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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, MAY 1, 2019.
 
1.
CALL TO ORDER:
9:20 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Vince Alesi - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Ricardo Pellot - Animal Control Officer
Barbara J Gasparre - Animal Control Officer
#4919 Guy Montgomery - Fort Pierce Police Department
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-848 PK
Dismissed
22 Fisherman's Wharf
TELEPHONE CONF
Arnoudse, Mark
#2006
#7045 J Coleman
Failed to appear
 
Case Initiated: March 28, 2019 Type of Presentation: Citation
 
VIOLATOR:
Mark Arnoudse
PARKING VIOLATION:
 Cit #2006
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2006 10-23 Parking Regulation
 
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
 
2.
19-605 PK
Paid
117 N 5th St
 
Kingston, Joseph
#5077
Vincent Alesi
 
 
Case Initiated: March 9, 2019 Type of Presentation: Citation
 
VIOLATOR:
Joseph Mortimer Kingston
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#5077 10-23 (T) Parking Regulation
 Parked opposite traffic flow
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
3.
19-840 PK  Appeal - Cont.  IRD East Side by Cobbs
 
Reagle, Christopher
#9885
Heather Debevec
 
 
Case Initiated: March 30, 2019 Type of Presentation: Citation
 
VIOLATOR:
Christopher Reagle
PARKING VIOLATION:
 Cit # 9885
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
# 9885 10-23 (S) Parking Regulation
 Parked on ROW
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
 
4.
19-623 AC
Continued
1201 Avenue J
 
Toriano, Roberts
#599 
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
 
5.
18-15
Paid
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
 
6.
17-2978 CE
Pulled
704 Orange Ave
 
Scott, Joy A
 
Isaac Saucedo
 
 
Case Initiated:  December 1, 2017 Type of Presentation: Repeat
 
OWNER:
Joy A Scott 
726 Orange Ave
Fort Pierce, Fl 34950
 
OCCUPIED BY:

 

 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 304.1 Exterior Structure – General.
IPMC 304.2 Protective Treatment.
Section 22-187 (13) – Landscape Maintenance
 
7.
19-598 
VR - Complied
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
 
8.
19-0681 CE 
Closed
 130 S Indian River Drive 202
 
Chalbaud, Carlos
 
Heather Debevec
 
 
Case Initiated:| March 15, 2019 Type of Presentation: Regular
 
OWNER:
Carlos Chalbaud
446 Almeria Ave
Coral Gables, FL 33134 
VIOLATOR:
Precise Care Services
130 S Indian River Dr 202
Ft. Pierce, FL 34950 
REGISTERED AGENT:
Rebecca Jaques
130 S Indian River Dr 202
Ft. Pierce, FL 34950
 

Section 9-27 (B) - Doing Business without a Tax
 
9.
18-2633 CE 
Complied
1112 Avenue G Unit B
 
Shahid, Saira
 
Heather Debevec
 
 
Case Initiated: October 20, 2018 Type of Presentation: Regular
 
OWNER:
Saira Shahid
2813 Stoneway Ln Apt C
Ft. Pierce, FL 34982 
TENANT:
Callie Perry
1112 Avenue G Unit B
Ft. Pierce, FL 34982 

IPMC 302.3 Sidewalks and Driveways
Section 16-46, 16-47, 16-48 (1)(5)  Outside Storage
5-370 Exterior Property and Landscaping
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-849 PK  Appeal 22 Fisherman's Wharf Nobile, Greg
#2007
#7045 J. Coleman 
 
Case Initiated: March 28, 2019 Type of Presentation: Citation
 
VIOLATOR:
Greg Nobile
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#2007 10-23 Parking Regulation
 Parked in Boat Trailer only space
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.

 
B.
19-0538
PK
Orange Ave Lot/Behind Subway
 
 Anez, Leslie Ann
 #5064
     Vincent Alesi
 
 
Case Initiated:  l   February 26, 2019 Type of Presentation: Citation
 
VIOLATOR:
Leslie Ann Anez
 
PARKING VIOLATION:

 
 
Citation # Code Section      Counts/Fine Total Fine Admin Fee Late  Fee Total Due
5064PK
 
10-23(P) Parking Regulation
2 Hour Parking
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.

 
C.
19-838 PK
Appeal
Marina Way / IRD Cavasinni, David
#9882
H. Debevec
 
Case Initiated: March 30, 2019 Type of Presentation: Citation
 
VIOLATOR:
David Cavasinni
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#9882 10-23 (O) Parking Regulation
 No Parking Yellow
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Code Enforcement Officer Heather Debevec read the facts of the case.  She presented photos marked as Exhibit 1.

David Cavasinni was sworn in for testimony.  He said they were unloading for events taking place downtown. He thought there was a mis-communication between the owner and the city. He said the owner had told them they could use the loading zone which they had been doing for the past 7 years; however, there was a vehicle parked right next to it in the no parking zone. The owner says he put the signs up and they indicate the loading zone.    He presented an easement agreement which Staff looked at.
  
Code Compliance Manager Margaret Arraiz asked for a recess so they could check with the Engineering Department.   

On recall, Ms. Arraiz presented the copy of the easement agreement showing the loading dock was built several years before.  The document shows the loading dock and the no parking zone.  At the time of citation there was a personal vehicle parked in the no parking zone.  

Mr. Cavasinni said this is why he parking in the loading zone; because of the vehicle being parked in the no parking zone and he could not back up.

Ms. Arraiz said the City wants to work with the businesses in the area.  She recommended having the owner of property to try and get the easement amended so they could use the loading zone.  She also told Mr. Cavasinni that there is a code officer working on Saturdays.  If there is a problem with the loading zone, call the officer and they will help.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 as indicated plus the administrative charges of $10.00 for a total amount due of $60.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charge.

 
D.
19-893 PK 
Paid
South Causeway Stecher, Leslie Anne
#2764
G Montgomery #4919
 
Case Initiated: March 31, 2019 Type of Presentation: Citation
 
VIOLATOR:
Leslie Anne Stecher
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#2764 10-23 Parking Regulation
 Parked in No Parking Zone
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
The violator Leslie Anne Stecher was sworn in.  After hearing the Special Magistrate make the announcement about protesting because of principal she decided to pay the fine.
 
E.
19-725 PK  Appeal 100 N US -1 Jones, Sr, Melvin
#6651
H. Debevec
 
Case Initiated: March 14, 2019 Type of Presentation: Citation
 
VIOLATOR:
Melvin Jones, Sr
PARKING VIOLATION:
 Cit #6651
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6651 10-23 (O) Parking Regulation  Striped, Poles No Parking
 
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Code Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.

Melvin Jones was sworn in.  He said he has parked his motorcycle in that spot for over 2 years.  There were other motorcycles parked there so he actually thought it was a spot for motorcycles.  He requested a motorcycle parking area be marked.  

Code Compliance Manager Arraiz said he would have to bring that to the Parking Committee for discussion.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00. She waived the administrative charges of $10.00 and waived the $18.00 late fee for a total amount due of $50.00 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.
19-650
AC
1023 Chipola Road Wesley, Clarence
#600AC
Ricardo Pellot
 
Case Initiated: March 5, 2019 Type of Presentation: Citation
 
VIOLATOR:
Clarence Wesley
 VIOLATION:
 Citation #600AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
600AC 4-24 (a) Animal Neglect 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 unless, the violations are brought into compliance within the expiration of 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.
19-622 AC Appeal 1201 Avenue J, Unit B
 
Ornis, Loupson
#745, 746, 748, 749, 750
BJ Gasparre
 
 
Case Initiated: February 28, 2019 Type of Presentation: Citation
 
VIOLATOR:
Loupson Ornis

 
 
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
Animal Control Officer Gasparre read the facts of the case.  She said this case started with a call from 911 about a dead dog being on the property.  After several drivebys her and Officer Pellot saw the dead dog.  They proceeded to call Code Compliance Manager Arraiz.  She presented photos marked as Exhibit 1.
 
Manager Arraiz said when she arrived she found the dog was tethered, had water but it was green with algae, and there was a small box being used for shelter but she found it to be a lack of care and not a criminal violation.  They cited for the violations as listed.  There were many reasons the dog could have died.

Loupson Ornis was sworn in.  He said he didn't know anything about what had to be done for the dog.  He found the dog.

Officer Gasparre said there was no one home when they arrived.  Mr. Ornis said he had been at his Grandmother's place digging a hole to bury the dog. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) within 90 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.

 
H.
19-911 PK Appeal Marina Way & Indian River Dr Buck, Timothy
#6254
Heather Debevec
 
Case Initiated:  April 6, 2019 Type of Presentation: Citation
 
VIOLATOR:
Timothy Buck
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 #6254 10-23 Parking Regulation
 Parking ROW
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

 
I.
18-3427 AC 601 N 18th St Hall, Deandre
#733AC, 734AC & 735AC
BJ Gasparre
 
Case Initiated: February 25, 2019 Type of Presentation: Citation
 
VIOLATOR:
Deandre Hall
VIOLATION:
 Citations 733AC, 734AC & 735AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
733AC 4-27 No Rabies Vaccination
 
1 @ $100.00 $100.00 $0.00 $5.00 $105.00
734AC 4-50 No City Registration 1 @ $200.00 $200.00 $0.00 $5.00 $205.00
735AC 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 total amount on the citation unless, the violations are brought into compliance within the expiration of 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.
19-0381
CE 
 
1826 Orange Avenue

 
Smith Jr, Willie C
Smith, L C
Smith, Pinkie
Heather Debevec

 
 
Case Initiated:| February 13, 2019 Type of Presentation: Regular
 
OWNER:
Willie C Smith Jr
LC Smith
Pinkie Smith
1826 Orange Ave
Ft. Pierce, FL 34950 
TENANT:
A-1 Willie's Car Care
Willie C Smith Jr
1826 Orange Ave
Ft. Pierce, FL 34950

EMAIL: williescarcare@aol.com 

Section(s):  16-46, 16-47, 16-48 (10)(B) - Prohibited Use of Right of Way
Section(s):  16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s):  11-11 - Storage of Commodities
Section(s):  15-3 (b) - Removal of Signs
Section(s):  9-27 (B) - Doing Business without a Tax
IPMC 304.2 - Protective Treatment
Section(s):  5-370 - Exterior Property Landscaping
Section(s):  11-10 - Storage of Scraps & Waste
Code Officer Debevec read in the facts of the case and presented photos marked as Exhibit 1.  She said they have done some of the stuff.  They have a permit for the roof and after the roof is done, they will paint.  She said the BTR was for mechanical work which they were no longer doing.

Prior to testimony from Willie Smith, Special Magistrate Ross disclosed she knew the Smith family, but was comfortable with hearing the case.

Willie Smith was sworn in.  He confirmed what Code Officer Debevec had said and agreed to the 15 days to bring the property into compliance.
 

Special Magistrate found that the violation(s) listed on the summary sheet, except for Section 9-27 (B) that is in compliance, do exist and that (violator(s) have committed or is responsible for the violation(s). She ordered that the violator(s) have 15 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 given, a fine of $100.00 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.
19-0466
CE
 303 N 32nd Street
 
Johnson Jr, Wilbert
Johnson, Effie
Heather Debevec
 
 
Case Initiated:| February 20, 2019 Type of Presentation: Regular
 
OWNER:
Wilbert Johnson Jr
Effie M Johnson
303 N 32nd Street
Ft. Pierce, FL 34950 
 

IPMC 302.4 Protective Treatment
IPMC 304.13 Window Skylight, and Door Frame
Although there was no one present, Code Officer Debevec read in the case.  She said she had the opportunity to speak with Mrs. Johnson's daughter who said she was helping her mother get the property violations corrected but needed more time.  Officer Debevec recommended giving then 60 days.
 

Special Magistrate found 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. She ordered that the violator has 60 days in which to apply for the permit and comply with all conditions of the permit. In the event the violations are not cured or complied within the time given, a fine of $50.00 per day will be assessed for each day the violation continues 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.

 
C.
19-0073 CE  505 N 14th Street Rosario, Nathanael Mejia Heather Debevec
 
Case Initiated:| January 16, 2019 Type of Presentation: Regular
 
OWNER:
Nathanael Mejia Rosario
821 Se 14th St
Stuart, FL 34994 
 
TENANT:
Tenant
505 N 14th St
Ft. Pierce, FL 34950
 

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 302.7 Accessory Structure
Section 16-25 (C) - Responsibility for Containers
IPMC 304.2 Protective Treatment
Code Officer Debevec read the facts of the case and presented photos marked as Exhibt 1.  She said they were in the process of getting it cleaned up.

Rosa Rosario was sworn in.  She said her husband and her were working on getting the property cleaned up but they don't have much time available between their jobs.  She asked for more time and was granted 60 days rather than 30.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that (violator(s) has/have committed or is responsible for the violation(s). She ordered that the violator has 60 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 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
02-8806 3205 Boston Avenue Moreno, Pedro Margaret Arraiz

Case Initiated:  April 24, 2002 Type of Presentation: Lien Reduction

OWNER (Previous Address)
Pedro Moreno
3205 Boston Avenue
Ft. Pierce, FL 34950 
OWNER (Current Address)
Pedro Moreno
3107 Atlantic Avenue
Ft. Pierce, FL 34947

Section(s): 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz read the facts of the case and reviewed the 7 Criteria.  

Pedro Moreno was sworn in.  He said he was trying to help a large family by renting them the property.  The house is very small and they had no place to put the washer, so they put it outside.  He can't work and would like a reduction less than the $1,000.  He said the home is currently under contract.  He has no mortgage on the property.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $5,800.00 to $1,000.00 payable at or before closing. The City Commission's administrative fee is included in this reduction. If not paid within the time period alloted, the lien would revert to its original amount.

 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS:
Code Compliance Manager Arraiz asked for an Order Setting Aside Order on Case #13-2324, 1810 N 21st Street, stating the sell fell through.

Special Magistrate issued the Order Setting Aside Order.
Adjourned:
10:38
Respectfully submitted:

Colleen Greer