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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, DECEMBER 2, 2020.
 
1.
CALL TO ORDER:
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:

Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Chad Dawson - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Paul Bertram - Parks & Grounds Manager
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
20-1096 CE 111 N 14th St Houston, David E Isaac Saucedo
 
Case Initiated: May 05, 2020 Type of Presentation: CONTINUED BY STAFF
 
OWNER:
David E Houston
Wanda Houston
1814  N 47th St
Fort Pierce, Fl 34947
 

Section 22-67 (E)(5) – Outside Storage-Commercial
Sec. 9-16 (A) – Imposed.
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
 
2.
20-1291 CE 425 N 14th Street Ermith Lazare Chad Dawson
 
Case Initiated: June 9, 2020 Type of Presentation: COMPLIED
 
OWNER:
Ermith Lazare
3406 Menendez Avenue
Fort Pierce, FL 34947
TENANT:
Justin L Maheuron
425 N 14th Street Apt 2
Fort Pierce, FL 34950
  TENANT:
Karry A Louis Jeune
425 N 14th Street Apt 1
Fort Pierce, FL 34950

Sec. 16-46. - Maintenance of nuisance on property prohibited / Sec. 16-48 – Nuisance as a Condition
Section 22-67 (B)(5) – Fence Maintenance – Permit Required
 
3.
20-0362 CE 416 N 21st St Wynn, Gary A (EST) Maximillion Lewis
 
Case Initiated: February 25, 2020 Type of Presentation: CONTINUED BY STAFF
 
OWNER:
Gary A Wynn (EST)
416 N 21st ST
Ft. Pierce, Fl 34950
 

IPMC 304.2 Protective Treatment
 
4.
20-1988 BTR 3269 Oleander Ave B9 Offer Up Auto Sale & Repair Isaac Saucedo
 
Case Initiated: September 16, 2020 Type of Presentation: PULLED BY STAFF
 
BUSINESS OWNER:
Offer Up Auto Sales & Repair 
3269 Oleander Ave B9
Fort Pierce, FL 34989
OWNER:
Oleander Business Park LLC
2754 Pinehurst Drive
Weston, Fl 33332
REGISTERED AGENT:
Marc Smngr Pechter
2754 Pinehurst Drive
Weston, Fl 33332
 

Section 9-16 (A) – Imposed
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
 
5.
20-1058 CE 1400 Binney Drive Phillips, Corliss 
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: May 1, 2020 Type of Presentation: CONTINUED BY STAFF
First hearing October 1, 2020 SM continued this case until November 4, 2020.
Second hearing November 4, 2020 Owner is working on correcting.  SM continued case until December 2, 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.
20-2331 CT Jaycee Park Tucker, Veronica Heather Debevec
 
Case Initiated: October 10, 2020 Type of Presentation: Appeal
 
OWNER:
Veronica Tucker
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
9117PK 34-35(L) Parking Regulation
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 # 9117 on October 10, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  After confirming the respondent has seen the photos, Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1. 

Veronica Tucker was sworn in.  She said she was supposed to be at a function and she was responsible for the food.  She said it was getting ready to rain and she didn't see the sign.  When she came to leave she thought the plastic bag on her car window was an advertisement.  She took it down and threw it in her car.  She didn't know about it until another person attending the function called and asked her about it.
 

The Special Magistrate finds that a violation does exist and that Veronica Tucker is ordered to pay the amount on the citation $50.00 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.

 
B.
20-2027 CT Jaycee Park Martinez, Waleska Heather Debevec

Case Initiated:  September 5, 2020 Type of Presentation: Regular

OWNER:
Waleska Martinez

 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
9110PK 34-35(O) Parking Prohibited $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 # 9110 on September 5, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  After confirming the respondent saw the photos, Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.

Waleska Martinez was sworn in.  She provided photos showing no signs saying parking prohibited.  They were entered as Respondents composite 1.  She said she parked by the sail club parking area.  There were other cars there also, but when she got back to her car she was the only one there.

Officer Debevec said the road she drove down was an access road used for maintenance.  It's a grassy area, not a parking area.
 

The Special Magistrate finds that a violation does exist and that Veronica Tucker is ordered to pay the amount on the citation $50.00 within 60 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.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
20-2414 CE 1928 Eucalytpus Avenue Smith, Marvin Heather Debevec

Case Initiated:  October 30, 2020 Type of Presentation: Regular

OWNER:
Marvin Smith
1928 Eucalyptus Avenue
Ft. Pierce, FL 34949 
 

Sectio 123-64 (a), 123-1 - 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 # 20-2414 on October 30, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  After confirming the respondent had seen the photos,  Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1.

Marvin Smith was sworn in.  He said the banyan trees were damaging his house and fence.  It was like a jungle.  He didn't know he needed a permit until he received a letter from the City.

Paul Bertram, Parks & Grounds Manager, said he received a call from a neighbor.  When they got there he had already cut the trees down.  Because the trees were already cut down and removed, they had to use the standard measurements of size to determine the proposed fines.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Marvin Smith has committed or is responsible for removing the trees without a permit. She ordered that the fines be reduced to $750.00 payable to the City of Fort Pierce Tree Fund within 30 days. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
B.
20-1293 427 N 14th Street Foundation LLC Chad Dawson
 
Case Initiated:  June 9, 2020 Type of Presentation: Regular
 
OWNER:
Foundation LLC
2676 SW 129th Ter
Miramar, FL 33027
REGISTERED AGENT:
Marlex Property Management, LLC
2676 SW 129 Terrance
Miramar, FL 33027
TENANT:
Tanard S Johnson
429 N 14th Street Apt A
Fort Pierce, FL 34950
 
TENANT:
Amanda M Oyarzabal
427 N 14th Street Front
Fort Pierce, FL 34950
 
  TENANT:
Christy D Harris
427 N 14th Street Apt B
Fort Pierce, FL 34950

Sec. 16-46. - Maintenance of nuisance on property prohibited / Sec. 16-48 – Nuisance as a Condition
Section 22-67 (B)(5) – Fence Maintenance – Permit Required
Code Officer 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 # 20-1293 on June 9, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation.  After confirming the respondent had seen the photos, Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as City’s composite 1.  Officer Dawson said this is not an ordinary fence case, the fence is blocking the City's alley way.

Christopher and Meredith Patterson were sworn in.  Mr. Patterson said the alley way is to a dead end street. They blocked this area because of the illegal activity going on back there.  He had to take care of his tenants' safety.  He does not want to remove the fence.  He has contacted the police but nothing has been done.  He has submitted an application for the permit but the City has to have the survey, which is backlogged due to Covid.

Officer Dawson said it was a complaint from the next street over.  He emailed Mr. Patterson in July saying we would work with him but received no response.  The fence was put up without a permit.  He needs to remove the fence until the abandonment process has been completed.  They can then apply for another permit to put up a fence.
 

Special Magistrate Ross found that the violations listed on the summary sheet do exist and that Foundation LLC has committed or is responsible for the violations. She ordered the fence be removed within 48 hours and he has 20 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 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.

 
C.
20-1897 CE 1015 Mayflower Rd Dorleans, Marianne  Isaac Saucedo
 
Case Initiated: August 25, 2020 Type of Presentation: Regular
 
OWNER:
Marianne Dorleans
1015 Mayflower Rd
Fort Pierce, FL 34950
 

Section 24-19, 24-20, 24-21(1)(5) – Nuisance as an object / Outside storage
Section 24-19, 24-20, 24-21(11) – Nuisance as an object / Outside storage-indoor furniture
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 # 20-1897 on August 25, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation.  After confirming the respondent had seen the photos, Assistant City Attorney Earley requested the photos be admitted as composite Exhibit 1.   Special Magistrate admitted them as composite Exhibit 1. 

Novenson Maxine, property owner's son, was sworn in.  He said he's working on it, but he's the only one doing the work.  His mother is in the hospital and he just needs more time. 
 

The Special Magistrate continued this case until January 6, 2021.

 
D.
20-0459 CE 130 Alma Court Orange Ave Land Co LLC
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: February 18, 2020 Type of Presentation: Regular
 
OWNER:
Orange Ave Land Co LLC
250 S Central Blvd Ste 205
Jupiter, FL 33458 
TENANT:
Victor Lopez
130 Alma Ct B
Ft. Pierce, FL 34950 
TENANT:
William Snyder
130 Alma Ct A
Ft. Pierce, FL 34950
REGISTERED AGENT:
Louis Pfeffer
250 S Central Blvd Ste 205
Jupiter, FL 33458

IPMC 304.2 Protective Treatment
Louis Pfeffer appeared by telephone. He was sworn in by the Clerk.

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 initiated Case #20-0459 on February 18, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  After confirming the respondent received the photos, Assistant City Attorney Earley requested the photos be admitted as City's composite 1.   Special Magistrate admitted them as City's composite 1.

Louis Pfeffer said he received the notice on 11/20/2020.  He's not ready to present his case.  He requested the officer call him and advise him what needs to be done.  There's ongoing problems with the trash cans and outside storage. The Covid 19 pandemic does not allow him to make any evictions.

Special Magistrate Ross reminded him that the case in front of her is for painting the banister and pressure washing the sidewalk and porch area.
 

The Special Magistrate found that the violations listed on the summary sheet do exist and that Orange Avenue Land Co LLC has committed or is responsible for the violations. She ordered that the violator has 20 days in which to comply with the City's Code of Ordinances. 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 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
15-0532 LR 1211 N 19th Street Dampier, Arndrea S Margaret Arraiz
 
Case Initiated: April 8, 2015 Type of Presentation: Lien Reduction
 
CURRENT OWNER:
Arndrea S Dampier
1211 N 19th Street
Ft. Pierce, FL 34950
PREVIOUS OWNER:
Annie J McGriff (Est)
1211 N 19th Street
Ft. Pierce, FL 34950

Section(s): 5-369 Vacant Buildings
Code Compliance Manager Arraiz read the facts of the case.  The current owner has requested to pay the reduced fines of $3,000 through the fast track option and staff is in agreement.

Arndrea S Dampier and Anthony Martinez were sworn in.  They agreed to the $3,000 and that they could pay within 30 days.
 

Special Magistrate Ross, after hearing testimony from staff and the property owner reducted the fines from $155,140.00 to $3,000.00 payable in 30 days. Failure to pay the reduced amount within the 30 days, results in the lien reverting to its original amount.

 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
 
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 Respondents failed to appear.  Due to Covid 19 the case continued until December 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
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 # 10693 on August 28, 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 Adamz Trucking 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 $50.00 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.

 
B.
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 Respondents failed to appear.  Due to Covid 19 the case continued until December 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
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 Citation #10458 on August 9, 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 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 Nicholas James Seuberling 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 $50.00 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:
10:19 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk