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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, NOVEMBER 6, 2019.
 
1.
CALL TO ORDER:
9:06 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:

Code Compliance Manager - Margaret Arraiz
Parking Enforcement Specialist - John Futch
Code Enforcement Officer - Isaac Saucedo
Code Compliance Supervisor - Janey Vanderhorst
Animal Control Officer - Kenny Nelson
Animal Control Officer - Ricardo Pellot
Volunteer - Charlene Adair
Code Enforcement Officer - Heather Debevec
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-2424 PK
Dismissed
117 Atlantic Avenue Miranda, Ginger Allison John Futch
 
Case Initiated:  August 26, 2019 Type of Presentation: Citation
 
VIOLATOR:
Miranda, Ginger Allison
PARKING VIOLATION:
Time limited - 2 Hr Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9245PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
 
2.
19-2295AC
Rescheduled
106 N 16th Street Fitzpatrick, Alexis D Ricardo Pellot
 
Case Initiated:  August 10, 2019 Type of Presentation: Citation
 
VIOLATOR:
Alexis D Fitzpatrick
2807 SW Rosetta Street
Port St. Lucie, FL 34953
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
00819AC 4-24 (A) Animal Neglect $250.00 x1 $250.00 $10.00 $5.00 $265.00
00820AC 4-51 Registration Required $250.00 x1 $250.00 $10.00 $5.00 $265.00
00/21AC 4-27 Rabies Vaccination Required $100.00 x1 $100.00 $10.00 $5.00 $115.00
  TOTAL DUE   $605.00 $30.00 $15.00 $645.00
 
3.
19-2625AC
Pulled
1109 Hills Court Domingo, Elsy D Nohemi Kenneth Nelson
 
Case Initiated:  August 9, 2019 Type of Presentation: Citation
 
VIOLATOR:
Elsy D Nohemi Domingo
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
00853AC 4-21 Running At Large $100.00 x 2 $200.00 $10.00 $5.00 $215.00
 
4.
19-2058AC
19-2073AC 
Paid
1329-B Peppertree Trail  Flesche, Elizabeth S Kenneth Nelson
 
Case Initiated:  August 9, 2019 Type of Presentation: Citation
 
VIOLATOR:
Elizabeth S Flesche 
1329 B Peppertree Trl
Fort Pierce, FL 34950
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
00272AC 4-21 Running At Large $50.00 x 2 $100.00 $10.00 $5.00 $115.00
 
5.
18-2161 CE
Complied
2111 S US Highway 1 Morris / Satnick FP Assoc LLC Heather Debevec
 
Case Initiated:  August 17, 2018 Type of Presentation: Regular
 
OWNER:
Morris / Satnick FP Assoc LLC
350 Veterans Blvd
Rutherford, NJ 07070
REGISTERED AGENT:
Joseph Morris
1901 S US Highway 1
Ft. Pierce, FL 34950
CONTACT PERSON:
Peter Feldman
Senior Vice President
The Morris Companies
15155 Michelangelo Blvd Suite 102
Delray Beach, FL 33446
EMAIL: peter@peterfeldman.com
REGISTERED AGENT (New Jersey):
C T Corporation System
1200 S Pine Island Rd
Plantation, FL 33324


 

Section 15-3(b)(2) - Removal of Signs - Maintenance
 
6.
19-2008 CE
Complied
505 N 6th Street Nowell, Barbara
Nowell, Willie
Heather Debevec
 
Case Initiated:  July 30, 2019 Type of Presentation: Regular
 
OWNER:
Barbara Nowell
Willie Nowell
505 N 6th St
Ft. Pierce, FL 34950
TENANT:
Barbara Bell
505 N 6th St
Ft. Pierce, FL 34950
 

Section 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicles
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-2009 PK 211 Orange Avenue Fernandez, Bernard S John Futch
 
Case Initiated:  July 29, 2019 Type of Presentation: Citation
 
VIOLATOR:
Bernard S Fernandez
PARKING VIOLATION:
Time limited - 2 Hr Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9209PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Specialist Futch presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Futch confirmed that he issued Citation # 9209 on July 29, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Bernard S Fernandez 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.
19-2133 PK 100 Marina Way Wilson, Brendan G John Futch
 
Case Initiated:  August 8, 2019 Type of Presentation: Citation
 
VIOLATOR:
Brendan Geoffrey Wilson
PARKING VIOLATION:
Time limited - 2 Hr Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9225PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Specialist Futch presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Futch confirmed that he issued Citation # 9225 on August 8, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Brendan G Wilson 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.
19-2134 PK 116 N 2nd Street Muise, Beryl Iris John Futch
 
Case Initiated:  August 8, 2019 Type of Presentation: Citation
 
VIOLATOR:
Beryl Iris Muise
PARKING VIOLATION:
Time limited - 2 Hr Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9222 PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Specialist Futch presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Futch confirmed that he issued Citation # 9222 on August 8, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 


The Special Magistrate finds that a violation does exist and that Beryl Iris Muise 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.
 
19-2164 PK Atlantic Avenue Jones, Eukeba Adrienne John Futch
 
Case Initiated:  August 12, 2019 Type of Presentation: Citation
 
VIOLATOR:
Jones, Eukeba Adrienne
PARKING VIOLATION:
Time limited - 2 Hr Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9227PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Specialist Futch presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Futch confirmed that he issued Citation # 9227 on August 12, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Eukeba Adrienne Jones 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.

 
E.
19-2353 PK Orange Ave/Indian River Dr Lot Ean Trust Company John Futch
 
Case Initiated:  August 20, 2019 Type of Presentation: Citation
 
VIOLATOR:
Ean Trust Company
PARKING VIOLATION:
Time limited - 2 Hr. Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9239PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Specialist Futch presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Futch confirmed that he issued Citation # 9239 on August 20, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Ean Trust Company 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.
19-2011 PK Orange Ave/Indian River Dr Lot Olson, Nicholas & Lydia John Futch
 
Case Initiated:  July 29, 2019 Type of Presentation: Citation
 
VIOLATOR:
Nicholas Daniel Olson, Lydia Marie Olson
PARKING VIOLATION:
Time Limited - 2 Hr Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9210PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Specialist Futch presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Futch confirmed that he issued Citation # 9210 on July 29, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Nicholas and Lydia Olson 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.
19-2135AC  Fort Pierce City Marina Nelson, Florence M  Ricardo Pellot

Case Initiated:  July 18, 2019 Type of Presentation: Citation

 
VIOLATOR:
Florence M Nelson 
12352 S Frontage #39X Rd
Yuma, AZ 85367
 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
00817AC 4-21 Running at Large $50.00 x 1 $50.00 $10.00 $5.00 $65.00
00818AC 4-27 Rabies Vaccination Required $100.00 x 1 $100.00 $10.00 $5.00 $115.00
  TOTAL DUE   $150.00 $20.00 $10.00 $180.00
Animal Control Officer Pellot  read the facts of the case. There were no photos presented. Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case # 19-2135 on July 18, 2019.  He said the dog was quaranteened for having no rabies vaccination for 10 days.  He was then released.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Florence M Nelson 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 she pay the total amount on the citation as listed within 30 days.

Failure to pay the total amount of $180.00 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.
19-1961AC 1205 N 22nd Street Brooks, Veronica Kenneth Nelson
 
Case Initiated:  June 28, 2019 Type of Presentation: Citation
 
VIOLATOR:
Veronica Brooks 
1205 N 22nd Street
Fort Pierce, FL 34950
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
00269AC 4-50 Registration Required $250.00 x 5 $1250.00 $10.00 $5.00 $1260.00
00268AC 4-27 Rabies Vaccination $100.00 x 5 $500.00 $10.00 $5.00 $515.00
00816AC 4-24 Animal Neglect $250.00 x 5 $1250.00 $10.00 $5.00 $1260.00
  TOTAL DUE   $3000.00 $30.00 $15.00 $3045.00
Animal Control Officer Nelson read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Nelson confirmed that he initiated Case # 19-1961 on June 28, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1.

Officer Nelson said they received a call from 911 that an elderly lady couldn't take care of the dogs anymore and wanted to turn them in.  When he got to the house he noticed the condition of one of the dogs.  He saw there were 4 other dogs and called for back-up.  At this time he wrote citations for neglect but not for animal cruelty.  He said at this time there is no proof that any of the violations have been complied.

Paul Nelson Johnson and Veronica Brooks Johnson were sworn in.  Mrs. Johnson said she was the person who called animal control, not the elderly woman.  Mrs. Johnson said they moved out of the house and wanted animal control to come pick up the dogs. She didn't want her nephew taking care of them. She said she was working two jobs, but still took food to the residence; however, her nephew didn't feed them.  She said they called a couple of months earlier for Animal Control to pick up the dogs but they told her they didn't have time to pick them up at that time. She said they called at that time for help and didn't understand why they were being cited now.  
.
Code Compliance Manager Arraiz said they received the complaint from United for Animals and the rabies expired in December, 2018.  Animal Control has had prior calls on this owner and she recommended fines as indicated.  

Assistant City Attorney Earley recommended giving them 12 months to pay.
 

The Special Magistrate found a violation does exist and that Veronica Brooks is ordered to pay the amount on the citation number(s) listed as follows within 12 months from the date of the hearing. Failure to pay the total amount of $3,045.00 prior to the expiration date will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-1626 CE 705 N 23rd Street Ray, Tmesha Heather Debevec

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

OWNER:
Tmesha Ray
310 N 24th St
Ft. Pierce, FL 34950
 

Section 22-67 (B)(5) - Fence Maintenance - Permit Required
Code Enforcement Officer Debevec read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-1626 on June 27, 2019.  

Tmesha Ray was sworn in.  She said she was denied the permit from the Building Department so she removed the fence.

Assistant City Attorney Earley asked the Special Magistrate to continue the case to allow the code officer to inspect the property to see if the fence  has been removed.
 

The Special Magistrate, after hearing the Assistant Attorney's request, continued this case until November 13, 2019.

 
B.
19-2576 CE
R&D
315 S 17th Street Lazare, Ermith Heather Debevec

Case Initiated:  October 2, 2019 Type of Presentation: R & D

OWNER:
Ermith Lazare
3406 Menendez Ave
Ft. Pierce, FL 34947
 

Section 11-30 - Refrigerator / Ice Box Safety
Code Enforcement Officer Debevec read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-2576 on October 2, 2019.  She said the violations are in compliance at this time and asked for an R&D order.
 

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.
19-2038 CE 1510 Boston Avenue Pierre, Ghislaine Heather Debevec

Case Initiated:  August 7, 2019 Type of Presentation: Regular

OWNER:
Ghislaine Pierre
284 SE Lakehurst Dr
Pt. St. Lucie, FL 34983
TENANT:
Mericel St Eus
1510 Boston Ave Apt A
Ft. Pierce, FL 34950
TENANT:
Anrisme Francois
1510 Boston Ave Apt B
Ft. Pierce, FL 34950
 

Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 16-46, 16-47, 16-48 (11)- Outside Storage Indoor Furniture
Section(s): 16-25 (C) - Responsibility for Containers
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-2038 on August 7, 2019 and as of the date of this hearing the violation for outside storage-indoor furniture was in compliance.  She requested an R&D Order from the Special Magistrate.  However, the rest of the section(s) were still in violation.  The respondent was not present.
 

The Special Magistrate found that Section(s) 16-46, 16-47- 16-48 (11) 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 Special Magistrate found that a violation does exist for Section(s) 16-46, 16-47, 16-48 (1) (5) and 16-25 (C) and that Ghislaine Pierre 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.

 
D.
19-2026 CE 114 S 16th Street Pierre, Majorie Heather Debevec

Case Initiated:  August 7, 2019 Type of Presentation: Regular

OWNER:
Marjorie Pierre
P O Box 695
Ft. Pierce, FL 34954
 

Section 5-1.104.5 - Unsafe Building ( covered windows)
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-2026 on August 7, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. 

Officer Debevec said she received a phone call that the shutters were almost done, but the property owner needed a little more time.  The respondent was not present.
 
 

After hearing testimony from the officer, the Special Magistrate continued this case until November 13, 2019.

 
E.
19-1853 CE 2703 Hills Court Bush, Lyudmila Heather Debevec

Case Initiated:  July 24, 2019 Type of Presentation: Regular

OWNER:
Lyudmila Bush
2301 SW Sala St
Pt. St. Lucie, FL 34953
 

IPMC 304.7 Roofs and Drainage
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-1853 on July 24, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. 

Officer Debevec said she spoke to Ms Bush who is working in California.  Ms. Bush said she has a contractor and they told her she didn't need a permit.  The respondent was not present.
 

Special Magistrate found that a violation does exist and that Lyudmilla Bush, 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 has30 days in which to apply for the permit andcomply with all conditions of the permit. In the event the violations are not cured or complied within the time given, a fine of $100.00 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.
18-2160 CE 2009 S US Highway 1 Morris /Satnick FP Assoc LLC Heather Debevec
 
Case Initiated:  August 17, 2018 Type of Presentation: Regular
 
OWNER:
Morris Satnick FP Assoc LLC
350 Veterans Blvd
Rutherford, NJ 07070
REGISTERED AGENT (New Jersey):
C T Corporation System
1200 S Pine Island Rd
Plantation, FL 33324 
REGISTERED AGENT (Florida):
Joseph Morris
1901 S US HWY 1
Ft. Pierce, FL 34950


 
CONTACT PERSON:
Peter Feldman
Senior Vice President
The Morris Companies
15155 Michelangelo Blvd Suite 102
Delray Beach, FL 33446
EMAIL: peter@peterfeldman.com
TENANT:
Tops China Inc
1987 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT (Tops China):
Sum Tsnag Cheng
109 E Plymouth
Deland, FL 32724
TENANT:
Bargain Buys Beauty Supply
1989 S US Highway 1
Ft. Pierce, FL 34950
 
REGISTERED AGENT ( Bargain Buys Beauty Supply):
Feroz Chagani
1989 S US Highway 1
Ft. Pierce, FL 34950
 
TENANT:
Advance America
1995 S US Highway 1
Ft. Pierce, FL 3450
REGISTERED AGENT (Advance America);
Corporation Service Company
1201 Hays St
Tallahassee, FL 32301
TENANT:
Fancy Nails by Ana
1991 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT ( Fancy Nails by Ana):
Nga Nguyen
708 Osceola Ave
Ft. Pierce, FL 34950
TENANT:
Quantum Restaurants LLC
1999 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT ( Quantum Restaurants):
David Kerben
118 E Robinson
Orlando, FL 32801
TENANT:
Little Caesar's Pizza
1999 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
Aaron's Sales & Lease Ownership
2045 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT (Aaron's Sales):
Corporation Service Company
1201 Hays St
Tallahassee, FL 32301
TENANT:
Family Dollar
2047 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT (Family Dollar):
Prentice - Hall Corporation System Inc
110 N Magnolia St
Tallahassee, FL 32301
TENANT:
Men's Rags
2053 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT ( Men's Rags):
Mohammad Abraham
2053 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
Maures Dodson
2057 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
Cash Services Inc
2059 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT ( Cash Services):
Thomas Moser
9500 S Ocean Dr
Jensen Beach, FL 34957
TENANT:
Muhammad Rashid
2103 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
$9.99 & Up Shoe Factory
2103 S US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT ( $9.99 & Up Shoe Factory):
C T Corporation System
1200 S Pine ISland Rd
Plantation, FL 33324
 

IPMC 304.2 - Protective Treatment
IPMC 304.6 - Exterior Walls
IPMC 304.7 - Roofs and Drainage
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 18-2160 on August 17, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite A.   Special Magistrate admitted them as City’s composite A. 

Officer Debevec said there is a permit for the roof and once the roof is repaired they will paint the building.

Peter Feldman was sworn in.  He is the representative for the Morris Companies.  He said the insurance claim from Hurricane Irma has been settled and they have applied for the revised permit for the roof over the K-Mart building. They wanted to do this before doing the other repairs where the old Winn Dixie is.  They have received quotes as of November 5 for painting the building. Staff made copies of the quotes which were admitted into evidence as Respondent's composite A.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Morris/Satnick FP Associates LLC has committed or is responsible for the violation(s). She ordered that the violator(s) have 45 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 $100.00 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.

 
G.
19-0072 CE 1018 N 13th Street Terry, Patricia
Ruthe, Willie
Heather Debevec

Case Initiated:  January 16, 2019 Type of Presentation: Regular

OWNER:
Patricia Terry
Willia Ruthe
1018 N 13th St
Ft. Pierce, FL 34950
 

IPMC 302.7 - Accessory Structure
Section 16-46, 16-47, 16-48(1)(5) - Outside Storage
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-0072 on January 16, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1. 

Officer Debevec said the conditions were still the same and some conditions were worse than the original report.  The respondent was not present.
 

The Special Magistrate found that a violation does exist and that Patricia Terry and Willie Ruthe 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(s) 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 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.

 
H.
19-0404 CE 311 N 18th Street Williams - Parker, Kimberly Heather Debevec

Case Initiated:  February 13, 2019 Type of Presentation: Regular

OWNER:
Kimberly Williams - Parker
311 N 18th Street
Ft. Pierce, FL 34950
 

IPMC 304.7 Roofs and Drainage
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-0404 on February 13, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1.  Officer Debevec said she has tried to put Ms. Parker with organizations  that could help her.

Kimberly Williams-Parker was sworn in.  She said she received a letter from Rebuild Florida.  Her application and one of the inspections has been done. They are telling her it could be 30 days or more as there are other inspections to be done.  She has reached out to other organizations with no help.  She has been out of work for several months now, supports 5 children and financially she is unable to do the work at this time.  A copy of the letter was admitted as Respondent's 1.
 

On hearing testimony from the code officer and the property owner, the Special Magistrate continued this case until February 5, 2020.

 
I.
19-1528 CE 418 N 25th Street Monds McCullough, Inez Heather Debevec

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

OWNER:
Inez Monds McCullough
418 N 25th St
Ft. Pierce, FL 34950
TENANT:
Wonderful Wheels
418 N 25th St
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 304.2 - Protective Treatment
IPMC 302.3 - Sidewalks and Driveways
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-1528 on June 19, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1.

Inez Monds McCullough was sworn in.  She said she had just purchased the building and a lot of work has to be done.  She has applied for a permit to put up a privacy fence and hide the outside storage.  She said she would paint the wood and after speaking with the building department, she is going to replace the driveway with concrete.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Inez Monds McCullough has 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 and if necessary apply and obtain a permit from the Building Department. 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.

 
J.
19-0409 CE 316 N 18th Street Johnson, Elsa Heather Debevec
 
Case Initiated:  April 24, 2019 Type of Presentation: Regular
 
OWNER:
Elsa Johnson
5109 San Diego Ave
Ft. Pierce, FL 34946
TENANT:
Olriche Gezil
316 N 18th ST
Ft. Pierce, FL 34950

IPMC 304.7 Roofs and Drainage
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-0409 on April 24, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1. Special Magistrate admitted them as City’s composite 1. 

Officer Debevec said the tarp is still there.

Elsa Johnson and her daughter Suzanne Darville, were sworn in. Ms. Darville said they were going through the insurance company to get everything fixed.  They paid someone to get the permit but when they were ready to sit down and discuss the work they changed the price.  They are now looking for different contractors to get estimates. They didn't know about the permit expiring.  
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Elsa Johnson has committed or is responsible for the violations. She ordered that the violator(s) have 60 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 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.

 
K.
19-2489 VR 1550 S Ocean Drive A-1 Sanchez, Andres
Sintes, Maria
Heather Debevec

Case Initiated:  September 13, 2019 Type of Presentation: Regular

OWNER:
Andres Sanchez
Maria Sintes
1550 S Ocean Dr A-5
Ft. Pierce, FL 34949 
 

Section 22-22 - Allowed Uses
Code Officer Debevec read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-2489 on September 13, 2019.  The respondent was not present.

Charlene Adair, volunteer for the City's Code Department, came forward for testimony.  She acknowledged initiating this case on September 9, 2019.  She provided a copy of the ad which was admitted as City's composite 1. She said the ads were still up and a calendar on the web page shows there is a future reservation that states 30 day rental.  She also said there was no Business Tax Receipt or any other kind of license on record.
 

The Special Magistrate found the violators who are not present and having been provided notice but failing to appear is responsible for the violation(s). Further, the Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City that the violators, Andres Sanchez and Maria Sintes are deemed to have admitted guilt of conducting short- term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature. The Special Magistrate ordered a fine equal to one month’s rental, $3,047.00 be assessed. The Special Magistrate also ordered an immediate cease and desist be imposed and all future rentals be terminated immediately with proof of cancellation. All advertisements for short term rentals are to be removed. Advertisements on websites dedicated to vacation and short- term rentals are assumed to be for vacation or short- term rentals regardless of the length of stay listed in the advertisement. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
19-0483
Massey
1016 Tortugas Avenue
 
Ramirez, Armando Mendez
 
Isaac Saucedo
 
 
Case Initiated:  February 21, 2019 Type of Presentation: Massey
 
VIOLATOR:
Armando Mendez Ramirez
1016 Tortugas Avenue
Ft. Pierce, FL 34982
PARKING VIOLATION:


 

Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (4) Parking on other than Pavement
Code Officer Saucedo read the facts of the case including the 3 critria used to determine whether to reduce the fines or not.  He presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Saucedo confirmed that he initiated Case # 19-0483 on February 21, 2019 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.  

Code Compliance Supervisor Janey Vanderhorst was sworn as interpretor.  Armando Mendez Ramirez was sworn in.  He agreed to the $250.00 payable in 30 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $1,530.00 (includes $30.00 recording fees) to $250.00 payable in 30 days. If not paid within this time period, 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
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned:
11:15 AM

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk