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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, FEBRUARY 21, 2018.
 
1.
CALL TO ORDER:
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Andy Avery
Code Enforcement Officer - Vince Alesi
Code Enforcement Officer - Heather Debevec
Code Enforcement Officer - Isaac Saucedo
Building Department Investigator - Shaun Coss
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-3003 PK
COMPLIED
131 N 2nd Street Dipaula, Donna
Dipaula, Michelle
Vincent Alesi
 
Case Initiated: December 4, 2017 Type of Presentation: Citation
 
VIOLATOR
Dipaula, Donna
Dipaula, Michelle
PARKING VIOLATION:
Citation #4949
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4949 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
2.
17-3007 PK
COMPLIED
116 N 2nd Street Jones, Crystal Kathey Vincent Alesi
 
Case Initiated: December 5, 2017 Type of Presentation: Citation
 
VIOLATOR
Jones, Crystal Kathey
PARKING VIOLATION:
Citation #7354
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7354 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
3.
17-3169 PK
COMPLIED
141 Melody Lane Grunfelder, Keith James
Grunfelder, Andrea Lannette
Vincent Alesi
 
Case Initiated: December 20, 2017 Type of Presentation: Citation
 
VIOLATOR:
Keith James Grunfelder
Andrea Annette Grunfelder
PARKING VIOLATION:
Citation #7367
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7367 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
4.
17-3174 PK
COMPLIED
130 N 2ND ST Mindor, Ginette Vincent Alesi
 
Case Initiated: December 21, 2017 Type of Presentation: Citation
 
VIOLATOR
Ginette Mindor
PARKING VIOLATION:
Citation #7370
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7370 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
 
5.
17-2824
 COMPLIED
1230 Avenue B  Wilnor, Delva Isaac Saucedo
 
Case Initiated:  November 7, 2017 Type of Presentation:  Regular
 
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
 
6.
18-0208
CONTINUED
1218 S 11th Street  Arenas, Raul N Isaac Saucedo
 
Case Initiated: January 23,2018  Type of Presentation:  Regular
 
OWNER:
Raul N Arenas
1218 S 11th Street
Fort Pierce, FL 34950
 
OCCUPIED BY:
 


 

Section(s):  9-25 - Proof of business activity; burden of proof on applicant.
 
Section(s):  9-27 (B) - Doing Business without a Tax
 
4.
PUBLIC HEARINGS - CITATIONS
 
3.
17-3167 PK 217 Orange Ave Dunn, Staci Lynn Vincent Alesi
 
Case Initiated: December 20, 2017 Type of Presentation: Citation
 
VIOLATOR:
Staci Lynn Dunn
PARKING VIOLATION:
Citation #7365
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7365 10-23 Parking Regulation $50.00 x 1 $50.00 $10.00 $18.00 $78.00
Code Enforcement Officer Vince Alesi read the facts of the case and presented photos which were marked as Exhibit 1.  This was a 2 hr parking violation.

Staci Dunn was sworn in.  She said she owns a business in downtown Fort Pierce and does a lot of loading and unloading at her shop.  She has paid for 4 other tickets she received but when this ticket was issued she was only two minutes late. Her personal feeling is that all downtown business owners should be exempt from the parking regulation.  She loads and unloads baked good everyday and it's too far to carry a 100# cake to the city garage.

Special Magistrate advised her to contact the City Commission about having a loading zone marked for her area.  Ms. Arraiz said she could start with the City Manager's office and ask for a space to be established as a loading zone.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $50.00 as indicated. She waived the administrative charges of $10.00 and the $18.00 late fee for a total amount due of $50.00 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.

 
d.
17-3002 PK 135 N 2nd St Aguste, Darline Dominique Vincent Alesi

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

VIOLATOR
Darline Dominique Aguste
PARKING VIOLATION:
Citation #4948

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
4948 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 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.

 
e.
17-3058 PK  Orange Ave Lot Brown, Gil Christian Vincent Alesi

Case Initiated: December 8, 2017 Type of Presentation: Citation

VIOLATOR
Gil Christian Brown
PARKING VIOLATION:
Citation #7356

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7356 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 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.

 
f.
17-3061 PK 119 N 5th Street Slane, Paul Terrance Vincent Alesi

Case Initiated: December 8, 2017 Type of Presentation: Citation

VIOLATOR
Paul Terrance Slane
PARKING VIOLATION:
Citation #7359

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7359 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 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.

 
g.
17-3168 PK 20 Orange Ave Joseph,Kendaley Luna
Joseph,Magareth
Vincent Alesi

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

VIOLATOR:
Kendaley Luna Joseph
Margareth Joseph
PARKING VIOLATION:
Citation #7366
 

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7366 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 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.

 
j.
17-3097 CIT 214 Orange Avenue Affordable Flooring Heather Debevec

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

OWNER:
Kraaz and Kraaz Finance Inc
214 A N 2nd St
Ft. Pierce, FL 34950
TENANT:
Affordable Flooring
214 Orange Ave
Ft. Pierce, FL 34950

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 00729 16-46 Unauthorized Dumping $250.00 $250.00 $10.00   $260.00
Code Enforcement Officer Heather Debevec read the facts of the case and presented photos marked as Exhibit 1.  The citation came as a result of other businesses in the area complaining that when they went to use the dumpster it was full of construction debris from Affordable Flooring.  

William Ronan was sworn in.  He said they have done everything they can to put in their own city dumpster.  They are now using one they have in Port St. Lucie.  He said it was not just his guys dumping stuff.  This is a public area and other companies dump there also.

Code Compliance Manager Arraiz said the City is aware of the dumping problem downtown and there are attemps being done to resolve the issue.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation $250.00 and waived the administrative charges of $10.00 for a total amount due of $250.00 payable within 2 weeks of the hearing date. Failure to pay the total amount within 2 weeks 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.
17-1588 2703, 2707, 2801 Virginia Ave Land Trust Service Corp (TR) Shaun Coss

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

OWNER:
Land Trust Service Corp (TR)
PO Box 186 ST
Lake Wales, FL 33859

 
OTHER:
Warda, L.C.
Reg. Agent for Land Trust Service Corp (TR)
28 West Park Ave
Lake Wales, FL 33853
 

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.
17-2347  2017 Seaway Drive Graziano, John Heather Debevec

Case Initiated:  October 12, 2017 Type of Presentation: Regular - Cont from 1/17/18

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 this case was a continuation from the month before.  They have now obtained an engineer but he is having problems getting a water truck.

John Scruggs was sworn in.  He said they have put the problem into the hands of the engineer.  Due to the hurricane the engineer was  having a problem getting a water truck and this was the hold up.  There is a lot of water that has to be handled.  Also, he wanted Staff to know Michael Dravo was no longer with the company and he would be the contact for now on.
 

Special Magistrate continued this case for 30 days.

 
d.
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
 

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.

 
e.
17-2976 708 S 9th Street Van Cotthem & ArrublaLLC Isaac Saucedo

Case Initiated:  December 1, 2017 Type of Presentation:  Regular

OWNER:
Van Cotthem & Arrubla llc
2825 N Indian River Dr
Fort Pierce, Fl 34946
 
OCCUPIED BY:
 


 

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.

 
f.
18-0087 131 North 15th Street Teneyck, Jane & Wayne Heather Debevec
 
Case Initiated:  January 10, 2018 Type of Presentation: Regular
 
OWNER:
Jane Teneyck
Wayne Teneyck Jr (EST)
5380 NW Dell Ct
Port. St. Lucie, FL 34986
TENANT:
N/A


 

Section(s): 16-46, 16-48 - Nuisance on Property Prohibited
Code Compliance Manager Arraiz read the facts of the case and although Ms. Teneyck was not present, she asked that the Special Magistrate find an order giving her 15 days to secure the structure or the City ordered to take the action necessary to remedy the violation.
 

The Special Magistrate found a violation did exist and that Jane Teneyck is responsible for the violation. She ordered the owner to secure the structure with clear board or plywood painted the same as the building. In the event the violation is not remedied within 15 days after the date of this Order, the City is ordered to take the appropriate action to remedy the violation and the cost of such remediation to become a lien against the property.

 
g.
18-0088 131 North 15th Street Teneyck, Jane & Wayne Heather Debevec

Case Initiated:  January 10, 2018 Type of Presentation: Regular

OWNER:
Jane Teneyck
Wayne Tenecky Jr (EST)
5380 NW Dell Ct
Pt. St. Lucie, FL 34986
TENANT:
N/A


 

Section 16-46,16-48 (9)(18)- Maintenance of nuisance on property prohibited
 

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.

 
h.
17-2654
 
715 S 23rd Street
 
Lade, Jean
Norzelus, Marie
Andy Avery
 

Case Initiated: October 23, 2017  Type of Presentation: Repeat 

OWNER:
Jean Lade
Marie Norzelus
715 S 23rd Street
Ft Pierce, FL 34950
 
OCCUPIED BY:
Jeantilus Louverture
715 S 23rd Street Apt A
Ft Pierce, FL 34950

 

Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 11-30 – Refrigerator/Ice Box Safety
Section(s): 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
 

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.

 
i.
18-0028
 
2512 Orange Avenue
 
Henry G White (TR)(EST)
C/O J Allen-White Trustee
Andy Avery
 

Case Initiated: January 10, 2018  Type of Presentation: Regular 

OWNER:
Henry G White (TR)(EST)
C/O Lois J Allen-White Trustee
9105 SW 22nd Street Apt D
Boca Raton, FL 33428
OCCUPIED BY:
Roy's Food Mart
2512 Orange Avenue B
 Ft Pierce, FL 34950
 
OCCUPIED BY:
?Moaid Badawi
2512 Orange Avenue B
Ft Pierce, FL 34950
 

Section(s): 22-139 (B) – Certificate of Zoning Compliance (1)2)(3)(4)(5)
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.

 
k.
17-2727  808 Avenue M Snyfer Partners LLC Heather Debevec

Case Initiated:  October 28, 2017 Type of Presentation: Regular

OWNER:
Snyfer Partners LLC
4270 SW Country Place Rd
Palm City, FL 34990
 
REGISTERED AGENT:
Louis Pfeffer
250 S Central Blvd 205 A
Jupiter, FL 33458
 
TENANT:
Mary Barnes
808 Avenue M
Ft. Pierce, FL 34950
 

IPMC - 302.3 Sidewalks and Driveways
Code Officer Debevec read the facts and presented photos marked as Exhibit 1.  

Lou Pfeffer was sworn in.  He said he and the company have owned the property since 2005 or 2006 and have at least 25 other parcels in the City.  He has made substantial improvements and provided photos showing there was no structural problems with the driveway.  He said this was done to beautify the property and didn't understand why he was being cited with a violation. 

Miss Debevec said the driveway was dirt and his tenant is in a wheelchair.  The rocks are uneven.  The purpose of the violation is to have a stabile surface. 

Code Compliance Manager Arraiz read the section of the ordinances stating the City is asking him to complete the project.  She said the rocks on the apron (right of way) needs to be moved back into the driveway.

Mr. Pfeffer said it would be taken care of.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Snyfer Partners LLC has committed or is responsible for the violations. She 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 $50.00 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.

 
l.
18-0171 442 Fernandina Street Tisack Family Revocable Living Trust Heather Debevec

Case Initiated:  January 20, 2018 Type of Presentation: Repeat

OWNER:
Tisack Revocable Living Trust
7166 Chestnut Ridge
Lockport, NY 14094
TENANT:
N/A

 

Section 9-25 - Proof of Business Activity; Burden of proof on Applicant
Section 9-27(B) - Doing Business without a Tax
 

The Special Magistrate found that the violation did exist but has been cured as of the date of this hearing. The violators shall be warned that if these violations re-occur, pursuant to FL Statute 162.09, the Code Officer may notify the Special Magistrate and request that a fine be entered.

 
m.
17-1589 1308 N 21st St. R & D Management & Invest Shaun Coss

Case Initiated:  July 18, 2017 Type of Presentation: Repeat

OWNER:
R & D Management & Invest Inc (TR)
10380 SW Village Center Dr 333
Port St. Lucie, FL 34987
 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
IPMC 605.1 Electrical Equipment
 

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.

 
n.
17-1356 906 N 22nd St. Hicks, Cassandra Shaun Coss

Case Initiated:  June 22, 2017 Type of Presentation: Repeat

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


 

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

Cassandra Hicks was sworn in.  She said she wasn't aware a permit was needed for the stucco work.  When the work was done it was her mother's property.  She said they were  having a problem finding a plumber to pull a permit for the piping.  Mr. Coss said they would be better off hiring a general contractor to pull the permits as this was now a rental property.

It was recommended to continue the case for 30 days.
 

Special Magistrate continued the case for 30 days.

 
o.
16-1315 508 N 14th St. Armelo Construction Group Inc Shaun Coss

Case Initiated: May 24, 2016 Type of Presentation:  Regular

OWNER:
Armelo Construction Group Inc
1696 SW Colony Way
Jupiter, FL 33478

 
OTHER:
Spiegel & Utrera, P.A. 
Reg. Agent for Armelo Construction Group Inc
1840 SW 22nd St, 4th Floor
Miami, FL 33145
 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said the previous owner committed the violations.  There were 3 permits issued, two of them expired.  The new owner has now submitted renewals for the expired permits.

John Pajares was sworn in.  He said he has been working with Mr. Coss and the department to get things in order.  They were not aware of the violations.  The lien search went between city and county and got stuck out in limbo. No violations were reported.
 

Special Magistrate found that a violation does exist and that Armelo Construction Group, Inc. 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.

 
p.
17-1108 1405 N 15th St. (Rear Building) Mathieu, Josette Shaun Coss

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

OWNER:
Josette Mathieu & Marie Joseph
6001 Spruce Dr
Fort Pierce, FL 34982 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 108.1.2 Unsafe Equipment
IPMC 304.6 Exterior Walls
IPMC 304.13 Windows, Doors & Frames
IPMC 304.13.1 Glazing
IPMC 506.2 Sanitary Drainage System Maintenance
Building Department Investigator Coss read the facts of the case saying IPMC 108.1.2 for Unsafe Equipment was in compliance but none of the remaining violations were.  
 

The Special Magistrate found IPMC 108.1.2 to be in compliance and that violations do exist for the remaining sections. 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 Count

 
q.
17-1037 528 N 11th St. Cruickshank, Cephus Shaun Coss

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

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



 

Section(s): IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 603.1 Mechanical Equipment
IPMC 704.2.1 Smoke Detectors

 
 

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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
a.
15-1549  MAS 2209 Avenue D St Cyr, Randolph Shaun Coss

Case Initiated: September 11, 2015 Type of Presentation: Massey

OWNER
Randolph F St. Cyr
2209 Avenue D
Ft. Pierce, FL 34950
 
OTHER ADDRESSES:
Randolph F St. Cyr
57 East 5th Street
Huntington Station
Huntington Station NY 11746

5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 304.13 Window & Door Frames
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.1 Fire Protection Systems
Building Department Investigator Coss read the facts of the case.  He said this started as a tenant complaint.  Mr. St. Cyr purchased the property without knowing about the violations.  He recommended stopping the fines for 90 days and if not in compliance after that restart the fines.

Randolph St. Cyr was sworn in.  He said he did not know about the violations when he purchased the property and he was now waiting on Mr. Coss to inspect.  He said he never received any mail until just recently when it was mailed to New York.
 

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 property owner to correct the violations. 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.

 
b.
15-0351 MAS 308 N 19th Street Ceballo, Javier & Kenia Shaun Coss

Case Initiated:  February 23, 2015 Type of Presentation: Massey Hearing

OWNER:
Javier & Kenia Ceballo
1994 SE Floresta Drive
 Port St. Lucie, FL 34983
OCCUPIED BY:


 

Section(s): 5.1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  He said the permit has been renewed and recommended taking no action at this time to allow the permit time to close or expire again.
 

Special Magistrate dismissed the case.

 
c.
17-1824 MAS 421 N 10th Street Dellepere, Patricia (TR) Heather Debevec

Case Initiated:  October 6, 2017 Type of Presentation: Massey Hearing

OWNER:
Patricia Dellepere (TR)
1841 Banks Road
Margate, FL 33063
OCCUPIED BY:


 

Section(s): 22-187 (13) Landscape Maintenance, IPMC 302.7 Accessory Structure
Code Enforcement Officer Debevec read the facts of the case.  

Olha Kit  presented a power of attorney to represent Mrs. Dellepere and was sworn in.  She said they received the letter about the city charges before they received the notice of violation.  This was probably due to moving from one address to another.  Staff checked and found they received two (2) signed green cards, but could not read the signatures.  Staff would make copies and give to Ms. Kit.

Code Compliance Manager Arraiz recommended reducing the fines to the administrative costs of $688.48.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $1,630.00 ($30.00 recording fees) to $688.48 payable in 1 week. 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.
02-9608
Lien Red
1114 Raymond Avenue Bitetto, Vitangelo Peggy Arraiz

Case Initiated:  April 22, 2004 Type of Presentation: Lien Reduction

PREVIOUS OWNER:
David Burge
1114 Raymond Avenue
Ft. Pierce, FL 34950
 
CURRENT OWNER:
Vitangelo R. Bitetto
1484 SE Village Green Drive
Port St. Lucie, FL 34952
 

Section(s): 16-48 (1) (5) Outside Storage
Code Compliance Manager Arraiz read the facts of the case.  This case had come before the Special Magistrate before and the fines were reduced to $948.86 with no time limit.  The reduction did not get paid.  The administrative costs are well over $2,000.00 now, way more than the actual lien so she recommended reducing the fines to the original reduction of $948.86. 

Vito  Bitetto was sworn in.  He said he did a lien search and they found the lien was removed because of the reduction and there was no time limit. The title company  is no longer in business and he wants to sell the property although he has no contract at this time.  He understands that the fines are his if he owns the property; but he has put a lot of work into it.  He has been working with Shaun to get the property in compliance.  He said the lien never showed up when he purchased the property in 2005.  He said all taxes are up to date and he has done everything the City has asked him to do 

Code Compliance Manager Arraiz said the tax card shows up as a warranty deed, the title company failed to do their due diligence and are now out of business.  The recommendation stood as stated. 
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $1,400.00 to $748.86 payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Adjourned: 10:20 AM.
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk