[1. CALL TO ORDER]
[00:00:09]
AM THE SPECIAL MAGISTRATE TO PRESIDE OVER THIS MORNING'S HEARINGS. YOU ARE HEAR FOR ONE OF SEVERAL REASONS. ONE THAT YOU RECEIVED NOTIFICATION THAT YOUR PROPERTY WAG IN VIOLATION OF A PARTICULAR CODE OF ORDINANCE AND YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT. FOR THOSE WHO HAVE NOT DONE SO, YOUR CASES WILL BE HERE SHO SHORTLY.
YOU COULD BE HERE FOR PARKING CITATIONS.
LIKEWISE YOUR CASE COULD BE SHORTLY.
YOU ARE TELEVISED AS YOU CAN SEE AND YOU WILL BE ON CITY OF FORT PIERCE'S TELEVISION STATION.
PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLY GANGS TO THE FLAG OF THE UNITED STATES OF AMERICA. TO THE REPUBLIC, FOR WHICH IT STANDS, ONE NATION, UNDER GOD WITH LIBERTY AND JUSTICE FOR
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
ALL. >> PLEASE STANDING PLEASE.
>> MAGISTRATE: MADAM CLERK. >>CLERK: PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
IDENTIFY THE CASES IN COMPLIANCE OR RESCHEDULED.
>> CASE 21-2225 SOUTH CAUSEWAY PARK MICHAEL LEE BARSON.
2116 100 BLOCK MARINA RAY. GEORGE RIVAS.
21-2637 NORTH INDY RIVER DRIVE. BRIAN JAMES INGRAM.
20 2 1-2528 SOUTH CAUSEWAY PARK ANGELIQUE MARIE EMIDDIO.
21-2110, SOUTH CAUSEWAY PARK, JIMMY DEMOND SPANN.
21-2109, SOUTH CAUSEWAY PARK SAMANTHA KAY MILLER.
21-2633 PK, NORTH INDIAN RIVER DRIVE AND AVENUE D, WILLIAM AUGUSTUS FRENCH. 21
[I. 21-3202 PK Jetty Park Steven Brigance, U-HAUL Co John Makolin]
>> MAGISTRATE: WHEN YOU ARE READY.
CALL THE FIRST CASE. >> OUR FIRST CASE IS 21-3202, JETTY PARK. STEVEN BRIGANCE AND YOU HAUL COMPANY. IF YOU CAN PLEASE STATE YOUR
NAME AT THE PODIUM. >> I AM STEVE BRIGANCE.
>> IF YOU CAN JUST CONFIRM THAT YOU WERE SWORN IN.
>> MAGISTRATE: YOU ARE READY. GO GOOD MORNING.
>> GOOD MORNING. >> TELL US YOUR FULL NAME.
>> JOHN MACLIN. >> ARE YOU EMPLOYED.
>> THE CITY OF FORT PIERCE. >> THE CASE NUMBER.
>> 21-3202. >> WHERE DID IT OCCUR?
>> JETTY PARK, CITY OF FORT PIERCE.
>> WHEN WAS THE CASE INITIATED? >> OCTOBER -- OCTOBER 29, 2021.
>> WHO WAS THE VIOLATOR ON THE CASE?
>> THE VIOLATOR CAME BACK TO U-HAUL COMPANY BASED OWLS OF
CANADA. >> A SPECIFIC NAMED OWNER
RELATED TO THE VIOLATION? >> VIOLATOR OF STEVEN BRIGANCE.
>> THANK YOU, SIR. >> WHAT CODE EXCEPTION WAS
VIOLATED? >> 34 35 P, OVERTIME PARKING.
>> WHAT CITATION NUMBER WAS ISSUED?
>> THE FINES AND FEES THAT ARE REQUESTED?
>> THE OFFICIAL FEE OF $50. ADMINISTRATION FEE OF $10 FOR
[00:05:02]
A TOTAL OF $60. >> WHAT DID YOU SPECIFICALLY OBSERVE IN REFERENCE TO THIS VIOLATION?
>> I OAKLAND A YOU-HAUL. SINGLE ACTION U-HAUL TRAILER PARKED IN THE TWO-HOUR TIME OF JETTY PARK WITH ONTARIO PLATES.
>> WHAT IS THE TIME LIMIT TH THERE?
>> IT'S TWO HOURS. >> WHAT TIMES DID YOU OBSERVE
THE VEHICLE PARKED THERE? >> OBSERVED THE VEHICLE AT 9:22
HOURS AND AGAIN AT 11:35. >> DID YOU TAKE PHOTOGRAPHS?
>> I DID. >> ARE THEY TAME STAMPED?
>> THEY ARE. >> HAVE THE RESPONDENT SEEN THE
PHOTOGRAPHS? >> I DO NOT KNOW.
THANK YOU VERY MUCH. >> YOU ARE WELCOME.
>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE
VIOLATION AS YOU OBSERVED IT? >> THEY DO.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE AS COMPOSITE
EXHIBIT 1, THE PHOTOGRAPHS. >> MAGISTRATE: ANYTHING
>> MAGISTRATE: STATES YOUR NAME FOR THE RECORD.
>> STEVE BRIGANCE. >> MAGISTRATE: HOW DO YOU
RESPOND TO THE ALLEGATIONS? >> WITH RESPECT TO WHAT THE WITNESS HAS TESTIFIED TO THIS POINT, I HAVE NO DISAGREEMENT.
I DO HAVE A DISAGREEMENT WITH THE VIOLATION AND THE FINE.
>> MAGISTRATE: AND WHAT IS THAT?
>> IS IT MY TURN TO START? >> MAGISTRATE: YES, I AM
TALKING TO YOU. >> I WOULD E WEARING A MASK BUT I DON'T THINK YOU CAN UNDERSTAND ME VERY WELL.
SO I WILL BE OKAY WITHOUT A MASK IF THAT'S ALL RIGHT.
I CERTAINLY MEAN NO DISRESPECT BY NOT WEARING A MASK.
I SORT OF HAVE A FEW QUESTIONS AND I MAY HAVE A FEW MORE DEPENDING ON YOUR ANSWER, BUT HOW LONG HAVE YOU BEEN WITH THE
CODE ENFORCEMENT DEPARTMENT? >> I HAVE BEEN AT THE CITY OF FORT PIERCE FOR APPROXIMATELY FIVE AND A HALF MONTHS.
>> FIVE AND A HALF MONTHS. SO YOU WOULD HAVE STARTED LAST
YEAR, WHAT MONTH? >> I BELIEVE IT WAS AUGUST,
OCTOBER, SOMETHING LIKE THAT. >> AUGUST OR OCTOBER.
HOW DID THE CODE ENFORCEMENT DEPARTMENT DEVELOP JURISDICTION OVER ISSUING TICKETS? HAS IT ALWAYS HAVE THAT ENFORCEMENT RIGHT OR HAS THAT BEEN THE POLICE DEPARTMENT'S
DOMAIN. >> SPECIAL MAGISTRATE, I WILL OBJECT TO LINE OF RELEVANCE FOR THIS LINE OFFING.
>> I AM TRYING TO SET A CONTEXT, YOUR HONOR.
ANYBODY WHO GETS A TICKET -- FOR EXAMPLE, WHEN I HAD MY FIRST CHILD WE WERE GOING FAST ON THE INTERSTATE.
WE WERE SPEEDING AND THE POLICEMAN PULLED US OVER AND THE FIRST HE ASKED IS DO YOU HAVE A REASON FOR SPEEDING.
AND I GAVE HIM THAT REASON AND HE ACCOMPANIED US TO THE HOSPITAL AND NO TICKET WAS ISSUED.
THERE IS A CONTEXT HERE AND I WOULD LIKE A LITTLE LEEWAY.
I CAME 750 MILES JUST TO BE HERE.
I DIDN'T WANT A PHONE CONVERSATION.
I DIDN'T WANT TO PAY THE TICKET WITHOUT AT LEAST HAVING WHAT HAPPENED AND WHY IT HAPPENED IN THE CONTEXT FOR IT.
AND I WILL JUST ASK FOR A LITTLE TIME TO MAKE THAT CASE.
>> MAGISTRATE: FINE. GO AHEAD.
>> THE CODE ENFORCEMENT PEOPLE, HOW LONG HAVE THEY BEEN ISSUING TICKETS AT THE PARK OR JAYCEE PARK OR ANY OF THE PA
PARKS? >> SPECIAL MAGISTRATE, I CAN ANSWER THAT AS THE DIRECTOR OF THE DEPARTMENT.
WE HAVE BEEN DOING IT FOR F FIVE-PLUS YEARS.
>> FIVE PLUS YEARS. MAYBE YOU CAN ANSWER AND THIS IS JUST FOR MY INFORMATION. DO THE POLICE ALSO ISSUE TICKETS DOWN THERE OR JUST THE CODE ENFORCEMENT DEPARTMENT?
>> PARKING IS ENFORCED BY BOTH DEPARTMENTS, CODE ENFORCEMENT AND PARKING -- AND POLICE DEPARTMENT.
>> YOU WOULDN'T KNOW, FOR EXAMPLE, IF ANYBODY HAS BEEN TICKETING ANYBODY DOWN AT THE JETTY PARKING LOT FOR THOSE
FIVE YEARS? >> I CAN ONLY TELL YOU THAT WE
HAVE SINCE I HAVE BEEN THERE. >> ABSOLUTELY.
YOUR HONOR, THE POINT I AM GOING TO BE MAKING HERE IS -- AND I LIVED AT THE JETTY FOR THREE YEARS.
WE LIVE AT THE JETTY. WE ARE THE ONLY RESIDENTS OF
[00:10:01]
THE JETTY. MY WIFE OR I HAVE PARKED ONE VEHICLE IN THE SAME PARKING SPACE FOR THREE YEARS WE HAVE BEEN THERE. I HAVE TALKED TO EACH OF THE OWNERS AT THE JETTY. AND I AM UNDER OATH AND I AM TELLING YOU WHAT I HAVE DONE. EACH OF THE OWNERS HAVE PARKED IN THAT, AND INCLUDING THE OWNER -- NOT THE OWNER BUT MANAGER OF HURRICANE. THERE ARE THREE RESTAURANTS AND THE JETTY LIQUOR STORE THERE. PHYLLIS AND RICHARD, WHO ALSO MANAGE THE FOOD DEPARTMENT FOR THE SUNRISE SANDS -- I THINK IT IS CALLED -- RESORT THERE AND PARKED THERE LONGER THAN I HAVE FOR FIVE YEARS, EVERY DAY. NEVER GOTTEN A TICKET.I DON'T -- THIS GENTLEMAN CANNOT ANSWER THE QUESTION, HOW MANY TICKETS HAVE BEEN ISSUED THERE BUT I CAN TELL YOU THE FOLLOWING, IN THREE YEARS OF PARKING THERE EVERY DAY, I HAVE NEVER GOTTEN A TICKET. IT IS CONVENIENT TO ME.
I AM 69 YEARS OLD. I WAS YOUNGER OBVIOUSLY WHEN WE MOVED THERE, BUT RELATIVE TO THIS PARTICULAR TICKET, AND IT IS PART OF MY CASE HERE, I HAD AN ACCIDENT ALMOST A YEAR AGO.
I SUFFERED A FAIRLY SEVERE BRAIN INJURY.
MY WIFE WAS HERE TWO WEEKS AGO AND I UNDERSTAND, YOUR HONOR, HAD THE COVID AND I HOPE SHE IS OVER IT AND ANYBODY ELSE IN THIS ROOM WHO HAD IT. BUT SHE HAD TO GO HOME.
SO I'M HERE ALONE THIS MORNING TO MAKE THIS CASE.
SHE WOULD TESTIFY THE SAME THING.
EITHER SHE OR I PARK THERE EVERY DAY FOR THE THREE YEARS WE HAVE BEEN THERE. NEVER ONE TICKET.
NEITHER HAS RICHARD OR PHYLLIS, NEITHER HAVE THE OWNERS OF THE SUNRISE -- SUNRISE DUNES RE RESORT, THE LIQUOR STORE.
THE GENTLEMAN THERE FOR 20 YEARS AND HE PARKS THERE.
SO THAT IS MY FIRST POINT. THE CONTEXT IS, YES, ONE OF THE TICKETS -- I AM SORRY, ONE OF THE PICTURES PRESENTED BY THE WITNESS WAS THE PICTURE OF THE SIGN.
AND IT DOES SAY NO MORE THAN TWO HOURS PARKING.
I CAN SEE THAT. BUT I WILL ALSO SAY THAT IT HAS NEVER BEEN ENFORCED TO MY KNOWLEDGE.
I HAVE DONE WHAT I CAN THROUGH PARALEGALS TO CHECK THAT AND DETERMINE WHAT TICKETS HAVE BEEN ISSUED THERE.
CAN'T FIND MUCH DATA, SO I CAN ONLY TESTIFY TO MY EXPERIENCE AND MY WIFE'S EXPERIENCE. CERTAINLY THE PROSECUTOR OF THE DEPARTMENT CAN CHECK TO SEE IF I EVER HAVE BEEN TICKETED TH THERE. SO I WILL ALSO SAY THAT THE DAY BEFORE THE GENTLEMAN TESTIFIED THAT THIS TICKET WAS ISSUED ON THE 29TH AND THAT'S CORRECT. ON THE 28TH THE TRAILER WAS IN A DIFFERENT POSITION ALSO IN THAT TWO-HOUR DESIGNATED PARKING ZONE. NO TICKET.
I JUST WANT TO SET THAT AS THE CONTEXT.
AND THEN I WOULD LIKE TO INTRODUCE MY FIRST EXHIBIT, YOUR HONOR. AND I DO HAVE COPIES FOR THE WITNESS. AND A COPY FOR THE PROSECUTESER AND A COPY FOR YOUR HONOR. THIS GOES ALONG TO THE POINT, YOUR HONOR, THAT THINGS JUST HAVE NOT BEEN ENFORCED AT THE JETTY. THERE ARE SIGNS EVERYWHERE AT THE JETTY. AND I AM ONLY GOING TO INTRODUCE TWO OF THEM. AND I WILL ASK THE WITNESS A FEW QUESTIONS ABOUT THEM. THE JETTY PARK AND THIS SIGN IS ON THE NORTH SIDE. SO IT IS OVER WHAT WOULD BE, I GUESS, SUNRISE, THE CIRCLE THAT GOES AROUND THE JETTY ON THE OTHER SIDE. MY FIRST QUESTION, SIR, IS WHAT
IS CONSIDERED THE JETTY PARK? >> IT IS A LOOP -- AS YOU GO THROUGH THE ROUNDABOUT. INCLUDES THE LOOP AROUND THE RESTAURANTS, PAST THE REST ROOM AREA, BEACH ACCESS AND THE OVERFLOW PARKING LOT THAT IS JUST -- THAT WOULD BE NORTH OF THE EXIT BACK INTO THE TRAFFIC CIRCLE.
>> OKAY. DOES IT INCLUDE -- IT IS CALLED "THE JETTYY." DOES IT INCLUDE THE JETTY?
>> I DON'T UNDERSTAND THE QUESTION.
>> I AM ASKING YOU PART YOU REGULATE, DOES IT INCLUDE THE
JETTY? >> YOU ARE TALKING THE JETTY.
>> WHERE PEOPLE FISH, PAST THE REST ROOMS WHERE THEY WALK OUT
ON THE JETTY. >> IT IS PART OF THE CITY FOR
-- >> SPECIAL MAGISTRATE, MAY I PLEASE. I AM BRINGING UP THE MAP SO WE CAN CLEARLY SHOW THE OUTLINE OF WHAT IS DESIGNATED THE PARK AS IS BEING REQUESTED. AND TO ANSWER THE QUESTION, THE JETTY IS NOT. THE BOUNDARIES OF THE PARK ARE HERE WITHIN THESE YELLOW SQUARES HERE.
AS YOU CAN SEE SEA WAY DRIVE IS NOT PART OF THE PARK.
IT IS A PUBLIC RIGHT-OF-WAY AND PUBLIC STREET ACCESS.
THE PARK STARTS WHERE THE YELLOW LINES START.
ALL THIS AREA HERE IS JETTY PARK.
[00:15:07]
SEAWAY DRIVE IS JUST THE ST STREET.>> CAN I ASK -- YOU ARE THE DEPARTMENT HEAD, IS THAT RIGHT?
>> YES, SIR. >> DOES THIS MEAN THIS PARKING SPACE IS PART OF THE JETTY OR NOT PART OF THE JETTY PARK.
>> THESE PARKING SPACES RIGHT HERE ARE STREET-SIDE PARKING.
THEY ARE PART OF JETTY PARK. >> THEY ARE NOT PART OF JETTY
WE GOT IT DOWN. SIR, DO YOU REGULATE ALCOHOL
BEVERAGE USING THE PARK. >>WE DO NOT.
>> WHO DOES? >> IT WOULD BE THE POLICE
DEPARTMENT. >> POLICE DEPARTMENT.
YOUR HONOR, I WILL TESTIFY IN MY THREE YEARS THERE, INCLUDING LAST NIGHT, THERE ARE A LOT OF PEOPLE DRINKING ALCOHOL IN JETTY PARK. BECAUSE CONSTANTLY -- I AM NOT AGAINST IT. I AM NOT SAYING THAT I'M HERE TO STATE ANYTHING, BUT YOU HAVE THREE RESTAURANTS ACROSS THE STREET THAT ARE NOT PART OF THE JETTY PARK.
ALL OF THEM SERVE SOME SORT OF ALCOHOL.
ONE OF THEM SERVES LIQUOR. THE OTHER IS THE JETTY LIQUOR STORE THAT HAVE DRIVE-THRU DRINKING AND I WATCH EVERY DAY AS I SIT IN MY APARTMENT AND I WATCH THE PEOPLE GO ACROSS THE STREET AND GET THEIR RUM TO GO AND A DRIVE THROUGH AND WALK THROUGH AND GO TO THE JETTY PARK AND SIT THERE.
I NEVER SEEN A SINGLE PERSON TICKETED.
I NEVER SEEN ANYBODY TICKETED WITH ANIMALS ON THE BEACH.
THEY ARE THERE BY THE HUNDREDS OF EACH WEEK.
I NEVER SEEN THAT. I NEVER SEEN ANY VEHICLES THAT JETTY PARK AS IT IS SUNRISE TO SUNSET.
PARKING ALL AROUND THE JETTY PARK.
AND WHAT I TOOK TO BE THE JETTY PARK WHERE CARS ARE AT NIGHT.
I SEE THEM. IN FACT, I WALK MY DOGS AT NIGHT AT THE JETTY PARK BECAUSE IT IS ONLY 30 FEET ACROSS THE STREET TO GET THERE. NO ONE ELSE IS THERE.
THEY TEND TO GO OUT AT 2 A.M. TO 3 A.M. WHEN NOBODY ELSE IS THERE. AND NOBODY HAS EVER TICKETED ME. I TAKE IT THE SIGN HERE THAT TALKS ABOUT THE JETTY PARK SAYS NO ANIMALS ON THE BEACH.
THERE ARE ANIMALS. I AM FOR IT.
I AM NOT EMPLOYEE TESTING IT. I AM JUST SAYING THERE ARE -- AND I AM GOING TO INTRODUCE ONE OTHER SET OF SIGNS ON PARK R ROAD. THEY ARE JUST NOT ENFORCED.
AND THE ONLY REASON I AM INTRODUCING THIS SO YOU GET THE RELEVANCE IS THAT DISCRETION IS USED EVERY DAY.
I HAVE SEEN IN MY THREE YEARS, I HAVE SEEN PLENTY OF FIGHTS IN AND AROUND THE JETTY PARK. THE COOLERS THAT ARE IN THE JETTY PARK ARE USED ALMOST ALL NIGHT LONG.
LAST NIGHT I SAW A PARENT H HOLDING A CHILD GOING THROUGH THE PARK AT 10:00 AT NIGHT. HE THEN CAME ACROSS THE STREET WHICH IS NOT IN THE PARK, OUTSIDE THE RESTAURANT AND ALMOST HIT HIS WIFE AS THEY HAD A DISAGREEMENT OVER THAT KID.
I WENT TO THE WINDOW, OPENED THE DOOR, TOLD THE GENTLEMAN I WAS GOING TO CALL THE POLICE IF SOMETHING WASN'T -- IF HE KEPT DOING AND THREATENING HIS WIFE. ALL I AM SAYING IS, I AM ASSUMING THESE SCOOTERS AREN'T SUPPOSED TO BE IN THE PARK BECAUSE THE PARK IS OVERNIGHT CLOSED.
IT IS SUNSET TO SUNRISE. THAT IS WHAT THIS SIGN SAYS, BUT YET PEOPLE ARE THERE ALL THE TIME.
SO WHAT I AM SAYING TO YOU IS THE CONTEXT IS IN MY THREE YEARS OF EXPERIENCE, NO TICKETS FOR DOING THE SAME THING THAT I DID THAT DAY. NOW LET'S GET TO THE FACTS.
I WAS THERE THAT MORNING. AND IN THE END, I PICKED UP THE TRAILER AND I HAVE THE PROOF OF THAT ANY DISPUTE ON THURSDAY MORNING THE 28TH. I PARKED IT OUTSIDE OF MY APARTMENT BECAUSE I WAS MOVING ALL DAY LONG ON THE 28TH.
NOW, AGAIN, I AM NOT ASKING FOR SYMPATHY.
I DORCHESTER WANT SYMPATHY. I DON'T DESERVE SYMPATHY.
I AM A PRETTY PRIVILEGED PERSON.
I AM NOT THE OVERRICH DOWN ON THE ISLAND, ONE PERSON WHO LIVES IN THE JETTY. ONLY PERSON WHO NEEDED TO UNPACK AND PACK A TRAILER OVER TWO DAYS.
I DID IT THURSDAY AFTERNOON. I DID IT THURSDAY NIGHT.
I DID IT ALL DAY FRIDAY. AND I WOULD -- I WOULD ASK THIS QUESTION, SIR. IT IS TWO-HOUR PARKING THERE.
CAN YOU TELL ME WHAT THAT ME MEANS? IF I FOR EXAMPLE, AND LET ME BE SPECIFIC, IF I PARK A TRAILER THERE OR I PARK A CAR THERE FOR ONE HOUR AND 59 MINUTES AND I GET INTO THAT CAR OR TIE UP THAT TRAILER TO MY CAR TETHERED AND GO AROUND AND DRIVE AND UNLOAD AT ANOTHER PLACE ON THE ISLAND AND COME BACK AND PARK IN THE SAME PLACE, CAN YOU DETERMINE WHETHER I VIOLATED THE TWO-HOUR RULE OR NOT? I DIDN'T SEE THAT IN WHAT YOU SAID.
YOU SAID YOU LOOKED AT 9:20 WHATEVER.
[00:20:03]
AND THEN YOU CAME BACK AT 11:450.DID YOU GET ANY PICTURES? DID YOU DETERMINE WHERE THAT VEHICLE WAS DURING THE TWO HOURS?
SO WOULD I BE VIOLATING THE LAW, THE CODE, IF I GOT IN THAT TRAILER EMPTY, TOOK IT PROBABLY -- CERTAINLY LESS THAN A MILE.
MY SON LIVES -- OUT OF THE HOSPITAL AT THE TIME LIVES RIGHT ACROSS FROM CUMBERLAND IN THAT SETS OF APARTMENTS.
IF I MOVE THAT TRAILER. WENT DOWN, UNLOADED ITEMS AND CAME BACK AND PUT IT IN THE SAME PLACE, YOU WOULD HAVE NO
IDEA OF THAT, RIGHT. >> PROBABLY NOT, BUT IN PARTICULAR CASE, IF YOU LOOK AT THE PICTURES, THE -- THE WHEEL WEIGHT ON THE TRAILER IS AT 11 WITH 35 AT THE 9:00 AND A PIECE OF ROAD DEBRIS SITTING NEXT TO THE WHEEL AT 9:00 AND AGAIN AT 11:00. AND THE SCENE FOR THE SIDEWALK WHERE IT IS FORMED OUT IS IN THE EXACT SAME PLACE AT 9:00 AND AGAIN AT 11:00. SO BASED ON ALL THOSE FACTS,
THAT TRAILER NEVER MOVED. >> THE TWO PHOTOS HE IS REFERRING TO ARE ON THE SCREEN IN FRONT OF YOU.
9:20 AND 11:35. AND THIS IS WHAT HE WAS
DESCRIBING. >> DO YOU HAPPEN TO KNOW HOW THE TRAILER WAS PARKED THAT D DAY?
>> PARKED AND ATTACHED TO A VEHICLE.
>> LET ME BE CLEAR. DO YOU REMEMBER OR NOT THAT IT WAS BACKED ALL THE WAY TO THE EDGE OF THE CURB AND THAT THE FRONT TONGUE WAS ALL AROUND -- SWUNG ALL AROUND TO ALLOW EXTRA SPACE FOR SOMEONE TO PARK THERE ÚAND UP AGAINST THE CURB, SUCH THAT IF IT WERE PARKED IN THE SAME PLACE, IT WOULD BE PARKED THE SAME WAY, UP AGAINST THE CURB AND WITH THE TONGUES SWUNG
I CAN ONLY GO BASED ON MY PICTURES.
THE TONGUE LOOKED LIKE IT WAS PRETTY MUCH PARALLEL TO THE ROAD. NOT SWUNG UP AGAINST THE CURB.
>> I CAN TESTIFY, YOUR HONOR, THAT IS NOT TRUE AND I AM UNDER OATH. I SWUNG THE TONGUE.
THE ONLY WAY TO DO IT IS THE TRAILER WAS LIGHT -- I AM NOT TESTIFYING THAT I MOVED THE TRAILER DURING THAT PERIOD BECAUSE HONESTLY I DON'T REMEMBER.
I DON'T REMEMBER MUCH OF ANYTHING THAT DAY.
THAT IS NOT REALLY MY TESTIMONY THERE.
I KNOW DURING THE COURSE OF THURSDAY AND FRIDAY I MOVED IT SEVERAL TIMES. AND WENT DOWN TO MY SON WHO LIVES ACROSS FROM CUMBERLANDS IN THOSE APARTMENTS.
AND UNLOADED ITEMS FOR HIM TO PUT IN HIS APARTMENT.
AND THEN I BROUGHT THE TRAILER BACK AND EACH TIME I PICKED THE SAME WEIGHT, BECAUSE THAT IS WHERE -- I PARKED THE SAME WAY BECAUSE THAT IS HOW I PARK. I DON'T HAVE THE PICTURE AND I AM NOT SURE THAT IS HOW HE SHOWED IT, BUT THE VERY FIRST PARKING SPACE. I DON'T KNOW IF YOUR HONOR HAS BEEN THERE, GO YOU GO DOWN THE STRETCH, TEN PARKING SPACES.
THE FIRST ONE IS WHERE MY CAR HAS BEEN PARKED FOR THREE YEARS AND NEVER TICKETED. I WILL ASK YOU BECAUSE YOU HAVE BEEN THERE FIVE MONTHS. YOU HAVE BEEN TICKETING REGULARLY AT THE PARKS SINCE THE TIME YOU CAME, RIGHT?
>> WE HAVE BEEN TICKETING IN THE AREA.
>> AGAIN, YOU HAVE NO IDEA HOW MANY TICKETS WERE ISSUE PRIOR TO THE TIME YOU CAME ON BOARD SOME TIME IN THE FALL OF 2021?
>> NO, I DON'T. >> WOULD IT BE SURPRISE YOU, SIR, IF THERE WERE FEW IF ANY TICKETS ISSUED IN THE PREVIOUS THREE YEARS SINCE YOU CAME ON BOARD?
I MEAN -- >> I ENTER THIS, YOUR HONOR, ONE OTHER PICTURE. I GOT TO FIND A COPY.
HERE WE GO. THAT IS FOR THE PROSECUTOR AND
THIS IS FOR THE JUDGE. >> THANK YOU.
HAVE YOU EVER SEEN THIS SIGN BEFORE?
>> YES. >> YOU DON'T REGULATE THE ALCOHOLIC BEVERAGES OR THE ANIMALS OR THE OVERNIGHT
PARKING, IS THAT CORRECT? >> THAT'S CORRECT.
>> THAT'S THE POLICE R IS THAT CORRECT.
ARE YOU SURPRISED -- YOU DON'T WORK AT NIGHT DOWN THERE?
>> NO. >> WOULD YOU BE SURPRISED MULTITUDE OF VEHICLES EVERY NIGHT PARKED OVERNIGHT AT THE
>> HERE IS MY POINT, YOUR HO HONOR.
WHEN I WAS IN LAW SCHOOL ALMOST A HALF A CENTURY AGO, ONE OF MY FIRST CLASSES, I LEARNED THE CONCEPT THAT I NEVER USED
[00:25:04]
BEFORE UNTIL NOW. AND, AGAIN, I AM NOT HERE AS A LAWYER. I AM NOT COMPETENT TO BE A LAWYER. I LOST MY PRACTICE WITH MY BRAIN INJURY. I AM JUST MAKING A POINT HERE.THE LAW SHOULD BE KNOWN OR KNOWABLE.
THAT IS THE PRINCIPLE OF LEGALITY.
AND THE POINT BEING HERE, I HAVE BEEN THERE THREE YEARS.
I HAVE SEEN DOGS EVERYWHERE. AND AGAIN I AM NOT AGAINST DOGS. I HAVE DOGS.
IT IS NOT REGULATED. THERE ARE -- THERE ARE SIGNS POSTED THAT THE LAW IS NOT ENFORCED.
THIS PARTICULAR PICTURE THAT HE INTRODUCED OF THE SIGN, THE TWO-HOUR PARKING SIGN IS NOT BEEN ENFORCED IN THE THREE YEARS I HAVE BEEN THERE OR IN THE FIVE YEARS THAT OTHER PEOPLE THAT LIVE -- THAT DON'T LIVE -- BUT WORK ON THE JETTY.
AND THAT -- I AM TELLING YOU THAT IT IS PROBABLY HEARSAY.
I DON'T KNOW WHAT THE RULES -- I COULD HAVE ASKED PEOPLE TO COME IN TODAY AND TESTIFY TO THAT.
I HAVE GOT THEIR NAMES. THEY WERE WILLING TO DO IT.
BUT IT WOULD HAVE COST THEM TIME AND MONEY AWAY FROM THEIR WORK. SO I DIDN'T.
BUT THAT IS THE FACT. AND I CAN TELL YOU NOW THAT ONE OF THEM IN PARTICULAR, THE MANAGER OF HURRICANE, GOT HIS FIRST TICKET IN FIVE YEARS IN OCTOBER OF THIS YEAR.
I CAN TELL YOU THAT TWO OF THE GENTLEMEN THAT WORK FOR ME, THAT WORK FOR ME, GOING IN MY HOUSE WHEN I AM NOT THERE TO DO THINGS, TWO DIFFERENT PEOPLE, ONE A HANDYMAN AND ONE AN AIR CONDITION PERSON, THEY BOTH GOT TICKETS UNBEKNOWNST TO ME IN EARLY OCTOBER. THIS TICKET I GOT WAS OCTOBER 29. I DIDN'T KNOW ABOUT IT UNTIL I GOT MY TICKET. AND THEN I CALLED THEM AND I ASKED, DID YOU HAPPEN TO GET A TICKET BECAUSE ONE WAS IN ALL DAY PARKED RIGHT THERE. WHY? BECAUSE TO CARRY THE AIR CONDITION EQUIPMENT INTO MY APARTMENT UPSTAIRS FROM THAT PARKING SPACE IS ABOUT, I WOULD GUESS, 35, 38, 40 FEET. IF I PARK OUT IN THE REST OF THE JETTY IT IS MUCH FARTHER, TWO TIMES, THREE TIMES THAT.
I COULD NOT HAVE LIFTED THE THINGS THINK THAT LIFTED THAT DAY. AND I WORKED ALL DAY THURSDAY AND ALL DAY FRIDAY. AND THAT VEHICLE DID MOVE.
I CANNOT TELL YOU HOW LONG -- I CAN'T REPRESENT SOMETHING THAT I CAN'T SWEAR TO. I DON'T KNOW IF I MOVED IT THAT MORNING, BUT I COULD HAVE. THE POINT BEING THIS GENTLEMAN CANNOT PROVE THAT I DIDN'T. IF I DIDN'T, I WOULD SUGGEST THAT SIGN THAT THE TWO HOURS STARTS ALL OVER AGAIN.
SO WHAT YOU GOT HERE -- BY WAY THE TWO GENTLEMEN THAT WORKED FOR ME, AS IT TURNS OUT, THEY DID NOT PROTEST THEIR TICKETS.
THE TICKET CITATION IS PRETTY STARK.
IT TELLS YOU LARGE FINES UP TO $500 AND COSTS, ETC., ETC.
EACH OF THESE PEOPLE I FOUND OUT -- I DID NOT KNOW BEFORE ALTHOUGH I MUST SAY I SUSP SUSPECTED, ARE -- ARE NOT CITIZENS. THEY WERE NOT ABOUT TO COME DOWN HERE AND PROTEST THEIR TICKETS.
I ENDED UP PAYING BOTH OF THEM. IT IS NOT RELEVANT, BUT I REIMBURSED THEM BECAUSE THEY DIDN'T KNOW EITHER.
THEY PARKED THERE BECAUSE THEY HAVE BEEN DOING BUSINESS WITH ME FOR YEARS AND THREE YEARS I LIVED AT THE JETTY THEY COME AND PARK IN THE SAME PLACE AND NEVER GOTTEN THE TICKET.
SIGNS ARE EVERYWHERE AND THE LAW SHOULD BE KNOWABLE, IF THEY ARE NOT ENFORCED, THE LAW IS NOT KNOWN OR KNOWABLE.
I WOULD SUBMIT IN THIS INSTANCE THIS PARKING VIOLATION THAT HAS NOTHING TO DO WITH THE MONEY. I DIDN'T DRIVE 750 MILES TO PROTEST A TICKET. I DROVE 750 MILES TO SAY THAT THE CITY OF FORT PIERCE ALWAYS COULD HAVE BEEN ENFORCING THESE LAWS. WHAT I AM SUGGESTING EVERY DAY DISCRETION IS USED THAT THEY DON'T ENFORCE THE LAW.
WHAT I AM ASKING HERE NOW IS TO CONSIDER A 69-YEAR-OLD BRAIN-DAMAGED MAN MOVING GOODS. I MOVED THAT TRUCK.
MY SON DROVE ME BACK TO SOUTH CAROLINA.
WE LEFT, I THINK, 4:30 A.M. SATURDAY MORNING SO I WAS THERE THURSDAY AFTERNOON AND I WAS THERE FRIDAY.
I GOT NO TICKET ON THURSDAY. I GOT ONE TICKET ON FRIDAY AND I WILL SAY THIS, I DID NOT IGNORE THE LAW.
I NEVER SAW THE TICKET UNTIL I GOT MY CAR AND THE TICKET WAS ON THERE.
RAINING -- I THREW IT IN THE CAR.
I DIDN'T KNOW WHAT IT WAS. I THOUGHT IT WAS AN ADVERTISEMENT. I WAS THAT UNAWARE THAT ANYBODY WAS GETTING TICKETED. SO LACK OF KNOWLEDGE WITH
[00:30:02]
LEGALITY. THE ETHICS, THE CONTEXT HERE SUGGEST IT WAS WORTH THE 750 MILES TO COME DOWN AND MAKE A POINT. THE CITY CAN ENFORCE ANY LAW IT WANTS, BUT THERE SHOULD BE SOME NOTICE.THERE SHOULD BE SOME IDEA THAT SIGNS THAT HAVE BEEN UP THERE FOR A LONG TIME ARE NOW GOING TO BE ENFORCED BECAUSE IT HAS HURT PEOPLE -- NOT ME. IT HAS HURT PEOPLE I KNOW.
AND I KNOW FROM HAVING GOTTEN INVOLVED WITH THIS, IT HAS HURT OTHER PEOPLE DOWN THERE. AND THAT IS NOT RIGHT.
THOSE CASES ARE NOW OVER. THIS IS A -- AS A MATTER OF FACT, WITH THE FINE, SO BE IT. BUT AT LEAST I MADE MY POINT THAT THERE WAS NO NOTICE THAT THE LAW WOULD BE VIOLATED AND I HONESTLY HAVE NO IDEA WHAT ELSE I COULD HAVE DONE THAT DAY OF MOVING IN AND OUT OF MY APARTMENT AT THE JETTY, 30 F FEET, AS OPPOSED TO PARKING 150 YARDS.
THAT IS MY CASE. >> MAGISTRATE: ANYTHING
FURTHER FROM THE CITY? >> JUST ARGUMENT, MA'AM.
QUITE FRANKLY, WE HEARD SEVERAL ADMISSIONS TO THIS VIOLATION AS WELL AS NUMEROUS VIOLATIONS. I KNOW THE SPECIAL MAGISTRATE A THAT IGNORANCE OF THE LAW IS NO DEFENSE OF THE LAW, AS WELL AS, STAFF HAS PUT UP THE POSTED T TWO-HOUR SIGN THAT IS VERY CLEARLY POSTED. THE FACT THAT THE RESPONDENT HAVEN'T BEEN TICKETED OR CAUGHT IN THE PAST FOR HIS VIOLATIONS DOES NOT GIVE HIM THE RIGHT TO CONTINUE TO VIOLATE OUR ORDINANCES. AT THIS POINT, THE CITY IS ASKING THAT YOU FIND HIM IN VIOLATION AND ASSESS THE $60 AS
REQUESTED BY THE CITY. >> CAN I HAVE ONE BRIEF REMARK?
>> MAGISTRATE: GO AHEAD. >> I WANT TO MAKE SURE IT IS CLEAR, I AM NOT JUSTIFYING PRIOR BREACHES OF THE LAW.
IT WAS NEVER A BREACH BECAUSE IT WAS NEVER ENFORCED.
SIGNS CAN SAY ANYTHING. YOU CAN PUT UP ANY SIGN -- I HAVE A FRIEND DOWN THE ROAD ON SEAWAY OCEAN DRIVE AND A PRIVATE DRIVE SIGN. THE CITY SAYS NOT A PRIVATE SIGN. NOT VALID.
YOU CAN PUT UP ANY SIGN YOU WANT BUT IF YOU DON'T ENFORCE IT, IT IS NOT THE LAW. IF YOU GO THREE YEARS AND PARK IN THE SAME PLACE EVERY DAY AND YOU ARE NEVER CITED, I AM SUGGESTING WITH YOU IT HAS NOT BEEN ENFORCED.
IT HAS NOT BEEN THE LAW. AND NO NOTICE THAT THE CITY HAS BEEN CHANGING WHAT IT WAS DOING FOR THREE YEARS.
I AM NOT SAYING -- I AM NOT SUGGESTING I HAVE AN EXCUSE, WHAT I AM SUGGESTING THAT THE CITY HAS EXERCISED DISCRETION FOR MANY YEARS NOW. THEY EXERCISE IT EVERY DAY WITH DOGS, WITH PEOPLE FISHING. THERE IS A SIGN.
PEOPLE FISHING. IT HAPPENS EVERY DAY.
THOSE LAWS ARE NOT ENFORCED. AND THAT IS DISCRETIONARY.
AND I AM FINE FOR THAT. BUT THIS IS AN AREA WHERE I AM ASKING THE COURT AND YOUR HONOR FOR DISCRETION HERE.
BECAUSE OF WHAT I WAS DOING WHILE I WAS DOING IT AND THE LACK OF NOTICE I HAD THAT THOSE SIGNS REALLY MEANT WHAT THEY SAID. THE CITY HAD THREE YEARS TO TEACH ME THAT LESSON. I CAN TELL YOU NOW, I AM NOT PARKING THERE AT ALL. I GOT THE MESSAGE.
PAYING A TICKET OR NOT PAYING A TICKET.
I NEVER GOT IT IN THREE YEARS. IF YOU DON'T DO SOMETHING FOR THREE YEARS, THEN THE LAW BECOMES DE FACTO, WHAT IS ENFORCED, NOT WHAT THE SIGN SAYS.
>> MAGISTRATE: ANYTHING FURTHER?
>> NO MA'AM. >> MAGISTRATE: I FIND BASED ON THE EVIDENCE AND TESTIMONY PRESENTED THERE WAS A PARKING VIOLATION, WHY OVER TIME PARKING AT THE SAID LOCATION AND I WILL FINE YOU $50 FOR THE TICKET AND $10 ADMINISTRATIVE FEE FOR A TOTAL OF $60. HOW MUCH TIME DO YOU NEED TO
PAY THE TICKET. >> TELL ME WHERE I PAY THE
TICKET. >> DO YOU WISH TO PAY TODAY?
>> THANK YOU, YOUR HONOR FOR AT LEAST HEARING ME.
>> MAGISTRATE: I CAN TELL YOU THIS.
I WORKED DOWN HERE FOR 30-PLUS YEARS, AND THEN THE CITY HAS ALWAYS ENFORCED PARKING. LAST MONTH, I GOT TWO PARKING CITATIONS, AND I PAID THEM. YEARS AGO I WORKED AT THE PUBLIC DEFENDER'S OFFICE AND WOULD ROTATE THE CARS.
HEY, THE TICKET LADY IS OUT THERE AND ROTATED THE CARS BECAUSE WE KNEW WE WERE IN VIOLATION.
THE CITY HAS ENFORCED PARKING. >> LET ME JUST ASK -- I KNOW THE CASE IS OVER. YOUR HONOR, ARE YOU FAMILIAR WHAT HAPPENS AT NIGHT WITH THE JETTY HAD WITH RESPECT TO
DRINKING THE PARK AND -- >> MAGISTRATE: SIR, I TRY NOT
TO BE OUT AT NIGHT. >> I HAVE TO BE, LIKE I SAID,
[00:35:01]
>> AND THE SCOOTERS AND EVERYTHING ELSE DOWN THERE IS
NOT ENFORCED. >> MAGISTRATE: YOU SHOULD COMPLAIN TO THE POLICE DEPARTMENT.
>> I MADE MY RECORD NOW. IT'S ON TV.
[A. 20-1941 CE 3101 Tennessee Ave Randy L. & Rebecca L. Stotler Peggy Arraiz]
>> MAGISTRATE: GOOD LUCK. NEXT CASE MADAM CLERK.
>> 21-1941, 3114 TENNESSEE AVENUE RANDY L. AND REBECCA L.
SITLER. >> 13 MR. STOTLER, GIVE YOUR
NAME AND IF YOU HAVE BEEN WORN. >> MY NAME IS RANDY STOTLER, I
LIVE AT 3101 TENNESSEE AVENUE. >> HAVE YOU BEEN SWORN IN? HAVE YOU BEEN SWORN IN THIS MORNING? YES, HE WAS. I SAW HIM.
I JUST WANTED TO MAKE SURE. >> YES, MA'AM.
>> SPECIAL MAGISTRATE, CASE 20-1941, 3101 TENNESSEE AVENUE FOR MR. RANDY AND REBECCA STOTLER.
CASE SEPTEMBER 2020 AND BEFORE YOU FOR A MASSEY HEARINGS.
24-19, 24-20, 24-2110 D, NUISANCE AS AN OBJECT, NONOPERABLE VEHICLES. SECTION 24-169, 24-20, 24-21, SUBSECTIONS 1 AND 5, NUISANCE AS AN OBJECT OUTSIDE STORAGE.
APRIL 7, 2021, FOUND THE OWNER IN VIOLATION AND PROVIDED 30 DAYS TO COMPLY OR FINED $50 MAY 21, EXTENSION WAS GRANTED AND IN JULY FINES WERE INITIATED DUE TO NONCOMPLIANCE.
A MASSEY NOTICE AND THEY RESPONDED IN WRITING REQUESTING A HEARINGTHE FIRST MASSEY HEARING ON OBJECT 6, 2021.
AT THAT TIME THE PROPERTY WAS NOT IN COMPLIANCE SO THE SPECIAL MAGISTRATE CONTINUED THE MATTER UNTIL DECEMBER.
IT WAS STILL NOT IN COMPLIANCE. SOME WORK WAS DONE AND IT WAS CONTINUED TO JANUARY 19, ULTIMATELY RESULTING IN TODAY'S HEARING ON THE SECOND. WE ARE VERY HAPPY TO SAY THAT AS OF YESTERDAY AN INSPECTION WAS COMPLETED AND THE PROPERTY IS IN COMPLIANCE. AND WE DO HAVE PHOTOS TO PRESENT FOR THAT. AND I AM GOING TO PUT -- SHOW WILL STOTLER AND I WILL PUT THEM UP ON THE SCREEN.
JUST THE TOP PHOTO SHOWING THE CURRENT CONDITION.
>> DO YOU WANT TO MOVE THEM INTO EVIDENCE?
>> WE WOULD. >> CHAD, DID YOU UPLOAD THE PHOTOS? THAT'S OKAY.
SO THE TOP PHOTO IS MR. STOTLER SHOWING HOW YOU CLEANED THE PROPERTY UP THE TOP PHOTOS AND THAT IS WHAT WE ARE SHOWING THE SPECIAL MAGISTRATE, THE CHANGE IN STATUS.
>> SPECIAL MAGISTRATE, THE PACKET OF PHOTOS WHAT YOU ARE SEEN PRIOR AND WHAT WAS TAKEN YESTERDAY.
THE NEWEST PHOTOS ARE ON TOP. >> SPECIAL MAGISTRATE, WE
SUBMIT AS COMPOSITE 1. >> IT WILL BE ADMITTED AS SUCH.
THEY DID A GOOD JOB OF CLEANING IT UP.
I DO REMEMBER THE CASE. >> I FINALLY GOT ON IT.
SPECIAL MAGISTRATE, FOR THE RECORD, WE DO NEED TO REVIEW THE THREE CRITERIA UNDER THE RULES OF PROCEDURE WHICH IS THE GRAVITY AND SERIOUS OF THE VIOLATION.
WE WILL CALL MODERATE. NOT QUITE SERIOUS BECAUSE NO LIFE, HEALTH, SAFETY ISSUES AND A LOT WORK THAT NEEDED TO BE DONE. ANY AND ALL ACTIONS TAKEN BY THE VIOLATOR. THE FENCE IS PREPARED.
THE VEHICLES REMOVED AND THE YARD CLEANED UP.
OUTDOOR STORAGE WAS REMOVED AND ANY PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR, THERE ARE NONE.
WE NEED TO REVIEW THE ADMINISTRATION FEES FOR THIS
[00:40:01]
PROPERTY. THE TOTAL AMOUNT OF ADMINISTRATION FEES ARE JUST UNDER $2,000.AND THE TOTAL AMOUNTS OF THE FINES ARE AT $9400 -- $9 440 FOR THE AMOUNT OF THE FINES. THIS DOES INCLUDE THE TIME THAT THE PROPERTY WAS IN VIOLATION, WHICH IS ABOUT 16 MONTHS.
STAFF WOULD RECOMMEND FOR THE ADMINISTRATION FINES -- THE ADMINISTRATION COSTS TO BE ROUNDED DOWN TO ABOUT $1500.
TAKING INTO CONSIDERATION THE AMOUNT OF WORK THAT MR. AND MRS. STOTLER DID TO THE PROPERTY.
THERE WAS A SIGNIFICANT AMOUNT OF WORK THAT THEY DID.
SO STAFF IS RECOMMENDING REDUCING THE FINE TO $1500.
>> MAGISTRATE: MR. STOTLER, DID YOU HEAR WHAT THE STATE -- WHAT THE CITY RECOMMENDED? THE AMOUNT OF THE FINE BE REDUCED TO $1500? DO YOU AGREE WITH THAT OR NOT?
>> IT'S A LOT, BUT -- I DON'T HAVE IT TODAY.
>> MAGISTRATE: YOU CAN SET UP A PAYMENT PLAN.
ARE YOU WILLING TO DO THAT? >> LIKE A WHAT?
>> MAGISTRATE: A PAYMENT PLAN. >> MAYBE, YEAH.
YEAH. >> SPECIAL MAGISTRATE, BECAUSE WE ARE AWARE OF MR. AND MRS. STOTLER'S CIRCUMSTANCES, STAFF WOULD RECOMMEND $1500 BE PAYABLE IN 12 MONTHS.
>> MAGISTRATE: DID YOU HEAR THAT, MR. STOTLER.
>> YES. >> MAGISTRATE: CAN YOU DO T
>> MAGISTRATE: ARE YOU AGREEING TO THE CITY TO THE $ $1500 REDUCTION? AS OPPOSED TO THE -- TO THE $ $9440. IS THAT A YES?
>> YES. >> MAGISTRATE: ALL RIGHT, BASED ON THE AGREEMENT BETWEEN THE PARTIES, I WILL REDUCE THE FINE TO $1500. YOU HAVE 12 MONTHS TO PAY.
DOES THIS -- DOES THIS HAVE TO GO BEFORE --
>> THIS IS A MASSEY HEAR. NO LIEN ON THE PROPERTY AND THE DECISION IS THE SPECIAL MAGISTRATE.
CLARIFICATION IF IT IS NOT PAID IN THE 12 MONTHS, WHAT HAPPENS?
>> MAGISTRATE: IF YOU DON'T PAY THE AMOUNT THAT YOU AGREED TO $1500 IN 12 MONTHS, THIS WILL RESORT BACK -- IT WILL GO BACK TO THE ORIGINAL AMOUNT THAT THE CITY WAS SEEKING OF $9440. DO YOU UNDERSTAND IS THAT?
>> YES, MA'AM. >> MAGISTRATE: OKAY.
>> MAGISTRATE: ALL RIGHT, THANK YOU.
[B. 21-0937 CE 1402 Avenue J V M Dixon II Peggy Arraiz]
>> YOU ARE WELCOME. >> OUR NEXT CASE IS 1-0937, 1 1402 AVENUE J. VM DIXON II.
SPECIAL MAGISTRATE I WILL BE PRESENTING THIS ONE AS WELL.
>> GOOD MORNING. I WAS SWORN IN.
SPECIAL MAGISTRATE, CASE 21 21-0937, 1402 AVENUE J OWNED BY MR. DIXON. CASE INITIATED APRIL 30, 2021 AND BEFORE YOU TODAY ALSO FOR A MASSEY HEARING.
THERE IS NO LIEN. THE SECTIONS IN VIOLATION WERE 24-19, 24-20, 24-21 SUBSECTIONS 1 AND 5, NUISANCE AS AN OBJECT OUTSIDE STORAGE. SECTION 24-19, 24-20, 24-21 SUBSECTIONS 11, NUISANCE AS AN OBJECT OUTSIDE STORAGE AND SECTION 24-19, 24-21, SUBSECTIONS 4 NOW IS A SANS OF ON BE A PARKING. SPECIAL MAGISTRATE PELLETIER FOUND THE OWNERS IN VIOLATION PROVIDED 10 DAYS TO FLY TO FIND $250. AUGUST 7, 2021 EXTENSION OF TIME GRANTED FOR TEN DAYS. OCTOBER 6, 2021, AFFIDAVIT OF NONCOMPLIANCE. AND DECEMBER 17, THE PROPERTY WAS PUT IN COMPLIANCE AND THE FINES WERE STOPPED.
JANUARY 4, 2021. REDUCTION REQUEST RECEIVED.
[00:45:05]
AND THE TOTAL BALANCE IS $1 $18,030.AND WE NEED TO REVIEW THE MASSEY CRITERIA.
AND I HAVE PHOTOS. I APOLOGIZE.
WE ARE JUST GOING TO SUBMIT TWO PHOTOS OF A BEFORE AND AFTER FOR YOUR REVIEW. MANAGE MAGISTRATE OKAY.
>> SHOW MR. DIXON. WHILE HE IS REVIEWING THAT REVIEW THE CRITERIA. GRAVITY -- IT WAS MINOR.
OUTSIDE STORAGE THAT THE TENANT HAD PUT OUTSIDE AND ANY ACTIONS THAT WERE TAKEN, THE ITEMS REMOVED FROM THE YARD AND THE CARPORT -- OR THE PORCH. WE ONLY HAVE ONE BELIEVE
VIOLATION ON RECORD. >> MAGISTRATE: OKAY.
>> JUST FOR RECORD PURPOSES, THE CITY WILL SEEK TO MOVE THE PHOTOGRAPHS IN AS COMPOSITE EXHIBIT 1.
>> MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
>> I APOLOGIZE THAT CASE DID NOT GET THIS ONE AND THE CASE BEFORE TO GET THE PHOTOS UPLOADED.
STAFF WAS NOT HERE YESTERDAY. WE APOLOGIZE FOR THAT.
WE JUST HAVE THE PHOTOS. REAL QUICK, THE ADMINISTRATION FEES -- LET ME MAKE IT LARGER. THE ADMINISTRATION FEES CAME TO 1060. HOWEVER THE FINE.
A LITTLE MORE SIGNIFICANT IN THIS CASE.
THE FINE IS $18,000 FROM THE -- IT WAS A LARGER FINE THAT WAS IMPOSED OF $250. THE FINES ACCUMULATED A LITTLE MORE. BASED ON THE AMOUNTS OF FINES AND THE ADMINISTRATION COSTS AND STAFF IS RECOMMENDING
REDUCING THIS TO $2,000. >> MAGISTRATE: ANYTHING
>> MAGISTRATE: MR. DIXON, HOW DO YOU RESPOND TO THE CITY'S
REQUEST. >> I THINK THAT AN EXCESSIVE AMOUNT BECAUSE THERE WAS JUST A LACK OF COMMUNICATION.
WHEN I FIRST MET WITH MISS HEATHER AT THE PROPERTY AND THE TENANT, I WAS UNDER THE ASSUMPTION THAT EVERYTHING WAS TAKEN CARE OF, BECAUSE I WAS PERMITSED TO LEAVE -- THAT THEY WERE GOING TO WORK IT OUT. I DIDN'T LEARN UNTIL LATER WHEN I GOT THE LETTER FOR THE FINE THAT IT HAVEN'T BEEN TAKEN CARE OF. AND I JUST THINK IT IS A LACK OF COMMUNICATION BECAUSE I WOULD HAVE DONE SOMETHING WAY BEFORE THIS AMOUNT OF TIME BECAUSE WHEN I WAS OFFERED ADDITIONAL TIME, I DIDN'T EVEN ACCEPT IT.
BUT DUE TO A LACK OF COMMUNICATION, IT WENT LONGER
THAN IT SHOULD HAVE GONE. >> MAGISTRATE: THIS PROPERTY
WAS OCCUPIED BY A TENANT? >> YES.
AND THREE OF US WERE PRESENT THIS MORNING WHEN SHE CAME OUT.
AND I DON'T REMEMBER EXACTLY WHAT WAS THE REASON WHY I NEEDED TO LEAVE, BUT I WAS PERMITTED -- GRANTED PERMISSION TO LEAVE. AND THE TENANT AND MISS HEATHER WAS GOING TO WORK IT OUT.
I DIDN'T KNOW THEY DIDN'T WORK IT OUT UNTIL LATER, MUCH LATER.
JUST A LACK OF COMMUNICATION THAT SOMETHING WASN'T DONE.
>> MAGISTRATE: YOU DIDN'T GO BACK AND LOOK AT THE PROPERTY TO SEE IF THE TENANT HAD CLEANED IT UP OR CLEARED IT UP?
>> NO, I DID NOT GO BACK AFTER I WAS TOLD THAT -- THEY SPOKE AND THEY WERE THERE AND THY WOULD WORK IT OUT.
BUT -- NO, I DID NOT GO BACK. >> MAGISTRATE: THE ORIGINAL
AMOUNT WAS 18,030. >> YES, MA'AM.
[00:50:10]
>> MAGISTRATE: WHAT ARE YOU ASKING ME TO DO, MR. DIXON?
>> I DON'T HAVE A PROBLEM WITH PAYING SOMETHING BUT $2,000 IS STILL EXCESSIVE. NOT LIKE WE MAKE THAT KIND OF MONEY OFF OF THAT PROPERTY. I DON'T -- I DON'T HAVE A PROBLEM WITH PAYING SOMETHING, BUT THAT IS EXCESSIVE.
>> MAGISTRATE: WHAT AMOUNT DO YOU THINK IS FAIR?
>> I DON'T KNOW WHAT THE EXPENSES ARE FOR THE PERSON COMING OUT AND COMING BACK. WHATEVER THOSE EXPENSES AMOUNT TO, I WILL BE IN AGREEANCE OF PAYING THAT.
>> MR. DIXON, CAN YOU SEE THE CALL SHEET THAT IS ON THE
COMPUTER IN FRONT OF YOU? >> OKAY -- I DON'T SEE IT.
>> LET ME REDUCE -- LET ME SEE IF I CAN -- HERE WE GO.
SO YOU CAN SEE THE WHOLE PAGE. >> TOTALLED $1060.60.
I THINK THERE ARE FAULT ON BOTH SIDES.
I WILL BE WILLING TO PAY HALF OF THAT.
IF YOU ALL WILL BE IN AGREEANCE WITH IT.
>> MAGISTRATE: IT WAS $18,030. >> BECAUSE OF THE -- BECAUSE OF THE LACK OF COMMUNICATION BETWEEN MISS HEATHER AND MY M MISUNDERSTANDING THAT THINGS WILL BE DONE.
I THINK WE BOTH HAVE SOME FAULT HERE MAYBE I HAVE MORE, BUT WE BOTH HAVE SOME FAULT. AND WHEN IT WAS FINALIZED, I DIDN'T GET NOTHING SAYING THAT IT WAS FINALIZED THAT EVERYTHING WAS IN COMPLIANCE. YOU KNOW I HAD TO FIND MISS HEATHER BECAUSE THE TENANT TOLD ME IT WAS IN COMPLIANCE.
I FOUND MISS HEATHER AND SHE TOLD ME IT WAS IN COMPLIANCE.
I GOT NOTHING FROM THE CITY STATING IT WAS IN COMPLIANCE OR
NOT IN COMPLIANCE. >> MAGISTRATE: YOU DIDN'T GET AN ORDER FROM SPECIAL MAGISTRATE PELLETIER STATING THAT THE PROPERTY WAS THIS VIOLATION AND YOU HAD TEN DAYS TO COMPLY OR YOU WERE GOING TO BE FINED $250 PER DAY?
>> I DIDN'T GET NOTHING. >> MAGISTRATE: DO YOU HAVE A
RECORD OF THAT? >> YES, MA'AM, WE HAVE A COPY OF THE ORDER THAT WAS MAILED THAT ADVISED $250 A DAY.
THEN WE HAVE THE LETTER THAT I SENT ON OCTOBER 27 ADVISING THAT BECAUSE IT CONTINUES TO BE IN VIOLATION, IT IS ACCRUING AT $250 A DAY. AND A LETTER DATED DECEMBER 21 THAT SAYS THE PROPERTY IS IN COMPLIANCE AND THE TIME TO APPEAL HAS EXPIRED; HOWEVER, WE CHOSE TO GRANT AN ADDITIONAL MASSEY PERIOD OUTSIDE OF THE ORIGINAL MASSEY PERIOD AS A COURTESY. WHICH IS WHY WE ARE HERE TODAY BECAUSE THE APPEAL TIME HAD ACTUALLY EXPIRED, BUT WE CHOSE TO GRANT AN ADDITIONAL APPEAL WINDOW.
>> I GOT THIS ONE. YOU ARE SAYING YOU SENT ME THIS
I NEVER GOT IT. OCTOBER 27 -- I AM NOT SURE
[00:55:04]
OF. THIS ONE I DIDN'T GET.THIS GOT -- I GOT THIS ONE. THAT IS WHY IT GOT MY ATTE
ATTENTION. >> DID ALL THE LETTER HAVE THE
IT IS A PO BOX. >> SPECIAL MAGISTRATE, I PUT THESE IN ORDER OF LATEST AND TIMED MOST CURRENT.
>> ALL THESE HAVE YOUR P. O. BOX ON IT.
>> THE P. O. BOX ADDRESS IS CORRECT; HOWEVER, IF THEY WEREN'T PUT IN THE BOX BY THE POSTAL SERVICE, THERE IS NOTHING I CAN DO ABOUT THAT. I DIDN'T RECEIVE IT.
>> SPECIAL MAGISTRATE, I HAVE NO RETURNED MAIL OF UNCLAIMED, UNDEDEFERRABLE OR ANYTHING LIKE THAT.
ALL NOTICES TO THE BEST OF OUR KNOWLEDGE HAVE BEEN DELIVERED BECAUSE NOTHING HAS BEEN RETURNED.
>> IF I CAN CLARIFY WITH MR. DIXON, WHICH ARE THE ONES YOU
RECALL RECEIVING. >> I HAVE THE ONE -- I GOT THE ONE ON THE -- THE 13TH OF '22. I HAVE THE ONE -- I HAVE THE ORIGINAL ONE ON MAY 14. AND ANOTHER ONE -- BUT IT DOESN'T -- YES IT DOES, THE 21ST.
>> SO YOU HAVE THE DECEMBER 21 LETTER?
>> YES. >> YOU HAVE THE OCTOBER 27,
>> DO YOU HAVE THE ORGINAL ORDER?
>> THE ORIGINAL ORDER BACK IN MAY, YES.
>> JULY 22, 2021 IS WHEN THAT ONE WAS DATED.
IT LOOKS LIKE THIS. >> I DON'T HAVE IS THAT.
>> WERE YOU PRESENT AT THE HEARING WHERE THEY FOUND THE
>> YOU NEW VIOLATION EXISTED? >> YES.
>> ANYTHING FURTHER COUNSELOR. >> NO, SPECIAL MAGISTRATE.
I BELIEVE WE STILL ABIDE BY THE $2,000.
>> MAGISTRATE: ANYTHING FURTHER, MR. DIXON?
>> EXCUSE ME. >> MAGISTRATE: ANYTHING
FURTHER. >> WHATEVER YOU CHOOSE TO DO, I
WILL HAVE TO ABIDE BY IT. >> MAGISTRATE: ALL RIGHT, BASED ON THE TESTIMONY AND EVIDENCE PRESENTED, I WILL REDUCE THE FINE FROM $18,030 TO $1830.
ANYTHING FURTHER? >> I WILL JUST SAY, YES, SPECIAL MAGISTRATE. TWO ITEMS. AMOUNT OF TIME PAID AND WHAT HAPPENS IF NOT PAID.
>> MAGISTRATE: HOW MUCH TIME DO YOU NEED TO PAY THIS?
>> AS MUCH TIME AS YOU GIVE ME. >> MAGISTRATE: I CAN GIVE YOU
A YEAR, IF YOU WOULD LIKE. >> I WILL TAKE A YEAR.
>> MAGISTRATE: I HAVE TO ADVISE YOU, IF YOU DON'T PAY THAT AMOUNT WITHIN A 12-MONTH PERIOD THAN IT REVERTS BACK -- IT REVERTS BACK TO THE ORIGINAL OF $18,030.
>> OKAY. >> MAGISTRATE: YOU NEED 12
>> MAGISTRATE: ALL RIGHT. THANK YOU.
>> SPECIAL MAGISTRATE, IF I CAN JUMP IN.
WE JUST RECEIVED -- IT WILL COMING IN WRITING, YES.
YES. WE JUST RECEIVED NOTICE FROM MR. RANDOLPH THAT HE IS UNABLE TO ATTEND TODAY AND ASKED TO BE
RESCHEDULED. >> MAGISTRATE: I KNOW MR.
[01:00:01]
RANDOLPH. I HAVE DONE WORK WITH HIM SO I>> MAGISTRATE: YES. THANK YOU.
>> WE HAVE ANOTHER PRESENT -- >> WE HAVE TWO MORE.
>> OKAY. >> I BELIEVE -- WE HAVE TWO MORE THAT ARE PRESENT. WE CAN JUMP TO 5 E.
[E. 21-1688 CE 221 Osceola Avenue Karen Carroll Heather Debevec]
>> NEXT CASE 21-1688, 221 OSCEOLA AVENUE, KAREN CARROLL.
PLEASE STATE YOUR NAMES AT THE PODIUM AND ADVISE IF YOU GUYS
HAVE BEEN SWORN IN, PLEASE. >> MY NAME IS KAREN CARROLL,
AND I HAVEN'T BEEN SWORN IN. >> OKAY.
PLEASE RAISE YOUR RIGHT HAND. STATE YOUR NAME FOR THE RECORD
ONE MORE TIME. >> CAIRN CARROLL.
>> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE
>> OKAY. CAN I SWEAR IN THE PERSON NEXT
>> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO
GIVE WILL BE THE TRUTH? >> YES.
>> THANK YOU. >> MAGISTRATE: ARE WE READY?
>> GOOD MORNING, SPECIAL MAGISTRATE.
MY NAME IS HEATHER, CITY OF FORT PIERCE.
HEATHER DEBEVEC. CASE NUMBER 21-1688.
221 OSCEOLA AVENUE OWNED BY KAREN CARROLL.
THE CASE INITIATED JULY 27, 2021 FOR IPMC 304.13 WINDOW, SKYLIGHT AND DOOR FRAMES. ASKED TO REPAIR OR REPLACE THE GLASS TO THE BROKEN WINDOW IN FRONT OF THE DRIVEWAY.
THE CITY REQUESTS THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THE VIOLATOR WILL BE GIVEN 10 DAYS TO COMPLY FOR A FINE OF $100 A DAY. I TALK TO MISS CARROLL AND SHE HAS THE GLASS TOO PUT IN THE WINDOW.
I WILL LET HER SPEAK ON THAT. I HAVE PHOTOS THAT WAS NOT REVIEWED BY MISS CARROLL AS OF YET.
>> I WAS GOING TO TRY TO PUT A NEW WINDOW IN.
JUST A WHOLE NEW WINDOW, LIKE A DOME THING IN THE FRONT, BUT I DIDN'T KNOW IF I NEEDED A PERMIT OR NOT.
I WILL FIND OUT. IF NOT I WILL PUT THE ORIGINAL GLASS IN THERE. WORRIED ABOUT THE WINDOW.
>> SPECIAL MAGISTRATE, JUST REPLACING THE GLASS AND NOT THE FRAME, THEY DO NOT REQUIRE A PERMIT.
JUST THE GLASS. IF YOU ARE JUST REPLACING THE GLASS, YOU ARE NOT REQUIRED TO HAVE A PERMIT.
>> WHAT IF I WANT TO PUT A WHOLE NEW WINDOW IN?
>> THE WHOLE NEW WINDOW REQUIRES A PERMIT.
>> CHEAPER JUST TO DO THE GLASS, CORRECT?
>> OKAY. I WILL PROBABLY JUST REPLACE
THE GLASS. >> NO PERMITS REQUIRED FOR JUST
REPLACING THE GLASS. >> MAGISTRATE: YOU SAY YOU
HAVE THE GLASS? >> BECAUSE OF FINANCES CAN WE GET A LITTLE MORE TIME. THEY WANT A FEW DOLLARS TO GET THE GLASS CUT AND THAT GOOD STUFF.
>> MAGISTRATE: HOW MUCH TIME DO YOU NEED?
>> FOUR WEEKS, IS THAT TOO MUCH TIME, IS THAT OKAY?
>> MAGISTRATE: I WILL TAKE YOU -- I WILL CONTINUE THIS FOR A MONTH TO HAVE YOU ALL TIME TO GET THE GLASS.
IF YOU GET THE GLASS AND REPLACE, YOU WON'T HAVE TO COME
BACK, BUT -- >> DO WE NEED TO TAKE PICTURES
AND SEND THEM? >> GET IN TOUCH WITH MISS
>> MAGISTRATE: AND GET IT DONE, AND HOPEFULLY THIS WILL
>> THANK YOU. >> MAGISTRATE: YOU ARE WELCOME. GOOD LUCK.
>> HEATHER, THEY WEREN'T SUBMITTED.
SPECIAL MAGISTRATE, THIS ONE WILL BE DIRECTED BY MYSELF, BY ME. 10 A.
DOWN, DOWN. OLD BUSINESS, DOWN, DOWN.
[A. 19-2958 CE 2203 Orange Avenue Toivorentals LLC Peggy Arraiz]
CASE IS 19-2958, 2203 ORANGE AVENUE, TOIVORENTALS LLC.>> SPECIAL MAGISTRATE, THIS IS BEFORE YOU FOR A REQUEST TO
[01:05:04]
AMEND 2203 ORANGE AVENUE, OWNED BY TOVORENTALS LLC.MULTIPLE VIOLATIONS LISTED IN ORIGINAL VIOLATION, 16-46, 16-47 AND 48 FOR OUTSIDE STORAGE.
22187 SUBSECTIONS 13 FOR LANDSCAPE MAINTENANCE.
IPMC 302.7 ACCESSORY STRU STRUCTURES.
IPMC 304.2, PROTECTIVE TREATMENT.
IPMC 304.6, EX--OR 2 I DON'T REMEMBER WALLS.
AND IPMC 304.13, SKYLIGHT AND DOOR FRAMES.
I HAVE CURRENT PHOTOS TO GIVE YOU.
THE REASON WE ARE ASKING AN A.M. TO THE ORIGINAL ORDER IS BECAUSE THIS PROPERTY IS UNDER CONTRACT WITH THE SHERIFF'S DEPARTMENT. GOING TO BE PURCHASING THIS PROPERTY AND TURNING IT INTO A RECREATION CENTER.
EXTENSIVE WORK HAS ALREADY BEEN DONE, BUT IN ORDER TO FACILITATE THE CLOSING AND MOVE FORWARD WITH THIS PROPERTY, WE ARE ASKING THAT THE ORDER BE AMENDED TO REMOVE THE ACCESSORY STRUCTURES, PROTECTIVE TREATMENT, AND SKYLIGHTS AND DOOR FRAMES. SO WE CAN APPLY THE CASE AND MOVE FORWARD WITH THIS. WE ARE GOING TO SHOW YOU A SET OF PHOTOS EXPLAINING THE EXTENT OF WORK ALREADY DONE.
THERE WAS A LOT OF WORK AT THIS LOCATION.
AND WE FEEL THAT -- WE FEEL IT IS WORTHY -- IT IS WORTHY OF CONSIDERATION TO HAVE THIS ORDER AMENDED AND CLOSE THIS
AND FACILITATE THE TRANSFER. >> THE CITY WILL MOVE AS
COMPOSITE 1, THE PHOTOGRAPHS. >> MAGISTRATE: IT WILL BE ADMITTED AS SUCH. AND YOU ARE RECOMMENDING THAT I
REMOVE. >> IP MC 302.7, ACCESSORY STRUCTURES. IPMC 304.2, PROTECTIVE TREATMENT. IPMC 304.6, EXTERIOR WALLS.
IPMC, 304.13, SKYLIGHT AND DOOR FRAMES.
AND THE BUILDING THAT IS PART OF THE VIOLATION WILL BE DEMOLISHED ONCE THE TRANSFER IS DONE.
BUT THE CLEAN-UP THAT COULD BE DONE HAS ALREADY BEEN DONE.
>> MAGISTRATE: ANYTHING FURTHER?
>> NO MA'AM. >> MAGISTRATE: SIR, STATE YOUR NAME. I DON'T BELIEVE HE WAS SWORN
IN, MA'AM. >> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> YES, I DO. >> MAGISTRATE: ANYTHING YOU WOULD LIKE TO SAY? YOU DON'T HAVE TO.
>> I AM SORRY? >> MAGISTRATE: ANYTHING THAT YOU WOULD LIKE TO, YOU DON'T HAVE TO SAY ANYTHING.
>> ONLY THAT -- I HAVE DONE EVERYTHING THAT I CAN SO FAR AND APPLIED TO -- TO GET -- TO REMOVE THAT SHED THAT IS ON THE SIDE OF THE BUILDING THAT IS FALLING APART.
I AM STILL WAITING FOR APPROVAL FROM THE CITY TO GET IT DONE.
>> MAGISTRATE: OKAY. ANYTHING FURTHER? AND BASED ON THE RCOMMENDATIONS OF THE CITY, I WILL AMEND THE PREVIOUS ORDER TO REMOVE -- REMOVE THE REQUEST FOR VIOLATION BY ACCESSORY STRUCTURE FOR THE PROTECTIVE TREATMENT AND SKYLIGHT AND DOOR FRAMES.
OTHER THAN THAT, EVERYTHING ELSE REMAINS IN FULL EFFECT.
GOOD LUCK. >> HAVING A HARD TIME UNDERSTANDING WHAT YOU ARE SAYING WITH THE MASK ON.
>> MAGISTRATE: OKAY. DID YOU UNDERSTAND WHAT THE STATE IS ASKING? WHAT THE CITY IS ASKING?
>> NO. THERE WAS A PROTECTIVE TREATMENT AND THEN SOMETHING ABOUT THE DOOR FRAME, BUT --
>> MR. MAGISTRATE, IF I MAY. WE ARE AMENDING THE ORIGINAL ORDER, OKAY, TO REMOVE THE ITEMS THAT CANNOT BE COMPLIED RIGHT AWAY SO WE CAN COMPLY THE CASE SO THAT THE PROPERTY CAN
>> OKAY. SO ONCE ITS ORDER IS AMENDED, WE WILL BE ACTUALLY COMPLY THE CASE AND STOP THE FINES AND WE CAN GET THAT ADDRESSED. AND WE CAN, YOU KNOW -- SO THAT THE CAN TAKE OVER THAT LOC LOCATION.
-- THE SHERIFF'S DEPARTMENT CAN TAKE OVER THAT LOCATION.
>> WHEN CAN I EXPECT A PERMIT TO TAKE DOWN THE SHED?
[01:10:05]
I AMIND FOR QUITE A WHILE AGO AND I HAVE NOT HEARD.>> WE CAN PUT AN INQUIRY AND THAT IS THROUGH THE BUILDING DEPARTMENT. I CAN SHOOT THEM AN E-MAIL AND ASKED. WE ACTUALLY JUST SENT AN E-
E-MAIL. >> MAGISTRATE: AND THE CITY'S REQUEST TO AMEND THE ORDER I GRANT IT TO REFLECT WHAT HAS
JUST BEEN STATED. >> THANK YOU.
>> MAGISTRATE: GOOD LUCK. >> THANK YOU, SPECIAL
MAGISTRATE. >> MAGISTRATE: YOU ARE WEL WELCOME. ANYTHING FURTHER?
>> WE ARE SORRY 1 OR 0 OR THE AREA CODE SHOULD NOT BE DIALED.
>> HELLO? >> HI, IS THERE -- THERE MISS
OSBY OR LOIS OSBY. >> NO, YOU HAVE THE WRONG
>> THAT IS THE NUMBER WE HAVE ON FILE?
>> I HAVE 772-204-4040. IS THAT THE NUMBER YOU HAVE THERE FROM THE DECEMBER 15 AGENDA PAGE?
>> THAT IS WHAT YOU HAVE IN YOUR NOTES -- BUT WASN'T IT A DIFFERENT LADY'S NAME OR SOMETHING?
>> LOUISE OSBY -- I THOUGHT TERE WAS ANOTHER LADY, ALICIA?
>> SO DO YOU WANT ME TO ASK FOR ALICIA.
THAT IS WHAT HER NAME WAS AND E-MAILING BY REMEMBER CORR
CORRECTLY. >> OKAY, LET'S TRY AGAIN.
>> HELLO? >> IS THIS IS THE CITY OF FORT PIERCE. I AM CALLING FOR A SPECIAL MAGISTRATE HEARING THIS MOR MORNING.
OKAY. SO ARE YOU THE PERSON THAT IS GOING TO BE APPEARING FOR THIS CASE?
>> WHAT IS THIS CASE ABOUT, MA'AM?
>> FOR 1912 AVENUE M. >> YES, YES, YES, YES.
>> MAY I HAVE YOUR NAME PLEASE. >> WILLIE JOHNSON.
>> WILLIE JOHNSON, OKAY. I AM GOING TO GO AND SWEAR YOU
>> PLEASE RAISE YOUR RIGHT H HAND.
>> OKAY. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
I AM GOING TO GO AHEAD AND CALL YOUR CASE AND WE ARE GOING TO
LET THE CITY PRESENT FIRST. >> OKAY.
[A. 21-0219 CE 1912 Avenue M Louise Osby Heather Debevec]
>> AND THEN YOU GO AFTER. SO I AM CALLING CASE 21-2 19 LOIS OSBY. IF I MAY ASK, WHAT IS YOUR
RELATIONSHIP TO THIS PROPERTY. >> THAT WAS MY GREAT-AUNTY'S -- I AM THE ONE PAYING THE TAXES AND TAKING CARE OF THE
WHAT IS YOUR GREAT-AUNT'S NAME. >>.
[01:15:04]
>> HOW IS IT THAT YOU BECAME RESPONSIBLE FOR THE PROPERTY.
>> I HAVE BEEN AT THAT PROPERTY BEFORE WHEN MY AUNT THELMA DIED, I MOVED IN THE HOUSE WITH HER DAUGHTER, LOUISE OSBY AND HER FATHER WILLY JOHNSON. ONCE LOUISE DIED, MY FATHER TOOK OVER. ONCE MY FATHER PASSED AWAY, I
TOOK OVER. >> WE HAVE THE OWNER LISTED AS LOUISE OSBY. IS SHE THE OWNER OF THE PROPERTY ON PAPER AT THIS POINT?
>> RIGHT NOW AT THIS POINT, YES, SHE IS -- RIGHT NOW I HAVE A LAWYER -- I HAVE A LAWYER AND I AM GETTING PAPERWORK.
I AM GETTING PAPERWORK. I WILL HAVE PAPERWORK SOON ON
THE PROPERTY. >> FOR YOU TO TAKE OVER
>> YOU SAID LOUISE OSBY IS YOUR SIGNIFICANT OTHER?
>> NO, THAT WAS MY DAD'S COUSIN.
MY DAD'S FIRST COUSIN. >> YOU CURRENTLY RESIDE AT THE
PROPERTY? >> YEAH, I DON'T STAY THERE.
I AM JUST TAKING CARE OF IT RIGHT NOW AT THE MOMENT.
I AM NOT LIVING ON THE PROPERTY RIGHT NOW.
I JUST HAD THE LIGHTS TURNED ON AND TOOK CARE WHATEVER YOU TOLD ME TO TAKE CARE OF THE PRO PROPERTY.
I PAINT THE HOUSE ALL OVER AGAIN.
ALL THE THING I HAVE TO DO IS MOVE MY WIFE'S RED MUSTANG OUT.
>> SORRY, SIR. WE SENT PHOTOGRAPHS TO YOU RELATED TO THIS HEARING TODAY. DID YOU RECEIVE THEM?
>> NO MA'AM. I DIDN'T GET NOTHING.
>> THE PHOTOS WERE SENT TO THE E-MAIL THAT WAS PROVIDED TO US.
>> THAT IS PROBABLY MY WIFE'S E-MAIL.
I HAVE TO WAIT UNTIL SHE GETS OFF OF WORK IN ORDER FOR ME TO
SEE THOSE PICTURES. >> E-MAIL ADDRESS THAT EXISTS
THAT YOU CAN ACCESS RIGHT NOW? >> NO MA'AM.
MY WIFE -- SHE DOES ALL THAT. I DON'T EVEN -- YOU KNOW, I DON'T EVEN DEAL WITH TELEPHONES LIKE THAT, MA'AM.
I JUST LET MY WIFE HANDLE THAT PART OF IT.
>> SPECIAL MAGISTRATE, I THINK WHAT WE WOULD LIKE TO DO AT THIS POINT IS RESET THIS. I THINK WE -- WE WOULD LIKE TO INQUIRE OF HIM -- THE MAIN ISSUE IS MOVING THE VEHICLE THAT HAS NOT BEEN MOVED. IF WE CAN INQUIRE OF HIM IF HE IS GOING TO DO THAT AND WHEN HE IS GOING TO DO THAT.
>> MAGISTRATE: THAT IS FINE. >> SIR, THE VEHICLE THAT IS PARKED THAT IS INOPERABLE, ARE YOU PLANNING TO MOVE THAT?
>> YEAH, I WILL MOVE IT IN THE BACK YARD.
THAT IS AS FAR AS I AM ABLE TO DO IT.
I WILL PUT IT IN THE BACK YARD AND PUT A COVER ON IT.
>> WILL VISIBLE FROM THE ST STREET?
>> NO, YOU WON'T BE ABLE TO SEE IT.
>> WHEN DO YOU PLAN TO HAVE THAT DONE?
>> I WILL TRY TO GET DOWN TH THERE.
IF I AM ABLE TO MAKE IT BECAUSE RIGHT NOW I AM IN TEXAS.
WE HAVE A BAD STORM COMING THROUGH.
IF IT EASES UP, I WILL BE ABLE TO COME DOWN THERE AND TAKE CARE OF THAT. BUT IF NOT, IT WOULD HAVE TO BE NEXT MONTH, LIKE THE MIDDLE OF NEXT MONTH.
THIS MONTH COMING UP, I WILL BE ABLE TO GET THE -- AND HAVE IT DONE. BUT I AM NOT ABLE TO MAKE IT.
>> SO WE HAVE HEARINGS IN MARCH ON THE 2ND AND THE 16TH.
. >> IT SHOULD BE OUT OF THE WAY
SO YOU COULDN'T SEE. >> TIME SORRY.
>> BY THEN IT SHOULD BE OUT OF YOUR GUYS EYESIGHT WHERE YOU
CAN'T SEE IT. >> CAN YOU HAVE THAT DONE BY
MARCH 2 OR THE 16. >> I CAN HAVE 2 DONE BY MARCH
AND IF YOU WILL BE IN CONTACT OF MISS DEBEVEC WHEN YOU HAVE THAT DONE THAT WAY SHE IS AWARE AND CAN CONFIRM THAT IS DONE,
I WILL DO THAT. >> SPECIAL MAGISTRATE, WE WILL ASK TO RESET THIS FOR MARCH 2 FOR HIM TO TRY TO COMPLY.
>> MAGISTRATE: I WILL RESET IT TO MARCH 2.
>> OKAY, MR. JOHNSON, WE WILL SEE YOU AT MARCH 2.
>> THANK YOU. YOU ALL HAVE A NICE DAY.
>> THANK YOU. I COULDN'T READ THAT LAST BIT.
>> THAT IS OKAY. THAT IS OKAY.
YOU ARE GOOD. SO I BELIEVE THE ONLY THING WE WILL HAVE TO DO ARE THE CASES NOT PRESENT.
[A. 21-2246 PK Jaycee Park James Jackson Christian Michael Rabenecker]
NEXT CASE 21-2646 JAYCEE PARK, JAMES JACKSON CHRISTIAN.>> GOOD MORNING, MA'AM. >> GOOD MORNING.
>> YOU ARE GOOD TO PRESENT IF YOU JUST WANT TO GO THROUGH IT
YOURSELF. >> MY NAME IS MICHAEL MICHAEL RABENECKER PARKING SPECIALIST FOR THE CITY OF FORT PIERCE.
THE CASE IS 21-2246, A PARKING CITATION WRITTEN AT JAYCEE P
[01:20:05]
PARK. THE CASE WAS INITIATED DECEMBER 26, 2021. IT WAS -- THE CITATION WAS 8159 PARKING FOR 34-35 L RESTRICTED PARKING FOR BOAT TRAILERS.AND I HAVE SOME PICTURES HERE. >> IS IT MARKED IT IS
RESTRICTED FOR BOAT TRAILERS? >> YES, MA'AM.
>> IS THAT IN THE PHOTOGRAPHS. >> YES, MA'AM.
>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE
VIOLATION THAT YOU OBSERVED IT? >> YES.
>> THE CITY WANTS TO ADMIT THE PHOTOGRAPHS MANAGE MAGISTRATE
IT CAN BE ADMITTED. >> THE VIOLATOR?
>> THE VIOLATOR IS JAMES JACKSON CHRISTIAN.
>> HA ARE THE FINES AND FEES REQUESTED A THIS POINT FOR THE
VIOLATION. >> THE FINE $50, $10 ADMINISTRATION FEE AND LATE FEE OF $18 FOR A TOTAL OF $78.
>> ANYTHING FURTHER FOR THE SPECIAL MAGISTRATE TO CONSIDER?
>> NO MA'AM. >> MAGISTRATE: JAMES JACKSON CHRISTIAN IS NOT PRESENT. NEITHER IS A REPRESENTATIVE ON HIS BEHALF. BASED ON THE TESTIMONY AND EVIDENCE THAT THE VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL FINE HIM $50.
ADMIN FEE OF $10. AND LATE FEE OF $18 FOR A TOTAL OF $78. HE WILL HAVE 30 DAYS TO PAY THAT FINE. FAILURE TO DO SO MAY RESULT IN THE FINE BEING SENT OVER TO THE CLERK OF COURT AND HE MAY INCUR ADDITIONAL FEES AND COSTS. NEXT CASE 21-2139, RICH FORBES,
[C. 21-2139 PK Jaycee Park Rich Forbes, Rachel Nadine Forbes Michael Rabenecker]
RACHEL NADINE FORBES. >> ONCE AGAIN THE CASE I INITIATED. CASE NUMBER 21-2139, PARKING CITATION WRITTEN AT JAYCEE P PARK.
THE VIOLATORS ARE RICH FORBES AND RACHEL NADINE FORBES.
THE CASE WAS INITIATED 2021. I WASN'T HERE IN 2012.
A PARKING CITATION. 964, RESTRICTED PARKING FOR BOAT TRAILERS ONLY. I HAVE PICTURES TO PRESENT.
>> AGAIN, IS THIS ONE MARKED THAT IT IS RESTRICTED FOR BOAT
>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE
>> THE CITY WILL MOVE EXHIBIT 1 AS THE FORECASTS.
>> IT WILL BE ADMITTED AS SUCH. >> WHAT IS THE FINE AND FEES
REQUESTED. >> THE FINE IS $50.
WE ARE ASKING A $10 ADMINISTRATION FEE AND A $18
LATE FEE FOR A TOTAL OF $78. >> ANYTHING FURTHER FOR THE
SPECIAL MAGISTRATE. >> NO MA'AM.
>> I SEE A RACHEL OR RICH FORPES ARE PRESENT OR A REPRESENTATIVE. BASED ON ITS INFORMATION THERE IS A VIOLATION AND FINE THEM $50, ADMIN OF 10, AND LATE FEE OF $18. AND $78.
FAILURE OF PAY COULD HAVE IN CASE GOING TO THE COURT OF
[G. 21-1460 PK 100 Blk Marina Way Efren E. Rivera Vicente, Jr. Maria C. Rivera Michael Rabenecker]
CLERK WHERE THEY COULD INCUR FEES AND COSTS.>>> OUR NEXT CASE IS 21-1460, 100 BLOCK MARINA WAY.
EFREN E. RIVERA VICENTE JR. AND MARIA C. RIVERA.
>> ONCE AGAIN ANOTHER CITATION INITIATED BY ME.
21-1460, 100 BLK MARINA WAY, AND EFREN RIVIERA HAVE I ESSENTIAL 25EU AND MARIA RIVERA.
THE CASE ON JUNE 25, 2021. A PARKING CITATION, 57 89.
34-35 O, POSTED NO PARKING. I HAVE PHOTOGRAPHS HERE TO
PRESENT. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION?
>> YES, SIR. >> IS IT POSTED NO PARKING?
[01:25:01]
>> YES, MA'AM. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE THE COMPOSITE 1 PHOTOGRAPHS.
>> MAGISTRATE: IT WILL BE ADMITTED.
>> THE FINE OF $50, $10 ADMINISTRATIVE FEE AND LATE FEE OF $18 WHICH A TOTAL DUE OF $78.
>> MAGISTRATE: ANYTHING FURTHER?
>> NO MA'AM. >> MAGISTRATE: BASED ON THE TESTIMONY AND EVIDENCE PRESENTED I FIND THAT EFREN E.
RIVERA VICENTE JR. AND MARIA RIVERA ARE PARTIES RESPONSIBILITY FOR THE VIOLATION.
NONE OF THESE PEOPLE ARE PRESENT.
$50 FOR FINE, $10 FOR A+ DMIN FEE AND LATE FEE OF $18.
TOTAL OF $78. THEY HAVE 30 DAYS TO PAY IF NOT THEY WILL HAVE TO GO TO THE COUNTY COURT SYSTEM WHERE THEY
[H. 21-1342 PK Jaycee Park Sutherlin Nissan Vero Beach, Inc., Nissan Infiniti LT Michael Rabenecker]
COULD INCUR ADDITIONAL FEES AND COSTS.>> NEXT CASE IS 21-32. JAYCEE PARK.
SUTHERLIN NISSAN VERO BEACH NISSAN INFINITI LT.
>> THIS CASE BY ME. JAYCEE PARKS.
THE VIOLATORS SUTHERLIN NISSAN VERO BEACH AND NISSAN INFINITI LT CASE INITIATED JUNE 12, 2 2021.
A PARKING CITATION. PARKING CITATION NUMBER IS 5 5778. AND CODE SECTION VIOLATION IS 34-35 S PARKING THE CITY RIGHT-OF-WAY.
AND I HAVE SOME PHOTOS TO INTRODUCE AS EVIDENCE.
>> DO THE PHOTOGRAPHS DEPICT FAIRLY AND ACCURATELY THE
>> WHAT WERE THE FINES AND FEES REQUESTED.
>> A NINE FINE OF $50 IS ASKED. $10 ADMINISTRATION FEE IS REQUESTED. AND A LATE FEE OF $18 IS REQUESTED. A TOTAL BILL OF $78.
>> ANYTHING FURTHER FOR THE SPECIAL MAGISTRATE TO CONSIDER?
>> NO MA'AM. >> MAGISTRATE: I SEE THIS SUTHERLIN NISSAN VERO BEACH, INC. AND NISSAN INFINITI LT ARE NOT HERE ALONG WITH A REPRESENTATIVE ON THEIR BEHALF.
I FIND THEM RESPONSIBLE AND FINE $50, ADMIN OF 10LATE FEE OF $18. THEY HAVE 30 DAYS TO PAY.
FAILURE TO PAY THE FINE MAY RESULT IN THE CASE BEING FORWARDED TO THE COUNTY'S COURT SYSTEM WHERE THEY COULD INCUR ADDITIONAL FEES AND COSTS. 30 DAYS TO APPEAL.
>> THANK YOU, YOUR HONOR. >> MAGISTRATE: YOU ARE WEL
[C. 21-2977 CE 1208 N 20th Street JBM Properties LLC Heather Debevec]
WELCOME. >> OUR NEXT CASE IS 21-2977,
1208. >> MAGISTRATE: WHEN YOU ARE
READY. >> CASE NUMBER 21-2977.
ADDRESS 1208 N. 20TH STREET BY JBM PROPERTIES LCC.
THE CASE WAS INITIATED ON NOVEMBER 5 OF 2021.
FOR SECTIONS 30-28, SUBSECTIONS C, RESPONSIBILITY FOR CONTAINERS. EXCUSE ME.
SECTION 24-19, 20, 21, SUB ELECTIONS 1 AND 5.
NUISANCE OF OUTSIDE STORAGE. 27, SUBSECTIONS 12 LANDSCAPE MAINTENANCE WHICH I AM ASKING R & D FOR ALL OF THESE AS THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE SINCE.
AND I DO HAVE PHOTOS TO SUBMIT. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS AND I AM ASSUMING
THE COMPLIANCE AT THIS POINT? >> YES, MA'AM.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE THE
PHOTOGRAPHS AS COMPOSITE ONE. >> MAGISTRATE: IT W ADMITTED AS SUCH. MANAGE MAGISTRATE ANYTHING
[01:30:09]
>> MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT JBM PROPERTIES IS THE PART RESPONSIBLE FOR THE VIOLATION. THEY ARE NOT PRESENT, NEITHER IS THEIR REPRESENTATIVE ON JBM PROPERTIES LLC, BUT I THINK THEY ARE RESPONSIBLE FOR THE VIOLATION.
AND I WILL GIVE THEM TEN DAYS TO COMPLY --
>> SPECIAL MANAGE 1998, LOOKING FOR R & D.
THEY COMPLIED. >> MAGISTRATE: I AM SORRY.
I FIND THAT THERE WAS A VIOLATION BUT IT HAS BEEN CLEARED AS OF THIS DATE. TO BE ADVISED SHOULD IT REOCCUR, THEY COULD INCUR ADDITIONAL EXPENSES.
>> THANK YOU, SPECIAL MAGISTRATE.
[D. 21-1137 CE 1210 N 16th Court Carlson Family LLC Heather Debevec]
>> MAGISTRATE: THANK YOU, SORRY ABOUT THAT.
OUR LAST CASE 21-1137, 10 NORTH 16TH STREET.
CARLSON FAMILY LLC. >> MAGISTRATE: ARE YOU READY.
>> HEATHER DEBEVEC AGAIN. CASE NUMBER 21-11 37.
ADDRESS THE 1210 N. 16TH COURT UNDER CARLSON FAMILY LLC.
THE CASE WAS INITIATED ON JUNE 25, 2021.
FOR SECTION 26.3, STORAGE OF MOD DEES.
24.19, 20, 21, SUBSECTIONS 1 AND 5, NUISANCE OF OBJECT AND OUTSIDE STORAGE. REMOVE ITEMS FROM ONLY TRAILER AND PLACE IN A SHE HAD. BRING IN ITEMS FROM THE SHED AND CARPORT AND FROM AROUND THE OUTSIDE OF THE HOPE.
THE CITY IS IT REQUESTING THAT IF SPECIAL MAGISTRATE FINDS IT EXISTS TO BE PINE OF $100 PER DAY TO BE ASESED.
I HAVE PHOTOGRAPHS TO SUBMIT. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS?
>> YES, MA'AM. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE AS EXHIBIT 1, THE PHOTOGRAPHS.
>> MAGISTRATE: IT WILL BE ADMITTED AS SUCH.
>> MAGISTRATE: ANYTHING FURTHER?
>> NO MA'AM. >> MAGISTRATE: OKAY, I FIND THAT NO ONE FROM THE CARLSON FAMILY LLC IS PRESENT, BUT BASED ON THE TESTIMONY AND EVIDENCE, I FOUND THAT A VIOLATION EXIST AND THEY WILL BE GIVEN TEN DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED.
THEY HAVE 30 DAYS TO APPEAL. ANYTHING ELSE?
>> WE ARE DONE. >> MAGISTRATE: THE PARTIES WHO ARE NOT HERE. HOW WERE THEY NOTIFIED?
>> FOR CASES REQUIRING A HEARING PER STATE STATUTE, A NTICE OF HEARING WAS CENTS TO THE VIOLATOR WITH CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED TAMPA PLACE IN THE FILE. IF UNSIGNED ON UNCLAIMED, A NOTICE IS LEADED TO THE VIOLATOR REGULAR U.S. MAIL.
TEN DAYS PRIOR TO THE HEARING IT IS POSTED.
AND A NOTICE AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OFPEACING. IF THE GREEN CARD IS NOT RETURNED TO IT THE CODE ENFORCEMENT DEPARTMENT.
FOR CASES NOT MANDATED BY STATE STATUTE.
THE HEARINGS ARE HANDLED IN THE SAME MANNER.
239 GREEN CARD IS UNSIGNED, UNCLAIMED AND NOT RETURNED TEN DAYS OF HEARING, THE NOTICE OF THE HEARING WILL BE ON THE
BULLETIN BOARD IN CITY HALL. >> ALL
* This transcript was compiled from uncorrected Closed Captioning.