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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, FEBRUARY 17, 2016.
 
1.
CALL TO ORDER:
9:10 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
B.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Peggy Arraiz and Shaun Coss.
 
C.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
A.
15-1364 2623 Orange Avenue Guerra, Leonardo A & Milady Shaun Coss
 
Case Initiated:  August 18, 2015 Type of Presentation: COMPLIED
 
OWNER:
Leonardo A Guerra
Milady Guerra
3321 Baltic Sea Boulevard
Tavares, FL 32778		 OCCUPIED BY:
The Fort Cellphone Repair
2623 Orange Avenue
Ft. Pierce, FL 34950
 

Section(s): 5-1.105.1 Permit Required
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
15-1085 3210 Orange Avenue Luna, Heriberto M & Maria A Shaun Coss

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

OWNER:
Heriberto M & Maria A Luna 
110 Sunrise Drive
Ft. Pierce, FL 34945		 OCCUPIED BY:
Richelle's Jamaican Cuisine
3210 Orange Avenue
Ft. Pierce, FL 34950 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate 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.

 
B.
15-1088 2801 Oleander Avenue Charlestin, Lemaire & Rosemarie Shaun Coss

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

OWNER:
Lemaire & Rosemarie Charlestin
2801 Oleander Avenue
Ft. Pierce, FL 34982 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate 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.

 
C.
15-1108 306 N 27th Street Flickinger, Larry L Shaun Coss

Case Initiated:  July 14, 2015 Type of Presentation: Regular

OWNER:
Larry L Flickinger
1186 SW Ivanhoe Street
Port St. Lucie, FL 34983 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Attorney Michael Edwards, 1820 SE Port St. Lucie Blvd., Port St. Lucie, FL representing the Estate of  Larry L. Flickinger  and Building Department Investigator Shaun Coss signed a stipulation this date stating they would obtain a permit and comply with all permit conditions within 60 days.  Failure to do so would result in a fine pursuant to Section 162.09, Fla. Stat., being imposed at a daily cumulative rate of $100.00 per day. The fine will continue to accrue until violations are corrected and if not complied within a timely manner, then there shall be issued an Order pursuant to Section 162.09, Fla. Stat., and Rule 15, Rules of Procedure of the Code Enforcement Board of the City of Fort Pierce, Florida, imposing lien in the manner provided for by law.
 
D.
15-1263 1705 Avenue G Howson, Chris Shaun Coss

Case Initiated:  August 4, 2015 Type of Presentation: Regular

OWNER:
Chris Howson
9645 Kemper Drive
Lone Tree, CO 80124 		 OWNER:
Chris Howson
10748 Riverbrook Circle
Highlands Ranch, CO 80126-7511 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate 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.

 
E.
15-1549 2209 Avenue D St Cyr, Randolph F Shaun Coss

Case Initiated:  September 11, 2015 Type of Presentation: Regular

OWNER:
Randolph F St Cyr
2209 Avenue D
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 304.13 Window & Door Frames
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.1 Fire Protection Systems
 

Special Magistrate 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.

 
H.
16-0152 805 Texas Court Ewen, Dennie & Vanessa Isaac Saucedo
 
Case Initiated: January 25, 2016 Type of Presentation: Repeat Violator
 
OWNER:
Dennie P. Ewen II & Vanessa Ewen
805 Texas Court
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

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

Officer Andy Avery read the facts of the case and presented photos marked as Exhibit 1. 

Vanessa Ewen was sworn in for testimony.  She stated that her husband has been sick and they're trying to get the violations corrected.  She did state that once they have these violations corrected they will not get in this mess again.  The Special Magistrate asked if 10 days would be enough time and Mrs. Ewen said yes.  She was reminded that as a repeat violator the fines can accumulate quickly. She was advised to stay in touch with Officer Avery and let him know how things are going.
 

Special Magistrate Ross ordered that a violation does exist and that Dennie P. & Vanessa Ewen has committed or is responsible for the violations. She further ordered that the violator have 10 days in which to correct the violations. In the event the violations are not cured or complied within the time period given, a fine of $50.00 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.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
15-0443 2804 S 10th Street Morales, Adrian Shaun Coss

Case Initiated:  March 20, 2015 Type of Presentation: Massey Hearing

OWNER:
Adrian Morales
2804 S 10th Street
Ft. Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case.  He stated the hearing had been scheduled for the previous month; however there was no one present to testify.  As a courtesy to the violator and his contractor, the City re-scheduled the hearing.  Mr. Morales and his contractor, Mr. Roderick Waller, were notified by letter and/or in person of the rescheduled date. Again, there is no representation from either party for this hearing. Mr. Coss asked that the Special Magistrate deny the request for an extension of time to comply and order that a lien on the property be recorded with the Clerk of St. Lucie County.
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
04-0636 1512 Avenue J Jones, James Isaac Saucedo

Case Initiated:  February 23, 2004 Type of Presentation: Lien Reduction Hearing

PREVIOUS OWNER:
James Jones
1512 Avenue J
Ft. Pierce, FL 34950
 		 CURRENT OWNER:
James Jones
% Jewell J. Eckles
 3309 Avenue T
Ft. Pierce, FL 34947

Section(s): 16-46, 16-47, 16-48 (10) (d) Non-Operative/Unlicensed Vehicle(s)
Section(s): 16-48 (1) (5) Outside Storage
Section(s): 5-368 Property Maintenance
Margaret Arraiz read the facts of the case.  She stated she had met with Mr. and Mrs. Eckles prior to the hearing and learned a few more facts about the case.  The violations were against her father, James Jones who is now deceased.  The notices and other documents were sent to her sister Ellen Rolle and she did not forward the information to Mrs. Eckles or anyone else.  Ms. Rolle is also deceased. 

Jewel Jones Eckles and Booker T. Eckles were sworn in for testimony.  Mrs. Eckles confirmed the above information and agreed to pay the reduced fine of $950.00.  She asked if she could set up a payment plan and she was told to do this with the finance department.  She was reminded that the Special Magistrate could only make a recommendation and that it had to go before the City Commission for final approval.  She was given a tentative date for this meeting.
 

Special Magistrate Ross reviewed the 7 criteria required by Rule 17 and recommended the City Commission reduce the lien from $375,610.00 to $950.00 payable in 12 months through a payment plan with the finance department. If not paid within that time the lien would revert back to its original amount.

 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting adjourned 9:30 am.

Respectfully submitted:
Colleen Greer
Secretary for the Special Magistrate

_______________________________________________