[1. CALL TO ORDER]
[00:00:03]
GOOD MORNING. MY NAME IS FRAN ROSS.
I AM A SPECIAL MAGISTRATE WHO WILL BE PRESIDING OVER THIS MORNING'S HEARINGS.
YOU'RE HERE BECAUSE YOU RECEIVED NOTICE THAT YOUR PROPERTY WAS POSSIBLY IN VIOLATION OF A PARTICULAR CITY QUOTA ORDINANCE AND YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT IT. AS OF THIS MORNING, YOU HAVE NOT DONE IT AND YOU WISH TO BE HEARD.
I WILL GET TO YOUR CASES SHORTLY, OR YOU MAY BE HERE FOR A TRAFFIC CITATION, WHATEVER THE REASON. WE'LL CALL THE CASES SHORTLY.
IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
PLEASE[INAUDIBLE] PLEASE RAISE YOUR RIGHT HAND, STATE YOUR NAME FOR THE RECORD.[B. 19-3389 CE 723 S 7th Street Galinis, Jeff & Jamiebeth Heather Debevec]
OKAY, MADAM CLERK, WHEN YOU'RE READY.THE FIRST CASE WE HAVE IS19-3389 723 SOUTH SEVENTH STREET GALINIS.
WANT TO GO AHEAD AND SWEAR IN.
YES, PLEASE SWEAR HER IN FIRST, WOULD YOU PLEASE RAISE YOUR RIGHT HAND, STATE YOUR NAME FOR THE RECORD. JAMIEBETHGALINIS AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH? YES.
GOOD MORNING, SPECIAL MAGISTRATETHIS IS CASE19-3389 723 SOUTH SEVENTH STREET AND BY JEFF AND JAMIE BETH [INAUDIBLE] CASE WAS INITIATED ON DECEMBER 12TH OF2019 WAS FOR SECTIONS 22-194 SUBSECTION C SUBSECTION F TREE PROTECTION AND MITIGATION DUE TO THE IRREVERSIBLE AND IRREVOCABLE NATURE OF THE VIOLATION, STAFF IS RECOMMENDING A PENALTY EQUAL TO THE MITIGATION [INAUDIBLE] OF $250 PER [INAUDIBLE] ASSENTS TO EQUAL FIVE THOUSAND DOLLARS PAYABLE TO THE TREE FUND.
I ALSO HAVE PHOTOS IN WHICH TO SUBMIT.
AND SPECIAL MAGISTRATE MR. PAUL [INAUDIBLE] FROM THE PUBLIC WORKS DEPARTMENT.
OUR URBAN FORESTER IS ALSO HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
ALL RIGHT. THANK YOU.I HAVE PICTURES, TOO.
SO HAVE YOU SEEN THOSE PICTURESYOU NEED TO SEE THESE.
THEY LOOK LIKE MY PHOTOS.COUNSELOR.
HAVE YOU SEEN THEM?I HAVE NOT.
BUT I TRUST THAT STAFF HAS REVIEWED HER OWN PHOTOS.
I WOULD LIKE TO SEE THE RESPONDENTS PHOTOS.
AND YOU WANT THESE ADMITTED AS COMPOSITE 1C? YES, MA'AM. IT WILL BE ADMITTED AS SUCH.
THANK YOU.ALL RIGHT, YOU MAY PROCEED.
ARE YOU DONE?WELL, FIRST I JUST.
HAS SHE BEEN SWORN. THEY WERE SHORT, SHE WAS.
FIRST, I JUST WANT TO THANK HEATHER.
SHE'S BEEN SO HELPFUL EXPLAINING ALL OF THIS TO US.
THE TREE ITSELF, I'M A LITTLE CONFUSED WHY WE'RE BEING CHARGED, THE NATIVE TREE FEE.
THE TREE IS NOT NATIVE TO FLORIDA.
THE TREE ITSELF IS NOT OF ANY LEVEL OF CONCERN.
I DID. I KNOW MORE ABOUT THIS TREE THAN I EVER THOUGHT I EVER WOULD.
BUT THE INTERNATIONAL UNION FOR CONSERVATION OF NATURE SAYS THAT THE TREE IS NOT ENDANGERED. THERE'S NOTHINGWRONG WITH THE TREE.
THE TREE WAS VERY SICK AND GROWING IN A REALLY WEIRD PLACE.
AND WE WOULD JUST REALLY ASK THAT THERE'S OTHER TREES ON THE DOCKET TODAY THAT WERE NON-NATIVE TREES AND YOU'RE ASKING FOR THIRTY FIVE DOLLARS.
I WOULD JUST ASK FOR THE SAME CONSIDERATION FOR THIS TREE.
IT WAS GROWING BETWEEN TWO STRUCTURES, IN BETWEEN A CRACK IN THE PAVEMENT.
[00:05:02]
IT WAS UNDER POWER LINES.POWER LINES ARE ON GROUND POWERLINES ARE RIGHT NEXT TO IT AS WELL.
IF I KNEW I NEEDED TO GET A PERMIT TO TAKE DOWN THIS TREE, I CERTAINLY WOULD HAVE DONE SO. MY JOB IS TO MAKE SURE PEOPLE ARE FOLLOWING THE RULES.
SO IWOULD HAVE FOLLOWED THEM HAD I KNOWN.
I HAVE ANOTHER COPY.IFSHE WANTS A COPY.
IF THEY WANT TO LOOK AT THE SAME TIME, I FIGURED.
AND SPECIAL MAGISTRATE, WE HAVE NO OBJECTION TO THAT BEING ADMITTED AND MADE PART OF THE RECORD.OK, THIS WILL BE GALINIS EXHIBIT A COMPOSITE.
I WOULD HAVE TAKEN. I DON'T HAVE A PICTURES OF TREE BEFORE WE CUT IT DOWN OBVIOUSLY BECAUSE I JUST DIDN'T KNOW THAT I WOULD NEED TO DO THAT.
WHAT KIND OF TREE? IT'S A ROYAL POINT [INAUDIBLE].
THEY GET GIGANTIC. SO THEY GET, YOU KNOW, EVEN THE UNIVERSITY OF FLORIDA.
THE GENTLEMAN WHO WE BOUGHT A REPLACEMENT TREE FROM BUT THEN WE WERE AFRAID TO PLANT IT BECAUSE EVEN WHEN READING THE RULES, I WASN'T SURE IF I WAS ALLOWED TO.
IT NEEDS 10 FEET ON EVERY SIDE OF THE TRUNK AND WE DON'T HAVE 10 FEET ANYWHERE ON OUR PROPERTY. MY HUSBAND AND I WOULD BE MORE THAN HAPPY TO DONATE THE TREE THAT WE BOUGHT.
PARK HAS HUGE FIELDS AND NO TREES FROM ALL THE HURRICANES.
WE'D BE HAPPY TO DONATE THAT TREE AND PLANT IT AND TAKE CARE OF IT.
I JUST WE DON'T HAVE WE DON'T EVEN HAVE ENOUGH ROOM TO PLANT THE TREE AND NOT BREAK THE RULES OF THE CITY, WHICH SAYYOU HAVE TO HAVE A TREE SO FAR AWAY FROM THE SIDEWALK.
WE DON'T HAVE ENOUGH ROOM ANYWHERE ON THE PROPERTY IN QUESTION.
OK. AND CITY PARKS AND RECREATION, YOU WANT TO COME IN ON THIS? YES, YOU CAN.
YOU CAN SIT.YOU CAN SIT NEXT TO HEATHER.
MORNINGAS YOU COULD SEE THE PICTURES THAT WE TOOK WERE OF A STUMP OF A TREE.
I ACTUALLY THOUGHT IT WAS A JACARANDA TREE.
EITHER TREE IS PRETTY CLOSE SIMILAR IN SPECIES.
THAT'S THE REASON WE REQUIRE A TREE REMOVAL PERMIT SO THAT WE CAN COME OUT TO THAT LOCATION. LOOK AT THE TREE.
THEN EITHER APPROVE THE PERMIT OR DIS APPROVE THE PERMIT.
AND THAT PROCESS GIVES US THE AVAILABILITY TO MAKE SURE THAT ONCE THE TREE IS GONE, WE HAVE NO WAY OF TELLING WHETHER IT WAS HEALTHY OR THERE WAS A REASON TO CUT IT DOWN.
ACTUALLY, EVEN WHAT SPECIES IT IS, THERE'S ONLY FIVE TREES THAT WE DON'T REQUIRE PERMITS FOR. AND THOSE ARE ALL NUISANCETREES LIKE PEPPER TREES OR AUSTRALIAN PINES.
MOUNT LUKÁ, CARROT WOOD, ALL THE FLOWERING TREES ARE PROTECTED IN THE CITY OF FORT PIERCE. THE PERMIT IS AVAILABLE THROUGH THE BUILDING DEPARTMENT AND WE DO RESPOND QUITE QUICKLY. THERE'S EVEN A CLAUSE WHERE IF THERE'S A TREE THAT'S DAMAGED ORNEEDS TO COME DOWN AS SOON AS POSSIBLE, THEY CAN TAKE PHOTOS OF IT, SEND IT IN OR HAVE AN ARBORIST FROM A TREE COMPANY COME OUT AND CERTIFY THAT IT NEEDS TO COME DOWN IMMEDIATELY.
THEN WE SKIP THE PERMIT PROCESS.
THERE WAS A LOT OF QUESTIONS BECAUSE NOT EVERYBODY'S AN EXPERT AND I'M NOT SAYING THIS YOUNG LADY IS OR ISN'T AN EXPERT, BUT WE HAVE NO WAY OF TELLING.
ONCE WE COME OUT AND THE TREE IS COMPLETELY GONE.
HAVE YOU SEEN HER PHOTOS? THAT SHOWSIS THAT ROT.
IT'S THE GENTLEMAN WHO WHO HELPED US, YOU KNOW, THE LANDSCAPER THAT TOOK DOWN THE TREE TOLD US IT WAS BROWN ROOT ROT.
AND IF YOU LOOKED AT THE TREEUNFORTUNATELY I DON'T HAVE A PICTURE AGAIN, I DIDN'T THINK ABOUT DOING IT. IT WAS ALL ROTTED ALL UP AND DOWN THE TREE.
AND IF YOU LOOK, THAT'S WHERE THE PARKING LOT IS.
AND WE HAD A LOT OF CONCERNS ABOUT THAT.
WE HAD CONCERNS THAT IT WAS GROWING THROUGH AND AROUND A FENCE.
IT'S BREAKING UP THE PAVEMENT.
I MEAN, THERE WAS JUST IT WAS, YOU KNOW, I'M NOT GOING TO LIE.
IT WAS A VERY PRETTY TREE, BUT IT WAS JUST GROWING IN A VERY, VERY BAD PLACE.
I MEAN, IT COULDN'T CONTINUE TO.
IT WAS GOING TO DIE. NUMBER ONE.
BUT ALSO IT WAS CAUSING A LOT OF NUISANCE BETWEEN IN THAT WALKWAY.
YOU CAN KIND OF SEE I HAD MY HUSBAND MOVE OUT ALL OF THE GARBAGE PAILS, BUT THAT'S WHERE WE KEEP ALL THE GARBAGE PAILS.
SO ALL THE TENT, ALL THE PEOPLE THAT LIVE THERE.
THEY PUT THEIR GARBAGEPAILS RIGHT HERE AND EVERYTHING IS BREAKING UP.
AND IT'S JUST, YOU KNOW, THE NEIGHBOR NEXT DOOR HAS THREE MORE OF THEM.
SO IT'S NOT LIKE THEY'RE IN SHORT SUPPLY.
THIS IS A TREE THAT'S FEATURED IN THE [INAUDIBLE] PAINTINGS.
[00:10:03]
THIS IS THE TREE THIS FEATURED IN ALL THAT.ALMOST ALL OF THE HIGHWAYMEN PAINTINGS.
YES, MA'AM.I STILL BELIEVE IT WAS A JACARANDA TREE.
CAN YOU SAY WHAT? WHAT MAKES YOU BELIEVE THAT? WHAT MAKES YOU BELIEVE THAT IT WAS NOT ONE OF THE TREES THAT DOESN'T REQUIRE PERMISSION? IT'S DEFINITELY A PROTECTED TREE.
IT'S NOT AN AUSTRALIAN PINE[INAUDIBLE].
NONE OF THOSENOT A PEPPER TREE.
WHETHER IT'S ROYAL POINT [INAUDIBLE] OR JACARANDA OR ANY OF THOSE, THEY'RE ALL STILL PROTECTED. AND THAT'S ANOTHER POINT.
ONCE IT'S CUT DOWN, [INAUDIBLE] DIFFICULT.
SHE COULD BE CORRECT. THERE COULD HAVE BEEN MULTIPLE REASONS FOR THE TREE TO COME DOWN.
BUT THAT'S WHAT THE PERMIT PROCESS IS.
AT THIS POINT IT'S TOO LATE TO IF WE LET EVERYBODY MAKE THEIR OWN DECISIONS TO CUT THE TREES DOWN AND NOT GET A PERMIT, THEN WE'D BE DOING THIS ALL DAY TRYING TO DECIDE WHETHER OR NOT THEY JUST CUT THE TREE DOWN OR THERE WAS A REASON TO CUT THE TREE DOWN.
LET ME ASK YOU THIS. HOW DID IT COME TO YOUR ATTENTION THAT TREE HAD BEEN CUT DOWN.
I DON'T REMEMBER IF IT WAS IN CODE ENFORCEMENT OR THEY CALLED THE PUBLIC WORKS OFFICE, THAT SOMEBODY HAD CUT DOWN A BEAUTIFUL LARGE FLOWERING JACARANDA TREE.
I THINK IT WAS SOMEBODY THAT LIVED IN THE VICINITY.
AND YOU'RE ASKING, FIVE THOUSAND DOLLARS.
OUR RATES FOR WHAT WE CHARGE A PERSON THAT TAKES DOWN TREES THROUGH CONSTRUCTION ALL OUR MITIGATION RATE IS $250 PER CUBIC INCH OF WOOD.
HOW DID YOU DETERMINE HOW MANY CUBIC INCHES THIS TREE WAS.
WE MEASURE THE STUMP THAT WAS LEFT.
THAT'S FEATURED IN THESE PICTURES.
YES. AND SO WITH THAT TO DETERMINE THAT IT WOULD BE $5000.
WE MEASURED THE DBH OF THE TRUNK OF THE TREE AND THEN WE COME UP WITH THE INCHES OF THE TREE AND THEN TIMES IT BY $250.
AND SPECIAL MAGISTRATE, IF I COULD JUST JUMP IN THEREREAL QUICK THE MAXIMUM IF IT'S A 40 INCH TRUNK.
IT STILL STOPS AT 20 INCHES BECAUSE PER STATE STATUTE FOR ANYTHING THAT'S IRREVERSIBLE AND IRREVOCABLE, THE MAXIMUM IS $5000.
SO IF THAT WAS 21 INCHES, TWENTY SEVEN INCHES OR 50 INCHES, IT WOULD STILL STOP AT THE 20 INCH. IT'S THE MAXIMUM THAT WE CAN ASSESS AS A PENALTY.
IF THIS WAS A MITIGATION, WHICH IS LISTED IN THE CODE AS MR. BERTRAM SAID FOR A LAND CLEARING FOR DEVELOPMENT, THEY WOULD BE CHARGED THE FULL AMOUNT PER. THERE'S NO MAXIMUM $5000 PER TREE, IF THIS WAS A 30 INCH TREE, THEY'D BE PAYING THE FULL AMOUNT FOR MITIGATION.
BUT WE DO HAVE A LIMIT BY STATE STATUTE.
OK. AND IS THERE NO CONSIDERATION FOR THE ROT THAT SHE SAYS EXISTED? WE COULD TAKE THAT INTO CONSIDERATION.
AND THE LOCATION OF THE TREE ON THE FENCE HERE AND THE PAVEMENT.
I MEAN, IT WAS PRETTY OBVIOUS ON THIS SITE THAT THERE WERE SOME FACTORS FOR REMOVING A TREE THAT WOULD DEFINITELY QUALIFY FOR A TREE REMOVAL PERMIT.
BUT THAT PROCESS IS EMPLOYED SO THAT WE CAN CHECK THOSE THINGS PRIOR TO THE PERSON CUTTING DOWN THE TREE BECAUSE IT MAKES IT VERY DIFFICULT TO COME BACK IN AFTERWARDS AND THEN TRY TO FIGURE OUT EXACTLY WHAT HAPPENED.
AND I TOTALLY UNDERSTAND THAT.
I JUST DIDN'T KNOW THAT I NEEDED TO GET IT.
HAD I KNOWN. IT'S NOT LIKE THERE'S THIS.
I DON'T KNOW. HISTORY OF US NOT GETTING PERMITS.
WE'VE NEVER NOT GOTTEN A PERMIT FOR ANYTHING.
SO IF I HAD KNOWN THAT I NEEDED A PERMIT TO TAKE DOWN THIS TREE, I WOULD HAVE ABSOLUTELY DONE SO. I MEAN, THE TREE.
YOU COULD SEE THE TREES IN A HORRIBLE PLACE.
AND IT WAS DESTROYING MY NEIGHBOR'S STRUCTURE AND MY STRUCTURE.
SO, I MEAN, I'M MORE THAN HAPPY TO PAY FOR THE PERMIT.
BUT I MEAN.HOW MUCH IS IT TO APPLY FOR A PERMIT? THIRTY FIVE DOLLARS.
ANYTHING FROM THE CITY.YES, SPECIAL MAGISTRATE.
STAFF SUPPORTS OUR URBAN FORESTERS ASSERTION THAT IT IS IMPORTANT TO ADDRESS THESE ITEMS BECAUSE WE ARE A TREE CITY, WE'VE BEEN A PROUD TREE CITY FOR DECADES.
[00:15:04]
AND SO IT IS VERY IMPORTANT FOR US TO UPHOLD OUR REQUIREMENT TO GET THESE PERMITS FOR ANY TREE THAT REQUIRES THEM, AT A MINIMUM, CALLING IN TO HAVE SOMEONE COME OUT AND INSPECT IT.SO WE DO SUPPORT MR. BERTRAM'S WITHTHAT.
WE DO ALSO UNDERSTAND, HAVING SEEN THESE PHOTOS THAT WERE PRESENTED BY THE OWNER, THAT THERE WAS MITIGATING FACTORS AND SHE WOULD HAVE BEEN GRANTED A PERMIT VERY EASILY BECAUSE OF THE LOCATION, BECAUSE OF THE POSSIBLE DAMAGE TO THE TREE, BUT DEFINITELY BECAUSE OF THE LOCATION AND THE DAMAGE WAS DOING TO THE STRUCTURES.
SO THE STAFF WOULD RECOMMEND A DOUBLE PERMIT FEE IN ADDITION TO A FINE, BUT WE WOULD UNDERSTAND AT THE SPECIAL MAGISTRATE WANTS REDUCED THAT $5000 TO A NUMBER MORE APPROPRIATE TO THE SITUATION.
THIS IS THE FIRST TREE PERMIT CASE THAT I'VE HAD IN A WHILE.
BUT APPARENTLY IT'S THE SEASON BECAUSE THERE'S MULTIPLE ONES ON THE AGENDA TODAY.
YEAH.AND THERE IS THERE'S HARDLY ANY COUNTIES AND CITIES IN THE STATE OF FLORIDA NOW THAT DO NOT REQUIRE A PERMIT TO REMOVE A TREE.
I KNOW.[INAUDIBLE] LEGITIMATE TREE COMPANY THAT'S WORKING FOR YOU THEY ALL KNOW BECAUSE MY OFFICE GETS CALLS DAILY FROM TREE COMPANIES WANT TO KNOW HOW THEYAND MS. GALINIS, YOU ALL CUT THE TREE DOWN.
NO, WE DID HAVE A LANDSCAPER CUT THE TREE DOWN.
MY HUSBAND IS NOT PHYSICALLY ABLE ENOUGH TO DO SOMETHING LIKE THAT.
AND THE LANDSCAPER DIDN'T TELL YOU THAT YOU NEEDED A PERMIT.
HE SAID THE ONLY REQUIREMENT WAS THAT HE'S NOT THAT HE HAD TO TOE THE BRANCHES AND STUFF AWAY BECAUSE AS A LICENSED LANDSCAPER, HE'S NOT ALLOWED TO LEAVE THE STUFF IN FRONT OF THE HOUSE. SO HE DID CHARGE US FOR TOWING THAT THE TREES AWAY.
ANYTHING FURTHER? JUST THAT WE DID BUY THE OTHER TREE.
IF YOU DO, OR IF IT WOULD BE OK, WE WOULD BE MORE THAN HAPPY TO PLANT IT.
BUT ANY PARK, IT'S LIKE THIS BIG.
WE DIDN'T WANT IT PLANTED IN OUR YARD JUST BECAUSE WE WERE NOT SURE IF THAT WAS OK.
OK. ANYTHING FURTHER? ALL RIGHT.OK.
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED.
I WILL FIND THAT THERE IS A VIOLATION AT 723 SOUTH 7TH STREET AND JEFF AND JAMIEBETH GALINIS IS RESPONSIBLE FOR THE VIOLATION FOR THE REMOVAL OF THE TREE WITHOUT A PERMIT.
I WILL ASSESSTWICE THE PERMIT APPLICATION OF THIRTY FIVE DOLLARS, WHICH IS SEVENTY DOLLARS.PLUS ONE HUNDRED AND EIGHTY DOLLAR FEE FOR CUTTING DOWN THE TREE WITHOUT A PERMIT FOR A TOTAL FEE OF TWO HUNDRED AND FIFTY DOLLARS.
I WOULD CAUTION YOU AND EVERYBODY THAT'S LISTENING HERE IN THE AUDIENCE AND ALSO BE ON TV THAT BEFORE YOU DO ANYTHING ON YOUR PROPERTY, YOU NEED TO CALL THE CITY TO SEE IF IT'S PERMISSIBLE WITHOUT A PERMIT.
YES, MA'AM. THIS IS AN UNUSUAL CASE.
MS. [INAUDIBLE]. JUST ONE SHORT AMENDMENT TO YOUR ORDER OR TO YOUR RULING.
IF YOU COULD INDICATED THAT ANY FOR THE FUNDS OR DO WE GO TO THE TREE FUND.
OK. AND THESE WILL GO TO THE TREE FUND.
THANK YOU FOR COMING VERY MUCH.
AND YOU ALL CAN TALK ABOUT WHERE YOU WANT THAT TREE PLANTED THAT SHE HAS TO GIVE TO THE CITY. THANK YOU SO MUCH.
THANK YOU.THIS IS A COMPOSITE ONE.
[D. 20-0130 CE 1001 Avenue G Mitchell, Barry L Mitchell Jr, Barry L Heather Debevec]
[00:20:18]
THE NEXT CASE WE HAVE IS CASE20-1301001 AVENUE G.WHEN YOU'RE READY.THIS IS CASE NUMBER20-1301001 AVENUE GOWNED BY BARRY ANDBARRY MITCHELL JUNIOR. THIS WAS INITIATED ON JANUARY 16TH OF THIS YEAR.
IT WAS FOR SECTIONS.1646, 1647, 1648.
SUBSECTION 1, SUBSECTION 5 FOR OUTSIDE STORAGE SECTIONS1646,1647,1648 SUBSECTION TEN SUBSECTION D FOR A NON OPERABLE VEHICLE, THE NON OPERABLE VEHICLE.
WE WISH TO IT AS REVIEW AND DETERMINATION.
IT WAS REQUESTED THAT THEY REMOVE, BRING IN OR PLACE IN A SHED THE TARPS, VEHICLE PARTS, TIRES, CONTAINERS, COOLERS AND OTHER LOOSE ITEMS FROM THE FRONT AND WEST SIDE YARD.
THE CITY'S REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN TEN DAYS TO COMPLY OR FINE OF A $50 PER DAY BE ASSESSED THE OWNER OF THE PROPERTY OR A REPRESENTATIVE FOR THE PROPERTY.
HER AND I HAVE SPOKEN A COUPLE OF TIMES WHERE SHE HAS BEEN WORKING WITH THE TENANT TO TRY AND GET THINGS CLEANED UP, WHICH THERE HAVE BEEN SOME IMPROVEMENTS TO THE PROPERTY.
BUT THERE ARE STILL SOME THINGS THAT NEED TO BE BROUGHT IN SPECIFICALLY TO THE WEST SIDE MOSTLY, WHICH WE WENT OVER THIS MORNING.
THANK YOU.SPECIAL MAGISTRATE, I BELIEVE WE DID HAVE PEOPLE HERE THIS MORNING FOR THE THE CASE THAT THEY COULD COME FORWARD.
MS. MITCHELL.SHE'S GOING TO NEED.
AND THESE ARE COMPOSITE 1. YES, MA'AM.
IS SHE ABLE TO HAVE A SEAT RATHER THAN STAND? ABSOLUTELY. THANK YOU.
MS. MITCHELL. YOU CAN HAVE A SEAT. YOU CAN HAVE A SEAT IF YOU WANT.
OR YOUCAN STAND WHETHER STAND OR SIT, YOUR CHOICE.
WOULD YOU RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU'RE ABOUT TO GIVE UP WILLBE THE TRUTH? I DIDN'T UNDERSTAND.DO YOU SWEAR OR AFFIRM? AFFIRM. THANK YOU.
YOU'VE HEARD THE TESTIMONY PRESENTED BY MS. DEBEVEC. HOW DO YOU RESPOND TO THAT? ABOUT THE.WHAT'S AROUND THE PROPERTY WHERE I WITH TALKING WITH THE TENANT AND THEY'VE BEEN MOVING IT AND I WOULD TALK WITH HER LAST NIGHT AND WHATEVER ROUND THERE, SHE SAID SHE WAS GONNA MOVE IT.HOW LONG HAS SHE BEEN A TENANT? HOW LONG? HAS SHE LIVED THERE? NOT QUITE TWO YEARS.
WAS THE PLACE LIKE THIS WHEN SHE MOVED IN? IT WASN'T LIKE THAT WHEN SHE MOVED IN.
THIS IS SOMETHING THAT THEY BROUGHT AROUND HERE.
I THINK IT'S A FRIEND OF HERS.
HOW DID THIS COMPLAINT COME TO CODE? I DON'T UNDERSTAND THAT. IT WAS PART OF A SWEEP FOR THE HIGHWAYMEN FESTIVAL.
I'M DOING MY BEST TO GETIT STRAIGHTENED OUT.
YOU KNOW, THE PROBLEM I HAVE WITH WITH THIS SORT OF VIOLATION IS THAT IT CAN BE CORRECTED.
YOU WILL HAVE TRASH PICKUP IN YOUR NEIGHBORHOOD, DON'T YOU? IN THAT NEIGHBORHOOD. RIGHT.
THE TRUCKS COME IN AND THEY PICK UP THE TRASH[INAUDIBLE] SIT ON THE SIDE OF THE ROAD.
YES, IT COULD BE ON THE SIDE OF THE ROAD.
IS THIS AD ENGINE FROM A CAR HERE? AND I BELIEVE IN ONE OF THE OLDER PHOTOS.
YES, MA'AM.BUT THE ENGINE HAS BEEN REMOVED AND THE NON OPERABLE VEHICLE HAD BEEN REMOVED.
THE VEHICLE WAS MOVED TO, DIDN'T HAVE A TAG.
IT WAS MOVED.AND YOU REALIZE THAT EVEN THOUGH THERE'S A TENANT LIVING ON THE PROPERTY, THAT AS THE OWNER, YOU'RE ULTIMATELY RESPONSIBLE FOR ALL THE VIOLATIONS THAT OCCUR.
[00:25:07]
ALL RIGHT. ANYTHING FURTHER? WITH REGARDS TO THE NON OPERABLE VEHICLE, I'LL DO A REVIEW AND DETERMINATION THAT THE VIOLATION EXISTED BUT HAS BEEN CURED AS OF TODAY'S DATE WITH REGARDS TO THE REMAINING VIOLATIONS. I FIND THAT THEY DO EXIST AND THAT BARRY L.MITCHELL JUNIOR RESPONSIBLE FOR THE VIOLATION.
I WOULD GIVE THEM 10 DAYS TO COMPLY CLEAN THIS PLACE UP.
AND IF THEY DON'T, THEN YOU'LL BE FINE.
$50 PER DAY UNTIL IT'S CLEANED UP.
I DON'T UNDERSTAND WHAT YOU'RE SAYING? LET ME BREAK IT DOWN.
THE TENANT, YOU AND THE TENANT YOU AS THE OWNER, THE TENANT IS ALSO THE TENANT.
YOU GOT 10 DAYS TO GET THIS PLACE CLEANED UP.
ALL RIGHT. IF YOU DON'T, I'M GONNA FINE YOU A $50 PER DAY.
SO YOU HAVE ONLY 10 DAYS TO DO THIS.
ALL RIGHT. AND YOU HAVE 30 DAYS TO APPEAL.
I'M SURPRISED THE NEIGHBORS DIDN'T COMPLAIN ABOUT IT.
ALL RIGHT, THANK YOU. THANK YOU.
THANK YOU, MA'AM. HEATHER, WE'LL BE IN TOUCH.
SHE'LL GIVE YOU A CALL.WE HAVE THREE CASES THAT WE'RE GONNA PRESENT.
[G. 19-3454 CE 3945 S US Highway 1 Scavello Management LLC Heather Debevec]
IT'S CASE19-3454 3945 SOUTHU.S.HIGHWAY 1 SCAVELLO MANAGEMENT LLC.
THANK YOU.[INAUDIBLE] WHEN YOU'RE READY.SPECIAL MAGISTRATE.
THIS IS CASE NUMBER19-3454 IT'S3945 SOUTH US 1 OWNED BY SCAVELLO MANAGEMENT LLC CASE WAS INITIATED ON JANUARY 10TH OF THIS YEAR WAS FOR SECTION22-192 PERMIT REQUIRED IS REQUESTING THAT THEY HAD OBTAINED A LAND CLEARING PERMIT THROUGH THE BUILDING DEPARTMENT.
CITIES REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN THE PERMIT.
COMPLY WITH THE PERMIT CONDITIONS OR A FINE OF ONE HUNDRED DOLLARS PER DAY BE ASSESSED.
I DO HAVE PHOTOS IN WHICH TO SUBMIT.
HASMR SCAVELLO SEEN THE PICTURES? NO, I DIDN'T HAVE THAT CHANCE THIS MORNING.
ARE YOU MR. SCAVELLO, SIR. YES, MA'AM.[INAUDIBLE] THANK YOU.
CAN WE HAVE HIM SWORN. YES.OK, STATE YOUR NAME FOR THE RECORD.
[INAUDIBLE] SCAVELLO. AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH. YES.
SO SPECIAL MAGISTRATE. NOW HE WOULD MOVE THEM IN AS CITY'S ONE COMPOSITE.
HOW DO YOU RESPOND TO THE ALLEGATION? OK, SO I KNOW YOU MENTIONED EARLIER BEFORE YOU DO ANY WORK, CONTACT THE CITY FIRST.
SO THAT'S WHAT I DID. I RESIDE IN NEW YORK.
I OWN A BUSINESS, A RESTAURANT CATERING HALL IN NEW YORK.
AND I JUST RECENTLY PURCHASED PROPERTY IN FORT PIERCE.
DURING THE DUE DILIGENCE PERIOD, I CONTACTED THE BUILDING DEPARTMENT.
I WAS THEN TOLD THAT THERE WAS BRAZILIAN PEPPER TREES LOCATED ON THE SITE, THAT I DIDN'T NEED A PERMIT FOR REMOVAL OF THE BRAZILIAN PEPPER TREES.
I WOULD HAVE TO APPLY FOR A TREE REMOVAL PERMIT.
SO THAT'S WHAT I DID. SO I GOT IT NOTARIZED ON NOVEMBER 13, 2019.
I DON'T KNOW IF HEATHER HAS A COPY, BUT I WANT TO PRESENT THIS TO YOU.
AND THE CITY ATTORNEY AS WELL.
SO AT THAT POINT, I ABOUT A WEEK LATER 10 DAYS LATER, APPROXIMATELY NOVEMBER 22ND, I CONTACTED THE CITY TO MAKE SURE THAT THEY RECEIVED THIS AND THEY ACKNOWLEDGED THAT THEY DID RECEIVE IT. SO I THEN HIRED A TREE COMPANY.
IT WAS CALLED MANAGE TREES, LOCATED IN FORT PIERCE IN ST.
LUCIE COUNTY TO REMOVE THE BRAZILIAN PEPPER TREES FROM THE PROPERTY.
[00:30:05]
WE WERE THREE QUARTERS AWAY DONE UNTIL I WAS CONTACTED FROM THE COMPANY, THE OWNER MANNEY THAT THERE WAS A CODE OFFICER THERE.AND SHE EXPLAINED TO ME THAT SHE WANTED TO STOP WORK ORDER AND ASKFOR A PERMIT.
AT THAT POINT, I WAS IN COMMUNICATION WITH HEATHER.
I SENT OVER THE PAPERWORK TO HER THAT THE CITY TOLD ME TO DO.
AND SHE TOLD ME TO STOP THE WORK IN THE MEANTIME UNTIL SHE FINDS FURTHER DETAILS.
AND THAT'S WHAT WE DID. SO IT'S BEEN IT'S BEEN OVER A MONTH NOW, WELL SEVERAL MONTHS.
I INCURRED SEVERAL COSTS BECAUSE I YOU KNOW, NOT ONLY DID I HAVE TO PAY FOR THE COMPANY, BUT I HAD THE RENT EQUIPMENT FROM SUNBELTRENTAL.
AND LIKE I SAID, YOUR MAGISTRATE I DID MY DUE DILIGENCE.
YOU KNOW, I'M NOT FAMILIAR WITH MITIGATING, BUT.
BUT I WAS TOLD THAT BRAZILIAN PEPPERS THERE WAS NO PERMIT NEEDED FOR REMOVAL.
WE AGREE THERE IS NO PERMIT REQUIRE FOR BRAZILIAN PEPPERS.
UNFORTUNATELY, THERE WAS OTHER TREES ON THIS LAND AND THEY CLEARED THE LOT.
AND THAT'S WHERE THE SECOND CASE COMES IN, BECAUSE THE THIS ONE WAS ABOUT THE LAND CLEARING, BECAUSE THE LAND WAS CLEARED COMPLETELY, AS YOU CAN SEE BY THE PHOTOS.
AND THAT'S WHERE THE SECOND CASE, WHICH I HAVE NOT READ IN AT THIS TIME, COMES IN FOR THE REMOVAL OF SOME PALM TREES.
SO IN THIS CASE HERE, THE LAND WAS CLEARED WITHOUT A PERMIT.
YES, MA'AM.BECAUSE IT WAS SPECIFIC ON THAT PERMIT.
IF YOU READ IT SAYS VEGETATION BE REMOVED.
IT'S SPECIFIC ONLY TO BRAZILIAN PEPPER TREES, NOT ALL VEGETATION.
YOU MAGISTRATE, IF I CAN SEE IF THERE WAS NO WAY FOR YOU TO DETERMINE THAT THERE WAS OTHER TREES LOCATED ON THE SITE.
I EVEN SPOKE TO THEY WERE INTERTWINED.
BRAZILIAN PEPPERS ARE OVER 20 FEET HIGH.
THERE WAS NO WAY FOR I MEAN, EVEN THE I HIRED A TREE COMPANY OUT OF ST.
LUCIE COUNTY THINKING THAT I'M DOING THE RIGHT THING.
IF I KNEW THERE WAS A PERMIT TO BE OBTAINED, I WOULD HAVE DONE SO.
THIS IS WHY I CALLED UP THE BUILDING DEPARTMENT.
I HAVE TIMES. YEAH, I MEAN, I YOU KNOW, IF I WAS UNDER THE IMPRESSION THAT THAT WAS NEEDED, I WOULD HAVE DONE SO.
WELL, IN YOUR APPLICATION FOR TREE REMOVAL, YOU DO STAY IN QUESTION NUMBER FOUR ON THE APPLICATION DESCRIPTION OF VEGETATION TO BE REMOVED.
AND THE PURPOSE WAS TO REMOVE THE VEGETATION, TO CLEAR LAND FOR COMMERCIAL USE.
SO IT WAS SPECIFIC TO BRAZILIAN PEPPER TREES.
AND YOU MAY NOT HAVE UNDERSTOOD THAT, BUT CLEARLY YOU'RE GUY MANNEYSHOULD HAVE KNOWN THAT A PERMIT WAS REQUIRED FOR ANYTHING ELSE.
IF THAT'S WHAT HE OR SHE OR THAT COMPANY DOES FOR A LIVING.
CORRECT. THE ONLY QUESTION IS THAT WAS DONE.
I MEAN, THE BRAZILIAN THE OTHER TREE WAS INTERTWINED, BUT DEEP INTO THE PROPERTY FOR THE FIRST ACRE OR SO.
SO APPLYING FOR THIS THERE WOULD YOU WOULD NO WAY.
I MEAN, EVEN THE BUILDING DEPARTMENT ITSELF, WHEN THEY WERE LOOKING AT GOOGLE MAPS AND DOING IT,THEY CLEARLY SEEN BRAZILIAN PAPERS THEY WERE THE ONES THAT DIRECTED ME ON HOW TO PROCEED. SO I GET THAT.
AND FOR THE FUTURE, I MEAN, IJUST PURCHASED ANOTHER PROPERTY IN FORT PIERCE.
BUT, YOU KNOW, IN THE FUTURE, I'LL KNOW EXACTLY WHAT TO DO.
BUT IF LIKE I SAID, I THIS WAS HOW I WAS DIRECTED.
THIS ONE WAS FOR CLEARING THE LAND COMPLETELY, NOT JUST THE TREES, IT'S CLEARING THE LAND.THE APPLICATION FOR TREE REMOVALTHAT I HAVE IS FOR THE BRAZILIAN PEPPER TREE.
WE'RE GOING TO GET CONFUSED BECAUSE THERE'S TWO SEPARATE CASES.
I HAVE THE ONE CASE WHERE HE HAS COMPLETELY CLEARED THE LAND AND THEN I HAVE A SEPARATE CASE WHERE IT'S ABOUT THE TREE REMOVAL.
I BELIEVE IT'S ACTUALLY THREE CASES.
THERE IS THREE CASES BECAUSE THERE'S TWO DIFFERENT PARCELS.
SO THE SPECIAL MAGISTRATE JUST TO REFOCUS THIS BECAUSE THE LAND WAS CLEARED COMPLETELY OUTSIDE THE SCOPE OF THAT PERMIT.
WE ARE REQUESTING THAT THE OWNER BE GIVEN 30 DAYS TO OBTAIN THE CORRECT PERMIT AND COMPLY WITH ALL THOSE PERMIT CONDITIONS.
AND FAILING TO DO SO WOULD REQUEST A $100 PER DAY FINE BE ASSESSED.
MR. [INAUDIBLE], DO HAVE ANYTHING TO THAT? YES THERE ARE WAYS OF DOING THAT.
AND THAT'S WHY WHEN WE GET TO THAT EXTENT OF CLEARING THE PROPERTY, THEY REQUIRE A LAND CLEARING PERMIT.
IN THAT WAY, CERTAIN THINGS CAN BE TAKEN IN THAT THE MITIGATION FOR TREES THAT ARE NOT PEPPER TREE THAT ARE ON THE PROPERTY, AND THEN IF ONE ACCIDENTALLY GETS TORN OUT WHEN THEY'RE IN THERE WITH THE BIG MACHINERY, WE CAN COMPLY WITH GOING OUT THERE AND LOOKING AT
[00:35:04]
THAT. IN THIS CASE, IT WAS SABLEPALMS THERE.BUT THERE IS A WAY TO GET AROUND AND IT JUST TAKES A LITTLE MORE WORK TO GET IT OUT WITHOUT DAMAGING THE TREES THAT ARE ON THE PROPERTY, WHICH WOULD INVOLVE SOME HAND WORK IN THOSE PERMIT FEES FOR LAND CLEARING INVOLVED.
OK. ANYTHING FOR THE THANKS FOR THE CLARIFICATION.
ANYTHING FURTHER?MR. SCAVELLO. NO. THEN BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AT 3945 SOUTH US HIGHWAY 1 AND THAT SCAVELLO MANAGEMENT LLC IS RESPONSIBLE FOR THE VIOLATION.YOU'LL BE GIVEN 30 DAYS TO OBTAIN A PERMIT, THE PROPER PERMIT.
AND I THINK WE PROBABLY KNOW NOW WHAT YOU NEED TO DO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF ONE HUNDRED DOLLARS PER DAY WILL BE ASSESSED.
THAT PERMIT IS USUALLY GOOD FOR ABOUT 180 DAYS.
AND IF YOU NEED TO GET AN EXTENSION, JUST TALKED TOBUILDING OR CODE AND THEY'LL HELP YOU OUT.EXHIBIT 1.
[L. 20-0049 CE S US Highway 1 2434-601-0052-0106 Scavello Management LLC Heather Debevec]
THE NEXT CASE IS 20-49 SOUTH U.S.HIGHWAY 1 SCAVELLO MANAGEMENT LLC.
THANK YOU SPECIAL MAGISTRATE, THIS ONE'S20-49SOUTH U.S.
HIGHWAY 1 SCAVELLO MANAGEMENT LLC CASE WAS INITIATED JANUARY 10TH2020 FOR SECTION22-192 PERMIT REQUIRED REQUESTING THAT THEY OBTAINING LAND CLEARING PERMIT THROUGH THE BUILDING DEPARTMENT CITIES REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF ONE HUNDRED DOLLARS PER DAY BE ASSESSED.
THIS IS EXACTLY LIKE THE PREVIOUS CASE WE JUST DID.
ARE THEY THE IDENTICAL PHOTOS? THIS IS THE SAME.I'D LIKE HIM TO STILL HAVE A CHANCE TO LOOK AT IT BEFORE WE HAND THEM UP.
YEAH.JUST JUST YOU UNDERSTAND.
SO THERE'S TWO PARCELS THAT ARE INVOLVED HERE, SO WE HAVE TO ADDRESS THEM SEPARATELY.
ABSOLUTELY. SO ONE PARCEL WAS PRETTY MUCH CLEARED PRIOR TO THE PURCHASE OF IT.
SO, I MEAN, IDEALLY WE WERE LOOKING AT PARCEL 2, WHICH IS IN THE BACKEND OF THE PROPERTY.
SO.SO I DON'T I DON'T MEAN TO INTERRUPT YOU, SIR, I'M SORRY.
JUST SO THAT WE HAVE A CLEAR RECORD.
CAN WE GO AHEAD AND GET THOSEENTERED AND THEN YOU CAN SAY WHATEVER YOU WANT TO SAY ABOUT THEM. ABSOLUTELY. THANK YOU.
OK. SOWE'D MOVE THOSE CITY'S ONE COMPOSITE.
ALL RIGHT MR. SCAVELLO.SCAVELLO.
YOUR RESPONSE?I'M GOING TO PULL THE MAP UP.
SPECIAL MAGISTRATE, JUST FOR A VISUAL OF THE TWO PARCELS.
THIS IS SO THIS IS THE PARCEL THAT WE'RE DISCUSSING RIGHT NOW.
AND IS IT NEAR THE OLD WAL-MART ON U.S.
1 THERE .SHUT DOWN OR THE OLD SAMS. IT IS NEAR THE OLD SAM'SI RECOGNIZE SOME OF THE BUILDINGS IN THE PHOTOS.
THIS IS THE PARCEL WE'RE DISCUSSING NOW, AND THIS WAS THE OTHERPARCEL HEATHER.
THE ONE ON THE BACK WAS THE ONE YOU'VE ALREADY RULED ON.
SO THERE'S THE FIRST ONE. OK.SO HOW DO YOU RESPOND TO THAT, MR. SCAVELLO.IT'S IDENTICAL FROM THE PREVIOUS CASE.
YEAH. SO IS THERE ANY FURTHER EVIDENCE THE CASES ARE BASICALLY TIED TO EACH OTHER.
ALL RIGHT.I FIND IT VIOLATION EXISTS.
YOU'LL GET 30 DAYS TO OBTAIN A PERMIT, AND IF NOT, YOU'LL BE FINED ONE HUNDRED DOLLARS PER DAY. I REALLY APPRECIATE WHAT YOU'RE DOING.
THE CITY APPRECIATES WHAT YOU'RE DOING.
IT'S JUST I HAVE LEARNED FROM DOING THIS JOB.
I HARDLY DO ANYTHING AT MY HOUSE WITHOUT CALLING AND SAYING, DO I NEED A PERMIT FOR THIS? BECAUSE ESPECIALLY WITH THE TREES, YOU NEED A PERMIT FOR MOST, IF NOT ALL OF THOSE TREES IF YOU'RE GOING TO REMOVE THEM AND MY CONCERN IS THAT THERE ARE GUYS OUT THERE WHO ARE DOING THEIR JOBS AND KNOW THEY NEED PERMITS AND WILL NOT TELL YOU THAT A PERMIT IS NEEDED.
ABSOLUTELY. AND I SAY THAT BECAUSE ONE TOLD ME THAT TWO DAYS AGO AND I SAID, NO, I NEED A PERMIT. AND SO I KNOW THIS HAPPENS ALL THE TIME.
IT'S UNFORTUNATE. BUT THANK YOU AGAIN AND GOOD LUCK.
[W. 20-0030 CE 3945 S US Highway 1 GGI II Properties LLC Heather Debevec]
YES, MA'AM.THE LAST ONE IS CASE 20-30 3945SOUTH U.S.[00:40:03]
HIGHWAY ONE.THIS ONE IS FOR GG 1 1 PROPERTIES LLC.IT SHOULD STILL BE UNDER SCAVELLOIT JUST WASN'T UPDATED BECAUSE THEY DID SELL IT TO SCAVELLO. OK.WHAT NUMBER AND LETTER IS IT ON.
YOU MAY.THIS IS CASE NUMBER20-39 3945 SOUTH US 1, IT IS SCAVELLO MANAGEMENT.
I APOLOGIZE THAT THIS DID NOT GET UPDATED.
THIS CASE WAS INITIATED JANUARY 9TH OF 2020.
IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATOR BE FINED TWO HUNDRED DOLLARS PER PALM TREE.
SIX TREES WERE REMOVED TO TOTAL TWELVE HUNDRED DOLLARS FUNDS TO BE PLACED IN THE CITY'S TREE FUND.AND I DO HAVE PHOTOS.
WHICH THESE ARE IDENTICAL TO THE OTHER3945 THEY'RE THE SAME PHOTOS.
I'M OK. YEAH, I'VE [INAUDIBLE] THE SAME PHOTOS.
CITY. MOVE THEM INTOCITY'S ONE COMPOSITE SPECIAL MAGISTRATE.
I'M SORRY, MAGISTRATE, AGAIN, LIKE YOU SAID EARLIER, I HIRED A COMPANY BASED OUT OF ST.
LUCIE COUNTY.YOU KNOW, I WOULD HOPE THAT HE WOULD KNOW OR RECOGNIZE THE DIFFERENCE BETWEEN TREES THAT'S SUPPOSED TO BE REMOVED AS OPPOSED TO PALM TREES.
I MEAN, NOT UNTIL HEATHER CONTACTED ME.
HE ACKNOWLEDGED THAT IT WAS ALREADY ON THE GROUND.
HE CLAIMED THAT IT WAS INTERTWINED AND THERE WAS NO WAY HE COULD HAVE SEEN IT.
AND I KNOW YOU SAID EARLIER THAT SOMETIMES YOU KNOW THAT BEING SO CLOSE WHEN YOU'RE WITH THE TRACTOR, BUT HE COULD HAVE BEEN MORE CAREFUL.
BUT I MEAN, I HIRED A COMPANY THAT CLAIMED THAT HE WAS THAT REPUTABLE.
AND I LOOKED AT REVIEWS, YOU KNOW, I KNOW, I KNOW.
OBVIOUSLY, I SEEN THE PICTURE.
BUT IF YOU COULD TAKE IN CONSIDERATION THAT, YOU KNOW, THAT THIS WASN'T DONE INTENTIONALLY.I DO.
I DO. I DO BELIEVE YOU'RE SINCERE, THAT THE MERE FACT THAT YOU WENT THROUGH THE PROCESS OF HIRING SOMEBODY TO REMOVE THE TREES IS A LOT.
SO ANYTHING FURTHER FROM EITHER PARTY? THE IT'SREALLY NOT HOW IT WORKS [INAUDIBLE]LAND CLEARING PERMIT.
IF HE WAS GOING TO GET THE PERMIT AND GOT THE PERMIT AND WAS GOING TO REMOVE THE TREES, THAT IS THE COST OF THE MITIGATION FOR REMOVING SABLE PALM WITH A PERMIT.
IT'S A FLAT RATE OFTWO HUNDREDPER SABLE PALMS ALL RIGHT. THERE'LL BE NOTHING FURTHER.
I FIND THAT A VIOLATION EXIST AT 3945 SOUTH US HIGHWAY 1AND THAT MR. SCAVELLOTHAT'S RESPONSIBLE FOR IT NOW.
WHEN I WAS UPDATING I MIXED A BOX APPARENTLY.
MR. SCAVELLO IS RESPONSIBLE FOR THE AND OR HIS COMPANY.
THE CITY IS ASKING FOR A FINE HERE.
ASKING FOR A FINE OF TWELVE HUNDRED DOLLARS.
THANK YOU. AND THE FUNDS WILL BE PLACED IN THE CITY'S TREE FUND.
HOW LONG WILL IT TAKE YOU TO PAY THE MONEY? I COULD DO IT TODAY IF.OK.
I'LL SAYPAYABLE WITHIN 10 DAYS.
THANK YOU. GOOD LUCK.THANK YOU SO MUCH.
[E. 20-0107 CE 421 N 10th Street Dellepere (TR), Patricia Heather Debevec]
THE NEXT CASE IS 20-107 421 NORTH 10TH STREET DELLEPERE.MORNING SPECIAL MAGISTRATE. GOOD MORNING.SPECIAL MAGISTRATE, CAN YOU KNOW, I HAVEN'T HAD THEGENTLEMEN SWORN SINCE HE'S AT THE PODIUM.
YES. PLEASE RAISE YOUR RIGHT HAND.
STATE YOUR NAME FOR THE RECORD.
[INAUDIBLE]. WHAT IS IT, SIR? [INAUDIBLE].
WOULD YOU SPELL YOUR LAST NAME? N AS IN NANCY I E V AS IN VICTOR, [INAUDIBLE] I'M SORRY.
E AS IN [INAUDIBLE] S AS IN SAM.
AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU'RE ABOUT TO GIVE WILL BETHE TRUTH? YES.I DO MA'AM. THANK YOU.
[00:45:01]
DEBEVEC.AND THIS IS CASE NUMBER 20-107 421 NORTH 10TH STREET, OWNED BY PATRICIA DELLEPERE CASE WAS INITIATED JANUARY 16TH OF THIS YEAR WAS FOR SECTION 1625 SUBSECTION C.RESPONSIBILITY FOR CONTAINERS REQUESTING THAT THEY STORE A TRASH RECYCLE AND YARD BINS TO THE SIDE OR REAR OF THE HOME.
CITIES REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THAT LATER BE GIVEN FIVE DAYS TO COMPLY OR A FINE OF $10 PER DAY BE ASSESSED.
DID YOU NEED TO SEE THEM FIRST SIR? SO WE LIKETO MOVE THEM IN AS CITY ONE COMPOSITE.
THANK YOU.THEY WILL BE ADMITTED AS CITY'S COMPOSITE OF 1.
ANYTHING FURTHER, SIR, YOU'VE ALREADY BEEN SWORN.
HOW DO YOU RESPOND? THE CONTAINERS HAVE BEEN MOVED TO THE BACK OF THE PROPERTY.
I MOVED THEM THIS MORNING MYSELF.
WE DID DO THE LANDSCAPING AS WAS REQUESTED.
AND THE TENANT THAT'LL BE TAKING POSSESSION HAS ALREADY BEEN WARNED ABOUT THE OTHER CONTAINERS MA'AM.THESE ARE THE TENANTS THAT WERE THERE WHEN THE COMPLAINT CAME ABOUT.
I BELIEVE THE PROPERTY WAS VACANT.
OK.THE LANDSCAPING COMPANY LEFT THEM ON THE SIDE.
THEY PUT SOME BRANCHES IN THERE AND LEFT THEM THERE.
OK. ANYTHING FURTHER? ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED.
HOLD ON ONE SECOND. WHAT'S YOUR RELATIONSHIP TO THE PROPERTY? I'M THE REALTOR SLASH INVESTOR.
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT320 NORTH 13TH STREET.AND THAT.
SPECIAL MAGISTRATE, 420 NORTH 10TH.
AND THAT PATRICIA DELLEPERE, WHO IS REPRESENTED HERE TODAY BY MR. [INAUDIBLE] IS RESPONSIBLE FOR THE VIOLATION.
YOU WILL BE GIVEN FIVE DAYS TO COMPLY OR FINED A$10 PER DAY WILL BE ASSESSED.
WE HAVE ,ORE CASES OF PEOPLE LEAVING THE CONTAINERS ALONG THE SIDE OF THE ROAD THAN WE HAVE TREE CASES.
OK. BELIEVE IT OR NOT, THAT'S ONE OF OUR NUMBER ONE COMPLAINTS THAT WE RECEIVE IN THE OFFICE.OK. THANK YOU.
[K. 19-3152 CE 960 S US Highway 1 960 US 1 LLC Heather Debevec]
NEXT IS19-3152960 U.S.RAISE YOUR RIGHT HAND. STATE YOUR NAME FOR THE RECORD, PLEASE.
C A R L S O N. AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH.YES, MA'AM.
YES. AND THIS IS CASE NUMBER 19-3152 960 SOUTH U.S.
CASE WAS INITIATED NOVEMBER 21ST OF LAST YEAR, IT WAS FOR IPMC 302.7 ACCESSORY STRUCTURE IPMC 304.2 PROTECTIVE [INAUDIBLE] WAS REQUESTED THAT THEY REPAIR THE MISSING FENCE PANELS AND GATES.
PAINT THE SOUTH STAIRWAY WHERE THE PAINT IS PEELING AND CHIPPING.
THE CITY REQUEST THAT IFTHE SPECIAL MAGISTRATE FINDS THAT VIOLATION EXISTS THAT THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED.
HE HAS STARTED WORK ON THE RAILWAY, ON THE STAIRWELL.
I KNOW THAT HE HAS BEEN HAVING SOME DIFFICULTIES WITH IT AND I DO HAVE PHOTOS TO SUBMIT.
YES MA'AM.AND SPECIAL MAGISTRATE ON OUR AGENDA ITEM, WE INDICATED THAT A PERMIT MAY BE REQUIRED FOR THIS.
BUT MR COSS IS HERE, I'M JUST GONNA CONFIRM WITH A NOD OF HIS HEAD THAT A PERMIT IS NOT REQUIRED TO REPLACE THE PANELS.
SHAUN, I JUST WANTED TO CONFIRM THAT A PERMIT IS NOT REQUIRED TO REPLACEDAMAGED FENCE PANEL.OK.
ALL RIGHT. AND SIR, HOW DO YOU RESPOND TO THE ALLEGATIONS? WELL, I TOOK THIS PLACE OVER TWO YEARS AGO, BOUGHT THE PLACE FIRST YEAR HAS BEEN EIGHT MONTHS OF CLEANUP JUST TO GET IT HALFWAY DECENT TO OPERATE OUT OF.
THAT STAIRCASEIS GALVANIZED METAL THAT SOMEONE TOOK OIL BASED PAINT, PAINTED IT BROWN.
THEN THEY TOOK HOUSE PAINT AND PAINTED IT OVER OIL BASED PAINT.
[00:50:02]
AND I HAVE PICTURES OF IT WHEN I BOUGHT THE PLACE.I'VE BEEN WORKING ON THAT BY HAND, SCRAPING IT AND PAINT STRIPPER COMBINATION OF THE TWO WITH HIGH PRESSURE WATER TO GET RID OF IT.
THE REST OF THE BUILDING, I HAVE DONE EXTENSIVE WORK TO IT TO MAKE IT LOOK PRESENTABLE.
IT LOOKS TOTALLY DIFFERENT THAN IT WAS WHEN I BOUGHT THE PLACE.
WHEN I BOUGHT THE PLACE IT WAS SEVEN DIFFERENT COLORS.
ORANGE WAS THE FAVORITE COLOR.
AND THE FENCE PANELS, ARE WE TALKING ABOUT THE FENCE PANELS OR THE PAINT RIGHT NOW? SAYS PAINT THE SOUTH STAIRWAY WHERE THE PAINT IS PEELING AND CHIPPING.
AND THAT'S OIL, THE BROWN THAT YOU SEE COMING THROUGH THE WHITE.
THAT'S THE OIL BASED PAINT THAT THEY PAINTED OVER GALVANIZED METAL.
AND NOW WHITE IS POPPING UP BECAUSE YOU CAN'T PAINT OVER OIL BASED PAINT.
AND IT TOOK TWO GUYS TO SCRAPE THAT SECTION OF I DON'T KNOW 10 FEET RIGHT THERE ON THE SIDE. TWO DAYS TO GET THAT STUFF OFF THERE.
BETWEEN PAINT STRIPPER SCRAPING AND PRESSURE CLEANING.
IT'S A MESS. THE REST OF THE BUILDING YOU CAN SEE THAT I HAVE DONE A LOT OF IMPROVEMENTS TO.I'D DO.
DO YOU WANT TO DISCUSS THE FENCE SIR.
DID YOU WANT TO DISCUSS DEFENSE AT ALL? YES. MY UNDERSTANDING IS YOU DON'T NEED A PERMIT TO TAKE A FENCE DOWN.
NODDING YOUR HEAD.YES, THAT'S TRUE.
YOU DO NOT NEED A PERMIT TO TAKE THE FENCE DOWN, BUT ANY DAMAGED AREAS HAVE TO BE REPAIRED. SO YOU'RE SAYING YOU REMOVED THE GATE INTENTIONALLY.
I'M REMOVING THE FRONT L SECTION.
THE BACK L SECTION IN THE FUTURE WHEN I HAVE ENOUGH MONEY.
I WOULD PREFER TO COME IN AND GET A PERMIT TO PUT A NICE STUCCO WALL UP THERE TO SEPARATE MY BUILDING FROM THE POLICE DEPARTMENT.
AND THAT'S WHY I WAS GOING TO PUT UP AN EIGHT FOOT STUCCO WALL ON THE BACK JUST TO SEPARATE THE PROPERTY.
SO WHEN YOU DRIVE BY, YOU CAN'T SEE MY PROPERTY BECAUSE MY INTENTIONS OF THE SIDE LOT WAS TO PUT IMPERVIOUS PAVERS THERE SO I CAN USE IT AS A PARKING LOT AS NEEDED.
YOU TALK TO HER AND JUST JUST POINTING OUT.
SO I JUST HAVE A QUESTION FOR HEATHER.
ALL THOSE TIRES HAVE BEEN REMOVED.
I WAS WAITING FOR THE TIRE RECYCLER WHO COMES BY EVERY COUPLE MONTHS TO RECYCLE THE TIRES. NOW I MOVED THEM TO THE OTHER SIDE OF THE PROPERTY WHERE YOU CAN'T REALLY SEE THEM DRIVING BY.SO I JUST WANNA ASK, HEATHER, IS THE REMOVAL OF THE GATE THE ONLY ISSUE WITH THE FENCE OR WAS THERE ANY DAMAGED PANELS THAT NEED TO BE REPAIRED? I DON'T THINK THERE'S DAMAGE PANELS.
EXCEPT FOR IF YOU SCROLL THROUGH THE GATE STILL THERE, THAT'S WHERE I'M KIND OF THINKING.
I DON'T THINK THAT WAS A GATE.
I THINK THAT'S MISSING PANELS.
YES.THAT WAS FROM THE[INAUDIBLE] TERMITES.
I DO HAVE PICTURES OF THE WOOD BECAUSE I HAD A HORRENDOUS INFESTATION OF [INAUDIBLE] TERMITES AND EVERY PIECE OF WOOD ON THAT BUILDING ON THAT PROPERTY HAD TREMENDOUS AND THAT ROOF ALONE. THERE WAS OVER TWENTY THOUSAND DOLLARS WORTH OF MATERIAL IN THAT ONE ROOF OF HOW BAD THEY ATE THIS PLACE.
AND FORT PIERCE IS KNOWN FOR THEIR[INAUDIBLE] TERMITES.
EVERY BUG KNOWN TO MAN WAS IN THAT PLACE.
IT TOOK ME 15 MONTHS TO ERADICATE THE BUG PROBLEM.
SPECIAL MAGISTRATE.I'M JUST CONFIRMING AGAIN, SO THE MISSING PANELS HERE AND THE MISSING GATE,BUT IF IT'S JUST REMOVED.
IF IT'S JUST REMOVED, WE'RE GOING TO REQUEST THAT THAT BE DISMISSED.
IF IT'S DAMAGED, WE CAN REQUIRE THE REPAIR, BUT THE REMOVAL, WE CAN'T REQUIRE THE REPLACEMENT OF. SO IS THERE IF IT'S JUST THE REMOVAL, IF YOU CAN CONFIRM THAT, WE'LL DISMISS THAT PART.IF HE IS REMOVING THE FENCE, THAT'S ONE THING.
BUT IF HE IF HE HE'S CHOSEN TO REMOVE A SECTION OF THE FENCE, THAT'S A CHOICE.
SO WECANSPECIAL MAGISTRATE, WE'RE GONNA DISMISS THE FENCE.
OK, WE'RE GOING TO DISMISS CORRECTIVE ACTION ONE AND THE IPMC 302.7 ACCESSORY STRUCTURE VIOLATION.
AND SO FOR THE PROTECTIVE TREATMENT REGARDING THE STAIRWELL.
[00:55:04]
I FIND THAT A VIOLATION EXISTS.YOU WILL BE GIVEN 30 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF $50 PER DAY WILL BE ASSESSED.
YOU HAVE 30 DAYS TO APPEAL MY DECISION.
NO THERE'S NO PERMIT REQUIRED THERE, SPECIAL MAGISTRATE.
YOU DON'T NEED A PERMIT FOR THAT? NO, NO PERMITS REQUIRED FOR THAT.
SO WHEN WE HAVE PAINT THE SOUTH STAIRWAY WHERE THE PEEL IS CHIPPING, YOU HAVE 30 DAYS TO CORRECT THAT.YES, MA'AM.
OK. WILL, 30 DAYS BE ENOUGH TIME.
I PROBABLY NEED MORE THAN THAT.
OK, SO WHAT I'LL DO, I'LL GIVE YOU 60 DAYSOK.
THAT'LL WORK MUCH BETTER TO PAINT THE SOUTH STAIRWAY WHERE THE PAINT IS PEELING AND CHIPPING. IF NOT, YOU'LL BE FINED $50 PER DAY.
I PREFER TO LEAVE IT BARE GALVANIZED.
YEAH. IT WOULD JUST BE GRAY MEDAL I'M GOING TO SCRAP IT ALL GRAY BECAUSE.
IT'S AN AUTOMOTIVE REPAIR SHOP.
I LIKE GALVANIZED, GALVANIZED JUST REGULAR GRAY METAL THAT WILL NEVER RUST.
AS LONG AS YOU'RE IN COMPLIANCE WITH THE CITY CODE.
ANYTHING I NEED TO SIGN OR ANYTHING? NO, SIR.DOES HEATHER HAVE YOUR CONTACT INFORMATION? YES. OK, SO AS LONG AS SHE'S YOUR CONTACT INFORMATION.
THANK YOU. ALL RIGHT. THANK YOU.
SIR. LET ME MAKE SURE I HAVE YOUR NUMBER.
LET ME MAKE SURE THAT I HAVE YOUR NUMBER.
MY CELL PHONE NUMBER IS 5 6 1.
SIR. I DON'T KNOW IF YOU WANT TO PUBLISH YOUR TELEPHONE NUMBER BECAUSE YOU CAN WRITE IT.
WE'RE BEING RECORDED. YOU CAN GO AHEAD, WRITE IT DOWN.
PUBLIC INFORMATION ANYWAY. OK.
THANK YOU.THE NEXT CASE IS 20-0031
[M. 20-0031 CE 207 Dixieland Drive Castor, Natacha Heather Debevec]
2 0 7 DIXIELAND DRIVE.NOW WOULD YOU RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH? YES. THANK YOU.
WHEN YOU'RE READY. YES MA'AM THIS IS CASE NUMBER20-31 207 DIXIELAND DRIVE OWNED BY NATACHA CASTOR. CASE WAS INITIATED ON JANUARY 9TH OF THIS YEAR.
IT WAS FOR SECTIONS,22-194SUBSECTION C, SUBSECTION F,TREE PROTECTION AND MITIGATION.
CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE FINED FOR TWO OAK TREES THAT HAD BEEN REMOVED AT FIVE THOUSAND EACH TO TOTAL TEN THOUSAND DOLLARS. ALL COLLECTED FUNDS TO BE PLACED IN THE CITY'S TREE FUND.
AND I DO HAVE PHOTOS TO SUBMIT WHICH THE CASTOR'S NEED TO LOOK AT FIRST.
SPECIAL MAGISTRATE, WE WOULD MOVE THE PHOTOS IN AS CITY'S COMPOSITE ONE.
THEY WILL BE ADMITTED ASCITY'S COMPOSITE 1.
AND YOU'VE BEEN SWORN, BOTH OF YOU.
SO HOW DO YOU RESPOND TO THE ALLEGATIONS? OH, WE WERE DOINGA METER CAN[INAUDIBLE] FOR THE HOUSE AND THE CITYREQUIRED THAT WEPASS THE POWER
[01:00:03]
UNDERGROUND.AND WE HAD TO GO THROUGHTHAT TREE BECAUSE THE POLE WAS VERY CLOSE TO THE TREE AND [INAUDIBLE] AND WHEN FPUA COME BACK TO ANSWER THAT THEY TELL US THAT THERE IS NO WAY WE CAN KEEP THE FRONT TREE BECAUSEIT'SCOMPROMISED.THE WIND OR A HURRICANETHAT WOULD BE [INAUDIBLE] TO ANYBODY.
I'M SORRY WHO TOLDYOU THAT? FPUA.WHEN THEY COME TO INSPECT THE HOLE THAT WE DIG IN ORDER TO PASS THE UNDERGROUND LINE, THEY[INAUDIBLE] AND I DID NOTUNDERSTAND THAT I HAD TO GETA PERMIT TO REMOVE IT.
AND WHENSOMEBODY COME IN AND MOVE THAT TREE FORWARD AND THEOLDER TREE THAT'S ON THE WEST SIDE OF THE HOUSE IT'S HALF DEAD.
ANDBRANCH ARE FALLING DOWN FROM IT AND HE TAKE IT DOWN FOR US.
AND HE DIDN'T TELL YOU THAT YOU NEEDED A PERMIT.
AND ONE TREE WAS COMPROMISED OR BOTH TREES WERE COMPROMISING THE PROPERTY.
YES, BOTH.BOTH BECAUSE THE ONE ON THE WEST SIDE IT[INAUDIBLE] AND SOMETIME YOU GET TO PULL A BRANCH OUT FROM IT BECAUSE IT'S SORT OF HALF DEAD.
IF YOU LOOK AT THE CHUNK OF IT SOMEBODY CAN SOMEWOULD SEE THAT IT WAS HALF DEAD.
AND WHERE WAS THE OTHER TREE LOCATED? THE OTHER ONE WASIN FRONT OF THE HOUSE BURIED APPROXIMATELY TO THE POLE TO THE CAR [INAUDIBLE] AND WAS THAT ALSO COMPROMISED.
SO IT BECAME COMPROMISEDBECAUSE WE HAD TO CUT HALVE OF THE ONE[INAUDIBLE] TO GO THROUGH IN ORDER FOR THE UTILITY COMPANY TO PASS IT UNDERGROUND.
SPECIAL MAGISTRATE, MAY I INQUIRE OF MR. BERTRAM? YES.
HAVE YOU WORKED WITH THE FPUA AT ALL IN THE PAST? DO THEY NOTIFY YOU WHEN TREES NEED TO COME DOWN ORHOW DO THEY NOTIFY THE OWNERS? DO YOU HAVE ANY INFORMATION ON THIS? FPUA HAS THEIR OWN TREE CONTRACTORS THAT THEY USE.
AND THEY DO THEIR OWN TREE WORK.
YOU WERE PUTTING AN UNDERGROUND SERVICE IN.
YES SIR. THAT JUST REQUIRES ROOT PRUNING.
DO YOU HAVE ANY INFORMATION OR LETTERS OR CORRESPONDENCE FROM FPUA ABOUT THE TREE? NO, I DON'T [INAUDIBLE] HE WAS THE ONE COMING TO INSPECT THE IT COULD BE. I MEAN, THERE'S ALL KINDS OF HOMEMADE PROFESSIONALS WHEN IT COMES TO THE PERSON THAT WAS IN CHARGE OF THE UNDERGROUND AT THE UA THAT WAS INSTALLING THE LINE MAY HAVE GIVEN HIS PERSONAL OPINION ON THE MATTER.
AS FAR AS THE YOU KNOW, HEY MAYBE THESEROOTS WILL CONTINUE TO GIVE YOU SERVICE PROBLEMS OR SOMETHING, BUT IT DOESN'T SPEAK ON TERMS OF THE CITY TO REMOVE A TREE.
AGAIN, THIS GOES BACK TO THE SAME FACT THAT THAT'S WHY WE HAVE A TREE REMOVAL PERMIT WITH A PROCESS THAT EXPLAINS ALL THAT ON THE WEB SITE.
AND THAT WE COME OUT, WE LOOK AT IT, WE CAN MAKE THE PROFESSIONAL CALL ON WHETHER OR NOT THE TREE NEEDS TO BE REMOVED OR CAN BE REMOVED.
AND THESE HAPPEN TO BE TWO LIVE OAKSWERE LIVE OAKS THAT WERE ALIVE.
MR. CASTOR, DO YOU HAVE ANYTHING FROM FPUA? ANYBODY YOU CAN CALL, ANY NAME YOU CAN GIVE ME WHO WILL SAY WE TOLD THEM THAT THE TREES NEED TO BE REMOVED? MR. [INAUDIBLE]WERE THE ENGINEER FORTHE UNDERGROUNDUTILITY.
[01:05:07]
BUT IT'S NOT SAFE ANYMORE.AND WE HAVE 10 KIDS AND THEY HAVE THEY ALWAYS LIKE PLAYING OUTSIDE.
SO WETHINK LIKE FOR THEIR SAFETY BECAUSE WE CAN REPLACE A TREE, BUT WE CANNOT REPLACE OUR KIDS IF SOMETHING HAPPENED TO THEM.
SO THAT'S WHY WE BUT IT DOESN'T LIKE TELL US TOREMOVE IT.
BUTHE TELL US GIVE US SOME ADVICE WE HAVE TO DO IT.
BUT WE DIDN'T KNOW WE HAVE TO GET THE PERMIT.
WE JUST LIKEAND IT WAS THAT CLOSE TO THE POLE WHERE THE ELECTRICITY IS.
SOFPUA NEEDED TO INSTALL SOME WIRES, UNDERGROUND WIRING AND THEY NEED TO CHECK ON THE EXISTING UNDERGROUND WIRE.
BY CHANGING THE METER[INAUDIBLE] ASKED USTO GO UNDERGROUND BECAUSE IT'S SORT OF ABOUT200 TO [INAUDIBLE]TO GO UNDERGROUND.
SO THEY TAKE THE POWER FORMTHE TOP OF THE HOUSE AND PUT IT UNDERGROUND.
BUT BEFORE THEY DO THAT, WE HAD TO DIG THE WHOLE FOR THEM TO COME AND DO THAT.
AND BY DIGGING THE HOLEWE WERE GOING VERY CLOSE TO THE [INAUDIBLE] AND WE HAD TO CUTA LOT OF [INAUDIBLE] AND THAT MAKE IT THIS IS WHAT I WANT TO DO.
I'M GOING TO ASK TWO OF YOU TO GET WITH MS. DEBEVEC AND GIVE HER THE NAME OF THE GUY AT FPUA.
AND THEN YOU GUYS IF YOU CAN GET IN TOUCH WITH THEM AS WELL AND GET THEM TO PUT SOMETHING IN WRITING THAT THEY DISCUSSED WITH YOU THAT THE TREE COMPROMISED THEM INSTALLING THE UNDERGROUND CABLES, AND THAT WOULD CERTAINLY HELP ME WITH MY RULING IN THIS PARTICULAR CASE.
IS THAT POSSIBLE? YES HE DID NOT TELL ME TO GO AND DO SOMETHING BECAUSE I DON'THE DID NOT TELL ME TO DO SOMETHINGWITH A PERMIT.
YOU KNOWJUST IF HE TOLD YOU THE TREE WAS COMPROMISING THE INSTALLATION OF THE CABLES JUST SOMETHING THAT WOULD INDICATE THAT YOU ALL HAD THE CONVERSATION NOT ABOUT A PERMIT, BUT JUST ABOUT WHAT YOU NEEDED TO DO IN ORDER FOR THEM TO INSTALLTHE UNDERGROUND CABLES THAT WOULD CERTAINLY HELP ME WITH MY DECISION.
YES I WILL DO THAT.SPECIAL MAGISTRATE, CONTINUE THIS TO 3-18.
YES, PLEASE. SO YOU GET THAT INFORMATION TO MS. DEBEVEC AND THEN HOPEFULLY WE'LL HAVE IT FOR THE NEXT MEETING AND GET A RESOLUTION IN THIS MATTER. THANK YOU. THANK YOU FOR COMING.
DO YOU REMEMBER WHO YOU SPOKE WITH? YES. WHAT'S HIS NAME? HEATHER. HEATHER AFTER. MS. DEBEVECMR. CHAD CAN YOU WALK OUT WITH THEM AND GET THE NAME OF THAT PERSON? THANK YOU. ALL RIGHT.
[N. 19-3395 CE 709 S 7th Street Willes, Tylan R Heather Debevec]
MS. DEBEVEC NEXT CASE.NEXT CASE IS 19-3395 709 SOUTH SEVENTH STREET WILLES.PLEASE RAISE YOUR RIGHT HAND, STATE YOUR NAME FOR THE RECORD.
AND DO YOU SWEAR OR AFFIRM TESTIMONY YOU ARE ABOUT TO GIVEWILL BE THE TRUTH.
I DO. THANK YOU. MS. DEBEVEC. YES MA'AMTHIS ISCASE NUMBER19-3395 709 SOUTH SEVENTH STREET OWNED BY MR. TYLAN WILLES.
INITIATION DATE WAS DECEMBER 18, 2019 IT WASFOR IPMC 304.2 PROTECTIVE TREATMENT REQUESTING THAT THEY PAINT THE GABLE ON THE SOUTH SIDE OF THE HOME.
CITY'S REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED.
MR. WILLESWOULD YOU LIKE TO REVIEW FIRST SINCE I DIDN'T HAVE THE OPPORTUNITY TO SPEAK TO
[01:10:03]
YOU EARLIER. I'M SURE THAT'S FINE.NOW, THIS PICTURE IS TAKEN FROM THE NEIGHBOR.
WE DID TAKE IT FROM7TH STREET STANDING ON THE SIDEWALK.
YES. SO THAT'S FROM THE NEIGHBOR'S YARD.
IT'S FROM THE SIDEWALK TO THE SOUTH.
YES, SIR. OK. IF YOU'D LIKE TO FLIP THROUGH THE PHOTOS, I CAN HANDTHEM TO THE MAGISTRATE.
OH, SURE. AND THESE ARE ONES THAT I TOOK THIS MORNING OF CORRECTION.
ONE SECOND SIR BECAUSEYOU HAVEN'T.
RIGHT. SO, SPECIAL MAGISTRATE, WE JUST TO STAY IN ORDER.
YES. CAN WEMOVE THOSE PHOTOS IN AS CITY'S COMPOSITE ONE.
AND THEN I'D LIKE TO HAVE A LOOK AT THE PHOTOGRAPHS THAT THE RESPONDENT HAS.
HE NEEDS TO BE SWORN IF HE HASN'T BEEN SWORN.
AND THEN I DON'T KNOW IF SHE'S SEEN.
HAVE YOU SEEN THESE PHOTOGRAPHS COUNCIL? I HAVE THEM UP HERE. I HAVETHEM UP ON THE SCREEN AND NOW WOULD YOU SHOW HER AFTER YOUR SWORN, SHOW HER YOUR PHOTOGRAPHS.
HE'S BEEN SWORN. OH HE'S BEEN SWORN.
YOU HAVE YOU HAVE IT LOOKS LIKE YOU CAN SEE THAT RIGHT THERE.
SO SPECIALMAGISTRATE WE HAVE NO OBJECTION TO THESE PHOTOS COMING IN AS RESPONDENTS EXHIBIT 1. AND MAY I APPROACH WITH THEM.
YES, AND THEY WILL BE ADMITTED AS RESPONDENTS EXHIBIT 1.
SPECIAL MAGISTRATE WHILE SHE'S LOOKING AT THEM, IT APPEARS THAT THIS AREA THAT WE'RE SHOWING YOU IN THE PHOTO HAS BEEN PAINTED.
YOU'LL SEE THAT IN THE PHOTOS HE'S SUBMITTING.
AGAIN RESPONDENTS EXHIBIT ONE.
AND THEN BASED ON THE TESTIMONY EVIDENCE PRESENTED, I FINDTHAT AS OF THIS MORNING THE VIOLATION HAS BEEN COMPLIED WITH.
THANK YOU. VERY MUCH. I APOLOGIZE FOR BRINGING THIS TO THE COURT.
THAT'S ALL RIGHT. THANK YOU. YOU BET.
SPECIAL MAGISTRATE IS THAT A DISMISSAL.
THANK YOU. YOU'RE FREE TO LEAVE.
THANK YOU.NEXT CASE IS19-3074 417 EL RANCHO DRIVE.
[P. 19-3074 CE 417 El Rancho Drive Neilson, John & Christina Heather Debevec]
NEILSON.WHEN YOU'RE READY.THIS IS CASE NUMBER 19-3074 417 EL RANCHO DRIVE DRIVE BY JOHN AND CHRISTINA NEILSON.
CASE WAS INITIATED NOVEMBER 19, 2019.
IT WAS FOR IPMC 304.2 PROTECTIVE TREATMENT.IPMC 304.7 ROOFS AND DRAINAGE.
IT IS REQUESTED THAT THEY CLEAN OFF THE FRONT DOORAND STEPS AS THEY ARE DISCOLORED.
IF THIS DOES NOT WORK THEN TO PAINT.
OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT.
CITY'S REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT COMPLY WITH THE PERMIT CONDITIONS OR A FINE OF $50 PER DAY BE ASSESSED. AND I DO HAVE PHOTOS WHICH TO SUBMIT.
THANK YOU. HAS MR. NEILSON, SEEN THE PHOTOS? YES MA'AM. OK. HAS THE CITY SEEN THE PHOTOS? WE HAVE THE PHOTOS, MA'AM. OK.
I'D BE HAPPY TO PUT THEM UP. YOU ALL ARE USING THE COMPUTER.
[01:15:04]
AND YES, SIR WOULD YOU PLEASE RAISE YOUR RIGHT HAND, AND STATE YOUR NAME FOR THE RECORD, JOHN NEILSON. AND DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH. YES.THANK YOU.AND MR. NEILSON, HOW DID YOU RESPOND TO THE ALLEGATIONS? I JUST HAVEN'T HAD TIME TO GET TOIT YET.
I'M EXTREMELY BUSY AFTER WORK.
HOW LONG DO YOU THINK THAT 30 DAYS IS SUFFICIENT TIME FOR YOU TO GET THIS TAKEN CARE OF? IF I COULD HAVE A COUPLE MONTHS TO 60 DAYS WAS THAT OUT OF THE QUESTION.
WELL, LET'S SAY WHAT ABOUT45? WE'LL SPLIT THE ANYTHING FURTHER?THEN, BY STIPULATION BETWEEN THE PARTIES, I FINDTHAT A VIOLATION EXIST AND THAT JOHN AND CHRISTINANEILSON AT 417EL RANCHO DRIVE ARE RESPONSIBLE FOR THE VIOLATIONS. I WOULD GIVE YOU 45 DAYS TO OBTAIN A PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR A FINE OF $50 PER DAY, BE ASSESSED.
MR. NEILSON, JUST FOR YOUR INFORMATION.
IT'S ME.ONCE YOU GET THE PERMIT FOR THE CARPORT, YOU DO HAVE ADDITIONAL TIME TO MAKE THE REPAIRS.YOU DON'T NECESSARILY NEED A CONTRACTOR, SO BUT YOU STILL NEED THE PERMIT.
AND THEN ONCE YOU GET THE PERMIT, YOU'VE ADDITIONAL TIME TO MAKE THE CORRECTION.
SO 45 DAYS TO GET THE PERMIT AND THEN YOU HAVE TO COMPLY WITH ALL THE PERMIT CONDITIONS.
SO THAT WILL GIVE YOU ROUGHLY 6 MONTHS TO MAKE THE ACTUAL REPAIR.
THANK YOU. THANK YOU.NEXT IS CASE20-0341 115 SOUTH 13TH STREET.
[S. 20-0341 CE 115 S 13th Street Alouption, Mirielle Heather Debevec]
ALOUPTION.MA'AM, WOULD YOU PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD? MIRIELLE ALOUPTION. AND DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH? YES.
THIS IS CASE NUMBER20-0341 115 SOUTH 13TH STREET ANDMIRIELLE ALOUPTION.
CASE WAS INITIATED FEBRUARY 4TH OF THIS YEAR, IT WAS FORSECTION 22-194 SUBSECTION (C) SUBSECTION (5) - TREE PROTECTION AND MITIGATION. THE CITY IS REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE FINED FOR REMOVING THREE OAK TREES AT FIVE THOUSAND EACH TO TOTAL FIFTEEN THOUSAND DOLLARS OF COLLECTED FUNDS TO BE PLACED IN THE CITY'S TREE FUND.
AND I DO HAVE PHOTOS IN WHICH TO SUBMIT.
HAD THE RESPONDENTHAD A CHANCE [INAUDIBLE] USE THE OTHER COMPUTER? THANK YOU.
ALL RIGHT. AND YOU'VE BEEN SWORN.
YES.HOW DO YOU RESPOND TO THE ALLEGATIONS ABOUTTHE CUTTING DOWN THE THREE OAK TREES? WE[INAUDIBLE] HIRED A COMPANY TO CLEAN THE LOT AND I DON'T KNOW WHY WE HAVE TO TAKE PAYMENT.
AND WHEN I RECEIVED THE LETTER AND THEN I COMMENT TO THE CITY TO BRING TO THEM, AND I'M WILLING TO [INAUDIBLE] THAT THEY DON'T HAVE MY PLAN YET BUT THE CONTRACTOR KEEP IT.
AND AFTER THAT, WHEN I CALLED THE GUY WHO I'MHIRED FOR THIS IS TO SAY I HAVE TO COME IN BY MYSELF TO EXPLAIN THAT TO YOU.
AND WHEN I GO IN TO THE CITY, TO THE BUILDING DEPARTMENT, AND THEN I TAKE THE PAYMENT ALREADY I HAVE THE PERMIT AND THEN I HAVE I PAY FOR IT.
YOU NOW HAVE A PERMIT FOR THE TREES THAT WERE CUT DOWN.
[01:20:04]
HOLD ON PLEASE. I HAVE IT ON FEBRUARY 14TH.MS. DEBEVEC HAVE YOU SEEN THAT? NO, MA'AM. I HAVE.
OK. SHE APPLIED FOR A PERMIT AFTER THE TREES WERE REMOVED AND SHE RECEIVED IN THOSEFOR REMOVING THE TREES.SPECIAL MAGISTRATE, UNFORTUNATELY YOU KNOW, AS WE STAYED IN A PREVIOUS CASE, OBTAINING A PERMIT AFTER THE FACT, DOES NOTCURE THE PROBLEM OF REMOVING, ESPECIALLY WHEN IT COMES TO THE OAK TREES IN THE CITY? IT'S IMPORTANT FOR THE PERMIT TO BE APPROVED PRIOR BECAUSE THERE IS A MITIGATION FEE FOR REMOVING TREES IF IT'S NOT DUE TO THE TREE BEING DISEASE OR A THREAT TO BUILDINGS OR ANYTHING LIKE THAT, THERE'S A MITIGATION FEE THAT IS REQUIRED.
IF IT WAS DUE TO ANY OF THOSE MITIGATING FACTORS, THAT'S JUST THE PERMIT FEE.
BUT IT'S IMPORTANT FOR THE URBAN FORESTER TO BE OUT THERE FIRST TO DO THE ASSESSMENT AND MAKE THAT FINAL DETERMINATION.
THE BUILDING DEPARTMENT ISN'T AWARE THAT THEY WERE UNDER CITATION FOR REMOVING WITHOUT A PERMIT.SHE JUST WENT UP AND APPLIED TO REMOVE THREE OAK TREES AND GET A PERMIT.
YEAH, BUT MY PROBLEM HERE IS THAT WE'RE CITING LAND OWNERS.
IN MOST OF THESE CASES, WHO HIRED SOMEBODY TO DO THE WORK? SOME OF THESE GUYS ARE LICENSED AND THEY DON'T TELL THEM THAT THEY NEED A PERMIT.
AND SO THEY DO THE RIGHT THING.
THEY CUT THEM DOWN WITH SOMEBODY WHO SAYS, I'M LICENSED TO DO THIS AND THEY DON'T TELL THEM THEY NEED A PERMIT AND THEN THE PARTY THAT OWNS THE PROPERTY AND CUT DOWN THE TREE ENDS UP HEREFACING AND IN MS. ALOUPTION'S CASE A FINE OF FIFTEEN THOUSAND DOLLARS.
YES, CORRECT. THERE'S NEVER BEEN A CASE WITHOUT A CONTRACTOR INVOLVED.
MOST OF THE CONTRACTORS THAT PEOPLE HIRE ARE NOT LICENSED OR THEY DO NOT KNOW THE RULES AND REGULATIONS. THEY'RE HIRING PEOPLE THAT AREN'TLICENSED AND THAT THEY DON'T KNOW THE RULES AND THEY ARE JUST LOOKING FOR WORK.
AND THEY DO THE WORK BECAUSE THEY KNOW THAT THE LANDOWNER IS RESPONSIBLE.
IF EVERY SINGLE TIME THAT WE WENT OUT FOR A TREE CUT DOWN WITHOUT A PERMIT AND THE OWNERS SAID WELL, I HIRED SOMEONE, I FIGURED THEY WOULD KNOW.
THAT HAS BEEN THE CASE PROBABLY 95 PERCENT OF THE TIME.
VERY RARELY DO WE HAVE A HOMEOWNER THAT GOES OUT AND MOVES LARGE TREES THEMSELVES.
WE'RE NOT PENALIZING OR PUNISHING OR FINING THE TREE COMPANIES THAT ARE DOING THIS.
AND I KNOW BECAUSE LIKE I SAID TWO DAYS AGO.
AND THIS GUY HAD LICENSE ON HIS TRUCK.
AND WHEN I SAID TO HIM, ARE YOU GONNA PULL A PERMIT? HE SAID, YOU DON'T NEED ONE. THIS IS A HAZARD.
I CALL THE COUNTY THAT SAME DAY AND I SAID, DON'T CUT ANYTHING UNTIL I TELL YOU THAT THE COUNTY SAYS IT'S OK.
THAT'S BECAUSE I LEARNED THE HARD WAY.
SO I DO RECOGNIZE HAVING TREES.
THIS IS, LIKE YOU SAID SO ELOQUENTLY, MS. ARRAIZ THIS IS A TREE CITY.
BUT I JUST WE'RE PUNISHING THE HOMEOWNERS.
WHEN THEY DO IT ON THEIR OWN I DON'T HAVE A PROBLEM WITH FINING, BUT WHEN THEY GO OUT AND HIRE SOMEBODY AND PAY THEM.
AND THENSHE'S HERE, BUT NOT THE CONTRACTOR.
NOW, I DO KNOW WHEN WE HAVE THE CONSTRUCTION CONTRACTORS.
WHEN THEY DO A PROJECT AND THEY VIOLATE THE LAWS, WE BRING THEM IN AND WE FINE THEM.
SO I'M JUST SAYINGTHAT'S SOMETHING WE CAN LOOK AT WHEN THEY CONTRACT WITHOUT A LICENSE.
I'VE HAD GUYS COME IN HERE AND THEY WERE FINED BECAUSE THEY DIDN'T HAVE A CONTRACTOR LICENSE.AND A QUESTION I WAS GOING TO HAVE FOR MS. ALOUPTION WHILE MR. COSS COMES UP TO THE MICROPHONE.
DO YOU HAPPEN TO HAVE A CONTRACT OR ANYTHING THAT YOU SIGNED WITH THE COMPANY OR ANY INFORMATION ON THE COMPANY? YES, I DO HAVE A PAPER.
BUT I DON'T KNOW WHERE I PUT IT.
BUT ONLY THING I KNOW, I PAY HIM ONE TIME WITH A CHECK AND I CAN IF I NEED TO
[01:25:04]
I CAN GO INTOTHE BANK TOFIND THE CHECK.WELL, I'D BE INTERESTED IN KNOWING WHICHCONTRACTOR IT IS SO THAT WE CAN FOLLOW UP WITH THAT.LET'S DO THAT.
GET THE CHECK. GET WITH THE CITY.
SHOW THEM A COPY OF THE CHECK AND LET THEM MAKE A COPY OF THE CHECK.
AND THEN I'LL BE IN A BETTER POSITION TO ADDRESS THIS.
BUT IN THE MEANTIME,MR. COSS IS GOING TO SHED LIGHT ON WHAT I SPOKE OR MISSPOKE ABOUT, THE UNLICENSED BUILDING CONTRACTORS HERE.
[INAUDIBLE] SHAUN COSSBUILDING DEPARTMENT COORDINATOR.
SPECIAL MAGISTRATE YOU ARE CORRECT THAT TYPICALLY UNLICENSED CONTRACTORS DO COME BEFORE YOU IN THE FORM OF A CITATION OR DISCIPLINARY ACTION.
HOWEVER, TREE REMOVAL CONTRACTORS AND LAND CLEARING CONTRACTORS ARE THE EXCEPTION TO THAT STANDARD RULE. WHILE THE CITY OF FORT PIERCE DOES REQUIRE A TREE REMOVAL OR LAND CLEARING CONTRACTOR LICENSE THE CITY OF FORT PIERCE CURRENTLY IS ONLY RECIPROCATING CONTRACTOR LICENSES. WE DO NOT ISSUE CONTRACTOR LICENSES AND FOR THE RECIPROCATION PROCESS WE CAN ONLY RECIPROCATE LICENSES FROM OTHER JURISDICTIONS THAT HAVE SIMILAR TESTING REQUIREMENTS.
UNFORTUNATELY, THE CITY OF PORT ST.
LUCIE COUNTY DO NOT REQUIRE A LICENSE FOR TREE REMOVAL CONTRACTORS.
SO SINCE THEY DO NOT, WHILE WE HAVE AN ORDINANCE THAT REQUIRES IT, IT'S UNENFORCEABLE.
OKAY.THANK YOU. I HAVE ONE MORE QUESTION, SHAUN.
IF WORK IS DONE ON A HOME BY A CONTRACTOR BUT THE PERMIT IS NOT OBTAINED, LICENSED OR UNLICENSED. WHODOES THE BUILDING DEPARTMENT HOLD RESPONSIBLE THE OWNER OR THE CONTRACTOR? THE OWNER. THE OWNER.
AND SO WE ARE ENFORCING THIS SIMILARLY WHERE THE OWNER IS RESPONSIBLE FOR ANY WORK BEING DONE WITHOUT A PERMIT, EVEN IF THEY HIRE A CONTRACTOR.
WE'RE ASKING THAT THE OWNER BE HELD RESPONSIBLE FOR THE TREE WORK BEING DONE WITHOUT A PERMIT EVEN THOUGH THEY HIRE A CONTRACTOR.
SO WE ARE PLAYING ON A LEVEL FIELD AS FAR AS THAT GOES.
BUT I JUST FIND THAT THE HOMEOWNER IS CAUGHT BETWEEN A ROCK AND A HARD PLACE.
AND IN TERMS OF MYRENDERING A DECISION IN SO FAR AS WHAT TO DO, I'D LIKE TO SEE WHERE YOU DID PAY HIM. AND THEN THAT WOULD AID ME IN MAKING A DECISION IN THIS CASE.
SO IF YOU COULD GET THAT TO US.
I RESPECT ALL OF THE ORDINANCES.
IF, FOR INSTANCE, I WON'T NAME THE COMPANY A LEGITIMATE TREE COMPANY THAT REMOVED TREES WHEN THEY GO OUT TO A PROPERTY SUCH AS YOUR FAMILY. AND IT'S A BIG JOB LIKE THAT.
THEY SIGN A CONTRACT AND IN THE CONTRACT IT WILL SHOW WE WILL PICK UP ALL APPLICABLE PERMITS, EVERYTHING ELSE.
THE DIFFERENCE IS, IN LIKE CASE, ONE WHICH I DIDN'T STATE BECAUSE IT'S HEARSAY.
THEY HIRED A COUPLE OF FELLAS IN A PICKUP TRUCK, HAD NO IDEA WHAT THEY WERE DOING.
THEY TOLD THE NEIGHBOR THAT THEY WERE DOING IT ON SATURDAY BECAUSE NOBODY'S AROUND.
IN THIS CASE, I THINK YOU SAID A THOUSAND DOLLARS.
THREE TREES THAT SIZE WITH A CONTRACTOR WOULD COST PROBABLY FIVE OR SIX.
SO TYPICALLY AND I'M NOT STATING IN THIS CASE, MOST HOMEOWNERS KNOW THAT THEY ARE HIRING SOMEBODY THAT'SUNLICENSED AND THEY'VE GOTTEN MORE THAN ONE ESTIMATE AND THEY GO WITH THE CHEAPEST WAY OUT, WHICH IS THE PERSON THAT COMES ON A SATURDAY AND THROWS A LADDER UP THERE AND TRIES TO CUT THE TREES OUT AND PUTS THEM ON THE ROAD.
WELL, FROM MY OWN PERSONAL EXPERIENCE, THAT'S NOT WHAT I DID.
I HAD A GUY, AGAIN WITH THE LICENSE ON HIS TRUCK.
HE EVEN SET THE BRANCHES OUT ON THE ROAD.
AND SO, YOU KNOW, THE CITY, THE COUNTY CAME AND PICKED UP THE TREES.
I DON'T KNOW HOW THEY FOUND OUT.
SO I KNOW THERE ARE PEOPLE OUT THERE WHO REPRESENT THAT I'M LICENSED AND I'M THIS.
AND MOST OF US DO NOT CALL TO SEE WHETHER OR NOT THE PERSON IS LICENSED.
WE JUST SEE THAT THEY MAKE THE STATEMENT.
SOME WILL GIVE A NUMBER OF THE LICENSE AND SOME DO NOT.
AND I JUST FIND THAT THIS MORNING WE'VE GOT TOO MANY PEOPLE CAUGHT BETWEEN A ROCK AND A HARD PLACE FOR WHATEVER REASON.
AND AGAIN, I PERSONALLY, AS A SPECIAL MAGISTRATE, NEED TO SEE WHERE SHE CONTRACTED WITH SOMEBODY, PAID THEM.
AND NOW SHE'S HERE FACING A FINE POSSIBLY OF $15,000.
OK, SOSPECIAL MAGISTRATE WE'LL CONTINUE TO THE 18TH.
[01:30:02]
WE'LL CONTINUE TO MARCH 18TH AND GET THAT INFORMATION TO MS. DEBEVEC AND THEN I'LL MAKE A DECISION.BUT THE[INAUDIBLE] COMPANY YOU CAN DO COMPACTING SOMETHING LIKE THAT.
YOU CAN CLEAN THE LOT AND THEN THAT'S WHAT[INAUDIBLE] I MET HIM ON THE JOB.
YOU MET HIM?YEAH.THEY WERE OUT THERE GRINDING THE STUMPS.
YOU KNEW THEM? SPECIAL MAGISTRATE.
I WOULD ASK THE PARTIES IF THEY WANT TO HAVE A DISCUSSION TO HAVE THATOFF THE RECORD JUST SO THAT WE CAN GET THE RECORD CLEAR FOR PURPOSES OF WHAT'S GOING BEFORE YOU FOR HEARING.
YOU GUYS CAN STEP TO THE SIDE. WE'RE DONE.
BUT DO GET THAT INFORMATION AND GET IT TO MS. DEBEVEC PLEASE. I HAVE TO COME BACK HERE ANYWAY.
ONCE YOU GET THAT INFORMATION, THE CHECK THAT SHOWED THAT YOU PAID HIMTHE CITY NEEDS A COPY OF THAT.
AND THEN YOU WILL GET NOTICE OF THE HEARING ON THE 18TH WHERE I WILL RENDER A DECISION IN THIS PARTICULAR MATTER.
COLLEEN ARE WE DONE WITHEVERYBODY.
I DON'T KNOW WHO THAT GENTLEMAN IS.SIR ARE YOU HERE FOR A CASE? NO MA'AM. OK.
IF WE COULD DO THE TWO CASES THAT SHAUN'S HERE FOR.
WE STILL HAVE ONE MORE TREE CASE THAT WAS BY PHONE.
NO, I'M JUST SAYING, BEFORE WE HAVE ONE MORE TREE CASE.
I HAVE IT'S THROUGH TELEPHONE.
ALL RIGHT.WHY DON'T WE MOVE ONTO THE TWO TELEPHONE CASES NOW.
DO WHAT NOW. THE TWO TELEPHONE CASES. YOU WANT TO DO THEM NOW.
BECAUSE WE HAVE STAFF HERE THAT I'D LIKE TO GET RELEASED.
SOLET'S GO AHEAD AND MOVE ONTO THE TWO TELEPHONE CASES.
GET BACK TO HERE. IF I FIND THEM.
HERE'S TWO OF THEM SO I DON'T KNOW WHICH ONE IT IS.
MRS.ARRAIZ WILL YOU BE IN YOUR OFFICE LATER ON TODAY.
OK.IT'LL BE LATE THIS AFTERNOON WHEN ICALL YOU.
[HH. 20-0324 CE 1001 S 11th Street TELEPHONE CONFERENCE CCBN LLC Heather Debevec]
PLEASE LEAVE YOUR MESSAGE FOR 310 254 4448.RECORD YOUR MESSAGE AFTER THE TONE.
SIMPLY HANG UP WHEN DONE OR FOR DELIVERY OPTIONS, PRESS THE POUND SIGN.
THIS IS THE CITY OF FORT PIERCE, I'M CALLINGCCBN LLC ABOUT THE CASE 20-0324 1001 SOUTH 11TH STREET.
WE WERE SUPPOSED TO BE CALLING YOU TODAY FOR THIS SPECIAL MAGISTRATE HEARING AND I'M LEAVING THE MESSAGE THAT WE DID CALL.
DOING IT LIKE THIS. MS. COLLEEN WHICH CASE WERE YOU ON.
[GG. 19-3035 CE cont from 2/5/20 1205 Seaway Drive TELEPHONE CONFERENCE Lascala, Anthony Moore, Tina Heather Debevec ]
[01:35:05]
YOUR CALL HAS BEEN FORWARDED TO AN AUTOMATED VOICE MESSAGING SYSTEM.ANTHONY LASCALA.LEAVE A MESSAGE.
AT THE TONE, PLEASE RECORD YOUR MESSAGE.
WHEN YOU'VE FINISHED RECORDING, YOU MAY HANG UP OR PRESS 1 FOR MORE OPTIONS.
TO LEAVE A CALLBACK NUMBER, PRESS 5.
GOOD MORNING THIS IS THE CITY OF FORT PIERCE.
WE'RE CALLING ABOUT CASE NUMBER19-3035 1205 SEAWAY DRIVE.
MR. LASCALA YOU WERE SCHEDULED FOR A SPECIAL MAGISTRATE HEARING THIS MORNING.
AND THIS IS THE PHONE CALL WHICH I'M LEAVING THE MESSAGE THAT WE DID CALL.
I GUESS THATCONCLUDES THE AGENDA RIGHT.
[LAUGHTER] THERE'S STILL MORE. OKAY.
THAT CONCLUDESTHE AGENDA EXCEPT THE WE'VE GOT THE NOW, ONE FOR SHAUN.
IS THAT THE [INAUDIBLE]IT WAS THE1205 SEAWAY.
RIGHT. OK SO WE DON'T NEED THAT EITHER THEN.
DO YOU WANT TO TREAT THAT AS A PARTY NOT PRESENT? COUNCILOR. I'M LOOKING AT THE PAPERWORK, SPECIAL MAGISTRATE.
CAN WE OFFICIALLY CALL OR RECALL THE CASE, PLEASE? YOU WANT ME TO CALL IT AGAIN? YES, PLEASE. OK.
JUST. LET'S TAKE THEM ONE AT A TIME.
MADAM CLERK, AT YOUR PLEASURE, WHICHEVER ONE YOU WANT TO RECALL FIRST.
THIS IS THE 1001 SOUTH 11TH STREET.
SO THIS IS ITEM H H ON THE AGENDA.
YES.HANG UP. NOTHING HAS BEEN RECORDED.
SOSPECIAL MAGISTRATE AT THIS POINT IN TIME, WE'VE NOW, I BELIEVE, CALLED TWICE FOR THIS PARTICULAR RESPONDENT.
I BELIEVE THEY WERE GIVEN NOTICE THAT THEY WERE TO APPEAR BY PHONE TODAY.
SO I'M GOING TO ASK THAT WE GO AHEAD AND TREAT IT AS A NO SHOW.
WE'RE WELL AFTER THE HEARING TIME.
SO IF STAFF CAN GO AHEAD AND JUST READ THE CASE INTO THE RECORD.
I'M READY.CASE NUMBER20-03241001 S.
11TH STREET OWNED BY CCBN LLC CASE WAS INITIATED JANUARY 31 OF THIS YEAR WAS FOR SECTION SECTION 22-194 - TREE PROTECTION AND MITIGATION.
CITY REQUESTED OF THIS SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS THE VIOLATOR BE FINED AS TWO LIVE OAK TREES THAT WERE REMOVED AT FIVE THOUSAND EACH TO TOTAL TEN THOUSAND DOLLARS. THE COLLECTED FUNDS TO BE PLACED IN THE TREE FUND.
AND I DO HAVE PHOTOS TO SUBMIT.
SPECIAL MAGISTRATE WE WOULD ASK TO GO AHEAD ANDMOVE THOSE IN AS CITY'S COMPOSITE ONE AND I'D ASK STAFF IF THERE'S ANYTHING YOU WANT TO SAY ABOUT THE PHOTOS.
THERE APPEARS TO BE SOME ROT IN THE TREE.
IDENTIFY YOURSELF FOR THE RECORD.
THEY WERE STILL ALIVE. IDENTIFY YOURSELF FOR THE RECORD.
THIS PARTICULAR CALL CAME IN WITH THE SOLID WASTE BECAUSE THE PERSON CUTTING THEM WAS KEEP PUTTING THIS STUFF OUT ON THE RIGHT OF WAY FOR COLLECTION.
CAN YOUMR. BERTRAM TELL US A LITTLE BIT ABOUT YOUR TRAINING AND EXPERIENCE AND EXPLAIN WHY YOU CAME TO THE CONCLUSION ABOUT THE CONDITION OF THE TREES? I'M A CERTIFIED ISA ARBORIST.
AND I HAVE A DEGREE IN URBAN FORESTRY.
AND TELL US WHAT YOU SAW AND WHY YOU REACHED THE CONCLUSIONS THAT YOU REACHED.
SOMEBODY CUT DOWN TWO OAK TREES AND PUT THEM OUT BESIDE THE ROAD.
[01:40:02]
SO YOU RECOGNIZE THEM TO BE OAK TREES BASED ON YOUR TRAINING AND EXPERIENCE.YESAND OAK TREES ARE NOT ONE OF THE TYPE OF TREES THAT CAN BE CUT DOWN IN THE CITY OF FORT PIERCE WITHOUT A PERMIT. CORRECT.
NO MA'AM. SOLID WASTE NOTIFIED YOU OF THIS PROBLEM? I BELIEVE THAT CALL CAME IN FROM SOLID WASTE.
IF THEY SEE SOMEBODY PUTTING STUFF ON THE RIGHT OF WAY TO BE COLLECTED, THEY CALL AND THEY HAVE SOMEBODY COME OUT AND SEE IF THERE WAS A PERMIT OBTAINED.
NOT TO SAY THAT SOLID WASTE DIDN'T CONTACT HIM AT SOME POINT, BUT I HAD CALLED THEM WHEN I WAS INSPECTING PROPERTIES IN THE AREA AND NOTICED IT.
AND HAVE YOU SPOKEN WITH THE PERSON RESPONSIBLE FOR THE TREES? I HAVE SPOKEN WITH THE OWNER OF THE PROPERTY.
OK. AND HER RESPONSE WAS THAT SHE WOULD APPEAR BY PHONE TODAY.
YES, MA'AM. SHE DID REQUEST US A TELEPHONE CONFERENCE.
OK. ANYTHING FURTHER? NOTFOR ME.
THEN, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THATCCBN LLC IS RESPONSIBLE FOR THE VIOLATION FOR THE REMOVAL OF CUTTING DOWN PORTIONS OF THE TREE.
A FIND THAT A VIOLATION DOES EXIST, ASTO TWO LIVE OAK TREES BEING REMOVED.
I WILL FINE HER500 DOLLARS ALL COLLECTED FUNDS TO BE PLACED IN THE CITY'S TREE FUND.
FIVE HUNDRED. YES, IF I NEED TO DIVIDE IT UP OR.
I DON'T BELIEVE SO. OK, SO I JUST FINE TO FIVE HUNDRED DOLLARS FOR THE TREES.
I THINK THAT'S ALL WE HAVE THAT'S FOR PRESENT.
WE HAVE CASES THAT HAVE BEEN COMPLIED OR PULLED.
WAIT A MINUTE. THERE WAS ANOTHER PHONE CALL.
YES, MA'AM.DID WE WANT TO TRY AND RECALL THAT ONE AS WELL.
YOUR CALL HAS BEEN FORWARDED TO AN AUTOMATED VOICE MESSAGING SYSTEM.
WHEN YOU'RE READY, MS. DEBEVEC.YES MA'AM THIS IS CASE NUMBER19-3035.
IT WAS A CONTINUATION FROM THE FEBRUARY 5TH HEARING.
IT'S1205 SEAWAY DRIVE OWNED BY ANTHONY LASCALA AND TINA MOORE.
CASE WAS INITIATEDNOVEMBER 14TH2019.
IT WAS FOR IPMC 304.1 -EXTERIOR STRUCTURE IT WAS REQUESTED THAT THEY OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT, REPAIR THEROTTING TRIM ON THE WEST, SOUTH AND EAST SIDES.
CITY'S REQUESTING THAT IF SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT, COMPLY WITH THE PERMIT CONDITIONS OR A FINE OF $100 PER DAY BE ASSESSED.I DO HAVE PHOTOS TO SUBMIT.
OKAY. CAN WE MOVE THOSE IN AS CITY'S COMPOSITE ONE.
THEY WILL BE SO ADMITTED AS CITY'S COMPOSITE ONE.
IS THERE ANYTHING YOU WANTED TO SAY ABOUT THE PHOTOS? AS YOU LOOK TOWARDS THE NEWER PHOTOS, YOU WILL SEE WHERE WORK HAD BEEN STARTED, BUT THE PERMIT THAT THEY HAD APPLIED FOR HAD BEEN DENIED BECAUSE THE CONTRACTOR WAS NOT LICENSED TO DO THE WORK THAT IS REQUIRED.
AND THIS IS NOT A SITUATION WHERE THEY CAN PULL THE CONTRACT OR PULL THE PERMIT THEMSELVES.IT'S A RENTAL PROPERTY, IT'S SEVERAL APARTMENT UNITS.
I DID EXPLAIN TO HIM THAT HE NEEDED TO GET WITH THE BUILDING DEPARTMENT AND SPEAK WITH HIS CONTRACTOR TO TRY AND FIGURE OUT WHAT EXACTLY WAS NEEDED AND TO GO ABOUT THE PROCESS.
THE CONVERSATION WAS NOT VERY [INAUDIBLE] OKAY.
ANYTHING FURTHER?SO SPECIAL MAGISTRATE MR. COSS IS HERE THIS MORNING.
I WANTED TO KNOW IF HE HAD ANYTHING TO ADD WITH REGARD TO THIS CASE.
[01:45:01]
SHAUN COSS BUILDING DEPARTMENT COORDINATOR.SO THERE HAS BEEN A ISSUED PERMIT PERMIT NUMBER20-235.
THAT PERMIT IS STRICTLY FOR THE REPLACEMENT OF SOFFIT FACIA.
THE WORK THAT HAS BEEN DEPICTED IN THE PHOTOGRAPHS TAKEN BY MS. DEBEVEC IS OUTSIDE OF THE SCOPE OF THIS PERMIT.
SPECIFICALLY, THE WORK TO THE SIDING AND TO THE TRUSSESAND OR RAFTERS IS NOT WITHIN THE SCOPE OF THIS PERMIT.THE ISSUE WITH THE CONTRACTOR HAS SINCE BEEN RESOLVED.
INITIALLY THIS APPLICATION WAS SUBMITTED BY A CERTIFIED RESIDENTIAL CONTRACTOR.
HOWEVER, BECAUSE THERE ARE MULTIPLE UNITS IN THIS BUILDING, IT IS CONSIDERED A COMMERCIAL BUILDING AND A CONTRACTOR CERTIFIED TO DO WORK ON COMMERCIAL BUILDINGS WAS REQUIRED.
SO AT THIS TIME WE DO HAVE THE PERMITS ISSUED TO A CERTIFIED BUILDING CONTRACTORS.
SO THAT ISSUE HAS BEEN RESOLVED.
HOWEVER, THE WORK THAT IS BEING COMPLETED IS BEING COMPLETED WITHOUT A PERMIT.
ANYTHING FURTHER?THEN, BASED ON EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 1205 SEAWAY DRIVE AND THAT ANTHONY LASCALA AND TINA MOORE RESPONSIBLE FOR THE VIOLATION. I WILL GIVE THEM 30 DAYS TO OBTAIN THE PROPER PERMIT AND COMPLY WITH ALL PERMIT CONDITIONS OR BE FINED ONE HUNDRED DOLLARS PER DAY, 30 DAYS TO APPEAL.
IS THAT ALL OF THE CASES THAT ARE PRESENT TODAY.
I'M GOING TO READ IN THE COMPLIEDAND THE PULLED.
CASE19-2337 1018 NORTH 13TH STREET IS COMPLIED.
CASE 19-2852 608 [INAUDIBLE] DRIVE IS COMPLIED, CASE 19-3045 225 SOUTH U.S. HIGHWAY 1.
IT'S 19-3264 912 NORTH 22ND STREET IS PULLED.
20-70 1406 GEORGIA AVENUE IS COMPLIED.
CASE19-3445 221 AVENUE A IS COMPLIED.
HIGHWAY 1. WE'RE CONTINUING IT.
CASE20-289 1550 SOUTH OCEAN DRIVE.
WE'RE CONTINUING THAT ONE CASE.
20-248 3 0 9 NORTH 12TH STREET WERE COMPLIED AND CASE 19-3467 519 SOUTH US HIGHWAY 1 WE'RE CONTINUING.SPECIAL MAGISTRATE.
[Y. 19-2958 CE 2203 Orange Ave Toivorentals LLC Isaac Saucedo]
YES. MS. [INAUDIBLE] , ARE YOU FINISHED? WITH THOSE. OK.CAN I ASK THAT WE CALL A CASE OUT OF TURN JUST SO THAT WE CAN GET MR. [INAUDIBLE] OUT OF HERE? HE'S BEEN SITTING PATIENTLYALL MORNING.
COULD WE PLEASE CALL 5Y, WHICH WOULD BE 19-2958 2203 ORANGE AVENUE.
THIS IS CASE NUMBER 19-29582203 ORANGE AVENUE.
CASE WAS INITIATED BY MYSELF ON NOVEMBER 5TH, 2019.
THE OWNERS ARETOIVORENTALS LLC OF 229 NE SAGAMORE TERRACE PORT ST.
IT IS OCCUPIED BY[INAUDIBLE] ALSO OF THE SAME ADDRESS 229 NE SAGAMORE TERRACE.
THE VIOLATIONS ARE SECTIONS16-46, 47, 48.
NUMBER ONE[INAUDIBLE] OUTSIDE STORAGE SECTIONS22-187.
NUMBER THIRTEEN FOR LANDSCAPE MAINTENANCE IPMC 302.7.
ACCESSORY STRUCTURES IPMC 304.2.
PROTECTIVE TREATMENT IPMC 304.6 EXTERIOR WALLS AND IPMC 304.13 WINDOWS, SKYLIGHTS AND DOOR FRAMES.
THIS PARTICULAR CASE THEY OBTAINED PERMITS.
[01:50:03]
BUT THEY DON'T FIT UNDER THE SCOPE OF WORK THAT NEEDS TO THEY OBTAIN PERMITS, BUT NOT FOR WHAT THE VIOLATIONS ARE ON THE PROPERTY.IT'S MY UNDERSTANDING THAT THE PERMIT WAS APPROVED.
HOWEVER, WITH THE PERMIT THAT WAS THAT THEY PULLED, NONE OF THE WORK WOULD BE ABLE TO BE DONE.SO I'D ASK IT THAT MR. [INAUDIBLE], GIVEN A CHANCE TO LOOK AT THE PERMIT AND TO LOOK FOR ITS STAFF TO STATE WHY WHAT'S IN THE PERMIT DOESN'T MATCH UP WITH WHAT'S GOING ON AT THE PROPERTY.
PERMIT 2 0 3 2 3 HAS BEEN ISSUED TO ANDREW'S ROOFING AND CONSTRUCTION FOR EXTERIOR WALL, STUCCO, HINGES FOR A FENCE WINDOW AND DOOR FRAME GLASS REPLACEMENT ONLY THE PICTURES THAT MRS. SAUCEDOSHOWED ME YESTERDAY, WHICH WILL BE SUBMITTED FOR THE RECORD.
IT SHOWED DETERIORATION OF A ASSESSOR RESTRUCTURE SEPARATE FROM THE BUILDING.
THIS PERMIT DOES NOT ADDRESS THAT BUILDING AT ALL.
AS MENTIONED BY MRSAUCEDO, I'LL AFFIRM THAT THIS PERMIT THAT HAS BEEN ISSUED DOES NOT ADEQUATELY ADDRESS THE VIOLATIONS THAT ARE BEING ALLEGED.
ANYTHING FURTHER?ANYONE HERE ON BEHALF OF2203 ORANGE AVENUE? THERE BEING NO ONE PRESENT, I FIND THAT BASED ON THE EVIDENCE AND TESTIMONY PRESENTED.
I FIND THAT A VIOLATION EXISTS AND THATTOIVORENTALS LLC IS RESPONSIBLE FOR THE VIOLATION.
I'LL GIVE THEM. WE'VE GOT TO MAIL IT OUT SO I GIVE THEM FIFTEEN DAYS FROM THE DATE OF THE ORDER TO COMPLY WITH THE VIOLATIONS OR GET THE NECESSARY PERMITS OR A FINE OF ONE HUNDRED AND FIFTY DOLLARS PER DAY BE ASSESSED, THEY HAVE 30 DAYS TO APPEAL.
THANK YOU, SHAUN.WE GOT TO READ EACH CASE IN OR AND PRESENT THEM OR EACH ONE?YES.
YES.WE JUST I JUST WANNA GET THE BASICS ON THE RECORD.
THE ELEMENTS OF WHATTHE VIOLATION WAS, WHAT YOU OBSERVED, WHY THERE WAS A VIOLATION.
OK. CAN YOU. THERE'S TWO CASES FOR THAT PROPERTY.
CAN WE GO AHEAD AND READ [INAUDIBLE] THE SAME RESPONDENT THAT WE JUST CALLED HAD ADDITIONAL CASES ON THE DOCKET THIS MORNING.
SO WE'D LIKE TO JUST GO AHEAD AND TAKE CARE OF THOSE SINCE MR. SAUCEDO IS THERE.
YOU'LL HAVE ONE IS X AND THE OTHER ONE ISZ.
[X. 19-2967 CE 2203 Orange Ave Toivorentals LLC Isaac Saucedo]
WE WILL BE DOING X RIGHT NOW.THAT WOULD BE THE NEXT ONE.CASE 5X 19-2967 2203 ORANGE AVENUETOIVORENTALS LLC.
THIS IS CASE NUMBER 19-2967 2207 ORANGE AVENUE.
THE CASE WAS INITIATED BY MYSELF ON NOVEMBER 5TH, 2019.
THE OWNERS ARETOIVORENTALS LLC OF 229 NE SAGAMORE TERRACE AND ST.
IT IS ALSO OCCUPIED BY[INAUDIBLE] OF THE SAME ADDRESS229 NE SAGAMORE TERRACE.
THE VIOLATIONS ARE SECTIONS16-46 47 48 NUMBER 1AND 5 FOR OUTSIDE STORAGE.
THE CITY DOES REQUEST THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVING 10 DAYS TO COMPLY OR A FINE A $150 PER DAY BE ASSESSED FOR THIS PARTICULAR ONE.THIS IS JUST FOR TIRES BEING SCATTERED THROUGHOUT THE PARKING LOT SINCE THE PREVIOUS PERMITS.
WE'RE KEEPING THIS ONE ACTIVE BECAUSE OF THAT TIRES.
THOSE TIRES WERE MOVED TO THE BACK, BUT THERE'S STILL.
THEY ARE JUST SCATTERED ALL OVER THE BACK OF THE BUILDING.
SO WE'LL GO AHEAD AND MOVE THOSE IN AS A COMPOSITE.
THANK YOU. THEY WILL BE ADMITTED AS COMPOSITE ONE IN THIS MATTER.
CONTINUE.[INAUDIBLE] SEE WHAT I SEE ABOUT THE PHOTOS.
NO.ANYTHING ELSE YOU WANT TO SAY ABOUT THIS CASE.
AND IN ONE HERE ON BEHALF OFTOIVORENTALS? THERE BEING NOONE PRESENT I FIND THAT A VIOLATION EXISTS AT2203 ORANGE AVENUE AND THAT THEY ARE THE RESPONSIBLE PARTY.
I WOULD GIVE THEM 10 DAYS TO COME INTO COMPLIANCE.
[01:55:02]
IF NOT, THEY WILL BE FINED $150 PER DAY.THANK YOU.YOU HAVE 30 DAYS TO APPEAL.
[Z. 19-2968 CE 2211 Orange Avenue Toivorentals LLC Isaac Saucedo]
YOU'RE WELCOME.THE NEXT ONE IS5Z.WHICH CASENUMBER WAS THAT I'M SORRY.
THIS CASE NUMBER 19-2968 2211ORANGE AVENUE.
CASE WAS INITIATED BY MYSELF ON NOVEMBER 5TH, 2019, AND THE OWN OWNER ISTOIVORENTALS LLC.
229 NE SAGAMORE TERRACE PORT ST. LUCIE, FLORIDA OCCUPIED BY[INAUDIBLE]229 NE SAGAMORE TERRACE. THE VIOLATIONS ARE SECTIONS16-46 47 48.
NUMBER 1 AND 5 FOR OUTSIDE STORAGE.
THIS IS BEING PRESENTED AS AN R&D.
RIGHT. BECAUSE THESE ARE THE SAME ALLEGATIONS THAT ARE ALLEGED IN FIVE Y.
THE BUILDING IS PRETTY MUCH THE SAME BUILDING, BUT IT'S DIVIDED INTO TWO DIFFERENT PARCELS, TWO DIFFERENT BUSINESSES.
THIS SIDE OF THAT SAME BUILDING COMPLIED ANDWE'RE JUST GONNA GO AHEAD AND DO A REVIEW AND DETERMINATION FOR THAT ONE.
OK.THEN, BASED UPON THE TESTIMONY AND EVIDENCE PRESENTED, I FIND THAT A VIOLATION EXIST AND ATTOIVORENTALS IS RESPONSIBLE FOR THE VIOLATIONS.
THE PROPERTY IS IN COMPLIANCE.
THE VIOLATION NOW DOES NOT EXIST AND THIS MATTER IS DISMISSED.
AND ISAAC, YOU HAD THIS OTHER ONE ALSO.
[AA. 19-2969 CE 2211 Orange Ave Toivorentals LLC Isaac Saucedo]
CORRECT.19-2969,2211 ORANGE AVENUE TOIVORENTALS.THIS IS CASE NUMBER19-2969 2211 ORANGE AVENUE CASE WAS INITIATED BY MYSELF ON NOVEMBER 5TH, 2019.
OWNER IS ALSO TOIVORENTALS LLC229 NE SAGAMORE TERRACE PORT ST.
LUCIE, FLORIDA 3 4 9 8 3 OCCUPIED BY[INAUDIBLE] OF THE SAME ADDRESS PREVIOUSLY MENTIONED 229 NE SAGAMORE TERRACE IN PORT ST. LUCIE. VIOLATIONS ARE SECTIONS 16-46 47 48.
NUMBER 1 AND 5 FOR OUTSIDE STORAGE.
SECTION 22-187 NUMBER THIRTEEN FOR LANDSCAPE MAINTENANCE IPMC 302.7.
ACCESSORY STRUCTURES IPMC 304.2 PROTECTIVE TREATMENT IPMC 304.6 EXTERIOR WALLS AND IPMC304.13 WINDOWS, SKYLIGHTS AND DOOR FRAMES.
SAME THING AS A PREVIOUS CASE REVIEW AND DETERMINATION.
THANK YOU.WELL, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THATTOIVORENTALS IS RESPONSIBLE FOR THE PROPERTY AT2211 ORANGE AVENUE THAT A VIOLATION DID EXIST, BUT IT HAS BEEN CURED AS OF TODAY'S DATE, SO I WILL DISMISS THIS MATTER.
THANK YOU. THANK YOU.DO WE NEED TO RECALL MS. ALOUPTION. SHE'S HERE.
GO AHEAD AND RECALL. YES, PLEASE.
IF THAT'S OKAY WITH THE SPECIAL MAGISTRATE.
IT IS.WE'RE GONNA RECALL CASE 20-341 115 SOUTH13TH STREET ALOUPTION.
THIS WAS A CASE THAT YOU HAD PREVIOUSLY CONTINUED EARLIER THIS MORNING.
AND SINCE THEN, THE RESPONDENT HAS PRESENTED US WITH PAPERWORK, WHICH I BELIEVE WAS ESSENTIALLY WHAT YOU CONTINUED THE CASE FOR HER TO GET.
CAN I APPROACH WITH A COPY OF THAT? YES. THANK YOU.
AND I'M GONNA SHOW HER [INAUDIBLE] WHAT SHE HAS PROVIDED TO US.
SO WE'D ASK THAT THAT BE MADE PART OF THE RECORD FOR THIS CASE.
I DON'T KNOW IF YOU WANTED TO GO AHEAD AND ADDRESS THIS NOW, SPECIAL MAGISTRATE OR IF YOU WANTED TO LEAVE IT RESET TO THE NEXT DATE BUT WE WANTED TO LET YOU KNOW SHE WAS BACK WITH THE PAPERWORK.I WILL ADMIT, THIS AS THE MS. ALOUPTION, EXHIBIT 1.
I THINK YOU MIGHT WANT TO BE BACK UNLESS YOU TALK TO HIM AND HE'S LEFT THE BUILDING, I
[02:00:01]
TAKE IT.I BELIEVE HE WAS LOOKING FOR PEGGY FOR SOMETHING.BUT I SHOWED HIM THE PAPERWORK AND HE DIDN'T REALLY SAY MUCH. SO.
SO IF I CAN, MAYBE WE CAN CRYSTALLIZE THE ISSUE HERE.
IT SEEMS TO ME ANDYOUR HONOR, HAS NOT OFFICIALLY RULED ON WHETHER OR NOT A VIOLATION EXISTED, BUT IT SEEMS TO ME THAT THE PAPERWORK WOULD GO MORE TOWARDS MITIGATION THAN ACTUALLY WHETHER THE VIOLATION EXISTED.
SO TO THAT EXTENT, I DON'T KNOW HOW HELPFUL MR. BERTRAM'S TESTIMONY WOULD BE IN TERMS OF WHETHER OR NOT YOUR HONOR IS FINDING MITIGATION.
HE WAS CLEAR AS FAR AS THE CITY'S POSITION AS TO WHY WE WERE SEEKING THE FINES, WE WERE SEEKING. AND MS, ARRAIZ ALSO STATED THAT PREVIOUSLY ON THE RECORD THIS MORNING.
ALL RIGHT, THEN. MS. ALOUPTION.I RECALL THE TESTIMONY FROM WHEN YOU WERE HERE PREVIOUSLY, THERE IS AN ORDINANCE WHERE IF YOU'RE GOING TO CUT DOWN TREES AND ESPECIALLY THOSE TREES THAT ARE PROTECTED SPECIES AND NATIVE TO FLORIDA, NOT NECESSARILY NATIVE, BUT HAVEN'T BEEN HERE FOR SO LONG.BUT THEY ARE GRANDFATHERED IN.
YOU HAVE TO HAVE A PERMIT TO CUT DOWN A TREE.
THESE HEARINGS ARE TELEVISED AND IF NOTHING ELSE HAPPENED TO THE DATE FOR THE LISTENING PUBLIC. IF YOU'RE GONNA DO ANYTHING ON YOUR PROPERTY OR TO YOUR HOUSE, PLEASE CHECK WITH THE LOCAL CODE AND BUILDING DEPARTMENTS TO MAKE SURE THAT YOU DO OR DO NOT NEED A PERMIT FOR THE WORK THAT IS ABOUT TO BE DONE.
BECAUSE IF IT'S DONE WITHOUT A REQUIRED PERMIT AND YOU ARE IN VIOLATION DESPITE THE FACT THAT YOU KNOW YOUR INTENTIONS WELL, WELL AND GOOD INTENTIONS.
WITH REGARDS TO THE THREE TREES.
THROUGH NO FAULT OF YOUR OWN, I DO FIND THAT A VIOLATION EXISTS.
AND BASED ON THAT VIOLATION, I'LL FIND YOU TWO HUNDRED AND FIFTY DOLLARS TOTAL.
ALL COLLECTED FUNDS TO BE PLACED IN THE CITY'S TREE FUND.
YOU HAVE 30 DAYS TO APPEAL MY RULING AND IN MOST CASES THE CITY ALLOWS YOU TO SET UP A PAYMENT PLAN IF YOU CAN'T PAY ALL THAT MONEY AT ONCE.
HE GOT. YOU HAVE TO GIVE ME THAT MONEY BACK BECAUSE I THINK[INAUDIBLE] WELL, I WON'T GO INTO THAT, BUT I JUST KNOW YOU HAVE TO HAVE PERMITS FORALMOST EVERYTHING YOU DO AND THOSE PERMITS AND ORDINANCES ARE IN PLACE REALLY TOPROTECT US.
THEY REALLY ARE. BUT GOOD LUCK TO YOU AND LET ALL YOUR FRIENDS KNOW.
DON'T CUT A TREE DOWN WITHOUT A PERMIT.
I THANK YOU.AND NOW I HAVE TO [INAUDIBLE] MYSELF.
I THANK YOU. WHERE DO I HAVE TO GO TO PAY THAT MONEY.
CAN SOMEBODY TAKE HER? OKAY. YES.
THESE NEXT CASES ARE CASES WHERE NO ONE IS PRESENT.
[B. 19-3345 PK 100 N US Highway 1 Brown, Stuart Heather Debevec]
WE HAVE CASE19-3345 100 NORTH U.S.BROWN.WANT TO DO THEM ONE BY ONE? OR JUST READ IN ALL THE CASE NUMBERS AND.
WE SPECIAL MAGISTRATE, IF WE CAN GO ONE BY ONE, THE STAFF CAN JUST PUT THE BASICS ON THE RECORD.THAT'S FINE WITH ME.
ALL RIGHT AND THAT IS MS DEBEVEC.
YES THIS IS CASE NUMBER19-3345 100 NORTH U.S.
1 ISSUED TO STUART BROWN CASE WAS INITIATED DECEMBER 10TH,2019 WAS FOR A PARKING TICKET FOR1023 SUBSECTION Q HANDICAPPED PARKING FOR THE $250 FINE ADMINISTRATIVE FEE TO $10 LATE FEE EIGHTEEN TOTAL DO TWO HUNDRED AND SEVENTY EIGHT CITIES REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTSA VIOLATOR BE ASSESSED THE TOTAL DUE AS INDICATED.
BOTH FAILURE TO PAY SUCH FINE WOULD RESULT IN CITATION BEING FORWARD TO THE COUNTY COURT SYSTEM.AND I DO HAVE PHOTOS.
THEY WILL BE ADMITTED ASCITY'S COMPOSITE ONE.
[02:05:06]
THANK YOU.IS THERE ANYTHING ELSE YOU WANT TO SAY ABOUT THE PHOTOS? NO.THEREBEENING NO ONE HERE [INAUDIBLE] THERE IS NO ONE ON HIS BEHALF.I FIND THAT A VIOLATION EXISTS AND THAT HE IS A RESPONSIBLE PARTY.
I WOULD GIVE HIM FIFTEEN DAYS TO COMPLY.
EXCUSE ME, MA'AM. THAT'S THE WRONG CASE.
I'M LIKE, THIS ISOK. AND WHAT ARE YOU ASKING FOR IN THAT ONE? 278, IT'S 250 FOR PARKING IN THE HANDICAPPED SPACE.
HE WAS ON TOP OF THE LOADING AREA OF THE HANDICAPPED SPACE.
THE $10 ADMINISTRATION FEE, $18 LATE FEE TO TOTAL.
TWO HUNDRED AND SEVENTY EIGHT DOLLARS.
ALL RIGHT. I FIND THAT A VIOLATION EXISTS AND THAT HE BE FINED TWO HUNDRED AND SEVENTY EIGHT DOLLARS FOR THE VIOLATION AND THAT HE IS NOT PRESENT.
NEXT CASE. 20-39320 NORTH THIRTEENTH STREET JOHNSON.
SPECIAL MAGISTRATE. GOING BACK TO THE LAST CASE.
ARE YOU PUTTING A DEADLINE IN TERMS OF HOW MANY DAYS MR. STUART BROWN HAS TO PAY? THANK YOU. I'LL GIVE HIM 30 DAYS TO PAY.
IF NOT, THEN THIS MATTER MAY BE TRANSFERRED OVER TO THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND COSTS THANK YOU, MA'AM. I APOLOGIZE FOR INTERRUPTING.
[F. 20-0039 CE 320 N 13th Street Johnson, Willie Johnson, Allicia Heather Debevec]
I'M READY. CASE NUMBER20-39.320 NORTH 13TH STREET, OWNED BY WILLIE ANDALLICIA JOHNSON.
CASE WAS INITIATED. JANUARY 10TH OF THIS YEAR WAS FOR SECTION5-1.1045 UNSAFE COVERED BUILDINGS, COVERED WINDOWS.
EXCUSE ME, THE SHUTTERS HAD BEEN REMOVED.
I'M REQUESTING THAT THAT BE R&D REVIEW ON DETERMINATION.
SUBSECTION 1, SUBSECTION 5 OUTSIDE STORAGE REQUESTING THAT THEY BRING IN.
BRING IN OR PLACE IN A SHED THE ITEMS THAT ARE ON THE NORTH SIDE OF THE PROPERTY.
THERE WAS A CAR HOOD THERE THAT HAS BEEN MOVED, BUT THERE'S OTHER ITEMS THAT WERE PUT BACK IN ITS PLACE, A LAWN MOWER AND A BIN OF SORTS.
THE CITY'S REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS, THE VIOLATOR BE GIVEN FIVE DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED.
AND I DO HAVE PHOTOS IN WHICH TO SUBMIT.
MOVETHOSE IN AS CITY'S COMPOSITE ONE.
WILL BE ADMITTED AS CITY'S COMPOSITE ONE.
ANYTHING FURTHER? I DON'T BELIEVE SO.
JUST ONE MOMENT. WHAT ARE YOU SAYING WITH REGARD TO THIS? SPECIAL MAGISTRATE, IF WE COULD JUST HAVE STAFF CLARIFY.
GO AHEAD AND ASK.IT'S HEATHER FOR THE OUTSIDE STORAGE.
WAS IT ONLY THE CAR HOOD THAT YOU CITED ORWERE THERE MORE ITEMS. A CAR HOOD ISWHAT I HAD CITED FOR.
YES.OK, THEN WHAT ABOUT THE COVEREDWINDOWS? THE SHUTTERS ARE DOWN.
SO IT'S JUST THE OTHER ITEMS THAT ARE LISTED IN 2 THEN.
IT WAS JUST SECTION5-1.104.5 THAT'S IN VIOLATION.
IT WOULD BE OLIVER, IT WOULD BE REVIEW AND DETERMINATION AT THIS POINT BASED ON WHAT [INAUDIBLE] IS SAYING.OK.
ALL RIGHT.THANK YOU FOR CLARIFYING.
BASED ON THE TESTIMONY AND THE EVIDENCE PRESENTED, I FIND THAT THE VIOLATION DID EXIST BUT HAS BEEN CURED AS OF TODAY'S DATE.
[INAUDIBLE] IT IF THE VIOLATIONS WERE TO OCCUR PURSUANT TO FLORIDA STATUTE 162.09, ADDITIONAL COSTS AND PENALTIES MAY BE ASSESSED.
19-2857 613 EMIL DRIVE, SMART, THAT'S CHAD.
I DON'T KNOW WHERE HE WENT.CAN WE CAN WE DO THE NEXT ONE I, WHICH I BELIEVE IS MS.
[02:10:02]
DEBEVEC.OK.[I. 19-3091 CE 2220 S US Highway 1 Talaee FL LLC Heather Debevec]
CASE5I19-3091 2220SOUTH U.S.HIGHWAY 1. TALAEE FLORIDA LLC.
WHEN YOU'RE READY. YES THIS IS CASE NUMBER19-3091 2220 SOUTH US 1 TALAEE FLORIDA LLC CASE WAS INITIATED NOVEMBER 19TH, 2019 WAS FOR A IPMC304.1 EXTERIOR STRUCTURE GENERAL IPMC304.2 PROTECTIVE TREATMENT IPMC302.7 AN ACCESSORY STRUCTURE IS REQUESTED THAT THEY REPAIR THE HOLES IN THE STUCCO AROUND THE BUILDING AND AWNINGS PRESSURE WASH THE DELIVERY AREA AS IT IS DISCOLORED.
IF THAT DOES NOT WORK AND PAINT REPAIR THE FENCE ON THE SOUTH SIDE OF THE PARKING LOT WHERE IT IS FALLING INTO THE DRIVING LANE CITIES REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED.AND I DO HAVE PHOTOS.
SUBMITTED AS CITY'S COMPOSITE ONE WILL.
BE ADMITTED AS CITY'S COMPOSITE ONE.
ANYTHING YOU WANT TO SAY ABOUT THE PHOTOS OR ANYTHING ELSE YOU WANT TO SAY ABOUT THE CASE? I DON'T BELIEVE SO.THESE WILL BE ADMITTED AS COMPOSITE ONE CITY.
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT TALAEE FLORIDA LLC IS RESPONSIBLE FOR THE VIOLATION.
THERE IS NOT A REPRESENTATIVE HERE ON BEHALF OF THEM.
I WILL GIVE THEM 30 DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED 30 DAYS TO APPEAL.
[Q. 19-3087 CE 503 El Rancho Drive C2 & E Properties LLC Heather Debevec]
A CASE3087.WHEN YOU'RE READY. THIS IS CASE NUMBER 19-3087 503 EL RANCHO DRIVE C2 & E PROPERTIES LLC.
CASE WAS INITIATED NOVEMBER 19TH, 2019, SECTION22-67, SUBSECTION B SUBSECTION 5FENCE MAINTENANCE PERMIT REQUIRED.
IT'S REQUESTED THAT THEY REMOVE THE FENCE OR OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT FOR THE FENCE. CITIES REQUESTING THAT IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXISTS, THE VIOLATOR BE GIVEN 30 DAYS TO OBTAIN A PERMIT, COMPLY WITH THE PERMIT CONDITIONS OR A FINE OF $100 PER DAY BE ASSESSED.
I DO HAVE PHOTOS IN WHICH TO SUBMIT THOSE.
WE'LL MOVE THOSE IN AS CITY'S ONE COMPOSITE.
THESE WILL BE ADMITTED AS CITIES ONE COMPOSITE.
ANYTHING FURTHER? I DON'T BELIEVE SO.
AND WITH REGARDS TO PROPERTY AT THIS IS.
Q.503 EL RANCHO DRIVE I FINDE THAT A VIOLATIONEXISTS AND THAT C2 & E PROPERTIES LLC IS RESPONSIBLE FOR THE VIOLATION.
THERE IS NO ONE PRESENT ON THEIR BEHALF.
I WILL ORDER THAT THEY COME INTO COMPLIANCE WITHIN HOW MANY DAYS? 30.THEY OBTAIN THE PERMIT AND HAVE THE CONDITIONS FOR THE PERMIT.
YES MA'AM. 30 DAYS TO OBTAIN THE PERMIT, COME INTO COMPLIANCE WITH PERMIT CONDITIONS OR BE FINED ONE HUNDRED DOLLARS PER DAY.
19-3494 5 R 2106 GOLFVIEW COURT, JBM PROPERTIES LLC.
CASE NUMBER 19-3494 2106 GOLFVIEW COURT OWNED BY JBM PROPERTIES LLC.
THIS IS IT INITIATED JANUARY 7TH OF THIS YEAR WAS FOR SECTION16-46, S16-47, 16-48, SUBSECTION 1, SUBSECTION 5 OUTSIDE STORAGE, TO WHICH WE'RE REQUESTING REVIEW AND DETERMINATION AS EVERYTHING HAD BEEN REMOVED FROM THE YARD.
AND I DO HAVE PHOTOS TO SHOULD YOU WISH.
THESE WILL BE ADMITTED AS CITIES COMPOSITE ONE.
SO THEY'VE REALLY CLEANED THE PLACE UP HUH.
ALL RIGHT, VERY GOOD. CITIES COMPOSITE ONE BASED ON THEEVIDENCE PRESENTED.
I FIND THAT A VIOLATION DIDEXIST BUT HAS BEEN CURED AS OF THE DATE OF THE HEARING.
VIOLATORSHALL BE WARNED THAT IF HE OR SHE ALLOWS THE SITUATION TO RE-OCCUR PURSUANT TO
[02:15:06]
FLORIDA STATUTE 162.09, ADDITIONAL COSTS AND PENALTIES MAY BE ASSESSED.[H. 19-2857 CE 613 Emil Drive Smart, David Chad Dawson]
OK. CASE 5 H.WHEN YOU'RE READY. FOR THE RECORD CHAD DAWSON CITY OF FOR PIERCE CODE ENFORCEMENT.
THIS IS CASE NUMBER19-2857 613 EMIL DRIVE OWNED BY DAVID SMART.
THE PROPERTY WAS FOUND IN VIOLATION FOR SECTION16-46, 16-47, 16-48 SUBSECTION 4FOR PARKING ON THE PAVEMENT.
THE CITY REQUEST THATSPECIAL MAGISTRATE FIND THAT A VIOLATION DOES EXIST AND THE VIOLATOR BE GIVEN TEN DAYS TO COMPLY OR A FINE OF $50 PER DAY BE ASSESSED.
JUST TO NOTE THAT I HAVE NOT RECEIVED ANY COMMUNICATION FROM THE PROPERTY OWNER, AND HE'S NOT HERE TODAY.OK.
THANK YOU.BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VIOLATION EXISTS AT 613 EMIL DRIVE AND DAVID SMART IS RESPONSIBLE FOR THE VIOLATION.
I WOULD GIVE HIM 10 DAYS TO COMPLY OR A FINE OF $50 PER DAY WILL BE ASSESSED.
AND I DO HAVE PHOTOS, I'M SORRY TO SUBMIT FOR EVIDENCE.
WILL BE ADMITTED AS CITY'S COMPOSITE ONE.
[U. 19-3465 BTR 415 Avenue A Virtual Schools of Excellence Chad Dawson]
NEXT IS 5U.NINETEEN19-3465 415 AVENUE A VIRTUAL SCHOOLS OF EXCELLENCE.
THIS IS CASE NUMBER 19-3465, 415 AVENUE AOWNED BY[INAUDIBLE] FINANCE LLC.
THE CASE WAS INITIATED DECEMBER31ST, 2019.
THE PROPERTY WAS FOUND IN VIOLATION FOR SECTION 16-69-16 SUBSECTION A IMPOSE SECTION9-27.
SUBSECTION B DOING BUSINESS WITHOUT A TAX.
THE CITY REQUEST THAT SPECIAL MAGISTRATE FIND AVIOLATION EXISTS AND THE VIOLATOR BE GIVEN FIVE DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED AND ALL ORDERS UTILITIES TO THE PREMISES BE SUSPENDED WHILE THEVIOLATION CONTINUES.
ANYTHING FURTHER?JUST TO NOTE I REACHED OUT TO CITY CLERK ON YESTERDAY AND THEY DID CONFIRM THAT THEY HAVE NOT RENEWED THEIR BUSINESS TAX RECEIPT .
ARE THEY STILL IN BUSINESS? YES MA'AM. WELL, OK.
BASED ON THE EVIDENCE PRESENTED, I'VE FOUND THAT A VIOLATION EXIST AT415 AVENUE A VIRTUAL SCHOOLS OF EXCELLENCE, IS THE TENANT.
I WILL GIVE THEM FIVE DAYS TO COME INTO COMPLIANCE.
THAT'S IN REGARDS TO OBTAINING THE 2020 BUSINESS TAX RECEIPT FOR THE SCHOOL.
IF NOT, THEY WILL BE FINED $100 PER DAY UNTIL THEY COME INTO COMPLIANCE.
AND I WILL ORDER ALL UTILITIES TO THE PREMISES BE SUSPENDED WHILE THE VIOLATION CONTINUES.
[V. 19-3270 BTR 9 E Harbour Isle Drive Apt 106 Treasure Coast Delivery Goods Chad Dawson]
AND THIS IS THE LAST CASE, 5V 19-3270 9 E HARBOR ISLE DRIVE APARTMENT 1 0 6, TREASURE COAST DELIVERY GOODS.YOU MAY PROCEED.THIS IS CASENUMBER 19-3270 E HARBOR ISLE DRIVE.
MURPHY.THE CASE WAS INITIATED DECEMBER 5TH, 2019.
THE PROPERTY WAS FOUND IN VIOLATION OF SECTIONS9-16.
SUBSECTION B. DOING BUSINESS WITHOUT A TAX.
THE CITY OF FORT PIERCE REQUEST THAT IF THE SPECIAL MAGISTRATEFIND THAT A VIOLATION EXISTS. THE VIOLATORS BE GIVEN FIVE DAYS TO COMPLY OR A FINE OF $100 PER DAY BE ASSESSED AND ORDER ALLUTILITIES TO THE PREMISES BE SUSPENDED WHILE THE VIOLATION CONTINUES.
THANK YOU.THERE'S BEEN NO ONE HERE ON BEHALF OF TREASURE COAST DELIVERY GOODS.
I FIND THAT A VIOLATION EXIST AT9 EAST HARBOR ISLE DRIVE APARTMENT 1 0 6 AND THAT THEY ARE RESPONSIBLE FOR THE VIOLATION.
I WILL GIVE THEM FIVE DAYS TO COMPLY WITH REGARDS TO OBTAINING A BUSINESS TAX RECEIPT OR
[02:20:02]
A FINE A $100 PER DAY BE ASSESSEDAND ORDER ALL UTILITIES TO THE PREMISES BE SUSPENDED WHILE THE VIOLATION CONTINUES.THANK YOU YOUR HONOR. YOU'RE WELCOME.
THAT IT?[INAUDIBLE] WILL DO HOW THEY WILL HOW WERE THEY NOTIFY THERE ARE NO OTHER CASES WHERE THE PARTIES ARE NOT PRESENT.
FOR CASES REQUIRING A HEARING PER STATE STATUTE 162-12 A NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNEDSIGNED, IT IS PLACED IN THE FILE.
IF THE GREEN CARD IS RETURNED, UNSIGNED OR UNCLAIMED, AN AFFIDAVIT OF MAILING WITH THE NOTICE OF HEARING ENCLOSED IS SENT TO THE VIOLATOR REGULAR U.S.
MAIL 10 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 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 [INAUDIBLE]THE NOTICE OF 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.
THANK YOU. ANY FURTHER BUSINESS.
THEN WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.