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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, SEPTEMBER 7, 2016.
 
1.
CALL TO ORDER:
9:03 am.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz, Code Compliance Manager
Mike Morabito, Code Enforcement Officer
Isaac Saucedo, Code Enforcement Officer
Shaun Coss, Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-0757 230 Hialeah Ave Caradenas, Sara & Norberto Shaun Coss
 
Case Initiated:  March 28, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Sara & Norberto Caradenas
230 Hialeah Ave
Fort Pierce, FL 34982 
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
2.
16-1336 1815 Melaleuca Dr Celentano, Frank Isaac Saucedo
 
Case Initiated:  May 25, 2016 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Frank Celentano
1815 Melaleuca Dr.
Fort Pierce, Fl 34949
OCCUPIED BY:
 

 

Section: 5-368 Property Maintenance
 
3.
16-1420
 
3315 Delaware Avenue
 
Ramchand, Fazela Subedar
Ramchand, Parshram
Andy Avery
 
 
Case Initiated: June 8, 2016  Type of Presentation: Regular - COMPLIED
 
OWNER:
Fazela Subedar & Parshram Ramchand
3315 Delaware Avenue
Ft Pierce, FL 34947
OCCUPIED BY:


 

Section: 22-187 (13)(b) Landscape Maintenance
 
4.
16-1636 3901 Orange Avenue Stamm Plaza LLC Andy Avery
 
Case Initiated: July 12, 2016  Type of Presentation: Regular - COMPLIED
 
OWNER:
Stamm Plaza LLC
3901 Orange Avenue
Ft Pierce, FL 34947
OCCUPIED BY:
Mr. Johnny's Car Wash
3901 Orange Avenue
Ft Pierce, FL 34947 

Section: 9-27 (B) Doing Business without a Tax
 
5.
16-1737 1124 Colonial Road Lima, Doclus Andy Avery
 
Case Initiated: July 20, 2016  Type of Presentation: Regular - COMPLIED
 
OWNER:
Doclus Lima
1124 Colonial Road
Ft Pierce, FL 34950
OCCUPIED BY:


 

Section: 16-46, 16-47, 16-48 (10)(D) Non-Operable Vehicles
 
7.
16-1407 302 S 33rd Street Moreno, Pedro Andy Avery
 
Case Initiated: June 8, 2016  Type of Presentation: Regular 
 
OWNER:
Pedro Moreno
3205 Boston Avenue
Ft Pierce, FL 34950 
OCCUPIED BY:
Juan Moreno
302 S 33rd Street (Rear)
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: 11-11 Storage of Commodities
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
15-2201 307 N 11th St. Masterson, Michael Shaun Coss
 
Case Initiated:  May 16, 2016 Type of Presentation: Regular
 
OWNER:
Michael B G Masterson
4120 Douglas Blvd 306-221
Granite Bay, CA 95746 
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required                           
IPMC 108.1.2 Unsafe Building
IPMC 304.7 Roofs & Drainage
IPMC 605.1 Electrical Equipment
IPMC 605.3 Luminaires
IPMC 704.1 Fire Protection Systems
 

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.
16-0603 119 N 11th St Jean-Pierre, Mireille Shaun Coss

Case Initiated:  March 7, 2016 Type of Presentation: Regular

OWNER:
Mireille Jean-Pierre & Oriol Netvil
5255 NW South Lovett Cir.
Port St. Lucie, FL 34986 
OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 605.2 Electrical Receptacles
IPMC 704.2 Smoke Alarms
Building Department Investigator Shaun Coss read the facts of the case and presented photos which were marked as composite Exhibit 1.  
Oriol Netvel was sworn in for testimony.  He agreed to the violations and asked for more time.  Staff was agreeable to 90 days.
 

The Special Magistrate found that a violation does exist and that Mireille Jean-Pierre & Oriol Netvil 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.

 
C.
16-0681 1150 Bell Ave Taylor Investment Group, Inc. Shaun Coss

Case Initiated:  March 21, 2016 Type of Presentation: Regular

OWNER:
Taylor Investment Group, Inc.
302 Melton Dr.
Fort Pierce, FL 34982 
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.

 
D.
16-1594
 
1901 S 26th Street
 
PDK Inc
C/O Paul M Katchmere
Andy Avery
 
 
Case Initiated: July 12, 2016  Type of Presentation: Regular 
 
OWNER:
PDK Inc
C/O Paul M Katchmere
398 E Dania Beach Blvd #465
Dania, FL 33004
OCCUPIED BY:



 

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
Although there was no one present for the case, Code Officer Mike Morabito read the facts of the case into the record.
 

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.
16-0973 624 1/2 Texas Ct. Fernandez, Shirley Shaun Coss
 
Case Initiated:  April 18, 2016 Type of Presentation: Regular - CONTINUED
 
OWNER:
Shirley D Fernandez
622 1/2 Texas Ct.
Fort Pierce, FL 34950 
OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.1 Exterior Structure
IPMC 304.5 Foundation Walls
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 305.2 Structural Members
IPMC 503.1 Toilet Room Privacy
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 605.1 Electrical Equipment
IPMC 704.2 Smoke Alarms
BDI Shaun Coss read the facts of the case and presented photos dated April 14, 2016 marked as composite exhibit 1.

Shirley Fernandez was sworn in for testimony.  She stated this was a rental property and all of the violations have been corrected except the roof and the smoke alarms.  A part of the building is occupied.

BDI Coss said he has had no contact with Ms. Fernandez nor the renters since the beginning of case.  He said since the property is occupied he has great concern with the east side of building.  He also stated that even if the work has been done, the City needs to make sure it was done correctly and she would have to have a licensed contractor sign off on the work.  Staff would be agreeable to giving her an additional 30 days.
 

The Special Magistrate ordered an additional 30 days to bring the property into compliance and if not complied by the next meeting date he would address the violations at that time.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
15-1645 2005 Avenue P Simonson, Robert & F. Sandra Shaun Coss
 
Case Initiated:  October 1, 2015 Type of Presentation: Massey - CONTINUED
 
OWNER:
Franca & Robert Simonson
1273 NW 11th Street
Boynton Beach, FL 33426
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building.
Section(s): 5-1.105.1 Permit Required.
Section(s): 5-368 (1) Property Maintenance.
IPMC 108.1.1 Unsafe Structure.
IPMC 304.7 Roofs and Drainage.
IPMC 305.3 Interior Surfaces.
IPMC 309.1 Infestation.
IPMC 504.1 Plumbing Fixtures.
IPMC 506.2 Sanitary Drainage System Maintenance.
IPMC 605.1 Electrical Equipment.
IPMC 605.2 Electrical Receptacles.
IPMC 704.1 Fire Protection Systems.
Section(s): 5-368 (1) Property Maintenance.
Building Department Investigator Shaun Coss read the facts of the case.  Robert Simonson was sworn in for testimony.  He stated his tenants created all of the violations and haven't paid the rent.  He hasn't been able to obtain insurance; therefore, he put the property up for sale.  He has a potential buyer.  Special Magistrate continued the case until November 2 hearing date to allow him to complete the sale.
 

Special Magistrate denied waiving or stopping the fines from accruing; however, did continue the case for 60 days to allow them time to sell the property.

 
B.
15-1657 1402 Reynolds Court Simonson, Robert & F. Sandra Shaun Coss
 
Case Initiated:  October 01, 2015 Type of Presentation: Massey - CONTINUED
 
OWNER:
Franca Simonson
1273 NW 11th Street
Boynton Beach, FL 33426
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building.
Section(s): 5-1.105.1 Permit Required.
IPMC 304.7 Roofs and Drainage.
IPMC 304.13 Window and Door Frames.
IPMC 305.3 Interior Surfaces.
IPMC 309.1 Infestation.
Building Department Investigator Shaun Coss read the facts of the case.  Robert Simonson was sworn in for testimony.  He stated his tenants created all of the violations and haven't paid the rent.  He hasn't been able to obtain insurance; therefore, he put the property up for sale.  He has a potential buyer.  Special Magistrate continued the case until November 2 hearing date to allow him to complete the sale.
 

Special Magistrate denied waiving or stopping the fines from accruing; however, did continue the case for 60 days to allow them time to sell the property.

 
C.
15-0858 1021 Avenue M Reno, Jan Mike Moribito
 
Case Initiated:  June 10, 2015 Type of Presentation: Massey - CONTINUED
 
PREVIOUS OWNER:
Jan Reno
P. O. Box 1460
Bastrop, TX  78602

 
CURRENT OWNER:
The Estate of Jan Reno
C/O James Greenfield
1709 Garfield St.
Bastrop, TX  78602
 

Section(s): 5-368 Property Maintenance
Section(s): 5-369 Vacant Buildings
Staff was unable to make telephone connection with Mr. Greenfield.  Special Magistrate continued it for the next hearing.
 
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, 2016 Type of Presentation: Additional Request for Extension of Time - CONT.
 
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.
Building Department Investigator Shaun Coss read the facts of the case.  He said the Church was attempting raise funds to hire an engineer. However, he wasn't comfortable with the entire case.  Staff would be willing to make one final extension until the next hearing date October 5 and would hold off reinstating the fines.

Thomas Berg was sworn in.  He said he was a member of the church.  He said they were having a problem getting an architect  who was willing to do the work.  However, as of yesterday, they have talked with one who is willing to do the work but now they are trying to raise the funds to hire him.
 

Special Magistrate ordered an extension until the next hearing date of October 5. He would not start the fines back; however, this is the final extension. If not in compliance by this time the fines will be reinstated and a lien recorded.

 
B.
15-0679 3625 S US Highway 1 Motel FP LLC Shaun Coss

Case Initiated: April 30, 2015 Type of Presentation: Second Request for Extension of Time

OWNER:
Motel FP LLC
3625 S US Highway 1
Ft. Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment
BDI Shaun Coss read the facts of the case.  He stated that although the representative was not present Staff was agreeable to extending an additional 30 days.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated October 8, 2015 is hereby granted and ordered extended an additional 30 days.

 
C.
14-1543 1709 N 16th Street Sturrup, Alfredia Andy Avery
 
Case Initiated:  July 21, 2014 Type of Presentation: Extension of Time - CONTINUED
 
OWNER:
Alfredia Sturrup
P. O. Box 884
Loxahatchee, FL 33470
EXECUTOR:
Johnny Brown
2003 Avenue Q
Ft. Pierce, FL 34950

Section(s): 5-368 (1) (3) (4) Property Maintenance
Code Compliance Manager Peggy Arraiz read the facts of the case.  She stated that this has been an ongoing case due to probate.  Assistant Attorney Mosley and  Attorney Tracy Davis have been working together to resolve this issue and have agreed to a 30 day extension.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated November 5, 2015 shall be granted and extended an additional 30 days. The case will be brought back on October 5 for further determination.

 
D.
15-1909 418 N 13th Street Dominguez, Maria & Risco, Antonio Shaun Coss
 
Case Initiated:  October 23, 2015 Type of Presentation: Request for Extension of Time
 
OWNER:
Maria Dominguez & Antonio Risco
611 Maple Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
BDI Shaun Coss stated that Isaac Saucedo had communicated with the property owners prior to the hearing and they understand what has to be done to comply the violations. 

Isaac Saucedo was sworn in as interpreter.  Maria Dominguez and Antonio Risco were sworn in for testimony.  They said they had an architect/engineer and they entered into a payment plan. Officer Coss said Staff was agreeable to extending the time until the December 7 hearing date and if they have obtained the permit prior to that date they will not have to appear.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated April 6, 2016 is hereby granted and ordered to be extended until the December 7, 2016 hearing date. If the permit is issued prior to December 7, report to the officer and you will not have to appear.

 
8.
NEW BUSINESS:
Code Compliance Manager Peggy Arraiz said the amendment to Chapter 2 has had its first reading and is scheduled to go back for the second reading on the 19th. If passed, the Special Magistrate will be hearing the citations for first and second violations for animal control, parking cases, etc.
 
9.
OLD BUSINESS


Meeting adjourned 10:16 am.

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk