[1. CALL TO ORDER]
[00:00:08]
>> THE SPECIAL MAGISTRATE HEARING 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.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
>> THANK YOU. >> 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?
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> ALL RIGHT. WE WILL START WITH THE CASES IN COMPLIANCE RESCHEDULED THIS MORNING.
SOUTH 28TH STREET. ESPINOSA AND OROZCO.
MAPLE AVENUE, GAHN. 22-1204906 NORTH 16TH STREET. EUBANKS AND DAVIS.
22-2205 YORK AVENUE, HITCHO. 22-2038, CHEDDIE.
FERNADINA STREET, MOLLY. AND 22--2213 FAIRWAY DRIVE, BRADY. ALL RIGHT.
[B. 22-2520CE 202 Maple Avenue Florentino Areyan Heather Debevec]
WE ARE GOING TO START WITH OUR FIRST CASE.22-2520, 202 MAPLE AVENUE. FLORENTINO AREYAN.
>> GOOD MORNING, SPECIAL MAGISTRATE.
THIS IS CASE NUMBER 22-2520, 202 MAPLE AVENUE.
MR. FLORENTINO... FLORENTINO AREYAN.
THE CASE WAS INITIATED ON SEPTEMBER 2 OF 2022.
IT WAS FOR SECTION 2419, 2420, 2420, SUB-SECTION 1, SUB-SECTION 5. NUISANCE OBJECT, OUTSIDE STORAGE. NUISANCE AND OBJECT PARKING OTHER THAN PAVEMENT. THE CITY REQUESTED THAT THE VIOLATOR BE GIVEN TEN DAYS TO COMPLY OR A FINE OF $100 PER DAY TO BE ASSESSED. I DO HAVE PHOTOS.
THE GENTLEMAN HAS NOT HAD AN OPPORTUNITY TO LOO AT THEM AS OF YET. SIR.
DO YOU WISH TO REVIEW THE PHOTOS?
>> SURE. OFFICER, DEBEVEC, DID YOU TAKE THE PHOTOS? INFORM YES, MA'AM.
>> DID THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> THEY HAVE BEEN PREMARKED.
>> THANK YOU. >> PHOTOS WILL BE ENTERED AS CITY'S EXHIBIT, COMPOSITE EXHIBIT 1.
>> IS THERE ANYTHING YOU WANT TO SAY ABOUT THE PHOTOS?
>> NOT AT THIS TIME. >> FLORENTINO AREYAN, DO I HAVE
THAT CORRECT? >> MY NAME IS JOSE GUADELOUPE.
FLORENTINO AREYAN IS THE LANDLORD, THE OWNER.
I HAVE BEEN THERE FIVE MONTHS. THOSE ARE MY THINGS, BUT I HAVE BEEN CLEANING UP LATELY. THE LAST THREE MONTHS, I HAVE BEEN WORKING UP IN ORLANDO, HURRICANE CLEANUP.
I'M FINISHED WITH THAT JOB NOW. I'M DEFINITELY GOING TO BE
[00:05:04]
CLEANING THIS PROPERTY UP. THE WHITE PICKUP THAT IS IN THAT PICTURE, IT IS NO LONGER THERE. I GOT RID OF IT BACK IN OCTOBER.AND I GOT A LETTER SAYING TH THAT... THANKING ME FOR GETTING RID OF THAT. AND...
ABOUT HALF OF THE ITEMS THAT ARE SEEN IN THE PICTURES, THEY ARE NO LONGER THERE. BUT I ASK THE COMMISSION TO GIVE ME ANOTHER TEN DAYS. I'LL DEFINITELY CLEAN EVERYTHING UP COMPLETELY. IT HAS BEEN CONFUSION OVER WHEN I GOT THERE IN AUGUST, THERE WAS ALREADY A BUNCH OF JUNK THERE.
CONFUSION OF WHO... WHO IS RESPONSIBLE FOR WHAT.
I'M DEFINITELY GOING TO CLEAN EVERYTHING UP NOW THAT I'M HOME.
I HAVE BEEN AWAY FOR THREE MONTHS.
I RECENTLY CAME BACK FROM ORLANDO.
>> OKAY. DO YOU HAVE ANYTHING ELSE TO...
I FIND THAT THE VIOLATION EXISTS, BUT THAT YOU BE GIVEN TEN DAYS TO COMPLY. THEREAFTER, A FINE WILL BE IMPOSED OF $100 A DAY. YOU CAN APPEAL THISMENT.
>> I APPRECIATE THAT. I'LL DEFINITELY GET EVERYTHING
CLEANED UP WITHIN TEN DAYS. >> OKAY.
[C. 22-1977 CE 908 N 16th Court Christopher Hall Heather Debevec]
>> OUR NEXT CASE IS 22-1977, 908 NORTH 16TH STREET.
CHRISTOPHER HALL. >> GOOD MORNING.
>> GOOD MORNING. >> THIS IS OWNED BY MR. CHRISTOPHER HALL. THE CASE WAS INITIATED ON JUNE 17 OF 2022. IT WAS FOR IPMC304.2, PROTECTIVE TREATMENT. REQUESTING THE PRESSURE-WASH THE FRONT RAMP AND THE NORTHEAST WALL AREA.
AND PAINT THE MISMATCHED PAINT ON THE FRONT TO MATCH THE REST OF THE HOME. THE CITY IS REQUESTING THAT IF THE MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE PER DAY BE ASSESSED.
MR. HALL DID REVIEW THE PHOTOS THIS MORNING.
I DID GO BY THE PROPERTY YESTERDAY, AND HE IS DEFINITELY PRESSURE-WASHING. HE HAS BEEN DOING WORK THERE.
I KNOW HE HAD SOME CONCERNS WITH THE PAINTING THAT HE WISHED TO
>> CODE OFFICER DEBEVEC? >> YES.
>> I APOLOGIZE. I WAS DISTRACTED.
THERE ARE SOME PHOTOS UP ON THE SCREEN.
ARE THEY THE SAME PHOTOS IN THE PACKET THAT WAS HANDED TO ME?
>> YES, MA'AM. >> DID YOU TAKE THOSE
>> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> AT THIS TIME, THE CITY WOULD MOVE THE PHOTOGRAPHS IN AS CITY'S 1, COMPOSITE.
THEY HAVE BEEN PREMARKED. >> OKAY.
THANK YOU. PHOTOS WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1. AND YOU HAVE SEEN THEM?
>> OKAY. WOULD YOU LIKE TO... YOU SAID
YOU WANTED... >> ACTUALLY, SHE HAD ASKED ME TO PRESSURE-WASH THE WALKWAYS, AND PRESSURE-WASHING THE HOUSE.
YOU KNOW, THAT IS THE OLD WOOD ON THE OTHER SIDE RIGHT THERE.
WHEN I PRESSURE-WASH THAT, IT KIND OF LIKE, FELL APART.
IF THE NEW PICTURES SHE SHOWED, SHE WENT BY YESTERDAY AND SAW.
I REPLACED THAT WOOD. NOW I HAVE NO OTHER CHOICE BUT TO PAINT THE WHOLE HOUSE. 30 DAYS WOULD BE ENOUGH FOR ME TO COMPLY TO FINISH UP EVERYTHING.
>> THE PRESSURE-CLEANING HAS BEEN DONE.
BECAUSE OF THE LITTLE SPOTS THAT SHE IS TALKING ABOUT THAT NEED TO BE PAINTED, I WOULD HAVE PROBABLY HAD A PROBLEM WITH THEM LITTLE PROBLEMS. SINCE I REPLACED THE WOOD, AROUND THE PERIMETER OF THE HOUSE AND THAT SIDE OF THE HOUSE, I HAVE TO PAINT THE WHOLE HOUSE ANYWAY.
I GUESS YOU CAN... WE WILL BE OKAY WITH THAT FOR NOW.
>> OKAY. I FIND THAT THE VIOLATION EX EXISTS, BUT THE VIOLATOR HAS 30 DAYS TO COMPLY BEFORE A FINE OF
$100 A DAY WOULD BE ASSESSED. >> YES, MA'AM.
>> ALL RIGHT. THANK YOU VERY MUCH.
>> THANK YOU, MR. HALL. OUR NEXT CASE IS 22-3155, 120
[A. 22-3155 CE 120 Indian Hills Dr James Radcliffe Heather Debevec]
[00:10:06]
INDIAN HILLS DRIVE. JAMES RADCLIFFE.>> GOOD MORNING. >> MAGISTRATE, THIS IS CASE INDIAN HILLS DRIVE. MR. JAMES RADCLIFFE.
THE CASE WAS INITIATED ON OCTOBER 28 OF 2022.
IT WAS FOR SECTION 2419, 2420, 2421, NUISANCES AND OBJECT NONOPERABLE VEHICLE. IT WAS REQUESTED THEY REGISTER THE VEHICLE, BOAT, TRAILER, AND MOVE THEM TO THE SIDE OR A BACKYARD. THIS IS AN APPEAL.
I DID SHOW HIM PHOTOS THIS MORNING.
HE DID PROVIDE VALID CURRENT REGISTRATION FOR BOTH THE TRAILER AND THE BOAT, WHICH THE VEHICLE JUST NEEDS TO BE MOVED
FROM THE FRONT YARD. >> THAT IS THE ONLY THING THAT
SO YOU TOOK THE PHOTOS? CODE OFFICER DEBEVEC?
>> YES. >> DO THEY FAIRLY AND ACCURATELY
DEPICT WHAT YOU SAW? >> YES, MA'AM.
>> FE WE MOVE THE PHOTOS IN AS COMPOSITE, EXHIBIT 1.
HAVE THEY BEEN PREMARKED? >> YES.
>> SPECIAL MAGISTRATE, WE HAVE A SEPARATE EXHIBIT WHICH IS THE REQUEST FOR APPEAL, AND IF THERE IS NO OBJECTION FROM THE APPELLANT, I WOULD ASK IF THEY BE MOVED IN AS APPELLANTS...
>> HAVE YOU SEEN THESE? >> YES, THIS MORNING.
>> SO WHAT IS STAFF'S RECOMMENDATION? HAS IT CHANGED BASED ON THE NEW INFORMATION THIS MORNING?
THERE IS A SECONDARY CASE WHICH I DID DISCUSS WITH MR. RADCLIFFE THIS MORNING IN REFERENCE TO OPENING THE SHUTTERS AND MOVING THE BOAT AND TRAILER FROM THE FRONT YARD TO EITHER THE SIDE OR THE REAR OF THE HOME.
BUT THIS CASE WOULD TECHNICALLY BE RESOLVED.
EVERYTHING ELSE WOULD FALL INTO OTHER CASE.
... UNDER THE OTHER CASE. >> IS YOUR RECOMMENDATION TO CONTINUE THIS CASE TO RUN WITH THE OTHER CASE TO SEE IF THE
LAST ITEM IS CORRECTED? >> YES, MA'AM.
IT IS A QUESTION. I JUST WANT TO MAKE SURE THE
RECORD IS CLEAR. >> CONTINUE THIS CASE OR...
>> WE COULD... EXCUSE ME. WE COULD RESOLVE THIS CASE AND ALLOW THE SECOND CASE TO CONTINUE TO HAVE THE OPPORTUNITY TO CORRECT THE SECONDARY CASE WHICH IS SCHEDULED IN FEBRUARY.
>> OKAY. CAN YOU TELL THE MAGISTRATE HOW EXACTLY YOU WANT IT RESOLVED TODAY? DO YOU WANT HER TO FIND THE VIOLATION?
>> TO DEFINE IT AS RND. >> CAN YOU EXPLAIN TO THE
APPELLANT? >> IT MEANS A VIOLATION HAS EXISTED BUT IT HAS BEEN CORRECTED.
SHOULD THE VIOLATION COME UP AGAIN, THEN IT WOULD GO STRAIGHT TO MAGISTRATE AND INCUR HIGHER FINES AS A POSSIBILITY.
>> OKAY. DO YOU HAVE ANYTHING YOU WANT TO
I CAN MOVE IT TO THE BACKYARD. THAT WON'T BE A BIG DEAL.
>> OKAY. SO TODAY'S CASE IS PENDING
TODAY, THAT IS RESOLVED. >> TODAY'S CASE WOULD BE REVIEWED AND DETERMINED AS REQUESTED, MA'AM.
>> OKAY. >> THE SHUTTERS COULD GO BACK UP
AT ANY MOMENT. >> THAT WOULD BE THE SECONDARY
THAT IS IN FEBRUARY. >> HE HASN'T RESOLVED BEFORE
THEN... >> THE VIOLATION MENTIONS THAT IT IS BLOCKING A FIRE EXIT, BUT IF YOU WERE TO LIFT THE SHUTTERS, YOU WOULD SEE THERE IS BARS OVER THE WINDOWS ANYWAY.
THAT IS A LITTLE FUNNY. THAT IS OKAY.
>> I DO HAVE DOS AMIGOS. OUR NEXT CASE IS 22-677, 3223
[A. 22-0677 CE 3223 S US Highway 1 D Dos Amigos Sportsbar Inc Heather Debevec]
SOUTH HIGHWAY ONE UNIT D. DOS AMIGOS SPORTSBAR INC.>> THANK YOU. THIS IS CASE NUMBER 22-0677.
[00:15:06]
IT IS 3223 SOUTH U.S. HIGHWAY ONE, SUITE D.THE CASE WAS INITIATED ON FEBRUARY 25, 2022, A REQUEST FOR AN EXTENSION WAS GIVEN. THE FIRST HEARING WAS ON JUNE 15, 2022. 30 DAYS OR $100 PER DAY.
WE DID DO IN AUGUST, WE DID AGREE TO DO AN EXTENSION OF 90 DAYS. THIS IS BEFORE YOU NOW AS SECTION 117-3, SUB-SECTION B, SUB-SECTION 3, REMOVAL OF SIGNS.
IT IS REQUESTED THAT THEY REMOVE OR REPLACE THE SIGN FOR THE BUSINESS AS IT WAS ILLEGIBLE. THE CITY REQUESTS... EXCUSE ME.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE WOULD AMEND THE ORIGINAL ORDER TO ALLOW 60 DAYS TO COMPLY WITH THE FINE OR $100 BE ASSESSED. THE PLAZA WAS UNDER CONST CONSTRUCTION. WE ARE TRYING TO GIVE THEM AN OPPORTUNITY TO MAKE IT... MAKE THE CORRECTIONS ONCE THE PLAZA IS COMPLETED. I DO HAVE PHOTOS.
>> DID YOU TAKE THE PHOTOS? >> YES, MA'AM.
>> DO THEY ACCURATELY DEPICT WHAT YOU SAW?
>> YES, MA'AM. >> WE MOVE THE PHOTOS IN AS CITY'S ONE COMPOSITE. THEY HAVE BEEN PREMARKED.
I'M UPDATING THE... NEVER MIND, MAGISTRATE.
IT SEEMS LIKE EVERYTHING IS HERE.
I WAS GOING TO MAKE A CORRECTION.
BUT WE ARE GOOD. AT THIS TIME, I WILL RENEW MY REQUEST TO MOVE THEM IN AS CITY'S ONE COMPOSITE.
>> THE PHOTOS SUBMITTED WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1. THE CITY IS REQUESTING THAT 60
DAYS... FROM TODAY? >> YES, MA'AM.
THEY WILL BE ALLOWED 60 DAYS FROM TODAY.
TO COMPLY BEFORE A $100 A DAY FINE WOULD COME INTO PLAY.
AND THEY, OF COURSE, HAVE 30 DAYS TO APPEAL.
[A. 22-2267PK 100 Blk N Depot DR Lorenzo Romano Michael Rabenecker]
>> OUR LAST CASE IS 22-2267, 100 BLOCK NORTH DEPO DROVE, LORENZO RO ME A KNOW. ROMANO.
>> GOOD MORNING, YOUR HONOR. >> GOOD MORNING.
>> THE NEXT CASE BEFORE YOU THIS MORNING IS CASE 22-2267, A PARKING VIOLATION AT THE 100 BLOCK OF NORTH DEPOT DRIVE.
THE CASE WAS INITIATED ON JULY 14, 2022 AS A CITATION CASE.
THE VIOLATOR IN THE CASE CAME BACK AS A LORENZO ROMANO.
THE CITATION NUMBER WRITTEN IS 180, PARKING VIOLATION.
PARKING BEYOND THE POSTED TWO-HOUR TIME LIMIT.
THIS IS A SECOND OFFENSE FOR THE INDIVIDUAL.
THE CITY IS ASKING THAT $100 FINE BE ASSESSED, A $10 ADMINISTRATION FEE AND LATE FEE OF $18 FOR A TOTAL OF $128.
THE VIOLATOR... FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.
THE PHOTOS ACCURATELY PORTRAY THE VIOLATIONS I WITNESSED.
IT ALSO INCLUDED OUR PHOTOS OF THE FIRST OFFENSE.
>> MAGISTRATE, NOTING FOR THE RECORD THAT THE RESPONDENT IS NOT PRESENT THIS MORNING. AND WE CAN GO OVER NOTICE SHORTLY, BUT AT THIS TIME, THE CITY WOULD MOVE THE PHOTOS IN AS
CITY'S COMPOSITE 1. >> WHAT WAS THE CITATION NUMBER
AGAIN? >> THEY HAVE BEEN PREMARKED.
SO JUST TO LAY A FOUNDATION, AS FAR AS THE VIOLATION THAT OCCURRED IN JULY OF 2022, CAN YOU TELL THE MAGISTRATE HOW Y YOU... WHAT YOU OBSERVED AND WHY YOU BELIEVE A VIOLATION
OCCURRED? >> I WAS MAKING ROUTINE ROUNDS
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AT ABOUT 12:27, TAKING PHOTOS OF VEHICLES PARKED IN THE TWO-HOUR SPOTS, AND THEN I CAME BACK TWO HOURS... MORE THAN TWO HOURS LATER, AND YOU KNOW, OBSERVED THE VEHICLE STILL PARKED THERE.PHOTO TAKEN OF THE... THE NEXT PHOTO OF THE VALVE STEM.
IF YOU COMPARE THAT WITH THE OTHER PHOTO, IT HADN'T MOVED.
>> THAT LED YOU TO BELIEVE THAT THE VEHICLE WAS PARKED BEYOND
THE TWO-HOUR TIME LIMIT. >> WHEN I LOOKED IN MY PHONE FOR PRIOR VIOLATIONS, THE TICKET NUMBER THAT WAS... FOR THE FIRST VIOLATION CAME UP THAT THIS WAS A SECOND OFFENSE FOR THE
SO I BELIEVE IN THAT PHOTO PACKET, THERE WERE SOME PICTURES FROM 2021. IS THAT CORRECT?
>> OKAY. AND ARE THOSE PHOTOS.
>> DO YOU HAVE THE TWO SETS OF PHOTOS, MICHAEL?
>> THEY SHOULD BE IN THE PAPER PACKET HAS THE THE MAGISTRATE
HAS. >> THEY SHOULD BE IN THIS ONE,
TOO. >> THIS IS THE FIRST ONE RIGHT
HERE? >> MAYBE THAT ONE, YEAH.
YES. >> SO THE PHOTOS DATED DECEMBER 10 OF 2021, ARE THOSE IN RELATION TO THE PRIOR CITATION?
>> RIGHT. THAT IS THE FIRST OFFENSE.
YEAH. AND WAS THERE, BASED ON YOUR RESEARCH, WAS THERE A FINDING OF VIOLATION BY THE SPECIAL MAGISTRATE BASED ON THE DECEMBER 10, 2021 CASE?
>> I BELIEVE HE PAID BEFORE IT WENT TO MAGISTRATE.
>> IF HE PAYS, THAT MEANS HE DIDN'T CONTEST IT.
>> HE DID NOT CONTEST THE VIOLATION.
>> HE WAS CITED, AND HE PAID, AND YOU ARE NOT AWARE THAT IT WAS EVER OVERTURNED ON APPEAL OR ANYTHING OF THAT NATURE?
IS THERE ANYTHING ELSE YOU WANT TO ADD?
>> NO, MA'AM. >> MAGISTRATE, WE WOULD ASK THAT YOU ISSUE... FIRST OF ALL, ONE MORE QUESTION.
WAS NOTICE GIVEN TO THIS RESPONDENT?
>> NOTICE SENT? >> DID YOU PLACE THE TICKET ON
YEAH. THERE IS A PHOTO OF THE CITATION BEING PLACED ON THE VEHICLE. RIGHT ABOUT THERE.
>> THERE. >> AND WAS ANY OTHER CORRESPONDENT SENT TO THE RESPONDENT REGARDING TODAY'S
THERE WAS MAILINGS AND POSTINGS DONE, AND NO RESPONSE CAME BACK.
>> OKAY. ANYTHING FURTHER YOU WANT TO
>> THANK YOU. >> I FIND THAT THE VIOLATION EXISTED AND THE FINE WILL BE ASSESSED AT $100 WITH AN ADMINISTRATIVE FEE OF $10 AND A LATE FEE OF $18 FOR A TOTAL OF $128. IF THE FINE IS NOT PAID, WITHIN 14 DAYS, IT WILL BE FORWARDED TO THE COUNTY COURT SYSTEM.
AND THERE IS RIGHT TO APPEAL. >> THANK YOU, YOUR HONOR.
>> 30 DAYS TO APPEAL, SPECIAL MAGISTRATE?
THANK YOU. >> I THINK WE ARE DONE.
>> FOR CASES REQUIRING A HEA HEARING, A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNED SIGNED, IT IS PLACED IN THE FILE. IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED, AN AFFIDAVIT OF THE MAILING IS SENT TO THE VIOLATOR REGULAR U.S. MAIL.
TEN DAYS PRIOR TO THE HEARING, A NOTICE IS POSTED ON THE BULLETIN BOARD IN CITY HALL. A NOTICE HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVITST OF POSTING.
IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE TACH UTE, NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED, OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED IN CITY HALL ON THE
ANYTHING IS. >> I DON'T HAVE ANYTHING
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NOTHING FURTHER. THEN THIS HEARING OF