Feb 15, 2023 Special Magistrate Hearing

[1. CALL TO ORDER]

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

[00:05:35]

ORANGE AVENU GOOD MORNING, I'M YOU MAY ALSO BE HERE FOR A @

[A. 22-3388 PK 100 Atlantic Ave Jacqueline Marie Tobias Charmaine Kirkland]

[B. 22-3111 PK 600 N Indian River Dr Kayla Quintanilla Michael Rabenecker]

[00:13:49]

>> $10 ADMINISTRATION FEE FOR A TOTAL DUE OF $60. THE CITY

[00:13:54]

THEY'RE ACCURATELY TIME STAMPND ADD THEY SHOW THAT A VIOLATION EXISTS AND ALSO HER CITATION PAPERWORK.

>> MA'AM, DO YOU WANT US TO MOVE YOUR CITATION APPEAL PAPERWORK, WHAT YOU SENT TO US, IN AS AN EXHIBIT ON YOUR BEHALF?

>> YES. >> MAKE SURE THERE'S NOTHING IN IT THAT YOU WOULDN'T WANT MOVED IN.

>> I ALSO BROUGHT MORE, BUT, MY DAUGHTER'S FACE IS ON IT. SO, I

[00:15:02]

>> SO, WHAT YOU COULD DO IS WHEN IT'S YOUR TIME, TECHNICALLY, TO PRESENT, YOU COULD LET EVERYONE LOOK AT IT WITHOUT MOVING IT IN AS AN EXHIBIT.

>> AT THIS TIME WE'LL MOVE INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE, THE PHOTOGRAPHS AND ON THE RESPONDENT'S BEHALF AS RESPONDENT'S EXHIBIT ONE, HER APPEAL PAPERWORK.

>> SPECIAL MAGISTRATE: THANK YOU. ANYTHING FURTHER,

MR. RABENECKER. >> NO, YOUR HONOR.

>> SPECIAL MAGISTRATE: STATE YOUR NAME FOR THE RECORD.

>> KAYLA QUINTANILLA. >> SPECIAL MAGISTRATE: YOU WERE PARKED IN A BOAT PARKING SOT?

>> YES. >> SPECIAL MAGISTRATE: AND

YOUR CONTESTING THAT? >> THEY TOLD US THAT WE WERE ALLOWED TO PARK THERE DUE TO THE FACT THAT BOTH PARKING AREAS

WERE COMPLETELY FILLED. >> SPECIAL MAGISTRATE: AND WHO WERE THE PEOPLE THAT TOLD YOU YOU COULD PARK THERE?

>> THE EVENT WORKERS THAT WERE HELPING CARS GET IN AND OUT OF

THE PARKING LOT. >> SPECIAL MAGISTRATE: ALL

RIGHT, ANYTHING FURTHER? >> NO, MA'AM. I MEAN, I HAVE THESE PHOTOS, AS WELL, IF YOU WOULD LIKE TO SEE THEM.

>> SPECIAL MAGISTRATE: OKAY. >> THEY'RE TIME-STAMPED.

>> OKAY. >> SPECIAL MAGISTRATE, I'LL DESCRIBE INTO THE RECORD WHAT IT IS, THAT WAY, IS YOUR DAUGHTER THE ONE CLOSEST IN THE PHOTOGRAPH?

>> YES. SHE WAS THE ONE THAT WAS PART OF THE PROGRAM.

>> AND IT LOOKS LIKE SOME SORT OF SCIENCE BOARDS?

>> YES, IT WAS A SCIENCE EVENT. >> SO, THE DATE AND TIME STAMP ON THEM IS OCTOBER 22ND, 2022, 12:36 P.M., AND 12:39 P.M. AND YOU COULD SEE MULTIPLE CHILDREN WITH SCIENCE BOARDS.

>> . >> SPECIAL MAGISTRATE: YOU WANT THESE ADMITTED ON YOUR BEHALF?

>> I DON'T WANT THEM ADMITTED BECAUSE OF THE FACE OF MY CHILD.

>> SPECIAL MAGISTRATE: I'LL LOOK AT THEM AND GIVE THEM BACK.

THANK YOU. >> SPECIAL MAGISTRATE:

ANYTHING FURTHER TO PRESENT? >> NO, MA'AM.

>> YOUR HONOR? >> WE DO HAVE A QUICK REBUTTAL SPECIAL MAGISTRATE. THE CITY CALLS JANE VANDERHORST.

>> COULD YOU TELL US YOUR POSITION?

>> GOOD MORNING, CODE COMPLIANCE SUPERVISOR.

>> AND WHAT IS YOUR JOB? >> I GET ALL THE SPECIAL EVENTS

PERMITS VIA E-MAIL. >> AND WHAT DO YOU INSTRUCT

THEM REGARDING PARKING? >> SO, BASICALLY, EVERYONE THAT, UM, IS RESERVING THE PARKS OR HAVE A SPECIAL EVENT, THEY ARE TOLD THE RULES, BASICALLY EVERYONE IS TO ABIDE BY THE RULES, SO, SOMETIMES THEY DO HIRE PEOPLE, YOU KNOW, WITH DIRECTING WHERE THE PARTICIPANTS NEEDS TO PARK, BUT, THEY KNOW THAT IS THE PARKING SPOTS AVAILABLE THEY'RE NOT SUPPOSED TO BE PARKING OR DIRECT PEOPLE TO PARK THERE. SO, I'M NOT SURE

WHO DIRECTOR MS. >> AS YOU COULD SEE IN THE PHOTO T THEY DIRECTED MULTIPLE. IT WASN'T JUST ME.

>> BUT, THE EVENT MAKER PERSON, THEY KNOW THE RULES, AND THAT IS

NOT PERMITTED. >> SPECIAL MAGISTRATE: OKAY.

ANYTHING FURTHER? >> NO, MA'AM.

>> NO, MA'AM. >> SPECIAL MAGISTRATE: ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 600 NORTH INDIAN RIVER DRIVE FOR RESTRICTED BOAT PARKING TRAILER VIOLATION AND THAT KAYLA QUINTANILLA IS RESPONSIBLE FOR THE VIOLATION. I IMPOSE A $50 FINE AND A $10 ADMINISTRATION FEE. DUE OF $60, YOU HAVE 14

[00:20:04]

>> THANK YOU, YOUR HONOR. >> I'M GOOD TO GO?

>> I'M SORRY? >> AM I GO TO GO?

>> YOU'RE GOOD TO GO, YOU'LL GET A NOTICE IN THE MAIL.

[C. 23-96 PK 100 Blk AE Backus Ave Jason Thies Michael Rabenecker]

>> OKAY. >> OKAY.

>> OUR NEXT CASE IS 23-96100 BLOCK A. BACKUS AVENUE,

JASON THIES. >> SPECIAL MAGISTRATE: WHEN

YOU ARE READY. >> OKAY. YOUR HONOR THE NEXT CASE BEFORE YOU IS CASE NUMBER 23-96, A PARKING VIOLATION THAT OCCURRED AT THE 100 BLOCK OF AE BACKUS AVENUE. THE CASE WAS INITIATED ON JANUARY 7TH, 2023, THIS IS A CITATION APPEAL. THE VIOLATOR IN THE CASE CAME BACK AS A JASON THIES, THE CITATION NUMBER IS 18697, A PARKING VIOLATION, PARKING ON THE CITY RIGHT-OF-WAY. THE CITY'S ASKING THAT A $50 FINE BE ASSESSED, A $10 ADMINISTRATION FEE FOR A TOTAL DUE OF $60, THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE TOTAL DUE WOULD BE INDICATED ABOVE. FAILURE TO PAY. I HAVE PHOTOS TO INTRODUCE WHICH ARE DATE AND TIME STAMPND AND THEY ACCURATELY PORTRAY THE VIOLATIONS THAT I WITNESSED.

>> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?

>> AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT

ONE, THE PHOTOGRAPHS. >> SPECIAL MAGISTRATE: WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?

>> NO, YOUR HONOR. >> SPECIAL MAGISTRATE: SIR,

STATE YOUR NAME FOR THE RECORD. >> MY NAME IS JASON THIES.

>> SPECIAL MAGISTRATE: HOW DO YOU RESPOND TO THE ALLEGATION?

>> I WOULD LIKE TO REQUEST DISMISSAL, THE PICTURES THAT YOU HAVE CLEARLY SHOW THAT THERE WERE NO SIGNS MARKING THAT THERE WAS NOT PARKING ALLOWED THERE. THAT IS THE AREA WHERE THEY HAVE BOTH A BUSY MARINA, AND, THE FARMER'S MARKET THAT GOES ON DOWN THERE EVERY WEEKEND. SO, IT WAS VERY BUSY, THERE WERE OTHER CARS THAT WERE ALREADY PARKED THERE WHEN I GOT THERE.

UM, WE WERE ONLY THERE FOR ABOUT TWO HOURS. ONE OF THE VEHICLES WAS GONE WHEN I CAME BACK. THE OTHER VEHICLE WAS STILL THERE, AND, HAD A TICKET ON IT AS WELL AS MINE. UM, YOU KNOW, I THINK IT'S WITH NO PARKING SIGNS TO SHOW THAT I COULDN'T PARK THERE, AND WITH OTHER PEOPLE ALREADY PARKED THERE, AND BEING A TOURIST AREA, IT SEEMS THAT YOU HAVE TO HAVE SOMETHING MARKED TO CLEARLY INDICATE THAT YOU CAN'T DO THAT. AND, THERE WAS NO SIGNS THAT INDICATED THAT I COULD NOT PARK THERE. AND I KNOW THAT IN OTHER PARTS OF FLORIDA, IT'S OKAY TO PARK ON A GRASSY BOULEVARD LIKE THAT. SO, LIKE I SAID, WITHOUT ANYTHING INDICATING THAT I COULDN'T DO THAT, I HAD NO WAY TO KNOW THAT

THAT WOULD BE A VIOLATION. >> SPECIAL MAGISTRATE: MR. RABENECKER DO YOU HAVE ANY RESPONSE TO THAT?

>> NO, YOUR HONOR. >> I DO, YOUR HONOR.

>> SPECIAL MAGISTRATE: GO AHEAD.

>> IT'S A CITY RIGHT-OF-WAY, YOU COULD SEE THE PARKING LOT IS MARKED OFF BY PILLARS AND CHAINS. QUITE FRANKLY, THE CITY CAN'T GO AROUND PUTTING UP A SIGN EVERY PLACE THAT YOU'RE NOT ALLOWED TO PARK. AS THE SPECIAL MAGISTRATE KNOWS THAT YOU ARE PRESUMED TO KNOW THE RULES AND THE LAWS. IT'S THE SAME AS ANY OTHER CITY RIGHT-OF-WAY. YOU CAN'T PARK IN A CITY

[00:25:03]

RIGHT-OF-WAY. >> RESPECTFULLY, IN RESPONSE TO THAT, UM, I WOULD FIND IT VERY UNLIKELY THAT PROBABLY ANYBODY IN THIS COURT LOOKS UP LOCAL CITY ORDINANCES BEFORE THEY GO TO ANOTHER CITY. AND, I MEAN, HONESTLY, RESPECTFULLY, I FEEL LIKE THIS IS A LITTLE BIT LIKE ROSCO P COALTRAIN GOING TO THE COUNTY FAIR WITH A PORTABLE NO PARKING SIGN AND SETTING UP IT NEXT TO CARS SO THAT HE COULD COLLECT FINE MONEY.

>> SPECIAL MAGISTRATE: ANYTHING FURTHER?

>> UM, I ALSO DID REQUEST, UM, MY RIGHT FOR PUBLIC RECORDS TO FIND OUT HOW MANY OF THESE TYPES OF CITATIONS WERE WRITTEN IN THAT AREA. I GOT NO RESPONSALITY ALL FOR MY REQUEST FOR THOSE PUBLIC RECORDS BECAUSE I WANTED TO SHOW PRECEDENCE.

BECAUSE, I'M SURE THIS HAS HAPPENED TO MANY OTHERS NOT JUST BE. IT'S ASKING ME TO BE A MIND-READER, BASICALLY.

>> SPECIAL MAGISTRATE: WHICH VEHICLE IS YOUR'S, SIR?

>> THE WHITE VEHICLE, THAT WAS A RENTAL, VEHICLE, ACTUALLY, OUR VEHICLE WAS IN THE SHOP, SO, WE HAD THAT BUICK WAS A RENTAL

VEHICLE. >> SPECIAL MAGISTRATE: AND YOUR'S IS PARKED ON THE OTHER SIDE OF THE PILLARS AND THE

CHAINS? >> YES. IT WAS ON THE OTHER SIDE AS YOU COULD SEE, THE ROPE AND PILLARS, BUT, I LOOKED AT ALL THE SIGN THERE IS AND NONE OF THEM SAID, NO PARKING, AND THERE WERE ALREADY OTHER PARKED CARS ON THAT RIGHT-OF-WAY THAT MADE ME THINK THAT THERE WAS NOTHING WRONG WITH PARKING

THERE. >> SPECIAL MAGISTRATE: AND YOU DID NOTICE THAT ANOTHER CAR IN THAT SAME AREA HAD ALSO

RECEIVED A PARKING CITATION. >> AFTER I CAME BACK TO MY

VEHICLE, NOT BEFOREHAND. >> SPECIAL MAGISTRATE: ALL

RIGHT. ANYTHING FURTHER? >> NO YOUR HONOR.

>> NO YOUR HONOR. >> SPECIAL MAGISTRATE: ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS FOR PARKING ON THE CITY RIGHT-OF-WAY. AND THAT JASON THIES IS THE PARTY RESPONSIBLE FOR THE VIOLATION.

I WILL IMPOSE A $50 FINE AND A $10 ADMIN FEE FOR A TOTAL DUE OF $60, YOU HAVE 14 DAYS TO PAY. FAILURE TO PAY COULD RESULT IN THE CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU WILL INCUR MORE COSTS. ANY QUESTIONS.

>> NO, I CAN PAY THE FINE, IT'S NOT THE MONEY IT'S THE PRINCIPLE, BUT, I THINK THAT I WILL GET AN ATTORNEY AND FILE A CLASS ACTION LAWSUIT AGAINST THE CITY. BECAUSE, I'M SURE I'M NOT THE ONLY ONE CAUGHT IN THIS LITTLE STING OPERATION THAT YOU GUYS GOT HERE, AND I FEEL LIKE THIS IS A VIOLATION OF PEOPLE'S CIVIL RIGHTS. I FEEL LIKE I WILL HAVE TO TAKE THIS FURTHER.

>> SPECIAL MAGISTRATE: ALL RIGHT. GOOD LUCK.

>> ALL RIGHT. THANK YOU. >> SIR, I WOULD JUST LIKE TO, MAY QUICKLY OFF-TOPIC. YOU MENTIONED A PUBLIC RECORDS REQUEST, WHO DID YOU MAKE THAT TO?

>> I CONTACTED THE FORT PIERCE POLICE DEPARTMENT.

>> SO, IF YOU MADE THE REQUEST TO THE POLICE DEPARTMENT, YOU WOULD NEED TO FOLLOW UP WITH THEM, THEY'RE SEPARATE THAN

HERE. >> THEY NEVER RESPONDED IS MY POINT. I TRIED TO DO ALL OF THIS IN PREPARATION FOR THIS COURT HEARING BECAUSE, AGAIN, I THINK ALL THE EVIDENCE WOULD SHOW THAT I HAD NO WAY TO KNOW THAT I COULD NOT PARK THERE.

AGAIN, I DON'T LOOK AT EVERY CITY ORDINANCE FOR EVERY CITY

THAT I TRAVEL TO. >> OKAY. I JUST WANTED TO MAK SURE THAT IT WASN'T SOMEBODY IN THIS DEPARTMENT THAT YOU REQUESTED IT FROM, SO, IF YOU MADE IT TO THEM, THAT'S WHO YOU

NEED TO FOLLOW UP WITH. >> OKAY. I'LL BE PURSUING THIS FURTHER. THANK YOU. WHERE DO I GO TO PAY.

>> SPECIAL MAGISTRATE, IF YOU COULD GIVE ME A MOMENT, I'LL BE

RIGHT BACK. >> ONE MOREREQUEST.

>> SPECIAL MAGISTRATE: CAN YOU GET TO THE MIC?

>> THE OFFICER WHO WROTE THE TICKET LAREVES, I BELIEVE IT IS.

ARE THEY HERE TODAY? >> IT'S MR. RABENECKER WITH THE

CITY. >> IT'S RABENECKER.

>> THAT'S NOW HOW I READ IT, BUT, OKAY. ALL RIGHT.

>> I'VE SENT THE REQUEST UP TO FINANCE, SO,

(INDISCERNIBLE) >> .

>> SPECIAL MAGISTRATE: NEXT CASE, MADAM CLERK.

>> OKAY, I HAVE ONE MORE FOR YOU, MIKE.

[I. 22-3105PK 200 Blk North 2nd Street Naomi Lizzett Ramirez Aida Ramirez Ybarra Michael Rabenecker]

>> OKAY. >> WE'RE GOING TO JUMP TO I

[00:30:03]

>> OKAY, YOUR HONOR THE NEXT CASE BEFORE YOU THIS MORNING IS CASE NUMBER 22-3105, A PARKING VIOLATION THAT OCCURRED AT THE 200 BLOCK OF NORTH SECOND STREET AND THE CASE WAS INITIATED ON OCTOBER 22ND, 2022, THIS IS A CITATION CASE. THE VIOLATOR IN THE CASE CAME BACK AS A NAOMI LISSETT RAMIREZ, AND AIDA RAMIREZ PARKING IN A SAFETY ZONE. THE CITY'S ASKING THAT A $50 FINE BE ASSESSED AND A $10 ADMINISTRATION FREE, AND AN $18 LATE FEE. THE CITY IS REQUESTING THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOGRAPHS THAT ARE DATED AND TIME STAMPED AND ACCURATELY DEPICT THE VIOLATION.

>> HAVE YOU HAD A CHANCE TO SEE THE PHOTOGRAPHS?

>> NO. >> WOULD YOU LIKE TO SEE THEM?

>> WERE YOU SWORN? >> NO. IT'S COOL, BUT, NO, MAY

BE IT'S NOT. >> SHE'S GOING TO SWEAR YOU IN.

WE HAVE TO. >> PLEASE RAISE YOUR RIGHT-HAND AND STATE YOUR NAME FOR THE RECORD.

>> NAOMI RAMIREZ. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. >> OKAY.

>> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT

ONE, THE PHOTOGRAPHS. >> SPECIAL MAGISTRATE: IT

WILL BE ADMITTED AS SUCH. >> SPECIAL MAGISTRATE: MS. RAMIREZ, HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> I'LL PAY IT. >> SPECIAL MAGISTRATE: WHY

DIDN'T YOU PAY IT EARLIER? >> I DIDN'T KNOW. I FOUND OUT ABOUT THIS MAY BE LIKE TWO DAYS AGO. I MOVED AND MY EX-HUSBAND JUST TOLD ME THAT I HAD THIS. I DIDN'T KNOW THAT I GOT A TICKET, I WASN'T DRIVING MY CAR THAT DAY. I WOULD HAVE PAID FOR IT IF I KNEW I HAD IT, BUT, I LITERALLY FOUND OUT TWO DAYS

AGO. >> SPECIAL MAGISTRATE: WHO

WAS DRIVING YOUR CAR? >> A FRIEND OF MINE.

>> SPECIAL MAGISTRATE: AND YOU JUST FOUND OUT TWO DAYS AGO

ABOUT THE TICKET? >> YEAH, I JUST GOT ALL OF MY

MAIL FROM MY EX-HUSBAND. >> SO, IT'S FINE, I'LL PAY FOR IT, I'M NOT GOING TO DENY IT, I WOULD HAVE PAID FOR IT SOONER IF I KNEW THERE WAS A TICKET. I WAS JUST MADE AWARE AND I JUST GOT MY MAIL FOR THE LAST COUPLE OF MONTHS, SO, HONESTLY, I'M

LUCKY I'M HERE. >> SPECIAL MAGISTRATE: ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AND THAT NAOMI RAMIREZ WHO IS PRESENT HERE TODAY ADMITS TO THE VIOLATION. I WILL IMPOSE A $50

FINE, >> SPECIAL MAGISTRATE, IF I CAN, I THINK THE STRUGGLE IN YOUR BRAIN IS WHAT LEEWAY THAT YOU HAVE WITH THE REST OF THE REQUEST, IS THAT ACCURATE?

>> YES. >> YES, MA'AM.

>> SO, IT IS IN YOUR DISCRETION UP TO A $500 FINE ADJUSTING WAY UP WARDS OR DOWNWARDS, WE ASK THAT THE ADMIN FEES NOT BE WAIVED BECAUSE THOSE COVER POSTAGE AND THINGS LIKE THAT.

>> SPECIAL MAGISTRATE: THANK YOU.

>> YES, MA'AM. >> SPECIAL MAGISTRATE: THANK YOU. I WAS HAVING A PROBLEM WITH THAT.

>> I COULD TELL. >> SPECIAL MAGISTRATE: ALL RIGHT, SO, I'LL IMPOSE A $50 FINE AND A $10 ADMIN FEE, I WILL

[00:35:01]

COSTS. THANK YOU. >> THANK YOU.

>> THANK YOU, YOUR HONOR. >>

(INDISCERNIBLE) >> I HAVE AN APPEAL THAT DIDN'T SHOW UP. DO YOU MIND IF I GET HIS PAPERWORK? WE CAN DO THAT

AFTER, RIGHT? >>

(INDISCERNIBLE) >> WE HAVE ANOTHER CASE PRESENT

TO CALL IN THE MEANTIME? >> YES.

[C. 22-3191 CE 117 Hialeah Avenue Salvador Ruiz Heather Debevec]

>> OUR NEXT CASE WILL BE 22-3191, 1117 HIALEAH AVENUE,

SALVADOR RUIZ. >> SIR, DO YOU NEED TO BE SWORN

IN? >> NO, I WAS HERE.

>> GOOD MORNING. >> SPECIAL MAGISTRATE: GOOD MORNING. THIS IS CASE NUMBER 223191, 117 HIALEAH AVENUE. HIS WAS INITIATED ON NOVEMBER 18TH OF THIS YEAR, IT WAS FOR EMERGENCY ESCAPE OPENINGS, COVERED WINDOWS. WE DO REQUEST RND ON. SEX 2419, 2420, 2421, SUBSECTION FOUR, NUISANCE OF AN OBJECT. SUBSECTIONS ONE AND FIVE, NUANCE AS AN OBJECT OF OUTSIDE STORAGE. REMOVE ITEM FROM AN OPEN UTILITY TRAILER, PLAYS THEM IN A SHED. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT A VIOLATION EXISTS. MR. RUIZ.

HAS HAD A CHANCE TO VIEW THE PHOTOGRAPHS.

>> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT NUMBER ONE. AND THE LATER PHOTOGRAPHS, SPECIAL MAGISTRATE ARE TOWARDS THE BACK SO THEY'RE IN ORDER. THANK YOU.

>> SPECIAL MAGISTRATE: THAT WILL BE ADMITTED AS SUCH. AND HE'S DONE QUITE A BIT ON THE PROPERTY RECENTLY. I KNOW SOME THINGS ARE PICKED UP, I BELIEVE THAT THE TRAILER HAS BEEN REMOVED. YOU WANT AN RND ON THE CASE?

>> NOT THE WHOLE CASE BECAUSE HE STILL NEEDS TO PICK UP THINGS AND ENSURE THAT HE'S NOT PARKING IN THE FRONT YARD.

>> WHICH VIOLATION AND CORRECTED ACTION NUMBER ARE YOU

REQUESTING THE RND FOR? >> 702.4 EMERGENCY ESCAPE OPENINGS, THE ONLY ONE I'M ASKING FOR AT THIS TIME.

>> SO, THEN, CORRECTIVE ACTION ONE WOULD GO AWAY?

>> YES, MA'AM. CORRECT. >> THE TRAILER'S ALSO GONE ALL

THE STUFF THAT WAS AROUND IT. >> WE COULD ALSO RND 27-3,

CORRECTIVE ACTION NUMBER THREE. >> AND ALSO THE TRUCK THAT WAS THERE WITH THE FLAT TIRE, IT'S, INSURED AND REGISTERED. SO, I MEAN, IT IS A VEHICLE THAT I COULD USE AT ANY MOMENT, IT'S JUST AT THAT MOMENT, IT HAD A FLAT TIRE WHEN YOU FIRST TOOK THE PICTURE, THAT WAS CORRECTED ALSO.

>> SPECIAL MAGISTRATE: WHAT LEFT REMAINS TO BE DONE?

>> JUST ME NOT PARKING RIGHT NEXT TO THAT TRUCK, AND, MAY BE, TRIMMING UP MY PALM TREES A LITTLE BIT MORE, I DON'T KNOW.

>> CAN YOU GET THIS DONE IN 30 DAYS?

>> YES, MA'AM. >> LET ME CONTINUE THIS FOR 30 DAYS, HE'S RND, MOST I'LL ADMIT THESE PHOTOS AS THE CITY'S

[00:40:04]

>> MARCH 15TH IS SPECIAL MAGISTRATE ROSS' NEXT HEARING

DATE? >> YES, MA'AM.

>> SPECIAL MAGISTRATE: YES. SO, I'M GIVING YOU TIME TO CLEAR IT UP. IF NOT, YOU'LL BE BACK IN FRONT OF ME AND I'LL MAKE A

RULING. >> I UNDERSTAND, MA'AM, THANK

YOU. >> SPECIAL MAGISTRATE: ALL RIGHT. GOOD LUCK. YOU'RE WELCOME.

>> THANK YOU, HAVE A GREAT DAY. >> THANK YOU.

>> SPECIAL MAGISTRATE: SIR, ONCE YOU GET THIS DONE, MAKE SURE THAT YOU LET MS. DEBEVEC KNOW SO THAT SHE COULD CLEAR HER

RECORDS. >> AND YOUR NUMBER, HOW CAN I

REACH YOU? >> DO YOU STILL HAVE THE

LETTER? >> YES.

>> IT'S AT THE BOTTOM. >> ALL RIGHT. THANK YOU.

>> SPECIAL MAGISTRATE: GOOD LUCK. NEXT CASE.

>> DO YOU HAVE THE PAPERWORK FOR THE TRANSLATOR SO THAT WE COULD CALL THAT? BECAUSE THE URBAN FORESTER.

>> WHAT LANGUAGE? >> CREOLE.

>> GOOD MORNING, HAS YOUR HAITIAN INTERPRETER, I'M JOHN

AND MY ID NUMBER IS 15546. >> GOOD MORNING, THIS IS CATHERINE, WE'RE CALLING YOU LIVE FROM OUR COMMISSIONER'S CHAMBERS FOR A HEARING THIS MORNING.

>> HI, OUR, UM, THE PEOPLE IN NEED OF INTERPRETING ARE PRESENT, THERE IS NO RIGHT TO PRIVACY THAT NEEDS TO BE

EXPLAINED. >> DO I NEED TO SWEAR ONE MORE

[F. 23-84 CE 2604 Robin St Lorens Dessources Marie M H Dessources Isaac Saucedo]

TIME? >> YES.

>> SIR, IF YOU COULD GO AHEAD AND INTRODUCE YOURSELF AND THEN

WE'LL BEGIN OUR HEARING. >> SURE. I WILL GREAT THE MEMBER AND EXPLAIN THEM THE INTERPRETING AND EVERYTHING THAT I SAID. ALL INFORMATION WILL BE DEPARTMENT CONFIDENTIAL AND THE QUALITY OF THE CALL, THEY WOULD NEED TO SPEAK IN COMPLETE BUT SHORT PHRASES. (SPEAKING IN FOREIGN LANGUAGE)

>> YOU MAY PROCEED. >> I'LL DO THE SWEARING IN OF THE INTERPRETER. INTERPRETER, PLEASE RAISE YOUR RIGHT-HAND AND

STATE YOUR NAME FOR THE RECORD. >> MY NAME IS JOHN LEWIS.

>> DO YOU SWEAR TO COMPLETELY AND ACCURATELY TRANSLATE THE ENGLISH LANGUAGE TO HAITIAN CREEIO, AND THE HAITIAN CREOLE

LANGUAGE TO ENGLISH? >> I SWEAR.

>> THANK YOU. >> SPECIAL MAGISTRATE: AND

WHENEVER YOU ARE READY. >> IF WE COULD SWEAR THEM IN IN

CREOLE. >>

(SPEAKING IN FOREIGN LANGUAGE) >> PLEASE RAISE YOUR

RIGHT-HAND. >>

(SPEAKING IN FOREIGN LANGUAGE) >> STATE YOUR NAMES FOR THE

RECORD. >>

(SPEAKING IN FOREIGN LANGUAGE) >> MY NAME IS LO

[00:45:01]

>> DO YOU SWEAR THAT THE SYSTEM THAT YOU ARE ABOUT TO GIVE WILL BE THE TRUTH? (SPEAKING IN FOREIGN LANGUAGE)

. >> YES, IT WILL BE THE TRUTH.

>> THANK YOU. >> THIS IS CASE NUMBER 23-84, 2604 ROBIN STREET. (SPEAKING IN FOREIGN LANGUAGE)

>> THE CASE WAS INITIATED ON JANUARY 17TH OF 2023.

(SPEAKING IN FOREIGN LANGUAGE) >> BY NAY SELF, CODE OFFICER,

ISAAC SAUCEDO. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> AND THE OWNERS OF THE PROPERTY ARE LORENS DESSOURCES

AND MARIE MH DESSOURCES. >>

(SPEAKING IN FOREIGN LANGUAGE) >> THE VIOLATIONS ARE

>> THE VIOLATIONS ARE SUBSECTION A.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> FOR TREE REMOVAL. >>

(SPEAKING IN FOREIGN LANGUAGE) >> CURRENTLY THERE ARE NO CORRECTIVE ACTIONS. (SPEAKING IN FOREIGN LANGUAGE)

. >> DUE TO THE IRREVERSIBLE

NATURE OF THIS MATTER... >>

(SPEAKING IN FOREIGN LANGUAGE) >> AND, OUR RECOMMENDATION IS THAT AS PER URBAN FORESTER FOR THE CITY OF FORT PIERCE. THE CITY REQUESTS THAT THE IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS... (SPEAKING IN FOREIGN LANGUAGE)

>> THAT THE VIOLATORS BE FINED AS FOLLOWS:

>> (SPEAKING IN FOREIGN LANGUAGE)

>> ONE LIVE OAK TREE WELL OVER 24 ONE LIVE OAK TREE WELL OVER 24 DIAMETER BREAST HEIGHT TIMES $250.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> WHICH WOULD EQUAL $6,000. THE MAXIMUM FINE PER STATE STATUTE, 162 SHOULD BE IMPOSED AT $5,000.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> AND I DO HAVE PHOTOS TO PRESENT.

>> HAVE THEY SEEN THE PHOTOGRAPHS?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> NO. >> IF WE COULD SHOW THOSE TO

THEM, PLEASE. >>

(SPEAKING IN FOREIGN LANGUAGE) >> MR. SAUCEDO WERE YOU ON

SCENE TO OBSERVE THE TREE? >> YES.

>> DO THE PHOTOS, FAIRLY AND ACCURATELY. OH, SORRY.

>> SIR, DO YOU NEED ME TO REPEAT?

>> YES. PLEASE. >> I ASKED WERE YOU ON SCENE TO

OBSERVE THE TREE? >>

[00:50:05]

(SPEAKING IN FOREIGN LANGUAGE) >> YES, I WAS.

>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE

VIOLATION? >>

(SPEAKING IN FOREIGN LANGUAGE) >> YES.

>> AT THIS TIME, THE CITY WILL MOVE THE PHOTOGRAPHS IN AS

COMPOSITE EXHIBIT ONE. >> SPECIAL MAGISTRATE: THEY

WILL BE ADMITTED AS SUCH. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> MR. SAUCEDO, ANYTHING FURTHER FROM YOU?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> NO. >> AT THIS TIME, THE CITY WILL

CALL PAUL BURTRUM. >>

(SPEAKING IN FOREIGN LANGUAGE) >> CAN YOU TELL US YOUR NAME

AND POSITION. >> URBAN FORESTER, CITY OF FORT

PIERCE. >> ATHE QUESTION, I BELIEVE WA

YOUR NAME AND POSITION. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> PULL BURTRUM URBAN FORESTER, CITY OF FORT PIERCE.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> HOW LONG HAVE YOU HELD THAT POSITION?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> 22 YEARS. >>

(SPEAKING IN FOREIGN LANGUAGE) >> WHAT QUALIFICATIONS DO YOU

HAVE FOR THAT POSITION? >>

(SPEAKING IN FOREIGN LANGUAGE) >> I'M A CERTIFIED ARBORIST.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> WHAT WAS YOUR INVOLVEMENT WITH THIS PROPERTY IN THIS TREE,

SPECIFICALLY? >>

(SPEAKING IN FOREIGN LANGUAGE) >> I RECEIVED A CODE CALL FROM CODE ENFORCEMENT, AND RECEIVED AN UPDATE AFTER THE TREES WERE

REMOVED. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> HOW MANY TREES? >>

(SPEAKING IN FOREIGN LANGUAGE) >> TWO.

>> (SPEAKING IN FOREIGN LANGUAGE)

. >> WERE THEY COMPLETELY

REMOVED? >>

(SPEAKING IN FOREIGN LANGUAGE) >> ONE WAS ONE WAS ABOUT

75-80%. >> CAN EITHER TREE BE SAVED?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> NO. (SPEAKING IN FOREIGN LANGUAGE)

>> HOW OLD WERE THESE TREES? >>

(SPEAKING IN FOREIGN LANGUAGE) >> BETWEEN 50 TO 100 YEARS.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> AND ARE YOU REQUESTING THE MAXIMUM, $5,000 FINE?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> PER STATE STATUE, YES. >>

(SPEAKING IN FOREIGN LANGUAGE) >> DID YOU SPEAK WITH EITHER OF

THE RESPONDENTS ON SCENE? >> (SPEAKING IN FOREIGN LANGUAGE) .

>> I HAVE NOT. >> DID YOU SPEAK WITH ANYONE ON SCENE THAT DID THE WORK TO THE TREE?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> I HAVE NOT. >>

(SPEAKING IN FOREIGN LANGUAGE) >> IS THERE ANYTHING FURTHER THAT YOU WANT THE SPECIAL MAGISTRATE TO KNOW?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> NO. >> NOTHING FURTHER AT THIS

TIME. >> SPECIAL MAGISTRATE: THANK YOU. MR. DESSOURCES, HOW DO YOU RESPOND?

(SPEAKING IN FOREIGN LANGUAGE) >>

(SPEAKING IN FOREIGN LANGUAGE) >> I DO NOT DENY WHAT'S BEING

[00:55:08]

SAID. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> BUT, I WANTED TO POINT OUT THAT I DID NOT KNOW THAT I WAS NOT AWARE THEY WERE SPECIAL LICENSE THAT YOU HAVE TO HAVE IN

ORDER TO REMOVE A TREE. >>

(SPEAKING IN FOREIGN LANGUAGE) >> ESPECIALLY A TREE SITUATED

ON YOUR PROPERTY. >>

(SPEAKING IN FOREIGN LANGUAGE) >> HOWEVER, THE REASON WHY I REMOVED THE TREE IS BECAUSE IT WAS DAMAGING MY HOUSE.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> THE TREE I CUT OF THE 75 TO 80% OF, I STARTED TO MAKE

DAMAGES TO MY PROPERTY. >>

(SPEAKING IN FOREIGN LANGUAGE) >> AND, THE SECOND TREE, THE REASON WHY I REMOVED IT IS BECAUSE I DIDN'T WANT THE SAME

THING TO PRODUCE. >>

(SPEAKING IN FOREIGN LANGUAGE) >> I DID NOT DO THOUGH IN ORDER TO VIOLATE ANY LAWS, BECAUSE, I DIDN'T KNOW, OBVIOUSLY.

(SPEAKING IN FOREIGN LANGUAGE) >> I JUST WANTED TO PROTECT MY HOUSE AND MY PROPERTY, THAT'S IT.

>> SPECIAL MAGISTRATE, I HAVE A COUPLE OF QUESTIONS.

>> YES. >> SIR, DID YOU DO THE WORK YOURSELF, OR DID YOU HIRE SOMEONE?

>> (SPEAKING IN FOREIGN LANGUAGE)

. >> I HIRED SOMEONE.

>> WHO WAS THAT? >>

(SPEAKING IN FOREIGN LANGUAGE) >> I DON'T REMEMBER HIS NAME.

>> WAS IT A COMPANY OR JUST SOMEONE THAT YOU KNEW?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> IT WAS NOT A COMPANY, IT WAS AN INDIVIDUAL.

>> I'M SORRY, COULD YOU REPEAT THAT, IT WAS OR WAS NOT A

COMPANY? >>

(SPEAKING IN FOREIGN LANGUAGE) >> NO, IT WAS NOT A COMPANY.

IT WAS AN INDIVIDUAL. >> OKAY. I DON'T HAVE ANY FURTHER QUESTIONS, SPECIAL MAGISTRATE.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> SPECIAL MAGISTRATE: AND YOU DON'T REMEMBER THE NAME OF

THE INDIVIDUAL, SIR? >> (SPEAKING IN FOREIGN LANGUAGE) .

>> I CAN SEE IF I COULD FIND IT ON MY PHONE, BUT, I DON'T HAVE

IT RIGHT NOW, IN MY HEAD. >> SPECIAL MAGISTRATE: HOW MUCH DID YOU PAY THIS PERSON TO CUT THE TREES DOWN?

>> (SPEAKING IN FOREIGN LANGUAGE)

. >> $1,500.

>> SPECIAL MAGISTRATE: WAS THE STUMP REMOVED?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> THE FIRST ONE, NO, BUT, THE SECOND, IT STILL HAD THE

[01:00:07]

(INDISCERNIBLE) >> .

>> SPECIAL MAGISTRATE: DID YOU PAY THIS PERSON CASH OR BY

CHECK OR MONEY ORDER? >>

(SPEAKING IN FOREIGN LANGUAGE) >> I ZELLED, THE MONEY TO HIM.

>> DO YOU HAVE ZELLE ON THE PHONE WITH YOU?

>> (SPEAKING IN FOREIGN LANGUAGE)

. >> YES.

>> ARE YOU ABLE TO LOOK AND TELL US HIS NAME?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> THE THING IS, THE, WORKER, WHO CUT THE TREE DOES NOT HAVE ZELLE ON HIS PHONE, SO, HE GAVE ME THE ZELLE CONTACT OF ANOTHER PERSON IN ORDER SO THAT I COULD SEND THE MONEY TO HIM THROUGH

THAT PERSON. >> HERE'S WHY I'M ASKING, AND I THINK, MAY BE, THE SPECIAL MAGISTRATE IS HAVING THE SAME TRAIN OF THOUGHT THAT I'M HAVING...

>> (SPEAKING IN FOREIGN LANGUAGE)

>>... PEOPLE THAT DO THIS AS A BUSINESS KNOW THE RULES FOR THE

CITY OF FORT PIERCE. >>

(SPEAKING IN FOREIGN LANGUAGE) >> SO, THEY SHOULD HAVE KNOWN TO GET A PERMIT OR TO AT LEAST CHECK ON WHETHER TO GET A

PERMIT. >> SO, FOR ME, I'M TRYING TO FIGURE OUT WHERE THE RESPONSIBILITY OF YOU VERSUS

THEM LIES. >>

(SPEAKING IN FOREIGN LANGUAGE) >> AT THE END OF THE DAY, YOU'RE STILL RESPONSIBLE, BUT, I'M TRYING TO FIGURE OUT IF IT'S SOMEBODY WHO RUNS THIS TYPE OF BUSINESS.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> SPECIAL MAGISTRATE, IF YOU WERE ASKING SIMILAR QUESTIONS FOR A DIFFERENT REASON, FEEL FREE TO CORRECT ME.

>> SPECIAL MAGISTRATE: NO. (SPEAKING IN FOREIGN LANGUAGE)

>> MAY I? >> SURE.

>> THE TREE THAT WAS CUT BACK 80 OR 90% WAS DEFINITELY AN OLDER TREE AND WOULD HAVE QUALIFIED FOR A TREE REMOVAL PERMIT, IT WAS DAMAGING THE DRIVEWAY AND IT WAS CLOSE ENOUGH TO THE HOUSE... (SPEAKING IN FOREIGN LANGUAGE)

>> HOW ABOUT THE OTHER TREE? >>

(SPEAKING IN FOREIGN LANGUAGE) >> WOULD THE OTHER TREE HAVE

QUALIFIED FOR A REMOVAL PERMIT? >>

(SPEAKING IN FOREIGN LANGUAGE) >> PROBABLY NOT.

>> WERE YOU ABLE TO FIND THE INFORMATION OF WHO DID THE WORK,

SIR? >>

(SPEAKING IN FOREIGN LANGUAGE) >> NO. NOT YET. I HAVE TO ENTER SOME HISTORIC INFORMATION IN ORDER TO HAVE THE PEOPLE THAT

I SENT MONEY TO. >> I DON'T HAVE ANYTHING

FURTHER, SPECIAL MAGISTRATE. >> SPECIAL MAGISTRATE: SIR, HOW LONG HAVE YOU YOU ALL LIVED IN THE HOUSE?

[01:05:04]

(SPEAKING IN FOREIGN LANGUAGE) >> WE'VE BEEN LIVING HERE SI 2018.

>> . >> SPECIAL MAGISTRATE: MM MR. BURTUM DO YOU HAVE ANYMORE

TO ADD. >> THE TREE COULD QUALIFY FOR A TREE REMOVAL PERMIT AND IT COULD BE REMOVED THE REST OF THE WAY.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> SPECIAL MAGISTRATE: BURTRUM.

>> AND DO THEY PLAN TO REPLANT ANY TREES ON THE PROPERTY?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> YES, I WOULD LIKE TO DO THAT, I DON'T KNOW IF THERE'S A PERMIT FOR THAT, BUT, I WOULD SURELY LIKE TO DO THAT.

(SPEAKING IN FOREIGN LANGUAGE) >> CAN I ASK ANOTHER QUESTION?

>> SPECIAL MAGISTRATE: YES. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> IF EVER I WANT TO PLANT A TREE, IS THERE ANY SPECIAL KIND OF TREE THAT I SHOULD PLANT IN THAT PARTICULAR AREA?

>> WE DON'T HAVE PREFERENCES ON TREE SPECIMENS.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> DOES HE NEED A PERMIT TO PLANT ANY SORT OF TREES?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> AS FAR AS THE LOCATIONS, YES, THEY CAN BE PLANTED IN THE

SAME SPOT. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> PLEASE REPEAT THE ANSWER, SIR?

>> HE ASKED YOU TO REPEAT IT. HE DIDN'T HEAR YOU.

>> AS FAR AS THE LOCATIONS, THEY COULD BE PLANTED CLOSER OR

NEAR THE SAME SPOTS. >>

(SPEAKING IN FOREIGN LANGUAGE) >> BUT, THEY COULD DO THAT WITHOUT GETTING A PERMIT, CORRECT?

>> YES. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> SPECIAL MAGISTRATE: THERE'S A VACANT LOT SHOWN IN THE PICTURE HERE THAT'S ON THE SCREEN. DO YOU OWN THAT

PROPERTY AS WELL? >>

(SPEAKING IN FOREIGN LANGUAGE) >> NO. THE OTHER PROPERTY'S

NOT MINE. IT IS, LIMITED. >> SPECIAL MAGISTRATE:

ANYTHING FURTHER FROM THE CITY? >> NO, MA'AM.

>> SIR, DO YOU UNDERSTAND THAT THE CITY IS ASKING ME TO FINE YOU THE MAXIMUM THAT COULD BE IMPOSED WHICH IS $5,000?

>> (SPEAKING IN FOREIGN LANGUAGE)

[01:10:19]

>> YES, I DO UNDERSTAND. (SPEAKING IN FOREIGN LANGUAGE)

>> CAN I ADD SOMETHING ELSE? >> SPECIAL MAGISTRATE: YES.

>> (SPEAKING IN FOREIGN LANGUAGE)

. >> I JUST WANTED TO SAY THAT ONE MORE TIME, THIS WAS NOT ON PURPOSE, I WAS NOT AWARE IF I SHOULD TALK TO THAT PERSON FIRST TO KNOW IF HE DOES HAVE A PERMIT OR IF IT'S LEGAL OR NOT. IT WAS NOT ON PURPOSE ON MY END.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> CAN I ADD SOMETHING ELSE? >> SPECIAL MAGISTRATE: YES,

YOU MAY. >>

(SPEAKING IN FOREIGN LANGUAGE) >> YES, I WOULD LIKE TO KNOW, SINCE I WILL PLANT ANOTHER TREE IN THE SAME AREA, IS THERE ANY REDUCTION THAT CAN BE MADE TO THE FINE?

>> SPECIAL MAGISTRATE: WELL, I HAVEN'T FINED YOU YET.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> . >> SPECIAL MAGISTRATE: I'LL

TELL YOU WHAT I'M GOING TO DO... >>

(SPEAKING IN FOREIGN LANGUAGE) >> SPECIAL MAGISTRATE: ... I'M GOING TO CONTINUE THIS FOR ONE TIME FOR MY NEXT HEARING.

>> SPECIAL MAGISTRATE: (SPEAKING IN FOREIGN LANGUAGE)

. >> I WANT YOU TO GET WITH

MR. BURTRUM, AND MR. SAUCEDO. >>

(SPEAKING IN FOREIGN LANGUAGE) >> SPECIAL MAGISTRATE: TO SEE HOW WE COULD TRY AND WORK THIS OUT WITHOUT HAVING TO FINE YOU A

FULL $5,000. >>

(SPEAKING IN FOREIGN LANGUAGE) >> DO YOU UNDERSTAND?

>> (SPEAKING IN FOREIGN LANGUAGE)

. >> YES. I DO. THANK YOU.

>> IF I MAY? >> SPECIAL MAGISTRATE: I WAS GOING TO SAY, MR. BURTRUM, I WOULD LIKE TO HEAR FROM YOU NOW.

>> SINCE WE DO HAVE AN INTERPRETER, WE COULD PROBABLY

LOOK AT THIS RIGHT NOW. >> (SPEAKING IN FOREIGN LANGUAGE) >

>> WE HAVE THIS SERVICE AVAILABLE OUTSIDE OF THIS HEARING THAT CAN BE DONE BY A CELLPHONE.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> THAT WAY, BECAUSE, WE STILL HAVE PEOPLE WAITING FOR THEIR HEARINGS, SO WE DON'T TAKE UP THEIR TIME.

>> >> (SPEAKING IN FOREIGN LANGUAGE) .

>> AND MR. BURTRUM, YOU'VE BEEN HERE FOR A LONG TIME, SO HAVE I, UM, I HAVE MY GREATEST CONCERN HERE IS THAT YOU PAID SOMEBODY TO CUT DOWN THE TREE AND YOU DON'T KNOW THE NAME OF THE

PERSON. >>

(SPEAKING IN FOREIGN LANGUAGE) >> .

[01:15:21]

>> SPECIAL MAGISTRATE: YES? (SPEAKING IN FOREIGN LANGUAGE)

>> CAN I SAY SOMETHING? >> SPECIAL MAGISTRATE: YES.

>> (SPEAKING IN FOREIGN LANGUAGE)

>> ACTUALLY, I DO HAVE THE NAME OF THE PERSON AND HIS CONTACT NUMBER. I CAN PROVIDE THAT, BUT IT'S NOT SOMEONE I'M FAMILIAR WITH. (SPEAKING IN FOREIGN LANGUAGE)

>> I DO NOT HAVE THAT MUCH DETAIL ON HIM.

>> THAT'S OKAY. >> SPECIAL MAGISTRATE: I'M GOING TO CONTINUE THIS FOR A MONTH TO SEE IF THERE'S ANYTHING THAT YOU COULD DO TO MINIMIZE THIS $5,000 FINE. I'M TRYING TO

WORK WITH YOU. >>

(SPEAKING IN FOREIGN LANGUAGE) >> .

>> SPECIAL MAGISTRATE: OKAY. SO, MY NEXT HEARING IS

MARCH 15TH? >> YES, MA'AM.

>> YES, MA'AM. >> SPECIAL MAGISTRATE: ALL RIGHT. YOU'LL BE BACK ON MARCH FIFTEENTH AND I WOULD LIKE TO KNOW WHAT PROGRESS HAS BEEN MADE TO ENCOURAGE ME NOT TO IMPOSE A $5,000 FINE ON YOU. DO YOU UNDERSTAND?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> I UNDERSTAND AND THANK YOU SO MUCH.

>> SPECIAL MAGISTRATE: DO YOU ALL HAVE CHILDREN?

>> YES, WE DO. >> SPECIAL MAGISTRATE: HOW

MANY? >>

(SPEAKING IN FOREIGN LANGUAGE) >> WE HAVE THREE CHILDREN.

>> SPECIAL MAGISTRATE: HOW OLD?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> I HAVE 12-YEAR-OLD DAUGHTER, 8-YEAR-OLD SON, 5-YEAR-OLD

DAUGHTER. >> SPECIAL MAGISTRATE: ALL RIGHT. GET WITH MR. BURTRUM AND ALSO MR. SAUCEDO AND LET'S SEE IF WE CAN MINIMIZE THE DAMAGE THAT HAS BEEN DONE HERE, OKAY?

>> (SPEAKING IN FOREIGN LANGUAGE)

>> . >> SPECIAL MAGISTRATE: AND

YOU'LL BE BACK ON MARCH 15TH. >> (SPEAKING IN FOREIGN LANGUAGE) .

>> THANK YOU. >> THANK YOU.

>> SPECIAL MAGISTRATE: MR. BURTRUM, PLEASE EXPLAIN THAT YOU COULD GET THAT NUMBER AND USE THE INTERPRETER.

>> ISAAC HAS IT. >> SPECIAL MAGISTRATE: OKAY.

GOOD, I HATE TO PUT THE BURDEN ON THE TWO OF YOU, BUT, THIS I SERIOUS. AND I HAVE SOME CONCERNS. ALL RIGHT. THANK

YOU. >> THANK YOU.

>> THANK YOU, INTERPRETER. >> YOUR WELCOME. WOULD YOU

REQUEST MY SERVICES ANY FURTHER? >> WE'RE GOOD, THANK YOU, SO

MUCH, HAVE A GREAT DAY. >> YOU'RE WELCOME, THANK YOU FOR USING MY SERVICES, HAVE A GOOD ONE.

>> DO WE NEED A BREAK? >> NO, IT'S SPECIAL MAGISTRATE

IF YOU'RE READY TO KEEP GOING. >> SPECIAL MAGISTRATE: YEAH,

WE CAN KEEP GOING. >> AT LEAST FOR THE PEOPLE THAT

ARE STILL SITTING HERE. >> WE HAVE THREE PEOPLE HERE,

[A. 22-2091 CE 1213 Avenue F Vince Marcellino III Peggy Arraiz]

SO, >> OUR NEXT CASE IS 22-2091.

1213 AVENUE F, VINCE MARCELLINO, III

>> GOOD MORNING, DO I NEED TO SWEAR YOU IN?

>> NO, I WAS HERE WHEN YOU DID IT.

>> SPECIAL MAGISTRATE: SPECIAL MAGISTRATE I'LL READ

THIS ONE IN. >> IT'S CASE 22-2091, THE ADDRESS IS 1213 AVENUE F. VINCENT MARCELLINO THE THIRD, THE CASE WAS INITIATED JUNE 23RD, 2022, AND IS HERE BEFORE YOU FOR THE CLEARING OF A LOT. MAINTENANCE OF THE

[01:20:07]

THAT SAME DAY THE POSTING FOR NUISANCE WAS POSTED. A VENDOR WAS AT THE PROPERTY COMPLETING THE WORK ON NOVEMBER 21ST, 2022, THE INVOICE WAS SENT TO FINANCE AND ON DECEMBER 28TH, 2022, THE APPEAL WAS RECEIVED. HAD FINANCE ISSUES AN INVOICE, THEY INCLUDE THE MASSEY HEARING WORDING TO HAVE THIS TYPE OF HEARING BEFORE YOU TODAY. MS. CHARMAINE KIRKLAND IF YOU HAVE ANY QUESTIONS. BUT, THE APPEAL IS FROM MR. MARCELLINO.

>> SPECIAL MAGISTRATE: OKAY. >> UM, WE DO HAVE PHOTOGRAPHS,

CORRECT? >> WE DO.

>> UM, WE'LL NEED MS. KIRKLAND TO AUTH AUTHENTIC THOSE. COME

FORWARD. >> CAN YOU TELL US YOUR NAME?

>> CHARMAINE KIRKLAND. >> AND DID YOU SEE THE PROPERTY BEFORE AND AFTER THE WORK THAT WAS COMPLETED?

>> I DID. >> I'M GOING TO SHOW YOU THE PHOTOGRAPHS OF THE BEFORE AND AFTER OF THE PROPERTY. LET ME KNOW IF THOSE FAIRLY AND ACCURATELY DEPICT WHAT THE PROPERTY LOOKED LIKE BEFORE AND AFTER THE WORK WAS DONE.

>> AUTHENTICATE THIS WORK THAT WAS DONE.

>> YES, THEY ARE. >> AND, HAS THE RESPONDENT HAD A CHANCE TO SEE THOSE PHOTOGRAPHS?

>> NO. >>

>> AT THIS TIME, THE CITY MOVES IN AS COMPOSITE EXHIBIT ONE, THE

PHOTOGRAPHS. >> SPECIAL MAGISTRATE: THAT

WILL BE ADMITTED AS SUCH. >> AND MS. KIRKLAND WHEN LOOKING THROUGH HERE, IN ADDITION TO THE YARD WORK THAT NEEDED TO BE DONE, IT LOOKS LIKE THERE WAS A SUBSTANTIAL AMOUNT OF UM DEBRIS ON THE PROPERTY AS WELL?

>> YES, THERE WAS. >> IS THAT THE RESULT OF FOR LACK OF A BETTER TERMINOLOGY, HOMELESS LIVING ON THAT

PROPERTY? >> YES, MA'AM.

>> THANK YOU. >> YES, MA'AM.

>> AND, DO WE HAVE THE VENDOR ON THE PHONE?

>> WE CAN GET HIM ON THE PHONE. >> HI, KEVIN THIS IS CATHERINE CALLING YOU LIVE FROM THE COMMISSION'S CHAMBERS FOR A

HEARING THIS MORNING. >> YES.

>> JUST STAND BY. >> LET ME SWEAR YOU IN.

>> PLEASE RAISE YOUR RIGHT-HAND AND STATE YOUR NAME FOR THE

RECORD. >> MY NAME IS KEVIN BRUNNSON

SR. >> DUE O YOU SWEAR OR AFFIRM T

[01:25:01]

>> YES. >> CAN YOU TELL US THE COMPANY

YOU ARE EMPLOYED BY? >> GOVERNMENT FISHES LLC.

>> AND DO YOU OWN THAT COMPANY? >> YES I DO.

>> AND WERE YOU CONTRACTED BY THE CITY TO DO A WILL THE

CLEARING AT 1213 AVENUE F? >> YES, I WAS.

>> WHAT KIND OF WORK DID YOU HAVE TO DO TO THAT PROPERTY?

>> I HAD TO REMOVE A HOMELESS CAMP. I HAD TO REMOVE A HOMELESS FECES, I HAD TO PICK UP ALL THE TREES AND REMOVE ALL THE DEBRIS AND CUT THE GRASS. AND IN THE PROCESS OF DOING IT AND CUTTING IT THE OWNER OF THE PROPERTY CAME AND RAN US OFF THE

PROPERTY. SO, WE STOPPED. >> OKAY. SO, THE WORK THAT YOU DID, UM, THE BILL THAT WAS SENT TO THE CITY, WAS THAT IN THE

AMOUNT OF $4,400. >> YES, IT WAS.

>> AND, SO, YOU WERE IF I'M UNDERSTANDING YOU CORRECTLY, YOU

WERE UNABLE TO FINISH THE WORK? >> NOT ALL OF IT.

>> OKAY. DID YOU GET A MAJORITY OF THE WORK COMPLETED?

>> YES. >> OKAY.

>> SIR, WE'RE GOING TO HAVE YOU HANG ON THE LINE, ARE YOU ABLE TO MUTE YOUR PHONE ON YOUR END, BECAUSE YOU HAVE A LOT OF WIND

COMING THROUGH. >> YES.

>> I'LL ASK YOU TO MUTE, AND IF WE NEED YOU, WE'LL HAVE YOU UNMUTE AGAIN. AND IF I COULD ASK MR. RAYS, IS THE CITY ALSO REQUESTING A $100 ADMINISTRATION FEE?

>> YES, MA'AM. >> SO, THE TOTAL AMOUNT IS

$4,500. >> YES, MA'AM.

>> NOTHING FURTHER FROM THE CITY AT THIS TIME. I APOLOGIZE, SIR, YOU SUBMITTED AN APPEAL LETTER, DO YOU WANT US TO MOVE THAT IN ON YOUR BEHALF AS AN EXHIBIT?

>> SO, WE WILL MOVE THAT IN ON HIS BEHALF AS RESPONDENT'S

EXHIBIT NUMBER ONE. >> .

>> SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH. IT'S A $4,400 FOR THE ACTUAL WORK DONE ON THE PROPERTY?

>> YES, MA'AM. >> SPECIAL MAGISTRATE: HOW

BIG IS THIS LOT OF PROPERTY? >> PER THE TAX CARD, THE LAND SIZE IS BETWEEN THREE QUARTERS OF AN ACRE AND AN ACRE, IT'S .8 ACRES. IN OUR COMMUNICATIONS WITH GONE FISHING, AS HE TESTIFIED TO, ONE OF THE EXPENSES IS DUE TO HAZARDOUS MATERIALS. THAT'S NOT JUST THEIR BEDROOM, IT'S ALSO THEIR BATHROOM. AND SO, WHEN WE WORK WITH GONE FISHING, HE HAD ADVISED US IN THE PAST THERE'S AN UPCHARGE FOR HANDLING

HAZARDOUS WASTE. >> SPECIAL MAGISTRATE: OKAY.

THANK YOU. ANYTHING FURTHER? >> ALL RIGHT. SIR, STATE YOUR

NAME. >> VINCENT MARCELLINO THE

THIRD. >> SPECIAL MAGISTRATE: AND HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> I BELIEVE THERE ARE MANY INACCURACIES THERE AND THERE WAS A CHAIN OF EVENTS THAT OCCURRED THROUGH JUNE WHEN I GOT THE NOTICE AND WHEN THE GENTLEMAN WENT OUT THERE AND DID THE WORK.

FIRST, AND FOREMOST, I WOULD LIKE TO STATE THAT I'VE BYE-BYE REGISTERED WITH THE DEPARTMENT OF AGRICULTURE AND I'M IN THE TREE BUSINESS FOR OVER 25 YEARS. LIKE I STATED IN THE REQUEST FOR THIS HEARING, THE GENTLEMAN THAT DID THE WORK I CAME TO THE PROPERTY AND THERE WAS ALL KINDS OF PEOPLE WORKING ON THE PROPERTY, AND YES I DID ASK THEM TO LEAVE THE PROPERTY, DUE TO THE FACT THAT I SPOKE WITH EVERYBODY INCLUDING ENFORCEMENT AND TOLD THEM THAT I WAS IN THE MIDST OF THE SPEAKING TO (INDISCERNIBLE) ABOUT THE SITUATION. I TRIED TO EXPLAIN TO THE PEOPLE INVOLVED THAT I OWN OVER 80 LOTS IN LINCOLN PARK AND FOR ME TO CIRCULATE AROUND ALL OF THEM AT EVERY GIVEN TIME

[01:30:03]

IN THIS SITUATION, THEY WANTED ME TO TRIM OFF ALL THE BRAZILIAN PEPPER. YOU'RE NOT SUPPOSED TO TRIM THOSE PEPPERS, YOU'RE SUPPOSED TO TAKE THEM OUT, ROOTS AND EVERYTHING. WHAT HAPPENS IF YOU TRIM THEM, ALL THE SEEDS FALL TO THE GROUND, IT GROWS MORE BRAZILIAN PEPPERS, BIRDS EAT THEM. THEY'RE LITERALLY AN INVASIVE PLANT IN THE STATE OF FLORIDA. I WAS TRYING TO TALK WITH NICK MILLS TO RECTIFY THE SCENARIO.

>> SPECIAL MAGISTRATE: HE'S THE CITY MANAGER.

>> HE DICTATES CODE ENFORCEMENT. I'VE CLEANED UP AND FIXED UP 40 DUPLEXES AND REHABILITATED THEM. I OWN 50 SOMETHING PROPERTIES AND OVER 80 PROPERTIES IN LINCOLN PARK. I'M A FULL AFFILIATE OF MAKING LINCOLN PARK A BETTER CITY, I CONTRIBUTE AND DONATE TO LINCOLN PARK AND SO ON AND SO FORTH. HE TOLD ME IT WAS HIM TO ASK CODE ENFORCEMENT TO BE TOUGH ON PEOPLE AND HE WOULD SPEAK TO THEM. IN THE PROCESS OF ME GOING TO, THEY SENT SOMEBODY OUT THERE TO CLEAN THE PROPERTY. I CAN EASILY CLEAN UP THE PROPERTY AND I WAS GOING TO REMOVE THE PEPPERS, BECAUSE THAT'S WHAT I DO FOR A LIVING. THE GUY SENT ME A BILL IN THE MAIL FOR $750. HOW IT JUMPED TO $4,500. I CAN CLEAR 10 ACRES FOR $4,500. THAT'S AN EXORBITANT AMOUNT OF MONEY. AS FAR AS HAZARDOUS MATERIALS, IF HE REMOVED HAZARDOUS MATERIAL AND GOT RID OF THEM, WHERE ARE THE RECEIPTS FOR THAT, OR DOES HE MAKE UP HIS OWN NUMBERS. AND I WANT TO EXPLAIN FOR CODE ENFORCEMENT, I'M ALL FOR LINCOLN PARK BEING CLEANED UP. I'M PROBABLY THE HEAVIEST INVESTOR IN LINCOLN PARK. I ASKED CODE ENFORCEMENT TO WORK WITH ME. THEY HAVE A WAY OF GOING ABOUT IT THAT'S COU COUNTER PRODUCTIVE. YOU'RE GOING TO RULE ON SOMETHING THAT REALLY SHOULDN'T BE DONE IN THE STATE OF FLORIDA, TRIMMING THE BRAZILIAN PEPPERS. ALL MY LOTS ARE CUT, EVERYTHING THAT I OWN IS KEPT TO THE UTMOST IN LINCOLN PARK.

>> SPECIAL MAGISTRATE: EXCEPT TORE THIS ONE?

>> I DIDN'T KNOW THERE WAS A HOMELESS PERSON.

>> SPECIAL MAGISTRATE: IT'S NO THEIR RESPONSIBILITY TO TELL YOU THAT. THE PROPERTY IS YOUR RESPONSIBILITY. LET'S HOLD ON.

LET'S HOLD ON. IT'S YOUR PROPERTY. IT'S YOUR RESPONSIBILITY. THE CITY DOES NOT HAVE THE RESPONSIBILITY TO GO AROUND PATROLLING YOUR PROPERTY TO SEE IF IT'S IN COMPLIANCE. LET'S START WITH THAT.

>> OKAY. >> SPECIAL MAGISTRATE: LET'S

NOT POINT FINGERS. >> BUT, WHEN THEY GAVE ME THE

NOTICE -- >> SPECIAL MAGISTRATE: EXCUSE ME. THIS PROPERTY WAS POSTED ON JULY

JULY 1ST, 2022? >> CORRECT.

>> SPECIAL MAGISTRATE: IT WAS IN SEPTEMBER THAT THE VENDOR COMPLETED THE WORK. JULY, AUGUST, SEPTEMBER. NOW, IF YOU'RE SO INTERESTED IN MAINTAINING THE LINCOLN PARK AREA, AND I WOULD ADVISE YOU TO WALK GENTLY ON THAT TOPIC, THEN, THE CITY SHOULDN'T HAVE TO TELL YOU WHAT YOU NEED DO FOR YOUR PROPERTY. YOU SHOULD REGULARLY MAINTAIN IT.

>> I DO. >> SPECIAL MAGISTRATE: THEN

WHY ARE WE HERE? >> BECAUSE THEY WENT OVER THERE AND TOLD ME THERE WAS A TREE ISSUE. WHEN THEY SENT ME A LETTER, THEY NEVER TALKED ABOUT TRASH.

>> SPECIAL MAGISTRATE: WELL, YOU'RE TALKING ABOUT BRAZILIAN PEPPERS AND YOU WORKING WITH THE UNIVERSITY OF FLORIDA. WE SHOULDN'T BE HERE, AND YOU SHOULD MAINTAIN YOUR PROPERTY.

>> I DO MAINTAIN MY PROPERTY. >> SPECIAL MAGISTRATE: BUT,

YOU DIDN'T IN THIS CASE. >> THESE GUYS WENT AND TRIMMED A LITTLE BIT, THEY BROUGHT THE TREES UP TO 6 FOOT, CT, THEY GOT TWO PILES OF TRASH OUT BY THE ROAD AND THEY WANT TO CHARGE ME $4,500. AND LIKE I SAID, ISN'T THERE A BIDDING PROCESS WITH THE

CITY. >> SPECIAL MAGISTRATE: YOU KNOW WHAT, IF YOU HAD SPOKEN WITH THE CITY, THAT'S NOT MY

JOB. >> I'VE SPOKEN WITH THEM.

>> SPECIAL MAGISTRATE: EXCUSE ME, WHEN YOU HAD SPOKEN WITH THE CITY WHEN THEY FIRST POSTED THE PROPERTY, WE WOULDN'T BE HERE.

>> THAT'S INACCURATE, MA'AM, BECAUSE I MET THEM ON MY

PROPERTY ON THREE OCCASIONS. >> SPECIAL MAGISTRATE: WHAT

[01:35:02]

WERE THE DATES? >> IN BETWEEN JULY 1ST.

>> SPECIAL MAGISTRATE: WHAT DID YOU ATTEMPT TO CLEAR THE

PROPERTY OR CLEAN IT UP. >> WE WERE IN THE MIDST OF DISCUSSING IT, THEY NEW I WAS IN DISCUSSION WITH NICK MIMES, HE'S THE HEAD OVER THAT DEPARTMENT AND I WAS IN CONTACT WITH HIM.

AND I SPOKE TO NICK. ME AND NICK MADE A RESOLUTION TO ALL THE PROBLEMS, HE TOLD THEY THAT HE UNDERSTOOD WHERE I WAS COMING FROM, AND HE APPLAUDED ME FOR THE EFFORTS THAT I DO IN LINCOLN PARK AND HE TOLD ME THAT HE WOULD TALK TO CODE ENFORCE PAL

AND GET THE ISSUE RESOLVED. >> SPECIAL MAGISTRATE: YOU REALIZE THAT YOU ARE PREACHING TO THE CHOIR HERE?

>> WHY? >> SPECIAL MAGISTRATE: BECAUSE I AM THE CHOIR, AND YOU'RE PREACHING TO THE CHOIR.

I'M NOT DEBATING THIS WITH YOU, THE PROPERTY WAS INITIATED

JUNE 23RD. WERE NOTICED SENT? >> YES, MA'AM.

>> BUT, I'M TRYING TO EXPLAIN TO YOU WHY IT TOOK THAT AMOUNT OF TIME IN BETWEEN JULY 1ST, AND SEPTEMBER 14TH WHEN THE VENDOR WENT OUT THERE AND CLEANED UP THE WORK. THEY WERE THE ONES TO REFER ME TO NICK AND DISCUSS IT WITH NICK BECAUSE I TOLD THEM WHAT THEY WERE TRYING TO DO WAS INACCURATE. I TOLD NICK THE UNIVERSITY OF IN THERE AND THE ABOUT THE BRAZILIAN PEPPER.

>> WE ALL KNOW THAT. WE'RE TRYING TO GET RID OF EVERY ONE IN THE STATE OF FLORIDA WE UNDERSTAND IT'S AN INVASIVE

SPECIES. >> YOU'RE ASKING ME WHY I DIDN'T DO IT, I'M GIVING YOU THE ANSWER OF WHY I DIDN'T DO IT. I

WAS TALKING TO MR. MIMES. >> SPECIAL MAGISTRATE: I'M UNDER OATH. I'M NOT LYING UNDER OATH.

>> SPECIAL MAGISTRATE: I WOULD LIKE TO HEAR FROM M

MR. MIMMS AND HE'S NOT PRESENT. >> CAN YOU SET IT FOR 15 DAYS?

>> NO. THIS IS BACK IN JUNE OF 2022, WE'RE NOW INTO FEBRUARY.

>> BUT THIS IS THE FIRST HEARING.

>> SPECIAL MAGISTRATE: NO. IT'S ALMOST BEEN EIGHT MONTHS.

>> THIS ISN'T THE FIRST HEARING?

>> AND WHO REGULATES WITH THIS INDIVIDUAL ON THE PHONE, WHO REGULATES WHAT HE CAN CHARGE? THERE'S NO REGULATIONS?

>> WHO REGULATES WHAT YOU COULD CHARGE.

>> THERE'S GOT TO BE STANDARDS TO IT.

>> SPECIAL MAGISTRATE: WHO REGULATES WHAT YOU CAN CHARGE?

>> WE ALL THAT RUN A BUSINESS CAN CHARGE WHAT THEY WANT, IF PEOPLE WANT TO PAY FOR OUR SERVICES THEY CAN DO THAT.

>> THAT'S DIFFERENT WITH THE CITY.

>> SPECIAL MAGISTRATE: I'M NOT GOING TO DEBATE STANDARDS AND RULES AND REGULATIONS WITH YOU. DO YOU HAVE ANYTHING TO ADD ON WHY YOU SHOULD NOT PAY THIS VENDOR $4,500.

>> I WILL LIKE TO STATE THAT'S AN EXORBITANT AMOUNT OF MONEY.

>> SPECIAL MAGISTRATE: DID YOU KNOW THAT HOMELESS PEOPLE

WERE ON YOUR PROPERTY? >> NO.

>> SPECIAL MAGISTRATE: YOU SAID YOU CHECK ROAR PROPERTY AND KEEP IT UP. HOW DO YOU KNOW THERE'S NOT HOMELESS PEOPLE, BECAUSE, YOU DO SO MUCH FOR THE LINCOLN PARK AREA, WHY DIDN'T

YOU KNOW? >> I'LL TELL YOU WHY, BECAUSE I DON'T DRIVE AROUND MY PROPERTY AT 2 AM TO SEE WHOSE SLEEPING ON

IT. >> THIS IS BROAD, OPEN DAYLIGHT THERE, THIS IS THE PHOTOGRAPH IN FRONT OF YOU.

>> THAT'S AN INDIVIDUAL THAT WALKED IN THERE AND TOOK THOSE

PICTURES. >> SPECIAL MAGISTRATE: IS THAT GENTLEMAN STILL ON THE LINE?

>> HE SENT ME (INDISCERNIBLE) A BILL IN THE MAIL FOR $750 TO PAY THEM. HOW DID IT GET TO FINANCE FOR

$4,400. >> HELLO?

>> SPECIAL MAGISTRATE: YES? >> I'M HERE ON THE PHONE.

>> SPECIAL MAGISTRATE: HOW DO YOU RESPOND?

>> LISTEN, THIS GUY HERE, I DON'T KNOW THIS GUY. I NEVER GAVE THIS GUY A BILL. I DON'T KNOW WHO HE IS, I'M JUST SAYING, I HEAR HIM TALKING BUT, THIS GUY HERE T I DON'T KNOW WHO HE IS, I'M JUST BEING HONEST, HE'S VERY DISRESPECTFUL, AND HE TALKS ABOUT GUYS LIKE THEY WERE TRASH. AND I CALLED THE CITY TO CALL THE POLICE, THEY SAID THEY WERE HANDLE THIS SITUATION, THIS GUY IS OUTRAGES, HE TALKED NASTY TO MY GUYS. I HAD TO CALL THE CITY TO GET OUT THERE, THERE WAS A YOUNG LADY SAID THEY ARE AWARE OF THIS GUY AND HOW HE TALK TOSS PEOPLE. AND WE DID A JOB AFTER WORKING FOR THE CITY OVER 10 YEARS, AS A MATTER OF FACT WE'RE THE NUMBER ONE CONTRACTOR IN FORT PIERCE, I DON'T KNOW THIS GUY. I NEVER CHARGED THIS GUY $750. NEVER.

>> SPECIAL MAGISTRATE IF I COULD ANSWER SOME OF THE QUESTIONS WHICH HAVE BEEN RAISED TODAY.

>> SPECIAL MAGISTRATE: THANK YOU.

>> WE GO OUT FOR BID, AND IT IS, ONCE THE BIDS ARE AWARDED, WE RECEIVED ALL THE DOCUMENTS AND WE HAVE A FULL COMMITTEE THAT DOES THE WHOLE BID PROCESS, VENDORS SUBMIT THEIR PAPERWORK,

[01:40:02]

DO THE WORK. >> I WOULD LIKE TO FOLLOW UP ON ONE OTHER THINGS. MR. IS THAT THE LETTER SPENT TO THE

RESPONDENT? >> YES, MA'AM.

>> AND WAS THAT SENT CERTIFIED MAIL, RETURN RECEIPT?

>> YES, MA'AM. >> DID YOU RECEIVE A RETURN

RECEIPT? >> NOPE.

>> WE DO HAVE A THE LETTER CAME BACK TO THE CITY, IT WAS ADDRESSED TO THE PROPERTY ADDRESS TO THE ADDRESS GIVEN ON THE PROPERTY APPRAISERS, BUT, IT WAS RETURNED UNCLAIMED.

>> AND, BECAUSE THIS WAS UNCLAIMED IS THAT WHY THE

PROPERTY WAS POSTED? >> YES, MA'AM.

>> THE THIRD PIECE OF THIS EXHIBIT, DOES THAT HAVE THE

LETTER ON THE POSTING AS WELL? >> YES, MA'AM.

>> AND DOES THAT INDICATE WHAT THE VIOLATIONS ON THE PROPERTY

ARE? >> YES, MA'AM.

>> DOES THAT INCLUDE CODE SECTION 24-21 SUBSECTIONS 9, 10,

AND 18? >> YES, MA'AM.

>> OKAY. CAN YOU I HAVE THE LITTLE BIGGER HERE IF YOU NEED IT. BUT, CAN YOU READ US WHAT 24-29 SAYS?

>> ANY TRASH, LITTER, DEBRIS, GARBAGE, BOTTLES, PAPER, PLASTIC, METALS, CANS, I'M SORRY, THIS IS GETTING A LITTLE SMALL ON THAT SIDE. BRICKS, CONCRETE, LUMBAR, BUILDING MATERIALS, OR DEAD OR DECAYING PLANTS EXCEPT FOR COME POST.

>> OKAY. AND SO, THERE WAS, A QUESTION ABOUT HOW THE RESPONDENT WAS SUPPOSED TO KNOW ABOUT THE TRASH AND DEBRIS AND GARBAGE ON THE PROPERTY, IS IT CLEARLY POSTED ON HIS PROPERTY

REGARDING THOSE ISSUES? >> YES, MA'AM.

>> >> I DO WANT TO SEE THIS LETTER AND THE PHOTOGRAPHS OF THE PROPERTY?

>> SURE. >> SOMETHING ELSE THAT I WOULD LIKE TO SEE IF POSSIBLE, CAN I SEE THE BIDS WHICH WERE SENT OUT AND WHO APPLIED TO THEM AND WHAT THE OTHER COST WERE THOSE BESIDE

THE $4,400 HE CHARGED. >> IF YOU PUT IN A PUBLIC

RECORDS CONTRACT. >> THIS IS WHAT YOU SENT TO ME TO MY HOUSE AND I DIDN'T SIGN FOR, OR WAS THIS ON THE NOTICE?

>> THE LETTER WAS WHAT WAS MAILED TO YOU AND THE POSTING WAS WHAT WAS POSTED ON YOUR PROPERTY.

>> AND IT'S THE SAME LETTER? BECAUSE, I CAN'T SEE THAT, THE PRINT IS WAY TOO SMALL. IS IT EXACT?

>> IT DOES NOT APPEAR TO BE EXACTLY THE SAME. IT'S A

SUMMARY. >> DOES IT SAY ON THERE THERE

WAS TRASH ON THE PROPERTY. >> YES, SHE JUST READ THAT INTO

THE RECORD. >> REALLY?

[01:45:01]

>> I WOULD LIKE TO ENTER THAT AS THE CITY'S EXHIBIT 2 IN THE

PROJECT. >> SPECIAL MAGISTRATE: IT

WILL BE ENTERED AS SUCH. >> I WOULD LIKE THE COURT TO KNOW THAT IT WAS IN AGREEMENT THAT I WAS IN CONTACT WITH CODE ENFORCEMENT AND LETTING THEM KNOW THAT THEY KNEW I WAS IN CONTACT WITH NICK MIMES AND ON SEVERAL OCCASIONS I CALLED OVER TO CODE ENFORCEMENT TO DISCUSS THE MATTER AND NOBODY WOULD GET ON THE PHONE BECAUSE THEY TOLD ME SINCE I WAS IN CONTACT WITH NICK MIMES I HAD TO TAKE IT UP WITH NICK MIMES'S OFFICE. SO,

THEY DENIED ME CONTACT FOR DAYS. >> SPECIAL MAGISTRATE: WHO

TOLD YOU THAT? >> THEIR OFFICE.

>> SPECIAL MAGISTRATE: DID YOU GET THE NAME OF THE PERSON?

>> ALL OF THEM. >> SPECIAL MAGISTRATE: DID

YOU GET THE NAME OF THE PERSON? >> THEM. THAT'S THEIR NAME.

>> SPECIAL MAGISTRATE: THAT'S THEIR NAME?

>> THESE INDIVIDUALS AND I DON'T KNOW THEM OFF THE TOP OF MY HEAD. I KNEW IT WHEN I WAS CONTINUING TO RESEARCH THE PAPER. YOU COULD ASK THEM, THEY'RE HERE, IF THEY DENIED

TALKING TO ME. >> SPECIAL MAGISTRATE: ON THIS LETTER, IT'S SIGNED BY CODE ENFORCEMENT OFFICER CHARMAINE

KIRKLAND. >> THAT'S HER BOSS BECAUSE I MET THEM AT MY PROPERTY. AND THAT'S HER SUPERVISOR, CORRECT?

>> DIDN'T I MEET YOU GUYS AT THE PROPERTY, AND DIDN'T YOU TELL CODE ENFORCEMENT NOT TO CONTACT ME, AND TO CONTACT NICK

MIMES. >> I DIDN'T TELL YOU THAT ON

YOUR PROPERTY. >> NOT YOU. WE SITED MR. MARCELLINO, HE CONTACTED OUR OFFICE ON SEVERAL OCCASIONS, DECLARING, STATING TO US THAT OUR ORDINANCES ARE WRONG AND INCORRECT. SO, YES, IN REGARDS TO AMENDING AN ORDINANCE OR HAVING AN ORDINANCE CHANGED, HE WAS DIRECTED TO SPEAK TO MR. MIMS, THAT NO WAY STOPPED OUR CURRENT ENFORCEMENT OR THE LEGALITY OF THE ORDINANCES ON THE BOOKS, YES, HE WAS REFERRED TO MR. MIMS, TO EXPRESS HIS THOUGHTS AND IDEAS ABOUT THE ORDINANCES AND WHAT CHANGES SHOULD BE MADE. IT IN NO WAY STOPPED OUR ENFORCEMENT ACTIVITIES IN ANY WAY. WHEN WE STATED HE WAS REQUIRED TO DO THESE EVENTS, HE STATED BACK, NO I'M NOT, THAT'S NOT HOW IT WORKED. THAT'S WHY OUR OFFICE STOPPED COMMUNICATING, BECAUSE, EVERY TIME HE CALLED WE EXPLAINED WHAT NEEDED TO BE DONE AND HE WOULD SAY, NO, I'M NOT DOING THAT. THAT'S WHY HE WAS REFERRED TO MR. MIMES ON THE POTENTIAL OF ORDINANCE CHANGES BUT NOT TO STOP ANY ENFORCE PAL.

THE ORDINANCES ARE IN PLACE AND ADOPTED BY THE CITY COMMISSION AND WE'RE TASKED WITH ENFORCING THOSE ORDINANCES, AS THEY'RE

WRITTEN. >> I DON'T KNOW WHAT THEY ARE RHYME OR REASON WAS FOR NOT GETTING ON THE PHONE, BUT, THEY WEREN'T GETTING ON THE PHONE ENLIGHTENING ME ON THAT, THE SECRETARY WOULD JUST TELL ME SPEAK TO NICK MIME'S OFFICE.

EVERYBODY KNOWS THE CITY MANAGER IS NOT EASY TO GET IN TOUCH WITH. SOMETIMES IT TAKES THEM WEEKS OR A MONTH TO GET BACK TO YOU, BY THE TIME THEY DID GET BACK TO ME THEY SENT PEOPLE THERE TO DO WORK ON MY PROPERTY. I'M A CERTIFIED ARBORISTS, I KNOW FOR 1,000% FACT, $4,400 THAT THAT GENTLEMAN CHARGED IS AN EXORBITANT AMOUNT OF MONEY FOR THE SERVICES HE PROVIDED.

LIKE I SAID, I'M A BIG PROPONENT OF THE REVITALIZATION OF LINCOLN PARK. I DON'T THINK ANYBODY'S INVESTED WHAT I INVESTED TO LINCOLN PARK. I DO A LOT OF CONTRIBUT CONTRIBUTIONS LINCOLN PARK. I'M NOT HOER FOERE FOR PREFERENTIAL TREATMENT. I WOULD HAVE WENT OUT THERE AND DONE IT I WAS TRYING TO INFORM CODE ENFORCEMENT THAT WHAT THEY'RE ASKING TO BE DONE IS COUNTER PRODUCTIVE, WHEN YOU TRIM A TEE, YOU MAY LIFT IT UP SO NOBODY CAN HIDE UNDERNEATH IT BUT REALLY YOU'RE SPREADING THE PEPPER ACROSS THE AREA. I DON'T SPRAY ROUND UP, I'M AN ENVIRONMENTALIST, I DON'T BELIEVE IN PUTTING THAT INTO THE GROUND. I WAS WILLING TO WORK WITH THEM AND THEY WEREN'T WILLING TO WORK WITH ME. I OWN BETWEEN AVENUE E AND F, I OWN ALL THE PIECES OF PROPERTY THERE. IT'S OVER TWO ACRES OF PROPERTY. I KEEP ALL THE REST OF THE PROPERTY UP. THOSE BRAZILIAN PEPPERS I DIDN'T TRIM THEM BY CHOICE BECAUSE I DIDN'T THINK IT WAS THE CORRECT THING TO DO. $4,400 TO DO THE WORK IS AN EXORBITANT AMOUNT OF MONEY, THAT GUY, IN MY EYES IS STEALING FOR THAT AMOUNT OF MONEY. IF I

[01:50:06]

>> SPECIAL MAGISTRATE: OKAY. THANK YOU.

>> . >> SPECIAL MAGISTRATE: THE REPRESENTATIVE FROM GONE FISHING CONTRACTOR, CAN YOU HEAR ME?

>> YES, I HEAR YOU, MA'AM. >> ALL RIGHT. WERE YOU ABOUT

TO SAY SOMETHING? >> NO, MA'AM. I WAS GOING TO ASK HIM TO UNMUTE HIMSELF. BUT, HE GOT BACK WITH US.

>> SPECIAL MAGISTRATE: CAN YOU TELL ME WHAT WORK YOU PERFORMED? YOU DID TELL US IN THE BEGINNING, BUT, CAN YOU TELL

US AGAIN? >> WE TRIMMED UP ALL THE PEPPER TREES ON THAT PROPERTY, ON THAT BIG OLE PEPPER TREE JOB, WE TRIMMED UP THE OAK TREE ON THAT JOB AND WE TRIMMED UP THE WHOLE TREE. AND WHAT PEOPLE DON'T SINCE CORONAVIRUS CAME ALONG, A CHAIN COSTS $30, I RUN STEEL, A CHAIN ALMOST COSTS $30. THE DOCK FEES, WORKERS DON'T WORK FOR $100 NO MORE. AND A CONTRACT HE KNOWS SINCE CORONAVIRUS EVERYTHING HAS WENT UP. IT'S NOT JUST ME, EVERYBODY'S SEEING THE SPIKE UP.

AND THAT'S WHAT WE DO WITH ALL OF MY PROPERTIES, LIKE I SAID, I'VE BEEN A CONTRACTOR FOR THE CITY FOR 10 YEARS AND I'VE NEVER

HAD A AN ISSUE. >> MAY I ASK A FEW FOLLOWUP

QUESTIONS? >> YES.

>> SIR, YOU'VE BEEN WORKING AS A CONTRACTOR FOR THE CITY FOR 10 YEARS, HOW LONG HAVE YOU BEEN IN THE LANDSCAPING BUSINESS?

>> THAT WAS MY FIRST, THE CITY WAS THE FIRST PERSON EVER TO

GIVE ME A CONTRACT. >> SO, IT'S BEEN 10 YEARS?

>> 10 YEARS, ABOUT, YES. >> AND DO YOU ALSO WORK FOR

CUSTOMERS OUTSIDE OF THE CITY? >> YES. I'M ALSO A CONTRACT

FOR THE HOUSING AUTHORITY. >> OKAY.

>> NOW, THE $4,400 THAT WAS CHARGED, DOES PART OF THAT HAVE TO DO WITH THE HAZARDOUS WASTE THAT YOU HAD TO REMOVE FROM THE

PROPERTY? >> HAZARDOUS WASTE, DUMP FEES, EQUIPMENT, EVERYTHING INCLUDED, YES, MA'AM.

>> AND THE $4,400 THROUGH YOUR EXPERIENCE AS WORKING IN THE LANDSCAPE INDUSTRY, IS THAT A REASONABLE PRICE FOR THE WORK THAT YOU HAD TO PERFORM ON THIS PROPERTY?

>> YES, IT ISMENT >> OKAY.

>> AND, ARE YOU FAMILIAR WITH THE BRAZILIAN PEPPER TREES?

>> YES, I AM. >> OKAY. TELL ME IF THIS IS CORRECT OR NOT, YOU CAN CUT THEM WHILE THEY'RE FRUITING OR BLOOMING, YOU JUST HAVE TO BE CAREFUL NOT TO SPREAD THEM, IS

THAT ACCURATE? >> YES, THAT'S ACCURATE, BUT, IT'S HARD NOT TO SPREAD THEM BECAUSE THE PEPPER TREES, THE BIRDS EAT THEM AND THEY WILL KEEP ON GROWING AND GROWING AND GROWING. IF YOU MAINTAIN YOUR PEPPER TREES, THEY WILL NEVER GROW UP THE WAY THEY GREW UP. THE PROBLEM WITH THAT ISSUE IT WAS ALL OVERGROWN, BUT YOU CAN MAINTAIN THEM. THE CITY USED TO PUT OUT WAYS TO HELP PEOPLE MAINTAIN THE PEPPER TREES SO IT WOULDN'T BE THAT HIGH. BUT, WHEN YOU LOOK AT THAT PROPERTY, THAT WAS A WAY, WAY, WAY OVERGROWN PROPERTY.

>> WAS THE PROBLEM THE FAILURE TO MAINTAIN THEM LEADING UP TO

WHEN YOU HAD TO DO THE WORK? >> EXACTLY.

>> AND DO YOU KNOW THE MONTHS WHEN THE BRAZILIAN PEPPER TREES

ARE BLOOMING AND FRUITING? >> NO, MA'AM, I DON'T.

>> I DON'T HAVE ANYTHING FURTHER SPECIAL MAGISTRATE, I

DON'T KNOW IF YOU DO. >> CAN I REITERATE ONE MORE THING. HE STATED THAT HE HAD DUMP FEES. HE DIDN'T DUMP ANYTHING, HE PILED IT UP IN THE STREET AND THE CITY CAME AND GOT

IT. >> SPECIAL MAGISTRATE: NO, SIR, THE CITY DOES NOT PICK UP HIS DEBRIS.

>> HE PILED IT UP. I WATCHED THE CITY COME AND PICK IT UP WITH THE CLAM SHELL. IT WAS NOT HIS COMPANY THAT TOOK IT AWAY.

HE DON'T HAVE ANY DUMP FEES. >> HE'S CORRECT, I DO PILE IT UP, BUT, I MOVE MY OWN DEBRIS. I DON'T KNOW WHAT HE'S TRYING TO DO, BUT, I DON'T KNOW WHAT ELSE TO SAY.

>> THE CITY HAS BEEN GOING AROUND PICKING UP GREEN WASTE

FOR THE LAST 12 MONTHS. >> PART OF OUR CONTRACT WITH BOTH CONTRACTORS IS THAT THEY'RE REQUIRED TO REMOVE THEIR OWN

DEBRIS. >> HE DID NOT DO THAT, HE LEFT IT ON THE SIDE OF THE ROAD AND THE CITY CAME AND GOT IT.

>> CAN I SEE A TICKET FROM THE DUMP THAT DAY?

>> WHEN THERE'S MORE THAN ONE LOT BEING DONE, AND I'VE RUN INTO THIS BECAUSE PUBLIC WORKS HAS CALLED ME AND SAY, I HAVE A BIG PILE, AND THE VENDOR WILL LEAVE IT UNTIL THE END OF THE DAY AND COME AND REMOVE ALL THE DEBRIS. THAT'S HAPPENED MULTIPLE TIMES AND PUBLIC WORKS ASKED WHAT'S UP THE PILE AND WE

[01:55:02]

END OF THE DAY. >> ALSO, I WOULD LIKE TO SAY, WE COULDN'T BE PAID IF THE DEBRIS WASN'T REMOVED. I WOULD LIKE TO REITERATE ON THAT ALWAYS.

>> I WOULD LIKE TO SEE HIS DUMP FEE FOR THAT DAY WHEN HE DUMPED MY DEBRIS, AND I WAS LIKE TO SEE HIS HAZARDOUS WASTE MATERIAL FEE. HE GETS TICKETS FROM THE DUMP. IF HE DUMPED HAZARDOUS MATERIAL, HE WILL HAVE A RECEIPT FOR DUMPING HAZARD OURS MATERIAL. IF HE DUMPED SIX LOADS OF DEBRIS, HE WOULD HAVE

TICKETS FOR SIX LOADS OF DEBRIS. >> SPECIAL MAGISTRATE: ALL RIGHT. I'VE HEARD ENOUGH. UNLESS YOU WOULD LIKE TO SAY SOMETHING ELSE, I'VE HEARD ENOUGH.

>> NOTHING FURTHER FROM THE CITY.

>> SPECIAL MAGISTRATE: NOTHING FURTHER FROM THE CITY.

>> SIR, YOU COULD MUTE AGAIN ON YOUR END.

>> SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I DO FIND THAT THE FEES PAID ARE DUE AND OWING TO THE VENDOR, GONE FISHING, THE CONTRACT IN THE AMOUNT OF $4,400 WHICH INCLUDES A $100 ADMINISTRATION FEE.

>> CORRECT, AND IT'S TO THE CITY.

>> AND IT GOES TO THE CITY OF FORT PIERCE. YOU HAVE 30 DAYS

TO APPEAL. >> OKAY. HOW DO I DO THAT

APPEAL PROCESS. >> SPECIAL MAGISTRATE: CALL A

LAWYER. >> I WANT TO DO IT MYSELF,

PROSAY HOW DO I DO THAT. >> YOU KNOW, I CAME IN FRONT OF

YOU WITH ANOTHER PROPERTY. >> SPECIAL MAGISTRATE: NOPE.

NOPE. NOPE. >> YOU GIVE EVERYBODY A CHANCE TO SPEAK AND YOU'RE SO NICE AND YOU GIVE PEOPLE THE BENEFIT OF THE DOUBT. EVERY TIME I COME UP HERE, YOU'RE NOT WILLING TO DO ANYTHING FOR ME. I COULDN'T UNDERSTAND WHY.

>> DO YOU THINK I OWE YOU GRATITUDE?

>> YOU OWE ME JUST. YOU'RE A CIVIL SERVANT.

>> NEXT CASE, MADAM CLERK. >> ALL RIGHT, I'LL BE APPEALING

IT. >> THANK YOU, KEVIN HAVE A

[B. 22-1970 CE 326 N 15th St Errol Stewart, Errol Stewart Jr Heather Debevec]

GREAT DAY. >> OUR NEXT CASE IS 22-1970, 326 NORTH 15TH STREET. STEWART, AND ARO STEWART JUNIOR.

>> CAN ME MAKE SURE THEY WERE BOTH SWORN? .

>> THEY WERE BOTH HERE. YOU WERE BOTH HERE WHEN WE DID THE

SWEARING IN, RIGHT? >> THANK YOU FOR YOUR PATIENCE.

>> THIS IS CASE 22-1970, THE ADDRESS IS 326 NORTH 15TH STREET. OWNED BY ERROL SEE WART, AND ERROL STEWART JUNIOR, IT IS BEFORE YOU FOR A MASSEY HEARING TODAY. THE SECTIONS IN VIOLATION ARE SECTIONS 2019, NEC FOR TEMPORARY LIGHTING, SECTIONS 123, 37, SUBSECTION 12 FOR LANDSCAPE MAINTENANCE.

PROTECTIVE TREATMENT AND IPMC 304.1 FOR EXTERIOR STRUCTURE,

GENERAL. >> ON, OCTOBER 19TH, 2022, SPECIAL MAGISTRATE FOUND THAT THE VIOLATIONS EXISTED, AND WERE GRANTED THE PROPERTY OWNERS 90 DAYS TO COMPLY OR BE FINED $100 PER DAY. ON DECEMBER 16TH, AN AFFIDAVIT OF NON-COMPLIANCE FOR THE IPMC 304.2, PRODUCTIVE TREATMENT AND 304.1, GENERAL STRUCTURE ONLY WAS DONE. IN OTHER WORDS, THE TEMPORARY LIGHTING AND THE LANDSCAPE MAINTENANCE WERE COMPLIED. ON JANUARY 4TH, 2023, WOE SENT A NOTICE LETTER AND ON JANUARY 29TH, WE SENT OUT A LETTER NOTICING THIS HEARING.

AS OF THIS DATE, THE PROPERTY WAS NOT IN COMPLAINS. THAT'S WHY I DON'T HAVE ANY PAPERWORK TO PRESENT TO YOU.

>> . >> SPECIAL MAGISTRATE: THANK

YOU. STATE YOUR NAME. >> MY NAME'S ERROL SEE WART JR.

>> AND I TAKE IT THE GENTLEMAN NEXT TO YOU IS SR.?

>> THAT'S MY DAD. >> SPECIAL MAGISTRATE: ALL RIGHT. WELL, THE PROPERTY IS NOT IN FULL COMPLIANCE. WELL, UM, LAST YEAR, WHEN HE CAME HERE, UM, I WAS TRYING TO GET A PERMIT TO WORK ON A HOUSE WE DID WORK ON THE PROPERTY BUT THEN I

[02:00:05]

CLEAN UP ON EVERY WEEKEND. >> SPECIAL MAGISTRATE: DO YOU

KNOW WHAT REMAINS TO BE DONE? >> YES, MA'AM.

>> SPECIAL MAGISTRATE: OKAY. WHAT IS IT THAT YOU KNOW THAT

NEEDS TO BE DONE? >> WELL, WE DID A DOORS, THE WINDOWS AND PAINTS AND WE CUT THE PROPERTY. MY DAD'S PROPERTY, I'M TRYING TO CUT IT AND TRIM THE EDGES. TRYING TO KEEP IT (INDISCERNIBLE).

>> SPECIAL MAGISTRATE: I CAN'T RULE ON THIS UNTIL THE

PROPERTY HAS BEEN COMPLIED WITH. >> SO, WHAT DOES THAT MEAN?

>> SPECIAL MAGISTRATE, I'M OFFICER DEBEVIC IS HERE, THE SPECIAL MAGISTRATE HAS TWO OPTIONS WHICH IS TO ALLOW THE CLIENT TO PROVIDE ADDITIONAL TIME TO COMPLY, PRIOR TO US MOVING FORWARD WITH LEAN ACTION, SOMETIMES THE SPECIAL MAGISTRATE HAS HELD THE FINES IN ABAYANCE FOR A LIMITED NUMBER OF DAYS.

>> DID YOU UNDERSTAND THAT, SIR? THAT'S WHY I'M ASKING YOU HOW MUCH TIME YOU NEED TO BRING THE PROPERTY INTO COMPLIANCE.

>> PROBABLY A MONTH. >> SPECIAL MAGISTRATE: AND YOU THINK THAT YOU COULD HAVE IT DONE WITHIN A MONTH?

>> NO, I DON'T THINK SO, LIKE, I PROBABLY NEED THREE MONTHS.

>> WE DO ALL THE WORK ON THOSE ALREADY.

>> SPECIAL MAGISTRATE: MR. DEBEVIC.

>> HE DID MAKE REFERENCE TO THE PROPERTIES.

>> SPECIAL MAGISTRATE: WE'RE TALKING ABOUT THE PROPERTY AT

326 NORTH 15TH STREET, TODAY. >> CORRECT, MA'AM.

>> SPECIAL MAGISTRATE: DO YOU UNDERSTAND THAT?

>> YES, MA'AM. >> AND I THINK MS. DEBEVEC CAN TELL US WHAT SPECIFICALLY NEEDS TO BE DONE TO BRING THAT

PROPERTY INTO COMPLIANCE. >> WILL YOU TELL US THAT.

>> SPECIAL MAGISTRATE: LET HIM KNOW, TOO, BECAUSE, HE SEEMS TO BE CONFUSED ABOUT WHAT NEEDS TO BE DONE WITH WHAT WE'RE

DEALING WITH TODAY. >> I THINK HE UNDERSTANDS WHAT NEEDS TO BE DONE AS HE HAS BEEN DOING WORK ON THE PROPERTY.

ANOTHER CODE OFFICER SHARED PHOTOS WITH ME, UM, I GUESS, SHE'S FAMILIAR WITH THE GENTLEMAN. AND HE HAS BEEN RECEIVING SOME ASSISTANCE TO BRING THE PROPERTY INTO COMPLIANCE. WHICH IS YOU KNOW, FINISHING UP BY THE FRONT DOOR OR BY THE FRONT WINDOW WHERE THE BOARDS WOULD STILL NEED TO BE PAINTED TO COMPLETE THAT. MAKING SURE THAT THE SOUTH SIDE OF THE WALL IS CLEANED OFF. I KNOW HE'S DOING SOME WORK ON THE NORTH SIDE TO MAKE REPAIRS AS WELL. WHICH, HE MIGHT NEED TO GET WITH THE BUILDING DEPARTMENT TO MAKE PROPER REPAIRS TO. HE HAS DONE THE LANDSCAPING, HE'S BEEN TRYING TO KEEP UP WITH THINGS AND HE HAS BEEN WORKING ON STUFF.

>> OKAY. DID YOU UNDERSTAND THAT, SIR?

>> YES, MA'AM. >> SPECIAL MAGISTRATE: SO, WHAT I'LL DO, DO YOU THINK THAT YOU COULD DO THIS IN 60 DAYS? DON'T TELL ME THAT YOU CAN IF YOU CAN'T BECAUSE I CAN GRANT

YOU MORE TIME. >> 60 DAYS? TWO MONTHS?

>> SPECIAL MAGISTRATE: YES,

60 DAYS IS TWO MONTHS. >> YES, MA'AM.

>> SPECIAL MAGISTRATE: DO YOU THINK THAT'S ENOUGH TIME.

>> NO. NO. I NEED MORE TIME. >> SPECIAL MAGISTRATE: YOU

THINK 90 DAYS WOULD SUFFICE. >> FOR THE 326 PROPERTY, YES,

MA'AM. >> SPECIAL MAGISTRATE: I'LL GIVE YOU 90 DAYS TO COMPLY. AND THEN, I'LL HOLD THE FINES IN ABAYANCE, AND HOPEFULLY YOU GET EVERYTHING DONE IN THAT PERIOD

OF TIME. ANY QUESTIONS? >> I WOULD LIKE TO SET THIS FOR A DATE CERTAIN. SO, MARCH, APRIL, CAT, IS IT MAY 17TH?

>> I THINK SO. >> SPECIAL MAGISTRATE: YES.

>> YES. THE 17TH OF MAY. >> SO, WE'LL BRING IT BACK AND

[02:05:07]

THAT DATE, SPECIAL MAGISTRATE. >> MAY 17TH. HOPEFULLY, EVERYTHING WILL GO WELL AND IF YOU GET TO DONE, YOU WON'T HAVE TO GET BACK HERE. GOOD LUCK. SORRY TO KEEP YOU HERE SO LONG.

>> IT'S OKAY. >> SPECIAL MAGISTRATE: THANK

YOU. >> OKAY. I HAVE A TELEPHONE

APPEAL CITATION. >> WE HAVE ONE GENTLEMAN IN THE

[D. 22-3346 PK 100 Blk Melody Lane Sally Glover, Daniel James Wooster Michael Rabenecker]

BACK. >> HE'S OBSERVING.

>> OKAY. OUR NEXT CASE WILL BE 22-3346, 100 BLOCK HELLDY LANE, SALLY GLOVER AND DANIEL JAMES WOOSTER, I'LL CALL THEM NOW.

>> SALLY, THIS IS CRITH RAIN CALLING LIVE FROM THE COMMISSIONER'S CHAMBERS FOR OUR HEARING THIS MORNING.

>> OKAY. >> WE'RE GOING TO LET THE CITY PRESENT AND YOU'LL HAVE A CHANCE TO SPEAK AFTER WARD.

>> OKAY. >> I'M GOING TO SWEAR YOU IN.

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

>> MY NAME IS SALLY GLOVER. >> DO YOU SWEAR OR AFFIRM THAT THE SYSTEM THAT YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. >> THANK YOU.

>> YOUR HONOR THE CASE BEFORE YOU IS CASE 22-3346, A PARKING CITATION WRITTEN AT THE 100 BLOCK OF MELODY LANE. THE CASE WAS INITIATED ON DECEMBER 2ND, 2022. THIS IS A CITATION APPEAL. THE VIOLATORS IN THE CASE CAME BACK AS A SALLY GLOVER AND A DANIEL JAMES WOOSTER. THE CITATION NUMBER WRITTEN IS A PARKING VIOLATION OF CITY COD ORDINANCE 34-35 P, PARKING BEYOND THE POSTED TIME LIMIT. THE CITY'S ASKING THAT A $50 FINE BE ASSESSED AN ADMINISTRATION FEE OF $10 FOR A TOTAL OF $60. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THE VIOLATOR WILL BE SUBJECT TO THE FINES AS INDICATED ABOVE. FAILURE TO PAY THE FINE WILL RESULT IN THE CASE GOING TO THE CITY COURT SYSTEM. ALL THE VEHICLES NEEDED TO BE REMOVED FROM THE MELODY LANE AREA AND THE MARINA LANE SO THAT THE VENDORS COULD SET UP SO THAT ANY VEHICLES PARKED BEYOND THAT POSTED TIME CREATED A HAZARD FOR

THE VENDORS. >> MR. RABENECKER, DID YOU TAKE PHOTOS OF ALL OF THE FRIDAY FESTS SIGNING BEING PLACED OUT

PRIOR TO THE EVENT? >> I DID NOT PERSONALLY, ONE OF THE CO-WORKERS IN THE DEPARTMENT TOOK THE SIGNS AT 8:00 A.M., SHOWING THAT THEY WERE PUT UP IN THE MORNING BEFORE THE EVENT.

>> DID YOU OBSERVE THOSE SIGNS WHILE YOU WERE LOOKING FOR YOUR

PARKING ENFORCEMENT? >> RIGHT. YES.

>> AND ARE THOSE PHOTOGRAPHS THEY TOOK DATE AND TIME-STAMPED?

>> YES, THEY ARE DATED AND TIME-STAMPED

>> AND DO THE PHOTOGRAPHS CONTAINED IN EXHIBIT ONE FAIRLY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT AS

WELL AS THE FRIDAY FEST SIGNS IN >> YES, MA'AM.

>> AT THIS TIME THE CITY MOVES IN AS COMPOSITE EXHIBIT ONE,

THOSE PHOTOGRAPHS. >> SPECIAL MAGISTRATE: THEY

WILL BE ADMITTED AS SUCH. >> AND MR. RABENECKER THIS IS AN APPEAL WHICH WAS RECEIVED, UM, MS. GLOVER WOULD YOU LIKE US TO MOVE IN ON YOUR BEHALF THE PAPERWORK THAT YOU FILLED OUT AND THE PHOTOGRAPH THAT YOU PROVIDED FOR THE SPECIAL

MAGISTRATE TO REVIEW IT? >> YES.

>> OKAY. SO I WILL MOVE IN, IN THE BE RESPONDENT'S EXHIBIT

NUMBER ONE. ON HER BEHALF. >> SPECIAL MAGISTRATE: THIS

[02:10:15]

IS BE ADMITTED AS SUCH. >> ANYTHING FURTHER?

>> NO, YOUR HONOR. >> SPECIAL MAGISTRATE: AND

MS. GLOVER, HOW DO YOU RESPOND? >> I DON'T KNOW, WHAT DO I SAY,

NOT GUILTY? >> SPECIAL MAGISTRATE: WELL,

YOU'RE CONTESTING THE CITATION. >> YES, I AM, AND I AM, I DON'T BELIEVE THAT I SHOULD HAVE GOTTEN THE TICKET. SO, I GUESS THAT MAKES ME, NOT GUILTY OF THIS TICKET, IS THAT THE PROPER

LANGUAGE? >> SPECIAL MAGISTRATE: I

CAN'T GIVE YOU LEGAL ADVICE. >> OKAY. WELL, I'M NOT GUILTY

OF THIS TICKET. >> SPECIAL MAGISTRATE: AND WHY DO YOU THINK THAT YOU ARE NOT GUILTY?

>> BECAUSE, WHEN I FIRST OF ALL, I GOT THERE ON FRIDAY, AND, GOT A ROOM BECAUSE I HAD NEVER BEEN IN FORT PIERCE BEFORE AND I READ THAT YOU HAVE AN OPEN MARKET ON SATURDAY MORNING. MY SISTERS AND I WANTED TO GET THERE EARLY, THEREFORE, WE CAME IN ON FRIDAY. AS WE'RE WE END UP DOWN AT THE END WHERE ALL OF THIS IS GOING TO TRANSPIRE, I PARK THE CAR, I MAKE SURE THAT I HAVE A HANDICAPPED (INDISCERNIBLE) I LOOK AT THE SIGN, I MAKE SURE THAT I'M FOLLOWING WHAT THE SIGN SAYS. I THINK THERE MIGHT EVEN BE THREE SIGNS AND WE GET OUT OF THE CAR, AND WALK AROUND, LOOK AT THE WATER, GRAB LUNCH, GET IN THE CAR AND GO. I WASN'T LOOKING FOR ANY OTHER SIGNAGE OTHER THAN TO MAKE SURE THAT I WAS IN A HANDICAPPED SPOT WITH MY HANDICAPPED PLATES. I DIDN'T REALIZE THERE WERE LIKE TEMPORARY SIGNS PUSHED INTO THE GROUND I DIDN'T KNOW THEY WERE THERE. I DID NOT SEE THEM. HAD I SEEN THEM, I WEOULDN'T HAVE

PARKED WHERE I WAS. >> .

>> SPECIAL MAGISTRATE: ANYTHING FURTHER?

>> >> NO, I DON'T BELIEVE SO.

>> SPECIAL MAGISTRATE: AND YOU'VE SEEN THE SIGNS NOW,

HAVEN'T YOU? >> I'VE SEEN THE SIGNS NOW, BECAUSE THEY WERE BROUGHT TO MY ATTENTION, WHEN, MS. CATHERINE SEN SENT ME AN E-MAIL YESTERDAY.

ARE THEY OBSERVE TO ME NOW? WELL, THEY'RE IN THE GROUND, SO, YES, THEY WOULD BE OBVIOUS. I WOULD NOT PARK THERE BECAUSE NOW I KNOW BETTER. AT THE TIME, THAT WASN'T ON MY MIND. MY MIND WAS TO PARK WHERE I WAS SUPPOSED TO PARK.

>> . >> SPECIAL MAGISTRATE: ALL

RIGHT, ANYTHING FURTHER? >> NO, MA'AM.

>> SPECIAL MAGISTRATE: ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT YOU DID VIOLATE THE PARKING POSTED TIME LIMITS, I'LL IMPOSE A $50 FINE, A $10 ADMIN FEE FOR A TOTAL OF $60, YOU HAVE 14 DAYS TO PAY. FAILURE TO PAY THAT AMOUNT IN THAT PERIOD OF TIME THIS COULD BE FORWARDED TO THE COUNTY COURT WHERE YOU COULD INCUR ADDITIONAL FEES. DO YOU

UNDERSTAND? >> YES.

>> SPECIAL MAGISTRATE: ANYTHING FURTHER?

>> NO, I THINK THIS IS VERY UNFAIR, I WAS NEW TO THE AREA AND NOT LOOKING DOWN ON THE GROUND FOR A SIGN. I WAS LOOKING ON A POLE WHERE THE SIGNS ARE. AND, I THINK IT'S

VERY UNFAIR. >> ALL RIGHT. THANK YOU.

>> THANK YOU, SPECIAL MAGISTRATE.

>> THANK YOU, MS. GLOVER, I CAN SEND YOU A LINK TO PAY IF YOU PREFER, OR I CAN CALL YOU AFTER THE HEARING IN REGARDS TO

PAYMENT. >> SURE. WHICHEVER YOU WANT.

MY PHONE IS UNRELIABLE AS FAR AS LINKS GO. SO, IF YOU GIVE ME AN ADDRESS, I CAN TAKE THE TICKET, THROW IT IN AN ENVELOPE AND BE

DONE WITH IT. >> OKAY. WE'LL TALK SOON.

>> OKAY. THANK YOU. >> BYE-BYE.

[02:15:02]

>> SPECIAL MAGISTRATE: ALL RIGHT. WE CAN TAKE A BREAK

[F. 22-3218PK 100 Blk Orange Avenue Tafakara Sharifa Smith Michael Rabenecker]

>> THE CASE WAS INITIATED OHHEN NOVEMBER 13TH, AND IT IS A PARKING CITATION, THE VIOLATOR IN THE CASE CAME BACK AS A TAFAKARA SHARIFA, SMITH. THE VIOLATOR FAILURE TO PAY SUCH A FINE. PHOTOS TO INTRODUCE TLAR DATE AND TIME STAMPED.

>> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT

ONE, THE PHOTOGRAPHS. >> ANYTHING FURTHER?

>> I SEE THAT MS. SMITH IS NOT PRESENT. HOWEVER BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND SHE'S RESPONSIBLE FOR THE VIOLATION, I WILL IMPOST A $50 FINE, AN ADMIN FEE OF $10 AND A LATE FEE OF $18. FAILURE TO PAY WILL RESULT IN THE CASE BEING TRANSFERRED TO THE COUNTY COURT

[G. 22-3099PK 800 Blk South 7th Street Anita Hernandez Michael Rabenecker]

>> THE NEXT GAYS IS 22-3099 PARK CAN SIGH PLACE AGAINST 800 BLOCK OF SOUTH 7TH STREET. ANITA HERNANDEZ.

>> IT IS A CITATION CASE. THE VIOLATOR IN THE CASE CAME BACK AS ANITA HERNANDEZ. THE CITATION NUMBER WRITTEN IS 18477, A PARKING VIOLATION OF CITY ORDINANCE. THE CITY'S ASKING THAT A $50 FINE BE ASSESSED, ADMINISTRATION FEE OF $10. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE THE FAILURE TO PAY SUCH A PAIN WILL RESULT IN A SIGH TRIGS DATE AND TIME STAMPNDND A ACCURATELY PORTRAY THE

VIOLATIONS AS I WITNESSED IT. >> AT THIS TIME, I WOULD LIKE TOED A MITT THE PHOTOGRAPHS AS EXHIBITS ONE.

>> SPECIAL MAGISTRATE: THAT WILL BE ADMITTED AS SUCH.

>> ANYTHING FURTHER? >> NO, YOUR HONOR.

>> SPECIAL MAGISTRATE: I FIND THAT ANEAT THAT HERNANDEZ IS NOT HERE NEITHER IS THERE A REPRESENTATIVE ON HER BEHALF.

HOWEVER, BASED ON THE TESTIMONY AND EVIDENCE PRESENTED I FIND THAT SHE'S THE PARTY RESPONSIBLE FOR THE VIE LICHEN, I WILL IMPOSE A $50 FINE, A $10 ADMIN STREET AND A $18 LATE FEE. SHE HAS 14 DAYS TO PAY. FAILURE TO PAY COULD RESULT IN THE CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE COULD

[J. 22-3217PK 100 Blk Orange Ave Edward John Parker Michael Rabenecker]

>> THANK YOU, YOUR HONOR. ? OUR NEXT CASE IS 22-3217, EDWARD JOHN PARKER. 100 BLOCK ORANGE AVENUE.

>> YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 22-3217, A PARKING VIOLATION THAT OCCURRED OTUP ONE BLOCK OF ORANGE AVENUE. THE CASE WAS INITIATED ON NOVEMBER 13TH, 2022, THE VIE LIGHTER IN THE CASE CAME BACK AS AN EDWARD, JOHN PARKER. THE CITATION NUMBER WRITTEN IS ONE 8539, A PARKING VIE LICHEN OF CITY ORDINANCE 34-39 B, PARKING PAST THE 30-LIMIT TIME LIMIT AND A LOADING ZONE. THE CITY'S ASKING FOR A $50 FINE A $10 ADMINISTRATION FREE AND A LATE FEE OF $18. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THAT THE VIOLATION EXISTED. FAILURE TO PAY SUCH A FINE

[02:20:07]

WITNESSED IT. >> AT THIS TIME, THE CITY WILL ADMIT THE PHOTOGRAPHS AS EXHIBIT ONE.

>> SPECIAL MAGISTRATE: I FIND THAT EDWARD JAMES PARKER IS NOT PRESENT, BUT, IS THERE A REPRESENTATIVE ON HIS MABEHALF.I DO FIND THAT HE'S GUILTY OF PARKING BEYOND THE 30-MINUTE POSTED TIME LIMIT AND A LOADING ZONE. I WILL IMPOSE A $50 FINE, A $10 ADMINISTRATION FEE AND A LATE FEE OF $18. IF HE DOES NOT PAY THE FINE WITHIN THE 14 DAYS THIS CASE COULD BE SENT TO THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND

[K. 22-3220PK 600 North Indian River Drive Craig Richard Bousley Michael Rabenecker]

COSTS. >> OUR NEXT CASE IS 22-3220, 600 NORTH INDIAN RIVER DRIVE. CRAIG, RICHARD BOSLEY.

>> THE NEXT CASE BEFORE YOU IS 22-3220, A PARKING VIOLATION THAT OCCURRED AT THE 600 NORTH INDIAN RIVER DRIVE LOT. THE CASE AN NOVEMBER 13TH, 2022, THE VIOLATOR IN THE CASE, CAME BACK AS A CRAIG RICHARD BOUSLY, THE CITATION IS A PARKING VIOLATION OF CITY ORDINANCE 34-39 T, PARKING IN A SAFETY ZONE. THE CITY'S ASKING THAT A $50 FINE BE ASSESSED AND THE ADMINISTRATION FEE OF $10 AND A LATE FEE OF $18. INDICATED ABOVE, FAILURE TO PAY SUCH A FINE RESULTS IN A CITATION BEING REPORTED TO THE CUBITI COURT SYSTEM. I HAVE PHOTOS THAT INTRODUCE THE DATE AND TIME STAMPEDND A ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IT.

>> AT THIS TIME, THE PHOTOGRAPHS WILL BE SUBMITTED AS

EXHIBITS. >> SPECIAL MAGISTRATE: I DO FIND HIM GUILTY OF PARKING IN A SAFETY ZONE. I WILL IMPOSE A $50 FINE AN ADMIN FEE OF $10 AND A LATE FEE OF $18, TOTAL DID YOU, $78 PAYABLE WITHIN 14 DAYS. THE PARTY SHOULD BE AADVISED, FAILURE TO PAY THIS WITHIN THAT PERIOD OF TIME COULD RESULT IN THE CASE BEING SENT TO THE COUNTY COURT SYSTEM WHERE HE

[L. 22-3302PK 100 Blk North Indian River Drive Michael Shane O'Cain Michael Rabenecker]

>> THANK YOU. >> THE NEXT CASE IS 22-3302, 100 BLOCK OF INDIAN RIVER DRIVE, MICHAEL SHANE OCANE.

>> YOUR HONOR, THE NEXT CASE BEFORE YOU IS WASTE NUMBER 22-3202. S CASE WAS INITIATED ON PHOTOGRAPH 18TH, 2022. THE VIOLATOR IS A MICHAEL SHANE OCANE. THE CITATION NUMBER IS WRITTEN IS 18545 A PARKING VIOLATION OF CITY ORDINANCE 34 HADN'T 34 T, PARKING IN A SAFETY ZONE. THE ADMINISTRATION FREE OF $10 AND A LATE FEE OF $18 FOR A TOTAL DUE OF $78, THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS. FAILURE TO PAY SUCH A FINE RESULTS IF A CITATION BEING FORWARDED TO THE COUNT COURT SYSTEM, I HAVE PHOTOS THAT ARE DATE AND TIME STAMPED AND ACCURATELY PORTRAY

THE VIOLATION AS I WITNESSED IT. >> AT THIS TIME, THE PHOTOGRAPHS WILL BE ADMITTED AS EXHIBITS.

>> SPECIAL MAGISTRATE: I MIND THAT MICHAEL SHANE OCANE IS NOT HERE NEITHER IS A REPRESENTATIVE ON HIS BEHALF YOU I DO FIND HIM GUILTY OF PARKING IN THE SAFETY ZONE I WILL IMPOSE A $50 FINE, $10 ADMINISTRATION FOE, $18 LATE FEE FOR A TOTAL OF $78, PAYABLE WITHIN 14 DAY, PARTY SHOULD BE ADVISED THAT FAILURE TO FAY SUCH FINE IN THE DAYS, THE VIOLATION WILL BE FORWARDED TO THE COUNTY

[M. 22-3172PK South Beach Park Charlotte Brothers Trucking, LLC Michael Rabenecker]

>> OUR NEXT CASE IS 22-3172 SOUTH BEACH PARK CHARLOTTE

BROTHERS TRUCKING LLC. >> YOUR ONNER, THE NEXT CASE BEFORE YOU IS CASE NUMBER 22-3172, A PARKING VIOLATION THAT OCCURRED AT SOUTH BEACH PARK. THE CASE WAS INITIATED ON OCTOBER 23RD, 2022, THIS IS A CITATION PRESENTATION. THE VIOLATOR IN THE CASE CAME BACK AS A CHARLOTTE BROTHERS TRUCKING LLC, THE CITATION NUMBER WRITTEN IS ONE 8508, RESTRICTIVE PARKING

[02:25:01]

THE VIOLATION AS I WITNESSED IT. >> AT THIS TIME, THE CITY ADMITS THE PHOTOGRAPHS AS EXHIBIT ONE.

>> SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH. I FIND THAT CHARLOTTE BROTHERS TRUCKING LLC IS NOT PRESENT NEITHER ARE REPRESENTATIVES HERE ON THEY ARE BEHALF. HOWEVER, I FIND THEM RESPONSIBLE FOR THE VIOLATION FOR RESTRICTIVE PARKING FOR CARS, I'LL IMPOSE A $50 FINE, $10 ADMIN SFEE AND AN $18 LATE FEE FOR A TOTAL OF $78, THEY HAVE 14 DAYS TO PAY. AND FAILURE TO PAY THAT THE CASE COULD BE FORWARDED TO THE COUNTY

[A. 22-3076 CE 1826 Orange Ave Willie C Smith Jr L C Smith Pinkie Smith Heather Debevec]

>> THANK YOU, YOUR HONOR. >> THE NEXT CASE IS 22-3076, 1826 ORANGE AVENUE. WILLIE C SMITH JUNIOR, LC SMITH AAND PINY

SMITH. >> YOUR HONOR THIS IS CASE NUMBER 22-3076, 1826 ORANGE AVENUE, WILLIE C SMITH, LC SMITH, PINKY SMITH. THE CASE WAS INITIATED ON OCTOBER 28TH OF THIS YEAR, EMERGENCY ESCAPE OPENINGS, AND COVERED WINDOWS.

IPMC 304.3, ADDRESS IDENTIFICATION, SECTION 24-19, 2420, 2421, SECTION 117 -- 3, SUBSECTION THREE REMOVAL OF SIGNS, SECTION 22-2, STORAGE AND WASTE. IT WAS REQUESTED TO PLACE DECREASED ADDRESS NUMBERS TO BE VISIBLE FROM THE ROADWAY AND REMOVE ITEMS FROM THE OPEN TRAILERS AND REPAIR OR REPLACE THE PEELING LETTERS ON THE SIGNAGE, REPLACE THE NON-OPERATIVE VEHICLES AND WRECKED VEHICLE IN A SCREENED AREA OF THE PROPERTY. THE CITY'S REQUESTING IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR GIVE 10 DAYS TO COMPLY AND I DO HAVE PHOTOS IN WHICH TO SUBMIT.

>> TO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE

VIOLATIONS AS YOU OBSERVED THEM? >> YES, MA'AM, THEY DO.

>> AT THIS TIME, THE CITY MOVES IN COMPOSITE EXHIBIT ONE, THE

PHOTOGRAPHS. >> AS YOU NOTICE, SPECIAL MAGISTRATE, AS YOU GET FURTHER INTO THE PHOTOS, THE LAST PHOTOS THAT I TOOK YESTERDAY, HE HAS BEEN ATTEMPTING TO CLEAN EVERYTHING UP ON THE PROPERTY. HE DID REMOVE THE SIGN THAT WAS CAUSING A PROBLEM, HE HAS COVERED IT WITH A TARP, AND, WHAT LOOKS LIKE DUCT TAPE OF SORTS, I'M NOT QUITE SURE. HE HAS BEEN MAKING AN ATTEMPT TO CLEAN UP THE PROPERTY.

>> AND I WANT TO CONFIRM WITH MS. ARRAYS, I'LL ASK YOU ONCE YOU FINISH. THE VIOLATIONS FOR 2419, 2420, 2421, THOSE, UM, HE WAS VIOLATED IN ANOTHER CASE THAT'S STILL RUNNING FINES,

CORRECT? >> THAT IS CORRECT.

>> SO, AT THIS TIME, WE'RE NOT ASKING FOR A FURTHER VIOLATION FOR THOSE CODE SECTIONS, CORRECT?

>> THAT IS CORRECT. IT'S ACTIVE ALREADY.

>> WE'RE PROCEEDING ON IPMC 304.3 SECTION ONE 17-3 B AND

SECTION 26-TWO? >> CORRECT.

>> SPECIAL MAGISTRATE: ALL RIGHT, I FIND THAT WILLIE C SMITH JR., LC SMITH AND PINKY SMITH ARE RESPONSIBLE FOR THE VIOLATION BUT NONE OF THEM ARE PRESENT NOR ARE REPRESENTATIVES ON THEIR BEHALF. I WILL FILE THEM WITH A VIOLATION AS STATED BY COUNSELOR. AND THEY WILL HAVE, I'LL GIVE THEM 20 DAY TO COMPLY OR A FINE OF ONE HUNDRED DOLLARS PER DAY BE ASSESSED, 30

[B. 22-3391 CE 2002 Orange Avenue Eddy's Garage Heather Debevec]

DAYS TO APPEAL. >>> OUR NEXT DAY IS 22-3391, 2002, ORANGE AVENUE, EDDY'S GARAGE.

[02:30:11]

>> TEXT 22-29, ENFORCEMENT. IT WAS REQUESTED THAT THEY CONTACT THE CITY CLERK'S OFFICE TO RENEW THE TAX RECEIPT. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS VIOLATION EXISTS, THE VIOLATORS BE FINED A PENALTY OF $250 BE GIVEN FIVE DAYS TO OBTAIN THEIR TAX RECEIPT AND ORDER THAT THE FAILURE TO OBTAIN THE BUSINESS TAX RECEIPT WILL RESULT IN UTILITIES BE SUSPENDED. I HAVE CERTIFICATION FROM THE CITY CLERK'S OFFICE STATING THEY DO NOT HAVE A CURRENT BTR, BUSINESS TAX RECEIPT, AT THIS TIME. I DID, WHEN I SERVED THEM NOTICE OF THIS HEARING, UM, THE GENTLEMAN SAID, OH, I HAVE THAT OR I'VE GOT THAT OR ARE WORKING ON IT, BUT, THEY HAVE NOTHING AT THIS

TIME. >> SPECIAL MAGISTRATE: THANK

YOU. >> AND WE WILL MOVE THAT CERTIFICATION IN AS EXHIBIT 1. AND THE THING THAT YOU'LL NOTICE IN THERE, THE CLERK HAS FILLED IN, THERE WAS A PREVIOUSLY BTR, HOWEVER IT EXPIRED, NOTICED WERE SENT TO THE ADDRESS ON FILE FOR THE BUSINESS OWNER, UM, AND IT WAS NOT RENEWED.

>> SPECIAL MAGISTRATE: ALL RIGHT. THIS IS BE ADMITTED AS

SUCH. >> AND THIS BUSINESS IS A SHARED BUILDING WITH ANOTHER BUSINESS.

>> >> SPECIAL MAGISTRATE: OKAY. I THINK I KNOW WHO THAT OTHER BUSINESS IS. I DON'T KNOW THEM PERSONALLY, BUT I'M FAMILIAR WITH THE ORANGE AVENUE CORRIDOR. I FIND THAT EDDIE'S GARAGE DOES NOT HAVE A REPRESENTATIVE HERE. HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND HE'S THE PARTY RESPONSIBLE FOR THE VIOLATION AND THIS IS JUST TO GET A BUSINESS TAX RECEIPT. UM, ALL RIGHT. I'LL GIVE HIM 14 DAYS TO OBJECT TAB THE BUSINESS TAX RECEIPT. AND ORDER THAT FAILURE TO OBTAIN THE BUSINESS TAX RECEIPT WILL RESULT IN ALL UTILITIES TO THE PREMISES BE

SUSPENDED. 30 DAYS TO APPEAL. >> SPECIAL MAGISTRATE, UM, WE ALSO REQUESTED A PENALTY OF $250 BE ASSESSED.

>> SPECIAL MAGISTRATE: SORRY, I DO HAVE THAT. I WILL ASSESS A

PENALTY OF $250. >> THANK YOU SPECIAL

[D. 22-3180 CE 119 Indian Hills Drive Steven Patterson Heather Debevec]

MAGISTRATE. >> NEXT CASE IS 22-3180, 119 INDIAN HILLS DRIVE. STEVEN PATTERSON.

>> >> SPECIAL MAGISTRATE THIS IS CASE NUMBER IT 22-3180, WHEN 19, INDIAN HILLS DRIVE, STEVEN PATTERSON, FOR SECTION ONE 33-27, SUBSECTION 12, LANDSCAPE MAINTENANCE. EXTERIOR STRUCTURE GENERAL. IPMC, PROTECTIVE TREATMENT, IT IS REQUESTED THAT THEY MOW THE YARD AND TRIM THE BUSHES TO BE NO MORE THAN 4 FEET TALL. REPAIR OR REPLACE THE ROTTING TRIM, PRESSURE WASH THE TRIM AND SHOULDERS, THE CITY'S REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATE HERB GIVEN 30 DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED. I'VE SPOKEN WITH THE OWNER ONCE AND HE WAS IN A REHAB FACILITY AFTER BEING DISCHARGED FROM THE HOSPITAL AND WAS SUPPOSED TO BE GOING HOME. I HAVE HAD NO

CONTACT WITH HIM SINCE. >> HOW LONG AGO WAS THAT?

>> PROBABLY A COUPLE OF MONTH. >> AND DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS AS YOU OBSERVED THEM?

>> YES. >> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT ONE THE PHOTOGRAPHS.

>> THANK YOU, THEY WILL BE ADMITTED AS SUCH.

>> ANYTHING FURTHER? >> NO, MA'AM.

>> I FIND THAT STEVEN PATTERSON IS RESPONSIBLE FOR THE VIOLATION, IS NOT PRESENT NEITHER ARE THE REPRESENTATIVE ON HIS BEHALF. HOWEVER, I FIND HIM IN VIOLATION AS STAYED BY MS. DEBEVEC, AND GIVE HIM 30 DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED HE HAS 30 DAYS TO APPEAL. HE DOESN'T LIVE

HERE, DOES HE? >> HE DOES. WHEN WE HAD CONTACT, HE HAD A NURSE HELPING HIM WITH THE CONVERSATION VIA E-MAIL, UM, THEY NEVER GAVE US A SPECIFIC PHONE NUMBER OR ANYWAY

[E. 22-3186 CE 111 Indian Hills Drive Sukru Kaya (LF EST) Heather Debevec]

>> SPECIAL MAGISTRATE: ALL RIGHT. THANK YOU.

>> OUR LAST CASE IS 22-3186, 111 INDIAN HILLS DRIVE,

[02:35:04]

SUKRU KAYA. >> I NOTICED THAT YOU SAID LAST CASE, I STILL HAD A CITATION THAT I THOUGHT NEEDED TO BE DONE. DID IT GET PAID THIS MORNING THAT I'M NOT AWARE OF?

>> YES. >> YOUR HONOR THIS IS CASE NUMBER 22-3186, 111 INDIAN HILLS DRIVE, SUKRU ADDRESS IDENTIFICATION, SECTION 123-IPMC, PROTECTIVE TREATMENT AND I WOULD LIKE TO REQUEST FOR THE DETERMINATION UPON THE WHOLE THING. AND I DO HAVE PHOTOS IN WHICH TO SUBMIT.

>> THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS AS THEY EXISTS AND AS THEY HAVE BEEN CURED?

>> I'M SORRY? >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS AS THEY EXISTED AND

AS THEY HAVE NOW BEEN CURED? >> YES, MA'AM.

>> AT THIS TIME, THE CITY WILL MOVE IN AS EXHIBIT ONE, THE

PHOTOGRAPHS. >> SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION DID EXIST AT 111 INDIAN HILLS DRIVE AND IT HAS BEEN CURED AS OF TODAY'S DATE. SHOULD THE VIOLATION OCCUR AGAIN, UM, IT COULD INCUR INCREASED OR ADDITIONAL FEES

INVOLVED. >> SPECIAL MAGISTRATE: ALL

RIGHT. IS THAT IT? >> IF THE OTHER CITATION'S PAID

THEN. >> IS THAT THE ONE THAT CAME DOWN THIS MORNING? IS THAT THE ONE THAT SHE'S REFERRING TO?

>> NO, THAT IS NOT THE ONE THAT SHE'S REFERRING TO. BUT, BOTH

OF THEM WERE PAID. >> THANK YOU.

>> AND FOR THE PARTIES NOT PRESENT, HOW DO THEY NOTIFY

THEM, MADAM CLERK? >> FOR CASES REQUIRING A HEARING, A NOTICE OF HEARING WAS SENT TO THE VIOLATOR, CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED, IT'S ON FILE.

A NOTICE OF HEARING CLOSED IS SEPTEMBER TO THE VIOLATOR, REGULAR U.S. MAIL. 10 DAYS PRIOR TO THE HEARING A NOTICE IS POSTED ON THE BULLATIN BOARD IN CITY HALL. PER CASES NOT MANDATED STATE STATUTE. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE BOARD IN CITY HALL.

* This transcript was compiled from uncorrected Closed Captioning.