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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, SEPTEMBER 16, 2015.
 
1.
CALL TO ORDER:
9:11 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-0728 1208 Avenue I 13th St Church of God Inc Shaun Coss
 
Case Initiated:  May 12, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
13th Street Church of God Inc
1902 N 13th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-368 Property Maintenance
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 402.3 Light-Other Spaces
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 602.2 Residential Heat Supply
IPMC 605.2 Electrical Receptacles
IPMC 605.3 Luminaries
 
2.
15-0907 1011 Antilles Avenue Covarrubias, Juan Janey Vanderhorst
 
Case Initiated:  June 16, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Juan M Covarrubias
1011 Antilles Avenue
Ft Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 5-368 (6) Fence Maintenance
 
3.
15-0997 808 N 17th St Unit A&B Patil, Darshan Shaun Coss
 
Case Initiated:  June 25, 2015 Type of Presentation:  Regular - CONTINUED
 
OWNER:
Darshan Patil
871 NE 207th Lane   Apt 201
Miami Beach, FL 33179		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-368 Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 304.13  Window & Door Frames
IPMC 304.13.2 Openable Windows
IPMC 304.14 Insect Screens
IPMC 304.15 Exterior Doors
IPMC 304.18.1 Building Security-Doors
IPMC 403.2 Bathrooms and Toilet Rooms Ventilation
IPMC 502.1 Required Facilities
IPMC 503.1 Toilet Room Privacy
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
 
4.
15-0992
 		 508 Holly Avenue
 		 Martin County Properties LLC Terry Denmark
 
 
Case Initiated:  June 24, 2015 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Martin County Properties LLC
265 Bermuda Beach Drive
Ft. Pierce, FL 34949		 OCCUPIED BY:
Yenni Rubio
508 Holly Avenue B
Ft. Pierce, FL 34950

Section(s): 22-187 (13) Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
12-1722 204 Dundas Court Mackey, Damion Shaun Coss

Case Initiated:  October 8, 2012 Type of Presentation: Regular

OWNER:
Damion Mackey
133 N 12th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
IPMC 108.1.2 Unsafe Equipment
IPMC 304.13 Window & Door Frames
IPMC 603.1 Mechanical Equipment
IPMC 304.14 Insect Screens
IPMC 304.18.1 Building Security-Doors
IPMC 305.4 Walking Surfaces
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
Shaun Coss read the facts of the case and presented photos which were marked as Composit Exhibit 1.  The initial inspection was in 2012 against the previous owner.  He explained in more detail what needed to be done to comply the violations and that Mr. Mackey will have to obtain the permit and comply with all conditions of the permit.

Mr. Damion Mackey was sworn in for testimony.  He stated that he was aware of the violations when he purchased the property and agreed that 60 days should be enough time to obtain the permit.
 

Motion was made by Fran O. Ross that a violation does exist and that Damion Mackey has committed or is responsible for the violations. She ordered that the violator has 60 days in which to apply for the permit and comply with the conditions of the permit. 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 her decision in the Circuit Court of St. Lucie County.
 

 
2.
12-1723 206 Dundas Court Mackey, Damion Shaun Coss

Case Initiated:  October 8, 2012 Type of Presentation: Regular

OWNER:
Damion Mackey
133 N 12th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
IPMC 108.1.2 Unsafe Equipment
IPMC 304.13 Window & Door Frames
IPMC 305.3 Interior Surfaces
IPMC 603.1 Mechanical Equipment
Shaun Coss read the facts of the case and presented photos which were marked as Composit Exhibit 1.  This was another case that was initiated in 2012 against the previous owner.  He explained in more detail what needed to be done to comply the violations and that Mr. Mackey will have to obtain permits for the previous violations. If the windows are not to code per the new energy requirements they will need to be replaced and a permit obtained for them also.

Mr. Damion Mackey was sworn in for testimony.  He stated that he was aware of the violations when he purchased the property and agreed that 60 days should be enough time to obtain the permit.
 

Motion was made by Fran O. Ross that a violation does exist and that Damion Mackey has committed or is responsible for the violations. She ordered that the violator has 60 days in which to apply for the permit and comply with the conditions of the permit. 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 her decision in the Circuit Court of St. Lucie County.
 

 
3.
15-0523 202 Dundas Court Mackey, Damion Shaun Coss

Case Initiated:  May 26, 2015 Type of Presentation: Regular

OWNER:
Damion Mackey
133 N. 12th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1  Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 304.5 Foundation Walls
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 305.2 Structural Members
IPMC 502.1 Required Facilities
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 704.1 Fire Protection Systems
Shaun Coss read the facts of the case and presented photos which were marked as Composit Exhibit 1.  He explained in more detail what needed to be done to comply the violations and that Mr. Mackey will have to obtain a permit for all repair jobs requiring separate permits and comply with the conditions of the permit.  Some of the violations existed in 2012 but some are more recent.  This property has severe violations such as no floor. 

Mr. Damion Mackey was sworn in for testimony.  He stated that he was aware of the violations when he purchased the property and he is responsible for some of them during his ownership.  He agrees that 60 days should be enough time to obtain the permit.
 

Motion was made by Fran O. Ross that a violation does exist and that Damion Mackey has committed or is responsible for the violations. She ordered that the violator has 60 days in which to apply for the permit and comply with the conditions of the permit. 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 her decision in the Circuit Court of St. Lucie County.
 

 
4.
15-0248 508 N 14th Street XJD LLC Shaun Coss
 
Case Initiated:  April 17, 2015 Type of Presentation: Regular
 
OWNER:
XJD LLC
1528 SW Abingdon Avenue
Port St. Lucie, FL 34953		 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.
15-0729 802 N 25th Street Hall, Christopher Shaun Coss

Case Initiated:  May 12, 2015 Type of Presentation: Regular

OWNER:
Christopher Hall
1509 N 24th Street
Ft. Pierce, FL 34950 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-368 Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.4 Wiring
IPMC 704.1 Fire Protection Systems
Shaun Coss read the facts of the case and presented photos which were marked as Composit Exhibit 1.  The complaint originated in August 2014 but a violation letter was never sent to Mr. Hall.  He explained in more detail what needed to be done to comply the violations.  Mr. Hall was notified officially in May of this year.  He has not been able to verify that the corrections have been made as the residents won't allow him to enter the building.  He will need to obtain a permit and comply with the conditions of the permit.

Mr. Christopher Hall was sworn in for testimony.  He stated that he did not know and thought he was grandfathered in to these violations.  He purchased the property in 2005 and never heard anything about the violations until this year.   He agreed to take care of the charges being brought and asked for more time.  Officer Coss asked if 60 days would be enough time and he said yes.  Staff agreed to recommend 60 days.
 

Motion was made by Fran O. Ross that, based on the fact the Mr. Hall did not receive notice until this year, the case be continued until the next meeting date to allow time for Mr. Hall to comply the violations.
 

 
7.
15-0737

 		 5205 & 5221 Okeechobee Rd
 		 Public Storage Inc

 		 Shaun Coss

 

Case Initiated:  May 13, 2015 Type of Presentation: Regular

OWNER:
Public Storage Inc.
Dept Pt Fl 20216
PO Box 25025
Glendale, CA 91221		 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.
15-0779
 		 1610 N 25th Street
 		 Probate Properties LLC
1610 Development LLC		 Terry Denmark
 

Case Initiated:  May 27, 2015 Type of Presentation:  Regular

OWNER:
Probate Properties LLC
1610 Development LLC
4491 Stirling Road.
Davie, FL 33312


















 		 OCCUPIED BY:
Shaquelle M Ryals
1610 N 25th Street   Apt. 8
Ft. Pierce, FL 34947

Sybill M Horne
1610 N 25th Street   Apt. 11
Ft. Pierce, FL 34947

Janet Gaines
1610 N 25th Street   Apt. 3
Ft. Pierce, FL 34947

Phylicia N Perry
1610 N 25th Street   Apt. 4
Ft. Pierce, FL 34947

Shirley M Bateman
1610 N 25th Street   Apt. 7
Ft. Pierce, FL 34947

Keyuna M Mobley
1610 N 25th Street   Apt. 12
Ft. Pierce, FL 34947

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Although the owner did not appear, one of the residents did appear to testify.  Officer Terry Denmark read the facts of the case and presented photos which were marked as exhibit 1. 

Shirley Bateman, formerly of 1610 N 25th Street, Apt. 7 was sworn in for testimony.  She stated that the house was very bad and she moved out because of the mildew.  She said the owners will not fix anything nor do they return phone calls.  Officer Denmark stated that the building department has 6 active cases against them which was confirmed by Shaun Coss and they are scheduled to go in front of the Special Magistrate or the Code Board next month. 

Steve McCain asked if the violations were caused by the owners or the tenants.  Officer Denmark stated most of it was caused by the tenants.  Ms. Bateman agreed that most of it was the tenants fault but stated that the outside storage belongs to the people who are doing work in the house without a permit. 
 

Motion was made by Fran O. Ross that a violation does exist for section(s) 16-46, 16-47, 16-48 (1) (5) and that Probate Properties LLC has committed or is responsible for the violations. She ordered that the violator has 15 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 $25.00 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 his decision in the Circuit Court of St. Lucie County.
 

 
9.
15-0780 1608 N 25th Street Probate Properties LLC Terry Denmark

Case Initiated:  May 27, 2015 Type of Presentation:  Regular

OWNER:
Probate Properties LLC
4491 Stirling Road #201
Davie, FL 33312-0000		 OCCUPIED BY:


 

Section(s): 5-368 (6) Fence Maintenance
 

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.
15-0814 2504 Avenue G New Covenant Prayer Ctr Terry Denmark
 
Case Initiated:  May 29, 2015 Type of Presentation:  Regular - STIPULATION
 
OWNER:
New Covenant Prayer Center
PO Box 2937
Ft. Pierce, FL 34954-2937		 OCCUPIED BY:
Bishop S. Fisher
1304 N 20th Street
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
A Stipulation was signed by the City and Respondent giving 30 days or until October 15, 2015 to comply or a fine of $25.00 per day will be assessed for each day the violation(s) continue past that date.
 
13.
15-0908 1411 N 25th Street  Apt 1-6 NH AND HM INC Shaun Coss

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

OWNER:
NH AND HM INC
6980 NW Denargo Street
Port St. Lucie, FL 34983		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Shaun Coss read the facts of the case and presented photos marked as Exhibit 1. He corrected the name of the property owner from NM to NH. He stated that the work was done by the previous owner who failed to obtain a permit.  Now they are having to determine whether the windows are impact resistant going by the new energy requirements of June 30th or if they have to install shutters. 

Abdel Hamid Mustafa was sworn in for testimony.  He stated that the original violations were against the previous owner.  He heard about the violations in 2013 but assumed they were not meant for him, but he recently received a letter from Mr. Coss stating he was responsible for the violations.  He did say he would try to get everything into compliance; however, he needed to consult with someone to help determine the action he needs to take and he needed more time.  Officer Coss extended the time to 90 days and Mr. Mustafa agreed this would be enough time.
 

Motion was made by Fran O. Ross that a violation does exist and that NM And HM INC has committed or is responsible for the violations. She ordered that the violator has 90 days in which to apply for the permit and comply with the conditions of the permit. 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 her decision in the Circuit Court of St. Lucie County.
 

 
15.
15-0776 309 N 23rd Street Brown, Jacqueline Terry Denmark

Case Initiated:  May 27, 2015 Type of Presentation:  Regular

OWNER:
Jacqueline Brown
309 N 23rd Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
 

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.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
1.
15-0105 2909 Sunrise Boulevard Shotto, Patricia Shaun Coss

Case Initiated:  January 14, 2015 Type of Presentation: Massey Hearing

OWNER:
Patricia Shotto
709 Emil Avenue
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
Prior to the presentation of the case Special Magistrate Ross disclosed that she knows Patricia Shotto and her family; however, this will not affect her decision regarding the case.

Shaun Coss read the facts of the case.  An inspection was made on May 20, 2015, the violations were not in compliance and the fines began.  On August 4, 2015 Staff received a letter contesting the fines.  He stated that Ms. Shotto has submitted the revisions for the permit and it's ready to be picked up. Staff would be willing to stop the fines at this time to allow her time to comply.

Patricia Shotto was sworn in for testimony.  She stated that she is waiting to hear if the windows that were installed will pass the inspection because if she has to put in different ones to comply with the new energy requirements, it's going to be expensive.  She was told by the building department that she has until October 1st to get the windows permitted.  This was confirmed by Margaret Arraiz.  Because she has been working to get this done and the permit has been issued Ms. Arraiz suggested that the Special Magistrate stop the fines from accruing and continue the case to allow Ms. Shotto the time she needs to comply the permit.  This was agreed to by all parties.
 

Motion was made by Fran O. Ross that the fines be stopped from accruing as of the date of hearing and continue this request until further notice to allow respondent time to obtain the permit and comply with the conditions of the permit. When the violations are complied, you can request another hearing and request a reduction/rescindment of the fines. Failure to obtain the permit or if you allow the permit to expire, results in the matter being brought back for further consideration.
 

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS

Meeting adjourned at 10:00 AM.
Respectfully submitted:
Colleen Greer