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Minutes for Special Magistrate Hearing

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MINUTES OF A REGULAR MEETING OF THE SPECIAL MAGISTRATE BOARD 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, DATE
 
1.
CALL TO ORDER
The meeting was called to order by Special Magistrate Blandino at 9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
Code Manager Margaret Arraiz, Officer Shaun Coss, Officer Andy Avery
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
14-2235 303 N 23rd St. Professional Property Manage Shaun Coss
 
Case Initiated:  November 3, 2014 Type of Presentation: Regular
 
OWNER:
Professional Property Management & Sales Inc
1391 NW St Lucie West Blvd.   # 202
Port St. Lucie, FL 34986		 OCCUPIED BY:
Wallace Varner or Current Resident
303 N 23rd St.
Ft Pierce, FL 34950
OTHER:
Wallace Varner or Current Resident
305 N 23rd St.
Ft Pierce, FL 34950		  

Section: 15-9  Sign Permit Procedures (R&D)
Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section: 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture

 
 
Complied prior to hearing.
 

Complied prior to hearing.

 
2.
14-2286 3011 Fairway Dr Bryant, James & Liane Janey Singer
 
Case Initiated:  November 12, 2014 Type of Presentation: Regular
 
OWNER:
James & Liane Bryant
3011 Fairway Dr.
Ft. Pierce, FL 34982

 		 OCCUPIED BY:




 

Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section: 16-46, 16-47, 16-48 (10) (D) Non-Operable Vehicles
Rescheduled.
 

Rescheduled.

 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
14-1610 1123 Alameda Ave Elias, Leo A Janey Singer
 
Case Initiated:  September 12, 2014 Type of Presentation: Regular
 
OWNER:
 Leo A Elias
1123 Alameda Ave
Fort Pierce FL 34982
 

Section: 5-368 (6)  Fence Maintenance
Section: 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water
Continued.
 

Continued.

 
2.
14-1688 1209 Raymond Ave Isenhour, Bruce R Shaun Coss
 
Case Initiated:  August 18, 2014 Type of Presentation: Regular
 
OWNER:
Bruce R Isenhour
1209 Raymond Avenue
 Fort Pierce, FL 34982		 OCCUPIED BY:


 

Section: 5-368 (1) (3) (4) Property Maintenance

 
 
Officer Shaun Coss presented the case.  Photos were presented and marked as exhibit 1.  Bruce Randolph Isenhour was sworn in for testimony.  Mr. Isenhour stated that he was a disabled veteran, doing the best he could and his only income was Social Security.  He asked for more time and Staff was agreeable to 180 days to obtain a permit and comply with the conditions of the permit. 
 

Motion was made by Frank M. Blandino that a violation does exist for section(s) 5-368 (1) (3) (4) and that Bruce R. Isenhour has committed or is responsible for the violation(s). He ordered that the violator has 180 days in which to obtain a permit and comply with the conditions of the permit. In the event the violations are not cured or complied within the time period, a fine of $200.00 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 his decision in the Circuit Court of St. Lucie County.
 

 
3.
14-1690 1211 Raymond Ave Midgette, Joan M Shaun Coss
 
Case Initiated:  August 15, 2014 Type of Presentation:  Regular
 
OWNER:
Joan M Midgette
1211 Raymond Avenue
Ft Pierce, FL 34950 		 OCCUPIED BY:


 

Section: 5-368 (1) (4) Property Maintenance

 
 
Officer Shaun Coss presented the case.  Photos were presented and marked as Exhibit 1. Ms. Midgette was present but did not testify.  Officer Coss stated that she was in agreement to the terms. 
 

Motion was made by Frank M. Blandino that a violation does exist for section(s) 5-368 (1) (4) and that Joan M. Midgette has committed or is responsible for the violation(s). He ordered that the violator has 90 days in which to obtain a permit and comply with the conditions of the permit or 90 days to comply with the city code of ordinances. In the event the violations are not cured or complied within the time period, a fine of $200.00 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 his decision in the Circuit Court of St. Lucie County.
 

 
4.
14-1697 2014 Delaware Ave Montano, Pierina Shaun Coss
 
Case Initiated:  August 15, 2014 Type of Presentation: Regular
 
OWNER: 
Pierina Montano
15751 SW 139th St.
Miami, FL 33196 		 OCCUPIED BY:
Fredrick Singletary
2014 Delaware Ave.
Fort Pierce, FL 34950 

Section: 16-46, 16-47, 16-48 (1) (D) Non-Operable Vehicles
Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage
 
5.
14-1774 3215 Delaware Ave. Cornerstone Church of Ft Pierce Shaun Coss
 
Case Initiated:  August 21, 2014 Type of Presentation: Regular
 
OWNER:
Cornerstone Church of Ft Pierce
3215 Delaware Ave
Ft Pierce, FL 34947 		 OCCUPIED BY:


 

Section: 16-46, 16-47, 16-48 (10) (D) Non-Operable Vehicles (CM)
Section: 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water (CM)
Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage (CM)
Section: 5-368 (1) 4) Property Maintenance
 
Officer Shaun Coss presented the case along with photos that were marked as Exhibits 1 and 2.  All of the violations have been complied except the property maintenance.  Reverend Killick Saintil was sworn in for testimony.  He stated that he was agreeable to the violations and the terms the City was asking for. 
 

Motion was made by Frank M. Blandino that a violation does exist for section(s) 5-368 (1) (4) and that Cornerstone Church of Ft. Pierce has committed or is responsible for the violations. He ordered that the violator has 60 days to comply with the city code of ordinances. In the event the violations are not cured or complied within the time period, a fine of $100.00 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 his decision in the Circuit Court of St. Lucie County.
 

 
6.
14-2135 1611 S 29th St Overton, Robert Andy Avery
 
Case Initiated:  October 23, 2014 Type of Presentation: Regular
 
OWNER:
Robert Overton
1611 S 29th St.
Ft. Pierce, FL 34947		 OCCUPIED BY:


 

Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section: 5-368 (4) Property Maintenance
Section: 5-370 Exterior Property and Landscaping

 
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.
 

 
7.
14-2236 305 N 23rd St. Varner, Wallace L Shaun Coss
 
Case Initiated:  November 3, 2014 Type of Presentation: Regular
 
OWNER:
Wallace Varner & Alice Brown-Varner
305 N 23rd St.
Ft Pierce, FL 34950		 OTHER:
Wallace Varner 
303 N 22rd St.
Ft Pierce, FL 34950 

Section: 9-27 (B) Doing Business Without a Tax
Section: 22-63 (4) Home Occupations (R&D)
Complied prior to hearing.
 
 
8.
14-2240 814 S 6th St Dixon, Vernon Andy Avery
 
Case Initiated:  November 18, 2014 Type of Presentation:  Regular
OWNER:
Vernon Dixon                       
2614 SW 2nd St.  
Ft. Lauderdale,  FL 33312

 		 OCCUPIED BY:




 

Section: 5-369 Vacant Buildings
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.
 

 
9.
14-2251 1607 Emerald Terrace Hinds, Rashanda & Alice Andy Avery
 
Case Initiated:  November 18, 2014 Type of Presentation:  Regular
 
OWNER:
Rashanda Hinds
Alice N Hinds
1607 Emerald Terrace 
Ft. Pierce, FL 34950		 OCCUPIED BY:



 

Section: 5-369                                                         Vacant Buildings
Officer Andy Avery presented the case. Alexzander Gonano, Attorney representing PNC Bank, came forward and testified  the property was currently in foreclosure and the trial for final judgment is set for March 23. He asked for 30 days to comply and Staff was agreeable.
 

Motion was made by Frank M. Blandino that a violation does exist for section(s) 5-369 and that Rashanda Hinds has committed or is responsible for the violations. He ordered that the violator has 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 period, a fine of $250.00 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 his decision in the Circuit Court of St. Lucie County.
 

 
10.
14-2252 1514 Emerald Terr Hehn, Teresia & Jakob Andy Avery
 
Case Initiated:  November 18, 2014 Type of Presentation:  Regular
 
OWNER:
Teresia & Jakob Hehn
1514 Emerald Terrace
Ft. Pierce, FL 34950
 		 OCCUPIED BY:



 

Section: 5-369 Vacant Buildings
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.
 

 
11.
14-2255 308 S 15th St Joseph, Esther Andy Avery
 
Case Initiated:  November 19, 2014 Type of Presentation:  Regular
 
OWNER:
Esther Joseph
2061 SE Heathwood Circle
Port St. Lucie, FL 34952		 OCCUPIED BY:


 

Section: 5-369 Vacant Buildings

 
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.
 

 
12.
14-2257 1106 Chipola Rd Lima, Karis H Andy Avery
 
Case Initiated:  November 18, 2014 Type of Presentation:  Regular
 
OWNER:
Karis H. Lima
1106 Chipola Road
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section: 5-369 Vacant Buildings
Section: 5-368 (3) (4) Property Maintenance
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.
 

 
13.
14-2438 2452 Mohawk Ave Smith, Marion M Isaac Saucedo
 
Case Initiated:  12/11/2014 Type of Presentation:  Regular
 
 
OWNER:
Marion Smith
2452 Mohawk Avenue
Ft. Pierce, FL 34947
 		 OCCUPIED BY:



 

Section: 5-368 (4) Property Maintenance
Section: 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section: 16-25 (C) Responsibility for Containers
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He further ordered that they be given the number of days recommended by the Code Enforcement Officer on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.
 

 
14.
14-2440 2540 Mohawk Avenue Anderson, Sonja
Edwards, Richelle		 Isaac Saucedo
 
Case Initiated:  12/11/2014 Type of Presentation:  Regular
 
OWNER:
Sonja Anderson & Richelle Edwards
421 N 24th St.
Ft. Pierce, FL 34950          		 OCCUPIED BY:
Betty J. Bowe
2540 Mohawk Ave.
Ft. Pierce, FL 34946

Section: 5-368 (4) Property Maintenance
Complied prior to hearing.
 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
0.
13-1201 2610 Sunrise Blvd Oneschuk, Jayson Peggy Arraiz
 
Case Initiated:  July 26, 2013 Type of Presentation: Lien Reduction
 
PRIOR OWNER:
Jorge A. & Juanna A. Palacios
2610 Sunrise Blvd
Fort PIerce, FL 
 		 CURRENT OWNER:
Jayson Oneschuk
Carr Investment Property, Inc.
521 South Andrew Ave #7
Ft Lauderdale, FL 33301







Section: 5-369 Vacant Buildings
Margaret Arraiz read the Facts of the Case and stated that this request was continued from the November meeting because we were waiting for excess proceeds from a tax sale.  This has not been resolved to date so Staff is requesting that you accept the offer of $3,504.00 and allow them 6 months to pay.
 

Motion was made by Frank M. Blandino that after reviewing the 7 criteria required by Rule 17, he recommends the City Commission reduce the lien to $3,504.00 payable in 6 months.
 

 
0.
12-0844 1219 Avenue L Robinson, Ossie & Sheila Peggy Arraiz

Case Initiated:  May 31, 2012 Type of Presentation:  Lien Reduction

OWNER:
Ossie & Sheila Robinson
1219 Avenue L
Ft. Pierce, FL 34981
 		 OCCUPIED BY:



 

Section: 5-369            Description: Vacant Building
Peggy Arraiz read the Facts of the Case.  Rick Cranmer, the realtor representing the owners was sworn in for testimony.  He is in agreement to paying the two lot clearing cases and the reduced fines of $1,240.00. 
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Respectfully submitted:
Meeting Adjourned 9:40 AM

Colleen Greer
Secretary to the Special Magistrate