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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, MAY 2, 2018.
 
1.
CALL TO ORDER:
9:00 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Vince Alesi - Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Shaun Coss - Building Department Investigator
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-0113
PK - Paid
1 TBD Subhani, Syeda Mustafiza #4837 S. Griffith
 
Case Initiated:  January 5, 2018 Type of Presentation: Citation
 
VIOLATOR:
Syeda Mustafiza Subhani
PARKING VIOLATION:
Citation:34801PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 34801 PK 10-23 Parking Regulation 1@$30.00 $30.00 $10.00 $18.00 $58.00
 
3.
17-1590
BLDG - CM
1207 Texas Ct Dessources, Vasthie Shaun Coss
 
Case Initiated:  July 18, 2017 Type of Presentation: Regular
 
OWNER:
Vasthie & Roselene Dessources
1207 Texas Ct
Ft Pierce, FL 34950
 
OCCUPIED BY:



 

Section(s): IPMC 605.1 Electrical Equipment
IPMC 304.6 Exterior Walls
IPMC 304.7 Roofs & Drainage
 
4.
18-0195
CE - Pulled
736 Orange Ave Allstate Income Tax Vincent Alesi
 
Case Initiated: | January 20,2018 Type of Presentation: Regular
 
OWNER:
740 Orange Ave Associates LLC
P. O. Box 1617
Boca Raton, FL 33429
OCCUPIED BY:
Allstate Income Tax
736 Orange Avenue
Ft. Pierce, FL 34950

Section 9-27 (B) – Doing Business without a Tax
 
5.
18-0191
CE - CM
1701 W Sanderling Ln  High Point Of Delray Bldrs Inc Isaac Saucedo
 
Case Initiated:  January 22,2018 Type of Presentation:  Regular
 
OWNER:
High Point Of Delray Bldrs Inc
1175 NE 125th St Ste 102
North Miami, FL 33161
 
OCCUPIED BY:

 

 


Section 22-187 (13) – Landscape Maintenance
 
6.
18-0343
CE - Pulled
2728 Oleander Ave Cumerma, Roberto Isaac Saucedo
 
Case Initiated:  February 5, 2018 Type of Presentation:  Regular
 
OWNER:
Roberto Cumerma
2728 Oleander Blvd
Fort Pierce, Fl 34982
OCCUPIED BY:
 

 

16-46, 16-47, 16-48 (1)(5) – Outside Storage
IPMC 304.1 Exterior structure – General.
 
7.
18-0342
CE - Pulled
112 Maple Ave Gahn, William E
Gahn, Wanda A
Isaac Saucedo
 
Case Initiated:  February 5, 2018 Type of Presentation:  Regular
 
OWNER:
William E Gahn
Wanda A Gahn
8833 Lonesome Pine Trl
Fort Pierce, Fl 34945
OCCUPIED BY:
 


 

Section 22-187 (13) – Landscape Maintenance
Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
 
8.
18-0173
CE - CM
3 East Harbour Isle Dr 204 White, Sheryl Heather Debevec
 
Case Initiated:  January 20, 2018 Type of Presentation: Regular
 
OWNER:
Sheryl White
3745 Meeting St
Duluth, GA 30096
TENANT:
N/A

 

Section 9-25 - Proof of Business Activity; Burden of Proof on Applicant
Section 9-27(B) - Doing Business without a Tax
 
9.
18-0223
CE - CM
2010 Rio Vista Drive Celino (LFEST), Frank Heather Debevec
 
Case Initiated:  January 20, 2018 Type of Presentation: Regular
 
OWNER:
Frank Celino (LFEST)
2010 RIo Vista Dr
Ft. Pierce, FL 34949
email:frank.p.celino.ctr@wheeler.navy.mil
TENANT:



 

Section 9-25 - Proof of business activity; burden of proof on applicant
Section 9-27(B) - Doing Business without a Tax
 
10.
18-0230
CE - CM
1550 South Ocean Drive C-17 Decamp, Frederick
Decamp, Jennifer
Heather Debevec
 
Case Initiated:  January 20, 2018 Type of Presentation: Regular
 
OWNER:
Frederick Decamp
Jennifer Decamp
1550 S Ocean Dr 17
Ft. Pierce, FL 34949
TENANT:



 

Section 9-25 - Proof of business activity; burden of proof on applicant
Section 9-27(B) - Doing Business without a Tax
 
11.
18-0116
PK - Paid
 1TBD Huerta, Antonio Alberto #4919 G. Montgomery
 
Case Initiated:  January 9, 2017 Type of Presentation:  Citation
 
VIOLATOR:
Antonio Alberto Huerta
PARKING VIOLATION:
Citation:1159 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 1159 PK  10-23 Parking Regulation  1@$50.00 $50.00 $10.00 $18.00 $78.00
 
12.
17-2681
Cont. for Special
Hearing
101 North US Highway 1 Brackett Family Limited Prtnsp Heather Debevec
 
Case Initiated:  October 26, 2017 Type of Presentation: Regular - Cont from 3/21/18
 
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
 
13.
18-0299
CE - Cont.
2002 West 21st Court Brown, Eloise Heather Debevec
 
Case Initiated:  January 31, 2018 Type of Presentation: Regular
 
OWNER:
Eloise Brown
PO Box 5755
Takoma Park, MD 20913
INTERESTED PARTY:
David Brown
53 Ponce Blvd N
Jacksonville, FL 32218

IPMC 304.2 - Protective Treatment
Section 16-46,16-47,16-48 (1)(5) - Outside Storage
 
14.
18-0178
CE - Complied
19 West Harbour Isle Drive 104 Poe, Howard
Poe, Donna
Heather Debevec
 
Case Initiated: January 20, 2018 Type of Presentation: Regular
 
OWNER:
Howard Poe
Donna Poe
1184 River Drive SW
Darien, GA 31305
TENANT:



 

Section(s):  9-25 - Proof of Business Activity; Burden of Proof on Applicant
Section(s):  9-17 (B) - Doing Business without a Tax
 
15.
18-0317
CE - Cont.
1300 Seaway Drive D8 Tarr, Steven Heather Debevec
 
Case Initiated:  January 20, 2018 Type of Presentation: Regular
 
OWNER:
Steven Tarr
4521 PGA Blvd 201
Riviera Beach,FL 33418
TENANT:


 

Section 9-25 - Proof of business activity; burden of proof on applicant.
Section 9-27(B) - Doing Business without a Tax
 
4.
PUBLIC HEARINGS - CITATIONS
 
B.
18-0179
PK
 1 TBD Patel, Bharatkumar Jashbhai  #4919 G. Montgomery

Case Initiated:  January 14, 2018 Type of Presentation:  Citation

VIOLATOR:
Bharatkumar Jashbhai Patel
PARKING VIOLATION:
Citation:1160PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
 1160 PK 10-23 Parking Regulation 1@$50.00  $50.00 $10.00 $18.00 $78.00
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failing to appear is responsible for the violation(s). Further, this Court enters a Default Summary Judgement based on the unrefuted facts as presented in the City’s Affidavit. 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.
18-0600
CE 
117 North 14th Street Gonzalez, Alex Heather Debevec
 
Case Initiated:  February 27, 2018 Type of Presentation:  Repeat
 
OWNER:
Alex Gonzalez
1702 SE Manth Ln
Port St. Lucie, FL 34983
TENANT:
Sarah Gomez - Soto
117 N 14th St
Ft. Pierce, FL 34950

Sections 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Sections  16-46, 16-47, 16-48 (10)(D) - Non-Operable Vehicles
Code Officer Debevec read the facts of the case.  She said Ms. Gomez has shown her photos showing the violations have been corrected; but, she hasn't had a chance to inspect yet.

Sarah Gomez Soto was sworn in.  She verified everything has been done except one vehicle.  She has obtained the insurance and has plans to get the tag this evening.
 

After hearing the testimony of Code Officer and Sarah Gomez Soto, the Special Magistrate continued this case until the May 16 meeting date.

 
B.
18-0194
CE
820 Orange Ave Palmera Appliance Vincent Alesi
 
Case Initiated: | January 20,2018 Type of Presentation: Regular
 
OWNER:
James E Hatfield
PO Box 4447
Fort Pierce, FL 34948
OCCUPIED BY:
Palmera Appliance
820 Orange Ave
Fort Pierce, FL 34950

Section 9-27 (B) – Doing Business without a Tax
Code Enforcement Officer Alesi read the facts of the case.

James Hatfield was sworn in.  He is the owner of the building.  He said he was trying to contact Palmera Appliances to obtain the license but no luck at this time.  His concern was about the order being against him rather than Palmera.

Mr. Hatfield was told that they need to apply for the license within 5 days or the utilities would be discontinued.  He said he was going to go up and pay for the business tax now.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Palmera Appliances has committed or is responsible for the violations. She ordered that the violator(s) have 5 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. She further ordered that after the 5 day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal her decision in the Circuit Court of St. Lucie.

 
C.
18-0795
CE
2503 Avenue N NM & HM Inc Andy Avery

Case Initiated: March 15, 2018  Type of Presentation: Regular 

OWNER:
NM & HM Inc
6980 NW Denargo St
Port St Lucie, FL 34983
OCCUPIED BY:

 
 

Section 22-192 (A), 22-177 – Tree Removal
Section 22-194 – Tree Protection and mitigation
A stipulation was signed where NM & HM Inc. agreed to pay $500.00 to the City of Fort Pierce Tree Fund and replant 3 live oak trees on the property 3" to 4" in caliber.  If not remedied within 90 days a fine of $100.00 per day will be assessed.
 
D.
18-0502
CE
346 Fernandina Street Kovich, Michelle Heather Debevec
 
Case Initiated:  February 16, 2018 Type of Presentation: Regular
 
OWNER:
Michelle Kovich
346 Fernandina St
Ft. Pierce, FL 34949
 

Section 16-46, 16-47, 16-48 (1) (5) - Outside Storage
Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
 

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.

 
E.
18-0089
CE
131 North 15th Street Teneyck, Jane
Teneyck Jr (Est), 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


 

IPMC 304.2 Protective Treatment
IPMC 302.7 Accessory Structure
IPMC 304.1 Exterior Structure
Code Enforcement Officer Debevec read the facts of the case.  She said Mrs. Teneyck is having some family medical issues and the City recommends continuing the case for 30 days.

Jane Teneyck was sworn in.  She said the property is for sale and she has a potential buyer.  She was warned that she needed to let the buyer know there are code enforcement violations against the property and they have a 30 day window to correct the violations.  
 

After listening to the testimony, the Special Magistrate continued this case for 30 days.

 
F.
18-0952
CE
813 South Indian River Drive Wright, John & Diana Heather Debevec
 
Case Initiated:  March 27, 2018 Type of Presentation: Repeat
 
OWNER:
John & Diana Wright
813 S Indian River Dr
Ft. Pierce, FL 34950
TENANT:


 

Section 9-25 - Proof of Business activity; burden of proof on applicant
Section 9-27(B) - Doing Business without a Tax
 

Special Magistrate found the violators who are not present are deemed to have admitted guilt and that John and Diana Wright have conducted short term rentals. The rentals that have already commenced are considered irreversible and irrevocable in nature, and a fine equal to one week’s rental or $2,970.00 is to be assessed payable within 30 days. She also ordered the immediate cease and desist order from the City be imposed and all future rentals be terminated. She ordered that after the 30- day period, if not complied, all utilities to the premises were to be suspended while the violation continues. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie.

 
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 Department Investigator Coss read the facts of the case.  He said the pending litigation is still active and he recommends stopping the fines for 60 days.  She has the permits.

Karen Pollar was sworn in.  She said the contractors signed the permits, but sent them to Martin County to be notarized.  They wouldn't do it, so they are still waiting to be notarized.

The Special Magistrate asked her about the litigation and she said it was still pending.
 

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 60 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 Department Investigator Coss read the facts of the case. He said Mr. Celantano has applied for the permit and the City recommends continuing the case for 60 days.

Frank Celentano was sworn in.  He agreed with this recommendation.
 

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 60 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.
17-0947
Massey
1021 Avenue M Greenfield, James Heather Debevec
 
Case Initiated:  May 3, 2017 Type of Presentation: Massey
 
PREVIOUS OWNER:
Jan Reno (deceased)
1709 Garfield Street
Bastrop, TX 78602
CURRENT OWNER:
James Greenfield
1709 Garfield Street
Bastrop, TX 78602

Section(s): 5-368 (1) (4) Property Maintenance
Section(s): 5-368 (6) Fence Maintenance
Code Enforcement Officer Debevec read the facts of the case.  She said the trim has not been replaced, but the majority of fence has been removed.

James Greenfield was sworn in (via telephone conference).  Mr. Greenfield said he was doing the best he could considering he's having to do it long distance.  He first hired a company to take care of the property; but they didn't show up.  He just received the title to the property in March and he's planning to move to Florida in June.  He has hired another company, Manny's Lawn Service, to do the maintenance on the property and so far that's been done.  He asked for more time.

Code Compliance Manager Arraiz explained to Special Magistrate Ross the 3 options she had to make a ruling.  She could adjust the fines by lowering, raising, or waiving.  
 

After hearing the testimony, the Special Magistrate continued this case for 30 days.

 
D.
17-1820
Massey
423 N 10th Street Dellepere, Patricia (TR) Heather Debevec
 
Case Initiated:  August 19, 2017 Type of Presentation: Massey - Stop Fines
 
OWNER:
Patricia Dellepere (TR)
1841 Banks Road
Margate, FL 33063
OCCUPIED BY:
Marquise Lewis
423 N 10th Street
Ft. Pierce, FL 34950 

Section(s): 16-46, 16-47, 16-48 (10) (D) - Non-operable Vehicles (complied)
Section(s): t-368 (1)(3)(4) Property Maintenance
Code Enforcement Officer Debevec read the facts of the case.  She said the property is vacant and there is no permit for the roof as of this date.

Patricia Dellepere was sworn in.  She said they tried to make the repairs, but her renter was not being cooperative.  They evicted them.  She hired a roofer to get the permit for her.  He ordered shingles instead of metal. She had been communicating with Shaun Coss who extended her an additional 90 days.  Her assistant, who is no longer with her, failed to let Heather know this.  She said the house was ready except for the roof. 

Code Compliance Manager Arraiz spoke with Mr. Coss and confirmed this information.
 

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.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
A.
17-1735
BLDG
1147 Hernando St. Nole, James Shaun Coss

Case Initiated:  August 9, 2017 Type of Presentation: Motion to Set Aside

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
Building Department Investigator Coss read the facts of the case.  He said Staff made a mistake and didn't pull the case prior to the hearing.  City recommends extending 90 days to bring the property into compliance and if not brought into compliance the fines should start at $100.00 per day.
 

The Special Magistrate issued an order to set aside the previous order for 90 days to allow for the property to obtain a permit. If permit is not issued within the 90 days, the fines will return to the original amount of $100.00 per day and a lien will be recorded.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting Adjourned: 
10:05 AM

Respectfully submitted:
Colleen Greer
Code Enforcement Clerk