Minutes for Special Magistrate Blandino 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, APRIL 1, 2015.

CALL TO ORDER

9:00 am.

PLEDGE OF ALLEGIANCE

ADMINISTRATIVE BUSINESS

ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES

Peggy Arraiz, Andy Avery, and Janey Vanderhorst were sworn in.

IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED

15-0426

4507 S Hwy 1

St Lucie Automotive Properties LLC

Janey Vanderhorst

Case Initiated:

March 19, 2015

Type of Presentation:

Regular

OWNER: St. Lucie Automotive Properties LLC 4950 Pocatella Ave North Port FL 34287	OCCUPIED BY: The Motor shop 4507 S US Hwy 1 Fort Pierce FL 34982
OTHER: Matthew Memom 2091 Tamiami Trail Port Charlotte, FL 33948

Section(s): 9-27 (B) Doing Business without a Tax

Complied.

PUBLIC HEARINGS - VIOLATION CASES

14-2323

1811 Linwood Avenue

Ragubeer, Gaitri

Janey Vanderhorst

Case Initiated:

February 26, 2015

Type of Presentation:

Repeat

OWNER:
Gaitri Ragubeer
P.O. Box 584930
Kissimmee, Fl 34758

Section(s): 16-46, 16-47, 16-48 (1) Nuisance as a Condition
Section(s): 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water

Motion was made by Frank M. Blandino that a violation does exist and the violators who 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 that is also shown on the summary sheet.

15-0228

603 S 24th St

Desir, Benel

Andy Avery

Case Initiated:

February 17, 2015

Type of Presentation:

Regular

OWNER:
Benel Desir
P. O. Box 63
Fort Pierce, FL 34954

OCCUPIED BY:
Humberto Lopez-Gonzalez
603 S 24^th St
Fort Pierce, FL 34950

Section(s): 5-368 (4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 5-73 House Numbers

15-0277

726 S 11th St

Freeman, Clifton B
Freeman, Patricia L

Andy Avery

Case Initiated:

February 17, 2015

Type of Presentation:

Regular

OWNER:
Clifton B. & Patricia L. Freeman
726 S. 11th Street
Ft. Pierce, FL 34950

OCCUPIED BY:

Section(s): 5-369 Vacant Buildings

15-0397

1104 Boston Ave

Ortega (TR), Danilo
Foster (TR), Lurine

Andy Avery

Case Initiated:

March 3, 2015

Type of Presentation:

Repeat

OWNER:
Danilo Ortega (TR)
Lurine Foster (TR)
3548 SW Rivera Street
Port St. Lucie, FL 34953

OCCUPIED BY:
Nelda Merissaint
1104 Boston Avenue
Fort Pierce, FL 34950

Section(s): 5-368 (1) (3) (4) Property Maintenance
Section(s): 16-25 (C) Responsibility for Containers
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
Section(s): 22-187 (13) (b) Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (4) Parking on Other Than Pavement
Section(s): 16-46, 16-47, 16-48 (7) Nuisance as a Condition

Officer Andy Avery read the facts of the case and presented photos which were marked as exhibit 1. Danilo Ortega was sworn in for testimony. Mr. Ortega stated that he wants to do everything right and make additional home improvements, however, he needs more time. Staff was in agreement to allow him 90 days to comply the violations.

Motion was made by Frank M. Blandino that a violation does exist and that Danilo Ortega & Lurine Foster have committed or is responsible for the violations. He ordered that the violator has 90 days in which 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.

PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)

PUBLIC HEARINGS - LIEN REDUCTION REQUESTS

08-2600

508 N 14th Street

Calixt, Alcinne (TR)

Peggy Arraiz

Case Initiated:

July 25, 2008

Type of Presentation:

Lien Reduction Request

PREVIOUS OWNER:
Alcinne Calixt (TR)
C/O Reynard Millien
508 N 14th Street
Ft. Pierce, FL 34950

CURRENT OWNER:
XJD LLC
C/O Royston Dass
1528 SW Abingdon Avenue
Port St. Lucie, FL 34953

Section(s): 5-1.105.1 Permit Required

Peggy Arraiz read the facts of the case and went over the 7 criteria of Rule 17 of the Rules of Procedure. Ms. Arraiz stated that Mr. Dass has also been in front of the Code Board for another case; as well as, going before the City Commission for a demolition reduction. Mr. Dass has offered $500.00 to settle this lien, however, Staff is asking for $1000.00 to cover the administrative costs. Royston Dass was sworn in for testimony. He stated that he bought the property knowing there was liens and that the violations did exist. Once he made the repairs and brought the property into compliance, he sought a reduction on the liens. Special Magistrate considered his testimony but felt the city wasn't out of line by asking for the administrative costs to be covered.

Motion was made by Frank M. Blandino after reviewing the 7 criteria required by Rule 17 to recommend to the City Commission to reduce the lien to $1000.00 payable in 60 days. If not paid within that time the lien would revert back to the original amount.

14-0768

3111 Boston Avenue

Ortega, Danilo (TR)
Foster, Lurine (TR)

Peggy Arraiz

Case Initiated:

April 10, 2014

Type of Presentation:

Lien Reduction Request

OWNER:
Danilo Ortega (TR)
Lurine Foster (TR)
3549 SW Rivera Street
Port St. Lucie, FL 34953

↵Section(s): 5-369 Vacant Buildings
Section(s): 5-368 (1) Property Maintenance
Section(s): 5-368 (6) Fence Maintenance
Section(s): 22-67 (B) (5) Fence Maintenance-Permit Required

Peggy Arraiz read the facts of the case and went over the 7 criteria of Rule 17 of the Rules of Procedure. Ms. Arraiz stated that Mr. Ortega has offered $1000.00 to settle the lien and Staff is in agreement to accept that. Mr. Ortega had been sworn in for the previous case and stated that he wanted to continue making improvements on the property.

Motion was made by Frank M. Blandino after reviewing the 7 criteria required by Rule 17 to recommend to the City Commission to reduce the lien to $1000.00 payable in 60 days. If not paid within that 60 days the lien would revert back to its original amount.

REQUEST FOR EXTENSION OF TIME

14-1543

1709 N 16th Street

Sturrup, Alfredia

Peggy Arraiz

Case Initiated:

July 21, 2014

Type of Presentation:

Extension of Time

OWNER:
Alfredia Sturrup
P. O. Box 884
Loxahatchee, FL 33470

OCCUPIED BY:

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

Peggy Arraiz read the facts of the case into the record. Mr. Johnny Brown, the violator's uncle, came forward and affirmed that he would tell the truth. He stated that his niece, Alfredia Sturrup, was deceased and he was trying to get the property violations corrected. He stated that he needed more time due to the funeral costs of his niece and he was financially and physically unable to get everything done at once. Staff is in agreement to extend him an additional 120 days to get the violations corrected.

Motion was made by Frank M. Blandino that the request for an extension of time to comply with the requirements of the Special Magistrate’s Order Determining Violation dated November 7, 2014 be granted and extend the time for 120 days from today's date. If not complied within that time a fine will be imposed of $250.00 per day.

NEW BUSINESS

Peggy Arraiz mentioned that Officer Coss had left our department to go to the building department and we were very happy to have Terry Denmark back. Terry would be working again as our part-time code officer.

OLD BUSINESS

Respectfully submitted:

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