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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, SEPTEMBER 20, 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
Shaun Coss: Building Department Investigator
Vince Alesi: Code Enforcement Officer
Andy Avery: Code Enforcement Officer
Officer Anton FPPD Police Officer #8681
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-1205 PK 1 TBD Mulholland, Dustin FPPD #7090  Ortiz
 
Case Initiated:  05/29/2017 Type of Presentation:  Citation - COMPLIED
 
VIOLATOR:
Dustin Mulholland
PARKING VIOLATION:
Citation: #33515 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 33515 PK  10-23 - Parking Regulation   1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 
2.
17-1427 PK 131B N 2nd Street Verrenthia, Tashonne Joseph Vincent Alesi
 
Case Initiated:  June 28, 2017 Type of Presentation:  Citation - COMPLIED
 
VIOLATOR:
Joseph Tashonne Verrenthia
PARKING VIOLATION:
Citation: #0213 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0213 PK 10-23 - Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
3.
17-1526 2021 Golfview Ct Cumerma, Cesar & Roberto Isaac Saucedo
 
Case Initiated: July 12, 2017 Type of Presentation:  Regular - CONTINUED
 
VIOLATOR:
Cesar Cumerma
Roberto Cumerma
3746 Whiteway Dairy Rd
Fort Pierce, Fl 34947
TENANT
2021 Golfview Court
Ft. Pierce, FL 34950

 

Section(s) -  5-368 (1) (4) - Property Maintenance
Section(s) - . 22-187 (13) (a)(b) - General landscaping requirements.
 
4.
17-1350 706 Garden Avenue Mackey, Randolph (LF EST) Isaac Saucedo
 
Case Initiated:  June 22, 2017 Type of Presentation:  Regular - COMPLIED
 
VIOLATOR:
Randolph H Mackey (LF EST)
706 Garden Avenue
Ft Pierce, FL 34982
 

 


 

Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
5.
17-1760 CE 3047 S  US Hwy 1 Southeastern Freight Lines Janey Vanderhorst
 
Case Initiated:  January 11, 2017 Type of Presentation: Regular - CONTINUED
 
VIOLATOR:
Chris Reynolds
Director of Safety
Southeastern Freight Lines
420 Davega Road
Lexington, SC 29073
OTHER NAMES:
William H. Nipper
3601 Cottonwood Dr
Ft Pierce, FL 34981

 
OTHER NAMES:
Southeastern Freight Lines
Keith Heaton, Vice President
420 Davega Rd
Lexington, SC 29073
OTHER NAMES:
Clifford L. Bourke, Jr.
420 Davega Rd
Lexington, SC 29073
 
 
Section(s): 17-6 Improper Use of Sidewalks.
 
6.
17-1007 3107 Hibiscus Ave Aime, Marielie Bien Shaun Coss
 
Case Initiated:  May 11, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Marielie Bien Aime
1112 Sunrise Blvd
Fort Pierce, FL 34950
 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
                   IPMC 603.1 Mechanical Equipment
                   IPMC 605.1 Electrical Equipment
 
7.
17-0887 1908 Colonial Rd. Dotson, Delores  Shaun Coss
 
Case Initiated:  April 27, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Delores Ann Dotson
1908 Colonial Rd.
Fort Pierce, FL 34950
 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.105.4.1.2 Expired Permit
 
8.
17-1494 PK 100 Blk Atlantic Ave Brown, Michael J. Vincent Alesi
 
Case Initiated:  July 5, 2017 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Michael John Brown Jr.
PARKING VIOLATION:
Citation:  #0132 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0132 PK 10-23 Parking Regulation 1 @ $50.00  $50.00 $10.00 $18.00 $78.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-0166 PK  1 TBD Mage, Christine FPPD #8709  Berger
 
Case Initiated:  01/17/2017 Type of Presentation:  Citation
 
VIOLATOR:
Christine Mage
PARKING VIOLATION:
Citation:  #0166 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0166 PK  10-23 - Parking Regulation  1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 

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 $58.00 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.

 
B.
17-1210 PK 1 TBD Hall, Christopher FPPD #7090 Ortiz

Case Initiated:  05/29/2017 Type of Presentation:  Citation

VIOLATOR:
Christopher Hall
PARKING VIOLATION:
Citation: #33514 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 33514 PK   10-23 - Parking Regulation  1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 

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 $58.00 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.

 
C.
17-1219 PK 1 TBD Garcia, Victor FPPD #7090  Ortiz

Case Initiated:  05/29/2017 Type of Presentation:  Citation

VIOLATOR:
Victor Garcia
PARKING VIOLATION:
Citation:  #33516 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 33516 PK  10-23 - Parking Regulation  1 @ $30.00  $30.00 $10.00 $18.00 $58.00
 

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 $58.00 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.
17-1222 PK 1 TBD Warner, Sandra FPPD #8681 Anton

Case Initiated:  05/17/2017 Type of Presentation:  Citation

VIOLATOR:
Sandra Warner
PARKING VIOLATION:
Citation: #34254 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 34254 PK  10-23 -  Parking Regulation   1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 

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 $58.00 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.

 
F.
17-1421 PK Opposite 122 N 2nd St Kristan, A Mitchell Vincent Alesi

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

VIOLATOR:
Mitchell A Kristan
PARKING VIOLATION:
Citation: #0214 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 0214 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.

 
I.
17-1415 CE Area wide Eggleston, Kevin Heather Debevec

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

OWNER:
Kevin Eggleston
2017 SE Monroe St
Stuart, FL 34997
CITATION CODE ENFORCEMENT:
Citation # 00603CE

 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00603CE 15-5(6) Prohibited Signs  $50.00 X 16 $800.00 $10.00  n/a $810.00
 

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 for a total of $810.00 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
 
A.
17-1149
 
3101 Okeechobee Road
 
Leobardo Mata
Barajas, Rosa
Andy Avery
 

Case Initiated: July, 2017  Type of Presentation: Regular 

OWNER:
Leobardo Mata
Rosa Barajas
1005 S 8th Street
Ft Pierce, FL 34950
 
OCCUPIED BY:
Julien Walky 
3101 Okeechobee Road
Ft Pierce, FL 34950

 

Section(s): 9-27 (B) – Doing Business without a Tax
Code Officer Avery read the facts of the case and presented photos that were marked as Exhibit 1.  He said this address was next door to Haisley Funeral Home.

Leobardo Mata was sworn in for testimony.  He said this violation should pertain to the tenant rather than the property owner.  He has notified the tenant about the business tax but nothing has been done.  He provided Staff with a telephone number for Mr. Walky.  

Officer Avery explained that notice was sent to all parties involved; however, it is the property owner's responsibility to bring the violation up to code and he would be the party fined and liened if not corrected.  

Mr. Mata said he would speak to the tenant again and see that this was taken care of.  
 

Special Magistrate found that the violation listed on the summary sheet does exist and that Leobardo Mata has committed or is responsible for the violations. She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. 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. She further ordered that after the 10 day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie

 
D.
17-1521 2404 Oleander Avenue Stevenson (EST), Joan R Isaac Saucedo

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

VIOLATOR:
Joan R. Stevenson (EST)
2404 Oleander Avenue
Ft. Pierce, FL 3498

 

Section(s):  5-368 (1) (4) - 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
 

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.

 
F.
17-0896 1904 S 30th St. Viramontes, Luis Shaun Coss

Case Initiated:  April 28, 2017 Type of Presentation: Regular

OWNER:
Luis Viramontes & Nancy Medina
1904 S 30th St
Fort Pierce, FL 34947
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and presented photos marked as exhibit 1.

Heidi Yusley-Medina Ponce and Nancy Medina were sworn in for testimony.  They said Luis was their father.  When they received the notice they took it to him.  He said he did the paperwork and turned it in to the city but didn't know it wasn't approved.  They have now hired a contractor out of Okeechobee but due to the hurricane there has been a delay.  They asked for more time but Special Magistrate Ross reminded them that after they apply and obtain the permit they then have 180 days to comply.
 

Special Magistrate found that a violation does exist and that Luis Viramontes & Nancy Medina 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 all 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 her decision in the Circuit Court of St. Lucie County.

 
G.
17-1025 1210 S 12th St. Garcia, Sandra Shaun Coss

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

OWNER:
Sandra Garcia
1210 S 12th St.
Ft. Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case and presented photos which were marked as Exhibit 1.

Isaac Saucedo was sworn in as translator.  Sandra L. Garcia was sworn in.  She said she has applied for the permit and learned afterward that she needed separate permits.  She is in the process of getting both permits now.
 

Special Magistrate found that a violation does exist and that Sandra L Garcia 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 all 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 her decision in the Circuit Court of St. Lucie County.

 
J.
17-0805 721 Hernando St. Celentano Jr., Frank J Shaun Coss

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

OWNER:
 Frank J Celentano Jr.
1815 Melaleuca Dr.
Fort Pierce, FL 34949 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
                    IPMC 304.10 Stairways, Decks, Porches & Balconies
Building Department Investigator Coss read the facts of the case and presented photos which were marked as composite exhibit 1.  He said the permit was for the stairs and second floor deck.  He said this was a commercial building consisting of 4 units.  Two units are rented out and the other 2 units have been vacant for the last 12 months.

Frank Celantano was sworn in.  He admitted the allegations to be true and agreed 60 days would be enough time to get the permits and make the corrections.

Investigator Coss said this was a 4 unit building and does qualify as a commercial structure.  However the owner-builder exemption applies to commercial structures with 4 units or more when the entire building is owned and utilized by the owner.  At this time his daughter is the only occupant so the other two units would have to remain vacant for at least a year and the stairs would need drawings.  If Mr. Celantano hires a contractor to pull the permits and do the work he can then rent out the other units.

Mr. Celantano said he would hire a contractor.  He said he would hire a contractor and do whatever it would take.  
 

Special Magistrate found that a violation does exist and that Frank J Celentano, Jr. 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 all 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 her decision in the Circuit Court of St. Lucie County.

 
K.
17-1026 909 Ave B (202 - 206) Dundas Ct Mackey, Damion Shaun Coss

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

OWNER:
Damion Mackey
133 N 12th St.
Ft. Pierce, FL 34950
 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator read the facts of the case and presented photos marked as exhibit 1.  He said he spoke with Mr. Mackey today before the meeting and he agreed to pull the permits for the shed and the fence and he would secure the structure.  He said he would wait until he had the time and the money to make repairs to the other structures.

Damion Mackey was sworn in.  He agreed 60 days would be enough time.  Special Magistrate Ross reminded him that he was a repeat violator and if the violations were not corrected in the time frame given the fines could be more.

Code Enforcement Manager Arraiz informed him of the new ordinance allowing the poly-carbonate type plexiglass for securing the windows.  She said this would allow him or the police to see if anything illegal was going on inside the structure.
 

Special Magistrate found that a violation does exist and that Damion Mackey 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 all conditions of the permit. In the event the violations are not cured or complied within the time period given, a fine of $250.00 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.

 
L.
17-0655 711 Avenue E McElhaney Investments Inc Shaun Coss

Case Initiated:  June 27, 2017 Type of Presentation: Repeat Violator

OWNER:
McElhaney Investments Inc
Attn: Tamekia McElhaney
1531 SW 63rd Terr
Pompano Beach, FL 33311
OCCUPIED BY:



 

Section(s):
IPMC 5-1.101.2.1 Unsafe Building
IPMC 5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 304.1 Exterior Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 305.6 Interior Doors
IPMC 403.2 Bathrooms & Toilet Rooms Ventilation
IPMC 503.1 Toilet Room Privacy
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 704.1 Fire Protection Systems
IPMC 704.2.1 Smoke Alarms
 

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 her decision in the Circuit Court of St. Lucie County.

 
M.
17-1008 910 Rhode Island Ave Alexis, Resilhomme Shaun Coss

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

OWNER:
Resilhomme & Erfilia Alexis
910 Rhode Island Ave
Fort Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 305.3 Interior Surfaces
IPMC 502.1 Required Facilities
IPMC 504.1 Plumbing Fixtures
 

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 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
Meeting adjourned 9:45 am.
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk