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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, July 15, 2015.
 
1.
CALL TO ORDER:
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Peggy Arraiz, Isaac Saucedo, and Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
15-0351
 		 308 North 19 Street Ceballo, Javier
Ceballo, Kenia		 Shaun Coss
 

Case Initiated:  February 23, 2015 Type of Presentation:  Regular

OWNER:
Javier Ceballo
Kenia Ceballo
1994 SE Floresta Drive
Port St. Lucie, FL 34983		 OCCUPIED BY:



 

Section(s):  5.1.105.1 Permit Required
Officer Shaun Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He stated that one permit was ready to be issued, the other one is ready for review.   Staff is requesting that the Special Magistrate issue 60 days to obtain the permits and comply with all conditions.   Javier and Kenia Ceballo were sworn in for testimony.  Special Magistrate Ross asked them if they were able to get this done within the time limit and they stated they were.  They were reminded that if the officer found they were making progress he had the ability to extend an additional 90 days.
 

Motion was made by Fran O. Ross that a violation does exist and that Javier Ceballo and Kenia Ceballo have committed or is responsible for the violations. She ordered that the violators be given 60 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 given, 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 the decision in the Circuit Court of St. Lucie County.
 

 
2.
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:
Jennifer J. & Willie Keith
Glenn R. Keith
1711 N 19th Street
Ft Pierce, FL 34950		 OCCUPIED BY:



 
 
  1. Section(s): 5-369 Vacant Buildings
 

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.
15-0443 2804 South 10th Street Morales, Adrian Shaun Coss

Case Initiated: March 20, 2015 Type of Presentation:  Regular

OWNER:
Adrian Morales
2804 South 10th Street
Ft. Pierce, FL 34982		 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.
 

 
4.
15-0576 711 South 12 Street (Front) Chernet, Addis
Chernet, Abebaychu		 Shaun Coss

Case Initiated:  April 10, 2015 Type of Presentation:  Regular

OWNER:
Addis Chernet
Abebaychu Chernet
5600 North Flagler Drive   Apt. 2601
West Palm Beach, FL 33407		 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.
 

 
6.
15-0596 528 South US Hwy 1 Lafferty, Gregg D.
Lafferty, Kimberly D.		 Shaun Coss

Case Initiated:  April 17, 2015 Type of Presentation: Regular

OWNER:
Gregg D. Lafferty
Kimberly D. Lafferty
6708 Santa Clara Blvd
Ft Pierce, Florida 34951		 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.
 

 
7.
15-0597 530 South US Hwy 1 Silver Shores Holding LLC Shaun Coss

Case Initiated:  April 17, 2015 Type of Presentation: Regular

OWNER:
Silver Shores Holding LLC
719 Shore Drive
Vero Beach, FL  32963		 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.
 

 
8.
15-0749
 		 1405 North 15 Street
 		 Mathieu, Josette
Joseph, Marie		 Shaun Coss
 

Case Initiated:  May 19, 2015 Type of Presentation: Regular

OWNER:
Josette Mathieu
Marie Joseph
6001 Spruce Drive
Ft. Pierce, FL  34982		 OCCUPIED BY:



 

  1. IPMC 506.1 & IPMC 506.2: Sanitary Drainage System
  2. IPMC 108.1.1 & IPMC 108.1.3: Unsafe Structures and Equipment 
  3. Section(s): 5-1.101.2 Unsafe Building
Josette Mathieu was sworn in as a Creole translator for this testimony.  Special Magistrate Ross made sure she understood that everything she said had to be repeated exactly and the same for the witness.  Marie Joseph was sworn in for testimony.   Shaun Coss proceeded to read in the facts of the case and explained that there is raw sewage on the ground, the septic and plumbing fixtures had been repaired with duct tape and there are two washing machines not properly hooked up.  Staff is requesting a licensed plumber be retained to make the necessary repairs and remove the washing machines from outside.  Ms. Joseph asked if she could have a written paper stating the washing machines were not allowed outside.  Peggy Arraiz stated if the Special Magistrate makes this as a part of her order, it will be included and given to her.  Special Magistrate Ross asked if there were children on the property.  She also asked how soon they could get the permits and contact a plumber to do the work.  Officer Isaac Saucedo came forward and stated that he had a case on this property also and he has seen young children.  Special Magistrate Ross stated that her main concern was the health issues because of the raw sewage and stated she would give them 15 days rather than the 10 staff was asking for.
 

Motion was made by Fran O. Ross that a violation does exist and that Josette Mathieu and Marie Joseph have committed or is responsible for the violations. She ordered that the violators be given 15 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 given, 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 the decision in the Circuit Court of St. Lucie County.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
1.
14-0338 1116 S 7th Street Nava, Noel Peggy Arraiz
 
Case Initiated:  February 20, 2014 Type of Presentation: Lien Reduction
 
OWNER:
Noel Nava
1116 S 7th Street
Ft. Pierce, FL 34950 		 OCCUPIED BY:
Carlson Family LLC
2103 Sunrise Blvd.
Ft. Pierce, FL 34950 

Section(s): 5-73 House Numbers.
Peggy Arraiz read in the facts of the case and went over the 7 Criteria of Rule 17.  She explained that the City has received $6,865.24 in excess funds from a tax deed sale and Noel Nava, Carlson Family LLC is requesting that we accept half of this check as settlement of this lien.  There is another lien pending for which they are requesting the City accept the balance of this payment as settlement.  Staff is in agreement with this request.
 

Motion was made by 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 $16,190.00 to $3,437.62 which has already been paid in excess funds from a tax deed sale.
 

 
2.
13-1046 1815 S 30th Street Pereira, Custodio Jr. Peggy Arraiz

Case Initiated:  July 8, 2013 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Custodio & Monica Pereira, Jr.
1815 S 30th Street
Ft. Pierce, FL 34947


 		 CURRENT OWNER:
David Buryanek
1811 S 30th Street
Ft. Pierce, FL 34948-3862


 

Section(s): 5-369 Vacant Buildings.
Peggy Arraiz explained that there were two cases that would be read in separately; however, would treat them as one. She then read the facts of the case for 13-1046.  Mr. Buryanek is the new owner.  He did the rehabilitation  and brought the property into compliance. The total amount of that lien is $47,040.00. She then read in the facts of the case for 14-0324.  The total amount of this lien is $63,540.00.  Mr. Buryanek is requesting that all fines be waived but it was explained to him that Staff  requested that administration costs be paid.  She then went over the 7 Criteria required by Rule 17 of the Rules of Procedure.  Staff is recommending a reduction to $2,500.00. 

David Buryanek was sworn in for testimony.  He asked to amend his original complaint.  He stated he was the original caller about the tree being ready to fall.  He purchased the property, cleaned it up and brought the property into compliance.  He was aware of the existing lien and asked if he could make payment arrangements for the $2,500.00.  Peggy Arraiz asked how long it would take him and then recommended reducing it by $800. more due to having a lot clearing lien also.  That will make the code reduction $1,700.00 and then the lot clearing of $800.00 making it a total of $2,500.00.  He agreed to that and asked to pay $300.00 per month.  Ms. Arraiz said they would recommend a period of 10 months for full payment.
 

Motion was made by Fran O. Ross after reviewing the 7 criteria required by Rule 17 to recommend to the City Commission to reduce the lien to $2,500.00 payable at $300.00 per month or a time period of 10 months. If not paid within this this time period the lien will revert back to its original amount.
 

 
3.
14-0324 1815 S 30th Street Pereira Jr., Custodio Peggy Arraiz

Case Initiated:  February 20, 2014 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Custodio & Monica Pereira, Jr.
1815 S 30th Street
Ft. Pierce, FL 34947		 CURRENT OWNER:
David Buryanek
1811 S 30th Street
Ft. Pierce, FL 34948-3862

Section(s): 5-370 Exterior Property and Landscaping
This case was combined with the previous case and the recommendation was made for both.
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
The hearing closed at 9:30 A.M.

Respectfully submitted:
Colleen Greer,
Secretary to the Special Magistrate