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 TUESDAY, FEBRUARY 19, 2019
1.
CALL TO ORDER
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
SHAUN COSS
PAUL JULIN
WILL CARBONELL
SHAUN COSS
PAUL JULIN
WILL CARBONELL
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
4.
PUBLIC HEARINGS - CITATIONS
5.
PUBLIC HEARINGS - VIOLATION CASES
A.
| 17-2775 | 1708 N 19th Street | Morgan, Shawn | Shaun Coss |
| Case Initiated: | August 9, 2018 | Type of Presentation: | Regular |
| OWNER: Shawn Morgan 2406 N 43rd Street Ft. Pierce, FL 34946 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Mr. Coss presents the facts of the case. Mr. Morgan responds that permits were pulled for demo & some electrical work. The Special Magristrate suggests tabling the case so that Mr. Morgan can speak to Mr. Coss.
B.
| 17-2927 | 1305 Florida Avenue | Gustavo Di Cio, Gabriel | Shaun Coss |
| Case Initiated: | June 8, 2018 | Type of Presentation: | Regular |
| OWNER: Gabriel Gustavo Di Cio 1305 Florida Avenue Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required, IPMC 108.1.4 Unlawful Structure, IPMC 506.2 Sanitary Drainage System Maintenance, IPMC 605.1 Electrical Equipment, IPMC 704.2.1 Smoke Alarms
Mr. Coss presents the facts of the case. Adrianna Gonzalez is present to represent the owner who lives in Argentina. The Special Magistrate asks if she is familiar with the violations. Ms. Gonzalez says that these problems with the house were there when the owner bought it. She is shown the corrective actions necessary to comply. She explains that the back structure has been removed. The Special Magistrate explains that the City will have to inspect to verify. Mr. Coss interjects that there is much more to the violations than just that. He explains that the original violation was sent to Ms. Gonzalez as she was the previous owner. A subsequent notice was sent to the current owner, when it was discovered that the property had changed hands. Ms. Gonzalez explains that the owner doesn't live there and that she just received the notice. The Special Magistrate lets her know that the homeowner is responsible. Ms. Gonzalez asks what is the solution. The Special Magistrate responds that a permit pulled by a licensed contractor is required.
Mr. Coss recommends that 60 day be provided to obtain a permit or fines may begin to accrue. The Special Magistrate adopts this recommendation.
Mr. Coss recommends that 60 day be provided to obtain a permit or fines may begin to accrue. The Special Magistrate adopts this recommendation.
C.
| 18-403 | 1230 Easter Avenue | Deleon, Jose R. | Shaun Coss |
| Case Initiated: | August 9, 2018 | Type of Presentation: | Regular |
| OWNER: Jose R Deleon 1230 Easter Avenue Ft Pierce. FL 34950 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Mr. Coss presents the facts of the case. The owner, Mr. De Leon, is present. He explains that he has attempted to get a permit, but it was rejected. He started working with a contractor who asked for a survey. He had to order a survey and that is taking time. He asks for extra time for this. The Special Magistrate points out that the case began back in August 2018, 6 months ago. He asked for extra time to get everything necessary for a permit. Special Magistrate orders that the owner has 60 days to get a permit, or fines may accrue.
D.
| 18-1310 | 127 Westglen Drive | IPO Realty Inc. | Shaun Coss |
| Case Initiated: | April 25, 2018 | Type of Presentation: | Regular |
| OWNER: IPO Realty Inc. 7251 W Palmetto Park Rd., Suite 20 Boca Raton, FL 33433 |
REG. AGENT: Alan Berger 120 E Oakland Park Blvd., Suite 105 Ft. Lauderdale, FL 33334 |
IPMC 304.13.2 Openable Windows, IPMC 305.3 Interior Surfaces, IPMC 504.1 Plumbing Fixtures, IPMC 605.1 Electrical Equipment
This case was complied before the Hearing.
E.
| 18-1311 | 129 Westglen Drive | M Dada Investments LLC | Shaun Coss |
| Case Initiated: | April 25, 2018 | Type of Presentation: | Regular |
| OWNER: M Dada Investments LLC 110 NE 175th Street N. Miami, FL 33162 |
REG. AGENT: Michel Alexandre 110 NE 175th Street N. Miami, FL 33162 |
IPMC 305.3 Interior Surfaces, IPMC 603.1 Mechanical Equipment, IPMC 605.1 Electrical Equipment, IPMC 704.202 Smoke Alarms
Case complied before the hearing.
F.
| 18-1511 | 3403-3405 West Lake Dr | Leslie, Agnes J. | Paul Julin |
| Case Initiated: | May 24, 2018 | Type of Presentation: | Regular |
| OWNER: Agnes J. Leslie 3403 West Lake Drive Ft. Pierce, FL 34982 |
OCCUPIED BY: |
IPMC 304.1 Exterior Structure, IPMC 304.7 Roofs & Drainage, IPMC 305.3 Interior Surfaces, IPMC 603.1 Mechanical Equipment
This case was complied before the hearing.
G.
| 18-1638 | 507 N 23rd Street | Ft Pierce Empire 1 Holdings | Paul Julin |
| Case Initiated: | June 14, 2018 | Type of Presentation: | Regular |
| OWNER: Ft Pierce Empire 1 Holdings 1792 Bell Tower Weston, FL 33326 |
REG. AGENT: KSDT & Company 9300 S Dadeland Blvd Suite 600 Miami, FL 33156 |
IPMC 305.3 Interior Surfaces, IMPC 309.1 Infestation
Owner was not present for the Hearing. Special Magistrate ordered that a violation exists and provides 60 days to obtain permitting or cure violations or fines may begin to accrue.
H.
| 18-1683 | 1119 Avenue F Unit B | James, Leona | Paul Julin |
| Case Initiated: | November 7, 2018 | Type of Presentation: | Regular |
| OWNER: Leona James 2268 SW Newport Isles Blvd. Port St. Lucie, FL 34953 |
OCCUPIED BY: |
IPMC 309.1 Infestation, IPMC 506.2 Sanitary Drainage System Maintenance
This case was complied.
I.
| 18-1903 | 517 S 8th Street | David Medina | Paul Julin |
| Case Initiated: | July 11, 2018 | Type of Presentation: | Regular |
| OWNER: David Medina 517 S 8th Street Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Mr. Julin presents the facts of the case. The owner, Mr. Medina is present. He asks what he has to do, if it can stay or if it has to be taken out. Mr. Julin explains that it needs to be properly tied down. Mr. Medina explains that his wife provided him with the paperwork for the the Chickee Hut. Mr. Coss explains that the hut is certified as a Chickee Hut, which makes it exempt from requiring a permit per Florida State Statute. The shed is in compliance. Special Magistrate begins with the order when Mr. Medina asks for an interpreter. Special Magistrate starts the case over with Mr. Carbonell interpreting. The Special Magistrate explains that the Chickee Hut is no longer an issue before her. With regard to the paver deck, since the concrete was removed around it she found that a violation did exist but has come into compliance. The Special Magistrate suggests that Mr. Medina speaks to Mr. Julin along with an interpreter for any further instruction.
J.
| 18-2179 | 519 N 18th Street | Luciano, Isabelly | Paul Julin |
| Case Initiated: | August 20, 2018 | Type of Presentation: | Regular |
| OWNER: Isabelly Luciano 6800 NW 5th Place Miami, FL 33150 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Owner was not present for the Hearing. Special Magistrate ordered that a violation exists and provides 60 days to obtain permitting or cure violations or fines may begin to accrue.
K.
| 18-2180 | 508 N 23rd Street | Fleurant, Francis | Paul Julin |
| Case Initiated: | August 20, 2018 | Type of Presentation: | Regular |
| OWNER: Francis Fleurant 924 Wagner Place Ft. Pierce, FL 34982 |
OCCUPIED BY: |
IPMC 304.13 Windows, Doors & Frames, IPMC 304.14 Insect Screens, IPMC 304.18.1 Building Security – Doors, IPMC 305.3 Interior Surfaces, IPMC 304.7 Roofs and Drainage, IPMC 504.1 Plumbing Fixtures, IPMC 505.3 Water Supply
Mr. Julin explains that he spoke with the owner before the hearing. The owner showed pictures showing that the required work was done. The Special Magistrate states that a violation did exist but has been complied as of this date.
L.
| 18-2269 | 2511 Avenue L | McPherson, Tracy | Shaun Coss for Tim Little |
| Case Initiated: | September 5, 2018 | Type of Presentation: | Regular |
| OWNER: Tracy B. McPherson 4357 SW Calah Circle Port St. Lucie, FL 34953 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Mr. Coss presents the facts of the case. Mr. Coss explains that work has been done without a permit. The owner's husband, Horatio Lews, is present. He explained to Mr. Coss that he is able to hire a contractor but needs additional time to do so. Mr. Coss's recommendation is to provide 60 days to obtain a permit or fines may begin to accrue. The Special Magistrate did find that a violation does exist, and provided 60 days to obtain a permit or fines may begin to accrue.
M.
| 18-2361 | 1405 N 15th Street | Mathieu, Josette | Will Carbonell |
| Case Initiated: | September 20, 2018 | Type of Presentation: | Repeat |
| OWNER: Josette Mathieu Marie Joseph 6001 Spruce Drive Ft. Pierce, FL 34982 |
OCCUPIED BY: |
IPMC 504.1 Plumbing Fixtures, IPMC 506.2 Sanitary Drainage System Maintenance, IPMC 304.13.2 Openable Windows, IPMC 304.13 Windows, Doors & Frames, IPMC 304.12 Handrails & Guards, IPMC 605.1 Electrical Equipment, IPMC 305.4 Walking Surfaces, IPMC 305.3 Interior Surfaces
This case required an interpreter. Brenda Josaphat served as the interpreter. Mary Joseph, owner is present. Mr. Carbonell presents the facts of the case. Ms. Joseph interjects that she will fix the handrails. Ms. Joseph explains that the tenants that were there previously did damage the property. In particular they pulled up tile to hide things under the tile. The Special Magistrate asks she has repaired any of the items. The owner responds that the drywall was not damaged but the tile was and she is finding someone who can repair it. Mr. Carbonell explains that a permit will be needed for the sanitary sewer work. The Special Magistrate explains that since Ms. Joseph is a repeat offender she is subject to increased fines. Ms. Joseph explains that the electric has been repaired and that a permit was pulled for that work. She states that there was a plumbing repair also. The Special Magistrate explains that when repairs are made, the Building Department has to be notified. Ms. Joseph explains that she's done a lot of repairs and obtained permits. Special Magistrate responds that there is no record of permits, and until permits are obtained, then the owner is in violation for the repairs done without a permit. Ms. Joseph says that she has made the repairs and that the people she hired were licensed. She didn't know if they got permits but they were licensed. The Special Magistrate explains that there are no permits. Mr. Coss explains that Ms. Joseph was before the Magistrate for separate violations at this same address, those violations required permits and were complied. Ms. Joseph states that she will take care of the violations. The Special Magistrate stresses the need to pull permits and to keep in touch with Mr. Carbonell.
The Special Magistrate finds that the violations do exist and provides 60 days to pull a permit or fines may begin to accrue.
The Special Magistrate finds that the violations do exist and provides 60 days to pull a permit or fines may begin to accrue.
N.
| 18-2365 | 1708 N 19th Street | Morgan, Shawn | Paul Julin |
| Case Initiated: | September 21, 2018 | Type of Presentation: | Regular |
| OWNER: Shawn Morgan 2406 N 43rd Street Ft. Pierce, FL 34946 |
OCCUPIED BY: |
IPMC 605.2 Electrical Receptacles, IPMC 605.1 Electrical Equipment, IPMC 605.3 Interior Surfaces, IPMC 304.13 Windows, Doors & Frames, IPMC 304.14 Insect Screens, IPMC 304.6 Exterior Walls
Mr. Coss explains that there are 2 cases for this address. He explains that staff has not had a chance to reinspect the property to see what violations have been addressed. Special Magistrate continued this case to allow staff to reinspect, and allow the owner time to do what he needs to do.
O.
| 18-2419 | 1204 Avenue K | Lee, John (Sr.) | Will Carbonell |
| Case Initiated: | September 27, 2018 | Type of Presentation: | Regular |
| OWNER: John Lee Sr. Beatrice Roberts Albertha Williams 2849 Harson Way Ft Pierce, FL 34946 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Owner was not present for the Hearing. Special Magistrate ordered that a violation exists and provides 60 days to obtain permitting or cure violations or fines may begin to accrue.
P.
| 18-2610 | 210 S 25th Street | R & D Mgmt & Investments Inc. | Will Carbonell |
| Case Initiated: | October 19, 2018 | Type of Presentation: | Regular |
| OWNER: R & D Management & Investments Inc. 1380 SW Village Center Drive 333 Port St. Lucie, FL 34987 |
REG. AGENT: Raymond Reiprecht 1380 SW Village Center Drive 333 Port St. Lucie, FL 34987 |
Section 5-1.105.1 Permit Required
Owner was not present for the Hearing. Special Magistrate ordered that a violation exists and provides 60 days to obtain permitting or cure violations or fines may begin to accrue.
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
8.
OTHER CASES
9.
NEW BUSINESS
10.
OLD BUSINESS
A.
| 17-0894 Ext. of Time |
2504 Avenue G | New Covenant Prayer Center | Shaun Coss |
| Case Initiated: | April 28, 2017 | Type of Presentation: | Ext. of Time |
| OWNER: New Covenant Prayer Center 1304 N 20th Street Ft. Pierce, FL 34950 |
Section(s): 5-1.105.1 Permit Required
Mr. Coss recommends a 90 day extension for the owner to obtain permits, or fines may begin. The Special Magistrate adopts Staff's recommendation.
B.
| 17-2318 | 6780 Samba Street | Kontrath, Ty | Shaun Coss |
| Case Initiated: | November 29,2017 | Type of Presentation: | Regular |
| OWNER: Ty & Shari Kontrath 6780 Samba Street Fort Pierce, FL 34945 |
OCCUPIED BY: |
IPMC 305.3 Interior Surfaces
Shaun Coss presents the facts of the case. Attorney Mica (sp?) representing Quicken Loans present. She states that the Lender is working on getting permits to fix the property (drywall). Mr. Coss suggests a continuance. All parties agree to the continuance.
C.
| 18-1273 | 705 Cedar Pl (503 N 7th St) | Longshoremen's St Lucie Co Inc. | Shaun Coss |
| Case Initiated: | April 19, 2018 | Type of Presentation: | Regular |
| OWNER: Longshoremen's St Lucie Co Inc. 503 N 7th Street Fort Pierce, FL 34950 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
Mr. Coss provided an update for this case and 18-1274. He recommends continuing both cases for 30 days so that the owner's complaint against the contractor can be heard at the Contractor's Licensing Board meeting in March. The Special Magistrate adopts the recommendation of Staff.
D.
| 17-1274 | 710 Avenue D | Longshoremen of SLC Inc. | Shaun Coss |
| Case Initiated: | April 19, 2018 | Type of Presentation: | Regular |
| OWNER: Longshoremen of SLC Inc. 503 N 7th Street Fort Pierce, FL 34950 |
OCCUPIED BY: |
Section 5-1.105.1 - Permit Required
Mr. Coss provided an update for this case and 18-1274. He recommends continuing both cases for 30 days so that the owner's complaint against the contractor can be heard at the Contractor's Licensing Board meeting in March. The Special Magistrate adopts the recommendation of Staff.
E.
| 18-1512 | 1201 Georgia Avenue | Ceren, Norma | Paul Julin |
| Case Initiated: | May 24, 2018 | Type of Presentation: | Regular |
| OWNER: Norma Ceren 1201 Georgia Avenue Ft Pierce, FL 34950 |
OCCUPIED BY: |
Section 5-1.105.1 Permit Required
This case was complied.
F.
| 18-1922 | 2510 Avenue K | Saint Lucie Building Trust LLC | Paul Julin |
| Case Initiated: | July 13, 2018 | Type of Presentation: | Regular |
| OWNER: Saint Lucie Building Trust LLC 710 NE 126th Street Miami, FL 33161 |
OCCUPIED BY: |
IPMC 504.1 Plumbing Fixtures, IPMC 305.3 Interior Surfaces
This case was complied.
Respectfully submitted:
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