE MAILBOX OR ON THE HOME. THERE IS SOME TRIMMING THAT STILL NEEDS TO BE DONE. MR. LEWIS AND I SPOKE THIS MORNING SO I WAS GOING TO ASK FOR A CONTINUANCE TO GIVE HIM
[01:00:01]
THE OPPORTUNITY. WE ALSO ARE GOING TO MEET AFTER THIS HEARING TO GO OVER THINGS TO MAKE SURE THAT HE UNDERSTANDS WHAT NEEDS TO BE DONE.>> I WOULD SAY THE FIRST ONE IN FEBRUARY.
>> SPECIAL MAGISTRATE WE AS WE GO AHEAD AND RESET THIS FOR THE FEBRUARY HEARINGS.
>> OKAY, SET. I ASSUME THAT'S OKAY WITH YOU, TOO? ALL RIGHT, THANK YOU.
>> SPECIAL MAGISTRATE THE NEXT CASE IS 21 - 2702.
>> ARE YOU OKAY SITTING AT THE PODIUM OR DO YOU NEED A SEAT?
>> ARE UK STANDING OR DO YOU NEED TO SIT?
>> STATE YOUR NAME FOR THE RECORD AND IF YOU ARE SWORN IN.
>> I BELIEVE SHE WAS SWORN IN.
>> MA'AM, CAN YOU HEAR ME OKAY?
>> I WILL TRY AND SPEAK LOUDER, HOW ABOUT NOW?
>> DO WE HAVE HEARING ASSISTANCE?
>> THEY WERE IN THE DRAWER IN THE KITCHEN.
>> WE ARE GOING TO GET YOU SOMETHING SO YOU CAN HEAR BETTER, GIVE US A SECOND.
>> I STILL DID NOT UNDERSTAND WHAT YOU SAID.
>> WE ARE GETTING YOU SOMETHING.
>> SHE WILL GET YOU SOMETHING TO HEAR BETTER.
>> I CANNOT GET USED TO THESE MASKS.
>> SPECIAL MAGISTRATE, OFFICER ISAAC SAUCEDO SAID THERE HAS BEEN SOME PROGRESS ON THIS SO WE ARE CREDIT REQUEST A 60 DAY CONTINUATION. HE WILL ADDRESS THAT OUTSIDE OF THE COURT.
>> JAMIE, WE WILL CONTINUE 60 DAYS.
>> ISAAC YOU CAN EXPLAIN TO MS. RAIN.
>> I AM GOING TO EXPLAIN WHAT WE ARE GOING TO DO NEXT.
I WILL EXPLAIN OUTSIDE. WANT TO FOLLOW ME? I AM SORRY.
>> DOES HE HAVE SOMETHING HE CAN WRITE ON.
>> SHE CAN HEAR UP CLOSE BECAUSE I SPOKE TO HER.
[A. 09-759 CE 1810 S 8th St Lajeunne Beausejour Peggy Arraiz]
>> THE NEXT CASE IS NINE ? 759. 1810 S. EIGHTH STREET BEAUSEJOUR.
>> SPECIAL MAGISTRATE I WOULD PRESENT IN THIS MATTER.
>> MY NAME IS MARIA BEAUSEJOUR AND I HAVE BEEN SWORN IN.
>> THIS CASE WAS INITIATED APRIL 6 BACK IN 2009 AND THE PROPERTY WASN'T CITED FOR 5-368 PROPERTY MAINTENANCE, FIVE- 368 FENCE MAINTENANCE. 22- 60 7D TO FIT HIS BARBED WIRE. 22-60 SUBSECTION F SUBSECTION 2 COMMERCIAL VEHICLES. ON AUGUST 19, 2009 SPECIAL MAGISTRATE FOUND OWNERS OF VIOLATION PROVIDED 30 DAYS TO COMPLY OR BE FINED $250 PER DAY.
[01:05:11]
ON OCTOBER 1, 2009 AN INSPECTION OF THE PROPERTY FOUND THAT THE VIOLATIONS CONTINUED AND THAT'S WHEN THE FINDS WERE INITIATED. ON DECEMBER 3 OF THAT YEAR THE LIEN WAS FILED. OCTOBER 21 OF 2020 WHEN THE PROPERTY WAS BROUGHT INTO COMPLIANCE AND WE SENT NOTICE TO THE OWNER THAT IT WAS IN COMPLIANCE ANDTHAT THE CLAIMS HAD STOPPED BUT THE LIEN WAS ON THE PROPERTY .THEN WE RECEIVED A REQUEST FROM MISS BEAUSEJOUR FOR THE REDUCTION. THE BALANCE IS QUITE HIGH.
THE BALANCE IS QUITE HIGH IT IS THAT $1,098,290 BECAUSE IT DID ACCRUE FOR 11 YEARS. ROUGHLY 11 YEARS.
I DO NEED TO, FOR THE RECORD, I NEED TO REVIEW THE SEVEN CRITERIA. THE GRAVITY OF THE VIOLATION WAS ACTUALLY MINOR. IT WAS OFFENSIVE MAINTENANCE.
ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATION DEFENSE DID GET FIXED, THE BARBED WIRE WAS REMOVED, THE BARE WOOD WAS PAINTED ON THE SHED EVERYTHING WAS RESOLVED.OWEVER, IT TOOK 12 YEARS FOR US TO SEE THE PROPERTY WAS PROJECT BY THE NUMBER OF TIMES THE VIOLATOR WAS PURPOSELY FOUND IN VIOLATION AND NOTICES IT'S THE ONE. IT'S THE ONLY MATTER WE'VE EVER HAD AT THIS LOCATION. WE ARE NOT AWARE OF ANY EXTENUATING CIRCUMSTANCES AND THERE'S NO PENDING VIOLATIONS.
I KNOW THE PROPERTY CHANGED HANDS.
IT WAS IN ONE NAME MIDWAY THROUGH IT WAS TRANSFERRED TO MISS MURRAY AND THEN A FEW YEARS AGO IT WAS TRANSFERRED TO THE NAME OF I BELIEVE HER FATHER WHICH IS WHY HER NAME, HIS NAME IS ON THE REQUEST ALSO.
THE TITLE CHANGED HANDS A COUPLE TIMES BUT REMAINED IN THE FAMILY. THE LIEN IS IN THE NAME OF MISS MURRAY BEAUSEJOUR. AND AGAIN, QUITE HIGH.
WE DO AS PART OF OUR PROCESS REVIEW THE ADMINISTRATION FEES FOR PROCESSING THIS CASE AND MULTIPLE FEES ARE CONSIDERED A HARD COST. WHICH IS OUR MAILING FEEDS, THE COST OF THIS HEARINGTODAY . BECAUSE OF THE REQUEST WHICH I BELIEVE MISS BEAUSEJOUR REQUESTED EVERYTHING BE WAIVED, I CAN PULL THAT REQUEST. ANYTHING LESS THAN $3000 DOES REQUIRE A HEARING IN FRONT OF THE CITY COMMISSION.
SO THERE'S A $250 FEE THAT CANNOT BE WAIVED AT ALL.
BUT THIS NUMBER HERE I WANT TO POINT OUT, THAT'S FOR THE MONTHS OPEN, THAT'S FOR INSPECTIONS, THE MAINTENANCE OF THE FILE, ETC. THAT IS A NUMBER THAT STAFF DOES THAT THE ABILITY TO WORK WITH. IT IS FAIRLY LARGE BECAUSE OF THE TIME IT WAS FROM THE TIME IT WAS CITED TO THE TIME IT WAS CLOSED. HAVING SAID ALL OF THAT, STAFF HAS TAKEN INTO CONSIDERATION THERE HAS BEEN NO OTHER VIOLATIONS AT THIS LOCATION. AND IT WAS A MINOR VIOLATION THEREFORE WE ARE RECOMMENDING THAT THE FINES BE REDUCED TO $2000. TOTAL.
THAT WOULD REQUIRE A HEARING IN FRONT OF THE CITY COMMISSION, AS WELL. ANYTHING WE DECIDE TODAY WOULD NEED A SECOND HEARING. AND I WILL LET MISS BEAUSEJOUR SPEAK.
>> DO YOU UNDERSTAND, I WILL GIVE YOU A MINUTE,YOU UNDERSTAND WHAT THEY ARE RECOMMENDING IS 2000 ? I AM STILL SURE THAT'S A LOT FOR YOU.
>> I AM VERY EMOTIONAL BECAUSE MY DAD HE HAS BEEN LIVING HERE SINCE 1981 AND HE IS A VERY RESPONSIBLE MAN.
BUT IN THE PAST FEW YEARS MY MOM SICK AND MY GRANDPA HAS BEEN SICK AND MY GRANDMOTHER SHE'S GONE NOW BUT SHE WAS SICK. THEY WERE LIVING WITH MY DAD.
I DON'T LIVE HERE AND MY MOTHER CAME TO BE IN ORLANDO HE HAS BEEN LIVING HERE, HE DOES NOT WANT TO MOVE.
HE HAS BEEN LIVING WITH SICK PEOPLE.
HE HAS BEEN OVERWHELMED, HE DOESN'T READ LETTERS.
WHEN I COME AND SEE HIM I AM LOOKING AROUND THE HOUSE TO OPEN LETTERS AND TO READ FOR HIM BECAUSE THOSE LETTERS I KNOW THEY HAVE BEEN SENT. MY DEBT DOES NOT REALLY READ THEM AND EVEN IF HE WAS TREATED HE WOULD UNDERSTAND SOMETIMES HE CALLS ME TO UNDERSTAND WHAT THE LETTERS SAY.
HE HAS NOT BEEN READING LETTERS SO WHEN HE FOUND OUT THERE WAS A PROBLEM HE TRIED TO FIX SOME OF THEM AND SOME HE DIDN'T GET.
[01:10:05]
IF I DID NOT INTERVENE WE WOULD STILL BE RECEIVING FEES TODAY.A COUPLE OF YEARS AGO I THINK WHAT MR. ISAAC CAME TO THE HOUSE I MEAN I CALL HIM AND HE SAID I COULD COME AND MEET HIM AND HE SAID OKAY I WILL BE AT THE HOUSE.
I MET HIM AT THE HOUSE SO THAT IS THE DATE HE FINALLY STOPPED THE FEES FOR ME. EVEN MY DAD HE ALREADY FIXED THE HOUSE AND I SAID DID YOU CALL THEM AND HE SAID NO THEY ARE GOING TO COME IN. I SAID YOU NEED TO CALL THEM BECAUSE IF YOU CALL THEM THEY DON'T KNOW THAT YOU FIX THE PROBLEM. WHEN HE UNDERSTOOD THAT HE NEEDED TO FIX THE SHED WHICH IS A SMALL HOUSE HE HAS IN THE BACK HE PAID SOMEONE TO FIX IT. THAT PERSON GOT SICK AND THEN HE DIDN'T RETURN THE MONEY TO MY DAD HE SAID I WILL FIX IT FOR YOU SO IT TOOK FOREVER. I REALLY AM SORRY THAT HAPPENED. IT WILL NOT HAPPEN AGAIN.
ONE THING I WOULD ASK IF THERE IS ANYTHING HAPPENING TO THE HOUSE I AM STILL FIGHTING WITH HIM TO COME UP MOVING TO LIVE WITH ME. IT'S NOT HAPPENING YET BUT I AM FIGHTING WITH HIM TO DO THAT. IN THE MEANTIME IF YOU GUYS FIND A VIOLATION IS THERE ANYONE YOU CAN SEND ME AN EMAIL OR WRITE ME A LETTER SO I KNOW BECAUSE HE IS NOT GOING TO KNOW.
>> I HAVE ADDED HER NAME AND CONTACT INFORMATION TO THE CASE, TO THE ADDRESS.
>> THESE FEES ARE FROM THE BACK AMOUNTS.
THEY HAVE BEEN REDUCED. TWO 2000, TOTAL.
DO YOU KNOW IF THE CITY COMMISSION OR COUNSEL WOULD STILL HAVE TO APPROVE THAT AMOUNT? BUT WOULD HE BE ABLE TO PAY THAT OVER TIME?
>> IT WILL BE HARD IF THERE IS ANYTHING THAT CITY CAN CONTINUE TO DO FOR US I WOULD REALLY APPRECIATE IT.
BUT, WE HAVE TO DO WHAT WE HAVE TO DO.
>> SPECIAL MAGISTRATE WE CAN DO A 12 MONTH TO PAY.
>> I WOULD RECOMMEND THAT THE AMOUNT OF 2000 BE SENT TO THE CITY COUNCIL WITH A 12 MONTH TO PAY.
>> THAT IS FAIR ENOUGH. THANK YOU, WE WILL JUST HAVE TO MANAGE WE WILL TRY TO TAKE CARE OF IT.
>> THANK YOU FOR APPEARING FOR HIM.
>> THANK YOU SO MUCH FOR GIVING ME THE TIME AND OPPORTUNITY TO COME HERE.
>> THIS WILL GO TO CITY COMMISSION ON FEBRUARY 7.
>> NOPE. THE ITEM ITSELF WILL GO ON WAS CALLED A CONSENT AGENDA WHICH IS A BUNCH OF BUSINESS ADMINISTRATORS ITEMS DONE IN ONE GROUP.F YOU WISH TO THE COMMISSION AND HAVE THEM RECONSIDER THE SPECIAL MAGISTRATE'S DECISION YOU CAN COME AND SPEAK BEFORE HAND.
YOU NEED TO SIGN UP FOR PUBLIC COMMENT.
WE HAVE A LETTER THAT EXTENDS ALL THAT.
IF YOU WISH TO CONTEST WITH THE SPECIAL MAGISTRATE IS RECOMMENDING AND ASKED COMMISSION FOR ADDITIONAL CONSIDERATION YOU NEED TO COME AND SPEAK DURING PUBLIC COMMENT. OTHERWISE, IF YOU ACCEPT THE SPECIALMAGISTRATE RECOGNITION YOU DO NOT NEED TO BE THERE.
>> ONE QUESTION. IF I CHOOSE TO COME ON THAT DAY DO I HAVE A CHANCE TO REDUCE IT OR IT MIGHT GO HIGHER?
>> I HAVE NEVER SEEN THE COMMISSION GO HIGHER.
ACTUALLY, I DID ONCE A LONG TIME AGO BUT YOU DO NOT MEET THOSE CIRCUMSTANCES IN ANY WAY, SHAPE OR FORM.
AS A RULE, I'VE NEVER SEEN THE COMMISSION GO HIGHER.
>> WE WILL SEND YOU THE LETTER YOU NEED TO SIGN UP FOR PUBLIC COMMENT SO YOU CAN SPEAK BEFORE HAND.
>> WHERE DO I SIGN UP IS IT ONLINE?
>> 15 MINUTES BEFORE THE COMMISSION MEETING YOU CAN SIGN UP. WE WILL EXPLAIN THAT IN THE LETTER. THANK YOU SO MUCH.
>> IT DID YOU GIVE HER THE TIME?
>> THANK YOU SO MUCH FOR YOUR TIME.
>> WE HAVE ONE MORE.SPECIAL MAGISTRATE THE NEXT CASE IS
[B. 07-324 CE 3210 Indiana Ct Vivian G & Arstell Mims Peggy Arraiz]
07324. 3210 INDIANA COURT.MIMS. I KNOW YOU REPRESENTED THIS ONE AS WELL YOU DON'T NEED TO COME UP.
THIS CASE WAS INITIATED JANUARY 31, 2007 AND IS AGAIN BEFORE YOU FOR A LEANER REDUCTION HOWEVER THIS CASE THE REQUEST
[01:15:07]
IS BEING DONE THROUGH THE FAST-TRACK PROCESS SO DOES NOT NEED A CITY COMMISSION MEETING. THE VIOLATION WAS FOR 568 SUBSECTIONS THREE AND FOUR PROPERTY MAINTENANCE.ON APRIL 4, 2007 SPECIAL PMAGISTRATE FOUND THE OWNERS IN VIOLATION PROVIDED 180 DAYS TO COMPLY AND FIND $200 PER DAY.
ON MARCH 13, 2008 THE FINES WERE INITIATED AND ON MARCH 25, 2009 THE LIEN WAS FILED. ON OCTOBER 14, 2021 AN AFFIDAVIT OF COMPLIANCE WAS SENT TO THE OWNER AND IN NOVEMBER 2021 WE RECEIVED A REDUCTION REQUEST THAT THIS BE PROCESSED THROUGH THE FAST-TRACK PROCESS WHICH MEANS THAT THE LIEN OF $1,240,770 WILL BE REDUCED TO $3000.
SO THAT IS THE OFFER BY THE APPLICANT WHICH STEP IS AGREEABLE TO BECAUSE IT IS PART OF OUR PROCESS.
SO WE ARE ASKING THE SPECIAL MAGISTRATE TO APPROVE THAT'S WE GET THIS RESOLVED AND A RELEASE OF LIEN.
>> I WILL APPROVE IT. THANK YOU FOR COMING.
>> THANK YOU, THANK YOU FOR COMING IN.
ACTUALLY, IF YOU COULD STEP UP TO THE PODIUM A REAL QUICK BECAUSE I HAVE AN OFFICIAL QUESTION.
>> AS PART OF THE FAST-TRACK PROCESS YOU ARE PROVIDED UP TO SIX MONTHS TO PAY. HOW LONG DO YOU NEED?
>> WELL, I ONLY WORK FOUR MONTHS A YEAR FROM JANUARY TO APRIL I WORK IN A TAX OFFICE. AFTER THAT I AM ON UNEMPLOYMENT AND SOCIAL SECURITY. SO, I DON'TKNOW .
>> EVERYONE, HAVE A FANTASTIC NEW YEAR.
[A. 21-2303 CE 1116 Hernando Street Nathan Albers Heather Debevec]
>> SPECIAL MAGISTRATE WE JUST HAVE A COUPLE CASES THAT DID NOT SHOW TODAY THAT WE NEED TO READ AND FOR THE RECORD.
>> 21 - 2303. 1116 HERNANDO STREET ALVERSON.
>> IF YOU WANT TO READ THEM AND IF THERE'S ANYTHING WE NEED TO HIT I WILL ASK QUESTIONS.
>> SPECIAL MAGISTRATE THIS IS CASE NUMBER 21 - 2303.
1116 HERNANDO STREET OVER OWNER NATHAN ALVERSON CASE WAS INITIATED ON OCTOBER 8, 2021 IT WAS FOR SECTION 123 ? 37 SUBSECTION 12 MAINTENANCE. REQUESTING THEY MOW THE YARD.
THE CITY REQUESTED THAT THE SPECIAL MAGISTRATE FIND THIS VIOLATION EXISTS BY LATER GIVEN 10 DAYS TO COMPLY AND A FINE OF $100 PER DAY BE ASSESSED. YOU HAVE PHOTOS IN WHICH TO SUBMIT. SOME WERE TAKEN THIS MORNING WHEN I BIT BY THE PROPERTY THERE HAVE BEEN NO SIGNIFICANT CHANGES AND I HAVE HEARD NOTHING FROM MR. ALVERS.
IN THESE PHOTOGRAPHS ARE THEY DATE STAMPS TO WHICH WAS ARE TODAY VERSUS PREVIOUS.
>> WAS FOR TODAY WERE TAKEN VIA TABLET SO THEY'RE NOT TIME STAMPED I WOULD HAVE TO GO TO THE PROPERTIES OF THE PHOTO ITSELF TO GO INTO THAT.
>> THE FIRST THREE THAT THE TIMESTAMPS ARE THE ONES FROM LOOKS LIKE FROM SEPTEMBER 18, 2021? AND THEN ONCE WITHOUT ANY DATE STAMPS WERE TAKEN TODAY?
>> DID A FAIRLY AND ACTUALLY DEPICT THE VIOLATIONS AS YOU OBSERVE THEM? X YES.
>> MOVE INTO EVIDENCE CITY COMPOSITE EXHIBIT 1.
>> PHOTOS WILL BE ADMITTED INTO EVIDENCE AS CITIESCOMPOSITE ONE .
[01:20:26]
>> NOTE THE PHOTOS TAKEN TODAY DO NOT INDICATE THAT ANYTHING HAS BEEN DONE. I FIND THAT THE VIOLATION EXISTS AND THAT THE VIOLATOR BE GIVEN IT 10 DAYS TO COMPLY OR A $100 PER DAY FINE BE ASSESSED.
>> I AM SORRY SPECIAL MAGISTRATE.
THE NEXT CASE IS 21 - 2480. WHEN IT 001 YORK AVENUE RAMIREZ DIAZ RAMIREZ.
>> I AM SORRY. SORRY, GOOD MORNING AGAIN.
[C. 21-2480 CE 1001 York Ave Francisco Ramirez-Diaz Gabriela C Ramirez Isaac Saucedo]
THIS IS CASE NUMBER 21 - 2480. 1001 YORK AVENUE.THE CASE WAS INITIATED BY MYSELF ON SEPTEMBER TO NINTH, 2021. THE OWNER IS FRANCISCO RAMIREZ DIAZ AND GABRIELA RAMIREZ. THE VIOLATIONS ARE SECTIONS 24 ? 19 2021 SUBSECTION NUMBER ONE AND FIVE FOR OUTSIDE STORAGE.
THE CITY REQUESTED OF THE SPECIAL MAGISTRATE FINDS IN VIOLATION EXISTS THE VIOLATOR GIVEN 10 DAYS TO COMPLY OR A FINE OF $150 PER DAY . I DO HAVE PHOTOS HERE.
>> TO THE PHOTOS FAIRLY NATURALLY DEPICT THE VIOLATIONS AS YOU OBSERVE THEM?
>> THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT 1, PHOTOGRAPHS.
>> PHOTOS ARE ENTERED AS COMPOSITE ONE FOR THE CITY.
>> ISAAC FOR CLARIFICATION THE PHOTOS I'M LOOKING AT NOW IT IS NOT MARCH 1?
>> I TRY TO ADDRESS THAT WITH IT AGAIN.
>> HAS THE OWNER BEEN IN TOUCH WITH YOU AT ALL?
>> YES, RIGHT BEFORE THE HOLIDAYS I BELIEVE IT WAS A GABRIELA WHO GAVE ME A CALL AND SHE DID, I CLEANED HER WHAT NEEDED TO BE DONE AND SHE SAID SHE WOULD TAKE CARE OF IT UPON INSPECTION AFTER THE HOLIDAYS THE PROPERTY CONTINUES TO LOOK THE SAME.
>> BASED ON THAT TESTIMONY IN THE PHOTOS I FIND THAT THE VIOLATION EXISTS AND THAT THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY OR A FINE OF $150 PER DATE WILL BE ASSESSED.
>> FOR THE RECORD WE WILL NOTE THAT NOTE RESPONDENT WAS PRESENT.
>> THOSE ARE THE LAST TWO, RIGHT?
>> ARE YOU TALK ABOUT THE PHOTOS?
[D. 21-2699 CE 212 Indian Hills Dr Yut Ming Lee (TR) Isaac Saucedo]
>> 21 - 9699, TWO WENT TO INDIAN HILLS DRIVE LEE.
>> THE CASE WAS ISSUED BY MYSELF ON OCTOBER 13, 2021.
THE VIOLATION IS SECTION 123 ? 37 SUBSECTION 12 FOR LANDSCAPE MAINTENANCE. THE CITY REQUEST THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS BE GIVEN 10 DAYS TO COMPLY OR FINE OF $150 COMPOSITE EXHIBIT 1. PHOTOS.
[01:25:06]
COMPOSITE EXHIBIT 1. PHOTOS. LIMITS EVIDENCE>> PHOTOS WILL BE ENTERED AS CITY EXHIBIT1 , COMPOSITE ONE.
>> THE SAME APPLIES TO THESE PHOTOS THE DATE IS REVERSED?
>> HAVE YOU DONE ANY FOLLOW-UP ON THIS PROPERTY?
>> YES, I WENT OUT ON JANUARY 3 AT APPROXIMATELY 4:26 PM THOSE ARE THE MOST CURRENT PHOTOS I HAVE.
>> ANYTHING CHANGED? NOTHING HAS CHANGED, NO.
>> BASED ON THE PHOTOS AND TESTIMONY THAT THE VIOLATION DOES EXIST AND THAT THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY OR A FINE OF $150 PER DATE WILL BE ASSESSED.
> NOTED FOR THE RECORD THAT NO RESPONDENT WAS PRESENT.
>> IF WE COULD PUT THE NOTICE THAT WAS SENT TO THE THREE THAT WERE NOT PRESENT ON THE RECORD PLEASE.
>> FOR CASES REGRET HEARING AND NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE.
IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF MAILING WITH THE NOTICE APPEARING SENT TO THE VIOLATOR REGULAR U.S. MAIL. 10 DAYS PRIOR TO THE HEARING NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL. A NOTICE OF HEARING IS ALSO POSTED ON THE PROPERTY IN QUESTION AND AFFIDAVIT OF POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF IF IT WAS RETURNED UNCLAIMED.
FOR CASES NOT MADE BY STATE STATUTE MAILING OF THE NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR.
THE GREEN CARD IS RETURNED UNSIGNED AND UNCLAIMED WERE NOT RETURNED WITHIN 10 DAYS OF HEARING AND NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.
>> THANK YOU. AND THAT I BELIEVE NEW BUSINESS, OLD BUSINESS OR OTHER CASES?
>> NO, MA'AM.
* This transcript was compiled from uncorrected Closed Captioning.