May 17, 2023 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:10]

>> GOOD MORNING. MY NAME IS FRAN ROSS. I AM A SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARINGS. YOU ARE HERE BECAUSE YOU PROBABLY RECEIVED A PARKING CITATION OR RECEIVED NOTICE YOUR PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CITY CODE OF ORDINANCE. YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT AND SO FAR YOU HAVE NOT DONE THAT. FOR THOSE OF YOU WHO WISH TO BE HEARD, I WILL CALL YOUR CASE SHORTLY. ONE THING, IF YOU HAVE A PARKING CITATION, AND YOU ARE FOUND GUILTY, YOU WILL INCUR ADDITIONAL FEES AND COSTS.

YOU WON'T JUST PAY WHATEVER THE TICKET IS WORTH. YOU COULD HAVE ADMINISTRATIVE COSTS AND OTHER COSTS INVOLVED. JUST BE AWARE OF THAT. AND I WILL HEAR YOUR CASE, BUT JUST BE AWARE OF THAT. NOW, IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF

ALLEGIANCE. >> I I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

PLEASE REMAIN STANDING FOR THOSE WHO WILL TESTIFY. YOU WILL BE SWORN IN BY THE

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

>> MADAM CLERK, CALL THE FIRST CASE. >> OKAY.

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

TRUST NUMBER 129. 23-027, 1909 AVENUE P, MARK MILAN.

23-21, 190 ABEL DELAWARE AVENUE, RAI. 23-35, 307DECORDRE COURT, RAI.

23-729, 816, ORANGE AVENUE. GONAVE SUPERSTORE. 725 ORANGE AVENUE, SEPTENTRON MARKET. 800 VIRGINIA AVENUE CPR AND MORE TRAINING CENTER.

23-731, 1143 AVENUE CNC SOUL FOOD LLC. *6.

>> 23-779, 1303 AVENUE D, T'S BOUTIQUE AND THRIFT CO. 23-584, 200 BLOCK MARINA WAY.

[B. 23-992PK 400 North Indian River Drive Douglas Weber Charmaine Kirkland]

23-06 MAY FLOWER LANE. 23-04 ORANGE AVENUE. 23-34, DELAWARE AVENUE.

>> 23-79, JAYCEE PARK. 22-3005. NEBRASKA AVENUE.

805 VIRGINIA AVENUE, SUITE ONE, MEDICAL TRAINING SKEPB TER LLC. 23-791, 1302 NORTH 21ST STREET, APARTMENT B, JUNKIN TONS HAULING AND JUNK REMOVAL SERVICES.

23-789, 800 VIRGINIA AVENUE, SUITE 32, GRAFIKA CREATIVE SOLUTIONS INK.

23-800, 1307 DELAWARE AVENUE, MARCIE VARIETY SHOP. 23-727, 117 NORTH 5TH STREET. 23-695, 1202 AVENUE D. AVENUE D STOP AND SHOP MART.

23-805, 117 NORTH 5TH STREET, SUITE 5. EMERALD MEDICAL LLC.

>> 23-774, 1323 AVENUE D. 23-670. 1305 AVENUE D.

[00:05:02]

KINGDOM CREATIONS BY TIFFANY LLC. 23-778, 115 NORTH 8 STREET SUITE

A, TANIA SERVICES LLC. 23-235, JAYCEE PARK. >> 23-790, 1303 ORANGE AVENUE.

>> 23-777, 401, SOUTH 7TH STREET, CENTER 4 CHANGE. 23-810, 734 ORANGE AVENUE, MONIQUE THRIFT SHOP, LLC. 23-181-6102 NORTH 9TH STREET.

TW TRADING POST. 23-811, 720 DELAWARE AVENUE, MOLIA'S HAIR AND BEAUTY BAR.

>> 23-592, 2003 AVENUE O. 23-265, 1100 BLOCK SUNRISE BOULEVARD.

23-237 PARK, JAYCEE PARK, MENDOZA. 22-1587, 604 SOUTH 24 STREET.

OUR FIRST CASE IS 23-992400 NORTH INDIAN RIVER DRIVE DOUGLAS WEBER.

>> WHEN ARE YOU READY. GOOD MORNING. >> GOOD MORNING, YOUR HONOR.

CASE NUMBER -- CASE NUMBER 23-992 IS A PARKING CITATION ISSUED AT THE 400 BLOCK OF NORTH INDIAN RIVER DRIVE TO A DOUGLAS WEBER. CASE INITIATED APRIL 6TH, 2023. THIS IS A CITATION APPEAL. CITATION NUMBER 18838, CODE SECTION 34-31C RESTRICTED BOAT TRAILER ONLY. FINE OF $50.

ADMIN FEE OF $10 AND TOTAL DUE OF $60. IT HAS BEEN REQUESTED THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS. THE VIOLATOR WILL BE ABOVE.

THE FINE PAID TO THE COUNTY COURT SYSTEM. AND I DO HAVE PHOTOS AT THE TIME

AND DAY OF VIOLATION. >> HAS THE RESPONDENT SEEN THE PHOTOGRAPHS?

>> NO. BUT I'M WELL AWARE OF THE SITUATION.

>> SO THIS WAS A PARKING APPEAL, CORRECT? DO YOU HAVE HIS APPEAL PAPERWORK

AS WELL? >> SIR, DO YOU -- THE APPEAL THAT YOU FILLED OUT WITH YOUR REASONING, DO YOU WANT THAT ADMIT I HAD -- ADD PHEULTED AS AN EXHIBIT FOR THE SPECIAL

MAGISTRATE. >> SURE. I REMEMBER IT PARKED WHERE IT

SHOULD BE PARKED, IS THAT CORRECT? >> YEAH.

THAT IS ESSENTIALLY WHAT YOU WROTE. SPECIAL MAGISTRATE, WE WILL MOVE AS EXHIBIT 1 THE PHOTOGRAPHS AND ON THE RESPONDENT'S BEHALF WHAT I WILL MARK IS RESPONDENT'S

EXHIBIT 1, HIS APPEAL PAPERWORK. >> IT WILL BE ASSESSED. >> I'M GONNA MARK THIS.

>> THANK YOU. >> I'M GONNA GIVE YOU BACK THE PIECE THAT HAD HIS DRIVER'S

LICENSE ON IT. >> SIR, STATE YOUR NAME. >> DOUGLAS WEBER.

[00:10:12]

>> I SEE YOU FOUND AN APPEAL. HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> AS I STATED AND I HAVE PLENTY OF PICTURES, THE AREA IS NOT PROPERLY POSTED.

IT DOES NOT SAY BOAT TRAILER PARKING ONLY, PERIOD. IT DOES NOT SAY ONLY ANYWHERE.

WHEN I DID THIS THEY SAID THERE IS A SIGN THAT SAYS PARK IN DESIGNATED PARKING.

I TOOK A PICTURE OF EVERY SIGN AT THAT PLACE AND IT DOES NOT SAY DESIGNATED PARKING ONLY.

WHAT IS THAT IN FRONT OF THAT TRAILER? GEE WIZ, THAT'S A MOTOR VEHICLE, A CAR OR TRUCK. THAT SHOULDN'T BE THERE AND THEY SHOULD GET TICKETS IF IT IS ONLY BOAT TRAILER PARKING ONLY. LEGALLY, LINGUISTICALLY, THEY SHOULD TAKE THE TRAILER OFF AND PARK WHERE CARS PARK. AND I HAVE PICTURES HERE OF AN ENTIRE PARKING LOT WHERE MY RV WAS FULL OF CARS ON AN EVENING PAST. NOBODY GOT A TICKET BECAUSE THEY HAD SOMETHING GOING ON. PROPERLY POSTED SIGNS ALL OVER OVER ACCORDING TO THE CITY, AND I HAVE THAT NEEDS TO BE ON A POST, POSTED AT A CERTAIN HEIGHT.

SUCH AS YOU DON'T SEE PEOPLE ILLEGALLY PARKING GENERALLY IN A HANDICAPPED.

HANDICAPPED IS LEGALLY POSTED WITH A SIGN THAT SAYS IT IS A $250 FINE IF YOU ARE CAUGHT WITHOUT A PERMIT. THERE IS NO SUCH SIGN. THERE IS A SIGN THAT SAYS NO OVERNIGHT PARKING, ET CETERA AND ALL THE RULES. IT DOESN'T SAY ANYTHING ABOUT DESIGNATED PARKING. THERE SHOULD BE A SIGN, A LEGALLY POSTED SIGN IN FRONT OF THOSE AREAS SAYING BOAT TRAILERS ONLY AND ONLY BOAT TRAILERS OR TRUCK AND TRAILER.

THAT'S WHAT I'M SAYING. AND IF YOU WOULD LIKE TO LOOK AT THESE PICTURES AND THE ORDINANCE

THE WAY IT IS WRITTEN, I WILL B. >> I HAVE PICTURES THAT YOU SUBMITTED.

ARE THERE ADDITIONAL? >> I DIDN'T SUBMIT PICTURES. >> DO YOU HAVE ADDITIONAL

PICTURES? >> YES. THOSE SHE MUST HAVE SUBMITTED.

>> HAVE YOU SEEN HIS PICTURES? SHOW THEM TO HER, PLEASE. DO YOU WANT ME TO ADMIT THESE AS

EVIDENCE OR DO YOU WANT TO SHOW THEM TO ME? >> WELL, THAT'S THE SIGN WHAT THE CITY SAYS ABOUT HOW A POSTING, AN ACTUAL POSTING IS PROPERLY DONE.

HERE IS A SIGN THAT SAYS BOAT TRAILER PARKING AND IF IT SAID BOAT TRAILER PARKING ONLY I WOULDN'T HAVE PARKED THERE. MANY YOU SEE BOAT TRAILERS PARKING WHERE THE CARS ARE.

THERE IS A CAR HERE AND A CAR THERE AND THEY ARE HOGGING UP TWO CAR SPOTS.

I DIDN'T WANT TO DO THAT WITH MY RV. I FIGURED I WOULD BE IN TROUBLE FOR THAT. EVEN THOUGH THERE IS NOT A SIGN THAT SAYS THAT.

>> SPECIAL MAGISTRATE, IF YOU WOULD LIKE ME -- DO YOU WANT THIS ADMITTED AS AN EXHIBIT SO

SHE HAS IT? >> YES. >> I CAN MARK IT AS RESPONDENT'S EXHIBIT 2. SPECIAL MAGISTRATE, I DON'T HAVE AN OBJECTION TO THEM BEING ADMITTED. I WILL POINT OUT THAT THE WEIGHT OF THEM IS VERY MINIMAL IN THE SENSE THAT THE CODE SECTION THAT HE HAS GIVEN AS WELL AS A GOOGLE SEARCH OF THE DICTIONARY DEFINITION OF POST AND PHOTOGRAPHS OF UNRELATED AREAS HAVE VERY LITTLE RELEVANCE, BUT

I WON'T OBJECT TO THEM BEING ADMITTED. >> WERE ARE -- THERE ARE NOT SIGNS POSTED IN THE PARKING LOT. AND THERE IS A GUY SLEEPING DURING HIS LUNCH BREAK.

>> SO YOU ARE PICKING AND CHOOSING WHO YOU WANT TO TICKET. >> ALL RIGHT.

ANYTHING FURTHER? FROM EITHER PARTY. >> NO.

I GUESS THAT'S ABOUT IT. I JUST DON'T THINK IT IS RIGHT BEING SO SELECTIVE ABOUT

[00:15:06]

AND IT SHOULD BE PROPERLY POSTED. LIKE I SAID.

>> I JUST HAVE A FOLLOW-UP FOR MS. KIRKLAND. THE PARKING LOT WE ARE TALKING ABOUT IS THE MANATEE OBSERVATION PARKING LOT, IS THAT CORRECT? THE CENTER SPOTS WHEN YOU DRIVE IN, WHERE WE SAW A LOT OF HIS PHOTOGRAPHS, ARE THOSE -- ARE THEY, LIKE, HIGH GRID -- HYBRID SPOTS OR -- AND THEY CAN BE SINGLE VEHICLE OR BOAT OR TRAILER.

THE ONES ALONG THE WATER LINE, ARE THOSE ONLY BOAT TRAILER PARK STPH-G.

>> SOME OF THEM ARE BOAT AND TRAILER WHICH ARE MARKED AND TO THE SOUTH OF HIS VEHICLE IS CAR

PARKING ONLY. >> AND THE WAY YOU CAN TELL THE DIFFERENCE IS THE LINES CUTTING THEM TO WHERE A CAR WOULD BE A PROPERLY FITTING CAR IS THAT CORRECT? THE SPOTS HE IS PARKED IN IS IT CUT TO WHERE A CAR ONLY CAN PARK IN THEM AND DOES IT SAY BOAT

TRAILER PARKING ON HIS PARKING SPOT SPECIFICALLY? >> YES.

>> THE OTHER FLEX SPOTS, DO THEY SAY BOAT TRAILER PARKING ON THEM, THE FLEX ONES?

>> NO. AND THE ONES TO THE SOUTH SHE IS TALKING ABOUT, THAT'S WHERE I PARK NOW. THERE IS A LONG STRIPE AND IT DOESN'T SIGH -- SAY ANYTHING ABOUT CAR PARKING AND THAT'S WHERE I NOW PARK AND I HAVEN'T BEEN BOTHERED.

LET ME SAY ALSO, I HAVE BEEN PARKING THERE SINCE THE FIRST WEEK OF DECEMBER AND NEVER HAD A PROBLEM UNTIL THE BOAT RAMPS EP -- RAMPS OPENED AND THAT'S WHEN THE PROBLEM STARTED.

THE BOAT RAMPS HAD LEGALLY POSTED SAYING IT WAS CLOSED BECAUSE OF MANATEE SEASON.

ONCE THE SIGNS CAME DOWN, I GUESS ALL OF A SUDDEN I CAN'T PARK THERE ANYMORE.

WHY DIDN'T I GET A WARNING OR SOMEBODY PAT ME -- I GO OUT FISHING EVERY DAY.

I AM 40 YARDS AWAY. ANYBODY CAN SAY YOU HAVE TO MOVE YOUR RV.

THE DOOR WAS OPEN SO YOU KNOW I WAS NEARBY. YOU GOT OUT OF THE TRUCK TO PUT A TICKET ON THERE. YOU COULD HAVE WALKED OVER AND SAID THAT'S YOURS? SINCE I AM THE ONLY ONE AROUND. THERE IS NOBODY ELSE PARKED THERE.

>> SPECIAL MAGISTRATE, WE ARE GONNA PULL UP GOOGLE EARTH SO YOU CAN SEE.

I -- YOU NEED THE GOOGLE EARTH PICTURES OF IT. DO YOU HAVE IT SAVED ON THIS

DESKTOP? >> THERE ARE NO RESTRICTIVE HOURS EITHER WITH THE BOAT

TRAILER PARKING, BUT THERE WAS 15 CARS THERE PARKED THAT NIGHT. >> DO YOU WANT TO HAND IT TO ME?

>> YOU ARE AT COBB'S. KEEP GOING NORTH. >> THERE YOU GO.

THAT'S IT. LOOK AT ALL OF THE CARS THERE RIGHT NOW.

>> MS. KIRKLAND -- SORRY. MS. KIRKLAND, HERE IS WHERE I AM TALKING ABOUT WITH THE FLEX SPOTS. ARE THESE THE LINES CUTTING TO MAKE THIS A FLEX SPOT TO WHERE A

CAR CAN PARK OR A FULL TRAILER CAN PARK? >> YES, MA'AM.

>> AND NOW IS THIS WHERE HE WAS PARKING -- PARKED IN THESE THAT CLEARLY INDICATE BOAT PARKING --

BOAT TRAILER PARKING. >> YES. >> ARE THERE FLEX SPOTS TO

INDICATE THAT CARS ONLY CAN PARK THERE? >> YES.

OKAY. THANK YOU. >> IF YOU GO SOUTH OF THAT YOU WILL SEE WHERE I PARK NOW WITH THE LONG LINES JUST FOLLOW THE TREE LINE DOWN SOUTH.

IF I PARK BY THE DUMPSTER MY RV STICKS TOO FAR OUT SO I KNOW I WOULD GET IN TROUBLE FOR THAT.

[00:20:07]

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

>> I GUESS, NO. >> BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND THE PARTY IS RESPONSIBLE FOR THE VIOLATION.

YOU FINE AND ADMIN FEE OF $10. HAVE YOU 14 DAYS TO PAY.

CITATION IS BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU COULD INCUR ADDITIONAL FEES

AND COSTS. YOU HAVE 30 DAYS TO APPEAL. >> OKAY.

>> THANK YOU. >> WELCOME. SO THAT'S IT.

>> THAT'S IT. NEXT CASE, MADAM CLERK. >> THANK YOU.

[C. 23-989PK 100 Blk Orange Avenue Melanie Trewyn Charmaine Kirkland]

>> OUR NEXT CASE IS 23-989, 100 BLOCK ORANGE AVENUE. MELANIE TREWWYN.

>> GOOD MORNING, YOUR HONOR. >> GOOD MORNING. >> WHEN YOU'RE READY,

MS. KIRKLAND. >> CASE NUMBER 23-989 WHICH OCCURRED ON 100 BLOCK OF ORANGE AVENUE. CASE NUMBER 23-989 TO MS. MELANIE TREWYN.

APRIL 6, 2023. CITATION NUMBER 18834. CODE SECTION 34-31G PARKING IN A TRAFFIC LANE. FINE OF $50. ADMIN FEE OF $10 AND TOTAL DUE IS $60. FIND THE VIOLATION EXISTS, THE VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY FINE WILL RESULT IN CITATION BEING FORWARDED TO THE COURT. I HAVE PHOTOS OF TIME OF DAY OF THE INCIDENT.

>> DID THE RESPAWN DEPARTMENT HAVE A -- RESPONDENT HAVE A CHANCE TO SEE THESE?

DID YOU SEE THE PHOTOGRAPHS? >> THERE IS THAT ONE AND THEN THERE IS THE OTHER ONE.

OKAY. I DIDN'T TAKE THESE. DO YOU HAVE MINE?

>> NO. THESE ARE OUR PHOTOGRAPHS. WE CAN ADMIT ANY PHOTOGRAPHS THAT YOU HAVE, BUT THESE ARE OURS. SO THE QUESTION IS WHETHER YOU HAVE AN OBJECTION TO THE ACCURACY OR AUTHENTICITY OF THOSE PHOTOGRAPHS.

>> OH. NO. THEY ARE AUTHENTIC.

THEY ARE ALSO SHOW SOMETHING OF THE THINGS THAT ARE MY POINT AS WELL.

DO YOU NEED ME TO RE -- RESEND IT. >> HERE IT IS.

>> SO WE CAN MOVE YOUR APPEAL STUFF THAT YOU SEPTEMBER IN, I CAN MOVE THOSE IN ON YOUR BEHALF

AND MARK THOSE AS AN EXHIBIT FOR YOU. >> PLEASE.

THANK YOU. >> THANK YOU. >> SO AT THIS TIME SPECIAL MAGISTRATE I WILL MOVE IN AS CITY'S EXHIBIT 1 THE PHOTOGRAPHS AND AS RESPONDENT'S EXHIBIT 1 ON

HER BEHALF THE APPEAL PAPERWORK THAT SHE SUBMITTED. >> THANK YOU.

>> ANYTHING FURTHER? >> I'M SORRY. WERE THOSE ADMITTED?

>> YES. >> ALL RIGHT. MS. TREWYN, HOW DO YOU RESPOND.

>> THANK YOU FOR THIS OPPORTUNITY. I WOULD LIKE TO HAVE ITEM -- HOW DO I WORD IT? NOT GUILTY, IS THAT HOW YOU WORD IT?

>> YOUR EXPLANATION OF WHY YOU PARKED WHERE YOU DID. >> YES, MA'AM.

EVERYONE WAS BACKED ALL THE WAY BACK BECAUSE OF THE TRAIN, THE GATES WERE DOWN.

[00:25:06]

THE CURB IS WHITE AND IT IS NOT YELLOW. I THOUGHT, WELL, THEY HAVE OPENED UP A NEW PARKING AREA. AND SO I RAN ACROSS THE STREET TO WHERE I PICKED UP MY SHIRT, AND I GUESS THAT WAS JUST ENOUGH TIME. I DID TRIPLE CHECK.

I CHECKED THE CURB TO SEE IF IT WAS YELLOW. I LOOKED FOR A SIGN OTHER THAN THE PARKING SIGN THAT YOU SEE IN FRONT AND THERE IS NO SIGN ON THAT POLE TO THE IMMEDIATE RIGHT. SO I THOUGHT WITH ALL OF THE PARKING ISSUES, THEY HAVE OPENED

UP ANOTHER PARKING SPOT. >> IT LOOKS LIKE YOU ARE PARKED ON A ROADWAY.

RIGHT IN FRONT OF YOUR CAR THERE ARE DESIGNATED PARKING SPACES. >> NO, MA'AM.

THEY WERE FULL AND WE WERE -- AT THE TIME -- >> DESIGNATED PARKING SPACES.

I DIDN'T SAY THEY WERE EMPTY, BUT THOSE WERE THE DESIGNATED PARKING SPACES.

>> AS I SAID, THE RAILROAD CROSSING WAS DOWN AND WE WERE ALL THE WAY BACK TO WHERE I WAS.

I DID CHECK THE CURB AND THERE IS NO YES, MA'AM -- NO YELLOW. I CHECKED THE POLE AND THERE IS NO SIGN SAYING NO PARKING. I THOUGHT THEY HAD OPENED UP A NEW PARKING SPOT AND I WAS IN A VERY LONG LINE, AND I THOUGHT IT WAS A PARKING SPOT ACCORDING TO THE LACK OF SIGNAGE AND THE LACK OF A YELLOW CURB AND THE DISTANCE -- WE WERE JUST SITTING THERE FOR A VERY LONGTIME

BECAUSE OF THE WHOLE TRAIN ISSUE. >> I'M SORRY GO AHEAD.

>> NO, MA'AM. I'M JUST REPEATING MYSELF. I THOUGHT IT WAS AND I DID

TRIPLE CHECK. >> COUNSEL, DO YOU HAVE ANYTHING?

>> SURE. I WILL POINT OUT THIS IS CLEARLY A TRAVEL LANE.

THIS IS NOT A PARKING SPOT. IT IS NOT MARKED AS A PARKING SPOT.

YOU CAN SEE IT IT SAYS PARKING AND IT POINTS AHEAD. YOU CAN SEE THE OTHER CARS ARE OFFSET TO THE RIGHT HAND SIDE WHERE THE DESIGNATED PARKING SPOTS ARE.

UNFORTUNATELY WE CANNOT GO AROUND MARKING EVERY ROADWAY AS NO PARKING, OTHERWISE EVERY ROADWAY WOULD SAY NO PARKING. THIS IS CLEARLY NOT A PARKING SPOT.

>> I DISAGREE. WE WERE IN A LINE. MY VIEW WAS BLOCKED.

IN THIS PICTURE I CAN CERTAINLY SEE YOUR POSITION, BUT AT THE TIME, MY VIEW WAS BLOCKED BY THE LARGER VEHICLES AHEAD OF ME. IF THERE IS NO NO PARKING SIGN, IF THERE IS NO YELLOW CURB, WHAT ARE WE SAYING DESIGNATES IT DIFFERENTLY? BECAUSE IT CLEARLY HAS NO YELLOW CURB AND I COULD NOT SEE THE -- NOW, IN THIS PICTURE, GRANTED, BUT I COULD NOT SEE ALL OF THE THINGS TO THE RIGHT. AND IT DOESN'T SHOW IT. I UNDERSTAND.

>> AND THAT'S WHAT I'M LOOKING AT. I WORK DOWNTOWN FOR 30 YEARS.

WE KNEW THERE WAS A PARKING PROBLEM IN FORT PIERCE BECAUSE OF THE TREMENDOUS AMOUNT OF GROWTH THAT HAS OCCURRED WITHIN THE STATE OF FLORIDA. THERE IS A PARKING GARAGE HERE.

THERE IS ONE DOWN ACROSS THE STREET FROM THE COURTHOUSE, ALL DESIGNATED PARKING SPACES.

IN FRONT OF YOUR CAR IS A PARKING SIGN AND IT SHOWS AN ARROW STRAIGHT AHEAD.

THE TRAINS HAVE BEEN A PROBLEM HERE BECAUSE OF -- WHAT'S THIS NEW RAILROAD COMING THROUGH

HERE? BRIGHT LINE. >> AND WE ARE -- RIGHT, AND I'M

WITH THE BUILDING DEPARTMENT AND WE ARE NOT READY FOR IT. >> WE'RE NOT READY FOR IT EITHER

[00:30:07]

>> WE ARE NOT SET UP UP FOR THE TRAIN. AT THE TIME I REALLY WAS TRYING TO BE CONSCIENTIOUS, AND I COULDN'T -- I WASN'T GOING TO DO A U-TURN ON THAT SMALL STREET.

WE HAD BEEN SITTING THERE A VERY LONGTIME. I UNDERSTAND ABOUT THE PARKING DECK, BUT I COOPERATE GET TO THEM -- BUT I COULDN'T GET TO THEM.

I THOUGHT THEY HAD OPENED UP BECAUSE THEY HAD TAKEN DOWN A SIGN THAT SAID NO PARKING.

I USED MY BEST JUDGMENT AT THE TIME AND I REALIZE THERE IS A DISPUTE IN THAT.

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

>> IF I AM FOUND STILL LIABLE I ENCOURAGE THE CITY TO AT LEAST PAINT THE CURB YELLOW.

TO DESIGNATE A NO PARKING AREA OR PUT UP A NO PARKING SIGN. SO OTHER PEOPLE AREN'T CONFUSED.

AND WE NEED TO CONSCIOUSLY DO SOMETHING ABOUT THE TRAIN SITUATION BECAUSE THERE IS GOING TO BE FATALITIES IF WE DON'T MAKE ACCOMMODATIONS ON OUR ROADWAYS FOR WHAT THEY ARE GOING

TO BE DOING. >> ALL RIGHT. ANYTHING FURTHER?

>> NO, MA'AM. >> ALL RIGHT. BASED ON THE TESTIMONY PRESENTED I FIND A VIOLATION OCCURRED AND MEDICAL -- MELANIE TREWYN IS RESPONSIBLE.

THERE WILL BE A FINE OF $50 AND A FEE OF $10. YOU HAVE 14 DAYS TO PAY AND FAILURE TO PAY COULD RESULT IN A FINE BEING SENT TO THE COUNTY COURT SYSTEM WILL YOU -- WHERE YOU WILL INCUR ADDITIONAL FEES AND COSTS. YOU HAVE 30 DAYS TO APPEAL.

>> YES, MA'AM. >> THANK YOU. >> JUST SO YOU KNOW THERE IS A PARKING COMMITTEE THAT IS TRYING TO ADDRESS THE PARKING PROBLEMS HERE.

AGAIN BECAUSE OF THE TREMENDOUS AMOUNT OF GROWTH. YOU MIGHT WANT TO CHECK WITH SOMEBODY IN CITY HALL AND SEE WHEN THEY HAVE THE PARKING MEETING AND VOICE YOUR P-PBG --

AND VOICE YOUR OPINION THERE. >> AND THE NEXT MEETING SESSION IS JUNE 14TH.

>> DO YOU HAVE A TIME? >> I BELIEVE THEY MEET AT 9 A.M., BUT IF YOU GO ON THE CITY'S WEBSITE TO OUR AGENDAS, IT WILL ALL POST ON THERE AND YOU CAN LOOK AT THE TIMES.

>> IN THIS BUILDING? >> YES. >> ALL RIGHT.

THANK YOU. >> YOU'RE WELCOME. GOOD LUCK.

>> OUR NEXT CASE IS 23-78, 100 BLOCK MELODY LANE. KAREN CROKE.

MICHAEL CROKE. >> GOOD MORNING. >> GOOD MORNING.

>> GOOD MORNING, YOUR HONOR. >> GOOD MORNING. >> YOUR HONOR, THE CASE BEFORE YOU IS CASE NUMBER 23-78, A PARKING VIOLATION THAT OCCURRED AT THE 100 BLOCK OF MELODY LANE.

THE CASE WAS INITIATED ON JANUARY 7TH, 2023. THIS IS A REGULAR CITATION.

THE VIOLATOR IN THE CASE CAME BACK AS A KAREN CROKE AND MICHAEL CROKE.

THE CITATION IS 18680. THIS CITATION HAS BEEN AMENDED FROM 34-30 HANDICAP ACCESS TO 34-31A, IMPROPER PARKING ONLY. THE AMOUNT OF THE VIOLATION HAS CHANGED FROM $250 DOWN TO A $50 OFFENSE. THE CITY IS REQUESTING YOU ASSESS A $50 FINE, ADMINISTRATION FEE OF $10 AND LATE FEE OF $18 FOR A TOTAL DUE OF $78.

THE STATE REQUESTED IF THE SPECIAL MAGISTRATE FINDS IT EXIST IT SHOULD BE AS INDICATED ABOVE. FAILURE TO PAY IS THE CITATION GOING TO THE COURT SYSTEM.

THEY ACCURATELY PORTRAY THE VIOLATIONS I WITNESSED. >> HAVE YOU ALL HAD A CHANCE TO

SEE THE PHOTOGRAPHS? >> YES, MA'AM. >> OKAY.

WE WILL MOVE THOSE IN AS CITY'S EXHIBIT -- COMPOSITE EXHIBIT 1. >> THANK YOU.

THEY WILL BE ADMITTED AS SUCH. >> I WANT TO MAKE SURE. I THINK THIS WAS AMENDED RECENTLY. WHEN DID YOU ALL FIND OUT THIS HAD BEEN AMENDED TO THE LOWER

CITATION? >> JUST A FEW MOMENTS AGO. > OKAY.

SO I THINK IN FIR FAIRNESS -- IN FAIRNESS TO YOU ALL, IF YOU ARE NOT READY TO PROCEED BECAUSE IT

[00:35:02]

SET IT FOR A LATER DATE SO YOU HAVE TIME TO REVIEW IT. >> I DON'T KNOW IF IT WOULD HELP MY CASE, BUT ON THE OTHER PHONE I HAVE VIDEOS OF -- I'M A LOCAL FAMILY BUSINESSMAN AND THERE IS OTHER -- I WAS JUST GOING TO THE SATURDAY MARKET AND DROPPING OFF MORE EQUIPMENT AND THERE IS OTHER VENDORS THERE THAT USE THAT AREA RIGHT THERE, THEY PARK THERE EVERY DAY.

EVEN WILL, THE MARKET MANAGER PARKS THERE SOMETIMES. AND I HAVE VIDEO ON MY OLD PHONE OF CARS PARKED THERE WITH MULTIPLE POLICE OFFICERS IN CARS AND ON BICYCLES AND NO TICKETS

ARE GIVEN OUT IN THOSE MOMENTS. >> SO I JUST -- I WANT TO MAKE SURE.

IT SOUNDS LIKE YOU WANT TO GO AHEAD AND HANDLE IT TODAY. >> YES.

>> AND THAT'S FINE. BECAUSE IT CHANGED I WANTED TO GIVE YOU OPPORTUNITY IF YOU

NEEDED IT TO REVIEW IT. >> OKAY. >> DO YOU HAVE ANYTHING FURTHER?

>> NO. I DON'T HAVE ANYTHING FURTHER. >> I GUESS -- I APOLOGIZE.

MAYBE ONE OTHER THING I SHOULD CLARIFY. BECAUSE THE FINE WENT FROM $250 DOWN TO $50 THAT WE ARE SEEKING, DID YOU WANT TO AGREE TO THE $50 OR NO?

>> IF I FIGHT IT, THEN WOULD IT GO BACK TO THE OTHER CHARGE? >> IF YOU FIGHT IT, THEORETICALLY, THE SPECIAL MAGISTRATE COULD ORDER UP TO A $500 FINE.

THAT IS WHAT THE CODE SAYS. YOU MR. RABENECKER IS STILL ASKING FOR JUST A FINE OF A TOTAL OF $78. THEORETICALLY, THE SPECIAL MAGISTRATE COULD DO 0 AND IT

COULD BE UP TO 500. >> THEN I WOULD DEFINITELY LIKE TO PAY IT TODAY.

>> OKAY. AND YOU HEARD MY SPEECH. PARKING IS A PROBLEM.

I DON'T USUALLY SAY THIS, BUT I SAY IT AND I HOPE PEOPLE UNDERSTAND WITH GOOD INTENTIONS.

I HAVE GOTTEN TWO CITATIONS MYSELF. >> YES.

>> SO THERE IS NO FAVORITISM HERE. NOW I OBEY THE PARKING SIGNS AND I PARK EITHER IN THIS GARAGE OR THE ONE DOWN THERE AND WHEN I WORK DOWNTOWN, WE HAD A SECRETARY WHO WOULD TELL US THAT WE HAD A PARKING METER MAID THEN AND SHE ROAD AROUND WITH A TRUCK AND A STICK. SHE WOULD COME AROUND EVERY TWO HOURS AND THE SECRETARY WOULD SIT THERE AND SAY THE METER MAID IS OUT AND WE WOULD SCRAMBLE AND MOVE OUR CARS.

JUST LAST WEEK I WAS STANDING OUTSIDE OF ONE OF THE RESTAURANTS ON SECOND STREET AND A GUY PARKED IN FRONT OF WHAT WAS A HANDICAPPED ENTRY AND EXIT.

>> OKAY. >> AND I SAID, OH LORD. AND MY FRIEND TOLD HIM, YOU KNO.

THAT'S A VIOLATION. PEOPLE COME AROUND AND THEY ARE GONNA CITE HIM.

IT WAS NOT HE OVER EXTENDED HIS TIME. HE WAS PARKING IN THE WRONG SPOT. AND SO HE STARTED TALKING AND I SAID, SIR, I SERVE AS A SPECIAL MAGISTRATE. I WOULD HATE TO HAVE TO FINE YOU, BUT IF YOU DON'T MOVE THAT CAR AND THEY COME THROUGH HERE AND THEN YOU GET A TICKET, I WON'T TAKE THE CASE, BUT THE NEXT MAGISTRATE WOULD. IT'S A PROBLEM. AND THE CITY IS [INAUDIBLE] AND THE PARKING COMMITTEE MEETS REGULARLY. AND I JUST -- I'LL TELL YOU WHAT MY DADDY USED TO SAY TO US. IF EVERYBODY IS JUMPING OFF THE BRIDGE, ARE YOU GONNA JUMP OFF AND YOU KNOW YOU CAN'T SWIM? I SAY THAT A LOT NOWADAYS. YOU ARE AWFULLY YOUNG, AND I KNOW YOU WERE WORKING, BUT YOU JUST CAN'T DO IT. OR IF YOU DO IT, THERE IS AN OFFICER NEARBY JUST SAY, OFFICER, CAN I PARK HERE JUST TO UNLOAD?

THAT WAY IT WON'T HAPPEN TO YOU AGAIN. >> YES.

>> ALL RIGHT? >> SPECIAL MAGISTRATE, I DID SPEAK WITH STAFF AND SINCE WE DID JUST AMEND THIS AND REALLY THIS IS THE FIRST OPPORTUNITY HE HAD TO ADDRESS IT, WE ARE FINE WAIVING THE ADMIN FEE AND THE LATE FEE SO THE TOTAL IS ONLY GOING TO BE $50.

>> I WAS GOING TO DO THAT ANYWAY SO YOU CONTINUE -- SO YOU DON'T INCUR IT.

I WILL FIND YOU ARE IN VIOLATION, BUT YOU SEEM TO BE AN AWFULLY NICE YOUNG MAN AND

[00:40:02]

IF YOU HAVE TO PARK THERE AGAIN AND THERE ARE OFFICERS THERE, SAY CAN I PARK HERE? I JUST NEED TO UNLOAD. AND THAT WAY THEY WILL KNOW YOU ARE NOT JUST VIOLATING THE LAW.

I WOULD IMPOSE A $50 FINE. HOW MUCH TIME DO YOU NEED TO PAY IT?

>> I COULD PAY IT RIGHT NOW. >> ALL RIGHT. I WILL GIVE YOU -- THE STATE -- THE CITY HAD REQUESTED IT, BUT I WAS NOT GONNA IMPOSE THE ADD MINUTE FEE OR THE LATE FEE

BECAUSE OF WHAT YOU SAID. >> THANK YOU. I REALLY APPRECIATE IT AND I

LIKE SUPPORTING THE CITY OF FORT PIERCE. >> THANK YOU.

GOOD LUCK TO YOU. >> THANK YOU. YOU AS WELL.

>> THANKS. >> THANK YOU, YOUR HAN -- HONOR. >> THANK YOU, MR. RABENECKER.

>> NEXT CASE? >> WE LOST OUR CLERK. DO WE KNOW WHICH ONE WE ARE ON?

>> THERE SHE IS. >> MY APOLOGIES. >> THAT'S OKAY.

>> OUR NEXT CASE IS GONNA BE 23-19, 313DECORDRE COURT, JEAN DANTILUS.

>> I NORMALLY GO BY THE ALPHABET AND LETTERING OF THESE PAGES. WHICH PAGE IS THAT?

IS IT 5? >> FOR THIS ONE? THIS IS GONNA BE IN THE

VIOLATIONS SECTION. THIS IS 5C. >> GOTCHA.

I GOT IT. >> GOOD MORNING. >> GOOD MORNING.

>> GIVE ME ONE SECOND. >> THIS IS CASE NUMBER 23-19, 31 3-D ECORDRE COURT.

IT WAS TPHEURB KPWRAEUTED BY MYSELF ON JANUARY 11TH, 2023.

THE OWNER IS JEAN RDANTILUS IN POERT SAINT LUCY. THE VIOLATION IS PROTECTIVE TREATMENT SECTIONS 30-28 SUBSECTION C, RESPONSIBILITY FOR CONTAINERS AND 24-19, 20-21 SUBSECTION 4 FOR PARKING IN OTHER THAN PAVEMENT AND 24-19, 2021 SUBSECTION 1 AND 5 FOR OUTSIDE STORAGE. A CORRECTIVE ACTION WAS TO PRESSURE WASH THE HOME AND MOLD AND DETERIORATION HAD OCCUR AND TO REMOVE ALL TRASH AND RECYCLING TO THE -- I'M SORRY, TO THE SIDE OR THE REAR OF THE STRUCTURE. TO REFRAIN FROM PARKING VEHICLES ON GRASS AT ALL TIMES AND TO REMOVE ALL TRASH, WOOD, GARBAGE AND OTHER MISCELLANEOUS ITEMS. THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR

BE GIVEN $10 TO COMPLY. WE DO HAVE PHOTOS HERE. >> ALT -- AT THIS TIME THE CITY

WILL MOVE INTO CITY'S COMPOSITE PHOTOGRAPHS. >> IT WILL BE ADMITTED AS SUCH.

>> ANYTHING FURTHER MR. SAUCEDO. >> HAVE YOU BEEN SWORN? >> YES.

>> HOW DO YOU RESPOND TO THE ALLEGATIONS? >> WE ARE GONNA ANSWER THEM.

FIRST OF ALL, THE INITIAL LETTER FOR THE COMPLIANCE, I DIDN'T RECEIVE IT.

I DON'T KNOW HOW AND WHY. I RECEIVED THE LETTER FOR TO COME HERE TO THE LETTER AND ONCE I RECEIVED THE LETTER. THIS HOUSE IS A DUPLEX AND TIME TO TIME AS THE OWNER I HAVE TO

[00:45:09]

-- >> SIR, SIR, SIR. LET ME STOP YOU RIGHT NOW.

PLEASE DON'T PERSONALIZE PEOPLE'S RACE, COLOR, CREED OR NATIONALITY.

DO YOU OWN THIS HOUSE? THIS APARTMENT? THEN IT IS YOUR RESPONSIBILITY

TO MAINTAIN IT. >> OKAY. YES.

I AM NOT LIVING THERE. YOU HAVE TO UNDERSTAND, I AM NOT LIVING THERE.

>> GO AHEAD. >> THE HOUSE WAS TWO YEARS AGO. YOU UNDERSTAND IF IT IS THE WAY IT IS, IT IS THE WAY THEY USE AND I DON'T KNOW WHAT THEY DO WHEN IT'S RAIN OR THEY USE WATER EVERYWHERE. IT MAKE THE WALL THE WAY IT IS. TWO YEARS AGO THE HOUSE WAS PAINT. EVEN I PAINT IT TODAY, IT COULD BE THE SAME WAY TWO WEEKS AFTER, BUT I UNDERSTAND IT IS MY RESPONSIBILITY TO TAKE CARE OF. IT WHEN I RECEIVED THE LETTER I CALL A GENERAL CONTRACTOR AND THERE WAS A SIGN HE TOLD ME, BUT IT IS NOT A PROBLEM AND I DON'T NEED PERMIT TO RESOLVE THE PROBLEM. GO AHEAD AND DO THE WORK AND A*FR -- AND AFTER HE WILL GET IN TOUCH WITH THE CITY TO DO IT. I CALLED SOMEONE TO DO THE WORK.

WE DO THE FACIAL THINGS. WHEN IT COMES TO WASHER PRESSURE THEY HAVE TO HAVE SOME PROBLEM.

UNTIL TODAY I STILL DIDN'T DO IT. I AM STILL WAITING TO BE WASHING AND FOR PAINT. FOR THE YARD AND THE KLEIN -- AND THE CLEANING, ALL OF THOSE

THINGS ARE ALREADY DONE TWO WEEKS AGO. >> THAT'S GOOD.

I'M GLAD TO HEAR THAT. >> YOU OWN THIS DUPLEX, RIGHT? >> YES.

I OWN THE DUPLEX. >> YOU REALIZ YOU ARE THE ONLY PERSON THAT WILL BEHELD -- BE

HELD RESPONSIBLE FOR THAT DUPLEX. >> YES.

>> AND IF YOUR TENANTS ARE CREATING A PROBLEM FOR YOU, IT IS YOUR PROBLEM.

WE DON'T CITE THE TENANTS. WE CITE THE HOMEOWNER OR THE LAND OWNY -- LANDOWNER.

>> I KNOW THIS IS NOT THE FIRST TIME TO RECEIVE THE LETTER TO GO BACK AND DO CLEANING AND PAY

OTHER PEOPLE TO CLEAN. >> THERE IS A RENOVATOR YOU CAN USE TO STRAIGHTEN THIS OUT.

YOU MAY NEED TO TALK TO A LAWYER BECAUSE I CAN'T GIVE YOU ADVICE FROM THE BENCH, BUT THERE IS A

REMEDY. >> SO WHAT I SEE OTHER HOUSES AND THEY DO -- THEY DO THE SAME

THING. IT IS NOT ONLY MY HOUSE. >> SIR, BUT YOU ARE THE ONLY PERSON HERE. AND WE HAVE DEALT WITH SITUATIONS LIKE THIS BEFORE.

IT IS YOUR RESPONSIBILITY TO HAVE THEM CLEAN THE OUTSIDE. IF THEY DON'T, YOU DO IT.

BECAUSE WE CITE THE HOMEOWNER. >> BUT NOW IF I -- TWO WEEKS AGO, I DON'T KNOW IF THE INSPECTOR WENT BACK TO SEE ALL THIS. THE PICTURE I GOT NOW IS NO LONGER THIS THING. MOST OF THIS THING LEAVE TWO WEEKS AGO.

LIKE I TELL YOU, IT IS ONLY THE WASHING THE WALL. I HAVE TO WASH AND RE-- REPAINT IT BECAUSE THE GUY HAD A PROBLEM. I TRIED TO GET SOMEONE ELSE TO DO IT, BUT MAYBE BY THE END OF THIS WEEK WE COULD WASH THE WAI. FOR ALL OF THE OTHER PROBLEM, THE WINDOWS, THE DOORS AND THE YARD, ALL OF THOSE HAVE BEEN TAKEN CARE OF.

>> MAY I SAY SOMETHING? >> YES. >> JUST FOR THE RECORD, THE PHOTO I PRESENTED, THOSE ARE DATED FROM MONDAY THE 15TH. SO WE ARE REQUIRED TO GO PRIOR

TO THE HEARING TO DO INSPECTIONS. >> DID YOU LOOK AT THE PICTURES?

>> WHEN DID YOU GET THOSE PICTURES? >> MONDAY THE 15TH.

[00:50:02]

>> WHICH PICTURE? >> SHE IS TRYING TO GET THERE. >> YOU CAN SEE IN THE BOTTOM RIGHT HAND CORNER THEY ARE DATE AND TIMESTAMPED. THESE ARE PROGRESSION PHOTOS

FROM JANUARY UP UNTIL YESTERDAY -- OR TWO DAYS AGO. >> DO YOU UNDERSTAND THAT?

>> YES. BUT THE CAR -- THIS CAR IS THE ONE OF THE TENANTS WHO PARK THERE. AFTER THAT, THOSE CHAIRS, I TOLD THEM EVERY DAY WHEN THEY ARE NOT SIT UNDER THE TREES 24E -- THEY TOOK THE CHAIRS OUT AND I TOLD THEM DON'T LEAVE ANYTHING, BUT IT IS JUST FOR THEM TO SIT. PEOPLE LIVE THERE AND THEY WANT TO SIT OUTSIDE.

BY THE TIME THEY TOOK THOSE PICTURES. IF YOU SEE THE OLD PICTURE YOU

MIGHT SEE DIFFERENT THING. >> I DON'T KNOW IF MR. SAUCEDO WANTS TO ANSWER THAT.

CAN SOMEBODY EXPLAIN TO HIM HOW TO MAKE THAT INTO AN ACCEPTABLE PARKING LOW -- LOCATION.

>> THIS DOES HAVE A DESIGNATED PARKING SPOT TOWARD THE FRONT OF THE BUILDING WHICH IS FAIRLY BIG. I DON'T THINK I HAVE A PHOTO OF THAT.

IT IS A GOOD THREE OR FOUR VEHICLES THAT CAN FIT IN THE DESIGNATED PARKING SPOT.

IT IS PAVED AND READY FOR PEOPLE TO -- IT IS READY TO BE UTILIZED THEY ARE JUST PARKING ON THE

GRASS. >> THEY ARE CHOOSING NOT TO PARK IN THE DESIGNATED SPOT.

THEY ARE PARKING IN A CLOSER AREA? >> THIS ONE IF YOU ZOOM IN, THIS IS ALL CONCRETE BACK HERE AND THAT'S THE DESIGNATED PARKING SPOT FOR THEIR UNIT.

>> IF HE WANTED TO CREATE ADDITIONAL PARKING AREAS WHAT WOULD HE NEED TO DO TO MAKE THEM

ACCEPTABLE? >> HE WOULD HAVE TO MAKE A DESIGNATED PARKING SPOT.

IT COULD BE PAEUFRS AND -- PAEUFRS AND ROCKS -- PAVERS AND ROCKS.

THE SIDES -- THE TIRES CAN'T TOUCH THE GRASS. >> THANK YOU.

>> ANYTHING FURTHER? >> NOT FROM ME. >> ANYTHING FURTHER?

>> NO. >> ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 313DECORDR E COURT AND MR. DANTIL US IS THE PERSON RESPONSIBLE FOR THE VIOLATION. I WILL GIVE YOU 10 DAYS TO COMPLY OR YOU WILL BE FINED $150 PER DAY. YOU HAVE 30 DAYS TO APPEAL MY

DECISION. DO YOU HAVE ANY QUESTIONS? >> NO.

I UNDERSTAND. >> THANK YOU. >> THANK YOU.

>> THANK YOU, MA'AM. >> NEXT CASE. >> OUR NEXT CASE IS 23-908, 1301 ZEPHYR AVENUE WITH NORMA SUMMERL LLIN AND I CAN DO IT ALL TREE SERVICE.

>> SPECIAL MAGISTRATE, JUST BYWAY OF INTEREST DUCKS ON -- INTRODUCTION ON THIS ONE, THE CITATION IS ON THE COMPANY THAT DID THE TREE CUTTING, NOT ON THE PROPERTY OWNER THEMSELVES.

HOWEVER, BOTH WERE NOTICED FOR TODAY, BOTH THE OWNER AND THE TREE COMPANY.

BUT THE VIOLATION IS FOR THE TREE COMPANY. >> AND MS. KIRKLAND, YOU CAN GO

AHEAD WHEN YOU ARE READY. >> CASE NUMBER 23-908, WHICH OCCURRED ON THE 1301 ZEPHYR AVENUE TO A NORMA SUMMER -- SUMMERLIN, MARCH 28, 2023. THE OWNER OF THE PROPERTY IS NORMA SUMMERLIN, BUT THE VIOLATOR IS JOHN OWENS EYE -- I CAN DO IT ALL TREE SERVICES.

VIOLATION 123-64 SUBSECTION 8, 123-1 TREE REMOVAL. DUE TO THE YOU ARE RERERSABLE -- IRREVERSIBLE MATTER OF THE CASE, IT HAS BEEN SCHEDULED FOR A SPECIAL MAGISTRATE HEARING.

THE RECOMMENDATION FOR THE CITY OF FORT PIERCE IS TO HAVE THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS AND THE VIOLATORS WILL BE FINED AS FOLLOWS, ONE PINE TREE, IN THE

[00:55:01]

ONE ROYAL TREE, 18DBH, TOTAL AMOUNT OF $4,500. THE MAXIMUM FINE BY STATE LAW IS $5,000 PER VIOLATION. STAFF IS RECOMMENDING THE PENALTY OF $5,000 BE ASSESSED AGAINST THE CONTRACTOR ONLY AND NOT ASSESSED AGAINST THE PROPERTY OR PROPERTY OWNERS.

WE DO HAVE PHOTOS. >> THE ISN'T -- ISN'T THAT THE TREE ON THE HIGHWAY MAINTAINERS?

>> YES, IT IS. IT IS A FLOWERING TREE. >> MR. BRE -- BERTRAN, WERE YOU

SWORN IN? >> YES. >> CAN YOU EXPLAIN WHAT THESE PHOTOGRAPHS ARE. I WILL MOVE THESE AS COMPOSITE EXHIBIT 11TH.

>> THANK YOU. -- EXHIBIT 1. >> EXPLAIN? THEY REMOVED A COUPLE OF PINE TREES IN THE FRONT OF THE PROPERTY AND THERE IS A TREE IN FRONT OF THE HOUSE THAT THEY CUT BACK PRETTY MUCH TO STUMPS, STUP. STUBS.

>> AND THE COMPANY THAT DID THIS , WERE WE PROVIDED THE BILL, THE RECEIPT THAT THE OWNING -- THE OWNERS PAID THE COMPANY? I BELIEVE THAT IS IN MS. KIRKLAND'S FILE.

IS THAT IN THE PHOTOGRAPHS THAT WERE ADMITTED? I APOLOGIZE.

I SHOULD KNOW THAT ANSWER. >> IF I CAN JUST DOUBLE CHECK. >> YES, MA'AM.

IT IS THE FINAL PHOTOGRAPH IN THE PHOTOS SUBMITTED. AND SO IT IS ON THE SCREEN, MS. KIRKLAND. THAT'S WHAT WE RECEIVED FROM THE OWNER OF THE COMPANY.

THAT'S WHAT THEY WERE PAID FOR THE WORK TO BE DONE ON THE TREES.

AND IF YOU LOOK AT THE BOTTOM IT LOOKS LIKE THEY PAID $4,750 FOR THE WORK.

>> DID EITHER OF YOU HAVE ANY CONTACT WITH JOHN OWENS OR ANYONE FROM THAT COMPANY, FROM

THE I DO IT ALL? >> I DO IT ALL TREE SERVICE. >> YEAH.

>> THAT'S THE NAME OF THE COMPANY. >> IF I MAY POINT OUT, TYPICALLY, THE PEOPLE THAT DO THESE TYPE OF JOBS THAT DON'T REQUIRE A PERMIT, MOST OF THE TREE COMPANIES WE HAVE IN TOWN AND IN THE OUTER LIMITS AND STUFF, THEY ARE AWARE OF THE PERMITTING PROCESS. I DO BELIEVE THIS IS ONE OF THE GENTLEMEN.

I CAN'T TELL, BUT THAT WAS A FEW OF THE AREA THAT'S WE HAD PREVIOUS VIOLATION THAT'S WE COULDN'T GET IN TOUCH OR WE NEVER COULD CATCH THE TREE COMPANY THAT WAS DOING IT.

THAT TYPICALLY MAKES THE BIGGEST IMPACT IS THE VIOLATIONS AGAINST THE COMPANY THAT ARE OUT THERE DOING THE WORK BECAUSE AFTER LOOKING AT THE JOB I DON'T BELIEVE THAT THE TREE WOULD HAVE MET THE CRITERIA FOR A PERMIT, SO -- A TREE REMOVAL PERMIT. SO THAT TELLS ME THEY WERE GOING

AHEAD AND CUTTING THEM DOWN AND BASICALLY LEAVING THE SCENE. >> AND MR. BERTRAN, THE TWO PINE TREES EACH THE LIMIT IS $5,000 PER STATE STATUTE. THE ROYAL -- I WAS GONNA SAY IT WRONG. THE TOTAL FROM THE EQUATION IS $4500.

IF WE CAN MOVE THE PICTURE INSIDE. ARE YOU REQUESTING BASICALLY

$10,000 -- I'M SORRY, 14,500? >> NO, MA'AM, IF YOU READ AT THE BOTTOM OF THE MEMO, THE MAXIMUM FINE PER THE STATE OF FLORIDA FOR PRIVATE PROPERTY IS $5,000 PER VIOLATION.

IF THEY CUT DOWN 10 MORE TREES, THE MAXIMUM THE CITY COULD FINE THAT PARTICULAR CONTRACTOR OR

PROPERTY IS $5,000 BY STATE LAW. >> NOTHING FURTHER. >> OKAY.

[01:00:04]

I DON'T KNOW IF WE GIVE HIM TIME TO PAY? >> YEAH.

HE WILL GET THE PENALTY OF WHAT HE ALSO -- OF WHAT HE HAS TO PAY AND WE WILL MAKE SURE THAT IF THE CLERK WILL SEND IT BEFORE YOU SIGN THE ORDER I WILL LOOK AT IT TO MAKE SURE SINCE IT IS NOT THE OWNER MAKE SURE WE ARE USING THE RIGHT LANGUAGE ON THAT TO MAKE SURE WE DO IT ON HIM AND

NOT ON THE OWNER. >> WE WILL GIVE HIM A CERTAIN AMOUNT OF TIME TO PAY IN?

>> YES, MA'AM. HOW MUCH TIME? >> WE WILL GIVE HIM THE

OPPORTUNITY TO DISCUSS THE PAYMENT PLAN WITHIN 30 DAYS. >> OKAY.

>> WITHIN 30 DAYS. ALWAYS A PLEASURE TO SEE YOU. >> YES, MA'AM.

THANK YOU VERY MUCH. >> I'M SORRY. I HAVE A QUESTION.

IF WE DO NOT RECEIVE A RESPONSE, CAN WE SET A TIME FRAME? >> WHY DON'T WE SEND HIM A CERTIFIED LETTER, CERTIFIED MAIL. CAN WE DO THAT?

>> YEAH. WOULD YOU LIKE US TO SEND A CERTIFIED LETTER TELLING HIM HE

HAS 30 DAYS TO SET UP A PAYMENT PLAN? >> CERTIFIED MAIL OF THE ORDER

THAT I WILL SIGN. >> WE WILL DO THAT. BUT I DO NEED A TIME FRAME ON MY ORDER. SIX MONTHS TO PAY OR 30 DAYS TO PAY?

>> 30 DAYS TO PAY OR MAKE A PAYMENT PLAN ARRANGEMENT. >> GOT IT.

THANK YOU. >> THANK YOU. NEXT CASE.

>> OUR NEXT CASE IS 23-39, 406, DECORDRE COURT, PREMIERE STONE PROPERTIES LLC.

>> GOOD MORNING. >> GOOD MORNING. WHEN YOU ARE READY MR. SAUCEDO.

>> THIS IS CASE NUMBER 23-39, 406, DECORDRE COURT. OWNER IS PREMIERE STONE PROPERTIES LLC. THE CASE WAS INITIATED ON JANUARY 11TH OF THIS YEAR.

OWNER AS I MENTIONED SECONDS AGO, PREMIERE STONE PROPERTIES HERE IN FORT PIERCE.

THE VIOLATION IS 30-28 SUBSECTION 2, RESPONSIBILITY FOR CONTAINERS.

SECTION 24-19, 20, 21, SUBSECTION 5, OUTSIDE STORAGE. IPMC403.2 PROTECTIVE TREATMENT IN SECTION 123-37 SUBSECTION 12 FOR LANDSCAPING. CORRECTIVE ACTIONS WERE TO REMOVE ALL TRASH RECYCLING CONTAINERS TO THE SIDE OF THE REAR OF THE STRUCTURE AND REMOVE ALL TIRES, BUCKETS AND ANY OTHER OUTSIDE STORAGE ITEMS THROUGHOUT THE PROPERTY.

PRESSURE WASH AND PAINT WHERE MOLD AND DETERIORATING HAS OCCURRED AND REMOVE SHRUBS AND TRASH. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS BE GIVEN $10 OR A FINE OF $150 A DAY BE ASSESSED. I DO HAVE PHOTOS HERE WHICH THEY

HAVE NOT SEEN. >> AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT 1

[01:05:34]

THE PHOTOGRAPHS. >> IT WILL BE ADMITTED AS SUCH. THANK YOU.

>> AND AGAIN ON THESE MR. SAUCEDO ARE THEY DATE AND TIME TIMESTAMPED ON THE BOTTOM.

>> YES. >> AND WERE YOU ALL SWORN? DID YOU TAKE THE OATH, THE BOTH OF YOU? ALL RIGHT, STATE YOUR NAME FOR THE RECORD.

>> ETHAN CASTOR. >> AND YOU SAW THE PHOTOGRAPHS? >> YES.

>> ALL RIGHT. HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> YES, I UNDERSTAND THAT, BUT WHEN I SEE THE LETTER I DID GO TO THE TENANT TO REMOVE THE STAIN. I WENT BACK AND REMOVE IT. THERE WERE LIKE -- THEY REMOVE SOME OF THE -- IT IS LIKE KIDS TOYS AND THE SHED. WHEN I GO BACK THERE TO CHECK IT, I DIDN'T HAVE -- SHE HAS KIDS SO WHY WOULD THEY JUST PLAY AND LET THEM OUT.

I LIVE -- I DON'T LIVE CLOSE BY AND I CAN'T GO EVERY DAY AND CHECK ON THEM, BUT FOR THE TREES I KNOW SOME OF THEM ARE LIKE MOSTLY PLANTS. THEY ARE JUST FLOWERS AND PLANTS. I DON'T KNOW IF THAT IS A PROBLEM.

AND THEN FOR THE HOUSE, WE ARE WORKING ON IT BECAUSE WE DO -- WE JUST RE-DO THE ROOF.

SO WE ARE GOING TO WORK ON THE OUTSIDE TO PAINT IT. I JUST NEED MORE TIME TO DO

THAT. >> JUST SO YOU KNOW, KIDS' TOYS ARE FINE.

IT IS NOT SO MUCH THE KIDS' TOYS. HOWEVER, THE LANDSCAPE MAINTENANCE, THE PROTECTIVE TREATMENT, VERY MINIMAL OUTSIDE STORAGE AND THE RESPONSIBILITY

OF CONTAINERS IS STILL ACTIVE. >> THE CONTAINERS STILL IT IS JUST THE PLANTS.

>> YEAH. THOSE WERE JUST KIND OF RANDOM PHOTOS.

THAT SPECIFIC CONTAINER THAT WE JUST SAW ON THE SCREEN, IT IS KIND OF SOMEWHERE BEHIND THIS AREA THAT IS OVERGROWN. I JUST LIKE TO TAKE PHOTOS OF THE PROPERTY.

>> FOR THE OUTSIDE WE -- WE ARE GOING TO WORK ON THAT. WE JUST FINISHED WITH A ROOF.

WE ARE GOING TO PAINTED -- TO PAINT IT. >> AND YOU KNOW WHAT, MS. CASTOR, IF YOU HAVE QUESTIONS ON WHAT YOU CAN HAVE OUT AND WHAT YOU CAN'T, ALL YOU

HAVE TO DO IS CALL MR. SAUCEDO AND HE WILL EXPLAIN IT TO YOU. >> OKAY.

>> ARE YOU LOOKING AT THE PICTURE ON THE SCREEN NOW? THERE ARE SOME CONTAINERS THERE.

THAT CAN EASILY BE -- >> I WENT THERE AND TOLD THEM THEY HAVE TO KEEP IT IN THE BACK. THEY PUT IT OUT FOR TRASH AND THEY JUST PUT IT BACK.

I WILL GO AHEAD AND TALK TO THEM. >> AGAIN, IF YOU HAVE QUESTIONS, IF YOU JUST CALL MR. SAUCEDO, HE WILL EXPLAIN TO YOU WHAT IS PERMISSIBLE AND WHAT IS NOT.

THERE ARE SOME THINGS THERE IN THE LAST PICTURE THAT PROBABLY NEED TO BE REMOVED.

GET WITH HYMN -- GET WITH HIM. >> ANYTHING FURTHER? >> NOT FROM ME.

>> ANYTHING FURTHER? >> NO. I JUST NEED -- IF I CAN GET LIKE 60-DAYS TO -- NOT FOR THE CONTAINER, BUT TO REPAINT THE HOUSE BECAUSE WE JUST FINISHED

WORKING ON THE ROOF. >> OKAY. SO YOU HAD THE ROOF REPAIRED?

>> REPLACED COMPLETELY. WE JUST REPLACED, YES, THE ROOF. >> AND THE PROTECTIVE TREATMENT

IS THE PAINTING? >> CORRECT. >> YOU NEED 60-DAYS TO PAINT IT?

[01:10:07]

>> 60-DAYS. BECAUSE WE STILL HAVE WORK IN THE INSIDE AND WE ARE STILL

WORKING ON IT. >> MR. SAUCEDO? >> I DON'T MIND PROVIDING -- IF YOU AGREE WITH, PROVIDING MORE TIME. HOWEVER, I DO BELIEVE THAT 60-DAYS IS EXCESSIVE BECAUSE THE CASE HAS BEEN OPEN SINCE JANUARY.

WE ARE ALMOST IN JUNE. I -- IN ALL THIS TIME PERIOD I NEVER HEARD ANYTHING FROM

ANYONE. >> 30 DAYS? >> I'M FINE WITH 30 DAYS.

>> 30 DAYS. AS YOU POINTED OUT IT HAS BEEN OPEN SINCE JANUARY 11TH.

>> OKAY. >> ANYTHING FURTHER FROM EITHER PARTY?

>> NOT FROM ME. >> NO. >> OKAY.

AND AGAIN, IF YOU HAVE QUESTIONS OF -- OR CONCERNS OR YOU RUN INTO ANY PROBLEMS, JUST CONTACT MR. SAUCEDO. HE WILL WORK WITH YOU. THE CITY WILL WORK WITH YOU.

>> OKAY. >> ALL RIGHT. >> THANK YOU.

>> BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED -- HOLD ON. I FIND THAT A VIOLATION EXISTS AT 460, DECORDRE COURT AND PREMIERE STONE PROPERTIES IS THE PARTY RESPONSIBLE FOR THE AGENT.

NATASHA CASPER, THE AGENT, IS HERE THIS MORNING. I WILL GIVE YOU 30 DAYS TO COMPLY. AND IF NOT, YOU WILL BE FINED $150 PER DAY.

YOU HAVE 30 DAYS TO APPEAL. YOU ALL HAVE SAT HERE MOST OF THE MORNING.

SO TRY AND GET IT DONE WITHIN 30 DAYS. >> THANK YOU.

>> THANK YOU. GOOD LUCK. >> THANK YOU.

>> I'M GONNA DO A QUICK ROLL CALL BECAUSE I DO SEE A LITTLE MORE PEOPLE IN THE AUDIENCE THAN WHAT I HAVE HERE. MR. CASILLA? OCEAN CREEK? FORT PIERCE COMMERCIAL? WHAT IS YOUR ADDRESS, SIR THAT YOU ARE HERE FOR?

>> YOU CAN COME UP. THE NEXT CASE IS 23-01, 110 NORTH 11TH STREET, PIERRE SC

AMILLE. >> YES. GOOD MORNING, YOUR HONOR.

>> GOOD MORNING. >> WERE YOU SWORN IN THIS MORNING? COULD YOU PUT YOUR HAND UP AND -- DID YOU PUT YOUR HAND UP AND SWEAR IN THIS MORNING?

>> YES. >> THANK YOU. >> WHEN YOU ARE READY,

MR. SAUCEDO. >> CASE 23-01, 110 NORTH 11TH STREET.

THE OWNER IS PIERRE S CAMILLE. THE CASE TPHEURB NATEED ON -- INITIATED ON JANUARY 29TH, 2023. 24-19, 20, 21, SUBSECTION 1-5 FOR OUTSIDE STORAGE.

24-19, 20, 21, SUBSECTION 11. OUTSIDE STORAGE AND FURNITURE. 24-19, 20, 21, SUBSECTION 10 AND SUBSECTION D. NON-OPERABLE VEHICLES. CORRECTIVE ACTION WAS TO REMOVE ALL STORAGE BINS, AND BUCKETS AND TARPS AND ALL OTHER ITEMS. OUTSIDE STORAGE ITEMS ON THE PROPERTY. REMOVE ALL WOODEN FURNITURE LOCATED THROUGHOUT THE YARD AND REMOVE UNOPERABLE VEHICLES LOCATED ON THE YARD. THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS BE GIVEN $10 TO COMPLY.

AS OF MONDAY, A NON-OPERABLE VEHICLE VIOLATION IS IN COMPLIANCE.

MR. CAMILLE HAS SEEN THE PHOTOS THIS MORNING SO HE IS AWARE OF THEM.

>> OKAY. >> AND AGAIN, ARE THEY DATE AND TIMESTAMPED?

>> THEY ARE. >> WE WILL MOVE THEM AS CITY'S COMPOSITE EXHIBIT 1.

>> IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER? >> NOT RIGHT NOW.

ACTUALLY. YES. I TAKE THAT BACK.

I'M SORRY. I DID SPEAK TO MR. CAMILLE THIS MORNING.

HE DID AGREE THAT THERE IS STILL SOME OUTSIDE STORAGE PENDING. HE DOES HAVE -- HE HAS DONE A LOT OF WORK, BUT THERE IS STILL SOME ITEM THAT'S NEED TO BE TAKEN CARE OF.

I DID AGREE TO MEET WITH HIM SOMETIME THIS WEEK IN ORDER TO KIND OF PIN POINT THE REMAINING

ITEM THAT'S NEED TO BE REMOVED. SO HE IS AWARE OF THE SITUATION. >> MR. CAMILLE, YOU HAVE SEEN

[01:15:08]

THE PHOTOGRAPHS. >> YES. I HAVE SEEN THEM.

I SEE THEM, BUT I DON'T KNOW IF THEY -- IF I SHOULD GO TO REMOVE THE CARPET.

THERE IS SOME ITEM I DON'T KNOW IF I SHOULD REMOVE THEM. NOW I KNOW I AM GOING TO REMOVE

THE REST OF THE ITEM. >> AS MENTIONED, PRIOR TO THE HEARING THE CARPET IS CONSIDERED OUTSIDE STORAGE. I UNDERSTAND THE PURPOSE OF USING THE CARPET BECAUSE YOU DON'T HAVE ANY GRASS OR ANYTHING LIKE THAT. BUT IT IS A VIOLATION.

>> OKAY. I DON'T KNOW THAT. >> CAN YOU USE OUTSIDE CARPETS PURCHASED FROM ONE OF THE MAJOR I WOULD SAY HOME STORES? I WON'T CALL OUT ANY NAMES, OR THE FAKE GRASS OR WHATEVER? I DON'T KNOW IF HE CAN. I'M JUST ASKING.

>> I MEAN -- OH, MAN. >> THAT'S SOMETHING WE CAN THINK ABOUT.

>> I WOULDN'T HAVE A PROBLEM WITH FAKE GRASS. THE OUTSIDE CARPET -- I'M SORRY.

>> I MEAN, I GUESS IF IT IS PROPERLY INSTALLED. >> OR ROCKS?

YOU KNOW SOME PEOPLE USE STONES. >> IF IT WAS PROPERLY INSTALLED, I DON'T THINK IT WOULD BE AN ISSUE, BUT WHEN IT COMES TO JUST PIECES OF RANDOM CARPETS, ALL SHAPES AND SIZES AND COLORS LAID OUT, THEN THAT DOES BECOME AN ISSUE AND IT IS OUTSIDE STORAGE. IF HE BOUGHT REGULAR OUTDOOR

GREEN CARPET, I GUESS THAT'S FINE. >> YOU KNOW, THE ONE THAT LOOKS LIKE FAKE GRASS. I WOULDN'T HAVE A PROBLEM WITH THAT.

WE WOULDN'T HAVE A PROBLEM. >> THERE ARE SOME THINGS YOU CAN DO.

>> OKAY. >> IF YOU CHOOSE TO DO THEM. >> IT IS GREEN ALL SUMMER.

>> ANYTHING FURTHER? >> NO, MA'AM. >> ANYTHING FURTHER FROM YOU MR?

>> NO. >> ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 110 NORTH 11TH STREET AND MR. CAMILLE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL DO A REVIEW AND DETERMINATION THAT THE VIOLATION DOES NOT EXIST WITH REGARDS TO THE NONOPERATIVE VEHICLE.

BUT THE REMAINING VIOLATIONS, NUISANCE OUTSIDE STORAGE AND OUTSIDE STORAGE AND INDOOR FURNITURE STILL RE -- STILL REMAIN. AND WITH THAT YOU WILL BE

GIVEN -- CAN YOU COMPLY WITH THIS IN 10 DAYS? >> YES, PLEASE.

>> I WILL GIVE YOU 10 DAYS TO COMPLY OR A FINE OF $150 PER DAY WILL BE ASSESSED.

>> THANK YOU. >> THANK YOU. YOU HAVE 30 DAYS TO APPEAL.

>> THANK YOU. >> THANK YOU. >> THANKS.

>> NEXT CASE. >> OUR NEXT CASE IS 23, SOUTH 13TH STREET, STEVEN M CASTILLA. 23-165. 130 SOUTH 13TH STREET.

>> ALL RIGHT. WHEN YOU ARE READY. >> YOUR HONOR, CASE NUMBER 23- 165 OCCURRED AT 130 SOUTH 13TH STREET TO MR. STEVEN CASTILLA.

CASE INITIATED JANUARY 18TH, 2023. VIOLATIONS, PROTECTIVE TREATMENT, IPMC, 304.5, IPMC 304.6, EXTERIOR WALLS. THE LAST REMAINING CITATION HE DID COMPLY. CORRECTIVE ACTIONS WAS TO PLEASE PRESSURE WASH AND PAINT EXTERIOR WAIL -- WALLS OF THE HOUSE. REPAIR THE SOCKET OF THE HOUSE. CONTACT THEM AT THE FOLLOWING NUMBER. PLEASE REPAIR THE TRIM OF THE HOUSE AND GUT AND TRIM ALL EDGE.

THE CITY REQUEST THE VIOLATION EXIST AND BE GIVEN 10 DAYS TO COMPLY.

THIS CASE WAS CONTINUED FROM A PREVIOUS HEARING AND PER OUR MANAGER, SHE SAID HE OBTAINED --

[01:20:14]

>> OKAY. SO THIS IS THE CASE WHERE YOU AND MR. REYES MET AND YOU ARE GOING THROUGH THE DEMOLITION PROCES MAGISTRATE, THERE WOULDN'T BE ANY SORT OF FINE OR FINDING OF VIOLATION TODAY. MY UNDERSTANDING OF WHAT SHE WISHES TO DO IS PUT THIS ON A CITY COMMISSION AGENDA FOR A DEMOLITION AUTHORIZATION, AND I THINK SHE EXPLAINED TO YOU YOU

WOULD GET THE NOTIFICATIONS OF THOSE. >> YES.

>> SO TODAY WE JUST WANTED TO UPDATE YOU AND LET YOU KNOW THAT YOU DON'T NEED TO MAKE A FINDING OF VIOLATION AT THIS POINT, AND YOU WILL GET THOSE NOTICES FOR THOSE HEARINGS, AND I HAVE A

FEELING YOU ARE IN CONTACT WITH HER. >> YES.

I AM AWARE OF -- EACH ONE OF THESE WILL COME THROUGH. I WORKED WITH HER AND WE SAT

DOWN TOGETHER LAST WEEK OR WHATEVER, TWO WEEKS AGO. >> OKAY.

>> AS FAR AS I KNOW WE ARE IN COMPLETE COMMUNICATION AND AGREEMENT TO COMPLY AT THE END

OF THIS. >> YES, SIR. SO WHAT WE WILL ASK TO DO IS JUST STRIKE THIS FROM YOUR HEARINGS CURRENTLY IF THAT FALLS APART AND SOMETHING HAPPENS AND WE NEED TO BRING IT BACK BEFORE YOU, WE WILL. BUT WE WILL JUST LEAVE THIS VIOLATION KIND OF SITTING FOR NOW AND NOT MAKE ANY FINAL ACTION ON IT.

>> PER THE REQUEST OF THE CITY ATTORNEY ON BEHALF OF THE CITY OF FORT PIERCE WE WILL STRIKE IT FROM THE DOCKET AND ALLOW YOU TO COME TO AN AGREEMENT. IF YOU CAN'T THEN IT WILL COME

BACK. GOOD LUCK. >> I APPRECIATE YOU.

>> THANK YOU. >> ALL RIGHT. OUR NEXT CASE IS ACTUALLY GONNA

[7. PUBLIC HEARINGS - LIEN REDUCTION REQUESTS]

A TOTAL OF THREE. >> GOOD MORNING. YOU ALL HAVE BEEN VERY PATIENT.

THANK YOU. >> GOOD MORNING, SPECIAL MAGISTRATE.

>> GOOD MORNING. >> I WILL BE BRINGING THIS IN. ON BEHALF OF OUR DIRECTOR, PEGGY. SO THIS IS IN A LIEN REDUCTION IN REFERENCE TO 701 NORTH 19TH STREET OWNED BY OCEAN CREEK DEVELOPMENTS, LLC. THE VIOLATOR WAS OCEAN CREEK DEVELOPMENT, LLC AT 1445 -- I'M SORRY, FOR THE RECORD -- [INAUDIBLE].

MULTIPLE VIOLATIONS, LIEN AND A DEMOLITION LEAN. -- LIEN TYPE, WE WILL START WITH THE FIRST ONE, LOT CLEARING. THE AMOUNT DUE IS $2,281.98. THE ADMINISTRATION FEE AS YOU CAN SEE, I WILL GO WITH THE STAFF RECOMMENDATION AT $650. INTEREST WAS $1,272.59.

THE PENALTIES ARE $253.48. THE HEARING FEE IS $250 AND THE TOTAL DUE IS $4,708.

THOSE WERE REDUCED AND THIS IS THE STAFF RECOMMENDATION. THE ORIGINAL AMOUNT ARE ON THE

FIRST COLUMN. >> SPECIAL MAGISTRATE, WOULD YOU LIKE TO HANDLE THESE EACH

INDIVIDUALLY OR GO OUT AND HANDLE ALL THREE LIENS TOGETHER? >> ONE AT A TIME OR ALTOGETHER?

>> IT IS UP TO YOU. >> LET'S DO ONE AT A TIME. >> SO WE WILL GO WITH THE FIRST ONE. SO BASICALLY THE AMOUNT DUE IS ORIGINALLY $6,884.11.

CITY STAFF RECOMMENDATION IS ACTUALLY $4,708.05. >> ALL RIGHT.

YOUR NAMES? >> LEE [INAUDIBLE]. >> SUSAN RYAN.

>> BRYANT? >> RYAN, R-Y-A-N. >> YOUR LAST NAME, SIR?

>> EGAN, E-G-A-N. >> YOU HEARD THE RECOMMENDATION FOR THE LOT CLEARING REDUCED FROM 6,884.11 TO $4,708.05 IS THE RECOMMENDATION. HOW DO YOU RESPOND TO THAT?

>> SO, WE ACTUALLY PARKED -- WE ARE NOT THE VIOLATORS, BUT WE ARE -- WE PURCHASED THE LAND IN

[01:25:07]

IT IS PRESS TEEN AND -- PRISTINE AND CLEAN. ADDITIONALLY SOMEBODY PURCHASED THE LOT ADJACENT TO US AND STARTED CLEARING IT. WE NOTICED AND OUR LANDSCAPER SHOWED US HE PUT STUFF ON OUR SIDE. WE PAID ANOTHER $300 LAST WEEK TO HAVE THAT CLEARED OFF BECAUSE WE ARE MAINTAINING IT THE WAY IT IS SUPPOSED TO BE MAINTAINED.

>> SPECIAL MAGISTRATE, I CAN GO OVER THE NEW RULES BECAUSE WE CHANGED HOW THESE REDUCTIONS ARE DONE RELATIVELY RECENTLY, PER THE SPECIAL MAGISTRATE RULES OF PROCEDURE, THE FAST TRACK OFFER THAT THE CITY IS ALLOWED TO MAKE WITHOUT IT COMING TO THE SPECIAL MAGISTRATE OR THE AMOUNTS REFLECTED THAT WERE READ IN WHEREBY STAFF IS ALLOWED TO HAVE THE SOFT COSTS SO MY UNDERSTANDING IS THAT WAS RELAYED AND REJECTED. STAFF'S RECOMMENDATION AND REQUEST IS STILL FOR THAT AMOUNT WHICH IS THE $4,708.05. WHAT YOU ARE PERMITTED TO DO, SPECIAL MAGISTRATE, PURSUANT TO RULE 15D, SUBSECTION 2 FOR NUISANCE ABATEMENT LIENS, YOU MAY REDUCE IT IN AN AMOUNT THAT IS NO LESS TO COVER THE FOLLOWING CONDITIONS: IT MUST INCLUDE ALL HARD COSTS FOR SERVICE. IT MUST INCLUDE THE $250 APPLICATION FEE. THE INTEREST AND PENALTIES MAY BE WAIVED IN FULL IF YOU DETERMINE THAT TO BE IN THE BEST INTEREST OF THE CITY AND ANY ADMINISTRATIVE FEES MUST INCLUDE ANY HARD COSTS FOR ADMINISTRATION TO INCLUDE RECORDING FEES.

MY UNDERSTANDING IS THAT THE 650 ADMINISTRATIVE FEE WOULD HAVE BEEN HAD HARD COST OF THE ADD -- ADMINISTRATIVE FEES AND THAT'S HOW IT SHOULD HAVE BEEN CALCULATED, AM I CORRECT?

>> THE 650 IS CLEARLY -- IT IS JUST HALF, THE 50% OFF. >> DO WE HAVE A BREAK DOWN OF WHAT IS THE RECORDING FEES AND THE STAFF PERSONNEL AND THAT KIND OF THING?

>> NOT AT THIS TIME. >> SO THOSE ARE THE PARAMETERS BY WHICH YOU CAN REDUCE THOSE.

CANDIDLY, THE ADMINISTRATIVE FEES ARE DIFFICULT IF WE DON'T HAVE THE HARD VERSUS SOFT BREAK DOWN OF THOSE. BUT YOU COULD NOT REDUCE THE INCUR -- THE CITY INCURRED FEES.

THE 2298 WOULD HAVE TO BE ORDERED IN FULL. THE SPECIAL MAGISTRATE HEARING FEE THE $250 HAS TO BE ORDERED IN FULL. IT IS THE THE ADMIN FEES AND PENALTIES YOU HAVE ROOM TO ADJUST. AGAIN.

I APOLOGIZE, FOR THE ADMINISTRATIVE FEES -- FOR THE INTEREST AND PENALTIES, THE QUALIFICATION IS IT MUST BE IN THE BEST INTEREST OF THE CITY FOR YOU TO WAIVE THOSE.

>> SO I CAN'T REDUCE THE CITY-INCURRED FEES AND THE ADMIN FEES.

THOSE ARE HARD COSTS? >> THE ADMIN FEES SHOULD HAVE A HARD AND SOFT COST BREAK DOWN.

THE RECORDING FEE IS I THINK $10 FOR EACH PIECE OF PAPER THAT IS RECORDED.

I REMEMBER FROM THE LAST ONE, I THINK IT WAS ABOUT $50 OR $60 IN RECORDING FEES, BUT CANDIDLY, WE DID NOT -- THIS WAS NOT BROKEN DOWN TO BY THOSE FOR THIS. I DON'T KNOW IF THEY HAVE THAT ACCESSIBLE CURRENTLY. SO I THINK IN -- I THINK IN FAIRNESS, HOW MANY -- LET ME ASK

HOW MANY PAPERS ARE FILED, IF YOU KNOW FOR THE LIENS? >> IT IS A THICK FILE.

I WOULD NEED QUITE A FEW MINUTES TO GO THROUGH IT. >> LET ME ASK YOU THIS AND I

[01:30:05]

>> WOULD YOU LIKE TO CONTINUE THIS OR DO YOU WANT TO JUST MOVE FORWARD TODAY?

>> WE WOULD LIKE TO MOVE FORWARD TODAY. >> DO YOU HAVE -- DO YOU MIND IF YOU HAVE A SEAT WHILE SHE LOOKS AT THAT AND WE CAN CALL SOME OTHER CASES?

IS THAT OKAY? >> SURE. >> OKAY.

THANK YOU. >> ALL RIGHT. I'M GONNA JUMP INTO OUR REGULAR

[D. 23-0185CE 800 Atlantic Avenue Humberto Cordero Reyes Charmaine Kirkland]

>> WHAT IS THE CASE NUMBER? >> IT IS 23-185 AND IT IS 4D. >> YEP.

>> OKAY. THANK YOU. >> WHEN YOU ARE READY.

>> YOUR HONOR, CASE NUMBER 23-185, WHICH OCCURRED AT THE 1800 BLOCK OF ATLANTIC AVENUE, HUMBERTO CORDERO REYES, JANUARY OF 2023. AND CITATION NUMBER 1928CE CODE SECTION 125-15 AND SUBSECTION 1, 2 AND 6, COMMERCIAL VEHICLES CANNOT BE PARKED IN A RESIDENTIAL AREA EXCEEDING ONE HOUR IN A 24-HOUR PERIOD. FINE OF $250 AND ADD MINUTE FEE OF $10 TOTAL DUE OF $260. THE CITY IS REQUESTING THAT THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS. THE VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. AND I DO HAVE PHOTOS AT THE TIME AND DAY OF THE VIOLATION. OFFICER RABENECKER ISSUED A WARNING CITATION PRIOR TO MY

CITATION. >> THANK YOU. >> AT THIS TIME WE WILL MOVE IN

AS COMPOSITE EXHIBIT 1 THE PHOTOGRAPHS. >> IT WILL BE ADMITTED AS SUCH.

>> AND THEY CONTINUE TO PARK IN THE AREA? >> YES, MA'AM.

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

>> MR. HUMBERTO CORDERO REYES IS NOT HERE AND NEITHER IS A REPRESENTATIVE ON HIS BEHALF.

BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND HE DID PARK HIS COMMERCIAL VEHICLE IN A RESIDENTIAL AREA EXCEEDING THE ONE-HOUR PERIOD IN A 24-HOUR TIME FRAME AND WAS GIVEN A WARNING TICKET AND STILL DID NOTHING TO CORRECT IT. SO I WILL IMPOSE A $250 FINE,

[01:35:06]

IF HE DOES NOT PAY THE CITATION WILL RESULT IN BE FORWARDED TO THE COURT SYSTEM AND 30 DAYS TO

APPEAL. >> THANK YOU. OUR NEXT CASE IS 23-541, NORTH

[E. 23-541PK 100 Block North Depot Drive Lorenzo Romano Charmaine Kirkland]

DEPOT DRIVE, LORENZO ROMANO. >> CASE 23-541 IS A PARKING CITATION ISSUED ON THE 100 BLOCK OF NORTH DEPOT DRIVE TO LORENZO ROMANO. CASE INITIATED FEBRUARY 28TH, 2023. CITATION NUMBER 18215, CODE SECTION 34-31A, IMPROPER PARKING. FINE OF $50. ADMIN FEE OF $10 AND LATE FEE OF $18 TOTAL DUE OF $78. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR 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 AND I HAVE PHOTOS TO DEPICT THE TIME OF DAY OF THE VIOLATION.

>> THE CITY WILL MOVE THE PHOTOS IN AS COMPOSITE EXHIBIT 1. >> THEY WILL BE ADMITTED AS

SUCH. >> JUST WANT TO MAKE SURE MADAM CLERK, WHERE DID SHE GO? I REMEMBER A CONVERSATION ABOUT SOMEONE APPEARING BY PHONE. I JUST WANT TO MAKE SURE HE WAS

NOT THAT PERSON. >> NO.

>> THAT WAS NOT HIM STP. >> NO. >>

>> THAT WOULD BE -- >> I JUST WANT TO MAKE SURE. >> I THINK SHE IS JUST USING THE RESTROOM. IF WE CAN WAIT FOR HER TO GET BACK OUT.

I SAW A NEW YORK TAG ON THERE SO I WANT TO MAKE SURE. I THINK YOU HAVE THE WRONG

PHOTOS UP. >> MAY I SEE WHAT WE ADMITTED, PLEASE?

>> I WAS GONNA SAY, LORENZO ROMANO -- >> WHAT DID YOU READ IN?

>> THAT ONE, 541. >> SO THE PHOTOS YOU PUT IN ARE A VAN.

>> OH. >> SO WE WILL WITHDRAW THOSE PHOTOGRAPHS, SPECIAL MAGISTRATE.

>> THAT WILL BE GRANTED. >> WE WILL MOVE THESE IN AND THEY ARE SET AS CITY'S COMPOSITE

EXHIBIT 1. >> THIS IS ON DEPOT DRIVE TOO, RIGHT?

>> YES. >> MR. ROMANO IS NOT HERE AND NEITHER IS A REPRESENTATIVE ON HIS BEHALF. HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND A VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION.

HE WILL BE FINED $50 AND AN ADMIN FEE OF 10 AND LATE FEE OF 18 AND A TOTAL FEE OF $78, PAYABLE IN 14 DAYS. IT COULD RESULT IN A CASE BEING TURNED OVER TO THE COUNTY COURT

SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND COSTS. >> THANK YOU.

>> I HAVE ONE LAST ONE FOR CHARMAIN. IT IS A TELEPHONE ONE.

ISAAC, AM I OKAY TO -- >> WHICH ONE WAS THAT? >> IT WILL BE A TELEPHONE ONE.

[A. 23-1058PK 100 North Depot Drive Roland P. Lamothe Charmaine Kirkland]

[01:40:05]

GYRO LAND P LAMONTHE. ROLAND P LAMOTHE. >> HELLO?

>> GOOD MORNING. IS THIS ROLAND? >> YES, IT IS.

>> HI, THIS IS KATHERINE AND WE ARE CALLING YOU LIVE FROM THE SPECIAL MAGISTRATE CHAMBERS THIS

MORNING. >> OKAY. >> WE WILL LET THE CITY PRESENT THEIR CASE FIRST AND THEN YOU WILL HAVE A CHANCE TO SPEAK AFTER AND THE JUDGE MAKES THE

RULING OKAY? >> OKAY. THANK YOU.

>> OUR CASE IS 23-1058, 100 NORTH DEPOT DRIVE, ROLAND P LAMO THE.

>> CASE -- YOU KNOW THE CASE NUMBER. 23-1058 WHICH OCCURRED ON THE 100 BLOCK OF NORTH DEPOT DRIVE TO A ROLAND P LAMOTHE. APRIL 13, 2023.

THIS IS A CITATION APPEAL. CITATION NUMBER 18847, CODE SECTION 34-31A, IMPROPER PARKING AND A FINE OF $50 AND ADMIN FEE OF $10 WHICH IS A TOTAL DUE OF $60.

THE CITY REQUESTS IF THE SPECIAL IMAGINE -- MAGISTRATE FINDS A VIOLATION EXIST ITSELF IS TO BE PAID AND SUCH FINE BEING RECORDED TO THE COUNTY COURT SYSTEM.

AND I DO HAVE PHOTOS THAT DEPICT THE TIME AND DAY OF THE VIOLATION AS WELL AS THE APPEAL

FORM. >> AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT 1, PRAF -- PHOTOGRAPHS AND I WILL MARK ON HIS BEHALF THE CITATION APPEAL PAPERWORK AS RESPONDENT'S

EXHIBIT 1 AND MOVE THAT IN AS WELL. >> I CAN HEAR THE DOG BARKING.

>> I APOLOGIZE. I FORGOT TO SWEAR IN THE VIOLATE SORE I WILL SWEAR HIM IN AT THIS

TIME. >> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. GYRO LAND P -- ROLAND P, LAMOTHE.

DO YOU SWEAR THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. >> THANK YOU. >> MR. LAMOTHE, I AM FRAN ROSS, THE SPECIAL MAGISTRATE. HOW DO YOU RESPOND TO THE ALLEGATIONS?

>> I'M -- I'M SORRY. I MISUNDERSTOOD YOUR QUESTION, MA'AM?

>> HOW DO YOU RESPOND TO THE ALLEGATIONS? >> WELL, I HAVE BEEN -- I BELIEVE THAT I NEEDED A -- THAT I DESERVED A PARKING TICKET FOR THAT PARTICULAR SPOT.

I'M -- I WAS TRAVELING HOME FROM FLORIDA AND WE HAD BEEN LOOKING AT PROPERTY AND WE ALSO WENT TO YOUR DOWNTOWN TO HAVE BREAKFAST AT A CAFE THERE AND I COULDN'T REALLY FIND A BETTER PARKING SPOT. I FOUND THAT PARTICULAR PARKING SPOT ON THE END OF THE -- ON THAT STREET AND IT WAS THE LAST ONE WITH A LITTLE SPACE TO THE RIGHT SO I COULD NOT HAVE MY -- THE CARRIER ON THE BACK OF MY VAN OUT INTO THE STREET. I WAS ACTUALLY TRYING TO BE COURTEOUS IN MAKING SURE I DIDN'T BLOCK ANY OF THE STREET AND I TRIED TO MAKE SURE I I WAO PARKING SPOTS. I DO R-LSZ I -- I DO REALIZE I WAS OVER THE LINE ON THE DRIVER'S SIDE, BUT THERE IS NO PARKING SPOT PAST THAT AND I WANTED TO MAKE SURE PEOPLE COULD GET BY ON THE SIDE STREET AND PARK IN THE PARKING SPOT TO THE RIGHT OF ME.

BUT THERE WAS NONE THE LEFT. I THOUGHT GETTING OUT OF THE WAY WAS OKAY.

I WASN'T TRYING TO PARK FUNNY OR CAUSE ANYBODY ANY ISSUES. I WAS JUST TRYING TO GET OUT OF

THE WAY AND GO HAVE BREAKFAST. >> YES, SPECIAL MAGISTRATE. I AM LOOKING AT THE GOOGLE EARTH BECAUSE I BELIEVE -- MS. KIRKLAND, IS HE IN TWO SPOTS?

>> YES, HE IS. >> THE FRONT END -- >> I'M SORRY?

CAN I INTERRUPT? >> I WOULD PREFER THAT YOU NOT INTERRUPT ME.

>> I'M SORRY. I APOLOGIZE. >> THE FRONT END IS IN ONE SPOT AND THE BACK END IS IN ANOTHER SPOT. SIR, GO AHEAD.

YOU CAN SAY WHATEVER ELSE YOU WOULD LIKE TO ADD. >> OKAY.

[01:45:04]

TO THE LEFT -- TO THE DRIVER'S SIDE OF THAT PARKING SPOT, THERE IS NOT ANOTHER PARKING SPOT.

>> CAN I CLARIFY? I GUESS I'M NOT UNDERSTANDING WHAT YOU ARE TRYING TO SAY.

ARE YOU SAYING THAT THE -- WHERE THE FRONT END OF YOUR VEHICLE IS NOT A SPOT OR THE SPOT TO THE

LEFT OF WHERE YOUR FRONT END IS NOT A SPOT? >> THE SPOT TO THE LEFT OF MY FRONT END, THE DRIVER'S SIDE, WHERE IT IS OVER A PARKING LINE, THAT ONE SPOT, THERE IS NOT ANOTHER PARKING SPOT NEXT TO THAT ON THE LEFT FOR ME TO BLOCK ANYBODY.

>> OKAY. BUT -- OKAY. I SEE WHAT YOU ARE SAYING.

>> I WOULD NOT HAVE TAKEN TWO PARKING SPOTS. I'M RETIRED LAW ENFORCEMENT AND I WOULDN'T DO THAT. I KNOW BETTER. QUITE FRANKLY, LIKE I SAID, I THOUGHT I DID THE BEST POSSIBLE JOB OF GETTING AND STAYING OUT OF EVERYBODY'S WAY.

AND I APOLOGIZE FOR INTERRUPTING. >> LET ME HAVE JUST ONE SECOND,

SPECIAL MAGISTRATE. >> YOU NEED A SECOND? >> YES.

>> I AM FAMILIAR WITH THAT AREA. IT IS RIGHT NEAR THE RAILROAD TRACKS.

AND THE PARKING GARAGE IS RIGHT HERE. >> I UNDERSTAND THAT.

I BELIEVE THE DISCUSSION THAT'S BEING HAD IS THE WAY -- I CAN'T QUOTE THIS EXACTLY BECAUSE MY COMPUTER DIED, BUT THE WAY THE NEW ORDINANCE READS IS ESSENTIALLY YOU HAVE TO BE PARKED BETWEEN THE TWO DESIGNATED LINES WHICH HE IS NOT.

I BELIEVE THE DISCUSSION THAT STAFF IS HAVING IS RELATED TO HIS EXPLANATION OF WHY HE PARKED THE WAY HE DID. IF THEY CAN JUST HAVE A MINUTE TO DISCUSS.

>> YOU MAY HAVE THAT. >> I APOLOGIZE. I TWISTED MY BACK OUT OF PLACE AND SO IF YOU SEE ME GRIM MASS -- GRIMACING, THAT'S WHAT IT IS.

THEY WILL PULL UP THE CODE FOR YOUR HONOR TO MAKE A DECISION. BUT WE DO WANT TO SHOW YOU HOW

IT READS SPECIFICALLY. >> THERE YOU GO. >> IT IS 34-31A, ILLEGAL PARKING STOPPED IN A SINGLE PARKING SPACE ON ANY CITY-OWNED OR OPERATED PARKING LOT, GARAGE OR OTHER PROPERTY SHALL BE PARKED WITHIN THE LINES MARKED FOR SUCH SINGLE PARKING SPACE.

IT IS UNLAWFUL TO STOP, STAND OR PARK IN A VEHICLE UH -- I'M SORRY.

IT IS UNLAWFUL TO STOP, STAND ANY VEHICLE ACROSS ANY SUCH LINE OR TO MARK A VEHICLE IN ANY SUCH WAY THAT THE SAME SHALL NOT BE WITHIN THE AREA SO DESIGNATED BY SUCH LINES OR MARKINGS FOR THE

SINGLE PARKING SPACE. >> MR. LAMONTHE, DID YOU HEAR THAT.

>> YES, MA'AM, I DID. >> ANYTHING FURTHER? >> NO.

I WOULD HAVE -- I WOULD HAVE TO SAY THAT NOT KNOWING THAT SPECIFIC CODE, I WAS UNAWARE AND

[01:50:07]

ANY OTHER PARKING SPACE. >> ALL RIGHT. TPHEULG FURTHER?

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

>> NO, MA'AM. >> ALL RIGHT, BASED ON THE EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTS FOR IMPROPER PARKING AND THAT ROLAND P LAMONTHE IS THE PARTY RESPONSIBLE FOR. IT I WILL ASSESS A $50 FINE ALONG WITH A $10ADMIN FEE AGAINST YOU FOR A TOTAL DUE OF $60. YOU WILL HAVE 14 DAYS TO PAY FROM THE DATE YOU GET THE ORDER AND YOU HAVE -- YOU NEED TO UNDERSTAND THAT FAILURE TO PAY

THAT COULD RESULT IN THE CASE BEING SENT OVER TO THE CITY. >> I WOULD NEVER NOT PAY IT.

I MEAN, LIKE I SAID, UNFORTUNATELY I -- SUCH AN ORDINANCE ABOUT BEING PARKED OVER A LINE, I WAS -- I HAVE NEVER HEARD OF BEFORE, BUT THAT IS JUST BECAUSE I DON'T LIVE THERE. LIKE I SAID, I WOULD HOPE MAYBE I COULD HAVE GOT AN EXCEPTION BECAUSE I DIDN'T BLOCK ANOTHER PARKING SPOT AND WAS TRULY TRYING TO STAY OUT OF THE WAY.

>> SPECIAL MAGISTRATE -- I'M SORRY. YOU HAVE RULED AND I KNOW YOU ARE AWARE, YOU DO HAVE THE DISCRETION IN YOUR FINDING ABILITIES FROM $0 UP TO $500 SO YOU ARE FREE TO ADJUST THE FINE IF YOU BELIEVE IT IS NECESSARY. AISLE -- I'M ONLY POINTING THIS

OUT BECAUSE YOU ARE HAVING A LITTLE DIFFICULTY WITH THIS ONE. >> I'M SORRY.

ARE YOU TALKING TO ME, MA'AM? >> WELL, I WAS TALKING TO THE SPECIAL MAGISTRATE, BUT ALSO FOR

YOUR BENEFIT TO HEAR. YES, SIR. >> THANK YOU.

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

>> YOU KNOW, I FIND BASED ON THE EVIDENCE THAT YOU IMPROPER -- IMPROPERLY PARKED.

I WILL ASSESS A $50 FINE AND A $10ADMIN FEE FOR A TOTAL DUE OF $60.

YOU WILL HAVE 14 DAYS TO PAY FROM THE DATE OF THE ORDER AND 30 DAYS TO APPEAL.

IF YOU DON'T PAY, THIS CASE COULD BE FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU COULD

INCUR ADDITIONAL FEES AND COSTS. YOU HAVE 30 DAYS TO APPEAL. >> NOW DOES THAT COME -- ARE YOU

SENDING THAT TO ME IN THE MAIL? >> I WILL SEND YOU A LINK TO PAY ONLINE AFTER THIS HEARING, OKAY?

>> OKAY. >> ALL RIGHT, MR. LAMONTHE. YOU HAVE A GREAT DAY.

>> WELL, I DO WISH YOU HAD BEEN A LITTLE MORE UNDERSTANDING ON WHAT I WAS TRYING TO DO AND I WAS JUST BEING A VISITOR TO YOUR CITY. IT WOULD HAVE BEEN NICE FOR A LITLE COURTESY AND A WARNING AND I WOULD NEVER TRY TO DO THAT AGAIN, ESPECIALLY FEELING LIKE I REALLY WAS TRYING TO BE OUT OF THE WAY. AND I DIDN'T BLOCK ANY OTHER

SPOTS OR BOTHER ANY OTHER INDIVIDUAL. >> OKAY.

>> STU. THANK YOU. >> AND MADAM CLERK, IF WE CAN

RECALL THE LOT CLEARING LIEN REDUCTION HEARING. >> YES.

>> SPECIAL MAGISTRATE, WHILE STAFF GOES BACK THROUGH THAT, I'M GOING TO EXCUSE MYSELF FOR A COUPLE OF MINUTES. MS. VANDERHORSE LOOKED THROUGH THE FILE AND THE ONE FILING SHE CAN FIND ON LOT CLEARING NUMBER 2 WOULD BE FOR $10 SO YOU WOULD HAVE THE DISCRETION RELATED TO ADMIN FEES, INTEREST AND PENALTIES. IN LOT CLEARING LIEN NUMBER 2 YOU WOULD HAVE TO ORDER $10 OF ADD STRAY TIFF FEES -- ADMINISTRATIVE FEES, BUT YOU HAVE THE DISCRETION IN THE BEST INTEREST OF THE CITY TO REDUCE THE OTHER THREE.

I AM GOING TO STEP OUT. YOU ALL CAN COME BACK UP. >> OUR NEXT CASE WILL BE A LIEN REDUCTION ON 701 NORTH 19TH STREET OCEAN CREEK DEVELOPMENTS, LLC.

>> SPECIAL MAGISTRATE, AS THE CITY ATTORNEY EXPLAINED, THE ONLY ONE -- THE ONLY RECORDING THAT I FOUND WAS ON LOT CLEARING NUMBER 2. WE ARE STILL NUMBER 1 AND STAFF

RECOMMENDATION IS THE 4,708.5. >> AND THE ONLY ADMIN FEE YOU SAID WAS $10?

>> THE RECORDING FEE AND THAT GOES FOR THE SECOND ONE. I COULD NOT FIND ONE FOR LOT

[01:55:07]

CLEARING NUMBER 1. >> OKAY. AND WHAT ABOUT -- OH THE NEXT

ONE IS DEMOLITION. OKAY. >> ON -- HOW BIG IS THIS LOT?

>> ABOUT 50 BY 100. >> DID YOU ALL OWN THE LOT AT THE TIME IT WAS CLEARED?

>> NO. >> WE PURCHASED IF -- IT IN OCTOBER OF 22.

>> SO LIEN REDUCTION. >> WE UNDERSTAND WE HAVE TO CLEAR UP THE VIOLATION BEFORE WE

CAN GO FORWARD WITH DEVELOPING IT. >> I'M SORRY.

WHERE IS THIS PROPERTY LOCATED? >> 1101 NORTH 19TH STREET. IT IS CALLED WASHINGTON HEIGHTS.

>> I'M SORRY. WHAT IS GOING ON IN MY BRAIN, ARE SPECIAL MAGISTRATE, IS WE DO HAVE THE INFILL LIEN RE -- REDUCTION PROGRAM. I CAN'T REMEMBER THE BOUNDARIES OF THAT. DID YOU LOOK INTO THE PROGRAM TO SEE IF IT WOULD QUALIFY FOR THE

PROPERTY? >> YES. HONESTLY IT WAS STILL A

SUBSTANTIAL AMOUNT. >> YOU DID LOOK AT IT AND CONSIDER IT?

>> YES. >> FOR US TO MOVE FORWARD TO TRY TO DO SOMETHING.

>> OKAY. >> I CAN'T WAIVE THE HARD COSTS. THERE IS VERY LITTLE I CAN DO

HERE. >> SPECIAL MAGISTRATE, MAY I ASK THE VIOLATOR A QUESTION?

>> YES. >> I DIDN'T HAVE ANYTHING AS FAR AS THE OFFER THAT YOU GUYS WERE WILLING TO MAKE ON THIS ONE THAT WE ARE GOING OVER NOW. IF YOU DID HAVE AN OFFER TO

MAKE, YOU COULD MAKE IT AT THIS TIME. >> WELL, I GUESS WE ARE LIMITED

TO WHAT YOU ARE ABLE TO WAIVE O- >> WELL, THEY, THE STAFF, HAS ACTUALLY REDUCED THIS FROM 6, 684.11 TO 784.05. AND THEN ON THE LIEN ON THE LOT CLEARING, NUMBER 2, THE TOTAL AMOUNT DUE IS 731.81. AND THEN ON THE DEMOLITION, WAS THERE A STRUCTURE ON THE

PROPERTY? >> NOT WHEN WE PURCHASED IT. >> NOTHING.

>> BUT THE CITY DID DO A DEMOLITION ON IT. >> YES.

>> OKAY. I CAN WAIVE THE INTEREST, RIGHT? >> YES, MA'AM.

THE QUALIFICATION IN THE RULES FOR INTEREST AND PENALTIES TO BE WAIVED IS IF YOU MAKE A FINDING

THAT IT IS IN THE BEST INTEREST OF THE CITY TO DO SO. >> OKAY.

EVEN WITH THAT THERE IS NOT MUCH WIGGLE ROOM HERE. >> THE RULES DO PERMIT TO YOU WAIVE THEM IN FULL SO THAT WOULD BE ABOUT $3,000 -- A LITTLE OVER $3,000 IF YOU BELIEVE THAT'S IN THE BEST INTEREST TO DO SO. THE AMOUNTS THAT STAFF HAVE REQUESTED IS TO HALF THEM.

>> OKAY. THAT HELPS ME. Y AND THE DEMOLITION -- AND THE

[02:00:11]

DEMOLITION, THE SAME RULE APPLIES? >> IF WE CAN SCROLL DOWN TO THE DEMOLITION LIEN? YES, MA'AM. THE SAME RULE APPLIES FOR THE DEMOLITION. FOR THE ADMINISTRATIVE FEES, THE ONE WE COULD FIND CURRENTLY AND STAFF IS COMFORTABLE IS LOT CLEARING NUMBER 2 YOU HAVE TO ORDER $10 OF ADMINISTRATIVE FEES

BECAUSE WE CAN FIND THAT HARD COST IN THE FILE CURRENTLY. >> OKAY.

HERE IS WHAT I'M GOING TO DO. DO WE HAVE A TOTAL ADDED UP OF THE TOTAL FOR ALL THREE LIENS?

>> ALL THREE? HOLD ON A SECOND. IN WHAT IS CURRENTLY OWED?

>> YEAH. WHAT IS CURRENTLY OWED TOTAL. FOR ALL THREE HRAO*EP -- LIENS.

>> 17,772.85. >> OKAY. ALL RIGHT.

ALL RIGHT. LET'S GO TO LOT 1. >> YES, MA'AM.

SCROLL TO THE TOP. >> I'LL WAIVE HALF OF THE INTEREST.

RIGHT NOW IT IS 1,272.59. >> THAT IS THE HALF. >> OH, THAT IS THE HALF.

>> THE INTEREST IS CURRENTLY $45.17. >> SO THAT'S ALREADY DONE.

>> YES. >> THAT IS THE RECOMMENDATION. >> YES.

>> OKAY. ALL RIGHT. ALL RIGHT.

I'M FOLLOWING YOU NOW. >> AND YOU CAN, SPECIAL MAGISTRATE, THE INTEREST AND PENALTIES, SORRY, YOU DO HAVE THE DISCRETION TO WAIVE THEM IN FULL.

WHY THEY ARE HALVED BY US IS FOR OUR FAST TRACK PROCESS, THAT IS WHAT STAFF CAN AGREE TO PRIOR TO A HEARING. AND THAT IS THE RECOMMENDATION THAT STAFF HAS MADE FOR THOSE.

>> AND SO THE CURRENT AMOUNT IS 17,782. >> YES.

17,772.85. THAT'S THE TOTAL OF ALL THREE. >> AND PRIOR TO THAT, CAN YOU GIVE ME WHAT THE TOTAL WOULD HAVE BEEN FOR ALL THREE WITHOUT THE STAFF'S RECOMMENDATION?

>> THAT WAS THE TOTAL FOR ALL THREE WITHOUT STAFF'S RECOMMENDATION.

>> CAN WE ADD UP THE TOTAL STAFF RECOMMENDATION? >> YES.

>> $12,469.62. >> ARE YOU ALL FOLLOWING THE MATH ON IT? DO YOU HAVE AN OBJECTION TO WHAT THE STATE -- WHAT THE CITY IS OFFERING?

>> YES. THAT'S WHY WE WANTED TO MEET WITH YOU BECAUSE WE FEEL THAT THE INTEREST PENALTIES AND ADMIN FEES SHOULD BE WAIVED AND THE HARD COSTS THAT THE CITY

INCURRED, WE WOULD BE -- WE WOULD HAVE TO PAY. >> WELL, THE CITY LASS WAIVE --

[02:05:46]

THE CITY HAS WAIVED IT BY ONE HALF THE AMOUNT? >> THE INTEREST, PENALTIES AND ADMIN FEES HAVE BEEN WAIVED BY HALF. SO THE CITY INCURRED FEES ARE HARD COSTS FOR THE LOT CLEARING OR THE DEMOLITION. THOSE HAVE BEEN REQUESTED IN FULL FOR EACH. AND THE SPECIAL MAGISTRATE HEARING FEE WHICH IS REQUIRED FOR EACH HAS BEEN REQUESTED IN FULL. THE OTHER THREE CATEGORIES HAVE

BEEN HALVED. >> I JUST WANT TO POINT OUT TO THE VIOLATOR THAT WHAT YOU ARE REQUESTING IS JUST TO PAY THE HARD COST, THAT IS THE INFIELD -- INFILL PROGRAM.

THAT IS WHAT THEY REQUIRE AS FAR AS PAYMENT. >> I AM NOT THE ONE IN CHARGE OF

IT, BUT I DID PULL IT UP. >> AND I BELIEVE THAT YOU GET HALF --

>> HALF OF THE HARD COSTS BACK. >> WHAT PROGRAM? >> THE IN -- INFILL LIEN

PROGRAM. >> INFILL. THE POINT IS TO BUILD ON THE

LOT. >> SO WHAT THAT IS, IT IS MANAGED BY THE CITY MANAGER'S OFFICE, AND I BELIEVE THERE IS A RESTRICTION ON WHICH PROPERTIES QUALIFY AND I DO NOT KNOW OFF THE TOP OF MY HEAD IF YOUR PROPERTY WHERE IT IS LOCATED WOULD QUALIFY.

BUT WHAT HAPPENS, AND AGAIN MY COMPUTER IS DEAD AND I CAN'T READ IT SO I AM GOING OFF MY MEMORY, BUT THEY WILL TELL YOU CORRECTLY IF IT IS SOMETHING YOU ARE INTERESTED IN.

YOU PAY ESSENTIALLY YOUR HARD COSTS UP FRONT. YOU ENTER INTO AN AGREEMENT WHEREBY YOU HAVE A CERTAIN AMOUNT OF TIME TO BUILD ON THAT PROPERTY, AND IF YOU FOLLOW THROUGH WITH THAT, HALF OF YOUR TPAOEU -- FEES ARE PAID BACK TO YOU IF YOU DO BUILD AND YOU OBTAIN YOUR CERTIFICATE OF OCCUPANCY FOR THE BUILDING. BUT THEY WORK WITH YOU THROUGH ALL OF THAT. IF YOU HAVE NOT LOOKED AT THAT AND YOU WOULD LIKE TO SEE IF YOU WOULD QUALIFY FOR THAT, WE CAN GIVE YOU TIME TO DO THAT, BUT THAT IS A DIFFERENT DEPARTMENT

THAT HANDLES THAT THAN THIS DEPARTMENT. >> WE WOULD LIKE TO RESOLVE THE

ISSUE AND NOT WASTE ANYMORE OF YOUR TIME. >> I JUST DON'T WANT YOU TO COME

BACK AND SAY WE WOULD HAVE DONE THAT IF WE WOULD HAVE KNOWN. >> THANK YOU.

>> SO AGAIN, THEY WOULD ONLY BE REQUIRED TO PAY TK-GS -- $12,669.62.

>> $12,469.62 IS WHAT I HAVE. >> THAT'S WHAT I GOT. I'M SORRY.

469. MY MATH WAS RIGHT. >> THAT IS THE NUMBER FOR THE STAFF RECOMMENDATION. I CAN TELL YOU THE LOWEST YOU CAN ABSOLUTELY GO TO, IF WE CAN SCROLL TO THE TOP I CAN TELL YOU WHAT THAT IS. THAT WOULD BE --

>> AND THAT IS INTEREST AND PENALTIES, RIGHT? >> NO.

>> OKAY. THAT'S FINE. >> YES, MA'AM.

THE LOWEST YOU KWAO -- THAT YOU CAN GO TO FROM MY MATH IS $7, 176.18.

THAT IS THREE $250 FEES FOR EACH OF THE LIENS. THAT IS THE CITY INCURRED FEES FOR EACH LIEN AND THEN A $10ADMI N FEE AND LOT CLEARING NUMBER 2 FOR THE FILING FEE.

YOU COULD AT THE LOWEST IF YOU BELIEVE IT IS IN THE BEST INTEREST TO DO SO GO TO 7,176.18

>> IT IS MY RECOMMENDATION. >> IF IT IS IN DISAGREEMENT IT CAN BE APPEALED FOR A DIFFERENT

[02:10:11]

BUT THIS IS NOT ONE IN THE OLD SYSTEM WHERE IT WOULD REQUIRE THEIR APPROVAL.

IT NO LONGER REQUIRES THEIR APPROVAL. >> YOU JUST -- I JUST --

>> I JUST DON'T SEE WHERE THAT IS A BAD OFFER, $12,469.62 TOTAL.

BASED ON ALL THAT HAS BEEN DONE. I THINK THE CITY HAS ALREADY -- WHAT I WOULD HAVE DONE, THE CITY HAS ALREADY DONE. THEY CUT THE INTEREST AND PENALTIES IN HALF.

>> WITH ALL DUE RESPECT, WE DIDN'T -- IF WE OWE SOMETHING WE PAY IT.

WE DON'T INCUR INTEREST. WE PAY OUR DEBT, YOU KNOW WHAT I MEAN? WE DIDN'T INCUR THAT INTEREST OR THOSE PENALTIES. WE BOUGHT IT IN OCTOBER OF 22.

WASN'T AWARE OF THIS IN GOOD FAITH. AGAIN, HAVE BEEN MAINTAINING IT.

THAT'S THE WAY WE MAINTAIN THE PROPERTY IS TO KEEP IT NICE. >> YOU ARE NOT THE ONLY ONES WHO HAVE HAD THAT PROBLEM. PEOPLE COME IN HERE AND BUY PROPERTY AND DON'T RESEARCH IT TO SEE IF THERE IS A LIEN AND THE SAME THING HAPPENS. I DON'T THINK THAT IS A BAD

AMOUNT. >> SPECIAL MAGISTRATE, I DO HAVE A LIEN SEARCH RESULTS THAT THEY

DID BACK IN MARCH OF 2023. >> YES. I DID THAT.

>> THAT WAS HOW THEY BECAME AWARE. THAT WAS AFTER THE PURCHASE.

>> OH AFTER. $12,469 FOR THIS LOT IS NOT A BAD PRICE.

IN MY OPINION. SO I WILL GO ALONG WITH THE RECOMMENDATIONS OF STAFF AND I WILL REDUCE IT TO $12,469.62 BASED ON STAFF RECOMMENDATION. AND THEY CAN APPEAL THIS TO --

>> YES, MA'AM. THEY HAVE 30 DAYS TO APPEAL TO THE CITY COMMISSION.

THERE IS A $250 FEE FOR THE APPEAL. THE RULES OF PROCEDURE EXPLAINS

TO THEM HOW TO DO THAT APPEAL. >> HOW MUCH TIME? >> 30 DAYS TO APPEAL.

>> HOW MUCH TIME TO PAY THE $12,000. >> DID I GIVE YOU THE RIGHT

NUMBERS? >> SHE WAS JUST ASKING WHAT YOU ORDERED.

I THINK IT WOULD BE UP TO THEM HOW LONG THEY WOULD NEED. I HAVE A FEELING BASED ON THE JOTTING WE MAY BE GETTING AN APPEAL. IF YOU WANT TO INQUIRE HOW LONG IT WILL TAKE THEM OR HOW LONG THEY WOULD LIKE AND WE WOULD ASK FOR A REVERSION IF IT IS NOT

PAID IN THAT AMOUNT OF TIME. >> HOW LONG DO YOU NEED TO PAY THIS BECAUSE YOU GOT 30 DAYS TO

APPEAL IT. >> SO 60? >> OKAY.

60-DAYS. >> AND THEN IT WOULD REVERT BACK TO THE ORIGINAL AMOUNTS.

>> YEAH. SEE WHAT THEY DO AND IF NOT -- IF IT IS NOT PAID OR MAKE A PAYMENT PLAN OR ARRANGEMENT IT WILL REVERT BACK TO THE ORIGINAL AMOUNT.

>> I'M GONNA SAY FOR THEIR BENEFIT BECAUSE IF IT TAKES 30 DAYS FOR THEM TO FILE THE APPEAL AND THEN IT WOULD HAVE TO GET ON TO A CITY COMMISSION AGENDA, IT MAY BE MORE APPROPRIATE TO ORDER

[02:15:05]

>> LET'S DO 120 DAYS. 120 DAYS. >> THANK YOU.

>> TO BEGIN PAYMENT. >> OKAY. >> ALL RIGHT.

>> SORRY IT TOOK US SO LONG. >> AND SPECIAL MAGISTRATE, WE DID NOT READ IN LOT CLEARINGS 2 AND THE DEMOLITION SO I WOULD JUST ASK FOR A FINDING THAT YOU ARE BASING THAT BASED ON THE

PUBLISHED AGENDA. >> THAT'S CORRECT. >> OKAY.

AND I CAN SEE THAT'S WHAT YOU WERE LOOKING AT UP THERE. SO JUST FOR RECORD PURPOSES YOU HAVE REVIEWED THAT AND THAT IS WHAT YOU ARE BASING YOUR FINDINGS ON.

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

>> THANK YOU. >> THANKS FOR YOUR TIME. >> THANK YOU.

THANK YOU. GOOD LUCK. >> ALL RIGHT.

WE ARE GONNA GO BACK INTO REGULAR ORDER ONE MORE TIME. OUR NEXT CASE IS 23-10, JAYCEE

PARK, MARLAND MARINE CONSTRUCTION, LLC. >> DO WE NEED --

>>

TELEPHONICALLY. >> >> YEAH.

>> IF YOU HAVE HIS NUMBER YOU CAN CALL HIM. BUT HE DID NOT RETURN THE FORM THAT WAS REQUIRED. WHY DON'T WE RESCHEDULE HIM SINCE THERE MAY HAVE BEEN A MISCOMMUNICATION. IF WE CAN CALL THAT ONE AND WE WILL RESCHEULE THAT.

I'M GONNA -- >> I CAN MOVE ON TO ANOTHER CASE AND I CAN STILL TRY TO COMMUNICATE WITH HIM THIS MORNING AND SEE IF HE IS WILLING.

>> DO YOU HAVE HIS NUMBER? >> YEAH. I CAN FIND IT.

>> PERFECT. >> ARE YOU OKAY WITH CONTINUING ON TO LARRY'S CASE FOR NOW?

>> YES, MA'AM. I AM KWR*US STANDING HERE -- I AM JUST STANDING HERE BECAUSE I

AM HURTING A BIT. >> I GOTCHA. >> I'M SORRY, WHAT WAS THE NEXT?

>> 23-10, JAYCEE PARK, MARLAND MARINE CONSTRUCTION, LLC. >> THAT'S 4F.

>> ALL RIGHT. >> GOOD MORNING, YOUR HONOR. >> GOOD MORNING.

, LARRY STEPHES. THE CASE IS 23-0010. THIS CASE WAS WRITTEN AT JAYCEE PARK ON THE DATE DECEMBER 18TH, 2022. THE VIOLATOR IS MARLAND MARINE CONSTRUCTION. CITATION NUMBER 18158. THE SECTION, CODE SECTION, 34, 35L, RESTRICTED PARKING AND CAR PARKING ONLY. THE FINE IS $50 AND THE ADMINISTRATIVE FEE IS $10 AND LATE FEE IS $18 FOR A TOTAL DUE OF $78.

THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR WILL ASSUME TOTAL DUE INDICATED ABOVE. FAILURE TO PAY SUCH FINE RESULTS IN THE CITATION BEING FORWARDED TO THE COUNTY CLERK SYSTEM. I DO HAVE PICTURES TO INDICATE

THE VIOLATION. >> CITY'S COMPOSITE EXHIBIT 1. >> IT WILL BE ADMITTED AS SUCH.

>> MR. STEPHENS, ARE THESE ANGLED PARK STPH-G THEY -- PARK STPH-G THEY LOOK PERPENDICULAR.

>> MARLAND MARINE CONSTRUCTION I FIND IN VIOLATION AND A REPRESENTATIVE FROM THE

[02:20:03]

TO PAY -- FAILURE TO PAY THIS COULD RESULT IN THE CASE BEING SENT TO THE COUNTY COURT SYSTEM

WHERE THEY COULD INCUR COSTS. THANK YOU. >> THANK YOU.

>>

>> YOU CAN CALL YOUR OWN CASE AND TELL US WHICH CASE YOU WANT TO CALL.

>> WHAT CASE ARE WE GOING TO? >> HE WILL TELL US WHAT WHAT HE'S GOT.

>> GO AHEAD AND CALL THE CASE? >> YES, SIR. >> OR I CAN CALL IT --

>> GOING IN ORDER. >> JUST TELL US WHICH ONE. >> YOUR HONOR, THE NEXT CASE BEFORE IS YOU CASE NUMBER 23-245 IT IS A PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK.

THE CASE WAS TPHEURB -- INITIATED ON JANUARY 22ND, 2023.

THE VIOLATOR IN THE CASE CAME BACK AS A MICHAEL MILLER. THE CITATION NUMBER IS 18908, A PARKING VIOLATION OF CITY ORDINANCE 34-31C. RESTRICTED PARKING FOR BOAT TRAILERS ONLY. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED AN ADD -- ADMINISTRATION OF -- FEE AND LATE FEE. THE CITY REQUESTS THE SPECIAL MAGISTRATE FINDS IF THE VIOLATION EXISTS THE TOTAL DUE IS INDICATED ABOVE.

FAILURE TO PAY SUCH A FINE IS THE RESULT OF BEING FORWARDED TO THE COUNTY COURT SYSTEM.

>> AT THIS TIME THE CITY WILL MOVE IN AS COMPOSITE EXHIBIT 1 THE PHOTOGRAPHS.

>> IT WILL BE ADMITTED AS SUCH. >> THANK YOU. >> ALL RIGHT.

I FIND THAT MICHAEL MILLER IS NOT PRESENT AND NEITHER IS THEIR REPRESENTATIVE ON HIS BEHALF.

HOWEVER, I DO FIND THAT A VIOLATION EXISTS AND I WILL IMPOSE A $50 FINE, $10ADMIN FEE AND AN $18 LATE FEE FOR A TOTAL DUE OF $78 AND PAYABLE WITHIN 14 DAYS AND YOU SHOULD BE ADVISED THAT A FAILURE TO PAY THIS COULD RESULT IN THE CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND COSTS. HE HAS 30 DAYS TO APPEAL.

>> THANK YOU, YOUR HONOR. >> YOU'RE WELCOME. >> YOUR HONOR, THE NEXT CASE IS

[H. 23-76PK 600 Wendell Road Carl Henry Loubeau Michael Rabenecker]

IT WAS TPHEURB INITIATED -- INITIATED ON JANUARY 7TH, 2023.

THE VIOLATOR CAME BACK AS A CARL HENRY LOUBEAU. THE CITATION WRITTEN IS 18678, A PARKING CRY LAYINGS OF 34-35S PARKING ON THE CITY RIGHT OF WAY.

THE CITY IS ASKING A $50 FINE BE ASSESSED AND AN ADMINISTRATION OF $10 AND LATE FEE OF $18.

A TOTAL DUE OF $78. THE CITY REQUESTS THE SPECIAL IMAGINE STATION FINDS THE VIOLATION EXIST IT BE INDICATED AS ABOVE. FAILURE TO PAY SUCH A FINE RESULTS IN A CITATION BE FORWARDED TO THE COUNTY COURT. I HAVE PHOTOS TO INTRODUCE THAT ARE DATE AND TIME STAND -- STAMPED AND THEY ACCURATELY PORTRAY THE VIOLATION AS I

VIEWED IT. >> THEY WILL BE ADMITTED AS SUCH.

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

I FIND THAT BASED ON THE TESTIMONY AND EVIDENCE PRESENTED THAT CARL HENRY LOUBEAU IS RESPONSIBLE FOR THE VIOLATION. HE NOR A REPRESENTATIVE IS PRESENT HERE ON HIS BEHALF.

I WILL FIND THAT THE VIOLATION EXISTS AND IMPOSE A $50 FINE AND $10ADMIN FEE AND $15 LATE FEE

[02:25:01]

HE SHOULD BE ADVISED THAT FAILURE TO PAY SUCH FINES COULD RESULT IN THE CITATION BELONG FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE WILL INCUR ADDITIONAL FEES AND COSTS.

>> THANK YOU, YOUR HONOR. >> YOU'RE WELCOME. >> YOUR HONOR THE NEXT CASE IS

[J. 23-268PK 500 Blk Delaware Ave Time to Transport Michael Rabenecker]

THE CASE WAS INITIATE OWED JANUARY 28TH, 2023. THE VIOLATE NEITHER THE CASE CAME BACK AS A TIME TO TRANSPORT THE CITATION NUMBER WRITTEN IS 18921, A PARKING VIOLATION OF CITY ORDINANCE 34-31A, IMPROPER PARKING. THE CITY IS ASKING A $50 FINE BE ASSESSED AND ADMINISTRATION FEE OF $10 AND LATE FEE OF $18 FOR TOTAL DUE OF $78.

THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATOR BE ASSESSED THE TOTAL ABOVE. FAILURE TO PAY SUCH A FINE RESULTS IN THE FINE BEING SENT TO THE COUNTY COURT SYSTEM. THE PICTURES HAVE A DATE AND TIMESTAMP AND IS WHAT I

WITNESSED IT. >> THEY WILL BE ADMITTED AS RUFP.

>> ANYTHING FURTHER? >> NO, YOUR HONOR. >> BASED ON THE EVIDENCE AND THE

TESTIMONY PRESENTED, I FIND THA? >> TIME TO TRANSPORT. >> TIME TO TRANSPORT IS THE PARTY RESPONSIBLE FOR THE VIOLATION. THEY WILL BE ASSESSED A FINE OF $50 AND A $10ADMIN FEE AND TK-PB $18 LATE FEE TOTAL OF $78. IT IS PAYABLE IN 14 DAYS AND THE FAILURE COULD RESULT IN THE CASE BEING TRANSPORTED OVER TO THE COUNTY COURT SYSTEM WHERE HE

COULD INCUR ADDITIONAL FEES AND COSTS. >> THANK YOU, YOUR HONOR.

>> YOU'RE WELCOME. >> YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 23-97,

[K. 23-97PK Jaycee Park Anita Goldsberry Michael Rabenecker]

THE CITATION IS 18698, A PARKING VIOLATION, CITY ORDINANCE 34-35L RESTRICTED PARKING FOR BOAT TRAILERS ONLY. THE CITY IS ASKING THAT A $50 FINE BE UH -- ASSESSED AND ADMINISTRATION OF $10 AND LATE FEE OF $18 FOR TOTAL DUE OF $78. THE CITY REQUESTS THE -- IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN THE FINE ABOVE.

FAILURE OF BEING PAID BEING FORWARDED TO THE COUNTY COURT SYSTEM.

I HAVE PHOTOS WITH THE DATE AND TIME STAP -P -- STAMP THAT REPRESENT HAD THE VIOLATION AS I

WITNESSED IT. >> WILL MOVE PHOTOS AS CITY'S COMPOSITE EXHIBIT 1.

>> ACCEPTED AS SUCH. >> I FIND THAT THE VIOLATION DOES EXIST BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED AND ANITA GOLS -- GOLDS BERRY IS THE PERSON RESPONSIBLE.

NOBODY IS HERE FOR HER OR ON HER BEHALF. I WILL IMPOSE THE FINE AND LATE FEE AND ADMIN FEE DUE OF $78. THAT AMOUNT SHOULD BE PAID WITHIN 4 -- 14 DAYS.

FAILURE TO PAY COULD RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE COULD INCUR ADDITIONAL FEES AND COSTS. SHE HAS 30 DAYS TO APPEAL.

>> THANK YOU, YOUR HAHN NEVER. THANK YOU, YOUR HONOR. >> NEXT CASE.

ARE THERE ANYMORE? LARRY? >> GOOD MORNING AGAIN, YOUR HONOR. THE SUBJECT IS 23-7824 -FRBGS -- BTR.

THE VIOLATOR IS SUPER TAX LLC. THE OWNER IS SYHRUS CHIP SHACK. THE VIOLATION IS 22-19A.

SECTION 22-29 ENFORCED. PLEASE CONTACT THE CITY CLERK OFFICE TO OBTAIN A TAX RECEIPT,

[02:30:06]

IN ALL UTILITIES BE SUSPENDED. I HAVE PHOTOS. >> DID YOU ALSO OBTAIN A -- USUALLY THE CLERK FILLS OUT A DOCUMENT STATING THEY DON'T HAVE THE BUSINESS TAX RECEIPT.

DID THE CITY CLERK FILL THAT OUT? >> THE AFFIDAVIT.

>> OH, I'M SORRY. >> LARRY, DO YOU HAVE AN EMAIL WITH THE AFFIDAVIT?

>> SO AT THIS TIME, SPECIAL MAGISTRATE WE WILL ASK TO CONTINUE THIS TO THE NEXT

HEARING. >> YOU DO THAT AND I JUST NOTICED THAT THE OWNER IS [INAUDIBLE] AND HIS WIFE ATTENDS MY WIFE. SO I WILL ASK TO REEXCUSE

MYSELF. >> IT IS TO BE CONTINUED TO JULE NEXT PROPOSED DATE.

>> THANK YOU. >> OUR NEXT CASE IS 23-22, 405, DECORDRE COURT, EMITH LAZARRE.

>> SAME THING. THIS IS THE LADY THAT OWNS A LOT OF PROPERTY?

>> YES. >> I REPRESENTED HER SON IN ANOTHER MATTER SO I WILL BE

RECUSING MYSELF ON THIS ONE TOO. >> THIS ONE AS WELL? >> YES.

>> THIS WILL BE CONTINUED UNTIL JULY 12TH. THE NEXT ONE FOR PELTIER.

>> THE NEXT CASE IS 23-20, 407, DECORDRE COURT. >> WILKINSON, HR ADE.

>> THE OWNER IS WILKINSON LADE OF THE SAME ADDRESS MENTIONED ABOVE.

THE CASE WAS INITIATED ON JANUARY 11TH OF 2023. THE VIOLATIONS ARE SECTIONS 24-19, 20, 21, SUBSECTION 1 AND 5 FOR OUTSIDE STORAGE. SECTION 24-19, 20, 21, SUBSECTION 11, OUTSIDE STORAGE AND INDOOR FURNITURE, PROTECTIVE TREATMENT, SECTION 30-28, SUBSECTION C, RESPONSIBILITY OF CONTAINER -- CONTAINERS. SECTION 24-19, 20, 21, SUBSECTION 4, PARKING ON PAVEMENT. THE CORRECTIVE ACTION WAS TO REMOVE TRASH, COOLERS, COOKING SUPPLIES AND ALL OTHER OUTSIDE-TYPE STORAGE LOCATED IN THE YARD. RE REMOVE ALL WOOD AND FURNITURE ON THE YARD.

PRESSURE WASH THE PAINT AND MOLDING WHERE DE TEAR YES, SIR -- DETERIORATION HAS OCCURRED. MOVE TO THE SIDE OF THE STRUCTURE AND REFRAIN FROM PARKING VEHICLES ON THE GRASS AT ALL TIMES. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY.

I DO HAVE PHOTOS HERE THAT SHOWS THE VIOLATIONS. >> ARE THEY DATE AND TIME

STAND -- DATE AND TIME TIMESTAMPED AS WELL? >>

>> IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER? >> NOT FROM ME.

>> I FIND THAT BASED ON THE EVIDENCE PRESENTED THAT WILKINSON LADE IS RESPONSIBLE FOR THE VIOLATION AND IT SHOULD BE NOTED THAT HE IS NOT PRESENT AND NEITHER IS A REPRESENTATIVE ON HIS BEHALF. BASED ON THE VIOLATION, I WILL ORDER THAT THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED. 30 DAYS TO APPEAL.

[02:35:01]

>> ALL RIGHT. OUR NEXT CASE IS 23--- >> SORRY.

SO WE ARE CHANGING THE 150 TO 100? DOLLARS A DAY?

THE RECOMMENDATION? >> I'M SORRY. I THOUGHT IT WAS 100.

THAT SHOULD BE 150, MADAM CLERK. >> YES, MA'AM. >> THANK YOU.

>> OUR NEXT CASE IS 23-576, 2209, AVENUE D, RANDOLPH F SAINT CYR.

I SPOKE TO HIM THIS MORNING AND HE WAS NOT ABLE TO TURN IN THE FORM, BUT HE IS READY TO PROCEED AND WAS ABLE TO RECEIVE THE PHOTOS AS WELL. IF HE IS WILLING, WE ARE GOOD.

>> YES, MA'AM. >> THANK YOU. >> SPECIAL MAGISTRATE, HE DIDN'T FILL OUT THE TELEPHONIC APPLICATION, BUT I THOUGHT YOU WOULD BE OKAY WITH GETTING HIM

ON THE PHONE. >> I AM IF YOU ARE -- IF YOU HAVE NO OBJECTION.

>> HELLO. MR. RANDOLPH OR MR. SAINT CYR. >> YES.

>> THIS IS KATHERINE AND WE ARE CALLING YOU LIVE FROM THE CHAMBERS THIS MORNING FOR A SPECIAL MAGISTRATE HEARING. I NEED TO SWEAR YOU IN BEFORE THE CITY PRESENTS THEIR SIDE OF

THE CASE AND YOU CAN SPEAK AND THEN THE JUDGE MAKES A RULING. >> OKAY.

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

>> RANDOLPH SAINT CYR. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO

GIVE WILL BE THE TRUTH. >> YES, AND NOTHING BUT THE TRUTH.

>> THANK YOU. >> I'M SORRY. WHAT WAS THAT OATH?

YOU SAID YES, WHAT? I'M SORRY? >> YES.

STATE THE TRUTH. YES. NOTHING BUT THE TRUTH, I SAID.

>> OKAY. SORRY. THANK YOU.

>> THIS IS CASE NUMBER 23-576 OF 2209 AVENUE D. THE CASE WAS INITIATED ON MARCH 6TH OF 2023. THE OWNER IS RANDOLPH F SAINT CYR IN HUNTINGTON STATION, NEW YORK. THE VIOLATION IS 24-19, 20, 21, SUBSECTION NUMBER 1 AND 5 FOR OUTSIDE STORAGE. SUBSECTION 24-19, 20, 21, SUBSECTION 11 FOR OUTSIDE STORAGE AND INDOOR FURNITURE AND 24- I'M SORRY, 24-19, 20, 21, SUBSECTION 10 AND SUBSECTION D FOR NON-OPERABLE VEHICLES. THE CORRECTIVE ACTIONS WERE TO REMOVE ALL WOOD, TRASH AND ANY OTHER ITEMS LOCATED THROUGHOUT THE YARD, OUTSIDE STORAGE ITEMS TO REMOVE ALL COUCHES AND INDOOR FURNITURE LOCATED IN THE YARD AND TO REMOVE ALL TRAILERS LOCATED IN THE BACKYARD.

THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS BE GIVEN $10 TO

COMPLY OR A FINE OF $50 BE ASSESSED AND I DO HAVE PHOTOS. >> DO YOU HAVE THE PHOTOGRAPHS DATE AND TIME STAP -PD -- STAMPED? AND DO THEY ACCURATELY VIOLATE

AS YOU PREDICT? >> THE PHOTOGRAPHS WILL BE ADMITTED AS SUCH.

MR. SAINT CYR? >> YES. >> HOW DO YOU RESPOND TO THE

ALLEGATIONS? >> I -- I KNOW THAT -- ABOUT THE PROPERTY, I KNOW THAT THERE WAS SOME -- THEY SAID IT WAS COMMERCIALLY ZONED. IT WAS A COMMERCIAL AREA.

THIS IS THE WHOLE REASON THAT IT WAS BECAUSE I NEEDED THE -- TO PARK THE TRAILER THERE.

BUT UNFORTUNATELY [INAUDIBLE] THINGS WERE A LITTLE SOUR WHERE I STILL HAVE [INAUDIBLE] IN A TERRIBLE CAR ACCIDENT WHERE I KIND OF HAD TO PUT EVERYTHING ON HOLD AND THEN NOW I TRIED TO SEE IF I CAN TRY TO SELL THE -- SELL THE EQUIPMENT. I HOPEFULLY I COULD GET SOMEONE TO PURCHASE THEM SO I CAN REMOVE THEM OFF THE PROPERTY.

AS FAR AS FURNITURE, THESE ARE -- THOSE ARE PROBABLY FURNITURE THAT'S NOT BEING USED.

[02:40:05]

I DON'T THINK THEY ARE -- I DON'T THINK THEY ARE -- I DON'T THINK THEY ARE IMMACULATE FURNITURE IF THEY ARE OUTSIDE. WE REMOVED EVERYTHING AND SOMETIMES WE HAVE DAMAGED FURNITURE. SO WE MOVE EVERYTHING OUTSIDE TO TRY TO TAKE IT TO TRASH, BUT I'M NOT SURE ABOUT -- I'M GONNA HAVE TO TELL MY FAMILY MEMBERS THAT THEY ARE NOT TO PUT -- MAKE SURE THEY DON'T HAVE ANY FURNITURE OUTSIDE OF THE PROPERTY. AS FAR AS THAT IS CONCERNED, I MAKE SURE THAT EVERY 20 -- EVERY 22 DAYS, 23 DAYS I HAVE SOMEONE -- I PAY SOMEONE TO MAINTAIN THE GRASS AND CUT THE GRASS. I DIDN'T KNOW THAT -- YES.

AY TPURBT -- ANY FURNITURE IS NOT FURNITURE THAT IS BEING USED AND IS GETTING READY TO GO TO THE DUMPSTER. I JUST -- I'M JUST TRYING TO ASK FOR SOME COURTESY TIME.

I WAS IN THE ICU. I ALMOST HAD A COLLAPSED LUNG AND I HAD SURGERY.

I AM NOT ABLE TO SORT OF GET BACK AFTER MY OPERATION, SO I'M -- THAT'S WHY I AM TRYING TO PUT A FOR SALE SIGN ON THE EQUIPMENT TO TRY TO SEE IF I CAN GET SOMEONE TO PURCHASE IT AND

GET -- AND MOVE IT OUT. >> SIR IT LOOKS LIKE THERE ARE TWO TRACTOR-TRAILERS ON THE PROPERTY THAT DON'T APPEAR TO BE OPERABLE. THERE IS A LOT OF YARD DEBRIS.

>> A LOT OF YARD DEBRIS? THAT'S WHAT I'M SAYING. IT IS JUST -- I WOULD HAVE TO PUT INSURANCE, BUT THEY ARE JUST NOT INSURED TO BE -- BUT THEY ARE -- I AM ABLE TO TRYING TO GET -- SEE IF I CAN MOVE THEM. THEY CAN HAVE NEW BATTERIES AND TRY TO MOVE IT.

LIKE I SAID, I AM TRYING TO GET SOMEONE TO -- >> SIR, I HEARD YOUR ANSWERS.

ALL I'M SAYING IS I'M LOOKING AND IT LOOKS LIKE THERE IS A GOAT ON THE PROPERTY.

>> A GOAT? >> IS THAT A GOAT? WHAT IS THAT ANIMAL? SIR, JUST LISTEN. I SAID IT LOOKS LIKE. BUT THERE IS AN ANIMAL THERE, AND IT LOOKS TO ME LIKE IT COULD BE A LITTLE BITTY GOAT, BUT WHATEVER.

THIS PROPERTY IS IN BAD SHAPE. >> IT DEFINITELY LOOKS LIKE A GOAT, SPECIAL MAGISTRATE.

>> IT IS A GOAT. >> CAN YOU SEND ME THAT PICTURE? >> YEAH.

WE WILL MAKE SURE YOU GET COPIES OF THE PICTURES. >> MS. CALDERON SAID SHE SENTED THE PHOTOGRAPHS -- SENT THE PHOTOS. IF WE ZOOM OUT TO THE DATE I CAN TELL HIM WHICH DATE TO LOOK AT. WHEN YOU LOOK AT THE PHOTOGRAPHS IN THE BOTTOM RIGHT HAND CORNER IT IS FROM MAY 15TH. YOU CAN SEE THE TWO SEMI TRUCKS AND THE TRACTOR-TRAILER TO THE LEFT AND THE GOAT IS IN BETWEEN THE TRACTOR-TRAILER ON THE LEFT AND ONE OF THE SEMI TRUCKS.

>> YEAH. WELL, I'M AWARE OF THE SEMI TRUCK BECAUSE IT WAS A COMMERCIAL -- THEY SAID IT WAS COMMERCIAL AND I HAVE BEEN ASKED THE TITLE COMPANY WHEN THEY TOLD

ME IT WAS A COMMERCIAL -- >> SIR, THAT HAS NOTHING TO DO WITH THE FACT THAT THE PROPERTY NEEDS TO BE CLEANED UP THIS IS FRAN ROSS, THE SPECIAL MAGISTRATE.

SIR, PLEASE LISTEN. PLEASE. THIS PROPERTY REALLY NEEDS TO BE CLEANED UP. AND IF YOU DON'T GET IT CLEANED UP, THERE ARE GOING TO BE HARSH PENALTIES. I'M SORRY ABOUT YOUR ACCIDENT, BUT THIS -- YOU HAVE THE MICK -- THE PICTURES. IF YOU LOOK AT THEM, THIS IS HORRIBLE.

>> SO I HAD -- FROM THE TIME THEY TOOK THE PICTURES UNTIL NOW, IT HAS BEEN MAINTAINED.

[02:45:16]

I'M JUST GONNA HAVE TO ASK ONE OF MY FAMILY IF THERE IS A GOAT IN THE YARD.

I DIDN'T KNOW ABOUT A GOAT, MA'AM. I'M GONNA FIND OUT.

>> AND THESE VEHICLES DON'T LOOK OPERABLE. THEY LOOK LIKE THEY COULD BE SCRAPS. I MEAN, I'M NOT TRYING TO DEL YOU WHAT TO DO -- TO TELL YOU WHAT TO DO, BUT LOOK AT THE PICTURES AND GET WHOEVER IT IS -- SIR, SIR, SIR -- PLEASE, WHOEVER IS LIVING ON THIS PROPERTY, YOU NEED TO GET WITH THEM AND SEE WHAT ARPGMENTS Y'ALL CAN -- ARRANGEMENTS Y'ALL CAN MAKE TO CLEAN THIS PROPERTY UP, OKAY?

>> UH-HUH. YES. >> DO YOU HAVE ANY QUESTIONS?

>> NOT REALLY. >> ALL RIGHT. PLEASE TAKE A LOOK AT THE PHOTOGRAPHS AND LOOK AT THEM CLOSELY. ANYTHING FROM THE CITY?

>> NO, MA'AM. NOTHING FURTHER. >> I JUST WANT TO ADD JUST TO MAKE SURE THAT THE VEHICLES HAVE TO HAVE CURRENT REGISTRATION, REMOVED AND THERE IS STILL SOME OUTSIDE STORAGE AND INDOOR FURNITURE. I AM NOT SURE WHAT EXACTLY HE IS TALKING ABOUT SOME OF THE FURNITURE BEING MOVED. THERE IS STILL SOMEHOW -- SOME OUT THERE AND MOST IMPORTANTLY THE THREE -- THE TWO TRAILERS -- OR THE SEMIS AND THE TRAILER.

HAVE YOU MY NUMBER. -- YOU HAVE MY NUMBER. IF THERE ARE ANY QUESTIONS YOU HAVE, FEEL FREE TO GIVE ME A CALL AND WE CAN GO OVER IT OVER THE PHONE.

>> OKAY. >> ALL RIGHT. >> BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS IN -- AND RANDOLPH SAINT CYR IS RESPONSIBLE FOR THE VIOLATION. I WILL GIVE YOU 15 DAYS TO COMPLY.

TRY TO GET THIS STUFF CLEANED UP. IF NOT YOU WILL BE FINED $150

PER DAY. >> 15 DAYS -- I CAN'T REALLY -- I'M TRYING TO -- I HAVE TO GET A BID OF SOMEONE TO COME. [INAUDIBLE] I HAVE TO GET SOMETHING STARTED AND PEOPLE -- SOME PEOPLE COME -- CAME BY LOOKING AT THEM. I HAVE TO MAKE SOME

ARRANGEMENTS. I JUST DON'T KNOW -- >> THIS WAS STARTED -- THIS CASE

WAS STARTED IN MARCH, MARCH 6TH TO BE EXACT. >> I DIDN'T KNOW ABOUT IT UNTIL

-- >> WELL, DO WE HAVE YOUR CORRECT MAILING ADDRESS?

>> YES, YOU DO. >> OKAY. WELL, IF YOU DON'T GET THIS DONE , I SAID 15 DAYS AND IF YOU HAVE PROBLEMS CALL THE CITY AND THEY WILL HELP YOU, BUT IF NOT,

YOU ARE GONNA BE ASSESSED A FINE OF $150 PER DAY. >> ALL RIGHT.

I WILL TRY -- I WILL TRY AND SEE WHAT I CAN DO TO KEEP THE CITY INFORMED.

>> ALL RIGHT. THANK YOU. YOU HAVE 30 DAYS TO APPEAL.

ALL RIGHT? >> ALL RIGHT. >> BYE.

>> THANK YOU. >> OUR NEXT CASE IS 23-164, 604AZALEA AVENUE, COLE DETTMAN.

>> THIS IS 604AZALEA AVENUE. CASE INITIATED ON JANUARY 26TH OF 2023.

OWNER IS COLE DETTMANN AND SAME ADDRESS LISTED ABOVE. VIOLATIONS ARE SECTION 30-28, SUBSECTION C, RESPONSIBILITY OF CONTAINERS, SECTION 24-19, 20, 21, SUBSECTION 10, SUBSECTION B FOR NONOPERABLE VEHICLES, 24-919, 20, 21, SUBSECTION 1 AND 5 FOR OUTSIDE STORAGE AND SECTION 24-19, 20, 21, SUBSECTION 4 FOR PARKING OTHER THAN PAVEMENT.

THE CORRECTIVE ACTION IS TO REMOVE ALL TRASH AND RECYCLING CONTAINERS TO THE SIDE OR THE REAR OF THE HOME. TO REMOVE OR REGISTER THE BOAT AND TRAILER AND ANY OTHER NON-OPERABLE VEHICLES LOCATED ON THE PROPERTY AND TO REMOVE ALL TRASH, TOOLBOXES AND OTHER OUTSIDE STORAGE ITEMS LOCATED THROUGHOUT THE YARD. AND TO PLEASE REFRAIN FROM PARKING ALL VEHICLES ON THE GRASS. THE CITY IS REQUESTING THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST KPWH -- AND A FINE OF $150 A DAY BE ASSESSED.

[02:50:08]

>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY ASSESS? >> THEY DO.

>> ARE THEY DATE AND TIME STAND -PD SOME. >> WE WILL MOVE IN COMPOSITE

EXHIBIT THE -- AS EXHIBIT 1 THE PHOTOGRAPH. >> THEY WILL BE ADMITTED AS SUCH. I FIND THAT COLE DETTMANN IS NOT PRESENT AND NEITHER IS THERE A REPRESENTATIVE ON HIS BEHALF. HOWEVER, BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 604 AZALEA AVENUE AND HE IS THE PARTY RESPONSIBLE FOR.

IT I GIVE HIM 10 DAYS TO COMPLY OR A FINE OF $150 BE ASSESSED. 30 DAYS TO APPEAL.

>> THANK YOU. >> NEXT CASE IS 23-05, 502 QUINCY AVENUE, CQI UNLIMITED

LLC. >> THIS IS CASE 23-05, 502, QUINCY AVENUE.

THE CASE INITIATED ON JANUARY 9TH OF 2023. THE OWNER IS CQI UNLIMITED LLC OF 1618 NORTH 19TH STREET IN FORT PIERCE, FLORIDA. VIOLATIONS ARE 24-19, 20, 21, SUBSECTION 10 AND SUBSECTION D FOR NONOPERABLE VEHICLES. THE CORRECTIVE ACTION IS TO REMOVE NONOPERABLE VEHICLES LOCATED IN THE BACK OF THE YARD OF THE PROPERTY.

THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY OR A FINE OF $150 PER DAY BE ASSESSED.

S. >> DO YOU HAVE PHOTOGRAPHS THAT FAIRLY AND ACCURATELY DEPICT

WHAT YOU OBSERVED. >> THEY DO. >> ARE THEY DATE AND TIME STAND.

>> THEY R-FPLT. >> WE WILL MOVE IN SUCH PHOTOGRAPHS.

>> THEY WILL BE AT MITT -- ADMITTED AS SUCH. >> ALL RIGHT.

I FIND CQI UNLIMITED LLC IS NOT HERE AND NEITHER IS A REPRESENTATIVE OF THE ORGANIZATION'S BEHALF. HOWEVER I FIND THAT THERE IS A VIOLATION AND THE VIOLATOR WILL BE GIVEN 10 DAYS TO COME OR A FINE OF $150 PER DAY BE ASSESSED.

AND YOU HAVE 30 DAYS TO APPEAL. >> THANK YOU. >> YOU'RE WELCOME.

>> NEXT CASE IS 23-03, 291610TH -- SOUTH 10TH STREET ALEJANDRO CALDERON AND

RAUL CALDERON. >> THIS IS 23-03, 2916 SOUTH 10TH STREET AND INITIATE OWED JANUARY 9TH OF 2023. THE OWNER IS ALEJANDRO CALDERON AND RAUL CALDERON.

THE VIOLATIONS ARE IPMC24-19, 20, 21, SUBSECTION 4 FOR PARKING ON OTHER THAN PAVEMENT AND IPMC 2402 PROTECTIVE TREATMENT. THE CORRECTIVE ACTION IS REFRAIN FROM PARKING ON GRASS AT ALL TIMES AND PRESSURE WASH HOME WHERE MOLDING OR DETERIORATION HAS OCCURRED.

THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTSES VIOLATOR BE GIVEN 10 DAYS TO COMPLY OR A VIOLATION OF $150 PER DAY BE ASSESSED.

>> DO YOUR PHOTOGRAPHS FAIRLY AND ACCURATELY DE -- DEPICT THE VIOLATION?

>> THEY DO. >> WE WILL MOVE IN AS COMPOSITE EXHIBIT 1 THE PHOTOGRAPHS.

>> THEY WILL BE ADMITTED AS SUCH. I FIND THAT ALEJANDRO CALDERON, NEITHER RAUL CALDERON ARE PRESENT, BUT BASED ON THE TESTIMONY PRESENTED I FIND THE VIOLATION EXISTS AT 2916 SOUTH 10TH STREET AND THEY ARE THE PARTIES RESPONSIBLE FOR THE VIOLATION. I WOULD GIVE THEM 10 DAYS TO COMPLY OR A FINE OF $150 PER DAY

WILL BE ASSESSED. 30 DAYS TO APPEAL. >> THANK YOU.

>> OUR LAST CASE IS 22-843, 1410 NORTH 25TH STREET, FORT PIERCE COMMERCIAL PROPERTIES

LLC. >> THIS IS 22-847, 1410 NORTH 25TH STREET.

THE CASE INITIATED ON MARCH 2ND OF 2022 AND THE VIOLATOR IS TPHO*ERT PIERCE COMMERCIAL PROPERTIES OF 1920 PALM BEACH LAKES BOULEVARD AND SUITE 207 IN WEST PALM BEACH, FLORIDA. VIOLATION IS 24-19, NUISANCE AS AN OPTION, SUBSECTION 5.

IPMC -- SIDEWALKS AND DRIVEWAYS AND SECTION 11 -- 117-3 SUBSECTION B FOR REMOVAL OF SIGNS. ON NOVEMBER 2ND OF 2022, SPECIAL MAGISTRATE FOUND -- OH.

>> WE WERE TRYING TO FIND WHICH ONE YOU ARE ON. >> 6A.

>> SORRY. >> 6A. YES.

>> ON NOVEMBER 2ND OF 2022, SPECIAL MAGISTRATE FOUND THE VIOLATOR -- FOUND THE VIOLATOR

[02:55:08]

TERMED. IS TO BE DETERMINED. >> SO WE ARE AT THE POINT, SPECIAL MAGISTRATE, WHERE WE WOULD BE IMPOSING A LIEN. THEY REQUESTED A HEARING UNDER MASSEY CASE LAW TO OPPOSE THE $100 PER DAY THAT HAS BEEN ACCRUING AND OPPOSE THE LIEN BEING ENTERED. WE SENT THEM NOTICE FOR TODAY'S HEARING I WANT TO CONFIRM?

>> YES. IT WAS A HEARING AT THEIR REQUEST.

>> AND SO AT THIS POINT WE WOULD REQUEST THAT THE FINES BE IMPOSED AND THE LIEN BE IMPOSED

AND WITH YOUR PERMISSION PROCEED FORWARD. >> ALL RIGHT.

BASED ON THE REPRESENTATIONS MADE, I WILL PROCEED WITH THE HEARING AND IMPOSE THE FINES AND

THE LIEN. >> OKAY. I WANT TO CONFIRM, DID YOU START THE FINES OR DID YOU NOT START THE FINES YET BECAUSE OF THE LETTER?

>> JUST A SECOND. >> YOU MAY NOT NEED TO IMPOSE THE LIEN YET, SPECIAL MAGISTRATE. IT MAY JUST BE TO BEGIN THE FINES.

>> GO AHEAD AND IMPOSE THE FINES. >> LET ME DOUBLE CHECK.

>> I BELIEVE WHEN PEGGY SENDS HER 20-DAY LETTER, THAT MEANS THEY ARE ALREADY STARTED

RUNNING. >> IT LOOKS LIKE THE REQUEST THAT THEY MADE IS TO DISCUSS THE FINES AT THE PROPERTY AT 1410 NORTH 25TH STREET. SO THERE IS ALREADY FINES --

>> FINES IMPOSED? >> YEAH. THEY WERE ASKING TO BASICALLY

STOP THE FINES. >> CORRECT. IT LOOKS LIKE AN AFFIDAVIT OF NONCOME -- NONCOMPLIANCE WAS FILLED OUT ON JANUARY 11TH OF THIS YEAR.

>> CORRECT. SO THE PROPERTY IS STILL NOT IN COMPLIANCE.

>> AND SO THEN WE WOULD BE RUNNING THE FINES AND ASK THEY CONTINUE TO RUN.

>> YES. >> YES, MA'AM. >> CONTINUE THE FINES.

OKAY. ANYTHING FURTHER? >> NOT FOR ME, NO.

>> MADAM CLERK, FOR THE PARTIES NOT PRESENT, HOW WERE THEY NOTIFIED?

>> FOR CASES REQUIRING A HEARING STATE STATUTE, A NOTICE OF HEARING WAS SEPTEMBER TO THE VIOLATOR -- SENT TO THE VIOLATOR CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED IT IS PLACED IN THE FILE. IF IT IS RETURNED UNCLAIMED THERE IS A NOTICE OF HEARING SENT TO THE VIOLATOR REGULAR MAIL. 10 DAYS PRIOR TO THE HEARING A NOTICE OF HEARING IS POSTED ON THE BALL -- BULLETIN BOARD ON CITY HALL AND IT IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED.

FOR CASES NOT MANDATED BY STATE STATUTE, MAILING OF THE NOTICE OF HEARING ARE HANDLE IN THE SAME MANNER DATED PRIOR. IF THE GREEN CARD IS RETURNED UNSIGN,ED UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN

CITY HALL. >> ALL RIGHT. ANYTHING ELSE?

>> NO, MA'AM. >> NO, MA'AM. >> WE ARE ADJOURNED.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.