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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, FEBRUARY 15, 2017.
 
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
Isacc Saucedo - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-1857 1901 Orange Ave Elbakkari, Abdeljebbar Coss - COMPLIED
 
Case Initiated:  August 2, 2016 Type of Presentation: Regular
 
OWNER:
Abdeljebbar Elbakkari
1102 Kingswood Ln
Ft. Pierce, FL 34982 
OCCUPIED BY:


 

Section(s): 5-1.105.4.1.2 Expired Permit
 
2.
16-2844 1811 Plover Ave Wilk (TR), Stephen & Sandra Saucedo - CONTINUED
 
Case Initiated:  December 29, 2016 Type of Presentation:  Regular 
 
OWNER:
Stephen J Wilk(TR)
Sandra J Wilk(TR)
55 Sandalwood Cir
Tewksbury, MA 01876
Thomas Knowles
221 S Ocean Drive
Ft. Pierce, FL 34949

 

Section 22-22. (C) - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
a.
16-2852 600 S Ocean Dr.  Martin, David R Saucedo - R&D
 
Case Initiated:  December 29, 2016 Type of Presentation: Regular
 
OWNER:
David R Martin
600 S Ocean Dr. Apt A
Fort Pierce, Fl 34949
 
OCCUPIED BY:



 

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

The Special Magistrate found that violations listed on the summary sheet 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.

 
b.
16-2849 1128 Hernando St. Lieberman, Jacob & Janyce Saucedo - R&D
 
Case Initiated:  December 29, 2016 Type of Presentation: Regular 
 
OWNER:
Jacob Lieberman
Janyce R Lieberman
1034 Coral Dr.
Boynton Beach, Fl 33426
 
OCCUPIED BY:
 



 

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

The Special Magistrate found that violations listed on the summary sheet 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.

 
d.
16-2853 715 S Ocean Dr. J Keller, Ricky & Deborah Saucedo - R&D
 
Case Initiated:  December 29, 2016 Type of Presentation:  Regular
 
OWNER:
Ricky Keller
Deborah Keller
5036 State Road 52
Jeffersonville, NY 12748
OCCUPIED BY:
 


 

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

The Special Magistrate found that violations listed on the summary sheet 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.

 
e.
16-2847 1841 Gulfstream Ave Crincolli, Anthony M Isaac Saucedo

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

OWNER:
 Anthony M Crincolli
1841 Gulfstream Ave
Fort Pierce, Fl 34949
OCCUPIED BY:
 

 

Section  22-22. (C) - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
Code Enforcement Officer Isaac Saucedo read the facts of the case and presented documents advertising rental for less than 6 months (exhibit 1) and showing bookings for the property (exhibit 2). 
 
Anthony M Crincolli was sworn in for testimony.  Mr. Crincolli said he has ceased doing rentals, he removed the ads several weeks ago  and the people who are still living there are leaving in 2 weeks or less.

Code Compliance Manager Arraiz said the advertising is still up on the internet and he would have to make sure it was removed and the people were out before the violation could be complied.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Anthony M Crincolli 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 $1500.00 is to be assessed payable within 90 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated.

 
f.
16-2854 715 S Ocean Dr. M Chess, Margarita D Isaac Saucedo

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

OWNER:
Margarita D Chess
4180 N A1A Unit 401B
Fort Pierce, Fl 34949
OCCUPIED BY:
 

 

Sec. 22-22. (C) - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
Code Enforcement Officer Saucedo read the facts of the case and presented advertising documents (exhibit 1)  for short term rentals.
 
Margarita & David Chess were sworn in for testimony.  She said she removed the add and provided an email showing this.  She also said she had no renters in the unit and that Coldwell Bankers is helping her in obtaining her  conditional use permit.

Code Compliance Manager Arraiz confirmed that Staff is working with Coldwell Banker who is trying to help the people on the island.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Margarita D Chess 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 $50.00 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.

 
g.
16-2848 655 Hernando Ave Sacks, Robert & Deborah Isaac Saucedo

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

OWNER:
Robert Sacks
Deborah Sacks
404 Creekside Cir
Rutherforton, NC 28139
OCCUPIED BY:
 


 

Section  22-22. (C) - Allowed uses.
Section 9-27 (B) – Doing Business without a Tax
The Special Magistrate found that violations listed on the summary sheet 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.
 
h.
16-2208 907 Citrus Ave Mulgrew, Shane Coss - R&D
 
Case Initiated:  September 16, 2016 Type of Presentation: Regular
 
OWNER:
Shane Mulgrew
214 Southern Ave
Fort Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
                  IPMC 108.1.1 Unsafe Structure
                  IPMC 108.1.3 Structure Unfit for Human Occupancy
                  IPMC 304.13 Windows, Doors & Frames
                  IPMC 304.13.1 Glazing
                  IPMC 305.3 Interior Surfaces
                  IPMC 305.4 Walking Surfaces
                  IPMC 309.1 Infestation
                  IPMC 403.2 Bathrooms & Toilet Room Privacy
                  IPMC 504.1 Plumbing Fixtures
                  IPMC 506.2 Sanitary Drainage System Maintenance
                  IPMC 602.2 Residential Heat Supply
                  IPMC 605.1 Electrical Equipment
                  IPMC 6052 Electrical Receptacles
                  IPMC 704.2.1 Smoke Alarms
 

The Special Magistrate found that a violation does exist and that Shane Mulgrew has committed or is responsible for the violations. He 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/her decision in the Circuit Court of St. Lucie County.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
15-1542 2206 Avenue N Anglin, Alaric Shaun Coss

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

CURRENT OWNER:
Alma Anglin
1910 Juanita Avenue
Ft. Pierce, FL 34946
PREVIOUS OWNER:
Alaric Anglin
1910 Juanita Avenue
Ft. Pierce, FL 34946

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Window & Door Frames
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 604.3.2.1 Fire Damaged Electrical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 304.7 Roofs and Drainage
IPMC 704.1 Fire Protection Systems
Building Department Investigator Coss read the facts of the case.

Alma Anglin was sworn in.  She said she asked someone to come out and inspect the property.  She said her son Alaric originally had his name on the property.  When he rented it out the tenant tore up everything and moved out.  She is disabled and it took until March to get the repairs done.

Investigator Coss said this was on August 31, 2016.  She was told to call and make an appointment.  She originally asked for an evening inspection and was advised that it was not possible. She was again reminded at that time to schedule a day time appointment but it was not done.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $14,030.00 to $750.00 payable in 12 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.

 
B.
15-0351 308 N 19th Street Ceballo, Javier & Kenia Shaun Coss

Case Initiated:  February 23, 2015 Type of Presentation: Massey Hearing

OWNER:
Javier & Kenia Ceballo
1994 SE Floresta Drive
Port S. Lucie, FL 34983
OCCUPIED BY:


 

Section(s): 5.1.105.1 Permit Required
Investigator Coss read the facts of the case.  He said the property was vacant, had been vandalized; however, work has begun and a permit has been issued.  He recommended stopping the fines and giving them additional time to comply or the permit expires.

Kenia Ceballo and Javier Ceballo were sworn in.  They agreed that they were working on the violations but it has created a financial burden.  They are within a couple of months from finishing the corrections and getting an inspection.
 

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 property owner to correct the violations or until the permit expires. 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.
15-1246 2808 Avenue I Lane, White, & Foxx Shaun Coss

Case Initiated:  July 30, 2015 Type of Presentation: Massey Hearing

OWNER:
Billy Lane, Pamela White, Derek Foxx
2808 Avenue I
Ft. Pierce, FL 34947
OCCUPIED BY


 

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

Billy Lane was sworn in.  He said this was his deceased mother's house and he didn't know he needed to have a permit to put a window unit back in. He had surgery and has been out of work for a year.  
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $15,530.00 to $675.00 payable in 12 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.
15-0401

 
1010 Boston Avenue

 
Samuells, William R &
Samuels, William C
 
Shaun Coss

 

Case Initiated:  March 3, 2015 Type of Presentation: Massey

OWNER:
William R. Samuells & William C. Samuels
1010 Boston Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Investigator Coss read the facts of the case.  He said nothing has changed since the last Massey meeting.  He has had no contact with the property owner.  Mr. Samuells said in the past that he wasn't going to do anything because he is dying of cancer and his son is in the military overseas. Staff has found no evidence that he has passed on.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing and try to locate the owner or his son.

 
E.
15-0962 1204 N 17th Street Rent 2 Own Guys LLC Shaun Coss

Case Initiated:  June 22, 2015 Type of Presentation: Massey

OWNER:
Rent 2 Own Guys LLC
10380 SW Village Center Drive 182
Port St. Lucie, FL 34987
OCCUPIED BY:


 

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

Roderick Waller, representing the property owners, was sworn in and said they agreed to the settlement. 
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $6,630.00 to $2,000.00 payable in 30 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.

 
F.
15-1543 1204 N 17th Street Rent 2 Own Guys LLC Shaun Coss

Case Initiated: June 22, 2015 Type of Presentation: Massey

OWNER:
Rent 2 Own Guys LLC
10380 SW Village Center Drive 182
Port St. Lucie, FL 34987
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 304.7 Roofs and Drainage
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
Investigator Coss read the facts of the case and said it was the same as the previous case.

Roderick Waller, representing the property owners, was sworn in and said they agreed to the settlement. 
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $9,130.00 to $2,000.00 payable in 30 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.

 
G.
16-0174 131 N 15th Street Teneyck, Jane A Mike Morabito
Case Initiated: January 20, 2016 Type of Presentation: Massey Hearing
Code Compliance Manager Arraiz read the facts of the case. This case was not on the agenda; however, Mrs. Ten Eyck Bazan was there ready for the hearing.  Staff proceeded to present the case. Photos were presented and marked as Exhibit 1. She said this was a part of the "nuisance abatement process" and when a property owner wanted to appeal the charges they had to present there case to the Special Magistrate or Code Enforcement Board.

Jane Ann Ten Eyck Bazan was sworn in.  She said she was financially unable to afford for anyone to do the work.  She presented her financial statement and said she had filed for bankruptcy.  She said when her husband is able to do so he mows and maintains the property. She knew it was a nuisance and the police have even contacted her about the property.  

Assistant City Attorney Mosley asked when the bankruptcy was filed and Mrs. Bazan said January 27, 2017.  It was still going through the process and she wouldn't know anything for several weeks.  She gave Staff the name of the attorney.  

Mrs. Arraiz recommended continuing the case until the next hearing  and allow Assistant City Attorney Mosley time to contact the bankruptcy attorney prior to the rescheduled date. Due to Mrs. Bazan's medical past she would not have to attend the meeting.
 

Special Magistrate continued this case for 30 days and told the property owner that she did not have to show up. She warned Mrs. Ten Eyck Bazan to keep the property boarded up and maintained including mowing.

 
H.
16-0175 131 N 15th Street Teneyck, Jane A Mike Morabito
Case Initiated January 20, 2016 Type of Presentation: Massey Hearing

This case was presented at the same time as previous case.

Code Compliance Manager Arraiz read the facts of the case. This case was not on the agenda; however, Mrs. Ten Eyck Bazan was there ready for the hearing.  Staff proceeded to present the case. Photos were presented and marked as Exhibit 1. She said this was a part of the "nuisance abatement process" and when a property owner wanted to appeal the charges they had to present there case to the Special Magistrate or Code Enforcement Board.

Jane Ann Ten Eyck Bazan was sworn in.  She said she was financially unable to afford for anyone to do the work.  She presented her financial statement and said she had filed for bankruptcy.  She said when her husband is able to do so he mows and maintains the property. She knew it was a nuisance and the police have even contacted her about the property.  

Assistant City Attorney Mosley asked when the bankruptcy was filed and Mrs. Bazan said January 27, 2017.  It was still going through the process and she wouldn't know anything for several weeks.  She gave Staff the name of the attorney.  

Mrs. Arraiz recommended continuing the case until the next hearing  and allow Assistant City Attorney Mosley time to contact the bankruptcy attorney prior to the rescheduled date. Due to Mrs. Bazan's medical past she would not have to attend the meeting.
 

Special Magistrate continued this case for 30 days and told the property owner that she did not have to show up. She warned Mrs. Ten Eyck Bazan to keep the property boarded up and maintained including mowing.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
14-0402 1609 Citrus Avenue Massoni, Thomas (Est) Peggy Arraiz

Case Initiated:  February 24, 2014 Type of Presentation:  Lien Reduction

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
Code Compliance Manager Arraiz said there was no one there to represent the owner; therefore, Staff recommended continuing the case until the next hearing date.
 

Special Magistrate continued the case until the next hearing date, March 15.

 
7.
OTHER CASES
 
a.
16-0600 1217 N 22nd Street Phillips, James M & Wanda Shaun Coss

Case Initiated:  March 17, 2016 Type of Presentation: Extension of Time

ADDRESS: (Property Card)
James M & Wanda M Phillips
169 Barefoot CV
Hypoluxo, FL 33462


 
ADDRESS: (Naviline)
James M & Wanda Phillips
169 Barefoot CV
Lantana, FL 33462
 

 

Section(s): 5-1.105.1 Permit Required.
Investigator Coss read the facts of the case.  He said the permit has been ready since February 10 but they have not picked it up yet.  He recommended continuing the case for 30 days.
 

The Special Magistrate continued the case for 30 days to give the property owner time to pick up the permit and comply to the conditions of the permit.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Adjourned 10:31 AM.
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk