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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, JULY 20, 2016.
 
1.
CALL TO ORDER:
9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager (CCM) Margaret Arraiz.
Code Officers: Andy Avery, Janey Vanderhorst, Terry Denmark
Building Department Investigator (BDI): Shaun Coss
Urban Forester: Paul Bertram
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-0180 503 Mayflower Land  Apt A Perez, Eduardo & Yolanda Shaun Coss
 
Case Initiated:  January 20, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Eduardo E Perez & Yolanda Perez
129 SW N Meade Circle
Port St. Lucie, FL 34953 		 OCCUPIED BY:

 
 

Section(s): IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Windows, Doors & Frames
IPMC 304.14 Insect Screens
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
View Agenda Item
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
B.
16-0276 551 Wendell Road Lareste, Justin Shaun Coss

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

OWNER:
Justin Lareste
1110 Colonial Road
Fort Pierce, FL 34981 		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
Building Department Investigator Shaun Coss read the facts of the case. Photos were submitted and marked as composite exhibit 1. A stop work order was issued, a permit was applied for but rejected.  The work continued at that time.  Now the work has stopped but no permits have been issued.

Gerby Phillius, Mr. Lareste's grandson, was sworn in for testimony.  He said he had a tenant who had many dogs and other animals.  They evicted the tenant and he hired a contractor who said he had a permit, however, he did not obtain one.  They received another stop work order but they haven't done any thing at this time because he is financially unable to do so. 

Ms. Arraiz reminded the court that there Staff was asking that he obtain a permit within 60 days and he had additional time to comply. 
 

Special Magistrate Ross found that a violation does exist and that Justin Lareste 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.

 
C.
16-0297 429 N 14th Street Capital Made EZ LLC Shaun Coss

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

 
OWNER:
Capital Made EZ LLC
2676 SW 129th Terrace
Pembroke Pines, FL 33027 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 605.2 Electrical Receptacles
View Agenda Item
BDI Coss read the facts of the case.  He stated all violations were complied except for the roof leak.  Photos were presented and marked as composite exhibit 1. 

The owner, Christopher Patterson, was sworn in.  He stated he had hired Andros Construction to check for roof leaks.  At this time there is no evidence of any leaks.  He asked for more time to allow the rainy season to show if there is a roof leak and if it comes to that they will take care of it.
 

The Special Magistrate found that all section(s) except IPMC 304.7 existed but has been cured as of the date of this hearing. She further continued the case for the roof leak violation until the next hearing date, August 17, 2016.

 
D.
16-0536 427 N 12th Street  Rear Unit A L Discount Photo & Video Inc. Shaun Coss
 
Case Initiated:  February 26, 2016 Type of Presentation: Regular - R&D
 
OWNER:
L Discount Photo & Video Inc.
527 NE 125th Street
Miami, FL 33161		 OCCUPIED BY:


 

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

The Special Magistrate found that section 5-1.105.1 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.

 
E.
16-0537 427 N 12th Street  Rear Unit B L Discount Photo & Video Inc Shaun Coss
 
Case Initiated:  February 26, 2016 Type of Presentation: Regular - R&D
 
OWNER:
L Discount Photo & Video Inc.
527 NE 125th Street
Miami, FL 33161 		 OCCUPIED BY:


 

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

The Special Magistrate found that section 5-1.105.1 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.

 
F.
16- 0915 3111 Orange Avenue Magnolia Ft Pierce Inc (TR) Andy Avery

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

OWNER:
Magnolia Ft Pierce Inc (TR)
PO BOX 523895
Miami, FL 33152		 OCCUPIED BY:
Manuel Esquivel Concrete Cont
3111 Orange Avenue 
Ft. Pierce, FL 34947

Section(s): 5-368 (1)(4) Property Maintenance
Section(s): 16-25 (C) Responsibility for Containers
Section(s): 22-187 (13)(b) Landscape 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.

 
G.
16-0929 2717 Orange Avenue Ft Pierce Jetty LLC Andy Avery
 
Case Initiated: April 15, 2016  Type of Presentation: Regular - R&D
 
OWNER:
Ft Pierce Jetty LLC
100 Ocean Drive
Ft Pierce, FL 34949		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
View Agenda Item
 

The Special Magistrate found that section 16-46, 16-47, 16-48 (10) (D) 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.

 
H.
16-1090   611 S 17th Street Bisesar, Shanawatti Andy Avery
 
Case Initiated:  April 28, 2016 Type of Presentation: Regular - R&D
 
OWNER:
Shanawatti Bisesar
105 S 21st Street
Ft. Pierce, FL 34950



 		 OCCUPIED BY:
Rene Silva
611 S 17th Street Apt A
Ft. Pierce, FL 34950
Tenant
611 S 17th Street Apt B
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
Section(s): 2013 NEC Temporary Lighting
View Agenda Item
 

The Special Magistrate found that the violations list 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.
16-1091 613 S 17th Street Bisesar, Shanawatti Andy Avery
 
Case Initiated: April 28, 2016  Type of Presentation:  Regular - R&D
 
OWNER:
Shanawatti Bisesar
105 S 21st Street
Ft. Pierce, FL 34950



 		 OCCUPIED BY:
Valentin Espinoza-Salazar
613 S 17th Street Apt A
Ft.Pierce, FL 34950
Irma Gamez
613 S 17th Street Apt B
Ft. Pierce, FL 34950

Section(s): 5-368 (1)(3)(4) Property Maintenance
Section(s): 11-30 Refrigerator/Ice Box Safety
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
 
View Agenda Item
 

The Special Magistrate found that code section(s) listed 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.
16-1092 617 S 17th Street Rai, Digbijai B & Betty N Andy Avery
 
Case Initiated: April 28, 2016  Type of Presentation: Regular - R&D
 
OWNER:
Digbijai B Rai
Betty N Rai
105 S 21st Street 
Ft. Pierce, FL 34950



 		 OCCUPIED BY:
Valintine Lucas Mendez
617 S 17th Street Apt A
Ft. Pierce, FL 34950
Johana M Cardona Matute
617 S 17th Street Apt B
Ft.Pierce, 34950

Section(s): 5-368 (1)(3)(4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
 
View Agenda Item
 

The Special Magistrate found that code section(s) listed 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.

 
K.
16-1093 619 S 17th Street Bisesar, Shanawatti Andy Avery
 
Case Initiated: April 28, 2016  Type of Presentation: Regular - R&D
 
OWNER:
Shanawatti Bisesar
105 S 21st Street
Ft. Pierce, FL 34950



 		 OCCUPIED BY:
Herberto Guerro Andreo
619 S 17th Street Apt A
Ft. Pierce, FL 34950
Maria A Vazquez-Roldan
619 S 17th St Apt B
Ft. Pierce, FL 34950

Section(s): 5-368 (1)(4) Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
View Agenda Item
 

The Special Magistrate found that code section(s) listed 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.

 
L.
16-1439
 		 1144 Fernandina Street
 		 Tomaszewski, Stanley J
Alvite, Annabelle C		 Terry Denmark
 

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

OWNER:
Stanley J Tomaszewski
Annabelle C Alvite
PO Box 937
Kotzebue, AK 99752		 OCCUPIED BY:
 


 

Section(s)  22-22 (C) Allowed uses
Section(s): 9-27 (B) Doing Business without a Tax
View Agenda Item
There was no representation from the owners; however, Code Enforcement Officer Denmark read the facts of the case and presented emails and an internet advertisement which were marked as composite exhibit 1. 
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet does exist and that Stanley J Tomaszewski and Annabelle C. Alvite 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 or $581.00 is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated.

 
M.
16-1470 1505 Pine Hollow Drive  Duvelsaint, Pierre & Marie Janey Vanderhorst

Case Initiated:  June 14, 2016 Type of Presentation: Regular

OWNER:
Pierre & Marie Duvelsaint 
1505 Pine Hollow Drive
Fort Pierce, FL 34982		 OCCUPIED BY:
 

 

Section(s): 22-192 (A), 22-177 Tree Removal
View Agenda Item
Code Enforcement Office Janey Vanderhorst read the facts of the case and presented photos.  Urban Forester Paul Bertram testified that the property owners understood permits were required to cut down trees; however, the contractor they hired informed them that this particular type of tree did not require a permit.  Staff recommends that the fine be dropped to a double fee permit of $70.00 and replant the tree.

Pierre & Marie Duvelsaint were sworn in and stated they were in agreement to the City's recommendation.
 

Special Magistrate found that a violation does exist for section(s) 22-192 (A), 22-177 and that Pierre and Marie Duvelsaint are responsible for the violations. Based on the stipulation between both parties the fine is reduced to $70.00 payable in 30 days.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
16-1243
 		 1131 Granada Street
 		 Johnson, Arley (TR)
Johnson, Mary E (TR)		 Peggy Arraiz
Terry Denmark

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

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 Compliance Manager Peggy Arraiz read the facts of the case.  Arley & Mary Johnson were sworn in.  Mrs. Johnson said that they did not know about the tenant renting the home out.  Because he had agreed to pay the fine and take the advertising down, they agreed to the violations at the previous hearing.  However, the tenant moved out without notice and they are now asking for a reduced fine.

Ms. Arraiz stated that Staff would be agreeable to reducing the fines to $200.00 which would cover the administrative fees, to which the Johnsons agreed.
 

Special Magistrate, after considering the facts, ordered the fines be reduced to $200.00 payable within 30 days. If not paid within this time frame the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.

 
B.
16-0523 1889 N US Highway 1 Taylor Creek LLC Isaac Saucedo

Case Initiated:  February 24, 2016 Type of Presentation: Massey Hearing

OWNER:
Dr. Barry N. Burak
Taylor Creek LLC
8000 SW 67th Avenue
Miami, FL 33143		 OCCUPIED BY:
 


 

Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage.
View Agenda Item
No one was present to represent the property owners; therefore, the Special Magistrate continued the case until the next meeting date.
 
C.
15-0596 528 S US Highway 1 Lafferty, Gregg D & Kimberly Shaun Coss

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

OWNER:
Gregg D & Kimberly D Lafferty
6708 Santa Clara Boulevard
Ft. Pierce, FL 34951		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
View Agenda Item
CCM Arraiz read the facts of the case.  There is no representative; however, the Lafferty's attorney Janice Fisher has communicated with the City's Assistant Attorney, Iola Mosely and they have stipulated to a payment of $2,432.00 payable within 60 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts ordered the fines be reduced to $2,432.00 payable within 60 days. If not paid within this time frame the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
14-1025 315 S 17th St Lazare, Ermith Peggy Arraiz

Case Initiated:  May 15, 2014 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Washington Mutual Bank
PO Box 100576
Florence, SC 29501		 CURRENT OWNER:
Ermith Lazare
315 S 17th Street
Ft. Pierce, FL 34950

Section(s): 5-368 (1) Property Maintenance
Section(s): 5-369 Vacant Buildings
View Agenda Item
CCM Arraiz read the facts of the case.  The property owner Ermith Lazare was not present; however, Staff  recommends a full release to the property only and the lien would remain attached to Washington Mutual Bank.
 

Special Magistrate Ross, based on the testimony presented, ordered the full release of the lien on the property; however, the lien would be attached remain attached to Washington Mutual Bank.

 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
16-0571 1905 Rio Vista Drive Alfred Griffin and Shirley Bendezu Terry Denmark
Case Initiated: February 29, 2016 Type of Presentation: Motion to Stay
Attorney Stephen Smith filed a Motion to Stay, which was presented to Special Magistrate Ross for consideration. Staff indicated that they did not object to the request in regards to the financial portion of the order but requested the order to cease and desist all short term rentals be kept in effect.
 

Special Magistrate Ross granted the Motion to Stay in regards to the financial portion of her ruling; however the cease and desist ruling shall remain in effect.


Meeting adjourned 9:50 AM

Respectfully submitted:
Colleen Greer
Secretary to the Special Magistrate