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Minutes for Special Magistrate Blandino Hearing

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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, MARCH 1, 2017.
 
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
Heather Debevec - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-0238 1712 Orange Avenue Givens LLC Vanderhorst - PULLED
 
Case Initiated:  February 9, 2017 Type of Presentation: Repeat 
 
OWNER:
Givens LLC
9340 81st Place
Vero Beach, FL 32967		 OCCUPIED BY:
Family Dollar
1712 Orange Avenue
 Ft. Pierce, FL 32967
 
OWNER:
Family Dollar Store of FL LLC #5616
500 Volvo Parkway
Chesapeake, VA 23320
 

Section 16-46, 16-47, 16-48 (17) (18) – Nuisance as a Condition
Section 16-46, 16-47, 16-48 (5) – Nuisance as an Object 
Section 5-368 - Property Maintenance
Sec 5-371- Exterior Areas
 
View Agenda Item
 
2.
16-2470 3008 Hibiscus Ave Cason, Ronald Coss - COMPLIED
 
Case Initiated:  October 19, 2016 Type of Presentation: Regular
 
OWNER:
Ronald Cason
PO Box 1736
Ft. Pierce, FL 34954		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
16-2237
 		 701 Quincy Avenue
 		 Dantilus, Jean
C/O Dentilus, Caricia 		 Avery - STIPULATION
 
 
Case Initiated: September 30, 2016  Type of Presentation: Regular 
 
OWNER:
Jean Dantilus
C/O Caricia Dentilus
701 Quincy Avenue
Fort Pierce, FL 34950		 OCCUPIED BY:



 

Section(s) 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s) 5-73 – House Numbers
Section(s) 5-368 (1)(3)(4) - Property Maintenance 
View Agenda Item
Mr. Dantilus signed a Stipulation giving him until April 2, 2017 (30 days) to remove all miscellaneous items being stored in yard.  If not complied by this date a penalty of $75.00 for each day the violation(s) continue past that date will be assessed.
 
B.
17-0105 108 N Depot Dr Bachman, Roxanne Heather Debevec

Case Initiated:  January 24, 2017 Type of Presentation: Parking Citation

OWNER:
Roxanne Bachman
5513 Paleo Pines Cir
Fort Pierce, Fl 34951		 OCCUPIED BY:


 

Section(s) 10-23  Parking Regulation 
View Agenda Item
Code Enforcement Officer Debevec read the facts of the case and presented photos that were marked as Exhibit 1 showing the 2 hr parking signs.

Roxanne Bachman was sworn in for testimony.  She presented photos showing the southern end is not marked as 2 hr parking. She said she operates a business downtown and she has parked there forever.  She said it would have been nice to be notified earlier that the 2 hr parking was being enforced again.

Code Compliance Manager Arraiz said they notified all store owners months ago and they were not required to advertise every parking spot whether it is 2 hr parking or not.  She said the City would recommend to waive the administrative fees 
 

The Special Magistrate ordered the administrative fees of $18.00 be waived and the violator, Roxanne Bachman, was to pay a fine in the amount of $25.00. In the event the fine is not paid within 30 days after the date of the Order, the Order may be recorded in the Public Records of the St. Lucie County and shall constitute notice to and be binding upon the violator.

 
C.
16-2070 2910 Sunrise Blvd. Branch Banking & Trust Company Shaun Coss

Case Initiated:  August 24, 2016 Type of Presentation: Regular

OWNER: 
Branch Banking & Trust Company
PO Box 2027
Greenville, SC 29602
 		 OTHER:
C T Corporation System
Agent for Branch Banking & Trust Company
2 Office Park Court, Suite 103
Columbia, SC 29223

Section(s): 5-1.105.1 Permit Required
View Agenda Item
Building Department Investigator Coss read the facts of the case and presented photos that were marked as composite exhibit 1.  He said he had met with the attorney prior to the hearing and they were in agreement to giving them 60 days to comply or a fine of $100.00 a day would be assessed.

Isam J. Alsafeer of Phelan Hallinan Diamond & Jones PLLC agreed to this recommendation.
 

Special Magistrate Blandino found that the violation(s) listed on the summary sheet do exist and that Branch Banking & Trust Company has committed or is responsible for the violations. He ordered that the violator(s) have 60 days in which to obtain a permit and comply to all conditions of the permit. 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(s) 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.

 
D.
16-2320 511 N 22nd St. Howard, Oscar Shaun Coss

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

OWNER:
Oscar Howard
511 N 22nd St.
Fort Pierce, FL 34950 		 OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 108.1 Unsafe Structure
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 304.13.2 Openable Windows
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 403.2 Bathrooms & Toilet Room Ventilation
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 603.1 Mechanical Equipment
IPMC 704.2.1 Smoke Alarms
View Agenda Item
Building Department Investigator Coss read the facts of the case and presented photos that were marked as composite Exhibit 1.  He said that if the people who are residing in the house leaves, it would no longer be considered a boarding house.

Oscar Howard was sworn in for testimony.  He said he would evict the boarders and agreed this would be done within the recommended 60 days.  
 

The Special Magistrate found that a violation does exist and that Oscar Howard 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 decision in the Circuit Court of St. Lucie County.

 
F.
16-0525 2551 Peters Rd. JPD Enterprises of Florida LLC Shaun Coss

Case Initiated:  February 24, 2016 Type of Presentation: Regular

OWNER:
JPD Enterprises of Florida LLC
2705 Peters Rd.
Fort Pierce, FL 34945 		 OCCUPIED BY:

 
 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
Building Department Investigator Coss read the facts of the case.  He said the property owner is a contractor and they talked prior to the hearing.  He is in agreement to  90 days or $100.00 per day be assessed.
 

The Special Magistrate found that a violation does exist and that JPD Enterprises of Florida LLC 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.

 
G.
16-1443 2510 S Ocean Dr. Aljen Inc Shaun Coss

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

OWNER:
Aljen Inc
1424 SE McArthur Blvd.
Stuart, FL 34996		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
                 5-1.105.4.1.2 Expired Permit
View Agenda Item
Building Department Investigator Coss read the facts of the case.  He said the owner Karen Poller is in litigation over another piece of property. They have been making progress but its been a slow process due to finances.  The complaints had come from residents of Ocean Village and the property in question is the old gas station just below them.  This is about permits that were issued in 2009 and 2013; there was no final inspection on them.

Karen Poller was sworn in.  She said the work has been done and she didn't know they had to have a final inspection.  But she has renewed the permit and would get the electrical issue taken care of also.  She would then obtain the final inspection.  

Officer Coss recommended continuing this case for 90 days.
 

The Special Magistrate continued this case for 90 days and said they would revisit on June 7.

 
H.
16-2143 907 (911) N 13th St. Love Center Regeneration Mini Shaun Coss

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
View Agenda Item
 

Special Magistrate found 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.
15-1900 1004 Texas Court Saeed, Ghazanfar Shaun Coss

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

OWNER:
Ghazanfar Saeed & Muhammad Afzal
5201 Paleo Pines Circle
Ft. Pierce, FL 34951		 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 304.1- Exterior Structure
IPMC 304.7- Roofs and Drainage
IPMC 304.13- Windows, Doors and Frames
IPMC 304.13.2- Openable Windows
IPMC 304.14- Insect Screens
IPMC 305.3- Interior Surfaces
IPMC 504.1- Plumbing Fixtures
IPMC 603.1- Mechanical Equipment
IPMC 605.1- Electrical Equipment
IPMC 605.2- Electrical Receptacles
IPMC 605.4- Wiring
IPMC 704.2- Smoke Alarms
View Agenda Item
Building Department Investigator read the facts of the case.  He said the back part of the structure was not occupied and that 85% of the violations were taken care of.  He recommended stopping the fines as of 2/3/2017 when the permit was issued and allow them time to close it out and get the final inspection.

Ghazanfar Saeed affirmed that he was in agreement to this recommendation.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing as of 2/3/2017 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.

 
B.
15-0562 4507 S US Highway 1 St. Lucie Automotive Coss - RESCHEDULED
 
Case Initiated: April 9, 2015 Type of Presentation: Massey
 
OWNER:
St. Lucie Automotive Properties
4950 Pocatella Avenue
North Port, FL 34287		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
OTHER CASES
 
A.
15-1909 418 N 13th Street Dominguez, Maria & Risco, Anthony Shaun Coss

Case Initiated:  October 23, 2015 Type of Presentation: Extension of Time

PREVIOUS ADDRESS:
Maria Dominguez & Antonio Risco
611 Maple Avenue
Ft. Pierce, FL 34982		 CURRENT ADDRESS:
Maria Dominguez & Antonio Risco
418 N 13th Street
Ft. Pierce, FL 34950

Section(s): 5.1.105.1 Permit Required.
View Agenda Item
Building Department Investigator Coss read the facts of the case.  He said the notices were sent to a previous address and the owners have just learned of the violation.  He recommended removing the fines and allowing them 90 days to apply for the certificate of appropriateness and go before the Historic Preservation Board.

There was no one present to testify.
 


The Special Magistrate ordered the fines be removed and grant a 90 extension allowing the respondent time to apply for a certificate of appropriateness and go before the Historic Preservation Board. The recording fees will remain.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Adjourned 9:45 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk