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Minutes for Special Magistrate Hearing

MINUTES OF A REGULAR MEETING OF THE SPECIAL MAGISTRATE OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 9:00 A.M. ON WEDNESDAY, NOVEMBER 14, 2018.
 
1.
CALL TO ORDER:
9:10 AM
9:30 AM due to no one being present for Cases 18-2196 and 18-2274 the Police Officers were dismissed.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Heather Debevec
Code Enforcement Officer - Vince Alesi
Animal Control Officer - Kenny Nelson
Animal Control Officer - Barbara (BJ) Gasparre
Fort Pierce Police Officer - Stokes #8652
Fort Pierce Police Officer - Anton #8681
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2163
PAID
 
102 Snd 2St

 
Watts Plastering Inc
ATTN. Pamela J Watts
#6129
Vincent Alesi

 
 
Case Initiated: August 17, 2018 Type of Presentation: Citation
 
VIOLATOR:
Watts Plastering Inc
ATTN. Pamela J Watts
PARKING VIOLATION:

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6129 10-23 Parking Regulation 
 Parked Against Traffic Flow
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
2.
18-2172
Re-scheduled 12/12/18
IRD N/Ave A
 
Bray, Erika Denise
#6133
Vincent Alesi
 
 
Case Initiated: August 18, 2018 Type of Presentation: Citation
 
VIOLATOR:
Erika Denise Bray
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6133 10-23 Parking Regulation 
Parked on Grass
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
3.
18-2213
PAID
Ave A & Indian River Drive
 
Runyon, Amanda Jo
#6144
Vincent Alesi
 
 
Case Initiated: August 24, 2018 Type of Presentation: Citation
 
VIOLATOR:
Amanda Jo Runyon
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6143 10-23 Parking Regulation 
Parked on Grass
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
4.
18-2323
Re-scheduled 12/12/19
100 S 2ndSt
 
Hudson, Stanley
#3855
Vincent Alesi
 
 
Case Initiated:  September 12,2018 Type of Presentation: Citation
 
VIOLATOR:
Stanley Hudson
PARKING VIOLATION
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
3855 10-23 Parking Regulation
     2 Hour Parking
$100.00 x 1 $100.00 $10.00 $18.00 $128.00
 
5.
18-2348
PAID
Orange Ave Lot
 
Osteen, Cooper Alan
#3860
Vincent Alesi
 
 
Case Initiated:  September 14, 2018 Type of Presentation: Citation
 
VIOLATOR:
Cooper Alan Osteen
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
3860 10-23 Parking Regulation
     2 Hour Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
6.
18-2357
PAID
127 N 2nd St
 
EAN HOLDINGS, LLC
#3864
Vincent Alesi
 
 
Case Initiated: September 18, 2018 Type of Presentation: Citation
 
VIOLATOR:
EAN HOLDINGS, LLC
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3864 10-23 Parking Regulation 
     Blocking Crosswalk
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
7.
18-2372
PAID
131B N 2nd St
 
Brown, Venus Maria
#3870
Vincent Alesi
 
 
Case Initiated: September 19, 2018 Type of Presentation: Citation
 
VIOLATOR:
Venus Maria Brown
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3870 10-23 Parking Regulation 
       2 Hour Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
8.
18-2374
PAID
124 N 2nd St
 
Linton, Kenyetta Shavene
#3872
Vincent Alesi
 
 
Case Initiated: September 19, 2018 Type of Presentation: Citation
 
VIOLATOR:
Kenyetta Shavene Linton
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3872 10-23 Parking Regulation 
      2 Hour Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
9.
18-1343
PAID
1230 Seaway Dr Daniels, Jeremiah
#519AC
Kenny Nelson
 
Case Initiated: June 8, 2018 Type of Presentation: Citation
 
VIOLATOR:
Jeremiah Daniels
VIOLATION:
 Citation 519AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
519AC 4-24 Animal Neglect 1 @ $250.00 $250.00 $00.00 $5.00 $255.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-2196 1000 Treasure Cay Lubin, Kimberry
#1907
#8652 Stokes

Case Initiated: August 18, 2018 Type of Presentation: Citation

VIOLATOR:
Kimberry Lubin
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1907 10-23 Parking Regulation
 Parked in handicap spot
1 @ $250.00 $250.00 $10.00 $18.00 $278.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $250.00 plus $10.00 administrative fees and $18.00 late fee or a total of $278.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
B.
18-2274
 
Jaycee Park
 
Boatwright-Gamble
#1977
#8681 Anton
 

Case Initiated: August 25, 2018 Type of Presentation: Citation

VIOLATOR:
Tracy Boatwright-Gamble
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1977 10-23 Parking Regulation
 Illegal parking (not in a spot)
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
C.
18-2125
 
Orange Ave Lot
 
Henry, John Wayne
#7530
Vincent Alesi
 

Case Initiated: August 10, 2018 Type of Presentation: Citation

VIOLATOR:
John Wayne Henry
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7530 10-23 Parking Regulation 
       2 HR Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
D.
18-2170
 
Ave A & IRD
 
Prevalon, Schneider
#6131
Vincent Alesi
 
 
Case Initiated: August 18, 2018 Type of Presentation: Citation
 
VIOLATOR:
Schneider Prevalon
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6131 10-23 Parking Regulation  
Parked on Grass
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
E.
18-2174
Appeal
Ave A & IRD Windisch, David
#6135
Vincent Alesi
 
Case Initiated: August 18, 2018 Type of Presentation: Citation Appeal
 
VIOLATOR:
David Windisch
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6135 Appeal 10-23 Parking Regulation
 Parked on Grass
1 @ $50.00 $50.00 $10.00   $60.00
Code Enforcement Officer Alesi read the facts of the case and presented photos marked as exhibit 1. He was parked on the grassy section between the sidewalk and parking lot and it was damaging the city right of way.

David Windisch was sworn in.  He agreed he was parked there but it was not posted.  He had no knowledge he was disobeying  the ordinance. He thought it was a private lot. He has parked there before and because this was during the farmer's market people park where ever they can find a spot.  He said there were no signs saying private lot, don't park on right of way, or overfilled lot; park in another area.  He said this is an ongoing issue because there is not enough parking spaces on Saturday mornings. He was there several weeks later and he observed other cars parked there but didn't see any tickets being issued.

Code Compliance Manager Arraiz said that was irrelevant. The City marks where you can park, not where you can't park.  However, there is an ordinance that says you can't park on sidewalks or right of ways.

Code Officer Alesi showed photo of the parking lot where he was parked saying this was a city right-of-way. 

Mrs. Arraiz said there are signs at both entrances of the lot and asked for an order to be issued. 

After the order had been issued and at the end of the hearing Mr. Windisch reappeared and asked if he could speak.  Being given permission he said he had returned to the parking lot area and said Staff's photos were wrong.  Before he could continue the Special Magistrate said she had listened to his testimony and issued her order.  If he wanted to go further with this matter he would have to appeal to the Circuit Court.
 

The Special Magistrate denied the appeal and found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 as indicated plus the administrative charges of $10.00 and waived the $18.00 late fee for a total amount due of $60.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
F.
18-2211
 
116 N 2nd Street
 
Muise, Beryl Iris
#6143
Vincent Alesi
 

Case Initiated: August 22, 2018 Type of Presentation: Citation

VIOLATOR:
Beryl Iris Muise
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6143 10-23 Parking Regulation 
          2 Hour Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
G.
18-2215
 
Orange Ave Lot
 
Dickerson, Jessi Annmarie
#6145
Vincent Alesi
 
 
Case Initiated: August 24, 2018 Type of Presentation: Citation
 
VIOLATOR:
Jessi Annmarie Dickerson
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6145 10-23 Parking Regulation 
2 Hour Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
H.
18-2366
 
117 Atlantic Ave
 
Summers, Tina Rochelle
#3866
Vincent Alesi
 
 
Case Initiated: September 19, 2018 Type of Presentation: Citation
 
VIOLATOR:
Tina Rochelle Summers
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3866 10-23 Parking Regulation 
        2 Hour Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
I.
18-2375
 
130 N 2nd St
 
Willems, Colton Kristofer
#3873
Vincent Alesi
 
 
Case Initiated: September 19, 2018 Type of Presentation: Citation
 
VIOLATOR:
Colton Kristofer Willems
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3873 10-23 Parking Regulation 
        2 Hour Parking
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
J.
18-2267
Appeal
135 N 2nd St Rule, Joyce
#7537
Vincent Alesi
 
Case Initiated: September 4, 2018 Type of Presentation: Citation
 
VIOLATOR:
Joyce Rule
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7537 10-23 Parking Regulation
2 Hr Parking
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees or a total of $60.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
K.
18-143 1100 Block Rosedale Patrick, Erin
#454
 BJ Gasparre
 
Case Initiated: February 27, 2018 Type of Presentation: Citation
 
VIOLATOR:
Erin Patrick
VIOLATION:
Unlawful Killing
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC
Surcharge
Total Due
454 AC  4-25 Unlawful Killing  1 @ $100.00 $100.00 $.00 $5.00 $105.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $100.00 plus $5.00 administrative fees and or a total of $105.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
L.
18-0416  414 Dundas Ct Stovall, Cedric
#455AC
BJ Gasparre
 
Case Initiated: March 30, 2018 Type of Presentation: Citation
 
VIOLATOR:
Cedric Stovall
VIOLATION:
 Citation 455AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
455 AC 4-22 (5) Tethering 1 @ $100.00 $100.00 $00.00 $5.00 $105.00
Animal Control Officer Gasparre read the facts of the case.  She stated 2 of the dogs had been turned in and one was now in a pen.  She said Mr. Stovall was now in compliance.

Code Manager Arraiz asked that the Special Magistrate issue an R&D order.

Mr. Stovall stipulated he understood what this was.
 

The Special Magistrate found that the violation 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.

 
M.
18-0166 2008 Avenue G Owens, Katie
#461AC
BJ Gasparre
 
Case Initiated: June 9, 2018 Type of Presentation: Citation
 
VIOLATOR:
Katie Owens
VIOLATION:
 Citation 461AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
461AC 4-50 Registration Required 1 @ $250.00 $250.00 $00.00 $5.00 $255.00
Animal Control Officer Gasparre read the facts of the case.  She said Ms. Owens had agreed to get Romo neutered and registered.  She recommended continuing the case for 30 days.

Katie Owens stipulated that she understood the recommendation and agreed to get the voucher the City provides to get Romo sterialized.
 

Special Magistrate continued this case for 30 days to allow the animal owner to get the dog sterialized and registered.

 
N.
18-15 907 Avenue I Shivers, Willie & Lesesne, Gloria
#502 & 503
 K. Nelson
 
Case Initiated: January 30, 2018 Type of Presentation: Citation
 
VIOLATOR:
Willie Shivers & Gloria Lesesne
VIOLATION:
 City Registration & Rabies Vaccination Required
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
502 AC 4-27 Rabies Vaccination 5 @ $100.00 $500.00 $5.00 $.00 $500.00
503 AC 4-50 City Registration 5 @ $150.00 $750.00 $5.00 $.00 $750.00
 Animal Control Officer Nelson read the facts of the case.  He said the first citation was now in compliance and he had 2 dogs that were steralized.  They need to get their rabies and registration up to date but did need more time.  He recommended giving him 2 months to get this done.

Willie Shivers thanked the officer and Special Magistrate and said he appreciated the extra time.
 

Citation #502: The Special Magistrate found that the violation 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.

Citation #503: The Special Magistrate continued the case for two months so animal owner could complete the registration.

 
O.
18-1498  428 N 20th St, Unit A Hudson, Ashlae
#521AC
Kenny Nelson
 
Case Initiated: July 27, 2018 Type of Presentation: Citation
 
VIOLATOR:
Ashlae Hudson
VIOLATION:
Citation 521 AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
521 AC 4-50 City Registration Required (2) 2 @ $250.00 $500.00 $00.00 $5.00 $505.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation $250.00 plus $5.00 administrative fees and or a total of $255.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
P.
18-1851
 
110 South Ocean Drive
 
Beachfront Inn
#621CE
Heather Debevec
 
 
Case Initiated: | July 7,2018 Type of Presentation: Citation
 
OWNER:
Fort Pierce Inlet Beach Resort LLC
%Causeway Cove Marina LLC
601 Seaway Dr
Ft. Pierce, FL 34949 
VIOLATOR:
Beachfront Inn
110 S Ocean Dr.
Ft. Pierce, FL 34949
 
REGISTERED AGENT ( Beachfront Inn):
Costas Manouselis
1311 S Mirimar Ave
Indialantic, FL 32903
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
 621CE 5-375(B) Sea Turtle Lighting 1 @ $100.00 $100.00 $10.00 $110.00
Code Enforcement Officer Debevec read the facts of the case.  She said in July she had spoke to a lady at the hotel about the lighting.  She presented photos and a survey from the Ecological Services that were marked exhibits 1 and 2.

Harold Smyth was sworn in.  He was representing the new management of the hotel.  It's new name was Rum Fish.  When the new owner  took over it was in the transition period the issue about the lights were cited.  There were some discrepancies and they found on further checking the lights were from the Oculina Bank parking lots. 

Officer Debevec said the survey shows where the lights are located.  Mr. Smyth presented photos showing the lights were not out of compliance.  If you are on the dunes they cannot be seen by the ocean.  He said you couldn't see the lights from there. He said he has been in touch with Florida Wildlife about turtle compliance and his understanding that they were in compliance.

Code Compliance Manager Arraiz said the wattage was the main problem.  The lights were too bright.  They needed to use a lower wattage or a different color.  She said the City was aware of the new ownership and they wanted to work with them.  She recommended holding the case in abeyance until the next turtle season.

Mr. Smyth said he appreciated that and they would change the color and wattage and make other changes that may be necessary.
 

The Special Magistrate continued this case until the next turtle season.

 
Q.
18-2169 2802 Orange Avenue Raines, Robin Heather Debevec
 
Case Initiated: |August 18 ,2018 Type of Presentation: Citation
 
VIOLATOR:
Robin Raines
555 Fairways Dr
Ocala, FL 34472
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
18-2169  9-80 Street Vendor – Permit Required 1 @ $50.00 $50.00 $10.00 $60.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit.
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 would 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.

 
R.
18-0699 1005 N 7th, Apt D Heavlow, Christina
#531AC
 BJ Gasparre
 
Case Initiated: July 26, 2018 Type of Presentation: Citation
 
VIOLATOR:
Christina Heavlow
VIOLATION:
Citation 531AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
531 AC 4-50 Registration Required (2) 2 @ $250.00 $500.00 $00.00 $5.00 $505.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 in the City’s Affidavit. It was ordered that they pay the amount on the citation 2 @ $250.00 plus $5.00 administrative fees and or a total of $505.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
18-0818
MASSEY
1014 Avenue H Tomjack Investments Heather Debevec

Case Initiated:  March 16, 2018 Type of Presentation: MASSEY

REGISTERED  ADDRESS FOR OWNER:
Tom Jaln Investments LLC
1201 S Ocean Drive 2006S
Hollywood, FL 33019
 
OTHER ADDRESSES:
TomJack Investments LLC
C/O Jack Arias
30-A Cove Overlook Drive
 Hendersonville, NC 28739

IPMC 304.2 - Protective Treatment
IPMC 302.7 - Accessoy Structure
Code Compliance Manager Arraiz read the facts of the case and reviewed the three (3) criteria. She said all original notices were returned and when Staff learned of a new address they sent a copy to it.  

Ignacio Torres was sworn is.  He said Mr. Arias was 81 years old and when he moved to North Carolina he failed to change his address.  He did not receive any notices from the City until he got the one in October.  On receipt he asked for a hearing and requested the magistrate waive the fines

The Special Magistrate asked if this was a rental property and he said yes, it was a single family dwelling.  Mrs. Arraiz said as of October 23 the Property Appraiser listing is still for the Hollywood address. She said Staff would agreed to reduce the fines to $500.00.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $4,930.00 to $500.00 payable in 30 days. If not paid within this time period the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.

 
B.
16-1443
MASSEY
2510 S Ocean Drive Aljen Inc. Shaun Coss

Case Initiated:  June 9, 2016 Type of Presentation: Massey Hearing

OWNER:
Aljen Inc.
1424 SE McArthur Blvd.
Stuart, FL 34996
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Section(s): 5.1.105.4.1.2 Expired Permit
Code Compliance Manager Arraiz read the facts of the case and reviewed the three (3) criteria.  She said she had spoke to Mr. Smythe prior and they were in agreement to reduce the fines to $750.00 payable in 30 days.

Mr. Smyth said he was representing Aljin also and stipulated to the reduction staing the property should be sold soon. 
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $2,040.00 to $750.00 payable in 30 days. If not paid within this time period the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS:
Code Compliance Manager Arraiz asked that the order be changed to a default judgement order. She also said the citation postings as of the next hearing date will be posted in the lobby of City Hall as well as being certified mail. She also said due to the Building Department having there own hearing date now, the Code Department will be going back to two hearing dates in 2019 and scheduled based on the holidays.
 
10.
OLD BUSINESS
Adjourned 10:00 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk