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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, FEBRUARY 20, 2019.
 
1.
CALL TO ORDER:
9:01 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Peggy Arraiz - Code Compliance Manager
Vince Alesi - Code Enforcement Officer
Cynthia Ricker - Alarm Coordinator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2972 
Reschedule 3/20
 208 Ave A
 
Florida Mason, Inc.
#5857PK
Vincent Alesi
 
 
Case Initiated: December 18,2018 Type of Presentation: Citation - Repeat
 
VIOLATOR:
Florida Mason, Inc.
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5857PK
 
10-23 (P) Parking Regulation     
2 Hour Parking
1 @ $100.00
 
  $100.00
 
 $10.00
 

 
 $110.00
 
 
2.
18-2943
Cont. 3/20
 606 South Ocean Drive Palm Haven Ocean Dev LLC Heather Debevec
 
Case Initiated:| December 11, 2018 Type of Presentation: Regular
 
OWNER:
Palm Haven Ocean Development LLC
416 SE Cortez Ave
Stuart, FL 34994 
REGISTERED AGENT:
Eric Sauerberg
200 Village Square Crossing Ste 102
Palm Beach Gardens, FL 33410 

IPMC 302.7 - Accessory Structure
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 304.2 - Protective Treatment
 
3.
19-109
Cont. 3/20/19
1218 S 11th Street  Arenas, Raul N Saucedo, Isaac
 
Case Initiated:| January 15,2019 Type of Presentation: Repeat Violator
 
VIOLATOR:
Raul N Arenas
1218 S 11th Street
Fort Pierce, Fl 34950

 

 

Sec. 9-25 - Proof of business activity; burden of proof on applicant.
Section 9-27 (B) – Doing Business without a Tax
 
4.
18-2628 CE
Cont. from
COMPLIED
1104 Avenue G Knowles (EST), Idella Heather Debevec
 
Case Initiated: |October 20 ,2018 Type of Presentation: Regular
 
OWNER:
Idella Knowles (EST)
1104 AVenue G
Ft. Pierce, FL 34950
TENANT:
Lon Knowles
1104 Avenue G
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage of Indoor Furniture
 
4.
PUBLIC HEARINGS - CITATIONS
 
a.
18-2915 
Parking
City Marina/N Pier, IRD
 
Whitcar Boat Works Inc.
#6376 PK
Vincent Alesi
 

Case Initiated: December 5, 2018 Type of Presentation: Citation PK

VIOLATOR:
Whitcar Boat Works Inc.
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6376PK  10-23L Parking Regulation
        Restricted Parking
         Permit Required
    $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 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.

 
b.
18-2924 
Parking
Orange Ave Lot
Behind 2nd St Bistro
Sapanara, Kenneth Michael
#6379 PK
Vincent Alesi

Case Initiated: December 7, 2018 Type of Presentation: Citation PK

VIOLATOR:
Kenneth Michael Sapanara
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6379PK 10-23P Parking Regulation 
 2 Hour Parking
    $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 failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
c.
18-2966 
Parking
207 Ave A (Marina Wy)
 
Weaver, Raymond Gilbert
#5854PK
Vincent Alesi
 

Case Initiated: December 15, 2018 Type of Presentation: Citation

VIOLATOR:
Raymond Gilbert Weaver
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5854PK 10-23K Parking Regulation 
Parked in 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 failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
d.
18-2962 
Parking
S/S Marina Wy W/IRD
 
Richardet, Neil
#6399PK
Vincent Alesi
 

Case Initiated: December 15, 2018 Type of Presentation: Citation

VIOLATOR:
Neil Richardet
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6399PK 10-23 (S) Parking Regulation 
Parked on Grass (ROW)
    $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 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.
18-2963 
Parking
E/S IRD N/Marina Wy
 
Munoz, Benjamin Reinhold
#6400PK
Vincent Alesi
 

Case Initiated: December 15, 2018 Type of Presentation: Citation

VIOLATOR:
Benjamin Reinhold Munoz
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 6400PK 10-23 (S) Parking Regulation 
Parked on Grass (ROW)
    $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 failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
g.
18-3014
Parking Appeal
S/S Marina Way & IRD  Mawhinney, Lori
#5879PK
Vincent Alesi

Case Initiated: December 29, 2018 Type of Presentation: Appeal

VIOLATOR:
Lori Mawhinney
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
5879PK Appeal 10-23 (S) Parking Regulation
Parked on Grass - ROW
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Code Enforcement Officer Alesi read the facts of the case and presented photos marked as Exhibit 1.

Lori Mawhinney was sworn in.  She said she sees signs for tow away and hours of operation but no signs for parking on the grass.  Code Compliance Manager Arraiz said there is no signs because she was parking on the right of way.  Public works planted bushes in order to stop the parking on right of way and grass but it's been reported people ran over the bushes.  The City has designated parking spaces and at that time of the morning if full, the parking garage is still empty.
 

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 waived the $18.00 late fee for a total amount due of $60.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
h.
19-226
Parking Appeal
Marina Way & Melody Ln Lembright, A.C.
#5199PK
Vincent Alesi

Case Initiated: January 26, 2019 Type of Presentation: Appeal

VIOLATOR:
A.C. Lembright
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
5199PK Appeal 10-23 (S) Parking Regulation
 Parked on Sidewalk
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Code Officer Alesi read the facts of the case and presented photos marked as Exhibit 1.  He said this is a motorcycle parked on the sidewalk.

Arthur Lembright was sworn in.  He agreed this was his bike and he was parked on the sidewalk.  He said there was no parking available at the marina and he had a handicap permit for his bike.  He said he has seen other motorcycles parked there and thought it was okay for him.  Code Compliance Manager Arraiz said because the parking lot is full doesn't give him permission to park wherever he wants.  Other motorcycles have also been cited.  She said parking on the sidewalk hinders others who are handicapped from walking or getting around him on the sidewalk.  Mr. Lembright presented photos showing there were no other parking spaces available for him to park and that there was plenty of room for people to get around him.  Mrs. Arraiz said that still doesn't give him the right to park on the sidewalk.
 

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 waived the $18.00 late fee for a total amount due of $60.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
a.
18-2508
Massey
4230 Gator Trace Ave 4B Raskin, Larry Isaac Saucedo
 
Case Initiated:  October 4, 2018 Type of Presentation: Massey
 
OWNER:
Larry Raskin
4230 Gator Trace Avenue 4B
Ft. Pierce, FL 34982
OCCUPIED BY:


 

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 read the facts of the case.  She said the ads are down, so he is in compliance except for the fines assessed.

Larry Raskin was sworn in.  He said he didn't know about having to have a Business Tax Receipt before putting the ad on Air B&B.  He has had no response until now where he has it rented in August.  He tried to get Air B&B to take the ad down but they didn't do it.  
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $4,650.00 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
 
a.
02-10082
Lien Reduction
1022 Avenue H Prince, Beverly Peggy Arraiz

Case Initiated:  June 18, 2002 Type of Presentation:  Lien Reduction

PREVIOUS OWNER:
Beverly A. Prince
601 Saunders St  Apt W2
 Hinesville, GA 31313
CURRENT OWNER:
Deloris Faniel (Sister)
4703 Evergreen Ave.
Ft. Pierce, FL 34947 

Section(s): 5-369 Secure the Building
Code Compliance Manager Arraiz read in the facts of the case and went over the 7 criteria required to recommend a reduction.  She said Staff was agreeable to the original reduction of $472.44.

Deloris Faniel was sworn in.  She said she was the original owner but got cancer so they put the property into her sister's name.  She's better now and because her sister is waiting for a kidney, she took the property back.  When she first requested the reduction she got hit by the storms before it could proceed.  The cancer hit her again and she had more treatment to go through but she's doing better now.  

Mrs. Arraiz asked if the Georgia address was her current address.  She said Staff was in agreement to the reduction but the City Commission may charge an additional $250.00 for administrative fees.  She could request them to waive those fees at the meeting.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $62,600.00 to $472.44 payable in 6 months. This does not include the City Commission's administrative fee of $250.00. If not paid within that time the lien would revert back to its original amount.

 
b.
14-0745
Lien Reduction
1108 Avenue G Carlson Family LLC Peggy Arraiz

Case Initiated: April 7, 2014 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Krista Duhart & Norma White
1108 Avenue G
Ft. Pierce, FL 34950
CURRENT OWNER:
Carlson Family LLC
2103 Sunrise Boulevard
Ft. Pierce, FL 34982

Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz read the facts of the case.  She said both of these cases involves the property being sold through a tax sale.  The excess funds covered one of the liens ( the boarding up of building) but there were two additional ones.

Sovathary Jacobson was sworn in and agreed to the reduction recommendation.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $416,0040.00 to $1,800.00 that would include the City Commission's administrative fee and payable in 30 days. If not paid within that time the lien would revert back to its original amount.

 
c.
13-1121
Lien Reduction
1108 Avenue G Carlton Family LLC Peggy Arraiz

Case Initiated: July 2, 2013 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Krista Duhart & Norma White
1108 Avenue G
Ft. Pierce, FL 34950
CURRENT OWNER:
Carlton Family LLC
2103 Sunrise Boulevard
Ft. Pierce, FL 34950

Section(s): 5-369 Vacant Buildings
Mrs. Arraiz read the facts of the case.

Sovathary Jacobson was in agreement with the reduction recommendation.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $30,140.00 to $1,500.00 that would include the City Commission's administrative fee and payable in 30 days. If not paid within that time the lien would revert back to its original amount

 
8.
OTHER CASES
 
a.
18-2889 Alarm
Appeal
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
Alarm Co-ordinator Ricker read the facts for both cases.  

Susanne Patterson, Director of Finance was sworn in.  She said there has been no false alarms for Avenue J since November 27.  She said the teens hang out after hours so they can use the WIFI.  Once they found out that this was main reason for setting off the alarm, they put a stop to it. Also they pay the alarm company's monthly fee and after a large turnover of employees they have now got some responsible people.  If the alarm goes off, the company calls them and they make the decision whether to send the police or not.   

For the Avenue K address, they didn't know they were responsible for the false alarms.  They rent from the Ft. Pierce Housing Authority and although they pay the monthly alarm fees, they don't get called for alarms.  The housing authority gets the call and sometimes it is ignored.  The police show up whether it is a false alarm or not.  They have no control over how the security people handles the alarms.  

After further consideration they decided to continue these cases for 30 days to see if they could their CEO to get with the housing authority and work something out.  Also, asked them to get with Cynthia and provide the records and any video to see if they can narrow the false alarms down.
 

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

 
b.
18-2890 Alarm
Appeal
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
 

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

 
c.
18-2669
Alarm Appeal
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
Alarm Co-ordinator Ricker read the facts of the case stating this was continued from the December 5, 2018 hearing.  The report shows the police department got a call from somebody other than the security company.

Darrell Dawson was sworn in.  He said the sensors were bad so he had the alarm company check them.  He made a deal with them to not send the police unless a sensor went off.  When the alarm went off, the security company did not dispatch, but someone called and reported it.  By the time he arrived the police had already been there.  It was a false alarm. 

Code Compliance Manager Arraiz said they would be comfortable with $50.00 administrative fees and reset the alarm count to 4.
 

The Special Magistrate waived the 4th alarm and charges. She reduced the fines to administrative fee of $50.00. The 5th alarm they received will now be reset to the 4th alarm. This order shall be forwarded to Cry Wolf for processing.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Adjourned: 10:20 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk