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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, DECEMBER 6, 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
Janey Vanderhorst - Sr. Code Enforcement Officer
Andy Avery - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Barbara J Gasparra - Animal Control Officer
Kenny Nelson - Animal Control Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-2388 PK 100 Block N Depot Lane Prado, Virginia Quintas Vincent Alesi
 
Case Initiated: October 11, 2017 Type of Presentation: Citation - PAID
 
VIOLATOR:
Virginia Quintas Prado
Parking Violation:
Citation  # 0336  PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
# 0336 PK 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
2.
17-2397 PK Marina Way & N 2nd Street Guerin,  Angela, R Vincent Alesi
 
Case Initiated: October 13, 2017 Type of Presentation: Citation - PAID
 
VIOLATOR:
Angela R Guerin
Parking Violation:
Citation # 0340 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
0340  PK 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
3.
17-1492 CE 1008 Avenue F Dellepere (TR), Patricia Heather Debevec
 
Case Initiated:  July 7, 2017 Type of Presentation:  Regular - COMPLIED
 
OWNER:
Patricia Dellepere (TR)
1841 Banks Rd
Margate, FL 33063
 
OCCUPIED BY:
Ellis Fletcher
1008 Avenue F
Ft. Pierce, FL 34950
 

Section(s): 5-368 (1)(4) -  Property Maintenance
Section(s): 16-46, 16-47, 16-48 (1)(5) -  Outside Storage
 
 
4.
17-1813 CE 221 North US Highway 1 Lemen Inc Heather Debevec
 
Case Initiated:  August 19, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Lemen Inc
3401 S US Highway 1, Ste 2
Ft. Pierce, FL 34982
REGISTERED AGENT:
Elizabeth Mendez
3401 S US Highway 1 Ste 2
Ft. Pierce, FL 34982
INTERESTED PARTY:
Heller & Zion, LLP
1428 Brickell Ave, Ste 700
Miami, FL 33131
 

Section(s): 5-368(1)  (4) - Property Maintenance
Section(s): 22-187(3) - Landscape Maintenance
 
5.
17-1734 CE 2714 Rhode Island Avenue Wright, Mary C Andy Avery
 
Case Initiated: August 9, 2017  Type of Presentation: Regular - PULLED
 
OWNER:
Mary C Wright
2714 Rhode Island Avenue
Ft Pierce, FL 34947
OCCUPIED BY:
 

 

Section(s): 5-368 (6) - Fence Maintenance
 
6.
17-1762 CE 201 N 29th Street Jimenez, Claudio Andy Avery
 
Case Initiated: August 18, 2017  Type of Presentation: Regular - PULLED
 
OWNER:
Claudio Jimenez
201 N 29th Street
Ft Pierce, FL 34950
OCCUPIED BY:
 

 

Section(s): 16-46, 16-47, 16-48 (10)(D) - Non-Operable Vehicles
Section(s): 11-11 - Storage of Commodities
Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 22-187 (13) - Landscape Maintenance
 
0.
17-1717 CE 903 Citrus Ave Williams, Kimberly Isaac Saucedo
 
Case Initiated:  August 5, 2017 Type of Presentation:  Regular - COMPLIED
 
OWNER:
KIMBERLY WILLIAMS
1102 IBIS AVE  
FORT PIERCE, FL 34982
OCCUPIED BY:
 

 

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
Section(s): 5-368 (6) – Fence Maintenance
Section(s): 16-46, 16-47, 16-48 (8) – Nuisance – Stagnant Water
 
 
8.
07-3546 LN 1707 Sunset Isles Road Brown, Sherry A Peggy Arraiz
 
Case Initiated:  September 11, 2007 Type of Presentation: Lien Reduction - PULLED
 
PREVIOUS OWNER:
Sherry A. Brown
1707 Sunset Isles Road
Ft. Pierce, FL 34949
CURRENT OWNER:
Eric B Lowenhaupt & Barbara A. Hunsberger
1707 Sunset Isles Road
Ft. Pierce, FL 34949

Section(s): 5-368 Property Maintenance
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-2288 PK 109 N 2ND ST  Consalvo, Stacy Ewing Vincent Alesi

Case Initiated:  September 27,2017 Type of Presentation: Citation

VIOLATOR:
Stacy Ewing Consalvo
Parking Violation:
Citation # 0118 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
0118 PK 10-23 Parking Regulation $50.00 x 1 $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 $50.00 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.
17-2333 PK 20 Orange Ave Alfonso, Todd Jason Vincent Alesi

Case Initiated: October 04, 2017 Type of Presentation: Citation

VIOLATOR:
Todd Jason Alfonso
Parking Violation:
Citation  #0148 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
0148 PK 10-23 Parking Regulation $50.00 x 1 $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 $50.00 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.
17-2855 AC 335 Hernando St. Smith, Tracie Kenny Nelson

Case Initiated: October 3, 2017 Type of Presentation: Citation

VIOLATOR:
Tracie Smith
335 Hernando St.
Fort Pierce FL. 34950
 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
236AC 4-21 Running At Large $50.00 x 1 $50.00 $10.00 $5.00 $65.00
237AC 4-21 Running At Large $50.00 X 1 $50.00 $10.00 $5.00 $65.00
238AC 4-27 Rabies Vaccination Reg. $100.00 x 1 $100.00 $10.00 $5.00 $115.00
239AC 4-27 Rabies Vaccination Req. $100.00 x 1 $100.00 $10.00 $5.00 $115.00
240AC 4-51 Registration Tag Req. $50.00 x 1 $50.00 $10.00 $5.00 $65.00
241AC 4-51 Registration Tag Req. $50.00 x 1 $50.00 $10.00 $5.00 $65.00
Animal Control Officer BJ Gasparre read the facts of the case.  Mr. Bie was walking his dogs on the beach and they were attacked by two dogs. The dogs belonged to Ms. Smith.  The dogs were quaranteened for 10 days.  At this time Ms. Smith got the rabies and tags. She is taking care of all medical bills. 

November 2, 2017 another bite report for dog on dog.  These dogs were Ms. Smith's and  Mr. Shell's.  The dogs had to be declared dangerous as there were two incidents in a year.  Ms. Smith is appealing this decision. 
 
Timothy Bie was sworn in.  He said his 5 year old 60 lb. Pointer (service dog) was on leash out for a walk.  Two dogs approached him and tackled his dog.  They tried to separate the dogs but his dog did get wounded.  Vet bill was between $800 and $900.  

Robert Shell was sworn in.  He said he was walking his 10 year old 25 lb. Westie by Archie's.  He saw the dogs coming after them and tried to get control but they got attacked.  Holy Family did surgery.  The bill was $1,900.

Ms. Smith's dogs were also hurt and were taken to the Humane Society. She took them to the vet and while there got the rabies shot for one of them but not the female as there was another dog fight.  

Code Compliance Manager Peggy Arraiz quoted the ordinance stating if more than 1 attack, the dog must be declared dangerous.  Ms. Smith has been cooperative and has complied with all requirements and has paid the vet bills.

Tracy Smith was sworn in.  She said she had just moved here and left when the hurricane was approaching.  When she returned she didn't know the fence had been damaged.  When she let the dogs out they got loose.  Animal control was called when they attacked Mr. Shell's dog.  They were taken to the Humane Society.  When Ms. Smith arrived at the Humane Society she found her dogs had been injured.  She took them to the vet.  This is when she got the rabies for the male.  The female did not get the rabies as there was another fight.

She did not pay both vet bills as she had not heard from Mr. Bie.  She said other dogs have been running loose also.  The reason for her appeal is she doesn't know what to do.  Officer Nelson said the door being left open is also an issue.  

Charity Kidd was sworn in.  She was there as a character witness for Ms. Smith.  She said the dogs are good with people.

Sharon Kalish was sworn in.  She is the manager of the duplex and they have a good relationship with the tenants and knows the dogs.  She didn't know about the attacks.  She received notice that the door knobs weren't working properly.  They were replaced within two weeks.  She had no comment from Ms. Smith that there was a problem with her door and considered the landlord issue answered.  She said the handyman fixed the fence and the gate.
 

Special Magistrate Ross read the description of a dangerous dog. She said Ms. Smith has complied to everything but the running at large. There is sufficient evidence to declare each dog dangerous.

 
F.
17-2310 AC 2717 Oak Alley Dr. Nutt, Stephen BJ Gasparre

Case Initiated:  October 4, 2017 Type of Presentation: Citation

VIOLATOR:
Stephen Nutt
2717 Oak Alley Dr.
Fort Pierce, FL 34950
 

 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
211AC 4-40 Public Nuisance $50.00 $50. 00 $10.00 $5.00 $65.00
Animal Control Officers Gasparre and Kenny Nelson read the facts of the case.  They said they had multiple calls on the constant barking of the dogs.  The neighbor had submitted video of the dogs barking.

Stephen Nutt was sworn in.  He said there are 6 homes with dogs on his street.  His neighbor, Mr. Bennet, is in violation of the home owner's association as he has kayak boats and they finally allowed them as long as they were covered.  He said the Animal Control and Police Department has been to his house and the dogs are not barking.  He has had an independent company analize the tape and they say the tape has been altered.  None of the other neighbors have complained.
 

Special Magistrate after hearing the testimony and evidence presented dismissed the case.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
17-1174 CE 512 N 27th St. Units A, B, C Fort Pierce Holdings LLC Shaun Coss
 
Case Initiated:  June 5, 2017 Type of Presentation: Regular
 
OWNER:
Fort Pierce Holdings LLC
211 NW 5th Ave
Hallandale, FL 33009 
OCCUPIED BY:


 

IPMC 108.1.1, Unsafe Structure
IPMC 108.1.3, Structure Unfit for Human Occupancy
IPMC 304.1, Exterior Structure
IPMC 304.6, Exterior Walls
IPMC 304.7, Roofs and Drainage
IPMC 304.10, Stairways, Decks, Porches & Balconies
IPMC 304.13, Windows, Doors & Frames
IPMC 304.13.1, Glazing
IPMC 304.14, Insect Screens
IPMC 305.2, Structural Members
IPMC 305.3, Interior Surfaces
IPMC 305.4, Walking Surfaces
IPMC 309.1, Infestation
IPMC 402.3, Light- Other Spaces
IPMC 502.1, Required Facilities
IPMC 504.1, Plumbing Fixtures
IPMC 505.1, Water System
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. 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 her decision in the Circuit Court of St. Lucie County.

 
B.
17-0418 CE 1921 - 1923 Avenue D Garota Gata LLC Shaun Coss

Case Initiated:  February 27, 2017 Type of Presentation: Regular

OWNER:
Garota Gata LLC
ATTN: Henry Regan
9314 Forest Hill Blve #313
West Palm Beach, FL 33411
OTHER:
Corporation Service Company
Registered Agent for Garota Gata LLC
1201 Hays St.
Tallahassee, FL 32301 

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

 
C.
17-1010 CE 906 N 22nd St. Hicks, Cassandra Shaun Coss

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

OWNER:
Cassandra Hicks
5810 Spanish River Rd.
Fort Pierce, FL 34951 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 505.3 Water Supply
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 605.2 Electrical Receptacles
IPMC 704.2.1 Smoke Alarms
Building Inspector Coss read the facts of case. Mr. Coss said this was a tenant complaint.  He spoke to the Hicks this morning and they have hired a contractor and request 90 days to complete the job.  Staff is agreeable to this.

Cassandra Hicks was sworn in.  She said she was under the impression this was a complaint about stucco and plumbing done to the house.  The house is occupied and they agree the 90 day extension should be enough time to correct the violations.
 

Special Magistrate found that a violation does exist and that Cassandra Hicks has committed or is responsible for the violations. She ordered that the violator has 90 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.

 
D.
17-1167 CE 1506 Avenue I Bain, Eurilla Shaun Coss

Case Initiated:  June 5, 2017 Type of Presentation: Regular

OWNER:
Eurilla Bain
1506 Avenue I
Fort Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and presented photos.  He said the permit was applied for but it has not been issued as of this date.

Eurilla Bain was sworn in.  He said he has hired a contractor, and they have applied for a permit.  He said he should be able to get everything done within the time period given.
 

Special Magistrate found that a violation does exist and that Eurilla Bain 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.

 
E.
17-1168 CE 409 Cedar Pl Cruickshank, Cephus Shaun Coss

Case Initiated:  June 5, 2017 Type of Presentation: Repeat

OWNER:
Cephus Cruickshank
2312 N 44th St.
Ft. Pierce, FL 34946
 
OCCUPIED BY:



 

Section(s): 5-1.101.2.1 Unsafe Building
?IPMC 302.3 Sidewalks & Driveways
IPMC 304.1 Exterior Structure
IPMC 304.6 Exterior Walls
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical 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. 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 $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.

 
F.
16-0027 CE 411 Cedar Pl (East Unit) Cruickshank, Cephus Shaun Coss

Case Initiated:  January 6, 2017 Type of Presentation: Repeat

OWNER:
Cephus Cruickshank
2312 N 44th St.
Fort Pierce, FL 34946
 
OCCUPIED BY:



 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Windows, Doors & Frames
IPMC 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.1 Exterior Structure
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13.1 Glazing
IPMC 304.13.2 Openable Windows
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 309.1 Infestation
IPMC 404.7 Food Preparation
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.4 Wiring
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. 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 $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.

 
G.
17-0388 CE 605 Ixoria Ave 1-B Cosa Nostra Investments LLC Shaun Coss

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

OWNER:
Cosa Nostra Investments LLC
228 Hibiscus St, Suite 5
Jupiter, FL 33458
 
OTHER:
Diane Burns
Registered Agent for Cosa Nostra Investments LLC
11419 Orange Grove Blvd
West Palm Beach, FL 33411
 

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

 
H.
17-1194 CE 315 S 17th St (Upstairs Unit) Lazare, Ermith Shaun Coss

Case Initiated:  June 6, 2017 Type of Presentation: Repeat

OWNER:
Ermith Lazare
3406 Menedez Ave
Fort Pierce, FL 34947
 
OCCUPIED BY:



 

Section(s): IPMC 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.6 Exterior Walls
IPMC 304.7 Roofs & Drainage
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13 Windows, Doors & Frames
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 504.3 Plumbing System Hazards
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
IPMC 704.2.1 Smoke Alarms
Building Department Investigator Coss read the facts of the case and presented photos.  He said he spoke to a contractor and they are moving forward with the correction of violations.  

Ermith Lazare was sworn in.  He said the place was occupied with adults and the complaint came from a tenant.  He was working on getting the violations corrected.
 

Special Magistrate found that a violation does exist and that Ermith Lazare 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.

 
J.
17-1496 CE 1008 Avenue F Unit B Dellepere (TR), Patricia Heather Debevec

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

OWNER:
Patricia Dellepere (TR)
1841 Banks Rd
Margate, FL 33063
 

 

Section(s):  5-368 (4) (7) - Property Maintenance
 
Code Enforcement Officer Heather Debevec presented the facts of the case.  She provided photos that were marked as Exhibit 1.

Patricia Dellapere was sworn in.  She said they were almost complied.  The paint and wood has been ordered but it will still be 30 days.
 

Special Magistrate after listening to the facts said she would continue this case for 30 days.

 
L.
17-1457 CE 1502 Yosemite Ct Spells, Jason
King, Cheryl 
Janey Vanderhorst

Case Initiated:  July 03, 2017 Type of Presentation:  Regular

VIOLATOR:
Jason Spells
Cheryl King
1502 Yosemite Ct
Fort Pierce, FL 34982
OCCUPIED BY:



 
Wilmington Trust National Assoc
1505 N Florida Ave
Tampa, FL 33062


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 5-368 (6) – Fence Maintenance
Section 5-368 (4) - Property Maintenance
Section 5-368 (1) - 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 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.

 
M.
17-2322 CE 325 Hernando St Fazio, Charles
Rosa, Wanda
Sierra, Taina
Heather Debevec

Case Initiated:  October 5, 2017 Type of Presentation: Regular

OWNER:
Charles Fazio
Wanda Rosa
Taina Sierra
325 Hernando Street
Ft. Pierce, FL 34949
 

 

Section(s):  9-25 - Proof of business activity
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.

 
N.
17-2323 CE 1128 Hernando Street Scott, Matthew
Scott, Becky
Heather Debevec

Case Initiated:  October 5, 2017 Type of Presentation: Regular

OWNER:
Matthew Scott
Becky Scott
206 NE 80th Avenue
Okeechobee, FL 34974
 

Section(s):  9-25 - Proof of business activity
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.

 
O.
17-2865 CE 1841 Gulfstream Avenue Crincolli, Anthony Heather Debevec
 
Case Initiated:  November 14, 2017 Type of Presentation: Regular - Repeat
 
OWNER:
Anthony Crincolli
1841 Gulfstream Ave
Ft. Pierce, FL 34949
 

 

Section(s): 9-25 - Proof of business activity; burden of proof on applicant.
Section(s): 9-27 (B) - Doing Business without a Tax
Code Enforcement Officer Debevec read the facts of the case.  Mr. Crincolli was cited in April, 2017 and  he was charged $1,500.00.  There are now two ads.  He did take one down but one is still up and running.  Ms. Debevec presented photos of people coming and going from the vacant unit. 

Anthony Crincolli was sworn in.  He said he did not know about the vacation ad.  He says the second ad is bogus, that he didn't set it up.  He said he does not do short term rental.  The building has 3 units.  One is rented; a year at a time, one is vacant and being repaired, and he lives in the third one.    Mr. Crincolli said he learned the ad was up about a week ago and he demanded they take it down.
 

Special Magistrate found that the violation(s) listed on the summary sheet does exist and that Anthony Crincolle has conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine of $150.00 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. 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

 
P.
17-1572 CE Cit 355 South Ocean Drive Avalon Beach Club Heather Debevec

Case Initiated:  July 15, 2017 Type of Presentation: Citation

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
00607CE 5-375(B) Sea Turtle Lighting $100.00 $100.00 $10.00   $110.00
 

Special Magistrate continued this hearing for March 31, 2018.

 
R.
17-1761 CE
 
2808 Avenue B
 
Hunt, Dianne
Willimgham, Nita L
Andy Avery
 

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

OWNER:
Dianne Hunt
Nita L Willingham
2808 Avenue B
Ft Pierce, FL 34947
OCCUPIED BY:
 


 

Sections(s): 16-46, 16-47, 16-48 (10)(D) - Non-Operable Vehicles
 
 

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.

 
T.
17-1410
CE
610 N 23rd Street Bellamy, Richard (EST) Andy Avery
 
Case Initiated: August 22, 2017  Type of Presentation: Regular
 
OWNER:
Richard Bellamy (EST)
610 N 23rd Street
Ft Pierce, FL 34950
OCCUPIED BY:
 


 

IPMC 304.6 -    Exterior walls. 
IPMC 304.13 -  Window, skylight and door frames. 
IPMC 304.2 -    Protective treatment.
IPMC 302.7 -    Accessory structures. 
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.

 
0.
17-1840 CE 1302 Avenue O Blakely, Adriene D Isaac Saucedo
 
Case Initiated:  August 25,2017 Type of Presentation: Regular
 
OWNER:
ADRIENE D BLAKELY
2107 N 41ST ST  
FORT PIERCE, FL 34946
OCCUPIED BY:
TENANT
1302 AVENUE O
FORT PIERCE, FL 34950

Section 22-187 (13) – Landscape Maintenance
IPMC 302.7 - Accessory structures
IPMC 304.2  - Protective treatment 
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 

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.

 
0.
17-2251 CE 1405 N 15th St Mathieu, Josette
Joseph, Marie
Isaac Saucedo

Case Initiated:  September 27, 2017 Type of Presentation: Regular

OWNER:
JOSETTE MATHIEU
MARIE JOSEPH
6001 SPRUCE DR
FORT PIERCE, FL 34982
OCCUPIED BY:
 


 

Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 22-187 (13) – Landscape Maintenance
IPMC         304.2 Protective treatment.
 

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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
15-0643 MS 1204 N 25th Street Drummond, Kenneth Shaun Coss

Case Initiated:  April 23, 2015 Type of Presentation: Massey

PREVIOUS OWNER:
Kenneth L & Patricia Drummond
4900 Matanzas Avenue
Ft. Pierce, FL 34946
 
CURRENT OWNER:
David Edwards/Walford Campbell/Leroy Campbell
1880 NW 140th Terrace
Pembroke Pines, FL 33028
 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-368 Property Maintenance
IPMC 108.1.1 Unsafe Structure
IPMC 304.10 Stairways, Decks, Porches & Balconies
IPMC 304.13.2 Openable Windows
IPMC 304.14 Insect Screens
IPMC 304.15 Exterior Doors
IPMC 404.7 Food Preparation
IPMC 502.1 Required Facilities
IPMC 503.1 Toilet Room Privacy
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.3 Luminaries
IPMC 605.4 Wiring
IPMC 704.1 Fire Protection Systems
IPMC 604.3.2.1 Fire Damaged Electrical Equipment
Building Department Investigator Coss read the facts of the case.  He said there was a tax deed sale; however, we had not filed the lien on the property and did not receive any of the funds.  He recommended reducing the fines to $1500.00 for each case.

Walford Campbell, the new owner, was sworn in.  He asked for further reduction and denied it was an income producing property.  He was agreeable to the reduction.  He said there was a tax deed sale and there were excess funds.  However; the city had not filed a lien on the property, therefore, the city did not receive any of the excess funds.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $39,230.00 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.

 
B.
15-1339 MS 1204 N 25th Street Drummond, Kenneth L Shaun Coss

Case Initiated:  August 12, 2015 Type of Presentation: Massey

PREVIOUS OWNER:
Kenneth L & Patricia a Drummond
4900 Matanzas Avenue
Ft. Pierce, FL 34946
CURRENT OWNERS:
David Edwards, Leroy Campbell, Walford Campbell
1880 NW 140th Terrace
Pembroke Pines, FL 33028

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said there was a tax deed sale; however, we had not filed the lien on the property.  He recommended reducing the fines to $1500.00 for each case.

Walford Campbell, the new owner, was sworn in.  He was agreeable to the reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $39,230.00 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.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
98-2952 LN 519 N 19th Street Woods, George Peggy Arraiz

Case Initiated:  4/20/1998 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
George Woods
519 N 19th Street
Ft. Pierce, FL 34950
CURRENT OWNERS:
George Woods (Est)
12399 SE Plandone Drive
Hobe Sound, FL 33455

Section(s): 11-10 (A) (1) Scraps & Waste
Code Compliance Manager Arraiz read the facts of the case.  She explained the City's "fast forward" options of satisfying the lien. 

Troy Mihok, Mr. Woods representative, stipulated to option 2 where he is agreeable to paying $3,000 to obtain the release of lien.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and ordered the lien reduced from $68,050.00 to $3000.00 payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
8.
OTHER CASES
 
A.
17-2802 AA 822 Seaway Dr Chuck's Seafood Restaurant Cynthia Ricker

Case Initiated: September 22,2017 Type of Presentation: Alarm Appeal cont 11/15/17

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
10/26/2017 14-24 - Excessive false alarm signals Commercial 7 $500.00
      Total fines $2,700.00
Alarm Assistant Ricker read the facts of the case.

Peter Angelos was sworn in for testimony.  He said there was something going on with his alarm company.  He said he called the company that there was a problem but they haven't been out yet.  The alarm company has Tom Sykes listed to call, but Mr. Sykes has not worked for them for years.  He said he hasn't received any  calls from the alarm company either for at least a year.  When he did get a call he would go immediately to check it out.
 
Ms. Ricker has requested work orders for the alarms; however, what she has received are prior to these alarms.
  
Code Compliance Manager Arraiz said there is a problem with the alarm company and suggested continuing the case until January.
 

After hearing the facts of the case and testimony of Mr. Peter Angeles the Special Magistrate continued this case until January 17, 2018. She also instructed Mr. Angelos to bring someone in with him from the alarm company.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned 11:20 a.m.
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk