[1. CALL TO ORDER]
[00:00:06]
RIGHT? I'M TRYING TO TURN THESE ON. ALL RIGHT. WE'LL GO AHEAD AND CALL TO ORDER THE SPECIAL MAGISTRATE HEARING TODAY FEBRUARY 4TH, 2025 FOR THE CITY OF FORT PIERCE. CODE ENFORCEMENT DIVISION. DOES ANYONE NEED AN INTERPRETER OR ASSISTANCE OF A HEARING DEVICE TODAY? IF SO, BOTH WILL BE PROVIDED TO YOU. GO AHEAD AND INTRODUCE THE PARTIES. I'M SPECIAL MAGISTRATE HEARING JENNIFER. WE HAVE CAT HERE WHO WILL BE DIRECTING THE ORDER OF KEYS IS CALLED . PEGGY IS HER SUPERVISOR OF OUR CODE ENFORCEMENT DEPARTMENT WE HAVE FELICIA HERE WITH US TODAY FROM THE CITY ATTORNEY'S OFFICE AS WELL AS OUR CODE ENFORCEMENT OFFICERS THAT WILL CALL THE CASES IN THE ORDER THEY ARE LISTED ON THE AGENDA. OUR PROCEEDINGS TODAY ARE BEING LIVE STREAMED AND RECORDED. IF YOU HAVE RECEIVED A CITATION OR VIOLATION NOTICE, YOU WILL BE CALLED A RESPONDENT AND YOU WILL BE CALLED TO COME FORWARD WHEN YOUR CASE IS CALLED AND IT'S IMPORTANT THAT YOU UNDERSTAND HOW THESE PROCEEDINGS WILL OCCUR. THE CITY'S FIRST GOING TO PRESENT ITS CASE THROUGH EVIDENCE. THE EVIDENCE MAY INCLUDE TESTIMONY OF CODE ENFORCEMENT OFFICERS, INVESTIGATORS, POLICE WITNESSES INCLUDE PHYSICAL ITEMS SUCH AS PHOTOGRAPHS WHICH BASED ON SUBS EVIDENCE. THERE INAUDIBLE ]. -- FINAL RULING.
ALL PARTIES THEMSELVES IN A CALM AND RESPECTFUL MANNER AT TIMES DURING OUR PROCEEDINGS AND ANY COMMENTS SHOULD BE DIRECTED BACK TO MY DIRECTION
>> IF YOU COULD PLEASE REMAIN STANDING. PLEASE RAISE YOUR RIGHT HAND . YOU SWEAR IN FRONT OF THE -- WILL BE THE TRUTH?
[1. Case Number: 24-1141 Investigating Officer: Heather Debevec Violation Location: 436 N 11th St]
>> YES. >> THANK YOU. TODAY'S GOING TO BE OUR HEARINGS. IT'S PART OF OUR OLD BUSINESS.
[00:05:13]
>> THE ADDRESS THAT YOU TOOK THESE PHOTOGRAPHS THAT?
>> YES, MA'AM. >> THE VIOLATIONS THAT YOU STILL
>> WHAT ARE THE VIOLATIONS THAT ARE STILL PENDING?
>> WE STILL NEED TO REPAIR THE SIDEWALKS WHERE THEY ARE CRACKED AND THEY STILL NEED TO -- THE WALKWAYS. THE BUILDING ITSELF IS NOT IN GREAT SHAPE. THEY NEED TO REPAIR THE ROOF. REPAIR THE WINDOWS. WHERE PIECES OF THE BUILDING ARE MISSING, ROTTING
WOOD AROUND THE FACIAL BOARD. >> THE CITY WILL MOVE INTO EVIDENCE CITY COMPOSITE EXHIBIT ONE.
>> AND JUST TO BE NOTED, I STILL HAVE NOT SEEN ANYTHING IN OUR
SYSTEM FOR PERMITS. >> ACCEPT THIS INTO EVIDENCE.
HAS A RESPONDENT HAD A CHANCE TO SEE THE EVIDENCE?
>> THIS IS THE FIRST I'VE SPOKEN WITH HER IN QUITE SOME
TIME. >> WOULD YOU LIKE TO SEE THE PHOTOGRAPHS THAT WE ARE ADMITTING INTO EVIDENCE TODAY?
>> I'M FAMILIAR WITH THEM. THANK YOU.
>> GO AHEAD AND ADMIT THESE INTO EVIDENCE THEN. IS THERE ANY OTHER EVIDENCE THAT THE CITY WISHES TO PRESENT AT THIS TIME?
>> WE WILL HEAR FROM THE RESPONDENT THEN.
>> THANK YOU. GOOD MORNING. I'M PAMELA AND OWNER OF SAID PROPERTY. AS HEATHER HAD STATED BEFORE, I CAME BEFORE YOU ALL IN SEPTEMBER THE 11TH AND WITH THE GRANTING OF 60 DAYS TO MAKE THE NECESSARY CORRECTIONS AND TO RECEIVE THE ISSUANCE OF A PERMIT BECAUSE MOST OF THE VIOLATIONS ARE REQUIRED BY A PERMIT TO BRING INTO COMPLIANCE. SO, COMMENCED TO TAKING CARE OF THE ITEMS AND IN THE ABSENCE OF NOT LOOKING AT -- EXCUSE ME. AT THE DATE, BECAUSE I HAVE A COUPLE OTHER PROJECTS THAT IS GOING ON, HOWEVER, THAT DOES NOT NEGATE THE FACT THAT THERE WAS A DAY THAT I WAS INSTRUCTED THAT IF I NEEDED MORE TIME TO SEND IN THE REQUEST AND THAT TIME GOT BY ME. SO, AS SUCH, WHEN I RECEIVED A NOTIFICATION, I DID RESPOND AND WE DID DO -- ONE OF THE VIOLATIONS WAS TO PRESSURE WASH THE PROPERTY AND TO MAKE THE ADDRESS VISIBLE UPON THE PROPERTY. THAT WE HAVE DONE AND I WAS REQUESTING THAT A REDUCTION OR A WAIVER OF THOSE WITH THAT TIME OF NOVEMBER THE 14TH FOR THOSE FINES AT $250 A DAY TO BE WAIVED. NOW, TO ADDRESS THE PERMITS NOT BEING ACTIVELY IN THE SYSTEM, I DID HAVE TO CHANGE ARCHITECTS AND A NEW ARCHITECT IS BEING INVOLVED AND SHOULD HAVE PLANS FOR ME SO THAT WE CAN RESUBMIT TO THE CITY. BECAUSE IN THE PAST YEAR, WE HAVE SUBMITTED FOR SETS OF PLANS ON THIS VERY PROPERTY TO THE CITY AND THEY WERE SENT BACK FOR REVISIONS AND AS I WAS BEFORE YOU IN SEPTEMBER , WE HAVE RECEIVED THEM BACK TO MAKE ADJUSTMENTS . IT MAINLY THAT THE BUILDING IS NOW A COMMERCIAL BECAUSE IT'S THREE UNITS WHERE'S THE PROPERTY APPRAISALS OFFICE HAS IT LISTED AS TWO UNITS AND WITH THAT , THE CHANGES WERE THE CITY WERE NOT AWARDED BUT THE CITY GRANTED, YES, WE APPROVE THESE PLANS IN 2004 WHICH I WAS NOT THE OWNER AT THAT TIME FOR A THREE UNIT. SO, NOW, THAT HAS BEEN REINSTATED AND THAT IS WHERE WE ARE.
>> IS THERE ANY OTHER EVIDENCE OR TESTIMONY YOU WISH TO
>> ANYTHING THAT THE CITY WOULD LIKE TO PRESENT OTHER THAN A
RECOMMENDATION? >> SPECIAL MAGISTRATE, PER OUR RULES OF PROCEDURE, WE ACTUALLY DON'T HAVE THE ABILITY TO DO ANY TYPE OF REDUCTION OR WAIVER AS LONG AS THE PROPERTY IS NOT IN COMPLIANCE. IT IS WITHIN YOUR PURVIEW, IF YOU WISH TO HOLD --
[00:10:06]
ABATE THE FINES FOR RUNNING FROM A CERTAIN AMOUNT OF TIME OR YOU CAN ALLOW THEM TO CONTINUE TO RUN AND COME BACK AT A CERTAINTIME. >>, TIME DO YOU THINK YOU NEED
TO CONTINUE ? >> I WOULD SAY WITHIN 90 DAYS WE WOULD BE BACK. THE PERMIT WOULD BE ISSUED BECAUSE THIS LAST REVISIONS WERE MAINLY DEALING WITH INSTALL THE SPRINKLERS AND MAKE SURE THAT WE WERE USING THE GUIDELINES OF 2023 FOR THE BUILDING CODES AND, SO, I WOULD IMAGINE AS SOON AS WE MAKE THOSE CHANGES AND SUBMIT THEM THEN WE WOULD HAVE A PERMIT ISSUED AND WE COULD COMMENCE TO WORKING. I WOULD SAY WE ARE GRACIOUSLY AWARDED OR GRANTED A 90 DAY EXTENSION . I WON'T BE COMING
BACK BEFORE YOU ALL. >> SO, YOU THINK YOU CANNOT ONLY GET THE PERMITS ISSUED WITHIN 90 DAYS BUT, TO FULL COMPLIANCE
WITH THE 90 DAYS? >> OR START WORKING TO BE IN COMPLIANCE AT LEAST BECAUSE WITH THE ROOFING WE HAD THE DRYING COMPLETED AND WE SHOULD HAVE JUST CONTINUED WITH THE FULL ROOF REPLACEMENT. SO, WE'RE JUST GOING TO HAVE TO REDO THAT ROOF AND THEN JUST START WORKING ON THE SIDEWALKS JUST TO TRY TO ADDRESS SOME OF THE OBVIOUS VIOLATIONS BUT ONCE WE HAVE THAT PERMIT, WE ARE GOING IN FULL-FLEDGED AND WE WILL START WORKING AND COMMENCE THE WORKING.
>> AGAIN, ABOUT HOW LONG DO YOU THINK IT'S GOING TO TAKE TO GET THE PERMIT? THAT'S WHAT I'M TRYING TO UNDERSTAND.
>> I WOULD SAY 60 TO 90 DAYS OR LESS.
>> YOU WANT TO BE IN COMPLIANCE FOR 90 DAYS.
>> CORRECT. WE WON'T BE IN COMPLIANCE AND CORRECT ME IF I'M MISTAKEN THAT ONCE THE PERMITS ARE ISSUED, THEN WE WOULD MOVE INTO CORRECTING THOSE VIOLATIONS, THOSE EFFICIENCIES.
>> SPECIAL MAGISTRATE, MAY INTERJECT REALLY QUICK, AND THE ORDER DETERMINING VIOLATION IT SAYS OBTAIN THE PERMIT AND THEY HEAR TO ALL CONDITIONS OF THE PERMIT. WHAT THAT MEANS TO STAFF IS ONCE A PERMIT IS OBTAINED, THEY DO HAVE SIX MONTHS TO COMPLETE THE WORK AND COMPLY WITH THE THINGS. SO, STAFF LOOKS AT THAT AS COMPLYING WITH THE CONDITIONS. IF A PERMIT IS ISSUED WE STOP ENFORCEMENT ACTION AS LONG AS THEY ARE CONTINUING TO COMPLY WITH THE PERMIT CONDITIONS. WE DON'T CONTINUE THE ENFORCEMENT ACTION. NOW, BECAUSE THIS HAS REACHED THE STATE OF THE FINES RUNNING OUR FINES WOULD CONTINUE RUNNING UNLESS THE SPECIAL MAGISTRATE ORDERS HIM STOPPED UNTIL A CERTAIN TIME. IF THE PERMIT HAD BEEN ISSUED PRIOR TO THE FINES RUNNING WE WOULD HAVE NEVER STARTED THE FINES. BUT THEY HAVE ALREADY STARTED. SO, WE ARE NOT IN A POSITION TO TAKE ANY ADDITIONAL ACTION BUT THIS IS HOW THE ORDER IS WRITTEN. COMPLY WITH ALL PERMIT CONDITIONS. THEY ARE ALL HERE AND ADHERE TO ALL CONDITIONS OF THE PERMIT. WHAT THAT TYPICALLY MEANS IS ONCE YOU GET THE PERMIT WE WILL STOP DOING ANYTHING FOR AS LONG AS
THE PERMIT IS ACTIVE. >> OKAY. ALL RIGHT. WELL, BECAUSE YOU'VE COME HERE TODAY AND UPDATED US ON THIS AND THERE IS A SUBSTANTIAL FIND THAT HAS ALREADY RUN ON THE PROPERTY UNDERSTAND THE BALANCE AS OF TODAY OR AS OF YESTERDAY IS
>> I WILL ORDER THAT WE WILL ABATE THE RUNNING OF THE FINE.
WE'LL GIVE YOU AN ADDITIONAL 90 DAYS TO GET THE PERMIT BUT I DON'T WANT TO SEE YOU BACK HERE IN 90 DAYS. I WOULD LIKE TO SEE YOU ACHIEVE COMPLIANCE AND TAKE ADVANTAGE OF THIS OPPORTUNITY.
>> ALL RIGHT. I WILL. THANK YOU. I REALLY APPRECIATE IT.
>> SPECIAL MAGISTRATE, IF THE PERMIT IS NOT ISSUED IN 90 DAYS, DO YOU WANTED TO COME BACK BEFORE YOU OR WILL THE FINES
AUTOMATICALLY RESUME? >> THANK YOU FOR CLARIFYING. THE FINES WILL AUTOMATICALLY RESUME IF THE FIRM -- PERMIT IS NOT ISSUED IN 90 DAYS. THIS IS YOUR OPPORTUNITY TO GET SOME BREATHING ROOM WITH THE FINES BUT IF WE DON'T GET COMPLIANCE TO GET THAT PERMIT ISSUED IN 90 DAYS THOSE FINES ARE GOING TO
START RUNNING AGAIN. >> ALL RIGHT. I UNDERSTND.
THANK YOU VERY MUCH. >> THANK YOU.
[2. Case Number: 23-2379 Investigating Officer: Heather Debevec Violation Location: 202 Gardenia Ave]
>> ALL RIGHT. OUR NEXT CASE IS ANOTHER MASSEY BEFORE YOU. WE HAVE CASE NUMBER 23-2379. ADDRESSES 202 GARDENIA AVENUE.
>> SPECIAL MAGISTRATE THIS IS CASE 23-2379 FOR 202 GARDENIA
[00:15:02]
AVENUE. IT IS A MASSEY HEARING. THE NOTICE OF VIOLATION ISSUED WAS AUGUST 18TH OF 2023. THE OWNER OF THE PROPERTY WAS DARRELL . VIOLATIONS WERE IP MC 702.4. COVERED WINDOW SECTION 2419 2420, 2421 SUBSECTIONS ONE AND FIVE. NUISANCES AND OBJECT OUTSIDE STORAGE. NOVEMBER 1ST OF 2023 FROM THE OWNERS IN VIOLATION GAVE 60 DAYS TO COMPLY. NOVEMBER 30TH 2023 EXTENSION OF TIME GRANTED. AFFIDAVIT OF PARTIAL NONCOMPLIANCE ISSUED. DAILY FINES WERE INITIATED. APRIL 2ND OF 2024, LETTER SENT. FINES RUNNING SENT TO THE OWNER. JUNE 5TH OF 2020 FOR AFFIDAVIT OF COMPLIANCE ISSUED FINES WERE STOPPED AUGUST 5TH THE 2024 LETTER WAS SENT. FIND STOPPED.SENT TO THE OWNER. DECEMBER 19TH OF 2024 RECEIVED A REQUEST. THE BALLOT SHOWING $8930. THE GRAVITY OR SERIOUSNESS OF VIOLATIONS OR MINOR . ACTIONS TAKEN BY THE VIOLATOR TO CORRECT VIOLATIONS REMOVE THE ITEMS FROM THE CARPORT AND THE SHUTTERS.
ANY PREVIOUS VIOLATIONS COMMITTEE -- COMMITTED BY THE
VIOLATOR WERE NONE. >> OKAY. YOU HAVE ANY ADDITIONAL EVIDENCE OR PHOTOGRAPHS YOU WOULD LIKE TO INTRODUCE INTO
EVIDENCE? >> NO, MA'AM. THE PROPERTIES IN
COMPLIANCE. >> SPECIAL MAGISTRATE, I'M GOING TO JUMP IN AND GIVE HER VOICE A BREAK. I JUST WANT TO EXPLAIN THAT, YOU KNOW, IT IS MY POLICY, BECAUSE I HANDLE THE MASSEY NOTICES AND THE NOTICES OF FINES THAT WHEN THE PROPERTY -- I WILL SEND A SECOND MASSEY TO ALLOW THE OPPORTUNITY TO ADDRESS THE FINES WHEN THEY COME INTO COMPLIANCE AS LONG AS THE LIEN IS NOT BEEN FILED . THE LIEN WAS LITERALLY PRINTED OUT AND READY TO BE SIGNED BY SPECIAL MAGISTRATE WHEN WE RECEIVED THE MASSEY NOTICE. WHILE THE MASSEY REQUEST WAS NOT WITHIN THE TIMEFRAME, WE ARE STILL ALLOWING IT TO COME FORWARD BECAUSE THE LIEN HAD NOT YET BEEN SIGNED OR FILED BUT WE WERE AT THAT POINT THAT THE LIEN IS IN THE FOLDER BUT THE PROPERTY IS IN COMPLIANCE. WE DID GET THE REQUEST AND, SO, THAT IS WHY IT IS BEFORE YOU TODAY TO CONSIDER.
>> WHAT I BE ABLE TO SEE THAT REQUEST? IS THAT ABLE TO BE
PULLED UP ONTO THE SCREEN? >> ABSOLUTELY. I CAN ALSO PROVIDE YOU WITH THE ADMINISTRATION COSTS, IF YOU
WISH. >> YES. I WOULD LIKE TO KNOW WITH THE ADMINISTRATIVE COSTS ARE.
>> THERE IS ONLY ONE LIEN. THERE'S ONLY ONE THAT IS BEING ADDRESSED TODAY BECAUSE ONE WAS BY THE BUILDING DEPARTMENT.
IT'S HANDLED BY A DIFFERENT DEPARTMENT. CORRECT. AND THEN THE ADMIN REQUESTS. CAN YOU READ THAT?
>> NOT QUITE. THERE WE GO. I FEEL LIKE I'M AT THE EYE DOCTOR. IT LOOKS LIKE A TOTAL IS A 1001 9802?
>> CORRECT. AND TO REVIEW THIS THERE ARE WHAT ARE CONSIDERED HARD COSTS AND SOFT COSTS AND WHAT CAN BE CONSIDERED, YOU KNOW, -- CORRECT. SO, THE TOTAL IS ROUGHLY $1200 IN ADMINISTRATION COSTS. IT'S AN ESTIMATED ADMINISTRATION CHARGE.
>> OKAY. AND THE FINE WAS A TOTAL OF 8000 -- I THINK I SAW,
WHERE TO GO? 8930 TODAY? >> YES.
>> OKAY. SIR, WOULD YOU LIKE TO MAKE A STATEMENT ON YOUR BEHALF?
>> YEAH. I WOULD LIKE TO MAKE A STATEMENT BECAUSE OBVIOUSLY, I COMPLIED AND WE WERE IN COMPLIANCE IS JUST I HAVE THE OTHER MATTER WITH THE OTHER LIENOR ABOVE ME AND I KNOW THAT ME AND MY WIFE LOOKED AT THAT TODAY AND THAT'S A $56,000 BUT I KNOW THAT'S A SEPARATE MATTER THAN THIS BUT WE JUST GOT SHOT DOWN FOR ANOTHER LOAN. I DO WORK. I'M NOT ASKING FOR ANYTHING I WOULD LIKE TO HAVE THIS COMBINED BECAUSE RIGHT NOW ANY OTHER ADDITION WHEN WE ARE DEALING WITH PAYING OUR ELECTRIC, AND PUTTING FOOD ON THE TABLE, IT'S JUST, LIKE, BRING IN A HOUSE DOWN ON US WITH BRICKS. SO, I WOULD JUST LIKE TO ASK THAT THIS CAN BE, YOU KNOW, WAIVED OR AT LEAST ADJUSTED UNTIL I CAN BOTH OF THESE DONE BECAUSE EVEN TO MAKE A PAYMENT PLAN WHEN I'M PAYING LOANS NOW, I'M LIVING OUTSIDE OF MY MEANS BUT GOD IS GOOD. THERE IS A WAY AND THIS CAN ALL BE DONE. I'M NOT ASKING FOR YOU TO THROW IT AWAY.
>> I DON'T KNOW THAT THEY CAN BE COMBINED BECAUSE THERE TWO DIFFERENT LIENS WITH TWO DIFFERENT DEPARTMENTS WITH THE CITY OF FORT PIERCE BUT , YOU KNOW, WE'RE HERE TODAY BECAUSE HER PROPERTY IS IN COMPLIANCE WHICH IS A GOOD THING. THAT MEANS YOU FOLLOWED WHAT THE NOTICES STATED HE BROUGHT THE
[00:20:05]
PROPERTY INTO COMPLIANCE. YOU HAVE THE OPPORTUNITY FOR A FINE REDUCTION. THE LIEN IS FOR $8930. WHAT I'M HEARING FROM STAFF IS AVENUE ABOUT $1200 IN HARD COSTS AND STAFF TIME AND, SO, BECAUSE YOU ARE HERE AND YOU HAVE BROUGHT THE PROPERTY INTO COMPLIANCE IS THERE ANYTHING FURTHER YOU WANTED TO ENTER INTO EVIDENCE OR PROVIDE TO ME BEFORE I MAKE A RULING?>> NO. I MEAN, I UNDERSTAND. WORK IS TIME. I'M OKAY WITH THAT. IT'S JUST WANT TO SAY THAT AND YOU GIVE ME -- IT'S LIKE ADDING ANOTHER DATE TO PAY THAT AND THEN I'M GOING TO TRY TO GET A DATE. I HAVE NO MONEY AND I CAN'T EVEN TOUCH MY HOUSE WITH THE LIEN ON IT AND IT TOOK EVERYTHING I CAN DO WITH THAT.
I'M JUST TRYING TO DEAL WITH WHAT IS LOGICALLY REPRESENTATIVE. I'M GRATEFUL FOR THE MOMENT TO GET A REDUCTION OF THE PRICE AND TO BE ABLE TO HANDLE IT AND WHATEVER
YOU DO, I'M GRATEFUL FOR. >> OKAY. WELL, THANK YOU FOR BEING HERE TODAY TO PROVIDE A SET UPDATE AND UNDERSTAND, KIND OF, WHAT WE ARE DEALING WITH AS FAR AS THE LIEN AND THE OPPORTUNITY FOR A REDUCTION. AT THIS TIME I WILL GO AHEAD AND GRANT THE ADMINISTRATIVE COSTS, THE ESTIMATE OF $1200 TO BE THE LIEN THAT WILL GO IN PLACE WITH REGARD TO THIS VIOLATION WITH THIS DIVISION OF THE CITY OF FORT PIERCE AND YOU SHOULD CONNECT WITH STAFF TO DETERMINE OPPORTUNITY FOR A PAYMENT PLAN.
IT IS A LIEN ON THE PROPERTY. SO, HE DOESN'T HAVE TO PAID IMMEDIATELY, DOES HE? IT'S A LIEN ON THE PROPERTY UNTIL IT'S PAID. I DON'T KNOW WHAT STEPS PRACTICES ARE. THAT'S WHY SAID CONNECT WITH STAFF AS FAR AS PAYMENT OPPORTUNITIES.
>> TO PROVIDE SOME CONTEXT TO THIS, IT IS NOT TECHNICALLY A LIEN THOUGH MOST TITLE COMPANIES OR BANKS LOOK AT A NOTICE OF VIOLATION IS A LIEN. IT IS NOT OFFICIALLY A LIEN. IT'S JUST THE FINES WHICH DOES GIVE US A LOT OF LEEWAY IN HOW WE HANDLE IT. IF IT'D BEEN A LIEN IT WOULD BE HARDER TO ADDRESS.
>> THAT'S RIGHT. YOU STATED. I MISSPOKE. HE STATED IT WAS JUST ABOUT TO BE A LIEN. SO, THIS WAS CAPTURED JUST BEFORE. IT'S NOT A LEGAL LIEN. IT'S A NOTICE OF VIOLATION WITH A FINE ASSOCIATED WITH IT THAT YOU NEED TO WORK OUT WITH THE CITY OF FORT PIERCE. WHILE THE CITY DOES NOT ESTABLISH A PAYMENT PLAN, WHAT WE CAN DO IS PROVIDE UP TO 12 MONTHS TO PAY AND THAT IT'S UP TO THE OWNER TO DECIDE HIS OWN PAYMENT PLAN. THEY WILL ACCEPT PARTIAL PAYMENT THROUGH THE YEAR IF YOU WANT TO PAY HUNDRED DOLLARS A MONTH, YOU COULD DO IT. IF YOU WANTED TO PAY A BALK HERE, A BOW CARE. THE PAYMENT PLAN IS UP TO YOU. BUT THE CITY IS ALLOWED TO PROVIDE UP TO 12 MONTHS TO PAY.
>> GREAT. >> THAT'S GOOD. THANK YOU.
>> ALL RIGHT. WE WILL GO AHEAD AND ENTER THAT ORDER FINE OF $1200 AND YOU WILL CONNECT WITH STAFF ON THAT REPAYMENT
>> YOU ARE WELCOME. THANK YOU FOR SHOWING UP TODAY. WE
APPRECIATE IT. >> ONE LAST ORDER OF BUSINESS, SPECIAL MAGISTRATE, IF PAYMENT IS NOT MADE IN 12 MONTHS, --
>> IF PAYMENT IS NOT MADE IN 12 MONTHS IN FULL, PURSUANT TO THE ORDER TODAY YOU WILL END UP WITH A LIEN ON YOUR PROPERTY.
>> YES, MA'AM. HOW DO I ADDRESS THE OTHER LIEN? THAT'S ON THE
HAS GOT MY HOUSE STUMPED. >> YOU NEED TO SPEAK WITH THE BUILDING DEPARTMENT. UNFORTUNATELY, I CAN'T HELP YOU WITH THAT. THE CASE ITSELF IS HANDLING -- HANDLED BY -- IT'S A BUILDING VIOLATION. IF YOU COULD PROVIDE HIM WITH LIZ'S
CONTACT INFORMATION. >> THAT WOULD BE GREAT. THANK
YOU. >> I JUST WANT TO MAKE SURE FOR THE ORDER, IF IT'S NOT PAID WITHIN 12 MONTHS IT REVERTS BACK TO THE ORIGINAL AMOUNT? OR IS THAT NOT --
>> YES, IF THAT IS TYPICALLY HOW IT IS HANDLED, IF IT IS NOT PAID WITHIN 12 MONTHS IT WOULD REFER BACK TO THE BALANCE OF $8930.
YES. THANK YOU FOR CLARIFYING THAT.
>> THANK YOU. ALL RIGHT. LET ME GO AHEAD AND GIVE YOU THE
INFORMATION. >> 12 MONTHS IS MY TIME. THANK YOU.
>> THANK YOU SO MUCH. >> THANK YOU.
>> I PULLED UP HEATHERS LAST CASER SHE CAN FINISH UP.
>> THANK YOU. >> I'M GOOD TO GO, MA'AM?
[2. Case No: Violation Location (Address PID #) Investigating Officer USB-2025-1 1105 Avenue D Heather Debevec]
>> YOU'RE ALL SET. WORK WITH STAFF ON THAT.
>> YEAH, I'M GOOD. I'VE GOT THAT.
>> OUR NEXT CASE WILL BE USB-2025-1. 1105 AVENUE DE.
[00:25:07]
>> OKAY. SORRY. I'M TRYING TO FIND WHERE WE ARE IN THE AGENDA.
WE JUMPED AROUND. >> THIS IS CASE NUMBER USB-2025-1 . 1105 AVENUE DE. IT IS A BOARD UP CASE. NOTICE VIOLATION WAS ISSUED ON JANUARY 2ND OF THIS YEAR CERTIFIED REGULAR MAIL POSTED TO THE PROPERTY. THE NOTICE TO APPEAR WAS ON JANUARY 3RD, 2025 OF THIS YEAR. CERTIFIED REGULAR MAIL POSTED TO THE PROPERTY. AGAIN, THE POSTING DATE IS JANUARY 3RD.
THE OWNER OF THE PROPERTY IS CARLA. IT'S FOR 2419 SECTION 16 NUISANCE UNSAFE STRUCTURE. 2419 SUBSECTION FIVE NUISANCE UNLAWFUL CONVICTION. I PMC 301.3 VACANT STRUCTURES AND LAND BACON. I DO HAVE PHOTOS TO SUBMIT.
>> JANUARY 2ND AND FEBRUARY 3RD AS WELL AS A COPY OF THE NOTICE,
IS THAT CORRECT ? >> YES, MA'AM.
>> TO THE PHOTOGRAPHS TRULY AND ACCURATELY DEPICT THE VIOLATIONS
AS YOU OBSERVE THEM? >> EXHIBIT ONE.
>> WE WILL EXCEPT INTO EVIDENCE CITIES COMPOSITE ONE.
>> WHAT ARE THE VIOLATIONS WE ARE OBSERVING FOR THE MOST
RECENT PHOTOGRAPH? >> THIS PROPERTY HAD BEEN CITED BEFORE FOR A BOARD UP. I WAS DOING A REINSPECTION AND NOTICED THAT SOME BOARDS WERE PULLED OFF WHAT YOU CAN SEE FROM THIS PHOTO. AND THAT APPEARS TO BE THE ONLY SECTION THAT IS PULLED OFF. IT NEEDS TO BE RESECURED. NO, MA'AM.
>> OF THE RESPONDENT. JUST WANT TO CONFIRM THAT. ALREADY. WE WILL GO AHEAD AND FIND THAT A NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND THE NUISANCE CONDITION POSES A THREAT TO THE PUBLIC HEALTH SAFETY AND WELFARE OF THE COMMUNITY AND THAT THE NUISANCE BE ADDRESSED . THE CITY'S NUISANCE ABATEMENT PROGRAM. VIOLATORS WILL BE GIVEN UNTIL FEBRUARY 11TH OF 2025 TO SECURE ALL OPENINGS OF THE STRUCTURE ACCORDING TO THE CODE. TAYLOR TO COMPLY BY THE DATE ORDERED WILL RESULT IN THE FINE OF $100 PER DAY BEING ASSESSED
[1. Case No: Violation Location (Address PID #) Investigating Officer LTCL-2024-00010 322 N 12th ST (2409-516-0042-000-1) Manuel Fernandez Jr.]
FOR EACH DAY THE VIOLATION CONTINUES AND THE CITY IS TO TAKE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION THE COST OF WHICH IS TO BE ASSESSED AGAINST THE PROPERTY.>> THANK YOU, YOUR HONOR. >> ARE LESS CASE TODAY IS LTCL-2024-00010. IT'S 322 NORTH 12TH STREET.
>> GOOD MORNING, YOUR HONOR. TODAY BEFORE YOU I HAVE CASE NUMBER LTCL-2024-00010 AT 322 NORTH 12TH STREET. THIS IS A LOT CLEARING. SENT ON JANUARY 2ND, 2025. THEY WERE SENT A CERTIFIED AND REGULAR MAILING AS WELL AS POSTED ON THE PROPERTY. THE OWNER IS CHARLENE CRISTINA. THEY WERE CITED FOR 24-19 SUBSECTION'S 11 A AND B. NUISANCES LANDSCAPING REQUIREMENTS FOR LESS THAN THREE ACRE PROPERTIES AND I PMC 301.3 VACANT STRUCTURES AND LAND. I DO HAVE PHOTOS TO INTRODUCE THAT OUR DATE AND TIME STAMPED AS WELL AS A COPY OF THE VIOLATION
NOTICE SENT TO THE OWNER. >> NOTICE AND THE PHOTOGRAPHS ARE TAKEN JANUARY 28. AND IF EVERY THIRD. IS THAT CORRECT?
>> YES, MA'AM. >> TO THE PHOTOS TRULY AND ACCURATELY DEPICT THE VIOLATIONS?
>> YES, MA'AM. >> WE MOVE INTO A EVIDENCE CITY COMPOSITE EXHIBIT ONE. WE WILL EXCEPT INTO EVIDENCE CITIES COMPOSITE ONE. IS THERE ANYTHING FURTHER YOU WISH TO PRESENT?
>> NO, MA'AM. >> OFFERED HER -- OFFICER, DID YOU JUST DESCRIBE WHAT THE VIOLATIONS WERE?
>> IN THIS PHOTOGRAPH YOU CAN SEE THERE IS A LITTLE BIT OF AN OVERGROWN GRASS ON THEIR FENCE LINE TOWARDS WHERE YOU SEE THE TREE THAT'S BEEN UPROOTED AND TOWARDS THE RIGHT. AND THEN, AS YOU CAN SEE, THIS IS A VACANT STRUCTURE WITH NO FLOORING. SO, THE MAJORITY OF THE VIOLATIONS WOULD BE UNDER THE HOUSE FROM, I WOULD ASSUME, PEOPLE THAT WOULD GO INTO THE HOUSE AND JUST DUMP
[00:30:05]
THEIR TRASH UNDER THE PROPERTY. SAME THING HERE, JUST THE TRASH AND STUFF THAT'S UNDER THE STRUCTURE.>> OFFICER FERNANDEZ, YOU ARE FAMILIAR WITH THE STRUCTURE BECAUSE IT CAME IN FOR ANOTHER VIOLATION IN DECEMBER?
>> YES, MA'AM. I BELIEVE IT CAME IN DECEMBER BUT AT THAT POINT WE BELIEVE IT HAD A CHANGE OF OWNERSHIP. SO, IT WAS IN THE NAME OF THE PREVIOUS OWNER AND THEN I BELIEVE ONCE WE HAD THAT HEARING IN DECEMBER, IT WAS TRANSFERRED OVER TO CHARLENE
>> YES, MA'AM. >> OKAY. JUST WANT TO CONFIRM THERE IS NO ONE HERE TODAY ON BEHALF OF THE RESPONDENT FOR THIS CASE. AND WE WILL GO AHEAD AND THEN FIND THAT A NUISANCE CONDITION EXISTS IN VIOLATION OF THE CODE OF ORDINANCES AND SUCH NUISANCE POSES A THREAT AND THAT THE NUISANCE BE ADDRESSED TO THE CITY'S NUISANCE ABATEMENT PROGRAM. THE VIOLATORS WILL BE GIVEN UNTIL FEBRUARY 11TH TO CUT OUR GRASS AND WEEDS AND TRIM ALL TREES, SHRUBS AND BUSHES TO THE STANDARDS. AND REMOVE ALL TRASH AND DEBRIS INCLUDING LANDSCAPING DEBRIS GENERATED FROM BRINGING THE PROPERTY INTO COMPLIANCE BUT FAILURE TO COMPLY BY THE DATE ORDERED WILL RESULT IN A FINE OF $100 PER DAY BEING ASSESSED FOR EACH DAY THE VIOLATION CONTINUES. THE CITY IS TO TAKE THE NECESSARY STEPS TO ABATE THE NUISANCE CONDITION THE COST IS TO BE ASSESSED AGAINST THE PROPERTY.
>> THANK YOU, YOUR HONOR. >> THANK YOU. I'M GOING TO GO
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
AHEAD AND READ THE IDENTIFICATIONS OF CASES AND COMPLIANCE FOR RESCHEDULED. CASE NUMBER NOOP-2024-9 211 AVENUE A, CE-2024-00065 1610 SEAWAY DRIVE. NOOP-2024-8 NORTH U.S. HIGHWAY 1. LTCL-2024-9 112 NORTH 11TH STREET. NOOP-2025-00007 5/13 NORTH 16TH STREET. LTCL-2025-3 WHICH IS 1026 MARTINIQUE AVENUE.>> I THINK WE MISREAD THE ADDRESS I THINK WE MISREAD THE ADDRESS FOR NOOP-2025-00007. NORTH SIXTH STREET .
>> MY APOLOGIES ON THAT. ALL RIGHT, SO, FOR CASES REQUIRING A HEARING PER STATE STATUTE A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL. IF THE GREEN CARD IS RETURNED SIGNED IT'S PLACED IN THE FILE. IF THE GREEN CARD IS RETURNED UNSIGNED OR UNCLAIMED AN AFFIDAVIT IS SENT 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 AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED UNCLAIMED. FOR CASES NOT MANDATED BY STATE STATUTE MANNING OF THE NOTICE OF HEARING OR HANDLED IN THE SAME MANNER STATED PRIOR. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED R NOT RETURNED WITHIN 10 DAYS OF THE HEARING A NOTICE OF HEARING IS POSTED ON THE
BULLETIN BOARD IN CITY HALL. >> THANK YOU. IS THERE ANY OTHE
* This transcript was compiled from uncorrected Closed Captioning.