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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, DECEMBER 18, 2019.
 
1.
CALL TO ORDER:
9:06 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Janey Vanderhorst - Code Compliance Supervisor
Heather Debevec - Code Enforcement Officer
Chad Dawson - Code Enforcement Officer
Ricardo Pellot - Animal Control Officer
Kenny Nelson - Animal Control Officer
Guy Montgomery - FPPD Officer
Charlene Adair - Volunteer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-2143 PK
Paid
435 N 11th Street Anderson, Eunice #8278 Woodruff
 
Case Initiated:  August 3, 2019 Type of Presentation: Citation
 
VIOLATOR:
Anderson, Eunice Dianne
PARKING VIOLATION:
Parking against the traffic
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
1207 PK 10-23(T) Parking Regulation $50.00 $10.00 $18.00 $78.00
 
2.
19-1888 CE
Complied
201 Roselyn Avenue
 
Villanueva, Rafael &
Molina, Maria G.
Chad Dawson
 
 
Case Initiated:  July 24, 2019 Type of Presentation: CE
 
OWNER:
Rafael Villanueva
Maria G Molina
201 Roselyn Avenue
Fort Pierce, FL 34950
 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 10-23 (s) – Parking Prohibited on City Right-of-Way
 
3.
19-1194 CE
Complied
1116 Colonial Road Pierre, Fenelia Chad Dawson
 
Case Initiated:  l   May, 17 2019 Type of Presentation: Regular
 
VIOLATOR:
Fenelia Pierre
1116 Colonial Road
Fort Pierce, FL 34950

 

IPMC 304.2 - Protective treatment.
 
4.
 
19-1894 CE
Complied
107 Maple Avenue Mtn Properties LLC Chad Dawson
 
Case Initiated:  July 25, 2019 Type of Presentation: Regular
 
OWNER:
Mtn Properties LLC
4270 SW Country Pl
Palm City, FL 34990
TENANT:
107 Maple Avenue
Fort Pierce, FL 34950
 

Section(s):  16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement.
 
5.
19-1897 CE
Complied
115 Maple Avenue Fort Pierce Rentals LLC Chad Dawson
 
Case Initiated:  July 29, 2019 Type of Presentation: Regular
 
OWNER:
Fort Pierce Rentals LLC
2012 Mimosa Avenue
Fort Pierce, Fl 34950



 

IPMC 304.6 -  Exterior walls.
 
6.
19-1988 CE
Complied
201 Hialeah Avenue Mejia, Patricio & Lucia Chad Dawson
 
Case Initiated:  July 25, 2019 Type of Presentation: Regular
 
OWNER:
Patricio Mejia
Lucia Fraga-Mejia
2005 Warfield Ave
Redondo Beach, CA 90278
TENANT:
201 Hialeah Avenue
Fort Pierce, FL 34950

 

Section(s):  16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
7.
19-2570 CE
Complied
918 Fra Mar Place Villegas, Gerardo Heather Debevec
 
Case Initiated:  October 1, 2019 Type of Presentation: Regular
 
OWNER:
Gerardo Villegas
1235 SW Briarwood Dr
Pt. St. Lucie, FL 34986
TENANT:
Tenant
918 Fra Mar Pl
Ft. Pierce, FL 34950

Section 16-6, 16-47, 16-48 (1)(5) - Outside Storage- Indoor Furniture
 
8.
19-2829 CE
Complied
1512 Avenue J Jones, James
Eckles, Jewell
Heather Debevec
 
Case Initiated:  October 30, 2019 Type of Presentation: Regular
 
OWNER:
James Jones
% Jewell Eckles
3309 Avenue T
Ft. Pierce, FL 34947
 

Section 16-27 (4) - Landscape Debris - Residential
 
9.
19-2616 CT
Complied
1405 Jersey Avenue Owens, Bobby and Linda Heather Debevec
 
Case Initiated:  October 3, 2019 Type of Presentation: Citation
 
OWNER:
Bobby and Linda Owens
1405 Jersey Avenue
Ft. Pierce, FL 34950
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
740 CE 11-30 Refrigerator / Ice Box Safety 1 @ $250.00 $250.00 $10.00 $260.00
 
10.
19-2589 CT
Complied
1907 S 8th Street Alouption, Emilie Heather Debevec
 
Case Initiated:  October 2, 2019 Type of Presentation: Citation
 
OWNER:
Emilie Alouption
1907 S 8th St
Ft. Pierce, FL 34950
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
738CE 11-30 Refrigerator / Ice Box Safety 1 @ $250.00 $250.00 $10.00 $260.00
 
11.
19-1887 CE
Cont. 1/8/2020
115 Roselyn Avenue Hurtado, Gonzalo D. Jr. Chad Dawson
 
Case Initiated:  July 24, 2019 Type of Presentation: CE
 
OWNER:
Gonzalo D Hurtado Jr.
2725 Fairway Drive
Fort Pierce, FL 34982
TENANT:
Hector O Calderon
115 Roselyn Avenue
Fort Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
Section 16-25 (C) – Responsibility for Containers
 
12.
19-1859 CE
Complied
1005 S 11th Street Williams III, George
Williams, Pamela
Heather Debevec
 
Case Initiated:  July 22, 2019 Type of Presentation: Regular
 
OWNER:
George Williams III
Pamela Williams
1005 S 11th St
Ft. Pierce, FL 34950
 

IPMC 304.7 Roofs and Drainage
 
13.
19-1826 CE
Complied
2616 Lakeshore Drive Diedrich, Helen Heather Debevec
 
Case Initiated:  July 24, 2019 Type of Presentation: Regular
 
OWNER:
Helen Diedrich
2616 Lakeshore Dr
Ft. Pierce, FL 34982
 

IPMC 304.2 - Protective Treatment
 
14.
19-2972 AC
Reschedule
2303 Avenue N Buckle, Wendell Kenneth Nelson
 
Case Initiated:  October 25, 2019 Type of Presentation: Citation
 
VIOLATOR:
Wendell T Buckle
2303 Avenue N
Ft. Pierce, FL 34950
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
865 AC 4-53 Breeder Registration Required 1 @ $250.00 $250.00 $10.00 $5.00 $265.00
864 AC 4-50 City Registration Required 3 @ $250.00 $750.00 $10.00 $5.00 $765.00
863 AC 4-27 Rabies Vaccinations 3 @ $100.00 $300.00 $10.00 $5.00 $315.00
862 AC 4-22 (A) (5) Animal Restraint - Tethering 3 @ $100.00 $300.00 $10.00 $5.00 $315.00
      TOTAL DUE  $1,660.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
B.
19-1917 PK
cont. from 12/11
Jaycee Park Shealy, Lisa Anne #4919 Montgomery

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

VIOLATOR:
Lisa Anne Shealy
PARKING VIOLATION:
Improper Parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8744PK 10-23(L) Parking Violation $50.00 $10.00 $18.00 $78.00
FPPD Officer Montgomery presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Montgomery confirmed that he issued Citation # 8744 on July 14, 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1. The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Lisa Anne Shealy 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.
 
19-1912 PK
cont. from 12/11
South Causeway Park Perez, Susana & Pedro #4919 Montgomery

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

VIOLATOR:
Susana De Las Mercedes and Pedro Perez
PARKING VIOLATION:
Improper Parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
8741PK 10-23(L) Parking Violation $50.00 $10.00 $18.00 $78.00
FPPD Officer Montgomery presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Montgomery confirmed that he issued Citation # 8741 on July 14, 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1. The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Susana & Pedro 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 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.
19-1646 AC 117 N 14th Street Gomez- Soto, Sarah Ricardo Pellot

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

VIOLATOR:
Sarah Gomez-Soto
117 N 14th Street
Fort Pierce, Fl 34950
 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
#00814AC 4-21 Running At Large $50.00 x 3 $150.00 $10.00 $5.00 $165.00
#00815AC 4-22 (A) (3) Tethering $100.00 x 1 $100.00 $10.00 $5.00 $115.00
               TOTAL DUE   $250.00 $20.00 $10.00 $280.00
Animal Control Officer Pellot read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case # 19-1646 on June 5, 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.

Officer Pellot said he received a phone call from 911 about 3 German Shepherds running loose.  He arrived at the scene and saw 3 dogs run back into the house and 1 was chained around the mailbox.  The violator has been issued several verbal warning before this incident. The gate was open about 2 feet and he could see the dog on the chain around the mailbox.
 

The Special Magistrate finds that a violation does exist and that Sarah Gomez-Soto 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 of the date of this hearing.

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.
19-2924 AC 211 Boston Avenue Lomax, Tina Ricardo Pellot
 
Case Initiated:  October 16, 2019 Type of Presentation: Citation
 
VIOLATOR:
Tina R. Lomax
1109 Avenue E
Ft. Pierce, FL 34950
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
751 AC 4-20 Running At Large 3 @ $50.00 $150.00 $10.00 $5.00 $165.00
      TOTAL DUE $165.00
Animal Control Officer Pellot read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case # 19-2924 on October 16, 2019. The respondent was not present.  Because the dogs were in the house and the owner of the cat was taking him to the vet there was no photos taken.

Officer Pellot said when they arrived he found 3 pitbulls and a cat.  The owner turned  2 of the 3 dogs over to the City. Because one of the dogs was aggressive, the shelter requested the City euthanize him.  The owner got the other dog back.
 

The Special Magistrate finds that a violation does exist and that Tina Lomax 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; unless 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.
19-683 AC 3003 Rhode Island Avenue Altenhoff, Marvin Ricardo Pellot

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

VIOLATOR:
Marvin Altenhoff
2910 Rhode Island Avenue
Ft. Pierce, FL 34950
 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
803 AC 4-25 Animal injury - unlawful killing 3 @ $100.00 $300.00 $10.00 $5.00 $315.00
Animal Control Officer Pellot  read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case # 19-683 on March 9, 2019. The respondent was not present.  There were no photos.

Office Pellot said he received call from 911 that 3 pitbulls had killed a chihuahua.  Several witnesses saw the dogs kill the chihuahua and when the officer got there he found the dogs running loose.  He impounded the dogs.  The owner did pick up the dogs after receiving the notice that was left on the door.
 

The Special Magistrate finds that a violation does exist and that Marvin Altenhoff 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 he pay the total amount on the citation as listed 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.
19-2334 AC 496 Maple Avenue Harper, Erica Kenneth Nelson

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

VIOLATOR:
Erica Harper
3606 Ave S 
Fort Pierce, FL 34950
 

Citation # Code Section Fine / Counts Total Fine Admin Fee      AC Surcharge Total Due
00854AC 4-24 (3) Animal Neglect $250.00 x 1 $250.00 $10.00 $5.00 $265.00
Animal Control Officer Nelson read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Nelson confirmed that he initiated Case # 19-2334 on August 8, 2019.  The respondent was not present.  There were no photos presented.

Officer Nelson said he was called out by the neighbor several times about the barking dogs. There was no one present; but, he was able to contact the owner of the property who lived in Miami.  They came up and let him into the building.  He and the other officers found the dogs and picked them up. There was no air-conditioning turned on.  They noted feces, little food and little water.  The owners of the dogs showed up a couple of days later.
 

The Special Magistrate finds that a violation does exist and that Erica Harper 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 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.
19-1191 CE
cont. from 12/11
1124 Colonial Road Lima, Docius Chad Dawson
 
Case Initiated:  l May 17, 2019 Type of Presentation: Regular
 
VIOLATOR:
Docius Lima
1124 Colonial Road
Fort Pierce, FL 34950

 

Section 16-25 (C) – Responsibility for Containers
IPMC 304.2 Protective treatment.
Code Officer Dawson read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he initiated Case # 19-1191 on May 17, 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.  The respondent was not present.
 

The Special Magistrate found that a violation does exist and that Docius Lima 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 10 days as recommended by the Code Enforcement Officer to come into compliance or they will be fined the amount also shown on the summary sheet. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
B.
19-2807 CE
Appeal
510 Means Court Holmes, Shade
DAJED Inc
Heather Debevec
 
Case Initiated:  November 5, 2019 Type of Presentation: Appeal
 
OWNER:
Shade Holmes
DAJED Inc
3605 Avenue N
Ft Pierce, FL 34947
REGISTERED AGENT:
Jack Orend
4062 Greenwood Dr
Ft. Pierce, FL 33450
 
TENANT:
Tenant
510 Means Court
Ft. Pierce, FL 34950
TENANT / REQUESTOR for the APPEAL
Joslynn Williams
510 Means Court
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicle
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 # 19-2807 on November 5, 2019.  

Joslynn Williams was sworn in.  She said her driver's license is suspended and her birthday is in January.  She works part-time and needs a little more time to get the car registered.
 

Prior to Officer’s presenting the case, Special Magistrate Ross disclosed she knew the respondent, but was comfortable with hearing the case.

Upon hearing testimony from the Code Officer, she continued the case for 60 days.

 
C.
19-1863 CE 904 S 11th Street Morales, Enoc Heather Debevec
 
Case Initiated:  July 22, 2019 Type of Presentation: Regular
 
OWNER:
Enoc Morales
904 S 11th St
Ft. Pierce, FL 34950

 

IPMC 304.1 Exterior Structure - General
IPMC 304.2 Protective Treatment
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 # 19-1863 on July 22, 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 composite Exhibit 1.  The respondent was not present.

Officer Debevec said she has spoke to Mr. Morales who said he was having problems with the insurance. There has been no paperwork or permits submitted by either Mr. Morales or his attorney.
 

The Special Magistrate found that a violation does exist and that Enoc Morales 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 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.
19-2726 CE 1800 Oleander Avenue Curtis, Adrian Heather Debevec
 
Case Initiated:  October 18, 2019 Type of Presentation: Regular
 
OWNER:
Adrian Curtis
1800 Oleander Ave
Ft. Pierce, FL 34950
 

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 # 19-2726 on October 18, 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.  The respondent was not present.
 

The Special Magistrate found that a violation does exist and that Adrian Curtis 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 15 days 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.

 
E.
19-1017 CE
cont.from 12/11
1205 Avenue M Moore, Sam Heather Debevec
 
Case Initiated:  April 20, 2019 Type of Presentation: R&D
 
OWNER:
Sam Moore
1205 Avenue M
Ft. Pierce, FL 34950
TENANT:
David Cox
1205 Avenue M
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
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 # 19-1017 on April 20, 2019 and as of the date of this hearing the violation(s) are in compliance.  She requested an R&D Order from the Special Magistrate
 

The Special Magistrate found that Section(s) 16-46, 16-47, 16-48 (1) (5) and 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.

 
F.
19-1804 CE 218 Hialeah Avenue Romo (EST), Estella Heather Debevec
 
Case Initiated:  July 24, 2019 Type of Presentation: Regular
 
OWNER:
Estella Romo ( EST)
218 Hialeah Ave
Ft. Pierce, FL 34982
TENANT:
Eliseo Ayala
218 Hialeah Ave
Ft. Peirce, FL 3982

IPMC 304.1 - Exterior Structure - General
IPMC 304.2 - Protective Treatment
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 # 19-1804 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.  The respondent was not present. The home is occupied but have had no contact.
 

The Special Magistrate found that a violation does exist and that Estella Romo (EST) 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.

 
G.
19-2586 CE 3245 Vernon Street Hatfield, James Heather Debevec
 
Case Initiated:  October 24, 2019 Type of Presentation: Regular
 
OWNER:
James Hatfield
PO BOX 4447
Ft. Pierce, FL 34948
TENANT:
Tenant
3245 Vernon St A
Ft. Pierce, FL 34982
TENANT:
Tenant
3245 Vernon St B
Ft. Pierce, FL 34982
 

Section 16-25 (C) - Responsibility for Containers
IPMC 304.14 - Insect Screens
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 22-187 (13) - Landscape Maintenance
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 # 19-2586 on October 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 composite1.   Special Magistrate admitted them as City's composite 1.

Officer Debevec said the Outside Storage and Outside Storage-Indoor Furniture were now in compliance and requested an R&D order be issued.  She said there is a new manager and she is working on getting the violations corrected but was requesting more time.

Natalie Leone was sworn in.  She is the new property manager.  She confirmed that she needed a little more time.  They have applied for a permit and were working on the other violations.  
 

The Special Magistrate found that Section 16-46, 16-47, 16-48 (1) (5) and 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 the remaining violation(s) do exist and that James Hatfield has committed or is responsible for the violation(s). She ordered that the violator(s) have 15 days in which to apply for the permit and comply with all conditions of the permit. 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.

 
H.
19-1838 CE 202 Roselyn Avenue Roselyn Holdings LLC Heather Debevec
 
Case Initiated: July 24, 2019 Type of Presentation: Regular
 
OWNER:
Roselyn Holdings LLC
3790 Spinnaker Ct
Ft. Pierce, FL 34946
TENANT:
Melanie Faucher
202 Roselyn Ave
Ft. Pierce, FL 34950
REGISTERED AGENT:
Dale Boyd
2301 Orange Ave
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
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 # 19-1838 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.  The respondent was not present.

Officer Debevec said the Outside Storage was now in compliance and asked for the case to be continued.

Code Supervisor Vanderhorst said they had received a message from Melanie Faucher saying she is in compliance.  She asked that the case be continued to allow Officer Debevec to go out and inspect the property.

 
 

The Special Magistrate found that Section 16-46, 16-47, 16-48 (1) (5) 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.

She continued the case until January 8, 2020.

 
I.
19-2165 CE 722 S US Highway 1 Costa Seafood & Grill Heather Debevec
 
Case Initiated:  October 2, 2019 Type of Presentation: Regular
 
OWNER:
Costa Seafood & Grill
722 S US HIghway 1
Ft. Pierce, FL 34950
REGISTERED AGENT:
Luis Rodriguez
974 SW Globe Ave
Pt. St. Lucie, FL 34953

Section 15-3 (b) (1)(3) - Removal of Signs
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 # 19-2165 on October 2, 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.  The respondent was not present.  She said the property was posted but there has been no contact.

Special Magistrate Ross asked to see a copy of the posting and entered it as City's exhibit 2.
 

The Special Magistrate found that a violation does exist and that Costa Seafood & Grill 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 10 days to come into compliance or they will be fined the amount also shown on the summary sheet. It is also ordered if the violation is not corrected within the time given, the City is to take the necessary steps to remedy the violation(s), the cost of which is to be assessed as a special assessment lien against the property. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
J.
19-2466 CE 1815 Melaleuca Drive Celentano, Frank Heather Debevec
 
Case Initiated:  October 1, 2019 Type of Presentation: Regular
 
OWNER:
 Frank Celentano
1815 Melaleuca Dr
Ft. Pierce, FL 34949
 

IPMC 304.2 Protective Treatment
IPMC 304.7 Roofs and Drainage
IPMC 304.10 Stairways, decks, porches, and balconies
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 # 19-2466 on October 1, 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. 

Frank Celentano was sworn in.  He did not want to see the photos, nor did he have any response.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Frank Celentano has committed or is 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 $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.

 
K.
19-2986 CE 701 Parkway Drive Eberhart, Charles Heather Debevec
 
Case Initiated:  November 7, 2019 Type of Presentation: Regular
 
OWNER:
Charles Eberhart
701 Parkway Dr
Ft. Pierce, FL 34950
 

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 # 19-2986 on November 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.  The respondent was present; however, he was told the case was dismissed and he left.  She requested the case be continued for 30 days.
 

After hearing the testimony from Officer Debevec, the Special Magistrate continued the case for 30 days.

 
L.
19-2991 VR 211 Orange Avenue Gibbons, Derrick & Kristina Heather Debevec
 
Case Initiated:  November 7, 2019 Type of Presentation: Regular
 
OWNER: 
Derrick & Kristina Gibbons
1920 Rio Vista Dr
Ft. Pierce, FL 34949
 

Section 9-27 (B)  - Doing Business without a Tax
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 # 19-2991 on November 7, 2020 
.  
Kristina Gibbons was sworn in.  She said the initial request for her business license was sent to her old address and she didn't get it until November.  She said she spoke to Charlene Adair about what she had to do to change the advertisement.

Charlene Adair, City of Fort Pierce Volunteer testified that Ms. Gibbons had contacted her and she was working with her to get the correct ad as listed on her BTR which states a minimum of 30 days.
 

Providing the Violator provides proof that reservations have been cancelled, the Special Magistrate will find that Section 9-27 (B) 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
 
A.
19-2413
Nuis.Abatement
Appeal
907 Avenue I

 
M & D Property Professionals

 
Chad Dawson

 
 
Case Initiated:  September 10, 2019 Type of Presentation: Emerg. Repair Appeal
 
OWNER:
M & D Property Professionals Inc.
3812 SW Crary Street
Port St. Lucie, FL 34953
OTHERS:


 

Section(s): 16-48 - Nuisance Definitions
Code Enforcement Supervisor Vandehorst read the facts of the case.  Assistant City Attorney Earley said a letter was sent  with no response.  Because the house was open and some windows were out and others were unsecurred, the City had the contractor board up and secure the building. 

Bruce Harris was sworn in.  He said the house was burglarized during Hurricane Dorian.  When he called the Police Department out, they told him to just board up the broken window and put bars up until he got a tenant.  At that time he noticed the high grass and when he received the letter he assumed it was for the grass so he had it mowed.  He said he also boarded up the windows, put bars up, and securred the doors.

Code Officer Dawson presented photos. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he initiated Case # 19-2413 on September 10, 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 composite1.   Special Magistrate admitted them as City's composite 1. He explained:

Photos dated  August 15, 2019 were when he and the other code officers were assigned to inspect vacant properties in the area.  He noticed this property had 3 unsecure windows.  A letter was sent out certified mail telling the owner what needed to be done and giving him a certain amount of time to do it. The green card was returned signed; but, there had been no contact from the owner.  The letter and green card were admitted as City's composite 2.
 
Photos dated September 23, 2019 he inspected and saw plywood had been put up on the broken windows; however, it was inside the window and according to the City ordinance the wood was supposed to be on the outside.  The doors were not boarded up and because the house was vacant all entry ways including windows and doors have to be boarded.  He contacted the City's contractor to do the work.

Photos dated October 4, 2019 were when he went to inspect the property after receiving notice that the contractor had done the work.  He confirmed the violations had been corrected.

Mr. Harris responded by saying when he reported the burglary to the Police Department he was told to board up the windows which he did.  He said he did receive the letter from the City, but assumed it was for the high grass which he took care of.  He questioned why the City said it was a matter of safety and Mr. Dawson said there were many places throughout the City that had safety issues, anyone can break in and commit a crime of some kind.

Special Magistrate Ross asked how much the bill was?  The contractor's bill was for $650.00 plus $100.00 administration fees for a total of $750.00.  This bill was admitted as City's exhibit 3.

 
 

Taking into consideration testimony from the City and the respondent, the Special Magistrate denied the appeal stating he had 30 days to appeal to a higher court.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned:
10:55 am

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk