Jun 06, 2024 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:13]

>> A SPECIAL MAGISTRATE HEARING OF JUNE 6, 2024, IS NOW CALLD 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 UNDER GOD INDIVISIBLE WITH

LIBERTY AND JUSTICE FOR ALL. >> IF YOU COULD PLEASE REMAIN

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

>> YES >> THANK YOU. OUR FIRST CASE

[A. 24-732 CE 5675 S US Highway 1 Lon Dowling, Best Friends BBQ LLC Charmaine Kirkland]

RIGHT HERE. MAKE SURE YOU SPEAK INTO THE MICROPHONE.

>> GOOD MORNING, YOUR HONOR. 24-732 IS A CITATION DISPUTE OCCURRED AT 5675 SOUTH U.S. HIGHWAY 1 . BEST FRIENDS BARBECUE LLC . CASE ISSUED MARCH 29, 2024. CITATION NUMBER 938 CE CODE SECTION 36- 411 STORMWATER DISCHARGE PROHIBITED WITH THE FINAL $250 AND AN ADMIN FEE OF $10 PER TOTAL DUE IS $260. THE CITY REQUEST THAT THE VIOLATED BE ASSESSED AND THE TOTAL DUE AS INDICATED TO PAY SUCH A FINE WILL RESULT IN A CITATION BEING FORWARD TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS TO DEPICT THE TIMES AND DATE OF THE VIOLATION AS IT OCCURRED IN THE CITATION DISPUTE.

>> CAN YOU PLEASE EXPLAIN IN YOUR OWN WORDS WHAT THE

VIOLATION IS? >> IT IS STORMWATER DISCHARGE .

>> WHAT IS THE VIOLATOR ACCUSED OF DOING?

>> I AM SORRY? >> WHAT IS THE ACCUSED OF

DOING? >> DISCHARING FLUIDS INSIDE

THE STORM WATER DRAIN. >> YOU HAVE HANDED -- WE HAVE PHOTOGRAPHS, A TICKET , ANOTHER TICKET AND ILLICIT DISCHARGE FIELD REPORT. WHAT IS BEING DISCHARGE INTO THE DRAIN,

PLEASE? >> OIL -- COOKING OIL FROM HIS

BARBECUE STAND. >> CITY COMPOSITE EXHIBIT A, WE HAVE PHOTOGRAPHS, A COPY OF THE TICKET, A COPY OF THE ILLICIT DISCHARGE FIELD REPORT SIGNED BY CHARMAINE KIRKLAND AND A COPY OF THE DISPUTE COMPLETED -- DISPUTE FORM COMPLETED BY MR. DOWLING . WE MOVE THESE INTO EVIDENCE A CITY COMPOSITE

EXHIBIT 1. >> PHOTOS AND DOCUMENTS PRESENTED WILL BE ENTERED AS THE CITY'S COMPOSITE EXHIBIT

ONE. >> STAY ON THAT PHOTOGRAPH, PLEASE. THANK YOU. MS. KIRKLAND, WAS THERE AN OLDER

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NEAR THE DISCHARGE AREA? >> YES

>> WHAT DID IT SMELL LIKE? >> AND SMELLED LIKE OLD GREASE BUILDUP . THAT IS PRETTY MUCH WHAT I LOOK LIKE AND SMELLED

LIKE. >> WHAT IS THIS PHOTOGRAPH DEPICTING? IT IS DATED MARCH 29 AT 3:02 .

>> THIS PHOTO IS THE STORM DRAIN WHICH IS LOCATED BEHIND HIS BARBECUE STAND. YOU CAN SEE ON THE SIDE WHERE THE MARKET IS , YOU CAN TELL BUT IT IS OLD GREASE THERE THAT HAS BEEN SITTING THERE FOR QUITE SOME TIME.

>> WHAT IS THE DEBRIS ON THE GREAT ITSELF ? WHAT DID YOU

THINK THAT WAS? >> IT COULD BE GREASE AND THEN

FOOD PRODUCTS. >> YOU ARE NOT CERTAIN OF THAT?

DO YOU HAVE ANYTHING TO ADD ? >> NO, MA'AM

>> THE CITY CALLS ISAAC . DID I SAY THAT CORRECTLY?

>> YOU DID IT. GOOD MORNING. >> WERE YOU PRESENT DURING -- DID YOU GO TO THE PROPERTY AT THE TIME THE CITATION WAS

ISSUED? >> YES, I DID. I RODE WITH

CHARMAINE OUT THERE. >> WILL YOU SAY WHAT YOU SAW AND SMELLED IN THE GREAT AREA?

>> AS CHARMAINE EXPLAINED, OLD GREASE STAINS. THERE IS A PRETTY STRONG FOUL SMELL. I CANNOT BE CERTAIN ON WHAT YOU SEE ON THE ACTUAL, WHETHER IT IS FOOD -- I WOULD LIKE TO THINK IT IS FOOD JUST BECAUSE OF THE WAY IT LOOKS THERE IS DEFINITELY A STRONG FOUL SMELL THAT CAME FROM THERE. IT LOOKED LIKE IT HAD BEEN SITTING THERE FOR A WHILE. THAT IS PRETTY

MUCH IT. >> DID YOU HAVE A CONVERSATION

WITH ANYONE? >> WITH THE GENTLEMAN PRETTY BRIEFLY. CHARMAINE WENT AHEAD AND TOOK CARE OF THE CITATION I ENDED UP SPEAKING TO HIM IN REGARDS TO NON-OPERABLE VEHICLE THAT HE HAD AT THE TIME. THE VEHICLE WAS NOT REGISTERED. SHE KIND OF TOOK CARE OF THE ACTUAL CITATION AND SPEAKING TO HIM IN REGARDS TO THE ILLEGAL OR ILLICIT DISCHARGE.

>> WERE YOU PRESENT FOR THAT DISCUSSION?

>> I WAS TAKING PHOTOS. I AM NOT EXACTLY SURE WHAT THEY SPOKE ABOUT. I WAS AROUND TAKING PHOTOS AND CHECKING FOR

OTHER VIOLATIONS . >> DID HE DENY THAT HE HAD BEEN DISCHARGING INTO THE DRAIN IN YOUR PRESENCE? HE DID DENY IT? OKAY, ALL RIGHT. NOTHING FURTHER . CHARMAINE, DO YOU HAVE ANYTHING ELSE TO ADD BASED ON WHAT ISAAC HAS SAID THAT? CALL VENETIA . I'M SORRY, I NEED TO SEE THE EXHIBIT TO CALL

THE WITNESS. >> OKAY. THE CITY CALLS VENETIA

BARNES. >> THANK YOU FOR SAYING IT

CORRECTLY. >> DO YOU HAVE TESTIMONY YOU

WOULD LIKE TO PROVIDE TODAY? >> YES, I DO. THE SITE WAS FIRST RESPONDED AND NOTIFIED TO ME UNDER STORMWATER ENGINEER FOR THE CITY BY ST. LUCIE COUNTY FOR THE PROGRAM DIRECTOR PHONED ME TO LET ME KNOW THAT HE WAS CONTACTED BY A CONTRACTOR THAT IS WORKING ON THE ROAD ABUTTING THE SHELL GAS STATION AND THE CONTRACTOR IS THE ONE THAT REPORTED THE ILLICIT DISCHARGE BECAUSE OF THE OWNERS AND THE SMELL. AND THE PDS DIRECTOR AT ST. LUCIE COUNTY WENT OUT TO PICTURES AND I WENT TO GET THE PICTURES IN MY PICTURES FOR EVIDENCE. HE WENT BACK TO THE OFFICE I NOTICED THAT THE PARCEL WAS IN THE CITY. HE HAD TO TURN IT OVER TO OUR JURISDICTION, ALTHOUGH IT IS A COUNTY PROJECT THAT HAPPENED. I NOTIFIED THE COURT AND SEND HER THE PICTURES THAT HE SENT ME AND DID AN EXPANSION ON THAT SITE BUT THE COURT OFFICER WAS PRESENT WITH ME AT THE TIME. WE WALKED AROUND, IT IS ACTUALLY A RETENTION AREA THE STORM DRAIN IS IN ODOR SMELLED LIKE MEAT,

[00:10:02]

AND SENT HER THE INFORMATION TO TURN IT OVER TO HER. WE PORTED THE PICTURES AND EVERYTHING. SHE AND ANOTHER PROGRAM COORDINATOR RESPONDED THAT THEY WERE GOING TO INVESTIGATE IT.

>> CAN YOU PASS THE PICTURES UP? WOULD YOU LIKE TO SEE THE PHOTOGRAPHS? SHARE THEM WITH THE RESPONDENT, PLEASE.

>> ARE THE SAME ONES HERE? >> NO, THEY ARE DIFFERENT.

>> THE CITY KNOWS THESE PHOTOGRAPHS INTO EVIDENCE AS TO THE COMPOSITE 2. FOR THE RECORD , THERE IS FIVE PHOTOGRAPHS.

>> FIVE PHOTOGRAPHS WILL BE ENTERED AS TO THE'S COMPOSITE

TWO. >> MS. BARNES, DO YOU HAVE ANY EXPERIENCE IN DETERMINING WHETHER THERE HAS BEEN A

DISCHARGE SUCH AS THIS? >> YES.

>> JUST GIVE ME YOUR BACKGROUND ON THAT.

>> BACKGROUND AS TO -- >> AS TO YOUR EXPERIENCE IDENTIFYING DISCHARGE INTO THE DRAINS.

>> AS A PART OF MY JOB AS A STORMWATER ENGINEER, WE DEAL WITH A LOT OF DISCHARGES , THAT CONSISTENCY, THE ODOR AND THE SMELL , WHERE IT IS LOCATED, WHAT IS AROUND THE AREA . WE ARE TRAINED TO IDENTIFY POTENTIALS OF WHAT DIFFERENT TYPES OF DISCHARGES COULD BE INTO THE STORM DRAIN SYSTEM.

>> HOW LONG HAVE YOU BEEN DOING THAT?

>> FIVE YEARS. >> IN YOUR OPINION, WAS THE ILLICIT DISCHARGE INTO THE DRAIN?

>> ABSOLUTELY. WHEN YOU WALK IN THE RETENTION AREA , IT HOLDS WATER BUT IT WAS VERY MUSHY. IT IS ALSO, THERE WAS A LOT OF FLIES . WHEN YOU INTO CERTAIN AREAS, THE SMELL, THE ODOR WAS NOT OF WATER , SPECIFICALLY WATERFORD IT WAS A MIXTURE OF FAT, GREASE AND SOLIDS. WAS IT YOUR PRAYER -- IMPRESSION THAT IT WOULD BE GOING ON FOR SOME PERIOD OF TIME?

>> WITH THE STAINING THAT IS AROUND THE STRUCTURE, WITH THE STAINING INSIDE OF THE STRUCTURE, IT IS HARD TO TELL , AND LESS YOU POP THE TOP. IT A VISUAL INSPECTION, YOU CAN SEE THE AREA HAS BEEN DISTURBED. YOU CAN SEE THERE IS OF BLACK GLOVE, AS OF RIGHT NOW, ON THE PICTURE THAT SHOULD NOT BE IN THE RETENTION AREA. ADDITIONALLY, IT IS SLOPED. YOU HAD TO WALK IN THERE AND DISCARD. IT IS NOT AS IF IT WAS

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THERE. >> WHAT PHOTOGRAPH ARE YOU

SHOWING NOW? >> THIS IS IN THE FIRST

GROUPING . >> BUT IS COMPOSITE EXHIBIT ONE. OKAY. I DON'T HAVE ANYTHING FURTHER FOR THIS WITNESS. DO YOU HAVE ANYTHING LIKE TO ADD MS. KIRKLAND? DO YOU HAVE ANY QUESTIONS FOR THIS WITNESS BEFORE SHE SITS AND ALREADY WENT AWAY FOR HIS PRESENTATION? IF YOU WOULD JUST HAVE A SEAT IN THE FRONT ROW AND THEN YOU CAN RETURN IF NEEDED. HE DOES HAVE A RIGHT TO TALK. SIR. I'M SORRY, WHAT IS

YOUR NAME? >> MY NAME IS ALAN. I AM THE OWNER OF BEST FRIENDS BARBECUE. ON THE DATE OF APPEARANCE WHEN THE STATE CONTACTED ME, I WAS OUT ON VACATION. THE SECOND DAY I WAS BACK IS WHEN I RAN INTO THESE PEOPLE WILL . I DO NOT HAVE A GREASE TRAP OR A GREASE CAN BECAUSE I DO NOT BUY ANYTHING IN THAT TRAILER. MY MEAT IS COOKED OUT ON MY GRILL, WHERE MY GRILLS ARE CLEANED EVERY TWO WEEKS. I HAVE NO REASON TO DUMP ANY KIND OF GREASE WHATSOEVER. I HAVE BEEN IN BUSINESS ALMOST 10 YEARS. MY PLACE WAS ON HUDSON ISLAND AND BEEN OUT THERE OVER EIGHT YEARS. THIS SPOT, I HAVE BEEN THERE FOR A TOTAL OF NINE MONTH. IN THE DAY OF QUESTION, LIKE I SAID, I WAS TWO DAYS BACK FROM A TWO WEEK VACATION.

DURING THAT PERIOD THERE WAS A LOT OF RAIN STORMS. THERE HAS BEEN CONSTRUCTION CREWS OUT THERE FOR THE LAST THREE MONTHS. THE DAY IN QUESTION THAT WAS TWO CONSTRUCTION CREWS BETWEEN AUDREY STREET AND U.S. 1, WHICH IS WHERE IS IT. I CANNOT CONTROL ANYTHING , WHETHER SOMEONE DECIDES THEY DON'T WANT TO PUT THEIR FOOD IN THE GARBAGE OR WHATEVER. I CANNOT WATCH EVERYBODY . I DID LET THEM KNOW THAT I WAS NOT THERE FOR THE LAST TWO WEEKS. THAT RETAINER WHERE IT FALLS IN HAS BEEN DUG IN A COUPLE DIFFERENT TIMES. THE GRASS OVERFLOWS AND THE PLACE GETS FLOODED. I HAVE SEEN PEOPLE, SEEN PEOPLE CHANGING THEIR OIL AND THE CAR BROKE DOWN AND THEY PORTED IN THERE. I TOLD HIM YOU CANNOT POUR IT IN THERE. ALL I CAN SAY, IT IS NOT US. WE HAVE NOT BEEN IN BUSINESS FOR 10 YEARS TO TURN AROUND AND SAY WERE GOING TO COME TO PORT ST.

LUCIE AND START DUMPING GREASE IN A STORM DRAIN. NO WAY

WHATSOEVER. WE DON'T DO IT. >> HOW LONG HAVE YOU BEEN AT

THAT LOCATION? >> MY MONTHS.

>> THE SAME LOCATION FOR NINE MONTHS?

>> YES, MA'AM. I HAVE BEEN ON HUTCHINSON ISLAND FOR NINE

YEARS. >> YOU STILL HAVE YOUR LOCATION

IN HUTCHINSON ISLAND? >> NO, MA'AM. I'M GOING BACK THERE IN JANUARY. I JUST BOUGHT A PIECE OF PROPERTY TO GO BACK THERE. LIKE I SAID, THERE IS CONSTRUCTION CREWS THAT ARE THERE AND PEOPLE THAT BUY FROM YOU. I HAVE SEEN CARS THERE IS A GAS STATION. PEOPLE DO WHATEVER THEY HAVE TO DO TO GET BACK ON THE ROAD. I'VE SEEN A CAR BREAKDOWN SEVERAL TIMES. I PULLED UP THERE ONE SATURDAY WHEN IT WAS NOT WORKING AND WE WERE NOT OPEN HEARD THERE'S PEOPLE CHANGING THEIR OIL ON THE OTHER SIDE SAYING THEY HAVE TO GET THE CAR STARTED IF I THOUGHT I HAD TO COME TO THAT, THAT IS SOMETHING WE DO NOT DO.

I DO NOT HAVE A GREASE TRAP. I DON'T HAVE ANYTHING THAT I HAVE TO POUR GREASE INTO AT ALL. I DON'T EVEN HAVE AN AIR

FIRE IN THEIR. >> BECKY, CAN YOU GO TO THE SLIDE THAT HAS A PHOTOGRAPH OF THE MENU? OKAY.

>> YOU WANT ME TO TELL YOU WHAT IS ON THE MENU?

>> YES, PLEASE. TELL ME WHAT NEW PRODUCTS YOU SOLD AT THE

TIME OF THE VIOLATION. >> WE SELL BARBECUE RIBS, CHICKEN, PULLED PORK BRISKET , MACARONI AND CHEESE, THE WHOLE NINE YARDS. WE DON'T EVEN FRY ANYTHING OR HAVE FRIED CHICKEN

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NO, WAY. >> WHAT OF THE ITEMS ON YOUR

MENU IS BRISKET? >> YES, MA'AM. THE WHOLE NINE

YARDS. >> WHEN YOU COOK BRISKET , DOES GREASE COME OFF OF THE BRISKET?

>> INSIDE THE SMOKER UNDERNEATH THE BIG PAN . IT IS A 16 HOUR

SMOKE. >> ALL OF THE GREASE , THERE IS GREASE PRODUCED BY THE FOOD THAT YOU COOK ? IS THAT

CORRECT? >> MY SMOKER FROM THE BRISKET

IS NOT THERE ON SITE. >> WHAT MEAT PRODUCTS ARE YOU

COOKING ON SITE ? >> RIBS , THE PULLED PORK ON THE GRILL AND CHICKEN IS ON THE GRILL.

>> IS IT YOUR TESTIMONY THAT SOME OF THOSE PRODUCE GREASE?

>> EVERYONE KNOWS THAT PORK PRODUCES GREASE. ANY MEAT PRODUCES GREASE BUT IT GOES IN THE BOTTOM OF THE SMOKER, WHERE WE PULLED OUT STUFF LIKE THAT AND THAT IS RETAINED IN A WHOLE LOT OF GREASE THAT WILL DEFINITELY GO INTO A GARBAGE CAN AND STUFF LIKE THAT BECAUSE WE CLEAN THE PITS OUT EVERY TWO WEEKS. WE DROPPED THEM DOWN AND GO INTO A GARBAGE CAN BECAUSE YOU SHOVEL IT OUT IT BECOMES A CLUB. YOU PUT IT IN A BAG AND IT GOES INTO THE GARBAGE CAN. YOU ARE USING THE SMOKER 5 TO 6 DAYS A WEEK. THERE IS BUILDUP. THAT BUILDUP HAS TO BE CLEANED OUT UNDERNEATH THE SMOKERS. IT FORM, IT COMES OUT IN A CALM BUT IT BUILDS UP. YOU CAN TAKE IT AND SCOOP IT AND PUT IT IN A SHOVEL AND A BAG AND YOU ARE GOOD TO GO. THERE IS NO REASON FOR THEM TO SAY I'M POURING THE GREASE DOWN THERE. I HAVE NOT BEEN IN BUSINESS FOR 10 YEARS OR SOMETHING LIKE THAT. I

DON'T DO THAT. >> I DON'T HAVE ANY OTHER QUESTIONS FOR THIS WITNESS. DO YOU HAVE ANY QUESTIONS FOR ANY

OF THE WITNESSES >> HAS HE EVER BEEN CITED

BEFORE? >> HE WAS OPERATING IN THE COUNTY , WHICH WE WOULD NOT KNOW UNLESS WE HAD DONE SOME

INVESTIGATION AND >> WE DON'T HAVE THAT INFORMATION . MS. BARNES, HAS INDICATED THAT SHE HAS MORE

PHOTOS IF YOU NEED MORE. >> MS. BARNES, DID YOU TAKE

ADDITIONAL PHOTOGRAPHS? >> YES, I DID TAKE ADDITIONAL PHOTOGRAPHS.

MIC FOR THE RECORD. THANK YOU.

>> I DO HAVE ADDITIONAL PHOTOGRAPHS THAT SHOW UNDER THE PIT IT SELF, THE STAINING ON THE CONCRETE. WHICH IS NOT JUST -- IT IS CONCRETE STAINED WITH OILS, FATS AND SOBER THERE IS SOME TYPE OF DISCHARGE HAPPENING ON THE CONCRETE ITSELF. THE TESTIMONY IS THAT THEY GRILL MEETS WITH FATS, OILS AND GREASE -- IT IS BYPRODUCTS OF MEAT . IT IS BYPRODUCTS OF DIFFERENT THINGS YOU ARE DOING ON SITE IT COULD BE THE TRANSPORTATION MODE THAT THEY HAVE THERE. THERE IS STAINING , NOTICEABLE STAYING ON-SITE UNDERNEATH THE GRILL ITSELF. AND THERE IS ALSO STAINING AROUND DIFFERENT PORTIONS OF THE AREA. AGAIN, IN OUR NOTIFICATION BY THE COUNTY AND THE NPDES DIRECTOR , WHO ALSO WENT OUT TO THE SITE AND COMMENTED ON THE ODOR , COMMENTED ON THE SITE ITSELF THAT THERE IS DISCHARGE HAPPENING. AGAIN, IT WAS TURNED IN BY ONE OF THE CONTRACTORS THAT IS THERE ON THE SITE.

ACTIVELY WORKING IN THE RIGHT-OF-WAY , THE ST. LUCIE

COUNTY RIGHT AWAY. >> ANY OTHER QUESTIONS FOR MS.

BARNES? >> TO YOUR KNOWLEDGE ARE THERE ANY OTHER OPERATORS OF SIMILAR -- IN OTHER WORDS --

>> IN THE AREA? >> WHEN HE WAS NOT WORKING THERE, IS THERE SOMEWHERE ELSE?

>> ACCORDING TO THE TESTIMONY OF THE SHELL GAS STATION, NO,

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THERE IS NOT. >> THERE WERE TWO OTHER BARBECUE PLACES THERE BEFORE I WAS THERE. ONE STATE, I THINK THE OWNER TOLD ME HE STAYED FOR A MONTH AND THE OTHER ONE WOULD PERIODICALLY COME AND GO AND THEY CONSISTENTLY STAYED THERE ARE ENOUGH THAT THERE WAS TWO DIFFERENT OR I CAME. THE ONE PICTURE WHICH YOU CANNOT SEE, THE BIGGER SMOKER BECAUSE WE HAVE A PLATE UNDER IT. ANY TIME THAT YOU BARBECUE OR ANYTHING , IT IS GOING TO PRODUCE SOME TYPE OF GREASE. UNDERNEATH THERE, THERE IS A BUILDUP BUT THERE IS A PLATE THAT CATCHES THE BUILDUP. EVENTUALLY, IT DOES BUILDUP AND IT GETS CLEANED OUT EVERY TWO WEEKS. IF YOU DON'T GET THEM CLEANED OUT, THEY WILL SMELL IN YOUR MEAT WON'T COME OUT PERFECT.

THAT IS JUST THE WAY IT IS. >> WHERE DOES THAT GO?

>> YOU CAN SKIP THAT AFTER BEING THERE FOR A WEEK OR SOMETHING LIKE THAT. IT IS JUST LIKE THE ASHES AND STUFF BUT YOU SCOOP THAT AND PUT IT IN A BAG AND GET RID OF THAT. THAT IS NOT RUNNING GREASE THAT RUNS INTO ANYTHING. I'M NOT GOING TO SAY THEY'RE NOT GOING TO BE SPOTS FROM THE GRILL INSIDE THE TRAILER. IF YOU'RE RUNNING IN THERE WITH RIBS AND STUFF LIKE THAT, EVENTUALLY, YOU'RE GOING TO GET SOME DROPPINGS. THAT IS JUST THE WAY THAT IT IS. AS FAR AS RETAINING THE GREASE AND STUFF LIKE THAT, THERE IS NO OLDER SMELL. I KNOW THAT FOR A FACT. IF YOUR CUSTOMERS WALK UP THERE AND THEY SMELL SOMETHING, I DON'T THINK YOU WOULD BUY ANYTHING FROM THERE. NOBODY WOULD. I HAVE BEEN AROUND HERE TOO LONG FOR THAT. NEVER BEEN CITED FOR ANYTHING . YOU CAN TAKE YOUR TIME AND PULL IT UP.

IT IS NOT GOING TO HAPPEN. >> IT WAS YOUR TESTIMONY MS.

BARNES, THAT THERE WAS AN AREA? >> IN THE RETENTION AREA. WHICH

IS THE GREAT AREA? >> BEHIND THE TRAILER.

>> WALKING WITHIN THE RETENTION AREA . AS I DID, ST. LUCIE COUNTY PERSON DID AND THE COAT OFFICER I WAS WITH AT THE TIME

ALSO DID. >> THE WITNESS HAS TESTIFIED THAT HE HAS SEEN PEOPLE DUMPING MOTOR OIL DOWN THAT GREAT. WAS THE SMELL OF MOTOR OIL OR RE-ABLE TO IDENTIFY IT AS

GREASE OR MEAT? >> IT DID NOT SMELL LIKE MOTOR OIL. IT WAS A STALE SMELL. MOTOR OIL DOES NOT HAVE -- WOULD NOT HAVE SUCH A SMELL. THE SHEEN ON MOTOR OIL IS DIFFERENT THAN A GREASE , FOOD OR FATS. IT HAS A DIFFERENT SHEEN CONSISTENCY TO IT AS WELL.

>> THE SHEEN THAT YOU SAW ON THE GREAT WAS NOT MOTOR OIL?

>> IT WAS DRIED . AGAIN, THE SMELL HAD -- LIKE WHEN YOU COOK MEAT AND IT HAS BEEN TOO LONG OR SPOILED MEAT, YOU KNOW, IT HAS THAT SMELL WITH IT , ALONG WITH OTHER THINGS. IT IS HARD TO DISTINGUISH THAT IT IS MOTOR OIL VERSUS MEAT BUT THE ODOR WAS NOT A MOTOR OIL ONLY SMELL.

>> THE CITY HAS COMPLETED IT DOES NOT GO AHEAD.

>> ADDITIONALLY, TOO, THE PRESENCE OF FLIES. YOU WOULD NOT HAVE THE PRESENCE OF FLIES WHICH IS MOTOR OIL.

>> HOW WAS IT DETERMINED THAT THIS GENTLEMAN WAS THE ONE RESPONSIBLE? BECAUSE HE'S ONLY ONE THAT IS NEARBY?

>> THERE IS A PIT ON-SITE FOR THE STAINING ON THE CONCRETE.

IT IS NOT JUST A SPLASH . I WANT TO MAKE THAT CLEAR. THE STAINING UNDERNEATH THE PIT IS SIGNIFICANT. IT IS DARK. IT IS AN OIL-BASED OR FAT BASED THAT IS ON THE CONCRETE AND IN DIFFERENT AREAS. IT IS NOT DO SOMETHING ABOUT SPILT , IT IS A SEMITIC IN AMOUNT OF STAINING THAT IS AROUND THE AREA.

PRESENTLY, HE IS THE ONLY VENDOR ON-SITE. AGAIN, BY THE TESTIMONY OF THE MANAGER IN THE SHELL GAS STATION THAT I DID SPEAK WITH. HE HAS BEEN THERE FOR SOME TIME. HE DID ALLOW AND HE WAS NOT AWARE OF WHAT WAS GOING ON. THAT IS WHAT HE SPOKE TO ME ABOUT IN ADDITION TO THAT. THAT WAS THE ONLY VENDOR

[00:30:05]

THIS TIME. >> DID THE OWNER OF THE SHELL

STATION SEE HIM DUMPING ? >> THE MANAGER OUT OF THE SHELL GAS STATION , AGAIN, THAT HE WAS NOT AWARE OF ANYTHING GOING

ON. >> IF HE DID, HE HAD NEVER SAID ANYTHING TO ME AND HE WOULD NEVER SEE ME DO IT. THERE IS THREE OTHER EMPLOYEES THERE ALSO THAT WOULD TESTIFY.

>> I UNDERSTAND THE STAINING WHERE HE HAS THE GRILL. I AM FINDING IT DIFFICULT TO PIN HIM WITH POURING IT DOWN THE DRAIN , WHICH IS A DIFFERENT ISSUE. UNLESS YOU HAVE A WITNESS .

>> WE DO NOT HAVE A WITNESS HERE TODAY.

>> DID YOU SPEAK TO THE CONTRACTOR?

>> YES. >> CAN YOU TELL THE SPECIAL MAGISTRATE WITH THE CONTRACTOR OBSERVED .

>> THE CONTRACTOR OBSERVED THE SMELL , THE OWNERS AS HE IS LAYING THE LINES. HE DID NOT SAY -- HE NOTICED THAT THE BARBECUE PLACE IS IN OPERATION ON A DAILY BUSINESS BECAUSE HE HAD BEEN THERE FOR A WHILE BUT HE DID NOT WITNESS IT. HE DID SAY THAT DISCHARGING DOWN THE DRAIN IS HAPPENING BUT BECAUSE HE KNOWS THERE IS A DAILY OPERATION THAT IS HAPPENING THERE. HE HAD NOT SEEN AT THE TIME THAT HE WAS THERE.

>> DOES ANYONE HAVE ANYTHING ELSE TO ADD?

>> IF I WAS GETTING RID OF GREASE AND STUFF LIKE THAT, THERE IS A WAY SYSTEM THAT GOES THROUGH THE BUILDING THAT YOU CAN DUMP GRAYWATER INTO THE SYSTEM IN THE BACK. THERE IS NO GREASE BACK THERE. LIKE I SAID, WHAT SHE WAS TRYING TO TELL YOU , THE ONLY PLACE YOU WILL SEE GREASE IS UNDERNEATH THE BIGGER PIT. I HAVE TWO OF THEM. THERE IS SOME METAL UNDERNEATH THERE.

THERE IS GREASE UNDERNEATH THEIR. THAT WILL JUST BE DROPPED THERE BUT IT COOKS AND IT FALLS OFF. LIKE I SAID, ME GOING FROM THE SPOKE ARE -- SMOKER, YOU'RE GOING TO HAVE THE DROPPINGS. THAT IS JUST IT. A DISCHARGE AS FAR AS GREASE --

>> I DO WANT TO MAKE NOTE YOU HAVE THAT ON THE CONCRETE WHEN IT DOES RAIN WHEN IT DOES RAIN BY SHEET FLOW THAT WILL IMPACT IT WOULD THAT IS GOING TO GET TO THE SYSTEM TWO IS GOING TO GO INTO THE GRASS AND THE SYSTEM. ALL OF THAT PICKS UP IS

GOING TO END IN THE SYSTEM . >> I AM RESPONSIBLE TO HAVE THAT PLACE STEAM CLEANED AND WASHED DOWN TWICE A MONTH THAT IS A GENTLEMAN THAT LIVES TWO BLOCKS OVER THERE THAT DOES IT FOR ME. IT WILL WASH AWAY ANYTHING . THIS WAS DURING THE RAINY SEASON AND ALSO WHERE THAT DRAINAGE IS BACK THERE, THAT THINGS FLOODS . WHEN THEY ARE OUT THERE, THE CONTRACTOR

IS OUT THERE. >> WHOEVER DOES THIS DEEP

CLEANING -- >> HE DOES THE WHOLE GAS STATION. IT GOES INTO THE DRAIN?

>> YOU WILL WASH IT AND FLUSH IT. WE MET IN THIS DRAIN?

>> THAT IS CLOSER TO THE ROAD AND HE DISPRAISE AND WASHES. HE STARTS AT THE FRONT OF THE STORE. HE DOES OVER BY THE TRAILER AND BEHIND THE TRAILER. HE SAYS I'M GOING TO DO IT THIS WEEK. THE OWNER PAYS THEM TO DO IT. WE GET IT STEAM

CLEANED OFF. >> THE PORTION WHERE THE GRILL IS, UNDER THE SMOKER, IS A BUDDING. YOU SEE THE RETENTION AREA RIGHT THERE. THAT IS IN THE AREA OF IMPACT OF FLOW.

>> DRAINAGE IS BEHIND IT . IT IS BEHIND THE TRAILER BACK THERE IT IS DEFINITELY CLOSE TO THE ROAD. IF YOU CAN SEE WHERE THAT SIGN THERE AND YOU GO OVER TO THE RIGHT, IT IS BEHIND. YOU GET A SHOT BEHIND THE TRAILER. THAT IS ME GOING TO ONE OF THE

SMOKERS. >> THAT IS WHERE THE RETENTION AREAS STARTS. IT FLOWS FROM THE ENTRANCE ON U.S. 1 AND GOES AROUND AND THE GREAT IS THE DISCHARGE FOR THAT ENTIRE RETENTION AREA. THE RETENTION AREA IS NOT JUST ON , I FORGOT

[00:35:04]

IT IS ALDRICH AND U.S. 1. >> THANK YOU, ALLDREDGE. THE RETENTION AREA STARTS FROM U.S. 1 AND IT SLOPES AROUND ONTO THE ABUTTING STREET. THAT STRUCTURE IS RIGHT THERE. WHATEVER YOU DO ON THE PROPERTY FLOWS INTO THE RETENTION AREA. THAT IS THE PURPOSE OF THE AREA TO HOLD THE FLOW WHEN IT RAINS. IF YOU ARE CLEANING AND DOING ANYTHING , YOU ARE IMPACTING THAT RETENTION AREA. GREASE, FATS AND SOLIDS, TOO CLEAN IS NOT HIGH STEVE THAT YOU NEED TO DO. RETENTION AREAS HOLD STORMWATER RUNOFF , WHICH IS ONLY THINGS THAT IS FROM THE ROAD THAT SHOULD JUST BE WATER. AGAIN, WE DO NOT HAVE THE D.O.T. SYSTEM TO KNOW WHERE EXACTLY IT FLOWS AND DISCHARGES. HOWEVER, IT WAS TURNED OVER TO THEM FOR ENFORCEMENT.

>> LET ME UNDERSTAND , IF YOU HAD TWO WEEKS WORTH OF GREASE AND ONE OF THE TRAPS UNDER ONE OF THE GRILLS AND IT RAINED AND THE GREASE WENT DOWN INTO THAT RETENTION AREA, IS THAT A

VIOLATION? >> YET .

>> DID YOU SEE THE TWO WEEKS WORTH OF GREASE IN THE PAN?

>> HE TESTIFIED THAT HE CLEANED UP THE PAN EVERY TWO WEEKS. DID YOU SEE THE PANS HOLDING THE GREASE ?

>> YOU DID NOT SEE THAT. ALL RIGHT.

>> I RECOGNIZE THERE IS A PROBLEM AND I AM OPPOSED TO ANYTHING GOING DWN THE DRAIN. I FIND THAT THE CONNECTION WITH THIS GENTLEMAN POURING IT DIRECTLY DOWN THE DRAIN IS WHAT HE IS BEING CHARGED WITH AND I DON'T FIND THAT HERE . I FIND THAT HE IS NOT IN VIOLATION . I DON'T KNOW IF THERE IS ANOTHER WAY. IT JUST SEEMS VERY SPECIFIC THAT HE WAS CHARGED WITH POURING GREASE DIRECTLY INTO THE DRAIN , WHICH I DO NOT

FIND EVIDENCE OF. >> TO CLARIFY, IF WE COULD TAKE A LOOK AT THE CODE THAT IS BEING CITED , STORMWATER DISCHARGE , I'M NOT SURE IF HE WAS CHARGED WITH POURING DIRECTLY INTO THE DRAIN . CAN WE GET THE CODE ENFORCEMENT OFFICER BACK? WAS HE CHARGED WITH POURING DIRECTLY INTO THE

DRAIN OR GENERAL DISCHARGE? >> IT IS GENERAL DISCHARGE.

>> WHAT DOES SECTION 36-411 SAY?

>> I CANNOT READ THE CITATION VERY WELL.

>> SECTION 36-411 SUBSECTION 4 STATES ANY NON-STORMWATER DISCHARGE PERMITTED UNDER AND PERMIT WAIVER OR WASTE DISCHARGE , WATER ISSUED TO THE DISCHARGER BEING ADMINISTERED UNDER THE AUTHORITY OF FEDERAL ENVIRONMENTAL PROTECTION AGENCY WERE PROVIDED IT IS IN FULL COMPLIANCE WITH ALL REQUIREMENTS OF THE PERMANENT AND OTHER APPLICABLE LAWS AND REGULATIONS AND PROVIDED THAT WRITTEN APPROVAL HAS BEEN GRANTED AUTHORIZED ENFORCEMENT AGENT BERNIE DISCHARGE TO THE

STORM DRAINAGE SYSTEM. >> CAN YOU READ AT THE TICKET? THEY FLASHED ACROSS THE SCREEN AND WE DON'T HAVE THEM. THE TICKET AND WHAT HE WAS CHARGED WITH ON THE NOTICE OF VIOLATION. IF IT IS ANYTHING OTHER THAN CITATION OF A CODE

SECTION. >> PLEASE REFRAIN FROM DUMPING WASTE AND ANY OTHER MATERIALS INTO THE STORM WATER SYSTEM.

>> A NOTICE OF VIOLATION ANY DIFFERENT FROM THE VIOLATION

THE EMAIL TO HIM? >> THERE IS NO NOTICE -- IT IS

A TICKET. ALL RIGHT. >> I STILL STAND THAT HE DID NOT DIRECTLY ERECT OR CAUSE IT TO BE DONE. AFTER READING THIS , IT SAYS PLEASE REFRAIN FROM DUMPING WASTE AND ANY OTHER MATERIALS INTO THE SYSTEM. HIS TESTIMONY IS THAT HE HAS NOT

[00:40:01]

>> THANK YOU. >> ARE WE GOING TO?

[A. 24-0448 CE 1508 N 25th St Tax One Services, LLC Charmaine Kirkland]

>> CITATION IS DISMISSED, YES, SIR.

>> HAVE A GOOD EVENING. >> OUR NEXT CASE WILL BE 5A IN THE CITATIONS CATEGORY. CASE NUMBER 24- 448 . TAX ONE SERVICES LLC .

>> EXCUSE ME, SPECIAL MAGISTRATE. I RECEIVED A REQUEST FROM I.T. THAT YOU NEED TO MOVE THE MICROPHONE CLOSER.

THEY CANNOT HEAR YOU WELL. JUST A REMINDER FOR EVERYONE TO PLEASE SPEAK INTO THE MICROPHONE'S.

>> SIR, COULD YOU IDENTIFY YOURSELF PLEASE?

>> MCKENZIE FLOORS . >> CASE NUMBER 24-448 CE IS A CITATION , 1936 CE. CODE SECTION -- WAS INITIATED FEBRUARY 3, 2024, TO TAX ONE SERVICES LLC. CODE SECTION 117-5 PROHIBITED SIGNS. FINDS OF $100 WITH A TOTAL FINE OF $23,300. ADMIN FEE OF $10 PER TOTAL DUE OF $23,310. THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE FOLLOWING BE ORDERED. THE VIOLATOR BE ASSESSED A FIGHT IN THE AMOUNT OF $23,310. FAILURE TO PAY WILL RESULT THE CITATION BEING PART OF THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS OF ALL THE CITATIONS -- SORRY, ALL THE SIGNS THAT WERE COLLECTED BY ALL OF THE CODE ENFORCEMENT OFFICERS IN THE PERIOD OF TIME.

>> ARE YOUR PHOTOS DATE AND TIME STAMPED?

>> YES, THEY ARE. >> DO THEY ACCURATELY DEPICT THE SIGNS THAT WERE COLLECTED INCLUDED IN THE 223 COUNT?

>> YES, MA'AM. >> WOULD YOU LIKE TO SHARE THOSE WITH THE RESPONDENT? WOULD YOU LIKE TO SEE THE

PHOTOGRAPHS, SIR? >> SORRY?

>> WOULD YOU LIKE TO SEE THE PHOTOGRAPHS BEFORE I PLACED THEM IN EVIDENCE.

THE CITY MOVES THESE PHOTOS INTO EVIDENCE AS CITY'S COMPOSITE EVIDENCE ONE. I AM GOING TO ASK STAFF TO JUST LOOK THROUGH THESE AND MAKE SURE THIS IS THE COMPOSITE SHE WOULD LIKE PLACED INTO EVIDENCE.

>> I JUST DOUBLE CHECKING. IT LOOKS LIKE WE DID A DOUBLE.

>> SPECIAL MAGISTRATE, WOULD YOU MIND IF WE TAKE A THREE MINUTE BREAK? THANK YOU.

[00:46:21]

>> THE CITY WOULD MOVE INTO A RESIDENCE CITY COMPOSITE EXHIBIT ONE CONSISTING OF THE VIOLATION WARNING ON FEBRUARY 3RD . EMPLOYEE REFUSED TO SIGN THE CITATION ON FEBRUARY 14TH.

MULTIPLE PHOTOGRAPHS OF THE SIGNS ON FEBRUARY 14TH.

>> THIS WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.

CONSISTING OF PHOTOS OF THE SIGNS, CITATIONS AND THE

VIOLATION WARNING. >> MS. KIRKLAND, IT IS YOUR TESTIMONY THAT 223 SIGNS WERE FOUND THROUGHOUT THE CITY THAT AMONG TO TAX ONE. THAT IS CORRECT?

>> THAT IS CORRECT. THE TOTAL AMOUNT IS $22,310.

>> THE TOTAL DUE, WE WILL CORRECT THE TOTAL DUE WITH THE

ADMIN FEE TO $22,310. >> YES.

>> YOU HAVE ANYTHING FURTHER YOU WOULD LIKE TO ADD?

>> NO, MA'AM. >> WHAT IS YOUR RELATIONSHIP TO

THE BUSINESS TAX? >> I AM THE OWNER.

>> THANK YOU. PRESENT YOUR CASE.

>> SORRY? >> YOU CAN PRESENT YOUR CASE

>> IT IS MY FIRST TIME FACING A SITUATION LIKE THIS. I HAVE BEEN IN THE SAME LOCATION FOR THE PAST 15 YEARS. I WAS SICK FOR THIS SEASON. IT IS ONLY A SEASON OF BUSINESS. WE ONLY DO MARKETING, LIKE TWO MONTHS OUT OF THE YEAR I WAS SICK. I WAS ON DIALYSIS. A LOT OF COMPLICATIONS. I HIRED A STREET TEAM TO HELP ME OUT BECAUSE I WAS NOT PRESENT. I'M REALLY NOT GOING TO REBUTTAL AND SAVE THIS OR THAT DID NOT HAPPEN. I REALLY DID NOT KNOW HOW THEY WORK AND EXACTLY WHAT THEY WERE GOING TO DO. IT IS AFTER-THE-FACT THAT I FIND OUT ALL OF THIS. LIKE I SAID, I HAVE BEEN HERE FOR 15 YEARS AND NEVER HAD ISSUES LIKE THIS. USUALLY, WHEN WE DO THE YARD SIGNS, WE GO DOOR TO DOOR AND ASKED THE PROPERTY OWNERS AND THEY GIVE US PERMISSION TO PUT THEM IN THEIR PRIVATE YARDS. I NEVER ACTUALLY DID THE TYPE OF MARKETING THAT THEY DID. OF COURSE, I AM FULLY RESPONSIBLE. AGAIN, I HAVE BEEN HERE FOR 15 YEARS. I'VE NEVER HAD KNOWS -- NO ISSUES WITH THE CITY WITH NO KIND OF SIGNAGE ISSUES AND THAT IS THE STREET TEAM THAT I PUT OGETHER TO HELP ME SINCE I WAS NOT PRESENT. I GUESS THAT IS WHERE THINGS KIND OF WENT LEFT A LITTLE BIT. I'M TRYING TO

[00:50:06]

$23,000, I CAN TELL YOU THAT. >> SPECIAL MAGISTRATE, JUST SO YOU KNOW THE NEXT CASE ON OUR DOCKET IS A SECOND CITATION TO THE SAME OWNER FOR $26,000 FOR PUTTING STREET SIGNS OUT AGAIN IN MARCH. WE HAVE TWO CASES ON THE DOCKET WITH THIS PARTICULAR OWNER. THIS IS A FIRST FOR THE FEBRUARY VIOLATIONS.

>> MY QUESTION BEFORE I GOT THIS WOULD HAVE BEEN, WAS THERE ANY NOTICE GIVEN THAT THERE WAS A VIOLATION ? I SEE VERY

CLEARLY IT STATES THAT -- >> I WAS AWARE THAT MAC I WAS AWARE AND ALSO TOLD . HERE IS WHAT I THINK HAPPENED FROM MY MEETING WITH THEM , I AM NOT REALLY TRYING TO MAKE A CASE.

I'M JUST TRYING TO EXPLAIN FROM WHAT I KNOW. FIRST OF ALL, I DID NOT. OUT -- I DO NOT HAVE THE BUDGET TO. OUT 500 SIGNS OR WHATEVER IT IS. WHEN I WAS TOLD THAT THIS WAS A WARNING OR WHATEVER NOT DO IT AGAIN, APPARENTLY, THEY HAD STOPPED. I DID NOT HAVE MONEY TO PAY THEM TO KEEP PROMOTING. WHAT I THINK HAPPENED , I THINK MAYBE THEY WENT BACK AND BLAME US FOR THE SAME SIGNS THAT WAS OUT THERE TWICE. THAT IS WHAT I AM ASSUMING. WE DID NOT PUT NO MORE MONEY OUT AS FAR AS PROMOTING AND WE DID NOT. OUT NO MORE SIGNS. I DO NOT HAVE THE MONEY TO DO THAT. I THINK IT IS THE SAME SITUATION THAT IS OCCURRING TWICE. THAT IS WHAT I AM THINKING. WHEN THE WARNING WAS PRESENTED, THERE WAS NO MORE MONEY GIVEN TO THE STREET TEAM TO KEEP PROMOTING. THERE WAS NO MORE MATERIALS

PRINTED. >> WERE THEY REMOVED?

>> THAT IS THE THING. IT WAS A WARNING THAT WAS GIVEN. I WAS NOT AROUND. I DID NOT KNOW THAT IT WAS SUPPOSED TO BE REMOVED.

I DID NOT KNOW THAT PART. >> IT IS PRETTY CLEAR.

>> THIS IS ALL NEW TO ME. >> MS. KIRKLAND , DID YOU PERSONALLY WRITE THIS TICKET? DATED FEBRUARY 3, 2024, THAT IS

ON THE SCREEN? >> YES, I DID READ IT

>> WHAT DID YOU DO WITH THE TICKET?

>> I ISSUED IT TO THE STORE MANAGER. I HAVE HIS --

>> BY THE WORD, ISSUED, DOES THAT MEAN YOU HAND-DELIVERED IT

AND PUT IT IN HIS HAND? >> YES, AND HE REFUSED TO SIGN

IT. >> DID YOU INSTRUCT HIM TO REMOVE THE SIGNS AND NOT PUT THEM BACK OUT TO MARKET

>> YES, I DID. THIS IS A CONTINUING THING , EVERY TAX SEASON. US AS THE COAT OFFICERS, WE ARE INSTRUCTED , IT WAS TWICE OUT OF THE WEEK, IF I'M NOT MISTAKEN , THAT WE HAD TO GO THROUGHOUT THE CITY AND COLLECT THEM. TAX ONE WAS NOT THE ONLY TAX COMPANY THAT HAD SIGNS THAT WERE PICKED UP.

TAX ONE HAD THE MAJORITY. >> YOU ALLOW THEM -- WHAT DOES SA? THIS IS A 10 DAYS? BY 4:00 P.M. TODAY. WHAT THEY DID YOU GO OUT AND PHYSICALLY REMOVE 223 SIGNS , YOU AND YOUR

DEPARTMENT? >> IF THAT WAS ON FEBRUARY 3RD, I'M NOT SURE WHAT DAY OF THE WEEK IT WAS.

>> WOULD IT BE THE DAY THAT THE PHOTOGRAPHS OF THE SIGNS WAS

TAKEN? >> YES.

>> THOSE ARE JUST A FEW OF MINE THAT I PICKED UP. OTHER PHOTOS

FROM OTHER OFFICERS -- >> DID WE UPLOAD THE GROUP

PHOTOS? >> WE PLACED INTO EVIDENCE OF PHOTO SHOWING STACKS OF SIGNS. THIS IS FROM MARCH.

>> THERE IS A LOT OF PHOTOS. >> MAY I?

>> YES, GO AHEAD. >> THE REASON WHY THIS IS ALL WRONG -- THE REASON I'M NOT TRYING TO MAKE A CASE BECAUSE I WAS NOT PRESENT FOR MARCH, WE DO NOT EVEN PROMOTE IN MARCH.

TAX SEASON PROMOTION STARTS IN JANUARY AND IS AT THE END OF

JANUARY. >> RIGHT NOW, WE ARE TALKING ABOUT THE FEBRUARY SIGNS. THE NEXT CASE IS GOING TO BE THE

[00:55:03]

WE GET TO THE NEXT CASE. >> WHAT I'M SAYING, THIS HAS NOTHING TO DO WITH FEBRUARY OR MARCH. WE PROMOTE FROM JANUARY TO THE END OF -- I MEAN, BEGINNING OF JANUARY, JANUARY 2ND , TO BE EXACT, TO THE END OF JANUARY BUT WE DO NOT EXCEED JANUARY. ANYTHING THAT WAS PUT OUT THERE WAS TICKET TO TWICE .

THE ONLY THING I WOULD SIT ON MY STAFF'S PART COULD SIMPLY BECAUSE MAYBE THEY WAS TOLD TO REMOVE THEM

>> WE ARE NOT TALKING ABOUT MARCH WE ARE TALKING ABOUT

FEBRUARY. >> SPECIAL MAGISTRATE, MAY I

HAVE THE EXHIBIT BACK? >> THAT IS WHAT I AM SAYING, WE DON'T PUT OUT NO SIGNS AFTER JANUARY. WE ONLY PROMOTE IN JANUARY. WHAT EVER THEY SEE OUT THERE WAS ALREADY THERE SINCE

JANUARY. >> PLEASE, HAND THAT TO THE WITNESS AND HAND THAT TO THE WITNESS, PLEASE. SHOW HIM THE

PHOTOGRAPH ON FEBRUARY 14TH. >> THEY ARE HERE.

>> THE PHOTOGRAPH ON PARIS 14TH WITH STACKS AND STACKS OF HIS SIGNS. WAS A PHOTOGRAPH TAKEN ON FEBRUARY 14TH , CHARMAINE? YES, IT IS AUTHENTIC . DATE AND TIME STAMPS. IT ACKLEY DEPICTS THE SIGNS THAT WERE REMOVED ON FEBRUARY 14TH. WHAT DID THE

CITY DO WITH THE SIGNS? >> WE PLACE THEM AT THE SHED

THAT WE OWN . >> YOU DID NOT GIVE THEM BACK?

>> NO. >> I AM NOT DENYING THE SIGNS.

THAT IS NOT WHAT I'M DOING. I'M TRYING TO EXPLAIN THAT WE PROMOTE FROM JANUARY 2ND TO THE END OF JANUARY. WHATEVER SIGNS THEY COLLECTED FROM FEBRUARY OR MARCH, IT IS THE SAME SITUATION AND THEY ARE TO GETTING TWICE ABOUT IT.

>> YOU ARE BEING TICKETED FOR EACH SIGN. IF THEY COLLECTED 200 SIGNS IN FEBRUARY AND ANOTHER 200 AND MARCH , IT IS $100 ASSIGNED PRINT THAT IS IMPOSSIBLE

>> BRING THOSE PHOTOGRAPHS BACK INTO EVIDENCE.

NOTHING FURTHER.

>> I AM SORRY. WE ARE TRYING TO IDENTIFY WHAT THE UPLOADED WAS PROOF THAT THEY HAVE PULLED INDIVIDUAL SIGNS AND THEY ACCUMULATED INTO THE STACK THAT WE PROVIDED FOR YOU. INSTEAD OF PRINTING OUT THE 57 PHOTOS, WE SUBMITTED THE SUMMARY PHOTOS .

WE HAVE 57 PHOTOS SHOWING HOW WE DID IDENTIFY SIGNS THAT WERE IN VIOLATION AND WE PULLED THEM. AND THEN WE PROVIDED THE

SUMMARY PHOTOS. >> IS THERE ANYTHING ELSE?

>> I FIND THAT CODE SECTION 117-5 SUBSECTION 5 PROHIBITED SIGNS AND THE RESPONDENT IS IN VIOLATION OF AND HE AND HIS COMPANY WERE CLEARLY WARNED THAT THE SIGNS WERE PROHIBITED IN SPITE OF THAT, THEY WERE MADE UNTIL PICKED UP BY THE CITY. WE FIND THAT THE FINE IS APPROPRIATE FOR THE AMOUNT OF

SIGNS. >> FOR CLARIFICATION IT WAS

$22,310. >> YES, $22,310 .

>> THERE IS A 30 DAY RIGHT TO APPEAL. THERE IS A 30 DAY RIGHT TO APPEAL FROM TODAY. YOU MIGHT HOW MUCH TIME TO PAY?

>> THAT IS -- >> HE HAS 14 DATES -- 14 DAYS

TO PAY. WOULD THAT BE ENOUGH? >> SORRY.

[01:00:04]

>> 14 DAYS TO PAY. >> DO I HAVE THE RIGHT TO GET

ENTERING THE SITUATION? >> OF COURSE. YOU HAVE A RIGHT TO APPEAL . I'M GOING TO SAY 30 DAYS TO PAY AND 30 DAYS TO

APPEAL. >> NOW WE WILL MOVE ON TO THE

[B. 24-667 CE 1508 N 25th St Tax One Services, LLC Isaac Saucedo]

SECOND ONE. >> THANK YOU.

>> OUR NEXT CASE IS 5B 24- 67 .

>> THIS IS ALSO YOUR CASE. >> TAX ONE SERVICES LLC.

>> GOOD MORNING. >> CASE NUMBER 24-6667 , 1508 NORTH 25TH STREET. THE CASE INITIATED ON MARCH 11TH OF 2024. THE VIOLATOR IS TAX ONE SERVICES LLC. THE CITATION NUMBER WAS 1254 WITH THE CODE SECTION 117 -FIVE SUBSECTION FIVE FOR PROHIBITED SIGNS. IT WAS 132 SIGNS AT $200 ASSIGNED.

THERE IS AN ADMIN FEE OF $10. THE TOTAL DUE IS $26,410 PER THE CITY IS REQUESTING THAT THE SPECIAL MEASURE IT FINDS A VIOLATION EXISTS, THE FOLLOWING BE ORDERED. THE VIOLATOR BE ASSESSED AS THE FINE OF $26,410 . IT WAS A CITATION BEING PORTED TO THE COUNTY COURT SYSTEM. I DO HAVE PHOTOS THAT SHOW THE STACK OF SIGNS THAT HAPPENED AT THE TIME. I HAVE THE FIRST CITATION THAT WAS ISSUED.

>> MISSES UP EVERY CITATION? >> THAT IS CORRECT.

>> THE CITY MOVE THESE PHOTOGRAPHS INTO EVIDENCE AS CITY'S COMPOSITE ONE . CONSISTING OF THE FIRST CITATION ISSUED ON FEBRUARY 14, 2024, PHOTOGRAPHS TAKEN -- TWO PHOTOGRAPH TAKEN ON MARCH 8, 2024. SIR, WOULD YOU LIKE TO

SEE BEES? >> NO, MA'AM.

>> MR. SAUCEDO, WHEN WERE THE SIGNS COLLECTED? THE PHOTOGRAPHS ON MARCH THE 8 . TELL ME ABOUT THE COLLECTION OF

THE SIGNS AT THIS TIME. >> THIS IS SOMETHING THAT OCCURS EVERY YEAR DURING TAX SEASON IS NOT JUST TAX ONE.

HOWEVER, TAX ONE IS THE ONE THAT CONTINUES TO PUT SIGNS ON THE CITY RIGHT-OF-WAY. THE CITY DOES , WE HAVE WHAT WE LIKE TO CALL OUR SITE SWEEP WE GO OUT AND PICK UP ANY SIGN THAT IS LOCATED IN THE RIGHT AWAY. THIS HAPPENS REGULARLY. WE DROVE BY ON NUMEROUS OCCASIONS . KEEPING IN MIND THAT WHEN WE GO OUT TO DO THE SIGN SWEEPS, WE ARE NOT JUST -- WE ALSO GET COMPLAINTS SOME OF THESE COMPLAINTS COME FROM THE CITY MANAGER'S OFFICE , SOMETIMES THEY CAN BE A CITY COMMISSIONER. IT IS NOT THAT WE ARE JUST TAKING ON TAX ONE . SOMETIMES THERE IS COMPLAINTS BEHIND THOSE SIGN SWEEPS THAT WE DO. IT IS SOMETHING THAT WE DO CONSTANTLY AND SOMETHING WE TRY TO DO ON A REGULAR BASIS BUT IT HAPPENS THAT TAX ONE STANDS OUT BECAUSE THEY ARE ALL

OVER TOWN. >> TAX ONE ALL OVER TOWN DOES THIS YEAR REALLY ALL OVER TOWN IN 2023?

>> THAT IS CORRECT. IT IS SOMETHING THAT HAPPENS EVERY

YEAR. >> DID YOU PERSONALLY PARTICIPATE IN REMOVING SCIENCE IN MARCH OF 2024?

>> CORRECT. IT IS ACTUALLY A GROUP EFFORT WITH ALL THE COAT OFFICERS IN OUR DEPUTY DIRECTOR.

>> THE PHOTOGRAPHS THAT WERE PLACED INTO EVIDENCE, ARE THOSE THE SIGNS THAT REMOVED IN MARCH AS OPPOSED TO THE SAME SIGNS

FROM FEBRUARY? >> THAT IS CORRECT.

>> THEY ARE NOT THE SAME SIGNS? THEY ARE DIFFERENT SIGNS THAT WERE PLACED IN MARCH OR AFTER YOU TOOK OUT ALL THE OLD SIGNS?

[01:05:03]

>> CORRECT. >> THERE IS 132 SIGNS?

>> THAT IS CORRECT. >> FOR A SECOND VIOLATION, WHAT DOES THE CODE THEY ABOUT PROVIDING A WARNING TO MARK

>> THE SECOND CITATION WOULD BE AT $200 PER SIDE.

>> DOES THE CITY GIVE A WARNING FOR THE SECOND CITATION OR DO THEY JUST REMOVE IT BECAUSE IT IS A REPEAT VIOLATION?

>> WE DON'T GET A SECOND WARNING BECAUSE THEY HAVE ALREADY HAD THE WRITTEN WARNING AND A CITATION. AND THEN THIS

WOULD JUST BE THE SECOND SET. >> THANK YOU. ANYTHING FURTHER

, MR. SAUCEDO? >> NOT AT THIS TIME

>> I HAVE ONE QUESTION. THE SIGNS THAT WERE REMOVED IN FEBRUARY WERE PLACED IN A STORAGE FACILITY OR A BEEN .

>> THERE IS AN AREA WHERE WE PUT BOTH SIDES AT THOSE SIGNS NEVER GET FAR AWAY IN THE GARBAGE. IF I AM NOT MISTAKEN,

THEY ARE STILL THERE. >> THAT IS BASICALLY WHAT I

WANTED TO KNOW. >> BECAUSE OF THE AMOUNT OF THE CITATION AND THE AMOUNT WE ARE TALKING ABOUT, IN THIS SITUATION, WE HAVE A TENDENCY OF KEEPING THOSE PARTICULAR SIGNS. IT IS NOT LIKE THEY GET THROWN AWAY ANDSOMEONE CAN DIG IN A DUMPSTER AND PUT THEM BACK OUT. THEY ARE NOT THE SAME

SIGNS. >> THAT CLARIFIES IT FOR ME, THANK YOU. DID YOU HAVE ANYTHING YOU WOULD LIKE TO

STATE? >> I WISH I HAD THAT MUCH MONEY TO PUT OUT THAT MUCH SIGNS THAT THEY CLAIM I HAVE HAD. YOU SAY I CAN APPEAL IT. I WILL JUST GET AN ATTORNEY I CANNOT REALLY SAY ANYTHING. THEY ARE SAYING I PUT ALL THE SIGNS THAT I DON'T HAVE MONEY TO PUT OUT. I DON'T KNOW WHAT TO SAY.

>> JUST ONE MOMENT, SPECIAL MAGISTRATE. JUST FOR YOUR EDIFICATION , YOU DO HAVE THE RIGHT TO APPEAL. IT NEEDS TO BE FILED WITHIN 30 DAYS OF THE WRITTEN ORDER. I DO WANT YOU TO KNOW THAT THE SCOPE OF REVIEW ON APPEAL SHALL BE LIMITED TO THE RECORD MADE IN THE HEARING, TODAY'S HEARING. THE SCOPE OF REVIEW ON THE APPEAL SHALL BE LIMITED TO THE RECORD MADE IN TODAY'S HEARING . YOU WILL NOT GET A TRIAL DE NOVO ON APPEAL , UNDER OUR RULES AND UNDER THE RULES OF THE APPELLATE COURT.

TODAY IS THE DATE OF YOUR HEARING TODAY IS THE DAY FOR YOU TO PRESENT ANY FACTS . THE SCOPE OF REVIEW , WHEN YOU GO ON APPEAL, IT IS NOT A WHOLE NEW TRIAL.

>> I UNDERSTAND. >> SHOWING PICTURES AND SAYING THESE PICTURES ARE DIFFERENT THAN OTHER PICTURES , I THINK OF THEM IS SHOWING THE ACTUAL SIGNS WOULD BE MORE EVIDENCE.

IF YOU ARE TELLING ME THAT I HAVE HAD MORE SIGNS, THEN YOU

HAVE TO SHOW THOSE SIGNS. >> SPECIAL MAGISTRATE, THE RESPONDENT IS ARGUING THAT WE DON'T HAVE OVER 300 SIGNS IN STORAGE , WOULD YOU LIKE TO CONTINUE THE HEARING FOR US TO RETRIEVE THE SIGNS AND BRING THEM OR DO YOU ACCEPT THE TESTIMONY OF OUR WITNESSES THAT WE HAVE OVER 300 SIGNS IN

STORAGE MARK >> I ACCEPT THAT THEY ARE THERE. THAT IS WHY I ASKED TO MAKE SURE.

>> THANK YOU. >> IF I CAN JUST -- I WILL BE HAPPY TO. THESE PHOTOS OUT IF NECESSARY. WE DO HAVE PHOTOS -- I CAN SHOW THEM ON THE SCREEN OF SIGNS BEING PLACED ON THE RIGHT OF WAYS ON MARCH 21ST . I HAVE MULTIPLE SIGNS AND ABLE TO SHOW THEM ON THE SCREEN I WILL BE HAPPY TO. THEM OUT IF NECESSARY. BUT FOR THIS GENTLEMAN TO UNDERSTAND WHAT ACTUALLY HAVE PHOTOS OF THE SIGNS THAT WE TAKE BEFORE WE PULL THEM. NOT JUST THE PHOTO OF THE GROUP OF SIGNS . AGAIN, WE CHOSE NOT TO. OUT ALL 300 SIGN PHOTOS . THIS IS JUST A SELECTION THAT I AM SHOWING ON THE SCREEN SHOWING A SIGN ON THE RIGHT AWAY ON MARCH 21ST THIS WAS NOT PULLED ON FEBRUARY 14TH. IT IS STILL THERE. WE HAD TO GO OUT AND PULL ADDITIONAL SIGNS IN MARCH. THAT RESULTED IN THE STACK OF 132.

>> SO, BACK TO , IT IS CLEAR THAT THE SIGNS WERE PLACED,

[01:10:10]

TO APPEAL. >> TO CLARIFY, SORRY TO INTERRUPT. ARE WE WIPING OUT THE ADMIN FEE?

>> SORRY, NO. $26,410 BECAUSE THERE IS THE $10 ADMINISTRATION

FEE. >> CAN I HAVE A COPY OF THOSE?

>> IF YOU WANT TO LEAVE YOUR EMAIL ADDRESS WITH THE CLERK.

DO YOU HAVE AN EMAIL ADDRESS? SHE CAN EMAIL THOSE TO YOU

AFTER THE HEARING. >> THANK YOU.

>> THANK YOU.

>> SPECIAL MAGISTRATE HAS ISSUED HER RULING IN A WRITTEN ORDER . IT WILL BE MAILED TO THE OWNER ADDRESS, WHICH IS 1508 NORTH 25TH STREET, FORT PIERCE AS WELL AS TO THE REGISTERED AGENT, 2424 NORTH CONGRESS AVENUE. YOU WILL GET COPIES OF BOTH WRITTEN ORDERS.

>> THANK YOU, SIR. >> OUR NEXT CASE IS IN THE

[A. 24-0789 CE 504 N 15th St Ewald A Knolle, Pamela Lapress Isaac Saucedo]

>> CASE NUMBER 24- 789 504 NORTH 15TH STREET INITIAL APRIL 4, 2024. THE VIOLATOR IS EWALD A. KNOLLE AND PAMELA LAPRESS.

THE VIOLATIONS ARE 24- 19, 21 , SUBSECTION 10 AND DEEPER NOT OPERABLE VEHICLES. THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE FOLLOWING THE ORDER FOR THE VIOLATOR TO BE GIVEN 10 DAYS TO REMOVE NOT OPERABLE VEHICLES, WHICH INCLUDE A BLUE AND RED SEMI AND FLATBED TO COMPLY AND WILL RESULT IN THE SEMI AND FLATBEDS BEING TORE UP THE PROPERTY. THIS IS A NUISANCE ABATEMENT DISPUTE. I DO HAVE PHOTOS THAT SHOW THE VIOLATIONS AND I ALSO HAVE MR. REQUESTING A HEARING . THAT IS FOR THIS TO BE HER TODAY.

>> WOULD YOU LIKE TO SEE THE PHOTOGRAPHS?

>> I KNOW EXACTLY WE ARE COMPENSATING ABOUT.

>> THE CITY KNOWS THESE PHOTOGRAPHS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE. IT CONSISTS OF A LETTER DATED 4/9 REQUESTING A HEARING ASSIGNED BY MR. KNOLLE . AS WELL AS PHOTOGRAPHS OF A BLUE VEHICLE, A RED VEHICLE .

>> THERE IS A FREIGHTLINER WORD TAKEN JUNE FOUR AND IN APRIL.

MR. SAUCEDO, DID THE PHOTOGRAPHS ACKLEY TO PICK A

NUISANCE THAT YOU OBSERVED? >> THEY DO.

>> YOU WENT OUT IN APRIL AND AGAIN IN JUNE AND THE VEHICLES

[01:15:03]

>> THAT IS CORRECT. >> THE PHOTOS IN THE LETTERS WILL BE ENTERED AS CITY MIGHT SEE COMPOSITE ONE.

NAMING ANYTHING FURTHER, ESTHER SAUCEDO ?

>> NOT AT THIS TIME. >> YOU HAVE BEEN SWORN?

>> YES. >> PRESENT YOUR CASE.

>> I AM NOT ARGUING THE FACT THAT MY COMMERCIAL VEHICLES ARE ON MY PROPERTY. IT IS JUST THAT THIS CURRENT SITUATION I'M GOING THERE IS FINANCIAL HARDSHIP, HONESTLY. I HAD TO SHUT MY BUSINESS DOWN. I HAD ALL MY EQUIPMENT PARKED AT DELL AVENUE STORAGE FOR QUITE SOME TIME. WITH THE RISE IN FUEL, INSURANCE, JUST BASIC MAINTENANCE , I COULD NOT AFFORD TO KEEP THEM THERE AT THE STORAGE. I HAD SPOKE WITH VICTORIA, THE OWNER , AND SHE GAVE ME SOME TIME. YOU KNOW WHAT, I UNDERSTAND YOUR SITUATION. I'M GOING TO LET YOU KEEP THEM HERE FOR A COUPLE MONTHS TO HELP YOU OUT UNTIL YOU CAN FIND A PLACE TO MOVE THEM. TO BE VERY HONEST WITH YOU, THE ONLY REASON I MOVE THEM TO MY PROPERTY IS BECAUSE IT MADE SENSE AT THE TIME BECAUSE I WAS NOT PUTTING NO MONEY OUT. AFTER I SHUT MY COMPANY DOWN , I JUST MOVED UP FROM FORT LAUDERDALE. WE MOVED INTO OUR RENTAL PROPERTY. ME AND MY MOTHER. I'M KIND OF UNDER THE WEATHER RIGHT NOW. I STARTED LOOKING FOR A JOB UP HERE. I FOUND A JOB WITH BURN TRUCKING AT ONE BOYD READ THEY SAID I WOULD MAKE $130,000 A YEAR. GREAT, I CAN AFFORD EVERYTHING NOW. PERFECT. IT WAS ONLY TWO DAYS A WEEK THAT THEY WERE USING ME FOR WORK. I WAS ONLY BEING IN $800 A WEEK. MIND YOU, THE BLUE TRUCK AND THE TRAILER THAT IS BEHIND THE RED TRUCK , I'M STILL PAYING $1800 A MONTH ON. PLUS TAKING CARE OF MY MOM, PAYING BILLS , IT WAS THE CHEAPER OPTION FOR ME, TO BE HONEST WITH YOU. I'M NOT

GOING TO ARGUE THE FACTS. >> VICTORIA, SHE WAS AT THIS

STORAGE FACILITY ? >> I BELIEVE SHE IS THE OWNER.

SHE IS VERY NICE. >> BUT, TO AVOID ANY FURTHER ISSUES, I HAVE BEEN LOOKING FOR A COST-EFFECTIVE PLACE TO PUT THE EQUIPMENT. I AM JUST SO HESITANT , IT IS SO MUCH COMING DOWN ON ME AND I JUST LOST MY FAMILY. IT IS ON ME THOUGH. TO BE HONEST WITH YOU, WITH THE CRIME, THE VANDALISM, THE PROPERTY THEFT WITHIN THE CITY, IT JUST MADE MORE SENSE TO BE AT MY HOUSE. I WISH THE PROPERTY WAS AT WEST AND THEN THERE WOULD NOT HAVE BEEN NO ISSUE. UNFORTUNATELY, I AM

WITHIN CITY LIMITS. >> AND YOU HAVE NEIGHBORS.

>> I WAS ALSO UNDER THE IMPRESSION THAT THE PROPERTY WAS REZONED AS COMMERCIAL AT ONE POINT . I AM PRETTY SURE IT IS RESIDENTIAL COMMERCIAL , NOT HEAVY MACHINERY.

>> DOES THE CITY HAVE ANY? >> IS THERE ANY WAY THE TRUCKS CAN STAY ON THE PROPERTY IF HE BUILDS A FENCE OR ANYTHING

ELSE? >> COMMERCIAL VEHICLES ARE NOT ALLOWED TO BE IN A RESIDENTIAL AREA ORCA MORE THAN ONE HOUR IN A 24 HOUR PERIOD. THAT IS YOUR STANDARD THROUGHOUT THE CITY.

IN THIS CASE , THEY ARE NOT ALLOWED TO BE THERE MORE THAN AN HOUR WITHIN A 24 HOUR PERIOD BUT THEY ARE ALSO NOT OPERABLE.

EVEN IF HE GOT THEM REGISTERED, THEY STILL CANNOT BE THERE. WE WENT AHEAD AND CITED FOR NON-OPERABLE VEHICLES. AT THAT POINT, WE CAN GO AHEAD AND TOE. HOWEVER, IN THE AREA THAT HE IS

[01:20:07]

>> I AM AT YOUR MERCY. >> IF THE CITY TOLD THEM, THERE

WOULD BE A CHARGE FOR THAT? >> HE WOULD BE RESPONSIBLE IF YOU WANT TO REMOVE THOSE TRUCKS OF THE COMPOUND FOR WHICH EVER

WHERE THE COMPANY TAKES THEM. >> WOULD THERE BE A STORAGE

CHARGED BY THE CITY? >> NO.

>> WHERE WOULD WE TELL THEM? >> WHEN WE GO AHEAD AND TOE, WE USUALLY CONTACT THE POLICE DEPARTMENT AND THEY GO AHEAD AND CONTACT DISPATCH TO SEND A TOW TRUCK . THE TOW TRUCK COMPANY , ESSENTIALLY, THE TOTAL TRUCK COMPANY COME IF YOU WANTED TO GO AHEAD AND REMOVE THOSE TOW TRUCKS , HE WOULD HAVE TO DO IT DIRECTLY WITH THEM. WE ARE KIND OF LIKE, WE JUST DO THE PROCESS. WE DON'T BILL ANYTHING OR ANYTHING LIKE

THAT. >> THE VEHICLES WOULD BE HELD BY THE TOW TRUCK COMPANY UNTIL HE COMES AND PAYS TO GET THEM

BACK OUT TWO >> CORRECT. I AM ASSUMING AT ONE POINT IF HE DOES NOT PICK THEM UP, THEN THEY WOULD PROBABLY ATTEMPT TO GET RID OF THEM.

>> THANK YOU. >> I DON'T KNOW WHAT THE COST IS OF THAT. EXPENSIVE. I WILL ULTIMATELY LOSE EVERYTHING.

I'M NOT GOING TO ARGUE THE FACTS. YOU WANT THEM MOVED, I WILL MOVE THEM. I JUST FOUND ME A JOB STARTING ON MONDAY. I WILL BE GONE FOR THREE WEEKS AT A TIME. I WILL TRY TO MOVE ALL

OF THAT TODAY AND SUNDAY. >> THIS GIVES YOU 10 DAYS. WHAT

ADDITIONAL TIME BE OF ANY -- >> TO BE VERY HONEST, IT WOULD BE MUCH APPRECIATED. I DON'T WANT TO BE TAKING ADVANTAGE OF THE SITUATION. I ALREADY CAME IN AND CITED . AND THEN I WAS GREEN TAGGED. AND THAT I USED MY HANDWRITTEN FOR THE HEARING TODAY FOR THE EXTRA AMOUNT OF TIME.

>> WITH THE CITY OBJECT ? I THINK YOU SAID YOU'RE GOING TO

BE GONE FOR THREE WEEKS. >> I LEAVE OUT ON MONDAY WITH A NEW COMPANY . I WOULD RATHER JUST GET IT SQUARED AWAY NOW.

THAT WAY I DON'T HAVE TO COME BACK AND I HAVE LOST ALL MY

EQUIPMENT. >> YOU COULD DO THAT IN 10 DAYS

THAN? >> YES, MA'AM.

>> I FIND THAT THE VIOLATION EXISTS AND THAT YOU HAVE 10 DAYS TO CORRECT IT AND MOVE THE VEHICLES. YOU HAVE 30 DAYS TO APPEAL IF YOU DECIDE TO DO THAT.

>> NO NEED. >> THANK YOU.

>> COULD JUST ADD TO THE ORDER THAT FAILURE TO COMPLY WILL RESULT IN THE VEHICLES BEING TOWED OFF THE PROPERTY?

>> THAT WILL BE IN THE WRITTEN ORDER.

[B. 24-0475 CE 2308 Canal Terr Claire-Alexie Norzelus Charmaine Kirkland]

>> UNDERSTAND. THANK YOU. >> THANK YOU.

>> OUR NEXT CASE IS 6B. 24-475. 2308 CANAL TERRACE.

CLAIRE-ALEXIE NORZELUS . >> GOOD MORNING.

>> GOOD MORNING. >> GOOD MORNING . 24-475, INITIATED AT 2308 CANAL TERRACE TO A MS. CLAIRE-ALEXIE NORZELUS. CASE INITIATED MARCH 12, 2024. CODE SECTION 24-19 .

24- 24 SUBSECTION ONE AND FIVE. NEW SINCE AS AN OBJECT OUTSIDE STORAGE. THE CITY REQUEST IF THE MAGISTRATE FINDS THE VIOLATION EXISTS THAT THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN 10 DAYS TO REMOVE COOLERS, BASKETS OF MILK CRATES, SHOPPING CART, CONCRETE BLOCKS AND ANY OTHER ITEMS IN THE ABOVE-MENTIONED ORDER AND START OUT OF PUBLIC VIEW.

FAILURE TO COMPLY RESULT OF FINE OF $250 PER DAY BEING ASSESSED. I DO HAVE PHOTOS TO DEPICT THE TIME AND DATE AS I

WITNESSED IT. >> HAVE YOU SEEN THE PHOTOGRAPHS? WOULD YOU LIKE TO SEE THE PHOTOGRAPHS?

>> I WOULD LIKE TO SEE THEM. >> WOULD YOU PLEASE SHARE THE PHOTOGRAPHS WITH THE RESPONDENT?

[01:25:07]

>>

>> ONE MINUTE. LET ME PLACES PHOTOGRAPHS INTO EVIDENCE AND FINISH WITH THIS WITNESS AND THEN YOU WILL HAVE A CHANCE TO TALK. ALL RIGHT? WE HAVE THE PHOTOGRAPHS DATE OF MARCH 6, MARCH 23RD, MAY 4TH . THE CITY MOVES THESE PHOTOGRAPHS INTO EVIDENCE AS CITY COMPOSITE EXHIBIT ONE.

>> PHOTOGRAPHS SUBMITTED WILL BE ENTERED AS CITY 'S COMPOSITE

EXHIBIT ONE. >> MS. KIRKLAND, WAS A LESSON HERE AT THE PROPERTY ON MAY 4TH?

>> ACTUALLY , MAY 24. I WAS HAVING PROBLEMS WITH MY CAMERA.

THE ONLY PHOTOS THAT WERE OBTAINED WAS ON MAY 24TH.

>> WHEN YOU WENT BACK LATER IN MAY, WAS THE CONDITION THE SAME AS WHAT WE ARE SEEING IN THESE PHOTOGRAPHS ARE MAY 4TH?

>>

ANYTHING ELSE TO ADD? >> NO, MA'AM.

>> HAVE YOU BEEN IN COMMUNICATION --

>> NOT AT ALL >> CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? CAN YOU PLEASE STATE YOUR NAME FOR THE

RECORD? >>

>> SPEAK INTO THE MIC, PLEASE.

>>

THE WITNESS. >> EVIE ELUTION.

>> I AM HER MOM. >> WHAT IS RELATIONSHIP TO THE

PROPERTY? >> THAT IS MY DAUGHTER'S

PROPERTY. >> DO YOU LIVE IN THE PROPERTY?

>> NO. >> DO YOU HAVE AUTHORITY FROM YOUR DAUGHTER TO BE HERE TO TALK ABOUT THE PROPERTY AND

TESTIFY? >> YES. I DO HAVE AUTHORITY.

>> THANK YOU. >> WHEN YOU ARE READY.

>> I'M GOING TO EXPLAIN THAT TO THEM. THE PROBLEM IS FIXED.

AND YOU CAN SEND SOMEBODY OUT AND LOOK AT IT FOR ME. IF I COULD HAVE THE PHOTO , I CAN SHOW EVERYTHING TO THEM. NEXT TIME, IF THEY KEEP DOING THAT , THEY CAN GET OUT IT IS NOT THE FIRST TIME I'VE HAD THAT PROBLEM.

>> IS IT YOUR TESTIMONY THAT THE PROBLEMS HAVE BEEN FIXED OR

HAVE NOT BEEN FIXED? >> THEY HAVE BEEN FIXED NOW.

>> YOU WANT OUR PHOTOGRAPHS? >> YES, PLEASE.

>> OKAY. IF THE CODE ENFORCEMENT OFFICER GOES OUT TODAY, IT IS YOUR TESTIMONY THAT PROBLEMS ARE FIXED? IS

[01:30:01]

>> I HAVE TO EXPLAIN THAT TO THEM. EVERYTHING THE CODE ENFORCEMENT SAY . I DID NOT HAVE ANYTHING OUTSIDE. THEY HAVE TO KEEP IT CLEAN. THEY DO IT TODAY AND AFTER THAT THEY COME BACK TO DO THE SAME THING. WE SHOW THEM WHAT THE CITY SAID. IF THEY DON'T COMPLY, THEY HAVE TO MOVE. I CANNOT KEEP COMING EVERY YEAR HERE. I DON'T WANT THAT.

>> ANYTHING ELSE TO ADD? >> CHARMAINE, ANYTHING ELSE TO ADD? THE CITY DOES REQUEST THAT THE SPECIAL MAGIC FIND THE VIOLATION EXISTED AND THAT THE OWNER /VIOLATOR BE GIVEN 10 DAYS TO REMOVE COOLERS, BASKETS AND MILK CRATES, SHOPPING CARTS, GAS CANS AND ANY OTHER ITEMS IN THE ABOVE-MENTIONED ORNAMENTS AND STIR OUT OF PUBLIC VIEW IN A GARAGE OR SHED. FAILURE TO COMPLY WITH A FINE OF $250 PER DAY BE

ASSESSED. >> I FIND THAT THE VIOLATIONS EXIST AND THE VIOLATOR BE GIVEN 10 DAYS TO COMPLY BY REMOVING ALL OF THE ITEMS THAT WERE STATED AND FAILURE TO COMPLY WILL RESULT IN A FINE OF TWO AND $50 A DAY BEING ASSESSED AND THIS IS APPEALABLE WITHIN 30 DAYS. 10 DAYS FROM TODAY , I ASSUME YOU WILL GO BACK OUT THERE .

>> WE WILL GO BACK OUT THERE AFTER 10 DAYS BUT AT THAT POINT, THE FINE IS BEING ASSESSED. IF YOU NEED A REINSPECTION WHEN YOU ARE READY ENSURE THAT THIS PROPERTY IS IN COMPLIANCE, YOU NEED TO CALL THE CODE ENFORCEMENT OFFICER AND TELL HER TO COME OUT RIGHT AWAY.

>> SHE SAID TO ME -- UNLESS HEATHER TARR MISSING EVERYTHING

TO COMPLY. >> YOU EXPLAIN THAT TO WHO ?

>> I KNOW HAVE TO CALL BUT WHEN I CALL HER AND SHE IS NOT FINISHED YET. SHE HAD BEEN IN HOSPITAL. LAST NIGHT SHE SAID

SHE FINISHED IT. >> MS. CHARMAINE WAS OUT ON PERSONAL LEAVE FOR A COUPLE WEEKS. SHE JUST CAME BACK YESTERDAY. SHE WILL BE HAPPY TO GO OUT AND DO AN EXPECTION. WE WILL BE HAPPY TO PROVIDE THE PHOTOS IF SHE WANTS COPIES OF THE PHOTOS. WE WILL DO THE FOLLOW-UP INSPECTION AND IS ON IT IS COMPLIED, THE FINES WILL NOT START.

>> DO YOU HAVE AN EMAIL ADDRESS OR WOULD YOU LIKE PRINTED

COPIES OF THE PHOTOS? >> I AM NOT TOO GOOD WITH A

COMPUTER. >> WE CAN EMAIL THE PHOTOS TODAY. IF YOU WANT PRINTED COPIES, IT IS PROBABLY --

>> WE CAN ARRANGE TO GET THEM TO HER EVEN IF WE INCLUDE THEM

WITH A COPY OF THE ORDER. >> MY GUESS IS SHE PROBABLY

DOES NOT NEED ALL OF THEM. >> IF YOU HAVE AN EMAIL ADDRESS OR IF YOUR DAUGHTER HAS AN EMAIL ADDRESS, YOU CAN PROVIDE IT TO OUR WORK AND SHE WILL EMAIL YOU THE PHOTOS.

OTHERWISE, WE ARE GOING TO INCLUDE A COPY OF THE PHOTOS WHEN WE MAILED THE ORDER. AND THE ORDER GOES TO THE OWNER, WHICH IS ON PERIO AVENUE . THAT IS YOUR DAUGHTER?

>> AND YOU CAN GET THEM THERE. >> OKAY.

>> I HAVE EMAIL. YOU DON'T HAVE TO SEND IT.

>> LEAVE THEM WITH CAT THERE. THANK YOU.

[D. 24-0922 BTR 2503 Indiana Avenue La Esquina Charmaine Kirkland]

[01:35:16]

>> ART NEXT CASE WILL BE 6D . 24-922, 2503 INDIANA AVENUE ,

LA ESQUINA. >> CASE 24-922 IS A BTR AT 2503 INDIANA AVENUE, LA ESQUINA PREDICATION ISSUED APRIL 10, 2024 . VIOLATOR IS LA ESQUINA . VIOLATION IS SUBSECTION 22-19 . 22-19 A THE CITY REQUESTED THE SPECIAL MAGIC FIND THE VIOLATOR CONDUCTED BUSINESS WITH OBTAINING A BUSINESS TAX RECEIPT. THE FOLLOWING BE ORDERED FOR OF PENALTY OF $250 . BE GIVEN FIVE DAYS TO OBTAIN THEIR BUSINESS TAX RECEIPT OR SEES ALL BUSINESS OPERATIONS. PURSUANT TO CODE 24-29 .

FAILING TO CEASE ALL BUSINESS ACTIVITIES OR RECEIVE RECEIPT WITHIN THAT TIME WILL RESULT IN ALL UTILITIES TO THE PREMISES BE SUSPENDED. I DO HAVE PHOTOS SHOWING THAT THE BUSINESS IS STILL OPERATING AN AFFIDAVIT FROM THE CITY'S CORK OFFICE STATING THAT THEY DID NOT OBTAIN A BUSINESS TAX RECEIPT.

YOU ARE THE PHOTOGRAPHS DATE AND TIME STAMPED?

>> YES. >> DO THEY ACTUALLY DEPICT WHAT YOU OBSERVED ON THOSE DAYS AND TIMES?

>> YES. >> SIR, WOULD YOU LIKE TO SEE THE PHOTOGRAPHS OR THE AFFIDAVIT FROM THE CITY CLERK OFFICE? THE CITY KNOWS THESE PHOTOGRAPHS AND THE AFFIDAVIT INTO EVIDENCE AS CITY COMPOSITE ONE. PHOTOGRAPHS ARE DATED APRIL THE 10TH AND THE AFFIDAVIT IS JUNE OF THE 3RD.

>> PHOTOGRAPHS SUBMITTED WILL BE ENTERED AS CITY'S COMPOSITE ONE. INCLUDING THE AFFIDAVIT FROM THE CITY.

>> THE BUSINESS BEING OPERATED IS A WHAT? IS IT A GROCERY

STORE? >> IT IS A CONVENIENCE STORE

TYPE. >> ANYTHING FURTHER?

>> NO, MA'AM. >> THANK YOU. SIR, WHAT IS YOUR

NAME? >> STEVE VALERIO.

>> CAN YOU SPELL YOUR LAST NAME?

>> HILARIO. IT IS NO LONGER LA ESQUINA AS THE OWNER. IT IS

THE PIT STOP >> YOUR FIRST NAME IS STEVE?

>> YES. >> WHEN DID IT BECOME FOR

PIERCE IT STOPPED? >> ABOUT THREE MONTHS AGO.

>> DID YOU RECEIVE A VIOLATION NOTICE?

>> NO. >> HOW DID YOU KNOW TO COME

HERE TODAY? >> LA ESQUINA, MY LANDLORD.

THAT IS WHY I AM HERE. >> DO YOU HAVE OF BUSINESS

LICENSE ? >> THE CITY HAS EVERYTHING BUT I'M JUST WAITING ON THE TRANSFER OF THE LIQUOR LICENSE TO GET THE TAX. I WAS HERE YESTERDAY AND I WAS TOLD ALL I NEEDED IS THE BTR LICENSE. I HAVE THE AFFIDAVIT FOR THE TRANSFER OF THE LIQUOR LICENSE. I AM JUST WAITING ON THAT TO

GET THE CITY TAX CERTIFICATE. >> MR. HILARIO, DO YOU HAVE DOCUMENTS YOU WOULD LIKE THIS TO PERMIT TO TAKE A LOOK AT? LET US JUST SEE WHAT YOU HAVE GOT THERE.

[01:40:03]

>> CORRECT. >> AND HAS NOT BEEN IN BUSINESS

SINCE -- >> THREE MONTHS AGO.

>> CAN YOU BE A LITTLE MORE SPECIFIC?

>> I THINK IT WAS FEBRUARY OF 2024.

>> AND THERE STILL IS NO BUSINESS TAX RECEIPT AT THIS LOCATION AT ALL, REGARDLESS OF WHAT NAME IT IS OPERATING UNDER, THIS BUSINESS HAS CONTINUED TO OPERATE WITHOUT A BUSINESS TAX RECEIPT FOR THE NEW BUSINESS OR OLD BUSINESS. STAFF IS STILL RECOMMENDING THAT A VIOLATION BE FOUND. WE ALSO HAVE AN ORDINANCE THAT I WOULD BE HAPPY TO PULL UP THAT SAYS A SIGN IS PROOF THAT A BUSINESS IS OPERATING . I CAN PULL THAT UP

FOR YOU. >> I BELIEVE I HAVE SEEN MET.

YEP. >> FOR THE RECORD, I WILL READ INTO RECORD THE DOCUMENTS THAT YOU HAVE HANDED BUT I WILL LET THE SPECIAL MAGIC TAKE A LOOK AT THEM AND THEN I WILL HAND THEM BACK. THE FIRST DOCUMENT IS A DEPARTMENT OF REVENUE CLEARANCE OF SOME SORT DATED FEBRUARY 5, 2024 . THE SECOND DOCUMENT IS A FOOD SAFETY INSPECTION REPORT NAME OF FORT PIERCE PIT STOP. STEVE HILARIO, OWNER OF THE DATE OF VISIT FAIRBURY 13, 2024. THIS IS FOR THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES. THE THIRD DOCUMENT APPEARS TO BE A DEPARTMENT OF REVENUE SALES AND USE TAX RETURN . I AM LOOKING FOR A DATE BUT I DO NOT SEE ONE. HERE WE GO. HERE WE GO.

ALSO FEBRUARY 2024. NONE OF THE DOCUMENTS RELATE TO THE CITY OF FORT PIERCE OR THE CITY OF FORT PIERCE BUSINESS TAX

REQUIREMENTS. >> IF YOU CHECK UNDER 2024 -- HILARIO US INC. , IT WOULD TAKE ONLY RELATING TO THE LIQUOR STORE TO GET THE TAX RECEIPT.

>> WE RECEIVE APPLICATIONS ALL THE TIME. I'M LOOKING AT THE RECORD IF SOMETHING EXISTS. YOU CONSUMMATE AN APPLICATION AND IT NEVER GETS FINISHED BUT I'M LOOKING AT THE RECORD IF A BUSINESS TAX RECEIPT EXISTS AND IT DOES NOT.

>> IT DOES NOT EXIST BECAUSE THEY ARE WAITING -- THAT IS

WHAT I WAS TOLD YESTERDAY. >> CORRECT. WHAT WE ARE LOOKING AT IS DOES A LICENSE EXIST TO OPERATE AND IT DOES NOT . THAT MEANS BUSINESS SHOULD NOT BE OPERATING. MASS WAS TO START A BUSINESS AND THEN GET A LICENSE, YOU GET A LICENSE AND THEN START THE BUSINESS. WHICH IS WHY WE ARE DOING THIS ENFORCEMENT ACTION. THE BUSINESS HAS BEEN OPERATING WITHOUT THE LICENSE. SPECIAL MAGIC, I WOULD LIKE TO READ A SECTION PROOF OF BUSINESS ACTIVITY. THE BURDEN OF PROOF THAT A BUSINESS EXISTS AND IS PARTLY LOCATED SHALL BE UPON THE APPLICANT. THE FACT THAT ANY FIRM, PERSON OR CORPORATION THAT I WILL SKIP DOWN A BIT EXHIBITS A SIGNER ADVERTISEMENT INCLUDING INDICATING ENGAGEMENT IN SUCH BUSINESS SHALL BE CONCLUSIVE EVIDENCE THAT THEY ARE REQUIRED TO PAY THE BUSINESS TAX RECEIPT . WE DID PROVIDE THESE PHOTOS OF THE LOCATION BEING OPEN FOR BUSINESS BUT IT SAYS OPEN ON

THE DOOR. >> HE HAS ADMITTED HERE TODAY THAT IT IS OPERATING. IT IS OPERATING. IT IS JUST A MATTER OF LOGISTICS. IF HE WENT INTO TODAY TO APPLY FOR THIS BUSINESS TAX RECEIPT, WOULD HE BE ABLE TO GET IT?

>> NO, MA'AM. THERE IS A WHOLE PROCESS THAT GOES THROUGH TO OBTAIN THE BUSINESS TAX RECEIPT.

>> DID YOU TESTIFY YOU HAVE ALREADY STARTED THAT PROCESS?

>> YES. >> I HAVE SUBMITTED ALL THE PERMITS THAT I HAVE TO BE IN BUSINESS . JUST WAITING ON THE

LIQUOR LICENSE. >> THE CITY IS ASKING THE SPECIAL MAGISTRATE TO FIND THE PENALTY OF $250.

[01:45:10]

>> PARTED ME? >> I AM SORRY BUT HE DOES HAVE A BUSINESS TAX RECEIPT AND HAS BEEN OPERATING WITHOUT A BUSINESS TAX RECEIPT . WE ARE ASKING FOR A PENALTY OF $250 AND THAT HE BE GIVEN FIVE DAYS TO OBTAIN THE TAX RECEIPT OR

CEASE BUSINESS OPERATIONS. >> SPECIAL MAGISTRATE, WE HAVE ASKED FOR A SINGLE PENALTY WHICH IS PROVIDED FOR IN THE CODE. IT IS A ONE-TIME PENALTY . WE DID NOT RECOMMEND, AT THIS TIME, A DAILY FINE IF HE DOESN'T. YOU DO HAVE THAT WITHIN YOUR AUTHORITY TO DO AN ADDITIONAL PER DAY PENALTY. YOU KNOW, HE HAS TWO OPTIONS EITHER OBTAIN THE BUSINESS TAX RECEIPT OR CLOSE THE BUSINESS. IF HE CLOSES THE BUSINESS WHILE HE WAITS FOR IT TO BE OBTAINED, THAT WOULD BE IN COMPLIANCE.

>> THAT IS UP TO HIM. >> THE CODE ALLOWS IF HE DOES NOT OBTAINS THE RECEIPT AND HE CAN IS OPERATE FOR US TO TURN

THE UTILITIES OFF. >> I DON'T FIND -- I TIMED $250 IS APPROPRIATE. BASED ON HIS TESTIMONY THAT HE IS GETTING IT. I REALIZE HE IS STILL IN VIOLATION BECAUSE HE SHOULD NOT HAVE CONTINUED TO OPERATE WITHOUT THE BUSINESS TAX RECEIPT. I FIND THAT THE VIOLATION EXISTS AND THAT HE BE FINED A PENALTY OF $250 IF YOU HAVE NOT OBTAINED IT IN FIVE DAYS. PURSUANT TO CODE SECTION 22-29 , FAILURE TO OBTAIN THE BUSINESS TAX RECEIPT OR TO CEASE OPERATING UNTIL HE GETS IT WILL RESULT IN THE UTILITIES TO THE PREMISE BEING SUSPENDED.

>> SPECIAL MAGISTRATE, I HAVE A QUESTION. IT DOES SAY FIVE DAYS TO OBTAIN THE TAX RECEIPT. THE $250 IS EVEN IF HE DOES DO IT

OR NOT >> CORRECT.

>> HOW MUCH TIME TO PAY THE $250?

>> 30 DAYS. >> THE ONLY LICENSE -- IT IS NOT UP TO ME TO GET THE TIMEFRAME FOR THE LIQUOR LICENSE. IT COULD BE SIX MONTHS. THAT IS THE ONLY PERMIT THAT I NEED TO GET THE TAX I.D. IF I HAVE THE LIQUOR LICENSE, I CAN STILL SELL FOOD AND I DON'T UNDERSTAND WHY THEY DON'T GIVE ME MY TAX RECEIPT.

>> SIR, IT ALL DEPENDS ON WHAT YOU APPLIED FOR. IF YOU APPLY FOR JUST A BTR TO SELL GOODS AND MERCHANDISE , THEN YOU COULD DO THAT BUT YOU CAN APPLY FOR A SECOND ONE, A LIQUOR LICENSE BUT IF YOU COMBINE THEM ALL TOGETHER IN WHAT APPLICATION, THEY HAVE TO PROCESS WHAT YOU ASK FOR. YOU MAY WANT TO GO BACK UPSTAIRS AND DISCUSSED AMENDING YOUR APPLICATION TO JUST BE FOR A CONVENIENT STORE WITHOUT LIQUOR SALES. THAT MEANS YOU HAVE TO STOP SELLING LIQUOR, IF YOU ARE. WHAT YOU ASKED FOR IS WHAT THEY PROCESS. IF YOU ASK FOR A BUSINESS TAX RECEIPT THAT INCLUDED THE LIQUOR SALES, THAT IS WHAT THEY ARE GOING TO PROCESS. IT IS UP TO YOU. THE QUICK AND EASY SOLUTION IS TO CLOSE THE DOORS UNTIL ALL OF

THIS IS DONE. >> DID YOU SAY FIVE BUSINESS

DAYS? >> YES, FIVE BUSINESS DAYS.

>> ALSO, HE HAS 30 DAYS TO APPEAL.

>> WHAT HAPPENS IF HE DOES NOT PAY THE TWO AND $50 AND 30

DAYS? >> IT WOULD GO TO THE --

>> COUNTY COURT? >> IF HE DOES NOT PAY IT I WOULD DO THE SAME I WOULD DO FOR EVERY OTHER FINE . I WOULD ADDRESS IT THROUGH THE SAME PROCESS WITH A NOTICE THAT IT

COULD BECOME A LIEN. >> THANK YOU.

>> THANK YOU, SIR. >> THANK YOU.

>> OUR NEXT CASE, UNFORTUNATE, THERE IS NOT A LETTER COMING OUT. IT SHOULD BE F . CASE NUMBER 24- 380 . THE ADDRESS IS 428 NORTH 16TH STREET. CHRISTINE HALL, DARLING COPPENS

AND BERTHA WALKER. >>

>> I DO NOT HEAR, WHAT? THERE IS A STIPULATION ON THIS ONE.

>> OUR NEXT CASE WILL BE 6H, 24-709. 1171 BENNY DRIVE. HARRY

[01:50:09]

NEW -- >>. HARRY K. JOHNSON TRUST ESTATE. THIS IS A REPEAT VIOLATION INITIATED ON APRIL 1ST OF THIS YEAR THE FIRST HEARING DATE WAS SEPTEMBER 20TH OF LAST YEAR. ON THAT DATE, THE FOLLOWING VIOLATIONS EXISTED, SECTION 30-28 SUBSECTION C RESPONSIBLY FOR CONTAINERS.

SECTION 1.3 SUBSECTION 12, LANDSCAPE MAINTENANCE. THE CITY IS REQUESTING THAT IF THE SPECIAL MAGIC FINDS THE VIOLATION EXISTS ON THE FOLLOWING BE ORDERED. PER STATE STATUTE 162.109 THEY CONSIDER REPEAT VIOLATION AND AS SUCH MAY BE FINED BEGINNING ON THE DATE THE REPEAT VIOLATION IS FOUND TO HAVE OCCURRED BY THE CODE ENFORCEMENT OFFICER. THE DATE THE REPEAT VIOLATION WAS FIRST I DID IS MARCH 19, 2024 AS ESTABLISHED BY PHOTOGRAPHIC EVIDENCE AND TESTIMONY PROVIDED. A FINE OF $500 PER DAY SHALL COMMENCE ON THE DATE AND CONTINUE TO OCCUR UNTIL THE PROPERTY IS BROUGHT INTO COMPLIANCE. I DO HAVE PHOTOS IN WHICH TO SUBMIT. I DID STOP BY THE PROPERTY THIS MORNING . UPON MR. JOHNSON'S REQUEST, WHERE HE HAD MOVED TO TRASH BINS HE HAS MOVED THEM TO THE

SIDE. >> ARE THE PHOTOGRAPHS DATE AND

TIME STAMPED? >> YES, MA'AM.

>> WOULD YOU LIKE TO SEE THEM, SIR?

>> I JUST WANTED TO SAY ONE THING. THEY ARE BUILDING A MANSION NEXT DOOR TO MY HOUSE. WHEN I PUT THE GARBAGE CANS ON THE SIDE, THERE IS STUFF FALLING.

>> YOU ARE GOING TO GET YOUR TURN TO TESTIFY IN JUST A MINUTE. LET ME GET THESE PHOTOGRAPHS INTO EVIDENCE AND FINISH UP WITH OUR OFFICER.

>> WE HAVE PHOTOGRAPHS FROM APRIL 23RD TO MAY 24TH , JUNE 4 , JUNE 6 AND MARCH 19TH. WE ALSO HAVE THE VIOLATION FROM SEPTEMBER 21, 2023. THE CITY MOVES TO PUT THESE IN EVIDENCE

AS CITY'S COMPOSITE ONE. >> PHOTOGRAPHS SUBMITTED WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE. THERE IS ALSO A COPY OF THE PRIOR ORDER. IS THE LAST PHOTOGRAPHS HE IS IN

COMPLIANCE? >> IT IS SHOWING THE TRASH BINS

HAVE BEEN MOVED TO THE SIDE. >> WHAT ELSE IS THERE THAT

NEEDS TO BE DONE? >> THE PHOTOS ARE IN EVIDENCE

NOW? >> AND WE SEE THE PHOTOGRAPHS?

>> LET US SEE THE MOST RECENT. THOSE ARE THE TRASH BINS MOVED

TO THE SIDE. >> YES.

>> HE WAS ALSO CITED FOR LANDSCAPE MAINTENANCE .

>> BELIEVES SKIPPING WAS NEVER -- THE LANDSCAPING, WE SPOKE

[01:55:06]

ABOUT THIS. >> IN THE LETTER, THAT WAS NOT IN IT . I DON'T UNDERSTAND WHAT SHE IS TALKING ABOUT WITH

THE LANDSCAPING. >> IT IS IN THE PREVIOUS ORDER.

>> THE PREVIOUS ORDER, OR TALKING ABOUT FOR THE LAST TIME, THE FIRST TIME? THAT WAS ADDRESS. I HAVE THE LAWN PEOPLE COME TAKE CARE OF IT. IT WAS ADDRESSED.

>> FOLLOWING THE INITIAL VIOLATION , WAS THE PROPERTY

BROUGHT INTO COMPLIANCE? >> YES, IT HAD BEEN.

>> I GOT THE LETTER. I RECEIVED A COMPLAINT ABOUT THE REOCCURRENCE AND THAT WAS CITED AGAIN.

>> YOU RECEIVE THE COMPLAINT IN MARCH, IS THAT CORRECT?

>> YES, MA'AM . >> AND I SEE THE PHOTOGRAPHS

FROM MARCH, PLEASE ? >> YOU SHOULD HAVE THE MARCH.

>> AND YOU PUT THEM ON THE SCREEN?

>> I AM SORRY, YOUR HONOR. IF EVERYTHING WAS IN COMPLIANCE THE FIRST TIME , IF SOMETHING HAPPENS A SECOND TIME, IT IS

STILL THE SAME THING? >> NO, IT IS NEW -- A NEW

VIOLATION. >> ANY VIOLATION AND A NEW CASE BUT IT BECOMES A REPEAT WHICH THEN GETS BROUGHT BEFORE YOU.

I'M SORRY, I'M NEW TO THIS. I KNOW DURING THAT TIME THERE WAS A LOT OF BRAIN AND IT WAS HARD TO CUT. ONCE IT DRIED UP, THAT

IS WHEN I STARTED CUTTING. >> SORRY, I HAVE TROUBLE

ROTATING BEST. >> ME --

>> I'M LOOKING FOR THE REPEAT VIOLATION LANGUAGE IN HERE.

>> SPECIAL MAGISTRATE, IN THE PRIOR ORDER , IT SAYS NOT JUST MOW THE YARD BUT ALSO TRIM THE WEEDS, TREES AND BUSHES AND CLEAN UP THE FENCE LINE AND TRIM BUSHES FOR A NEAT APPEARANCE. I THINK THAT MAY BE WHERE THERE IS SOME CONFUSION BUT IS NOT JUST MOW THE GRASS. IT IS ALSO MAINTAINING ALL OF THE LANDSCAPING , WHICH IS IN THE PHOTOS -- LET ME GO BACK TO THESE PHOTOS HERE. IT IS NOT JUST CUTTING THE GRASS BUT IT IS ALSO MAINTAINING ALL OF THE TREES, SHRUBS AND BUSHES ON THE

PROPERTY . >> THAT RIGHT THERE , THAT IS NOT MY -- RIGHT THERE. THIS IS HIS SIDE , THE NEIGHBOR . I UNDERSTAND WHERE YOU ARE COMING FROM WITH THAT. I DID DO ALL OF THAT FOR THE COMPLIANCE FOR THE FIRST TIME. THE SECOND TIME, IT WAS RAINING A LOT EVERY TIME I HAD SOMEONE COME OUT THERE, IT WAS RAINING. NOW, IT IS DRYING UP. I HAVE LANDSCAPERS COMING THIS WEEKEND TO FIX IT UP AND DO MORE THAN WHAT I COULD DO. I PUT THE TRASH ON THE SIDE OF THE BUILDING . LIKE I SAID, I WAS NOT DOING IT BEFORE BECAUSE THEY ARE BUILDING THAT MANSION NEXT DOOR AND A LOT OF DEBRIS FALLS DOWN. FOR ME NOT TO GET IT, I CANNOT SEE UP THERE. I KEPT IT AS FAR AS I COULD ON

THE SIDE. >> OKAY. CAN I SEE SOME -- IS THERE AN ALTERNATE PLACE HE COULD STORE HIS RECYCLE BINS? UNDER THE CARPORT OR SOMETHING?

>> THEY FINISHED THE ROOF RIGHT NOW. NOW, I CAN PUT IT -- I AM NOT WEARY ABOUT GOING THERE. I COULD PUT IN THE BACK. THAT IS WHY I STARTED IT ALREADY. I APPRECIATE THAT, YOUR HONOR.

>> LET ME SEE THE MARCH PHOTOGRAPHS.

>>

[02:00:01]

>> THE PHOTOGRAPH THAT WE ARE LOOKING AT, WHICH IS TIME STAMPED FOR MARCH 19TH, THAT IS YOUR PROPERTY?

>> CAN YOU SEE THE PHOTOGRAPH ? IS THAT YOUR PROPERTY?

>> THIS PART RIGHT THERE, THAT IS THE NEIGHBOR'S PROPERTY. IT IS LIKE A LITTLE SECTION, A SLIVER.

>> I AM SORRY, I CANNOT SEE WHAT YOU ARE POINTING TO.

>> IT IS NOT YOUR FAULT. >> JUST ONE SECOND.

>> LET ME PULL THE MAP UP SO WE CAN GET OVERHEAD. THIS IS MY DAD'S PLACE. HE PASSED AWAY AND IS ABET. I TOOK IT OVER COMING FROM YOU ARE. I HAD TO TAKE IT OVER. THERE ARE CERTAIN THINGS THAT I AM LEARNING. I WAS MOWING HIS PART OF THE GRASS AND DID NOT KNOW UNTIL HE CAME OVER AND SAID, YOU ARE MOWING MY GRASP IT I SAID I DID NOT KNOW THAT WAS THE GUIDELINES. THAT IS WHY I KNOW THAT PART IS HIS , THE FENCE

AND STUFF. >> WITH THE PREVIOUS VIOLATION LAST YEAR, WERE YOU THE ONE WHO CAME BEFORE CODE ENFORCEMENT?

>> I DID. >> IT WAS YOU, PERSONALLY.

>> YOU ARE LANCE JOHNSON. >> CARRIE JOHNSON IS MY FATHER.

>> ARE YOU THE BENEFICIARY OF THE TRUST?

>> ARE YOU THE ONLY BENEFICIARY?

>> YES. >> IS PHILLIPS?

>> SHE WAS TRYING TO EIGHT WHEN MY DAD PASSED. HE JUST PASSED.

>> SORRY. >> YOU JUST PASSED. AFTER COVID , I WAS WORKING IN THE ART. AND NOW I HAVE COME DOWN HERE BECAUSE I GOT LAID OFF BECAUSE OF THE GRANDSON STUFF. I AM WORKING WITH THE BOYS AND GIRLS CLUB. AND YOUTH ALLIANCE. IT IS WORKING WITH TEENS. I JUST MOVED IN HERE. AND GETTING USED TO HOW TO RUN A HOME . NEW YORK, YOU RENT. I AM LEARNING CERTAIN THINGS. THAT IS BY WHEN THEY CAME UP THE FIRST TIME , I FOUND THAT WHAT I NEEDED TO DO, SO I DID THAT. IT WAS IN COMPLIANCE. WITH THE GARBAGE CANS , NOW I KNOW TO PUT THEM IN THE BACK. I COULD NOT PUT THEM THERE BECAUSE ALL THE STUFF WAS FALLING FROM THE ROOF. I DID NOT WANT TO GET HIT. I AM FIXING THE HOUSE UP NOW. I HAVE SOME LANDSCAPERS COMING THIS WEEKEND TO TRIM THE TREES AND EVERYTHING. I'M JUST

DOING WHAT I CAN DO. >> YOU LIVE IN THE HOME NOW?

>> YES, MA'AM. >> THE PHOTOGRAPH WE ARE LOOKING AT NOW WITH THE TREE ON THE RIGHT-HAND SIDE, DOES THAT TREE -- I'M GOING TO ERECT -- DRECK THIS TRENTON EIGHT TWO

>> THAT NEEDS TO BE CLEANED UP.

>> GO AHEAD. >> SORRY, SIR. THE CACTUS, PROBABLY NOT. THE TREE THAT IS BEHIND IT NEEDS TO BE TRIMMED UP SOME. YOU MAY I HAVE SOME LANDSCAPERS COMING THIS WEEKEND. THEY WERE SUPPOSED TO COME A COUPLE WEEKS AGO. THE RAIN, IT WAS SUNNY BUT THEN THE RAIN HAPPEN. .

>> YOU ALSO HAVE THE TREE THAT IS ON THE SIDE OF THE HOUSE , THE BUSH ON THE SIDE OF THE HOUSE THAT NEEDS TO BE CLEANED

UP AS WELL. >> JUST TO BE CLEAR, THIS IS

THE AREA HERE? >> THAT AREA AND THEN DOWN THE SIDE OF THE HOUSE, WHERE WE HAD SEEN THE DEBRIS BEFORE.

>> THIS IS THE HOUSE? >> THAT IS THE HOUSE BUT YOU HAVE THE TREE ON THE SIDE WHERE YOU SEE THE TRUCK . BACK BEHIND THAT IS A BUSH THAT NEEDS TO BE TRIMMED UP AS WELL.

>> IS THAT ON HIS PROPERTY? >> IT MIGHT BE. THE OWNER OF THE NEXT HOUSE IS NOT THERE. HE IS FROM TEXAS AND RINSE IT OUT.

I WILL HAVE MY LANDSCAPERS DO IT AND I WILL TALK TO HIM. HE CAN JUST PAY ME JUST TO GET INTO CODE.

>> I UNDERSTAND THE POINT OF THE SLIDE BUT THAT IS NOT A

[02:05:03]

THAT TREE. WHOSE PROPERTY IS THAT ON? YOU ARE NOT SURE?

>> WHATEVER IT IS, I WILL TAKE CARE OF IT. I DON'T WANT NO PROBLEMS. I HAVE THE LANDSCAPERS COMING IN THIS WEEK. IF IT IS MY NEIGHBOR'S TREE, HE IS A GOOD GUY. HE IS A SERGEANT IN THE NAVY. HE WILL PAY ME FOR IT. I WON'T HAVE NO

PROBLEMS DOING THAT. >> THE DEPARTMENT, WHEN THERE IS A REPEAT VIOLATION LIKE THIS, THE DEPARTMENT ASKED FROM A FINE FROM THE DAY THE REPEAT VIOLATION IS IN THE PHOTOGRAPH ARE OBSERVED BY OUR CODE ENFORCEMENT OFFICER, WHICH WAS BACK IN MARCH. WHAT HAVE YOU DONE SINCE MARCH TO COMPLY AND BRING THE PROPERTY IN COMPLIANCE WITH THE CODE?

>> I HAVE BEEN HAVING THE LANDSCAPERS COME AND DO THE GRASS BUT IT HAS NOT BEEN LIKE THAT. THE GARBAGE CANS HAVE BEEN IN THE BACK. THOSE WERE THE ONLY THINGS UNTIL THEY STARTED DOING THE BUILDING NEXT DOOR TO ME. THAT IS WHEN I HAD TO -- BECAUSE THINGS WAS FALLING WHEN THEY WERE DOING THE ROOF. EVERYTHING HAS BEEN THE SAME. I HAVE ADDRESSED ALL OF THIS STUFF. I TRIED TO KEEP UP WITH EVERYTHING. I KNOW WHY THE GUY CALLED . I'M NOT EVEN GOING TO GO THERE. HE IS CALLING ON EVERYBODY. I HAVE BEEN COMPLIANT. IT WAS TOLD TO ME WHAT TO DO AND I DID IT. WHEN IT RAINS, STUFF LIKE THAT, I JUST HAVE TO WAIT A WEEK UNTIL IT DRIES UP. IT HAS BEEN THE GRASS AND THE GARBAGE CANS. IT

>> A QUICK OBSERVATION HAVING COME FROM NEW YORK TO FLORIDA , YOU CANNOT WAIT FOR IT TO DRY. IT WON'T. IT IS GOING TO RAIN EVERY DAY AND GROW MORE EVERY DAY. HAVING COMING FROM NEW YORK TO FLORIDA, I UNDERSTAND THAT CULTURE SHOCK. DON'T WAIT FOR IT TO DRY BECAUSE YOU WILL WAIT UNTIL NOVEMBER.

>> NOW I SEE. I HAVE A LANDSCAPER NOW. HE WILL BE THERE. HE COMES EVERY OTHER WEEK. I HAVE BEEN COMPLIANT

WITH IT. >> WHEN DID YOU HIRE THE

LANDSCAPER? >> I HIRED HIM -- I GOT A NEW ONE. I HIRED HIM ABOUT A MONTH AGO.

>> AND HE IS SCHEDULED AND PAID TO COME EVERY OTHER WEEK?

>> HE DOES THE BACK OF THE FRONT OF THE OTHER WEEK.

>> INCLUDING THE SHRUBBERY AND STUFF?

>> THAT STUFF, I HAVE TO PAY HIM A LITTLE EXTRA. THIS WEEK, I'M PAYING HIM $100. AFTER THAT, THE GUY THAT I HAVE BEFORE, HE WAS NOT REALLY BECAUSE I WORK ON SATURDAYS WITH THE BOYS AND GIRLS CLUB. HE WAS NOT RELIABLE SO I WOULD DO IT. I HAVE TO HAVE A GOOD GUY NOW. THIS WEEKEND, THEY WILL DO IT MORE INTENSE. AND IT WILL BE $60 EVERY TWO WEEKS.

>> THE EDITS WE HAVE IS IN NEW YORK. DO YOU NO LONGER LIVE AT

THAT APARTMENT? >> NO, I DON'T. 1171 BINNEY

DRIVE. >> MET IN COURT, WILL YOU PLEASE DELETE THE NEW YORK ADDRESS? I DON'T HAVE ANYTHING

FURTHER. >> AND I REQUIRED TO FIND ?

>> THIS IS 100% WITHIN YOUR PURVIEW.

>> I FIND OUT BASED ON WHAT HE IS TESTIFIED TO THAT HE IS CURRENTLY IN COMPLIANCE. I DON'T WANT TO FIGHT HIM $500 A DAY RETROACTIVELY . I CAN DO THAT?

>> I APPRECIATE THAT, YOUR HONOR. FOR REAL.

>> IF IT IS NOT -- >> WOULD YOU LIKE TO DO A STANDARD 15 DAYS TO COMPLY AND IF YOU DON'T THAT A FINE WOULD TAKE PLACE? YOU HAVE THAT OPTION, ALSO.

>> IF YOU WANT PROOF . YEAH. >> IF SHE DOES IT THAT WAY, THEN WHEN IT IS ALL CLEANED UP AND YOU THINK IT IS READY TO GO, YOU CONTACT COTE AND LET THEM KNOW. HOWEVER MANY DAYS

YOU TELL US YOU CAN DO THAT. >> I WILL GIVE IT A --

>> THE ORDER WILL STATE THAT YOU HAVE 15 DAYS TO COMPLY.

NOTHING WILL HAPPEN FOR 15 DAYS, AS FAR AS A FINE.

>> YOU WANT ME TO COME BACK HERE ?

>> NO, YOU DON'T HAVE TO COME BACK.

>> WHAT WE STATE WITH THE ORDER WILL SAY

[02:10:06]

>> HE HAS 15 DAYS TO BE IN COMPLIANCE WITH RESPONSIBILITY FOR THE CONTAINERS AND THE LANDSCAPING, AND IF HE IS NOT, THEN THE FINE -- WHAT WOULD IT BE?

>> I THINK THERE IS THREE CRITERIA FOR THE FINAL RELATED TO THE GRAVITY OF THE OFFENSE. PRIOR VIOLATIONS .

>> $100 A DAY? >> THE CHOICE IS YOURS .

>> IT IS WITHIN YOUR DISCRETION.

>> IF IT IS NOT IN COMPLIANCE THE FINE WOULD BE $100 A DAY BUT IT WON'T START FOR 15 DAYS, ASSUMING YOU ARE IN

COMPLIANCE. >> MONDAY, I COULD COME BACK HERE SHOW WHAT HAS BEEN DONE WITH THE LANDSCAPING?

>> HE COULD CALL ME AND I'M HAPPY TO GO OUT AND LOOK.

DESPITE THE PHOTOS HE MIGHT BRING IN, WHICH WOULD BE GREAT, I STILL HAVE TO OBTAIN MY OWN WITH A DATE AND TIME STAMPED

THE RECORD. >> YOU JUST GIVE HER A CALL. I

LIKE TO SHOW UP. >> A WRITTEN ORDER WILL BE ISSUED AND MAILED TO THE PROPERTY ADDRESS . AND THEN YOU HAVE 15 DAYS FROM THE DAY THE ORDER IS SIGNED TO CONTACT FOR

A REINSPECTION >> NOT A PROBLEM. I APPRECIATE

IT, YOUR HONOR. >> THANK YOU. YOU MAKE OUR NEXT

[A. 22-3214 1014 Chipola Rd Precision Rentals and Investments LLC Isaac Saucedo]

>> MISSES CASE NUMBER -- CAN YOU GO UP, I AM SORRY. CASE NUMBER 22-3214, 1014 CHIPOLA ROAD. INITIATED ON NOVEMBER 14, 2022 PART OF THE VIOLET IS POSITION RENTALS AND INVESTMENTS LLC AT 1110 CLONAL ROAD HERE IN FORT PIERCE FOR THE VIOLATIONS WERE EXTERIOR STRUCTURE GENERAL IP MCP 04 .2 PROTECTED TREATMENT , 304.7 REVENGE DRAINAGE FROM AND SECTION 123-37 SUBSECTION 12 FOR LANDSCAPE MAINTENANCE. THE GRAVITY OUR SERIOUSNESS OF THE VIOLATION WAS MAJOR . PERMITS WERE PULLED TO REPAIR THE VIOLATIONS. ON MARCH 15TH OF 2023, SPECIAL MAGISTRATE DID FIND THAT THE VIOLATOR -- I AM SO SORRY, SPECIAL MAGISTRATE ROSS ORDERED VIOLATOR TO COMPLY WITH IN 10 DAYS OR BE FINED $150 DAILY ON MARCH 30TH, 2023.

180 DAY EXTENSION WAS GRANTED ON SEPTEMBER 5TH OF 2023 AND AFFIDAVIT OF NONCOMPLIANCE OF ISSUED FOR THREE OR 4.1, A STRUCTURE WITH I PMC 304.2, PROTECTED TREATMENT AND 307 POINT , A MASSEY AND 20 DAY LETTER WAS SENT OUT. MAY 2ND OF THIS YEAR, A REQUEST FOR A MASSEY WAS RECEIVED AND MAY SEVEN AND AFFIDAVIT COMPLIANCE WAS ISSUED THERE IS A TOTAL

FINE OF $22,280 RAIN >> SPECIAL MAGISTRATE , OFFICER SAUCEDO, DID YOU COMMUNICATE WITH THE BUILDING DEPARTMENT

REGARDING THE STATUS? >> THEY HAD A FINAL INSPECTION

AND EVERYTHING -- >> CORRECT. WE NEEDED THE AFFIDAVIT OF NONCOMPLIANCE WAS THAT BECAUSE THE PERMIT

EXPIRED? >> CORRECT. YES, SORRY.

>> I WOULD LIKE TO TAKE SOME EVIDENCE ON THE MASSEY CRITERIA. WHAT IS YOUR TESTIMONY AS TO THE GRAVITY OR

SERIOUSNESS OF THE VIOLATION? >> IT WAS MAJOR.

>> DESCRIBE IT. >> JUST SOME EXTERIOR WORK NEEDED TO BE DONE OR PERMITS NEEDED TO BE PULLED AT THE TIME OF THE VIOLATION WHEN THE PROPERTY WAS NOT IN COMPLIANCE.

>> OKAY. THE ACTIONS TAKEN BY THE VIOLATOR TO CORRECT THE VIOLATIONS WERE THAT SHE CAME INTO COMPLIANCE WITHIN HOW MANY

MONTHS? >> THE CASE WAS INITIATED

[02:15:03]

SORRY. >> MAY 7TH OF 2024.

>> OVER A YEAR. >> CORRECT.

>> THIS PARTICULAR -- THE VIOLATOR IS PRECISION RENTALS AND INVESTMENTS . IS THAT CORRECT?

>> THOSE ARE THE OWNERS OF THE PROPERTY.

>> THOSE OWNERS HAVE NOT HAD ANY PREVIOUS VIOLATIONS, IS

THAT CORRECT? >> NO.

>> THANK YOU. DO YOU HAVE ANY FURTHER YOU WOULD LIKE TO ADD?

ALL RIGHT. WHAT IS YOUR NAME ? >> LATOSHA KERRY.

>> LATOSHA KERRY , ALL RIGHT. YOU REQUESTED A HEARING ON THE

AMOUNT OF THE FINE . >> YES. I AM REPRESENTING THE OWNER OF THE TOTAL FINE , THAT HAS CHANGED SINCE WE WERE GIVEN NOTICE. IT WAS $10,000 SOMETHING AND THAT HAS DRASTICALLY CHANGED. THE OWNER IS AN ELDERLY GENTLEMAN THAT TOOK L . HIS ILLNESS HAS PROGRESSED. INITIALLY, WHEN HE WAS BROUGHT , WHEN IT WAS BROUGHT TO HIS ATTENTION OF THE VIOLATION. HE DID TAKE THE INITIATIVE TO GETTING CONTRACTORS TO DO THE WORK TO COME INTO COMPLIANCE. HE DID HAVE A RUNAWAY CONTRACTOR AT ONE POINT AND THEN HE HIRED AGAIN. AS FAR AS THE VIOLATION IS SELF , I WOULD NOT NECESSARILY SAY IT IS DRAFT -- DRASTIC. THE REST OF IT WAS BEING ABLE TO DO TAKE WITHOUT PERMITTING. HE DID COME INTO COMPLIANCE BUT I DON'T KNOW HOW OFTEN YOU VISITED THE PROPERTY BUT HE ENDED UP BEING HOSPITALIZED AND NOW HE IS BEDRIDDEN. HE HAS LOST HIS SIGHT. EVEN IF CORRESPONDENCE WAS GIVEN, ONE OF HIS EYEBALLS WAS REMOVED THE INFECTION JUST GREW THROUGH THE BODY. AGAIN, I KNOW BUSINESS STILL HAS TO GO ON BUT HIS HEALTH WAS PRIORITY. FROM WHAT I KNOW, AS FAR AS THE TAXES OF THE PROPERTY, THE INSURANCE OF THE PROPERTY, EVERYTHING JUST STARTED A DOMINO EFFECT AND THINGS GOT OUT OF HAND. HE WANTED TO RESOLVE THAT BY SELLING HIS PROPERTIES BUT ONCE THERE IS VIOLATIONS ON THE PROPERTIES, YOU HAVE TO CLEAR THOSE FIRST TO MAKE THE SALE. HIS HANDS BECAME TIED. AND THEN HE WAS ABLE TO FORM A TEAM WHERE HE COULD GIVE INSTRUCTIONS FOR US TO STAND IN HIS PRESENCE AND TAKE CARE OF THAT BUT THAT IS WHAT I DID. NOW, EVERYTHING IS INTO COMPLIANCE. I AM ASKING FOR FORGIVENESS ON THE FINES.

HE WAS NOT SOMEONE THAT JUST DIDN'T -- HE DID NOT TOTALLY IGNORE IT. HIS HEALTH JUST TOOK PRECEDENCE OVER EVERYTHING

ELSE. >> WHAT IS HIS NAME?

>> MR. JUSTINE. >> WHAT IS YOUR RELATIONSHIP TO

HIM? TO THE PROPERTY? >> I AM REPRESENTING HIM AS AN AGENT. HE HAS AN ATTORNEY NOW AND THEY ASKED ME ASSIST IN COMPLYING WITH WHAT IS NEEDED TO COMPLY AND. ANY OF THE CONSTRUCTION, AS FAR AS COORDINATING FOR A ROOFER , ANYONE FOR THE LANDSCAPING, PAINTING THE HOUSE AND STUFF LIKE THAT, THEY ASKED ME TO BE A PROJECT MANAGER FOR THEM. HE HIRED SOMEONE INITIALLY AND THAT PERSON RAN OFF OF THE FUNDING AND DID NOT FINISH THE WORK.

>> I'M JUST GOING TO COME THROUGH WITH AN EXTRA THING HERE. THE HUNDRED 80 DAY EXTENSION THAT WAS MENTIONED WAS BECAUSE THE PERMIT WAS OBTAINED AND NO INSPECTIONS WERE MADE DURING THE HUNDRED AND 80 DAYS, WHICH IS WHY THE PERMIT EXPIRED AND WE ISSUED THE AFFIDAVIT OF NONCOMPLIANCE AND THE FINES RAN. AT THAT TIME I SENT THE NOTICE OUT ADVISING THE OWNER THAT THE FINE WAS RUNNING THE FINE AT THAT TIME WAS HOW MUCH IT WAS. WE DID NOT RECEIVE THE MASSEY NOTICE IN THE 20 DAYS AND THE MEAN WAS DRAFTED AND READY TO BE SIGNED WHEN WE RECEIVED THE NOTICE. WE DID ALLOW FOR THE MASSEY HEARING BEFORE YOU TODAY EVEN THOUGH IT WAS OUTSIDE OF THE TIMEFRAME, TECHNICALLY ALLOWED. THE FINES CONTINUED TO RUN UP UNTIL THE DATE OF COMPLIANCE , WHICH WAS ON MAY 7TH , 2024.

[02:20:03]

I MADE THAT REAL BIG. THE ITEMS THAT ARE TAKEN INTO CONSIDERATION FOR THE ADMINISTRATION OF THE COSTS ARE YOUR MAILING, INSPECTIONS, ET CETERA. THE ESTIMATED COST COMES JUST TO OVER $1400. WE DO ASK YOU TO TAKE THAT INTO CONSIDERATION WITH ANY REDUCTIONS IF YOU CHOOSE TO DO THAT. FROM THE AMOUNT OF THE FEINBERG AND THE FINEST $23,280

. >> DO WE HAVE A COPY OF MAGISTRATE ROSS' ORDER? THAT I CAN PLACE IT INTO EVIDENCE?

>> I ALSO HAVE -- >>

>> WE HAVE A SHEET OF PAPER FROM THE ATTORNEY'S OFFICE STATING SHE IS AUTHORIZED TO SPEAK.

>> THANK YOU.

>> THE CITY WILL PLACE INTO EVIDENCE A COPY OF SPECIAL MAGISTRATE ROSS' ORDER AND THE AGENTS ' LETTER. CITY MOVES THOSE INTO EVIDENCE AS CITY COMPOSITE EXHIBIT ONE.

>> THE ORDER GERMAN VIOLATION IN THE LETTER AUTHORIZING -- SORRY. I HAD YOUR NAME HERE. LATOSHA TO BE REPRESENTING THEM

TODAY. >> I UNDERSTAND AS FAR AS THE ORDER. WHAT I'M SAYING, HE LOST HIS SIGHT. HE WAS GIVEN, AS FAR AS HOME HEALTH AIDE OR WHATEVER, AGAIN, THEY DON'T KNOW WHAT THOSE THINGS ARE WHEN THEY ARE CHECKING HIS STAFF.

FINALLY, EVEN THOUGH YOU CAN HAVE JUST ANYONE COME AND SPEAK FOR YOUR HANDLE THINGS , ARE YOU ON THE PROPERTY? FINALLY, THEY GOT EVERYTHING LINED OUT. WE WERE ABLE TO SAY, HELP HIM OUT OR WHATEVER. I AM WORKING PRO BONO . HE IS JUST TOTALLY, LIKE I SAID, THE INSURANCE AND EVERYTHING JUST CAME. HE JUST HAD TO SELL THE PROPERTY AND HAD TO GET GRANTS. THERE IS NO LOCAL FAMILY. HAD TO WAIT FOR THAT TO HAPPEN. I KNOW I AM ABLE TO, THEY GOT THE ATTORNEY TO SAY THEY COULD SELL THE PROPERTY. WHEN THEY WENT TO SELL THE PROPERIES OF VIOLATIONS ARE ON. THAT IS WHAT THEY ARE TRYING TO CLEAR OUT NOW SO HE CAN PAY BILLS EVEN FOR THE HEALTH PART OF IT. HE IS TOTALLY BEDRIDDEN RIGHT NOW. I'M ASKING IF WE COULD JUST STICK HIM TO THE ADMIN AMOUNT, WHICH WE KNOW THE CITY HAS PUT THEIR TIME AND EFFORT INTO . I WOULD REALLY APPRECIATE THAT IF WE COULD TAKE THAT INTO CONSIDERATION.

>> DOES THE CITY HAVE A -- ANY FURTHER RECOMMENDATIONS ?

>> SPECIAL MAGISTRATE, IF THIS LIEN HAVE BEEN SIGNED , AND IT WAS LITERALLY A DAY AWAY FROM AUNT , THE ADMINISTRATION REDUCTION THAT I WOULD BE AUTHORIZED TO IS $5000. I UNDERSTAND THERE IS EXTENUATING CIRCUMSTANCES WITH THE HEALTH .

FOR THAT REASON, STAFF WOULD RECOMMEND DOING 50% OF WHAT MY

MINISTRATION WOULD BE, $2500. >> I THINK THAT IS REASONABLE.

I THINK $2500 UNDER THE CIRCUMSTANCES IS REASONABLE. I WILL FIND THAT WILL BE THE AMOUNT.

>> AGAIN, I JUST ASKED FOR THE ADMIN FEES . ON TOP OF THAT, I EVEN REACHED OUT EARLIER. IF YOU COULD JUST MEET ME AT THE

[02:25:03]

ADMIN, I'M DRAWING STRAWS . >> $2500 WOULD BE THE TOTAL. I KNOW IT IS LIKE 1400 AND SOMETHING .

>> STAFF RECOMMENDATION IS REJECTION TWO $2500 AND THAT WOULD BE INCLUSIVE OF ANY FEES OR ADMINISTRATION COSTS.

>> IT IS BASICALLY ANOTHER THOUSAND DOLLARS OVER THAT. I THINK THAT IS MORE THAN REASONABLE.

>> IT IS 1400 ON TOP OF 25? >> NO, A TOTAL OF $2500.

>> YOU WANT PRONOUNCEABLE ORDER?

>> THE AMOUNT THAT WILL BE DUE IS $1421.34 -- NO. I TAKE THAT BACK. I JUST READ THE NUMBER. SORRY, $2500 PAYABLE IN 30 DAYS

. IS THAT SOMETHING -- >> 30 DAYS IS ACCEPTABLE TO THE CITY. IS 30 DAYS ENOUGH TIME FOR YOU?

>> IT IS NOT. CAN I GET 90 DAYS?

>> NO I'M SORRY, YOU CAN REQUEST WHATEVER YOU WOULD LIKE. THE CITY DOES NOT AGREE TO 90 DAYS.

>> WE WOULD AGREE TO 60. >> I APPRECIATE IT

>> $2500 PAYABLE IN 60 DAYS. YOU DO HAVE A RIGHT TO APPEAL.

>> IF IT IS NOT PAYABLE, A LIEN WILL BE FILED?

>> THIS IS A MASSEY. STAFF IS ACTING IF IT'S NOT PAID IN 60 DAYS THAT ONLY BE FILED AND IT REVERTS BACK TO THE ORIGINAL AMOUNT. WE YOU HAVE TO MAKE SURE IT IS PAID IN THE 60 DAYS.

>> ANYTHING ELSE? >> NOTE.

>> THANK YOU. >> MS. CARRIE, THE WRITTEN ORDER IS CURRENTLY GOING TO BE SENT TO PRECISION RENTALS AT

1110 COLONIAL ROAD. >> YES, MA'AM.

>> IS EVER YOU WANT IT? >> YES, MA'AM.

[C. 24-0909 BTR 229 Avenue A Intuitive Art Studio Charmaine Kirkland]

>> THANK YOU . >> OUR NEXT CASE WILL BE SIX C.

24 909 229 AVENUE A, INTUITIVE ART STUDIO.

>> CASE 24 909 IS A BT ARE LOCATED AT 229 AVENUE A. OWNER IS INTUITIVE ART STUDIO. CASE INITIATED APRIL 10 2024.

VIOLATION IS SECTION 22-19 SUBSECTION A IMPOSE.

RECOMMENDATION AND REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS THE BYLER CONDUCTED BUSINESS WITHOUT OBTAINING A BUSINESS TAX RECEIPT, THE FOLLOWING BE ORDERED. THE VIOLATOR BE FIND A PENALTY OF $250. THE VIOLATOR BE GIVEN FIVE DAYS TO OBTAIN THE BUSINESS TAX RECEIPT OR CEASE ALL BUSINESS OPERATIONS.

PURSUANT TO CODE SECTION 22-29 THEY ARE TO OBTAIN BUSINESS TAX RECEIP OR TO CEASE ALL BUSINESS ACTIVITIES WITHIN THAT TIME. WE WILL REMOVE ALL UTILITIES BE SUSPENDED. I DO HAVE PHOTOS TO INDICATE THE TIMING -- TIME AND DATE STAMP OF THE VIOLATION. AN AFFIDAVIT FROM THE CITY CLERK'S OFFICE.

>> THE CITY MOVES THE PHOTOGRAPHS AND THE AFFIDAVIT INTO EVIDENCE AS CITY'S COMPOSITE EVIDENCE ONE.

>> PHOTOGRAPHS DATED APRIL 10, 2024. AFTER DATED OF

INAUDIBLE ] . >> PHOTOGRAPHS WILL BE ENTERED AS CITY COMPOSITE ONE.

>> I JUST WANT TO CLARIFY YOUR TESTIMONY THE OWNER IS

[02:30:04]

STUDIO . IS THAT CORRECT? >> THE VIOLATOR.

>> THE OWNER IS A DIFFERENT PERSON. IS THAT CORRECT? THE CITY IS ASKING FOR AN ORDER BE ENTERED AGAINST INTUITIVE ART STUDIO, CORRECT? NOT THE OWNER? %-Ú

>> THANK YOU. >> I FIND THAT THE VIOLATION EXISTS AND THE PENALTY OF $250 BE ASSESSED. THE VIOLATOR IS GIVEN FIVE DAYS TO OBTAIN -- FIVE BUSINESS DAYS TO ATTAIN THE BUSINESS TAX RECEIPT OR CEASE ALL BUSINESS OPERATIONS.

PURSUANT TO THE CODE SECTION 22-29, FAILURE TO OF TAKING THE BUSINESS TAX RECEIPT OR TO CEASE ALL BUSINESS ACTIVITIES WILL RESULT IN ALL UTILITIES TO THE PREMISE BEING SUSPENDED.

>>, TIME TO PAY THE JUNE $50 ?

>> 30 DAYS. >> THANK YOU.

>> 30 DAYS TO APPEAL. >> OUR NEXT CASE WILL BE 6I IN

[I. 24-457 CE 605 N 7th Street GABRIEL MURRIETA (TR) Heather Debevec]

MURRIETA TRUST. >> THIS IS CASE NUMBER 24-457, 605 NORTH SEVENTH STREET, GABRIEL MURRIETA. IT WAS IN THE SHOP EVERY 23RD OF THIS YEAR BUT REQUESTING REVIEW AND DETERMINATION THE CITY'S REQUEST TO GET THE SPECIAL MAGISTRATE FINDS THAT THE SUBSECTION C IS RESPONSIBLE FOR CONTAINERS. SECTION 24 19, SUBSECTIONS ONE AND FIVE . AN OBJECT OUTSIDE STORAGE DID EXIST BUT WAS -- IF THE VIOLATOR BE NOTIFIED IF ANY OF THE VIOLATIONS MENTIONED OCCURS AGAIN ON ANY PROERTY OWNED BY THE VIOLATOR, THAT 162 106 SUBSECTION 3, ADDITIONAL TIME TO CORRECT VIOLATION IS NOT REQUIRED AND THE MATTER WILL BE SCHEDULED FOR HEARING BEFORE THE SPECIAL MAGISTRATE. THAT PER STATE STATUTE 1622.09 SUBSECTION ONE DEMENTIA MAY ORDER A FIND TO ACCRUE FOR EACH DAY. REPEAT VIOLATION CONTINUES BEGINNING WITH THE DATE THE REPEAT VIOLATION IS FOUND TO HAVE OCCURRED THE CODE ENFORCEMENT OFFICER. THE AMOUNT OF THE FINE FOR THE REPEAT VIOLATION MAY BE UP TO $500 PER DAY. I DO HAVE PHOTOS IN WHICH

TO SUBMIT. >> ARE THE PHOTOS DATED AND

TIME STAMPED? >> YES, THEY ARE. MATT DOOLEY AGREED TO PICK THE VIOLATION THAT YOU OBSERVED ON THE DATE

AND TIME ON THE PHOTOGRAPHS? >> ALL RIGHT. THE CITY MOVES THESE PHOTOGRAPHS INTO EVIDENCE. THE COMPOSITE EXHIBIT ONE PHOTOGRAPH DATED FEBRUARY 15 , MARCH 18 AND MAY 24TH.

>> PHOTO SUBMITTED WILL BE ENTERED AS CITY'S COMPOSITE

ONE. >> CAN WE SCROLL TO THE PHOTO THAT SHOWS -- WE ARE ASKING FOR CITATION FOR CONTAINERS AS WELL AS NUISANCE

>> THE LAST PHOTOS WERE MAY 24TH.

>>

>> EVERYTHING WAS TAKEN CARE OF, YES, MA'AM.

>> THE CONTAINERS ARE STILL AN ISSUE.

>> THE CITY IS ASKING FOR A FIND OF THE VIOLATION.

>> WE ARE ASKING OF A FINDING OF THE VIOLATION . IT

>> I FIND THAT THE VIOLATION EXISTS OF SECTION 30-28 SUBSECTION C . SECTION 24-19 AND 24-20 AND 21. SUBSECTION ONE AND SUBSECTION FIVE. AND THAT IF THE VIOLATOR -- WITH THE VIOLATION OCCURRED, AGAIN. THAT PER STATUTE 162 SUBSECTION

[02:35:02]

UP TO $500 A DAY. >> THANK YOU, MAN .

>> THERE IS A 30 DAY RIGHT TO APPEAL. I GUESS THAT IS IT.

>>

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

[E. 24-0644CE 3004 Dunbar Street Cynthia C Howard Charmaine Kirkland]

>>> DOING BUSINESS AS NUMBER TWO, LLC. 24 DASH LINE 08 5212, OKEECHOBEE ROAD, DOING BUSINESS AS K GROUP, NUMBER ONE LLC.

24-9-23 ON HIGHWAY ONE. RAY TRUST COMPANY LLC. 24 DASHA 518 RAY TRUST COMPANY LLC. 24-393, STARTEX, THE SHINY A STAR.

24-393 ON 1020 ORANGE AVENUE. 24-310, 511 SOUTH THIRD STREET.

HT-EV LLC. 24-09 21, 2045 OKEECHOBEE ROAD, MARATHON GAS.

21-04 24, 1309 NORTH 19TH STREET. 24-0718, 1018 TORTUGAS AVENUE. 24-5/3 TEAM, 1600 NORTH 23RD STREET, KEVIN BED GOOD, DOING BUSINESS AS DEVON EXPRESS TRANSPORTATION. 24-456, 601 SOUTH THIRD STREET, JOHN NAPLES. 24-519, 423 NORTH 21ST STREET, RAY TRUST COMPANY LLC. 24-32, 1110 NORTH 29TH STREET, SP PINE CREEK VILLAGE LP. AND 24-644, 3000 DUNBAR'S STREET, CYNTHIA HOWARD. FOR CASES REQUIRING A HEARING, ONE WAS SENT TO THE VIOLATOR CERTIFIED MAIL. IT IS PLACED IN THE FILE.

IF THE GREEN CARD IS UNSIGNED OR UNCLAIMED, AN AFFIDAVIT IS SENT TO THE VIOLATOR THE REGULAR U.S. MAIL. PRIOR TO THE HEARING, IT IS POSTED ON THE BULLETIN BOARD IN CITY HALL.

THE HEARING IS ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING. IF THE GREEN CARD IS NOT PREPARED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, IT -- FOR CASES NOT MANDATED BY STATE STATUTE, MAILING OF THE NOTICE OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR, BUT THE GREEN CARD IS RETURNED UNSIGNED WITHIN 10 DAYS OF THE HEARING, A NOTICE IS POSTED ON THE

BULLETIN BOARD IN CITY HALL. >> ANYTHING ELSE?

* This transcript was compiled from uncorrected Closed Captioning.