Skip to main content

AgendaQuick™

Minutes for Special Magistrate Blandino Hearing

Back to View Meetings
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, FEBRUARY 3, 2016.
 
1.
CALL TO ORDER:
9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Officers Andy Avery, Janey Vanderhorst, Terry Denmark, and Shaun Coss were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-1365 2627 Orange Avenue Guerra, Leonardo A & Milady Shaun Coss
 
Case Initiated:  August 18, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Leonardo A & Milady Guerra
3321 Baltic Sea Boulevard
Tavares, FL 32778 		 OCCUPIED BY:
Yasmine Market
2627 Orange Avenue
Ft. Pierce, FL 34950 

Section(s):  5-1.105.1 Permit Required
 
2.
15-1566

 		 1314 N 25th Street

 		 Brown, Betty J
Simmons, Margaret A
Meriweather, Henrietta		 Terry Denmark

 
 
Case Initiated: September 12, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Betty J Brown
Margaret A Simmons
Henrietta Meriweather
2001 Valencia Avenue
Ft. Pierce,  FL 34946		 OCCUPIED BY:
 



 

Section(s): 5-368 (6) Fence Maintenance
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
14-0453 1908 Oleander Avenue Reyes, Maria Shaun Coss

Case Initiated:  May 6, 2015 Type of Presentation: Regular

OWNER:
Maria Reyes
1908 Oleander Boulevard
Ft Pierce, FL 34950 		 OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
 

Special Magistrate Fran O. Ross ordered that the violation(s) do exist and the violator(s) 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.
 

 
2.
14-0926 3107 Kentucky Avenue Toussaint, Aspere Shaun Coss
 
Case Initiated:  September 11, 2015 Type of Presentation:  Regular
 
OWNER:
Aspere Toussaint
622 SW Sareta Avenue
Port St Lucie, FL 34953 		 OCCUPIED BY:
Elsie Toussaint
3107 Kentucky Avenue
Ft. Pierce, FL 34947 

Section(s):  5-1.105.1 Permit Required
 

Special Magistrate Fran O. Ross ordered that the violation(s) do exist and the violator(s) 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.
 

 
3.
15-1078 508 Emil Drive Wilson, Avril Shaun Coss

Case Initiated:  July 10, 2015 Type of Presentation: Regular

OWNER:
Avril Wilson
508 Emil Avenue
Ft. Pierce, FL 34982 		 OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
Office Shaun Coss read the facts of the case and presented pictures which were marked as Exhibit 1.  He stated that Ms. Wilson has agreed to the violations but she needed more time to comply.  Staff is agreeable to giving her 6 months.  Avril Wilson was sworn in for testimony.  She stated that after Hurricane Frances she became very ill; she and her husband split in 2009 and she had been unable to find work.  She had very little money but if she had more time she could get this done. SM Ross asked Mr. Coss if she allowed 6 months to obtain the permit would that give her more time if needed.  Officer Coss stated that she needed to obtain the permit and have an approved inspection.  If approved, that would allow her an additional 6 months to make the corrections and have the second inspection which would also have to be approved.
 

Special Magistrate Fran O. Ross ordered that a violation does exist and that AVRIL WILSON has committed or is responsible for the violations. She ordered that the violator has 180 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.
15-1079 504 Emil Drive Gansauer, Rosalind W Shaun Coss

Case Initiated:  July 10, 2015 Type of Presentation: Regular

OWNER:
Rosalind W Gansauer
504 Emil Drive
Ft Pierce, FL 34982 		 OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required 
Officer Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He stated that the windows were installed in 2014.  The owners were experiencing financial hardship.  The notice was sent out in July 2015 but the new Florida Building Codes became effective June 2015.  The windows may or may not be up to code.  The property owners have been trying to get the answer to that from Home Depot but if they are not up to code, she will have to remove these windows and install new ones.  Rosalind Gansauer was asked if 6 months would be sufficient time and she said yes.
 

Special Magistrate Fran O. Ross ordered that a violation does exist and that ROSALIND W GANSAUER has committed or is responsible for the violations. She ordered that the violator has 180 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.
 

 
5.
15-1083 604 Emil Drive Luna,Maria G Shaun Coss

Case Initiated:  July 10, 2015 Type of Presentation: Regular

OWNER:
Maria G Luna
604 Emil Avenue
Fort Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Officer Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He said he had not been able to speak to Ms. Luna prior to the meeting.  Maria Luna came forward and was sworn in for testimony.  She stated that her husband had done the installation of the windows but he was killed in an accident about 5 years ago.  She stated that she did not know anything about obtaining a permit but she has contacted a window installer by the name of Toby Hartnette to help her.  When asked if 6 months would be enough time she said yes.
 

Special Magistrate Fran O. Ross ordered that a violation does exist and that MARIA G LUNA has committed or is responsible for the violations. She ordered that the violator has 180 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.
 

 
6.
15-1197 1303 Florida Avenue Garcia, Jose A & Maria E Shaun Coss

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

OWNER:
Jose A & Maria E Garcia
1807 Hudson Drive
Rockledge, FL 32955 		 OCCUPIED BY:


 

Section(s):  5-1.105.1 Permit Required
Officer Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He stated that Mr. Garcia was not present at this time but had been there earlier.  He stated that Mr. Garcia had a contract with Villanova Construction and had agreed that the permit could be obtained within 90 days so he left.
 

Special Magistrate Fran O. Ross ordered that a violation does exist and that JOSE A GARCIA 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.
 

 
7.
15-1223
 		 2908 Rhode Island Avenue
 		 Desantis, William 
Desantis, Debra		 Andy Avery
 

Case Initiated: September 3, 2015  Type of Presentation: Regular 

OWNER:
William Desantis
Debra Desantis
3066 Crockett Way
Lake Worth, FL 33467		 OCCUPIED BY:
Favin Leger
2908 Rhode Island Avenue
Ft. Pierce, FL 34947
 

Section(s): 11-24 Parking on R/O/W
Section(s): 22-60 (F)(2)(B) Commercial Vehicle
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
 

Special Magistrate Fran O. Ross found that the violations 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
 

 
8.
15-1230 1107 Avenue F Matthews (TR), Christopher Terry Denmark

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

OWNER:
Christopher Matthews (TR)
5822 Falls Ridge Lane
Charlotte, NC 28269		 OCCUPIED BY:
Dazzell Mathews
1107 Avenue F
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
Section(s): 5-371 Exterior Property Maintenance
 

Special Magistrate Fran O. Ross ordered that the violation(s) do exist and the violator(s) 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.
15-1246

 		 2808 Avenue I

 		 Lane, Billy
White, Pamela
Foxx, Derek		 Shaun Coss

 

Case Initiated:  July 30, 2015 Type of Presentation:  Regular

OWNER:
Billy Lane
Pamela White
Derek Foxx
2808 Avenue I
Ft Pierce, FL 34947		 OCCUPIED BY:




 

Section(s):  5-1.105.1 Permit Required
Officer Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He stated that although he received complaints that there was considerable work being done at the property he found only where the exterior wall has been enclosed with block which requires a permit.
He said Staff was agreeable to extending the time to 90 days to obtain the permit and comply with all conditions of the permit.

Billy Lorenzo Lane was sworn in for testimony.  He stated that the property belonged to his deceased mother.  When he went out to check the property he found the hole in the wall where the air conditioning unit had been.  He boarded up the hole but that didn't last long.  He then put block where the hole was.  He did not realize that he needed a permit to do this work.  He was only trying to keep the property from getting in worse condition.

Officer Coss stated that he needed to obtain a permit for the block work and have an inspection to make sure the work was structurally sound or he can remove the block and put the air-conditioning unit back in; but that also required a permit. 

Special Magistrate asked if 90 days would be enough time to obtain the permit and he said yes.

Before going to the next case Mr. Lane expressed his appreciation of the Department and Staff and all we do to help the residents of Ft. Pierce. 
 

Special Magistrate Fran O. Ross ordered that a violation does exist and that BILLY LORENZO LANE 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.
 

 
11.
15-1527 714 N 20th Street Washington Mutual Bank Terry Denmark

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

OWNER:
Washington Mutual Bank
PO Box 100576
Florence, SC 29501		 OCCUPIED BY:
 

 

Section(s): 5-73 House Numbers
Section(s): 5-371 Exterior Property Maintenance
 

Special Magistrate Fran O. Ross ordered that the violation(s) do exist and the violator(s) 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.
 

 
13.
15-1970 325 S 13th Street Dantilus, Jean M Andy Avery

Case Initiated: December 16, 2015  Type of Presentation: Regular 

OWNER:
Jean M Dantilus
325 S 13th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:
 

 

Section(s): 22-63 (4) Home Occupations 
Section(s): 5-368 (1)(3)(4) Property Maintenance 
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage

 
 

Special Magistrate Fran O. Ross that the violation(s) do exist and the violator(s) 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.
 

 
14.
15-2055 1112 Avenue G (B) Christian Sr, Thomas Terry Denmark

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

OWNER:
Thomas R Christian Sr
1112 Avenue G Apt B
Ft. Pierce, FL 34950		 OCCUPIED BY:
 

 

Section(s): 5-368 (6) Fence Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Nuisance – Pool Barrier
Section(s): 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water
Although the property owners were not present, Officer Denmark asked that the case be heard. He stated that the violations present a serious threat to the health, safety, and welfare of the public and asked that the Special Magistrate issue an order to the City that the department make all reasonable repairs that are required to preserve the property or to bring the property into compliance and charge the property owners with the reasonable costs of having the repairs done.

Asst. City Attorney McCain explained that this condition or threat is recognized by section 162.06 (4) of the Florida Statutes and that 162.09 (1) of the Florida Statutes cites as precedent that the Special Magistrate issue an order to the City to take appropriate steps to secure the property, make the necessary repairs, and charge the property owners with the reasonable costs of having the repairs done.
 

Special Magistrate Fran O. Ross ordered that the violation(s) do exist and the violator(s) who are not present are deemed to have admitted guilt. She ordered that the City of Ft. Pierce take immediate action to make all reasonable repairs which are required to preserve the property or to bring the property into compliance and to charge the Respondent with the reasonable cost of such repairs.
 

 
15.
16-0001 1702 Delaware Avenue Rico, Miguel
Rico, Bertha P		 Andy Avery

Case Initiated: January 5, 2016  Type of Presentation: Regular 

OWNER:
Miguel Rico
Bertha P Rico
2708 Palm Lakes Avenue
Ft. Pierce, FL 34981		 OCCUPIED BY:
Guadalajara Mexican Restaurant
1702 Delaware Avenue
Ft. Pierce, FL 34950
 

Section(s): 9-27 (B) Doing Business without a Tax
 

Special Magistrate Fran O. Ross found that the violations 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)
 
0.
15-1134 715 S 23rd Street Lade, Jean Andy Avery

Case Initiated:  July 23, 2015 Type of Presentation: Massey Hearing

OWNER:
Jean Lade
Marie Norzelus
715 S 23rd Street
Ft. Pierce, FL 34950		 OCCUPIED BY:
Marie Y. Jeannot
715 S 23rd Street, Apartment A
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.
Officer Andy Avery stated that this was a case of miscommunication.  Mr. Lade did not realize that all he had to do was call him and request more time.  Since he did not call, the violations were not corrected in the time given and the fines began.  The property came into compliance shortly afterwards.  Staff is agreeable to reducing the fines to $100.00 to cover administrative fees.  Mr. Lade said he was okay with this and was prepared to pay it today; however, he was told he would have to wait for the order to be prepared.
 

Special Magistrate Fran O. Ross ordered after reviewing the 3 criteria required by Rule 16 and after considering all of the facts presented by Staff that the fines be reduced to $100.00 payable within 7 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
 
1.
14-1688 1209 Raymond Avenue Isenhour, Bruce Andy Avery

Case Initiated:  August 18, 2014 Type of Presentation: Extension of Time

OWNER:
Bruce R. Isenhour
1209 Raymond Avenue
Ft. Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 5-368 (1) (3) (4) Property Maintenance
Officer Avery read the facts of the case and explained that this case had been scheduled to go before Special Magistrate Blandino in January  but due to a time issue, it was rescheduled for today.  Mr. Isenhour has been working on getting the property into compliance and it looks much better. But he still has some work that needs to be done.  He does have health and financial issues.  He relies on his friends to help him out.  He has filed for the City of Ft. Pierce's Ship Program but has not received any confirmation that he will receive help.  Staff recommends that you continue this case for 3 months and bring it back in May to be heard again.
 

Special Magistrate Fran O. Ross ordered; after reviewing the request, that the case be continued for 90 days and if the violations have not been corrected by that time the violator should come back before the Special Magistrate on May 4 for further consideration of another extension.
 

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Adjourned:
9:45 am

Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate