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[00:00:14]

AFTERNOON'S HEARINGS. YOU ARE HERE BECAUSE YOU RECEIVED MONTH TISED THAT YOU WERE IN VIOLATION OF A CITY CODE OR ORTS ORDINANCE. PLEASE BE ADVISED THAT THIS HEARING IS BEING TELEVISED ON LOCAL FORT PIERCE TV STATION.

PEOPLE DO WATCH IT. YOU'D BE AMAZED AT PEOPLE WHO STOP ME AND SAY I SAW YOU ON TV. WHAT DO YOU MEAN ON TV.

THEY'RE TALKING ABOUT THE CITY'S TELEVISION STATION.

NOW DOES ANYONE HERE NEED AN INTERPRETER? ALL RIGHT. STAND FOR THE PLEDGE OF ALLEGIANCE AND PLEASE REMAIN STANDING AFTER THAT SO YOU CAN BE SWORN IN IF YOU'RE GOING TO GIVE TESTIMONY.

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

MADAME CLERK. >> PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE GOING TO GIVE

WILL BE THE SFLUTH. >> YES.

>> THANK YOU. >> ALL RIGHT.

DOES ANYBODY NEED AN INTERPRETER?

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

ALL RIGHT. THEN CALL THE FIRST CASE, MADAME

CLERK. >> WE'RE GOING TO START WITH IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED.

CASE 23-2548 JAMES RNORCIA, 23-2547505 NORTH 2ND STREET.

1907 AVENUE P. HARRIS 23-2032, UNIT 22232923-2590100 BLOCK ORANGE AVENUE FULLER.

>> 23-2593100 BLOCK ORANGE AVENUE GAITLY.

23-2389 IS HE 09 ROSEDALE AVENUE.

23-2352, 115 GARDENIA AVENUE. 23-27042827 SOUTH INDIAN RIVER DRIVE. 2827 SOUTH INDIAN RIVER DRIVE LLC. 23-2096737 DARTER COURT.

STEAK AND SHAKE OPERATION INC. 21-424, 1309 NORTH 19TH STREET.

[B. 23-2679 CE 1712 Avenue O Aiken and Aiken Real Estate LLC Charmaine Kirkland]

GRIET, LLC. ALL RIGHT.

AND ONE MORE. 23-2679, 1712 -- OUR FIRST CASE TODAY WILL BE 23-29031121 AVENUE EKEZIAN. TERRELL.

>> SIT DOWN ON ONE OF THE CHAIRS.

OR HOWEVER YOU WANT TO DO IT.

>> GOOD AFTERNOON, YOUR HONOR. MY NAME IS MANUEL FERNANDEZ,

[O. 23-2903 CE 1121 Avenue E Kezia N Terrell Manuel Fernandez Jr.]

JR., I'M EMPLOYED BY THE CITY IN CODE ENFORCEMENT.

TODAY I HAVE CASE NUMBER 23-2903, 1121 AVENUE E WHICH DID THE OWNER IS KEZIA TERRELL AT 1501 NORTH 25TH STREET.

THE CASE WAS INITIATED ON OCTOBER 31ST, 2023, AND THE FIRST HEARING DATE WAS AUGUST 4, 2021.

THE FINDINGS WERE AS FOLLOWS. THEY WERE FINED $35 TO PLANT ANY TREE BUT NO ORDER DETERMINING VIOLATION WAS ISSUED.

VIOLATIONS ARE AS FOLLOWS. SECTION 123-64 SUBSECTION A,

[00:05:01]

123-1 TREE REMOVAL. THE RECOMMENDATION IS URBAN FORESTER OF THE CITY OF FORT PIERCE THE CITY REQUEST THAT HE HAS THE SPECIAL MAGISTRATE FINDS THE SDRIE CONGRATULATIONS EXISTS. THAT THE VIOLATOR BE FINED AS FOLLOWS, ONE LIVE OAK TREE WELL OVER 16 DBH BY $250 FOR TOTAL DUE OF $4,000. THE MONEY FROM THE FINE IS REQUESTED TO GO TO THE CITY'S TREE FUND.

I HAVE PHOTO THAT HE HAS ARE DATE AND TIME STAMPED THAT I WOULD LIKE TO INTRODUCE AS EVIDENCE.

>> OKAY.

>> IT LOOKS LIKE WE HAVE PHOTOGRAPHS AND AN EMAIL AUTHORIZATION FOR THE SPEAKING ON MS. TERRELL'S BEHALF.

>> YES, MA'AM. >> SO WE WILL MOVE THOSE IN AS

CITY'S COMPOSITE EXHIBIT 1. >> ADMITTED AS SUCH.

>> AND THE CITY WILL CALL PAUL BERTRAM.

>> PAUL BERTRAM. >> HOW ARE YOU EMPLOYED, SIR? WHAT'S YOUR JOB?

WHAT IS YOUR JOB? >> URBAN FORESTER.

>> THANK YOU. HOW LONG HAVE YOU BEEN THE URBAN

FORESTER? >> 22 YEARS.

>> OKAY. HOW ARE YOU INVOLVED IN THIS CASE?

>> I WAS CALLED WHEN THE TREE WAS REMOVED TO GO OUT AND LOOK

EIGHT. >> AND WHAT KIND OF TREE WAS IT?

>> LAUREL OAK TREE. >> AND WHAT IS USED TO DETERMINE

THE DBH OF THAT OAK TREE? >> SINCE THE TREE WAS ALREADY CUT DOWN WE MEASURED THE STUMP AND THEN SUBTRACTED A FEW INCHES OUT OF IT BECAUSE TYPICALLY THE TREE GETS NARROWER AS IT GROWS

UP A LITTLE BIT. >> AND WHAT IS THE DBH?

>> INDICTMENTER BREDTH HEIGHT. AND THE FLORIDA STATUTE, DOES IT GIVE YOU A LIMITATION ON THE DBH?

>> JUST THE AMOUNT OF FINE I BELIEVE IS THE MAXIMUM FOR

RESIDENTIAL IS $5,000. >> OKAY. AND IN THIS CASE, IT LOOKS LIKE THE REQUEST IS 16 DBH TIMES $250 IS $4,000.

>> YES. >> THE PREVIOUS TREE REMOVAL WERE YOU INVOLVED IN THAT CASE AS WELL?

>> I WAS. >> WHAT KIND OF TREE WAS CUT

DOWN AT THAT POINT IN TIME? >> IT WASN'T COMPLETELY CUT DOWN. IT'S A MIX BETWEEN A LAUREL AND A LIVE OAK BUT IT'S THE SAME TREE.

THE PARTICULAR KIND THAT WAS CUT DOWN ABOUT I BELIEVE 70, 80%.

MAYBE A LITTLE LESS OR LITTLE MORE.

AND THE PERSON AT THE PROPERTY CLAIMED THAT THE PERSON WAS SUPPOSED TO JUST TRIM IT AND THEY WENT OVERBOARD.

>> OKAY. AND IS IT THE SAME OWNERS THIS TIME AROUND?

FOR THAT PROPERTY? >> I DON'T KNOW FOR SURE.

>> YOU DON'T KNOW. OKAY. THAT'S FINE.

>> FOR THIS CASE FOR THE TREE THAT WAS CUT DOWN WAS A PERMIT REQUIRED FOR THAT TREE UNDER OUR CODE?

>> YES. >> I DON'T HAVE ANY OTHER QUESTIONS FOR YOU. THANK YOU.

>>LY CALL MS. PEGGY -- >> OKAY

>> IT'S MARGARET ARRAIS COMMONLY CALLED PEGGY.

WHAT IS YOUR JOB HERE? >> I'M THE DIRECTOR OF COMMUNITY

RESPONSE. >> AND TO YOUR KNOWLEDGE, THE OWNERS FROM THE FIRST VIOLATION AND THE OWNERS FROM THIS

VIOLATION IS IT THE SAME OWNER? >> I BELIEVE IT IS.

DOE HAVE THE FOLDER. DO YOU HAVE THE FOLDER WITH YOU?

[00:10:02]

THE PREVIOUS FOLDER? THAT'S LEFT UP STAIRS. OKAY. I BELIEVE IT IS, YES.

>> OKAY. AND I CAN PULL UP A PROPERTY APPRAISER IF NECESSARY

TO CONFIRM THAT. >> I'M LOOKING AT OUR SHEET THAT SAYS OWNERS KEZIA TERRELL. IS THAT ACCURATE TO YOUR

KNOWLEDGE? >> THAT FOR THIS CURRENT ONE?

>> THIS ONE AND THE PRIOR ONE AS WELL.

>> OKAY. THANK YOU. >> ANYTHING FURTHER?

>> NO, MA'AM.

>> HOW DO YOU RESPOND?

>> WELL, MY COUSIN ACTUALLY LIVES IN NORTH CAROLINA.

HER GRANDMOTHER LIVES HERE IN FORT PIERCE.

. AUNT EMMA HAD ONE OF HER FORMER STUDENTS HELP HER WITH THE YARDWORK AND HAS DONE THAT CONSISTENTLY OVER THE YEARS. SHE ASKED THE GUY TO CLEAN UP THE YARD AND DO THOSE THINGS AND WHEN SHE GOT BACK TO THE HOUSE, HE HAD REMOVED THE TREE. WITHOUT HER PERMISSION TO DO SO.

THAT'S HOW WE'RE IN THIS SITUATION.

SO WHAT WE ARE DOING FOR HER IS TO SHARE WITH HER THAT SHE SHOULD NOT HAVE -- WE'RE GOING TO ACTUALLY HIRE A YARD MAN TO BE RESPONSIBLE FOR TAKING CARE OF THE YARD INSTEAD OF HER GETTING OUT THERE AND THEN SEEING SOMEBODY SAY COME HELP ME. THAT'S KIND OF WHERE WE ARE.

>> YEAH. WHAT'S THE -- ANYTHING FURTHER?

>> DO YOU HAVE ANYTHING FURTHER? >> YES, MA'AM.

WE DID REVIEW THE FILE FROM THE LAST CASE AND THE TESTIMONY WAS PROVIDED IN THAT CASE VERY SIMILAR TO TODAY, THAT SOMEBODY HAD, YOU KNOW, WE ASKED FOR ONE THING, LEFT AND CAME BACK AND TOO MUCH WAS DONE AND THAT'S THE SAME, YOU KNOW, TESTIMONY BEING PROVIDED TODAY. WE HAVE NOW HAD TWO OAK TREES REMOVED FROM THIS PROPERTY WITHOUT PERMITS SO WHILE I UNDERSTAND SOME CIRCUMSTANCES DURING THE FIRST EVENT WE TOOK THAT INTO CONSIDERATION AND NO FINES WERE ISSUED IT WAS A $35 PERMIT AND A TREE REPLANTED BUT NOW WE'RE BACK AGAIN THE ONLY REASON THAT THERE IS NO ACTUAL REPEAT VIOLATOR IS BECAUSE WE DIDN'T DO AN ORDER DETERMINING VIOLATION.

ON THE LAST CASE BUT HERE WE ARE AGAIN WITH A LARGE OAK TREE.

YOU KNOW, 16 ARCHLY AT THE DBH BEING CUT DOWN AGAIN WITHOUT A PERMIT. WHILE IT'S NOT AN OFFICIAL REPEAT VIOLATOR BECAUSE NO ORDER WAS ISSUED THE LAST TIME WE ARE

DEALING WITH A REPEAT VIOLATION. >> OKAY. DAVID, YOU'RE SPEAKING FOR MS. LOWMAN, RIGHT.

THE CITY IS ASKING FOR $4,000. IS THERE AN AGREEMENT YOU ALL COULD COME TO OVER THE AMOUNT REQUESTED IN LIGHT OF THE CIRCUMSTANCES AND WE'LL TELL HER SHE JUST CAN'T STOP ANYBODY AND SAY HELP ME. AND THEN THEY CUT THE TREE DOWN.

AGAIN. >> SPECIAL MAGISTRATE, BECAUSE WE ARE BACK HERE SECOND TIME THAT WAS THE PROCESS WE FOLLOWED THE FIRST TIME. AND THEN HERE WE ARE TWO YEARS LATER WITH THE EXACT SAME VIOLATION WITH A LARGE OAK TREE BEING CUT DOWN WITHOUT A PERMIT AND WE HAVE PRECEDENCE THAT WE HAVE WITH OTHER CASES OF A SIMILAR NATURE.

SO UNFORTUNATELY STAFF IS STICKING TO THE ORIGINAL RECOMMENDATION OF THE $4,000 BASED ON THE FACT THAT IT'S OUR SECOND TIME HERE FOR THE EXACT SAME VIOLATION.

>> IF I MAY, HOW OLD IS MS. TERRELL?

>> MS. TERRELL IS PROBABLY 40.

>> AND SO HER GRANDMOTHER BASICALLY TAKES CARE OVERSEEING

THE PROPERTY? >> MY AUNT TAKES CARE OF EVERYTHING HERE IN FORT PIERCE 2 YES.

>> WHAT KIND OF WORK DOES MS. TERRELL DO?

DO YOU KNOW? >> SHE WORKS FOR THE SCHOOL DISTRICT IN NORTH CAROLINA.

>> WHAT DOES SHE DO THERE? >> SHE'S IN CHARGE OF THE GIFTED PROGRAM. GIFTED AND TALENTED PROGRAM.

[00:15:13]

>> I'M PRETTY SURE SHE WAS MADE AWARE OF THIS HEARING TODAY.

>> YES. >> SHE COULD HAVE ALSO APPEARED

BY PHONE. >> WELL, SHE ASKED IF WE WOULD CALL HER. SHE WOULD MAKE HERSELF AVAILABLE. TO BE PART OF THE HEARING.

I THINK SHE ADDED THAT TO HER EMAIL AS WELL.

>> CAN I SEE THE EMAIL, SPECIAL MAGISTRATE?

IT'S IN THE PACKET. >> YES, MA'AM.

>> SO THERE'S NOT SPECIAL MAGISTRATE THERE'S NOT SPECIFICALLY A REQUEST FOR HER TO APPEAR BY PHONE.

WHAT IT SAYS IS PLEASE FEEL FREE TO CONTACT ME AS I AM ALSO AVAILABLE BY PHONE AT ANY TIME. SO SHE'S NOT REQUESTING THAT HER PRESENCE BE BY PHONE. THERE IS A PROCESS THAT WE HAVE RELATED TO A FORM THAT HAS TO BE FILLED OUT SO WE CAN VERIFY KIND OF WHO WE'RE CALLING AND I'M ASSUMING BASED ON THE WORDING OF HER EMAIL AND HER AUTHORIZING SOMEONE ELSE THAT WE DID NOT GO THROUGH THAT PROCESS WOULD BE MY ASSUMPTION.

CAT CAN TELL ME IF I'M WRONG. >> I DID NOT RECEIVE A REQUEST.

>> THAT'S A PRETTY HE HAVETY FINE BUT IT -- HEFTY FINE BUT IT WON'T BE THE NURSED TIME WE'VE IMPOSED A HEFTY FINE LIKE THIS BECAUSE SOMEBODY CUT DOWN A TREE.

ILLEGALLY.

AND THEN SOME PEOPLE REALIZE THEY MADE A MISTAKE WOULD RIGHT

AWAY TRY TO REPLACE THE TREE. >> MY QUESTION, SPECIAL MAGISTRATE, IS THIS SAYS ONE LIVE OAK TREE WELL OVER 16 DBH WHICH IS $250 I GUESS PER FOOT SO IT'S A $4,000 TREE.

IS THE OWNER RESPONSIBLE FOR DOING THAT OR WILL THE CITY

REPLACE THE TREE? >> THE VIOLATION IS ON THE OWNER. THE OWNER WILL BE RESPONSIBLE

FOR THE FINE. >> OKAY. SO WHO PROVIDES THE

TREE I GUESS IS MY QUESTION? >> THAT IS NOT PART OF THE CITY'S REQUEST. IN THE PREVIOUS CASE WHAT HAPPENED IS THEY PAY -- SHE PAID THE $35 PERMIT 2350E AND PLANTED A TREE. THAT WAS A RESOLUTION REACHED WITH THE CITY FOR THE FIRST CASE.

THIS CASE THE RECOMMENDATION IS NOT INCLUDING THE PLANTING OF A TREE. IT'S THE $4,000 IS THE

RECOMMENDATION. >> FOR THE FINE.

>> YES, SIR. >> OKAY.

>> THE REQUEST WAS OF MR. BERTRAM CAN EXPLAIN TO US THE IMPORTANCE OF MAINTAINING THAT TREE.

>> WE ARE A TREE CITY U.S.A. AND THE TREES BENEFIT THE WHOLE COMMUNITY. WITH NEW CONSTRUCTION COMING IN AND HOMEOWNERS AND INSURANCE COMPANIES WE WERE WATCHING TREES DISAPPEAR AT AN ALARMING RATE SO WE DO PROTECT WHAT WE HAVE AND THE TREES THAT WE DO PROTECT AT A CERTAIN SIZE ARE MAJESTIC OAKS AND, YOU KNOW, OTHER NATIVE TREES THAT HELP KEEP THE COMMUNITY LOOKING NICE AND PROVIDE FRESH AIR.

THERE'S ALL KINDS OF BENEFITS TO IT.

IT'S HELPED QUITE A BIT. YOU HAVEN'T SEEN ME LATELY IN QUITE A BIT SO I MEAN THE ORDINANCE IS WORKING.

THAT'S WHY IT'S IN PLACE AND REQUIRED FOR TREE CITY U.S.A.

ALSO. TO GET THAT MEMBERSHIP AND QUALIFY THE CITY FOR BENEFITS AND GRANTS.

>> CAN I ASK YOU WAS THERE ANYTHING THAT YOU OBSERVED OF THE TREE THAT INDICATED THAT IT WAS UNHEALTHY AND NEEDED TO BE

CUT DOWN THAT FAR? >> THAT'S THE ISSUE WHEN IT COMES TO -- THAT'S WHY THE WORDING KIND OF SAYS A TREE WELL OVER, IT'S BEING VERY GENEROUS ACTUALLY IN THE DBH MEASUREMENTS IS THAT IT'S REALLY HARD TO TELL ONCE THE TREE IS GONE.

COULD IT QUALIFY FOR A PERMIT, IT'S REALLY, YOU KNOW, YOU CAN'T TELL UNLESS YOU CAN SEE THAT TWO THIRDS OF THE TREE WAS DEAD OR ANYTHING LIKE THAT I COULD NOT TELL.

THE TREE WAS ALREADY CUT DOWN. >> DO WE HAVE THE PHOTOGRAPHS FROM THE ORIGINAL CASE AND DO THEY HAVE ANY GLIMPSES OF THIS

[00:20:03]

TREE IN IT? >> MY UNDERSTANDING IS THE FILE DID NOT COME DOWN. THE FILE IS STILL UP STAIRS.

>> YEAH. >> I CAN GRAB IT.

>> IT'S RIGHT ON MY DESK. >> AND CAN YOU PROJECT GOOD

DEALING EARTH? >> SURE CAN.

-- GOOGLE EARTH? >> SURE CAN.

>> IN FACT, I MIGHT EVEN BE ON PROPERTY APPRAISER BUT I WILL GO TO GOOGLE EARTH.

>> CAN YOU HELP ME HERE? I BELIEVE THIS IS THE TREE RIGHT

HERE. >> YES, MA'AM THAT'S THE TREE.

>> CAN YOU DROP YOURSELF DOWN OFF OF THIS TREE.

>> I BELIEVE I CAN. AND THE DATE ON THIS PHOTO FROM

GOOD DEALING EARTH IF YOU. >> THAT IS THE TREE.

>> SOMETIMES IT WILL POP UP. >> A NEW VERSION -- AND WE HAVE THE FILE COMING. -- FROM GOOGLE EARTH.

>> THAT IS THE TREE >> SOMETIMES IT WILL POP UP.

>> A NEW VERSION. AND WE HAVE THE FILE COMING.

>> HERE'S A PHOTO.

>> THIS WAS WHAT WAS TAKEN LAST TIME.

>> SO I'VE MARKED THESE AS CITY'S COMPOSITE EXHIBIT 2.

ARE THESE THE PHOTOS PULLED OUT OF THE ORIGINAL FILE FROM THE

ORIGINAL TREE VIOLATION CASE? >> I DID.

>> IF WE CAN SHOW THIS TO THE RESPONDENT.

>> I NEED TO BRING UP THESE PHOTOS.

HOLD ON.

>> IS THIS THE ORIGINAL TREE? IS THIS THE FIRST TREE.

>> FIRST VIOLATION TREE. >> THAT'S FROM THE FIRST VIOLATION TREE CASE BUT THE PHOTO YOU CAN SEE IS THIS TREE THAT WAS CUT DOWN. THERE'S ONE PHOTO OF THIS TREE AND THEN THERE'S ANOTHER PHOTO SHOWING THE OTHER TREE THAT WAS CUT DOWN SHOWING THE TWO OAK TREES.

>> OKAY. THAT MAKES SENSE TO ME.

THANK YOU. >> THAT WAS JUST TO GIVE A FRAME OF REFERENCE OF WHAT IT LOOKED LIKE BEFORE.

>> WE WILL MOVE THESE IN AS CITY'S COMPOSITE EXHIBIT 2.

>> ADMITTED AS SUCH. >> I'M GOING TO ASK YOU TO ACTUALLY SHOW THIS TO MR. BERTRAM TO SEE IF FROM HIS VIEW OF THAT IF HE CAN GIVE US ANY INFORMATION ABOUT THE TREE AND IF YOU CANNOT THAT'S FINE.

THE FRONT SET CURRENT TREE. THE SECOND PAGE IS THE SECOND TREE, THE ORIGINAL TREE CUT DOWN.

NOT THIS ONE.

CAN YOU GLEAN ANYTHING FROM THAT LITTLE PHOTOGRAPH AND IF YOU

[00:25:01]

CANNOT THAT'S PERFECTLY FINE. >> IT'S, YOU KNOW, OBVIOUSLY I THINK THIS WAS ONE OF THE TWO TREES AND THIS WAS THE ONE WHERE WE FINALLY STOPPED THE GENTLEMAN FROM --

>> I MEANT ON THE FIRST PAGE OF THE ORIGINAL TREE THAT WAS CUT.

SORRY. LET ME REPHRASE THAT.

THE TREE WE'RE DEALING WITH TODAY, THAT IS HOW IT LOOKED BACK IN 2021. CAN YOU TELL US ANYTHING ABOUT THE HEALTH OF THE TREE IN 2021 FROM THAT PHOTO OR NO?

>> ONCE IT'S CUT BACK THAT FAR, IT DOES MAKE THE TREE A LITTLE WEAK AND DOESN'T GROW BACK THE SAME STRUCTURE BUT.

>> I DON'T THINK YOU'RE UNDERSTANDING MY QUESTION.

MY QUESTION IS THAT TREE THAT YOU'RE LOOKING AT RIGHT NOW, THAT IS WHAT WAS CUT DOWN IN 2023.

SO THE QUESTION IS WOULD IT HAVE CONSCIOUS CAN YOU TELL FROM HOW IT LOOKED IN 2021 IF IT WAS HEALTHY OR NOT IN 2021 TO WHERE YOU WOULD HAVE BEEN ABLE TO CUT IT DOWN IN 2023 WITH A PROPER PERMIT. AND AND IF YOU CANNOT TELL.

>> IT'S STILL A LITTLE DIFFICULT.

IT'S A POSSIBILITY.

>> ALL RIGHT. THANK YOU.

>> YES, MA'AM.

>> ANYTHING FOR THE -- >> NO, MA'AM.

>> ANYTHING ELSE YOU WANT TO SAY, DAVID?

>> SO THERE'S NO NEGOTIATION IN THE PRICE? $4,000 IS DEFERENT PRICE. -- DEFINITE PRICE OR A FINE.

>> THAT'S WHAT THEY'RE ASKING FOR BUT I WILL LISTEN IN LIGHT OF THE CIRCUMSTANCES BECAUSE I'M PERSONAL EXPERIENCE AND THAT HAS NO PLACE HERE. BUT I HAD TEN TREES CUT DOWN ONCE AND I HAD TO GET A PERMIT FROM THE COUNTY.

AND THEY WERE SAYING OH YOU HAVE TO COME OUT.

THE TREES WERE LEANING BACKWARDS OVER SOMEBODY'S FENCE AND I SAID YOU KNOW IF THE TREES GO DOWN AND THE FENCE GOES DOWN I'VE DONE ALL I COULD. SO THEY GAVE ME A PERMIT.

BUT ALL SHE HAD TO DO WAS ASK. >> THAT'S AUNT EMMA.

SHE'S 90 AND VERY INDEPENDENT. SHE'S VERY HARD OF HEARING.

SO WE ARE TRYING OUR BEST TO ENSURE HER SAFETY SO WE HAVE TALKED TO HER ABOUT BEING UP AT 4:00, 5:00 IN THE NEW YORK WORKING IN THE YARD AND THOSE KINDS OF THINGS THAT SHE'S ACCUSTOMED TO DOING. SO MY COUSIN AND I HAD A CONVERSATION ABOUT THIS. $4,000 IS AWFULLY STEEP.

SHE DID NOT AUTHORIZE ME TO TALK ON BEHALF OF HER PURSE.

WE DO KNOW THAT THERE WAS GOING TO BE A FINE.

I'M WILLING TO NEGOTIATE. >> WE TOOK ALL OF THIS INTO CONSIDERATION THE FIRST TIME AND I CAN'T HELP BUT THINK THAT THERE'S ALMOST AN EXPECTATION OF REDUCED FINE BECAUSE WE DID YOU TELL THE FIRST TIME. SO THAT IS WHERE I'M STAFF IS HAVING AN ISSUE, WE TOOK ALL OF THIS INTO CONSIDERATION AND TOOK INTO CONSIDERATION THE OCCUPANT'S AGE, EVEN THOUGH THE OWNER IS OF VERY ABLE AGE. WE TOOK ALL OF THAT INTO CONSIDERATION AND GRANTED A MAJOR REDUCTION THE LAST TIME WE WERE HERE FOR THIS EXACT SAME EVENT.

AND TWO YEARS LATER IT'S A REPEAT.

AND IT'S THE SAME TESTIMONY BEING PROVIDED THAT THE PERSON WHO IS HANDLING IT, YOU KNOW, IS ELDERLY AND WITHOUT THE OWNER TAKING THE RESPONSIBILITY. WE HAVE RULES ON THE BOOKS AND WHILE WE WERE MORE THAN GENEROUS THE FIRST TIME, STAFF IS LESS WILLING TO DO SO ON THE FACT THAT WE ALMOST FEEL LIKE THERE WAS AN ANTICIPATION OF IT'S CHEAPER TO ASK FORGIVENESS THAN PERMISSION.

SO THAT'S WHY STAFF IS REQUESTING THAT WE FOLLOW THE RULES THAT ARE ON THE BOOKS AND ARE REQUESTING THE $4,000 PENALTY. WE'RE HAPPY ALONG WITH THAT.

AND SO, NO, BECAUSE WE ARE HERE AND WE GAVE CONSIDERATION THE

[00:30:04]

FIRST TIME AROUND, WE'RE LESS WILLING TO DO THAT THIS TIME.

>> I UNDERSTAND. I THINK I REMEMBER THAT ONE LAST TIME. AND I DON'T WANT TO INTERJECT SOMETHING THAT IT'S TOO MUCH BUT MY MOM IS 92 AND SHE'S IN HER YARD EVERY DAY. AND WE HAVE TO, YOU KNOW, TELL HER YOU GOT TO GO SIT DOWN NOW BECAUSE WE DON'T WANT TO HAVE A HEART ATTACK BECAUSE APPARENTLY, YOU KNOW, YOUR BULLET PROOF BUT WE'RE NOT. AND THEN SHE DIDN'T TAKE THE TIME TO CALL IN.

THAT'S THE PROBLEM I HAVE WITH IT.

SHE'S A PROFESSIONAL WOMAN AND DIDN'T CALL IN.

I HEAR YOU BREATHING HARD DOWN HERE.

>> I WAS GOING TO SAY SHE DID NOT REQUEST TO APPEAR BY PHONE BUT IF YOU WANT US TO CALL HER, WE CAN CALL THAT NUMBER THAT WAS PROVIDED IN THAT EMAIL. IF THAT IS SOMETHING THAT YOU WANT DONE.

>> WOULD YOU BE INTERESTED IN THAT?

>> I WOULD ASK THAT WE PUT THIS ON RECESS.

WE HAVE ANOTHER TELEPHONIC HEARING SO IF WE COULD RECESS THIS PARTICULAR ONE AND COME BACK TO IT AFTER THE OTHER HEARINGS. OTHER PEOPLE ARE PRESENT.

>> DO WE HAVE TIME FOR THAT? >> IF I STEPPED OUT AND CALLED HER AND SHARED WITH HER THIS $4,000.

>> YES. >> AND THEN WE CAN COME BACK AND

RECALL IT AND -- >> YEAH.

>> BECAUSE I WOULD LIKE TO HEAR FROM HER WHY SHE DIDN'T TAKE PART IN THIS.

>> BECAUSE GRANDMA DID RESPONSIBLE.

>> I HEAR YOU.

WE'LL RECESS THIS CASE AND AFTER YOU'RE DONE COME BACK IN AND WE'LL SEE WHAT WE CAN COME UP WITH.

>> WE'RE GOING TO LET MR. BERTRAM GO UNLESS YOU HAVE SOME REASON YOU WANT HIM TO STAY. OKAY.

>> THANK YOU. >> THANK YOU.

>> HAPPY HOLIDAYS, MR. BERTRAM.

ALL RIGHT. NEXT CASE.

[C. 23-1880CE 1727 Okeechobee Rd 1727 Okeechobee, LLC Charmaine Kirkland]

OUR NEXT CASE IS 23-1880, 1727 OKEECHOBEE ROAD.

1727 OKEECHOBEE, LLC. >> HOW ARE YOU?

>> GOOD AND YOURSELF. >> GOOD AFTERNOON, YOUR HONOR.

>> ALL RIGHT. WHEN YOU'RE READY.

>> GOOD AFTERNOON, YOUR HONOR. CASE NUMBER 23-1880, 1727 OKEECHOBEE ROAD. CASE INITIATED JULY 6TH, 2023.

VIOLATOR 1727 OKEECHOBEE LLC. REGISTERED AGENT IS -- KUMAR.

VIOLATION REMOVAL OF SECTION 117-3 SUBSECTION B REMOVAL OF SIGNS. CORRECTIVE ACTION PLEASE REMOVE OR REPAIR TAZING SIGN. A PERMIT MAY BE REQUIRED.

IF YOU HAVE ANY QUESTIONS CONTACT THE PLANNING DEPARTMENT VIA EMAIL PLANNING AT CITY OF FORT PIERCE.COM.

RECOMMENDATION THE CITY REQUEST AS AS THE SPECIAL MAGISTRATE THE VIOLATORS BE GIVEN FIVE DAYS TO COMPLY OR FINE OF $100 PER DAY BE ASSESSED. IF NOT CORRECTED THE CITY IS TO TAKE THE NECESSARY STEPS TO REMEDY THE VIOLATION.

I DO HAVE PHOTOS TO NOTE THE TIME AND DATE OF THE VIOLATION.

HAS MR. YATES SEEN THE PHOTOGRAPHS?

>> NO.

>> THAT'S FINE. I'VE SEEN THEM.

YOUR HONOR WE'RE ASKING TO CNTINUE THIS BECAUSE WE HAVE FILED A LAWSUIT AGAINST THE VEHICLE THAT STRUCK THE -- THAT CAUSED THE ACCIDENT CAUSING ANOTHER VEHICLE TO STRIKE THE SIGN. IT'S ABOUT A $35,000 COST TO REPAIR THE SIGN R AND WE ASK THAT THIS BE CONTINUED SO THAT

[00:35:02]

WE CAN GET THE NOUN REPAIR THE SIGN.

>> THE CITY IS NOT IN AGREEMENT TO A CONTINUANCE, SPECIAL MAGISTRATE. THIS IS FROM JULY OF 2023.

>> HAS A LAWSUIT BEEN FILED? >> OH, YES, YES OR NO.

WE HAVE FILED A LAWSUIT AND THAT CASE NUMBER IS --

>> I TRUST YOU. I'VE KNOWN YOU A LONG TIME AT

THIS TIME TRUST YOU. >> YES, MA'AM.

>> SPECIAL MAGISTRATE, WE WERE IN THE MIDDLE OF MOVING THE PHOTOGRAPHS IN. I JUST WANT TO MOVE THOSE IN AND

HAVE THEM ADMITTED. >> THEY'LL BE ADMITTED AS SUCH.

>> YOUR HONOR, MR. KUMAR WHO IS HERE AND IS THE OWNER OF 1727 OKEECHOBEE, LLC, WANTS TO HAVE THIS REPAIRED AS QUICKLY AS THE CITY DOES. PROBABLY MORE SO.

AND WE'RE TRYING TO MOVE FORWARD IN THE LAWSUIT TO CAUSE THAT TO

HAPPEN. >> DO YOU HAVE ANY QUESTIONS,

COUNSEL? >> NO, MA'AM.

I THINK YOU CAN SEE THE DAMAGE TO THE SIGN I UNDERSTAND THAT IT WAS DAMAGED BUT IT DOESN'T MEAN THAT IT DOESN'T HAVE TO BE FIXED. JUST BECAUSE A LAWSUIT WAS FILED. I THINK IF I CAN VERIFY WITH STAFF REMOVING IT WOULD ALSO COMPLY.

IT DOESN'T HAVE TO BE REPAIRED AND REPLACED AND IT LOOKS LIKE IT'S PRETTY RUSTED TO BEGIN WITH SIGN WOULD COMPLY.

>> YES, MA'AM. >> WE WOULD ASK TO CONTINUE THIS SO THAT WE CAN GET THE SIGN PAID FOR TO BE REPAIRED.

I APOLOGIZE THAT THE COURT SYSTEM IS WHAT IT IS, BUT WE'RE

DEALING WITH THAT. >> HAVE YOU OR YOUR CLIENT AS SPOKEN TO ANYBODY ABOUT REPLACING OR REMOVING THE SIGN?

>> YOUR HONOR, THERE'S AN ESTIMATE -- AUDIO]

. >> I'M SORRY.

CAN YOU APPROACH THE MICROPHONE SO I CAN SWEAR YOU IN, PLEASE?

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

>> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU GIVE WILL BE THE

TRUTH? >> YES.

>> THANK YOU.

>> SO IT'S AFFECTING THE BUSINESS MODEL ALL THE TENANTS ARE COMPLAINING THAT THERE'S NO SIGN.

I THOUGHT IT WOULD BE A LOT QUICKER TO DO IT BUT THE INSURANCE WITH THE LAWSUIT IT'S A MULTICAR ACCIDENT SO AS MR. YATES HAS STATED, YOU KNOW, WE HAVE FILED A LAWSUIT BUT IT'S

TAKING LONGER THAN ANTICIPATED. >> DO THEY GIVE YOU BALLPARK PRICE FOR THE SIGN TO BE REPLACED?

>> YEAH. ZE THAT.

>>

>> I'M SORRY? >> THAT'S TO REPAIR?

>> YES. >> DO YOU HAVE AN ESTIMATE TO

REMOVE? >> NO, I DID NOT.

>> NO. >> I WANT IT REPLACED.

YOU KNOW. I JUST DON'T WANT THEM TO REMOVE IT AND FORGET IT, YOU KNOW. I WANT A REPLACEMENT OF THE SIGN BECAUSE IT'S AFFECTING THE BUSINESS AND THE TENANTS.

>> BUT THERE'S NO WAY YOU COULD PUT UP A TEMPORARY SIGN INSIDE

THE BOX. >> THE STRUCTURE IS DAMAGED.

>> CAN I ASK IS THE -- IS THE REPAIRING OF THIS SIGN ARE YOU GOING TO BE REPAIRING WHAT'S ACTUALLY THERE OR ARE THEY GOING TO HAVE TO PUT A WHOLE NEW SIGN? ?

>> THEY HAVE TO PUT A WHOLE NEW SIGN IN BECAUSE IT'S BENT.

>> SO WHY CAN'T WE REMOVE WHAT'S THERE NOW SO THAT YOU HAVE NO ISSUES WITH THE CITY AND THEN YOU DO THE LAWSUIT FOR THEM TO

[00:40:01]

RE -- MA'AM, COULD I ASK YOU TO STEP OUTSIDE BECAUSE WE'RE HAVING A HARD TIME CONDUCTING THE PROCEEDINGS.

AND THEN THROUGH THE LAWSUIT THEY PAY YOU WHAT IT COSTS TO

PUT YOU IN A NEW SIGN. >> I DON'T KNOW THAT THEY ARE GOING TO PAY FOR THE COST OF REMOVING THE SIGN IN THE

INTERIM. >> HOW MANY CARS WERE INVOLVED

IN THE ACCIDENT? >> TWO.

>> WAS ANYBODY CITED? >> WE SUED THE INDIVIDUAL THAT WAS CHARGED WITH CAUSING THE ACCIDENT.

VIOLATING THE RIGHT OF WAY OF THE CAR.

>> AND HE DID -- HE OR SHE DID HAVE INSURANCE.

>> YES. >> THE COMPANY HAS FILED AN ANSWER.

>> THE CITY INVESTIGATED THE ACCIDENT AND ISSUED A TRAFFIC CRASH REPORT.

>> I'M LOOKING AT THE LAWSUIT, MR. YATES.

IT LOOKS LIKE THE -- SO FOR THE ESTIMATE, IT SAYS THEY WILL MANUFACTURE AND INSTALL ONE DOUBLE SIDED LED ILLUMINATED SIGN FOR TENANTS FLAT WHITE ACRYLIC PANELS WITH VINYL LETTERING. BOTTOM PORTION WILL HAVE OPTIC DISPLAY FULL COLOR ELECTRONIC MESSAGE CENTER.

IS THAT WHAT WAS THERE ORIGINALLY OR IS THAT AN ENHANCEMENT ON WHAT WAS THERE ORIGINALLY?

>> THAT WOULD BE AN ENHANCEMENT ON WHAT WAS THERE ORIGINALLY.

AND WE CAN CERTAINLY NEGOTIATE WITH THE INSURANCE COMPANY TO IN ANY BETTERMENT THAT WOULD -- COST.

>> YEAH BECAUSE I MEAN THIS IS -- I MEAN, HE SAYS HE'S LOSING BUSINESS BECAUSE OF THE SIGNS BUT HE'S GOT ENOUGH SIGNS OUT THERE.

I MEAN, I UNDERSTAND YOUR PROPERTY BEING DAMAGED BUT YOU DO HAVE SIGNS OUT THERE WHERE PEOPLE CAN SEE THAT THE BUSINESS

IS OPEN. >> WHEN CARS ARE DRIVING THEY LOOK AT --

>> YOU'VE GOT ONE RIGHT BY THE ROAD.

>> BUT AT NIGHTTIME YOU CAN'T SEE IT.

I UNDERSTAND THAT BUT I MEAN ALL OF US SOMETIMES HAVE TO GIVE AND TAKE A LITTLE BIT. YOU KNOW.

AND THESE INSURANCE COMPANIES TAKE FOREVER TO SETTLE.

>> YES AND THAT'S WHY I MADE THE SUGGESTION OF WHY DON'T WE JUST REMOVE IT NOT NECESSARILY BECAUSE THAT WILL COMPLY OUR ISSUE. IT DOESN'T NECESSARILY HAVE TO BE REPLACED BUT AT LEAST THAT WILL ALLEVIATE THE ISSUE FROM

THE CITY'S PERSPECTIVE. >> SO THEN IF I ELIMINATE IT THEN INSURANCE COMPANY WANTS TO COME IN AND CHECK IT THEN IT'S NOT THERE ANYMORE AND THEY HAVE NOTHING TO INSPECT.

>> I WOULD HAVE TO DEFER YOU TO MR. YATES ON GIVING YOU ADVICE

ON THAT ONE. >> I THINK IT'S GOING TO BE A PROBLEM.

>> BUT IT WAS INVESTIGATED. IT'S ALREADY BEEN INVESTIGATED.

>> BY THE PHOTOS. >> THE POLICE SHOWED UP AFTER

THE CRASH RIGHT? >> YES.

>> AND HOW MANY CARS WERE INVOLVED, YOU SAID TWO?

>> TWO. >> SO THIS ISN'T LIKE YOU GOT A BARGE R BUNCH OF PEOPLE OUT THERE FIGHTING OVER THIS.

>> AND I DO KNOW THAT THE INSURANCE COMPANIES ARE SLOW.

OKAY. >> WE IMMEDIATELY CONTACTED THE

CARRIERS FOR BOTH DRIVERS. >> YOU'RE SAYING IT'S NOT RUST.

[00:45:46]

>> THE CONDITION OF THE SIGN IS IN NOW NEEDS TO BE REPLACED OR

REMOVED. >> OKAY. THERE'S NO OTHER BAND AID FIX THAT COULD BE DONE AT THIS POINT.

IT EITHER NEEDS TO BE REMOVED OR REPLACED AND YES REMOVING IT WOULD COMPLY THE VIOLATION AND THE REPLACEMENT WITH A NICE MONUMENT SIGN WITH AN ELECTRONIC MESSAGE COULD COME AT A LATER DATE BUT THIS IS IN MY OPINION A SAFETY HAZARD.

THAT CAN CAUSE DAMAGE IF IT FALLS.

>> LOOKING AT THAT. >> STAFF IS OF THE OPINION WHICH IS WHY WE HAD THE FIVE DAYS FOR CORRECTIVE ACTION BECAUSE THAT IS A SAFETY HAZARD IN THE CONDITION IT'S IN.

IT NEEDS TO COME DOWN.

>> YOUR HONOR, I CAN'T SEE HOW THE SIGN WOULD BE ANYMORE OF A HAZARD NOW THAN IT WAS BEFORE IT WAS DAMAGED.

I MEAN, A SIGN IS A SIGN. AND IT HAS A SUBSTANTIAL POST.

>> THAT'S WHY WHAT I WOULD LIKE TO SEE HAPPEN BUT, YOU KNOW, IT'S YOUR DECISION, JUST TEMPORARILY PUT A FIX OVER IT, SOME BOARDS OR SOMETHING BUT YOU HAVE TO GET THE CITY HAS TO

APPROVE IT NOW. >> THAT'S WHAT SHE WAS INDICATING BECAUSE OF THE CONDITION AND YOU CAN SEE THAT THERE'S A PIECE AT THE TOP THAT'S ABOUT TO FALL OFF.

LOOKS LIKE IT. >> AND IT'S --

>> AND THERE WOULD NOT BE A WAY TO DO A TEMPORARY FIX ON IT.

>> SO I MEAN, IT DIDN'T JUST GET THIS WAY.

IT WAS IN NEED OF REPAIR BEFORE THE ACCIDENT.

>> NO, MA'AM. HOW CAN YOU SAY THAT?

>> LOOK AT THE -- ARE YOU LOOKING AT THE PICTURE ON THE

SCREEN? >> YES, MA'AM.

>> TELL ME WHAT -- >> THAT HAPPENED WHEN THE ACCIDENT -- WHEN THE CAR STRUCK IT WHEN THE TRUCK STRUCK IT.

IT BROKE OUT THE. >>

>> I'M LOOKING AT THE PHOTO WITH BRICKS AT THE BOTTOM TRYING TO BALANCE IT AND HOLD IT UP ON ONE OF THE PICTURES THE ONE DATED

DECEMBER 5, 2023, AT 9:46. >> I DON'T THINK THAT THOSE.

>>

>> THE PIECES ARE THERE TO HELP SUSTAIN AND SUPPORT IT.

I MEAN, I DON'T HAVE A PROBLEM WITH THAT.

BUT THERE OBVIOUSLY IS A PROBLEM WITH THE SIGN.

>>

>> DECEMBER 5, 2023. PHOTOGRAPH.

TWO 2 BY FOURS AND LYING NEXT TO THE SIGN AND THERE IS AN ELECTRICAL BOX THAT POWERS THE SIGN.

>> IT'S ALMOST I THINK PUT INSIDE THE FLOOR.

>> I'M NOT SAYING IT'S YOUR FAULT.

YOU DIDN'T CAUSE THE ACCIDENT BUT THE SIGN IS YOUR RESPONSIBILITY BECAUSE IT'S ON YOUR PROPERTY.

AND IT'S ON OKEECHOBEE ROAD RIGHT? AND YOU GET SOME KID THERE ON A BICYCLE OR A MOTOR BIKE OR

WHATEVER. >> WE DISCONNECTED THE ELECTRICAL SO THERE'S NO ELECTRICAL.

IT DOESN'T LIGHT UP. IT DOESN'T LIGHT UP AND THERE'S NO ELECTRICAL PROBLEM. AESTHETICALLY I AGREE IT DOESN'T LOOK GOOD AND THAT'S WHY WE'RE TRYING TO EXPEDITE IT AS FAST AS POSSIBLE BUT LIKE YOU SAID INSURANCE COMPANIES ARE --

>> THAT'S WHAT I'M FOCUSING ON. TRYING TO GET IT EXPEDITED.

>> YOUR HONOR, IF YOU WOULD CONTACT THE COURT AND HELP US MOVE THIS ALONG THAT WOULD BE A WONNED REFUL THING.

>> YOU KNOW I CAN'T DO THAT.

[00:50:10]

BUT I'LL CONTINUE THIS FOR A MONTH.

I'LL DAINTY FOR A MONTH. >> I CAN'T GET INVOLVED IN YOUR

LITIGATION. >> I CAN CERTAINLY PROVIDE THE

COMPANY WITH -- >> AND IT IS A SHAME THAT MR. KUMAR IS THE VICTIM HERE. I WISH THAT THE CITY WOULD GIVE US SOME OPPORTUNITY TO COMPLETE THE LAWSUIT.

>> I'M NOT TRYING TO RUSH THE LITIGATION BUT I THINK THIS SHOULD BE SOMETIMES YOU HAVE TO PUSH THOSE INSURANCE COMPANIES BECAUSE THEY'LL TAKE YOUR PREMIUMS EVERY MONTH FOR YEARS AND THEN IF THERE'S AN ACCIDENT THEY DON'T WANT TO GIVE YOU NOTHING.

>> INSURANCE STILL HASN'T FIXED IT.

>> THAT'S CAMPAIGNSS. >> CAN WE HAVE 60 DAYS, YOUR HONOR?

>> SPECIAL MAGISTRATE, WE'RE OBJECTING TO ANY CONTINUANCE PERIOD. WE BELIEVE IT NEEDS TO BE FIXED

IMMEDIATELY. >> I CAN'T SEE HOW IT IS A SAFETY HAZARD AND WHAT I HAVE TO ASK THE CITY IN WHAT RESPECT IS IT A SAFETY HAZARD ANYMORE THAN IT WAS PREVIOUSLY.

>> CAN YOU ALL COME TO AN AGREEMENT ON HOW LONG THIS EXTENSION IS I'M GOING TO GIVE YOU?

>> NO, MA'AM. WE'RE ASKING FOR A ZERO EXTENSION.

>> AND WE'RE ASKING FOR 60 DAYS. >> WELL BECAUSE IT HAPPENED IN

JULY AND THIS IS NOVEMBER. >> WE'VE IMMEDIATELY CONTACTED

THE CARRIERS FOR THOSE VEHICLES. >> I'M SORRY.

WE HAVE CODE CASES THROUGHOUT THE ENTIRE CITY THAT ARE DONE DUE TOE A VARIETY OF DAMAGE FROM WIND STORMS TO ACCIDENTS TO FIRES TO, YOU KNOW, VANDALISM BUT THE PROPERTY OWNERS ARE STILL ULTIMATELY RESPONSIBLE FOR MAKING SURE THAT THE VIOLATIONS ARE CORRECTED REGARDLESS OF WHAT CAUSED THE DAMAGE.

SO WE CAN'T HOLD ALL OF OUR CODE CASES TO ALLOW FOR COURT CASES TO CONTINUE. WE HAVE VIOLATIONS THAT WE HAVE TO ADDRESS WHICH WE HAVE DONE. WE HAVE -- WE START THIRD DEGREE CASE. WE STARTED THE CASE IN JULY.

ALLOWING IT TO GO UNTIL NOVEMBER BEFORE WE BROUGHT IT BEFORE THE SPECIAL MAGISTRATE. YOU KNOW, UNFORTUNATELY, IT'S A PROPERTY OWNERSHIP RESPONSIBILITY WHEN THERE'S DAMAGE TO YOUR PROPERTY YOU'RE RESPONSIBLE TO CORRECTING THE DAMAGE REGARDLESS OF WHO IS GOING TO PAY FOR THE CORRECTION.

WE'RE MORE THAN WILLING TO ACCEPT THE REMOVAL OF THE SIGN WITH THE CAPPING OF THE ELECTRIC TO COMPLY WITH OUR ISSUE AND THE, YOU KNOW, THE POSITION OF THE RESPONDENT SAYING THAT THEY'RE NOT EVEN WILLING TO REMOVE THE SIGN THAT'S OUR HALFWAY. THAT'S OUR GIVE.

AND WE'RE NOT GETTING ANYTHING IN RETURN.

SO THAT IS WHY STAFF IS NOT WILLING TO GO FOR AN ADDITIONAL CONTINUATION. THERE IS DAMAGE TO PROPERTY.

IT IS THE OWNER'S RESPONSIBILITY TO CORRECT IT.

WE'VE ALLOWED FIVE MONTHS AT THIS POINT NOW TO GO.

AND SO WE'RE ASKING THE SPECIAL MAGISTRATE TO MAKE A RULING.

>> AND YOUR HONOR I AM STILL WONDERING WHAT IS THE DANGER POSED BY THIS SIGN AND IF THE SIGN IS REMOVED, IS THERE GOING TO BE A PROBLEM PERMITTING ANOTHER SIGN? I REPRESENTED THE BUYERS OF THE NO WALK MOTEL THAT ON JUST SOUTH ON U.S. 1 FROM DELAWARE AND THE CITY, AFTER REQUIRING THE SIGN BE REMOVED, REFUSED TO GIVE IT A PERMIT.

>> HOW LONG AGO? >> TO RECONSTRUCT IT.

>> HOW LONG AGO WAS THAT? >> IT WAS PROBABLY AT LEAST SIX

[00:55:13]

OR EIGHT YEARS AGO. >> THAT'S WHAT I'M THINKING.

I'VE BEEN ON THIS JOB A LOCK TIME NOW -- A LONG TIME NOW AND I FIND THAT THE CITY DOES TRY ABE WORK WITH PEOPLE.

-- AND WORK WITH PEOPLE BUT YOU HAVE A HAZARD HERE.

THAT SIGN IS LEANING. >> I STILL CAN'T SEE HOW IT IS A HAZARD ANYMORE THAN IT WAS ORIGINALLY AND WHAT RESPECT IS IT SOMEHOW MORE DANGEROUS THAN IT WAS BEFORE.

>> IT'S NOT A STABLE SIGN. IT'S LEANING OVER.

YOU HAVE PIECES THAT ARE STARTING TO FALL OFF.

THAT TOP PIECE ON THE BOTTOM WHICH IS YOUR BOTTOM BASE OF YOUR RECTANGULAR SIGN IS FALLING OFF.

AND HAVE YOU THE SIGN LEANING. IT'S BEEN HIT BY A VEHICLE SO THE STABILIZATION OF IT WAS MESSED UP FOR LACK OF A BETTER

TERM THE SECOND THE CAR HIT IT. >> IF THE -- ARE THE PIECES

STILL IN THERE? >> NO.

IT CAME DOWN. BUT IF YOU WANT I CAN REMOVE IT BUT COULD YOU GIVE US TIME MAYBE THE INSURANCE COMPANY WILL RESPOND AND MAYBE WRITE A LETTER THAT THE CODE AUDIO] OR FIX IT I REMOVE IT. THAT'S WHAT I'M ASKING FOR TIME.

YOU KNOW. >> I DON'T WANT THEM TO DISQUALIFY MY CASE BECAUSE OF THAT.

NOW THE CITY SAYS WE'RE NOT GOING TO LET YOU PUT A SIGN

THERE. >> I CAN UNDERSTAND WHY --

>> TO BE CLEAR NOBODY SAID YOU CAN'T PUT A SIGN THERE.

IT'S LEANING.

AND IT'S METAL AND -- >> BUT I WOULD ASK THE CITY TO COME AND PUSH AGAINST THE SIGN. I'M CONFIDENT THAT IT IS STILL

VERY. >> NOBODY IN THE CITY IS GOING

TO GO PUSH OVER A SIGN. >> I WOULDN'T ADVISE ANYBODY TO

DO THAT. >> WE'RE NOT GOING TO DO THAT.

>> I DON'T THINK YOU COULD. I DON'T THINK YOU COULD PULL IT

OVER WITH A TOW TRUCK. >> BUT HERE'S ANOTHER MIGHT BE MAYBE OKAY -- WE'RE IN A HURRICANE SEASON IT'S ABOUT OVER. THANK GOD.

WE DIDN'T HAVE ANY SERIOUS RAINS HERE.

>> I THINK IT ENDED DECEMBER 1ST.

>> BUT IF IT RAINS AND THAT SIGN TILTS SERIOUSLY INJURED AND YOU COULD HAVE KIDS THERE.

SO THAT IS MY CONCERN. AND YOU'VE GOT SOME SIGNS UP THERE THAT CLEARLY SHOWS WHAT KIND OF BUSINESS IS THERE.

I CAN CLEARLY SEE THEM. >> I'M SORRY, YOUR HONOR.

I CAN'T HEAR YOU. >> I DON'T SEE WHY -- I WOULD LIKE TO GIVE YOU 30 DAYS. PUT SOME PRESSURE ON THE INSURANCE COMPANY. AND THEN LET'S SEE WHERE WE ARE.

>> THANK YOU. >> COULD YOU GIVE US A WRITTEN RECORD THAT IN 30 DAYS THIS HAS TO BE DOWN OR REPLACED SO THEN WE CAN GET THE INSURANCE TO LISTEN WE'RE GOING TO -- LITIGATION BUT I'M WILLING TO GIVE YOU 30 DAYS.

YOU HAVE A VERY COMPETENT LAWYER HERE.

>> I CAN -- DOES THE CLERK MAKE NOTE OF --

>> UHL GET AN ORDER. >> YEAH.

>> YOU'LL GET AN ORDER SAYING THAT YOU'VE GOT 30 DAYS TO TRY AND GET THIS RESOLVED. INSURANCE COMPANIES MOST OF THE TIME NO OFFENSE BUT MOST OF THE TIME YOU KNOW THEY PUSH BACK.

>> THEY ALWAYS DO. >> LEAST WE CAN SAY LISTEN IF YOU'RE NOT GOING TO FIX THIS

WE'RE GOING TO TAKE IT DOWN. >> THAT WOULD BE A FINDING A

VIOLATION WOULD SAY THAT. >> I CAN'T DO THAT.

I'M TRYING TO GIVE YOU TIME.

>> TO LITIGATE THIS.

>> I WILL TAKE IT DOWN IN 30 DAYS AS LONG AS I LET THEM KNOW.

I'M TELLING YOU THERE WILL BE A WRITTEN ORDER ISSUED PROBABLY THIS WEEK. AND YOU'LL GET A COPY OF THAT.

>> HARD TO -- YOU KNOW WHAT I'M SAY SNOWING THAT'S ANOTHER FACTOR I'M LOOKING AND I'M OUT OF STATE.

>> I'M DEALING WITH ONE RIGHT NOW.

I HAVE WATER DAMAGE.

THEY CAME OUT AND SENT SOME OTHER GUY OUT AND STILL HAVEN'T COME BACK SO THIS WAS A MONTH AGO.

>> I DON'T WANT TO COME BACK AGAIN.

I JUST WANT DIRECTION SO I CAN GET -- TAKE CARE OF THAT WITH

THE I THINKS COMPANY. >> I THINK WE'VE CLEARLY EXPLAINED WHAT WE'RE TRYING TO HELP YOU DO.

>> SO IF THE REQUEST IS SOMETHING IN WRITING SAYING YOU HAVE X AMOUNT OF TIME TO REMOVE THIS SIGN THAT WOULD BE AN ORDER DETERMINING VIOLATION. IN WHICH CASE IT WOULD SAY YOU HAVE X AMOUNT OF TIME TO REMOVE THE SIGN OR REPAIR IT OR A FINE

[01:00:01]

OF X AMOUNT PER DAY WILL BE ASSESSED BUT WHAT YOU'RE ATTORNEY HAS ASKED TO CONTINUE THE CASE SO THAT VIOLATION IS NOT ENTERED SO THAT PAPERWORK WOULD NOT EXIST IF YOUR CASE IS CONTINUED TO ANOTHER HEARING DATE.

>> I WILL RELATE THAT TO THE CARRIER.

>> YEAH. BECAUSE THEY'RE MOVING SLOW.

AT MY HOUSE. AND SHUT DOWN ONE OF THE BATHROOMS. SO ALL RIGHT. ANYTHING FURTHER?

>> ARE WE CONTINUING THIS TO A DATE CERTAIN?

>> MY NEXT HEARING.

>> JANUARY 10TH AT 1:30.

>> SO YOU GOT MORE THAN 30 DAYS. JANUARY 10TH.

>> THANK YOU, YOUR HONOR. >> YOU'RE WELCOME.

AND I'M SORRY FOR YOUR MISFORTUNE BUT.

>> YOU'RE GOING TO GET AN ORDER WITHIN THE NEXT DAY OR SO.

>> NO, MA'AM. >> I'M SORRY I'M TELLING YOU I'M GOING TO GIVE YOU UNTIL JANUARY 10TH THAT SHOULD GIVE

YOU ENOUGH TIME. >> I WILL RELATE THE CITY'S POSITION. TO THE CARRIER.

>> FAIN THE SIGN IS REMOVED BEFORE JANUARY 10TH THERE'S NO

NEED TO COME BACK. >> THERE'S NO CASE.

>> I SEE. OKAY. THANK YOU.

>> YES.

OKAY. >> THANK YOU ALL.

>> THANK YOU.

>> ALL RIGHT. NEXT CASE.

[E. 23-1987 CE 901 S US Highway 1 Johnny King Paul Jean Claude Paul Heather Debevec]

>> ORB NEXT CASE IS 23-1987, 901 SOUTH U.S. HIGHWAY 1.

JOHNNY KING PAUL AND JANE CLAUDE PAUL.

ALL RIGHT. WHEN YOU'RE READY MS. DEBEVEC

>> GOOD AFTERNOON. THIS IS CASE NUMBER 231987.

901 SOUTH U.S. HIGHWAY 1. JOHNNY KING PAUL, JEAN CLAUDE PAUL. CASE INITIATED ON JULY 11TH OF THIS YEAR FOR IPMC 302.3. THE CITY WAS REQUESTING THAT THE SPECIAL MAGISTRATE -- THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY AND FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 PER DAY BE ASSESSED.

I WE WANT BY THE PROPERTY YESTERDAY SO I HAVE PHOTOS IN WHICH TO SUBMIT. THEY ARE DATE AND TIME STAMPED.

>> OKAY. >> WHERE THE GENTLEMAN HERE HAD DONE SOME REPAIRS. AND I ALSO SPOKE WITH THE BUILDING DEPARTMENT WHERE THEY DO NOT BELIEVE A PERMIT WOULD HAVE BEEN NECESSARY. I AM WAITING TO HEAR BACK FROM FELIX ALSO WITH THE CITY TO CONFIRM THAT WITH THE REPAIRS BEING ON RIGHT OF WAY AS TO WHETHER A PERMIT WAS NECESSARY OR NOT.

>> OKAY. ANYTHING FURTHER? >> AT THIS TIME SPECIAL MAGISTRATE WE'LL MOVE THE PHOTOGRAPHS IN AS CITY'S

COMPOSITE EXHIBIT 1. >> THEY WILL BE ADMITTED AS

SUCH. >> OKAY. ANYTHING FURTHER?

>> NO, MA'AM. >> ALL RIGHT.

HOW ARE YOU? >> I'M HERE -- SO WE GO AHEAD AND REPAIR WHAT IS NOT NECESSARY TO GET A PERMIT FOR IT BUT FOR THE CURVE WE DON'T HAVE THE PERMIT FROM THE BUILDING DEPARTMENT FOR THE ENGINEER MR. FELIX COME OVER TWICE AND LOOK AT IT AND GIVE US OKAY TO POUR CONCRETE.

SO AS FAR AS I'M CONCERNED WE'RE SET AND GOOD TO GO.

>> OKAY. AND HOW SOON DO YOU THINK YOU CAN GET IT POURED.

>> I'M DONE. EVERYTHING IS FINISHED.

>> SO YOU JUST NEED HIM TO APPROVE IT?

>> HE'S ALREADY APPROVED IT. >> OH.

>> AND HE GIVE ME HIS BUSINESS CARD AND SAID IF THERE'S AN ISSUE LET THEM CALL HIM, THE ENGINEER.

>> ALL RIGHT THEN I SUGGEST YOU GET WITH MS. DEBEVEC.

MS. HEATHER. .

>> YEAH. >> AND SEE IF YOU CAN'T GET THAT STRAIGHTENED OUT AND IF IT'S APPROVED LIKE YOU SAID THEN THEY

WON'T HAVE TO COME BACK. >> I THINK MS. HEATHER HAVE TO

GET IN TOUCH WITH MY BUDDY. >> FOLLOW UP ON IT THOUGH.

[01:05:03]

>> YES. >> AND HOPEFULLY EVERYTHING IS DONE THAT NEEDS TO BE DONE AND HOPEFULLY YOU WON'T HAVE TO COME

BACK. >> YES.

ALL RIGHT. THANK YOU.

>> ARE WE CONTINUING THIS? >> I'M HOPING BECAUSE MR. ROLAND HAS BEEN HERE A WHILE. ALL HE NEEDS TO DO IS GET APPROVAL. WE'LL SET IT UP FOR ANOTHER 30 DAYS. AND IF IT'S APPROVED THEN YOU

WON'T HAVE TO COME BACK. >> YES.

>> ALL RIGHT. >> ALL RIGHT.

THANK YOU. >> YOU'RE WELCOME.

>> THIS WILL BEHR CONTINUED FOR JANUARY 10TH.

AT 1:30. >> THANK YOU.

>> THANK YOU.

>> BYE BYE. >> YOU'RE WELCOME.

[G. 23-2366 CE 108 Gardenia Avenue RICARDO PELAYO Heather Debevec]

NEXT CASE IS 23-2366108 GARDENIAAVENUE.

RICARDO PELAYO.

>> WHEN YOU'RE READY. >> SPECIAL MAGISTRATE THIS IS CASE NUMBER 23-2366108 GARDENIA AVENUE.

THIS WAS FOR 304.1 EXTERIOR STRUCTURE GENERAL.

IPMC.2 PROTECTIVE TREATMENT. THE VIOLATOR BE GIVEN 30 DAYS TO REPAIR OR REPLACE THE ROTTING TRIM WHICH FORGIVE ME I BELIEVE HE HAS DONE. TO PAINT THE BARE WOOD.

FAILURE TO COMPLY -- I HAVE PHOTOS IN WHICH TO SUBMIT.

HE HAS NOT SEEN THEM YET.

MR. PELAYO HAVE YOU DONE ANY OTHER WORK?

>> I'VE DONE MOST OF THE WORK. I JUST NEED FOR THE PORCH THE P POSTS.

>> WE CAN MOVE THE PHOTOGRAPHS IN AS CITY'S COMMA SIT

EXHIBIT 1. >> ADMITTED AS SUCH.

>> YOU JUST NEED TO FINISH THE POST?

>> YEAH. THE PORCH.

THE PORCH. >> HAVE YOU BEEN TALKING TO MS. DEBEVEC? > NO I HAVEN'T TALKED TO HER.

I HAD AN EMERGENCY ON SEPTEMBER WHEN I HAD TO LEAVE TO MEXICO.

>> OKAY. >> BECAUSE MY MOM.

WHEN I CAME BACK AND THEN I HAVE MY WORK NO MORE SO I'M STRUGGLING RIGHT NOW FOR WORK BUT I HAVEN'T TALKED TO HER AND FOR THAT PORCH I'M TRYING TO GET A PERMIT I DON'T KNOW IF I COULD

TO PUT STUCCO ON IT. >> GET WITH MS. DEBEVEC WHO CAN DIRECT YOU TO THE BUILDING DEPARTMENT BECAUSE THE ONE THING I'VE LEARNED OVER THE YEARS WORKING IN THIS JOB THE CITY OF FORT PIERCE IS INTERESTED IN EVERYBODY MAKING THEIR HOUSES LOOK NICE BECAUSE IT MAKES THE CITY LOOK GOOD.

>> YEAH. >> SO IF YOU GET WITH HER, SHE CAN TELL YOU WHERE TO GO, WHO TO TALK TO AND WHEN YOU TALK TO THE OFFICIALS OVER THERE AND MAYBE WE CAN GET THIS TAKEN CARE OF

RIGHT AWAY. >> YEAH.

>> I THINK THAT'S THE ONLY THING I NEED.

>> I BELIEVE ALL HE HAS TO DO IS PAINT IT.

THAT'S THE ONLY THING LEFT. >> YES, MA'AM.

IT'S JUST TO PAINT THE BARE WOOD IS THE ONLY THING LEFT TO DO.

>> SO NO BUILDING PERMIT IS NECESSARY.

>> NO BUT I DON'T WANT TO PAINT IT.

I WANT TO PUT STUCCO SO I WANT TO GET A PERMIT FOR STUCCO.

>> DON'T LOOK A GIFT HORSE IN THE MOUTH I WOULD START.

JUST DO WHAT YOU CAN. FIX IT UP.

THE STUCCO.AYS COME BACK AND DO- BUT YOU GOT TO HAVE A PERMIT

WITH THAT STUCCO RIGHT. >> YES.

>> DEPENDING ON WHAT HE'S DOING. >> YOU NEED A PERMIT FOR IT.

>> YES. >> CORRECT.

STAFF IS STRONGLY RECOMMENDING IF HE PAINTS THAT WOOD HE COMPLIES OUR CASE AND THEN HE CAN WORK WITH THE BUILDING DEPARTMENTED ON GETTING THE PERMIT TO ENCLOSE THOSE WOOD AND PUT THE STUFF ON BUT TO SATISFY US, YOU NEED TO GET A GALLON OF WHITE PAINT AND PAINT THEM. AND THEN WE'RE DONE.

AND THEN YOU CAN WORK WITH THE BUILDING DEPEND AN TAKE YOUR TIME ON GETTING THE PROPER PERMITS FOR FUTURE WORK.

>> I'LL PAINT IT THIS WEEK. >> OKAY. ALL RIGHT.

[01:10:02]

GOOD LUCK.

>> OKAY. >> SPECIAL MAGISTRATE ARE WE

DOING AN ORDER OR CONTINUING? >> LET'S JUST CONTINUE THIS BECAUSE HE BASICALLY IS NOT IN VIOLATION AT THIS POINT.

UNLESS HE PUTS THE STUCCO UP. >> THE BARE WOOD IS NOT PERMIT

SOD HE HAS TO PAINT IT. >> JUST PAINT THE WOOD.

OKAY. >> CONTINUE TO JANUARY 10TH.

>> OKAY. THIS HAS BEEN CONTINUED TO JANUARY 10TH AT 1:30. AND AS LONG AS IT'S COMPLIED

THERE'S NO HEARING. >> THANK YOU.

>> HAVE A GOOD HOLIDAY. >> YOU TOO.

>> NEXT CASE IS 23-1870, 1404 JUANITAAVENUE, ROBIN IVY, JOHN

[N. 23-1870 CE 1404 Juanita Avenue ROBIN IVEY JOHN P IVEY Heather Debevec]

IVEY. >> CASE WAS INITIATED ON JULY 7TH OF IS THIS YEAR. IT WAS FOR IPMC EMERGENCY ESCAPE OPENINGS COVERED WINDOWS. ADDRESS IDENTIFICATION.

SECTION 123-37 SUN SECTION 12 LANDSCAPE MAINTENANCE.

SECTION 24-1924202421. SECTION 24192420 SUBSECTIONS 10 D. NONOPERATIVE VEHICLES.

>> AT THIS TIME THE CITY WILL MOVE THE PHOTOGRAPHS AS

EXHIBIT 1. >> ADMITTED AS SUCH.

ANYTHING FURTHER, MS. DEBEVEC? >> NOT AT THIS TIME.

>> AND MS. IVEY, HOW DO YOU RESPOND?

>> YOU WERE HERE NOT LONG AGO.

>> YEAH. I HAVE BEEN STRUGGLING.

I HAD A FRIEND THAT MOVED FROM ILLINOIS TO COME DOWN HERE TO HELP ME. --

>> ONE SECOND. WE'RE GOING TO MOVE THAT MICROPHONE DOWN FOR YOU.

>> YEAH. MY HOUSE HAS NOT BEEN WELL AND -- BEING MY SHELTH NOT WELL IT'S BEEN REALLY HARD FOR ME.

I'M THREE MONTHS BEHIND ON MY MORNING AND TRYING TO CATCH THINGS UP. WE REMOVED THE TRAILER AND THE TRUCK AND BOAT. I'M TRYING TO SELL THAT BECAUSE I NEED THE MONEY FINANCIALLY. SOME OF THE PICTURES SHE'S GOT HERE NOW THEY HAVE BEEN REMOVING A BUNCH OF IT TODAY AND YESTERDAY. NUMBERS ARE ON THE HOUSE.

HONESTLY, I MEAN, I PHYSICALLY -- I'M 45 AYEARS OLD WENT TO THE HOSPITAL SICK AND THEY TOLD ME I HAD A HEART ATTACK AND I DON'T EVEN KNOW WHEN I HAD IT SO I'M PHYSICALLY I CAN'T DO MUCH OF MUCH. YOU KNOW.

AND I DO HAVE FRIENDS HERE HELPING.

I MEAN, THERE'S A LOT. YOU CAN SEE NIT THE PICTURES.

>> THERE'S A LOT OF SCRAP. >> THERE IS.

>> IT IS WHAT IT IS. I MEAN, I DON'T -- I CAN'T EVEN AFFORD THE INSURANCE ON MY OWN VEHICLE THAT WAS WORKING SO I'M

[01:15:05]

LITERALLY HAVING SOMEBODY TRANSPORT ME BACK AND FORTH TO THE JOB THAT I HAVE. I DON'T HAVE -- I MEAN --

>> I KNOW BUT A LOT OF THIS STUFF IS THINGS YOU CAN MOVE JUST PUT THEM ON A TRUCK -- I'M NOT TRYING TO TELL YOU TO THROW THEM AWAY BUT STORE THEM. MS. DEBEVEC WILL TELL YOU WHAT YOU CAN DO WITH THEM. I DRIVE BY THERE SOMETIMES GOING

HOME FROM WORK. >> YES, MA'AM.

>> A LOT OF THAT STUFF YOU JUST GOT TO PACK UP AND MOVE THE STUFF. NOT YOURSELF.

>> NO, I UNDERSTAND THAT AND I JUST NEED A LITTLE MORE TIME TO GET FRIENDS TO HELP ME. I MEAN THAT'S ALL I CAN ASK FOR.

I MEAN, I CAN'T -- LIKE I SAID, I AM TO THE POINT WHERE I'M -- I HAD MY ELECTRIC TURNED OFF MULTIPLE TIMES AND HAD TO BEG AND DO WHATEVER I COULD TO GET IT TAKEN CARE OF SO I'M STRUGGLING. I'M WORKING FOR A DAYCARE.

DREAM CHASERS. AND IT'S JUST I'VE BEEN SICK SINCE I'VE GOTTEN THERE. AND LIKE I SAID I'VE JUST

BEEN -- THIS HAS BEEN -- >> BUT, AGAIN, I KNOW THAT THE HOUSE ONLY BECAUSE WHEN I DROVE PAST IT I RECOGNIZED IT FROM HERE. BUT A LOT OF THIS STUFF YOU JUST ARE GOING TO HAVE TO SOMEWHERE TO PUT IT BUT TALK TO MS. DEBEVEC. IF YOU HAVE TO PUT IT IN THE BACKYARD. JUST YOU KNOW JUST CLEAN IT UP.

THAT'S ALL THEY'RE ASKING. >> YEAH.

I MEAN, I KNOW THAT. I MEAN, I HAVE PICTURES FROM WHAT SHE TOOK THE OTHER DAY. SHE HAVE REMOVED A BUMBLING OF IT IN THE FRONT AND PUT THE NUMBERS WE PUT THE NUMBERS ON IN THE FRONT OF THE HOUSE. THE DOOR WAS PRESSURE WASHED.

YOU KNOW. I MEAN, IT'S --

>> DON'T FEEL LIKE YOU'RE THE LONE RANGER BECAUSE YOU'RE HAVING HARD TIMES. I THINK ALMOST ALL OF US ARE.

>> EVERYBODY IS. >> BUT A LOT OF THIS IS STUFF THAT YOU CAN DISPOSE OF. HAVE A YARD SALE.

>> OKAY. >> I'M TO THE POINT LIKE I DON'T

KNOW WHAT ELSE TO DO. >> A MAN'S JUNK IS ANOTHER MAN'S

TREASURE. >> YES, MA'AM.

>> AND I'M NOT TRYING TO TELL YOU HOW TO DISPOSE OF IT BUT LIKE I SAID IT'S NOT THAT BAD. IT JUST NEEDS TO BE CLEANED UP.

>> NOW DO YOU HAVE ANY QUESTIONS?

>> NO, MA'AM.

>> MS. DEBEVEC. >> ANY QUESTIONS?

>> NO, MA'AM.

>> AND IF YOU DO HAVE QUESTIONS I ALWAYS SAY IT CALL SOMEBODY AND SAY THIS IS WHAT I'M SUPPOSED TO DO BUT I GUARANTEE IF YOU CAN LET SOME OF THIS STUFF GO I SEE A LITTLE BITTY -- WELL, LET SOME OF IT GO, PUT SOME MONEY IN YOUR POCKET.

OKAY. BECAUSE I MEAN, YOU ALL HAVE MADE AN ATTEMPT TO CLEAN IT UP LIKE I SAID I DRIVE BY THERE GOING HOME SOMETIMES.

ANY QUESTIONS? AND IF YOU RUN INTO A REAL PROBLEM, CALL MS. DEBEVEC.

AND TALK TO HER BUT I GUARANTEE YOU THERE'S SOME PEOPLE OUT THERE WHO WILL FIND SOME OF THIS STUFF VALUABLE.

>> I'VE JUST NOT BEEN -- NOT WELL.

AND I'M TRYING TO DO CLASSES, DO MY JOB.

MY HOURS ARE NOT GOOD. HAVING PEOPLE PHYSICALLY ABLE TO HELP ME IS DIFFICULT. IT'S DIFFICULT.

BECAUSE THERE IS A LOT. THERE'S A LOT OF STUFF THERE.

>> IT IS. AND I KNOW IT'S GOT TO GO BECAUSE I'M OVERWHELMED WITH IT BY MYSELF LOOKING AT IT.

IT'S LIKE I DON'T EVEN KNOW. YOU KNOW, WE GOT THE TRAILER AND TRUCK OUT AND WE GOT THINGS MOVING.

I MEAN I'M JUST ASKING FOR A LITTLE MORE TIME.

>> I GUARANTEE YOU IF YOU SAY GARAGE SALE HALF OF IT WILL BE GONE BY THE WEEKEND. SERIOUSLY.

IT'S PEOPLE WHO DO NOTHING BUT GO TO GARAGE SALES ON THE WEEKEND.

>> THE BOAT IS WORTH A DECENT AMOUNT BUT I HAVEN'T HAD SOMEBODY WILLING TO PAY AND I KNOW THAT TAX TIME COMES AND THEY'RE GOING TO BE READY TO PAY.

>> GIVE A LITTLE MORE EFFORT. YOU'LL GET RID OF SOME OF IT.

IT'S NOT ALL BAD STUFF. IT JUST NEEDS TO GET CLEANED UP.

YOU HAVE A NICE TREE IN THE YARD.

>> VERY NICE. NICE TO SIT DOWN UNDERNEATH.

RELAX. THAT'S FOR SURE.

WE HAVE A NICE BREEZE. >> AND I THINK YOU'RE NEAR

CANAL. >> WE'RE ON CANAL.

SO YOU GOT A NICE PLACE. >> THE PASTOR IS ACROSS THE

[01:20:03]

STREET. WE GOT GREAT NEIGHBORS AND

PEOPLE AROUND US. >> YEAH.

I MEAN EVERYBODY IS WILLING TO HELP BUT IT'S LIKE THERE'S A LOT. IT'S A LOT.

>> I'VE BEEN LIKE I SAID I'VE BEEN IN THE HOSPITAL I WAS IN THE HOSPITAL FOR A WEEK. THIS LAST TIME AND I WAS SICK A WHOLE WEEK OUT OF WORK AND JUST LIKE I SAID I'M SO OVERWHELMED.

>> WELL, YOU CAN'T ALLOW YOURSELF TO BE OVERWHELMED.

JUST SAY HEY THIS HAS TO GO. THAT HAS TO GO.

WHAT CAN I PART WITH HERE. I MEAN I'M LOOKING AT LOOK LIKE A COOLER. SOMETIMES YOU JUST HAVE TO LET SOME THINGS GO.

AND THEN YOU SANITY TO COME BACK HERE AND BE BOTHERED WITH US.

ANY QUESTIONS?

>> NO, MA'AM.

>> TAKE CARE OF YOURSELF BUT THIS IS NOT AS BAD AS YOU'RE IMAGINING IT AND I'M SORRY ANT YOUR ILLNESS.

BECAUSE I WAS SICK ALL LAST WEEK.

SEVEN DAYS.

>> THIS COUGH HAS NOT GONE AWAY SINCE I START THIRD DEGREE JOB.

I CAN'T GET IT GONE.

LANDSCAPE MAINTENANCE. FOUND THE OWNER IN VIOLATION AND ORDERED TEN DAYS TO COMPLY OR A FINE OF $100.

ON JUNE 22ND, 2023, AFFIDAVIT OF NONCOMPLIANCE WAS ISSUED.

JULY 5TH OF THIS YEAR A LETTER WAS SENT.

JULY 11TH OF 2023 REQUEST FOR A MASSEY HEARING RECEIVED.

NOVEMBER 28TH OF 2023 AFFIDAVIT OF COMPLIANCE ISSUED FINES STOPPED. BALANCE AS OF 122623 IT IS $15,900. I HAVE PHOTOS FROM THE CASE IF

YOU WISH. >> OKAY.

>> AND IT'S 126. SORRY.

6. >> SPECIAL MAGISTRATE, THE COMPLIANCE IS VERY NEW. I ACTUALLY JUST GOT THE PAPERWORK BACK ON MY DESK TODAY SO FOURNTLY, I DID NOT GET A CHANCE TO DO THE ADMINISTRATION COST THAT I WOULD NORMALLY DO BECAUSE IT JUST IS HAPPENING RIGHT NOW.

BUT WE CAN GO OVER THE MASSEY CRITERIA QUICKLY.

THE GRAVITY OF THE VIOLATION WAS MODERATE.

IT WAS A LANDSCAPING ISSUE. BUT IT WAS A LARGE ISSUE.

SIGNIFICANT PROGRESS WAS MADE. YOU CAN SEE ON THIS PAPERWORK HERE IT WAS NOT MARKED IN COMPLIANCE.

SIGNIFICANT PROGRESS AS YOU CAN SEE ON THE PATHWAYS NOW IN THE HOUSE AND PROPERTY STILL NOT IN COMPLIANCE.

WE DID MARK IT IN COMPLIANCE JUST RECENTLY.

>> OKAY. GOOD. ANY PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR THERE WERE NONE.

>> I'M JUST GOING TO HIGHLIGHT A COUPLE OF THE PHOTOS THAT ARE RECENT. JUST IN THIS PHOTO HERE THE FACT -- YOU CAN SEE THE HOUSE. WHICH IN PRIOR PHOTOS I CAN BRING UP ONE PRIOR PHOTO TO SHOW SHOW THAT YOU COULD NOT DO THAT AT THE BEGINNING. THERE'S NO HOUSE TO BE FOUND HERE. SO BASED ON THE AMOUNT OF WORK THAT HAS BEEN DONE, YOU KNOW, STAFF DID MOVE TO COMPLY THIS CASE. IT'S JUST A FINE.

THIS IS A MASSEY HEARING. IT'S NOT LIENS.

JUST FINES CLOSE TO $16,000. I MENTIONED I'M NOT ABLE TO GIVE A FIRM ADMIN COST BECAUSE IT'S NEW BUT THE AMOUNT DUE IS IN

[01:25:05]

YOUR HANDS SPECIAL MAGISTRATE TO DETERMINE WHAT TO DO WITH.

>> WELL SO I WANT TO BE CLEAR WHAT BECAUSE WE'RE KIND OF IN A HYBRID AT THIS POINT RIGHT BECAUSE WHAT WAS SENT OUT ORANYLLY TO HER WAS A NOTICE THAT -- A NOTICE THAT THE FINES BEGAN TO RUN. RIGHT.

FINES -- RIGHT. SO SO TYPICALLY WHERE WE WOULD BE AT THIS POINT WOULD BE A REDUCTION OR IF NOT PAID A WOULD BE ENTERED. I THINK MY REQUEST IS TO STOP THE FINES TODAY AND BRING THIS BACK IN JANUARY FOR ADMIN COSTS AND GIVE HER TIME TO FIGURE THAT OUT.

I DON'T KNOW HOW QUICKLY CAN YOU DO ADMIN COSTS.

>> NO. I NEED THE FILE AND SIT DOWN AND

GO THROUGH THE ADMIN COSTS. >> IS THAT OKAY. ARE YOU OKAY WITH DOING THAT? THAT WAY --

>> I'M OKAY WITH CONTINUING IT TO JANUARY BECAUSE WHEN THIS HEARING WHEN ALL OF THIS LAST WEEK WHEN WE WERE DOING THIS IT WAS NOT IN COMPLIANCE. WE'VE NOW MOVED INTO COMPLIANCE AND I'VE NOT HAD A CHANCE TO DO THE PAPERWORK.

NOT NECESSARILY FAIR TO MS. HARVEY WITHOUT ME HAVING THAT INFORMATION IN FRONT OF US OTHER THAN, YOU KNOW, LETTING HER KNOW THAT WE APPRECIATE THE WORK THAT SHE'S DONE AND WE'RE WILLING TO REDUCE IT AT THIS TIME JUST DON'T HAVE A NUMBER TO

PROVIDE AT THIS TIME. >> ARE YOU OKAY STOPPING THE FINES TODAY? WE'LL COME BACK IN JANUARY.

>> NO. THEY STOPPED BECAUSE WE STOPPED

THEM. >> YOU'RE RIGHT.

I'M SORRY. >> BECAUSE THEY'RE IN

COMPLIANCE. >> SO IT'S JUST A MATTER OF

ADDRESSING WHAT ACCUMULATE. >> SO MS. HARVEY CAN YOU COME BACK IN JANUARY SO WE CAN DO THOSE NUMBERS TO SEE WHAT IT CAN

BE REDUCED TO? >> I'M READY JUST TO GO AND CUT

EVERYTHING DOWN IN MY YARD. >> YOU'RE DONE.

YOU DON'T HAVE TO CUT ANYTHING DOWN ANYMORE.

YOU'RE DONE. YOU COMPLIED ALL OF THAT.

SO YOU DID WHAT YOU NEEDED TO DO.

NOW THE ONLY ISSUE IS THAT THERE WERE FINES ON THE PROPERTY AND WHAT WE CAN CALCULATE IS WHAT OUR ACTUAL COST WAS TO ADMINISTER THE CASE AND SEE WHAT WE CAN BRING THAT DOWN TO TO

HELP YOU OUT. >> I DON'T HAVE --

>> GO AHEAD. >> I CAN'T.

I CAN'T. I HAVE BEEN WORKING AND I DON'T HAVE ANY FANCY ELECTRICAL STUFF THAT I CAN CUT A TREE DOWN OR CUT A BUSH DOWN. I'VE DONE IT ALL BY MY HANDS.

MY BACK IS KILLING ME. I CANNOT EVEN WALK.

I LOVE MY YARD. I HAVE GOTTEN RID OF

THREE-FOURTHS OF THINGS. >> MS. HARVEY.

>> I KNOW BUT I'VE HAD IT. I'VE HAD IT.

>> WE THANK YOU. YOU DID AN EXCELLENT JOB.

>> YOU DID. ALL BY YOURSELF.

AND WE THANK YOU. >> I JUST WANT TO BE FREE.

>> WHAT AM I SUPPOSED TO DO? >> OKAY. ALL RIGHT.

MS. HARVEY. OKAY. YOU'VE DONE WHAT WE ASKED YOU TO DO. THE PLACE LOOKS FANTASTIC.

>> THANK YOU. >> WE COMPARED THE PICTURES.

YOU DID A GREAT JOB. YOU DID A REAL GOOD JOB.

>> THANK YOU. >> SO WHAT WE'RE GOING TO DO IS ROLL THIS OVER UNTIL JANUARY BECAUSE THIS IS A HOLIDAY SEASON. AND THEN TRY AND COME TO AN AGREEMENT WITH THOSE FINES. WE WANT TO REDUCE THEM.

>> YEAH. >> OKAY.

>> YEAH. SO I DON'T WANT YOU FRUSTRATED BECAUSE YOU'VE DONE AN EXCELLENT JOB.

AND THE YARD IS BEAUTIFUL. IT WAS JUST OVERGROWN.

BUT IT'S BEAUTIFUL. IT LOOKS EVEN BETTER NOW.

>> I KNOW. AND MY NEIGHBORS ARE ALL SO

PROUD OF IT. >> UH-HUH.

I AM TOO. >> THEY ALL NOTICED IT AND THE

KIDS SAID WE CAN WALK THROUGH. >> TELL THEM NOT TO WALK THROUGH

YOUR YARD. >> IT LOOKS FANTASTIC.

>> BUT, YEAH. JUST KEEP IT UP.

MAINTAIN IT. AND THEN WHEN YOU COME BACK IN JANUARY HOPEFULLY WE CAN COME UP WITH AN AMOUNT THAT WE CAN ALL

AGREE UPON. >> OKAY.

>> AND DON'T WORRY ABOUT THIS. >> OKAY. THANK YOU.

>> WELCOME. THANK YOU FOR BEING PATIENT.

>> OKAY. >> ANY QUESTIONS?

>> NO. I'M JUST SO PROUD OF DIFFERENT PLANTS LIKE PEOPLE HAVE SAID THE ONE THAT WAS IN THE DRIVEWAY LIKE AND I SAW 200 BUTTERFLIES SWALLOW TAILS AND I SAID I PLANTED THAT THING FROM A TWIG.

HEATHER KNOWS. SHE SAW THAT.

MY FRIEND CAME OVER AND SAID JEAN, WE CAN PULL THE PLANT UP

[01:30:02]

AND TIE IT WITH STRING AND IT WOULD WANT BE ON THE DRIVEWAY.

>> UH-HUH. >> I SAID OH MY GOSH.

AND IT'S STARTING TO SPROUT. >> AND YOU'RE GOING TO GET MORE

BUTTERFLIES TOO. >> I KNOW IT.

>> YEAH. AND I'M ALSO WORKING ON A GARDEN AT MY CHURCH.

>> I'LL COME BACK IN JANUARY. >> THANK YOU, MS. HARVEY.

HAVE A GOOD ONE.

>> SEE Y'ALL. THANK YOU.

GOD BLESS Y'ALL. >> YES.

HAPPY HOLIDAYS.

SGLA AND YOU MIGHT WANT TO TAKE SOME OF THOSE PLANTS IF YOU CLIP THEM AND SEE IF YOU CAN SELL THEM.

>> YEAH. I'VE GOT ONE IS MICKEY MOUSE PLANT. AND IT HAS NOW IT'S NOT DOING ANYTHING RIGHT NOW BUT IT HAS LITTLE A HUNDRED LITTLE FLOWERS, LITTLE MICKEY MOUSE PLANT WITH THE EARS FOR THE MOUSE AND RED AND YELLOW OH, MY GOSH.

THAT'S HEAVEN OUT THERE. >> IT LOOKS GOOD.

THANK YOU SO MUCH. I APPRECIATE IT.

>> THANK YOU.

HALLELUJAH. HEATHER, THANK YOU.

>> YOU'RE WELCOME, MS. HARVEY. WE'LL SEE YOU IN A FEW WEEKS.

>> OKAY. GOD BLESS Y'ALL. THANK YOU.

>> HAVE A GOOD HOLIDAY.

>> WE'RE GOING TO RETURN BACK TO CASE 23-2903, 1121 AVENUE E.

KEZIA TERRELL.

OKAY. DID YOU REACH HER? >> GOOD.

>> OKAY. >> TELL ME HOW TO SAY HER NAME.

>> KEZIA. >> SIT SPELLED WRONG?

>> TERRELL. >> DID YOU HAVE A CHANCE TO SPEAK WITH HER? DOES SHE WANT US TO CALL HER?

>> NO. WE'RE GOOD.

>> SO WE WILL JUST SEND THE FINE.

WE BOTH HAD A LONG CONVERSATION WITH HER OUTSIDE AS YOU WOULD

REFER TO IT AS A SIDE BAR. >> YES.

>> AND HOPEFULLY THAT WILL WORK. HOW IS IT PAID? LUMP SUM? WE CAN GIVE YOU TIME OR HER TIME TO PAY, WHOEVER IS PAYING IT. IT WILL BE ORDERED AGAINST THE OWNER. WHEREVER THE MONEY COMES FROM THAT'S WHERE IT COMES FROM LEGALLY I GUESS I SHOULD SAY.

COMPLETE JOKE. BUT WE CAN GIVE YOU THE TIME TO PAY SO IF YOU NEED HOW FAR ARE WE DOING.

12 MONTHS, A YEAR. SO WE CAN GIVE A YEAR TO PAY IT.

AND THEN YOU DON'T HAVE TO PAY IT IN A LUMP SUM.

YOU CAN MAKE PAYMENTS AS YOU WANT.

FINANCE WILL TAKE WHATEVER PAYMENTS ARE AVAILABLE AND IT

WILL BRING DOWN THE BALANCE. >> ALL RIGHT.

SO DOES THAT GO OUT IN A LETTER? >> IT DOES.

> OKAY. >> IT WILL GO TO HER AS THE OWNER IN IF A LETTER. CAN WE MAKE SURE HE GETS A COPY.

IF YOU GIVE THE CLERK YOUR EMAIL SHE'LL EMAIL YOU A COPY AS WELL SO YOU HAVE IT BUT IT'S KIND OF UP TO YOU ALL.

IF YOU HAVE THE YEAR YOU CAN PAY IT ON DAY 2 OR 364 OR ANYWHERE

ALONG THE WAY. >> THOSE WERE THE QUESTIONS THAT WE HAD. OKAY.

>> AND IF THEY DON'T PAY IT -- >> WE'RE JUST GOING TO DO AN ORDINANCE. JUST AN ORDER.

>> OKAY. OKAY. YOU CAN ALSO PROVIDE US WITH THE ADDRESS IN

[01:35:02]

NORTH CAROLINA FOR MS. TERRELL. WE CAN MAIL IT DIRECTLY TO HER

AS WELL. >> I THINK YOU HAVE MY AUNT EMMA'S ADDRESS THERE.

>> I ONLY HAVE MS. TERRELL AS A 1501 NORTH 35TH STREET SEEN ON

THE SCREEN. >> OKAY.

>> JUST TO BE CLEAR IT WAS 4,000 WITH 12 MONTHS.

>> UH-HUH. >> OKAY. YOU NEED 12 MONTHS TO

PAY? >> THAT'S FINE.

>> OKAY. NOW FAILURE TO PAY THERE'S NO FAILURE TO PAY IN

THIS. >> NO, MA'AM.

>> ALL RIGHT. THIS IS THE TREE CASE.

ALL RIGHT. OKAY.

>> THANK YOU. YOU'RE GOOD TO GO.

MAKE SURE SHE HAS YOUR ADDRESS. >> I WILL.

I'LL MAKE SURE SHE HAS MY EMAIL ADDRESS.

>> OKAY.

>> ALL RIGHT. THANK YOU.

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

>> 30 DAYS TO APPEAL. >> 30 DAYS TO APPEAL.

NOT GOING TO APPEAL IT. >> THANK YOU, YOUR HONOR.

GOOD JOB. >> THANK YOU AGAIN.

>> THANK YOU.

I THINK WE HAVE A TELEPHONE ONE.

DO WE HAVE A TELEPHON? THE LAST ONE.

OKAY.

[D. 23-2295CE 210 N 18th Street Nucci Nicola Charmaine Kirkland]

>> SORRY. I WAS OPTIMISTIC.

>> OUR NEXT CASE IS A TELEPHONE CASE.

CASE 23-2295210 NORTH 18TH STREET.

ALL RIGHT. CASE NUMBER 23-2295210 NORTH 18TH STREET OWNER IS NUCCI NICOLA.

>> I HAVE TO CALL THE PERSON FIRST.

>> OH, SORRY.

>> >> HELLO.

HI, MR. NUCCI? >> YES.

>> THIS IS CATHERINE LIVE IN OUR COMMISSIONER CHAMBERS FOR OUR HEARING THIS AFTERNOON. I'M GOING TO GO AHEAD AND SWEAR YOU IN AND YOU'RE GOING TO GIVE THE CITY THE OPPORTUNITY TO PRESENT THEIR CASE AND THEN YOU WILL HAVE A CHANCE TO SPEAK AFTER. OKAY.

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

>> NICOLA, NUCCI. >> DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH?

>> YES. >> THANK YOU.

>> YOU'RE WELCOME. >> NOW MS. KIRKLAND.

CASE 23-2295. ADDRESS 210 NORTH 18TH STREET O OWNER NUCCI NICOLA.

VIOLATIONS ARE SECTION 24-19D, 24-20, 24-21 SUBSECTION 1 AND 5.

NUISANCE AS IN OBJECT OUTSIDE STORAGE.

IPMC 702.4 EMERGENCY ESCAPE OPENINGS COVERED WINDOWS.

SECTION 123-37 SUBSECTION 12 LANDSCAPE MAINTENANCE.

CORRECTIVE ACTIONS ARE PLEASE REMOVE ALL LADDERS, TIRES, BUCKETS AND ALL OTHER ITEMS THROUGHOUT THE YARD.

ITEMS MAY BE STORED IN AN INDOOR GARAGE OR SHED.

PLEASE REMOVE ALL SHUTTERS FROM WINDOWS THROUGHOUT THE HOUSE.

CUT AND TRIM ALL OVERGROWN GRASS, TREES, AND HEDGES.

THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION THAT THE FOLLOWING BE ORDERED, VIOLATION BE GIVEN TEN DAYS TO COMPLY. FAILURE WILL RESULT IN A FINE OF $100 PER DAY. AND I DO HAVE PHOTOS OF THE TIME AND DATE OF THE VIOLATION.

>> MADAME CLERK, CAN I CONFIRM WE SENT THE PHOTOGRAPHS TO THE

RESPONDENT? >> MR. NUCCI YOU DID SEE THE

PHOTOGRAPHS >> >> YES.

>> ADMITTED AS SUCH. >> THAT IS THEAL CONFIRMATION.

>> PERFECT.

>> WE'RE GOOD. THANK YOU.

[01:40:03]

>> ANYTHING FURTHER MS. CAN I RECOLLECT KIRKLAND?

>> NO, MA'AM.

>> OKAY. ARE YOU GOING TO ASK HIM ANY QUESTIONS?

>> I DON'T HAVE ANY QUESTIONS FOR HIM SPECIFICALLY.

GROAN HE HAS ANYTHING TO ADD. >> HAS HE COMPLIED IN.

>> NO, MA'AM. >> SO WHERE ARE YOU STANDING ON

THIS MR. NUCCI? >> I JUST NEED SOME MORE TIME TO GET IT ALL CORRECTED.

>> WHEN WAS THIS INITIATED? >> AUGUST 11TH OF THIS YEAR.

>> HAS THERE BEEN ANY PROGRESS ON THE PROPERTY, MS. KIRKLAND?

>> THERE HAS BEEN SOME. SOME OF THE OUTSIDE STORAGE WAS REMOVED. AND HE HAS ANOTHER CASE THAT HAS THE INOPERABLE VEHICLES SOME OF THEM WERE REGISTERED.

THE COVERINGS ARE STILL ON THE WINDOWS.

>> IS ANYTHING COMPLIED AT THIS POINT?

>> NO, MA'AM. >> WOULD YOU CATEGORIZE IT AS ANY SORT OF SIGNIFICANT PROGRESS?

>> NO. >> HAVE YOU SEEN THE PICTURES?

>> I'M LOOKING AT THEM. YES, MA'AM.

LOOKS LIKE THE MOST RECENT DATE YOU WENT OUT WAS YESTERDAY.

>> YES, MA'AM. >> ANYTHING FURTHER?

>> NO, MA'AM. >> SIR, HOW DO YOU RESPOND TO

THE ALLEGATIONS? >> BASICALLY, CODE ENFORCEMENT IS DOING HER JOB OBVIOUSLY. YOU KNOW.

>> I CAN'T HEAR YOU, SIR. >> I SAID SHE'S A CODE ENFORCEMENT OFFICER AND IS DOING HER, BASICALLY AND I HAVEN'T BEEN THERE BECAUSE I'VE BEEN IN NEW YORK.

AND TAKING CARE OF MY MOM. SO I'M GOING TO HAVE TO ADDRESS

A LOT OF THAT. >> SIR, IS THERE SOMEBODY LIVING IN THE PROPERTY? ON THE PROPERTY?

>> YES, IT'S MY FRIEND THAT LIVES THERE.

WE GREW UP TOGETHER, YES. >> DID YOU UNDERSTAND THE REQUEST THAT THE CITY IS MAKING TO ME IN REFERENCE TO THIS

PROPERTY NOT BEING MAINTAINED? >> YES.

YES, MA'AM. >> SO YOUR FRIEND IS LIVING THERE. ARE CHILDREN THERE?

>> NO. THERE'S NO CHILDREN THERE.

NO. NOT AT ALL.

>> YOU REALIZE IT'S -- >> I'M GOING TO LIKE I SAID I'M GOING TO MAKE A TRIP DOWN THERE TO ADDRESS A LOT OF THAT.

AND I HAVE TO MAKE SOME ARRANGEMENTS TO HAVE SOMEBODY

HANDLE MY MOM. >> DO YOU NORMALLY RESIDE IN NEW YORK, SIR, OR ARE YOU JUST VISITING NEW YORK?

>> I GO BACK AND FORTH. >> OKAY. WHEN YOU COME DOWN HERE DO YOU LIVE AT THIS PROPERTY OR SOMEWHERE ELSE?

>> MY LICENSE IS UP HERE IN NEW YORK STILL BASICALLY BECAUSE OF

MY MOM BASICALLY LIVES HERE. >> BUT WHEN YOU COME TO FORT

PIERCE. >> I STAY IN FLORIDA FOR A

LITTLE BIT. >> OKAY. AND GUILT OR INNOCENCE

BACK. >> DO YOU RESIDE AT THAT HOME WHEN YOU COME HERE OR STAY AT THAT HOME OR --

>> I STAY OVER THERE. AT HOME.

YES. >> OKAY. AND SO THE PERSON THAT'S IN THERE, IS HE A TENANT RENTING FROM YOU?

>> NO. NOT AT ALL.

>> HE'S JUST -- >> HE'S A FRIEND THAT WE WENT TO SCHOOL TOGETHER FROM FIRST GRADE.

>> IS HE ABLE BODIED AND ABLE TO CLEAN UP THE PROPERTY?

>> ABSOLUTELY. ABSOLUTELY.

HE WAS SUPPOSED TO TAKE CARE OF THAT FOR ME WHICH HE CLEANED UP THE GRASS AND EVERYTHING. HE CUT AND PUT AWAY A LOT OF THE STUFF IN THE SHED.

>> OKAY. YOU DID SEE THE PHOTOGRAPHS THAT WERE SENT TO YOU?

I DON'T THINK HE HEARD YOU. >> SIR, YOU'VE SEEN THE CONDITION OF THE PROPERTY THE OUTSIDE.

>> I'VE SEEN THE CONDITION FROM THE PICTURES TAKEN FROM AUGUST.

>> RIGHT AND THE PLACE IS REALLY NEEDS SOME WORK DONE.

THAT'S THE REASON I'M GOING TO GO OUT THERE AND FIND OUT WHAT'S THE STORY. YOU KNOW.

>> BUT I THINK YOU TOLD US THIS BEFORE.

[01:45:06]

I DON'T THINK I TOLD YOU THIS BEFORE ON THE OUTSIDE OF THAT

PROPERTY >> I'M TALKING ABOUT ALL THE DEBRIS IN THE YARD. THE PLACE NEEDS PAINTING.

TOYS. I REMEMBER THIS CASE.

I'M GOING TO GO OUT THERE. IT'S GOT TO GET DONE.

>> ANYTHING FURTHER?

>> I THINK STAFF IS CLARIFYING HE WAS HERE ON A DIFFERENT CASE BEFORE. SAME PROPERTY DIFFERENT CASE.

>> UH-HUH.

>> NOTHING FURTHER FROM THE CITY, MA'AM.

>> OKAY. ANYTHING YOU WOULD LIKE TO SAY, SIR?

>> BASICALLY I HAVE TO GET IT DONE AND ALL I CAN TELL YOU IS BASICALLY THE NEIGHBOR IS A LITTLE NUISANCE.

>> HOW DID THIS PROPERTY COME TO CODE?

>> IT WAS JUST AN INSPECTION OH IT WAS A COMPLAINT I'M SORRY.

IT WAS A COMPLAINT. >> YEAH.

ALL RIGHT. I WILL IT'S YOUR DECISION BUT YOU NEED TO COME DOWN HERE AND LOOK AT THIS PROPERTY.

>> NOT JUST LOOK AT IT. GET IT DONE ALSO.

>> OKAY. >> DEFINITELY.

>> ALL RIGHT. ANYTHING FURTHER?

>> NO, MA'AM. >> ALL RIGHT THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT THE NUCCI NICOLA IS RESPONSIBLE FOR THE RESIDENCE 210 NORTH 18TH STREET.

VIOLATIONS ARE NUISANCE AS AN OBJECT OUTSIDE STORAGE, EMERGENCY ESCAPE OPENINGS, WINDOWS COVERED, LOOKS LIKE I DON'T KNOW WHAT THEY'RE COVERED WITH BUT THEY'RE COVERED AND THAT'S NOT SAFE. AND LANDSCAPE MAINTENANCE.

THE YARD IS IN NEED OF SOME CLEANING UP TOO.

>> THAT'S EASY STUFF TO DO. I DON'T UNDERSTAND WHY THIS

PERSON IS NOT DOING IT FOR ME. >> BUT IT'S MY RESPONSIBILITY.

>> IT IS. >> SO SO ARE YOU GOING TO PAY SOMEBODY TO CLEAN THIS UP OR IS YOUR FRIEND GOING TO CLEAN IT

UP? >> WELL, IF I HAVE TO PAY SOMEBODY I'LL OR I'LL COME DOWN AND DO I WANT MYSELF.

>> WELL IT'S YOUR RESPONSIBILITY.

>> YES. >> AND IT'S EASY THINGS TO DO.

IT'S JUST NOBODY IS DOING IT.

>> YES. >> ALL RIGHT.

THE CORRECTIVE ACTION IS REMOVE ALL LADDERS, WOOD PALLETS, TIRES, BUCKETS, AND ALL OTHER MISLAINOUS ITEMS THROUGHOUT THE YARD. ITEMS MAY BE STORED IN AN INDOOR GARAGE OR SHED. PLEASE REMOVE ALL SHUTTERS FROM WINDOWS THROUGHOUT THE HOUSE. PLEASE CUT AND TRIM ALL OVERGROWN GRASS, TREES, AND HEDGES.

NOW HOW LONG DO YOU THINK IT WILL TAKE YOU TO GET THIS GOING?

>> I HAVE TO MAKE ARRANGEMENTS. IT'S THE HOLIDAYS.

>> NO. NO.

YOU'VE BEEN HERE BEFORE. HUH-UH.

YOU'VE BEEN HERE BEFORE.

I'M GOING TO -- DO YOU WORK?

>> NO. I JUST TAKE CARE OF MY MOM AT THE MOMENT RIGHT NOW.

OKAY. SIR, I'M GOING TO GIVE YOU TEN DAYS TO COMPLY.

AND IF YOU DON'T, YOU'RE GOING TO BE FINED $100 PER DAY.

UNTIL THE PLACE IS DLEEN CLEAN -- CLEANED UP.

>> CAN I GET A LITTLE BIT LONGER?

>> SPECIAL MAGISTRATE THAT DOES TAKE IT TO 12/26.

>> OKAY. DO YOU WANT TO DO THE 10INGING OF JANUARY?

>> WELL, I WOULD JUST EXTEND IT TO 30 DAYS DUE TO THE HOLIDAY.

>> I'LL GIVE YOU 30 DAYS TO CLEAN IT UP BUT IF YOU DON'T, YOU'RE GOING TO BE BACK IN HERE AND I'M PROBABLY GOING TO FINE YOU BECAUSE THIS IS THE SECOND TIME YOU'VE BEEN HERE SINCE I'VE

BEEN HERE. >> SPECIAL MAGISTRATE WE'VE ALREADY ASKED THAT AN ORDER BE FOUND IT'S JUST THAT 30 DAYS TO COMPLY OR A FINE OF 30 DAYS PER DAY.

I FIND HE'S IN VIOLATION FAILURE TO COMPLY AND THE CORRECTIVE ACTIONS. SO YOU'RE IN VIOLATION.

AND ARE YOU IN AGREEMENT WITH THE TEN DAYS?

>> 30 DAYS. >> 30 DAYS TO COMPLY.

ALL RIGHT. YOU WILL GET FINED.

$100 PER DAY. >> YES, MA'AM.

>> 30 DAYS TO APPEAL. >> 30 DAYS TO APPEAL.

YOU HAVE ANY QUESTIONS?

>> NO, MA'AM. >> ALL RIGHT.

THANK YOU. GOOD LUCK.

>> THANK YOU. >> THANK YOU.

>> BYE.

>> OKAY. WE'RE GOING TO JUMP TO REGULAR ORDER.

[A. 23-2336 CE 3102 Hibiscus Ave Affordable Housing of Florida LLC Isaac Saucedo]

[01:50:06]

NEXT CASE IS 13-23-363102 HIBISCUS AVENUE.

AFFORDABLE HOUSING OF FLORIDA, LLC.

>> GOD AFTERNOON. >> YOU LOOK VERY NICE TODAY.

>> THANK YOU. >> I THINK HE JUST WORE THE

JACKET TO BE WARM. >> THIS IS CASE NUMBER 23-23363102 HARKS H WITH AN ADDRESS OF PO BOX 1506.

VIOLATIONS ARE IPMC. I'M SO SORRY 24-192021 SUN SECTION 11. INDOOR FURNITURE.

304.2 PROTECTIVE TREATMENT. IPMC 304.6 EXTERIOR WALLS AND SECTION 30- -- RESPONSIBILITY OF CONTAINERS.

CORRECTIVE ACTION IS TO REMOVE ALL WOODEN INDOOR FURNITURE LOCATED THROUGHOUT THE YARD. THAT HAS BEEN COMPLIED.

PRESSURE WASH AND PAINT THE HOME WHERE DETERIORATION HAS OCCURRED. THEY WERE WORKING ON THAT YESTERDAY. I'M ASSUMING THAT SHOULD BE IN COMPLIANCE BY TODAY. TO REPAIR HOLES THROUGHOUT THE HOME. AND REPAIR THE -- AND TO REMOVE ALL TRASH RECYCLING CONTAINERS TO THE SIDE OR REAR OF STRUCTURE ON NONCOLLECTION DAYS. THE CITY I DO WANT TO MAKE A LITTLE BIT OF SOME CHANGES TO MY RECOMMENDATION.

THE CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE FOLLOWING BE ORDERED.

THE VIOLATOR BE GIVEN TEN DAYS TO APPLY FOR A PERMIT TO REPAIR THE TRIM THROUGHOUT THE HOME AND COMPLY WITH ALL PERMIT CONDITIONS AND TO MOVE ALL THE TRASH AND RECYCLING CONTAINERS TO THE SIDE OR REAR OF THE STRUCTURE ON NONCOLLECTION DAYS.

FAILURE TO COMPLY RESULTS IN A FINE OF $150 PER DAY.

>> WHAT LETTER OF THE ALPHABET IS THIS?

>> I THINK IT'S A. >> OKAY. THANK YOU.

>> I DO HAVE PHOTOS HERE. DO THEY FAIRLY AND ACCURATELY

DEPICT THE PROPERTY? >> THEY DO.

>> WE WILL MOVE THESE IN AS CITY'S COMPOSITE EXHIBIT 1.

DID YOU MOVE THEM IN? >> YES, MA'AM, I DID.

>> I'LL ADMIT AS SUCH. >> ANYTHING FURTHER?

>> NOT FROM ME, NO.

>> IS THERE ANYTHING YOU WOULD LIKE TO SAY, SIR?

>> NOBODY HERE. NOBODY IS HERE FOR THIS ONE.

>> OKAY. THIS IS -- WELL, THIS IS MR. HATFIELD RIGHT?

>> YES, MA'AM. >> OKAY. ALL RIGHT.

I FIND THAT THE REGISTERED AGENT OF THE PROPERTY IS NOT PRESENT AND NEITHER IS THERE A REGISTERED AGENT ON HIS BEHALF.

I FIND A VIOLATION EXISTS AT 3102 HIBISCUS AVENUE AND THAT AFFORDABLE HOUSING OF FLORIDA IS THE PARTY RESPONSIBLE FOR THE VIOLATION. DO YOU WANT TO GIVE THEM TEN

DAYS? >> MR. SAUCEDO CHANGED HIS RECOMMENDATION A LITTLE BIT IF HE COULD READ IT IN.

IF THAT'S WHAT YOU'RE IN AGREEMENT TO.

>> SO GIVEN TEN DAYS TO REMOVE ALL THE TRASH AND RECYCLING CONTAINERS TO THE SIDE OF THE HOUSE OR THE BACK.

AND TO APPLY FOR A BUILDING PERMIT TO REPAIR THE TRIM THROUGHOUT THE HOME. AND COMPLY WITH ALL PERMIT

CONDITIONS. >> ALL RIGHT.

>> ARE YOU STILL ASKING FOR $150 PER DAY IF IT'S NOT COMPLIED IN.

>> YES. >> ALL RIGHT.

I'LL ACCEPT THE RECOMMENDATION OF MR. SAUCEDO ON BEHALF OF THE CITY OF FORT PIERCE. TEN DAYS TO REMOVE ALL OUTSIDE STORAGE. PRESSURE WASH AND PAINT THE HOUSE WHERE CHIP AND MOLDING OR DETERIORATION HAS OCCURRED.

REMOVE ALL TRASH RECYCLING CONTAINERS TO THE SIDE OR REAR OF THE STRUCTURE ON NONCOLLECTION DAYS.

TEN DAYS FOR THAT AS WELL. FAILURE TO COMPLY WITH THESE RECOMMENDATIONS OF THIS ORDER COULD RESULT IN A FINE OF $150

[01:55:02]

PER DAY BE ASSESSED. 30 DAYS TO APPEAL.

>> QUESTION, DID YOU WANT TO DO AN R&D FOR THE OUTSIDE STORAGE AND THE PRESSURE WASHING OR JUST REGULAR COMPLIANCE?

>> REGULAR COMPLIANCE. >> THANK YOU.

>> THANK YOU.

[F. 23-2354CE 116 Gardenia Avenue FRANCISCO AGUSTIN MIRELLA AGUILERA Heather Debevec]

>> NEXT CASE IS 23-2354, 116 GARDENIAAVENUE.

WHEN YOU'RE READY.

>> SPECIAL MAGISTRATE, THIS IS CASE NUMBER 23-2354, 116 GARDENIA AVENUE. CASE WAS INITIATED ON AUGUST 29TH FOR IPMC 702.4 EMERGENCY ESCAPE OPENINGS, SECTION 30-20 SUBSECTION C RESPONSIBILITY FOR CONTAINERS WHICH HAS BEEN COMPLIED, SECTION 123-37 SUBSECTION 12 LANDSCAPE MAINTENANCE. IPMC ACCESSORY STRUCTURES.

304.2 PROTECTIVE TREATMENT. THE CITY REQUESTED OF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATOR BE GIVEN FIVE DAY TEASE OPEN ALL SHUTTERS.

TEN DAYS TO MOVE ALL TRASH RECYCLING CONTAINERS TO THE SIDE OR REAR OF THE STRUCTURE ON NONCOLLECTION DAYS.

MOE THE GRASS. TRIM BUSHES.

REPAIR THE FENCE WHERE IT IS FALLING AND DISCONNECTED TO AREAS WHERE IT IS PEELING AND PAINT THE BARE WOOD TRIM AROUND THE HOME. FAILURE TO COMPLY RESULTS IN A FINE OF $100 PER DAY BEING ASSESSED.

I HAVE PHOTOS TO SUBMIT. >> DO THEY FAIRLY AND ACCURATELY DEPICT THE PROPERTY AS YOU OBSERVED IT?

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

>> THEY WILL BE ADMITTED AS SUCH.

>> ANYTHING FURTHER?

>> NO, MA'AM. >> ALL RIGHT.

I FIND THAT FRANCISCO IS IT AGUSTIN AND

>> I FIND FRANCISCO IS NOT PRESENT AND REPRESENTATIVE HERE ON THEIR BEHALF. I FIND A VIOLATION EXISTS AT 116 GARDENIA AVENUE AND EVERY PARTY IS RESPONSIBLE FOR THE VIOLATIONS. THE CORRECTED ACTIONS ARE -- HOW MANY OF

THESE HAS HE COMPLIED WITH ? >> THE CONTAINERS WERE COMPLIED. THE GRASS HAS BEEN COMPLIED. THE FENCE DOES HAVE A RAILING MISSING WHERE IT NEEDS TO BE REPAIRED AND THE PAINT

STILL NEEDS TO BE DONE. >> UNDER THE RECOMMENDATION ONE, TWO, THREE IS STILL NEEDING TO BE DONE UNDER THE

RECOMMENDATION ? >> UNDER RECOMMENDATION. GIVE HIM FIVE DAYS FOR THE SHUTTERS, 10 DAYS FOR THE CONTAINERS, GRASS, FENCE AND PAINT. IS THAT STILL ACCURATE ?

>> YES. >> I FIND THE RECOMMENDATIONS FOR THE VIOLATIONS THAT HE BE GIVEN FIVE DAYS TO OPEN ALL SHUTTERS AND GIVEN 10 DAYS TO REMOVE ALL TRASH, RECYCLING CONTAINERS TO THE REAR SIDE, TO THE REAR OF THE STRUCTURE. ALL NON- CONNECTION DAYS TO MOW THE GRASS, CLEAN THE FENCE LINES AND TRIM BUSHES FOR A NEAT APPEARANCE. REPAIR THE FENCE WERE IT HAS FALLEN AND DISCONNECTED. PINK THE AREAS WHERE IT'S PEELING AND TRIM AROUND THE HOME. COMPLY WITH A

[H. 23-2376 CE 203 Gardenia Avenue JBM PROPERTIES DELAWARE LLC Heather Debevec]

RESULT OF $500 A DAY. >> THANK YOU.

>> NEXT CASE IS 23-2376. >> WHAT IS THE ALPHABET NUMBER

? >> 5H.

>> WHEN YOU ARE READY. >> THIS IS 23-2376 203 GARDENIA AVENUE. DELAWARE, LLC. THE CASE WAS INITIATED ON AUGUST 29TH OF THIS YEAR. IT WAS FOR SECTION 2418 2420 --

[02:00:03]

[INDISCERNIBLE]. THE CITY IS REQUESTING IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE FOLLOWING THE ORDER.

THE PILOT BE GIVEN 10 DAYS FROM REFRAINING TO PARK IN THE FRONT YARD. FAILURE TO COMPLY WITH A RESULT OF $100 PER DAY BEING ASSESSED. THE PAINT HAS BEEN TAKEN CARE OF.

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

>> DO WE HAVE PHOTOGRAPHS ? >> YES. I APOLOGIZE.

>> DO THEY DEPICT THE PRETTY AS YOU OBSERVED IT ?

>> YES. >> IT WILL BE ADMITTED AS EVIDENCE. I FIND --

>> NO, MA'AM. >> JBM PROPERTIES IS NOT PRESENT OR THEIR REPRESENTATIVE ON THEIR BEHALF. I FIND THE VIOLATIONS STATED EXIST. CORRECTIVE ACTION PARKING IN THE FRONT YARD, PAINT THE HOME WITH A PAINT IS PEELING AND THE SHADE IS SHOWING THROUGH. BE GIVEN 10 DAYS TO REFRAIN FROM PARKING ON THE FRONT LAWN. 30 DAYS TO PAINT THE HOME WHERE PEELING HAS FADED AND RND ON THAT WHICH HAS BEEN COMPLIED.

FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 PER DAY BEING

[I. 23-2498 CE 2102 Sunrise Boulevard MALINSKA CARGO SHIPPING LLC Heather Debevec]

ASSESSED. 30 DAYS TO APPEAL. >> NEXT CASE IS 23-23 98. 202

GARDENIA BOULEVARD. >> WHEN YOU ARE READY.

>> 2102 SUNRISE BOULEVARD. CARGO SHIPPING. THE CASE WAS INITIATED ON SEPTEMBER 6TH OF THIS YEAR. SECTION 30-20. THE CITY REQUESTED THE SPECIAL MAGISTRATE FINDS THE VIOLATIONS EXIST THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN 10 DAYS TO MOVE ALL TRASH, RECYCLING CONTAINERS TO THE STRUCTURE ARE NOT COLLECTION DAYS. TO REPAIR THE SOFFIT BITE UNIT B, THE VIOLATOR BE GIVEN 30 DAYS TO PAINT THE SIGN ON THE WEST SIDE WHERE IT IS PEELING, PRESSURE WASH THE ROOF WHERE'S DISCOLORING. REPLACE AND NAME MOVE ALL SIGNAGE FROM UNITS B AND C FOR BUSINESSES THAT ARE NO LONGER THERE. TO OBTAIN A PERMIT. TO ADDRESS THE RE-STRIPE THE PARKING LOT SPACES. FIRE TO COMPLY WOULD RESULT OF $250 A DAY BEING

ASSESSED. I DO HAVE PHOTOS. >> THE CITY WILL MOVE THE PHOTOGRAPHS IN AS COMPOSITE EXHIBIT 1.

>> IT WILL BE ADMITTED AS SUCH. ANYTHING FURTHER ?

>> NO, MA'AM. >> I FIND THE CARGO SHIPPING LLC THE PARTY RESPONSIBLE FOR THE VIOLATION. THERE IS NOT A REPRESENTATIVE TO APPEAR ON THEIR BEHALF. I WILL ORDER THE CORRECTIVE ACTIONS. MOVE ALL TRASH RECYCLING CONTAINERS TO THE REAR. A NON-COLLECTION DAYS, THEY HAVE 10 DAYS TO DO THAT. PAINT THE SIGN ON THE WEST SIDE WHERE IT IS PEELING.

30 DAYS TO DO THAT. PRESSURE WASH THE ROOF AND WALKWAY WERE IT IS DISCOLORING. REPAIR THE SOFFIT THAT HAS FALLEN BY UNIT B. REPLACE AND REPAIR THE MISSING AND LOOSE SHINGLES.

REMOVE ALL SIGNAGE FROM UNIT WITH BUSINESSES NO LONGER THERE. AND RE-STRIPE THE PARKING LOT SPACES. YOU NEED TO SPEAK TO THE BUILDING DEPARTMENT AT 772-E] FOR PERMIT INFORMATION AND REQUIREMENTS. VIOLATORS WILL GIVEN 10 DAYS TO REMOVE ALL TRASH. I READ THAT ALREADY.

PAINT THE SIGN THAT'S PEELING. HE HAS 30 DAYS TO APPEAL.

[02:05:02]

>> THANK YOU. >> FAILURE TO COMPLY WILL RESULT IN A FINE OF $250 A DAY BEING ASSESSED IF I DIDN'T SAY

[J. 23-2496 CE 827 Sunrise Boulevard MALINSKA CARGO SHIPPING LLC Heather Debevec]

THAT. >> NEXT CASE IS 23-2496 827 SUNRISE BOULEVARD. CARGO SHIPPING. THIS IS CASE 23-2496 FOUR 827 SUNRISE BOULEVARD. MOLLUSCA CARGO SHIPPING. CASE WAS INITIATED ON SEPTEMBER 6. IT WAS FOR SECTION [INDISCERNIBLE]. SECTION 120 337 SUBSECTION 12 LANDSCAPE MADNESS. SIDEWALKS AND DRIVEWAYS. THE CITY REQUESTED THE SPECIAL MAGISTRATE FINDS A VIOLATION JUST THE FOLLOWING BE ORDERED. FOR 10 DAYS TO REMOVE TRAILERS BEHIND THE FENCE.

REMOVE ALL OUTSIDE STORAGE TO LOCATE TRASH CONTAINERS TO THE REAR OF THE STRUCTURE A NONCOLLECTION DAYS. TO MOW GRASS ALONG THE FENCE LINE. THE VIOLATOR GIVEN TO 30 DAYS TO GET A PERMIT AND ADDRESS AND REPAIR THE DRIVEWAY IN THE PARKING AREA. TAYLOR TO COMPLY WOULD RESULT IN A $250 PER DAY TO BE ASSESSED. I DO HAVE PHOTOS.

>> THE CITY WILL MOVE THE PHOTOGRAPHS AS COMP IS DISH

COMPOSITE EXHIBIT 1. >> MOVED IN AS SUCH.

>> I FIND THE CARGO SHIPPING IS RESPONSIBLE FOR THE VIOLATIONS STATED IN THIS ACTION. THEY ARE NOT PRESENT OR THEIR REPRESENTATIVE ON THE COMPANY'S BEHALF. THE CORRECTIVE ACTIONS MOVE ALL TRASH RECYCLING CONTAINERS TO THE SIDE OF THE REAR OF THE STRUCTURE. RE-STRIPE THE PARKING LOT SPACES. YOU WILL NEED TO SPEAK TO THE BUILDING DEPARTMENT AT 772-343-3000 FOUR PERMIT. PRESSURE WASH THE ROOF AND WALKWAY WERE IT'S DISCOLORING. REPAIR THE SOFFIT THAT HAS FALLEN BY UNIT B. REPLACE AND REPAIR THE MISSING AND LOOSE SHINGLES. REMOVE ALL SIGNAGE FROM UNITS B AND C AS THE BUSINESS IS NO LONGER THERE. YOU BE GIVEN 10 DAYS TO

REMOVE ALL TRASH RECYCLING -- >> YOU ARE READING THE WRONG

PAGE. >> I'VE GOT FIVE OWL.

>> ON THE SCREEN IN FRONT OF YOU, GO TO THE SECTION.

>> RECOMMENDATIONS. VIOLATORS WILL BE GIVEN 10 DAYS TO REMOVE OR REGISTER ALL NON-OPERATIVE TRAILERS LOCATED BEHIND FENCE TO REMOVE ALL OUTSIDE STORAGE TO REMOVE ALL TRASH AND LOCATE TRASH TO THE SIDE ON REAR STRUCTURE A NONCOLLECTION DAY.

TO MOW AND TRIM THE GRASS ALONG THE FENCE LINE. THE VIOLATOR WILL GET 30 DAYS TO GET A PERMIT AND ADDRESS THE REPAIR OF THE DRIVEWAY AND PARKING AREA ON THE WEST SIDE OF THE PROPERTY. FAILURE TO COMPLY WILL RESULT IN A FINE OF $250

PER DAY BEING ASSESSED. >> THANK YOU.

>> NEXT CASE IS 23-2538. 211 AVENUE A. JAMES HATFIELD.

[K. 23-2538 CE 211 Avenue A JAMES HATFIELD Heather Debevec]

>> THIS IS CASE NUMBER 23-2538. 211 AVENUE A. JAMES HATFIELD. THIS WAS INITIATED ON SEPTEMBER 15TH OF THIS YEAR. IT WAS FOR SECTION 2419, 2420, SUBSECTION 11. NUISANCE, OUTSIDE STORAGE OF OUTDOOR FURNITURE. THE CITIES REQUESTING THE SPECIAL MAGISTRATE FINDS VIOLATION EXIST THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN

[02:10:10]

10 DAYS TO BRING IN OR MOVE INDOOR STYLE CHAIRS FROM THE BACK OF THE BUSINESS. TO CLEAN OFF OFFENSE LANES, TRADE WEEDS FROM AROUND THE BUILDINGS AND PARKING LOTS. THE VALOR BE GIVEN 30 DAYS TO PAINT THE SOUTH FACING WALL IN THE SECTION CLOSEST TO DEPOT DRIVE AND ABOVE THE TRIM WERE IT'S PEELING AND DISCOLORING. FAILURE TO COMPLY MAY RESULT IN A FINE OF $250 TO BE ASSESSED. I DO HAVE PHOTOS TO BE

SUBMITTED. >> WE ADMIT THE PHOTOGRAPHS AS

EXHIBIT 1. >> THEY ARE ADMITTED. ANYTHING FURTHER ? I FIND JAMES HATFIELD IS THE PARTY RESPONSIBLE FOR THE VIOLATION. HE IS NOT PRESENT OR A REPRESENTATIVE ON HIS BEHALF. THE RECOMMENDATION WILL BE GIVEN 10 DAYS TO BRING IN OR REMOVE THE INDOOR STYLE CHAIRS FROM THE BACK OF THE BUSINESS. TO CLEAN ALL FENCE LINES, TRIM WEEDS FROM AROUND THE BUILDING AND PARKING LOTS. THE VIOLATOR WILL BE GIVEN 30 DAYS TO PAINT THE SOUTH FACING WALL IN THE SECTION CLOSEST TO THE ROAD. TO PAINT THE WEST FACING TRIM AND ABOVE THE TRIM WHERE IT IS PEELING AND DISCOLORING. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN A FINE OF $250 PER DAY BEING ASSESSED. HE IS NOT PRESENT. NEITHER IS A REPRESENTATIVE.

>> NEXT CASE IS 23-2633. 129 NORTH FIFTH STREET. 129 NORTH

[L. 23-2633CE 129 N 5th Street 129 N 5TH LLC Heather Debevec]

FIFTH LLC. THIS IS CASE NUMBER 23-2633. 129 NORTH FIFTH STREET. CASE WAS INITIATED SEPTEMBER 26TH OF THIS YEAR.

SECTION 2419, 2420, 24 21. THE CITY REQUESTED THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST BUT WAS CURED PRIOR TO TODAY'S HEARING IN THE VIOLATOR BE PUT ON NOTICE PER STATE STATUTE 116.20673 EIGHT REPEAT OF THE VIOLATION WILL RESULT IN ADDITIONAL COSTS AND PENALTIES BEING ASSESSED. I HAVE PHOTOS

IN TO SUBMIT. >> TO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT THE PHOTOS ? WE ADMIT THE PHOTOS

AS EXHIBIT 1. >> THEY WILL BE ADMITTED AS SUCH. I FIND DISH ANYTHING FURTHER ? 129 FIFTH STREET LLC IS NOT HERE AND NO ONE HERE ON THEIR BEHALF. VIOLATIONS ARE OBJECTS OUTSIDE STORAGE. THE CORRECTION ACTION IS TO REMOVE THE CONSTRUCTION MATERIALS, BAGS, BROKEN FURNITURE, SCRAP WOOD AND ANY OTHER ITEMS IN THE ABOVE-MENTIONED ORDINANCE AND STORED OUT OF PUBLIC VIEW IN A GARAGE OR SHED.

>> YOUR HONOR. >> LOOKING AT YOUR

RECOMMENDATION. >> IT'S FOR REVIEW AND

DETERMINATION. >> I'M READING IT NOW. IT IS FOR REVIEW AND TERMINATION. THE VIOLATION HAS EXISTED BUT HAS BEEN CURED AS OF TODAY'S DATE. HE WILL BE ADVISED PER FLORIDA STATUTE . IN REPEAT OF THE VIOLATION COULD RESULT IN ADDITIONAL COSTS AND PENALTIES BEING ASSESSED. 30 DAYS TO

APPEAL. >> OUR LAST CASES 23-2373. 211 GARDENIA AVENUE. MICHAEL MIKE US.

[M. 23-2373 CE 211 Gardenia Avenue MICHAEL MIKUS Heather Debevec]

>> WHEN YOU ARE READY. >> THIS IS 23-2376. 211 GARDENIA AVENUE. CASE WAS INITIATED ON AUGUST 29TH OF THIS YEAR. SECTION 2419, 2420, 2420 SUBSECTION 4. THE CITY REQUESTED THE SPECIAL MAGISTRATE FINDS A VIOLATION EXIST THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN 10 DAYS TO REMOVE THE VEHICLE FROM THE FRONT YARD. FIRE TO COMPLY WITH BE $100 ASSESSED PER DAY. I HAVE PHOTOS TO SUBMIT.

>> THEY DO DEPICT WHAT I'VE SEEN ON THOSE DATES AND TIMES.

PHOTOS IN AS COMPOSITE EXHIBIT 1.

>> WILL BE ADMITTED AS SUCH. ANYTHING FURTHER ? I FIND THAT MICHAEL MAKE THIS IS NOT HERE NEITHER IS A REPRESENTATIVE ON HIS BEHALF. I DO FIND THE PARTY IN THIS NUISANCE PARTY PARKING ON PAVEMENT AND NUISANCE AS IT OBJECT. CORRECTIVE ACTION.

REFRAIN FROM PARKING ON THE FRONT YARD. I FIND THAT IF A

[02:15:01]

VIOLATION EXIST HE BE GIVEN 10 DAYS TO REMOVE THE VEHICLE FROM TE YARD. FAILURE TO COMPLY WILL RESULT IN A FINE OF $500 A DAY TO BE ASSESSED. IF I DIDN'T SAY, NEITHER HIM OR A REPRESENTATIVE IS HERE ON HIS BEHALF.

[A. 23-0386 CE 119 Wisteria Ave Jean Harvey Heather Debevec]

>> THANK YOU. >> FOR CASES REQUIRING A HEARING PER STATE STATUTE WAS 62.12 OF THOSE HEARING WAS SET TO THE VIOLATORS THROUGH CERTIFIED MAIL. THE GREEN CARD WAS RETURNED SIGNED IT IS PLACED IN THE FILE. IF THE GREEN CARD RETURNED UNSIGNED OR UNCLEAN AN AFFIDAVIT WITH NOTICE OF HEARING IS SET THROUGH U.S. MAIL. TEMPERS TO THE HEARING AND NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL. YOU NOTICE OF HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.

IF THE GREEN CARDS NOT RETURNED TO THE CODE ENFORCEMENT DEARTMENT WITHIN 10 DAYS BEFORE THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE TEST MAILING OF THE NOTICE OF HEARING OR HANDLING IN THE SAME MANNER. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HERE COMES A HEARING IS POSTED ON THE BALTIMORE IN CITY HALL.

>> THANK YOU. >> I BELIEVE WE ARE ADJOURNED.

? >> WE ARE DONE.

>>

* This transcript was compiled from uncorrected Closed Captioning.