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Minutes for Special Magistrate Blandino 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, APRIL 5, 2017.
 
1.
CALL TO ORDER:
Meeting was called to order at 9:00 am.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS:
There is no audio recording for this meeting.
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Enforcement Manager
Isaac Saucedo - Code Enforcem
ent Officer
Heather Debevec - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-0111 130 N Depot Dr Gallagher, John Heather Debevec
 
Case Initiated:  January 24, 2017 Type of Presentation: Parking Citation
 
OWNER:
John Gallagher
PARKING CITATION
OCCUPIED BY:

 

Section(s) 10-23 Parking Regulations
 
2.
17-0264 100 N Indian River Dr Keltner, Nichilas Heather Debevec
Vince Alesi
 
Case Initiated:  February 9, 2017 Type of Presentation: Parking Citation
 
OWNER:
Nicholas Keltner
OCCUPIED BY:
 

Section(s) 10-23 Parking Regulation
 
3.
17-0124 2024 Golfview Ct Aventino Properties Corp Isaac Saucedo
 
Case Initiated:  January 30, 2017 Type of Presentation:  Regular
 
OWNER:
Aventino Properties Corp
219 Garden Ave
Fort Pierce, Fl 34982
OCCUPIED BY:
Alex F Velasquez Ochoa
2024 Golfview Ct.
Fort Pierce, Fl 34950

Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
Section(s): 5-368 - Property Maintenance
Section(s): 22-187 (13) – Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
 
4.
16-2355 1117 S 7th St. Strickland, La Toya Shaun Coss
 
Case Initiated:  December 2, 2016 Type of Presentation:  Regular
 
OWNER:
La Toya Strickland
1117 S 7th St.
Ft Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
5.
15-1031 2001 Orange Ave Wymer, Richard D Shaun Coss
 
Case Initiated:  July 7, 2015 Type of Presentation: Regular - Pulled
 
OWNER:
Richard D Wymer
6675 NE 224th St.
Okeechobee, FL 34972 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
a.
17-0108 130 N Depot Dr Weiner, Samantha Heather Debevec

Case Initiated:  January 25, 2017 Type of Presentation: Parking Citation

OWNER:
Samantha Weiner
PARKING CITATION
OCCUPIED BY:

 

Section(s) 10-23 Parking Regulation
 

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 pay the amount on the citation plus $10.00 administrative fees and $18.00 late fees.

 
d.
17-0112 140 N Depot Dr Davenport, Shannon Heather Debevec

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

OWNER:
Shannon Davenport
PARKING CITATION
OCCUPIED BY:

 

Section(s) 10-23 Parking Regulations
 

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 pay the amount on the citation plus $10.00 administrative fees and $18.00 late fees.

 
e.
17-0250 1405 Avenue F White, Theodore & Betty Isaac Saucedo

Case Initiated:  February 10, 2017 Type of Presentation: Regular

OWNER:
Theodore White
Betty White
2804 Sheraton Blvd
Fort Pierce, Fl 34946
OCCUPIED BY:
 


 

Section(s):  5-368 (6) – Fence Maintenance
Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
Code Enforcement Officer Isaac Saucedo read the facts of the case and presented photos that were marked as composite exhibit 1.

Deacon Randolf Scott was sworn in for testimony.  He said the fence has been removed and presented photos.  He said he has not spoke to anyone from the city.

Officer Saucedo said the poles are still there and the deed is in the White's name.  He said the debris and the fence is now gone.

Betty Jean White was sworn in and she said Paul Bertram, the Urban Forrester, said the tree was fine
 

Motion was made by Frank M. Blandino Special Magistrate Blandino found that the violation(s) listed on the summary sheet does exist and that Theodore and Betty White have committed or are responsible for the violations. He ordered that the violator(s) have 10 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(s) 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.
 

 
h.
16-2137 3034 Sunrise Blvd. Garcia, Juan Shaun Coss

Case Initiated:  September 7, 2016 Type of Presentation: Regular

OWNER:
Juan Garcia
2424 Manatee Ave.
Bradenton, FL 34208 
OCCUPIED BY:


 

Section(s): 5-1.105.4.1.2 Expired Permit
 

Special Magistrate ordered that a violation does exist and that the violator(s) who are not present has committed or is responsible for the violations. He ordered that the violator be given 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.

 
j.
15-1420 406 Decordre Ct. Castor, Simon Shaun Coss

Case Initiated:  August 25, 2015 Type of Presentation: Regular

OWNER:
Simon Castor
207 Dixieland Dr
Ft Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate ordered that a violation does exist and that the violator(s) who are not present has committed or is responsible for the violations. He ordered that the violator be given 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.

 
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
a.
15-0562 4507 S US Highway 1 St. Lucie Automotive Shaun Coss

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
Building Department Investigator Shaun Coss read the facts of the case.  He stated there was an address issue at the property appraiser's office and the violator had not received the correspondence sent to him.

Dave Memon was sworn in for testimony.  He said he was getting the mailing address corrected with the SLC Property Appraiser's office and that he agreed to the reduced fine offer.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $31,630.00 to $1,739.56 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.

 
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
7.
OTHER CASES
 
0.
05-1201 1635 Thumb Point Drive Culverhouse, John B and Susan Peggy Arraiz
 
Case Initiated:  May 05, 2005 Type of Presentation: Request to Foreclose Lien
 
NAME ON LIEN:
John B & Susan Culverhouse
1635 Thumb Point Drive
Fort Pierce, FL 34949 
 
CURRENT TITLE NAME:
John B Culverhouse Sr.
John B Culverhouse Jr.
1635 Thumb Point Drive
Fort Pierce, FL 34949

103.2 SBCCI Housing Code
Code Compliance Manager Margaret Arraiz read the facts of the case and explained that this was only an internal process that needed to be completed.
 

The Special Magistrate authorized the City Attorney to continue with the foreclosure proceedings.

 
1.
16-0324 505 S 8th Street White, Gary & Lisa Coss/Arraiz
 
Case Initiated:  February 4, 2016 Type of Presentation: Lien Reduction
 
OWNER:
Gary & Lisa White
1250 Shinn Road
Ft. Pierce, FL 349456
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
Code Compliance Manager Margaret Arraiz read the facts of the case.

Lisa White was sworn in for testimony. She agreed to pay the reduction offer of $750.00 within 60 days.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $3,840.00 to $750.00 payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
2.
15-0679 3625 S US Hwy 1 Motel FP LLC Shaun Coss
 
Case Initiated:  April 30, 2015 Type of Presentation: Massey 
 
OWNER:
Motel FP LLC
Jeremiah Baron
3625 S US Highway 1
Ft. Pierce, FL 34982
REQUEST BY:
Jeff Baron 
49 SW Flagler Avenue
Stuart, FL 34994 
 

Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment
Building Department Investigator Coss read the facts of the case.

Jeff Baron was sworn in for testimony.  He stated they had hired people to do the work; however, they did not do it.  They then found someone else who did do the work.  He agreed to the fines reduction and that he could pay it within 30 days.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $15,430.00 to $2000.00 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.

 
8.
NEW BUSINESS
 
9.
OLD BUSINESS
Meeting adjourned 9:45 A.M.

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk