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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, MARCH 4, 2020.
 
1.
CALL TO ORDER:
9:04 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:

Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Heather Debevec
Code Enforcement Officer - Isaac Saucedo
Code Enforcement Officer - Chad Dawson
Urban Forester - Paul Bertram
Building Department - Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
19-2937 CT
COMPLIED
1018 N 13th Street Ruthe, Willie Heather Debevec
 
Case Initiated: November 1, 2019 Type of Presentation: Citation
 
OWNER:
Patricia Terry
Willie Ruthe
1018 N 13th St
Ft. Pierce, FL 34950 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
00741CE 11-30 Refrigerator / ice box safety 1 @ $250.00 $250.00 $10.00 $260.00
 
2.
19-2852 CE
COMPLIED
608 Emil Drive Morales, Alex Chad Dawson
 
Case Initiated:  October 30, 2019 Type of Presentation: Regular
 
OWNER:
Alex Morales
608 Emil Dr
Fort Pierce, FL 34950
 

Section(s): 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
 
3.
19-3045 CE
CONTINUED
225 S US Hwy 1 Hemingway, Paul H & Laurel  Chad Dawson
 
Case Initiated:  November 19, 2019 Type of Presentation: Regular
 
OWNER:
Paul H Hemingway
Laurel M Hemingway
225 S US Highway 1
Ft Pierce, FL 34950
OTHER ADDRESSES:
Tropic Automotive
225 S US Highway 1
Ft. Pierce, FL 34950
 
OTHER ADDRESSES:
The Golden Gate
225 S US Highway 1
Ft. Pierce, FL 34950
 

IPMC 304.2 Protective treatment.
IPMC 304.7 Roofs and drainage.
 
4.
19-3264 CE
PULLED
912 N 22nd Street Jackson, Sarah P
Wright, Janie P
Maximillion Lewis
 
Case Initiated: May 15, 2019 Type of Presentation: Regular
 
OWNER:
Sarah P Jackson
Janie P Wright
7583 Maige Ln
Tallahassee, Fl 32310
TENANT:
Johnny B Wright
912 N 22 ST
Fort Pierce, Fl. 34950
 

Section(s):  22-192 (A), 22-177 – Tree Removal
 
5.
20-0070 CE
COMPLIED
1406 Georgia Avenue Martinez, Pablo Heather Debevec
 
Case Initiated: January 16, 2020 Type of Presentation: Regular
 
OWNER:
Pablo Martinez
1406 Georgia Ave
Ft. Pierce, FL 34950 
 

Section 5-1.104.5 - Unsafe Building ( covered windows)
 
6.
19-3445 BTR
COMPLIED
221 Avenue A Calypso Yacht Sales Chad Dawson
 
Case Initiated:  December 19, 2019 Type of Presentation: Regular
 
OWNER:
James Hatfield
Po Box 1506
Fort Pierce, FL 34950
VIOLATOR:
Calypso Yacht Sales
221 Avenue A
Fort Pierce, FL 34950

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
 
7.
19-3466 BTR
CONTINUED
515 S US Highway 1 Julio C Delgado &
Reyna Sampieri
Chad Dawson
 
Case Initiated:   December 31, 2019 Type of Presentation: Regular
 
OWNER:
Julio C Delgado
Reyna Sampieri
2537 Sw Galiano Road
Port Saint Lucie, FL 34987




 

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
 
8.
19-3469 BTR
CONTINUED
523 S US Highway 1 Julio C Delgado &
Reyna Sampieri
Chad Dawson
 
Case Initiated:  December 31, 2019 Type of Presentation: Regular
 
OWNER:
Julio C Delgado
Reyna Sampieri
2537 Sw Galiano Rd
Port Saint Lucie, FL 34987
 

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
 
9.
20-0289 VR
CONTINUED
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
 
10.
20-0248 CE
COMPLIED
309 N 12th Street McCarthy, Tommie Chad Dawson
 
 
Case Initiated:  January 22, 2019 Type of Presentation: Regular
 
 
OWNER:
Tommie McCarthy
309 N 12th  Street
Ft. Pierce, FL 34950
 

Section(s): 5-1.104.5 – Unsafe Building (covered windows)
 
11.
19-3467 BTR
CONTINUED
519 S US Highway 1 Julio C Delgado &
Reyna Sampieri
Chad Dawson
 
Case Initiated:  December 31, 2019 Type of Presentation: Regular
 
OWNER:
Julio C Delgado
Reyna Sampieri
2537 Sw Galiano Rd
Port Saint Lucie, FL 34987
 

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
19-3345 PK 100 N US Highway 1 Brown, Stuart Heather Debevec
 
Case Initiated: December 10, 2019 Type of Presentation: Citation
 
OWNER:
Stuart Brown 
LIEN HOLDER:
PNC Bank National Association
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9085 PK 10-23(Q) - Handicap Parking $250.00 $10.00 $18.00 $278.00
Assistant City Attorney Earley stated the respondent was not present.  Code Enforcement Officer Debevec presented the case on behalf of the City.  She confirmed that she issued Citation # 9085 on December 10, 2019 for violation of City Ordinance 10-23 (Q). She presented photos and agreed they were time stamped and fairly and accurately depicted the violation. Special Magistrate admitted them as composite Exhibit 1.
 

Special Magistrate Ross found that a violation does exist and Stuart Brown is ordered to pay the amount on the citation $250.00 plus $10.00 administrative fees and a late fee $18.00 for a total amount due of $278.00 payable within 30 days of the hearing date. Failure to pay the total amount within 30 days wil 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.
19-3389 CE 723 S 7th Street Galinis, Jeff & Jamiebeth Heather Debevec
 
Case Initiated:  December 12, 2019 Type of Presentation: Regular
 
OWNER:
Jeff & Jamiebeth Galinis
1710 Plover Avenue
Ft. Pierce, FL 34949
TENANT:


 

Section(s):  22-194 (C) (F) - Tree Protection and Mitigation
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 # 19-3389 on December 12, 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.

Jamiebeth Galinis was sworn in.  She said the tree, a royal poincianna, was not a native tree.  It was native to Madagascar. It was in the wrong location and dying.  She had it taken out and didn't know she needed a permit.  She said she bought another tree to replace it with but she would put it in a different location. She presented photos marked as respondent's composite 1.  

Urban Forester Bertram said he thought the tree was a jacaranda, but regardless of the actual type, all flowering trees are protected by the City and needs a tree removal permit. He said there were some circumstances that showed damage and the location was not good and she would probably been approved to remove the tree.  However, she did not get a permit.  He said the permit cost $35.  

Code Compliance Manager Arraiz said she understood the owner's reasoning behind cutting down the tree.  Recommended that the Special Magistrate charge them a double permit fee.

Mrs Galinis was agreeable to this and said she would donate the replacement tree  to any park the City would prefer.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Jeff and Jamiebeth Galinas has committed or is responsible for the violation(s). She ordered that the violator(s) have 30 days in which to pay a double permit fee of $70.00 plus a reduced fine of $180.00 for a total of $250.00 payable to the City of Fort Pierce Tree Fund. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
B.
20-0130 CE 1001 Avenue G Mitchell, Barry L
Mitchell Jr, Barry L
Heather Debevec
 
Case Initiated: January 16, 2020 Type of Presentation: Regular
 
OWNER:
Barry Mitchell
Barry Mitchell Jr
3664 Thomasson Crossing Dr
Triangle, VA 22172 
TENANT:
Londretta Bradley
1001 Avenue G
Ft. Pierce, FL 34950 
 

Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 16-46, 16-47, 16-48 (10)(D) - Non - Operable Vehicles
Code Officer Debevec read the facts of the case and presented photos which were marked as composite exhibit 1.  She said the non-operable vehicle is now in compliance and asked for an R&D order.  The other violation is still active, but they have been working on things.

Barry Mitchell came forward and affirmed she would tell the truth.  She said she has been working with the tenant to get the stuff moved.  

Special Magistrate Ross asked how the case came about and she was told it was part of a sweep.
 

Special Magistrate found that the violation 16-46, 16-47, 16-48 (1)(5) does exist and that Bary Mitchell has 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 is not cured or complied within the time given, a fine of $50.00 per day will be assessed for each day the violation 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.

Special Magistrate found that Section 16-46, 16-47, 16-48 (10) (D) did exist but has been cured as of the date of this hearing. The violators shall be warned that if these violations re-occur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.

 
C.
20-0107 CE 421 N 10th Street Dellepere (TR), Patricia Heather Debevec
 
Case Initiated: January 16, 2020 Type of Presentation: Regular
 
OWNER:
Patricia Dellepere (TR)
421 N 10th St
Ft. Pierce, FL 34950 
TENANT:
Tenant
421 N 10th St
Ft. Pierce, FL 34950 

Section 16-25 (C) - Responsibility for Containers
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 # 20-0107 on January 16, 2020 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 Ross admitted the photos as composite Exhibit 1.
 
Rafael Nieves was sworn in.  He is a realtor-investor.  He said the property is vacant and ready to rent. They warned the new tenant about putting the containers in the proper area after pickup.  He said they were also doing the landscaping that the City asked them to do.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Patricia Dellepere (TR) 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 $10.00 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.

 
D.
20-0039 CE 320 N 13th Street Johnson, Willie
Johnson, Allicia
Heather Debevec

Case Initiated: January 10, 2020 Type of Presentation: Regular

OWNER:
Willie Johnson
Allicia Johnson
320 N 13th St
Ft. Pierce, FL 34950 
 

Section 5-1.104.5 - Unsafe Building (covered windows)
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Code Officer Debevec read the facts of the case and presented photos which were marked as composite exhibit 1.  She said the covered windows were now in compliance and asked for an R&D order.  The outside storage violation is still active,  She stated the photos were time stamped and accurate.

The respondent was not present.
 

Special Magistrate Ross found that Section 5-1.104.5 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 16-46, ,16-47, 16-48 (1) (5) does exist and that Willie & Allicia Johnson 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.

 
E.
19-3454 CE 3945 S US Highway 1 Scavello Management LLC Heather Debevec

Case Initiated:  January 10, 2020 Type of Presentation: Regular

OWNER:
Scavello Management LLC
Paul Scavello
101 City Island Ave
Bronx, NY 10464 
REGISTERED AGENT:
Paul Scavello
 2112 S US Hghway 1
Ft. Pierce, FL 34950
 

Section 22-192 - Permit Required
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 # 19-3454 on January 10, 2020 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.

Paul Scavello was sworn in.  He said he was told he didn't need a permit to remove Brazilian peppers.  He said the City acknowledged this information on November 22.  He paid a company to remove the trees and clear the land. Then a stop work order was issued.  

Code Compliance Manager Arraiz said there was other trees besides the Brazilian peppers.  For example sabal palms and he needed a permit to remove them.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Scavello Management LLC have 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.

 
F.
19-2857 CE  613 Emil Drive Smart, David Chad Dawson

Case Initiated:  October 31, 2019 Type of Presentation: Regular

OWNER:
David Smart
613 Emil Drive
Fort Pierce, FL 34950
 

Section 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
Code Officer Chad 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 # 19-2857 on October 31, 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 responsdent was not present and he has had no communication.
 

Special Magistrate Ross found that a violation does exist and that David Smart 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.
19-3091 CE 2220 S US Highway 1 Talaee FL LLC Heather Debevec

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

OWNER:
Talaee FL LLC
711 Paramus Rd
Paramus, NJ 07652 
REGISTERED AGENT:
Hamed Saraj
4029 Lighthouse Ln
Naples, FL 34112
TENANT:
CVS
2220 S US Highway 1
Ft. Pierce, FL34950
 

IPMC 304.1 Exterior Structure - General
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 # 19-3091 on November 19, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as composite Exhibit 1.  Special Magistrate admitted them as composite Exhibit 1.  The respondents were not present.
 

The Special Magistrate found that a violation does exist and that Talaee FL LLC 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.

 
K.
19-3152 CE 960 S US Highway 1 960 US 1 LLC Heather Debevec

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

OWNER:
960 US 1 LLC
960 S US Hwy 1
FT. Pierce, FL 34950 
REGISTERED AGENT:
Gilbert Carlson
960 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
Jons Quality Mobil Auto
960 S US Highway 1
Ft. Pierce, FL 34950
TENANT:
Gilbert Carlson
960 S US Highway 1 Upper
Ft. Pierce, FL 34950

IPMC 302.7 - Accessory Structure
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 # 19-3152 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.

Code Compliance Manager said at the time the violation was written a permit was required to repair the fence; however, just recently the City has decided it is not necessary.  

John Carlson, registered agent for 960 US 1 LLC was sworn in.  He said they have been hand scraping and pressure cleaning the galvanized metal stairway for several weeks now.  It was painted with an oil based paint and very hard to get off. He said they were going to take the fence down and wants to put up a stucco wall to separate his building and the police department.  He said the tires have been moved.
 

Special Magistrate dismissed the violation for IPMC 302.7 as permits are no longer necessary for fence repair. She found the violation for IPMC 304.2 does exist and that 960 US 1 LLC has committed or is responsible for the violation(s). She ordered that the violator(s) have 60 days in which to comply with the City Code of Ordinances. 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.

 
L.
20-0049 CE S US Highway 1
2434-601-0052-0106
Scavello Management LLC Heather Debevec

Case Initiated: January 10, 2020 Type of Presentation: Regular

OWNER:
Scavello Management LLC
Paul Scavello
101 City Island Ave
Bronx, NY 10464 
REGISTERED AGENT:
Paul Scavello
2112 S US Highway 1
Ft. Pierce, FL 34950
 

Section 22-192 - Permit Required
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. She said the violations are the same as the previous case only they are separate parcels. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 20-0049 on January 10, 2020 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.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Scavello Management LLC have 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.

 
M.
20-0031 CE 207 Dixieland Drive Castor, Natacha Heather Debevec

Case Initiated:  January 9, 2020 Type of Presentation: Regular

OWNER:
Natacha Castor
207 Dixieland Dr.
Ft. Pierce, FL 34982 

 

Section(s):  22-194 (C)(F) - Tree Protection and Mitigation
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 # 20-0031 on January 9, 2020 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.

Natacha and Simon Castor were sworn in.  Mrs. Castor said the FPUA told them they would have to remove the tree as they were putting in an underground wire.  She said they did not say anything about a permit.  They removed 1 tree in front of the house and 1 on the west side as they were compromising the job being done.

Code Compliance Manager Arraiz asked Urban Forester Paul Bertram if he knew anything about this and he said no, they have their own tree contractors.  She asked them to give Officer Debevec the name of the person who told them this and she would check it out.  She asked the Special Magistrate to continue the case until the 18th.
 

Special Magistrate Ross continued this case until March 18.

 
N.
19-3395 CE 709 S 7th Street Willes, Tylan R Heather Debevec

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

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

IPMC 304.2 Protective Treatment
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 # 19-3395 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.

Tylan Willes was sworn in.  He said the violations were now in compliance and presented photos that were marked as respondents exhibit 1.  City agreed the violations were in compliance and asked that the case be dismissed.
 

Special Magistrate Ross, after hearing testimony from the respondent, determined the violations were in compliance and dismissed the case.

 
P.
19-3074 CE 417 El Rancho Drive Neilson, John & Christina Heather Debevec

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

OWNER:
John & Christina Neilson
417 El Rancho Dr
Ft.Pierce, FL 34950 
 

IPMC 304.2 Protective Treatment
IPMC 304.7 Roofs and Drainage
Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 19-3074 on November 19, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.

John Neilson was sworn in.  He said he just hasn't had time to take care of the violations.  He asked for more time and City agreed to give him 45 days.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that John & Christina Neilson have committed or is responsible for the violations. She ordered that the violator(s) have 45 days in which to apply for the permit and comply with all conditions of the permit. In the event the violations are not cured or complied within the time given, a fine of $50.00 per day will be assessed for each day the violation(s) continue past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
Q.
19-3087 CE 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 Ter
Pembroke Pines, FL 33028 
REGISTERED AGENT:
Walford Campbell
6153 NW Guntar Dr
Port St. Lucie, FL 34986
TENANT:
Sylvia Pena
503 El Rancho Dr
Ft. Pierce, FL 34950
 

Section 22-67 (B)(5) - Fence Maintenance - Permit Required
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 # 19-3087 on November 19, 2019 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley requested the photos be admitted as composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.
 

The Special Magistrate found that a violation does exist and that C2 & E Properties LLC 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 $100.00 per day 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

 
R.
19-3494 CE 2106 Golfview Court JBM Proeprties LLC Heather Debevec

Case Initiated: January 7, 2020 Type of Presentation: Regular

OWNER:
JBM Properties LLC
12723 Ashley Falls Dr
San Diego, CA 92130 
REGUSTERED AGENT:
Yarron Benmoshe
5225 Collins Ave unit 111
Miami Beach, FL 33140
 
OTHER:
Jacob Benmoshe
2106 Golfview Ct
Ft. Pierce, FL 34950
 

Section(s): 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 # 19-3494 on January 7, 2020.  She said the violations were in compliance at this time and asked for an R&D order.  
 

Special Magistrate Ross 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.

 
S.
20-0341 CE 115 S 13th Street Alouption, Mirielle Heather Debevec
 
Case Initiated:  February 4, 2020 Type of Presentation: Regular
 
OWNER:
Mirielle Alouption
1450 SW Dimperio Ave
Port St. Lucie, FL 34953 

 

Section 22-194(s):  (C)(F) - Tree Protection and Mitigation
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 # 20-0341 on February 4, 2020 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.

She said 3 oak trees were removed.  She hired a contractor to do the work; but he didn't tell her about the permit.  

Mirelle Alouption was sworn in.  She said the contractor kept all of the plans and did not tell her about the permit.  She said she has the permit now but didn't have it with her. 

Special Magistrate Ross said the homeowner hires a contractor who says they are licensed but does not check with the Building Depatment.They quote a price, get paid, do the work, and the home owner is responsible for anything that happens after that.
 
Urban Forester Bertram said she got the permit after the trees were removed.

She continued the case until March 18 to allow the respondent to get proof of the permit.  

Ms. Alouption returned at the end of the meeting and her case was recalled.  She presented paperwork reference the permit that was marked as respondent's exhibit 1.
 

At the end of the hearing, Ms. Alouption returned with the proof. After inspecting the proof and finding a violation was still in effect, She found that the violation(s) listed on the summary sheet do exist and that Mirielle Alouption has committed or is responsible for the violation(s). She reduced the fine to $250.00 payable to the City of Fort Pierce Tree Fund and the violator(s) have 30 days in which to comply with the city code of ordinances. In the event the fine is is not paid within the time given, the fine will return to it's original amount $15,000.00. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
U.
19-3465 BTR 415 Avenue A Virtual Schools of Excellence Chad Dawson

Case Initiated:  December 31, 2109 Type of Presentation: Regular

OWNER:
Kraaz & Kraaz Finance LLC
124 N 2nd Street Ste A
Fort Pierce, FL 34950
TENANT:
Virtual Schools of Excellence
415 Avenue A
Fort Pierce, FL 34950

Sec. 9-16 (A) – Imposed
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
Code Officer Dawson read the facts of the case explained the nature of the violation and the City Clerk's office has confirmed there is no renewal of Business Tax Receipt at this time. 
 

Special Magistrate found that the violation does exist and Virtual Schools of Excellence has committed or is responsible for the violation(s). She ordered that the violator has 5 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.

 
V.
19-3270 BTR 9 E Harbour Isle Drive Apt 106 Treasure Coast Delivery Goods Chad Dawson

Case Initiated:  December 5, 2019 Type of Presentation: Regular

OWNER:
Marilyn S Murphy (TR)
4 Harbour Isle Drive E Unit 102
Fort Pierce, FL 34950
VIOLATOR:
Treasure Coast Delivery Goods
9 E Harbour Isle Drive Apt 106
Fort Pierce, FL 34950

Section(s): 9-16 (A) – Imposed.
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 9-27 (C) - Enforcement
Code Officer Dawson read the facts of the case explained the nature of the violation and the City Clerk's office has confirmed there is no renewal of Business Tax Receipt at this time. 
 

Special Magistrate found that the violation does exist and Treasure Coast Delivery Goods has committed or is responsible for the violation(s). She ordered that the violator has 5 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.

 
W.
20-0030 CE 3945 S US Highway 1 GGI II Properties LLC
corrected Scavello Management
Heather Debevec
 
Case Initiated: January 9, 2020 Type of Presentation: Regular
 
OWNER:
Scavello Management LLC
Paul Scavello
101 City Island Ave
Bronx, NY 10464 
REGISTERED AGENT:
Neal Poller
S University Dr Ste 325
Plantation, FL 33324
 

Section(s):  22-192 (A), 22-177 - Tree Removal
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 # 20-0030 on January 9, 2020 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.

Paul Scavello was sworn in.  He said he hired a company based out of St. Lucie County.  They did not tell him he needed a permit to remove the trees.

Urban Forester Bertran said there is a flat rate of $200.00 to remove sabal palm trees.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Scavello Management LLC has committed or is responsible for the violation(s). She ordered that the violator(s) have 10 days in which to pay $200.00 payable to the City of Fort Pierce Tree Fund. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
X.
19-2967 CE 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
Code Officer Saucedo 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 # 19-2967 on November 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 composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1.  The respondent was not present.
 

Special Magistrate found that a violation does exist and that Toivorrentals LLC 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 $150.00 per day. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
Y.
19-2958 CE 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. 
Code Officer Saucedo read the facts of the case.  He said the owner had obtained a permits, but it does not address the violations being alleged.

Building Department Co-ordinator Coss said the permit was issued but not for this work.  Mr. Toivola was working with Andros Construction and they were in agreement to give them 15 days from the date of order to apply for the proper permit.
 

Special Magistrate found that a violation does exist and that Toivorentals LLC 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 15 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 $150.00 per day 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.

 
Z.
19-2968 CE 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
Code Officer Saucedo read the facts of the case and stated the violations were in compliance at this time.  This property consists of two different parcels and this one is in compliance.  He asked for an R&D order to be issued.
 

Special Magistrate Ross 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.

 
AA.
19-2969 CE 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. 
Code Officer Saucedo read the facts of the case and said the violations were in compliance at this time.  He asked for an R&D order to be issued.
 

Special Magistrate Ross found that the violations listed on the summary sheet 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 ente

 
GG.
19-3035 CE
cont from 2/5/20
 
1205 Seaway Drive

TELEPHONE CONFERENCE
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 Clerk Greer made several attempts to contact the violator via telephone but there was no answer.

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 # 19-3035 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.

She said they applied for a permit but it was denied because the contractor was not licensed to do the required work.  

Building Department Co-ordinator Coss said a permit was issued for the soffit and facia but the work to be done in this case was outside the scope of the permit.  This is a rental unit and they need a commercial permit.  The contractor issue has been resolved and the permit has been issued.
 

Special Magistrate found that a violation does exist and that the Anthony Lascala having been provided notice and failing to be available 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 proper 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 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.

 
HH.
20-0324 CE 1001 S 11th Street
TELEPHONE CONFERENCE
CCBN LLC Heather Debevec

Case Initiated:  January 31, 2020 Type of Presentation: Regular

OWNER:
CCBN LLC
1256 Sycamore Dr
Simi Valley, CA 93065 
REGISTERED AGENT:
Jason Maughn
1101 Periwinkle Way Ste 103
Sanibel, FL 33957
OTHER:
CCBN LLC
1501 Middle Gulf Dr E 304
Sanibel, FL 33957
OTHER:
CCBN LLC
3490 Timberline Dr
Quincy, IL 62305

Section 22-194 - Tree Protection and Mitigation
Code Enforcement Clerk Greer made several attempts to contact the violators via telephone; however, there was no answer.  

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 #20-0324 on January 31, 2020 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. Assistant City Attorney Earley asked that this case be treated as a no show. 

Urban Forester Bertram explained his training and certification.  He said he received a report from Solid Waste about the trees being cut.  The trees were alive and showed no sign of damage where the trees needed to be cut down.

Code Compliance Manager Arraiz said her department also received a report that the trees had been cut down and left on the side of the road.
 

Special Magistrate found that a violation does exist and that CCBN LLC having been provided notice and failing to be available by phone 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 be fined $500.00 payable to the City of Fort Pierce Tree Fund. 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
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned 11:25 am.
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk