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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, NOVEMBER 1, 2017.
 
1.
CALL TO ORDER: 9:00 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
Janey Vanderhorst, Code Enforcement Officer
Shaun Coss, Building Department Investigator
Cindy Ricker, Alarm Asst
#4919 Montgomery, FPPD Officer
#8391 Saintilien, FPPD Officer


 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-1569 1550 South Ocean Drive Beach Villas Hutchinson Island Condominium Association Inc Heather Debevec
 
Case Initiated:  July 15, 2017 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Beach Villas Hutchinson Island Condominium Associantion Inc
1550 S Ocean Dr Apt 1
Ft. Pierce, FL 34949
 
Registered Agent:
Delta Management Group Inc
1713 Rio Vista Dr
Ft. Pierce, FL 34949

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00612CE 5-375(B) Sea Turtle Lighting $100.00 $100.00 $10.00   $110.00
 
2.
17-1572 355 South Ocean Drive Avalon Beach Club Heather Debevec
 
Case Initiated: CE  July 15, 2017 Type of Presentation: Citation - CONT.
 
VIOLATOR:
Avalon Beach Club
430 NW Lake Whitney Place
Port St. Lucie, FL 34986

 
REGISTERED AGENT:
Pinnacle Association Management
430 NW Lake Whitney Place
Port St. Lucie, FL 34986

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00607 CE 5-375(B) Sea Turtle Lighting $100.00 $100.00 $10.00   $110.00
 
3.
17-1570 101 Mariner Bay Boulevard Mariner Bay Association Inc Heather Debevec
 
Case Initiated:  July 15, 2017 Type of Presentation: Citation - PULLED
 
VIOLATOR:
Mariner Bay Association Inc
101 Mariner Bay Blvd
Ft. Pierce, FL 34949
 
Registered Agent:
Elliot Merrill Comm Mgmt
835 20th Pl
Vero Beach, FL 32960
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00611CE 5-375(B) Sea Turtle Lighting $100 $100 $10   $110
 
4.
17-1915 708 Delaware Avenue Saint Louis, Eveline Heather Debevec
 
Case Initiated:  September 2, 2017 Type of Presentation: Citation - PULLED
 
VIOLATOR:
Eveline Saint Louis
1330 Avenue R
Riviera Beach, FL 33404

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00777CE 9-80 Vending without Permit $50.00 $50.00 $10.00   $60.00
 
5.
17-1670 119 Indian Hills Dr.  Patterson, Steven R Isaac Saucedo
 
Case Initiated:  July 28, 2017 Type of Presentation: Regular - COMPLIED
 
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
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-1984 PK 1 TBD Bryan, Jaye #8391 Saintilien

Case Initiated: September 9, 2017 Type of Presentation: Citation

VIOLATOR:
Jaye Bryan
PARKING VIOLATION:
Citation: 26167

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 26167  10-23 Parking Regulation  1 @ $250.00  $250.00  $10.00  $18.00  $278.00
FPPD #8391 Saintilien read the facts of the case.  He said he was patroling the city garage during the week of Hurricane Irma.  He noticed a car parked in the handicap spot.  There are signs saying "handicap only" and he did not see a permit showing in the car.  There were many other empty spaces available to park.

Jaye Bryan was sworn in.  She said she would take the responsibility of parking there.  She thought there would be extinuating circumstances as the downtown area was closed due to the hurricane.  She has learned her lesson.
 

The Special Magistrate found a violation does exist and JAYE BRYAN is responsible for the violation. She reduced the fine from $250.00 to $50.00 plus $10.00 administrative fees and $18.00 late fee for 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.
17-1921  PK  1 TBD Bozeman, David & Jessica  #4919 Montgomery

Case Initiated:  9/3/2017 Type of Presentation:  Citation

VIOLATOR:
David & Jessica Bozeman
PARKING VIOLATION:
Citation:  566 PK

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

The Special Magistrate found a violation does exist and the violators that are not present are deemed to have admitted guilt. It was 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.
17-1555 PK TBD Torres, Feliciano & Neshine #4919 Montgomery

Case Initiated:  07/07/2017 Type of Presentation:  Citation

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
FPPO #4919 Montgomery read the facts of the case.  He said the parking spaces were for cars not trailers.  

Feliciano Torres was sworn in.  He said Jaycee Park had no spots available to park his lawn trailer.  He said the signs said for boat trailers only.  The other signs said no parking on grass so what was he supposed to do. 
 
Code Compliance Manager Arraiz said when the parking lot is full at Jaycee Park people should check the other free parking lots in the City.  She also said they could park in the overflow parking area in the future. 
 

After hearing the testimony of the violator, Special Magistrate Ross dismissed the case.

 
D.
17-1991 PK 1 TBD Allen, Nikita   #8540  Trinidad

Case Initiated:  9/11/2017 Type of Presentation: Citation

VIOLATOR:
Nikita Allen
PARKING VIOLATION:
Citation: 578 PK

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

The Special Magistrate found a violation does exist and the violators that are not present are deemed to have admitted guilt. It was 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.
17-1571 801 South Ocean Drive Sea Pointe Towers of Ft. Pierce Heather Debevec
 
Case Initiated:  July 15, 2017 Type of Presentation: Citation
 
VIOLATOR:
Sea Pointe Towers of Ft. Pierce
801 S Ocean Dr
Ft. Pierce, FL 34949
 
Registered Agent:
Richard Phillips
801 S Ocean Dr #101
Ft. Pierce, FL 34949
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00609CE 5-375(B) Sea Turtle Lighting $100 $100 $10   $110
 

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.
17-1846 807 Avenue G Oakshire Holdings LLC Heather Debevec
 
Case Initiated:  August 25, 2017 Type of Presentation: Regular
 
VIOLATOR:
Oakshire Holdings LLC
110 SE 6th St Ste 1700
Ft. Lauderdale, FL 33301
 
REGISTERED AGENT:
Moishe Rubinstein
6100 Hollywood Blvd 305
Hollywood, FL 33024
 

Section(s): 22-187(13) - Landscape Maintenance
IPMC 304.1 - Exterior Structure - General
IPMC 304.2 - Protective Treatment
Code Enforcement Officer Debevec read the facts of this case.  There was no representation from the violating party present.
 

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.

 
C.
17-0593 701 South Ocean Drive Sun Development Tech LLC Heather Debevec
 
Case Initiated:  March 29, 2017 Type of Presentation: Regular
 
VIOLATOR:
Sun Development Tech LLC
3669 Park Ln
Miami, FL 33133

 

Section(s): 16-46, 16-47, 16-48 (8) - Nuisance - Stagnant Water
Code Enforcement Officer Debevec read the facts of this case.  There was no representation from the violating party present.  She said she spoke to Jacque Michele a few days earlier and he is working on the pool trying to bring it into compliance.  
 

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.
17-1824 421 North 10th Street Dellepere (TR), Patricia Heather Debevec
 
Case Initiated:  August 22, 2017 Type of Presentation: Regular
 
VIOLATOR:
Patricia Dellepere (TR)
1841 Banks Rd
Margate, FL 33063

 

Section(s):  22-187(13) - Landscape Maintenance
IPMC 302.7 - Accessory Structure
 

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.
17-1223 1601 Georgia Avenue De Florio, David Andy Avery
 
Case Initiated:  June 8, 2017 Type of Presentation: Regular 
 
OWNER:
David De Florio
1775 Trowbridge Road
 Ft Pierce, FL 34945
OCCUPIED BY:
James R Spells
1603 Georgia Avenue
Ft Pierce, FL 34950

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-Indoor Furniture
Section(s): 16-46, 16-47, 16-48 – Nuisance as a Condition
 

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.
17-1046 1218 S 11th Street Arenas, Raul N Andy Avery

Case Initiated: August 25, 2017  Type of Presentation: Regular - Cont from 10/18/17 Meeting

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
 

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)
 
A.
15-2219 104 Roselyn Avenue Johnston, Barbara L Shaun Coss

Case Initiated:  December 29, 2015 Type of Presentation: Massey Hearing

OWNER:
Barbara L. Johnston
3190 SW Armucher Street
Port St. Lucie, FL 34953
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said he received a letter from Barbara Johnston requesting the City to stop the fines from accruing.  She also authorized her husband to represent her at the hearing.

Paul Michael Johnston was sworn in.  He said the original contractor failed to do the work.  He had to hire another contractor and start all over again.  He said after the inspection there were a few minor changes that needed to be done to bring the property into compliance but he needed a little more time.  He hoped to have everything done by Christmas.
 

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 allow property owner to correct the violations. 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.
15-2188 435 N 23rd Street Greit LLC Shaun Coss

Case Initiated:  December 21, 2015 Type of Presentation: Massey Hearing

OWNER:
Greit LLC
10700 SW Southgate Court
Port St. Lucie, Fl 34987
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.

Devon Gibbs was sworn in.  He said he was the new owner and he did the work.  Due to this he was requesting a reduction to $1500.00.  Staff is agreeable to this.
 


The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $38,530.00 to $1500.00 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.

 
C.
16-2381 2106 Avenue G Charuvi, Mordehay Shaun Coss

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

OWNER:
Mordehay Charuvi
 400 NE 12th Ave  Apt 504
Hallandale Beach, FL 33009
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC         304.13         Windows, Doors, & Frames
IPMC         304.18         Building Security
IPMC         605.1           Electrical Equipment
IPMC         605.2           Electrical Receptacles
IPMC         506.2           Sanitary Drainage System Maintenance
Building Department Investigator Coss read the facts of the case.  He said the property is vacant, there is a potential sell, and they expect to close on November 6, 2017.  

Mordehay Charuvi was sworn in via telephone conference.  After hearing Staff's recommendation for reduction he asked for even lower.  He said no one is living there at this time. 

Mr. Coss said the property is not being maintained.  The grass is overgrown.  He said Staff is still recommending the reduction to administrative costs.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $14,730.00 to $1290.86 payable at closing (expected closing date November 6, 2017). If not paid 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

 
D.
16-2819 607 N 19th Street Hartman, Ariel & Charuvi, Mordehay Shaun Coss

Case Initiated: December 15, 2016 Type of Presentation: Stop Fines - Massey

OWNER:
Ariel Hartman & Mordehay Charuvi
400 NE 12th Avenue Apt 504
Hallandale, FL 33009
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building,
Section(s): 5-1.105.1    Permit Required
IPMC         108.1.1       Unsafe Structure
IPMC         304.1          Exterior Structure
IPMC         304.13        Windows, Doors & Frames 
IPMC         304.13.2     Openable Windows
IPMC         305.3          Interior Surfaces 
IPMC         305.4          Walking Surfaces
IPMC         505.1          Water System
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 said he met with the local representative (Ben)  in August but none of the violations have been cured and there are no permits in place.  He recommended continuing the fines and record a lien a week later to allow the closing and the sale to go through.

This was a continuation of the telephone conference with Mr. Charuvi.  He said he talked to the contractor (Ben) and was told many of the violations had been taken care.  However, he was also told that he, Ben, needed help from other contrators as he was not licensed to do some of the work.  He said his tenants were not very cooperative.  They did not let him know when there were problems nor would they let his managing team inside to check the building out.  He learned about the problems when he received a letter from the city.

Mr. Coss said he inspected just a few days ago and found none of the violations had been corrected.  

Mr. Charuvi said he understood and would get everything taken care of within the time period given.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines continue accruing at $100.00 per day until property is in compliance. If not complied by November 7, 2017 a lien will be recorded at the St. Lucie County Clerk of Court’s office. After the property is in compliance Mr. Charuvi can come back before her for a reduction request.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
17-2350  110 S Ocean Dr Fort Pierce Inlet Beach Resort, LLC    Cynthia Ricker
 
Case Initiated:  September 6,2017 Type of Presentation: Alarm Appeal - CONT.
 
APPELLATE:
Fort Pierce Inlet Beach Resort
Angela Robinson 
110 S. Ocean Drive
Fort Pierce, FL 34949

 
 
Date of Alarm Code Section Bldg. Type # of prior alarms Total Due
08/9/2017 14-24 – Excessive false alarm signals Commercial   0  0
08/12/2017 14-24 – Excessive false alarm signals Commercial   1 $100.00
08/21/2017 14-24 – Excessive false alarm signals Commercial    2 $200.00
Alarm Administrator Ricker read the facts of the case.

Harold Smith was sworn in.  He said they got a new fire and alarm system two years ago and the salt air has had a lot of affect on the system.  The alarm in the kitchen has gone off several times. They have called TLS (Total Life Safety) to come out and adjust them.  Also they registered with the county and didn't know they had to register with the city also.  

Ms. Ricker said this was not the fire alarm going off but the panic alarm.  This had Mr. Smith confused and he asked for a continuance to give him a chance to check into this as he was under the impression it was the fire alarm that he was being cited for.
 

Special Magistrate Ross continued this case until the November 15th hearing.

 
B.
17-1865 210 Savannah Road Heathcote Botancial Gardens     Cynthia Ricker

Case Initiated: August 16,2017 Type of Presentation:   Alarm Appeal

APPELLATE:
Diane Kimes, Executive Director of Gardens
210 Savannah Road
Fort Pierce, FL 34982

 

Date of Alarm Code Section Bldg. Type # of prior alarms Total Due
07/2/2017 14-24 – Excessive false alarm signals Commercial   0 0
07/19/2017 14-24 – Excessive false alarm signals Commercial   1 $100.00
07/23/2017 14-24 – Excessive false alarm signals Commercial   2 $200.00
Alarm Assistant Ricker read the facts of the case.  She said officers were dispatched on several occassions and there is no permit on file.  This is a commercial account and the fines are $100.00 per incident.  Staff agreed to waive the registration fee.  

Diane Kimes was sworn in.  She said they had not been properly notified about the registration. They were'nt notified until after they saw the public notice to the neighborhood.  Ms. Ricker said there had been a news release on the web site, in the newspaper, and two public hearings.  Ms. Kimes said they were used to registering with the county, not the city.  She said they were a small non-profit that relied on volunteers and contributions to help keep it running.  She said the alarms that went off were motion detectors.  The gardens is located in an area of the city that has highly sensitive beams.  They have contacted their alarm company ADT and given them updated contact information.  She is the first person to be called and only to send someone out if a second alarm goes off.
 
Ms. Ricker recommended dropping the level to #1 and the fines to $100.00.
 
 

Special Magistrate Ross ordered eliminate alarm number 3 and reset the level to 1 with the fine being $100.00. This order will be sent to Cry Wolf for collection. Also, ADT should be notified that they should not send anyone out until they have been notified by Heathcote Botanical Gardens.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned: 10:30 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk