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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, NOVEMBER 15, 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
Isaac Saucedo - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-2276 1123 Hernando St Wood, David & Tiffany Isaac Saucedo
 
Case Initiated:  September 29, 2016 Type of Presentation:  Regular - PULLED
 
OWNER:
David C Wood
Tiffany M Wood
1123 Hernando St
Fort Pierce, Fl 34949
 
OCCUPIED BY:
 



 

Sec. 22-22. - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 
2.
16-2275 1119 Hernando St Paradis, Paul E Isaac Saucedo
 
Case Initiated:  September 29, 2016 Type of Presentation:  Regular - PULLED
 
OWNER:
Paul E Paradis
Elizabeth A Paradis
1119 Hernando St Apt B
Fort Pierce, Fl 34949
 
OCCUPIED BY:
 



 

Sec. 22-22. - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 
3.
16-1306 108 S 29th St. Williams, Jacquelyn Shaun Coss
 
Case Initiated:  May 23, 2016 Type of Presentation: Regular - PULLED
 
OWNER:
Jacquelyn A Williams
3162 Bollard Rd
West Palm Beach, FL 33411
OCCUPIED BY:
 

 

Setion(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 Structure, IPMC 304.5 Foundation Walls, IPMC 304.13 Windows, Doors & Frames, IPMC 304.13.2 Openable Windows, IPMC 305.3 Interior Surfaces, IPMC 305.4 Walking Surfaces, IPMC 309.1 Infestation, IPMC 403.2 Bathrooms and Toilet Rooms Ventilation, IPMC 504.1 Plumbing Fixtures, IPMC 506.2 Sanitary Drainage System Maintenance, IPMC 605.1 Electrical Equipment, IPMC 605.2 Electrical Receptacles, IPMC 605.3 Luminaires, IPMC 605.4 Wiring, IPMC 704.1 Fire Protection Systems
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
1.
16-2511
 
1119 Hernando Street
 
Paradis, Paul E
Paradis, Elizabeth A
Isaac Saucedo
 

Case Initiated:  October 26, 2016 Type of Presentation:  Regular

OWNER
Paul E Paradis
Elizabeth A Paradis
58 Oaks St
Brattleboro, VT 05301
OCCUPIED BY:
Andrew J Euell
1119 Hernando St, Apt B
Fort Pierce, FL 34949
 

Section(s):  22-22. - Allowed uses
Section(s):  9-27 (B) – Doing Business without a Tax
Code Officer Isaac Saucedo read the facts of the case.  The owner was unaware of tenant renting out the 2nd side of building.  He provided Exhibits of the advertisement.  The ad has since been taken down.

Andrew Euell was sworn in for testimony.  He said he and his family were living in side B and he was renting to friends and family side A.  He is not operating a business.  He didn't know it was a violation and he has canceled any future renters.  Mr. Euell also stated that they were moving out today and moving to Vero between the 15th and the end of month.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Andrew J Euell has conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $1141.00 is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated.

 
2.
16-2260 1128 Hernando st Jacob & Janyce Lieberman Isaac Saucedo

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

OWNER:
Jacob Lieberman
Janyce R Lieberman
1034 Coral Circle
Boynton Beach, Fl 33426
OCCUPIED BY:
 


 

Sec. 22-22. - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 

The Special Magistrate found that section 22-22, 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.

 
3.
16-2278 1138 Hernando St Dufault, Shawn A Isaac Saucedo
 
Case Initiated:  September 29, 2016 Type of Presentation: Regular
 
OWNER:
Shawn A Dufault
1138 Hernando St
Fort Pierce, Fl 34949
 
OCCUPIED BY:
 


 

Sec. 22-22. - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 
Code Compliance Manager Margaret Arraiz read the facts of the case.  She said the conditional use permit has been applied for and is now in the attorney's office. Staff recommends continuing this to allow her time to complete this permit.
 

Special Magistrate continued this case until Friday, November 17 to allow Ms. Dufault to finish her conditional use paperwork.

If not completed by Friday the order will read Special Magistrate found that the violation(s) listed on the summary sheet does exist and has conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $581.00 is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated.

 
4.
16-2273 1125 S Ocean Dr Formento (TR), Jocelyn Isaac Saucedo

Case Initiated:  September 29, 2016 Type of Presentation:  Regular

OWNER:
Jocelyn Formento (TR)
131 Stanford Ave
Santa Cruz, CA 95062
OCCUPIED BY:
 

 

Sec. 22-22. - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 

The Special Magistrate found that section(s) 22-22, 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.
16-2274 1136 S Ocean Dr Rossman, Micheal & Jessyca Isaac Saucedo

Case Initiated:  September 29, 2016 Type of Presentation:  Regular

OWNER:
Micheal J Rossman
Jessyca K Rossman
?1136 S Ocean Dr
Fort Pierce, Fl 34949
 
OCCUPIED BY:
 



 

Sec. 22-22. - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 

The Special Magistrate found that section(s) 22-22, 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.

 
8.
16-2344
 
1144 Fernandina St
 
Tomaszewski, Stanley J
Alvite, Annabelle C
Isaac Saucedo
 

Case Initiated:  October 11, 2016 Type of Presentation: Repeat

OWNER:
Stanley J Tomaszewski
Annabelle C Alvite
P.O. Box 937
Kotzebue, AK 99752
OCCUPIED BY:
 


 

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

The Special Magistrate found that section(s) 22-22, 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.

 
10.
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
 

Special Magistrate ordered that a violation does exist and that Eddie C Hadley III & Diane Hadley have 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 his decision in the Circuit Court of St. Lucie County.

 
11.
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
 

Special Magistrate ordered that a violation does exist and that John Howard has committed or is responsible for the violations. He /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 his decision in the Circuit Court of St. Lucie County.

 
12.
16-2464 1101 Avenue D Wilson Sr, Darrell
Brenda Brunson
Christopher Wilson Sr.
 
Peggy Arraiz
Cont. from Nov 1, 2016
Meeting
 

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

OWNER:
Darrell Wilson Sr.
Brenda Brunson
Christopher Wilson Sr.
4104 AVE R
Fort Pierce, FL 34947
OCCUPIED BY:
Wilson's Game Room
1101 Avenue D
Fort PIerce, FL 34950

 

Section 9-27 (B) – Doing Business without a Tax
Section 3-13 (B) Bottle Clubs
Code Compliance Manager Margaret Arraiz summarized the case from the November 1st meeting.  Assistant City Attorney Mosley recalled Officer MacCarty and reminded him that he was still under oath. She asked Officer MacCarthy what his impression of the location was and he said it operated after 2:00 a.m.  They drink and party.  He considers it a bottle club.  The City rested its case.

Mr. Wilson was reminded that he was previously sworn in and was still under oath.  He asked that the case be dismissed and quoted his reasons for this including he did not receive notice to correct the problem, the Police Department took pictures without a search warrant, showed no proof that it was a bottle club and the video was not admitted as evidence.
 

Special Magistrate Ross denied the request to dismiss and determined that Darrell Wilson, Sr, Brenda Brunson & Christopher Wilson, Sr operated a bottle club in violation of the Code of Ordinances as specified above, on property located at the above described location. Accordingly it is ORDERED as follows:

  1. Cease and desist operating the bottle club immediately.
  2. Alcohol is not to be consumed on the premises; this includes the entire area within the parcel boundaries, without a proper Business Tax Receipt and State License.
  3. This location is declared a public nuisance and is to be monitored for continued compliance for a period of twelve (12) months.
  4. In the event there is a violation of this order within twelve (12) months from the date of this Order, there shall be imposed a fine pursuant to Section 162.09, Fla. Stat., at a daily, cumulative rate of $250.00.
  5. This activity being a violation of Section 9-27 (b) will result in the suspension of all utility services.
  6. This Order may be recorded in the Public Records of the County and shall constitute notice to any subsequent purchasers, successors in interest or assigns wherein the violation concerns real property. If this Order is not complied with timely, then there shall be issued an Order pursuant to Section 162.09, Fla. Stat., and Rule 16, Rules of Procedure of the Code Enforcement Board of the City of Fort Pierce, Florida, imposing lien in the manner provided for by law.
  7. The violator has 30 days in which to file an appeal of the Special Magistrate’s decision to the Circuit Court of St. Lucie County.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
1.
16-0174 131 N 15th Street Teneyck, Jane A Peggy Arraiz
 
Case Initiated: January 20, 2016 Type of Presentation: Massey (Cont. 1 more time)
 
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
 
2.
16-0175 131 N 15th Street Teneyck, Jane A Peggy Arraiz
 
Case Initiated:  January 20, 2016 Type of Presentation:  Massey (Cont.1 more time)
 
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
 
3.
15-2091 1217 Easter Avenue Carranza, Lucia H Shaun Coss

Case Initiated:  December 4, 2015 Type of Presentation: Massey Hearing

OWNER:
Lucia H. Carranza
6715 NE Pinson Court
Port St. Lucie, FL 34983
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment
IPMC 304.7 Roofs & Drainage
IPMC 304.13, Windows, Doors & Frames
IPMC 304.13.2 Openable Windows
IPMC 305.3 Interior Surfaces
IPMC 505.1 Water System
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
Building Department Investigator Coss read the facts of the case and said the permit had been applied for.  Staff recommended stopping the fines and allow them 90 days to complete.

Lucia Carranza and Daniel Carranza were sworn in.  They agreed to the recommendation.
 

Special Magistrate ordered the fines to be stopped for 90 days to allow for permit to be completed.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
1.
07-0814 708 Grandview Boulevard Ibrahim, Rudaina Peggy Arraiz

Case Initiated:  May 19, 2004 Type of Presentation: Lien Reduction Request

PREVIOUS OWNER:
Rudaina Ibrahim
708 Grandview Boulevard
Ft. Pierce, FL
OCCUPIED BY:
Qamar Uddin Wahaj & Ayaz Khalid Siraj
233 SW Whitmore Drive
Port St. Lucie, FL 34984

Section(s): 16-46, 16-47, 16-48 (10) (d) Non-operative/unlicensed vehicle
Code Compliance Manager Margaret Arraiz read the facts of the case.  She said she had talked to the property owner prior to the hearing and they were agreeable to the reduction of $1,350.00.  She went over the 7 criteria and recommended the City accept this offer.
 

Special Magistrate Ross reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien to $1350.00 payable in 90 days or at closing whichever comes first. If not paid within that time the lien would revert back to its original amount.

 
7.
REQUEST FOR EXTENSION OF TIME
 
1.
15-1078 508 Emil Drive Wilson, Avril Shaun Coss

Case Initiated:  July 10, 2015 Type of Presentation: Extension of Time

OWNER:
Avril Wilson
508 Emil Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:
 

Section(s): 5-1.105.1 Permit Required.
Building Department Investigator Coss read the facts of the case.  He explained that the property owner had health and financial issues.  Staff recommended granting the extension.

Avril Wilson was sworn in.  She said she has been ill since 2004. She has been unemployed and has a transportation problem.  She said her ex-husband is who did the stucco work and she didn't know anything about permits.  She said she would get it done but needed more time. 
 

Special Magistrate ordered the request for an extension of time within which to comply with the requirements of the order be granted for an additional 7 months taking into consideration the upcoming holidays and it can be brought back for reconsideration after that time.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk