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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, NOVEMBER 2, 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 Janey Vanderhorst
Building Department Investigator Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
a.
16-2241 1820 Fulton Drive Torres, Ninoshka B J Gasparre
 
Case Initiated:  August 21, 2016 Type of Presentation: Animal Control - COMPLIED
 
OWNER:
Ninoshka Torres
1906 Fulton Drive
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 4-22 (A) Animal Restraint - Resulting in Death of a Cat
 
b.
16-2242 2102 S 29th Street Barbosa, Odeci Kenny Nelson
 
Case Initiated:  August 24, 2016 Type of Presentation: Animal Control - COMPLIED
 
OWNER:
Odeci Barbosa
2102 S 29th St
Bldg B Apt. 20
Ft. Pierce, FL 34950
OCCUPIED BY:
 


 

Section(s): 4-27 Rabies Vaccination Required.
Section(s): 4-20 Public Nuisance
Section(s): 4-21 Running at Large
Section(s): 4-50 City Registration Required.
 
c.
16-1782 614 Avenue I Unit 2 Avenue I Investments LLC Shaun Coss
 
Case Initiated:  July 22, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Avenue I Investments LLC
5580 SW 7th Place
Margate, FL 33068 
OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 704.2.1 Smoke Alarms
 
d.
16-1556 906 N 19th Street Ebgi, Daniel Shaun Coss
 
Case Initiated:  June 30, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Daniel Ebgi
13 Haluzim St 35
Ashdod 77455
ISRAEL
OCCUPIED BY:
 


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 304.1 Exterior Structure
IPMC 504.1 Plumbing Fixtures
IPMC 605.1 Electrical Equipment
 
e.
16-1075 909 Ohio Ave M J Vestors Inc Shaun Coss
 
Case Initiated:  April 28, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
M J Vestors Inc
PO Box 9366
Port St. Lucie, FL 34985
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
16-1802 720 Texas Court Oyibo, Peter Shaun Coss
 
Case Initiated:  July 26, 2016 Type of Presentation: Regular - CONTINUED
 
OWNER:
Peter Oyibo
4470 34th Dr.
Vero Beach, FL 32960 
OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
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 304.13.1 Glazing
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 305.6 Interior Doors
IPMC 309.1 Infestation
IPMC 503.1 Toilet Room Privacy
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.2.1 Smoke Alarms
 
B.
16-1554 705 Mades Drive Sabal Chase Harmony Housing LLC Shaun Coss
 
Case Initiated:  June 30, 2016 Type of Presentation: Regular
 
OWNER:
Sabal Chase Harmony Housing LLC
152 W 57th Street, 60th Floor
New York, NY 10019 
OCCUPIED BY:
 

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.1 Exterior Structure
 

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.

 
C.
16-1502 905 N 13th St. Agnew, Linton Shaun Coss

Case Initiated:  June 20, 2016 Type of Presentation: Regular

OWNER:
Linton Agnew
1509 Barcelona Ave
Ft Pierce, FL 34946 
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 composite exhibit 1 showing the condition of the building.

Alfreda and Linton Agnew were sworn in for testimony.  Mr. Agnew said he came in to obtain a permit but the repairs did not meet code.  BDI Coss said because it is a commercial building they will have to hire a contractor.  They were advised to contact Rebecca Grohall in the Planning Department to find out what building usage they can have and to contact the Police Department to get no trespassing signs.
 

The Special Magistrate found that a violation does exist and that Linton Agnew has committed or is responsible for the violations. He ordered that the violator has 6 months or the property becomes occupied; whichever comes first 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/her decision in the Circuit Court of St. Lucie County.

 
D.
16-0973 624 1/2 Texas Ct. Fernandez, Shirley Shaun Coss

Case Initiated:  April 18, 2016 Type of Presentation: Regular - Cont. from 9/7/2016

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
The violator was not present; however, BDI Shaun Coss read the facts of the case and said most of the violations have been corrected. He recommended 90 days to comply rather than 60.
 

The Special Magistrate found that a violation does exist and that Shirley D Fernandez 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.

 
E.
16-1199 115 Maple Ave DSSELL INVEST, INC. Shaun Coss

Case Initiated:  May 9, 2016 Type of Presentation: Regular

OWNER:
DSSELL INVEST, INC.
3746 Whiteway Dairy Rd.
Fort Pierce, FL 34947 
OCCUPIED BY:
 

 

Section(s):
5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.1 Exterior Structures
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 404.7 Food Preparation
IPMC 504.1 Plumbing Fixtures
IPMC 505.1 Water System
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
BDI Coss read the facts of the case and presented photos which were marked as composite exhibit 1 dated May 6, 2016.  He said there was no sufficient evidence for IPMC 404.7 and IPMC 605.1 as there are no tenants. 
 

The Special Magistrate found that a violation does exist and that DSSELL INVEST, INC 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.

 
F.
16-1217 2512 Avenue E Hardick, Kristy Shaun Coss

Case Initiated:  May 10, 2016 Type of Presentation: Regular

OWNER:
Kristy Hardick
2807 Avenue J
Fort Pierce, FL 34950 
OCCUPIED BY:
 

 

Section(s):
5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.4 Wiring
IPMC 704.1 Fire Protection Systems
 
The violator was not present; however, BDI Coss read the facts of case and recommended 90 days to comply rather than 60 days.
 

The Special Magistrate found that a violation does exist and that Kristy Hardick 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.

 
G.
16-1571 1611 N 19th St  Randolph, Julia A Isaac Saucedo
 
Case Initiated:  July 7, 2016 Type of Presentation: Regular - CONTINUED
 
OWNER:
Julia M Randolph
1712 Ave O
Fort Pierce, FL 34950
OCCUPIED BY:
Brandon B Anderson
1611 N 19th St
Fort Pierce, FL 34950 

Section: 5-368 (6) Fence Maintenance
 
H.
16-1715 2718 Sunrise Blvd Music, Cory A & Brittany R Dekker Janey Vanderhorst 

Case Initiated:  July 18, 2016 Type of Presentation: Regular

OWNER:
Cory A Music
Brittany R Dekker
2718 Sunrise Blvd
Fort Pierce, FL 34982
OCCUPIED BY:
Tenants 
2718 Sunrise Blvd
Fort Pierce, Fl 34982
 

Section(s): 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.

 
I.
16-1947 1231 N Lawnwood Circle Rainbow II LLC Andy Avery

Case Initiated: August 10, 2016  Type of Presentation: Regular 

OWNER:
Rainbow II LLC
142 N Main St #100
Buffalo, WY 82834
OCCUPIED BY:
 

 

Section(s): 5-368 (1)(4) Property Maintenance
Section(s): 22-187 (13)(b) Landscape Maintenance
 

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.

 
J.
16-1949 1502 S 33rd Street Petersen, Joram O Andy Avery

Case Initiated: August 10, 2016  Type of Presentation: Regular 

OWNER:
Joram O Petersen
2030 Colonial Rd #B4
Ft Pierce, FL 34950
OCCUPIED BY:


 

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

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)
 
0.
15-0839 917, 919, & 921 Avenue J Omer, Orit & Gal Mike Moribito

Case Initiated:  June 5, 2015 Type of Presentation: Massey Hearing

PREVIOUS OWNER:
Orit & Gail Omer
P .O. Box 600086
N Miami Beach, FL 33160
CURRENT OWNER:
Marie - Lourdes Candio & Francis Fleurant
924 Wagner Place #B
 Ft. Pierce, FL 34982

Section(s): 5-368 (1) Property Maintenance
Section(s): 5-368 (6) Fence Maintenance
Section(s): 5-369 Vacant Buildings
Code Enforcement Officer Morabito read the facts of the case.  The case involved a multi-family building of which Mr. Fleurant owns a couple of units but he does not own the parking lot. 

Frances Fleurant was sworn in.  He said all he wanted to do was get out of this situation and he was agreeable to paying $100.00 within 30 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and 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.

 
A.
15-0858 1021 Avenue M Reno, Jan Mike Moribito

Case Initiated:  June 10, 2015 Type of Presentation: Massey Hearing

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
Code Compliance Manager Peggy Arraiz read the facts of the case.  Mr. Greenfield is in Texas and was unable to get here; however, he is agreeable to paying $200.00 within 90 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts ordered the fines be reduced to $200.00 payable within 90 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.
15-0622 416 Cedar Place Scott, Joy A (TR) & Leach, Joy S Shaun Coss
 
Case Initiated:  April 20, 2015 Type of Presentation: Massey - RESCHEDULE
 
OWNER:
Joy A Scott (TR) & Joy S. Leach
704 S 7th Street
Ft. Pierce, FL 34950
OCCUPIED BY:


 

5-1.101.2.1 Unsafe Building
5-368 Property Maintenance
5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Window & Door Frames
IPMC 304.13.2 Openable Windows
IPMC 304.14 Insect Screens
IPMC 304.15 Exterior Doors
IPMC 304.18 Building Security
IPMC 309.1 Infestation
IPMC 404.7 Food Preparation
IPMC 502.1 Required Facilities
IPMC 503.1 Toilet Room Privacy
IPMC 504.1 Plumbing Fixture
IPMC 505.1 Water System
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 704.1 Fire Protection Systems
BDI read the facts of the case and said everything but the permit has been complied.  They are working on the permit and Staff recommends stopping the fines and bring the case back in 60 days.
 

The Special Magistrate ordered the fines be stopped and bring the case back in 60 days.

 
C.
15-0518 302 S 33rd Street Moreno, Pedro Shaun Coss

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

OWNER:
Pedro Moreno
3205 Boston Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Code Compliance Manager Peggy Arraiz read the facts of the case.  She stated there was a misunderstanding in regards to the permit and Staff recommends waiving the fines.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts ordered the fines be waived.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
14-1232 302 S 33rd Street Moreno, Pedro Andy Avery

Case Initiated:  June 13, 2014 Type of Presentation: Lien Reduction

OWNER:
Pedro Moreno
3205 Boston Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-368 (1) Property Maintenance
Code Compliance Manager Peggy Arraiz read the facts of the case and went over the 7 criteria.  She said Staff was agreeable to reducing the lien to $500.00.

Pedro Moreno was sworn in for testimony.  He said there had been issues with the permit. 

Clay Becton who was representing Mr. Moreno was sworn in.  He said he was a general contractor and there was extenuating circumstances.  He pulled the permit in July or August and made all of the installations.  When he applied for a stucco permit he learned he did not get an inspection on the windows; therefore the permit expired.  Mr. Moreno's health and finances has been an issue.  Mr. Becton is willing to pay some of the cost.

They were agreeable to paying $300.00 within 90 days on approval by the commission.
 

Special Magistrate Blandino reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien to $300.00 payable in 90 days. If not paid within that time the lien would revert back to its original amount.

 
7.
REQUEST FOR EXTENSION OF TIME
 
A.
15-1645 2005 Avenue P Simonson, Robert & F. Sandra Shaun Coss

Case Initiated:  October 1, 2015 Type of Presentation: Massey Hearing

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.
BDI Coss read the facts of the case and informed the Special Magistrate that there had been no changes in the violations,  no permits, no contact, and no change of owner; therefore, Staff recommended restarting the fines and imposing the lien on the property.

Neither the property owners nor a representative were present for the hearing.
 

Special Magistrate Blandino after hearing the facts of the case and being made aware of the past appearances by the property owner ordered the fines to be restarted and to impose a lien on the property immediately.

 
B.
15-1657 1402 Reynolds Court Simonson, Robert & F. Sandra Shaun Coss

Case Initiated:  October 01, 2015 Type of Presentation: Massey Hearing

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.
BDI Coss read the facts of the case and informed the Special Magistrate that there had been no changes in the violations, no permits, no contact, and no change of owner; therefore, Staff recommended restarting the fines and imposing the lien on the property.

Neither the property owners nor a representative were present for the hearing.
 

Special Magistrate Blandino after hearing the facts of the case and being made aware of the past appearances by the property owner ordered the fines to be restarted and to impose a lien on the property immediately.

 
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
 
8.
NEW BUSINESS:
Margaret Arraiz said they were planning on having a training session in December for all of the new ordinances taking place.
 
9.
OLD BUSINESS
Meeting adjourned 10:05 AM.

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk