[1. CALL TO ORDER]
[00:00:10]
HEARING OF 221 24 IS NOW CALLED TO ORDER. IF WE COULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.>> THANK YOU. >> IF YOU COULD PLEASE REMAIN STANDING. PLEASE RAISE YOUR RIGHT HAND. THANK YOU . DO YOU SWEAR AND CONFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE
WILL BE THE TRUTH? THANK YOU. >> THANK YOU.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> ALL RIGHT WE WILL START WITH THE IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED. CASE 23-2828 1505 YOSEMITE COURT , MENDOZA , 23-1975, SOUTH CAUSEWAY PARK, ORTEGA , 23-3004 , NORTH 17TH STREET , SIBANDA . 23-2833, U.S.
HIGHWAY 1 LEASE FLORIDA FORT PIERCE LLC. 23-2650 U.S.
HIGHWAY 1D KP PROPERTIES LLC. 23-2014 JC PARK WATKINS.
23-2022 JC PARK DEBORAH HARLESS. 232857 U.S. HIGHWAY 1 DONAT CIRCUS LLC. 23-2995, 309 GRANADA STREET , BELLA.
23-3065 303 NORTH 18TH STREET LOT 135 , LOAYZA. 23-3130 803 AVENUE M JC Q QUALITY CONSTRUCTION CORP. 23-2136 JC PARK , SHAVER. 23-2762 , GARDEN AVENUE , MARTIN .23-1967 BLK NORTH INDIAN RIVER DRIVE , SANS. 23-2020 JC PARK,
[B. 23-1956 PK 1600 Blk Binney Drive Ingrid Baker Michael Rabenecker]
PICKARD. OUR FIRST CASE TODAY WILL BE TO 3-1956 , BLK BINNEY DRIVE , INGRID BAKER. THAT WOULD BE 4 B .>> MY NAME IS RONALD BAKER, INGRID BAKER'S A SPOUSE OF 42 YEARS. I AM REPRESENTING INGRID. MY VEHICLE WAS ACTUALLY
PARKED -- >> THEY WILL GO FIRST AND THEN
YOU CAN RESPOND. >> IN AFTERNOON , YOUR HONOR.
MY NAME IS MICHAEL RABENECKER. I'M EMPLOYED WITH THE CITY OF FORT PIERCE IS A PARKING ENFORCEMENT SPECIALIST. BEFORE YOU THIS AFTERNOON AS CASE NUMBER 23-1956 A VIOLATION THAT OCCURRED AT THE 1600 BLOCK OF BINNEY DRIVE. IT WAS INITIATED ON JUNE 17, 2023. IT IS A REGULAR PARKING CITATION CASE. THE OWNER OF THE VEHICLE CAME BACK AS AN INGRID BAKER.
THE CITATION NUMBER WRITTEN AS 19466 , A PARKING VIOLATION OF CITY ORDINANCE PARKING IN THE CITY RIGHT-OF-WAY. THE CITY IS ASKING FOR A $50 FINE TO BE ASSESSED , ADMINISTRATION OF $10 AND A LATE FEE OF EIGHT DOLLARS TOTAL OF $70. WE ASK THAT THE SPECIAL MAGISTRATE FINDS THE CITATION EXISTED THAT WE ORDERED, FIND AND EIGHT DOLLARS AND FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SESSION. I HAVE PHOTOS THAT ACCURATELY PORTRAY THE VIOLATIONS AS I WITNESSED IT.
>> THE CITY WOULD MOVE THESE PHOTOS INTO EVIDENCE AS CITIES
COMPOSITE EXHIBIT ONE. >> THE PHOTOS PRESENTED WILL BE
[00:05:01]
ENTERED AS CITIES COMPOSITE EXHIBIT ONE.>> WE CAN DO OVERHEAD. . >> DOES THE CITY HAVE ANYTHING ELSE AT THIS TIME. MR. BAKER, RESPONSE? YEAH. MY HOUSE WAS BUILT IN 1951 , AND THE ORIGINAL DRIVEWAY ANNEX IS RIGHT NEXT TO MY MAILBOX ON BINNEY DRIVE. I WASN'T PARKED ON THE SIDEWALK, AND WE ACTUALLY PLAN ON PUTTING THIS RIGHT-OF-WAY BUT WE HAVEN'T DONE IT YET. SO, WE DIDN'T INHIBIT THE SIDEWALK , AND WE WERE ACTUALLY PARKED ON OUR REAL ESTATE THAT IS ANNEXED UNDER REAL FLORIDA REAL ESTATE LAW. FOR ENTRY AND IN AND OUT OF OUR PROPERTY.
>> IN AND OUT . >> INGRESS, EGRESS.
>> YES , I UNDERSTAND. YOU ARE PARKED IN THE RIGHT-OF-WAY.
>> THAT IS MY DRIVEWAY. THAT IS WHERE MY DRIVEWAY IS. EVERY MAILBOX HAS A DRIVEWAY NEXT TO IT . WHEN THE PEOPLE REMODELED THE HOUSE IN 2016 , THEY TURNED THE DRIVEWAY INTO SOMETHING ELSE, READ IT THE WHOLE HOUSE, BUT WE STILL HAVE THE DRIVEWAY RIGHTS, SO . I HAVE A SURVEY IF YOU WANT TO SEE.
>> YOU CAN HAND THE SURVEY UP. WE WILL TAKE A LOOK AT IT.
>> THAT IS WHERE OUR DRIVEWAY CUT IS APPROXIMATELY ALONG
WITH THE SURVEY. >> DO YOU WANT TO PASS THAT UP
AND LET ME TAKE A LOOK AT IT? >> I KNOW THE OFFICER PROBABLY DIDN'T REALIZE IT WAS REALLY A DRIVEWAY, BUT -- AND BACK IN 1951 IT WAS , AND MAYBE UP UNTIL THE TIME THEY BOUGHT THE HOUSE AND FLIP IT.
HAVE COPIES AT HOME AS WELL. >> SERVE , IS YOUR ADDRESS
1600? >> 1602 BINNEY DRIVE. THEY REARRANGED IT WHEN THEY REMODELED IT , PUT A FRONT DOOR ON EL DORADO. THE ONLY REASON I KNOW THIS IS I WENT TO CITY PLANNING TO GET SOME INFORMATION ON WHAT I COULD DO AS FAR AS UPDATE THE PROPERTY, AND I WAS TOLD THAT OUR DRIVEWAY, THE REASON OUR MAILBOXES ON BINNEY DRIVE IS BECAUSE OUR DRIVEWAY WHEN THE HOUSE WAS ORIGINALLY BUILT WAS ON BINNEY DRIVE , AND THEY DID BUILD A GARAGE, LIKE A SEPARATE GARAGE THAT IS UNATTACHED TO THE PROPERTY , AND WE PLANNED ON, AGAIN, PUTTING IN A CIRCULAR DRIVEWAY ON THE PROPERTY COMING IN OFF OF BINNEY DRIVE NEXT TO OUR
MAILBOX. >> IT SAYS IT IS A CITY RIGHT-OF-WAY. THERE IS A SIDEWALK AND THAT IS CITY
RIGHT-OF-WAY. >> WOULD YOU LIKE TO PUT THIS
INTO EVIDENCE? >> YES. BECAUSE THAT IS WHERE MY DRIVEWAY USED TO BE ON BINNEY DRIVE.
>> I'M SORRY -- >> YES, THEY ARE INSIDE YOUR
PAPERCLIP BOX. >> SO THE RESPONDENT WOULD LIKE TO PLACE THIS INTO EVIDENCE . AFTER YOU TAKE A LOOK AT IT I WOULD LIKE TO GIVE IT BACK TO.
>> OKAY . THIS COPY OF THIS SURVEY WILL BE ENTERED AS RESPONDENT EXHIBIT NUMBER ONE.
>> THERE ARE SOME NOTES IN RED PEN WHICH IS WHERE THE MAILBOXES AND WHERE THE DRIVEWAY USED TO BE.
>> I'VE ONLY PLACED THE PLOT INTO EVIDENCE, NOT THE
[00:10:01]
>> LIVE THAT DOWN SO I CAN PUT IT ON THE OVERHEAD. PLEASE RETURN IT TO THE RESPONDENT. THANK YOU.
>> THANK YOU . IS THAT AS CLEAR AS WE CAN GET THAT? YEAH, I DON'T -- THERE WE GO . RIGHT THERE.
>> MR. BAKER , ARE YOU SAYING YOU DON'T HAVE A DRIVEWAY AT THIS TIME AND THAT IS WHY YOU HAVE TO PARK THERE?
>> I HAVE A SEPARATE DRIVEWAY BUT I WANTED TO USE THAT SPACE BECAUSE IT IS PART OF MY ANNEXATION OF INGRESS AND EGRESS, AND I CAN PUT A DRIVEWAY THERE ONCE I SUBMIT PLANS TO THE PLANNING BOARD BECAUSE THERE USED TO BE A DRIVEWAY THERE WHEN THE HOUSE WAS ORIGINALLY BUILT. I KNOW, I KNOW THE POLICE WOULD NOT KNOW THAT IN GOING B AND SEEING ALL THERE IS, YOU KNOW, BUT THAT WAS THE ORIGINAL DRIVEWAY AND UNDER THE ANNEXATION RULES, IT HAS BEEN OVER 25
YEARS SINCE 1951. >> SIR, AT THIS POINT , CONSIDERING YOU HAVE BROUGHT NEW EVIDENCE, I WOULD GIVE YOU AN OPPORTUNITY TO CONTINUE THIS HEARING TO THE NEXT MEETING , SO YOU CAN AUTHENTICATE YOUR DOCUMENTS AND ALLOW CODE ENFORCEMENT TO LOOK INTO THIS . AT THE TIME WHAT I'M LOOKING AT A LONG BINNEY DRIVE WHERE OUR OFFICER HAS SAID HE SAW THE VEHICLE PARKED , IT IS MARKED AS A RIGHT-OF-WAY . NOT YOUR RIGHT-OF-WAY , CITY RIGHT-OF-WAY.
>> I'M SURE ANY DRIVEWAY ALONG BINNEY DRIVE IS MARKED AS
RIGHT-OF-WAY. >> I UNDERSTAND THAT. THE CODE SECTION YOU HAVE VIOLATED IS PARKING IN THE RIGHT-OF-WAY.
>> SO ANYONE THAT PERKS IN THEIR DRIVEWAY IS BLOCKING THE
RIGHT-OF-WAY? >> WOULD YOU LIKE A
>> CAN WE CONTINUE THIS UNTIL THE NEXT HEARING SO HE CAN
AUTHENTICATE -- >> THE NEXT ONE WOULD BE 3/ 20
>> OKAY. SO WE WILL SEND THE NOTICE OUT FOR THAT DATE, MR.
BAKER. >> THAT WE HAVE A CHANCE TO GO AHEAD AND TAKE A LOOK AT THE DOCUMENT.
>> THAT WILL GIVE US A CHANCE TO CONSIDER .
>> I'M SORRY, MR. BAKER, CAN I GET YOUR FIRST NAME FOR THE RECORD, PLEASE? CAN I GET YOUR FIRST NAME FOR THE RECORD
>> THANK YOU. >> YOU'RE WELCOME. EVERYONE
HAVE A GOOD DAY. >> THANK YOU.
[H. 23-2049 PK South Causeway Park Linda Ross Leslie Ross-Luc Michael Rabenecker]
SOUTH CAUSEWAY PARK. LINDA ROSS AND LESLIE ROSS LUKE. THAT WILL BE 4 H.CASE BEFORE YOU IS TO 3-2049, A PARKING VIOLATION THAT TOOK PLACE AT SOUTH CAUSEWAY PARK. IT WAS ISSUED ON JULY 8, 2023. THE OWNER OF THE VEHICLE CAME BACK AS A LINDA ROSS AND LESLIE ROSS-LUC . THE CITATION WRITTEN WAS 19919, A PARKING VIOLATION OF CITY ORDINANCE 34 E- 30 1E PARKING PROHIBITED AT ALL TIMES. THE CITY IS ASKING FOR $50 FINE TO BE ASSESSED, ADMINISTRATION FEE OF $10, AND ADMINISTRATION FEE OF EIGHT DOLLARS FOR TOTAL OF $78. IF WE FIND THE VIOLATION EXISTS WE REQUEST THE FOLLOWING BE ORDERED. A FINE IN THE AMOUNT OF $78 AND FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS THAT INTRODUCE THE DATE AND TIME STAMPS AND ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IT.
>> I , WELL I CAN CLEARLY SEE IT NOW , BUT WHEN THIS
[00:15:06]
ORIGINALLY HAPPENED -- >> YOU ARE JUST BEING SHOWN
>> YOU CAN ARGUE YOUR POSITION LATER.
>> I DON'T KNOW HOW THIS WORKS.
>> THAT'S OKAY. WE ARE GOING TO PUT THEM IN EVIDENCE.
>> I'M SORRY. >> IT IS YOUR OPPORTUNITY TO SEE THEM BEFORE THAT HAPPENS.
>> THE CITY WOULD MOVE THE PHOTOGRAPHS INTO EVIDENCE AS CITIES COMPOSITE EXHIBIT ONE.
>> THE PHOTOS WILL BE ENTERED AS CITIES COMPOSITE ONE. YOU NEED TO LOOK AT THEM WHEN YOU RESPOND?
>> KNOW. WELL -- >> YOU WILL HAVE THAT OPPORTUNITY IN A MINUTE. HE IS GOING TO SPEAK FIRST AND THEN I WILL HAND THEM BACK TO YOU IF YOU NEED THEM.
>> ANYTHING ELSE? >> NO, MA'AM.
>> I CAN CLEARLY SEE ON THE PHOTOS, NOW I CAN CLEARLY SEE THAT THAT WAS A WRONG PARKING SPACE, BUT AT THE TIME WHEN I PARKED THERE, MY MOM AND I WERE GOING FOR A WALK ACROSS THE BRIDGE AND WE RODE AROUND AND WROTE ARATA COULDN'T FIND PARKING AND THERE WAS THE ONE THAT WAS THERE PREVIOUSLY SO I WAITED AND I WENT INTO THAT PARKING, BECAUSE I WASN'T EVEN LOOKING , I DIDN'T EVEN NOTICE THE LINE IN THE BOTTOM. IT WAS THE SUMMER TIME AND I WAS JUST GLAD THAT I SAW THE PARKING SO WE CAN GET SOME EXERCISE ACROSS THE BRIDGE . AND I GUESS I CAN'T DISPUTE IT. I GUESS THAT IS A PARKING TICKET, BUT THAT IS JUST MY THOUGHT. WAS SO BUSY. THERE WAS NO PARKING TO EVEN PART, TO EVEN GO FOR A WALK THAT DAY, SO THAT IS WHY , I MEAN, I DON'T KNOW . AND IF IT IS IN MY MOM'S NAME I WILL PAY FOR IT, BECAUSE I DON'T WANT IT TO AFFECT ANYTHING ON HER, SO, BECAUSE WE ARE ON THE SAME TAG TOGETHER.
>> AND YOU STATE YOUR NAME FOR THE RECORD?
>> LESLIE ROSS-LUC . >> IS THERE ANYTHING ELSE?
>> NO, YOUR HONOR. >> I AM GOING TO FIND YOU ARE IN VIOLATION FOR THE $50. I WILL WAIVE THE ADMINISTRATION
FEE AND LATE FEE. >> THANK YOU. THANK YOU SO
MUCH. DO I PAY THAT NOW? >> YOU CAN, I BELIEVE.
>> WHEN CAN I PAY IT? >> HOW MANY DAYS ARE YOU
ORDERING TO PAY? >> YOU CAN PAY IT WITHIN 14 DAYS AND YOU HAVE 30 DAYS TO APPEAL.
>> THANK YOU SO MUCH. DO I STAY HERE?
>> IF YOU WOULD LIKE TO GO UPSTAIRS TO PAY IT NOW, WE CAN PREPARE SOMETHING SO THAT YOU CAN GO UPSTAIRS.
>> IN A FEW DAYS. >> YOU WILL GET THE ORDER IN
THE MAIL. >> THANK YOU SO MUCH.
[E. 23-2856 CE 2050 S US Highway 1 DXJXM LLC Heather Debevec]
>> THE NEXT CASE IS 23-2056 , 2050 SOUTH U.S. HIGHWAY 1, DXJXM , AND THAT IS GOING TO BE 5 E.
>> YOU ARE THE AGENT FOR THE CORPORATION?
, 2050 SOUTH U.S. HIGHWAY 1 , DXJXM LLC PICKETT WAS INITIATED ON NOVEMBER 21 OF 2023 , 2419 MAINTENANCE AND NOOSES ON PROPERTY PROHIBITED -- SUBSECTION -- 103-341 -- SUBSECTION B REMOVAL OF SCIENCE, IPM 3302.3 , SIDEWALKS AND DRIVEWAYS. THE CITIES REQUESTED OF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS AT THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN 30 DAYS TO REMOVE ALL TRASH AND DEBRIS FROM THE PROPERTY, SECURE THE DOORS TO THE DUMPSTER AREA, PLACE LINKER OPAQUE PIECES OF THE MISSING SIGN AREAS AROUND THE PROPERTY, REPAIR THE CURBING ON THE SOUTH SIDE OF THE BUILDING PARKING AREA. FAILURE TO COMPLY WILL RESULT IN A FINE OF $250 PER DAY TO BE OBSESSED. THE PHOTOS TO SUBMIT THAT THEY HAVEN'T SEEN AS OF YET.
>> ARE YOUR PHOTOS DATE AND TIME STAMPED?
[00:20:26]
DEPICT THE VIOLATIONS THAT YOU WITNESSED AND TESTIFY TO?>> YES, MA'AM. >> THANK YOU. THE CITIES MOVE THESE PHOTOS INTO EVIDENCE AS CITIES COMPOSITE ONE.
>> PHOTOS WILL BE ENTERED AS CITIES COMPOSITE EXHIBIT ONE.
>> NO, OKAY. ALL RIGHT. YOU MAY RESPOND IF YOU LIKE.
>> OKAY THIS MORNING, I WASN'T AWARE OF THIS PROBLEM UNTIL I RECEIVED THIS NOTICE , AND THE PROPERTY IS FOR SALE. OBVIOUSLY I WANT IT TO BE SHOWN IN THE BEST VIEW POSSIBLE. MY BROKER HAS SHOWN THE PROPERTY A FEW TIMES AND DID NOT MENTION ANY OF THESE ISSUES. I HAVE A NEPHEW THAT CHECKS ON THE PROPERTY ONCE A MONTH. THIS MORNING I PICKED UP TWO BAGS OF TRASH. THERE IS NO LONGER ANY TRASH AROUND THERE. THE DUMPSTER AREA IS SECURED AND LOCKED. I DID NOT KNOW ABOUT THE OPAQUE COVERING OF THE SIGNS.
>> OKAY. CAN YOU TAKE CARE OF THAT ? YOU HAVE 30 DAYS TO -- DAYS. IS THAT THE ONLY OTHER ISSUE? DID I MISS SOMETHING?
>> I THINK THAT WAS IT YOUR HONOR.
>> AND IN THE 30 DAYS, IT WILL BE REINSPECTED, CORRECT ? AND IF EVERYTHING IS IN COMPLIANCE --
>> UNDER OUR PROCEDURE HE WOULD CALL FOR REINSPECTION WHEN HE HAS COMPLIED WITH EVERYTHING IN THE ORDER UPON THE FINDING OF
VIOLATION. >> YOUR HONOR, I WOULD APOLOGIZE. IT IS REPAIR THE CURBING ON THE SOUTH SIDE OF
THE BUILDING AREA. I FORGOT. >> OKAY. THEN I WILL FIND THE VIOLATION EXISTS , BUT YOU HAVE 30 DAYS TO BRING IT INTO
COMPLIANCE. >> THAT'S FINE. THANK YOU.
>> AND MAY HAVE YOUR NAME FOR THE RECORD, PLEASE?
>> WHICH YOU PRONOUNCE , FAILURE TO COMPLY WOULD RESULT
IN A $250 TODAY FIND? >> IF YOU ARE NOT IN COMPLIANCE AT THE 30 DAYS, A $250 PER DAY FINE WOULD BEGIN AT THAT TIME.
>> IS IS GOING TO BE, THE THREE THINGS, DO I GET A COPY OF THAT
REQUIREMENT, OR -- >> IT IS ON THE NOTICE YOU GOT
TODAY , RIGHT? >> THERE WOULD BE AN ORDER MAILED TO THE OWNER OF THE PROPERTY.
>> STATING THAT I HAVE THE 30 DAYS, THE DATES, AND WHAT NEEDS TO BE DONE? FANTASTIC. THANK YOU SO MUCH.
>> AND YOU PRONOUNCE 30 DAYS TO APPEAL ?
>> AND 30 DAYS TO APPEAL IF YOU DECIDE TO DO THAT.
>> CAN YOU GIVE HIM A COPY OF THE NOTICE OF VIOLATION IN THE MEANTIME, JUST GIVE IT TO HIM, PLEASE.
>> THANK YOU VERY MUCH. >> THANK YOU.
WOULD YOU LIKE TO PROCEED WITH THE INTERPRETER?
>> PROCEED IN THE ORDER IN WHICH THEY ARE ON THE DOCKET,
SO LETTER -- 5 >>? I'M SORRY, THE ORDER OF
[B. 23-3028 CE 2108 Okeechobee Rd Luis A Valdivia (LF EST) Charmaine Kirkland]
THE DOCKET -- >> PERFECT. OKAY. GOT IT. SO 5 B CASE 23-3028 , 2108 OKEECHOBEE ROAD , VALDIVIA .
[00:25:15]
I AM GOING TO PHONE IN THE INTERPRETER NOW.RECORDED FOR QUALITY ASSURANCE PURPOSES. THANK YOU FOR CALLING LANGUAGE LINK. PLEASE ENTER YOUR ACCOUNT NUMBER FOLLOWED BY THE POUND SIGN. IF YOU WOULD LIKE TO MAKE A THIRD-PARTY CALL, PLEASE PRESS ONE. PRESS TWO TO CONTINUE WITHOUT MAKING A THIRD-PARTY CALL. PRESS 1 FOR SPANISH. PLUS 2 FOR RUSSIAN --
>> YOU NEED SPANISH, RIGHT? >> PLEASE ENTER YOUR I.D.
FOLLOWED BY THE POUND SIGN. YOU ENTERED 2903. IF THIS IS
>> HELLO , THIS IS YOUR SPANISH INTERPRETER NATALIA . IS YOUR CLIENT PRESENT WITH YOU OR DO YOU NEED TO DIAL OUT?
>> THEY ARE PRESENT. >> EXPLAINED THAT I WILL INTERPRET EVERYTHING SAID, EVERYTHING WILL BE KEPT CONFIDENTIAL -- FOR QUALITY PURPOSES.
>> YES, THANK YOU. I'M CALLING YOU LIVE FROM THE COMMISSIONER CHAMBERS IN A PUBLIC HEARING, AND I DO HAVE TO SWEAR YOU AND BEFORE WE START.
>> I HAD, DID YOU WANT ME TO REPEAT MYSELF?
>> YES, PLEASE , THANK YOU. >> YOU DON'T NEED TO INTERPRET THIS, BUT I AM SAYING MY NAME IS CATHERINE. I'M CALLING YOU LIVE IN THE COMMISSIONER CHAMBERS FOR A PUBLIC HEARING THIS AFTERNOON FOR A SPECIAL MAGISTRATE HEARING.
>> THANK YOU VERY MUCH. >> I'M GOING TO SWEAR YOU IN NOW . PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD. NO, THIS IS FOR YOU THE INTERPRETER.
>> THANK YOU. DO YOU SWEAR TO COMPLETELY AND ACCURATELY TRANSLATE THE ENGLISH LANGUAGE TO SPANISH AND THE SPANISH
>> THANK YOU . >> YOU'RE WELCOME. OKAY, NOW WE CAN START THE INTERPRETING. ALL RIGHT. CASE NUMBER IS 23-3028 2108 OKEECHOBEE ROAD, LEWIS A -- LUIS VALDIVIA.
LANGUAGE. ] >> GOOD AFTERNOON, YOUR HONOR.
CASE NUMBER 23-3028 . CASE INITIATED NOVEMBER 28, 2023.
THE OWNER IS LUIS VALDIVIA LIFE ESTATE.
>> SHE NEEDS TO INTERPRET, SO YOU HAVE TO --
>> I NEED TO ASK YOU THIS, IS IS A LEGAL CALL , I MEAN IS IT
LEGAL FIELD? >> PARDON, I'M SORRY. CAN YOU
REPEAT THAT? >> SORRY FOR THIS INTERRUPTION, BUT A NEED TO ASK YOU IS THIS A CALL FROM A LEGAL FIELD?
>> THIS IS A PUBLIC HEARING. >> THIS IS THE CITY ATTORNEY.
THIS IS A QUASIJUDICIAL PROCEEDING BEFORE A SPECIAL
MAGISTRATE. >> OKAY. SORRY FOR INCONVENIENCE , BUT I APOLOGIZE FOR THIS INCONVENIENCE. I WOULD LIKE TO KINDLY REQUEST TO YOU FOR YOUR PERMISSION TO REMOVE MYSELF FROM THIS CALL AND FORWARD TO ANOTHER INTERPRETER THAT CAN PROVIDE THIS SERVICE AT THIS TIME -- DISCUSSING THIS IS BEYOND MY SCOPE OF KNOWLEDGE.
>> OKAY. SO I'M GOING TO TRANSFER THE CALL TO AN AGENT
[00:30:05]
SO THEY CAN PROVIDE YOU WITH ANOTHER INTERPRETER. OKAY?>> OKAY . >> OKAY , AND THANK YOU. --
SIGNING OFF. HERE WE GO. >> PLEASE HOLD FOR INTERPRETER CONNECTION THAT CONNECTION ASSISTANCE. PLEASE HOLD FOR INTERPRETER CONNECTION ASSISTANCE.
INAUDIBLE ] >> HELLO, IS THIS A SPANISH
INTERPRETER? >> TO ANY TO CALL THE CLIENT
ALSO? >> NO, THE PERSON IS HERE .
>> PLEASE HOLD, THANK YOU. >> ♪ ♪ SPANISH INTERPRETING. MY NUMBER IS 16021. IS YOUR CLIENT
PRESENT? >> YOU SAID YOUR NAME AND
>> CAN I GET THE NUMBER ONE MORE TIME FOR YOU?
>> THAT IS CORRECT. >> THANK YOU. MY NAME IS CATHERINE. I'M CALLING YOU LIVE IN THE COMMISSIONER CHAMBERS FOR OUR PUBLIC HEARING THIS AFTERNOON, SPECIAL MAGISTRATE HEARING. I'M GOING TO GO AHEAD AND SWEAR YOU WHEN
AND THEN WE CAN START, OKAY. >> SO I WILL BE INTERPRETING -- PRIVATE AND CONFIDENTIAL --
>> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE
LANGUAGE. ]. >> THIS IS FOR YOU , HEIDEL.
PLEASE RAISE YOUR RIGHT HAND A STATE YOUR NAME FOR THE RECORD,
>> DO YOU SWEAR TO COMPLETELY AND ACCURATELY TRANSIT THE ENGLISH LANGUAGE TO SPANISH AND SPANISH LANGUAGE TO ENGLISH?
>> YES, I SWEAR. >> THANK YOU. OUR CASE TODAY IS CASE 23-3028 2108 OKEECHOBEE ROAD, LUIS VALDIVIA
. >> CAN YOU REPEAT THAT ONE MORE
TIME, PLEASE? >> CERTAINLY. OUR CASE TODAY IS 23-3028 , 2108 OKEECHOBEE ROAD , LUIS VALDIVIA .
>> OKAY I'M GOING TO CLARIFY THE CASE NUMBER WHICH IS CASE
>> OFFICER , YOU MAY PROCEED. >> GOOD AFTERNOON.
>> YOU CAN GO AHEAD AND PROCEED PLEASE.
AND PROCEED , PLEASE. >> PROCEED.
[00:35:01]
LANGUAGE. ] >> MY NAME IS CHARMAINE KIRKLAND, CITY OF FORT PIERCE CODE ENFORCEMENT OFFICER.
>> CASE INITIATED NOVEMBER 28, 2023.
>> OWNER LUIS A. VALDIVIA LIFE ESTATE.
LANGUAGE ] >> SECTION 30-28 SUBSECTION C ,
RESPONSIBILITY FOR CONTAINERS. >> INTERPRETER SPEAKING, I'M
SORRY -- >> 30-28 , SUBSECTION C , RESPONSIBILITY FOR CONTAINERS.
>> YOU KNOW WHAT IT IS, THE CONTAINERS.
>> I'M GOING TO GO AHEAD AND CLARIFY THE VIOLATION IS SECTION 30-28 , SECTION C , AND IT IS A RESPONSIBILITY FOR
CONTAINERS. TRASH CONTAINERS. >>
>> I PMC 702.4 , EMERGENCY ESCAPE OPENINGS , COVERED
WINDOWS. >> I'M SORRY, BUT COULD YOU REPEAT THAT ONE MORE TIME, PLEASE?
LANGUAGE ] >> IPMC 702.4 , EMERGENCY ESCAPE OPENINGS, COVERED WINDOWS.
>> INTERPRETER SPEAKING I HAVE IPMC 702.4 .
>> EMERGENCY ESCAPE OPENINGS .
>> COVERED WINDOWS. >> COVERED WINDOWS.
IN A GLOBAL LANGUAGE ] >> SECTION 24-19 , 24-20 , 24-21 SUBSECTION 4 , NUISANCE AS AN OBJECT, PARKING, OR OTHER
THAN PAVEMENT. >> CAN YOU PLEASE PROVIDE ME THE INFORMATION ONE MORE TIME, PLEASE.
>> IT IS GOING TO BE SECTION 24-19
>> OKAY. >> 24-21 , SUBSECTION 4 . DO
YOU HAVE THAT SO FAR? >> YES, GO ON.
>> NUISANCE AS AN OBJECT, PARKING ON OTHER THAN PAVEMENT.
PARKING ON OTHER THAN PAVEMENT.
>> OKAY. THE NEXT ONE WILL BE SECTION 2419 , 24-20 , 24-21
[00:40:10]
, SUBSECTION 1 AND 5 . YOU HAVE THAT SO FAR?>> YES. >> NUISANCE AS AN OBJECT ,
OUTSIDE STORAGE. >> OKAY. GLOBAL LANGUAGE ]
>> OKAY. ERROR NEXT SECTION IS THE SAME , 24-19 , 24-20 , AND 24-21 , SUBSECTION 11 , NUISANCE AS AN OBJECT , OUTSIDE
STORAGE/ INDOOR FURNITURE . >> LANGUAGE ]
>> YES, I JUST WANT TO MAKE A CLARIFICATION, THAT WAS THE SAME SECTION , 24-19, 24-20, AND 24-21 , SUBSECTION 11.
>> TRANSLATOR SPEAKING, CAN YOU REPEAT THE SECTIONS,
PLEASE? >> IS GOING TO BE SECTION 24-19, 24-20 AM A 24-21 , SUBSECTION 11 .
>> THANK YOU. ARE NEXT ONE IS SECTION 123-37 , SUBSECTION 12
, LANDSCAPE MAINTENANCE. >> LANGUAGE ] THE LETTERS IPMC 302.7 , ACCESSORY STRUCTURES.
>> LETTERS , IPMC 304.6 , EXTERIOR WALLS.
>> AND THE LAST VIOLATION HERE IS THE LETTERS IPMC 304.7 ,
ROOFS AND DRAINAGE . >> LANGUAGE ] ATTORNEY. MS. KIRKLAND , WOULD YOU PLEASE CONFIRM THE VIOLATIONS THAT WERE READ BY THE CLERK. ARE THOSE THE VIOLATIONS THAT YOU CITED THE OWNER FOR?
[00:45:01]
>> YES, MA'AM. >> HE'S GOING TO HAVE TO TRANSLATE SO YOU HAVE TO SAY IT SLOWLY.
>> IS CONFIRMING WITH THE CODE OFFICER THAT THOSE ARE THE VIOLATIONS THAT ARE CURRENTLY PENDING ON THIS PROPERTY. WILL
YOU PLEASE TRANSLATE THAT? >> LANGUAGE ]
>> CAN YOU PROCEED WITH YOUR RECOMMENDATION, PLEASE, MS.
LANGUAGE ] >> THE CITY REQUEST
>> THAT IF THE SPECIAL MAGISTRATE --
>> FINDS THE VIOLATION EXISTS --
>> THAT THE FOLLOWING WILL BE ORDERED.
>> NUMBER ONE, THE VIOLATOR WILL BE GIVEN 5 DAYS TO --
>> MOVE ALL TRASH , RECYCLING CONTAINERS.
>> TO THE SIDE OR REAR OF THE STRUCTURE.
LANGUAGE ] >> REMOVE ALL COVERINGS --
>> I'M SORRY, HOLD ON A SECOND. IT'S BASICALLY UNDER
THE NON-COLLECTION. >> I'M SORRY.
GLOBAL LANGUAGE ] >> THANK YOU.
LANGUAGE ] >> FROM THE WINDOWS THROUGHOUT
LANGUAGE ] >> REFRAIN FROM PARKING --
>> CAN YOU RIP THE THAT PLEASE?
LANGUAGE ] >> ALL VEHICLES ON THE GRASS.
LANGUAGE ] >> THE VIOLATOR WILL BE GIVEN
LANGUAGE ] >> REMOVE ALL LADDERS --
PLEASE. >> AND ANY OTHER ITEMS --
>> IN THE ABOVE-MENTIONED ORDINANCE
LANGUAGE ] >> OUT OF PUBLIC VIEW --
[00:50:09]
LANGUAGE ] >> REMOVE ALL KITCHEN TABLE ,
>> AND ALL OTHER INDOOR FURNITURE .
>> LOCATED THROUGHOUT THE YARD.
>> CUT ALL OVERGROWN GRASS . >> THIS IS THE TRANSLATOR. CAN
YOU REPEAT THAT, PLEASE? >> CUT ALL OVERGROWN GRASS.
>> INDUSTRIES THROUGHOUT THE PROPERTY.
>> I'M SORRY, IT'S NOT GLASS, IT IS GRASS. BASICALLY
HE NEEDS TO CUT THE LAWN. >> I'M SORRY ABOUT THAT.
SPEAKING IN A GLOBAL LANGUAGE ]
>> THE VIOLATOR BE GIVEN 30 DAYS --
>> TO REMOVE OR REPAIR FENCE .
>> THROUGHOUT THE PROPERTY. >>
LANGUAGE ] >> I JUST WANT TO CLARIFY, THE VIOLATOR WILL BE GIVEN 30 DAYS TO REMOVE OR REPAIR THE FENCE.
>> REPAIR ALL EXTERIOR WALLS .
>> WHERE ROTTING HAS OCCURRED.
>> THIS IS THE INTERPRETER. CAN YOU REPEAT THAT ONE MORE TIME,
PLEASE? >> WHERE ROTTING HAS OCCURRED.
LANGUAGE ] >> REPAIR THE ROOF --
>> WHERE DETERIORATION HAS OCCURRED .
>> A PERMIT MAY BE REQUIRED --
>> PLEASE CONTACT -- >> I'M SORRY, SO BASICALLY A PERMIT MIGHT BE REQUIRED IF HE IS GOING TO FIX THE ROOF. CAN YOU EXPLAIN THAT TO HIM, PLEASE? I'M SORRY, GO AHEAD.
LANGUAGE ] >> FAILURE TO COMPLY --
>> I'M SORRY, THE RETURN PRINTER, CAN YOU REPEAT THAT
WILMER TIME, PLEASE? >> FAILURE TO COMPLY --
>> WILL RESULT IN A FINE -- >>
LANGUAGE ] >> OF $100 PER DAY.
>> BEING ASSESSED. >> INTERPRETER SPEAKING, CAN
YOU REPEAT THAT , PLEASE? >> BEING ASSESSED.
>> YOU HAVE PHOTOGRAPHS YOU WOULD LIKE TO PLACE INTO
LANGUAGE ] >> YES, I DO HAVE PHOTOS TO DEPICT TIME AND DATE OF VIOLATION.
[00:55:01]
>> ARE THE PHOTOS DATE AND TIME STAMPED, AND DO THEY ACCURATELY DEPICT THE VIOLATIONS YOU HAVE TESTIFIED
>> YES THEY DO. >> WILL YOU PLEASE SHOW THE
PHOTOGRAPHS TO THE RESPONDENT? >> LANGUAGE ] ON FEBRUARY 21 , 2024, AND DECEMBER 29 , 2023. IS THAT
CORRECT? >> THIS IS THE INTERPRETER. CAN
YOU REPEAT THAT, PLEASE? >> WERE THE PHOTOGRAPHS TAKEN ON FEBRUARY 21, 2024, AND DECEMBER 29, 2023?
LANGUAGE ] >> THE CITY WOULD LIKE TO MOVE THESE PHOTOGRAPHS INTO EVIDENCE AS COMPOSITE EXHIBIT ONE.
>> THE PHOTOS WILL BE ENTERED AS CITIES COMPOSITE NUMBER
LANGUAGE ] >> ANYTHING ELSE , MS.
>> THANK YOU. >> WHEN YOU ARE READY. OKAY , WHEN THE SPECIAL MAGISTRATE IS READY , WE WILL HEAR FROM THE RESPONDENT IF HE WOULD LIKE TO TESTIFY ABOUT THE VIOLATIONS.
LANGUAGE ] >> WOULD YOU LIKE TO TESTIFY?
LANGUAGE ] >> LANGUAGE ] LANGUAGE ]
[01:00:03]
ENOUGH MONEY TO DO ALL THAT I NEED TO DO
>> I WILL TRY BE BETTER TO START TO DO SOME OF THE THINGS I NEED TO DO
>> WE HAVE SOME QUESTIONS. I HAVE SOME QUESTIONS. THE HURRICANE THAT YOU SPEAK OF, IS THAT 2005?
LANGUAGE ] >> LANGUAGE ] HURRICANES IN THE HOUSE WAS QUITE OLD . WAS TRYING TO TAKE CARE OF EVERYTHING, BUT I CAN'T DO MORE BECAUSE I AM ONE PERSON , SO MY AGE .
>> MR. VALDIVIA , IS THE HOUSE CURRENTLY LISTED FOR SALE?
[01:05:11]
I HAVEN'T HAD ANY LUCK. >> WHAT , DO YOU HAVE A LISTING AGREEMENT IN YOUR HAND THAT YOU WANT TO SHOW THE COURT?
>> ME A SHOW THAT TO THE SPECIAL MAGISTRATE? WOULD YOU LIKE TO SEE THE AGREEMENT HE HAS PRESENTED?
>> COPY OF THE AGREEMENT THAT WE CAN KEEP, OR DO YOU NEED IT
LANGUAGE ] >> I NEED TO KEEP IT.
>> HE IS ASKING ME IF I WANT TO MAKE A COPY.
>> I THINK WE SHOULD PUT A COPY INTO THE RECORD.
>> PLEASE, THANK YOU. I HAVE NOTHING FURTHER.
>> CAN WE ASK HIM IF THAT AGREEMENT , IS IT STILL FOR SALE? IS THAT YOUR AGREEMENT STILL?
>> SO IT IS LISTED THROUGH APRIL ?
>> SPECIAL MAGISTRATE, I AM NOT SURE. NEED TO WAIT FOR THE AGREEMENT TO COME BACK. I THOUGHT IT WAS 2023 IF I'M NOT
MISTAKEN. >> SPECIAL MAGISTRATE , YOU CAN INTERPRET THE AGREEMENT YOURSELF , BUT THE LISTING DATE WAS FROM APRIL OF 2023 TO OCTOBER OF 2023 ON THE FIRST PAGE OF THE AGREEMENT THAT I SAW, BUT WE WILL WAIT FOR THE EXHIBIT TO COME BACK.
ASK THE CITY , THE CITY ASK FOR A FINDING OF A VIOLATION IN ACCORDANCE WITH THE RECOMMENDATION OF OUR CODE
OFFICER . >> WHICH IS $100 PER DAY?
[01:10:07]
>> YES. >> FOR ALL OF THE VIOLATIONS?
>> THE RECOMMENDATION , THE RECOMMENDATION WAS 5 DAYS FOR CERTAIN VIOLATIONS, 10 DAYS FOR SOME , AND 30 DAYS FOR SOME.
FAILURE TO COMPLY RESULTS IN A FINE OF $100 PER DAY TO BE ASSESSED. WE ARE AXING FOR A FINDING OF A VIOLATION AND ASSESSED AND IF THE VIOLATIONS ARE NOT CURED, AND WE CAN WAIT FOR THAT EXHIBIT TO COME BACK TO RULE IF YOU WOULD LIKE.'S
>> WHEN WE ASK THE RESPONDENT IF HE UNDERSTOOD , IF HE UNDERSTANDS WHAT THE VIOLATIONS ARE . CAN HE COMPLY WITH ANY OF
LANGUAGE ] >> YES. I WOULD LIKE TO GET
SOME PERMITS. >> LANGUAGE ] DON'T KNOW IF I'M GOING TO BE ABLE TO GET A PERMIT FOR THE HOUSE BECAUSE EVERYTHING AROUND IS COMMERCIAL.
>> HOUSEKEEPING, I WOULD LIKE TO PLACE THE LISTING AGREEMENT INTO EVIDENCE AS THE RESPONDENT'S EXHIBIT ONE.
>> THE LISTING AGREEMENT IS ENTERED AS RESPONDENT'S
EXHIBIT ONE. OKAY . >> CAN YOU TRANSLATE THAT?
>> I'M SORRY, CAN YOU REPEAT THAT INFORMATION, PLEASE?
>> THE LISTING EXHIBIT IS PLACED INTO EVIDENCE AS
RESPONDENT'S EXHIBIT ONE. >> I'M SORRY, INTERPRETER SPEAKING, IF YOU CAN REPEAT THAT INFORMATION PLEASE.
>> THE LISTING AGREEMENT IS PLACED INTO EVIDENCE AS
RESPONDENT'S EXHIBIT ONE. >> OKAY .
GLOBAL LANGUAGE ] >> SPECIAL MAGISTRATE , CAN YOU REPEAT TAKING IN THE EVIDENCE, PLEASE?
>> THE EXHIBIT OF THE LISTING IS ENTERED INTO EVIDENCE FOR THE RESPONDENT AS HIS EXHIBIT NUMBER ONE.
>> CAN YOU TRANSLATE THAT AS WELL, PLEASE.
>> I'M SORRY, MA'AM. I WAS NOT ABLE TO HEAR. CAN YOU REPEAT THAT ONE MORE TIME, PLEASE?
>> THE EXHIBIT THAT WAS JUST PRESENTED IS ENTERED INTO EVIDENCE AS RESPONDENT'S NUMBER ONE.
>> THANK YOU . >> DOES ANYONE HAVE ANYTHING
LANGUAGE ] >> NO, MA'AM. I WOULD LIKE A MOMENT TO CONSULT WITH MY CLIENT, PLEASE .
[01:15:36]
FINDING OF A VIOLATION , EACH OF THE VIOLATIONS, AND THAT THE VIOLATOR BE GIVEN 5 DAYS TO REPAIR THE ITEMS IN NUMBER ONE , 10 DAYS TO REPAIR THOSE ITEMS IN NUMBER TWO , 30 DAYS TO REPAIR THOSE ITEMS IN NUMBER THREE , AND FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 PER DAY.>> CAN YOU TRANSLATE , DID YOU --
>> CAN YOU PLEASE REPEAT THAT INFORMATION ONE MORE TIME?
>> THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE
VIOLATIONS EXIST . >> INTERPRETER?
>> THE CITY REQUESTS THE VIOLATOR BE GIVEN 5 DAYS TO REQUEST THE VIOLATIONS LISTED IN ITEM 1.
LANGUAGE ] >> THE CITY REQUESTS THE VIOLATOR BE GIVEN 10 DAYS TO CORRECT THE VIOLATIONS LISTED
IN ITEM 2. >> LANGUAGE ] THE VIOLATOR BE GIVEN 30 DAYS TO CORRECT THE VIOLATIONS
LISTED IN ITEM THREE. >> LANGUAGE ] FAILURE TO COMPLY WITHIN THE TIME LIMIT WILL RESULT IN A
FINE OF $100 PER DAY. >> LANGUAGE ]
>> BEFORE I'M GOING TO, I FIND THAT THE VIOLATIONS HAVE OCCURRED , AND THAT THE VIOLATOR BE GIVEN 5 DAYS TO CORRECT THE VIOLATIONS IN NUMBER ONE. AND I WOULD LIKE THE INTERPRETER TO EXPLAIN TO THE RESPONDENT THAT ONLY NUMBER THREE VIOLATIONS REQUIRE A PERMIT . UNDER NUMBER ONE , THERE ARE THINGS LIKE REMOVING THE TRASH AND COVERINGS FROM WINDOWS. HE CAN DO THAT WITHOUT A PERMIT, CORRECT?
LANGUAGE ] >> AND I FIND THAT NUMBER TWO ,
[01:20:16]
HE BE GIVEN 10 DAYS TO COME INTO COMPLIANCE REMOVING THE ITEMS LISTED IN NUMBER TWO, WHICH ALSO DO NOT REQUIRE APERMIT. >> LANGUAGE ] GIVEN 30 DAYS TO COMPLY WITH THE ITEMS IN NUMBER THREE,
WHICH DO REQUIRE A PERMIT. >> LANGUAGE ] RESULT IN A FINE OF $100 PER DAY BEING ASSESSED.
>> AND THE RESPONDENT HAS 30 DAYS TO APPEAL THIS DECISION.
LANGUAGE ]. >> THANK YOU INTERPRETER. I APPRECIATE EVERYTHING FOR TODAY.
>> YOU'RE WELCOME. THANK YOU FOR CALLING SOUNDING OFF . HAVE A GOOD DAY.
>> GOODBYE. ALL RIGHT. OUR NEXT CASE WILL BE TO 3-1531 ,
[A. 23-1531 STR 2400 S Ocean Dr V712 Robert L Miles (TR) Peggy Arraiz]
2300 SOUTH OCEAN DRIVE , ROBERT MILES , TRUST . AND THAT3-1531, SHORT-TERM RENTAL, FOUR 2400 SOUTH OCEAN DRIVE, V712 IS THE UNIT, OWNED BY ROBERT MILES TRUST. THE CASE WAS INITIATED ON JUNE 16 OF 2023. THE VIOLATIONS WERE SECTIONS 22 E- 19 SUBSECTION A IMPOSED -- SECTION 22-506 -- REGISTRATION STANDARDS REQUIREMENTS. ON OCTOBER 11 OF 2023, SPECIAL MAGISTRATE ROSS FOUND THE OWNER IN VIOLATION AND ORDERED 30 DAYS TO PAY A FINE OF $4500 AND 48 HOURS TO REMOVE ALL ADVERTISEMENTS FOR SHORT-TERM VACATION RENTALS UNTIL THE SHORT-TERM VACATION RENTAL REGISTRATION AND BUSINESS TAX RECEIPT ARE OBTAINED OR A DAILY FINE OF $250 WITH AND ALL UTILITIES WOULD BE SUSPENDED. ON OCTOBER 20TH OF 2023 , FINDS STARTED DUE TO NONCOMPLIANCE. NOVEMBER 3020 23 MY REGISTRATION AND BUSINESS TAX RECEIPT ISSUE. NOVEMBER 6 AND AFFIDAVIT OF COMPLIANCE WAS ISSUED. DECEMBER 18TH, -- HEARING WAS RECEIVED. $3530. STAFF IS ASKING THE MAGISTRATE UPHOLD THE FINE OF $4000 500 , DATED OCTOBER 11 OF 2023, UPHOLD THE ACCUMULATED PENALTY OF $3530.
>> DO YOU HAVE ANY EXHIBITS YOU WOULD LIKE TO PLACE INTO
EVIDENCE? >> I BELIEVE CAT HAS THE ADMINISTRATIVE COST ESTIMATOR AND THE HEARING EARMARKED.
>> THOSE EXHIBITS ARE AVAILABLE RIGHT HERE ON AGENDA A QUICK RIGHT WHERE THE AGENDA IS AS WELL.
>> WANT TO PLACE THEM INTO EVIDENCE, OR --
>> YES. >> WE HAVE ALSO SENT EMAILS
ATTACHED AS WELL. >> WE WOULD LIKE TO PLACE THESE ITEMS INTO EVIDENCE AS CITIES EXHIBIT NUMBER ONE , COMPOSITE
[01:25:04]
EXHIBIT ONE.CITIES COMPOSITE EXHIBIT ONE. AND THE ITEMS ARE LISTED , ADMINISTRATIVE COSTS , THEY ARE ALL LISTED TO THEIR RATHER
THAN TAKE MORE TIME. OKAY. >> THIS IS A MASSEY HEARING.
WOULD YOU LIKE TO TESTIFY ABOUT ANY OF THE ITEMS ARE THE
THREE MESSY CRITERIA? >> I DON'T HAVE IT IN FRONT OF ME. I'M GOING BACK. I'M GOING BACK TO IT. I'M DOING THE
CRITERIA FIRST. >> WHATEVER ORDER YOU WOULD
LIKE TO GO IN. >> THE GRAVITY AND SERIOUSNESS OF THE VIOLATION WAS MODERATE. ANY AND ALL ACTIONS TAKEN BY THEM VIOLATOR TO CORRECT THE VIOLATIONS -- PREVIOUS VIOLATIONS WERE 0.
THAT DOWN. >> THAT'S OKAY . DO WE WANT TO DO THE ADMINISTRATIVE COST , OR JUST GO TO THE TOTAL QUICK
>> WE HAVE PLACED THEM INTO EVIDENCE , THE ADMINISTRATIVE COST OF $1065.23 AND THE BREAKDOWN IS PROVIDED.
>> OKAY. >> WHAT IS YOUR NEXT EXHIBIT?
>> DOES THE CITY HAVE ANYTHING ELSE AT THIS POINT BEFORE THE
RESPONDENT? >> WE HAVE THE REQUEST.
>> OKAY . REQUEST A REVIEW OF THE FINDS, THE DAILY FINES WITHIN, WITHIN 10 DAYS OR 20 DAYS AS REQUIRED.
>> THE CHANGE OF EMAILS. AND BASICALLY THE DOCUMENTS
PROVIDED IN THOSE EMAILS. >> THE LAST ITEM IN YOUR PACKET WHERE THE DOCUMENTS THAT WE, THAT THE CITY RECEIVED FROM THE RESPONDENT , THE DAUGHTER, I BELIEVE, AND SUPPORT OF HER
REQUEST FOR THIS HEARING. >> TO HAVE ANYTHING FURTHER?
>> NOT AT THIS TIME. >> MAY HAVE YOUR NAME FOR THE
RECORD, PLEASE? >> I AM ROBERT MILES . THIS IS MY DAUGHTER PAMELA SULLIVAN. AND IF YOU MAY , I ASKED HER TO SPEAK ON MY BEHALF SINCE SHE ACTUALLY CONDUCTS THE RENTAL
SITUATION AT 2400. >> OKAY. THAT'S FINE.
>> MY DAD IS 93 YEARS OLD. HE IS VERY CAPABLE. HE JUST HAS MACULAR DEGENERATION , SO HE IS NOT ABLE TO READ. WHEN HE GETS MALE, MY SISTER WAS HERE AND HAD TO LEAVE. SHE IS THE ONE WHO OPENS HIS MAIL. SHE LIVES HERE IN STEWART AS WELL AND THEN PASSES IT ON TO ME. I'VE ALWAYS TAKEN UP THE RENTAL SITUATION. WE'VE DIVIDED UP DAD'S THINGS.
>> SHE GETS HALF AND MY OTHER DAUGHTER GETS THE OTHER HALF.
>> I HAVE, MY ATTORNEY JUST PUT INTO , HE SAYS YOU ONLY HAVE A FEW MINUTES TO TALK SO I WASN'T SURE HOW LONG I'D HAVE, DAD DID GET THE NOTICE OF VIOLATION ON THE 16TH OF JUNE , AND SO ON THE 23RD , I RESUBMITTED ALL OF THE DOCUMENTS, WHICH I HAVE ALL THE EMAILS AND EVERYTHING HERE. WAS RESUBMITTED TO THE CITY , OR INTO, WE SENT IT TO HEATHER IS ONE OF THE PERSONS I SENT IT TO, AND THERE IS ANOTHER ADDRESS HERE OF CITY CLERK , AND SO I SENT IT IN. THAT WAS SENT ON , AND I'VE GOT THIS HERE. THIS WAS ALL SENT ON THE 29TH OF JUNE , SO I'VE GOT ALL THESE, AND THESE ARE ALL THE EMAILS THAT WENT WITH IT. THEN --
>> IF I MAY . >> PLEASE SIT DOWN, DAD. AND THEN ON OCTOBER 11TH, I GOT, WE GOT THE NOTICE OF NONCOMPLIANCE WITH THE $4500, WHICH AGAIN I CALLED FIRST AND THEN SAID WHAT HAPPENED. FIRST OF ALL , THIS WAS DONE BACK IN 2020. DAD HAS ALWAYS PAID THE TAXES THAT ARE OWED TO PORT ST.
LUCIE . I SAID WHAT HAPPENED , AND HERE IS A NOTE HERE AT THAT
[01:30:05]
TIME. SHE SAID I SEE IT WAS SENT , BUT IT WAS NOT ACKNOWLEDGED OR UPLOADED INTO THE SYSTEM, AND I DO HAVE THE EMAIL AT THAT TIME AND SHE SAID , AND I SAID WILL THE 4500 THEN BE TAKEN CARE OF, AND SHE SAID AS LONG -- HOW DID SHE BIRD IT, HANG ON A SECOND. SORRY. WHAT DID I DO WITH THAT ONE? IT WAS STATED , NO CODE ENFORCEMENT DEPARTMENT LET YOU KNOW THAT YOU SUBMITTED THE APPLICATIONS IT WOULD BE TAKEN CARE OF, WHICH I ASSUMED THAT MEANS IT IS TAKEN CARE OF, THE $4500 IS GONE, SO AGAIN THEN IN -->> I'M SORRY . THAT'S A LOT OF PIECES OF PAPER UP THERE.
CAN YOU TELL ME THE DATE AND WHO THE PERSON IS WHO WROTE
THAT EMAIL TO YOU? >> NOVEMBER 1ST. THIS CAME FROM THE CITY CLERK OF FORT PIERCE. SAYS BRITNEY MEREDITH IS THE
PERSON ON THIS EMAIL. >> NOVEMBER 1ST, 2023?
>> NOVEMBER 1ST, YES. >> WOULD YOU LIKE TO SUBMIT
THAT INTO EVIDENCE? >> YOU CAN HAVE ALL OF THIS COMING YES, I MEAN, IT IS ALL HERE. THEN WHEN HE GOT THE NOTICE IN DECEMBER, OR EXCUSE ME, IT WAS, SAYING HE WAS STILL IN VIOLATION, I CALLED AND I WAS TOLD HE THEN OWED $11,000. I SAID WHAT, WHAT IS HAPPENING , AND ANYWAY, AND ON NOVEMBER 1ST, SHE DID HAVE ME CHANGE SOME OF THE DOCUMENTS WHEN I RESUBMITTED THEM ON NOVEMBER 1ST. SHE SAID SOME OF OUR DOCUMENTS HAVE CHANGED PLEASE UP DATE THEM WHICH I DID. IT'S ALWAYS BEEN THERE. IT HAS BEEN THERE SINCE 2020 WHEN HE BOUGHT THE PLACE. WE HAVE ALWAYS PAID THE TAXES. I DON'T KNOW WHY, WE ALL OWN PROPERTY IN OCEAN VILLAGE. I HAVE EIGHT MEMBERS OF MY FAMILY THAT OWNED. I DON'T KNOW WHY DAD'S IS THE ONLY ONE THAT HAS BEEN PICKED ON. I DON'T UNDERSTAND, BUT THAT IS THE CASE.
>> THERE IS THAT WHEN THERE , AND HERE IS THIS STUFF. YOU MAY
HAVE , IT IS ALL THERE. >> IS IT YOUR TESTIMONY THAT YOU REGISTERED YOUR PROPERTY, YOU ARE REGISTERED YOUR FATHER'S PROPERTY AS A SHORT-TERM RENTAL AND PAID THE BUSINESS TAXES IN JUNE OF 2023?
>> YES. >> AND DO YOU HAVE A RECEIPT
FOR THAT PAYMENT? >> IT IS IN THERE.
>> RECEIPT FOR A PAYMENT IN JUNE OF 2023 THAT IT WAS
REGISTERED? >> PAID UP TO THIS MONTH, AND THEY ARE ALL IN HERE.
HERE'S JUNE, JANUARY, JUNE 2023.
>> JUST HAND ME THAT ONE-PIECE YOU ARE POINTING TO. I WOULD LIKE TO SEE A RECEIPT SHOWING PAYMENT. OF THE BUSINESS TAX FOR RUNNING AND OPERATING A SHORT-TERM RENTAL AT THE
PROPERTY. >> IS THAT WHEN YOU ARE TALKING
ABOUT? >> THIS DOES NOT APPEAR TO BE AN OFFICIAL DOCUMENT. DO YOU HAVE AN OFFICIAL DOCUMENT?
>> I WOULD HAVE TO GO BACK TO MY PEWTER TO GET THAT OFFICIAL AND I CAN ALWAYS GET THAT YOU EVENTUALLY, BUT I JUST PRINTED OFF THAT THEY WERE ALL PAID ALL THE WAY THROUGH EVERY MONTH.
>> OKAY. >> HE IS ALSO REGISTERED WITH
>> I AM HAPPY TO PLACE THOSE INTO EVIDENCE FOR YOU IF YOU'D LIKE. WELL, LET ME TAKE A LOOK.
>> I JUST PRINTED EVERYTHING OUT . HE'S ALSO REGISTERED
WITH THE STATE OF FLORIDA. >> I DON'T KNOW WHAT RELEVANCE
THAT IS. >> IT WAS ONE OF THOSE THINGS THEY HAD TO DO, PART OF BEING A SHORT-TERM RENTAL, YOU HAD TO REGISTER WITH THE DEPARTMENT OF STATE.
>> YOU CAN GO BACK TO THE PODIUM. I'M JUST GOING TO LOOK AT THESE FOR A MOMENT. AND THERE WAS A HEARING ON THIS IN OCTOBER OF 2023. DID YOU ATTEND THAT HEARING? DID ANYONE ATTEND
[01:35:02]
THAT HEARING ON YOUR BEHALF? DID YOU RECEIVE THE ORDER THATCAME OUT OF THAT HEARING? >> I BELIEVE SO . ALL THE ORDERS ARE IN THEIR. THAT IS WHEN THEY SAID THAT HE OWED THE $4500 , I BELIEVE. I DIDN'T, WE DIDN'T KNOW OF THE ORDER, BECAUSE LIKE I SAID, HONESTLY I THOUGHT WE WERE IN COMPLIANCE, SO I WAS VERY SURPRISED , WHEN I SENT EVERYTHING IN JUNE, AND WAS VERY SURPRISED TO HEAR THINGS HAD GONE INTO OCTOBER.
I THOUGHT WE HAD TAKEN CARE OF EVERYTHING. I WAS VERY
SURPRISED. >> IN OCTOBER IS WHEN YOU WERE
FOUND IN VIOLATION. >> THE FIRST ONE CAME IN JUNE.
HEARING, THE OUTCOME OF THE HEARING WITH A SPECIAL MAGISTRATE TO FIND THERE WAS A VIOLATION.
>> HE HAS MACULAR DEGENERATION SO I DIDN'T KNOW THAT, SO NO, WE DID NOT GO, BUT I DID NOT KNOW. I , I ASSUMED WE, WE WERE IN COMPLIANCE SINCE I SENT EVERYTHING IN. THE EMAIL IS THERE THAT SHED THAT SHE DID SAY THAT IT HAD BEEN SENT. SHE SAW IT HAD BEEN SENT BUT IT HAD NOT BEEN UPLOADED INTO THE SYSTEM.
EXHIBITS I'M GOING TO ASK YOU TO HOLD YOUR EXHIBIT UP, TESTIFIED TO ITS AUTHENTICITY AND WHAT YOU BELIEVE THAT IT ESTABLISHES AND THEN HAND IT TO HEATHER AND WE CAN PLACE IT INTO EVIDENCE, OKAY? BECAUSE THIS IS A BIG PILE OF STUFF, AND IT IS QUITE OVERWHELMING.
>> SPECIAL MAGISTRATE, WE WILL PLACE THEM INTO EVIDENCE , ONE, TWO, THREE, FOUR, RESPONDENTS.
>> INDIVIDUAL? >> BECAUSE SHE'S GOING TO TELL
US WHAT EACH ARE. >> JUST KEEP IT CLEAN.
>> I MIGHT ADD , IF THERE IS, WAS A FINE APPLIED PRIOR TO THINGS BEING STRAIGHTENED AROUND, I'D BE VERY HAPPY TO PAY THAT . I REALIZE IT'S POSSIBLE THAT I WAS FIND BEFORE IT WAS STRAIGHTENED AROUND , AND THAT FINE SHOULD HAVE BEEN PAID OR WOULD HAVE BEEN PAID. IF THAT IS THE CASE, I WILL PAY
THAT FINE. >> THE PRIOR ORDER , SIR, ASSESSED A FINE OF $4500 FOR THE SHORT-TERM RENTAL , THAT WAS ONE MONTHS RENT , AND IN ADDITION IF IT WAS NOT REGISTERED WITHIN X NUMBER OF DAYS , THERE WOULD BE A PER DIEM FINE , SO THE CITY IS AT THIS TIME ASKING TO UPHOLD THE $4500 FINE , AND ALSO UPHOLD AN ACCUMULATED PENALTY OF $3530 , WHICH IS THE PER DIEM FINE FOR NOT GETTING IT REGISTERED WITHIN THE TIME ALLOWED IN THE ORDER.
>> THIS IS THE DOCUMENTS THAT WERE SENT ON JUNE 29TH WHEN HE HAD GOTTEN THE FIRST NOTICE OF VIOLATION , AND ALL OF THE DOCUMENTS AND EMAILS THAT WENT WITH IT ASKING IF THERE WAS
[01:40:06]
ANYTHING ELSE, THERE WAS A LIST OF THINGS THAT WERE SENT ANDEVERYTHING. >> SO RESPONDENTS ONE IS JUNE 29TH, 2023, AN EMAIL FROM YOU TO SOMEONE OR AN EMAIL FROM
SOMEONE TO YOU? OKAY. >> RESPONDENTS EXHIBIT ONE. WE'D LIKE TO TAKE A LOOK AT THAT
AFTER YOU ARE FINISHED. >> THIS IS THE ORIGINAL THAT I SENT IN ON AUGUST OF 2021. DO YOU NEED THE ORIGINAL ONE THAT I ACTUALLY REGISTERED IN THE BEGINNING? 21?
>> DO THE REGISTRATIONS EXPIRE EVERY YEAR? DO YOU NEED TO DO A
NEW ONE EVERY YEAR? >> THAT I DON'T KNOW.
>> I WOULD ASK THE CODE ENFORCEMENT OFFICER, DOES THE UNIT NEED TO BE REREGISTERED?
>> THE REGISTRATION ON THE BUSINESS TAX RECEIPT RENEW EACH YEAR, SO THERE IS A PAYMENT THAT NEEDS TO BE RENEWED EACH
YEAR TO KEEP IT ACTIVE. >> A 2021 RECEIPT WOULD NOT BE RELEVANT TO THESE PROCEEDINGS?
>> NO, MA'AM. >> I WILL ASK YOU TO PLEASE STAND IN FRONT OF THE PODIUM WHERE THE MICROPHONE IS. SORRY.
THE CHAIR IF YOU'D LIKE. >> THESE ARE ALL THE BUSINESS TAXES AND THINGS THAT I SENT IN FOR THE TAXES.
THIS IS WHEN I RESENT EVERYTHING IN, I'M SORRY.
THESE ARE ALL THE THINGS THAT I RESENT IN AGAIN ON NOVEMBER 1ST WHEN SHE TOLD ME THAT I NEEDED TO PUT THEM ON AN UPDATED FORM, SO WE RESENT EVERYTHING IN ON NOVEMBER, EXCUSE ME, NOVEMBER 1ST OF 2023. THIS IS THE WHOLE PACKET OF INFORMATION THAT WAS SENT IN THEN ON NOVEMBER 1ST BECAUSE I WAS TOLD THAT THEY HAD UPDATED THE, THE DOCUMENTS AND I HAD TO REDO THEM.
>> PLAYSET INTO EVIDENCE. >> I'M SORRY.
>> THIS DOCUMENT, JUNE 29, 2023 WILL BE ENTERED AS RESPONDENTS NUMBER ONE. OKAY. AND THEN THIS --
>> THE SECOND GROUP DATED, THE TOP, THE TOP EMAIL IS DATED NOVEMBER 2ND 2023 IS BEING OFFERED AS RESPONDENTS EXHIBIT TWO.
IS A , IS A TOURIST RETURNS IT SAYS. IS IS GENERATED BY YOU?
>> THOSE ARE THE TAXES PAID EVERY MONTH.
>> IS THIS DOCUMENT GENERATED BY YOU OR BY THE CITY?
>> THIS DOCUMENT, SEVERAL DOCUMENTS , DATED NOVEMBER 2ND, 2023 , WILL BE ENTERED AS RESPONDENTS COMPOSITE NUMBER
TWO. >> I'M SORRY, I'M NOT FINDING THE EMAIL THAT I HAD STATING WHEN I HAD SAID TO THEM WHAT HAPPENED TO THE DOCUMENTS THAT I SENT IN JUNE AND SHE SAID OH I SEE THAT THEY ARE HERE BUT THEY WERE NOT UPLOADED.
>> I SAW THAT A NUMBER ONE. >> THE LAST ONE I HAVE HERE WAS WHEN I WAS QUESTIONING . I SAID OKAY, I ORIGINALLY SENT IT IN JUNE. I WANT TO ACKNOWLEDGE BECAUSE MY DAD IS GETTING A $4500 FINE PLEASE TELL ME WHAT TO DO, AND SHE SAID THE CODE ENFORCEMENT DEPARTMENT WILL LET YOU KNOW, THE CODE ENFORCEMENT WILL LET YOU KNOW THAT YOU HAVE SUBMITTED THE APPLICATION SO IT WILL BE TAKEN CARE OF. THAT'S RIGHT. AGAIN I JUST ASSUMED
[01:45:01]
EVERYTHING WAS DONE AND TAKEN CARE OF.>> WHAT IS THE DATE ON THAT THIRD EXHIBIT?
>> NOVEMBER 1ST. >> RESPONDENTS EXHIBIT THREE
WITHOUT OBJECTION. >> OKAY . THEN NOVEMBER 2ND WILL BE ENTERED AS -- YES. AND THIS LETTER DATED NOVEMBER 1ST WILL BE ENTERED AS A SINGLE PAGE AS RESPONDENTS NUMBER
THREE. >> HE SAID THAT , BECAUSE I AM FEELING SO GUILTY AND HE JUST DOESN'T WANT ME TO FEEL SO
>> THAT'S ALL I'VE GOT. THANK YOU.
>> THE CITY WOULD LIKE TO PLACE INTO EVIDENCE THE ABSENCE OF RECORD CERTIFICATION EXECUTED BY LINDA COX ON OCTOBER 24, I'M SORRY, ON OCTOBER 4 , 2023 . AND I AM QUOTING PARAGRAPH FOUR, A DILIGENT SEARCH WAS PERFORMED FOR ANY RECORD OF CURRENT SHORT-TERM RENTAL VACATION RENTAL REGISTRATION AND/OR BUSINESS TAX RECEIPT FOR UNIT V712 LOCATED AT 2400 SOUTH OCEAN DRIVE , UNIT V712. SUBJECT PROPERTY BUSINESS AND NO CURRENT SHORT-TERM RENTAL , VACATION RENTAL REGISTRATION AND/OR BUSINESS TAX RECEIPT WAS LOCATED. UPON SEARCHING, QUOTING FROM ITEM 5, UPON SEARCHING THE RECORDS MAINTAINED BY THE CITY CLERK'S OFFICE, IT WAS DISCOVERED UNIT V712 LOCATED AT 2400 SOUTH OCEAN DRIVE, UNIT V712 , PREVIOUSLY POSSESSED BUSINESS TAX RECEIPT IN THE CITY OF FORT PIERCE WHICH EXPIRED ON SEPTEMBER 30TH , 2022 , AND WAS NEVER RENEWED , EVEN AFTER NOTIFICATION OF EXPIRATION OF THE BUSINESS TAX RECEIPT THROUGH THE MAIL. WITH THE RESPONDENT LIKE TO LOOK AT THIS DOCUMENT? THIS WAS PREVIOUSLY PLACED INTO EVIDENCE BEFORE THE OTHER MAGISTRATE.
THE SPECIAL MAGISTRATE IN OCTOBER.
>> DO YOU OBJECT TO THE AUTHENTICITY OF THAT DOCUMENT?
>> DO I? I'VE NEVER SEEN IT, BUT LIKE I SAID , WAS IT SENT
TO HIM BY THE MAIL? >> IT WAS PRESENTED INTO EVIDENCE AT THE LAST HEARING IN OCTOBER.
>> WE WERE NOT THERE. >> IT IS AN AFFIDAVIT.
>> PLAYSET INTO EVIDENCE AS CITIES EXHIBIT TWO.
>> THIS IS CITIES EXHIBIT TWO.
>> OKAY. ABSENCE OF RECORD CERTIFICATION WILL BE ENTERED AS CITIES EXHIBIT TWO, ONE PAGE.
>> ARE YOU FINISHED TESTIFYING ?
>> SIM. >> I WOULD LIKE TO PLACE INTO EVIDENCE AS CITIES EXHIBIT THREE, EVEN THOUGH THIS IS PUBLIC RECORD AND A RECORD OF THIS COURT WHICH YOU CAN TAKE JUDICIAL NOTICE OF, THE FINDING OF THE SPECIAL MAGISTRATE FRAN ROSS ON OCTOBER 11, 2023 , AND HER ORDER DETERMINING VIOLATION
. >> THE ORDER DETERMINING VIOLATION WILL BE ENTERED AS CITIES EXHIBIT THREE.
[01:50:01]
WAS ENTERED OCTOBER 11, 2023. THE VIOLATOR HAD 30 DAYS TO APPEAL. NO APPEAL WAS TAKEN. THE VIOLATOR THEN COMPLETED THE REGISTRATION PROCESS FOR THE UNIT . THE FINES BEGAN TO ACCRUE ON A TOBER THE 20TH , AND STOPPED ACCRUING ON NOVEMBER THE THIRD. THE $4500 ORDERED BY JUDGE FRAN ROSS WAS NOT APPEALED , AND THE CITY IS ASKING FOR THAT . THE CITY IS ALSO ASKING THE SPECIAL MAGISTRATE TO UPHOLD THE ACCUMULATED PENALTY OF $3530, WHICH IS $250 PER DAY AS PER SPECIAL MAGISTRATE ROSSES ORDER FOR THE DAYS BETWEEN WHEN THE FINES STARTED ACCRUING ON OCTOBER 20, AND NOVEMBER 3RD WHEN THE OWNER COMPLETED THE REGISTRATION PROCESS.>> SO THEY ARE NOW IN COMPLIANCE, IS THAT CORRECT?
>> THEY ARE NOW IN COMPLIANCE WITH THE EXCEPTION OF HAVING NOT PAID THE $4500 ONE-MONTH SHORT-TERM RENTAL PENALTY THAT WAS ORDERED BY SPECIAL MAGISTRATE ROSS.
>> OKAY. AND IS THERE ANY , YOU ARE SAYING, WELL , YOU ARE AWARE OF THE ORDER. YOU JUST , YOU ARE SAYING YOU NEVER RECEIVED , YOU DID NOT APPEAR AT THE HEARING .
>> WE DIDN'T. >> BUT YOU DID RECEIVE THE
ORDER. >> AFTER-THE-FACT, YES. I DID RECEIVE THE ORDER WHICH IS WHEN IS I RESPONDED WHAT IS THIS, I DID NOT KNOW. UNFORTUNATELY I CAN'T GET THE MAIL SENT DIRECTLY TO ME SO IT GOES TO HIM, BECAUSE IT IS ALL UNDER
HIS -- >> SPECIAL MAGISTRATE, UNDER THE LAW OF THE STATE OF FLORIDA, THE CITY IS REQUIRED TO SERVE THE OWNER OF THE PROPERTY AT THEIR ADDRESS AS REGISTERED WITH THE PROPERTY APPRAISER'S OFFICE . THAT IS WHY ALL NOTICES ARE MAILED TO THAT ADDRESS , WHAT YOU SEE ON
YOUR SCREEN. >> AND AS I SAID, AND I WILL REITERATING CASE THERE IS, IN CASE THERE IS ANY CONFUSION , WE ARE ASKING FOR A TOTAL OF $7000 , $8000 30 TODAY. $4500 ORIGINALLY IS ORDERED IN THE ACCUMULATED PENALTY OF $3530.
, IS THERE ANY , IS THERE ANY LEEWAY ?
>> IS IT, DO YOU HAVE ANY DISCRETION? DETERMINE WHETHER THE RESPONDENT TIMELY APPLIED WITH THE ORDER AND WHETHER THE AMOUNT OF THE FINE SHOULD BE ADJUSTED UPWARD OR DOWNWARD BASED UPON CONSIDERATION OF THE FOLLOWING CRITERIA, THE GRAVITY OF THE VIOLATION , ANY ACTION TAKEN BY THE RESPONDENT TO CORRECT THE VIOLATION, ANY PREVIOUS VIOLATIONS COMMITTED BY THE RESPONDENT.
>> OKAY . THERE WERE NO PREVIOUS VIOLATIONS.
>> AND YOU PUT THE MASSEY CRITERIA UP FOR HER , PLEASE?
>> OKAY , SO , MODERATE , UNDER THE GRAVITY , THEY CORRECTED THE VIOLATION , AND THERE WERE NO PREVIOUS ONES.
>> THEY CORRECTED THE PROPERTY VIOLATIONS. THEY DID NOT PAY
THE FINE THAT WAS ASSESSED. >> HOW MUCH DISCRETION DO I
HAVE? >> YOU HAVE NO DISCRETION WITH REGARD TO THE $4500 FINE. SHE FAILED TO APPEAL. THE $3500, YOU HAVE SEEN OUR COSTS, AND IF YOU WANT TO PUT THAT SCREEN BACK UP , AND SHE WAS ASSESSED $250 PER DAY .
>> YOU HAVE SOME DISCRETION ON THE ACCUMULATED PENALTY.
>> WHICH IS A $3500, CORRECT? >> YES.
>> I GUESS I WOULD, YEAH, I JUST, THE $4500 , I CAN'T DO
[01:55:02]
ANYTHING ABOUT , BECAUSE THE TIME TO APPEAL IT HAS PASSED.THE 3530, I AM RELUCTANT TO FIND THAT, BECAUSE I DON'T BELIEVE THAT THEY, ALTHOUGH THEY MAY HAVE NEGLECTED TO FOLLOW THROUGH, IT SEEMS THAT THEY DIDN'T DIRECTLY --
>> INTENT IS NOT ONE OF YOUR CRITERIA, YOUR HONOR. THESE PUT UP THE CRITERIA AGAIN, PLEASE.
>> THE TOTAL, OKAY. THE COST . THAT'S NOT IT. THE TOTAL
COST -- >> SO EVEN THOUGH I DID HAVE THE PAPERWORK IN IN JUNE AND IT JUST WASN'T PUT INTO THE SYSTEM , IT IS JUST BECAUSE HE DIDN'T SHOW UP AT THE HEARING THAT THE $4500 -- EVEN THOUGH I HAD THE PAPERWORK IN IN JUNE? OPPORTUNITY TO DISPUTE. THIS IS JUST, THIS HEARING IS SOLELY FOR YOU DO DISPUTE THE $250 PER DAY.
>> OKAY. AND DO YOU HAVE ANYTHING TO ADD TO THAT?
>> NO , I JUST FIND IT EXTREMELY UPSETTING. I JUST, YOU KNOW, IT , IT WASN'T, IT WASN'T MY FAULT. THE PAPERWORK WAS THERE. IT WAS PUT IN IN JUNE. IT DIDN'T, I DON'T UNDERSTAND.
REDUCE THE 3000 TO THE TOTAL ESTIMATED TO THE COST OF 1065
DISCRETION. >> IN THE $4500 WILL REMAIN , AND I WILL REDUCE THE, I BELIEVE IT WAS THE $3500 TO
$1065.23 . >> CAN YOU SPEAK A LITTLE
LOUDER, I'M SORRY? >> I'M SORRY. I SHOULD SPEAK OVER HERE. I WILL REDUCE THE $3500 AMOUNT TO $1065.23 . SO
WHATEVER THAT TOTAL IS. >> IN, UNDER RULE 14 IN THE EVENT THE SPECIAL MAGISTRATE REDUCES THE AMOUNT OF FINE OTHERWISE TO BE GIVEN LIEN STATUS, ANY REDUCTION SHALL BE EXPRESSLY CONDITIONED UPON ACTUAL PAYMENT BY THE RESPONDENT OF THE REDUCED AMOUNT BY A SPECIFIED DATE NOT TO EXCEED SIX MONTHS . QUIT YOUR HONOR LIKE TO PLACE A DATE ON WHEN THE FINE MUST BE PAID?
>> THE COMPLETE, THE FINE WILL BE PAID BEFORE SIX MONTHS. OR IT REVERTS TO THE ORIGINAL AMOUNT.
>> YOU ARE GIVING THEM SIX MONTHS?
>> THE DATE DUE, YES. >> OKAY.
>> FOR MY ORDER, THANK YOU. >> FOR VERIFICATION ON THE AMOUNT, THE TOTAL AMOUNT THAT WE DECIDED TO --
>> THE TOTAL AMOUNT OF THOSE TWO, 4500+ THE ADMINISTRATION COST WILL BE $5565.23 DUE IN SIX MONTHS, 30 DAYS TO APPEAL.
>> WAIT, WAIT, WAIT, WAIT, WAIT.
>> THE $4500 WAS ON THE ORIGINAL ORDER AND SHE WAS GIVEN 30 DAYS TO PAY THAT AND IT REMAINS UNPAID, SO THE CITY WOULD REQUEST THAT AMOUNT TO BE PAID WITHIN 30 DAYS AS PER THE SPECIAL MAGISTRATE'S ORDER. IF YOU WISH TO EXERCISE YOUR DISCRETION TO GIVE THE RESPONDENT ADDITIONAL TIME TO PAY THE OTHER FINDS , YOU CAN DO THAT UP TO SIX MONTHS.
>> OKAY. WOULD YOU NEED , JUST MAKE IT ALL 30 DAYS?
>> MAKE IT ALL 30 DAYS? >> MAKE IT ALL 30 DAYS. AND THAT , JUST FOR THE RECORD , THAT IS ?
>> A TOTAL OF THAT WILL BE $5565.23.
>> THANK YOU . >> CAN I MAKE A QUICK SUGGESTION OR TIP? YOU DID MENTION THAT YOU HAD ISSUES
WITH THE MAIL. >> IT GOES TO HIM. MY SISTER
WILL GO GET IT . >> OUR SUGGESTION WOULD BE TO UPDATE THE PROPERTY APPRAISER .
>> THAT IS HIS ADDRESS. >> YOU DON'T WANT IT TO GO THERE IF YOU HAVE THIS ISSUE IS WHAT I'M SAYING.
>> THAT IS HIS REGISTERED ADDRESS , I BELIEVE. I DON'T
[02:00:05]
KNOW IF THEY WILL PUT MY NUMBER.>> I WOULD SPEAK TO THAT OFFICE IF I WERE YOU.
>> YOU DON'T WANT THIS TO HAPPEN AGAIN.
>> OKAY. IS THERE ANYTHING ELSE YOU WOULD LIKE TO SAY?
>> THANK YOU. >> DID WE SAY 30 DAYS TO
APPEAL? >> WE ALREADY HAD THAT IN, 30
DAYS TO APPEAL. >> I DIDN'T HEAR YOU.
>> THANK YOU. >> WE ARE GOING TO RETURN BACK
[A. 23-1554 PK South Causeway Park Luis D Duenas Isaac Saucedo]
TO OUR REGULAR ORDER, STARTING WITH FOUR A AND CITATIONS.CASE 23-1554, SOUTH CAUSEWAY PARK , DUENAS .
>> GOOD AFTERNOON. >> AFTERNOON .
>> THIS IS CASE NUMBER 23-1554 SOUTH CAUSEWAY PARK. THE CASE WAS INITIATED ON MAY 29TH OF 2023, AND THE OWNER IS LEWIS DUENAS. THE CODE SECTION IT WAS CITED FOR WAS 34-31 SUBSECTION E FOR NO PARKING ANYTIME . WAS GIVEN FOR A FINE OF $60 AND HAS AN ADMIN FEE OF $10 AND A LATE FEE OF EIGHT DOLLARS FOR A TOTAL DUE OF $78. WE REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THAT THE FOLLOWING BE ORDERED. THE VIOLATOR ASSESSED A FINE IN THE AMOUNT OF $78 AND FAILURE TO PAY SUCH A FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS HERE THAT DEPICT THE DATE AND TIME STAMP AT THE VIOLATION
OCCURRED. >> DO THESE PHOTOS ACCURATELY DEPICT THE VIOLATION THAT YOU OBSERVED?
>> YES THEY DO. >> PLACE THEM INTO EVIDENCE AS THE CITY'S COMPOSITE EXHIBIT ONE.
>> THE PHOTOS WILL BE ENTERED AS THE CITY'S COMPOSITE EXHIBIT ONE. AND I FIND THAT THE VIOLATION EXISTS AND THE FINE OF $50 ADMINISTRATIVE FEE OF $10 AND A LATE FEE, WAIT A MINUTE -- ADMINISTRATIVE FEE OF $10, A LATE FEE OF $18 FOR A TOTAL OF $78 WILL BE DUE AND PAYABLE IN 14 DAYS. IF NOT PAID WITHIN THAT TIME IT WILL BE REFERRED TO THE COUNTY COURT SYSTEM, AND THERE IS 30 DAYS TO APPEAL.
>> THANK YOU. >> I APOLOGIZE. I MADE A MISTAKE. COULD WE CALL ONE OF OUR VIOLATION CASES , IT WILL BE A PHONE IN , IS THAT OKAY?
>> CHARMAINE KIRKLAND, PLEASE?
[C. 23-3002 CE 1912 Avenue E Christina Fortunato Charmaine Kirkland]
>> SO WE ARE GOING TO JUMP TO 5 C IN VIOLATIONS. THIS NUMBER IS 23-3002, 1912 AVENUE E , CHRISTINA FORTUNATO. I WILL BE GOING AHEAD AND CALLING HER NOW.
>> HI, GOOD AFTERNOON, MS. FORTUNATO? THIS IS CATHERINE AND I CALLED YOU LIVE IN OUR COMMISSIONER CHAMBERS FOR OUR SPECIAL MAGISTRATE HEARING. I'M GOING TO GO AHEAD AND SWEAR YOU WHEN , THEN YOU WILL GIVE THE CITY THEIR CHANCE TO PRESENT, AND YOU WILL HAVE A CHANCE TO SPEAK AFTER. OKAY?
>> OKAY. >> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> CHRISTINA FORTUNATO . >> YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
[02:05:08]
>> WHEN YOU ARE READY, MS. KIRKLAND.
>> I'M SORRY. IT'S NOT A GREAT CONNECTION. DID YOU JUST
SAY SOMETHING TO ME? >> NO, I AM THE CITY ATTORNEY TODAY. AND WE, THE CITY WILL PRESENT ITS EVIDENCE FIRST, AND THEN WE WILL ASK YOU TO PRESENT YOUR CASE OR YOUR EVIDENCE.
SO WE ARE GOING TO START WITH MS. CHARMAINE KIRKLAND WHO IS OUR INSPECTOR AND WILL INTRODUCE YOURSELF.
>> GOOD AFTERNOON, CASE NUMBER 23-2002, CASE INITIATED NOVEMBER 1ST, 2023. THE OWNER IS VALDIVIA. VIOLATIONS ARE IPMC 30.12, NUMBER TWO , SECTION 24-18, 24-20 , SUBSECTIONS ONE AND 5, NEW SINCE AS AN OBJECT OUT RIGHT STORAGE. NUMBER THREE , SECTION 24-19, 24-20, 24-2021 , SUBSECTION 4, NEW SINCE AS AN OBJECT, PARKING ON OTHER THAN PAVEMENT. HE REQUESTED IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THAT THE FOLLOWING, THE VIOLATED BE GIVEN 30 DAYS TO NUMBER ONE PRESSURE WASH AND PAINT THE STRUCTURE, NUMBER TWO, REMOVE ALL OUTSIDE OVERAGE, NUMBER THREE, REFRAIN FROM PARKING ON THE GRASS. FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 PER DAY BEING ASSESSED.
>> OKAY. >> YOU PHOTOGRAPHS YOU WOULD
LIKE TO PLACE INTO EVIDENCE? >> YES I DO.
>> ARE THE PHOTOGRAPHS DATE AND TIME STAMPED?
>> AS THEY ARE. >> TODAY ACCURATELY DEPICT THE VIOLATIONS AS HE WITNESSED THEM ON THOSE DAYS?
>> YES I DO. >> I SEE PHOTOGRAPHS FROM FEBRUARY 21, 2024, NOVEMBER 7, 2023 , AND DECEMBER 1, 2023 .
HE VISITED THE PROPERTY THREE TIMES AND TOOK PHOTOGRAPHS EACH
>> I WOULD LIKE TO TAKE HESE PHOTOGRAPHS INTO EVIDENCE AS CITIES COMPOSITE EXHIBIT ONE.
>> THE PHOTOGRAPHS WILL BE ENTERED INTO EVIDENCE AS CITIES
COMPOSITE ONE. >> YOU HAVE ANYTHING FURTHER?
>> NO, MA'AM. >> MS. FORTUNATO, WOULD YOU
LIKE TO ADDRESS THE COURT? >> YES. FIRST OF ALL I WANT TO MAKE SURE YOU UNDERSTAND THAT THE PHOTOGRAPHS FROM NOVEMBER AND DECEMBER OF 2023 IN NO WAY DEPICT THE CONDITION OF THE PROPERTY AS IT IS NOW, AND IF YOU COMPARE BOTH , THE 2023 PHOTOGRAPHS WITH THE 2024 , YOU CAN SEE A MASSIVE IMPROVEMENT IN THE CONDITION , AND I MEAN , THAT IS WHY I ASKED, I DIDN'T KNOW ABOUT THIS VIOLATION UNTIL ABOUT TWO WEEKS AGO , BECAUSE I DIDN'T RECEIVE THE PAPER, THE NOTIFICATION IN THE MAIL, SO I'VE ONLY HAD TWO WEEKS, TWO WEEKS TO ADDRESS THESE VIOLATIONS, AND I ASKED MS. KIRKLAND TO PLEASE DISCUSS WITH ME AFTER I SENT HER THE ENCLOSED, THE PHOTOGRAPHS OF THE IMPROVEMENTS, AND ASKED HER PLEASE DISCUSS IF THERE'S ANYTHING ELSE THAT NEEDS TO BE DONE, BECAUSE ANYTHING THAT STILL NEEDS TO BE DONE , I'M ALWAYS, I ALWAYS COME INTO COMPLIANCE. WITH VIOLATIONS ON ANY OF MY PROPERTIES , ALWAYS, BUT SHE HASN'T CONTACTED ME .
>> MS. KIRKLAND -- >> SO THAT WAS A PROBLEM. I MEAN, I HAVE THE PHOTOGRAPHS THAT WERE TAKEN TODAY, AND I'M LOOKING AT THEM , AND I'M READY TO MAKE A LIST OF WHAT HAS TO BE DONE TO CORRECT IT, BUT I CAN'T CORRECT IF I DON'T KNOW WHAT HAS TO BE DONE. SO PHOTOGRAPH ONE SHOWS UNDERNEATH THE STAIRS , THERE ARE TWO FOLDING PATIO CHAIRS AND A SHOVEL. SO, WHAT YOU WANT ME TO DO WITH THOSE? I MEAN, THOSE ARE OUTDOOR FOLDING CHAIRS . THAT IS WHERE THEY BELONG. IN THE SHOVEL, I GUESS THE SHOVELEL , I MEAN IS THAT WHAT YOU WANT? YOU NEED TO TELL ME, WHAT YOU WANT ME TO DO AND I WILL, YOU KNOW, CORRECT ALL OF THE PROBLEMS. THAT, YOU KNOW, SO CAN YOU TELL ME, MS. KIRKLAND, WHAT YOU WOULD LIKE ME TO DO REGARDING THAT PHOTOGRAPH? THAT'S THE FIRST
[02:10:04]
ONE. IT SHOWS THE STAIRWELL WITH TWO FOLDING CHAIRS ANDA SHOVEL. >> WE HAVE THAT WENT ON THE SCREEN AND I WILL ASK MS. KIRKLAND --
>> LET ME ASK YOU SOMETHING, RATHER THAN WASTING THE TIME OF ALL THE PEOPLE THAT ARE AT THE HEARING, I'M ASSUMING THERE ARE OTHERS, CAN'T AT SOME POINT MS. KIRKLAND AND I MAKE AN ARRANGEMENT TO DISCUSS THIS ON THE PHONE, BECAUSE THERE ARE 10 PHOTOGRAPHS. I NEED, YOU KNOW, FOR US TO DISCUSS IT, AND THEN SHE, OR PERHAPS SHE CAN MAKE A LIST OF WHAT NEEDS TO BE DONE WITH THE ITEMS THAT ARE IN THESE PHOTOGRAPHS ARE WHAT THE PROBLEM IS. PHOTOGRAPH NUMBER TWO, IT IS A PICTURE OF THE SIDE OF THE HOUSE, OF THE BUILDING. I HAD NO IDEA WHAT'S THE PROBLEM WITH THAT ONE. I DON'T SEE ANY DEBRIS OR GARBAGE OR ANY OTHER THINGS THAT ARE LISTED IN THE NEW SINCE STATUTE , SO I DON'T KNOW WHAT THE PROBLEM IS WITH THAT PICTURE. PERHAPS, I MEAN, AND THE NUMBER THREE, THE BACKYARD HAS A BARBECUE SITTING ON A TRAILER . I DON'T SEE WHY THAT IS A PROBLEM , BECAUSE IT IS LEGALLY TAGGED AND LICENSED, BUT IF YOU WANT , BUT IF IT NEEDS TO BE REMOVED THEN LET ME KNOW, I'LL GET IT REMOVED . I MEAN, I DIDN'T KNOW THERE WAS ANYTHING WRONG WITH IT. DOES THAT MAKE SENSE THAT AT SOME POINT, YOU KNOW, MS. KIRKLAND COULD MAKE A LIST OF THE PROBLEMS WITH EACH OF THESE PICTURES SO THAT I CAN ADDRESS
IT? >> ALL RIGHT. I'M GOING TO TALK NOW . WE ARE GOING TO ASK MS. KIRKLAND TO LIST THE VIOLATIONS THAT EXIST ON THE PROPERTY AS OF TODAY, AND WE ARE GOING TO ASK THE MAGISTRATE , SPECIAL MAGISTRATE TO FIND THAT THE VIOLATIONS EXIST. WE ARE THEN GOING TO ASK THE SPECIAL MAGISTRATE TO GIVE YOU 30 DAYS TO CLEAR UP THE VIOLATIONS. WOULD YOU LIKE TO PROCEED THAT WAY?
>> OKAY, WAIT, I'M SORRY. CAN MS. KIRKLAND PLEASE, I NEED FOR HER PLEASE TO ADDRESS EACH PICTURE . IN OTHER WORDS, NUMBER SIX, THERE IS A PICTURE OF THE FOOT OF THE HOUSE. TO ME I DON'T SEE ANYTHING WRONG WITH IT. I DON'T KNOW, I MEAN I'M NOT SURE SHE'S TAKING PICTURES TO SHOW MAYBE THAT'S IT. WELL THEN, IN OTHER WORDS, FOR INSTANCE , THE NUMBER SIX PICTURE WHICH SHOWS NOTHING WRONG, PERHAPS SHE COULD SAY WILL THIS ONE IS GOOD HERE THIS SHOWS THAT THERE WAS COMPLIANCE IN RELATION TO WHAT , TO HOW IT LOOKED IN NOVEMBER AND DECEMBER. SO MAYBE SOME OF THESE PICTURES ARE SHOWING COMPLIANCE RATHER THAN CONTINUE TO VIOLATIONS .
>> MS. KIRKLAND , HOW MANY PHOTOGRAPHS DO WE HAVE FROM
>> 10 PHOTOGRAPHS? ALL RIGHT, CAN WE SCROLL THROUGH THEM ONE AT A TIME AND HAVE MS. KIRKLAND EXPLAIN THE VIOLATION.
>> DO YOU WANT TO DO THAT NOW OR DO YOU WANT TO DO THAT
SOMETIME LATER ON IN THE WEEK? >> MS. FORTUNATO, WE HAVE A PROCEDURE IF YOU NEED A CONTINUANCE AND YOU DID NOT ASK FOR A CONTINUANCE OF THIS HEARING SO THIS HEARING IS NOT GOING TO BE CONTINUED. WE ARE GOING TO ASK THE SPECIAL MAGISTRATE TO FIND A VIOLATION TODAY. WOULD YOU LIKE HER TO SCROLL THROUGH THE PHOTOGRAPHS OR DO YOU WANT TO ADMIT TO THE
VIOLATIONS? >> I'M SORRY, WHAT WAS THE
FIRST OPTION? >> WHAT YOU LIKE HER TO GO THROUGH THE PHOTOGRAPHS WITH YOU NOW IN COURT?
>> YES. YES. WE CAN DO IT NOW. THAT'S FINE.
>> ALTERNATIVELY YOU CAN ADMIT THE VIOLATIONS AND HAVE 30 DAYS
TO COMPLY. >> OKAY THOMAS SO THE
PHOTOGRAPHS, ARE -- >> PHOTOGRAPH NUMBER ONE.
>> WEIGHT -- ONE. I'M READY TO MAKE A LIST OF WHAT THE PROBLEMS ARE, WITH
PHOTOGRAPH NUMBER ONE. >> WAIT, WE ARE GOING TO REFER TO THE PHOTOGRAPHS BY THE TIMESTAMP , AND MS. KIRKLAND IS PHOTOGRAPH SHE IS LOOKING AT , AND WHEN YOU HAVE GOT THAT PHOTOGRAPH ON YOUR SCREEN , I WANT YOU TO SAY I HAVEN'T ,
AND NOTHING ELSE. OKAY? >> OKAY. OKAY.
>> OKAY, MS. FORTUNATO THE FIRST PHOTO IS THE ONE THAT IS TIME STAMPED FOR 1008 THIS MORNING.
[02:15:08]
>> IT SHOWS A TWO-STORY HOUSE WITH A BLACK PICKUP TRUCK, AND YOU CAN READ THE LICENSE PLATE OF THE PICKUP TRUCK. DO YOU
HAVE THAT PHOTOGRAPH? >> I HAVE IT.
>> ALL RIGHT. >> OKAY. THIS VIOLATION IS THAT THE VEHICLE IS PARKED ON THE GRASS.
>> THAT, OKAY . DO I HAVE THE OPPORTUNITY TO CONTEST THIS ACCUSATION, BECAUSE ACCORDING TO THE STATUTE, A VEHICLE HAS TO BE PARKED IN THE DRIVEWAY, WHETHER PAVED OR NOT. IF YOU LOOK AT THE STATUTE, I HAVE IT IN FRONT OF ME, IT IS A STATUTE THAT MS. KIRKLAND CITED, BECAUSE A THEN IN SECTION 4, A MOTOR VEHICLE KEPT IN THE FRONT YARD OF A RESIDENCE ON OTHER THAN PAVEMENT UNLESS PARKED IN A DRIVEWAY WHERE THE DRIVEWAY IS PAVED OR UNPAVED. THERE IS NO REQUIREMENT THAT THE DRIVEWAY BE PAVED. AND THIS VEHICLE IS IN A DRIVEWAY , BECAUSE THERE IS A CUT, AND MS. KIRKLAND KNOWS THAT. WE HAVE DISCUSSED THAT. THERE IS A CURB CUT WHERE THE TRUCK IS PARKED. THAT'S A DRIVEWAY. I THOUGHT THAT WE , I THOUGHT WE, MS. KIRKLAND , I THOUGHT THAT WE DISCUSSED THAT , AND I EXPLAINED TO YOU , I DON'T KNOW WHERE, WHEN YOU , WHEN YOU CITED ON THE VIOLATION, IT SAYS , WAIT, WHERE DID THAT GO. IT SAYS NUISANCE AS AN OBJECT, PARKING ON OTHER THAN PAVEMENT. THERE IS NO, THAT, THAT PHRASE "PARKING ON OTHER THAN PAVEMENT" IS NOWHERE IN THE STATUTE. I DON'T KNOW WHERE THAT CAME FROM. BUT THAT , THAT IS NOT A VIOLATION WHAT YOU ARE LOOKING AT RIGHT NOW.
ONE PLEASE. >> SAY THAT AGAIN ?
>> WE ARE GOING TO MOVE ONTO THE NEXT ONE, PLEASE.
>> THE NEXT PHOTO IS TIME STAMPED 10:08 A.M. WITH 12 SECONDS. DO YOU HAVE THAT ONE IN FRONT OF YOU?
>> OKAY. THIS PHOTO SHOWS COMPLIANCE, BECAUSE YOU DID PRESSURE WASH THE BOTTOM FLOOR UNDERNEATH THE WINDOW .
>> OKAY. >> SO , MS. KIRKLAND.
>> AND I JUST SAY ONE THING? >> NO, EXCUSE ME. I'M GOING TO ASK A QUESTION OF MS. KIRKLAND. MS. KIRKLAND, YOU FOUND THE VIOLATION WAS CORRECTED AND YOU PHOTOGRAPH THE PROPERTY ON FEBRUARY 21 . WAS A VIOLATION CORRECTED WHEN YOU PHOTOGRAPH
THE PROPERTY IN DECEMBER? >> NO, MA'AM .
>> THANK YOU. >> ALSO , IS THAT , IS THAT VIOLATION COMPLETELY IN COMPLIANCE OR ONLY CERTAIN AREAS? JUST WANTED TO VERIFY.
>> I JUST WANT TO SAY THAT YOU SAID ONLY RESPOND WITH "HAVE IT ," BUT THERE ARE ONE OR TWO PHOTOS WERE I CAN'T READ THE
TIMESTAMP. >> BUT YOU WERE ABLE TO PULL UP
THAT PHOTOGRAPH? >> SAY THAT AGAIN?
>> YOU WERE ABLE TO PULL UP THE PHOTOGRAPH THAT SHE WAS REFERRING TO? I DIDN'T WANT YOU TO START TALKING ABOUT IT.
JUST FIND US AND LET US KNOW SO SHE CAN TALK ABOUT WITH THE
VIOLATION IS. >> THE NEXT PHOTO IS 10:07
A.M. WITH 58 SECONDS. >> I SEE IT AND HAVE IT.
>> THIS ONE IS NOT IN COMPLIANCE BECAUSE THE BROWN POLLS, THE STRUCTURE NEEDS TO BE PAINTED.
>> WHICH ONE? >> 10:07 WITH 58 SECONDS.
>> I HAVE THAT, BUT WHAT'S THE PROBLEM? THE BROWN?
>> NEEDS TO BE PAINTED. >> THE BROWN UNDERNEATH WHERE
[02:20:01]
>> THE BROWN THING? THE ROUND SAYING WHERE YOU CAN, WHERE THE PAINT , THERE'S A LITTLE BIT OF PAINT A LITTLE BIT OF PAINT MISSING OFF OF THE UPRIGHT?
>> THE BROWN POLLS WHICH ARE UNDERNEATH THE ADDRESS AND ALSO ON THE BUILDING AT HEALTH NEXT TO THE AIR CONDITIONER ON THE
>> THAT'S EASY TO DO, BUT WOW , IS THAT NITPICKING. OKAY.
>> ALSO ON THE SECOND FLOOR --
>> THAT WILL BE TAKEN CARE OF. OKAY . NEXT.
>> OKAY . YOU HAVE THE PHOTO TIME STAMPED 10:06 WITH EIGHT
SECONDS IN FRONT OF YOU? >> WEIGHT WHAT IS THE
TIMESTAMP? >> 10:06 WITH EIGHT SECONDS.
>> YOU GOT IT? >> SHE SAID YES.
>> OKAY , SO THE BUILDING IN THE BACK NEEDS TO BE PAINTED.
SECONDS IS THE SIDE. THAT , WAIT , THE BUILDING -- THE BUILDING THAT YOU SEE IN THAT PICTURE IS NOT MY BUILDING.
THAT, I DON'T THINK. >> FOR THIS PHOTOGRAPH ARE YOU
STANDING ON THE PROPERTY? >> SHE'S RIGHT. THAT'S CORRECT. THAT'S NOT HER BUILDING.
>> IT HAS TO BE PAINTED? >> THIS PHOTO IS NOT YOUR BUILDING. THIS PHOTO IS JUST A PICTURE OF THE GRILL.
>> OKAY, SO LET ME ASK MS. KIRKLAND, IS THERE A VIOLATION
>> ALL RIGHT, NEXT. >> WE ARE LOOKING AT THE PHOTOGRAPH WITH THE SATELLITE DISHES ON THE SIDE OF THE HOUSE, TIME STAMPED 10:05:36.
>> I'M SORRY. DID WE FINISH WITH THE 10:06:08 ?
>> YES, MA'AM, NO VIOLATION IN THAT PHOTOGRAPH.
>> THE NEXT ONE WAS . >> THIS WAS THE ONE WITH SATELLITE DISHES ON THE SIDE, 1005 .
>> IS THAT A VIOLATION IN THE PHOTOGRAPH?
>> NO VIOLATION. OKAY. >> 10:05:13, LOOKING AT A
STAIRWELL. >> 10:05:13 SECONDS? OKAY, THE VIOLATIONS ARE THE SHOVEL , THOSE CHAIRS ARE FINE . THOSE
ARE OUTSIDE CHAIRS. >> THE SHOVEL ON THAT ONE.
>> JUST A MOMENT. >> CAN I SEE THIS PHOTOGRAPH FROM YOUR DECEMBERS SET PLEASE. THE DECEMBERS SET, WHAT VIOLATION WAS SHE PHOTOGRAPHING UNDER THE STAIRWELL?
>> NO, I'M NOT THINKING ABOUT THE DECEMBER ONE, AND WANTING
TO KNOW WHAT'S GOING ON NOW. >> I UNDERSTAND THAT. I'M ASKING MY OFFICER TO TESTIFY WHETHER OR NOT THERE WAS A
VIOLATION IN DECEMBER. >> YES MA'AM, THIS IS NOVEMBER
NOT DECEMBER. >> IN THE VIOLATION YOU RECORDED IN NOVEMBER WAS OUTSIDE STORAGE ?
>> YES. >> AND THAT HAS BEEN COMPLIED WITH OTHER THAN THE SHOVEL, IS THAT CORRECT?
>> I'M SORRY, JUST THE SHOVEL ?
>> JESSE OUTSIDE STORAGE OF THE SHOVEL.
>> WOULD IT BE OKAY TO STAND THE SHOVEL UP SO IT DOESN'T LOOK LIKE IT HAS BEEN DISCARDED, OR DOES IT HAVE TO ACTUALLY , IT CAN'T BE ON THE OUTSIDE OF THE PROPERTY? IT, I
[02:25:02]
KNOW THE STATUTE SAID IT COULD BE IN A GARAGE OR A SHED, BUT THERE IS NO SHADOW GARAGE ON THAT PROPERTY, SO, THE SHOVEL,I JUST NEED TO KNOW . >> THE STATUTE SAYS WHAT THE
STATUTE SAYS, MA'AM. >> I KNOW TOOLS ARE SPECIFICALLY ONE OF THE NUISANCES THAT CAN'T BE OUTSIDE . IT'S A TOOL. I DON'T KNOW THAT I CONSIDER A SHOVEL TO BE A TOOL, BUT ARE YOU SAYING THAT THE SHOVEL CAN'T BE OUTSIDE THE HOUSE AT ALL? OR IT'S OKAY IF IT DOESN'T LOOK, LIKE IF IT STANDS UP SO IT'S NOT LOOKING
LIKE IT WAS DISCARDED ? >> IT CAN BE PLACED IN THE BACK OF THE HOME . IT IS A GARDEN TOOL , SO IT SHOULD BE IN A SHED , BUT I KNOW THAT YOU DON'T HAVE ONE, SO MAYBE IN THE BACK OF THE HOME ARE ON THE SIDE THAT IS NOT VISIBLE FROM
THE STREET, MAYBE? >> OH, OKAY . WELL, YOU KNOW, EACH SIDE OF THIS BUILDING IS VISIBLE FROM A STREET.
>> I KNOW. >> SO MAYBE ON THE SIDE, ON THE NORTH SIDE, ON THE LITTLE WALKWAY, MAYBE .
>> OKAY. I WILL FIGURE IT OUT. I WILL DO SOMETHING.
>> ALL RIGHT, NEXT. >> I AM BACK TO THE FEBRUARY
ONES. >> YOU ARE GOING TO WANT TO
CLOSE THAT WINDOW. >> WE ARE DONE WITH THE
FEBRUARY ONES. >> IS THIS IT ?
>> THAT IS ALL FOR FEBRUARY. SO BASED ON THE TESTIMONY OF MS. KIRKLAND , WE ARE ASKING FOR A FINDING OF THE VIOLATIONS, AND THE RECOMMENDATIONS , HAVE THE
RECOMMENDATIONS CHANGED? >> KNOW THEY HAVE NOT.
>> PRESSURE WASH OR PAINT, THE STRUCTURES, YOU ARE TALKING ABOUT THE COLUMNS IN THE FRONT, CORRECT? REMOVE OUTSIDE STORAGE. AND REFRAIN FROM PARKING UNTIL SHE DONE, PLEASE.
>> I'M DONE. >> I'M SORRY, AHEAD.
>> I SAID, I'M DONE. >> YOU MAY SAY SOMETHING.
>> HOW DO I ADDRESS THE FACT THERE IS NO STATUTE THAT YOU DON'T PARK ON THE GRASS AT LONG AS YOU ARE IN A DRIVEWAY.
THERE IS NO VIOLATION. >> MISFORTUNE INIAD DO, WE HAVE BEEN IN CONTACT ALL LAST WEEK AND THE PREVIOUS WEEK AND WE HAVE DISCUSSED ABOUT THE PARKING SITUATION. YOU DO HAVE TO HAVE -- YOU DO HAVE TO HAVE THE AREA PAVED OR A PARKING STAMP OR SOMETHING TO MAKE IT LOOK LIKE A PARKING SPOT. IT WAS PREVIOUSLY GRASS. THE VEHICLES HAVE EATEN UP THE GRASS. THIS IS WHY GRASS IS SPECIFIED ON THE LETTER.
>> SO, IN OTHER WORDS, PUT SOME BRICKS OR SOMETHING IN A LINE DEMARCATING THE DRIVEWAY FROM THE REST OF THE FRONT YARD,
THAT WOULD WORK? >> YES, MA'AM.
>> LET ME WRITE THAT DOWN. OKAY. I UNDERSTAND. BUT THERE IS NO -- YOU DO AGREE WITH ME THAT THERE IS NO REQUIREMENT THAT THE DRIVEWAY BE PAVED. JUST THAT IT SHOULD BE OBVIOUS
THAT IT'S A DRIVEWAY. >> THE STATUTE READS MOTOR VEHICLE KEPT IN THE FRONT YARD OF A RESIDENCE ON OTHER THAN PAVEMENT UNLESS PARKED IN A DRIVEWAY WHETHER SUCH DRIVEWAY IS PAVED OR UNPAVED. THE STATUTE SPECIFIES THAT THERE
MUST BE A DRIVEWAY. >> HOLD ON A SECOND.
>> STATUTE SPECIFIES THAT THERE MUST BE A DRIVEWAY.
>> GO AHEAD. >> THE STATUTE SPECIFIES THERE
MUST BE A DRIVEWAY. >> OKAY. THERE IS A DRIVEWAY.
>> THERE IS A -- OKAY. MISS KIRKLAND CAN YOU VERIFY TO --
IS THIS KATHERINE? >> I'M SORRY.
>> IS YOUR NAME KATHERINE? >> NO, ANDREA. I'M AN
ATTORNEY. >> OKAY. MISS KIRKLAND COULD YOU VERIFY TO THE ATTORNEY THAT THAT IS A DRIVEWAY BECAUSE
THERE IS A CUT. >> IS IT A DRIVEWAY UNDER OUR
[02:30:03]
CODE MISS KIRK LAND. >> NO, MA'AM, IT'S NOT A
DRIVEWAY. >> YOU HAVE EXPLAINED WHY IT'S
NOT A DRIVEWAY. >> YES, I HAVE.
>> NO, SHE DIDN'T. >> I COULD HAVE SWORN SINCE THERE IS A CUT IN THE CURB THAT -- YOU SAID YOURSELF THAT IT'S A CUT THAT CAN ACCOMMODATE TWO CARS. THE CUT IS WIDE ENOUGH THAT TWO CARS CA N GO UP IN THERE. BUT THEN THE REST OF THE CURB IS NOT CUT. SO, THAT DEFINITELY IS A DRIVEWAY.
>> THANK YOU FOR YOUR TESTIMONY.
>> I HAVE NOTHING FURTHER FROM THE CITY.
>> OKAY, SO, AS FAR AS WHAT I CAN UNDERSTAND, I NEED TO DEMARCATE THAT DRIVEWAY SO THAT IT IS MORE OBVIOUS IT'S A DRIVEWAY AND TO PUT THE BROWN PAINT IN THAT THING IN THE FRONT AND GET RID OF THE SHOVEL, THOSE ARE THE THREE THINGS. ANYTHING ELSE, MISS KIRKLAND.
>> SPECIAL MAGISTRATE WE ASK THAT THE SPECIAL MAG TRAIT FINDS THAT THE VIOLATIONS EXIST AND THE FOLLOWING BE ORDERED.
VIOLATOR BE GIVEN 30 DAYS TO PRESSURE WASH AND/OR PAINT THE STRUCTURE, REMOVE OUTSIDE STORAGE, REFRAIN FROM PARKING ON THE GRASS, FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 A
>> THAT'S IT? THERE IS NO GRASS ANYHOW. IT'S DIRT. NO
PARKING ON THE GRASS. >> WE DISCUSSED THAT. I THINK SHE HAS EXPLAINED IT TO YOU. I HEARD HER EXPLAIN IT TO YOU. I FIND -- YOU HAVE 30 DAYS TO COMPLY. SO, YOU HAVE -- THE VIOLATION EXISTS. YOU HAVE TO PRESSURE WASH, PAINTS THE STRUCTURE, REMOVE OUTSIDE STORAGE AND REFRAIN FROM PARKING ON THE GRASS. FAY FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 A DAY BEING ASSESSED AFTER THE 30 DAYS. IF YOU FEEL YOU HAVE COMPLIED WITHIN THE 30 DAYS, AS I UNDERSTAND IT, YOU CAN CONTACT MISS KIRKLAND AND LET HER KNOW IT'S IN COMPLIANCE AND SHE WILL COME OUT AND REINSPECT IT
TO MAKE SURE THAT IT IS. >> OKAY.
>> OKAY. YOU HAVE 30 DAYS TO APPEAL THIS IF YOU DECIDE TO DO
>> THANK YOU, MISS FORTUNE INIAD DO.
>> WE JUMP TO CRY 4 C 232038 JC PARK CHRISTOPHER REGAL.
>> HOLD ON A SECOND. WE HAVE TWO MORE CALLS. O CF1 O
>> YOU ARE CORRECT. MY APOLOGIES. WE CAN DEFINITELY JUMP TO THOSE. WE WILL JUMP TO VIOLATION CASES 5 H AND I, THE
SAME OWNER. WE START WITH H. >> THANK YOU. HAS THE CALL BEEN
PLACED? >> I WILL BE CALLING THEM RIGHT
NOW. >> I WILL TRY A SECONDARY
[02:35:35]
NUMBER. >> WOULD YOU LIKE FOR ME TO CONTINUE TO ATTEMPT TO REACH THEM.
>> NOT AT THIS TIME. I WOULD LIKE TO FINISH AND WE WILL GO AFTER THEM AT THE END OF THE HEARING, TRY TO REACH THEM
AGAIN. >> SO, WE WILL CIRCLE BACK?
>> IS THAT ACCEPTABLE TO EVERYBODY IN THE ROOM, THAT WE GO BACK TO WHERE WE WERE ON THE DOCKET. IS THAT ACCEPTABLE?
>> ANOTHER ONE THAT IS A PHONE CALL, RIGHT.
>> THEY ARE BOTH THE SAME OWNER.
[C. 23-2038 PK Jaycee Park Christopher Reagle Michael Rabenecker]
>> WE RETURN TO CITATIONS 4 C, 23-2038, JAY KEY PARK,
CHRISTOPHER REAGLE. >> YOUR HONOR THE CASE IS NUMBER 23-2038, A PARKING CITATION THAT OCCURRED AT JAY KEY PARK INITIATED JULY 9, 2023. THE OWNER OF THE VEHICLE A CHRISTOPHER REG LETTER. THE CITATION NUMBER IS 19936 PARKING VIOLATION OF 34-31 C RESTRICTED PARKING FOR BOAT TRAILERS ONLY. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED AD $10 ADMINISTRATION FEE AND LATE FEE FOR $78. THE CITY REQUESTS THAFINDS THAT IT S THE VIOLATOR BE ASSESSED A FINE OF $78. FAILURE TO PAY THE CITATION GOING TO THE COURT
PHOTO. >> MOVE THESE PHOTOS INTO
EVIDENCE AS CITY COMPOSITE 1. >> PHOTOGRAPHS ENTERED AS CITY
>> NOTHING ELSE TO ADD, YOUR HONOR.
>> I FIND THAT THE VIOLATION OCCURRED AND THAT THE FINE OF $50 ADMINISTRATIVE FEE OF $10 AND LATE FEE OF $18 FOR $78 WILL BE ASSESSED AND PAYABLE IN 14 DAYS. IF NOT PAID WITHIN THAT TIME, IT WILL BE REFERRED TO THE COUNTY COURT SYSTEM. IN ADDITION THERE IS A 30-DAY RIGHT TO APPEAL.
>> THANK YOU, YOUR HONOR. >> NEXT CASE IS 23-2018, JAY
[D. 23-2018 PK Jaycee Park Wyman Burns, JR Michael Rabenecker]
KEY PARK WYMAN BURNS JUNIOR. >> THE NEXT CASE BEFORE YOU IS 23-2018 A PARKING VIOLATION THAT OCCURRED AT JAY KEY PARK.
CASE INITIATED JULY 1, 2023. OWNER OF THE VEHICLE A WYMAN BURNS JUNIOR. THE CITATION NUMBER 19904 PARKING VIOLATION OF CITY ORDINANCE 34-31 C RESTRICTED PARKING FOR BOAT TRAILERS ONLY. THE CITY IS ASKING $50 FINE BE ASSESSED,
[02:40:15]
$10 ADMINISTRATIVEFEE AND LATE FEE OF $18. THE CITY REQUESTS THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THE FOLLOWING BE ORDERED. VIOLATOR ASSESSED A FINE IN THE AMOUNT OF $78 AND FAILURE TO PAY SUCH TIMESTAMP AND THE VIOLATION ASI WITNESSED IT. >> CITY MOVES THE PHOTOGRAPHS INTO EVIDENCE AS CITY COMPOSITE EXHIBIT 1.
>> PHOTOGRAPHS SUBMITTED WILL BE ENTERED AS CITY'S COMPOSITE
EXHIBIT ONE. >> I FIND THAT THE VIOLATION OF RESTRICTED PARKING, BOAT TRAILERS ONLY, I FIND THAT THE VIOLATION OCCURRED. FINE OF $50 AND ADMINISTRATIVE FEE OF $10 AND LATE FEE OF $18. IT WILL BE ASSESSED FOR A TOTAL OF $78 PAYABLE IN 14 DAYS OR WILL BE REFERRED TO THE COUNTY COURT SYSTEM. THERE IS A 30-DAY RIGHT TO APPEAL.
>> THANK YOU, YOUR HONOR. >> THE NEXT CASE 23-2013, JAY
[E. 23-2013 PK Jaycee Park Joseph Lammers, IV Michael Rabenecker]
KEY PARK, JOSEPH LAMMERS THE FOURTH.>> THE NEXT CASE IS CASE NUMBER 23-2031 A PARKING VIOLATION THAT OCCURRED AT JAY KEY PARK. THE CASE WAS INITIATED JULY 1, 2023. THE OWNER WAS JOSEPH LAMMERS THE FOURTH. CITATION NUMBER 19909, PARKING VIOLATION OF CITY ORDINANCE 3431 C RESTRICTED PARKING FOR BOAT TRAILERS ONLY. THE CITY IS ASKING $50 FINE, ADMINISTRATION FEE OF $18 AND A TOTAL OF $78.
IF THE VIOLATION EXISTS THE FOLLOWING BE ORDERED. VIOLATOR ASSESSED A FINE OF $78 AND FAILURE RESULTS IN VIE EXPECTATION FORWARDED TO THE COUNTY COURT SYSTEM.
INAUDIBLE ] CITY MOVES THE PHOTOS IN EVIDENCE
[F. 23-2043 PK Jaycee Park Nathaniel Bailey Helen McDonald Michael Rabenecker]
CITATION BEING FORWARDED TO THE COURT SYSTEM.>> THE CITY MOVES THE PHOTOS INTO EVIDENCE AS CITY COMPOSITE
EXHIBIT 1. >> PHOTOGRAPHS SUBMITTED WILL BE ENTERED INTO EVIDENCE AS CITY'S COMPOSITE ONE.
PHOTOGRAPHS SHOW THE VEHICLE IN RESTRICTED BOAT TRAILER PARKING ONLY. VIOLATION EXISTS AND FINE OF $50, ADMINISTRATIVE FEE OF $10 AND LATE FEE OF $18 FOR $78 WILL BE DUE AND PAYABLE IN 14 DAYS OR WILL BE REFERRED TO THE COUNTY COURT SYSTEM. 30-DAY
[G. 23-2042 PK Jaycee Park Terrence Cooper Michael Rabenecker]
RIGHT TO APPEAL. >> THANK YOU, YOUR HONOR.
>> NEXT CASE IS 23-2042 JAY KEY PARK, TERRENCE COOPER.
>> YOUR HONOR THE NEXT CASE BEFORE YOU IS 23-2042, PARKING
[02:45:03]
VIOLATION AT JAY KEY PARK. THE CASE WAS GNASH JADE JULY 8, 2023. OWNER OF THE VEHICLE IS TERRENCE COOPER. THE CITATION NUMBER 19922 PARKING VIOLATION OF ORDER NANCE 3131 C RESTRICTED PARKING FOR BOAT TRAILERS ONLY. THE CITY ASKS A $50 FINE, ADMINISTRATION FEE OF $10 AND LATE FEE OF 18 FOR $78.THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE VIOLATION EXIST THE FOLLOWING BE ORDERED. VIOLATOR ASSESSED A FINE OF $78. FAILURE TO PAY THE CITATION GOING TO THE COURT SYSTEM. PHOTOS DATE AND TIME STAMPED AND HOW I WITNESSED IT.
>> CITY MOVES THE PHOTOGRAPHS INTO EVIDENCE AS CITY COMPOSITE
EXHIBIT 1. >> PHOTOGRAPHS SUBMITTED WILL BE ENTERED AS CITY COMPOSITE EXHIBIT 1. PHOTOGRAPHS SHOW THE RESTRICTED BOAT TRAILER PARKING ONLY. VEHICLE IS PARKED IN THE RESTRICTED AREA AND FINE $50, ADMINISTRATIVE FEE OF 1018 AND LATE FEE OF $18 ASSESSED AND DUE AND PAPABLE IN 14 DAY OR WILL BE FORWARDED TO THE COURT SYSTEM. 30-DAY RIGHT TO APPEAL.
[H. 23- 2874CE 1010 Seaway Drive 1004 -1010 SEAWAY DREAM TEAM LLC Heather Debevec]
>> THANK YOU. THAT IS THE LAST OF THE CITATIONS. I DID GET CONFIRMATION THAT THEY ARE AVAILABLE FOR THEIR PHONE CALL NOW. CITY ATTORNEY, HOW WOULD YOU LIKE TO PROCEED?
>> I WOULD LIKE TO PROCEED WITH THE WITNESS THAT IS AVAILABLE.
>> WE JUMP TO FIVE H IN VIOLATIONS, 23-2874 AND 2876 WHICH IS I. 1010 SEA WAY DRIVE AND 1004 SEA WAY DRIVE WITH THE SAME OWNER, 1010 SEA WAY DREAM TEAM LLC.
>> THAT'S STRANGE. OKAY. LET'S TRY A DIFFERENT WAY.
>> I'M KATHERINE CALLING YOU LIVE FROM THE COMMISSIONER CHAMBERS FOR A HEARING THIS AFTERNOON. HE HAS CONFIRMED THAT HE IS READY TO TAKE THIS CALL BUT IT'S STILL GOING TO VOICEMAIL. ARE YOU GUYS LOCATED IN THE SAME OFFICE? I'M NOT SURE IF YOU CAN GET A HOLD OF HIM.
>> CAN YOU REPEAT THE ATTORNEY'S NAME.
>> SALVATORE FUCILLO. >> THANK YOU, LET ME CONNECT
YOU TO HIM, OKAY. >> THANK YOU.
[02:50:05]
>> I APOLOGIZE. I DON'T KNOW WHAT THE PROBLEM WAS.
>> NO WORRIES. THIS IS KATHERINE CALLING YOU LIVE FROM THE COMMISSIONER CHAMBERS FOR THE PUBLIC HEARING, SPECIAL MAGISTRATE HEARING THIS AFTERNOON.
>> YES. >> OKAY. I WILL GO AHEAD AND SWEAR YOU IN. THE CITY WILL HAVE A CHANCE TO PRESENT AND THEN YOU HAVE A CHANCE TO SPEAK AFTER, OKAY.
>> OKAY. THANK YOU. >> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD .
INAUDIBLE ] >> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> I SALVATORE FUCILLO. >> DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU GIVE WILL BE THE TRUTH.
>> YES. >> THANK YOU. THE CITY MAY
PROCEED. >> SPECIAL MAGISTRATE THIS IS CASE NUMBER 23-2874, 1010 SEA WAY DRIVE. CASE WAS INITIATED NOVEMBER 3 OF LAST YEAR. IT WAS FOR IPM ACCESSORY STRUCTURES, INAUDIBLE ] EXTERIOR STRUCTURE GENERAL, AND DOOR FRAMES. PROTECTIVE TREATMENT. THE CITY IS REQUESTING THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THE FOLLOWING BE ORDERED. 30 DAYS TO DO THE FOLLOWING.
REPLACE THE MISSING METAL PIECE ON THE EAST SIDE OF THE AWNING.
REPAIR OR REPLACE ALL ROTTING WOOD. REPAIR OR REPLACE THE DOOR FACING WEST NEXT TO THE GARAGE DOOR, REPLACE THE OPEN SIGN FRAMES WITH BLANK OR OPAQUE FACE SIGNS. PAINT THE LIGHT COVERS, SIGN BASE POLES SIDEWALK AND BUILDING WHERE PEELING OR RUSTING. FAILURE TO COMPLY RESULTS IN A FINE OF $100 A DAY PER ASSESSED. YOU HAVE TO SPEAK WITH THE BUILDING DEPARTMENT FOR PERMIT REQUIREMENTS. I HAVE PHOTOS TO
SUBMIT. >> ARE YOUR PHOTOS DATE AND
>> DO THEY ACCURATELY DEPICT THE VIOLATIONS THAT YOU WITNESSED ON THE STATES THAT THEY ARE MARKED?
>> YES. AND, MADAM CLERK, WHERE THE PHOTOGRAPHS FORWARDED TO THE REPRESENTATIVE OF THE RESPONDENT?
>> YES, MA'AM. >> THANK YOU. I HAVE PHOTOGRAPHS DATED OCTOBER 25, JANUARY 23 AND FEBRUARY 20TH.
AND I'M SORRY, AT THE END OF THE -- THE LAST PIECE ATTACHED TO THE PHOTOGRAPHS IS A CERTIFICATE OR E-MAIL FORWARDING THEM FROM THE CLERK. I WOULD LIKE TO PLACE THESE INTO EVIDENCE AS RESPONDENTS -- CITY'S EXHIBIT ONE, COMPOSITE.
>> ANY OBJECTION TO THESE BEING ENTERED?
>> ANY OBJECTION, MR. FUCILLO?
>> DO YOU OBJECT TO THE AUTHENTICITY OF THE PHOTOGRAPHS OR MY PLACEMET OF THE PHOTOGRAPHS INTO EVIDENCE IN
>> THANK YOU. >> OKAY. THANK YOU. THEN THE PHOTOGRAPHS WILL BE ENTERED AS CITY'S COMPOSITE 1.
>> DO YOU HAVE ANY FURTHER TESTIMONY? THANK YOU.
>> MR. FUCILLO, WOULD YOU LIKE TO TESTIFY?
>> I DIDN'T WANT TO TESTIFY. I JUST WANTED TO MAKE A QUICK ARGUMENT THAT THE CLIENT INDICATED THAT THEY HAVE RETAINED SOMEBODY TO DO THE WORK AND JUST WANTED THE 30
>> ALL RIGHT. BASED ON THAT REPRESENTATION, THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THE VIOLATIONS EXIST AND ORDER THAT THE VIOLATOR BE GIVEN 30 DAYS TO CORRECT THE VIOLATIONS AS ITEMIZED IN THE CITY'S RECOMMENDATION. FAILURE TO COMPLY WOULD RESULT IN A FINE OF $100 A DAY BEING ASSESSED. THANK YOU.
>> I FIND THAT THE VIOLATIONS EXIST AND THE VIOLATOR HAS 30 DAYS TO DO THE FOLLOWING, REPLACE THE MISSING METAL PIECE ON THE EAST SIDE OF THE AWNING, REPAIR OR REPLACE ALL ROTTING WOOD, REPAIR OR REPLACE THE DOOR FACING WEST NEXT TO THE GARAGE DOOR. REPLACE THE OPEN SIGN FRAMES WITH BLANK OR OPEC
[02:55:02]
SIGNS AND PAINT THE LIGHT POLES SIDEWALK AND BUILDING WHERE PEELING, FADING OR RUSTING. FAILURE TO COMPLY WILL RESULT IN A $100 A DAY BEING ASSESSED. THE BUILDING DEPARTMENT'S NUMBER (772)467-3000 FOR PERMITINFORMATION AND REQUIREMENTS. >> 30 DAYS TO APPEAL.
>> 0 DAYS TO APPEAL, YES. >> THANK YOU.
>> ALL RIGHT. WE WILL GO AHEAD AND JUMP TO THE NEXT CASE
[I. 23-2876 CE 1004 Seaway Drive 1004-1010 SEAWAY DREAM TEAM LLC Heather Debevec]
23-2876, 1004 SEA WAY DRIVE WITH 1004-1010 SEA WAY DREAMTEAM LLC. >> THIS IS CASE NUMBER 23-2876, 101004 OWNED BY 1010 SEA WAY DREAM TEAM LLC. NOVEMBER 3 OF LAST YEAR FOR PROTECTIVE TREATMENT. THE CITY REQUESTED SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE FOLLOWING BE ORDERED. 30 DAYS TO PAINT THE TRIM WHERE THE PAINT IS PEELING AWAY AND DISCOLORING. FAILURE TO COMPLY RESULTS IN $100 A DAY BEING ASSESSED. I HAVE PHOTOS TO SUBMIT. THE LAST ITEM ON THE PHOTOS IS THE E-MAIL SHOWING THAT HE DID RECEIVE ACKNOWLEDGEMENT OF RECEIPT OF THE PHOTOS.
>> THE CITY MOVES THE PHOTOS INTO EVIDENCE AS CITY'S COMPOSITE ONE. DID YOU TESTIFY THAT THEY ARE DATE AND TIME
STAMPED. >> THEY ARE DATE AND TIME
STAMPED. >> DO THEY DEPICT THE
VIOLATIONS THAT YOU OBSERVED? >> THEY DO.
>> THANK YOU. >> PHOTOGRAPHS -- I ASSUME
THERE IS NO OBJECTION TO THESE. >> NO OBJECTION.
>> OKAY. THEN THEY WILL BE ENTERED AS CITY'S COMPOSITE
ONE. THANK YOU. >> ANYTHING FURTHER?
>> WOULD YOU LIKE TO ADDRESS THE COURT OR TESTIFY.
>> AGAIN, JUST TO MAKE THE AGREEMENT AS I DID BEFORE, I UNDERSTAND SOMEBODY -- THE CLIENT RETAINED SOMEBODY TO DO THE CORRECTIVE WORK. WE ASK THAT WE GET 30 DAYS TO DO SO.
>> THANK YOU. I FIND THAT THE VIOLATION EXISTS AND THE VIOLATOR BE GIVEN 30 DAYS TO PAINT THE TRIM WHERE THE PAINT IS PEELING AWAY AND DISCOLORING. FAILURE TO COMPLY $100 A DAY ASSESSED. THERE IS A 30-DAY RIGHT TO APPEAL.
>> THANK YOU. >> MAY I BE EXCUSED.
[A. 23-3125 CE 3014-3018 Orange Avenue Pagona E Panagiote Charmaine Kirkland]
>> YES, THANK YOU. , ALL RIGHT. 5 A, CASE 23-3125, 3014-3018 ORANGE AVENUE, PAY GONNA EPANAGIOTE.
>> GOOD AFTERNOON. CASE NUMBER 2-3125, CASE INITIATED DECEMBER 15, 2023. OWNER PAY GONNA E -- VIOLATION SECTION 24-19, 24-20, 24-21 SUBSECTION 10 D NUISANCE AS IN OBJECT NOT OPERATIVE SELECTION. VEHICLES.
DAYS TO REMOVE THE TRAILER AND ANY OTHER NONOPERABLE VEHICLES.
FAILURE TO COMPLY RESULTS IN A FINE OF $100 A DAY BEING
ASSESSED. >> DO YOU HAVE PHOTOGRAPHS TO
PLACE INTO EVIDENCE? >> YES, I DO.
>> ARE THEY DATE AND TIME STAMPED.
>> YES, THEY ARE. >> DO THEY ACCURATELY DEPICT THE VIOLATIONS ON THE DAYS THAT YOU OBSERVED THEM?
>> YES, MA'AM. >> PLACE THESE PHOTOGRAPHS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT 1.
>> PHOTOGRAPHS PRESENTED WILL BE ENTERED AS CITY'S COMPOSITE
EXHIBIT 1. OKAY. >> ANYTHING FURTHER?
[03:00:11]
>> NO, MA'AM. >> I FIND THAT THE VIOLATION OF SECTION 24-19, 24-20, 24-21 SUBJECTION 10 D NUISANCE AS AN OBJECT, NONOPERATING VEHICLES EXISTS AND THAT THE VIOLATOR BE GIVEN 10 DAYS TO REMOVE THE TRAILER AND ANY OTHER NONOPERATIVE VEHICLES. FAILURE TO COMPLY RESULTS IN A FINE OF $100 A DAY BEING ASSESSED. THERE IS A 30-DAY RIGHT TO
>> THANK YOU. >> OUR NEXT CASE IS 23-3086,
[D. 23-3086 CE 4513 S US Highway 1 ST LUCIE AUTOMOTIVE PROPERTIES LLC Heather Debevec]
4513 SOUTH U.S. HIGHWAY ONE ST. LUCIE AUTOMOTIVE PROPERTIESLLC. >> CASE NUMBER 23-3086 FOR 4513 SOUTH U.S. HIGHWAY ONE ST. LUCIE AUTOMOTIVE PROPERTIES.
CASE INITIATED DECEMBER 15 OF LAST YEAR, SECTION 24-19, 4-20, 24-21, NUISANCE AS AN OBJECT OUTSIDE STORAGE. 2419, 2420, SUBJECTION 11 OUTSIDE STORAGE FURNITURE. SECTION 123 INAUDIBLE ] LANDSCAPE MAINTENANCE.
ROOFS AND DRAINAGE. THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIDS A VIOLATION EXIST THE FOLLOWING BE ORDERED.
VIOLATOR 10 DAYS TO TRIM THE BUSHES. FAILURE TO COMPLY $100 A DAY BEING ASSESSED. WHAT I WOULD LIKE TO REQUEST IS A REVIEW AND DETERMINATION AMONGST ALL OF THESE VIOLATIONS AS THE PROPERTY TO DATE IS COMPLIED. I HAVE PHOTOS IN
WHICH TO SUBMIT. >> ARE THE PHOTOS DATE AND TIME
>> DO THE PHOTOS DEPICT ACCURATELY WHAT YOU WITNESSED AT THE PROPERTY THAT WAS A VIOLATION.
>> YES. >> I WOULD LIKE TO PLACE THE PHOTOGRAPHS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE.
>> PHOTOGRAPHS WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1.
AM I TO UNDERSTAND THAT SOME OF THESE HAVE BEEN COMPLIED WITH.
>> TO DATE ALL OF THEM HAVE BEEN COMPLIED. I WOULD LIKE TO REQUEST A REVIEW AND DETERMINATION AMONGST ALL THE
VIOLATIONS. >> OKAY. AND A REVIEW AND DETERMINATION OF ALL H 1, 2, 3, 4, 5 VIOLATIONS WILL BE MADE.
IS THE TRIM, THE BUSHES -- IS THAT ONE OF THEM? THAT'S INCLUDED? OKAY. FAILURE TO COMPLY, IF THEY ARE NOT IN COMPLIANCE WHEN YOU REVIEW THEM A FINE OF $100 A DAY.
>> I BELIEVE THEY ARE IN -- THE PROPERTY IS CURRENTLY IN COMPLIANCE. WE ARE ASKING FOR A FINDING OF A VIOLATION,
CORRECT? >> THE ENTIRE PROPERTY IS IN COMPLIANCE TO DATE. IT'S A REQUEST FOR REVIEW AND DETERMINATION ON ALL THE VIOLATIONS.
>> THE VIOLATIONS EXIST OR EXISTED AND YOU ARE ASKING FOR A REVIEW AND DETERMINATION THAT THEY ARE IN FACT --
>> YES. >> AS SUCH. OKAY. AND IF THEY ARE NOT A FAILURE TO COMPLY WILL RESULTED IN THE FINE OF
$100 A DAY. >> PROPERTY HAS COMPLIED YOUR
HONOR. >> THERE IS NOTHING TO --
>> REVIEW AND DETERMINATION IS WHAT I'M ASKING ON ALL THE
VIOLATIONS. >> VIOLATIONS EXISTED BUT AS OF
TODAY THEY ARE IN COMPLIANCE. >> I APOLOGIZE. THE RECOMMENDATION IS CONFUSING. SO, WE WILL WORK ON THAT.
>> OKAY. >> WE APOLOGIZE FOR THAT.
>> IS THERE ANYTHING FOR ME TO DO.
>> WE ARE JUST ASKING FOR A FINDING THAT THE VIOLATIONS
SPELLED UP EXISTED. >> EXISTED.
>> THE PROPERTY IS NOW IN COMPLIANCE.
>> VIOLATIONS FOUND. OKAY. THANK YOU.
>> AND 30 DAYS TO APPEAL. >> THANK YOU.
[F. 23-2813 CE 217 Avenue A BEACH BOWLS FORT PIERCE LLC Heather Debevec]
>> SORRY FOR THE CONFUSION. >> NEXT CASE IS 23-2813, 217 AVENUE A BEACH BOWLS FORT PIERCE LLC.
>> THAT WILL BE 5 F, I APOLOGIZE.
[03:05:03]
>> THIS IS CASE NUMBER 23-2813, 217 OF A THANK YOU A, BEACH BOWLS FORT PIERCE LLC. CASE INITIATED NOVEMBER 21ST OF LAST YEAR SECTION 22-302 SIDEWALK CAFE PERMIT REQUIRED. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR HAVE 30 DAYS TO GET A PERMIT. FAILURE TO COMPLY $150 PER DAY BEING ASSESSED. I DO HAVE PHOTOS DATE AND TIME STAMPED AND THEY DO DEPICT WHAT I HAVE SEEN WHEN I WENT OUT THERE. THE LAST ITEM IN THAT STACK SHOULD BE FROM PLANNING AND ZONING WHERE THEY HAVE NOT APPLIED OR HAD
ANYTHING AS OF RECENT. >> ALL RIGHT. NO PERMIT APPLIED
FOR? >> PLACE THESE PHOTOGRAPHS IN TO EVIDENCE ALONG WITH THE E-MAIL AS CITY'S COMPOSITE
EXHIBIT 1. >> PICTURES SUBMITTED WILL BE ENTERED INTO EVIDENCE AS CITY'S COMPOSITE ONE.
>> I FIND THAT THE VIOLATION EXISTS AND THAT THE VIOLATOR BE GIVEN 20 DAYS TO OBTAIN A SIDEWALK CAFE PERMIT. FAILURE TO COMPLY WILL RESULT IN A FINE OF $150 A DAY AND THEY HAVE 30
DAYS TO APPEAL. >> ARE WE CHANGING IT FROM 30
TO 20? I APOLOGIZE. >> 30 DAYS TO COMPLY?
>> YES, YOU HAD MENTIONED 20 DAYS.
>> SORRY. >> ARE WE CHANGING IT.
>> I MEANT TO SAY 30. >> OKAY.
>> 30 DAYS TO OBTAIN IT AND 30 DAYS TO APPEAL.
[G. 23-3035 CE 3110 S US Highway 1 ARMENTO FAMILY LLC Heather Debevec]
>> THE LAST CASE TODAY WILL BE CASE 5G, 23-3035, 3110 SOUTH U.S. HIGHWAY 1 ARE MEN TO FAMILY LLC -- ARMENTO FAMILY
LLC. >> THIS IS CASE NUMBER 23-3035, 3110 SOUTH U.S. HIGHWAY 1. THE CASE INITIATED NOVEMBER 30 OF LAST YEAR. IT WAS FOR IBMC 3.3 ADDRESS IDENTIFICATION. SECTION 2419 MAINTENANCE ON NUISANCE OF PROPERTY PROHIBITED, NUISANCE AS AN OBJECT.
MAINTENANCE, CITY REQUESTED THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THE FOLLOWING BE ORDERED. 30 DAYS TO PLACE ADDRESS NUMBERS TO COMPLY WITH CODE, OBTAIN A PERMIT AND REQUIRE PERMIT CONDITIONS TO REPAIR THE POTHOLE. REMOVE LOSE ITEMS AROUND THE PROPERTY. REPLACE DEAD BUSHES WITH LIVE ONES.
$250 A DAY FINE BEING ASSESSED AND I HAVE PHOTOS TO SUBMIT.
>> ARE THE PHOTOS DATE AND TIME STAMPED.
>> YES, MA'AM. >> DO THEY ACCURATELY DEPICT THE VIOLATIONS THAT YOU WITNESSED ON THE DATES --
>> YES, MA'AM. >> I MOVE THE PHOTOS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT 1.
>> THE PHOTOS WILL BE PRESENTED INTO EVIDENCE AS CITY'S
COMPOSITE ONE. >> ANYTHING FURTHER.
>> ? >> WHERE DID IT PICTURES GO? OKAY. ALL RIGHT. I FIND THAT THE VIOLATIONS EXIST AND THAT THE VIE 0 LA TORE BE ORDERED TO BE GIVEN 30 DAYS TO COMPLY BY PLACING ADDRESS NUMBERS TO COMPLY WITH THE CODE OBTAINING THE PERMIT AND COMPLYING WITH ALL PERMIT CONDITIONS TO REPAIR THE POTHOLE, REMOVE LOOSE ITEMS FROM AROUND THE PROPERTY, REPLACE DEAD BUSHES WITH LIVE ONES. FAILURE TO COMPLY WILL RESULT IN A FINE OF $250 A DAY BEING ASSESSED. THEY HAVE THE RIGHT TO APPEAL, WITHIN 30 DAYS.
>> THANK YOU. >> OKAY. FORECASTS REQUIRING A
[03:10:01]
HEARING PER STATE STATUE 162.12 A NOTICE OF HEARING WAS SENT TO THE VIOLATORS. IF THE GREEN CARD IS RETURNED SIGNED IT'S PLACED IN THE FILE. IF THE GREEN CARD IS UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF MAILING IS SENT TO A VIOLATOR U.S. REGULAR MAIL. 10 DAYS PRIOR TO THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL. 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 MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FORECASTS NOT MANDATED BY STATE STATUE, MAILING OF THE NOTICE OF HEARING IS IN THE SAME MANNER PRIOR. IF THE GREEN CARD IS UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN>> THIS
* This transcript was compiled from uncorrected Closed Captioning.