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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, JUNE 19, 2019.
 
1.
CALL TO ORDER:
9:00 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Janey Vanderhorst - Code Compliance Supervisor
Kenny Nelson - Animal Control Officer
Richardo Pellot - Animal Control Officer
Barbara J Gasparre (BJ) - Animal Control Officer
Isaac Saucedo - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Guy Montgomery #4919- Ft. Pierce Police Department
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-0976 PK Ave B / 2nd St / IRD Krefting, Janet H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: PAID
 
VIOLATOR:
Janet Krefting
PARKING VIOLATION:
Parking on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6276 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
19-0964 PK So Causeway Park Munro, Mary #4919 G Montgomery
 
Case Initiated: April 13, 2019 Type of Presentation: PAID
 
VIOLATOR:
Mary Munro
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2770 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
3.
19-1131 PK So Causeway Park Saavedra, Crystal #4919 G Montgomery
 
Case Initiated: April 28, 2019 Type of Presentation: PAID
 
VIOLATOR:
Crystal Saavedra
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2774 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
4.
19-1037 PK 800 S Ocean Dr Coriolan, Marie #8681 Anton
 
Case Initiated: April 20, 2019 Type of Presentation: PAID
 
VIOLATOR:
Marie Coriolan
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1985 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
5.
19-0968 PK 1 Marina Way Ferguson & Hoolihan Plumbing Inc H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: PAID
 
VIOLATOR:
Ferguson & Hoolihan Plumbing Inc
PARKING VIOLATION:
Parked against traffic
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6279 10-23 (T) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
6.
19-0966 PK IRD / Ave B / IBO Cobbs Tru Steel Corporation H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: PAID
 
VIOLATOR:
Tru Steel Corporation
PARKING VIOLATION:
Parked on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6277 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
7.
19-1042 PK IRD / Ave B / IBO Cobb Coffman, Robert H Debevec
 
Case Initiated: April 20, 2019 Type of Presentation: PAID
 
VIOLATOR:
Robert Coffman
PARKING VIOLATION:
Parked on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
9053 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
8.
19-1036 PK 2nd St Linton, Kenyetta I. Saucedo
 
Case Initiated: April 22, 2019 Type of Presentation: PAID
 
VIOLATOR:
Kenyetta Linton
PARKING VIOLATION:
2 Hour Parking
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4811 10-23 (P) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
9.
19-0811 CE 2701 Booker Street CPS Family LLC Heather Debevec
 
Case Initiated:| April 3, 2019 Type of Presentation: COMPLIED
 
OWNER:
CPS Family LLC
2001 N 49th St
Ft. Peirce, FL 34979 
REGISTERED AGENT:
Simel Jefferson
706 Ixoria Ave
Ft. Peirce, FL 34982
TENANT:
Kendra Gilchrist
2701 Booker St
Ft. Peirce, FL 34950
 

IPMC 304.2 Protective Treatment
 
10.
19-0939 CE 2501 Avenue F Said, William
Said, Amy
Heather Debevec
 
Case Initiated:| April 17, 2019 Type of Presentation: COMPLIED
 
OWNER:
William & Amy Said
5925 NW Batchelor Ter
Port St. Lucie, FL 34986 
 

IPMC 302.7 Accessory Structure
 
11.
19-1024 CE 221 Osceola Avenue Perkins, Les W Isaac Saucedo
 
Case Initiated:  April 22,2019 Type of Presentation: COMPLIED
 
OWNER:
Karen Carroll
221 Osceola Avenue
Ft Pierce, Fl 34982
OCCUPIED BY:

 
 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
 
12.
19-0869 CE 735 Orange Avenue Fort Pierce Haitian United Methodist Church Inc Isaac Saucedo
 
Case Initiated:  April 4, 2019 Type of Presentation: PULLED BY STAFF
 
OWNER:
Fort Pierce Haitian United Methodist Church Inc
735 Orange Avenue
Ft Pierce, Fl
OCCUPIED BY:
Dr. Joanes Martin 
735 Orange Avenue
Ft Pierce, Fl 34950

Section 22-67 (B)(5) – Fence Maintenance – Permit Required
IPMC 304.2 - Protective treatment.
 
14.
19-0973 PK
Paid
Ave A / IRD / IBO Sailfish Cruz, Paola
#6285
H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: Citation
 
VIOLATOR:
Paola Cruz
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6285 10-23 (S) Parking Regulation
 Ave A / IRD / IBO Sailfish
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
16.
18-3278 AC 811 N 21st St Gray, Deiontae BJ Gasparre
 
Case Initiated: April 20, 2019 Type of Presentation: Complied
 
VIOLATOR:
Deiontae Gray
VIOLATION:
Citation: 280AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
280AC 4-50 City Registration Required 2 @ $250.00 $500.00 $0.00 $5.00 $255.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-0963 PK So Causeway Park Briante, Megan Marie #4919 G Montgomery
 
Case Initiated: April 13, 2019 Type of Presentation: Citation
 
VIOLATOR:
Megan Marie Briante
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2769 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
FPPD Officer Montgomery presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Montgomery confirmed that he issued Citation # 2769 on April 13, 2019.  There were no photos for this case.  The respondent was not present.
 

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.
19-1128 PK Jaycee Park Listy, Amy #4919 G Montgomery
 
Case Initiated: April 21, 2019 Type of Presentation: Citation
 
VIOLATOR:
Amy Listy
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2771 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
FPPD Officer Montgomery presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Montgomery confirmed that he issued Citation #2771 on April 21, 2019. There were no photos. The respondent was not present.
 

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.
19-1132 Appeal So Causeway Park Longworth, Jessica
#2775
#4919 G Montgomery
 
Case Initiated: April 28, 2019 Type of Presentation: Citation Appeal
 
VIOLATOR:
Jessica Longworth
PARKING VIOLATION:
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
2775 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00   $78.00
FPPD Officer Montgomery presented the case and explained the nature of the violation. He had no photos to present this date.

Brian Longworth was sworn in and Attorney Mark Packard appeared for testimony.  Attorney Packard presented photos that were marked as respondents Exihibit A.  Mr. Longworth said he was not parked on the sidewalk and did not see any signs saying no parking.

Assistant City Attorney Earley asked Officer Montgomery whether he had an opportunity to view the photos.  She asked him if there was any other way the car could get to the place he was parked other than jump the sidewalk and he said no, people know they can't drive over a sidewalk.  Attorney Packard asked Officer Montgomery what the parking violation was.  Officer Montgomery said he did not cite him for driving over the sidewalk but being parked in an illegal parking area.

Attorney Earley asked that the citation be amended to read the proper section.  Attorney Packard asked for a summary dismissal as the officer believed it was a parking violation and offered no proof of the parking regulation.
 

Special Magistrate Ross, based on the testimony and evidence presented, granted the summary dismissal.

 
D.
19-0980 PK Ave B / 2nd St / IRD Smith, Shelly H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: Citation
 
VIOLATOR:
Shelly Smith
PARKING VIOLATION:
Parking on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6273 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Code Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 6273 on April 13, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. The respondent was not present.
 

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.
19-0965 PK Ave B / 2nd St / IRD PV Holding Corp H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: Citation
 
VIOLATOR:
PV Holding Corp
PARKING VIOLATION:
Parking on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6275 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Code Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 6275 on April 13, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. The respondent was not present.
 

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.

 
H.
19-1064 PK Ave B / btwn 2nd & IRD Waller, Frederick H Debevec
 
Case Initiated: April 20, 2019 Type of Presentation: Citation
 
VIOLATOR:
Frederick Waller
PARKING VIOLATION:
Parked on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6294 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Code Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 6294 on April 20, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. The respondent was not present.
 

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.

 
I.
19-1025 AC 2501 Sunrise Blvd Patrick, Erin Ricardo Pellot
 
Case Initiated: April 10, 2019 Type of Presentation: Citation
 
VIOLATOR:
Erin Patrick 
VIOLATION:
 Citations: 807AC & 808AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
807AC 4-50 City Registration Required 2 @ $250.00 $500.00 $0.00 $5.00 $255.00
808AC 4-27 Rabies Vaccination Required 2 @ $100.00 $200.00 $0.00 $5.00 $205.00
Animal Control Officer Pellot read the facts of the cases, presented photos, and explained the nature of the violation.  He confirmed that he initiated Cases #19-1025 and 19-1026 on April 10, 2019 and that the photos he took fairly and accurately depicted the violation.  He showed the photos to the witnesses.  He requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1.

Dale Munchler was sworn in as witness for the city.  He said he has seen the abuse of the animals as far as being left out in the conditions they are living in.  Officer Pellot said the dogs look healthy except for the fact they are left outside all the time.  He does not want the dogs taken away, just take care of them.

Erin Patrick and Tim Worthley were sworn in.  She said she had photos that the dogs were being taken care of.  She said she was not given a time limit to get the cages or she would have gotten one for each dog. She said Officer Pellot took her dogs out of her yard and the gate is not set up to be opened.  She said she cleans the water every day.  She feels like she is being harassed by her neighbor because he doesn't like dogs.  She provided the proof of rabies vaccination.  She has not had a chance to get the registrations.  

Susan Perry and Janice Douglas were sworn in.  They represent United for Animals.  Mr. Munchler contacted them in December about the condition of the dogs.  Janice Douglas says there is no shelter and food is thrown on the ground.  Susan Perry said she has driven by and seen the same thing.  Her concern was that the dogs were left alone and no one was living there.
 

The Special Magistrate found a violation does exist and that Erin Patrick is responsible for the violations. She ordered her to get the dogs registered on this date and the fines for city registration citation #807 would be waived. Failure to get the registration this date, June 19, 2019, the fines would revert back to the $255.00. The proof of rabies vaccination has been provided; therefore, citation #808 is waived.

 
J.
19-1026 AC 2501 Sunrise Blvd Patrick, Erin Ricardo Pellot
 
Case Initiated: April 10, 2019 Type of Presentation: Citation
 
VIOLATOR:
Erin Patrick
VIOLATION:
Citations: 805AC & 806AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
805 AC 4-24 (B) Failure to provide shelter 1 @ $250.00 $250.00 $0.00 $5.00 $255.00
806 AC 4-24 (A) Animal Neglect 1 @ $250.00 $250.00 $0.00 $5.00 $255.00
Animal Control Officer Pellot read the facts of the case and stated the previous case was witnessed and testified for this case also.
 

The Special Magistrate found a violation does exist and that Erin Patrick is responsible for the violations. She ordered her to provide proper shelter for both dogs within 14 days or the fine of $250.00 for citation #807 will be imposed. She is to keep in touch with Officer Pellot and let him know when the shelter is in place. She is responsible for citation #806 animal neglect and is to pay the fine of $250.00 within 30 days. Failure to pay the total amount due prio to the expiration date will results in the cast being turned over to the St. Lucie County Court and additional fees may be imposed.

 
 
K.
19-0981 PK IRD by Library Cameron, Peter Allen H Debevec
 
Case Initiated: April 13, 2019 Type of Presentation: Citation
 
VIOLATOR:
Peter Allen Cameron
PARKING VIOLATION:
Yellow Curb
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6284 10-23 (O) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Code Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation #6284 on April 13, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Peter Allen Cameron 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 by the City. 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.

 
L.
19-1273 AC 308 S 25th St Singletary, Daniel Kenny Nelson
 
Case Initiated: April 29, 2019 Type of Presentation: Citation
 
VIOLATOR:
Daniel Singletary
VIOLATION:
Citations: 571AC & 573AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
571AC 4-27 Rabies Vaccination Required 2 @ $100.00 $200.00 $0.00 $5.00 $205.00
573AC 4-50 City Registration Required 2 @ $250.00 $500.00 $0.00 $5.00 $255.00
Animal Control Officer Nelson read the facts of the case, and explained the nature of the violation.  He stated that the dog's owner is rebuilding his dog pen.

Daniel Singletary was sworn in.  He asked for more time to get the rabies shots and registration.
 

Special Magistrate continued this case for 30 days and told him to work with Officer Nelson.

 
N.
18-2990 AC 807 N 18th St Bailey, Sylvester BJ Gasparre
 
Case Initiated: April 19, 2019 Type of Presentation: Citation
 
VIOLATOR:
Sylvester Bailey
VIOLATION:
 Citations: #323AC & #324AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
323 AC 4-27 Vaccination Required 1 @ $100.00 $100.00 $0.00 $5.00 $105.00
324 AC 4-50 City Registration Required 2 @ $250.00 $500.00 $0.00 $5.00 $505.00
Animal Control Officer Gasparre read the facts of the case, and explained the nature of the violation. She said he's gotten the rabies but needs a little more time to get the registration.

Sylvester Bailey was sworn in.  He agreed a couple of weeks should be enough time.
 

Special Magistrate extended the time for two weeks to register the dogs. She said to work with Officer Gasparre.

 
O.
19-0067 AC 2308 Canal Terrace Menelas, Maculese BJ Gasparre
 
Case Initiated: April 17, 2019 Type of Presentation: Citation
 
VIOLATOR:
Maculese Menelas
VIOLATION:
Citations: #736AC & #737AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
736 AC 4-27 Rabies Vaccination Required 2 @ $100.00 $200.00 $0.00 $5.00 $205.00
737 AC 4-50 City Registration Required 2 @ $250.00 $500.00 $0.00 $5.00 $505.00
Animal Control Officer Gasparre  read the facts of the case explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Gasparre confirmed that she initiated Case # 19-0067on April 17, 2019. She said she has had no contact with the dog owner. The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Maculese Meneles 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 by the City. It was ordered that he pay the total amount on the citation as listed 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.

 
P.
19-696 AC 423 N 24th St Copeland, Frances BJ Gasparre
 
Case Initiated: March 8, 2019 Type of Presentation: Citation
 
VIOLATOR:
Frances Copeland
VIOLATION:
Citations: #714AC & #715AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
714 AC 4-27 Rabies Vaccination Required 3 @ $100.00 $300.00 $0.00 $5.00 $305.00
715 AC 4-50 City Registration Required 3 @ $205.00 $750.00 $0.00 $5.00 $755.00
Animal Control Officer Gasparre read the facts of the case.  She said the rabies vaccinations have been done and one dog is neutered.  She said the other two dogs may be too old, but that requires a Veterinarian's note.  Ms. Copeland needs a little more time to get the registrations.

Frances Copeland was sworn in. She agreed to get the dogs sterialized or a note from the Veterinarian and the city registrations within 30 days.
 

Special Magistrate continued this case for 30 days. Said to stay in touch with Officer Gasparre.

 
Q.
19-1070 PK Ave B / btwn 2nd St & IRD Green Motion Rentals ORL H Debevec
 
Case Initiated: April 20, 2019 Type of Presentation: Citation
 
VIOLATOR:
The Omni Collective LLC DBA Green Motion Rentals OR
PARKING VIOLATION:
Parked on ROW
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6300 10-23 (S) Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 6300 on April 20, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 

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.

 
R.
19-1077 AC 902 S 13th St Roderick, Duff Ricardo Pellot
 
Case Initiated: April 16, 2019 Type of Presentation: Citation
 
VIOLATOR:
Duff Roderick
VIOLATION:
Citation: 809AC 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
809AC 4-21 Running @ Large 1 @ $50.00 $50.00 $0.00 $5.00 $55.00
Animal Control Officer Pellot read the facts of the case and explained the nature of the violation. 

Roderick Duff was sworn in.  He said he put a lock on the door so the dogs couldn't get out.  He was there to pay the fine today.
 

The Special Magistrate found a violation does exist and that Roderick Duff is ordered to pay the amount on the citation number 809AC, $50.00, within 5 days. She waived the $5.00 surcharge. 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.
18-1851 CT 110 South Ocean Drive Beachfront Inn Heather Debevec
 
Case Initiated: | July 7,2018 Type of Presentation: Citation
 
OWNER:
Fort Pierce Inlet Beach Resort LLC
%Causeway Cove Marina LLC
601 Seaway Dr
Ft. Pierce, FL 34949 
VIOLATOR:
Beachfront Inn
110 S Ocean Dr.
Ft. Pierce, FL 34949
 
REGISTERED AGENT ( Beachfront Inn):
Costas Manouselis
1311 S Mirimar Ave
Indialantic, FL 32903
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
 621CE 5-375(B) Sea Turtle Lighting 1 @ $100.00 $100.00 $10.00 $110.00
Code Enforcement Officer Debevec read the facts of the case and explained the nature of the violation. This was presented last year and Special Magistrate's instructions were to wait and see if it reoccurs this year.  It is still in violation.  Photos were admitted as City's 1 composite.

Harold Smith was sworn in.  He was shown the photos.  He said he met with Joseph Scarola who had a piece of film and if the lights can be seen through the film they were not in compliance.  He recommended they put shields on the two lights on the seaside.  The rope lights will be turned off during the turtle season.  Mr. Smith will continue monitoring the lighting system and if needed, Mr. Scarola will come back out and give them further guidance.

Officer Debevec asked that they provide the City with a copy of the survey.  Special Magistrate asked if there was a letter from Mr. Scarola.  He said no but he would get a letter from him saying he is in compliance.
 

Special Magistrate Ross continued the case for 30 days.

 
B.
19-0741 CE 2202 Avenue I Goyens, Kenneth Heather Debevec
 
Case Initiated:| March 20, 2019 Type of Presentation: Regular
 
OWNER:
Kenneth Goyens
PO BOX 4103
Tampa, FL 33677 

 

IPMC 302.7 Accessory Structure
Code Enforcement Officer Debevec read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-0741 on March 20, 2019.  The respondent was not present.
 

The Special Magistrate found that a violation does exist and that Kenneth Goyens 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 by the City. 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 $50.00 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.
19-1106 CE 401 N 21st Street Universal Property Advisors LLC Heather Debevec
 
Case Initiated:| May 1, 2019 Type of Presentation: Regular
 
OWNER:
Universal Property Advisors LLC
2470 SE Windy Hill Rd Ste 300
Marietta, GA 30067 
REGISTERED AGENT:
April Johnson
2470 SE Windy Hill Rd Ste 300
Marietta, GA 30067  

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Code Officer Debevec read the facts of the case and confirmed she initiated Case #19-1106 on May 1, 2019. She has had no contact with the property owners.  The respondent was not present.
 

Special Magistrate continued this case until her next hearing date.

 
D.
19-0506 CE 1401 Reynolds Court Betts, Gwendolyn Heather Debevec
 
Case Initiated:| February 27, 2019 Type of Presentation: Regular
 
OWNER:
Gwendolyn Betts
3500 Avenue K
Ft. Pierce, FL 34947 
TENANT:
Linda Speed
1401 Reynolds Ct
Ft. Pierce, Fl 34950

Section(s): 16-46 - Maintenance of nuisance on property prohibited
Section(s): 16-48 (1) - Nuisance as an Object 
Section(s): 16-25(C) - Responsibility for Containers
Section(s): 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
Code Enforcement Officer Debevec read the facts of the case and explained the nature of the violation. She said that all violations have been complied except 16-25 (C) for the trash cans.

Gwendolyn Betts was sworn in.  She said the property is rental property.  She has spoke to the renters and asked them to remove the trash cans which they did, but she didn't know the trash cans weren't allowed by the fence, but on the side of the house.
 

Special Magistrate gave her until 1:00 on this date to have the renters move the trash cans from the fence to the side of the house.

 
E.
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.  She said this has been an ongoing problem.  Ms. Morris has tried to get the renters to comply, but each time she goes out to inspect the property, the outside storage, indoor furiture, and clothes hanging on the line are still there.
 

Special Magistrate Ross said she has some cultural concerns about this property owner and she wants to give them one more chance to take care of the violations. She continued this case until 7/10/2019.

 
F.
19-1026 CE 2501 Sunrise Boulevard Patrick, Erin Isaac Saucedo
 
Case Initiated: April 22, 2019 Type of Presentation:  Regular
 
OWNER:
Erin Patrick 
2501 Sunrise Boulevard
Ft Pierce, Fl 34982
OCCUPIED BY:
 

 

IPMC 304.2 - Protective treatment.
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 302.7-  Accessory structures.
Section 16-46, 16-47, 16-48 (8) – Nuisance – Stagnant Water
Code Enforcement Officer Saucedo read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Saucedo confirmed that he initiated Case # 19-1026 on April 22, 2019.  Photos were shown to the property owner and admitted as City's 1 composite.  He has had no communication with Ms. Patrick.  He was asked to explain each photo to Ms. Patrick and what needs to be done to correct the violation.

Erin Patrick was previously sworn in.  She said she is working on getting a shed within the next couple of days.  
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Erin Patrick has committed or is responsible for the violations. She ordered that the violator has 10 days in which to comply with the City's Code of Ordinances. In the event the violations are not cured or complied within the time given, a fine of $150.00 per day will be assessed for each day the violations continue 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
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned:
10:05 am

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk