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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, OCTOBER 18, 2017.  DUE TO RECORDING MALFUNCTION UNABLE TO GET AUDIO OF THE PROCEEDINGS.
 
1.
CALL TO ORDER:
9:08 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Andy Avery
Code Enforcement Officer - Isaac Saucedo
Code Enforcement Officer - Vince Alesi
Code Enforcement Officer - Heather Debevec
Building Department Investigator - Shaun Coss
Police Officer #8278 - Woodruff
Police Officer #8303 - Rahn

 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
a.
17-1678 820 Orange Avenue Hatfield, James Heather Debevec
 
Case Initiated:  August 1, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
James Hatfield
P O BOX 4447
Ft. Pierce, FL 34948
OCCUPIED BY:
Anyelo Gonzalez Salcedo
820 Orange Ave
Ft. Pierce, FL 34950

Section(s): 16-46, 16-47, 16-48 (10) (D) - Non- Operable Vehicles
 
b.
17-1370 1005 Avenue M Torkaman, Gholamreza Heather Debevec
 
Case Initiated:  June 23, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Gholmreza Torkaman
470 SE 12th PL
Vero Beach, FL 32962
 
TENANT:
Danielle Parrish
1005 Avenue M Apt A
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
 
c.
17-1673
 
206 Hialeah Ave
 
Gilbert, Ronald
Gilbert, Lynrose
Isaac Saucedo
 
 
Case Initiated:  July 28, 2017 Type of Presentation:  Regular - COMPLIED
 
VIOLATOR:
Ronald Gilbert
Lynrose Gilbert
344 NW Heather St.
Port Saint Lucie, Fl 34983
 
TENANT
206 Hialeah Avenue
Ft. Pierce, FL 34950


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
d.
17-1670 119 Indian Hills Dr.  Patterson, Steven R Isaac Saucedo
 
Case Initiated:  July 28, 2017 Type of Presentation: Regular - CONT.
 
VIOLATOR:
Steven R Patterson
370 E Midway Road
Ft. Pierce, FL 34982
TENANT:
119 Indian Hills Drive
Ft. Pierce. FL 34982
 

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
 
e.
17-1463 603 N 8th Street Gilbert, Roland & Lynrose Heather Debevec
 
Case Initiated:  July 29, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Ronald & Lynrose Gilbert
603 N 8th Street
Ft. Pierce, Fl 34950
 
Occupied By:
Daisy Chincilla
603 N 8th Street
Ft. Pierce, Fl 34950
 

Section(s): 16-46,16-47,16-48 (11) - Outside Storage of Indoor Furniture
 
f.
16-0682 1031 S Indian River Dr. Koch(TR), Edward & Gayle Shaun Coss
 
Case Initiated:  March 21, 2016 Type of Presentation: Regular - CONT.
 
OWNER:
Edward L Koch (TR) & Gayle A Koch (TR)
1031 S Indian River Dr.
Fort Pierce, FL 34950 
OCCUPIED BY:
 

 

Section(s): 5-318.101 Floodplain Development Permit Required
 
g.
17-1312 419 North 6th Street 419 N 20th Street LLC Heather Debevec
 
Case Initiated:  July 29, 2017 Type of Presentation:  Regular - COMPLIED
 
OWNER:
419 N 20th St LLC
386 NE Greenbriar Ave
Port Saint Lucie, FL 34983
TENANT:
Lyonel Edmond
419 N 6th St
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 of Indoor Furniture
 
 
h.
17-1555 PK TBD Torres, Feliciano & Neshine #4919 Montgomery
 
Case Initiated:  07/07/2017 Type of Presentation:  Citation - Cont. 11/1/17
 
VIOLATOR:
 Feliciano & Neshine Torres
PARKING VIOLATION:
Citation: 560 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 560 PK 10-23 Parking Regulation  1 @ $50.00  $50.00  $10.00  $18.00  $78.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-1790 PK Orange Ave Parking Lot Collins, Edwards Ryan Vincent Alesi

Case Initiated: August 16,2017 Type of Presentation: Citation

VIOLATOR:
Ryan Edward Collins
Parking Violation:
Citation #0169 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
0169 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.

 
B.
17-1615 PK  TBD Green, Katrina & Williams, Lloyd #8303 Rahn
 
Case Initiated:  07/15/2017 Type of Presentation:  Citation
 
VIOLATOR:
 Katrina Green & Lloyd Williams
PARKING VIOLATION:
Citation: 21538 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 21538 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 $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.

 
C.
17-1828 PK 1 TBD Eveline Louis #8278 Woodruff

Case Initiated:  08/04/2017 Type of Presentation:  Citation

VIOLATOR:
Louis, Eveline
PARKING VIOLATION:
Citation: 547 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 547 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.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
17-1827 1401 North US Highway 1 Reach Thrift Store Heather Debevec
 
Case Initiated:  August 22, 2017 Type of Presentation: Regular
 
OWNER:
Kraaz & Kraaz Finance LLC
201 S 2nd St Ste 206
Ft. Pierce, FL 34950
OCCUPIED BY:
Reach Thrift & Cafe
1401 N US Highway 1
Ft. Pierce, FL 34950
 
OTHER NAMES:
Hans Kraaz 
124-A N 2nd Street
Ft. Pierce, FL 34950
OTHER NAMES:
Soterios Bouchlas
1821 Gulfstream Avenue A
Ft. Pierce, FL 34949

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

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.

 
B.
17-1046 1218 S 11th Street Arenas, Raul N Andy Avery
 
Case Initiated: August 25, 2017  Type of Presentation: Regular 
 
OWNER:
Raul N Arenas
1218 S 11th St
Ft Pierce, FL 34950
 
OCCUPIED BY:

 

 

Section(s): 22-22 (a – e) – Basic Zoning Districts – Conditional Uses
Section(s) 9-27 (B) – Doing Business without a Tax
Code Officer Avery read the facts of the case.  He said Mr. Arenas has been trying to pull the ads and recommended continuing the case until the November 1 hearing.

Andrew Drucker was sworn in for testimony.  He said when he was talking to Mr. Avery he asked if there were any other problems.  He said he was told it would take 90 to 180 days to get the conditional use permit approved.  He was told he would have to pull all ads and stop advertising until the conditional use was approved.
 
Mr. Avery said he spoke with Brandon Creagon in the planning department and he said they had applied for the permit but no payment was received.
 

After hearing the case Special Magistrate continued it until November 1 hearing.

 
C.
17-1372 1201 North 10th Street Merryman, Patrick Heather Debevec
 
Case Initiated:  July 29, 2017 Type of Presentation: Regular
 
OWNER:
Patrick Merryman
690 Woodbine Way Apt 615
Riviera Beach, FL 33418
Tenant:
Kenneth Hawes
1201 N 10th St Apt A
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 5-368 (6) - Fence Maintenance
IPMC 304.14 - Insect Screens
 

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.

 
D.
17-1045 1011 Boston Avenue  Deese, Kevin J & Heather L Andy Avery
 
Case Initiated: August 25, 2017  Type of Presentation: Regular 
 
OWNER:
Kevin J & Heather L Deese
1011 Boston Avenue
Ft Pierce, FL 34950
OCCUPIED BY:
 

 

Section(s): 22-22(s): (a – e) – Basic Zoning Districts – Conditional 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 KEVIN J & HEATHER L DEESE 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. She further ordered that after the 30 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.

 
E.
17-1838 1106 S Ocean Drive Kareem, Ayesha Heather Debevec
 
Case Initiated:  August 24, 2017 Type of Presentation: Regular
 
VIOLATOR:
Ayesha Kareem
5141 Hawkhurst Ave
Southwest Ranches, Fl 3331

 

Sections(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.

 
F.
17-1526 2021 Golfview Ct Cumerma, Cesar & Roberto Isaac Saucedo
 
Case Initiated: July 12, 2017 Type of Presentation:  Regular
 
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.
Code Officer Saucedo read the facts of the case and presented photos which were marked as Exhibit 1.  Although Elias Jensen was present he chose not to speak.
 

On Section(s) 22-187 (13) (a) (b) 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.

On Section(s) 5-368 (1) (4) the Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Cesar Cumerma has committed or is/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 $150.00 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)
 
A.
16-2208 907 Citrus Avenue Mulgrew, Shane Shaun Coss

Case Initiated:  September 16, 2016 Type of Presentation: Stop Fines / Massey

VIOLATOR:
Shane Mulgrew
214 Southern Avenue
Ft. Pierce, FL 34950
 

Section: 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 403.2 Bathrooms and Toilet Rooms Ventilation
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.2.1 Smoke Alarms
This was a telephone conference call between the Code Enforcement Dept. and Daria Ryan. Building Department Investigator Coss presented the case.  He said Waylon Willis is interested in purchasing the property and knows all about the fines and violations.  His intention is to bring the property into compliance but he needs more time to do so. He recommended stopping the fines as of the hearing date and allow him 60 days to follow through with his intentions.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing for 60 days to obtain a permit and comply to all conditions of the permit. . If not corrected within this time period the fines will begin again and a lien will be filed with the St. Lucie County Clerk of Court.

 
B.
15-1199 1803 S 27th Street Villanova, Raymond
Kalidonis, George
Shaun Coss

Case Initiated:  July 27, 2015 Type of Presentation: Massey Hearing

OWNER:
George Kalidonis
Raymond R Villanova
5061 N A1A  Apt. 302
Ft. Pierce, FL 34949
OCCUPIED BY:



 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC          108.1.2 Unsafe Equipment
IPMC          309.1 Infestations
IPMC          603.1 Mechanical Equipment
IPMC          605.1 Electrical Equipment
IPMC          605.2 Electrical Receptacles
IPMC          704.1 Fire Protection Systems
Building Department Investigator Coss read the facts of the case.  He has been in contact with Mr. Villanova.  The tenant has not been very cooperative.

Raymond Villanova was sworn in for testimony.  He said the tenant would not allow the final inspection and therefore he was the cause of the problem. However, he was told the responsibility lies with the owner.  He agreed to the $750.00 reduction recommended by the Special Magistrate.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $50,330.00 to $750.00 payable in 30 days. If not paid within the 30 day 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.

 
C.
16-1756 2525 S 25th Street St. Nicholas Greek Orthodox Church Shaun Coss

Case Initiated:  July 21, 2016 Type of Presentation: Massey Hearing

OWNER:
St. Nicholas Greek Orthodox Church, Inc. 
2525 S 25th Street
Ft. Pierce, FL 34981
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said the delay was due to the urban forester not doing the final inspection and approving the permit.  He recommended waiving the fines.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be waived.

 
D.
15-1112 3794 Oleander Avenue Faith Baptist Church of FP Shaun Coss

Case Initiated:  July 15, 2016 Type of Presentation: Contest Fines - Massey

OWNER:
Faith Baptist Church of FP
3607 Oleander Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:
Faith Baptist Church of FP
3794 Oleander Avenue
Ft. Pierce, FL 34982 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said the space was previously used for ministry work.  Now it is an assemby area.  He read a letter from Pastor Hodge. 

Pastor Hodge was sworn in for testimony.  He stated a team from Texas has agreed to look at the project, but it would be later in the season and he was there to help the Churches that get into trouble.  He said they began to eliminate property in order to pay for the violations.  He said they reduced their debt from $4,000,000 to $200,000.  He said the hurricane created the delay.   There were delays every where you looked and there were few people who could invest in helping to make repairs and buy necessary supplies. They use the building two (2) times a week for Church and he doesn't feel it's fair to fine them for seven (7) days a week.
 
Special Magistrate Ross explained that they have had 4 extensions at 60 days each to bring the property into compliance.  All that was needed was a permit and then come into compliance of the permit.  She said although it may only have services twice a week; it is still a Church for seven (7) days a week.

She denied the request to stop the fines from accruing and said it doesn't seem to be any closer to compliance now than it was two (2) years ago.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines continue to accrue and record the lien.

 
E.
15-0737 5205-5211 Okeechobee Road Public Storage Inc Shaun Coss

Case Initiated:  May 13, 2015 Type of Presentation: Massey Hearing

OWNER:
Public Storage Inc.
Dept. Pt Fl 20216
P. O. Box 25025
Glendale, CA 91221
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said one (1) unit had permit, one (1) did not.  The fines began when the permit expired.  

Andrew Capranos, District Manager was sworn in.  He said the plumber applied for the permit but gave the wrong address.  He has sustained a substantial amount of costs due to this error.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $42,830.00 to $750.00 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
 
10.
OLD BUSINESS
Meeting adjourned 10:10 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk