Skip to main content

AgendaQuick™

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 20, 2019.
 
1.
CALL TO ORDER:
9:05 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
Alarm Co-ordinator - Cynthia Ricker
Animal Control Officer - Barbara (BJ) Gasparre
Animal Control Officer - Kenny Nelson
Animal Control Officer - Ricardo Pellot
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-0096 
Parking #5156 PAID
S/S Marina Way & IRD Campbell, Kelli Lynn Vincent Alesi
 
Case Initiated: January 12, 2019 Type of Presentation: Citation
 
VIOLATOR:
Kelli Lynn Campbell
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5156 PK 10-23(S) Parking Regulation
  Parked on Grass (ROW)    
    $50.00 / 1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
2.
19-0099 
Parking #5159 PAID
Marina Lot / Opposite Cobb’s Landing Kennedy,Alisha Renee’ Vincent Alesi
 
Case Initiated: January 12, 2019 Type of Presentation: Citation
 
VIOLATOR:
Alisha Renee’ Kennedy
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5159 PK 10-23D Parking Regulation
Parked in Street,Obstructing    
    $50.00 / 1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
3.
19-0101 
Parking #5161 PAID
Marina Lot/Marina  Way&IRD Lloyd, Perry Richard Vincent Alesi
 
Case Initiated: January 12, 2019 Type of Presentation: Citation
 
VIOLATOR:
Perry Richard LLoyd
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5161 PK 10-23 (O) Parking Regulation
Parked in No Parking Zone/Yellow Striped   
    $50.00 / 1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
4.
19-0103 
Parking #5163 PAID
Marina Lot/Marina  Way & IRD Johnson, Michelene Vincent Alesi
 
Case Initiated: January 12, 2019 Type of Presentation: Citation
 
VIOLATOR:
Micheline Johnson
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5163 PK 10-23 (O) Parking Regulation
Illegally Parked (Not a Space)   
    $50.00 / 1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
5.
19-0178
Parking #5189 PAID
131 Melody Lane Russ, Kimberely Anne   Vincent Alesi
 
Case Initiated: January 22, 2019 Type of Presentation: Citation
 
VIOLATOR:
Kimberely Anne Russ
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5189PK  10-23 (T) Parking Regulation  Parked Opposite Traffic Flow     $50.00 / 1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
6.
19-0185
Parking #5191 PAID
205 Orange Ave Dunn, Staci Lynn       Vincent Alesi
 
Case Initiated: January 22, 2019 Type of Presentation: Citation
 
VIOLATOR:
Staci Lynn Dunn
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
5191PK 10-23 (P) Parking Regulation
2 Hour Parking
    $50.00 / 1  
$50.00
 
$10.00  $18.00  
$78.00
 
 
7.
19-0141
Parking #5178
RESCHEDULE 
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
 
 
8.
19-472
Parking Appeal
PAID
E/S IRD & Ave B

 
Kidd, Leonard
#5042

 
Vincent Alesi


 
 
Case Initiated: February 16, 2019 Type of Presentation: Citation
 
VIOLATOR:
Leonard A Kidd
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
5042 10-23 (S) Parking Regulation
 Parked on Grass - ROW
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
 
9.
19-622 AC Appeal
Re-scheduled
1201 Avenue J, Unit B
#745AC, 746 AC, 748 AC, 749 AC, 750 AC
Ornis, Loupson

 
BJ Gasparre

 
 
Case Initiated: February 28, 2019 Type of Presentation: Citation
 
VIOLATOR:
Loupson Ornis
ANIMAL CONTROL VIOLATIONS:
 
 
Citation # Code Section Fine / Counts Total Fine Admin
Fee
AC Surcharge Total Due
745 AC 4-27 Rabies Vaccination  1 @ $100.00  $100.00  $0.00  $5.00 $105.00
746 AC 4-5 Registration  1 @ 250.00  $250.00  $0.00  $5.00 $255.00
748 AC 4-22 Tethering  1 @ $100.00  $100.00  $0.00  $5.00 $105.00
749 AC 4-24 Animal Abuse, Cruelty or Neglect  1 @ $500.00  $500.00  $0.00  $5.00  $505.00
750 AC 4-26 (B) Dispose of Dead Animals  1 @ $50.00  $50.00  $0.00  $5.00  $55.00
  TOTAL CHARGES & SURCHARGE   $1000.00 $0.00 $25.00 $1025.00
 
10.
19-676
Alarm Appeal
Re-scheduled
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
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-0097 
Parking #5157
S/S Marina Way & IRD Borden, Christina Vincent Alesi
 
Case Initiated: January 12, 2019 Type of Presentation: Citation
 
VIOLATOR:
Christina Borden
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5157 PK 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.

 
B.
19-0118 
Parking #5170
Marina Lot/Marina  Way & IRD Greany, Bernard Wayne Vincent Alesi
 
Case Initiated: January 15, 2019 Type of Presentation: Citation
 
VIOLATOR:
Bernard Wayne Greany
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5170 PK 10-23 (O) Parking Regulation 
Parked in Yellow Stripped ZN
    $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.
19-0121
Parking #5173
Library Lot
IRD & Melody Lane
The Shop of Vero One LLC Vincent Alesi
 
Case Initiated: January 15, 2019 Type of Presentation: Citation
 
VIOLATOR:
The Shop of Vero One LLC
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5173 PK 10-23 (O) Parking Regulation  Parked in White Stripped ZN     $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.
19-0139 
Parking #5177
Marina Lot
Marina Way & Melody Lane
Perez Jr, Victor Manuel Vincent Alesi
 
Case Initiated: January 16, 2019 Type of Presentation: Citation
 
VIOLATOR:
Victor Manuel Perez Jr
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 5173PK 10-23 (O) Parking Regulation  Parked in White Stripped 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.

 
E.
18-2972 
Parking Appeal
 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
 
Code Officer Alesi read the facts of the case and presented photos marked as composit Exhibit 1.  

Kelly Blankenbaker was sworn in.  She said she wasn't contesting the 2 hour parking but she was contesting the repeat violator.  She works on 2nd Street at the beauty shop.  Another girl has had at least 4 tickets but doesn't have to pay a $100.00 fine. She has to move her truck every two hours.  She has a young child and a service dog and doesn't feel comfortable walking in town at dark. She said her truck sticks out like a sore thumb and she feels she is a code enforcement target.

Special Magistrate Ross said the 2 hour parking limit is up at 5:30 pm.  She could park in the parking garage until 5:30 pm and then move her truck to a closer location.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $100.00 as indicated plus the administrative charges of $10.00 for a total amount due of $110.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
F.
19-175
Parking Appeal
130 N 2nd St Cummins, Teej Walker
#5186
Vincent Alesi
 
Case Initiated: January 19, 2019 Type of Presentation: Citation
 
VIOLATOR:
Teej Walker Cummins
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
5186 10-23 (T) Parking Regulation
 Parked opposite traffic flow
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
 

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.
19-400
Parking Appeal
E/S IRD & N of Marina Way Zambelli, Stephen
#5033
Vincent Alesi
 
Case Initiated: February 9, 2019 Type of Presentation: Citation
 
VIOLATOR:
Stephen Zambelli
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
5033 10-23 (S) Parking Regulation
 Parked on Grass - ROW
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.

Stephon Zambelli was sworn in.  He said there were other cars parked on the grass also.  He didn't know if they were there when the officer cited him.  Officer Alesi said if there were other cars they were cited also.  Mr. Zambelli said it was on him not to know what the yellow lines were for.  He feels he should have gotten a written warning rather than a ticket.  He had a couple of seniors with him and they were there on Saturday for the Farmer's Market.  There is very little parking but he will be aware of the yellow lines for now on.

Code Compliance Manager Arraiz mentioned the tram that is running on Saturdays.  She said he could park in the garage, catch the tram, and it would take them where ever they wanted to go.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 and waived the administrative charges of $10.00. 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.
18-2591 AC
cont. from 2/6/19
meeting
3103 Avenue D

#468, 469, & 497
Marshall, Tykeyah

 
BJ Gasparre

 
 
Case Initiated: November 7, 2018 Type of Presentation: Citation
 
VIOLATOR:
Tykeyah Marshall
VIOLATION:
 Citation 468,469 & 497
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
468 4-50 Registration Required 1 @ $250.00 $250.00 $.00 $5.00 $255.00
469 4-21 Running @ Large
3100 Block Avenue D
1 @ $50.00 $50.00 $.00 $5.00 $55.00
497 4-27 Rabies Vaccination Required 1 @ $100.00 $100.00 $.00 $5.00 $105.00
  TOTAL FINES & SURCHARGE         $415.00
 

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 #468 - $250.00 plus $5.00 administrative fees for a total of $255.00.
Citation #469 - $ 50.00 plus $5.00 administrative fees for a total of $ 55.00.
Citation #497 - $100.00 plus $5.00 administrative fees for a total of $105.00

Failure to pay the total amount of $415.00 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.
18-762 AC
Cont. from 2/6/19 meeting
1809 Avenue G

#462, 463, & 533
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
463 4-50 Registration Required 1 @ $250.00 $250.00 $.00 $5.00 $255.00
533 4-27 Rabies Vaccination Required 1 @ $100.00 $100.00 $.00 $5.00 $105.00
  TOTAL FINES & SURCHARGE DUE         $465.00
Animal Control Officer Gasparre read the facts of the case.  She said she went by this morning and the dog was still tethered.  Her husband, Kevin, thought he had 45 days to comply.  They still needed to get a kennel.

Jannice Douglas of United for Animals was sworn in.  She said they would help her get a kennel.  She said the dog has been neutered and they would help to transport the pen once Kevin purchased it.

Deborah said the pen has been purchased from Lowes and it's been raining or they would have it by now.

In the meantime, Officer Gasparre, said she had to get a collar for the dog.  
 

After hearing the Animal Control Officer's and the animal owner's testimony Special Magistrate continued this case until the next hearing date.

 
J.
18-15
Cont AC 11/14
907 Avenue I
#502 & 503
Shivers, Willie & Lesesne, Gloria
 
 Kenny Nelson
 
 
Case Initiated: January 30, 2018 Type of Presentation: Citation
 
VIOLATOR:
Willie Shivers & Gloria Lesesne
VIOLATION:
 City Registration & Rabies Vaccination Required
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
502 AC 4-27 Rabies Vaccination 5 @ $100.00 $500.00 $5.00 $.00 $500.00
503 AC 4-50 City Registration 5 @ $150.00 $750.00 $5.00 $.00 $750.00
Animal Control Officer Nelson read the facts of the case.  He said Mr. Shivers has been working with them.  He has built a pen and a dog shed.  He has had two dogs sterialized.

Willie Shivers & Gloria Lesesne were sworn in.  He said he would get one of the dogs registered today and needed a little time to get the other one done.  He had plans to breed these two dogs.  He was advised to get a breeder's license.
 

For Citation #502 ?the Special Magistrate found that the violation did exist but has been cured as of the date of this hearing. The violators shall be warned that if these violations re-occur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.

For Citation 503 the Special Magistrate continued the case until the May 1 hearing.

 
K.
18-3210
AC
428 N 20th Street Hudson, Ashlae
#555 AC & 556 AC
Kenny Nelson
 
Case Initiated: December 5, 2018 Type of Presentation: Citation
 
VIOLATOR:
Ashlae Hudson
VIOLATION:
 Citation #: 555 AC & 556 AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC  Surcharge  Total Due
555 AC  4-50 City Registration Required  2 @ $250.00 $500.00 $0.00 $5.00 $505.00
556 AC  4-24 Open Space Required  2 @ $100.00  $200.00 $0.00 $5.00 $205.00
Animal Control Officer Nelson read the facts of the case.  He said in July 2018 he issued warnings for Ashlae to obtain rabies, registration, and tethering.  He has been trying to work with her but she has done nothing.  She has provided no shelter, they have no room to move, and are left out in terrible conditions.  She has now turned the dogs over to us.

Jannice Douglas, United for Animals, said they have been trying to work with her since May 2018.  The dogs were living in terrible conditions and there future is questionable.

Ashlae Hudson was sworn in.  She said she had nothing to say; just how much do I owe.
 

Due to the dogs being turned over to the Animal Control, the Special Magistrate dismissed Citation 555. She found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed as follows; unless, the violations are brought into compliance within the expiration date:

Citation #556 - $200.00 plus an AC surcharge of $5.00 for a total of $205.00 payable in 45 days. Failure to pay the total amount prior to the expiration date will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-237
CE
1610 N 18th Street McNeil, Nancy Heather Debevec
 
Case Initiated:| January 30, 2019 Type of Presentation: Regular
 
OWNER:
Nancy McNeil
1610 N 18th Street
Ft. Pierce, FL 34950 

 

Section 16-46-, 16-47, 16-48 - Hanging Clothes on Fence- CM
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage- CM
Section 16-46, 16-47, 16-48 (10)(D) - Non Operable Vehicle
 

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.

 
B.
19-0074 
CE
507 North 14th Street Camille, Serge Heather Debevec

Case Initiated:| January 16, 2019 Type of Presentation: Regular

OWNER:
Serge Camille
4560 NW 49 CT
Coconut Creek, FL 33073 
 

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.
18-2943
CE
 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
 

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.

 
D.
19-109 
Vac. Rental
1218 S 11th Street
 
Arenas, Raul N
 
Isaac Saucedo
 

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
Code Compliance Manager Arraiz read the facts of the case.  She said Mr. Arenas was brought before the Special Magistrate in 2017 and because he took the ads down a Review & Determination Order was issued.  He applied for a conditional use permit but was denied.  The ad is back up.  It advertises minimum of 5 nights on Home Away (Exhibit 1) and 30 nights on Vacation Rental by Owner (Exhibit 2).  He is not allowed to advertise on Vacation Rental by Owner as this site is for long term rentals.  As he is a repeat offender, the City is requesting a fine be assessed.

Alexzander Gonano, legal adviser for Mr. Arenas said the City had no basis for finding a violation.  He referred to section 9-25 and 9-27 (B).  He provided copies of leases marked as Exhibit 3 & 4 showing the unit was rented on August 1, 2018 for 6 months and 1 day.  He renewed the lease on February 1, 2019 good thru July 1, 2019.  He said the ads read they can be no less than 6 months.  The ads have been taken down.  Mr. Arenas should be allowed to rent his residence as long as it is not for less than 6 months.

Mrs. Arraiz pulled the sections up on the screen and read them aloud.  She said there are certain web sites for long term rental and 6 months is considered long term.  The web site advertising a 30 day minimum was put on a short- term rental web site.  He has been told several times not to use this web site.

Special Magistrate Ross asked who John Kevin Thompson and his 2 guests are.  She asked why he wasn't present to testify.  She also asked if Mr. Thompson was named on both leases and why he didn't just do a years lease?  Mr. Gonano said he didn't know why, but after staying 6 months he may have decided he liked it enough he leased it again.  The Special Magistrate said it was Mr. Arena's burden of proof and finds it strange that Mr. Thompson has 2 separate 6 month rentals and 2 guests.  What stops him from renting the property to his guests?  Mr. Gonano said he doesn't know; but, there is no evidence that he is.  

Mr. Gonano said if she wanted to continue this he could get Mr. Thompson to come in.

Mrs. Arraiz said that per the City's ordinance, the advertisement is conclusive evidence of the business and required no proof a business took place.  This is the 3rd time; therefore, he is a repeat violator.  

The Special Magistrate asked why Mr. Arenas doesn't get a Business Tax Receipt.  Mrs. Arraiz said he couldn't because he was denied a conditional use permit by the City Commission.  Neither has he appealed their denial.  Staff stipulates the ads are down.  The ads advertise short term rentals rather than long term.  This is the 3rd time the problem has been addressed.
 

Special Magistrate found the violator, Raul N. Arenas offered his dwelling for less than six months without a Business Tax Receipt. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $2,970.00 is to be assessed payable within 60 days. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
18-2590
Massey
529 N 11th Street
Telephone Conference Call
Parker, Donnie Heather Debevec

Case Initiated:  October 17, 2018 Type of Presentation: Massey - Stop Fines

PREVIOUS OWNER (deceased):
Donnie Parker
529 N 11th Street
Ft. Pierce, FL 34950

 
REPRESENTATIVE (sister):
La Verne Thomas
P. O. Box 6283
Tallahassee, FL 32314
lathomas1207@gmail.com
Telephone: (850) 284-1081

IPMC 304.1- Exterior Structure - General
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 5-370 - Exterior Property and Landscaping
IPMC 304.2 - Protective Treatment
Section 5-1.104.5- Unsafe Building (Covered Windows)
Code Compliance Manager Arraiz read the facts of the case.  Staff attempted to make contact by telephone but there was no answer.  Staff recommended an extension of 90 days.
 

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 90 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
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Adjourned: 10:30 am
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk