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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, MARCH 6, 2019.
 
1.
CALL TO ORDER:
9:04 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Enforcement Manager - Margaret Arraiz
Code Enforcement Officer - Hearther Debevec
Code Enforcement Officer - Isaac Saucedo
Code Enforcement Officer - Vince Alesi
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2990
Parking - COMPLIED
205 Orange Ave Dwyer, Curtis Dewayne Vincent Alesi
 
Case Initiated: December 26,2018 Type of Presentation: Citation
 
VIOLATOR:
Curtis Dewayne Dwyer 
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5864PK 10-23 (P) Parking Regulation   
2 Hour Parking
    $50.00 / 1  $50.00 $10.00  $18.00  $78.00
 
2.
19-0040 
Parking - COMPLIED
ES/IRD & Ave B
 
Lawley, Linda Sue
 
Vincent Alesi
 
 
Case Initiated: January 05, 2019 Type of Presentation: Citation
 
VIOLATOR:
Linda Sue Lawley
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5900 PK 10-23 (S) Parking Regulation
Parked On Grass. ROW      
    $50.00/1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
3.
18-1646 AC
cont.472 & 473
COMPLIED
318 N 19th St Nunez, Liam BJ Gasparre
 
Case Initiated: November 7, 2018 Type of Presentation: Citation
 
VIOLATOR:
Liam Nunez
VIOLATION:
 472AC & 473AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
472AC 4-27 Rabies Required X 5 5 @ $100.00 $500.00 $0.00 $5.00 $505.00
473AC 4-50 Registration Required X 5 5 @ 250.00 $1,250.00 $0.00 $5.00 $1255.00
 
4.
18-1144 AC
cont. #532
from 2/6/19
COMPLIED
1805 Havana Ave

 
Williford, Bruce

 
BJ Gasparre

 
 
Case Initiated: August 1, 2018 Type of Presentation: Citation
 
VIOLATOR:
Bruce Williford
VIOLATION:
 532AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
532 AC 4-50 Registration Required 1 @ $250.00 $250.00 $0.00 $5.00 $255.00
 
5.
19-167
CE - COMPLIED
      426 N 20th Street Leland, West Heather Debevec
 
Case Initiated:| January 19, 2019 Type of Presentation: Regular
 
OWNER:
West Leland
426 N 20th St
Ft. Pierce, FL 34950 
TENANTS:
West Leland
426 N 20th St Apt A
Ft. Pierce, FL 34950
TENANT:
Patricia Bethea
426 N 20th St Apt B
Ft. Pierce, FL 34950 
 

Section 5-1.104.5 - Unsafe Building (Covered Windows)
Section 16-25 (C) - Responsibility for Containers
 
6.
19-227
CE - COMPLIED
1603 N 18th St Donaldson, Terrance
Peavy, Dwayne
Donaldson, Lamar
Heather Debevec
 
Case Initiated:| January 30, 2019 Type of Presentation: Regular
 
OWNER:
Terrance L Donaldson
Dwayne E Peavy
Lamar Donaldson
% Lamar Donaldson
370 W 33rd St
Riviera Beach, FL 33404 
 

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
 
7.
19-0065
CE - COMPLIED
2201 S 10th Street Channon, Christopher M.D. Isaac Saucedo
 
Case Initiated:  January 11, 2019 Type of Presentation: Regular
 
OWNER:
DTE Properties LLC
2201 S 10th Street
Ft.  Pierce, FL 34950
 






 
OCCUPIED BY:
Christopher Channon MD.
2201 S 10th Street
Ft Pierce, FL 34950

REGISTERED AGENT:
Bruce R Abernethy, Jr
130 S Indian River Drive
Ft. Pierce, FL 34950


.

Section 9-27 (B) – Doing Business without a Tax
 
8.
19-0053
CE - RESCHEDULED  4/17/2019
518 S 11TH ST


 
Williams, Jacquelyn


 
Isaac Saucedo


 
 
Case Initiated: January 11, 2019 Type of Presentation: Regular
 
OWNER:
Jacquelyn Williams
3162 Bollard Road
West Palm Beach, FL 33411
OCCUPIED BY:
 

 

IPMC 302.7 - Accessory structures.  
Section 5-370 – Exterior Property and Landscaping
 
 
9.
19-0086
CE - COMPLIED
2721 S US Highway 1 T & E Audio LLC Isaac Saucedo
 
Case Initiated: January 14,2019 Type of Presentation: Regular
 
OWNER:
Meri Gold Investments Inc
12341 SW 1st Street
Coral Springs, FL 33071
 






 
OCCUPIED BY:
T & E Audio LLC
2721 S US Hwy 1  #1
Ft. Pierce, FL 34950

REGISTERED AGENT:
Jolly Paily
12341 SW 1st Street
Coral Springs, FL 33071


 

Section 9-27 (B) – Doing Business without a Tax
 
10.
19-113
CE - COMPLIED
2806 Avenue F Mcnair, Empire LLC Isaac Saucedo
 
Case Initiated: January 15, 2019 Type of Presentation: Regular 
 
OWNER:
McNair Empire LLC
5259 NW South Lovett Circle
Port St. Lucie, FL 34986

 
OCCUPIED BY:

 


 

Section 5-370 – Exterior Property and Landscaping.
IPMC 302.7 Accessory structures.

 
 
4.
PUBLIC HEARINGS - CITATIONS
 
B.
19-0004
Parking #5886
S/S Ave A, W of US1 Thayer, Toni Renee Vincent Alesi

Case Initiated: January 02, 2019 Type of Presentation: Citation

VIOLATOR:
Toni Renee Thayer
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5886PK 10-23 (T) Parking Regulation
Parked Opposite Traffic Flow        
    $50.00 / 1 $50.00 $10.00  $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator having been provided notice and failed to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit.
It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
C.
19-0013 
Parking #5888
207 Orange Ave Gardner, Christopher David Vincent Alesi

Case Initiated: January 03, 2019 Type of Presentation: Citation

VIOLATOR:
Christopher David Gardner
Kristen Alexis Einstein
PARKING VIOLATION:
 
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5888PK 10-23 (P) 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 failed to appear is responsible for the violation. 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.
19-0014 
Parking #5889
Opposite 117 Atlantic Ave Summers, Tina Rochelle Vincent Alesi

Case Initiated: January 03, 2019 Type of Presentation: Citation

VIOLATOR:
Tina Rochelle Summers
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5889PK 10-23(P) 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 failed to appear is responsible for the violation. 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.
19-170
CE 
      427 N 20th Street Walker, Jessie Heather Debevec
 
Case Initiated:| January 24, 2019 Type of Presentation: Regular
 
OWNER:
Jessie Walker
108 Essex Dr
Ft. Pierce, FL 34950 
TENANT:
Vivian Walker
427 N 20th St
Ft. Pierce, Fl 34950 

Section 16-25 (C) - Responsibility for Containers
Section 5-1.104.5 - Unsafe Building ( Covered Windows)
IPMC 302.7 - Accessory Structure
Section 16-46, 16-47, 16-48 (10)(D) - Non-Operable Vehicles
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit.
It is hereby ordered that the Violator be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet. The Violator(s) shall have 30 days within which to appeal this decision to the Circuit Court.

 
B.
18-2390
CE
1219 Avenue J Taylor Jr, Hezekiah
Streeter, Theresa Taylor
Taylor, Hezekiah Demond
Heather Debevec
 
Case Initiated:| September 26, 2018 Type of Presentation: Regular
 
OWNER:
Hezekiah Taylor Jr
Theresa Taylor Streeter
Hezekiah Demond Taylor
1219 Avenue J
Ft. Pierce, FL 34950 

 

Section 16-25 (C) - Responsibility for Containers
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit.
It is hereby ordered that the Violator be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.



 
C.
18-2978
CE
1616 N 19TH ST  Green, Ronald S
Green, Cassandra
Isaac Saucedo
 
Case Initiated:  December 20,2018 Type of Presentation:  Regular
 
OWNER:
Ronald & Cassandra Green
1604 N 44th Street
Ft. Pierce, FL 34947
OCCUPIED BY:
 

 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture

 
Code Enforcement Officer Sauedo read the facts of the case and presented photos marked as Exhibit 1.

Ronald Green was sworn in.  He said this is a rental property and he has spoken to his tenant about cleaning the place up.  He told the tenant if he didn't he would have to evict him.  

Special Magistrate Ross did declare that she has known Mr. and Mrs. Green for many years.  She asked Mr. Green to leave Officer Saucedo his contact information.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Ronald and Cassandra Green 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 $150.00 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
12-1966
CE Reconsideration
417 N 9th Street Integrated Real Properties, Inc. Heather Debevec

Case Initiated:| December 13, 2012 Type of Presentation: Reconsideration

PREVIOUS OWNER:
Sophia Walker
6972 West Atlantic Blvd
Margate, FL 33063 
CURRENT OWNER:
Integrated Real Properties, Inc
9638 Shepard Pl
Wellington, FL 33414 

Section 5-368 (1)(4) - Property Maintenance
Section 5-369 - Vacant Building
Code Compliance Manager Arraiz read the facts of the case.  She said the violations were complied; but, they did not get the permits. On further review of the case, Staff learned permits were not necessary and asked the Special Magistrate to amend the order so Staff could stop the fines and allow for a reduction or rescindment of the lien.
 

Special Magistrate Ross amended the Order dated March 6, 2013 to no longer need permits for any repair work done.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned: 9:20 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk