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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, JANUARY 16, 2019.
 
1.
CALL TO ORDER:
9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Supervisor - Janey Vanderhorst
Code Enforcement Officer - Vince Alesi
Code Enforcement Officer - Heather Debevec
Code Enforcement Officer - Andy Avery
Animal Control Officer - Barbara (BJ) Gasparre
Animal Control Officer - Richardo Pellot
Alarm Co-ordinator - Cynthia Ricker
Building Department Investigator - Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2836
PK- COMPLIED
Marina Way & Melody Lane
 
Frisk, Janell Marie
#6332
Vincent Alesi
 
 
Case Initiated:| November 16, 2018 Type of Presentation: Citation 
 
VIOLATOR:
Janell Marie Frisk
PARKING VIOLATION:
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6332 10-23 (P) Parking Regulation
2 Hr Parking
$50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
2.
18-2172
PK - COMPLIED
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 (S) Parking Regulation 
Parked on Grass
1 @$50.00 $50.00 $10.00 $18.00 $78.00
 
3.
18-2663
CE - COMPLIED
1011 Seaway Drive Saucier Realty LLC Heather Debevec
 
Case Initiated: | October 26,2018 Type of Presentation: Regular
 
OWNER:
Saucier Realty LLC
8351 Chinaberry Rd
Vero Beach, FL 32963 
REGISTERED AGENT:
Frank Fee Esq
426 Avenue A
Ft. Pierce, FL 34950
TENANT:
Dave's Diner
1011 Seaway Dr
Ft. Peirce, FL 34949
 

IPMC 302.7 Accessory Structure
 
4.
18-2616
CE - COMPLIED
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
 
5.
18-2889
Alarm Appeal
Re-scheduled
3104 Avenue K

 
Boys & Girls Club

 
 Cynthia Ricker

 
 
Case Initiated: October 18, 2018 Type of Presentation:  Alarm Appeal
 
APPELLATE:
Boys & Girls Club
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
 
6.
18-2890
Alarm Appeal
Re-scheduled
3104 Avenue J

 
Boys & Girls Club

 
Cynthia Ricker

 
 
Case Initiated: October 18, 2018 Type of Presentation: Alarm Appeal
 
APPELLATE:
Boys & Girls Club
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
 
7.
18-2669
Alarm Appeal
Re-scheduled
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
 
8.
18-2896 PK
COMPLIED
ES/IRD-N / Marina Way Hempel, Vicki
#6362
Vincent Alesi
 
Case Initiated: December 1, 2018 Type of Presentation: Citation
 
VIOLATOR:
Vicki Hempel
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6362 10-23 (S) Parking Regulation
 Parked on Grass
1 @ $50.00 $50.00 $10.00 $.00 $60.00
 
9.
18-2488
CE - Continued
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 Officer Debevec read the case in and requested a continuance of the case.
 

Special Magistrate after hearing the request by Code Officer Debevec continued the hearing for 30 days.

 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-2800
PK
City Marina, N Pier. IRD
 
Hertz Corporation
#6331
Vincent Alesi
 

Case Initiated:| November 14, 2018 Type of Presentation: Citation PK

VIOLATOR:
The Hertz Corporation
 
PARKING VIOLATION:
 
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6331 10-23 (L) Parking Regulation
Restricted - 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 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.
18-2840
PKAppeal 
215 N 2nd St Clark, Sandra
#6335
Vincent Alesi

Case Initiated: November 16, 2018 Type of Presentation: Citation

VIOLATOR:
Sandra Clark
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6335 10-23(P) Parking Regulation
 2 Hr Parking
1 @ $50.00 $50.00 $10.00 $.00 $60.00
Code Enforcement Officer Alesi read the facts of the case and presented photos which were marked as composit  Exhibit 1.

Sandra Clark was sworn in.  She said if you go to the north or to the south you don't see the sign.  If you park where the residential homes are or the lawyer's home is the sign is faded and people don't realize it's a 2 hour parking limit.  The signs are confusing to the public and the downtown merchants.  She presented photos of the sign.  Code Compliance Supervisor Vanderhorst said she would speak to public works and see if they will refresh the signs and curbs.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 as indicated. She waived the administrative charges and the $18.00 late fee for a total amount due of $50.00 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.
18-0166 AC
Cont. from 12/12/18 
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. This is a continued case and at the last meeting she gave Ms. Owens a voucher for getting her dog sterialized.  She also gave her United for Animals contact information.  The surgery was scheduled for January 9 but when they got there to pick up the dog, a man from the residence approached them and said no, the dog wasn't getting fixed.  Officer Gasparre said in that case, tell Katie the fines will be enforced.

Katie Owens was sworn in.  She said Romo was her dog and he had no right telling them they couldn't get the dog neutered.  She still agreed to do the surgery. 

Susan Parry and Jannice Douglas from United for Animals were sworn in.  They agreed to still help her get the dog sterialized.

Officer Gasparre said she would like to continue the case and see if Katie got the violations taken care of.
 

After hearing testimony from Animal Control Officer Gasparre and Katie Owens the Special Magistrate continued this case for 30 days. If she brings the violation into compliance she will not have to appear for the hearing.

 
G.
18-995 AC
Cont. from 12/12/18
2807 Dunbar St

 
Tyrone, Calvin Benjamin
#580 & #581
 
Ricardo Pellot

 
 
Case Initiated: July 27, 2018 Type of Presentation: Citation
 
VIOLATOR:
Calvin Benjamin Tyrone
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 and presented photos.  He said he gave the violator 30 days to register the dog and get him off the rope; however, the dog is still not registered and still tied up.  He said the structure he was providing is too small for both dogs.  Officer Gasparre said she spoke to Mr. Tyrone and nothing has been done.  She said they were writing second offenses today as the dogs were out running the neighborhood. It is mandatory that second offenses be turned over to the St. Lucie County Court.  United for Animals has tried to help him with getting the dogs sterialized, but he refuses the City's help.

Susan Parry and Jannice Douglas of United for Animals approached.  Susan said this is an ongoing problem.  The dogs are left out in bad weather to fend for themselves.  They are turned loose to run the neighborhood.  One is male and one is female but there has been no pregnancy so far.  Neighbors continuously complain about the dogs.  The dogs are left out without water and no care. They are not vaccinated nor are they registered and they are a breeding risk.
 

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; unless, the violations are brought into compliance within the expiration date:
Citation #580 - $250.00 plus an AC surcharge of $5.00 for a total of $255.00 payable in 60 days.
Citation #581 - $100.00 plus an AC surcharge of $5.00 for a total of $105.00 payable in 60 days.
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.
18-1235
CE
1824 S 29th Street  Velasco, Fernando Andy Avery
 
Case Initiated: May 11, 2018  Type of Presentation: Regular 
 
OWNER:
Fernando Velasco
2440 S Jenkins Road
Ft Pierce, FL 34947
OCCUPIED BY:
Aura M Sierra
1824 S 29th Street
Ft Pierce, FL 34947

Section(s): 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.

 
B.
18-2285
CE
2801 Rhode Island Avenue KG Home Investments LLC Andy Avery

Case Initiated:  September 6, 2018 Type of Presentation: Regular

OWNER:
KG Home Investments LLC
4770 Biscayne Blvd Ste 1400
Miami, FL 33137
OCCUPIED BY:
FOSR LLC
2801 Rhode Island Avenue
Ft Pierce, FL 34947
OCCUPIED BY:
Alina Allen
4770 Biscayne Blvd 1080
Miami, FL 33137
 

IPMC 302.7 -  Accessory structures.
 

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 further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet in which to apply for the permit and comply with the conditions of the permit. In the event the violations are not cured or complied within the time period given, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
C.
18-2293
CE
1912 Georgia Avenue
 
R & D Management & Investments
 
Andy Avery
 
 
Case Initiated: June 28, 2018  Type of Presentation: Regular 
 
OWNER:
R & D Management & Investments
10380 SW Village Center Dr # 333
Port St Lucie, FL 34987
OCCUPIED BY:
Antonio A Reyes Moran
1912 Georgia Ave Apt A
Ft Pierce, FL 34950
REGISTERED AGENT:
Raymond B Reiprecht
10380 SW Village Center Dr # 333
Port St Lucie, FL 34987
OCCUPIED BY:
Maria M. Rivera
1912 Georgia Ave Apt B
Ft. Pierce, FL 34950

IPMC 302.7 - Accessory Structures
Section 16-46, 16-47, 16-48 (1) (5) – Outside Storage
Section 16-46, 16-47, 16-48 (10) (D) - Non-Operable Vehicles
Code Enforcement Officer Andy Avery read the facts of the case and presented photos marked as Exhibit 1.  He said the fence violation is now in compliance.

Raymond Reiprecht was sworn in.  He said everything had been taken care of but he wasn't aware of the wood.  He said he would take care of that immediately.
  
Officer Avery said he would like to meet with Mr. Reiprecht and make sure the vehicles were registered.  They agreed to set a time.
 

Special Magistrate found that a violation does exist and that R&D Management/Investment has committed or is responsible for the violations. She ordered that the violator has 30 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 $100.00 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.

 
D.
18-1770
CE
1009 S 15th Street
 
R & D Management/Investments
 
Andy Avery
 
 
Case Initiated: June 28, 2018  Type of Presentation: Regular
 
OWNER:
R & D Management / Investments
10380 SW Village Center Drive # 333
Port St Lucie, FL 34987
OCCUPIED BY:
Manuel L. Bernard
1009 S 15th Street
Ft Pierce, FL 34950
REGISTERED AGENT:
Raymond B Reiprecht
10380 SW Village Center Dr #333
Port St Lucie, FL 34987
 

Section 9-27 (B) - Doing Business without a Tax
Section(s): 10-23 (s) - Parking on City Right of Way (complied)
Section(s): 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
Code Officer Avery read the facts of the case and presented photos. There is no BTR at this time.  The vehicles are still non-operable.

Manuel Bernard the tenant was sworn in.  He said he doesn't run a business; only works on cars for friends.  After hearing that there are complaints from the neighbors he agreed to move the cars.
 

For Section 10-23 (s) 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.

For the remaining violations the Special Magistrate found that a violation does exist and that R & D Management & Investments has committed or is responsible for the violations. She ordered that the violator has 10 days in which to comply with the city code of ordinances. In the event the violations are not cured or complied within the time period given, a fine of $100.00 per day will be assessed for each day the violation continues past the date set for compliance. She further ordered that all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie.

 
E.
18-2782
CE
1109 Avenue E Vaner, Mosne Heather Debevec
 
Case Initiated: | November 9,2018 Type of Presentation: Regular
 
OWNER:
Mosne Vaner
PO Box 6211
Miami Beach, FL 33141 
TENANT:
Tina Lomax
1109 Avenue E
Ft. Pierce, FL 34950

IPMC 302.7 Accessory Structure
IPMC 304.2 Protective Treatment
IPMC 304.1 Exterior Structure - General
Code Enforcement Officer Debevec read the facts of the case.  She said IPMC 302.7 and 304.2 are in compliance.  IPMC 304.1 is still in violation.

Mauro Aronovski was sworn in.  He said he would take care of the trim today.
 

For IPMC 302.7 and IPMC 304.2 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.

For IPMC 304.1 the Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Mosne Vaner has 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.

 
F.
18-2656
CE
1011 Avenue G DeGroup Investment LLC Heather Debevec

Case Initiated: | October 23,2018 Type of Presentation: Regular

OWNER:
DeGroup Investment LLC
1841 Banks Rd
Margate, FL 33063
REGISTERED AGENT:
Patricia Dellepere
4205 NW 100 Ave
Coral Springs, FL 33065
TENANT:
Deborah Ford
1011 Avenue G
Ft. Pierce, FL 34950
 

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 302.7 - Accessory Structure
Section 16-46, 16-47, 16-48 (10)(D) - Non- Operable Vehicles
Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
Code Officer Debevec read the facts of the case.  She said Section 16-46, 16-47, 16-48 (1) (5) and IPMC 302.7 are in compliance.  Section 16-46, 16-47, 16-48 (10) (D) and 16-46, 16-47, 16-48 (4) are still in violation.  She spoke to Mrs. Ford and was told the car belongs to her daughter.

Heidi Sorour, Patricia Dellapere's assistant was sworn in.  She said when they received the notice of violation they took care of the violations immediately and spoke to Deborah Ford, the tenant about the vehicle. 

Deborah Ford was also sworn in.  She said the car is her daughters.  She has asked her to move it but she hasn't done so yet.  She was told to ask the daughter again and if she doesn't do it, the City will.  
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that DeGroup Investment LLC 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. 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.
18-2629
CE
1107 Avenue G Edwards, Willie & Leila Heather Debevec

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

OWNER:
Willie & Leila Edwards
1122 Warwick Dr
Ft. Pierce, FL 34950
TENANT:
Latasha Ford
1107 Avenue G Apt A
Ft. Pierce, FL 34950
TENANT:
Calvin Edwards
1107 AVenue G Apt B
Ft. Pierce, FL 34950
 

Section 5-370 - Exterior Property and Landscaping
IPMC 304.2 Protective Treatment
IPMC 302.7 Accessory Structures
Code Officer Debevec read the facts of the case and presented photos.

Richard Edwards, the son and property manager, said everything but the fence has been taken care.  He is working on getting a permit for that now but needed a little more time.
 

Special Magistrate found that a violation does exist and that Willie & Leila Edwards has committed or is responsible for the violations. She ordered that the violator has 30 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 $50.00 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.

 
H.
18-2645
CE
1222 Avenue G McNair Empire LLC Heather Debevec

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

OWNER:
McNair Empire LLC
5259 NW South Lovett Cir
Pt. St. Lucie, FL 34986 
REGISTERED AGENT:
Jamie M McNair Sr
5259 NW South Lovett Cir
Pt. St. Lucie, FL 34986 
TENANT:
Hazel Grant
1222 Avenue G
Ft. Pierce, FL 34950
 

IPMC 302.7 Accessory Structure
Code Officer Debevec read the facts of the case and presented photos.

Jamie McNair was sworn in.  He said he was trying to find a reputable company to pull the permit and do the work. He said it was a rental property and he can't pull the permit himself.
 

Special Magistrate found that a violation does exist and that McNair Empire LLC has committed or is responsible for the violations. She ordered that the violator has 30 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 $50.00 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.

 
I.
18-2602
CE
511 Douglas Court Edwards, Willie & Leila Heather Debevec

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

OWNER:
Willie & Leila Edwards
1122 Warrick Dr
Ft. Pierce, FL 34950 
TENANT:
Mildred Sumpter Pratt
511 Douglas Ct
Ft. Pierce, FL 34950

IPMC 304.1 Exterior Structure - General
IPMC 304.2 Protective Treatment
Code Officer Debevec read the facts of the case.  She said the situation is the same as the previous case.

Mr. Edwards came forward again and said he just hasn't had the time to get the violations taken care of.  He's been working with Heather and will get it taken care of within the next couple of days.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Willie and Leila Edwards 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. 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.

 
J.
18-1090
CE
1515 San Diego Avenue Jones Jr, Dan & Brenda Heather Debevec

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

OWNER:
Dan & Brenda Jones Jr
PO BOX 1844
Ft. Pierce, FL 3495
EMAIL for Brenda:
BRJGodis@yahoo.com
 

IPMC 304.1 Exterior Structure - General
Code Officer Debevec read the facts of the case and presented photos.  She said Ms. Jones is working on the violations.  She said the soffitt needs to be repaired.

Brenda Jones was sworn in.  She said she has done a lot of work on the property and the neighbors have helped a lot, but, she lives on a fixed income and  needs more time.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Dan & Brenda Jones has committed or is responsible for the violations. She ordered that the violator(s) have 60 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.

 
N.
18-2271
VR
1138 Hernando Street Dufault, Shawn A Heather Debevec

Case Initiated: | September 5,2018 Type of Presentation: Regular

OWNER:
Shawn A Dufault
1138 Hernando St
Ft. Pierce, FL 34950 
 

Section 9-27(B) - Doing business with out 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.

 
O.
18-2921
VR
813 South Indian River Drive Wright, John
Wright, Diana
Heather Debevec

Case Initiated: | December 6,2018 Type of Presentation: Repeat - VR
May 19, 2017  was R & D November 15, 2017
March 27, 2018 violation with fine May 2, 2017
   

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

Section 9-25 - Proof of Business Activity; Burden of Proof on Applicant
Section 9-27(B) - Doing Business without a Tax
Code Compliance Manager Arraiz presented the case.  She said the case is being brought back as a repeat violator and Staff was requesting the maximum penalty of $5,000.00.  There is still an ad on the web site known as "Next door" advertising the apartment and it gives Diana Wright as the contact with a telephone number.

John Wright was sworn in.  He said he has very little knowledge about seasonal renting.  His wife handles that business and when he told her to take the ad down after the last meeting, she "snoozed it" because they have other property they advertise for rent on the web site.  He said they "snoozed" it but it re-populates itself.  They have other property throughout Florida . He said the property hasn't been rented in over 18 months.   

Mrs. Arraiz said if they are advertising, they are still running a business and they need to take the ads down.  He was asked why his wife wasn't there to testify and he said she was ill and staying home to take care of the baby.

They agreed to continue to the next hearing date and hopefully his wife will be present.
 

The Special Magistrate found that John & Diana Wright failed to remove all advertisements, cease and desist, and obtain a valid Business Tax Receipt from the City Clerk's office. An immediate cease and desist order is issued and all future rentals are to be terminated until the Business Tax Receipt is obtained. All advertisement(s) for short term rentals are to be removed until the Business Tax Receipt is obtained. Any advertising on the web sites dedicated to short term or vacation rentals are assumed to be short term regardless of length of stay stated in the advertisement(s). She withheld adjudication until the February 6 meeting.

 
P.
18-2457
VR 
36 W Harbour Isle Drive Unit 201 Micho, Ronald & Theresa Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Vacation Rental

OWNER:
Ronald & Theresa Micho
36 W Harbour Isle Drive Unit 201
Ft. 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 all ads are down and the property owners have applied for their Business Tax Receipt. She said they were not properly noticed and requested the Special Magistrate vacate the order.

Teresa and Ronald Micho were sworn in.  Mr. Micho said they live in New York and thought they had changed their address at the property appraiser's office. They were unaware of the violation until they saw the notice on the door.  They contacted Heather as soon as they learned of this and have applied for the Business Tax Receipt.  He said they would go and make sure the property appraiser changed their address.
 

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.

The Special Magistrate, due to improper notice, vacated the order dated December 5, 2018 and ordered all fines to be deleted and if any liens were recorded they should be released.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
17-0898
Ext of Time 
1450 Bell Avenue Railside LLC Shaun Coss

Case Initiated:  April 5, 2017 Type of Presentation: Extension of Time - cont.

OWNER:
Railside LLC
Norman Zlinkoff
44-47 Realty LLC
4510 SW Thistle Terrace
Palm City, FL 34990
REGISTERED AGENT:
John Katsock, Jr.
Reg. Agent for Railside LLC
4521 SW Bimini Circle N
Palm City, FL 34990
 
LEGAL COUNCIL:
Alexander Gonano
Gonano & Harrell
TD Bank Building
1600 S Federal Highway - Suite 200
?Ft. Pierce, FL 34950
 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.105.4.1.2 Expired Permit
Section(s): 22-79 Compliance with Conditions of Approval
Building Department Investigator Shaun Coss said Attorney Gonano had an emergency motion hearing and they stipulated to a 90 day extension. He included a copy of the email as a part of his testimony.
 

The Special Magistrate agreed to the stipulation of extending this case for 90 days.

 
E.
18-2891 Alarm Appeal 2511 Okeechobee Road
Davidovich, Alex
 
Cynthia Ricker

Case Initiated: November 14, 2018 Type of Presentation: Appeal

APPELLATE:
Marathon
Alex Davidovich
2178 NW Reserve Park Trace
Port St Lucie, FL  34986
 

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
10/6/2017 14-24 – Excessive false alarm signals Commercial 0 0
2/12/2018 14-24 – Excessive false alarm signals Commercial 1 $100.00 (Paid)
2/18/2018 14-24 – Excessive false alarm signals Commercial 2 $200.00 (Paid)
5/9/2018 14-24 – Excessive false alarm signals Commercial 3 $400.00
9/22/2018 14-24 – Excessive false alarm signals Commercial 4 $500.00
9/232018 14-24 – Excessive false alarm signals Commercial 5 $500.00
9/29/2018 14-24 – Excessive false alarm signals Commercial 6 $500.00
9/30/2018 14-24 – Excessive false alarm signals Commercial 7 $500.00
10/6/2018 14-24 – Excessive false alarm signals Commercial 8 $500.00
10/15/2018 14-24 – Excessive false alarm signals Commercial 9 $500.00
10/28/2018 14-24 – Excessive false alarm signals Commercial 10 $500.00
10/29/2018 14-24 – Excessive false alarm signals Commercial 11 $500.00
11/19/2018 14-24 – Excessive false alarm signals Commercial 12 $500.00
  Total False Alarm Fines     $4,900.00
Alarm Co-ordinator Ricker read the facts of the case.  She said there has been two (2) more alarms since the last report.  The total amount of false alarm fines is $6,200.00 but they have paid $300.00 leaving a balance due of $5,900.

Alex Davidovich, Vice President of the store was sworn in.  He said this is a convenience store that has been robbed many times.  The false alarms are being activated by people trying to break in.  It takes a great force, more than hurricane winds, to set the alarm off.  The alarm company, ADT, has been out and completely gone over the equipment.  With so many false alarm reports now, they don't contact the police any more, even if it is legitimate. But, when the alarm goes off other people do.  ADT also failed to call the store's contacts several times.   

Special Magistrate Ross asked if they had security cameras  He said they do and the director of security has the tapes.  He's out of town, but should be back the upcoming weekend.  

City Attorney Sweeney said this is a criminal act and it is the store's burden to show the police department that it is an actual crime trying to take place.

Mr. Davidovich said Security has verified through the video that there are people tring to break in; but, they haven't been able to observe anyone. The Special Magistrate asked that Mr. Davidovich provide a video to the City if the alarm goes off again.  

Mrs. Arraiz asked that when the alarm goes off they provide Staff with a copy of the tape.  She recommended combining the dates and reducing the fines to $3,500.00.
 

The Special Magistrate found Alex Davidovich responsible for the violations. The 1st and 2nd alarm charges were paid. After expressing her concern about the area the store was located in she reduced the remaining false alarm charges to $2,400.00 payable in 30 days. She ordered the security tapes to be made available to the City. This order shall be forwarded to Cry Wolf for processing.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned 10:55 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk