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Minutes for Special Magistrate Ross 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 17, 2016.
 
1.
CALL TO ORDER:
9:13 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Code Compliance Manager
Terry Denmark, Code Enforcement Officer
Shaun Coss, Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
a.
16-0878 1401 N 22nd Street Boston, Homer Mike Morabito
 
Case Initiated:  April 20, 2016 Type of Presentation: Regular - PULLED
 
OWNER:
Homer Boston
1712 Avenue O
Ft Pierce, Fl. 34950
OCCUPIED BY:


 

Section(s): 5-73 House Numbers
Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 22-187 (13) (a) (b) Landscape Maintenance
Section(s): 16-25 (C) Responsibility for Containers
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
 
b.
16-1005
 
1007 Avenue F
 
Bembry, Linda D
Smith, Anthony L
Terry Denmark
 
 
Case Initiated: April 19, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Linda D Bembry
Anthony L Smith
1007 Avenue F
Ft Pierce, FL 34950
OCCUPIED BY:
 


 

Section(s): 5-1.104.5 Unsafe Building (covered windows)
Section(s): 5-368 Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
 
c.
16-1240 1001 S Us Hwy 1 SC AND MS Smoke Shop LLc Isaac Saucedo
 
Case Initiated:  May 13, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
SC And MS Smoke Shop LLC
914 Sw Gatlin Blvd
Port Saint Lucie, FL 34952
OCCUPIED BY:
 

 

Section: 15-5 Signs Prohibited
 
d.
16-1330 518 Means Court Elbethel Community Development Terry Denmark
 
Case Initiated: May 24, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Elbethel Community Development
2221 N 53rd St
Ft Pierce, FL 34946






 
OCCUPIED BY:
Tenant
518 1/2 Means Ct
Ft Pierce, FL 34950
Tenant
518 Means Ct Apt A
Ft Pierce, FL 34950
Tenant
518 Means Ct 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
 
e.
16-1359 1201 N 16th Street Harris Property Solutions LLC Terry Denmark
 
Case Initiated: May 25, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Harris Property Solutions LLC
3812 SW Crary St
Port St Lucie, FL 34953



 
OCCUPIED BY:
Tenant
1201 N 16th St Apt B
Ft Pierce, FL 34950
Itadieu Deravil
1201 N 16th St Apt A
Ft Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 22-187 (13) Landscape Maintenance
 
f.
16-1360 1202 N 16th Street Mereus, Marc E Terry Denmark
 
Case Initiated: May 25, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Marc E Mereus
512 N 18th St
Ft Pierce, FL 34950


 
OCCUPIED BY:
Claurene Andre
1202 N 16th St Apt B
Ft Pierce, FL 34950
Alicindor Pierre
1202 N 16th St Apt A
Ft Pierce, FL 34950

Section(s): 22-187 (13) Landscape Maintenance
 
g.
16-1528 222 S Ocean Drive Mosley (TR), Daniel S Isaac Saucedo
 
Case Initiated:  June 27, 2016 Type of Presentation: Regular - CONTINUED
 
OWNER:
Daniel S Mosley (TR)
C/O Universal Land Title LLC
17511 Preserve Walk Ln
Tampa, Fl 33627
OCCUPIED BY:
 


 

Section(s):  16-46, 16-47, 16-48 (1) (5) Nuisance as a Condition
Section(s):  22-187 (13) Landscape Maintenance 
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
16-0580 5203 Okeechobee Rd. Public Storage Inc. Shaun Coss

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

OWNER:
Public Storage Inc.
Dept Pt FL 20216
PO Box 25025
Glendale, CA 91221
OCCUPIED BY:
Tercie's House of Beauty
5203 Okeechobee Rd.
Fort Pierce, FL 34947
 

Section(s): 5-1.105.1 Permit Required
 

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.
16-0689 1610 N 25th St. #14 26 Investment LLC Shaun Coss

Case Initiated:  March 23, 2016 Type of Presentation: Repeat Violator

OWNER:
26 Investment LLC
20 Maple Ave. 
Fair Lawn, NJ  07410
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
IPMC         108.1.3 Structure Unfit for Human Occupancy
Section(s): 8.5-47(2) Defects Constituting a Dwelling Unfit.
Building Department Investigator Shaun Coss requested that the fine of $500.00, which was listed on the summary sheet be amended to $250.00.
 

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 as amended on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.

 
C.
16-0690 1610 N 25th St. #12 26 Investment LLC Shaun Coss

Case Initiated:  March 23, 2016 Type of Presentation: Repeat Violator

OWNER:
26 Investment LLC
20 Maple Ave #30 B
Fair Lawn, NJ 07410 
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 Building Security
IPMC 305.2 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
Building Department Investigator Shaun Coss requested that the fine of $500.00, which was listed on the summary sheet be amended to $250.00.
 

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 as amended on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.

 
D.
16-0691 1610 N 25th St. #6 26 Investment LLC Shaun Coss

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

OWNER:
26 Investment LLC
20 Maple Ave #30B
Fair Lawn, NJ 07410 
OCCUPIED BY:

 
 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 605.1 Electrical Equipment
Building Department Investigator Shaun Coss requested that the fine of $500.00, which was listed on the summary sheet be amended to $250.00.
 

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 as amended on the case summary sheet to come into compliance or they would be fined the amount also shown on the summary sheet.

 
E.
16-0758 505 Wisteria Ave. Gill, Alvaro Shaun Coss

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

OWNER:
Alvaro Gill
2631 95th St.
East Elmhurst, NY 11369
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

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.
16-1332 312 N 12th Street Estima, Beracah Terry Denmark
 
Case Initiated: May 24, 2016 Type of Presentation: Regular
 
OWNER:
Beracah Estima
312 N 12th Street
Ft Pirerce, FL 34950
OTHER PARTY:
Greenspoon Marder, P.A.
100 West Cypress Creek Road, Suite 700
Fort Lauderdale, Florida 33309
OCCUPIED BY:
Jean Mellon
312 North 12th Street
Fort Pierce, FL 34950
OCCUPIED BY:
Durand Estima
312 North 12th Street
Fort Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 22-187 (13) Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
Section(s): 5-73 House Numbers
Code Enforcement Officer Terry Denmark read the facts of the case and presented photos which were marked as Exhibit 1 and 2. 

Durand Estima, the property owner's son, was sworn in for testimony.  He said his mother has been in the hospital and he was doing the best he can under the circumstances.  He agreed he could get the violations corrected within the 15 days.

Jessica T. Sebag, the attorney representing the bank came forward  to explain about the house being in foreclosure; however, they can't take ownership because it's still being lived in.  The bank doesn't want to be held liable for any fines or liens.  Ms. Arraiz explained that any violations, fines, or liens run with the property and therefore whoever owns the property is responsible for those violations, fines, and or liens and at this time, the Bank is not the owner.

Assistant City Attorney Mosley stated that if the bank contacts Staff when the foreclosure takes place, the City will work with them.
 

The Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Beracah Estima has committed or is responsible for the violations. She ordered that the violator(s) have 15 days in which to comply with the city code of ordinances. 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 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.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
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.
Code Compliance Manager read the facts of the case and presented photos of where a donation box full of garbage, trash, and junk was located on the property.  Dr. Burak does not believe this is part of his property.  She did speak with the property manager prior to the hearing and told him that Staff would be willing to reduce the fines to $500.00 which would cover the administrative costs.

Ricardo Somarriba, property manager, was sworn in for testimony.  He presented time dated photos of the box when it was full and again when it was empty and removed.  He also showed a survey that was given to them at the time of purchase showing the area the box was located was not on their property.  Ms. Arraiz said they need to go to the property appraiser and get with them as this is where we get our information.

After this Mr. Somarriba agreed to the $500.00 reduction and that 10 days to pay that amount would be good.
 

The Special Magistrate after reviewing the 3 criteria required by Rule 16 and after considering the facts ordered the fines be reduced to $500.00 payable within 10 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.
15-2136 1703 Frances Court Lacknauth, David Terry Denmark

Case Initiated: December 9, 2015 Type of Presentation: Massey Hearing

OWNER:
David Lacknauth
140 S Dixie Highway, Unit 621
Hollywood, FL 33020
OCCUPIED BY:


 

Section(s): 22-22 (C) Allowed Uses
Section(s): 9-27 (B) Doing Business without a Tax
Code Compliance Manager read the facts of the case and explained that the case was previously represented by attorney Steven Smith.  Due to the case history and the fact this is a repeat violator Staff was not agreeable to reducing the fine.

David Lacknauth was sworn in.  He stated that he had built the house for a vacation home and a rental during the time he wasn't there.  He said he had communicated with Officer Denmark and the website has been disabled since June.  The property is up for sale and he is taking a loss.  He was asking that the Special Magistrate reduce the fines to $1,500.00.

Special Magistrate asked several other questions of Mr. Lacknauth regarding the facts and stated that as a repeat violator, she didn't feel comfortable reducing the fines; however, she would give him more time to pay. Staff recommended allowing payment to be made at closing or within six months, whichever came first. 
 

The Special Magistrate after reviewing the 3 criteria required by Rule 16 and after considering the facts denied the reduction but did extend the time to pay the $5,000.00 to 6 months or at closing whichever came first. If not paid within this time frame a lien would be recorded at the St. Lucie County Clerk of Court’s Office.

 
C.
15-1704 2010 Avenue D Shreiteh, Nael Shaun Coss

Case Initiated:  October 8, 2015 Type of Presentation: Massey Hearing

OWNER:
Nael Shreiteh
153 NW Dorchester Street
Port St. Lucie, FL 34983
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
Code Compliance Manager Peggy Arraiz read the facts of the case.  She said this was a commercial property but Staff was agreeable to reducing the fines to $500.00 to cover administrative costs.

Nael Shreiteh was sworn in.  He said he had been working on getting the property in shape but went overseas for a couple of months.  He had pulled the permit and hired someone to work on it; however, he didn't do it.  He is in agreement to the $500.00 reduction.
 

The Special Magistrate after reviewing the 3 criteria required by Rule 16 and after considering the facts ordered the fines be reduced to $500.00 payable within 10 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
 
9.
OLD BUSINESS


Meeting adjourned 10:00 AM.
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk