[1. CALL TO ORDER]
[00:00:07]
>> SPECIAL MAGISTRATE HEARING OF FEBRUARY 1ST, 2023, IS 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 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]
>> PLEASE REMAIN STANDING SO I CAN SWEAR YOU IN, PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH? THANK YOU. WE'RE GOING
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
TO START WITH IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED. 22-2998, 1108 AVENUE G, BROWN 22-3251, JAYCEE PARK YOU FEEL MANZOR. 22-32670, 400 BLOCK AVENUE A, NICOLE AGLIONE. 22-3285, 100 BLOCK OF ORANGE AVENUE, JAMES JACOB LOVEWELL. 22-3372, 100 NORTH I HAD JANUARY RIVER DRIVE, FELICIE CAVET. 22-3291, 100 BLOCK NORTH SECOND STREET, MANUEL CENDEJAS AGUILAR: 22-3076, 1826 ORANGE AVENUE, WILLIE C. SMITH, JR.22-3273, 100 BLOCK SOUTH SECOND STREET, TERRORISM -EIN.
>> 22-3274, 100 BLOCK SOUTH SECOND STREET, ZAIDA PONCE QUESADA. 22-3276, 100 BLOCK ATLANTA AVENUE, JACQUELINE SUSAN YAZZIE 22-3279, 100 BLOCK NORTH DEPOT DRIVE, LISA PUGLIESE PARKER. 22-3281, 100 BLOCK NORTH DEPOT DRIVE, LORENZO ROMANO. 22-3284, 200 BLOCK OF ORANGE AVENUE, JERRY LEE COUNTRYMAN, JR. 22-2237, 510 NORTH SIXTH STREET, CRUICKSHANK. AND THEN WE'RE GOING TO MOVE TO
[B. 22-3280 PK 100 Blk North Depot Drive Rhonda Kristin Laspina Charmaine Kirkland]
22-3280, 100 BLOCK NORTH DEPOT DRIVE, RHONDA KRISTIN LASPINA.>> >> WE'RE CALLING YOUR CASE NOW.
>> GOOD MORNING. >> MA'AM, YOU CAN STAND AT THE OTHER PODIUM IF THAT'S EASIER FOR YOU.
>> CAN YOU HEAR ME? >> IS THAT BETTER FOR YOU IN.
>> GOOD MORNING, YOUR HONOR. CHARMAYNE KIRKLAND FOR THE CITY OF FORT PIERCE CODE ENFORCEMENT OFFICER, CASE 22-3280. IT'S A PARKING CITATION THAT WAS ISSUED AT THE 100 BLOCK ON NORTH DEPOT DRIVE BY VIOLATER RHONDA KRISTIN LASPINA. CASE INITIATED ON NOVEMBER 16, 2022. PARKING CITATION NUMBER 187-1634-P, TWO HOUR PARKING. THE THE CITY REQUESTS THE SPECIAL MAGISTRATE FINDS THE VIOLATION [INAUDIBLE] THE VIOLATER, THEY ARE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. FINAL $50 ADMIN STRAY FEE OF $10, LATE FEE
OF $18, A TOTAL OF $78. >> WOW. I'M SORRY.
>> MS. KIRKLAND, CAN YOU REPEAT THE CITATION NUMBER FOR US?
>> MS. KIRKLAND: 18716. >> 1876?
>> MS. KIRKLAND: 18716. OH, YES. SORRY.
>> JUST WANT TO MAKE SURE WE HAVE IT CORRECT. DO YOU HAVE PHOTOGRAPHS OF THE VIOLATION? HAS THE RESPONDENT SEEN THOSE? HAVE YOU HAD A CHANCE TO SEE THE PHOTOGRAPHS?
>> NO, NOT REALLY. I'M GUILTY OF IT. [INAUDIBLE] AND DIDN'T
[00:05:02]
REALIZE MY TIME WAS OVER. >> OKAY.
>> AND I HAVE TROUBLE WALKING HERE. I HAVE TROUBLE WALKING.
I TRIED TO GET IN THE CLOSER PARKING ON THE STREET, BUT THERE WAS NONE. THE GARAGE WAS TOO FAR UP AND I JUST COULDN'T WALK THAT FAR. SO I PARKED AT HOME DEPOT, THE DEPOT DRIVE.
>> WE'RE A LITTLE OUT OF ORDER. MA'AM, CAN I ASK YOU, DO YOU
HAVE A HANDICAP PLACARD? >> YES. I HAVE A DECAL.
>> WERE THERE NO HANDICAPS * CAP SPOTS AVAILABLE CLOSER TO WHERE
YOU WERE GOING? >> NOT WHEN I WAS THERE FOR
LUNCH, NO. >> OKAY. CAN WE HAVE ONE SECOND
IN. >> SURE. AND MA'AM, DO YOU HAVE YOUR HAND I CAPPED PLACARD WITH YOU IN YOUR CAR IN.
>> PARDON ME? >> DO YOU HAVE YOUR HANDICAPPED PLACARD WITH YOU IN THE CAR TODAY IN.%
>> YES. IT'S ON THE MIRROR THING. I GOT THE HANDICAPPED
PARKING SPOT. >> SPECIAL MAGISTRATE, WE'RE GOING TO ASK THAT THIS ONE KIND OF BE PLACED ON A TEMPORARY HOLD WHILE WE GO AND CHECK HER HANDICAPPED PLACARD, BECAUSE THERE IS LIMITED HANDICAPPED PARKING.
>> ARE YOU PARKED IN THE GARAGE >> YES.
>> AND IF WE CAN JUST LOOK. >> SURE.
>> FOR A MOMENT WHILE WE GO THROUGH THE OTHER CASES.
>> SURE. >> IF YOU JUST HAVE A SEAT,
WE'LL RECALL YOUR CASE. >> OKAY. GOOD.
>> BACK ON SOUND. >> WE'RE GOING TO GO WITH THE
[A. 22-3258 PK 100 Blk North Indian River Dr Marion Heddesheimer, Donald Keith Picker Charmaine Kirkland]
[INAUDIBLE] >> NEXT WE'RE GOING TO CALL 22-32358, 100 BLOCK NORTH INDIAN RIVER DRIVE, HEDDESCHEIMER.
>> YOUR HONOR, CASE NUMBER 22- 3258 IS A PARKING CITATION THAT WAS ISSUED ON THE 100 BLOCK OF NORTH INDIAN RIVER DRIVE TO A MARYLAND * * MARY HAIR JANUARY HEDDESCHEIMER AND DONALD KEITH ICKER, CASE ISSUED 2022. CODE SECTION 34-35L, RESTRICTED CAR WORKING ONLY. FINAL $50, ADMINISTRATIVE FEE OF $10, LATE FEE OF $18. TOTAL DUE OF $78. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATER WILL BE ASSESSED A TOTAL DUE AS INDICATED ABOVE. FAILURES TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. AND I DO HAVE PHOTOS THAT DEPICT.
>> SORRY. FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU
>> AT THIS TIME THE CITY WILL MOVE IN AS [INAUDIBLE] OF THE
PHOTOGRAPHS. >> THE PHOTOGRAPHS SUBMITTED WILL BE ENTERED INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE.
DO YOU HAVE ANYTHING ELSE TO ADD?
>> NO, MA'AM. >> OKAY. I FIND THAT BASED ON THE PHOTOGRAPHS AND THE TESTIMONY THAT THE VIOLATION DOES EXIST AND THE VIOLATER BE ASSESSED A FINE OF $50, AN ADMINISTRATIVE FEE OF $10 AND LATE FEE OF $18 FOR A TOTAL OF $78. FAILURE TO PAY SUCH FINE WITHIN 14 DAYS WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. AND THERE IS A 30-DAY APPEAL TIME AVAILABLE.
[00:10:13]
RECALL THAT ONE AGAIN. NIX CASE.>> NEXT CASE IS 22-3280, 100 BLOCK NORTH DEPOT DRIVE, RHONDA
KRISTIN LASPINA. >> GOOD MORNING, SPECIAL MAGISTRATE. CITY OF FORT PIERCE, CODE OFFICER. I JUST WENT TO THE PARKING GARAGE AND I TOOK PHOTOS OF MS. LASPINA'S VEHICLE, AND SHE DOES HAVE A HANDICAP PLACARD.
>> OKAY. >> WHICH I SENT THE PHOTO TO YOU
LADIES. SO WE HAVE PROOF. >> OKAY.
>> SO -- >> [INAUDIBLE] ANY TIME YOU'RE PARKING DOWNTOWN, WHETHER IT'S IN HANDICAPPED PARKING SPOT OR
NOT, HANG THAT PLACARD. OKAY? >> I DIDN'T KNOW.
>> RIGHT. WE DON'T ENFORCE THE TWO HOURS ON HANDICAPPED WHEN
YOU PUT THE PLACARD UP. >> OKAY.
>> IF YOU PARK IN THE SPOT AND DON'T PUT IT UP -- SO NO MATTER WHERE YOU ARE DOWNTOWN, PUT THAT PLACARD UP.
>> THIS CITATION WILL BE DISMISSED. THANK YOU FOR COMING IN. AND THE NEXT CASE IS 22-3450, 2401 AVENUE P, JIMMIE
[A. 22-3450 CE 2401 Avenue P Jimmie Nettles Tree & Land Clearing Services Inc Isaac Saucedo]
NETTLES TREE & LAND CLEARING SERVICES.>> >> MR. NETTLES? YOU CAN COME
UP. >> DO YOU WANT THE LAST HEARING GOOD MORNING. THIS IS CASE 22-3450, 2401 AVENUE P. CASE WAS INITIATED BY MYSELF ON DECEMBER 20TH OF 2022. THE VIOLATER IS JIMMIE NETTLES TREE & LAND CLEARING SERVICES OF 2464 IROQUOIS AVENUE IN FORT PIERCE. THE VIOLATIONS ARE IPMC123-64 SUBSECTION A FOR TREE REMOVAL. THE CORRECT I HAVE ACTIONS ARE DUE TO THE IRREVERSIBLE NATURE OF THIS MATTER. WELL THERE REALLY WAS NO CORRECT I HAVE ACTION TO BE TAKEN CARE OF. THE CITY'S RECOMMENDATION THE CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS, THE VIOLATER BE FINED AS FOLLOWS: ONE LIVE OAK TREE WHILE OVER 25DBH TIMES $250 EQUALS 5,250 MAXIMUM PER STATE STATUTE. 162 SHOULD BE IMPOSED AT 5,000. SO THERE WAS AN OAK TREE THAT WAS CUT WITHOUT A PERMIT. I DO HAVE PHOTOS HERE IF YOU GUYS WANT TO TAKE A LOOK
>> I DID NOT. LARRY STEVENS, ANOTHER CODE OFFICER.
>> MR. BERTRAM, DID YOU SEE THE TREE AFTER IT HAD BEEN CUT DOWN
IN. >> YES, MA'AM. I WAS THERE
WHILE IT WAS BEING CUT DOWN. >> WE'LL [INAUDIBLE]
MR. BERTRAM. [INAUDIBLE] >> NO. SO THE CITY WILL CALL PAUL BERTRAM AT THIS POINT. CAN YOU TELL US YOUR FULL NAME,
PLEASE, SIR IN. >> PAUL BERTRAM.
>> HOW ARE YOU EMPLOYED? >> I'M SORRY?
>> HOW ARE YOU EMPLOYED? >> CITY OF FORT PIERCE URBAN
FORESTER. >> HOW LONG HAVE YOU DONE THAT
INCIDENTS THAT WE'RE TALKING ABOUT RIGHT NOW AT 2401 * * ZERO
AVENUE P? >> I DID. I RECEIVED A CALL AND A COMPLAINT THAT A TREE WAS BEING CUT DOWN AND WE RESPONDED
WHILE THEY WERE STILL THERE. >> AND THE PHOTOGRAPHS THAT WE ARE SHOWING YOU NOW, DO THOSE FAIRLY AND ACCURATELY DEPICT THE TREE THAT WAS CUT DOWN AS YOU OBSERVED IT?
>> YES, CHER. >> YOU SHOWED US, MR. NETTLES,
[00:15:01]
PLEASE? WHILE HE'S LOOKING AT THOSE, MR. BERTRAM, WHAT KIND OFTREE WAS THIS? >> IT WAS A LIVE OAK TREE.
>> AND PER THE CITY CODE, DOES THAT REQUIRE A PERMIT TO CUT IT
>> AND HOW FAR DOWN WAS THIS TREE CUT?
>> I'D SAY PROBABLY 75, 80% OF THE TOP WAS GONE.
>> OKAY. WHAT DOES THAT DO TO THE TREE?
>> IT JUST MAKES IT WHERE THE TREE CANNOT SUSTAIN ANY NEW GROWTH ON IT. JUST ALL SUCKER GROWTH. IT'S CALLED HAT RACKING WHERE THE STRUCTURE OF THE TREE LOSES ITS STRENGTH IN THE TREE AND PRETTY MUCH DESTROYS THE TREE.
>> MR. NETTLES, HAVE YOU HAD A CHANCE TO LOOK AT PHOTOGRAPHS?
>> YES. >> OKAY. DO YOU HAVE ANY OBSERVATION TO THEM BEING ACCURATE IN.
>> A WHOLE LOT. A WHOLE LOT. >> OKAY. THEY DON'T FAIRLY DEPICT WHAT WAS OBSERVED? SO YOU WILL HAVE A CHANCE TO SPEAK MY QUESTION NOW IS WHETHER YOU BELIEVE THOSE PHOTOS ARE
INACCURATE IN. >> THE PHOTOS ARE ACCURATE.
>> OKAY. SO WE'LL MOVE THOSE IN AS CITY'S COMPOSITE EXHIBIT ONE
>> OKAY. I'M SORRY FOR INTERRUPTING. JUST FOR THE RECORD, I DON'T BELIEVE I WAS SWORN IN. I DON'T KNOW IF IT'S
TOO LATE. >> OKAY. CAN WE SWEAR MR. SAUCEDO IN AND THAT TRUE?
>> WILL YOU PLEASE RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH AND EVERYTHING BEFORE THAT?
>> YES. I DO. >> MR. NETTLES, ANY OBJECTION TO THE OATH THEY JUST TOOK? WE DID IT BACKWARDS. DO YOU WANT THEM
>> YOU'RE GOING TO GIVE ME AN OPPORTUNITY. RIGHT? I'M NOT GOING TO TAKE THIS WITH ME, NO, MA'AM.
>> DO YOU WANT THEM UP ON THE SCREEN? SHOW YOU, WE CAN SHOW YOU IF YOU WANT TO DISCUSS THEM. THE CITY WILL MOVE IN AT THIS TIME THE PHOTOGRAPHS AS COMPOSITE EXHIBIT
ONE. >> PHOTOS SUBMITTED WILL BE ENTERED INTO EVIDENCE AS CITY'S EXHIBIT ONE, COMPOSITE ONE.
>> MR. BERTRAM, MR. SAUCEDO, ANYTHING FURTHER YOU WANT THE
SPECIAL MAGISTRATE TO KNOW? >> NOT FOR ME, NO.
>> NOT AT THE MOMENT. I WOULD LIKE A CHANCE TO RESPOND.
>> SURE. >> NOTHING FURTHER AT THIS TIME
>> [INAUDIBLE] >> STOP THERE, PLEASE.
>> I'M GOING TO COME BACK TO IT >> SURE.
>> SORRY. SPECIAL MAGISTRATE POINT OUT, WE HAD A LETTER IN HERE THAT WE DID NOT MEAN TO ATTACH. SO WE WILL REMOVE THAT, AND THE REMAINING ARE THE PHOTOS WITH THE CITY'S COMPOSITE EXHIBIT ONE. THIS IS THE PHOTOGRAPH?
>> NO. THAT'S THE UP WITH. >> RIGHT THERE. GO BACK UP,
>> THIS ONE? >> YES. OKAY. I DID NOT GET A PERMIT TO CUT THE TREE BACK. I WAS UNDER THE ASSUMPTION THAT -- I'VE BEEN DOING IT ABOUT 23 YEARS. YOU CAN CUT THE TREE BACK, BUT YOU CAN'T DESTROY THE TREE. THE CLIENT THE TREE WAS MASSIVE. WHEN I SAY MASSIVE, I MEAN MASSIVE. OVER THE POWER LINE. OVER THEIR HOUSE. STICKING EVERYWHERE. IT WAS EXTREMELY HIGH. AND BOTH OF THEM ARE DEAF, SO THEY WAS JUST NERVOUS. AND I SAY IF WE'RE GOING TO TAKE THE TREE DOWN, YOU HAVE TO GET A PERMIT. I SAID, BUT YOU CAN TRIM THE TREE BACK
[00:20:06]
AND MAKE IT SAFE FOR YOU. AND THAT'S THE DIRECTION THAT WE WENT. I TRIMMED BACK OAK TREES, BUT MY PHILOSOPHY, I DID NOT KNOW IT WAS A SPECIALIZED TREE, MR.-- WHAT WAS YOUR FIRST NAME?>> I'M PAUL. >> PAUL, WHEN PAUL CAME, PAUL JUMPS OUT OF THE VEHICLE AND HE WAS GOING CRAZY. AND I WAS SAYING, SIR, YOU KNOW, CALM DOWN. I'M -- I KNOW YOU'RE THE BOSS, BUT I SAID, YOU KNOW, CALM DOWN. AND HE JUST KEPT RIGHT ON GOING. I'M GOING TO MAKE YOU DO IT AND YOU'RE GONNA DO THIS AND I'M GONNA FINE YOU. I'M GONNA DO THIS. AND I'M LIKE, HOLD ON CALM DOWN. SO THIS LAST LIMB, I LITERALLY BEGGED HIM FOR THE SAKE OF THE CLIENT. THEY WERE ALREADY NERVOUS. THE THEY WAS ALREADY SCARED TO DEATH OVER THIS TREE, AND I WAS DOING ALL I CAN TO MAKE THEM COMFORTABLE WITHOUT TAKING THE TREE ALL THE WAY DOWN. IF YOU GO BY AND LOOK AT THE TREE NOW, THE TREE IS STILL MASSIVE. IT'S STILL UP THERE.
SO I ASKED THEM, I SAID, CAN I FINISH TAKING IT DOWN? HE JUST KEPT GOING. AND I SAID, SIR, I'M NOT HERE TO ARGUE. I'M A LOCAL PASTOR. I KNOW HOW TO BEHAVE MYSELF. I SAY, I JUST WANT TO PROTECT THESE PEOPLE. LET ME TAKE THIS LIMB, CUT THIS LIMB BACK FROM OVER THESE POWER LINES. AND MR. BERTRAM JUST KIND OF KEPT ON GOING ON AND ON, AND I SAID, SIR, I JUST WANT TO PROTECT THE PEOPLE. SO I WOULD NOT CUT IT, I DID NOT CUT THAT LIMB UNTIL HE SAID, WELL, GO AHEAD AND CUT IT. I MEAN, SO HE WAS -- I THOUGHT THAT WAS A LITTLE KIND OF UNPROFESSIONAL.
I THOUGHT IT WAS KIND OF UNPROFESSIONAL. AND SO BY TALKING TO HIM SAYING, I THINK THIS IS KIND OF UNPROFESSIONAL WHERE WE'RE GOING ABOUT IT HERE I SAID, I'M JUST TRYING TO HELP THESE PEOPLE SO THEY CAN BE COMFORTABLE IN THEIR HOUSE.
THAT'S ALL I'M TRYING TO DO. THE TREE IS SLOWLY COMING BACK OUT ALREADY, BUT I DID NOT KNOW THAT IT WAS A SO-CALLED PROTECTED TREE WHERE YOU'RE NOT SUPPOSED TO -- WHEN YOU SAY PROTECTED, HOW FAR COULD I HAVE CUT IT BACK, SIR? WHEN YOU SAY
IT'S A PROTECTED TREE? >> SO I CAN ANSWER THAT FOR YOU UNDER 123-64, AND WE CAN PULL THAT CODE UP FOR YOU, SPECIAL MAGISTRATE, WHEN YOU ARE DEALING WITH A PROTECTED TREE, WHICH THE DEFINITION IS ABOVE. WE CAN SHOW THAT TO YOU AS WELL IN A MINUTE. SO NO PERSON SHALL DIRECTLY OR INDIRECTLY CUT DOWN, SUBSTANTIALLY ALTER, DESTROY, REMOVE, RELOCATE, DAMAGE, OR AUTHORIZE ANY SUCH ACTS INVOLVING A PROTECTED TREE WITHOUT FIRST ATTAINING A TREE REMOVAL PERMIT. SO IF YOU WERE DOING ANYTHING ABOVE NORMAL PRUNING OR LANDSCAPING OR TRIMMING, THAT REQUIRES A PERMIT. IF WE GO UP TO 123-1 AT THE VERY TOP, THE DEFINITION OF A PROTECTED TREE MEANS ANY TREE OF 8 INCHES OR CIRCUMFERENCE OF 25 INCHES OR MORE. THE DBH ON THIS ONE WAS 21, SO WELL ABOVE THE 8 INCHES. IS THAT CORRECT,
MR. BERTRAM? >> IT WAS OVER 40.
>> OKAY. >> SO MY THING, I WAS NOT PLEASED WITH HOW HE CARRIED ON. I WAS NOT PLEASED. BUT I DIDN'T GET A PERMIT, BECAUSE I WAS JUST CUTTING THE TREE BACK, TRYING TO PROTECT THESE PEOPLE. AND SOMEONE CALLED FROM THE CITY AND
[00:25:04]
TOLD THE CLIENT THAT YOU PROBABLY WANT TO BE HERE, BECAUSE MR. NETTLES PRETTY MUCH MAY STAND UP AND LIE. THESE PEOPLE, I TOLDDEARLY IN MY HEART WHEN I CONSIDER THAT THEY ARE DEAF, THEY CANNOT HEAR OR SPEAK. AND I WAS ONLY JUST TRYING TO PROTECT THEIR PROPERTY AND GET THE TREE FROM OVER ALL OF THESE -- IT WAS ALL OVER THE PLACE. YOU HAD THE PROPERTY OVER HERE IS WAY ACROSS THE FENCE. YOU HAVE ACROSS THEIR POWER LINES, RIGHT ACROSS THE FENCE. NEXT DOOR TO THEM YOU HAVE A HOUSE. THE TREE WAS ABOUT 20 FEET WAY OVER IN THE OTHER PEOPLE'S YARD. AND I GUESS I'M JUST -- I JUST WANT TO BE HONEST, BUT I THOUGHT THAT THAT WAS VERY UNPROFESSIONAL TO CALL THE PEOPLE AND SAY, I THINK YOU BETTER BE HERE, BECAUSE MR. NETTLES IS GONNA LIE. I LOVE THIS DEAR CLIENT. THEY'RE PRECIOUS TO ME. AND I WAS KIND OF SHOCKED BY THAT. I THOUGHT MAYBE, WHY WOULD THEY CALL AND DO SOMETHING, SAY SOMETHING LIKE THAT? THAT'S UNPROFESSIONAL. THAT'S OUT OF ORDER. TOTALLYOUT OF ORDER. >> DO YOU HAVE ANYTHING ELSE YOU WOULD LIKE TO SAY, MR. NETTLES? I DO HAVE SOME QUESTIONS FOR YOU
WHEN YOU ARE FINISHED. >> GO AHEAD, MA'AM.
>> SO YOU SAID YOU'VE BEEN DOING THIS FOR OVER 20 YEARS?
>> YES, MA'AM. >> OKAY. HOW MANY TIMES HAVE YOU OBTAINED A PERMIT FOR CUTTING DOWN TREES?
>> I'VE TAPED A PERMIT HOW MANY TIMES? I DON'T KNOW. I CAN'T
COUNT THOSE. >> AN ESTIMATE. MORE THAN TEN?
>> MORE THAN 30? >> I DON'T KNOW ABOUT 30.
>> OKAY. >> I DO A BUNCH OF TRIMMING,
MA'AM. I DO A TON OF TRIMMING. >> SO FROM YOUR ESTIMATE, MORE THAN 20 TIMES YOU OBTAINED PERMITS FOR TREES?
>> YEAH. MAYBE, YEAH. MAYBE, MAYBE.
>> SO YOU ARE WELL AWARE THAT IN CERTAIN CIRCUMSTANCES, PERMITS ARE REQUIRED TO CUT DOWN TREES OR CUT BACK TREES? RIGHT?
>> NO. >> YOU'RE NOT AWARE OF THAT.
>> IS NO, MA'AM. NOT TO CUT 'EM BACK. NOT TO CUT 'EM BACK. LET ME SAY THIS, TOO, WHILE I'M STANDING HERE. WE HAVE PEOPLE THAT -- WE HAVE PEOPLE THAT ARE IN POSITION SOMETIME IN THEIR OWN NEIGHBORHOOD, THEY STAY IN THE NEIGHBORHOOD AND THEY LET THEIR FRIENDS DO WHAT THEY WANT TO.
>> MY QUESTION IS RELATED TO WHETHER YOU'RE AWARE THAT YOU HAVE TO GET PERMITS IN CERTAIN CIRCUMSTANCES RELATED TO YOUR
JOB? >> SAY THAT AGAIN NOW. YES,
YES. >> AND IT SOUNDS LIKE YOU'VE HAD PLENTY OF DEALINGS WITH THE CITY OF FORT PIERCE?
>> PLENTY OF DEALINGS? A LOT OF WORK? WHAT ARE YOU SAYING IN.
>> SO IF YOU'VE OBTAINED APPROXIMATELY 20 PERMITS, YOU KNOW HOW TO APPLY FOR A PERMIT. CORRECT?
>> >> SURE. AND AND I'M ASSUMING, BECAUSE WE ALL HAVE SMARTPHONES WITH GOOGLE ON THEM, IF YOU HAVE QUESTIONS, YOU COULD HAVE LOOKED UP THE PHONE NUMBER TO CALL AND
ASK. RIGHT? >> YES, BUT I DIDN'T THINK I NEEDED A PERMIT FOR THIS, MA'AM THAT'S THE ONLY REASON I CUT IT BACK. I DIDN'T THINK WE NEEDED A PERMIT FOR THAT.
>> MAY I SPEAK REAL QUICK? MR. NETTLES IS CORRECT. YOU DO NOT NEED TO OBTAIN A PERMIT TO PRUNE A TREE IN THE CITY OF FORT PIERCE. ONLY TO REMOVE A TREE. THIS PARTICULAR TYPE OF PRUNING DESTROYS THE TREE. IT'S CALLED HAT-RACKING. IT'S WELL-KNOWN IN THE BUSINESS. IT'S BEEN -- IT'S BEEN ON THE RULES OF THE CITY FOR OVER 20 YEARS. THERE ARE WAYS OF PRUNING THE TREE WHERE YOU CAN ALLEVIATE STUFF OVER THE POWER LINES OF THERE'S WAYS TO PRUNE IT WHERE YOU CAN GET THE TREE SAFELY AWAY FROM THE HOUSE AND STILL RETAIN, YOU KNOW, NATURAL GROWTH TO THE TREE.
THIS PARTICULAR TREE IS AN ICON TREE. THERE'S ONLY A HANDFUL OF THEM IN THAT PART OF THE CITY OF FORT PIERCE. THE TREE HAS BEEN THERE FOR WELL OVER 150 YEARS AND IT'S STILL STANDING. THE CUSTOMER WAS NOT AT FAULT AT ALL ON THIS. AND I'M NOT GOING TO SAY THAT MR. NETTLES OVER SOLD THE JOB. I'M SURE SHE WAS CONCERNED. NOT EVERYBODY KNOWS HOW A TREE WORKS AND THE STRUCTURE. THE REASON WE HAVE A PERSONNING PROCESS, MY OFFICE IS ALWAYS OPEN, IF PEOPLE HAVE A QUESTION ON AND CALL ALL THE TIME. CAN I CUT THIS BACK? WE'RE ALWAYS THERE TO ANSWER AND
[00:30:01]
GIVE BACK. I'M ALWAYS PROFESSIONAL. THIS IS WHAT WE TRY TO ALLEVIATE WHEN IT COMES TO BUSINESS PRACTICES. WE UNDERSTAND THAT THE HOMEOWNER AND THE AVERAGE PERSON IS NOT GOING TO KNOW WHAT'S REQUIRE. MR. NETTLES IS A PROFESSIONAL.HE'S BEEN WITH IT FOR A LONG TIME. THE DAMAGE WAS DONE, YOU KNOW. WE WISH WE COULD HAVE CAUGHT IT A LITTLE EARLIER.
>> AND LET ME ASK YOU THIS, MR. BERTRAM. THE ISSUE WITH THIS IS HOW FAR IT WAS CUT BACK ESSENTIALLY, IT KILLED ANY NEW
GROWTH FOR THIS TREE? >> IT WILL SPROUT BACK OUT, A LOT OF SPROUTS, BUT STRUCTURALLY, IT'S MORE DANGEROUS NOW THAN BEFORE HE WORKED ON IT, BECAUSE EVENTUALLY, THE TREE WILL START TO ROT. THE ENDS WILL ROT.
EVENTUALLY, THE TREE WILL HAVE TO BE CUT DOWN.
>> CAN I SAY SOMETHING? >> CERTAINLY.
>> I HAVE CUT BACK TREES TEN YEARS AGO AND THESE TREES ARE GORGEOUS, ABSOLUTELY GORGEOUS. THEY WOULD GROW BACK. THEY ARE GORGEOUS. SO SOMETHING HERE DON'T SOUND RIGHT. THEY'RE ABSOLUTELY GORGEOUS. GORGEOUS. SO I'M TRYING TO FIGURE OUT HERE WHAT'S GOING ON. THAT'S NOT TRUE. THEY GROW BACK AND THEY'RE GORGEOUS. ABSOLUTELY GORGEOUS. IT TAKES SOME TIME AND THAT IS WHAT THIS CLIENT WANTED. HE WANTED TO GET THIS FROM OVER HIS HOUSE. IT WAS EXTREMELY DANGEROUS. THE TREE WAS MASSIVE. TOOK ME AWHILE TO GET IT DOWN. I WAS TRYING TO
PLEASE MY PRECIOUS CLIENT. >> SIR, IF I MAY, I UNDERSTAND YOU WERE TRYING TO PLEASE THEM, BUT BEING IN THE BUSINESS FOR 20-PLUS YEARS, WOULDN'T IT HAVE BEEN WISER TO INQUIRE AS TO WHETHER YOU NEEDED A PERMIT FOR CUTTING IT BACK AS FAR AS YOU
DID? >> WELL, MA'AM, NO, MA'AM,
>> NO, MA'AM. IF WE TAKE THIS A LITTLE DEEPER, YOU CAN GO AROUND TOWN AND SEE WHERE THERE'S OTHER TREES THAT ARE CUT BACK WAY WORSE THAN THAT, AND THAT IS SOMETHING I TALKED TO HIM RIGHT ON THE SPOT. HE DIDN'T WANT TO HEAR IT PRETTY MUCH. SO I DID NOT KNOW IT WAS SUCH A PROTECTED TREE, LIKE HE SAID. BUT THIS IS HAPPENING EVERY DAY AND THIS IS HAPPENING INSIDE OF SOMETIMES PEOPLE THAT ARE IN THEIR AREAS AND DON'T SAY ANYTHING ABOUT IT. I WAS JUST DUMBFOUNDED. I WAS DUMB FUNDED THE WAY THAT -- DUMB FUNDED, THE UNPROFESSIONAL WAY THAT HE CAME AT ME. I MEAN, HE JUST LOST IT I WAS DUMBFOUNDED. VERY UNPROFESSIONAL. VERY UNPROFESSIONAL.
>> I THINK YOU'VE STATED THAT. I WAS JUST ASKING ABOUT WHETHER IF THERE WAS ANY QUESTION, WHY YOU WOULDN'T TAKE THE MORE CAUTIOUS ROUTE AND ASK IF A PERMIT WAS NEEDED. THEN WE
>> THAT'S ALL. >> MA'AM, I KNOW I'M REPEATING MYSELF. IF I WOULD HAVE KNOWN THAT, I WOULDN'T HAVE CUT IT BACK THAT FAR. I WOULD HAVE LEFT A WHOLE BUNCH OF IT OVER THE HOUSE. I WAS JUST TRYING TO DO WHAT WAS GOING TO BE SAFE FOR THOSE PRECIOUS CLIENTS. THAT'S ALL I WAS TRYING TO DO. THAT'S ALL I WAS TRYING TO DO IS MAKE IT SAFE. THAT'S ALL.
>> MR. NETTLES, I'M TRYING TO GIVE THE SPECIAL MAGISTRATE AN IDEA OF WHAT THIS TREE LOOKED LIKE BEFORE. I'M PULLING UP GOOGLE EARTH AND MAYBE YOU CAN ANSWER THIS FOR ME. THIS IS A GOOGLE EARTH PHOTO THAT WAS TAKEN IN SEPTEMBER OF 2022. ASK
THIS THE TREE? >> THAT'S THE TREE. AND GO BACK
>> IS I PROBABLY -- WELL, YOU CAN SEE THE TREE. THE TREE IS
[00:35:01]
STILL LARGE COMPARED TO WHAT HE IS MAKING IT OUT TO BE. IT'S STILL WAY UP IN THE AIR. IT IS NOT CUT BACK TO THE NUMBER OF LOOKING AT THIS, 15, 20, 30 FEET UP IN THE AIR. IT'S STILL A MASSIVE TREE. STILL AFTER ALL THAT THAT I CUT.>> DO YOU HAVE ANY OBJECTION, SIR, TO ME SHOWING THIS TO THE
SPECIAL MAGISTRATE? >> PLEASE, PLEASE, IF SHE CAN LOOK WHERE THE BASE IS AND SEE HOW MUCH IS STILL LEFT. THERE'S
A WHOLE LOT LEFT. >> [INAUDIBLE] IF YOU WANT A SIDE BY SIDE. WE CAN SCROLL ANY OF THESE ON THE MAINLINE.
>> WAS THAT ON THE POWER LINE, THAT PARTICULAR PICTURE YOU WERE SHOWING ME? I DON'T KNOW HOW LONG AGO THAT WAS, BUT THIS WAS
ALL OVER EVERYWHERE. >> THIS WAS SEPTEMBER OF 2022
>> AND PERSONALLY, I DON'T SEE ANY POWER LINES IN THERE. BUT YOU'RE LIMITED TO WHAT GOOGLE, THE ANGLE THAT THEY TOOK, IF
THAT MAKES SENSE. >> THERE IS A POWER LINE. IT'S A 220 THAT COMES IN. NOT A PRIMARY OR A SECONDARY.
[INAUDIBLE] GOES WITH THE PFUA NOW, THEY DON'T EVEN PRUNE THEM
ANYMORE FOR 220S. >> AND THE PHOTO THAT'S ON THE SCREEN NOW SHOWS TO ME, ANYWAY, VEGETATION ON, YOU KNOW, LEAVES AND BRANCHES. MORE OR LESS ON ONE SIDE OF IT AND NOTHING ON THE OTHER. IS THAT AN ACCURATE DESCRIPTION?
>> ARE YOU SAYING THE ONE THAT SHE JUST SHOWED YOU?
>> NO, NO. THIS ONE THAT'S ON THIS ONE.
>> THAT IS ONE OF THE ONES THAT WAS OVER THE -- WE BACK IT UP AGAIN. THAT'S ONE OF THE ONES THAT IS OVER THE POWER LINE, AND I BEGGED HIM TO LET ME CUT THAT LIMB FROM OVER THE POWER LINE, BECAUSE THE CLIENTS WERE SCARED TO DEATH OF THE TREE. I BEGGED HIM, AND HE FINALLY SAY, GO AHEAD AND DO IT. I MEAN,
EVERYTHING WAS WITH AN ATTITUDE. >> I THINK THE QUESTION IS, WHAT WE SEE IN THIS PHOTO HERE, IS THAT ALL THAT WAS LEFT FOR VEGETATION ON THE TREE AFTER YOU WERE DONE CUTTING IT?
>> OR WAS THERE MORE? IS THAT BRANCH THAT HAS LEAVES ON IT, ONE MINUTE, WAS THAT WHAT PAUL TOLD YOU, GO AHEAD AND CUT IT? SO IS THERE MORE CUT BACK THAN WHAT I SEE IN THIS PICTURE?
>> NO, MA'AM. >> THAT WAS LEFT IN.
>> THAT WAS -- >> SO I SHOULD ASK HIM, HE ASKED
YOU TO ALLOW HIM TO CONTINUE? >> JUST THAT ONE LIMB, MA'AM.
JUST TO GET IT FROM OVER THE POWER LINE. THAT ONE LIMB THAT
WAS STICKING UP. >> AND DID YOU SAY HE COULD DO
IT? OR MAYBE YOU CAN EXPLAIN. >> WHAT HAPPENS IN A SITUATION LIKE THAT IS HE CREATED A LIABILITY BY LEAVING THAT ONE PARTICULAR LIMB STILL THERE. SO RATHER THAN RISK AN INJURY OF NOT LETTING HIM FINISH TO CUT THAT OFF, IT WOULD HAVE CREATED A BIGGER SAFETY HAZARD FOR PEOPLE, PEDESTRIANS, AND THE CITY'S LIABILITY. AND IN THAT CASE, WITH A SMOOTH DEMEANOR, I SAID THAT HE COULD GO AHEAD AND REMOVE THAT TO SAFEN THE TREE.
>> MR. BERTRAM, WHEN HE WAS DONE CUTTING, WAS THERE ANY LEAVE
LEFT ON THAT TREE IN. >> NOT THAT I'M AWARE OF.
>> AND THE BRANCH THAT WE'RE LOOKING AT SPECIFICALLY NOW, THAT ONE WAS THEN CUT OFF AS WELL?
>> CORRECT. >> YEAH. THAT WAS WHAT I WAS
>> OKAY. ALL RIGHT. >> SO TO BE CLEAR, WHAT WE SEE IN YOUR PHOTOGRAPHS OR THE PHOTOGRAPHS THAT MR. STEVENS TOOK, THIS IS WHEN YOU FIRST ARRIVED? WHEN YOU ALL FIRST GOT THERE AND THEN MORE CUTTING HAPPENED AFTER THE FACT?
>> CORRECT. THAT WAS THE STATES OF THE TREE WHEN WE ARRIVED AND
THEN MR. NETTLES REMOVED THE >> DOES THE CITY HAVE ANYTHING?
[00:40:02]
>> NO, MA'AM. I JUST WANT TO MAKE SURE WE CLARIFIED THE
>> IF I CAN SPEAK FREELY FOR A MOMENT, MR. NETTLES, TYPICALLY, WE EXPECT THE PROFESSIONAL SUCH AS YOURSELF TO EXPLAIN TO THE CLIENT, YOU KNOW, WHAT YOU CAN AND CAN'T DO. WHAT WE'RE TRYING TO ACHIEVE HERE IS NOT TO FINE YOUR BUSINESS. IT IS TO COME TO AN AGREEMENT THAT, YOU KNOW, THIS TYPE OF PRUNING DESTROYS RESOURCES THAT CAN'T BE REPLACED, AT LEAST IN OUR LIFETIME. YOU SEEM A LOT ARGUMENTATIVE IN THAT YOU WERE STILL CORRECT ON YOUR PRUNING PROCEDURES, THAT YOU DON'T HAVE A PROBLEM WITH THAT. AND THAT CREATES A PROBLEM FOR US. THIS ORDINANCE HAS BEEN IN PLACE FOR A LONG, LONG TIME AND PEOPLE SMARTER THAN I HAVE DONE LOTS OF RESEARCH AT THE UNIVERSITIES THAT SHOW THIS IS NOT ACCEPTABLE, AND IT DOES LONG-TERM DAMAGE TO MATURE TREES. THAT'S WHY WE'RE HERE
WHERE WE'RE AT TODAY. >> SO YOU HAVEN'T ROAD AROUND TOWN AND SAW OTHER TREES LIKE THAT?
>> I HAVE, YES. I REMEMBER GETTING PULLED OVER FOR SPEEDING ONE TIME AND I SAW A LOT OF CARS GOING BY, AND HE TOLD ME, I CAN'T CATCH EVERYONE. IT'S THE SAME WAY HERE. WE TRY. IT JUST SO HAPPENED THAT YOU WERE CAUGHT AND YOU DID DO THE DAMAGE TO THE TREE. AND ONCE WE GET THAT COMPLAINT, YOU KNOW, WE HAVE TO
MOVE FORWARD WITH IT. >> ANYTHING ELSE? OKAY. CAN YOU SCROLL BACK UP? SCROLL? I DON'T KNOW. I'M NOT SEEING WHAT
THE CITY'S -- >> THE AGENDA ITEM?
>> YES. YES, RIGHT THERE. UNFORTUNATELY, I KNOW THE FINE IS HEAVY, BUT I FIND THAT UNDER THE CIRCUMTANCES, THE VIOLATION DOES EXIST. AND THE FACT THAT YOU HAVE BEEN IN THE BUSINESS FOR OVER 20 YEARS, I CAN'T SAY THAT, YOU KNOW, YOU WERE UNAWARE. YOU WERE AWARE OR SHOULD HAVE BEEN AWARE THAT PERMITS ARE REQUIRED AND IF YOU WEREN'T SURE, THEN THE THING TO DO IS TO INQUIRE BEFORE YOU START CUTTING, NOT AFTER. SO I FIND THAT THE VIOLATION DOES EXIST AND THAT THE -- I DON'T KNOW. DO I HAVE ANY DISCRETION TO MAKE IT LESS THAN THIS?
>> THE MAXIMUM FINE UNDER THE STATES STATUTE IS 5,000. THE EQUATION THAT THE CITY USES IS 250 FOR THE [INAUDIBLE]
>> ALL RIGHT. >> IT WAS OVER [INAUDIBLE] FOR MR. BERTRAM, BUT WE WENT DOWN TO THE 21. SO THE REQUEST IS FOR THE 5,000, BUT YOU DO HAVE THE DISCRETION.
>> OKAY. I'M GOING TO SAY THAT HE DID -- I'M NOT CONDONING WHAT HE DID, BUT I THINK -- I BELIEVE HIM WHEN HE SAYS HE DIDN'T THINK HE WAS HARMING THE TREE. HOWEVER, AGAIN, BECAUSE HE'S IN THE BUSINESS AND SHOULD HAVE KNOWN, I FEEL THAT THE FINE -- I'M GOING TO SAY THE FINE SHOULD BE 2,500, WHICH IS STILL SUBSTANTIAL, BUT NOT THE MAXIMUM AND HOPE THAT IN THE FUTURE YOU'LL GET A PERMIT BEFORE YOU START CUTTING. SO THERE IS A 30-DAY APPEAL IF YOU WANT TO APPEAL THIS TO COUNTY COURT SYSTEM. BUT I FIND THAT THE VIOLATION EXISTS AND THE FINE
SHOULD BE 2500. >> [INAUDIBLE]
>> WELL, 30 DAYS, UNLESS HE'S ASKING FOR MORE TIME? I WOULD ENTERTAIN THAT IF HE WOULD LIKE MORE TIME.
>> THAT'S THE BEST YOU CAN DO FOR ME? I MEAN, THAT'S THE
BEST? >> IT'S MORE THAN -- IT'S HALF OF WHAT THE -- BASICALLY HALF OF WHAT THE CITY IS ASKING FOR.
AND I DO THINK THE VIOLATION EXISTS. SO I CAN'T JUST IGNORE
[00:45:03]
THAT. >> WELL, THERE'S NO SYMPATHY ON THE CLIENT THAT WAS SCARED TO DEATH OF THIS TREE BEING ALL OVER THEIR YARD? ALL OVER THEIR HOUSE? NO SYMPATHY FOR THEM?
>> * -- THEY ACTUALLY WANT ME TO CUT IT BACK A LITTLE MORE AND I
SAID NO. >> YEAH, BUT THE ANSWER YOU COULD HAVE GIVEN THEM IS IF YOU WANT TO DO THIS, YOU NEED A PERMIT AND I WILL BE GLAD TO GET IT FOR YOU.
>> IT I DIDN'T THINK I NEEDED A PERMIT ON THAT PARTICULAR -- THAT PARTICULAR SPECIES OF TREE, BUT THERE'S OTHER TREES THAT I
HAVE -- >> SIR, I'M NOT A TREE EXPERT, BUT I KNOW THAT AN OAK TREE IS SOMETHING YOU JUST CAN'T CHOP DOWN. SO CERTAINLY IF YOU'RE IN THE BUSINESS OF CUTTING TREES --
>> I DIDN'T CHOP IT DOWN. I CUT IT BACK.
>> WELL, CUT IT BACK. BUT I WOULD THINK YOU WOULD HAVE KNOWN THAT AN OAK TREE IS SOMETHING YOU SHOULD HAVE CHECKED ON.
CHECKED TO SEE WHAT YOU NEEDED, WHAT WAS PERMITTED AND WHAT WAS
NOT. SO THAT'S MY DECISION. >> FROM LOOKING AT THE GYMS THAT ARE STILL -- THE LIMBS THAT ARE STILL UP THERE AND HIGH UP IN THE AIR, YOU STILL CAN'T DO ANYTHING? I MEAN, SOMETIMES PEOPLE CUT THEIR TREE ALL THE WAY BACK TO WHERE THEY --
>> YES. I UNDERSTAND THAT. THANK YOU.
>> YOU'LL GET A COPY OF [INAUDIBLE]
>> THANK YOU. NEXT CASE IS 22-3294, 100 BLOCK NORTH DEPOT
[C. 22-3294 PK 100 Blk N Depot Dr Shakesha Nicole Williams Charmaine Kirkland]
DRIVE, SHACK SHACK. >> I'M SORRY. WAS THAT 30 DAYS FOR THAT ONE TO SHAY? SORRY ABOUT THAT.
>> I ASKED IF HE NEEDED MORE TIME. AND CASE 22-394, PARKING VIOLATION OCCURRED AT 100 BLOCK OF NORTH DEPOT DRIVE, VIOLATER NAME IS SHAKESHA NICOLE WILLIAMS. CASE INITIATED NOVEMBER 22ND, 2022. PARKING CITATION NUMBER 18727, CODE SECTION 34-35P EXCEEDING THE TWO HOUR PARKING LIMIT. FINE OF $50. ADMINISTRATIVE FEE OF $10 LATE FEE OF $18, WHICH IS A TOTAL OF $78. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATER WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT
SYSTEM. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?
>> YES, MA'AM. >> PHOTOGRAPHS ARE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE. I FIND THAT THES VIOLATION EXISTS AND THAT THE FINE OF $50 ADMINISTRATIVE FEE OF $10 AND LATE FEE OF $18 WOULD A TOTAL OF $78 IS DUE IN 14 DAYS.
>> YES, MA'AM. >> OR IT WILL BE FORWARDED TO THE COUNTY COURT SYSTEM. AND OF COURSE, THEY HAVE THE RIGHT TO APPEAL * IN 30 DAYS. WITHIN 30 DAYS.
[D. 22-3287 PK Jaycee Park Gerardo Tiago Weiler Vargas Pena Charmaine Kirkland]
>> THE NEXT CASE IS 22-3287, JAYCEE PARK GERARDO TIAGO WEILER
VARGAS PENA. >> CASE NUMBER 22-3287, A PARKING CITATION THAT WAS ISSUED AT JAYCEE PARK VIOLATER GERARDO TIAGO WEILER VARGAS PENA, CASE INITIATED NUMBER 20TH, 2022.
PARKING CITATION NUMBER 18724. IT'S CODE SECTION 3435T, PARKING
[00:50:04]
IN A SAFETY ZONE, FINE OF $50 ADMINISTRATIVE FEE OF $10, LATE FEE OF $18, WHICH IS A TOTAL DUE OF $78. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATIONS EXIST, THE VIOLATER WILL BE ASSESSED A TOTAL DUE AS INDICATED ABOVE.FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS TO
DEPICT THE VIOLATION. >> THE VIOLATION AS YOU OBSERVED
>> OH, YEAH. I DID. SORRY. >> THAT'S OKAY.
>> TILT, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT ONE, THE PHOTOGRAPHS. MS. KIRKLAND, I'M GOING TO HAND YOU BACK A PACKET YOU GAVE ME THAT THE DATA PRINTOUT IS IN THERE. I'M GOING TO ASK, IF YOU CAN, TO REVIEW THAT. I THINK THAT THIS IS ONE OWNER AND THE FULL NAME IS GERARDO TIAGO WEILER VARGAS
>> IT'S JUST ONE VERY LONG NAME AND NOT TWO DIFFERENT OWNERS.
>> VERY LONG NAME. >> IT'S A VERY LONG NAME.
>> [INAUDIBLE] >> THE PHOTOS WILL BE ENTERED AS CITY COMPOSITE EXHIBITS ONE, AND I FIND FROM THE PHOTOS AND THE TESTIMONY THAT THE VIOLATION DID EXIST AND THE FINE OF $50, ADMINISTRATIVE FEE OF $10, LATE FEE OF $18, FOR A TOTAL OF $78 WILL BE ASSESSED AND PAYABLE IN 14 DAYS OR THE CITATION WILL BE FORWARDED TO THE COUNTY COURT SYSTEM. AND THEY HAVE 30 DAYS
TO APPEAL. >> OUR LAST CASE IS 22-3364, 100
[E. 22-3364 PK 100 Blk North Depot Drive Jovanni Lazaro Rabelo Charmaine Kirkland]
BLOCK NORTH DEPOT DRIVE, JOVANNI LAZARO RABELO.>> A PARKING CITATION THAT WAS ISSUED AT THE 100 BLOCK OF NORTH DEPOT DRIVE TO JOVANN LOS ANGELES CZAR OH RABELO. CASE INITIATED NOVEMBER 30, 2022, CODE SECTION 34-35P, 2 HOUR PARKING, FINE OF $50. ADMINISTRATIVE FEE OF $10, LATE FEE OF $18, TOTAL DUE OF $78. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATER WILL BE ASSESSED A TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. AND I TWO HAVE PHOTOS.
>> DO THE PHOTOS FAIRLY AND ACCURATELY DEPICT THE VIOLATION
AS YOU OBSERVED IT IN. >> YES.
>> AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE CITY ONE,
THE PHOTOGRAPHS. THANK YOU. >> PHOTOGRAPHS WILL BE ENTERED AS CITY COMPOSITE ONE. I FIND THAT THE VIOLATION EXISTS AND THAT THE FINE, BASED ON THE EVIDENCE IN THE PHOTOS -- OF THE PHOTOS AND THE TESTIMONY AND THAT THE FINE IS $50, ADMINISTRATIVE FEE OF $10. THE LATE FEE OF 18 FOR A TOTAL OF $78, WHICH IS DUE AND PAYABLE WITHIN 14 DAYS OR IT RESULT IN BEING CENTS TO THE COUNTY COURT SYSTEM. AND THERE IS A 30-DAY
APPEAL AVAILABLE. >> [INAUDIBLE]
PERIOD. >> THERE IS A NEW ORDINANCE IN
PLACE NOW. >> OKAY. SO BY THE NEXT
HEARING? THE NEW ONE? >> [INAUDIBLE]
>> WE'RE GOING TO TRY AND SEPARATE IT SO THAT YOU DON'T
HAVE OLD AND NEW TOGETHER. >> RIGHT.
>> WE'LL STOP THE OLD ONE AND THEN START THE NEW ONE. WE'RE GOING TO TRY AND SEPARATE WITH THIS ONE, TO LET YOU KNOW THIS WAS ADOPTED BY THE COMMISSION. SO WE'RE NOW WORKING ON A NEW -- MOST OF THEM ARE THE SAME. JUST THE NUMBER [INAUDIBLE] VERIFICATIONS, SUCH AS REQUIRING NO CAR TO BE PARKED BETWEEN TWO
>> IT HAS BEEN ADDED. AND THAT'S A GOOD IDEA.
[00:55:02]
>> WE'LL MAKE SURE YOU GET A COPY OF THAT ORDINANCE.
>> THANK YOU. >> THE CLERKS ARE OVER THERE CHOMPING AT THE BIT ABOUT NOTICE. WHAT'S HAPPENING ON THEIR FACES. YOU DON'T WANT TO FORGET TO READ THE NOTICE, DO
>> I DON'T WANT TO STEP ON YOUR TOES.
>> FOR CASES REQUIRING A HEARING PER STATE STATUTE 16212, A NOTICE OF HEARING WAS SENT TO THE VIOLATERS, CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNED SIGNED, IT IS PLACED IN THE FILE. IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED, AN AFFIDAVIT OF MAILING WITH A NOTICE OF HEARING ENCLOSED IS SENT TO THE VIOLATER. REGULAR U.S. MAIL. TEN DAYS PRIOR TO 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 POST BEING. IF IT THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN TEN DAYS IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATE BY STATE STATUTE, MAILING OF THE 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 HEARING, A NOTICE OF HEARING IS POSTED ON THE BLURRY TIN BOARD IN CITY HALL. -- BULLETIN BOARD IN CITY HALL.
>> THANK YOU. IS THERE ANYTHING ELSE NEW? OKAY. THEN THIS HEARING OF FEBRUARY 1ST,
* This transcript was compiled from uncorrected Closed Captioning.