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Minutes for Special Magistrate Blandino 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, DECEMBER 2, 2015.
 
1.
CALL TO ORDER:
9:08 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Andy Avery, Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
10-0211 1812 S 27th Street McGathey,  Katrina A
Buccaneer Building Corp		 Shaun Coss
 
Case Initiated:  June 5, 2015 Type of Presentation: Regular - CONTINUED
 
OWNER:
Katrina A McGathey
Buccaneer Building Corp
1812 S 27th Street
Ft Pierce, FL 34947		 OCCUPIED BY:



 

Section(s):  5-1.105.1 Permit Required
 
2.
15-1116
 		 2512 Wilkins Avenue
 		 Saint Lucie Building Trust LLC Shaun Coss
 
 
Case Initiated:  July 15, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Saint Lucie Building Trust LLC
710 NE 126 Street
Miami, FL 33161		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC         304.13 Window & Door Frames
IPMC         304.13.2 Openable Windows
 
3.
15-1141 705 N 23rd Street Stevens, Toborrius Terry Denmark
 
Case Initiated: July 17, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Toborrius Stevens
413 N 40th Street
Ft. Pierce, FL 34947		 OCCUPIED BY:
Henry A. Hickson
705 N 23rd Street
Ft. Pierce, FL 34950

Section(s): 5-368 (6) Fence Maintenance
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
 
4.
15-1188 1402 Reynolds Court Simonson, Franca Terry Denmark
 
Case Initiated: July 23, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Franca Simonson
1273 NW 11th Street
Boynton Beach, FL 33426		 OCCUPIED BY:
Olivia D Brown
1402 Reynolds Court
Ft. Pierce, FL 34950

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
Section(s): 5-73 House Numbers
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
B.
15-0234 709 S 9th Street Laps Enterprises USA LLC Andy Avery

Case Initiated: February 9, 2015  Type of Presentation: Regular: Cont. from 11/4/15

OWNER:
Laps Enterprises USA LLC
638 SE Capon Terrace
Port St Lucie, FL 34983		 OCCUPIED BY:
 

 

Section(s): 5-368 (1)(3)(4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5)(7) Nuisance as a Condition
Section(s): 16-46, 16-47, 16-48 (6) Nuisance as an Object
Officer Avery read the facts of the case and presented photos that were marked as composite exhibit 1.  Adrian Perez, a managing member of Laps Enterprises USA LLC, was sworn in for testimony.  He asked if he needed a permit to paint the wood and he was told to contact the building department for that answer; however, unless he's a contractor or a resident he would have to hire a contractor to pull the permits and do the work.  He asked for additional time and it was agreed that 60 days should be enough time.
 

Motion was made by Frank M. Blandino that a violation does exist and that Laps Enterprises USA LLC has committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.
 

 
C.
15-0639
 		 600 N 15th Street
 		 Brunson, Brenda &
Gay, Sherika		 Shaun Coss
 

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

OWNER:
Brenda Brunson
Sherika Gay
600 N 15th Street
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.
 

 
D.
15-0645

 		 1612 S Ocean Drive

 		 Schaaf, Thomas G
Schaaf, Laurie F
Schaaf, Mary D		 Shaun Coss

 

Case Initiated:  April 28, 2015 Type of Presentation: Regular

OWNER:
Thomas G Schaaf
Laurie F Schaaf
Mary D Schaaf
6001 Carrington Green Place
Glen Allen, VA 23060		 OCCUPIED BY:




 

Section(s):  5-1.105.1 Permit Required
Investigator Coss read the facts of the case and presented photos which were marked as composite Exhibit 1.  Thomas Schaaf one of the property owners came forward and was sworn in for testimony.  He first asked if the permits could be re-instated and Mr. Coss stated that there has been changes to the codes since the initial issuance of the permit.  He would need to apply for a new permit to replace the expired one on the first shed, along with the permit which is ready to be picked up on the second shed.  The new code ordinances went into effect July 1, 2015.  The application was turned into staff in May and at that time they explained that since he wasn't living there he would have to hire the services of a contractor to do the work.  Mr. Schaaf said instead of doing this, he moved into the house.  He agreed that 60 days should be enough time to get the permit and do the work.
 

Motion was made by Frank M. Blandino that a violation does exist and that Thomas G. Schaaf, Laurie F. Schaaf, and Mary D Schaaf have committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.
 

 
E.
15-0967 300 S US Highway 1 Kraaz & Kraaz Finance Inc Shaun Coss

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

OWNER:
Kraaz & Kraaz Finance Inc
124-A N 2nd Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
Investigator Shaun Coss read the facts of the case.  Photos were presented and marked as composite Exhibit 1.  Richard Edwards was sworn in for testimony.  He agreed that 60 days should be enough time to get a permit for the 3 signs.
 

Motion was made by Frank M. Blandino that a violation does exist and that Kraaz & Kraaz Finance Inc. has committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.
 

 
F.
15-1033 808 S 12th Street Douge, Mario Shaun Coss

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

OWNER:
Mario Douge
808 S 12th Street
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.
 

 
I.
15-1150 1115 Pine Avenue Ezzi, Rochelle Shaun Coss

Case Initiated:  July 21, 2015 Type of Presentation: Regular

OWNER:
Rochelle Ezzi
1115 Pine Avenue
Ft. Pierce, FL 34982 		 OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
Investigator Coss read the facts of the case and presented photos which were marked as composite Exhibit 1.  Rochelle Ezzi was sworn in for testimony.  She stated that the structure is not a shed but a playhouse and according to her understanding that does not need a permit.  The other shed was on the property before they purchased it.  The lean-to is the only issue at this time that is a concern to them.  She stated that someone had told her since it is a temporary structure, they would not need a permit.  Investigator Coss stated that her information is incorrect and they would have to either remove the structure or apply for a permit.  They would have to show documentation that the one shed is actually a club/playhouse.  Ms. Ezzi asked if photos could be used as proof and she was told yes just get the information and pictures to Mr. Coss within the 60 days.
 

Motion was made by Frank M. Blandino that a violation does exist and that Rochelle Ezzi has committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.
 

 
J.
15-1170
 		 134 S 13th Street
 		 Castilla, Steven M &
Caple, Michela		 Shaun Coss
 

Case Initiated:  July 22, 2015 Type of Presentation: Regular

OWNER:
Steven M. Castilla
Michela Caple
134 S. 13th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:



 

Section(s): 5-1.105.4.1.2 Expired Permit
Investigator Coss read the facts of the case and presented photos marked as composite Exhibit 1.  Although Mr. Castilla was present in the chambers, he did not testify.  Special Magistrate asked if he could get the permit renewed within the 60 days and he said yes. 
 

Motion was made by Frank M. Blandino that a violation does exist and that Steven M. Castilla and Michela Caple have committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.
 

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
A.
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
Officer Avery read the facts of the case and presented the before and after pictures which were marked as composite Exhibit 1.  He stated that Mr. Price had been making progress on correcting the violations but found he needs a little more time.  Staff is agreeable to extending the time for  compliance.  Special Magistrate asked how much time he was requesting and Margaret Arraiz suggested continuing the case until March 2, 2016 hearing.  If he comes into compliance before that time there would be no need for another hearing.  Otherwise, he can appear again before you for an additional extension.
 

Motion was made by Frank M. Blandino to continue this case until March 2, 2016 and if the case is complied there will be no hearing.
 

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Respectfully submitted:

Colleen Greer, Secretary to the Special Magistrate