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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, OCTOBER 19, 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 - Margaret Arraiz
Code Enforcement Officer - Mike Morabito
Code Enforcement Officer - Andy Avery
Building Department Investigator - Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-1220
 
3204 Hibiscus Avenue
 
 Wheeler II, Walter L
 Wheeler, Ruth H
Andy Avery
 
 
Case Initiated: May 11, 2016  Type of Presentation: Regular - COMPLIED
 
OWNER:
Walter L Wheeler II
Ruth H Wheeler
3204 Hibiscus Avenue
Ft Pierce, FL 34947
 
OCCUPIED BY:
 



 

Section(s): 5-368 (1)(4) Property Maintenance
Section(s): 16-25 (C) Responsibility for Containers
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage

 
 
2.
16-1343 4898 Okeechobee Rd. GE Capital Franchise Finance Shaun Coss
 
Case Initiated:  May 25, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
GE Capital Franchise Finance
PO Box 961026
Fort Worth, TX 76161
OCCUPIED BY:
Applebee's
4898 Okeechobee Rd.
Fort Pierce, FL 34947

Section(s)5-1.105.1 Permit Required
 
3.
16-2022 206 Hialeah Ave  Ronald, Gilbert Isaac Saucedo
 
Case Initiated:  August 18, 2016  Type of Presentation: Regular - COMPLIED
 
OWNER:
Ronald Gilbert
Lynrose Gilbert
344 NW Heather St
Port Saint Lucie, FL 34983
 
OCCUPIED BY:




 

Section(s):  16-46, 16-47, 16-48 (1)(5)  Outside Storage
Section(s):  2015 NEC  Temporary Lighting
 
4.
16-1308 1007 N 21st St Unit A Hadley III, Eddie Shaun Coss
 
Case Initiated:  May 23, 2016 Type of Presentation: Regular- RESCHEDULED
 
OWNER:
Eddie C Hadley III & Diane Hadley
15838 Golden Club St.
Clermont, FL 34711
OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unit for Human Occupancy
IPMC 304.5 Foundation Walls
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 704.2 Smoke Alarms
 
5.
16-1310 2108 Barcelona Ave Howard, John Shaun Coss
 
Case Initiated:  May 23, 2016 Type of Presentation: Regular - RESCHEDULED
 
OWNER:
John Howard
2108 Barcelona Ave
Ft Pierce, FL 34946
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
6.
16-0174 131 N 15th Street Teneyck, Jane A Mike Morabito
 
Case Initiated: January 20, 2016 Type of Presentation: Massey - RESCHEDULED
 
OWNER:
Jane Ann Ten Eyck Bazan
5380 NW Dell Court
St. Lucie West, FL 34986
OCCUPIED BY:


 

Section(s): 5-369 Vacant Buildings
Section(s): 16-46, 16-47, 16-48 (1) (5) (7)(15) Nuisance as a Condition
 
7.
16-0175 131 N 15th Street Teneyck, Jane A Mike Morabito
 
Case Initiated:  January 20, 2016 Type of Presentation:  Massey - RE-SCHEDULED
 
OWNER:
Jane Ann Ten Eyck Bazan
 5380 NW Dell Court
St. Lucie West, FL 34986
OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Nuisance as a Condition
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
16-0756 602 Wisteria Ave Riggins, Calandra Shaun Coss

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

OWNER:
Calandra Riggins
602 A Wisteria Ave
Fort Pierce, FL 34982
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case and presented photos which were marked as composite exhibit 1.  He extended the time for compliance from 60 days to 90 days.

Calandra Riggins was sworn in.  She said she didn't know they would need a permit, but agreed she could make the corrections within the time given.
 

The Special Magistrate found that a violation does exist and that Calandra Riggins 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.

 
F.
16-1402 1121 Lincoln Ct. Bernard, C A & Mildred Shaun Coss

Case Initiated:  June 3, 2016 Type of Presentation: Regular

OWNER:
C A & Mildred Bernard
1121 Lincoln Ct.
Ft Pierce, FL 34950
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and presented photos which were marked as composite exhibit 1.

Bishop Luella Taylor and Cornelias A Bernard were sworn in.  Bishop Taylor said things have been that way forever and they want to pull their own permit rather than hire a contractor.  Mr. Coss said that would be up to the building official but he was willing to extend the time from 60 days to 90 days.
 

The Special Magistrate found that a violation does exist and that CA & Mildred Bernard 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.

 
H.
16-2109 1335 Orange Avenue TS Turner Inc Andy Avery

Case Initiated: August 30, 2016  Type of Presentation: Regular 

OWNER:
TS Turner Inc
1335 Orange Avenue
Ft Pierce, FL 34950
 
NOTICE ALSO TO:
Tonya G Turner
713 Cedar Place
Ft. Pierce, FL 34950
 

Section(s): 5-73 House Numbers
Section(s): 5-368 (1)(4) Property Maintenance
 

The Special Magistrate found the violations do exist and the violators who 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.

 
I.
16-2285
 
805 Texas Ct
 
Ewen II, Dennie P
Ewen, Vanessa
Andy Avery
 

Case Initiated: September 30, 2016  Type of Presentation: Repeat Violator 

OWNER:
Dennie P Ewen II
VanessaEwen
805 Texas Ct
Ft Pierce, FL 34950
OCCUPIED BY:
 


 

Section(s) 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Code Officer Andy Avery read the facts of the case and presented photos which were marked as composite exhibit 1.

Denny and Vanessa Ewen were sworn in.  Mrs. Ewen said the violations were 95% completed.  She has been in the hospital for the last couple of months and her husband has also been sick. He said they scrap for extra money and people just bring it to them and leave it in the yard.

Mosquito control agent Betty Jo Stark was sworn in.  She said people complain about the outside storage because it holds rain water and breeds mosquitos which in this area are known to produce the Zikka Virus.

Officer Avery said they are repeat violators and Staff would like them to have everything cleaned up by Friday's garbage pick up.  If not, start fines on Saturday at $100.00 per day until complied.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Dennie P Ewen II & Vanessa Ewen has committed or are responsible for the violations. She ordered that the violator(s) have until Friday, October 21 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 $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.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
b.
16-0342 604 N 25th Street Charles, Edmond & Marie J Mike Morabito

Case Initiated:  February 6, 2016 Type of Presentation: Massey Hearing

OWNER:
Edmond Charles, Marie J. Charles & Pierre M Charles
1115 NE 177th Terrace
N Miami, FL 33162
OCCUPIED BY:


 

Section(s): 5-369 Vacant Buildings
Section(s): 16-46, 16-47, 16-48 (1) (5) (7) (15) Nuisance as a Condition.
Code Enforcement Officer Mike Morabito read the facts of the case.  Code Compliance Manager followed up by explaining this was a nuisance abatement. 

Marie Charles, Edmund Charles, and Pierre Charles were sworn in.  Edmund Charles said he hired someone to do the work.  His brother did not stop by enough to make sure the work was getting done. 

Ms. Arraiz said Staff was agreeable to reducing the fines to $100.00 payable in 6 months.  Said if not paid in this time period a lien would be recorded on the property.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $1,900.00 to $100.00 payable in 6 months. If not paid within this time period 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 Arraiz said the legal department was preparing a training session on how to handle the citations that will be issued for animal control, parking, etc.
 
9.
OLD BUSINESS
Adjourned 10:15 AM.

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk