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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 19, 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
Max Lewis - Code Enforcement Officer
John Futch - Parking Enforcement Officer
Jacqueline Young-Smith - Alarm Co-ordinator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-3063 PK
PULLED
Orange Ave/IRD lot Wills, Wyatt Thomas John Futch
 
Case Initiated: November 14, 2019 Type of Presentation: Citation
 
VIOLATOR:
Wyatt Thomas Wills
PARKING VIOLATION:
Parking time limited - 2-hour parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9196 PK 10-23 (P) Parking Regulation $50.00 $10.00 $18.00 $78.00
 
2.
19-3229 PK
PAID
218 N 2nd St Ean Holdings, LLC John Futch
 
 
Case Initiated: November 26, 2019 Type of Presentation: Citation
 
VIOLATOR:
Ean Holdings, LLC
PARKING VIOLATION:
Parking time limited - 2-hour parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
7581 PK 10-23 (P) Parking Regulation $50.00 $10.00 $18.00 $78.00
 
3.
20-0242 PK
PAID
Orange Ave./IRD lot Olson, Nicholas Daniel John Futch
 
 
Case Initiated: November 4, 2019 Type of Presentation: Citation
 
VIOLATOR:
 Nicholas Daniel & Lydia Marie Olson
PARKING VIOLATION:
Parking Time Limited - 2 Hour
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9178  PK 10-23 (P) Parking Regulation $50.00 $10.00 $18.00 $78.00
 
4.
19-2509 CE
Cont 11/13/19
CONT 3/4/20
1237 Grose Rd WeBuyScrap LLC Janey Vanderhorst
 
Case Initiated:  September 20, 2019 Type of Presentation: Regular
 
VIOLATOR:
We Buy Scrap LLC
1237 Grose Rd
Fort Pierce, Fl 34982
OWNER:
3340 Enterprise Road LLC
3340 Enterprise Rd 
Fort Pierce, Fl 34982
REGISTERED AGENT:
Eric A Hellems
1141 Old Okeechobee Rd
West Palm Beach, FL 33401
 

Section(s):  9-16 (A) – Imposed.
Section(s):  9-27 (B) – Doing Business without a Tax
Section(s):  9-27 (C) - Enforcement
 
5.
19-3298 BTR
COMPLIED
133 Westglen Dr Accurate Window Treatment LLC Isaac Saucedo
 
Case Initiated: December 17, 2019 Type of Presentation: Regular
 
OWNER:
Levi Realty LLC
1354 Cleveland Rd
Miami Beach, Fl 33141

Registered Agent:
Associated Corporate Services LLC
6111 Broken Sound Parkway NW
Suite 200
Boca Raton, Fl 33487
OCCUPIED BY:
Accurate Window Treatment LLC
133 Westglen Dr
Fort Pierce,FL 34950

Registered Agent:
Michael R Rule
135 Westglen Dr
Fort Pierce, Fl 34981

 

Sec. 9-16 (A) – Imposed
Section 9-27 (C) - Enforcement
 
6.
19-2807 CE
Cont 12/18/19
COMPLIED
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 Ct
Ft. Pierce, FL 34950
TENANT / REQUESTOR:
Joslynn Williams
510 Means ct
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicle
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-3038 PK 130 N 2nd St Brown, Venus Maria John Futch
 
Case Initiated: November 4, 2019 Type of Presentation: Citation
 
VIOLATOR:
Venus Maria Brown
PARKING VIOLATION:
Parking time limited - 2-hour parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9194PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 19-3038 on November 4, 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.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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 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.
19-3183 PK Orange Ave./IRD lot Brown, Venus Maria John Futch

Case Initiated: November 20, 2019 Type of Presentation: Citation

VIOLATOR:
Venus Maria Brown
PARKING VIOLATION:
Parking time restricted - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
7565 PK 10-23 (P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 7565 on November 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.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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.
19-3022 PK Orange Ave./IRD lot Guzman, Megan Rose John Futch

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

VIOLATOR:
Megan Rose Guzman
PARKING VIOLATION:
Parking Time Limited - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
9187PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 9187 on November 7, 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.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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.
19-3064 PK Orange Ave./IRD lot Koder, Laura Angeline John Futch

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

VIOLATOR:
Laura Angeline Koder
PARKING VIOLATION:
Parking time limited - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
9197PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 9197 on November 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 City's composite 1.   Special Magistrate admitted them as City's composite 1.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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.
19-3070 PK Orange Ave./IRD lot Render, Dontallis Lorenzo John Futch
 
 
Case Initiated: November 14, 2019 Type of Presentation: Citation

VIOLATOR:
Dontallis Lorenzo Render
PARKING VIOLATION:
Parking Time Limited - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
7553 PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 7553 on November 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 City's composite 1.   Special Magistrate admitted them as City's composite 1.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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.
19-3124 PK Atlantic Ave. Jerome, Hedmond John Futch

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

VIOLATOR:
Hedmond Jerome
PARKING VIOLATION:
Parking Time Limited - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
7557 PK 10-23(P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 7557 on November 18, 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.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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.
19-3211 PK Orange Ave./IRD lot Runyon, Amanda Jo John Futch

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

VIOLATOR:
Amanda Jo Runyon
PARKING VIOLATION:
Parking time limited - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
7575  PK 10-23 (P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 7575 on November 25, 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.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) 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.

 
H.
19-3181 PK 200 Orange Ave.  Turnbull, Heather Marie John Futch

Case Initiated: November 20, 2019 Type of Presentation: Citation

VIOLATOR:
Heather Marie Turnbull
PARKING VIOLATION:
Parking time limited - 2-hour parking

Citation # Code Section Fine Admin Fee Late  Fee Total Due
7563  PK 10-23 (P) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 7563 on November 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 it 1.   Special Magistrate admitted them as City's composite 1.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit. 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.

 
I.
19-3209 PK N 2nd St and Marina Way Enterprise Leasing Company John Futch
 
Case Initiated: November 21, 2019 Type of Presentation: Citation
 
 
VIOLATOR:
 Enterprise Leasing Company
PARKING VIOLATION:
Improper Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
7574  PK 10-23 (T) Parking Regulation $50.00 $10.00 $18.00 $78.00
Parking Enforcement Officer 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 # 7574 on November 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.  There was no respondent present to object to the violations.
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City. It was ordered that they pay the amount on the citation $50.00 plus $10.00 administrative fees and $18.00 late fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
20-0289 VR 1550 S Ocean Drive Sanchez, Andres
Sintes, Maria
Heather Debevec
 
Case Initiated: January 23, 2020 Type of Presentation: Repeat
Previous Order Date: November 6, 2019    
 
OWNER:
Andres Sanchez
Maria Sintes
1550 S Ocean Dr A5
Ft. Pierce, FL 34949 
OWNER:
Andres Sanchez
Maria Sintes
15628 SW 16th St
Pembroke Pines, FL 33027 

Section 22-22 - Allowed Uses
Section 9-27 (B) - Doing Business without a Tax
Code Compliance Manager Arraiz read the facts of the case.  She said at this time the ad was down and Mr. Sanchez just recently contacted legal counsel.  She asked that the case be re-scheduled to allow him to work with the client and get the previous case fines paid.
 
Attorney Mathew Worsham came to the podium and agreed 2 weeks should be enough time.
 

After hearing the case presentation, Special Magistrate Pelletier continued this case until the next hearing date which would be March 4, 2020.

 
B.
20-0297 CE 805 Texas Court Ewen, Dennie P & Vanessa Maximillion Lewis
 
Case Initiated:  Initial date -June 6 2018
 Current - January 28, 2020
Type of Presentation: Repeat Violator
 
OWNER:
Dennie P Ewen II & Vanessa Ewen
805 Texas Court
Ft. Pierce, FL 34950
OTHER ADDRESSES:


 

Section(s):  22-187 (13) - Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Code Enforcement Officer Lewis read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Lewis confirmed that the first case was initiated June 6, 2018 and he initiated Case # 20-0297 as a repeat violator on January 28, 2020. 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. 

Dennie P. Ewen II was sworn in.  He said he has had no contact since the last time which was over 2 years ago.  He's been in and out of the hospital and hasn't had any help to keep the property up.

Code Compliance Manager Arraiz asked him how much time he needed to comply the violations.  He stated there was no violations and at that time the photos were shown on the overhead.  Manager Arraiz explained and showed him what he needed to do and said 5 days should be sufficient time.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Dennie P & Vanessa Ewen have 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 $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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
19-2202 Appeal Temple Drive 2 Tarraf, Andre Heather Debevec

Case Initiated:  August 16, 2019 Type of Presentation: Lot Clearing Appeal

OWNER:
Andre Tarraf
19021 SW Positano Way
Port St. Lucie, FL 34986
TENANT:


 

Section(s): 16-46 Maintenance of nuisance on property prohibited.
Section(s): 16-48 (9)(18) Nuisance as a Condition
Code Enforcement Officer Debevec said this was an appeal and 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 # 19-2202 on August 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. 

Andre Tarraf was sworn in.  He said on September 20, 2019 he had over 18,000 sq. ft. of vegetation cleared.  On October 10 he received a letter from Code Officer Debevec thanking him for cleaning up the property.  He claimed he never received the October 15th letter from Officer Debevec saying there was still some work that needed to be done including picking up a small pile of debris.  He said this pile was not on his property, but Officer Debevec said it was and he was informed of this at the time she issued the letter.

Code Compliance Manger Arraiz explained that staff does not send anything other than the notice of hearing out certified; however, the letter was not returned by the post office so staff assumes it was received. After not complying within the time given, the City authorized the City's landscape maintenance contractor to clean up the property.  She said there was a stabbing on this property and the police department requested code enforcement's involved.  She said this is a perfect example of why the City Commission adopted the CPTED resolution.
 

The Special Magistrate found Andre Tarraf was in violation of Section(s) 16-46 and 16-48 (9) (18) and denied his appeal. She gave him 30 days to pay the bill. He has 30 days to appeal to the Circuit Court of St. Lucie County.

 
B.
20-0377 AA 1235 Boston Avenue  Rivas Ramos, Felipe Jacqueline Young-Smith
 
Case Initiated:  December 18, 2019 Type of Presentation: Alarm Appeal 
 
APPELLATE: 
Felipe Rivas Ramos
1235 Boston Avenue
Ft Pierce, FL. 34950
 

HISTORY
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 1-27-2019 14-24 Excessive False Alarm Signals Residential  1 $ 0.00
 2-02-2019 14-24 Excessive False Alarm Signals Residential  0 $   0.00
 2-03-2019 14-24 Excessive False Alarm Signals Residential  0 $  50.00
 2-14-2019 14-24 Excessive False Alarm Signals Residential  0 $100.00
 3-13-2019 Hearing Request  Residential    $150.00
 4-05-2019 Hearing Approved / Balance Reduced Residential   $    0.00

CURRENT
 7-04-2019 14-24 Excessive False Alarm Signals Residential 2 $ 50.00
Alarm Coordinator Young-Smith presented the history of the appeal  to the Special Magistrate.  She said Mr. Ramos had previously appealed the alarm fines and they were waived.  On July 4, 2019, approximately 3:00 am, he received another alarm call.  No one responded to the call, so the police were called out.  A fine for $50.00 was charged. He is asking that this also be waived.

Felipe Rivas Ramos was sworn in.  He said his elderly mother lives there.  He pays the monthly alarm bill and he feels he shouldn't have to pay for the police department to check when the alarm goes off.  This is a whole week of food for her.

Code Compliance Manager Arraiz said the department works with a company called Cry Wolf who administers the alarms, fines, and appeals.  They contacted Staff about the new fine and Staff's position is that he had one appeal waived and should not be granted another one.
 

The Special Magistrate found Felipe Rivas Ramos was in violation of Chapter 14 Article II and ordered the fines to remain as is. She ordered the alarm system owner’s account be updated and shall retain the current false alarm count status of 2 false alarms.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned:
10:05 am

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk