9:00 am
Margaret Arraiz - Code Compliance Manager
Janey Vanderhorst - Code Compliance Supervisor
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Chad Dawson - Code Enforcement Officer
Maximillion Lewis - Code Enforcement Officer
| 19-2748 CE COMPLIED |
3101 Oleander Ave Bay 4 | R Stein LLC | Isaac Saucedo |
| Case Initiated: | October 20, 2019 | Type of Presentation: | Regular |
| OWNER: R Stein LLC 670 Weaverville Hwy Ste 6 Asheville, NC 28804 |
TENANT: Fitz Repair Shop 3101 Oleander Avenue Fort Pierce, FL 34950 |
| REGISTERED AGENT: Kenneth A. Norman 2400 S.E Federal Highway, Fourth Floor Stuart, Fl 34994 |
Sec. 9-16 (A) – Imposed.
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
| 19-2750 CE COMPLIED |
3101 Oleander Ave Bay 5 | R Stein LLC | Isaac Saucedo |
| Case Initiated: | October 20,2019 | Type of Presentation: | Regular |
| OWNER: R Stein LLC 670 Weaverville Hwy Ste 6 Asheville, NC 28804 |
TENANT: Fitz Repair Shop 3101 Oleander Ave Fort Pierce, Fl 34950 |
| REGISTERED AGENT: Kenneth A. Norman 2400 S.E Federal Highway, Fourth Floor Stuart, Fl 34994 |
Sec. 9-16 (A) – Imposed.
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
| 20-1184 CE COMPLIED |
713 Garden Avenue | Fife, John D | Isaac Saucedo |
| Case Initiated: | May 19, 2020 | Type of Presentation: | Regular |
| OWNER: John D Fife 713 Garden Avenue Fort Pierce, Fl 34950 |
Section(s): 16-46, 16-47, 16-48 (10)(D) - Non-Operable Vehicles
| 20-1015 CONT. |
100 N US Highway 1 | White, Steven | Heather Debevec |
| Case Initiated: | April 21, 2020 | Type of Presentation: | Regular |
| Continued until 9/2/2020 | Reason | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| OWNER: Steven White |
| Citation # | Code Section | Fine | Admin Fee | Late Fee | Total Due |
| 10653 PK | 10-23(D) Obstructing the Lane | $50.00 | $ | $ | $50.00 |
| 19-2788 CE CONT. |
1504 G Terrace | Strong Jr, James T | Chad Dawson |
| Case Initiated: | October 24, 2019 | Type of Presentation: | Regular |
| Cont. 9/2/2020 | Reason: | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| OWNER: James T Strong 1521 Pineburke Ln Fort Pierce, FL 34947 |
TENANT: 1504 G Terrace Fort Pierce, FL 34950 |
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
| 19-2795 CE CONT. |
1506 G Terrace | Strong, Merdis | Chad Dawson |
| Case Initiated: | October 24, 2019 | Type of Presentation: | Regular |
| Cont. 9/2/2020 | Reason: | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| OWNER: Merdis Strong 1506 G Terrace Fort Pierce, FL 34950 |
IPMC 304.2 Protective treatment.
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
| 20-140 CE COMPLIED |
2401 Avenue G | Braynen (EST), Everett | Isaac Saucedo |
| Case Initiated: | January 21, 2020 | Type of Presentation: | Regular |
| OWNER: Everett Braynen (EST) 1704 Avenue N Fort Pierce, FL 34950 |
TENANT: 2401 Avenue G # A Fort Pierce, FL 34950 |
| TENANT: 2401 Avenue G # B Fort Pierce, FL 34950 |
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
| 20-725 CE COMPLIED |
613 Emil Dr | Smart, David | Isaac Saucedo |
| Case Initiated: | April 7, 2020 | Type of Presentation: | Regular |
| OWNER: David Smart 613 Emil Dr Fort Pierce, FL 34950 |
OCCUPIED BY: |
Sec. 9-16 (A) – Imposed.
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
| 20-1430 AA CONT. |
1717 S. US Hwy. 1 #5 | Indian River Celluar | Jacqueline Young-Smith |
| Case Initiated: | January 23, 2020 | Type of Presentation: | Alarm Appeal |
| Rescheduled | July 15, 2020 | Reason: | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| Cont. 9/2/2020 | Reason: | Request is an appeal, Special Magistrate granted an additional continuation. |
| APPELLANT: Jennifer Fusco 1717 S. US Highway 1 #5 Ft. Pierce, Fl. 34950 |
BUSINESS: Indian River Cellular |
| Date of Alarm | Code Section | Bldg. Type | False Alarm # | Total Due |
| 12/27/2019 | 14-24 Excessive False Alarm Signals | Commercial | 7 | $300.00 |
| 01/01/2020 | 14-24-Excessive False Alarm Signals | Commercial | 8 | $500.00 |
| 01/03/2020 | 14-24 Excessive False Alarm Signals | Commercial | 9 | $500.00 |
| 01/03/2020 | 14-24 Excessive False Alarm Signals | Commercial | 10 | $500.00 |
| 02/25/2020 | 14-24 Excessive False Alarm Signals | Commercial | 11 | $500.00 |
| 07/15/2020 | Hearing Remaining Balance | Commercial | $2,300.00 |
| 20-0465 CE | 138 Alma Court | McVeigh, Thomas | Heather Debevec |
| Case Initiated: | February 18, 2020 | Type of Presentation: | Regular |
| Previous Hearing Date | July 15, 2020 | Reason: | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| OWNER: Thomas McVeigh 3057 SE Darian Rd Pt. St. Lucie, FL 34952 |
TENANT: Josner Lapointe 138 Alma Ct Ft. Pierce, FL 34950 |
Section 22-187 (13) - Landscape Maintenance
Section 16-25(C) - Responsibility for Containers
Special Magistrate Ross found that the violations 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 Florida Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.
| 20-0467 CE | 1214 Boston Avenue | McVeigh, Thomas | Heather Debevec |
| Case Initiated: | February 18, 2020 | Type of Presentation: | Regular |
| Previous Hearing Date | July 15, 2020 | Reason: | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| OWNER: Thomas McVeigh 3057 Se Darien Rd Port St. Lucie, FL 34952 |
TENANT: Meriaille Marc 1214 Boston Ave Ft. Pierce, FL 34950 |
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 16-25 (C) - Responsibility for Containers
Special Magistrate Ross found that a violation does exist and that Thomas McVeigh having been provided notice and failing to appear is responsible for the violations. 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 has 30 days within which to appeal this decision to the Circuit Court.
| 20-0422 CE | 1703 Miami Court | Frangella, Anthony A | Isaac Saucedo |
| Case Initiated: | February 10, 2020 | Type of Presentation: | Recall |
| Previous hearing date |
June 10, 2020 | Result | Continued to allow the owner time to comply. |
| Previous hearing date | July 15, 2020 | Reason: | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. |
| OWNER: Anthony A. Frangella 1703 Miami Court Fort Pierce, FL 34950 |
TENANT: |
Section(s): 16-46, 16-47, 16-48 (1) (5) - Outside Storage
Section(s): 16-25 (C) - Responsibility for Containers
Section(s): 22-187 (13) - Landscape Maintenance
Special Magistrate Ross found that a violation does exist and that Anthony Frangella having been provided notice and failing to appear is responsible for the violations. Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented by the City. It is hereby ordered that the Violator be given 15 days to come into compliance or they will be fined $150.00 per day. The Violator has 30 days within which to appeal this decision to the Circuit Court.
| 20-0721 CE | 904 S 11th Street | Morales, Enoc | Heather Debevec |
| Case Initiated | March 25, 2020 | Type of Presentation: | Regular |
| OWNER: Enoc Morales 904 S 11th St Ft. Pierce, FL 34950 |
Section 22-187 (13) – Landscape Maintenance
Special Magistrate Ross found that the violations 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 Florida Statute 162.09, the Code Officer may notify her and request that a fine be entered.
| 20-0582 CE | 119 Maple Avenue | Muniz, Sonia | Heather Debevec |
| Case Initiated: | February 28, 2020 | Type of Presentation: | Regular |
| OWNER: Sonia Muniz 2210 Edwards Rd Ft. Pierce, FL 34982 |
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Special Magistrate Ross found that the violations 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 Florida Statute 162.09, the Code Officer may notify her and request that a fine be entered.
| 20-0398 CE | 1106 S Ocean Drive | Kareem, Ayesha | Heather Debevec |
| Case Initiated: | February 13, 2020 | Type of Presentation: | Regular |
| OWNER: Ayesha Kareem 5141 Hawkhurst Ave Southwest Ranches, FL 3331 |
IPMC 304.2 - Protective Treatment
Ayesha Kareem was sworn in via telephone conference. She said she needed to have the roof cleaned before she could have the house painted. She said due to the Covid 19 virus, she was very concerned about her interaction with other people. She has her elderly parents staying with her and they have all been in quarantine since January. She said the contractors for the roof were supposed to be at the house today.
Officer Debevec said she did see a roofing company at the property this morning but did not talk to them.
Code Compliance Manager Arraiz asked that the case be continued to allow Officer Debevec to go out and inspect the property.
Special Magistrate Ross, after hearing from City and the property owner continued this case until September 2, 2020.
| 20-955 CE | 1116 S 7th St | Valsaint, Frizmont | Isaac Saucedo |
| Case Initiated: | April 20,2020 | Type of Presentation: | Regular |
| OWNER: Frizmont Valsaint 4708 Palmetto Dr Fort Pierce, FL 34982 |
OCCUPIED BY: Tenant 1116 S 7th St Fort Pierce, FL 34950 |
Section 11-30 – Refrigerator/Ice Box Safety
Lee Laguere, Mr. Valsain't cousin, was sworn in. He said everything had been taken care of.
Officer Saucedo said he would have to go out and inspect the property.
Special Magistrate Ross, after hearing the City and the testimony of Mr. Laguere continued the case until August 19.
| 20-732 CE | 311 S 22nd St | Damus, Marie | Isaac Saucedo |
| Case Initiated: | March 9, 2020 | Type of Presentation: | Regular |
| OWNER: Marie Damus 1301 SW Hunnicut Ave Port Saint Lucie, FL 34953 |
OCCUPIED BY: Tenant 311 S 22nd St Fort Pierce, FL 34950 |
IPMC 304.2 Protective treatment.
IPMC 304.6 Exterior walls.
IPMC 302.7 Accessory structures.
Olin Carolla was sworn in as interpreter. Marie Damus was sworn in. She said she is working on it, but needed more time.
After the cases were heard, Ms. Damus returned to the chambers and asked to have her cases heard again. She asked for another interpreter. Overniche Dashaones, a friend, was sworn in. The case was restated and it was confirmed that Ms. Damus understood all that was presented. The Special Magistrate's ruling remained the same after the rehearing.
Special Magistrate Ross found that the violation(s) listed on the summary sheet, except for pressure washing the driveway, do exist and that Marie Damus has committed or is responsible for the violation(s). She ordered that the violator(s) have 30 days in which to obtain a permit and 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 $150.00 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.
| 20-729 CE | 311 S 22nd St | Damus, Marie | Isaac Saucedo |
| Case Initiated: | March 9, 2020 | Type of Presentation: | Regular |
| OWNER: Marie Damus 1301 SW Hunnicut Ave Port Saint Lucie, FL 34950 |
OCCUPIED BY: Tenant 311 S 22nd St Fort Pierce, FL 34950 |
Section 5-1.104.5 – Unsafe Building (covered windows)
Code Compliance Manager said there is an active condemnation case against this property. The electric box is damaged and needs to be repaired or replaced. The utility company needs this to be fixed or the power is going to be turned off.
Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Marie Damus has committed or is responsible for the violation(s). She ordered that the violator(s) have 30 days in which to obtain a permit and 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 $150.00 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.
| 20-688 CE | 311 S 22nd St | Damus, Marie | Isaac Saucedo |
| Case Initiated: | March 9, 2020 | Type of Presentation: | Regular |
| OWNER: Marie Damus 1301 SW Hunnicut Ave Port Saint Lucie, FL 34953 |
OCCUPIED BY: Tenant 311 S 22nd St Fort Pierce, FL 34950 |
Section 22-187 (13) – Landscape Maintenance
Section 16-25 (C) – Responsibility for Containers
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 11-30 – Refrigerator/Ice Box Safety
Olin Carolla was sworn in as interpreter. Marie Damus was sworn in. She said she doesn't live there. Her mother who is old lives there and she doesn't have the strength to move things, such as the garbage cans, back and forth. She will try to find someone to help do the work.
Code Compliance Manager Arraiz said they could contact Solid Waster and they would have someone help her mother.
Special Magistrate Ross found that the violation(s) listed on the summary sheet, except for Section 11-30, do exist and that Marie Damus has committed or is responsible for the violation(s). She ordered that the violator(s) have 10 days in which to obtain a permit and 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 $150.00 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.
| 19-3258 LC Appeal |
1111 Hemlock Circle | Nutt, Gordon | Peggy Arraiz Maximillion Lewis |
| Case Initiated: | December 4, 2019 | Type of Presentation: | LC/ Massey |
| Previous hearing date | July 15, 2020 | Reason | After the cases were heard, Ms. Damus returned to the chambers and asked to have her cases heard again. She asked for another interpreter. Overniche Dashaones, a friend, was sworn in. The case was restated and it was confirmed that Ms. Damus understood all that was presented. The Special Magistrate's ruling remained the same after the rehearing. |
| OWNER: Wingfield Dev Co. Gordon & Karen Nutt 4716 Joanna Garden Court Windermere, FL 34786 |
: |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
Code Compliance Manager Arraiz explained the process that takes place when the City contracts to have the work done. Each of the cases being presented by Mr. & Mrs. Nutt are the same. Because they are not here to present their case for an appeal, City is asking that the Special Magistrate deny the appeal and order the fines plus administrative fee be paid and a lien filed against the property.
Special Magistrate Ross denied the appeal and found that Wingfield Dev Co, % Gordon and Karen Nutt were responsible for the violations and ordered to pay the amount of the citation $275.00 plus the $100.00 administrative fee for a total of $375.00. She also ordered a lien be filed against the property.
| 19-3256 LC Appeal |
1117 Hemlock Circle | Nutt, Gordon | Peggy Arraiz Maximillion Lewis |
| Case Initiated: | December 4, 2019 | Type of Presentation: | LC / Massey |
| Previous hearing date | July 15, 2020 | Reason: | Due to Covid 19 events and respondent was not present. |
| OWNER: Wingfield Dev. Co. Gordon & Karen Nutt 4716 Joanna Garden Court Windermere, FL 34786 |
TENANT : |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance.
Special Magistrate Ross denied the appeal and found that Wingfield Dev Co, % Gordon and Karen Nutt were responsible for the violations and ordered to pay the amount of the citation $350.00 plus the $100.00 administrative fee for a total of $450.00. She also ordered a lien be filed against the property.
| 19-3257 LC Appeal |
1115 Hemlock Circle | Nutt, Gordon | Peggy Arriz Maximillion Lewis |
| Case Initiated: | December 4, 2019 | Type of Presentation: | LC / Massey |
| Previous hearing date | July 15, 2020 | Reason: | Due to Covid 19 events and respondent was not present. |
| OWNER: Wingfield Dev Co. Gordon & Karen Nutt 4716 Joanna Garden Court Windermere, FL 34786 |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
Special Magistrate Ross denied the appeal and found that Wingfield Dev Co, % Gordon and Karen Nutt were responsible for the violations and ordered to pay the amount of the citation $250.00 plus the $100.00 administrative fee for a total of $350.00. She also ordered a lien be filed against the property.
| 19-3260 LC Appeal |
1113 Hemlock Circle | Nutt, Gordon | Peggy Arraiz Maximillion Lewis |
| Case Initiated: | December 4, 2019 | Type of Presentation: | LC / Massey |
| Previous hearing date | July 15, 2020 | Reason: | Due to Covid 19 events and respondent was not present. |
| OWNER: Wingfield Dev Co. Gordon & Karen Nutt 4716 Joanna Garden Court Windermere, FL 34786 |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
Special Magistrate Ross denied the appeal and found that Wingfield Dev Co, % Gordon and Karen Nutt were responsible for the violations and ordered to pay the amount of the citation $275.00 plus the $100.00 administrative fee for a total of $375.00. She also ordered a lien be filed against the property.
| 19-3261 LC Appeal |
1109 Hemlock Circle | Nutt, Gordon | Peggy Arraiz Maximillion Lewis |
| Case Initiated: | December 4, 2019 | Type of Presentation: | LC / Massey |
| Previous hearing date | July 15, 2020 | Reason: | Due to Covid 19 events and respondent was not present. |
| OWNER: Wingfield Dev Co. Gordon & Karen Nutt 4716 Joanna Garden Court Windermere, FL 34786 |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
Special Magistrate Ross denied the appeal and found that Wingfield Dev Co, % Gordon and Karen Nutt were responsible for the violations and ordered to pay the amount of the citation $275.00 plus the $100.00 administrative fee for a total of $375.00. She also ordered a lien be filed against the property.
Code Compliance Manager Arraiz said there was a new set of ordinances written in July. The Chapters were renumbered and had some new wording. The Municode has a comparison page at the back of the book which will correspond the old and new numbers.
Case #20-1438 Address: 800 Avenue C Mt. Olive Missionary Baptist Church Alarm Appeal
This is a recall from meeting of July 15, 2020. It did not get put on the agenda; however representatives of the Church was present and the case was heard.
Code Compliance Manager Arraiz explained the alarm charges and the appeal. The reason for the appeal was that the notices were sent to the wrong address. She presented an email to the witness with the information about registering the alarm. Therefore, it was the Church's responsibility to ensure the alarm is properly registered with Cry Wolf. Special Magistrate admitted the email as City's composite 1. Mrs. Arraiz said the requirement for the alarm owner to supply the registration is now up to date. Staff's recommendation is to deny the appeal because they did not dispute the false alarm, simply the timing of the invoices.
Staff does understand this is a non-profit organization and recommends giving them a significant time frame to pay the fines.
Donna Barnes was sworn in. She said it was not their fault that they didn't get the notice in a timely manner. She was under the opinion they should have the charges reduced at least by half. She said she applied for the education building but not for the church. The address has been fixed and there has been no more alarms at this time. She said they had ADT go back and look at the history and as of July 2019 there were only two calls and the police were called and told not to come out.
Special Magistrate Ross found that the violations do exist and Mt. Olive Missionary Baptist Church is responsible for the violations. She waived $1000.00 and the balance of $980.00 is payable within 12 months. They can set up a payment plan with Cry Wolf.
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk