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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, AUGUST 21, 2019.
 
1.
CALL TO ORDER:
9:03 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Heather Debevec
Code Enforcement Officer - Isaac Saucedo
Code Enforcement Officer - John Futch
FPPD #4919 - Guy Montgomery
FPPD #8520 - Mandrell Gibson
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-1070
PK Recall
 #6300 VOID
Ave B / btwn 2nd St & IRD

 
Ryan, Ferracane

 
Heather Debevec

 
 
Case Initiated: April 20, 2019 Type of Presentation: Citation
 
VIOLATOR:
Ferracane Ryan
 
PARKING VIOLATION:

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6300 10-23 (S) Parking Regulation
 Parked on ROW
1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
19-1248 PK
 PAID
Depot Drive Veloz, Alexis
#4815
Isaac Saucedo
 
Case Initiated:  l  May 21,2019 Type of Presentation: Citation
 
VIOLATOR
Alexis Veloz
PARKING VIOLATION:
Restricted Parking
 
Citation # Code Section      Counts/Fine Total Fine Admin Fee Late  Fee Total Due
4815 10-23(P) Parking Regulation         1/ $50.00 $50.00 $10.00 $18.00 $78.00
 
3.
19-1699 PK
 RESCHEDULE 10/2
210 A N 2nd St Walker, Charlene
#5117
John Futch
 
 
Case Initiated: July 1, 2019 Type of Presentation: Citation
 
VIOLATOR:
Charlene Walker
PARKING VIOLATION:
Restricted Parking
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
5117PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
 
4.
19-1249 PK
PAID
Depot Dr.
 
Casanova, Latasha Mincey
#4816
Isaac Saucedo
 
 
Case Initiated:  l   May 21, 2019 Type of Presentation: Citation
 
VIOLATOR:
Latasha Mincey Casanova
 
PARKING VIOLATION:
#4816
 
 
Citation # Code Section      Counts/Fine Total Fine Admin Fee Late  Fee Total Due
4816PK  10-23(P) Time         1@$50.00 $50.00 $10.00 $18.00 $78.00
 
5.
19-1342 PK Appeal
DISMISSED
1401 S Ocean Drive Villasmil, Rafael Enrrique Sanchez 
Hernandez, Cita
#1836
FPPD #8520 Gibson
 
Case Initiated:  May 27, 2019 Type of Presentation: Citation - Appeal
 
VIOLATOR:
Rafael Enrrique Sanchez Villasmil
Cita Hernandez (Appeal)
PARKING VIOLATION:
Parked on Yellow Line
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
1836 10-23(L) Parking Regulation $50.00 $10.00   $78.00
 
6.
19-1585 CE
COMPLIED
906 N 22nd Street Hicks, Cassandra G Heather Debevec
 
Case Initiated:| June 27, 2019 Type of Presentation: Regular
 
OWNER:
Cassandra Hicks
5810 Spanish River Rd
Ft. Pierce, FL 34951 
TENANT:
Clayton Cooper
906 N 22nd St Apt A
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5)  - Outside Storage
 
7.
19-1278 CE
COMPLIED
203 Gardenia Ave JBM Properties LLC Isaac Saucedo
 
Case Initiated:  May 23, 2019 Type of Presentation: Regular
 
OWNER:
JBM Properties LLC
12723 Ashley Falls Dr
San Diego, CA 9213
OCCUPIED BY:


 

Section 16-46, 16-47, 16-48 – Nuisance as a Condition
 
8.
19-1021 CE
COMPLIED
731 Tumblin Kling Road Collins, Janet L
Collins, Carroll 
Isaac Saucedo
 
Case Initiated: April 22, 2019 Type of Presentation: Regular  
 
OWNER:
Janet L. Collins
Carroll Collins
PO Box 4114
Ft. Pierce, FL 34948
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
Section 16-25 (C) – Responsibility for Containers
 
9.
19-1298 CE
COMPLIED
935 Skylark Drive  Simmons, Rosemarie Isaac Saucedo
 
Case Initiated: May 29, 2019 Type of Presentation: Regular 
 
OWNER:
Rosemarie A Simmons
5010 Amy Lane
Ft. Pierce, FL 34946
OCCUPIED BY:
 

 

Section 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 5-1.104.5 – Unsafe Building (covered windows)
Section 5-370 – Exterior Property and Landscaping
 
10.
19-1302 CE
COMPLIED
912 Skylark Avenue (TR) Hanna, Nagi S
(TR) Hanna,Ginger L
Isaac Saucedo
 
Case Initiated:  May 29, 2019 Type of Presentation: Regular
 
OWNER:
Nagi S Hanna (TR)
Ginger L Hanna (TR)
8706 SE Alabama Place
Hobe Sound, FL 33455
OCCUPIED BY:
 


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
11.
19-1296 CE
COMPLIED
2717 Oleander Avenue Chandler, John T 
Chandler, Lynne A
Isaac Saucedo
 
Case Initiated:  May 29, 2019 Type of Presentation: Regular
 
OWNER:
John T. Chandler
Lynne A Chandler
2717 Oleander Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:
 


 

Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
Section 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
 
12.
19-1309 CE
COMPLIED
909 Skylark Drive Savage, Wayne  Isaac Saucedo
 
Case Initiated: May 29,2019 Type of Presentation: Regular
 
OWNER:
Wayne Savage
P.O.Box 12011
Ft. Pierce, FL 34979
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
Section 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-1152
PK #2782
Jaycee Park
 
Townsend, Ernestia
 
Ofc. G. Montgomery
4919

Case Initiated: May 5, 2019 Type of Presentation: Citation

VIOLATOR:
Ernestia Latoya Townsend
PARKING VIOLATION:
Citation #2782

Citation # Code Section Fine Admin Fee Late  Fee Total Due
2782PK 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #2782 for violation of City Ordinance 10-23 (L).  He didn't have any photos to present.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Ernestia Townsend 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.

 
B.
19-1484
PK #8711
Jaycee Park
 
Bailey, Jacob
 
Ofc. Montgomery
4919

Case Initiated: June 8, 2019 Type of Presentation: Citation

VIOLATOR:
Jacob Ethan Bailey
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8711 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #2782 for violation of City Ordinance 10-23 (L).  He didn't have any photos to present.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Jacob Bailey 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.

 
C.
19-1488
PK #8715
Jaycee Park
 
Casiano, Marcus
 
Ofc. Montgomery
4919

Case Initiated: June 9, 2019 Type of Presentation: Citation

VIOLATOR:
Marcus E. Casiano
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8715 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #2782 for violation of City Ordinance 10-23 (L).  He didn't have any photos to present.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Marcus Casiano 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.

 
D.
19-1490 PK
Appeal #8717
Jaycee Park
 
Billisi Auto Sales Inc.
 
Ofc. Montgomery
4919

Case Initiated:  June 9, 2019 Type of Presentation: Citation Appeal

VIOLATOR:
Billisi Auto Sales Inc.
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8717 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00   $60.00
FPPD Officer Montgomery read the facts of the case and presented photos marked as composit Exhibit 1.  He correctred the violation to be code section 12-204.

was sworn in.  She said that day the park was packed and there was no where to park.  She said the police officer should give some guidance as to where people can park rather than issue citations.  She said after seeing the ticket they drove around the park and found the overflow parking in the back.

Code Compliance Manager Arraiz said there was a sign that points out where the overflow parking is.  

Ms. Bilisi said they were there unloading for a party they had rented a pavillion for.  She asked where people were supposed to unload if they can't park their car in these areas.  She was told there is an unloading area marked.  They can unload then move.
 

The Special Magistrate found a violation does exist and Billisi Auto Sales, Inc. are ordered to pay the amount on the citation $50.00. She waived the administrative charges of $10.00 and waived the $18.00 late fee for a total amount due of $50.00 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.

 
E.
19-1915 PK
Appeal 
Jaycee Park Palm, Diane
#8743
FPPD 4919
Montgomery

Case Initiated:  July 14, 2019 Type of Presentation: Citation Appeal

VIOLATOR:
Diane Palm
PARKING VIOLATION:
 Parked in Trailer Space

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8743 12-204 - Parking within parks $50.00 $10.00 $18.00 $78.00
FPPD Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8743 for violation of City Ordinance 12-204  He presented photos that were marked as composite 1.

Diane Palm was sworn in.  She said they were attending a church picnic and there was no place to park.  She saw a handicap sign and other cars parked in the area so her being handicapped also, she parked her car there.  She did not see the sign saying boat trailers only. 

Attorney Earley said there are signs indicating the spot is for trailers only and the one she was in was for people parking their trailers who are also handicapped.

Because she did have her handicap placard in view and this was an appeal the Special Magistrate said she would only charge her the administrative fee of $10.00.
 

The Special Magistrate found a violation does exist; however, she waived the citation charge and late fee leaving the administrative charges of $10.00 as total amount due 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.

 
F.
19-1676
PK #8725
Jaycee Park
 
Troche, Irving
 
Ofc. Montgomery
4919

Case Initiated: June 15, 2019 Type of Presentation: Citation

VIOLATOR:
Irving Caraballo Troche
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8725 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8724 for violation of City Ordinance 10-23 (L).  He presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Irving Troche 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.

 
G.
19-1677
PK #8724
Jaycee Park
 
Sixt Rent A Car LLC
 
Ofc. Montgomery
4919

Case Initiated: June 15, 2019 Type of Presentation: Citation

VIOLATOR:
Sixt Rent A Car LLC
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8724 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8724 for violation of City Ordinance 10-23 (L).  He presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Sixt Rent a Car 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 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.
19-1323
PK #2790
South Causeway
 
Funk, Melissa
 
FPPD Montgomery
#4919

Case Initiated:  May 16, 2019 Type of Presentation: Citation

VIOLATOR:
Melissa Ann Funk
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
2790 10-23(L) Parking Regulation
Restricted Parking
$50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8724 for violation of City Ordinance 10-23 (L).  He presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Melissa Funk 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.

 
I.
19-1353 PK Appeal 1401 S Ocean Drive Villasmil, Rafael Enrique Sanchez
Hernandez, Cita
#1839
FPPD #8520 - Gibson

Case Initiated: May 27, 2019 Type of Presentation:  Citation - Appeal

VIOLATOR:
Rafael Enrrique Sanchez Villasmil
Cita Hernandez (Appeal)
PARKING VIOLATION:
Restricted parking zone
Parked in boat and trailer only parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
1839 10-23(L) Parking Regulation $50.00 $10.00   $78.00
Assistant City Attorney Earley stated the respondent was present.  Officer Gibson presented the case on behalf of the City.  She confirmed that she issued citation #1839 for violation of City Ordinance 10-23 (L).  She presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.

Code Officer Isaac Saucedo was sworn in as translator and Cita Hernandez was sworn in for testimony. She said there was other cars there parked there and when they received the first ticket they moved to another area where there were more vehicles.  She didn't know this was for trailers only.  After getting the second citation they moved again. 

Attorney Earley said the City will acknowledge there were two citations issued on the same day and if she will satisfy the first citation, the City will dismiss the second citation referenced on case number 19-1342.
 

The Special Magistrate dismissed Case No. 19-1342. She found a violation does exist for Case No. 19-1353 and Rafael Villasmil is 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.

 
M.
19-1698 PK  124 N 2nd Street McClain, Tamiya
#5116
John Futch

Case Initiated: July 1, 2019 Type of Presentation: Citation
 
 
VIOLATOR:
Tamiya McClain
PARKING VIOLATION:
Obstructing Sidewalk

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5116PK 10-23(D) Parking Regulation $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8724 for violation of City Ordinance 10-23 (L).  He presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Tamiya McClain 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.

 
N.
19-1651 PK  Marina Lot Venergy Group, LLC
#5107
John Futch

 
Case Initiated: June 22, 2019 Type of Presentation: Citation
 

 
VIOLATOR:
Venergy Group, LLC
PARKING VIOLATION:
Parked facing wrong direction

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5107PK 10-23(T) Parking Regulation $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8724 for violation of City Ordinance 10-23 (L).  He presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Venergy Group 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 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.

 
O.
19-1621 PK  119 N 2nd Street Long, Jenny M
#5094
John Futch

Case Initiated: June 21, 2019 Type of Presentation: Citation

VIOLATOR:
Jenny M Long
PARKING VIOLATION:
Restricted Parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5094PK 10-23(L) Parking Regulation $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Early stipulated the respondent was not present.  She asked Code Enforcement Officer Futch a series of questions including if he issued the citation, where the citation was issued, does it accurately depict the violation and does he have any photos?  He affirmed everything was correct and he presented photos marked as composit Exhibit 1.  

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Jenny Long 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.

 
P.
19-1649 PK  Marina Alvarenga, Norman Armando
#5106
John Futch

Case Initiated: June 22, 2019 Type of Presentation: Citation

VIOLATOR:
Norman Armando Rubio Alvarenga
PARKING VIOLATION:
Parked facing wrong direction

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5106PK 10-23(T) Parking Regulation $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Officer Montgomery presented the case on behalf of the City.  He confirmed that he issued citation #8724 for violation of City Ordinance 10-23 (L).  He presented photos that were marked as composite 1.

City asked that a violation be found and that Special Magistrate issue a citation totaling $78.00.
 

The Special Magistrate finds that a violation does exist and that Norman Alvarenga 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.

 
Q.
19-1068 PK Appeal  Ave B beteen 2nd & IRD O'Shea, Marlene
Citation #6298
Heather Debevec

Case Initiated: | April 20, 2019 Type of Presentation: Citation - Appeal

VIOLATOR:
Marlene O'Shea
PARKING VIOLATION:
Parked on Right of Way

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6298 10-23(S)  Parking Regulation 1 @ $50.00 $50.00 $10.00   $60.00
Assistant City Attorney Earley stated the respondent was present.  Code Officer Debevec presented the case on behalf of the City.  She confirmed that she issued citation #6298 for violation of City Ordinance 10-23 (S).  She presented photos that were marked as composite 1.

Marlene O'Shea was sworn in.  She said she was here for the Farmer's Market and there was no place to park.  They have parked there many times and she didn't know they couldn't park on the right of way.  She said there are no signs saying they can't park there.  Since there are no signs saying no parking so people park where ever they can find to park.
 

The Special Magistrate found a violation does exist and Marlene O'Shea is 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.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-1586 CE 904 N 22nd Street Lubin, Romain Heather Debevec

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

OWNER:
Romain Lubin
904 N 22nd St
Ft. Pierce, FL 34950 
 

Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-25 (C) - Responsibility for Containers
Section 22-187(13) - Landscape Maintenance
Section 11-11 - Storage of Commodities
Code Compliance Manager Arraiz read the facts of the case.  The respondent was not present.
 

The Special Magistrate found that the violation 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.
19-1412 CE 2308 Canal Terrace Alouption, Mirielle Heather Debevec

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

OWNER:
Mirielle Alouption
1450 SW Dimperio Ave
Pt. St. Lucie, FL 34953 
TENANT:
Clairette Menelas
2308 Canal Terr Apt A
Ft. Pierce, FL 34950
TENANT:
Cornelius Evans
2308 Canal Terr Apt B
Ft. Pierce, FL 34950
 

IPMC 304.2 Protective Treatment
Code Enforcement Officer Debevec presented the case and provided photos marked as composit Exhibit 1.

Mirielle Alouption was sworn in.  She asked for more time stating the painter says due to the rainy weather and having other paint jobs he can't get to it right away.

Special Magistrate Ross asked if 60 days would be enough time and Ms. Alouption said she hoped so.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Mirielle Alouption has committed or is responsible for the violation(s). She ordered that the violator has 60 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.

 
D.
19-0812
CE
 
2705 Booker Street

 
Demery, John
Demery, Altamease
Knight, Lillian
Heather Debevec

 

Case Initiated:| April 3, 2019 Type of Presentation: Regular

OWNER:
John Demry
Altamease Demery
Lilian Knight
5705 Boxelder Trl
Killeen, TX 76542 
 

IPMC 304.1 - Exterior Structure  - General
This is a telephone conference.  Code Officer Debevec read the facts of the case and presented photos marked as composite Exhibit 1.  She said there is a hole in the carport and a portion of the roof is missing.  At this time there is no permit.

John Demery was sworn in.  He agreed to the allegations and said he has talked with Andros Roofing about doing the work.  He is trying to get up the $3,000.00 deposit to have the work done.  He said he could have the contractor pull the permit and start the work within the 30 days allowed.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that John Demery, Altamese Demery and Lillian Knight have committed or are responsible for the violations. She ordered that the violator(s) have 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 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.

 
E.
19-1099CE 1310 North 13th Street A and D Holdings Group LLC Heather Debevec

Case Initiated:| May 1, 2019 Type of Presentation: Regular

OWNER:
A and D Holdings Group LLC
14359 N 78th Pl
Loxahatchee, FL 33470 
REGISTERED AGENT:
Anneka Howell
1310 N 13th St
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 5-370 - Exterior Property and Landscaping
IPMC 304.2 - Protective Treatment
Code Officer Debevec read the facts of the case and presented photos marked as composit Exhibit 1.  She said she had spoken to Anneka Howell a couple of days earlier.  She said she was working on the violations but she couldn't be here today.  She said 10 days should be enough time.
 

The Special Magistrate finds that a violation does exist for Section 16-46, 16-47, 16-48 (1) (5) and that A and D Holdings Group 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 ten days to come into compliance or they would be fined $50.00 per day.

For Section 5-370 and IPMC 304.2 The Special Magistrate found that the violations 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.

The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
F.
19-1081CE 1006 North 17th Street Ventresco, John & Sallie Heather Debevec

Case Initiated:|  May 01, 2019 Type of Presentation: Regular

OWNER:
John Ventresco
Sallie Ventresco
2005 SE Kilmallie Ct
Pt St Lucie, FL 34952 
INTERESTED PARTY:
Charles Rodgers
1008 N 17th St Apt A
Ft. Pierce, FL 34950
 

Section 16-46, 16-47, 16-48 (10)(D) - Non- Operable Vehicles
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Code Compliance Manager Arraiz said this was a recall and the case has been cured.
 

The Special Magistrate found that the violation 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.

 
G.
18-2488CE 702 North 15th Street B and B Business Management Services Inc Heather Debevec

Case Initiated:| October 2, 2018
December 12, 2018 continued 30 days for permit
January 16, 2019 permit obtained continued with permit
Type of Presentation: Regular

OWNER:
B and B Business Management Services Inc
1216 York Ave #B
Ft. Pierce, FL 34982 
REGISTERED AGENT:
Brenda Paulin' Williams
1216 York Ave Suite B
Ft. Pierce, FL 34982

IPMC 304.2 Protective Treatment
Code Officer Debevec read the facts of the case.  She said the City received a fax from B & B Business Management Services and they are requesting a continuation.
 

Special Magistrate continued this case to September 19th hearing.

 
H.
19-1637 CE 610 N 23rd Street Castor, Simon Heather Debevec

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

OWNER:
Simon Castor
207 Dixieland Dr
Ft. Pierce, FL 34950 

 

Section(s): 22-187 (13) - Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 16-47 - Removal of Nuisance
Section(s): 5-1.105.1 - Permit Required
Code Officer Debevec read the facts of the case and presented photos marked as composite Exhibit 1.  She said Setion 16-47 and 5-1.105.1 were in compliance.  She said the property needs to be cleaned up and the vegetation removed from the fence.  

Code Compliance Manager Arraiz asked about the photos showing garbage bags on a wagon.  In further observance, they noted a man lying on the stoop and determined he was a vagrant.  It was suggested that Mr. Castor obtain "no trespassing signs" from the Fort Pierce Police Department.
She also told Mr. Castor that as the property owner he is responsible for all violations found on the property.

Mr. Castor said he would get it cleaned up.
 

Special Magistrate found that Section 22-187 (13) and 16-46, 16-47, 16-48 (1) (5) do exist and that Simon Castor has committed or is responsible for the violation(s). She ordered that the violator has 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(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.

 
J.
19-1277 CE 209 Gardenia Avenue Thurston, Brent Isaac Saucedo

Case Initiated:  May 23, 2019 Type of Presentation: Regular

OWNER:
Brent Thurston
5203 Hickory Drive
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
Section 16-25 (C) – Responsibility for Containers
Code Officer Saucedo read the facts of the case.  He presented photos via the computer.  City requested he print the photos which will be marked as composite Exhibit 1 and placed in file.  He said he inspected the day before and things are the same.  He stipulated no one was present to represent the case.
 

The Special Magistrate finds that a violation does exist and that Brent Thurston 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 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.

 
K.
19-1286 CE 2728 Oleander Blvd Cumerma, Roberto Isaac Saucedo
 
Case Initiated: May 29, 2019 Type of Presentation: Regular
 
OWNER:
Roberto Cumerma
2728 Oleander Blvd.
Ft. Pierce, FL 34982
ATTORNEYS FOR PLAINTIFF:
Moskowitz, Mandell, Salim & Simowitz, P.A.
800 Corporate Drive, Suite 500
Ft. Pierce, FL 33334

IPMC 302.7 - Accessory structures.
Section 11-11 – Storage of Commodities
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Code Compliance Manager Arraiz said this was a recall and is now complied.  She requested a Review and Determination be ordered.
 

The Special Magistrate found that the violation 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned: 11:00 am
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk