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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, JANUARY 6, 2021.
 
1.
CALL TO ORDER:
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Janey Vanderhorst - Code Compliance Supervisor
Heather Debevec - Code Enforcement Officer
Paul Bertram - Parks & Grounds Div. Manager
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
20-1321 CE 215 N 2nd Street Bodin PA, Gloria Roa Heather Debevec
 
Case Initiated: July 24, 2020 Type of Presentation: COMPLIED
 
OWNER:
Gloria Roa Bodin PA
90 Almeria Ave # 200
Coral Gables, FL 33134
 

IPMC 304.2 Protective Treatment
 
2.
20-1058 CE 1400 Binney Drive Phillips, Corliss 
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: May 1, 2020 Type of Presentation: PULLED BY STAFF
First hearing October 1, 2020 SM continued this case until November 4, 2020.
Secong hearing November 4, 2020 Owner is working on correcting.  SM continued case until December 2, 2020.
Third hearing December 2, 2020 Special Magistrate cont. case until January 6, 2021.
 
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
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
20-1345 CE 1706 N 18th Street Morris, Angel Heather Debevec
 
Case Initiated: June 12, 2020 Type of Presentation: Regular
First hearing January 6, 2021 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 Feb. 3, 2021.
 
OWNER:
Angel Morris
1705 N 18th St
Ft. Pierce, FL 34950 
 

Section  24-19, 24-20, 24-21 (10)(d) - Nuisance as an object / Non - operable vehicle
 
B.
20-1349 CE 1604 N 18th Street Randolph, Tommie
Randolph Sr, Curtis
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: June 12, 2020 Type of Presentation: Regular
 
OWNER:
Tommie Ranolph
Curtis Randolph Sr
1712 Avenue O
Ft. Pierce, FL 34950 
TENANT:
Julia Boston
1604 N 18th St
Ft. Pierce, FL 34950
 

Section 20-28 (C) - Responsibility for Containers
Mr. Randolph appeared by telephone. He was sworn in by the Clerk.

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 # 20-1349 on June 12, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  The photos were emailed to Mr. Randolph and he looked at them at the time of hearing.  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 present via telephone.

Curtis Randolph Sr. stated he did look at the photos.  He said no one lives there now.  The containers have been moved but then someone else pulls them back out.  Officer Debevec said all he needs to do is remove them.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Tommy Randolph and Curtis Randolph Sr has committed or is responsible for the violation(s). She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time given, a fine of $10.00 per day will be assessed for each day the violation(s) 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.
20-1348 CE 1604 N 18th Street Randolph, Tommie
Randolph Sr, Curtis
TELEPHONE HEARING
Heather Debevec
 
Case Initiated: June 12, 2020 Type of Presentation: Regular
 
OWNER:
Tommie Randolph
Curtis Randolph Sr
1712 Avenue O
Ft. Pierce, FL 34950 
TENANT:
Julia Boston
1604 N 18th St
Ft. Pierce, FL 34950
 

IPMC 304.2 Protective Treatment
Mr. Randolph appeared by telephone. He was sworn in by the Clerk.

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 # 20-1348 on June 12, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  The photos were emailed to Mr. Randolph and he looked at them at the time of hearing.  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 present via telephone.

Curtis Randolph Sr. state he did look at the photos.  He said no one lives there now. He said he would get the painting done.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Tommy Randolph and Curtis Randolph Sr has committed or is responsible for the violation(s). She ordered that the violator(s) have 30 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time given, a fine of $10.00 per day will be assessed for each day the violation(s) 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.

 
D.
20-1254 CE 1711 N 19th Street Keith, Willie
Keith, Jeniffer J
Keith, Glenn R
Heather Debevec
 
Case Initiated: May 29, 2020 Type of Presentation: Regular
First hearing January 6, 2021 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 Feb. 3, 2021.
 
OWNER:
Willie Keith
Jeniffer J Keith
Glenn R Keith
1711 N 19th St
Ft. Pierce, FL 34950 
 

Section 22-137 (13) - Landscape Maintenance
 
E.
20-1388 CE 221 Osceola Avenue Carroll. Karen Heather Debevec
 
Case Initiated:  June 19, 2020 Type of Presentation: R & D ORDER
 
OWNER:
Karen Carroll
221 Osceola Ave
Ft. Pierce, FL 34982 

 

Section 24-19, 24-20, 24-21 (1)(5) - Nuisance as an object / Outside Storage
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 # 20-1388 on June 19, 2019 and as of the date of this hearing the violation was in compliance.  She requested an Review and Determination Order from the Special Magistrate.
 

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.

 
F.
20-1389 CE 221 Osceola Avenue Carroll, Karen Heather Debevec
 
Case Initiated: June 19, 2020 Type of Presentation: R & D ORDER
 
OWNER:
Karen Carroll
221 Osceola Ave
Ft. Pierce, FL 34950 

 

IPMC 304.2 - Protective Treatment
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 # 20-1389 on June 19, 2019 and as of the date of this hearing the violation was in compliance.  She requested an Review and Determination Order from the Special Magistrate.
 

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.

 
G.
20-2662 CE 1234 S Indian River Drive Follano Jr, Gerard
Cleslinski, Sarah
Heather Debevec
Paul Bertram
 
Case Initiated: November 18, 2020 Type of Presentation: Regular
First hearing January 6, 2021 This was supposed to be a telephone conference. Case was rescheduled for February 3, 2021.
 
OWNER:
Gerard Follano Jr
Sarah Cleslinski
2657 SW Harem Cir
Port St Lucie, FL 34953 
OWNER:
Gerard Follano Jr
Sarah Cleslinski
1234 S Indian River Dr
Ft. Pierce, FL 34950 

Section 123-66 - Tree Protection and mitigation
 
H.
20-1309 CE 1610 N 18th Street McNeil, Nancy (TELEPHONE) Heather Debevec
 
Case Initiated: June 12, 2020 Type of Presentation: Regular
 
OWNER:
Nancy McNeil
1610 N 18th ST
Ft. Pierce, FL 34950 
 

Section 24-19, 24-20, 24-221 (1)(5) - Outside Storage
Nancy McNeil attended 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. Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed that she initiated Case # 20-1309 on June 12, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  The photos were delivered to Mrs. McNeil.  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 present via telephone.

Nancy McNeil said she has seen the photos. She has gotten rid of all the stuff.  Officer Debevec said this case was about removing the tarp.  She replaced it with a screen which she has to take down also.
 

The Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Nancy McNeil has committed or is responsible for the violation(s). She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time given, a fine of $50.00 per day will be assessed for each day the violation(s) 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
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned:
9:27 AM

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk