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Minutes for Special Magistrate Hearing

MINUTES OF A REGULAR MEETING OF THE SPECIAL MAGISTRATE OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CONFERENCE ROOM, SECOND FLOOR, CITY HALL, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 9:00 A.M. ON WEDNESDAY, JANUARY 18, 2017.
 
1.
CALL TO ORDER: 9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-2651 1718 Rio Vista Dr. Mueller-Peters, Horst Isaac Saucedo
 
Case Initiated:  November 17, 2016 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Horst Mueller-Peters
Wolkenburgstrasse 8
Koeln 50939,00000
OCCUPIED BY:
John L Lambert
1718 Rio Vista Dr.
Fort Pierce, Fl 34949

Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage.
Outside storage of any garbage, rubbish, trash, boxes, tires, abandoned or inoperative appliance, mechanical equipment or parts, construction material, tools, machinery, wood and all other miscellaneous items are not allowed.   
 
2.
14-0402 1609 Citrus Avenue Massoni, Thomas (Est) Peggy Arraiz
 
Case Initiated:  February 24, 2014 Type of Presentation:  Lien Reduction - RE-SCHEDULED
 
PREVIOUS OWNER:
Thomas Massoni (EST)
1609 Citrus Avenue
Ft. Pierce, FL 34950
CURRENT OWNER:
Moses H. Sellers, Gregory Sellers, Felicia Moss
104 N 40th Street
Ft. Pierce, FL 34947

Section(s): 5-73 House Numbers
Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 5-369 Vacant Buildings
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
a.
16-2152 2421 Avenue D New Global Holdings Inc Shaun Coss

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

OWNER:
New Global Holdings Inc.
215 SW 125th Ave
Davie, FL 33325 
OCCUPIED BY:
 

 

Section(s): 5-1.105.4.1.2 Expired Permit
Building Department Investigator Shaun Coss read the facts of the case.  Yaser Mahmoud was sworn in for testimony.  He said he had only been operating for a month and needed more time. He said he has submitted for the permits. 

Code Compliance Manager Margaret Arraiz expressed her concerns about them cooking and he said it would be stopped within the next day or so. He said the building department is the only ones who hasn't inspected; the fire and utilities has done so.
 

The Special Magistrate found that a violation does exist and that NEW GLOBAL HOLDINGS INC has committed or is responsible for the violations. She ordered that the violator has 30 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 $250.00 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.
16-2131 2110 Avenue G 2110 Avenue G Land Trust Shaun Coss

Case Initiated:  September 2, 2016 Type of Presentation: Regular

OWNER:
2110 Avenue G Land Trust
C/O Boca Real Estate Group LLC
7050 W Palmetto Park Rd. Suite 15-675
Boca Raton, FL 33433 
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 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.2.1 Smoke Alarms
BDI Coss read the facts of the case and presented photos which were marked as composite exhibit 1. 

Alexis Levinrad was sworn in.  He said his tenant had done the damage.  The tenant moved out before he was able to serve the eviction notice and he is also the person who reported the problems. He said most everything has been done but he was not aware of needing a permit for the HVAC.  Officer Coss said he would need to hire a licensed air-conditioning contractor to obtain the permit.

The Special Magistrate expressed her concerns about the officer being able to inspect the property.  She said as far as she could see it was unsafe and unfit and he had an obligation to his tenants to keep the property in a safe condition.  She ordered that he get the violations in compliance and to call the officer for an inspection when completed. 
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that 2110 AVENUE G LAND TRUST has committed or is responsible for the violations. She ordered that the violator(s) have 60 days in which 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 $200.00 per day will be assessed for each day the violation(s) continue 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.
16-1368 2506 S 30th St Khawand, Charbel & Jean Shaun Coss

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

OWNER:
Charbel & Jean Khawand
1402 236th Ave NE
Sammamish, WA 98074 
OCCUPIED BY:
 

 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate ordered that a violation does exist and that CHARBEL & JEAN KHAWAND 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 $50.00 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.

 
d.
16-0682 1031 S Indian River Dr. Koch(TR), Edward & Gayle Shaun Coss

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

OWNER:
Edward L Koch (TR) & Gayle A Koch (TR)
1031 S Indian River Dr.
Fort Pierce, FL 34950 
OCCUPIED BY:
 

 

Section(s): 5-318.101 Floodplain Development Permit Required
BDI Coss read the facts of the case and presented photos marked as composite exhibit 1.  He said the DEP has given their approval and they are waiting for the Army Corp of Engineers.  Edward and Gayle Koch were sworn in but did not testify, they confirmed what Officer Coss had said. Code Compliance Manager Arraiz recommended continuing the case.
 

Special Magistrate Ross continued the case until July 19.

 
e.
16-2105 2504 Orange Ave Cadenhead, Thomas Shaun Coss

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

OWNER:
Thomas Cadenhead & John F D Peterson
& Benjamin S Forkner III
C/O Thomas Cadenhead
3275 Lannie Rd.
Jacksonville, FL 32218 
OCCUPIED BY:
 



 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 605.4 Wiring
 

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)
 
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 Coss read the facts of the case and brought the Special Magistrate up to date. 

Patricia Shotto was sworn in.  She said she had purchased new windows and the permit has been applied for.  She is now waiting for it to be issued. Once the windows are installed she will call Mr. Coss to come and inspect.
 

The Special Magistrate ordered the case be continued until the permit has been closed out or the permit expires.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
OTHER CASES
 
a.
15-1083 604 Emil Drive Luna, Maria G. Ext of Time - Coss
 
Case Initiated: July 10, 2015 Type of Presentation: Extension of Time
 
OWNER:
Maria G. Luna
604 Emil Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
BDI Coss read the facts of the case and stated the facts were the same as case no. 15-1079.  No one was present to represent this case; therefore, he recommended extending this case 90 days also.
 

Special Magistrate Ross extended them an extra 90 days to allow the property owner to obtain the permit and comply to the conditions of the permit. She is to call for an inspection when corrections are completed. If not complied within this time period, the fines will begin.

 
b.
15-1079 504 Emil Drive Gansauer, Rosalind W Ext. of Time -  Coss
 
Case Initiated: July 10, 2015 Type of Presentation: Extension of Time
 
OWNER:
Rosalind W. Gansauer
504 Emil Drive
Ft. Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
BDI Coss read the facts of the case.  He said when the case was first initiated the installed windows did not meet the Florida Building Code.  A new Building Official was hired in November 2016 and he determined the windows did not need to be replaced but did need to have a permit issued.

Rosalind Gansauer was sworn in.  She said she did not know they had to have a permit for the windows and asked for more time.

BDI Coss recommended an extension of 90 days.
 

Special Magistrate Ross extended them an extra 90 days to allow the property owner to obtain the permit and comply to the conditions of the permit. She is to call for an inspection when corrections are completed. If not complied within this time period, the fines will begin.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting adjourned:
9:40 am.

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk




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