[1. CALL TO ORDER]
[00:00:07]
>>>LE THIS SPECIAL MAGISTRATE HEARING OF OCTOBER 19TH, 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 UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. IF YOU ALL COULD PLEASE STAY STANDING, AND YOU'LL BE SWORN IN BY THE CLERK.
>> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH?
>> WE'RE GOING TO START WITH THE CASES THAT ARE IN COMPLIANCE OR RESCHEDULED. 22-1773 SOUTH CAUSEWAY PARK.
HALLINAN. 22-946 SOUTH CAUSEWAY PARK, CAGE. 22-1990, JAYCEE PARK.
ROBERTS. 22-1769 SOUTH CAUSEWAY PARK, KELLER. 22-1504, 435 NORTH 15TH STREET, ALSTON. SOUTH CAUSEWAY PARK, RIGLER.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
AND 22-1993, JAYCEE PARK, WIMES. OUR FIRST CASE TODAY IS GOING TO[B. 22-1929 CE 322 N 15th Street Errol Stewart Sr, Andrew Stewart, Errol Stewart Jr Heather Debevec]
BE 22-1929. 233 NORTH 15TH STREET.ANDREW STEWART AND ERROL STEWART JR.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
I THINK THEY JUST GOT HERE. I'M NOT SURE.YEAH? >> YOU ALL CAN STAND AT THE PODIUM. YOU CAN SIT JUST WHEREVER THERE'S A MICROPHONE, SO THE MICROPHONE CAN CATCH YOU.
>> MR. DEB, YOU CAN GO AHEAD AND PRESENT.
>> G GOOD MORNING, SPECIAL MAGISTRATE.
THIS IS OWNED BY ANDREW ERROL STEWART SR. AND ERROL STEWART JR. EXCUSE ME.
ERROL STEWART SR., ANDREW STEWART, ERROL STEWART JR.
SORRY. CASE WAS INITIATED ON JUNE 17TH, 2022. IT WAS FOR FIRST SECTION 123-7, SECTION 24-19, 2420, 2421 SUBSECTIONS 195.
AND OBJECT OF OUTSIDE STORAGE. SECTION 30-28 (C) RESPONSIBILITY FOR CONTAINERS. PROTECTIVE TREATMENT.
REQUESTED THAT THEY MOW, TRIM TREES TO BE 6 FEET FROM THE GROUND, TRIM BUSHES TO GIVE A NEAT APPEARANCE AND 4-FOOT TALL OR LESS. REMOVE, BRING IN OR PLACE IN A SHED RUGS ON THE GROUND, BOXES, BINS AND OTHER LOOSE ITEMS FROM THE SOUTH PORCH AND THE YARD. STORE TRASH YARD AND RECYCLE BINS TO THE SIDE OR THE REAR OF THE HOME.
PAINT THE BARE WOOD OF THE TRIM ON THE WEST SIDE.
THE CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN 20 DAYS TO COMPLY OR A FINE OF $100 A DAY BE ASSESSED. I HAVE PHOTOS IN WHICH TO SUBMIT. THE GENTLEMAN HAS NOT HAD A CHANCE TO TAKE A LOOK AT IT YET THIS MORNING.
>> THIS IS THE LOT? >> SO THOSE PHOTOGRAPHS WE ARE
GOING -- >> THIS IS THE FRONT.
YES. >> YOU DON'T HAVE TO SAY ANYTHING ABOUT THEM. YOU JUST HAVE A CHANCE TO LOOK AT THEM. IF YOU DO NOT THINK THAT THEY ARE ACCURATE, AS TO WHAT THEY'RE SHOWING, YOU CAN OBJECT TO THAT.
SO BASICALLY THE QUESTION IS FOR YOU ALL TO REVIEW THEM AND LET US KNOW IF HAVE ANY SORT OF OBJECTION TO THEIR ACCURACY.
I HAVE NO OBJECTIONS. I NEED SEVEN DAYS.
>> OKAY. YOU'LL HAVE A CHANCE TO TALK TO
THE SPECIAL MAGISTRATE. >> IT'S JUST TO LOOK AT THE
YES. >> THE CITY WILL GO FIRST.
[00:05:02]
AND THEN YOU CAN RESPOND. >> MR. DEBEVEC, DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PROPERTY,
AS YOU OBSERVED IT? >> YES, MA'AM.
>> DO YOU HAVE TIME PROGRESSION PHOTOS FROM THE BEGINNING TO THE
END OF YOUR INVESTIGATION? >> PER YESTERDAY, YES, MA'AM.
>> THEY DATE AND SOMETIME TAMPED ON THE DATES YOU WENT OUT TO THE
PROPERTY? >> AT THIS TIME THE CITY WILL MOVE THE PHOTOGRAPHS IN AS CITY'S COMPOSITE EXHIBIT 1.
>> PHOTOS WILL BE ENTERED INTO EVIDENCE AS CITY'S COMPOSITE 1.
>> MS. DEBEVEC, ANYTHING FURTHER FOR THE SPECIAL MAGISTRATE?
>> NOT AT THIS TIME. >> DO YOU WANT TO RESPOND OR ALL
OF YOU? >> I'LL SAY SOMETHING.
>> SO WE CAN KEEP A CLEAN RECORD.
CAN YOU TELL US YOUR NAMES BEFORE YOU START SPEAKING.
>> MY NAME IS ERROL STEWART JR. I'M THE OLDEST SON.
I WORK EVERY DAY. SO, IN FACT, HARD TIME TO CUT THE YARD. THAT'S MY DAD.
HE'S RETIRED. JUST MY BROTHER.
BUT I GOT TO CONCENTRATE TO TRY TO KEEP MY HEAD UP, TO KEEP THE PROPERTY. GIVE ME LIKE TEN MORE DAYS.
WE CAN CUT THE PLACE. MY DAD NOT DOING ANYTHING.
HE'S RETIRED. HE'S NOT DOING NOTHING.
EVERYTHING IS ON ME. I'M THE OLDEST SON.
>> HE CUTS IT, BUT DOESN'T WANT TO USE IT.
HE PUTS A CHAIN ON IT. >> AS IT STANDS NOW, THEY'RE GIVING YOU 20 DAYS TO COMPLY. YOU NEED MORE THAN THAT IS WHAT
WE SHOULD BE ABLE TO MAKE IT BEAUTIFUL BY THEN.
I REALLY WANT TO GET IT -- GET IT.
GET THE YARD LOOKING NICE. >> SO CAN YOU HAVE IT DONE IN 20
DAYS? >> HAVE IT DONE IN 20 DAYS.
HAVE IT DONE IN 20 DAYS. >> WELL, I WILL FIND THAT THE VIOLATIONS EXIST. THAT YOU HAVE THE FINE THAT'S BEING INSTITUTED WILL NOT START, YOU KNOW, FOR 20 DAYS.
YOU HAVE 20 DAYS TO COME IN COMPLIANCE BEFORE ANY --
OKAY. >> WE'LL GET IT DONE IN 20 DAYS.
>> OKAY. >> IF YOU HAVE ANY ISSUES, LET MS. DEBEVEC KNOW WHAT ISSUES COME UP.
>> OTHERWISE SHE'S GOING TO EXPECT IT TO BE DONE IN 20 DAYS AND YOU NEED TO CONTACT HER AS SOON AS YOU'RE DONE CLEANING IT
THANK YOU FOR COMING IN. 30 DAYS TO APPEAL SPECIAL
>> 20 DAYS FOR COMPLIANCE. >> THE NEXT CASE ALSO, RIGHT?
>> GENTLEMAN, ONE SECOND. THEY HAVE THE NEXT CASE AS WELL.
>> THERE'S ANOTHER ONE. >> THERE'S ONE MORE CASE.
[C. 22-1970 CE 326 N 15th Street Errol Stewart, Errol Stewart Jr Heather Debevec]
>> THE CASE IS 22-1970, 326 NORTH 15TH STREET.
ERROL STEWART AND ERROL STEWART JR.
>> MS. DEBEVEC, YOU CAN PRESENT. >> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 22-1970. 326 NORTH 15TH STREET.
ERROL STEWART, ERROL STEWART JR. THE CASE WAS INITIATED ON JUNE 17TH OF THIS YEAR FOR IPMC 702.4, EMERGENCY ESCAPE OPENINGS, COVERED WINDOWS, WHICH I'D LIKE TO REQUEST AN R&D ON.
A TEMPORARY LIGHTING. SECTION 123.37, LANDSCAPE MAINTENANCE. IPMC 304.2 PROTECTIVE TREATMENT.
IPMC 304.1, EXTERIOR STRUCTURE GENERAL.
IT'S REQUESTED THEY TAKE DOWN THE HOLIDAY-STYLE LIGHTING, TRIM
[00:10:02]
WEEDS FROM AROUND THE HOUSE, TRIM BUSHES TO GIVE A NEAT APPEARANCE AND NOT BE TALLER THAN 4 FEET.PRESSURE WASH THE SOUTH SIDE OF THE HOME WHERE DISCOLORATION IS OCCURRING. REPAIR OR REPLACE THE ROTTING WOOD ON THE TRIM AND SOLVEIT AROUND THE HOME.
THE ROTTING WOOD UNDER THE WEST-FACING WINDOW FRAME AND THE AREA BY THE FRONT DOOR. THE FRONT DOORFRAME.
THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VITAL EXIST, THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED.
I DO HAVE PHOTOS IN WHICH TO SUBMIT.
AND I KNOW THE GENTLEMAN HAVE NOT HAD A CHANCE TO REVIEW THEM
AS OF YET. >> THE SAME THING, GENTLEMAN, IF YOU WANT TO LET US KNOW IF YOU HAVE ANY OBJECTION TO THE
ACCURACY OF THOSE PHOTOGRAPHS. >> YEAH, YEAH.
I SAW IT. >> MS. DEBEVEC, DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PROPERTY
>> DO WE HAVE PHOTOGRAPHS FROM THE BEGINNING TO THE END OF YOUR
INVESTIGATION? >> THROUGH YESTERDAY, YES,
MA'AM. >> ARE THEY DATED AND TIME STAMPED ON THE DATES YOU WENT OUT TO THE PROPERTY?
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE THE COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS. PHOTOGRAPHS SUBMITTED WILL BE ENTERED INTO A EVIDENCE, AS THE CITY'S COMPOSITE ONE.
>> MY NAME IS ERROL STEWART JR. OKAY.
ALL I HAVE TO DO IS PAINT MY DOOR.
AND I TAKE THE BOARD OFF ALREADY.
>> SOME OF THIS HAS ALREADY BEEN --
>> YES. I WANT TO PAINT MY DOOR.
IT'S THE BACK AND THE FRONT. >> MORE THAN THAT?
>> YES, MA'AM. THERE IS MORE THAN THAT.
>> OKAY. >> SHE'S SAYING -- YOU WANT TO
MAYBE -- >> IT HAS TO DO WITH THE ROTTING WOOD AROUND THE TRIM, AT THE BASE OF THE FRONT DOOR AND ON THAT -- THE WINDOW RIGHT THERE TO THE LEFT BY ITSELF.
JUST BELOW THAT. THAT WINDOW DOWN AT THE BOTTOM OF IT IS -- IS ALL ROTTING AWAY. ALONG WITH AROUND THE BASE OF THE FRONT DOOR. TRIM AROUND THE HOME.
>> THERE'S ALSO -- NO, NOT REALLY.
ON THE SOUTH SIDE OF THE HOME NEEDS TO BE PRESSURE WASHED AND PAINTED WHERE IT'S DISCOLORING. AND THE LIGHTS.
>> THIS IS WHAT YOU'RE REFERRING TO HERE?
>> THAT'S AROUND THE FRONT DOOR, YES.
>> ON THAT SIDE AND SOME ON THE OTHER SIDE -- RIGHT THERE.
>> WELL, I'LL HAVE TO GET A PERMIT FROM THE CITY FIRST.
I DON'T WANT TO DO IT -- I GUESS LEGAL, YOU KNOW.
I'LL HAVE TO GET A PERMIT BEFORE I CAN GO WORK ON THE HOUSE.
AT LEAST TWO MONTHS I CAN FIX UP THE HOUSE.
I'M WORKING, YOU KNOW. >> YOUR HONOR, TYPICALLY WITHIN THE 30 DAYS, THEY GET THE PERMIT, THEY WOULD HAVE THE LENGTH OF THE PERMIT. THE PERMIT, MY UNDERSTANDING IS
BUT THEY NEED TO GET -- THEY CAN GET THE PERMIT IN 30 DAYS?
>> I WOULD BELIEVE SO. >> OKAY.
IF YOU -- IF YOU CAN GET THE PERMIT, YOU DO NOT HAVE TO
COMPLETE THE WORK IMMEDIATELY. >> OKAY.
>> SO IF YOU GET THE PERMIT, THEN --
>> SO WE NEED A PERMIT. YOU HAVE TO HAVE A PERMIT?
>> SPAGHETTI -- SPECIAL MAGISTRATE WE DON'T HAVE AN OBJECTION TO 90 DAYS. THERE ARE CERTAIN THINGS THAT MAY NEED A PERMIT, ESPECIALLY WHEN YOU START TALKING ABOUT THE SOFFITS. THAT'S SOMETHING THAT LIKELY WILL NEED A PERMIT. YOU WOULD NEED WITH OUR BUILDING DEPARTMENT TO FIND OUT EXACTLY WHAT YOU WOULD NEED A PERMIT
>> SO IN SPEAKING WITH MR. REYES, I DON'T BELIEVE AN OBJECTION TO EXTENDING TO 90 DAYS FOR COMPLIANCE.
>> IS THAT -- THEN YOU WOULDN'T HAVE TO WORRY FOR 90 DAYS THEN.
OKAY. THEN COMPLIANCE WILL BE IN 90 DAYS OR THE FINE OF $100 A DAY WOULD COMMENCE.
>> THEY WOULD NEED TO COMPLY WITH ALL OF THE PERMIT
>> HOW MUCH DOES A PERMIT COST? >> $300?
>> I'M NOT SURE. THE BUILDING DEPARTMENT WOULD BE
ABLE TO TELL YOU THAT. >> ALL RIGHT.
>> AND IS THERE 30 DAYS TO APPEAL?
[00:15:06]
THANK YOU. >> OUR NEXT CASE IS 22-2905.
810 SOUTH 11TH STREET. EDWARD HAFEKEN, KATHERINE
>> GOOD MORNING. >> THIS IS CASE NUMBER 2-2905, 810 SOUTH 11TH STREET. THE CASE WAS INITIATED BY MYSELF ON SEPTEMBER 23RD OF THIS YEAR.
THE OWNER IS EDWARD HAFEKEN JR. AND KATHERINE HAFEKEN OF 810 SOUTH 11TH STREET. THE VITALS ARE 123-64 SUBSECTION A AND 123.1 FOR TREE REMOVAL. DUE TO THE IRREVERSIBLE NATURE OF THE VIOLATION, THE MATTER WAS DIRECTORY SCHEDULED FOR A HEARING AND NO CORRECTIVE ACTIONS WILL BE TO TAKEN.
URBAN FORESTER OF THE CITY OF FORT PIERCE, THE CITY IS REQUESTING IF THE SPECIAL IMAGINE STRAIGHT TO FIND AS VIOLATION EXISTS, THE VIOLATORS BE FINED AS FOLLOWS.
ONE LIVE OAK TREE OVER 21 DIAMETER BREAST HEIGHT, BY $250 FOR A TOTAL MAXIMUM OF 5,250. MAXIMUM FINE PER STATE STATUTE, 162 SHOULD BE IMPOSED AT $5,000. SORRY ABOUT THAT.
I DO HAVE PHOTOS. THEY HAVE SEEN THE PHOTOS BY
EMAIL. >> AND DID YOU GO OUT YOURSELF
>> OKAY. >> AND DO THESE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE TREE AND THE KILT-DOWN CONDITION
THAT YOU OBSERVED IT? >> CORRECT.
>> ALL RIGHT. AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT ONE, THE PHOTOGRAPHS.
>> PHOTOS WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.
AND YOU'VE SEEP THE PICTURE -- SEEN THE PICTURE.
>> YES. >> DO YOU NEED TO SWEAR THEM? WOULD YOU LIKE FOR ME TO DO THAT NOW.
ALL RIGHT. WE'LL START ONE AT A TIME.
PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> EDWARD HAFEKEN. >> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH?
>> OKAY. PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. KATHERINE HAFEKEN.
>> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE
WILL BE THE TRUTH? >> MR. BER TRAM, YOU'D LIKE TO
ADD REGARDING THIS VIOLATION? >> NO, NOT AT THIS TIME.
I THINK HE DID STATE PREVIOUSLY THAT HE DID -- HE WAS NOT AWARE THAT, YOU KNOW, PERMIT IS REQUIRED.
THERE WERE NUMEROUS TREES CUT DOWN ON THE PROPERTY, LIKE THE STATUTE SAYS, THAT THERE'S A MAXIMUM PENALTY.
SO OBVIOUSLY IF SOMEBODY MAKES A MISTAKE, IT DOESN'T JUST KEEP ADDING UP FOR A HOMEOWNER. IT'S TYPICAL, THOUGH, THAT MOST CITIES AND COUNTIES DO HAVE ORDINANCES PROTECTING MATURE TREES THAT THEY REQUIRE PERMITS TO BE CUT DOWN.
>> ANYTHING FURTHER FROM CITY STAFF?
WOULD YOU LIKE TO RESPOND? YOU JUST SWORE THEM IN, CORRECT? YES. OKAY.
>> WE'RE NEW TO THE AREA. AND I WAS NOT FAMILIAR THAT YOU NEEDED A PERMIT TO TAKE CARE OF TREE WHEN IT GETS DAMAGED.
AND THE TREE WAS A LARGE OAK TREE.
IT WAS STRUCK BY LIGHTNING UP IN THE TOP PART OF THE TREE.
SOME BRANCHES BROKE. ONE BROKE THE FENCE.
ANOTHER PIECE WAS HANGING AND ALSO THERE WAS SOME BRANCHES THAN JUST FALLING OFF. THE CENTERS -- IT LOOK LIKE THERE WAS SOME KIND OF INSECT DAMAGE OR SOMETHING GOING ON.
THERE WAS A STORM COMING AND I TRIED TO TAKE CARE OF THAT BEFORE IT FELL. I HAVE NEIGHBORS BEHIND ME.
THEY HAVE A POLE WITH A -- POOL WITH A SCREENED-IN COVER.
AND THEY HAVE SOME SMALL CHILDREN.
AND THE TREE HUNG OVER THE FENCE INTO THEIR YARD.
ALSO THE OTHER YARD NEXT TO ME IS ALSO A PLACE WHERE THERE'S SOME KIDS NOW THAT PLAY IN THE BACKYARD.
AND WITH THE STORM THAT WAS COMING, I WANTED TO GET IT OUT, PRIOR TO ANY STORM. AND THERE WAS SOME OTHER SMALLER
[00:20:08]
TREES THAT WERE TAKEN DOWN. AND IN ORDER TO GET TO THE BIG TREE, THERE WAS LIKE A SMALLER MANGO TREE THAT HAD TO GET CUTDOWN OUT OF THE WAY. >> CAN I ASK MR. BERTRAM.
>> I HAVE PICTURES ALSO. >> DO YOU WANT THE SPECIAL
MAGISTRATE TO VIEW THOSE? >> YES.
>> OKAY. IF YOU WANT TO HAND THEM TO ME,
I CAN -- I CAN PASS THEM TO HER. >> IF THE TWO OF YOU WANT TO
MAKE SURE THEY'RE ACCURATE. >> IF I'M ABLE TO SAY WHAT THEY
>> PICTURES THAT SHOW THE -- LIKE THIS ONE SHOWS THE --
>> PUT IT ON THE OVERHEAD. SO EVERYBODY CAN SEE.
>> SURE. >> WHAT WE'RE GOING TO DO IS WE'RE GOING TO PUT THEM ON THE OVERHEAD SO THEY SHOW FOR EVERYBODY TO SEE AND YOU CAN EXPLAIN THEM AS WE GO THROUGH
>> CAN ISAAC -- CAN THEY FLIP THROUGH THOSE REAL QUICK AND
MAKE SURE THEY'RE ACCURATE. >> OKAY.
>> SO SPECIAL MAGISTRATE, ON THEIR BEHALF, HE'LL SEEK TO ADMIT THOSE AS RESPONDENTS' EXHIBIT ONE, AS A COMPOSITE.
>> WHAT WE'LL DO IS GO THROUGH SO HE CAN EXPLAIN.
>> OKAY. >> THE PHOTOS SUBMITTED BY THE RESPONDENT WILL BE ENTERED AS THEIR COMPOSITE EXHIBIT ONE.
>> SIR, YOU CAN NARRATE TO THE SPECIAL MAGISTRATE, YOU KNOW,
WHAT SHE'S SEEING. >> CAN YOU SEE THEM?
>> YES. >> IS THERE ANYTHING YOU WANT TO SAY ABOUT THIS PHOTO FOR THE SPECIAL MAGISTRATE?
>> YOU CAN GO BACK TO THE FIRST ONE.
>> THE FIRST PHOTOGRAPH SHOWS THE BOTTOM OF THE TREE.
AND THAT'S -- THAT'S SHOWING AROUND THE --
>> SIR, IF YOU WANT TO COME HERE.
SIR, I'LL LET YOU DO THE PHOTOS AND YOU CAN NARRATE THROUGH.
>> ALL RIGHT. >> THIS AREA HERE --
>> RIGHT. >> IS WHERE IT WAS BURNT FROM THE LIGHTNING THAT STRUCK THE TREE.
AND THERE WAS -- LIKE I SAID THERE WAS MORE DAMAGE UP TOP.
THE NEXT PHOTOGRAPH SHOWS A TREE, LIKE IT IS NOW.
AND YOU CAN SEE A LITTLE BIT -- LIKE THIS AREA HERE -- THIS AREA HERE, HERE. AND THIS ONE HERE.
SHOWS THE AREAS THAT HAVE LIKE SOME KIND OF DAMAGE INSIDE. IT'S HOLLOWED OUT, EITHER INSECT DAMAGE OR SOME OTHER KIND OF THING GOING ON.
THIS FENCE SHOWS -- THIS PICTURE SHOWS THE FENCE WITH THE DAMAGE FROM THE TREATED -- THE BRANCH THAT FELL.
AND LUCKILY NOBODY GOT HURT WHEN IT DID FALL.
AND ALSO MY SHED SHOWS -- SHOWS DAMAGE ON THE SHED.
AND WHERE A BRANCH HIT THE TOP. AND THE SIDE, KNOCKED SOME SIDING OFF OF IT WHEN IT CAME DOWN.
THIS IS ANOTHER PICTURE SHOWING A DIFFERENT ANGLE ON THE FENCE THAT WAS DAMAGED. IT WAS A PRETTY LARGE BRANCH THAT CAME DOWN. THIS SHOWS A LITTLE MORE OF A CLOSE-UP OF THE -- I BELIEVE IT'S INSECT DAMAGE.
THE HOLES IN THE CENTER OF THE TREE.
THERE'S A NUMBER OF HOLES IN THIS BRANCH.
THIS IS ANOTHER ONE THAT HAS SOME KIND OF DAMAGE ON THE INSIDE, WHERE IT'S STARTING TO HOLLOW OUT, WEAKENING IT I'M SURE. THIS ONE ALSO -- THIS ONE HERE IS TOTALLY HOLLOWED OUT. HERE'S ANOTHER ONE THAT'S HOLLOWED OUT. ANOTHER ONE.
AROUND THIS ONE YOU CAN SEE A LITTLE BETTER.
IT'S HOLLOWED OUT HERE, HERE, HERE.
[00:25:02]
AND A FEW OTHER SPOTS. THERE'S ANOTHER ONE WITH THE BRANCH HOLLOWED OUT. A LITTLE HARD TO SEE, BUT THERE'S A NUMBER OF -- JUST ABOUT -- MORE THAN HALF OF ALL OF THE BRANCHES ARE LIKE IN THAT CONDITION.THIS IS A PICTURE OF THE WOOD ON THE GROUND, SHOWING THE HOLE.
ONE OF THE HOLES THAT'S -- I BELIEVE IT'S SOME KIND OF INSECT DAMAGE. THIS IS A BRANCH THAT JUST HAPPENED TO FALL OFF. BRANCH THAT FELL OFF HAD THE HOLLOWED OUT ALSO. THIS ONE IS SHOWING SOME OF THE WOOD THAT WAS CUT OFF. DAMAGE HERE ON THIS ONE.
THIS ONE IS HOLLOWED OUT. A LITTLE MORE CLOSE-UP.
THIS ONE IS THE END OF ONE THAT WAS BROKEN OFF WITH THE CENTER HOLLOWED OUT. ANOTHER PIECE OF ONE THAT WAS JUST BROKEN OFF. AND HERES A PICTURE OF ONE THAT'S GOT THE HOLLOWED OUT AREA FROM BEING -- AFTER IT WAS CUT. IT WAS BROKEN OFF AND IT WAS HOLLOWED. AND ONE THAT WAS -- IT LOOK LIKE
>> MAGISTRATE, IF YOU CAN JUST GIVES US A MOMENT.
>> SURE. >> CAN I JUST ASK, SINCE I'M -- WHEN WAS THE TREE -- WHEN DID YOU HAVE THE TREE CUT DOWN?
>> IT WAS -- DO YOU REMEMBER WHAT DAY IT WAS?
>> IT WAS SHORTLY BEFORE THE LAST STORM?
>> OKAY. BEFORE THE BIG STORM WAS COMING.
>> AND THAT CAME INTO CONSIDERATION I ASSUME?
>> YES. >> WE ALSO TRY -- WE JUST MOVED TO THE HOUSE. SO WE'RE TRYING TO MAKE IT LOOK BETTER. WE JUST LIKE DOING LIKE, YOU KNOW, WORK. I LOVE PLANTS.
I HAVE A BUNCH OF THEM. SO, YEAH, JUST LIKE WE DIDN'T DO IT -- BECAUSE WE DIDN'T LIKE IT OR ANYTHING.
>> OKAY. I JUST WANTED TO GET THE
TIMEFRAME. >> SO DID YOU PAY A COMPANY TO DO THIS OR WERE YOU DOING THIS ON YOUR IT ON MY OWN.
WITH SOME HELP. >> YOU WERE DOING IT ON YOUR
>> OKAY. SIR, IF MR. BERTRAM COULD SIT BACK DOWN, THE CITY ATTORNEY WOULD LIKE TO ASK A COUPLE OF QUESTIONS. CAT, CAN WE CHANGE THAT BACK?
>> SO, MR. BERTRAM, CAN YOU TELL US YOUR FULL NAME, PLEASE.
>> PAUL BERTRAM. >> AND HOW ARE YOU EMPLOYED?
WHAT'S YOUR JOB? >> A COUPLE DIFFERENT.
I'M THE URBAN FORESTER FOR THE CITY OF FORT PIERCE.
THAT'S WHY I'M HERE TODAY. >> I'M LAYING SOME GROUNDWORK
[00:30:01]
FOR WHAT YOUR EXPERTISE IS IS WHAT I'M DOING.WHAT QUALIFICATIONS DO YOU HAVE TO BE THE URBAN FORESTER?
>> I HAVE A DEGREE IN URBAN FORESTRY AND I'M A CERTIFIED
ARBORIST. >> AND HOW LONG HAVE YOU DONE THAT? HOW LONG HAVE YOU HAD THE
>> SO YOU SAW THE PHOTOGRAPHS THAT THE RESPONDENT PRESENTED,
>> WHAT IS YOUR OPINION OF THOSE PHOTOGRAPHS?
WHAT DO THEY DEPICT? >> THERE WAS SOME DAMAGE TO THE TREE. AND OBVIOUSLY SOME SPOTS THAT WERE ROTTEN AND A FEW DECAYS. MOST TREES THAT SIZE DO HAVE SOME TYPE OF INSECT DAMAGE AND STUFF IN THEM.
>> HOW LARGE WAS THIS TREE? >> IT WAS FULL MATURE TREE.
PROBABLY 38 TO 45 INCHES. >> OKAY.
THAT'S A DBH. >> YOU'RE TALKING DBH.
>> KIND OF MEASURING IN A CIRCLE.
>> WHEN I THINK OF TREES, BECAUSE I'M NOT IN YOUR FIELD, I THINK OF HEIGHT. SO HOW TALL IS THIS TREE?
>> THAT'S DIFFICULT TO SAY, BECAUSE WE DIDN'T SEE IT BEFORE IT WAS CUT DOWN. BUT I WOULD SAY AT LEAST 40 FEET. DOES THAT SOUND RIGHT TO YOU? MAYBE LARGER. MAYBE SMALLER.
>> OKAY. >> I'M SO THE SURE OF THE HEIGHT. THE LIGHTNING CUT IT DOWN A
LITTLE. >> SO, MR. BERTRAM, THE TESTIMONY REGARDING THE INSECT DAMAGE AND THE LIGHTNING STRIKE, FROM WHAT YOU OBSERVED, WOULD THAT HAVE REQUIRED THE ENTIRE
TREE TO BE REMOVED? >> IF IT WAS STRUCK BY LIGHTNING, PROBABLY. I DIDN'T SEE THAT DAMAGE.
I COULD SEE WHAT HE WAS POINTING OUT ON IT.
IT'S POSSIBLE. TYPICALLY THAT'S WHY WE DO THE PERMIT PROCESS, IS THAT WE COME OUT AND WE LOOK AT IT AND MAKE THAT DETERMINATION, WHILE THE TREE IS STILL STANDING AND IT GIVES US A BETTER IDEA OF THE OVERALL PICTURE OF, YOU KNOW, THE HEALTH OF THE TREE AND WHAT'S GOING ON WITH IT.
I'M NOT SURE ABOUT, YOU KNOW, YOU SAID YOU CUT IT DOWN YOURSELF. THERE'S PARTICULAR SMALL TREE SERVICE THAT'S BEEN WORKING IN THAT AREA.
THEY'VE BEEN CUTTING A LOT OF STUFF DOWN.
I DID SEE THE BUCKET TRUCK PULL BACK UP TO THE FRONT OF YOUR HOUSE WHEN I CAME BACK AROUND. SOME OF THE CONTRACTORS THAT DO GO AROUND THESE AREAS DO WORK AND STUFF LIKE THAT, WITHOUT GOING THROUGH THE PROPER POLICIES.
BUT THIS -- THIS TREE PERMITTING THING HAS BEEN IN EFFECT FOR A LONG TIME IN THE CITY OF FORT PIERCE.
THIS IS ONE OF THE FEWER CASES WE'VE HAD IN THE LAST FEW YEARS.
MOST ALL OF THE TREE SERVICES AND PEOPLE DO KNOW THAT THERE'S
A PERMIT REQUIRED. >> SO WHAT I AM TRYING TO GET AT IS WHETHER ULTIMATELY -- AND IF YOU CANNOT EXPRESS AN OPINION, THAT'S FINE. WHETHER ULTIMATELY YOU WOULD HAVE BEEN GRANTED A PERMIT TO REMOVE THE TREE, BASED ON WHAT
HE'S TESTIFIED TO? >> THERE'S A POSSIBILITY.
BUT AGAIN IT'S HARD TO DETERMINE WITHOUT HAVING THE TREE STOOD UP. AT THIS POINT WHAT'S LEFT OF THE TREE IS PROBABLY GOING TO HAVE TO BE CUT DOWN.
BECAUSE OBVIOUSLY IF IT WAS DAMMED ENOUGH THAT IT HAD TO BE CUT DOWN, THEN IT'S NOT GOING TO GROW BACK INTO A HEALTHY TREE.
>> HAVE YOU BEEN ABLE TO GO AND INSPECT WHAT'S LEFT OF THE TREE?
>> YES. IT WAS LIKE THAT WHEN WE WERE ON
SO FROM WHAT'S LEFT, ARE YOU ABLE TO MAKE A DETERMINATION AT THIS POINT AS TO WHETHER THE ENTIRETY WILL NEED TO BE
REMOVED? >> THE REST OF THE TREE?
>> YES. >> YES, THE REST OF THE TREE
DOES NEED TO BE REMOVED. >> IS THAT BECAUSE OF DAMAGE TO THE TREE OR BECAUSE OF HOW FAR BACK IT WAS CUT?
>> HOW FAR BACK IT WAS CUT. >> OKAY.
>> IS IT YOUR UNDERSTANDING THAT THE INTENT WAS TO REMOVE THE
ENTIRE TREE? >> WE NEVER TALKED ABOUT THAT.
I DON'T THINK. >> WE DID WANT TO REMOVE THE TREE. WE WERE WORRIED ABOUT HOW SHORT AND STUFF. BUT DEFINIELY NOT.
HE LOVES TREES, TOO. >> SO, MR. BERTRAM, THE REQUEST -- THE RECOMMENDATION TO THE SPECIAL MAGISTRATE IS FOR $5,000 FOR THE FINE. IS THERE ANY WAY IN WHICH YOU BELIEVE LOWERING THAT FINE CAN BE MITIGATED BY PLANTING ADDITIONAL TREES ON THE PROPERTY OR ANYTHING THAT WOULD REMEDY TO
WHERE THE FINE COULD BE REDUCED? >> YEAH.
I CAN TOTALLY UNDERSTAND THAT, NEW TO THE AREA AND THAT THEY WERE UNAWARE THE PERMIT WAS REQUIRED.
DEFINITELY DOES SHOW THAT THERE'S SOME DAMAGE TO THE TREE AND THAT THERE'S A POSSIBILITY THAT IT MAY HAVE QUALIFIED FOR A PERMIT TO BEGIN WITH. TYPICALLY IN THESE SITUATIONS
[00:35:04]
IT'S HARD TO DETERMINE TREE THAT WOULD BE REPLANTED OR A NUMBER OF TREES THAT COULD BE REPLANTED, IN ORDER TO MAKE UP FOR THAT SIZE OF A TREE. DID YOU GUYS HAVE ANY KIND OF PLANS OFF PLANTING ANYTHING ELSE BACK IN ITS PLACE?>> THE INTENT WAS ONCE WE GOT IT CUT AND THE WAY IT IS NOW, WE BELIEVE THAT IT WAS GOING TO GROW BACK.
BUT ALSO ONCE IT WAS CUT, WE SAW THE DAMAGE INSIDE OF, YOU KNOW, THE BRANCHES THAT WERE ALL HOLLOWED OUT BY THE INSECTS OR WHATEVER IS GOING ON THERE. SO AT THIS POINT IT LOOKS LIKE WE DO HAVE TO TAKE IT THE REST OF THE WAY DOWN PROBABLY.
>> WE PLAN TO DO SOME LANDSCAPING, BECAUSE WE'RE TRYING TO MAKE IT LOOK BETTER. SO I DO WANT TO PLANT SOME PLANTS AND LIKE -- I LIKE THAT. WE'RE JUST TRYING TO MAKE IT -- LIKE CLEAR. BECAUSE WE JUST MOVED THERE.
WE'RE JUST TRYING TO MAKE IT LOOK NICE.
THAT'S ALL. >> SO WHY DON'T WE DO THIS.
WHY DON'T WE PASS THIS FOR A MINUTE AND HAVE THEM GO OUTSIDE AND TALK AND SEE IF THERE'S SOMETHING THAT THEY CAN AGREE TO, TO WHERE BOTH SIDES MAYBE AREN'T HAPPY.
BUT CAN LIVE WITH IT. IS THAT ACCEPTABLE, SPECIAL
MAGISTRATE? >> THAT'S FINE WITH ME.
I JUST WANT TO NOTE THAT I -- FROM WHAT I HAVE SEEN, THAT THEY -- THEIR INTENT WAS NOT TO BYPASS A PERMIT, BUT TO DO THE SAFE THING. SO I'D LIKE -- THE CITY TO TAKE THAT INTO CONSIDERATION, IF THEY WOULD.
>> OKAY. IF YOU -- IS THAT OKAY WITH YOU ALL, IF YOU AND MR. BERTRAM HAVE A CONVERSATION OUTSIDE AND SEE IF THERE'S SOME SORT OF RESOLUTION YOU ALL CAN COME TO, WHERE EVERYBODY IS HAPPY OR CAN LIVE WITH IT?
WE'LL DO THAT. WE'LL GO ON TO THE NEXT CASE.
>> I CAN ASK A QUESTION. WHAT WOULD HAVE BEEN THE COST OF
THANK YOU. >> OUR NEXT CASE IS 22-1091, 704
[D. 22-1091 CE 704 N 13th Street Alfredia W Agnew, Linton Agnew (EST) Heather Debevec]
NORTH 13TH STREET. ALFREDIAL.-- ALFREDIA AGNEW. >> JUST GOING TO HAVE A SEAT.
>> GO AHEAD. >> HAS SHE BEEN SWORN?
>> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 22-1091.
704 NORTH 13TH STREET. OWNED BY ALFREDIA AGNEW, LINTON AGNEW ESTATE. IT WAS FOR IPMC304.2, PROTECTIVE TREATMENT. REQUESTED TO OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND REPAIR THE SOFFIT ROOF OVERHANG ON THE NORTH SIDE OF THE BUILDING, PRESSURE WASH THE BUILDING, SINCE THERE'S BLACK MARKS SHOWING UPON THE SOUTH SIDE. PAINT THE PEELING AREA ON THE WEST SIDE BY THE DOOR. CITY REQUESTING IF THE SPCA FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT, COMPLY WITH THE PERMIT CONDITIONS OR A FINE OF $100 PER DAY BE ASSESSED. I DO HAVE PHOTOS IN WHICH TO SUBMIT. AND MS. AGNEW HAS VIEWED THESE PHOTOS. I'M SO SORRY.
THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PROPERTY
AS YOU OBSERVED IT? >> THEY DO.
>> AND DO YOU HAVE PHOTOGRAPHS FROM MARCH AND THEN OF OCTOBER,
WHEN YOU OBSERVED THE PROPERTY? >> YES, MA'AM.
>> ARE THEY DATE AND TIME STAMPED?
>> YES, MA'AM. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE, THE COMPOSITE EXHIBIT ONE.
>> THE PHOTOGRAPHS WILL BE ENTERED A COMPOSITE NUMBER ONE FOR THE CITY. OKAY.
ANYTHING ELSE? >> NOT AT THIS TIME.
>> OKAY. MA'AM, WOULD YOU LIKE TO RESPOND? OR POINT ANYTHING OUT?
>> NO. WHEN THE VIOLATION STARTED, I WAS GOING THROUGH QUITE A BIT. I JUST LOST MY HUSBAND.
PANDEMIC SET IN AND EVERYTHING. THE CITY HAD FACADE GRANTS.
I REMEMBER APPLYING FOR ONE BACK IN 2019.
AND I WAS TOLD THAT THE -- IT WAS ONLY THE AVENUE D CORRIDOR THAT WAS AVAILABLE. AND COME BACK -- SO I APPLIED
[00:40:03]
AGAIN IN 2020. ALL THE FUNDS WERE TAKEN OR SOMETHING. IT'S BEEN SO MUCH.AND I REALLY WANT TO GET IT REPAIRED.
BUT I'M REALLY NOT SURE WHAT I'M GOING TO DO WITH THE BUILDING.
I'M GOING TO JUST BE HONEST. I JUST NEED A LITTLE MORE TIME TO JUST -- I WAS HERE THE OTHER DAY AND TALKED WITH THE BUILDING DEPARTMENT TO FIND OUT, YOU KNOW, EXACTLY WHAT I NEED DONE AND STUFF. AND I GUESS I'M GOING TO HAVE TO -- BEING A COMMERCIAL PROPERTY, I'M GOING TO HAVE TO GET A LICENSE, YOU KNOW, CONTRACTOR TO PULL THE PERMITS.
BECAUSE THEY WON'T ALLOW ME TO PULL THEM, YOU KNOW.
>> BECAUSE IT'S COMMERCIAL. >> WELL, I'M WORKING ON IT.
>> OKAY. WHEN YOU SAY YOU NEED -- DO YOU
>> BECAUSE THEY'RE PROPOSING 30 DAYS.
>> THIS IS OCTOBER. COULD I POSSIBLY HAVE AT LEAST 60? THAT WOULD GIVE ME AROUND THE END OF THE YEAR. AND THAT WILL BETTER PREPARE ME AS TO, YOU KNOW, WHAT I'M GOING TO DO BEFORE I START INVESTING
MONEY INTO SOMETHING, YOU KNOW. >> SPECIAL MAGISTRATE, SHE MAY NEED PERMITS, GIVEN THE WORK THAT NEEDS TO BE DONE.
SO THE CITY HAS NO OBJECTION TO 90 DAYS TO COMPLIANCE, TO COMPLY, OBTAIN THE PERMIT AND COMPLY WITH ALL PERMIT
THEN YOU'LL HAVE 90 DAYS. >> GOOD.
THAT WILL BE ABOUT THE END OF THE YEAR.
>> HOPEFULLY ENOUGH TIME. ALL RIGHT.
AND IF YOU DON'T COMPLY -- COMMUNICATE WITH THE CITY IF
YOU'RE MAKING PROGRESS OR NOT. >> I'VE BEEN TALKING WITH HEATHER. I STARTED TALKING TO HER WHEN I FIRST GOT THE VIOLATION, YOU KNOW.
>> OKAY. >> I'M JUST OLD LADY.
GIVE ME A LITTLE BIT OF TIME. I'LL GET IT WORKED OUT.
>> OKAY. WELL, YOU HAVE 90 DAYS AND 30
DAYS TO APPEAL AS WELL. >> THEN IT WOULD BE $100 PER
DAY? >> $100 PER DAY, AFTER THE 90
DAYS. >> WOULD I HAVE TO COME BACK BEFORE THE SPECIAL MAGISTRATE BEFORE $100 BE IMPOTIONED? HOW WOULD I BE NOTIFIED I'M NOT IN COMPLIANCE?
>> YOU WOULD BE SENT A LETTER TO LET YOU KNOW THAT YOU'RE NOT IN COMPLIANCE. BUT IF YOU STAY IN CONTACT WITH MS. DEBEVEC, SHE -- SHE'LL COMMUNICATE WHAT YOU NEED TO KEEP DOING TO KEEP WORKING ON IT.
AND I KNOW YOU MENTIONED GRANTS. I WOULD SUGGEST CALLING OUR GRANTS DEPARTMENT. I'M NOT SURE WHAT'S AVAILABLE.
BUT IF YOU CALL THEM, THERE MAY BE SOMETHING THAT IS AVAILABLE THAT YOU COULD APPLY FOR. SO I COULD GIVE THEM A CALL.
>> I DID ABOUT A MONTH AGO. THERE WASN'T ANYTHING AVAILABLE.
>> IT DOESN'T HURT TO FOLLOW UP. >> OKAY.
>> THANK YOU. >> NICE TO MEET YOU, HEATHER.
>> TAKE CARE. >> OUR NEXT CASE IS 22-2316,
[F. 22-2316 CE 2536 Mohawk Avenue James Benedict Summerlin Heather Debevec]
2536 MOHAWK AVENUE. JAMES BENEDICT SUMMERLIN.>> I'M HERE TO REPRESENT MR. SUMMERLIN.
HE'S INCARCERATED. I'M HIS GIRLFRIEND FOR SIX YEARS. AND I'VE BEEN TRYING TO MANAGE HIS PROPERTY. WE DIDN'T HAVE THE RIGHT ADDRESS. I HAVE HIS I.D. HERE.
AND WE DIDN'T GET ALL OF THE LETTERS TO CONFORM TO THIS.
BUT I'LL TAKE CARE OF IT THIS WEEK -- OR TODAY.
SOME OF IT. WE'LL GET RID OF THE CAR THAT'S
ON THE PROPERTY. >> MAY I HAVE YOUR NAME FOR THE
RECORD, PLEASE. >> ALISA SMITH.
I HAVE MY LICENSE, IF YOU NEED IT.
>> WE DON'T, MA'AM. HE KNOWS THAT YOU'RE HERE ON HIS BEHALF TODAY? AND HE ASKED YOU TO APPEAR ON
>> OKAY. SO IT SOUNDS TO ME LIKE YOU'RE NOT CONTESTING THE VIOLATION? YOU AGREE THAT THE VIOLATIONS EXIST? YOU JUST NEED SOME TIME TO TAKE
>> OKAY. SO THE RECOMMENDATION, FROM THE CITY, IS FOR TEN DAYS. CAN YOU HAVE IT ALL DONE IN TEN DAYS? OR DO YOU NEED MORE TIME THAN
THAT? >> CAN YOU GIVE ME A LITTLE MORE TIME. I'LL GET RID OF THE CAR TODAY.
I JUST NEED TO FIND SOMEBODY TO LANDSCAPE IT.
>> HEATHER. >> WOULD 15 BE ENOUGH?
>> 15 IS FINE. >> WE'LL DO 30.
>> SPECIAL MAGISTRATE, WE'LL ASK FOR 30 DAYS TO COMPLY OR A FINE OF $100 PER DAY. IS THAT ACCEPTABLE, MA'AM?
>> THE FINE DOES NOT START UNTIL -- YOU WOULD BE ASSESSED THE FINE, IF IT'S NOT DONE IN THE 30 DAYS.
>> CAN I TAKE A PICTURE WITH MY PHONE, SO I CAN SEE EXACTLY WHAT
>> I DON'T HAVE THIS. >> YES, YOU CAN.
BUT WE WILL ALSO SEND A LETTER OUT.
IF YOU WOULD LIKE TO GIVE CAT OVER THERE YOUR EMAIL ADDRESS, SHE CAN GO AHEAD AND EMAIL THE ORDER TO YOU AS WELL.
THAT WAY YOU HAVE THAT. WE'LL SEND IT IN THE MAIL TO MR. SUMMERLIN'S ADDRESS. BUT SHE CAN EMAIL YOU A COURTESY
COPY. >> I NEED TO UPDATE HIS ADDRESS.
I HAVE IT ON HIS LICENSE. >> THIS IS ALSO ALL AVAILABLE
[00:45:02]
ONLINE, ON THE CITY OF FOR PIERCE WEBSITE.>> IF YOU HAVE ANY ISSUES, PLEASE CONTACT MS. DEBEVEC.
[I. 22-1445CE 603 S 15th Court Alex Shlenski Heather Debevec]
>>> NEXT CASE IS 22-1445, 603 SOUTH 15TH COURT.
ALEX SHLENSKI. >> SPECIAL MAGISTRATE, THIS IS 603 SOUTH 15TH COURT. CASE WAS INITIATED ON MAY 6TH OF THIS YEAR. FOR SECTION 125.325, SUBSECTION B, SUBSECTION 5. MAINTENANCE PERMIT REQUIRED.
SECTION 125-322, SUBSECTION 2, SECURITY FENCE BARBED WIRE, WHICH THE BARBED WIRE I'D LIKE TO REQUEST AN R&D ON.
I WAS REQUESTING THAT HE CONTACT THE PLANNING AND ZONING DEPARTMENT TO OBTAIN A PERMIT FOR THE FENCE OR REMOVE THE FENCE COMPLETELY. THE CITY IS REQUESTING THAT -- IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH THE PERMIT CONDITIONS OR REMOVE THE FENCE IN ITS ENTIRETY.
OR A FINE OF $100 PER DAY BE ASSESSED.
I DO HAVE PHOTOS IN WHICH TO SUBMIT, MR. SHLENSKI HAS NOT HAD AN OPPORTUNITY TO VIEW THOSE. SO I'M GOING TO HAND THEM TO HIM NOW. I HAVE BEEN IN CONTACT WITH MR. SHLENSKI BY EMAIL A LITTLE BIT.
I KNOW THAT HE HAD APPLIED FOR A PERMIT AT ONE TIME AND IT WAS DENIED. AND THEN WE HAD NOT REALLY COMMUNICATED TOO MUCH. BUT THE BARBED WIRE IS REMOVED AT THIS TIME.
[00:50:06]
>> SIR, DO YOU HAVE ANY OBJECTION TO THE ACCURACY OF
THOSE PHOTOGRAPHS? >> WELL, I REMOVED THE BARBED
WIRE. >> SO YOU'LL BE ABLE TO EXPLAIN ANYTHING YOU WANT THE SPECIAL MAGISTRATE TO KNOW.
I JUST NEED TO KNOW, BEFORE WE SHOW HER THE PHOTOGRAPHS, IF YOU THINK THE PHOTOGRAPHS ARE IS NOT ACCURATE?
BUT YOU AGREE THAT THEY WERE ACCURATE AT THE TIME THAT THEY
>> OKAY. SO, MS. DEBEVEC, ARE THE PHOTOGRAPHS -- DO THEY FAIRLY AND ACCURATELY DEPICK THE
PROPERTY AS YOU OBSERVED IT? >> GENTLEMAN.
>> DO YOU HAVE PHOTOGRAPHS FROM MULTIPLE DATES?
>> YES. ARE THEY DATE AND TIME STAMPED? AT THIS TIME THE CITY WILL MOVE IN COMPOSITE EXHIBIT ONE, THE
PHOTOGRAPHS. >> THE PHOTOGRAPHS WILL BE ADMITTED AS CITY'S COMPOSITE ONE.
>> AND, MS. DEBEVEC, ANYTHING FURTHER FOR THE SPECIAL
MAGISTRATE? >> NOT AT THIS MOMENT.
>> YOU DID SAY THAT THE BARBED WIRE HAS BEEN REMOVED?
>> YES, MA'AM. THE BARBED WIRE APPEARS TO BE
>> AND THAT'S IN THE -- REFLECTED IN THE LAST PICTURES?
>> YES, MA'AM. THEY WOULD HAVE BEEN TAKEN
OKAY. SIR, DID YOU WANT TO RESPOND TO -- I SEE THE PICTURES SHOW THAT THE BARBED WIRE HAS BEEN REMOVED. CORRECT?
>> YES. >> HAVE YOU APPLIED FOR A PERMIT
THAT'S, YOU KNOW, I -- I APPLIED FOR THE PERMIT.
AND THE BUILDING DEPARTMENT TOLD ME THERE IS SOME PROVISION THAT IF THE LAND DOESN'T HAVE A PERMIT STRUCTURE, I HAVE TO GO THROUGH A DPRCPROCEDURE, WHICH I DID.
>> MS. DEBEVEC, CAN YOU TAKE A LOOK AT WHAT HE IS HANDING UP.
DO YOU KNOW WHAT IT IS? >> IT ANS TO BE THE APPLICATION FOR THE DEPARTMENT -- FOR THE DEVELOPMENT PERMIT COMPLIANCE REVIEW APPLICATION. THIS IS WHAT IT IS.
IT'S A PHOTOCOPY OF AN APPLICATION.
>> OKAY. >> SIR, DO YOU WANT THAT MOVED INTO EVIDENCE? MEANING IT WILL BE PART OF THE
>> AND THE SPECIAL MAGISTRATE WILL TAKE A LOOK AT IT?
OKAY. >> THIS WAS DONE RECENTLY?
I'M JUST FILLING OUT AN EXHIBIT TAG FOR IT.
AND WE WILL SEEK TO MOVE IN THAT ON BEHALF, AS RESPONDENT'S
>> YES, MA'AM. >> THE TWO-PAGE EXHIBIT WILL BE ENTERED AS RESPONDENT'S EXHIBIT ONE.
>> THAT'S NOT THE WHOLE STORY. CAN I PROCEED?
>> YES, YOU MAY. >> THAT APPLICATION HAS BEEN DENY, ON THE GROUND THAT THERE'S AN ORDINANCE THAT PROHIBITS THE FENCES ON THE -- WHAT THEY CALL VACANT LOOED.
OKAY. HERE IS THE EVIDENCE, YOU KNOW.
LOTS OF ARTICLES ONLINE THAT ADVISE OTHERWISE.
YOU KNOW, THAT FENCING VACANT LOTS DECREASES CITY BLIGHT AND KEEPS DOWN THE LOCAL CRIME. AND I JUST PRINTED OUT TWO OF
THOSE. >> SIR, DO YOU WANT THAT MOVED INTO EVIDENCE, AS AN EXHIBIT AS WELL?
SO, SPECIAL MAGISTRATE, I AM NOT GOING TO OBJECT TO THEM BEING MOVED IN. BUT I WILL BE HONEST.
I DON'T KNOW THAT THERE'S MUCH WEIGHT THAT CAN BE GIVEN.
SO THAT'S THE CITY'S POSITION. BUT I DON'T HAVE AN OBJECTION.
SO I'LL MOVE IT IN >> IT'S AN ARTICLE?
>> THERE'S TWO ARTICLES. IT APPEARS MAYBE A CUT AND PASTE
[00:55:04]
OF THEM. BUT I WILL, ON HIS BEHALF, MOVED THEM IN AS RESPONDENT'S EXHIBIT TWO.>> OKAY. IS IT MY UNDERSTANDING, FROM THE RESPONDENT'S STATEMENT, THAT HE'S SUGGESTING THAT HAVING THE FENCE AROUND A VACANT LOT IS -- HE'S NOT GOING TO GET A PERMIT
FOR THAT? >> THAT IS MY UNDERSTANDING, FROM SPEAKING WITH STAFF, IS THAT BECAUSE THERE'S NOT THE PERMANENT STRUCTURE, HE WOULD NOT BE PERMITTED TO HAVE A FENCE ON THAT PROPERTY. SO HE WOULD NOT BE ABLE TO GET A PERMIT. SO WHAT HE WOULD BE LEFT WITH IS
REMOVAL OF THE FENCE. >> OKAY.
>> WHICH IS NOT GOING TO HAPPEN. CAN I PROCEED?
I WILL ENTER THIS AS YOUR EXHIBIT NUMBER TWO.
RESPONDENT NUMBER TWO >> YEP, PLEASE.
>> OKAY. NOW I PREPARE A LITTLE WRITE-UP.
BECAUSE MY FIRST LANGUAGE IS UKRAINIAN.
EVEN THOUGH I'M FLUENT ENOUGH IN ENGLISH, I'M HERE FOR 24 YEARS.
I STILL SOMETIMES NEED SOME CHEAT SHEET TO STICK TO.
>> OKAY. >> AND BEFORE YOU BEGIN, I WROTE THE WRONG CASE NUMBER. IF I CAN HAVE HIS LAST EXHIBIT.
YOU CAN GO AHEAD. >> GO AHEAD, PLEASE.
>> IF I SPEAK UKRAINIAN FREELY, I WOULDN'T BE -- ANY MORE UNDERSTANDING. SO I'D RATHER -- OKAY.
SO A LITTLE INTRODUCTION. I'M AN I.T. PERSON.
I'M A SYSTEM ANALYST. AS USUAL, I DID MY HOMEWORK AND I MADE THE RESEARCH. SO HERE'S THE CITY ATTORNEY'S GUIDE, LAND USE APPEALS AND STUFF BY CHRISTOPHER DONOVAN.
AND THAT, YOU KNOW, IT'S -- IT'S A FREE BOOK.
IT CAN BE DOWNLOADED ONLINE. AND IT SAYS THAT LAND USE APPEAL AND PETITION FOR FIRST TIER CERTIORARI REVIEW OF A CITY QAUSI JUDICIAL. THAT'S WHO I HAVE APPEAL TO.
AND HERE'S ANOTHER REMARK. IS THAT THE QUASI JUDICIAL PROCEDURE ARE REVIEWABLE BY A CERTIORARI IS CONDITIONAL USE SPECIALIST PERMITS, CITES SPECIFIC REASONS.
THAT'S A QUASI JUDICIAL PROCEDURE.
AND THE HANDBOOK SAYS THAT THE DECISION MAKER SHOULD KNOW THAT THE RESULTING LAND USE DISPUTES, THEY ARE SITTING IN A QUASI JUDICIAL PROCEDURE, NOT A LEGISLATIVE CAPACITY.
CITIES CANNOT LEGISLATE FOR QUASI JUDICIAL DECISIONS, WHICH MEANS IT CANNOT CREATE A LAW. IT CAN ONLY APPLY, EXIST LAW TO A STANDARD SITUATION. OKAY.
WHEN CITY GOVERNMENT ENFORCED THE CITY ORDINANCE, THAT BANS FENCING OF VACANT LOT, IT IS LEGISLATING.
BECAUSE IT CREATES A JUDICIAL PRECEDENT THAT VIOLATES THE 4TH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES. THE RIGHT OF PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS AND EFFECTS -- EFFECTS IS THE OPERATIVE WORD. BECAUSE THE FENCE IS AN EFFECT.
AGAINST UNREASONABLE SEARCHES AND SEIZURES.
SEIZURES IS NOT OPERATIVE WORD. SHALL NOT BE VIOLATED AND NO WARRANTS SHALL ISSUE. BUT UPON PAUSE, SUPPORT -- PROBABLY CAUSE SUPPORTED BY PARTICULAR DESCRIBING THE PLACE TO BE SEARCHED AND THE PERSON OR THINGS TO BE SEIZED.
OKAY. SO NOW THE CITY OF FORT PIERCE IS ABOUT TO MAKE A DECISION TO SEIZE MY FENCE.
THE ONLY EFFECT THAT PROTECTS ME AND MY LOVED ONES, FROM THE LOCAL CRIME AND MAKES ME, MY GIRLFRIEND AND HER MINOR SON INSECURE AND VULNERABLE TO VIOLENT CRIMINALS INFESTING THE AREA. AND I'M TELLING YOU.
WHEN I CAME THERE, MY NEIGHBOR SAID, YOU KNOW, IT'S NOT OUT OF THE PAPER. THERE WAS SIX BREAK-INS IN HIS HOUSE, WHICH NEIGHBORING MY LAND.
ON MY LAND, YOU KNOW. I HAD TO REMOVE THE VOMIT, BLOOD AND TRASH AND SYRINGES AND EVERYTHING THAT THE LOW-LIFE
[01:00:01]
LEFT THERE. AND PEOPLE ARE COMING ON MY LAND, YOU KNOW, THEY WERE COMING BEFORE THE FENCE AND ASKING FOR MONEY. AND, YOU KNOW, ON THE STREETS AND EVERYTHING. YOU KNOW.BEFORE THE ACCIDENT I USED TO BE A STRONG MAN.
I CAN STAND FOR MYSELF. BUT WHY SHOULD I, YOU KNOW.
WHY SHOULDN'T I HAVE THE RIGHT JUST TO HAVE THE FENCE AND PROTECT MYSELF FROM ALL OF THOSE PEOPLE.
SO NOW YOU HAVE A CONTROVERSY. THE CITY GOVERNMENT IS EXCEEDING THE QUASI JUDICIAL CAPACITY. I MEAN, NOT YET.
AND IS LEGISLATING BY CREATING A JUDICIAL PRECEDENT THAT VIOLATES THE 4TH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES. YOU KNOW.
BUT SO NOW THE CONTROVERSY. THERE'S A 7TH AMENDMENT IN SUITS. COMMON LAW WHERE THE VALOR OF THE CONTROVERSY SHALL EXCEED $20.
AND MY FENCE IS $4,500. IT'S WAY MORE THAN $20.
THE RIGHT OF TRIAL BY A JURY SHALL BE PRESERVED AND NO TRIED BY A JURY SHALL BE OTHERWISE RE-EXAMINED IN COURT, IN THE UNITED STATES, THAT ACCORDING TO THE RULES OF COMMON LAW.
OKAY. SO THAT'S WHERE WE STAND RIGHT NOW. SO THE EASIEST SOLUTION WOULD BE JUST CORRECT THE CITY CODE, FOR CHRIST'S SAKE.
>> THAT'S WHAT YOU NEED TO DO. >> AND START IT WITH, YOU KNOW, MAKING THE SPECIAL INSTRUCTION -- BUILDING DEPARTMENT TO GIVE ME THE RIGHT TO GET MY PERMIT, YOU KNOW.
AND END OF STORY. CLOSE THIS CASE.
IT'S STATUTORY 100%. IT'S NOT EYE SORE.
IT'S NOT A DANGER TO THE PEOPLE. YOU KNOW, IT'S NOT -- IT DOES NOT CONTAMINANT THE LAND OR BOT -- CONTAMINATE THE LAND OR BODY OF WATER. LIKE I SAID 100% STATUTORY.
>> DOES THE CITY HAVE ANY QUESTIONS?
>> I DON'T HAVE ANY QUESTIONS. NO, MA'AM.
>> I JUST HAVE A -- THIS FENCE IS AROUND VACANT LAND, CORRECT?
>> WELL, IT'S -- IT MIGHT BE CALLED VACANT.
BUT IT'S, YOU KNOW, IT'S NOT ABANDONED.
YOU KNOW, I TAKE CARE OF THAT LAND.
YOU KNOW, I HAVE A -- I USE IT AS A STORAGE FOR A TRAVEL TRAILER, YOU KNOW, WHICH IS 100% AUTONOMOUS.
IT HAS THE ELECTRICITY, THE SOLAR PANELS, THE TOILET AND EVERYTHING. I PAY MONEY FOR CUTTING GRASS ON THAT LAND. AND I'M TRYING NOT TO MAKE IT ABANDONED LIKE THE PREVIOUS -- LIKE THE PREVIOUS OWNER.
>> I DON'T KNOW IF THAT -- ARE YOU -- IS YOUR HOME ADJACENT TO THIS? NO?
>> NO, I LIVE IN NORTH PALM BEACH.
>> OKAY. I JUST WANTED TO CLARIFY.
>> I WANT TO JUST -- >> IS IT NOT VACANT?
>> IT'S VACANT IN THE SENSE IT DOESN'T HAVE A PERMANENT STRUCTURE ON IT. SO THAT'S WHAT WE WOULD CONSIDER VACANT FOR THOSE PURPOSES. UNDER THE CODE, BEFORE HE CAN ERECT A FENCE, HE MUST HAVE A PERMIT.
SO HE ERECTED A FENCE WITHOUT A PERMIT.
SO THAT -- THAT'S WHERE THE VIOLATION COMES FROM.
HE HAS REMOVED THE BARBED WIRE, THAT WAS ON THERE, WHICH WAS ALSO A VIOLATION. BUT MS. DEBEVEC HAS REQUESTED AN R&D, BECAUSE HE HAS COMPLIED THAT VIOLATION.
SO THE CITY'S POSITION IS -- THE POINT THAT WE ARE AT IS WHAT HE HAS DONE IS IN VIOLATION OF THE CODE.
SO WE ARE ASKING THAT THE VIOLATION BE FOUND.
YOU HAVE DISCRETION REGARDING -- I BELIEVE IT'S UP TO $500 PER DAY. IT MIGHT BE 250.
BUT THE REQUEST WAS $400. BUT YOU HAVE THE DISCRETION ZERO UP TO THE MAXIMUM PER-DAY FINE FOR FAILING TO COMPLY.
THE WAY IN WHICH HE CAN COMPLY IS TO OBTAIN A FENCE -- OBTAIN A PERMIT OR REMOVE THE FENCE. THOSE ARE REALLY THE ONLY TWO LOGICAL OPTIONS THAT EXIST, BECAUSE THE FENCE IS NOW ALREADY ERECTED, WITHOUT THE PERMIT. THE FACT THAT THE CODE DOES NOT ALLOW HIM TO GET A PERMIT IS -- THAT IS THE CODE.
THE ONLY WAY TO CHANGE THAT IS TO CHANGE THE CODE.
THE CODE HAS NOT BEEN CHANGED. IT EXISTS AS IT IS NOW.
SO THAT'S REALLY WHERE HE IS AT. EITHER HE OBTAINS A PERMIT, WHICH HE IS NOT ABLE TO UNDER THE CODE, AS BUILDING HAS TOLD HIM OR HE HAS TO REMOVE THE FENCE.
SO IT IS KIND OF UP TO SPECIAL MAGISTRATE HOW YOU WOULD LIKE TO
[01:05:02]
PROCEED AT THIS POINT. >> FIRST OF ALL, I WOULD SAY -- THE BARBED WIRE VIOLATION GOES AWAY.
>> IT WOULD BE R&D. THERE WOULD BE A FINDING OF VIOLATION, BUT IT HAD BEEN COMPLIED WITH.
THAT'S THE REQUEST THAT WE'RE ASKING FOR.
>> OKAY. AND FOR THE FENCE MAINTENANCE PERMIT REQUIRED, IS STILL ONGOING? I GUESS YOU COULD GO TO THE CITY COUNCIL AND ASK THAT THEY AMEND THE ORDINANCE. THAT WOULD BE ONE.
OR YOU CAN APPEAL FROM THIS DECISION.
>> WELL, PERSONALLY I WOULD LIKE GOING TO THE CITY COUNCIL, YOU KNOW. AM I GOING JUST AS MYSELF OR AM I GOING WITH SOMEBODY FROM THE CITY?
HOW DOES IT WORK? >> CITY COMMISSION MEETINGS ARE PUBLIC. THERE'S TIMES FOR PUBLIC COMMENT. SO YOU WOULD BE PERMITTED TO SPEAK AT THE APPROPRIATE TIMES FOR PUBLIC COMMENT.
IF YOU -- IF THAT IS THE ROUTE YOU WOULD CHOOSE TO GO.
>> WELL, I WOULD LIKE TO MAKE IT BETTER FOR THE WHOLE CITY, YOU KNOW. BECAUSE CRIME, YOU KNOW, IT'S RIDICULOUS. I DON'T KNOW WHY PEOPLE LIKE THE CITY SO MUCH. BUT, YOU KNOW, I HAD A HARD TIME ON THAT LAND. YOU KNOW, AND I WOULD LIKE -- BECAUSE PEOPLE TELL ME DO SOMETHING.
YOU KNOW, MAN DO SOMETHING. YOU OWN THAT LAND NOW.
SO I CLEANED EVERYTHING. YOU KNOW, I PUT THAT FENCE.
I WAS TRYING -- AND THE GUYS -- YOU KNOW, THE FENCE COMPANY SAY WE MAKE YOU A DEAL. AND I SAID YOU WILL GET A PERMIT FOR ME. THEY SAID WE DON'T HAVE TIME.
AS LONG AS YOU'RE IN THIS AREA, YOU CAN ERECT THE FENCE, JUST GO TO THE BUILDING DEPARTMENT, YOU KNOW, BEFORE THE NEXT INSPECTION. YOU'LL BE OKAY.
YOU KNOW, BUT -- I NEVER THOUGHT, YOU KNOW, THAT ORDINANCE, YOU KNOW, IT'S CONTRADICTS ALL THE COMMON
SENSE. >> UNDERSTAND WHAT YOU'RE SAYING. UNFORTUNATELY WHEN THE ORDINANCE IS STILL IN PLACE, IT'S DIFFICULT TO --
>> SPECIAL MAGISTRATE, YOU HAVE THE OPTION, IF YOU DO NOT WANT TO MAKE A RULING TODAY, YOU COULD CONTINUE THIS FOR HOWEVER LONG YOU CHOOSE TO DO SO. SO THAT IS AN OPTION THAT EXISTS WITHIN YOUR DISCRETION AS WELL IF YOU DO SEEK TO CONTINUE IT, THAT WOULD GIVE HIM TIME TO HAVE ANY CONVERSATIONS HE WOULD LIKE TO HAVE. SO THAT IS WITHIN YOUR PURVIEW
AS THE SPECIAL MAGISTRATE. >> ALL RIGHT.
IS THERE -- IS THE CITY -- >> WE DO NOT HAVE A SPECIFIC OBJECTION, IF THAT IS WHAT YOU CHOOSE TO DO.
>> I WILL CONTINUE IT TO GIVE YOU MORE TIME TO HAVE THIS DISCUSSION, WHATEVER DISCUSSIONS YOU WANT TO HAVE WITH THE CITY COUNCIL, TO SEE IF THERE'S ANYTHING THEY CAN DO.
I THINK 90 DAYS WOULD GIVE YOU THREE MONTHS, WOULD GIVE YOU TIME TO DO THAT OR CONSIDER AN APPEAL, IF THAT'S WHAT YOU
>> I FIND THAT YOU'RE IN COMPLIANCE WITH THE SECTION 1 115-322 (D)) 2). BUT THE PERMIT REQUIRED SECTION 125-322 B5. YOU ARE NOT IN COMPLIANCE WITH.
>> OKAY. I HAVE A SPECIAL SUGGESTION.
AS AN I.T. PERSON, I CAN ALWAYS FIND IRREGULAR WAYS, YOU KNOW, WHICH ARE NOT -- NOT QUITE SEEN, YOU KNOW.
>> AS OF RIGHT NOW, YOU HAVE 90 DAYS TO EXPLORE THAT.
>> LET ME READ IT OUT. HOWEVER, A SPECIAL MAGISTRATE FINDS THE VIOLATION TO BE IR REPAIRABLE OR IRREVERSIBLE IN NATURE, THE SPECIAL MAGISTRATE MAY IMPOSE A FINE NOT TO EXCEED $5,000 PER VIOLATION. SO YOU CAN CLOSE THIS CASE, JUST SAYING. THIS FENCE EXPECT BE REMOVED, YOU KNOW. IT'S STAYED THERE.
IT'S SET IN STONE. >> THAT'S NOT WHAT THAT MEANS.
THAT MEANS SHE CAN FINE YOU $5,000, IF IT'S IRREVERSIBLE.
THIS IS REVERSIBLE, BECAUSE YOU CAN REMOVE THE FENCE.
IRREVERSIBLE WAS LIKED TREE CASE BEFORE, YOU CUT DOWN THE TREE.
THAT'S DONE. YOU CAN REMOVE THIS FENCE.
>> WELL, AND LOSE $55,000 TRAILER AND JEOPARDIZE MY LOVED ONES? I WOULDN'T DO THAT.
>> OK. AND WELL RIGHT NOW THE -- I'M GIVING YOU 90 DAYS TO SEE WHAT ELSE COULD BE DONE TO SAY, YOU KNOW, TO COMPLY OR PUT IN PROCESS SOMETHING TO CHANGE THE ORDINANCE. OR APPEAL THIS DECISION.
YOU CAN DO -- YOU HAVE 30 DAYS TO APPEAL.
BUT SINCE IT'S CONTINUED, THAT WOULDN'T --
>> YES, MA'AM. SO YOU'RE NOT SPECIFICALLY
[01:10:01]
MAKING THE FINDINGS YET TODAY. >> CORRECT.
>> YOU'RE -- HE WOULD GET A NOTICE OF THE NEW HEARING DATE.
I DON'T KNOW, CAT, IF YOU KNOW 90 DAYS OUT FOR SPECIAL
MAGISTRATE PELTIER. >> IN JANUARY SOMETIME.
>> I DON'T THINK THOSE -- >> I DON'T KNOW IF WE HAVE THEM
THAT FAR OUT YET. >> YEAH, IT WILL BE IN JANUARY.
WE DON'T HAVE IT THAT FAR OUT. THAT LONG.
>> YOU'LL RECEIVE A NOTICE IN THE MAIL OF THE NEW HEARING DATE IN JANUARY. AND IF WE CAN MAKE A NOTE TO MAKE SURE THAT WE KEEP THIS IN FRONT OF SPECIAL MAGISTRATE PELTIER, SINCE THEY BEGAN THE HEARING.
>> YES. >> I ALSO HAVE A QUESTION.
>> OKAY. >> WELL, AGAIN AS AN I.T.
PERSON, YOU KNOW, WHEN I WRITE CODE OR WHEN I DO SOMETHING, YOU KNOW, I HAVE THE CONVERSATION WITH SUBJECT MATTER EXPERTS, WHICH TELLS ME EXACTLY THE PROCEDURE, THE BUSINESS, WHAT THE BUSINESS NEEDS, WHAT ARE THE REQUIREMENTS, ASSUMPTIONS, CONSTRAINTS, ALL THAT STUFF. YOU KNOW, I WOULD LIKE TO HAVE THE SAME THING HERE IN THE CITY GOVERNMENT.
HOW WOULD I APPEAL AN INFRASTRUCTURE? HOW WOULD I TALK AND APPROACH THE CITY COUNCIL.
I NEED ALL OF THE INSTRUCTION FOR THAT.
BECAUSE OTHERWISE, YOU KNOW, I DON'T HAVE AN INSTRUMENT.
>> HE WOULD NEED TO HIRE HIS OWN ATTORNEY OR HIRE WHATEVER EXPERTS HE'D LIKE TO HIRE. WE CAN'T PROVIDE THAT TO HIM OR
GIVE HIM LEGAL ADVICE. >> NO, IT'S NOT LEGAL ADVICE.
IT'S JUST THE PROCEDURE. >> THE PROCEDURE FOR GOING TO CITY COUNCIL. I THINK THE CITY ATTORNEY JUST SAID YOU CAN APPEAR -- COME TO CITY COUNCIL MEETING ANDCYCLE TO MAKE A COMMENT THERE. AND ASK WHAT YOU -- WHAT YOU'RE -- WHAT YOU WANT THEM TO DO. WHAT YOU'RE ASKING THEM TO DO.
>> UH-HUH. >> THAT SHOULD BE ONLINE, TOO.
>> IT IS. I CAN TELL YOU WHEN THE NEXT -- THE FIRST IN. THE NEXT CITY COMMISSION MEETING IS -- WHERE ARE WE? IT IS NOVEMBER 7TH AT 50 5:00
P.M. IN THIS SAME ROOM. >> OKAY.
AND JUST FOR THE RECORD, I'D RATHER PAY -- LIKE DONATE $5,000 TO THE CITY AND KEEP THE FENCE THAN REMOVE IT.
AND JEOPARDIZE EVERYTHING. MY TRAILER, LIE LIFESTYLE, MY LOVED ONE -- MY LIFESTYLE, MY LOVED ONES AND EVERYTHING.
>> I UNDERSTAND WHAT YOU'RE SAYING.
THAT'S WHY I'M GIVING YOU 90 DAYS TO SEE IF THERE'S A WAY AROUND IT OR A WAY TO MAKE IT, YOU KNOW, TO MAKE IT SO YOU'RE
HAPPY WITH THE RESULTS. >> YEAH.
>> OKAY. I ASSUME THERE'S NOTHING ELSE?
>> NO, MA'AM. WE'LL SEND HIM THE NOTICE WHEN THE NEW HEARING IS BEFORE SPECIAL MAGISTRATE.
>> OKAY. DO I HAVE SOME -- WILL I RECEIVE
>> A HIGH-FUNCTIONING PERSON, I ALWAYS NEED SOMETHING --
>> THIS IS BEING CONTINUED JUST FOR ONE VIOLATION.
THE OTHER ONE HAS BEEN COMPLIED. NOT R&D.
>> MAKE SURE I'M UNDERSTANDING YOU'RE TAKING OUT THE R&D AND
MAKING IT COMPLIED? >> WE'LL JUST COMPLY IT.
>> YES. AND THE OTHER ONE IS -- HE HAS
TO DO SOMETHING. THANK YOU, SIR.
>> THANK YOU, SPECIAL MAGISTRATE.
[J. 22-2905 CE 810 S 11th Street Edward Hafeken Jr Katherine Hafeken Isaac Saucedo]
>> CAN WE RECALL THE CASE THAT WE PASSED.
>> YES, MA'AM. >> 22-2905, 810 SOUTH 11TH STREET. HAFEKEN.
>> THEIR PHOTOGRAPHS -- DO THE RESPONDENTS STILL HAVE THEIR
>> SIR, THE PHOTOGRAPHS THAT YOU WANTED ADMITTED, IF YOU HAVE THOSE, I CAN MARK THEM AND GIVE THEM TO THE SPECIAL MAGISTRATE
TO MAKE THEM AN EXHIBIT. >> OKAY.
OKAY. >> SPECIAL MAGISTRATE, WE WILL MOVE THESE IN ON THE RESPONDENT'S BEHALF AS EXHIBIT
>> PHOTOGRAPHS WILL BE ENTERED AS RESPONDENT'S EXHIBIT ONE.
>> MY UNDERSTANDING IS CITY STAFF HAS COME TO A RESOLUTION THAT THE CITY AND THE RESPONDENTS ARE AGREEABLE TO, IS
THAT CORRECT, MR. SAUCEDO? >> DO YOU WANT TO?
[01:15:04]
>> GO AHEAD. >> SO PRETTY MUCH PLANT TWO FLORIDA NATIVE TREES. 2-INCH IN DIAMETER.
AND TOTAL FINE OF $100. >> OKAY.
>> AND IS THERE A TIMEFRAME CONTEMPLATED BY WHICH THEY HAVE
TO PLANT THE TREES? >> 60 DAYS.
>> CAN YOU ALL HAVE THAT DONE IN 60 DAYS?
>> YES. >> I WOULD ASK THE CITY ATTORNEY IF THAT'S NOT DONE WITHIN 60 DAYS AND THE $100 IS NOT DONE, THE FINE WOULD REVERT BACK TO $5,000? ARE YOU ALL IN AGREEMENT TO THAT?
>> OKAY. >> ONE MORE THING ALSO.
THE REMAINING TREE, THAT'S THERE, WE ARE REQUIRING -- REQUESTING FOR THEM TO REMOVE IT.
AND GRIND DOWN THE STUMPS. >> THE OAK.
>> CORRECT? TO FINISH ESSENTIALLY BECAUSE IT'S GOING TO BECOME A HAZARD IF LEFT AS IS?
>> CORRECT. >> ARE YOU ABLE TO BE IN
AGREEMENT WITH THAT? >> WE'LL FIGURE A WAY OUT.
YES. >> CAN WE HAVE MORE TIME FOR THAT? BECAUSE WE GOT TO FIND OUT HOW
MUCH IT'S GOING TO COST. >> YEAH.
WE'LL DO SOME GRINDING. >> OKAY.
>> RENT A CHAINSAW THAT BIG. THE BOTTOM OF THE TREE IS PRETTY
BIG. >> HOW LONG WOULD YOU NEED TO
HAVE THAT TREE REMOVED? >> A LITTLE MORE TIME THAN THAT.
>> 90 DAYS. >> 90 DAYS SOUNDS GOOD.
>> WE'LL GET IT DONE AS SOON AS POSSIBLE.
>> WE DO ALL OF IT FOR 90? >> ARE YOU FINE WITH EVERYTHING
BEING DONE IN 90 DAYS? >> THAT'S A FAIR AMOUNT OF TIME.
>> YES, MA'AM. >> IT WOULD BE THE AGREEMENT -- THE AGREEMENT WOULD BE 90 DAYS TO HAVE ALL OF THAT DONE.
YOU CAN DECIDE WHICH ONE YOU WANT TO DO FIRST.
>> THANK YOU SO MUCH. >> THANK YOU.
>> THANK YOU. >> DO I NEED ANY PAPER?
>> THE BUILDING CASE. SO SPECIAL MAGISTRATE, IF YOU WANT TO CALL THE CASE. I'LL EXPLAIN.
[B. 21-1941 411 N 2nd Street House that Cider Built LLC Anthony Jetmore]
NEXT CASE IS 21-1941. 411 NORTH 2ND STREET.HOUSE THAT CIDER BUILT LLC. >> THIS WAS MOVED IN FRONT OF YOUR HONOR FROM SPECIAL MAGISTRATE ROSS, DUE TO A CONFLICT. I BELIEVE IT'S SET FOR A MASSEY HEARING. AS OF YESTERDAY, MY UNDERSTANDING IS THE CASE IS COMPLIED.
SO WE WOULD ESSENTIALLY BE HERE FOR A LIEN REDUCTION HEARING TODAY. I BELIEVE CITY STAFF HAD A CHANCE TO SPEAK WITH THE RESPONDENT, REGARDING ATTEMPTING TO COME TO A RESOLUTION. I DON'T KNOW IF A RESOLUTION WAS
>> OKAY. AND WHAT IS THE AMOUNT AGREED TO
FOR THE LIEN REDUCTION? >> $500.
>> OKAY. AND, SIR, YOU'RE IN AGREEMENT TO
THE LIEN BEING REDUCED TO $500? >> YES.
>> OKAY. SO WE WILL PRESENT AN ORDER REDUCING THE LIEN TO $500. THE LIEN WILL BE ENTERED AS SOON AS YOU PAY IT. THEN THE LIEN WILL BE GONE.
>> WHERE AND WHEN? HOW DO I PAY IT?
>> HE NEEDS TO GO TO FINANCE, PEGGY?
>> ONE SECOND. >> LIZ, DO YOU -- GO AHEAD.
COME ON UP. IT'S A LITTLE BIT DIFFERENT, BECAUSE IT'S A LIEN. IT'S NOT THE FINE.
>> I'M SORRY. WHAT WAS THE QUESTION?
>> OKAY. THE LIEN HAS NOT BEEN ENTERED YET. OKAY.
>> SO THE FINE REDUCTION. AND I NEED TO KNOW IF IT'S WITH
SO IF HE PAYS THE $500 TODAY, NO LIEN WILL BE ENTERED?
ARE YOU ABLE TO PAY IT PEDESTRIAN?
-- TODAY?>> YEAH. >> SO WHAT SHE'S SAYING WITH REVERSION IS BASICALLY IF YOU PAY THE $500 TODAY, IT'S DONE.
IF YOU DO NOT PAY THE $500 IN THE TIME, WE USUALLY GIVE MORE
THAN A DAY -- >> LET'S JUST DO THAT.
>> IT WOULD REVERT BACK TO THE ORIGINAL AMOUNT, IS WHAT
WE'LL PAY IT TODAY AND NOT WORRY.
>> WE'LL ASK FOR 500 TO BE PAID TODAY WITH REVERSION TO THE
ORIGINAL AMOUNT, WHICH IS WHAT? >> ORIGINAL AMOUNTS A $9,740.
>> SO THAT'S WHAT WE WOULD BE IN AGREEMENT TO, EVERYONE.
>> AGAIN I HAVE NO IDEA WHERE OR HOW TO PAY IT.
>> THE FINANCE DEPARTMENT. LIZ WILL --
>> YOU CAN PAY IT AT THE BUILDING.
JUST ONE QUESTION FOR MY OWN CURIOSITY.
THE OTHER PERSON -- THEY HAD A TREE -- A ROTTEN TREE THAT HIT
[01:20:04]
LIGHTNING. AND THEY TOOK IT DOWN.THEY NEEDED A PERMIT FOR THAT. IS THAT -- I'M JUST -- I CAUGHT IT. AND I LISTENED IT TO.
>> UNDER THE CODE, THERE'S CERTAIN TREES THAT ARE REQUIRED PERMITS FOR, BASED ON WHAT TYPE OF TREES THEY ARE.
>> EVEN A ROTTEN TREE THAT'S GOT HIT BY LIGHTNING, YOU GOT TO
[A. 22-1491 CE 1904 S 29th Street Boyoot LLC Heather Debevec]
>> GOING BACK TO THE TOP. NEXT CASE IS 22-1491, 1904 SOUTH
29TH STREET. >> WE DO HAVE ONE PERSON IN THE
AUDIENCE. >> SO THERE'S NO ONE HERE FOR
ANY OF THE REMAINING CASES? >> I DON'T THINK SO.
OKAY. >> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 1419, 1904 SOUTH 29TH STREET.
FOR SECTION 2419, 2421, SUBSECTION 1.
SUBSECTION 5. OUTSIDE STORAGE, NUISANCE.
BUCKETS, POLES, BOARDS, OTHER LOOSE ITEMS FROM THE YARD AND DRIVEWAY. I'D LIKE TO REQUEST AN R&D FOR THIS PROPERTY, AS EVERYTHING HAS BEEN BROUGHT INTO COMPLIANCE.
I DO HAVE PHOTOS. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PROPERTY AS YOU OBSERVED IT?
>> YES, MA'AM. >> AND DID YOU OBSERVE IT ON
>> ARE THE PHOTOGRAPHS DATE AND TIME STAMPED AS TO THE DATE AND
TIME YOU OBSERVED IT? >> YES, MA'AM 378
>> THE CITY WILL MOVE IN THE PHOTOGRAPHS, COMPOSITE EXHIBIT
NUMBER ONE. >> PHOTOGRAPHS WILL BE ENTERED
AS CITY'S COMPOSITE ONE. >> SO THE ENTIRETY OF THE
PROPERTY IS IN COMPLIANCE? >> JON.
>> YOU'RE REQUESTING R&D FOR THE ENTIRE CASE?
>> YES, MA'AM. >> SO WE WOULD ASK FOR THE REVIEW AND DETERMINATION THAT IT WAS IN VIOLATION, BUT IT IS NOW
IN COMPLIANCE. >> I WILL FIND THAT THAT PROPERTY WAS IN VIOLATION. AND IS NOW IN COMPLIANCE.
>> I GUESS THEY HAVE 30 DAYS TO APPEAL IT.
>> I CAN PUT THAT IN THERE. ON THE R&D.
>> I MEAN, THERE'S NO FINE. >> WE'LL HIT THE CITATIONS AT THE END. WE'LL KEEP GOING ON.
[E. 22-2111 CE 114 Maple Avenue Lisa Ally Heather Debevec]
FOR THE NEXT VIOLATION CASE. >> KEEP GOING.
>> CASE 22-2111. 114TH MAPLE AVENUE.
LISA ALLY. >> UP A LITTLE BIT.
THERE YOU GO. >> THIS IS CASE NUMBER 22-2111.
CASE INITIATED JULY 8TH, 2022. IT'S FOR SECTION 2420, 2421, SUBSECTION 4, NUISANCE AS AN OBJECT PARKING ON OTHER THAN PAVEMENT. SECTION 2419, 2420, 2421.
NUISANCES OBJECT OUTSIDE STORAGE, WHICH I'M REQUESTING AN R&D ON. SECTION 123.37, SUBSECTION 12, LANDSCAPE MAINTENANCE. ALSO REQUESTING R&D.
IT'S ASKING THEY REFRAIN FROM PARKING IN THE FRONT YARD.
THE CITY REQUESTED IF THE SPECIAL MAGISTRATE FINDS THE VITAL EXISTS, THE VIOLATOR BE GIVEN TEN DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED.
I DO HAVE PHOTOS IN WHICH TO SUBMIT.
>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS
AS YOU OBVIOUSED THEM? >> YES.
>> DID YOU OBSERVE THE PROPERTY ON MULTIPLE DATES AND TIMES?
>> YES. >> ARE THE PHOTOGRAPHS DATE AND TIME STAMPED FOR THOSE OBSERVATIONS?
>> YES. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE THE COMPOSITE EXHIBIT ONE, THE PHOTOGRAPHS.
>> PHOTOGRAPHS WILL BE ENTERED AS CITY'S COMPOSITE ONE.
>> AND MS. DEBEVEC, YOU ARE ASKING FOR R&D FOR VIOLATIONS
TWO AND THREE, IS THAT CORRECT? >> CORRECT, MA'AM.
>> SO THE ONLY ONE THAT EXISTS IS THE PARKING ON NON-PAVEMENT?
>> YES, MA'AM. >> WOULD YOU AGREE THAT'S IRREVERSIBLE? THEY'VE ALREADY PARKED THERE? YOU CAN'T -- YOU CAN'T UNPARK WHERE THEY'RE PARKED?
DOES THAT MAKE SENSE? >> THEY COULD REMOVE THE VEHICLE. AND PARK IN AN APPROPRIATE SPOT.
[01:25:04]
>> IT'S NOT ONE YOU WOULD DO $100 A DAY.
THAT VIOLATION HAS HAPPENED. >> WE ADJUSTED THAT.
YES, MA'AM. >> I'M ASKING IS THERE A -- WE
DO REQUEST A DATE. >> FOR EVERY DAY THEY CONTINUE
TO PARK. >> HAS IT BEEN MOVED, THOUGH.
>> AS OF YESTERDAY, YOU'RE LOOKING AT THE PHOTOS THAT I
HAVE FROM YESTERDAY. >> NOT IN THE SAME SPOT? THEY'VE MOVED IT TO A DIFFERENT SPOT?
>> THIS IS WHERE THEY WERE YESTERDAY.
WHICH STILL WOULD BE THE FRONT OF THE YARD.
BECAUSE THE DRIVEWAY TO ME IS IN FRONT OF THAT -- THE ENTRANCE WAY AND THAT WINDOW THERE AND SPEAKING WITH A REPRESENTATIVE OF THE PROPERTY, HE AGREED WITH ME AS WELL.
I MADE THE SUGGESTION TO MAYBE MAKE MORE DEFELLOWSHIPPED AREA FOR HIS TENANT -- MORE DEFINED AREA FOR HIS TENANTS, SO WE
DON'T HAVE THIS ISSUE. >> THE ISSUE THAT I HAVE -- AND MAYBE I'M THE ONLY ONE IN MY BRAIN AND MAYBE IT'S ME.
EACH TIME HE'S PARKED SOMEWHERE ELSE WOULD BE A SEPARATE VIOLATION. BUT IF WE'RE SAYING YOU HAVE --
>> HE HAS TEN DAYS TO CORRECT IT.
>> RIGHT. BUT IT'S CORRECTED BY MOVING IT TO A DIFFERENT SPOT THEORETICALLY.
>> HE HASN'T -- IF HE HASN'T BEEN VIOLATED FOR THE NEW SPOT.
>> CORRECT. AND I -- THAT IS THE ISSUE THAT
I SEE. >> IF WE SAY HE'S GOT TEN DAYS, HE'S EITHER GOT TO CREATE A SPOT, RIGHT.
THAT WOULD MAKE IT -- HE'S GOING TO CONTINUE TO BE IN VIOLATION.
YOU COULD GO OUT AND CITE HIM AGAIN.
>> BECAUSE HE'S PARKED IN THE WRONG --
>> RIGHT. >> IN THE WRONG SPOT AGAIN.
>> BUT UNTIL HE DOES, RIGHT. I DON'T KNOW THAT YOU CAN ORDER
HIM TO CREATE THE SPOT. >> NO.
WE CAN SUGGEST THAT TO HIM TO BRING HIM INTO COMPLIANCE.
BUT FOR THIS SPECIFIC VIOLATION, I SEE IT TO BE IRREVERSIBLE, BECAUSE THE PARKING ON A NON-DESIGNATED SPOT HAS ALREADY HAPPENED. SO I THINK EVERY TIME THAT THAT SPECIFIC VIOLATION HAPPENS, IT'S ITS OWN IRREVERSIBLE VIOLATION, FOR WHICH YOU COULD ORDER A FINE UP TO $5,000, PURSUANT TOUCHUP CHAPTER 162. I THINK FOR THIS SPECIFIC VIOLATION, IT WOULD BE A FINE THAT YOU IMPOSE UP TO $5,000 FOR VIOLATION NUMBER ONE ON THAT LIST.
I DON'T THINK IT'S A PER-DAY VIOLATION, IN THE SENSE OF HE CAN'T -- IT'S NOT LIKE TREES THAT HE CAN GO OUT AND TRIM.
>> NO, BUT IF HE'S -- OKAY. >> AM I THE ONLY ONE --
>> I'M LOOKING AT IT. HE'S GOT TEN DAYS TO COMPLY.
SO I'M WITH THE SPECIAL MAGISTRATE ON THIS ONE.
>> YOU'VE GOT TEN DAYS TO COMPLY.
>> YOU MAKE THE DECISIONS AROUND HERE.
>> WE CAN FIND HE IS IN VIOLATION OF -- OF THIS PARTICULAR ONE. BUT HE'S GOT TEN DAYS TO COMPLY.
SO IF HEATHER GOES OUT IN TEN IT'S STILL THERE, THEN
-- >> NO CORRECTION HAS BEEN MADE.
ARE WE IN -- OKAY. THAT'S WHAT I WOULD FIND.
HE'S GOT 30 DAYS TO APPEAL. TEN DAYS TO COMPLY.
30 DAYS TO APPEAL. ON THAT ONE VIOLATION.
>> AND IS IT THE $100 PER DAY? >> YES.
I BELIEVE IT IS, RIGHT. >> OH, WAIT.
WELL, NO. >> THAT'S WHAT WE HAD --
>> THAT'S WHAT WE RECOMMENDED. >> ADJUST THAT.
THAT IS OBVIOUSLY -- >> WELL, IF THE $100 A DAY WAS FOR ALL OF THEM AND ICE COMPLIED WITH TWO OF THEM, THEN I WOULD
SAY, YOU KNOW, $25 A DAY. >> OKAY.
>> THANK YOU, SPECIAL MAGISTRATE.
>> THANK YOU. >> WAS THAT $50?
>> THANK YOU. >> HEATHER, WOULD YOU MIND IF WE
DO THE CITATION REAL QUICK? >> NEXT CASE IS 22-1659, SOUTH
[B. 22-1659 PK South Causeway Park Taurus Terrell Hill Michael Rabenecker]
CAUSEWAY PARK. TAURUS HILL.>> GOOD MORNING, YOUR HONOR. >> GOOD MORNING.
>> MY NAME IS MICHAEL RABENECKER.
I'M HIRED BY THE CITY OF FORT PIERCE AS A PARKING ENFORCEMENT SPECIALIST. BEFORE YOU THIS MORNING IS CASE NUMBER 22-1659, A PARKING CITATION WRITTEN AT SOUTH
[01:30:01]
CAUSEWAY PARK. THE CASE WAS INITIATED ON MAY 8TH, 2022. IT IS A PARKING CITATION.THE VIOLATER IN THE CASE CAME BACK AS A TAURUS TERRELL HILL.
THE CITATION NUMBER WRITTEN WAS PARKING VIOLATION OF CITY ORDINANCE 34.350. PROHIBITED PARKING AT ALL TIMES.
THIS WAS AN AMENDED CITATION. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED, $10 ADMINISTRATION FEE AND A LATE FEE OF $18, WITH A TOTAL DUE OF $78.
THE CITY REQUESTED THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS AND THE TOTAL DUE INDICATED ABOVE.
AND FAILURE TO PAY SUCH A FINE, RESULTS IN A CITATION BE VOIDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE AS EVIDENCE. THEY'RE DATE AND TIME STAMPED THAT ACCURATELY PORTRAY THE VIOLATIONS I WITNESSED.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE AS COMPOSITE
EXHIBIT ONE, THE PHOTOGRAPHS. >> PHOTOGRAPHS WIL WILL BE -- BS MITTED AS CITY'S COMPOSITE ONE. AND DO YOU HAVE ANYTHING ELSE TO
>ER -- YOUR HONOR. >> I FIND THE VIOLATION EXISTS AND THAT THE -- IF IT IS NOT PAID -- THE VIOLATION EXISTS AND IF THE FINE OF $50, ADMINISTRATIVE FEE OF $10, AND THE LATE FEE OF $18, FOR A TOTAL OF $78 IS NOT PAID IN 20 DAYS, THEN IT WILL BE REFERRED TO THE COUNTY COURT SYSTEM.
THANK YOU, YOUR HONOR. >> AND 30 DAYS TO APPEAL.
>> YES. >> NEXT CASE IS 22-2024 SOUTH
[A. 22-2024CT South Causeway Park Richard Freitas III Nikki Lynn Delcamp Heather Debevec]
CAUSEWAY PARK RICHARD FREITAS, NIKKI DELCAMP.THANK YOU. >> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 22-024. SOUTH CAUSEWAY PARK.
RICHARD FREITAS III OR NIKKI DELCAMP.
CASE NUMBER INITIATED ON JUNE 12TH, 2022.
IT WAS FOR CITATION 10869, 43.450.
NO PARKING. THE CITY IS REQUESTING IF THE VIOLATION EXISTS, THE VIOLATOR BE ASESSIONED THE TOTAL DUE AS INDICATED, FAILURE TO PAY WILL RESULT IN A CITATION BE FORWARDED TO THE COUNTY COURT SYSTEM.
AND I DO HAVE PHOTOS? >> DO THEY FAIRLY AND ACCURATELY
DEPICT THE VIOLATION? >> YES, MA'AM.
>> THE CITY WILL MOVE INTO EVIDENT THE COMPOSITE EXHIBIT
ONE, THE PHOTOGRAPHS. >> PHOTOGRAPHS WILL BE ADMITTED AS CITY'S COMPOSITE ONE. OKAY.
NOTHING ELSE TO ADD? >> NO, MA'AM.
>> OKAY. I FIND THAT THE VIOLATION EXISTS. AND THAT THE FINE OF $50, ADMINISTRATIVE FEE OF 10 FOR A TOTAL OF $78 IS DUE AND PAYABLE WITHIN 14 DAYS OR THE CITATION WILL BE FORWARDED TO THE COUNTY COURT SYSTEM. AND THERE WILL BE 30 DAYS TO
[G. 22-1511 CE 427 N 15th Street Zakari Valsant Heather Debevec]
>> NEXT CASE IS 22-1511, 427TH NORTH 15TH STREET.
ZAKARI VALSANT. >> THIS IS CASE NUMBER 22-1511, 427 NORTH 15TH STREET. ZAKARI VALSANT.
CASE INITIATED MAY 12TH OF THIS YEAR.
IT WAS FOR IPMC. IT WAS REQUESTED THEY REPAIR OR REPLACE THE SHINGLES IN FRONT OF THE DRIVEWAY.
AND ALSO TO PAINT THE HOME. THE CITY IS REQUESTING THAT THE SPECIAL MAGISTRATE FINDS VIOLATION EXISTS THE VIOLATOR BE GIVEN 30 DAYS TO ACOMPLY. AND I DO HAVE PHOTOS.
>> THE PHOTOS FAIRLY AND ACCURATELY DEPICT THE VIOLATION
>> AND DO YOU -- DID YOU OBSERVE THE PROPERTY ON MULTIPLE DAYS?
>> YES. Y , ARE THE PHOTOGRAPHS DATE AND
TIME STAMPED FOR THOSE DAYS? >> AT THIS TIME THE CITY WILL
[01:35:02]
MOVE INTO EVIDENCE THE COMPOSITE EXHIBIT ONE, THE PHOTOGRAPHS.>> PHOTOGRAPHS WILL BE ADMITTED AS CITY'S COMPOSITE ONE.
>> IS THAT CAR MISSING ITS ROOF? >> YEAH.
>> MISSING A LOT MORE THAN THE ROOF BUT YES.
>> OKAY. >> IT'S A CONVERTIBLE.
>> I DIDN'T NOTICE IT THE FIRST TIME.
I FIND THAT THE VIOLATIONS EXIST.
AND THAT THE -- THE RESPONDENT HAS 30 DAYS TO COMPLY OR A FINE OF $100 WILL BE ASSESSED PER DAY.
BEYOND THAT DATE. AND THEY HAVE 30 DAYS TO APPEAL.
[H. 22-1974 CE 317 N 15th Street Jean Privilege Etienne Maricia Etienne Guillaume Heather Debevec]
>> NEXT CASE IS 22-1974, 317 NORTH 15TH STREET.
JEAN PRIVILEGE ETIENNE, MARICIA GUILLAUME.
>> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 22-1974, 317 NORTH 15TH STREET. MARICIA GUILLAUME AND JEAN ETIENNE FOR JUNE 17TH, 2022. IT WAS FOR SECTION 30-20C RESPONSIBILITY FOR CONTAINERS.
SECTION 123-37, LANDSCAPE MAINTENANCE, WHICH I'D LIKE TO REQUEST R&D FOR THE LANDSCAPE MAINTENANCE.
IT'S REQUESTED THAT THEY STORAGE GARBAGE, AND RECYCLE BINS TO THE SIDE OR THE REAR OF THE HOME. THE CITY IS ASKING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN TEN DAYS TO COMPLY OR A FINE OF $25 PER DAY BE ASSESSED.
I HAVE SPOKEN WITH SOMEBODY FOR THIS PROPERTY.
BUT THEY ARE OUT OF TOWN. I WAS SPEAKING TO SOMEBODY WHO WAS TRANSLATING FOR THEM. BUT THEY DO SOMEBODY HERE TAKING CARE -- DO HAVE SOMEBODY HERE TAKING CARE OF THE PROPERTY.
I DO HAVE PHOTOS WHICH TO SUBMIT.
>> DO THE PHOTOS FAIRLY AND ACCURATELY DEPICTION?
>> YES. >> ARE THE PHOTOS DATE AND TIME
STAMPED FOR THOSE DATES? >> YES.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE
NUMBER ONE, THE PHOTOGRAPHS. >> PHOTOGRAPHS WILL BE ENTERED AS PLAINTIFF'S -- CITY'S EXHIBIT -- COMPOSITE EXHIBIT ONE.
>> OKAY. >> MS. DEBEVEC, YOU REQUESTED R&D FOR THE FIRST VIOLATION? OR SECOND VIOLATION?
>> FOR THE LANDSCAPE MAINTENANCE.
THE SECOND. >> I FIND THAT THEY WILL HAVE TEN DAYS TO COMPLY WITH THE ONE VIOLATION REMAINING.
AND IF NOT COMPLIED WITH IN TEN DAYS, THEY WILL BE ASSESSED $25 A DAY FOR THAT ONE. AND THEY HAVE 30 DAYS TO APPEAL.
[A. 21-0584 CE 1302 Avenue O Adriene D Blakely Peggy Arraiz]
>> WE'LL CONTINUE -- >> WE'LL BE CONTINUING CASE 21-584, 1302 AVENUE. ADRIENNE BAKELY FOR THE NEXT
PELTIER HEARING AND WE ARE DONE. >> WE DID IT.
>> NOTICE REQUIREMENTS, CAT? >> YES.
>> FOR CASES REQUIRING A HEARING PER STATE STATUTE, 162.12, A NOTICE OF HEARING WAS SENT TO THE VIOLATORS CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNED SIGNED, IT'S PLACED IN THE FILE.
IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF MAILING WITH THE NOTICE OF HEARING -- U.S.
REGULAR MAIL. TEN DAYS PRIOR FOR THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.
A NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.
IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT, WITHIN TEN DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED AND THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE, -- IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.
[01:40:03]
>> THANK YOU. >> WE'RE ADJOURNED.
>> HEARING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.