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.

BDI Shaun Coss read the facts of the case and presented photos which were marked as composite exhibit 1.  He stated that this investigation came to him as a tenant complaint. 

Robert Simonson was sworn in for testimony.  He stated that he had a tenant who fell on hard times.  He continued to live there for 5 months and he paid no rent.  He got a water leak and did not report it.  Mr. Simonson says they didn't know about the leak until he received a copy of the FPUA bill which did not get paid by the tenant.  This is when he found out about the leak.

The Special Magistrate found that a violation does exist and that Franca S & Robert Simonson has committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.

BDI Shaun Coss read the facts of the case and presented photos which were marked as composite exhibit 1. 

Robert Simonson, who is the husband of Franca Simonson continued his testimony for this case.  He stated that they have hired a general contractor and the property has been treated for pest control.  He presented the invoice for pest control and the general contractor's contract with his invoice showing them as being paid. These items were marked as exhibit 2, 3, and 4. 

Asst. City Attorney McCain confirmed that Mrs. Simonson knows Mr. Simonson is there representing her and she said he does; that she is at work and couldn't make it.  

The Special Magistrate found that a violation does exist and that Franca S Simonson has committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.

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.

BDI Shaun Coss read the facts of the case and presented photos which were marked as composite exhibit 1. Two stop work orders have been issued due to work being done without a permit, but they did not stop.

Code Enforcement Officer Isaac Saucedo was sworn in as Spanish translator.   Maria Dominguez was sworn in.  She stated that the work was done before she purchased the property.  The only thing she has done is paint.  She presented her own photos for consideration; however, they did not show any proof about the violations.  They were returned to Ms. Dominguez. Ms. Dominguez said that she has been ill and they are both disabled.  They have no funds to hire a contractor.

BDI Coss believes the work was done after the purchase in 2015.  The owners obtained the property through a special tax deed.  They did not do a title search.  He stated there are safety issues and the property owners can apply to do some of the work themselves.  However, work to floor and exterior of foundation in the back of the house will have to have a contractor sign off on it.  They will need to obtain permits and if they refuse to do this, the property will be condemned.

The Special Magistrate found that the violation does exist and that Maria Dominguez & Antonio Risco 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.

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.

BDI Shaun Coss read the facts of the case and presented photos marked as composite exhibit 1.  He said he had met with the property manager prior to the meeting and agreed to extend the time to 90 days.

Mr. Myron Varn, property manager for the owners was sworn in.  He agreed to the violations and asked for more time to make the corrections.  Special Magistrate Blandino asked if 90 days was enough and he said it should be.

The Special Magistrate found that the violation(s) 5-1.101.2.1, 5-1.105.1, IPMC 304.1, 305.2, and IPMC 605.1 do exist and that James G. Lance Jr. and Mary T. Lance have committed or is responsible for the violations. He 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 his decision in the Circuit Court of St. Lucie County.

Mr. Nivaldo Vazquez representing Interamerican Bank FSB and Code Enforcement Officer Janey Vanderhorst signed a stipulation this date stating they would remove the storage unit (Pod)  In the event the violation is not remedied 30 days or on or before May 6, 2016, there shall be imposed a fine pursuant to Section 162.09, Fla. Stat., 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.

BDI Shaun Coss read the facts of the case.  He stated that the owners had applied for the permit but let it expire.  He applied again and again let the permit expire.  They have applied again and the only thing he has to do is get a final inspection in order to complete the violation. He said Staff was asking for review and determination.

Valentin Garcia was sworn in as translator for Mr. Garcia.  Mr. Garcia agreed to the violation and said he would request the final inspection.

The Special Magistrate found that section 5-1.105.1 and 5-1.105.4.1.2 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.

The Special Magistrate found that section 16-46, 16-47, 16-48 (10) (D) 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.

Code Enforcement Officer Terry Denmark read the facts of the case and explained that short term rentals for less than 6 months required a conditional use permit.

Charlene Adair was sworn in for testimony.  She stated that this owner was denied a conditional use permit by the City, but they continue to do short term rentals.  She stated that as a member of the South Beach Association she and others who are in the room today are supportive of this city ordinance as it stands.

She said she inquired via the internet web site whether there was any vacation rentals available for less than a month.  She received a response back that there was and was given a telephone number to call for more information.

Steve Smith, attorney for the property owner Ted Hollander, objected to most of Ms. Adair's testimony.  He then cross-examined her asking who Lee Blair 32 was.  She said that was the name she used when she sent messages over the internet so she wouldn't receive spam.  He asked her who she was inquiring for and she said someone from out of town who wished to rent the property for a couple of weeks.  He asked who it was and she would not tell.  He demanded but SM Blandino said she did not have to identify them.  Mr. Smith then said Ms. Adair was conspiring to violate the code as she was aware of the no vacation rentals for less than 6 months. She said no she wasn't conspiring she was just making an inquiry for someone else.

SM Blandino asked how all of this came about.  CE Officer Denmark said they received a complaint via an email.  Ms. Adair said Officer Denmark has the email with the property owners response to call with a telephone number to discuss.  Mr. Smith asked if she knew for sure that the response came from an individual known as Mr. Hollander or was it someone else answering the ad.  He asked if she received any more emails from this individual known as Ted Hollander.  At first she gave no answer and then she said she did reply back to him and he sent back a reply that the city required rentals of 6 months or more.  Mr. Smith asked Officer Denmark if he received this email and he said no.  She said she gave all of the emails to Peggy and Mr. Smith asked who Peggy was.  CE Officer Vanderhorst said Peggy is the Code Compliance Manager but she's out this week.

Ms. Adair said the issue is all the rentals;  there were people coming and going all the time from this residence.  Mr. Smith asked her if she knew for sure whether they were renters or were they guests. He asked her if she was conspiring to be in violation to the code when she responded that she would keep quiet but wanted to know if he would rent the place for 2 weeks.  She said no, she was simply inquiring for them.  There was no agreement to anything.

After this question was asked Steve McCain,  Asst. City Attorney, asked for a brief recess.  After a few minutes of discussion outside the chambers, they returned.  Mr. McCain said due to the fact Ms. Arraiz was not present and her testimony was necessary to the case; therefore, he was requesting a continuance.  Mr. Smith said he objected; they were ready to continue and would like to finish even if it takes all day.  He said he was there and did not want to come.  The emails do exist and are not relevant to Ms. Arraiz but to Ms. Adair.  Unless the Special Magistrate wants to dismiss this case today, he would rather continue.  Mr. McCain said because Ms. Arraiz testimony would be beneficial to the case and  for the matter of the economy, how long it was taking, he was requesting to continue the case.

Special Magistrate Blandino stated that he wanted to see proof that a violation exists before he rules on the case. This was a case of "judicial economy".

Special Magistrate Blandino said due to the fact that the Code Compliance Manager Ms. Arraiz is absent today and her testimony is necessary he ordered the case be continued.

Code Enforcement Officer Janey Vanderhorst read the facts of the case and presented the 7 criteria required to consider in recommending a lien reduction or rescindment. 

Ryan Andrew, the current owner, was sworn in.  He stated that 30 days should be plenty of time to make the payment and asked when the City Commission meeting would be.

Staff said everything was ready except the results of this hearing and scheduled for April 18.

Special Magistrate Blandino reviewed the 7 criteria required by Rule 17 and he would recommend the City Commission reduce the lien to $3,695.56 payable in 30 days. If not paid within that time the lien would revert back to its original amount.