MINUTES OF A REGULAR MEETING OF THE SPECIAL MAGISTRATE OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE 2ND FLOOR CONFERENCE ROOM OF CITY HALL, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 9:00 A.M. ON WEDNESDAY, FEBRUARY 1, 2017.
1.
CALL TO ORDER:
9:10 A.M.
9:10 A.M.
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Shaun Coss - Building Department Investigator
Margaret Arraiz - Code Compliance Manager
Shaun Coss - Building Department Investigator
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 16-2376 | 3227 S US Highway 1 | FKK Enterprises, Inc. | Saucedo - COMPLIED |
| Case Initiated: | October 12, 2016 | Type of Presentation: | Regular - Cont. from 1/4/17 |
| OWNER: FKK Enterprises Inc 5350 E Silver Springs Blvd Silver Springs, Fl 34488 |
OCCUPIED BY: Citgo Of Fort Pierce Inc 3227 S Us Hwy 1 Fort Pierce Fl,34982 |
Section 5-368 (6) – Fence Maintenance
Section 22-187 (13) – Landscape Maintenance
2.
| 16-2143 | 907 (911) N 13th St. | Love Center Regeneration Mini | Coss - CONTINUED |
| Case Initiated: | September 7, 2016 | Type of Presentation: | Regular |
| OWNER: Love Center Regeneration Ministries, Inc. PO Box 2384 Ft. Pierce, FL 34954 |
OCCUPIED BY: |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.7 Roofs and Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 403.2 Bathrooms and Toilet Rooms Ventilation
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 605.1 Electrical Equipment
IPMC 704.2.1 Smoke Alarms
3.
| 16-2142 | 1503 Edgewood Terr #B | Richardson Sr, Calvin | Coss - COMPLIED |
| Case Initiated: | September 7, 2016 | Type of Presentation: | Regular |
| OWNER: Calvin Richardson Sr. 720 Delaware Ave #G Fort Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Windows & Doors
IPMC 304.13.1 Glazing
IPMC 304.15 Exterior Doors
IPMC 504.1 Plumbing Fixtures
IPMC 505.1 Water System
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 704.2.1 Smoke Alarms
4.
| 16-0600 | 1217 N 22nd Street | Phillips, James M & Wanda | Coss- RESCHEDULED |
| Case Initiated: | March 17, 2016 | Type of Presentation: | Extension of Time |
| OWNER: James & Wanda Phillips 169 Barefoot Cove Hypoluxo, FL 33462 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required.
4.
PUBLIC HEARINGS - VIOLATION CASES
b.
| 16-2324 | 1604 Avenue K Unit B | Gibbs, Queen | Shaun Coss |
| Case Initiated: | October 11, 2016 | Type of Presentation: | Regular |
| OWNER: Queen Gibbs 1604 Avenue K Fort Pierce, FL 34950 |
OTHER: Queen Gibbs 2506 Avenue J Fort Pierce, FL 34950 |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
IPMC 305.4 Walking Surfaces
Building Department Investigator Shaun Coss read the facts of the case and presented photos that were marked as composit exhibit 1.
Queen Gibbs was sworn in. She agreed to the violations but said the tenant was responsible for most of the damage. The tenant has now been evicted and she can get the work done.
Officer Coss recommended 60 days to comply or a fine of $100.00 per day be assessed. He also said they do not need a permit to get any of these violations corrected.
Code Compliance Manager Arraiz reminded Ms. Gibbs that Officer Coss would need access to the inside of building in order for him to inspect and comply the violations.
Queen Gibbs was sworn in. She agreed to the violations but said the tenant was responsible for most of the damage. The tenant has now been evicted and she can get the work done.
Officer Coss recommended 60 days to comply or a fine of $100.00 per day be assessed. He also said they do not need a permit to get any of these violations corrected.
Code Compliance Manager Arraiz reminded Ms. Gibbs that Officer Coss would need access to the inside of building in order for him to inspect and comply the violations.
Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Queen Gibbs has committed or is responsible for the violations. He ordered that the violator has 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 $100.00 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 his decision in the Circuit Court of St. Lucie County.
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
a.
| 15-0643 | 1204 N 25th Street | Drummond, Kenneth L | Shaun Coss |
| Case Initiated: | April 23, 2015 | Type of Presentation: | Massey |
| PREVIOUS OWNER: Kenneth L & Patricia A Drummond 4900 Matanzas Avenue Ft. Pierce, FL 34946 |
CURRENT OWNERS: Tax Card: David Edwards, LeRoy Campbell, Walford Campbell 1880 NW 140th Terrace Pembroke Pines, FL 33028-2845 Request From: 6153 N.W. Gatun Drive Port St. Lucie, FL 34986 |
Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-368 Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13.2 Openable Windows
IPMC 304.14 Insect Screens
IPMC 304.15 Exterior Doors
IPMC 404.7 Food Preparation
IPMC 502.1 Required Facilities
IPMC 503.1 Toilet Room Privacy
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.3 Luminaries
IPMC 605.4 Wiring
IPMC 704.1 Fire Protection Systems
IPMC 604.3.2.1 Fire Damaged Electrical Equipment
Building Department Investigator Coss read the facts of the case for both cases. He said the current property owners have applied for the permit but it has not been issued. Staff recommends stopping the fines to allow them to obtain the permit and bring the property into compliance.
David Edwards was sworn in. He was in agreement to continuing to correct the violations. He asked the Special Magistrate stop the fines and not to record a lien at this time.
David Edwards was sworn in. He was in agreement to continuing to correct the violations. He asked the Special Magistrate stop the fines and not to record a lien at this time.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing to allow the 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.
b.
| 15-1339 | 1204 N 25th Street | Drummond, Kenneth L | Shaun Coss |
| Case Initiated: | August 12, 2015 | Type of Presentation: | Massey |
| OWNER: Kenneth L & Patricia A Drummond 4900 Matanzas Avenue Ft. Pierce, FL 34946 |
CURRENT OWNERS: Tax Card: David Edwards, LeRoy Campbell, Walford Campbell 1880 NW 140th Terrace Pembroke Pines, FL 33028-2845 Request From: 6153 N.W. Gatun Drive Port St. Lucie, FL 34986 |
Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case for both cases. He said the current property owners have applied for the permit but it has not been issued. Staff recommends stopping the fines to allow them to obtain the permit and bring the property into compliance.
David Edwards was sworn in. He was in agreement to continuing to correct the violations. He asked the Special Magistrate stop the fines and not to record a lien at this time.
David Edwards was sworn in. He was in agreement to continuing to correct the violations. He asked the Special Magistrate stop the fines and not to record a lien at this time.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing to allow the 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.
c.
| 15-0622 | 416 Cedar Place | Scott, Joy A (TR) & Leach, Joy S | Shaun Coss |
| Case Initiated: | April 20, 2015 | Type of Presentation: | Massey - Cont. from 1/4/17 |
| 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
Building Department Investigator Coss read the facts of the case and recommended reducing the fine to the administrative costs of $1,685.26.
Code Compliance Manager Arraiz explained that the department follows the state statute as far as notifying the property owner of the violations. The notification is sent certified mail to the property owner and by regular mail. If we don't receive a signed green card back staff will post the property. The violations did not get corrected so the fines began. Prior to recording a lien on the property she remembered Ms. Scott had a business and instructed Staff to send a notice to the business address. This is when we heard from Ms. Scott through her attorney.
Officer Coss said the property is now in compliance.
Joy Abu Qare aka Joy Scott was sworn in. She questioned the posting of the property. Officer Coss said the pictures showing the posting was available for her to look at. She said the tenant did the damage and then he was the one who filed the complaint.
Code Compliance Manager Arraiz explained that the department follows the state statute as far as notifying the property owner of the violations. The notification is sent certified mail to the property owner and by regular mail. If we don't receive a signed green card back staff will post the property. The violations did not get corrected so the fines began. Prior to recording a lien on the property she remembered Ms. Scott had a business and instructed Staff to send a notice to the business address. This is when we heard from Ms. Scott through her attorney.
Officer Coss said the property is now in compliance.
Joy Abu Qare aka Joy Scott was sworn in. She questioned the posting of the property. Officer Coss said the pictures showing the posting was available for her to look at. She said the tenant did the damage and then he was the one who filed the complaint.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $27,520.00 to $1,600.00 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.
d.
| 16-0324 | 505 S 8th Street | White, Gary & Lisa | Shaun Coss |
| Case Initiated: | February 4, 2016 | Type of Presentation: | Massey - Cont 12/7/2016 |
| OWNER: Gary & Lisa White 1250 Shinn Road Ft. Pierce, FL 349456 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required.
Building Investigator Coss read the facts of the case. He said he has had no contact with Mr. and Mrs. White since the last meeting. Staff was recommending that Special Magistrate start the fines again and issue an order to record the lien.
The Special Magistrate heard the facts presented and ordered the fines be restarted as of this date February 1 and a lien was to be recorded. Mr. White has 20 days to appeal his decision.
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
a.
| 02-8950 | 1509 Faber Court | Hall, Helen | Peggy Arraiz |
| Case Initiated: | December 8, 2000 | Type of Presentation: | Lien Reduction |
| PREVIOUS OWNER: Helen Hall 1509 Faber Court Ft. Pierce, FL 34949 |
CURRENT OWNER: Florida Beach & Golf Retreats LLC 7128 Maidstone Drive Port St. Lucie, FL 34986 |
Section(s): 16-48 (10) (D) Non-Operative Vehicle
Section(s): 16-48 (1) (5) Outside Storage
Section: 5-368 Property Maintenance
Code Compliance Manager Arraiz read the facts of the case. She said the property sold for $170,000.00 and Staff would not agree to the rescindment or a reduction. She recommended $1,600.00 payable in 30 days.
Attorney Richard Sneed was present representing Helen Hall. He said Mrs. Hall's son, John Arena, was responsible for the violation. He presented the "Acknowledgement of Compliance" of the Order of Violation and stated this was acknowledging the order was in compliance.
Mrs. Arraiz said this was an acknowledgement that the violations were in compliance and if he read the 3rd paragraph of the order he would see that compliance stops the accrual of fines but does not release the lien and the lien is viable for 20 years. She said Staff would be agreeable to splitting the fines but the City Commission would have to approve it.
Attorney Richard Sneed was present representing Helen Hall. He said Mrs. Hall's son, John Arena, was responsible for the violation. He presented the "Acknowledgement of Compliance" of the Order of Violation and stated this was acknowledging the order was in compliance.
Mrs. Arraiz said this was an acknowledgement that the violations were in compliance and if he read the 3rd paragraph of the order he would see that compliance stops the accrual of fines but does not release the lien and the lien is viable for 20 years. She said Staff would be agreeable to splitting the fines but the City Commission would have to approve it.
Special Magistrate reviewed the 7 criteria required by Rule 17 and would recommend to the City Commission to reduce the lien from $3,200.00 to $1,600.00 payable in 30 days. If not paid within that time the lien would revert back to its original amount.
7.
OTHER CASES
8.
NEW BUSINESS
9.
OLD BUSINESS
Adjourned: 10:10 A.M.
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk