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 18, 2016.
1.
CALL TO ORDER:
9:05 am
9:05 am
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Code Compliance Manager (CCM)
Shaun Coss, Building Department Investigator (BDI)
Margaret Arraiz, Code Compliance Manager (CCM)
Shaun Coss, Building Department Investigator (BDI)
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 15-2087 | 602 & 606 N US Highway 1 | Shah Property Holdings LLC | Shaun Coss |
| Case Initiated: | December 4, 2015 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Shah Property Holdings LLC 246 Riverway Dr. Vero Beach, FL 32963 |
OCCUPIED BY: |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 309.1 Infestation
2.
| 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
3.
| 16-0450 | 1019 Jamaica Avenue | Miranda, Jose & Alejandra | Janey Vanderhorst |
| Case Initiated: | February 17, 2016 | Type of Presentation: | Regular - CONTINUED |
| OWNER: Jose L Miranda Jr. Alejandra Miranda 1019 Jamaica Ave Fort Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 5-368 Property Maintenance
4.
| 16-0374 | 1118 Club Drive | Martinez, Laureano & Amparo | Janey Vanderhorst |
| Case Initiated: | February 9, 2016 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Laureano Martinez Amparo Martinez 1118 Club Drive Fort Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
5.
| 16-0308 | 2632 S 10th Street | Lewis, Paul & Marianna | Janey Vanderhorst |
| Case Initiated: | February 2, 2016 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Paul L Lewis Marianna L Lewis 2632 S 10th Street Fort Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
6.
| 15-1848 | 510 N 14th Street | Jean-Pierre, Dominique | Shaun Coss |
| Case Initiated: | October 19, 2015 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Dominique Jean-Pierre 3376 Hatcher St. Fort Pierce, FL 34981 |
OCCUPIED BY: |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.13 Windows, Doors & Frames
IPMC 504.1 Plumbing Fixtures
IPMC 605.1 Electrical Equipment
IPMC 605.3 Luminaires
7.
| 15-2224 | 313 Decordre Court Apt A | Dantilus, Jean R | Shaun Coss |
| Case Initiated: | December 29, 2015 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Jean R Dantilus 854 SE Proctor Ln Port St. Lucie, FL 34983 |
OCCUPIED BY: |
Section: 5-1.101.2.1 Unsafe Building
IPMC 108.1.1
IPMC 108.1.2 Unsafe Equipment
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 304.18.1 Building Security-Doors
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 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
8.
| 16-0317 | 4206 Garrison Lane | Macy, Reid & Rebecca | Janey Vanderhorst |
| Case Initiated: | February 3, 2016 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Reid F & Rebecca Macy Sr. 715 Tumblin Kling Rd Fort Pierce, FL 34982 |
OCCUPIED BY: Tenant 4206 Garrison Ln Fort Pierce, FL 34982 |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 5-368 (6) Fence Maintenance
Section(s): 22-187 (13) Landscape Maintenance
9.
| 16-0306 | 1104 Club Dr | Hedrick, Michael G | Janey Vanderhorst |
| Case Initiated: | February 2, 2016 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Michael G Hedrick 1104 Club Dr Fort Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
4.
PUBLIC HEARINGS - VIOLATION CASES
a.
| 15-2091 | 1217 Easter Avenue | Carranza, Lucia | Shaun Coss |
| Case Initiated: | December 4, 2015 | Type of Presentation: | Regular |
| OWNER: Lucia H Carranza 6715 NE Pinson Ct Port St. Lucie, FL 34983 |
OCCUPIED BY: |
Section: 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.2 Openable Windows
IPMC 305.3 Interior Surfaces
IPMC 505.1 Water System
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
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.
c.
| 15-1421 | 313 Decordre Court | Dantilus, Jean R | Shaun Coss |
| Case Initiated: | August 25, 2015 | Type of Presentation: | Regular |
| OWNER: Jean R Dantilus 854 SE Proctor Ln Port St. Lucie, FL 34983 |
OCCUPIED BY: |
Section: 5-1.105.1 Permit Required
Building Department Investigator (BDI) read the facts of the case and presented photos which were marked as Exhibit 1. He stated that he spoke to the owner prior to the hearing and he is in agreement with the violation.
Jean R. Dantilus was sworn in. He agreed to the violation and stated that he has done his best to comply and he will continue to work with Mr. Coss to get everything corrected.
Jean R. Dantilus was sworn in. He agreed to the violation and stated that he has done his best to comply and he will continue to work with Mr. Coss to get everything corrected.
Special Magistrate Ross found that the violation listed on the summary sheet does exist and that Jean R. Dantilus has committed or is responsible for the violations. She ordered that the violator has 60 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 $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.
d.
| 15-2086 | 1309 N 10th Street | AKG US LLC | Shaun Coss |
| Case Initiated: | December 4, 2015 | Type of Presentation: | Regular |
| OWNER: AKG US LLC 8961 Conference Dr. Suite 2 Fort Myers, FL 33919 |
OCCUPIED BY: |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 304.18.1 Building Security- Doors
IPMC 305.3 Interior Surfaces
IPMC 503.1 Toilet Room Privacy
IPMC 506.2 Sanitary Drainage System Maintenance
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.
g.
| 16-0314 | 2806 S 10th Street | Mackey, Carol R. | Janey Vanderhorst |
| Case Initiated: | February 3, 2016 | Type of Presentation: | Regular |
| OWNER: Carol R Mackey 2806 S 10th Street Fort Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 16-46, 16-47, 16-48 (4) Parking on Other Than Pavement
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Prior to the hearing, Officer Vanderhorst met with the property owner, Carol Mackey. They signed a stipulation stating they would designate the parking space was for parking by using gravel. This should be complied by June 20th or a fine of $50.00 per day would be assessed.
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
0.
| 15-0443 | 2804 S 10th Street | Morales, Adrian | Peggy Arraiz |
| Case Initiated: | March 20, 2015 | Type of Presentation: | Lien Reduction |
| OWNER: Adrian Morales 2804 S 10th Street Ft. Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required.
Code Compliance Manager Peggy Arraiz read the facts of the case and reviewed the 7 criteria required to make a recommendation to the City Commission for reduction of the lien. She stated she had met with Mr. Waller prior to the meeting; however, they were not in agreement to the reduction. She stated Mr. Waller was requesting all fines be rescinded. Ms. Arraiz explained that the fines began in December 2015. Staff had received a request for an extension of time but it was after the fines had started; therefore we scheduled it for a Massey hearing. No one showed up for this hearing so it was rescheduled. Again, no one showed up for the hearing. SM Ross ordered a lien to be placed on the property.
Roderick Waller was sworn in. He was asked what his relationship was to the property owner and he stated he was the general contractor whom Mr. Morales had consulted to take care of the problems. He stated there was a language barrier, and that Mr. Morales had spent much more money that he started out. He said the permit was applied for on 1/22/2016 and completed on 3/24/16. He stated the project was delayed because of engineering taking so long. Mr. Morales was asking for rescindment of the fines or no more than $450.00 dollars.
Ms. Arraiz stated under the circumstances she was in agreement to reducing the administrative fines to $900.00 and would allow them 12 months at $75.00 to pay if approved by the Special Magistrate and the City Commission. Mr. Waller was still not in agreement.
Roderick Waller was sworn in. He was asked what his relationship was to the property owner and he stated he was the general contractor whom Mr. Morales had consulted to take care of the problems. He stated there was a language barrier, and that Mr. Morales had spent much more money that he started out. He said the permit was applied for on 1/22/2016 and completed on 3/24/16. He stated the project was delayed because of engineering taking so long. Mr. Morales was asking for rescindment of the fines or no more than $450.00 dollars.
Ms. Arraiz stated under the circumstances she was in agreement to reducing the administrative fines to $900.00 and would allow them 12 months at $75.00 to pay if approved by the Special Magistrate and the City Commission. Mr. Waller was still not in agreement.
Special Magistrate Ross reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien to $900.00 payable in 12 monthly payments of $75.00. If not paid within that time the lien would revert back to its original amount.
0.
| 09-0635 | 2107 San Marcos Avenue | Monroe, Robert L (EST) | Peggy Arraiz |
| Case Initiated: | March 19, 2009 | Type of Presentation: | Lien Reduction Request |
| PREVIOUS OWNER: Robert L. Monroe (EST) 2107 San Marcos Avenue Ft. Pierce, FL 34946 |
CURRENT OWNER: Carr Investment Properties Inc. (TR) 521 S Andrews Avenue Suite 7 Fort Lauderdale, FL 33301 |
Section(s): 5-368 (1) (2) (3) (4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 16-46, 16-47, 16-48 Nuisance as a Condition
CCM Peggy Arraiz read the facts of the case. She explained that these were excess funds from a tax sale. The city has already received the check and was agreeable to accept this as settlement of the lien.
Special Magistrate Ross reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien to $10,721.79.
7.
REQUEST FOR EXTENSION OF TIME
8.
NEW BUSINESS:
CCM Arraiz went over the proposed changes to Rule 17. She said this would give the
Department, the Board, and the Special Magistrates the authority but not the obligation to reduce
liens and issue release of liens without going to the City Commission.
If the owners were in agreement to pay $5,000 or more for residential and buildings with less than 4 dwelling units and $10,000 or more for commercial and buildings with more than 4 dwelling units and everything is payable in 30 days or if there is an excess funds from a tax sale these reductions/rescindments could be addressed by staff.
If the request does not meet the criteria outlined or the Department determines the request needs further review or the requesting party chooses not to waive his right to a hearing, the Department would schedule a hearing before the Code Board or the Special Magistrate {whichever signed the lien).
All other matters would be determined by the City Commission. She stated that if the reduction request does go before the City Commission, they could assess an administrative fee of $250.00 but that would be determined by the Commission. A fee is not required to go before the City Commission.
CCM Arraiz went over the proposed changes to Rule 17. She said this would give the
Department, the Board, and the Special Magistrates the authority but not the obligation to reduce
liens and issue release of liens without going to the City Commission.
If the owners were in agreement to pay $5,000 or more for residential and buildings with less than 4 dwelling units and $10,000 or more for commercial and buildings with more than 4 dwelling units and everything is payable in 30 days or if there is an excess funds from a tax sale these reductions/rescindments could be addressed by staff.
If the request does not meet the criteria outlined or the Department determines the request needs further review or the requesting party chooses not to waive his right to a hearing, the Department would schedule a hearing before the Code Board or the Special Magistrate {whichever signed the lien).
All other matters would be determined by the City Commission. She stated that if the reduction request does go before the City Commission, they could assess an administrative fee of $250.00 but that would be determined by the Commission. A fee is not required to go before the City Commission.
9.
OLD BUSINESS
Adjourned 9:30 am
Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate
Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate