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, JUNE 5, 2019.
1.
CALL TO ORDER:
9:00 AM
9:00 AM
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 19-837 PK PAID |
Marina Way/IRD/behind Sailfish |
McDaniel, Calvin Timothy #9881 |
Heather Debevec |
| Case Initiated: | March 30, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Calvin Timothy McDaniel |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 9881 PK | 10-23 (L) Parking Regulation No Parking Yellow Lines |
1 @ $50.00 | $50.00 | $10.00 | $18.00 | $78.00 |
2.
| 19-921 PAID |
IRD Orange / IBO Subway |
Schmidt, Lauren Jean #9889 |
Heather Debevec |
| Case Initiated: | April 6, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Lauren Jean Schmidt |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 9889 PK |
10-23 (O) Parking Regulation No Parking - Loading |
1 @ $50.00 |
$50.00 |
$10.00 |
$18.00 |
$78.00 |
3.
| 19-623 AC DISMISSED |
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 |
4.
| 19-689 PULLED |
802 S 6TH ST | Las 3 Gueras Mexican Mart LLC | Isaac Saucedo |
| Case Initiated: | March 14, 2019 | Type of Presentation: | Regular |
| OWNER: Hoyt C Murphy INC Benson Family Partnership 2400 S Ocean Dr, Ph 4200 D Fort Pierce, Fl 34949 |
OCCUPIED BY: Las 3 Gueras Mexican Mart LLC 802 S 6TH ST Fort Pierce, Fl 34950 |
Section 9-27 (B) – Doing Business without a Tax
5.
| 19-0486 CE COMPLIED |
520 N 21st Street | Pierre, Fenique | Heather Debevec |
| Case Initiated:| February 27, 2019 | Type of Presentation: | Regular |
| OWNER: Fenique Pierre 6605 Bayard Rd Ft. Pierce, FL 34951 |
IPMC 302.7 Accessory Structure
IPMC 304.1 Exterior Structure General
IPMC 304.2 Protective Treatment
6.
| 19-0571 CE PULLED |
422 N 13th Street | Cook, Anthony | Heather Debevec |
| Case Initiated:|March 6, 2019 | Type of Presentation: | Regular |
| OWNER: Anthony Cook 4504 St Thomas Ave Baltimore, MD 21206 |
TENANT: Freddie Gibson 422 N 13th St Ft. Pierce, FL 34950 |
IPMC 304.7 Roof and Drainage
7.
| 19-0804 CE CONTINUED |
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
8.
| 06-0787 Lien Reduction RESCHEDULED 7/10 |
1007 Avenue C |
Petit, William I |
Peggy Arraiz |
| Case Initiated: | March 28, 2006 | Type of Presentation: | Lien Reduction |
| CURRENT OWNER: Kassandra Petit K and A Petit Trust PO Box 13504 Ft. Pierce, FL 34979 |
PREVIOUS OWNER: William I. Petit 6448 NW Foxglove Street Port St. Lucie, FL 34986 |
Section(s): 5-368 Property Maintenance
9.
| 13-0689 Lien Reduction RESCHEDULED 7/10 |
3101 Louisiana Avenue |
Petit, William |
Peggy Arraiz |
| Case Initiated: | May 6, 2013 | Type of Presentation: | Lien Reduction |
| OWNER: CURRENT ADDRESS William Petit P. O. Box 13504 Ft. Pierce, FL 34979 |
OWNER: PREVIOUS ADDRESS: William Petit P. O. Box 882251 Port St. Lucie, FL 34988 |
Section(s): 5-369 Vacant Building
4.
PUBLIC HEARINGS - CITATIONS
A.
| 19-979 PK Appeal | Ave B 2nd St / IRD |
Carbone, Debra #6269 |
Heather Debevec |
| Case Initiated: | April 13, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Debra Carbone |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 6269 PK |
10-23 (S) Parking Regulation Parking in ROW |
1 @ $50.00 |
$50.00 |
$10.00 |
$0.00 |
$60.00 |
This was a telephone conference call.
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1. She said the car was parked over the curb.
Debra Carbone was sworn in. She said she was unable to see the pictures so the Special Magistrate asked Officer Debevec to describe them. She said she did not see any signs that said "no parking" at the time. After she got the citation she took a video of the street and where she was standing and she saw no signs. She did see a sign in a darker area but it could not be seen from the street.
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1. She said the car was parked over the curb.
Debra Carbone was sworn in. She said she was unable to see the pictures so the Special Magistrate asked Officer Debevec to describe them. She said she did not see any signs that said "no parking" at the time. After she got the citation she took a video of the street and where she was standing and she saw no signs. She did see a sign in a darker area but it could not be seen from the street.
The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00. She imposed the administrative charges of $10.00 and waived the $18.00 late fee 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 charged.
B.
| 19-1053 PK Appeal | Indian River North by Library |
Benkert, Marilyn #9064 |
Heather Debevec |
| Case Initiated: | April 20, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Marilyn Benkert |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 9064 PK |
10-23 (O) Parking Regulation Yellow Curb, No Parking |
1 @ $50.00 |
$50.00 |
$10.00 |
$0.00 |
$60.00 |
This was a telephone conference call.
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1. Because this is a telephone conference, she described the photos so Ms. Benkert would know what she was being cited for. She said the car was parked in a yellow no parking zone.
Marilyn Benkert was sworn in. She said she was a vendor at the Farmer's Market on Saturdays. She's been allowed to unload and load her van for the last 8 years. She said she was only there for fifteen or twenty minutes on that day.
Officer Debevec said she was unaware of her being a vendor. Ms. Benkert said she would send a copy of her vendor card.
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1. Because this is a telephone conference, she described the photos so Ms. Benkert would know what she was being cited for. She said the car was parked in a yellow no parking zone.
Marilyn Benkert was sworn in. She said she was a vendor at the Farmer's Market on Saturdays. She's been allowed to unload and load her van for the last 8 years. She said she was only there for fifteen or twenty minutes on that day.
Officer Debevec said she was unaware of her being a vendor. Ms. Benkert said she would send a copy of her vendor card.
Special Magistrate continued this case until the next hearing date, July 10.
C.
| 19-923 PK |
Ave B / IRD |
Baker, Brandy & Frederick #6264 |
Heather Debevec |
| Case Initiated: | April 6, 2019 | Type of Presentation: | Citation |
| VIOLATOR: Brandy & Frederick Baker |
PARKING VIOLATION: |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 6264 PK |
10-23 (S) Parking Regulation Parked on ROW |
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
5.
PUBLIC HEARINGS - VIOLATION CASES
A.
| 19-0163 CE |
2011 Avenue D |
Thomas, Renea D McKenzie, Stanley L McKenzie, Stanley Lawrence |
Heather Debevec |
| Case Initiated:| January 24, 2019 | Type of Presentation: | Regular |
| OWNER: Renea D Thomas Stanley L McKenzie Stanley Lawrence McKenzie 1209 Daymen Ave Ft. Pierce, FL 34947 |
IPMC 304.1 Exterior Structure - General
IPMC 304.2 Protective Treatment
IPMC 302.7 Accessory Structure
Code Officer Debevec read the facts of the case and presented photos.
Renea Thomas and Stanley McKenzie were sworn in. Ms Thomas said she has spoken to Officer Debevec several times about this. She's been in a legal battle with Mr. McKenzie over the property as he doesn't want to help with the repairs. The building has been closed since 2010. It has been burglarized and the Police Department has done nothing about it. She has had several conversations with the Building Department about any permits. She goes by every day and monitors the building and she pays someone to keep up with the maintenance. She wants to refinance the property but Mr. McKenzie will not sign the deed. He doesn't want to have anything to do with the property, but his name is also listed as an owner.
Mr. McKenzie said about 8 years ago when he returned from active duty, he filed for a divorce, and told her to sell the building. She didn't do it and he doesn't want to give anything more to the property.
Special Magistrate Ross said as long as his name is listed as an owner of the property, he's also responsible for any repairs, upkeep, and violations. She suggested they talk to an attorney as there are remedies for this issue.
Renea Thomas and Stanley McKenzie were sworn in. Ms Thomas said she has spoken to Officer Debevec several times about this. She's been in a legal battle with Mr. McKenzie over the property as he doesn't want to help with the repairs. The building has been closed since 2010. It has been burglarized and the Police Department has done nothing about it. She has had several conversations with the Building Department about any permits. She goes by every day and monitors the building and she pays someone to keep up with the maintenance. She wants to refinance the property but Mr. McKenzie will not sign the deed. He doesn't want to have anything to do with the property, but his name is also listed as an owner.
Mr. McKenzie said about 8 years ago when he returned from active duty, he filed for a divorce, and told her to sell the building. She didn't do it and he doesn't want to give anything more to the property.
Special Magistrate Ross said as long as his name is listed as an owner of the property, he's also responsible for any repairs, upkeep, and violations. She suggested they talk to an attorney as there are remedies for this issue.
Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Renea Thomas & Stanley McKenzie have committed or is responsible for the violation(s). 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 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.
| 19-0465 CE | 304 N 32nd Street | Davis, Virgiline Reaves (EST), James Thomas, Jordan |
Heather Debevec |
| Case Initiated:|February 20, 2019 | Type of Presentation: | Regular |
| OWNER: Virgiline Davis James Reaves (EST) Jordan Thomas 304 N 32nd St Ft. Pierce, FL 34947 |
Section 5-1.104.5 Unsafe Building ( covered window)
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 304.2 Protective Treatment
IPMC 302.3 Sidewalks and driveways
Code Officer Debevec read the facts of the case and presented photos. She said the IPMC 304.2 was in compliance and request an R&D order. The other violations still exist.
Virgilene Davis was sworn in. She said she was waiting for her son to get back in a couple of weeks and have him help repair the driveway. The bins full of clothes were for donation. She said she pressure cleaned the house and was getting paint from Restoring the Village. She provided photos via her phone. She said she needed a little more time.
Virgilene Davis was sworn in. She said she was waiting for her son to get back in a couple of weeks and have him help repair the driveway. The bins full of clothes were for donation. She said she pressure cleaned the house and was getting paint from Restoring the Village. She provided photos via her phone. She said she needed a little more time.
Special Magistrate Ross found that Section IPMC 304.2 and 5-1.104.5 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 Ross found that the remaining violation(s) listed on the summary sheet do exist and that Virgilene Davis has committed or is responsible for the violations. She ordered that the violator(s) has 45 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(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.
C.
| 19-0485 CE | 522 N 21st Street | Morris, Gwendolyn | Heather Debevec |
| Case Initiated:|February 27, 2019 | Type of Presentation: | Regular |
| OWNER: Gwendolyn M Morris PO BOX 3274 Ft. Pierce, FL 34948 |
TENANTS: Joissius Alexandre 522 N 21st St Apt A Ft. Pierce, FL 34950 |
| TENANT: Felius Doreus 522 N 21st St Apt B Ft. Pierce, FL 34950 |
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 16-46, 16-48 - Hanging Clothes on Fence
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1. She said she has been trying to work with the tenants but there is a language barrier.
Gwendolyn Morris was sworn in. She said the tenants use the chairs to play dominoes outside. It's very difficult to monitor that situation when they play almost daily. She said she does try to find someone to translate what actions need to be done.
Code Compliance Manager Arraiz explained the difference between indoor and outdoor chairs and that they can't put their clothes on the fence but they can put up a clothesline.
Special Magistrate Ross suggested continuing this case until June 19 and asked Ms. Morris to explain the difference between patio and office chairs to her tenants.
Gwendolyn Morris was sworn in. She said the tenants use the chairs to play dominoes outside. It's very difficult to monitor that situation when they play almost daily. She said she does try to find someone to translate what actions need to be done.
Code Compliance Manager Arraiz explained the difference between indoor and outdoor chairs and that they can't put their clothes on the fence but they can put up a clothesline.
Special Magistrate Ross suggested continuing this case until June 19 and asked Ms. Morris to explain the difference between patio and office chairs to her tenants.
Special Magistrate continued this hearing until the next date June 19.
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
A.
| 18-2331 Massey |
1011 Boston Avenue |
Deese, Kevin |
Isaac Saucedo |
| Case Initiated: | September 14, 2018 | Type of Presentation: | Massey |
| OWNER: Kevin J & Heather Deese 1011 Boston Avenue Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section 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 the way the on-line ads appear makes them in jeopardy of losing his conditional use permit. Their permit allows for 30 days or more not less and this ad advertises for less than 30 days. Staff is not agreeable to the reduction as the ads are still advertising for less than 30 days. Staff just contacted him yesterday; therefore, he did not get the official notice. Mrs. Arraiz was sworn in after making this statement.
Kevin Deese was sworn in. He waived his right of notice of the hearing. He said he has not rented for "less than 30 days" since the last hearing. He said the place is for rent; but it's not listed in the advertisement. He didn't know anything about snoozing the ad. He was told you can't just snooze the ad, he has to delete it. He said his plan was to pay fines but financially he was not able to right now. He said he would pay when he got his tax return. He said Air B&B pays the taxes to the City; so he doesn't think he should be penalized this much.
Manager Arraiz said there were new violations and gave him 48 hours to correct them. This is his 3rd violation. Staff recommends recording the lien. If the ads are not corrected within the 48 hours, Staff recommends fining the maximum, $5,000.
Mr. Deese asked if there is anyone he can sit with to make sure he gets the ads down properly. City Attorney Sweeney said it is up to him to know the law and take care of this, even if he has to hire someone to make sure everything is done.
Special Magistrate Ross said just like any law you are charged with, you are obligated to it. As a repeat violator, you should take full charge of what "due process" is.
Manager Arraiz gave him copies of the current advertising showing where the City got the total amount of fine.
Kevin Deese was sworn in. He waived his right of notice of the hearing. He said he has not rented for "less than 30 days" since the last hearing. He said the place is for rent; but it's not listed in the advertisement. He didn't know anything about snoozing the ad. He was told you can't just snooze the ad, he has to delete it. He said his plan was to pay fines but financially he was not able to right now. He said he would pay when he got his tax return. He said Air B&B pays the taxes to the City; so he doesn't think he should be penalized this much.
Manager Arraiz said there were new violations and gave him 48 hours to correct them. This is his 3rd violation. Staff recommends recording the lien. If the ads are not corrected within the 48 hours, Staff recommends fining the maximum, $5,000.
Mr. Deese asked if there is anyone he can sit with to make sure he gets the ads down properly. City Attorney Sweeney said it is up to him to know the law and take care of this, even if he has to hire someone to make sure everything is done.
Special Magistrate Ross said just like any law you are charged with, you are obligated to it. As a repeat violator, you should take full charge of what "due process" is.
Manager Arraiz gave him copies of the current advertising showing where the City got the total amount of fine.
Special Magistrate denied the reduction request and ordered a lien be recorded. She also gave him 48 hours to make sure the ad was deleted or City would fine him the maximum of $5,000.
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
A.
| 14-1539 Lien Reduction |
1312 Edgewood Terrace |
Facey Realty |
Peggy Arraiz |
| Case Initiated: | July 21, 2014 | Type of Presentation: | Lien Reduction |
| CURRENT OWNER: Team Facey Real Estate LLC 2833 Edgewood Terrace Ft. Pierce, FL 34950 |
PREVIOUS OWNER: Justin Mitchell 3968 Alla Road Los Angeles, CA 90066 |
Section(s): 5-369 Vacant Buildings
Code Compliance Manager Arraiz read the facts of the case and the 7 criteria.
Claude Facey was sworn in. He said he has been trying to get financing, but based on the amount of repairs that were needed, he was told the lien had to be satisfied first.
Claude Facey was sworn in. He said he has been trying to get financing, but based on the amount of repairs that were needed, he was told the lien had to be satisfied first.
Special Magistrate reviewed the 7 Criteria required by Rule 17 and will recommend the City Commission reduce the lien from $419,040.00 to $2,500.00. This reduction would include the City Commission's administrative fee of $250.00 and payable within 60 days. If not paid within that time, the fines would revert to its original amount.
8.
OTHER CASES
9.
NEW BUSINESS:
Code Compliance Manager Arraiz introduced John Futch, the new Parking Specialist and Tanya Earley, the new Assistant City Attorney.
Code Compliance Manager Arraiz introduced John Futch, the new Parking Specialist and Tanya Earley, the new Assistant City Attorney.
10.
OLD BUSINESS
Meeting Adjourned: 10:30 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk