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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, SEPTEMBER 6, 2017.
 
1.
CALL TO ORDER:
9:15 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
BJ Gaspara: Animal Control Officer
Shaun Coss: Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-1268  PK 1 TBD Thomas, Mylekia #8727 Patriani
 
Case Initiated:  06/11/2017 Type of Presentation: Citation -COMPLIED
 
VIOLATOR:
Mylekia Thomas
PARKING VIOLATION:
Citation: 540 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 540 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
17-1394
 
217 Hialeah Avenue
 
Gamez, Jose L
Gamez, Raquel
Isaac Saucedo
 
 
Case Initiated:  June 27, 2017 Type of Presentation: Regular - COMPLIED
 
VIOLATOR:
Jose L Gamez
Raquel Gamez
217 Hialeah Ave
Fort Pierce, Fl 34983
 
 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
3.
17-1393 117 Hialeah Avenue  Ruiz, Salvador E Isaac Saucedo
 
Case Initiated:  June 27, 2017 Type of Presentation: Regular - COMPLIED
 
VIOLATOR:
Salvador E Ruiz
117 Hialeah Ave
Fort Pierce, Fl 34982
 
 
 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
4.
16-1966 1306 Georgia Ave Damour, Clerica Shaun Coss
 
Case Initiated:  August 11, 2016 Type of Presentation: Regular - COMPLIED
 
OWNER:
Clerica Damour
1306 Georgia Ave
Ft Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.7 Roofs & Drainage
IPMC 304.18 Building Security
IPMC 305.3 Interior Surfaces
IPMC 502.1 Required Facilities
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.1 Electrical Equipment
IPMC 704.2.1 Smoke Alarms
 
5.
17-1682 1102 N 7th Street Noelke, Joe & Gina Heather Debevec
 
Case Initiated:  August 2, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Joe & Gina Noelke LLC
2504 Gray Twig Lane
Ft. Pierce, FL 34981
OCCUPIED BY:
Dunel Charles
1106 N 7th St Apt. A
Ft. Pierce, FL 34950
OCCUPIED BY:
?Jarnel Edmond
1106 N 7th St Apt B
Ft. Pierce, FL 34950
OCCUPIED BY:
Edna Eristhene
1106 N 7th St Apt C
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (10)(D) - Non-Operable Vehicles
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-1554 PK Jaycee Park Miranda, Rafael #4919 G. Montgomery

Case Initiated:  July 7, 2017 Type of Presentation: Citation

VIOLATOR:
Rafael Miranda 
 PARKING VIOLATION:
Citation:  #0559 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0559 PK 10-23 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Rafael Miranda was sworn in for testimony; however, Officer Montgomery did not appear, therefore Special Magistrate dismissed the case.
 
C.
17-1267 PK 1 TBD Cruz, Tashera #8727 Patriani

Case Initiated:  06/11/2017 Type of Presentation: Citation

VIOLATOR:
Tashera Cruz
PARKING VIOLATION:
Citation:  541 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
541 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
D.
17-1136 PK 1 TBD Reese, Connie #8727 Patriani

Case Initiated:  05/27/2017 Type of Presentation: Citation

VIOLATOR:
Connie Reese
PARKING VIOLATION:
Citation: 539 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
539 PK  10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
E.
17-1265 PK  1 TBD Compere, Karl #8727 Patriani

Case Initiated: 06/11/2017 Type of Presentation:  Citation

VIOLATOR:
Karl Compere
PARKING VIOLATION:
Citation: 542 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 542 PK  10-23 Parking Regulation  1 @ $50.00 $50.00 $10.00 $18.00 $78.00
Karl Compere was sworn in for testimony; however, Officer Patriani did not appear, therefore Special Magistrate dismissed the case.
 
F.
17-1263 PK N 24th Street Avenue M Gregory, Steven  # 8727 S. Patriani

Case Initiated:  June 11, 2017 Type of Presentation: Citation

VIOLATOR:
Steven Gregory
PARKING VIOLATION: 
Citation #0544 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0544 PK  10-23 Parking Regulations 1 @ $50.00   $50.00  $10.00  $18.00  $78.00
 

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 fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
G.
17-1365 PK 141 Melody Lane Alfonso,Jason Todd Vincent Alesi

Case Initiated:  June 21, 2017 Type of Presentation: Citation

OWNER:
Todd Jason Alfonso
Parking Violation
Citation #0154 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0154PK 10-23 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
H.
17-1367 PK S/E Corner N 2nd St & Marina Way Filipiak, Donald L Vincent Alesi

Case Initiated:  June 21, 2017 Type of Presentation: Citation

VIOLATOR:
Donald L Filipiak
PARKING VIOLATION
Citation #0157 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0157 10-23 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
I.
17-1048 PK Boston Avenue & Depot Drive Hill, Michael Lieutenant Ridle

Case Initiated:  May 8, 2017 Type of Presentation: Citation

VIOLATOR:
Michael Hill
PARKING VIOLATION
Citation #0429 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
0429 PK  10-23 Parking Regulations 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 fee or a total of $78.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
J.
17-1641 A/C 2021 Golfview Ave. Ritchie, Seth BJ Gasparre

Case Initiated:  June 28, 2017 Type of Presentation:  Citation

VIOLATOR:
Seth Ritchie
2021 Golfview Ct.
Fort Pierce, Fl. 34950

 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 206AC 4-50 Registration Required  $250.00 $250.00 $5.00 0 $255.00
 

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 $5.00 administrative fees or a total of $255.00 within 30 days. Failure to pay the total amount within 30 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
C.
17-0599 403 Boston Avenue Genoli Sales 2, LLC Shaun Coss

Case Initiated:  March 23, 2017 Type of Presentation: Regular

OWNER:
Genoli Sales 2, LLC
15003 SW 34th St.
Davie, FL 33331
 
OCCUPIED BY:
Boston Ave New & Used Tires, LLC
403 Boston Ave
Fort Pierce, FL 34950
 

Section(s): 5-1.105.1 Permit Required
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
D.
17-0088 1105 Seaway Dr- Unit C Smith, James Shaun Coss
 
Case Initiated:  January 25, 2017 Type of Presentation: Regular
 
OWNER:
James & Katy Smith
1726 NE Ocean Blvd.
Stuart, FL 34996 
OCCUPIED BY:


 

Section(s): IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 305.5 Interior Handrails & Guards
IPMC 308.1 Accumulation of Rubbish or Garbage
IPMC 402.2 Light- Common Halls & Stairways
IPMC 504.1 Plumbing Fixtures
IPMC 505.3 Water Supply
IPMC 704.2.1 Smoke Alarms
Building Department Investigator Coss read the facts of the case.  He said he met with the property manager yesterday.  The property is in the process of being sold.  All violations are complied except IPMC 304.13.1 Glazing.  Recommends giving them 60 days to comply or a fine of $100.00 per day.
 

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.

 
E.
17-0389 1508 N 16th St. Lewis III, Lucian Shaun Coss

Case Initiated:  February 22, 2017 Type of Presentation: Regular

OWNER:
Lucian Lewis III
475 NW Dover Ct
Port St. Lucie, FL 34983 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
F.
17-0810 3003 Carver St. Theriault, Marcel Shaun Coss

Case Initiated:   April 17, 2017 Type of Presentation: Regular

OWNER:
Marcel Theriault
3325 SW 2nd Ct
Deerfield Beach, FL 33442 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 505.3 Water Supply
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
G.
17-0972 1116 Hernando St. Albers, Nathan Shaun Coss

Case Initiated:  May 8, 2017 Type of Presentation: Regular

OWNER:
Nathan Albers
3640 SE Silver Ct
Stuart, FL 34997 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
I.
17-0746 108 N 18th Ct. Smith, Betty Shaun Coss

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

OWNER:
Betty Smith
6100 Silver Oak Dr.
Fort Pierce, FL 34982 
OCCUPIED BY:
Russell Smith
108 N 18th Ct.
Fort Pierce, FL 34982

Section(s): 5-1.105.1 Permit Required
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
J.
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
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
K.
17-0947 1021 Avenue M Reno, Jan Heather Debevec

Case Initiated:  May 3, 2017 Type of Presentation: Regular

OWNER:
Jan Reno
1709 Garfield Street
Bastrop, TX 78602
OCCUPIED BY:


 

Section(s): 5-368(1) (4) - Property Maintenance
Section(s): 5-368(6) - Fence Maintenance
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
M.
17-0927 1106 N 7th Street Noelke, Joe & Gina Heather Debevec

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

OWNER:
Joe & Gina Noelke LLC
2504 Gray Twig Lane
Ft. Pierce, FL 34950
OCCUPIED BY:
Dunel Charles
1106 N 7th St Apt A
Ft. Pierce, FL 34950
OCCUPIED BY:
Jarnel Edmond
1106 N 7th St Apt B
Ft. Pierce, FL 34950
OCCUPIED BY:
Edna Eristhene
1106 N 7th St Apt C
Ft. Pierce, FL 34950

Section(s): 16-25(C) - Responsibility for Containers
Section(s): 22-187(13) - Landscape Maintenance
Section(s): 16-46, 16-47,16-48(1)(5) - Outside Storage
Section(s): 5-368 - Property Maintenance
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
N.
17-0926 1102 N 7th Street Noelke, Joe & Gina Heather Debevec

Case Initiated:  May 2, 2017 Type of Presentation: Regular

OWNER:
Joe & Gina Noelke LLC
2504 Gray Twig Lane
Ft. Pierce, FL 34950 
OCCUPIED BY:
Alma Washington
1102 N 7th St Apt A
Ft. Pierce, FL 34950
OCCUPIED BY:
Wilbert Edmond
1102 N 7th St Apt B
Ft. Pierce, FL 34950
OCCUPIED BY:
Edelyne Joseph
1102 N 7th St Apt C
Ft. Pierce, FL 34950

Section(s): 16-25(C) - Responsibility for Containers
Section(s): 5-368 - Property Maintenance
Section(s): 22-187(13) - Landscape Maintenance
 
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

 
O.
17-1465 2400 S Ocean Drive 7645 Breslin, Sheila Heather Debevec
 
Case Initiated:  July 1, 2017 Type of Presentation: Regular - R & D
 
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
 

The Special Magistrate found that the violation 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned 9:30 am.
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk