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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, SEPTEMBER 18, 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 Enforcement Supervisor
Heather Debevec - Code Enforcement Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-1512 CE
Pulled
107 N 29th Street  Hatfield, James Isaac Saucedo
 
Case Initiated: June 13,2019 Type of Presentation: Regular
 
OWNER:
James Hatfield
PO BOX 1506
Ft. Pierce, FL 34954
OCCUPIED BY:
 

 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 9-27 (B) – Doing Business without a Tax
IPMC 304.2 Protective treatment.
Section 15-3(b) – Removal of signs.
 
2.
19-1699 PK
 Re-scheduled
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
 
3.
19-1590  CE
Re-scheduled
808 N 22nd Street Perez, Joshua Heather Debevec
 
Case Initiated:| June 17, 2019 Type of Presentation: Regular
 
OWNER:
Joshua Perez
PO Box 245190
Pembroke Pines, FL 33024 
 

IPMC 302.7 - Accessory Structure
 
4.
PUBLIC HEARINGS - CITATIONS
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
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 and presented photos marked as composit Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that B & B Business Management Services Inc. 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.

 
B.
19-1165  CE 1405 N 22nd Street B and B Management Services Inc Heather Debevec

Case Initiated:| May 15, 2019 Type of Presentation: Regular

OWNER:
B and B Management Services Inc
1216 York Ave Ste B
Ft. Pierce, FL 34982 

 

IPMC 304.2 - Protective Treatment
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1.
 

The Special Magistrate finds that a violation does exist and that B&B Services Management Inc. 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.

 
D.
19-1007  CE 1004 N 17th Street Bailey, Stephen Heather Debevec

Case Initiated:| April 24, 2019 Type of Presentation: Regular

OWNER:
Stephen Bailey
1004 N 17th Street
Ft. Pierce, FL 34950 
TENANT:
Lekeila Merritt
1004 N 17th St Apt B
Ft. Pierce, FL 34950 

IPMC 304.2 Protective Treatment
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1 dated September 12.  She said she spoke to the violator prior to today and he did pressure wash the wall; however, it still needs to be painted.  He wants to re-stucco it instead.

Stephen Bailey was sworn in.  He confirmed that he had pressure washed the wall.  He said he was going to re-stucco it and was concerned the stucco wouldn't stick to the paint.
 

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

 
E.
19-1091  CE 1114 N 17th Street Smith, Eddie Heather Debevec

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

OWNER:
Eddie Smith
2410 S 14th St
Ft. Peirce, FL 34950 
TENANT:
Tenant
1114 N 17th St
Ft. Pierce, FL 34950

IPMC 302.7 Accessory Structure
IPMC 304.7 Roofs and Drainage
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1.  She said as of September 12 no permits have been issued.
 

Special Magistrate found that a violation does exist and that Eddie Smith 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 per day 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.

 
F.
19-0417  CE 206 N 18th Street Alley, Mark
Alley, Paula
Heather Debevec

Case Initiated:| February 9, 2019 Type of Presentation: Regular

OWNER:
Mark Alley
Paula Alley
206 N 18th St
Ft. Pierce, FL 34950 

 

IPMC 304.2 Protective Treatment
Code Officer Debevec read the facts of the case and presented photos marked as composit exhibit 1. She said everything was done but the painting.

Mark Alley was sworn in.  He said he had surgery last year, his garage burned down, he works 7 days a week and he was planning to do the work over Labor Day weekend but the storm came in.  He said it also rains everyday.  He asked for a little more time and Officer Debevec agreed to an additional 60 days.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Mark & Paula Alley committed or is responsible for the violation(s). She ordered that the violator(s) have 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.

 
G.
19-1648  CE 612 N 23rd Street All Around Town LLC Heather Debevec

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

OWNER:
All Around Town LLC
2225 NW 32nd Terr
Lauderdale Lakes, FL 33311 
REGISTERED AGENT:
Mary McFadden
2225 NW 32nd Terr
Lauderdale Lakes, FL 33311 
TENANT:
Sandria Staines
612 N 23rd St
Ft. Peirce, FL 34950
INTERESTED PARTY:
Sophie Lupowitz & Bonnie Finkel
10155 Collins Ave #1404
Bal Harbour, FL 33154
INTERESTED PARTY:
Barbara Bloch
6724 Casa Grande Way
Delray Beach, FL 33446
INTERESTED PARTY:
All Around Town LLC
2001 Avenue I
Ft. Pierce, FL 34950
INTERESTED PARTY:
First Realty Partners LLC
2400 Cypress Creek #101
Ft. Lauderdale, FL 33309
INTERESTED PARTY:
Joseph Mondell
2400 Cypress Creek #101
Ft. Lauderdale, FL 33309
INTERESTED PARTY:
John Penson
150 W Flagler St Ste 1675
Miami, FL 33130
pensonservice@gmail.com
john@pensonlaw.org
 

IPMC 302.7 Accessory Structure
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1.  

Shanti Wesley was sworn in.  She said she has repaired the fence.

Code Officer Debevec said she has not been able to verify this and asked that the case be continued.
 

The Special Magistrate continued this case until her next hearing date to allow for officer to inspect the property.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
0.
18-2687
Massey
516 Means Court
 
Elbethel Community Development
Center, Inc.
Heather Debevec
 

Case Initiated:  October 26, 2018 Type of Presentation: Massey

OWNER:
Elbethel Community Development Center Inc.
2221 N 53rd Street
Ft. Pierce, FL 34946

REGISTERED AGENT:
Clarence Ingram
2221 N 53rd Street
Ft. Pierce, FL 34946
 

Section(s): 16-25 (C) - Responsibility for Containers.
IPMC 304.1 - Exterior Structure - General.
IPMC 304.2- Protective Treatment.
Section(s): 16-46, 16-47, 16-48 (1) (5) - Outside Storage.
Code Officer Debevec read the facts of the case and presented the 3 criteria used to determine whether to reduce the fines or not.

Clarence Ingram was sworn in.  He agreed to the $500.00 and asked for additional time to pay.  He said a year would be satisfactory.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $2,780.00 to $500.00 payable in 12 months. If not paid within this time the fines would revert to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
19-0938  CE
Extension of time
2501 Avenue F William & Amy Said Heather Debevec

Case Initiated:  April 5, 2019 Type of Presentation: Extension of Time

OWNER:
William & Amy Said
5925 Batchelor Terr
Port St. Lucie, FL 34986

 

Section 16-46, 16-47, 16-48(10)(D) - Non Operative Vehicle
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1.  She said most of the vehicles had been tagged or removed.  There was 3 trailers left on the property.

William Said was sworn in.  He said he was having to work with the county also.  The 3 trailers have no VIN numbers.  He finally got the bill of sales but the Judge has to review it.  He said he needed a little more time because of this.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated May 1, 2019 be and the same is hereby granted to the extent specified in this Order.

  1. In the event the violations specified in said Order Determining Violation dated May 1, 2019 are not remedied within 30 days of September 18, 2019 there shall be imposed a fine at a daily, cumulative rate of $50.00.
  2. All other provisions of said Order Determining Violation dated May 1, 2019 shall remain in full force and effect.

 
B.
19-1534
AL Appeal
2210 Orange Avenue Jaber's Pharmacy Margaret M. Arraiz

Case Initiated:  June 17, 2019 Type of Presentation: Alarm Appeal

APPELLATE:
Jaber's Pharmacy Inc.
2210 Orange Avenue
Fort Pierce, FL 34950

 

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 03/02/2019 14-24 Excessive False Alarm Signals Commercial 0 $ 0.00
05/17/2019 14-24 Excessive False Alarm Signals Commercial 1 $100.00
Code Compliance Supervisor Vanderhorst read the facts of the case.

Jamal Saul was sworn in.  He said there was an issue of the power going on and off.  He said he told the police department not to come out but they did anyway.  He had ADT check and the power was going off.  He hasn't had any other issues since the 19th of May.

Supervisor Vanderhorst said they had checked with the power company and they show no outages reported.  She presented an email marked as exhibit 1.

He said it happened each day at the same time.  Every time the power goes off, the alarm goes off.   Three people are supposed to be notified of the alarm going off. He said he was the one who got the call and he told them not to come out. The last time it went off, it burned the transmitter.  

Assistant City Attorney Earley asked about the alarms going off each day at the same time.  She entered into evidence defence exhibit 1 a statement from the manager that they had checked with FPUA and they said the power had not gone off.  He presented a video showing the power did go off and then came back on.
 

The Special Magistrate found Jaber's Pharmacy responsible for the violations. She ordered the following to be paid within 30 days

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
03/02/2019 14-24 – Excessive false alarm signals Commercial 0 0
05/17/2019 14-24 – Excessive false alarm signals Commercial 1 $100.00
Total False Alarm Fines $100.00
This order shall be forwarded to Cry Wolf for processing.

 
C.
19-1533
AL Appeal
2311 Avenue D DC Grocery
Donald Coe
Margaret M. Arraiz

Case Initiated:  June 17, 2019 Type of Presentation: Alarm Appeal

APPELLATE:
D.C. Grocery
Joyce A Holloway
Donald Coe
2302 Avenue G, Apt B
Fort Pierce, FL 34950
 

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 7/15/2018 14-24 Excessive False Alarm Signals Commercial 0 $ 0.00
08/30/2018 14-24 Excessive False Alarm Signals Commercial 1 $100.00
10/17/2018 14-24 Excessive False Alarm Signals Commercial 2 $200.00
11/01/2018 14-24 Excessive False Alarm Signals Commercial 3 $400.00
Code Compliance Supervisor Vanderhorst read the facts of the case.  She said there has been no alarms since November 1, 2018.

Joyce Holloway and Donald Coe were sworn in.  She said she didn't know how they went off.  The alarm company said there was nothing wrong with the system.  They did not receive any calls that the alarm was going off.  She said when the alarm goes off it's usually in the middle of the night and she doesn't hear the phone ring. She paid the $100.00 but appealed the rest.  Mr. Coe said he had the alarm cut off but he was still having to pay for it. 

Supervisor Vanderhorst went over the summary of alarms.  She said when the alarm went off they didn't have the ID and gave an improper  pass code.  Each incident an improper pass code was given.
 

The Special Magistrate found DC Grocery was in violation of Chapter 14 Article II and the Alarm Systems did exist.

  1. The alarm system owner did provide sufficient evidence to support their appeal of the false alarm penalties.
  2. The alarm system owner’s account shall be updated to comply with this order and shall retain their current false alarm count status of 3 false alarms.
VIOLATIONS:
The Special Magistrate found DC Grocery was responsible for the violations. She ordered the following to be paid within 30 days.
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
7/15/2018 14-24 – Excessive false alarm signals Commercial 0 0
8/30/2018 14-24 – Excessive false alarm signals Commercial 1 Paid
10/17/2018 14-24 – Excessive false alarm signals Commercial 2 $200.00
11/01/2018 14-24 – Excessive false alarm signals Commercial 3 waived
Total False Alarm Fines Due $200.00
This order shall be forwarded to Cry Wolf for processing.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned:
10:10 am

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk




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