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Minutes for Special Magistrate Ross Hearing

MINUTES OF A REGULAR MEETING OF THE SPECIAL MAGISTRATE  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, APRIL 20, 2016.
 
1.
CALL TO ORDER:
Meeting called to order 9:05 am.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager Margaret Arraiz, Code Officer Andy Avery, Building Department Investigator Shaun Coss, and Parks & Grounds Manager Paul Bertram.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-1896 2904 Okeechobee Road St Lucie Habitat for Humanity Shaun Coss
 
Case Initiated:  October 22, 2015 Type of Presentation: Regular - CONTINUED
 
OWNER:
St. Lucie Habitat for Humanity
702 S 6th Street
FORT PIERCE, FL 34950 
OCCUPIED BY:
St. Lucie Habitat for Humanity
2904 Okeechobee Road
Ft. Pierce, FL 34947

Section(s): 5-1.105.1  Permit Required
Section(s): 5-1.105.4.1.2  Expired Permit
 
2.
 
15-1658 1998 N US Highway 1 Monica Investment Group Inc. Shaun Coss
 
Case Initiated:  October 1, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Monica Investment Group Inc.
402 High Point Drive, Suite 101
Cocoa, FL 32926
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
3.
16-0241 1206 Avenue D Joseph, Marie M Shaun Coss
 
Case Initiated:  January 25, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Marie M. Joseph
301 N 19th Street
Ft. Pierce, FL 34950
OCCUPIED BY:


 

IPMC 304.1  Exterior Surfaces
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
15-1627 1206 Avenue D Joseph, Marie M Shaun Coss

Case Initiated:  September 28, 2015 Type of Presentation: Regular

OWNER:
Marie M. Joseph
301 N 19th Street
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1  Permit Required
BDI Shaun Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He said a privacy fence was installed without a permit and Staff is requesting that they obtain a permit or take the fence down.  He spoke to Marie Joseph prior to today's meeting and she agreed to take the fence down.

Marie Joseph was sworn in and confirmed that she would take the fence down.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Marie M. Joseph has committed or is responsible for the violations. She ordered that the violator(s) have 60 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time frame given, a fine of $100.00 per day will be assessed for each day the violation continue(s) 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.

 
C.
15-1668 214 N 25th Street Hip Hop Properties LLC Shaun Coss

Case Initiated:  October 1, 2015 Type of Presentation: Regular

OWNER:
Hip Hop Properties LLC
216 N 25th Street
Ft. Pierce, FL 34947
OCCUPIED BY:
Raziyah Caribbean
214 N 25th Street
Ft. Pierce, FL 34947

Section(s): 5-1.105.1  Permit Required
BDI Shaun Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He said the sign face on the wall sign was changed without obtaining a permit.

Richard Williams was sworn in as representative of the Raziyah Caribbean Club.  He said the sign was there before he purchased the property.  All he wanted to do was slide something into the sign that would show the name change and didn't know that would require a permit.

BDI Coss said he could not change the sign or move it; that he would have to obtain the services of a contractor to pull a permit.
 

The Special Magistrate found that a violation does exist and that Raziyah Caribbean 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.

 
D.
15-1704 2010 Avenue D Shreiteh, Nael Shaun Coss

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

OWNER:
Nael Shreiteh
153 NW Dorchester Street
Port St. Lucie, FL 34983
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.
15-1835 608 S 10th Street Milien, Seloncoeur Shaun Coss

Case Initiated:  October 19, 2015 Type of Presentation: Regular

OWNER:
Seloncoeur Milien
608 S 10th Street
Ft. Pierce, FL 34950
INTERESTED PARTY:
Erna Milien
12064 Siherley Street
Naples, FL 34113

Section(s): 5-1.101.2.1  Unsafe Building
IPMC 108.1.1  Unsafe Structure
IPMC 304.7  Roofs and Drainage
IPMC 304.13  Windows, Doors and Frames
IPMC 305.3  Interior Surfaces
IPMC 305.4  Walking Surfaces
IPMC 305.2  Structural Members
IPMC 502.1  Required Facilities
IPMC 504.1  Plumbing Fixtures
IPMC 704.1  Fire Protection Systems
Although no one was present BDI Coss read the facts of the case stating that everything was in compliance except 5-1.101.2.1, IPMC 108.1.1, IPMC 304.7, 304.13, and 704.1.  It is considered an unsafe building due to the absence of smoke alarms.
 

Special Magistrate ordered that a violation does exist and that Seloncoeur Milien 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.

 
G.
15-1914 2710 Avenue I Brown, Jero & Crystal Shaun Coss

Case Initiated:  October 23, 2015 Type of Presentation: Regular

OWNER:
Jero & Crystal Brown
2710 Avenue I
Ft. Pierce, FL 34947
OCCUPIED BY:


 

Section(s):   5-1.101.2.1  Unsafe Building
IPMC 304.7  Roofs and Drainage
IPMC 305.3  Interior Surfaces
IPMC 605.2  Electrical Receptacles
 

Special Magistrate ordered that a violation does exist and that Jero & Crystal Brown 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.

 
H.
15-2149 700 Boston Avenue Ambridge, Kathlein H Andy Avery

Case Initiated: January 25, 2016  Type of Presentation: Regular 

OWNER:
Kathlein H Amberidge
801 S Federal Highway #717
Pompano Beach, FL 33062







 
OCCUPIED BY:
Lina Addor
700 Boston Avenue (A)
Ft.Pierce, FL 34950

Sara L Dailey
700 Boston Avenue (B)
Ft. Pierce, FL 34950

Tenant
700 Boston Avenue (C)
Ft. Pierce, FL 34950

Section(s): 5-368 (1)(3)(4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-25 (C) Responsibility for Containers
Section(s): 5-73 House Numbers
Section(s): 5-368 (6) Fence Maintenance

Section(s): 11-11 Storage of Commodities
Code Enforcement Officer Andy Avery read the facts of the case and stated everything was in compliance except the property maintenance.  He had spoke to Ms. Amberidge prior to the hearing and she is in agreement to the violation and that she can have it corrected within the 30 days.
 

Special Magistrate Ross found that the violation sections 5-368 (1) (3) (4) do exist and that Kathlein H. Amberidge? has committed or is responsible for the violations. She ordered that the violator(s) have 30 days in which to comply with the city code of ordinances. In the event the violation(s) 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(s) continue 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.

 
J.
16-0520 221 Indian Hills Drive Lee, Sang Yong Isaac Saucedo
 
Case Initiated:  February 24, 2016 Type of Presentation:  Regular - STIPULATION
 
OWNER:
Sang Yong Lee
221 Indian Hills Drive
Ft Pierce, FL 34949
OCCUPIED BY:
 

 

Section(s): 5-368 Property Maintenance
Mr. Sang Yong Lee and Code Enforcement Officer Isaac Saucedo signed a stipulation this date stating that he, Mr. Lee would obtain a permit from the building department within 15 days to repair the broken sliding glass door.  In the event the violation is not remedied 15 days or on or before May 5, 2016, there shall be imposed a fine pursuant to Section 162.09, Fla. Stat., at a daily cumulative rate of $75.00 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.
 
K.
16-0523 1889 N U.S. Highway 1 Taylor Creek LLC Isaac Saucedo

Case Initiated: February 24, 2016 Type of Presentation:  Regular

OWNER:
Taylor Creek LLC
8000 SW 67th Avenue
Miami, Florida 33143
OCCUPIED BY:
 

 


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

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.

 
L.
16-0625 424 E Weatherbee Road Bui, Nghia H Isaac Saucedo

Case Initiated:  March 15, 2016 Type of Presentation:  Regular

OWNER:
Nghia H Bui
?424 E Weatherbee Road
Ft Pierce, Fl 34982
OCCUPIED BY:


 

Section(s): 22-192 (A), 22-177 Tree Removal
Code Enforcement Officer Isaac Saucedo read in the facts of the case and presented photos that were marked as composite Exhibit 1 showing the trees that were  removed and Exhibit 2 the receipt for payment that Mr. Bui paid to the Arbormaster's Tree Service and Lot Clearing to remove and haul off the trees.

Code Compliance Manager Peggy Arraiz said that the total number of trees counted was 67.  The Parks & Grounds Manager, Paul Bertram was also there.  She said the tree service told Mr. Bui that they did not need a permit and Staff has issued citations to them to appear in front of the county judge. Our recommendation is a standard procedure; however,  Staff is willing to reduce the fines to $4,200.00 giving them 12 months to pay and meet with Paul to establish a landscape plan to replant the trees.

Mr. Thu Bui, the owner and Mr. Nghia Bui (aka Lee), his son were sworn in.  Nghia Bui was also sworn in to be the Vietnamese translator.  He confirmed everything that Ms. Arraiz had said and that they had trusted the tree company to tell them right.  They agreed to the payment plan and meeting with Mr. Bertram.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Nghia H. Bui has committed or is responsible for the violations. She ordered that the violator(s) pay $4,200.00 ($350.00 for 12 months paid to the City Tree Fund) and meet with Paul Bertram to establish a landscape plan to re-plant trees to benefit the land. In the event the violation(s) are not cured or complied within the time period given the case will return to the Special Magistrate for further consideration.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS

Adjourned 9:35 am.

Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate