Skip to main content

AgendaQuick™

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, MAY 17, 2017.
 
1.
CALL TO ORDER:

9:10 A.M.
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Janey Vanderhorst - Code Enforcement Officer
Andy Avery - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer

 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
16-2104 1210 Nobles Terr, Unit A New World Fiduciary Inc Shaun Coss
 
Case Initiated:  August 29, 2016 Type of Presentation: Repeat - COMPLIED
 
OWNER:
New World Fiduciary Inc
717 Ponce De Leon Blvd, Suite 305
Coral Gables, FL 33134 
 
REGISTERED AGENT:
Jeffrey Lusky, Esq.
Registered Agent for New World Fiduciary, Inc.
770 Ponce De Leon Blvd, Suite 306
Coral Gables, FL 33134

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 506.2 Sanitary Drainage System
IPMC 602.2 Residential Heat Supply
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
 
2.
16-0716 1212 Nobles Terr, Unit A New World Fiduciary Inc Shaun Coss
 
Case Initiated:  March 25, 2016 Type of Presentation: Repeat - COMPLIED
 
OWNER:
New World Fiduciary Inc
717 Ponce De Leon Blvd, Suite 305
Coral Gables, FL 33134 
 
REGISTERED AGENT:
Jeffrey Lusky, Esq.
Registered Agent for New World Fiduciary, Inc.
770 Ponce De Leon Blvd, Suite 306
Coral Gables, FL 33134

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure 
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.2 Openable Windows
IPMC 305.3 Interior Surfaces
IPMC 603.1 Mechanical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.2 Smoke Alarms
 
3.
16-1555 1214 Nobles Terr, Units A & B New World Fiduciary Inc Shaun Coss
 
Case Initiated:  June 30, 2016 Type of Presentation: Repeat - COMPLIED
 
OWNER:
New World Fiduciary Inc
717 Ponce De Leon Blvd, Suite 305
Coral Gables, FL 33134
 
REGISTERED AGENT:
Jeffrey Lusky, Esq.
Registered Agent for New World Fiduciary, Inc.
770 Ponce De Leon Blvd, Suite 306
Coral Gables, FL 33134

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.2 Unsafe Equipment (R & D)
IPMC 108.1.3 Structure Unfit for Human Occupancy 
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.2.1 Smoke Alarms
 
4.
16-1577 1214 Nobles Terr, Unit A New World Fiduciary Inc Shaun Coss
 
Case Initiated:  July 8, 2016 Type of Presentation: Repeat - PULLED
 
OWNER:
New World Fiduciary Inc
717 Ponce De Leon Blvd, Suite 305
Coral Gables, FL 33134
 
REGISTERED AGENT:
Jeffrey Lusky, Esq.
Registered Agent for New World Fiduciary, Inc.
770 Ponce De Leon Blvd, Suite 306
Coral Gables, FL 33134

Section(s): 5-1.105.1 Permit Required
 
5.
17-436 1206 Avenue D Joseph, Maria M Isaac Saucedo
 
Case Initiated:  February 28, 2017 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Marie M Joseph
301 N 19TH St.
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
Section 11-30 – Refrigerator/Ice Box Safety
 
6.
17-0232 1401 N 24th St Crews, Tracy Officer Patriani, Sean
 
Case Initiated:  February 5, 2017 Type of Presentation:  Parking Citation - PAID
 
OWNER:
Tracy Crews
PARKING CITATION
OCCUPIED BY:

 

Section(s) 10-23: Parking Regulations
 
7.
17-0488 139 N 2nd St Pence, Michele Officer Saintillien, Evans
 
Case Initiated:  March 1, 2017 Type of Presentation: Parking - RESCHEDULED
 
OWNER:
Michele Pence
PARKING CITATION
OCCUPIED BY:

 

Section(s) 10-23: Parking Regulations
 
8.
17-0508 130 Blk N Depot Dr Baldwin, Yulanda Heather Debevec
Vince Alesi
 
Case Initiated:  March 7, 2017 Type of Presentation: Parking - PAID
 
OWNER:
Yulanda Baldwin
PARKING CITATION
OCCUPIED BY:

 

Section(s) 10-23: Parking Regulation
 
9.
17-0484 1 S Jetty Park Mellott, Randy Officer Anton, Nicholas
 
Case Initiated:  February 25, 2017 Type of Presentation: Parking - PAID
 
OWNER:
Randy Mellot
PARKING CITATION
OCCUPIED BY:
 

 

Section(s) 10-23 Parking Regulation
 
10.
17-0230 Orange Ave & 2nd St Smith, Vanessa Officer Trinidad, Oscar
 
Case Initiated:  February 3, 2017 Type of Presentation: Parking - PAID
 
OWNER:
Vanessa Smith
PARKING CITATION
 
OCCUPIED BY:
 

 

Section(s) 10-23 Parking Regulation
 
11.
17-0163 2701 Avenue L Spatcher, Lashaundra Officer Costa, Moyses
 
Case Initiated:  December 23, 2016 Type of Presentation: Parking - PAID
 
OWNER:
Lashaundra Spatcher
PARKING CITATION
OCCUPIED BY:
 

 

Section(s) 10-23 - Parking Regulation
 
12.
17-0169 1 S Jetty Park Krohne, Rebecca Officer Louis, Elizabeth
 
Case Initiated:  January 21, 2017 Type of Presentation: Parking - PAID
 
OWNER:
Rebecca Krohne
PARKING CITATION
 
OCCUPIED BY:
 

 

Section(s) 10-23 - Parking Regulation
 
13.
17-898 1450 Bell Avenue Railside LLC Shaun Coss
 
Case Initiated:  January 30, 2017 Type of Presentation: Regular - PULLED
 
OWNER:
Railside LLC
Norman Zlinkoff
44-47 Realty LLC
4510 SW Thistle Terr
Palm City, FL 34990
REGISTERED AGENT:
John Katsock, Jr.
Registered Agent for Railside LLC
4521 SW Bimini Circle N
Palm City, FL 34990
 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
5-1.105.4.1.2 Expired Permit
22-79 Compliance with Conditions of Approval
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
16-2827 1409 Delaware Ave Lin, Xiang Shaun Coss

Case Initiated:  December 19, 2016 Type of Presentation: Regular

OWNER:
Xiang Lin
% Chef Lin Asia Buffet
1850 S. US Hwy 1
Vero Beach, FL 32960 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.105.4.1.2 Expired Permit
Building Department Investigator Coss read the facts of the case and presented photos which were marked as Exhibit 1.  He said he spoke to Xiang Lin's daughter prior to the meeting and they were in agreement to the 60 days or $200.00 per day.

Mary Lin, daughter, was sworn in.  She said she had talked to the tenant and told them what needed to be done.  She said 60 days should be enough time.
 

The Special Magistrate found that a violation does exist and that Xiang Lin % Chef Lin Asia Buffet has committed or is responsible for the violations. She 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 $200.00 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.

 
B.
16-2819 607 N 19th St. Hartman, Ariel Shaun Coss
 
Case Initiated:  December 15, 2016 Type of Presentation: Regular
 
OWNER:
Ariel Hartman & Mordehay Charuvi
400 NE 12th Ave Apt 504
Hallandale, FL 33009 
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 304.12 Windows, Doors & Frames
IPMC 304.13.2 Openable Windows
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 505.1 Water System
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
 

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.

 
C.
16-1371 512 N 17th St. Kaja Holdings 2 LLC Shaun Coss
 
Case Initiated:  June 4, 2016 Type of Presentation: Regular
 
OWNER:
Kaja Holdings 2 LLC
16 Berryhill Rd, Suite 200
Columbia, SC 29210
 
REG AGENT:
National Registered Agents, Inc.
C/O Kaja Holdings 2, LLC
1200 South Pine Island Rd.
Plantation, FL 33324

Section(s): 5-1.105.1 Permit Required
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 505.1 Water System
IPMC 505.3 Water Supply
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 704.1 Fire Protection Systems
Building Investigator Coss read the facts of the case and presented photos marked as composite Exhibit 1.  He presented a letter from Ignacious Torres, authorizing him to represent the owner of Kaja Holdings 2 LLC.  Prior to the meeting Mr. Coss learned that the owner,  Ms. Williams was diagnosed with cancer and this was some of the hold up for not completing the corrections.  They were in agreement to the 6 months and if not complied understood it would be $100.00 per day until the violations were corrected.

Ignacious Torres was sworn in.  He confirmed the understanding of 6 months and the $100.00 per day fine if not completed.
 

The Special Magistrate found that a violation does exist and that Kaja Holdings 2 LLC has committed or is responsible for the violations. She ordered that the violator has 6 months 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.

 
E.
17-0638 1114 Raymond Avenue Bitetto, Vitangelo R Andy Avery
 
Case Initiated: March 30, 2017  Type of Presentation: Regular 
 
OWNER:
Vitangelo R Bitetto
1842 SE Floresta Drive
Port St Lucie, FL 34983
OCCUPIED BY:


 

Section(s): 5-368 (1)(3)(4) - Property Maintenance
Section(s): 5-368 (6) – Fence Maintenance
Section(s): 2015 NEC – Temporary Lighting
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): 22-187 (13)(b) – Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (7) – Nuisance as a Condition
 

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.

 
F.
17- 0014 5831 Tedder Road Gonzalez, Andres F Andy Avery
 
Case Initiated: January 9, 2017  Type of Presentation: Regular 
 
OWNER:
Andres F Gonzalez
5831 Tedder Road
Ft Pierce, FL 34947
OCCUPIED BY:


 

Section 22-60 (I)(2)(A) – Commercial Vehicle
Code Officer Avery read the facts of the case and presented photos which were marked as composite Exhibit 1.  He said he had received several complaints about Mr. Gonzalez parking his dump trucks on the property site, some times overnight.  They also did repairs to the trucks day in and day out.

Code Officer Janey Vanderhorst was sworn in as translator for Andres Fernandez Gonzalez who was also sworn in.  He stated he had moved the trucks off site and had receipts to prove it. He and his nephew would go to the house to eat, shower, and rest a little before going back out on the road. He said he bought the house in September 2015, moved into the house in December.  He didn't know he couldn't have the trucks on the property.  He said the neighbors have been on him for as long as he has lived there and he feels they are doing this because he's Hispanic.

Mr. Warren Alford was sworn in.  Special Magistrate Ross stated that she knew Mr. Alford personally.  Mr. Alford said the operation has been going on continuously for a year or more.  He said they come in early and leave late with repairs being done.  The trucks are not there like they used to be but they are still operating a business.  It is very noisy on weekends.  

Lyn Bessenbacher was sworn in.  He said he had taken photos of the back yard and it shows 3 trucks and a wench.  He said they're not parking overnight now but still running the trucking business and doing repairs.  It is very noisy on weekends.
 

Special Magistrate Ross found that a violation does exist and that Andres F. Gonzalez has committed or is responsible for the violations. She ordered that the violator has 2 days in which to remove the commercial trucks from the residential property; they must be parked some place off site. In the event the violations are not cured or complied within the time period given, a fine of $150.00 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 her decision in the Circuit Court of St. Lucie County. She asked Ms. Vanderhorst to make sure Mr. Gonzalez understood her ruling.

 
G.
16-2288 1611 S 29th Street Overton, Robert R Andy Avery
 
Case Initiated: September 30, 2016  Type of Presentation: Regular 
 
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
Code Enforcement Officer Andy Avery read the facts of the case.  He said Ms. Deana Thompson was the current owner of property.  She had a traffic accident where she lost both of her legs.  Andy was representing her today.  He said Robert was her son and Jefferson Summerlin was an old tenant; no longer there.  He aid the non-operative vehicles have been removed and asked for an R&D order.  Also, they were in agreement with the 30 days or $50.00 per day if remaining violations were not corrected.
 

The Special Magistrate found that Section(s) 16-46, 16-47, 16-48 (10) (D) did exist 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.

 

Special Magistrate Ross found that a violation does exist for remaining sections and that Robert R. Overton has committed or is responsible for the violations. She ordered that the violator has 30 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 $50.00 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 her decision in the Circuit Court of St. Lucie County.

 
H.
16-2189 1112 S 7th Street JPMorgan Chase Bank N A Andy Avery
 
Case Initiated: September 30, 2016  Type of Presentation: Regular - CONTINUED
 
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
Code Enforcement Officer Andy Avery read the facts of the case and presented photos marked as composite Exhibit 1.  

Christina Spina, attorney for JP Morgan Chase Bank said her firm had just been retained the day before hearing.  She hasn't had a chance to check out everything.  She said the bank is in the process of getting bids but the condition of the property is making it difficult to retain someone to do the work.  They are also looking into demolition of the property.  They would appreciate more time to complete the job.

Code Compliance Manager Margaret Arraiz said the City would be agreeable to continuing the case until the July meeting.  This would give them 60 additional days.

Ms. Spina was agreeable to this.
 

After hearing the presentation from Attorney Spina she continued the case until July 19th meeting. If the property has been complied no further action will be necessary.

 
5.
PUBLIC HEARINGS - CITATIONS
 
A.
17-0578 701 N 9th St Faucher, Jeffrey Heather Debevec
 
Case Initiated:  March 16, 2017 Type of Presentation: Regular
 
OWNER:
Jeffrey Faucher
PO Box 536
Ft. Pierce, FL 34954
OCCUPIED BY:


 

Section(s): 5-369 Vacant Building
Section(s): 22-187 Landscape Maintenance
Section(s): 5-368 Property Maintenance
Section(s):16-46; 16-47; 16-48 Outside Storage of Indoor Furniture
There was no one present representing the case.  Code Enforcement Officer Debevec read the facts of the case and presented photos which were marked as composite exhibit 1.
 

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. She 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.

 
B.
17-0165 724 Orange Ave Minus, Camilla Officer Griffith, Steve
 
Case Initiated:  December 27, 2016 Type of Presentation: Parking Citation
 
OWNER:
Camilla Minus
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.

 
C.
17-0233 1407 N 24th St Jacobs, Kerrian Officer Patriani, Sean
 
Case Initiated:  February 5, 2017 Type of Presentation:  Parking Citation
 
OWNER:
Kerrian Jacobs
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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
16-0566 702 Dundas Court Bridges, Andrew Peggy Arraiz

 
Case Initiated:  February 27, 2016 Type of Presentation: Massey Hearing

PREVIOUS OWNER:
Sarah Johnson
1111 Avenue G
Ft. Pierce, FL 34950
CURRENT OWNER:
Andrew Bridges
702 Dundas Court
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (10) (D) Non-Operable Vehicle
Code Compliance Manager Margaret Arraiz read the facts of the case and reviewed the 3 criteria used to determine whether the reduction was granted or not.  She was willing to reduce the fees to administrative costs of $500.00.

Andrew Bridges was sworn in.  He was not in agreement to the $500.00 stating he was not working and he was living with his girlfriend who was not working either.  He asked for a further reduction.

Special Magistrate asked Ms. Arraiz if she would accept $295.00 and she agreed to this settlement.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $5,295.00 to $295.00 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.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS:
Code Compliance Manager gave the Special Magistrate the information about the first reading on eliminating the Code Enforcement Board and the second reading would be at the next City Commission meeting. With this there would be more cases scheduled for the two Special Magistrate meeting.
 
10.
OLD BUSINESS
Adjourned 10:00 A.M.
Respectfully submitted:


Colleen Greer