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, MAY 20, 2015.
1.
CALL TO ORDER
Called to order at 9:00 AM.
Called to order at 9:00 AM.
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 15-0106 | 2712 S US Highway 1 | Pacos Tacos Ft. Pierce LLC | Shaun Coss |
| Case Initiated: | January 14, 2015 | Type of Presentation: | Regular |
| OWNER: Pacos Tacos Ft Pierce LLC 1826 S US Highway 1 Vero Beach, FL 32960 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Complied
2.
| 15-0387 | 1011 Martinique Avenue | Calderon, Irene | Janey Vanderhorst |
| Case Initiated: | March 13, 2015 | Type of Presentation: | Regular |
| OWNER: Irene Calderon 2817 Sunrise Boulevard Fort Pierce, FL 34982 |
OCCUPIED BY: Tenants 1011 Martinique Avenue Fort Pierce, FL 34982 |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Complied
3.
| 15-0463 | 3001 Carver Street | Everett, Mary J. | Isaac Saucedo |
| Case Initiated: | March 27,2015 | Type of Presentation: | Regular |
| OWNER: Mary J Everett 3001 Carver Street Fort Pierce, Fl 34947
|
Section(s): 5-368 Property Maintenance
Section(s): 2011 NEC Temporary Lighting
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Complied
4.
| 15-0431 |
1711 N 19th Street |
Keith, Willie Keith, Jennifer J Keith, Glenn R |
Isaac Saucedo |
| Case Initiated: | March 18, 2015 | Type of Presentation: | Regular |
| OWNER: Willie, Jennifer J. & Glenn R. Keith 1711 N 19th St Fort Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-369 Vacant Buildings
Continued
4.
PUBLIC HEARINGS - VIOLATION CASES
1.
| 15-0105 |
2909 Sunrise Boulevard |
Shotto, Patricia |
Shaun Coss |
| Case Initiated: | January 14, 2015 | Type of Presentation: | Regular |
| OWNER: Patricia Shotto 709 Emil Ave Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Prior to Officer Coss presenting his case, Special Magistrate Ross disclosed that she knew the Shotto family, but was comfortable with hearing the case. There were no objections by the City or anyone present in the chambers room. Officer Coss proceeded to read the facts of the case and presented photos which were marked as Exhibit 1. Patricia Shotto was sworn in for testimony. She stated that she had bought the property in August and after her son installed a new door she found out she needed a permit. When the inspector went out he noticed the other doors and windows and said permits had never been issued for them either. She stated that these installations were done prior to her purchasing the house and she felt they were not her responsibility. She did state that she did not get an inspection of the house prior to purchase. Officer Coss stated that the violations go with the property and she, as the new owner, is now responsible for the permits. Special Magistrate Ross asked if she could get this done within 60 days and if Officer Coss found the work was showing progress he could extend her another 90 days to complete. Ms. Shotto said if this is what she had to do she could get it done.
2.
| 15-0186 | 1116 N 16th Court | Douceur, Moliere & Elicia | Shaun Coss |
| Case Initiated: |
February 2, 2015 |
Type of Presentation: |
Regular |
| OWNER: Moliere & Elicia Douceur 1116 N 16th Ct. Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Motion was made by Fran O. Ross
that the violations do exist and the violators who are not present are deemed to have admitted guilt. She 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.
3.
| 15-0327 | Peters Road | Florida Furniture Mart LLC | Andy Avery |
| Case Initiated: | February 17, 2015 | Type of Presentation: | Regular |
| OWNER: Florida Furniture Mart LLC % Brad Lail 2258 Hwy 70 SE Hickory, NC 28602 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Nuisance as a Condition
Officer Andy Avery read the facts of the case. Richard D. Sneed, Jr., counsel for the defense stipulated that they would have the violations cured within 30 days.
Motion was made by Fran O. Ross that a violation does exist and that Florida Furniture Mart LLC has committed or is responsible for the violations. She ordered that the violator has 30 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 $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 her decision in the Circuit Court of St. Lucie County.
4.
| 15-0328 |
2551 Peters Road |
Florida Furniture Mart LLC |
Andy Avery |
| Case Initiated: | February 17, 2015 | Type of Presentation: | Regular |
| OWNER: Florida Furniture Mart LLC % Brad Lail 2258 Hwy 70 SE Hickory, NC 28602 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Nuisance as a Condition
Officer Andy Avery read the facts of the case. Richard D. Sneed, Jr., counsel for the defense stipulated that they would have the violations cured within 30 days.
Motion was made by Fran O. Ross that a violation does exist and that Florida Furniture Mart LLC has committed or is responsible for the violations. She ordered that the violator has 30 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 $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 her decision in the Circuit Court of St. Lucie County.
5.
| 15-0331 | 209 Hialeah Avenue | Chagani, Aziz | Shaun Coss |
| Case Initiated: | February 18, 2015 | Type of Presentation: | Regular |
| OWNER: Aziz Chagani 1215 Kentucky Avenue. Fort. Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Officer Coss read the facts of the case and presented pictures which were marked as composite Exhibit 1. Aziz Chagani was sworn in for testimony. Officer Coss stated that a permit was applied for but was rejected in March. The contractors are meeting again today.
6.
| 15-0364 | 1048 Martinique Avenue | Esquivel, Aureliano | Janey Vanderhorst |
| Case Initiated: | March 2, 2015 | Type of Presentation: | Regular |
| OWNER: Aureliano Esquivel 1048 Martinique Avenue Ft. Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (4) Parking on Other Than Pavement
Section(s): 16-25 (C) Responsibility for Containers
7.
| 15-0401 |
1010 Boston Avenue |
Samuells, William R & Samuels, William C |
Shaun Coss |
| Case Initiated: | March 3, 2015 | Type of Presentation: | Regular |
| OWNER: William R Samuells William C Samuels 1010 Boston Ave. Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section: 5-1.105.1 Permit Required
Officer Coss read the facts of the case and presented photos which were marked as composite Exhibit 1. Mr. William R. Samuells came forward and was sworn in for testimony. He stated that William C. Samuels was his son and he was in the Air Force and unavailable. He stated that he has been ill and has had surgery; that he is financially unable to take care of the repairs and permits. After listening to Mr. Samuells testimony Special Magistrate Ross asked if there were any charitable organizations available to help him out and asked if Mr. Coss would make an effort to find one such as the World Changers, Habitat for Humanities, Veterans, etc.
8.
| 15-0420 | 611 Maple Avenue | Chagani, Aziz | Shaun Coss |
| Case Initiated: | March 11, 2015 | Type of Presentation: | Regular |
| OWNER: Aziz Chagani 1215 Kentucky Ave Ft Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Officer Coss read the facts of the case and stated that a stop work order was issued in March because although no permit is required for most roof repairs if it is more than 25% of the roof it does need a permit. Photos were presented and marked as composite Exhibit 1. Mr. Chagani; who had been sworn in the previous case, stated that he wanted to replace the roof but needed more time.
9.
| 15-0433 | 121 N 12th Street | Fields of Dreams LTD | Isaac Saucedo |
| Case Initiated: | March 19, 2015 | Type of Presentation: | Regular |
| OWNER: Fields of Dreams LTD 2201 Canal Road Palm Beach Gardens, FL 33410 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (9)(13) Nuisance as a Condition
Motion was made by Fran O. Ross that the violations do exist and the violators who are not present are deemed to have admitted guilt. She 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.
10.
| 15-0621 | 1803 S 25th Street | Family Coil Laundry Inc | Andy Avery |
| Case Initiated: | April 21, 2015 | Type of Presentation: | Regular |
| OWNER: Family Coin Laundry Inc. 141 SW Langfield Avenue Port St. Lucie, FL 34984 |
OTHER PARTY: Ashburn Royce Registered Agent 1823 S 28th St. Fort Pierce, FL 34947 |
Section(s): 22-192 (A), 22-177 Tree Removal
Family Coin Laundry, Inc. signed a stipulation prior to the case being presented.
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
7.
REQUEST FOR EXTENSION OF TIME
1.
| 14-1516 | 2610 Atlantic Avenue | Baker, Irma (EST) | Andy Avery |
| Case Initiated: | July 18, 2014 | Type of Presentation: | Extension of Time |
| OWNER: Irma S Baker (Est) % Wilford Sloan Jr. 3107 Citrus Avenue Ft. Pierce, FL 34947 |
OCCUPIED BY: Wilford Sloan, Jr. 3107 Citrus Avenue Ft. Pierce, FL 34947 |
Section(s): 5-368 (1) (4) Property Maintenance, 16-46, 16-47, 16-48 (1) (5) Outside Storage, 5-370 Exterior Property and Landscaping.
Officer Avery read the facts of the case and explained that JoAnn Sloan is the current owner of the property and that both Irma S Baker and Wilford Sloan Jr. are deceased. Mrs. Sloan needs additional time to comply the violations. He has extended his administrative authorization to grant a 90 day extension and she was told if she needed more time she would have to present a written request to the Special Magistrate which she has done.
Motion was made by Fran O. Ross to grant the request for an extension of time to 90 days within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated October 15, 2014.
8.
NEW BUSINESS
9.
OLD BUSINESS
1.
| 14-2258 |
606 Azalea Avenue |
McKenzie, Robert Jr McKenzie, Barbara |
Janey Vanderhorst |
| Case Initiated: | November 6, 2014 | Type of Presentation: | Recall |
| OWNER: Robert McKenzie Jr. Barbara McKenzie 911 Skylark Dr. Fort Pierce, FL 34982 |
OCCUPIED BY: Vacant |
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
Peggy Arraiz explained that this case was first heard in February and the Special Magistrate continued it together with case no. 14-2261 until proof of bankruptcy could be obtained. She further read the facts of the case and explained that the house is currently in the violators name, although the mortgage company is attempting to foreclose on it. Photos were offered and marked as composite Exhibit 1. Mr. Robert McKenzie Jr. came forward and was sworn in for testimony. He stated that the mortgage company was supposed to have secured and maintain the property but since they don't have the title they won't do the work.
Steve McCain explained that past circumstances like this resulted in the Special Magistrate issuing an order in Rem, meaning that the fines go against the property not the owner.
Steve McCain explained that past circumstances like this resulted in the Special Magistrate issuing an order in Rem, meaning that the fines go against the property not the owner.
Motion was made by Fran O. Ross found that a violation does exist and that Robert McKenzie Jr. and Barbara McKenzie have committed or is responsible for the violations. She ordered that the violators have 30 days to comply with the city code of ordinances. Failure to correct such violations then, pursuant to §162.09 (1), Fla.Stat., will result in the administration of the City of Fort Pierce, Florida being notified of the findings and ruling specified in this Order, and recommended that they make all reasonable repairs at the real property which are required to bring the building at the real property into compliance and otherwise abate the serious condition of such building and to direct in Rem the charges against the property and not the property owner.
2.
| 14-2261 |
606 Azalea Avenue |
McKenzie, Robert Jr. McKenzie, Barbara |
Janey Vanderhorst |
| Case Initiated: | November 6, 2014 | Type of Presentation: | Recall |
| OWNER: Robert McKenzie Jr. Barbara McKenzie 911 Skylark Dr. Fort Pierce, FL 34982 |
OCCUPIED BY: Vacant |
Section(s): 5-368 (1) Property Maintenance
Section(s): 5-369 Vacant Buildings
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 22-187 (13) Landscape Maintenance
This case is combined with case no. 14-2258 and being addressed together.
Respectfully submitted:
Colleen Greer, Secretary to the Special Magistrate
_______________________________________________
Colleen Greer, Secretary to the Special Magistrate
_______________________________________________