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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, JULY 17, 2019.
 
1.
CALL TO ORDER:
9:01 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
Kenny Nelson - Animal Control Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-1340 CE
COMPLIED
2703 Avenue D Bernice, Joyce Heather Debevec
 
Case Initiated:| May 30, 2019 Type of Presentation: Regular
 
OWNER:
Bernice Joyce
711 Valencia Ct
Winter Garden, FL 34787 
TENANT:
Melissa Mounts
2703 Avenue D
Ft. Pierce, FL 34950

Section 22-67 (B)(2), 22-53 - Clear Vision Area
 
2.
19-0774 CE
COMPLIED
2203 Avenue E Elite Groceries Heather Debevec
 
Case Initiated:| March 23, 2019 Type of Presentation: Regular
 
OWNER:
Buteau Morestant
1897 Idaho Ln
Port. St. Lucie, FL 34953 
 
VIOLATOR:
Elite Groceries
2203 Avenue E
Ft. Pierce, FL 34950
EMAIL: mahmoud.farhoud88@gmail.com
TENANT LISTED:
NED Trading Group Inc
2203 Avenue E
Ft. Pierce, FL 349950
REGISTERED AGENT to TENANT:
Nidal Farhoud
2203 Avenue E
Ft. Pierce, FL 34950

Section 9-27(B) - Doing Business without a Tax
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-0552
AC
1308 N 21st Street Unit B
 
Peterson, Derrrick
#313 AC & 314 AC
BJ Gasparre
 
 
Case Initiated: | April 20, 2019 Type of Presentation: Citation - Animal Control
 
VIOLATOR:
Derrick Peterson
 
ANIMAL CONTROL VIOLATION(S):

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
313 AC 4-27 Rabies Registration Req.  2 @ $ 50.00 $100.00 $10.00 $5.00 $115.00
314 AC 4-50 Registration Required 2 @ $125.00 $250.00 $10.00 $5.00 $265.00
  TOTAL FINES DUE   $350.00 $20.00 $10.00 $380.00
Code Compliance Manager Arraiz read the facts of the case.  She said the data base had been checked and she found no rabies or registrations had been isssued.  Mr. Peterson was not there to testify.

Prior to close of the hearing Derrick Peterson arrived at the Special Magistrate meeting and his case was recalled.  Code Compliance Manager Arraiz reviewed  the facts of the case.

Derrick Peterson was sworn in.  He said there was only 1 dog now and presented proof of rabies.  He said the dog, Diesel, actually belonged to his brother, Richard.

Richard Peterson was sworn in.  He confirmed the dog was his.   He did not want to have the dog sterialized and agreed to pay the $75.00 registration fee before the end of day.
 


The Special Magistrate found a violation does exist for Citation #314 and after being presented a copy of the proof of rabies, the Special Magistrate waived citation #313. She ordered the city registration to be done before the end of day. If obtained, the citation would be waived. If not obtained by the end of day, the fines of $265.00 would be due within 30 days and if not paid within that time, the citation would be forwarded to the county court system.

 
B.
19-696 AC 423 N 24th St Copeland, Frances
#714AC & #715AC
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
Code Compliance Manager Arraiz read the facts of the case.  She said they had checked the data base.  The rabies had been obtained but they had not gotten the registration.  

Prior to the end of the meeting Ms. Copeland arrived.  The case was recalled.  Frances Copeland was sworn in.  She presented the registrations which she had obtained from Tri County Veternariay Hospital. 

As the rabies and registration was in compliance, Ms. Arraiz recommended waiving the fines.
 

After hearing testimony from Code Compliance Manager Arraiz and Frances Copeland, the Special Magistrate dismissed the case.

 
C.
19-1273 AC 308 S 25th St Singletary, Daniel
#571AC & 573AC
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.  There was no one present to testify. He asked the Special Magistrate to find Daniel Singletary in violation of the stated codes.
 

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 numbers listed as follows; 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.
19-1527 CE 418 North 25th Street Monds, Inez Heather Debevec

Case Initiated:| June 19, 2019 Type of Presentation: Regular

OWNER:
Inez Monds
665 Nw Fairhaven Ave
Port. St. Lucie, FL 34983 
TENANT:
Wonderful Wheels
418 N 25th St
Ft. Pierce, FL 34950 
Wonderful Monds
665 NW Fairhaven Dr
Pt St Lucie, FL 34983
 

Section 16-46, 16-47, 16-48 (10)(D) - Non Operable Vehicles
Code Enforcement Officer Debevec read the facts of the case and presented each case as one.  She presented photos which were marked as composit Exhibit 1.  She said she had spoke to Wonderful Monds, the son, this morning and he said they were in the process of moving the vehicles.  He said they had no intention of opening the business anymore and was not going to continue with the application for a business tax receipt.  There was no one present to represent the property owners.
 

After hearing testimony from Code Officer Debevec the Special Magistrate found Inez Monds, Wonderful Monds, and Wonderful Wheels in violation of the 3 cases presented. She ordered the violations be corrected within 10 days of the hearing date or the City would take the necessary steps to bring the property into compliance and the costs would be assessed against the property. In addition, if not brought into compliance, there would be a fine of $100.00 per day assessed.

 
B.
19-1417 CE  North 25th Street
2409-603-0013-0006
Monds, Inez Heather Debevec

Case Initiated:| June 5, 2019 Type of Presentation: Regular

OWNER:
Inez Monds
665 NW Fairhaven Dr
Port. St. Lucie, FL 34984
 

Section 16-46, 16-47, 16-48 (10)(D) - Non Operable Vehicles
See case #19-1527.
 

After hearing testimony from Code Officer Debevec the Special Magistrate found Inez Monds, Wonderful Monds, and Wonderful Wheels in violation of the 3 cases presented. She ordered the violations be corrected within 10 days of the hearing date or the City would take the necessary steps to bring the property into compliance and the costs would be assessed against the property. In addition, if not brought into compliance, there would be a fine of $100.00 per day assessed.

 
C.
19-1456 CE   North 25th Street
2409-603-0013-0006
Monds, Inez Heather Debevec
 
Case Initiated:| June 7, 2019 Type of Presentation: Regular
 
OWNER:
Inez Monds
665 NW Fairhaven Dr
Port. St. Lucie, FL 34984 
 

Section 16-46, 16-47, 16-48 (10)(D) - Non Operable Vehicles
See case #19-1527.
 

After hearing testimony from Code Officer Debevec the Special Magistrate found Inez Monds, Wonderful Monds, and Wonderful Wheels in violation of the 3 cases presented. She ordered the violations be corrected within 10 days of the hearing date or the City would take the necessary steps to bring the property into compliance and the costs would be assessed against the property. In addition, if not brought into compliance, there would be a fine of $100.00 per day assessed.

 
D.
19-1415 CE 2302 Avenue C Filmore Sr, Rufus Heather Debevec

Case Initiated:| June 5, 2019 Type of Presentation: Regular

OWNER:
Rufus Filmore Sr
2302 Avenue C
Ft. Pierce, FL 34950 

 

Section 16-46, 16-47, 16-48 (10)(D) - Non Operable Vehicles
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as composite Exhibit 1.  She said Mr. Filmore was in an R-4 zoning and needed commercial status.  He would need to obtain a conditional use permit.

Rufus Filmore Sr. was sworn in.  He said he was not aware of this.  He asked what he had to do to obtain the conditional use.  He said all but two box trucks, a van , and a flat trailer were gone.  He said he needed a little more time to get everything done.   

Officer Debevec requested a continuance.
 

After hearing testimony from Mr. Filmore, the Special Magistrate continued this case until the next hearing date, August 7, 2019.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
14-0881
CE
1608 S 27th Street Handzel, Mark Peggy Arraiz

Case Initiated:  April 28, 2014 Type of Presentation: Old Business

VIOLATOR: Previous Address
Mark Handzel
1608 S 27th Street
Ft. Pierce, FL 34947
Current Address:
Mark Handzel
1709 S US Highway 129
Bell, FL 32619

Section(s): 5-368 (1) (3) Property Maintenane
Section(s): 5-368 (6) Fence Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage 
Section(s): 22-187 (13) (b) Landscape Maintenance
Code Compliance Manager Arraiz read the facts of the case.  She said the structure had caught fire and the owner had problems with the insurance company.  After bringing all the other violations into compliance he was not able to get financing for renovating the property because of the original order requiring demolition of the property.  Other than this, the property has been maintained.

Mark Handzel was sworn in for testimony.  He confirmed the facts and requested the Special Magistrate amend the order removing the requirement to rehab or demolition in order for him to obtain funding to rehabilitate.
 

After hearing testimony, the Special Magistrate ordered the order dated June 3, 2015 to be amended and remove the "obtain permits and complete renovations to the house or complete demolition".

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Adjourned:
9:40 am

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk