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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, JUNE 7, 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
Andy Avery - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Shaun Coss - Building Department Investigator
Evan Saintilien - FPPD
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-0653 911 Avenue J Marcellino, Vincent Heather Debevec
 
Case Initiated:  March 29, 2017 Type of Presentation: Regular - CONTINUED
 
OWNER:
Vincent Marcellino
5625 NW Wawan Ct
Pt. St. Lucie, FL 34986
OCCUPIED BY:
 

 

Section(s): 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section(s): 5-368 (6) - Fence Maintenance
Section(s): 5-368 (4) - Property Maintenance
Section(s): 16-25 (C) - Responsibility for Containers
 
2.
17-0650 917 Avenue J Marcellino, Vincent Heather Debevec
 
Case Initiated:  March 29, 2017 Type of Presentation: Regular - CONTINUED
 
OWNER:
Vincent Marcellino
5625 NW Wawan Ct
Pt. St. Lucie, FL 34986
OCCUPIED BY:
 

 

Section(s): 5-368 - Property Maintenance
Section(s): 5-368(6) - Fence Maintenance
 
3.
16-1443 2510 S Ocean Dr. Aljen Inc Shaun Coss
 
Case Initiated:  June 9, 2016 Type of Presentation: Regular - CONTINUED
 
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
Building Department Investigator Coss read the facts of the case and recommended continuing the case for 90 days.
 

Special Magistrate granted a 90 day extension on this case.

 
4.
17-0441 300 S Us Hwy 1 Studio 17 LLC Vincent Alesi
 
Case Initiated:: February 28,2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Kraaz & Kraaz Finance Inc
201 S 2nd St Ste 206
Fort Pierce, FL 34950
OCCUPIED BY:
Studio 17 LLC
300 S Us Hwy 1
Fort Pierce, FL 34950

REGISTERED AGENT:
Hans E Kraaz
124-A North 2nd St
Fort Pierce, FL 34950

Section 9-27 (B) – Doing Business without a Tax
It is prohibited for any person to engage in or manage any trade, business, occupation or profession without first paying a business tax.
 
In the event you are found in violation of Section 9-27(B) for doing business without a business tax, all utility services to the business premises will be suspended while the violation continues.
 
 
5.
17-0537 3499 S US  Hwy 1 B Sundance Family Farms Vincent Alesi
 
Case Initiated:: February 28,2017 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Florida State of Dept of Agriculture
407 S Calhoun St
Tallahassee,  FL 32399
OCCUPIED BY:
Sundance Family Farms
3499 S US Hwy 1 B
Fort Pierce, FL 34982
REGISTERED AGENT:
Peter Castagna
1460 S Ocean Blvd  Apt 302
Pompano Beach, FL 33062

Section 9-27 (B) – Doing Business without a Tax
It is prohibited for any person to engage in or manage any trade, business, occupation or profession without first paying a business tax.
 
In the event you are found in violation of Section 9-27(b) for doing business without a business tax, all utility services to the business premises will be suspended while the violation continues.
 
6.
16-2742 2106 San Diego Ave Jefferson, Gregory Shaun Coss
 
Case Initiated:  December 1, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Gregory Jefferson
2106 San Diego Ave
Fort Pierce, FL 34946 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
4.
PUBLIC HEARINGS - VIOLATION CASES
 
b.
17-0654 905 Avenue J R and D Management Investments Heather Debevec

Case Initiated:  March 29, 2017 Type of Presentation:  Regular

OWNER:
R and D Management Investments
PO Box 9366
Pt. St. Lucie, FL 34952
OTHER NAMES:
Raymond Reiprech
875 SW Macedo Blvd
Port St. Lucie, FL 34983

Section(s): 5-368 - Property Maintenance
Section(s): 5-368(6) - Fence Maintenance
Code Officer Debevec read the facts of the case.  She said some of the fence is down. 

Raymond Reiprech was sworn in.  He said everything was sent to the wrong address and he had changed the address with the property appraiser months ago.  He said he wanted to sell the property after it is complied and if he can't sell it he will take down the fence and posts.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that R & D Management Investments have committed or are responsible for the violations. She ordered that the violator(s) have 30 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.

 
e.
17-0759 2307 Avenue Q Bryant, Charles E Andy Avery
 
Case Initiated: April 13, 2017  Type of Presentation: Regular 
 
OWNER:
Charles E Bryant
2300 Avenue P
Ft Pierce, FL 34950
OCCUPIED BY:
Maisha S Robinson
2307 Avenue Q
Ft Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
Section(s): 22-60 (F)(2)(B) – Commercial Vehicle
 

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.

 
f.
17-0656 411 N 9th St Fuentes, Manuel Heather Debevec

Case Initiated:  March 30, 2017 Type of Presentation: Regular

OWNER:
Manuel Fuentes
5687 E 4th Ave
Hialeah, FL 33013
OCCUPIED BY:


 

Section(s): 5-368(6)- Fence Maintenance
Section(s): 5-368 - Property Maintenance
 

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.

 
i.
17-0675 417 N 9th Street BH-18 Properties LLC Heather Debevec

Case Initiated:  March 31, 2017 Type of Presentation: Regular

OWNER:
BH-18 Properties LLC
2500 E Hallendale Beach Blvd Ste PH1
Hallandale, FL 33009
OCCUPIED BY:


 

Section(s): 5-368(6)- Fence Maintenance
 

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.

 
j.
17-0018 119 S 13th St. Wynn, Keyonta Shaun Coss

Case Initiated:  January 6, 2017 Type of Presentation: Regular

OWNER:
Keyonta Wynn
119 S 13th St.
Fort Pierce, FL 34950 
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.

 
k.
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 Assoc 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 Debevec read the facts of the case and presented photos that were marked Exhibit 1.  She said there have been significant changes but not all violations have been corrected at this time.

Kathy Galan, site manager, was sworn in.  She said they have been working on getting the violations corrected but they were not done yet.  She felt 15 days should be enough time.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Bethany Court-Pierce Associates Ltd have committed or are responsible for the violations. He ordered that the violator(s) have 15 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, the City is to take the necessary steps to remedy the violation(s) and the cost be assessed as a special assessment lien against the property.

 
l.
08-2629 1222 Avenue B Delva, Marking Shaun Coss
 
Case Initiated:  July 31, 2008 Type of Presentation: Regular
 
OWNER: Marking Delva
1222 Avenue B
Fort Pierce, FL 34950
OCCUPIED BY:

 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 302.3 Sidewalks & Driveways
IPMC 304.1 Exterior Structure
IPMC 304.5 Foundation Walls
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.2 Structural Members
IPMC 305.5 Handrails & Guards
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.4 Wiring
 

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.

 
m.
15-1680 2507 (2517) S US Hwy 1 EHDEN NV Shaun Coss

Case Initiated:  December 12, 2016 Type of Presentation: Regular

OWNER:
EHDEN NV
C/O Fraga Properties
75 Valencia Ave Suite 1150
Coral Gables, FL 33134 
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.

 
o.
17-0043 6653 Samba St. Gil, Luz Shaun Coss

Case Initiated:  January 11, 2017 Type of Presentation: Regular

OWNER:
Luz Alma B Gil
6653 Samba St.
Ft. Pierce, FL 34945 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and presented photos which were marked as composit Exhibit 1.  He said the permit has been applied for and is under review.  It needs signed drawing from engineer.
 

The Special Magistrate found that a violation does exist and that Luz Alma B Gil 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/her decision in the Circuit Court of St. Lucie County.

 
p.
16-2776 3601 Crossroads Pkwy Fort Pierce Business Center LLC Shaun Coss

Case Initiated:  December 8, 2016 Type of Presentation: Regular

OWNER:
Fort Pierce Business Center LLC
Attn: Alan Webber
10 Wall St.
Norwalk, CT 06850
OCCUPIED BY:
Core Contents Restoration
3601 Crossroads Pkwy Unit D
Fort Pierce, FL 34947
 
REG. AGENT:
Incorporating Services LTD
Reg. Agent for Fort Pierce Business Center LLC
1540 Glenway Dr.
Tallahassee, FL 32301
 

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.

 
q.
17-0059 1114 Raymond Ave Bitetto, Vitangelo Shaun Coss

Case Initiated: January 12, 2017 Type of Presentation:  Regular

OWNER:
Vitangelo Bitetto
1842 SE Floresta Dr
Port St. Lucie, FL 34983 
OCCUPIED BY:

 
 

Section(s): 5-1.105.1 Permit Required
IPMC 108.1.2 Unsafe Equipment
IPMC 304.1 Exterior Structure
IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
 

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.

 
r.
17-0068 302 N 19th St. Plain, Jimmy Shaun Coss
 
Case Initiated:  January 17, 2017 Type of Presentation: Regular: CONTINUED FOR NEXT HEARING DATE
 
OWNER:
Jimmy Plain & Mary Briggs
302 N 19th St.
Fort Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 108.1.4 Unlawful Structure
IPMC 304.1 Exterior Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.4 Wiring
IPMC 704.2.1 Smoke Alarms
Building Department Investigator Coss read the facts of the case .  He presented photos that were marked as composite Exhibit 1.  He said this was a tenant complaint and she has since moved out. He has had no contact with the owners until today.

Ella Williams, Gloria Briggs, and Mary Briggs were sworn in.  Ella was the spokesperson and she said they allowed a homeless person by the name of Stephanie to live there for about a week; she stayed more like a month.  She was constantly complaining and they have taken care of most of the complaints.

Mr. Coss said this was a two unit home and at the time of inspection both units were being rented out.  Ms. Williams said it was not a rooming house.  Mr. Coss asked for a continuation so he could have time to check the home out again.


They agreed to the violations.
 

The Special Magistrate continued the case until the next hearing date.

 
s.
17-0069 208 N 19th St. Hicks, Cecil Shaun Coss

Case Initiated:  January 13, 2017 Type of Presentation: Regular

OWNER:
Cecil & Cassandra Hicks
5810 Spanish River Dr.
Fort Pierce, FL 34951 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case and presented photos marked as composite Exhibit 1.  He said the property owners were doing a complete renovation without obtaining a permit.  

Cecil Hicks was sworn in.  He said his wife handles the property business and he didn't know what her intentions were.  He said they would not be living there so it would most likely become investment property.
 

The Special Magistrate found that a violation does exist and that Cecil & Cassandra Hicks have committed or is responsible for the violations. He ordered that the violators have 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/her decision in the Circuit Court of St. Lucie County.

 
5.
PUBLIC HEARINGS - CITATIONS
 
a.
17-0488 139 N 2nd Street Pence, Michele Officer Saintillien, Evans

Case Initiated:  March 1, 2017 Type of Presentation: Citation

OWNER:
Michele Pence
PARKING CITATION
Citation #26163

 

Section(s): 10-23 Parking Regulations
FPPD Saintillien  presented the case and furnished photos which were marked as Exhibit 1.  He stated a no parking sign could be seen clearly and at the loading zone it was marked on the asphalt "loading zone" only.  

Michelle Pence was sworn in.  She said she was from Port St. Lucie and she didn't know she was parking in the wrong place.  She provided photos and said it was an overcast day; she did not see the no parking sign.  SM  Blandino asked about the fines being charged and said it was clear that she parked in a no parking zone but he would waive the administrative fee and late fee.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $30.00 and he waived the $10.00 administrative fees and $18.00 late fees

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
a.
16-1594 1901 S 26th Street Leite, Robert Andy Avery

Case Initiated:  July 12, 2016 Type of Presentation: Massey Hearing

OWNER:
PDK Inc
C/O Paul M Katchmere
398 E Dania Beach Blvd #465
Dania, FL 33004
OCCUPIED BY:



 

Section(s): 16-46, 16-47, 16-48 (1) (5) Outside Storage
Section(s): 16-46, 16-47, 16-48 (10) (D) Non-Operable Vehicles
Code Officer Andy Avery read the facts of the case.  He said he met earlier with Robert Leite, general manager and they agreed upon the settlement of $600.
Mr. Leite was sworn in and he confirmed they would pay $600.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $11,780.00 to $600.00 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.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS:
Code Enforcement Manager Margaret Arraiz stated the department would soon be handling the alarm permits and introduced Cindy Ricker as the alarm co-ordinator.
 
10.
OLD BUSINESS
Adjourned 10:50 am

Respectfully submitted:

Colleen Greer
Code Enforcement Clerk