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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, MARCH 16, 2016
 
1.
CALL TO ORDER:
9:14 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz and Shaun Coss were sworn in.
 
1.
15-1027 1308 N 29th Street Darden, Fannie L Shaun Coss
 
Case Initiated:  July 6, 2015 Type of Presentation: Regular - PULLED
 
OWNER:
Fannie L Darden
1308 N 29th Street
Ft. Pierce, FL 34947 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
15-1010
 		 1009 Delaware Avenue
 		 Mangroo, Vandana & Feldkamp, Joseph Shaun Coss
 
 
Case Initiated:  June 30, 2015 Type of Presentation: Regular - R&D
 
OWNER:
Vandana Mangroo & Joseph Feldkamp
279 NW 2nd Avenue
Delray Beach, FL 33444 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

The Special Magistrate found that section 5-1.105.1 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.

 
C.
15-1434 1809 Linwood Avenue Berilus, Anne Marie Janey Vanderhorst
 
Case Initiated:  15-1434 Type of Presentation:  Regular - R&D
 
OWNER:
Anne Marie Berilus
1809 Linwood Avenue 
Ft Pierce, FL 34982		 OCCUPIED BY:
 

 

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

The Special Magistrate found that section 16-46, 16-47, 16-48 (1) (5) 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.

 
D.
15-1509 1610 N 25th Street #9 26 Investment LLC Shaun Coss

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

OWNER:
26 Investment LLC
20 Maple Avenue #30B
Fair Lawn, NJ 07410 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Window & Door Frames
IPMC 304.18 Building Security
IPMC 504.1 Plumbing Fixtures
IPMC 605.2 Electrical Receptacles
IPMC 603.1 Mechanical Equipment
IPMC 704.1 Fire Protection Systems
Building Department Investigator (BDI) Shaun Coss read the facts of the case.  He presented photos that were marked as composite exhibit 1. He stated that the property was being managed by Yacoot LLC out of Miami.  He stated that all of the violations are minor.  The reason the building is unsafe is that it is missing smoke alarms.  If these were installed the unit would be deemed safe.  BDI Coss said Staff was asking for 60 days to obtain the permit and comply with all conditions of the permit.

David Hernandez, property manager for Yacoot LLC, was sworn in for testimony.  He stated that they had hired an engineer for the plans and  were working on getting a contractor.  He may be out of Miami or hire someone local.  The main problem right now is cost.  He did say that a 60 day extension should be enough time to comply.

Margaret Arraiz asked BDI Coss what the process was if they used a contractor out of Miami.  BDI Coss responded that if they were state certified they could work here as a one time contractor without any additional registration.  If they wished to be registered to keep their worker's comp and liability insurance on file it would be a $25.00 fee.  If they are not state certified and licensed only in Miami; they would have to apply for licensing here and it could take up to 3 months.  If this was the case 60 days may not be sufficient.
 

The Special Magistrate found that a violation does exist and that 26 Investent LLC has committed or is responsible for the violations. She 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 her decision in the Circuit Court of St. Lucie County.

 
E.
15-1511 1610 N 25th Street #8 26 Investment LLC Shaun Coss

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

OWNER:
26 Investment LLC
20 Maple Avenue #30B
Fair Lawn, NJ 07410		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Window & Door Frames
IPMC 304.18 Building Security
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.1 Fire Protection Systems
Building Department Investigator (BDI) Shaun Coss read the facts of the case.  He presented photos that were marked as composite exhibit 1. He stated that the property was being managed by Yacoot LLC out of Miami.  He stated that all of the violations are minor.  The reason the building is unsafe is that it is also missing smoke alarms.  If these were installed the unit would be deemed safe.  The only violation that may need permits is if they replaced the windows and door frames.  BDI Coss said Staff was asking for 60 days to obtain the permit and comply with all conditions of the permit.

David Hernandez, property manager for Yacoot LLC, was sworn in for testimony.  He stated that they had hired an engineer for the plans and  were working on getting a contractor.  He may be out of Miami or hire someone local.  The main problem right now is cost.  He did say that a 60 day extension should be enough time to comply.
 

The Special Magistrate found that a violation does exist and that 26 Investent LLC has committed or is responsible for the violations. She 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 her decision in the Circuit Court of St. Lucie County.

 
F.
15-1513 1610 N 25th Street 26 Investment LLC Shaun Coss

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

OWNER:
26 Investment LLC
20 Maple Avenue #30B
Fair Lawn, NJ 07410		 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 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.18 Building Security
IPMC 304.13 Window & Door Frames
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
Building Department Investigator (BDI) Shaun Coss read the facts of the case.  He presented photos that were marked as composite exhibit 1. He stated that the property was being managed by Yacoot LLC out of Miami.  He stated that this unit had the most violations.  The lack of smoke alarms is minor.  An unlicensed contractor had done a lot of the work and he failed to obtain permits.  The property owner will have to hire a licensed contractor who is also willing to accept responsibility for the unlicensed contractor's permits.  BDI Coss said Staff was asking for 60 days to obtain the permit and comply with all conditions of the permit.

David Hernandez, property manager for Yacoot LLC, was sworn in for testimony.  He stated that they had hired an engineer for the plans and  were working on getting a contractor.  He may be out of Miami or hire someone local.  The main problem right now is cost.  He did say that a 60 day extension should be enough time to comply.
 

The Special Magistrate found that a violation does exist and that 26 Investent LLC has committed or is responsible for the violations. She 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 her decision in the Circuit Court of St. Lucie County.

 
G.
15-1542 2206 Avenue N Anglin, Alaric Shaun Coss

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

OWNER:
Alaric Anglin
1910 Juanita Avenue
Ft. Pierce, FL 34946 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Window & Door Frames
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 604.3.2.1 Fire Damaged Electrical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 304.7 Roofs and Drainage
IPMC 704.1 Fire Protection Systems
 

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.

 
H.
15-1683 2607 Oleander Avenue  Carlson Family LLC Janey Vanderhorst
 
Case Initiated:  October 6, 2015 Type of Presentation: Regular - R&D
 
OWNER:
Carlson Family LLC
2103 Sunrise Boulevard
Ft Pierce, FL 34950		 OCCUPIED BY:
Tenants
2607 Oleander Avenue
Ft Pierce, FL 34982

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

The Special Magistrate found that section 16-46, 16-47, 16-48 (1) (5) 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.
14-0343 1002 Nebraska Avenue Salinas, Maria L Andy Avery
 
Case Initiated: February 20, 2014 Type of Presentation: Massey Hearing
 
PREVIOUS ADDRESS:
Maria L. Salinas
1590 20th Court SW
Vero Beach, FL 32962		 CURRENT ADDRESS:
Maria L. Salinas
1002 Nebraska Avenue
Ft. Pierce, FL 34950

Section(s): 5-368 (1) (4) Property Maintenance
Peggy Arraiz read the facts of the case.  She stated that she had spoke with Ms. Salinas prior to the meeting.  Ms. Salinas was under the impression she was dealing with the building department only and didn't know there were two cases and that the code department was involved also.  She stated that she had been moving at the same time and did not receive the notices.  The permits have been issued and the violations are in compliance. The building department case is still open; however, after speaking with Ms. Salinas and taking all the facts into consideration including the money she has invested so far, Staff was willing to waive all costs. 

Maria Salinas was sworn in for testimony.  She confirmed the facts and said she would not have let it get this far if she had known there were two cases with two separate departments.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts ordered all costs be waived leaving a $.00 balance.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
A.
15-0248 508 N 14th Street XJD LLC Shaun Coss

Case Initiated:
 		 April 17, 2015
 		 Type of Presentation:
 		 Request for Extension of Time

OWNER:
XJD LLC
1528 SW Abingdon Avenue
Port St. Lucie, FL 34953		 OCCUPIED BY:


 

Section(s): 5-1-105.1 Permit Required
BDI Shaun Coss read the facts of the case and stated that the application had been applied for on March 3, 2016 but it was rejected on the 15th. The property owner was just learning about the rejection.  He said he would be willing to extend the time for another 60 days.

Royston Dass was sworn in for testimony.  He stated that 60 days should be enough time to complete the process.
 

The Special Magistrate granted the 60 day extension in order for permitting to take place.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting adjourned 9:37 am.

Respectfully submitted:

Colleen Greer
Secretary to the Special Magistrate