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OK, I'M GONNA CALL TO, UH, ORDER THE SPECIAL MAGISTRATE HEARING FOR THE VILLAGE OF INDIAN TOWN FOR TUESDAY, FEBRUARY, 2224 IF YOU'LL ALL RISE, JOIN ME IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF TWO. FOR WHICH IT ONE NATION. LIBERTY. HEY, BE SEATED. RIGHT SO I'M LOOKING AT THE DOCKET THIS MORNING, AND, UH, WE'VE HAD APPARENTLY REALLY
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Special Magistrate Docket
]GOOD COMPLIANCE. UM. SO ALL OF THE CASES EXCEPT FOR THE SPECIALLY SET CASE. IN THE COMPLIANCE. AND THAT'S CERTAINLY A GOOD THING. THANK YOU VERY MUCH, UM ESPECIALLY SET CASES.CASE NUMBER 22 DASH 061. EDDIE CABRERA AND ADA QUINTERO OR THE A R. THE RESPONDENTS FOR THE PROPERTY AT UM 14798 SOUTHWEST. 170 THIRD AVENUE. AND OFFICER PEREZ. YOU'RE GONNA TESTIFY. IF YOU RAISE YOUR RIGHT HAND, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO RIGHT? AND WHENEVER YOU'RE WE CAN BEGIN. OK, UM. THIS CASE IS, UH, REGARDING IT'S CASE NUMBER 22-061. UM REGARDING THE PROPERTY A T 14798, SOUTHWEST 100 AND 73RD AVENUE. UM, THE CASE. UH, DID COME BEFORE, UH, BUT THIS MAGISTRATE. UM AT OUR LAST HEARING IN JANUARY. UH, WHERE WE. YOU HAD ISSUED A NOTICE OF HEARING. UM IN ORDER TO MOVE FORWARD WITH THE CERTIFICATION OF THE FINE AND, UM SO WE'VE SINCE, UH, WE SERVED THAT NOTICE OF HEARING VIA CERTIFIED MAIL. UM OF WHICH WE DID NOT RETURN. GET OBTAIN A RETURN RECEIPT ON BUT WE ALSO POSTED THE PROPERTY. ON, UH, FEBRUARY 6, AND I'VE, UH. I BELIEVE YOU SHOULD HAVE THOSE ATTACHED IN YOUR PACKET. I HAVE AN AFFIDAVIT OF SERVICE. DOCUMENTING THE SERVICE OF THE NOTICE OF HEARING AS WELL AS A DEPICTION OF THE POSTING. COPY OF THE NOTICE OF HEARING. I'VE GOT AN AFFIDAVIT OF PROPERLY EXECUTED. AND I'VE GOT. A PHOTO SHOWING THE POSTING. YES AND THIS THIS PROPERTY HERE WOULD BE THE FRONT END OF THE RESPONDENTS. UH, RESIDENTS. UM NOW. UM. AT THIS POINT WE HAVEN'T RECEIVED ANY COMMUNICATION FROM THE RESPONDENT. UM AS A MATTER OF FACT, THE LAST COMMUNICATION WE'VE HAD WAS, UH, THROUGH OUR BUILDING DEPARTMENT, WHERE THE RESPONDENT HAD MORE RECENTLY THEY APPLIED. UH, FOR A PERMIT FOR THE INSTALLATION OF A SOLAR PANELS. OF WHICH OUR BUILDING DEPARTMENT HAS SINCE, UH, HELD UP THAT PROCESS IN LIEU OF THIS, UH OF THIS CASE AND HAS, UH, EVEN FORWARDED THEM AN EMAIL. UNFORTUNATELY I DON'T HAVE A COPY OF THAT EMAIL. BUT WE DID FORWARD AN EMAIL, UM TO THE BECAUSE THE APPLICANT THE LISTED APPLICANT WAS NOT EDDIE CABRERA. IT WAS IDA QUINTERO. UM SO IT AN EMAIL WAS SENT FROM OUR BUILDING DEPARTMENT REFERENCING THE, UH, OPEN CASE AND, UM AND THEIR NEED TO FOLLOW UP WITH CO COMPLIANCE.
UM AND WE HAVEN'T RECEIVED ANY COMMUNICATION. SINCE THEN. UM I HAVE BEEN IN CONTACT WITH MS MARIA PEREZ. UM, THE COMPLAINANT IN THIS CASE. AND SHE WAS, YOU KNOW, ASSURED THAT WE WOULD BE MOVING FORWARD AT THIS POINT WITH, UH, LEVYING A FINE FOR FAILING TO COMPLY WITH THE ORIGINAL ORDER THAT THE ORIGINAL FINAL ORDER YOU HAD, UH GENERATED THE FINAL ORDER.
LOOKING THROUGH. UH, THE FILE WAS ACTUALLY. UH, ISSUED A YEAR AGO. YES, SIR. JANUARY. 17TH 2023 AND, UM IT. CALLED FOR A FINE IN THE AMOUNT OF $50 PER DAY. AND, UM. IS IT YOUR TESTIMONY THAT DURING THAT? ENSUING YEAR AND A MONTH NOW. THAT, UM. THAT THIS PROPERTY NEVER REALLY CAME INTO FULL COMPLIANCE. YES, SIR. YEAH, THEY'RE THEY'RE AND IF I REMEMBER CORRECTLY, THERE WAS PARTIAL COMPLIANCE. IS THAT CORRECT? THERE THERE WAS THERE WAS, UM HE DID MOVE THE RESPONDENT. UH, MISTER CABRERA DID. MOVE A PORTION OF THE
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FENCE. UM, WHICH WOULD HAVE BEEN YOU KNOW, THE PORTION THAT WAS RELOCATED WOULD HAVE BEEN ON THE FURTHEST UH, WOULD BE THE NORTHWEST. CORNER OF HIS LOT. UM BUT IT DIDN'T. IT DID STILL DID NOT FULFILL THE, UH THE REQUIREMENTS BECAUSE. THE PORTION THAT WAS MOVED IN, DID NOT, UH, MATCH UP WITH THE PROPERTY LINES OF MISS MARIA PEREZ. SO THERE WAS STILL ABOUT GIVE OR TAKE. IT COULD HAVE BEEN ABOUT 64 TO 6 FT. THAT HE STILL NEEDS TO MOVE IN IN ORDER TO BE CONSISTENT WITH THE REQUIREMENTS OF THE ORDER. OK, AND ISN'T IT ALSO TRUE THAT, UM, YOU ADVISED HIM OF THAT DISCREPANCY? YES, AND THAT HE'S AWARE OF IT. YES, SIR. UM. ANYTHING FURTHER. YOU NEED TO TELL ME ABOUT THE SITUATION ON THE PROPERTY. UM. N. NOTHING ELSE. UH, THEY'RE THEY'RE. UNFORTUNATELY THEY'RE JUST HASN'T BEEN THE COMPLIANCE THAT WE WERE, UM IN NEED OF, UM AND REQUIRING UNDER THE FINAL ORDER THAT WAS ISSUED UM, AS YOU STATED A YEAR AND A HALF AGO, UM THE COMPLIANCE, ACCORDING TO THE ORDER WAS WARRANTED. HONORED BEFORE THE DATE OF APRIL 21ST OF 2023. AND I'M GATHERING WE WOULD HAVE TO. MAYBE TAKE A MINUTE HERE TO CALCULATE THE EXACT AMOUNT OF DAYS. UM. THAT, UH, WE HAVE BEEN IN NON COMPLIANCE AT THIS POINT. ALL RIGHT. I OK, SO YOU HAVE NOT ALREADY CALCULATED THOSE? I HAVE NOT. UNFORTUNATELY. MAYBE WE'LL.RECESS FOR A FEW MINUTES AND LET YOU YOU GO AHEAD AND DO THAT. ALRIGHT, SO WE'LL SEND A RECESS FOR FIVE MINUTES OR THEREABOUTS. UNTIL, UM SO YOU'VE HAD AN OPPORTUNITY TO CALCULATE. THANK YOU, SIR. SO JUST, UM, WHILE WHILE YOU'RE DOING THAT. IT'S ALSO CORRECT THAT IT. IF IT WAS TO BE COMPLIED WITH HONOR BEFORE APRIL 21ST 2023 FINE ACTUALLY STARTS APRIL SECOND OK? THAT NUMBER OF DAYS FROM THE 22ND. OF APRIL. 2023 UNTIL AND INCLUDING TODAY SO IT'S THROUGH. FEBRUARY.
2024. WHETHER YOU'VE GOT A. ONE OF THOSE PROGRAMS, THE 3 304. 304. YEAH, I THINK THE FINITE I HAD ESTABLISHED WAS, UM. WAS $50 A DAY, ACCORDING TO YES, SIR. AND I GUESS THE QUESTION ON MY MIND AND FOR I'M LOOKING OUT AT HE MUST. B HAS JOINED US, BUT, UM NEITHER OF THE RESPONDENTS ARE HERE. UM I'M WONDERING WHETHER THERE'S ANY ANY MITIGATION THERE AT ALL THAT I SHOULD CONSIDER. UM THERE WAS PARTIAL COMPLIANCE AND SO PERHAPS THAT THAT DOES COUNT FOR SOMETHING, BUT I DON'T HAVE CALCULATOR. WITH ME. WHAT. THE FOR THE GRAND TOTAL OF $50 A DAY TIMES 304 DAYS WE HAVE 15,200. OKAY WOULD BE 15,200. I'M AND AGAIN I'M I'M STILL. UM OPEN TO ANY MITIGATION, IF THERE IS ANY BUT UH, ARE YOU AWARE OF ANY OTHER THAN THE FACT THAT THERE WAS PARTIAL COMPLIANCE? OTHER THAN THE FACT OF THE PARTIAL COMPLIANCE. I MEAN, AT ONCE. THE RESPONDENT WAS ADVISED THAT UM, THERE WOULD NEED TO BE MORE MODIFICATIONS MADE TO THE FENCE IN ORDER TO FULFILL YOU KNOW THE COMPLIANCE IN, ITS ENTIRETY. UM WAS WHEN I YOU KNOW, AT THAT POINT, HE REFUSED TO COMMUNICATE AND WITH ME. UM AND YOU KNOW, THEREAFTER, UM, OR, UH, YOU
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KNOW, HE HASN'T EXPRESSED ANY ANY MITIGATION OR ANY ANY KIND OF NEED TO OR WANT TO WANNA MITIGATE THE ISSUE OR ANYTHING LIKE THAT, UM, AND. OUTSIDE OF THE PARTIAL COMPLIANCE. WE DON'T HAVE ANY OTHER MITIGATING FACTORS. ALL RIGHT. WELL, UM. THE FACT THAT THEY ARE NOT HERE.EVEN THOUGH THEY HAD PROPER NOTICE. DOES NOT BODE WELL FOR THEM, BUT, UM.
AND LET ME JUST, UH MR PEREZ. WE COME UP TO THE PODIUM JUST FOR A SECOND. I JUST HAVE A QUICK QUESTION FOR YOU. YOU RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH. THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. SO IT BE OK AND YOUR FULL NAME AND YOU ARE THE NEIGHBOR ON THE BACK PROPERTY. UH UH. TO THE RESPONDENTS PROPERTY CORRECT, OK? AND YOU'VE TESTIFIED IN THIS MATTER BEFORE, BUT I JUST I WANT TO ASK ARE YOU AWARE OF ANY ANY MITIGATING CIRCUMSTANCE IN THIS CASE THAT I SHOULD CONSIDER OR ANY AGGRAVATING. CIRCUMSTANCE THAT I SHOULD CONSIDER. NO I DO. RECALL TALKING TO ROBERT. UH, CAN'T REMEMBER THE EXACT DATE AND HE DID MENTION THAT MR P HAS SAID THAT HE WANTED TO DO THINGS PROPER AND THAT HE WAS GONNA GET IT DONE. I THINK BACK IN I DON'T KNOW WHEN AND I TOLD HIM OK, I UNDERSTAND THAT, BUT NOTHING HAS HAPPENED. AND, UM OTHER THAN THAT, I DON'T KNOW ANYTHING ELSE. OKAY? AND, UM NOW, BECAUSE LAST TIME WE WERE HERE, I MEAN OTHER TIMES THAT WE'VE BEEN HERE. HE WAS SUPPOSED TO BEEN FEELING THAT DIRT THAT HASN'T HAPPENED. NOW MY THIRD IS FALLING INTO THAT LITTLE PORTION WHERE HE'S BARELY MOVE THAT FENCE. SO. MY LAND, YOU KNOW, SLIDING DOWN A LITTLE MORE SO I DON'T KNOW. WHEN IS THIS GONNA REALLY BE RESOLVED? AND, UM RIGHT. WELL, THE O THE ORDER THAT I'M, UH BEING FOR OR PREPARED TO ISSUE. UM, DOES GRANT THE VILLAGE. THE AUTHORITY, NOT THE NOT THAT THEY MUST DO IT, BUT IT DOES GRANT THEM AUTHORITY TO ENTER ONTO THE PROPERTY. AND TO MAKE THE CORRECTION. IF THE VILLAGE WANTS TO DO THAT. UM AND THEN CHARGE THE APPROPRIATE LIEN FOR IT. BUT IT DOES NOT REQUIRE THAT OKAY, SO UM ALL RIGHT. THANK YOU. UM PER I KNOW. YOU SAID THAT ONE WAS FROM APRIL 21ST AND THE SECOND UH YES. 22ND AND YOU SAID THE ASSETS WERE $50 PER DAY PER VALUATION. SO HOW MANY VIOLATIONS THERE IS JUST ONE AND THAT'S KIND OF STANDARD LANGUAGE IN THE ORDER. IT'S A VIOLATION OF, UH SECTION 3-4 0.7 FENCES, WALLS AND HEDGES. IT INCLUDES THE. OKAY? THAT ALL RIGHT. ALL RIGHT. UM, ANYTHING ELSE? I GUESS THE ONLY THING I'D LIKE TO ADD, AND I KNOW IT'S NOT OUR DUTY TO FACILITATE MS PEREZ WITH, UH ANY SORT OF LEGAL COUNSEL, BUT THE LAST DIRECTION I GAVE HER WAS THAT SHE MAY SEEK , YOU KNOW HER OWN FORM OF LITIGATION. UM YOU KNOW, III. I WANNA JUST ON BE LET IT BE KNOWN. I KNOW IT'S BEEN A LONG DRAWN OUT PROCESS, AND SHE'S SIMPLY LOOKING FOR SOME SORT OF SOLUTION TO THE ISSUE. AND SO MY THING IS IN THE EVENT THAT ALTHOUGH YOUR ORDER IS GRANTING THE VILLAGE THE AUTHORITY TO ABATE THE NUISANCE AND, UH THIS WOULD NEED TO BE SOMETHING I TAKE UP WITH MY SUPERIORS AS TO HOW AND IF WE WERE TO MOVE FORWARD WITH THAT, BUT WOULD SHE BE IN THE RIGHT TO PURSUE HER OWN FORM OF LITIGATION? UM, IN THIS MATTER AS WELL OUTSIDE OF WHAT WE'VE ALREADY DONE HERE WITH AGAIN WITHOUT GIVING YOU LEGAL ADVICE, I THINK IT'S TOTALLY APPROPRIATE TO A RE YOUR OWN LEGAL COUNSEL AND. AND, UH, FILE ACTIONS AS A MATTER OF FACT, TYPICALLY, AND I THINK I STARTED THIS 11 MONTHS AGO BY SAYING THAT, UM, IN IN MOST OF THESE CASES YEAH, IT'S A, UH, WHERE THERE'S A PROPERTY DISPUTE. A SURVEY LINE IS OFF OR WERE THOUGHT TO BE OF IT USUALLY IS PRIVATE LITIGATION THAT RESOLVES THAT. THE REASON THAT THE VILLAGE IS INVOLVED. IS THE FACT THAT PERMITS WERE ISSUED. UH, A FENCE WAS CONSTRUCTED AND
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VIOLATION OF, UH PERMIT REQUIREMENT. AND SO. YOU KNOW, THAT'S THAT'S HOW THIS THE VILLAGE ACTUALLY GOT FOUND ITSELF INVOLVED IN IN THE BEGINNING. AS A MATTER OF FACT, I'M NOT SURE THAT A PERMIT WAS PROPERLY ISSUED AT THE TIME. BUT IT DOESN'T MATTER WHETHER WHETHER THEY BUILT IT WITHOUT A PERMIT OR WHETHER THEY BUILD IT WITH A PERMIT INCORRECTLY. THAT EXPLAINS HOW THE VILLAGE. BUT A LOT OF THESE SURVEY DISPUTES ARE REALLY PRIVATE MATTERS ANYWAY.THAT'S RIGHT. I THINK, UM IT HAD WENT BACK AND TRIED TO GET A PERMIT WITH YOU GUYS HERE BACK IN SEPTEMBER. FROM WHAT I HAVE. HERE. UM, YES, UM. ALSO I HAVE DONE TWO DIFFERENT SURVEYS AND HAVE HAVE BEEN PAID OUT OF MY POCKET AND IT'S JUST. NOT GOOD. I MEAN, ALL MY LINES HAVE BEEN CORRECTLY. I HAVE THREE DIFFERENT SERVICE, AND THEY ALL SAY THE SAME THING. YEAH. NO I'M I'M AWARE OF THE SITUATION. I REMEMBER ENOUGH OF THE TESTIMONY SO OK, I'M I'M PREPARED TO MOVE FORWARD. AN ISSUE. ORDER. FINE CERTIFICATION AND AUTHORITY TO RELOCATE FENCE AND PAROS AND FORECLOSE THE LIEN. IT'S FOR THE A VIOLATION OF SECTION THREE DASH. 4.7 OF THE VILLAGE LAND DEVELOPMENT REGULATION. AND, UH AND INCLUDES THE. AND TIME PERIOD OF 304 DAYS DOES NOT MEAN THAT IT STOPS TODAY. THIS MEANS, UH, JUST. IT. IT ACKNOWLEDGES THE AMOUNT OF THE FINE UH, CURRENTLY SO. AS OF TODAY, IT'S 304 DAYS. UM. THAT $50 PER DAY FOR A TOTAL FINE IN THE AMOUNT OF 15,200. I'M TAKING YOUR WORD FOR IT BECAUSE I DID NOT DO THE MATH. AND I'M GOING TO, UH, ALSO , UH, ADMIT INTO EVIDENCE. UM, TOWNS, EXHIBIT OR VILLAGES. ON. AND. THREE THAT BEING THE NOTICE OF HEARING THE AFFIDAVIT OF SERVICE AND, UH, PHOTO. DRAWING ON.
YEAH, AND THE FINE CONTINUES DAILY. UM, UNTIL, UH, IT'S BROUGHT INTO COMPLIANCE.
WE'RE ALSO GOING TO A WORD COSTS. UM OF $300. TO UH TO THE VILLAGE FOR THIS HEARING, AND, UH, THE LEAD UP TO IT. I KNOW THAT IT'S AT LEAST THAT MUCH. MHM. AND THAT WILL MAKE THE TOTAL DO AS OF TODAY. UH, 15,500.
OK, SO ORDERED, AND, UH CATCH THESE EXHIBITS AND. THAT'S IT, AND THERE'S NOTHING ELSE FOR DEAL WITH THIS MORNING. NOT TODAY. NO. ALL THIS, UM, ORDER IS APPEALABLE. UM AND UM SO I WOULD I THINK IT'S RIGHT IN THE ORDER. BASICALLY SAYS DON'T DO ANYTHING. REGARDING A PROPERTY FOR 30 DAYS. NO. ONE BUT IT IS, I THINK. YEAH. YES THIS PROVISION SHALL
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BE ENFORCEABLE BY THE VILLAGE NOT EARLIER THAN 30 DAYS FOLLOWING THE RENDERING OF THIS ORDER. CORRECT. ALL RIGHT. THANK YOU. THANK YOU, SIR. THANK YOU ALL VERY MUCH, AND WE WILL SEE YOU. ACTUALLY, I WILL NOT. HERE IN APRIL. UM BUT THE NEXT HEARING WILL BE APRIL 16TH 2020 MARCH. I'M SORRY. MARCH. UH, 19. I DO ANTICIPATE BEING HERE IN MARCH, DO NOT BEING HERE IN APRIL. SO I'LL I'LL TALK TO MAGISTRATE WILLIAMS ABOUT ABOUT THE APRIL ANYTHING. ALL GOOD.THANK YOU. WE'LL SEE YOU ALL IN MARCH. THANK YOU. THANK YOU, MADAM CLERK.
* This transcript was compiled from uncorrected Closed Captioning.