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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, July 1, 2015.
 
1.
CALL TO ORDER
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
Peggy Arraiz, Andy Avery, Janey Vanderhorst, and Shaun Coss.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-0229 1601 Wyoming Avenue Brown III, Buell L Janey Vanderhorst
 
Case Initiated:  February 4, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Buell L. Brown III
1601 Wyoming Ave
Fort Pierce, FL 34982 		 OCCUPIED BY:


 

Section(s): 5-371 Exterior Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5)Outside Storage
 
2.
15-0561 4501 S US Highway 1 St. Lucie Automotive Properties Shaun Coss
 
Case Initiated: April 9, 2015  Type of Presentation:  Regular - COMPLIED
 
OWNER:
St Lucie Automotive Properties
4950 Pocatella Avenue
North Port, FL 34287 
 		 OCCUPIED BY:
United Auto Sales of Ft Pierce
4501 S US Highway 1
Ft. Pierce, FL 34982 
 

Section(s): 5-1.105.1 Permit Required
 
3.
15-0607 1807 N 16th Court Luckey, Roy D. Terry Denmark
 
Case Initiated:  April 23, 2015 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Roy D Luckey
1807 N 16th Court  
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

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
 
4.
15-0510 2405 Avenue Q Alexander, Sandra M Terry Denmark
 
Case Initiated:  April 8, 2015 Type of Presentation: Regular - CONTINUED
 
OWNER:
Sandra M. Alexander
2304 Avenue P  
Ft. Pierce, FL 34950		 OCCUPIED BY:
James Adger
2405 Avenue Q
Ft. Pierce, FL 34950 

Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
 
5.
15-0582 1815 N 17th Street Hayling, Charles Jr. Terry Denmark
 
Case Initiated:  April 11, 2015 Type of Presentation: Regular - CONTINUED
 
OWNER:
Charles Hayling Jr.
1815 N 17th Street 
Ft. Pierce, FL 34950
 		 OCCUPIED BY:



 

Section(s): 22-187 (13) (b) Landscape Maintenance.
Section(s): 16-46, 16-47, 16-48 (3) Nuisance as an Object.
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
15-0562 4507 S US Highway 1 St. Lucie Automotive Properties Shaun Coss
 
Case Initiated:  April 9, 2015 Type of Presentation: Regular
 
OWNER:
St. Lucie Automotive Properties
4950 Pocatella Avenue
North Port, FL 34287		 OCCUPIED BY:
The Motor Shop
4507 S US Highway 1
Ft. Pierce, FL 34982

Section(s) 5-1.105.1 Permit Required
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He 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.
 

 
2.
15-0474 750 Tumblin Kling Rd. Pines Whisper LLC Shaun Coss
 
Case Initiated:  April 1, 2015 Type of Presentation: Regular
 
OWNER:
Pines Whisper LLC
% Elon Property Mngmt
590 West Kennedy Blvd 2nd Fl
Lakewood, NJ 08701 		 OCCUPIED BY:



 

Section(s) 5-1.105.1 Permit Required
Officer Shaun Coss read the facts of the case and presented photos which were taken on 4/1/15 and marked as  Exhibit 1.  Steven Douglas was sworn in for testimony.  He stated that a tree fell on the property after the storm.  He hired a company out of Phoenix to do the repairs and thought they would take care of the permitting.  They  began to do the repairs to the roof but a stop work order was issued because they did not get the permits.  Officer Coss stated they had applied for the permit but it has not been approved yet.  The City is asking for 30 days to obtain a permit and comply with all permit conditions.  Mr. Douglas agreed that this should be sufficient enough time.
 

Motion was made by Frank M. Blandino that a violation does exist and that Pines Whisper LLC have committed or is responsible for the violations. He ordered that the violator has 30 days to obtain a permit and comply with all permit conditions. In the event the violations are not cured or complied within the time period a fine of $100.00 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.
 

 
3.
15-0513 2050 Oleander Ave #204 Rockhead Properties Inc. Shaun Coss
 
Case Initiated:  April 6, 2015 Type of Presentation: Regular
 
OWNER:
Rockhead Properties Inc.
6953 Hancock Dr.
Port St. Lucie, FL 34952 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Ordinance 5-368(1) Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 602.3 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He 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.
 

 
4.
15-0514 1003 Ohio Avenue Estinvil, Sylvain Shaun Coss

Case Initiated:  April 6, 2015 Type of Presentation: Regular

OWNER:
Sylvain Estinvil
603 S. 24th St.
Ft. Pierce, FL 34950 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-368 Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 303.1 Swimming Pools
IPMC 304.13 Window & Door Frames
IPMC 504.1 Plumbing Fixtures
IPMC 605.1 Electrical Equipment
IPMC 704.1 Fire Protection Systems
Officer Shaun Coss read the facts of the case and stated they received this as a tenant complaint.  Photos were presented and marked as composite exhibit 1.  There were many violations. Officer Coss spoke to the owner who said they had hired a new contractor who was supposed to come in and get a permit.  Emilie Alouption who is a friend and church member of owner said they were working with a contractor;  Lloyd Constance of Andros Construction Company. At this time they have not applied for the permit. Staff is asking for 30 days to obtain a permit and comply with all permit conditions.
 

Motion was made by Frank M. Blandino that a violation does exist and that Sylvain Estinval has committed or is responsible for the violations. He ordered that the violator has 30 days to obtain a permit and comply with all permit conditions. In the event the violations are not cured or complied within the time period a fine of $100.00 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.
 

 
5.
15-0532 1211 N 19th Street Mcgriff, Annie J (Est) Isaac Saucedo

Case Initiated:  April 8, 2015 Type of Presentation:  Regular

OWNER:
Annie J Mcgriff
1211 N 19th Street
Ft, Pierce, FL 34950






 		 OTHERS:
Corwyn A. McNeil
901 N 39th Street
Ft. Pierce, FL 34947

Charles L. McNeil
C/O St. Lucie County Jail
900 Rock Road
Ft. Pierce, FL 34945

 

Section(s): 5-369 Vacant Buildings
 

Motion was made by Frank M. Blandino that the violations do exist and the violators who are not present are deemed to have admitted guilt. He 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.
 

 
6.
15-0356 805 Texas Court Ewen, Dennie P & Vanessa  Andy Avery

Case Initiated:  March 25, 2015 Type of Presentation:  Regular

 
OWNER:
Dennie P Ewen II & Vanessa Ewen
805 Texas Court
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Officer Andy Avery read the facts of the case for the record and presented photos which were marked as composite exhibit 1.  He originally gave them 10 days to comply but after learning that Mr. Ewen has been ill and his wife is currently in the hospital he is willing to extend the time to 30 days and if not complied a fine of $25.00 per day would be assessed. 

County Commissioner Chris Dzadovsky was sworn in as a witness.  He stated he was the owner of 1209 Texas Court and he had been in contact with the neighbors who wanted him to represent them to the city.  He stated that some type of illegal recycling operation is taking place and this is a part of the cause for the degradation of the community.  These violations do exist and the neighborhood is degraded because of it.  Commissioner Dzadovsky stated that the County has increased its penalties and have become harsher in terms of enforcement and recommended the City do likewise.  Code Compliance Manager Peggy Arraiz stated that the City Commission has moved in the opposite direction, actually reducing code enforcement penalties. It would be up to the local residents to contact their Commissioner and request a change in policy.  In the meantime we have to follow the rules of procedure for this case.
 

Motion was made by Frank M. Blandino that a violation does exist and that Dennie P. Ewen II & Vanessa Ewen have committed or are responsible for the violations. He ordered that the violators have 30 days to correct the violations or a fine of $25.00 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.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
There being no further business, the meeting adjourned at 9:40 AM.


Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate