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Minutes for Special Magistrate Ross 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 15, 2017.
 
1.
CALL TO ORDER:
9:04 am
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Isaac Saucedo - Code Enforcement Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-0219 127 N 2nd Street Cascio, Nick COMPLIED
 
Case Initiated:  February 7, 2017 Type of Presentation:  Parking Citation
 
OWNER:
Nick Cascio
1401 SW Devera Avenue
Pt. St. Lucie, FL 34953		 OCCUPIED BY:


 

Section(s) 10-23 Parking Regulations
View Agenda Item
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
b.
16-2858
 		 1103 S Ocean Dr. 
 		 Joseph, Stephanne
Moise, Berthold		 Isaac Saucedo
R&D
 
Case Initiated:  December 29. 2016 Type of Presentation:  Regular
 
OWNER:
Stephanne Joseph
Berthold Moise
12858 SW 49th Ct
Miramar, Fl 33027		 OCCUPIED BY:
Thomas Knowles
221 S Ocean Drive
Ft. Pierce, FL 34949
 

Section(s): 22-22. (C) - Allowed uses.
Section(s):  9-27 (B) – Doing Business without a Tax
View Agenda Item
 

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.

 
c.
16-2844 1811 Plover Ave Wilk (TR), Stephen & Sandra Isaac Saucedo

Case Initiated:  December 29, 2016 Type of Presentation:  Regular - R&D

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
View Agenda Item
 

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.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
a.
15-1197 1303 Florida Avenue Garcia, Jose A & Maria E. Shaun Coss

Case Initiated:  July 27, 2015 Type of Presentation: Massey

OWNER:
Jose A. & Maria E. Garcia
1807 Hudson Drive
Rockledge, FL 32955		 OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
View Agenda Item
Code Compliance Manager Arraiz read the facts of the case. Building Department Investigator Coss is out today.  He recommends stopping the fines and allow Mr. Garcia time to close the permit.  If not done by the expiration date the fines should start again and a lien recorded.

Jose A. Garcia and his cousin Jose P Garcia were sworn in.  They agreed to these terms.
 

Special Magistrate stopped the fines from accruing and allowed time for the permit to close and comply with all permit conditions.

After the violations are in compliance and an inspection has been performed by the City of Ft. Pierce Building Department, Staff will reschedule a hearing for the reduction/rescindment of the accrued fines.

If the permit expires the fines will be restarted and a lien recorded.

 
b.
16-0566 702 Dundas Court Bridges, Andrew Isaac Saucedo

Case Initiated:  February 29, 2016 Type of Presentation: Massey

OWNER:
Andrew Bridges, Wanda Bridges, & Sarah Johnson
1111 Avenue G
Ft. Pierce, FL 34950		 OCCUPIED BY:
Tenant
702 Dundas Court
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (10) (D) Non-Operable Vehicles
View Agenda Item
Code Officer Isaac Saucedo read the facts of the case and presented photos which were marked as Exhibit 1 & 2.

Andrew Bridges was sworn in.  He said at the time the violations were issued his mother had recently passed away and there was a lot of confusion. He is not currently working and needs more time.  He said another week should do it to obtain the registration and insurance.

Officer Saucedo recommended stopping the fines and continuing the case until the next hearing date which would be April 19.  
 

Special Magistrate stopped the fines from accruing and extended 30 days to obtain the registration and insurance.

After the violations are in compliance and an inspection has been performed by the code officer, Staff will reschedule a hearing for the reduction/rescindment of the accrued fines. If the violation has not been corrected within the 30 day time period the fines will restart and a lien recorded.

 
c.
16-0174 131 N 15th Street Teneyck, Jane A Peggy Arraiz

Case Initiated: January 20, 2016 Type of Presentation: Massey (rescheduled)

OWNER:
Jane Ann Ten Eyck Bazan
5380 NW Dell Court
St. Lucie West, FL 34986		 OCCUPIED BY:


 

Section(s): 5-369 Vacant Buildings
Section(s): 16-46, 16-47, 16-48 (1) (5) (7)(15) Nuisance as a Condition
View Agenda Item
Code Compliance Manager Arraiz said Assistant City Attorney Mosley has confirmed there is a bankruptcy.  Mrs. Bazan called earlier this morning and told Staff a creditors meeting was scheduled for March 21.  Mrs. Moseley has said she will attend this meeting. Staff recommend continuing the case for another month.
 

Special Magistrate continued the case until the next hearing date, April 19.

 
d.
16-0175 131 N 15th Street Teneyck, Jane A Peggy Arraiz

Case Initiated:  January 20, 2016 Type of Presentation:  Massey (rescheduled)

OWNER:
Jane Ann Ten Eyck Bazan
 5380 NW Dell Court
St. Lucie West, FL 34986		 OCCUPIED BY:


 

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Nuisance as a Condition
View Agenda Item
Code Compliance Manager Arraiz said Assistant City Attorney Mosley has confirmed there is a pending bankruptcy.  Mrs. Bazan called earlier this morning and told Staff a creditors meeting was scheduled for March 21.  Mrs. Moseley has said she will attend this meeting. Recommend continuing the case for another month.
 

Special Magistrate continued the case until the next hearing date, April 19.

 
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
View Agenda Item
Mrs. Arraiz said this is the second time Staff has scheduled the request and no one has attended.  Recommended closing the case and letting the current owner reapply for the reduction.
 

Special Magistrate agreed and discontinued the request for the time being.

 
7.
OTHER CASES
 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Adjourned: 9:20 am
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk