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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, SEPTEMBER 21, 2016.
 
1.
CALL TO ORDER:
9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Janey Vanderhorst - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-0142 Amos Simpson Simpson, Amos Shaun Coss
 
Case Initiated:  January 12, 2016 Type of Presentation: Regular - COMPLIED
 
VIOLATOR:
AMOS SIMPSON
809 N 13TH STREET, UNIT A
FORT PIERCE, FL 34950

Section(s): 5-53(A) (6) Unlicensed Contractors; Prohibitions;
 
2.
16-0955 501 Holly Avenue Crouch, Linda L Janey Vanderhorst
 
Case Initiated:  April 18, 2016 Type of Presentation: Regular - PULLED NEW OWNER
 
OWNER:
Linda Crouch
1709 S Indian River Dr
FT. Pierce, FL 34950
 
OCCUPIED BY:
Tenant
501 Holly Ave
Ft. Pierce, FL 34982
 

Section: 5-368   Property Maintenance
 
3.
16-0994 1707 N 13th St. McNair, Jaime Shaun Coss
 
Case Initiated:  April 18, 2016 Type of Presentation: Regular - PULLED
 
OWNER:
Jaime & Yolanda McNair
5259 Lovette Cir
Ft Pierce, FL 34982 
OCCUPIED BY:

 
 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.1 Exterior Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 605.3 Luminaries
 
4.
16-1031 1129 Fernandina St Wheeley, Leonard Shaun Coss
 
Case Initiated:  April 21, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Leonard & Martha Wheeley
1129 Fernandina St.
Fort Pierce, FL 34949 
OCCUPIED BY:

 
 

Section(s): 5-1.105.1 Permit Required
 
5.
16-1173 606 Emil Avenue Cardenas, Manuel & Esther Janey Vanderhorst
 
Case Initiated:  May 11, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Manuel & Esther Cardenas
606 Emil Avenue
Fort Pierce, FL 34982
OCCUPIED BY:
 

 

Section: 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section: 16-46, 16-47, 16-48 (4)   Parking on Other Than Pavement
Section: 5-368  Property Maintenance
 
6.
16-1188 807 Emil Drive Venegas, Juan Janey Vanderhorst
 
Case Initiated:  May 11, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Juan Venegas
3023 Dame Rd
Fort Pierce, FL 34981

 
OCCUPIED BY:
Tenant
807 Emil Drive
Fort Pierce, FL 34982

 

Section: 5-368   Property Maintenance
 
 
7.
16-1528 222 S Ocean Drive Mosley (TR), Daniel S Isaac Saucedo
 
Case Initiated:  June 27, 2016 Type of Presentation: Regular - COMPLIED
 
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.
16-0849 1609 Paseo Ave De La Luz Moreno, Geronimo Shaun Coss
 
Case Initiated:  April 7, 2016 Type of Presentation: Regular
 
OWNER:
Geronimo De La Luz Moreno
1609 Paseo Ave
Fort Pierce, FL 34982 
OCCUPIED BY:

 
 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator (BDI) Shaun Coss read the facts of the case and presented photos which were marked as Exhibit 1.  There was a problem getting the permit because husband was out of town and wife Laurie Mendez was not on the title.

Geronimo Mendez and Laurie Mendez were sworn in for testimony.  They confirmed the issue about getting the permit and agreed that they could get the violation corrected within the 60 days.
 

The Special Magistrate found that a violation does exist and that Geronimo De La Luz Moreno Mendez 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.

 
B.
16-0995 415 N 26th St Briggs, Gertrude Shaun Coss
 
Case Initiated:  April 18, 2016 Type of Presentation: Regular
 
OWNER:
Gertrude D Briggs
C/O Alfred Davis
PO Box 11097
Rochester, NY 14611 
OCCUPIED BY:

 

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 304.1 Exterior Structure
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13 Windows, Doors & Frames
IPMC 304.18 Building Security
IPMC 305.3 Interior Surfaces
IPMC 305.2 Structural Members
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 704.2 Smoke Alarms
BDI Shaun Coss read the facts of the case and presented photos marked as Exhibit 1.  Alfred Davis who is a representative of owner is present and asking for more time.  Staff is agreeable to 90 days.

Alfred Davis was sworn in.  He lives in Rochester, NY and didn't know these violations were going on.  Mrs. Briggs is deceased and he is her son.  He agreed to have the violations corrected within the 90 days.  The Code Compliance Manager said if he obtained the permit within the 90 days he still had an additional 6 months in which to comply.
 

The Special Magistrate found that a violation does exist and that Gertrude D. Briggs has committed or is responsible for the violations. She 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 her decision in the Circuit Court of St. Lucie County.

 
C.
16-1182

 
707 Emil Dr

 
San Juan, Ariel
Osorio, Jacinto
 
Janey Vanderhorst

 
 
Case Initiated:  May 11, 2016 Type of Presentation: Regular - STIPULATION
 
OWNER
Ariel San Juan 
Jacinto Osorio
704 Ixoria Ave
Fort  Pierce, FL 34982

 
OCCUPIED BY:
Jacinto Osorio
707 Emil Dr
Fort Pierce, FL 34982


 

Section: 16-46, 16-47, 16-48 (1)(5)   Outside Storage
Section: 5-368 (6)   Fence Maintenance

 
Jacinto Osorio signed a stipulation that he will have the violations corrected within 10 days or until October 3, 2016 or a fine of $100.00 per day would be imposed.
 
D.
16-1183 708 Emil Drive Etheridge, Mary (EST) Janey Vanderhorst
 
Case Initiated:  May 11, 2016 Type of Presentation:  Repeat - R&D
 
OWNER:
Mary Etheridge (EST)
708 Emil Drive
Fort Pierce, FL  34982
OCCUPIED BY:
William C Etheridge
708 Emil Drive 
Fort Pierce, FL 34982

Section: 16-46, 16-47, 16-48 (4)   Parking on Other Than Pavement
 

The Special Magistrate found that section 16-46, 16-47, 16-48 (4) 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.
16-1257 2809 Serenity Cir South Murca, Carla Shaun Coss
 
Case Initiated:   May 17, 2016 Type of Presentation: Regular
 
OWNER:
Carla Murca & Ednilson Santos
1103 SW 49th Terr
Margate, FL 33068 
OCCUPIED BY:

 
 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate ordered that a violation does exist and that Carla Murca & Ednilson Santos 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.

 
F.
16-1482 1605 Wyoming Avenue Noelke, Daniel E  Janey Vanderhorst
 
Case Initiated:  June 17, 2016 Type of Presentation: Regular - R&D
 
OWNER:
Daniel E Noelke
1840 Trowbridge Rd 
Fort Pierce, FL 34945
 
OCCUPIED BY:
Tenants
1605 Wyoming Avenue 
Fort Pierce, FL 34982
 

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

The Special Magistrate found that section 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.
16-2118 1107 Granada Street Smith, Kevin Isaac Saucedo
 
Case Initiated: August 31, 2016 Type of Presentation: R&D
 
OWNER:
Kevin Smith
3738 N Lakewood Ave
Chicago, IL 60613
OCCUPIED BY:


 

Section(s): 22-22 (C) Allowed uses
Section(s): 9-27 (B) Doing Business without a Tax
 

The Special Magistrate found that section 22-22 (C) & 9-27 (B) 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)
 
A.
15-0105 2909 Sunrise Boulevard Shotto, Patricia Shaun Coss

Case Initiated:  January 14, 2015 Type of Presentation: Massey Hearing - RECALL

OWNER:
Patricia Shotto
709 Emil Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
BDI Shaun Coss read the facts of the case.  He stated the permit has expired. 
 
Patricia Shotto was sworn in.  Special Magistrate Ross informed the public that she did know Ms. Shotto personally.  Ms. Shotto said she did not put the windows in.  She said she had been pricing windows but to replace them with impact resistant windows they were going to cost her at least $1,500.00 which she doesn't have.  Special Magistrate Ross referred her to an organization called SELF to see if she could get some assistance.

BDI Coss said the City does not require impact windows but if she's going to replace them they will need to be energy efficient.  Also, she will have to put shutters over them.  If this is the route she wants to take she will have to have the permit revised.
 

The Special Magistrate extended the deadline for 90 days to allow for Mrs. Shotto to renew the existing permit, revise, and have it approved. If this is not complied by the next hearing date, January 11, 2017, the fines will be restarted and a lien placed on the property.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS:
Code Compliance Manager Peggy Arraiz mentioned new ordinances for parking passed at the City Commission meeting and Ms. Mosley is working on putting a training session together to discuss how to handle them.
 
9.
OLD BUSINESS


Adjourned 9:50 AM.
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk