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[00:00:06]

MAGISTRATE MARJZ /*. >>SPECIAL MAGISTRATE: GOOD MORNING, MY NAME IS FRAN ROSS AND I AM THE SPECIAL MAGISTRATE THAT WILL RESIDE OVER TODAY'S HEARINGS.

YOU ARE HERE FOR ONE OR TWO REASONS.

ONE, YOU PROBABLY RECEIVED A PARKING CITATION AND YOU WISH TO BASICALLY CONTEST IT. OR, TWO, YOU MAY BE HERE PAUSE YOU RECEIVED NOTICE THAT YOU ARE PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CITY CODE OR ORDINANCE YOU HAVE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT AND HAVE NOT DONE SO. THOSE WHO WISH TO IT BE HEARD, I WILL CALL YOUR CASE SHORTLY. ANYBODY NEED AN INTERPRETER? WE ARE BEING TELEVISED. SO PLEASE BE CAW SMUS OF THAT WHEN YOU COME FORWARD. N NOW, IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF ALLEG ALLEGIANCE.

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

ONE NATION UNDER GOD, US FOR ALL. WITH LIBERTY AND J -

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

>>SPECIAL MAGISTRATE: THOSE OF YOU WHO WILL TESTIFY, PLEASE REMAIN AND IF STANDING TO THE CLERK CAN SWEAR YOU IN.

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

>> YES. >> THANK YOU.

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

>> OKAY, WE WILL START WITH THE IDENTIFICATION OF CASES TO BE IN COMPLIANCE AND SCHEDULED. 100 BLOCK SOUTH SECOND STREET, WILSON IRIZARRY. 100 BLOCK MARINA WAY, GARRETT.

23-THE 66, JAYCEE PARK, LIGHTENBAUER.

23-204, CAUSEWAY PARK, FLICKINGER.

23-659, BLOCK MELODY LANE, DAVIS.

23-6 80 JAYCEE PARK, LUNDY. 23-684, JAYCEE PARK RODRIGUEZ.

23-752, 100 MARINA WAY, N BIRKMEYER.

23-395 NORTH INDIAN DRIVE, CORTES.

23-481, NORTH INDIAN RIVER DRIVE, FEBRUARYING.

23-480 SOUTH CAUSEWAY PARK, MATTHEWS.

23-470, JAYCEE PARK, GUERRERO. 23-571 SOUTH CAUSEWAY PA PARK, FAVUZZA. 23-616 KIMBERLY BERGALIS PARK, OPTIMAL ADVANTAGE INC. 3-600, CAUSEWAY PARK, ALLEN.

3-953, 100 ORANGE AVENUE, OS ST STEIN. 3-1273, BLOCK ORANGE AVENUE, JONES. 23-1326, 100 BLOCK MARINA WAY, WILCOX. 23-123, NORTH DEPOT DRIVE, ROMANO. 23-429, 4200 OKEECHOBEE ROAD, RENAISSANCE BUSINESS PARK, LCC. 23-218, SOUTH CAUSEWAY PARK, EAN HOLDINGS. 23-469, JAYCEE PARK, EAN

[Q. 23-390PK 100 Blk Depot Drive Ryan Burch Michael Rabenecker]

HOLDINGS. OUR FIRST CASE WILL BE 23-3990, 100 BLOCK DEPOT DRIVE, RYAN BUR

BURKE. >> SORRY, WHAT LETTER?

>> Q. ABOUT.

>>SPECIAL MAGISTRATE: GOOD MORNING.

>>MICHAEL RABENECKER: GOOD MORNING, YOUR HONOR.

MY NAME IS MICHAEL RABENECKER, I M FLOYD WITH THE CITY OF FORT PIERCE AS A PARKING ENFORCEMENT SPECIALIST.

23-390 A PARKING CITATION AT 100 BLOCK DEPOT DRIVE.

THE CASE INITIATED FEBRUARY 9, 2023.

A REGULAR CITATION APPEAL. THE VIOLATORS IN THE CASE K5I78 BACK AS A RYAN BURCH. CITATION 19011, A PARKING

[00:05:01]

CITATION OF 31- 1A. IMPROPER PARKING.

THE CITY IS ASKING A $50 FINE, $10 A ADMINISTRATIONS AND LATE FEE OF $10 OF TOTAL OF $78. IF THE SPECIAL MAGISTRATE FINDS IT EXISTS WILL PAY THE FINE ABOVE.

I HAVE PHOTOS TO INTRODUCE THAT ARE DATE AND TIME STAMPED AND ACCURATE PORTRAY THE VIOLATIONS AS I WITNESSED IT.

>> IF YOU HAVE SEEN THE FORECAST.

HAVE YOU SEEN THEM, SIR? >> I HAVEN'T.

I HAVE A COPY OF THE CITATION. I HAVEN'T SEEN PHOTOGRAPHS.

>> YOU CAN TAKE A LOOK AT THEM BEFORE WE MOVE THEM INTO

EVIDENCE. >> IT LOOKS LIKE MY TRUCK.

IT IS ACCURATE. YE

YEP. >> IF I CAN HAVE MY PAPER CLIP BOX. AT THIS TIME, THE CITY WILL MOVE INTO COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.

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

ANYTHING FURTHER? >>MICHAEL RABENECKER: NO, YOUR

HONOR. >>SPECIAL MAGISTRATE: SIR, STATE

YOUR NAME. >> RYAN BURCH.

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

>> HOW DO I RESPOND, WHAT? I PARKED ILLEGALLY.

I WAS PARKED ILLEGALLY, YEAH. >>SPECIAL MAGISTRATE: ALL RIGHT.

DO YOU WISH TO CONTINUE WITH THAT HEARING THEN.

>> NO, I THOUGHT I HAD TO BE HERE TO PAY THE FINE.

I CAN PAY $78. THAT IS FINE.

>>SPECIAL MAGISTRATE: I MEAN, IF YOU WANT TO BE HEARD, YOU CAN.

BUT -- >> NO, I -- WAS I ABLE TO PAY WITHOUT COMING HERE. I WASN'T TOO SURE.

>>SPECIAL MAGISTRATE: YEAH. >> I WASN'T TOO SURE.

I SAW THIS IN THE MAIL. SO HERE I AM.

>>SPECIAL MAGISTRATE: OKAY. ANYTHING FURTHER FROM THE CITY?

>> NO, MA'AM. >>SPECIAL MAGISTRATE: ALL RIGHT, THEN -- BASED ON THE TESTIMONY AND EVIDENCE PRESENTED, I FIND THAT A VIOLATION EXISTS AND THAT YOU ARE RESPONSIBLE FOR IT.

ILLINOIS POSE A $50 FINE, ADDS 10 ADMIN FEE.

USUALLY I IMPOSE A $18 LATE FEE TOO, BUT YOU DIDN'T REALIZE YOU COULD JUST PAY THE TICKET WITHOUT COMING.

>> I DID NOT REALIZE THAT. I -- I GUESS I DIDN'T READ THE

WHOLE THEY THINK, SO -- >>SPECIAL MAGISTRATE: THAT'S

OKAY. >> I WAS DOWNTOWN ALREADY.

I DIDN'T REALIZE THAT. >>SPECIAL MAGISTRATE: OKAY.

THEN, AGAIN, I WILL FIND THAT YOU ARE RESPONSIBLE FOR THE VIOLATION AND IMPOSE A $50 FINE AND $10 ADMIN FEE FOR A TOTAL OF

$60. >> OKAY.

>>SPECIAL MAGISTRATE: NEXT TIME READ THOSE DOCUMENTS BECAUSE THERE WAS AN ADDITIONAL $18 THAT I COULD HAVE IMPOSED.

I DON'T WANT TO, ALL RIGHT. >> YES, MA'AM.

>>SPECIAL MAGISTRATE: YOU HAVE 14 DAYS TO PAY.

FAILURE TO PAY COULD RESULT IN THE CASE BEING SENT OVER TO THE COUNTY COURT SYSTEM WHERE YOU CAN INCUR ADDITIONAL GUYS AND COSTS. YOU HAVE 30 DAYS TO APPEAL.

>> OKAY. >>SPECIAL MAGISTRATE: HOW DO YOU NEED TO PAY THAT -- YOU NEED TO PAY IT WITHIN 14 DAYS.

>> I CAN PAY IT RIGHT NOW WHEN I LEAVE.

>> I AM WORK ON THIS RIGHT NOW. >>SPECIAL MAGISTRATE: I HAVE SOMEBODY THAT -- ALL RIGHT, THANK YOU.

>> THANK YOU. >>SPECIAL MAGISTRATE: YOU ARE

WELCOME. >>MICHAEL RABENECKER: THANK YOU,

YOUR HONOR. >>SPECIAL MAGISTRATE: WELCOME.

THANK YOU. IS THE NEXT ONE MINE?

>> NO, BUT SOMEONE WILL SHOW YOU HOW -- YOU WILL GO UPSTAIRS TO

[A. 23-431 CE 2898 S Kings Hwy Boudrias Groves Inc. Isaac Saucedo]

THE FINANCE DEPARTMENT. I AM SENDING THEM A NOTICE RIGHT

NOW. >> OUR NEXT CASE WILL BE 23-4 1, 2898 SOUTH KINGSHIGHWAY. BOUDRIA ROSE INC.

-- BOUDRIAS GROVES INC. 5-A.

>>ISSAC SAUCEDO: CASE NUMBER 423-431 SOUTH KINGSHIGHWAY.

THE CASE FEBRUARY 21 OF THIS YEAR AND THE OWNER IS BOUDRIAS GROVES, INC. OF 81 OKEECHOBEE ROAD.

THE VIOLATION 401, WINDOWS, SKYLIGHTS AND DOOR FRAMES, EXETER COMBROOR WALLS, AROUND SECTION 117-3, SUBSECTIONSB, REMOVAL OF SIGNS. THE CORRECTIVE ACTIONS TO TO REPAIR ALL BROKEN WINDOWS LOCATED THROUGHOUT THE BUILDING.

TO REPAIR ALL ROTTEN WOOD THROUGHOUT THE BUILDING AND REPAIR ALL DETERIORATED SIGNS LOCATED ON THE PROPERTY.

THE CITY IS REQUESTING THAT IF A SPECIAL MAGISTRATE FINDS A FINE TO EXIST, TEN DAYS TO COMPLY -- TEN DAYS GIVEN TO OBTAIN A PERMIT AND APPLY TO ALL PERMIT CONDITIONS OR A FINE $OF 150 PER

[00:10:05]

DAY BE ASSESSED. I HAVE PHOTOS HERE THAT SHOW THE VIOL VIOLATIONS.

>> AT THIS TIME, THE CITY WILL MOVE INTO COMPOSITE SXIBT 1, THE

PHOTOGRAPHS. >>SPECIAL MAGISTRATE: THEY WILL

BE ADMITTED AS STUFF. >>SPECIAL MAGISTRATE: ANYTHING

FURTHER. >>ISSAC SAUCEDO: NOT FROM ME,

NO. >>SPECIAL MAGISTRATE: WELL, NO ONE FROM BOUDRIAS GROVES IS HERE.

ALL RIGHT. OKAY.

BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, HE FIND THAT A VIOLATION EXISTS AND THAT BOUDRIAS GROVES, INC. IS THE PARTY RESPONSIBLE FOR THE VIOLATION.

DO YOU THINK THEY CAN GET A PERMIT WITHIN TEN DAYS OR JUST

START THE ACTION PROCESS? >>ISSAC SAUCEDO: I ACTUALLY HAD A COMMUNICATION WITH THEM WHEN THE CASE WAS OPEN.

IT IS MY UNDERSTANDING THAT THIS PROPERTY WAS INHERITED TO THE SON. AND THAT MOMENT, HE DID TELL ME THAT HE WAS GOING THROUGH SOME SORT OF FINANCIAL HARDSHIP HAND THIS HE WASN'T ABLE TO OBTAIN ANY PERMITS OR ANYTHING LIKE THAT. I MEAN, CAN HE GET A PERMIT IN TEN DAYS? IT'S KIND OF QUESTIONABLE.

I AM NOT EXACTLY SURE, BUT, I MEAN, GIVEN THE FACT THAT THE CASE HAS BEEN OPEN SINCE FEBRUARY, IRNG THAT IS SUFFICIENT TIME TO OBTAIN PERMITS IF THEY ARE GOING TO GO

THAT ROUTE. >>SPECIAL MAGISTRATE: I AM SURPRISED. I HAVEN'T BEEN THAT WAY IN A

LONG TIME. >> SPECIAL MAGISTRATE, I THINK YOU CAN DO THE ORDER TO GIVE THEM TEN DAYS TO COMPLY WITH ANYTHING THAT DOES NOT REQUIRE A PERMIT.

GIVE THEM TEN DAYS TO APPLY FOR A PERMIT.

AND MAYBE 60 DAYS TO OBTAIN IT TAMPA I DON'T THINK -- IF IT HAS NOT BEEN APPLIED FOR IT CAN BE OBTAINED WITHIN TEN DAYS.

>>SPECIAL MAGISTRATE: I DON'T WANT TO PENALIZE AND COME BACK IN AND REVISIT THIS. ALL RIGHT, BASED ON EVIDENCE AND TESTIMONY PRESENTED I FIND THAT POOUDRIAS GROVES COUNTY PARTY RESPONSIBLE FOR THE VIOLATION.

NO ONE IS HERE ON BEHALF O OF BOUDRIAS GROVES.

HOWEVER, I WILL GIVE HIM -- I WILL GIVE HIM 14 DAYS TOECHL START THE PERMIT PROCESS, OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF $150 PER DAY BE ASSESSED.

30 DAYS TO APPEAL. >>ISSAC SAUCEDO: THANK YOU.

>>. >> I THINK -- MAYBE IT WOULD BE PRUDENT TO GIVE THEM A DEADLINE TO COMPLY AND CURE THE VIOLATIONS AFTER OBTAINING THE PERMIT AS WELL.

SO THAT SIMPLY GETTING -- OR STARTING THE PERMIT DOESN'T -- THAT WILL NOT CURE THE VIOLATIONS THEMSELVES.

>>SPECIAL MAGISTRATE: OH, I DID PERMIT CONDITIONS OR A FINE OF -

$150. >> YES, MA'AM, YOU ANNOUNCE IT 14 DAYS TO START THE PERMIT PROCESS.

I THINK AS YOU ARE AWARE, A LOT OF TIMES PERMITS GETS DENIED.

SO I THINK IF IT IS LEVEL THAT WAY, JUST SIMPLY APPLYING IF IT GETS DENIED WILL BE COMPLYING WITH YOUR ORDER.

SO I WOULD ASK THAT IT IT BE MAYBE SAY 14 DAYS TO APPLY OR START THE PERMITTING PROCESS AND HAVE THAT PERMIT OBTAINED WITHIN X NUMBER OF DAY AND COMPLY WITH THE PERMIT.

>>SPECIAL MAGISTRATE: OKAY. IT IS NOT ALWAYS EASY, I KNOW.

>> YES, MA'AM. >>SPECIAL MAGISTRATE: I WILL ADOPT RECOMMENDATION FROM COUNSEL FOR 14 DAYS TO OBTAIN A PERMIT, COMPLY WITH ALL PERMIT CONDITIONS, OR A FINE OF $150 PER DAY BE ASSESSED. DID I COVER --

>> SO THEN WILL IT BE 60 DAYS TO OBTAIN IT.

THEY HAVE TO APPLY WITHIN 14. AND 60 DAYS TO OBTAIN IT.

>>SPECIAL MAGISTRATE: SEE, I DON'T KNOW HOW LONG IT WILL TAKE

A CITY TO GIVE IT, TO ISSUE IT. >> SPECIAL MAGISTRATE, THE PROCESS FOR APPROVAL IS ACTUALLY NOT THAT CHALLENGING SLOONGS THE INFORMATION THAT IS PROVIDED IS COMPLETE AND ACCURATE.

>>SPECIAL MAGISTRATE: OKAY. >> AND JUST TO REFRESH EVERYONE'S MEMORY, STAFF DOES HAVE THE ABILITY TO EXTEND UP TO 90 DAYS ADMINISTRATIVELY IF -- SO IF THERE IS AN ISSUE THAT IS BROUGHT TO OUR ATTENTION AND THEY TRIED.

IT WAS REJECTED. STILL IN THE PROCESS.

WE CAN DO A 90-DAY ADMINISTRATION BEFORE COMING

[00:15:07]

BACK BEFORE YOU. >>SPECIAL MAGISTRATE: OKAY.

ALL RIGHT, THEN I WILL GIVE THEM, AGAIN, 14 DAYS TO OBTAIN A PERMIT, APPLY OF ALL OF THE PERMIT CONDITIONS.

AND HOW OFTEN DO YOU WANT ME TO DO THAT?

>> SO I THINK THE -- IT WOULD BE 14 DAYS TO APPLY FOR THE PERMIT.

60 DAYS TO OBTAIN THE PERMIT. AND COMPLY WITH ALL PERMIT

CONDITIONS. >>SPECIAL MAGISTRATE: OKAY.

ALL ADOPT THAT INTO THE ORDER. MADAM CLERK, DID YOU GET THAT?

[B. 23-426 CE 3300 Okeechobee Rd Southern Bell Tel And Tel Isaac Saucedo]

>> YES, I DID. >>SPECIAL MAGISTRATE: 30 DAYS TO

APPEAL. >> THANK YOU.

OUR NEXT CASE 23-426. 33 MOUNTAIN OKEECHOBEE ROAD,

SOUTHERN BELL TELL AND TELL. >> OKEECHOBEE ROAD.

THE CASE WAS INITIATED ON MARCH 8, 2023.

THE OWNER IS SOUTHERN BELL TELL AND TELL.

WITH AN ADDRESS OF 1010 PINE STREET IN ST. LOUIS, MISSOURI.

THE VIOLATIONS ARE 304.9 FOR OVERHANG EXTENSIONS.

THE CORRECTIVE ACTION WAS TO REPAIR ALL DETERIORATED AWNINGS LOCATED THROUGHOUT THE BUILDING. THE CITY DOES -- IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST AND TO COMPLY OR A FINE OF $150 A DAY WILL BE ASSESSED.

I HAVE PHOTOS TO SHOW THE VIOLA

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

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

ANYTHING FURTHER. >>ISSAC SAUCEDO: NOT FOR ME, NO.

>>SPECIAL MAGISTRATE: I SEE THAT SOUTHERN BELLTEL ANDTEL IS NOT PRESENTLY NEITHER IS A REPRESENTATIVE ON THEIR BEHALF.

BASED ON THE TESTIMONY PRESENTED I FIND THEY ARE GUILTY OF THE VIALS AND I WILL GIVE THEM -- ONLY THING IS WE ARE DEALING WITH A CORPORATION OUTSIDE OF THE STATE OF FLORIDA.

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

PLEASE. >> I ACTUALLY HAD COMMUNICATION WITH THEM ALSO WHEN THE CASE WAS OPEN.

THEY TOLD ME THEY WERE GOING TO HAVE IT COMPLIED WITH -- WITHIN DAYS AFTER I SPOKE TO THEM. NO PERMITS HAVE BEEN PULLED.

NOTHING HAS BEEN DONE. NOT EVEN AN ATTEMPT TO REPAIR, YOU KNOW, SOME OF THE AWNINGS OR REMOVE WHAT IS DETERIORATED.

SO I ONLY HAD A COMMUNICATION WITH THEM ONCE.

I HAVEN'T HEARD FROM THEM AGAIN. BUT THEY ARE AWARE.

THEY DID RECEIVE NOTICE. >>SPECIAL MAGISTRATE: OKAY.

ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED AGAIN I FIND THAT SOUTHERN BELL TEL AND TEL DO NOT HAVE A REPRESENTATIVE HERE AND THE VIOLATION EXISTS.

I GIVE THEM 14 DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED. THEY HAVE 30 DAYS TO APPEAL.

[C. 23-428 CE 5221 Okeechobee Rd Public Storage Inc Isaac Saucedo]

>>ISSAC SAUCEDO: THANK YOU. >>SPECIAL MAGISTRATE: YOU ARE

WELCOME. >> ONE MORE.

>> THIS ONE HAS COMPLIED. >>ISSAC SAUCEDO: THAT HAS

COMPLIED. >> NEVER MIND.

YOU KNOW -- I DON'T THINK YOU READ THAT INTO THE COMPLIED ONE, BUT SPECIAL MAGISTRATE, THAT WAS MY CHILD AND WE MOVED THAT UP

TOP THIS MORNING. >> OKAY, THAT IS FINE.

JUST FOR RECORD PURPOSES, WE WANT TO SAY WHICH ONE WE ARE TALKING ABOUT CASE 3-4 HAD 28, 5221 OKEECHOBEE ROAD PUBLIC

[D. 23-386 CE 119 Wisteria Avenue JEAN S P HARVEY Heather Debevec]

STORAGE, INC. COMPLIED. >> OUR NEXT ONE 23-386, 1119 QUESTIONS TERESA AVENUE. JEAN S. P. HARVEY.

>> THIS IS CASE NUMBER 23-386, 119 WISTERIA AVENUE OWNED BY JEAN HARVEY. CASE FEBRUARY 24 AND CONTINUED FOR MAY 3 WITH A 30-DAY EXTENSION.

SECTION 123HORN 137 LANDSCAPE MAINTENANCE.

THAT SHE TRIM THE TREES TO BE SIX FEET FROM THE GROUND AND TRIM BUSHES AT THE FRONT OF THE HOME TO BE MORE THAN FOUR FOOT TALL AND TO GIVE A NEAT APPEARANCE.

THE CITY RECOMMENDS THAT THE VIOLATION EXISTS AND VIOLATION BE GIVEN TEN DAYS TO PLY OR A FINE OF $100 PER DAY.

[00:20:05]

I MET WITH HIS HARVEY AND WE WENT OVER EVERYTHING.

THE NEIGHBOR NEXT DOOR CAME AND SAID HEY, WE HELP HER.

SOME TRIMMING HAS BEEN DONE AT THE PROPERTY BUT STILL NOT COMPLIED. SO I HAVE PHOTOS FROM THE BE BEGINNING TO JUST THE OTHER DAY -- YESTERDAY.

>> ARE THEY ALL DATE AND TIME STAMPED.

>> THEY ARE. >> DO THEY FAIRLY DEPICT THE PROPERTY AS YOU HAVE SEEN IT IN THE DATE.

>> I DO. >> EXHIBIT ONE THE PHOTOGRAPHS.

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

>>SPECIAL MAGISTRATE: ANYTHING FURTHER.

>> NOT AT THIS TIME. >>SPECIAL MAGISTRATE: MISS JEAN HARVEY IS NOT HERE OR SOMEONE ON HER BEHALF.

BASED ON THE TESTIMONY I FIND THAT A VIOLATION EXISTS AND SHE IS RESPONSIBLE FOR VIOLATION. I WILL GIVE HER TEN DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED.

30 DAYS TO APPEAL. >> THANK YOU.

[A. 23-594 PK Orange Ave Jocelyne Joseph Larry Stephens]

OUR NEXT CASE IS 23-5934 ORANGE AVENUE.

JOCELYNE JOSEPH. AND WILL STEVENS, WHEN YOU ARE

READY. >> GOOD EVENING, YOUR HONOR.

I AM LARRY STEPHENS, CODE ENFORCEMENT OFFICER OF THE CITY OF FORT PIERCE. THE CASE BEFORE YOU IS 23-594.

IT WAS GIVEN ON ORORANGE AVENUEO MISS JOCELYNE JOSEPH.

CITATION NUMBER IS 18162, CODE 34-31, TWO-HOUR PARKING.

FINE $50, ADMIN FEE AT $10, AND LATE FEE OF $18.

TOTAL $78. THE CITY RECOMMENDS THAT THE SPECIAL MAGISTRATE TO FIND THE VIOLATION EXIST VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE.

ITCH PICTURES DOES IT FAIRLY AND ACCURATELY DESCRIBE THE

SITUATION AS YOU OBSERVED IT? >> YES, I DO.

>> MOVE INTO EXHIBIT 1 THE PHOTOGRAPHS.

>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED.

>> MR. STEPHENS, THE PHOTOS DATE AND TIME STAMPED TO SHOW THE

TWO-HOUR VIOLATION? >> YES, MA'AM.

>>SPECIAL MAGISTRATE: THANK YOU. ANYTHING FURTHER.

>> NOT AT THIS TIME, MA'AM. >>SPECIAL MAGISTRATE: ALL RIGHT, I FIND THAT JOCELYNE JOSEPH IS NOT PRESENT, NEAR SOMEBODY ON HER BEHALF. WITH THE EVIDENCE GIVEN, I FIND HER GUILTY TO BE ASSESSED FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $ $78. PAYABLE WITHIN 14 DAYS, THE PARTY SHOULD BE NOTIFIED FAILURE TO PAY THE MONEY DUE IN THE PERIODS OF TIME CAN BE TRANSFERRED TO THE COUNTY COURT SYSTEM WHERE SHE WILL INCUR ADDITIONAL GUYS AND COSTS.

[B. 23-662 PK South Causeway Jerome Termaine Freeman Larry Stephens]

30 DAYS TO APPEAL. >> THANK YOU.

>>SPECIAL MAGISTRATE: YOU ARE WELCOME.

>> 23-662, SOUTH CAUSEWAY PARK. JEROME TER MAINE FREEMAN.

>> YOUR HONOR, THIS CASE IS THIS THIS CASE INDICATED -- SORRY,ED CASE HAPPENED AT SOUTH CAUSEWAY.

IT HAPPENED MARCH 11, 2023 TO MR. JEROME FREEMAN, THE VIOLATORS THIS CITATION NUMBER 18164, CODE SECTION 34-31-C, RESTRICTED.WE ARE ASKING FINE IS $50, ADMIN FEE IS $10 AND LATE

[00:25:02]

FEE IS $18 WITH TOTAL OF $78. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT A VIOLATION EXISTS THAT THE VIOLATOR BE ASSESSED THE TOTAL AMOUNT INDICATED ABOVE.

FAILURE TO PAY SUCH A FINE WILL BE CITATION FORWARDED TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS.

>> DO THEY FAIRLY AND ACCURATELY DEPICT THE SITUATION AS YOU

OBSERVED? >> YES, MA'AM.

>> MOVE INTO IT COMPOSITE 1, THE PHOTOGRAPHS.

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

>>SPECIAL MAGISTRATE: I FIND THAT JEROME FREEMAN IS NOT PRESENT. NEITHER IS A REPRESENT ON HIS BEHALF. I FIND THAT A VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION.

I WILL ASSESS FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THAT AMOUNT SHOULD BE PAID WITHIN 14 DAYS. FAILURE TO PAY COULD RESULT IN THE CASE BEING SENT OVER TO THE COUNTY COURT SYSTEM.

30 DAYS TO APPEAL. >> THANK YOU.

[E. 23-979PK South Causeway Park Walter Westmoreland Michael Rabenecker]

>> THANK YOU. >>SPECIAL MAGISTRATE: YOU ARE

WELCOME. >> I AM GOING TO JUMP INTO A TELE TELEPHONIC.

>> THIS ONE IS 4-E.

>> HELLO. >> GOOD MORNING.

IS THIS WALTER. >> THIS IS HE.

>> GOOD MORNING, THIS IS KATHERINE CALLING YOU LIVE IN THE COMMISSIONER CHAMBERS THIS MORNING WITH THE SPECIAL MAGISTRATE. WE WILL LET THE CITY PRESENT THEIR CASE FIRST AND YOU HAVE A CHANCE TO SPEAK AFTER.

OKAY? >> YES, MA'AM.

>> I AM GOING TO GO AHEAD AND SWEAR YOU IN.

ALL RIGHT, PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME

FOR THE RECORD. >> WALTER.

>> DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO

GIVE SHALL BE THE TRUTH. >> YES, MA'AM, I DO.

>> MR. MR. RABENECKER PRESENTS, SPECIAL MAGISTRATE, THIS IS A CITATION THAT WE ARE GOING TO BE AMENDING FROM 34-31 SUBSECTIONSA TO 34-31, SUBSECTIONS E. SO -- SO ON THE PHONE, CAN YOU

HEAR ME? >> YES, MA'AM.

>> OKAY. IF I CAN, WHAT I AM GOING TO DO REAL QUICK. A LITTLE DIFFICULT SINCE YOU ARE ON THE PHONE. I WILL READ TO YOU THE TWO DIFFERENT CODE SECTIONS AND ASK IF YOU WOULD LIKE TO PROCEED TODAY UNDERSTANDING THAT IT WILL BE UNDER THE NEW CODE SECTION OR WHETHER GIVEN THE LATE NOTICE OF THIS, YOU WOULD LIKE US TO RESET THIS FOR A LATER HEARING. OKAY.

>> OKAY. >> SO HOW YOU ARE CURRENTLY CHARGED ON THE CITATION IS UNDER SUBSECTIONS A, IMPROPER PARK.

READS ON OUR CODE ANY VEHICLE STOPPED, STANDING AND ON A SINGLE PARKING SPACE ON CITY-OWNED PARKING GARAGE, PUBLIC STREET OR OTHER PROPERTY SHALL BE PARKED WITHIN THE LINES MARKED FOR SUCH SINGLE PARKING SPACE.

UNLAWFUL TO STOP, STAND OR PARK ANY VEHICLE ACROSS ANY SUCH LINE OR MARK OR TO PARK SUCH VEHICLE IN ANY SUCH WAY THAT THE SAME SHALL NOT BE WITHIN THE AREAS DESIGNATED BY SUCH LINES OR MARKINGS FROM THAT SINGLE PARKING SPACE.

SUBSECTIONS E, HOW WE WILL BE PROCEEDING, IS PARKING PROHIBITED/LIMITED. IT READS WHEN SIGNS ARE ERECTED OR PAVEMENT MARKINGS ARE INSTALLED GIVING NOTICE THEREOF, NO PERSON SHALL PARK A VEHICLE AT ANY TIME UPON ANY OF THE STREETS, PARKING LOTS, SIDEWALKS, SIDEWALK AREAS OR OTHER PLACES SO DESIGNATED IN A MANNER INCONSISTENT WITH THE PROVIDED SIGNAGE OR PAVEMENT MARKINGS.

>> OKAY. >> SO THE QUESTION IS, WHETHER YOU WOULD LIKE TO PROCEED TODAY ON UNDER THE AMENDED CODE SECTION OF 34-31-E OR WHETHER YOU WOULD LIKE US TO RESET THIS TO A LATER HEARING DATE GIVEN THAT WE ARE AMENDING IT TODAY.

>> I GUESS THE ONLY REAL QUESTION I HAVE IS, WHY WAS THE

CHANGE MADE? >> AFTER REVIEWING, WE BELIEVE THAT CODE SECTION FITS MORE APPROPRIATELY TO YOUR VIOLATION.

[00:30:06]

>> OKAY. NO, I WOULD LIKE TO GO AHEAD AND PROC PROCEED.

>> YES, MA'AM. SO MR. RABENECKER, IF YOU WOULD LIKE TO GO AHEAD AND READ THE CASE IN WITH THE AMENDED CODE SECTION TO E, PARKING PROHIBITED -- PROHIBITED/LIMITED.

>>MICHAEL RABENECKER: THE CASE BEFORE YOU 23-979 PARKING VIOLATION AT SOUTH CAUSEWAY PARK.

CASE INITIATED APRIL 2, 2023. THE VIOLATION IN APPEAL.

THE VIOLATOR IS A WALTER WESTMORELAND.

CITATION NUMBER 19251, CODE SECTION 34-31E.

AMENDED. THE CITY IS ASKING THAT THAT FINE FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78 THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THAT WILL BE INDICATE THE TOTAL DUE ABOVE AND FAILURE TO PAY SUCH FINE WILL BE IN FORWARDED TO THE COUNTY COURT SYSTEM. PICTURES THAT INDICATE HOW I

WITNESSED IT. >> THE CITY WILL MOVE IT AS COMPOSITE EXHIBIT 1. SORRY, MY BRAIN.

AS MR. WESTMORELAND. WE HAVE THE APPEAL THAT YOU FILED WITH YOUR BASIS FOR YOUR APPEAL.

WOULD YOU LIKE LIKE FOR US TO MOVE THAT IN AS AN EXHIBIT FOR THE SPECIAL MAGISTRATE TO CONSIDER AS EVIDENCE?

>> YES, MA'AM, PLEASE. >> OKAY.

SO SPECIAL MAGISTRATE, I WILL MOVE THAT IN ON HIS BEHALF AS

RESPONDENT EXHIBIT 1. >>SPECIAL MAGISTRATE: IT WILL BE

ADMITTED AS SUCH. >> MR. WESTMORELAND, CAN I CONFIRM YOU GOT THE E-MAIL WITH THE PHOTOGRAPHS.

>> YES, MA'AM. >> SPECIAL MAGISTRATE, WHAT WE WILL DO IS WE WILL SEND HIM A COPY OF THE AMENDED CITATION.

THE ONE -- THE PHOTOGRAPH THAT EXIST IS OF THE ORIGINAL.

AND WE WILL ALSO SUPPLEMENT THE RECORD WITH THAT COPY OF THAT

AMENDED CITATION. >>SPECIAL MAGISTRATE: THAT WILL BE DONE. THANK YOU.

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

FURTHER MR. RABENECKER? >>MICHAEL RABENECKER: NO, MA'AM.

ABOUT. >>SPECIAL MAGISTRATE: SIR, MR. WESTMORELAND, HOW WOULD YOU LIKE TO RESPOND.

>> I GUESS NOT GUILTY. >>SPECIAL MAGISTRATE: OKAY.

ANYTHING YOU WOULD LIKE TO SAY? >> YEAH, SO ON THE -- ON THE DAY I WAS ISSUED THE TICKET, THAT PARK WAS WALL-TO-WALL PEOPLE.

AND I -- I HAVE BEEN TO THIS PARK MANY TIMES.

I LIVE IN GEORGIA, BUT I -- I GREW UP IN THAT AREA SO I COME BACK HERE QUITE OFTEN FOR VACATION.

AND TYPICALLY I WILL PARK ALONG THE STREET IN FRONT OF THE -- THE ST. LUCIE AQUARIUM OR WHATEVER IT IS THERE.

ON THIS DAY, I HAD PULLED INTO THE PARK AND DOWN THE ROAD AND STOPPED, PUT MY HAZARD LIGHTS ON AND TOOK MY BEACH SUPPLIES OUT OF THE VEHICLE AND DUMPED THEM ON THE SAND, AND THEN MADE A LAP BACK AROUND. ON THE WAY BACK AROUND, I SAW AN OPEN SPARKING SPACE -- WHAT I THOUGHT WAS AN OPEN PARKING SPACE. AND YOU KNOW, I PARKED THERE.

AND, YOU KNOW, NO SIGNAGE SAYING NO PARKING OBVIOUSLY.

YEAH, IF THERE HAD BEEN A SIGN, I WOULD HAVE PARKED ON THE STREET A LITTLE FURTHER WAY DOWN AND WALKED IN.

I DIDN'T HAVE ANYTHING TO CARRY SO IT WOULDN'T HAVE BEEN A BIG DEAL. SO I SPENT THE DAY AT THE BEACH.

AND I DO REMEMBER ON THAT DATE, THERE WAS A LOT OF PEOPLE PARKED ALONG THE -- THE ROPED FENCE THERE ALONG THE BEACH.

BECAUSE THERE ARE A COUPLE OF BIRTHDAY PARTIES GOING ON.

I DO REMEMBER THE CODE ENFORCEMENT COMING OUT.

AND SENDING SOME PEOPLE AWAY. I DON'T KNOW IF ANYBODY WAS ISSUE A TICKET ALONG THAT CURB, BUT I KNOW THEY CAME OUT AND CLEARED A BUNCH OF PEOPLE OUT. AGAIN, HAD I THOUGHT I WAS I WILL HIGHLY PARKED AS SOON AS I SAW CODE ENFORCEMENT THROUGH, A REASON I WOULD HAVE GONE TO MY VEHICLE AND TRIED TO GET IT OUT

[00:35:01]

OF THERE BEFORE THEY WROTE ME A TICKET.

THAT WASN'T THE CASE BECAUSE I THOUGHT I WAS IN A PARKING SPOT.

WHEN I CALLED TO INQUIRE ABOUT IT, I WAS TOLD THERE IS A SIGN.

THERE IS NOT A SIGN AT THAT PARKING SPOT.

THERE IS A SIGN ON FURTHER DOWN THE ROAD THAT SAYS -- AND I BELIEVE I PROVIDED A PHOTO OF IT WHEN I SENT IN MY APPEAL.

THAT SAYS, YOU KNOW, PARKING IN DESIGNATED SPACES ONLY.

YOU KNOW, THERE IS A FEW RULES AND STIPULATIONS THERE.

AND SO I -- YOU KNOW, WHEN I CALLED TO INQUIRE ABOUT IT, THEY TOLD ME THAT SIGN WAS THE NO PARKING SIGN FOR THE AREA.

AND THAT, YOU KNOW, THE REASON I WAS WRITTEN A TICKET IS BECAUSE I WAS NOT PARKED IN THE STRIPED AREA.

THE PROBLEM IS THAT BEACH AREA -- WHEN I LOOKED AT IT FROM THE SATELLITE VIEW, THERE IS ROUGHLY 48 PARKING SPACES THERE IN THAT PARK, IF YOU DON'T COUNT THE THREE -- I BELIEVE IT IS THREE HANDICAPPED SPACES. OF THOSE 48 PARKING SPACES, ONLY ABOUT SEVEN OR EIGHT OF THEM ARE STRIPED.

AND IF YOU LOOK AT WHERE I WAS PARKED, THERE WAS ALSO ANOTHER VEHICLE THAT WAS IMPROPERLY PARKED.

I PULLED IN AND I DIDN'T SEE ANY STRIPES OBVIOUSLY BECAUSE NO STRIPES THERE, BUT ALSO, BECAUSE OF THE VEHICLE NEXT TO ME WAS PARKED IMPROPERLY, I WOULDN'T HAVE BEEN ABLE TO SEE THE STRIPES ANYWAY BUT THERE WERE NO STRIPES JUST TO THE LEFT OF ME.

BASICALLY ALL THAT JUST BEING SAID, I -- I BELIEVE BE THAT THE PROBLEM ISN'T THAT I HE WILL LEGALLY PARKED.

THAT PARKING SPACE IS NOT CLEARLY MARKED.

I WAS TOLD I NEED TO LOOK FOR THE STRIPES AND MOST OF THE PARKING IS IN THE SAND, WITH THE EXCEPTION OF A FEW SPOTS ALONG THAT -- THAT DUMPSTER AREA. AND OF THAT AREA, THE ONLY SIGN THAT I CAN FIND THAT INDICATED NO PARKING WAS ACTUALLY NO PARKING BARS IN FRONT OF THE DUMPSTER AREA TO KEEP PEOPLE FROM PARKING IN FRONT OF IT. SO, KNOW, I THINK THE PROBLEM -- YOU KNOW, IT WASN'T MY INTENTION TO PARK ILLEGALLY, OBVIOUSLY.

LIKE I SAID, AS SOON AS I SAW CODE ENFORCEMENT I TWO HAVE MOVED MY VEHICLE BEFORE HE COULD HAVE GOTTEN ME.

THE PROBLEM IS THAT THE PARKING AREA IS NOT WELL MARKED OR NOT

PROPERLY SIGNED AS NO PARKING. >>SPECIAL MAGISTRATE: OKAY.

ANYTHING FURTHER? >> WELL, THE OTHER ISSUE I HAVE IS NOW -- NOW I AM FINDING OUT THEY HAD TO AMEND THE TICKET BECAUSE THE TICKET AS WRITTEN -- I AM ASSUMING HAD BEEN EASILY CHALLENGED OR -- YOU KNOW, DIDN'T PROPERLY COVER THE VIOLATION. IF I AM UNDERSTANDING CORRECTLY.

YOU KNOW, I AM NOT -- I AM NOT A LAWYER MYSELF.

BUT THE WAY I AM UNDERSTANDING IT THEY HAD TO AMEND THE TICKET BECAUSE IT WAS WRITTEN UNDER THE WRONG CODE OR THE CODE THAT WAS WRITTEN UNDER DIDN'T APPLY, WHICH KIND OF LENDS INTO WHAT I AM SAYING THAT, YOU KNOW, THE AREA WAS NOT PROPERLY MARKED.

I DIDN'T INTEND TO PARK IN A NO PARKING ZONE.

AND NOW THEY ARE HAVING TO CHANGE THE TICKET TO MAKE IT FIT

THE CHARGE THEY WANT TO APPLY. >>SPECIAL MAGISTRATE: BUT YOU WERE NOTIFIED THAT JUST BEFORE THIS HEARING STARTED AND GIVING THE OPPORTUNITY TO CONTINUE THIS SO YOU CAN UNDERSTAND IT.

FROM WHAT I UNDERSTAND. >> YES, MA'AM, I AGREED TO CONTINUE. BUT -- WHAT I AM SAYING IS THAT KIND OF LEADS INTO -- INTO MY ARGUMENT THAT THE TICKET -- YOU KNOW, THE TICKET APPEARS TO NOT HAVE BEEN -- THE -- SORRY, THE CODE THAT THEY WROTE ME UNDER DOESN'T EVEN REALLY APPLY IN THIS SITUATION. SO THEY HAD TO CHANGE IT, WHICH

KIND OF -- MY ARGUMENT. >> THAT IF A CODE DIDN'T APPLY, THEN WHY DID THEY WRITE IT IN THE FIRST PLACE.

>>SPECIAL MAGISTRATE: WELL, SIR, A LOT OF TIME YOU WILL FIND MISTAKES IN LEGAL DOCUMENTS. AND THE PARTY OR PARTIES ARE ALWAYS GIVEN THE OPPORTUNITY TO CORRECT IT.

YOU WERE INITIALLY CITED UNDER CODE SECTION 34-31-A IMPROPER PARKING AND AMENDED 34-31-E ARE FOR SIGNS.

AND THERE -- THERE ARE SIGNS. WHEN YOU -- RIGHT ACROSS FROM WHERE YOU PARKED JUST TO THE RIGHT OF YOU, THERE IS A SIGN

[00:40:03]

THAT SAYS PARKING IN DESIGNATED SPACES ONLY.

>> YES, MA'AM. AND THAT -- AGAIN, I THOUGHT I WAS IN A DESIGNATED SPACE. NOTHING TO INDICATE THAT I WASN'T OTHER THAN THE STRIPES ON THE ROAD, BUT I WOULD HAVE GOTTEN OUT OF MY VEHICLE AND WALK IN THE WRONG DIRECTION FROM THE BEACH TO FIND THAT I WASN'T PARKED IN A SPOT THAT WAS STRIPED. THE STRIPES WEREN'T AUTOMATICALLY OBVIOUS TO ME WHEN I GOT OUT OF THE VEHICLE, AND I DIDN'T THINK TO LOOK AT STRIPES PAUSE MOST OF THE PARKING IS SA SAND.

SO, YOU KNOW, AGAIN, WHEN YOU THINK YOU ARE PARKED IN A PARKING SPACE, YOU DON'T GET OUT AND VERIFY.

YOU JUST KIND OF ASSUME THAT YOU ARE WHICH IS WHAT I DID.

I AM NOT ARGUING THAT I DIDN'T PARK IN A SPOT.

OBVIOUSLY THE SIGNS IN THE PHOTOS THAT YOU HAVE THAT SHOW I WAS PARKED UP IMPROPERLY, BUT MY ARGUE 789 WAS THE SPACE WASN'T PROPERLY MARKED AS A NO PARKING ZONE.

NO SIGNAGE OR ANYTHING THERE. I KNOW THERE IS A SIGN TO THE RIGHT OF ME, ONCE YOU GO DOWN THE ROAD A LITTLE WAYS, THERE IS A SIGN OVER THERE AND SAYS NO OVERNIGHT AND RV PARKING, AND I NOTICE THE SAME RVS PARKED THERE EVERY DAY WITH NO ISSUES.

WHEN I CALLED TO INQUIRE ABOUT IT, I WAS DIRECTED TO THAT SIGN WHICH, YOU KNOW, APPEARS TO BE ONLY APPLIED TO CERTAIN PEOPLE.

BECAUSE THEY WEREN'T WRITING TICKETS FOR ANYBODY ELSE WHO WAS

IMPRO AREALLY PARKED. >> I JUST WANT TO CLARIFY A COUPLE OF THINGS WITH MR. RABENECKER.

MR. RABENECKER, THE SIGN INDICATING PARKING IN DESIGNATED SPACES ONLY. IS THAT KIND OF DIRECTLY TO THE RIGHT OF WHERE HE IS PARKED AT THAT THE ENTRYWAY?

>>MICHAEL RABENECKER: WHY EM. >> AND THEN IN THE SAND PARKING

AREAS, HOW ARE THOSE DESIGNATED? >>MICHAEL RABENECKER: THE ONES ALONG THE ROAD ARE DESIGNATED PARKING SPACES WITH THE PARKING BUMP BUMPERS.

>> ON THE PAVEMENT MARKED WITH YELLOW LINES.

>>MICHAEL RABENECKER: THOSE ARE THE DESIGNATED SPOTS.

>> OBVIOUSLY YOU PARK WITHIN THE TWO YELLOW LINE.

>>MICHAEL RABENECKER: ANYTHING OUTSIDE THE TWO YELLOW LINES

LOOK DESIGNATED NO PARKING. >> NOTHING FURTHER TO CLARIFY

FROM HIM, SPECIAL MAGISTRATE. >>SPECIAL MAGISTRATE: THANK YOU,

COUNSEL. >> YES, MA'AM.

>>SPECIAL MAGISTRATE: ANY COMMENTS MR. WESTMORELAND?

ANY COMMENTS? >> I KNOW THE POINT WAS MADE THAT THERE WAS A -- THERE IS A PARKING SIGN -- OR A SIGN JUST TO THE RIGHT. I WANT TO CLARIFY IT IS NOT DIRECTLY TO THE RIGHT WHERE OF WHERE I PARKED.

THE SIGN THAT I FOUND IS TO THE RIGHT AND DOWN THE STREET A WAYS, MORE TOWARD THE REST ROOMS. AND THAT SIGN IS THE SIGN THAT, LIKE I SAID, MAKES THE RULES OF THE PARK WHICH IS PARKING IN DESIGNATED SPACES ONLY, YOU KNOW -- AND THE ONLY OTHER -- THE ONLY OTHER THICK TO INDICATE THE RULES OF PARKING ON THAT SIGN IS NO RV AND OVERNIGHT PARKING.

AND AGAIN, THERE WERE ABOUT A DOZEN RVS PARKED THERE THE ENTIRE WEEK I WAS IN TOWN. MOST OF THEM LOOKED LIKE THEY NEVER EVEN MOVED AND NEVER GIVEN ANY TICKETS THAT I COULD TELL.

SO IT ALMOST SEEMS LIKE THAT THE -- THE PARKING RULES ONLY APPLY TO CERTAIN PEOPLE. THAT IS KIND OF MY BELIEF THAT, YOU KNOW, BEING OUT OF TOWN PLATES AND, YOU KNOW, IMFORLY PARKED,AL BE IT BE ACCIDENTALLY, IT WAS, YOU KNOW, AN EASY -- EASY TICKET THAT PROBABLY WOULDN'T GET CONTESTED.

I THINK THAT IS PROBABLY WHY IT WAS WRITTEN BECAUSE LIKE I SAID, I DON'T RECALL SEEING ANY OTHER -- ANY OTHER IMPROPERLY PARKED RVS THERE ALL THAT WEEK EVER GETTING ANY TICKETS.

>> SPECIAL MAGISTRATE, JUST TO CLARIFY, THE -- WELL, TO CORRECT THE STATEMENT FROM MR. WESTMORELAND.

IF HE WOULD LIKE TO LOOK AT THE PHOTOGRAPHS SENT TO HIM, THE ONE TIME STAMPED 2:16. MISS ARRAIZ WILL ZOOM IN.

SPECIAL MAGISTRATE, IF YOU DON'T WANT TO QUALIFY AS DIRECTLY TO THE RIGHT, IT IS AS NEAR AS DIRECTLY AS I THINK YOU CAN

[00:45:01]

PROBABLY GET. >>SPECIAL MAGISTRATE: DID YOU LOOK AT THAT THE PHOTO, MR. WESTMORELAND?

>> I AM TRYING TO GET IT TO COME UP ON MY PHONE NOW.

APOLOGIZE, THERE IS A VERY LOW E-MAIL THREAD HERE AND I WILL HAVE TO SEARCH THROUGH IT. SO YOU ARE TALKING ABOUT THE

PHOTO STAMPED 2/21-05? >> THE TIME SCAMP APRIL 2, 2023.

THE TIME IS 2:16 P.M. >> EXHIBIT NUMBER 4 HAD.

>> OH, I DIDN'T REALIZE YOU LABELLED THEM.

THANK YOU. >> OKAY, HERE WE GO.

OH -- I SEE WHAT YOU ARE TALKING ABOUT THERE.

IN THAT SAME PHOTO IF YOU LOOK TOWARD THE FRONT OF MY VAN, ON THE OTHER SIDE OF THE ROAD, DOWN THE ROAD, IS A SIGN THAT SAYS PARK RULES. THAT IS THE SIGN I WAS REFERRING TO. TO BE HONEST WITH YOU, I NEVER EVEN NOTICED THE -- THE OTHER SIGN, BECAUSE, YOU KNOW, IT LOOKS LIKE THE ENTRANCE SIGN TO THE PARK.

HOWEVER, SINCE WE HAVE THAT PHOTOGRAPH PULLED UP, YOU CAN SEE THAT, LIKE I SAID, WHEN I PULLED MY VAN IN WHERE IT WAS AT, THE VEHICLE NEXT TO ME, YOU KNOW, OBVIOUSLY WAS ALSO IMPROPERLY PARKED. THAT VEHICLE BLOCKED MY VIEW OF BEING ABLE TO SEE ANY OF THE STRIPES ON THE ROAD.

AGAIN, I WOULD HAVE GOTTEN OUT OF THE VEHICLE AND WALKED AROUND TO LOOK FOR STRIPES. NOT SOMETHING ONE WOULD PERSONALLY NORMALLY DO. I SAW THIS OPEN PARKING SPACE AND THOUGHT IT WAS MY LUCKY DAY. ICALLY YOU DON'T GET VERY GOOD PARKING HERE. YOU WILL HAVE TO PARK DOWN THE STREET WHICH, AGAIN, LIKE I SAID, SINCE I HAVE ALREADY OFFLOADED ALL OF MY BEACH TINT AND MY CHAIRS AND EVERYTHING, I WAS JUST PARKING THE VEHICLE AND GETTING OUT WALKING.

SO I DIDN'T NEED TO PARK CLOSE. THERE WAS JUST -- JUST HAPPENSTANCE I FOUND IN GREAT PARKING SPOT.

AGAIN, LIKE I SAID, IF THAT PARKING SPACE HAD NO "NO PARKING" SIGNS OR EVEN STRIPING PAINTED -- "NO PARKING" BARS PAINTED ON THE ROADS I WOULD NEVER PARK THERE.

NOT MY INTENTION TO PARK ILLEGALLY OR PARK IMPROPERLY ESPECIALLY SINCE I DON'T WANT TO PAY A TICKET FOR IT.

I WOULD RATHER GO TO THE BEACH AND HAVE A BEACH DAY AND NOT HAVE TO DEAL WITH ALL THIS. BUT BUT, YOU KNOW, NEVER MY INTENT TO PROPER IMPROPERLY. I THOUGHT CLEAR UP UNTIL I SAW THAT YELLOW PIECE OF PAPER ON THE WINDSHIELD OF MY VEHICLE THAT I WAS PARKED FINE. NOT UNTIL I SAW THE TICKET THAT I STARTED LOOKING AROUND GOING, I AM NOT IN A PARKING SPACE APPARENTLY. I WOULD LIKE TO SAY BECAUSE NO REAL DESIGNATION THERE. AND THERE IS NO -- THIS WAS A "NO PARKING" SPOT. IF YOU PULLED INTO THAT PARK FROM THE ENTRANCE AND PULLED DIRECTLY TO THE SPOT AND A VEHICLE PARKED IN EX-TO YOU, YOU WOULDN'T KNOW UNTIL YOU HAVE A TICKET. THAT IS MY WHOLE POINT OF CONCESSION THAT THE TICKET I WAS GI GIVEN. NOT ENOUGH SIGNAGE TO INDICATE

THAT IS NOT A PARKING SPOT. >>SPECIAL MAGISTRATE: OKAY.

ANYTHING FURTHER. >>MICHAEL RABENECKER: NO, YOUR

HONOR. >> NO MAN.

>>SPECIAL MAGISTRATE: BASED ON THE EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTED AT SOUTH CAUSEWAY AND WALTER JUAN

[00:50:01]

WESTMORELAND. ILLINOIS POSE ABOUT FINE OF 50, $10 ADMIN, $60. FAILURE TO PAY SUCH A FINE WILL BE WITH THE CASE TO BE TRANSFERRED TO THE COUNTY COURT SYSTEM. 30 DAYS TO APPEAL, ANY

QUESTIONS? >> YES, MA'AM, I DO HAVE A QUESTION. WHAT IS THE ADMINISTRATIVE FEE FOR? BECAUSE THAT WAS NEVER INDICATED AT ALL WHEN I CALLED INITIALLY ABOUT THE TICKET.

SOMETHING THAT WAS ADDED ON TODAY AS A RESULT OF THE CASE

OR? >> MISS ARRAIZ CAN ANSWER THAT.

>> IT IS IN OUR RULES OF PROCEDURE ADOPTED BY THE CITY COMMISSION, AND, YES, TO COVER THE COST OF ALL OF THE PROCESSES

TO PUT A HEARING TOGETHER. >> PER OUR CODE, THE SPECIAL MANAGE STATE CAN FINE YOU UP TO $500 IT.

AND THE CITY REQUESTED ONLY $50. >> THE ADDITIONAL $10 FOR ACTUALLY DEFENDING MYSELF AGAINST THE TICKET?

>> AS MRS. ARRAIS, THE PROCESSING, ALL THE MAILINGS SENT OUT TO YOU, SCHEDULING OF THE HEARING, THAT KIND OF THING.

>>SPECIAL MAGISTRATE: ANYTHING FURTHER?

>> NO, MA'AM. >>SPECIAL MAGISTRATE: ALL RIGHT.

AND, AGAIN, YOU HAVE 14 DAYS TO PAY THE FINE.

>> OKAY. PAY THAT ELECTRONICALLY? PAUSE I AM OUT IN OF TOWN. I DON'T LIVE ANYWHERE NEAR

THERE. >> YES, SIR.

I CAN SEND YOU A LINK. >> THANK YOU MUCH.

>> NO PROIN. HAVE A GREAT DAY.

>>SPECIAL MAGISTRATE: THANK YOU. >> YOU AS WELL.

GOODBYE. NEXT CASE 23-293, 500 BLOCK

[C. 23-293PK 500 Blk Delaware Ave Time to Transport Michael Rabenecker]

DELAWARE AVENUE. TIME TO TRANSPORT.

>>MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE IS 23-293, A PARKING VIOLATION AT THE 500 BLOCK OF DELAWARE AVENUE.

THE CASE WAS INITIATED ON JANUARY 29, 2023.

THE VIOLATOR IN THE CASE CAME BACK AS TIME TO TRANSPORT.

CRAY TIEING 19839. THE CODE SECTION 24-33 CONTINUOUS PARKING. ASKING FOR FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTED THAT IF THE SPECIAL MANAGE STATE FINDS THAT THE VIOLATION EXISTS THE VIOLATOR BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTO THAT ARE DATE AND TIME STAMPED AND ACCURATELY REPRESENT THE ITEMS I WITNESSED.

>> WILL BE ADMITTED AS COMPOSITE EXHIBIT 1.

>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED.

>>MICHAEL RABENECKER: CONTINUOUS PARKING EXCEEDING THE 24-HOUR

TIME LIMIT. >>SPECIAL MAGISTRATE: OH, YEAH.

ANYTHING FURTHER? >>MICHAEL RABENECKER: NO,

NOTHING FURTHER. >>SPECIAL MAGISTRATE: TIME TO TRANSPORT IS NOT THERE NEITHER IS A REPRESENTATIVE ON THEIR BEHALF. BASED ON THE TESTIMONY AND EVIDENCE PRESENTED I FIND A VIOLATION EXISTS.

THEY ARE THE PARTY RESPONSIBLE FOR THE VIOLATION.

ILLINOIS POSE FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THAT IS PAYABLE WITHIN 14 DAYS.

FAILURE TO DO SO COULD RESULT IN THE CASE BEING TRANSPORTED TO THE COUNTY COURT SYSTEM WHERE THAT COMPANY WILL INCUR ADDITIONAL GUYS AND COSTS. 30 DAYS TO APPEAL.

[F. 23-285CE 809 Atlantic Avenue Humberto C. Reyes Michael Rabenecker]

>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.

>>SPECIAL MAGISTRATE: YOU ARE WELCOME.

>> NEXT CASE 23-285, 809 ATLANTIC AVENUE,

AVENUE, HUMBERTO C. REYES. >>MICHAEL RABENECKER: YOUR HONOR, ITS NEXT CASE BEFORE YOU 23-285.

A CODE ENFORCEMENT VIOLATION. IT OCCURRED AT THE 809 ATLANTIC AVENUE. THE CASE WAS INITIATED ON JANUARY 28, 2023. THE VIOLATOR IN THE CASE CAME BACK AS A HUMBERTO C. REYES, THE CODE 1184 CE.

CODE SECTION VIOLATION 125-315 SUBSECTIONSI, SUBSECTIONS 2,

[00:55:07]

SUBSECTIONSB. COMMERCIAL VEHICLES CANNOT BE PARKED IN A RESIDENTIAL AREA EXCEEDING ONE HOUR IN A 24-HOUR PERIOD. THE CITY IS ASKING THAT A $250 FINE BE ADDRESSED AND ADMINISTRATION FEE OF $10 FOR A TOTAL DUE OF THE . THE CITY REQUESTS THAT THE SPECIAL MANAGE STATE FINDS THE VIOLATION EXISTS VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE AND FAILURE PAY SUCH A FINE RESULT IN THE CITATION BEING FORWARDRD TO THE COUNTY COURT STHM. TIME AND DATE STAMPED.

>> WILL BE ADMITTED THE COMPOSITE PHOTOGRAPHS.

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

ANYTHING FURTHER? >>MICHAEL RABENECKER: NO, YOUR

HONOR. >>SPECIAL MAGISTRATE: I FIND THAT HUMBERTO Y. REYES IS NOT PRESENTLY OR A REPRESENTATIVE.

I FIND THAT A VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. ILLINOIS POSE A $250 FINE.

$10 ADMIN FEE FOR A TOTAL OF $260.

HE HAS 14 DAYS TO PAY. FAILURE TO PAY SHOULD BE ADVISED THAT THIS COULD RESULT IN THE CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE COULD HAVE ADDITIONAL GUYS ADDED. 0 DAYS -- 30 DAYS TO APPEAL.

[G. 23-308PK Gulfstream Beach Access Rachel Sue Moceri Michael Rabenecker]

>> NEXT CASE 23-30, GULF STREAM BEACH ACCESS.

RACHEL SUE MOCERI. >>MICHAEL RABENECKER: YOUR HONOR NEXT CASE IS 23-308 A PARKING VIOLATION THAT OCCURRED AT THE GULF STREAM BEACH ACCESS. THE CASE INITIATED JANUARY 29, 2023. THE VIOLATOR IN THE CASE RACHEL SUE MOOCERI. CITATION NUMBER 189 41 PARKING VIOLATION. CODE SECTION 34-31L, MARKING IN THE CITY RIGHT-OF-WAY. ASKING FOR FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXIST, THE VIOLATOR WILL ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOGRAPHS TIME AND DATE

STAMPED. >> WILL BE ADMITTED AS SUCH.

>>SPECIAL MAGISTRATE: ANYTHING FURTHER.

>>MICHAEL RABENECKER: NO, YOUR HONOR.

>> I FIND THAT RACHEL SUE MOCERI IS NOT PRESENTLY AND NEITHER IS ARE INCIDENT I HAVE IT ON HER BEHALF OF I FIND THAT A VIOLATION EXISTS AND SHE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. IMPOSE A $50 FINE, $10 ADMIN FEE, $18 LATE FEE WITH A TOTAL OF $78.

THIS TICKET SHOULD BE PAID WITHIN 14 DAYS.

FAILURE TO DO SO COULD RESULT IN A CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE COULD INCUR GUYS AND COSTS.

[H. 23-328PK 100 Blk N. 2nd Street Penske Leasing and Rental Company Michael Rabenecker]

>> THE NEXT CASE 23-328, PENSKE LEASING AND RENTAL COMPANY.

>>MICHAEL RABENECKER: YOUR HONOR, ITS NEXT CASE IS 23-328 A PARKING VIOLATION THAT OCCURRED IN THE 100 BLOCK OF NORTH SECOND STREET. THE CASE INITIATED FEBRUARY 3, 2023. THE VIOLATOR IN THE CASE CAME PLACE AS PENSKE LEASING AND RENTAL COMPANY.

CITATION NUMBER 18947. PARKING VIOLATION OF CITY ORDINANCE 34-31L, PARKING IN THE CITY RIGHT-OF-WAY.

THE CITY IS ASKING FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. AND CITY REQUESTS THAT THE SPECIAL MANAGE STATE FINDS THAT THE VIOLATION EXISTS WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE.

FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BE FORWARDED TO THE COUNTY COURT SYSTEM.

THE PHOTOGRAPHS THAT ARE DATE AND TIME STAMP ED.

>> THE CITY WILL BE ADMITTED INTO EXHIBIT 1, THE PHOTOGRAPHS.

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

[01:00:01]

DO YOU KNOW HOW LONG THIS VEHICLE WAS HERE?

>> NO, YOUR HONOR. THE LADY STANDING NEXT TO THE VEHICLE IN THIS PICTURE. THEY WERE BLOCKED IN.

THEY WERE HAVING TO WAIT FOR HIM TO DO HIS UNLOADING.

BUT THERE IS A LOADING ZONE ON THE OTHER SIDE OF THE SAILFISH AREA PARKING LOT FOR LOADING AND UNLOADING BUT HE IS NOT IN A

DESIGNATED LOADING ZONE. >> MR. RABENECKER, DO YOU HAVE A MEMORY OF APPROXIMATELY HOW LONG YOU WERE ON SCENE TO AT LEAST

OBSERVE IT? >>MICHAEL RABENECKER: NO.

>> LOOKING AT THE TIME STAMPS? >>MICHAEL RABENECKER: SO -- LIKE THE FIRST PHOTO WAS TAKEN -- LET ME SEE.

LIKE AT 1:01. THE LAST PHOTOGRAPH IT LOOKS LIKE WAS TAKEN AT 1:06. I WAS THERE MORE THAN FIVE MINUTES. AND AT THAT TIME, I NEVER -- AS YOU CAN SEE THE DRIVER -- I NEVER SAW THE DRIVER.

I NEVER INTERACTED WITH HIM. >> THIS IS STILL THE LAIDI.

>> THAT IS THE -- STILL WAITING. >>MICHAEL RABENECKER: THE LADY

OVER THERE. >>SPECIAL MAGISTRATE: ANYTHING

FURTHER? >>.

>>MICHAEL RABENECKER: NO, YOUR HONOR.

>>SPECIAL MAGISTRATE: NOT A REPRESENTATIVE FROM PENSKE LEASING AND RENTAL COMPANY. HOWEVER BASED ON THE COMPANY AND EVIDENCE PRESENTED I FIND THEY ARE GUILTY OF PARKING IN THE CITY RIGHT-OF-WAY. ILLINOIS POSE A FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78 FOR A .

THEY HAVE 14 DAYS TO PAY. AND THEY SHOULD BE ADVISED THAT FAILURE TO PAY SUCH A FINE CAN RESULT IN THE CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE THEY CAN INCUR ADDITIONAL GUYS AND COSTS. 30 DAYS TO APPEAL.

>>MICHAEL RABENECKER: THANK YOU. >> 23-548, 600 NORTH INDIAN RIVER DRIVE. RITA ARGENTINA GUTIERREZ.

IS. >>MICHAEL RABENECKER: WHAT CASE.

>> 4 I, RITA. >> IS THAT ONE THAT WAS PAID?

>> NO, I THINK IT WAS TOWARD THE PACK LIKEACK LIKE BACK LIKE YOU

>>MICHAEL RABENECKER: NO, IT'S NOT HERE.

>> I SAW THIS MORNING. >>MICHAEL RABENECKER: THIS ONE IS J. NO, THAT ONE IS EMPTY.

>> IS THIS HIS LAST CASE? IF WE WANT TO SKIP TO THE NEXT

ONE RITA. >> THAT THIS 4-W.

>> ON THE AGENDA ON THE SCREEN. >> IT GOT CHANGED.

>>SPECIAL MAGISTRATE: IT HAD I. >> SORRY, MIKE.

>>SPECIAL MAGISTRATE: DON'T FEEL BAD.

[I. 23-548PK 600 North Indian River Drive Rita Argentina Gutierrez Michael Rabenecker]

>>MICHAEL RABENECKER: YEP, RITA GUTIERREZ.

WE FOUND IT. OKAY, YOUR HONOR.

THE NEXT CASE BEFORE YOU 23-549, PARKING VIOLATION THAT OCCURRED AT THE 600 NORTH INDIAN RIVER DRIVE.

THE CASE WAS INITIATED FEBRUARY 25, 2023.

THE VIOLATOR IN THE CASE CAME BACK AS A RITA ARGENTINA GUTIERREZ. THE CITATION NUMBER WRITTEN 19064 PARKING VIOLATION OF CITY ORDINANCE 34-31L, PARKING IN THE CITY RIGHT-OF-WAY. THE CITY IS ASKING THAT FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THE VIOLATOR BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOGRAPHS THAT ARE DATE AND TIME STAMPED AND ACCURATELY SHOW THE VIOLATION AS I

WITNESSED IT. >> THE CITY WILL MOVE INTO COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.

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

ANYTHING FURTHER? >>MICHAEL RABENECKER: NO, YOUR

HONOR. >>SPECIAL MAGISTRATE: I FIND

[01:05:05]

THAT RITA ARGENTINA GUTIERREZ IS NOT PRESENT, NEITHER IS A REPRESENTATIVE ON HER BEHALF. BASED ON THE TESTIMONY AND EVIDENCE PRESENTED I FIND SHE IS GUILTY OF THE VIOLATION.

ABOUT FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78 FOR A TOTAL. FAILURE TO PAY WITHIN THAT PERIOD OF TIME COULD RESULT IN THE TICKET BEING SENT OVER TO THE COUNTY COURT SYSTEM WHERE THEY CAN INCUR ADDITIONAL GUYS AND COSTS. 30 DAYS TO APPEAL.

[J. 23-149PK 300 Blk Orange Avenue Bethany Joy Leeland Michael Rabenecker]

>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.

>> NEXT CASE 23-149, 300 BLOCK ORANGE AVENUE, BETHANY JOY

LEELAND. >>MICHAEL RABENECKER: NOW WE ARE ON THE RIGHT TRACK. THE NEXT CASE BEFORE YOU CASE NUMBER 23-149. PARKING VIOLATION AT THE 300 BLOCK OF ORANGE AVENUE. THE CASE INITIATED JANUARY 21, 2023. THE VIOLATOR IN THE CASE CAME BACK AS A BIT KNEE JOY LEELAND. THE CITATION NUMBER 18975, PARKING VIOLATION OF CITY ORDINANCE 34-31 A, IMPROPER PARKING. CITY IS IT ASKING THAT FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT THE SPECIAL MANAGE STATE FINDS THAT THE VIOLATION EXISTS WILL BE INDICATED TOTAL ABOVE AND FAILURE TO PAY WILL BE THE FINE TO BE FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE THE PHOTOGRAPHS THAT ARE DATE AND TIME STAMPED. THE CITY WILL MOVE IN THE 230E6S

AS EXHIBIT 1. >>SPECIAL MAGISTRATE: IT WILL BE

ADMITTED AS SUCH. >>MICHAEL RABENECKER: FOR

PARKING OVER THE LINE. >>SPECIAL MAGISTRATE: I FIND THAT PETROLEUM KNEE JOY LEELAND IS NOT PRESENT OR SOMEONE ON HER BEHALF. BASED ON THE TESTIMONY PRESENTED, I FIND SHE IS GUILTY OF A TICKET FOR IMPROPER PARKING. ILLINOIS POSE A $ FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THIS IS PAYABLE WITHIN 14 DAYS. PARTY SHOULD BE ADVISED THAT FAILURE TO PAY SO COULD RESULT IN THE CASE BEING TRANSFERRED TO COUNTY COURT WHERE SHE COULD INCUR ADDITIONAL GUYS AND COSTS.

30 DAY TO APPEAL. >>MICHAEL RABENECKER: THANK YOU,

[K. 23-151PK 100 Blk North Indian River Drive Elizabeth Katherine Devereux Michael Rabenecker]

YOUR HONOR. >> YOU ARE WELCOME.

>> NEXT CASE 23-151. 100 BLOCK NORTH INDIAN DRIVE.

ELIZABETH KATHERINE DEVEREAUX. >>MICHAEL RABENECKER: CASE NUMBER 23-151, 100 BLOCK NORTH INDIAN RIVER DRIVE.

THE CASE JANUARY 21, 2023. THE VIOLATOR ELIZABETH KATHERINE DEFENSE ROW. THE CITATION NUMBER 18977 PARKING VIOLATION OF CITY ORDINANCE 34-31A, IMPROPER PARKING. THE CITY IS ASKING FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION BE ASSESSED WILL BE ASSESSED TOTAL DUE AS INDICATED ABOVE AND FAILURE TO PAY WILL BE FORWARD TODAY THE COUNTY COURT SYSTEM. AND PHOTOGRAPHS DATE AND TIME

STAMPED. >> MOVE INTO EXHIBIT 1, THE

PHOTOGRAPHS. >>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS ANYTHING FURTHER?

>>MICHAEL RABENECKER: NO, YOUR HONOR.

>>SPECIAL MAGISTRATE: I FIND THAT ELIZABETH KATHERINE DEVEREAUX IS NOT HERE AND NOT A REPRESENTATIVE ON HER BEHALF.

BASED ON THE EVIDENCE PRESENTED SHE IS GUILTY OF THE VIOLATION, IMPROPER PARKING. ILLINOIS POSE A FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THAT SHOULD BE PAID WITHIN 14 DAYS.

FAILURE TO PAY SO WITHIN THAT PERIOD OF TIME COULD RESULT IN A CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE CAN INCUR ADDITIONAL GUYS AND COSTS.

[L. 23-192PK 1100 Blk Sunrise Blvd Mario Jerel Rawlings Michael Rabenecker]

>> NEXT CASE 23-182, MARIO RAWLINGS.

>> 23-192 PARKING VIOLATIONS AT 1100 SUNRISE BOULEVARD.

THE VIOLATOR CAME BACK AS MARIO JEREL RAWLINGS.

[01:10:09]

CITATION 18989. AND CODE SECTION 34-31.

FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXIST ASSESS TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.

I HAVE PHOTOGRAPHS DATE AND TIME STAMPED.

>> MOVE INTO EXHIBIT 1, THE PHOTO

PHOTOGRAPHS. >>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS IS SUCH. ANYTHING FURTHER?

>>MICHAEL RABENECKER: NO, YOUR HONOR.

>>SPECIAL MAGISTRATE: I FIND THAT MARIO JEREL RAWLINGS IS HERE FOR THEIR REPRESENTATIVE. A VIOLATION.

AND IMPOSE A $50 FINE, $10 ADMIN FEE, $18 LATE FEE FOR A TOTAL DUE OF $78 PAID WITHIN 14 DAYS. FAILURE TO PAY WILL HAVE THE CASE BE TRANSFERRED TO THE COUNTY COURT SYSTEM WHERE THE COUNTY COULD INCUR ADDITIONAL GUYS AND COSTS.

[M. 23-486PK 100 Blk Orange Avenue Amanda White Michael Rabenecker]

AND 30 DAYS TO APPEAL. >> NEXT CASE 23-486.

AMANDA WHITE. >>MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE IS 23-486, PARKING VIOLATION THAT OWE CURBED AT THE 100 BLOCK OF ORANGE AVENUE.

THE CASE WAS INITIATED FEBRUARY 18, GEE.

THE VIOLATOR IN THE CASE CAME BACK AS AMANDA WHITE.

CITATION NUMBER 19038, PARKING VIOLATION OF 34-31L, PARKING ON 9 CITY RIGHT-OF-WAY. THE CITY IS ASKING FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THE VIOLATOR WILL BE ASSESSED THE TO HE TALL DUE. AND FAIL TOUR TO PAY WILL HAVE THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.

>> MOVED INTO COMPOSITES EXHIBIT ONE, THE PHOTOGRAPHS.

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

>>SPECIAL MAGISTRATE: I FIND THAT AMANDA JUAN WHITE IS NOT PRESENT. NEITHER IS A REPRESENTATIVE ON HER BEHALF. BASED ON THE EVIDENCE AND TESTIMONY, A VIOLATION EXISTS. IMPOSE FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THAT SHOULD BE PAYABLE WITHIN 14 DA DAYS. THE PARTIES SHOULD BE INFORMED THAT SHE DOES A WITHIN THAT PERIOD OF TIME SHE COULD INCUR ADDITIONAL GUYS AND COSTS. SHE HAS 20 DAYS TO APPEAL.

[N. 23-201PK 100 Blk North Indian River Drive Nicole Lynn Linsenbigler Michael Rabenecker]

>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.

>> NEXT CASE IS 23-201, 100 BLOCK FT. INDIAN RIVER DRIVE.

NICOLELIN IN LINSENBIGLER. >>MICHAEL RABENECKER: OCCURRED AT THE 100 BLOCK OF NORTH INDIAN RIVER DRIVE.

THE CASE JANUARY 2, 2023. THE VIOLATOR NICOL NICOLE LYNN LINSENBIGLER. CITATION 18995, CODE SECTION 34-31, PARKING PROHIBITED AT ALL TIMES.

FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE.

FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED. AND I HAVE PHOTOGRAPHS DATE AND STAMPED AND HOW THE VIOLATION WAS WITNESSED.

>> CITY WILL MOVE INTO COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.

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

>> I FIND THAT NIC NICOLE LINSENBIGLER IS NOT PRESENT FOR A REPRESENTATIVE OR HER BEHALF OF FIND HER RESPONSIBLE AND A PARTY RESPONSIBLE.

I IMPOSE FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THIS SHOULD BE PAID WITHIN 14 DAYS. FAILURE TO PAY COP RESULT IN THE CITATION TO BE FORWARDED WITH THE COUNTY COURT SYSTEM.

[O. 23-477PK Jaycee Park Samantha Jo Smith Michael Rabenecker]

>> NEXT CASE 23-477, JAYCEE PARK BE SAMANTHA JO SMITH.

[01:15:03]

>>MICHAEL RABENECKER: YOUR HONOR THE NEXT CASE BEFORE YOU 23-4777. PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK. THE CASE WAS INITIATED FEBRUARY, 2023. THE VIOLATOR CAME BACK AS SAMANTHA JO SMITH. THE CITATION NUMBER 19055, VIOLATION OF 34-31C, RESTRICTED PARKING FOR BOAT TRAILERS ONLY.

FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THE VIOLATORS BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE.

FAILURE TO PAY SUCH A FINE WILL BE RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.

I HAVE PHOTOGRAPH THAT ARE TIME AND DATE STAMPED AND REPRESENTS

THE VIOLATION AS I WITNESSED IT. >> ADMIT THE PHOTOGRAPHS.

>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH FOR THE RECORD I FIND THAT SAMANTHA JO SMITH IS NOT HERE NEITHER IS A PERSON FILLING IN FOR HER; HOWEVER, I FIND SHE IS GUILTY OF RESTRICTED PARKING, BOAT TRAILERS ONLY AND IMPOSE FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

SHE HAS 14 DAYS TO PAY. SHOULD BE ADVISED FAILURE TO PAY SUCH A FINE CAN RESULT IN A TICKET BEING FORWARDED TO THE COUNTY COURT SYSTEM. 30 DAYS TO APPEAL.

SAMANTHA JO SMITH IS NOT PRESENT AND NEITHER IS A REPRESENTATIVE.

[P. 23-320PK 100 Blk Marina Way Nicholas Pennell Michael Rabenecker]

>> NEXT CASE 23-320, 100 BLOCK MARINA WAY.

NICHOLAS PENLE. >> OCCURRED ON THE 100 BLOCK OF MARINA WAY. THE CASE INITIATED FEBRUARY 4 HAD, 2023. THE VITAMIN LATER IN THE CASE AS A NICHOLAS PENNELL. CITATION NUMBER 19002, PARKING VIOLATION. THE CITY ORDINANCE 34-31E, POSTED NO PARKING ANY TIME. THE CITY IS ASKING FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS VIOLATOR BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT

SYSTEM. >> THE STIR MO MOVE INTO COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.

>>SPECIAL MAGISTRATE: WILL BE ADMITTED AS SUCH.

ANYTHING FURTHER. >>MICHAEL RABENECKER: NO, YOUR

HONOR. >>SPECIAL MAGISTRATE: ALL RIGHT.

SIGNS ALL OVER THE PLACE WITH THIS ONE.

ALL RIGHT, I FIND THAT NICK HAS PENNELL IS NOT PRESENT NEITHER A REPRESENTATIVE ON HIS BEHALF.

I FIND HIM GUILTY. IM FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. HE HAS 14 DAYS TO PAY THIS.

HE SHOULD BE ADVISED THAT FAILURE TO PAY SUCH FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. THAT IS 30 DAYS TO APPEAL.

[R. 23-433PK 600 North Indian River Drive Brian Miller Michael Rabenecker]

>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.

>> OUR NEXT CASE 23-433, 600 NORTH INDIAN RIVER DRIVE.

BRIAN MILLER. >>MICHAEL RABENECKER: WHAT NUMBER? THAT ONE IS PAID.

THAT ONE HAS BEEN PAID. >> BRIAN MILLER? WHEN? OKAY, I MEAN -- YOU HAVE THE RIGHT? YEAH?

>> I HAVE IT MARKED AS "PAID." THAT WAS ONE OF THE ONES I CHECKED OVER THE WEEKEND, I THI

THINK. >> I HAVE CHECKED THIS ONE YESTERDAY. I HAD CHECKED ALL OF THEM YESTERDAY. BUT IT IS UP TO YOU.

>> I DON'T HAVE A BRIAN MILLER. >> WE CAN PASS IT AND DOUBLE CHECK IT. IN IT IS NOT PAID, WE CAN

[S. 23-485PK 100 Blk Marina Way Paul Griglio Michael Rabenecker]

RENOTICE IT AS A HEARING. >>SPECIAL MAGISTRATE: THAT WILL BE GOOD THE LAST CASE IS 23-485, 100 BLOCK MARINA WAY.

PAUL GRIGLIO. >>MICHAEL RABENECKER: THE CASE WAS INITIATED FEBRUAY 18, 2023. THE VIOLATOR CAME BACK AS A

[01:20:03]

PAUL GRIGLIO. CITATION NUMBER 19032, PARKING VIOLATION OF CITY ORDINANCE 34-31, PARKING IN THE CITY RIGHT-OF-WAY. THE CITY IS ASKING FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78.

THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THE VIOLATOR BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAIL TOUR TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY

COURT SYSTEM. >> AT IN TIME THE CITY WILL MOVE INTO COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.

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

AND FOR THE RECORD, MR. -- MR. GRIGRIO IS NOT PRESENTLY NEITHER IS A REPRESENTATIVE ON HIS BEHALF.

BASED ON THE INFORMATION PRESENTED, HE IS GUILTY OF THE VIOLATION AND IMPOSE A FINE IS $50, ADMIN FEE IS $10 AND LATE FEE IS $18 WITH TOTAL OF $78. THAT AMOUNT SHOULD BE PAID WITHIN 14 DAYS. FAILURE TO PAY THAT AMOUNT COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL GUYS AND COSTS.

HE HAS 30 DAYS TO APPEAL. >>MICHAEL RABENECKER: FOR THE RECORD. I DO REMEMBER BRIAN MILLER.

SORRY ABOUT THAT. >> WE HAVE ONE APPEAL THAT DIDN'T SHOW UP TODAY. SHOULD WE CONTINUE THIS ON THE

RECORD. >> WERE THEY IN ITSED THE

HEARING TODAY? >> YES, THEY WERE.

>> I THINK WE PROCEED. >> WE HAVE ONE MORE CASE THEN

[D. 23-1221PK 600 North Indian River Drive David Barber Michael Rabenecker]

23-1221, 600 NORTH INDIAN RIVER DRIVE.

DAVID BARBER. IT WILL BE D IN YOUR STACK.

>>SPECIAL MAGISTRATE: THANK YOU. WHEN YOU ARE READY.

>>MICHAEL RABENECKER: NOW THE LAST ONE, YOUR HON PER.

CASE NUMBER BEFORE YOU 23-1221, PARKING VIOLATION AT THE 600 NORTH INDIAN RIVER DRIVE AT THE 12A BUOY LOT.

THIS IS A CITATION APPEAL. THE CASE WAS INITIATED ON MARCH 19, 2023. THE VIOLATOR IN THE CASE CAME BACK AS A DAVID BARBER. THE CITATION NUMBER WRITTEN IS 19188, PARKING VIOLATION OF 34-31A, IMPROPER PARKING.

THE CITY IS ASKING THAT $50 FINE, $10 ADMINISTRATION FEE AND TOTAL DUE OF $60. IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS VIOLATOR BE ASEED THE TOTAL DUE AS INDICATED ABOVE. I HAVE PHOTOGRAPHS TO INTRODUCE DATE AND TIME STAMPED AND ACCURATELY REPRESENT THE VIOLATIONS AS I WITNESSED IT. JUST ONE SECOND.

>> I APOLOGIZE, SPECIAL MAGISTRATE.

THIS IS ONE GOING TO AMEND AS WELL.

SINCE HE IS NOT HERE, WE ARE GOING TO RESET IT.

I THINK WE HAVE TOO SINCE HE IS NOT HERE.

SO WE WILL AMEND IT. SEND HIM THE CITATION.

AND RESET THIS ONE. I APOLOGIZE.

>> THIS IS GOING TO BE CONTINUED TO JUNE 21.

JUST FOR THE RECORD. >> THANK YOU.

>>SPECIAL MAGISTRATE: OKAY, THANK YOU.

>>SPECIAL MAGISTRATE: ANYTHING ELSE?

>>MICHAEL RABENECKER: NO, YOUR HONOR.

>>SPECIAL MAGISTRATE: PEOPLE NOT PRESENT, HOW WERE THEY NOTIFIED.

>> 162.12, A NOTICE WAS SENT TO THE VIOLATOR BY REGISTERED MAIL.

IF TURNED GREEN, UNSIGNED A AT OF MAILING IS SENT TO THE VIOLATOR REGULAR U.S. MAIL. TEN DAYS PRIOR TO THE HEARING, A NOTICE IS IT POSTED ON THE THE BULL TURN BOARD.

A HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AT OF POSTING, IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD IS RETURNED UNCLAIMED. NOTICE OF THE HEARING IS HANDLED IN THE SAME MANNER. IF THE GREEN CARD IS UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, A NOTICE OF THE HEARING IS POSTED ON THE BULLETIN BOARD IN CITY

HALL. >>SPECIAL MAGISTRATE: ALL RIGHT.

ANYTHING

* This transcript was compiled from uncorrected Closed Captioning.