Sep 18, 2024 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:14]

HEARING OF SEPTEMBER 18 OF 2024 IS CALLED THE ORDER AND IF WE COULD PLEASE STAND FOR THE PLEDGE.

>> 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

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

>> IF YOU COULD PLEASE REMAIN STANDING . PLEASE RAISE YOUR

[A. 21-2879 CE 1140 Avenue D Cephus Cruickshank Isaac Saucedo]

>> YES. THE FIRST CASE TODAY WILL BE A LIEN REDUCTION REQUEST 21 MINUS 2879 , CEPHUS CRUICKSHANK.

>> THIS IS 21 MINUS 2879 1140 AVENUE D AND INITIATED OCTOBER 21 OF 2021 AND THE VIOLATOR IS CEPHUS CRUICKSHANK HERE IN FORT PIERCE AND THE VIOLATIONS ARE I PMC AND WINDOWS, SKYLIGHTS AND DOOR FRAMES AND ON FEBRUARY 16 OF 2022 SPECIAL MAGISTRATE ROSS PROVIDED THE OWNER IN VIOLATION AND A FINE AND MARCH NINE OF 2022 AN AFFIDAVIT OF COMPLIANCE IS ISSUED AND IT STARTED IN MARCH 10 OF 2022 A LETTER WAS SENT OUT AND ON JULY 20 OF 2022 IN ORDER ASSESSING FINES AND ASSESSING A LIEN WAS REPORTED TO OWNER. AUGUST 21 OF 2020 FOR THE PROPERTY CAME INTO COMPLIANCE. AUGUST TWO OF 2024 WE RECEIVED A REQUEST FOR A REDUCTION IN THE BALANCES $175,220 AND THE REQUESTING PARTY -- WHETHER THE REQUESTING PARTY IS PERSON RESPONSIBLE FOR THE ORIGINAL VIOLATION THAT RESULTED INTO THE LIEN IS KNOWN AND WHETHER THE REQUESTING PARTY WAS ESTABLISHED OR HAS ESTABLISH THE EXISTENCE OF EXTENUATING CIRCUMSTANCES THAT PREVENT COMPLIANCE OR ANY EXTENUATING CIRCUMSTANCES THAT SUPPORT THE REDUCTION BELOW THE MINIMUM REVIEW AMOUNTS PROVIDED IN SPECIAL MAGISTRATE RULE 5.4 SUBSECTION B AND 1 , YES, THE AGENT HIRED TO RESOLVE THESE LIENS AND MULTIPLE PROPERTIES WHETHER THERE IS A CURRENT CODE ENFORCEMENT ACTION ON THIS PROPERTY OR ANY OTHER PROPERTY UNDER COMMON OWNERSHIP? YES.

THE TYPE AND NUMBER OF LIEN REDUCTIONS GRANTED FOR THIS PROPERTY OR ANY OTHER PROPERTY UNDER COMMON OWNERSHIP IN THE PAST 24 MONTHS? HAS BEEN MULTIPLE AND SEE EXTENUATING CIRCUMSTANCES AND WHETHER GRANTING OF THE REDUCTION IS THE BEST INTERESTS OF THE CITY? TO BE DETERMINED BY THE SPECIAL MAGISTRATE. THE CITY'S RECOMMENDATION IS UPON REVIEW OF THE FILE AND THEN THE TRANSFORMATION OF INFORMATION PROVIDED BY THE APPLICANT. STAFF DOES NOT HAVE SUFFICIENT CAUSE TO RECOMMEND A REDUCTION BELOW STEPS PERMITTED AUTHORITY

OF $10,000. >> SPECIAL MAGISTRATE, IF I CAN FOLLOW UP ON THAT. TO BE CLEAR OF HER REDUCTION CRITERIA WITH EXTENUATING CIRCUMSTANCES IT WAS BUT IT ISN'T AT STAFF LEVEL TO GO BELOW THE 10,000 BUT WE WANTED TO LET YOU UNDERSTAND THERE IS EXTENUATING CIRCUMSTANCES FOR THIS.

>> OKAY. I CAN DO THAT. YOU DO HAVE THE AUTHORITY. I DO WANT TO BRING UP SOMETHING THAT WE ARE REQUIRED TO REVIEW WHICH IS THE ADMINISTRATION COSTS. THE ADMINISTRATION COSTS OF THE CITY ARE TO BE CONSIDERED WHEN YOU DO REVIEW AND MAKE A RECOMMENDATION. THE ADMINISTRATION COSTS FOR THIS PARTICULAR CASE COME TO $1317.82. YOU CAN CONSIDER THAT ADDITIONALLY AS PART OF THIS PROCESS.

>> CAN WE HAVE SOME TESTIMONY AS TO WHAT THESE EXTENUATING CIRCUMSTANCES ARE? IT ISN'T IN THE PACKET.

>> CORRECT. HE IS HERE TO ANSWER. AND STAFF HAS SAID YES

[00:05:04]

THERE ARE. >> CORRECT. THERE IS A PROPERTY OWNER WHO IS NO LONGER CAPABLE OF HANDLING OR MAINTAIING HIS PROPERTIES AND THEY HAVE HIRED AN AGENT TO ADDRESS AND WHEN WE STARTED THERE WERE 17 LIENS --

>> 37. >> 37 ON 10 DIFFERENT PROPERTIES. WE HAVE BEEN SLOWLY RESOLVING THESE CASE-BY-CASE.

>> OKAY . THE CITY HAS PREVIOUSLY REDUCED THE LIENS ON

THE PROPERTIES? >> ON SEVERAL OF THEM. WE ARE

NOT DONE YET. >> WE HAVE A FEW MORE TO GO.

>> ARE THEY BEING PAID IN A TIMELY MANNER?

>> YES, MA'AM , AND BEING COMPLIED BEFORE REDUCTIONS.

THERE ARE MULTIPLE CASES WHERE BECAUSE THEY WEREN'T IN COMPLIANCE AND HE HAS MANAGED TO BRING THEM INTO COMPLIANCE TO TAKE THOSE AND THEY ARE IN COMPLIANCE BEFORE WE BRING THEM INTO THE SPECIAL MAGISTRATE FOR REDUCTION.

>> YOU ARE MR. CHESTER? DO YOU HAVE ANYTHING TO ADD TO THE EXTENUATING CIRCUMSTANCES THAT HAVE BEEN EXPLAINED?

>> AS MENTIONED, THE 17 PROPERTIES REALLY BLIGHT THROUGHOUT THE ENTIRE CITY AND THEY ARE EYESORES FOR THE MOST PART. MANY OF THEM WERE OVERTAKEN BY SQUATTERS, AND DRUG DEALERS BUT THROUGHOUT THE PROCESS FROM THE TIME THE FAMILY WAS ABLE TO HIRE ME AS THE REAL ESTATE REPRESENTATIVE, I HAVE PERSONALLY BEEN ABLE TO CLEAN UP EACH AND EVERY ONE OF THOSE PROPERTIES. NOT ONLY THAT, SELL THEM OVER TWO DEVELOPERS WHO IS NOW BUILDING AND MAKING THE CITY A LOT MORE BEAUTIFUL. THIS PARTICULAR PROPERTY IS CURRENTLY UNDER CONTRACT. I WILL ASK YOU ALL TO CONSIDER THE LIEN REDUCTION AS WELL BECAUSE IT WOULD BE PAID FROM -- BY THE DEVELOPER AND NOT THE PERSON WHO CREATED THE VIOLATION. WHAT I DON'T WANT TO DO IS HAVE THOSE PEOPLE WHO ARE COMING INTO THE CITY TRYING TO FEEL THEY ARE BEING PUNISHED BECAUSE THEY ARE TRYING TO MAKE A SITUATION RIGHT. LASTLY, IN THE PAST, WE HAVE AGREED ON THE PREVIOUS REDUCTIONS TO COVER ALL ADMINISTRATIVE COSTS.

>> ANYTHING FURTHER? >> NO.

>> THANK YOU. IT IS MY UNDERSTANDING YOU WOULD BE AGREEABLE TO THAT AMOUNT WHICH IS THE COST TO THE CITY?

>> YES, MA'AM. >> STAFF RECOMMENDS ROUNDING IT OFF TO 1500 AND IT'S A SUBSTANTIAL LIEN AT $175,000 THE STAFF RECOMMENDS TO ROUNDING IT UP TO $1500.

>> I AGREE WITH THAT. I FIND THAT BECAUSE I BELIEVE IT IS IN THE BEST INTEREST OF THE CITY TO DO THIS, I WILL FIND 1500 WILL BE DUE. IS THAT PAYABLE IN 30 DAYS?

>> YES. WE COULD HAVE THAT PAID WITHIN 30 DAYS.

>> YES. >> FOR THE RECORD IT WOULD REVERT TO THE ORIGINAL LIEN AMOUNT.

>> MAKE SURE IT IS REVERTING -- PAID IN THAT TIME OR IT REVERTS

TO THE ORIGINAL AMOUNTS. >> I THINK THERE IS A SECOND ONE. EXPECTED WE SAY 30 DAYS TO APPEAL ON THAT ONE? DID WE MENTION 30 DAYS TO APPEAL ON THAT ONE?

>> WE DID NOT BECAUSE IT WAS AGREED UPON.

[B. 21-544 CE 1140 Avenue D Cephus Cruickshank Isaac Saucedo]

>> THE NEXT CASE IS LIEN REDUCTIONS 21 -544 1140 AVENUE

D, CEPHUS CRUICKSHANK. >> THIS IS 21-544 1140 AVENUE D AND THE VIOLATOR CEPHUS CRUICKSHANK . THEY ARE I PMC 304.2 PROTECTIVE TREATMENT AND SECTION 24-19, 24-20, 24-21 FOR OUTSIDE STORAGE. ON JULY SEVEN, 2021 SPECIAL MAGISTRATE ROSS FOUND THE OWNER IN VIOLATION AND PROVIDED 30 DAYS TO COMPLY

[00:10:01]

>> IT IS A SECOND LIEN ON THE SAME PROPERTY IN THE ADMINISTRATIVE FEES FOR THIS PROPERTY COME TO AND I DIDN'T PUT MY GLASSES ON AND THEY MAKE THE SAME RECOMMENDATION OF

ROUNDING UP TO $1500. >> THAT IS FINE. THAT WOULD BE

$1500 AND PAYABLE IN 30 DAYS? >> YES.

>> IF NOT PAID IN 30 DAYS IT REVERTS TO THE ORIGINAL AMOUNT AND THERE IS A 30 DAY RIGHT TO APPEAL. THANK YOU.

[A. 24-0767 CE 2811 Sunrise Blvd Earl S Hamby (TR) Charmaine Kirkland]

>> THANK YOU ALL FOR YOUR TIME.

>> THE NEXT CASE IS VIOLATION CASES THE 24 -767 2811 SUNRISE BOULEVARD. AND IT IS EARL HAMBY TRUST.

>> GOOD MORNING, CASE NUMBER 24 MINUS 0767 OCCURRING AT 2811 SUNRISE BOULEVARD IN THE CASE INITIATED APRIL FIVE OF 2024.

THE OWNER IS EARL HAMBY AND THE VIOLATIONS ARE SECTION 123-37 SUBSECTION 12 LANDSCAPE MAINTENANCE, SECTION 125-322 FENCES, WALLS, HEDGES WITH HEIGHT RESTRICTIONS, I PMC ROOFS AND DRAINAGE, I PMC 304 POINT TWO, PROTECTIVE TREATMENT AND I DO HAVE PHOTOGRAPHS OF THE VIOLATION AS I WITNESSED

IT. >> WE HAVE PHOTOGRAPHS FROM JULY FIVE AND SEPTEMBER 17 IN THE CITY MOVES THESE INTO EVIDENCE WITH COMPOSITE EXHIBIT 1.

>> THE PHOTOS SUBMITTED WILL BE ENTERED AS COMPOSITE EXHIBIT 1.

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

>> THE VIOLATION EXISTS IN THE VIOLATOR BE GIVEN 60 DAYS TO CUT ALL OVERGROWN GRASS, HEDGES, BUSHES AND TREES THREAT THE PROPERTY, CUT ALL HEDGES AND TREES IN FRONT OF THE HOME TO FOUR FEET, REPAIR THE GUTTER IN FRONT OF THE HOME WHERE THE ADDRESS IDENTIFICATION HAS FALLEN. PAINT WINDOW PANELS, DOOR FRAMES AND METAL FRAMES WERE CHIPPING, MOLDING, DETERIORATION AND REST HAS OCCURRED THROUGHOUT THE HOME.

AND FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 PER DAY BEING ASSESSED AFTER THE 60 DAYS. THERE IS A 30 DAY RIGHT

TO APPEAL. >> IF WE COULD CONFIRM A DATE

[00:15:06]

CERTAIN OF NOVEMBER 13? >> OKAY. COMPLIANCE WOULD BE BY

NOVEMBER 13. >> THANK YOU.

[A. CASE NO.: LTCL-2024-120 VIOLATION LOCATION (ADDRESS PID): TBD (2404-608-0096-000-1) INVESTIGATING OFFICER: Charmaine Kirkland]

>> THE NEXT CASE WILL BE IN OTHER CASES CASE LOCATION TO BE DETERMINED AND PARCEL NUMBER 24046800960001. AND THIS IS CASE NUMBER THE VIOLATION IS TO BE DETERMINED AND PARCEL NUMBER 2404-608-0096-00 -1. THEY WERE BOTH CERTIFIED AND REGULAR MAIL AND POSTED ON PROPERTY. THE OWNER IS FORT PIERCE DEVELOPERS LLC IN THE VIOLATION IS NUISANCES LANDSCAPING REQUIREMENTS FOR PROPERTIES LARGER THAN THREE ACRES AND I HAVE PHOTOGRAPHS OF THE POSTING.

>> IS THE VIOLATION THE HEIGHT OF THE GRASS OR THE TREES, SHRUBS, THAT MADE -- IT IS THE HEIGHT OF THE GRASS?

>> YES. >> AND ON THE PROPERTY OF GREATER THREE ACRES? HOW FAR BACK DOES IT NEED TO BE? TO HAVE TO MOW THE ENTIRE PROPERTY?

>> FOR PROPERTIES LARGER THAN THREE ACRES, THIS IS WHAT THE PROPERTY IS THEY HAVE TO DO 100 FEET BACK FROM ALL SIDES.

>> 100 FEET BACK FROM ALL SIDES SO FROM ADJACENT PROPERTY

OWNERS AND FROM THE ROAD? >> CORRECT.

>> OKAY. ALL RIGHT. SO WE HAVE PHOTOGRAPHS DATED SEPTEMBER SIXTH AND SEPTEMBER 17 THE. DO THESE ACCURATELY DEPICT THE VIOLATION THAT YOU HAVE TESTIFIED TO?

>> YES. >> WE ALSO HAVE A NOTICE OF VIOLATION. WE MOVE THESE DOCUMENTS AND PHOTOGRAPH INTO EVIDENCE AS COMPOSITE EXHIBIT NUMBER 1.

>> THE PHOTOS SUBMITTED INCLUDING THE NOTICE WILL BE ENTERED AS CITIES COMPOSITE EXHIBIT 1.

>> I FIND A NUISANCE EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE CONDITION POSES A THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND THAT THE NUISANCE BE ADDRESSED THROUGH THE ABATEMENT PROGRAM IN THE VIOLATOR BE GIVEN UNTIL SEPTEMBER 25, 2024 TO CUT ALL GRASS AND WEEDS AS NEEDED, TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE AND REMOVE ALL TRASH AND DEBRIS INCLUDING THE DEBRIS GENERATED FROM BRINGING THE PROPERTY INTO COMPLIANCE.

FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 PER DAY ASSESSED FOR EACH DATA VIOLATION CONTINUES.

THE CITY IS TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION, THE COST OF WHICH IS TO BE ASSESSED AGAINST

[B. CASE NO.: LTCL-2024-152 VIOLATION LOCATION (ADDRESS PID): 2504 Avenue J INVESTIGATING OFFICER: Charmaine Kirkland]

>> THE NEXT CASE IS OTHER CASES, 2024-152 2504 AVENUE J.

THIS IS LOCATED AT 2504 AVENUE J AND IT IS A LOT CLEARING ESTABLISHED ON AUGUST 28 OF 2024. THEY WERE BOTH SENT CERTIFIED WITH REGULAR MAIL AND POSTED AT PROPERTY. THE OWNER IS MANWELL FUENTES AND THE VIOLATION IS 24-19 SUBSECTION 11 A AND B WITH NUISANCES FOR LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE

PHOTOGRAPHS. >> TO CLARIFY THE VIOLATION YOU TESTIFIED IT WAS SUBSECTION L AND YOU MEANT SUBSECTION 11 IS

THAT CORRECT? >> YES.

[00:20:02]

>> THE PHOTOGRAPHS ARE DATED SEPTEMBER SIX AND SEPTEMBER 17 . TO THE ACCURATELY DEPICT THE VIOLATIONS YOU OBSERVED ON

THOSE DAYS? >> YES.

>> THE CITY MOVES THESE PHOTOGRAPHS AND A COPY OF VIOLATION INTO COMPOSITE EXHIBIT NUMBER ONE.

>> THE PHOTOGRAPHS INCLUDING THE VIOLATION OR NOTICE OF VIOLATION WILL BE ENTERED AS CITIES COMPOSITE EXHIBIT NUMBER ONE. AND BASED ON THE PHOTOGRAPHS AND THE TESTIMONY I FIND THE NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE CONDITION POSES A THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AND THE NUISANCE BE ADDRESSED TO THE CITY'S NUISANCE ABATEMENT PROGRAM AND THE VIOLATOR BE GIVEN UNTIL SEPTEMBER 25, 2024 TO CUT ALL GRASS AND WEEDS AS NEEDED AND TRIM ALL SHRUBS, BUSHES AND TREES TO THE STANDARDS IDENTIFIED IN THE NOTICE OF VIOLATION, REMOVE ALL TRASH AND DEBRIS INCLUDING LANDSCAPE DEBRIS GENERATED FROM BRINGING THE PROPERTY INTO COMPLIANCE, AND A FINE OF $100 PER DAY WILL BE ASSESSED FOR EVERY DAY THE VIOLATION CONTINUES. THE CITY IS TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION, AND THE COST OF WHICH IS TO BE ASSESSED AGAINST THE PROPERTY. THEY DO HAVE A 30 DAY RIGHT TO APPEAL.

[C. CASE NO.: LTCL-2024-158 VIOLATION LOCATION (ADDRESS PID): 207 N 27th Street INVESTIGATING OFFICER: Charmaine Kirkland]

>> THE LAST CASE TODAY IS NINE SEE IN OTHER CASES, LTCL -2024-158, 207 N. 27TH STREET. THIS IS LOCATED AT 207 N. 27TH STREET AND IT'S A LOT CLEARING ESTABLISHED ON AUGUST 30 OF 2024 AND THE NOV AND NTA WERE SENT CERTIFIED AND REGULAR MAIL AND POSTED ON THE PROPERTY. THE ONUS IS CANDACE RIVERS ENTERPRISES LLC. THE VIOLATION IS 24-19, SUBSECTION 11 A AND B WHICH IS NUISANCES LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOGRAPHS OF THE POSTING

AND NOTICE OF VIOLATION. >> ACCORDING TO THESE STAMPED SEPTEMBER SIX AND SEPTEMBER 17. AND DO THESE DEPICT THE VIOLATIONS HE OBSERVED ON THAT?

>> THE CITY MOVES THESE PHOTOGRAPHS AND THE NOTICE OF VIOLATION INTO EVIDENCE AS CITIES COMPOSITE EXHIBIT ONE.

AND PHOTOGRAPHS INCLUDING THE VIOLATION WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1. BASED ON THE PHOTOGRAPHS AND TESTIMONY I FIND THAT A NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE CONDITION POSES A THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. AND THAT THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM AND THE VIOLATOR BE GIVEN UNTIL SEPTEMBER 25, 2024 TO CUT ALL GRASS AND WEEDS AS NEEDED, TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE OF VIOLATION AND REMOVE ALL TRASH AND DEBRIS INCLUDING A LANDSCAPING DEBRIS GENERATED FROM BRINGING THE PROPERTY INTO COMPLIANCE . FAILURE TO COMPLY BY THE DATE ORDERED RESULTS IN A FINE OF $100 PER DAY ASSESSED FOR EACH DATA VIOLATION CONTINUES AND THE CITY IS TO TAKE THE NECESSARY STEPS TO ABATE THE ISSUE IN THE COST OF WHICH WILL BE ASSESSED AGAINST THE ISSUE IN PROPERTY WITH A 30 DAY RIGHT TO APPEAL.

>> THANK YOU. >> I WILL GO INTO THE ITEMS OF

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

[00:25:01]

BULLETIN BOARD IN CITY HALL. >> THANK YOU. IS THERE

* This transcript was compiled from uncorrected Closed Captioning.