May 04, 2022 Special Magistrate Hearing

[00:00:08]

SPECIAL MAGISTRATE HEARING OF MAY 4, 2022 IS CALLED TO ORDER IF WE CAN STAND FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR AT WHICH STANDS, ONE NATION, UNDER GOD INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU.

>> IF YOU CAN PLEASE REMAIN STANDING.

PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH.

THANK YOU. >> SPECIAL MAGISTRATE: I AM

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

22-277, 1301 NORTH LAWNWOOD CIRCLE, DWIGHT DAWKINS G. A. M.

D., 22-347, 611 S. 13TH STREET, WESLEY BALTIMORE.

22-341, 611 SOUTH 139 STREET RALPH CICERON.

23-311, 325 S. 13TH STREET JEAN M. DANILUS.

22-349, 611 S. 13TH STREET, BERNARD BENJAMIN.

22-353, 700 SOUTH 29TH STREET LA TREESH SHAH FRASIER.

22-323, 2506 ACORN STREET, ACORN WELLNESS CENTER, 22-417, 708 DELAWARE AVENUE, MANCHEZ. 22-300, 611 S. 13TH STREET,

[A. 22-224 CE 1100 Blk Seaway Dr Gary Sofen Heather Debevec]

FIRST IS 22-224, 1100 BLOCK SEAWAY DRIVE, GARY SOFEN.

YOU CAN COME UP TO THE PODIUM, SIR.

>> GOOD MORNING. >> SPECIAL MAGISTRATE: PLEASE

STATE YOUR NAME FOR THE RECORD. >> GARY SELFEN, FORT PIERCE.

>> GOOD MORNING, SPECIAL MAGISTRATE, HEATHER DEBEVEC, CITY OF FORT PIERCE CODE EN E ENFORCEMENT.

CASE 21-3404. ISSUED ON JANUARY 15 OF THI YEAR TO ISLAND BEACH BAR AND RESTAURANT.

IT WAS GOING TO BE REFERENCED 117-5, SUBSECTIONS, TRAILER SIGNS BEING PROHIBITED. ASKING FOR A $100 FINE PLUS $10 ADMINISTRATIVE FEE. THE VEHICLE WAS PARKED ON A VACANT LOT. I LEFT A WRITTEN WARNING ON IT JANUARY 14. IT ALSO CALLED THE RESTAURANT REQUESTING THAT THEY REMOVE THE TRAILER.

THE TRAILER WAS NOT REMOVED; THEREFORE, THE CITATION WAS ISSUED. I HAVE PHOTOS TO WHICH TO S T

SUBMIT. >> HAS THE RESPONDENT SEEN THOSE PHOTOGRAPH AS SOON AS HEATHER DEBEVEC YES, MA'AM, THIS MO G

MORNING. >> DO THEY FAIRLY AND ACCURATELY

DEPICT THE TRAILER OBSERVED. >> YES, MA'AM.

>> ON THE 15TH, DID YOU GO BACK TO THE PROPERTY?

>> I DID. >> DID YOU GAVE A FULL 24 HOURS?

>> I DID. >> WAS THE TRAILER STILL THERE?

>> YES, MA'AM. >> DO YOU HAVE PHOTOGRAPHS FROM

BOTH DATES. >> I DO.

>> WAS THE TRAILER LATER RE D REMOVED?

>> YES, MA'AM. >> PHOTOGRAPHS WHEN YOU WENT BACK SEVERAL DAYS LATER AND IT WAS REMOVED.

>> YES, MA'AM. >> ARE THOSE ALL DATE AND TIME

STAMPED. >> YES, MA'AM.

>> CITY MOVED INTO EVIDENCE EXHIBIT 1, THE FORECAST PHOTOGRAPHS. MISS DEBEVEC, WHEN YOU CALLED THE OWNER REGARDING THE TRAILER BEING PARKED ON THE LOT.

WHAT ANSWER WAS GIVEN TO YOU WHY IT WAS PARKED THERE.

>> I WAS TOLD IT WAS BROKE DOWN IN SOME MANNER.

>> DID YOU OBSERVE ANYTHING WRONG WITH THE TRAILER?

>> NOTHING THAT STOOD OUT TO ME. THE TIRES WERE INFLATED.

[00:05:02]

>> ANYTHING ELSE WOULD YOU LIKE THE SPECIAL MAGISTRATE TO KNOW?

>> NOT AT THIS TIME. >> SPECIAL MAGISTRATE: YOU HAVE

SEEN THESE PHOTOS. >> YES, MA'AM.

>> SPECIAL MAGISTRATE: I WILL ADMIT THESE AS THE CITY'S COMPOSITE 1 INTO EVIDENCE. IF YOU WANT TO GO AHEAD AND

TESTIFY. >> SO WHAT HAPPENED WAS WHEN THE TRAILER WAS LEFT THERE. AND I GUESS THE INITIAL WARNING WAS PUT ON THE TRAILER, CALLED THE RESTAURANT.

AND -- I AM NOT AT THE RESTAURANT.

SO THIS TRAILER ACTUALLY USED FOR MY CONSTRUCTION BUSINESS.

WE JUST -- IT IS CALLED WILD CAT MANAGEMENT.

THAT IS WHAT I USE IT FOR AND I OWN SEVERAL BUSINESSES AND I ADVERTISE IT ON THE CONSTRUCTION TRAILER BECAUSE IT WINDS UP ALL OVER THE AREA. WE HAD A JOB OUT THERE.

I HAD IT LOADED DOWN WITH CONSTRUCTION MATERIAL AND TOOLS AND STUFF. AND JOHN, WHO -- THE GUY THINK THAT WORK WITH, JACOBS, HIS BUILDING IS RIGHT NEXT DOOR.

I LEFT IT THERE SO NOBODY WOULD STEAL ANYTHING.

AS IN PEOPLE'S PLAIN VIEW. SO THAT NOBODY WOULD BREAK INTO IT. WHEN SHE LEFT THE MESSAGE WITH KEVIN, OKAY. I DIDN'T GET THE MESSAGE UNTIL LATER ON THAT EVENING. WHEN HE CALLED ME LATER ON THAT EVENING, IT WAS RAINING OUT, OKAY.

AND THE WEATHER WAS PRETTY N Y NASTY.

I WAS UNDER THE WEATHER MYSELF. TURNS OUT THINK THAT TESTED POSITIVE FOR COVID. SOON AS I FELT BETTER WHICH WAS THE FOLLOWING DAY, I GUESS -- I DON'T KNOW IF THAT WAS FRIDAY OR SATURDAY. BUT SUNDAY MORNING, AS SOON AS I FELT WELL ENOUGH, I WENT OVER TO REMOVE IT.

TURNS OUT EVEN THE CITATION WAS IN A BAG THAT WAS HOOKED TO THE BACK DOOR. THE BAG WAS FULL OF WATER.

I COULDN'T EVEN READ THE CITATION BECAUSE INSIDE THIS G BAG. SO IT WAS JUST -- YOU KNOW -- BECAUSE OF THE TIMING OF IT, I DIDN'T GET THAT CALL, YOU KNOW WITH ENOUGH TIME TO GET THERE. BECAUSE OF THE WEATHER AND STUFF LIKE THAT. I JUST CAN'T GET OVER THERE TO MOVE IT QUICK ENOUGH. MY ISSUE IS, YOU KNOW, NOT SO MUCH. I AM NOT HERE BECAUSE OF THE $100 FINE, OKAY. MY TIME IS REALLY WORTH MORE THAN THAT AND I AM SURE YOURS IS TOO.

MY ISSUE IS THAT AS A LOCAL BUSINESS OWNER HERE TRYING TO.

YOU KNOW -- THIS IS A DIFFICULT SPOT WE ARE TRYING AT THE ISLAND BEACH BAR IN OCEAN VILLAGE. WE OWN 2N STREET AND OWN SOME OTHER PLACES TRYING TO PROMOTE IT TO MAKE IT WORK.

ANOTHER PLACE IN THE CITY. I THINK IT IS PETTY, OKAY.

I THINK THAT WHEN YOU DRIVE AROUND HERE AND YOU SEE TACO DIVES GOT A TRUCK THAT IS PARKED BACK HERE THAT SITS HERE ALL THE TIME. WAY BIGGER THAN THIS.

YOU GOT, YOU KNOW, OTHER LOCAL PLACE, PIERRE CIDER.

JOHN HAS HIS CAR THAT IS PARKED WITH A SIGN IN THE BACK OF IT SITTING THERE 24-7. YOU HAVE TILLMAN.

YOU HAVE FORTRESS THAT HAS A PARTNER IN ATLANTIC.

HIS BUSINESS IS NOT THERE. OUT IN ORANGE AVENUE.

THEY ARE ALL OKAY AND SIT HERE IN THE CITY LIMIT WITH SIGNS ON THEM. AND THAT IS NOT A PROBLEM, BUT THIS TRAILER WAS HERE FOR ONE DAY.

I DID THE BEST TO MOVE IT, AND I GET A TICKET.

I JUST DON'T THINK IT IS FAIR. THAT'S WHY I'M HERE.

>> SPECIAL MAGISTRATE: OKAY. AND DOES THE CITY -- CITY

ATTORNEY HAVE ANY QUESTIONS? >> NO MA'AM.

NO QUESTIONS OR ANYTHING FU R FURTHER.

>> SPECIAL MAGISTRATE: NOTHING? I -- I TEND TO AGREE -- I GUESS -- MY THOUGHTS ARE YOU STATED YOU HAD MITIGATING CIRCUMSTANCES FOR WHY YOU DIDN'T MOVE IT IMMEDIATELY.

>> I WOULD HAVE GOT OVER THERE QUICKER HAD I BEEN ABLE TO.

>> I AM TENDING TO FIND THAT THE VIOLATION -- THAT YOU DID NOT INTEND TO VIOLATE IT ONCE YOU GOT THE NOTICE, YOU MOVED IT AS SOON AS REASONABLY ABLE. SO I WILL FIND THAT -- IN YOUR FAVOR. I THINK YOU MOVED -- IF YOU HADN'T MOVED IT THAT WOULD BE DIFFERENT, BUT SOUNDS LIKE YOU DID. AND THE WEATHER AND COVID CAUSED YOU NOT TO MOVE IT WITHIN THE 24 HOURS.

>> THANK YOU, YOUR HONOR. THANK YOU VERY MUCH.

>> THANK YOU. >> YOU WILL GET SOMETHING IN

WRITING. >> IS THAT IT?

[B. 22-903 PK South Causeway Park George A Sands, Jr, Debrareen Dandridge Michael Rabenecker]

>> SPECIAL MAGISTRATE: YES. THANK YOU.

>> OUR NEXT CASE 22-903 SOUTH SOUTH PARK.

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YES, SIR. >> HI, IF YOU CAN STATE YOUR

NAME. >> GEORGE A. SANDS JR.

>> GOOD MORNING, YOUR HONOR. >> BEFORE IS YOU CASE 22-903.

PARKING VIOLATION THAT TOOK PLACE AT SOUTH CAUSEWAY PARK.

THE VIOLATOR CAME BACK AS A GEORGE A. SANDS AND DEBRAREEN DANDRIDGE. THE CASE WAS INITIATED FEBRUARY 6, 2022. THE CITATION WRITTEN WAS 106-38.

A PARKING CITATION. VIOLATION OF CODE SECTION 34-35 S, PARKING IN THE CITY'S RIGHT-OF-WAY.

THE CITY IS ASKING THAT A FINE OF $50 WITH A ADMINISTRATION FEE OF $10 BECAUSE THE VIOLATOR HAS FILED CITATION OF APPEAL.

THE CITY REQUESTS THAT THE EDGE. >> MAGISTRATE FINDS THAT THE VIOLATION EXISTS THE VIOLATOR BE ASSESSED THE TOTAL DUE AND FAILURE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COURT SYSTEM. THE COUNTY COURT SYSTEM.

I HAVE PHOTOS TO INTRODUCE AS EVIDENCE.

LET ME MAKE SURE. AND THEY ARE DATE STAMPED AND ACCURATELY DEPICT THE CITATION AS I WITNESSED IT.

>> HAS THE RESPONDENT SEEN YOUR PHOTOGRAPHS?

>> NO, I HAVEN'T. >> CAN WE SHOW THEM TO HIM,

PLEASE. >> YES, MA'AM.

>> AND APPEAL. >> IT IS IN THE PHOTOGRAPHS AS

WELL. >>DO YOU WANT TO SEE THE PHOTOS

THAT HE ATTACHED? >> YES.

IF YOU HAVE THOSE -- JEANNIE, IF WE CAN PULL HIS APPEAL REQUEST AND HIS PHOTOS AND MAKE THEM THEIR OWN EXHIBIT PLEASE.

>> THERE IS ONE IN THERE OF HIS CITATION APPEAL THAT IS AN EXHIBIT. AND YOU WANT COPIES OF THESE

EVENTUALLY AS EXHIBITS? >> YES.

WHERE HE SUBMITTED HIS PHOTOGRAPHS.

WE DON'T NEED -- UNLESS HE WANTS HIS DRIVER'S LICENSE AND SECURITY CARD IN, WE DON'T NEED THAT.

JUST HIS PHOTOGRAPH FOR HIS EVIDENCE PURPOSES.

>> OKAY. >> SO IS THAT OKAY WITH YOU?

>> SORRY. >> WHAT WE ARE GOING TO DO IS MOVE INTO EVIDENCE THE REQUEST YOU MADE FOR THE APPEAL.

>> YES, MA'AM. >> ALONG WITH THE PHOTOGRAPH YOU TOOK OF THE PARKING AREA THAT YOU PARKED IN.

UNLESS YOU WANT THEM IN. >> NO MA'AM.

>> WHY DON'T YOU BRING THE APPEAL PAPERWORK UP FIRST.

>> SO WHAT I WILL DO, SPECIAL MAGISTRATE, IS EXHIBIT IA WITH A PHOTOGRAPH IS HIS PARKING CITATION APPEAL.

AND THEN THE PHOTOGRAPHS WILL BE ADMITTED AS WELL.

THEY ARE EXHIBIT NUMBERS IN THE BACK.

JUST SO THE SPECIAL MAGISTRATE IS CLEAR, THE PHOTO IS THE ONE

HE SUBMITTED TO THE CITY. >> SPECIAL MAGISTRATE: OKAY.

THERE ARE TWO PAGES THAT WILL BE ADMITTED AS YOUR EXHIBIT?

>> YES, MA'AM. >> SPECIAL MAGISTRATE: AND THE OTHER PHOTOS WILL BE ENTERED AS THE CITY'S COMPOSITE EXHIBIT 1.

I WILL TAKE A MOMENT TO LOOK AT YOUR --

>> I DID WANT TO CLARIFY WITH MR. RABENECKER SOME QUESTIONS.

DID YOU GO AFTER THE FACT AFTER THE TRUCK WAS MOVED TO TAKE BETTER PICTURES OF WHAT THE SPOT HE WAS IN LOOKED LIKE?

>> YES, MA'AM. >> WE CAN SEE IN HIS PROFESSOR

[00:15:02]

OVER. >> UNDER HIS LEFT PACK TIRE.

>> ONE ON EITHER SIDE, YES. >> ARE THERE BUMPERS?

>> NO PARKING BUMPERS IN FRONT OF THE VEHICLE, NO MA'AM.

>> IN DESIGNATED SPOTS? >> YES, TO THE LEFT OF THE VEHICLE, PARKING BUMPER. THOSE ARE THE DESIGNATED.

CONCRETE. >> HOW DO YOU DESCRIBE A BUMPER?

>> CONCRETE PARKING BUMPER. MAJOR SPECIAL MAGISTRATE YOUR

VEHICLE -- THIS IS YOUR VEHICLE? >> YES, MA'AM.

>> SPECIAL MAGISTRATE: I JUST WANT TO BE CLEAR.

YOU HAD TO GO OVER THE ROCKS TO PARK THERE.

>> IN BETWEEN THE ROCKS. RIGHT.

>> I DON'T HAVE ANY OTHER QUESTIONS FOR MR. RABENECKER.

>> SPECIAL MAGISTRATE: DO YOU HAVE ANY OTHER QUESTIONS?

WOULD YOU LIKE TO ADD ANYTHING? >> NO MA'AM.

THE PHOTOS TAKEN AT A CERTAIN ANGLE CAN DEPICT NOT THE TRUTH.

BUT THE PICTURE HE TOOK FROM THE REAR OF THE TRUCK SHOW THAT THE PASSAGE OF THE VEHICLES GOING AROUND -- GOING AROUND THE BACK OF MY TRUCK IS PROPER. I DIDN'T FEEL LIKE -- WHEN I -- WHEN I WAS AT THE BEACH, THE OFFICER WAS COMING ALONG.

A VOLLEYBALL GAME AND A FOOTBALL GAME AND EVERYBODY HAD TO MOVE SLOW. WHEN THEY CAME UP, THE OFFICER HAD TO SLOW DOWN, GO AROUND LIKE THIS BECAUSE THE CARS WERE STAGGERED. AND MY CAR, TRUCK, WAS THE LAST TRUCK. SO YOU HAD TO GO ARM LIKE THAT AND GO BACK TO THE ROAD. THERE WERE SEVERAL OTHER VEHICLES PARKED NOT ONLY PROTRUDING BUT BEHIND CARS THAT WERE PARKED. AND AS FAR AS THE RIGHT BUMPERS THAT INLDZ KATE WHERE TO PARK, I SAW NONE.

I DON'T KNOW IF THEY ARE THERE. I AM NOT CALLING THE INDIVIDUAL A LIAR OR ANYTHING OF THAT NATURE.

I WALKED AROUND AS THE OFFICER WAS WALKING AROUND.

I LOOKED AS THAT CITY VEHICLE PASSED BY AND I SAID OKAY, IF I WAS WRONG, THE OFFICER WOULD HAVE SAID SOMETHING.

I IMMEDIATELY MOVED BACK TO MY TRUCK.

TURNED OFF. LOCKED MY TRUCK AND PROCEEDED TO

THE BEACH WHERE THE FAMILY WAS. >> SPECIAL MAGISTRATE: I AM NOT SURE I FOLLOW YOUR REASONING ABOUT IF PEOPLE WERE GOING -- IT'S NOT A PARKING SPACE. SO THE VIOLATION IS STRICTLY THAT YOU ARE PARKED IN THE -- IN A NONDESIGNATED SPACE.

I DON'T -- YOU KNOW, WE DON'T KNOW -- THE POLICE VEHICLE YOU ARE DESCRIBING, WE DON'T KNOW IF CITY VEHICLE.

I DON'T SEE HOW IT CHANGES THE FACT THAT YOU ARE PARKED

OBVIOUSLY -- >> YES, MA'AM.

BUT IF THERE HAVE BEEN A NO PARKING SIGN, I WOULD NEVER HAVE PARKED THERE. JUST MOVED BACK TO FORT PIERCE.

LIVED HERE ALL MY LIFE. WENT TO SCHOOL IN TEXAS AND NO PARKING SIGN AT THE BEACH. AND I WASN'T STOPPING THE TRAFFIC OR THE FREE FLOW OF THE TRAFFIC FROM THE BACK OF THE TRUCK WITH NO PARKING SIGN, I DIDN'T THINK IT WAS A NO PARKING AREA. THAT WASN'T THERE.

NO MA'AM. THAT IS NOT THERE.

THAT WAS NOT IN FRONT OF THAT TRUCK.

>> NOT IN FRONT OF THE TRUCK -- BUT IT IS THERE.

AND IT IS -- IT IS -- THIS IS THE SIGN THAT SAYS PARKING IN DESIGNATED SPACES ONLY. NO, THEY DON'T -- THEY ARE NOT

ABLE TO PUT THIS -- >> RIGHT, I UNDERSTAND.

>> SPECIAL MAGISTRATE: IN EACH SPACE TO SAY THIS IS NOT A SPACE. THIS IS CLEARLY STATED.

SO I -- I MEAN, I AM TRYING TO --

>> I WAITED FOR A REEK TO BACK OUT.

AND I WENT IN. SO OBVIOUSLY IT WAS ALLOWED FOR A VEHICLE TO BE PARKED THERE. THAT IS THE ONLY REASON I PULLED IN. BUT NOW FROM WHAT YOU ARE SAYING IF THERE WAS A DESIGNATED AREA AND ALL THAT AND SEE ALL THE TIRE TRACKS FROM THE PREVIOUS VEHICLES PARKED IN THERE.

THAT IS WHAT MAIDS ME MOVING BACK TO FORT PIERCE ASSUMED IT WAS THERE WITH NO PARKING SIGN AVAILABLE.

THERE WAS A NO PARKING SIGN THERE.

>> SPECIAL MAGISTRATE: YOU DON'T KNOW THAT THOSE OTHER

VEHICLES DID NOT GET TICKETED. >> NO, I DON'T, NO MA'AM.

>> SPECIAL MAGISTRATE: I FIND THAT THE VIOLATION DID OCCUR.

AND I WILL WAIVE THE FEE, BUT THE FINE OF $50 WILL BE ASSESSED AND DUE IN 14 DAY, CORRECT. AND IF NOT PAID BY THEN, IT GETS REFERRED TO THE COUNTY COURT SYSTEM.

>> CAN I PAY IT NOW? >> YES, SIR.

BEAR WITH ME ONE SECOND AND I WILL TAKE CARE OF THAT.

>> THANK YOU, YOUR HONOR. >> I DID HAVE ONE OTHER QUES N QUESTION, YOUR HONOR, IF AN OFFICER SEES A THING OF THAT NATURE AND PASS BY THE VEHICLE WHEN GETTING OUT, DON'T YOU THINK IT IS THE RESPONSIBILITY OF THE OFFICER TO SAY, WILL YOU

[00:20:01]

>> SPECIAL MAGISTRATE: I DON'T KNOW IF THAT QUESTION IS

DIRECTED AT ME. >> I WILL BE HAPPY TO ANSWER IT.

THERE ARE MULTIPLE CITY VEHICLES THAT PATROL THE PARKS FOR DIFFERENT REASONS, OKAY. SO I KNOW -- THE PAPERWORK HE SAID A PATROL VEHICLE. THAT IS A POLICE OFFICER LOOKING FOR SPECIFIC THINGS. THEY ARE NOT THERE ADDRESSING THE PARKING BUT LOOKING FOR PEOPLE WHO ARE ROWDY AND CAUSING A PROBLEM. THEIR FOCUS IS NOT ON PARKING BUT SOMETHING ELSE. MAINTENANCE PEOPLE WHO PATROL THE PARKS LOOKING FOR CERTAIN THINGS.

I CAN'T SAY IT WAS OUR PARKING OFFICER WHO PASSED BY THE VEHICLE. IT COULD BE ANY OF THE CITY VEHICLES THAT MAY HAVE BEEN THERE FOR DIFFERENT REASONS AND NOT LOOKING FOR PARKING. SO IT IS HARD TO SAY.

THIS IS YOURS. JANE COMMITTEE HELP YOU.

[A. 21-3408 CE 301 Orange Avenue James Hatfield Heather Debevec]

>> OUR NEXT CASE IS 21-3408, 0 301 ORANGE AVENUE.

JAMES HATFIELD. >> GOOD MORNING.

>> KATRINA SUMMERS, THE PROJECT MANAGER FOR JAMES HATFIELD.

>> DID HE ASK YOU TO APPEAR ON HIS BEHALF TODAY?

>> YES. >> SPECIAL MAGISTRATE: YOU WERE

SWORN AT THE BEGINNING? >> YES, MA'AM.

>> POLICE DEBEVEC. ARE YOU READY.

>> GOOD MORNING, AGAIN, SPECIAL MAGISTRATE.

21-3408, 301 ORANGE AVENUE OWNED BY MR. JAMES HATFIELD.

THE CASE WAS INITIATED DECEMBER 3, 2021.

REQUESTED UNDER PROTECTIVE TREATMENT.

EASTED SOUTH-FACING WALLS. IF VIOLATION IS COMPLETE, $100 PER DAY BE ASSESSED. I DID HAVE THE OPPORTUNITY TO SPEAK WITH HIS SIMMONS THIS MORNING AND SHOW HER THE PHOTOGRAPHS THAT I HAD TAKEN WHICH I WISH TO SUBMIT AS WELL.

THEY DID START PAINTING WITHIN THE LAST COUPLE OF DAYS WHERE THE EAST WALL IS MAYBE HALF PAINTED.

THEY HAVE SOME WAYS TO GO AND MISS SIMMONS SAY THEY CAN DO THAT IN 15 DAYS. I WISH TO SUBMIT PHOTOS.

>> THE PHOTOS OF THE ORIGINAL AND THE PAINT THAT HAS HAPPENED.

>> DOES IT DEPICT AND ACCURATELY DESCRIBE WHAT YOU OBSERVED?

>> YES, MA'AM. >> MOVE INTO EVIDENCE COMPOSITE

1. >> SPECIAL MAGISTRATE: MA'AM,

DID YOU SEE THE PHOTOS? >> YES, I HAVE.

>> SPECIAL MAGISTRATE: THE PHOTOS WILL BE ENTERED AT CITY'S COMPOSITE 1. WOULD YOU LIKE TO ADD ANYTHING?

>> NO MA'AM. WE DID -- AS SHE SAID, WE DID START THE PAINTING. SO, I MEAN, WE DO HAVE IT DONE

PROBABLY WITHIN A WEEK. >> SPECIAL MAGISTRATE: I WILL FIND THAT THE VIOLATION EXISTS AND YOU HAVE 30 DAYS TO COMPLY.

AND THIS SHOULD WORK OUT. >> YES, MA'AM.

>> SPECIAL MAGISTRATE: THE FINE WILL ONLY BEGIN 30 DAYS FROM NOW

IF IT IS NOT COMPLETED. >> ABSOLUTELY.

THANK YOU, HAVE A GOOD DAY. >> SPECIAL MANAGE STATE, THE

FINE WILL BE $100 PER DAY? >> SPECIAL MAGISTRATE: YES, S

[A. 19-2735 1010 Mayflower Road Vaughn, Alvin & Harris, David Shaun Coss]

YES. >> OUR LAST CASE IS FROM THE BUILDING DEPARTMENT, CASE 1 7 19-2735.

1010 MAYFLOWER ROAD. ALVIN VAUGHN AND DAVID HARRIS.

>> YOUR HONOR, ANY PHOTOS OR ANYTHING I NEED TO PULL UP?

>> SPECIAL MAJOR STRAIGHT. THIS A LITTLE BIT DIFFERENT.

I WILL LET THERE COSS EXPLAIN THE DETAILS WHY WE ARE HERE.

BUT GENERAL BACK GROUND AND COUPLE OF HOUSEKEEPING ISSUES.

THIS IS RELATED TO THE ORIGINAL ORDER THAT WAS ENTERED IN THIS CASE THAT IMPOSED. ASSESSED A FINE AND LIEN FOR $100 WHAT WAS ORDERED BY THE SPECIAL MAGISTRATE WAS $50 AND THAT WAS DONE BY SPECIAL MAGISTRATE ROSS.

IT IS BELIEVED THAT HE WAS SELLING THE PROPERTY AND

[00:25:05]

>> YOU SAID SOMETHING ABOUT A NOTICE?

>> USUALLY WE SEND YOU THE NOTICE THROUGH THE MAIL.

BUT SINCE WE CALLED YOU, THERE WASN'T SUFFICIENT TIME FOR US TO SEND IT IN THE MAIL. THAT IS WHY WE CALLED YOU.

SO TECHNICALLY YOU ARE PERMITTED TO HAVE THE NOTICE SENT TO YOU THROUGH THE MAIL. WE WOULD HAVE DONE THAT.

I JUST WANT TO MAKE SURE YOUR FINE GOING FORWARD SINCE YOU DIDN'T GET THE NOTICE ON THE MAIL.

>> WHICH NOTICE >> TODAY'S HEARING.

>> I THINK I DID GET THE NOTICE. >> OKAY.

>> I GOT IT IN MY PHONE. THAT WE WERE HAVING A HEARING

TODAY. >> THEY MAY HAVE E-MAILED YOU.

USUALLY WE WILL SEND IT THROUGH THE POST OFFICE, THROUGH THE SNAIL MAIL. BUT ARE YOU GOOD GOING FORWARD NOT GETTING IT THROUGH THE U.S. POST OFFICE.

>> I AM GOOD GOING FORWARD. >> THAT WAS MY ONLY QUESTION RIGHT NOW. YOU HAVE PLENTY OF TIME TO SPEAK TO THE SPECIAL MAGISTRATE BUT ARE YOU GOOD GOING FORWARD T Y

TODAY? >> YES, I WILL MOVE FORWARD.

>> MR. COSS, IF YOU EXPLAIN WHY WE ARE HERE.

>> GOOD MORNING, SPECIAL MAGISTRATE.

SHAWNS COULD. PREVIOUSLY SWORN IN FOR THE RECORD FOR 1010 MAYFLOWER ROAD. THE PROPERTY OWNED BY ALVIN VAUGHN AND DAVID HARRIS. INITIATED OCTOBER 17, 2019 BY PAUL JULIN AND CORRECTION OF LIEN PRESENTATION.

ALL OF THE VINCES, THE INTERNATIONAL PROPERTY MAINTENANCE 108.1, UNSAFE STRUCTURES, 3.4, 3.046.

EXETER YOL WALLS, AND 304.13, WINDOWS, DOORS AND FRAMES ARE STILL IN VIOLATION. THIS MATTER PREVIOUSLY CAME IN FRONT OF SPECIAL MAGISTRATE ROSS AND ORDER OF DETERMINATION WAS ISSUED FEBRUARY 19, 2020. THE ORDER VACATING THE VIOLATION APRIL 17, 2020. AND A NEW ORDER TO TERMINATE VIOLATION WAS ENTERED JUNE 17, 2020.

ON SEPTEMBER 1, 2020, THERE WAS A 90-DAY EXTENSION OF TIME.

ON FEBRUARY 17, 2021, THERE WAS A SPECIAL MAGISTRATE ORDER PER THE RESPONDENT'S REQUEST FOR AN ADDITIONAL 90-DAY EXTENSION OF TIME. DECEMBER 16, 2021, AFTER NO PERMITS WERE OBTAINED. NONCOMPLIANCE AND THE FINES BEGAN. JANUARY 3, 2022.

ORDER IMPOSING FINE AND LIEN WAS RECORDED THAT THE FINE WAS $100 PER DAY INSTEAD OF THE $50 HER DAY THAT WAS ORDERED IN THE ORDER TO TERMINATE VIOLATION. SO THE REASON WE ARE HERE TODAY, SPECIAL MAGISTRATE TO AMEND THE SCRIVENER'S ERROR AND IMPOSE A LIEN FROM $100 TO $50 PER DAY, WHICH START ACCRUING SEPTEMBER

16, 2021. >> AND WE DO HAVE A PROPOSED AMENDED ORDER JUST SO THERE IS NO ISSUES.

FULL SHOW THAT TO MR. HARRIS SHOWING THAT IT DOES CHANGE IT

TO THE $50. >> WELL, MADAM, I OBJECT TO ALL OF THAT. I MEAN, I WOULD LIKE TO STATE THAT FOR THE RECORD FOR SEVERAL REASONS.

>> WE WILL SWEAR YOU IN. BECAUSE YOU DID COME IN LATE.

>> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. STATE YOUR NAME FOR THE RECORD.

>> DAVID HARRIS. >> DO YOU WEAR THAT THE TESTIMONY YOU ARE TO GO GIVE WILL BE THE TRUTH?

>> YES, SIR. >> SIR, IF YOU WILL GO AHEAD AND LOOK OVER THAT ORDER BEFORE THE SPECIAL MAGISTRATE VIEW IT IS HERSELF. IF ANY SPECIFIC LEGAL QUESTIONS, LET US KNOW TO THE FORM OF WHAT IS IN THERE.

[00:30:46]

. >> IF WE ARE HAVE THAT BACK.

DO YOU HAVE ANY SPECIFIC LEGAL OBJECTIONS.

YOU WILL ABSOLUTELY BE PROVIDED A COPY OF IT.

>> MADAM. >> DID YOU HAVE OBJECTION.

>> WHAT YOUR LEGAL OBJECTION TO THE DOCUMENT.

>> I HAVE SEVERAL OBJECTIONS. ONE OF THE LEGAL OBJECTION I WAS NOT NOTIFIED. I WAS NOT PROPERLY NOTIFIED AND

I WAS STAYING IN COMPLIANCE. >> YOU ARE TALKING OF THE

ORIGINAL VIOLATION, CORRECT? >> NO, I AM TALKING ABOUT THE VARIOUS ACTIVITIES THAT THAT THE CITY IS ATTEMPTING TO TAKE AND

THE BUILDING -- >> CAN YOU HAVE AN OBJECTION.

YOU ARE TALKING OF THE PRIOR VIOLATION.

>> IF YOU DON'T WANT ME TO TALK, YOU CAN GO AHEAD AND MAKE YOUR RULING AND I WILL BE OUT OF HERE OPINION MY POINT IS, THAT I HAVE A DESIRE FOR RIGHT TO TALK AND NOT BE INTERRUPTED BY YOU.

>> MADAM SPECIAL MAGISTRATE, I WILL LET YOU HANDLE HIM AT THIS POINT. WE ARE GOING TO PRESENT YOU WITH THE AMENDED ORDER FOR CORRECTING THE SCRIVENER'S ERROR.

>> SPECIAL MAGISTRATE: I WILL TAKE A LOOK AT THIS.

YOU CAN GO AHEAD AND TALK. >> THE REASON WHY I AM OBJECTING IT I WAS NOT NOTIFIED. I NOTIFIED THE BUILDING DEPARTMENT THAT I WAS NOT NOTIFIED OF ANY ADVERSE INTENT BY THE CITY TO ENFORCE THAT IN WRITING THAT I HAVE NOT RECEIVED IT. AND WHEN I FOUND OUT ABOUT IT, MY PENALTY FEES HAVE ALREADY BEGUN.

SO THEREFORE, I OBJECT FOR THAT REASON.

I ALSO OBJECT BECAUSE I HAVE BEEN WORKING WITH THE CITY AND YOU WILL FIND OUT I HAVE BEEN IN COMPLIANCE WITH THE CITY FOR A AND I HAD ALL DIFFERENT KIND OF WHETHER IT IS THE BUILDING DEPARTMENT OR CODE ENFORCEMENT. I TRIED THE BEST I COULD.

I WENT TO THE HEARING TO STAY IN COMPLIANCE.

BY I NEVER INTENTIONALLY OR WILLFULLY REFUSED TO FOLLOW OR COMPLY WITH THE CITY'S ORDERS. I HAVE BEEN WORK IN CONJUNCTION WITH MR. SHAWN SHAWN AND OTHER CITY OFFICIALS TRYING TO RESOLVE THESE ISSUES. IN MY MOTION, THE LAST MOTION THINK THAT FILED TO THE COURT HERE BEFORE MISS FRAN ROSS.

I SAID YOUR HONOR, I AM NOT TRYING NOT TO COMPLY.

I DON'T HAVE THE FUNDS AND TO ASSESS THESE FEES AGAINST ME IS NOT FAIR WHEN I AM TRYING TO HELP MY BABY BROTHER WHO IS MENTALLY ILL. YOUR HONOR, I AM TRYING TO STAY OUT OF POVERTY TO SETTLE WITH THE CITY OFFICIALS HERE SO I ALREADY OWE THE CITY LIKE CLOSE TO $40,000.

TO SETTLE THIS ISSUE. I CAN'T EVEN GET THE HOUSE IN COMPLIANCE, YOUR HONOR, UNTIL CITY OFFICIALS COME TO THE TABLE AND SAY, LOOK, MR. HARRIS, WE ARE WILLING TO SETTLE WITH YOU SO YOU CAN SELL THE HOUSE. IF YOU CAN SELL THE HOUSE AND PAY US, YOU CAN FIX THE HOUSE. SO I ASKED THE COURTS WHEN I WAS HERE. AND I GOT DOCUMENTATION TO PROVE IT, TO GIVE ME TIME. MR. COSS RIGHT HERE SAID I WILL GIVE YOU TIME, MR. HARRIS, DESPITE THAT THE DEADLINES THAT THE COURT GAVE. BECAUSE THE COURT SAID IF OFF PROBLEM, AND YOU NEED MORE TIME, CONTACT MR. COSS.

NOT THE COURTS. I CONSTANTED MR. COSS.

AND MR. COSS, LISTEN, I AM TRYING TO GET IN COMPLIANCE.

I DON'T HAVE THE MONEY, BUT TRYING TO SELL THE HOUSE.

WAITING ON CITY OFFICIAL TO SETTLE WITH ME SO I CAN SELL THE HOUSE AND FIX THE ROOF, PAY EVERYBODY OFF, WHATEVER.

WITH THE VALUES THAT -- THE POTENTIAL BUYERS THAT WERE SUPPOSED TO BUY THE HOUSE HAD AGREED.

[00:35:01]

I CALLED THE CITY ATTORNEY AND INFORMED THEM OF THAT.

SO-CALLED THE CITY ATTORNEY INFORMING THEM, HEY, LOOK, I GOT A GUY WHO WILL SELL ME HIS PROPERTY.

I AM GOING TO FIX THE ROOF. AS SOON AS THE PROPERTY IS SOLD TO ME. WHATEVER THE PROBLEM IS, YOUR HONOR, THE CITY IS HOLDING UP THE NEGOTIATION.

YOU SEE WHAT I AM SAYING. SO WE COULDN'T COME TO A RESOLUTION. THEREFORE I NEED MORE TIME.

I STARTED WORKING WITH MR. COSS. ALL OF A SUDDEN I LOOK UP AND BEING ASSESSED A FINE. YOU ARE BEING FINED, MR. HARRIS.

FINED FOR WHAT. OH, YOU MISSED YOUR DEADLINE TO FILE AN APPEAL. YOU CAN'T EVEN DO ANYTHING ABOUT IT. I AM LIKE, YEAH? NOBODY SENT ME NOTICE, MR. COSS. IF THEY WOULD HAVE SENT ME NOTICE, YOU KNOW I WILL NOT -- BE IN NONCOMPLIANCE WITH YOU, MR. COSS. YOU KNOW I HAVE BEEN WORKING WITH YOU AND CODE ENFORCEMENT, ALL OF YOU ALL, KEEPING ALL THE FINES OFF THIS PROPERTY. ALL THE LEAVES OFF THE PROPERTY.

CLEANING IT UP. WHATEVER I NEED TO DO.

CUTTING THE TREES. WHATEVER I NEED TO DO.

BOARDING UP THE WINDOWS. MY OWN PROPERTY BY THE POLICE.

THEY SAID I WAS A BURGLAR. I EXPLAINED TO THEM I WAS NOT BURGLAR, THAT I AM THE OWNER. I STILL GOT RAN OFF THE PR Y PROPERTY. SO I HAVE BEEN THROUGH A LOT.

I HAD PEOPLE ALL OVER THE PROPERTY -- ON MY PROPERTY TAKING PICTURES AND STUFF. WITHOUT MY PERMISSION.

NO PROBABLE CAUSE. THE CITY OFFICIALS IN MY BACK YARD TAKING PICTURES. SO, MA'AM, FOR THESE REASONS I

OBJECT. >> SPECIAL MAGISTRATE: OKAY.

>> UNLESS THE SPECIAL MAGISTRATE WOULD LIKE ME TO RESPOND SPECIFICALLY FOR ANYTHING. WE ARE NOT THERE FOR ANY OF T THAT, SIMPLY TO AMEND THE ORDER TO THE CORRECT AMOUNT.

>> SPECIAL MAGISTRATE: YOU UNDERSTAND WHAT IS BEING HEARD TODAY IS SIMPLY TO AMEND THE ORDER TO HALF OF WHAT -- I G S

GUESS, THE FINE. >> YOUR HONOR, I AM LOOKING FOR

AN AMENDMENT OF THE AMENDMENT. >> SPECIAL MAGISTRATE: YOU CAN ASK FOR THAT BUT WHAT IS BEING HEARD TODAY.

>> CAN I GET A TIME OR DAY WHERE I CAN BE HEARD BECAUSE I HAVE THE DOCUMENTS HERE WHERE I HAVE BEEN CONTACTING THE CITY OFFICIALS, JUST TRYING TO BE HEARD ON THESE ISSUES AND THESE ISSUE ARE CAUSING A PROBLEM, A HANG-UP.

THE HOUSE THAT THEY ARE ASSESSING SIGNS TO IS SOLD.

I AM NOT THE OWNER ANYMORE. MOOT.

WHY SHOULD BE ASSESSED THE FINES OF SOMETHING I HAD NO KNOWLEDGE OF. NOTHING I HAVE POWER OR CONTROL OF, YOUR HONOR. THAT IS ALL I WANTED TO BE HEARD

ABOUT. >> SPECIAL MAGISTRATE: WELL, AGAIN, THIS -- THIS ORDER IS ACTUALLY IN YOUR FAVOR, I WOULD -- BECAUSE IT IS -- IT IS AMENDING --

>> REDUCING FINE. THIS IS MY OBJECTION.

THERE SHOULD BE NONE. AND WE NEED TO ADDRESS THAT AT SOME TIME OR POINT. SET A HEARING OR WHATEVER.

WE CAN REVISIT THIS ISSUE, BUT ON THE RECORD RIGHT NOW, YOUR

HONOR. >> SPECIAL MAGISTRATE: OKAY.

>> THANK YOU. >> SPECIAL MAGISTRATE: I NOTE YOUR CONCERNS. AGAIN, I AM GOING TO ENTER THIS ORDER TODAY. BECAUSE IT'S -- ALL IT IS DOING IS AMENDING THE FINE FROM $100 TO $50 A DAY.

WHICH WILL CHANGE. >> I THANK YOU YOUR HONOR AND I THANK THE CITY OFFICIALS. AND I APPRECIATE WHAT THEY DO.

>> SPECIAL MAGISTRATE: OKAY. >> I APPRECIATE THAT.

>> SPECIAL MAGISTRATE: THANK YOU.

>> YES, MA'AM. >> IF I AM NOT MISTAKEN, EVERYBODY WAS HERE SO WE DON'T HAVE TO READ IN THE STATEMENT.

OKAY. >> WE WERE DISCUSSING SOMETHING

ELSE. >> THANK YOU, SIR.

>> SPECIAL MAGISTRATE: THANK YOU.

>> SO WE DID NOT HAVE ANY CASES NO SHOW TODAY AND DIDN'T HAVE TO READ IN THAT LITTLE BLURB. I BELIEVE WE CAN JUST ADJOURN.

>> SPECIAL MAGISTRATE: THAT'S IT.

NO NEW BUSINESS OR OTHER CASES. >> NO MA'AM.

>> SPECIAL MAGISTRATE: THEN THIS

* This transcript was compiled from uncorrected Closed Captioning.