Jun 25, 2026 Special Magistrate Hearing

[1. CALL TO ORDER]

[00:00:11]

>> SPECIAL MAGISTRATE HEARING OF JUNE 25TH, 2026, IS CALLED TO ORDER. 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]

>> RAISE YOUR RIGHT HAND. THE USER TO AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IS THE TRUTH?

>> I DO. >> BEFORE WE GET STARTED, IF ANYBODY NEEDS THE ASSISTANCE OF A HEARING DEVICE OR AN INTERPRETER, PLEASE LET US KNOW. ONE WILL BE PROVIDED TO YOU.

THIS MORNING IN FRONT OF YOU I HAVE THE ATTORNEY REPRESENTING THE CITY OF FORT PIERCE. FROM THE CODE ENFORCEMENT DEPARTMENT YOUR SPECIAL MAGISTRATE CLERK, PRINCE BO MARTINEZ, AND I WILL BE SERVING AS YOUR SPECIAL MAGISTRATE THIS MORNING. THESE NOTE FOR YOUR BACKGROUND THAT THE PROCEEDINGS THIS MORNINGS-- THIS MORNING WILL BE LIVE STREAMED AND RECORDED. FOR THOSE OF YOU WHO HAVE RECEIVED A CITATION OR A VIOLATION, I WILL REFER TO AS A A RESPONDENT THIS MORNING. IT'S IMPORTANT FOR YOU TO UNDERSTAND HOW THESE PROCEEDINGS WILL GO.

FOR SEE CITY WILL PRESENT IT'S EVIDENCE.

IT'S EVIDENCE MAY INCLUDE TESTIMONIAL CODE ENFORCEMENT OFFICERS, INVESTIGATORS, POLICE OFFICERS OR OTHER WITNESSES.

THE EVIDENCE MAY INCLUDE PHYSICAL ITEMS LIKE PHOTOGRAPHS.

AND WE WILL REFER TO THOSE AS EXHIBITS.

THE STATED PROOF THIS MORNING AS IF A VIOLATION HAS BEEN PROVEN BASED ON COMPETENT SUBSTANTIAL EVIDENCE.

THE RESPONDENT WILL HAVE THE ABILITY TO THEN MAKE LEGAL OBJECTIONS, CROSS-EXAMINE WITNESSES, IF YOU SO CHOOSE.

ONCE HE SAID HE HAS FINISHED PRESENTING IT'S CASE, YOU AS A RESPONDENT WILL THEM BE ALLOWED TO MAKE A STATEMENT, PRESENT WITNESS TESTIMONY AND PRESENT PHYSICAL EVIDENCE LIKE DOCUMENTS AND PHOTOS. AND DIED, AS SPECIAL MAGISTRATE, WILL RENDER A FINAL RULING. I ASK THAT IT-- HUMANE-- THAT THOSE MAINTAIN THEMSELVES AND CONDUCT THEMSELVES IN A RESPECTFUL MANNER, AND ANY COMMENTS SHOULD BE DIRECTED TO

[2. Case Number:  CE-2026-207 Investigating Officer:  Heather Debevec Violation Location:  4822 S US Highway 1]

>> WE WOLK IN CT-2026-207, 4822 SOUTH U.S. HIGHWAY 1.

>> GOOD MORNING, HOW ARE YOU? >> GOOD MORNING.

>> WHAT IS YOUR NAME? >> PATRICK KANE.

>> COULD YOU SPELL THE LAST NAME FOR ME? AND WHAT IS YOUR RELATIONSHIP TO THE PROPERTY?

>> AND THE OWNER OF DUNKIN' DONUTS.

>> OWNER OF DUNKIN' DONUTS. OKAY.

THANK YOU. OFFICER DEBEVEC, WHAT DO YOU

HAVE FOR ME. >> GOOD MORNING.

HEATHER DEBEVEC. CITY OF FORT PIERCE.

THIS CASE IS FOR PROPERTY 4822 SOUTH U.S. HIGHWAY 1.

THE CASE WAS INITIATED ON MARCH 30TH OF THIS YEAR.

AND IT'S GOING TO BE FOR THE VIOLATOR OF DUNKIN' DONUTS, 4822 SOUTH U.S. HIGHWAY 1, FOR A VIOLATION OF 22-20, SUBSECTION A. THE CITY REQUEST THAT THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS AT THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A CERTIFICATE OF USE OR CEASE ALL BUSINESS ACTIVITIES.

FAILURE TO COMPLY WITH THAN THE TIME PROVIDED WILL RESULT IN A FINE OF $250 PER DAY BEING ASSESSED, PER CITY ORDINANCE SECTION 22-28, ALL UTILITY SERVICES TO THE BUSINESS PREMISES WILL BE SUSPENDED WHILE THE VIOLATION CONTINUES.

I DO HAVE PHOTOS IN WHICH TO SUBMIT.

I HAVE SPOKEN WITH THE MANAGER AT THE DUNKIN' DONUTS, I HAVES SPEE CAN-- SPOKEN WITH MR. KANE IN REFERENCE TO THIS.

THEY DO HAVE AN APPLICATION IN, SO THEY HAVE STARTED THE PROCESS AS OF THE 22ND. SO THEY ARE IN PROCESS OF TRYING

TO RELIEVE THE SITUATION. >> TWENTY-SECOND OF THIS MONTH?

>> CORRECT. >> WE HAVE PROVIDED PHOTOGRAPHS DATED MARCH 26TH, A COPY OF THE NOTICES THAT HAVE GONE OUT.

DID YOU TAKE THE PHOTOGRAPH? >> YES.

>> DOES THIS TRULY AND ACCURATELY DEPICT THE VIOLATION

AS YOU OBSERVED IT? >> YES.

>> THE CITY MOVES INTO EVIDENCE DEPOSIT ONE.

>> I WILL ACCEPT THIS IN TO EVIDENCE AS CITIES COMPOSITE ONE. THANK YOU, MR. KANE.

[00:05:11]

TELL ME WHAT IS GOING ON HERE. >> I HAD A CHAT WITH THE CODE ENFORCEMENT OFFICER. AT THE ADDRESS NOTED THERE-- ALL THE ADDRESSES THERE ARE NOT MY CORPORATE OFFICE.

SO WE WILL HAVE A CONVERSATION WITH BEYOND.

HOPEFULLY AFTER THIS. MY CONTROLLER HAS BEEN EMAILING HER. I OPERATE 26 DUNKIN' DONUTS.

AND I HAVE A CONTROLLER WHO TAKES CARE OF THE CERTIFICATE OF USE AND FILING. THIS ONE APPARENTLY GOT MISSED.

THE NOTICES THAT WERE MAILED ON MARCH, WE NEVER RECEIVED.

WE GOT A PICTURE OF THIS THAT WAS PUT ON THE DOOR.

SO THANK YOU FOR DOING THAT, AND GIVING US NOTICE THAT WE ARE MISSING A LANDLORD. NO ONE ELSE GAVE US NOTICE AT THAT TIME. SHE HAS MOVED FORWARD AND FILED A CERTIFICATE OF USE APPLICATION.

THAT'S MAKING THE PHONE CALL AND SEEING THE BUSINESS AND BUILDING EXPECT-- INSPECTOR-- SENDING THE BUILDING INSPECTOR OUT IN THE NEXT 30 DAYS. HOPEFULLY WILL NOT TAKE THAT LONG. BUT WHAT I'M GOING TO TALK TO PIONK ABOUT IS HOW TO DEAL WITH THE DUNKIN' DONUTS THAT I OWN AND OPERATE IN FORT PIERCE, HAVING A CORRECT NOTICE PROVISION. WE ARE 2642 SOUTH WILLOUGHBY BOULEVARD. IF THE NOTICE GOES THERE, WE CAN ACT ON IT A LOT FASTER THAN OTHER NOTICES GOING OUT AT OTHER

LOCATIONS. >> FANTASTIC.

QUESTION, WHO ARE ALL THESE OTHER PEOPLE AT THESE ADDRESSES?

>> I AM A FRANCHISEE. SO DUNKIN' DONUTS IS THE FRANCHISOR. THAT'S THE FIRST NOTICE ON ROYAL STREET, THAT'S A CORPORATE SERVICE FOR THAT.

A.J. FLOOR INVESTMENT IS A PRIOR LANDLORD.

JAY JIWAN IS THE CURRENT LANDLORD.

AND HE GAVE NOTICE TO MIGHT CONTROLLER LAST WEEK WHEN I GOT THE PHONE CALL. HE HAD ALREADY TRIED TO FIND OUT WHAT IS GOING ON THERE. JUST ONE THAT UNFORTUNATELY SLIPPED THROUGH THE CRACKS. AND SHE HAS FILED THE APPLICATION. AND LIKE I SAID, I WILL HAVE A WHOLE CONVERSATION RIGHT AFTER THIS WITH BEYOND TO MAKE SURE WE HAVE THE RIGHT NOTICE ADDRESS FOR US SO WE CAN MAKE SURE THIS

IS ALL TAKEN CARE OF. >> FANTASTIC.

IN THE MEANTIME, I THANK YOU FOR YOUR DILIGENCE AND FOR COPYING ALL OF THIS QUICKLY. ANYTHING ELSE YOU WANT TO BRING

TO MY ATTENTION? >> THAT IS IT.

WE ARE WORKING ON IT AND WE WILL GET IT DONE.

>> ANYTHING FROM THE CITY? ALL RIGHT.

COULD YOU HOP BACK TO THE OTHER PAGE? THANK YOU. IT IS THIS COURT'S FINDING THAT A VIOLATION EXISTS AND THAT THE FOLLOWING BE ORDERED.

THE VIOLATOR WILL BE GIVEN 45 DAYS TO OBTAIN A CERTIFICATE OF USE OR CEASE ALL BUSINESS ACTIVITIES.

FAILURE TO COMPLY WITHIN THE TIME PROVIDED WILL RESULT IN A FINE OF $250 PER DAY BEING ASSESSED.

PER CITY ORDINANCE SECTION 22-28.

ALL UTILITY SERVICES AND BUSINESS PREMISES WILL BE SUSPENDED WHILE THE VIOLATION CONTINUES.

AND YOU DO HAVE 30 DAYS TO APPEAL IF YOU SO CHOOSE.

IF YOU COME UP ON THAT 45 DAYS AND YOU NEED ADDITIONAL TIME, I DON'T MIND YOU REACHING OUT TO THE CODE ENFORCEMENT DEPARTMENT TO SEE IF YOU GET SOME EXTRA TIME.

BUT THANK YOU FOR YOUR DILIGENCE AND THANK YOU FOR COMING OUT.

>> JUST MAKING SURE WE CAN GET THE FOLKS IN, BUILDING INSPECTOR

AND FIRE. >> THE RECOMMENDATION WAS 30, I FIGURED WE WILL GIVE YOU 45 TO GIVE YOU SOME CUSHION.

>> I APPRECIATE THAT. THANK YOU FOR THE HELP.

[1. Case Number:  CE-2026-201 Investigating Officer:  Heather Debevec Violation Location:  2401-507-0014-000-4]

>> NEXT CASE, PLEASE. >> THE NEXT CASE IS CE-2026-201.

2401-507-0014-000-4. IT IS A PERSONAL I.D.

24001-507-0014-000-4. >> SPECIAL MAGISTRATE, THIS IS CASE NUMBER CE-2026-201. FOR PERSONAL NUMBER 2401-507-0014-000-4. IT WAS A NOTICE OF VIOLATION ON MARCH 23RD OF THIS YEAR. THE OWNER OF THE PROPERTY IS CORAL SANDS, AT SOUTH OCEAN HOMEOWNERS ASSOCIATION INC.

THE VIOLATION IS A CONSTRUCTION OF DRIVEWAYS SIDEWALKS CURVES ET CETERA. THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THAT THE FOLLOWING BE ORDERED. THE VIOLATOR BE GIVEN 30 DAYS TO, ALL SIDEWALKS, DRIVEWAYS, DRIVEWAY APPROACHES, CURBS, CURBS AND GUTTERS, CULVERT INSTALLATION AND ALTERATION OF DRAINAGE DITCHES SHALL BE DONE IN ACCORDANCE WITH THE CITY'S CONSTRUCTION STANDARD SPECIFICATIONS AND DETAILS OF THE ELEVATIONS OF EXISTING CULVERTS AND DRAINAGE DITCHES.

OBTAIN ANY NECESSARY PERMITS AND COMPLY WITH PERMIT CONDITIONS.

FAILURE TO COMPLY BY THE DATE ORDERED WOULD RESULT IN A FINE

[00:10:02]

I DID FORWARD THAT TO ENGINEERING TO TAKE A LOOK AT AND BETTER HELP ME UNDERSTAND, AS THIS IS NOT SOMETHING THAT I NORMALLY DEAL WITH. WE DID AGREE TO THE 30 DAYS, AND A FEW DAYS MORE THAN WE WOULD BE ABLE TO BE-- COMMUNICATE WITH AN EXTENSION IF NEEDED. BUT THE 30 DAYS WAS MORE THAN ENOUGH FOR HIM TO GET THE PERMITS.

>> YOU HAVE PROVIDED PHOTOGRAPHS DATED JANUARY 6TH, MARCH 20TH, IN APRIL 27TH. AS WELL AS THE NOTICES THAT WENT OUT TO THE PROPERTY OWNER. AND THE EROSION AND SEDIMENT CONTROL AFFIDAVIT. THE PHOTOGRAPHS, DID YO TAKE

THEM? >> YES.

>> DO THEY ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVE TO?

>> YES. >> THE CITY MOVES INTO EVIDENCE

COMPOSITE ONE. >> I WILL ACCEPT THIS INTO EVIDENCE OF THE CITY'S COMPOSITE EXHIBIT ONE.

>> YOU ASKED ANOTHER DEPARTMENT TO ASSIST YOU IN EXPLAINING THIS VIOLATION. IS THAT THIS GENTLEMAN HERE?

>> CORRECT. FROM ENGINEERING.

WHICH IS WHERE THE COMPLAINT ORIGINATED FROM AS WELL.

>> AND COULD YOU TELL ME WHAT YOUR POSITION IS WITH THE

ENGINEERING DEPARTMENT? >> ENGINEERING INSPECTOR.

>> AND THE VIOLATION FOR THE CONSTRUCTION OF DRIVEWAYS, SIDEWALKS AND CURBS NOTES THAT THE DRIVEWAY AND SIDEWALKS AND CURBS SHALL BE DONE IN ACCORDANCE WITH THE CITY'S CONSTRUCTION STANDARDS AND SPECIFICATIONS AND DETAILS, AND ELEVATIONS TO THE CULVERT AND DRAINAGE DITCHES.

COULD YOU EXPLAIN IN LAYMAN'S TERMS HOW THIS IS A VIOLATION OF

THAT? >> UNDER ORDINANCE NUMBER K-421 THERE IS EROSION AND SEDIMENT CONTROL PLAN FOR THE CITY OF FORT PIERCE. ALSO THE STATE REQUIRES IT ALSO.

WHERE THEY HAVE TO HAVE AN ANTI-TRACKING DEVICE FOR THE PROPERTIES THAT ARE UNDER CONSTRUCTION.

AND IT HAS SPECIAL KIND OF STONE THAT WE HAVE TO PUT DOWN.

AND HE DOES NOT HAVE THAT. HE ALSO FILED.

[INDISCERNIBLE] SAYING HE WOULD ABIDE BY THIS,

AND HE DID NOT. >> ANYTHING FURTHER YOU THINK WOULD ASSIST THE SPECIAL MAGISTRATE?

>> I DON'T THINK SO. >> SAY HER LAST NAME AGAIN?

>> BOWS. >> THANK YOU FOR BRINGING ME UP TO SPEED. IN LIGHT OF THE VIOLATION, I SEE A RECOMMENDATION FOR 30 DAYS. DO YOU FIND THAT TO BE A

REASONABLE TIME? >> YES.

I THINK THAT IS-- THAT SHOULD NOT BE AN ISSUE.

>> AND OFFICER DEBEVEC, YOU SAID THAT THE RESPONDENT HAD AGREED TO THE 30 DAYS, IS THAT WHAT IT IS?

>> HE HAD AGREED TO THE 30 DAYS, KNOWING THAT IF HE NEEDED A LITTLE EXTRA TO OBTAIN THOSE PERMITS NECESSARY, HE COULD ASK ME, BECAUSE I UNDERSTAND THAT SOMETIMES PERMIT PROCESSING CAN TAKE A LITTLE LONGER. SO WE COULD HAVE DONE AN EXTENSION IF HE NEEDED IT FOR A FEW EXTRA DAYS.

BUT HIS INTENTION, I THINK, WAS TO OBTAIN PERMITS TO ACTUALLY LAY FOUNDATION FOR THE ROADWAY FOR THAT DEVELOPMENT.

>> THANK YOU. THANK YOU BOTH.

SO IT IS THIS COURT'S FINDING THAT A VIOLATION EXISTS AND THAT THE FOLLOWING BE ORDERED. THE VIOLATOR WILL BE GIVEN 30 DAYS TO COME INTO COMPLIANCE ALL SIDEWALKS AND DRIVEWAYS, DRIVEWAY APPROACHES, CURBS, CURBS AND GUTTERS, CULVERT INSTALLATION AND ALTERATION OF DRAINAGE DITCHES TO BE DONE IN ACCORDANCE WITH THE CITY'S CONSTRUCTION STANDARD SPECIFICATIONS AND DETAILS, ELEVATIONS OF EXISTING CULVERT

[00:15:05]

[1. Case Number:  CT-2026-2 Investigating Officer:  Heather Debevec Violation Location:  100 N US Highway 1]

NEXT CASE, PLEASE. >> THE NEXT CASE WILL BE CT-2026-2, 100 NORTH U.S. HIGHWAY 1.

>> SPECIAL MAGISTRATE, THIS IS CASE NUMBER CT 2026 STASH---2.

IT WAS A CITATION ISSUED ON MARCH 24TH OF 2026.

THE VIOLATOR BEING... THIS IS A CODE ENFORCEMENT CITATION FOR 26-5 ADVERTISING MATTER.

BE FINE BEING $100. ADMINISTRATIVE FEE OF $10.

I'M SORRY, XTS ME. THE FINE BEING $1000.

ADMINISTRATOR FEE OF $10, TOTALING TO $1010.

THE CITY REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THAT THE FOLLOWING BE ORDERED.

THE VIOLATOR BE ASSESSED A FINE IN THE AMOUNT OF $1010.

FAILURE TO PAY SUCH A FINE WITHIN 30 DAYS WILL RESULT WITH A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEMS. I DO HAVE PHOTOS IN WHICH TO SUBMIT.

AND I HAVE FLYERS IF YOU WISH TO SEE THOSE AS WELL.

BEFORE ISSUING THE CITATION I DID CALL AND SPEAK TO THE GENTLEMAN WHO PLACED THE FLYERS. I GAVE HIM THAT EVENING TO REMOVE THEM. I CAME IN THE NEXT MORNING ON THE FLYERS WERE STILL ON AT LEAST TEN OF THE VEHICLES.

RESULTING IN FURTHER LOOKING INTO THE BUSINESS.

THROUGH SUNBATHERS IT WAS REGISTERED AT A LOCAL ADDRESS.

I ISSUED THE CITATION AND I HAVE NOT SPOKEN WITH THE GENTLEMAN SENSE. HE HAS SINCE HAD HIS FATHER CALL ON HIS BEHALF, TRYING TO CLEAR THIS MATTER.

AND I EXPLAINED THAT THE SON NEEDED TO APPEAR AND TAKE CARE OF IT HIMSELF, SINCE IT IS THE SUN'S BUSINESS, AND THE SON WHO

PLACED THE FIRES. >> -- THE FLYERS.

>> YOU PROVIDED A PHOTOGRAPH DATED MARCH 24TH.

THIS WAS A COPY OF THE CITATION, AND COPIES OF THE CITATION MAILINGS. DID YOU TAKE THESE PHOTOGRAPHS?

>> YES. >> TO THE PHOTOGRAPH TRULY AND ACCURATELY DEPICT THE VIOLATION AS YOU OBSERVED IT?

>> THEY DO. >> THE CITY MOVES INTO EVIDENCE

DEPOSIT ONE. >> I WILL ACCEPT THIS INTO EVIDENCE AS THE CITY'S COMPOSITE ONE.

>> THE FINE IS $1000 IN TOTAL. IS THAT $100 FOR EACH OF THE FLYERS YOU FOUND ON EACH OF THE VEHICLES?

>> CORRECT. AND I JUST EXPLAINED TO THE GENTLEMAN WHEN WE CALLED HIM THAT IF THEY ARE NOT REMOVED

IT'S $100 PER FLIER. >> THANK YOU.

IT IS THIS COURT'S FINDING THAT A VIOLATION EXISTS AND A VIOLATION BE ORDERED. THE VIOLATOR WILL BE ASSESSED A FINE IN THE AMOUNT OF $1010 PALE CREDIT-- FAILURE TO PAY SUCH A FINE IN 30 DAYS WILL RESULT IN A FINE BEING REPORTED TO THE

[a. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

IS THAT OUR LAST ONE FOR TODAY? >> YES.

WE MOVE ON TO IDENTIFY CAJUN OF CASES IN COMPLIANCE OR RESCHEDULED. LTC L-2026-43.

530 BEACH COURT. AND OOP-2026-82.

6557 SOUTH STREET. AND AND OOP-2026-83.

SOUTH CT. BEACH COURT. CE-2026-209, 4830 SOUTH U.S.

HIGHWAY 1. AND OOP-2026-27, 1102 SOUTH 13TH STREET. LTC L-2026-44, 805 TEXAS COURT.

CE-2026-214, 4840 SOUTH U.S. HIGHWAY 1.

[00:20:01]

AND OOP-2026-85, 1114 BEACH COURT.

AND OOP-2026-86, 1114 BEACH COURT.

AND WITH REGARDS THE ALLEGED VIOLATORS WHO ARE NOT PRESENT TO BE HEARD, THEY WERE MADE AWARE OF THIS MORNING'S HEARINGS PER STATED STATUE 162-12. A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED BY MAIL. AT THE GREEN CARD IS RETURNED SIGNED IT'S PLACED IN THE FILE. IF IT'S RETURNED UNSIGNED OR UNCLAIMED, AND AFFIDAVIT OF MAILING WITH A NOTICE OF HEARING ENCLOSED IS SENT TO THE VIOLATOR VIA REGULAR U.S. MAIL.

TEN 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 TEN DAYS BEFORE THE HEARING, THE POSTING IS COMPLETED IN THE SAME MANNER AS IF THE CARD WAS RETURNED AND CLAIMED.

FOR CASES NOT MANDATED BY STATE STATUTE, MAILING OF THE NOTICE APPEARING ARE HANDLED IN THE SAME MANNER STATED PRIOR.

AT THE GREEN CARD IS RETURNED UNSIGNED AND UNCLAIMED OR NOT RETURNED WITHIN TEN DAYS OF THE HEARING, A NOTICE OF THE HEARING IS POSTED ON THE BULLETIN

* This transcript was compiled from uncorrected Closed Captioning.