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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, JANUARY 15, 2020.
 
1.
CALL TO ORDER:
9:03 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-2962 CE
Complied
811 Beach Court Demorin, Lumise Heather Debevec
 
Case Initiated:  November 6, 2019 Type of Presentation: Regular
 
OWNER:
Lumise Demorin
 811 Beach Court
Ft. Pierce, FL 34950
 

IPMC 304.2 - Protective Treatment
 
2.
19-3078 CE
Pulled
413 El Rancho Drive McKenzie Jr., Robert H Heather Debevec
 
Case Initiated: November 19, 2019  Type of Presentation: Regular
 
OWNER:
Robert H Mckenzie Jr
911 Skylark Drive
Ft. Pierce, FL 
TENANT:
Jose Reyes
413 El Rancho Drive Apt A
Ft. Pierce, FL 34982
TENANT:
David Vasquez Ramirez
413 El Rancho Drive Apt B
Ft. Pierce, FL 34982
 

Section(s): 16-25 (C) - Responsibility for Containers
Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 22-187 (13) - Landscape Maintenance
 
3.
19-3085 CE
Complied
503 El Rancho Drive C2 & E Properties LLC Heather Debevec
 
Case Initiated:  November 19, 2019 Type of Presentation: Regular
 
OWNER:
C2 & E Properties LLC
1880 NW 140th Terrace
Pembroke Pines, FL 33028 
REGISTERED AGENT:
Walford Campbell
6153 NW Guntar Drive
Port St. Lucie, FL 34986
TENANT:
Sylvia Pena
502 El Rancho Drive
Ft. Pierce, FL 34982
 

Section(s):  5-1.104.5 - Unsafe Building (covered windows)
 
4.
19-3013 CE
Complied
701 Osceola Avenue Timjen LLC Heather Debevec
 
Case Initiated:  November 13, 2019 Type of Presentation: Reguar
 
OWNER:
Timjen LLC
2529 N Indian River Drive
Ft. Peirce, FL 34946
REGISTERED AGENT:
Timothy Grimes
2521 N Indian River Drive
Ft. Pierce, FL 34946
TENANT:
Ryan Ring
701 Osceola Avenue
Ft. Pierce, FL 34982
 

Section(s): 16-46, 16-47, 16-48 (4) Parking on other Than Pavement
 
5.
19-3312 BTR
Complied
2400 S Ocean Drive #7631 Unangst, Frank Heather Debevec
 
Case Initiated:  December 10, 2019 Type of Presentation: Regular
 
OWNER:
Frank Unangst
2400 S Ocean Drive  #7631
Ft. Pierce, FL 34949 

 

Section 9-27 (B) - Doing Business without a Tax
 
6.
19-3327 BTR
Complied
1903 Rio Vista Drive Zindagi By The Sea LLC Heather Debevec
 
Case Intiated:  December 10, 2019 Type of Presentation: Regular
 
OWNER:
Timothey Buck
Swagata Buck
1903 Rio Vista Drive
Ft. Pierce, FL 34949

 

Section 9-27(B) - Doing Business without a Tax
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-2769 PK  121 N 2nd St. Jones, Crystal Kathey John Futch
                                     
Case Initiated  October 21, 2019 Type of Presentation: Citation

Violator
Crystal Kathey Jones
Parking Violation
Time limited parking - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
9169 PK 10-23 P - Parking Regulation $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley asked the Parking Enforcement Officer, John Futch, to confirm that he issued citation #9169 for violation of City Ordinance 10-23 (P) and that the photos were time stamped and accurate. The Special Magistrate admitted them as composite Exhibit 1.

Crystal Kathey Jones was sworn in.  She said she needed more time to pay the ticket.

Code Compliance Manager Arraiz reminded the violator and the Special Magistrate that the city was accepting food in lieu of payment. 
 

The Special Magistrate found a violation does exist and Crystal Kathey Jones is ordered to pay the amount on the citation $50.00. She waived the administrative charges of $10.00 and waived the $18.00 late fee for a total amount due of $50.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
B.
19-3212 PK
Appeal
Orange Ave./IRD Holden, Kurt D John Futch

Case Initiated  November 25, 2019 Type of Presentation: Citation - Appeal

Violator
Kurt D Holden
Parking Violation
Parking time limited  - 2 hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
7576 PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Assistant City Attorney Earley asked the Parking Enforcement Officer, John Futch, to confirm that he issued citation #7576 for violation of City Ordinance 10-23 (P) and that the photos were time stamped and accurate. Special Magistrate Ross admitted them as composite Exhibit 1.

Kurt D Holden was sworn in.  He said he was at Second Street Bistro for a meeting to discuss an event they were hosting in 2021 and that he was there for more than 2 hours.  He said he posted the violation on Facebook and received a lot of comments about the signage with the parking at this location.  A couple of weeks later he went to check the signs and found that the parking hours were now marked on the parking spaces and they were more noticeable now.

Code Compliance Manager Arraiz reminded him also that the City was accepting food in lieu of fines.
 

The Special Magistrate found a violation does exist and Kurt D Holden is ordered to pay the amount on the citation $50.00. She imposed the administrative charges of $10.00 and waived the $18.00 late fee for a total amount due of $60.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
C.
19-2972 AC
Cont. from 12/18
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
Animal Control Officer Kenny Nelson read the facts of the case.  He said Mr. Buckle has turned in two of the dogs but still has the female and a three pups left.  Assistant City Attorney Earley asked him how he found out about the violation and what he saw when he arrived.  He said he was contacted by 911 about some dogs being tethered and puppies running around in the back.  When he got there he found a couple of dogs tied up, on adult running loose and several puppies.

Wendell T Buckle was sworn in.  He confirmed that he still had the female adult and three pups. He was looking for a new owner for two of them.  

Code Compliance Manager Arraiz explained about the City's sterialization program and told him they would waive $265.00 if he got the dogs sterialized.

Mr. Buckle said he would consider it.
 

The Special Magistrate found a violation does exist and Wendell Buckle is ordered to pay the amount on the citation number(s) listed as follows within 60 days.

Should Mr. Buckle gets the adult female and 5 month old pups sterialized and provide the name(s) and address(s) of the new owner(s) of the 2 remaining pups within 30 days, the fine of $250.00 for Section 4-53 will be waived reducing the total amount due to $495.00.

In the event the total fine of $760.00 (or $495.00 as referenced in #4) is not paid within 60 days after the date of this Order, the citation(s) will be forwarded to the St. Lucie County Clerk of Court for processing. The violator will be called to answer the charges before a St. Lucie County Judge and additional fees and court costs may be imposed.

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
AC 865 4-53 Breeder Registration 1 @ $250.00 $250.00 $10.00 $5.00 $265.00
AC 864 4-50 City Registration 1 @ $250.00 $250.00 $10.00 $5.00 $265.00
AC 863 4-27 Rabies Vaccination 1 @ $100.00 $100.00 $10.00 $5.00 $115.00
AC 862 4-22 (A)(5) Tethering 1 @ $100.00 $100.00 $10.00 $5.00 $115.00
TOTAL DUE $760.00



 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
19-3061 CE 606 Azalea Avenue Obadia, Mordechay Heather Debevec

Case Initiated:  November 15, 2019 Type of Presentation: Regular

OWNER:
Mordechay Obadia
606 Azalea Avenue
Ft. Pierce, FL 34982
 

IPMC 302.7 - Accessory Structures
IPMC 304.1 - Exterior Structure
IPMC 304.2 - Protective Treatment
IPMC 304.13 - Windows, skylight and door frames
 
Code Enforcement Officer Debevec read the facts of the case and presented photos which were marked as composite exhibit 1.  She said the solar panels are now in compliance and asked for an R&D on that.  The other violations are still active, but they have been working on things.

Meuro Aronovski was sworn in representing Mr. Obadia.  He said they have been working with Ms Debevec, but he needs more time. 

Code Compliance Manager Arraiz told him if he continued to work with Officer Debevec and needed more time, he should contact her and she would probably give him additional time.  Also, he can come back before the Special Magistrate and request more time.
 
 

The Special Magistrate found that Section IPMC 302.7 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.

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

 
B.
19-2943 CE 812 Beach Court 812 Beach Court LLC Heather Debevec
 
Case Initiated:  November 5, 2019 Type of Presentation: Regular
 
OWNER:
812 Beach Court LLC
 812 Beach Court
Ft. Pierce, FL 34950
REGISTERED AGENT:
Valeria Stelus
812 Beach Court
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-25 (C) - Responsibility for Containers
Code Enforcement Officer Debevec presented the case and photos that were marked as composite Exhibit 1.  She said the outside storage had been corrected, but the containers were still not located in the proper places.

Valeria Stelus, Registered Agent, was sworn in.  He thought it would be okay to locate the cans by the trees; however, he will move them to the proper area.
 

The Special Magistrate found that Section(s): 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.

Special Magistrate found that Section 16-25 (C) does exist and that 812 Beach Court LLC has committed or is responsible for the violation(s). She ordered that the violator(s) have 5 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 $10.00 per day will be assessed for each day the violation(s) continue(s) past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
E.
19-3069 CE 417 El Rancho Drive Nielson, John D & Christina  Heather Debevec

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

OWNER:
John D Neilson
Christina M Neilson
417 El Rancho Drive
Ft. Pierce, FL 34950 

 

Section(s): 22-187 (13) - Landscape Maitnenance
Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 11-11 - Storage of Commodities
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as composite Exhibit 1.  She said everything was still the same.

John D. Neilson was sworn in.  He said he could get the violations corrected within 10 days.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that John D Neilson committed or is responsible for the violation(s). She ordered that the violator has 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time given, a fine of $50.00 per day will be assessed for each day the violation(s) continue 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.
19-1014 CE 1218 Avenue I Murphy, Lazatha Heather Debevec

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

OWNER:
Lazatha Murphy
3403 Avenue P
Ft. Pierce, FL 34947 

 

Section 5-367 - Vacant Building
Section 5-370 - Exterior Property and Landscaping
Code Officer Debevec read the facts of the case and presented photos marked as composite Exhibit 1.  Assistant City Attorney Earley asked if the photos were time stamped and accurate and she confirmed. She also stated there was no respondent present to object to the violation(s).The Special Magistrate admitted them as composite Exhibit 1.
 
 

The Special Magistrate finds that a violation does exist and that Lazatha Murphy 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.

 
I.
19-1838 CE
Cont from 12/18
202 Roselyn Avenue Roselyn Holdings LLC Heather Debevec

Case Initiated: July 24, 2019 Type of Presentation: R & D

OWNER:
Roselyn Holdings LLC
3790 Spinnaker Court
Ft. Pierce, FL 34946
TENANT:
Melanie Faucher
202 Roselyn Avenue
Ft. Pierce, FL 34950
REGISTERED AGENT:
Dale Boyd
2301 Orange Avenue
Ft. 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
Code Officer Debevec read the facts of the case and presented photos marked as composite Exhibit 1.  Assistant City Attorney Earley stated there was no respondent present to object to the violation(s).

Officer Debevec said the violations have been corrected and requested a Review and Determination order be issued.
 
 

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.

 
J.
19-2986 CE
Conf from 12/18
701 Parkway Drive Eberhart, Charles Heather Debevec

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

OWNER:
Charles Eberhart
701 Parkway Drive
Ft. Pierce, FL 34950
 

Section(s): 5-1.104.5 - Unsafe Building (covered windows)
Code Officer Debevec read the facts of the case.  Assistant City Attorney Earley stated there was no respondent present to object to the violation(s).
 

The Special Magistrate finds that a violation does exist and that Charles Eberhart having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City. It is hereby ordered that the Violator be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
K.
19-3286 BTR 203 Flamingo Avenue The Helpful Handyman Heather Debevec

Case Initiated:  December 10, 2019 Type of Presentation: Regular

OWNER:
Yes Sandhill Exp LLC
5050 S Syracuse Street   Ste 1200
Denver, CO 80237
REGISTERED AGENT:
Bruce Harris
203 Flamingo Avenue
Ft. Pierce, FL 34950
VIOLATOR:
The Helpful Handyman
203 Flamingo Avenue
Ft. Pierce, FL 34950

Section 9-27 (B) - Doing Business without a Tax
Code Officer Debevec read the facts of the case.  

Bruce Harris was sworn in.  He said he has held a license for 10-12 years; however, he has been out of work and the liability insurance is over $600.00.  He said he couldn't get the Business Tax Receipt until he got the insurance.

Staff checked with the City Clerk's office and were informed the insurance was not required and it would cost Mr. Harris $88.56 to renew his Business Tax Receipt.

Mr. Harris said he would get this paid within the time period allotted.  He also asked why the City sent notice to his landlord and that it was embarrassing.  Special Magistrate Ross said she would take note of this.
 

The Special Magistrate found that the violation does exist is and Bruce Harris, The Helpful Handyman, has committed or is responsible for the violation(s). She ordered that the violator has 30 days in which to obtain or close out the Business Tax Receipt with the City Clerk’s office. In the event the violation(s) are not brought into compliance within the time period given, per Section 162.09, Fla. Stat., a fine of $100.00 per day will be assessed. She further ordered that after the 30-day period, if not in compliance, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County.

 
L.
19-3296 BTR 130 S Indian River Dr.  #202 Plexensebio, Inc. Heather Debevec

Case Initiated:  December 10, 2019 Type of Presentation: Regular

OWNER:
Chalbaud Investment Group LLC
2332 Galiano Street 2nd Floor
Coral Gables, FL 33134
REGISTERED AGENT:
Carlos Chalbaud
2332 Galiano Street 2nd Floor
Coral Gables, FL 33134
VIOLATOR:
Plexenxebio Inc.
130 S Indian River Drive  #202
Ft. Pierce, FL 34950
VIOLATOR SECONDARY ADDRESS:
Plexenxebio Inc.
1450 Drew Avenue Stuie 150
Davis, CA 95618
REGISTERED AGENT:
Paracorp Incorporated
155 Office Plaza Drive 1st Floor
Tallahassee, FL 32301
 
 

Section 9-27(B) - Doing Business without a Tax
Code Officer Debevec read the facts of the case.  She said at this time the BTR was still not activated nor was it closed out.  Assistant City Attorney Earley stated there was no respondent present to object to the violation(s).
 

The Special Magistrate found that the violation does exist and having been provided notice and failing to appear Chalbaud Investment Group LLC has committed or is responsible for the violation(s). She ordered that the violator has 10 days in which to obtain or close out the Business Tax Receipt with the City Clerk’s office. In the event the violation(s) are not brought into compliance within the time period given, per Section 162.09, Fla. Stat., a fine of $100.00 per day will be assessed. She further ordered that after the 30-day period, if not in compliance, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
14-2257
Lien Reduction
1106 Chipola Road Lima, Karis H. Peggy Arraiz

Case Initiated: November 18, 2014 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Karis H. Lima
1106 Chipola Road
Ft. Pierce, FL 34950
CURRENT OWNER:
Doclus Lima
1124 Colonial Road
Ft. Pierce, FL 34950

Section(s): 5-369 Vacant Building
Section(s): 5-368 (3)(4) Property Maintenance
Code Compliance Manager Arraiz read the facts of the case. She corrected the amount of the fines due. She reviewed the 7 criteria required to reduce or rescind a lien with accrued fines.

Olin Carilus was sworn in as Creole interpreter.  Docius Lima was sworn in.  Delson Rene was also sworn in.  Mr. Rene took over as interpreter as he knew the situation with Mr. Lima.  Due to Mr. Lima's health his sons were acting on his behalf.  He apologized for it taking so long to correct the violations.  He said he wanted to pay his dues and be beneficial to the community.  He requested the lien be reduced to $1,500.

Special Magistrate Ross said the fact that it took 5 years to bring the property into compliance accruing $475,000.00 and that it is a rental she would not reduce it any lower than the $3,000.00 recommended by the City.  

Manager Arraiz said she was willing to give them up to a year to pay the $3,000.00.
 
After much discussion, Mr. Lima accepted this reduction and accepted the year to pay.
 

The Special Magistrate, after reviewing the 7 criteria required by Rule 17 of the Rules of Procedure, approved a lien for $423,250.00 reduced to $3,000.00 payable in within 12 months beginning March 1, 2020 and being past due if not paid by March 1, 2021. Failure to pay the reduced amount within the time ordered, results in the lien reverting to its original amount

 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned 10:30 am.
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk