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 16, 2020.
1.
CALL TO ORDER:
9:00 am
9:00 am
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Chad Dawson - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Shaun Coss - Building Department Coordinator
Margaret Arraiz - Code Compliance Manager
Chad Dawson - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Shaun Coss - Building Department Coordinator
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 20-2410 CE | 5550 Okeechobee Road | 7978 Associates IX LLC | Chad Dawson |
| Case Initiated: | October 20, 2020 | Type of Presentation: | PULLED BY STAFF |
| OWNER: 7978 Associates IX LLC 7978 Cooper Creek Blvd University Park, FL 34201 |
TENANT: StarBucks 5550 Okeechobee Road Fort Pierce, FL 34950 |
| REGISTERED AGENT: Alicia H Gayton 7978 Cooper Creek Blvd University Park, FL 34201 |
Sec. 119-8. - Maintenance of stormwater facilities.
2.
| 20-1981 PK | South Causeway Park | PV Holding Corp | Chad Dawson |
| Case Initiated: | August 30, 2020 | Type of Presentation: | PULLED BY STAFF |
| First hearing | November 18, 2020 | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. | |
| OWNER: PV Holding Corp |
LIEN HOLDER: The Bank of New York Mellon Trust Company |
| Citation # | Code Section | Fine | Admin Fee | Late Fee | Total Due |
| 7160PK | 34-35 Parking on Right of Way (S) | $50.00 | $0.00 | $0.00 | $50.00 |
3.
| 20-2674 CT | 7045 Okeechobee Road | McKnight, William D & Kathryn A | Chad Dawson |
| Case Initiated: | October 14, 2020 | Type of Presentation: | Citation |
| First hearing | December 16, 2020 | STIPULATION SIGNED |
| OWNER: William D McKnight Kathryn A McKnight Po Box 1110 Brandon, FL 33509 |
REGISTERED AGENT: Benny Golan 701 SE 16th Street Unit 3 Fort Lauderdale, FL 33316 |
| VIOLATOR: Flamingo Mini Mart Inc 7045 Okeechobee Road Fort Pierce, FL 34950 |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Total Due |
| CE 1552 - 1569 | Chapter 22 - Failure to obtain Business Tax Receipt | 18 @ $100.00 | $1.800.00 | $0.00 | $0.00 |
| CE 1571 | Chapter 22 - Failure to obtain Business Tax Receipt | 1 @ $100.00 | $ 100.00 | $0.00 | $0.00 |
| CE 1626 - 1634 | Chapter 22 - Failure to obtain Business Tax Receipt | 9 @ $100.00 | $ 900.00 | $0.00 | $0.00 |
| CE 1651 - 1685 | Chapter 22 - Failure to obtain Business Tax Receipt | 35 @ $100.00 | $3,500.00 | $0.00 | $0.00 |
| CE 1726 - 1750 | Chapter 22 - Failure to obtain Business Tax Receipt | 25 @ $100.00 | $2,500.00 | $0.00 | $0.00 |
| CE 1809 | Chapter 22 - Failure to obtain Business Tax Receipt | 1 @ $100.00 | $ 100.00 | $0.00 | $0.00 |
| CE | Chapter 22 - Failure to obtain Business Tax Receipt | 10 @ $100.00 | $1,000.00 | $0.00 | $0.00 |
| $ 9,900.00 |
4.
| 20-0970 CE | 2608 S US Highway 1 | Kelly (TR), Mary TELEPHONE |
Heather Debevec |
| Case Initiated: | April 24, 2020 | Type of Presentation: | Regular |
| First hearing | October 07, 2020 | Respondent was contacted via telephone. Special Magistrate cont. case until Nov. 04, 2020. | |
| Second hearing | November 4, 2020 | Case continued until December 16, 2020. | |
| Third hearing | December 16, 2020 | Case continued until January 20, 2021 | |
| 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.
5.
| 20-0883 CE | 2608 S US Highway 1 | Kelly (TR), Mary TELEPHONE |
Heather Debevec |
| Case Initiated: | April 24, 2020 | Type of Presentation: | Regular |
| First hearing | October 7, 2020 | Respondent was contacted via telephone. Special Magistrate cont. case until Nov. 04, 2020. | |
| Second hearing | November 4, 2020 | Continued until December 16, 2020. | |
| Third hearing | December 16, 2020 | Continued until January 20, 2021 | |
| 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
4.
PUBLIC HEARINGS - CITATIONS
5.
PUBLIC HEARINGS - VIOLATION CASES
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
A.
| 19-2390 CE Recall - Massey |
1710 Sunrise Blvd |
Toussaint, Michelot | Isaac Saucedo |
| Case Initiated: | August 22, 2019 | Type of Presentation: | RECALL - Massey |
| 2/5/2020 - request to SM Ross to stop fines from accruing. Request was denied. Ordered to come back in 90 days to see if owner was able to obtain financial assistance, obtain a contractor, obtain a permit and make progress on the roof repair. | |||
| 6/17/2020 - Special Magistrate continued this case until 9/16/2020. | |||
| OWNER: Michelot Toussaint Veronique Phanor 1710 Sunrise Blvd Fort Pierce, FL 34950 |
TENANT: |
IPMC 304.7 - Roofs and Drainage
Code Officer Saucedo read the facts of the case, presented photos, and explained the nature of the violation. This case is being recalled for a Massey Hearing. Assistant City Attorney Earley requested the photos be admitted as City’s composite 1. Special Magistrate admitted them as City’s composite 1. Due to the current Covid virus, Staff is agreeable to extending this case another 90 days.
Michelot Toussaint was sworn in. He said if it was up to him he would be finished by now but he's waiting for an answer from his attorney about the determination for financial assistance.
Officer Saucedo said the fines will continue to accrue and when the property is in compliance he can come back and ask for a reduction.
Michelot Toussaint was sworn in. He said if it was up to him he would be finished by now but he's waiting for an answer from his attorney about the determination for financial assistance.
Officer Saucedo said the fines will continue to accrue and when the property is in compliance he can come back and ask for a reduction.
Special Magistrate extended the case for another 90 days.
B.
| 20-0529 MH | 1908 Oleander Blvd. | Ramirez, Vilma Puentes, Zacarias Mendoza |
Chad Dawson |
| Case Initiated: | February 25, 2020 | Type of Presentation: | Massey |
| First hearing | December 16, 2020 | Continued for January 2021 |
| OWNER: Vilma Ramirez Zacarias Mendoza Puentes 1908 Oleander Boulevard Ft. Pierce, FL 34950 |
TENANT: |
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz stated that we anticipated the owner to appear and we have been in communication with her. She requested the hearing be reset for January 2021.
Special Magistrate Pellitier continued the hearing until January 2021.
C.
| 19-1470 Bldg MH | 428 N 20th Street | Randolph, Curtis TELEPHONE HEARING |
Shaun Coss |
| Case Initiated: | June 11, 2019 | Type of Presentation: | Massey |
| OWNER: Curtis Randolph 7807 Sebastian Road Ft Pierce, FL 24951 |
OCCUPIED BY: |
IPMC 304.7 Roofs and Drainage
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 604.3 Electrical System Hazards
IPMC 304.2 Protective Treatment
Mr. Curtis Randolph appeared by telephone and was sworn in by the Clerk.
Building Department Coordinator Coss read the facts of the case and reviewed the 3 criteria. Staff recommends reducing the fines from $1,278.62 to $578.62 payable in 30 days.
Curtis Randolph stated he was requesting the fines be waived; however, he was in agreement to the reduction.
Building Department Coordinator Coss read the facts of the case and reviewed the 3 criteria. Staff recommends reducing the fines from $1,278.62 to $578.62 payable in 30 days.
Curtis Randolph stated he was requesting the fines be waived; however, he was in agreement to the reduction.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $1,378.62 to $578.62 payable in 30 days. If not paid within this time period, the fines would revert to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.
D.
| 19-2386 Bldg MH | 1604 N 18th Street | Randolph, Tommie & Curtis TELEPHONE HEARING |
Shaun Coss |
| Case Initiated: | August 22, 2019 | Type of Presentation: | Massey |
| OWNER: Tommie Randolph Curtis Randolph 1712 Avenue O Ft Pierce, FL 34950 |
OCCUPIED BY: |
IPMC 304.7 Roofs and Drainage
IPMC 305.3 Interior Surfaces
IPMC 304.13.1 Glazing
IPMC 605.2 Electrical Receptacles
Section 5-1.105.1 Permit Required
Mr. Randolph appeared by telephone. He was sworn in by the Clerk.
Building Department Coordinator Coss read the facts of the case and said Mr. Randolph was requesting an extension of time.
Curtis Randolph requested 90 days to finish up the violations.
Mr. Coss said Staff was agreeable to the 90 days, but if it wasn't in compliance within this time the fines would be restarted.
Building Department Coordinator Coss read the facts of the case and said Mr. Randolph was requesting an extension of time.
Curtis Randolph requested 90 days to finish up the violations.
Mr. Coss said Staff was agreeable to the 90 days, but if it wasn't in compliance within this time the fines would be restarted.
Special Magistrate issued an order for extension of time of 90 days and if not in compliance by the end of 90 days the fines would be restarted.
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
A.
| 18-0093 LR | 135 N 15th Street | JBM Properties TELEPHONE HEARING |
Margaret Arraiz |
| Case Initiated: | January 10, 2018 | Type of Presentation: | Lien Reduction |
| PREVIOUS OWNER: Stacee Lam 135 N 15th Street Ft. Pierce, FL 34950 |
CURRENT OWNER: JBM Properties LLC 12723 Ashley Falls Drive San Diego, FL 92130 |
IPMC 302.7 Accessory Structure
IPMC 304.2 Protective Treatment
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz read the facts of the case. She said the current owner submitted a request to reduce the lien in the amount of $46,540.00 through the approved fast forward method and Staff was in agreement of accepting $3,000.00.
John Benmoshe was sworn in. He was in agreement to the $3,000.00 reduction.
John Benmoshe was sworn in. He was in agreement to the $3,000.00 reduction.
Special Magistrate Pelletier, after reviewing the 7 criteria required by Rule 17 of the Rules of Procedure, approved the lien in the amount of $46,540.00 be reduced to $3,000.00 payable in 30 days. Failure to pay the reduced amount within the time ordered, results in the lien reverting to its original amount.
8.
OTHER CASES
9.
NEW BUSINESS
10.
OLD BUSINESS
A.
| 20-1847 PK | 102 N Indian River Drive | Rucker, Morgan Nicole & Bowser, Corey Wayne | Chad Dawson |
| Case Initiated: | August 11, 2020 | Type of Presentation: | Citation |
| First hearing | November 18, 2020 | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. | |
| OWNER: Morgan Nicole Rucker Corey Wayne Bowser |
LIEN HOLDER: West Lake Financial Services |
| Citation # | Code Section | Fine | Admin Fee | Late Fee | Total Due |
| 7155PK | 34-35 Parking on City Right of Way (S) | $50.00 | $0.00 | $0.00 | $50.00 |
Code Enforcement Officer Dawson presented the case and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, Officer Dawson confirmed that he issued Citation #7155 on August 11, 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 1 composite.
The respondent was not present.
The respondent was not present.
The Special Magistrate finds that a violation does exist and that Morgan Nicole Rucker & Corey Wayne Bowser 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.
| 20-2044 CE | 1312 Atlantic Avenue | Smith (TR), Wiliiam H | Isaac Saucedo |
| Case Initiated: | September 16, 2020 | Type of Presentation: | Regular |
| First hearing | November 18, 2020 | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. | |
| OWNER: William H Smith (TR) Virginia R Smith (TR) 2440 Jernigan Road Fort Pierce, Fl 34945 |
TENANT: George A Jones 1312 Atlantic Avenue Fort Pierce, Fl 34950 |
IPMC 302.7 - Accessory structures.
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 # 20-2044 on September 16, 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 found that a violation does exist and that William H Smith (TR) 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.
Meeting adjourned:
9:34 am
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
9:34 am
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk