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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, APRIL 4, 2018.
 
1.
CALL TO ORDER:
9:05 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Janey Vanderhorst - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Vince Alesi - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
17-2289
COMPLIED
909 Quincy Ave Lakram, Roshini Shaun Coss
 
Case Initiated:  September 29, 2017 Type of Presentation: Regular
 
OWNER:
Roshini Lakram
5235 NW Jake Ct.
Port St. Lucie, FL 34986
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 
2.
17-1914
COMPLIED
1611 N 19th St. Randolph, Julia Shaun Coss
 
Case Initiated:  September 20, 2017 Type of Presentation: Regular
 
OWNER:
Julia Randolph
1712 Avenue O
Ft. Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): IPMC 304.6 Exterior Walls
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 603.1 Mechanical Equipment
IPMC 704.2.1 Smoke Alarms
 
3.
18-0318
COMPLIED
603 North 8th Street Gilbert, Ronald
Gilbert, Lynrose
Heather Debevec
 
Case Initiated:  February 2, 2018 Type of Presentation: Regular
 
OWNER:
Ronald Gilbert
Lynrose Gilbert
603 N 8th St
Ft. Pierce, FL 34950
TENANT:
Daisy Dubon Chincilla
603 N 8th St
Ft. Pierce, FL 34950
 

Section 5-1.104.5 - Unsafe Building
Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
 
4.
17-2978
PULLED
704 S 7th Street Scott, Joy A. (LF EST) Isaac Saucedo
 
Case Initiated:  December 1,2017 Type of Presentation:  Regular
 
OWNER:
Joy Ann Scott (LF EST)
Joy S Leach
Joy A Scott (TR)
726 Orange Avenue
Ft. Pierce, FL 34950
OTHER ADDRESSES:
Joy Scott 
704 Orange Ave
Ft. Pierce, FL 34950

 
Joy Scott
724 Orange Ave
Ft. Pierce, FL 34950
Joy Scott
704 S 7th Street
Ft. Pierce, FL 34950

Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 304.1 Exterior structure – General
IPMC 304.2 Protective treatment
Section(s):  22-187 (13) – Landscape Maintenance
 
5.
17-2686
PULLED
510 Orange Avenue Bunwin Inc. Heather Debevec
 
Case Initiated:  October 27, 2017 Type of Presentation: Regular
 
OWNER:
Bunwin Inc
4521 PGA Blvd Suite 201
Palm Beach Gardens, FL 33418
REGISTERED AGENT:
S. A. Tarr
4440 PGA Blvd Suite 200
Palm Beach Gardens, FL 33410

IPMC 304.2 - Protective Treatment
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-0246
PK
102 S 2nd Street Munyon, Douglas Paul Vincent Alesi
 
Case Initiated: | January 24, 2018 Type of Presentation: Citation
 
VIOLATOR
Douglas Paul Munyon
 
PARKING VIOLATION
Citation #6241
 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6241 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 $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.
17-1735
BLDG
1147 Hernando St. Nole, James Shaun Coss

Case Initiated:  August 9, 2017 Type of Presentation: Regular

OWNER:
James M Nole (TR) & Thelma J Potts (TR)
1147 Hernando St.
Ft. Pierce, FL 34949
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 the decision in the Circuit Court of St. Lucie County.

 
B.
17-2278
BLDG
601 Orange Ave 605 Ministries LLC Shaun Coss
 
Case Initiated:  November 20, 2017 Type of Presentation: Regular
 
OWNER:
605 Ministries LLC
Reg. Agent, Sherman Thomas
117 Orange Ave
Fort Pierce, FL 34950
OCCUPIED BY:
Unlimited Wireless
601 Orange Ave.
Ft. Pierce, FL 34950
 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case.  The permit has been applied for and it is under review.

Denise Carmel was sworn in. She agreed to the 60 days 
 

Special Magistrate found that a violation does exist and that 605 Ministries LLC has committed or is responsible for the violations. He ordered that the violator has 60 days in which to obtain permits for electrical alterations, cat 5 wiring, and the installation of the wall sign; obtain any other required permits pursuant to the Florida Building Code and/or the Code of Ordinances; obtain approval for all required inspections at least every 180 days until the permit has been closed; and comply with all other permit conditions or a fine of $100.00 per day be assessed for each day the violation continues 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.

 
C.
17-2249
BLDG
1007 Avenue F Bembry, Linda Shaun Coss

Case Initiated:  September 27, 2018 Type of Presentation: Regular

OWNER:
Linda Bembry & Anthony Smith
1007 Avenue F
Ft. Pierce, FL 34950 
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 the decision in the Circuit Court of St. Lucie County.

 
D.
17-1078
BLDG
507 N 21st St., Unit A Hill, Jessie Shaun Coss

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

OWNER:
Jessie Hill, Herbert Dickerson & Ruby McGill
108 N 39th St.
Fort Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 304.2 Protective Treatment
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 604.3.1.1 Water Damaged Electrical Equipment
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 the decision in the Circuit Court of St. Lucie County.

 
E.
17-1712
BLDG
1212 Avenue L Bahamaville Corp Shaun Coss
 
Case Initiated:  August 7, 2017 Type of Presentation: Regular
 
OWNER:
Bahamaville Corp
218 Orange Ave
Fort Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 309.1 Infestation
IPMC 505.1 Water System
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 704.1 Fire Protection Systems
Building Department Investigator Coss read the facts of the case and presented photos marked as composit Exhibit 1.

Sheila Secgin, co-owner was sworn in.  Miguel Montez, another co-owner, was sworn in.  She said 4 and 5 were done. They purchased a water heater and didn't know they needed to get a permit.  Investigator Coss said he would have to hire a contractor to obtain a permit and install it.  Agreed 60 days should be enough time.
 

Special Magistrate found that a violation does exist and that Bahamaville Corp. has committed or is responsible for the violations. He 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 the decision in the Circuit Court of St. Lucie County.

 
F.
17-2197
BLDG
716 N 23rd St. Spann Holdings LLC Shaun Coss
 
Case Initiated:  September 21, 2017 Type of Presentation: Regular
 
OWNER:
Spann Holdings LLC
Sarah Spann, Reg. Agent
1410 Pineburke Ln
Ft. Pierce, FL 34947 
OCCUPIED BY:



 

Section(s): IPMC 304.6 Exterior Walls
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.4 Wiring
Building Department Investigator Coss read the facts of the case.  He had spoke to the new tenant who said most of the violations have been corrected.

Jimmy Spann, the owner, son & property manager was sworn in.  He said the violations have been corrected.  If there's anything else that needs to be done, he doesn't know it.  He said the previous tenant caused the violations and tried to sabotage the place. She is the one who called for an inspection

Investigator Coss asked for a 30 day continuance so he could do an inspection.
 

Special Magistrate continued this case for 30 days.

 
G.
18-0163
CE
1710 Avienda Avenue Gamez, Irma
Gamez, Yaritzy
Heather Debevec
 
Case Initiated:  January 20, 2018 Type of Presentation: Regular
 
OWNER:
Irma Gamez
Yaritzy Gamez
510 S 23rd St
Ft. Pierce, FL 34950
TENANT:
Richard Caban
1710 Avienda Ave
Ft. Pierce, FL 34946
 

Section 5-1.104.5 – Unsafe Building
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
Code Officer Debevec read the facts of the case.

Marylou Gamez was sworn in.  She is the daughter-in-law. She said they have taken care of the trash.  She has talked to the tenant and told him he could not park the vehicle on the grass or the side of the building.  He moved it, but it is back. She told him he would also have to store the stuff inside not in the trailer.  He hasn't done this yet, but she will tell him he has 10 days to make sure the car is legal and move everything that is stored in the trailer inside and out of sight.
 

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

 
H.
17-3086
CE
1907 Avenue E  BH- Properties LLC Janey Vanderhorst
 
Case Initiated:  December 13, 2017 Type of Presentation:  Regular
 
VIOLATOR:
BH-18 Properties LLC
5911 Shady Oak Ln 
Fort Lauderdale, FL 33312
 
REGISTERED AGENT:
Dade County Corporate Agents, Inc
20295 NE 29th Place
Ste 200
Miami Gardens, FL 33055

IPMC 304.2 Protective treatment.
IPMC 302.7 Accessory structures. 
 

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.
17-2978
CE
704 S 7th Street Scott, Joy A. (LF EST) Isaac Saucedo
 
Case Initiated:  December 1,2017 Type of Presentation:  Regular
 
OWNER:
Joy Ann Scott (LF EST)
Joy S Leach
Joy A Scott (TR)
726 Orange Avenue
Ft. Pierce, FL 34950
OTHER ADDRESSES:
Joy Scott 
704 Orange Ave
Ft. Pierce, FL 34950

 
Joy Scott
724 Orange Ave
Ft. Pierce, FL 34950
Joy Scott
704 S 7th Street
Ft. Pierce, FL 34950

Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 304.1 Exterior structure – General
IPMC 304.2 Protective treatment
Section(s):  22-187 (13) – Landscape Maintenance
 
J.
18-0304
CE
2101 San Marcos Avenue Williams, John Heather Debevec
 
Case Initiated:  January 31, 2018 Type of Presentation: Regular
 
OWNER:
John Williams
2101 San Marcos Ave
Ft. Pierce, FL 34946
TENANT:
Shari McCormick
2101 San Marcos Ave
Ft. Pierce, Fl 34946

IPMC 304.1- Exterior Structure
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 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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
16-1443
Massey
2510 S Ocean Drive Aljen Inc Shaun Coss

Case Initiated:  June 9, 2016 Type of Presentation: Massey Hearing

OWNER:
Aljen Inc.
1424 SE McArthur Blvd.
Stuart, FL 34996
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Section(s): 5.1.105.4.1.2 Expired Permit
Building Investigator Coss read the facts of the case.  

Karen Poller was sworn in.  There has been a pending litigation with another person involved in this property for over 3 years.  Since this pending litigation she has kept the property up but she's not even sure she is the owner.  The other man involved claims he is. She said she could provide proof of the pending litigation, if necessary. She asked for a 90 day extension.  She has several parties interested in buying the building; but, due to the conflict with the City and the legal matter she is unable to consider that at this time.
 
Inspector Coss said the original permits have expired.  In 2017 the code changed and she will need an architect to redraw the plans that originally started in 2009.  The interior needs to have repairs made and so does some of the outside. This case is over two years old.  The City has issued several extensions but nothing seems to come of it, so Staff is not agreeable to extending the time.

Ms. Poller said she would have new plans drawn up and apply for the permits.  She asked for 30 days which the Special Magistrate agreed to.
 

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 30 days to allow property owner to correct the violations. If not corrected within this time the fines will begin again and a lien filed with the St. Lucie County Clerk of Court.

 
B.
17-0805
Massey
721 Hernando St Celentano, Frank J (Jr) Shaun Coss

Case Initiated:  April 17, 2017 Type of Presentation: Massey - Ext of Time

OWNER:
Frank J Celentano Jr.
1815 Melaleuca Drive
Ft. Pierce, FL 34949
OCCUPIED BY:


 

5-1.105.1 Permit Required
IPMC 304.10 Stairways, Decks, Porches, & Balconies
Building Investigator Coss read the facts of the case.

Frank Celentano was sworn in.  He said it was hard to find a contractor to do code enforcement violations; but, he has an architect who is doing the drawings.  He has an owner/builder exemption so he is applying for the permit.

Mr. Coss confirmed that he qualifies for owner/builder and recommended stopping the fines for 30 days.
 

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 30 days to allow property owner to correct the violations. If not corrected within this time, the fines will begin again and a lien filed with the St. Lucie County Clerk of Court.

 
C.
15-1900
Massey
1004 Texas Court Saeed, Ghazanfar Shaun Coss

Case Initiated: October 22, 2015 Type of Presentation: Massey

OWNER:
Ghazanfar Saeed & Muhammad Afzal
5201 Paleo Pines Circle
Ft. Pierce, FL 34951
OCCUPIED BY:


 

Section(s): 5-1.101.2.1- Unsafe Building
Section(s): 5-1.105.1- Permit Required
IPMC 108.1.1- Unsafe Structure
IPMC 304.1- Exterior Structure
IPMC 304.7- Roofs and Drainage
IPMC 304.13- Windows, Doors and Frames
IPMC 304.13.2- Openable Windows
IPMC 304.14- Insect Screens
IPMC 305.3- Interior Surfaces
IPMC 504.1- Plumbing Fixtures
IPMC 603.1- Mechanical Equipment
IPMC 605.1- Electrical Equipment
IPMC 605.2- Electrical Receptacles
IPMC 605.4- Wiring
IPMC 704.2- Smoke Alarms
Building Investigator Coss read the facts of the case.  He read the 3 criteria required for reducing fines and recommended reducing the fines to $750.00.

Ghazanfar Saeed was sworn in.  He said he appreciated Mr. Coss working with him and was in agreement to the $750.00 reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $26,440.00 to $750.00 payable in 30 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

 
D.
17-0810
Massey
3003 Carver Street Theriault, Marcel Shaun Coss
 
Case Initiated:  April 17, 2017 Type of Presentation: Massey - Stop Fines
 
OWNER:
Marcel Theriault
3325 SW 2nd Court
Deerfield Beach, FL 33442
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
IPMC 305.3 Interior Surfaces
IPMC 3091 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 505.3 Water Supply
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
Building Investigator Coss read the facts of the case.  He went over the 3 criteria and recommended reducing the fines to $750.00.

Mehrdad Shahgodary was sworn in.  He's the general contractor and he has been in contact with Mr. Coss who told him what needed to be done to bring the property into compliance.  He was told they could not put the washer and dryer in the bedroom.  The best solution was to turn the bedroom into a laundry room.  The owners did not want to do this.  The next best thing was to install a new structure outside to put the appliances.  He hired sub-contractors to do the work.  The property is now in compliance.

Ninon Chancy, the owner, was sworn in.  She was not happy with the contractor's work but was in agreement to the $750.00 reduction.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $3,530.00 to $750.00 payable in 30 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
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned: 10:15 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk