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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, DECEMBER 7, 2016.
 
1.
CALL TO ORDER:
9:10 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
Andy Avery - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-1755 606 S 7th St. Cius, Walner Shaun Coss
 
Case Initiated:  July 21, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Walner & Marie Cius
970 SE Bayfront Ave
Port St. Lucie, FL 34983 
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
2.
16-2210

 
2202 Okeechobee Road

 
Willems (TR), Donald J
Willems (TR), Joan C
Willems (TR), Martin D
Andy Avery

 
 
Case Initiated:  September 30, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Donald J Willems (TR)
Joan C Willems (TR)
Martin D Willems (TR)
701 Hartman Road
Ft Pierce, FL 34947
OCCUPIED BY:
Cleveland Richardson
2202 Okeechobee Road
Ft Pierce, FL 34950

 

Section 5-368 (6) – Fence Maintenance
 
3.
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 NO SHOW-CONT.
 
OWNER:
Maria Dominguez & Antonio Risco
611 Maple Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 
4.
151041 2228 Okeechobee Road Mondragon, Juan Shaun Coss
 
Case Initiated: July 7, 2015 Type of Presentation: Massey Hearing - NO SHOW - CONT.
 
OWNER:
Juan Mondragon
1801 Havana Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:
El Resortes LLC
2228 Okeechobee Road
Ft. Pierce, FL 34950

Section(s): 5-1.105.1 Permit Required
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
16-1021 505 Wisteria Ave Gill, Alvaro A  Janey Vanderhorst

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

OWNER:
Alvaro A Gill
2631 95th St East
Flushing, NY 11369
OCCUPIED BY:
Tenant
505 Wisteria Ave
Flushing, NY 11369


Section(s): 5-368  Property Maintenance
Section(s): 5-368 (6)  Fence 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.

 
B.
16-1768 1217 Wyoming Ave Olin, Christopher C Janey Vanderhorst

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

OWNER:
Christopher C Olin
1217 Wyoming Ave 
Fort Pierce, FL 34982
OCCUPIED BY:
 

 

Section(s): 2008 NEC Temporary Lighting
Section(s): 16-46, 16-47, 16-48 (1)(5)  Outside Storage

Section(s): 22-187 (13)  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.

 
C.
16-2112 2806 S 10th St Mackey, Carol R Janey Vanderhorst

Case Initiated:  August 31, 2016 Type of Presentation: Regular

OWNER:
Carol R Mackey
2806 S 10th St 
Fort Pierce, FL 34982
OCCUPIED BY:
 

 

Section: 5-368    Property 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.

 
D.
16-1785 2312 Georgia Ave Velaquez, Lino Shaun Coss

Case Initiated:  July 22, 2016 Type of Presentation: Regular

OWNER: 
Lino Velaquez
2312 Georgia Ave
Fort Pierce, FL 34950 
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.

 
E.
16-2087 2016 Golfview Ct. Newbern, Pat Shaun Coss

Case Initiated:  August 25, 2016 Type of Presentation: Regular

OWNER:
Pat C Newbern, Angela N Ewers & Lee C Ewers
3722 ST Benedicts Rd.
Ft 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.

 
G.
16-1802 720 Texas Court Oyibo, Peter Shaun Coss

Case Initiated:  July 26, 2016 Type of Presentation: Regular - Cont. from 11/2/16

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
Building Department Investigator Shaun Coss read the facts of the case and said he had received the complaints from a previous tenant.  He presented photos which were marked as composite exhibit 1.

Keyonta Wynn, Mr. Oyibo's fiance was sworn in for testimony.  She said the building would remain vacant until the violations could be corrected.  She agreed that they could be corrected within the 90 days.

Code Compliance Manager informed her that once she has obtained the permit she will have an additional 6 months to comply.
 

The Special Magistrate found that a violation does exist and that Peter Oyibo 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.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
11-1587 207 S 30th Street Chavalo, Ana Peggy Arraiz

Case Initiated:  October 12, 2011 Type of Presentation: Massey Hearing

OWNER:
Ana Chavalo
207 S 30th Street
Ft. Pierce, FL 34947
OCCUPIED BY:


 

Section(s): 22-187 (13) Landscape Maintenance
Code Compliance Manager Arraiz read the facts of the case and explained about the foreclosure being dropped leaving this property as what is known as a zombie property.  She also explained how Staff located Mrs. Chavalo and was agreeable to waiving the fines for this case.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be waived from $40,840.00 to $.00.

 
C.
16-0324 505 S 8th Street White, Gary & Lisa Shaun Coss

Case Initiated:  February 4, 2016 Type of Presentation: Massey Hearing

OWNER:
Gary & Lisa White
1250 Shinn Road
Ft. Pierce, FL 349456
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
Building Department Investigator Coss read the facts of the case.  He said they have applied for the permit to tear down the rear structure; however, they also have to go before the Historic Preservation Board.

Gary White was sworn in.  He testified that they would either tear it down or rebuild the structure but they were waiting for the building department's authorization.

Staff was agreeable to stopping the fines and revisit the Massey at another date.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing for 60 days to allow property owner to correct the violations. If not corrected within this time period the fines will begin again and a lien will be filed with the St. Lucie County Clerk of Court.

 
D.
15-1581 709 S 9th Street Laps Enterprises USA LLC Shaun Coss

Case Initiated:  September 15, 2015 Type of Presentation: Massey Hearing

OWNER:
Laps Enterprises USA LLC
638 SE Capon Terrace
Port St. Lucie, Fl 34983
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
Building Department Investigator Coss read the facts of the case. 

Natasha Suazo, Adrian Perez aka Adrian Suazo's daughter was sworn in for testimony.  She said her father's health has been an issue and he failed to call for an inspection.

Staff was agreeable to reducing the fines to $250.00 for administrative fees.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $830.00 to $200.00 payable in 60 days. 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
 
0.
08-2793 325 S 13th Street Dantilus, Jean M. Peggy Arraiz

Case Initiated:  August 26, 2008 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
Dean Bryan
2730 Devonwood Avenue
Miramar, FL 33025
CURRENT OWNER:
Jean M. Dantilus
325 South 13th Street
Ft. Pierce, FL 34950

Section(s): 5-368 (3) (4) Property Maintenance
Section(s): 22-67 (B) (4), 5-368 (6) Fence Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) Outside Storage - Indoor Furniture
Section(s): 22-187 (13) (B) - Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (10) (15) Nuisance as a Condition
Section(s): 16-46, 16-47, 16-48 (1) (5) Nuisance as an Object
Code Compliance Manager Arraiz read the facts of the case and went over the 7 criteria of Rule 17.  She said staff was agreeable to reducing the fines to $1,500.00.

Jean Dantilus was sworn in.  He was requesting the Special Magistrate to waive all fines as he was not aware of the lien until he went to get a loan to fix the property.  He has invested over $45,000 and it has taken more than a year to work with the city to get a permit.  He said the permit is now expired and he has to renew it in order to finish the work.

The Special Magistrate asked if he got title insurance and he said he bought the property from an auction.  The Special Magistrate reminded Mr. Dantilus it is his responsibility to do his due diligence.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $282,050.00 to $1500.00 payable in 60 days or at closing whichever comes first. If not paid within that time the lien would revert back to its original amount.

 
A.
14-0754 207 S 30th Street Chavalo, Ana Peggy Arraiz

Case Initiated:  April 9, 2014 Type of Presentation: Lien Reduction

OWNER:
Ana Chavalo
207 S 30th Street
Ft. Pierce, FL 34947
OCCUPIED BY:


 

Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 5-369 Vacant Building
Code Compliance Manager Arraiz read the facts of this case and went over the 7 criteria for Rule 17.  She said Staff was agreeable to reducing this lien to $3,000.00 payable in 6 months.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and agreed to reduce the lien from $190,300.00 to $3000.00 payable in 6 months as provided for in Rule 17 (d). If not paid within that time the lien would revert back to its original amount.

 
7.
REQUEST FOR EXTENSION OF TIME
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS:
Code Compliance Manager Arraiz reminded the Special Magistrate that the City was preparing the citation training for the 2nd week of January.

Adjourned:
10:00 AM.

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk