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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, OCTOBER 16, 2019.
 
1.
CALL TO ORDER:
9:10 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
Isaac Saucedo - Code Enforcement Officer
John Futch - Code/Parking Officer
Damian Spotts - FPPD Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-2144 PK
PAID
South Causeway Durham, Leif E
Citation #3653
#4919 Montgomery

Case Initiated: July 28, 2019 Type of Presentation: Citation

VIOLATOR:
Leif E Durham
PARKING VIOLATION:
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
3653PK 10-23(L) Improper Parking $50.00 $10.00 $18.00 $78.00
 
2.
19-2147 PK
PAID
Jaycee Park Boyd, Steven & Kerry
Citation #8750
#4919 Montgomery

Case Initiated: July 27, 2019 Type of Presentation: Citation

VIOLATOR:
Steven Wayne Boyd and Kerri Lynn Boyd
PARKING VIOLATION:
Trailer parked in auto space

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8750PK 10-23(L) Improper Parking $50.00 $10.00 $18.00 $78.00
 
3.
19-1993PK
PAID
113 N 2nd St. Rabelo, Jovanni 
Donnick, Tammy
Citation #9206
#8889 John Futch

Case Initiated:  July 25, 2019 Type of Presentation: Citation

VIOLATOR:
Jovanni Lazaro Rabelo
Tammy Diane Donnick
PARKING VIOLATION:
2 hour parking violation
 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
9206PK 10-23(P) Time limited $50.00 $10.00 $18.00 $78.00
 
4.
19-2146 PK
PAID
South Causeway
 
Vigil, Jinette Andrea
Citation #3652
#4919 Montgomery
 
Case Initiated: July 27, 2019 Type of Presentation: Citation
 
VIOLATOR:
Jinette Andrea Vigil
PARKING VIOLATION:
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
3652PK 10-23(L) Improper Parking $50.00 $10.00 $18.00 $78.00
 
5.
19-1917PK
Re-Scheduled
Jaycee Park Shealy, Lisa Anne
Citation #8744
#4919 Montgomery
 
Case Initiated: July 14, 2019 Type of Presentation: Citation
 
VIOLATOR:
Lisa Anne Shealy
PARKING VIOLATION:
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
8744PK 10-23(L) Improper Parking $50.00 $10.00 $18.00 $78.00
 
6.
 
19-1912PK
Re-Scheduled
South Causeway Park Perez, Susana De Las Mercedes & Pedro
Citation #8741
#4919 Montgomery
 
Case Initiated: July 14, 2019 Type of Presentation: Citation
 
VIOLATOR:
Susana De Las Mercedes and Pedro Perez
PARKING VIOLATION:
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
8741PK 10-23(L) Improper Parking $50.00 $10.00 $18.00 $78.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-1737PK Orange Ave./Indian River Dr. lot Thomas, Michael John
Citation #5126
Futch

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

VIOLATOR:
Michael John Thomas
PARKING VIOLATION:
2 hour parking violation

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5126PK 10-23(P) Time limited $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Code/Parking Officer Futch presented the case on behalf of the City.  He confirmed that he issued citation #5126 for violation of City Ordinance 10-23 (P).  He presented photos and they were marked as composite Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that Michael Thomas 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.
19-1808PK Orange Ave./Melody Lane Fecher, Austin
Bullard, Rebecca
# 5145
#8889 John Futch

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

VIOLATOR:
Austin Douglas Fecher
Rebecca Charice Bullard
PARKING VIOLATION:
2 hour parking violation
 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
5145PK 10-23(P) Time limited $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Code/Parking Officer Futch presented the case on behalf of the City.  He confirmed that he issued citation #5145 for violation of City Ordinance 10-23 (P).  He presented photos and they were marked as composite Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that Austin Fecher 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.
19-2098 PK 120 Orange Ave. Viera, Josue G Cruz
Citation #9219
#8889 John Futch

Case Initiated:  08/06/2019 Type of Presentation: Citation

VIOLATOR:
Josue G Cruz Viera
PARKING VIOLATION:
2 hour parking violation

Citation # Code Section Fine Admin Fee Late  Fee Total Due
9219PK 10-23(P) Time limited $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Code/Parking Officer Futch presented the case on behalf of the City.  He confirmed that he issued citation #9219 for violation of City Ordinance 10-23 (P).  He presented photos and they were marked as composite Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that Josue G Cruz Viera 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.
19-1906 PK 205 S 2nd St. Sanchez, Rebecca Faye
Citation #5149
#8889 Futch

Case Initiated:  July 23, 2019 Type of Presentation: Citation

VIOLATOR:
Rebecca Faye Sanchez
PARKING VIOLATION:
2 hour parking violation

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5149PK 10-23(P) Time limited $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Code/Parking Officer Futch presented the case on behalf of the City.  He confirmed that he issued citation #5149 for violation of City Ordinance 10-23 (P).  He presented photos and they were marked as composite Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that Rebecca Faye Sanchez 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 charge

 
E.
19-1741PK Orange Ave./Indian River Dr. lot Wedebrook, Rebecca Sue
Citation #5127
#8889 John Futch

Case Initiated:  July 9, 2019 Type of Presentation: Citation
 
 
VIOLATOR:
Rebecca Sue Wedebrook
PARKING VIOLATION:
2 hour parking violation
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
5127PK 10-23(P) Time limited $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Code/Parking Officer Futch presented the case on behalf of the City.  He confirmed that he issued citation #5127 for violation of City Ordinance 10-23 (P).  He presented photos and they were marked as composite Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that Rebecca Sue Wedebrook 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.

 
F.
19-1790PK 100 Block of S 2nd St. Estime, Aleecia A
Citation #5135
#8889 John Futch

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

VIOLATOR:
Aleecia A Estime
PARKING VIOLATION:
Parked facing traffic

Citation # Code Section Fine Admin Fee Late  Fee Total Due
5135PK 10-23(T) Violation of State Statutes $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  Code/Parking Officer Futch presented the case on behalf of the City.  He confirmed that he issued citation #5135 for violation of City Ordinance 10-23 (T).  He presented photos and they were marked as composite Exhibit 1.
 

The Special Magistrate finds that a violation does exist and that Aleecia A. Estime 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.
19-1388 PK
 
Jaycee Park
 
Chester, Shondrika Gelenica
Citation: #1666
#575 Spotts
 
 
 
Case Initiated: May 27, 2019 Type of Presentation: Citation

VIOLATOR:
Shondrika Gelencia Chester
PARKING VIOLATION:
Parked in boat trailer parking only

Citation # Code Section Fine Admin Fee Late  Fee Total Due
1666 PK 10-23(L) Improper Parking $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley stated the respondent was not present.  FPPD Officer Spotts presented the case on behalf of the City.  He confirmed that he issued citation #1666 for violation of City Ordinance 10-23 (L).  He presented photos and they were marked as composite Exhibit 1
 

The Special Magistrate finds that a violation does exist and that Shondrika Chester 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.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-1947 CE 1402 Avenue J Dixon II, V M Heather Debevec

Case Initiated:  July 30, 2019 Type of Presentation: Regular

OWNER:
V M Dixon II
PO BOX 1746
Ft. Pierce, FL 34954
TENANT:
Eugene Sylvester
1402 Avenue J Apt A
Ft. Pierce, FL 34950

Section 16-46, 16-48 (11) - Outside Storage - Indoor Furniture
Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
Code Enforcement Officer Debevec presented the case and provided photos marked as composite Exhibit 1.  She said the violations were now in compliance and asked for an Order of Review and Determination.
 

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.

 
B.
19-1590  CE 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
Code Officer Debevec read the facts of the case and stated no permits have been applied for as of today's date.  The respondent was not present.
 

Special Magistrate found that a violation does exist and that Joshua Perez 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. 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.

 
C.
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. Pierce, 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 that were marked as composite Exhibit 1.  The respondents were not present.
 

Special Magistrate found that a violation does exist and that the All Around Town 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 in the City’s Affidavit. 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.

 
D.
19-1694
CE
2507 S Indian River Drive Wynne, Diane  Isaac Saucedo

Case Initiated:  July 1, 2019 Type of Presentation: Regular 

OWNER:
Diane Wynne
2507 S Indian River Dr
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

Sec. 22-22. – Allowed uses.
Code Compliance Manager Arraiz said the ads are down and the violations are in compliance. 

Diane Wynn was sworn in.  She confirmed the ads were down and the reservations cancelled.
 

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 9:35 am.

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk