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Minutes for Special Magistrate Ross 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 15, 2016.
 
1.
CALL TO ORDER:
9:10 AM.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Terry Denmark, Janey Vanderhorst, and Shaun Coss were sworn in.
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
a.
15-2056 3030 S US Highway 1 Pleasure Cove FL LLC Janey Vanderhorst
 
Case Initiated:  November 30, 2015 Type of Presentation:  Regular -PULLED
 
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
 
b.
11-2242 202 S 10th Street Pierre, Marjorie Shaun Coss
 
Case Initiated:  March 1, 2011 Type of Presentation: Regular - COMPLIED
 
OWNER:
Marjorie J Pierre
202 S 10th St. 
Fort Pierce, FL 34950 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment
IPMC 504.1 Plumbing Fixtures
IPMC 605.1 Electrical Equipment
Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.105.4.1.2 Expired Permit
View Agenda Item
 
c.
16-1242 1800 Surfside Drive Callanan, Gregory S Terry Denmark
 
Case Initiated: May 13, 2016 Type of Presentation: Regular - PULLED
 
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
 
d.
15-1198 1102 S US Hwy 1 Lemen Inc. Shaun Coss
 
Case Initiated:  July 27, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Lemen Inc.
3401 S US Hwy 1, Suite 2
Fort Pierce, FL 34982		 OCCUPIED BY:
The Castle Antiques & Collectibles
1102 S US Hwy 1
Fort Pierce, FL 34950

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 
e.
15-2093 1821 S 31st Street Ordep Investment Group LLC Shaun Coss
 
Case Initiated:  December 4, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Ordep Investment Group LLC
10625 SW 80th Ct.
Miami, FL 33156 		 OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 
f.
16-0963 601 Holly Avenue Garcia, Jose & Maria Luna Janey Vanderhorst
 
Case Initiated:  April 15, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Jose A Garcia
Maria E Luna
1608 Paseo Avenue
Ft Pierce, FL 34982		 OCCUPIED BY:
Tenants
601 Holly Ave 
Ft. Pierce, FL 34982
 

Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 5-368 (6) Fence Maintenance
View Agenda Item
 
g.
16-0962 600 Holly Avenue Lopez, Urbano Janey Vanderhorst
 
Case Initiated:  April 15, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Urbano Lopez
600 Holly Avenue
Ft. Pierce, FL 34982		 OCCUPIED BY


 

Section(s): 2008 NEC Temporary Lighting
Section(s): 5-368   Property Maintenance
View Agenda Item
 
h.
15-2240 2579 S US Highway 1 NV, Ehden Isaac Saucedo
 
Case Initiated:  12-30-2015 Type of Presentation: Regular- COMPLIED

OWNER
OWNER:
Eden Nv
2517 S US Highway 1
Fort Pierce, FL 34950		 OCCUPIED BY:
Wireless One LLC
2579 S US Highway 1
Fort Pierce, FL 34950

 
Section(s): 9-27 (B) Doing Business without a Tax
View Agenda Item
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
a.
16-0680 907 Antigua Avenue Fulston, Barbara Janey Vanderhorst
 
Case Initiated:  March 21, 2016 Type of Presentation: Regular
 
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
 

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.

 
D.
15-2136
 		 1703 Francis Court
 		 Lacknauth, Dave
Lacknauth, Katy		 Terry Denmark
 

Case Initiated: December 9, 2015 Type of Presentation: Repeat Violator

OWNER:
Dave Lacknauth
Katy Lacknauth
1319 Rodman Street
Hollywood, FL 33019		 OCCUPIED BY:
 


 

Section(s):  22-22 (C) Allowed uses
Section(s):  9-27 (B) Doing Business without a Tax
View Agenda Item
Attorney Stephen Smith was present to represent Mr. and Mrs. Lacknauth.  He invoked the Rule and requested that witnesses leave the room.  Code Officer Terry Denmark read the facts of the case and presented documents that were marked as composite exhibit 1. 

Assistant City Attorney Mosely called Charlene Adair to testify.  She was reminded she was still under oath.  She testified about her knowledge of  the emails and internet website that advertised about the vacation rentals.

Code Officer Denmark came forward to testify about the violations and the fact that Mr. Lacknauth was a repeat violator.  His determination that a violation did exist is based on the internet advertisement.

Bruce Murray was sworn in for testimony stating he had a conversation with someone who was renting this property for a wedding on or around May 6, 2016.  They were only there for a few days.

Arguments were presented by both attorneys and after considering the evidence presented, Special Magistrate Ross made her ruling.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet does exist and that Dave and Katy Lacknauth have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one month's rental ($5,000.00) is to be assessed payable within 90 days.. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated immediately.

 
F.
16-0082 913 N 12th Street, Unit B New World Fiduciary, Inc. Shaun Coss

 
Case Initiated:  January 8, 2016 Type of Presentation: Regular

OWNER:
New World Fiduciary, Inc.
 717 Ponce De Leon Blvd. #305
Coral Gables, FL 33134		 OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Windows, Doors and Frames
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 704.1 Fire Protection Systems
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.
16-0277 1102 S 10th Street Price, Justin & Katrina Shaun Coss

Case Initiated:  January 28, 2016 Type of Presentation: Regular

OWNER:
Justin L & Katrina H Price
1102 S 10th St.
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.

 
H.
16-0298 1212 N 17th Street Unlimited US Services Corp Shaun Coss
 
Case Initiated:  January 29, 2016 Type of Presentation: Regular - STIPULATION
 
OWNER:
Unlimited US Services Corp
3158 SW Esperanto St.
Port St. Lucie, FL 34953 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
Mr. Anthony Espinoza III representing Unlimited US Services Corp and Building Department Investigator Shaun Coss signed a stipulation this date stating they would obtain a residential repair permit to include drywall, exterior, potable water lines & electrical work to include work in the living room, water heater connection and wiring on exterior of the property near the sewer vent line and to comply with all conditions of the permit,  In the event the violation is not remedied 60 days 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.
 
I.
16-0534 201 S 25th Street Mark Adler (EST) Shaun Coss

Case Initiated:  February 26, 2016 Type of Presentation: Regular

OWNER:
Mark Adler (EST) & Mark Eugley
PO Box 197
Deerfield Beach, FL 33443 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.7 Roofs and Drainage
IPMC 304.13 Windows, Doors and Frames
IPMC 304.18.1 Building Security-Doors
IPMC 305.3 Interior Surfaces
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.

 
J.
16-0571
 		 1905 Rio Vista Drive
 		 Griffin, Alfred
Bendezu, Shirley		 Terry Denmark
 

Case Initiated: February 29, 2016 Type of Presentation: Regular

OWNER:
Alfred Griffin
Shirley Bendezu
10421 Brasilia Street
Pembroke Pines, FL 33026-4557		 OCCUPIED BY:
 


 

Section(s): 22-22 (C) Allowed uses
Section(s): 9-27 (B) Doing Business without a Tax
View Agenda Item
Attorney Stephen Smith represented Alfred Griffin and Shirley Bendezu.  Code Officer Denmark read the facts of the case. Ms. Arraiz stated there were some motions that were filed prior to the hearing and it would be necessary to address them first.

Attorney Smith filed a motion to dismiss.  Sr. Assistant City Attorney Iola Mosley filed a motion to strike.  Each attorney presented their side of the argument.  After hearing both sides and considering the arguments presented, Special Magistrate Ross denied the motion to dismiss and granted the motion to strike.

Attorney Smith files a motion for attorney's fees and asked that the court reserve the ruling at this time.

Attorney Smith invoked the rule and asked that everyone who was going to testify under oath step outside the room.  Ms. Arraiz and others who were considered witnesses stepped out.  Code Officer Janey Vanderhorst sat in as the City representative.

Both attorneys proceeded to present their case.  Charlene Adair was called as a witness and sworn in.  She testified that she had responded to several advertisements that were on the web regarding short term rentals.  Once she received a response she brought the matter to the City's attention.  She testified to her knowledge and to her response to the emails.

Peggy Arraiz, City Code Compliance Manager was called as witness.  She testified to the violations and what the requirements are to be considered a short term renter including a conditional use.  She testified about the emails and ads that were on the internet for vacation rental dwelling.

Attorney Smith called Code Officer Terry Denmark for questioning.  He testified that he had no evidence that the home was being rented for less than 6 months in the past or currently and he had no knowledge whether there were any payments made.   

Closing arguments were given by Assistant City Attorney Iola Mosely and Attorney Stephen Smith. 
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet does exist and that Alfred Griffin and Shirley Bendezu have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week's rental ($1,062.50) is to be assessed. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated immediately.

 
M.
16-1100 1101 York Avenue Augustin, Efrain & Amelia Janey Vanderhorst

Case Initiated:  May 23, 2016 Type of Presentation: Repeat

OWNER:
Efrain & Amelia Augustin
1101 York Avenue
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
Section(s): 2014 NEC  Temporary Lighting
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.

 
N.
16-1243
 		 1131 Granada Street
 		 Johnson, Arley (TR)
Johnson, Mary E (TR)		 Terry Denmark
 

Case Initiated: May 13, 2016 Type of Presentation: Repeat

OWNER:
Arley Johnson (TR)
Mary E Johnson (TR)
9171 Quail Trail
Jupiter, FL 33478		 OCCUPIED BY:
 


 

Section(s):  22-22 (C) Allowed uses
Section(s):  9-27 (B) Doing Business without a Tax
View Agenda Item
Code Officer Terry Denmark read the facts of the case and presented a copy of an ad that was placed on the website.  The ad was marked as Exhibit 1.  Code Compliance Manager Arraiz said she had talked with the Johnson's today and they are not contesting the charges. 

Mary & Arley Johnson was sworn in for testimony.  Mrs. Johnson stated that they do own the property; however, they were renting the property and the tenant is the one who put the ad on the website.  The Johnsons had no knowledge of this rental ad.  Ms. Arraiz said they had taken the ad down and were agreeable to a fine of one week's rental or $525.00 of which the tenant was expected to pay within 30 days.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet does exist and that Arley and Mary E Johnson? have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week's rental ($525.00) is to be assessed and paid within 30 days of today's date . She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated immediately.

 
O.
16-1316 1809 Linwood Avenue Berilus, Anne Marie Janey Vanderhorst
 
Case Initiated:  MAY 23, 2016 Type of Presentation: Repeat - R&D
 
OWNER:
Anne Marie Berilus
1809 Linwood Avenue
Fort Pierce, FL 34982		 OCCUPIED BY:
 

 

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

The Special Magistrate found that section 16-46, 16-47, 16-48 (1) (5) 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.

 
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
The audio recording of this proceeding is available on request.
Meeting adjourned 12:45 pm.

Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate