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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, DECEMBER 12, 2018.
 
1.
CALL TO ORDER: 9:15 AM
 
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 - BJ Gasparre
Animal Control Officer - Richardo Pellot
Building Department Investigator - Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2492
Parking - CM
Coconut Drive Park Iverson, Charles & Elizabeth
#1981
#8681 N Anton
 
Case Initiated: September 28, 2018 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Charles & Elizabeth Iverson
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1981 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
18-2394
Parking - CM
S/S Marina Way & IRD
 
Sanasotta, Jeremy Allen
#3877
Vincent Alesi
 
 
Case Initiated: September 22, 2018 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Jeremy Allen Sansotta
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3877 10-23 Parking Regulation 
      Parked on Grass
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
3.
18-2323
Parking  - CM
100 S 2ndSt
 
Hudson, Stanley
#3855
Vincent Alesi
 
 
Case Initiated:  September 12,2018 Type of Presentation: Citation - COMPLIED
 
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
 
4.
18-2462
Parking - CM
124 N 2nd Street Johnson, Terri Erianne Lynn
#3880
Vincent Alesi
 
Case Initiated: September 28, 2018 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Terri Lynn Erianne Johnson
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3880 10-23 Parking Regulation 
      Blocking Crosswalk
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
5.
18-2048
AC - CONT.
809 S Lake Dr Lucas, Christina
#523 & #525
Kenny Nelson
 
Case Initiated: August 7, 2018 Type of Presentation: Citation - CONTINUED
 
VIOLATOR:
Christina Lucas
VIOLATION:
 #523 & #525
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
523 4-27 No Rabies Vaccination 1 @ $100.00 $100.00 $00.00 $5.00 $105.00
525 4-50 No City Registration 1 @ $250.00 $250.00 $00.00 $5.00 $255.00
 
6.
18-2365
AC - CM
435 N 20th St Brown, Martin Luther
#551, #553 & #554
Kenny Nelson
 
Case Initiated: September 6, 2018 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Martin Luther Brown
VIOLATION:
 #551, #553 & #554
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
551 4-27 No Rabies Vaccination  5 @ $100.00 $500.00 $00.00 $5.00 $505.00
553 4-50 No Registration 5 @ $250.00 $1,250.00 $00.00 $5.00 $1,255.00
554 4-24 No Tethering 5 @ $100.00 $500.00 $00.00 $5.00 $505.00
 
7.
18-0166
AC - CONT.
2008 Avenue G
 
Owens, Katie
#461AC
BJ Gasparre
 
 
Case Initiated: June 9, 2018 Type of Presentation: Citation - CONTINUED
 
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
 
8.
18-2496
CE - COMPLIED
1003 N 22nd St  Goyens, Kenneth R Isaac Saucedo
 
Case Initiated:  October 3, 2018 Type of Presentation: Regular
 
OWNER:
KENNETH R GOYENS
PO BOX 4103
TAMPA, FL 33677
OCCUPIED BY:
TENANT
1003 N 22ND ST
FORT PIERCE, FL 34950

IPMC 304.13 Window, skylight and door frames
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 11-30 – Refrigerator/Ice Box Safety
 
9.
18-2890 AA
RESCHEDULED
3104 Avenue J Boys & Girls Clubs Cynthia Ricker
 
Case Initiated: October 18, 2018 Type of Presentation: Alarm Appeal
 
APPELLATE:
Boys & Girls Clubs
Susanne Patterson
3104 Avenue J
Fort Pierce, FL  34947
 
 
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
10/18/2017 14-24 – Excessive false alarm signals Commercial 0 0
10/18/2017 14-24 – Excessive false alarm signals Commercial 1 $100.00
10/25/2017 14-24 – Excessive false alarm signals Commercial 2 $200.00
11/8/2017 14-24 – Excessive false alarm signals Commercial 3 $400.00
11/9/2017 14-24 – Excessive false alarm signals Commercial 4 $500.00
11/19/2017 14-24 – Excessive false alarm signals Commercial 5 $500.00
11/27/2017 14-24 – Excessive false alarm signals Commercial 6 $500.00
1/4/2018 14-24 – Excessive false alarm signals Commercial 7 $500.00
1/21/2018 14-24 – Excessive false alarm signals Commercial 8 $500.00
2/16/2018 14-24 – Excessive false alarm signals Commercial 9 $500.00
5/25/2018 14-24 – Excessive false alarm signals Commercial 10 $500.00
5/25/2018 14-24 – Excessive false alarm signals Commercial 11 $500.00
7/7/2018 14-24 – Excessive false alarm signals Commercial 12 $500.00
7/23/2018 14-24 – Excessive false alarm signals Commercial 13 $500.00
7/29/2018 14-24 – Excessive false alarm signals Commercial 14 $500.00
8/15/2018 14-24 – Excessive false alarm signals Commercial 15 $500.00
8/28/2018 14-24 – Excessive false alarm signals Commercial 16 $500.00
9/18/2018 14-24 – Excessive false alarm signals Commercial 17 $500.00
9/18/2018 14-24 – Excessive false alarm signals Commercial 18 $500.00
10/2/2018 14-24 – Excessive false alarm signals Commercial 19 $500.00
10/11/2018 14-24 – Excessive false alarm signals Commercial 20 $500.00
10/13/2018 14-24 – Excessive false alarm signals Commercial 21 $500.00
10/15/2018 14-24 – Excessive false alarm signals Commercial 22 $500.00
11/5/2018 14-24 – Excessive false alarm signals Commercial 23 $500.00
11/5/2018 14-24 – Excessive false alarm signals Commercial 24 $500.00
11/16/2018 14-24 – Excessive false alarm signals Commercial 25 $500.00
  Total False Alarm Fines   26 $11,700.00
 
10.
18-2669
Alarm Appeal
RESCHEDULED
720 S US HWY 1 Roys Liquors Cynthia Ricker
 
Case Initiated: September 5, 2018 Type of Presentation: Alarm Appeal
 
APPELLATE:
ROYS LIQUORS
720 S US HWY 1
FORT PIERCE, FL 34950

 
 
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 7/27/2018 14-24 – Excessive false alarm signals  Commercial 4 $400.00
  Grand Total of Fines      $400.00
 
11.
18-2889 AA
RESCHEDULED
3104 Avenue K Boys & Girls Clubs  Cynthia Ricker
 
Case Initiated: October 18, 2018 Type of Presentation:  Alarm Appeal
 
APPELLATE:
Boys & Girls Clubs
Susanne Patterson
3104 Avenue J
Fort Pierce, FL  34947
 
 
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
1/7/2018 14-24 – Excessive false alarm signals   Commercial 0 0
1/13/2018 14-24 – Excessive false alarm signals   Commercial 1 $100.00
1/31/2018 14-24 – Excessive false alarm signals   Commercial 2 $200.00
4/11/2018 14-24 – Excessive false alarm signals   Commercial 3 $400.00
4/13/2018 14-24 – Excessive false alarm signals   Commercial 4 $500.00
5/17/2018 14-24 – Excessive false alarm signals  Commercial 5 $500.00
5/17/2018 14-24 – Excessive false alarm signals  Commercial 6 $500.00
6/12/2018 14-24 – Excessive false alarm signals  Commercial 7 $500.00
6/23/2018 14-24 – Excessive false alarm signals  Commercial 8 $500.00
6/25/2018 14-24 – Excessive false alarm signals  Commercial 9 $500.00
7/3/2018 14-24 – Excessive false alarm signals  Commercial 10 $500.00
7/4/2018 14-24 – Excessive false alarm signals  Commercial 11 $500.00
7/16/2018 14-24 – Excessive false alarm signals  Commercial 12 $500.00
9/14/2018 14-24 – Excessive false alarm signals  Commercial 13 $500.00
11/6/2018 14-24 – Excessive false alarm signals  Commercial 14 $500.00
11/27/2018 14-24 – Excessive false alarm signals  Commercial 15 $500.00
  Total False Alarm Fines   16 $6,700.00
Date of Alarm       Total Due
1/7/2018 Unregistered Permit Surcharge Commercial 1 $50.00
1/13/2018 Unregistered Permit Surcharge Commercial 2 $50.00
1/31/2018 Unregistered Permit Surcharge Commercial 3 $50.00
4/11/2018 Unregistered Permit Surcharge Commercial 4 $50.00
4/13/2018 Unregistered Permit Surcharge Commercial 5 $50.00
5/17/2018 Unregistered Permit Surcharge Commercial 6 $50.00
5/17/2018 Unregistered Permit Surcharge Commercial 7 $50.00
6/12/2018 Unregistered Permit Surcharge Commercial 8 $50.00
6/23/2018 Unregistered Permit Surcharge Commercial 9 $50.00
6/25/2018 Unregistered Permit Surcharge Commercial 10 $50.00
7/3/2018 Unregistered Permit Surcharge Commercial 11 $50.00
7/4/2018 Unregistered Permit Surcharge Commercial 12 $50.00
7/16/2018 Unregistered Permit Surcharge Commercial 13 $50.00
  Total Surcharge Fines   13 $650.00
  Grand Total of Fines $7,350.00 Paid $450.00 Bal. $6,900.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-2391
Parking
Melody Lane
 
Pauline Jr, Louis Anthony
#3875
Vincent Alesi
 
 
Case Initiated: September 22, 2018 Type of Presentation: Citation
 
VIOLATOR:
Louis Anthony Pauline Jr
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3875 10-23 Parking Regulation 
 Parked on Sidewalk
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 failed 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.

 
B.
18-2463
Parking
212 N 2nd Street Cook, Mark William
#3881
Vincent Alesi
 
Case Initiated: September 28, 2018 Type of Presentation: Citation
 
VIOLATOR:
Mark William Cook
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3881 10-23 Parking Regulation 
Parked Opposite Traffic Flow
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 failed 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.
18-2485
Parking
S/S Marina Way & IRD Barton, Michael Ryan
#3891
Vincent Alesi
 
Case Initiated: September 29, 2018 Type of Presentation: Citation
 
VIOLATOR:
Michael Ryan Barton
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3891 10-23 Parking Regulation 
Parked on City ROW (Grass)
1 @$50.00 $50.00 $10.00 $18.00 $78.00
Code Enforcement Officer Alesi read the facts of the case and presented photos that were marked as Exhibit 1.

Michael Barton was sworn in.  He said he saw no signs for parking on grass and that it's a very common practice to do.  He was at the "Bacon Fest" and cars were parked every where.  

Code Compliance Manager Arraiz said there is an ordinance and he was required to obey that ordinance.
 

The Special Magistrate 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 imposed the $18.00 late fee for a total amount due of $78.00 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 char

 
D.
18-2486
Parking
Opposite Cobb’s Landing, Marina Way Green, Cerise Chanel Faith
#3892
Vincent Alesi
 
Case Initiated: September 29, 2018 Type of Presentation: Citation
 
VIOLATOR:
Cerise Chanel Faith Green
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 3892 10-23 Parking Regulation 
Parked Opposite Traffic Flow
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 failed 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.
18-2528
Parking
207 Ave A (Marina Way) Ferrell, Paul Edward
#6457
Vincent Alesi
 
Case Initiated: October 6, 2018 Type of Presentation: Citation
 
VIOLATOR:
Paul Edward Ferrell
Melissa Marie Ferrell
PARKING VIOLATION:

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6457 10-23(K) Parking Regulation 
 Freight Load Zone
  $50.00 / 1   $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 failed 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.

 
F.
18-305
AC
2306 Avenue N Buford, Terry
#539, 540, 541
BJ Gasparre
 
Case Initiated: August 29, 2018 Type of Presentation: Citation
 
VIOLATOR:
Terry Buford
VIOLATION:
 Citation 539, 540 & 541
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
539 4-27 No Rabies Vaccination 1 @ $100.00 $100.00 $00.00 $5.00 $105.00
540 4-50 No City Registration 1 @ $250.00 $250.00 $00.00 $5.00 $255.00
541 4-24 No Tethering 1 @ $100.00 $100.00 $00.00 $5.00 $105.00
Animal Control Officer BJ Gasparre read the facts of the case.  She said the violations were on a dog named Sir and they were still active.  She checked today and the dog is still tethered.

Terry Buford was sworn in for testimony.  He said the dog was tethered to the wash room for his protection.  He also said he did his own shots in South Carolina but didn't keep the papers.

Officer Gasparre said the city's main goal is to have compliance and protect the animal.  The City can provide vouchers for getting his dog sterialized but if he didn't want to do that he still needed to get him registered and show proof of vaccination.

He said he didn't want to have him sterialized, the landlord won't let him build a pen; so he will get rid of the dog.
 
 

The Special Magistrate found violation(s) do exist and the violator(s) are ordered to pay the amount on the citation numbers as follows; unless the violation(s) are brought into compliance prior to the expiration date.

Citation #539 - $100.00 plus the AC Surcharge $5.00 for a total of $105.00. Payable in 30 days.
Citation #540 - $250.00 plus the AC Surcharge $5.00 for a total of $255.00. Payable in 30 days.
Citation #541 - $100.00 plus the AC Surcharge $5.00 for a total of $105.00. Payable in 60 days.
The total amount due is $465.00

Failure to pay the total amount prior to the expiration date(s) will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.




 
G.
18-2310
AC
432 N 17th St Johnson, Jameca
#547 & #548
BJ Gasparre
 
Case Initiated: September 6, 2018 Type of Presentation: Citation
 
VIOLATOR:
Jameca Johnson
VIOLATION:
 #547 & #548
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
547 4-24 No Tethering 2 @ $100.00 $200.00 $00.00 $5.00 $205.00
548 4-24 No Crating 2 @ $100.00 $200.00 $00.00 $5.00 $205.00
Animal Control Officer BJ Gasparre read the facts of the case.  She said they were using a wire kennel cage for the kitten and puppy and when approached she was told to stay off of the property.  She said Miss Betty signed the citation and went into compliance for the tethering.  Miss Johnson did not.  The pit is off of the property now and Blackie is not tethered at this time.

Jameca Johnson and Betty Johnson were sworn in for testimony.  Jameca said the dog is Miss Betty's and the kitten and puppy are her sisters.  She said the animals are not on the property now.  After she couldn't find another home for them she turned them loose.  As far as she knew, they got hit by a car and were dead. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation numbers listed as follows unless the violations are brought into compliance within the time period issued.

Citation #548 - $100.00 plus an AC surcharge of $5.00 for a total of $105.00 payable in 30 days. She waived the second count for this citation. 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 imposed.

The Special Magistrate found that the violation did exist for Citation #547, 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.

 
H.
18-91
AC
431 N 26th St Benjamin, William
#579
Ricardo Pellot
 
Case Initiated: July 27, 2018 Type of Presentation: Citation
 
VIOLATOR:
William Benjamin
VIOLATION:
 #579
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
579 4-50 No Registration  1 @ $250.00 $250.00 $00.00 $5.00 $255.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
I.
18-413
AC
1606 Citrus Ave Rouse, Jermaine
#577 & #578
Ricardo Pellot
 
Case Initiated: July 26, 2018 Type of Presentation: Citation
 
VIOLATOR:
Jermaine Rouse
VIOLATION:
 #577 & 578
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
577  4-27 No Rabies Vaccination 3 @ $100.00 $300.00 $.00 $.00 $300.00
578 4-50 No Registration 3 @ $250.00 $750.00 $.00 $.00 $750.00
  TOTAL         $1050.00
Animal Control Officer Pellot read the facts of the case.  He said the dogs are still tied.  They have had no contact with Mr. Rouse.  They have spoke to the grandmother about getting the dogs sterialized.  She said no to getting them sterialized.

Jermaine Rouse was sworn in.  He said they have had 4 deaths in the family and this has affected his responsibilities to the dogs.  

Officer Pellot told him if he got the dogs sterialized the registration would only be $30.00; otherwise it's $75.00 a dog.  He explained about the city's free program for having this procedure done.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed as follows:

Citation #577 - 3 @ $100.00 for a total of $300.00.
Citation #578 - 3 @ $250.00 for a total of $750.00.
Total amount due in 30 days $1,050.00 unless the violations are brought into compliance prior to the extermination date.

Failure to pay the total amount prior to the expiration date will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
J.
18-995
AC
2807 Dunbar St Benjamin, Calvin Tyrone
#580 & #581
Ricardo Pellot
 
Case Initiated: July 27, 2018 Type of Presentation: Citation
 
VIOLATOR:
Calvin Tyrone Benjamin
VIOLATION:
 #580 & #581
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
580 4-50 No Registration 1 @ $250.00 $250.00 $00.00 $5.00 $255.00
581 4-24 No Tethering 1 @ $100.00 $100.00 $00.00 $5.00 $105.00
Animal Control Officer Pellot read the facts of the case.  He said this is the second offense.  He and Officer Gasparre spoke with Mr. Benjamin giving him suggestions on how to fix the violations.  On checking today, the 2 dogs are still tied out.  They have no rabies and no registration to the city.

Officer Gasparre stated that they have had numerous calls about the dogs and all 3 animal control officers have been dispatched there many times with the same issues.  He has started with building a pen but it still needs a roof and a door.  The City has offered help with the registration and rabies if he gets the dogs sterialized; but he doesn't want to do that.

Code Compliance Manager Arraiz informed him that if he was not going to get the dogs sterialized he would need separate pens as one is a male and one is a female and if kept together accidents do happen.
 
Calvin Tyrone Benjamin was sworn in.  He said he fills the water bowls but the dogs turn it over.  He started to build a pen but now he has to secure it.  He has to have separate pens so there is no breeding.  He does not want to get them fixed because he has heard that creates health problems.  He said he would get the rabies at Tractor Supply and asked for additional time to get the registrations.  City was agreeable to 30 days.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed as follows;

Citation #580 - $250.00 plus an AC surcharge of $5.00 for a total of $255.00.
Citation #581 - $100.00 plus an AC surcharge of $5.00 for a total of $105.00.
The total amount due within 30 days is $360.00 unless brought into compliance prior to the expiration date.

Failure to pay the total amount prior to the expiration date will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
a.
18-2534
CE
355 South Ocean Drive T-601 Jones, Barbara Heather Debevec
 
Case Initiated: | October 6, 2018 Type of Presentation: Regular
 
OWNER:
Barbara Jones
2021 Red Fox Way
Augusta, GA 30907 
 

Section(s): 9-25 Proof of Business Activiity; Burden of Proof on Applicant
Section(s): 9-27 (B) Doing Business without a Tax
 

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.

 
b.
18-2539
CE
1550 South Ocean Drive B-12 Alfonso (TR), Elaine Heather Debevec

Case Initiated: | October 6, 2018 Type of Presentation: Regular

OWNER:
Elaine Alfonso (TR)
1717 E Geddes Ave
Centennial, CO 80122 
 

Section 9-25. - Proof of business activity; burden of proof on applicant.
Section 9-27(B) - Doing Business Without a Tax
 

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.

 
c.
18-2541
CE
1630 Seaway Drive Unit 201 Hogan, David & Lori Heather Debevec

Case Initiated: |October 6,2018 Type of Presentation: Regular

OWNER:
David & Lori Hogan
40 Harvest Way
Little Egg Harbor, NJ 08087 
 

Section 9-25 - Proof of Business Activity; Burden of proof on Applicant
Section 9-27(B) - Doing Business without a Tax
 

Special Magistrate found the violators who are not present are deemed to have admitted guilt and that David and Lori Hogan have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $2,040.00 is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated. She ordered that after the 30- day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.

 
d.
18-2542
CE
1630 Seaway Drive Unit 307 Foltz, Bruce & Terry  Heather Debevec

Case Initiated: | October 6,2018 Type of Presentation: Regular

OWNER:
Bruce & Terry Foltz
953 Pike Dr
Mansfield, OH 44903 
 

Section 9-25 - Proof of Business Activity; Burden of Proof on Applicant
Section 9-27(B) - Doing Business without a Tax
 

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.

 
e.
18-2616
CE
516 North 11th Street George (EST), Odessa Heather Debevec

Case Initiated: | October 19,2018 Type of Presentation: Regular

OWNER:
Odessa George (EST)
906 N 20th St
Ft. Pierce, FL 34950 
TENANT:
Andre Voltaire
516 N 11th St
Ft. Pierce, FL 34950

IPMC 304.7 - Roofs and Drainage
IPMC 304.2 Protective Treatment
Section 16-25 (C) - Responsibility for Containers
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage Indoor Furniture
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  

Linda Culbert, the property owner's daughter was sworn in.  She said the tenant was responsible for the outside storage of indoor furniture and was taking care of that problem. She said her husband had done some work on the roof and didn't see any leaks now.  She asked for more time to bring the rest of the violations into compliance.
 

After hearing the testimony the Special Magistrate continued this case for 30 days.

 
f.
18-2588
CE
527 North 11th Street Harrell, Gloria Heather Debevec

Case Initiated: | October 17,2018 Type of Presentation: Regular

OWNER:
Gloria Harrell
1103 Kingswood Ln
Ft. Pierce, FL 34982 
 

Section 5-1.104.5 Unsafe Building ( Covered Windows)
IPMC 304.2 Protective Treatment
IPMC 304.1 Exterior Structure - General
Code Compliance Manager Arraiz read the facts of the case.  She stated the property was in probate and should have a new owner by the end of January.  She said section 5-1.104.5 was in compliance.

Donald Tolbert was sworn in and agreed that the property was in probate.
 

After considering the testimony of Mrs. Arraiz, the Special Magistrate dismissed this case.

 
g.
18-2605
CE
528 North 11th Street Cruickshank, Cephus Heather Debevec

Case Initiated: | October 18,2018 Type of Presentation: Regular

OWNER:
Cephus Cruickshank
2312 N 44th St
Ft. Pierce, FL 34946 
 

Section 5-1.104.5 Unsafe Building (covered windows)
IPMC 304.2 Protective Treatment
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
h.
18-2590
CE
529 North 11th Street Parker, Donnie Heather Debevec

Case Initiated: | October 17,2018 Type of Presentation: Regular

OWNER:
Donnie Parker
529 N 11th St
Ft. Pierce, FL 34950 
 

IPMC 304.1- Exterior Structure - General
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 5-370 - Exterior Property and Landscaping
IPMC 304.2 - Protective Treatment
Section 5-1.104.5- Unsafe Building ( Covered Windows)
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
i.
18-2488
CE
702 North 15th Street B and B Business Management Service Inc Heather Debevec

Case Initiated: | October 2, 2018 Type of Presentation: Regular

OWNER:
B and B Management Services Inc
1216 York Ave #B
Ft. Pierce, FL 34950 
REGISTERED AGENT:
Brenda Paulin'Williams
1216 York Ave Suite B
Ft. Pierce, FL 34982

IPMC 304.7 Roofs and Drainage
IPMC 304.2 Protective Treatment
Code Enforcement Officer Debevec read the facts of the case and provided photos which were marked as Exhibit 1.  She said some work has been done.  She asked Building Department Investigator Coss to confirm the permit.

Brenda Williams and Miguel Montes were sworn in for testimony.  She said she was going through a hostile divorce and the property is now in her name.  She asked for more time to bring the property into compliance.
 

After hearing testimony the Special Magistrate continued this case for 30 days.

 
j.
18-2530
CE
421 North 2nd Street AABAA International Inc Heather Debevec

Case Initiated: | October 6, 2018 Type of Presentation: Regular

OWNER:
AABAA International Inc
PO Box 812079
Boca Raton, FL 33481 
REGESTERED AGENT:
Cormac Conahan Esq
170 SW 11th Ct
Boca Raton, FL 33486
EMAIL:
Donna Benton
donna.coastalliving@gmail.com
 

Section 9-25- Proof of Business Activity; Burden of Proof on Applicant
Section 9-27(B) - Doing Business without a Tax
 

Special Magistrate found the violators who are not present are deemed to have admitted guilt and that AABAA International Inc has conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $3,000.00 is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated. She ordered that after the 30- day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.

 
k.
18-2635
CE
1202 Avnue G Randolph, Julia Heather Debevec

Case Initiated: |October 20,2018 Type of Presentation: Regular

OWNER:
Julia Randolph
1712 Avenue O
Ft. Pierce, FL 34950 
TENANT:
Johnnie Bouie
1202 Avenue G
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48(1)(5)- Outside Storage
IPMC 304.2 - Protective Treatment
IPMC 304.1- Exterior Structure General
Section 5-370 - Exterior Property and Landscaping
 


For IPMC 304.1the Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

For Section 16-46, 16-47, 16-48 (1) (5), IPMC 304.2, Section 5-370 the Special Magistrate found that the violation(s) 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
a.
18-1017
Massey
306 N 14th Street Otani, Alan & Gayle Heather Debevec

Case Initiated:  April 4, 2018 Type of Presentation: Massey

OWNER:
Alan & Gayle Otani
12441 Barbara Avenue
Los Angeles, CA 90066

 

Section(s): 5-1.104.5 - Unsafe Building (Covered Windows)
IPMC 304.2 - Protective Treatment
Code Compliance Manger Arraiz read the facts of the case and the 3 criteria for making a Rule 16 consideration.

Eva Mendosa from Coldwell Banker was sworn in.  She asked that the fines be waived as she was unaware of the violations.  Mrs. Arraiz agreed to reduce the fines to the administrative fees that came to $852.50 payable in 30 days.

Ms. Mendosa was in agreement with this.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $1,140.00 to $852.50 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.
16-2209
Massey
715 Citrus Avenue Lakram, Roshini Shaun Coss

Case Initiated:  September 19, 2016 Type of Presentation: Massey

OWNER:
Roshini Lakram
5235 NW Jake Court
Port St. Lucie, FL 34986
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.2.1 Smoke Alarms
Building Department Investigator Coss read the facts of the case and went over the 3 criteria required for determining a fines reduction.  He said Staff would be in agreement to a reduction of $1,000.00 for administrative fees.

Andrew Kissoon who represented the owner was sworn in and was in agreement with this reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $29,140.00 to $1,000.00 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.

 
c.
17-1167
Massey
1506 Avenue I Bain, Eurilla Shaun Coss

Case Initiated:  June 5, 2017 Type of Presentation: Massey 

OWNER:
Eurila Bain
1506 Avenue I
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and presented the 3 criteria required to determine a fines reduction or rescindment.

Eurilla Bain was sworn in.  She said the fines started accruing after she was awarded a SHIP grant.  

Investigtor Coss said there was a mixup with the extention, the approval for a grant from SHIP, and the fines starting.  Staff was not informed that the grant was awarded, the extension time expired and the fines were started. The approval by SHIP was on March 22.  It takes 60 to 90 days to go through the bid process and although approved, they may not get the money.  Staff was in agreement 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 $6,230.00 to $100.00 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
 
a.
17-0605
Lien Red.
1208 N 20th St JBM Properties Shaun Coss

Case Initiated:  March 27, 2017 Type of Presentation: Lien Reduction

OWNER:
JBM Properties LLC
Attn. Yarron Benmoshe, Reg. Agent
5525 Collins Avenue, Unit 1111
Miami Beach, FL 33140
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and the 7 criteria required to making a lien reduction/rescindment to recommend to the City Commission for approval.  He said Staff would be in agreement to reduce the lien to $1,000.00 and it would include the City Commission's administrative fee payable in 30 days.

John Benmoshe was sworn in for testimony.  He agreed to the reduction of $1,000.00.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $32,240.00 to $1,000.00 that would include the City Commission's administrative fee of $250.00 and payable in 30 days. If not paid within that time the lien would revert back to its original amount.

 
8.
OTHER CASES
 
9.
NEW BUSINESS:
Senior Assistant City Attorney Mosley asked the Special Magistrate to add to her order for violators not present this statement "those violators not present were properly notified and failed to appear; therefore a default summery judgement is ordered".
 
10.
OLD BUSINESS
Meeting Adjourned: 11:00 AM

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk