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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, OCTOBER 21, 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 Officer - Heather Debevec
Animal Control Officer - Kenny Nelson
Animal Control Officer - Ricardo Pellot
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
20-1542 PK South Causeway Park Wilson, Colleen Sharon Isaac Saucedo
 
Case Initiated: July 1, 2020 Type of Presentation: PAID
 
OWNER:
Colleen Sharon Wilson
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10204 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
 
2.
20-1482 PK South Causeway Park Bogle, Asante Omar Isaac Saucedo
 
Case Initiated: June 21, 2020 Type of Presentation: PAID
 
OWNER:
Asante Omar Bogle
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10453 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
 
3.
20-1546 PK 1826 Orange Avenue   Seidel, Karen L  Isaac Saucedo 
 
Case Initiated: June 25, 2020 Type of Presentation: PAID
 
OWNER:
Karen L Seidel 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
4843 PK 10-23(S) Prohibited Parking - Parking on City Right of Way $50.00 N/A N/A $50.00
 
4.
20-1479 PK South Causeway Park  Oswald, Allan Otto
Oswald, Roberta J 
Isaac Saucedo 
 
Case Initiated: June 21, 2020 Type of Presentation: PAID
 
OWNER:
Allan Otto Oswald
Roberta J Oswald 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10451 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
 
5.
20-1737 PK 3101 Oleander Ave  CLM Morris Trucking LLC Isaac Saucedo
 
Case Initiated: July 14, 2020 Type of Presentation: PAID
 
OWNER:
CLM Morris Trucking  LLC
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
4846 PK  10-23(S) Prohibited Parking - Parking on City Right of Way $50.00 N/A N/A $50.00
 
6.
20-327 AC 303 S 14th Street Santana, Peto Kenneth Nelson 
 
Case Initiated: February 06, 2020 Type of Presentation: RESCHEDULED
 
OWNER:
Vera Johnson

 
TENANT:
Peto Santana 
303 S 14th Street 
Ft. Pierce, Fl. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
886 AC 4-25  Animal Injury, Unlawful Killing $100.00 $10.00 $5.00 $115.00
888 AC 4-21 Running at Large $ 50.00 $10.00 $5.00 $ 65.00
889 AC 4-27 Rabies Vaccination $100.00 $10.00 $5.00 $115.00
890 AC 4-50 Registration Required $250.00 $ 10.00 $5.00 $265.00
  TOTAL DUE                                          $560.00
 
7.
20-626 AC 2608 Avenue N Adams, Robert Ricardo Pellot 
 
Case Initiated:  March 18, 2020 Type of Presentation:  COMPLIED
 
OWNER:
Annie Pearl Reynolds

 
TENANT:
Robert Adams
2608 Avenue N
Ft. Pierce, Fl. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
769 AC 4-27 Rabies Vaccination Required $100.00 $10.00 $5.00 $115.00
770 AC 4-50 Registration Required $250.00 $10.00 $5.00 $265.00
  TOTAL DUE                                          $380.00
 
8.
20-795 AC  1406 Havana Avenue Hernandez, Jose Kenneth Nelson 
 
Case Initiated:  April 16, 2020 Type of Presentation:  PAID
 
OWNER:
Teodoro Hernandez
"HACHI"
 
TENANT:
Jose Hernandez
1406 Havana Avenue
Fort Pierce, FL. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
 378 AC 4-25 Animal Injury Unlawful Killing $100.00 $10.00 $5.00 $115.00
 379 AC 4-21 Running at Large $50.00 $10.00 $5.00 $65.00
 381 AC 4-50 City Registration Required $250.00 $10.00 $5.00 $265.00
383 AC 4-27 Rabies Vaccination Required $100.00  $10.00 $5.00 $115.00
      TOTAL DUE $560.00
 
9.
20-826 AC 1406 Havana Avenue Hernandez, Jose Kenneth Nelson 
 
Case Initiated:  April 16, 2020 Type of Presentation:  PAID
 
OWNER:
Teodoro Hernandez
"OLIVER"
 
TENANT:
Jose Hernandez
1406 Havana Avenue
Fort Pierce, Fl. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
 380 AC 4-21 Running at Large $50.00 $10.00 $5.00 $65.00
 382 AC 4-50 City Registration Required $250.00  $10.00 $5.00 $265.00
 384 AC 4-27 Rabies Vaccination Required $100.00 $10.00 $5.00 $115.00 
      TOTAL DUE $445.00
 
10.
20-0518 CE 6737 Darter Court Steak N Shake Oper LLC Isaac Saucedo
 
Case Initiated: February 24, 2020 Type of Presentation: COMPLIED
First Hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.
 
OWNER:
Steak N Shake Oper INC
%Ryan LLC
P.O. Box 460169
Houston, TX LLC
REGISTERED AGENT:
Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301
 
MAILING ADDRESS:
107 S Pennsylvania Street  # 400
Indianapolis, IN 32301
 

IPMC 304.2 - Protective treatment.
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
20-1545 PK  1826 Orange Avenue Willie's Car Care  Isaac Saucedo
 
Case Initiated: June 25, 2020 Type of Presentation: Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Willie's Car Care
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
4841 PK 10-23(S) Parking on City Right of Way $50.00 N/A N/A $50.00
 
B.
20-1543 PK South Causeway Park  Hopkins, Ashley T Isaac Saucedo
 
Case Initiated: July 1, 2020 Type of Presentation: Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Ashley Taylor Hopkins 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10205 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
 
C.
20-1540 PK  South Causeway Park  Timmons, Joyce Marie
Hicks, T'keya Lache 
Isaac Saucedo 
 
Case Initiated: June 27, 2020 Type of Presentation: Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020
 
OWNER:
Joyce Marie Timmons
T'keya Lache Hicks
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10202 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
 
D.
20-1794 PK 3101 Oleander Avenue Torres, Juan Hector Isaac Saucedo
 
Case Initiated: July 14, 2020 Type of Presentation: Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Juan Hector Torres
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
4845 PK 10-23(S) Prohibited Parking - Parking  on City Right of Way $50.00 N/A N/A $50.00
 
E.
20-1793 PK  3101 Oleander Avenue  Williams, Leighton St Clair Isaac Saucedo
 
Case Initiated: July 14, 2020 Type of Presentation: Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Leighton St Clair Williams 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
4844 PK 10-23(S) Prohibited Parking - Parking on City Right of Way $50.00 N/A N/A $50.00
 
F.
20-1477 PK South Causeway Park Stockard, Jeffrey Allan  Isaac Saucedo
 
Case Initiated: June 21, 2020 Type of Presentation: Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Jeffrey Allan Stockard 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10456 PK 10-23(O) Prohibited Parking $50.00 N/A N/A $50.00
 
G.
20-814 AC 2819 Oleander Blvd Boston, Latonia  Ricardo Pellot 
 
Case Initiated:  April 16, 2020 Type of Presentation: AC Citation 
First Hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
 Willie Boston
"PRINCESS"
 
TENANT:
Latonia Boston
2819 Oleander Blvd
Fort Pierce, FL. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
428 AC 4-20 Public Nuisance $50.00 $10.00 $5.00 $65.00
430 AC 4-21 Running at Large $50.00 $10.00 $5.00 $65.00
432 AC 4-27 Rabies Vaccination Required $100.00 $10.00 $5.00 $115.00
434 AC 4-50 Registration Required  $250.00 $10.00 $5.00 $265.00
      TOTAL DUE $510.00
 
H.
20-813 AC  2819 Oleander Boulevard Boston, Latonia  Ricardo Pellot 
 
Case Initiated: April 16, 2020 Type of Presentation:  AC Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Willie Boston
"JAKE"
 
TENANT:
Latonia Boston
2819 Oleander Boulevard
Ft Pierce, Fl. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
 427 AC 4-20 Public Nuisance  $50.00 $10.00 $5.00 $65.00
 429 AC  4-21 Running at Large $50.00 $10.00 $5.00 $65.00
 431 AC 4-27 Rabies Vaccination Required $100.00 $10.00 $5.00 $115.00
 433 AC 4-50 Registration Required  $250.00 $10.00 $5.00 $265.00
  TOTOL DUE                                          $510.00
 
I.
20-721  AC 1333 Peppertree Trail, Unit A Bompartitoi, John Kenneth Nelson 
 
Case Initiated:  March 27, 2020 Type of Presentation:  AC Citation
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
Debbra L. Williams

 
TENANT:
John Bompartitoi 
1333 Peppertree Trail, Unit A 
Ft. Pierce, Fl. 34950
 
Citation # Code Section Fine Admin Fee AC Surcharge Total Due
376 AC 4-21 Running at Large $50.00 $10.00 $5.00 $65.00
  TOTAL DUE                                          $65.00
 
J.
20-847 AC 1606 Citrus Avenue Stone, Judy Ricardo Pellott 
 
Case Initiated: May 04, 2020 Type of Presentation:  AC Citation
 
OWNER:
Janet J. Chermaz
(B/W FEMALE PIT)
 
TENANT:
Judy Stone
1606 Citrus Avenue
Fort Pierce, Fl. 34950
 
Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
435 AC 4-27 (a) Rabies Vaccination Required
(2nd offence)
$200.00 $10.00 $5.00 $215.00
 436 AC 4-50 (a) Registration Required
(2nd offence - mandatory court)
$500.00 $10.00 $5.00 $515.00
441 AC 4-22 (a) (1) Animal Restraint - No Boxes or Crates  $100.00 $10.00 $5.00 $115.00
      TOTAL DUE $845.00
Animal Control Officer Pellot read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case #20-847 on May 4, 2020.  He did not have photos with him. 

Judy Stone was sworn in.  The dogs belong to her son, however, since she lives there she is the person responsible. Mrs. Stone said the officer should talk to her son, not her.  She said they had been to court in July 2019 for the first citation.  He paid the fines at that time and she thought everything was taken care of.  

Officer Pellot said the cages are considered "hot boxes".  They are a little small but they are kept clean.  No one produced evidence of rabies and registration. 

Code Compliance Manager Arraiz asked if Ms. Stone had proof of rabies and registration for the dogs.  Ms. Stone said they would have to ask her son.  She didn't know. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed within 30 days. Failure to pay the total amount prior to the expiration date of 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
K.
20-887 AC 1606 Citrus Avenue Stone, Judy Ricardo Pellot 
 
Case Initiated: May 04, 2020 Type of Presentation:  AC Citation
 
OWNER:
Janet J. Chermaz
(Black Female Pit)
 
TENANT:
Judy Stone
1606 Citrus Avenue
Fort Pierce, Fl. 34950
 
Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
437 AC 4-27(a) Rabies Vaccination Required
(second offense)
$200.00 $10.00 $5.00 $215.00
438 AC 4-50 (a) Registration Required 
(second offense - mandatory court)
$500.00 $10.00 $5.00 $515.00
442 AC 4-22 (a) (1) Animal Restraint - No Boxes or Crates  $100.00  $10.00  $5.00 $115.00
      TOTAL DUE $845.00
Code Compliance Manager Arraiz said all 3 cases were the same, only different dogs.  The 3 cases were read together and the order of violaton was ordered for each case.

Animal Control Officer Pellot read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case #20-887 on May 4, 2020.  

Judy Stone the person responsible for the dogs was made aware of each case. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed within 30 days. Failure to pay the total amount prior to the expiration date of 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
L.
20-888 AC 1606 Citrus Avenue Stone, Judy  Ricardo Pellot 
 
Case Initiated: May 04, 2020 Type of Presentation:  AC Citation
 
OWNER:
Janet J Chermaz
(B/W Male Pit)
 
TENANT:
Judy Stone
1606 Citrus Avenue
Fort Pierce, FL. 34950
 
Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
439 AC 4-27 (a) Rabies Vaccination Required
(2nd offense)
$200.00 $10.00 $5.00 $215.00
 440 AC 4-50 (a) Registration Required
(2nd offense - mandatory court)
$500.00 $10.00 $5.00 $515.00
 443 AC 4-22 (a) Animal Restraint - No Boxes or Crates  $100.00 $10.00 $5.00 $115.00
      TOTAL DUE $845.00
Code Compliance Manager Arraiz said all 3 cases were the same, only different dogs.  The 3 cases were read together and the order of violaton was ordered for each case.

Animal Control Officer Pellot read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Pellot confirmed that he initiated Case #20-888 on May 4, 2020.  

Judy Stone the person responsible for the dogs was made aware of each case. 
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed within 30 days. Failure to pay the total amount prior to the expiration date of 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
M.
20-986 AC 1609 Juanita Avenue  Ross, Lance  Kenneth Nelson 
 
Case Initiated: May 19, 2020 Type of Presentation: AC Citation
 
OWNER:
Svetlana Y Bennett
(ZEUS)
 
TENANT:
Lance Ross
1609 Juanita Avenue
Fort Pierce, FL. 34950
 
Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
385 AC 4-21 (a) Running at Large $50.00 $10.00 $5.00 $65.00
      TOTAL DUE $65.00
Animal Control Officer Nelson read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Nelson confirmed that he initiated Case #20-986 on May 19, 2020.  He said the Fort Pierce Police Department had reported the dogs being loose and asked the Animal Control to check into it.  He did not have photos.

Lance Ross and Svetlana Bennett were sworn in.  Mr. Ross said he secured the kennels and the fence. They should not be able to get out now. 

Code Compliance Manager Arraiz asked that the case be postponed until the next citations are addressed and address them all together.  
 

Special Magistrate postponed the case until further notice.

 
N.
20-993 AC 1609 Juanita Avenue Ross, Lance Kenneth Nelson
 
Case Initiated: May 19, 2020 Type of Presentation:  AC Citation
 
OWNER:
Svetlana Y Bennett
(TITAN)
 
TENANT:
Lance Ross
1609 Juanita Avenue
Fort Pierce, Fl. 34950
 
Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
386 AC 4-21 (a) Running at Large $50.00 $10.00 $5.00 $65.00
      TOTAL DUE $65.00
 

The Special Magistrate postponed this case until further notice.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
20-0970 CE 2608 S US Highway 1 Kelly (TR),  Mary
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: April 24, 2020 Type of Presentation: Regular
 
OWNER:
Mary Kelly (TR)
1102 SE Mitchell Ave #202
Port St. Lucie, FL 34952 
TENANT:
N/A

 

Section 15-3(b) – Removal of signs.
IPMC 304.2 Protective treatment.
Mary Kelly appeared by telephone. She was sworn in by the Clerk.

Code Officer Debevec read the facts of the case, presented photos, and explained the nature of the violation.  She said there has been some work done but there is still more that needs to be done.  The respondent has not seen the photos; therefore the photos were not admitted.  

Mary Kelly said the tires were removed approximately 3 weeks ago and the building has been painted.  

Code Compliance Manager Arraiz asked Ms Kelly to meet with Officer Debevec and that the case be postponed for 30 days.  This would allow Officer Debevec to inspect the property and let her know what else needs to be done.

This case is in conjunction with the following case - Case #20-883. 
 
B.
20-0883 CE 2608 S US Highway 1 Kelly (TR), Mary
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: April 24, 2020 Type of Presentation: Regular
 
OWNER:
Mary Kelly (TR)
1102 SE Mitchell Ave #202
Port St. Lucie, FL 34952 
TENANT:
 N/A

 

Section 22-187 (13) - Landscape Maintenance
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
This case is in conjunction with the prior case called - Case #20-0970.
 

Special Magistrate Pelletier postponed both Case # 20-970 and # 20-883 for 30 days.

 
C.
20-1183 CE 1123 S 7th Street Morales, TJesus J Isaac Saucedo
 
Case Initiated: May 19, 2020 Type of Presentation: Regular
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020.
 
OWNER:
T Jesus J & Maria Morales
1123 S 7th Street
Ft. Pierce, FL 34950
 

Section 11-24 – Damage to Public Property
 
D.
20-2309 CE
Appeal
200 Block N 2nd Street Reeder, Mark
Bridgen, Donna
Heather Debevec
 
Case Initiated:  October 8, 2020 Type of Presentation: Appeal
First hearing October 21, 2020 Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. Rescheduled 11/18/2020. 
 
OWNER ONE:
Mark Reeder 
OWNER TWO:
Donna Bridgen

Section 24-19, 24-20, 24-21(10)(d) – Nuisance as an object / Non-operable vehicles
 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
 
A.
20-0444 PK 2517 US Highway 1 Moody, Rohana Beth #8881  Gray
 
Case Initiated: February 3, 2020 Type of Presentation: DISMISSED BY STAFF
First hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.
 
VIOLATOR:
Rohana Beth Moody
PARKING VIOLATION:
Parking in Fire Lane
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
3117  PK 10-23 (R) Parking Regulation $50.00     $50.00
 
B.
19 -2701 PK   420 Seaway Drive - Cit 2904 Brown, Cyneetha Ann 8887  - Franklin
 
Case Initiated: October 7, 2019 Type of Presentation: DISMISSED BY STAFF
First Hearing  September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.
 
VIOLATOR: 
Cyneetha Ann Brown
PARKING VIOLATION:
Restricted Parking  - Parking After Hours
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
2904  PK 10-23 (L) Parking Regulation $50.00     $50.00

 
 
 
C.
20-1128 PK Causeway Park Campbell, Kelli Heather Debevec

Case Initiated: May 9, 2020 Type of Presentation: Citation
First Hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.

OWNER:
Kelli Campbell
 

Citation # Code Section Fine  Admin Fee Late Fee Total Due
1951CE 12-204 (A) - Parking / no parking $50.00 $.00 $.00 $50.00
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 #20-1128 on May 9, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violaton.  Assistant City Attorney Earley requested the photos be admitted as City's 1 composite and they were admitted.  The respondent was not present.
 

The Special Magistrate finds that a violaton does exist and that the Violator 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 within 30 days. Failure to pay the total amount of $50.00 within 30 days will result in the case being turned over to the St. Lucie County Court and an addditonal fee may be charged.

 
D.
19-3066 AC 4326 Gator Trace Circle Morine, Crystal Kenneth Nelson
 
Case Initiated: November 07, 2019 Type of Presentation:  AC Citation
First Hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.
 
OWNER:
Harvey A Macivor

 
TENANT:
Crystal Morine
4326 Gator Trace Circle
Fort Pierce, FL. 34982
 
Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
866 AC 4-24 (b) Failure to Provide Food, Shelter and Medical Care 20 @ $250.00 $10.00 $5.00 $5,015.00
867 AC 4-30 (a) Number of Animals Limitation 15 @ $100.00 $10.00  $5.00 $1,515.00
      TOTAL DUE $6,530.00
Animal Control Officer Nelson read the facts of the case and explained the nature of the violation.  He presented photos.  Through questioning by Assistant City Attorney Earley, Officer Nelson confirmed that he initiated Case #19-3066 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 1 composite.  The respondent was not present.

Officer Nelson said the place was filthy with feces all over the house.  There was multiple cats involved. 

Code Compliance Manager Arraiz confirmed the filth and condition of the propery.  She said there was no food, no water, and feces all over.  Roaches and other bugs running around everywhere.  They collected 20 cats that day.
 

Special Magistrate finds that a violation does exist and that Crystal Morine 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 total amount on the citation as listed 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.
19-3105 AC 1402 Georgia Avenue Rosario, Zulma Kenneth Nelson 

Case Initiated:  November 13, 2019 Type of Presentation:  AC Citation
First Hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.

OWNER:
Jose Luis Padilla 

 
TENANT:
Zulma Rosario
1402 Georgia Avenue
Ft. Pierce, FL. 34950

Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
868 AC 4-21 (a) Running at Large 2 @ $50.00 $10.00 $5.00 $115.00
869 AC 4-27 (a) Rabies Vaccination Required 3 @ $100.00 $10.00 $5.00 $315.00
870 AC 4-50 (a) Registration Required 3 @ $250.00 $10.00 $5.00 $765.00
      TOTAL DUE $1,195.00
Animal Control Officer Nelson read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Nelson confirmed that he initiated Case #19-3105 on November 13, 2019.  He did not have photos of dogs running loose.

Zulma Rosario was sworn in.  She said her dogs are not the only ones running loose.  The neighbors complain about her dogs all the time.  

Officer Nelson said she turned the dogs in.  

Code Compliance Officer Arraiz said they would request the Citations 869 and 870 be waived.
 

Based on testimony from Staff, the Special Magistrate waived citations #869 and #870. The Special Magistrate found citation #868 does exist and the violators are ordered to pay the amount on the citation number listed within 30 days. Failure to pay the total amount of $115.00 will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
F.
20-0007 AC 1402 Georgia Avenue Rosario, Zulma Kenneth Nelson 

Case Initiated: January 03, 2020  Type of Presentation:  AC Citation
First Hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.

OWNER:
Jose Luis Padilla

 
TENANT:
Zulma Rosario
1402 Georgia Avenue
Ft. Pierce, FL. 34950

Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
878 AC 4-21 (a) Running at Large $100.00 $10.00 $5.00 $115.00
      TOTAL DUE $115.00
Animal Control Officer Nelson read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Nelson confirmed that he initiated Case #20-0007 on September 16, 2020.  He said this was a repeat violator with the same dogs involved.  The dogs have been turned in.
 

Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation #878 within 60 days. Failure to pay the total amount of $115.00 within the 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

 
G.
19-3286 AC 221 Osceola Avenue Sue, Carroll Ricardo Pellot 

Case Initiated: December 04, 2019 Type of Presentation:  AC Citation
First Hearing September 16, 2020 Respondent failed to appear.  Due to Covid-19 case continued until October 21, 2020.

OWNER:
Karen S. Sue 

 
TENANT:
Carroll Sue
221 Osceola Avenue
Ft. Pierce, FL. 34982

Citation # Code Section Fine / Counts Admin Fee AC Surcharge Total Due
759 AC 4-27(a) Rabies Vaccination Required $100.00 $10.00 $5.00 $115.00
760 AC 4-50 (a) Registration Required $250.00 $10.00 $5.00 $265.00
761 AC 4-21 (a) Running at Large $50.00 $10.00 $5.00  $65.00
762 AC 4-22 (a) (5)Animal Restraint-Tethering $250.00 $10.00 $5.00 $265.00
      TOTAL DUE $710.00
Animal Control Officer Pellot read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley Officer Pellot confirmed that he initiated Case #19-3286 on December 4, 2019.  The respondent was not present. 
 

Special Magistrate finds that a violation does exist and that Carroll Sue 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 total amount on the citation as listed 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.

Meeting adjourned: 10:00 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk