Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 9133 on January 9, 2021 and that the photos she took were time stamped and fairly and accurately depicted the violation.  After showing the photos to respondent, Assistant City Attorney Earley requested the photos be admitted as City's composite 1 and they were.  Officer Debevec said she was parked in one of the boat and trailer spaces.

Elaine Gallagher was sworn in.  She presented photos which were admitted as Respondent's exhibit 1.  She just recently moved here.  When she went to the park it was very windy and not many people were there.  She didn't see the sign saying no parking, but she did look to see if it said handicap.

Code Compliance Manager Arraiz said the signs are marked on the pavement.

The Special Magistrate finds that a violation does exist and that Elaine Gallagher is ordered to pay the amount on the citation $50.00 within 45 days. Failure to pay the total amount within 45 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

Code Officer Saucedo read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Saucedo confirmed that he initiated Case # 20-1688 on October 28, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation. After showing the property owner the photos,  Assistant City Attorney Earley requested the photos be admitted as City's composite 1 and they were.  

Jaime R Chavez was sworn in.  He confirmed he saw the photos and said he cleaned up the property this morning.  

Code Officer Saucedo asked that they continue the case so he could go out and inspect.

The Special Magistrate continued this case until March 3, 2021.

John Prickett attended by telephone. He was sworn in by the Clerk.

Code Officer Dawson read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he initiated Case # 20-1890 on August 25, 2020.  The photos he took were time stamped and fairly and accurately depicted the violation, however, the property owner has not seen the photos, so they were not entered as City's evidence.  City got a notice that the structure was going to be torn down, so staff removed all the violations except the removal of the signs.

Code Compliance Manager Arraiz said he just needed to take down the old signs and install a blank sign face to bring the property into compliance.

Mr. Prickett said he did not understand what the City was asking for, but said he could take care of the signs.

The Special Magistrate found that the violation listed on the summary sheet does exist and that Pricket Partners LLLP has committed or is responsible for the violation. She ordered that the violator has 30 days in which to comply with the City Code of Ordinances. In the event the violation is not cured or complied within the time given, a fine of $150.00 per day will be assessed for each day the violation continues past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

Code Officer Dawson read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he initiated Case #20-1728 on August 11, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation. After showing the photos to the respondent, Assistant City Attorney Earley requested the photos be admitted as City's 1 composite A & B and they were admitted. 

Angelere Jean-Gilles was sworn in.  She said she received the letter, she stopped parking on the grass and will fix everything else.  She did not contact the code officer.  

Officer Dawson confirmed there was two notices sent.  One for the car parked on the grass, the other one for parking over the sidewalk.  This could be why she is confused about the problems.

The Special Magistrate found that Section(s) 34-35 (s) and 24-19 did exist but has been cured as of the date of this hearing. The violators shall be warned that if these violations re-occur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.

She instructed her to stay in touch with the code officer.

Code Enforcement Officer Lewis presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Saucedo confirmed that he initiated Case #20-0362 on February 25, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1 and they were admitted. The respondent was not present.

The Special Magistrate found that a violation does exist and that Gary Wynn (EST) having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City. It is hereby ordered that the Violator be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they will be fined the amount also shown on the summary sheet. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

CASE #20-2764:
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 20-2764 on December 17, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation. After confirming Attorney Gonano has seen the photos,  Assistant City Attorney Earley requested the photos be admitted as City's 1 composite and they were.  

Alexzander Gonano was present representing the property owner.  He asked how the code officer found the violations and she said she was doing paperwork while sitting in her truck across from the cited property and saw the violations.  He asked about the violation and she said she saw old sign posts standing up and imbedded in the ground.  She said it is vacant property and treated it like a dead tree.  He needs to put the sign up between the sign posts.

Assistant City Attorney Earley asked how the property owners were notified and Officer Debevec said they were mailed the notices and City received a formal response in writing asking for the hearing. 

CASE #20-2758
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 20-2758 on December 17, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation. After confirming Attorney Gonano has seen the photos,  Assistant City Attorney Earley requested the photos be admitted as City's 1 composite and they were. She said the property splits with the next property and this case is basically the same as the first case.

Attorney Gonano asked how tall the palms were and Officer Debevec said they are dead palms and the dead palm fronds need to be cleaned up and they need to trim the foilage per CPTED guidelines.

CASE #20-2759:
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 20-2759 on December 17, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation. After confirming Attorney Gonano has seen the photos,  Assistant City Attorney Earley requested the photos be admitted as City's 1 composite and they were.  This property also splits with the east property and the dead palm trees and debris needs to be cleaned up.  She confirmed proper notice was sent and City received the formal request for a hearing.

Attorney Gonano presented some aerial photos of other properties along Indian River Drive with the same kind of violations. They were entered as Defendant's 1 composite.

Richard Barry Reed (Rick Reed) was sworn in.  He said he was one of the owners of the property.  He confirmed he pulled the aerial photos.  He and his partners bought the property about 12 years ago.  Before answering the attorney's questions he reminded the City that he donated the property for the kayak park and has asked for a dumpster for all the trash thrown on this property, which the City hasn't done it.  Assistant City Attorney Earley objected to this information and it was sustained.

Mr. Reed said the weather was bad about a month ago and he took the signs down.  Due to personal issues he hasn't been back to put them up.  He plans to use them to advertise the property.  He was asked about the weeds. He was told he has to have a permit to clean up the coastal line.  He said the property is going to be torn down because he's building condos on it.  He said they keep the property maintained but not as frequently as other properties.  Due to inappropriate comments being made to the Special Magistrate and she instructed the Attorney Ganano to take him out of the room.

After a few minutes Attorney Gonano returned to the chambers and gave his closing argument.  He repeated the sign posts are up and the signs are going to be put back up, the weeds are not an eyesore.  Every other property along Indian River Drive is also eyesores. You have to have permits to cut it down.  It's all a non-issue.  There's no testimony that there were complaints, it was started by the City's own volition.  The lawn is cut and edged.  The dead palm trees are not hurting anyone.  The property is going to be developed and its been in the same situation for a number of years.  The photos don't reflect any trash or garbage on the property.  He and his client find there are no violations and these cases should be dismissed.

Assistant City Attorney Earley said this is not about the neighboring properties; it is about this property.  It does not meet the City's code standards.  They need to place the signs back on the boards and trim the foilage and dead trees.  This does violate the City's code.  She said there is no evidence of any improper animosity and asked that Special Magistrate dismiss or disregard any previous statements about this.

Special Magistrate Ross reviewed what needed to be done for each case. She further ordered that TAI (IRD) LLC is responsible for the violations and that they have 45 days in which to bring the property into compliance for all three (3) cases. If the Respondent fails to correct such violations and remedy such condition within said time period, then, pursuant to §162.09 (1), Fla. Stat., the administration of the City of Fort Pierce, Florida shall be notified of the findings and ruling specified in this Order, and it is recommended that such body make all reasonable repairs at the real property which are required to bring the property into compliance and otherwise abate the serious conditions and to charge the Respondent with the reasonable costs of such repairs.

Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case #20-1345 on June 12, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1 and they were admitted.  This is the second hearing date and the respondent was not present.

The Special Magistrate found that a violation does exist and that Angel Morris having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City. It is hereby ordered that the Violator be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they will be fined the amount also shown on the summary sheet. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case #20-2662 on November 18, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation. After showing the photos to the respondent, Assistant City Attorney Earley requested the photos be admitted as City's 1 composite.  The respondents were not present.

Parks and Grounds Manager Bertram said he has had no contact with the Follanos.

The Special Magistrate found Gerard Follano and Sarah Cleslinski who are not present and having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City, are deemed to have admitted guilt and have cut down trees without a permit. The cut down trees are considered irreversible and irrevocable in nature, and a fine of $250 for the laurel oak and $200 for the 6 coconut palms or a total of $4,200 paid to the City of Fort Pierce Tree Fund shall be assessed.The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.