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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, FEBRUARY 18, 2015.
 
1.
CALL TO ORDER
Called to order at 9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
Peggy Arraiz and Shaun Coss were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
14-2155 2905 Dunbar St. Simonson, Robert & Franca Shaun Coss
 
Case Initiated:  October 23, 2014 Type of Presentation:  Regular
 
OWNER:
Robert & Franca Simonson
1273 NW 11th St.
Boynton Beach, FL 33426
 		 OCCUPIED BY:



 

Section: 5-368 (1) (4) Property Maintenance
Officer Coss pulled prior to hearing.
 
2.
14-2381 3603 Wilderness Drive Maryann Schmidt Janey Singer
 
Case Initiated:  December 2, 2014 Type of Presentation: Regular
 
OWNER:
Maryann Schmidt
513 2nd Avenue
Lake Worth, FL 33460
 

Section: 22-192 (A), 22-177                                  Tree Removal
Officer Singer continued this case.
 
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
 

Motion was made by Special Magistrate Fran O. Ross that a violation did exist but that the violations have been cured as of the date of this hearing. The violators shall be warned that if these violations reoccur, pursuant to Florida Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.
 

 
2.
14-2084 1611 N 13th St. Forbes (Est), Idella B Shaun Coss

Case Initiated:  October 20, 2014 Type of Presentation: Regular

OWNER: 
Idella B Forbes (Est)
PO Box 1284
Ft Pierce, FL 34954 		 OCCUPIED BY:


 

Section: 22-187 (13) (b) Landscape Maintenance
Section: 16-46, 16-47, 16-48 (1)(5) Outside Storage
 

Motion was made by Special Magistrate Fran O. Ross that a violation does exist and the violators that are not present are deemed to have admitted guilt. It was further moved 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.
 

 
3.
14-2086 1404 Edgewood Terr Olive, Charles Shaun Coss

Case Initiated:  October 20, 2014 Type of Presentation: Regular

OWNER: 
Charles Olive
1013 N 13th St.
Fort Pierce, FL 34950		 OCCUPIED BY:


 

Section: 5-1.105.1 Permit Required
Section: 5-368 (1) (4)Property Maintenance
 

Motion was made by Special Magistrate Fran O. Ross that a violation does exist and the violators that are not present are deemed to have admitted guilt. It was further moved 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.
 

 
4.
14-2091 1206 Orange Ave Delicieux & Dorleans Shaun Coss

Case Initiated:  October 20, 2014 Type of Presentation: Regular

OWNER:
Edson Delicieux & Marie P Dorleans
337 SW Donna Terr
Port St. Lucie, FL 34984
 		  

Section: 5-368 (4) Property Maintenance
 
Officer Shaun Coss read the facts of the case.  Photos were submitted and marked as Exhibit 1.  Marie Dorleans, property owner and her daughter Marie Jean were sworn in for testimony.  They now understand what needs to be done and stated they could get it all done within a few days.
 

Motion was made by Special Magistrate Fran O. Ross to continue this case with the stipulation the violators comply the violations within 7 days. If not complied within this time period the case will be brought back before her and a fine may be assessed.
 

 
5.
14-2258 606 Azalea Ave McKenzie, Robert Jr Barbara McKenzie Janey Singer
 
Case Initiated:  November 6, 2014 Type of Presentation: Regular
 
OWNER:
Robert McKenzie Jr.
Barbara McKenzie
911 Skylark Dr.
Ft. Pierce, FL 34982
 		 OCCUPIED BY:
Vacant



 

Section 16-46, 16-47, 16-48 (1) Nuisance as a Condition
Section: 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water
Peggy Arraiz read the facts of the case for both cases.  She stated that Public Works has put up a temporary fence to secure the pool.  Robert McKenzie Jr. was sworn in for testimony.  He stated that he had given the property back to the bank through bankruptcy, however, we have no confirmation of this.  He stated he would bring the documents to our office by 5:00 the next day.
 

Motion was made by Special Magistrate Fran O. Ross to continue this case so proof of bankruptcy could be obtained. She stated that the documents must be in Staff's office by 5:00 PM Thursday, February 12 or the case would be brought back before her and a fine might be assessed.
 

 
6.
14-2261 606 Azalea Av McKenzie, Robert Jr. Barbara McKenzie Janey Singer
 
Case Initiated:  November 6, 2014 Type of Presentation:  Regular
 
OWNER:
Robert McKenzie Jr.
Barbara McKenzie
911 Skylark Dr.
Ft. Pierce, FL 34982		 OCCUPIED BY:
 VACANT

Section: 5-368 (1) Property Maintenance
Section: 5-369 Vacant Buildings
Section: 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section: 22-187 (13) Landscape Maintenance
This case was addressed in the previous case number 14-2268.
 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
0.
12-1805 1213 York Avenue Anderson Margaret Arraiz
 
Case Initiated:  October 25, 2012 Type of Presentation:  Massey
 
PREVIOUS OWNER:
Robert Anderson
1213 York Avenue
Ft. Pierce, FL		 CURRENT OWNER:
Cenlar FSB
425 Phillips Boulevard
Ewing, NJ

Section: 5-1.104.5 Unsafe Building (covered windows)
Section: 5-368 (1) Property Maintenance.
Peggy Arraiz read the facts of the case.  She stated that although the bank was asking for rescindment of the lien, Staff was not in agreement to this and was asking for the administrative costs be covered.  Kari Reinke, representative for Century 21, stated they would be willing to pay this cost.
 

Motion was made by Special Magistrate Fran O. Ross that based on the recommendation of the City, the fines would be reduced to $1,343.52 payable within 60 days. If not paid within that time, the fines would revert back to the original amount and a lien would be recorded.
 

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
1.
08-0545 Dade Road Privilege Development LLC Peggy Arraiz
 
Case Initiated:  January 29, 2008 Type of Presentation: Lien Reduction
 
OWNER:
Privilege Development LLC
3615 NE 207th St.  #3108
N. Miami Beach, FL 33180
 		 OCCUPIED BY:



 

Section(s): 16-46, 16-47, 16-48 (1)(5)(6)(7)(10) Nuisance as a Condition.
Section(s): 16-46, 16-47, 16-48 (8) Nuisance as an Object.
Peggy Arraiz read the facts of this case and stated that this was a staff initiated item. Upon inspection it was found that this property was swampland and cannot be complied.  Therefore, Staff is recommending that the Special Magistrate rescind the lien.
 

Motion was made by Special Magistrate Fran O. Ross that based on the 7 Criteria of Rule 17 she would recommend to the City Commission to waive the code enforcement lien of $442,620.00 to $.00.
 

 
2.
11-1047 411 Avenue B Interamerican Bank FSB Peggy Arraiz
 
Case Initiated:  July 7, 2011 Type of Presentation:  Lien Reduction
 
OWNER:
 Interamerican Bank FSB
9190 Coral Way
Miami, FL 33165		 OCCUPIED BY:


 

Section(s):  5-368 (1) (3) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage - Indoor Furniture
Peggy Arraiz read the facts of the case.  She stated that Staff was in agreement to accept the banks offer of 10% of the fine.
 

Motion was made by Special Magistrate Fran O. Ross that based on the 7 Criteria of Rule 17 she would recommend to the City Commission to reduce the code enforcement lien of $226,800.00 to $2,268.00 payable within 60 days. If not paid within that 60 days, the lien would revert back to the original amount.
 

 
3.
 
12-0191 702 Atlantic Avenue FX Wilson/M Porro Investments, Inc. Peggy Arraiz
 
Case Initiated:  February 13, 2012 Type of Presentation: Lien Reduction
 
PREVIOUS OWNER:
FX Wilson/M Porro Investments, Inc.
P. O. Box 2712 
Stuart, FL 34995

 		 CURRENT OWNER:
Steve Tarr
Rast Properties, Inc.
4521 PGA Blvd.,    #201
Palm Beach Gardens, FL 33418
 

Section(s): 5-368 (1) (3) (4) Property Maintenance
Section(s): 23-49 (4) Affirmative Maintenance
Peggy Arraiz read the facts of the case.  Staff is in agreement to the offer of $3,500.00 as settlement.  Steven Tarr was sworn in for testimony.  He stated he is part of the solution of the problems in this part of town and had nothing to add.
 

Motion was made by Special Magistrate Fran O. Ross that based on the 7 Criteria of Rule 17 she would recommend to the City Commission to reduce the code enforcement lien of $34,740.00 to $3,500.00 payable within 60 days. If not paid within that 60 days, the lien would revert back to the original amount.
 

 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
Peggy Arraiz updated Special Magistrate and others in attendance that Commission has asked that we reduce the liens to a lower rate. We have made a recommendation to adjust the fine amount down to $5.00, $10.00, $25.00, and $50.00; however, Special Magistrate does have the right to go as high as $250.00 a day based on the type of violation and circumstances.

Peggy Arraiz also introduced the new Sergeant of Arms, Officer John Fasonello.
 
9.
OLD BUSINESS
Adjourned at 9:35 AM

Respectfully submitted:

Colleen Greer
Secretary to the Special Magistrate