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Minutes for Special Magistrate Blandino 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, MAY 4, 2016.
 
1.
CALL TO ORDER:
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Code Compliance Manger
Shaun Coss, Building Department Investigator (BDI)
 
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-0480 707 El Rancho Drive Tovar, Rita & Martin Janey Vanderhorst
 
Case Initiated:  February 19, 2016 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Rita Tovar
Martin Tovar
707 El Rancho Drive
Fort Pierce, FL 34982
OCCUPIED BY:
 


 

Section: 16-46, 16-47, 16-48 (1)(5)  Outside Storage
 
2.
16-0482 712 El Rancho Drive Miranda, Rafael Janey Vanderhorst
 
Case Initiated:  February 19, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Rafael Miranda
712 El Rancho Drive
Fort Pierce, FL 34982
OCCUPIED BY:


 

Section: 16-46, 16-47, 16-48 (1)(5)  Outside Storage
 
3.
16-0484 714 El Rancho Dr Norbella Investments LLC Janey Vanderhorst
 
Case Initiated:  February 19, 2016 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Norbella Investments LLC
1806 N Pembroke Pines Suite 316
Pembroke Pines, FL 33028
OCCUPIED BY:
Tenants 
714 El Rancho Dr
Fort Pierce, FL 34982

Section: 16-46, 16-47, 16-48 (1)(5)  Outside Storage
 
4.
16-0481 711 El Rancho Drive Estrada, Maria A Janey Vanderhorst
 
Case Initiated:  February 19, 2016 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Maria A Estrada
711 El Rancho Drive
Ft Pierce,  FL 34982
OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (11)  Outside Storage-Indoor Furniture
 
5.
15-2001 3626 S US Highway 1 U-Haul Co of Florida 10 LLC Shaun Coss
 
Case Initiated:  November 9, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
U-HAUL CO OF FLORIDA 10 LLC
2727 N CENTRAL AVE #500N
PHOENIX, AZ 85004
OCCUPIED BY:
U-HAUL
3626 S US HWY 1
FORT PIERCE, FL 34982 

Section(s): 5-1.105.4.1.2- Expired Permit
Section(s): 5-1.105.1- Permit Required
 
6.
15-2188 435 N 23rd Street Greit LLC Shaun Coss
 
Case Initiated:  December 21, 2015 Type of Presentation: Regular - RESCHEDULED
 
OWNER:
GREIT LLC
10700 SW SOUTHGATE CT
PORT ST. LUCIE, FL 34987 
OCCUPIED BY:


 

Section(s): 5-1.105.1- Permit Required
Section(s): 5-1.101.2.1- Unsafe Building
IPMC 304.13- Windows, Doors and Frames
IPMC 304.15- Exterior Doors
IPMC 305.3- Interior Surfaces
IPMC 309.1- Infestation
IPMC 504.1- Plumbing Fixtures
IPMC 506.2- Sanitary Drainage System Maintenance
IPMC 602.2- Residential Heat Supply
IPMC 603.1- Mechanical Equipment
IPMC 605.1- Electrical Equipment
IPMC 605.2- Electrical Receptacles
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
15-1900 1004 Texas Court Saeed, Ghazanfar Shaun Coss

Case Initiated:  October 22, 2015 Type of Presentation: Regular

OWNER:
GHAZANFAR SAEED & MUHAMMAD AFZAL
5201 PALEO PINES CIR.
FT PIERCE, FL 34951
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 304.1- Exterior Structure
IPMC 304.7- Roofs and Drainage
IPMC 304.13- Windows, Doors and Frames
IPMC 304.13.2- Openable Windows
IPMC 304.14- Insect Screens
IPMC 305.3- Interior Surfaces
IPMC 504.1- Plumbing Fixtures
IPMC 603.1- Mechanical Equipment
IPMC 605.1- Electrical Equipment
IPMC 605.2- Electrical Receptacles
IPMC 605.4- Wiring
IPMC 704.2- Smoke Alarms
Building Department Investigator (BDI) Shaun Coss read the facts of the case and presented photos which were marked as composite Exhibit 1 dated 10/21/2015.  He stated this was a tenant complaint and possibly the tenant did most of the damage.  He spoke to Mr. Saeed prior to the meeting and he has agreed that 60 days is enough time for him to obtain the permit and then he has 180 days to comply with the conditions of the permit.

Ghazanfar Saeed was sworn in and stated that the building came as is but agreed they were in violation and would obtain the permit and make all corrections to bring the property into compliance.
 

The Special Magistrate found that a violation does exist and that Ghazanfar Saeed & Muhammad Afzal have 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 all 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.

 
B.
15-1925 1008 Bell Avenue Rowan Construction LLC Shaun Coss

Case Initiated:  October 26, 2015 Type of Presentation: Regular

OWNER:
ROWAN CONSTRUCTION LLC
10455 S 85TH ST.
VERO BEACH, FL 32967
OCCUPIED BY:
REARDEN STEEL MANUFACTURING LLC
1008 BELL AVE.
FORT PIERCE, FL 34982
 
OCCUPIED BY:
POWERLIFT HYDRAULIC DOORS OF FLORIDA
1008 BELL AVE.
FORT PIERCE, FL 34982
 

Section(s): 5-1.105.1Permit Required
BDI Shaun Coss read the facts of the case and presented photos which were marked as composite Exhibit 1 dated 10/27/2015.  He stated the office trailer has been removed and the owner has submitted application for the hydraulic door. 
 

The Special Magistrate found that a violation does exist and that Rowan Construction LLC 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 all 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.

 
E.
16-0185 221 Fisherman's Wharf River Marina, Inc. Shaun Coss

Case Initiated:  January 21, 2016 Type of Presentation: Regular

OWNER:
RIVER MARINA, INC.
PO BOX 466
PALM CITY, FL 34991 
OCCUPIED BY:


 

Section(s): 5-318.101- Floodplain Development Permit Required
This is a combined case presented by BDI Shaun Coss who read both cases in and presented photos which were marked as composite Exhibit 1 dated 1/21/2015.  He stated the tenants adjacent to this address used the property for storage and laid sod without obtaining a Flood Plain Development Permit.  All material has since been removed.

McAlpin Daniel, the property owner, was sworn in.  He said he had been told that a permit had been obtained, but it had not. He has now applied for one and is waiting for it to be approved.
 

The Special Magistrate found that a violation does exist and that River Marina, Inc. has committed or is responsible for the violations. He ordered that the violator has 30 days in which to apply for the permit and comply with all conditions of the permit. In the event the violations are not cured or complied within the time period given, a fine of $250.00 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.

 
F.
16-0186 219 Fisherman's Wharf River Marina, Inc. Shaun Coss

Case Initiated:  January 21, 2016 Type of Presentation: Regular

OWNER:
RIVER MARINA, INC.
PO BOX 466
PALM CITY, FL 34991
OCCUPIED BY:


 

Section(s): 5-318.101- Floodplain Development Permit Required
This is a combined case presented by BDI Shaun Coss who read both cases in and presented photos which were marked as composite Exhibit 1 dated 1/21/2015.  He stated the tenants adjacent to this address used the property for storage and laid sod without obtaining a Flood Plain Development Permit.  All material has since been removed.

McAlpin Daniel, the property owner, was sworn in.  He said he had been told that a permit had been obtained, but it had not. He has now applied for one and is waiting for it to be approved.
 
 

The Special Magistrate found that a violation does exist and that River Marina, Inc. has committed or is responsible for the violations. He ordered that the violator has 30 days in which to apply for the permit and comply with all conditions of the permit. In the event the violations are not cured or complied within the time period given, a fine of $250.00 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.

 
G.
15-0694 3010 Carver Street Jones, Yvonne Shaun Coss

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

OWNER:
YVONNE JONES
3010 CARVER ST.
FORT PIERCE, FL 34947
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 composite Exhibit 1 dated 5/9/2015.  He stated the travel trailer is sitting on blocks and needs to be removed and returned to its original purpose.  They have removed the electric and plumbing.  There is no one living there at this time.

Yvonne Jones was sworn in.  She stated she didn't have anything to do with the trailer; that it was done by FEMA.  She did agree to get it back to a movable position.
 

Special Magistrate ordered that this case be continued for 90 days or until August 3 hearing date.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
09-2795 114 Maple Avenue Guerrier, Yves Peggy Arraiz

Case Initiated:  November 10, 2009 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Yves Guerrier
114 Maple Avenue
Ft. Pierce, FL 34982
CURRENT OWNER:
Bank of America
7887 Safeguard Cir
Valley View, OH 44125

Section(s): 22-187 (13) Landscape Maintenance
Section(s): 5-368 (4) Property Maintenance
Section(s): 16-25 (C) Responsibility for Containers
Section(s): 5-369 Vacant Buildings
Code Compliance Manger Peggy Arraiz read the facts of the case.  She stated Staff was willing accept $8,500.00 as settlement for this lien. There was no one present to represent the bank.
 

Special Magistrate Blandino reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien to $8,500.00 payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
B.
11-1341 701 Delaware Avenue Delaware's Petroleum Services Peggy Arraiz

Case Initiated:  August 25, 2011 Type of Presentation: Revised Req for Reduction

PREVIOUS OWNER:
Hein Van Ngueyen
Delaware's Petroleum/Services
641 NW Selvitz Road
Port St. Lucie, FL 34983-1052
CURRENT OWNER:
Ryan Andrew, Trustee
c/o Steve Tarr
4521 PGA Blvd, #201
Palm Beach Gardens, FL 33418

Section(s): 5-368 (1) (4) (6) Property Maintenance.
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage.
Section(s): 15-3 (C) (1) Sign Removal.
Code Compliance Manger Peggy Arraiz read the facts of the case.  She stated this case had come before the Special Magistrate earlier but while preparing for the City Commission meeting learned there was excess funds from the tax sale.  Staff approached Mr. Andrew and Mr. Tarr about revising the reduction request.  They were agreeable because this would not cost them out of pocket.  There is over $57,000.00 in excess funds of which we have told we would get the majority.  Staff is willing to accept whatever amount is sent to us as settlement for this lien.

There was no one present to represent this reduction request.
 

Special Magistrate Blandino recommended amending the amount of $3,695.56 to funds received from the Clerk of Court and on receipt of payment recommend the City Commission reduce the lien to this amount.

 
7.
REQUEST FOR EXTENSION OF TIME
 
A.
15-0679 3625 S US Highway 1 Motel FP LLC Shaun Coss

Case Initiated: April 30, 2015 Type of Presentation: Extension of Time

OWNER:
Motel FP LLC
3625 S US Highway 1
Ft. Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment
BDI Shaun Coss read the facts of the case.  He stated the owner had hired a contractor who took advantage of him.  He has now hired a new contractor who has applied for the permit and it has been granted.  Staff is willing to grant 60 additional days to comply.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated October 8, 2015 be and the same is hereby granted to the extent specified in this Order.

  1. In the event the violations specified in said Order Determining Violation dated October 8, 2015 are not remedied within 60 days of May 4, 2016 there shall be imposed a fine at a daily, cumulative rate of $100.00.
  2. All other provisions of said Order Determining Violation dated October 8, 2015? shall remain in full force and effect.

 
8.
NEW BUSINESS
Amendment to Rule 17 - Lien Reduction Requests.
 

 
 
9.
OLD BUSINESS
 
A.
16-0498 2025 S Ocean Drive Hollander, Ted L Peggy Arraiz

Case Initiated:  February 23, 2016 Type of Presentation: Motion to Dismiss

OWNER:
Ted L. Hollander
6502 NW 63rd Way
Parkland, FL 33067
OCCUPIED BY:
Ted L. Hollander
2025 S. Ocean Drive
Fort Pierce, FL 34949
3rd ADDRESS:
6502 NW 63rd Way
Coral Springs, FL 33067
 

Sec. 22-22 (C)        Allowed uses
Section: 9-27 (B)    Doing Business without a Tax
Code Compliance Manager Peggy Arraiz asked that Special Magistrate dismiss this case without prejudice.
 

Special Magistrate ordered that the case issued against Mr. Ted L. Hollander?, based upon the additional evidence presented at the hearing held on April 6, 2016 and the confirmation of the information provided, be dismissed without prejudice should additional infractions occur or additional evidence be presented at a later date.

Meeting adjourned 9:30 AM.

Respectfully submitted:

Colleen Greer
Secretary to the Special Magistrate