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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, APRIL 3, 2019.
 
1.
CALL TO ORDER:
9:12 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Heather Debevec
Code Enforcement Officer - Vince Alesi
Cynthia Ricker - Alarm Coordinator
BJ Gasparre - Animal Control Officer
Ricardo Pellot - Animal Control Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-256
Parking - PD
109 N 29th St Jackson, Tarrence Alex
#2444
#8726 E. Paulvil
 
Case Initiated: January 21, 2019 Type of Presentation: Citation
 
VIOLATOR:
Tarrence Alex Jackson
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2444 10-23 Parking Regulation
Vehicle Parked on Sidewalk
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
19-257
Parking - PD
109 N 29th St Dobson, Nicholas Ladell
#2445
#8726 Paulvil
 
Case Initiated: January 21, 2019 Type of Presentation: Citation
 
VIOLATOR:
Nicholas Ladell Dobson
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2445 10-23 Parking Regulation
Parked on Sidewalk
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
3.
19-0367
Parking - PD
Marina Way /Melody Lane Ean Holdings, LLC
 #5020PK           
Vincent Alesi
 
Case Initiated: February 06, 2019 Type of Presentation: Citation
 
VIOLATOR:
EAN HOLDINGS, LLC
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
  5020PK   10-23(O) Parking Regulation   
          No Parking Zone                  
    $50.00/1 $50.00 $10.00  $18.00  $78.00
 
4.
19-446
CE - CM
112 North 21st Street Jean, Josbeth Heather Debevec
 
Case Initiated:| February 13, 2019 Type of Presentation: Regular
 
OWNER:
Josbeth Jean
521 Purce St
Hillside, NJ 07205 
TENANT:
Joseph Jean
112 N 21st St
Ft. Pierce, FL 34950 

Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
 
5.
18-2889 Alarm
Appeal - Cont 4/17/19
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.
18-0591
CE - CM
1393 Bayshore Drive
 
Wynne Building Corp
 
Heather Debevec
 
 
Case Initiated: | March 20, 2017 Type of Presentation: Regular
 
OWNER:
Wynne Building Corp
8000 S US Highway 1 Ste 402
Port St. Lucie, FL 34952
REGISTERED AGENT:
Joel Wynne
8000 S US Highway 1 Ste 402
Port St. Lucie, Fl 34952
MAILING ADDRESS:
Wynne  Building Corp
12804 SW 122 Ave
Miami, FL 33186
EMAIL MANAGER:
Steve Rodriguez
wbcsteve@yahoo.com
 

Section(s): 16-46, 16-47, 16-48 (4) - Nuisance as a Condition
 
7.
18-2890 Alarm
Appeal - Cont 4/17/19
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
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-634
Parking Appeal
South Causeway Hoeffer, Aaron
#2757
#4919 G. Montgomery
 
Case Initiated: February 24, 2019 Type of Presentation: Citation
 
VIOLATOR:
Aaron Hoeffer
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2757 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Fort Pierce Police Officer Guy Montgomery was sworn in.  He read the facts of the case.  He said Mr. Hoeffer drove over the sidewalk to park on the grass.  This is an area that has signs marked "park in designated areas only".  He tried to find him to ask him to move but was unable to.  He said you have to drive across the sidewalk to get to this area.

Aaron Hoeffer was sworn in.  He said he saw no signs saying he couldn't park there.  There was nothing about the grass or the sidewalk either.

Code Compliance Manager Arraiz said they have received several such complaints.  The City can't mark every right of way, sidewalk , and any other spots that are State regulated for no parking; they mark the spots where you can park. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 as indicated payable within 30 days of the hearing date. She waived the administrative fee of $10. 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.
19-0212
Parking
113 N 2nd St Williams, Shakesha Nicole
#5197PK            
Vincent Alesi
 
Case Initiated: January 23, 2019 Type of Presentation: Citation
 
VIOLATOR:
Shakesha Nicole Williams
PARKING VIOLATION:
 
 
Citation# Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5197PK 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 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.
19-0330
Parking
S/S Marina Way & N2nd  St        Pugliese, Robert James 
#5011        
Vincent Alesi

Case Initiated: February 01, 2019 Type of Presentation: Citation

VIOLATOR:
Robert James Pugliese
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5011PK 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 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.
19-349
AC
608 Cedar Street Duff, Roderick
#732 AC
BJ Gasparre
 
Case Initiated: February 9, 2019 Type of Presentation: Citation
 
VIOLATOR:
Roderick Duff
VIOLATION:
Citation: 732 AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC   Surcharge Total Due
732 AC 4-24 (D) Animal confined in Vehicle  6 @ $250.00 $1,500.00 $0.00 $5.00 $1,505.00
Animal Control Officer Gasparre read the facts of the case.  She said this case started as a welfare check as the cats were being kept in wire cages.  After speaking to Mr. Duff they were supposed to go to his sister's home.  When he took them there, she wasn't home. He returned home and kept them in the van overnight.  Officer Gasparre got another call and she went back out to his home. She found the cats in the van, they were overheated and Mr. Duff was no where to be found.  She called Sharon Cooper of Operation Catsnip and she was told to return the cats to foster care.

Roderick Duff was sworn in.  He said his place was unsuitable for keeping cats.  He put them in the van to take to sister's house.  He returned home and BJ took the cats.  He has no cats now. He surrendered them to Operation Catsnip.  He does have a dog.

Code Compliance Manager Arraiz said they would drop all the charges but 1 contingent upon him complying with the other case involving his dog.
 

Special Magistrate found Roderick Duff responsible for the violations and due to the cats being returned to the animal welfare organization, she ordered the count dropped to 1 for a total of $250.00 contingent upon him complying to case number 19-0644 within 30 days. He has 60 days to pay the $250.00. If 19-0644 does not come into compliance within 30 days and he does not pay the $250.00 fee within 60 days the fines will revert back to the original amount and count. Failure to pay such fine would then result in the citation being forwarded to the County Court System where more fines may be assessed.

 
E.
18-3148 
AC
1811 Georgia Ave Sanchez, Miguel Angel
#251AC & 252AC
BJ Gasparre

Case Initiated: January 24, 2019 Type of Presentation: Citation

VIOLATOR:
Miguel Angel Sanchez
VIOLATION:
 Citations: 251AC & 252AC 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
251 AC 4-27 No Rabies Vaccination  2 @ $100.00 $200.00 $0.00 $5.00 $205.00
252 AC 4-50 No City Registration  2 @ $250.00 $500.00 $0.00 $5.00 $505.00
 

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(s) as listed above. 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.
19-343
 AC
25th Citrus Avenue Alvarez, Juan
#281AC, 282AC & 283AC
BJ Gasparre

Case Initiated: January 31, 2019 Type of Presentation: Citation

VIOLATOR:
Juan Alvarez
VIOLATION:
 Citations: 281AC, 282AC & 283AC

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
281 AC 4-27 No Rabies Vaccination 1 @ $100.00 $100.00 $0.00 $5.00 $105.00
282 AC 4-50 No City Registration 1 @ $250.00 $250.00 $0.00 $5.00 $255.00
283 AC 4-21 Running at Large 1 @ $50.00 $50.00 $0.00 $5.00 $55.00
 

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(s) listed above 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.
18-762 AC
Cont. from 3/20/19 meeting
1809 Avenue G

#462
Ryals, Deborah

 
BJ Gasparre

 

Case Initiated: October 20, 2018 Type of Presentation: Citations

VIOLATOR:
Deborah Ryals
VIOLATION:
 Citation 462, 463, 533

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
462 4-24 (C) Restraint-Tethering 1 @ $100.00 $100.00 $.00 $5.00 $105.00
 

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 enterd.

 
H.
19-123
AC
1923 Avenue D Brown, Martin
#590 AC
Ricardo Pellot
 
Case Initiated: January 15, 2019 Type of Presentation: Citation
 
VIOLATOR:
Martin Brown
VIOLATION:
 Citation: 590 AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
590 AC 4-27 Rabies Vaccination Required  4 @ $100.00 $400.00 $0.00 $5.00 $405.00
 

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(s) as listed above within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
I.
19-234 
AC
17th & Delaware Rouse, Jermaine
#593AC & 594AC 
Ricardo Pellot

Case Initiated: January 30, 2019 Type of Presentation: Citation

VIOLATOR:
Jermaine Rouse
VIOLATION:
 Citations:  593AC & 594AC

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
593 AC 4-21 Running at Large 1 @ $50.00 $50.00 $0.00 $5.00 $55.00
594 AC 4-27 No Rabies Vaccination 1 @ $100.00 $100.00 $0.00 $5.00 $105.00
Animal Control Officer Pellot read the facts of the case.  He said the dog was running loose.  He had no rabies and no registration.

Jermaine Rouse was sworn in.  He said he had to build a pen for his dog and he didn't check for the weaknesses in the pen.  That is how the dog got out.  He has since fixed the pen and the dog doesn't get out anymore.  He has had no chance to get the rabies and registration. 

Officer Pellot said they have been out there several times and there are already several citations at the County Court House.

Code Compliance Manager Arraiz asked when he was going to get the rabies done.  He said when he gets around to it. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed as listed above. 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.

 
J.
18-3443
AC
3135 Sunrise
#589
Castillo-Mejia, Nelson
 
Ricardo Pellot
 

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

VIOLATOR:
Nelson Castillo-Mejia
VIOLATION:
 589 AC

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
589 AC
 
4-53 Breeder Registration Required 1 @ $250.00
 
$250.00
 
$0.00
 
$5.00
 
$255.00
 
Animal Control Officer Pellot read the facts of the case.  He said they have had many dealings with Mr. Castillo.  He said when he arrived he found two litters, one was older than the other.

Nelson Castillo was sworn in.  He said he doesn't plan to breed them.  He got the female fixed.  

Code Compliance Manager Arraiz asked if they have had their rabies and did they get the registration?  He said yes.  She asked if they are separated and he said no, they sleep in the same room.  She warned if another litter is born, he will be considered a breeder and the issue will have to be addressed again.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed as above.
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.
19-162
CE
2001 Avenue D Assemblee Evangelique Pour Christ Inc. Heather Debevec

Case Initiated:| January 24, 2019 Type of Presentation: Regular

OWNER:
Assemblee Evangelique Pour Christ Inc
PO Box 51
Ft. Pierce, FL 34954
REGISTERED AGENT:
Odil Deroches
409 SE Skipper Ln
Pt. St. Lucie, FL 34983 

Section 5-370 - Exterior Property and Landscaping
IPMC 304.1 - Exterior Structure - General
IPMC 304.2 - Protective Treatment
Code Officer Debevec read the facts of the case and presented photoes.  She said they cut the tree down but not the right one.  They cut behind the fence.

Olin Carilus was sworn in as a Creole interpreter.  Odil Deroches and Mary Borgela were sworn in for testimony.  Mrs. Borgela said they received the letter but didn't know what it meant.  He said, after speaking to the officer, he knows what has to be done now.

Special Magistrate asked if 30 days was enough time; they said yes.  She said to stay in touch with the officer and if they needed more time, Officer Debevec could assist them.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Assemblee Evangelique Pour Christ Inc. 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.

 
B.
19-407
CE
317 North 18th Street Flores, Raymond
Leal (EST), Guadalupe S
Heather Debevec

Case Initiated:| February 13, 2019 Type of Presentation: Regular

OWNER:
Raymond Flores
Guadalupe S Leal (EST)
317 N 18th St
Ft. Pierce, FL 34950 
 

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 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 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.
19-172
CE
429 North 20th Street Johnson, Sharon Heather Debevec

Case Initiated:| January 24, 2019 Type of Presentation: Regular

OWNER:
Sharon Johnson
4268 Lake Tahoe Cir
West Palm Beach, FL 33409 
 

IPMC 304.2 - Protective Treatment
Section 16-25 (C) - Responsibility for Containers
Code Officer Debevec read the facts of the case and presented photos. 
 
Before continuing Sr. Asst. City Attorney Mosley disclosed she knew the property owner as they lived in the same neighborhood when she lived in West Palm Beach

Sharon Johnson was sworn in.  She said the trash was picked up but she has a tree that has termites and it's close to the house causing the house to lift up.  She said she check with someone with the city to see if she would need a permit to cut down the tree. They told her no.  She said once the tree is taken care of she will pressure clean and paint the house. 

Code Compliance Manager Arraiz asked if she talked with Paul Bertram, the Urban Forester.  She said he is the only City official who can advise her on whether she can cut the tree down or not.
 

The Special Magistrate continued this case for 120 days or the August 7 meeting.

 
D.
19-202
ST
1180 Carlton Court 204A Malizia, David
Malizia, Donna
Heather Debevec
 
Case Initiated:| January 25, 2019 Type of Presentation: Regular
 
OWNER;
David J Malizia
Donna K Malizia
937 Edwards Rd
Ft. Pierce, FL 34982 

 

Section 9-25 - Proof of Business Activity; Burden of Proof on Applicant
Section 9-27 (B) - Doing Business without a Tax
 

The Special Magistrate found that the violation did exist but has been cured as of the date of this hearing. The violators shall be warned that if these violations re-occur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
18-1981
Massey
1510 San Diego Avenue Rhaheed, Donique Heather Debevec

Case Initiated:  July 20, 2018 Type of Presentation: Massey - Stop Fines

OWNER:
Donique Rhaheed
1510 San Diego Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

IPMC 304.7 Roofs and Drainage
Section 5-73 House Numbers
Code Officer Debevec read the facts of the case and presented photos marked as Exhibit 1. She said the house numbers were in compliance but the roof shingles still need to be replaced. 

Donique Rhaheed Clark was sworn in.  She said the notice was sent to the property address, but she wasn't living there at the time.  She had not changed her address with the property appraiser's office until recently.  She works out of town and was in Chicago when the violations began accruing fines.  She said she found out about this by seeing her name on the website for a hearing.  She immediately contacted the officer, Heather Debevec, who told her what she would need to do to bring the property into compliance.

She said she applied for the permit and had to go out of town again for her job.  She gave the paperwork to her Dad to deliver, but he forgot. 
When she got back into town she got married in December and forgot about the violations.  She got the notice about the fines and contacted Officer Debevec and asked for more time.  She was told to go before the Special Magistrate and ask for the fines to be stopped to give her a chance to comply.  
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing for 60 days to allow property owner to correct the violations. If not corrected within this time the fines will begin again and a lien filed with the St. Lucie County Clerk of Court.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
ADDED ON ITEM
15-1542
Lien Reduction
2206 Avenue N
 
Anglin, Alma
 
Margaret Arraiz
 

Case Initiated:  September 10, 2015 Type of Presentation:  Lien Reduction

PREVIOUS OWNER:
Alaric Anglin
1910 Juanita Avenue
Ft. Pierce, FL 34946
CURRENT OWNER:
Alma Anglin
1910 Juanita Avenue
Ft. Pierce, FL 34946

5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Window & Door Frames
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 604.3.2.1 Fire Damaged Electrical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 304.7 Roofs and Drainage
IPMC 704.1 Fire Protection Systems
 
Code Compliance Manager Arraiz read the facts of the case and recommended reducing the lien to the previously approved reduced acount.

Marshall Copley was sworn in as agent for Alma Anglin.  Alma Anglin was sworn in.  They agreed to the reduction.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $14,030.00 to $750.00 that would include the City Commission's administrative fee of $250.00 and payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
B.
ADDED ON ITEM
08-2299
Lien Reduction
2206 Avenue N
 
Anglin, Alma
 
Margaret Arraiz
 

Case Initiated: July 11, 2008 Type of Presentation: Lien Reduction

OWNER:
Alma Anglin
1910 Juanita Avenue
Ft. Pierce, FL 34946
OCCUPIED BY:


 

Section(s) - 5-368 Property Maintenance
Section(s) - 16-46, 16-47, 16-48 Nuisance as a Condition
Section(s) - 16-46, 16-47, 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz read the facts of the case and recommended reducing the lien to the previously approved reduced amount.

Marshall Copley was sworn in as agent for Alma Anglin.  Alma Anglin was sworn in.  They agreed to the reduction.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $17,000.00 to $1,500.00 that would include the City Commission's administrative fee of $250.00 and payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
8.
OTHER CASES
 
A.
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.

Mohammed Chowdhury was sworn in.  He said in 2014 & 2015 he had several break-ins or attempted break-ins.  He had the company move the alarms closer to the door.  When someone trys to open the door in the early morning hours the alarm goes off. But, the alarm company doesn't notify him.  Instead they send the police and most of the time it's been false alarms. 
 
Special Magistrate Ross asked him again if anyone from the store is contacted and he said no, not that he knows of.  She said that is very unusual and continued the case until May 1 to give him time to contact the alarm company and confirm that no one was notified.
 

The Special Magistrate continued this case for 30 days to allow time for Mr. Chowdhury to obtain proof of the break-ins. Next meeting May 1.

 
9.
NEW BUSINESS:

Samantha Legere was introduced as a student intern. She said she had graduated from University of South Florida and was now going to law school. She was shadowing Special Magistrate Ross for the day.
 
10.
OLD BUSINESS
Meeting Adjourned: 10:30 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk