tag:blogger.com,1999:blog-4770595862576973621.post1639427970919101054..comments2023-07-10T05:22:02.242-04:00Comments on North Bay Village Reality Based Community: North Bay Village Is Now a Red Light DistrictNorth Bay Village Reality Basehttp://www.blogger.com/profile/08400076444761668683noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4770595862576973621.post-84837053349507231772010-03-02T10:24:05.010-05:002010-03-02T10:24:05.010-05:00According to Lt. McVay the witness is the reviewin...According to Lt. McVay the witness is the reviewing officer. Similar to other code infractions, parking dumping, ect. video evidence is generally acceptable in lieu of eyewitness testimony... LETS ADD IF IT IS THE SAME OFFICER TAKING THE VIDEO AND HE/SHE SWEARS UNDER OATH THAT THIS IS WHAT HE/SHE SAW AT THE EXACT DATE AND TIME IT OCCURED. Usually the Code Officer that takes a photo or video of the illegal parking, dumping, ect. is the same person (witness) who took the video/photo and who is standing in the Hearing UNDER OATH swearing to the fact that this is what they observed on the date and time it happend, NOT AFTER THE FACT and NOT BEING THE PERSON WHO TOOK THE VIDEO. There is a very fine line here and I am expecting to see challenges to this in court very shortly.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4770595862576973621.post-43563148373964384292010-03-02T10:19:10.592-05:002010-03-02T10:19:10.592-05:00Its a civil infraction-NOT A CODE infraction or vi...Its a civil infraction-NOT A CODE infraction or violation. I stand by original comments, if its under Code Enforcement they are still violating a persons (violators) right to due process under Florida Statute Chapter 162 that the violator has the right to cross-examine a witness. The witness is only observing what he/she sees via a video. Yes, video can be used to show if there is or is not a violation but there is still a question of the legality of the "witness" as in this case, the witness is not even the same person taking the video to show whether there is a violation or not. Whatever the case may be, I am sure one day soon someone in NBV will challenge it in court and then there will be a ruling such as the one in Aventura. Also, in most instances in Code Enforcement, the Code Officer submitting photos and or video as evidence in a Code Enforcement Hearing has to sign, and date and swear under oath that this is a clear and accurate dipiction of what he/she observed on that date at that time. A witness cannot do that if they are not the one taking the video or photo and that video they are watching was taken at a different time and location as the person viewing it. Again, this is opinion and question of legality, nothing set in stone here.Anonymousnoreply@blogger.com