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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, NOVEMBER 4, 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 - Isaac Saucedo
Alarm Administrator - Jacqueline Young
Parks & Grounds Manager - Paul Bertram
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
20-1970 PK 1000 Block of DiGiorgio Avenue Manzanares, Carlos Heather Debevec
 
Case Initiated:  August 28, 2020 Type of Presentation: PAID
 
OWNER:
Carlos Manzanares
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10692PK 34-35(S) Parking on Right of Way $50.00 $0.00 $0.00 $50.00
 
2.
20-1973 PK 3000 Block of Oleander Avenue Hinds, Paulette & Rupert Heather Debevec
 
Case Initiated:  August 28. 2020 Type of Presentation: PAID
 
OWNER:
Paulette &  Rupert Hinds
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10695PK 34-35(S) Parking on Right of Way $50.00 $0.00 $0.00 $50.00
 
3.
20-2175 PK S Causeway Park Dibona, Erica Janis Isaac Saucedo
 
Case Initiated: August 23,2020 Type of Presentation: PAID
 
OWNER:
Erica Janis Dibona
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10209PK 34-35(O) Prohibited Parking $50.00 N/A N/A $50.00
 
4.
20-755 CE 908 Avenue D Khenboi Real Estate Investment LLC Chad Dawson
 
 
Case Initiated:  March 17, 2020 Type of Presentation: CONTINUED
 
OWNER:
Khenobi Real Estate Investment LLC
USS George Washington #73
FPO, AP 96650-2801
REGISTERED AGENT:
Choyau W Troutman
908 Avenue D
Fort Pierce, FL 34950

IPMC 304.2 - Protective treatment.
 
5.
20-1182 PK Gulfstream Beach Access Deihl, Duane David Chad Dawson
 
 
Case Initiated: May 13, 2020 Type of Presentation: PAID
First hearing October 7, 2020 Respondent failed to appear.  Due to Covid 19 the case continued until November 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
 
6.
20-1058 CE 1400 Binney Drive Phillips, Corliss  Heather Debevec
 
Case Initiated: May 1, 2020 Type of Presentation: CONTINUED
First hearing October 1, 2020 SM continued this case until November 4, 2020.
 
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
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
20-1971 PK 3000 Block of Oleander Avenue Adamz Trucking Heather Debevec
 
Case Initiated:  August 28, 2020 Type of Presentation: Citation
First hearing November 4, 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 12/2/2020.
 
OWNER:
Adamz Trucking 
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10693PK 34-35(S) Parking on Right of Way $50.00 $0.00 $0.00 $50.00
 
B.
20-1975 PK 3100 Block Oleander Avenue Lyles, Emmanuel Heather Debevec
 
Case Initiated:  August 28, 2020 Type of Presentation: Citation
First hearing November 4, 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 12/2/2020.
 
OWNER:
Emmanuel Lyles
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10697PK 34-35(S) Parking on Right of Way $50.00 $0.00 $0.00 $50.00
 
C.
20-1877 PK South Causeway Milton, Caitlin Marie
Linares, Loexander Longa
Isaac Saucedo
 
Case Initiated: August 16, 2020 Type of Presentation: Citation
First hearing: November 4, 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 12/2/2020.
 
OWNER:
Caitlin Marie Milton
OWNER:
Loexander Longa Linares
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10208PK 34-35(O) Prohibited Parking $50.00 N/A N/A $50.00
 
D.
20-1849 PK South Causeway Park Seuberling, Nicholas James Isaac Saucedo
 
Case Initiated: August 9, 2020 Type of Presentation: Citation
First hearing November 4, 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 for 12/2/2020.
 
OWNER:
Nicholas James Seuberling
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
10458PK 34-35(O) Prohibited Parking $50.00 N/A N/A $50.00
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
20-900 CE 1618 Mayflower Rd Ebert Jr, Richard V
Ebert, Shih Yun Tuan
Isaac Saucedo
 
Case Initiated: April 09, 2020 Type of Presentation: Regular
 
OWNER:
Richard V Ebert Jr
Shih Yun Tuan Ebert
PO Box 130
Prairie Grove, AR 72753
TENANT:



 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 304.2 Protective treatment.
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 Saucedo confirmed that he initiated Case # 20-900 on April 9, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation.  Assistant City Attorney Earley asked if the respondent had seen the photos and Officer Saucedo said yes.  She then requested the photos be admitted as City's 1 composite.   Special Magistrate admitted the photos. 

Justin Moorefield, the property manager, was sworn in.  He said he had seen the photos.  He said the tenants had left but there was still some outside storage.  He has been working on getting it cleaned up.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Richard V Ebert Jr. and Shih Yun Tuan Ebert has committed or is responsible for the violations. She ordered that the violators have 20 days in which to comply with the city code of ordinances. 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 violations 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.

 
B.
20-1328 CE 1440 N Lawnwood Circle I BIG LLC 
TELEPHONE HEARING
Maximillion Lewis
 
Case Initiated: June 17, 2020 Type of Presentation: Regular
 
OWNER:
I BIG LLC
3180 NW Arrowwood Ln
Jensen Beach, Fl
TENANT:


 

Section 22-194 - Tree protection and mitigation
Olafur Ulfarsson appeared on behalf of I BIG LLC by telehpone. He was sworn in by the clerk.

Code Enforcement Officer Lewis read the facts of the case, presented photos, and explained the nature of the violation.  Parks and Grounds Manager Bertram explained that they cut down the tree without a permit.  It was either a live oak or a laurel oak.  A photo was sent to the respondent via the city's web page.  After Mr. Ulfarsson saw the photos they were admitted as City's 1 composite.

Olafur Ulfarsson said he did not know a permit was necessary.  He assumed since it was on his property he could cut it down. The tree was damaging the fence.  He wanted to get a new fence and the fence company said the tree would need to be removed in order to put in a new fence.  
 

Special Magistrate Ross found that the violation does exist and that I Big LLC has committed or is responsible for the violation. She ordered that the fine be reduced to $1500.00 payable to the City of Fort Pierce Tree Fund and he has 90 days to pay. Failure to pay the $1500.00 within 90 days will result in the fines reverting to the original amount.

 
C.
20-1956 CE 2009 S US Highway 1 Morris Satnick FP Assoc LLC Heather Debevec
 
Case Initiated:  September 4, 2020 Type of Presentation: Regular
 
OWNER:
Morris Satnick FP Assoc LLC
350 Veterans Blvd
Rutherford, NJ 07070 
REGISTERED AGENT:
C T Corporation System
1200 S Pine Island Rd
Plantation, FL 33324 
CONTACT:
Peter Feldman
peter@peterfeldman.com
 

IPMC 304.2 - Protective Treatment
Code Officer Debevec read the facts of the case and explained the nature of the violation.  She said the case was first heard in August.  They have been working on everything but needed more time.  She did submit the original photos and after showing to the respondent they were admitted as City's 1 composite.

Code Compliance Manager Arraiz explained some of the history of the previous case.  This is a new case related to the previous case but now needs to be painted.

Peter Feldman was sworn in.  He said the previous case was that they needed to pressure wash the building to get rid of the mold.  The order did say paint the front of the building which they did do.  What they need is more time to paint the back of the building.  Covid 19 has made them lose some of their tenants.  He said the work is being done but he needs more time.  He asked for an extension to June 2021. 
 

Special Magistrate Ross continued this case for 4 months or to be heard on March 3, 2021 and show some proof of progress. At that time she would consider extending additional time.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
20-2186 AA 706 N. 17th Street Apt. B Newton Grant, Delphine Jacqueline Young

Case Initiated:  September 16, 2020 Type of Presentation: Alarm Appeal 

OWNER:
Terry Denmark

 
TENANT:
Delphine Newton Grant 
706 N. 17 th Street
Fort Pierce, Fl. 34950

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 08/17/2020 14-24 Excessive False  Residential 5 $200.00
11/04/2020 Hearing Remaining Balance      $200.00
Alarm Coordinator Young-Smith presented the case stating it was an appeal.

Delphine Newton was sworn in.  She said she was already paying for another alarm penalty.  This time she was taking her grandkids to school and she locked herself out of the house. She had to break into the house to get her keys.  The alarm went off and police department showed up. 

Code Compliance Manager Arraiz said due to the world affairs, Staff would agree to a reduction or waive the fee.   
 

Special Magistrate Ross found a violation does exist and the violator is ordered to pay a reduced fine of $50.00, payable in 30 days.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
 
A.
20-1277 PK Porpoise Beach Rodriguez, Brianna Heather Debevec

Case Initiated: May 27, 2020 Type of Presentation: Citation
First hearing October 07, 2020 Respondent failed to appear.  Due to Covid 19 the case continued until November 4, 2020.

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
Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 10662 on May 27,2020 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 the violators having been provided notice and failing to appear is responsible for the violations. Further, the Court enters a Default Summary Judgement based on the unrefuted fats as presented in the City's Affidavit. It was ordered that they pay the amount on the citation $50.00 within 60 days. Failure to pay the total amount within 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
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
Respondent failed to appear.  Due to Covid 19 the case continued until November 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
Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 10668 on May 09, 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 the violators having been provided notice and failing to appear is responsible for the violations. Further, the Court enters a Default Summary Judgement based on the unrefuted fats as presented in the City's Affidavit. It was ordered that they pay the amount on the citation $50.00 within 60 days. Failure to pay the total amount within 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
C.
20-1445 PK Causeway Park Owl, Kalli Heather Debevec

Case Initiated June 13, 2020 Type of Presentation: Citation
First hearing October 4, 2020 Respondent failed to appear.  Due to Covid 19 the case continued until November 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
Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 10673 on June 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 the violators having been provided notice and failing to appear is responsible for the violations. Further, the Court enters a Default Summary Judgement based on the unrefuted fats as presented in the City's Affidavit. It was ordered that they pay the amount on the citation $50.00 within 60 days. Failure to pay the total amount within 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
D.
20-1448 PK Causeway Park Carillo, Jaime Heather Debevec

Case Initiated: June 14, 2020 Type of Presentation: Citation
First hearing October 7, 2020 Respondent failed to appear.  Due to Covid 19 the case continued until November 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
Code Enforcement Officer Debevec presented the case and explained the nature of the violation.  Throught questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation #10676 on June 14, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  The photos were shown to the respondent.  The photos were admitted as city's 1 composite.

Jaime Carillo was sworn in.  Jaime Escavel Rosada was sworn in as interpreter.  Mr. Carillo was in agreement to pay the ticket.
 

Special Magistrate Ross said if they paid the citation within 24 hours she would dismiss the citation.

 
E.
20-1531 PK Jaycee Park Cowgill, Todd Heather Debevec

Case Initiated: June 30, 2020 Type of Presentation: Citation
First hearing October 7, 2020 Respondent failed to appear.  Due to Covid 19 the case continued until November 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
Code Enforcement Officer Debevec presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she issued Citation # 10679 on June 30, 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 the violators having been provided notice and failing to appear is responsible for the violations. Further, the Court enters a Default Summary Judgement based on the unrefuted fats as presented in the City's Affidavit. It was ordered that they pay the amount on the citation $50.00 within 60 days. Failure to pay the total amount within 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
F.
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 Respondent failed to appear.  Due to Covid 19 the case continued until November 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)
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 Saucedo confirmed that he issued citation # 10201 on June 27, 2020 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.  He paid the fine prior to sending in the appeal and now he has failed to appear for the second time.
 

Special Magistrate Ross, after the respondent failed to show for the second time, dismissed his appeal and by paying the fine prior to the appeal admits he was in violation of the parking ordinance.

 
G.
20-1439 PK Causeway Park Washington, Tanierya N Isaac Saucedo

Case Initiated: June 13,2020 Type of Presentation: Citation
First hearing October 7, 2020 Respondent failed to appear.  Due to Covid 19 the case continued until November 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
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 Saucedo confirmed that he issued citation # 4833 on June 13, 2020 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.
 

The Special Magistrate finds that a violation does exist and that the violators having been provided notice and failing to appear is responsible for the violations. Further, the Court enters a Default Summary Judgement based on the unrefuted fats as presented in the City's Affidavit. It was ordered that they pay the amount on the citation $50.00 within 60 days. Failure to pay the total amount within 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

Meeting adjourned:
10:04 AM

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk