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Minutes for Special Magistrate Ross 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 9:00 A.M. ON WEDNESDAY, AUGUST 19, 2015.

SPECIAL MAGISTRATE BLANDINO SAT IN FOR SPECIAL MAGISTRATE ROSS TODAY.
 
1.
CALL TO ORDER: 9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Peggy Arraiz, Janey Vanderhorst, and Shaun Coss were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-0578 903 Sunrise Blvd. PFJ Enterprises LLC Shaun Coss
 
Case Initiated:  April 10, 2015 Type of Presentation: Regular: Complied
 
OWNER:
PFJ Enterprises LLC
PO BOX 990021
Naples, Florida 34116
OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
 
2.
15-0608 1906 N 16th Court Graham, Barbara G Terry Denmark
 
Case Initiated: April 23, 2015 Type of Presentation: Regular: Complied
 
OWNER:
Barbara G Graham
1906 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
 
3.
15-0704 1602 N 17th Street Hall, Charles Sr Terry Denmark
 
Case Initiated:  May 13, 2015 Type of Presentation:  Regular: Continued
 
OWNER:
Charles Hall Sr
1602 N 17th Street 
Ft. Pierce, FL 34950
OCCUPIED BY:


 
 
  1. Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
  2. Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
  3. Section(s): 16-46, 16-47, 16-48 Nuisance as an Object
 
4.
15-0774 1003 N 21st Street Todd, Chasity Terry Denmark
 
Case Initiated: May 27, 2015 Type of Presentation: Regular: Continued
 
OWNER:
Chasity Todd
1003 N 21st Street
Ft. Pierce, FL 34947
OCCUPIED BY:
Azell Latimore
1003 N 21st Street
Ft. Pierce, Fl 34947
Chasity Todd
2954 SE Indian Street
Stuart, FL 34997-5126
 

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
 
5.
15-0833 1909 N 16th Street Kessler, Harold Isaac Saucedo
 
Case Initiated:  June 4, 2015 Type of Presentation: Regular: Continued
 
OWNER:
Harold Kessler
1909 N 16th Street
Ft. Pierce, FL 34950 
OCCUPIED BY:
 

 

Section(s): 5-368 (1) (4) Property Maintenance
 
6.
15-0882
 
1103 York Avenue
 
Michaud, Liphete & Wilguerre Janey Vanderhorst
 
 
Case Initiated:  June 15, 2015 Type of Presentation:  Regular: Pulled
 
OWNER:
Liphete & Wilguerre Michaud
1103 York Avenue
Ft. Pierce,  FL 34982

 

Section(s): 5-368 (6) Fence Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 22-187 (13) (a)(b) Landscape Maintenance
Section(s): 5-368 (4) Property Maintenance
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
15-0535 1020 Tortugas Avenue Federal National Mortgage Assoc. Janey Vanderhorst
 
Case Initiated:  June 3, 2015 Type of Presentation:  Regular
 
OWNER:
Federal National Mortgage Assoc
14221 Dallas Parkway Ste 1000
Dallas, TX 75254 

 

Section(s): 5-368 (1) Property Maintenance
 

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.
15-0600 315 N 19th Street Baltazar, Rosalina Shaun Coss

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

OWNER:
Rosalina Baltazar
315 N 19th Street
Fort Pierce, Florida 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 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13.2 Openable Windows
IPMC 402.3 Light-Other Spaces
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.3 Luminaires
IPMC 704.2 Smoke Alarms
 

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.
15-0727 1703 N 15th Street Regeneration Properties Inc Shaun Coss
 
Case Initiated:  May 12, 1015 Type of Presentation: Regular
 
OWNER:
Regeneration Properties Inc
11295 175th Road N
Jupiter, Florida 33478
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-368 Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
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.
15-0822 315 N 19th Street Baltazar, Rosalina Shaun Coss
 
Case Initiated:  June 2, 2015 Type of Presentation: Regular
 
OWNER:
Rosalina Baltazar
315 N 19th Street
Fort Pierce, Florida 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.
15-0839 917, 919, 921 Avenue J Omer, Orit & Gail Isaac Saucedo
 
Case Initiated:  June 5, 2015 Type of Presentation: Regular
 
OWNER:
Orit & Gail Omer
PO Box 600086
North Miami Beach, FL 33160
OCCUPIED BY:


 

Section(s): 5-368 (1) Property Maintenance
Section(s): 5-368 (6) Fence Maintenance
Section(s): 5-369 Vacant Buildings
David Hernandez, Property Manager and Code Enforcement Officer Isaac Saucedo signed a stipulation this date stating the following items would be fixed:
  • the cracked walls where deterioration has occurred
  • remove or replace fence where deterioration has occurred
  • properly secure all windows and doors with exterior grade plywood and paint plywood to match the color of the apartments
The owner has 45 days to obtain a permit and comply with all conditions of the permit. Failure to do so shall result in a fine pursuant to Section 162.09, Fla. Stat., at a daily cumulative rate of $150.00 per day. 
 
6.
15-0858 1021 Avenue M Reno, Jan Isaac Saucedo
 
Case Initiated: June 10, 2015 Type of Presentation: Regular
 
OWNER:
Jan Reno
PO Box 1460
Bastrop, TX 78602
OCCUPIED BY:


 

Section(s): 5-368 Property Maintenance
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.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
1.
14-0279 1908 Delaware Avenue Pachtman, David & Jennifer Andy Avery
 
Case Initiated:  February 10, 2014 Type of Presentation: Massey
 
OWNER:
David & Jennifer Pachtman
Charles Lupari
16651 Westwood Lane
Weston, FL 33326
OCCUPIED BY:



 

Section(s): 5-368 (1) Property Maintenance
Section(s): 5-369 Vacant Buildings
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.

David Pachtman was sworn in for testimony.  He stated that he turned all of his properties over to the bank and filed chapter 7 bankruptcy.  The bank foreclosed on the properties.  When he recently applied for a loan he learned that the bank had dismissed the foreclosure on the subject property.  He stated the property is vacant and needs a lot of fixing up.  He asked the Special Magistrate to either rescind or reduce the fines more.

Staff, Mr. Pachtman, and Special Magistrate Blandino agreed to reduce the fines to $650.00 and Mr. Pachtman said he could pay this amount today.
 

Motion was made by Frank M. Blandino after reviewing the 3 criteria required by Rule 16 and after considering the facts he ordered the fines be reduced to $650.00 payable within 30 days. If not paid within this time frame 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
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS

Meeting was adjourned 9:15 AM.  The next meeting is September 16, 2015.

Respectfully submitted:
Colleen Greer