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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 9:00 A.M. ON WEDNESDAY, JANUARY 6, 2016.
 
1.
CALL TO ORDER:
Called to order at 9:10 AM.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager Margaret Arraiz, Code Officer Janey Vanderhorst, Bldg. Department Investigator Shaun Coss were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-0527 417 El Rancho Drive Neilson, John D Janey Vanderhorst
 
Case Initiated:  April 8, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
John D. Neilson
 417 El Rancho Drive
 Ft. Pierce, FL 34982

 

Section(s): 22-187 (13) (a) (b) Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
 
2.
15-1913 437 N US Highway 1 Highway Investments & Properties Isaac Saucedo
 
Case Initiated:  October 23, 2015 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Highway Investments & Properties
3669 Park Lane
Coconut Grove, FL 33133
OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (9) (10) Nuisance as a Condition
Section(s): 22-187 (13) (a) (b) Landscape Maintenance
Section(s): 5-369 Vacant Buildings
 
3.
15-2084 1302 Ibis Avenue Sugg, Joshua & Amanda Janey Vanderhorst
 
Case Initiated:  December 4, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Jason & Amanda Sugg
1302 Ibis Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (10)(D)  Non-Operable Vehicles
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
10-0211 1812 S 27th Street McGathey,  Katrina A
Buccaneer Building Corp
Shaun Coss

Case Initiated:  June 5, 2015 Type of Presentation: Regular - Cont. from 12/2/15

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.
15-0633 803 King Orange Drive Homercreek Properties LLC Shaun Coss

Case Initiated:  July 29, 2015 Type of Presentation: Regular

OWNER:
Homercreek Properties LLC
265 Bermuda Beach Drive
Ft. Pierce, FL 34949 
OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
 

Motion was made by Frank M. Blandino that the violations in section 5-368 (4) did exist but has been cured as of the date of this hearing. The violators shall be warned that if these violations reoccur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.
 

 
3.
15-0837 908 N 16th Court Hall, Christopher R. Shaun Coss
 
Case Initiated:  June 5, 2015 Type of Presentation: Repeat Violator
 
OWNER:
Christopher R. Hall
1509 N 24th Street
 Ft Pierce, FL 34950
OCCUPIED BY:


 

IPMC 108.1.1 Unsafe Structure
IPMC 304.5  Foundation Walls
IPMC 304.10 Stairways, Decks, Porches & Balconies

IPMC 304.13 Window & Door Frames
IPMC 304.14 Insect Screens
IPMC 305.2 Structural Members
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation

IPMC 404.7 Food Preparation
IPMC 603.1 Mechanical Equipment
IPMC 704.1 Fire Protection Systems
Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Officer Coss read the 3 cases being presented and asked that the presentation be changed to "repeat violator" and that the fines be changed to $250.00 per day if not complied within 60 days.  He stated that this violator had been before Special Magistrate Ross and that she would not be able to hear any more of the cases because she also represents Mr. Hall as legal counsel.
 

Motion was made by Frank M. Blandino that a violation does exist for violations listed on the summary sheet and that Christopher R. Hall has committed or is responsible for the violations. He also ordered that the summary sheet be changed to a repeat violator status. He ordered that the violator has 60 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 $250.00 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.
 

 
4.
15-0844 1015 Avenue I Ellis, Antwan M Shaun Coss

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

OWNER:
Antwan M Ellis
1101 Beach Court
Ft. Pierce, FL 34950 
OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
Officer Coss read the facts of the case and stated that the contractor did apply for a permit for the exterior doors and windows; however, it was rejected due to the missing items on the permit from the next case.  He stated that the fence is no longer a violation as it has been removed.  He then proceeded to the next case.
 

Motion was made by Frank M. Blandino that a violation does exist and that Antwan M. Ellis 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.
 

 
5.
15-1143 1015 Avenue I Ellis, Antwan M. Shaun Coss

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

OWNER:
Antwan M. Ellis
1101 Beach Court
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
Officer Coss read the facts of this case into the record and stated that the previous permit was rejected because it was missing plumbing, electrical and drywall work.  He presented photos and showed on the overhead the violations that have occurred. He stated they would have to hire a contractor to obtain a permit for the plumbing and electrical repairs.  He stated that according to FBC any more than 1 sheet of plywood being present requires a permit.  If the owner intends on living there, he can apply as a home owner; but he would still have to hire a contractor to do the electrical, air-conditioning, and plumbing work.

Antwan Ellis (property manager)  was sworn in for testimony.  He stated he didn't do the work, but he's being left holding the bag. Special Magistrate Blandino said that's just the way it is; that he as the new property owner is responsible for work that was previously done in violation of the city ordinances.
 

Motion was made by Frank M. Blandino that a violation does exist and that Antwan M. Ellis 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.
 

 
6.
15-1041 2228 Okeechobee Road Mondragon, Juan Shaun Coss
 
Case Initiated:  July 7, 2015 Type of Presentation: Regular
 
OWNER:
Juan Mondragon
1801 Havana Avenue
Ft Pierce, Fl 34950
OCCUPIED BY:
El Resortes LLC
2228 Okeechobee Road
Ft Pierce, Fl 34950

Section(s):  5-1.105.1 Permit Required
Officer Coss read the facts of the case and presented photos which were marked as composite exhibit 1 dated 3/22/2014, 12/9/2014 and 4/23/2012.

Janey Vanderhorst was sworn in as translator for Juan Mondragon.  Mr. Mondragon was sworn in for testimony.  Through the translator he stated he understood the violations and what needed to be done to correct them. He was informed that if the owner is also the occupant he can pull the permit himself, but if he is not the occupant he would have to hire a contractor. Mr. Mondragon stated that he does have a business at this location so he could pull the permit himself.
 

Motion was made by Frank M. Blandino that a violation does exist and that Juan Mondragon and El Resorts LLC have committed or are 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.
 

 
7.
15-1149 4596 Whispering Pines Lane Pines Whisper LLC Shaun Coss

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

OWNER:
Pines Whisper LLC
C/O Elon Property Management
590 W. Kennedy Boulevard  2nd Floor
Lakewood, NJ  08701
OCCUPIED BY:



 

Section(s):  5-1.105.1 Permit Required
Section(s):  5-368 Property Maintenance

 
Officer Coss read the facts of the case.  D. Burke, the property manager, was sworn in for testimony.  She stated the roof had been repaired and Officer Coss asked that she provide documentation from a certified contractor of this repair.
 

Motion was made by Frank M. Blandino that a violation does exist and that Pines Whisper 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.
 

 
8.
15-1583 110 N. 17th Street Hall, Christopher R Shaun Coss
 
Case Initiated:  September 15, 2015 Type of Presentation: Repeat Violator
 
OWNER:
Christopher R. Hall
1509 N. 24th Street
Ft Pierce, Fl 34950 
OCCUPIED BY:


 

IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.7 Roofs and Drainage
IPMC 304.13 Window & Door Frames
IPMC 304.13.2 Openable Windows
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 402.3 Light-Other Spaces
IPMC 404.7 Food Preparation
IPMC 603.1 Mechanical Equipment
IPMC 704.1 Fire Protection Systems
Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
This case is discussed in case #15-0837.
 

Motion was made by Frank M. Blandino that a violation does exist for violations listed on the summary sheet and that Christopher R. Hall has committed or is responsible for the violations. He also ordered that the summary sheet be changed to a repeat violator status. He ordered that the violator has 60 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 $250.00 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.
15-1588 112 N 17th Street Hall, Christopher R Shaun Coss
 
Case Initiated:  September 17, 2015 Type of Presentation: Repeat Violator
 
OWNER:
Christopher R Hall
1509 N. 24th Street
Ft Pierce, FL 34950 
OCCUPIED BY:


 

IPMC 108.1.1 Unsafe Structure
IPMC 304.7 Roofs and Drainage
IPMC 304.13 Window & Door Frames
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures

IPMC 704.1 Fire Protection Systems
Section(s): 5-1.101.2.1 Unsafe Building

Section(s): 5-1.105.1 Permit Required
This case is discussed in previous case #15-0837.
 

Motion was made by Frank M. Blandino that a violation does exist for violations listed on the summary sheet and that Christopher R. Hall has committed or is responsible for the violations. He also ordered that the summary sheet be changed to a repeat violator status. He ordered that the violator has 60 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 $250.00 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.
 

 
10.
15-1715 4206 Garrison Lane Macy, Reid & Rebecca Janey Vanderhorst

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

OWNER:
Reid F. Macy Sr. & Rebecca Macy
715 Tumblin Kling Road
Ft. Pierce, FL 34982
OCCUPIED BY:
Charles Kay
4206 Garrison Lane
Ft. Pierce, FL 34982

Section(s): 16-46, 16-47, 16-48 (1)(2)(3)(4)(5)(6)(7)(9)(10) Nuisance as a Condition
Section(s): 16-46, 16-47, 16-48 (1)(3)(5) Nuisance as an Object
Section(s): 11-11 Storage of Commodities
Section(s): 16-46, 16-47, 16-48 (4) Parking on Other Than Pavement
Section(s): 22-187 (13) a. b. Landscape Maintenance
 

Motion was made by Frank M. Blandino that section 5-368 (4) existed but has been cured as of the date of this hearing. The violators shall be warned that if these violations reoccur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.
 

 
11.
15-1826 4209 Garrsion Lane Reid, Macy Janey Vanderhorst

Case Initiated:  October 15, 2015 Type of Presentation: Regular

OWNER:
Reid Macy
 715 Tumblin Kling Road
Ft. Pierce, FL 34982

 

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

Motion was made by Frank M. Blandino that section 5-368 (4) existed but has been cured as of the date of this hearing. The violators shall be warned that if these violations reoccur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.
 

 
12.
15-1825 715 Tumblin Kling Road Macy, Reid & Rebecca Janey Vanderhorst

Case Initiated:  October 15, 2015 Type of Presentation: Regular

OWNER:
Reid & Rebecca Macy
715 Tumblin Kling Road
Ft. Pierce, FL  34982


 

Section(s): 22-187 (13) a. b. Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (3) Wrecked Vehicle or Watercraft
 

Motion was made by Frank M. Blandino that section 5-368 (4) existed but has been cured as of the date of this hearing. The violators shall be warned that if these violations reoccur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.
 

 
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
Adjourned 9:40 AM.

Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate