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, FEBRUARY 17, 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
The people who attended for testimony were also sworn in at this time as a group.
Margaret Arraiz - Code Compliance Manager
Isaac Saucedo - Code Enforcement Officer
Chad Dawson - Code Enforcement Officer
The people who attended for testimony were also sworn in at this time as a group.
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 20-1678 CE | 914 Orange Avenue | St. Mark Missionary Baptist Church of Fort Pierce Inc. |
Isaac Saucedo |
| Case Initiated: | August 18, 2020 | Type of Presentation: | Rescheduled |
| OWNER: St. Mark Missionary Baptist Church of Ft. Pierce Inc. P. O. Box 1625 Ft. Pierce, FL 34954 |
REGISTERED AGENT: Donald Love 108 N 40th Street Ft. Pierce, FL 34946 |
| OTHER: St. Mark Missionary Baptist Church of Ft. Pierce Inc. 914 Orange Avenue Ft. Pierce, FL 34950 |
IPMC 304.2 - Protective treatment.
2.
| 20-1787 CE | 1035 Tortugas Avenue | Perez, Honorio | Isaac Saucedo |
| Case Initiated: | August 25, 2020 | Type of Presentation: | Complied |
| OWNER: HONORIO PEREZ 1035 TORTUGAS AVE FT PIERCE, FL 34982 |
Section 24-19, 24-20, 24-21(1)(5) – Nuisance as an object / Outside storage
3.
| 20-1730 CE | 3107 Hibiscus Avenue | Aime, Marielie Bien | Chad Dawson |
| Case Initiated: | August 5, 2020 | Type of Presentation: | Complied |
| OWNER: Marielie Bien Aime 1122 Sunrise Blvd Fort Pierce, FL 34950 |
TENANT: Tenant 3107 Hibiscus Avenue Fort Pierce, FL 34950 |
Section 24-19, 24-20, 24-21 (4) – Nuisance as an object / Parking on other than pavement
IPMC 304.2 Protective treatment.
4.
| 20-1935 CE | 1809 S 30th Street | Zamora, Pedro & Maria | Chad Dawson |
| Case Initiated: | September 2, 2020 | Type of Presentation: | Complied |
| OWNER: Pedro Zamora Maria D Zamora 1809 S 30th Street Fort Pierce, FL 34947 |
Section 34-35(s) – Parking prohibited on city right-of-way
5.
| 20-1360 CE | 201 N 17th St | BH6 LLC | Isaac Saucedo |
| Case Initiated: | June 10, 2020 | Type of Presentation: | Complied |
| OWNER: BFH6 LLC 20423 SR-7 # 308 Boca Raton, FL 33498 |
TENANT: Tenant 201 N 17th St. Fort Pierce, FL 34950 |
| REGISTERED AGENT: Ktorres Service Corp 600 S Federal Hwy Ste 207 Deerfield Beach, Fl 33441 |
REGISTERED AGENT: KROLINA D Torres 600 S Federal Hwy Ste 207 Deerfield Beach, FL 33441 |
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 304.2 Protective treatment
6.
| 20-2655 PK | Jaycee Park | Amador, Adriana | Chad Dawson |
| Case Initiated: | November 15, 2020 | Type of Presentation: | Rescheduled |
| First hearing | February 17, 2021 | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. | |
| OWNER: Adriana Amador |
PARKING VIOLATION: |
| Citation # | Code Section | Fine | Admin Fee | Late Fee | Total Due |
| 7169 PK | 34-35 (O) Parking Prohibited | $50.00 | N/A | N/A | $50.00 |
7.
| 20-1938 CE | 1818 S 30th Street | Moreno, Federico, Reyes, Susana & Rodriguez, Jose L |
Chad Dawson |
| Case Initiated: | September 2, 2020 | Type of Presentation: | Rescheduled |
| First Hearing | February 17, 2021. | Mr. Moreno called in, said he was sick, asked to be rescheduled. | |
| OWNER: Federico Moreno Susana Reyes Jose L Rodriguez 1818 S 30th Street Fort Pierce, FL 34947 |
Section 24-19, 24-20, 24-21 (4) – Nuisance as an object / Parking on other than pavement
8.
| 20-1863 CE | 1301 Emerald Terrace | Emerald14 LLC | Isaac Saucedo |
| Case Initiated: | August 18, 2020 | Type of Presentation: | Rescheduled |
| First hearing | February 17, 2021 | Due to Covid 19's Declaration of Emergency, all Respondents that fail to appear are automatically granted a 2nd opportunity to be heard. | |
| OWNER: Emerald14 LLC 2210 S 34th St Fort Pierce, FL 34947 |
REGISTERED AGENT: AC Construction LLC 2210 S 34th St Fort Pierce, FL 34947 |
| REGISTERED AGENT: AMIR GREENFIELD 2210 S 34th St Fort Pierce, FL 34947 |
TENANT: Emerald14 LLC 1301 Emerald Terr Fort Pierce, FL 34950 |
Sec. 30-28. - Responsibility for containers.
Sec. 24-19 - Maintenance of nuisance on property prohibited / Sec. 24-21 – Nuisance as a condition
4.
PUBLIC HEARINGS - CITATIONS
A.
| 20-2337 PK | Causeway Park | Brown, Candance Walencia | Isaac Saucedo |
| Case Initiated: | October 14, 2020 | Type of Presentation: | Citation |
| OWNER: Candance Walencia Brown |
| Citation # | Code Section | Fine | Admin Fee | Late Fee | Total Due |
| 10471PK | 34-35(O) Prohibited Parking | $50.00 | N/A | N/A | $50.00 |
Code Officer Isaac Saucedo read the facts of the case, presented photos, and explained the nature of the violation. Through questioning by Assistant City Attorney Earley, he confirmed that he initiated Case #20-2337 on October 14, 2020 and that the photos he took were time stamped and fairly and accurately depicted the violation. After showing the photos to the respondent, Attorney Earley requested the photos be admitted as City's 1 composite, which they were.
Candance Walencia Brown was previously sworn in. She said she was not parked in front of the dumpster, but off to the side. Saturdays are very busy in this area and she saw no signs saying she couldn't park there. She submitted photos also which were admitted as Respondent's 1.
Code Compliance Manager Arraiz said there were no signs but pointed out the lines that shows no parking. They are faded and the City is planning on repainting them, but they can be seen.
Candance Walencia Brown was previously sworn in. She said she was not parked in front of the dumpster, but off to the side. Saturdays are very busy in this area and she saw no signs saying she couldn't park there. She submitted photos also which were admitted as Respondent's 1.
Code Compliance Manager Arraiz said there were no signs but pointed out the lines that shows no parking. They are faded and the City is planning on repainting them, but they can be seen.
Special Magistrate Pelletier, after considering the facts of the case and the respondent's testimony, dismissed the case.
5.
PUBLIC HEARINGS - VIOLATION CASES
A.
| 20-1903 CE | 2802 Fairway Drive | Brady, James & Sharon | Isaac Saucedo |
| Case Initiated: | August 25, 2020 | Type of Presentation: | Regular |
| OWNER: James A Brady Sharon R Brady 2802 Fairway, Dr Fort Pierce, FL 34950 |
Section 24-19, 24-20, 24-21 (4) – Nuisance as an object / Parking on other than pavement
Section 24-19, 24-20, 24-21(1)(5) – Nuisance as an object / Outside storage
Code Officer Saucedo read the facts of the case and presented photos, which after being shown to the property owner, were admitted as City's 1 composite.
James and Sharon Brady were sworn in. Mr. Brady said he understood about the parking situation and was trying to get it corrected. He has had a lot of health problems lately and the rainy weather has caused some delay. He asked for a little more time.
Code Compliance Manager Arraiz said they were willing to extend the time to 30 days.
James and Sharon Brady were sworn in. Mr. Brady said he understood about the parking situation and was trying to get it corrected. He has had a lot of health problems lately and the rainy weather has caused some delay. He asked for a little more time.
Code Compliance Manager Arraiz said they were willing to extend the time to 30 days.
Special Magistrate Pelletier found that the violations listed on the summary sheet do exist and that James & Sharon Brady has committed or is responsible for the violations. She ordered that the violators have 30 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 $100.00 per day will be assessed for each day the violations continue past the date set for compliance. The violators have 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.
C.
| 20-1829 CE | 3101 Jersey Court | Smith, Willie C Jr, Smith L C, Smith, Pinkie | Chad Dawson |
| Case Initiated: | August 11, 2020 | Type of Presentation: | Review & Determination |
| OWNER: Willie C Smith Jr. L C Smith Pinkie Smith 3101 Jersey Court Fort Pierce, FL 34947 |
Section 125-315(i)(2)(b) – Commercial vehicle
Section 24-19, 24-20, 24-21 (4) – Nuisance as an object / Parking on other than pavement
Code Officer Dawson read the facts of the case. He stated the violations were in compliance as of the date of the hearing and requested an Order of Review and Determination be issued.
Special Magistrate found that section 125-315 (i)(2)(b) and 24-19, 24-20, 24-21 (4) 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.
D.
| 20-2710 CE | 1812 S 27th Street | McGathey, Katrina & Buccaneer Building Corp | Chad Dawson |
| Case Initiated: | December 9, 2020 | Type of Presentation: | Repeat Violator |
| OWNER: Katrina McGathey Buccaneer Building Corp 1812 S 27th Street Fort Pierce, FL 34947 |
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 Dawson read the facts of the case and stated the violations were in compliance as of this time. He asked for an Order of Review and Determination (R&D). The order was issued.
Special Magistrate found that sections 24-19, 24-20, 24-21 (1) (5) and 24-19, 24-20, 24-21 (11) 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.
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
8.
OTHER CASES
9.
NEW BUSINESS
10.
OLD BUSINESS
Meeting adjoured: 9:19 am
Respectfully submitted,
Colleen Greer
Code Enforcement Clerk
_______________________________________________
Respectfully submitted,
Colleen Greer
Code Enforcement Clerk
_______________________________________________