[1. CALL TO ORDER]
[00:00:05]
STAND BY FOR REALTIME CAPTIONING.
>> GOOD MORNING, I'M A SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARINGS. YOU ARE HERE BECAUSE YOU RECEIVED A NOTICE THAT YOUR PROPERTY WAS IN VIOLATION OF A CERTAIN ORDINANCE AND YOU WERE GIVEN TIME TO CORRECT THAT.
FOR THOSE OF YOU WHO WANT TO BE HEARD, I'LL GIVE YOU TIME.
SOME OF YOU ARE HERE FOR PARKING CITATIONS.
I WILL EXPLAIN THAT ALL OF YOU HAVE THE RIGHT TO BE HEARD AND I WILL HEAR EACH CASE, BUT IF YOU HAVE A PARKING CITATION AND YOU ARE FOUND GUILTY OF IT, YOU ARE GOING TO BE FIND ADDITIONAL MONEY. BEAR THAT IN MIND, WHETHER OR NOT YOU HAD THE VIOLATION. EVERYTHING IS BEING TELEVISED, SO IF SOMEBODY SAYS THEY SAW YOU ON THE LOCAL TV STATION, THAT'S BECAUSE THIS IS TELEVISED. DOES ANYBODY NEED AN INTERPRETER? ONE IN OKAY.
ALL RIGHT. SO IF YOU DON'T MIND, WOULD YOU 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. >> PLEASE REMAIN STANDING SO YOU
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
CAN BE SWORN IN. >> PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> THANK YOU. >> MADAM CHAIRMAN, CALL THE
FIRST CASE. >> WE'RE GOING TO START WITH THE CASES IN COMPLIANCE, RESCHEDULED.
FIRST CAME, RUFO. RESCHEDULED.
[A. 23-2035 606 N 29th St. Goodwill Presbyterian Church Jenifer Crespo-Martinez]
[00:05:51]
OUR FIRST CASE TODAY IS GOING TO BE CASE 23-2035, 6,069TH STREET, GOODWILL, PRESBYTERIAN CHURCH.>> SPECIAL MAGISTRATE, GOOD MORNING.
>> GOOD MORNING. YOU GUYS CAN COME TO THE PODIUM WHEN YOU'RE READY. YES, MA'AM.
>> SPECIAL MAGISTRATE, THIS IS A FALSE ALARM APPEAL THAT'S BEING PRESENTED TODAY FOR YOU. MISS JENNIFER IS GOING TO DO THE
PRESENTATION. >> GOOD MORNING.
>> GOOD MORNING. >> THIS IS 606 NORTH 29TH STREET, OPERATED BY GOODWILL PRESBYTERIAN CHURCH FOR EXCESSIVE FALSE ALARMS. THE FIRST ONE, THE FEE IS WAIVED AND THE SECOND ONE OCCURRED ON SEPTEMBER 5TH, 2022, STAR ZONE 19, MOTION, THE FINE WAS 100-DOLLAR.
THE THIRD OCCURRED ON SEPTEMBER 16TH, 2022, ZONING 19 MOTION, FINE 100-DOLLAR. THE FOURTH WAS SEPTEMBER 18TH, 2022, ZONE 19 SHOWED MOTION, FIND 200-DOLLAR.
THE FIFTH WAS SEPTEMBER 25TH, 2022.
ZONE 19 SHOWED MOTION, 400-DOLLAR.
THE 6TH WAS OCTOBER 23RD, 2022, NORTH DOOR, 500-DOLLAR.
THE 7TH WAS NOVEMBER 9TH, 2022, ZONE 19 SHOWED MOTION FOR 500-DOLLAR. THE 8TH WAS NOVEMBER 21ST, ZONE 19, SHOWED MOTION FOR 500-DOLLAR.
THE 9TH WAS DECEMBER 15TH, 2022, ZONE 19, SHOWED MOTION, 500-DOLLAR. THE 10TH WAS DECEMBER 29TH, 2022, ZONE 15, DINING ROOM DOOR FOR 500-DOLLAR.
FOR A TOTAL OF 3,300-DOLLAR. I ALSO WANTED TO LET YOU KNOW, WE DID A GRANT, THE APPEAL FOR INVOICES, 52002 FOR 500-DOLLAR.
5901 FOR 500-DOLLAR AND TOTALING 1,500-DOLLAR.
SO IT WAS REDUCED BY THAT AMOUNT.
I ALSO HAVE THE ALARM APPEAL LETTER SENT IN TO A THIRD PARTY
ALARM ADMINISTRATOR. >> ANYTHING ELSE?
>> AND YOU'VE BEEN SWORN? >> YES.
>> STATE YOUR NAME FOR THE RECORD.
>> MY NAME IS EILEEN CLARK AND I AM THE CLERK OF GOODWILL PRESBYTERIAN CHURCH. WE ARE NOT DISPUTING YOUR COMPUTER READOUT OF THE CALLS, BUT WE ARE -- I DID SEND IN AN APPEAL AND EXPLAINED THE SITUATION WHICH WAS GOING ON IN OUR CHURCH. OUR COMPUTER WAS DOWN, WE WERE BEING EMAILED TO THE COMPUTER AND WHEN WE FOUND OUT THAT THIS WAS HAPPENING, I DID CONTACT -- HOW I DID CONTACT, I WAS CONTACTED, FROM THE OFFICE OF THE PRESBYTERIAN CHURCH USA.
I RECEIVED A TELEPHONE CALL TO SAY THAT WE WERE IN COLLECTION, AND I HAD BEEN TRYING TO COMMUNICATE WITH THE PROGRAM.
IN ESSENCE, I DID CALL AND SHE TOLD ME WHAT THE YOUNG LADY WITH THE COLLECTION SERVICE TOLD ME WHAT WAS GOING ON.
[00:10:02]
AND SO I DID CONTACT THEM. THEM, YOUR SERVICE, AND WE TALKED ABOUT THE SITUATION, AND SO HERE I AM NOW WITH MY APPEAL WHEN I DID SEND IN, I DID WRITE AN APPEAL TO THE PROGRAM. I DON'T KNOW IF YOU HAVE A COPY>> I DID STATE THE SITUATION IN WHICH WE GET TO THIS POINT.
NOW, I KNOW THAT YOU'RE GOING BACK TO 2022.
AND I'M QUITE SURE THAT YOUR RECORDS DO SHOW THAT THE CALLS BEFORE THEN WERE BEING PAID, RIGHT? SO IT WAS NOT THAT WE WERE BEING NEGLIGENT AND NOT PAYING OUR FEES, BUT THEN YOU GO UP TO 500-DOLLAR, WHEN YOU HAVE THESE EXCESSIVE CALLS FOR US TO COME TO THE CHURCH, AND I DID TALK TO ABT. AND THEN YOU WERE CHARGING US 500-DOLLAR. WE ARE A SMALL CHURCH OF 20 MEMBERS, BUT WE PAY OUR DUES AND WE PAY FEES, AND SO I'M COMING, YOU'RE BILLING US FOR 3,700-DOLLAR.
AND IT'S NO WAY THAT IT'S REALLY A BURDEN FOR US TO PAY 3,700-DOLLAR. AND I'M ASKING THE COURT TO REDUCE THE AMOUNT THAT WE HAVE TO PAY.
AND IF YOU WOULD LIKE FOR ME TO GIVE YOU A FIGURE THAT WE COULD
PAY READILY TODAY, $2,000. >> STAFF WOULD BE AGREEABLE TO THAT REDUCED AMOUNT BECAUSE WAS THERE ANY ADDITIONAL ALARMS AFTER THE ONE IN DECEMBER THAT YOU'RE AWARE OF?
>> I'M NOT AWARE OF ANY, NO. >> WE DID NOT HAVE ANY FURTHER ALARMS. I DID TALK TO ERIC, WHOEVER THAT IS, AND WE DISCUSSED THE SITUATION AT MY CHURCH.
BUT WE'RE A VERY SMALL CHURCH, AND IF YOU LOOK AT OUR RECORD, WE HAVE PAID EVERYTHING THAT WE HAVE BEEN ASSESSED.
SO IF WE CAN READILY THIS MORNING, WE'RE READY TO PAY THE $2,000, SO IF YOU TELL ME WHERE TO GO, I WILL PAY IT, AND IF YOU
AGREE WITH THE COURT. >> I WILL AGREE WITH THE STIPULATION BETWEEN THE PARTIES AND REDUCE THE FINE TO $2,000.
>> MAGISTRATE, THE PROCESS IS WE WILL DRAFT THE ORDER INTO WRITING, AND WE HAVE TO RETURN THAT ORDER TO CRY WOLF, WHICH IS THE THIRD PARTY AND THEY WILL SEND AN UPDATED INVOICE OF THAT
AMOUNT TO YOU. >> SO THEY WILL SEND IT TO THE CHURCH, OR -- THIS IS THE PROBLEM --
>> WHAT WE'LL DO, WHEN THE SPECIAL MAGISTRATE SAYS THAT WE'RE DONE HERE, MISS JENNIFER WILL GO OUTSIDE WITH YOU AND WE'LL HAVE THE PROPER ADDRESS FOR CRY WOLF AND WE'LL MAKE SURE THAT ALL OF THE DETAILS ARE CORRECT.
>> THANK YOU VERY MUCH. >> THANK YOU FOR COMING, THE FIRST CASE THAT I WANTED TO DO THIS MORNING WAS NOT ONE THAT
WAS INVOLVED WITH A CHURCH. >> HOPEFULLY IT WILL MAKE YOUR DAY VERY GOOD. THANK YOU SO MUCH.
>> THANK YOU, MISS CLARK. >>> OUR NEXT CASE, 22-278,
[A. 22-3378 CE 2002 Orange Avenue Knight Universal INC Heather Debevec]
UNIVERSAL, INC.. >> SPECIAL MAGISTRATE, THIS IS A STAFF INITIATED REQUEST. SEVERAL MONTHS AGO, WE BROUGHT THIS BEFORE YOU AND YOU ISSUED A VIOLATION, AND YOU WENT THROUGH THE PROBS OF HAVING FINES ACCUMULATE FOR OUTSIDE COMMERCIAL STORAGE, AND THE OTHERS WERE ALL COMPLIED.
WHEN YOU HAD THE CHANCE TO REVIEW THE FILE BECAUSE THE FINES WERE RUNNING, I IDENTIFIED THAT.
SO HE HAS A TAX RECEIPT FOR AN AUTO REPAIR BUSINESS, WHICH OF COURSE MEANS THAT THE VEHICLES ARE A ARE NOT OPERABLE AND THEY GO HAND-IN-HAND. AND THE HE IS EXEMPT FROM THAT ORDINANCE BECAUSE HE HAS THE PROPER BUSINESS TAX RECEIPTS.
SO WHAT STAFF IS ASKING, THAT YOU WOULD VACANT THE ORDER THAT YOU ISSUED AND ALL SUBSEQUENT ACTIONS FOLLOWING.
[00:15:02]
>> AND YOUR NAME, SIR? >> JASON KNIGHT.
>> ALL RIGHT, BASED ON THE RECOMMENDATIONS OF THE CITY, I
WILL VACANT THAT ORDER. >> THANK YOU VERY MUCH, MA'AM.
>> THANK YOU FOR COMING. >> THANK YOU.
[A. 23-1488CE 1909 Avenue P Ervin E McMillian, Kathy M Thompson, Bobby McMillan Charmaine Kirkland]
>> OUR NEXT CASE, 23-48 AVENUE P, IRVIN E. MCMILNE, CONTACTEE
E. THOMPSON AND BOBBY MCMILNE. >> GOOD MORNING.
>> GOOD MORNING. >> WHEN YOU'RE READY.
>> 23-14-88 AT THE 1909 AVENUE P, CASE INITIATED IN 2023.
VIOLATER, MCMILNE. VIOLATION SECTION 125-322 SECTION B5, FENCE MAINSTREAM PERMIT REQUIRED.
THE OTHER SECTION, 125-3008, WAS CORRECTED ON JULY 18TH, 2023, CORRECTIVE ACTIONS WERE REMOVED FOR PERMITTING FOR FENCE INSTALLED IN FRONT OF HOME. IF YOU HAVE ANY QUESTIONS, CALL.
AND REQUEST SPECIAL MAGISTRATE, FINE EXISTS, AND THE VIOLATION WILL BE GIVEN FIVE DAYS TO COMPLY OR THE FINE OF 500-DOLLAR. IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME, TAKE THE NECESSARY STEP TO REMEDY THE OF VIOLATIONS. SPECIAL ASSESSMENT.
I DO HAVE THE TIME OF DAY OF THE VIOLATION.
>> SPECIAL MAGISTRATE, JUST FOR THE RECORD, THE RESPONDENT IS
NOT PRESENT TODAY. >> I'M SORRY, I WILL TAKE NOTE OF THAT. ALL RIGHT.
ALL RIGHT, THE RESPONDENT IS NOT HERE THIS MORNING, HOWEVER BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED, I FIND A VIOLATION EXISTS. IN REFERENCE TO THE AREA.
THE VIOLATION EXISTED AND IT HAS BEEN CURED AS OF TODAY'S DATE.
BUT THE PERMIT HAS NOT BEEN APPLIED FOR?
>> NO, MA'AM. >> I DO FIND THERE'S A VIOLATION. AND HE NEEDS -- I'LL GIVE THEM TEN DAYS TO COMPLY OR FINE OF 1,700-DOLLAR.
IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME BEGIN, THE CITY IS TO TAKE THE NECESSARY STEPS TO REMEDY THE VIOLATION, WITH THE SPECIAL ASSESSMENT LIEN AGAINST THE PROPERTY. 30 DAYS TO APPEAL.
[C. 23-1685 CE 601 N 18th St All Around Town LLC Charmaine Kirkland]
>> THANK YOU, NEXT CASE IS 23-1685, 601 NORTH 18TH STREET.
ALL AROUND TOWN LLC. >> WHEN YOU'RE READY.
>> CASE NUMBER 23-1685, WHICH 601 18TH STREET, ALL AROUND TOWN LLC. THE REGISTERED AGENT IS ALEXIS DOWNING, VIOLATION -- CASE INITIATED IN 2023, VIOLATION, LANDSCAPE MAINSTREAM CORRECTIVE ACTION, ALL OVER GROWN BRUSHES AND TREE SHRUBS AND GRASS. THE CITY REQUESTS THAT THE VIOLATION EXISTS THE VITALLER HAS BEEN GIVEN FIVE
[00:20:05]
DAYS. AND IF NOT, TAKING THE NECESSARY STEPS TO REMEDY THE VIOLATION, THE COST TO BE ASSESSED AS A SPECIAL ASSESSMENT LIEN AGAINST THE PROPERTY.I SPOKE WITH THE OWNER AND THEY SAID THAT SOMEONE IS GOING TO COME OUT TODAY AND CURE THE VIOLATION.
>> YES, MA'AM, WE HAVE PHOTOS TO SUBMIT.
SPECIAL MAGISTRATE, WE MOVE TO THE CITY NUMBER ONE.
>> IT WILL BE ADMITTED AS SUCH. THANK YOU.
>> ALEXIS DOWNEY. >> AND YOU ARE THE AGENT, OWNER
>> HOW DO YOU RESPOND TO THE ALLEGATIONS?
>> I WASN'T THE OWNER -- THE TENANT WAS THERE, AND I WAS GOING TO TAKE THE MATTER INTO MY HANDS AND GET IT DONE TODAY,
WHICH THEY'RE ALREADY DONE NOW. >> HOW OFTEN DO YOU CHECK THE
HOW DID YOU GET THE COMPLAINT, BIS KIRKLAND?
>> THE COMPLAINT IS IN MY ZONE. >> AND YOU SAW IT WHEN YOU WERE WORKING? I ALWAYS HAVE A PROBLEM WITH THESE CASES. PEOPLE BUY PROPERTY HERE, THEY DON'T CHECK ON IT. IT'S NOT MAINTAINED.
MISS KIRKLAND, SAW IT TRAVELING IN HER ZONE.
I'M PRETTY SURE THE NEIGHBORS DIDN'T LIKE IT.
YOU HAVE TO CHECK YOUR PROPERTY. DID YOU SAY THAT SOMEBODY IS
>> HOW DO YOU KNOW THAT? >> BECAUSE HE FOLLOWED ME HERE, HE WENT STRAIGHT TO THE PROPERTY.
>> HOW LONG HAVE YOU OWNED THE PROPERTY?
>> LIKE FIVE YEARS OR LONGER. >> AND DID YOU EVER CHECK ON
IT? >> YES, BLUE IT HAD BEEN A
WHILE. >> ALL RIGHT, ANYTHING FURTHER
>> I'M GOING TO FIND THAT A VIOLATION EXISTS.
AND YOU SAID THEY'RE CLEANING IT TODAY, SO I'M GIVING YOU FIVE DAYS TO COMPLY OR A FINE OF 500-DOLLAR.
IF IT'S NOT CORRECTED WITHIN THE TIME, THAT THE CITY HAS TO TAKE THE NECESSARY STEPS TO REMEDY THE VIOLATION FOR AN ASSESSMENT AGAINST THE PROPERTY. YOU HAVE TO CHECK ON YOUR PROPERTY. YOU HAVE TO.
A GUY, A GIRL, IF THEY DO IT TODAY, THEN NONE OF THIS WILL --
[00:25:02]
IT WILL BE ON THE RENTER, BUT YOU DON'T HAVE TO WORRY ABOUT PAYING A FINE. CHECK ON YOUR PROPERTY.>> I WILL, THANK YOU. >> 30 DAYS TO APPEAL MY
[D. 23-1340 STR 2827 S Indian River Drive 2827 S INDIAN RIVER DR LLC Heather Debevec]
DECISION, GOOD LUCK TO YOU. >> THANK YOU.
>> YOU'RE WELCOME. >> OUR NEXT CASE, 23-1340, 2837 SOUTH INDIAN RIVER DRIVE. 2827 SOUTH INDIAN RIVER DRIVE
>> GOOD MORNING, SPECIAL MAGISTRATE.
THIS IS CASE NUMBER 23/13/1340, INDIAN RIVER DRIVE LLC.
CASE WAS INITIATED ON MAY 12TH OF THIS YEAR.
IT WAS FOR SECTION 22-19A IMPOSED, ENFORCEMENT.
22-06 REGISTRATION AND REQUIREMENTS.
IT IS REQUESTED THAT THEY OBTAIN A BUSINESS TAX RECEIPT FOR THE SHORT-TERM RENTAL PROPERTY AND REGISTER WITH THE CITY CLERK'S OFFICE OR CEASE ALL SHORT-TERM RENTAL AND REMOVE ALL ADS IMMEDIATELY. THE CITY IS REQUESTING THAT A FINE OF $5,000 BE ASSESSED AND AN IMMEDIATE DESIST ORDER FOR FUTURE RENTALS BE TERMINATED IMMEDIATELY.
AND ALL ADS ARE TO BE REMOVED AND CANCELLATIONS BE PROVIDED.
SHOULD THE OWNER FAIL TO COMPLY WITH THE SPECIAL MAGISTRATE'S ORDER, UTILITIES WILL BE SUSPENDED WHILE THE VIOLATION EXISTS. I DO HAVE COPIES OF THE ADS IN WHICH TO PRESENT, ALONG WITH AN AFFIDAVIT FROM THE CITY CLERK'S OFFICE, SHOWING THAT THERE IS NOT A BUSINESS TAX RECEIPT AT THIS TIME. AND THAT PACKET GOES FROM THE BEGINNING OF THE CASE TOWARDS YESTERDAY WAS THE LAST.
>> SPECIAL MAGISTRATE, AGAIN JUST FOR THE RECORD, THE RESPONDENT IS NOT PRESENT TODAY, AND I KNOW THAT WE HAVE A FEW INTERESTED PARTIES IN THE AUDIENCE, THE NEIGHBORS OF THIS PROPERTY. BUT THE ACTUAL OWNER IS NOT HERE
AND YOU SAY THAT THE NEIGHBOR IS HERE?
>> YES, MA'AM. >> IF YOU ALL ARE PRESENT, IF YOU WANT TO SPEAK, YOU CAN COME UP.
YOU DON'T HAVE TO, BUT YOU'RE FREE TO SPEAK.
>> HI, I'M GOING TO GO AHEAD AND SWEAR YOU IN.
PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> LAURA STANTON. >> DO YOU SWEAR THAT THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH?
>> TELL ME WHAT YOU WOULD LIKE TO SAY.
>> THE HOUSE SOLD, WAS A FOUR-BEDROOM HOUSE.
BUT IT'S NOW A 10 BEDROOM HOUSE. SO IT HAS BECOME KIND OF A PARTY HOUSE AS THEY'RE RENTING IT OUT. NT EVERY TENANT OR GUEST IS A PROBLEM. BUT THERE OF BEEN PARKING
ISSUES, NOISE ISSUES. >> HOW LONG HAVE YOU LIVED IN
THE NEIGHBORHOOD? >> ALMOST 20 YEARS.
>> SPECIAL MAGISTRATE, THE CITY RECENTLY ADOPTED A NEW SET OF RULES FOR SHORT-TERM VACATION RENTALS AND THE PURPOSE BEHIND THAT, IT ADDRESSES THE ISSUES THAT HAVE IMPACTED THE NEIGHBORHOOD. WHEN YOU REGISTER YOUR CAR FOR A PARKING PLAN, YOU'RE SUPPOSED TO HAVE A MANAGER WHO CAN BE CONTACTED IF THERE IS A NOISY GUEST.
A MANAGER THAT CAN BE CONTACTED 24 HOURS A DAY, AND THAT'S THE PURPOSE OF THE REGISTRATION AND THAT'S WHAT THE ACTUAL VIOLATION IS, TO OBTAIN THAT VIOLATION AND BUSINESS TAX RECEIPTS.
>> MOST OF US HERE HAVE HAD A PROBLEM WITH NEIGHBORS, OR IN MY CASE, WE HAD SOME YOUNG KIDS WHO MOVED ACROSS THE STREET, AND THEY PARTIED ALL THE TIME. IT WAS QUITE A NUISANCE.
NUISANCE TO US. THOSE OF US WHO HAVE LIVED THERE FOR 20-SOMETHING YEARS. I KNOW WHAT IT'S LIKE.
ALL RIGHT, I FIND THAT 2827 SOUTH INDIAN RIVER DRIVE LLC IS
[00:30:08]
NOT PRESENT, NEITHER IS THEIR REPRESENTATIVE ON THEIR BEHALF.I FIND THAT A VIOLATION EXISTS, AND I WILL IMPOSE A FINE OF $5,000 TO BE ASSESSED. I WILL ISSUE AN IMMEDIATE CEASE AND DESIST ORDER, ALL FUTURE RENTALS TO BE REMOVED AND CANCELLATIONS FOR PENDING RESERVATION BE PROVIDED.
IT'S ONLY FAIR TO COMPLY WITH THE SPECIAL MAGISTRATE OR ALL UTILITIES ON THE PREMISES WILL BE SUSPENDED WHILE THE VIOLATION
>> YOU'RE WELCOME, AND THANKS FOR COMING.
THEY HAVE 30 DAYS TO APPEAL. >> GOOD MORNING, SPECIAL
MAGISTRATE. >> SO GOOD YOU CAN JOIN US.
>> FOR 11, AND I'LL HAVE TO EXCUSE MYSELF AGAIN.
[E. 23-841 STR 2400 S Ocean Drive, Unit 3421 OMAR JOEL PADRON Heather Debevec]
>> NEXT CASE, 23-81, UNIT 3421. OMAR PEDRON.
>> WHEN YOU'RE READY. >> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 23-841. IT IS FOR 2400 SOUTH OCEAN DRIVE, UNIT 3421, OMAR PEDRON. THE CASE WAS INITIATED ON MARCH 31ST OF THIS YEAR, IT'S FOR SECTION 22-06 SUBSECTION B REGISTRATION AND REQUIREMENTS. IT'S REQUESTED THAT THEY CONTACT THE CITY CLERK'S OFFICE OR RENEW.
FINDS VIOLATION EXISTS, AND THE VIOLATOR 5 DAYS TO COMPLY AND EQUAL TO ONE MONTH'S RENTAL. 5,300-DOLLAR BE ASSESSED AND ORDER ALL UTILITIES BE SUSPENDED WHILE THE VIOLATION CONTINUES, ALL FUTURE REPRESENT AS BE TERMINATED IMMEDIATELY AND ADVERTISEMENTS ONCE DEDICATED TO SHORT-TERM RENTALS OR INVITATION RENTALS REGARDLESS OF LENGTH OF STAY LISTED IN THE ADVERTISEMENT. I DO HAVE COPIES OF THE ADS AND THE NOTICE FROM THE CLERK'S OFFICE SHOWING THAT THEY HAVE NOT REGISTERED. AT THIS TIME, WE'LL MOVE.
>> IT WILL BE ADMITTED. >> HOW DOES THIS COMPLAINT COME
TO THE CITY? >> WE CHECKED THROUGH A COMPANY WHICH HAS A LIST OF VARIOUS SHORT-TERM RENTALS AND WE JUST GO THROUGH THAT. AND START, SO IT'S BASICALLY AN
OUTSIDE -- >> SPECIAL MAGISTRATE, WE CONTRACTED WITH THE COMPANY TO PERFORM THE SERVICE FOR US, AND THEY SCRUB ALL THE WEBSITES AND PROVIDE US WITH THE PEOPLE WHO DON'T HAVE THE REGISTRATIONS OR THE ACTIVE LISTS AND WE COMPARE THEM WITH OURS TO MAKE SURE THAT THEY HAVE THE REGISTRATION.
>> OKAY. >> ALL RIGHT, BASED ON THE EVIDENCE PRESENTED AND THE TESTIMONY, I FIND A VIOLATION EXISTS AT 2400 SOUTH OCEAN DRIVE.
AND THAT OMAR PEDRON IS RESPONSIBLE FOR THE VIOLATION.
I'LL GIVE HIM 5 DAYS TO COMPLY OR FINE OF ONE MONTH'S RENTAL, WHICH IS 3,300-DOLLAR BE ASSESSED AND ALL UTILITIES TO THE PREMISES BE SUSPENDED WHILE THE VIOLATION CONTINUES.
ALL FUTURE RENTALS WILL BE TERMINATED IMMEDIATELY AND ALL TIES TO SHORT-TERM RENTALS ARE TO BE REMOVED AND ADVERTISEMENTS ON THE WEBSITE, SHORT-TERM RENTALS FOR VACATION, ADVERTISEMENT. 30 DAYS TO APPEAL.
>> THANK YOU. >> YOU'RE WELCOME.
>> WE'RE GOING TO DO THE PARKING IN ORDER OF THOSE THAT
[B. 23-1117PK 100 Atlantic Avenue Jonathan Richard Jenkins Charmaine Kirkland]
>> OUR NEXT CASE IS 23-1117, 100 ATLANTIC AVENUE.
JONATHAN RICHARD JENKINS. >> OH.
I CAN'T DO THIS CASE. I'VE KNOWN MR. JENKINS FOR MANY YEARS. MANY YEARS BEFORE HE GOT MARRIED, BEFORE HE HAD HIS BEAUTIFUL LITTLE BOY.
[00:35:01]
>> WE'LL NEED TO RESCHEDULE THIS BEFORE ANOTHER SPECIAL
MAGISTRATE. >> DOLPHIN FANS, I CAN'T DO THIS
>> I HAVE A QUESTION. I GOT A CITATION FOR PARKING IN A HANDICAP BECAUSE THE ADDRESS THEY WROTE ON THE TICKET WAS 100 ATLANTIC AVENUE AND IT DOES NOT HAVE ANY HANDICAP SIGNS ON THAT.
>> OKAY. TALK WITH MISS KINCAID AND SEE IF Y'ALL CAN WORK THAT OUT. GOOD TO SEE YOU.
I CAN'T, I'VE KNOWN HIM FOR PROBABLY WHAT 20, 30 YEARS.
>> MR. JENKINS, I'M SORRY, I WAS GOING TO MAKE SURE THAT YOU KNEW THE NEXT DATE, ON AUGUST 16TH AT 1:30 IN THE AFTERNOON. WOULD THAT BE OKAY WITH YOU? OKAY, I'LL SEE YOU THEN. YES, DO YOU WANT TO GIVE ME YOUR PHONE NUMBER JUST IN CASE? OKAY.
[D. 23-1157 PK South Causeway Park Melissa Maria Sesta Larry Stephens]
OUR NEXT CASE IS GOING TO BE 23-1157 SOUTH CAUSEWAY PARK.MELISSA MARIE ASSISTA. >> WHICH CASE?
>> THAT'S GOING TO BE 4D. >> WHEN YOU'RE READY.
GOOD MORNING. >> GOOD MORNING, YOUR HONOR.
THIS CASE BEFORE YOU, 23-115, WAS INITIATED APRIL 23RD 2023 AS SOUTH COUNTY PARK CAUSEWAY. THE VITALLER, MELISSA ASSISTA, SILENCE -- CODE 3441 NO PARKING ANY TIME.
THE FINE IS $50 AND THE ADMINISTRATIVE FEE FOR A TOTAL OF $560. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THE FAILURE TO PAY SUCH A FINE WILL RESULT IN IN BE AFFORDED TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS.
THE VIOLATION. >> ARE YOU MISS --
>> I'M BARRETT. I CHANGED MY LICENSE.
>> SO YOU'RE THE SAME PERSON, YOU JUST CHANGED YOUR NAME.
>> I'M THE SAME PERSON. >> HAVE YOU HAD THE CHANCE TO
LOOK AT THE PHOTOGRAPHS? >> I KNOW WHERE I WAS PARKED.
>> DO YOU WANT TO CHANGE THEM BEFORE YOU SEE THE SPECIAL
DO THESE PHOTOGRAPHS DEPICT THE VIOLATION AS YOU'VE OBSERVED IT?
>> IT WILL BE ADMITTED. >> MR. STEVENS, THE PARKING CITATION VIOLATION, IS THAT SUBSECTION E?
FOR THE VIOLATION? >> YES, CORRECT.
>> THANK YOU. ANYTHING FURTHER?
>> NOT AT THIS TIME. >> OKAY, AND YOUR NAME AGAIN?
>> MY NAME IS MELISSA BARRETT. >> HOW DO YOU RESPOND?
>> SO I CAME, I LIVE IN STEWART, I CAME TO FORT PIERCE, I GREW UP HERE AND MY NIECE WAS IN FORT PIERCE AND HER LITTLE BABY WAS SICK, AND I SWUNG INTO THE PARK THERE, AND THERE WAS A COP PARKED IN THE SAME SPOT, SO I DROVE AROUND THE LOOP AND I CAME BACK AND HE WAS GONE AND I PARKED IN THE SAME SPOT AND I GRABBED MY SICK NEPHEW AND I WAS THERE FOR 15 MINUTES, AND THE CODE ENFORCEMENT OFFICER GAVE IT TO ME.
AND IT WAS NOT THE SAME COP THAT WAS PARKED THERE, WHICH IS I THOUGHT WHAT HAPPENED. THERE WAS A LINE ON ONE SIDE.
AND I DIDN'T REALIZE IT WAS A SPOT TO BE PARKED IN.
AND IT WAS THE ONLY REACH I TOOK OFF WORK, TO COME UP ALL DAY
TODAY AND EXPRESS THAT. >> THE CITY, YOU KNOW, SO MANY PEOPLE ARE COMING HERE NOW, PARKING IS A PROBLEM.
>> I GREW UP HERE, I KNOW. I'VE BEEN HERE SINCE 74, 75.
[00:40:02]
>> I HAVE WORKED HERE FOR PROBABLY LONGER THAN YOU'VE BEEN LIVING. THE CITY IS -- THERE'S A PARKING COMMITTEE. I DON'T KNOW IF YOU GUYS SAW THE NEWS YESTERDAY, WHERE THE CITY IS TRYING TO IMPROVE PARKING.
THEY'RE TALKING ABOUT INSTALLING PARKING METERS.
PAY TO PARK. BECAUSE THERE IS A PROBLEM.
THIS ONE SPOT IS ALMOST HERE EVERY MONTH BECAUSE --
>> AT LEAST ONCE A MONTH? >> YES.
>> THEY SHOULD POST A SIGN. >> THERE ARE SIGNS.
>> THERE'S NO SIGN. >> BUT WHEN YOU ENTER THE PARK,
IT SAYS PARKING SPACES ONLY. >> LIKE I SAID, I PARKED WHERE THERE WAS A CAR PARKED AND THERE WAS A COP BEFORE ME, AND IT'S
NOT LIKE IT WAS ANY CAR. >> THEY HAVE A LITTLE BIT MORE
LATITUDE THAN WE DO. >> THEY GET TO BREAK THE LAW.
>> I WANT TO CLARIFY THEY ARE NOT BREAKING THE LAW, THE CODE SPECIFICALLY EXEMPTS THEM FROM THE PARKING RULES WHILE THEY'RE ENGAGED IN THEIR OFFICIAL DUTIES.
SO THEY'RE NOT BREAKING THE LAW. >> AND THIS IS PROBABLY NOT GOING TO HELP ANYBODY HERE, BUT I'VE HAD TWO TICKETS MYSELF.
>> NOT A GOOD EXAMPLE TO SET. IF THEY'RE PARKING SOMEPLACE, IT
WASN'T OBVIOUS. >> LIKE YOU SAID, THEY'RE EXEMPT, BUT I'VE HAD TWO TICKETS MYSELF ISSUED BY THE CITY.
I'M VERY MINDFUL OF WHERE I PARK NOW AND HOW LONG I PARK BECAUSE
OF THEY'RE ENFORCED. >> YES, MA'AM.
>> ALL RIGHT, ANYTHING FURTHER? >> NO, MA'AM.
>> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS. I WILL ASSESS A FINE OF $50 PLUS AN ADMIN FEE OF $10. AND TOTAL OF $60, AND YOU HAVE 14 DAYS TO PAY. FAILURE TO PAY COULD RESULT FOR TO THE COUNTY SYSTEM, WHERE YOU WILL INSURE ADDITIONAL FEES.
>> I USED TO BE MARRIED TO A COMPANY AND THIS WORKS OUT TO
[E. 23-1367 PK South Causeway Park Jacques Andre Pierre Larry Stephens]
HIM TOO. >> THE NEXT CASE, 23-767, JACK
PIERRE. >> GOOD MORNING, YOUR HONOR.
>> GOOD MORNING. WHEN YOU'RE READY.
>> YOUR HONOR, THIS CASE BEFORE YOU IS 2/3/1367, INITIATED MAY 14TH AT SOUTH CAUSEWAY. THE VIOLATOR IS MR. PIERRE, CITATION NUMBER IS 18193. CODE SECTION 3431E, NO PARKING ANY TIME, THE FINE IS $10, AND THE ADMINISTRATIVE FEE IS $10.
LING CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THAT THE VIOLATOR BE ASSESSED THE TOTAL AMOUNT ABOVE. I A UR TO PAY WILL RESULT IN IT BEING TO THE COUNTY COURT SYSTEM.
I DO HAVE PHOTOS, AND I DON'T KNOW IF I MENTIONED THIS, THIS
IS AN APPEAL. >> ARE YOU MR. PIERRE?
>> YES, MA'AM. >> HAVE YOU SEEN THE
I GOT MY VIDEO. >> DO YOU WANT TO LOOK AT THE PHOTOGRAPHS BEFORE THEY'RE ENTERED AS EVIDENCE?
THE PHOTOGRAPH SHOWS THE PICTURE OF MY VEHICLE --
>> SIR, HOLD ON. >> SO THE QUESTION, SIR, IS WHETHER YOU OBJECT THAT THEY ARE ACCURATE AND DO YOU BELIEVE THAT THEY ARE ACCURATE? YOU CAN SHOW WHATEVER YOU WANT OR ARGUE WHATEVER YOU WANT ABOUT THEM.
BUT DO YOU BELIEVE THAT THEY'RE ACCURATE?
>> YES, MA'AM. >> SO AT THIS TIME, THE CITY LO MOVE THESE PHOTOGRAPHS AS COMPOSITE EXHIBIT ONE.
>> ANYTHING FURTHER, MR. STEVENS?
>> NOT AT THIS TIME. >> OKAY, SIR, YOUR RESPONSE.
>> YES, MA'AM. WHAT'S YOUR NAME FOR THE RECORD?
>> JACQUES PIERRE. >> I WAS A POLICEMAN IN MIAMI FOR 20 YEARS, AND A COURT OFFICER FOR 20 YEARS, AND I NEVER SEEN ANYTHING LIKE THAT. I KNOW WHAT THE DOD ENFORCEMENT
[00:45:05]
IS. I SPENT 25 YEARS IN MIAMI.I TOOK MY FAMILY TO THE BEACH AND THE NEXT THING I KNOW, I WAS ISSUED A TICKET, BUT THERE WAS NO SIGN THERE THAT SAID NO
PARKING, AND I GOT IT ON VIDEO. >> HOLD ON, MR. STEINS, WHERE
WAS THIS PARKING SPACE LOCATED? >> JUST SOUTH OF THE BATHROOMS.
AT THE CAUSEWAY. >> WHERE THE SIGN FOR THE
CAUSEWAY PARK? >> WHEN YOU FIRST ENTER.
AND IF YOU PAN OUT A LITTLE BIT, THERE'S A LITTLE GREEN SIGN AND IT SAYS NO PARKING. I'M SORRY I DIDN'T GET A BETTER PICTURE OF THAT. BUT THAT SIGN RIGHT THERE DOES
SAY ITS NO PARKING. >> ARE THERE BOULDERS?
>> THAT'S CORRECT. >> DID YOU HAVE TO DRIVE OVER
BOULDERS? >> I DON'T KNOW IF SOMEONE MOVED THEM. OCCASIONALLY PEOPLE WILL GET OUT
>> YES, MA'AM, I GOT A VIDEO, AND THERE WAS A CAR PARKED NEXT TO ME AND THAT CAR WAS ISSUED A TICKET.
HE WAS THERE BEFORE ME, AND I LEFT AND HIS CAR WAS STILL THERE. AND THEN I WAS THE ONE ISSUED THE TICKET. AND IT'S ON VIDEO.
THERE WAS NO PARKING SIGN. I'M A A CORRECTION OFFICER.
AND IF THERE'S A SIGN THAT SAYS NO PARKING, THERE'S NO WAY I'M
GOING TO PARK THERE. >> ONE THING AT A TIME.
IF HE WOULD LIKE TO SHOW HIS VIDEO, WE CAN PUT THE PROJECTION UP TO WHERE THAT CAN BE SHOWN. MR. PIERRE, IF YOU DON'T MIND MISCALLED ROAN TAKING YOUR PHONE, SHE LO PLACE IT ON THE
TABLE FOR YOU. >> WE JUST NEED TO ZOOM IN.
>> DOES BOBBY HAVE THAT? >> THE ALL-POWERFUL OZ?
>> HE'S DOING IT. >> I'M DOING IT.
MOVE THAT OVER TO THE CENTER FOR US.
SLIDE IT OVER. OKAY, THEN HIT PLAY.
>> YOU CAN SEE THE CAR NEXT TO ME, THERE WAS A TICKET THERE.
SEE? I WAS SHOWING ALL OF THESE CARS HERE, AND NONE OF THEM GOT A TICKET BUT ME.
>> DID IT OCCUR TO YOU THAT THE OFFICER MAY HAVE COME THERE WHEN THE OTHER CARS WERE NOT THERE, AND YOURS WAS THERE, AND HE WROTE A TICKET FOR YOU? HAVE YOU EVER DONE THAT WHILE
YOU WERE ON PATROL? >> YEAH, I HAVEN'T EVER
EXPERIENCED ANYTHING LIKE THAT. >> WELL, I'LL TELL YOU SOMETHING, I SPENT THREE YEARS WORKING FOR THE DEPARTMENT OF CORRECTIONS. THE LAST YEAR, I WAS A SERGEANT IN A FEM MAXIMUM SECURITY PRISON.
PERSON DOING, AND YOU WALK AWAY FROM THAT SITUATION, YOU MAY NOT SEE SOMEBODY ELSE DOING IT, BUT OTHERS MAY BE DOING IT.
YOU KNOW THAT. I SEE PEOPLE SPEEDING ON THE HIGHWAY, THEY DON'T GET PULLED OVER.
I SPEED. I ALWAYS LOOK OUT FOR POLICE OFFICERS, BECAUSE I DON'T WANT A TICKET.
I MEAN, YOU KNOW THE ROUTINE. >> I DO HAVE A COUPLE OF QUESTIONS FOR HIM, SPECIAL MAGISTRATE.
SO MY UNDERSTANDING IS YOU ACTUALLY CAME IN AND SHOWED THIS VIDEO TO STAFF, RIGHT? YOUR VIDEO WITH YOUR COMPLAINTS THAT OTHER VEHICLES DIDN'T GET TICKETS, CORRECT?
>> IS THAT RIGHT? >> DID I COME IN HERE?
>> YES. DID YOU COME IN TO SPEAK WITH
STAFF? >> YES, I SPOKE TO HER.
[00:50:02]
>> WAS SHE ABLE TO ACTUALLY PULL UP THE VEHICLES THAT YOU'RE COMPLAINING ABOUT TO SHOW THAT YOU ACTUALLY DID GET TICKETS?
>> SOMETHING LIKE THAT. >> YES, RIGHT?
>> SHE SHE DIDN'T SHOW ME THE VEHICLES THAT I GOT A TICKET.
SHE SHOWED ME THE VIDEO. AS YOU CAN SEE, I WAS ISSUED THE
TICKET. >> SO I UNDERSTAND THAT YOUR VIDEO DOESN'T SHOW A TICKET ON THAT CAR, BUT WERE YOU SHOWN BY STAFF THAT THAT VEHICLE DID EVENTUALLY GET A TICKET?
>> THERE WAS NO OTHER VEHICLE ISSUED A TICKET FROM WHAT SHE
SHOWED ME. >> SO YOU'RE SAYING THAT WAS NOT
>> DID THEY INDICATE TO YOU THAT THAT VEHICLE DID GET A TICKET?
>> WHAT SHE SAID, THAT MAYBE SOMEONE HAD A TICKET AND THEY TOOK CARE. SHE SAID YOU PROBABLY HAD A TICKET AND HE TOOK IT OFF. WHAT MORE EVIDENCE ZO YOU HAVE THAN THIS ONE HERE? NOT HAVING A TICKET?
>> I'M NOT GOING TO ARGUE WITH YOU, BUT WHETHER THEY HAD A TICKET OR NOT DOESN'T CHANGE WHETHER YOU VIOLATED.
>> THIS IS THE EVIDENCE. >> I DON'T HAVE QUESTIONS FOR HIM, BUT I WILL HAVE STAFF FOLLOWUP QUESTIONS.
MR. STEVENS, IN THE VIDEO THAT YOU WERE WATCHING FROM MR. PIERRE, HE KIND OF WALKED DOWN CAUSEWAY PARK TO WHERE THERE WERE NUMEROUS VEHICLES PARKED.
ARE THOSE VEHICLES PARKED IN PROPER PARKING SPOTS?
>> THEY'RE IN DESIGNATED AREAS. >> HOW ARE THEY DESIGNATED?
>> BY SIGNAGE AND BY PARKING -- >> STOPPERS?
THAT'S RIGHT. >> THEY ARE DESIGNATED AREAS.
>> THANK YOU. >> MISCALLED ROAN, I ASSUME THAT
YOU DIDN'T SWEAR YOURSELF IN. >> I WILL SWEAR HER IN.
>> STATE YOUR NAME FOR THE RECORD.
>> DO YOU STATE OR SWEAR THAT THE TESTIMONY YOU'RE ABOUT TO
>> HOW ARE YOU EMPLOYED. >> I AM EMPLOYED BY THE CITY OF FORT PIERCE AS AN EXECUTIVE ASSISTANT SPECIAL MAGISTRATE
CLERK. >> DID MR. PIERRE COME TO SEE
>> DID HE SWEAR THAT OTHERS DID NOT GET PARKING TICKETS ON THE
DAY HE DID. >> DID YOU LOCATE THOSE PARKING
>> I WAS ABLE TO SHOW HIM A GRAY VEHICLE THAT COMES OUT ON HIS VIDEO, AND THEN WE HAVE PHOTOS OF A BLACK VEHICLE NEXT TO HIS VEHICLE, AND I WAS ABLE TO SHOW HIM BOTH VEHICLES WERE TICKETED.
THE BLACK VEHICLE AT THE TIME OF HIS LEAVING AND THE GRAY VEHICLE THAT WAS THERE AT THE TIME OF HIS LEAVING AND THE BLACK VEHICLE THAT WAS AT THE TIME OF OUR PHOTOS, GETTING THE TICKET
OUT TO OUR VEHICLE. >> THANK YOU.
>> NOTHING FURTHER FROM THE CITY.
>> HOW DO YOU RESPOND TO THAT? >> WELL, YOUR HONOR, LIKE I SAID, THIS IS EVIDENCE RIGHT THERE.
THE CARR PARKED NEXT TO ME DIDN'T GET A TICKET.
>> SHE EXPLAINED TO YOU THAT THEY DID GET TICKETED.
MAYBE THE TICKET WASN'T THERE WHEN YOU SAW IT.
OR WHEN YOU TOOK YOUR VIDEO, EXCUSE ME, BUT THEY WERE TICKETED. BUT THAT DOESN'T MATTER.
WHAT MATTERS IS THAT LISTEN, I HAVE GONE TO THESE PLACES, OKAY? WE KNOW PARKING IS A PROBLEM. THE CITY IS TRYING TO DO -- GET BETTER PARKING FOR PEOPLE. EXCUSE ME, OKAY.
NOW, YOU'VE BEEN AN OFFICER, RIGHT? AND YOU TESTIFIED IN COURT BEFORE, RIGHT? OKAY. THEN LET ME SPEAK.
>> SORRY. >> SIR, YOU WERE IMPROPERLY PARKED. I HAVE DRIVEN THROUGH PLACES BECAUSE WE GET SO MANY COMPLAINTS ABOUT WHAT PEOPLE DIDN'T SEE. THERE'S A SIGN AT EVERY ENTRANCE AND EXIT THAT SAYS PARKING IN DESIGNATED FACES ONLY.
EVERYBODY IS COMING HERE NOW. YOU WERE ILLEGALLY PARKED.
ANYTHING FURTHER? >> NO, MA'AM.
>> NO, MA'AM. >> ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND A VIOLATION EXISTS AND JACQUES PIERRE IS RESPONSIBLE. ASSESS A FINE OF $50, AND $10 ADMIN FEE, TOTAL $60. IF NOT PAID, YOU WILL NOT OCCUR
[00:55:07]
ADDITIONAL FEES AND COSTS. YOU HAVE 30 DAYS TO APPEAL.>> THANK YOU. NEXT CASE, MADAM CLERK.
>> MMR. PIERRE, DO YOU WANT TO O UPSTAIRS TODAY, RIGHT NOW?
>> YES. >> SHE'S GOING TO DO WHAT YOU
NEED. >> NEXT CASE, MADAM CLERK.
[U. 23-583PK South Causeway Park Christopher Brown Amanda Hirsch Michael Rabenecker]
>> NEXT CASE, 23-583, CHRISTOPHER BROWN, AMANDA
HERSCH. >> I'M SORRY, WHAT NUMBER --
THERE IT IS. >> GOOD MORNING, YOUR HONOR.
>> GOOD MORNING. >> MY NAME IS MIKE, I'M EMPLOYED WITH THE CITY OF FORT PIERCE AS AN ENFORCEMENT PARKING SPECIALIST. SO BEFORE YOU THIS MORNING IS CASE NUMBER 23-583, PARKING VIOLATION THAT OCCURRED AT SOUTH CAUSEWAY PARK. THE CASE WAS INITIATED ON FEBRUARY 26TH, 2023, AND THIS IS A REGULAR SILENCE PRESENTATION.
THE VIOLATORS CANE BACK AS A CHRISTOPHER BROWN AND AN AMANDA HERSCH. THE PARKING VIOLATION OF CITY ORDINANCE 34-31, NO PARKING IN THE CITY RIGHT-OF-WAY.
THE CITY IS ASKING THAT A $50 FINE BE ASSESSED AND A LATE FEE FOR A TOTAL OF $78. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS.
FAILURE TO PAY SUCH A FINE RESULTS IN CITATION BEING REFERRED TO THE COUNTY COURT SYSTEM.
I HAVE PHOTOS THAT ACCURATELY PORTRAY THE VIOLATION AS I
WITNESSED IT. >> ARE YOU MR. BROWN? HAVE YOU HAD THE CHANCE TO LOOK AT THE PHOTOGRAPHS? DO YOU HAVE ANY OBJECTION TO THEM BEING ACCURATE? YOU'LL BE ABLE TO TESTIFY TO THEM ALL YOU WANT AND YOU AGREE
THEY'RE ACCURATE. >> AT THIS TIME, THE CITY MOVES THE PHOTOGRAPHS AS COMPOSITE EXHIBIT ONE.
>> THEY WILL BE ADMITTED AS SUCH.
>> ANYTHING FURTHER? >> NO MA'AM.
>> GOOD MORNING, YOUR HONOR. >> GOOD MORNING, YOU ARE CHRISTOPHER BROWN. HOW DO YOU RESPOND TO THE
ALLEGATIONS. >> I REALLY DON'T HAVE ANY EXCUSES, YOU CAN SEE THE PARKING LOT IS QUITE FILLED AND ALL LOCATIONS, AND I JUST HAD A NEW ONE AT THE TIME AND IT WAS AN EMERGENCY SITUATION AND WE NEEDED A RESTROOM FOR, AND THAT WAS THE ONLY RESTROOM AROUND AND EVEN THE PERSON NEXT TO ME, YOU CAN SEE DOWN THE LINE, THERE'S NO PROPER PLACE TO PARK WITH OUT PARKING BEHIND SOMEONE. IT WAS PROBABLY FOR ONLY 10 MINUTES, BUT IT WAS THE ONLY OPTION THAT I HAD AT THE TIME.
>> IT IS A PARKING, EAST OF THAT NEAR THE WATER.
>> ON THE OTHER SIDE? >> EAST OF THIS PARKING, YOU GO BACK AND THERE'S ANOTHER PARKING LOT BACK THERE, AM I CORRECT?
>> CLOSER TO THE BRIDGE? >> TO THE RIVER, YES.
>> THAT WAS FILLED WITH RVS AND EVERYTHING, BICYCLES, AND THE OTHER SIDE WAS FILLED AND EVERYWHERE.
AND IT WAS NOT A SITUATION WHERE I ALREADY HAD AN EMERGENCY WITH MY NEWBORN AND I DIDN'T WANT TO COME BACK AND HAVE SOMEBODY BLOCKED IN OR THIS, THAT AND THE OTHER.
THERE WAS NOWHERE ELSE TO GO, AND IT WAS NOT A SITUATION -- SO IN TERMS OF THAT, THERE'S NOT ANY EXCUSE THAT I'M TRYING TO
GIVE YOU BUT JUST THE SITUATION. >> ALL RIGHT, ANYTHING FURTHER? ER ALL RIGHT, BASED ON THE EVIDENCE AND THE TESTIMONY PRESENTED, I FIND THAT CHRISTOPHER BROWN, HARSH, THE
[01:00:04]
PARTY RESPONSIBLE FOR THE PARKING VIOLATION AND MR. BROWN ADMITTED THAT HE IS RESPONSIBLE. I WILL IMPOSE $50, $10 ADMIN, AND LATE FEE FOR A TOTAL OF $78, AND YOU HAVE 14 DAYS TO PAY, AND FAILURE TO PAY WILL BE SENT OVER TO THE COUNTY COURT SYSTEM, WHERE YOU WILL INCUR FEES AND COSTS.AND YOU WILL HAVE 30 DAYS TO APPEAL.
ONE OF THE REASONS I MAKE MY SPIEL ABOUT THE PARKING SITUATION, WE KNOW THERE'S A PROBLEM WITH PARKING.
EVERYBODY IS FLOCKING TO FORT PIERCE NOW, AND THE CITY IS WORKING ON TRYING TO IMPROVE PARKING, BUT THE SPACES ARE LIMITED AND YOU CAN'T JUST PARK WHERE YOU WANT TO.
SO JUST -- I MEAN, YOU PAY THE FINE, AND THEN THERE'S AN ADMIN FEE, A LATE FEE. IS IT WORTH IT? SO I'M ASKING YOU TO USE YOUR COMMON SENSE.
ALL RIGHT, NEXT CASE, MADAM CLERK.
>> YES, MA'AM, AND I'M GOING TO ASK REALLY QUICK, CAN I ASK WHAT CASE YOU'RE HERE FOR? I DON'T HAVE YOU ON THE
SCHEDULE. >> PARKING VIOLATION.
>> WHAT'S YOUR NAME. >> COMACHO.
>> AND PROPERTY VIOLATION? >> PARKING?
>> WHAT'S YOUR NAME? OKAY, THANK YOU SO MUCH.
[V. 23-696PK Jaycee Park Gerardo Macias Doreen Stone Michael Rabenecker]
NEXT CASE IS 23-696, JC PARK, MACIAS GERARDO.AND DOREEN STONE. >> WHAT'S THE NUMBER?
>> THIS ONE IS GOING TO BE 4V. >> SORRY ABOUT THAT, YOUR
>> YOUR HONOR, THE NEXT CASE BEFORE YOU IS 23-696, A PARKING VIOLATION THAT OCCURRED AT JC PARK.
THE CASE WAS INITIATED ON MARCH 5TH, AND THIS IS A REGULAR CITATION. THE VIOLATOR CAME BACK AS A GERARDO MACIAS AND A DOREEN STONE.
THE INVITATION, 19555. PARKING VIOLATION OF CITY ORDINANCE, 34-41E, NO PARKING ANY TIME.
THE CITY IS ASKING A $50 FINE BE ASSESSED AND ADMINISTRATION $10, AND TOTAL OF $78. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THAT THE VIOLATION EXISTS.
FAILURE TO PAY SUCH A FINE RUTS RESULTS IN THE CITATION TO THE
COUNTY COURT SYSTEM. >> ARE YOU MR. MACIAS?
>> YES. >> HAVE YOU HAD THE CHANCE TO
SEE THE PHOTOGRAPHS? >> I KNOW WHERE I WAS PARKED.
>> AT THIS TIME, WE MOVE THE PHOTOGRAPHS IN AS COMPOSITE
EXHIBIT ONE. >> MOVED AS SUCH.
>> IS THERE ANYTHING FURTHER? >> NO, YOUR HONOR.
>> SIR, HOW DO YOU RESPOND? >> WE WERE JUST HAVING A PARTY AT ONE OF THE PAVILIONS THAT WE RENTED AND I WAS LOADING SOME OF THE STUFF UP FROM THE PARTY. I MIGHT HAVE BEEN THERE A GOOD HOUR, I WOULD IMAGINE, GOING BACK AND FORTH, SO I DO ACKNOWLEDGE THAT I WAS IN VIOLATION.
I DIDN'T KNOW THAT I COULDN'T PARK THERE BECAUSE THERE WERE A
LOT OF VEHICLES, BUT IT HAPPENS. >> CAN YOU HEAR MY SPIEL ABOUT -- YOU HAVE A RIGHT TO CONTEST THE TICKET.
BUT DID YOU HEAR ANY SPIEL ABOUT ADDITIONAL FEES AND COSTS?
>> YES, MA'AM, I'M NOT TRYING TO ARGUE THE CASE OR ANYTHING
LIKE THAT. >> SO YOUR $50 TICKET IS NOW A 78-DOLLAR TICKET. ANYTHING FURTHER?
>> NO, YOUR HONOR. >> ALL RIGHT, BASED ON THE EVIDENCE PRESENTED, I FIND THAT GERARDO MACIAS, AND DOREEN STONE IS THE PARTY RESPONSIBLE FOR THE VIOLATION AND YOU WILL BE ASSESSED A FINE OF $50 AND ADMIN FEE OF $10.18 LATE FEE FOR A TOTAL OF $78. YOU HAVE 14 DAYS TO PAY.
FAILURE TO PAY COULD RESULT IN THIS BEING SENT OVER TO THE COUNTY COURT SYSTEM, WHERE YOU WILL INCUR ADDITIONAL FEES AND COSTS, AND YOU HAVE 30 DAYS TO APPEAL.
>> THANK YOU, YOUR HONOR. >> YOU'RE WELCOME.
HOW MANY MORE PEOPLE ARE HERE FOR TRAFFIC TICKETS?
[01:05:04]
OKAY. WHEN YOU'RE READY.>> WHICH CASE IS IT? >> SPECIAL MAGISTRATE NEXT CASE
[H. 23-1394PK South Causeway Park Dean Camacho Michael Rabenecker]
IS 23-1394, CAUSEWAY PARK. MACHO.>> ALL RIGHT, WHEN YOU ARE READY.
>> YOUR HONOR, THE NEXT CASE IS -- PARKING VIOLATION THAT OCCURRED IN SOUTH CAUSEWAY PARK. ISSUED ON MAY 13TH, 2023.
AND THIS IS A CITATION APPEAL BEFORE YOU.
THE VIOLENTER IN THE CASE CAME BACK AS A DEAN CAMACHO.
MARKING VIOLATION OF CITY ORDINANCE 34-31E, NO PARKING ANY TIME. THE CITY IS ASKING A $50 FINE BE ASSESSED AND AN ADMITTANCE FEE FOR A TOTAL OF $60.
THE CITY IS REQUESTING THAT IF THE VIOLATION EXISTS, FAILURE TO PAY SUCH A FINE RESULTS IN THE CITATION BEING REFFED TO THE COUNTY COURT SYSTEM. PHOTOGRAPHS TO INTRODUCE THE DATE AND TIME STAMP AND FOR HIS CASE FOR APPEAL.
>> MR. CAMACHO, HAVE YOU HAD THE CHANCE TO SEE THE PHOTOGRAPHS?
>> ANY OBJECTION TO THEM BEING ACCURATE?
>> ABSOLUTELY NOT. >> AT THIS TIME, THE CITY ENTERS THE PHOTOGRAPHS AND SIR, YOUR REQUEST FOR AN APPEAL, DO YOU WANT ME TO MOVE THOSE IN AS A PIECE OF EVIDENCE ON YOUR
BEHALF? >> IF IT HELPS, BUT I HAD A STROKE, SO IT'S VERY DIFFICULT FOR ME TO SPEAK.
IF IT HELPS, BUT MY SITUATION. >> IT'S UP TO YOU, SO IT'S THE APPEAL PAPERWORK THAT YOU FILLED OUT AS WELL AS YOUR LETTER AND
THE PHOTOGRAPHS THAT YOU SET. >> ONLY IF I CAN OBJECT TO THE PHOTOGRAPHS THAT I SENT IN THAT WERE TAKEN THE DAY AFTER THE VIOLATION. AND IT SHOWED DIFFERENT THINGS.
I ACTUALLY SPOKE WITH THIS GENTLEMAN THE DAY AFTER.
I DIDN'T KNOW HE WAS GOING TO BE HERE WITH THE CITATION.
>> SO YOU WILL BE ABLE TO EXPLAIN ANYTHING THAT YOU WOULD
LIKE TO BE ABLE TO EXPLAIN. >> OF COURSE.
>> I WANT TO SEE IF YOU WANT THEM MOVED IN AS EVIDENCE FOR
THE SPECIAL MAGISTRATE. >> ANYTHING THAT HELPS MY
SITUATION OUT. >> I CAN'T GIVE YOU THAT
ANSWER, IT'S UP TO YOU. >> YES.
YES. >> SO WE'LL MOVE THE CITY'S PHOTOGRAPHS IN AS THE CITY'S EXHIBIT ONE COMPOSITE.
AND AS RESPONDENT, ONE, HIS APPEAL PACKET.
>> IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?
>> NO, YOUR HONOR. >> SIR, HOW DO YOU RESPOND?
>> GOOD MORNING, SPECIAL MAGISTRATE.
BASED ON THE COFINDER, MR. STEINS, WHO BROUGHT SOME ATTENTION TO MY SITUATION, AND BASED ON THE DAY AFTER I SPOKE WITH THIS GENTLEMAN, I GOT TO SAY, THIS GENTLEMAN WAS PERFECTLY A GENTLEMAN. I INTRODUCED CERTAIN THINGS TO HIM. AND HE TOLD ME SIGNS OF THE NO PARKING AND HE ALSO GAVE ME CERTAIN INSIDER INFORMATION, WHICH I DON'T DISCLOSE, BUT HE WAS A PERFECT GENTLEMAN.
MR. STEVENS INDICATED THAT SOME PEOPLE MOVE THE BOULDERS, AND THE TWO PHOTOGRAPHS I'M GOING TO SUBMIT TO THE COURT WERE ACTUALLY WHERE I WAS PHYSICALLY PARKED AT.
THIS IS ONE. AND I WAS NOT PARKED HERE, BUT THERE WAS NO BOULDER IN FRONT OF THE FIRE HYDRANT.
AND I KNEW NOT TO PARK IN FRONT OF THE HYDRANT.
BUT THIS PHOTOGRAPH OF THE TWO PALM TREES, THAT HAD NO BOULDERS, AND THAT PARTICULAR DAY, THERE WAS A TRUCK THAT MAY HAVE BLOCKED ANY KIND OF SIGNS THAT MIGHT HAVE DETERRED ME TO
[01:10:01]
PARK THERE. LIKE I SAID, MR. STEVENS BROUGHT SOMETHING TO MY ATTENTION THAT PEOPLE MIGHT HAVE MOVED THE BOULDERS. I'M NEW TO THIS TOWN, I HAVE LIVED IN A SMALL TOWN BEFORE. SO SMALL TOPS ARE ALWAYS PLEASANT TO THE BIG CITY. I WAS BORN AND RAISED IN PHILADELPHIA AND I SPENT 22 YEARS WORKING FOR A UTILITIES COMPANY, SO I KNOW THE TRAFFIC VIOLATIONS AND I DO HAVE CERTAIN EXCEPTIONS WHEN IT COMES TO HANDLING EMERGENCIES WITH THE GAS COMPANY. WITH GAS WORKS.BUT I KIND OF FEEL LIKE I HAVE TO THROW MYSELF AT THE MERCY OF THE COURT. BECAUSE I AM NEW AND I UNDERSTAND THE PARKING PROBLEM, AND I UNDERSTAND THAT I JUST HEARD THAT FORT PIERCE IS THINKING ABOUT OFFERING FREE PARKING FOR THE TOURISTS, WHICH I THINK IS A GOOD IDEA.
>> NO, YOU DIDN'T GET IT RIGHT. >> I SAW THAT ON YOUR
TELEVISION STATION. >> I THINK YOU'RE REFERRING TO A PILOT PROGRAM RELATED TO PAID PARKING.
>> MAYBE I MISSED THAT PART. BUT I UNDERSTAND BIG CITY WITH THE PARKING ENFORCEMENT. ACTUALLY, THE CITIES.
AND I'M GOING TO THROW MYSELF AT THE MERCY OF THE COURT BECAUSE FROM WHAT MR. STEVENS SAYS, THE STATEMENT, AND I SPOKE WITH THIS GENTLEMAN, WHO WAS MORE THAN HAPPY TO GIVE ME INFORMATION ABOUT THE AREA. AND I THROW MYSELF AT THE MERCY OF THE COURT AND I DIDN'T SEE A SIGN, MR. MAY HAVE BEEN A --
BLOCKING IT. >> THE SIGN IS AT THE ENTRANCE.
>> WELL -- THIS PARTICULAR SIGN IN THIS AREA WAS LOW AND THERE WAS A TRUCK IN FRONT OF IT. AND I WENT THERE THE NEXT DAY AND TOOK PHOTOGRAPHS. I'M GIT HAVE TO THROW MYSELF AT THE MERCY OF THE COURT. BUT I'M BEING HONEST WITH YOU, JUDGE, I WOULD BE CHEATING MYSELF, BECAUSE AT THE BACK OF MY MIND, I KIND OF FEEL LIKE ENTRAPMENT.
>> OKAY. >> I WILL THROW MYSELF AT THE MERCY OF THE COURT, MA'AM MAGISTRATE.
>> JUST FOR PURPOSES, I DID MARK THE TWO PHOTOGRAPHS THAT HE MARKED AS RESPONDENT'S EXHIBIT 2 FOR HIM.
WE HAVE NO OBJECTION TO THOSE BEING MOVED IN.
AND HE DID INDICATE THAT THOSE WERE FROM THE NEXT DAY WHEN HE
WENT BACK TO THE SPOT. >> ALSO, I DIDN'T GET MY NOTICE TO APPEAR FOR COURT IN A FASHIONABLE TIME.
SO I WENT IN TO THE CITY HALL, AND SUBMITTED ANOTHER REQUEST FOR APPEAL. AND THAT WAS THE TIME WHERE I ISSUED THESE PHOTOGRAPHS, SO MY VIOLATION WAS REWRITTEN FROM CODE 34-31A TO 34-31E. SO I THINK FROM THE COURT'S POINT OF VIEW, I COULD HAVE BEEN MISUNDERSTOOD FOR TAKING PHOTOGRAPHS OF THE NO PARKING VIOLATION HERE.
AND I SUBMITTED THAT, BUT I SPOKE WITH THIS GENTLEMAN, AND HE TOLD ME, AND I WENT THE NEXT DAY AND TOOK THE PHOTOGRAPH.
SO I THINK IT WAS A MISINTERPRETATION FOR THE VIOLATION OF A MISSION BASED ON THOSE PHOTOGRAPHS.
LIKE I REPEAT, I THROW MYSELF AT THE MERCY OF THE COURT.
BUT I DIDN'T DO IT INTENTIONALLY.
>> ANYTHING FURTHER? >> NO, YOUR HONOR.
>> NO MA'AM. >> AND HE WAS A PERFECT
THE REASON WHY I DO THE SPIEL ABOUT THE FINES AND ADDITIONAL
[01:15:04]
FEES THAT ARE ASSESSED, IS BECAUSE IT MAKES NO SENSE IF YOU KNOW YOU PARKED ILLEGALLY, AND YOU WANT TO COME IN AND CONTEST IT, AND I TOLD YOU YOU'RE GOING TO INCUR ADDITIONAL FEES ANDCOSTS. >> THAT'S THE ACCUSING PART.
THERE WAS I VEHICLE IN THE WAY, AND THEY WERE WORKING ON THE MEN'S ROOM, AND ALL I SAW, YOUR HONOR, WAS A PARKING SPOT WHERE
I WANTED TO GO TO THE BEACH. >> SPECIAL MAGISTRATE, YOU CAN SEE BOULDERS IN THE PHOTOGRAPHS THAT ARE ON THE SCREEN, AND I APOLOGIZE, AND HE'S WEDGED IN BETWEEN TWO TREES.
>> I SEE THAT, THANK YOU. >> AND THERE ARE NO BOULDERS IN FRONT OFET FIRE HYDRANTS. I SUBMITTED PICTURES OF IT.
THERE ARE NO BOULDERS IN FRONT OF THE FIRE HYDRANT AND THERE ARE SEVERAL BOULDERS ALONG THAT -- CAUSEWAY? THERE ARE SEVERAL BOULDERS BUT BETWEEN THOSE TREES, TWO TREES, AND MIND YOU, I FIT IN PERFECTLY IN THE TREES, AND I WAS ABLE TO OPEN MY DOORS, AND IT WAS WIDE ENOUGH FOR ME TO GET IN, AND THE NEXT SPOT WAS LIKE THE FIRE HYDRANT.
THE BOULDERS ALONG THE WAY. >> WHAT WOULD HAVE DONE IF YOU INTENDED TO LET SOMEONE OUT OF YOUR BACK SEAT? HOW WOULD THEY HAVE GOTTEN OUT OF YOUR BACK SEAT THE WAY YOU
WERE PARKED? >> I DID NOT HAVE ANY -- THE BACK SEAT, I DON'T HAVE ANY CHILDREN THAT LIVE WITH ME, I DON'T HAVE ANY CHILDREN THAT ARE --
>> I UNDERSTAND, BUT DO YOU UNDERSTAND MY POINT, THAT CLEARLY YOU CAN'T OPEN ALL FOUR OF YOUR DOORS BETWEEN THOSE PALM
TREES? >> I WAS NOT THINKING THAT I WAS GOING TO BACK UP WITH THE DOORS OPEN.
I WAS THINKING THAT I WAS PERFECTLY COULD IF I WANT THERE.
I HAD ENOUGH ROOM TO GET OUT AND THE FRONT OF MY CAR, PASSED MY DRIVER DOORS, DID NOT BLOCK ANY ROADWAY FOR TRAFFIC TO COME
ALONG. >> I UNDERSTAND THAT YOU CAN PHYSICALLY MANEUVER YOUR VEHICLE IN BETWEEN THOSE TWO TREES, FULLY GET THERE, BUT AS YOU STAND HERE TODAY, DO YOU THINK THAT'S ACTUALLY A PARKING SPOT FOR A VEHICLE?
>> I THOUGHT IT WAS -- I'M A RATIONAL GUY.
I SPENT 22 YEARS IN MERCHANT MARINES, AND 22 YEARS WORKING FOR THE CITY, WORKING FOR THE SHIPYARDS AND STUFF, SO I CAN DETERMINE IN THIS CASE, I DIDN'T THINK OF T. I ACKNOWLEDGE ALL I SAW WAS A FREE SPOT. AND I JUST UNLOADED MY KAYAKS AND WE WENT RIGHT ACROSS THE BAY.
-- WOULD IT MAKE A DIFFERENCE, WOULD YOU ASK ME THE SAME QUESTION IF THAT WAS A TWO-DOOR CONVERTIBLE?
>> FOR ME, NO, BUT FOR YOU, I'M ASKING.
>> ALL I SAW WAS THE ENERGY. BUT IN MY MIND, THERE WAS ANOTHER PARKING SPOT WHERE I COULD PARK.
>> I UNDERSTAND. >> I DIDN'T SEE ANY KIND OF DETERRENT OR SIGNS THAT TELL ME I DID A VIOLATION.
I ACCEPT THE VIOLATION, BUT I THROW MYSELF AT THE MERCY OF THE
[01:20:01]
COURT. BUT THE THING THAT I ASK YOU, JUDGE, WOULD I HAVE TO PAY FOR ANY KIND OF FEES IF I APPEALTHIS? >> OH, IF IT GOES TO -- AFTER THIS, IT WILL GO TO COUNTY COURT IF YOU WANT TO APPEAL IT.
>> I'M NOT GOING TO APPEAL IT. BUT I WASN'T PLANNING TO THROW MYSELF AT THE MERCY OF THE COURT.
BUT -- I'M NOT A RICH MAN, I JUST SUFFERED FROM A STROKE, AND AFTER ASIA, LIKE BRUCE WILLIS, BUT I DON'T HAVE HIS LOOKS FOR
HIS MONEY. >> SIR, I'M GOING TO STOP YOU.
PEOPLE HAVE BEEN HERE SINCE 9:00, AND WE HAVE TO MOVE
FORWARD. >> UNFORTUNATELY, LIKE I SAID, I'M GOING TO THROW MYSELF AT THE MERCY OF THE COURT.
BUT I DIDN'T SEE A VIOLATION, AND I DON'T -- THE VIOLATION UNTIL I SPOKE WITH THIS MAN, AND HE SHOWED ME OF VIOLATIONS OUTSIDE OF THE AREA WHERE I WAS PARKED, AND I HAD NO IDEA, HE
GAVE ME A TICKET. >> OKAY, SIR, BASED ON THE EVIDENCE, AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION DOES EXIST. AND I WILL IMPOSE A $50 FINE, $10 ADMIN FEE, TOTAL OF $60, YOU HAVE 14 DAYS TO PAY IT.
EXCUSE ME, FAILURE TO PAY COULD RESULT IN THIS BEING SENT OVER TO THE COUNTY COURT SYSTEM WHERE YOU WILL INCUR ADDITIONAL FEES AND COSTS. YOU HAVE 30 DAYS TO APPEAL AND YOU CAN SPEAK WITH THE CLERK AND SHE'LL TELL YOU WHAT YOU NEED TO
>> YOU'RE WELCOME, HAVE A GOOD DAY.
>> NEXT, PLEASE. >> ONE MOMENT.
>> OKAY. I'M SENDING YOU UPSTAIRS RIGHT NOW. OKAY.
I'M SORRY, ARE WE OKAY TO GO WITH --
[F. 23-1327 PK South Causeway Park Kathleen McKenna Larry Stephens]
>> YES. >> OUR NEXT CASE IS GOING TO BE 13-2327, CAUSEWAY PARK, KATHLEEN MCKENNA, AND THAT'S GOING TO BE WITH LARRY. THANK YOU.
>> WHEN YOU'RE READY. >> YES, MA'AM.
YOUR HONOR, THE CASE IS AND 2327, INITIATED MAY 7TH, THE VITALLER, KATHLEEN MCKEN A CITATION 184, CODE SECTION 3431E NO PARKING ANY TIME. FEE IS $10 AND ADMINISTRATIVE FEE, $10. AND TOTAL AMOUNT, $60.
THE CITY REQUESTED A SPECIAL MAGISTRATE, THE TOTAL AMOUNT, FAILURE TO PAY SUCH FINE WILL RESULT IN CITATION BEING REFERRED TO THE COUNTY COURT SYSTEM.
YOUR HONOR, I DO HAVE PHOTOS. >> ARE YOU MISS MCKENNA?
>> YES, MA'AM. >> HAVE YOU HAD THE CHANCE IT
LOOK AT THE PHOTOGRAPHS? >> YES.
>> I HAVE TO SWEAR HER IN. PLEASE RAISE YOUR RIGHT HAND,
YOUR FAME FOR THE RECORD. >> MCKENNA.
>> DO YOU ANSWER THAT THE TESTIMONY YOU'RE ABOUT TO GIVE
>> DO YOU HAVE ANY OBJECTION TO THE PHOTOGRAPHS BEING ACCURATE? DO YOU AGREE THAT THE PHOTOGRAPHS ARE ACCURATE?
>> YES. >> AT THIS TIME, THE CITY WILL MOVE INTO EVIDENCE, COMPOSITE EXHIBIT ONE PHOTOGRAPHS.
>> IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER, ACCOMPLISHING
STEINS? >> NOTHING AT THIS TIME, YOUR
>> I WENT THERE ON A DAY AFTER THE STORMS, THE PARKING WAS TOTALLY FLOODED. PEOPLE WERE BLOCKING EACH OTHER IN. TOW TRUCKS WERE BEING CALLED TO TOW PEOPLE AWAY. I SAW A SPOT AND I ACTUALLY THOUGHT THAT WAS A LEGAL SPOT, THERE'S NO SIGN THAT SAYS DO NOT PARK HERE. IT'S NOT BLOCKING A DRIVEWAY OR ANYTHING. I FEEL IT'S ENTRAPMENT.
THAT YOU SHOULD HAVE A -- I FEEL LIKE MULTIPLE PEOPLE ARE PARKING IN THAT SPOT AND WHY IS THERE NO SIGN, NO PARKING.
THERE'S NO DESIGNATED PARKING SPOTS.
THERE ARE NO LINES IN THAT PARKING LOT FOR THE BEACH THERE.
>> ANYTHING FURTHER? >> AND THE TIME OF THE TICKET, ON THE TICKET THAT I RECEIVED, I WAS NOT THERE.
THE TICKET HAS THE WRONG TIME ON IT.
>> IS THIS YOUR CAR? >> THAT IS MY CAR.
[01:25:02]
>> WHAT TIME DO YOU THINK THAT THE TICKET SHOULD HAVE BEEN
>> IT SAYS 11:55. >> THE TICKET SAYS 10 -- I DON'T
KNOW. >> I'M SHOWING 11:55 ON THE
PHOTO. >> WE CAN LOOK ON THE TICKET, IT
SHOULD BE IN THE PACKET. >> I DO HAVE THE PICTURE SOMEWHERE. TICKET SOMEWHERE.
>> IT'S JUST THE TIMING ON THE TICKET.
>> MR. STEINS, WAS THIS AN AMENDED CITATION? IT LOOKS LIKE YOU ORIGINALLY WROTE IF FOR A AND DID YOU AMEND
IT TO E AND SEND IT OUT TO HER? >> WHAT'S THE DIFFERENCE?
>> HE MAY HAVE PUT THE WRONG TIME ON IT.
IT MIGHT HAVE BEEN AN ERROR ON THE CITATION.
SO MA'AM, YOUR QUESTION WAS THE DIFFERENCE, I CAN READ SUBSECTION A & E TO YOU FROM THE CODE.
AND THEY'RE ONLINE NOW. I'M ASSUMING YOU RECEIVED THE
AMENDMENT TO SUBSECTION E. >> SO YOU DID YOU RECEIVE A
LETTER WITH THE AMENDMENT? >> DID YOU GET A TICKET WITH THAT SUBSECTION ON IT IN THE MAIL? OKAY, AND A, IT SAYS IMPROPER PARKING.
ANY VEHICLE PARKED IN A SINGLE PARKING SPACE ON ANY CITY OWNED PARKING GARAGE OR PUBLIC STREET OR PROPERTY SHALL BE MARKED WITHIN THE LINES FOR PARKING SPACE.
IT'S UNLAWFUL ACROSS ANY MARK TO PARK SUCH VEHICLE, THAT THE SAME SHALL NOT BE IN THE AREA DESIGNATED BY THE LINES FOR THAT PARKING SPACE. SUBSECTION E SAYS PARKING/LIMITED. WHEN SIGNS OR PAVEMENT MARKINGS INSTALLED, NO PERSON SHALL PARK A VEHICLE AT ANY TIME ON STREETS, SIDEWALK AREAS OR OTHER PLACES SO DESIGNATED IN A MANNER CONSISTENT WITH SIGNAGE OR PAVEMENT MARKINGS.
>> GOING IN THERE, THERE ARE NO SIGNS THAT SAY DON'T PARK HERE.
WHEN THE WHOLE PARKING LOT IS FLOODED, THERE ARE NO PARKING SPOTS THERE. AND I WAS THERE ON THE DAY AFTER THE STORMS, AND THERE WERE NO PARKING SPOTS.
AND I WAS TOLD THAT WELL, IF IT'S -- IF THE PARKING LOT IS FULL, THEN IT'S AT CAPACITY. OBVIOUSLY, THAT PARKING LOT DEFINITELY, THERE ARE A LOT OF PROBLEMS THERE.
>> ANYTHING FURTHER? >> MR. STEVENS?
>> NO, MA'AM, NOT AT THIS TIME. >> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND A VIOLATION EXISTS, AND THAT KATHLEEN MCKEN ISA RESPONSIBLE FOR THE VIOLATION.
ASSESS A $50 FINE WITH $10 ADMIN FEE FOR A TOTAL OF $60.
YOU HAVE 14 DAYS TO PAY, FAILURE TO PAY COULD RESULT IN THIS CASE BEING SENT OVER TO THE COUNTY COURT SYSTEM WHERE YOU WILL INSURE ADDITIONAL FEES AND COSTS.
YOU HAVE 30 DAYS TO APPEAL. YOU HAVE TO PARK BETWEEN TWO
>> HAVE YOU BEEN HERE ALL MORNING?
>> YEAH. >> HAVE YOU SEEN ALL THE PEOPLE
COMING UP HERE? >> WHY DON'T THEY PUT UP A SIGN TO PEOPLE DON'T PARK. IF THERE WAS A SIGN THERE, DO YOU THINK THAT I WOULD PULL IN THERE?
>> I DON'T KNOW WHAT PEOPLE THINK NOWADAYS.
>> IT SAYS NO PARKING, AND OBVIOUSLY THE WHOLE PARKING LOT
LOOKS LIKE A DISASTER AREA. >> I MADE THE SAME SPIEL 20 TIMES THIS MORNING, AND I WARN PEOPLE WHAT COULD HAPPEN BECAUSE OF THAT. YOU HAVE 30 DAYS TO APPEAL.
>> THANK YOU. NEXT CASE, MADAM CLERK.
>> OKAY. ALL RIGHT, I'M GOING TO GO WITH
23689, PARKING, WITH MICHAEL. >> GOOD MORNING.
>> GOOD MORNING, WERE YOU SWORN IN THIS MORNING?
>> YEAH. BUT I TRIED TO SPEAK THE OTHER
>> SPECIAL MAGISTRATE, DO YOU WANT US TO DO THAT NOW OR RECALL
THIS ONE? >> I THINK IF WE CAN GET A
CREOLE INTERPRETER, WE WILL. >> ON THE PHONE, YES, MA'AM.
>> DO YOU WANT TO DO IT LATER? >> WHATEVER YOU PREFER.
>> SHE'S DONE, SO I CAN JUMP TO ANOTHER ONE IF YOU LIKE.
[01:30:02]
>> LET'S CONTINUE THIS. >> TWO INTERPRETERS, WE CAN PUT
THEM TOGETHER IF YOU LIKE. >> ARE THEY BOTH CREOLE?
>> ONE IS SPANISH, AND THE OTHER IS CREOLE.
>> WE'LL HAVE TO CALL THEM BACK.
>> WE'RE GOING TO PASS YOU AND TRY TRO GET SOME PEOPLE OUT OF
HERE. >> ALL RIGHT, I'LL CALL YOU BACK. YOU CAN HAVE A SEAT.
[B. 22-2520 CE 202 Maple Ave Florentino Areyan Heather Debevec]
I'M GOING TO GO WITH CASE 22-2520, 202 MAPLE AVENUE,FLOORENTINO, AR YAN. >> GOOD MORNING.
>> ARE YOU SWORN IN THIS MORNING?
>> SPECIAL MAGISTRATE, I'M GOING TO PRESENT THIS.
THIS IS CASE NUMBER 22-2520 FOR 202 MAPLE AVENUE.
THE CASE WAS INITIATED SEPTEMBES OWNED BY MISS FLORENTINEO ARIANA. 2420, 2421, SUBSECTIONS OUTSIDE STORAGE. AND THE SAME SECTION, SUBSECTION, ABJECT PARKING ON OTHER THAN PAVE MANY.
ON JANUARY 11TH, 2023, THE SPECIAL MAGISTRATE FOUND THAT THE VIOLATION EXISTED AND ORDERED TO COMPLY, FINED 100 A DAY. ON FEBRUARY 3RD, THERE WAS AN AFFIDAVIT OF PARTIAL COMPLIANCE, BECAUSE THE PARKING OTHER THAN PAVEMENT WAS CORRECTED AND AT THAT TIME, IT WAS FOUND THAT THE OUTSIDE STORAGE WAS STILL ACTIVE AND AFFIDAVIT OF NON-COMPLIANCE WAS ISSUED. ON FEBRUARY 9TH, A LETTER NOTIFYING THE OWNER FOR ACCUMULATING OUTSIDE STORAGE WAS SENT TO THE OWNER AND WE RECEIVED A REQUEST FOR -- I'M SORRY, MARCH 2ND, THE PROPERTY WAS BROUGHT INTO COMPLIANCE, AND WE GRANTED ANOTHER OPPORTUNITY FOR A MASSIE HEARING, AND THAT WORK REQUEST WAS DONE ON JULY 10TH.
THE TOTAL FINES ACCUMULATED TO $2,730.
I DO NEED TO REVIEW THE CRITERIA REGARDING THIS MATTER.
WHICH DOESN'T WANT TO WORK TODAY.
>> THE SERIOUSNESS OR GRAVITY OF THE OF VIOLATIONS WERE MODERATE. AND MY AND ALL ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE OF VIOLATIONS, ALL ITEMS FROM REMOVED FROM THE YARD AND THE DRIVEWAY, AND BASED ON THE PARKING IN THE FRONT YARD AND IS THERE ANY PREVIOUS OF VIOLATIONS BY THE VIOLATOR AND THE ANSWER IS NONE.
WE HAVE THE ADMINISTRATION CHARGES THAT WE WANT TO REVIEW IN THIS MATTER. AND THE TOTAL ADMINISTRATION CHARGES COME IT JUST OVER $1,000.
THAT DOES INCLUDE THE 300-DOLLAR.
AND IT ALSO INCLUDES THE HARD COSTS WITH PROCESSING THIS CASE, SO THE ADMIN COSTS COME TO ROUGHLY $1,000.
AND THE TOTAL FINES ARE ONLY 2,700-DOLLAR.
>> I APOLOGIZE, DID YOU GO OVER THE MASSIE CRITERIA?
THANK YOU. >> DO YOU HAVE A SPECIFIC
RECOMMENDATION? >> STAFF WOULD RECOMMEND REDUCING THE AMOUNT TO $750. AND WE DO HAVE SOME COMPLIANCE
PHOTOS. >> DO YOU WANT TO LOOK AT THE
PHOTOGRAPHS BEFORE -- >> WE'LL MOVE THOSE IN AS THE
CITY'S COMPOSITE EXHIBIT ONE. >> THEY WILL BE ADMITTED AS
SUCH. >> DID YOU HAVE THE CHANCE TO DISCUSS WITH HER THE $750? ARE YOU IN AGREEMENT THE $750?
>> BASED ON, I WILL REDUCE THE FINES TO 750 DOLLARS.
HOW MUCH TIME DO YOU NEED TO PAY?
>> I CAN PAY BY FRIDAY. I CAN COME IN TOMORROW AND PAY
IT. >> I WOULD SAY MAYBE GIVE HER TWO WEEKS, 14 DAYS, JUST BECAUSE IF IT'S NOT PAID IN THE TIME YOU'RE GIVEN, IT REVERTS BACK TO THE ORIGINAL AMOUNT.
JUST IN CASE THERE'S AN ISSUE. >> SO THAT'S EVERYTHING.
[01:35:01]
>> I'LL GIVE YOU 14 DAYS TO PAY? >> THANK YOU SO MUCH.
>> AND IF WHAT YOU SAID IS ACCURATE, IF YOU DON'T PAY T. IT
GOES BACK TO THE ORIGINAL. >> I WILL PAY T.
[A. 22-1970 CE 326 N 15th St Errol Stewart, Errol Stewart Jr Heather Debevec]
>> THIS IS THE NEXT ONE. >> THE NEXT CASE, 22-1970, 326 NORTH 19TH STREET. ARROW STEWART, ARROW STEWART
JUNIOR. >> SPECIAL MAGISTRATE.
>> YES. >> OKAY, THIS IS CASE NUMBER 221970, ADDRESS, 26 NORTH 15TH STREET, OWNED BY EARLY STEWART AND EARLY STEWART JR., AND THIS IS A RECALL OF A MASSIE HEARING.
THE LAST TIME IT WAS PRESENTED TO YOU, THE PROPERTY WAS NOT IN COMPLIANCE, AND AT THIS TIME, I WOULD LIKE TO SUBMIT THE PHOTOS SO YOU CAN SEE THAT THE PROPERTY IS IN COMPLIANCE NOW, AND I THINK YOU WOULD BE INTERESTED IN SEEING THESE PHOTOS.
DO YOU HAVE THE CHANCE TO LOOK AT THE PHOTOGRAPHS? DOES ANYBODY WANT TO SEE THEM BEFORE THE SPECIAL MAGISTRATE
DOES? >> HAVE YOU ALL BEEN SWORN IN?
>> THEY WERE, AND SPECIAL MAGISTRATE, THERE'S A REPRESENTATIVE HERE TODAY TO HELP ASSIST WITH THE -- HE'S GOING TO SPEAK ON BEHALF OF THE OWNERS.
>> OKAY. >> WHILE THEY'RE LOOKING AT
THIS, REYES, THE ORM. >> WE'RE HERE FOR A MASSIE HEARING, AND I DO NEED TO WHEN I DISCUSSED THIS MATTER BEFORE THE HEARING THIS MORNING -- WITH THE OWNERS AND THE REPRESENTATIVE, THEY DID POINT OUT THAT WE MADE AN ERROR WHEN WE DID THE ORIGINAL NOTICE OF NON-COMPLIANCE, AND IT WAS DATED EARLY. SO THE AMOUNT OF THE BALANCE DUE THAT'S MARKED ON HERE OF 22 HUNDRED 32 DOLLARS IS INCORRECT.
AND I DID CORRECT THE RECORD. ANDEL BALANCE IS 18 THOUSAND 2 HUNDRED DOLLAR. HUNDRED DOLLAR FOR THE FINES THAT HAVE ACCUMULATED. SO THEY DID POINT OUT THAT WE MADE AN ERROR ON OUR DATES, AND I DID CORRECT THE RECORD.
SO THAT BALANCE DUE IS ACTUALLY 18 THOUSAND 2 HUNDRED DOLLAR.
I DO NEED TO REVIEW THE MASSIE CRITERIA.
>> BEFORE YOU DO, LET ME FOR THE PHOTOGRAPHS IN THE COMPOSITE
EXHIBIT ONE. >> SO TO CORRECT THE VIOLATION, THEY DID ADDRESS THE OPENINGS, AND AS YOU SEE IN THE PHOTOGRAPHS THAT WERE JUST PRESENTED THEY DID A VERY NICE JOB REPAINTING THE STRUCTURES THAT WERE BEING CITED AND WERE THERE ANY PREVIOUS VIOLATIONS AND THE ANSWER IS NO, NO PREVIOUS OF VIOLATIONS. AND WE DO HAVE THE ADMINISTRATION CHARGES TO REVIEW.
THE TOTAL AMOUNT OF THE FINES COME TO ROUGHLY 1 THOUSAND 376 DOLLARS. THAT DOES INCLUDE 650 DOLLARS OF WHAT STAFF LIKES TO CONSIDER SOFT COSTS, AND STAFF WOULD BE MAKING THE SAME RECOMMENDATION FOR 750 DOLLARS.
AND THE FINE IS 18 THOUSAND 2 HUNDRED DOLLAR.
AND THE STAFF IS RECOMMENDING REDUCING THAT TO THE ADMINISTRATION CHARGES OF 750 DOLLARS.
>> THIS IS PRIOR TO THE LIEN BEING ENTERED, BE CORRECT? SO ARE YOU ASKING THAT IT BE PAID IN WE SHOULD ASK MR. STEWART AND HIS REPRESENTATIVES IF YOU ARE IN
ADDITION? >> YES, YOUR HONOR, WE ARE, AND WE ARE ASKING FOR TIME TO BE GIVEN, BECAUSE THINK ARE STRAPPED FOR CASH NOW, AND THEY NEED TIME TO PAY THAT.
>> HOW MUCH TIME? >> WHY DON'T WE DO 60.
>> SO SPECIAL MAGISTRATE, WE'RE FINALLY REDUCING IT TO 750 DOLLARS TO BE PAID WITHIN 60 DAYS.
[01:40:02]
IF NOT A LIEN TO BE ENTERED IN THE ORIGINAL 18 THOUSAND 2 HUNDRED DOLLAR. THAT WILL GIVE YOU ALL 60 DAYSTO PAY THAT. >> BASED ON STIPULATION BETWEEN PARTIES, I WILL REDUCE THIS AMOUNT TO 750 DOLLARS, AND YOU HAVE 60 DAYS TO PAY, AND IF YOU DON'T PAY WITHIN THAT PERIOD OF TIME, IT'S GOING TO REVERT BACK TO THE 18 THOUSAND 2 HUNDRED DOLLAR. AND YOU HAVE 60 DAYS TO PAY.
>> THANK YOU. >> AND AFTER THE 60 DAYS, DO WE HAVE YOUR PERMISSION TO ENTER THE LIEN IF IT'S NOT PAID?
>> THANK YOU, YOUR HONOR. >> THANK YOU.
>> NOW I'M GOING TO DO THE PHONE.
WHICH ONE IS FIRST? >> JOIN THE SHOW.
[Z. 23-692PK South Causeway Park Luiz Lacerda Michael Rabenecker]
SO I'M GOING TO GO IN ORDER, 23-382, LOUIS IS GOING TO BE FIRST, AND THEN THE CREOLE AFTER.>> OKAY.
* This transcript was compiled from uncorrected Closed Captioning.