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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, JUNE 6, 2018.
 
1.
CALL TO ORDER:
9:10 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Janey Vanderhorst - Senior Code Enforcement Officer
Heather Debevec - Code Enforcement Officer
Shaun Coss - Building Department Investigator
Barbara Gasparre - Animal Control Officer
Isaac Saucedo - Code Enforcement Officer
#8524 M. Gibson - Fort Pierce Police Department
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-1395
PK Appeal
WAIVED
 1 TBD Trompower, Madison  Vince Alesi
ON MEDICAL LEAVE
 
Case Initiated: May 4, 2018 Type of Presentation: Citation Appeal
 
VIOLATOR:
Madison Trompower
 PARKING VIOLATION:
 Citation: 6003 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6003 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $0.00 $60.00
 
2.
18-0915 
PK Appeal
WAIVED
 1 TBD Ceglio, Carmine Vincent Alesi 
ON MEDICAL LEAVE
 
Case Initiated: March 21, 2018 Type of Presentation:  Citation Appeal
 
VIOLATOR:
Carmine Ceglio
 PARKING VIOLATION:
Citation: 7404 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7404 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $00.00 $60.00
 
3.
17-2244
BLDG
203 S 19th St. Rai, Kissinger Shaun Coss

Case Initiated:  November 27, 2017 Type of Presentation: Regular - Rescheduled

OWNER:
Kissinger & Noonamatti Rai
105 S 21st. St.
Fort Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
 
4.
16-1444
BLDG - PULLED
413 N 6th St. Simone (LF EST), Michael Shaun Coss
 
Case Initiated: June 9, 2016 Type of Presentation: Regular
 
OWNER:
Michael Simone (LF EST)
Michael Simone (TR)
424 N 7th St.
Ft Pierce, FL 34950
OCCUPIED BY:



 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 304.6 Exterior Walls
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 505.1 Water System
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.2 Smoke Alarms
 
5.
16-1455
BLDG-PULLED
407 N 6th St. Simone (LF EST), Michael Shaun Coss
 
Case Initiated:  June 13, 2016 Type of Presentation: Regular
 
OWNER:
Michael Simone (LF EST)
Michael Simone (TR)
424 N 7th St.
Ft Pierce, FL 34950 
OCCUPIED BY:



 

Section(s): 5-1.101.2.1 Unsafe Building
5-1.105.1 Permit Required
IPMC 108.1.1 Unsafe Structure
IPMC 304.6 Exterior Walls
IPMC 304.13 Windows, Doors & Frames
IPMC 304.15 Exterior Doors
IPMC 305.2 Structural Members
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
IPMC 704.2 Smoke Alarms
 
6.
18-0731
CE-COMPLIED
807 Texas Ct FVI Belle LLC Isaac Saucedo
 
Case Initiated:  March 8, 2018 Type of Presentation: Regular
 
OWNER:
FVI Belle LLC
2400 S Ocean Dr # 2339
Fort Pierce, Fl 34949
TENANT:
807 Texas Ct
Fort Pierce, Fl 34950
 
RESPONSIBLE PARTIES:
Ceballos Ceballos Bestulich & Padron LLC
890 S Dixie Hwy
Coral Gables, Fl 33146
 

1. Section 16-25 (C) – Responsibility for Containers
2. Section 22-187 (13) – Landscape Maintenance
 
7.
18-0595
CE-PULLED
906 Delaware Ave Batsche, Jeri L Isaac Saucedo
 
Case Initiated:  February 27, 2018 Type of Presentation:  Regular
 
OWNER:
Jeri L Batsche
2503 Lazy Hammock Lane
Fort Pierce, Fl 34981
OCCUPIED BY:
 

 

IPMC 302.7 -  Accessory structures.
 
8.
18-0118
CE-PULLED
313 North 15th Street Williams (EST), Cynthia Heather Debevec
 
Case Initiated:  January 12, 2018 Type of Presentation: Regular
 
OWNER:
Cynthia Williams (EST)
313 N 15th St
Ft. Pierce, FL 34950
TENANT:


 

IPMC 304.2 - Protective Treatment
 
9.
18-0797
CE-PULLED
720 S US Hwy 1 DKP Properties LLC Isaac Saucedo
 
Case Initiated:  March 15, 2018 Type of Presentation:  Regular
 
OWNER:
DKP Properties LLC
720 S US Highway 1
Fort Pierce, FL 34950
REGISTERED AGENT:
Deepak K Patel
1151 San Michelle Way
Palm Beach Gardens, FL 33418

Section 15-3 (b) – Removal of signs.
 
10.
18-0630
CE-COMPLIED
1305 San Diego Avenue Brown, Rebecca Heather Debevec
 
Case Initiated:  February 28, 2018 Type of Presentation: Regular
 
OWNER:
Rebecca Brown
1305 San Diego Ave
Ft. Pierce, FL 34946
TENANT:


 

Section(s):  22-187 (13) - Landscape Maintenance
 
11.
18-0511
CE - PULLED
850 S 21st Street (J) Pat’s New Style Barber Shop Inc. Vincent Alesi
 
Case Initiated: | February 17, 2018 Type of Presentation: Regular
 
OWNER:
Saucier Reality LLC
8351 Chinaberry Road
Vero Beach, FL 32963
OCCUPED BY:
Pat’s New Style Barber Shop Inc.
850 S 21st Street   (J)
Fort Pierce, FL 34950

Section 9-27 (B) – Doing Business without a Tax
 
12.
17-1408
AC - PULLED
812 Kaufman Avenue Herrera, Rosalba BJ Gasparre
 
Case Initiated: June 28,2017 Type of Presentation: Citations
 
VIOLATOR
Rosalba Herrera
VIOLATION
Citation #203AC, 204AC, 205AC
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
203 AC 4-27 - Rabies Vaccinations -2 $100.00 X 2 $200.00 $00.00 $5.00 $205.00
204 AC 4-50 Registration - 2 $250.00 X 2 $500.00 $00.00 $5.00 $505.00
205 AC 4-2 - Prohibited Animals -2 $50.00 X 2 $100.00 $00.00 $5.00 $105.00
 
13.
18-1268
AC-RESCHEDULED
3900 Okeechobee Road Herndon III, James Kenny Nelson
 
Case Initiated: August 17,2017 Type of Presentation: Citation
 
VIOLATOR:
James Herndon III
5710 NW Zenith Dr
Port St Lucie, FL  34986
VIOLATION
Citation 229 AC

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
229 AC 4-24 Animal Abuse-Cruelty or Neglect 1 @ $250 $250.00 $00.00 $5.00 $255.00
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-1106
PK Appeal
 1 TBD  Bass, Terry  #8524 Gibson

Case Initiated: April 1, 2018 Type of Presentation: Citation Appeal

VIOLATOR
Terry Bass
PARKING VIOLATION
Citation: 1494 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1494 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $00.00 $60.00
Fort Pierce Police Department Officer #8524 Gibson read the facts of the case.  She said they were called out for several vehicles parked wrong on April 1 at Jaycee Park.   This vehicle and trailer was parked in the boat & trailer area and took up four (4) spaces.  She provided photos marked as Exhibit 1.  She said all violators were ticketed that day.

Terry Bass was sworn in.  He said this was Easter weekend and the overflow parking was full.  So he parked sideways taking up the four (4) spaces.  He said if he had parked in the regular direction he would have blocked the driveway.  He said everytime he goes to Jaycee Park he gets a ticket.  He said there is not enough boat parking spots.
 
Code Compliance Manager Arraiz said if the parking area is full, they needed to go to another location.  The City is aware of the lack of spaces and has been working on the problem.  In the meantime the signs say "park in designated spaces only." 
 

The Special Magistrate found a violation did not exist and waived all fines and fees with a warning that if it happened again, he would not be as understanding.

 
D.
18-754
PK
Orange Ave Lot Lacagnina, Ashley Nicole Vincent Alesi

Case Initiated: | March 10, 2018 Type of Presentation: Citation

VIOLATOR
Ashley Nicole Lacagnina
PARKING VIOLATION
Citation #6189

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6189 10-23 Parking Regulation $50.00 x 1 $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.

 
E.
18-0779
PK
Opposite 201 S2nd ST Casanova, Kariana Vincent Alesi

Case Initiated: | March 14, 2018 Type of Presentation: Citation

VIOLATOR
Kariana Casanova
PARKING VIOLATION
Citation #6192

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
6192 10-23 Parking Regulation $50.00 x 1 $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.

 
F.
18-0917
PK
Orange Ave Lot Jenkins, Kevin Bruce Vincent Alesi

Case Initiated: | March 21, 2018 Type of Presentation: Citation

VIOLATOR:
Kevin Bruce Jenkins
 
PARKING VIOLATION:
Citation #7408

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7408 10-23 Parking Regulation $50.00 x 1 $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.

 
G.
18-0933
PK
207 Ave A Oakes, Anthony Vincent Vincent Alesi

Case Initiated: | March 23,  2018 Type of Presentation: Citation

VIOLATOR:
Anthony Vincent Oakes
 
PARKING VIOLATION:
Citation #7411

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
7411 10-23 Parking Regulation $50.00 x 1 $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.

 
J.
18-1269
AC
1512 Avenue E Harris, Lawrence BJ Gasparre

Case Initiated: January 25,2018 Type of Presentation: Citations

VIOLATOR:
Lawrence Harris
1512 Avenue E
Ft Pierce, FL 34950
VIOLATION:
Citation 223 AC, 481 AC, 482 AC

 

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
223 AC 4-22 Animal Restraint/Tethering - 3  3 @ $100.00 $300.00 $00.00 $5.00 $305.00
481 AC 4-27 No Rabies Vaccination - 3  3 @ $100.00 $300.00 $00.00 $5.00 $305.00
482 AC 4-50 No Registration - 3  3 @ 250.00 $750.00 $00.00 $5.00 $755.00
Code Compliance Manager Arraiz said compliance is our goal.  If he brings the animals into compliance the City will waive each violation.  If not brought into compliance the fines will remain as is.  She said she would be willing to give them 30 days to purchase and erect two kennels, 1 week to get the rabies vaccinations and 60 days to get the dogs registered.

Lawrence Harris was sworn in and he agreed to get this done.
 

The Special Magistrate found a violation does exist and the violators are ordered to pay the amount on the citation number(s) listed below unless, the violations are brought into compliance within the expiration date. Failure to pay the total amount prior to the expiration date will result in the case being turned over to the St. Lucie County Court and an additional fee may be imposed.

Citation # Code Section Fine / Counts Total Fine Admin Fee AC Surcharge Total Due
AC 223 4-22 Animal Restraint (at least 2 kennels should be provided).
30 days to bring into compliance
3 @ $100.00 $300.00 $.00 $5.00 $305.00
AC 481 4-27 No Rabies Vaccination
7 days to comply
3 @ $100.00 $300.00 $.00 $5.00 $305.00
AC 482
4-50 No Registration
60 days to comply
3 @ $250.00 $750.00 $.00
$5.00
$755.00
TOTAL AMOUNT DUE IF NOT
BROUGHT INTO COMPLIANCE
$1,360.00














 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
17-1754
BLDG
1510 N 16th St. Jackson, Melvina Shaun Coss

Case Initiated:  August 11, 2017 Type of Presentation: Regular

OWNER:
Melvina Jackson
1510 N 16th St.
Ft. Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate found 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. 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 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.

 
B.
17-2196
BLDG
420 N 31st St. Haimo Investment LLC Shaun Coss

Case Initiated:  September 21, 2017 Type of Presentation: Regular

OWNER:
Haimo Investment LLC
Reg. Agent: Lawrence Swan
709 W Cape Coral Pkwy
Cape Coral, FL 33914 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
 


Special Magistrate found 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. He ordered that the violator has 60 days in which to obtain permits for installation/replacement of the tankless water heater, air-conditioning system, and entry door; 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.
17-1753
BLDG
1504 N 16th St. Units A & B Morris, Ryan Shaun Coss

Case Initiated:  August 11, 2017 Type of Presentation: Regular

OWNER:
Ryan & Nathanial Morris
1504 N 16th St., Unit B
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.3 Structure Unfit for Human Occupancy
IPMC 304.13 Windows, Doors & Frames
IPMC 304.18 Building Security
IPMC 305.3 Interior Surfaces
IPMC 305.6 Interior Doors
IPMC 504.1 Plumbing Fixtures
IPMC 504.3 Plumbing System Hazards
IPMC 505.3 Water Supply
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.2 Electrical Receptacles
IPMC 704.2.1 Smoke Detectors
 

Special Magistrate found 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. He ordered that the violator has 60 days in which to obtain permits to replace windows and entry doors, infill the exterior wall where an a/c unit previously was; 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.

 
D.
17-1737
BLDG
1017 N 16th St, Unit B Eloizin, Jean Shaun Coss

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

OWNER:
Jean & Melicia Eloizin
3400 Ave Villandry
Delray Beach, FL 33445
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case.  He said he has been in communication with the property owner and recommended 30 days to comply.

Jean Eloizin came forward and agreed to this recommendation before he was sworn in.
 

Special Magistrate found that a violation does exist and that (violator) has committed or is responsible for the violations. He ordered that the violator has 30 days in which to obtain permits for emergency electrical repair to replace the lug in the meter can; 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.

 
J.
18-0729
CE
805 Texas Ct Ewen II, Dennie P & Vanessa Isaac Saucedo

Case Initiated:  March 8, 2018 Type of Presentation: Repeat

OWNER:
Dennie P Ewen II
Vanessa Ewen
805 Texas Ct
Fort Pierce, Fl 34950
OCCUPIED BY:
 


 

1. Section 16-46, 16-48 – Hanging Clothes on Fence
2. Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
3. Section 22-187 (13) – Landscape Maintenance
 

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 is hereby ordered that the Violator 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. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
M.
18-0974
CE
131 North 15th Street Teneyck, Jane A
Teneyck Jr (EST), Wayne A
Heather Debevec

Case Initiated:  March 30, 2018 Type of Presentation: Regular

OWNER:
Jayne A Teneyck
Wayne A Teneck Jr (EST)
5380 NW Dell Ct
Port Saint Lucie, FL 34986
TENANT:



 

Section 22-187(13) - Landscape Maintenance
Code Compliance Manager Arraiz said they have a copy of the signed warranty deed from new owner.  They notified the new owner about the violations; therefore, the City recommends continuing the case for two (2) weeks.
 

The Special Magistrate continued this case for two (2) weeks.

 
N.
18-0089
CE Cont.
131 North 15th Street Teneyck, Jane
Teneyck Jr (Est), Wayne
Heather Debevec

Case Initiated:  January 10, 2018 Type of Presentation: Regular - Cont. 

OWNER:
Jane Teneyck
Wayne Teneyck Jr (Est)
5380 NW Dell Ct
Port St. Lucie, FL 34986
TENANT:



 

IPMC 304.2 Protective Treatment
IPMC 302.7 Accessory Structure
IPMC 304.1 Exterior Structure
Same as previous case.
 

The Special Magistrate continued this case for 2 weeks.

 
O.
18-0818
CE
1014 Avenue H Tom Jaln Investments LLC Heather Debevec

Case Initiated:  March 16, 2018 Type of Presentation: Regular

OWNER:
Tom Jaln Investments LLC
1201 S Ocean Dr Apt 2006S
Hollywood, FL 33019
TENANT:
Sabrina Chennis
1014 Avenue H
Ft. Pierce, FL 34950

Section(s):  5-1.104.5 - Unsafe Building ( Covered Windows )
IPMC 304.2 - Protective Treatment
IPMC 302.7 - Accessory Structure
 

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 is hereby ordered that the Violator 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. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
P.
18-0369
CE
517 Douglas Court Gordon, Anthony Heather Debevec

Case Initiated:  February 6, 2018 Type of Presentation:  Regular

OWNER:
Anthony Gordon
1920 N 44th St
Ft. Pierce, FL 34947
TENANT:


 

IPMC 304.2 - Protective Treatment
 

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 is hereby ordered that the Violator 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. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
R.
18-0920
CE
140 North 14th Street GGH 15 LLC Heather Debevec

Case Initiated:  March 24, 2018 Type of Presentation: Regular

OWNER:
GGH 15 LLC
18305 Buscayne Blvd Suite 400
Aventura, FL 33160
TENANT:
Vacant Lot

 
REGISTERED AGENT:
Jonathan Politano
18305 Buscayne Blvd Suite 400
Aventura, FL 33160
 

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
 

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 is hereby ordered that the Violator 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. The Violator shall have 30 days within which to appeal this decision to the Circuit Court.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
17-0947
Massey - Cont.
1021 Avenue M Greenfield, James Heather Debevec

Case Initiated:  May 3, 2017 Type of Presentation: Massey - Cont.

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 presented the facts of the case and photos marked as Exhibit 1.  She said everything is in compliance but the fence.  She said this was a continued case from Special Magistrate Ross who ordered the fines to continue accruing until the property is in compliance.  The fines are, as of today, $19,720.00 which includes $20.00 recording fees.

James Greenfield was sworn in via telephone conference.  He said he had a friend who was going to remove the 3 posts and roll the fence material up and lean it against the existing fence.  He also said he hired a lawn care company to keep the property mowed and trimmed.  They were supposed to do it every two weeks.

Code Compliance Manager Arraiz said the code calls for the fence being in good repair.  He will have to remove the  posts and the fence material.  She recommended continuing the fines and bring the case back in two weeks.
 

The Special Magistrate, after hearing testimony from both parties, order the fines to be continued and bring the case back in two weeks.

 
B.
16-0318
Massey
2606 Sunrise Boulevard Van Dam, Lance Janey Vanderhorst

Case Initiated:  February 3, 2016 Type of Presentation: Massey

PREVIOUS OWNER/ADDRESS
Lance Van Dam
2606 Sunrise Boulevard
Ft. Pierce, FL 34982
CURRENT OWNER/ADDRESS:
Lance Van Dam
P. O. Box 727
Tyngsboro, MA 01879

Section(s): 5-368 Property Maintenance
Senior Code Enforcement Officer Janey Vanderhorst read the facts of the case and said Staff was recommending a reduction of $3,000.00.

Lance Van Dam was sworn in.  He asked the Special Magistrate to read his letter and requested a further reduction.  After the Special Magistrate read the letter where Mr. Van Dam was talking about the tenant damages and vandalism, he reduced the fines to $750.00.
 

The Special Magistrate, after reviewing the 3 criteria required by Rule 16 and after considering the facts including the letter from Mr. Van Dam, ordered the fines be reduced from $61,730.00 to $750.00 payable in 30 days. If not paid within this time, the fines would revert 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.
18-1244
Alarm Appeal
1811 Avenue M Johnson, John & Dianne Cynthia Ricker

Case Initiated: February 27,2018 Type of Presentation: Alarm Appeal

APPELLATE:
John and Dianne Johnson
1811 Avenue M
Ft Pierce, FL  34950
 

Date of Alarm Code Section Bldg. Type # of alarms Total Due
7/23/2017 14-24 – Excessive false alarm signals Residential 1 0
7/25/2017 14-24 – Excessive false alarm signals Residential 2 - paid $50.00
8/27/2017 14-24 – Excessive false alarm signals Residential 3 - paid $100.00
10/4/2017 14-24 – Excessive false alarm signals Residential 4 - waived ($150.00)
10/10/2017 14-24 – Excessive false alarm signals Residential 5 - waived ($200.00)
2/9/2018 14-24 – Excessive false alarm signals Residential 6 - appeal $150.00
  TOTAL FINES     $150.00
 
 
Date of Alarm Code Section   # of prior alarms Total Due
7/23/2017 Unregistered Permit Residential 0 - paid $50.00
7/25/2017 Unregistered Permit Residential 1 - waived (50.00)
8/27/2017 Unregistered Permit Residential 2 - waived (50.00)
10/4/2017 Unregistered Permit Residential 3 - waived $50.00
10/10/2017 Unregistered Permit Residential 4 - waived (50.00)
  TOTAL FEES     $00.00
Alarm Coordinator Cynthia Ricker read the facts of the case and said she has been working with Mr. and Mrs. Johnson.  The City waived counts 4 & 5 and the Johnsons paid $200.00 leaving a balance of $350.00.  

Diane and John Johnson were sworn in.  He said the ADT system was re-established after they bought the house.  He said they both work and when the alarm goes off the company calls their home phone rather than their cell phones.  When they finally get called on their cell phones, they tell the company not to call the Police Department; but they do and the Police show up after all.  They paid $200.00 more on the bill.  They called ADT and had them check the system.  They checked and found the alarm in the living room is constantly going off.  They replaced the monitor but it is continuing to go off.  There has been no attempts of a break in.  They installed cameras a couple of months ago but still the alarm is going off in the living room.  They have called ADT out several other times but they have not found the problem

Ms. Ricker confirmed this information through the report.  She has recommended the Johnsons bypass the living room sensor and they are now considering to do that. 
 

The Special Magistrate found John and Dianne Johnson:

  1. A violation of Chapter 14 Article II – Alarm Systems did exist.
  2. The alarm system owner did provide sufficient evidence to support their appeal of the false alarm penalties.
  3. The false alarm penalties assessed against the alarm system owner are hereby waived.
  4. The alarm system owner’s account shall be updated to comply with this order and shall retain their current false alarm count status of 7 false alarms. If another false alarm occurs, the fine will be $200.00.
  5. This order shall be forwarded to Cry Wolf for processing.

 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned: 10:15 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk