Code Compliance Manager Arraiz and Katherine Mish's representative stipulated to paying the fines and waiving the late fees prior to the start of meeting.

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 10 days of the hearing date. Failure to pay the total amount within 10 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 who 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.

The Special Magistrate found a violation does exist and the violators who 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.

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.

Code Enforcement Officer Saucedo read the facts of the case and presented photos which were marked as composit exhibit 1.  He said this originated from a neighbor's complaint.  On inspection of the property he found the violators were living in the RV.  He was told their house was damaged from the hurricane and FEMA provided the RV for them to live in.  He asked for proof and received nothing.  He said the violation 5-1.104.5 for unsafe building was in compliance but nothing else.

Kathleen Mathews was sworn in.  She said the house got damaged from the hurricane and she ended up in the hospital with a coma.  She was allergic to many kinds of mold.  Her husband also got sick.  FEMA gave them $20,000 and this is when they got the RV.  

Code Compliance Manager Arraiz said she knew FEMA wasn't providing trailers for victims of the hurricane this time and asked for proof from Mrs. Mathews.  She said she had proof but didn't bring it with her.

Special Magistrate Blandino suggested going over each item of the complaints as this was not the real issue.  He asked about the outside storage and said the toys, as well as things that belong outside were okay; but they needed to put the other stuff inside and or out of sight.  He said they needed to have the yard mowed.  She said they hired someone but they didn't show up to do the work.  She said the garbage people won't pick up the trash and they were told they shouldn't put it in cans.  After some other questioning she left the room saying the court and staff didn't believe what she was saying.

Mr. Mathews started testifying that he had registration and insurance for the vehicle and the boat.  He was told he would be in compliance if he put them on the vehicles.  He said it was the officer's responsibility to make sure his vehicles were legal. He was told the officer would not be giving him a violation if the registration was on the tag.  Mr. Mathews said he was a scrapper and questioned why he couldn't keep stuff on the trailer.  He was then asked if he was going to give further testimony and if so he would have to be sworn in.

Thomas Mathews was sworn in and he acknowledged the swearing in was after the previous testimony.  After giving more testimony that the cars were legal, he would have everything removed today. The Special Magistrate put the case on hold until Mrs. Mathews could return.

Continuing with the case Mrs. Mathews returned to the room.  She provided phone proof of the deposit from FEMA and said she was supposed to use the money to obtain housing while her home was being repaired; however, she did not want to stay at one of their housing facilities so they purchased the trailer instead.  

Mrs. Arraiz informed them they could apply for a temporary trailer permit and they would be allowed to stay in this trailer for up to one year.  They could apply in the building department and if they needed more information or had to have the information for building the ordinance for temporary housing is section 22-65.

Special Magistrate found that the violation(s) 16-46, 16-47, 16-48 (10) (D) and section 5-1.104.5 were in compliance. He found section(s) 22-22 (a-e), 22-187 (13), and 16-46, 16-47, 16-48 (1) (5) were in violation and that Thomas L Mathews & Kathleen E Mathews have committed or are responsible for the violations. He ordered that the violator(s) have 10 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 $150.00 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.

Code Officer Saucedo read the facts of the case and presented photos whisch were marked as composit exhibit 1.  He said this was a tenant complaint.  On inspection he found the stucco and the wood needed repair.

Although Mr. Cruickshank was not present his tenant was Gary Pierre was sworn in.  He said he complains to Mr. Cruickshank about problems in this home and he is told they will get it fixed.   He said Mr. Cruickshank takes your money but nothing ever gets done.  

Mr. Saucedo asked him if he knew if Mr. Cruickshank received the notice of hearing.  Mr. Pierre said he got the notice and Mr. Cruickshank should have also.  Mrs. Arraiz said staff sent the notices certified mail and if any other addresses were listed regular mail to them.  Staff has had no communication from Mr. Cruickshank regarding this matter.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Cephus Cruickshank has committed or is responsible for the violations. He ordered that the violator(s) has 10 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 $150.00 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.

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.

Building Department Investigator Coss read the facts of the case.  He said the permit has been renewed but it has not closed at this time.  He recommended stopping the fines to allow the permit to either close or expire.

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing until permit either closes or expires. If not corrected within this time period the fines will begin again and a lien will be filed with the St. Lucie County Clerk of Court.

Building Department Investigator Coss read the facts of the case.  He said a roof permit application has been received but it has not been approved at this time.  He said they also need to apply for a residential repairs permit. 

Ervin McMillian was sworn in.  The first thing he wanted to know was why the notices were sent to his brother who is deceased and his sister who has another address.  Mail was going to a post office box and he didn't find out about any of the violations until he got the notice of hearing that was sent to his physical address.  He also asked what he needed another permit for.

Mr. Coss said the permit was for the interior repairs that were done.  He told Mr. McMillian he could apply for the permit himself providing he lived in the home for at least one year.

Mrs. Arraiz said the property appraiser listed all three people as being owners of the property and gave the PO Box as the address.  She also said State law requires the department to send notices to all known addresses and property owners.  If he wanted mail sent specifically to him he should go to the property appraiser's office and have the address changed.  

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be stopped from accruing for 90 days to allow him time to obtain the permit . If not corrected within this time period the fines will begin again and a lien will be filed with the St. Lucie County Clerk of Court.