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 am ON WEDNESDAY, MARCH 2, 2016.
1.
CALL TO ORDER:
9:13 am
9:13 am
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
D.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Shaun Coss, Andy Avery, and Isaac Saucedo.
Margaret Arraiz, Shaun Coss, Andy Avery, and Isaac Saucedo.
E.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 15-1480 | 1401 G Terr, South Bldg # A | Greenvipes Inc | Shaun Coss |
| Case Initiated: | September 3, 2015 | Type of Presentation: | COMPLIED |
| OWNER: Greenvipes Inc 3450 58th Avenue Vero Beach, FL 32966 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
2.
| 15-1482 | 1401 G Terr, South Bldg # B | Greenvipes Inc | Shaun Coss |
| Case Initiated: | September 3, 2015 | Type of Presentation: | COMPLIED |
| OWNER: Greenvipes Inc 3450 58th Avenue Vero Beach, FL 32966 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
3.
| 15-2221 | 911 Delaware Avenue | Pickering, Keith C | Andy Avery |
| Case Initiated: | January 5, 2016 | Type of Presentation: | COMPLIED |
| OWNER: Keith C Pickering 3209 S Lakeview Circle Apt 8857 Ft. Pierce, FL 34949 |
OCCUPIED BY: Michael L McKinnon Jr 911 Delaware Avenue Ft. Pierce, FL 34950 |
Section(s): 9-27 (B) Doing Business without a Tax
4.
| 15-2225 | 1531 Delaware Avenue | Sizemore, Shirley A | Andy Avery |
| Case Initiated: | January 5, 2016 | Type of Presentation: | COMPLIED |
| OWNER: Shirley Sizemore 1531 Delaware Avenue Ft. Pierce, FL 34950 |
OCCUPIED BY: Prestige Auto Club LLC 1511 Delaware Avenue Ft. Pierce, FL 34950 |
Section(s): 9-27 (B) Doing Business without a Tax
4.
PUBLIC HEARINGS - VIOLATION CASES
A.
| 15-0497 | 721 S 24th Street | Scott, Karen T Teller, Robin S & Ronald A |
Andy Avery |
| Case Initiated: | May 14, 2015 | Type of Presentation: | Repeat Violator |
| OWNER: Karen T Scott Robin S & Ronald A Teller 721 S 24th Street Ft Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-368 Property Maintenance
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 read the facts of the case and presented photos dated March 1, 2016 and marked as composite exhibit 1. He stated that Mrs.Teller has corrected most of the violations but still had some things to correct. She does agree to these violations and understands that the City is giving her 30 days to come into compliance. He asked for an order for review and determination for the outside storage and for the outside storage of indoor furniture and an order of violation for the property maintenance. He also asked that the Special Magistrate remind her that if they come before him again for the same violations within 5 years; they will be considered a repeat violator and the fines could double.
Robin S. Teller came forward and was sworn in for testimony. She stated they had fallen behind financially but felt they could get the violations corrected within the time period recommended. She was advised of the administrative extension that could be issued if the officer found they were making progress in correcting the violations.
Robin S. Teller came forward and was sworn in for testimony. She stated they had fallen behind financially but felt they could get the violations corrected within the time period recommended. She was advised of the administrative extension that could be issued if the officer found they were making progress in correcting the violations.
Special Magistrate Blandino found that the violation listed on the summary sheet does exist and that Karen T. Scott, Ronald A. Teller, and Robin S. Teller have committed or are responsible for the violations. He ordered that the violators have 30 days in which to comply with the city code of ordinances. In the event the violation is not cured or complied within the time period given, a fine of $75.00 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.
B.
| 15-1540 | 305 N 13th Street | Jaramillo, Cristal | Shaun Coss |
| Case Initiated: | September 10, 2015 | Type of Presentation: | Regular |
| OWNER: Cristal Jaramillo 305 N 13th Street Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case. He made a correction to the number of windows that were being cited; there were 2 instead of 3. He stated that the application had been received on February 22; however, it had not been reviewed or issued at this time. He had spoke to Mr. Jaramillo's daughter Cristal Alas and she is in agreement with the violations and states that they can be complied within the 60 days.
Cristal Alas came forward and was sworn in. Cristal Alas was asked what relation she was to Cristal Jaramillo. She stated that the property had been her father's name and it is now in hers. However, she recently married and was now Alas. She was in agreement to the violations and felt 60 days was enough time to comply.
Cristal Alas came forward and was sworn in. Cristal Alas was asked what relation she was to Cristal Jaramillo. She stated that the property had been her father's name and it is now in hers. However, she recently married and was now Alas. She was in agreement to the violations and felt 60 days was enough time to comply.
The Special Magistrate found that a violation does exist and that Cristal Jaramillo 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.
| 15-1594 | 2400 S Ocean Drive | Angevine, Patricia | Shaun Coss |
| Case Initiated: | September 19, 2015 | Type of Presentation: | Regular |
| OWNER: Patricia Angevine 8520 8th Street Vero Beach, FL 32968 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
The Special Magistrate finds a violation does exist and the violators that are not present are deemed to have admitted guilt. It was 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.
| 16-0004 | 2402 Frist Boulevard, Suite 200 | Lawnwood Medical Center Inc | Andy Avery |
| Case Initiated: | January 5, 2016 | Type of Presentation: | Regular |
| OWNER: Lawnwood Medical Center Inc PO Box 1504 Nashville, TN 37202 |
OCCUPIED BY: Gloria E. McNeil MD 2402 Frist Blvd Suite 200 Ft. Pierce, FL 34950 |
Section(s): 9-27 (B) Doing Business without a Tax
Officer Andy Avery read the facts of the case and presented photos which were marked as Exhibit 1. He stated that Caleta Scott, Deputy City Clerk had been present earlier. She told the officer that there had been no contact from Dr. McNeil since sending the first notice and posting the property. He asked that the Special Magistrate give the violator 10 days to comply or assess a fine of $75.00 per day, as well as, order all utilities by suspended to the premises.
The Special Magistrate finds a violation does exist and the violators that are not present are deemed to have admitted guilt. It was 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. He further ordered that after the 10 day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie
F.
| 16-0023 | 1412 S US Hwy 1 | First Citizens Premises Co Inc | Isaac Saucedo |
| Case Initiated: | January 4, 2016 | Type of Presentation: | Regular |
| OWNER: First Citizens Premises Co Inc 2211 Okeechobee Road Ft Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 9-27 (B) Doing Business without a Tax
Officer Isaac Saucedo read the facts of the case and stated that the case is currently in compliance and asked for an order for R&D.
Casey Sharpless, facility manager for TD Bank was sworn in for testimony. He stated it was not the bank's position to allow the selling of vehicles on the bank's property. They were illegally parking and selling vehicles without authorization. The bank was aware of the vehicles and he said the bank should have taken responsibility; however, they allowed the store manager to handle it. He didn't take care of the matter, thus they got cited by the city code officer. He stated they have now posted signs and put up chains hoping to deter this from happening again. He submitted photos, which were marked as composite exhibit 1 as before and after pictures.
Officer Saucedo stated that this was an ongoing concern for the city and the only way they were able to take action for the problem was to cite section 9-27 B.
Casey Sharpless, facility manager for TD Bank was sworn in for testimony. He stated it was not the bank's position to allow the selling of vehicles on the bank's property. They were illegally parking and selling vehicles without authorization. The bank was aware of the vehicles and he said the bank should have taken responsibility; however, they allowed the store manager to handle it. He didn't take care of the matter, thus they got cited by the city code officer. He stated they have now posted signs and put up chains hoping to deter this from happening again. He submitted photos, which were marked as composite exhibit 1 as before and after pictures.
Officer Saucedo stated that this was an ongoing concern for the city and the only way they were able to take action for the problem was to cite section 9-27 B.
The Special Magistrate found that section 9-27 (B) existed but has been cured as of the date of this hearing. The violators shall be warned that if these violations re-occur, 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)
A.
| 15-0600 | 315 N 19th Street | Baltazar Rosalina | Shaun Coss |
| Case Initiated: | April 17, 2015 | Type of Presentation: | Massey Hearing |
| OWNER: Rosalina Baltazar 315 N 19th Street Ft. Pierce, FL 34950 |
OCCUPIED BY: |
- Section(s): 5-1.101.2.1 Unsafe Building
- Section(s): 5-368 Property Maintenance
- IPMC 108.1.1 Unsafe Structure
- IPMC 108.1.2 Unsafe Equipment,
- IPMC 108.1.3 Structure Unfit for Human Occupancy
- IPMC 304.13.2 Openable Windows
- IPMC 402.3 Light-Other Spaces
- IPMC 602.2 Residential Heat Supply
- IPMC 605.1 Electrical Equipment
- IPMC 605.2 Electrical Receptacles
- IPMC 605.3 Luminaires
- IPMC 704.2 Smoke Alarms
Building Department Investigator Shaun Coss stated he would address case 15-0600 first and then 15-0822. He read the facts of the case. Peggy Arraiz stated that after reviewing the circumstances and meeting with Ms. Baltazar staff was recommending reducing the fines to $500.00 to include both cases and payable in 30 days.
Rosalina Baltazar was sworn in for testimony. She stated that she had to return to North Carolina to take care of her sick father after her mother had passed away. She allowed other people to live in the house and take care of it. But that was a big mistake. They never paid the rent and damaged the home before they were asked to move out. After they moved out she returned to the house and began taking care of some of the damages when she received a phone call that her father had passed. She again returned to North Carolina to take care of the arrangements. She said she did not know anything about the code enforcement fines until about a month ago. She returned to the house and took care of all code enforcement violations which cost her quiet a bit of money and put her into deeper debt along with still owing for her parents burial arrangements. As the hardships continue and she is working many hours to pay off the debt, she is requesting that the Special Magistrate waive the fines.
Rosalina Baltazar was sworn in for testimony. She stated that she had to return to North Carolina to take care of her sick father after her mother had passed away. She allowed other people to live in the house and take care of it. But that was a big mistake. They never paid the rent and damaged the home before they were asked to move out. After they moved out she returned to the house and began taking care of some of the damages when she received a phone call that her father had passed. She again returned to North Carolina to take care of the arrangements. She said she did not know anything about the code enforcement fines until about a month ago. She returned to the house and took care of all code enforcement violations which cost her quiet a bit of money and put her into deeper debt along with still owing for her parents burial arrangements. As the hardships continue and she is working many hours to pay off the debt, she is requesting that the Special Magistrate waive the fines.
Special Magistrate Blandino, after reviewing the 3 criteria required by Rule 16 and after considering the facts presented, ordered the fines be reduced to $500.00 ($250.00 per case) payable within 30 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.
B.
| 15-0822 | 315 N 19th Street | Baltazar, Rosalina | Shaun Coss |
| Case Initiated: | June 2, 2015 | Type of Presentation: | Massey Hearing |
| OWNER: Rosalina Baltazar 315 N 19th Street Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required.
Building Department Investigator Shaun Coss read the facts of the case but it was discussed in the previous case.
Special Magistrate Blandino, after reviewing the 3 criteria required by Rule 16 and after considering the facts presented, ordered the fines be reduced to $500.00 ($250.00 per case) payable within 30 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.
C.
| 15-1112 | 3794 Oleander Avenue | Faith Baptist Church | Shaun Coss |
| Case Initiated: | July 15, 2015 | Type of Presentation: | Massey Hearing |
| OWNER: Faith Baptist Church of FP 3607 Oleander Avenue Ft. Pierce, FL 34982 |
OCCUPIED BY: Faith Baptist Church of FP 3794 Oleander Avenue Ft. Pierce, FL 34982 |
Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case. He stated that the Church had gone from a business to an assembly hall. They were required to incorporate plans that include a mixed use.
Pastor Ron Hodge was sworn in for testimony. He stated that the time period they were given for compliance included the holidays. He said they had no money to get the plans printed and relied on a volunteer. The prints have now been done and they are ready to apply for the permits.
The Special Magistrate asked Officer Coss what was the hardest thing they had to do and he was told applying for the "change of use". Pastor Hodge stated that they had no plans to open a school. Officer Coss said they were in agreement to stop the fines from accumulating any further, allow them 60 days to comply and they could come back before the Special Magistrate for any reduction or rescindment.
Pastor Ron Hodge was sworn in for testimony. He stated that the time period they were given for compliance included the holidays. He said they had no money to get the plans printed and relied on a volunteer. The prints have now been done and they are ready to apply for the permits.
The Special Magistrate asked Officer Coss what was the hardest thing they had to do and he was told applying for the "change of use". Pastor Hodge stated that they had no plans to open a school. Officer Coss said they were in agreement to stop the fines from accumulating any further, allow them 60 days to comply and they could come back before the Special Magistrate for any reduction or rescindment.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts of the case, ordered the fines be held in abeyance to allow for obtaining a permit and doing the work to bring the violations into compliance. Once the violations have been corrected they can come before him and request a reduction.
D.
| 14-1953 | 1112 S 7th Street | HUD | Margaret Arraiz |
| Case Initiated: | September 24, 2014 | Type of Presentation: | Massey Hearing |
| PREVIOUS OWNER: J P Morgan Chase Bank NA Association 3415 Vision Drive G-7 Columbus, OH 43219 |
CURRENT OWNER: Secretary of Housing and Urban Development (HUD) % Gray-Robinson Attorneys at Law 401 E Las Olas Boulevard Ft. Lauderdale, FL 33301 |
Section(s): 22-187 (13) Lawn Maintenance.
Peggy Arraiz read the facts of the case along with the 3 criteria for Rule 16. She stated she had met with Mr. Minoff, the attorney for Gray-Robinson and they had agreed to $2000.00 payable in 30 days.
Mr. Minoff came forward and confirmed the agreement.
Mr. Minoff came forward and confirmed the agreement.
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
A.
| 14-1370 | 2808 Oleander Avenue | Flores, Tatiana G | Margaret Arraiz |
| Case Initiated: | June 20, 2014 | Type of Presentation: | Lien Reduction |
| PREVIOUS OWNER: RWLS V Holdings LLC P. O. Box 8451 Mesa, AZ 85214 |
CURRENT OWNER: Tatiana G. Flores 2808 Oleander Boulevard Ft. Pierce, FL 34982 |
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 2008 NEC Temporary Lighting
Section(s): 5-368 (6) Fence Maintenance
Peggy Arraiz read the facts of the case and went over the 7 criteria for Rule 17. She stated that Ms. Flores had obtained the home from RWLS V Holdings through a deed and they had not told her there was a lien and fines accruing on the property. She didn't find out about the lien until she received a notice of new owner letter advising her of the lien and fines. Immediately upon receiving this notice, she came into the office and learned what had to be done to comply the violations. She took care of the corrections, notified the officer and was issued an "affidavit of compliance" which also stopped the fines from accumulating any further. She had met with staff earlier today and was agreeable to $200.00 to cover administrative fee.
Special Magistrate Blandino reviewed the 7 criteria required by Rule 17 and recommended the City Commission reduce the total amount of lien $95,240.00 to $200.00 payable in 30 days. If not paid within that time the lien would revert back to its original amount.
B.
| 02-8848 | 2402 Oleander Avenue | Austgen, Nicholas | Margaret Arraiz |
| Case Initiated: | April 23, 2002 | Type of Presentation: | Lien Reduction |
| PREVIOUS OWNER: Nicholas G. Austgen 2402 Oleander Avenue Ft. Pierce, FL 34982 |
CURRENT OWNER: Federal National Mortgage Association % Shapiro, Fishman & Gache LLP 2424 North Federal Highway Ste 360 Boca Raton, FL 33431 |
Section(s): 5-368 Property Maintenance, 16-46, 16-47, 16-48 (1) (5) Outside Storage
Peggy Arraiz read the facts of the case and discussed the 7 criteria required by Rule 17. She stated that although the bank did foreclose on this property they failed to list the City in the foreclosure. Edward McDonough, attorney for Fanny Mae came forward and stated that there is a contract for the property and if the sale is completed it will become a contribution to the city. They are in agreement to the $2,000 which was recommended by staff and to pay it within 30 days if approved.
Special Magistrate Blandino reviewed the 7 criteria required by Rule 17 and recommended the City Commission reduce the lien to $2000.00 payable in 30 days. If not paid within that time the lien would revert back to its original amount.
7.
REQUEST FOR EXTENSION OF TIME
A.
| 14-1543 | 1709 N 16th Street | Sturrup, Alfredia | Andy Avery |
| Case Initiated: | July 21, 2014 | Type of Presentation: | Extension of Time |
| OWNER: Alfredia Sturrup P. O. Box 884 Loxahatchee, FL 33470 |
OCCUPIED BY: |
Section(s): 5-368 (1) (3) (4) Property Maintenance
Officer Andy Avery read the facts of the case. He stated that the property owner Alfredia Sturrup is deceased and her uncle, Johnny Brown, has been handling the family matters. The house has been boarded up and made secure. They are keeping the property maintained; however, probate is holding everything up. He asked that the family stay in touch and advise how the legal matters are coming about.
Johnny Brown came forward to testify. Although he stated that he does not swear; he did state he would tell the truth. He stated that he had talked to the attorney who is handling the case. He told him the case is in the judge's hands but they don't know who it is. This has been going on for some time now and he doesn't know when it will end.
Officer Avery said if Mr. Brown keeps the property properly secured and maintained he was agreeable to extending the time an additional 180 days. At that time, if necessary, they can come back before the Special Magistrate.
Johnny Brown came forward to testify. Although he stated that he does not swear; he did state he would tell the truth. He stated that he had talked to the attorney who is handling the case. He told him the case is in the judge's hands but they don't know who it is. This has been going on for some time now and he doesn't know when it will end.
Officer Avery said if Mr. Brown keeps the property properly secured and maintained he was agreeable to extending the time an additional 180 days. At that time, if necessary, they can come back before the Special Magistrate.
Special Magistrate found the request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated December 3, 2014 be approved. The property must be maintained, boarded up, and secure and in the event the violation is not remedied within 180 days, contact the CE Officer and request additional time.
8.
NEW BUSINESS
A.
OLD BUSINESS:
Amend Original Order of Violation
Amend Original Order of Violation
| 13-0831 | 604 Beach Court | Coniglio, Stanley & Vanessa | Peggy Arraiz |
| Case Initiated: | June 7, 2013 | Type of Presentation: | Amend Order |
| OWNER: Stanley & Vanessa Coniglio 604 Beach Court Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Peggy Arraiz read the facts of the case and stated this was a housekeeping matter. Staff is requesting the Special Magistrate amend the original order dated November 18, 2013 as stated in the summary sheet. Ms. Coniglio is here if you have any questions.
Vanessa Coniglio came forward. Ms. Arraiz asked her if she waived her rights of notice and if everything that has been mentioned is accurate? She said yes.
Special Magistrate ordered that the original order dated November 18, 2013 be amended to read as stated on the summary sheet.
Meeting adjourned 10:11 am.
Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate
Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate