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Minutes for Special Magistrate Hearing

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, MARCH 4, 2015.
 
1.
CALL TO ORDER
Called to order at 9:00 A.M. by Special Magistrate Blandino.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
Peggy Arraiz, Shaun Coss, and Andy Avery were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
14-2361 514 N 20th St. Tiwari, Shawn Shaun Coss

Case Initiated:  November 24, 2014 Type of Presentation: Regular

OWNER:
Shawn Tiwari
PO Box 1306
Loxahatchee, FL 33470
OCCUPIED BY: 
Jean Pierre
514 N 20th St.
Ft Pierce, FL 34950

Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section: 16-46, 16-47, 16-48 (10) (D) Non-Operable Vehicles
Rescheduled for 3/18/2015.
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
14-1232 302 S 33rd St. Moreno, Pedro Shaun Coss

Case Initiated:  June 13, 2014 Type of Presentation: Regular

OWNER: 
Pedro Moreno
3205 Boston Ave
Fort Pierce, FL 34950
 

Section: 5-368 (1) (4) Property Maintenance
Motion was made by Special Magistrate Frank Blandino that a violation did exist for section 5-368(4) but that the violation(s) 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

Motion was made by Special Magistrate Blandino  that a violation does exist for section(s) 5-368 (1) and that Pedro Moreno has committed or is responsible for the violations. He ordered that the violator has 30 days in which to obtain a permit and comply with all permit conditions in accordance with the city code of ordinances. In the event the violations are not cured or complied within the time period, a fine of $50.00 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.
 
2.
14-1551 1910 S Jenkins Rd. Resurrection Life Family Worship Center Inc. Shaun Coss

Case Initiated:  July 21, 2014 Type of Presentation: Regular

OWNER: 
Resurrection Life Family Worship Center Inc.
PO Box 1224
Ft Pierce, FL 34954 

Section: 22-192 (A), 22-177  Tree Removal
Officer Shaun Coss read the facts of the case.  He stated that there were hundreds of trees cut down on this property.  A mitigation hearing was held in August of last year.  Included in the meeting were Code Enforcement Department, City Manager, Urban Forester,and Engineering. An agreement was signed by all parties that the Church would obtain a land clearing permit, bring the property into compliance with the city of Ft. Pierce land clearing permit guidelines, and pay a fine of $10,000.00 to the City's Tree Fund.  All recommendations have been met except the $10,000.00 payment.  Photos were submitted and marked as Exhibit 1. 

Pastor Banks came forward and was sworn in. He stated that he would begin making payments of $200 or $250 per month and asked if he could start in May.  Staff was in agreement to this and asked for $250 beginning May 1, 2015. 

Motion was made by Special Magistrate Blandino that a violation does exist for section(s) 22-192 (A), 22-177 and that Resurrection Life Family Worship Center, Inc. has committed or is responsible for the violations. He ordered that the violator pay the sum of $10,000.00 payable at $250.00 per month beginning May 1, 2015 and continue payments until paid in full.  Payment should be made payable to the City of Ft. Pierce Tree Fund.
 
3.
14-2360 401 N 21st St. Schenck, Gladys Shaun Coss

Case Initiated:  November 24, 2014 Type of Presentation: Regular

OWNER:
Gladys Schenck
646 SW Munjack Cv
Port St. Lucie, FL 34986

 

Section: 5-368 (1) (3) (4) Property Maintenance
 
Motion was made by Special Magistrate Blandino 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.
15-18 1712 S 31st St Hazel  Jackson (EST)
Todd A Harriman
Andy Avery

Case Initiated:  January 12, 2015 Type of Presentation:  Violation

OWNER:
Hazel H. Jackson (Est)
Todd A. Harriman
1712 S 31st St.
Ft. Pierce, FL 34947
 
OCCUPIED BY:




 

Section: 16-46, 16-47, 16-48 (1)(5) Nuisance – Pool Barrier
Section: 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water
Section: 5-369 Vacant Buildings
Section: 16-46, 16-47, 16-48 (1) (5) Outside Storage
Motion was made by Special Magistrate Blandino 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.
 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
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.
 
9.
OLD BUSINESS
Adjourned at 9:18 AM
Respectfully submitted:




_______________________________________________
Colleen Greer, Secretary to the Special Magistrate