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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, AUGUST 3, 2016.
 
1.
CALL TO ORDER:
Special Magistrate Ross called the meeting to order at 9:00 am.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager Margaret Arraiz
Code Officer Terry Denmark
Building Department Investigator Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
15-0440 511 Quincy Avenue Bishop (TR) (EST) , Harry R Andy Avery
 
Case Initiated: March 20, 2015  Type of Presentation: Regular - COMPLIED
 
OWNER:
Harry R Bishop (TR) (EST)
511 Quincy Avenue
Ft Pierce, FL 34950
OCCUPIED BY:
Kahane & Associates, P.A.
Charlene Eligon, Esq., Bar No.:294070
8201 Peters Road, Suite 3000
Plantation, FL 33324

Section: 5-368 (1)(3)(4) Property Maintenance 
Section: 22-187 (13) (b) Landscape Maintenance
 
2.
15-0522 1601 Bahia Dr. Winfrey, Virginia Shaun Coss
 
Case Initiated:  April 8, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
Virginia Winfrey
1601 Bahia Dr.
Ft. Pierce, FL 34949 
OCCUPIED BY:
 
 

Section(s): 5-1.105.1 Permit Required
 
3.
15-2024 416 Dundas Court PEP Financial LLC (TR) Terry Denmark
 
Case Initiated: November 14, 2015 Type of Presentation: Regular - COMPLIED
 
OWNER:
PEP Financial LLC (TR)
2431 Atlantic Beach Boulevard
Fort Pierce, Florida 3494



 
OCCUPIED BY:
Miriam B Derry
416 Dundas Court Apt A
Fort Pierce, Florida 34950
Richard K Woodin
416 Dundas Court Apt B
Fort Pierce, Florida 34950

Section 16-46, 16-47, 16-48 Nuisance as a Condition
Section 16-46, 16-47, 16-48 Nuisance as an Object
Section: 16-46, 16-47, 16-48 (1)(5) Outside Storage
 
4.
16-0323 323 N 15th St. Sweeting Sr, Ronald L Shaun Coss
 
Case Initiated:  March 23, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Ronald L Sweeting Sr & Jannie L Sweeting
3907 Avenue M
Fort Pierce, FL 34947
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
5.
16-0473 1117 S Ocean Dr. Fillmore, David Shaun Coss
 
Case Initiated:  February 18, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
David C, Edward H & JoAnn D Fillmore
1117 S Ocean Dr.
Fort Pierce, FL 34949 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
6.
16-0597 2506 Avenue G Henry, Wendy & Andre Shaun Coss
 
Case Initiated:  March 7, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Wendy Dean Henry & Andre Henry
730 Waterbrook Ln.
Greer, SC 29651 
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
7.
16-0823
 
1914 Orange Avenue
 
Independent Haitian Church Assembly of God Michael Morabito
 
 
Case Initiated:  April 20, 2016 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Independent Haitian Assembly of God Inc.
1914 Orange Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
Section(s): 5-368 (1)(4) Property Maintenance
Section(s): 5-73 House Numbers
 
8.
16-1339 337 Hernando St. Surloff (TR), Cheri G Isaac Saucedo
 
Case Initiated:  May 26, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Cheri G Surloff (TR)
501 Palm Dr
Hallandele, Fl 33009
OCCUPIED BY:
 

 

Section: 5-368 Property Maintenance
 
9.
16-1336 1815 Melaleuca Dr Celentano, Frank Isaac Saucedo
 
Case Initiated:  May 25, 2016 Type of Presentation:  Regular - CONTINUED
 
OWNER:
Frank Celentano
?1815 Melaleuca Dr.
Fort Pierce, Fl 34949
OCCUPIED BY:
 

 

Section: 5-368 Property Maintenance
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
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
The property owner was not present; however, Building Department Investigator Shaun Coss read the facts of the case.  He said the travel trailer had not been removed as of the hearing date.  He amended his recommendation to 90 days to comply or a fine of $50.00 per day be assessed.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do/does exist and that Yvonne Jones has committed or is responsible for the violations. She ordered that the violator(s) have 90 days in which to apply for a permit and comply with the conditions of the permit. In the event the violation(s) are not cured or complied within the time period given, a fine of $50.00 per day will be assessed for each day the violation(s) 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.

 
B.
16-0476 711 Avenue E Orange Tree Properties Inc. Shaun Coss
 
Case Initiated:  February 19, 2016 Type of Presentation: Regular
 
OWNER:
Orange Tree Properties Inc.
7430 Wiles Rd.
Coral Springs, FL 33067 
OCCUPIED BY:
 
 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 503.1 Toilet Room Privacy
IPMC 605.1 Electrical Equipment
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 704.1 Fire Protection Systems
5-368(1) Property Maintenance
BDI Coss read the facts of the case.  He stated the violations existed prior to the current property owner purchasing the property.  Photos were presented which were marked composite exhibit 1.  He recommended 90 days or fine of $100.00 per day be assessed.

Warren Taylor was sworn in.  He agreed and understood that he would have to have the property complied within the 90 days period.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do/does exist and that Orange Tree Properties has committed or is responsible for the violations. She ordered that the violator(s) have/has 90 days in which to apply for the permit and comply with the conditions of the permit. In the event the violation(s) 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(s) 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.

 
C.
16-0566

 
702 Dundas Court

 
Johnson, Sarah
Bridges, Andrew
Bridges, Wanda
Terry Denmark

 
 
Case Initiated: February 27, 2016 Type of Presentation: Regular
 
OWNER:
Sarah Johnson
Andrew Bridges
Wanda Bridges
1111 Avenue G
Ft. Pierce, FL 34950
OCCUPIED BY:
Tenant
702 Dundas Court
Ft Pierce, FL 34950

 

Section: 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
 

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.
16-0600 1217 N 22nd St. Phillips, James & Wanda Shaun Coss
 
Case Initiated:  March 7, 2016 Type of Presentation: Regular
 
OWNER:
James & Wanda Phillips
169 Barefood Cv.
Hypoluxo, FL 33462 
OCCUPIED BY:
 
 

Section(s): 5-1.105.1 Permit Required
BDI Coss read the facts of the case.  Photos were presented and marked as composite exhibit 1. He recommended 60 days to comply or be fined $100.00.

James Phillips was sworn in for testimony.  He said because these violations happened prior to his purchasing the property, he shouldn't be responsible for getting a permit. His decision is to to leave the property as is. SM Ross explained the responsibility of property ownership and that he was responsible for violations.  Mr. Phillips said he understood.
 

The Special Magistrate found that a violation does exist and that James & Wanda Phillips 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.

 
E.
16-0676 204 Roselyn Avenue Roselyn Holdings LLC Terry Denmark
 
Case Initiated: March 17, 2016 Type of Presentation: Regular
 
OWNER:
Roselyn Holdings LLC
3790 Spinnaker Court
Ft Pierce, FL 34946
OCCUPIED BY:
Jennifer M Cheatham
204 Roselyn Ave
Ft. Pierce, FL 34950

Section: 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section: 16-46, 16-47, 16-48 (11) Outside Storage-Indoor Furniture
Section: 11-30 Refrigerator/Ice Box Safety
 

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.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
15-1170 134 S 13th Street Castilla, Steve Shaun Coss

Case Initiated:  July 22, 2015 Type of Presentation: Massey Hearing

OWNER:
Steven M. Castilla
Michela Caple
134 S 13th Street
Ft. Pierce, FL 34950
OCCUPIED BY:
 


 

Section(s): 5-1.105.4.1.2 Expired Permit.
BDI Coss read the facts of the case.  He said Mr. Castilla got a new permit before finishing the existing one.  This was basically a communication problem and Staff was willing to drop the fines to $100.00 to cover the administrative fees.

Steve Castilla was sworn in and he agreed to pay the $100.00 which would be payable in 30 days.
 

The Special Magistrate, after considering the facts ordered the fines be reduced to $100.00 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.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS:
Code Compliance Manager Peggy Arraiz stated that she presented two new ordinance amendments to the City Commission and is preparing to present a 3rd. The two amendments currently under consideration are for handing parking violations and animal control violations. The 3rd amendment being worked on will change the process from filing citations with the Clerk of Court to handling citations in house. These items will now be presented to the Special Magistrates for consideration.

She also reminded the Special Magistrate that is was time for her to renew their Special Magistrate certification with the City Commission.
 
9.
OLD BUSINESS
Meeting adjourned 9:30 am.

Respectfully submitted:

Colleen Greer
Secretary to the Special Magistrate