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Magistrate upholds citation but waives late fee in Fort Pierce vehicle-marking dispute
Summary
A Fort Pierce special magistrate found a vehicle-marking violation at 1901 Rio Vista Drive but waived the late fee after the owner covered the markings; the owner had argued the vehicle's registered weight put it below the commercial-vehicle threshold and alleged selective enforcement.
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Special Magistrate Jamie Barrow on April 15 sustained a city citation for permanent vehicle markings at 1901 Rio Vista Drive but reduced the respondent's immediate cost by waiving the late fee, setting the payable amount at $60.
Heather De Bebek, a City of Fort Pierce code-enforcement officer, testified that she issued a citation on Jan. 13 for lettering that met the municipal definition of a commercial vehicle when letters are permanent and at least three inches high. The city introduced dated photographs and the citation (city's composite 1). Respondent Rick Kolchinski identified himself as the owner and submitted a vehicle registration showing the manufacturer's listed weight; he argued the registration listed a weight under the city's commercial-vehicle threshold and said other vehicles in his South Beach neighborhood with similar lettering had not been cited, calling the action selective enforcement.
Barrow told Kolchinski the court had no proof other vehicles had been cited or not and that his claim of selective enforcement did not alter the evidence in this case. The magistrate acknowledged Kolchinski's action to cover the lettering and, in recognition of that remedial step, waived the $18 late fee and set the total due at $60 to be paid in 15 days; the owner has 30 days to appeal the order.
Kolchinski described the hearing as "a kangaroo court" in his remarks after the order, asserting the process was a "money grab." The magistrate closed the matter after entering the order.
