[1. CALL TO ORDER]
[00:00:07]
>>> GOOD MORNING. I'M FIREMAN.
I WILL BE PRESIDING THIS MORNING.
YOU'RE HERE BECAUSE YOU RECEIVED NOTICE THAT YOUR PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CITY CODE OR ORDINANCE. YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT AND HAVE NOT DONE SO AND YOU WISH TO BE HEARD OR YOU MAY HAVE RECEIVED A PARKING CITATION AND YOU WANT TO CONTEST THAT. FOR THOSE WHO WANT TO BE HEARD WE'LL CALL YOUR CASE SHORTLY. IN THE MEANTIME, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
[3. ADMINISTRATIVE BUSINESS]
>>> OFFICERS, PLEASE COME FORWARD AND BE SWORNING.
>> AND DO YOU SWEAR AND AMPLE THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH? THANK YOU.
[4. PUBLIC HEARINGS - CITATIONS]
>>> FIRST CASE IS 191388 JAYCEE PARK, CHESTER.
>> GOOD MORNING. >> FIRST OF ALL, IT DOES NOT SEEM THAT THERE'S A RESPONDENT PRESENT.
I JUST WANT TO NOTE THAT FOR THE RECORD.
>> OKAY. >> CAN YOU GO AHEAD AND PUT YOUR
FULL NAME ON THE RECORD? >> OFFICER DAME SPOTS.
>> AND DID YOU WRITE THE CRY OCCASION IN CONNECTION WITH CASE
>> AND WHAT DATE DID YOU WRITE THAT CITATION?
>> AS NOTED ON THE CITATION, THE 27TH OF MAY, 2019.
>> AND DID YOU WRITE THAT CITATION WITHIN THE CITY LIMITS
>> AND WHERE WAS THAT. >> IT WAS AT JAYCEE PARK AT THE EAST END OF THE PARKING LOT AT JAYCEE PARK.
>> OKAY. DID YOU OBSERVE THE IMPROPER PARKING PERSONALLY?
>> I DID. >> OKAY. CAN YOU DESCRIBE THE
VIOLATION THAT YOU OBSERVED? >> I OBSERVED A BLACK IN COLOR BUICK WITH A FLORIDA TAG HWET 46.
IT WAS PARKED IN AN AREA INDICATED BY PROMINENTLY POSTED SIGN AS YOU ENTERED THE AREA IN WHICH IT WAS PARKED.
THE SIGN DOES SAY BOAT TRAILER PARKING ONLY.
THE SIGN IS PROMINENTLY ERECTED ON A STAND AND IS EASILY VISIBLE BY VEHICLES ENTERING IN THAT AREA.
>> SO THE VEHICLE THAT YOU OBSERVED AND THAT YOU IN FACT CITED, DID THAT HAVE A BOAT ATTACHED TO IT?
>> IT DID NOT. >> OKAY. DID YOU TAKE
PHOTOGRAPHS THAT DAY? >> I DID.
>> AND THEY FAIRLY AND ACCURATELY DEPICTED WHAT YOU
SAW? >> I DID -- YES, I TOOK A PHOTOGRAPH OF THE VEHICLE ITSELF.
AND ALSO A GENERAL VIEW OF THE AREA.
>> OKAY. AT THIS TIME, WE'D LIKE TO MOVE THOSE PHOTOGRAPHS IN AS CITY'S COMPOSITE ONE.
>> THANK YOU. THEY'LL BE ADMITTED.
>> AND I DON'T HAVE ANY FURTHER QUESTIONS UNLESS YOU WOULD LIKE TO TALK ABOUT THE PICTURES, OFFICER SPOTTS.
>> NO COMMENTS UNLESS QUESTIONS ARE BROUGHT UP.
>> ANYONE HERE ON BEHALF OF MS. CHESTER? OKAY. THERE WILL BE A NO REPRESENTATIVE BASED ON TESTIMONY AND EVIDENCE PRESENTED.
I FIND THAT A VIOLATION EXISTS AND MS. CHESTER IS RESPONSIBLE FOR THE VIOLATION. I'LL FINE HER $78 WHICH INCLUDES A $50 FINE, $10 ADMIN FEE, AND AN $18 LATE FEE FOR THE VIOLATION. SHE HAS 30 DAYS TO PAY.
FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE OR SHE MAY INCUR ADDITIONAL COSTS. 30 DAYS TO APPEAL.
THAT'S IT, OFFICER SPOTTS. >> THANK YOU, EVERYBODY.
HAVE A GREAT DAY. >> ALL RIGHT.
[5. PUBLIC HEARINGS - VIOLATION CASES]
>>> NEMENT CASE IS SOUTH INDIAN RIVER DRIVE.
[00:05:05]
THIS IS OWNED BY MS. DIANE WYNNE.IT WAS CITED FOR SECTION 22-22 ALLOW 9 USES.
THIS IS A SHORT TERM RENTAL VIOLATION.
MS. WYNNE IS HERE TODAY BUT SHE HAS COMPLIED.
ALL OF HER ADS HAVE BEEN BROUGHT INTO COMPLIANCE.
SO WE'RE REALLY REQUESTING A REVIEW AND DETERMINATION AT THIS
WOULD YOU COME FORWARD, PLEASE? YOU'VE HEARD THE REPRESENTATION -- I'M SORRY.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE
>> AND YOU HEARD THE REPRESENTATIONS MADE.
ARE YOU IN AGREEMENT WITH THAT? >> YES.
>> AND BASED ON THAT TESTIMONY AND EVIDENCE I FIND THAT A VIOLATION EXISTS BUT HAS BEEN CURED AS OF THIS DATE.
YOU CAN PUT YOUR HAND DOWN. YOU NEED TO KNOW THOUGH SHOULD THE VIOLATION REOCCUR, YOU COULD QUITE POSSIBLY BE FACING DOUBLE THE AMOUNT OF FINES IF THIS REOCCURS.
>> THERE BEING NO OTHER PARTIES PRESENT, WOULD THE CITY LIKE TO READ IN OR IS THERE SOMETHING ELSE YOU HAVE?
>> WE'RE GOING TO READ IN EACH ONE INDIVIDUALLY.
>> YES. >> WE'LL JUST START FROM THE TOP. THIS IS 191737, THOMAS.
>> THANK YOU. GOOD MORNING, CAN YOU PLEASE GO AHEAD AND STATE YOUR FULL NAME FOR THE RECORD AND WHERE YOU
>> DID YOU ISSUE THE CITATION IN RELATION TO CASE NUMBER 19-1737?
>> AND DID YOU ISSUE THAT CITATION WITHIN THE CITY LIMITS
>> AND WHEREABOUTS? >> I WAS IN THE ORANGE AVENUE, INDIAN RIVER DRIVE LOT BEHIND SUBWAY.
>> WHAT DATE DID YOU ISSUE IT? >> JULY 9TH.
>> AND WHAT WAS THE NATURE OF THE VIOLATION THAT YOU OBSERVED?
>> TWO-HOUR PARKING VIOLATION. >> OKAY. SO YOU SAW THE VEHICLE AND THEN YOU CHECKED BACK AND MORE THAN TWO HOURS PASSED.
>> AND THE TIME STAMPS ARE CORRECT.
>> DID YOU TAKE PICTURES? >> YES, I DID.
>> AND THEY FAIRLY AND ACCURATELY DEPICTED WHAT YOU
>> AND WERE THE TIME STAMPS CORRECT ON THE PHOTOGRAPHS.
>> YES. SO AT THIS TIME THE CITY WOULD MOVE THE PHOTOGRAPHS IN AS CITY'S COMPOSITE ONE.
>> THANK YOU. >> ANYTHING FURTHER?
>> IS THERE ANYTHING ELSE THAT YOU WANT TO SAY ABOUT THE PHOTOGRAPHS? OKAY. NOTHING FURTHER.
OKAY. THIS IS CITY'S COMPOSITE ONE.
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AND THAT MICHAEL JOHN THOMAS IS RESPONSIBLE FOR THE VIOLATION. FURTHER ORDERED THAT HE PAY A $50 FINE. $10 ADMINISTRATIVE FEE.
$18 LATE FEE IN THE MATTER FOR A TOTAL OF $78.
YOU HAVE 30 DAYS TO APPEAL. FAILURE TO PAY RESULTS IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE MAY INCUR ADDITIONAL COSTS.
NEXT CASE. >> NEXT CASE IS CASE 191808, FETCHER.
DID YOU WRITE THAT CITATION WITHIN THE CITY LIMITS OF FORT
>> WHERE WERE YOU? >> ORANGE AVENUE AND MEL I DID
LANE. >> WHAT DATE DID YOU ISSUE THE
>> AND WHAT WAS THE NATURE OF THE VIOLATION THAT YOU OBSERVE
SNIDE. >> TWO HOUR PARKING VIOLATION.
>> SO YOU SAW THE VEHICLE AND THEN YOU CHECKED BACK AND TWO
[00:10:01]
HOURS LATER THE VEHICLE HAD NOT MOVED?>> CORRECT. >> DID YOU TAKE PHOTOGRAPHS.
>> YES. >> DO THEY FAIRLY AND ACCURATELY
>> AND DID THE PHOTOGRAPHS ALSO HAVE ACCURATE TIME STAMPS.
>> YES. >> OKAY. SO AT THIS TIME THE CITY WOULD MOVE THE PHOTOGRAPHS IN AS CITY'S COMPOSITE ONE.
>> THEY'LL BE ADMITTED. >> DO YOU HAVE ANYTHING ELSE TO
SAY ABOUT THE PHOTOGRAPHS? >> NOTHING FURTHER.
>> I FIND THAT A VIOLATION EXISTS AND THAT AUSTIN FETCHER IS RESPONSIBLE. I WILL FINE HIM A TOTAL OF $78.
HE HAS 30 DAYS TO PAY. FAILURE TO PAY WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE 345I INCUR ADDITIONAL COSTS.
YOU MAY PROCEED. >> NEXT IS 192098 VIERA.
>> OKAY. >> OFFICER FUTCH, DID YOU WRITE
>> AND DID YOU WRITE IT WITHIN THE CITY LIMITS OF FORT PIERCE.
>> 120 ORANGE AVENUE. >> WHAT WAS THE DATE?
>> AUGUST 6TH, 2019. >> WHAT WAS THE NATURE OF THE
VIOLATION YOU OBSERVED. >> TWO HOUR PARKING VIOLATION.
>> YOU SAW THE VEHICLE PARKED AND WENT BACK LATER AND IT WAS
>> DID YOU TAKE PHOTOGRAPHS. >> YES.
>> ARE THERE TIME STAMPS ON THE PHOTOGRAPHS.
>> YES. >> DO THEY FAIRLY AND ACCURATELY DEPICT THE TIME AND WHAT YOU SAW THAT DAY.
>> YES. >> SO AT THIS TIME THE CITY WOULD MOVE THE PHOTOGRAPHS IN AS CITY'S COMPOSITE ONE.
>> THANK YOU. THEY WILL BE ADMITTED.
>> UNLESS YOU HAVE FURTHER TESTIMONY ABOUT THE PHOTOGRAPHS,
I HAVE NOTHING FURTHER. >> I FIND A VIOLATION EXISTS AND THAT MR. VIERA IS RESPONSIBLE FOR THE VIOLATION.
HE HAS 30 DAYS TO PAY. HE NEEDS TO BE AWARE THAT FAILURE TO PAY WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE MAY RECEIVE ADDITIONAL FEES AND COSTS.
NEXT CASE. >> 191906, SANCHEZ.
>> OKAY. OFFICER FUTCH, DID YOU WRITE THE CITATION IN RELATION
>> AND WHAT DATE DID YOU WRITE THAT?
>> JULY 23RD, 2019. >> DID YOU WRITE THAT WITHIN THE
CITY LIMITS OF FORT PIERCE. >> YES.
>> WHERE WERE YOU. >> 205 SOUTH SECOND STREET.
>> WHAT WAS THE NATURE OF THE VIOLATION.
>> TWO HOUR PARKING VIOLATION. >> SO YOU SAW THE VEHICLE PARKED AND TWO HOURS LATER IT HAD NOT MOVE.
>> CORRECT. >> DID YOU TAKE PHOTOGRAPHS.
>> YES. >> ARE THERE TIME STAMPS.
>> YES. >> DO THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW AND ARE THE TIME STAMPS ACCURATE.
>> YES. >> SO AT THIS TIME THE CITY
WOULD MOVE THE PHOTOGRAPHS IN. >> THEY WILL BE ADMITTED AS
COMPOSITE ONE. >> NO FURTHER QUESTIONS.
>> ANY FURTHER EVIDENCE? THERE BEING NONE, I FIND THAT A PARKING VIOLATION DOES EXIST AND THAT REBECCA SANCHEZ IS RESPONSIBLE FOR THE VIOLATION. I'LL FINE HER $78.
SHE HAS 30 DAYS TO PAY. FAILURE TO PAY WILL RESULT IN THIS CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE MAY INCUR ADDITIONAL FEES AND COSTS.
>> OFFICER FUTCH, DID YOU WRITE THE CITATION IN RELATION TO CASE
>> AND DID YOU WRITE THAT CITATION WITHIN THE CITY LIMITS
>> WHERE? >> ORANGE AVENUE INDIAN RIVER DRIVE LOT. IT'S THE LOT BEHIND BEHIND SUB
SOMEWAY. >> WHICH A DATE DID YOU ISSUE
>> YOU OBSERVED THE VEHICLE AND RETURNED TWO HOURS LATER AND THE
VEHICLE HAD NOT MOVE. >> CORRECT.
>> DID YOU TAKE PHOTOGRAPHS. >> YES.
>> AND DO THEY DEPICT WHAT YOU SGLAU YES.
>> ARE THERE TIME STAMPS. >> YES.
>> AND ARE THEY ACCURATE. >> YES.
>> THE CITY WOULD MOVE THE PHOTOGRAPHS IN AS COMPOSITE ONE.
>> AND NO FURTHER QUESTIONS. >> THANK YOU.
I FIND THAT A VIOLATION EXISTS. REBECCA WEDEBROOK IS RESPONSIBLE
[00:15:03]
FOR THE VIOLATION. I'LL FINE HER $78.SHE HAS 30 DAYS TO PAY. FAILURE TO PAY SUCH FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE MAY INCUR ADDITIONAL FEES AND COSTS.
>>> CASE 191790 ESTIME. >> DID YOU WRITE THIS CITATION.
>> YES. >> WITHIN FORT PIERCE.
>> YES. >> 100 BLOCK OF SOUTH SECOND
STREET. >> AND WHAT DATE DID YOU ISSUE
THE CITATION. >> JULY 15G9, 2019.
> WHAT WAS THE NATURE OF THE VIOLATION.
>> THE CAR WAS PARKED FATING THE WRONG WAY IN TRAFFIC.
>> OKAY. AND DID YOU TAKE PHOTOGRAPHS.
>> YES, I DID. >> DID THEY DEPICT WHAT YOU SAW
>> AT THIS TIME THE CITY WOULD MOVE THE PHOTOGRAPHS IN AS CITY'S ONE. IS THERE ANYTHING YOU WOULD LIKE TO TELL THE SPECIAL MAGISTRATE REGARDING THE PHOTOGRAPHS.
THEY WILL BE ADMITTED. >> NO FURTHER QUESTIONS.
>> THERE BEING NO FURTHER EVIDENCE I FIND THAT A VIOLATION EXISTS AND THAT SHE'S RESPONSIBLE FOR THE VIOLATION.
I WILL FINE HER $78. SHE HAS 30 DAYS TO PAY.
FAILURE TO PAY WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE MAY INCUR ADDITIONAL COSTS.
>>> OKAY. IF YOU DON'T I HAVE ON YOUR SHEET, 4 H IS PAID.
>> OFFICER MONTGOMERY IS NOT PRESENT THIS MORNING AND NEITHER IS THE RESPOND BODY NITTY. SO IF CITY MOVES TO CONTINUE THE CASE TO THE NEXT AVAILABLE DOCKET.
>> CONTINUANCE IS GRANTED. >> AND AS TO THE NEXT CASE WHICH IS 19-1912, THE CITY HAS THE SAME REQUEST.
>> YOUR REQUEST IS GRANTED. CASE IS CONTINUED.
>> CASE 1919471402 AVENUE J DIXON.
YOU MAY PROCEED WHEN YOU'RE READY.
>> GOOD MORNING. >> GOOD MORNING.
>> CASE WAS INITIATED ON JULY 30TH, 2019.
IT WAS FOR SECTION 1646 SUBSECTION 11 OUTSIDE STORAGE INDOOR FURNITURE WHICH WE'RE REQUESTING REVIEW AND DETERMINATION ON. SECTION 1646, SUBSECTION 4 PARKING ON OTHER THAN PAVEMENT. IT'S NOTED THAT WHEN I WENT TO POST THE PROPERTY FOR THIS HEARING THAT THE WHITE TRUCK THAT WAS ORIGINALLY THERE WAS THEN ON A PAVEMENT AND THERE WAS A CAR PARKED WHERE THE TRUCK WAS IN THE GRASS.
I WENT BACK THIS MORNING AND THAT VEHICLE WAS NOT THERE.
THE SAME AS WHEN I HAD TAKEN SOME PICTURES PRIOR.
SO ARE WE STILL DOING REVIEW AND DETERMINATION?
>> YES. >> WE'RE RE-QUESTION FOR THAT AS
>> WE MOVE THE FE MOVE THAT AS CITY'S COMPOSITE ONE.
THEY WILL BE ADMITTED. ANYTHING FURTHER?
THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FOUND THAT A VIOLATION DID EXIST BUT HAS BEEN CURED AS OF TODAY'S DATE. THEREFORE I WILL ISSUE A REVIEW AND DETERMINATION. THE RESPONDENT SHOULD BE AWARE OF THE FACT THOUGH THAT IF THIS REOCCURS, HE MAY INCUR ADDITIONAL FINES AND FEE INNS COSTS.
NEXT CASE. >> 191590 808 NORTH 22ND STREET PEREZ.
[00:20:02]
>> CASE 1915. CASE WAS INITIATED ON JUNE 17TH, 2019. IT WAS FOR IPMC 302.7 ACCESSORY STRUCTURE. IT IS REQUESTED THEY REMOVE THE FENCE OR OBTAIN A PERMIT TO HAVE THE FENCE CONNECTED AROUND THE PROPERTY. THE CITY IS REQUESTING THAT IN THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT OR A FINE OF $50 PER DAY BE ASSESSED. THERE'S STILL NO PERMIT PULLED IN.
NO CHANGES TO THE PROPERTY AS I HAVE PHOTOS TO SUBMIT.
>> OKAY. >> THE CITY WOULD MOVE THE
PHOTOS AS COMPOSITE ONE. >> THEY WILL BE ADMITTED AS COMPOSITE ONE.
>> NO, MA'AM. >> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 808 NORTH 22ND STREET AND THAT JOSHUA PEREZ IS RESPONSIBLE FOR THE VIOLATION. I WILL GIVE HIM 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF $50 PER DAY WILL BE ASSESSED. HE'S GOT 30 DAYS TO APPEAL.
>>> 191648. ALL AROUND TOWN LLC.
>> CASE NUMBER191648. 612 NORTH 23RD STREET, ALL AROUND TOWN LLC. THE CASE WAS INITIATED ON JUNE 27TH, 2019. IT WAS MORE IPMC 302.7 ACCESSORY STRUCTURE TO REMOVE THE FENCE OR OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND REPAIR THE FENCE.
THE CITY'S REQUESTING THAT IF IT'S FOUND THAT THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT OR A FINE OF $50 PER DAY BE ASSESSED AND FORGIVE ME, I BELIEVE THIS CAME BEFORE SPECIAL MAGISTRATE ROGERS APPROXIMATELY A MONTH AGO. AND THE LADY I FORGET HER NAME THAT APPEARED SAID THAT IT HAD BEEN CORRECTED.
I WENT OUT AND CHECKED AND IT HAD NOT BEEN AND STILL HAS NOT BEEN AND THERE'S STILL NO PERMIT FOR THAT AND I HAVE PHOTOS.
>> THE CITY MOVES THE PHOTOS AS COMPOSITE ONE.
>> I WILL SO ADMIT THEM. ANYTHING FURTHER?
>> BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 612 NORTH 23RD STREET AND THAT ALL AROUND TOWN LLC IS RESPONSIBLE FOR THE VIOLATION.
THEY HAD BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF $50 PER DAY BE ASSESSED.
>> THAT'S IT. >> NO PUBLIC COMMENT OR ANYTHING. ALL RIGHT.
MADAME CLERK, HOW WERE THEY NOTIFIED?
>> FOR CASES REQUIRING A HEARING PER STATE STATUTE 162-12 A NTICE OF HEARING WAS SENT TO THE VIOLATORS CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNED SIGNED IT'S PLACED IN THE FILE.
IF IT'S RETURNED UNSIGNED AN AFFIDAVIT IS SENT TO THE VIOLATOR REGULAR U.S. MAIL. TEN DAYS PRIOR TO THE HEARING AND 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 TEN 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 OF HEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR.
IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED, OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, A NOTICE OF HEARING IS POSTED ON THE BULLETIN BOARD IN CITY HALL.
>> NO, MA'AM. >> WE ARE
* This transcript was compiled from uncorrected Closed Captioning.