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Minutes for Special Magistrate Blandino Hearing

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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, JUNE 1, 2016.
 
1.
CALL TO ORDER:
9:10 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager (CCM) Margaret Arraiz, Building Department Investigator (BDI) Shaun Coss, and Code Enforcement Officer Terry Denmark.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-0966 214 Orange Avenue Kraaz & Kraaz Finance Inc. Shaun Coss
 
Case Initiated:  June 20, 2015 Type of Presentation: COMPLIED
 
OWNER:
Kraaz & Kraaz Finance Inc.
124-A N 2nd Street
Ft. Pierce, FL 34950		 OCCUPIED BY:
Affordable Floors
214 Orange Avenue
Ft. Pierce, FL 34950

Section(s): 5-1.105.1 Permit Required.
View Agenda Item
 
2.
16-0680 907 Antigua Avenue Fulston, Barbara Janey Vanderhorst
 
Case Initiated:  March 21, 2016 Type of Presentation: RESCHEDULED 6/5/16
 
OWNER:
Barbara J Fulston
907 Antigua Avenue
Fort Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (8)    Nuisance – Stagnant Water
View Agenda Item
 
3.
15-2056 3030 S US Highway 1 Pleasure Cove FL LLC Janey Vanderhorst
 
Case Initiated:  November 30, 2015 Type of Presentation:  CONTINUED 8/3/16
 
OWNER:
Pleasure Cove FL LLC
PO Box 265
Rossville, GA 30741		 OCCUPIED BY:


 

Section(s): 5-368 Property Maintenance (1)(3)(4)
Section(s): 16-46, 16-47, 16-48 (8) Nuisance – Stagnant Water
View Agenda Item
 
4.
16-0948 2001 Orange Avenue J and J Liquidators Inc Andy Avery
 
Case Initiated:  April 15, 2016 Type of Presentation: COMPLIED
 
OWNER:
J and J Liquidators Inc
4001 SW Rosser Boulevard
Port St Lucie, FL 34953		 OCCUPIED BY:


 

Section(s): 5-73 House Numbers
Section(s): 5-368 (1)(4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
View Agenda Item
 
5.
16-0463 711 Ixoria Avenue Barros,Jose & Glaucimaria Janey Vanderhorst
 
Case Initiated:  February 18, 2016 Type of Presentation: COMPLIED
 
OWNER:
Jose & Glaucimaria Barros
?711 Ixoria Ave
Fort Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (4)  Parking on Other Than Pavement
View Agenda Item
 
6.
16-1242 1800 Surfside drive Callanan, Gregory S Terry Denmark
 
Case Initiated: May 13, 2016 Type of Presentation: CONTINUED 6/15/16
 
OWNER:
Gregory S Callanan
1800 Surfside Drive
Fort Pierce, FL 34949		 NOTICE TO:
Coldwell Banker
2048 SE Federal Highway
Stuart, FL 34994-3918

Section(s):  22-22 (C) Allowed Uses
Section(s) : 9-27 (B) Doing Business without a Tax
View Agenda Item
 
7.
16-0680 907 Antigua Avenue Fulston, Barbara Janey Vanderhorst
 
Case Initiated:  March 21, 2016 Type of Presentation: CONTINUED 6/15/16
 
OWNER:
Barbara J Fulston
907 Antigua Avenue
Fort Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (8)    Nuisance – Stagnant Water
View Agenda Item
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
15-1485 507 S 8th Street Unit A Poturkovic, Kenan Shaun Coss

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

OWNER:
Kenan Poturkovic
507 S 8th Street
Fort Pierce, FL 34950 		 OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 

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.

 
B.
15-1486 507 S 8th Street Unit B Poturkovic, Kenan Shaun Coss

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

OWNER:
Kenan Poturkovic
507 S 8th Street
Fort Pierce, FL 34950 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 

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.
15-2170 5831 Tedder Road Gonzalez, Andres Shaun Coss
 
Case Initiated:  December 16, 2015 Type of Presentation: Regular
 
OWNER:
Andres Gonzalez
413 15th Street SW
Vero Beach, FL 32962 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
Building Department Investigator (BDI) Shaun Coss read in the facts of the case and presented photos marked as Exhibit 1.  Janey Vanderhorst was sworn in as interpreter.  Andres Gonzalez was sworn in for testimony. BDI Coss said there were two pole barns installed without permits.  He spoke to Mr. Gonzalez and he said he has hired an engineer and a contractor. Staff recommends giving him 90 days to comply.
 

The Special Magistrate found that a violation does exist and that Andres Gonzalez 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.

 
D.
15-2188 435 N 23rd Street Greit LLC Shaun Coss

Case Initiated:  December 21, 2015 Type of Presentation: Regular

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
View Agenda Item
 

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.
16-0318 2606 Sunrise Boulevard Van Dam, Lance Janey Vanderhorst

Case Initiated:  February 3, 2016 Type of Presentation: Regular

OWNER:
Lance Van Dam
2606 Sunrise Blvd
Fort Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 5-368     Property Maintenance
View Agenda Item
 

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.

 
F.
16-0324 505 S 8th Street White, Gary & Lisa Shaun Coss

Case Initiated:  February 4, 2016 Type of Presentation: Regular

OWNER:
Gary & Lisa White
1250 Shinn Road
Ft Pierce, FL 34945 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 

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.
16-0485 4080 S 25th Street Gutierrez, Salvador & Ana Janey Vanderhorst
 
Case Initiated:  February 19, 2016 Type of Presentation: Regular
 
OWNER:
Salvador Gutierrez
Ana E Gutierrez
4080 S 25th Street
Fort Pierce, FL 34982		 OCCUPIED BY:



 

Section(s): 16-46, 16-47, 16-48 (1)(5)   Outside Storage
Section(s): 16-25 (C)   Responsibility for Containers
Section(s): 5-368 (4)     Property Maintenance
                                                        
View Agenda Item
 

The Special Magistrate found that the violations did exist 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.

 
H.
16-0714 1905 Sunrise Boulevard McKuhen, Donna J Andy Avery
 
Case Initiated:  March 24, 2016 Type of Presentation: Regular 
 
OWNER:
Donna J McKuhen
1703 Rio Vista Drive
Ft Pierce, FL 34949		 OCCUPIED BY:
Elizabeth Birmingham
1905 Sunrise Boulevard
Ft Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
Section(s): 2013 NEC Temporary Lighting
 
View Agenda Item
 

The Special Magistrate found that the violations did exist 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.

 
I.
16-1063 1215 Texas Court Walcott, Anishia O Andy Avery
 
Case Initiated:  April 26, 2016 Type of Presentation: R & D
 
OWNER:
Anishia O Walcott
1215 Texas Court
Ft Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 16-25 (C) Responsibility for Containers
View Agenda Item
 

The Special Magistrate found that the violations did exist 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.

 
J.
16-1176 614 Emil Drive Garcia, Corina Janey Vanderhorst
 
Case Initiated:  May 11, 2016 Type of Presentation:             R&D
 
OWNER:
Corina Garcia
503 Holly Avenue
Fort Pierce, FL 34982		 OCCUPIED BY:
Tenant
614 Emil Drive
Fort Pierce, FL 34982

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
Section(s): 22-22 (a – e)   Mobile Homes Prohibited
Section(s): 16-46, 16-47, 16-48 (10) (D)  Non-Operable Vehicles
View Agenda Item
 

The Special Magistrate found that the violations did exist 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.
15-0598 806 N 17th Street Seventeenth Street Church of God Shaun Coss

Case Initiated:  April 17, 2015 Type of Presentation: Massey Hearing

OWNER:
Seventeenth Street Church of God
802 N 17th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required.
View Agenda Item
Code Compliance Manager (CCM) Peggy Arraiz read the facts of the case and explained that an email had been sent to the Building Department.  There was a breakdown in communication and there was a 9 day lapse in complying the violation.  Due to these circumstances Staff is agreeable to waiving the fine.  She then read in the 3 criteria for Rule 16.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be waived.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
A.
15-1112 3794 Oleander Avenue Faith Baptist Church of FP Shaun Coss

Case Initiated:  July 15, 2015 Type of Presentation: Extension of Time

OWNER:
Faith Baptist Church of FP
3607 Oleander Avenue
Ft. Pierce, FL 34982		 OCCUPIED BY:
Faith Baptist Church of FP
3794 Oleander Avenue
Ft. Pierce, FL 34982

Section(s): 5-1.105.1 Permit Required.
View Agenda Item
BDI Shaun Coss read the facts of the case.  He stated that the case had come before him previously for an extension.  Pastor Ronald Hodge was sworn in for testimony.  He stated that they had been having difficulty between the engineers and the architects.  They are preparing the drawings and they should be ready within the week.  BDI Coss recommended an extension of 60 days or until the next hearing date.
 

↵The Special Magistrate granted an extension of 60 days or until the next Special Magistrate meeting of August 3 to comply with the order dated November 4, 2015. The accrual of fines are to be abated until further determination by the Special Magistrate.

 
B.
15-0639 600 N 15th Street Brunson, Brenda Shaun Coss

Case Initiated:  April 23, 2015 Type of Presentation: Extension of Time

OWNER:
Brenda Brunson & Sherika Gay
600 N 15th Street
Ft. Pierce, FL 34950		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
View Agenda Item
BDI Shaun Coss read the facts of the case.  He stated there was a very tall fire pit in the front yard and an exterior door constructed without a permit.  The building department requires engineer drawings.  Staff was agreeable to a 90 day extension but would like the Special Magistrate to state in the order that this is the last and final extension. 
 

The Special Magistrate after hearing the case ordered a 90 day extension to comply with the order dated December 2, 2015. He also said this would be the last and final extension but after obtaining the permit they would have 180 additional days to comply with the conditions of the permit.

 
C.
15-0967 300 S US Highway 1 Kraaz & Kraaz Finance, Inc. Shaun Coss

Case Initiated: June 20, 2015 Type of Presentation: Extension of Time

OWNER:
Kraaz & Kraaz Finance, Inc.
124-A N 2nd Street
Ft. Pierce, FL 34950		 OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required.
View Agenda Item
BDI Shaun Coss read in the facts of the case and stated the permits had been applied for.  Staff recommended a 60 day extension.
 

The Special Magistrate ordered a 60 day extension.

 
D.
14-1688 1209 Raymond Avenue Isenhour, Bruce Andy Avery

Case Initiated:  August 18, 2014 Type of Presentation: Extension of Time

OWNER:
Bruce R. Isenhour
1209 Raymond Avenue
Ft. Pierce, FL 34982		 OCCUPIED BY:


 

Section(s): 5-368 (1) (3) (4) Property Maintenance
View Agenda Item
Code Enforcement Officer Andy Avery was sworn in.  He read the facts of the case.  He stated that Mr. Isenhour had made some effort to comply the violations; however due to his health issues he could not afford to do it all and was physically unable to do the work.  Mr. Avery had spoken to Libby Woodruff, the project administrator for SHIP prior to the hearing.  She informed Mr. Avery that Mr. Isenhour was on the list but it may be 6 months before anything would be done.  Staff recommended extending an additional 6 months to allow the SHIP program to aid Mr. Isenhour in rehabilitating his home.
 

Special Magistrate ordered an extension of 6 months in order for the Ship program to help in the rehab of Mr. Isenhour's home.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting adjourned 9:50 AM

Respectfully submitted:
Colleen Greer
Secretary for the Special Magistrate