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Minutes for Special Magistrate Hearing

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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, OCTOBER 7, 2020.
 
1.
CALL TO ORDER:
9:00 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 - Chad Dawson
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
20-1769 PK
Paid		 Jaycee Park Martinez, Rodolfo Heather Debevec
 
Case Initiated:  July 28, 2020 Type of Presentation: Citation
 
OWNER:
Rodolfo Martinez 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10688PK 34-35 (O) No Parking $50.00 $0.00 $0.00 $50.00
View Agenda Item
 
2.
20-0904 CE
Cont. 30 days		 2005 Barcelona Avenue Gandy, Edward Heather Debevec
 
Case Initiated: April 17, 2020 Type of Presentation: Regular
 
OWNER:
Edward Gandy
PO Box 1212
Ft. Pierce, FL 34954 		  

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (4) – Parking on Other than Pavement
View Agenda Item
 
3.
20-1226 CE
Cont. 30 days		 2005 Barcelona Avenue Gandy, Edward Heather Debevec
 
Case Initiated:  May 29, 2020 Type of Presentation: Regular
First hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case was continued to 10/7/2020
 
OWNER:
Edward Gandy
PO Box 1212
Ft. Pierce, FL 34954		  

IPMC 304.2 - Protective treatment.
View Agenda Item
 
4.
20-0398 CE
Cont. 30 days		 1106 S Ocean Drive Kareem, Ayesha
Telephone - 508-439-1164		 Heather Debevec
 
Case Initiated: February 13, 2020 Type of Presentation: Recall / Telephone
First Hearing August 5, 2020 Respondent indicated that roof work was being completed and painting would be done when roof work was finished. Continued to 9/2/2020.
Second Hearing  September 2, 2020 Respondent has been working on the violations. SM continued case until October 7, 2020.
 
OWNER:
Ayesha Kareem
5141 Hawkhurst Ave
Southwest Ranches, FL 3331 		  

IPMC 304.2 - Protective Treatment
View Agenda Item
 
5.
20-1058 CE
Cont. 30 days		 1400 Binney Drive Phillips, Corliss  Heather Debevec
 
Case Initiated: May 1, 2020 Type of Presentation: Regular / Telephone
 
OWNER:
Corliss Phillips
1903 Plover Avenue
Ft. Pierce, FL 34949 		 TENANT:
 Patricia McGeorge
1400 Binney Drive
Ft. Pierce, FL 34949
TENANT:
Tenant
1402 Binney Drive
Ft. Pierce, FL 34949		  

IPMC 304.2 - Protective Treatment
View Agenda Item
 
6.
20-1065 CE
Complied		 1400 Binney Drive Phillips, Corliss Heather Debevec
 
Case Initiated: May 1, 2020 Type of Presentation: Regular / Telephone
 
OWNER:
Corliss Phillips
1903 Plover Ave
Ft. Pierce, FL 34949 		 TENANT:
Patricia McGeorge
1400 Binney Dr
Ft. Pierce, FL 34949 
TENANT:
Tenant
1402 Binney Dr
Ft. Pierce, FL 34949		  

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage Indoor Furniture
View Agenda Item
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
20-1277 PK Porpoise Beach Rodriguez, Brianna Heather Debevec
 
Case Initiated: May 27, 2020 Type of Presentation: Citation
First hearing


 		 October 7, 2020


 		 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/20
 
VIOLATOR:
Brianna Rodriguez
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10662PK 10-23(D) Blocking sidewalk $50.00 $0.00 $0.00 $50.00
View Agenda Item
 
B.
20-1359 PK 100 N US Highway 1 Jakab, Timothy
Jakab, Joseph		 Heather Debevec
 
Case Initiated May 9, 2020 Type of Presentation: Citation
First hearing


 		 October 7, 2020


 		 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020
 
VIOLATOR:
Timothy & Joseph Jakab		  
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10668PK 10-23(O) No Parking Area $50.00 $0.00 $.00 $50.00
View Agenda Item
 
C.
20-1445 PK Causeway Park Owl, Kalli Heather Debevec
 
Case Initiated June 13, 2020 Type of Presentation: Citation
First hearing


 		 October 7, 2020


 		 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020.
 
VIOLATIOR:
Kalli Owl
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10673PK 10-23(D) Double parked $50.00 $0.00 $0.00 $50.00
View Agenda Item
 
D.
20-1448 PK Causeway Park Carillo, Jaime Heather Debevec
 
Case Initiated:  June 14, 2020 Type of Presentation: Citation
First hearing


 		 October 7, 2020


 		 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020.
 
VIOALTOR:
Jaime Carillo		  
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10676PK 10-23(S) Parked on Right of Way $50.00 $0.00 $0.00 $50.00
View Agenda Item
 
E.
20-1531 PK Jaycee Park Cowgill, Todd Heather Debevec
 
Case Initiated: June 30, 2020 Type of Presentation: Citation
First hearing


 		 October 7, 2020


 		 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020.
 
OWNER:
Todd Cowgill 		  
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10679 PK 10-23(L) Restricted Parking $50.00 $0.00 $0.00 $50.00
View Agenda Item
 
F.
20-1182 PK Gulfstream Beach Access Deihl, Duane David Chad Dawson
 
 
Case Initiated:  May 13, 2020 Type of Presentation: Citation
First hearing

 		 October 7, 2020

 		 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020.
 
 
OWNER:
Duane David Deihl		  
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
7259PK 10-23(T) Parking over side walk $50.00 $0.00 $0.00 $50.00
View Agenda Item
 
G.
20-1539 PK Causeway Park Masterson, Robert H Isaac Saucedo
 
Case Initiated: June 27, 2020 Type of Presentation: Citation Appeal
First hearing October 7, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020.
 
OWNER:
Robert Masterson		  
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10201PK 10-23(O) Parking Prohibited $50.00 N/A N/A $50.00 (Was Paid)
View Agenda Item
 
H.
20-1439 PK Causeway Park Washington, Tanierya N Isaac Saucedo
 
Case Initiated: June 13,2020 Type of Presentation: Citation
First hearing October 7, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Cont. 11/4/2020.
 
OWNER:
Tanierya Naresha Washington		  
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
4833 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
View Agenda Item
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
 
A.
20-1180 PK Porpoise Beach Access Albujas, Daniel Heather Debevec
 
Case Initiated: May 13, 2020 Type of Presentation: Citation
First hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 
case was continued
Second hearing October 7, 2020 Order issued.
 
OWNER / Violator
Daniel Albujas		 VIOLATION(S):
Handicap Parking
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10655PK 10-23(Q) Parking Regulation $250.00 $0 $0 $250.00
View Agenda Item
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 # 20-0080 on May 13, 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 City’s composite 1.   Special Magistrate admitted them as City’s composite 1.  The respondent was not present.
 

The Special Magistrate finds that a violation does exist and that Daniel Albujas 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 $250.00. The $10.00 administrative fees and $18.00 late fee were waived. Failure to pay the total amount due of $250.00 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.
20-766 CE 712 N 20th St. Avi Edri & Michael Adry Chad Dawson
 
Case Initiated: March 17, 2020 Type of Presentation: Regular
First hearing September 2, 2020 Respondent failed to appear.  Due to Covid-19 case continued till October 7, 2020
Second hearing October 7, 2020 Order issued.
 
OWNER:
Avi Edri
Michael Adry
712 N 20th Street
Fort Pierce, FL 34950		  

IPMC 304.2 Protective treatment.
IPMC 304.1 Exterior structure – General.
IPMC 304.13 Window, skylight and door frames.
IPMC 302.7 Accessory structures.
View Agenda Item
Code Enforcement Officer Dawson read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he initiated Case # 20-766 on March 17, 2020. Photos were presented and entered as City's composite exhibit 1.  The respondent was not present.  
 

The Special Magistrate found that a violation does exist and that Avi Edri & Michael Adry 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.

 
C.
20-769 CE 712 N 20TH Street Avi Edri & Michael Adry Chad Dawson
 
Case Initiated: March 17, 2020 Type of Presentation: Regular
First hearing September 2, 2020 Respondent failed to appear.  Due to Covid-19 case continued till October 7, 2020.
Second hearing October 7, 2020 Order issued.
 
OWNER:
Avi Edri
Michael Adry
712 N 20TH Street
Fort Pierce, FL 34950		  

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
View Agenda Item
Code Enforcement Officer Dawson read the facts of the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he initiated Case # 20-769 on March 17, 2020. Photos were presented and entered as City's composite exhibit 1.  The respondent was not present.  
 

The Special Magistrate found that a violation does exist and that Avi Edri & Michael Adry 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.

 
D.
20-1011 CE 2308 Avenue N Anderson, Johnnie Heather Debevec
 
Case Initiated: April 24, 2020 Type of Presentation: Regular
First hearing
 		 September 2, 2020
 		 Respondent failed to appear.  Due to Covid-19 case continued till October 7, 2020.
Second hearing October 7, 2020 Order issued.
 
OWNER:
Johnnie Anderson
2308 Avenue N
Ft. Pierce, FL 34950

EMAIL: jmcdoug@hotmail.com 		 TENANT:
Wallace Davis
2308 Avenue M
Ft. Pierce, FL 34950
 
 

IPMC 304.2 - Protective treatment.
IPMC 304.1 - Exterior structure – General.
View Agenda Item
Code Enforcement Officer Debevec read the facts of the case and explained the nature of the violation. She stated IPMC 304.1 was now in compliance and asked for an order of review and determination.  IPMC 304.2 was not in compliance.  Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 20-1011 on April 24, 2020.  Photos were presented and marked as City's composite exhibit 1.  The respondent was not present.

Code Compliance Manager Arraiz said the recommendation is to obtain a permit; however, a permit is not necessary to do the remaining work.
 

The Special Magistrate found that a violation does exist for IPMC 304.2 and that Johnnie Anderson 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.

The Special Magistrate found that Section(s) IPMC 304.1 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.

 
E.
20-666 CE
Re-hearing		 1812 S 27TH ST
 		 McGathey, Katrina A &
Buccaneer Building Corp		 Chad Dawson
 
Case Initiated: March 3, 2020 Type of Presentation: Regular / Telephone
First hearing September 2, 2020 SM continued hearing to 9/16/2020
Second hearing
 		 September 16, 2020
 		 Telephone conference - no answer
Continued to October 7, 2020
 
OWNER:
Katrina A McGathey
Buccaneer Building Corp
1812 S 27TH Street
Fort Pierce, FL 34947		  

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
View Agenda Item
Code Officer Dawson presented the facts of the case and said the violations were in compliance as of this date.  He asked that an order of review and determination be issued.
 

The Special Magistrate found that the violation(s) 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.

Meeting adjourned: 9:15 am
Respectfully Submitted:
Colleen Greer
Code Enforcement Clerk