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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, AUGUST 16, 2017.
 
1.
CALL TO ORDER: 9:10 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Vince Alesi - Code Enforcement Officer
Andy Avery- Code Enforcement Officer
Heather Debevec- Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-1465 2400 S Ocean Drive 7645 Breslin, Sheila Heather Debevec
 
Case Initiated:  July 1, 2017 Type of Presentation: Regular - RESCHEDULED
 
OWNER:
Sheila Breslin
2400 S Ocean Drive 7645
Ft Pierce, FL 34949

 

Section(s): 22-22(C) - Allowed Uses
Section(s): 9-27(B) - Doing Business Without a Tax
 
2.
17-0818 661 Hernando Street Pearly Sands II LLC Heather Debevec
 
Case Initiated:  April 18, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Pearly Sands II LLC
7 Lagomar Rd
Palm Beach, FL 33480
REGISTERED AGENT:
Adam Seligman Esq
4420 Beacon Circle
West Palm Beach, FL 33407

Section(s): 22-187 (13) - Landscape Maintenance
 
3.
17-1262 PK 1401 S Ocean Drive Frisk, James Officer E. Louis
 
Case Initiated:  June 11, 2017 Type of Presentation: Citation - CONTINUED
 
VIOLATOR:
James Frisk
 
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 17-1262 10-23 Parking Regulations $30.00 X1 $30.00 $10.00 $18.00 $58.00
 
4.
17-1467 421 N 2nd Street AABAA International Inc Heather Debevec
 
Case Initiated:  July 1, 2017 Type of Presentation: Regular - PULLED
 
OWNER:
AABAA International Inc
PO Box 812079
Boca Raton, FL 33481
REGISTERED AGENT:
Cormac Conahan  Esq.
170 SW 11th Court
Boca Raton, FL 33486

Section(s): 22-22(C) - Allowed Uses
Section(s): 9-27(B) - Doing Business Without a Tax
 
5.
17-0843
 
703 N 9th Street
 
Sherffield, Arthur
Ferguson, Cheryl
Heather Debevec
 
 
Case Initiated:  April 20, 2017 Type of Presentation: Regular - PULLED
 
OWNER:
Arthur Sherffield
Cheryl Ferguson
703 N 9th St
Ft. Pierce, FL 34950
OCCUPIED BY:



 

Section(s): 5-1.104.5 - Unsafe Building (covered windows)
Section(s): 11-30 - Refrigerator / Ice Box Safety
Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) - Outside Storage of Indoor Furniture
Section(s):  5-368 - Property Maintenance
Section(s): 16-46, 16-48 - Hanging Clothes on the Fence
Section(s): 16-25(C) - Responsibility for Containers
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-1363 PK S/S 200 Blk Atlantic Avenue Alvarez, Ileana Vincent Alesi
 
Case Initiated:  June 21, 2017 Type of Presentation:  Citation
 
OWNER:
Ileana De Los Angeles Alvarez 
PARKING VIOLATION:
Citation #0152 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0152 PK 10-23 Parking Regulations 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Code Officer Vince Alesi presented the facts of the case and presented photos which were marked as Exhibit 1.  The photos show the tires and rearend's hubcap is in the same position on both pictures.  The first picture was taken at 11:27 am and the second picture 3:03 pm.

Ileana Alvarez was sworn in.  She said she was going in and out of her office several times that day.  Officer Alesi pointed out the photos showing the position of the car and tires as well as the time stamps. It appears the car has not been moved.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 payable in 30 days. She waived the administration and late fees.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
17-0751 709 Easter Avenue Mathews, Thomas L & Kathleen E Isaac Saucedo

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

OWNER:
Thomas L Mathews
Kathleen Mathews
709 Easter Avenue
Ft. Pierce, FL 34950
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
Section(s):  16-25 (C) – Responsibility for Containers
Section(s):  22-187 (13) – Landscape Maintenance
 

Thomas and Kathleen Mathews and Code Enforcement Officer Isaac Saucedo signed a stipulation this date stating they would bring the property into compliance. In the event the violation is not remedied 10 days or on or before August 26, 2017, there shall be imposed a fine pursuant to Section 162.09, Fla. Stat., at a daily cumulative rate of $150.00 per day. The fine will continue to accrue until violations are corrected and if not complied within a timely manner there shall be issued an Order pursuant to Section 162.09, Fla. Stat., and Rule 15, Rules of Procedure of the Code Enforcement Board of the City of Fort Pierce, Florida, imposing lien in the manner provided for by law.

 
B.
17-1030 401 S US Hwy 1 FQSR RE 11 LLC Isaac Saucedo

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

OWNER:
FQSR RE II LLC
8900 Indian Creek Pkwy
Overland Park, KS 66210
 

 
OCCUPIED BY:
KFC
401 S US Hwy 1
Ft. Pierce, FL 34950


 

Section(s):  5-368 (6) – Fence Maintenance
Code Officer Isaac Saucedo presented the facts of the case.  He said the property owners have started working on the fence and have applied for a permit.

William Griffith was sworn in. He said the initial letter was sent to the home office and he just learned about the violation.  He said he has applied for the permit; everything has been prepped to go as soon as the permit is completed. 

Code Manager Arraiz asked Special Magistrate to take into consideration that chapter 5 has been amended and the fence maintenance should be under chapter 22 instead.
 

Special Magistrate who found that a violation does exist and that FQSR RE II LLC has committed or is responsible for the violations. She ordered that the violator has 10 days in which to apply for the permit and comply with all conditions of the permit. 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 his/her decision in the Circuit Court of St. Lucie County.

 
D.
17-1466 1631 Seaway Dr Dunstan, Ivy Heather Debevec

Case Initiated:  July 1, 2017 Type of Presentation: Regular

OWNER:
Ivy Dunstan
2820 Selwyn Ave Ste 720
Charlotte, NC 28209
OCCUPIED BY:


 

Section(s): 22-22 (C)  - Allowed Uses
Section(s): 9-27(B) - Doing Business Without a Tax
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Ivy Dunstan have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated. In addition they are to remove all advertising from the internet.

 
E.
17-1468 2014 Jacaranda Drive Palm Property LLC Heather Debevec

Case Initiated:  July 1, 2017 Type of Presentation: Regular

OWNER:
Palm Property LLC
1424 SE McArthur Blvd.
Stuart, FL 34996
REGISTERED AGENT:
Neal Poller
550 Biltmore Way, Suit 700
Coral Gables, FL 33134
 

Section(s): 22-22(C) - Allowed Uses
Section(s): 9-27(B) - Doing Business Without a Tax
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Palm Property LLC have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated. In addition they are to remove all advertising from the internet.

 
G.
17-0849 411 Cedar Place Cruickshank, Cephus Heather Debevec

Case Initiated:  May 24, 2017 Type of Presentation: Regular

OWNER:
Cephus Cruickshank
2312 N 44th Street
Ft. Pierce, FL 34946

 
OCCUPIED BY:
Tenant
411 Cedar Place
Ft. Pierce, FL 34950

 

Section(s): 16-46, 16-47, 16-48 (11) - Outside Storage of Indoor Furniture
Section(s): 16-25(C) - Responsibility for Containers
 

The Special Magistrate finds that the violations 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.

 
H.
17-0848 409 Cedar Place Cruickshank, Cephus Heather Debevec

Case Initiated:  April 20, 2017 Type of Presentation:  Regular

OWNER:
Cephus Cruickshank
2312 N 44th Street
Ft. Pierce, FL 34946
OCCUPIED BY:
Tenant
409 Cedar Place
Ft. Pierce, FL 34950 

Section(s): 16-46, 16-47, 16-48(11) - Outside Storage of Indoor Furniture
Section(s): 16-25(C): Responsibility for Containers
 

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 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.
17-0774 1859 N US Highway 1 Taylor Creek LLC Heather Debevec

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

OWNER:
Taylor Creek LLC
8000 SW 67th Avenue
Miami, FL 33143



REGISTERED AGENT:
Family Dollar Store 8351
Dollar Tree Licensing
500 Volvo Parkway
Chesapeake, VA 23320
OCCUPIED BY:
Family Dollar Store 8351
1859 N US Highway 1
Ft. Pierce, FL 34950







 

Section(s): 16-25 (f) Responsibility for Containers
 

The Special Magistrate finds that the violations 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.

 
L.
17-1147 1905 Sunrise Boulevard McKuhen (Est), Donna J Andy Avery

Case Initiated:  June 8, 2017 Type of Presentation: Repeat

OWNER:
Donna J McKuhen (Est)
1703 Rio Vista Drive
Ft. Pierce, FL 34949
OCCUPIED BY:
Elizabeth N Birmingham
1905 Sunrise Boulevard
Ft. 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): 16-46, 16-47, 16-48 Nuisance as a Condition
 
Code Officer Andy Avery read the facts of the case and presented photos marked as Exhibit 1 

Elizabeth Birmingham was sworn in.  She said she just learned about the violations and the hearing in the last day.  She said they have a large household including her sister in law, ex husband and his girlfriend and 8 children including 2 special needs.  She has just gone back to work and is unable to pick up the slack.  She gets no help from the older kids.  Her sister in law is moving back to Georgia  and everything has been left on the front porch.  

Peggy said they were giving them time but they need to keep in contact with Officer Avery.  If he finds the work is being done and that you need more time he can grant an extension of time.
 

Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Donna J. McKuhen has committed or is responsible for the violations. She ordered that the violator(s) have/has 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 $50.00 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Adjourned: 9:45 AM
Respectfully submitted:

Colleen Greer