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Minutes for Special Magistrate 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, JANUARY 3, 2018.
 
1.
CALL TO ORDER: 9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:

Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer
Kenny Nelson - Animal Control Officer
Shaun Coss - Building Department Investigator
Dina Hermoso - Stormwater Engineering Manager
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-2666 PK 1 TBD Sutton, Elizabeth &
Greto, Vittorio
#4919 Montgomery
 
Case Initiated:  10-22-2017 Type of Presentation: Citation - PAID
 
VIOLATOR:
Elizabeth Sutton & Vittorio Greto
PARKING VIOLATION:
Citation:34654 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 34654 10-23 Parking Regulation  1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 
2.
17-2667 PK  1 TBD White, David #4919 Montgomery
 
Case Initiated:  10-22-2017 Type of Presentation:  Citation - PAID
 
VIOLATOR:
David White
PARKING VIOLATION:
Citation: 34655 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 34655 PK  10-23 Parking Regulation  1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 
3.
17-2670 PK  1 TBD  Lopez, Jessenia   #4919 Montgomery
 
Case Initiated:  10-22-2017 Type of Presentation:  Citation - PAID
 
VIOLATOR:
 Jessenia Lopez
PARKING VIOLATION:
Citation:34658 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 34658 PK 10-23 Parking Regulation  1 @ $30.00 $30.00 $10.00 $18.00 $58.00
 
4.
 
17-2792 PK Orange Ave Parking Lot Jacobs & Davis, P.A. Vincent Alesi
 
Case Initiated: November 3, 2017 Type of Presentation: Citation - PAID
 
VIOLATOR
Jacobs & Davis, P.A.
PARKING VIOLATION:
Citation #7472
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7472 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
5.
17-0691 CE 711 S 9th St Florida Cottages LLC Shaun Coss
 
Case Initiated:  April 6, 2017 Type of Presentation:  Regular - PULLED
 
OWNER:
Florida Cottages LLC
Attn: Maria Arrubla, Reg. Agent
2825 N Indian River Dr
Fort Pierce, FL 34946 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
IPMC          605.1 Electrical Equipment
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
17-2693 PK S/S Atlantic Av- East of IRD Knapp, Jill Elise Vincent Alesi
 
Case Initiated: October 25, 2017 Type of Presentation: Citation
 
VIOLATOR:
Jill Elise Knapp
PARKING VIOLATION:
Citation #7452
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7452 10-23 Parking Regulation $50.00 x 1 $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.

 
B.
17-2740 PK N/S Foot of Ave A /Cobb’s Marina EAN HOLDINGS LLC Vincent Alesi
 
Case Initiated: October 27, 2017 Type of Presentation: Citation
 
VIOLATOR
EAN HOLDINGS LLC
PARKING VIOLATION:
Citation #7461
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7461 10-23 Parking Regulation $50.00 x 1 $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.
17-2845 PK S/S Atlantic Ave & Melody Lane Shevlin, Amy Rebecca Vincent Alesi
 
Case Initiated: November 9, 2017 Type of Presentation: Citation
 
VIOLATOR
Shevlin, Amy Rebecca
PARKING VIOLATION:
Citation #7485
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7485 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
Code Enforcement Officer Alesi read the facts of the case and presented photos marked as Exhibit 1.  He said the violator was in violation of the 2 hour parking ordinace.  Ms. Shevlin has appealed this violation.

Amy Shevlin was sworn in.  She said she works at 200 Indian River Drive and was running late.  She parked in this spot and went out on her break to move the car.  She pulled out but found no parking spaces available so she parked in the same spot.  

Special Magistrate asked how the officer time stamped to know what the 2 hour parking violation is.  Code Compliance Manager Arraiz said Staff checks and takes pictures of where the tires are located when they first see the vehicle and then afterwards.  She looked at the pictures again and said it was too close for her to call.  The Special Magistrate and Ms. Arraiz compared the photos (1) 11:04 am and (2) 1:52 pm.  They concluded the markings were the same.

Special Magistrate said she would accept the fact that Ms. Shevlin moved the car and waived the late fee.
 

The Special Magistrate found a violation does exist and ordered Amy Shevlin pay the amount on the citation but waived the $18.00 late fee for a total of $60.00 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.

 
D.
 
17-2793 PK North Depot Lane CDA Roofing Consultants LLC Vincent Alesi
 
Case Initiated: November 3, 2017 Type of Presentation: Citation
 
VIOLATOR
CDA Roofing Consultants LLC
PARKING VIOLATION:
Citation #7471
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7471 10-23 Parking Regulation $50.00 x 1 $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.

 
E.
 
17-2830 PK 109 N 2nd Street Valcourt, Anthony Vincent Alesi
 
Case Initiated: November 8, 2017 Type of Presentation: Citation
 
VIOLATOR
Anthony Valcourt
PARKING VIOLATION:
Citation #7480
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7480 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
Code Officer Alesi read the facts of the case and presented photos which were marked as exhibit 1.  The photos showed the violator was parked opposite the traffic flow.

Anthony Valcourt was sworn in.  He said he had a meeting at the main courthouse in Ft. Pierce.  He said the parking lot was full and their system was experiencing a problem.  He was new to the area and just parked the car.   He was going to pay but lost his ticket and called the wrong place to find out where to pay.  

 
 

The Special Magistrate found a violation does exist. It was ordered that Anthony Valcourt pay the amount on the citation but waived the $18.00 late fee or a total of $60.00 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.
17-2832 PK S 2nd St & Boston Ave Stanley, Kyle Thomas Vincent Alesi
 
Case Initiated: November 8, 2017 Type of Presentation: Citation
 
VIOLATOR
Stanley, Kyle Thomas
PARKING VIOLATION:
Citation #7481
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7481 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
Code Officer Alesi read the facts of the case and presented photos marked as exhibit 1.  The photos show the violator parked going in the opposite direction.

Kyle Stanley was sworn in.  He said he was taking a friend to the courthouse and they were in a big hurry.  He knew he did wrong and pleaded his case as he is not working at this time.
 

The Special Magistrate found a violation does exist. It was ordered that Kyle Thomas Stanley pay the amount on the citation but waived the $18.00 late fee or a total of $60.00 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.

 
G.
17-2898 PK Opposite  20 Orange Ave Metayer, Esther Vincent Alesi
 
Case Initiated: November 17, 2017 Type of Presentation: Citation 
 
VIOLATOR:
Esther Metayer
 
PARKING VIOLATION:
Citation #4905
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 4905 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
Code Officer Alesi read the facts of the case and presented photos showing the violator parked against traffic flow.

Esther Metayer was sworn in.  She said this was her first time in the area and was looking for an address. She parked the car and got out and started walking.  When she got back there was a ticket.  She said she came to the office to pay it and Officer Alesi explained what the process was including her right to appeal.  She decided to appeal the ticket.
 

The Special Magistrate found a violation does exist. It was ordered that Esther Metayer pay the amount on the citation but waived the $18.00 late fee or a total of $60.00 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.
#17-1820 CE  423 North 10th Street Dellepere (TR), Patricia Heather Debevec

Case Initiated:  August 19, 2017 Type of Presentation: Regular

OWNER:
Patricia Dellepere (TR)
1841 Banks Rd
Margate, FL 33063
TENANT:
Marquise Lewis
423 N 10th St
Ft. Pierce, FL 34950

Section(s):  16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
Section(s):  5-368 (1)(3)(4) - Property Maintenance
 
Code Officer Debevec read the facts of the case.  She said the vehicle was still there, the roof has not been repaired and according to the tenant it's leaking inside the home.

Patricia Dellepere was sworn in.  She has called several roofers but has had no luck getting any of them to agree to do the work.  The car belongs to the tenant and she has it parked another lot.  She said if the tenant doesn't remove it, she will evict them.  She asked for at least 60 days to give her more time to hire a contractor to repair the roof.  

Code Compliance Manager Arraiz said Staff would withdraw section(s): 16-46, 16-47, 16-48 (10) (D) on the non-operative vehicle violation and green tag it instead.  
 

Special Magistrate found that a violation does exist and that Patricia Dellepere 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 $50.00 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.
17-1496 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 Officer Debevec read the facts of the case.  She said the wooden steps and railings have been painted and they did put some rock down but it was still exposed.

Patricia Dellepere who was still sworn in said she would put more rock down.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Patricia Dellepere has committed or is 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 $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 her decision in the Circuit Court of St. Lucie County.

 
C.
17-1906 CE 3218 Sunrise Blvd Gray Fox Properties Inc Shaun Coss
 
Case Initiated:  September 1, 2017 Type of Presentation: Regular
 
OWNER:
Gray Fox Properties Inc
Attn: Kenny Fuchs, Reg. Agent
8187 S Indian River Dr.
Ft Pierce, FL 34982
OCCUPIED BY:



 

Section(s): 5-93.1(B) Regulation of Stormwater Runoff
Building Investigator Coss read the facts of the case and gave a brief history of the property.  The neighbors were complaining about the water running off of this property down onto theirs.  Staff requested the stormwater manager to make an inspection and she found no problems.  She said the property owner is responsible for run-off.  The complaintant does not have a water drainage system. 

Kenneth Fuchs was sworn in.  He said his property is in compliance and any water from this property runs into a small retention area.  The neighbor has no culvert and he didn't know how they put a driveway in without a culvert or plan for run-off. 

Patricia Stevens, complainant, says #3216 is her home and a builder built it in 1989 as a spec home.  Whether he was supposed to put a culvert in the driveway was up back then to the county.  Her property is still in the county and she wasn't aware that #3218 was annexed into the city. The house sat unfinished for years.  She is the person who suggested the city tear the house down.  No one has ever told her it needs a culvert and that it has devalued the area properties.  If she needs one, she will put one in.

Dina Hermoso, the stormwater manager said she has made three (3) inspections and both owners retain storm water.  Number 3216 there is no way to pass the water and she recommends to the two property owners to contact St. Lucie County and tell them they need to find a solution.  

Ms. Stevens feels she is being passed from one entity to another.  She is willing to do whatever is needed to improve the drainage. She said she just wants to keep her property clean, neat and looking good.  She said if you look at the culvert pipe and the survey flag it is there and she doesn't understand why it is on the edge of her property line.

Investigator Coss said the original construction documents were with St. Lucie County along with the drive-way and they had to be approved by St. Lucie County.  Since it was annexed after the facts, the city has no records as to who approved the culvert, what codes it met and Staff has to assume Mr. Fuch's culvert is in compliance.  When the house was demolished, the property was sodded as required by Florida Building Code.  The code does not require the lot to be made as it was prior to construction.  Based off of Ms. Hermosa's testimony Staff's recommendation would be to not find a violation.

Staff has no solution.  Special Magistrate asked Ms. Hermoso to talk with them and see what has to be done to correct this matter.  She then ordered continuing the case.  
 

Special Magistrate continued the case

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
15-1420 Msy 406 Decordre Court Castor, Simon P. Shaun Coss

Case Initiated:  August 25, 2015 Type of Presentation: Massey

OWNER:
Simon Castor
207 Dixieland Drive
Ft. Pierce, FL 34982
OCCUPIED BY:


 

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

Simon Castor was sworn in.  He said he was trying to make the property look better by replacing the windows instead of covering them with plastic.  The contractor forgot to call for inspection and the permit expired.  He renewed the contract, had it inspected, and now was seeking a reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $17,830.00 to $750.00 payable in 60 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.
15-1033 808 S 12th Street Douge', Mario Shaun Coss

Case Initiated: July 7, 2015 Type of Presentation: Lien Reduction

OWNER:
Mario Douge'
808 S 12th Street
Ft. Pierce, FL 34950
 

Section(s): 5-1.105.1 Permit Required
Building Investigator Coss read the facts of the case.  He said the due process was done but mail was not forwarded and they were not aware of the violations.

Mario Douge was sworn in.  Mr. Douge said he thought it was the pavers not the windows that were being cited.  He said his wife had been very sick and he had forgotten about it.  He presented medical records.  He had proof that he put in a change of address but the notice was not forwarded to him. 

Code Compliance Manager Arraiz said they found out the post office does not forward government mail.  She said Staff had no objection to the reduction.  

Mr. Douge said the medical issues were continuing and they were leaving again.  He just wanted to get this matter cleared up.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $66,840.00 to $300.00 payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
8.
OTHER CASES
 
A.
17-1640 AC 1012 N 22nd Street Hooper, Vontravis Nelson/Arraiz

Case Initiated: July 13, 2017 Type of Presentation: Re-hearing

VIOLATOR
Vontravis Hooper
1012 N 22nd Street
Ft. Pierce, FL 34950
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
226 AC 4-20 Running at Large $50.00 $50.00 $5.00 $10.00 $65.00
227 AC 4-27 Rabies Required $100.00 $100.00 $5.00 $10.00 $115.00
228 AC 4-50 Registration Required $250.00 $250.00 $5.00 $10.00 $265.00
Code Compliance Manager Arraiz read the facts of the case and said Ms. Wimes requested a re-hearing within the time period allowed.  One of the dogs, Honey, is her dog and she has her rabies and city tag.  

Jasmine Wimes and Vontravius Hooper were sworn in.  She said the ladies from Happy Hounds has been helping them.  They usually have the dogs tied up but the collar got loose and they got out.  Animal Control Officer Kenny Nelson explained the tethering law to them and told them what needed to be done.  Ms. Wimes provided proof of rabies and tags for the dogs.
 

The Special Magistrate found a violation does exist and that Vontravious Hooper is responsible for the violations. It was ordered that he pay the amount on the citation plus $5.00 administrative fees and $10.00 late fee or a total of $65.00 within 60 days. She waived citation 227 and 228 but reminded them that failure to pay the total amount within 60 days will result in the case being turned over to the St. Lucie County Court and an additional fee may be charged.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Adjourned: 10:40 am.

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk