[1. CALL TO ORDER]
[00:00:14]
THE SPECIAL MANAGE STRAIGHT WHO WILL PRESIDE OVER THIS MORNING -- THIS AFTERNOON'S HEARING. YOU ARE HERE BECAUSE YOUR PROPERTY IS POSSIBLY IN VIOLATION OF A PARTICULAR CITY CODE OF ORDINANCE. YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT. FOR THOSE OF YOU WHO HAVE NOT DONE SO, I WILL CALL YOUR CASES SHO SHORTLY. LET'S SEE.
WE HAVE TRAFFIC CITATIONS THIS AFTERNOON, DO WE HAVE ANY?
>> YES, MA'AM. >>SPECIAL MAGISTRATE: THOSE OF YOU WHO WISH TO CONTEST A TRAFFIC CITATION, PLEASE BE ADVISED THAT IF YOU LOSE THAT ARGUMENT, YOU COULD INCUR ADDITIONAL GUYS AND COSTS. ALSO, WE ARE BEING RECORDED.
YOU ARE ON THE CITY OF FORT PIERCE POLICE STATION.
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.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
WITH LIBERTY AND JUSTICE FOR ALL.>>SPECIAL MAGISTRATE: PLEASE STAND FOR PLEDGE OF ALLEGIANCE
-- OR WE WILL SWEAR YOU IN. >> PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
WILL BE THE TRUTH? THANK YOU.WE ARE GOING TO START WITH THE IDENTIFICATION OF CASES IN COMPLIANCE AND RESCHEDULED. CASE 23-823, 1811 MELALEUCA DRIVE, KENNY. 23-2064, 00 BLOCK INDIAN RIVER DRIVE, COFFEY. 23-1568, SOUTH CAUSEWAY PARK,
CLAUDIO HILL. >> 23-1448, U.S. HIGHWAY SAMH ASA STORE.
23-1249, U.S. HIGHWAY 1, 23-1966, SOUTH CAUSEWAY PARK, CLARK. 23-1859, GODWIN.
23-1553, SOUTH CAUSEWAY PARK, HO HORTON. 3-887, NORTH INDIAN RIVER DRIVE, CRANE AND BOWEN. 23-944, SOUTH CAUSEWAY PARK, LAKE WORTH RAC. 3 IT-1466 SOUTH CAUSEWAY PARK, SADOWSKI. 23-1366, SOUTH CAUSEWAY PARK, DAVID TRIPP. 23-1560, SOUTH CAUSEWAY PA PARK, SPADAVECCHIA. 3-2159, SUNRISE BOULE BOULEVARD, MALINSKA. 23-1563, SOUTH CAUSEWAY PARK, PARKER. 23-1296, AVENUEA, EAST COAST LAND HOLDINGS. 23-1295, AVENUE A, EAST COAST LAND HOLDINGS. 23-978, SOUTH CAUSEWAY PARK.
CHISHOLM, 23-1818, SOUTH CAUSEWAY PARK, LONG.
12-2212 AURILLIA. 23-1564 SOSOUTH CAUSEWAY PARK CHARLESTON. 23-1556 SOUTH CAUSEWAY PARK, CARRION. ALL RIGHT.
[E. 23-1493 CE 411 N 2nd Street HOUSE THAT CIDER BUILT LLC Heather Debevec]
AND OUR FIRST CASE TODAY WILL BE 12-1493, 411 NORTH SECOND STREET. HOUSE THAT CSIDER BUILT LLC.>> SPECIAL MAGISTRATE, I SEE MR. NOELY HERE.
YOU CAN COME FORWARD. YOU HAVE RECUSED YOURSELF ON THIS PREVIOUSLY RELATED TO A BILLING DEPARTMENT CASE A
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DIFFERENT CASE. BUT YOU INDICATED YOU HAD A CONFLICT WITH YOUR SON WITH PIERCE SIDER.WE ASSUMED THAT YOU WOULD BE RECUSING YOUR SELF.
SO ANYONE WHO WAS INVOLVED WITH THAT COULD LEAD.
IF THAT IS YOUR INTENTION, WE WILL RESET IT WITH SPECIAL MAGISTRATE PELLETIER TO ADDITIONALLY A CODE REWRITE RELATED TO THIS CODE SECTION. AND THE NUMBERS HAVE CHANGED.
SO WE ARE GOING TO AMEND IT TO THE NEW CODE NUMBERING BASED ON THAT CODE AMENDMENT THAT OCCURRED.
BUT I FIGURED YOU WOULD RECUSE YOURSELF, BUT OBVIOUSLY THAT IS YOUR DECISION. YES, MA'AM.
>>SPECIAL MAGISTRATE: NO, I WI
WILL. >> NEXT DATE FOR SPECIAL
MAGISTRATE PELLETIER. >> CASE TO OCTOBER 13 AT 1:30.
>> WHEN DID THE CODE CHANGE. >> THE CODE REWRITE WITH THE NOISE AND ALL OF THAT, THAT WAS --
>> THAT I -- THAT I KNOW, BUT THIS IS SEPARATE THAN THAT,
JUST THE NUMBERING CHANGED. WHEN YOU GET EVERYTHING, YOU WILL HAVE THE NEW NUMBERING IN I
[A. 23-2212PK Jaycee Park Anthony Paradyse Michael Rabenecker]
NEXT CASE 2323-2212, JAYCEE PARK, ANTHONY PARADISE.[B. 23-2148PK Gulfstream Beach Access Linda Carter Michael Rabenecker]
>> I WILL GO PAY. >> NEXT CASE IS 23-2148, GULF STREAM BEACH ACCESS. LYNDA CARTER.
SO THE RECORD IS CLEAR MR. SPECIAL MAGISTRATE, I CAN HEAR THEM WHISPERING HE HAS ELECTED TO GO AND PAY.
>>SPECIAL MAGISTRATE: ALWAYS GOOD.
>> HI. >> GO AHEAD AND LET HIM START PRESENTING AND THEN YOU WILL HAVE A CHANCE TO SPEAK AFTER.
>>MICHAEL RABENECKER: GOOD AFTERNOON, YOUR HONOR.
>>SPECIAL MAGISTRATE: GOOD AFTERNOON.
>>MICHAEL RABENECKER: NEXT CASE IS 23-2148.
A PARKING CITATION THAT OCCURRED AT GULFSTREAM BEACH ACCESS.
CASE INITIATED JULY 22, 2023. THIS IS A CITATION APPEAL.
THE VIOLATION CAME BACK AS A LYNDA CARTER.
THE CITATION WRITTEN 2093, A PARKING VIOLATION OF 4-31L, PARKING IN THE CITY RIGHT-OF-WAY.
THE CITY IS REQUESTING THAT A $50 FINE BE ASSESSED AND ADMINISTRATION FEE FOR $10 WITH A TOTAL DUE OF $60.
THE SPECIAL MAGISTRATE FIERNDZ IT EXISTS, THE VIOLATOR WILL BE ASSESSED TO THOSE ABOVE. AND ACCURATELY
PORTRAY.VIOLATIONS. >> ARE YOU MISS CARTER.
DO YOU HAVE A CHANCE TO SEE THE PHOT
PHOTOGRAPH. >> AT THIS TIME, THE CITY WILL MOVE IN AS COMPOSITE CITY ONE, THE FOECHLT.
>> THEY WILL BE ADMITTED AS SUCH.
>>SPECIAL MAGISTRATE: ANYTHING FURTHER?
>>MICHAEL RABENECKER: NO, YOUR HONOR.
>>SPECIAL MAGISTRATE: HIS CARTER, HOW DO YOU RESPOND?
>> I NOTE LOOKING AT THE PHOTOGRAPHS AND THE REASON I'M HERE TODAY, THERE IS NOT A SIGN. THERE IS NOTHING TO INDICATE THAT IS NOT -- IF THERE HAD BEEN A SIGN, I MOST ASSUREDLY WOULD NOT HAVE PARKED THERE. IT WOULD HAVE BEEN MUCH EASIER TO PAY THE $50 TO SPEND MY TIME HERE TODAY.
BUT I DON'T FEEL IT IS VERY FA
FAIR. >> I CAN ASK FOLLOW-UP QUESTIONS OF STAFF, SPECIAL MAGISTRATE, IF YOU PREFER.
>> SO -- SHE WAS INDICATING TO ME --
>> I SEE THE STOP SIGN. >> YES, MA'AM.
>> THERE IS STILL NOWHERE THERE TO INDICATE THAT YOU ARE NOT
SUPPOSED TO PARK THERE. >> MR. RABENECKER, WHERE IS THE
SIGN TO THIS PARKING AREA? >>MICHAEL RABENECKER: THE -- THERE IS A SIGN ACKNOWLEDGING THAT THIS IS GULFSTREAM BEACH
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ACCESS, BUT THE PARKING SPACES ARE JUST -->> DO YOU HAVE A PHOTO OF THEM? A PHOTO OF THEM?
>>MICHAEL RABENECKER: OVER HERE WHERE THE AROW HERE, FOUR OR FIVE PARKING SPOTS BUT NO YELLOW LINES INDICATING THAT THESE ARE
VEIL I HAD SPARKING SPOTS. >> MY QUESTION TO YOU.
ARE THE SPARKING SPOTS IN THIS AREA MARKED --
>> THEY ARE CLEARLY MARKED OVER HERE TO THE RIGHT WHERE T
THE ARROW. >> ARE THERE ANY PARKING LINES INDICATING THERE ARE PARKING SPOTS WHERE THIS VEHICLE IS
PARKED? >>MICHAEL RABENECKER: NO, THERE
ARE NO LINES. >> I DON'T HAVE ANY OTHER QUESTIONS FOR HIM, SPECIAL MAGISTRATE.
I DON'T KNOW IF YOU DO. >>SPECIAL MAGISTRATE: NO, I DON'T. HOW DO YOU RESPOND?
>> THIS IS QUOTE, AIR QUOTES, MY BEACH.
I GO THERE OFTEN. I HAVE A DOWNTOWN FRIEND.
THERE WAS ONLY A EMPTY HANDICAPPED SPOT AND A CHOICE OF NOT GOING TO THE BEACH AND PARKING IN THE SPOT WHERE I PARKED MULTIPLE TIMES BEFORE AND NO INDICATION THAT YOU ARE NOT SUPPOSED TO PARK THERE. HAD THERE BEEN ANY KIND OF SIGN DON'T PARK THERE, I WOULD NOT HAVE PARKED THERE.
>> I AM SORRY, SPECIAL MAGISTRATE, I AM TRYING TO PULL UP THE COMPUTER TO READ TO YOU, BUT MY COMPUTER
COOPERATING. >> MR. RABENECKER, WHAT SECTION
WAS SHE VIOLATED UNDER. >>MICHAEL RABENECKER: 34-31L, PARKING IN THE CITY RIGHT-OF-WAY.
>> MISS ARRAIZ. PARKING ON RIGHT-OF-WAY, UNLAWFUL TO PARK ON ANY RIGHT-OF-WAY OWNED BY THE CITY, COUNTY OR STATE AS DESIGNATED PARKING SPACES OR PARKING LANES.
FOR PURPOSE OF THIS SECTION, THE TERM "RIGHT-OF-WAY" WILL BE THE DEFINITION IN 32-8. DEFINITION IN 2-8 FOR PUBLIC RIGHT-OF-WAY MEANS THE SURFACE AIRSPACE ABOVE THE SURFACE AND BELOW THE SURFACE OF ANY PARKING STREET, HIGHWAY, ALLEY, ROAD, BOULEVARD, CONCOURSE, FREEWAY, SIDEWALK, BRIDGE, TUNNEL, PARK, WATERWAY, DOCK, BULKHEAD, PUBLIC WAY OR ANY OTHER PROPERTY OF WHICH THE CITY HOLDS ANY PROPERTY INTEREST OF WHICH THE CITY EXERCISES ANY TYPE OF CONTROL AND MAY LAWFULLY GRANT ACCESS TO PURSUANT TO APPLICABLE LAW.
SO MR. RABENECKER, MY FINAL QUESTION TO YOU IS THIS.
CITY OWNED AND OR MAINTAINED LOT?
>>MICHAEL RABENECKER: YES, IT IS.
>> THANK YOU. >>SPECIAL MAGISTRATE: ANYTHING
FURTHER? >> ONCE AGAIN, I AM NOT SURE HOW SOMEONE IS SUPPOSED TO KNOW THAT.
>>SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT THE VIOLATION EXISTS AND LYNDA CARTER IS RESPONSIBLE FOR THE VIOLATION.
A $50 AND $10 ADMIN FEE WITH A TOTAL OF $60 PAID WITHIN 14 DAYS. YOU HAVE 30 DAYS TO APPEAL.
[D. 23-2142PK Jaycee Park James Glanzer Margaret Glanzer Michael Rabenecker]
>> NEXT CASE IS 23-2142, JAYCEE PARK.
JAMES GLANZER AND MARGARET GLANZ ES
MARGARET GLANZER. >>MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE BEFORE IS CASE 3-2142.
A PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK.
THE CASE WAS INITIATED JULY 22, 2023.
THIS IS A CITATION APPEAL. THE VIOLATORS IN THE CASE CAME AS A JAMES AND MARGARET GLANZER. THE CITATION WRITTEN IS 20082, PARKING VIOLATION OF CITY ORDINANCE 34-31,A, IMPROPER PARKING. CITY ASKING FOR A $50 FINE AND $10 ADMIN FEE FOR A TOTAL DUE OF $60.
THE CITY REQUESTS THAT IF THE SPECIAL MANAGE FREIGHT FINDS THE
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VIOLATION EXISTS, THE VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH FINE WILLRESULT IN IT BEING FORWARDED. >> ARE YOU THE GLANZERS?
>> YES, MA'AM. >> HAVE YOU HAD A CHANCE TO SEE
>>MICHAEL RABENECKER: ATTACHED IS THEIR CITATION APPEAL AND PHOTOS THEY INTRODUCED. SO AT THIS TIME, SPECIAL MAGISTRATE, THE CITY WILL MOVE THE PACKET IN WITH THE CITY'S PHOTOGRAPHS, THE RESPONDENTS' APPEAL AND PHOTOGRAPHS AS
EXHIBIT 1. >>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?
>>MICHAEL RABENECKER: NO, YOUR HONOR.
>>SPECIAL MAGISTRATE: HOW DO YOU RESPOND?
>> WE LIVE ON THE ISLAND. THE FIRST TIME WE USED THE RAMP IN THREE YEARS BECAUSE THEY WERE WORKING ON MY BOAT LIFT.
MY WIFE NEVER PARKED THERE. I NEVER PARKED THERE.
SHE REPORTED ME OFF IN THE BOAT AND I ASKED HER TO PULL THE TRUCK UP. SHE JUST PULLED INTO THE ONLY AVAILABLE SPOT ON THE RIGHT IN FRONT OF ANOTHER TRUCK BEHIND ANOTHER ONE BECAUSE THE CAR PARKS ARE IN THE LEFT AND DON'T IN IT OR DON'T WANT TO BLOCK THEM.
IF WE HAD KNOWN THERE WAS ADDITIONAL PARKING AT THE END WHERE THERE IS A FIELD, SHE WOULD HAVE TAKEN IT UP THERE, BUT NO SIGN THERE TO INDICATE THAT.
THE ONLY THING IT SAYS IS TRAILER PARKING FROM THIS SIGN UP. WHEN YOU LEAVE THE PARK, IT SAYS THERE IS ADDITIONAL PARKING AT THE END.
BUT IF YOU GOT THERE FOR THE FIRST TIME, YOU WOULD NEVER KNOW UNTIL YOU LEFT THE PARK THAT THERE WAS ADDITIONAL PARKING AT A FIELD AT THE END. IT DOESN'T INDICATE IT.
SHE PULLED INTO THE ONLY SPOT SHE COULD.
WE GOT BACK IN A COUPLE OF HOURS STILL PLENTY OF CAR PARKS ALL OVER THE PLACE. WE NEVER DID BLOCK ANYONE.
WE JUST PARKED IN THE ONLY SPOT AVAILABLE WITH OUR LONG RIG FOR A COUPLE OF HOURS WHILE THEY WORKED ON OUR BOAT LIFT.
AND, YOU KNOW, WE ONLY PARKED WHERE IT WAS AVAILABLE OUT OF EVERYBODY'S WAY THAT WE KNEW. WHEN WE LEFT, WE COULD SEE AT THE VERY END AND THEN THE PART BY THE STREET, THERE WAS ANOTHER LOT. AND IT SAYS ADDITIONAL PARKING, BUT IT DOESN'T INDICATE PULL OUT OF THE RAMP.
WE DIDN'T KNOW. AND SHE IS NOT EXPERIENCED WITH THAT. SO WE JUST PULLED INTO THE ONLY AVAILABLE SPOT WE COULD OUT OF EVERYONE'S WAY.
AND THAT IS WHAT WE WANTED TO LET YOU KNOW THAT WE WEREN'T -- WE ARE NOT HABITUAL CURB PARKER OR ANYTHING LIKE THAT.
WE NEEDED A PLACE TO PULL OVER FOR A COUPLE OF HOURS.
HAD WE EVEN KNOWN -- HAD IT BEEN INDICATED WE WOULD CERTAINLY TAKEN IT OUT TO THE FIELD AT THE END.
YOU KNOW, SO, SORRY. WE DID THE BEST WE COULD.
>>SPECIAL MAGISTRATE: OKAY. ANYTHING FURTHER?
>> I WOULD LIKE TO ADD SOMETHING BECAUSE I WAS THE ONE THAT DROVE THE TRUCK AND PARKED. WHEN I PULLED UP -- FIRST OF ALL, THE TRUCK AND TRAILER COMBINED ARE ABOUT 50 FEET.
SO IT IS A BIT INTIMIDATING FOR ME TO KNOW WHERE TO PARK IT, AS FAR AS -- I DIDN'T WANT TO GET SOMEWHERE WHERE I HAD TO TURN AROUND OR BACK UP. BUT HAVING NEVER USED THIS PARKING AREA, I PULLED UP. AND I SAW THAT THERE WAS A LONG -- ON THE LEFT SIDE, THERE WAS LOTS OF -- IT SAID BOAT TRAILER PARKING ONLY AND ALREADY PEOPLE IN SOME OF THEM AND SHORTER THAN MY UNIT. AND ONE RIG WAS HANGING OUT INTO THE PARKING LOT ALREADY. SO I KNEW MINE WOULDN'T FIT IN THERE. ON THE RIGHT, THERE IS TRAILER PARKING. A LONGER -- A LONG RIG PARKED UP AHEAD. AND THEN THERE WAS ONE WAY BEHIND HIM. AND IN THE MIDDLE OF THE TWO, THERE WAS A SPOT THAT I COULD PULL INTO.
SO I DID, BECAUSE I THOUGHT THAT IS WHERE TRAILERS WERE SUPPOSED TO PARK. DID NOT KNOW IT WAS CAR PARKING.
WASN'T MARKED CAR PARKING ONLY. DIDN'T SAY NO TRAILERS.
WHEN I PARKED BEHIND THE ONE RIG, I SAW A SIGN, WHICH YOU CAN SEE IN THE PICTURE THAT SAID SOMETHING.
I CAN'T READ IT FROM HERE. TRAILER PARKING.
AND AT THE BOTTOM OF THE SIGN, A LITTLE ARROW THAT POINTS FORWARD. I DID NOT SEE THE ARROW WHEN I PARKED THERE. THE OTHER TRUCK WAS BLOCKING IT.
I THOUGHT I WAS PARKED IN THE RIGHT SPOT BASED ON THE SIGNS.
THE LINES ON THE LOT ARE VERY FADED.
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SO IT'S NOT EASY TO KNOW WHERE YOU ARE SUPPOSED TO PARK.>>SPECIAL MAGISTRATE: ANYTHING FURTHER?
>>MICHAEL RABENECKER: NO, YOUR HONOR.
>>SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT THE VIOLATION EXISTS AND JAMES AND MARGARET GLANZER ARE THE PARTIES.
I WILL IMPOSE A FINE OF $50, $10 ADMIN FEE OF A TOTAL YOU TOO OF $60. IT MUST BE PAYABLE WITHIN 14 DAY DAYS. FAILURE TO PAY COULD RESULT IN THE TICKET BEING SENT OVER TO THE COUNTY COURT SYSTEM WHERE YOU COULD INCUR ADDITIONAL GUYS AND COSTS.
YOU HAVE 30 DAYS TO APPEAL. >> THANKS.
[E. 23-1977PK South Causeway Park Shanaaz Menckeberg Michael Rabenecker]
>> OUR NEXT CASE 23-1977, SOUTH CAUSEWAY PARK.
SHANAAZ MENCKEBERG. >>SPECIAL MAGISTRATE: WHEN YOU
ARE READY. >>MICHAEL RABENECKER: OKAY.
YOUR LONER, THE NEXT CASE BEFORE YOU IS CASE NUMBER 23-1977 PARKING VIOLATION THAT OCCURRED AT SOUTH CAUSEWAY PARK.
THE CASE INITIATED JULY 1, 2023. A CITATION APPEAL.
THE VIOLATORS IN THE CASE CAME BACK AS A SHANAAZ.
CODE SECTION 34-31 PARKING PROHIBITED AT ALL TIMES.
FINE OF 50, 10 ADMINISTRATION FEE AND TOTAL DUE $60.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS VIOLATOR WILL HAVE TO PAY THE TOTAL DUE.
AND FAILURE TO PAY WILL BE FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS THAT ARE DATE AND
TIME STAMPED. >> MA'AM, TELL ME HOW TO SAY
YOUR LAST NAME. >> MENCKEBERG.
>> DO YOU HAVE A CHANCE TO SEE THE PHOTOGRAPHS YET?
>> NO. >> DOES THIS ONE HAVE ANY APPEAL PAPERWORK. WAS THIS ONE AN APPEAL.
>>MICHAEL RABENECKER: YES, MA'AM.
>> I AM NOT SEEING IT ATTACHED ON THIS ONE.
DO YOU HAVE IT? >> DID YOU SEND AN APPEAL CONTESTING? I AM ASSUMING YOU WOULD LIKE THE SPECIAL MAGISTRATE TO SEE WHAT YOU HAVE A COPY.
>>MICHAEL RABENECKER: IT'S NOT IN THE END?
>> DOUBLE CHECKING. DID YOU HAVE YOUR OWN
PHOTOGRAPHS TOO? >> YES, BUT IT WASN'T FROM THE
THAT IS WHAT THROUGH ME OFF. I WAS LOOKING -- THERE ARE PHOTOS AT THE END. OKAY.
THESE ARE YOUR -- THIS ONE? >> YES.
>> OKAY. SPECIAL MAGISTRATE, WHAT IS IN THE PACKET IS THE CITY'S PHOTOGRAPH.
HER APPEAL. AND FOLLOWING HER APPEAL PAPERWORK ARE HER OWN PHOTOS AND MOVE THAT AS CITY'S COMPOSITE 1.
>> HOW DO YOU RESPOND? >> I DID NOT SEE ANY SIGNS IN THE AREA THAT SAY NO PARKING OR PARKING PROHIBITED AND MULTIPLE VEHICLES IS IN THE SAME SPOT WHERE MY CAR IS PARKED.
SOMEONE HAD PULLED OUT OF THERE AND I PULLED INTO THERE.
THE PHOTOS THAT I ATTACHED IS FROM WHEN I WENT BACK AT A LATER DATE TO PROVE THAT MULTIPLE CARS PARKED THERE ALL THE TIME.
I DIDN'T SEE ANY PARKING KICKS ON ANY OTHER VEHICLES.
NOT EVEN ON THIS DATE WHICH WHEN I ARRIVED THERE AND WHEN I LEFT THERE, THERE WERE VEHICLES TO THE LEFT AND RIGHT OF ME WITH NO
TICKETS. >>SPECIAL MAGISTRATE: ANYTHING
FURTHER? >>MICHAEL RABENECKER: NO YOUR HO HONOR.
>>SPECIAL MAGISTRATE: BASED ON THE EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTS AND THAT SHANAAZ IS THE PARTY RESPONSIBLE -- MENCKEBERG. YOU ARE THE PARTY RESPONSIBLE
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FOR THE VIOLATION. ASSESS A $50 FINE AND $10 ADMINISTRATION FEE TOTAL DUE OF $60 MUST BE PAYABLE WITHIN 14 DAY. FAILURE TO PAY COULD RESULT IN THE TICKET BEING SENT OVER TO COUNTY COURT WHERE YOU COULD INCUR ADDITIONAL GUYS AND COSTS. 30 DAYS TO APPEAL.>> OKAY. >>MICHAEL RABENECKER: THANK YOU,
[F. 23-2273PK 200 Blk Marina Way Louis Mundt Michael Rabenecker]
YOUR HONOR. >> OUR NEXT CASE 23-227 2 MOUNTAIN BLOCK MARINA WAY. LOUIS MUNDT.
GOOD AFTERNOON, YOUR HONOR. I HAVE PHOTOGRAPHS I WOULD LIKE TO INTRODUCE INTO EVIDENCE. GIVE YOU OR THE CLERK.
YOU DON'T WANT THE PHOTOGRAPHS PRIOR?
>> YOU HAVE TO MOVE IN AS EVIDENCE, BUT WE CAN TAKE THEM.
I CAN GO AHEAD AND MARK THEM FOR YOU SO WHEN IT IS TIME IT IS
MARKED AS AN EXHIBIT FOR YOU. >> VERY GOOD.
GOOD AFTERNOON, YOUR HONOR. MY NAME IS CRAIG --
>>SPECIAL MAGISTRATE: SIR, HOLD ON.
>>MICHAEL RABENECKER: LET ME PRESENT MY EVIDENCE FIRST.
>> JUST SO YOU KNOW. HE HAS THE BURDEN SINCE HE IS THE ONE THAT BROUGHT THE CITATION.
THAT IS WHY HE IS GOING TO GO FIRST AND THEN YOU CAN RESPOND
TO ANYTHING YOU WOULD LIKE TO. >>MICHAEL RABENECKER: YOUR HONOR THE NEXT CASE IS 23-2273. A PARKING VIOLATION THAT OCCURRED AT THE 200 BLOCK OF MARINA WAY.
CASE WAS INITIATED AUGUST 4, 2023.
A CITATION APPEAL. THE VIOLATOR CAME BACK AS A LOUIS MUNDT, CITATION 20221, 34 BE 31,E, PARKING PROHIBITED.
FINE FOR $50, ADMINISTRATION FEE OF $10 AND TOTAL $60.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR MAY ASSESSED THE TOTAL DUE AS INDICATED ABOVE. I HAVE PHOTOS THAT ARE TIME AND
DATE STAMPED. >> HAVE YOU SEEN OUR
PHOTOGRAPHS, SIR? >> I HAVE NOT.
>> OKAY. WE WILL SHOW THOSE TO THEM.
>> AT THIS TIME, THE CITY WILL MOVE THE PHOTOGRAPHS, AS WELL AS THE CITATION APPEAL PAPERWORK INTO EVIDENCE AS COMPOSITE
EXHIBIT 1. >>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER.
>>MICHAEL RABENECKER: NO, YOUR HONOR.
>>SPECIAL MAGISTRATE: NOW MR. MUNDT, YOU MAY PRESENT YOUR
YOUR HONOR. MY NAME IS CRAIG MUNDT, RESIDING FORT PIERCE. I APPRECIATE YOU LISTENING TO ME RESPOND. MY WIFE SUFFERS WITH CANCER, LOW FUNCTION AND A PERSON PASSES OUT REGULARLY.
ANY TIME OR PLACE FOR NO APPARENT REASON.
NO KNOWN CURE. HER PRIMARY CARE PHYSICIAN AND PHYSICAL THERAPIST HAVE BOTH TOLD HER SHE MUST BE IN A WHEELCHAIR WHEN LEAVING THE HOUSE.
WE HAVE HANDICAPPED PLACARD FOR OUR VEHICLES.
PASSING OUT IN PUBLIC AND AT HOME.
WE MADE FIVE AMBULANCE TRIPS TO THE EMERGENCY ROOM FROM LATE MAY TO JULY 5. TOTAL CHARGES WERE IN EXCESS OF $28,000. FORTUNATELY MOST OF WHICH WAS COVERED BY INSURANCE. ON THE LAST, SHE KNOCKED OUT TWO
[00:30:05]
TEETH, FRACTURED HER JAW IN TWO PLACES AND DID TMJ.HER MD JUST RELEASED HER LAST WEEK AND I GIVE YOU A FEW PICTURES TO SHOW WHAT HAPPENS WHEN SHE FALLS.
I NEED TO BE AT HER SIDE 24-7. THE AFTERNOON OF AUGUST 4, 2023, ABOUT NOON. MY WIFE AND I PICKED UP TJ SNYDER, THE WIFE OF THE NATIONAL NAVY SEAL PRESIDENT.
THEY HAVE BECOME CLOSE FRIENDS DURING MY MORE THAN TEN YEARS OF SERVICE ON THE SEAL BOARD OF DIRECTORS.
I DROVE THEM TO THE FRONT DOOR OF THE CRAZY FISH RESTAURANT IN DOWNTOWN FORT PIERCE. A SPARKING SPACE WAS AVAILABLE IMMEDIATELY IN FRONT OF THE RESTAURANT.
AND I PARKED. I GOT MY WIFE'S WHEELCHAIR OUT OF THE CARGO AREA OF MY SUV. I SET IT UP.
IT IS COLLAPSIBLE. I WHEELED IT AROUND TO THE PASSENGER SIDE AND HELPED MY WIFE OUT OF THE CAR INTO THE WHEELCHAIR. I WHEELED HER INTO THE RESTAURANT. ASSISTED HER OUTS OF THE WHEELCHAIR AND INTO A BOOTH SEAT.
MRS. SNYDER SAT OPPOSITE. TOLD MY WIFE TO CALL ME FOR PICK-UP WHEN ALMOST FINISHED DINING AND LEFT.
I RETURNED HOME ABOUT 15 TO 20-MINUTE DRIVE.
AROUND 2:30, MARY CALLED AND SAID THEY WERE ALMOST FINISHED AND TO COME PICK THEM UP. I GO TO THE RESTAURANT AND NO REGULAR PARKING SPACES AVAILABLE IN THE ENTIRE BLOCK.
AND THERE ARE NO HANDICAP SPACES MARKED IN THAT BLOCK T ALL.
I SAW AN OPEN SPACE WITH A SIGN THAT SAID NO PARKING, LOADING ZONE. TO MY FRAME OF MIND, PARKING IS INTENTIONALLY PUTTING A VEHICLE IN PLACE WITH THE PURPOSE OF LEAVING IT FOR AN EXTENDED PERIOD OF TIME.
LOADING ZONE MEANS A PLACE TO TEMPORARILY STOP AND LOAD OR UNLOAD SOMETHING. THE INTENT IS NOT TO REMAIN THERE FOR AN EXTENDED PERIOD. I PULLED INTO THE SPOT SHORTLY BEFORE 3 P.M. AND WENT INTO THE RESTAURANT.
THE LADIES WERE FINISHING THEIR BEVERAGES AND SETTLING UP THE BILL. I LOOKED AROUND AND ASKED FOR MARY'S WHEELCHAIR SO THEY PUT IT AWAY SO NOT TO OBSTRUCT THE AISLES, SERVERS AND PATRONS, TECHNICALLY, PROBABLY BECAUSE OF IRE CODES. THEY PAID.
I GOT MARY INTO HER WHEELCHAIR AND DEPARTED.
I GOT MARY TO THE FRONT PASSENGER SEAT.
T.J. IN THE BACK AND I WENT TO THE REAR OF THE CAR.
FOLDED THE WHEELCHAIR THAT WEIGHS ABOUT 35 POUNDS AND LIFT IT INTO THE CARGO AREA. I THEN WENT AROUND TO THE DRIVER'S SIDE AND SHOCKED WHEN I SAW THE VEHICLE HAD BEEN TICKETED. DIDN'T AN OFFICER PLAINLY SEE THE HANDICAP PLACARD AND WAIT AROUND FOR A FEW MINUTES AND WAIT WHAT WAS HAPPENING AND POSSIBLY ASK WHY I STOPPED THERE? I WAS MAD.
WE PUT MUCH INTO OUR COMMUNITY. SHOPPING AT THE JEWELERS.
EATING OUT REGULARLY AMONG THEM. MARY SERVES ON THREE LOCAL BOARDS INCLUDING THE OCEAN RESEARCH AND CONSERVATION ASSOCIATION AND YOUR FORT PIERCE ADVISORY COMMITTEE CHAIRED BY PILL THIES. AND ONE OF THE FIVE MEMBERS THAT BROUGHT DIRECTORSHIP YARDS TO YOUR PORT.
I SAT ON MANY BOARDS AND COMMITTEE INCLUDING THE COUNTY'S BUDGET COMMITTEE, SEAL MUSEUM AND REMAIN ON THE COUNTY AND PLANNING AND ZONING COMMISSION WHERE I HAVE BEEN FOR 16 YEARS.
I AM A VOLUNTEER WITH THE SHERIFF'S DEPARTMENT, A MEMBER OF THE 100, WHICH PROVIDES ASSISTANCE TO FIRST RESPONDERS AND THEIR FAMILIES. MARY IS A RETIRED ATTORNEY AND WE RESPECT THE LAW IN THE EXTREME.
I BELIEVE THE OFFICER NOT HAVING FULL INFORMATION MISJUDGED THE SITUATION AND THE MITIGATING CIRCUMSTANCES THAT COULD BE APPLIED. AND I WOULD LIKE TO QUOTE FLORIDA STATUTE, YOUR HONOR, 316.
316.19451-A-12-7-C. THAT STATUTE PERTAINS TO PARKING -- PARKING, STOPPING OR STANDING IN PROHIBITED AREAS.
THE CITY SAYS PARK A VEHICLE WHETHER OCCUPIED OR NOT EXCEPT TEMPORARILY FOR THE PURPOSE OF AND WHILE ACTUALLY ENGAGED IN LOADING AND UNLOADING MERCHANDISE OR PASSENGERS, WHICH I FEEL IS WHAT MY SITUATION WAS AT THE TIME.
I THANK YOU FOR THE OPPORTUNITY TO PRESENT MY CASE.
[00:35:03]
>>SPECIAL MAGISTRATE: DO YOU HAVE ANY QUESTIONS, COUNSELOR?
>> JUST BRIEFLY SIR. YOU GAVE ME PHOTOGRAPHS.
I MARKED THE PACT OF PHOTOGRAPHS FROM THE DAY OF RELATED TO WHERE YOU WERE PARKED AS YOUR EXHIBIT NUMBER 1.
THE OTHER PACKET IS PHOTOGRAPHS THAT ARE OF YOUR WIFE.
IF THESE ARE ADMITTED INTO EVIDENCE, THEY WILL BECOME PUBLIC RECORD TO WHERE EVERYONE WILL REQUEST THEM AND GET COPIES OF THEM. IT IS UP TO YOU IF YOU WANT PUT THIS WITH THAT. I DON'T HAVE AN ISSUE IF YOU WOULD LIKE THE SPECIAL MAGISTRATE TO LOOK AT THEM AND NOT BE ADMITTED AND YOU KEEP THEM SO THEY ARE NOT IN THE FILE FOR SOMEONE TO SEE. SO I WILL LEAVE THAT UP TO YOU.
>> THAT WOULD BE MY PREFERENCE TO HAVE THE JUDGE LOOK TO HAVE
THEM RETURNED TO YOU AND TO ME. >> YES, SIR.
I WILL MOVE ON EXHIBIT 1, HIS PHOTOGRAPHS OF THE PARKING ON THAT DAY. AND THE OTHER PACK AS A DEMONSTRATIVE AID TO DEMONSTRATE PART OF WHAT HE WAS TALKING ABOUT, AND I WILL RETURN THESE TO HIM.
>>SPECIAL MAGISTRATE: OKAY, ANYTHING FURTHER.
>>MICHAEL RABENECKER: YOUR HONOR, IF I CAN JUST ADD THE YELLOW ZONE OR THE YELLOW STRIPED LINES.
THE WHITE STRIPED LINES ARE FOR THE ALLEYWAY.
ANY VEHICLE BLOCKING -- PARKED IN THAT WHITE STRIPED LINE COULD POTENTIALLY BLOCK THAT ALLEYWAY WHERE VEHICLES CANNOT EXIT AND ENTER THE ALLEYWAY. AT THE TIME THE CITATION, I DIDN'T SEE ANYBODY ACTIVELY LOADING OR UNLOADING.
I WOULD HAVE TAKEN INTO INTO CONSIDERATION IF I SAW SOMEONE ACTIVELY LOADING OR UNLOADING. THAT IS ALL I WOULD LIKE TO ADD.
>> YOUR HONOR, MAY I ADDRESS THOSE ISSUES.
FIRST OF ALL, I MADE CERTAIN THAT I PARKED SO IS THE ALLEYWAY WAS NOT BLOCKED. IF YOU LOOK AT THE PHOTOGRAPH, IT IS COMPLETELY CLEAR. MY VEHICLE DOES NOT BLOCK IT IN
ANY MANNER WHATSOEVER. >>SPECIAL MAGISTRATE: OKAY.
ANYTHING FURTHER? >> THE ONLY OTHER THING, SPECIAL MAGISTRATE, ON THE SCREEN IN ADDITION TO THE PHOTOGRAPHS YOU SEE THE CODE SECTION 34-18, THE DEFINITION OF PARK OR PARKING.
AND IT IS QUITE SIMILAR TO WHAT THE RESPONDENT READ RELATED TO FLORIDA STATUTES THAT HE QUOTED. BU OUR DEFINITION OF PARK OR PARKING MEANS THE STANDING OF A VEHICLE, WHETHER OCCUPIED OR NOT AND TEMPORARILY FOR THE PURPOSE OF AND WHILE ACTIVELY ENGAGING IN HAD LOADED MERCHANDISE AND PASSENGERS.
>> I WAS IN THE RESTAURANT GETTING MY WIFE, YOUR HONOR.
IMPOSSIBLE TO REMAIN WITH A VEHICLE AND GO GET SOMEONE IN A WHEELCHAIR THAT IS IN AN IR INTERIOR FACILITY.
>> IF YOU JUST EXCUSE ME FOR ONE MOMENT.
>>SPECIAL MAGISTRATE: OKAY. >>SPECIAL MAGISTRATE: ANYTHING
FURTHER? >>MICHAEL RABENECKER: NO, YOUR
HONOR. >>SPECIAL MAGISTRATE: YOUR SITUATION IS UNFORTUNATE, BUT YOU CLEARLY ARE IN A SPOT NOT RESERVED FOR PARKING. SO BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AND THAT LOUIS MUNDT IS THE PERSON RESPONSIBLE.
A FINE OF $50, AN ADMINISTRATION FEE OF $10, PAYABLE WITHIN 14 DAYS AND FAILURE TO PAY SUCH A FINE COULD BE THE CITATION FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU MAY OR CAN INCUR ADDITIONAL GUYS AND COSTS. 30 DAYS TO APPEAL.
>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.
>> THANK YOU. >> OUR NEXT CASE 23-2444 SOUTH
[G. 23-2444PK South Causeway Park Ameenah Wright Troutman Michael Rabenecker]
CAUSEWAY PARK, AMEENAH WRIGHT TROUTMAN.>>SPECIAL MAGISTRATE: WHEN YOU ARE READY.
>> IS ANYBODY HERE FOR THAT ONE? LOOKS LIKE THAT ONE DID NOT
[00:40:07]
ARRIVE TODAY. SO WE WILL GO AHEAD AND SKIPOVER THAT ONE. >>MICHAEL RABENECKER:
RESCHEDULED THAT ONE? >> RESCHEDULE OR RECALL AT THE
END WITH NO SHOWS. >> IF SHE SHOWS BUT SHE IS NOT
HERE AT THIS TIME. >> WE WILL RECALL WITH THE NO
SHOWS. >>MICHAEL RABENECKER: OKAY.
[A. 23-1249 CE 1802 S US Highway 1 L & W RESORTS & ENTERPRISES OF FORT PIERCE LLC Heather Debevec]
>> YOU WANTON JUMP INTO VIOLATION CASES.
>>SPECIAL MAGISTRATE: WHEN YOU ARE READY.
>> GENTLEMEN, YOU CAN -- ARE YOU FOR THIS CASE? YOU CAN STAND AT THE PODIUM. SIT.
WHATEVER YOU PREFER TO DO. SINCE -- SPECIAL MAGISTRATE, HAVE THEM ID THEMSELVES SINCE A LLC OWNER.
>>SPECIAL MAGISTRATE: OKAY. >> SPECIAL MAGISTRATE, CASE
NUMBER -- >> TELL US YOUR NAME.
>> I AM WITH A SIGN COMPANY FIXING THE SIGN.
>> SORRY, HIS DEBEVEC. >> 23-1249 ADDRESS 1802 SOUTH HIGHWAY 1. CASE WAS INITIATED ON MAY 5TH OF THIS YEAR FOR ACCESSORY STRUCTURE.
REMOVING OF LINES. IT WAS REQUESTED THAT THEY OBTAIN A PERMIT TO REPAIR THE STRUCTURE THAT HOLDS THE AIR YELL SIGN AN TO REPLACE OR REPAIR THE FALLEN SIGN.
THE SPECIAL MAGISTRATE IF THEY FIND IT EXISTS TO OBTAIN A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
I AM AWARE THAT THEY HAD APPLIED FOR A SIGN PERMIT AND SOMETHING HAPPENED WITH BUILDING WHERE THIS HE HAD TO APPLY FOR ADDITIONAL INFORMATION. I DID HAVE ORIGINAL PHOTOS TO SUBMIT. FOR SOME REASON, THEY ARE NOT IN THE FOLDER. AND I HAVE CASE PHOTOS, IF YOU
WISH. >> ARE YOUR PHOTOS RECENT
PHOTOS? >>HEATHER DEBEVEC: GOING TO BE FROM AUGUST 31. I DON'T KNOW WHERE THE OTHER
ONES -- THEY WERE IN THE FOLDER. >> REAL QUICK IF I CAN SEE WHAT
WE HAVE. >> OKAY, SO THE AUGUST 31 AND LOOKS LIKE APRIL 27 OF THIS YEAR.
DO YOU WANT TO LOOK AT THAT AND MAKE SURE YOU ARE RIGHT.
>>HEATHER DEBEVEC: NO, I BELIEVE YOU.
>> CAN WE GO AHEAD AND SHOW THEM THE PHOTOGRAPHS, PLEASE.
>> I HAVE ADDITIONAL PHOTOS. I KNOW I PRINTED THEM OUT, PEG PEGGY.
>> SPECIAL PLAN STRAIGHT, I AM ASKING YOU NOT TO LOOK AT THE SCREEN UNTIL I SEE WHAT WE PUBLISH BEFORE I HAVE SOMETHING TO PUT IN. NEXT ONE, NEXT ONE.
WE DON'T HAVE THAT ONE. PRINT IT.
>> NO WORRIES, I WANT WHAT WE ARE MOVING INTO EVIDENCE IS WHAT WE HAVE UPLOADED FOR HER TO LOOK AT.
SHOW ME THE FIRST ONE AGAIN ONE MORE TIME.
OKAY. SO I AM ONLY GOING TO MOVE IN THESE TWO PHOTOGRAPHS AND SEE THE FIRST TWO PHOTOGRAPHS.
WE WILL MOVE THESE PHOTOGRAPHS IN AS COMPOSITE EXHIBIT 1.
[00:45:04]
>>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: ANYTHING FUR FURTHER?
>> NOT FROM THE CITY, MA'AM. >>SPECIAL MAGISTRATE: HAVE YOU APPLIED FOR THE PERMIT FOR THE SIGN?
>> YES, MA'AM. THE PERMIT AND THE BUILDING DEPARTMENT AND ENGINEERING ACCEPTED IT TO CORRECT THE SIGN
ISSUE. >> WE CONTACTED THIS COMPANY TO
DO THIS. >> WE HAVE ALL THE IN FFORMATIO HERE AND STAMPED BY THE BUILDING DEPARTMENT AND CODE COMPLIANCE -- THANK YOU. WE ARE WAITING FOR IT TO WORK THROUGH THE PROCESS TO UNDERSTAND THE CHANGE.
>> YOU APPLIED BUT HAVEN'T RECEIVED THE BUILDING PERMIT.
>> CORRECT, WE HAVE NOT RECEIVED THE BUILDING PERMIT.
BUT WE HAVE DONE THE ENGINEERING AND TECHNICAL DRAWINGS WHICH ARE
IN YOUR HAND. >> LOOKS LIKE YOU APPLIED TODAY.
>> YES. WE HAD TO DO THE ENGINEERING.
YOU SAY THE ENGINEERING WAS STAMPED YESTERDAY.
WE HAD TO HAVE THE SIGN SURVEYED.
SEE WHAT STEEL AND HAVE ALL THE ENGINEERING DOCUMENTS WRITTEN
UP, AS YOU CAN SEE. >> DO YOU WANT THESE MOVED IN AS AN EXHIBIT MEANING WE KEEP THEM IN THE RECORD?
>> ABSOLUTELY. >> SO I CAN MARK THESE FOR YOU AND I WILL MOVE IT IN ON THEIR BEHALF, SPECIAL MAGISTRATE AS
RESPONDENT EXHIBIT 1. >>SPECIAL MAGISTRATE: HOW LONG WILL IT BE BEFORE YOU GET THE WORK COMPLETED?
>> WHEN WE GET THE PERMITS. WE EXPECT IT WHEN WE GET THE PERMITS IN HAND. I WOULD SAY 30 DAYS AFTER PERMITS ARE APPROVED, IT WILL BE FINISHED.
WE HAVE TO BUILD THE SIGN, THE TOP SIGN, AND WE CAN'T DO THAT
UNTIL WE HAVE PERMITS IN HAND. >>SPECIAL MAGISTRATE: I AM GOING TO CONTINUE THIS UNTIL MY NEXT HEARING DOCKET.
>> OCTOBER 4 AT 1:30. >>SPECIAL MAGISTRATE: AND WE
WILL SEE WHERE YOU ARE. >> YES, MA'AM.
>>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS RESPONDENT EXHIBIT.
OKAY, GOOD LUCK. >> THANK YOU, APPRECIATE IT.
>> DO WE HAVE TO APPEAR IN COURT THAT DAY?
>>SPECIAL MAGISTRATE: YES. UNLESS --
>> YES, MA'AM. UNLESS -- YOU NEED TO SPEAK WITH MISS DEBEVEC. IF SHE FINDS THAT YOU COMPLIED BY THEN, THEN YOU WOULDN'T HAVE TO COME BACK.
IF IT IS NOT COMPLIED BY THEN, YOU WOULD HAVE TO COME BACK FOR
THAT HEARING. >> ALL OF US HAVE TO COME BACK?
>> WHOEVER WOULD LIKE TO APPEAR ON YOUR BEHALF, ON THE OWNER'S BEHALF, YOU WILL GET A NOTICE IN THE MAIL.
>> ONCE WE HAVE PERMITS, SET A INSTALLATION STATE AND COMMUNICATE THAT AND WE WILL BE GOOD TO GO.
THANK YOU VERY MUCH. APPRECIATE IT.
[D. 23-1032 CE 523 S US Highway 1 JULIO C DELGADO REYNA SAMPIERI Heather Debevec]
>> OUR IN EX-CASE 23-2022. >> WHY DO WE GET NERVOUS WHEN WE
ARE HERE? >> I GET NERVOUS SITTING UP
HERE. >> YOU GUYS LOOK PERFECT UP
HERE. >>SPECIAL MAGISTRATE: WHEN YOU
ARE READY. >> THIS IS CASE 23-1032.
523 U.S. 1. DELGADO AND SAMPRIR II EXTERIOR STRUCTURE. IPMC 304.1 EXTERIOR STRUCTURE AND IPMC 304.2 PROTECTIVE TREATMENT THIS OBTAIN A PERMIT FROM THE BUILDING FIRE DEPARTMENT TO REPAIR THE SIDES OF THE BUILDING AND PAINT THE BUILDING WHERE PAINT IS PEELING.
THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS VIOLATORS WILL BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND
COMPLETE. >> ARE YOU MISS DELGADO AND
MISS SAMPIERI. >> I AM COCOA HENDERSHOD AND I
AM THE PROJECT MANAGER. >> AND MY NAME IS JUAN GARCIA.
SHE IS THE OWNER OF THE PORT. >> THE OWNERS KNOW YOU ARE HERE TODAY AND ASKED TO YOU COME ON THEIR BEHALF.
>> YES. >> DO YOU HAVE A CHANCE TO SEE
THE PHOTOGRAPHS? >> I DON'T THINK I HAVE THE
PHOTOGRAPHS IN MY FILE. >> WILL YOU SHOW THE
PHOTOGRAPHS, PLEASE. >> MISS DEBEVEC, ARE YOUR
[00:50:31]
PHOTOGRAPHS DATE AND TIME STAMPED.>>HEATHER DEBEVEC: THEY ARE. >> DO THEY FAIRLY AND ACCURATELY DEPICT THE PROPERTY THAT YOU SAW IT AT THAT TIME?
>> WE ARE HAVING TECHNICAL PROPERTIES -- PHOTOS ARE SHOWING
UP FOR ALL OF OUR CASES. >> OKAY.
>> DO WE NEED TO TAKE A BREAK? WHAT WOULD YOU LIKE TO DO?
>> IF WE CAN MOVE FORWARD WITHOUT THEM.
I DON'T KNOW WHAT YOU WANT TO DO.
>> WOULD LIKE TO TAKE A BREAK. >> SO WE CAN WORK ON THAT.
>>SPECIAL MAGISTRATE: WE WILL TAKE A BREAK FOR A MINUTE.
>> WE ARE HAVING ISSUES GETTING THE PHOTOGRAPHS TO COME UP.
WE ARE GOING TO WORK ON THAT. >> WE WERE AT THE PHOTOGRAPHS.
MISS DEBEVEC, DO THE PHOTOGRAPHS ACCURATELY DEEFFECT THE PROPERTY
AS YOU ESTABLISHED IS IT. >> THEY ARE.
>> YOU HAD A CHANCE TO LOOK AT THE PHOTOGRAPHS.
>> YES. >> THE CITY WILL MOVE IN COMPOSITE EXHIBIT 1, THE PHOTO PHOTO PHOTOGRAPHS.
>>SPECIAL MAGISTRATE: WILL BE ADMITTED AS SUCH ANYTHING
FURTHER MISS DEBEVEC. >>HEATHER DEBEVEC: NO, MA'AM.
>>SPECIAL MAGISTRATE: STATE YOUR NAME.
>> COCOA HENDERSHOT. >>SPECIAL MAGISTRATE: WHERE ARE
>>SPECIAL MAGISTRATE: SIR, WHERE ARE WE WITH THE REPAIRS?
>> WE SIGNED A CONTRACT WITH A D SQUARE DESIGNS BECAUSE WE ARE BUILDING A CUBAN RESTAURANT THERE AND WE HAD A CONTRACT -- AN ESTIMATED CONTRACT SIGNED LAST YEAR.
WE GAVE ALREADY THE DEPOSIT TO DO D DESIGN THIS YEAR AND HE WAS SUPPOSED TO DRAW THE SURVEY AND THE FIRST-FLOOR PLAN AND THE ARCHITECT DRAWINGS, EVERYTHING ON IT.
AND I GUESS THAT TOOK FOREVER AND I DON'T KNOW WHAT ELSE TO SAY ABOUT THAT. AND WE RECEIVED THE LETTER OF VIOLATION, I CONTACTED HIM, AND HE SAYS THAT HE WAS GOING TO GET HIMSELF A DEVELOPMENT PERMIT WITH THE CITY SO THEY COULD START DOING THE DEMOLITION OR THE REPAIR AND TAKE CARE OF THE VIOLATION THIS WAS DONE ON THE 20TH OF THIS MONTH, BUT APPARENTLY -- I DON'T KNOW THAT THE CITY HAS -- HAVEN'T APPROVED
IT YET, I COULD SAY. >>SPECIAL MAGISTRATE: HAVE YOU
FOLLOWED UP WITH THE CITY? >> YES, I SPOKE WITH HEATHER LAST FRIDAY AND COULDN'T SEE ANYTHING IN THE COMPUTER EITHER.
I DON'T KNOW WHAT THE PROCEDURE IS OR HOW THE PROCESS GOES.
I HAVE A COPY OF WHAT HE SENT ME WITH THE PERMIT SAYS DEVELOPMENT
PERMIT REVIEW APPLICATION. >>SPECIAL MAGISTRATE: DO YOU KNOW IF IT HAS BEEN SUBMITTED, MISS DEBEVEC.
>>HEATHER DEBEVEC: NOT THAT I KNOW.
IT ISN'T IN THE SYSTEM. >> I DON'T KNOW IF YOU HAVE
ACCESS TO THE SYSTEM. >> I DO.
>> HOW LONG DOES IT TAKE? >> A LOT OF IT DEPENDS IF THE APPLICATION IS COMPLETE OR NEEDS REVISION, HONESTLY.
SO I WOULD LOVE TO GIVE YOU AN ANSWER, BUT IT JUST DEPENDS.
>> IT'S OKAY. >> BUT THE PROCESS THEY ARE SPEAKING ABOUT, SPECIAL MAGISTRATE, IS THE DPCR, THE PREPR PREPROCESS.
>> IT DOESN'T LOOK LIKE HE SUBMITTED ANYTHING.
>> MISS ARRAIZ IS LOGGING IN TO CHECK THE PERMITS.
>> WILL THAT BE WITH THE BUILDING DEPARTMENT, THOUGH?
>> SHE, BUT SHE HAS ACCESS TO TH
THAT. >> HEALTHY, CAN YOU LOOK UP THE PARCEL ID SO I CAN PULL THAT UP. WHISPER IT TO ME.
[00:55:31]
>> THERE IS NOTHINOTHIMG. THERE IS NOTHING -- NOT EVEN AN
APPLICATION SUBMITTED. >> DO YOU HAVE ANY DOCUMENTATION
SHOWING THE SUBMISSION? >> TOOK A PICTURE OFF OF HIS LAP LAPTOP.
>> SO THIS IS DATED 20. >> 23.
>> NO, NO, MA'AM, IT LOOKS LIKE 8/20/.
>> I WANTER IF THEY MADE A POO-BOO AND WHY IT HAVEN'T GONE.
OO-BOO AND WHY IT HAVEN'T GONE.
BOO-BOO AND WHY IT HAVEN' GONE.
DEVELOPMENT COMPLIANCE REVIEW APPLICATION.
I AM THINKING HE TOOK THE WRONG DATE BECAUSE IT DOESN'T EXIST IN 2013. I THINK THAT IS A HANDWINNER
>> I CAN TELL YOU IF HE SUBMITTED IT, IT IS NOT IN THE
SYSTEM YET. >> BECAUSE OF THAT? SEE ANY BUILDING SIGNATURES ON IT.
>> AN E-MAIL OF NICHOLAS DIMOLA TO DPCR@CITY OF FORT PIERCE.COM.
I HONESTLY DON'T KNOW THE ANSWER WHETHER THAT IS THE CORRECT E-M E-MAIL.
>> THERE IS NOTHING IN THE SYSTEM.
IT IS KIND OF HARD TO READ. >> I HAVE IT IN MY PHONE, IF YOU GUYS WANT TO EXPAND IT. IF SHE WANTS TO EXPAND IT.
>> YOU HAVE BEEN HERE PRE PREVIOUSLY?
>> NO, MA'AM. THIS IS THE FIRST TIME.
>>SPECIAL MAGISTRATE: ANYTHING FURTHER?
>> NOTHIN IN THE FILE BECAUSE HE HAVEN'T FILED ANYTHING.
I WILL CONTINUE THIS FOR ANOTHER 30 DAYS ON MY NEXT DOCKET.
>> OCTOBER 4. >> THANK YOU VERY MUCH, MISS
ROSS. >> YOU NEED TO GET ON HIM OR HER PAUSE NOTHING IS -- BECAUSE NOTHING IS IN THE RECORD.
>> I DID, AS A MATTER OF FACT, I DID -- AND YOU GUYS HAVE THAT IN THE FILE, I DID SEND HIM A -- AN E-MAILRECORD.
>> I DID, AS A MATTER OF FACT, I DID -- AND YOU GUYS HAVE THAT IN THE FILE, I DID SEND HIM A -- AN E-MAIL TELLING HIM OF THE VIOLATION AND THE REPAIRS AND ALL THAT GOOD STUFF.
THAT WE WERE COMING HERE TODAY TO SEE YOU AND ALL THAT.
AND HE JUST TOLD ME, YES, I AM ON IT.
SO, YOU KNOW, I AM JUST TRUSTING THAT HE DOES HIS JOB, BECAUSE HE HAS THE MONEY, YOU KNOW. BUT I APPRECIATE VERY MUCH THE
CONTINUATION. >>SPECIAL MAGISTRATE: ALL RIGHT,
OCTOBER 4, 1:30. >> OCTOBER 4.
THANK YOU SO MUCH. I HOPE YOU FEEL BETTER.
>>SPECIAL MAGISTRATE: THANK YOU. >> 1:30, RIGHT?
>> 1:30, YES. >> IF HE SHOWS UP BEFORE THEN,
HEATHER WILL TELL ME, RIGHT? >>HEATHER DEBEVEC: I WOULDN'T KNOW IF IT IS IN THE BUILDING DEPARTMENT.
[01:00:01]
>> YOU WILL NEED TO CONTACT HER. LET HER KNOW WHAT YOUR PROGRESS
IS. >> I CAN ALSO GIVE YOU THE PHONE
NUMBER IF YOU CAN KEEP ON THAT. >> THANK YOU SO MUCH.
>>SPECIAL MAGISTRATE: ALL RIGHT, GOOD LUCK.
>> MY PURSE WITH ALL MY -- >> OKAY.
[F. 23-1253 CE 1012 S US Highway 1 PEKING CHINESE RESTAURANT INC Heather Debevec]
NEXT ONE 23-1253, 1012 SOUTH U.S. HIGHWAY 1, PEKING CHINESERESTAURANT, INC. >> CASE IN AM 23-1253, 1012 SOUTH U.S. HIGHWAY 1, PEKING CHINESE RESTAURANT.
SIDEWALKS AND DRIVEWAYS. REQUESTED THEY OBTAIN A PERMIT THROUGH THE BUILDING DEPARTMENT TO REPAIR THELOT.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST VIOLATOR WILL HAVE 30 DAYS OR A FINE OF $100 PER DAY WILL BE ASSESSED. ADDITIONAL INFORMATION THAT THE CONTRACTOR HAD PROVIDED FOR THE BUILDING.
BUT I HAVEN'T HEARD ANYTHING BACK SINCE.
>> YEAH, I HAVE -- I HAVE CALLED THE VIOLATION RIGHT AWAY.
ARE YOU OKAY, SPECIAL MAGISTRATE?
>>SPECIAL MAGISTRATE: OKAY. >> CAN YOU TELL US YOUR NAME,
SIR? >> YES, THE VIOLATION, I --
>> WHAT IS YOUR NAME? >> MY NAME IS JOSEPH LEUNG.
>> YOU ARE THE REGISTERED AGENT FOR THE RESTAURANT?
>> I AM THE LANDTO OWNER, YEAH. >> GIVE US ONE SECOND AND YOU WILL HAVE A CHANCE TO TALK. MISS DEBEVEC, DO YOU HAVE
PHOTOGRAPHS OF THE VIOLATION? >>HEATHER DEBEVEC: YES, MA'AM.
>> HAS HE HAD A CHANCE TO SEE THE PHOTOGRAPHS?
HAVE YOU SEEN THE PICTURES? >> YEAH, THE --
>> HOLD ON ONE SECOND. YOU WILL HAVE YOUR CHANCE, I
>> WE WILL MOVE THOSE IN AS CITY COMPOSITE EXHIBIT 1.
>>SPECIAL MAGISTRATE: TO BE ADMITTED.
ALMOST THERE. KEEP HOLDING ON ONE MINUTE.
MISS DEBEVEC, ANYTHING FURTHER? NOW YOUR TURN, SIR.
>> OKAY, ABOUT THE VIOLATION. IT ALREADY HAS BEEN CORRECTED BUT THE PARKING LOT. I WENT TO THE BUILDING DEPARTMENT TO GET A PERMIT, AND WHAT THEY TOLD ME SOMEBODY NEEDS TO HAVE A GENERAL CONTRACTOR LICENSE.
SO I HAVE -- I HAVE CALLED OFFICER HEATHER TO GIVE ME EXTENSION. AND THEN I HAVE CONTRACT WITH ALCATE PAVING. ALREADY PAID A DEPOSIT AND WAITING FOR A PERMIT TO GET THE PARKING LOT DONE.
>> I NEED HIS PARCEL ID AGAIN. >> SIR, CAN I ASK YOU, WHAT IS -- WHERE IS YOUR PERMIT? WHAT IS HAPPENING WITH YOUR
PERMIT? >> I CAN'T PULL PERMIT SO I CALLED ALL COUNTY PAVING AND THEY ARE GOING TO REPAIR THE
WHOLE PARKING LOT. >> YOU DID NOT APPLY AT ALL BECAUSE YOU WENT TO A CONTRACTOR.
>> NOT ME, BUT THE COUNTY -- PAID A DEPOSIT.
WHAT WE DO IS WAITING FOR THE PERMIT TO REPAVE THE PARKING LO
THE. >> IF YOU GIVE US ONE SECOND,
SPECIAL MAGISTRATE. >> THERE IS A PERMIT.
>> FOR THE VIOLATION BEFORE US? SO WHAT STAFF OF IS INDICATING, SPECIAL MAGISTRATE, THE PERMIT HAS BEEN APPLIED FOR.
WORKING ITS WAY THROUGH THE APPLY PROCESS.
>>SPECIAL MAGISTRATE: HOW MUCH TIME WILL THAT TAKE ROUGHLY?
>> I DON'T KNOW, IT ALREADY HAS BEEN APPLIED.
AND HE -- WHAT HE TOLD ME ALL COUNTY, TAKES A WHILE.
AT LEAST A MONTH TO GET THE PERMIT.
>> A LOT OF IT DEPENDS IF THE PERMIT APPLICATION WAS COMPLETE OR IF THEY NEED MORE INFORMATION.
AND WE DON'T KNOW THAT UNTIL IT REACHES ALL THE DIFFERENT DEPARTMENTS. SO IT SOUNDS LIKE MAYBE THE INTENT IS TO CONTINUE. IF WE CONTINUE TO, THE NEXT -- WE SHOULD HAVE AN UPDATE AT THAT POINT IN TIME.
[01:05:03]
>>SPECIAL MAGISTRATE: WANT TO CONTINUE UNTIL OCTOBER.
>> KEEPING IN TRADITION WHAT WE HAVE DONE WITH THE LAST FEW, I THINK WE WILL PROBABLY CONTINUE AS WELL AND SEND IT TO THE
OCTOBER DATE. >> IF I MAY, IT HAS ONE STEP
>> IT IS ALMOST DONE. >>SPECIAL MAGISTRATE: CONTINUE
UNTIL OCTOBER 4, 1:30. >> YEAH, PROBABLY BEFORE THAT.
>>SPECIAL MAGISTRATE: YEAH, GET WITH MISS DEBEVEC THEY WILL START THE PARKING LOT. WAITING FOR THE PERMIT.
IF WE GET THE PERMIT THEY WILL DO ALL PARKING LOT.
>> STAY IN CONTACT WITH HEATHER. IF YOU GET ANYTHING DONE BETWEEN NOW AND OCTOBER 4, YOU WON'T HAVE TO COME BACK.
OTHERWISE, YOU WILL HAVE TO COME BACK ON THAT DATE, BUT YOU WILL
GET EVERYTHING IN THE MAIL. >> OH, OKAY.
IF BEFORE THE OCTOBER 4, THE PARKING LOT BEING DONE, AND I
HAVE TO COME BACK. >> IF IT IS DONE, YOU DO NOT HAVE TO COME BACK. BUT LET HEATHER KNOW THAT IT IS DONE SO SHE CAN TELL YOU THAT OFFICIALLY.
>> I HOPE TO GET IT DONE. >> YES, SIR.
>> THANK YOU. >>SPECIAL MAGISTRATE: GOOD LUCK.
>> THANK YOU. >>SPECIAL MAGISTRATE: NEXT CASE.
[A. 22-843 CE 1410 N 25th St FT PIERCE COMMERCIAL PROPERTIES LLC Heather Debevec]
>> NEXT CASE 22-843, 1410 NORTH 25TH STREET FORT PIERCE
COMMERCIAL PROPERTIES LLC. >> GOOD MORNING.
>> SIR, TELL US YOUR NAME PLEASE.
>> JAY GAWALE. >> YOUR RELATIONSHIP TO THE
PROPERTY? >> I AM THE LANDLORD.
>> SPECIAL MAGISTRATE, I WILL READ THIS IN.
22-843 FOR 1410 NORTH 25TH STREET, FORT PIERCE COMMERCIAL PROPERTIES LLC. THIS CASE MARCH 12, 2022.
THIS IS FOR A MASSEY HEARING. FINES HAVE ACCUMULATED ON THE PROPERTY AND NO LIEN HAS BEEN FILED.
SECTION 24-19, MAINTENANCE OF NUISANCE ON PROPERTY PROHIBITED.
NUISANCE AS AN OBJECT. IPMC 304.2 PROTECTIVE TREATMENT.
IPWC 302.3 SIDEWALKS AND DRIVEWAYS SECTION 1173B, REMOVAL OF SIGNS. ON NOVEMBER 2, 2022, SPECIAL MAGISTRATE ROSS FOUND THE OWNERS IN VIOLATION AND GAVE THEM 30 DAYS TO COMPLY OR FIND $100. THE MASSEY LETTER SENT FEBRUARY 1. AND THEN FEBRUARY 8, MASSEY REQUEST WAS RECEIVED. THE PROPERTY WAS NOT IN COMPLIEBS AND MATTER CONTINUED FOR SEVERAL MONTHS.
I WILL NEED TO LOOK UP THE AMOUNT DUE.
THE INSPECTION WAS DONE YESTERDAY AFTERNOON.
AND HEATHER, IF I CAN JUST CONFIRM THE PROPERTY WAS FOUND IN COMPLIANCE YESTERDAY AFTERNOON, CORRECT?
>>HEATHER DEBEVEC: YES, MA'AM. >> AS OF YESTERDAY, WE DID FIND THE PROPERTY WAS IN COMPLIANCE. IF YOU GIVE ME JUST ONE MOMENT, BECAUSE I WAS IN HEARINGS ALL MORNING AND I DIDN'T HAVE A CHANCE TO UPDATE THE AMOUNT. IF YOU GIVE ME ONE SECOND, I WILL GET THAT FOR YOU. SO THE AMOUNT OF THE FINES ARE $24 $24,400.
THERE ARE SOME ADMINISTRATION GUYS ON TOP OF THAT.
>> CAN YOU TELL ME THAT NUMBER, PLEASE?
>> I AM WORKING ON IT. I WILL GIVE YOU THE TOTAL WITH THE RECORDING GUYS ON TOP. IT'S THINKING.
THINKING. $24,400 IS AND ROUGHLY $40 IN
RECORDING GUYS. >> BECAUSE THE NONCOMPLIANCE WAS SCHEDULED I DON'T HAVE ANY ATTACHMENTS BECAUSE NO ADMINISTRATION GUYS OR ANYTHING TO COMPUTE BECAUSE THE PROPERTY WAS NOT IN COMPLIANCE WHEN THIS WAS PUT ON THE AGENDA.
>> SO THE TOTAL -- >>SPECIAL MAGISTRATE: YOU CAN
CONTINUE IT. >> $24,420 AT THIS TIME.
[01:10:07]
>> ARE YOU REQUESTING A LIEN BE ENTERED FOR THAT AMOUNT.
WHAT IS YOUR REQUEST. >> A RECOMMENDATION WILL CHANGE BECAUSE FOUND IN COMPLIANCE YESTERDAY.
I BELIEVE THE OWNER IS HERE TO DISCUSS THAT? I DON'T HAVE A RECOMMENDATION AT THIS TIME.
>> SO WE HAVE NOTHING FURTHER. YOUR TURN, SIR.
FIRST OF ALL, IT HAS BEEN A LOT OF CONFUSION WITH THIS CASE.
AND THIS WHOLE THING WAS NOT TREATED FAIRLY WITH ALL DUE RESPECT, INCLUDING LAST MEETING I WAS HERE, WHICH I DROVE HOUR AND A HALF AND WAITED HOUR AND A HALF AND DIDN'T GET THE OPPORTUNITY TO SPEAK. AND CALLED AND SAID AND SPOKE WITH SOMEBODY ABOUT IT. FIRST THING, THE PROPERTY HAS BEEN IN COMPLIANCE ACCEPT FOR THE PARKING LOT.
AND THAT HAS BEEN OUT OF MY CONTROL.
ONE THING I WANT TO BRING TO YOUR ATTENTION, AGAIN, NOT EVERYTHING WAS MENTIONED. I GOT A LETTER THAT IS STATING THAT I AM IN VIOLATION OF LANDSCAPING AND THE PARKING LOT AND ALL THAT ON NOVEMBER 2 DATED.
AND I HAVE ANOTHER ONE DATED THE SAME DATE NOVEMBER 2 STATING I AM IN COMPLIANCE. THESE TWO LETTERS.
ALSO I HAD SEVERAL TO YOU, YOUR HONOR, BACK THEN A LETTER FROM A CONTRACTOR STATING THAT THERE HAS BEEN A SHORTAGE IN CONCRETE AND THE CONCRETE IS EXPECTED TO BE IN SOME TIME IN THE MIDDLE OF FEBRUARY. THE FINES STARTED HAPPENING ON FEBRUARY 1. WHEN YOU GRANTED ME TIME UNTIL THE CONCRETE COMES WHICH THEY EXPECTED IT IN MID-FEBRUARY.
AND IT IS NOT JUST GOING TO COME MID-FEBRUARY.
I AM FIRST ON THE LIST AND THEY DROP IT.
I CAME BEFORE YOU AND TRIED TO GET MORE TIME.
UNFORTUNATELY, MY NAME WAS THE LAST ONE, ALMOST LIKE TODAY, AND THE LADY BEFORE ME TOOK 45 MINUTES OF YOUR TIME.
ALL FRUSTRATION TO EVERYBODY. AND I DIDN'T GET AN OPPORTUNITY TO SPEAK. YOU DID TELL ME LAST TIME YOU WERE GOING TO STOP THE FINES IN THE MIDDLE OF THE HEARING.
AND GIVE ME TIME TO FIX THINGS. AND THEN AT THE END MISS HEATHER ASKED YOU ABOUT THE FINES, AND YOU PUT THEM BACK ON ME.
MAYBE YOU DIDN'T REALIZE YOU TOLD ME YOU WERE GOING TO STOP THEM. WHAT ELSE I HAVE TO SAY.
OF COURSE, I WROTE A COUPLE OF NOTES.
WHEN I SPOKE WITH HEATHER -- MISS HEATHER ABOUT WHY THEY SAID THAT THE PROPERTY IS NOT IN -- NOT IN COMPLIANCE WHEN EVERYTHING IS IN COMPLIANCE BUT THE PARKING LOT, SHE SAID IT IS ALL CONSIDERED AS ONE FINE. I BELIEVE IT SHOULD HAVE BEEN BROUGHT TO YOUR ATTENTION THAT EVERYTHING WAS FIXED EXCEPT THE PARKING LOT. I DO HAVE ESTIMATES FROM COMP COMPANIES.
THREE COMPANIES FOR THE PARKING LOT, CONCRETE PARKING LOT.
AND THEY WERE ALL LIKE $80,000 AND $100,000.
I WANTED TO SHOW THEM TO YOU. ALSO I WOULD LIKE TO LET YOU KNOW THAT I DID PURCHASE THE PROPERTY NOT TOO LONG BEFORE I WAS APPROACHED BY MISS HEATHER AND I NEGOTIATED WITH THE PROPERTY OWNER BEFORE AND I HAVE PICTURES I WAS TRYING TO SHOW YOU LAST TIME FROM MY CELL PHONE, ALL DATED SIX YEARS BEFORE THE -- YOU KNOW, THIS WHOLE THING STARTED.
AND IF YOU MATCH THE PICTURES WITH THE CURRENT PICTURES, WHICH IT DOESN'T MATTER NOW, EVERYTHING LOOKED THE SAME.
SO I AM NOT TRYING TO SAY THIS IS SELECTED ENFORCEMENT, BUT BECAUSE OF THE CIRCUMSTANCES AND SHORTAGE OF CONCRETE AND NOBODY REALLY WANT TO WORK. I SHOULD HAVE BEEN WORKED WITH IN A BETTER WAY THAN JUST BEING PRESSED ALL THE WAY.
I DID -- I DID WANT TO FIX IT. I HAVE ALL THE BITS.
AND I HAVE BEEN ON THE WAITING LIST.
I GAVE UP AND I ENDED UP GETTING SOMEBODY FROM WEST PALM BEACH TO FIX IT -- TO DO THE PARKING LOT. I DON'T KNOW ABOUT THESE TWO LETTERS. ONE OF THEM SAYS I AM IN COMPLIANCE. ONE OF THEM SAY I AM IN VIOLATION. BOTH DATED THE SAME DATE.
I CAN SHOW THEM TO YOU. SORRY, ONE SECOND, PLEASE.
I MEAN I DON'T HAVE MUCH TO SAY AND YOU DID GRANT ME AND THE FINES HAVE STOPPED A COUPLE OF MONTHS AGO IF THEY ARE CONTINUING NOT FROM THE LAST HEARING BECAUSE WE WERE SUPPOSED TO BE BEFORE YOU A COUPLE OF MONTHS AGO AND MY OFFICE DID CALL CITY OF FORT PIERCE TO CHECK ON THE STATUS, AND TO TRY
[01:15:06]
TO MAYBE GET AN EXTENSION BECAUSE I WAS FEELING SICK AND I DIDN'T KNOW IF I HAVE CORONA HIS OR HER NOT.THEY TOLD MY OFFICE THAT MY CASE WILL PROBABLY BE PUT ON HOLD BECAUSE THE INSPECTOR WAS OUT OF TOWN.
I AM NOT SURE WHICH MONTH IS THAT.
THE INSPECTOR RIGHT HERE. MAYBE YOU CAN CONFIRM.
YOU CAN CONFIRM FROM MISS HEATHER SINCE DAY ONE.
I HAVE COMMUNICATED WITH HER. I EXPRESSED TO HER THAT I CAN'T FIND NOBODY TO DO THE WORK, ESPECIALLY WITH THE CONCRETE, YOU KNOW. AND -- YOU KNOW, THE LETTER HERE DOES SAY THEY EXPECT IT MIDDLE OF FEBRUARY.
FEBRUARY 1, THE CONCRETE START. START FINING ME.
IT IS NOT FAIR. CONCRETE IS NOT GOING TO MAKE IT IN TOWN 15 DAYS EARLIER AND DROP ON MY PARKING LOT.
TRYING TO ENHANCE IT. AND I AM BEING ATTACKED IN ALL KIND OF WAY. AND I HAVE BEEN WORKING WITH MISS HEATHER, EVERYTHING WAS DONE BUT THE PARKING LOT OUT OF MY CONTROL. A LOT OF THINGS OUT OF MY CONTROL. AND WE HAVE BEEN WEARING MASKS FOR THREE YEARS AND THAT HAS BEEN TOO LONG, BUT WE HAVE TO WEAR IT, YOU KNOW. I DO WANT TO SAY ONE THING THAT HAS BEEN BOTHERING ME FOR SEVERAL MONTHS.
FIRST TIME WHEN IT GOT PRESENTED, THE CASE, MISS CLERK SAID DISCREPANCIES IN THE LETTER BECAUSE IT HAS A STREET ADDRESS AND SOME HAS THE P.O. BOX WHICH IS VICE VERSA.
FIRST OF ALL, I AM A GENTLEMAN BUSINESSMAN.
NOT ONLY IN FORT PIERCE. SO I MAKE THE LETTER FROM -- FOR NOT FRAUD AND NOT MADE-UP LETTER.
NOT MADE-UP COMPANY BECAUSE YOU SAY YOU CHECKED IT OUT.
I DON'T KNOW ABOUT THE DISCREPANCY.
BECAUSE SOME OF THE BIGGEST COMPANIES HAVE P.O. POX ADDRESSES AND STREET ADDRESSES. THE BIGGEST GOVERNMENT AGE AGENCY, IRS. WE MAIL OUR TAX CHECKS, THEY GO TO A P.O. BOX. I UNDERSTAND WHATEVER YOU DECIDE, MA'AM. I RESPECT, BUT EVERYTHING WAS OUT OF MY CONTROL WITH THIS. AND ALL CONCRETE RELATED.
NOW IT LOOKS GOOD. AND I HAVE SEEN ALL THE PICTURES BEFORE WHICH HAS BEEN SEVERAL YEARS AND NOW LOOKS SO GOOD AND I WENT THE EXTRA MILE. I DON'T SEE NO PICTURES BEING DISPLAYED FOR YOU. SO.
I RESPECT YOUR DECISION. I JUST THINK THE WHOLE THING
WASN'T FAIR FROM -- >>SPECIAL MAGISTRATE: SIR, I DON'T NEED TO HEAR THAT. YOU SAID THAT SEVERAL TIMES.
>> YOU DON'T LET ME SPEAK AT ALL, LAST TIME.
I FEEL LIKE I WAS TREATED WRONG. >>SPECIAL MAGISTRATE: YOU THINK EVERYBODY IS TREATING YOU WRONG. BUT THAT'S NOT WHY WE ARE HERE.
THE PROPERTY WAS IN VIOLATION. >> I STILL FEEL I HAD A RIGHT TO
SPEAK LAST TIME. >>SPECIAL MAGISTRATE: YOU DIDN'T GRANT THAT RIGHT? WERE COMPLAINING THEN.
>> I DIDN'T STOP. TWO TIMES YOU TOLD ME TO SHH.
>>SPECIAL MAGISTRATE: YOU ARE TALKIN NOW LIKE YOU DID THEN.
>> SPECIAL MAGISTRATE, I AM LOOKING BACK THROUGH THIS R RECORD. LOOKING AT THE TRANSCRIPT FROM THE MARCH HEARING DATE AND APPEARS TO BE IN MARCH FROM THE TRANSPLANT THAT I CAN SEE ON OUR WEB SITE, YOU SAID THAT THE FINES WERE TO CONTINUE. I CAN PLAY THE AUDIO TO LISTEN TO THAT FROM MARCH. MARCH 15, 2023.
WHAT I CAN SEE IN THE WRITTEN TRANSCRIPT ON THE VIDEO THE FINES WERE SAID TO CONTINUE. ARE YOU REFERRING TO A DIFFERENT
MAY I ANSWER? WHEN I STARTED TO EXPLAIN TO MADAM CHAIR THE SITUATION, SHE TOLD ME JUST STOP.
YOU ARE TO STOP THE FINES. AND LATER ON BEFORE I LEFT, MISS HEATHER ASKED YOU, WHAT ABOUT THE FINES.
AND THAT'S HOW IT STARTED AGAIN. I AM REFERRING TO THE SAME MEETING. AND I BELIEVE MISS HEATHER REMEMBER BECAUSE I ASKED HER ABOUT IT IN THE HALLWAY.
>> SO WHERE WE ARE AT, SPECIAL MAGISTRATE, HIS PROPERTY IS IN COMPLIANCE. SO ESSENTIALLY WE CAN AGREE TO A NUMBER THAT HE PAYS TODAY. HE CAN HE ASK FOR IT TO BE REDUCED IN WHICH CASE IT WOULD BE UP TO YOU WHETHER TO REDUCE THE $24,000-PLUS. AND THEN WE WOULD BE IN THE POSTURE OF A LIEN BEING ENTERED. SO IF THERE IS A NUMBER THAT YOU WOULD LIKE TO REQUEST OF STAFF TO REDUCE ALL OF YOUR FINES AND FEES TO, MISS ARRAIZ IS THE ONE TO MAKE THAT DECISION.
[01:20:04]
CURRENTLY $24,420, IF MY MEMORY IS CORRECT.IS THERE AN AMOUNT YOU ARE REQUESTING THAT IT BE REDUCED
IT ISES IN YOUR DECISION AND I HAVE TO RESPECT WHAT YOU ALL DAY. BUT I TRIED TO EXPLAIN THAT A LOT OF THE FINES WASN'T FAIR. AND I AM NOT TRYING TO GET OUT OF IT ZERO. BUT IF WE LOOK AT THE CIRCUMSTANCES, WHEN IT STARTED, WHEN IT ENDED .WHEN IT STOPPED.
A LOT OF IT SHOULD BE WAIVED. I RESPECT.
>> I AM GOING TO KIND OF MEDIATE.
MISS ARRAIZ, A NUMBER YOU WOULD LIKE TO GIVE TO HIM FOR WHAT YOU
ARE WILLING TO ACCEPT? >> YES.
SPECIAL MAGISTRATE IF THIS HAD BECOME A LIEN, WHICH IT IS NOT.
IT IS A COMMERCIAL PROPERTY. STAFF HAS AN AUTHORIZATION THROUGH THAT PROCESS TO REDUCE ALL LIENS TO $10,000.
THIS DID NOT GO TO A LIEN. SO WE HAVE A LOT MORE FLEXIBILITY TO DO THAT. SO A RESIDENTIAL PROPERTY, IF IT WAS A LIEN, WOULD BE A $5,000. BECAUSE THERE IS NO LIEN AROUND FLEXIBILITY, REDUCE $24,4 HAD 20 TO $5 T,000.
>> DO YOU WANT TO AGREE FOR THAT OR ASK FOR A DIFFERENT NUMBER? YOU ARE KIND OF OPENLY NEGOTIATING WITH EACH OTHER.
>> I APPRECIATE THAT. WITH PREVIOUS HISTORY WITH DIFFERENT CITIES DO BETWEEN 5% AND 10%.
IF WE CAN GO ANYWHERE IN THAT NUMBER, I WOULD APPRECIATE IT VERY MUCH. AND I AM SORRY IF YOU TOOK ME THE WRONG WAY. I WAS JUST FRUSTRATED TRYING TO DISPLAY MYSELF. NO DISRESPECT INTENDED.
>> WE CAN GO 3,000. >> MISS ARRAIZ WILL GO $3,000.
>> ARE YOU GOOD WITH THAT NUMBER?
>> YES, MA'AM. >> FINES AND GUYS BE REDUCED TO $3,000. HOW LONG DO YOU HAVE TO PAY
THAT, SIR? >> I CAN BRING YOU A CHECK TODAY AND TOMORROW TO THE CITY. CAN IT BE MAILED?
CAN WE MAIL A CHECK? >> I DON'T KNOW IF YOU CAN MAIL IT, BUT WHAT WE CAN DO IS GIVE YOU 30 DAYS TO PAY IT.
>> THAT'S FINE. >> WHAT WOULD HAPPEN IF NOT PAID IN 30 DAYS ASK FOR A REVERSION AND BACK TO THE $24,420.
>> I UNDERSTAND. >> YOU ARE OKAY WITH ALL OF
THAT. >> MY OFFICE MANAGER COMMUNICATED WITH PEOPLE AND WILL TAKE CARE OF IT FIRST THING
TOMORROW. >> $3,000 PAYABLE WITHIN 30 DAYS. GOOD WITH THAT?
>> YES, MA'AM. >> MADAM CLERK.
>> I WILL NEED TO GO AHEAD AND MAKE SURE THAT ORDER IS SIGNED SO THAT WHEN YOU GO UPSTAIRS TO DROP OFF THE CHECK OR THE MANAGER COMES TOMORROW, WE WILL NEED TO MAKE SURE YOU HAVE A COPY OF THAT ORDER FOR THEM TO ACCEPT THE PAYMENT.
>> CAN WE E-MAIL HIM A COPY OF THE ORDER ONCE IT IS SIGNED?
>> YES. >> ONCE YOU GET THE SIGNED ORDER EVERYTHING IS REDUCED IN THE SYSTEM.
>> YOU WANT ME TO WAIT TO GIVE IT NOW?
>> NO, WE HAVE TO TYPE IT UP AND SIGN IT.
>> I WILL TYPE IT UP. AND THEN YOU CAN COME IN OR THE MANAGER CAN COME IN AND PAY. OKAY IF I GET YOUR NUMBER?
>> YES, MA'AM. >> SHE WILL LET YOU KNOW.
>> SORRY. I THINK YOU NEED TO OFFICIALLY ORDER IT. I APOLOGIZE.
>>SPECIAL MAGISTRATE: I APPROVE Y'ALL'S AMENDED ORDER.
>> THANK YOU. >> WE ARE NEGOTIATING HERE IN AN OPEN QUORUM. LITTLE BIT -- LITTLE BIT STRANGE. WHILE SHE IS DOING THAT CALL THE NEXT CASE. 23-0402, 2703 HILLS COURT, BUSH.
AND I AM GOING TO READ THAT IN ALSO.
>>SPECIAL MAGISTRATE: IS THE REPRESENTATIVE HERE?
>> YES, SHE IS WORKING HER WAY DOWN.
[B. 23-0402 CE 2703 Hills Court Lyudmila Bush Heather Debevec]
>>SPECIAL MAGISTRATE: OKAY. SO THIS IS 12-402, 2703 KAPPES HILLS COURT. LYUDMILA BUSH.
FINES HAVE ACCUMULATED BUT NO LIENS WERE FILED.
[01:25:02]
SECTION 30-27, RESPONSIBILITY FOR CONTAINERS.SECTION 24-19, 24-20, 24-21, HAD I ARE 1, 5, NUISANCE OF AN OBJECT. SECTION 123-37 LANDSCAPE MAINTENANCE. ON MAY 3, SPECIAL MANAGE FREIGHT PELLETIER FOUND THE VIOLATION EXISTS AND ORDERED 10 DAYS TO COMPLY OF $50 A DAY. JUNE 1, NONCOMPLIANCE LETTER SENT. THE BALANCE OF 8/1, 23 IS $2780.
IS THIS IN COMPLIANCE? >>HEATHER DEBEVEC: YES, MA'AM.
>> AGAIN, WE DID HAVE A RECENT COMP COMPLIANCE. IF I CAN JUST GET THOSE NUMBERS
FOR YOU REAL QUICK. >> PROPERTY IS COMPLETELY IN
COMPLIANCE. >> THE PROPERTY IS IN COMPLIANCE AT THIS TIME. AND I WILL GIVE YOU THE NEW NUMBER. ACTUALLY THE PROPERTY -- I BELIEVE THAT IS THE PROPER NUMBER.
$2780. I HAD THE CORRECT NUMBER ON THE SHEET IN FRONT OF YOU. ANYTHING FURTHER?
>> YES, MA'AM. THE MASSEY CRITERIA WE NEED TO CONSIDER IS THE SERIOUSNESS OF THE VIOLATION WHICH IS MODERATE.
ANY ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATION. NO LONGER TRUE.
THE PROPERTY IS NOW IN COMPLIANCE AND ONE PRIOR CODE VIOLATION BACK IN 2019. I TO HAVE SOME ADMINISTRATION COSTRS THAT WE PREPARED BECAUSE THE PROPERTY DID COME INTO COMPLIANCE. THE TOTAL OF THE ADMINISTRATION CHARGES CAME TO $959.20. OF THAT, ROUGHLY $250 IS WHAT STAFF LIKES TO CONSIDER SOFT COSTS AND IS -- STAFF IS -- NEGOTIABLE ON THAT $250. BASED ON THAT, STAFF WILL BE RECOMMENDING THAT THE FINE OF $2780 BE REDUCED TO JUST THE $7 $780.
>> ARE YOU MISS BUSH? >> YES, THAT IS ME.
>> DID YOU HAVE A CHANCE TO DISCUSS PRIOR TO THE HEARING? SO WHAT -- WHAT STAFF IS WILLING TO DO REDUCE THE FINES TO $780 TOTAL. ARE YOU AGREEMENT TO THAT AMOUNT
O REQUEST A DIFFERENT AMOUNT? >> IS IT POSSIBLE TO REDUCE
MORE? >> THAT WILL BE UP TO THE SPECIAL MAGISTRATE. SHE COULD REDUCE IT NONE, SHE COULD REDUCE IT TO ZERO. ACTUALLY UNDER THE RULES SHE
CAN'T REDUCE IT TO ZERO. >> AM I ALLOWED TO SAY A FEW
MY QUESTION WE NEED THE ANSWER WOULD YOU LIKE TO AGREE TO THE $780 THAT STAFF IS OFFERING TO YOU AT THIS POINT?
>> I WOULD LIKE TO REDUCE IT TO ZERO.
LET ME EXPLAIN THE SITUATION. WHEN WE BOUGHT THE HOUSE, LIKE ALMOST TEN YEARS AGO, IT NEVER CAME UP TO A POINT WHERE GARBAGE CANS HAVE BEEN IN THE WRONG PLACE AND ALL OF A SUDDEN THEY WERE IN THE WRONG PLACE. AND MISS HEATHER, THE OFFICER, CAME TO THE PROPERTY AND LITERALLY SHOWED ME BY THE FINGER WHAT WAS WRONG. IT IS LIKE I HAD NO IDEA.
ALMOST FOR TEN YEARS EVERYTHING WAS FINE.
AND ALL OF A SUDDEN SOMETHING IS WRONG.
WELL, WHILE I UNDERSTAND BECAUSE I DID NOT KNOW ABOUT IT.
IT WAS NOT MY RESPONSIBILITY, BUT STILL IF I WOULD HAVE BEEN AWARE, AFTER SHE CAME AND LITERALLY POINTED BY FINGER WHAT I SHOULD DO, EVERYTHING -- YOU KNOW, I HAVE DONE RIGHT AWAY.
AND I KEEP EVERYTHING IN PROPER ORDER.
SO IF IT IS POSSIBLE, I WOULD LIKE TO REQUEST TO PAY NO FINES BECAUSE I JUST STARTED, YOU NKNW -- NURSING PROGRAM.
I WORK ONLY ONE DAY A WEEK. I WORK AS CNA AT CLEVELAND CLINIC, MY WAGES ARE LITTLE OVER $700 FOR ONE MONTH.
AND I HAVE TO GET GAS. YOU I GOT TO GET FOOD.
I HAVE TO PAY FOR COLLEGE FOR EVERYTHING ELSE.
IT IS KIND OF -- IT IS A LITTLE BIT A LOT.
SO IF IT WOULD BE POSSIBLE TO REDUCE THE AMOUNT, IT WOULD BE HIGHLY APPRECIATED. IF NOT, WELL, I CAN GET MY DEGREE AND PAY TWO YEARS LATER. WHEN I GET MY DEGREE.
I DO NOT HAVE ANY MONEY RIGHT NOW TO PAY THAT AMOUNT.
[01:30:06]
>>SPECIAL MAGISTRATE: ARE YOU REFERRING TO THE $780 THAT THE
WELL, LIKE I SAID, WHEN I WILL BE CONTINUE TO WITH MY DEGREE.
RIGHT NOW I AM -- YOU KNOW, I AM IN COLLEGE.
AND I WORK -- I CAN WORK ONLY ONE DAY A WEEK, BECAUSE THE REST OF THE TIME, I AM STUDYING. AND MY SHIFT COSTS $200 AND WITH TAXES GETTING $100 A MONTH. I NEED TO EAT.
I NEED TO PUT GAS AND PAY MY BILLS AND THE PROPERTY TAX IS COMING. I HAVE NO IDEA HOW TO PAY IT.
BUT -- >> WHAT MISS ARRAIS'S MOUTH WH WHISPERED DOES NOT HAVE ANY ISSUE WITH $780 IF RESPONDENT WILL BE AGREEABLE WITHIN THE NEXT 12 MONTHS. WILL GIVE HER A YEAR TO PAY THAT
>> SO WHAT WICK DO IS REDUCE IT TO $780.
AND YOU WOULD HAVE A YEAR TO PAY IT.
IF IT IS NOT PAID WITHIN THAT YEAR IT WOULD GO BACK TO THE
2780. >> WILL BE ACCEPTABLE TO PAY
>> YEAH, YEAH, THAT IS FINE YOU. >> TONIGHT HAVE TO I CAN MA MONTHLY PAYMENTS. YOU CAN WAIT UNTIL THE LAST TIME PERIOD TO PAY YOUR $780, BUT WE WILL TAKE PARTIAL PAYMENTS.
>> ALL RIGHT, I WOULD PREFER THAT.
>> SO DO YOU WANT TO AGREE TO THE $780 WITHIN THE NEXT 12 MONTHS TO PAY IT? SPECIAL MAGISTRATE, I AM ASSUMING THAT YOU ARE OKAY WITH IT.
>> SHE SHOULD ALSO KNOW IF YOU DON'T PAY THAT $780 WITHIN A YEAR THAT IT WILL REVERT BACK TO.
>> TO PREVIOUS AMOUNT. >>SPECIAL MAGISTRATE: OKAY, ALL RIGHT. OKAY.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: BASED ON THE STIPULATION BETWEEN THE PAR PARTIES. I WILL SIGN AN ORDER.
>> THANK YOU. >> YOU WILL GET SOMETHING IN
>> YES, MISS CAT WILL MAKE SURE YOU GET IT.
>> THANK YOU, I APPRECIATE IT. >> NO PROBLEM.
[A. 22-740 CE 1901 Orange Ave Joseph B Zito Peggy Arraiz]
THANK YOU. >> OUR NEXT CASE IS 22-740, 1901 ORANGE AVENUE. JOSEPH B. ZITO.
>> SPECIAL MAGISTRATE, THIS IS CASE 2-740 FOR 1901 ORANGE AVENUE OWNED BY JOSEPH B. ZITO. CASE INITIATED FEBRUARY 27, 2022. A LIEN REDUCTION.
A LIEN WAS PLACED ON THE PROPERTY AND REQUESTING A REDUCTION. CODE SECTIONS IN VIOLATION IPMC, 304.2, PROTECTIVE TREATMENT. AND SECTION 123-37, SUBSECTIONS 12, LANDSCAPE MAINTENANCE. JULY 20, 2022.
SPECIAL MAGISTRATE ROSS ORDERED VIOLATOR 10 DAYS TO COMPLY OR $1350 FINE. NOVEMBER 3 -- NOT 2023, BUT NOVEMBER 3, 2022. ISSUE OF NONCOMPLIANCE ISSUES AND FINES STARTED. NOVEMBER 16, 2022, MASSEY LETTER SENT TO THE OWNER. JANUARY 20, 2023, THE ORDER ASSESSING FINE AND IMPOSING LIEN PASS FILED.
FEBRUARY 1, 2023, AFFIDAVIT OF COMPLIANCE ISSUED AND FINES STOPPED AND WE RECEIVED THE REDUCTION REQUEST FROM THE OWNER. THE AMOUNT OF THE LIEN IS $16,88440. TO SEVEN CRITERIA.
IT WAS PAINTED WHERE NEEDED AND LANDSCAPING ISSUES WERE ADDRESSED. LENGTH OF TIME TO CORRECT WAS ONE YEAR. PREVIOUSLY FOUND IN VIOLATION WAS ONE TIME. PRIOR NOTICE OF THE VIOLATION, THERE WERE THREE. ANY EXTENUATING FACTORS PER THE REDUCTION APPLICATION. I AM ANSWERING THIS FOR THE OWNER. THEY DID NOT RECEIVE THE NOTICE.
AND ANY PENDING VIOLATIONS THAT THE PROPERTY, THERE ARE NONE.
I DO HAVE SOME ADMIN COSTS THAT GOT COMPLETED AND I DIDN'T GET TO ATTACH AND I WILL JUST READ THEM AND PROVIDE THEM.
THE ADMINISTRATION COSTS COME TO $1539.89.
THIS IS A LIEN REDUCTION. DO YOU WANT ME --
>> SPECIAL MAGISTRATE, WE CAN SHOW THIS TO YOU AND POST THIS ON THE AGENDA AFTER THE HEARING SO THAT IT WILL SUPPLEMENT THE AGENDA WITH THE COST SHEET. AND, SIR, I WILL LET YOU LOOK AT THIS AS WELL AFTER THE SPECIAL MAGISTRATE DOES.
[01:35:48]
>> AT THE VERY BOTTOM. >> THE TOTAL CHARGES.
>> INCLUDING THE COMMISSION MEETING, SORRY.
>> INCLUDING EVERYTHING AS OF TODAY.
SPECIAL MAGISTRATE. THIS IS A LIEN REDUCTIN.
AS YOU ARE AWARE, CITY STAFF HAS THE ABILITY TO REDUCE EVERYTHING TO $10,000. THIS IS ONLY $16,000.
SO THE OWNER CHOSE NOT TO ACCEPT STAFF'S AUTHORITY OF THE $10,000. WE WERE NOT PROVIDED ANY ADDITIONAL INFORMATION ON WHY IT SHOULD BE REDUCED BEYOND THE $10,000. THEREFORE, STAFF IS MAINTAINING THE $10,000 BECAUSE I DON'T HAVE ANY INFORMATION TO PROVIDE THAT WILL JUSTIFY BEYOND WHAT STAFF IS GIVEN THE AUTHORITY TO DO.
SO NOW I GUESS IT WOULD BE UP TO THE OWNER TO SPEAK ON HIS
BEHALF. >>SPECIAL MAGISTRATE: OKAY.
WERE YOU PREVIOUSLY SWORN? >> TOGETHER AS A GROUP, YES,
MA'AM. >>SPECIAL MAGISTRATE: HOW DO YOU
RESPOND? >> MAY I SPEAK? WELL, I FIRST WANT TO SAY BY ANY MEANS I WOULD NOT BE HERE TODAY IF I KNOWN OF THESE PRIOR VIOLATIONS.
IT IS UNFORTUNATE. I WOULD LIKE TO AT LEAST EXPLAIN. I HAVE SOME TIME -- TIMELINES OF WHAT I BELIEVE TRANSPIRED AND WHY WE ARE HERE TODAY, IF I MAY.
IN APRIL -- EARLY APRIL OF 2022, I SEED A NOTICE OF POTENTIAL NONCOMPLIANCE -- ACTUALLY NONCOMPLIANCE FROM MR. SAUCEDO.
ON APRIL 5, I HAD SENT HIM AN E-MAIL IN WHICH I REQUESTED THAT I HAD UNTIL THE 18TH. THERE WAS A MAGISTRATE MEETING.
THE NEW JERSEY I HAD WAS MAGISTRATE MEETING WAS COMING UP. HE GRANTED ME A DELAY TO GET THAT BUILDING UP FOR COMPLIANCE FOR APRIL 1.
GRASS OVERGROWN. THAT WAS EASILY HANDLED.
I ASKED HIM FOR THE -- FOR THE EXTENSION JUST TO GET THE PAINTING DONE. IT WAS JUST A LITTLE BIT OF PAINT ON THE TRIM. THE BUILDING LOOKS GOOD AND REPAINTED TWO OR THREE YEARS AGO.
APRIL 24, I HAD LEFT MY WIFE INTERNSHIP IN SALT LAKE CITY.
WE BASICALLY MOVED THERE FOR FOUR MONTHS.
I HAD NOT KNOWN THERE WAS A MAGISTRATE OAR ANYTHING LIKE THAT MISSED. I FOUND OUT LATER THAT THE CITY DID NOT HAVE MY CURRENT ADDRESS AND THAT I WASN'T RECEIVING ANY MAIL. I HAD MY MAIL FORWARDED TO MY CURRENT ADDRESS AND I NEVER RECEIVED ANYTHING UNDER THAT TIMELINE. APPARENTLY IT DIDN'T COME THROUGH OR ANYTHING LIKE THAT. WHEN I DID -- WHEN I WAS NOTIFIED, I WAS NOTIFIED IN EARLY FEBRUARY OF THIS YEAR IN A LETTER THAT WAS SENT IN 1901 ORANGE AVENUE THAT WAS A TENANT OF MINE, CURRENT TENANT. THEY HAD GIVEN ME THE LETTER.
WHEN I READ IT, I WAS SHOCKED THIS HAD GONE FORWARD.
THAT IS WHEN I REACHED OUT AND ASKED FOR -- THAT I WILL COMPLY AND COME OUT AND CHECK IT. BECAUSE I WAS IN COMPLIANCE FOR ALL THESE MONTHS. I HAD NO IDEA I WAS BEING ACCRUED ANY OF -- I WOULD HAVE BEEN HERE.
I WOULD HAVE BEEN TO ANY MAGISTRATE MEETING.
MY MONEY IS VERY PRECIOUS TO ME. NO WAY I WOULDN'T HAVE WENT AND NOT LET THIS GO. UNFORTUNATE BUT DUE TO THE CIRCUMSTANCES, THIS IS WHY I'M HERE TODAY.
>> SIR, I DIDN'T WANT TO CUT YOU OFF.
DO YOU HAVE ANY FURTHER? >> NO, I HAVE MORE INFORMATION BUT I DON'T WANT TO TAKE UP ANYBODY'S TIME.
>> WE ARE HERE TO LISTEN TO ANYTHING YOU WOULD LIKE TO SAY.
>>SPECIAL MAGISTRATE: THANK YOU. >> SPECIAL MAGISTRATE, BECAUSE I -- I -- HE IS CORRECT. ALL OF HIS NOTICES WERE RETURNED; HOWEVER, WE WERE SENDING EVERYTHING TO THE PROPERTY APPRAISER'S WEB SITE. DID YOU EVER UPDATE THE PROPERTY APPRAISER WITH ST. LUCIE COUNTY OF A DIFFERENT ADDRESS BECAUSE THE ADDRESS SHOWING AT 118 U.S. HIGHWAY 1.
>> THAT'S CORRECT. I AM NOT SURE WHAT YOU HAD.
I HAD UPDATED IT I THOUGHT IN ALL THE RECORDS.
[01:40:03]
I HAD NO IDEA YOU DID NOT HAVE THE CURRENT ADDRESS, EVEN WITH THE PROPERTY APPRAISER. I KNOW IT HAS BEEN CHANGED BUT I DON'T KNOW WHAT DATE OR TIME YOU HAD THAT.>> AS OF -- I AM PULLING THE ONE FROM MARCH.
THE WITH UNI AM EASILY ABLE TO HANDLE AND STILL -- MARCH 23.
ADDRESS IS 118 U.S. HIGHWAY 1. ALL OF THE NOTICES WERE SENT TO THE ADDRESS THAT THE COUNTY HAS ON RECORD WHICH AS STATE STATUTE REQUIRES US TO SEND THEM TOO. HAVING THE EXTRA ONE SENT TO THE PROPERTY WAS A CARBON COPY. AND IT WORKED.
THE POSTS AND SENDING IT TO THE OTHER ONE DID WORK, BUT THAT IS WHY -- YOU KNOW, IF THE ADDRESS IS INCORRECT, IT WAS INCORRECT AT THE COUNTY, AND WE ARE REQUIRED TO SEND OUR NOTICES TO
THAT ADDRESS. >> DID YOU POST THE PROPERTY AS
>> DO YOU HAVE PHOTOGRAPHS OF THE POSTS?
>> MAY I ASK ONE OTHER QUESTION PERTAINING TO WHAT SHE SAID?
>> SURE. >> WHEN IT STARTS TO BECOME A NONCOMPLIANCE AS FAR AS THE MAGISTRATE MEETING, IS ANYTHING SENT CERTIFIED OR JUST DIRECT MAIL.
BECAUSE I REALLY FEEL IF EVERYTHING WAS SENT THAT WAY, I WOULD HAVE RECEIVED IT EVEN THOUGH I WAS OUT OF TOWN FOR THOSE FOUR MONTHS. I MEAN, SHE SAYS THAT THEY CAME
BACK, SO -- I DODON'T. >> THE POSTING AS WELL.
>> I HAVE BEEN HAVING A PROBLEM WITH MY MAIL.
THEY HAVE NOT BEEN FORWARDED ME ANYTHING.
>> THIS IS A POSTING ON THE PROPERTY.
>> I NEVER RECEIVED THAT. BECAUSE THAT IS WHEN I WAS GONE.
>> THERE ARE LIKE FOUR OF THESE. IT WAS CERTIFIED?
>> YES. >> THERE IS NO WAY OF LETTING ME
KNOW? >> WE CAN'T ANSWER FOR THE POST
OFFICE. >> BUT WOULD THERE BE A CERTIFIED COMING TO 1901 THAT IS A PHYSICAL ADDRESS?
>> NOT IF THAT IS WHAT YOU HAVE ON THE PROPERTY APPRAISER'S WEB SITE. LEGALLY WHAT WE GO BY IS ON THE
PROPERTY APPRAISER'S WEB SITE. >> I HAVE A TENANT AT THAT DATE.
I SEE HAPPENED NOW. >> THEY MAY HAVE SENT ONE.
MAYBE MISS ARRAIZ IS -- THE POST SOMETHING ON YOUR PROPERTY, BUT THE MAIL GOES TO WHAT IS ON THE PROPERTY APPRAISER'S WEB SITE.
I DON'T KNOW IF MISS ARRAIZ SENT IT UP AS A REDUNDANCY.
>> DURING THAT DURATION. I HAVE A TENANT.
I DON'T KNOW IF THEY PICKED IT UP.
I ASKED THEM IF THEY HAD ANYTHING OR ANYTHING POSTED ON THE BUILDING. THEY SAID NO.
>> I HAVE THE PHOTOS. >> I AGREE.
I AM NOT DISPUTING THAT BY ANY MEANS.
>> SO THIS IS A COMMERCIAL PROPERTY, THAT'S CORRECT,
MISS ARRAIZ. >> THIS IS A COMMERCIAL
PROPERTY. >> ARE YOU STILL ASKING BASED UNDER YOUR AUTHORIZATION OF THE SPECIAL MAGISTRATE RULES FOR
$10,000 FOR COMMERCIAL PROPERTY. >> I BELIEVE THE SPECIAL MAGISTRATE HAS THE ABILITY TO TAKE INTO CONSIDERATION THE INFORMATION THAT WAS PROVIDED BY THE -- BY THE OWNER.
WE DO HAVE THAT $10,000 FROM STAFF'S POINT.VIEW.
SO I DON'T HAVE -- YEAH. >> WITH YOUR COST ESTIMATE, THE $1539.89. ARE THEY CONSIDERED YOUR HARD
COST. >> THEY ARE CONSIDERED THE HARD
COSTS. >> TO ANSWER THE QUESTION YOU HAVE OF MISS VANDER SNULDHORST. SAYS THE COMMISSION MEETING $250. BUT FOR THE SPECIAL MAGISTRATE, $250 HEARING FEE FOR THIS HEARING.
SO IT SHOULD SAY SPECIAL MAGISTRATE, NOT COMMISSION MEETING .THAT IS WHAT THAT IS AT THE BOTTOM.
SO IF YOU WERE TO APPEAL THIS TO THE COMMISSION, ANOTHER $250.
BUT THAT IS FOR THIS SPECIAL MAGISTRATE HEARING AND I WILL GIVE YOU THOSE MARRED COSTS SO YOU HAVE THAT NUMBER. COSTS SO HAVE THAT NUMBER. HA COSTS SO Y HAVE THAR COSTS SO YOU HAVE THAD COSTS SO YOU HAVE THAT NUMBER.
>> I WILL GIVE THAT BACK TO YOU. >>SPECIAL MAGISTRATE: THE AMOUNT
YOU ARE ASKING FOR IS HOW MUCH? >> ACTUALLY STAFF DIDN'T REALLY MAKE A RECOMMENDATION IN THIS CASE.
YOU KNOW, WE ARE LETTING THE SPECIAL MAGISTRATE MAKE THE
REDUCTION. >> OUR RULES, SPECIAL MAGISTRATE, FOR COMMERCIAL PROPERTY, STAFF IS ONLY ALLOWED TO REDUCE IT TO $10,000. EVERYTHING FURTHER HAS TO BE DONE FOR YOU. THE HARD COST ON THE SHEET THAT MISS ARRAIZ HAVE INDICATED FOR WHAT MONETARY IS $1539.89.
SO YOU DO NOT HAVE -- MY UNDERSTANDING OF THE RULES AND I CAN READ BACK THEM IF YOU WOULD LIKE THEM QUOTED.
[01:45:03]
YOU DON'T HAVE THE ABILITY TO REDUCE LOWER THAN THE HARD COSTSOF $15 3939.89. >>SPECIAL MAGISTRATE: THAT IS WHAT THE CITY IS ASKING FOR, MISS ARRAIZ.
>> SPECIAL MAGISTRATE, I AM LETTING YOU RULE.
>> THAT RULE I PULLED UP, SPECIAL MAGISTRATE IS RULE 15-D-1. LIENS IMPOSED IN A REDUCED AMOUNT THAT IS NO LESS THAN THE AMOUNT SUFFICIENT TO COVER THE ADMINISTRATIVE COSTS FOR PROCESSING THE CASE PLUS THE
$250 APPLICATION FEE. >>SPECIAL MAGISTRATE: LOOKING AT
EXPENSES, 1789.89. >> $1539.89.
THAT IS INCLUDING YOUR -- THAT INCLUDES THE APPLICATION FEE.
$1539.89. >>SPECIAL MAGISTRATE: INCLUDES
THE APPLICATION INTO HE? >> YES, INCLUDES THE APPLICATION FEE. YES.
>>SPECIAL MAGISTRATE: ARE YOU WORKING?
>> YES, MA'AM, I AM CURRENTLY WORKING.
>>SPECIAL MAGISTRATE: I ALWAYS HAVE A DIFFICULT TIME WITH THE THESE.
YOURS WAS JUST FOR PROTECTIVE TREATMENT AND LANDSCAPE
I ADDRESSED THOSE ISSUES BUT JUST THE FACT THAT WHEN -- AND IN OCTOBER AND NOVEMBER WHEN HE CITED AGAIN, VEGETATION THIS GROWN AGAIN AND THE TENANT HAVEN'T DONE THEIR DUE DILIGENCE. I WISH I WOULD HAVE KNOWN.
I WOULD HAVE MADE SURE THAT IT WAS HANDLED.
[01:50:27]
>>SPECIAL MAGISTRATE: I WILL REDUCE IT TOTALLY TO $2,000.
>> OKAY. CAN YOU -- CAN YOU GIVE ME A LITTLE MORE TIME THAN THE 14 DAYS IN ORDER TO PAY IT?
>>SPECIAL MAGISTRATE: YOU CAN SET UP A --
>> I AM COMFORTABLE WITH 90. >> 90 DAY IS FINE AND WE WILL
ASK FOR THE REVERSION CAUSE. >>SPECIAL MAGISTRATE: IF YOU DON'T PAY IT WITHIN 90, IT WILL REVERT BACK TO THE ORIGINAL AMOUNT. THANK YOU.
>> THANK YOU. >>SPECIAL MAGISTRATE: GOOD LUCK.
>> HE HAS 30 DAYS TO APPEAL. >> YES, THANK YOU.
[A. 20-1941 CE 3101 Tennessee Ave Randy L. & Rebecca L. Stotler Peggy Arraiz]
>> OUR LAST CASE THIS EVENING IS 20-1941.
3101 TENNESSEE AVENUE. RANDY L. AND REBECCA L. STOTLER.
>> SPECIAL MAGISTRATE, I WILL BE READING THIS CASE AS WELL.
20-19 1. ADDRESS 3101 TENNESSEE AVENUE JOINED BY RANDY L. AND REBECCA L. STOTLER.
CASE SEPTEMBER, 2020. AND IS BEFORE YOU AS A CONTINUED MASSEY HEARING. I WILL TRY TO SUMMARIZE ALL OF THIS PRETTY MUCH TO THE BOTTOM. THE STOTLER HAVE BEEN BEFORE YOU MULTIPLE TIMES WITH THE PROPERTY BEING IN COMPLIANCE.
IT DID FINALLY COME INTO COMPLIANCE.
AND THE FINE HAD BEEN REDUCED ON FEBRUARY 2 -- I AM GOING TO HIGHLIGHT THIS. FEBRUARY 2, 2022, SPECIAL MAGISTRATE ROSS GRANTED REDUCTION OF THE FINES FROM $9440 TO $1500 TO BE PAID IN 12 MONTHS.
WE ARE -- WE RECEIVED A REQUEST FROM THE OWNER FOR AN EXTENSION TO PAY THAT AMOUNT. THEY WERE NOT ABLE TO PAY THAT.
SO IN JANUARY, YOU GRANTED AN ADDITIONAL NINE MONTHS TO PAY.
AND HERE WE ARE IN AUGUST WITH AN ADDITIONAL REQUEST TO PAY.
I AM GOING TO LET THE STOTLERS MAKE A REQUEST OF HOW MUCH TIME
THEY NEED REGARDING THIS. >>SPECIAL MAGISTRATE: HOW MUCH TIME DO YOU NEED TO PAY THE AMOUNT?
IT IS $1500, RIGHT? >> YES, MA'AM.
>> IT WAS REDUCED FROM $9440 TO $1500.
>> THE VIOLATIONS ON THE PROPERTY WERE ACTUALLY FROM A BUSINESS THAT I STARTED. I WAS A CITY EMPLOYEE WITH THE MARINA. AND -- AND I RANDY STUTLER.
AND ALL THE PROPERTY WITHOUT HIS AUTHORIZATION.
I PUT THERE BECAUSE I CAME DOWN WITH COVID AND HOSPITALIZED FOR SIX MONTHS. I HAD AN EMPLOYEE OF MINE BRING EVERYTHING TO HIS HOUSE WHICH IS LOCATED -- MY BUSINESS ADDRESS WAS IN THE COUNTY. SO I THINK WHEN THEY START ACCRUING THE FUNDS -- I AM NOT SURE OF DATES, BUT AFTER THAT, I WAS SENTENCED TO DEPARTMENT OF CORRECTIONS FOR A YEAR AND A HALF. AND DURING THAT TIME, I HAD SOME FRIENDS OF MINE COME AND TAKE CARE OF IT.
I THINK. AND PROPERTY UNDER COMPLIANCE.
AND EVERYTHING ON THE PROPERTY WAS DONE.
WE ARE BOTH DISABLED. I WAS INJURED IN THE DEPARTMENT OF CORRECTIONS SO I AM FILING FOR -- JUST MYSELF.
SO -- AS MUCH EXTENSION AS YOU CAN GIVE OR -- SWITCH THE FINES TO ME. YOU KNOW.
I MEAN, BECAUSE -- BECAUSE IT -- I PUT ALL -- EVERYTHING ON THE
PROPERTY WAS MINE. >>SPECIAL MAGISTRATE: I
UNDERSTAND THAT. >> AND THERE WAS -- IT WASN'T AUTHORIZED, BUT I -- I HAD NO OTHER PLACE TO PUT IT AT THE
[01:55:01]
TIME. SO I HAVE A CAMINO.>>SPECIAL MAGISTRATE: BUT THE FINES ARE $1500?
>> YES, MA'AM. >> IF I HEARD THAT CORRECTLY, HE IS ASKING THAT THE LIEN BE TRANSFERRED FROM HIS PARENTS'
NAME INTO HIS NAME. >> YES, MA'AM.
>> I BELIEVE THAT IS WHAT I HEARD.
>> YES. >> I DON'T KNOW IF THAT'S --
>> I DON'T KNOW IF THAT IS DOABLE?
>> NO, IT GOES TO THE PROPERTY. >> YOU COULD PAY IT ON YOUR PARENTS' BEHALF, BUT HOW IT WAS ORDER IS HOW I THINK IT WOULD
HAVE TO STAY. >> EVERYTHING ON THE PROPERTY WAS A 20-FOOT ENCLOSED TRAILER AND CHEVY 2500 DODGE ALL TITLED IN MY NAME. AND SOME EQUIPMENT.
>> CAN I ASK YOU, SIR, DO YOU HAVE FINAL OBLIGATIONS BASED ON
NO RESTITUTION OR ANYTHING. >> BUT YOU HAVE FINES AND GUYS
RELATED TO THAT PROS COUGS? >> YES.
>> DO YOU KNOW THE TOTAL YOU OWE FOR THAT?
>> AROUND $6,000. I STARTED A PAYMENT PLAN BUT I
HAVE ONE FOR MARTIN COUNTY ALSO. >> I AM LOOKING IN ST. LUCIE.
LOOKS LIKE YOU ARE MAKING PAYMENTS.
>> MAKING PAYMENTS BUT MARTIN COUNTY.
I WAS LEASING BUT -- SO I HAVE BEEN TRYING TO DO WHAT I CAN TO HELP THEM OUT. MY DAUGHTER HAS HAD SOME ISSUS.
SHE IS -- SHE IS BECOMING A TEENAGER.
SO SHE IS A HABITUAL RUNAWAY WITH MY INCARCERATION.
>>SPECIAL MAGISTRATE: DO YOU WORK?
>> LIKE I SAID, NO -- I WAS INJURED IN DOC.
AND I AM CURRENTLY FILING FOR DISABILITY.
>> SPECIAL MAGISTRATE, CAN YOU GIVE STAFF A MOMENT TO DISCUSS
THIS? >>SPECIAL MAGISTRATE: YEAH.
>> OKAY, SO SPECIAL MAGISTRATE, WHAT STAFF HAS INDICATED TO ME THEY ARE FINE WITH YOU ORDERING THAT THE $1500 FROM TODAY'S DATE. THEY HAVE TWO YEARS TO PAY WITH THE UNDERSTANDING THAT IS IT. IF THE $1500 IS NOT PAID WITHIN THE NEXT TWO YEARS, STAFF WILL NOT AGREE TO ANY FURTHER EXTENSIONS AND REVERT BACK TO THE $9440.
AND IT WILL -- IT WILL BE A LIEN ON THE PROPERTY.
>> ARE YOU ALL IN AGREEMENT WITH THAT?
>> YES, MA'AM. >> YOU HAVE TWO YEARS FROM -- FROM TODAY'S HEARING TO PAY THE $1500.
IT STAYS AT $1500. >> FLORIDA NOW UNTIL THE NEXT
TWO YEARS. >> YOU HAVE TWO YEARS TO PAY $1500. THEY DO TAKE PAYMENTS.
SO IF YOU GOT $10, $5, THEY WILL TAKE -- THEY WILL TAKE IT.
AND APPLY IT TO THAT AMOUNT. >> OKAY.
>> YES, SIR. ARE YOU OKAY WITH THAT?
>> I AM OKAY WITH THAT. >> WHAT STAFF IS INDICATING AFTER THOSE TWO YEARS, IF IT IS NOT PAID, WE ARE GOING TO -- IT IS GOING TO GO BACK TO THE $9440 AND ONLINE OBJECT THE PROPERTY AT THAT POINT. THIS IS KINDS OF A LAST CHANCE,
LAST CHANCE FOR THE TWO YEARS. >> I APPRECIATE IT.
>> I WANT TO MAKE SURE YOU ARE OKAY WITH IT AND YOU UNDERSTAND
WHAT WE ARE SAYING. >> YES, MA'AM.
>> NEXT MONTH OCTOBER 20. >> IT IS -- YOU ARE GETTING ANOTHER TWO YEARS. YOU ARE GETTING ANOTHER TWO
[02:00:04]
>> YOU WILL GET AN ORDER THAT WILL HAVE EVERYTHING WRITTEN OUT AS WELL. YOU WILL GET THAT IN THE MAIL.
>> OKAY, THANK YOU. >>SPECIAL MAGISTRATE: GOOD LUCK.
GET WELL MISS STOTLER. >> THANK YOU.
>> MISS WEXLER WAS NOT ABLE TO MAKE TODAY'S HEARING AND WE WILL CONTINUE HERS. TO YOU WANT ME TO READ ALL OTHER CASES TO BE CONTINUED. THE FOLLOWING CASES ARE TO BE CONTINUED. CASE 23-21250, JAYCEE PARK.
TOUSSAINT. CASE 23-2444 -- I AM SORRY.
I -- SOUTH CAUSEWAY PARK, TROUTMAN.
23-1209, 2425 MOHAWK AVENUE, MARCUS BROWN.
23-1840, SOUTH CAUSEWAY PARK, SCOTT ALAN BAILEY 23-16, ANTHONY CARION. 23-1965 SOUTH CAUSEWAY PARK.
23-1609, GRACE GRACE, MONZ. 23-786, 400 BLOCK PINEWOOD DRIVE, FINNEY JR. 23-2248, SOUTH CAUSEWAY PARK.
CARL DAVID COMMON. 23-930, JAYCEE PARK.
MY APOLOGIES. THAT ONE IS PAID.
23-872, SOUTH CAUSEWAY PARK, CHARLES MOURERRY.
3-934, JAYCEE PARK, ANTHONY STEVENS II AND LAUREN STEVEN.
23-963, JETTY PARK, MA MARK DONNELY.
412 NORTH HIGHWAY 21 BAKER MANAGEMENT PARTIES.
23.1152, 430 NORTH HIGHWAY 1, BAKERS MANAGEMENT PROPERTIES INC. CASE -- THE -- WE ALSO DID HAVE A -- A LIEN REDUCTION CONTINUED FOR 317 NORTH 11TH STREET LESLIE WEXLER. AND THAT IS IT.
>>SPECIAL MAGISTRATE: ALL RIGHT. I DID MENTION THAT ONE AS WELL,
THANK YOU. >>SPECIAL MAGISTRATE: FOR THE PEOPLE WHO ARE NOT HERE, HOW WERE THEY NOTE I NEED.
>> CASES INVOLVING A HEARING FOR STATE STATUTE 162.12, NOTICE OF THE HEARING SENT TO THE VIOLATOR CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED, AN AFFIDAVIT OF MAILING IS SENT TO THE VIOLATOR REGULAR U.S. MAIL.
10 DAYS PRIOR TO THE HEARING. ON NOTICE OF HEARING POSTED ON THE BULLETIN BOARD. AND IN THE OF HEARING POSTED AT THE PROPERTY IN QUESTION WITH THE AFFIDAVIT OPPOSING.
IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, THE POST SOMETHING COMPLETED IN THE SAME MANNER AS IF THE CARD IS RETURNED UNCLAIMED. CASES NOT MANDATED BY STATE STATUTE, NOTICE OF HEARING IS HANDLED IN THE SAME MANNER.
I THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.
>>SPECIAL MAGISTRATE: THANK YOU. ANYTHING FURTHER?
>>SPECIAL MAGISTRA
* This transcript was compiled from uncorrected Closed Captioning.