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, MARCH 21, 2018.
1.
CALL TO ORDER:
9:02 AM
9:02 AM
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Shaun Coss - Building Department Investigator
Isaac Saucedo - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer
Cynthia Ricker - Alarm Assistant
Margaret Arraiz - Code Compliance Manager
Shaun Coss - Building Department Investigator
Isaac Saucedo - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer
Cynthia Ricker - Alarm Assistant
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
1.
| 17-3210 COMPLIED |
1 TBD | Haywood, Julius Lavon | Vince Alesi |
| Case Initiated: | 12/28/2017 | Type of Presentation: | Citation |
| VIOLATOR: Julius Lavon Haywood |
PARKING VIOLATION: Citation:6215 PK |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 6215 PK | 10-23 Parking Regulation | 1 @ $50.00 | $50.00 | $10.00 | $18.00 | $78.00 |
2.
| 17-3083 CE PULLED |
1904 Avenue P | Goodwin (EST), Ernestine | Janey Vanderhorst |
| Case Initiated: | December 13, 2017 | Type of Presentation: | Regular |
| VIOLATOR: Ernestine Goodwin (EST) 1904 Ave P Fort Pierce, FL 34950 |
RESIDENT: Benella G Dugan 1904 Ave P Fort Pierce, FL 34950 |
IPMC 302.3 Sidewalks and driveways
IPMC 304.2 Protective treatment
3.
| 18-0070 COMPLIED |
3106 Orange Ave | Charaf Investments of FL Inc | Janey Vanderhorst |
| Case Initiated: | January 8, 2018 | Type of Presentation: | Regular |
| OWNER: Charaf Investments of FL INC 6175 167th St Unit G26 Hialeah, FL 33015 |
VIOLATOR: Dollar General 3106 Orange Ave Fort Pierce, FL 34950 |
| Dolgencorp LLC Attn: David M Tehle 100 Mission Ridge Goodlettsville, TN 37072 |
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
4.
| 18-0029 CE PULLED |
2517 S US Hwy 1 | EHDEN NV | Isaac Saucedo |
| Case Initiated: | January 3, 2018 | Type of Presentation | Regular |
| OWNER: EHDEN NV C/O Fraga Properties 75 Valencia Ave Ste 1150 Coral Gables, Fl 33134 |
OCCUPIED BY: |
IPMC 302.7 Accessory structures.
4.
PUBLIC HEARINGS - CITATIONS
a.
| 18-0100 Parking |
1 TBD | Lewis, Michael Shawn | Vince Alesi |
| Case Initiated: | 01/10/2018 | Type of Presentation: | Citation |
| VIOLATOR: Michael Shawn Lewis |
PARKING VIOLATION: Citation: 6222 PK |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 6222 PK | 10-23 Parking Regulation | 1 @ $50.00 | $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.
b.
| 18-0122 Parking |
1 TBD | Williams, Shakesha Nicole | Vince Alesi |
| Case Initiated: | 01/11/2018 | Type of Presentation: | Citation |
| VIOLATOR: Shakesha Nicole Williams |
PARKING VIOLATION: Citation: 6231 PK |
| Citation # | Code Section | Fine / Counts | Total Fine | Admin Fee | Late Fee | Total Due |
| 6231 PK | 10-23 Parking Regulation | 1 @ $50.00 | $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.
5.
PUBLIC HEARINGS - VIOLATION CASES
a.
| 17-0898 CE |
1450 Bell Avenue | Railside LLC | Shaun Coss |
| Case Initiated: | April 5, 2017 | Type of Presentation: | Extension of Time |
| OWNER: Railside LLC Norman Zlinkoff 44-47 Realty LLC 4510 SW Thistle Terrace Palm City, FL 34990 |
REGISTERED AGENT: John Katsock, Jr. Reg. Agent for Railside LLC 4521 SW Bimini Circle N Palm City, FL 34990 |
| LEGAL COUNCIL: Alexander Gonano Gonano & Harrell TD Bank Building 1600 S Federal Highway - Suite 200 ?Ft. Pierce, FL 34950 |
Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.105.4.1.2 Expired Permit
Section(s): 22-79 Compliance with Conditions of Approval
Building Department Investigator Coss read the facts of the case.
Alexander Gonzano, legal counsel for John Katsock Jr., said Mr. Katsock was recovering from a heart attack in January. Phase 1 is closed out and in a timely manner. Due to Mr. Katsock's medical condition they were requesting 120 days to complete Phase 2. Mr. Coss said they would be agreeable to 90 days as the project needs to be reviewed by other departments in order to obtain the permit.
Alexander Gonzano, legal counsel for John Katsock Jr., said Mr. Katsock was recovering from a heart attack in January. Phase 1 is closed out and in a timely manner. Due to Mr. Katsock's medical condition they were requesting 120 days to complete Phase 2. Mr. Coss said they would be agreeable to 90 days as the project needs to be reviewed by other departments in order to obtain the permit.
The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated August 2, 2017 be and the same is hereby granted to the extent specified in this Order.
- In the event the violations specified in said Order Determining Violation dated August 2, 2017 are not remedied within 90 days to apply and upon application an additional 90 days to obtain the permit and comply there shall be imposed a fine at a daily, cumulative rate of $250.00.
- All other provisions of said Order Determining Violation dated October 8, 2015 shall remain in full force and effect.
b.
| 17-0323 CE |
614 N 7th St. | Slimane, Hamid | Shaun Coss |
| Case Initiated: | February 15, 2017 | Type of Presentation: | Regular |
| OWNER: Hamid Slimane 614 N 7th St. Ft Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case. He said Mr. Slimane planned to turn the property into an assisted living facility. The property would be going through a complete renovation. The architech-engineer will have to specify the expired permit work was done. The scope of the work specifies what permits are needed and has to show they have been consolidated into the new program. The permits that have been issued are expired.
Hamid Slimane was sworn in. He said he wasn't aware that the permits expired. He said they were finalized through the planning-review department. Been trying to get the building going and there have been several changes in the floor plan. He said some of the work from the so called expired permits were never done.
Special Magistrate reviewed the violations with Mr. Coss and Mr. Slimane stating the permits have to be inclusive to the permits that have expired.
Hamid Slimane was sworn in. He said he wasn't aware that the permits expired. He said they were finalized through the planning-review department. Been trying to get the building going and there have been several changes in the floor plan. He said some of the work from the so called expired permits were never done.
Special Magistrate reviewed the violations with Mr. Coss and Mr. Slimane stating the permits have to be inclusive to the permits that have expired.
Special Magistrate found that a violation does exist and that Hamid Slimane 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.
c.
| 17-1714 CE |
610 N 17th St.- Unit 17 | Slimane, Hamid | Shaun Coss |
| Case Initiated: | August 7, 2017 | Type of Presentation: | Regular |
| OWNER: Hamid Slimane 614 N 7th St. Ft Pierce, FL 34950 |
OCCUPIED BY: |
Section(s): IPMC 304.15 Exterior Doors
IPMC 305.3 Interior Surfaces
IPMC 305.6 Interior Doors
IPMC 309.1 Infestation
IPMC 403.2 Bathrooms & Toilet Room Ventilation
IPMC 504.1 Plumbing Fixtures
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.1 Fire Protection Systems
Building Department Investigator Coss read the facts of the case, He said he had no re-inspections.
Special Magistrate continued this case for 30 days.
f.
| 18-0095 CE |
1104 York Avenue | Truesdell, Paul L | Janey Vanderhorst |
| Case Initiated: | January 10, 2018 | Type of Presentation: | Regular |
| VIOLATOR: Paul L Truesdell 1104 York Avenue Fort Pierce, FL 34982 |
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
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.
g.
| 17-2681 CE |
101 North US Highway 1 | Brackett Family Limited Prtnsp | Heather Debevec |
| Case Initiated: | October 26, 2017 | Type of Presentation: | Regular |
| OWNER: Brackett Family Limited Prtnsp PO BOX 969 Vero Beach, FL 32961 |
REGISTERED AGENT: Robert Brackett 2066 14th Avenue Suite 101 Vero Beach, FL 32960 |
IPMC 304.2 - Protective Treatment
IPMC 302.7 - Accessory Structures
Code Enforcement Officer Debevec read the facts of the case.
Robert A. Brackett was sworn in. He said what he's being cited for does not apply to the code. He has a maintenance schedule and he presented photos which were marked as Exhib 2. He said he paints every 8 to 10 years.
Officer Debevec presented photos marked as Exhibit 1 showing the paint chipped to the bare metal.
Mr. Brackett asked about all the other properties the City owns that has the same problem.
Code Compliance Manager Arraiz said she, Heather, and Janey met with Mr. Brackett and they identified everything that needed to be done to bring the property into compliance. She said there were two (2) things that were not minor that needed to be done. She asked them to do a temporary correction.
Special Magistrate asked if there is a temporary fix. He said he doesn't have that on his regular maintenance plan. His next scheduled maintenance is 4 to 5 years.
Ms. Arraiz said the paint is peeling off and it's not acceptable to wait that long.
Robert A. Brackett was sworn in. He said what he's being cited for does not apply to the code. He has a maintenance schedule and he presented photos which were marked as Exhib 2. He said he paints every 8 to 10 years.
Officer Debevec presented photos marked as Exhibit 1 showing the paint chipped to the bare metal.
Mr. Brackett asked about all the other properties the City owns that has the same problem.
Code Compliance Manager Arraiz said she, Heather, and Janey met with Mr. Brackett and they identified everything that needed to be done to bring the property into compliance. She said there were two (2) things that were not minor that needed to be done. She asked them to do a temporary correction.
Special Magistrate asked if there is a temporary fix. He said he doesn't have that on his regular maintenance plan. His next scheduled maintenance is 4 to 5 years.
Ms. Arraiz said the paint is peeling off and it's not acceptable to wait that long.
Special Magistrate continued the case for 30 days.
h.
| 18-0086 CE |
2960 S US Hwy 1 | Coral Square Shoppes LLC | Isaac Saucedo |
| Case Initiated: | January 10, 2018 | Type of Presentation: | Regular |
| OWNER: Coral Square Shoppes LLC 1946 Harrison St Hollywood, Fl 33020 |
OCCUPIED BY: |
Section 16-46, 16-47, 16-48 – Nuisance as a Condition
Code Enforcement Officer Saucedo read the facts of the case and presented photos which were marked as Exhibit 1. In January the department received a complaint about the parking lot lights being out. Prior to the hearing he checked and found most of the lights were working now.
Sergio Stiberman was sworn in. He said he received the letter mid January. By this time they were already under contract with an electric company to repair sensors and timers. They also installed some lights but had to order more. He asked for more time because the bulbs weren't in yet and they would then have to be installed.
Sergio Stiberman was sworn in. He said he received the letter mid January. By this time they were already under contract with an electric company to repair sensors and timers. They also installed some lights but had to order more. He asked for more time because the bulbs weren't in yet and they would then have to be installed.
Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Coral Square Shoppes LLC 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 $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 the decision in the Circuit Court of St. Lucie County.
i.
| 17-3214 CE |
Highpoint- Section 1 | High Point of Fort Pierce | Shaun Coss |
| Case Initiated: | December 29, 2017 | Type of Presentation: | Regular |
| OWNER: High Point of Fort Pierce Condominium Assoc. Section 1 Reg. Agent Steven DiPalma 204 Manatee Ln Ft Pierce, FL 34982 |
OCCUPIED BY: |
Section(s): IPMC 505.1 Water System
Building Department Investigator Coss read the facts of the case. He said all but 7 washers were now in compliance. There are 66 buildings with 4 units each. Each building shares the laundry facilities. Seven (7) buildings need the hot water heaters repaired or replaced.
William Brooks (a tenant) and Steven DiPalma (registered agent) were sworn in.
Mr. DiPalma said they were looking to save costs and under legal advice were told if the Board voted they could shut off the hot water. After the tenants complained they turned them back on. By March 5 all of them were turned on. Several of them (3) have to be replaced. They decided to go with the tankless water heater brand "On Demand". They contracted with a plumbing company to replace the heaters that needed maintenance. It should take about two (2) weeks. An electrician will have to run a new circuit.
Mr. Coss said after doing an inspection on Monday he found problems with 402 Sandpiper, 406 Sandpiper, 416 Sandpiper, 912 Savanna's Point Dr., 924 Savanna's Point Dr., 205 Manatee Lane, and 212 Manatee Lane. Mr. DiPalma said 402, 416, and 205 were the addresses he knows has to be replaced. He had no idea who shut the water heaters off at these addresses.
Mr. Brooks said he had gone around with Mr. Coss and verified the number of heaters working. He said he became aware of the problem in February and the management said they were'nt going to turn the water back on at that time. On February 13 he read the letter of violation to the Board. He feels like he has been targeted because management contacted him and told him he wouldn't be able to sell his property until he repaired and cleaned up his patio.
Mr. Coss said because this involved a electrician and a plumber he would be willing to meet with Mr. DiPalma in seven (7) days to verify the hot water pipes were hot. He would then give them 30 days to hire the contractors and obtain permits.
William Brooks (a tenant) and Steven DiPalma (registered agent) were sworn in.
Mr. DiPalma said they were looking to save costs and under legal advice were told if the Board voted they could shut off the hot water. After the tenants complained they turned them back on. By March 5 all of them were turned on. Several of them (3) have to be replaced. They decided to go with the tankless water heater brand "On Demand". They contracted with a plumbing company to replace the heaters that needed maintenance. It should take about two (2) weeks. An electrician will have to run a new circuit.
Mr. Coss said after doing an inspection on Monday he found problems with 402 Sandpiper, 406 Sandpiper, 416 Sandpiper, 912 Savanna's Point Dr., 924 Savanna's Point Dr., 205 Manatee Lane, and 212 Manatee Lane. Mr. DiPalma said 402, 416, and 205 were the addresses he knows has to be replaced. He had no idea who shut the water heaters off at these addresses.
Mr. Brooks said he had gone around with Mr. Coss and verified the number of heaters working. He said he became aware of the problem in February and the management said they were'nt going to turn the water back on at that time. On February 13 he read the letter of violation to the Board. He feels like he has been targeted because management contacted him and told him he wouldn't be able to sell his property until he repaired and cleaned up his patio.
Mr. Coss said because this involved a electrician and a plumber he would be willing to meet with Mr. DiPalma in seven (7) days to verify the hot water pipes were hot. He would then give them 30 days to hire the contractors and obtain permits.
Special Magistrate found that a violation did exist and that High Point of Fort Pierce Condominium Association, Section 1 was responsible for the violations. She ordered that :
(A) Within 24 hours turn on all water heaters.
(B) Within 7 days diagnose the inoperable water heaters and determine whether they need to be replaced or repaired.
(C)Within 3 days after making the diagnosis, permits for the water heaters that need to be replaced shall be obtained.
(D)Obtain a permit for the work performed and adhere to all conditions of the permit. A licensed contractor may be required to apply for and obtain the permit from the Building Department. 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.
| 17-2347 CE |
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 they are in the process of doing the tests today.
John Scruggs was sworn in and asked for another 10 days to get the tests and an engineer is on site.
John Scruggs was sworn in and asked for another 10 days to get the tests and an engineer is on site.
Special Magistrate continued the case for 10 days.
k.
| 18-0093 CE |
135 North 15th Street | Lam, Stacee | Heather Debevec |
| Case Initiated: | January 10, 2018 | Type of Presentation: | Regular |
| OWNER: Stacee Lam 135 N 15th St Ft. Pierce, FL 34950 |
TENANT: N/A |
IPMC 302.7 Accessory Structure
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.
l.
| 18-0558 CE |
1106 North 7th Street | Joe & Gina Noelke LLC | Heather Debevec |
| Case Initiated: | February 24, 2018 | Type of Presentation: | Regular |
| OWNER:
Joe and Gina Noelke LLC
2504 Gray Twig Ln
Fort Pierce, FL 34981
|
TENANT / VIOLATOR: Dunel Charles 1106 N 7th St Apt A Ft. Pierce, FL 34950 |
| REGISTERED AGENT: Gina Noelke 480 River prado
Fort Pierce, FL 34946 |
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.
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
a.
| 17-0500 Massey |
6643 Darter Court | Dutra, John A | Shaun Coss |
| Case Initiated: | March 9, 2017 | Type of Presentation: | Massey |
| CURRENT OWNER: John & Sandra Dutra (TR) 10940 Kester Drive Cupertino, CA 95014 New Address: 610 13th Avenue S Naples, FL 34102 |
OCCUPIED BY: Golden Bear 6643 Darter Court Ft. Pierce, FL 34947 |
Section(s): 5-1.105.1 Permit Required
This is a telephone conference call.
Building Department Investigator Coss read the facts of the case. He said the tenant, Golden Bear, didn't pay any rent for three (3) years. The tenant kept the notices and Mr. Dutra just found out about the violations and fines. He immediately corrected the problem.
John Dutra was sworn in. He confirmed the information above and was okay with reducing the fines to $500.00 payable in 10 days. He said the tenant just moved out taking everything with him and possibly relocating in the city. He just found out that the violations were not in compliance and fines running. He took care of the violations as soon as he could.
Building Department Investigator Coss read the facts of the case. He said the tenant, Golden Bear, didn't pay any rent for three (3) years. The tenant kept the notices and Mr. Dutra just found out about the violations and fines. He immediately corrected the problem.
John Dutra was sworn in. He confirmed the information above and was okay with reducing the fines to $500.00 payable in 10 days. He said the tenant just moved out taking everything with him and possibly relocating in the city. He just found out that the violations were not in compliance and fines running. He took care of the violations as soon as he could.
The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $12,540.00.00 to $500.00 payable in 10 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
8.
OTHER CASES
a.
| 18-0561 Alarm Appeal |
511 Orange Ave | Ft. Pierce Housing Authority | Cynthia Ricker |
| Case Initiated: | February 12, 2018 | Type of Presentation: | Alarm Appeal |
| APPELLATE: Edgar Kiley Dir of Asset Mgmt Ft Pierce Housing Authority 511 Orange Ave Ft Pierce, FL 34950 |
| Date of Alarm | Code Section | Bldg. Type | # of prior alarms | Total Due |
| 7/20/2017 | 14-24 – Excessive false alarm signals | Commercial | 0 | 0 |
| 8/04/2017 | 14-24 – Excessive false alarm signals | Commercial | 1 | $100.00 |
| 8/06/2017 | 14-24 – Excessive false alarm signals | Commercial | 2 | $200.00 |
| 8/07/2017 | 14-24 – Excessive false alarm signals | Commercial | 3 | $400.00 |
| 8/08/2017 | 14-24 – Excessive false alarm signals | Commercial | 4 | $500.00 |
| 8/19/2017 | 14-24 – Excessive false alarm signals | Commercial | 5 | $500.00 |
| 8/23/2017 | 14-24 – Excessive false alarm signals | Commercial | 6 | $500.00 |
| 10/25/2017 | 14-24 – Excessive false alarm signals | Commercial | 7 | $500.00 |
| 11/02/2017 | 14-24 – Excessive false alarm signals | Commercial | 8 | $500.00 |
| 11/05/2017 | 14-24 – Excessive false alarm signals | Commercial | 9 | $500.00 |
| 12/26/2017 | 14-24 – Excessive false alarm signals | Commercial | 10 | $500.00 |
| 12/31/2017 | 14-24 – Excessive false alarm signals | Commercial | 11 | $500.00 |
| Grand Total of Fines | $4,700.00 |
Alarm Administrator Ricker read the facts of the case.
Edgar Kiley was sworn in. He said there was a problem getting invoices but they are sending them to him now. They have implemented new procedures for contacting Staff when an alarm goes off. They have instructed the alarm company to call other housing authority representatives before calling the police department. There was a malfunction and the hardware issue has been fixed. One of the reports was that the peacocks got into the building and set off the alarm.
Edgar Kiley was sworn in. He said there was a problem getting invoices but they are sending them to him now. They have implemented new procedures for contacting Staff when an alarm goes off. They have instructed the alarm company to call other housing authority representatives before calling the police department. There was a malfunction and the hardware issue has been fixed. One of the reports was that the peacocks got into the building and set off the alarm.
- A violation of Chapter 14 Article II – Alarm Systems did exist.
- The alarm system owner / operator did provide sufficient evidence to support their appeal of the false alarm penalties.
- The false alarm penalties assessed against the alarm system owner/operator are hereby amended as follows:
| Date of Alarm | Alarm # | Amount Due |
| 7/20/2017 | 0 | 0 |
| 8/4/2017 | Dismissed | 00 |
| 8/6/2017 | Dismissed | .00 |
| 8/7/2017 | Dismissed | .00 |
| 8/8/2017 | Dismissed | .00 |
| 8/19/2017 | Dismissed | .00 |
| 8/23/2017 | Dismissed | .00 |
| 10/25/2017 | 1 | 100.00 |
| 11/02/2017 | 2 | 200.00 |
| 11/05/2017 | 3 | 400.00 |
| 12/26/2017 | 4 | 500.00 |
| 12/31/2017 | 5 | 500.00 |
| TOTAL DUE | $1700.00 |
- The alarm system owner’s account shall be updated to comply with this order and their false alarm account status shall be amended to (5) false alarms.
b.
| 18-0562 Alarm Appeal |
3310 Enterprise Road | F and H Contractors | Cynthia Ricker |
| Case Initiated: | January 9, 2018 | Type of Presentation: | Alarm Appeal |
| APPELLATE: Shawn Ferschke F and H Contractors 3310 Enterprise Road Ft Pierce, FL 34982 |
| Date | Code Section | Bldg. Type | # of prior alarms | Total Due |
| 10/16/2017 | 14-24 – Excessive false alarm signals | Commercial | 0 | 0 |
| 10/22/2017 | 14-24 – Excessive false alarm signals | Commercial | 1 | $100.00 |
| 10/27/2017 | 14-24 – Excessive false alarm signals | Commercial | 2 | $200.00 |
| 11/11/2017 | 14-24 – Excessive false alarm signals | Commercial | 3 | $400.00 |
| 11/15/2017 | 14-24 – Excessive false alarm signals | Commercial | 4 | $500.00 |
| 11/22/2017 | 14-24 – Excessive false alarm signals | Commercial | 5 | $500.00 |
| Grand Total of Fines | $1700.00 |
Alarm Administrator Ricker read the facts of the cse.
Shawn Ferschke was sworn in. He said when the alarm continued to go off he had Absolute Alarm Company come out and check it. Between October 27, 2017 and November 15, 2017 all they did was some housekeeping. After the next alarm went off he finally took an old sensor from another building and installed himself. They have had no further alarms at this time. He also said the person who gets called for alarms is in Daytona but he has now been added to the call list.
Code Compliance Manager Arraiz said the alarm company has provided copies of invoices showing there was a problem and the City would be willing to waive the alarms dated November 15 and November 22 providing he understands that if there is another alarm it will be number 4 and the fee would be $500.00. She also said that if there are no alarm calls for 12 months the number will be reset to 0.
Shawn Ferschke was sworn in. He said when the alarm continued to go off he had Absolute Alarm Company come out and check it. Between October 27, 2017 and November 15, 2017 all they did was some housekeeping. After the next alarm went off he finally took an old sensor from another building and installed himself. They have had no further alarms at this time. He also said the person who gets called for alarms is in Daytona but he has now been added to the call list.
Code Compliance Manager Arraiz said the alarm company has provided copies of invoices showing there was a problem and the City would be willing to waive the alarms dated November 15 and November 22 providing he understands that if there is another alarm it will be number 4 and the fee would be $500.00. She also said that if there are no alarm calls for 12 months the number will be reset to 0.
- A violation of Chapter 14 Article II – Alarm Systems did exist.
- The alarm system owner did provide sufficient evidence to support their appeal of the false alarm penalties.
- The false alarm penalties assessed against the alarm system owner/operator are hereby amended as follows:
| Date of Alarm | Alarm # | Amount Due |
| 10/16/2017 | 0 | 0 |
| 10/22/2017 | 1 | 100.00 |
| 10/27/2017 | 2 | 200.00 |
| 11/11/2017 | 3 | 400.00 |
| 11/15/2017 | Dismissed | 0 |
| 11/22/2017 | Dismissed | 0 |
| TOTAL DUE | $700.00 |
- The alarm system owner’s account shall be updated to comply with this order and their false alarm account status shall be amended to (3) false alarms.
c.
| 18-0444 Alarm Appeal |
1611 Avenue S | Waithe, Courtney | Cynthia Ricker |
| Case Initiated: | January 9, 2018 | Type of Presentation: | Alarm Appeal |
| APPELLATE: Courtney Waithe 1611 Avenue S Fort Pierce, FL 34950 |
| Date of Alarm | Code Section | Bldg. Type | # of prior alarms | Total Due |
| 12-2-2017 | 14-24 – Excessive false alarm signals | Residential | 0 | 0 |
| 12-11-2017 | 14-24 – Excessive false alarm signals | Residential | 1 | $50.00 |
| 12-11-2017 | 14-24 – Excessive false alarm signals | Residential | 2 | $100.00 |
| 12-11-2017 | 14-24 – Excessive false alarm signals | Residential | 3 | $150.00 |
| 12-13-2017 | 14-24 – Excessive false alarm signals | Residential | 4 | $200.00 |
| Grand Total of Fines | $500.00 |
Alarm Assistant Ricker read the facts of the cse.
Courtney Waithe was sworn in. He said when the alarm goes off he calls his step-daughter to go check it out. When she answered the door, the man said he would be back but he never returned. Mr. Waithe called the alarm company and told them to turn off the alarm because he couldn't afford it. He works in Brevard County and can't get back when it goes off. He said they won't turn it off and the hallway motion detector keeps going off.
Josette Johnson was sworn in. She said she has her daughter check if the alarm goes off but she lives in Port St. Lucie and by the time she gets there the Police have already arrived.
Special Magistrate Ross said they need to get someone closer on the call list. Mr. Waithe said he doesn't turn the alarm on anymore but he keeps getting charged for it.
Code Compliance Manager Arraiz said it sounds like he is in a contract and he needs to read up on the terms. She also said the department had agreed to waive the fines but he wanted to bring his case to be heard. She recommended waiving all fines but the $50.00 which he agreed to.
Courtney Waithe was sworn in. He said when the alarm goes off he calls his step-daughter to go check it out. When she answered the door, the man said he would be back but he never returned. Mr. Waithe called the alarm company and told them to turn off the alarm because he couldn't afford it. He works in Brevard County and can't get back when it goes off. He said they won't turn it off and the hallway motion detector keeps going off.
Josette Johnson was sworn in. She said she has her daughter check if the alarm goes off but she lives in Port St. Lucie and by the time she gets there the Police have already arrived.
Special Magistrate Ross said they need to get someone closer on the call list. Mr. Waithe said he doesn't turn the alarm on anymore but he keeps getting charged for it.
Code Compliance Manager Arraiz said it sounds like he is in a contract and he needs to read up on the terms. She also said the department had agreed to waive the fines but he wanted to bring his case to be heard. She recommended waiving all fines but the $50.00 which he agreed to.
- A violation of Chapter 14 Article II – Alarm Systems did exist.
- The alarm system owner / operator did provide sufficient evidence to support their appeal of the false alarm penalties.
- The false alarm penalties assessed against the alarm system owner/operator are hereby amended as follows:
-
Date of Alarm Alarm # Amount Due 12/2/2017 0 .00 12/11/2017 1 $50.00 12/11/2017 dismissed .00 12/11/2017 dismissed .00 12/13/2017 dismissed .00 TOTAL DUE $50.00 - The alarm system owner’s account shall be updated to comply with this order and their false alarm account status shall be amended to (2) false alarms.
9.
NEW BUSINESS
10.
OLD BUSINESS
Adjourned 10:44 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk