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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, FEBRUARY 5, 2020.
 
1.
CALL TO ORDER:
9:04 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-3274 BTR
COMPLIED
2402 S 8th Street Cullins Pressure Washing Heather Debevec
 
Case Initiated: December 10, 2019 Type of Presentation: Regular
 
OWNER:
Joseph R McDonald
Linda B McDonald
2402 S 8th Street
Ft. Pierce, FL 34982 
VIOLATOR:
Cullins Pressure Washing
2402 S 8th Street
Ft. Pierce, FL 34982
 

Section 9-27 (B) - Doing Business without a Tax
 
2.
19-3290 BTR
COMPLIED
800 Virginia Ave #16 B & B Telecommunications  Isaac Saucedo
 
Case Initiated: December 9, 2019 Type of Presentation: Regular
 
OWNER:
Virginia Avenue Plaza LLC
877 NE Jensen Beach Blvd
Jensen Beach, FL 34957
OCCUPIED BY:
Charles Grunbaum
877 NE Jensen Beach Blvd
Jensen Beach, FL 34957

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (C) - Enforcement
 
3.
19-2750 BTR
CONT 3/4
3101 Oleander Avenue - Bay 5 R Stein LLC Isaac Saucedo
 
Case Initiated: October 20, 2019 Type of Presentation: Regular
 
OWNER:
R Stein LLC
670 Weaverville Hwy, Suite 6
Ashville, NC 28804
TENANT:
ECA Motors LLC
3101 Oleander Avenue
Ft. Pierce, FL 34950
REGISTERED AGENT:
Kenneth A Norman
2400 S.E Federal Hwy, Fourth Floor
Stuart, FL 34994
 
 

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
 
4.
19-2748 BTR
CONT 3/4
3101 Oleander Avenue - Bay 4 R Stein LLC Isaac Saucedo
 
Case Initiated: October 20,2019 Type of Presentation: Regular
 
OWNER:
R Stein LLC
670 Weaverville Highway -  Suite 6
Ashville, NC 28804
TENANT:
ECA Motors LLC
3101 Oleander Avenue
Ft. Pierce, FL 34950
REGISTERED AGENT:
Kenneth A. Norman
2400 S.E Federal Highway, Fourth Floor
Stuart, FL 34994
 
 

Section(s): 9-16 (A) – Imposed
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
 
5.
19-3244 CE
COMPLIED
1020 Jamaica Ave Guzman, Efrain
Rodriguez, Imelda M
Isaac Saucedo
 
Case Initiated: December 4, 2019 Type of Presentation: Regular
 
OWNER:
Efrain Guzman
Imelda M Rodriguez
1020 Jamaica Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:
 


 

IPMC 304.2 - Protective treatment.
 
 
6.
19-2967 CE
CONT. 3/4
2203 Orange Ave Toivorentals LLC Isaac Saucedo
 
Case Initiated: November 5, 2019 Type of Presentation: Regular
 
OWNER:
Toivorentals LLC
229 NE Sagamore Terr
Port Saint Lucie, Fl 34983
OCCUPIED BY:
Jarmo T Toivola
229 NE Sagamore Terr
Port Saint Lucie, Fl 34983 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
7.
19-2958 CE
CONT 3/4
2203 Orange Ave Toivorentals LLC Isaac Saucedo
 
Case Initiated: November 5, 2019 Type of Presentation: Regular
 
OWNER:
Toivorentals LLC
229 NE Sagamore Terr
Port Saint Lucie, Fl 34983
OCCUPIED BY:
Jarmo T Toilvola
229 NE Sagamore Terrerace
Port Saint Lucie, Fl 34983

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 22-187 (13) – Landscape Maintenance
IPMC 302.7 Accessory structures.
IPMC 304.2 Protective treatment.
IPMC 304.6 Exterior walls. 
IPMC 304.13 Window, skylight and door frames. 
 
8.
19-2968 CE
CONT 3/4
2211 Orange Avenue Toivorentals LLC Isaac Saucedo
 
Case Initiated: November 5, 2019 Type of Presentation: Regular
 
OWNER:
Toivorentals LLC
229 NE Sagamore Terr
Port Saint Lucie, FL 34983
OCCUPIED BY:
Jarmo T Toivola
229 NE Sagamore Terr
Port Saint Lucie, FL 34983

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
9.
19-2969 CE
CONT 3/4
2211 Orange Ave Toivorentals LLC Isaac Saucedo
 
Case Initiated: November 5, 2019 Type of Presentation: Regular
 
OWNER:
Toivorentals LLC
229 NE Sagamore Terr
Port Saint Lucie, FL 34983
OCCUPIED BY:
Jarmo T Toivola
229 NE Sagamore Terr
Port Saint Lucie, FL 34983

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 22-187 (13) – Landscape Maintenance
IPMC 302.7 Accessory structures. 
IPMC 304.2 Protective treatment.
IPMC 304.6 Exterior walls. 
IPMC 304.13 Window, skylight and door frames. 
 
10.
19-3009 CE
COMPLIED
710 Osceola Avenue
 
Osne, Cadette
Osne, Jeannot
Heather Debevec
 
 
Case Initiated: November 13, 2019 Type of Presentation: Regular
 
OWNER:
Cadette Osne
Jeannot Osne
710 Osceola Ave
Ft. Pierce, FL 34982 
 

IPMC 302.7 -  Accessory Structure
 
11.
19-0571 CE
PULLED
422 N 13th Street Cook, Anthony Heather Debevec
 
Case Initiated: March 6, 2019 Type of Presentation: Regular
 
OWNER:
Anthony Cook
4504 St Thomas Ave
Baltimore, MD 21206 
TENANT:
Freddie Gibson
422 N 13th St
Ft. Pierce, FL 34950

IPMC 304.7 - Roofs and Drainage
 
12.
19-3138 CE
COMPLIED
1102 S US Highway 1 Lemen Inc Heather Debevec
 
Case Initiated: November 20, 2019 Type of Presentation: Regular
 
OWNER:
Lemen Inc
3401 S US Highway 1 Ste 2
Ft. Pierce, FL 34982 
REGISTERED AGENT:
Elizabeth Mendez
1102 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
Castle Antiques and Collectibles
1102 S US Highway 1
Ft. Pierce, FL 34950
 

IPMC 304.2 - Protective Treatment
 
4.
PUBLIC HEARINGS - CITATIONS
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
E.
19-3060 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
 

Section(s) 16-46, 16-48 (1) -  Maintenance of nuisance on property prohibited / Nuisance as an Object
Code Enforcement 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 # 19-3060 on November 15 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.  There was no respondent present to object to the violations.

Officer Debevec said the violations were in compliance as of this date and asked the Special Magistrate to issue a Review and Determination Order.
 

Special Magistrate Ross found that Section(s): 16-46, 16-47, 16-48 (1) 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.
19-0404 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 Enforcement 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1. There was no respondent present to object to the violations.
 
 

Special Magistrate Ross found that a violation does exist and that Kimberly Williams Parker 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.

 
M.
19-3168 CE 612 S US Highway 1 S M Kunbi Inc Heather Debevec

Case Initiated: November 21, 2019 Type of Presentation: Regular

OWNER:
S M Kunbi Inc
612 S US Highway 1
Ft. Pierce, FL 34950 
REGISTERED AGENT:
Kaushik Patel
612 S US Highway 1
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Code Enforcement 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 # 19-3168 on November 21, 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. 
 
Kaushik Patel was sworn in.  He said he had a death in the family and his father has been ill.  He's had to tend to this and hadn't had time to move everything.  The air-conditioners are gone.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that S M Kunbi Inc. has committed or is responsible for the violation(s). She ordered that the violator(s) have 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.

 
N.
19-3170 CE 612 S US Highway 1 S M Kunbi Inc Heather Debevec

Case Initiated: November 21, 2019 Type of Presentation: Regular

OWNER:
S M Kunbi INC
612 S US Highway 1
Ft. Pierce, FL 34950 
REGISTERED AGENT:
Kaushik Patel
612 S US Highway 1
Ft. Pierce, FL 34950

IPMC 304.2 Protective Treatment
IPMC 302.7 Accessory Structure
Code Enforcement 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 # 19-3170  on November 21, 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.  

Kaushik Patel who had previously been sworn in said he was working with a contractor to get a permit to repair the chain link fence.  He has painted the stucco on the northeast section of building.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that S M Kunbi Inc. 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 $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.

 
O.
19-3142 CE S 3rd Street Lemen Inc Heather Debevec

Case Intiated: November 21, 2019 Type of Presentation: Regular

OWNER:
Lemen Inc
3401 S US Highway 1 Ste 2
Ft. Pierce, FL 34950 
Registered Agent:
Elizabeth Mendez
1102 S US Highway 1
Ft. Pierce, FL 34950

Section 22-187 (13) - Landscape Maintenance
Code Enforcement 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 # 19-3142 on November 21, 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.  There was no respondent present to object to the violations.
 

Special Magistrate Ross found that a violation does exist and that Lemen Inc. having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City. It is hereby ordered that the Violator be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they 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.

 
Q.
19-3393 CE 709 S 7th Street Willes, Tylan Heather Debevec

Case Initiated: December 18, 2019 Type of Presentation: Regular

OWNER:
Tylan Willes
709 S 7th St
Ft. Pierce, FL 34950 
 

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
Code Enforcement 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 # 19-3393 on December 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.There was no respondent present to object to the violations.
 

Special Magistrate Ross found that a violation does exist and that Tylan Willes 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.

 
R.
19-3392 CE 709 S 7th Street Willes, Tylan Heather Debevec

Case Initiated: December 18, 2019 Type of Presentation: Regular

OWNER:
Tylan Willes
709 S 7th St
Ft. Pierce, FL 34950 
 

Section 5-1.104.5 - Unsafe Building (covered windows)
Code Enforcement 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 # 19-3392 on December 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1. There was no respondent present to object to the violations.
 

Special Magistrate Ross found that a violation does exist and that Tylan Willes 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.

 
T.
19-3035 CE 1205 Seaway Drive Lascala, Anthony
Moore, Tina
Heather Debevec

Case Initiated: November 14, 2019 Type of Presentation: Regular

OWNER:
Anthony Lascala
Tina Moore
10 Pilar Ln
Oakdale, NY 11769 
TENANT:
Tenant
1205 Seaway Dr Apt 1
Ft. Pierce, FL 34949
 
TENANT:
Tenant
1205 Seaway Dr Apt 2
Ft. Pierce, FL 34949
TENANT:
Tenant
1205 Seaway Dr MHSE
Ft. Pierce, FL 34949

IPMC 304.1 - Exterior Structure - General
Code Enforcement 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 # 19-3035 on November 14, 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. There was no respondent present to object to the violations.

Officer Debevec said they had applied for a permit on January 23, 2020, but was denied.  They were notified of this on January 29.  He was informed that he applied as residential but needs commercial. 
 

Special Magistrate Ross continued this case until March 4, 2020.

 
U.
19-2564 CE 713 Citrus Avenue Lakram, Roshini Heather Debevec

Case Initiated: October 1, 2019 Type of Presentation: Appeal

OWNER:
Roshini Lakram
5235 NW Jake Ct
Pt. St. Lucie, FL 34986 
TENANT:
Cherisena Armand
713 Citrus Ave
Ft. Pierce, FL 34950 

Section 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicle
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Code Enforcement 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 # 19-2564 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.  There was no respondent present to object to the violations.   

Officer Debevec said the violations were in compliance as of this date and asked for a Review and Determination Order.
 

Special Magistrate Ross found that Section(s): 16-46, 16-47, 16-48 (10) (D) 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
19-2390 Massey 1710 Sunrise Boulevard Toussaint, Michelot Isaac Saucedo

Case Initiated: August 22, 2019  Type of Presentation: Massey - Stop Fines

OWNER:
Michelot Toussaint
Veronique Phanor
1710 Sunrise Boulevard
Ft. Pierce, FL 34950
TENANT:



 

IPMC 304.7 Roofs and drainage
Code Enforcement Officer Isaac Saucedo read the facts of the case.  He said the violations were not in compliance; however, Mr. Toussaint was requesting the Special Magistrate to stop the fines from accruing any further and allow him time to repair or replace the roof.  The fines are accruing at $150.00 and are currently $7,220.00.

Michelot Toussaint was sworn in.  He said his daughter had received the letters that were sent notifying him of the problems with the roof and he has just received them from her recently.  He was financially unable to replace the roof.  He's been trying to get help but has had no luck. He asked that the fines be stopped.

Special Magistrate Ross asked if the house was being lived in.  Mr. Toussaint said he, his wife, and two children were living there.  

Special Magistrate Ross said she was concerned for the safety of the family and that there were organizations out there who might be able to help.  He would have to contact them.  Officer Saucedo said he would try to help also.
 

Special Magistrate Ross denied the request to stop fines from running. She said she would continue this case for 90 days and if he can show any progress she will stop the fines after that. After the roof is repaired or replaced he can then come back for a reduction. The date is set for May 6, 2020. She said to stay in touch with Officer Saucedo.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
19-2747 
Order Setting Aside
3101 Oleander Avenue - Bay 3 R Stein LLC Isaac Saucedo

Case Initiated: October 20, 2019 Type of Presentation: Order Setting Aside

OWNER:
R Stein LLC
670 Weaverville Hwy -  Suite 6
Ashville, NC 28804
TENANT:
Fitz Repair Shop
3101 Oleander Avenue
Ft. Pierce, FL 34950
REGISTERED AGENT:
Kenneth A Norman
2400 S.E Federal Highway, Fourth Floor
Stuart, FL 34994
 

Section: 9-16 (A) – Imposed.
Section: 9-27 (B) – Doing Business without a Tax
Section: 9-27 (C) - Enforcement
Code Compliance Manager Arraiz read the facts of the case and said after the order was mailed out, Staff was contacted by the tenant.  Staff confirmed there was a deficiency in the Notice of Hearing and requested the Order Determining Violation be set aside.
 

Special Magistrate Ross ordered the Order of Violation dated January 8, 2020 be set aside.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned: 9:50 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk