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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, OCTOBER 21, 2015.
 
1.
CALL TO ORDER:
Meeting called to order by Special Magistrate Ross 9:04 am.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Peggy Arraiz, Shaun Coss were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
2.
15-0480
 		 131 N 2nd Street 206
 		 Richard A Coke Investments LLC Shaun Coss
 
 
Case Initiated:  April 3, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Richard A Coke Investments LLC
131 N 2nd Street
Ft. Pierce, FL 34950		 INTERESTED PARTY:
Tenant
131 N 2nd Street #206
Ft. Pierce, FL 34950

Section(s): 5-1.105.1 Permit Required
 
1.
15-0479 131 N 2nd Street 202 Richard A Coke Investment LLC Shaun Coss
 
Case Initiated:  April 3, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Richard A Coke Investments LLC
131 N 2nd Street
Ft. Pierce, FL 34950		 INTERESTED PARTY:
Tenant
131 N 2nd Street #202
Ft. Pierce, FL 34950

Section(s): 5-1.105.1 Permit Required
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
3.
15-0624 2508 Avenue D McKinney, Mildred Shaun Coss

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

OWNER:
Mildred McKinney
19761 NW 88th Avenue
Miami Lakes, FL 33018		 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 304.13.2 Openable Windows
IPMC 304.18 Building Security
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems 
Building Department Investigator Shaun Coss read the facts of the case and presented photos which were marked as composite Exhibit 1. He stated that they had received a complaint from a tenant.  Ms. McKinney inherited the property from her daughter and she has made contact with a contractor to bring the property into compliance. 

Mildred Kelly McKinney was sworn in for testimony.  She asked if the permits were required before the inspector came out to check the work.  Mr. Coss confirmed that the permits were required not only before the inspection but also before the work was begun.  She agreed that 60 days should be enough time for her to get the permits.
 

Motion was made by Special Magistrate Fran O. Ross 

that a violation does exist and that Mildred McKinney 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.
15-0729 802 N 25th Street Hall, Christopher Shaun Coss

Case Initiated:  May 12, 2015 Type of Presentation: Regular: Cont. from 9/16 meeting

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
 

Motion was made by Special Magistrate 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.
15-0784 1610 N 25th Street, Unit 5 26 Investment LLC Shaun Coss

Case Initiated:  June 18, 2015 Type of Presentation: Regular

OWNER:
26 Investment LLC
20 Maple Avenue #30 B
Fair Lawn, NJ 07410		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Motion was made by Special Magistrate 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.
15-0786 1610 N 25th Street Unit #6 26 Investment LLC Shaun Coss

Case Initiated:  June 18, 2015 Type of Presentation: Regular

OWNER:
26 Investment LLC
20 Maple Avenue #30 B
Fair Lawn, NJ 07410		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Motion was made by Special Magistrate 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.
15-0788 1610 N 25th Street Unit #13 26 Investment LLC Shaun Coss

Case Initiated:  June 18, 2015 Type of Presentation: Regular

OWNER:
26 Investment LLC
20 Maple Avenue #30 B
Fair Lawn, NJ 07410		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Motion was made by Special Magistrate 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.
15-0789 1610 N 25th Street Unit #14 26 Investment LLC Shaun Coss

Case Initiated:  June 18, 2015 Type of Presentation: Regular

OWNER:
26 Investment LLC
20 Maple Avenue #30 B
Fair Lawn, NJ 07410		 OCCUPIED BY:


 

Section 5-1.105.1 Permit Required
 

Motion was made by Special Magistrate 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.
 

 
9.
15-0997 808 N 17 St, Units A&B Patil, Darshan Shaun Coss

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

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 Heal Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
Building Department Investigator Shaun Coss read the facts of the case and presented photos which were marked as composite Exhibit 1. He stated that they had received a complaint from a tenant that the owner had illegally converted the property into a duplex.  Mr. Patil has stated that the conversion was done before he purchased the property and that he did not know anything about the violations.  He has submitted the application for the permit and is working to get the violations corrected. 

Mr. Darshan Patil was sworn in for testimony.  He stated that he had just bought the property and did not know anything about the violations.  He only became aware of them after a tenant's complaint.  He did not believe he should be held responsible. 

Special Magistrate Ross said it was his responsibility to insure the building was habitable and that all conditions were safe and presented a healthy environment to live in.

Mr. Patil stated that he was in the process of getting things fixed and that 60 days should be enough time.
 

Motion was made by Special Magistrate Fran O. Ross that a violation does exist and that Darshan Patil 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.
 

 
10.
15-1032 1610 N 25th Street 26 Investment LLC Shaun Coss

Case Initiated:  July 7, 2015 Type of Presentation: Regular

OWNER:
26 Investment LLC
20 Maple Avenue
Fair Lawn, NJ 07410		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-368 Property Maintenance
 

Motion was made by Special Magistrate 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)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting adjourned 9:30 am.

Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate