[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
[00:00:31]
>> I'M GOING TO SWEAR YOU AND. I'M CALLING YOU LIVE IN OUR CHAMBERS FOR THIS AFTERNOON. IS THIS TERRY? I'M GOING TO ASK YOU TO PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR
THE RECORD. >> MY NAME IS TERRY L TOMATOES.
>> USE WHERE THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE
>> MS. TOMATOES, THIS IS ASSISTANT CITY ATTORNEY ANDREA AND WAITERS, WE SPOKE EARLIER TODAY. AS DISCUSSED, THIS IS A PUBLIC HEARING AND IT IS BEING RECORDED. THE CITY WILL PRESENT ITS WITNESSES FIRST AND YOU HAVE THE RIGHT TO CROSS-EXAMINE THE WITNESSES IF YOU CHOOSE. WHEN THE CITY'S WITNESSES HAVE FINISHED THE TESTIMONY, YOU WILL HAVE A CHANCE TO PRESENT YOUR CASE AND I MAY ASK YOU QUESTIONS, AND THE SPECIAL MAGISTRATE MAY ASK YOU QUESTIONS TO CLARIFY YOUR
TESTIMONY. DO YOU UNDERSTAND? >> YES.
>> THANK YOU. >> THE CITY CALLS OFFICER
OSORIO. >> GOOD AFTERNOON. CAN YOU STATE YOUR NAME FOR THE RECORD, PLEASE?
>> YES, IT'S CARRY. FIRST NAME IS CATALINA OSORIO ESCOBAR AND
THE TITLE IS DETECTIVE. >> AND HOW ARE YOU EMPLOYED?
WHO ARE YOU EMPLOYED BY? >> WITH THE FT. PIERCE POLICE.
>> AND ON SEPTEMBER 23RD DID YOU RESPOND TO A CALL AT 328
>> WHAT WAS THE NATURE OF THE CALL?
>> I RESPONDED IN REFERENCE TO A DECEASED PERSON INSIDE THE
HOME. >> ALL RIGHT. AND IS THERE AN OPEN HOMICIDE INVESTIGATION INVOLVING THE INCIDENT?
>> PENDING INVESTIGATION. >> YES, SO THERE IS AN
>> PURSUANT TO THAT INVESTIGATION, DID YOU A SEARCH
WARRANT FOR THE PROPERTY? >> YES.
>> DID YOU ENTER THE PROPERTY?
>> YES. >> WAS THERE EVIDENCE THAT THERE WERE PEOPLE LIVING IN THE HOME?
>> YES, THROUGHOUT THE HOME WE WERE ABLE TO LOCATE MAKESHIFT BEDS, MULTIPLE ITEMS ON THE FLOOR, FOOD, PARAPHERNALIA.
BROKEN ITEMS, GLASS. BROKEN WINDOWS. AS WELL.
>> ALL RIGHT . CAN YOU -- WAS THERE EVIDENCE THAT DRUGS WERE
BEING USED INSIDE THE HOME? >> YES. THE PARAPHERNALIA, IN
OTHER WORDS, CRACK PIPES. >> YOU FOUND CRACK PIPES AND
WHAT ELSE DID YOU FIND? >> FOILS.
>> AND DESCRIBE HOW FOILS ARE USED.
>> FOIL IS LIKE BASICALLY IT'S KIND OF FLAT AND YOU COOK THE CRACK ON IT, AND WE FOUND THAT THERE.
>> DID YOU FIND LIGHTERS OR ANYTHING TO SET A LIGHT TO FIRE
>> OKAY. WHAT WAS THE CONDITION INSIDE OF THE HOME?
>> DEFINITELY OLD LIKE PASTED FOOD THROUGHOUT THE HOME . NOT IN CLEANING CONDITIONS OR CLEAN CONDITIONS. THE ONLY THING I DID NOTICE HIS THERE WAS SOME ELECTRICITY RUNNING.
>> OKAY. AND DID YOU CONSIDER THE CONDITIONS INSIDE THE HOME TO BE A HAZARD? WERE THE CONDITIONS INSIDE THE HOME A
>> ALL RIGHT. DID YOU DRAW ANY CONCLUSIONS AS TO WHETHER THERE WERE SQUATTERS LIVING IN THE HOME?
CONCLUSION? >> I HAD SOMEONE INVOLVED IN THE INVESTIGATION ADMITTED TO BREAKING INTO THE HOME.
>> OKAY. DO YOU KNOW HOW LONG THE SQUATTERS HAD BEEN IN THE
HOME? >> NO, BUT THEY ADMITTED THAT THEY'D BEEN TO THAT HOME, GIVEN THAT THEY BECAME AWARE
THAT THE HOME WAS ABANDONED. >> OKAY. AND DO YOU KNOW WHETHER THE PERSONS WHO WERE INSIDE THE HOME WERE THERE WITH
PERMISSION OF THE OWNER? >> KNOW THEY WERE NOT WITH
PERMISSION. >> THEY WERE NOT WITH PERMISSION OF THE OWNER. SPECIAL MAGISTRATE, DO YOU HAVE
ANYTHING FOR THIS WITNESS? >> NOT AT THIS TIME.
>> THINK YOU VERY MUCH. >> CITY CALLS KEVIN YOUNG.
>> YES, THANK YOU. >> MR. YOUNG, COULD YOU STATE
[00:05:13]
YOUR NAME AND YOUR TITLE, AND YOUR POSITION FOR THE RECORD?>> KEVIN YOUNG, BUILDING INSPECTOR AND INVESTIGATOR FOR
THE CITY OF FORT PIERCE. >> AND DID YOU HAVE AN OPPORTUNITY TO INVESTIGATE, TO DO AN INVESTIGATION AT 328
NORTH 15TH STREET? >> YES MA'AM.
>> CAN YOU TELL ME -- DO YOU HAVE PHOTOS THAT WERE TAKEN OF
>> AND THE PROPERTY? AND CAN YOU REVIEW THOSE PHOTOS THAT I'VE PLACED IN FRONT OF YOU, AND CONFIRM THAT YOU WERE ON THE PROPERTY ON AUGUST 27TH, 2024?
>> YES MA'AM. >> AND THOSE ARE YOUR
PHOTOGRAPHS? >> IS ARE MY PHOTOGRAPHS.
>> THE CITY MOVES THESE PHOTOGRAPHS INTO EVIDENCE AT CITY'S COMPOSITE ONE. THINK YOU. PHOTOS SUBMITTED WILL BE ENTERED AT CITY'S COMPOSITE EXHIBIT 1.
>> WHEN YOU WERE AT THE PROPERTY, WAS THERE ANY POWER
TO THE STRUCTURE? >> NOT TO MY KNOWLEDGE, MA'AM.
I DIDN'T KNOCK. NOBODY WAS THERE. AND I TOOK A PICTURE OF THE METER. IT HAD ZEROS ON IT.
>> ALL RIGHT. AND DID YOU POST THE PROPERTY?
>> YES MA'AM . >> AND WHAT WAS THE POSTING?
>> I WENT BECAUSE THEY SAID IT WAS OCCUPIED AND THERE'S NO UTILITY, SO I POSTED IT FOR UNFIT HUMAN OCCUPANCY.
>> UNFIT FOR HUMAN OCCUPANCY, AND WHERE DID YOU POST THAT? CAN WE GET TO THAT PHOTOGRAPH PACK ?
>> IT'S ON THE FRONT OF THE HOUSE, BY THE DOOR.
>> SORRY, PEGGY, I'M SORRY. IT'S RIGHT -- ONE MORE. ONE
MORE. >> YES MA'AM. SO I TOOK THAT PICTURE FIRST WHEN I GOT OUT AND THEN THE ONE, IF YOU LOOK AT THE POSTING UP CLOSE, THEN THERE SHOULD BE -- I THOUGHT THERE WAS BUT IT'S RIGHT NEXT TO THAT WERE IN FRONT.
>> IT'S RIGHT NEXT TO THE FRONT DOOR?
>> YES MA'AM . >> DID YOU SEND NOTICE -- DID YOU OPEN A BUILDING CASE FOR A VIOLATION OF THE BUILDING CODE?
>> I BELIEVE SO, YES MA'AM. >> YOU CAN TAKE A LOOK AT YOUR FOLDER AND TELL THE SPECIAL MAGISTRATE IF NOTICE OF
VIOLATION WAS SENT. >> NOTICE OF VIOLATION -- IT
SAYS -- >> JUST WHETHER IT WAS SENT IN
>> SENT TO THE OWNER OF THE PROPERTY?
>> YES MA'AM >> AND WHO WAS THAT?
>> NORMAN LAVOIE. >> AND THE ADDRESS ON YOUR
NOTICE? >> THE ONLY ADDRESS KNOWN WAS
328 NORTH 15TH STREET. >> OKAY. NOTHING FURTHER FOR
THIS WITNESS, THANK YOU. >> THANK YOU.
>> CALL MANNY FERNANDEZ. MANNY FERNANDEZ.
>> MR. FERNANDEZ, WOULD YOU PLEASE PRESENT THE CASE AS YOU ORDINARILY WOULD IN THIS PROCEEDING, AND THEN I HAVE SOME SPECIFIC QUESTIONS FOR YOU?
>> YES MA'AM. GOOD AFTERNOON, YOUR HONOR. TODAY BEFORE YOU I HAVE CASE NUMBER USB-2020 4-1 87 AT 328 NORTH 15TH STREET.
THIS IS A BOARD UP EMERGENCY. THE CASE WAS ESTABLISHED ON SEPTEMBER 16TH, 2024 POINT THE NOTICE OF VIOLATION WAS SENT CERTIFIED AND REGULAR MAILING AND AS WELL POSTED ON THE PROPERTY. THE NOTICE TO APPEAR WAS HAND DELIVERED. THE OWNER CAME BACK TO A NORMAN LAVOIE. THEY WERE CITED FOR 24-9 TEAM SUB SESSION 16 NUISANCES, UNSAFE BUILDING CONDITIONS, 24-19 SUBSECTION 5, NUISANCES UNLAWFUL OR PROHIBITED CONDITIONS, SECTIONS 103-341, VACANT BUILDINGS, BOARD UP REQUIRED. I DO HAVE PHOTOS TO INTRODUCE THAT ARE DATE AND TIME STAMPED AND ACCURATELY PROTECT THE VIOLATION AS I WITNESSED INCLUDING A COPY OF THE POWER OF ATTORNEY INCLUDED.
>> OKAY. SO LET'S PUT THE PHOTOGRAPHS IN AS CITY'S
[00:10:01]
COMPOSITE EXHIBIT 1 CONSISTING OF PHOTOGRAPHS AND A COPY OF THE NOTICE OF VIOLATION. I'M SORRY, CITY'S COMPOSITE EXHIBIT 2. CITY MOVES THESE PHOTOGRAPHS IN AS CITY'S COMPOSITE EXHIBIT 2. THE PHOTOS AND THE NOTICE OF PUBLIC NUISANCE ARE ENTERED AS CITY'S COMPOSITE EXHIBIT 2.>> ALL RIGHT. THE OWNER OF THE PROPERTY IS THE PROPERTY
>> AND YOU TESTIFY THAT YOU SENT THE NOTICE OF VIOLATION ON EIGHT-27, IS THAT CORRECT? I'M SORRY, THAT WAS KEVINS, OKAY.
>> SEPTEMBER 16TH. >> SEPTEMBER 16TH. AND WHAT WAS REQUIRED OF THE PROPERTY OWNER TO COMPLY WITH THE NOTICE OF
VIOLATION? >> WERE REQUIRED TO BOARD UP THE PROPERTY BECAUSE WE HAD RECEIVED A COMPLAINT ABOUT A POSSIBLE BROKEN WINDOW AT THE REAR OF THE STRUCTURE.
>> IN ADDITION TO THE POSSIBLE BROKEN WINDOW, WAS THERE MORE
INVOLVED IN THAT COMPLAINT? >> --
>> DID YOU LATER LEARN MORE? >> WE LATER LEARNED MORE THAT POSSIBLY SOMEBODY MAY HAVE BEEN STAYING INSIDE THE RESIDENCE.
>> OKAY. DID YOU GAIN ANY ADDITIONAL INFORMATION ABOUT THE PEOPLE WHO WERE STAYING INSIDE OF THE RESIDENCE?
>> AFTER SPEAKING WITH THE POWER OF ATTORNEY, MS. TERRI DEMATOS, IT WAS MY UNDERSTANDING FROM WHAT SHE INFORMED ME THAT NOBODY WAS SUPPOSED TO BE LIVING INSIDE OF
THAT STRUCTURE. ALL RIGHT. >> SO TERRI, YOU MET WITH TERRI DEMATOS ON TUESDAY, YESTERDAY, NINE-24, IS THAT RIGHT?
>> YES MA'AM. >> AND DID YOU SEE HER DRIVERS LICENS AND CONFIRM HER IDENTITY?
>> YES MA'AM. >> DID SHE SHOW YOU A POWER OF ATTORNEY AND DID YOU TAKE PHOTOGRAPHS OF IT?
>> YES MA'AM. >> AND IS THIS A COPY OF THE POWER OF ATTORNEY THAT YOU TOOK PHOTOGRAPHS WITH, WITH YOUR
>> THE CITY MOVES THIS POWER OF ATTORNEY INTO EVIDENCE AS CITY'S EXHIBIT 3. FOR THE RECORD I HAVE REDACTED. THE REDUCTIONS ARE MINE. ADDRESS, SOCIAL SECURITY NUMBERS, ET
CETERA. >> POWER OF ATTORNEY WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT THREE.
>> AND YOU TESTIFIED THAT YOU HAND DELIVERED THE NOTICE OF TODAY'S HEARING, AND IS THIS A COPY OF THE NOTICE OF HAND DELIVERY THAT WAS SIGNED BY MS. DEMATOS?
>> YES MA'AM. >> CITY MOVES THIS NOTICE IN AS
CITY 'S EXHIBIT 4. >> THANK YOU.
>> THE NOTICE OF HAND DELIVERY IS ENTERED AS CITY'S EXHIBIT
4. >> AS A CODE INSPECTOR, IS THIS PROPERTY -- VACANT PROPERTY UNSAFE AND A NUISANCE UNDER THE
>> AND DID MS. D'AMATO'S TELL YOU THAT SHE WANTS THE CITY TO
BOARD UP THE PROPERTY? >> YES MA'AM, SHE DID.
>> AND WHY IS THAT? >> SHE IS ON DISABILITY AT THE MOMENT SO SHE DOES NOT HAVE THE FINANCIAL MEANS TO BOARD UP THE PROPERTY. NEITHER DOES THE PROPERTY OWNER.
>> I HAVE NOTHING FURTHER FOR THIS WITNESS. DID YOU HAVE
ANYTHING FOR THIS WITNESS? >> NO, THANK YOU.
>> DO YOU HAVE ANYTHING ELSE YOU WOULD LIKE TO ADD?
>> NO MA'AM, THAT'S IT. >> THANK YOU.
>> MS. D'AMATO'S -- WOW, THIS IS ANDREA AGAIN. I'M GOING TO ASK YOU A FEW QUESTIONS AND THEN IF YOU HAVE SOMETHING YOU WOULD LIKE TO ADD, YOU CAN. IF NOT, THE MAGISTRATE CAN ASK YOU SOME QUESTIONS AND SHE CAN MOVE TO HER RULING. SO YOU ARE THE AGENT OR ATTORNEY IN FACT FOR NORMAN LAVOIE UNDER A GENERAL DURABLE POWER OF ATTORNEY? IS THAT CORRECT?
>> YES. IT'S FULL POWER OF ATTORNEY.
>> YES, GENERAL, AND IT'S BEEN PLACED INTO EVIDENCE. THANK YOU. AND WHERE IS MR. LAVOIE AT THIS TIME?
>> HE'S INCARCERATED IN MIAMI.
>> AND WHEN IS HE SUPPOSED TO GET RELEASED?
[00:15:02]
>> OCTOBER 1ST OF 2025. >> IS HIS HOME AT 328 NORTH
15TH STREET VACANT? >> IT'S SUPPOSED TO BE AT
PRESENT, YES. >> DOES ANYONE HAVE THE RIGHT TO OCCUPY THE HOME OTHER THAN MR. LAVOIE ON HIS RELEASE?
>> NO, TO ANSWER YOUR QUESTION. NO, NOBODY ELSE IS STAYING
THERE . >> THANK YOU. DO YOU AGREE THAT UNLESS THE PROPERTY IS BOARDED UP, IT IS UNSAFE?
>> YES. >> DID YOU RECEIVE NOTICE FROM THE CITY OF FORT PIERCE THAT THE PROPERTY NEEDED TO BE BOARDED UP BECAUSE IT IS VACANT?
>> YES. >> HAVE YOU BOARDED UP THE
PROPERTY? >> NO, I WAS UNABLE TO BECAUSE I AM DISABLED AND NOT ON DISABILITY. I WAS PREVIOUSLY BUT NOW I'M OF THE AGE OF RETIREMENT.
>> SO YOU ARE UNABLE TO BOARD UP THE PROPERTY YOURSELF.
THAT'S YOUR TESTIMONY, CORRECT?
>> CORRECT. >> DO YOU UNDERSTAND THAT IF THE CITY BOARDS UP THE PROPERTY UNDER THE CITY'S NUISANCE ABATEMENT PROGRAM, THE OWNER OF THE PROPERTY WILL BE CHARGED WITH THE COST OF THE BOARD UP?
>> I'M SORRY, YOU ARE BREAKING UP. CAN YOU STAND STILL AND SEE IF WE CAN GET A GOOD SIGNAL? NO?
>> CAN YOU HEAR ME NOW? >> THERE YOU GO. I'LL ASK YOU A QUESTION. IT'S A YES OR NO QUESTION. DO YOU UNDERSTAND THAT IF THE CITY BOARDS OF THE PROPERTY UNDER THE NUISANCE ABATEMENT PROGRAM, THE OWNER OF THE PROPERTY WILL BE CHARGED WITH THE COST OF THE BOARD UP? DO YOU UNDERSTAND THAT ?
>> YES. >> DO YOU UNDERSTAND THAT IF THE CITY HAS NOT PAID FOR THE COST WITHIN 30 DAYS, THERE WILL BE A LIEN PLACED ON THE PROPERTY? DO YOU UNDERSTAND
>> AND IN ADDITION TO THE BOARD UP COSTS, INTEREST MAY ACCRUE AND BE ADDED TO THE LIEN. DID YOU UNDERSTAND THAT?
>> NO I DIDN'T KNOW THAT. >> DO YOU UNDERSTAND IT NOW?
>> YES. >> WITH THIS UNDERSTANDING, DO YOU CONSENT TO THE CITY BOARDING UP THIS PROPERTY?
>> I CONSENT TO THE CITY BOARDING UP THE PROPERTY BUT I REQUEST THAT THEY POSSIBLY BE LENIENT AND DO A ONE TIME FEE, BECAUSE OF THE CIRCUMSTANCES. AND WHAT I MEAN BY THAT IS NORMAN LAVOIE WAS MAINTAINING THE PROPERTY UNTIL HE BECAME INCARCERATED AND THE VANDALS CREATED THE CODE ENFORCEMENT
VIOLATIONS. >> I UNDERSTAND. THE QUESTION WAS DID YOU REQUEST THAT THE CITY BOARD UP THE PROPERTY?
>> YES >> AND DO YOU CONSENT TO THE CITY BOARDING UP THE PROPERTY?
>> YES. >> AND I'M GOING TO ASK MS. RAS, DO WE KNOW APPROXIMATELY WHAT THAT'S GOING TO COST?
>> TO ANSWER YOUR QUESTION, NO WE DON'T HAVE AN IDEA OF WHAT THAT'S GOING TO COST. I CAN TELL YOU THAT WHEN MR. LAVOIE IS ABLE TO REOCCUPY THE HOME HE CAN REACH OUT AND CONTACT US, AND WE CAN WORK WITH HIM ON ADDRESSING ANYTHING THAT'S ACCRUED WHILE HE WAS INCARCERATED. SO WE ARE TAKING EMERGENCY STEPS AND WHATEVER FEES AND WHAT NOT IN PLACE WILL BE PLACED ON THE PROPERTY, BUT HE IS ABLE TO REACH OUT AND DISCUSS THOSE WITH US WHEN HE COMES BACK.
>> YOU UNDERSTAND THAT, MS. LAVOIE?
>> YES . >> SO IS IT STILL YOUR REQUEST THAT THE CITY PROCEED WITH BOARDING UP THE PROPERTY AS
>> I HAVE NOTHING FURTHER FOR THIS WITNESS. SPECIAL MAGISTRATE, DO YOU HAVE ANY QUESTIONS?
>> I DON'T. DO YOU, MA'AM, HAVE ANY QUESTIONS AT THIS
POINT? >> I HAVE ONE QUESTION.
>> OKAY. >> IN REGARDS TO THE SQUATTERS THAT INTRUDED INTO THE PROPERTY, HAS IT BEEN ESTABLISHED THAT THEY WERE THERE DRUGS THAT THEY BROUGHT
INTO THE PROPERTY? >> I'M SORRY, THAT CASE IS UNDER ACTIVE INVESTIGATION WITH THE POLICE DEPARTMENT. NOBODY WHO IS HERE IN THE CHAMBERS KNOWS THAT ANSWER OR COULD GET ACCESS TO THOSE ANSWERS, BECAUSE THERE IS AN ACTIVE
POLICE INVESTIGATION. >> OKAY.
>> SO ONCE THAT INVESTIGATION IS OVER, YOU CAN REQUEST THE RECORDS FROM THE FT. PIERCE POLICE DEPARTMENT.
>> OKAY. >> ALL RIGHT. IF THERE'S NOTHING FURTHER, IS THERE NOTHING FURTHER? SPECIAL
MAGISTRATE? >> NO, I JUST WANTED TO MAKE SURE SHE HAD NO FURTHER QUESTIONS.
>> I HAVE ONE MORE QUESTION. THERE WAS INDICATION THAT THE POWER WAS NOT ON. I MYSELF, EVER SINCE NORMAN LAVOIE HAS
[00:20:07]
BEEN INCARCERATED, HAS BEEN PAYING MONTHLY THE PAYMENT, BASED ON HIS REQUEST, BECAUSE HE WANTED IT TO BE AVAILABLE WHEN HE GETS BACK OUT. SO THAT'S WHY IT WAS LEFT ON.>> THANK YOU MS. DEMATOS. I WILL TELL YOU FOR THE RECORD THAT THE BUILDING DEPARTMENT IS NO LONGER PURSUING THE CASE INVOLVING THE ELECTRICITY. I DON'T KNOW WHAT HAPPENED TO THE POWER, BUT YOU WILL NOT BE CHARGED FOR NOT HAVING POWER AT THAT RESIDENCE BY THE CITY OF FORT PIERCE.
>> OKAY. >> SO IN DRAFTING YOUR ORDER, THE CITY OF FORT PIERCE IS ASKING FOR SOME SPECIFIC BINDING . SPECIAL MAGISTRATE, AND I APOLOGIZE, THEY ARE NOT EXACTLY WHAT IS WRITTEN ON THE SCREEN. THE CITY ASKS THE SPECIAL MAGISTRATE TO MAKE THE FOLLOWING FINDINGS. NUMBER ONE, THAT A NUISANCE CONDITIN EXISTS IN VIOLATION OF THE CODE OF ORDINANCES. NUMBER TWO, SUCH NUISANCE CONDITION POSES AN IMMINENT THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, AND NUMBER THREE, THE OWNER OF THE PROPERTY THROUGHHIS AGENT BY GENERAL DURABLE POWER OF ATTORNEY WAIVES HIS RIGHT TO ABATE THE NUISANCE AND CONSENT TO THE CITY ABATING THE NUISANCE UNDER THE CITY'S NUISANCE ABATEMENT PROGRAM. THE CITY ASKS SPECIAL MAGISTRATE TO MAKE THE FOLLOWING ORDER. IF THE NUISANCE IS NOT ABATED BY THE ORDER WITHIN 15 HOURS OR BY 7:00 A.M. ON SEPTEMBER 26TH, THE CITY IS ORDERED TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION, THE COST OF WHICH IS TO BE ASSESSED AGAINST
THE PROPERTY. >> I FIND THAT THE NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES, THAT SUCH NUISANCE CONDITIN POSES AN IMMINENT THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AND THAT, THREE, THE OWNER OF THE PROPERTY THROUGH HIS AGENT, BUT GENERAL POWER OF ATTORNEY, USING EVIDENCE, WAIVES HIS RIGHT TO ABATE THIS NEW SIS AND CONSENTS TO THE CITY ABATING THE NUISANCE UNDER THE CITY'S NUISANCE ABATEMENT PROGRAM. IF THE NUISANCE IS NOT ABATED BY THE OWNER WITHIN 15 HOURS OR BY 7:00 A.M., SEPTEMBER 26TH, 2024, THE CITY IS ORDERED TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION, THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY.
THANK YOU. >> 30 DAY RIGHT TO APPEAL.
>> THERE IS A 30 DAY RIGHT TO APPEAL.
>> MS. DEMATOS, A WRITTEN ORDER WILL BE ISSUED, SO YOU WILL RECEIVE A COPY OF THAT WRITTEN ORDER. THANK YOU VERY MUCH FOR YOUR TESTIMONY. OUR HEARING IS CONCLUDED NOW.
>> OKAY. THANK YOU. >> THANK YOU.
[A. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-14 2609 Citrus Ave Isaac Saucedo]
>> OUR NEXT CASE WILL BE NINE AND OTHER CASES, CASE NUMBER
LCL 2014, 2609 CITRUS AVENUE. >> GOOD AFTERNOON . THIS IS CASE NUMBER LTC L-2024-14. THIS IS A LOT CLEARING CASE. THIS IS A 2609 CITRUS AVENUE. THE NOTICE OF VIOLATION AND THE NOTICE TO APPEAR WERE SENT CERTIFIED REGULAR AND THE PROPERTY WAS POSTED. THE OWNER IS AND SHE'S HECTOR OF 2609 CITRUS AVENUE. THE VIOLATIONS ARE 24-19 SUBSECTION 11 A, B, NUMBER 132, NUISANCES FOR LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOS HERE THAT SHOW THE VIOLATIONS ANTICOPY OF THE NOTICE OF
VIOLATION. >> THE CITY MOVES THESE PHOTOS AND THIS DOCUMENT INTO EVIDENCE AT CITY'S COMPOSITE EXHIBIT 1 CONSISTING OF PHOTOGRAPHS TAKEN ON JULY 22ND, AUGUST 26TH, SEPTEMBER 23RD AND THE NOTICE OF VIOLATION.
>> THE PHOTOS PRESENTED IN -- INCLUDING THE NOTICE OF PUBLIC NUISANCE ARE ENTERED AS CITY'S COMPOSITE EXHIBIT 1.
>> ANY CHANGE IN THE PROPERTY SINCE IT WAS ORIGINALLY POSTED?
>> SOME WORK HAS BEEN DONE BUT STILL THERE'S A LOT OF AREAS THROUGHOUT THE PROPERTY THAT IT'S OVERGROWN. I MEAN THROUGHOUT THE FENCE IT'S COMPLETELY OVERGROWN. THAT HASN'T BEEN TOUCHED AT ALL. THIS CASE WAS RESCHEDULED FOR TODAY'S DATE. WE RESCHEDULED IT BECAUSE THE OWNER WAS HAVING SOME ISSUES AND SHE CAN'T GET TO IT ON TIME SO WE EXTENDED
[00:25:01]
IT. WE GAVE HER SOME TIME. I DID GO OUT ON MONDAY AND I REALIZED THAT SOME WORK WAS DONE, HOWEVER, THERE'S STILL LOTS TO DO THROUGHOUT THE PROPERTY. THAT'S ALL I HAVE.>> YOU FIND THE NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND SUCH NUISANCE POSES A THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, THAT THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATOR WILL BE GIVEN UNTIL OCTOBER 2ND, 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 LANDSCAPE DEBRIS CREATED BY BRINGING THE PROPERTY INTO COMPLIANCE. FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY, BE ASSESSED FOR EACH DAY THE VIOLATION CONTINUES FOR THE CITY IS TO TAKE WHATEVER STEPS ARE NECESSARY TO ABATE THE NUISANCE, THE COST OF WHICH TO BE ASSESSED AGAINST THE PROPERTY AND THERE IS A 30 DAY
[B. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-164 N 19th ST (2409-602-0244-000-1) Manuel Fernandez Jr.]
RIGHT TO APPEAL. >> THANK YOU.
>> OUR NEXT CASE IS 9B AND OTHER CASES, LTC L 2024-164,
NORTH 19TH STREET. >> TODAY BEFORE YOU I HAVE CASE NUMBER LTC L-2024-164 NORTH 19TH STREET. PARCEL I.D.
2409-602-60244 -00-ONE. THIS IS A LOT CLEARING DEBATE. THE CASE WAS ESTABLISHED ON SEPTEMBER 2ND, 2024 OF THE NOTICE OF VIOLATION AND NOTICE TO APPEAR WERE SENT CERTIFIED AND REGULAR MAILING AS WELL AS POSTED ON THE PROPERTY. THE OWNER CAME BACK TO AN 1865 REALTY GROUP LLC. THEY WERE CITED FOR 24-19 SUBSECTIONS 11 A AND B, NUISANCES, LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOS INTRODUCED THAT ARE DATE AND TIME STAMPED ACCURATELY TO PRINT TECHED THE VIOLATION OF THE WITNESS INCLUDING THE COPY OF THE NOTICE OF VIOLATION SENT TO THE
OWNER. >> PHOTO IS DATED SEPTEMBER 9TH. SEPTEMBER 19TH. SEPTEMBER 23RD. AND A COPY OF THE NOTICE OF VIOLATION. THE CITY MOVE THESE INTO EVIDENCE AT CITY'S COMPOSITE EXHIBIT 1. PHOTOS SUBMITTED INCLUDING THE NOTICE OF PUBLIC NUISANCE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1. I FIND THAT THE NUISANCE CONDITION EXISTS IN VIOLATION OF 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 IS TO BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATOR IS GIVEN UNTIL OCTOBER 2ND, 2024, TO CLEAN OFF THE FENCE LINE OF ANY GRASS AND WEEDS AND TRIM THE TREES AT THE REAR OF THE PROPERTY, REMOVE ALL TRASH AND DEBRIS LANDSCAPE DEBRIS GENERATED FROM BRINGING THE PROPERTY UNDER COMPLIANCE.
FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY TO BE ASSESSED FOR EACH DAY THE VIOLATION CONTINUES. THE CITY IS TO TAKE WHATEVER STEPS ARE NECESSARY TO ABATE THE NUISANCE, THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY. THE VIOLATOR HAS A 30 DAY RIGHT TO APPEAL.
>> THANK YOU. >> OUR NEXT CASE IS LETTER 9C
[C. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-165 434 N 19th ST (2409-603-0073-000-4) Manuel Fernandez Jr.]
END OF THE CASES, CASE NUMBER LCL 2020 4-1 65 434 NORTH 19TH.[00:30:03]
>> THIS IS CASE NUMBER LTC L-2024-165 AT 434 NORTH 19TH STREET. THIS IS A LOT CLEARING. THE CASE WAS ESTABLISHED ON SEPTEMBER 4TH, 2024, A NOTICE OF VIOLATION AND THE NOTICE TO APPEAR WERE BOTH SENT CERTIFIED AND REGULAR MAILING AND POSTED ON THE PROPERTY. THE OWNER CAME BACK AS SOON AVAGYAN. THEY WERE CITED FOR 24 -19 SUBSECTIONS 11 A AND B, LANDSCAPING REQUIREMENTS ACROSS THREE ACRE PROPERTIES. I DO HAVE PHOTOS TO INTRODUCE THAT ARE DATE AND TIME STAMPED AND ACCURATELY PRESENT THE VIOLATIONS OF THE WITNESS.
>> PHOTOGRAPH DATED SEPTEMBER 9TH, SEPTEMBER 19TH, SEPTEMBER 23RD ALONG WITH A COPY OF THE NOTICE OF VIOLATION. THE CITY MOVE THESE INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT.
>> PHOTOS INCLUDING THE NOTICE OF PUBLIC NUISANCE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1. WE FIND THAT 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, THAT THE NUISANCE BE ADDRESSED TO THE CITY'S NUISANCE ABATEMENT PROGRAM. VIOLATOR GIVEN UNTIL OCTOBER 2ND, 2024, TO CUT ALL GRASS AND WEEDS AS NEEDED, TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS DEFINED IN THE NOTICE OF VIOLATION, AND REMOVAL OF TRASH AND DEBRIS INCLUDING LANDSCAPE DEBRIS PRODUCED OR GENERATED BY BRINGING THE PROPERTY INTO COMPLIANCE. FAILURE TO COMPLY WILL RESULT IN A FINE OF $100 A DAY BEING ASSESSED FOR EACH DAY THAT IT CONTINUES. THE CITY IS TO TAKE WHATEVER STEPS ARE NECESSARY TO ABATE THE NUISANCE AND THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY. THE VIOLATOR HAS 30 DAYS TO APPEAL.
[A. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: 23-2314 CE 812 Beach Court Charmaine Kirkland]
>> THANK YOU. >> OUR NEXT CASE IS SEVEN A IN MESSY HEARING. CASE NUMBER 23-2314, EIGHT 12 EACH COURT.
>> I'M GOING TO READ THIS ONE IN OFFICER CHARMAINE KIRKLAND IS HERE IF THERE'S ANY QUESTIONS, AS THE INITIATING OFFICER.'S THIS WAS CASE NUMBER 23-2314. ADDRESSES EIGHT 12 EACH COURT AND WAS INITIATED BY OFFICER CHARMAINE KIRKLAND.
IT WAS INITIATED ON AUGUST 3RD, 2024, AND IS BEFORE YOU FOR A MESSY HEARING OR FIND REDUCTION. THE OWNER IS 812 EACH COURT LLC AND THE VIOLATIONS WERE IP MC 304.1, EXTERIOR STRUCTURE GENERAL AND SECTION 24-19, 24-20, 24-21 1 AND 5, NUISANCE AS AN OBJECT, OUTSIDE STORAGE. ON NOVEMBER 15TH, 2023, THE SPECIAL MAGISTRATE FOUND VIOLATIONS EXISTED TO PROVIDE 30 DAYS TO COMPLY OR BE FINED $100 PER DAY. AND HENRY 17TH, 2024, THE AFFIDAVIT OF NONCOMPLIANCE WAS ISSUED BY THE CODE OFFICER AND ON JANUARY 23RD, 2024, A NOTICE OF THE FINE WAS SENT TO THE OWNER. ON FEBRUARY 2ND RECEIVED A RESPONSE TO OUR MESSY LETTER IN WHICH THE OWNER LISTED A RESPONSE TO COMPLY AND ON MAY 2ND, 2024, THE PROPERTY WAS BROUGHT INTO COMPLIANCE. THE TOTAL AMOUNT OF THE FINES IS $11,020. THEY ARE JUST FINE SAND THERE BEFORE YOU TODAY FOR THAT MESSY HEARING TO ADDRESS THOSE FINES. PER THE RULES, THE THREE ITEMS TO BE TAKEN UNDER CONSIDERATION ARE THE GRAVITY OR SERIOUSNESS OF THE VIOLATION, WHICH WERE MODERATE.
THERE WAS OUTSIDE STORAGE AND SOME ROTTEN WOOD. THERE WAS OUTSIDE STORAGE ON A CARPORT AND THEN SOME ROTTEN WOOD AND THE ROTTEN WOOD WAS REPAIRED, AND THE ITEMS WERE SCREENED FROM VIEW. AND IN ANY PREVIOUS VIOLATIONS THAT WERE COMMITTED, WE HAD ONE CODE CASE BACK IN 2019, BUT IT WAS CLOSED IN THREE MONTHS AND THE RECOMMENDATION IS UP TO THE SPECIAL MAGISTRATE. I WILL BRING UP THE ADMINISTRATION CHARGES THAT THE CITY ALWAYS CREATES WHEN ADDRESSING ANY TYPE OF REDUCTION REQUEST. THESE ADMINISTRATION REQUESTS COME TO $1018. AND $.20. SO ROUGHLY $1000 AND THE FIND ITSELF IS $11,000. THERE IS A REPRESENTATIVE HERE TODAY TO
EXPLAIN MORE. >> IS THE REPRESENTATIVE THE OWNER OF 812 EACH COURT HERE? WOULD YOU LIKE TO COME UP TO
[00:35:10]
>> CAN YOU SPELL YOUR NAME? >>
>> DO WE HAVE A REPRESENTATION LETTER FROM THE OWNER OF THE
PROPERTY? >> NO MAN. SINCE IT'S AN LLC, MY UNDERSTANDING WAS THAT SHE WAS PART OF THE LLC.
>> OKAY. CAN YOU TELL ME HOW YOU ARE RELATED TO THE OWNER OF
>> THE PROPERTY IS OWNED BY A COMPANY. DO YOU OWN THE COMPANY? ALL RIGHT. AND DO YOU HAVE ANY TESTIMONY YOU WOULD LIKE TO GIVE THE SPECIAL MAGISTRATE ABOUT REDUCING THE AMOUNT OF FINES THAT WERE PUT ON THE PROPERTY?
>> NO. >> YOU DO NOT WISH TO GIVE ANY
>> OKAY. THANK YOU. >> IT'S A MASSEY HEARING AND THERE ARE THREE PARTS TO THE REDUCTION CRITERIA. YOU NEED TO CONSIDER THOSE THREE ITEMS AND SET THE FINE ACCORDINGLY.
>> THE COSTS ALONE TO THE CITY WERE $1018.20. I'M GOING TO FIND THAT THAT AMOUNT PLUS ANOTHER $1000 FROM THE FINE ITSELF, SO $2018.20 WOULD BE DUE IN 30 DAYS.
>> YES MA'AM. >> AND IF IT'S NOT PAID IN 30 DAYS THEN IT REVERTS TO THE ORIGINAL AMOUNT. IS THAT ENOUGH TIME FOR YOU, FOR THAT AMOUNT TO BE PAID?
>> THE SPECIAL MAGISTRATE IS GIVING YOU 30 DAYS TO PAY THAT.
WILL YOU BE ABLE TO COMPLY WITH THAT?
>> NO. >> DO YOU NEED 60 DAYS?
>> OH YES, 60 DAYS. >> WOULD YOU BE ABLE TO COMPLY
WITH 60 DAYS? ALL RIGHT. >> SO YOU'LL HAVE 60 DAYS TO PAY IT AND MAKE SURE YOU DO OR IT REVERTS TO THE ORIGINAL FINE AMOUNT WHICH WOULD BE ANOTHER $10,000 MORE. YOU DO HAVE 30 DAYS TO APPEAL BEFORE YOU DECIDE TO DO THAT.
>> AND THERE WILL BE A WRITTEN ORDER MAILED TO THE PROPERTY OWNER THAT SAYS EXACTLY THE AMOUNT, CORRECT?
>> CORRECT, MADAM CLERK. YES MA'AM.
>> THANK YOU. >> OUR NEXT CASE IS 90.
[D. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-167 421 N 20th ST (2409-603-0046-000-6) Manuel Fernandez Jr.]
>> HAVE A GOOD ONE. >> OUR NEXT CASE IS NINE BE IN OTHER CASES, L PCL 2024-167, 421 NORTH 20TH STREET.
>> THIS IS CASE NUMBER L PCL-2024-167 AT 421 NORTH 20TH STREET THIS IS A LOT CLEARING. THE CASE WAS ESTABLISHED ON SEPTEMBER 4TH, 2024. THE NOTICE OF VIOLATION AND AN ORDER TO APPEAR WERE SENT CERTIFIED AND REGULAR MAILING AS WELL AS POSTED ON THE PROPERTY. THE OWNERS CAME BACK TO A JACOB VERY JR., CELESTINO B ROUNDTREE, GLORIA DICKERSON.
THEY RESIDE AT 24-19 SUBSECTIONS 11 A AND B, NUISANCES, AND SKIPPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOS INTRODUCED AND ARE BEING TIME STAMPED TO DEPICT THE VIOLATION OF THAT WITNESS.
>> ALL RIGHT. WE HAVE PHOTOGRAPHS DATED SEPTEMBER 9TH, SEPTEMBER 19TH AND SEPTEMBER 23RD . THE CITY MOVES THESE PHOTOGRAPHS AND THE NOTICE OF VIOLATION INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE.
>> THOSE SUBMITTED WILL BE INCLUDING A NOTICE ENTERED AS CITY'S COMPOSITE EXHIBIT 1. BASED ON THE PHOTOS AND THE
[00:40:05]
TESTIMONY, I FIND THAT A NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE POSES A THREAT TO THE PUBLIC SAFETY, HEALTH AND WELFARE OF THE COMMUNITY. THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM AND THAT THE VIOLATOR BE GIVEN UNTIL OCTOBER 2ND, 2024, TO CUT THE HIGH GRASS AND WEEDS AS NEEDED, FROM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE OF VIOLATION, REMOVE ALL TRASH AND DEBRIS INCLUDING THE LANDSCAPE DEBRIS CREATED BY BRINGING THE PROPERTY INTO COMPLIANCE. FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY TO BE ASSESSED FOR EACH DAY A VIOLATION CONTINUES. THE CITY IS TO TAKE THE NECESSARY STEPS TO BRING THIS NUISANCE INTO COMPLIANCE AND THE COST OF THAT WILL BE ASSESSED AGAINST THE VIOLATOR -- AGAINST THE PROPERTY. AND THERE IS A 30 DAYRIGHT TO APPEAL. >> OUR NEXT CASE IS LETTER 9E
[E. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-171 1402 S 25th St (2416-602-0209-000-6) Manuel Fernandez Jr.]
IN OTHER CASES, L PCL 24-2021 SOUTH FIFTH STREET.>> THIS IS CASE NUMBER L PCL-2024-171 AT 1402 SOUTH 25TH STREET. THIS IS A LOT CLEARING. THE CASE WAS ESTABLISHED ON SEPTEMBER 5TH, 2024 POINT THE NOTICE OF VIOLATION AND THE NOTE TO APPEAR WERE SENT CERTIFIED AND REGULAR MAILING AS WELL AS POSTED ON THE PROPERTY. THE OWNER CAME BACK TO AN H AND AND 669 PRIMA VISTA LLC. THEY RESIDE 24-19 SUBSECTIONS 11 A AND B, NUISANCES AND LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOS TO INTRODUCE DATE AND TIME STAMPS TO ACCURATELY DEPICT THE VIOLATION AS I WITNESSED.
>> PHOTOGRAPHS STATED SEPTEMBER 9TH, SEPTEMBER 19TH AND SEPTEMBER 23RD AS WELL AS A COPY OF THE NOTICE OF VIOLATION. CITY MOVES THESE DOCUMENTS INTO EVIDENCE. THE
CITY'S COMPOSITE EXHIBIT 1. >> PHOTOGRAPHS INCLUDING THE NOTICE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT 1.
>> ANY CHANGE IN THE PROPERTY SINCE THE FIRST TIME YOU --
>> THEY HAVE CUT THE OVERGROWN GRASS BUT THE TREES AND SHRUBS AND BUSHES STILL NEEDED TO BE ADDRESSED.
>> AND IT SAYS TO THE STANDARDS IDENTIFIED ON THE NOTICE OF
>> WHICH MEANS WHAT? >> SEVEN FEET FROM THE GROUND
UP FOR VISIBILITY. >> I FIND THAT THE NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES, THAT SUCH NUISANCE CONDITION POSES A THREAT TO PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AND THAT THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATOR WILL BE GIVEN UNTIL OCTOBER 2ND, 24, TO TRIM THE TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE AND REMOVE ALL THE TRASH AND DEBRIS INCLUDING LANDSCAPE DEBRIS GENERATED BY BRINGING THE PROPERTY INTO COMPLIANCE.
FAILURE TO DO SO BY THE DATE ORDERED WILL RESULT IN A FINE OF $200 A DAY FOR EACH DAY THE CONDITION CONTINUES. THE CITY IS TO TAKE WHATEVER STEPS NECESSARY TO ABATE THE CONDITIONS AND THE PROCESS THAT WILL BE ASSESSED AGAINST THE PROPERTY. VIOLATOR HAS A 30 DAY RIGHT TO APPEAL.
>> SPECIAL MAGISTRATE, BEFORE WE MOVED TO OUR NEXT CASE, THE CITY WOULD LIKE TO MAKE A MOTION TO AMEND THE ORDER THAT WAS ENTERED IN 23-2314 812 BEACH COURT. THE CITY WOULD LIKE TO AMEND THE ORDER TO ALLOW THE VIOLATOR 90 DAYS TO
PAY. >> IF THAT IS ACCEPTABLE TO THE
SPECIAL MAGISTRATE. >> YES. 90 DAYS.
[G. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-141 504 Granada Street Heather Debevec]
>> THE NEXT CASE IS 9 T AND S, L PCL 2024, 501 GRANADA STREET.
>> SPECIAL MAGISTRATE, THIS IS A LOT CLEARING CASE 24 21 504 GRANADA STREET. THE PIECE WAS INITIATED ON AUGUST 27TH OF THIS YEAR. NOTICE OF VIOLATION AND NOTICE OF HEARING WILL
[00:45:04]
FOCUS ON CERTIFIED AND REGULAR MAIL AND POSTING TO THE PROPERTY. THE PROPERTY OWNER IS A JOSEPH NK COKE. IT'S FOR 2419 SUBSECTIONS 11, A, B AND 11, LANDSCAPE REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOS.>> CITY MOVES THESE PHOTOGRAPHS INTO EVIDENCE. THE CITY'S COMPOSITE EXHIBIT ONE CONSISTING OF PHOTOGRAPHS TAKEN ON SEPTEMBER 5TH. THE COPY OF THE NOTICE OF VIOLATION AND PHOTOGRAPHS TAKEN ON SEPTEMBER 23RD.
>> PHOTOS SUBMITTED WILL BE ENTERED INCLUDING THE NOTICE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.
>> THE -- THERE'S NO ONE HERE FOR THE VIOLATOR IN THIS CASE.
CAN YOU CONFIRM THAT THE NOTICE TO APPEAR WAS ISSUED ON SEPTEMBER 5TH? AND SENT CERTIFIED AND REGULAR MAIL AS WELL AS POSTED AT THE PROPERTY? THANK YOU.
>> I FOUND THAT 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. THAT THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM AND THAT THE VIOLATOR BE GIVEN UNTIL OCTOBER 2ND, 2024, TO TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS DEFINED IN THE NOTICE OF VIOLATION. AND ALSO REMOVE ALL TRASH AND DEBRIS INCLUDING LANDSCAPE DEBRIS GENERATED BY BRINGING THE PROPERTY INTO COMPLIANCE. FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY TO CONTINUE AS LONG AS THE VIOLATION DOES. THE CITY IS TO TAKE WHATEVER STEPS ARE NECESSARY TO ABATE THIS NUISANCE, THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY. THERE IS A 30 DAY
RIGHT TO APPEAL. >> OUR NEXT CASE IS 98 AND
[H. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL2024-147 Hernando St 240150500030008 Heather Debevec]
OTHER CASES,-147 HERNANDO STREET.>> SPECIAL MAGISTRATE, THIS WAS A LOT CLEARING 2024 147 HERNANDO STREET, 2401-505-000 THREE 0008. IT'S A LOT CLEARING CASE INITIATED ON OCTOBER 27TH OF THIS YEAR. THE NOTICE OF VIOLATION AND THE NOTICE OF HEARING WERE BOTH SENT CERTIFIED AND REGULAR MAIL POSTED TO THE PROPERTY. THE OWNER OF THE PROPERTY IS A DANIEL LONGMAN . VIOLATION IS 2419 SUBSECTIONS 11 A AND B, NUISANCE LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES. I DO HAVE PHOTOS OF WHICH TO SUBMIT. I DID HAVE AN OPPORTUNITY TO SPEAK WITH MR. LONGMAN EARLIER THIS WEEK. HE DID RECEIVE NOTICE. HE IS TRYING TO GET SOMEBODY TO TAKE CARE OF IT, UNFORTUNATELY IT'S DELAYING HIM JUST A LITTLE BIT.
>> WE HAVE PHOTOGRAPHS DATED SEPTEMBER 5TH AND SEPTEMBER THE 23RD ALONG WITH A COPY OF THE NOTICE OF VIOLATION. THE CITY MOVE THESE INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE.
>> PHOTOS INCLUDING THE NOTE, THE PHOTO OF THE NOTICE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE. AND I FIND THAT THE VIOLATION EXISTS AND THAT THE VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE CONDITION POSES A THREAT TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND THAT THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATOR HAS UNTIL OVER SECOND. 2024 TO CUT ALL GRASS AND WEEDS AS NEEDED, FROM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE OF VIOLATION AND REMOVE ALL TRASH AND DEBRIS INCLUDING LANDSCAPE DEBRIS GENERATED FROM BRINGING THE PROPERTY INTO COMPLIANCE. THEY WILL NEED TO COMPLY BY THE DATE ORDERED OR RESULT IN A FINE OF $100 A DAY BEING ASSESSED FOR EACH DAY THE VIOLATION CONTINUES. THE CITY IS TO TAKE WHATEVER STEPS ARE NECESSARY TO ABATE THE NUISANCE AND THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY.
THERE IS A 30 DAY RIGHT TO APPEAL.
>> THANK YOU. >> OUR NEXT CASE IS NINE I AND
[I. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-148 Porpoise Ave 2401505800020001 Heather Debevec]
OTHER CASES, L TCL 2020 4-1 48, COURT PLAY 70.>> THIS IS A LOT CLEARING CASE 2024-148, 2401 505 EIGHT
[00:50:09]
00020001. THIS WAS INITIATED ON AUGUST 27TH OF THIS YEAR. THE NOTICE OF VIOLATION AND NOTICE OF HEARING WERE BOTH SENT CERTIFIED AND REGULAR MAIL AND POSTED TO THE PROPERTY. THE OWNER OF THIS PROPERTY IS ALSO DANIEL LONGMAN. IT IS FOR 2019 SUBSECTIONS 11 A AND B NUISANCE REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES AND AS I EXPLAINED BEFORE, HE'S INAUDIBLE ]>> THE PHOTOGRAPH YOU HANDED UP OUR DATE AND TIME STAMPED INTO THE ACCURATELY DEPICT THE VIOLATION. THE CITY MOVE THESE PHOTOGRAPHS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT 1 CONSISTING OF PHOTOS TAKEN ON SEPTEMBER 5TH AND SEPTEMBER 23RD AND THEY COME WITH A NOTICE OF VIOLATION.
>> PHOTOS INCLUDING THE NOTICE, A COPY OF NOTICE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.
>> I FIND THAT THE NUISANCE EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE IS POSES A THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE. THE COMMUNITY AND THE NEW SYSTEM IS TO BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATOR WILL HAVE UNTIL OCTOBER 2ND 2024 AS NEEDED TO TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE OF VIOLATION AND REMOVE ALL TRASH AND DEBRIS INCLUDING LANDSCAPE DEBRIS GENERATED FROM BRINGING THE PROPERTY INTO COMPLIANCE. FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY BEING ASSESSED FOR EACH DAY THE VIOLATION CONTINUES. THE CITY WILL TAKE WHATEVER STEPS ARE NECESSARY TO BRING THE VIOLATION INTO COMPLIANCE, THE COST OF WHICH IS TO BE ASSESSED
[J. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024- 149 S Ocean Dr 240150500010004 Heather Debevec]
AGAINST THE PROPERTY AND THERE'S A 30 DAY RIGHT TOAPPEAL. >> THE NEXT CASE IS 9J IN OTHER CASES, LTC L 2024-149, SOUTH OCEAN DRIVE.
>> 149. 9J. >> MR. MAGISTRATE, THIS IS A LOT CLEARING CASE 2024 149, SOUTH OCEAN DRIVE, 2401 505 00 010004. IT WAS INITIATED ON AUGUST 27TH OF THIS YEAR.
NOTICE OF VIOLATION AND NOTICE OF HEARING WERE BOTH SENT CERTIFIED AND REGULAR MAIL POSTED TO THE PROPERTY AS WELL.
DANIEL LONGMAN VIOLATION 24-19 SUBSECTIONS 11 A AND B, NUISANCE LANDSCAPING REQUIREMENTS FOR LESS THAN
THREE ACRE PROPERTIES. >> THESE FILTERS ARE DATE STAMPED AND DO THEY ACCURATELY DEPICT THE VIOLATION THAT YOU
TESTIFIED TO ON THOSE DATES? >> YES MA'AM.
>> PHOTOS ARE DATE STAMPED SEPTEMBER 5TH AND SEPTEMBER 23RD AND THERE IS A COPY OF A NOTICE OF VIOLATION. MOVE THIS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE.
>> PHOTOS INCLUDING THE NOTICE ARE ENTERED IN THE CITY'S COMPOSITE EXHIBIT ONE. FIND THAT THE VIOLATION, THAT THE NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THAT SUCH NUISANCE CONDITION POSES A THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, THAT THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATOR HAS UNTIL OCTOBER 2ND, 2024, TO CUT ALL GRASS AND WEEDS AS NEEDED, TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS IDENTIFIED IN THE NOTICE TRASH AND DEBRIS IN ELUDING THE LANDSCAPE DEBRIS CREATED BY BRINGING THE PROPERTY INTO COMPLIANCE. FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY BEING ASSESSED FOR EACH DAY THE VIOLATION CONTINUES. THE CITY IS TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION, THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY AND THE VIOLATOR HAS A 30 DAY RIGHT TO APPEAL.
[K. CASE NO.: VIOLATION LOCATION (ADDRESS PID): INVESTIGATING OFFICER: LTCL-2024-168 1401 San Diego Ave Heather Debevec]
>> OUR LAST CASE FOR TODAY WILL BE 9K AND OTHER CASES, LTC L 2024-168, 1401 SAN DIEGO AVENUE.
>> SPECIAL MAGISTRATE, THIS IS A LOT CLEARING CASE 2024-168 FOR 1401 SAN DIEGO AVENUE. IT WAS INITIATED ON SEPTEMBER 5TH OF 2024. IT WAS NOTICE OF VIOLATION AND NOTICE OF HEARING
[00:55:04]
WERE BOTH SENT CERTIFIED AND REGULAR MAIL AND POSTED TO THE PROPERTY. THE OWNER OF THE PROPERTY IS NATHANIEL BAILEY AND HELEN RENEE MCDONALD. IT'S FOR 2419 SUBSECTION LESS THAN THREE ACRES. I DO HAVE PHOTOS WHICH TO SUBMIT.>> TO THE PHOTOGRAPHS ACCURATELY DEPICT THE VIOLATION
>> THE PHOTOGRAPH DATED SEPTEMBER 6TH AND A COPY OF THE NOTICE OF VIOLATION. TWO COPIES OF THE NOTICE OF VIOLATION. AND SEPTEMBER 23RD, THE CITY MOVES THESE DOCUMENTS INTO EVIDENCE AS CITY'S COMPOSITE EXHIBIT ONE. PHOTOS SUBMITTED INCLUDING THE NOTICE WILL BE ENTERED AS CITY'S COMPOSITE EXHIBIT ONE.
>> I FIND THAT A NUISANCE CONDITION EXISTS IN VIOLATION OF THE CITY'S CODE OF ORDINANCES AND THAT SUCH NUISANCE POSES A THREAT TO BE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, AND THE NUISANCE BE ADDRESSED THROUGH THE CITY'S NUISANCE ABATEMENT PROGRAM, THE VIOLATOR WILL BE GIVEN UNTIL OCTOBER 2ND TO CUT ALL GRASS, 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 LANDSCAPE DEBRIS CREATED BY BRINGING THE PROPERTY INTO COMPLIANCE.
FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 A DAY BEING ASSESSED FOR EACH DAY THE VIOLATION CONTINUES. THE CITY IS TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION, THE COST OF WHICH WILL BE ASSESSED AGAINST THE PROPERTY AND THERE IS A 30 DAY RIGHT TO APPEAL.
>> THANK YOU. >> IDENTIFICATION OF CASES AND
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
COMPLIANCE RESCHEDULED, THESE WILL ALL BE A LOT CLEARING AND NUISANCE CASES SO I'M NOT GOING TO SAY THE LTC L IN FRONT OF THE CASE NUMBER. 2024-162, 423 NORTH 19TH STREET 2024-163, 431 NORTH 19TH STREET. 2024-169, 312 NORTH 18TH STREET. 2024-172, 2406 NEBRASKA AVENUE. 2024-173, 2313 MISSISSIPPI AVENUE. 2024-134, 1512 AVENUE J. 2024-175, TO BE DETERMINED. 20 FOUR 0480100400007. THAT THE PARCEL NUMBER. 2024-145 GRANADA STREET. 2024-142, GRANADA STREET. 2024-143, GRANADA STREET. 2024-144, GRANADA STREET. 2024-160, 313 NORTH 17TH STREET. 2024-157, 1408 NORTH 10TH STREET. 2024-146, GRANADA STREET. 2024-2, 2040 SOUTH U.S. HIGHWAY 1. 2024-170 NORTH 26TH STREET AND 2024-181, AVENUE L. FOR CASES REQUIRING A HEARING FOR STATE STATUTE 162 .12 A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE. IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT MAILING WITH THE NOTICE ENCLOSED DESCENT TO THE VIOLATOR REGULAR U.S. MAIL. 10 DAYS PRIOR TO THE HEARING A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL A NOTICE OF HEARING IS ALSO POSTED ON THE PROPERTY IN QUESTION. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE, MAILING OF THE NOTICE AND HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN 10 DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL AND I JUST WANTED TO SAY FOR THE RECORD I BELIEVE THAT MAYBE THE FIRST TWO MINUTES OR THREE MINUTES OF THE HEARING MIGHT HAVE BEEN ON MUTE SO FOR THE RECORD WE DID STAND UP FOR THE PLEDGE OF ALLEGIANCE AND WE DID SWEAR EVERYONE IN[01:00:01]
THAT WAS PLEASANT PRESENT TODAY.>> OKAY. THANK YOU. NOTHING ELSE.
>> THANK YOU. >> THE SPECIAL MAGISTRATE HEARING OF SEPTEMBER 25TH IS
* This transcript was compiled from uncorrected Closed Captioning.