Feb 07, 2024 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:08]

>>> GOOD AFTERNOON. MY NAME IS FRAN ROSS. I AM SPECIAL MAGISTRATE, WHO WILL BE PRESIDING OVER THIS AFTERNOON'S HEARINGS. WE DON'T NEED TO DO THAT.

>> NOW, LET'S -- BE BACK UNDER THE RULES, WE NEED TO FOLLOW

THE AGENDA. >> WE NEED TO FOLLOW THE

AGENDA. >> WE ARE GOING TO FOLLOW THOSE

RULES. >> OKAY.

>> FOR THOSE OF YOU THAT ARE PRESENT, BECAUSE YOU RECEIVED NOTICE THAT YOUR PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CITY CODE OR ORDINANCE, YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT, AND AS OF TODAY, YOU ARE HERE FOR THE RECORD . THERE AREN'T ANY PARTICIPANTS HERE. SO, I GUESS WE CAN JUST --

>>'S STAND FOR THE PLEDGE? >> STAND FOR THE PLEDGE, YEAH.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

[B. 23-1926 PK Jaycee Park Calvin Paige Michael Rabenecker]

[C. 23-1817 PK South Causeway Park Celina Williams Tyler Williams Michael Rabenecker]

SWEAR THEM IN. >> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU ARE ABOUT TO

GIVE IS THE TRUTH? >> YES.

>> THANK YOU. I'M GOING TO GO AHEAD AND START WITH THE IDENTIFICATION OF CASES AND COMPLIANCE AND RESCHEDULE. CASE 23-1958, SOUTH CAUSEWAY PARK, HENRY MARE, 23-20 761, 201 GARDEN AVENUE. 23-2639, 722 U.S. HIGHWAY 1, EDEN'S CREMATION SOCIETY OF FLORIDA LLC. 23-1816 SOUTH CAUSEWAY PARK, DIANA ROVELO. 23-1920, JAYCEE PARK, 23-1804, JAYCEE PARK, PHILLIPS. 23-19 32, KIMBERLY PAWLIK. THE 23-1922, JAYCEE PARK, LOPEZ. 23-2955, 100 BLOCK OF MARINA WAY, MARTINEZ. 23-1927, JAYCEE PARK, RICHARDS. 23 MINUS 2996,

[A. 23-2996 PK 100 N US highway 1 JAVORIS WYNTER Heather Debevec]

>> WHEN YOU'RE READY. >> MAGISTRATE, THIS IS CASE 23-2996, 100 NORTH U.S., JAVORIS WYNTER. CASE WAS INITIATED ON NOVEMBER 8TH, 2023. IT WAS FOR PARKING CITATION 18337, CODE SECTION 34-3 RUN, SUBSECTION P, PARKED IN A HANDICAPPED ZONE. THE FINE IS $250 WITH AN ADMINISTRATION FEE OF $10, LATE FEE OF $18, TO TOTALED $278.

THE CITY REQUESTS SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE FOLLOWING THE ORDER, THE VIOLATOR BE ASSESSED A FINE OF $278. FAILURE TO PAY A FINE WOULD RESULT IN CITATION BEING FORWARDED TO THE STATE COUNTY COURT SYSTEM. I DO HAVE PHOTOS IN WHICH TO SUBMIT.

>> TO THE PHOTOS ACCURATELY SHOW THE VIOLATION, AS YOU

WITNESSED IT? >> YES, MA'AM.

>> I WOULD LIKE TO PLACE THESE PHOTOS INTO EVIDENCE, AS

EXHIBIT ONE. >> THEY WILL GET PROCESSED.

THANK YOU. >> ANYTHING ELSE?

>> NO, MA'AM. >> OKAY. AND JAVORIS WYNTER IS NOT PRESENT, NEITHER IS A REPRESENTATIVE HERE ON HIS BEHALF. HOWEVER, I DO FIND A VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL IMPOSE A FINE. YOU ARE ASKING FOR HOW MUCH MONEY?

>> $278, MA'AM. >> I WILL IMPOSE A $278 FINE IN THIS MATTER. AND HE HAS 30 DAYS TO APPEAL. FAILURE TO PAY

[00:05:07]

>> HOW MUCH TIME? >> 30 DAYS.

>> HOW MUCH TIME TO PAY? >> 30 DAYS.

>> 14, MA'AM? >> 14. OKAY. 14 DAYS TO PAY.

>> DO WE NEED TO SPECIFY ON THE RECORD OF THE FINE IS $250, THE ADMINISTRATIVE FEE IS $10, AND THE LATE FEE IS $18, FOR A

TOTAL DUE OF $278? >> YEAH, I DON'T HAVE A --

>> OKAY. IT IS A -- IS IT ON THE SCREEN FOR YOU?

>> IT IS ON THE SCREEN, BUT IT IS USUALLY IN THE PACKET. I WILL IMPOSE THE VINES THAT HAVE BEEN REQUESTED. 30 DAYS -- 30

[D. 23-1624 PK South Causeway Park Helen Downing Nathan Downing Michael Rabenecker]

DAYS TO PAY? ALL RIGHT. >> NO, 14 DAYS.

>> 14 DAYS, ALL RIGHT. >> 30 DAYS TO APPEAL.

>> 30 DAYS TO APPEAL. OKAY. ALL RIGHT, NEXT CASE.

>> NEXT CASES 23-1624, SOUTH CAUSEWAY PARK, HELEN DOWNING

AND NATHAN DOWNING. >> WHEN YOU'RE READY.

>> IT AFTERNOON, YOUR HONOR. >> IT AFTERNOON.

>> MY NAME IS MICHAEL RABENECKER, I AM EMPLOYED AT CITY OF FORT PIERCE AS A PARKING ENFORCEMENT SPECIALIST.

BEFORE YOU THIS AFTERNOON IS A CASE, 23-1264, PARKING VIOLATION THAT OCCURRED AT SOUTH CAUSEWAY PARK. THE CASE WAS INITIATED ON JUNE 4TH, 2023. THE OWNER OF THE VEHICLE CAME BACK AS A HELEN DOWNING AND A NATHAN DOWNING. THE VIOLATION IS BLOCKING A HANDICAP ACCESS. THE CITATION NUMBER WRITTEN IS 19868, A PARKING VIOLATION OF CITY ORDINANCE 34 MINUS 31P, BLOCKING HANDICAP ACCESS. THE CITY IS ASKING THAT THE $250 BE ASSESSED, LATE FEE OF $18, FOR A TOTAL OF $270. THE CITY REQUESTS THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS AND THE FOLLOWING BE ORDERED, THE VIOLATOR BE ASSESSED A FINE IN THE AMOUNT OF $278. FAILURE TO PAY SUCH A FINE, RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE THE DATE AND TIME STAMP TO ACCURATELY PORTRAY THE VIOLATIONS AS I WITNESSED IT.

>> PLACE THESE PHOTOS INTO EVIDENCE AS THE CITY'S EXHIBIT

ONE. >> REVIEWED.

>> ANYTHING ELSE? >> YOUR HONOR?

>> HOW MUCH TIME TO PAY? >> 14 DAYS TO PAY, AND 30 DAYS

TO APPEAL. >> ALL RIGHT. AND I FIND THAT NEITHER HELEN DOWNING NOR NATHAN DOWNING IS PRESENT, HOWEVER I WILL IMPOSE A FINE IN THE AMOUNT OF $250, A $10 ADMIN FEE AND A $18 LATE FEE, FOR A TOTAL OF $278. THEY HAVE 30 DAYS TO APPEAL. FAILURE TO PAY SUCH A FUND COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM, WHERE THEY WILL INCUR ADDITIONAL FEES AND COSTS. 30 DAYS TO APPEAL.

>> SPECIAL MAGISTRATE, COULD YOU PLACE ON THE RECORD THAT

YOU FIND A VIOLATION? >> OH, I THOUGHT I DID. I FIND THAT THERE IS A VIOLATION AND THEY ARE THE PARTIES

RESPONSIBLE FOR IT. >> THANK YOU.

>> THANK YOU, YOUR HONOR. >> YOU ARE WELCOME.

>> OUR NEXT CASE IS 23-1625, JETTY PARK, NICOLE PAUL.

[E. 23-1625 PK Jetty Park Nicole Paul Michael Rabenecker]

>> YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 23-1625, A PARKING VIOLATION THAT OCCURRED AT JETTY PARK.

THE CASE WAS INITIATED JUNE 4TH, 2023. THE OWNER OF THE VEHICLE CAME BACK AS A NICOLE PAUL. CITATION NUMBER WRITTEN IS 19866, A PARKING VIOLATION OF CITY ORDINANCE 34-31 C, RESTRICTED FOR CAR PARKING ONLY. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED, AN ADMINISTRATION FEE OF $10, A LATE FEE OF $18, FOR A TOTAL OF $270. A CITY REQUEST THAT IF SPECIAL MAGISTRATE FINDS THE FINE EXISTS, THEY ARE FINE $270 AND FAILURE TO PAY SUCH A FUN RESULT IN CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS HERE TO INTRODUCE A DATE AND TIME STAMP TO ACCURATELY PORTRAY THE VIOLATIONS AS I WITNESSED IT.

>> I WOULD LIKE TO PLACE THESE INTO EVIDENCE, AS THE CITY'S

COMPOSITE EXHIBIT ONE. >> IT WILL BE ADMITTED AS SUCH.

THANK YOU. 30 DAYS TO PAY, OR 10?

>> 14 DAYS TO PAY, 30 DAYS TO APPEAL.

>> 14 DAYS TO PAY. >> ALL RIGHT. I FIND THAT

[00:10:03]

[F. 23-1883 PK 100 Blk Marina Way Jose Ruiz Michael Rabenecker]

APPEAL. >> THANK YOU, YOUR HONOR.

>> OUR NEXT CASES 23-1818, 100 BLOCK MARINA WAY, JOSE RUIZ.

BEFORE YOU IS CASE NUMBER 23-1883, A PARKING VIOLATION THAT OCCURRED AT THE 100 BLOCK OF MARINA WAY. THE CASE WAS INITIATED ON JUNE 28TH, 2023. THE OWNER OF THE VEHICLE CAME BACK AS A JOSE RUIZ. CITATION NUMBER WRITTEN IS 19486, A PARKING VIOLATION OF CITY ORDINANCE 34-31 D, PARK POSTED BEYOND TIME LIMIT. THE CITY IS ASKING A $50 FINE BE ASSESSED, ADMINISTRATION FEE OF $10, LATE FEE OF $18 FOR A TOTAL OF $78.

THE CITY REQUESTS THAT IF SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THEY BE ASSESSED A FINE OF $70 AND FAILURE TO PAY SUCH A FUN RESULT IN CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE HERE, WITH A DATE AND TIME STAMP TO ACCURATELY PORTRAY THE VIOLATIONS AS I WITNESSED IT.

>> I WOULD LIKE TO PLACE THESE PHOTOS INTO EVIDENCE, AS THE CITY'S EXHIBIT, COMPOSITE EXHIBIT ONE.

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

>> NO, YOUR HONOR. >> ALL RIGHT. I FIND THAT JOSE RUIZ IS NOT PRESENT, NEITHER IS A REPRESENTATIVE ON HIS BEHALF, BUT I DO FIND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL IMPOSE A $50 FINE, $10 ADMIN FEE, $18 LATE FEE, FOR A TOTAL DUE OF $78, PAYABLE IN 10 DAYS?

>> 14 DAYS. >> 14 DAYS. AND FAILURE TO PAY SUCH A FUND COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM, WHERE THEY COULD INCUR ADDITIONAL

FEES AND COSTS. >> 30 DAYS TO APPEAL?

[G. 23-2021 PK Jaycee Park Elizabeth Novak William Torres, Jr. Michael Rabenecker]

>> 30 DAYS TO APPEAL. >> THANK YOU, YOUR HONOR .

>> YOU'RE WELCOME. >> NEXT CASE IS 23-2021, JAYCEE PARK, ELIZABETH NOVAK, WILLIAM TORRES JR.

>> WHEN YOU'RE READY. >> OKAY. YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 23-2021, A PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK. THE CASE WAS INITIATED ON JULY 1ST, 2023. THE OWNER OF THE VEHICLE CAME BACK AS ELIZABETH NOVAK AND WILLIAM TORRES JR. THE CITATION NUMBER WRITTEN IS 19493, IF -- A PARKING VIOLATION, PARKING PROHIBITED.

THE CITY IS ASKING THE $50 FINE BE ASSESSED, AN ADMINISTRATION FEE OF $10, LATE FEE OF $18 FOR A TOTAL OF $78.

CITY REQUESTS IF SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE FOLLOWING PEOPLE DID. THE VIOLATOR BE ASSESSED A FINE IN THE AMOUNT OF $70. FAILURE TO PAY SUCH A FUN RESULT IN CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE THAT HER DATE AND TIME STAMPED AND ACCURATELY PORTRAY THE VIOLATIONS AS I

WITNESSED IT. >> I WOULD LIKE TO PLACE THESE PHOTOS INTO EVIDENCE AS CITIES COMPOSITE EXHIBIT ONE.

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

>> NO, YOUR HONOR. >> ALL RIGHT, AND I FIND THAT NEITHER ELIZABETH NORA -- NO BACK NOR WILLIAM TORRES JR.

ARE PRESENT, HOWEVER I DO FIND THEY ARE THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL IMPOSE A FINE OF $50, ADMIN FEE OF $10, LATE FEE OF $18 FOR A TOTAL DUE OF $78. HOW MANY

DAYS TO PAY? >> PAYABLE IN 14 DAYS.

[H. 23-1925 PK Jaycee Park 1st Class Construction, INC Michael Rabenecker]

>> PAYABLE IN 14 DAYS, 30 DAYS TO APPEAL.

>> THANK YOU, YOUR HONOR. >> OUR LAST CASE TODAY IS CASE

[00:15:07]

>> OKAY. >> YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 23-1925, A PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK. THE CASE WAS INITIATED ON JUNE 18TH, 2023. THE OWNER OF THE VEHICLE CAME BACK AS A 1ST CLASS CONSTRUCTION INC. CITATION NUMBER WRITTEN IS 19284, A PARKING VIOLATION OF ORDINANCE 31-30 4C, RESTRICTING PARKING FOR BOAT TRAILERS, ONLY. THE CITY IS ASKING A NIFTY DOLLAR FINE BE ASSESSED, ADMIN FEE OF $10, LATE FEE OF $18, FOR A TOTAL OF $78. THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THE FIND EXIST, THE FOLLOWING BE ORDERED. THE VIOLATOR BE ASSESSED A FINE IN THE TOTAL OF $70, AND FAILURE OF PAIN FINE, WOULD RESULT IN FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE THE DATE AND TIME STAMP TO ACCURATELY PORTRAY THE VIOLATIONS AS I

WITNESSED IT. >> I WOULD LIKE TO PLACE THESE PHOTOS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE.

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

>> NO, YOUR HONOR. >> ALL RIGHT. I FIND THAT THE PARTIES ARE NOT PRESENT, HOWEVER I DO FIND THAT ELIZABETH NOVAK AND WILLIAM TORRES JR. ARE THE PARTIES RESPONSIBLE FOR THE LOT VIOLATIONS.

>> SPECIAL MAGISTRATE? I BELIEVE WE ARE ON 1ST CLASS

CONSTRUCTION INC. >> YES, YES. WE WERE ON 1ST

CLASS CONSTRUCTION. >> OKAY.

>> SORRY ABOUT THAT. >> YES, I I FIND 1ST CLASS CONSTRUCTION IS NOT PRESENT, NEITHER IS A REPRESENTATIVE ON THEIR BEHALF, HOWEVER I DO FIND THAT THEY WILL BE ASSESSED A $50 FINE, $10 ADMIN FEE, LATE FEE OF $18 FOR A TOTAL DUE OF $78. 14 DAYS TO PAY, AND FAILURE TO PAY SUCH A FINE COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM, WHERE THEY COULD INCUR ADDITIONAL FEES, AND 30

DAYS TO APPEAL. >> THANK YOU, YOUR HONOR.

>> THAT'S IT? >> YES, FOR CASES US REQUIRING HEARINGS, AND NOTICE OF HEARING WAS SENT TO THE VIOLATOR VIA CERTIFIED MAIL. THE GREEN CARD IS RETURNED SIGNED, IT IS PLACED IN THE FILE. IF IT IS RETURNED UNSIGNED OR UNCLAIMED, WITH A NOTICE OF HEARING ENCLOSED, IN REGULAR U.S. MAIL. PRIOR TO THAT YOU IS HEARING, IT WILL BE POSTED ON THE BULLETIN BOARD IN CITY HALL AND A NOTICE OF HEARING IS POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MATTER, AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE, MAILING OF NOTICE OF HEARING, ARE PRIOR. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED, OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.