[1. CALL TO ORDER]
[00:00:56]
>>SPECIAL MAGISTRATE: WITH THAT BEING SAID FOR THOSE OF YOU WHO WISH TO BE HEARD, WE WILL CALL YOUR CASES SHORTLY.
BUT IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND
JUSTICE FOR ALL. >>SPECIAL MAGISTRATE: MADAM
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
CLERK, WHEN YOU ARE READY, CALL IN THE FIRST CASE.>> IF YOU WILL BE SWOORN IN TO TESTIFY, STAND PLEASE AND THE CLERK WILL SWEAR YOU IN. ANYONE WITH A CASE THAT WILL BE SPEAKING, YOU NEED TO BE SWORN IN.
RAISE YOUR RIGHT HAND IF YOU WILL BE FREE VIEDING TESTIMONY.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE WILL BE THE TRUTH. THANK YOU.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
SPECIAL MAGISTRATE, WE HAVE SOME CASE THAT WERE COMPLIED OR RESCHEDULED. AND THEY ARE AS FOLLOWS.CASE 22-2489. 527 NORTH 10TH STREET UNIT B.
CASE 22-3135, 119 MAPLE AVENUE, CASE 23-888, 5900 TEDDER ROAD.
AND 23-412, 1706 AVENUE D. >>SPECIAL MAGISTRATE: ALL RIGHT.
[B. 19-3145 4060 Selvitz Road Johnson, Bobby & Wanda Shaun Coss]
WHEN YOU ARE READY. >> THE FIRST CASE THIS MORNING IS 6B, CASE NUMBER 3145. BOBBY AND WANDA JOHNSON ARE THE
OWNERS. >>SPECIAL MAGISTRATE: GOOD
MORNING. >> MY NAME IS SHANA BEAR.
I AM AN ATTORNEY. I REPRESENT THE --
>>SPECIAL MAGISTRATE: GOOD MORNING, COUNSELOR.
>> GOOD MORNING. THE TENANT ATM SOLUTIONS.
THEY ARE AN ASPHALT PLANT THAT WAS IN OPERATION FOR SEVERAL YEARS. IT HASN'T CONDUCTED ANY OPERATIONS SINCE FEBRUARY. AS MR. COSS CAN TELL YOU, THIS IS AN OLD CASE. WE TOOK OUT SOME PERMITS BACK IN 2018 AND 2019. THERE HAVE BEEN VARIOUS ISSUES, LET'S SAY. THERE WERE -- THERE WAS SOME TURNOVER ON ATM SIDE, THE TENANT.
SOME TURNOVER IN THE CITY. AND THIS -- THE ISSUES HAVE BEEN -- HAVE BEEN KIND OF STAGNANT. THE VIOLATIONS CURRENTLY, IT INCLUDES FIVE. THREE OF THEM, I BELIEVE, HAD TO DO WITH THE INITIAL PLANS THAT WE SUBMITTED TO THE CITY HAD AN INCORRECT -- INCORRECT LABEL ON IT.
SO WE HAD TO REVISE THAT PLAN. WE HAVE REVISED THAT PLAN.
AND WE SUBMITTED IT TO THE CITY. THE OTHER TWO ITEMS ARE, WE NEED A REINSPECTION FOR OPEN PERMITS AND WE REQUESTED INSPECTIONS.
BECAUSE IT HAS BEEN SO LONG, THE BUILDING DEPARTMENT ISN'T SURE.
I THINK ONE OF THE PERMITS IS CLOSED.
SO THE BUILDING DEPARTMENT TOLD ME THEY WEREN'T SURE HOW TO PROCEED. AND THE LAST ONE IS A TEMPORARY USE PERMIT, WHICH WE APPLIED FOR, AND IT WAS GRANTED A YEAR AGO. NOW SINCE WE ARE NOT OPERATING, THE -- WE NO LONGER NEED A TEMPORARY USE PERMIT, I BELIEVE.
SO I THINK THAT HAS BEEN TAKEN CARE OF.
I DO WANT TO SAY WITH REGARD TO WHAT YOU OPENED WITH, MR. COSS, EVERY TIME I CONTACTED HIM, REQUESTED TO TALK, HE HAS RESPONDED RIGHT AWAY AND HAS HELPED ME.
AND HAS NOTHING BUT PROFESSIONAL.
SO I APPRECIATE THAT FROM HIM. AND FROM THE CITY.
SO AT THIS TIME, WE ARE ASKING -- YOU DID GRANT US AN EXTENSION OF TIME LAST TIME I WAS HERE. BUT WE DO NEED A LITTLE MORE
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TIME JUST BECAUSE WE ARE NOT REALLY SURE WHERE TO GO, YOU KNOW, BECAUSE THE CITY IS NOT SURE IF THEY CAN PERFORM THE INSPECTIONS BECAUSE OF THE STATE OF THE PERMITS.AND THAT SORT OF THING. WE ARE ASKING FOR AN ADDITIONAL BRIEF INSPECTION -- BRIEF EXTENSION.
WE ARE WILLING TO MAKE -- MAKE ALL OF THE CHANGES AND DO WHATEVER WE NEED TO DO TO BRING THESE VIOLATIONS AND COMPLIANCE
INTO A CLOSE. >>SPECIAL MAGISTRATE: HAVE YOU ALL DISCUSSED HOW MUCH TIME YOU WOULD NEED?
>> WE HAVEN'T YET, BUT IT IS JUST A MATTER, I THINK, OF HOW LONG THE BUILDING DEPARTMENT WOULD NEED TO SCHEDULE THE INSPECTIONS AND TO FIGURE OUT HOW TO REOPEN THE PERMITS.
>> SPECIAL MAGISTRATE, UNFORTUNATELY STAFF HAS A SLIGHTLY DIFFERENT POSITION. AND IT IS NOT GOING TO BE AS EASY OF A PROCESS AS THE RESPONDENT HAD INDICATED.
I THINK WE WILL NEED TO HAVE A FULL PRESENTATION ON THIS MAT MATTER.
>> SPECIAL MAGISTRATE, JUST A COUPLE OF HOUSE KEEPING MATTERS.
THE VIOLATORS IN THIS ARE BOBBY AND WANDA JOHNSON.
WE RECEIVED WRITTEN NOTARIZED AUTHORIZATION FROM THE OWNERS FOR THE TENANTS TO REPRESENT THEM AT THE HEARING TODAY THROUGH THE TENANTS' ATTORNEY. THAT AUTHORIZATION EXISTS IN THE FILE. MR. C TOOSS CAN GO THROUGH THE BACKGROUND OF THIS BECAUSE I BELIEVE IT IS MORE COMPLICATED THAN OUR AVERAGE BUILDING CASE. WHAT HE HAS ALSO DONE AND MR. COSS, HAS THIS BEEN PROVIDED TO COUNSEL?
>> NOT YET. >> WE WILL GIVE YOU A COPY OF THIS AS WELL. WHAT HE DID FOR EACH OF THE VIOLATIONS WHERE YOU WOULD SEND YOUR RESPONSE TO THEM IN E-MAIL, HE THEN PUT THAT INTO THAT VIOLATION NUMBER.
YOUR RESPONSE, AND THEN THE CITY'S RESPONSE IN WRITING.
I THINK OUR THOUGHT IS MAYBE THAT WILL MAKE IT A LITTLE BIT EASIER FOR EVERYONE TO FOLLOW BECAUSE IT IS A LITTLE BIT MORE COMPLICATED. SO I WILL GIVE YOU A CHANCE TO REVIEW THAT. ONCE SHE IS DONE REVIEWING, MR. COSS, IF YOU WANT TO GO THROUGH EVERYTHING AND YOU CAN MOVE IN WHATEVER YOU WOULD LIKE TO MOVE IN AS EVIDENCE.
>> YOU WANT ME TO REVIEW THIS NOW?
>> YES, MA'AM. IF YOU NEED TIME.
>>SPECIAL MAGISTRATE: WE CAN PASS IT SO YOU CAN READ IT AND
CALL IT BACK LATER UP. >> YEAH, IF YOU DON'T MIND
BECAUSE I JUST SAW THIS. >>SPECIAL MAGISTRATE: I TOOK
NOTE OF THAT. >> THE LAST TWO PAGES.
>> HE JUST GOT IT DONE. NOT LIKE WE ARE SITTING ON IT.
>> REAL BRIEFLY. THE FIRST TWO PAGES ARE THE ORIGINAL ORDER OF VIOLATION. THE FOLLOWING PAGES YOUR MASSEY
>> THE PAGE AFTER THAT WAS YOUR RESPONSE SENT FRIDAY AFTERNOON.
AND THE LAST TWO PAGES ARE THE SUMMARY OF WHAT THE INITIAL ORDER DETERMINING VIOLATION WAS, YOUR RESPONSE AND THE CITY'S
RESPONSE. >> SO IF I CAN HAVE A FEW
MINUTES. >>SPECIAL MAGISTRATE: I WILL GIVE YOU TIME TO DO THAT. AND WHEN YOU ARE READY, JUST RAISE YOUR HAND UP. I USED TO TEACH SCHOOL.
SO JUST RAISE YOUR HAND AND WE WILL TAKE CARE OF THAT.
>> THANK YOU. >> SPECIAL MAGISTRATE, JUST SO YOU ARE AWARE AROUND 9:25, I AM GOING TO HAVE TO EXCUSE MYSELF FOR A MEETING FOR 30 MINUTES OR AN HOUR AND I AM CONFIDENT THAT
STAFF CAN HANDLE THIS. >>SPECIAL MAGISTRATE: THANK YOU.
[A. 22-1448 902 Avenue E Simmons, LaTonya Logan Winn]
NEXT CASE. >> 51, 2-1448, 9302 APPLICANT AVENUEE. LA TONYA SIMMONS IS THE OWNER.
>>SPECIAL MAGISTRATE: GOOD MORNING.
>> GOOD MORNING, SPECIAL MAGISTRATE ROSS.
>> I AM LOGAN WINN, INVESTIGATOR FOR THE CITY OF FORT PIERCE.
902 AVENUEE. CASE IN I SHALL APRIL 27, 2022.
LA TONYA SIMMONS FORT PIERCE, FLORIDA, 34940.
IPMC, 111.1.3, UNSAFE EQUIPMENT, STRUCTURE UNFIT FOR HUMAN OBJECTING PAN TEE. DANGEROUS STRUCTURE OR PREMISE, EXTERIOR STRUCTURE GENERAL. UNSAFE CONDITIONS.
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WINDOW, DOORS AND FRAMES. GENERAL.UNSAFE CONDITIONS. INTERIOR SURFACES.
COMPONENT SERVICEABILITY GENERAL.
UNSAFE CONTINUES. CORRECTIVE ACTIONS, ONE, TO OBJECT FEIGN A PERMIT TO REPAIR AND REPLACE ALL FIRE DAMAGED WIRING, ELECTRICAL FIXTURE, DRYWALL, SOFFIT AND FASCIA.
ANY STRUCTURAL DAMAGE ARE REQUIRE SIGNED AND SEALED REPAIR PLANS DESIGNED BY A REGISTERED DESIGN PROFESSOR.
RECOMMENDATION, IF THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, VIOLATOR WILL BE GIVEN OF 60 TOYS TO OBJECT TABLE PERMIT, OBTAIN APPROVAL FOR REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAS-CLOSED COMPLY WITH OTHER PERMIT CONDITIONS OR A FINE OF $100 PER DAY WILL BE ASSESSED. A PERMIT APPLIED FOR ON JUNE 26.
IT WAS REJECTED IN BUILDING AND PLUMBING PLAN REVIEW.
COMMENTS WERE E-MAILED ON JUNE 29, 2023.
SO FAR NO RESPONSE TO THE REVIEW COMMENTS.
I DO HAVE A SET OF PICTURES OF THIS PROPERTY AS WELL.
>> HAS THE RESPONDENT SEEN THE PHOTO
PHOTOGRAPHS? >> THESE ARE OLD PICTURES.
WHEN THIS FIRST OCCURRED -- >>SPECIAL MAGISTRATE: HOLD ON.
HAVE YOU SEEN THE PICTURES? WE WILL GIVE YOU TIME TO
RESPOND. >> YEAH, I SEEN THEM.
I SEEN THESE THE LAST TIME. >>SPECIAL MAGISTRATE: HOLDS ON.
WE WILL HEAR FROM YOU. >> THE PHOTOGRAPHS DATE AND TIME
STAMPED WHEN THEY WERE TAKEN? >> YES, MA'AM.
>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PROPERTY ON THE DAY AND TIME IT WAS STAMP AND AND YOU OBSERVE IT?
>> YES, MA'AM. >> MOVE THE PHOTOGRAPHS IN AS
COMPOSITE EXHIBIT ONE. >>SPECIAL MAGISTRATE: THEY WILL
BE ADMITTED AS SUCH. >> YOU WILL HAVE A CHANCE TO
TALK AND EXPLAIN. >>SPECIAL MAGISTRATE: ANYTHING
>> YOUR NAME. >> SO ARE RADIO HE, LA TONYA
SIMMONS. >>SPECIAL MAGISTRATE: HOW DO YOU
RESPOND. >> THE PICTURES WERE THE SAME PICTURES PREVIOUSLY FROM 2022 WHEN IT FIRST BURNT.
I DO HAVE PREVIOUS PICTURES AND UP-TO-DATE PICTURE WHERE IS THE HOUSE IS BOARDED. I DID COMMIT PERMITS SINCE THE LAST TIME WE MET SENT TO THE E-MAIL WITH ADDITIONAL INFORMATION THAT WAS NEEDED. I DID JUST COME ACROSS OR STUMBLED ACROSS THOSE. I DID SPEAK WITH THE BUILDING DEPARTMENT WHO GAVE ME OR PROVIDED ME WITH UPDATED INFORMATION. I CALLED AND SPOKE WITH THE -- WITH ONE WHO SENT THE RESPONSE AS WELL.
BUT HE TOLD ME TO HAVE THE ENGINEER CALL HIM.
AND I AM WORKING ON THE PROCESS OF GETTING -- THERE WERE THREE REQUIREMENTS THAT WERE NEEDED. SOMETHING WITH THE AC AND A PART OF THE ROOF -- SORRY I AM WORKING ON THAT TO GET THE PERMITS APPROVED SO I CAN PROCEED WITH REPAIRING THE
BUILDING. >>SPECIAL MAGISTRATE: YOUR INTENTIONS ARE TO REPAIR AND REPLACE THE DAMAGE?
>> YES, MA'AM, THE PROCESS HAS BEEN SLOW BEING FROM THE FIRST TIME IT OCCURRED BECAUSE THIS WAS A PROJECT THAT ME AND MY FATHER WAS WORKING ON THAT RECENTLY PASSED.
SHAH SLOWED DOWN THE PROCESS AND I AM BACK ON TRACK GETTING THE PERMITS AND I APPLIED WITH THE PERMITS AND I NEEDED ADDITIONAL INCLUDED IN THE PLAN, BUT NOT INCLUDED IN THE PAPERWORK THAT
WAS SUBMITTED. >>SPECIAL MAGISTRATE: WHEN DID
YOU APPLY FOR THE PERMIT? >> I WANT TO SAY IT WAS THE 25TH OF JUNE. 24TH.
THEY SAID IT WAS DENIED AND I DID RECEIVE AN E-MAIL ON THE 29TH WITH THE THREE REQUIREMENTS THAT WAS -- OR THE THREE REASONS WHY IT WAS DENIED. I AM WORKING ON -- ONE OF THEM WAS AN AC REPAIR. I AM WORKING TO GET HIM WITH THE CALCULATIONS AND ANOTHER ONE WAS A PART OF THE ROOF TRUSS THAT IS NOT BEING REPAIRED. THEY WANTED INFORMATION ON THAT.
THOSE WERE THE ONLY THREE THINGS THAT WERE.
>>SPECIAL MAGISTRATE: WHEN DO YOU EXPECT TO HEAR FROM THEM?
>> I JUST -- WELL, I GOT THE E-MAIL ON THE 29 TH OF JUNE.
SO I AM WORKING ON IT WITH THE ELECTRICIAN TO GET -- TO GET DOWN TO THE BUILDING DEPARTMENT TO SEE WHAT FORMS. THEY NEEDED SOME KIND OF SUBCONTRACTING FORMS. SO I WAS -- WITHIN THE NEXT WEEK OR TWO, I SHOULD HAVE THEM DOWN TO -- TO THE BUILDING DEPARTMENT TO GET THE -- GET THE REQUIRED
[00:15:04]
PAPERWORK THAT IS NEEDED TO GET THE PERMITS APPROVED.FORTUNATELY I WILL NEED MORE TIME BECAUSE THIS IS MY FIRST PROJECT AND I WASN'T AWARE OF THE REQUIREMENTS THAT IS NEEDED AND NOW IMPLORE INTUITIVE AND I KNOW WHAT STEPS I NEED TO TAKE WITH THE BUILDING DEPARTMENT WORKING WITH ME.
SO I DO KNOW WHAT I NEED TO DO, I JUST HAVEN'T DONE IT AS OF
YET. >>SPECIAL MAGISTRATE: DO YOU THINK YOU CAN HAVE THIS DONE -- THE REQUIREMENTS WITH THE
PAPERWORK IN 60 DAYS? >> YES, MA'AM, WITH THE INFORMATION THAT IS NEEDED, I JUST -- I SHOULD BE ABLE TO GET THAT DOWN TO THE BUILDING DEPARTMENT FOR THEM TO APPROVE THE PERMITS. ONCE THE PERMITS ARE APPROVED, I WILL BE ABLE TO PROCEED WITH THE W
WORK. >>SPECIAL MAGISTRATE: MR. COSS.
>> YES, MA'AM. THE PERMIT WAS APPLIED FOR JUST LAST MONTH. I DO SHOW IT AS BEING REJECTED STATUS. STAFF AMEND RECOMMENDATION WOULD BE TO CONTINUE THIS CASE FOR 30 DAYS TO ALLOW FOR THE PERMIT TO
BE PROCEPROCESSED. >>SPECIAL MAGISTRATE: OKAY, MISS SIMMONS. I KNOW OF THE PERMITTING PROCESS WITH MY OWN EXPERIENCE WITH THE COUNTY.
SO WHAT I WILL DO IS -- YOU THINK YOU CAN GET THIS DONE
WITHIN 60 DAYS? >> AS FAR AS THE PERMIT OR THE
WHOLE -- >>SPECIAL MAGISTRATE: NO, THE
PERMITTING. >> YES, BEING THAT THE INFORMATION THAT THEY NEEDED SHOULD BE A SIMPLE PROJECT.
I AM NOT FAMILIAR WITH THE ELECTRICIAN OR WORK THAT IS NEEDED BUT THE ELECTRICIAN DOING IT, HE IS FAMILIAR WITH IT.
AND I AM SURE IT HE WILL GET THE INFORMATION THAT IS NEEDED DOWN
TO HIM BEFORE 60 DAYS. >>SPECIAL MAGISTRATE: IF YOU CAN GET IT DONE WITHIN THAT PERIODS OF TIME, YOU MAY BE ABLE TO GET THE WORK DONE, BUT I CAN TELL YOU FROM MY OWN EXPERIENCE, IT'S -- WE HAVE GOT A GENTLEMAN IN THE BACK THAT DOES A LOT OF WORK AND IT TAKES A WHILE. SO I WILL GIVE YOU 60 DAYS TO CO COMPLY.
A I WILL CONTINUE THIS FOR 60 DAYS, MADAM CLERK.
>> TO YOUR SEPTEMBER DOCKET? >>SPECIAL MAGISTRATE: YES.
HOPEFULLY YOU WILL HAVE EVERYTHING DONE AND AT LEAST STARTED, AND THEN YOU WOULD HAVE TO COME BACK.
>> THANK YOU SO MUCH. >>SPECIAL MAGISTRATE: HOLD ON,
COUNSELOR. >> I WANT TO CLARIFY.
YOU SAID 60 DAYS TO DRY. YOU ARE NOT FINDING A VIOLATION, YOU ARE CONTINUING FOR 60 -- FOR HER TO WORK WITH STAFF TO GET
DONE WHAT NEEDS TO BE DONE. >>SPECIAL MAGISTRATE: IT IS HARD TO FIND PEOPLE TO DO THE WORK, BUT I AM NOT TRYING TO GIVE ANYBODY ANY BUSINESS BACK HERE, BUT THE GENTLEMAN BACK THERE IN THE LIME-GREEN SHIRT MIGHT BE ABLE TO TELL YOU WHAT YOU NEED TO DO. ALL RIGHT.
>> I JUST WANT TO SAY THANK YOU. THAT IS MY PLACE.
I WAS STUCK TRYING TO FIGURE OUT WHERE TO GO AND WHO TO GO TO, BUT I APPRECIATE YOUR HELP AND THE EXTENSION AS WELL.
AND I WILL CERTAINLY DO MY BEST TO MAKE SURE IT IS ALL IN PLACE
BEFORE THOSE 60 DAYS. >>SPECIAL MAGISTRATE: I WILL CONTINUE IT UNTIL THEN. ALL RIGHT, GOOD LUCK.
>>SPECIAL MAGISTRATE: YOU MIGHT WANT TO GIVE HIM A LITTLE HOLLER
BACK THERE. >> SPECIAL MAGISTRATE, I WILL EXCUSE MYSELF. MAKE SURE STAFF THAT YOU ARE SHOWING THE PHOTOGRAPHS TO THE RESPONDENTS AND INDICATING FAIRLY AND ACCURATELY DEPICTED AS WHAT YOU SAW.
IF THEY ARE NOT PHOTOGRAPHS THAT YOU TOOK, MAKE SURE YOU SAY WHO TOOK THEM AND MAINTAINED IN THE FILE.
>>SPECIAL MAGISTRATE: THANK YOU, COUNSELOR.
NEXT CASE. >> 4006 SELVITZ ROAD.
>>SPECIAL MAGISTRATE: READ IN THE CASE NUMBER.
>> YES, MA'AM. THE CASE NUMBER IS CASE 19-3145, 4006 SELVITZ ROAD, BOBBY A AND WANDA JOHNSON.
>>SPECIAL MAGISTRATE: STATE YOUR NAME.
>> SHAUNA BEAR. >> SPECIAL MAGISTRATE, CASE 19-31450, 4006 SELVITZ ROAD, BOBBY AND WAND AA JOHNSON.
THE VIOLATIONS, SECTION 5-1.105.1, PERMIT REQUIRED AND SECTION 105.4.1.2 EXPIRED PERMIT.
THERE WAS AN EXTENSION OF TIME ON OCTOBER 18, 2021 AND AFFIDAVIT OF NONCOMPLIANCE STARTING FINES ON JANUARY 20,
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2022. THE RESPONDENT HAD REQUESTED AN EXTENSION, WHICH WAS GRANTED ON APRIL 19, 2022 FOR ONE YEAR.FOLLOWING THE EXPIRATION OF THE EXTENSION, AN ADDITIONAL AFFIDAVIT OF NONCOMPLIANCE RESTARTING THE FINES WAS RECORDEDMAN MAY 11, 2023. I BELIEVE THE RESPONDENTS' COUNSEL PROVIDED THEIR POSITION ON THIS.
I ALSO INVITED THE CITY EDGE NEAR AND PLANNING DIRECTOR HERE THIS MORNING. BECAUSE I BELIEVE THE RESPONDENT IS INDICATING THAT THEY FEEL THAT THEY HAVE COMPLIED WITH THE PLANNING CONDITIONS FOR THE TEMPORARY USE PERMIT.
AND ALSO THAT THEY HAVE RECEIVED APPROVAL FROM THE ENGINEERING DEPARTMENT AS FAR AS SITE WORK THAT WAS COMPLETED.
IF THAT IS YOUR POSITION, I WOULD LIKE TO KIND OF GO AHEAD AND DISCUSS THAT TO TAKE CARE OF THAT MATTER BEFORE WE GET INTO FURTHER DETAILS ON BUILDING RELATED MATTERS.
>> I WOULD LOVE THAT. >> OKAY.
>> THE MORE CLARIFICATION THE BETTER FOR US.
>> OKAY. IF YOU COULD JUST -- WITH REGARD TO PLANNING DEPARTMENT, YOU IN THE MASSEY LETTER, YOU INDICATED THAT YOU FELT YOU HAD COMPLIED WITH THE PLANNING DEPARTMENT MATTERS AND RECEIVING THE TEMPORARY USE PERMIT, IS THAT
>> KEV FREEMAN IS SO YOU ARE PLANNING DIRECTOR AND I WOULD
LIKE FOR HIM TO SPEAK ON THAT. >> JUST FOR CLARITY, THE REASON WHY WE WERE UNDER THE IMPRESSION IS WE WERE WORK INGING WITH JEN HAVE MEISTER AND JACK AT THE PLANNING DEPARTMENT.
>> JACK IS THE CITY ENGINEER. >> E-MAIL FROM JEN WITH ALL OF US ON IT SAYING THE PERMIT WAS APPROVED.
THAT'S WHY WE WERE UNDER THE UNDERSTANDING.
AND JUST FOR THE RECORD, SPECIAL MAGISTRATE, I CAN STAND HERE ALL DAY AND EXPLAIN THE HISTORY OF THIS, WHAT IS GOING ON AT THE PLANT. THERE HAVE BEEN SEVERAL OWNERS.
IT'S JUST BEEN A MESS. SOME OF THE -- THE ORIGINAL CONTRACTOR WHO TOOK OUT THE PERMIT WAS IN THE ASPHALT PLANT AND COMMITTED FRAUD. WE HAD TO TAKE OVER.
WE RETAINED A GENTLEMAN GEORGE DENTE TO TO WORK WITH THE CITY ON OUR BEHALF BECAUSE EVERYTHING WAS SO CONVOLUTED.
SHAUN AND I SPOKEN AT LENGTH. TURNOVER AT THE CITY THAT CAUSED CONFUSION TO OUR PART. E-MAILS TO US THAT WE WERE IN COMPLIANCE WITH THE TEMPORARY USE PERMIT AS I READ IT.
THAT IS WHY WE THOUGHT THEY WERE IN COMPLIANCE.
I HAVEN'T MET THESE TWO GENTLEMAN.
NICE TO MEET YOU FIRST. I AM SHANA BEAR.
A CONVERSATION WITH YOU TODAY MAY HAVE BEEN GREAT, BUT I AM HAPPY TO TALK TO YOU AND HEAR WHAT YOU HAVE TO SAY AND TO
WHATEVER WE NEED TO DO. >> THIS IS JUST REGARD TO NUMBER
5, TEMPORARY USE. >> YES AND NO.
SO ACTUALLY THE ORDER DETERMINING VIOLATION REGARDING THE TEMPORARY USE AGREEMENT, THAT IS AN ITEM THAT YOU OBTAIN FROM THE BUILDING DEPARTMENT. THAT IS ACTUALLY A SEPARATE ITEM FROM THE TEMPORARY USE PERMIT THAT IS OBTAINED BY THE PLANNING DEPARTMENT SO AT THIS POINT, THAT IS WHAT YOU BELIEVE J
JEN HOFFMEISTER HAD APPROVED. >> IS JEN IN PLANNING OR
SHE WAS A PREVIOUSLY PLANNING DIRECTOR.
>> SHE APPROVED THE TEMPORARY USE PERMIT, NOT AGREEMENT?
>> I DON'T BELIEVE SHE APPROVED EITHER AND MR. FREEMAN HAS
DOCUMENTATION ON THAT. >> OKAY.
KEVIN FREEMAN, PLANNING DIRECTOR.
MY PREDECESSOR WAS THE INCUMBENT PLANNING DIRECTOR OF THE TIME OF THIS APPLICATION. FROM THE RECORDS THAT WE HAD, WE FIND NO PERMITS FOR WHAT WE UNDER CONDITIONAL USE WHICH IS - ARTICLE V, SECTION 12R5, 325 OF THE CITY'S CODE OF ORDINANCES WHICH HAS MR. COSS OUTLINED IS A SEPARATE ISSUE FROM THE BUILDING PERMIT TEMPORARY USE. THIS IS A PROCESS WHICH IS REVIEWED BY THE PLANNING DEPARTMENT AND THEN THROUGH THE
[00:25:01]
PLANNING BOARD AND THE CITY COMMISSION.AND TEMPORARY USE, A CONDITIONAL USE FOR TEMPORARY USE.
YOU ARE ONLY USUALLY LASTS ONE YEAR.
THE E-MAILS THAT I HAVE, WHICH I WAS DELIVERED THIS MORNING THROUGH A SEARCH OF OUR RECORDS DATE BACK TO AUGUST -- BETWEEN JULY AND AUGUST 2020 WHERE THE PLANNING DEPARTMENT WAS ASKING FOR ADDITIONAL INFORMATION TO ENABLE THIS TO BE PUT ON THE DOCKET FOR THE TECHNICAL REVIEW COMMITTEE, WHICH THE PRECURSOR TO THE APPLICATION GOING TO THE PLANNING BOARD.
THAT LOOKS LIKE IT DID NOT OCCUR.
WE CAN FIND NO RECORD OF THAT HEARING OR THE PERMIT BEING ISSUED FOR THE TEMPORARY USE AT THAT TIME.
>> THAT IS IN 25020? >> 2020, YES.
>> SO I DON'T HAVE IT IN FRONT OF ME, BUT THERE IS -- SHAUN.
YOU WERE ON THE E-MAIL. E-MAILS BETWEEN ME, JEN AND JACK. AND IT WAS BEFORE THE LAST YEAR'S HEARING, WHICH I THINK WHEREAS IN APRIL.
WE WERE PUSHED BY THE CITY TO APPLY AND FAY THE FEE FOR THIS TEMPORARY USE PERMIT. I WAS ASKING SHAUN IF THAT WILL NULLIFY THE HEARING LAST YEAR. YOU TOLD ME NO.
COME TO THE HEARING AND I DID. AN E-MAIL FROM JEN A FEW DAYS BEFORE TO YOU ALL IN THE CITY THAT SAYS THE PERMIT -- THE TEMPORARY USE PERMIT IS APPROVED.
AND THAT THE TENANT SHOULD HAVE ONE YYEAR.
THAT IS DEFINITELY WITHIN THE CITY'S RECORDS IF YOU HAVE ACCESS TO JEN'S E-MAIL. IF NOT, I AM HAPPY TO GET ON MY LAPTOP AND FIND IT, BUT I WOULD NEED SOME TIME.
BUT SUFFICE TO SAY, THIS CASE IS ABSOLUTELY CONVOLUTED AS SOMEONE SAID BEFORE. THERE IS A LOT OF CONFUSION.
YOU KNOW, I DON'T KNOW -- THE NUMBER FIVE SAYS TEMPORARY USE AGREEMENT. I GUESS IT IS NO LONGER CALLED THAT. NOW A TCO YOU WANT US TO GET.
BUT I THINK THERE -- WE NEED SOME TIME WITH THE CITY TO -- TO REALLY HONE IN ON WHAT YOU GUYS WANT.
BECAUSE I THINK THAT, YOU KNOW, FROM OUR PERSPECTIVE, WE PROVIDED A LOT. WE SPENT THOUSANDS -- TEN IT IS OF THOUSANDS OF DOLLARS ON GEORGE DENTE, ON MAKING IMPROVEMENTS. ON SURVEY, REVISED SURVEY AND RESPECTFULLY, WE WOULD LOVE TIME TO SIT IN A ROOM WITH YOU GUYS FOR AN HOUR. AND WE WILL DO WHATEVER YOU NEED US TO DO. BUT WE ARE NOT GETTING -- WE ARE NOT GETTING CLEAR ANSWERS. IT'S THE FIRST TIME I AM MEETING YOU. I WOULD LOVE TO WORK WITH YOU MORE. BUT WE NEED MORE TIME.
AND -- AND I KNOW THAT THERE IS BEEN SIGNIFICANT AMOUNT OF TIME WITH THESE ISSUES. BUT THE WAY I SEE IT, SPECIAL MAGISTRATE, YOU KNOW, WE HAVEN'T REALLY BEEN GIVEN CLEAR DIRECTION AND WE NEED MORE TIME AND WE RESPECTFULLY REQUEST MORE
TIME. >> SPECIAL MAGISTRATE, IF I MAY.
WHEN THE PLANNING DEPARTMENT HAS NO ISSUE WITH SITTING DOWN AT SOME TIME WITH THE -- WITH THE APPLICANT TO DISCUSS FURTHER THE ISSUES RELATED TO THE PLANNING PART AND PORTION WITH THIS.
UNDERSTANDING THERE ARE OTHER ISSUES FROM PART OF THIS HEARING IN TERMS OF THE PERMIT FOR CONDITIONAL USE FOR THE BUILDING DEPARTMENT, THAT HAS NO TEMPORARY USE.
I HAVE NO OBJECTION -- THE DEPARTMENT HAS NO OBJECTION OF SITTING DOWN AND DISCUSSING THESE ITEMS THROUGH.
>> IF I MAY ASK YOU A QUESTION. IF THE PLAN IS NOT IN OPERATION,
IS THE TEMPORARY USE NEEDED? >> I THINK THAT WOULD BE A
DISCUSSION -- SORRY. >>SPECIAL MAGISTRATE: I AM SORRY. THAT IS SOMETHING THAT YOU ALL
NEED TO DISCUSS. >> YES SOMETHING THAT I CAN'T DECIDE. I WILL CONTINUE THIS FOR 60 DAY
>> SUPERVISE OKAY. AND IF YOU ALL HAVE TIME THIS MORNING. YOU CAN TALK ABOUT IT.
>> I WILL MAKE TIME. >>SPECIAL MAGISTRATE: DO YOU
GUYS HAVE TIME? >> I WILL TRY TO MAKE TIME, YES.
>>SPECIAL MAGISTRATE: I KNOW YOU ARE BUSY.
I DO KNOW THAT. SO I WILL CONTINUE THIS FOR 60 DAYS, MADAM CLERK. AND HOPEFULLY WITHIN THAT 60-DAY PERIOD YOU ALL CAN WORK THAT OUT AND YOU WON'T HAVE TO COME BACK H HERE.
[00:30:02]
>> THIS WILL BE GREAT. >>SPECIAL MAGISTRATE: THAT OKAY
>> SPECIAL MAGISTRATE, I -- WE CERTAINLY ARE AGREEABLE TO A CONTINUANCE IF THE RESPONDENT IS AGREEING THAT THIS PROPERTY IS NOT IN IN COMPLIANCE. THE RESPONDENT'S POSITION THAT WAS FRIDAY AFTERNOON THAT THEY WERE THEY HAVE ALL OF THEIR REQUIREMENTS. MY DISCUSSION ARE MR. FREEMAN AND MR. ANDREWS, IT IS CLEAR THERE WILL BE SUBSTANTIAL REVISIONS AND ADDITIONAL PROCESSES THAT NEED TO TAKE PLACE FOR APPROVAL OF THE PROCESS.
TWO OF THE PERMITS FOR THE CONTAINERS, TRAILERS.
THEY WERE NEVER ISSUED. THEY EXPIRED.
NEW PERMIT SUBMITTALS WILL BE REQUIRED FOR THE CONTRACTOR.
AND THE SITE WORK PERMIT WHICH WAS EXPIRED WILL NEED TO HAVE OFFICIAL REVISIONS SUBMITTED BY THE CONTRACTOR OF RECORD ALONG WITH ADDITIONAL REQUIREMENTS THERE.
WILL ANDREWS, WHILE HE HAVEN'T HAD A CHANCE TO SPEAK WITH US THIS MORNING, HE HAS INDICATED THAT THE PROPERTIES THEMSELVES NEED TO BE UNIFIED IN SOME MANNER AS THE ACTIVITY OF THIS PROPERTY IS NOT CONSISTENT WITH WHAT WAS INITIALLY PROPOSED OR APPROVED. SO THERE IS SUBSTANTIAL THINGS THAT WILL NEED TO BE DONE FOR THIS MATTER TO MOVE FORWARD.
WE CAN CERTAINLY, YOU KNOW, CONTINUE THIS AND FURTHER TOGETHER A TIMELINE AND ACTION PLAN FOR COMPLIANCE.
BUT I WOULD ARE RESPECTFULLY LIKE TO KNOW TODAY THAT THE RESPONDENT IS AGREEABLE IN DOING THAT.
OTHERWISE OUR RECOMMENDATION WOULD BE TO RESTART THE FINES.
>> SO I THINK I SAID A FEW TIMES THIS MORNING WE ARE MORE THAN WILLING TO WORK WITH THE CITY. AND WE WANT TO.
AND YOU HAVE MY WORD ON THAT. I DO WANT TO POINT OUT, M MR. COSS, THE FIRST TIME THAT I HEARD WE NEEDED A CONTRACTOR TO SUBMIT THE PLANS AND GET A NEW PERMIT AND ALL THAT STUFF WHEN YOU HANDED ME THOSE TWO SHEETS OF PAPER.
IT DOESN'T SAY THAT IN THE ORDER DETERMINING VIOLATION.
>> IT WASN'T APPLICABLE AT THAT TIME SINCE THIS CASE WAS FOUR YEARS AGO. AND THERE WAS A CONTRACTOR AT THAT TIME. THAT -- UNFORTUNATELY, JUST DUE TO THE LENGTH OF THIS CASE, A LOT OF THE SCENARIOS HAVE CHANGED. FOR EXAMPLE, I WAS ABLE TO FIND THE E-MAIL THAT YOU REFERENCED FROM JEN HOFFMEISTER DATED APRIL 18, 2022 WHERE SHE PROVIDED THE APPLICANT DID SUBMIT WAS APPROVED BY PLANNING AND PAID FOR THE YEAR EXTENSION AND SHOULD NOT AT THIS TIME BE SCHEDULED FOR A HEARING BEFORE THE SPECIAL MAGISTRATE. THAT WAS A ONE-YEAR EXTENSION APRIL 18, 2022. EVEN IF THAT WAS APPROVED, IT IS, AGAIN, EXPIRED. SO THERE IS --
>> UNDERSTOOD. >> ACTIONS WITH EACH DEPARTMENT.
THE PLANNING DEPARTMENT, ENGINEERING DEPARTMENT AND BUILDING DEPARTMENT THAT WILL NEED TO SIT DOWN AND DISCUSS.
>> LISTEN, I TOTALLY UNDERSTAND. LIKE I SAID, I KNOW THIS HAS BEEN PENDING FOR A LONG TIME. BUT YOU HAVE MY COMMITMENT, THE TENANTS' COMMITMENT TO BRING EVERYTHING IN COMPLIANCE. PFOR SAID I DON'T AGREE THAT THE PROPERTY IS NOT IN COMPLIANCE AND I DON'T WANT TO AGREE TO THAT ON THE RECORD.
WHAT YOU SAID MR. ANDREWS SAID AND TAKE TIME AND REVISIONS AND ALL THOSE THINGS, I WOULD SUGGEST MORE THAN 60 DAYS BECAUSE IF SOUNDS LIKE YOU ARE SAYING IT WILL TAKE MORE THAN 60 DAYS. I WILL STAY HERE AS LONG AS I HAVE TO MEET WITH YOU ALL AND FIGURE IT OUT, BUT I THINK WE NEED TO AT LEAST DOUBLE THE TIME.
>>SPECIAL MAGISTRATE: HOW MUCH TIME DO YOU THINK YOU ALL NEED?
>> FROM A PLANNING STANDPOINT, WHAT WOULD A TIMELINE BE FOR
CONDITIONAL USE, TEMPORARY USE? >> I WOULD LIKE -- I THINK THE 60 DAYS WOULD SUFFICE. WITH A PROVISION THAT AN APPLICATION WOULD BE SUBMITTEDED TO REGULARIZE THE ISSUES THAT WE HAVE OUTSTANDING WITH PLANNING. AN YOU ARE AGAIN SEE TO RESOLVE THE BUILDING PERMIT ISSUES THAT WOULD BE I THINK ABLE TO BE SOL SOLVED WITHIN THAT TIME LINE.
>>SPECIAL MAGISTRATE: ANYTHING FURTHER?
>> SO ARE YOU SAYING WE WILL CONTINUE FOR 60 DAYS IN ORDER TO
GET THE APPLICATIONS IN? >> YES, MA'AM.
I WOULD LIKE -- FROM THE PLANNING DEPARTMENT.
FROM THE PLANNING ISSUE. THE ACTUAL PROCESSING OF THE APPLICATIONS CAN TAKE BETWEEN 90 AND 120 DAYS AND I DON'T THINK
THAT IS WARRANTED TO EXTEND. >> IT WILL TAKE 120 DAYS, BUT
[00:35:04]
YOU DON'T WANT TO GIVE US 120 DAYS?>> I WOULD LIKE TO SEE A SUBMITTAL OF PLANNING APPLICATIONS THAT WILL BE IN THE PROCESS AS WE -- AS WE RETURN TO THIS SPECIAL MAGISTRATE IN 60 DAYS.
SO THAT I CAN TESTIFY THAT THE PROCESS IS BEING UNDERTAKEN.
>> GOT IT. SO YOU WANT US TO SUBMIT THE APPLICATION, NOT HAVE EVERYTHING RESOLVED IN 60 DAYS.
>> AS I SAID, THERE ARE OTHER MATTERS ON THIS DOCKET WITH REGARD TO THIS ITEM THAT ARE OUTSIDE MY -- AND THE PLANNING BOARD'S -- THE PLANNING DEPARTMENT'S CONTROL AND ISSUE.
THERE ARE ENGINEERING ISSUES. THERE ARE BUILDING ISSUES.
I THINK THOSE ITEMS NEED TO BE ADDRESSED SEPARATELY.
>>SPECIAL MAGISTRATE: HOLD ON. SOMEBODY'S PHONE IS GOING OUT.
IF YOU DON'T KNOW HOW TO TURN IT OFF.
IF IT GOES OFF AGAIN, I WILL PUT YOU OUT OF HERE.
I AM SORRY. >> THANK YOU, SPECIAL MAGISTRATE. AS I WAS SAYING, I THINK THERE ARE OTHER ISSUES RELATING TO THIS PARTICULAR ITEM WISCONSIN I WOULD DEFER THE TIMELINE EXTENSION TO BUILDING AND ENGINEERING IN TERMS OF WHAT THEY REQUIRE AND WHAT THEY WILL BE EXPECTING TO HAPPEN WITHIN THAT TIMELINE.
>>SPECIAL MAGISTRATE: OKAY. >> SPECIAL MAGISTRATE.
>>SPECIAL MAGISTRATE: STATE YOUR NAME FOR THE RECORD.
>> MY NAME IS JACK ANDREWS. I AM THE CITY ENGINEER.
I GUESS A LOT OF THIS STEMS FROM WHAT THE APPLICANT IS LOOKING FOR. WHEN ENGINEERING GETS INVOLVED, WE LOOK AT THE SITE PLAN. THE PARCEL SIDE.
EVERYTHING ON THAT. ENGINEERING DOESN'T REALLY GET INVOLVED IN THE TEMPORARY USE PER SE.
BUT WHAT HE CAN NEARING IS CONCERNED ABOUT IS THE DRAINAGE.
THE ACCESS TO THE PROPERTY. THIS -- THIS PARTICULAR PARCEL GOES THROUGH TWO OTHER PARCELS TO GET TO IT.
NO LEGAL ACCESS TO IT. THERE IS EXISTING ASPHALT MILLINGS THAT STOCKPILED ON THIS SITE.
THAT IS WHERE ENGINEERING GETS CONCERNED ABOUT HOW THIS IS GOING TO BE HANDLED AS FAR AS RUNOFF AND CONTAMINATION THAT COMES OFF THE SITE. SO I WOULD LIKE TO SIT DOWN WITH THE APPLICANT AND DETERMINE WHAT THEY ARE ACTUALLY LOOKING FOR.
>>SPECIAL MAGISTRATE: AND YOU ARE OKAY WITH A 60-DAY CONTINUANCE FROM MY PERSPECTIVE SO Y'ALL CAN DISCOVER WHAT
REALLY NEEDS TO BE DONE. >> SPECIAL MAGISTRATE, SO MY RECOMMENDATION IS TO STAY THE ACCRUAL OF THE FINES FOR 60 DAYS TO ALLOW FOR A MEETING TO OCCUR BETWEEN ALL PARTIES INVOLVED AND TO COME UP WITH AN ACTION PLAN AND TIMELINE AS LONG AS THAT IS BEING COMPLETED WITHIN 60 DAYS, THIS MATTER WILL NOT NEED TO COME BACK BEFORE YOU; HOWEVER, IF AN AGREEMENT IS NOT MADE BETWEEN 60 DAYS, THIS ITEM WILL BE ON YOUR DOCKET FOR OCTOBER.
>>SPECIAL MAGISTRATE: ARE YOU IN ALL AGREEMENT WITH THAT?
>> YES, MA'AM. >>SPECIAL MAGISTRATE: ALL RIGHT.
I WILL CONTINUE IT FOR 60 DAYS. HOPEFULLY YOU GUYS CAN WORK THINGS OUT AND YOU WON'T HAVE TO COME BACK IN HERE AGAIN.
>> I DO APPRECIATE YOUR WILLINGNESS TO.
>>SPECIAL MAGISTRATE: THANK YOU. >> SO CONTINUED TO THE SEPTEMBER
DOCKET. >> WE WILL CONTINUE TO OCTOBER.
60 DAYS TO COME UP WITH THE ACTION PLAN AND THEN --
[B. 23-738 900 W Weatherbee Rd Rangel, Teresa M & Saundra B Anthony Jetmore]
>>SPECIAL MAGISTRATE: NEXT CASE, MADAM CLERK.
>> NEXT CASE 5B, 23-738, 900 WEST WEATHERBEEROAD.
TERESA AND SAU INHDRA RANGEL ARE THE OWNERS.
THE RESPONDENT WAS NOT PRESENT FOR SWEAR-IN AND I WILL HAVE TO
SWEAR IN. >> ANTHONY OF JETMORE.
I AM AN INSPECTOR FOR THE CITY OF FORT PIERCE CASE NUMBER 23-738. ADDRESS 900 WEST WEATHERBEE
[00:40:01]
ROAD. CASE INFORMATION.THE OWNER IS TERESA M. A AND SAUNDRA B. RAANGEL.
VIOLATION IS FBC 1305.1, PERMIT REQUIRED.
IPMC 111.1.1, UNSAFE STRUCTURES. IPMC 111.1.2, 2021, UNSAFE EQUIPMENT. IPMC, 111.1.3, 2021, STRUCTURE UNFIT FOR HUMAN OCCUPANCY. IPMC, 111.1.5, 2021, DANGEROUS STRUCTURE ON PREMISE. IPMC 304.1, 2021, EXTERIOR STRUCTURE, GENERAL, I AREPMC 304 .1.1, 2021, UNSAFE CONDITIONS.
IPMC, 304.4, 2021, STRUCTURAL MEMBERS.
IPMC 304.6, 2021, EX-ITER I DON'T REMEMBER WALLS.
IPMC 304.13, 2021, WINDOW SKYLIGHT AND DOOR FRAMES.
IPMC 305.3, 2021, INTERIOR SURFACES.
IPMC 306.12021, COMPONENT SERVICEABILITY.
GENERAL. UPMC 306.1.12021, UNSAFE CONDITIONS. CORRECTIVE ACTION OBTAIN PERMIT TO REPAIR AND REPLACE ALL DAMAGED WIRING, ELECTRICAL FIXTURE, DRY WALL, SOFFIT AND FASCIA.
ANY STRUCTURAL DAMAGE WILL BE REQUIRED SIGNED AND SEALED REPAIR PLANS. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATORS WILL BE 60 DAYS TO OOB TAINE A PERMIT, OBTAIN APPROVAL OF ALL REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT IS CLOSED. COMPLY WITH OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
>>SPECIAL MAGISTRATE: THANK YOU. MA'AM, STATE YOUR NAME.
>> SANDRA RANGEL. RAISE YOUR RIGHT HAND, PLEASE.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU PROVIDE WILL BE
>>SPECIAL MAGISTRATE: HOW DO YOU RESPOND TO THE ALLEGATIONS?
>> UNDER, SO WE BASICALLY HAD THIS HAPPEN.
WE -- IT'S LIKE A CAR FLEW INTO OUR HOUSE.
IT IS A REALLY BUSY INTERSECTION.
AND THERE WERE, LIKE, NOT ANY BRAKE MARKS ON THE YARD.
HE JUST FLEW RIGHT IN. SO WE -- WE HAVE INSURANCE AND THE PERSON THAT, YOU KNOW, WAS AT FAULT ENDED UP ABOUT TWO WEEKS LATER ENDED UP NOT HA INSURANCE.
SO IT HAS BEEN REALLY HARD. WE HAVE CITIZENS INSURANCE.
CITIZENS HAVE BEEN DRAGGING OUT FEAR REGARDING OUR CLAIM.
A COUPLE OF DOCUMENTS WITH ALL OF OUR EFFORTS TO KIND OF INDEMNIFY OUR HOUSE AND GET IT BACK IN ORDER.
WE HAVE A -- WE HAVE, LIKE, A AIRBNB THAT WE ARE USING IN THE
MEANTIME. >>SPECIAL MAGISTRATE: SORRY?
>> WE HAVE A HOME RENTAL. AND WE WERE WAITING ON THE ENGINEERING REPORT TO COME IN. IT IS A FORENSICS INVESTIGATION, ENGINEERING REPORT. IT IS LIKE 121 PAGES LONG.
WE GOT IT IN -- WE GOT IT LIKE THE 13TH OF JUNE.
AND WE DID WANT TO FIX THIS, LIKE -- MY MOM HAS BEEN WANTING TO FIX THIS. OUR ADJUSTER IS MENTIONING BETWEEN MARCH 11 WHICH IS WHEN IT HAPPENED UP UNTIL JUNE 13, WE KIND OF HAD TO, LIKE, NOT TOUCH THE AREA OR ANYTHING LIKE THAT.
BECAUSE HE SAID, WELL, YOU CAN FIX IT.
YOU CAN DRYWALL THIS IF YOU WANT TO AND MAKE IT LOOK BETTER, BUT THE REALITY OF IT IS, WHEN YOU GET THE ENGINEERING REPORT BACK, YOU ARE GOING TO HAVE TO RIP IT ALL DOWN AND FIX IT PROPERLY TO MAKE SURE IT GOES BY THE KIDS, YOU KNOW, BUILDING CODES.
SO THAT WAS WHAT TOOK US A LONG TIME IS RECEIVING THAT INFORMATION BACK. AND WE DID GET IT -- THE COMPANY THAT THEY ARE IS -- THE AIR QUALITY ASSESSORS.
I HAVE A CONTACT, IWANA ICUM, A PROCESS DIRECTOR.
[00:45:06]
AND WE HAVE BEEN WORKING DILIGENTLY TO GET THE PERMITS READY. I DID SPEAK WITH ANTHONY PRIOR TO COMING HERE LIKE MAYBE THREE WEEKS AGO.I DIDN'T HAVE THE ENGINEERING REPORT YET, BUT THE PERMITTING IS -- YOU KNOW, WE ARE TRYING TO GET THE PERMIT.
IT IS JUST WE HAVEN'T HAD A GOOD ENGINEERING CONTACT TO REALLY HELP US AND TO -- BECAUSE IT IS NOT REALLY LIKE -- IT COSTS A LOT OF MONEY TO, GET, LIKE, PERMITS AND DESIGNS DRAWN UP.
SO WE DID FIND ONE HBG LLC. THEY ARE HERE IN FORT PIERCE.
AND IT LOOKS LIKE THEY ARE GOING TO BE ABLE TO GET THE PERMITTING DONE BETWEEN THIS WEEK AND NEXT WEEK.
>>SPECIAL MAGISTRATE: HAVE YOU TOLD THE CITY THIS?
>> YEAH, YEAH, I BELIEVE I TOLD ANTHONY THIS.
AND I HAVE, LIKE, THE CRASH REPORT.
I HAVE THE -- THE HOME INSURANCE POLICY.
I HAVE, LIKE -- LIKE, WE HAVE BEEN REALLY TRYING TO GET FUNDS BACK BECAUSE THE AIRBNB IS KIND OF EXPENSIVE, THE RENTAL WE HAVE. IT HAS JUST BEEN LIKE -- LIKE A MONEY PIT HERE WITH THE RENTAL AND --
>>SPECIAL MAGISTRATE: YOU HAD TO MOVE OUT OF THE HOUSE.
>> SO, YEAH, WE DID HAVE TO UP AND LEAVE THE PROPERTY BECAUSE IT IS A DANGEROUS STRUCTURE AT THIS POINT.
AND AFTER SPEAKING TO A RESTORATION COMPANY LAST WEEK, THEY MENTIONED THEY WILL HAVE TO BOTTLENECK THE HOUSE AND KIND OF REDO THAT FRONT WALL. SO WE HAVE HAD A COUPLE OF OPINIONS. OF COURSE, EVERY MIND IS A DIFFERENT WORLD, SO WE WERE WORKING OBJECT GETTING THE PERMITTING DONE WHICH IS OUR NUMBER ONE THING.
IT IS JUST WE ARE MOVING A LITTLE SLOW BECAUSE OF THE
INSURANCE CLAIM. >>SPECIAL MAGISTRATE: CITY, DO YOU HAVE ANY RESPONSE? ARE YOU AWARE OF ANY OF THIS?
>> I AM AWARE THAT SHE NEEDS TO GET A PERMIT, BUT SHE NEEDS AN ENGINEER WHICH IS EXPENSIVE LIKE SHE SAID.
THE INSURANCE COMPANY HASN'T, YOU KNOW, COME THROUGH FOR HER
YET. >> IT IS -- SPECIAL MAGISTRATE, A SITUATION WITH THE INSURANCE COMPANY.
I HAVE BEEN LEARNING A LOT THROUGHOUT THIS PROCESS.
I GUESS -- ONE THING THAT MY ADJUSTER TOLD ME SAID THE REASON WHY IT MIGHT BE TAKING SO LONG IS BECAUSE SINCE THE PERSON AT FAULT DOES NOT HAVE ANY COVERAGE, CITIZENS WILL NOT BE ABLE TO SUBROGATE THEIR CLAIM. MEANING THEY ARE NOT GOING TO GET PAID BACK FOR PAYING THIS. SO IT HAS BEEN A LONG PROCESS.
AND WHAT MAINLY WE ARE LOOKING FOR ARE -- JUST WAITING ON THE FUNDS TO DO THIS. I AM -- AT THIS POINT, IT HAS BEEN SINCE MARCH. I AM NOT USED TO PAYING RENT, SO IT HAS BEEN KIND OF FINANCIALLY EXHAUSTING.
BUT WE DO HAVE THE MONEY TO MOVE FORWARD WITH THE PERMITTING AND THE DESIGNS AS OF RECENTLY THIS WEEK.
WE FOUND THE PROPER PEOPLE TO GET THE WORK DONE AFTER WORK ON COLLECTING THE FOR REN SIX REPORTS AS OF JUNE 13 WITH THE CONTACT. AND SO IT HAS BEEN MAYBE TWO OR THREE PEEKS WEEKS TO GET A COUPLE OF OPINIONS AND FINALLY PICK THE PROPER PEOPLE TO GET THIS DONE.
AS THE SUMMONS SAYS "A REGISTERED DESIGN PROFESSIONAL."
>>SPECIAL MAGISTRATE: MR. COSS. >> YES, MA'AM.
I KNOW THIS IS KIND OF -- YOU MAY NOT KNOW AN ANSWER, BUT HOW LONG WOULD YOU EXPECT UNTIL YOU ARE PREPARED TO SUBMIT A PERMIT?
>> BASICALLY IT ALL BOILS DOWN TO HAVING THE MONEY TO GET THE PROFESSIONAL TO GET THIS DONE. SO I -- WE CAN ACTUALLY -- I HAVE BEEN E-MAILING THEM AS OF YESTERDAY.
I SENT THEM OVER EVERYTHING THEY NEEDED AND I AM READY TO SIGN AN AGREEMENT WITH THEM SO THEY CAN GET THIS DONE FOR US.
AND, OF COURSE, I CAN'T REALLY WAIT ON THE CLAIM ANYMORE.
SO WE WILL BE PAYING FOR THIS OUT OF POCKET.
I DON'T KNOW HOW CITIZENS IS GOING TO TAKE.
SO I DECENT KNOW HOW LONG I NEED, REALLY.
I DON'T KNOW HOW LONG THESE PEOPLE WORK.
I AM NOT TOO SURE. I DON'T KNOW HOW BUSY THEY ARE.
I KNOW THERE IS A SHORTAGE OF ENGINEERS RIGHT NOW.
JUST GENERALLY SPEAKING. IT WAS HARD FOR ME TO FIND
[00:50:01]
PEO PEOPLE.>> SPECIAL MAGISTRATE, I WOULD ASSUME THAT EVEN IF AN ENGINEER WAS CONTACTED TODAY TO BEGIN PREPARING PLANS, IT WILL BE AT LEAST 90 TO 120 DAYS BEFORE THOSE PLANS WOULD BE READY.
IF FUNDING NEEDS TO BE ACQUIRED FIRST BEFORE THAT PROCESS CAN EVEN START. WE ARE TALKING WELL OVER SIX MONTHS. HAS THE STRUCTURE BEEN SECURED?
>> SO WE DID HAVE SOME PLYWOOD, YOU KNOW, BOARDED UP.
WE ALSO AT THE SCENE OF THE -- AT THE TIME AND SCENE OF THE ACCIDENT, THE COUNTY WAS SO KIND ENOUGH TO BRING OUT ONE OF THEIR SAFETY OFFICERS. BECAUSE THE CAR DID IMPACT THE FRONT MAIN LOAD-BEARING WALL OF THE HOME.
SO THEY WERE ABLE TO PUT IN A NEW SUPPORT.
AND THEY SAID THAT THAT -- YOU KNOW, THEY PUT THE RED PAPER ON THE HOME, BUT THAT WAS WHAT WAS DONE.
AND WE JUST KIND OF WANTED TO PROTECT ANY WEAR OR TEAR, LIKE WEATHER DAMAGE. WE ARE REALLY CONCERNED BECAUSE HURRICANE SEASON IS HERE. AND WE NEED TO GET THIS -- WE NEED TO SECURE OUR HOME AS FAST AS POSSIBLE.
WE DO HAVE THE PROFESSIONALS HIRED.
WE JUST NEED TO PAY THEM WHICH WE WILL PAY THEM.
AND ALSO, WE ARE TRYING TO SPEED UP OUR CLAIMS SO WE WILL HAVE TO ALSO GETTANCE INSURANCE APPRAISAL.
YEAH, DIFFERENT THAN INSURANCE APPRAISERS.
IT IS $3,000 TO $3500. >> SPECIAL MAGISTRATE, PRIOR TO MAKING A RECOMMENDATION, I DO BELIEVE TONY HAS SOME PICTURES THAT WE WOULD LIKE TO SUBMIT FOR THE RECORD, IF YOU COULD SHOW
THEM TO THE RESPONDENT PLEASE. >> SHOW THEM FIRST.
>>SPECIAL MAGISTRATE: YES. >> OH, YOU HAVE TO --
>> YOU HAVE TO REVIEW THEM. >> JUST CONFIRM EVERYTHING?
>>SPECIAL MAGISTRATE: JUST LOOK AT THEM.
SEE IF THEY ARE ACCURATE. >> YEAH, THIS -- THIS LOOKS VERY
A NUMBER. >>SPECIAL MAGISTRATE: DID YOU
HAVE INSURANCE ON THE HOUSE? >> FORTUNATELY WE DO CARRY A
HOME INSURANCE POLICY. >>SPECIAL MAGISTRATE: YOU HAVE INSURANCE THAT COVERED THE HOUSE THAT WAS DAMAGED.
>> YES, WE DO. A CITIZENS POLICY.
SO I CAN CONFIRM THAT I AM IN RIGHT OF THESE PHOTOS.
THANK YOU, ANTHONY. >>SPECIAL MAGISTRATE: ARE THEY ADEQUATE AND ACCURATELY DISPLAY WHAT HAPPENED TO THE HOUSE?
THANK YOU. >> JUST FOR THE RECORD, ANTHONY ONCE YOU GET BACK TO THE MICROPHONE, YOU TOOK THE PHOTOGRAPHS ON THE DATE SHOWN ON THE PHOTOGRAPHS AND THEY ACCURATELY DEPICT THE VIOLATIONS?
SPECIAL MAGISTRATE, STAFF'S RECOMMENDATION IS TO CONTINUE THIS CASE FOR 180 DAYS WITH THE CONDITION THAT THE STRUCTURE REMAIN VACATED AND SECURED. IF AT ANY TIME THE PROPERTY IS REOCCUPIED OR NO LONGER SECURED, THIS MATTER WILL COME BEFORE YOU
AT YOUR NEXT AVAILABLE HEARING. >>SPECIAL MAGISTRATE: I WILL CONTINUE FOR 120 DAYS SO WE SEE WHERE YOU ARE PROGRESSING WITH
MAGISTRATE. >>SPECIAL MAGISTRATE: YEAH, WE DON'T -- YOU KNOW, PEOPLE COME HERE AND THEY COMPLAIN ABOUT WHAT THE CITY DOES, BUT IT OF THE PEOPLE LIVING IN THESE - HOUSEHOLDS AND WHATEVER. I KEEP REMINDING PEOPLE OF HURRICANE DAVID DOWN IN BROWARD COUNTY SOME YEARS AGO.
WHEN THAT HURRICANE WIPED OUT THE WHOLE TOWN.
AND IT WAS BECAUSE WE DIDN'T HAVE BUILDING CODE STANDARDS LIKE WE HAVE NOW. AND SO THERE IS A REASON WHY PEOPLE TELL YOU GOT TO DO THIS. YOU GOT TO DO THAT.
BECAUSE WE WANT TO MAKE SURE SO I WILL DO 120 DAYS AND WE WILL SEE WHERE YOU ARE AT THAT TIME.
>> THANK YOU SO MUCH. >>SPECIAL MAGISTRATE: I WILL
CONTINUE THAT UNTIL THEN, CLERK. >> FOR THE ORDER, CAN WE ADOPT THE CONDITIONS THAT THE STRUCTURE REMAIN RESTRICTED AND
SECURED. >> SPECIAL MAGISTRATE, TO THE
NOVEMBER. >>SPECIAL MAGISTRATE: YES.
>> THANK YOU, SPECIAL MAGISTRATE.
[00:55:01]
HAVE A GREAT DAY. >>SPECIAL MAGISTRATE: YOU ARE WELCOME. GOOD LUCK.
[G. 23-984 1615 Ave E Apt A George and Family Inc. Logan Winn]
>> THE NEXT OCCASION IS 5G, 23-917, 1615 AVENUE EARS APTA GEORGE AND FAMILY, INC. ARE THE OWNERSES.
>> GOOD MORNING, MA'AM. >>SPECIAL MAGISTRATE: GOOD MORNING. GOOD MORNING, MR. WINN.
WHEN YOU ARE READY. >> CASE NUMBER 23-984 OF 1615 AVENUE EERING, APARTMENT A, CASE INITIATED APRIL 6, 2023.
AND OWNER GEORGE AND FAMILY, INC.
20830 NORTHWEST 7TH AVENUE MIAMI FLORIDA, 33169.
VIOLATIONS IPMC 305.32021, INTERIOR SURFACES.
IPMC 7042.1.12021, SMOKE ALARMS AND.
CORRECTIVE ACTIONS. MAKE NECESSARY REPAIRS FOR THE CEILING THAT COLLAPSED IN THE BEDROOM.
MAKE REPAIRS TO ANY HOLES, CRACKS, BUBBLING SERVICES OF THE CEILING. NUMBER TWO, REPLACE THE MISSING SMOKE DETECTOR. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS, THE VIOLATORS WILL BE GIVEN 60 DAYS TO OBTAIN A PERMIT OBTAIN APPROVAL FOR REQUIRED INSPECTIONS 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. OR A FINE OF $100 PER DAY TO BE ASSESSED. NO CONTACT TO THE OWNER OF THE PROPERTY. AND I HAVE A SET OF PICTURES THAT I TOOK ON THE DAY IT WAS AREA NATED.
HAVE YOU SEEN THE PICTURES? >> SEEN THE PICTURES.
>> THE CEILING. ALLER THE CEILING, SUPPOSED TO BE THE CEILING.
IT IS UPSIDE DOWN. TURN IT OVER.
>> YEAH, THE LIVING SIDE OF THE ROOM --
>>SPECIAL MAGISTRATE: SIR, JUST SAY YOU SAW THE PICTURES.
YOU WILL HAVE TIME TO SPEAK. >> SPECIAL MAGISTRATE.
>>SPECIAL MAGISTRATE: PLEASE, HOLD ON.
>> DO THE PICTURES FAIRLY AND ACCURATELY DEPICT THE VIOLATIONS
ON THE DATE OF THE PHOTO? >> WHY HE, THEY DO.
>>SPECIAL MAGISTRATE: ANYTHING FURTHER?
>> NO, MA'AM. >>SPECIAL MAGISTRATE: GENTLEMEN, YOU WILL HAVE THE OPPORTUNITY TO SPEAK AT THIS TIME.
PLEASE STATE YOUR NAME. >> DISEASE MONDAY ROBERTS.
>>SPECIAL MAGISTRATE: STORY. >> DESMOND GEORGE ROBERTS.
>>SPECIAL MAGISTRATE: YOUR RELATIONSHIP TO THE PROPERTY.
I NEED ONE AT A TIME. EVERYBODY WILL HAVE A CHANCE TO
FOR GEORGE AND FAMILY. >>SPECIAL MAGISTRATE: YOU ARE
DIRECTOR OF THE PROPERTY? >> YES, MA'AM.
>>SPECIAL MAGISTRATE: ALL RIGHT. WHAT DO YOU HAVE TO SAY SIR, PLEASE, DON'T. YOU WILL GET YOUR TIME TO SPEAK.
>> I DON'T UNDERSTAND WHAT YOU JUST SAID.
I DID NOT HEAR WHAT YOU JUST SAID.
>>SPECIAL MAGISTRATE: YOUR RESPONSE TO HIS ALLEGATIONS.
DID YOU HEAR WHAT HE SAID? I AM NOT BRINGING CHARGES AGAINST YOU. THE CITY IS.
AND THIS IS THEIR REPRESENTATIVE.
NOW DID YOU HEAR HIM? OR DO HE NEED TO REPEAT IT?
>> REPEAT IT. REPEAT WHAT HE JUST SAID.
>> WOULD YOU LIKE -- >> I NEED TO UNDERSTAND.
I NEED TO UNDERSTAND WHAT HAPPENED.
>> WOULD YOU LIKE ME TO REREAD THE VIOLATION?
>>IPMC, 30 5.32021, INTERIOR SERVICES.
IPMC 704.2.1.2, 2021, SMOKE ALARMS FOR GROUP R-2, 3, 4, AND I-1. CORRECTIVE ACTIONS.
ONE, MAKE NECESSARY REPAIRS IN THE CEILING THAT COLLAPSED IN THE BEDROOM. MAKE REPAIRS TO ANY HOLES, KRABLGS AND BUBBLING SURFACES OF THE CEILING AND NUMBER TWO, REPLACE THE MISSING SMOKE DETECTOR.
>>SPECIAL MAGISTRATE: NOW DID YOU UNDERSTAND THAT?
>> YES, I UNDERSTAND THIS. >>SPECIAL MAGISTRATE: HOW DO YOU RESPOND AND STATE YOUR NAME FOR THE RECORD.
>> DESMOND GEORGE ROBERTS. >>SPECIAL MAGISTRATE: YOUR
RELATIONSHIP TO THE PROPERTY. >> THE DIRECTOR FOR GEORGE AND
[01:00:02]
FAMILY. >>SPECIAL MAGISTRATE: NOW HOW DO
YOU RESPOND, SIR? >> YES, MA'AM, I -- I ALREADY FIXED THE DRYWALL. THE DRYWALL.
THE DRYWALL. LADY LIVING INSIDE.
I GAVE HER NOTICE TO GO AND SHE WAS MAD AND RIPPED THE PLACE AND SAID I WILL TAKE TO YOU THIS AND THAT.
SHE DON'T WANT TO LEAVE. THEN AFTER I EVICT HER FROM THE PLACE, SHE COME UP WITH THIS. I EVICTED HER FROM THE HOUSE AND -- BECAUSE SHE WAS RIPPING DOWN THE HOUSE, THE DRY WALL.
A CONCRETE WALL AND SHE -- >>SPECIAL MAGISTRATE: YOU NEED INTO SPEAK INTO THE THAO MICROPHONE, CAN YOU HEAR HIM,
>> I GAVE HER A IN HTS TO LEAVE THE PLACE AND SHE WAS RIPPING THE DRYWALL DOWN. I HAD TO EVICT HER FROM THE HOUSE. AND SHE DID THIS.
>>SPECIAL MAGISTRATE: SHE DID IT BECAUSE THERE WERE PROBLEMS. THE CITY FINDS YOU IN VIOLATION VIOLATION.
AT LEAST THEY ROMPED A VIOLATION AND THAT IS YOUR HERE THIS MORNING. SHE MAY HAVE DONE WHATEVER, BUT WHEN THE CITY -- WHEN SHE CALLED THE CITY AND THEY WENT OUT AND THEY SAW VIOLATIONS, THAT'S YOUR HERE.
YOU DON'T LIVE ON THE PREMISE, DO YOU?
>> I AM LIVING THERE -- YES, I AM LIVING -- I LIVE THERE.
NO ONE CAME INSIDE AND TOOK NO PICTURES.
THE GIRL WENT INSIDE, RIPPED THE WALL.
AND NO ONE FROM THE CITY CAME TO ME.
I LIVE THERE. I HAVE THE KEYS FOR THE HOUSE.
THAT'S WHERE I AM LIVING. THAT IS MY PLACE I LIVE.
SO THE PICTURE -- >>SPECIAL MAGISTRATE: WELL, MAYBE, SIR -- MAYBE YOU SHOULDN'T BE LIVING THERE.
IF THERE ARE THESE KIND OF PROBLEMS.
>> NO PROBLEM IS THERE. SHE WAS LIVING IN THE SIDE ROOM.
SHE LOCKED THE ROOM. RIPPED THE PLACE DOWN.
I GAVE HER A NOTICE TO GO. AND SHE -- SHE RIPPED THE PLACE DOWN. SHE RIPPED -- SHE --
>>SPECIAL MAGISTRATE: SIR. SIR.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: THE CITY CAME OUT AND THEY FOUND VIOLATION ISES.
WHETHER YOU LIVE THERE OR WHOEVER, THE LADY FOUND VIOLATIONS. THAT IS YOUR HERE.
LET'S BE CLEAR. ONE OF THE CORRECTIVE ACTION IS MAKE REPAIRS OF THE HOLES, CRACKS, BUBBLING SURFACES OF THE CEILING. REPLACE THE MISSING SMOKE DETE DETECTOR.
MAKE NECESSARY REPAIRS MUCH THE CEILING THAT COLLAPSED IN THE BEDROOM. SO EVEN IF YOU LIVE THERE, THESE ARE VIOLATIONS. AND I HAD PREVIOUSLY -- PREVIOUSLY TRIED TO SAY, I WANT TO MAKE SURE PEOPLE ARE SAFE IN THE CITY OF FORT PIERCE. HAND THIS IS AN UNSAFE DWELLING AT THIS POINT. DO YOU HAVE ANY COMMENTS?
>> I WOULD LIKE THE PEOPLE TO COME OUT AND SEE FOR THEMSELVES, BECAUSE SHE -- TO LOOK -- FOR YOU SOME TIME TO COME OVER AND
LOOK -- >>SPECIAL MAGISTRATE: DO YOU HAVE CHILDREN LIVING IN THAT DWELLING?
>> NO CHILDREN LIVE THERE. >>SPECIAL MAGISTRATE: ANYTHING FUR FURTHER?
>> PARDON ME. >>SPECIAL MAGISTRATE: ANYTHING
WHAT DID SHE SAY? >>SPECIAL MAGISTRATE: DO YOU
HAVE ANY MORE COMMENTS. >> NO.
MR. WINN, DO YOU HAVE ANY MORE COMMENTS?
[01:05:01]
>> NO, MA'AM. >>SPECIAL MAGISTRATE: HAVE YOU
HEARD FROM THIS GENTLEMAN? >> NO, MA'AM.
>>SPECIAL MAGISTRATE: ALL RIGHT. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXIST AT 1615 APARTMENT AVENUE EERING, APARTMENT A, AND THAT THE GEORGE AND FAMILY, INC. IS THE PARTY RESPONSIBLE.
AND YOUR NAME AGAIN. >> DESMOND ROBERTS.
DESMOND ROBERTS. >>SPECIAL MAGISTRATE: HERE ON BEHALF OF THAT ORGANIZATION. I DO FIND THAT A VIOLATION EXISTS. YOU WILL BE GIVEN 30 DAYS TO OBTAIN A PERMIT. OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED, COMPLIED WITH ALL OTHER PERMIT CONDITIONS AND CURE OTHER VIOLATIONS IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED. YOU HAVE 30 DAYS TO GET A PERMIT. AND I SUGGEST YOU TALK WITH THE CITY. GET SOMETHING GOING.
>>SPECIAL MAGISTRATE: YOU HAVE 30 DAYS TO APPEAL.
>> OKAY. >>SPECIAL MAGISTRATE: NEXT CASE,
[H. 23-994 1230 Easter Ave De Leon, Jose Anthony Jetmore]
1230 EASTER AVENUE. >> MY NAME IS ANTHONY JETMORE AND AN INVESTIGATOR AND INSPECTOR FOR THE CITY OF FORT PIERCE. CASE NUMBER 23-994.
ADDRESS 1230 EASTER AVE. CASE INITIATED APRIL 10, 2023.
THE OWNER IS JOSE DE LEON. VIOLATION IS FBC 105.1.
PERMIT REQUIRED. OBTAIN A PERMIT FOR INTERIOR DEMOLITION, DRYWALL AND ELECTRICAL WORK DONE WITHOUT A PERMIT. RECOMMENDATIONS, THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS. THE VIOLATOR BE GIVEN 60 DAYS TO A OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTION AT LEAST EVERY 180 DAYS UNTIL THE PERMIT IS CLOSED.
COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRED A PERMIT OR FINE OF $100 PER DAY BE ASSE
ASSESSED. >> DO YOU HAVE PHOTOGRAPHS?
>> I DO. >> HAVE THE RESPONDENT SEEN THE
PHOTOGRAPHS? >>SPECIAL MAGISTRATE: DO YOU AGREE THAT THE PHOTOGRAPHS ACCURATELY DEPICT WHAT WAS TAKEN? YOU GET A CHANCE TO SPEAK.
>> MR. JETMORE, ARE THE PHOTOS DATE AND TIME STAMPED?
ARE THOSE -- OKAY. >> NO, THEY ARE NOT.
>> OKAY. DID YOU TAKE THE PHOTOGRAPHS?
>> I DID. >> DO THEY FAIRLY AND ACCURATELY
DEPICT WHAT YOU OBSERVED? >> I DO.
>> I WILL TAKE THOSE FROM YOU. AT THIS TIME I WILL MOVE IN AS COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.
>>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH.
>> THE FIRST ONE IS NOT A STICKY.
I WAS TRYING TO GET IT OFF. >>SPECIAL MAGISTRATE: SETTLE COME BACK. ANYTHING FURTHER?
>> NO. >>SPECIAL MAGISTRATE: SIR, STATE
YOUR NAME FOR THE RECORD. >> JOSE ROBERTO DELEON.
>>SPECIAL MAGISTRATE: WHO ARE YOU CONNECTED WITH THE PROPERTY?
>> WELL, PRIOR TO THAT, HAD A WINDOW AND DOOR PERMIT.
SO HE WAS CALLED -- >>SPECIAL MAGISTRATE: NO, NO,
[01:10:02]
YOUR RELATIONSHIP TO THE PROPERTY.I AM SORRY. I WANT TO DEFEND MYSELF.
I AM SORRY. SO PRIOR TO THAT, I DID HAVE -- HE ACTUALLY CAME IN FOR WINDOW AND DOOR INSPECTION, WHICH HE FAILED ME. I HAVE IT HERE.
SO HE STARTED TAKING PICTURES, GOING AROUND.
SO HE TOLD ME THAT I NEED ELECTRICAL, BECAUSE I DID A -- I CHANGED SWITCHES -- AND THE ELECTRICAL PLUGS.
HE TOLD ME IT WAS A VIOLATION AND TOLD ME TO GO BACK TO THE BUILDING AND REQUEST A PERMIT WHICH I DID.
I HIRED AN ELECTRICIAN. I HAVE BEEN WORKING ON IT.
I HAVE ANOTHER INSPECTOR TWO OR THREE TIMES.
I RESCHEDULED AN APPOINTMENT FOR TODAY.
I HOPE THAT WILL BE A FINAL. I DO -- I HAVE BEEN WORKING ON THIS CASE. I DO HAVE PERMITS THAT I AM APPLYING HERE. I DON'T KNOW IF YOU WANT TO SEE
THEM, BUT I GOT THEM HERE. >> WE CAN LOOK AT WHATEVER WE LIKE TO PROVIDE, BUT I CAN ALSO FOLLOW UP WITH MR. JETMORE TO CLARIFY A FEW ISSUES. BUT IF HE HAS SOMETHING HE WOULD LIKE FOR YOU TO REVIEW, WE ARE HAPPY TO TAKE THAT.
>>SPECIAL MAGISTRATE: THAT IS FINE.
LET'S HEAR FROM MR. JETMORE. >> SO MY UNDERSTANDING WAS THIS IS A DUPLEX. A TWO-FAMILY.
SO THE TENANT -- PREVIOUS TENANT HAD A FIRE IN HIS UNIT.
AT THAT TIME, HE -- THE ELECTRICAL -- THE COMPANY, THE POWER COMPANY DISCONNECTED THE POWER TO HIS UNIT.
AND SHUT HIS POWER OFF. AND WHEN I WENT THERE TO DO THE INSPECTION, THE -- MR. DELEON SHOWED ME SOME PICTURES OF ALL -- HE HAD TO TAKE ALL THE -- WHEN THEY PUT THE FIRE OUT, IT DAMAGED THE SHEET ROCK AROUND THE AREA FOR THE FIRE.
SO THEY HAD TO TAKE ALL THE SHEET ROCK OFF.
AND HE HAD TO DO NEW INSULATION AND NEW SHEET ROCK.
AND THE DETERMINATION AT THAT TIME WAS WE WERE UNABLE TO DETERMINE WHETHER OR NOT THE ELECTRICAL IN THAT AREA WAS COMPROMISED BY THE MEAT. SO -- ONE OF THE ELECTRICAL INSPECTIONS WE DID DO, WE EXPLAINED TO HIM HE NEEDED TO GET A LICENSED INDIVIDUAL WHO CAN VERIFY AND SEND A LETTER TO THE CITY THAT THE ELECTRICAL HAS NOT BEEN COMPROMISED BEFORE WE CAN ALLOW FOR POWER TO BE TURNED BACK ON IN HIS APARTMENT.
HE ALSO NEEDS TO HAVE AN ENGINEER SIGN OFF ON THE WORK ALREADY DONE WITHOUT INSPECTIONS, THE INSULATION AND THE SHEET ROCK. I AM NOT TOO SURE IF I REMEMBER THAT HE MIGHT HAVE REPLACED SOME FOOD THERE TOO.
>> I DID. >> IT IS ON HIM TO OBTAIN THOSE PROFESSIONALS TO SIGN OFF ON THE WORK THAT IS ALREADY BEEN DONE?
>> CORRECT. >> ANYTHING ELSE, MR. JETMORE.
>> NOTHING FURTHER. >>SPECIAL MAGISTRATE: DO YOU
UNDERSTAND THAT. >> I WENT BACK TO THE BUILDING DEPARTMENT. THEY CHARGED ME LIKE THIS.
AND I GOT AN E-MAIL SAYING THAT I -- THAT WHATEVER HE SAY, THAT I I NEED TO SEPARATE THIS JOB FROM THE OTHER ONE BECAUSE ELECTRICAL, I NEED A LICENSE THAT I WOULD NEED AN ELECTRICAL
FOR PERMIT. >>SPECIAL MAGISTRATE: WHEN DO YOU GET A REPORT FROM THIS PROFESSIONAL.
>> HE ALREADY WENT THERE TWO TIMES, THREE TIMES.
THEN ON THE OUTSIDE -- BECAUSE THEY REMOVED THE METERS.
THEY WERE TEMPORARY. SO HE TOLD ME, WELL, YOU HAVE TO FIX THAT UNTIL THAT IS NOT FIXED, I WILL NOT PASS THE INSPECTION SO IT WAS DONE AND I REQUESTED THE INSPECTION TODAY.
AND I DON'T KNOW IF HE WILL GO THERE TODAY.
>>SPECIAL MAGISTRATE: HOW MANY INSPECTIONS DO YOU STILL NEED TO DO? CONCERNING ABOUT DRYWALL.
THEY KEEP SAY USE THE WORD DEMOLITION WHICH I DID NOT DO.
[01:15:03]
WHEN HE WENT THERE FIXING DOORS AND WINDOWS THAT I GOT THE PERMIT OVER HERE. I DON'T KNOW IF MAYBE HE IS CALLING -- HE WANTS TO SAY THAT I DID DEMOLITION ON THAT.BUT I DID REPLACE A DOOR AND TWO WINDOWS WITH A PERMIT WHICH HAS
ALREADY PASSED. >> I THINK I DID MY LITTLE SPIEL EARLIER OF PERMITTING AND WHY IT IS DONE.
WHY IT IS REQUIRED. IT IS BASICALLY FOR PUBLIC SAF SAFETY.
>> YES, I -- >>SPECIAL MAGISTRATE: SO IT IS NOT TO PENALIZE ANYBODY, IT IS FOR PUBLIC SAFETY.
>> WELL, I DO AGREE. I MEAN, I AM COMPLYING.
I HAVE MY PERMITS HERE. AND, AGAIN, THE DOOR AND THE TWO WINDOWS, THEY ALREADY PASSED THE INSPECTION.
IT IS FINAL. AND SO -- WITH THE ELECTRIC -- WITH THE ELECTRICIANS. I AM HOPING TO FINISH TODAY ALSO. I HOPE HE COMES AND SEES THE
JOB. >>SPECIAL MAGISTRATE: I WILL CONTINUE THIS FOR 30 DAYS UNTIL MY NEXT HEARING, MADAM CLERK.
AND IF YOU GET EVERYTHING DONE, YOU WON'T HAVE TO COME BACK.
>> THAT IS WHAT I AM WORKING ON. I AM WORKING ON IT.
>>SPECIAL MAGISTRATE: IF YOU DON'T HAVE IT DONE, YOU WILL BE
BACK TO VISIT WITH ME. >> WELL, CONCERNING THAT DRYWALL, I MEAN, HE CAN COME BACK AND INSPECT.
>>SPECIAL MAGISTRATE: EVERYTHING NEEDS TO BE DONE.
>> I GET IT, BUT I DID NOT DO DEMOLITION.
I DID FIX THE DOOR AND THE WINDOW.
>>SPECIAL MAGISTRATE: SIR, SIR. YOU NEED TO TALK TO THIS GENTLEMAN HERE. MR. JETMORE.
GET THINGS DONE. AND YOU WON'T HAVE TO COME BACK
HERE. >> THAT IS WHAT I AM TRYING DO,
MA'AM. >>SPECIAL MAGISTRATE: ALL RIGHT.
I WILL CONTINUE THIS FOR MY NEXT -- UNTIL MY NEXT HEARING.
YOU WILL GET A NOTICE WHEN YOU SHOULD COME BACK, BUT IF IT IS DONE, MR. JETMORE. HE WILL BE HAPPY.
LESS WORK FOR HIM. AND IT WON'T BE A HEADACHE FOR
>> ALL RIGHT. >>SPECIAL MAGISTRATE: GOOD LUCK.
THANK YOU. >> NEXT CASE IS A CALL IN CASE,
5E, CASE 23-897. >>SPECIAL MAGISTRATE: A CALL IN? LET'S LEAVE THAT TO LAST. TAKE CARE OF THE PEOPLE WHO ARE
THEN THE NEXT CASE IS 6-A CASE 17-898.
1450 BELL AVENUE. ZILLTSPN 19 LLC AND 1450 BELL AVENUE OWNER LLC. THEY ARE THE OWNERS.
>> GOOD MORNING. >>SPECIAL MAGISTRATE: GOOD
MORNING. >> GOOD MORNING, SPECIAL MAGIS MAGISTRATE.
>> TIME IN NAME IS MASECA. THIS IS MOMS THAT MASECA.
HE WILL PASS SOME OF THE PHOTOS. >>SPECIAL MAGISTRATE: WHO WILL PRESENT FOR THE CITY, THROUGH FLORIDA COSS.
>> I WILL, SPECIAL MAGISTRATE. CASE 17-898 FOR 1450 BELL AVENUE. REQUEST FOR AN EXTENSION --
>>SPECIAL MAGISTRATE: YOU NEED TO PRESENT THAT TO HER.
>> OH, TIME SORRY. >> WE HAVE NO --
>>SPECIAL MAGISTRATE: I AM SORRY, MR. COSS.
>> IT IS ALL RIGHT. A REQUEST FOR EXTENSION OF A MASSEY HEARING. VIOLATIONS, SINKSES 35.1.101.21.
UNSAFE BUILDING. SECTION 5.1.105.1 PERMIT REQUIRED. SECTION 5.1.105.4.1 EXPIRED PERMIT SECTION 2-79 COMPLIANCE WITH CONDITIONS OF APPROVAL.
THIS MATTER JUST CAME BEFORE YOU JANUARY 17, 2023.
AT THAT TIME THE FINES CONTINUED TO BE STAYED.
THERE WAS NO LIEN IMPOSED. THIS CASE WAS CONTINUED FOR AN ADDITIONAL STATUS HEARING WHICH IS BEFORE YOU TODAY.
I DID HAVE A CHANCE TO MEET WITH THE OWNERS LAST WEEK.
AND WE HAD A BRIEF DISCUSSION OF THEIR INTENTION OF RENOVATIONS FOR THIS SITE. AND I HAVE REQUESTED THAT A PREPARATION OF THE HEARING TODAY THEY PROVIDE A TIMELINE OF IM/* IMPROVEMENTS. THAT IS WHAT HAS BEEN PRESENTED TO YOU THIS MORNING. AND IF I CAN HAVE A MINUTE TO
[01:20:02]
REVIEW THIS, PLEASE. >> SPECIAL MAGISTRATE, THE TIMELINE IS BROKEN INTO FOUR DIFFERENT PHASES.
MULTIPLE BUILDINGS ON THIS PROPERTY.
VERY LARGE PROPERTY WITH VERY LARGE BUILDINGS THAT ARE PRETTY AT THIS LAPIDATE D CONDITIONS. MASSIVE RENOVATION PROJECT.
FIRST PHASE, IT IS ESTIMATED THAT THE PERMIT APPLICATION WILL BE COMPLETED BEEN 200 DAYS WITH CONSTRUCTION BEGINNING WITHIN 62 -- 120 DAYS AFTER THAT. STAFF'S RECOMMENDATION IS TO -- IS TO APPROVE THE RESPONDENTS' REQUEST FOR EXTENSION FOR -- WE WILL GO 180 DAYS. WITHIN THAT TIME FRAME, OUR EXPECTATION THAT THE APPLICATION WILL BE SUBMITTED WITHIN THAT
180 D DAYS. >>SPECIAL MAGISTRATE: OKAY, THANK YOU. GENTLEMAN, STATE YOUR NAME.
>> JOHN MASECA. >> I AM ASEP MASECA.
>>SPECIAL MAGISTRATE: YOU HEARD THE CITY.
ARE YOU IN AGREEMENT WITH THE EXTENSION OF 180 DAYS.
>> YES. >>SPECIAL MAGISTRATE: COUNSELOR?
>> YES, THAT IS FINE. I DON'T KNOW IF WE HAVE HEARINGS SCHEDULED OUT INTO JANUARY. DO WE HAVE THEM SCHEDULED THAT
>> WHAT WE CAN DO, SPECIAL MAGISTRATE, WE CAN ANNOUNCE IT AS APPROXIMATELY 180 DAYS AND WE WILL PUT IT ON THE SECOND
MEETING IN JANUARY. >>SPECIAL MAGISTRATE: I AM
IT WILL BE THE JANUARY 16 MEETING AND I AM JUST CHECKING
TO MAKE SURE -- >>SPECIAL MAGISTRATE: PRETTY
SURE MADAM CLERK. >> THAT GIVES THEM THE FULL 180
DAYS. >>SPECIAL MAGISTRATE: PLACED ON THE STIPULATION BETWEEN THE PARTIES, WE WILL EXTEND THIS TO
JANUARY 16, 2024. >> SPECIAL MAGISTRATE, AS LONG AS THE APPLICATION HAS BEEN MADE, IF STAFF CAN HAVE THE DISCRETION TO CONTINUE IT WITHOUT IT NEEDING TO COME BACK
BEFORE YOU. >>SPECIAL MAGISTRATE: ALL RIGHT.
APPRECIATE THAT. >> FROM A GREAT DAY.
>> SPECIAL MAGISTRATE, IF WE CAN JUST ON THEIR BEHALF MOVE THE PHOTOGRAPHS AND THE -- WHAT -- WHAT AM I GOING TO CALL THIS.
>> A TIMELINE OF REPAIRS. >>SPECIAL MAGISTRATE: WILL BE
ADMITTED AS SUCH. >> WE WILL PUT THEM IN THE FILES AS EXHIBIT ONE AND TWO SO THEY ARE OFFICIALLY IN THERE.
>>SPECIAL MAGISTRATE: GOOD LUCK, GENTLEMEN.
>> HAVE A WONDERFUL DAY. >> NEXT CASE IS 6-C, CASE
[C. 22-326 2650 S Kings Hwy Ft Pierce So Kings Hwy LLC Logan Winn]
22-326. 2650 SOUTH KINGS HIGHWAY.FORT PIERCE SOUTH KINGS HIGHWAY LLC IS THE OWNER.
>>SPECIAL MAGISTRATE: GOOD MORNING.
>> GOOD MORNING. >> THIS IS CASE 22-326 FOR 2650 SOUTH HINGES HIGHWAY. OWNED BY FORT PIERCE SOUTH KINGSHIGHWAY LLC, WARREN, NEW JERSEY, 07060.
VIOLATIONS FLORIDA BUILDING CODE 105.12020 PERMIT REQUIRED.
IN JANUARY 18, 2023. ORDER DETERMINING VIOLATION.
AND NOTICE OF EXTENSION MARCH 21, 2023.
[01:25:03]
SINCE ITS LAST HEARING, THE APPLICANT AND RESPOND BE ENT HAD SUBMITTED REVISIONS TO THE DEVELOPMENT COMPLIANCE REVIEW COMMENTS FROM THE ENGINEERING DEPARTMENT.I BELIEVE THEY WERE REJECTED AGAIN LAST MONTH.
SO BEFORE I MAKE A RECOMMENDATION, I WOULD LIKE TO
HEAR FROM THE RESPONDENT. >> YES.
>>SPECIAL MAGISTRATE: STATE YOUR NAME FOR THE RECORD.
>> MARK DOMES. THE COMMENTS LAST MONTH THAT WE HAD TO GET A RIGHT-OF-WAY PERMIT FROM PPORT ST. LUCIE COUNTY AND WE TURNED THAT IN LAST WEEK. WE HOPE TO HEAR FROM ENGINEERING AND HOPEFULLY THE END OF EVERYTHING AND GET THE PERMIT.
>> WAS THIS DIRECTED THROUGH THE ENGINEERING OR THE BUILDING
DEPARTMENT. >> THROUGH THE BUILDING DEPARTMENT THROUGH LA TASHA AND I RECEIVED AN E-MAIL THAT IT WAS SUBMITTED TO TERRY IN ENGINEERING.
>> LA TASHA IS NO LONGER WITH THE BUILDING DEPARTMENT.
>> PROBABLY WHY I DIDN'T GET AN ANSWER TO MY E-MAIL.
I WENT UP TO THE TEST. I THOUGHT SHE WAS THE PROJECT MANAGER AND SUBMIT IT. I GOT A RESPONSE BACK FROM CHERRI THAT THEY DO HAVE IT.
>> IF YOU CAN JUST LEAVE YOUR CONTACT INFORMATION WITH MISS BECK. WE WILL LOOK INTO THIS AND IF THERE IS ISSUE WITH SUBMITTAL, WE CAN CONTACT THEM.
>> IF I NEED TO RESEND THE PERMIT, I WILL.
>> CONSIDERING THAT IT WAS APPROVED, FOLLOWING THAT YOU NEED TO MAKE YOUR APPLICATION FOR THE BUILDING PERMIT.
HOW LONG WILL YOU EXPECT THAT TO TAKE, ASSUMING --
>> AS SOON AS WE GET THE OKAY FROM PLANNING AND DEVELOPMENT AND ENGINEERING, SUBMIT IT WITHIN A COUPLE OF WEEKS I WILL
HAVE THE PER MICROSOPERMIT TURN >> STAFF'S RIM DA IGS TO EXTEND
THE PERMIT FOR ANOTHER 60 DAYS. >>SPECIAL MAGISTRATE: BASE ON THE STIPULATION OF THE PARTIES, CONTINUE THIS FOR ANOTHER 06 DAYS. THANK YOU FOR SITTING THROUGH MY
RANTS. >> I WILL GIVE MY INFORMATION TO
>>SPECIAL MAGISTRATE: RIGHT HERE.
MISS BECK. >> TO THE SEPTEMBER HEARING,
CORRECT? >>SPECIAL MAGISTRATE: YES.
HOPEFULLY BY THEN, HE WILL HAVE EVERYTHING DONE.
NEXT CASE NEXT CASE. >> THE NEXT -- NEXT CASE IS, CASE 6-F, 2-2294, 2515 AVENUE Q, AG AND JM LLC ARE THE OWN OWNERS.
I THINK YOU NEED AN INTERPRETER. YOU NEED AN INTERPRETER?
>> YES. >>SPECIAL MAGISTRATE: WAIT UNTIL
[G. 22-2697 515 Palm Ave Unit B Martin Co. Properties LLC Logan Winn]
THE LAST. LET'S GET THESE PEOPLE OUT OFSO WE WILL DO 6-G, CASE 22- 22-2697515 PALM AVENUE UNIT B,
MARTIN COMPANY PROPERTIES. >>SPECIAL MAGISTRATE: GOOD
MORNING, STATE YOUR NAME. >> I AM CASSIE WOODS.
I AM REPRESENTING THE OWNERS OF MARTIN COUNTY PROPERTIES.
HERE IS KIERAN. >>SPECIAL MAGISTRATE: CITY.
MR. COSS? >> THIS IS CASE 22-2697, 515 PALM AVENUE UNITB. PROPERTY IS OWNED BY MARTIN COUNTY PROPERTIES, FLORIDA BUILDING CODE 105.1, PERMIT RIERMD AND IPMC 304.13, WINDOWS, SKYLIGHTS AND DOOR FRAMES.
THIS MATTER CAME YOU MARCH 7, 2023.
AND ORDER OF DETERMINATING VIOLATION WAS ENTERED.
MAY 7, 2023, AFFIDAVIT OF NONCOMPLIANCE.
WE RECEIVED MASSEY RESPONSE JUNE 13, 2023.
AND BEFORE YOU TODAY FOR A MASSEY HEARING.
>>SPECIAL MAGISTRATE: OKAY. >>SPECIAL MAGISTRATE: OKAY,
[01:30:17]
COUNSELOR, HOW DO YOU RESPOND. >> CARRIE ANNE MARTIN, THE WIFE OF JB JONES, THE OWNER FOR MARTIN COUNTY PROPERTIES.
WE OBTAINED THE PERMIT AFTER SOME OF THE PLUMBING WORK WAS DONE. WE FINALLY -- THE HARDEST PART WAS FINDING AN -- SORRY, A CONTRACTOR.
AND THAT WAS EVENTUALLY COMPLETED AND CLOSED OUT.
THE EXTERIOR DOORS, WE ACTUALLY HAD AN APPOINTMENT YESTERDAY AND INSPECTION SCHEDULED YESTERDAY. THEY WERE UNABLE TO MAKE IT OUT.
WE JUST RESCHEDULED WITH ELIZABETH BECK FOR TOMORROW AT 1 P.M. AND THE WINDOWS TOOK AN EXTREMELY LONG TIME WAITING FOR A CONTRACTOR TO PULL A PERMIT, AS WELL AS HAVING TO WAIT FOR THE WINDOWS TO ACTUALLY COME IN AND BE INSTALLED. AND THOSE HAVE ALSO BEEN INSPECTED AND CLOSED. SO THE ONLY I THINK THAT IS LEFT IS THE EXTERIOR DOOR, WHICH NEEDS TO BE WEATHER TIGHT.
WHICH IS SCHEDULED FOR TOMORROW AT 1:00.
>>SPECIAL MAGISTRATE: ALL RIGHT. ANYTHING FURTHER?
>> NO, MA'AM. >>SPECIAL MAGISTRATE: BECAUSE YOU ARE NOT IN FULL COMPLIANCE, BUT YOU ARE JUST RIGHT HERE.
>> YES, MA'AM, THERE IS MORE. MY APOLOGIES.
THEY DID A BLANKET LIEN AGAINST THE PROPERTY.
WE ARE TRYING TO GET A PARTIAL RELEASE OR LIEN REDUCTION TO BE
ABLE TO PAY THAT OFF. >>SPECIAL MAGISTRATE: COUNSELOR?
>> I WAS CLARIFYING FOR MYSELF THE PROCEDURAL POSTURE THAT WE
ARE IN. >>SPECIAL MAGISTRATE: I WOULD
LIKE TO JUST CONDITION IT. >> FINES ARE CURRENTLY RUNNING.
AT THIS POINT THE REQUEST WOULD BE -- THEY WOULD BE ASKING YOU
TO STOP THE FINES FROM RUNNING. >>SPECIAL MAGISTRATE: BUT THEY
HAVEN'T FULLY COMPLIED? >> CORRECT.
THEORETICALLY YOU COULD STOP THE FINES WHILE THEY TRY TO GAIN COMPLIANCE. BUT THE CITY'S POSITION HAS BEEN -- AND I THINK WILL CONTINUE TO BE THAT ONCE THEY DO OBTAIN COMPLIANCE, THEY CAN COME BACK AND ASK FOR ANY FINES TO BE REDUCED. SO OUR POSITION IS TO TYPICALLY -- UNLESS THERE COSS DISAGREES AND INDIVIDUAL REASONS WHY HE MIGHT DO SO, TYPICALLY THE ANSWER IS TO CONTINUE RUNNING THE FINES AND ONCE THEY GET COMPLIANCE, THEY CAN COME BACK AND HAVE THE FINES REDUCED AT THAT POINT.
SO I WILL FOUNT MR. COSS TO SEE IF HE HAS A DIFFERENT OPINION ON THIS CASE FOR INDIVIDUAL REASONS ON THIS CASE.
>> THANK YOU. SORRY ROAR SPECIAL MANAGE STRAIGHT, I WAS REVIEWING THE MASSEY RESPONSE THAT WE RECEIVED. STAFF'S POSITION IS, AS THE CITY ATTORNEY PROVIDED WITH CLARIFICATION THAT ONCE THE NUMBERS IS APPROVED AND ALL OF THE VIOLATIONS HAVE OPINION CURED, THE FINES WILL ACTUALLY STOP THAT DAY.
AND AT THAT TIME, THE RESPOND ASKING REQUEST A REDUCTION OF THE FINES WHICH EVEN IF THE SPECIAL MAGISTRATE STOPPED THE FINES TODAY, THIS MATTER WOULD HAVE TO COME BACK TO THE SPECIAL MAGISTRATE FOR REP DUNKS OF FINES SINCE THAT CAN BE DONE TODAY SINCE THE CASE IS NOT IN COMPLIANCE TODAY.
>>SPECIAL MAGISTRATE: THAT IS MY UNDERSTANDING OF, YOU KNOW ARE OF WHAT I CAN AND CANNOT DO HERE.
THEY WILL RUN, BUT ONCE YOU GET EVERYTHING DONE, COME BACK, AND THEN YOU CAN ASK US TO, YOU NKNW DO WHATEVER.
>> THERE WAS ONE -- WE HAVE A FEW PROPERTIES TO SALE UNABLE TO SELL THEM BECAUSE THERE IS A BLANKET LIEN.
YOU CAN NOT SELL THEM. I BELIEVE WE SPOKE WITH ELIZABETHBECK OF A PROPERTY RELEASE OF JUST THAT ONE PROPERTY IN ORDER TO SELL THAT. THAT IS WHY WE ARE HERE BEFORE MAGISTRATE NAJZ COUNSELOR, I DON'T NEED TO PRACTICE LAW UP FROM HERE. COUNSELOR, TAKE CARE OF THAT.
THAT IS YOUR JOB. >> WHAT I WILL SAY IS EVEN IF THE FINES ARE STOPPED ON THIS, THE LIEN IS GOING TO BE IN PLACE ON THIS PROPERTY. THERE WILL STILL BE A LIEN ON
THIS PROPERTY. >> THERE IS NO LIEN ON THIS PROPERTY CURRENTLY. THIS CASE SHOULD NOT BE CLOUDING
-- THERE IS NO LIEN. >> IT IS 608.
[01:35:04]
608 HAS THE LIEN. >> I THINK THEY ARE TALKING OF A
DIFFERENT PROPERTY. >>SPECIAL MAGISTRATE: I DON'T THINK THAT I CAN. I WAS INCORRECT, SPECIAL MAGISTRATE. IT IS FOR ANOTHER PROPERTY THAT HAD A BLANKET LIEN. THIS ONE IS IN COMPLIANCE CORRECTLY RIGHT NOW AND SCHEDULED TOMORROW 1 P.M. FOR INSPECTION. FINAL.
>> GET IT INSPECTED AND GET IT BACK ON THE DOCKET FOR NEXT MONTH. AND THEN WE CAN TAKE CARE OF IT.
>> THANK YOU. >>SPECIAL MAGISTRATE: I CAN'T -- I CAN'T DO IT RIGHT NOW BECAUSE WE DON'T HAVE THE INSPECTIONS, BUT TRUST YOU. WE WILL TAKE CARE OF YOU.
WE ARE NOT HERE TO KEEP PEOPLE FROM BUYING PROPERTY, SELLING
PROPERTY, BUILDING PROPERTY. >> MR. COSS DID CORRECTLY, THEY STARTED THE FINE AND DID NOT IMPOSE A LIEN YET.
THERE IS NO LIEN FOR THIS SPECIFIC CASE.
>>SPECIAL MAGISTRATE: COME BACK. COME BACK AND SEE ME.
>> IS THIS CONTINUED? >>SPECIAL MAGISTRATE: YES, TO THE NEXT DOCKET. DO YOU THINK YOU WILL HAVE IT
DONE BY NEXT MONTH? >> ABSOLUTELY.
>>SPECIAL MAGISTRATE: CALL MISS BECK.
>> THE NEXT CASE. >>SPECIAL MAGISTRATE: TWO, THREE, FOUR, FIVE GENTLEMEN HERE.
LET'S TAKE CARE OF THEM AND THEN WE WILL DO THE PHONE CALL.
>> THE NEXT CASE WILL BE THE INTERPRETER CASE FOR 5-C.
>>SPECIAL MAGISTRATE: LET'S PUT THAT OFF.
THE GENTLEMAN THAT DON'T NEED THE INTERPRETER.
>> WHAT ADDRESS ARE YOU HERE. >> 1510.
>> YES WE HAVE A CALL TO THE OWNER ON THAT.
>>SPECIAL MAGISTRATE: HOLD THAT OFF.
THAT IS IS A PHONE CALL. WHO NEEDS TO TESTIFY PERSONALLY.
[C. 23-867 1102 Beach Ct Garcia, Alberto G Logan Winn]
>> I THINK EVERYBODY NEEDS AN INTERPRETER.
>>SPECIAL MAGISTRATE: WE WILL MOVE ON TO THOSE CASES.
>> SO WE WILL DO 5-C CASE ALBERTO GARCIA IS THE OWNER AND WE REQUIRE AN INTERPRETER.
>> CALLS MAY BE MONITORED FOR QUALITY ASSURANCE.
THANK YOU FOR CALLING LANGUAGE LINK.
PLEASE ENTER YOUR ACCOUNT NUMBER, FOLLOWED BY THE POUND SIGN. IF YOU WOULD LIKE TO MAKE A THIRD-PARTY CALL, PLEASE PRESS 1.
PRESS 2 TO CONTINUE WITHOUT MAKING A THIRD PARTY CALL.
MAKE ONE FOR SPANISH. PRESS TWO FOR -- PLEASE ENTER YOUR DEPARTMENT CODE FOLLOWED BY THE POUND SIGN.
YOU ENTERED -- IF THIS IS CORRECT, PRESS 1.
THIS IS MARIA, SPANISH INTERPRETER ID 13869.
IS YOUR CLIENT PRESENT? >> YES, MA'AM.
IT IS NOT A CLIENT. WE ARE IN AN OPEN HEARING IN FRONT OF OUR SPECIAL MAGISTRATE. IT IS ESSENTIALLY A JUDICIAL
YOU CAN CONTINUE, PLEASE. >>SPECIAL MAGISTRATE: SIR, CAN YOU TAKE YOUR HAT OFF? SIR, HOLD ON.
LET THE INTERPRETER. >> SO I AM COMING BECAUSE I RECEIVED A LETTER WITH REGARDS TO -- WELL, BECAUSE I -- I -- I CLOCKED -- I LOCKED A ROOM BECAUSE IT HAS TOO MANY WINDOWS.
[01:40:03]
>> SIR, LET ME EXPLAIN KIND OF HOW THIS WILL GO REAL QUICK.
>> MR. WINN WILL PRESENT THE CASE TO THE SPECIAL AGE IN STRA STRAIGHT -- TO THE SPECIAL MAGISTRATE. YOU WILL HAVE CHANCE AFTER HE IS DONE TO SPEAK AND PROVIDE ANY EVIDENCE THAT YOU WISH TO PROVIDE. WHAT YOU WILL NOTICE IS WHEN EVERYONE IS SPEAKING, THEY WILL DO SO WITH PAUSES THAT IS SO THE INTERPRETER CAN INTERPRET FOR YOU.
SO FOR EVERYONE THAT NEEDS AN INTERPRETER TODAY, PLEASE MAKE SURE YOU SPEAK IN SMALL, SHORT SENTENCES AND PAUSE SO THE INTERPRETER CAN INTERPRET. MR. WINN, YOU CAN GO AHEAD AND
PRESENT YOUR CASE. >> CASE NUMBER 23-867.
THE ADDRESS IS 1102 BEACH COURT. CASE INITIATED MARCH 27, 2023.
THE OWNER IS ALBERTO G. GARCIA AT 1102 BEACH COURT, FORT PIERCE, FLORIDA, 3495 0. VIOLATIONS FBC 105.1, 2020, PERMIT REQUIRED. CORRECTIVE ACTIONS.
OBTAIN A PERMIT FOR FRAMING, BLOCKING THE WALL IN AND INSTALLING A SMALLER WINDOW WITHOUT A PERMIT.
THE RECOMMENDATION, THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT. AND OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS.
UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
THERE HAS BEEN NO PERMIT FOR THIS WORK AND NO CONTACT FROM THE OWNER. I HAVE A SET OF PICTURES TO SH SHOW.
>> SIR, YOU CAN LOOK AT THE PHOTOGRAPHS TO MAKE SURE YOU BELIEVE THEY ARE ACCURATE, THAT THEY ARE NOT DEPICTING SOMETHING INCORR INCORRECTLY.
[01:45:03]
>> WHEN IT IS YOUR TURN TO TALK, YOU CAN EXPLAIN ANYTHING YOU WOULD LIKE TO SAY ABOUT THE PHOTOGRAPHS.
ON, LET HER INTERPRET. >> I WASN'T AWARE THAT I NEEDED A PERMIT. I CLOSED MY BEDROOM BECAUSE IT WAS -- THE AIR IS -- WAS ESCAPING.
A AND THE ELECTRICITY BILL WAS TOO HI HIGH.
>> MR. WINN, DO THE PHOTOGRAPHS FAIRLY AND ACCURATE DEPICT THE
>> AT THIS TIME, THE CITY WILL MOVE THE PHOTOS IN AS COMPOSITE
EXHIBIT 1. >>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH. THEY WOULD BE WITH ADMIT ITTED
AS SUCH. >> ANYTHING FURTHER, MR. WINN?
>> NO. >> SIR, AT THIS TIME, YOU CAN EXPLAIN ANYTHING YOU WOULD LIKE TO EXPLAIN.
>> HE SAID, HE WASN'T AWARE ABOUT NEEDING A PERMIT TO DO THAT. AND REGARDING THE WINDOWS, WELL, THEY ARE PRETTY SMALL. SO I DON'T KNOW WHAT I COULD DO.
>>SPECIAL MAGISTRATE: ANYTHING FURTHER, COUNSELOR?
>> NO, MA'AM. >>SPECIAL MAGISTRATE: HAVE YOU GOTTEN A PERMIT? SIR, I AM SPEAKING TO YOU.
>> SHE NEEDS TO INTERPRET. >> EXCUSE ME, THIS IS INTERPRETER, PLEASE, CAN YOU REPEAT, PLEASE, YOUR HONOR?
>>SPECIAL MAGISTRATE: HAVE YOU GOTTEN A PERMIT?
>> EXCUSE ME, I APOLOGIZE, WHAT WAS PERMITTED, EXCUSE ME?
>>SPECIAL MAGISTRATE: HAVE YOU GOTTEN A PERMIT.
BECAUSE I -- I DIDN'T KNOW THAT I HAD TO GET THAT PERMIT.
>>SPECIAL MAGISTRATE: DID ANYBODY FROM THE CITY TELL YOU
>> NO. >> AND I THINK MR. WINN INDICATED THE OWNER HAD NOT CONTACTED US BASED ON EVERYTHING
YES, BASE DIDN'T KNOW THAT I HAD TO CALL YOU.
IT IS THE FIRST TIME. SO I DIDN'T KNOW THAT I HAD TO DO THIS. MANAGE MAGISTRATE LETTERS WERE
SENT TO YOU. >>SPECIAL MAGISTRATE: LETTERS
WERE SENT TO YOU. >> YES, I GOT IT, BUT, I MEAN, I DON'T UNDERSTAND. SO I DON'T KNOW.
[01:50:03]
>>SPECIAL MAGISTRATE: I AM GOING TO CONTINUE THIS FOR 30 DAYS.
>>SPECIAL MAGISTRATE: YOU BETTER GET A PERMIT FOR APPLICATION
WITHIN THAT 30-DAY PERIOD. >> OKAY.
>>SPECIAL MAGISTRATE: IF NOT, I WILL FINE YOU $250 A DAY UNTIL YOU GET THAT PERMIT APPLICATION, OK
>>SPECIAL MAGISTRATE: YOU UNDERSTAND?
>>SPECIAL MAGISTRATE: THANK YOU. NEXT CASE, MADAM CLERK.
>> IS THIS CONTINUED TO THE AUGUST SPECIAL MAGISTRATE.
>>SPECIAL MAGISTRATE: YES, PLE
PLEASE. >> WE HAVE TWO OTHER --
>>SPECIAL MAGISTRATE: YOU NEED TO TELL HIM THAT THAT IT IS
CONTINUED. >> INTERPRETER, IF YOU CAN TELL THE OWNER THAT THIS CASE WILL BE CONTINUED TO THE AUGUST 15 SPECIAL MAGISTRATE HEARING.
>> YES, THAT'S FINE. >> SIR, I WOULD SUGGEST THAT YOU CALL THE BUILDING DEPARTMENT TODAY.
THERE ARE PEOPLE THAT SPEAK SPANISH THAT CAN EXPLAIN TO YOU WHAT IS GOING ON SO THAT YOU DON'T HAVE ANY ISSUES.
ACTUALLY WALK OVER THERE RIGHT NOW TO TALK TO THEM.
THANK YOU. >> INTERPRETER, IF YOU CAN STILL STAY ON THE LINE. WE HAVE TWO OTHER CASES THAT
NEED INTERPRETATION, PLEASE. >> YES, YES, SURE.
ABSOLUTELY. >> CAN YOU ALL GO TELL HIM WHERE
TO GO? >> THE NEXT IS A MASSEY HEARING
[F. 22-2294 2514 Avenue Q AG & JM LLC Logan Winn]
CASE 6-F. THE CASE NUMBER IS 22-2294 THE ADDRESS IS 2514 AVENUEQ. THE OWNER IS AG AND JM, LLC.>> CAN WE HAVE HER -- CAN WE SWEAR HIM IN, PLEASE?
>> YES. I HAVE TO SWEAR IN THE OWNER, INTERPRETER. CAN YOU PLEASE RAISE YOUR RIGHT
>> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE
EARLIER WHEN I EXPLAINED THE PROCESS OF HOW THIS WILL WORK?
>> WHEN IT IS YOUR TURN, PLEASE TALK IN SHORT SENTENCES.
>> OKAY. >> MR. WINN IS MAKING HIS WAY
BACK UP FOR THIS CASE. >> I WILL BE HANDLING THIS ONE.
MR. COSS. >> CASE 22-2294 FOR 2514 AVENUEQ. THE PROPERTY IS OWNED BY AG AND JM. THIS MATTER CAME BEFORE THE SPECIAL MAGISTRATE DECEMBER 20, 2022 IN ORDER DETERMINING VIOLATION WAS ENTERED. PRESENT AFFIDAVIT OF
[01:55:09]
NONCOMPLIANCE WITH FINES STARTING JUNE 1B, 2023.THE MASSEY REQUEST WAS RECEIVED ON JUNE 12, 2023.
PRIOR TO MAKING RECOMMENDATION, I WOULD LIKE TOO HEAR FROM THE RESPO RESPONDENT.
>> SIR, ANYTHING YOU WOULD LIKE TO EXPLAIN?
>>SPECIAL MAGISTRATE: GIVE HER TIME TO INTERPRET.
HOLD ON. >> THE REASON WHY WE WERE UNABLE TO DO THE REPAIR SOME TIME BECAUSE WE WERE NEEDING PERMITS.
TO GET PERMITS. SO WE APPLIED FOR THE PERMITS IN ORDER TO DO THE REPAIRS. BUT WE JUST GOT APPROVED LAST FRIDAY. SO I HAVE THE PERMIT AND THE COPY OF THE DOCUMENTS THAT THE CITY APPROVED AND WE ARE IN THE PROCESS OF STARTING TO DO THE -- THE NECESSARY REPAIRS ON THE BUIL BUILDING.
>> MR. COSS IS LOOKING THAT UP TO CONFIRM.
>>SPECIAL MAGISTRATE: DO YOU HAVE THE PERMIT WITH YOU?
>> YES. I HAVE ALL THE DOCUMENTS.
AND THE PLANS APPROVED. >> SPECIAL MAGISTRATE, STAFF AGREES THAT THE PERMIT WAS ISSUED LAST WEEK.
THE RECOMMENDATION IS TO STOP THE ACCRUAL OF THE FINES.
AND CONTINUE THIS CASE UNTIL THE PERMIT HAS BEEN PROPERLY INSPECTED AND CLOSED. ONCE THAT IS COMPLIED, THE RESPONDENT CAN COME BACK FOR A FINE REDUCTION HEARING.
>>SPECIAL MAGISTRATE: THANK YOU. DID YOU TELL HIM, THANK YOU.
>> GRACIAS. >> AND FOR ABOUT THE FINES, WHAT
CAN I DO? >>SPECIAL MAGISTRATE: WE ARE GOING TO STOP THEM FOR NOW. AND ONCE YOU COMPLY WITH WHAT YOU NEED TO DO, YOU CAN COME BACK AND ASK THAT WE DO AWAY
WITH ITS FINES, OKAY? >> OKAY.
>>SPECIAL MAGISTRATE: YOU ARE WELCOME.
[02:00:10]
WE HAVE THE REMAINING PEOPLE NEED AN INTERPRETER?>> ONE MORE NEEDS AN INTERPRETER, YES.
[E. 22-2215 505 N 25th Street Espinoza, Humberto Shaun Coss]
>>SPECIAL MAGISTRATE: CALL THAT CASE.
>> 6-E, CASE 22-2215. INTERPRETER, ARE YOU STILL WITH U US?
>> THE ADDRESS IS 505 NORTH 25TH ST STREET. THE OWNER IS HUMBERTO ESPINOSA.
>> SIR, ARE YOU MR. ESPINOSA? >> YOU NODDED AT ME.
YOU HAVE TO VERBALLY ANSWER. >> OKAY.
>> ARE YOU MR. ESPINOSA? >> YES.
>> THE CLERK IS GOING TO SWEAR YOU IN.
IF YOU CAN RAISE YOUR RIGHT HA
HAND. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU WILL PROVIDE WILL BE THE TRUTH?
>> YES. >> AND I BELIEVE THIS IS MR. COSS AS WELL. SPECIAL MAGISTRATE, CASE 22-2215 FOR 505 NORTH 25TH STREET. THE PROPERTY IS OWNED BY HUMBERTO ESPINOSA OF THE SAME ADDRESS.
THIS MATTER CAME BEFORE YOU -- HOLD ON ONE SECOND.
THIS MATTER CAME BEFORE YOU DECEMBER 20, 2022 IN ORDER AND AN ORDER OF DETERMINING VIOLATION WAS ENTERED.
A 60-DAY EXTENSION OF TIME GRANTED JANUARY 18, GEE.
AND THE AFFIDAVIT OF NONCOMPLIANCE STARTING THE FINES WAS REPORTED APRIL 4, 2023. ON JUNE 20, 2023, SPECIAL MAGISTRATE CONTINUED THIS CASE UNTIL THE HEARING TODAY.
AND SINCE THE LAST AMERICA, I AND THE INSPECTOR ARE MET WITH THE OWNER AND THE ENGINEER OF RECORD REGARDING THIS MATTER.
THE REVISIONS WERE SUBMITTED LAST WEEK.
STAFF'S RECOMMENDATION IS THAT THE FINES REMAIN STAYED AND THIS CASE BE CONTINUED FOR ANOTHER 30 DA D DAYS.
>>SPECIAL MAGISTRATE: ARE YOU IN AGREEMENT WITH THAT, SIR?
>> I WANT AN EXPLANATION OF WHAT HE IS DOING TO -- REGARDING THAT -- HOW THE CASE IS GOING TO CONTINUE EVEN THOUGH THE -- THE PLAN, THE MAP WAS ALREADY SENT ABOUT THE AC, AIR CONDITIONER.
[02:05:01]
>> OKAY, THE REVISIONS HAVE NOT OPINION REVIEWED OR APPROVED YET. ONCE THE REVISIONS ARE APPROVED,
THE PERMIT WILL BE ISSUED. >> SO THE FINES HAVE ALREADY BEEN STOPPED. ONCE ALL THE OF THE WORK IS COMPLETE AND INSPECTED, THE CASE WILL BE COMPLIED AND THEN HE CAN
COME BACK FOR A FINE REDUCTION. >>SPECIAL MAGISTRATE: ANY QUES QUESTIONS?
>> IS THERE GOING TO BE ANOTHER HEARING AFTER THIS?
>> THE STAFF'S RECOMMENDATION TO CONTINUE THIS FOR 30 DAYS.
AS LONG AS A PERMIT IS ISSUED BEFORE THAT, THEN THERE WOULD NOT BE ANOTHER HEARING. THE ONLY OTHER HEARING WOULD BE TO REDUCE THE FINES AND HE WOULD NEED TO SUBMIT THAT REQUEST.
>>SPECIAL MAGISTRATE: THANK YOU, YOU ARE FREE TO LEAVE.
>>SPECIAL MAGISTRATE: SIR, ARE YOU WITH HIM? OKAY. YOU HAVE A CASE?
>> 1610 G. TERRACE. >> ONE SECOND, DO WE STILL HAVE
THE INTERPRETER ON THE PHONE? >> YES.
>> WE ARE DONE WITH THE INTERPRETER?
>> YES, MA'AM. >> MADAM INTERPRETER.
THANK YOU FOR YOUR HELP TODAY. >> YES, THANK YOU VERY MUCH.
HAVE A NICE DAY. THIS IS MARIA.
>> THE INTERPRETER HAS DISCONNECTED FROM THE CONFERENCE. THIS CALL WILL NOW BE
[E. 23-897 1510 G Terrace Jackson-Lowe, Patricia Frank Remling]
DISCON DISCONNECTED.SO OUR NEXT CASE IS A CALL-IN CASE.
AND IT IS 5E, CASE 23-8997. 1510 G. TERRACE.
PATRICIA JACKSON-LOWE IS THE OWNER.
>>SPECIAL MAGISTRATE: SIR, HOW ARE YOU RELATED TO THE CASE?
>> YES, MA'AM. >>SPECIAL MAGISTRATE: HOW
RELATED TO THE CASE? >> I WAS RENOVATING THE -- THE
HOUSE RIGHT NOW. >>SPECIAL MAGISTRATE: STATES
YOUR NAME FOR THE RECORD. >> YES, MA'AM, MY NAME IS ELIJAH CLARK. MAY I SAY CONGRATULATIONS.
YOU USED TO BE MY ATTORNEY. >>SPECIAL MAGISTRATE: THANK YOU.
30 YEARS, I HAVE FORGOTTEN HALF OF THE THINGS IN THE PAST.
>> IF WE CAN GET THE OWNER ON THE PHONE BEFORE WE GO INTO TOO
MUCH DETAIL. >>SPECIAL MAGISTRATE: OKAY, COUNSELOR. SOR
PRAISE THE LORD. >> IS THIS PATRICIA.
>> THIS IS SHE. >> HI, THIS IS ELIZABETH FOR THE CITY OF FORT PIERCE BUILDING DEPARTMENT.
YOU ARE IN THE SPECIAL MAGISTRATE HEARING.
CAN YOU HEAR ME OKAY? >> YES, I CAN HEAR YOU.
>> OKAY. SO YOU WILL HAVE TO BE SWORN IN FOR TESTIMONY. SO COULD YOU RAISE YOUR RIGHT HA HAND.
>> I DON'T SWEAR, BUT I WILL AFFIRM.
>> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE
WILL BE THE TRUTH? >> I AFFIRM.
[02:10:02]
AND THE NEXT VOICE YOU WILL HEAR IS THE CITY ATTORNEY.
>> THANK YOU. >> MA'AM, JUST SO YOU KNOW HOW KIND OF THE PROCEEDINGS WILL GO. STAFF WILL PRESENT OUR CASE OFF CHANCE TO SPEAK AFTERWARDS AND EXPLAIN WHAT YOU WOULD LIKE TO EXPLAIN. A MR. CLARK IS HERE I BELIEVE ON YOUR BEHALF AND IN ADDITION TO YOU TO SPEAK AS WELL.
HE WILL HAVE A CHANCE TO SPEAK AFTER STAFF'S PRESENTATION.
WERE WE ABLE TO SEND HER THE PHOTOGRAPHS AHEAD OF THE
HEARING? >> WE E-MAILED THEM YESTERDAY.
>> I RECEIVED THEM. >> YES, MA'AM.
PERFECT. MR. REMLING WILL PRESENT AND YOU WILL HAVE A CHANCE AFTER HE SPEAKS.
>> HOW ARE YOU DOING, I AM FRANK REMLING.
THE BUILDING INSPECTOR. CASE IS 23-888 THE OWN OTHER'S NAME IS PATRICIA JACKSON-LOWE, VIOLATION IS I AREPMC 604.1, 2021, FACILITIES REQUIRED. CORRECTIVE ACTIONS RESTORE THE UTILITIES OR VACATE THE PROPERTY.
RECOMMENDATION THAT THE CITY REQUESTS THAT A SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATORS WILL BE GIVEN 60 DAYS TO OBTAIN A PERMITS.
OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLY WITH ALL, OTHER PERMIT CONDITIONS AND CURE ALL THE OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OF $100 PER DAY ASSESSED. I TOOK THIS CASE OVER FLORIDA GERARD AND HE IS NOT HERE. SOME OF THE PICTURES HE TOOK AND I TOOK. THERE IS NO PERMIT TO RESTORE POWER AS OF YET THAT WE KNOW OF, I HAVE PICTURES SHOWING THAT SOMEBODY IS LIVING THERE WITHOUT UTILI
UTILITIES. >> JUST A CLARIFY ON THE TO HE TOES. THE ONE THAT MR. MESINA TOOK, MARKED WITH GM TO DESIGNATE THE ONES HE TOOK AND THE ONES YOU
TOOK DESIGNATED WITH THE FR. >> WE.
PHOTOGRAPHS THAT MR. MESINA TOOK, A ARE THEY KEPT AS A NORM OL COURSE OF THE BUILDING DEPARTMENT'S CASES?
>> YES. >> MISS JACKSON-LOWE, YOU HAD ABILITY TO SEE THE PHOTOGRAPHS. ARE THEY ACCURATE.
WE WANT TO KNOW IF YOU BELIEVE THEY ARE ALTERED OR DON'T DEPICT
WHAT IS IN THEM. >> I HAVE WHAT YOU SENT ME.
DO YOU HAVE ANY OBJECTIONS TO THE PHOTOGRAPHS BEING REVIEWED
BY THE SPECIAL MAGISTRATE? >> NO, I DO NOT.
>> OKAY. SO AT THIS TIME, THE CITY WILL MOVE THOSE IN AS COMPOSITE EXHIBIT 1.
MR. CLARK WANTED TO SEE THEM. YOONG HE HAS -- I DON'T OBJECT HIM LOOKING AT HIM BEFORE HANDED OVER TO THE SPECIAL MAGISTRATE.
BUT THEY WILL BE SHOWN ON THE OVERHEAD TELEVISIONS AS WELL.
WILL HAND THEM TO THE SPECIAL MAGISTRATE.
THANK YOU. WE WILL MOVE THIS IN AS COMPOSITES EXHIBIT 1, SPECIAL MAGISTRATE.
>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >> JUST THE PHOTOGRAPHS ARE DATE AND TIME TAMPED, IS THAT CORRECT MR. REMLING.
>> DID YOU SEE POWER WAS OFF. >> I DIDN'T GET INFORMATION THAT THE POWER WAS ON. I WASN'T GOING TO GET INSIDE THE GATE BECAUSE THE GENTLEMAN WAS GOING TO SIC THE DOG ON ME.
I COULDN'T SEE IF THERE WAS ANY POWER.
>> FROM YOUR OBSERVATIONS IT DIDN'T APPEAR THERE WAS POWER AT THE TIME. AND HAVE ARE YOU RECEIVED ANY INFORMATION COULD THE CONTINUE TO TRARRY AT THIS POINT CON, ARY
[02:15:01]
TO THAT POINT. >>SPECIAL MAGISTRATE: STATE YOUR
NAME FOR THE RECORD. >> ELIJAH CLARK.
>> YOUR RELATIONSHIP WITH THE PROPERTY.
>> I AM CURRENTLY RENOVATING. NOW I UNDERSTAND THE POWER SITUATION THAT THEY ARE HAVING. AND I DO HAVE A LICENSED ELECTRICIAN THAT IS COMING OUT, BUT I AM KIND OF AT THE BOTTOM OF THE LIST AND HE IS REALLY, REALLY BUSY.
SO I DID -- >> NEEDS TO HURRY UP AND GET
DOWN THERE. >> I DID A LITTLE BIT, LIKE PUTTING IN A NEW HOT WATER HEATER AND THAT WAS ABOUT IT, BECAUSE MY COUSIN -- THESE GENTLEMEN HAD SAID SOMETHING ABOUT THAT -- THAT THEY NEEDED A -- NEEDED A LICENSED ELECTRICIAN TO COME IN TO, I GUESS, MAKE SURE THE WIRING WAS SAFE.
AND I -- I FOUND THAT OUT, ME AND MY WIFE WHEN WE TRIED TO GO
GET THE LIGHTS PUT IN OUR NAME. >>SPECIAL MAGISTRATE: YOU ARE LIVING IN THE HOUSE WITHOUT ANY ELECTRICITY?
>> NO, MA'AM, THERE WAS POWER AT THE PLACE WHEN WE MOVED IN.
AND WE WANTED TO GET THE LIGHTS IN OUR NAME, BECAUSE WE DIDN'T KNOW WHO. WHEN WE FINALLY GOT THE MONEY, WE CALLED THESE PEOPLE. AND THEY TOLD US WHAT IT WILL BE. WE WENT DOWN TO GET THE LIGHTS
TURNED ON. >>SPECIAL MAGISTRATE: YOU ARE NOT MAKING SENSE. SIR --
>> I AM SORRY, PLEASE FORGIVE ME.
>>SPECIAL MAGISTRATE: MA'AM, YOU HOLD ON TOO.
MR. REMLING, TELL US WHAT YOU SAW THERE.
>> GERARD WAS THERE INITIALLY AND HE WENT TO TALK TO THE GENTLEMAN AT THE DOOR. I WENT THERE AND I PULLED UP AND I WAS GOING TO TAKE PICTURES TO SEE IF THE POWER WAS ON.
THIS GENTLEMAN WAS OUTSIDE. I COULDN'T GET INSIDE THE DATE AND HE HAD THE DOG AND HE SAID YOU KNOW WHAT TO DO IF YOU TRY TO COME IN HERE. I STOOD OUTSIDE THE GATE AND I TOOK PHOTOGRAPHS HOW I COULD AND THAT WAS IT.
AND I LEFT THE PREMISE AFTER THAT.
I DIDN'T SEE ANY LIGHTS OR ANYTHING GOING ON.
>>SPECIAL MAGISTRATE: WERE THERE CHILDREN THERE?
>> NOT THAT I SAW, MA'AM, I JUST SAW THIS GENTLEMAN.
>>SPECIAL MAGISTRATE: COUNSELOR? >> I WANT TO CLARIFY TO MISS JACKSON-LOWE IN SHE SHOWS THAT MR. CLARK IS WORKING OR LIVING
IN THE HOUSE. >> I DID NOT KNOW HE WAS WORK ON MY PROPERTY. I DID KNOW THAT HE WAS A SQUATTER ON THE PROPERTY. AT WHICH -- AT WHICH --
>> THAT WAS THE CONCERN I WAS HAVING.
>> AT WHICH I AM IN THE PROCESS NOW OF DOING THE FORM THAT THEY TOLD ME I HAD TO FILL OUT AT THE COURTS TO HAVE HIM EVICTED OFF
OF MY PROPERTY. >> SO THAT WAS THE CONCERN BASED ON WHAT I WAS HEARING THAT I WAS HAVING THAT HE WAS NOT LEGALLY OCCUPYING AND SHE MAY BE IN SOME SORT OF LITIGATION RELATED TO HIS UNLAWFUL OCCUPATION OF THAT HOME.
>> CORRECT. HE HAS BEEN A SQUATTER THERE OR BROKE IN THE PROPERTY THAT I KNOW OF.
WHEN I CALLED -- WHEN I FIRST CALLED BACK IN OCTOBER OF '22.
IN JANUARY, I FOUND OUT THAT THE LIGHTS WERE ON INSIDE OF THE PRO PROPERTY.
I JUST LEFT IN OCTOBER WITH THE PROBATE PAPERS.
MY AUNT HAS BEEN DECEASED SINCE 200.
MY UNDERSTANDING MY NIECE WENT THERE TO TALK WITH THIS PERSON.
THEY SAID THEY WERE GOING TO LEAVE IN TWO WEEKS.
THEY DID NOT. AND MARCH, I CALLED BACK AND THIS INDIVIDUAL IS STILL ON THE PROPERTY.
HE HHAS -- FOR ME THAT HE HAS CHOSEN TO SAY.
I AM SEEKING COUNSEL WITH REGARDS TO HIM BEING THERE AND THE DAMAGES. NO DOG IS SUPPOSED TO BE THERE.
I THINK BACK HERE, THIS TIFFANY PERSON TRIED TO CONTACT ME ABOUT RENTING THE PROPERTY, BUT THEIR INCOME WAS NOT SUFFICIENT.
TO RENT THE PROPERTY. SO MY BEST GUESS IS BECAUSE I HAVEN'T RENTED IT OUT, THEY CHOSE TO BREAK IN IT AND ACQUIRE THE PROPERTY. I LIVE IN DUBLIN, GEORGIA.
>>SPECIAL MAGISTRATE: YOU LIVE IN DUBLIN.
>> YES, IN DUBLIN, GEORGIA. >>SPECIAL MAGISTRATE: MY
GRANDMOTHER IS FROM ADRIENNE. >> YES, ADRIAN.
I AM -- AT THIS MOMENT, I AM -- I AM FILING THE UNLAWFUL DETAINER. AND THIS HAS PUT ME IN GRADE HARTSHIP BECAUSE I AM DISABLED, AND MY SOON-TO-BE 90-YEAR-OLD DAD. HAND THIS GENTLEMAN IS HAS -- I
[02:20:02]
WOULDN'T CALL HIM A GENTLEMAN, BUT THIS PERSON HAS BEEN GIVING MORE THAN AMPLE TIME TO LEAVE MY PROPERTY.I CALLED THE HUMANE SOCIETY TO GO -- THEY TOLD -- TO DO A WELFARE CHECK BECAUSE THEY SAID THAT THE PERSON WAS KEEPING ANIMALS INSIDE OF MY HOUSE. I HAD NOT EVEN HAD A CHANCE TO DO THAT. I AM DEALING WITH THE FORT PIERCE POLICE DEPARTMENT WITH REGARDS TO HIM AND HOPEFULLY -- I HOPE THIS CAN BE DONE AS QUICKLY AS POSSIBLE.
I MEAN, IT IS REALLY SAD THAT MY DAUGHTER WAS THERE.
AND HE TOLD HER THAT HE WAS GOING TO LEAVE IN TWO WEEKS, BUT THIS OFFICER THERE AND SHOWED -- SAID A RIGHT WITH -- WITH MY SIGNATURE ON IT. IF MY AUNT COULD NOT SIGN A RIGHT 2008. AND IT IS 2023.
MY HEART IS SADDENED BECAUSE OF THIS WHOLE OR DEAL.
AND THIS MAN HAND ACE WIFE AND THEIR DOGS.
I DON'T KNOW WHAT THEY ARE DOING.
WHAT SHE WORKED HARD FOR. HAD TO GO THROUGH PROBATE TO GET THIS STRAIGHTENED OUT SO I CAN JUST BE DONE WITH THIS PROPERTY.
I HAD WORKED FOR FORT PIERCE UTILITY CONTACTED AND TOLD ME LIGHTS -- THEY SENT ME A BILL FOR LIGHTS.
I TOLD THEM TO PULL THE METER. AFTER THAT, I GET A BILL ABOUT WATER. THEY EVEN USED ALL KIND OF WATER. THAT IS ATTACHED THE PROPERTY.
BECAUSE OF THEM. I MEAN, THIS PERSON HAS NO REMORSE, NO HEART, NO FEELINGS WHATSOEVER, IN MY OPINION.
TO DEFILE MY AUNT'S NAME AND HER PROPERTY! I AM AN ORDAINED MINISTER. I BELIEVE HELPING PEOPLE.
IF THIS MAN CALLED ME AND SAID, MA'AM, I APOLOGIZE TO YOU.
BUT ME AND MY WIFE HAVE NOWHERE TO GO.
INSTEAD OF BREAKING INTO MY PROPERTY AND DEFILING IT OR DISRESPECT OF MY AUNT. AND I HAVEN'T HAD A CHANCE TO GO THROUGH. WHAT KIND OF PERSON DOES THIS? WHO GIVES YOU THE RIGHT TO DO THIS TO ME! I AM DISABLED! YOU SHOULD BE ASHAMED OF YOURSELF, ELIJAH CLARK! AND I PRAY GOD HAVE MERCY ON YOUR SOUL. YOU ARE STEALING.
>>SPECIAL MAGISTRATE: HEY, HEY, HEY!
HE DON'T KNOW WHAT SLEEPLESS NIGHTS YOU PUT ME THROUGH BECAUSE OF THIS. WHO ARE YOU TO GO AND DO THIS TODAY! WHAT ARE YOU DOING TO ME! I CAN'T RUN AND BACK AND FORTH DOWN THERE.
I JUST FINISHED WITH THE PROBATE.
I KNOW PEOPLE HAVE HARDSHIPS. LIKE I SAID, MY HEART GOES OUT AND I HELP PEOPLE EVERY DAY WITH THE WORD OF GOD.
BUT WHAT YOU ARE DOING IS WRONG. WHAT YOU ARE DOING IS WRONG, ELIJAH. I DON'T DESERVE THIS.
MY AUNT DOES NOT DESERVE THIS. >>SPECIAL MAGISTRATE: MISS --
MISS JACKSON-LOWE. >> YES, MA'AM.
YOU ARE USING WATER YOU ARE NOT PAYING FOR.
YOU ARE NOT USING ELECTRICITY YOU ARE NOT PAYING FOR.
YOU CAN'T GET THE LIGHTS -- THEY GAVE THE OKAY BECAUSE YOU WENT
[02:25:01]
ABOUT IT THE WRONG WAY. >>SPECIAL MAGISTRATE: HAVE YOU
CALLED THE POLICE? >> I HAVE CALLED THE POLICE.
I HAVE PLENTY OF REPORTS OF THE POLICE TO DEAL WITH MR. ELIJAH.
MR. ELIJAH HAD PLENTY OF TIME TO GET OUT OF THERE.
HE STAYING TWO WEEKS -- FROM JANUARY TO JULY.
BUT HE IS STILL THERE. WHAT KIND OF PERSON DOES THIS?
>>SPECIAL MAGISTRATE: ALL RIGHT, AGAIN, I AM FRAN ROSS, I AM THE SPECIAL MAGISTRATE. I'M HERE WITH THE CITY ATTORNEY.
ALL OF THE -- ALL OF THE OFFICERS AND WORKERS WITH THE BUILDING DEPARTMENT. I AM SURE THAT SOMETHING CAN BE DONE WITH THE -- WITH YOUR HOUSE.
YOUR HOUSE. >> I WAS GETTING READY TO DO THE RIGHT THING WITH THE PROPERTY AND I THANK GOD I DIDN'T GO AHEAD AND FURNISH IT BEFORE I LEFT.
GOD KNOWS. >> SPECIAL MAGISTRATE, SPEAKING WITH STAFF, WHAT WE ARE GOING TO ASK TO DO IS TO RESET THIS FOR 06 DAYS FOR TWO MONTHS OUT. IN THE MEANTIME, WE WILL FOLLOW UP AND LOOK INTO WHAT MISS JACKSON-LOWE HAS TOLD US AND WE WILL RE-EVALUATE HOW AND WHAT WE WILL TO DO PROCEED AT THAT POINT
IN TIME. >> HE NEEDS TO FIND SOME OTHER
PLACE. >>SPECIAL MAGISTRATE: DO YOU THINK WE CAN DO IT IN 30 DAY. WE COULD.
IF WE DON'T -- IF WE DECIDE NOT TO CONTINUE, IT WOULDN'T COME BACK BEFORE YOU, IT WOULD JUST BE CLOSED OUT.
THAT WAS JUST A -- A -- SO THERE IS ENOUGH TIME TO SPEAK WITH THE POLICE DEPARTMENT TO LOOK AT ANYTHING THAT WE NEED TO LOOK AT
RELATED TO ANY REPORTS. >>SPECIAL MAGISTRATE: LET'S DO IT IN 30 DAYS, AND I -- YOU KNOW, WE HAVE TO EXTEND IT, WE WILL, BUT FROM WHAT SHE IS SAYING -- I AM GOING TO PAUSE IT RIGHT THERE. SIR, THIS LADY IS MAKING SERIOUS
ACCUSATIONS AGAINST YOU. >> YES, MA'AM.
YES, MA'AM. >>SPECIAL MAGISTRATE: HOW DO YOU RESPOND? BECAUSE YOU KNOW WHAT, SHE USED TO BE A PROSECUTOR. AND I AM SURE -- YOU PROBABLY DO. BUT I AM SURE SHE CAN THINK OF 100 WAYS TO PROSECUTE YOU FOR WHAT YOU ARE DOING.
PLEASE DON'T SAY ANYTHING. SHE CAN THINK OF MANY WAYS TO PROSECUTE YOU. AND TELL ME -- I CAN TELL YOU, SHE WAS TOUGH. WE HAVE -- WE WENT HEAD TO HEAD WITH CASES. BUT SHE IS A DAMN GOOD PROSECUTOR. I AM GOING TO TELL YOU SOMETHING. FROM WHAT THIS LADY JUST TOLD ME, YOU ARE LUCKY YOU ARE NOT WALKING OUT OF HERE IN
HANDCUFFS. >> HE WILL BE SOON.
>>SPECIAL MAGISTRATE: I -- I -- >> HE WILL BE SOON.
>>SPECIAL MAGISTRATE: CODE ENFORCEMENT VIOLATIONS.
>> RIGHT. >>SPECIAL MAGISTRATE: CODE AND
BUILDING. >> TAKING ME THROUGH THIS.
WHAT KIND OF PERSON -- >>SPECIAL MAGISTRATE: I CAN ONLY IMAGINE IF SOMEBODY DID THIS TO ME.
I CAN ONLY IMAGINE. >> THAT IS WHAT I AM SAYING.
HOW WOULD HE FEEL -- >>SPECIAL MAGISTRATE: IF IT WAS YOUR MOM OR YOUR DAD OR YOUR GRANDMA.
AND YOU STAND HERE TRYING TO DEFEND YOURSELF.
>> DOING WHAT TO IT? IT IS NOT YOUR PROPERTY.
>>SPECIAL MAGISTRATE: ALL RIGHT, MISS HEDGES, YOU GAVE ME THE EYE. HOLD ON, MA'AM.
WHAT DO YOU HAVE TO SAY. YOU BETTER BE CAREFUL BECAUSE EVERYTHING IS RECORDED AND SHE CAN GET A COPY -- SIR, SIR, SHE CAN GET A COPY OF THIS AND PRESENT IT TO ANY CRIMINAL JUDGE
IN ST. LUCIE COUNTY. >> I WANT TO KNOW, CAN I HAVE HER NUMBER. BECAUSE I HAVEN'T BEEN ABLE TO GET ANYBODY -- IT HAS BEEN LIKE --
>>SPECIAL MAGISTRATE: YOU ARE A SQUATTER.
YOU ARE A SQUATTER. YOU DIDN'T TRY TO GET HER NUMBER. YOU DIDN'T TRY TO GET HER
NUMBER. >> MY NIECE GAVE HIM THE NUMBER.
>> BECAUSE I THOUGHT -- I THOUGHT I WAS DEALING WITH THE
RIGHT PEOPLE. >> NO, YOU DIDN'T.
NO, YOU DIDN'T. WHEN YOU WENT TO GET THE LIGHTS CUT ON. YOU COULDN'T.
YOU FORGED MY AUNT'S SIGNATURE. TELL THE TRUTH AND SHAME THE
DEVIL. >>SPECIAL MAGISTRATE: YOU NEED TO BE QUIET, SON. YOU NEED TO BE QUIET.
YOU HAVE THE RIGHT TO REMAIN SILENT, OKAY.
MISS JACKSON-LOWE, DO YOU HAVE ANYTHING ELSE TO SAY?
>> I JUST WILL BE GLAD WHEN ALL OF THIS IS OVER AND HE GOES
[02:30:04]
ABOUT HIS BUSINESS. BECAUSE HE DOESN'T HAVE THE MONEY TO PAY FOR THE DAMAGES HE HAS DONE UP IN THERE.HE DOESN'T HAVE THE MONEY TO REPLACE WHAT HE WENT AND FORGED AND -- AND WENT AND SOLD HER PROPERTY AND STUFF AND HER
SIGNATURE ON GOD KNOWS WHAT. >>SPECIAL MAGISTRATE: YOU HAVE ONE MORE THING AND I WILL HAVE THAT OFFICER OUT THERE SAY REST
YOU. >> IT IS NOT SUPPOSED TO BE A DOG ON THE PREMISE. PERIOD.
YET THIS MAN COME TO THE HOUSE -- HE CAN'T EVEN COME IN.
GOD FORBID YOUR ANIMAL BITES SOME SOMEBODY. THERE IS SPECIAL INSURANCE FOR THAT. IF YOU DID IT THE RIGHT WAY, YOU
WOULD HAVE KNOWN THAT. >>SPECIAL MAGISTRATE: ALL RIGHT, MISS JACKSON-LOWE, I WILL GO AHEAD AND MAKE MY RULING.
>> YES, MA'AM. HOW DO I OBTAIN MY COPY OF THIS.
>>SPECIAL MAGISTRATE: HOLD ON. WE ARE GOING TO WORK WITH YOU.
>> YES, MA'AM. WE ARE NOT ASKING FOR A VIOLATION AT THIS TIME. WE ARE ASKING TO RESET FOR 30
DAYS. >>SPECIAL MAGISTRATE: RESET THIS
FOR 30 DAYS. >> OR THE AUGUST HEARING.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: MAKE SURE HE IS OUT OF THERE. THAT IF THAT IS NOT WHAT I CAN DO HERE, BUT A DEPUTY OUT THERE, TWO OF THEM, THAT WILL MAKE THEM AWARE OF WHAT WENT ON IN HERE THIS MORNING WITH THIS CASE.
A AND, YOU HAVE TIME -- MR. CLARK.
I AM GOING TO TELL YOU -- CERTAIN THINGS I CAN DO.
WE WILL CONTINUE THE CASE, BUT IF YOU WERE, I WOULD CAN OUT OF OF THERE IN TEN DAYS. YOU HAVE NO RIGHT TO GO IN AND GET -- TAKE SOMEBODY'S PROPERTY OVER LIKE THAT.
DO YOU KNOW HOW HARD PEOPLE WORKING TO PAY FOR PROPERTY? TAXES? INSURANCE? UPKEEP? AND YOU IN THERE AND TAKE OVER?
AND BRING IN DOGS? >>SPECIAL MAGISTRATE: I AM TELLING YOU DO NOT SAY NOTHING. MISS JACKSON-LOWE.
I AM GOING TO END THIS UNLESS THE STATE HAS SOMETHING TO SAY.
>> NO LONGER STATE, BUT CITY. >>SPECIAL MAGISTRATE: I AM
SORRY. >> YES, MA'AM, WE HAVE NOTHING
FURTHER, NO MA'AM. >>SPECIAL MAGISTRATE: CALL THE NEXT CASE. YOU BETTER BE OUT COUNTRY THERE, BECAUSE IF YOU WERE NOT, I WILL TELL HOW WILL BE -- ARE WE ON THE RECORD? TURN THIS OFF FOR A MINUTE.
>> HE SAYS HE HAS BEEN RENOVATING.
I TOLD HER I WAS DOING IT RIGHT. AND HAD TO GET TO --
. >>SPECIAL MAGISTRATE: CAN YOU BELIEVE THAT. IS THAT REAL?
>> FROM WHAT HE WAS SAYING, I SUSPECTED THERE WAS AN ISSUE.
>>SPECIAL MAGISTRATE: HELP ME. YEAH.
YOU -- YOU MOVE INTO SOMEBODY'S HOUSE.
I -- I JUST -- I JUST COULDN'T IMAGINE SOMEBODY MOVE INTO MY LITTLE HOUSE. ARE WE ON THE RECORD?
>>SPECIAL MAGISTRATE: OKAY, NEXT CASE NEXT CASE, 5 -F, 23-917, 738 DELAWARE AVENUE. JEAN VAN WINKLE IS THE OWNER AND IT IS A CALL-IN CASE.
>> HELLO? >> HI, I AM CALLING FOR JEAN VAN
WINKLE. >> YES, SHE IS RIGHT WITH ME
[02:35:03]
MISS VAN WINKLE, CAN YOU HEAR ME?>> SHE IS IN -- WE ARE I IN SAV-A-LOT.
SO -- SHE IS CHECKING OUT RIGHT NOW.
IS THIS FOR THE HEARING? >> YES, YES, IT IS.
>> OKAY. WE ARE LIKE A BLOCK DOWN FROM THE HOUSE. YOU CAN TALK TO HER WHEN WE GET
IN THE CAR, OKAY. >> SHOULD WE DO A DIFFERENT
CASE? >> WHAT WE WILL DO IS CALL YOU
BACK. >> WE WILL CALL YOU BACK.
>> MAKE SURE WHEN WE CALL YOU BACK, YOU ARE AVAILABLE BECAUSE WE -- WE ARE NOT -- I AM TRYING TO SAY THIS AS POLITELY AS POSSIBLE. YOU WERE SCHEDULED FOR 9 A.M.
YOU SHOULD BE AVAILABLE FOR 9 A.M. UNTIL YOU CALLED.
>> THEY TOLD ME 20911. AND NEEDED A FEW GROCERIES.
I AM HER EARS. SHE CAN'T HEAR VERY WELL.
>> WE WILL CALL YOU BACK. HOW LONG DO YOU THINK IT WILL
TAKE YOU TO WHERE YOU ARE GOING. >> FIVE MINUTES.
>> WE WILL CALL BACK IN MORE THAN FIVE MINUTES.
[D. 23-884 710 Beach Court Pelick-Jones, Rosemarie Frank Remling]
WE WILL DO CASE 5-D. CASE NUMBER 23-884, 710 BEACH COURT, ROSE MARIE PALICK-JONES IS THE OWNER.>> THIS IS JUST -- NO ONE SHOWED?
>> RIGHT, NO ONE IS PRESENT FOR THIS.
>> CASE NUMBER 23-884, 710 BEACH COURT.
THE CASE INITIATED MARCH 27, 2023.
OWNER IS ROSEMARIE PELICK JONES, 710 BEACH COURT, FORT PIERCE, FLORIDA, 34950. AND VIOLATION IS FBC 10512020, PERMIT REQUIRED. CORRECTIVE ACTION OBTAIN A PERMIT FOR A SEWER PIPE REPLACED WITHOUT A PERMIT.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATION BE GIVEN 60 DAYS TO OBTAIN A PERMIT OBTAIN APPROVAL FOR REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED COMPLY WITH ALL OTHER PERMIT CONDITIONS. AND VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY TO BE
ASSESSED. >> I HAVE PICTURES OF A SEWER INSTALLED WITHOUT A PERMIT. AND NO CONTRACT TO THE OWNER.
>> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT IT AS YOU
AND THE JOB WAS DONE WITHOUT A PERMIT.
AND IT WAS COVERED UP WITHOUT ANY INSPECTIONS.
THAT IS WHAT THIS PICTURE SHOWS. JUST SHOWS, YOU KNOW, SOME DIRT.
>> DO YOU HAVE YOUR PAPER CLIPPED COPY?
>> NO, THAT IS THE ONE I AM STUCK WITH.
>> WE WILL MOVE AS COMPOSITE EXHIBIT 1.
AND I WILL GO AHEAD AND MOVE THOSE IN.
>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
YOU DON'T HAVE YOUR PAPER CLIPS WITH YOU TODAY?
>> THEY ARE IN ANOTHER DRAWER. >>SPECIAL MAGISTRATE: OKAY.
>> MR. RECOMMEMLING IF YOU CAN WHERE THAT WAS INSTALLED.
>> YOU CAN SEE WHERE THE DIRT WAS INSTALLED.
YOU CAN SEE THE PIPE COMING UP, AND THE CLEAN UP AND CLEAN OUT AT THE STREET AND ALL THE FRESH DIRT THAT WAS TORN UP.
THEY HAD LOCATES. ALL THOSE FLAGS.
YOU DON'T PUT THOSE FLAGS DOWN UNLESS YOU DO DIGGING.
AND I THINK THE PLUMBER CALLED AND SAID THAT HE DIDN'T KNOW HE NEEDED A PERMIT TO CHANGE ORANGEBURG PIPE.
ORANGEBURG IS A SPECIFIC KIND OF PIPE THAT WENT BAD IN THE 1950S.
THAT IS WHAT THE PLUMMER SAID HE DID DO THE WOULD, THERE.
HE DIDN'T KNOW HE NEEDED A PERMIT TO CHANGE THE ORANGEBURG
OUT. >>SPECIAL MAGISTRATE: ANYTHING
>>SPECIAL MAGISTRATE: I AM SORRY.
ALL RIGHT ROSEMARIE PELICK-JONES IS NOT HERE FOR A REPRESENT I HAVE IT ON HER BEHALF. BASED ON THE EVIDENCE AND TESTIMONY PRESENTED THAT SHE IS THE RESPONSIBLE PARTY FOR IT.
I WILL GIVE HER 60 DAYS TO OBTAIN A PERMIT, APPROVAL FOR ALL REQUIRED INSPECTIONS, 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED. COMP
[02:40:02]
COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL THE OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OREGON A FINE OF $100 PER DAY WILL BE ASSESSED.SHE HAS 30 DAYS TO APPEAL THIS SITUATION.
>> THE ONLY OTHER CASES ARE A MASSEY WHERE THERE WAS A NO SHOW AND A -- A LIEN REDUCTION WHERE THERE WAS A NO SHOW.
AND THEN THE CALL IN CASE. >>SPECIAL MAGISTRATE: LET'S DO THOSE AND THEN WE WILL DO THE CALL-IN LAST.
>> DO WE READ THE MASSEY WHEN THEY DON'T --
[D. 22-847 1237 Grose Road KR Jem Plant LLC Logan Winn]
>> SO -- WHICH ONE IS THE MASSEY.
>> 6-D, 22-847, 1237 GROSE ROAD. >> MR. COSS, WHAT IS THE STATUS?
ARE FINES RUNNING? >> THE FINES
[F. 23-917 738 Delaware Ave Van Winkle, Jean Logan Winn]
[A. 14-2183 1001 Ave I Drummond, Kenneth Shaun Coss]
[02:47:37]
>> A TO MAKE SURE SHE UNDERSTANDS WHAT WE ARE DOING.
>> I THINK WE ARE GOING TO TAKE IT DOWN AND -- HAVE -- SOME OF THEM IS -- SOME OF THEM HAVE DECIDED THAT THEY DIDN'T WANT TO DO IT BECAUSE IT ISN'T -- IT ISN'T AN EASY JOB.
TREES THAT ARE MIXED INTO IT. >> IT WILL COST $25,000.
>>SPECIAL MAGISTRATE: HEY, LET MR. WINN TELL YOU WHAT THE
VIOLATIONS ARE. >> FOR CASE NUMBER 23-197 OF 738 I DID DE-AVENUE, THE CASE WAS INITIATED MARCH 30, 2023 THE OWNER IS JEAN VAN WINKLE OF 738 DELAWARE AVENUE, FORT PIERCE, FLORIDA. THERE ARE MULTIPLE VIOLATIONS ON THE PROPERTY AND I WILL SUMMARIZE THE CORRECTIVE ACTIONS THAT NEED TO OCCUR. A PERMIT TO REPAIR OR REPLACE ALL FIRE-DAMAGED WIRING, ELECTRICAL FIXTURES, DRY WALLS, SOFFIT AND FASCIA. ANY STRUCTURAL DAMAGE WILL REQUIRE A SIGNED AND SEALED REPAIR PLAN DESIGNED BY A
REGISTERED DESIGN PROFESSIONAL. >> THE DEMOLITION GUY ARE READY TO DRAW THE PERMITS. WE ALREADY GOT -- WE HAVE ESTIMATES. WE ARE READY TO PULL ALL THE
PERMITS. >>SPECIAL MAGISTRATE: SIR, HELLO, STATE YOUR NAME FOR THE RECORD.
THE PERSON THAT IS SPEAKING NOW. >> THIS IS -- I AM HER FRIEND.
MY NAME IS MIKE EMER. AND I GOT THREE ESTIMATES FROM DEMOLITION COMPANIES AND JUST YESTERDAY I TALKED TO THEM.
AND THEY ARE READY TO DRAW THE PERMITS.
BUT THE INSURANCE CHECK -- SHE JUST GOT THE DEPOSIT TWO DAYS AGO. SO NOW -- SO THIS IS $25,000 REMOVAL. THIS WHOLE BUILDING IS GETTING DEMOLITIONED OUT OF HERE. THEY ARE READY TO PULL THE PERMITS AS SOON AS WE GET THEM SIGNED UP IN THE NEXT DAY OR SO.
MANAGE MAGISTRATE OKAY. THANK YOU.
>> YOU ARE WELCOME. >>SPECIAL MAGISTRATE: MR. WINN,
CONTINUE. >> THE RECOMMENDATION FROM THE
[02:50:02]
CITY IS THE CITY REQUESTED THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST, THE VIOLATORS BE GIVEN 60 DAYS TO OBTAIN A PERMIT. REQUIRE APPROVAL FOR ALL REQUIRED INSPECTION AT LEAST 180 DAYS UNTIL THE PERMIT IS CLOSED.APPLY FOR ALL OTHER PERMIT CONDITIONS AND ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING A PERMIT OR A FINE OF $1 MOUNTAIN PER DAY BE ASSE ASSESSED -- 100 A DAY TO BE ASSESSED.
>> I HEARD IT. >> THESE GUYS SAY THEY KNOW EXACTLY WHAT TO DO. WHAT PERMITS TO DRAW.
THEY KNOW TO CALL FOR YOUR INSPECTIONS.
THEY KNOW EVERYTHING. WE CAN'T HANDLE THIS JOB.
THIS HAS TO BE DONE BY A PROFESSIONAL.
THIS A HUGE JOB. >>SPECIAL MAGISTRATE: THAT IS CORRECTED. MOST HOUSE RENOVATIONS REQUIRE, YOU KNOW, PEOPLE THAT ARE LICENSED IN A PARTICULAR FIELD.
>> YEAH. THIS IS A TOTAL DEMOLITION OF A
TWO-STORY BUILDING. >>SPECIAL MAGISTRATE: ALL RIGHT.
SO WHEN ARE THEY COMING OUT TO START.
>> AS SOON AS WE SIGN THE CONTRACT WITH THEM.
>>SPECIAL MAGISTRATE: OKAY. WHEN DID YOU EXPECT THAT TO
HAPPEN? >> HECK, WE WILL START TOMORROW AND GET THEM UP HERE. WE ARE READY TO GO NOW THAT --
>>SPECIAL MAGISTRATE: SIR, HOLD ON.
HOLD ON. THE CITY ATTORNEY HAS A
QUESTION. >> MR. COSS AND I HAVE BEEN WHISPERING WITH EACH OTHER. I THINK STAFF IS FINE CONTINUING THIS TO YOUR AUGUST HEARING DATE AND SEEING WHERE THEY ARE IN AUGUST. IS THAT CORRECT, MR. COSS?
>> THAT'S CORRECT. >>SPECIAL MAGISTRATE: DID YOU
HEAR THAT? >> SOMETHING ABOUT AN AUGUST
HEARING DATE. >>SPECIAL MAGISTRATE: WE WANT TO CONTINUE BY AUGUST. BY THEN YOU SHOULD HAVE ALL THE
DUCKS IN A ROW. >> I WILL CALL YOU WITHIN THE NEXT COUPLE OF DAYS AS SOON AS I GET IT, IF YOU WOULD LIKE.
>>SPECIAL MAGISTRATE: THAT IS FINE.
WE WILL JUST CONTINUE THIS SO YOU CAN GET EVERYTHING LINED UP
AND WE WILL PROCEED FROM THERE. >> THAT IS A ABSOLUTELY AWESOME.
IT WILL BE TAKEN CARE OF 100%. >> THANK YOU.
THAT -- THAT IS GREAT. >>SPECIAL MAGISTRATE: ALL RIGHT.
>> OKAY. SO WHAT DO WE -- WHAT DO WE DO?
>> WE NEED TO GO -- >>SPECIAL MAGISTRATE: HOLD ON.
MISS BECK, YOU WANT TO TELL HER WHEN THE NEXT DATE IS?
>> THE NEXT HEARING DATE IS AUGUST 15, BUT IF YOU GET THE PERMIT BEFORE THEN, YOU WILL NOT HAVE TO ATTEND THAT.
>> THAT IS AWESOME. THANK YOU.
THAT WAS AUGUST WHAT? >> 15TH.
>> OKAY. >> IT WILL BE DONE IN JULY.
>>SPECIAL MAGISTRATE: YOU ARE WELCOME.
>> GOOD LUCK, THANK YOU. >> THANK YOU VERY MUCH.
>> THANK YOU VERY MUCH. THANK YOU.
>> IS THAT OUR LAST ONE? >>SPECIAL MAGISTRATE: DO WE HAVE
TO READ IN ANYTHING OR THAT ONE. >> JUST NOTICE.
>>SPECIAL MAGISTRATE: HOW WERE THEY NOTIFIED.
>> CASES REQUIRING NOTICE FOR STATE STATUTE 162.12.
NOTICE OF HEARING SENT TO THE VIOLATOR CERTIFIED MAIL THAT THE GREEN CARD WILL BE PLACED IN THE FILE.
AND UNSIGNED OR UNCLAIMED. AN AFFIDAVIT OF UNMAILING WITH A NOTICE OF HEARING ENCLOSED IS MAILED TO THE VIOLATOR.
TEN DAYS BEFORE THE HEARING A NOTICE OF HEARING IS SENT REGULAR U.S. MAIL WITH AN AFFIDAVIT OF MAILING ATTACHED.
COPIES OF ALL DOCUMENTS ARE PLACED ON THE OFFICE FILE.
TEN DAYS BEFORE THE HEARING, A NOTICE OF HEARING IS POSTED ON THE PULL TIN BOARD IN THE LOBBY OF CITY HALL.
A NOTICE OF HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.
AT THE CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, POST SOMETHING COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED UNCLAIMED.
* This transcript was compiled from uncorrected Closed Captioning.