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Minutes for Special Magistrate Ross 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 15, 2015.
 
1.
CALL TO ORDER:

Called to order at 9:00 AM.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS



 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:

Peggy Arraiz, Isaac Saucedo, and Paul Bertram.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
14-2155 2905 Dunbar Street Simonson, Robert & Franca Isaac Saucedo
 
Case Initiated:  October 23, 2014 Type of Presentation: COMPLIED
 
OWNER:
Robert & Franca Simonson
1273 NW 11TH St
Boynton Beach, FL 33509


 

Section(s): 5-368 (1) (4) Property Maintenance
 
2.
15-0290
 		 2200 S US Hwy
 		 McKnight, William D
McKnight, Kathryn A		 Isaac Saucedo
 
 
Case Initiated:  February 12, 2015 Type of Presentation:  COMPLIED
 
OWNER:
William D & Kathryn McKnight
P.O Box 1110
Brandon, FL 33509		 OCCUPIED BY:
Edward Sunoco Inc.
2200 S US Hwy 1
Fort Pierce, Fl 34950

1. Section(s): 5-368 (1) (4) Property Maintenance
2. Section(s): 5-368 (6) Fence Maintenance
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
14-2082 2010 Avenue N Kalinina, Anna
Fermilien, Francy		 Isaac Saucedo

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

OWNER:
Anna Kalinina
Francy Fermilien
2602 Newport Dr.
Fort Pierce, Fl 34982		 NEW ADDRESS:
Anna Kalinina
Francy Fermilien
1021 Beach Court
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-25 (C) Responsibility for Containers
Section(s): 5-368 (1)(4) Property Maintenance
Officer Isaac Saucedo read the facts of the case.  Photos were submitted and marked as Exhibit 1.  Francy Fermilien was sworn in for testimony.  He stated that he and his wife are new to this country and are just now learning what needs to be done.  He stated that he now understands what has to be done and that he could have it done within the time allotted.  Special Magistrate Ross reminded him that if the officer found they were working toward complying and he needed more time, the officer had the ability to extend additional time.
 

Motion was made by Special Magistrate Fran O. Ross  that a violation did exist for section(s) 16-46, 16-47, 16-48 (1) (5) & 16-25 (C) 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
 

 
2.
14-2381
 		 3603 Wilderness Drive
 		 Schmidt, Maryann
 		 Janey Singer / Paul Bertram
 

Case Initiated:  December 2, 2014 Type of Presentation: Regular

OWNER:
Maryann Schmidt
513 2nd Avenue
Lake Worth, FL 33460
 

Section(s): 22-192 (A), 22-177 Tree Removal
Peggy Arraiz stated she would present the case for Officer Singer and read the facts of the case in for the record.  Photos were offered into evidence and marked as a composite of 19 pages  Exhibit 1.  She explained that the case had been postponed several times due to the tree company, Tree Trimmers USA was cited with the property owner and the City was waiting for the results of that hearing.   This company is a sub-contractor of The Love Center which is known as a charitable organization.  Judge Barnes heard the case on April 10 and dismissed it.

Elaine Mulderrig, property maintenance manager for the complex, came forward and was sworn in for testimony.  She stated that she and her board learned after the fact that Ms. Schmidt had been sick and in the hospital shortly before contracting to have the trees cut.  She also stated that now they felt Ms. Schmidt had not been fully recovered at the time she contracted with the tree company. She has since replaced some of the plants.  Ms. Mulderrig stated that she and her board would be in agreement for Ms. Schmidt to maintain the replanted landscaping and replace any plants if they should die.  She said the plants would one day grow to be a buffer again. 

Ms. Arraiz stated that the City would be in agreement with this but would ask that Ms. Schmidt pay $250.00 to cover administrative fees.
 

Motion was made by Special Magistrate Fran O. Ross that a violation does exist for section(s) 22-192 (A) and 22-177 and that Maryann Schmidt has committed or is responsible for the violations. She ordered that the violator pay $250.00 for administrative costs and be put on notice that she must maintain the newly installed landscaping in a good condition and if any or all of it should die or become sickly it must be replaced. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.
 

 
4.
15-0400 951-949 Skylark Dr. Moreno, Milton & Monica Janey Vanderhorst
 
Case Initiated:  March 3, 2015 Type of Presentation: Regular
 
OWNER:
Milton & Monica Moreno
1649 SW Bay St.
Port St. Lucie, FL 34953		 OCCUPIED BY:
Tenants
951 Skylark Dr.
Ft. Pierce, FL 34982
OWNER:
Milton & Monica Moreno
1017 SW Spataro Ave.
Port St. Lucie, FL 34953		 OCCUPIED BY:
Tenants
949 Skylark Dr.
Ft. Pierce, FL 34982

Section(s): 5-368 (5) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(3)(5)(6)(7)(12)(13) Nuisance as a Condition
 

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.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
1.
08-0067 449 N 6th Street Mullings, Kermit J
Major, Benjamin H.		 Peggy Arraiz

Case Initiated:  January 4, 2008 Type of Presentation:  Lien Reduction

PREVIOUS OWNER:
Kermit J. Mullings & Benjamin H. Major
P. O. Box 223226
West Palm Beach, FL 33422		 CURRENT OWNER:
Jon Neprud
P. O. Box 3862
Ft. Pierce, FL 34948

Section(s): 5-368 Property Maintenance
Section(s): 23-41 Certificate of Appropriateness
Section(s): 8.5-43 Required Space in Dwelling Units
Section(s): 8.5-44 Sleeping Rooms
Peggy Arraiz read the facts of the case. Staff is in agreement to the offer of $2,500.00 as settlement as Mr. Neprud is the person who corrected the violations and there is no violations toward him personally.  She read the 7 Criteria of Rule 17 and stated the City was in agreement to the settlement offer but would ask that the Special Magistrate recommend to the City Commission to issue a partial release to the new owner and the balance would remain with the violators.
 

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 $449,820.00 to $2,500.00 payable in 60 days and to issue a partial release of lien with the balance remaining attached to the original violators. 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 stated that Officer Shaun Coss is no longer with our department; however, we will still be handling cases for him, as he is now with the Building Department.  We are happy to have Terry Denmark back with us.
 
9.
OLD BUSINESS
Meeting adjourned 10:00 AM.

Respectfully submitted:



Colleen Greer
Secretary to the Special Magistrate