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 20, 2021.
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
Isaac Saucedo - Code Enforcement Officer
Chad Dawson - Code Enforcement Officer
Tracy Telle - Asst. City Engineer
Margaret Arraiz - Code Compliance Manager
Isaac Saucedo - Code Enforcement Officer
Chad Dawson - Code Enforcement Officer
Tracy Telle - Asst. City Engineer
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 20-1467 CE | 5221 Okeechobee Road | Public Storage Inc | Chad Dawson |
| Case Initiated: | June 24, 2020 | Type of Presentation: | COMPLIED |
| OWNER: Public Storage INC Dept PT FL 20216 Po Box 25025 Glendale, CA 91221 |
IPMC 304.2 Protective treatment.
2.
| 20-2478 CE | 1023 Tortugas Avenue | Leon, Salvador Vargas, Oralia |
Isaac Saucedo |
| Case Initiated: | November 4, 2020 | Type of Presentation: | PULLED BY STAFF |
| OWNER: SALVADOR LEON ORALIA VARGAS 1023 TORTUGAS AVE FORT PIERCE, FL 34950 |
Section 125-315(i)(2)(b) – Commercial vehicle
3.
| 20-1692 CE | 1022 Hispana Avenue | McDonald, Wanna G | Isaac Saucedo |
| Case Initiated: | August 18, 2020 | Type of Presentation: | PULLED BY STAFF |
| OWNER: Wanna G McDonald Route 1 Box 264-A Fairmont, WV 26554 |
OTHER ADDRESS: Wanna G McDonald 1022 Hispana Avenue Ft. Pierce, FL 34950 |
Section(s): 24-19, 24-20, 24-21 (1) (5) - Nuisance as an object/Outside storage.
Section(s): 24-19, 24-20, 24-21 (4) - Nuisance as an object/Parking on other than pavement.
IPMC 304.2 - Protective treatment.
4.
| 20-1665 CE | 822 Orange Avenue | Hatfield, James | Isaac Saucedo |
| Case Initiated: | August 18, 2020 | Type of Presentation: | COMPLIED |
| OWNER: James E. Hatfield P. O. Box 1506 Ft. Pierce, FL 34954 |
TENANT: |
IPMC 304.2 - Protective treatment.
5.
| 20-1589 CE | 210 S 24th Street | Dominguez, Susanna & Juan A | Isaac Saucedo |
| Case Initiated: | July 15, 2020 | Type of Presentation: | PULLED BY STAFF |
| OWNER: Susanna & Juan A Dominguez 210 S 24th Street Ft. Pierce, FL 34950 |
TENANT: |
IPMC 3034.2 - Protective treatment.
6.
| 20-1511 CE | 408 S 24th Street | Crum, David A. | Isaac Saucedo |
| Case Initiated: | June 20, 2020 | Type of Presentation: | COMPLIED |
| OWNER: David A Crum 408 S 24th Street Ft. Pierce, FL 34950 |
TENANT: |
IPMC 304.2 - Protective treatment.
7.
| 20-0362 CE | 416 N 21st St | Wynn, Gary A (EST) | Maximillion Lewis |
| Case Initiated: | February 25, 2020 | Type of Presentation: | RESCHEDULED |
| OWNER: Gary A Wynn (EST) 416 N 21st ST Ft. Pierce, Fl 34950 |
IPMC 304.2 Protective Treatment
8.
| 20-2281 CE | 300 S 17th Street | David Realty Holdings LLC | Isaac Saucedo |
| Case Initiated: | October 07, 2020 | Type of Presentation: | COMPLIED |
| OWNER: DAVID REALTY HOLDINGS LLC 2924 SUNRISE BLVD FORT PIERCE, FL 34982 |
REGISTERED AGENT: OSWALDO D.SR BENITEZ 2429 SUNRISE BLVD FORT PIERCE, FL 34982 |
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
9.
| 20-2286 CE | 315 S 17th St | Lazare, Ermith | Isaac Saucedo |
| Case Initiated: | October 07, 2020 | Type of Presentation: | COMPLIED |
| OWNER: ERMITH LAZARE 3406 MENENDEZ AVE FORT PIERCE, FL 34947 |
TENANT: KATARSHA C MOORE 315 S 17TH ST FORT PIERCE, FL 34950 |
| TENANT: KEITH M ZIMMERMAN (REAR) 315 S 17TH ST 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
10.
| 20-0970 CE | 2608 S US Highway 1 | Kelly (TR), Mary TELEPHONE HEARING |
Heather Debevec |
| Case Initiated: | April 24, 2020 | Type of Presentation: | RESCHEDULED |
| 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 | SM Pelletier continued case until January 20, 2021 | |
| Fourth hearing | Case cont until 2/3/2021 | ||
| 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.
11.
| 20-0883 CE | 2608 S US Highway 1 | Kelly (TR), Mary TELEPHONE HEARING |
Heather Debevec |
| Case Initiated: | April 24, 2020 | Type of Presentation: | RESCHEDULED |
| 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 | SM Pelletier cont. this case until January 20, 2021. | |
| Fourth hearing | Case rescheduled 2/3/2021. | ||
| 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
A.
| 20-2290 CE | 1826 Orange Avenue | A-1 Willies Car Care Repair Shop | Isaac Saucedo |
| Case Initiated: | October 7, 2020 | Type of Presentation: | BTR |
| OWNER: Willie C Smith Jr L C Smith Pinkie Smith 1826 Orange Ave Fort Pierce, FL 34947 |
Sec. 9-16 (A) – Imposed.
Section 9-27 (B) – Doing Business without a Tax
Section 9-27 (C) - Enforcement
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 #20-2290 on October 7, 2020. He said a vehicle repair business is being run from the location.
Ms. Arraiz said they have a business tax for the wrecker service but not for the repair shop.
Willie Smith Jr. was sworn in. He said he was not running a vehicle repair shop. He's running a towing company.
Ms. Arraiz said she has had communication with Mr. Smith. The vehicles have been dismantled and she does not see repairs being made. Staff is withdrawing this case.
Ms. Arraiz said they have a business tax for the wrecker service but not for the repair shop.
Willie Smith Jr. was sworn in. He said he was not running a vehicle repair shop. He's running a towing company.
Ms. Arraiz said she has had communication with Mr. Smith. The vehicles have been dismantled and she does not see repairs being made. Staff is withdrawing this case.
Special Magistrate, after hearing testimony, dismissed this case.
B.
| 20-2291 CE | 1826 Orange Avenue | Smith, Willie C Jr. Smith, LC & Smith, Pinkie |
Isaac Saucedo |
| Case Initiated: | October 07, 2020 | Type of Presentation: | Repeat |
| OWNER: Willie C Smith Jr L C Smith Pinkie Smith 1826 Orange Avenue Fort Pierce, FL 34950 |
Section 24-19, 24-20, 24-21(10)(b) – Nuisance as an object / Prohibited use of ROW
IPMC 302.7 Accessory structures.
Section 125-322(d)(2) – Security fences – Barbed wire
Section 24-19, 24-20, 24-21(1)(5) – Nuisance as an object / Outside storage
IPMC 304.2 Protective treatment.
Section 123-37(12) – Landscape maintenance
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 # 20-2291 on October 7, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation. The photos were shown to Willie Smith Jr. Assistant City Attorney Earley requested the photos be admitted as City’s composite 1. Special Magistrate admitted them as City’s composite 1.
Willie Smith Jr. was previously sworn in. He said the business is closed and the building is up for sale. He said he is working on correcting the violations. He has ordered supplies for repairing the fence.
Officer Saucedo said he has been working on repairing the fence, but there is still outside storage.
Ms. Arraiz said the vehicles are not in violation. He does have a BTR for that; however, there's tires, tools, etc laying around all over the property.
Officer Saucedo said if Mr. Smith would just park the vehicles in a formal manner, it would probably alleviate some of the complaints from neighbors.
Willie Smith Jr. was previously sworn in. He said the business is closed and the building is up for sale. He said he is working on correcting the violations. He has ordered supplies for repairing the fence.
Officer Saucedo said he has been working on repairing the fence, but there is still outside storage.
Ms. Arraiz said the vehicles are not in violation. He does have a BTR for that; however, there's tires, tools, etc laying around all over the property.
Officer Saucedo said if Mr. Smith would just park the vehicles in a formal manner, it would probably alleviate some of the complaints from neighbors.
The Special Magistrate found that the violations listed on the summary sheet do exist and that Willie C Smith Jr. has committed or is responsible for the violations. She ordered that the violators have 10 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 $250.00 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.
| 20-2287 CE | 315 S 17th St. | Lazare, Ermith | Isaac Saucedo |
| Case Initiated: | October 07, 2020 | Type of Presentation: | Regular |
| OWNER: ERMITH LAZARE 3406 MENENDEZ AVE FORT PIERCE, FL 34947 |
TENANT: KATARSHA C MOORE 315 S 17TH ST FORT PIERCE, FL 34950 |
| TENANT; KEITH M ZIMMERMAN (REAR) 315 S 17TH ST FORT PIERCE, FL 34950 |
IPMC 304.13 Window, skylight and door frames.
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 # 20-2287 on October 7, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation. He showed the property owner 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.
Ermith Lazare was sworn in and confirmed that she saw the photos and understands the violations that need to be corrected. She said she needs at least 30 days to get it done.
Ermith Lazare was sworn in and confirmed that she saw the photos and understands the violations that need to be corrected. She said she needs at least 30 days to get it done.
The Special Magistrate found that the violation listed on the summary sheet does exist and that Ermith Lazare have committed or is responsible for the violation. She ordered that the violator has 30 days in which to apply for the permit and comply with all conditions of the permit. In the event the violation is not cured or complied within the time given, a fine of $150.00 per day will be assessed for each day the violation continues 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)
A.
| 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 | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. | |
| 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 read the facts of the case and reviewed the 3 criteria required by Rule 16 of the Rules of Procedure for Special Magistrate Hearings. The property owner has offered a settlement of $200.00 and Staff is in agreement to that.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $680.00 to $200.00 payable in 24 hours. 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.
B.
| 19-0404 MH | 311 N 18th Street | Parker, Kimberly TELEPHONE HEARING |
Heather Debevec- Peggy Arraiz |
| Case Initiated: | February 13, 2019 | Type of Presentation: | Massey |
| OWNER: Kimberly Williams-Parker 311 N 18th Street Ft. Pierce, FL 34950 |
TENANT: |
IPMC 304.7 Roofs and Drainage
Code Compliance Manager Arraiz read the facts of the case. She said the property owner has received an award from Rehab Florida to help with the rehabilitation of her property. She is asking that the fines be stopped until the violations are corrected.
Kimberly Williams Parker was sworn in. She said the contractors are making the bids on the project, but it could take up to 90 days before the project can start.
Kimberly Williams Parker was sworn in. She said the contractors are making the bids on the project, but it could take up to 90 days before the project can start.
Special Magistrate Ross stopped the fines from accruing until the project is completed. The fine of $10,140.00 would remain and once the violations are in compliance she can come back to request a reduction/rescindment.
C.
| 19-3454 MH | 3945 S US Highway 1 | Scavello Management LLC Rebeccca Grohall TELEPHONE HEARING |
Heather Debevec Peggy Arraiz |
| Case Initiated: | January 10, 2020 | Type of Presentation: | Massey Hearing |
| First hearing | August 19, 2020 | SM Ross stopped the fines from accruing for 90 days. | |
| December 16, 2020 | Request to recall case. | ||
| OWNER: Scavello Management LLC Paul Scavello 101 City Island Avenue Bronx, NY 10464 |
OTHER ADDRESSES: Paul Scavello 2112 S US Highway 1 Ft. Pierce, FL 34950 |
Section(s): 22-192 Permit Required
Paul Scavello appeared by telephone. He was sworn in by the Clerk.
Code Compliance Manager Arraiz read the facts of the case and reviewed the 3 criteria required by Rule 16 of the Rules of Procedure for Special Magistrate Hearings. She corrected the summary sheet stating the violations are in compliance. The total fines are $3,400.00 and Staff is recommending reducing the fines to $1000.00 payable in 30 days.
Rebecca Grohall, MBV Enginerring, appeared in person and was sworn in. Mr. Scavello said he was in agreement to the reduction.
Code Compliance Manager Arraiz read the facts of the case and reviewed the 3 criteria required by Rule 16 of the Rules of Procedure for Special Magistrate Hearings. She corrected the summary sheet stating the violations are in compliance. The total fines are $3,400.00 and Staff is recommending reducing the fines to $1000.00 payable in 30 days.
Rebecca Grohall, MBV Enginerring, appeared in person and was sworn in. Mr. Scavello said 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 $3,400.00 to $1000.00 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.
| 20-0049 MH | S US Highway 1 | Scavello Management LLC Rebecca Grohall TELEPHONE HEARING |
Heather Debevec Peggy Arraiz |
| Case Initiated: | January 10, 2020 | Type of Presentation: | Massey |
| First hearing | August 19, 2020 | SM Ross stopped the fines for 90 days. | |
| December 16, 2020 | Request for recall of case. | ||
| OWNER: Scavello Management LLC Paul Scavello 101 City Island Avenue Bronx, NY 10464 |
OTHER ADDRESSES: Paul Scavello 2112 S US Highway 1 Ft. Pierce, FL 34950 |
Section(s): 22-192 - Permit Required
Paul Scavello appeared by telephone. He was previously sworn in the prior case.
Code Compliance Manager Arraiz read the facts of the case and reviewed the 3 criteria required by Rule 16 of the Rules of Procedure for Special Magistrate Hearings. She corrected the summary sheet stating the violations are in compliance. The total fines are $3,400.00 and Staff is recommending reducing the fines to $1000.00 payable in 30 days.
Rebecca Grohall, MBV Enginerring, appeared in person and was previously sworn in the prior case. Mr. Scavello said he was in agreement to the reduction.
Code Compliance Manager Arraiz read the facts of the case and reviewed the 3 criteria required by Rule 16 of the Rules of Procedure for Special Magistrate Hearings. She corrected the summary sheet stating the violations are in compliance. The total fines are $3,400.00 and Staff is recommending reducing the fines to $1000.00 payable in 30 days.
Rebecca Grohall, MBV Enginerring, appeared in person and was previously sworn in the prior case. Mr. Scavello said 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 $3,400.00 to $1000.00 payable in 60 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.
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
8.
OTHER CASES
9.
NEW BUSINESS
10.
OLD BUSINESS
A.
| 20-1183 Recall | 1123 S 7th Street | Morales, TJesus J | Isaac Saucedo |
| Case Initiated: | May 19, 2020 | Type of Presentation: | Regular |
| First hearing | October 21, 2020 | Respondent failed to appear. Due to Covid 19, the case continued until Nov. 18, 2020. | |
| Second hearing | November 18, 2020 | Special Magistrate gave violators until December 1 to otain a permit and comply to all permit conditions or a fine of $250.0 per day would be assessed. | |
| Received request from Tracy Telle, Engineering Department to recall the case. Case scheduled for January 20, 2021. | |||
| OWNER: T Jesus J & Maria Morales 1123 S 7th Street Ft. Pierce, FL 34950 |
Section 11-24 – Damage to Public Property
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 # 20-1183 on May 19, 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. She also explained what the City was looking for today after hearing testimony. She asked for supplemental orders and that the fines be started.
Tracy Telle, the Asst. City Engineer explained in a brief timeline the events that occurred over the past 9 months. She asked that the Special Magistrate make an order that the City can make the repairs and charge the property owner for the cost. Asst. City Attorney Earley asked why this case is considered a danger to the public. Ms. Telle said the City of Fort Pierce follows DOT criteria. The sidewalk was removed and DOT requires a horizontal flat back. Mr. Morales removed the sidewalk as part of the driveway permit.
Jesus Morales and John George were sworn in. Mr. George said he hired an engineer but he got confused with what needed to be done. Ms. Telle said she has sent multiple emails describing what needs to be done. It won't take long to do the work, but they have to provide a diagram of what they are going to do and apply for a permit. Special Magistrate Ross said she would continue the case.
Assistant City Attorney Earley objected that the Special Magistrate continued the case. Code Compliance Manager Arraiz, due to the danger it created, asked that she make it for her next date of hearing.
Tracy Telle, the Asst. City Engineer explained in a brief timeline the events that occurred over the past 9 months. She asked that the Special Magistrate make an order that the City can make the repairs and charge the property owner for the cost. Asst. City Attorney Earley asked why this case is considered a danger to the public. Ms. Telle said the City of Fort Pierce follows DOT criteria. The sidewalk was removed and DOT requires a horizontal flat back. Mr. Morales removed the sidewalk as part of the driveway permit.
Jesus Morales and John George were sworn in. Mr. George said he hired an engineer but he got confused with what needed to be done. Ms. Telle said she has sent multiple emails describing what needs to be done. It won't take long to do the work, but they have to provide a diagram of what they are going to do and apply for a permit. Special Magistrate Ross said she would continue the case.
Assistant City Attorney Earley objected that the Special Magistrate continued the case. Code Compliance Manager Arraiz, due to the danger it created, asked that she make it for her next date of hearing.
Special Magistrate Ross continued this case until her next hearing date, February 3. She did instruct the property owner put out more orange cones and tape off the area so the public would know it was a dangerous area to be walking in.
Meeting adjourned:
10:07 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
10:07 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk