Skip to main content

AgendaQuick™

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, JANUARY 9, 2019.
 
1.
CALL TO ORDER:
9:15 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer
Charlene Adair - Volunteer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2575
PK    PAID
Jaycee Park PV Holding Corp
#2422
#4919 G Montgomery
 
Case Initiated: October 14, 2018 Type of Presentation: Citation
 
VIOLATOR:
PV Holding Corp
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2422 10-23 Parking Regulation
Parked Improperly
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
18-2580
PK    PAID
Jaycee Park Moreno, Manuel
#2425
#4919 G Montgomery
 
Case Initiated: October 14, 2018 Type of Presentation: Citation
 
VIOLATOR:
Manuel Moreno
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2425 10-23 Parking Regulation
Parked in Trailer Spot
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
3.
18-2560
PK
PAID
Marina Way & Melody Lane

 
Six B Corp DBA Charlie’s Towing
#6462 PK
Vincent Alesi

 
 
Case Initiated: October 13, 2018 Type of Presentation: Citation
 
VIOLATOR:
Six B Corp DBA Charlie’s Towing
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6462PK 10-23 Parking Regulation 
 Parked Opposite Traffic Flow
    $50.00 /1   $50.00 $10.00  $18.00   $78.00
 
4.
18-2691
PK   PAID
210A N 2nd St
 
Walker, Charlene E
#6493
Vincent Alesi
 
 
Case Initiated: | October 26,2018 Type of Presentation: Citation PK
 
VIOLATOR:
Charlene E Walker
 
PARKING VIOLATION:

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6493 10-23 Parking Regulation
2 Hour Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
5.
18-2746
PK   PAID
S/S Atlantic Ave E/of IRD
 
Kirschner, Jonathan Jay
#6306
Vincent Alesi
 
 
Case Initiated: | October 31, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
Jonathan Jay Kirschner
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6306 10-23 Parking Regulation
2 Hour Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
6.
18-2618
PK  PAID
Orange Ave Lot
 
Skiff, Kayla Marie
#6474
Vincent Alesi
 
 
Case Initiated: | October 17,2018 Type of Presentation: Citation PK
 
VIOLATOR:
Kayla Marie Skiff
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6474 10-23 Parking Regulation
 2 Hour Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
7.
18-2749
PK   PAID
Opposite 20 Orange Ave
 
Vinyard, Caroline Tiffany
#6309
Vincent Alesi
 
 
Case Initiated: | October 31,2018 Type of Presentation: Citation PK
 
VIOLATOR:
Caroline Tiffany Vinyard
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6309 10-23 Parking Regulation
2 Hour Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
8.
18-2717
PK   PAID
City Marina N Pier  IRD
 
Cox, Glyvona Rose
#6500
Vincent Alesi
 
 
Case Initiated: | October 30, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
Glyvona Rose Cox
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6500 10-23 Parking Regulation
Restricted Pkg. Permit Required
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
9.
18-2773
PK   PAID
Orange Ave Lot/IRD&Orange Ave
 
Macwatters, Shaun Christopher
#6321
Vincent Alesi
 
 
Case Initiated: | November 6, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
Shaun Christopher Macwatters
Adela Ann Rivas
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6321 10-23 Parking Regulation
 2 Hour Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
10.
18-2780
PK  DISMISSED
Opposite 117 Atlantic Ave
 
Krott, Laura
#6328
Vincent Alesi
 
 
Case Initiated:| November 8, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
Laura Krott
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6328 10-23 Parking Regulation
2 hour parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
11.
18-2731
CE  COMPLIED
507 N 21st ST Hill, Jessie
Dickerson, Herbert &
Mcgill, Ruby
Isaac Saucedo
 
Case Initiated:  October 30, 2018 Type of Presentation:  Regular
 
OWNER:
Jessie Hill, Herbert Dickerson &
Ruby Mcgill
108 N 39th St 
Fort Pierce, Fl 34950
OCCUPIED BY:



 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage

 
 
12.
18-2687
CE cont 30 days
516 Means Court Elbethel Community Development Center Inc Heather Debevec
 
Case Initiated: | October 26, 2018 Type of Presentation: Regular
 
OWNER:
Elbethel Community Development Center Inc
2221 N 53rd St
Ft. Pierce, FL 34946
REGISTERED AGENT:
Clarence Ingram
2221 N 53rd St
Ft. Pierce, FL 34946
TENANT:
Tenant
516 Means Ct A
Ft. Pierce, FL 34946
TENANT:
Tenant
516 Means Ct
Ft. Pierce, FL 34946

Section 16-25 (C) - Responsibility for Containers
IPMC 304.1 - Exterior Structure  - General
IPMC 304.2 - Protective Treatment
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
 
 
13.
18-2871
CE COMPLIED
908 Avenue B Camille, Pierre Heather Debevec
 
Case Initiated: | November 28, 2018 Type of Presentation: Regular
 
OWNER:
Pierre Camille
110 N 11th St
Ft. Pierce, FL 34950
TENANT:
Lindsay Martin
908 Avenue B
Ft. Pierce, FL 34950
VEHICLE OWNER (REQUESTOR OF HEARING):
Michael Pryce
 

Section 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicles
 
14.
18-2006
CE COMPLIED
1907 S 8th St  Alouption, Emilie M            Isaac Saucedo
 
Case Initiated:  February 27, 2018 Type of Presentation: Regular
 
OWNER:
Emilie M Alouption
1907 S 8th St.
Fort Pierce, Fl 34950
 
OCCUPIED BY:
 


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
 
15.
18-2868
AL - COMPLIED
3101 N 27th St New Destiny Family Worship Center Cynthia Ricker
 
Case Initiated: May 17, 2018 Type of Presentation: Alarm Appeal
 
APPELLATE:
New Destiny Family Worship Center
1301 N 27th St
Fort Pierce, FL  34954
 
 
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
10/9/2017 14-24 – Excessive false alarm signals Commercial 0 0
10/11/2017 14-24 – Excessive false alarm signals Commercial 1 $100.00
10/21/2017 14-24 – Excessive false alarm signals Commercial 2 $200.00
11/11/2017 14-24 – Excessive false alarm signals Commercial 3 $400.00
11/29/2017 14-24 – Excessive false alarm signals Commercial 4 $500.00
6/6/2018 14-24 – Excessive false alarm signals Commercial 5 $500.00
  Total False Alarm Fines   6 $1,700.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-2574
PK
Jaycee Park Corral, Joseph
#2421
#4919 G Montgomery

Case Initiated: October 14, 2018 Type of Presentation: Citation

VIOLATOR:
Joseph Corral
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2421 10-23 Parking Regulation
Parked in No Parking Zone
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.

 
D.
18-2585
PK
Jaycee Park Bush, Hannahemma Nichole
#2429
#4919 G Montgomery

Case Initiated: October 14, 2018 Type of Presentation: Citation

VIOLATOR:
Hannahemma Nichole Bush
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2429 10-23 Parking Regulation
Parked in Trailer Space
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.
18-2586
PK
So Causeway Park Drury III, James Harper
#2431
#4919 G Montgomery

Case Initiated: October 14, 2018 Type of Presentation: Citation

VIOLATOR:
James Harper Drury III
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2431 10-23 Parking Regulation
Parked Improperly
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.

 
F.
18-2572
PK
Jaycee Park Peacock, Jowana Marie
#2430
#4919 G Montgomery

Case Initiated: October 14, 2018 Type of Presentation: Citation

VIOLATOR:
Jowana Marie Peacock
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2430 10-23 Parking Regulation
Parked in Trailer Space
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.

 
H.
18-2561
PK
 5100 Okeechobee RD
 
Millen, Reynald
#6463 PK
Vincent Alesi
 
 
Case Initiated: October 13, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
Reynald Millien
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6463PK 10-23(Q) Parking Regulation 
Parked in Handicap Space
    $250.00 /1   $250 $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 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 $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.

 
I.
18-2562
PK
 Marina Way & IRD
 
Greenwood, Victoria Lynne
#6464 
Vincent Alesi
 
 
Case Initiated: October 13, 2018 Type of Presentation: Citation 
 
VIOLATOR:
Victoria Lynne Greenwood
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6464PK 10-23 Parking Regulation 
Parked on Grass
    $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.

 
J.
18-2651
PK
City Marina, N Pier. IRD
 
Mandra, Sallyann
#6480PK
Vincent Alesi
 
 
Case Initiated: | October 20,2018 Type of Presentation: Citation
 
VIOLATOR:
Sallyann Mandra
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6480 10-23 Parking Regulation
Restricted Parking, Permit Required.
$50.00 x 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.

 
K.
18-2615
Parking
Orange Ave Lot/behind 2nd St Bistro
 
Johnson Mirmiran & Thompson Inc.
#6472
Vincent Alesi
 
 
Case Initiated: | October 17,2018 Type of Presentation: Citation PK
 
VIOLATOR:
Johnson Mirmiran & Thompson Inc.
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6472 10-23 Parking Regulation
2 Hour Parking
$50.00 x 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.

 
L.
18-2617
PK
Orange Ave Lot/behind 2nd St Bistro Weiner,Samantha Dawn
 
Vincent Alesi
 
 
Case Initiated: | October 17,2018 Type of Presentation: Citation PK
 
VIOLATOR:
Samantha Dawn Weiner
PARKING VIOLATION:
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6473 10-23 Parking Regulation
2 Hour Parking
$50.00 x 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.

 
Q.
18-2757
PK
City Marina N Pier  IRD
 
Candee, David Beach
#6313
Vincent Alesi
 
 
Case Initiated: | November 3, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
David Beach Candee
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6313 10-23 Parking Regulation
Restricted Pkg. Permit Required
$50.00 x 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.

 
S.
18-2770
PK
Orange Ave Lot/IRD&Orange Ave
 
Bu-Shea Jr, David Brian
#6320
Vincent Alesi
 
 
Case Initiated: | November 6, 2018 Type of Presentation: Citation PK
 
VIOLATOR:
David Brian Bu-Shea Jr.
 
PARKING VIOLATION:
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6320 10-23 Parking Regulation
2 Hour Parking
$50.00 x 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.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
18-2726
CE
435 N 20th St Better Real Estate Solutions LLC Isaac Saucedo

Case Initiated:  October 30, 2018 Type of Presentation:  Regular

OWNER:
Better Real Estate Solutions LLC
303 E Woolbright Rd # 251
Boynton Beach, FL 33435

Spiro Cardaris
303 E Woolbright Road
Suite 251
Boynton Beach, FL 33435
OCCUPIED BY:
Tenant #A
435 N 20th Street
Ft. Pierce, FL 34950

Tenant #B
435 N 20th Street
Ft. Pierce, FL 34950
 

IPMC 304.1 Exterior structure – General
IPMC 304.2 Protective treatment
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage

 
Code Enforcement Officer Saucedo read the facts of the case and presented photos marked as exhibit 1.  

Spiro Cardaris was sworn in for testimony.  He said he tried to work with the tenants but had to evict them.  The trash has been removed and it is just a matter of getting help to take care of the rest of violations.
 

Special Magistrate found that a violation does exist and that Better Real Estate Solutions LLC has committed or is responsible for the violations. She ordered that the violator has 15 days in which to apply for the permit and comply with all conditions of the permit. In the event the violations are not cured or complied within the time period given, a fine of $150.00 per day will be assessed for each day the violation continues past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
C.
18-2508
VR
4230 Gator Trace Ave B Raskin, Larry Isaac Saucedo

Case Initiated:  October 4, 2018 Type of Presentation: Regular 

OWNER:
Larry Raskin
4230 Gator Trace Ave 4B
Fort Pierce, Fl 34982
OCCUPIED BY:
 

 

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

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.
The short term rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $4,650.00 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. If rentals continue without a business tax receipt, all utilities to the property are to be suspended. 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.
18-2544
VR
1706 W Royal Tern Ln Penkada Holdings SFL LLC Isaac Saucedo

Case Initiated:  October 8, 2018 Type of Presentation: Regular 

OWNER:
Penkada Holdings SFL LLC
2331 N State Rd 7 STE 203
Lauderdale Lakes, Fl 33313
 
OCCUPIED BY:
 


 

Sec. 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.
18-2523
CE Appeal
1 TBD Independent Life Insurance Agency Heather Debevec

Case Initiated: October 27, 2018 Type of Presentation: Citation

VIOLATOR:
Independent Life Insurance Agency
SIGN VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due

733
 

15-5 (5)
Signs on Right of Way

12 @ $50.00
 

$600.00
 

$10.00
 

$.00
 

$610.00
 
Code Enforcement Officer Debevec read the facts of the case.  She also presented photos and a map which were marked as Exhibits 1 & 2.  She said Staff was in agreement to reduce the number of signs and amended the charges as 4 signs @ $50.00 plus $10.00 administrative fees or $210.00 payable in 30 days.

Emerson Leger was sworn in.  He disagreed with the reduction.  He said he removed the signs after receiving the warning.  The signs were left on friend's property.  Officer Debevec said she picked up signs throughout the city.

Code Compliance Manager Arraiz said city ordinance allows for signs to be posted on private property but they have to be 25' apart.  That is why she waived 8 of the signs.  However, there were 4 signs picked up in other areas of the city and she was charging $50.00 for each of them.

Special Magistrate Ross asked if he was okay with this after the explanation but he still disagreed.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Independent Life Insurance Agency has committed or is responsible for the violations. She ordered that the violator(s) have 30 days in which to comply with the city code of ordinances and pay a fine of $50.00 for an amended count of 4 signs plus $10.00 administrative fee or a total amount of $210.00. The violator has 30 days in which to pay the fine or the citation will be turned over to the St. Lucie County Court House for collection plus additional charges may be imposed.

 
F.
18-2400
CE
1204 Avenue K Lee Sr, John
Roberts, Beatrice
Williams, Albertha
Heather Debevec

Case Initiated: | September 26, 2018 Type of Presentation: Regular

OWNER:
John Lee Sr
Beatrice Roberts
Albertha Williams
2849 Harson Way
Ft. Pierce, FL 34946 
TENANT:
Christina Garwood
1204 Avenue K
Ft. Pierce, FL 34950

 

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 5-370 - Exterior Property and Landscaping
IPMC 304.2 - Protective Treatment
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  She said Section 5-370 and IPMC 304.2 were in compliance.  The only thing left was 16-46, 16-47, 16-48 (1) (5).

Jannette Lee (Mr. Lee's wife) and Teresa Thomas were sworn in.  Mrs. Lee said John Lee Sr was in a nursing home.  Ms. Thomas is the tenant and she said the violations have been corrected.  Code Officer Debevec said she would meet with them and inspect the property.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that John Lee Sr, Beatrice Roberts, and Albertha Williams have committed or is responsible for the violations. She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time period given, a fine of $50.00 per day will be assessed for each day the violation(s) continue(s) past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
G.
18-2745
CE
670 Hernando Street Titone, Mark Heather Debevec

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

OWNER:
Mark Titone
606 Dahlia Ln
Vero Beach, FL 32960 
 

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
 

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.

 
J.
17-2154
CE
635 North 2nd Street AABAA International Inc Heather Debevec

Case Initiated: |September 20, 2017 Type of Presentation: Regular

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

IPMC 304.2 Protective Treatment
Code Officer Debevec read the facts of the case and presented photos which were marked as Exhibit 1.  She said the damage to this home was due to Hurricane Irma.  They have been working on some of the violations.

Donna Benton was sworn in for testimony.  She said the owner of this property had 11 properties on 2nd Street.  He allows her to use the rent money to make the repairs.  However, there was a lot of damage and a lot of repairs to other properties also. They are all beyond the norm.  Damages include termite, roof repairs or replacements, etc.  The holidays are here now and the tenant doesn't want to close down to paint so he is requesting more time.
 

After hearing the testimony from Code Officer Debevec and Property Representative Benton the Special Magistrate continued this case for 30 days.

 
L.
18-2438
VR
211 Fernandina Street Elguera, Elizabeth Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Regular

OWNER:
Elizabeth Elguera
211 Fernandina St
Ft. Peirce, FL 34949 

 

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.

 
M.
18-2001
CE Cont.
813 South Indian River Drive Wright, John
Wright, Diana
Heather Debevec

Case Initiated: July 24th ,2018 Type of Presentation: Regular

OWNER:
John Wright & Diana Wright
813 S Indian River Dr
Ft. Pierce, Fl 34950
 

Section(s):  9-27 (B) - Doing Business without a Tax
Code Officer Debevec read the facts of the case.  She said the Wrights have been notified several times to stop conducting business from their home or dock and all City parks but they continue to do so.  Their current BTR has specific restrictions on what and where business can be conducted.  A copy of Chapter 22-63 and the current Business Tax Receipt was presented.  The Wrights are conducting a jet ski business at their home and launching from the City parks.  The City is trying to work with them to find a solution.

John and Diana Wright were sworn in.  Mrs. Wright said the original BTR in 2017 placed no restrictions and allowed them to deliver the jet skis to  the City parks;  but, once they started operating the business, there were complaints from other vendors.  When they renewed in 2018 restrictions were placed on what they could and couldn't do.  She presented numerous documents referencing the State of Florida regulating public waters and the "mean high water land".  The jet skis are placed in the water; therefore, there is no ordinance that says they are not allowed to anchor in public water.  She said there is no ordinance for right to access the water in any City park.  She said also she does not believe her business affects the traffic on Indian River Drive .  This is considered a scenic highway and there are over 3,800 vehicles that travel that road in one day.

Code Compliance Manager Arraiz stipulated the ownership and rights of access were correct; however they are operating a business from their home.  

Mrs. Wright said the people pay at their home but the jet skis are launched at Old Fort Park.  The customers park their cars at the park and walk to the jet skis through the water.  They are working within their license. She said they are trying to get a slip at the City Marina.

Mrs. Arraiz said yes, the park is owned by the county, but due to a "park swap" several years before,  the City maintains and operates it and City and County ordinances apply.  She also confirmed that they are trying to get the slip.  Mrs. Wright said there is a process they will have to go through first. They have to have approval from the City; which they are close to getting.  After approval they have to install a floating dock. 
 
Mrs. Arraiz said Staff has been instructed to come up with a "special use permit" to allow businesses to deliver and demonstrate.  They have been working with the Parks Commission.

Special Magistrate Ross asked Charlene Adair if she could give any further information about the permit.  Ms. Adair came forward.  She said she was on the Parks Committee; as well as, a volunteer for the Code Enforcement Department.  She said they were working on the permit.  It would designate available locations and allowed activities.  It's in the works, but has to go through several steps before it can become a City Ordinance.  One of the main things is approval by the City Commission.

Mrs. Arraiz said In the meantime, the City requests they cease and desist all business activity and continue the case for the February 6 hearing.
 

After hearing the testimony of Code Officer Debevec and Diana Wright the Special Magistrate ordered a cease and desist of rental activity and continued the case until February 6, 2019.

 
N.
18-0591
CE Cont from
09/05/2018
1393 Bayshore Drive Wynne Building Corp Heather Debevec

Case Initiated: | March 20, 2017 Type of Presentation: Regular

OWNER:
Wynne Building Corp
8000 S US Highway 1 Ste 402
Port St. Lucie, FL 34952
REGISTERED AGENT:
Joel Wynne
8000 S US Highway 1 Ste 402
Port St. Lucie, Fl 34952
MAILING ADDRESS:
Wynne  Building Corp
12804 SW 122 Ave
Miami, FL 33186
EMAIL MANAGER:
Steve Rodriguez
wbcsteve@yahoo.com
 

Section(s): 16-46, 16-47, 16-48 (4) - Nuisance as a Condition
 

The Special Magistrate continued this case for 90 days.

 
O.
18-2426 VR
R&D
1315 Bayshore Drive Unit 203 Delaporte, John Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Regular - R & D

OWNER:
John Delaporte
PO Box 1398
Absecon, NY 08201 

 

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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
18-2530
Re-hear-Massey
421 North 2nd Street AABAA International Inc Heather Debevec
 
Case Initiated: | October 6, 2018 Type of Presentation: Re-hearing
 
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
Code Officer Debevec read the facts of the case.  She said the owner had property worldwide, and hired someone to do the work but he didn't contact Staff about this case.  

Donna Benton was sworn in.  She is the property manager and only takes care of the licensing.  She asked for a reduction and city agreed to reduce the fines to $500.00 payable in 30 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $3,000.00 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.
18-2447
Re-hear -Massey
3 Harbour Isle Dr 204 White, Sheryl Heather Debevec
 
Case Initiated: | September 28, 2018 Type of Presentation: Massey / Re-hearing
 
OWNER:
Sheryl White
3745 Meeting Street
Duluth, GA 30096
REALTOR:
Beachfront Mann Realty
1007 Seaway Drive
Fort Pierce, FL 34949

Section 9-25 Proof of Business Activity; Burden of proof on applicant
Section 9-27 (B) - Doing Business without a Tax
Code Officer Debevec read the facts of the case.  She said the property was in compliance but the fines were not paid.  

Sheryl White was sworn in.  She said she was here in Fort Pierce at the time of hearing, but the letter notifying her about the hearing went to Georgia.  She didn't know anything about the violation until she got the order.  She apologized for not being there.  She requested a reduction on the fines  

Staff was in agreement to reduce the fines to $500.00 payable in 30 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $3,500.00 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.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
B.
18-0091
AC Appeal
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
Code Compliance Manager Arraiz read the facts.  She said Mr. Benjamin signed the green card but failed to appear at the original hearing.  After receiving the order he sent a memo appealing the order.  The date was set, but he is not here again today.  Staff requests the Special Magistrate to deny the appeal.
 

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 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.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned: 
10:55 am

Respectfully submitted:

Colleen Greer

Code Enforcement Clerk



_______________________________________________