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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 10, 2019.
 
1.
CALL TO ORDER:
9:04 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Isaac Saucedo
Code Enforcement Officer - Heather Debevec
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-1328 1401 S Ocean Drive Rager, Vicky Officer Gibson
 
Case Initiated: | May 26, 2019 Type of Presentation: Citation - Appeal
First hearing date July 10, 2019  CONTINUED BY STAFF - OFFICER WAS UNABLE TO ATTEND
 
VIOLATOR:
Vicky Rager
PARKING VIOLATION:
Parked on grass marked boats & trailers only
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1817
 
10-23(L) Parking Regulation
Parked in resticted zone
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
19-1465 PK Jaycee Park Williams, Harry & Bonita Officer G. Montgomery
 
Case Initiated: | June 1, 2019 Type of Presentation: Citation - Appeal
First hearing date: July 10, 2019 WITHDRAWN BY OFFICER
 
VIOLATOR:
Harry & Bonita Williams
PARKING VIOLATION:
Parking in Handicap Space
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
8704 10-23(Q) Parking Regulation 1 @ $50.00 $50.00 $10.00   $60.00
 
3.
19-862 CE 2101 Orange Avenue 2101 Orange Inc. Isaac Saucedo
 
Case Initiated: April 3,2019 Type of Presentation: COMPLIED
 
OWNER:
2101 Orange Inc.
1560 SE Sunshine Ave
Port Saint Lucie, Fl 34952
Registered Agent:
Lisa J Fabrio
1560 SE Sunshine Ave
Port Saint Lucie, Fl 34952

IPMC 304.2 - Protective treatment.
Section 5-370 – Exterior Property and Landscaping
 
4.
19-1027 CE 1112 Trinidad Avenue Smith, Ronald E Isaac Saucedo
 
Case Initiated: April 22,2019 Type of Presentation: COMPLIED
 
OWNER:
Ronald E. Smith
2844 Blackwater Creek Drive
Lakeland, FL 33810
TENANT:
1112 TRINIDAD AVE
FORT PIERCE, FL 34950
 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 5-370 – Exterior Property and Landscaping
 
5.
19-1073 CE 2606 S 10Th Street Friason, Joyzell M Isaac Saucedo
 
Case Initiated: April 25, 2019 Type of Presentation: CONTINUED BY STAFF
 
OWNER:
Joyzell M. Friason
3964 Ledgewood Drive
Cincinnati, OH 45229
TENANT:
2606 S 10th Street
Ft. Pierce, FL 34950
 
 
IPMC 302.7 - Accessory structures.
Section 22-67 (B)(5) – Fence Maintenance – Permit Required
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
 
6.
19-1106 CE 401 N 21st Street Universal Property Advisors LLC Heather Debevec
 
Case Initiated:| May 1, 2019 Type of Presentation: PULLED BY STAFF
 
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
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-1053 PK   Indian River North by Library Benkert, Marilyn Heather Debevec
 
Case Initiated: April 20, 2019 Type of Presentation: Citation Appeal
 
VIOLATOR:
Marilyn Benkert
PARKING VIOLATION:
Yellow Curb / No Parking
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
9064 PK 10-23 (O) Parking Regulation 1 @ $50.00 $50.00 $10.00 $0.00 $60.00
Code Officer Debevec reviewed the case as this is a recall.  She provided a copy of her vendor card and a copy of the citation.  She recommended voiding the citation.
 

Special Magistrate Ross dismissed the citation.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-0870 CE 1117 Orange Avenue Stately Dolphin LLC Isaac Saucedo
 
Case Initiated: April 4, 2019 Type of Presentation:  Regular
 
OWNER:
Stately Dolphin LLC
4261 13th Street
Wyandotte, MI 48192
Responsible Party:
Frank H Fee III
426 Avenue A
Ft Pierce, Fl 34950

IPMC 304.2 - Protective treatment.
Code Officer Saucedo read the facts of the case and provided photos which were admitted as City's 1 Composite.  The respondent was not present.
 

The Special Magistrate found that a violation does exist and that Stately Dolphin LLC 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 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 will 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

 
B.
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 case was continued to give Ms. Morris a chance to bring the property into compliance.  It is now in compliance and Staff is asking for an order of Review and Determination.

Gwendolyn Morris was present but did not testify nor was she sworn in.  She had just attended to hear that the violations were in compliance.
 

The Special Magistrate found that the violation(s) 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.

 
C.
19-1014 CE 1218 Avenue I Murphy, Lazatha Heather Debevec
 
Case Initiated:| April 24, 2019 Type of Presentation: Regular
 
OWNER:
Lazatha Murphy
3403 Avenue P
Ft. Pierce, FL 34947 

 

Section 5-367 - Vacant Building
Section 5-370 - Exterior Property and Landscaping
Code Officer Debevec read the facts of the case.  She said she spoke to Mr. Murphy this morning and he provided a copy of the building permit.

Lazatha Murphy was sworn in.  He confirmed he had a building permit.  The demo has been done and he's working with an engineer to help him draw up plans to renovate the house.  He has not had an inspection done yet.

Code Compliance Manager Arraiz said Staff was agreeable to continuing the case for 90 days, October 2nd to allow him to get the rehab permit.
 

Special Magistrate Ross continued this case until October 2, 2019.

 
D.
19-0997 CE 1007 Avenue M National Debt Relief Services Inc Heather Debevec
 
Case Initiated:| April 24, 2019 Type of Presentation: Regular
 
OWNER:
National Debt Relief Services Inc
15160 Sw 136th St Unit 7
Miami, FL 33196 
REGISTERED AGENT:
N/A

 
TENANT:
Kimberly Williams
1007 Avenue M Apt A
Ft. Pierce, FL 34950
TENANT:
Elizabeth Berroa
1007 Avenue M Apt B
Ft. Pierce, FL 34950

Section 5-370 - Exterior Property and Landscaping
IPMC 304.2 - Protective Treatment
Code Enforcement Officer Debevec read the facts of the case and presented photos which were admitted as City's 1 composite.  She said she spoke to Mr. Copley this morning and explained what needed to be done.  He said he would take care of everything weather permitting.

Marshall Copley was sworn in.  He said he was unaware of the issues but he would take care of it.  He is the property manager and asked to be kept current on the case.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that National Debt Relief Services Inc. has committed or is responsible for the violation(s). She ordered that the violator(s) have 10 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 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.
06-0787 LR 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
Code Compliance Manager Arraiz read the facts of the case and reviewed the 7 criteria required to make a determination for reduction.  The total amount of the fine is $19,250.00.  Staff is in agreement to reduce the fines to $1,000.00.  Mr. Petit has requested to reduce to $250.

William Petit was sworn in.  He manages the property.   He questioned the compliance date and after checking the case file Ms. Arraiz agreed the time was in error and after making the correction the total was still more than her first recommendation.  Mr. Petit misunderstood the orders when he went for a Massey hearing on October 10, 2007.  At that time the Special Magistrate denied his request to stop fines. He said he would like it reduced to $250.00.  Special Magistrate Ross asked if it was a rental property and he said yes, but he was trying to sell it. 
 

Special Magistrate Ross reviewed the 7 criteria required by Rule 17 and after testimony from Staff and property owner, will recommend the City Commission reduce the lien from $19,250.00 to $1200.00 payable in 90 days. If not paid within that time the lien would revert to its original amount.

 
B.
13-0689 LR 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
Code Compliance Manager Arraiz read the facts of the case and said a lot of the previous case information applies to this case.  She said the total amount of these fines is $68,540.00.  Mr. Petit is requesting a reduction to $250.00 and Staff is not agreeable to this.  She reviewed the 7 criteria.  Staff is agreeable to a reduction to $1,100.

Mr. Petit agreed to the $1,100.00 payable in 90 days.
 

Special Magistrate Ross reviewed the 7 criteria required by Rule 17 and after testimony from Staff and property owner, will recommend the City Commission reduce the lien from $68,540.00 to $1,100.00 payable in 90 days. If not paid within that time the lien would revert to its original amount.

 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned:
9:45 am

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk