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.

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.

Code Officer Debevec read the facts of the case. Prior to continuing her presentation, Assistant City Attorney stated there was a court reporter present and stopped the case to discuss a procedural matter.

Louis Arslanian, attorney representing Thomas Cummings came forward.  Mr. Arslanian filed a Motion to Stay Code Enforcement Hearings Pending Resolution of Other Code Enforcement Cases While in Court and he explained where the information came from to have him file this motion.  He says because of this information, his position is that the City should not be allowed to continue with this hearing.

Assistant City Attorney Earley said the City objects to the motion and she would not comment on any court rulings.  She said this is a civil proceeding and just because there is an appeal does not mean the City ordinances stop being heard.

Special Magistrate asked how much the City was asking for and Code Compliance Manager Arraiz said the ad is still live on Air B&B and they advertise $300.00 a night.  

Mr. Arslanian said an ad is an ad and it does not prove there is a violation.

Special Magistrate Ross denied the motion at this time.

Assistant City Attorney Earley continued with her questioning of Code Officer Debevec.  Officer Debevec confirmed that she initiated Case # 20-2734 on December 10, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation. She described a couple of the photos as to speaking with a lady who said they were staying at the residence for a short time.  She confirmed that she checked with the City Clerk's office and there was no Business Tax Receipt issued to Thomas Cummings to run a short term rental at 1722 Binney Drive.  She and Mrs. Arraiz continued to check to see if there was a BTR issued at different times during the time the case has been active and again prior to the hearing.  The ad was still live each time.   Assistant City Attorney Earley requested the photos be admitted as City’s composite 1.   Special Magistrate admitted them as such.

Code Compliance Manager Margaret Arraiz was questioned about how many times she checked the ad.  She said at least 10 times and the ad has not changed.  Print outs of the advertisements with date stamps were submitted as Exhibit 2 and 3 composite.  There was no objection from the Respondent's Counsel.  She said referring to the previous case, Staff had originally cited for conditional uses, but things have changed since then. They now cite for no Business Tax Receipt also.  There is a code on the books that states if you advertise for a business, that is proof of you operating a buisness and are therefore required to obtain a Business Tax Receipt and she quoted Section 22-27 - Proof of business activity.  In order to get a Business Tax Receipt they have to go through the Planning Department to get a conditional use permit which is required for any short-term rental.

Timothy Bankston was sworn in.  He resides at 202 Fernandina Street.  He first saw someone at 1722 Binney Drive during the Thanksgiving holidays for 3 to 4 days.  He met Mr. Cummings 1 time and had a brief conversation.  He did not see Mr. Cummings at the proceedings today nor during the time he has seen other people at the address.  He sees the vehicles and Mr. and Mrs. Cummings at the house with cleaning supplies for several hours.  When they leave, the gate is left open, then Mr. Bankston sees other people arrive.  It repeats this pattern.  He sees new vehicles and new people each time and it is his opinion they are there for short periods of time for a vacation.  He spoke to Mr. Cummings after the holidays and said he and his neighbors are opposed to his renting his home for Air B&B as it is a residential neighborhood.  Mr. Cummings told him he had a conditional use permit to rent out his home.  He has talked to some of the people about how they found out about the property and they said through Air B&B.  He provided photos which he said fairly and accurately depicted what he observed and the photos were admitted as City's composite 4. He said he was documenting the procedure as evidence to give to the City to get him to stop renting the property.

Mr. Arslanian objected to the testimony as hearsay, but the objection was overruled.  He asked Mr. Bankston what evidence he had that the home was being rented.  He said there are reviews on the website but none of them mention money.  Assistant City Attorney Earley asked that the reviews be admitted as City's 4.  Mr. Arslanian objected, but Special Magistrate Ross overruled the objection and admitted the reviews as City's composite 4.

Kelly Williamson was sworn in.  She lives at 1712 Binney Drive right next door to 1722 Binney Drive.  She met Mr. Cummings in September 2020. During the Thanksgiving weekend people started coming in and staying 3 days or more.  She has seen a pattern that started where Mr. Cummings would show up with cleaning supplies and after a day or so different people with different vehicles with different tags would start coming in and staying 3 or more days.  This was especially going on during the holidays.  She has a safety concern because they don't know that people speed down the road and don't stop at the stop signs.  The Cummings were never present during the time there were guests at the house.  Each time the guests left the Cummings would come back, take the trash out, and clean the residence.  They would then leave, the gate would be left open, and new people would show up.  She provided photos that were on her phone as well.  She reviewed them and said they fairly and accurately depicted what she saw.  Mr. Arslanian objected to the photos as he did not receive them prior to the hearing.  Assistant City Attorney Earley said she emailed these photos to him yesterday.  Special Magistrate admitted them as Exhibit 5.   

Assistant City Attorney Earley asked Ms. Arraiz about the ad that she checked earlier that morning stating it could not be sent to Mr. Arslanian as it was just printed.  In real time, using the Chambers' computer, which was displayed on the Chambers' monitors, she showed the ad stating it was still live and that there were 5 reservations listed.  The ad was printed and admitted as City's Exhibit 6.

In closing, Mr. Arslanian provided a deed that showed the property belonged to David T. Cummings not Thomas Cummings.  This was admitted as his Exhibit 1.  He again mentioned his motion to stay because in the court of law the City was pre-empted and prohibited from ruling on vacation rentals. And last, there is no proof or evidence that money for rentals was taking place.  The ads are just evidence of advertising the property.  There's no evidence of any lease agreement, no meetings of the mind.  The pictures nor the rentals prove there was a rental.  The right person was not noticed, therefore, he recommended the matter be dismissed.

Assistant City Attorney Earley said a notice was issued to Thomas and Sandra Cummings.  They are listed as the owners of 1722 Binney Drive with the St. Lucie County Property Appraiser's website.  The property card was not admitted into evidence.  The notice was issued and complied with the City's Section 162.  The ads were posted multiple times, the property is being advertised for $300 a night, and there is testimony from neighbors that different people show up with different vehicles and stay for several days at a time.  There is no proof of a conditional use and there is no BTR issued. 

Special Magistrate Ross, based on testimony from all parties and photos, determined a pattern was established. She reviewed her findings and found that Thomas and Sandra Cummings were responsible for the violations. The rentals that have already commenced are considered irreparable and irreversible in nature and she ordered an immediate cease and desist of all future rentals. A fine of $5,000.00 is to be assessed payable within 30 days. She ordered that all advertising was to be taken down immediately and all future rentals be terminated. She ordered that after the 30- day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.

The Special Magistrate denied the appeal and found that the violations listed on the summary sheet did exist and that Leroy Burney Jr. is responsible for the violations. She ordered that the violators have 12 months in which to pay the $1,000.00 plus $100.00 administrative fees or a total of $1,100.00. In the event this fine of $1,100.00 has not been paid within 12 months from the date of order, a lien will be recorded against the property and additional fines and penalties may be accrued. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

Ms. Corliss Phillips attended by telephone. She was sworn in by the Clerk.

Code Officer Debevec reviewed the case and presented updated photos which were admitted as City's 1 composite.  She said as of today the windows permit is closed.  Ms. Phillips has been working with the city.  Now she has to find a contractor to finish the job by replacing the siding and painting the home.

Corliss Phillips confirmed she was trying to find a contractor to do the work and requested more time.

Ms. Arraiz recommended an extension of 60 days.  

Special Magistrate after hearing testimony from Staff and Ms. Phillips continued this case until May 5, 2021.

Special Magistrate continued the case until April 7, 2021.

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 # 20-1816 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 composite 1.  The respondent was not present.

The Special Magistrate found that a violation does exist and that Willie D and Gwendolyn L Singletary 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.

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 # 20-1919 on September 2, 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 found that a violation does exist and that Charles & Tracy Resendez 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.

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.

Code Compliance Manager stated that Ms. Reconco has been present but due to the lateness of the hearing, excused her and agreed to reschedule the hearing to April 7, 2021.

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 # 20-2183 on September 30, 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 Justin Lareste 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.

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 # 20-2177 on September 30, 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 Cliff Savage 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.

Code Compliance Manager Arraiz reviewed the case and said Mr. Feldman presented his redevelopment plans to the City Commission this past Monday.  They were in favor of his plan; therefore, she recommended continuing the case until  the June meeting date.

Special Magistrate Ross granted the recommendation of Staff that she continue this case until June 2, 2021.