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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 15, 2019.
 
1.
CALL TO ORDER:
9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Isaac Saucedo - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Guy Montgomery - Fort Pierce Police Officer #4919
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-0930 
VR
Re-scheduled
2005 Mimosa Avenue Kublitsky, Igor Chad Dawson
 
Case Initiated:| April 11, 2019 Type of Presentation: Regular
 
OWNER:
Igor Kublitsky
3333 Routt St
Wheat Ridge, CO 80033 
 

Section 9-25 -  Proof of Business activity; burden of proof on applicant
Section 9-27(B) - Doing Business without a Tax
 
2.
19-0855 CE
Pulled
701 S US Highway 1 Automania Car Sales Heather Debevec
 
Case Initiated:| April 3, 2019 Type of Presentation: Regular
 
OWNER:
Borja Motors LLC
701 S US Highway 1
Ft. Pierce, FL 34950 
REGISTERED AGENT TO OWNER:
Aida Borja
765 2nd St SW
Vero Beach, FL 32962
VIOLATOR:
Automania Car Sales
701 S US Highway 1
Ft. Pierce, FL 34950

EMAIL:  pborja4200@aol.com
 

Section 9-27 (B) - Doing Business without a Tax
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-961 PK Appeal South Causeway
 
Richards, Nancy
#2767
#4919 G. Montgomery
 

Case Initiated:  April 13, 2019 Type of Presentation: Citation

VIOLATOR:
Nancy L Richards
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2767 PK Appeal 10-23 (O) Parking Regulation
 Parked in No Parking
1 @ $50.00
 
$50.00
 
$10.00
 
$0.00
 
$60.00
 
FPPD #4919 Guy Montgomery read the facts of the case stating they have a major problem at South Causeway with people running over the curb and parking in front of sign reading "no parking anytime".

Nancy & Linwood Richards was sworn in.  She said they were not parked in front of sign and was halfway on the pavement.  She provided photos, stating he was driving in from the west and the sign is facing east.  It was not in his field of vision when he pulled in.  He said they were traveling north and south and the sign is facing east and west. 

Officer Montgomery said there are other signs; but when people see other cars parked in the undesignated areas, they assume they can park there too. No matter what her pictures are showing, he still drove over the curb and parked in a "no parking" area.  

Code Compliance Manager Peggy Arraiz said there are signs out there for people to park in designated areas only, not in the areas undesignated.
 

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. This was an appeal; therefore, the $18.00 late fee is waived making a total amount due of $60.00 payable within 15 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.

 
B.
19-967 PK  Appeal IBO Cobbs Landing
 
Walgrave, David
#6278
Heather Debevec
 

Case Initiated: April 13, 2019 Type of Presentation: Citation

VIOLATOR:
David Walgrave
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6278 PK Appeal 10-23 (S) Parking Regulation
 Parked on ROW
1 @ $50.00
 
$50.00
 
$10.00
 
$0.00
 
$60.00
 
Code Enforcement Officer Debebec read the facts of the case and presented photos as well as the property card which were marked as Exhibit 1 and Exhibit 2.

David Walgrave was sworn in.  He stated there were no signs saying no parking on grass and the City needs to put more signs out.  He said the North Beach area of Fort Pierce uses signs with arrows pointing where they can park.  The arrow points for a few spaces then another sign with arrows are found.  This seems to resolve a lot of the parking issues in that area.

Code Compliance Manager Arraiz said there are signs that read park here, not do not 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 plus the administrative charges of $10.00. This was an appeal; therefore, the $18.00 late fee is waived making a total amount due of $60.00 payable within 15 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.

 
C.
19-836 PK  Appeal 100 N US 1
 
Sheets, Robert
#9878
Heather Debevec
 

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

VIOLATOR:
Robert Sheets
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
9878 PK Appeal 10-23 Parking Regulation
Parked on Handicap Stripes
1 @ $50.00
 
$50.00
 
$10.00
 
$0.00
 
$60.00
 
This is an appeal of the citation; however, Mr. Sheets has not arrived.  He was informed of the date and time for this hearing.
 

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. This is an appeal; therefore, the $18.00 late fee is waived. A total of $60.00 is due 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.
19-909 PK Appeal Ave B / 2nd / IRD
 
King, Michael
#6256
Heather Debevec
 

Case Initiated: April 6, 2019 Type of Presentation: Citation

VIOLATOR:
Michael King
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#6256
 
10-23 Parking Regulation
Parking in ROW
1 @ $50.00
 
$50.00
 
$10.00
 
$0.00
 
$60.00
 
Code Enforcement Officer Debevec read the facts of the case.

Michael & Krystal King were sworn in.  They said they park in the grassy areas all of the time.  The City needs more signs and yellow lines showing where they can't park.  

Code Compliance Manager Arraiz said she doesn't know of anything that allows for driving over the curb to get to the grassy areas.  As far as the yellow lines that means no parking on street.
 

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. This was an appeal; therefore, the $18.00 late fee is waived making a total amount due of $60.00 payable within 15 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.

 
E.
19-1043 PK  Appeal IRD / Ave B / IBO Cobbs
 
Osip, Evelina
#9054
Heather Debevec
 

Case Initiated: April 20, 2019 Type of Presentation: Citation

VIOLATOR:
Evelina Osip 
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#9054
 
10-23 Parking Regulation
 Parked in ROW
1 @ $50.00
 
$50.00
 
$10.00
 
$0.00
 
$60.00
 
This is an appeal of the citation; however, Mr. Sheets has not arrived.  He was informed of the date and time for this hearing.
 

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. This is an appeal; therefore, the $18.00 late fee is waived. A total of $60.00 is due 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.

 
F.
19-1056 PK  Appeal IR / Ave A / IBO Sailfish
 
Huff, Lesley
#9068
Heather Debevec
 

Case Initiated: April 20, 2019 Type of Presentation: Citation

VIOLATOR:
Lesley Huff
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
#9068
 
10-23 Parking Regulation
 Parked on ROW
1 @ $50.00
 
$50.00
 
$10.00
 
$0.00
 
$60.00
 
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  She said the parking committee took an effort to stop the driving over the curb by putting in plants; however, they were driven over and the plants were killed.

Lesley Huff was sworn in.  She agreed with others that she didn't know she couldn't park there and saw no signs saying no parking.  She was driving around, saw a car pulling out, and she pulled in.  She saw no sign saying she couldn't park there. 

Code Compliance Manager Arraiz said this was a marked parking lot with lines and spaces.  She drove over the curb and parked in the grassy area.
 

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. This was an appeal; therefore, the $18.00 late fee is waived making a total amount due of $60.00 payable within 15 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.

 
G.
19-835 PK  Appeal Ave B  100 Blk Bellis, Joyce
#9751
Heather Debevec

Case Initiated: March 29, 2019 Type of Presentation: Citation

VIOLATOR:
Joyce Bellis
PARKING VIOLATION:
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
9751 10-23 (T) Parking Regulation
 Facing wrong way
1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1. She said the violator was parked facing the wrong direction and on the right of way.  

Joyce Bellis was sworn in.  She said there is a major signage problem.  She lives in Port St. Lucie and when she visited the Farmers Market it was raining hard and a truck was on her tail.  She tried to get away from it by pulling into a one-way street.  She presented photos showing cars parked over the curb.  She didn't know at the time that it was a one way street and the signs were facing the opposite direction.
 

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. This was an appeal; therefore, the $18.00 late fee is waived making a total amount due of $60.00 payable within 15 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.
19-840 PK  Appeal  IRD East Side by Cobbs Reagle, Christopher
#9885
H. 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
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  

Christopher Reagle was sworn in.  He stated there are no signs and the curbs are not painted yellow.  He's been parking there for over 13 years.  His Staff leaves at night and there is a concern for their safety. He said there has been some effort made by the City to make the area safer but he normally drives them to the parking garage.  He said this is their "go to" spot for parking and he's never got a ticket until now.

The Special Magistrate and Code Compliance Manager Arraiz both said he could go to the parking meetings and voice his concerns; possibly get a solution to the problem.
 

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. This was an appeal; therefore, the $18.00 late fee is waived making a total amount due of $60.00 payable within 15 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.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-0483 CE 1016 Tortugas Ave Mendez Ramirez, Armando N
Castillejos, Manuela Romero
Isaac Saucedo

Case Initiated:  February 21, 2019 Type of Presentation: Regular

OWNER:
Armando N Mendez Ramirez
Manuela Romero Castillejos
1016 Tortugas Ave
Fort Pierce, Fl 34982
OCCUPIED BY:
 


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
 

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.
19-0234 CE 1710 N 18th Street Morgan, Patricia Heather Debevec

Case Initiated:|Janaury 30, 2019 Type of Presentation: Regular

OWNER:
Patricia Morgan
1710 N 18th St
Ft. Pierce, FL 34950 
 

IPMC 302.7  - Accessory Structures
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.

 
D.
19-0938 CE 2501 Avenue F Said, William
Said, Amy
Heather Debevec

Case Initiated:|April 17, 2019 Type of Presentation: Regular

OWNER:
William & Amy Said
5925 NW Batchelor Ter
Pt. St. Lucie, FL 34986 
 

Section(s): 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicles
Code Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  She said there was 3 vehicles with for sale signs on them.  There are also 3 semi type trailers.  None of them have registrations.

William Said was sworn in.  He said he wasn't using the vehicles so he didn't know he had to have them registered, however, he would get them all done.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that William & Amy Said has committed or is responsible for the violation(s). She ordered that the violator(s) have 14 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.

 
F.
19-0392 CE 207 N 18th Street Euthenia Five Stars Heather Debevec

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

OWNER:
Euthenia Five Stars
PO Box 13504
Ft. Pierce, FL 34979 
REGISTERED AGENT TO OWNER:
William Pettit
1007 Avenue C
Ft. Pierce, FL 34950
TENANT:
Sainside Paulinyce
207 N 18th Street
Ft. Pierce, FL 34950
 

IPMC 304.13 - Window, skylight and door frames
IPMC 304.2 - Protective Treatment
Code Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  She said the protective treatment was in compliance and she didn't know if they would need a permit or not for the door frame.

William Pettit was sworn in.  He said he didn't feel like the door needed a permit and if there is a need for one he would remove the door.

Code Compliance Manager Arraiz said he would need a permit whether he repaired, replaced, or removed the door.
 

The Special Magistrate found that violation IPMC 304.2 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.

 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Euthenia Five Stars has committed or is responsible for the violations. She ordered that the violator has 30 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 $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.

 
G.
19-0804 CE 207 N 18th Street Euthenia Five Stars Heather Debevec

Case Initiated:| March 27, 2019 Type of Presentation: Regular

OWNER:
Euthenia Five Stars
PO Box 13504
Ft. Peirce, FL 34979 
REGISTERED AGENT TO OWNER:
William Pettit
1007 Avenue C
Ft. Pierce, FL 34950
TENANT:
Sainside Paulinyce
207 N 18th St.
Ft. Pierce, FL 34950
LAST REGISTERED OWNER OF VEHICLE:
Kellie Johnson

Section(s): 16-46, 16-47, 16-48 (10)(D) - Non - Operative Vehicles
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  

William Pettit was sworn in.  He said there was a bus on the property and it was supposed to be moved within 10 days.  The tenant moved it today.

Ms. Arraiz recommended continuing the case until the next hearing date to allow the officer to go out and confirm the vehicle is gone.
 

Special Magistrate continued this case until the June 5, 2019.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
19-0407
Massey
317 N 18th Street Flores, Raymond Heather Debevec

Case Initiated:  February 13, 2019 Type of Presentation: Massey

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



 

Section 16-46, 16-47, 16-48 (1) (5) - Outside Storage
Code Compliance Manager Arraiz read the facts of the case.  After going over the 3 Criteria she said City would be agreeable to reducing to the recording fees of $30.00.

Raymond Flores was sworn in via telephone.  He was agreeable to this reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $380.00 to $30.00 payable in 30 days. If not paid within this time the fines would revert to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office

 
B.
19-0109
Massey
1218 S 11th Street
 
Arenas, Raul N
 
Isaac Saucedo
 

Case Initiated:  January 15, 2019 Type of Presentation: Massey

OWNER:
Raul N. Arenas
1218 S 11th Street
Fort Pierce, FL 34950
 
REPRESENTATIVE/LEGAL:
Alexzander Gonano, Esquire
Law Office of Gonano & Harrell
1600 South Federal Highway, Suite 200
Fort Pierce, FL   34950

Section(s): 9-25 - Proof of Business Activity; Burden of Proof on Applicant.
Section(s): 9-27 (B) - Doing Business without a Tax
Code Compliance Manager Arraiz read the facts of the case.  She said the City was agreeable to their offer of $1,600.00 to satisfy the case.

Alexzander Gonano, Mr. Arenas legal representative, agreed to this reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $2,970.00 to $1,600.00 payable in 30 days. If not paid within this time the fines would revert to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS:
Prior to the start of meeting Special Magistrate Ross explained to the chamber attendants that the hearings were being televised and if they were there just on principal, she did not find that as being excusable.

Code Compliance Manager Arraiz said she was speaking to Attorney Mosley about putting a power point together with information on parking in the downtown and surrounding areas of Fort Pierce. Then having it televised on the local station.

She also said this was the last day for Mrs. Mosley sitting in as our Attorney as she was leaving.
 
10.
OLD BUSINESS
Meeting Adjourned: 10:24 am

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk