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, APRIL 17, 2019.
1.
CALL TO ORDER:
9:03 AM
9:03 AM
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Barbara J. Gasparre - Animal Control Officer
Cynthia Ricker - Alarm Coordinator
Vince Alesi - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Ricardo Pellot - Animal Control Officer
Margaret Arraiz - Code Compliance Manager
Barbara J. Gasparre - Animal Control Officer
Cynthia Ricker - Alarm Coordinator
Vince Alesi - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Ricardo Pellot - Animal Control Officer
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 19-0461 Parking - PAID |
Opposite 122 N 2nd Street |
Joseph,Sebron Vonar #5041PK |
Vincent Alesi |
| Case Initiated: l February 15, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Sebron Vonar Joseph Verrenthia Tashone Joseph |
PARKING VIOLATION: |
| Citation # | Code Section | Counts/Fine | Total Fine | Admin Fee | Late Fee | Total Due |
| 5041PK |
10-23(P) Parking Regulation 2 Hour Parking |
1 / $50.00 |
$50.00 |
$10.00 |
$18.00 |
$78.00 |
2.
| 19-585 AC - COMPLIED |
1701 Ponce De Leon Prado | Quarting, Juan #596 AC |
Ricardo Pellot |
| Case Initiated: | February 25, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Juan J Quarting |
VIOLATION: Citation #596AC |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | AC Surcharge | Total Due |
| 596 AC | 4-22 Failure to Restrain dog when off owners property | 1 @ $50.00 | $50.00 | $0.00 | $5.00 | $55.00 |
3.
| 18-3276 AC - OTI - CLOSE |
302 N 32nd St | Burgess, Andrea #710AC & 711AC |
BJ Gasparre |
| Case Initiated: | February 25, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Andrea Burgess |
VIOLATION: Ciation 710AC & 711AC |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | AC Surcharge | Total Due |
| 710AC | 4-27 No Rabies Vaccination | 2 @ $100.00 | $200.00 | $0.00 | $5.00 | $205.00 |
| 711AC | 4-50 No City Registration | 2 @ $250.00 | $500.00 | $0.00 | $5.00 | $505.00 |
4.
| 19-507 CE - COMPLIED |
1403 Reynold Ct |
Dantilus, Jean |
Heather Debevec |
| Case Initiated:| February 27, 2019 | Type of Presentation: | Regular |
| OWNER: Jean Dantilus 854 SE Proctor Ln Pt. St. Lucie, FL 34983 |
TENANT: Mary Wynn 1403 Reynolds Ct. Ft. Pierce, FL 34950 |
Section(s) - 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s) - 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
5.
| 19-0468 CE - COMPLIED |
3109 Avenue B |
Yohannes, Bemnet |
Heather Debevec |
| Case Initiated:| February 20, 2019 | Type of Presentation: | Regular |
| OWNER: Bemnet Yohannes 522 53rd Street West Palm Beach, FL 33407 |
IPMC 304.1 Exterior Structure - General
IPMC 304.2 Protective Treatment
6.
| 19-0457 CE - PULLED |
1004 Avenue D |
Russ, Charles Russ, Hassie Russ, Fenee |
Heather Debevec |
| Case Initiated:| February 13, 2019 | Type of Presentation: | Regular |
| OWNER: Charles Russ Hassie Russ Fenee Russ 1805 N 16th Street Ft. Pierce, FL 34950 |
TENANT: Rubin Wilson 1004 Avenue D Ft. Peirce, FL 34950 |
Section(s): 16-46, 16-47, 16-48 (11) - Outside Storage Indoor Furniture
IPMC 304.2- Protective Treatment
7.
| 19-655 CE - COMPLIED |
708 Delaware Ave | Kwickk Stopper Convenience | Isaac Saucedo |
| Case Initiated: | March 13, 2019 | Type of Presentation: | Regular |
| OWNER: The AC Trust 978 Hacienda Cir Kissimmee, Fl 34741 |
OCCUPIED BY: Kwickk Stopper Convenience 708 Delaware Ave Fort PIerce, Fl 34950 |
Section 9-27 (B) – Doing Business without a Tax
8.
| 19-720 CE - COMPLIED |
2305 S Us Hwy 1 | Bark Avenue Healthy Pets | Isaac Saucedo |
| Case Initiated: | March 14, 2019 | Type of Presentation: | Regular |
| OWNER: Eden NV C/O Fraga Properties 75 Valencia Ave Ste 1150 Coral Gables, Fl 33134 |
OCCUPIED BY: Bark Avenue Healthy Pets 2305 S Us Hwy 1 Fort Pierce, Fl 34950 |
Section 9-27 (B) – Doing Business without a Tax
9.
| 19-0053 CE - PULLED |
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
10.
| 19-623 AC - Cont. 5/1 |
1201 Avenue J | Toriano, Roberts #599 AC |
Ricardo Pellot |
| Case Initiated: | February 28, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Toriano A Roberts |
VIOLATION: Citation #599 AC |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | AC Surcharge | Total Due |
| 599 AC | 4-50 No City Registration | 1 @ $250.00 | $250.00 | $0.00 | $5.00 | $255.00 |
4.
PUBLIC HEARINGS - CITATIONS
A.
| 19-0396 Parking |
Orange Ave Lot/Opp 111 Bldg |
Osteen, Cooper Alan #5030 PK |
Vincent Alesi |
| Case Initiated:| February 09, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Cooper Alan Osteen |
PARKING VIOLATION: |
| Citation # | Code Section | Counts/Fine | Total Fine | Admin Fee | Late Fee | Total Due |
| 5030PK | 10-23(O) Parking Regulation Parking Prohibited |
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 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.
| 19-0437 Parking |
102 S 2nd Street |
Munyon, Douglas Paul #5040PK |
Vincent Alesi |
| Case Initiated:| February 12, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Douglas Paul Munyon |
PARKING VIOLATION: |
| Citation # | Code Section | Counts/Fine | Total Fine | Admin Fee | Late Fee | Total Due |
| 5040PK |
10-23(P) Parking Regulation 2 Hour Parking |
1 / $100.00 |
$100.00 |
$10.00 |
$18.00 |
$128.00 |
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 $100.00 plus $10.00 administrative fees and $18.00 late fee or a total of $128.00 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.
| 18-2743 Parking |
Opposite 218 S 2nd Street |
Sincere, Brandley #6303 |
Vincent Alesi |
| Case Initiated: | October 31, 2018 | Type of Presentation: | Citation |
| VIOLATOR: Brandley Sincere |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 6303PK |
10-23(T) Parking Regulation Parked Opposite Traffic Flow |
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 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.
| 19-0141 Parking #5178 |
N/S Marina Way & Melody Lane | Ean Holdings LLC | Vincent Alesi |
| Case Initiated: | January 16, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Ean Holdings, LLC |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 5178PK | 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(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.
| 18-3065 AC | 505 N 6th Street | Nowell, Barbara & Willie #276AC & 277AC |
BJ Gasparre |
| Case Initiated: | February 25, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Barbara & Willie Nowell |
VIOLATION: Citation #276AC & 277AC |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | AC Surcharge | Total Due |
| 276AC | 4-27 No Rabies Vaccination | 1 @ $100.00 | $100.00 | $0.00 | $5.00 | $105.00 |
| 277AC | 4-50 No City Registration | 1 @ $250.00 | $250.00 | $0.00 | $5.00 | $255.00 |
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 total amount on the citation 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.
| 19-598 VR |
1123 Hernando Street TELEPHONE CONF. |
Wood, David Wood, Tiffany |
Heather Debevec |
| Case Initiated:| March 13, 2019 Cited on September 28, 2018 complied |
Type of Presentation: |
Repeat |
| OWNER: David Wood Tiffany Wood 1123 Hernando Street Ft. Pierce, FL 34949 |
Section 9-27 (B) - Doing Business without a Tax
Code Enforcement Officer Debevec read the facts of the case stating Mrs. Wood is a repeat offender and recommended fining her $5,000.00, the maximum amount that could be collected.
Tiffany Wood was sworn in via telephone conference. She said they went through the conditional use process. They received the Business Tax Receipt (BTR) but there was an error that they had to get corrected. Her ads indicated less than 30 days but she did not sign up for that. She has had an ongoing issue with the vacation rental sites. She withdrew the ad for Air B&B on March 30. The Home Away Group advertises for less than 30 but she never listed for that. They advertised her as 1 day minimum and even sent her a reservation for 1 day. These sites are trying to control the rentals and she has no control over it. She has taken the ads down again.
Special Magistrate Ross asked Staff if they were in compliance. Code Compliance Manager Arraiz said they were uncertain because there are scheduled rentals. The City requires her to terminate these reservations.
Mrs. Wood said she does not have any rentals at this time for less than 30 days. She said there is an ongoing issue with the websites and she never listed with Home Away. She said she received an instant booking from Home Away but she already had someone renting. Her current renters are for more than 30 days.
Manager Arraiz recommended Mrs. Woods get her notes and emails together and Staff would get theirs and compare the information. Recommended continuing the hearing until the next meeting date, May 1.
Tiffany Wood was sworn in via telephone conference. She said they went through the conditional use process. They received the Business Tax Receipt (BTR) but there was an error that they had to get corrected. Her ads indicated less than 30 days but she did not sign up for that. She has had an ongoing issue with the vacation rental sites. She withdrew the ad for Air B&B on March 30. The Home Away Group advertises for less than 30 but she never listed for that. They advertised her as 1 day minimum and even sent her a reservation for 1 day. These sites are trying to control the rentals and she has no control over it. She has taken the ads down again.
Special Magistrate Ross asked Staff if they were in compliance. Code Compliance Manager Arraiz said they were uncertain because there are scheduled rentals. The City requires her to terminate these reservations.
Mrs. Wood said she does not have any rentals at this time for less than 30 days. She said there is an ongoing issue with the websites and she never listed with Home Away. She said she received an instant booking from Home Away but she already had someone renting. Her current renters are for more than 30 days.
Manager Arraiz recommended Mrs. Woods get her notes and emails together and Staff would get theirs and compare the information. Recommended continuing the hearing until the next meeting date, May 1.
After hearing testimony from Staff and Mrs. Wood the Special Magistrate continued this case until the May 1 hearing.
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
8.
OTHER CASES
A.
| 18-2889 Alarm Appeal Cont from 2/20/2019 |
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 |
Code Compliance Manager Arraiz presented the case. She said City Manager Nick Mimms and Will Armstead with the Boys & Girls Club met with the Ft Pierce Housing Authority to see what could be done to remedy the false alarms.
Susanne Patterson and Will Armstead were sworn in. Mr. Armstead said they met with the Housing Authority to review the tapes and find out where the alarm was happening. They have now put systems in place so the alarms won't go off. The Housing Authority won't let them be the alarm company's contact because they do not want any liability. But, they did agree to assign a Staff member to check everyday to make sure alarms are off and to appoint an official contact. The Police Department will still be dispatched, but Ms. Patterson and or Mr. Armstead will be given the video to review and to show whether it was a false alarm or not. Ms. Patterson will be able to look at a report once a week.
Manager Arraiz said the Police Department will still be dispatched, but if it is a false alarm, they can waive it. She then announced the stipulation between the parties to resolve the fines.
Susanne Patterson and Will Armstead were sworn in. Mr. Armstead said they met with the Housing Authority to review the tapes and find out where the alarm was happening. They have now put systems in place so the alarms won't go off. The Housing Authority won't let them be the alarm company's contact because they do not want any liability. But, they did agree to assign a Staff member to check everyday to make sure alarms are off and to appoint an official contact. The Police Department will still be dispatched, but Ms. Patterson and or Mr. Armstead will be given the video to review and to show whether it was a false alarm or not. Ms. Patterson will be able to look at a report once a week.
Manager Arraiz said the Police Department will still be dispatched, but if it is a false alarm, they can waive it. She then announced the stipulation between the parties to resolve the fines.
The Special Magistrate found Boys & Girls Club responsible for the violations. She ordered the fines to be reduced to 10% of the total fines or a total of $690.00. In addition to the $690.00, the balance of the fines will be supplemented by the catching/netting of stray chickens and cleaning up debris and trash on Avenue D from 25th Street to 33rd Street. This order shall be forwarded to Cry Wolf for processing.
B.
| 18-2890 Alarm Appeal Cont from 2/20/2019 |
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 | 1 | 0 |
| 10/18/2017 | 14-24 – Excessive false alarm signals | Commercial | 2 | $100.00 |
| 10/25/2017 | 14-24 – Excessive false alarm signals | Commercial | 3 | $200.00 |
| 11/8/2017 | 14-24 – Excessive false alarm signals | Commercial | 4 | $400.00 |
| 11/9/2017 | 14-24 – Excessive false alarm signals | Commercial | 5 | $500.00 |
| 11/19/2017 | 14-24 – Excessive false alarm signals | Commercial | 6 | $500.00 |
| 11/27/2017 | 14-24 – Excessive false alarm signals | Commercial | 7 | $500.00 |
| 1/4/2018 | 14-24 – Excessive false alarm signals | Commercial | 8 | $500.00 |
| 1/21/2018 | 14-24 – Excessive false alarm signals | Commercial | 9 | $500.00 |
| 2/16/2018 | 14-24 – Excessive false alarm signals | Commercial | 10 | $500.00 |
| 5/25/2018 | 14-24 – Excessive false alarm signals | Commercial | 11 | $500.00 |
| 5/25/2018 | 14-24 – Excessive false alarm signals | Commercial | 12 | $500.00 |
| 7/7/2018 | 14-24 – Excessive false alarm signals | Commercial | 13 | $500.00 |
| 7/23/2018 | 14-24 – Excessive false alarm signals | Commercial | 14 | $500.00 |
| 7/29/2018 | 14-24 – Excessive false alarm signals | Commercial | 15 | $500.00 |
| 8/15/2018 | 14-24 – Excessive false alarm signals | Commercial | 16 | $500.00 |
| 8/28/2018 | 14-24 – Excessive false alarm signals | Commercial | 17 | $500.00 |
| 9/18/2018 | 14-24 – Excessive false alarm signals | Commercial | 18 | $500.00 |
| 9/18/2018 | 14-24 – Excessive false alarm signals | Commercial | 19 | $500.00 |
| 10/2/2018 | 14-24 – Excessive false alarm signals | Commercial | 20 | $500.00 |
| 10/11/2018 | 14-24 – Excessive false alarm signals | Commercial | 21 | $500.00 |
| 10/13/2018 | 14-24 – Excessive false alarm signals | Commercial | 22 | $500.00 |
| 10/15/2018 | 14-24 – Excessive false alarm signals | Commercial | 23 | $500.00 |
| 11/5/2018 | 14-24 – Excessive false alarm signals | Commercial | 24 | $500.00 |
| 11/5/2018 | 14-24 – Excessive false alarm signals | Commercial | 25 | $500.00 |
| 11/16/2018 | 14-24 – Excessive false alarm signals | Commercial | 26 | $500.00 |
| 11/29/2018 | 14-24 – Excessive false alarm signals | Commercial | 27 | $500.00 |
| 01/05/2019 | 14-24 – Excessive false alarm signals | Commercial | 28 | $500.00 |
| 01/30/2019 | 14-24 – Excessive false alarm signals | Commercial | 29 | $500.00 |
| 02/04/2019 | 14-24 – Excessive false alarm signals | Commercial | 30 | $500.00 |
| Total False Alarm Fines | 30 | $13,700.00 |
This report is the same as the previous minutes.
Code Compliance Manager Arraiz presented the case. She said City Manager Nick Mimms and Will Armstead with the Boys & Girls Club met with the Ft Pierce Housing Authority to see what could be done to remedy the false alarms.
Susanne Patterson and Will Armstead were sworn in. Mr. Armstead said they met with the Housing Authority to review the tapes and find out where the alarm was happening. They have now put systems in place so the alarms won't go off. The Housing Authority won't let them be the alarm company's contact because they do not want any liability. But, they did agree to assign a Staff member to check everyday to make sure alarms are off and to appoint an official contact. The Police Department will still be dispatched, but Ms. Patterson and or Mr. Armstead will be given the video to review and to show whether it was a false alarm or not. Ms. Patterson will be able to look at a report once a week.
Manager Arraiz said the Police Department will still be dispatched, but if it is a false alarm, they can waive it. She then announced the stipulation between the parties to resolve the fines.
Code Compliance Manager Arraiz presented the case. She said City Manager Nick Mimms and Will Armstead with the Boys & Girls Club met with the Ft Pierce Housing Authority to see what could be done to remedy the false alarms.
Susanne Patterson and Will Armstead were sworn in. Mr. Armstead said they met with the Housing Authority to review the tapes and find out where the alarm was happening. They have now put systems in place so the alarms won't go off. The Housing Authority won't let them be the alarm company's contact because they do not want any liability. But, they did agree to assign a Staff member to check everyday to make sure alarms are off and to appoint an official contact. The Police Department will still be dispatched, but Ms. Patterson and or Mr. Armstead will be given the video to review and to show whether it was a false alarm or not. Ms. Patterson will be able to look at a report once a week.
Manager Arraiz said the Police Department will still be dispatched, but if it is a false alarm, they can waive it. She then announced the stipulation between the parties to resolve the fines.
The Special Magistrate found Boys & Girls Club responsible for the violations. She ordered the fines to be reduced to 10% of the total fines or a total of $1,340.00. In addition to the $1,340.00, the balance of the fines will be supplemented by the catching/netting of stray chickens and cleaning up debris and trash on Avenue D from 25th Street to 33rd Street. This order shall be forwarded to Cry Wolf for processing.
C.
| 19-676 Alarm Appeal |
4171 Orange Ave | Orange Ave Mobil | Cynthia Ricker |
| Case Initiated: | October 24, 2019 | Type of Presentation: | False alarm appeal |
| APPELLATE: Orange Ave Mobil Mohammed Chowdhury 4171 Orange Ave Fort Pierce, FL 34947 |
| Date of Alarm | Code Section | Bldg. Type | False Alarm # | Total Due |
| 5/7/2018 | 14-24 – Excessive false alarm signals | Commercial | 0 | 0 |
| 6/3/2018 | 14-24 – Excessive false alarm signals | Commercial | 1 | $100.00 |
| 6/4/2018 | 14-24 – Excessive false alarm signals | Commercial | 2 | $200.00 |
| 6/7/2018 | 14-24 – Excessive false alarm signals | Commercial | 3 | $400.00 |
| 6/8/2018 | 14-24 – Excessive false alarm signals | Commercial | 4 | $500.00 |
| Total False Alarm Fines | $1,200.00 |
Alarm Co-ordinator Ricker read the facts of the case stating it was a continuation from the previous hearing.
Mohammed Chowdhury was sworn in. He said he has contacted the alarm company to call him and not the store. He gave them his cell phone number.
Code Compliance Manager Arraiz said the false alarm count will remain the same; but if there are no false alarms before June, the count will reset.
Mohammed Chowdhury was sworn in. He said he has contacted the alarm company to call him and not the store. He gave them his cell phone number.
Code Compliance Manager Arraiz said the false alarm count will remain the same; but if there are no false alarms before June, the count will reset.
The Special Magistrate found Orange Avenue Mobil responsible for the violations. She reduced the fines to $600.00 payable in 90 days or the fines would revert back to the original amount. She did not reset the false alarm count leaving it at 4. This order shall be forwarded to Cry Wolf for processing.
D.
| 19-758 Alarm Appeal |
611 Gardenia Ave |
Church of the Nazarene |
Cynthia Ricker |
| Case Initiated: | November 28, 2018 | Type of Presentation: | False Alarm Appeal |
| APPELLATE: Church of the Nazarene Rev. Sean Carr 611 Gardenia Ave Fort Pierce, FL 34982 |
| Date of Alarm | Code Section | Bldg. Type | False Alarm # | Total Due |
| 12/9/2017 | 14-24 – Excessive false alarm signals | Commercial | 0 | 0 |
| 3/20/2018 | 14-24 – Excessive false alarm signals | Commercial | 1 | $100.00 |
| 6/26/2018 | 14-24 – Excessive false alarm signals | Commercial | 2 | $200.00 |
| 7/24/2018 | 14-24 – Excessive false alarm signals | Commercial | 3 | $400.00 |
| 11/12/2018 | 14-24 – Excessive false alarm signals | Commercial | 4 | $500.00 |
| 11/19/2018 | 14-24 – Excessive false alarm signals | Commercial | 5 | $500.00 |
| Total False Alarm Fines | 6 | $1,700.00 | ||
| Paid | $700.00 | |||
| Remaining balance | $1,000.00 |
Alarm Co-ordinator Cynthia Ricker read the facts of the case. She said they paid $700.00 but was appealing the balance due of $1,000.00.
Reverend Sean Carr was sworn in for testimony. He said his appeal is for numbers 4 and 5. He said on November 12 and November 19 the alarm company called the past pastors and some members of the congregation before getting to him. He told them not to send the Police Department but they arrived just minutes after his response. After the November 19th call and the Police Department arriving about 15 minutes after the alarm company was told not to send them, he called the company and asked them to check the alarms. They did not service it properly so he stopped using the alarm system.
Code Compliance Manager Arraiz said they did confirm this information and the Police did respond in just a couple of minutes. The typical response time is 15 to 20 minutes. They would be willing to waive the November 12 alarm and it was up to the Special Magistrate what to do with the November 19th and the false alarm count.
Reverend Carr said they were in the process of updating their system and would like to get this matter cleared up first. He appreciated any reduction, but asked for the false alarm count to be reset to the July date. He said it would be easier to get the new equipment.
Reverend Sean Carr was sworn in for testimony. He said his appeal is for numbers 4 and 5. He said on November 12 and November 19 the alarm company called the past pastors and some members of the congregation before getting to him. He told them not to send the Police Department but they arrived just minutes after his response. After the November 19th call and the Police Department arriving about 15 minutes after the alarm company was told not to send them, he called the company and asked them to check the alarms. They did not service it properly so he stopped using the alarm system.
Code Compliance Manager Arraiz said they did confirm this information and the Police did respond in just a couple of minutes. The typical response time is 15 to 20 minutes. They would be willing to waive the November 12 alarm and it was up to the Special Magistrate what to do with the November 19th and the false alarm count.
Reverend Carr said they were in the process of updating their system and would like to get this matter cleared up first. He appreciated any reduction, but asked for the false alarm count to be reset to the July date. He said it would be easier to get the new equipment.
The Special Magistrate found Church of the Nazarene responsible for the violations. She waived the fire alarm fine dated November 12, 2018. She reduced the fines to $350.00 payable in 30 days. She reset the number of false alarms back to July 24, 2018. This order shall be forwarded to Cry Wolf for processing.
9.
NEW BUSINESS
10.
OLD BUSINESS
Adjourned: 9:50 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk