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, MAY 3, 2017.
1.
CALL TO ORDER
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
Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Shaun Coss - Building Department Investigator
1.
| 17-0366 | 100 Bethany Ct | Bethany Court- Pierce Assoc Ltd | Heather Debevec |
| Case Initiated: | February 21, 2017 | Type of Presentation: | Regular - CONTINUED |
| OWNER: Bethany Court- Pierce Asoc Ltd 3 East Stow Rd Ste 100 Marlton, NJ 08053 REGISTERED AGENT: NRAI Services, Inc 1200 S Pine Island Rd Plantation, FL 33324 |
PROPERTY MANAGER: Bessie Hampton 2419 E 31st Ave Tampa, FL 33610 |
Section(s) 16-46 – Nuisance as a Condition
Section(s) 16-48 – Nuisance as a Condition
Code Officer Heather Debevec read the facts of the case. She said they had done some of the clearing but they requested a hearing to discuss the remainder of the clearing issue.
Bessie Hampton, regional property manager, was sworn in. She said because it's a HUD property it had to go for bid. The cost was about $15,000.00 and they had to have approval to spend that much. She said they were also concerned about the other illegal stuff going on; vandalism, critters coming out making it a safety issue and if they cleared the side of river that was being requested it would cause more foot traffic.
Code Compliance Manager Arraiz said they used the CPTED for guidance. There are homeless people as well as criminals living in the bushes and the city needs a clear vision of the area.
Bessie Hampton, regional property manager, was sworn in. She said because it's a HUD property it had to go for bid. The cost was about $15,000.00 and they had to have approval to spend that much. She said they were also concerned about the other illegal stuff going on; vandalism, critters coming out making it a safety issue and if they cleared the side of river that was being requested it would cause more foot traffic.
Code Compliance Manager Arraiz said they used the CPTED for guidance. There are homeless people as well as criminals living in the bushes and the city needs a clear vision of the area.
After listening to the facts of the case Special Magistrate continued the case until June meeting.
2.
| 17-118 | 123 N 2nd St | Shaw, Lymar | Heather Debevec |
| Case Initiated: | January 24, 2017 | Type of Presentation: | Parking Citation - COMPLIED |
| OWNER: Lymar Shaw PARKING CITATION |
OCCUPIED BY: |
Section(s): 10-23 Parking Regulation
3.
| 16-2774 | 1507 Edgewood Terr. Unit B | Braynen (Est), Everette | Shaun Coss |
| Case Initiated: | December 8, 2016 | Type of Presentation: | Regular -COMPLIED |
| OWNER: Everette Braynen (Est) 1704 Avenue N Ft. Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.13.1 Glazing
IPMC 304.18.1 Building Security-Doors
IPMC 305.3 Interior Surfaces
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 704.2.2 Smoke Alarms
4.
| 16-2380 | 101 Hialeah Ave | Fountain, Denise | Shaun Coss |
| Case Initiated: | October 12, 2016 | Type of Presentation: | Regular - PULLED |
| OWNER: Denise Fountain 7507 George Rd. Ft Pierce, FL 34951 |
OCCUPIED BY: |
.Section(s): 5-1.105.1 Permit Required.
5.
| 16-2300 | 111 Hialeah Ave | Slep, Kimberly | Shaun Coss |
| Case Initiated: | October 3, 2016 | Type of Presentation: | Regular - COMPLIED |
| OWNER: Kimberly Slep 111 Hialeah Ave Ft Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
6.
| 16-2189 | 1112 S 7th Street | JPMorgan Chase Bank N A | Andy Avery |
| Case Initiated: | September 30, 2016 | Type of Presentation: | Regular - PULLED |
| OWNER: JP Morgan Chase Bank N A 2777 Lake Vista Dr Lewisville, TX 75067 |
OCCUPIED BY: |
Section(s) 5-73 – House Numbers
Section(s) 5-368 (1)(3)(4)(7) - Property Maintenance
7.
| 16-2288 | 1611 S 29th Street | Overton, Robert R | Andy Avery |
| Case Initiated: | September 30, 2016 | Type of Presentation: | Regular - PULLED |
| OWNER: Robert R Overton 1611 S 29th Street Ft Pierce, FL 34950 |
Deana Thompson 246 Birdcage Estates Chadbourne, NC 28431 Jefferson Summerlin 1611 S 29th Street Ft Pierce, FL 34950 |
Section(s) 5-73 – House Numbers
Section(s) 5-368 (1)(3)(4)(7) - Property Maintenance
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) 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
8.
| 17-0332 | 116 Avenue A | Ceglio, Carmine | Heather Debevec - DISMISSED |
Code Officer Debevec read the facts of the case and presented photos marked exhibit 1.
Carmine Ceglio was sworn in. He said he worked at Salon Bangz. He was new in town and didn't know about the 2 hour parking. He parked and ran in to take care of a client.
Ms. Arraiz said they spent months educating the downtown area about the 2 hour parking, going over the 2 hour parking and the circumstances that could result.
Carmine Ceglio was sworn in. He said he worked at Salon Bangz. He was new in town and didn't know about the 2 hour parking. He parked and ran in to take care of a client.
Ms. Arraiz said they spent months educating the downtown area about the 2 hour parking, going over the 2 hour parking and the circumstances that could result.
After considering the facts of the case and testimony from Carmine Ceglio, the Special Magistrate dismissed the case with a warning.
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
B.
PUBLIC HEARINGS - VIOLATION CASES
1.
| 16-2553 | 2905 Dunbar St. | Simonson, Franca | Shaun Coss |
| Case Initiated: | November 3, 2016 | Type of Presentation: | Repeat (Case 15-1657) |
| OWNER: Franca S & Robert Simonson 1273 NW 11th St. Boynton Beach, FL 33426 |
OTHER: Brock & Scott, PLLC Attorney for HSBC Bank USA, N.A. 1501 NW 49th St. Suite 200 Ft. Lauderdale, FL 33309 flcourtdocs@brockandscott.com |
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.1 Exterior Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 604.3.2.1 Fire Damaged Electrical Equipment
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
Section(s): 5-1.105.4.1.2 Expired Permit
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 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.
2.
| 16-2757 | 4454 Whispering Pines Ln | Pines Whisper LLC | Shaun Coss |
| Case Initiated: | December 2, 2016 | Type of Presentation: | Regular |
| OWNER: Pines Whisper LLC % Elon Property Management 590 West Kennedy Blvd. 2nd Floor Lakewood, NJ 08701 |
OTHER: Corporation Service Company C/O Pines Whisper LLC 1201 Hays St. Tallahassee, FL 32301 |
Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 304.1 Exterior Structure
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.2 Openable Windows
IPMC 305.3 Interior Surfaces
IPMC 502.1 Required Facilities
IPMC 605.1 Electrical Equipment
IPMC 704.2.2 Smoke Alarms
Special Magistrate Ross finds 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.
A.
PUBLIC HEARINGS - PARKING VIOLATIONS
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
A.
| 16-0681 | 1150 Bell Avenue | Taylor Investment Group, Inc. | Shaun Coss |
| Case Initiated: | March 21, 2016 | Type of Presentation: | Massey |
| OWNER: Taylor Investment Group, Inc. 302 Melton Drive Fort Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case. He said he spoke to Mr. White prior to the meeting and he was in agreement to the $750.00 settlement payable in 30 days.
Kyle White, Vice President, J.A. Taylor Roofing confirmed the $750.00 settlement payable in 30 days.
Kyle White, Vice President, J.A. Taylor Roofing confirmed the $750.00 settlement payable in 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 $2,930.00 to $750.00 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.
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
A.
| 05-1403 | 1102 N 14th Street | McNair, Jamie | Peggy Arraiz |
| Case Initiated: | May 18, 2005 | Type of Presentation: | Lien Reduction |
| PREVIOUS OWNER: Eduardo Maurizi 3251 SW 44th St #206 Fort Lauderdale, FL 33312 |
CURRENT OWNER: Jamie McNair Yolanda McNair 5259 NW S Lovett Circle Port St. Lucie, FL 34986 |
Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz read the facts of the case.
Jamie McNair was sworn in. He said they had just acquired the property a few weeks ago and learned there was a lien. It was his mistake that he didn't read the special warranty deed. He agreed to the $3,000.00 settlement payable in 60 days.
Jamie McNair was sworn in. He said they had just acquired the property a few weeks ago and learned there was a lien. It was his mistake that he didn't read the special warranty deed. He agreed to the $3,000.00 settlement payable in 60 days.
Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $68,510.00 to $3,000.00 payable in 60 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 9:35 a.m.
Respectfully submitted:
Colleen Greer
Respectfully submitted:
Colleen Greer