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Minutes for Special Magistrate Blandino Hearing

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 9:05 A.M. ON WEDNESDAY, AUGUST 5, 2015.
 
1.
CALL TO ORDER
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
14-1129 611 Maple Avenue Chagani, Aziz Shaun Coss

Case Initiated:  June 5, 2014 Type of Presentation: Regular

OWNER:
Aziz Chagani
1215 Kentucky Avenue
Ft. Pierce, Florida 34950
OCCUPIED BY:


 

IPMC 108 International Property Maintenance Code
IPMC 302.3 Sidewalks and driveways
IPMC 304.7 Roofs and drainage
IPMC 304.12 Handrails and guards
IPMC 306.1 Component Serviceability
IPMC 605.2 Receptacles
 

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.
15-0482 2911 Carver Street Argrett, Ronald & Shirlene Shaun Coss

Case Initiated:  April 3, 2015 Type of Presentation: Regular

OWNER:
Ronald & Shirlene Argrett
1504 Juanita Avenue
Ft. Pierce, FL 34946-1254
OCCUPIED BY:


 

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.
 

 
3.
15-0518 302 S 33nd Street Moreno, Pedro Shaun Coss

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

OWNER:
Pedro Moreno
3205 Boston Avenue
Ft. Pierce, FL  34950
OCCUPIED BY:


 

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.
 

 
4.
15-0519 204 S 30th Street Chowdhury, Nuraa & Nure Shaun Coss

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

OWNER:
Nuraa & Nure T Chowdhury
204 S 30th Street
Ft. Pierce, FL 34947
OCCUPIED BY:


 

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.
 

 
5.
15-0599 1401 N US Highway 1 Kraaz & Kraaz Finance Inc. Shaun Coss

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

OWNER:
Krass & Krass Finance, Inc.
124-A N 2nd Street
Ft. Pierce, FL 34950
OCCUPIED BY:
Reach Thrift
1401 N US Highway 1
Ft. Pierce, FL 34950 

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.
 

 
6.
15-0753 611 Maple Avenue Chagani,Aziz Shaun Coss

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

OWNER:
Aziz Chagani
1215 Kentucky Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

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.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
1.
14-0371 1117 Orange Avenue Stately Dolphin LLC Peggy Arraiz

Case Initiated:  February 24, 2014 Type of Presentation: Massey Hearing

OWNER:
Stately Dolphin LLC
4261 13th Street
Wyandotte, MI 48192
OCCUPIED BY:


 

Section(s): 5-368 (4) Property Maintenance
Section(s): 5-369 Vacant Buildings
Peggy Arraiz read the facts of the case. She stated that she had met with Mr. Doverspike prior to the hearing and they have agreed to pay the administrative fees of $1,200.00. She then went over the 3 criteria necessary in making a decision for reduction.

Ivan Doverspike, the owner and Curtis Paulson, property manager were sworn in for testimony.  Mr. Doverspike stated that the biggest problem is that he lives in Michigan and by the time  the notice of violation reaches him the time for compliance has expired.  He has asked the department to notify Mr. Paulson of any violations and he would see that things were taken care of.  He did ask that Special Magistrate reduce the fines even more; however, Special Magistrate Blandino felt Staff was being more than fair in reducing them to $1,200.00.  Mr. Doverspike said that it was fair and asked for 60 days to pay.
 

Motion was made by Frank M. Blandino that after reviewing the 3 criteria required by Rule 16, the fines be reduced to $1,200.00 payable within 60 days. If not paid the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.
 

 
2.
14-0604 3500 Juan Ortiz Circle Toomer, William D Peggy Arraiz

Case Initiated:  March 17, 2014 Type of Presentation: Massey Hearing

PREVIOUS OWNER:
William D. Toomer
3500 Juan Ortiz Circle
Ft. Pierce, FL 34947
CURRENT OWNER:
Duane & Leonore Howard
10703 Hollaway Dr.
Upper Marlboro, MD 20772

Section(s): 16-46, 16-47, 16-48 (7) Nuisance as a Condition
Section(s): 16-46, 16-47, 16-48 (8) Nuisance - Stagnant Water
Section(s): 5-370 Exterior Property and Landscaping
Section(s): 5-368 (4) Property Maintenance
Peggy Arraiz read the facts of the case and went over the 3 Criteria required by Rule 16 in making a decision on whether or not to reduce the fines.  She stated that as there were no liens recorded Staff would be agreeable to accepting the administrative costs which is approximately $1,500.00.

Duane Howard, the new owner of property was sworn in for testimony.  Mr. Howard stated they he and his wife were aware of the fines prior to purchasing the  home.  So far they have invested approximately $6,500.00 into the home and will be investing more in order bring the home up to standards.  He also stated that they were excited in making this move and hoped to be productive citizens to the community.  He did ask for an additional reduction; however Special Magistrate Blandino stated that Staff has been more than generous to reduce the fines to administrative costs and he saw no need to reduce them more.
 

Motion was made by Frank M. Blandino that after reviewing the 3 criteria required by Rule 16 and considering the facts, the fines be reduced to $1,500.00 payable within 60 days. If not paid the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.
 

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
1.
14-1660 719 Texas Court Platts, Jennifer J. Andy Avery

Case Initiated: August 11, 2014 Type of Presentation: Extension of Time

OWNER:
Jennifer J Platts
719 Texas Court
Ft. Pierce, FL 34950
OCCUPIED BY:
Charles Price
719 Texas Court
Ft. Pierce, FL 34950

Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 5-370 Exterior Property and Landscaping
Section(s): 22-187 (13) Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (10) Nuisance as a Condition
Andy Avery read the facts of the case into the record.  He stated that Mr. Price has been making attempts to get everything done; however the roof consumed most of his funds.  Officer Avery did extend his administrative authorization to grant an additional 90 days but he has not been able to get the work completed.  He has asked for additional time and Staff is in agreement to extending an additional 90 days providing Special Magistrate agrees.  Photos were presented and marked as composite exhibit 1.

Mr. Charles Price was sworn in for testimony.  He stated that his health and finances were keeping him from being able to comply within the time that was given to him.  He stated that he has lined up some help now and has someone who is going to do the painting but he needs more time. 
 

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 January 7, 2015 be granted and extend the time for 90 days from today's date. If not complied within that time a fine will be imposed of $250.00 per day.
 

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting was adjourned at 9:15 A.M.

Respectfully submitted:

Colleen Greer