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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, NOVEMBER 15, 2017.
 
1.
CALL TO ORDER:
9:04 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Kenny Nelson - Animal Control Officer
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Cindy Ricker - Alarm Assistant
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-1314 CE 417 North 6th Street Silver Shore Holdings LLC Heather Debevec
 
Case Initiated:  June 17, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Silver Shores Holding LLC
719 Shore Dr
Vero Beach, FL 32963
REGISTERED AGENT:
Carol Bello
719 Shore Dr
Vero Beach, FL 32963

Section(s): 5-368 (6) - Fence Maintenance
 
2.
17-1283 AC 1223 Avenue B Flood, Pernetta Kenny Nelson
 
Case Initiated: June 7, 2017 Type of Presentation: Citation - COMPLIED
 
VIOLATOR:
Pernetta Flood
1223 Avenue B
Ft Pierce, Fl 34950

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
158AC 4-20 Running At Large $50.00 x 1 $50.00 $5.00 $18.00 $73.00
 
3.
17-1572 Cit. 355 South Ocean Drive Avalon Beach Club Heather Debevec
 
Case Initiated: CE  July 15, 2017 Type of Presentation: Citation - CONTINUED
 
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
 
4.
15-1914 2710 Avenue I Brown, Jero Shaun Coss
 
Case Initiated:  October 23, 2017 Type of Presentation: Massey  - DISMISSED
 
ORIGINAL OWNER:
Jero & Crystal Brown
2710 Avenue I
Ft. Pierce, FL 34947
CURRENT OWNER:
TMT Enterprises LLC
811 S 7th Street
Ft. Pierce, FL 34950                                                     

Section(s): 5-1.101.2.1 Unsafe Building
IPMC         304.7 Roofs and Drainage
IPMC         305.3 Interior Surfaces
IPMC         605.2 Electrical Receptacles
 
5.
17-2802 AA 822 Seaway Dr Chuck's Seafood Restaurant Cynthia Ricker
 
Case Initiated: September 22,2017 Type of Presentation: Alarm Appeal - RESCHEDULED
 
APPELLATE:
Chuck's Seafood Restaurant
822 Seaway Dr
Fort Pierce, FL 34982
 
 
Date of Alarm Code Section Bldg. Type # of prior alarms Total Due
07/20/2017 14-24 – Excessive false alarm signals Commercial 0 0
08/8/2017 14-24 – Excessive false alarm signals Commercial 1 $100.00
08/8/2017 14-24 – Excessive false alarm signals Commercial 2 $200.00
08/9/2017 14-24 – Excessive false alarm signals Commercial 3 $400.00
08/13/2017 14-24 – Excessive false alarm signals Commercial 4 $500.00
08/14/2017 14-24 – Excessive false alarm signals Commercial 5 $500.00
08/14/2017 14-24 – Excessive false alarm signals Commercial 6 $500.00
      Total fines $2,200.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-1640 AC 1012 N. 22nd St. Hooper, Vontravis Kenny Nelson
 
Case Initiated: July 13, 2017 Type of Presentation: Citation 
 
VIOLATOR:
Vontravis Hooper
1012 N. 22nd St.
Fort Pierce, FL 34950
 

 
 
Citation # Description Fines / Counts Total Fine AC Fee Admin Fee Total
226AC 4-20 Running At Large $50.00 $50.00 $5.00 $10.00 $65.00
227AC 4-27 Rabies Required $100.00 $100.00 $5.00 $10.00 $115.00
228AC 4-50 Registration Required $250.00 $250.00 $5.00 $10.00 $265.00
Animal Control Officer Kenny Nelson read the facts of the case.  He said he had been called to the residence 3 times.  The violator said he never received notice; however, Kenny produced the signed green card.
 

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 $400.00 plus $15.00 administrative fees and $30.00 late fee or a total of $445.00 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.
17-1258 CE 1100 Colonnades Drive B & L Development LLC Heather Debevec

Case Initiated:  June 13, 2017 Type of Presentation: Regular

OWNER:
B & L Development LLC
1102 Colonnades Dr
Ft. Pierce, FL 34949
 
REGISTERED AGENT:
Rickey Farrell
1595 SE Port Saint Lucie Blvd
Pt. St. Lucie, FL 34952
 

Section: 5-368 - Property Maintenance (4)
 

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.
17-1083 CE 813 S Indian River Dr Wright, John
Wright, Diana
Isaac Saucedo

Case Initiated:  September 18,2017 Type of Presentation: Regular

OWNER:
JOHN WRIGHT
DIANA WRIGHT
813 S INDIAN RIVER DR.
FORT PIERCE, FL 34950
OCCUPIED BY:
 


 

Sec. 9-25. - Proof of business activity; burden of proof on applicant.
Section 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.

 
C.
17-1918 CE 517 Beach Court Aliaga, Frederick A
Reconco, Ethel P
Isaac Saucedo

Case Initiated:  September 18, 2017 Type of Presentation:  Regular

OWNER:
FREDERICK A ALIAGA
ETHEL P RECONCO
517 BEACH CT  
FT PIERCE, FL 34950
OCCUPIED BY:
 


 

Sec. 9-25. - Proof of business activity; burden of proof on applicant.
Section 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.

 
D.
17-1920 CE 820 Atlantic Ave Mcleod, Michael C
Wassylenko, Cathy

Isaac Saucedo
 

Case Initiated:  September 18, 2017 Type of Presentation: Regular

OWNER:
MICHAEL C. MCLEOD
CATHY WASSYLENKO
822 ATLANTIC AVE
FT PIERCE, FL 34950
OCCUPIED BY:
 


 

Sec. 9-25. - Proof of business activity; burden of proof on applicant.
Section 9-27 (B) – Doing Business without a Tax
Code Officer Saucedo read the facts of the case.  

Michael McLeod was sworn in.  He said he had spoke to Vennis Gilmore in Planning and he now understands what needs to be done.  He understands that the ads need to be removed.   Officer Saucedo said nothing has been done yet.  He said the City was requesting one month's rent or $2,300.00.  He presented the ads and said he had sent a friendly letter prior to sending the violation letter.  Mr. McLeod said he received the letter and responded to it.  He said his wife was supposed to remove the ads and he was surprised they were still up.  He said he was out of town from May to August and his mail goes to a mailbox.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Michael C. McLeod and Cathy Wassylenko have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine of $1000.00 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. If rentals continue without a business tax receipt, all utilities to the property are to be suspended.

 
E.
17-1919 CE 808 Atlantic Ave Mcleod, Faith T Isaac Saucedo

Case Initiated:  September 18, 2017 Type of Presentation:  Regular

OWNER:
FAITH T MCLEOD
566 OSBORN ST  
BROOKLYN, NY 11212
OCCUPIED BY:
 

 

Sec. 9-25. - Proof of business activity; burden of proof on applicant.
Section 9-27 (B) – Doing Business without a Tax
Code Enforcement Officer Isaac Saucedo read the facts of the case.  

Michael C. McLeod represented this case also.  He said the notice went to New York and he can't say it was received.  There was a change of ownership and it was registered with the property appraiser.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Faith T McLeod has conducted short term rentals. She did not issue any fines; however, she ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated. She further ordered all utilities to the premises be suspended if the violation continues. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie

 
G.
17-1646 CE 209 North 9th Street Intergrated Real Proeprties Heather Debevec

Case Initiated:  July 26, 2017 Type of Presentation: Regular

OWNER:
Intergrated Real Properties
9114 Forest Hill Blvd #113
West Palm Beach, FL 33411
REGISTERED AGENT:
Walter Stsurin
9638 Shepard Ln
Wellington, FL 33414
INTERESTED PARTY:
Tierone Bank
7105 Corporate Dr
Plano, Tx
 

Section(s): 5-368 (1)(3) - Property Maintenance
 

The Special Magistrate finds a violation does exist and the violators that are not present are deemed to have admitted guilt. She ordered that the violator has 60 days 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, 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 his decision in the Circuit Court of St. Lucie County.

 
H.
17-1484 CE 206 North 8th Street Carlson Family LLC Heather Debevec
 
Case Initiated:  July 5, 2017 Type of Presentation: Regular
 
OWNER:
Carlson Family LLC
2103 Sunrise Blvd
Fort Pierce, FL 34950
TENANT:
Natal Joseph
206 N 8th St Apt. B
Ft. Pierce, FL 34950
REGISTERED AGENT:
William Nielander
172 E Interlake Blvd
Lake PLacid, FL 33852
TENANT:
Leonard Damis
206 N 8th 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 (4) - Parking on Other than Pavement
 

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.

 
I.
17-0587 CE 1001 Seaway Drive Saucier Realty LLC Heather Debevec

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

OWNER:
Saucier Realty LLC
8351 Chinaberry Rd
Indian River Shores, FL 32963
 
REGISTERED AGENT:
Frank Fee Esq
426 Avenue A
Ft. Pierce, FL 34950
 

Section(s): 15-3(C)(3) - Administration and Enforcement Maintenance
Code Enforcement Officer Heather Debevec read the facts of the case.

Ryan Saucier was sworn in but no testimony to give.  He did agree that he could come into compliance within the time limit given.
 

The Special Magistrate found correction #1 on fthe 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.

 

Special Magistrate found that correction #2 of the violation(s) listed on the summary sheet does exist and that Saucier Realty Inc. has committed or is responsible for the violations. She ordered that the violator(s) has 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 $100.00 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.
15-2230 1717 S US Highway 1 Bamboo Palms LLC Shaun Coss

Case Initiated:  December 30, 2015 Type of Presentation: Massey Hearing

OWNER:
Bamboo Palms LLC
% Anne S. Freeman Esq.
300 Turner Street
Clearwater, FL 33756
OCCUPIED BY:
Shoe Town
1717 S US Highway 1 #8
Ft. Pierce, FL 34950
 

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

Attorney Matt McCarthy was representing the owner and agreed to the payment of $1,000.00 to resolve the matter.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $29,730.00 to $1000.00 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.
16-1199 115 Maple Avenue DSSELL Investments Inc. Shaun Coss

Case Initiated: May 9, 2016 Type of Presentation: Massey Hearing

OWNER:
DSSELL Investment Inc.
3746 Whiteway Dairy Road
Ft. Pierce, FL 34947
OCCUPIED BY:


 

Section(s):  5-1.101.2.1 Unsafe Building 
IPMC         108.1.1 Unsafe Structure 
IPMC         108.1.2 Unsafe Equipment
IPMC         108.1.3 Structure Unfit for Human Occupancy
IPMC         304.1 Exterior Structure
IPMC         304.7 Roofs and Drainage 
IPMC         304.13 Windows, Doors & Frames 
IPMC         305.3 Interior Surfaces
IPMC         504.1 Plumbing Fixtures 
IPMC         505.1 Water System
IPMC         605.2 Electrical Receptacles
IPMC         704.1 Fire Protection Systems
Building Department Investigator Coss read the facts of the case.  He said a roof permit has been applied for but nothing else has been done.
 

The Special Magistrate ordered the fines to continue to accumulate until the property is in compliance and a lien should be recorded with the St. Lucie County Clerk of Court.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
17-2350 AA  110 S Ocean Dr Fort Pierce Inlet Beach Resort, LLC    Cynthia Ricker

Case Initiated:  September 6,2017 Type of Presentation: Alarm Appeal - cont 11/1/17

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.  She said the first alarm was a fire alarm and therefore the City would void it.  The other two alarms would be listed as 1 & 2.

Harold Smith was sworn in. He said in March he canceled the alarm company and didn't pay the bill.  The company didn't cancel the account.  He asked the Special Magistrate to waive all fines.
 

Special Magistrate Ross ordered the elimination of alarm #3 and reset the level to #1 with the fine being $100.00. This order will be sent to Cry Wolf for collection.

 
B.
17-2804 AA 608 S Ocean Drive Golden, Kelly Cynthia Ricker

Case Initiated: October 19,2017 Type of Presentation: Alarm Appeal

APPELLATE:
Kelly Golden
772-777-9616
oceanamore@me.com
 

Date of Alarm Code Section Bldg. Type # of prior alarms Total Due
08/1/2017 14-24 – Excessive false alarm signals Residential 0 0
08/13/2017 14-24 – Excessive false alarm signals Residential 1 $50.00 (permit)
08/21/2017 14-24 – Excessive false alarm signals Residential 2 $50.00
Alarm Admiistrator Ricker read the facts of the case.

Kelly Golden was sworn in.  She said the alarm company installed the unit in 2013 but did not inform her of the permit.  She was unaware of the registration and went on line to take an on-line course immediately when she returned home.  She asked that the fines be waived.
 

The Special Magistrate found Kelly Golden responsible for the violations and ordered her to pay $100.00 for the 3 alarms. This order shall be forwarded to Cry Wolf for processing.

 
C.
17-2803 AA 2106 Linda Sue Circle #104 Enge, Michelle Cynthia Ricker

Case Initiated: October 3, 2017 Type of Presentation: Alarm Appeal

APPELLATE:
Michelle Enge
MEANDT28@YAHOO.COM
 

Date of Alarm Code Section Bldg. Type # of prior alarms Total Due
08/20/2017 14-24 – Excessive false alarm signals Residential 0 $50.00 (permit)
09/05/2017 14-24 – Excessive false alarm signals Residential 1 $50.00
Alarm Administrator Ricker read the facts of the case.

Michelle Enge was sworn in.  She said Comcast told her to go to the Police Department to get something done about the alarm motion detector which was faulty.  She hasn't turned on the alarm since then.  She was told she was registered.
 

The Special Magistrate found Michelle Enge responsible for the violations and ordered her to pay $100.00 for the 3 alarms. This order shall be forwarded to Cry Wolf for processing.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Respectfully submitted:



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