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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 17, 2018.
 
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
Cindy Ricker - Alarm Assistant
Andy Avery - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer
Shaun Coss - Building Department Investigator
Tracy Telle - Assistant City Engineer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-2661 CE 602 602 Emil Drive Hernandez, Jesus Moran
Colin De Eligio, Maria Elvira
Isaac Saucedo
 
Case Initiated:  October 23, 2017 Type of Presentation:  Regular - COMPLIED
 
   
OWNER:
Jesus Moran Hernandez
Colin De Eligio, Maria Elvira
9156 104th Avenue
Vero Beach, FL 32967
TENANT
602 EMIL Drive
Ft. Pierce, FL 34950

 

 
Section 16-46, 16-47, 16-48 (8) – Nuisance – Stagnant Water
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
2.
17-2824 CE 1230 Avenue B  Wilnor, Delva Isaac Saucedo
 
Case Initiated:  November 7, 2017 Type of Presentation:  Regular - CONTINUED
 
OWNER:
WILNOR DELVA
MARIE P LOUIS
1230 AVENUE B
FORT PIERCE, FL 34950
OCCUPIED BY:
 


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
3.
17-1067 1812 S 29th St. Knight, Leona Shaun Coss
 
Case Initiated:  May 19, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Leona & Jesse Knight
1812 S 29th St.
Fort Pierce, FL 34947 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
4.
17-0856 406 N 28th St. Shotto, Franklin Shaun Coss
 
Case Initiated:  April 21, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Franklin Shotto
360 Gokchoff Rd.
Ft. Pierce, FL 34945
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 108.1.2 Unsafe Equipment
IPMC 304.6 Exterior Walls
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.4 Wiring
IPMC 704.2.1 Smoke Alarms
 
5.
17-1541 2309 Florida Ave Callaway, Wilson Shaun Coss
 
Case Initiated:  July 13, 2017 Type of Presentation: Regular - COMPLIED
 
OWNER:
Wilson Callaway (EST)
Florence & Carnilia Smith
PO Box 1253
Ft. Pierce, FL 34954 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
 
6.
 
17-2901 PK 109 N 2nd Street Peacock, Roland Fletcher  Vincent Alesi
 
Case Initiated: November 17, 2017 Type of Presentation: Citation - PAID
 
 
 
VIOLATOR
Roland Fletcher Peacock
PARKING VIOLATION:
Citation #4908
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4908 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
 
17-2851 PK 107 N 2nd Street  Dentilus, Jean Osnelito   Vincent Alesi

 
Case Initiated: November 11, 2017 Type of Presentation: Citation

 
VIOLATOR
Dentilus, Jean Osnelito
PARKING VIOLATION:
Citation #7491

 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 7491 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.
17-2920 PK Across from 215 N 2nd ST Demry, Earl III Vincent Alesi

Case Initiated: November 20, 2017 Type of Presentation: Citation

VIOLATOR
Demery, Earl III
PARKING VIOLATION:
Citation #4923

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4923 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 this was a violation of the 2 hour parking.  There are signs south end of N Second, east end, and west end indicating corner to corner.

Earl Demery was sworn in for testimony.  He works downtown on Second Street and has been parking there for a while.  He said the signs were not visible and thought the pole signs went to the driveway not the whole street.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 as indicated plus the administrative charges of 10.00 and waived the $18.00 late fee for a total amount due of $60.00 payable within 30 days of the hearing date. 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.
17-2847 PK Orange Ave & Melody Lane Alfonso, Todd Jason  Vincent Alesi

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

VIOLATOR
Todd Jason Alfonso,
PARKING VIOLATION:
Citation #7487

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7487 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.

 
D.
17-2848 PK Orange Ave
East of Indian River Drive
Stahlhood II, Benjamin Scott
Stahlhood, Kacie Leeanne
Vincent Alesi
 

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

VIOLATOR
Benjamin Scott Stahlhood II 
Kacie Leanne Stahlhood
PARKING VIOLATION:
Citation #7488
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7488 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.
 
17-2899 PK 207 Marina Way Panetta, Franciszka Alexandra Vincent Alesi

 
Case Initiated: November 17, 2017 Type of Presentation: Citation

 
VIOLATOR
Franciszka Alexandra Panetta
PARKING VIOLATION:
Citation #4906

 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4906 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.

 
G.
17-2902 PK 108 N Depot Lane Meader, Jenine Lorraine  Vincent Alesi
 
Case Initiated: November 17, 2017 Type of Presentation: Citation
 
VIOLATOR
Jenine Lorraine Meader
PARKING VIOLATION:
Citation #4909
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4909 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.

 

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.

 
H.
17-2906 PK Across From 116 Ave A Brolmann, Wouter Franciscus Vincent Alesi

Case Initiated: November 17, 2017 Type of Presentation: Citation

VIOLATOR
Wouter Franciscus Brolmann
PARKING VIOLATION:
Citation #4913

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4913 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.

 
I.
17-2907 PK 20 Orange Ave Coon, Rena Lynn  Vincent Alesi
 
Case Initiated: November 17, 2017 Type of Presentation: Citation - PAID
 
VIOLATOR
Rena Lynn Coon
PARKING VIOLATION:
Citation #4914
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4914 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.

 
J.
17-2891 PK Ave A & Melody La (OPP Marina) Fisk, James  Vincent Alesi
 
Case Initiated: November 15, 2017 Type of Presentation: Citation - PAID
 
VIOLATOR
James Fisk
PARKING VIOLATION:
Citation #7497
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7497 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.

 
K.
17-2914 PK 121 N 2nd Street Moller, Kurt  Vincent Alesi
 
Case Initiated: November 20, 2017 Type of Presentation: Citation - PAID
 
VIOLATOR
Kurt Moller
PARKING VIOLATION:
Citation #4917
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4917 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.

 
L.
17-2917 PK Opp. 20 Orange Ave Jacobs & Davis, P.A. Vincent Alesi
 
Case Initiated: November 20, 2017 Type of Presentation: Citation
 
VIOLATOR
Jacobs & Davis, P.A.
PARKING VIOLATION:
Citation #4920
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4920 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.

 
M.
17-2928 PK Opp. 20 Orange Ave Leiti, Jason John Vincent Alesi
 
Case Initiated: November 21, 2017 Type of Presentation: Citation
 
VIOLATOR
Jason John Leiti
PARKING VIOLATION:
Citation #4928
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4928 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.

 
N.
17-2922 PK Opp. 135 N 2nd St. Jones, Crystal Kathey Vincent Alesi
 
Case Initiated: November 20, 2017 Type of Presentation: Citation
 
VIOLATOR
Crystal Kathey Jones
PARKING VIOLATION:
Citation #4925
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4925 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.

 
O.
17-3200 PK Foot of Marina Way  S/S Morgan, Paul Marcus  Vincent Alesi
 
Case Initiated: December 27, 2017 Type of Presentation: Citation - DISMISSED
 
VIOLATOR
Morgan, Paul  Marcus
PARKING VIOLATION:
Citation #6209
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6209 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 which was marked as Exhibit 1. He said the boat had a sticker that entitled them to park in the city marina but not in the 2 hour parking area.

Code Compliance Manager Arraiz said there is an area for the marina tenants to park allowing them unlimited parking; however, there is confusion where they think they can also park in the 2 hour parking area using there marina sticker.

Paul M. Morgan was sworn in.  He said he was new to the area and didn't know the parking garage was here.  He said he lives on the boat and didn't know the parking garage was there for everyone; not just the city people.  No one explained how the sticker worked and others told him he could park in the area where he was cited.
 

After listening to both parties, the Special Magistrate dismissed the case.

 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
17-2665 CE 100 N 26th Street May and Mo Investments LLC Andy Avery

Case Initiated: October 24, 2017   Type of Presentation: Regular 

OWNER:
May And Mo Investments Inc
325 SW Ave B
Belle Glade, FL 33430
OCCUPIED BY:
Moaid Badawi
100 N 26th Street
Ft Pierce, FL 34950
OCCUPIED BY:
?Dabom Corp
100 N 26th Street
Ft Pierce, FL 34950
 

Section 15-3(b)(2)(3) – Removal of signs.
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County.

 
B.
17-1252 204 Gardenia Ave. Hernandez, Iran Shaun Coss

Case Initiated:  June 12, 2017 Type of Presentation: Regular

OWNER:
Iran Hernandez
204 Gardenia Ave.
Fort Pierce, FL 34982
OCCUPIED BY:


 

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. It was further ordered that they be given the number of days recommended by the Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County.

 
C.
# 17-1826 CE 431 Dundas Court Duval, Patrick Heather Debevec

Case Initiated:  August 22, 2017 Type of Presentation: Regular

OWNER:
Patrick Duval
PO BOX 791
Ft. Pierce, FL 34954
OWNER 2nd Address:
Patrick Duval
1807 San Marcos Ave
Ft. Pierce, FL 34947

IPMC 304.7 - Roofs and Drainage
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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County.

 
D.
17-1429 1310 Boston Ave. Simon, Norelia Shaun Coss

Case Initiated:  June 30, 2017 Type of Presentation:  Regular

OWNER:
Norelia & Jean Simon
1310 Boston Ave.
Ft. 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 marked as Exhibit 1.  He said the permit was for roof work done over the garage.

Olin Carilus was sworn in as Creole translator.  Wilson St. Fleur & Jean Simon were sworn in for testimony.  Mr. St. Fleur said he was a licensed contractor and he would apply for the permit.  He asked how much.  Mr. Coss said the fee is based upon the amount of work but minimus is $180.00.  However, since the work was done without a permit the fee is doubled.
 

Special Magistrate found that a violation does exist and that Norelia & Jean Simon 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.
15-1031 2001 Orange Ave. Wymer, Richard Shaun Coss

Case Initiated:  July 7, 2015 Type of Presentation: Regular - STIPULATION

OWNER: Richard Wymer
6675 NE 224th St.
Okeechobee, FL 34972 
OCCUPIED BY:
 

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. It was further ordered that they be given the number of days recommended by the Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County.

 
F.
17-1107 356 Granada St. Souza, Breno Shaun Coss

Case Initiated:  May 23, 2017 Type of Presentation: Regular

OWNER:
Breno Souza & Renata Soares
356 Granada St.
Fort Pierce, FL 34949 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 108.1.2 Unsafe Building
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 605.4 Wiring
IPMC 304.6 Exterior Walls
 

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 Building Department Investigator on the case summary sheet 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, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie County.

 
G.
17-1437 2505 Citrus Ave. Fallon, Judith Shaun Coss
 
Case Initiated:  June 30, 2017 Type of Presentation: Regular
 
OWNER:
Judith Fallon
PO Box 455
Ft. Pierce, FL 34954 
OCCUPIED BY:


 

Section(s): IPMC 108.1.2 Unsafe Equipment
IPMC 304.2 Protective Treatment
IPMC 304.7 Roofs & Drainage
IPMC 304.15 Exterior Doors
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 605.1 Electrical Equipment
Building Department Investigator Coss read the facts of the case.  He had met with Ms. Fallen this morning before the start of hearing.  This is a former tenant's complaint and he recommended continuing the case.
 

The Special Magistrate continued this case until February 21, 2018 hearing.

 
H.
 #17-2347 CE 207 Seaway Drive Graziano, John Heather Debevec
 
Case Initiated:  October 12, 2017 Type of Presentation: Regular
 
OWNER:
John Graziano
1654 Thumb Point Dr
Ft. Pierce, FL 34949
TENANT:
Hurricane Grill & Wings
2017 Seaway Dr
Ft. Pierce, FL 34949
REGISTERED AGENT:
Googe, Howard EJR, ESQ
Cornett, Googe & Associates, P.A.
401 East Osceola Street
Stuart, FL 34994
POINT OF CONTACT:
Micheal Dravo
mdravo@gmail.com

 

Section 17-102 - Notification of Spills
Section 17-03(d) - Abatement / Remediation of Storm water Contamination
Code Enforcement Officer Debevec read the facts of the case.  She said the case was against Hurricane Grill & Wings and they were pouring oil into the drain.

Assistant City Engineer Tracy Telle said she did an inspection and found an illegal contaminate like grease or oil being dumped and getting trapped. The stormwater was unable to percolate out.  The catch basin needed to be cleaned and this was done immediately.

John Scruggs was sworn in.  He said he was new to the Hurricane Grill & Wings.  He's been in the restuarant business for more than forty (40) years and he understands safe handling of grease.  Michael Dravo was no longer with the company but he was aware of the dumping and did nothing about it.  This was one of the reasons he was hired.  He said he hired Green Wave to do a regular maintenance to the grease system and their engineer would be out in the next week or so to clean the drains and comply the city's case.
 

After hearing both parties, Special Magistrate continued the case for the next hearing February 21, 2018.

 
7.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
16-2819 607 N 19th Street Hartman, Ariel
Charuvi, Mordehay
Shaun Coss

Case Initiated:  December 15, 2016 Type of Presentation: Massey

OWNER:
Ariel Hartman
Mordehay Charuvi
400 NE 12th Avenue Apt 504
Hallandale, FL 33009
OTHER ADDRESS:
Mordehay Charuvi
Shneivr Zalman 36
Haifa, Israel  3254502
 

5-1.101.2.1 Unsafe Building,
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 System
Building Department Investigator Coss read the facts of the case.  

This was a telephone conferece.  Mordehay Charuvi and Ariel Hartment was sworn in.  Mr. Charuvi claimed they did not receive the notices.  They were sent to his daughter and she did not forward to them.  He asked that Staff and the Special Magistrate read his letter and take note of his issues about the violations referencing the different City sections of the ordinances.  This was why he was contesting the fiens.

Mr. Hartman said he has two (2) addresses and he received no mail or any other correspondence about the issues.

Special Magistrate Ross said she was looking at the green certification card, sent to the address of record in Hallendale and returned signed but the signature was not legible.  She said they knew about the violations and the fines because Mr. Charuvi came before her in November asking for more time; but she denied the extension of time and continued the fines until the violations were in compliance.

Staff recommended reducing the fines to the administrative costs of $1,452.36 and as the house was for sale make it payable at closing or no later than 6 months from date of this hearing.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $14,630.00 to the administrtive fees of $1,452.36 payable upon closing or no longer than 6 months. 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.
17-1372 1201 N 10th Street Merryman, Patrick Heather Debevec

Case Initiated:  July 29, 2017 Type of Presentation: Massey - Stop Fines

OWNER:
Patrick Merryman
?5140 SE Front Avenue
Stuart, FL 34997
OCCUPIED BY:


 

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): 5-368 (6) Fence Maintenance
IPMC 304.14 - Insect Screens
Code Compliance Manager Arraiz read in the facts of the case.  She also said Mr. Merryman had not received any of the notices of violation sent to him.

Patrick Merryman was sworn in.  He said he did not change his address with the property appraiser because everything is in Escrow.  He didn't think about it and only learned of the fines when he did a title search on a piece of property he was trying to sell.  Once he learned of the violation he took care of it immediately.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $7,020.00 to $500.00 payable in 48 hours. 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.
16-2208 907 Citrus Avenue Mulgrew, Shane Shaun Coss

Case Initiated:  September 16, 2016 Type of Presentation: Massey - Issue New Order

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

Section: 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 403.2 Bathrooms and Toilet Rooms Ventilation
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 602.2 Residential Heat Supply
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.2.1 Smoke Alarms
Building Department Investigator Coss read the facts of the case.  He said everything was in compliance but the walking surfaces and residential heat supply.  He recommended stopping the fines, complying the case, and issuing a new case noticing the new owner for the remaining violations.

Daria Ryan was sworn in.  She is representing her brother, Shane Mulgrew.  He has dementia and did not remember to appear for the original hearing date.  He is living in an assisted living home.  The new owner is Wayland Willis.   
 

The Special Magistrate amended the order to be complied and stopped the fines as of October 18, 2017. She further reduced the fines from $18,300.00 to $500.00 payable in 30 days. She reminded Ms. Ryan that if the fines were not paid within the 30 days, they would revert back to the original amount and a lien would be recorded against the property.

 
8.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
9.
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 Cindy Ricker read the facts of the case.  There were two other alarms that did not get on the report.  The City waived the one in October and charged the January 9 one for a total of $3,200.00.

Peter Angelos was sworn in.  Mr. Angelos said there was a glitch in the system and his name was not on the list to call when the alarm went off.  Since then the technician has come in and fixed the system.  They are in the process of replacing the system.  

Roger Marcil from Absolute Protection was sworn in.  He said Absolute Protection was taking some of the responsibility for the system problems.  He said one of his employees didn't follow up on the dispatches.
 

The Special Magistrate found Chuck's Seafood Restaurant responsible for the violations. She dismissed alarms dated 8/8/2017, 8/8/2017, 8/9/2017, 8/14/2017, 10/26/2017. The first alarm on 7/20/2017 was listed as Alarm 1 and there was no charge. The alarms on 8/13/2017, 10/26/2017, and 1/9/2018 were then listed as Alarms #2, 3, 4 for a total of $500.00 due in 30 days. She said the next alarm would be $500.00 dollars; but if they could go 12 months without an alarm going off, the number of alarms would revert back to 0. This order shall be forwarded to Cry Wolf for processing

 
10.
NEW BUSINESS
 
11.
OLD BUSINESS
Adjourned: 10:45 am
Respectfully submitted:
Colleen Greer 
Code Enforcement Clerk