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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, JULY 18, 2018.
 
1.
CALL TO ORDER:
9:11 AM
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:

Code Compliance Manager - Margaret Arraiz
Code Enforcement Officer - Heather Debevec
Building Dept. Coordinator - Shaun Coss
FPPD Officer - J Mojica
FPPD Officer - K Montgomery

 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-0675
PK - paid
 1 TBD Summerall, Christopher
Citation 1168
#4919 G. Montgomery
 
Case Initiated: February 17,2018 Type of Presentation: Citation
 
VIOLATOR:
Christopher Summerall 
PARKING VIOLATION:
Citation: 1168 PK
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1168 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 
2.
17-1408
AC - pulled
812 Kaufman Avenue Herrera, Rosalba BJ Gasparre
 
Case Initiated: June 28,2017 Type of Presentation: Citations
 
VIOLATOR
Rosalba Herrera
812 Kaufman Avenue
Ft. Pierce, FL 34950
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
 
3.
18-1331
Cit. - paid
1415 S Ocean Drive ( JC Park) Wright, John Heather Debevec
 
Case Initiated: | April 28,2018 Type of Presentation: Citation
 
VIOLATOR:
John Wright
813 S Indian River Dr
Ft. Pierce, FL 34950
CITATION:
731CE

 
 
Citation # Code Section Fine / Counts Total Fine Admin Fee Total Due
731CE 9-80 Street Vendor – Permit Required 1 @ $50.00 $50.00 $10.00 $78.00
 
4.
17-2926
Building - CM
1003 Texas Ct Lindsey, Katesha Shaun Coss
 
Case Initiated:  November 21, 2017 Type of Presentation: Regular
 
OWNER:
Katesha Lindsey
Florine Davis (EST)
1003 Texas Ct.
Ft Pierce, FL 34950 
OCCUPIED BY:



 

Section(s): 5-1.105.1 Permit Required
 
5.
 
18-1136
CE - CM
1609 Colonial Rd Calderon, Abel  Isaac Saucedo
 
Case Initiated:  April 10, 2018 Type of Presentation: Regular
 
OWNER:
Abel Calderon 
1609 Colonial Rd
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
6.
18-1197
CE - CM
409 Cedar Place Cruickshank, Cephus Heather Debevec
 
Case Initiated: | April 13, 2018 Type of Presentation: Regular
 
VIOLATOR:
Cephus Cruickshank
2312 N 44th St
Ft. Pierce, FL 34946
TENANT:
Sandra Coburn
409 Cedar Pl East
Ft. Pierce, FL 34950

Section(s):  16-46 Maintenance of nuisance on property prohibited
Section(s):  16-48 Nuisance as an Object 
 
7.
18-1079
CE - pulled
1510 San Diego Avenue Stokes, Willie
Stokes, Mirian
Heather Debevec
 
Case Initiated:  April 6, 2018 Type of Presentation: Regular
 
OWNER:
Willie Stokes
Mirian Stokes
2103 W Minnehaha St
Tampa, FL 33604
TENANT:
Raneisha Burgess
1510 San Diego Ave
Ft. Pierce, FL 34950
 

Section 16-25 (C) - Responsibility for Containers
Section 5-73 - House Numbers
Section 5-1.104.5 - Unsafe Building (covered windows)
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 22-187 (13) - Landscape Maintenance
IPMC - 304.7 - Roofs and Drainage
IPMC - 304.2 - Protective Treatment
 
8.
18-1037
CE - Pulled
620 Texas Court Kuczynski, Anthony Isaac Saucedo
 
Case Initiated:  April 5, 2018 Type of Presentation: Regular
 
OWNER:
Anthony Kuczynski
620 Texas Court
Fort Pierce, Fl 34950
OCCUPIED BY: 


 

22-187 (13) – Landscape Maintenance
16-46, 16-47, 16-48 (10) (D) – Non-Operable Vehicles
IPMC 302.7 Accessory structures.
IPMC 304.6 Exterior walls. 
 
 
9.
17-0898
Ext of Time -
 Pulled
1450 Bell Avenue Railside LLC Shaun Coss
 
Case Initiated:  April 5, 2017 Type of Presentation: Extension of Time - cont.
 
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
 
4.
PUBLIC HEARINGS - CITATIONS
 
A.
18-0517
PK
 1 TBD Craton, Adam
Citation 1355
 #8725 K. Montgomery

Case Initiated: February 1, 2018 Type of Presentation: Citation

VIOLATOR:
Adam Craton
PARKING VIOLATION:
Citation: 1355 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1355 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 pay the amount on the citation 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.
18-1083
PK
1 TBD Ford, Brent
Citation 1388
#8725 K Montgomery

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

VIOLATOR:
Brent Ford 
PARKING VIOLATION:
Citation: 1388 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
1388 PK 10-23 Parking Regulation 1 @ $50.00 $50.00 $10.00 $18.00 $78.00
 

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 pay the amount on the citation 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.

 
D.
18-0397
PK
 1 TBD Duclona, Esquibel
Citation 34256
#8746 J. Mojica 

Case Initiated: February 7, 2018 Type of Presentation: Citation

VIOLATOR:
Esquibel Duclona
PARKING VIOLATION:
Citation: 34256 PK

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
34256 PK 10-23 Parking Regulation 1 @ $250.00 $250.00 $10.00 $18.00 $278.00
 

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 pay the amount on the citation 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.
18-0396
PK
1 TBD Duclona, Esquibel
Citation 34255
#8746 J Mojica

Case Initiated: February 7, 2018 Type of Presentation: Citation

VIOLATOR:
Esquibel Duclona 
PARKING VIOLATION:
Citation: 34255

Citation # Code Section Fine / Counts Total Fine Admin Fee Late  Fee Total Due
34255 PK 10-23 Parking Regulation 1 @ $250.00 $250.00 $10.00 $18.00 $278.00
 

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 pay the amount on the citation 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.
17-2805
Building
3607 Oleander Ave House of Believers Inc Shaun Coss

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

OWNER:
House of Believers Inc
Attn: Syed Shafeeq Rahmen
805 Virginia Ave, Suite 16
Fort Pierce, FL 34982 
OCCUPIED BY:

 

 

Section(s):
5-1.101.2.1 Unsafe Building
5-1.105.4.1.2 Expired Permit
 

Special Magistrate found that a violation does exist and that House of Believers, Inc. has committed or is responsible for the violations. She ordered that the violator has 60 days in which to obtain and renew permits, 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; comply with all other permit conditions; and cure all other violations described in the Order not requiring a permit or a fine of $100.00 per day be assessed.

 
B.
17-1630
Building
1726 Okeechobee Rd Mustafa, Nazir Shaun Coss

Case Initiated:  July 24, 2017 Type of Presentation:  Regular

OWNER:
Nazir Mustafa
6980 NW Denargo St.
Port St. Lucie, FL 34983 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Dept. Coordinator Coss read the facts of the case.  He said there is a complaint against the contractor and he said he recommended continuing the case to resolve this matter.

Hadine Mustafa was sworn in for testimony.   She said they have talked to another contractor and the 60 days should be enough time.
 

Special Magistrate, upon hearing the facts of the case, continued the case for 60 days.

 
C.
18-0971
Building
117 N 14th St. Gonzalez, Alix Shaun Coss
 
Case Initiated:  March 30, 2018 Type of Presentation: Regular
 
OWNER:
Alix Gonzalez
1702 SE Manth Ln
Port St. Lucie, FL 34983 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate found that a violation does exist and that Alix Gonzales. has committed or is responsible for the violations. She ordered that the violator has 60 days in which to obtain and renew permits, 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; comply with all other permit conditions; and cure all other violations described in the Order not requiring a permit or a fine of $50.00 per day be assessed.

 
D.
17-0874
Building
14 W Harbour Isle Dr. Harbour Isle at Hutchinson Island W Shaun Coss

Case Initiated:  April 24, 2017 Type of Presentation: Regular

OWNER:
Harbour Isle at Hutchinson Island West Condominium Association Inc.
14 W Harbour Isle Dr.
Ft Pierce, FL 34949 
OTHER:
Ross, Earle, & Bonan, P.A.
Reg. Agent for Harbour Isle at Hutchinson Island W
789 S Federal Hwy, Suite 101
Stuart, FL 34994 

Section(s): 5-1.105.1 Permit Required
John Kerrigan, Attorney for Harbour Isle at Hutchinson Island W and Building Dept. Coordinator Shaun Coss signed a stipulation stating they would obtain a permit for the posts, sail shades, provide an accessible route to and from the bocce court and the installation of park benches.
 

Special Magistrate accepted the stipulation as presented.

 
E.
17-2306
Building
1305 Avenue D Howard, Alexander Shaun Coss

Case Initiated:  November 29, 2017 Type of Presentation: Regular

OWNER:
Alexander Howard
3104 Juanita Ave
Fort Pierce, FL 34946 
OCCUPIED BY:


 

Section(s):
IPMC 305.3 Interior Surfaces
IPMC 304.7 Roofs & Drainage
Building Dept. Coordinator Coss read the facts of the case.  He spoke to Mr. Howard about the permit not being properly closed out.  He needed to renew the permit and have the work inspected.

Oscar Howard was sworn in.  He said he has contracted with Andros Construction. 

Lloyd Constance of Andros Construction was sworn in.  He said the roof is complete and they were just waiting for the final inspection.  They needed a little more time.
 

Prior to hearing the case Special Magistrate Ross disclosed she knew Mr. Constance personally, but was comfortable with hearing the case.

After hearing the facts of the case and the testimony from Mr. Howard the Special Magistrate continued the case for 30 days.

 
F.
17-2399
Building
101 N 2nd St. Kraaz & Kraaz Finance, Inc. Shaun Coss

Case Initiated:  October 16, 2017 Type of Presentation: Regular

OWNER:
Kraaz & Kraaz Finance, Inc.
124-A N 2nd St.
Ft Pierce, FL 34950
OTHER:
Orange Bloom LLC
101 N 2nd St.
Ft Pierce, FL 34950

Section(s): 5-1.105.1 Permit Required
 

Special Magistrate found that a violation does exist and that Orange Bloom LLC has committed or is responsible for the violations. She ordered that the violator has 60 days in which to obtain and renew permits, 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; comply with all other permit conditions; and cure all other violations described in the Order not requiring a permit or a fine of $100.00 per day be assessed.

 
G.
17-2410
Building
2807 Okeechobee Rd. Ginger 15 LLC Shaun Coss

Case Initiated:  October 13, 2017 Type of Presentation: Regular

OWNER:
Ginger 15 LLC
9429 Poinciana Ct
Ft Pierce, FL 34951
 
OTHER:
Michael Melton
Reg. Agent for Ginger 15 LLC
230 NW Pinelake Village Blvd.
Jensen Beach, FL 34957 

Section(s): 5-1.105.1 Permit Required
IPMC 108.1.4 Unlawful Structure
IPMC 304.6 Exterior Walls
IPMC 304.7 Roofs & Drainage
IPMC 305.3 Interior Surfaces
Building Dept Coordinator Coss read the facts of the case.  He said he had spoke to Mr. Melton and recommended the Special Magistrate give him a little more time.

Michael Melton was sworn in.  He said he had inherited this property from his father and was working on the violations; however, he needed more time.
 

Special Magistrate after hearing testimony from officer and the respondent continued this case for 60 days.

 
H.
17-0894
Building
2504 Avenue G New Covenant Prayer Center Shaun Coss

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

OWNER:
New Covenant Prayer Center
1304 N 20th St.
Ft Pierce, FL 34950 
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Dept. Coordinator Coss read the facts of the case.  Photos were presented and marked as composite exhibit 1.

Pastor Stafford Fisher and Essie Fisher were sworn in.  He said they were trying to get their 501C but the check was returned because there was a clerical error.  They have a grant from Home Depot.
 

Special Magistrate found that a violation does exist and that New Covenant Prayer Center has committed or is responsible for the violations. She ordered that the violator has 90 days in which to obtain and renew permits, 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; comply with all other permit conditions; and cure all other violations described in the Order not requiring a permit or a fine of $100.00 per day be assessed.

 
I.
16-1217
Building
2512 Avenue E Martin, Tremayne Shaun Coss

Case Initiated:  November 22, 2017 Type of Presentation: Regular

OWNER:
Tremayne Martin
2512 Avenue E
Fort Pierce, FL 34947 
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 108.1.2 Unsafe Equipment
IPMC 108.1.3 Structure unfit for Human Occupancy
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 305.4 Walking Surfaces
IPMC 309.1 Infestation
IPMC 504.1 Plumbing Fixtures
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 605.1 Electrical Equipment
IPMC 605.4 Wiring
IPMC 704.1 Fire Protection Systems
Building Dept. Coordinator Coss read the facts of the case.  He said he spoke to Mr. Martin a few months ago, but hasn't spoke to him since.

Tremayne Martin was sworn in.  He said he has obtained the roof and fence permits but needed more time.  He's had the property for about 8 months.  He's trying to get it done but his finances doesn't allow him to do it all at once.

Special Magistrate asked if he was a first time owner and he said he was.  She said he should check with the City for any funds that might be available to help him out or recommend other organizations that assist residents.  If he can't get help, once he obtains the permits, he has 180 days and if necessary the City could grant more time or come back before the Special Magistrate.
 

Special Magistrate found that a violation does exist and that Tremayne Martin has committed or is responsible for the violations. She ordered that the violator has 90 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.

 
J.
18-1013
CE
318 N 18th Court Smith, Anthony L Isaac Saucedo
 
Case Initiated:  April 4, 2018 Type of Presentation: Regular
 
OWNER:
Anthony L Smith
318 N 18th Court
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

16-46, 16-47, 16-48 (1) (5) – Outside Storage
16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
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.

 
K.
18-1201
CE
510 N 6th Street Cruickshank, Cephus Heather Debevec
 
Case Initiated: | April 13, 2018 Type of Presentation: Regular
 
OWNER:
Cephus Cruickshank
2312 N 44th St
Ft. Pierce, FL 34946
TENANT:
Tenant
510 N 6th St
Ft. Pierce, FL 34950

16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 304.2 - Protective Treatment
IPMC 304.7 - Roofs and Drainage
Code Officer Debevec read the facts of the case and presented photos that were marked as composite exhibit 1.  She said Mr. Cruickshank has obtained the permit.  Code Compliance Manager Arraiz said she would permit him to fix the roof before painting the building.

Cephus Cruickshank was sworn in.  He said the shopping carts were brought in by his tenants.  Special Magistrate Ross reminded him the property belonged to him and he was responsible for any violations on the property.
 


Prior to hearing testimony Special Magistrate Ross disclosed she personally knew Mr. Cruickshank and his family but was comfortable hearing the case. She found that a violation does exist and that Cephus Cruickshank has committed or is responsible for the violations. She ordered that the violator has 20 days in which to remove the outside storage 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 $50.00 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.

 
L.
18-0900
CE
1402 Avenue J V M Dixon II Heather Debevec
 
Case Initiated:  March 22, 2018 Type of Presentation: Regular
 
OWNER:
V M Dixon II
P O BOX 1746
Ft. Pierce, FL 34954
TENANT:
Eugene Sylvester
1402 Avenue J
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
IPMC 304.1 Exterior Structure - General
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.

 
M.
18-1432
CE Repeat
346 Fernandina Avenue Kovich, Michelle Heather Debevec
 
Case Initiated: | May 12, 2018 Type of Presentation: Repeat
 
OWNER:
Michelle Kovich
346 Fernandina Avenue
Ft. Pierce, FL 34949



 

Section(s): 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section(s): 11-11 - Storage of Commodities
Code Officer Debevec read the facts of the case and presented photos marked as composite exhibit 1. 

Charlene Adair, a volunteer for the city, was sworn in.  She confirmed she is the person who took the photos as Officer Debevec was not able to get them prior to the meeting.

Michelle Kovich and Craig Bousley were sworn in.  Mr. Bousley said he repairs appliances outside but they are put inside in the evening.  Staff said they were unaware of a Business Tax Receipt being issued to Mr. Bousley to operate a small business inside this residential area.

Ms. Kovich said she had a yard sale over the weekend and this was the leftover stuff.  She said the granite was due to them having a leak and the area was going to be repaired.  The granite would be put back in the area after the repair.

Code Compliance Manager Arraiz said Staff needed to check into the fact they were operating a business and asked for an extension of 30 days.
 

After hearing testimony from the code officer and property owner, Special Magistrate continued this case for 30 days.

 
N.
18-1017
CE
306 North 14th Street Otani, Alan
Otani, Gayle
Heather Debevec
 
Case Initiated: | April 4, 2018 Type of Presentation: Regular
 
OWNER:
Alan Otani
Gayle Otani
12441 Barabara Ave
Los Angels, CA 90066 
TENANT:
James Richardson
306 N 14th St
Ft. Pierce, FL 34950
 

Section(s): 5-1.104.5 - Unsafe Building (Covered Window)
IPMC 304.2 - Protective Treatment
Code Officer Debevec read the facts of the case.  

Noni Carinha was sworn in.  She is the property manager.  She said she hired someone to do the work but they didn't do it.  She has now contracted with another company but needed more time.
 

Special Magistrate found that the violation listed on the summary sheet does exist and that Alan & Gayle Otani have committed or is responsible for the violations. She ordered that the violator(s) have 15 days in which to comply with the city code of ordinances. In the event the violations 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 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.

 
O.
18-1324
CE
1501 Avenue Q Hill, Antonio
Hill, Shershana
Hill, Destiny
Heather Debevec
 
Case Initiated: | April 28, 2018 Type of Presentation: Regular
 
OWNER:
Antonio Hill
Shershana Hill
Destiny Hill
1501 Avenue Q
Ft. Pierce, FL 34950
 

5-1.104.5 - Unsafe Building (covered windows)
IPMC 304.2 - Protective Treatment
22-187(13) - Landscape Maintenance
IPMC 302.7 Accessory Structure
Code Officer Debevec read the facts of the case and presented photos that were marked as composite exhibit 1.  She said the landscaping is now in compliance.

Shershana Hill was sworn in.  She said Destiny was her niece.  The property was left to her and her brother Antonio who is deceased.  She has another brother but he is out of town for at least 6 years.  She said the house is vacant and she didn't know why she had to remove the plywood.  She said she has obtained an estimate for doing the work and replacing the windows but needed more time. 

Code Compliance Manager Arraiz asked to see the estimate.  She asked if the windows were impact resistant.  The estimate was $25,000.  Ms Hill said she didn't know what kind of windows they were but she was also checking with other companies because the estimate was too much.

Mrs. Arraiz recommended amending the recommendation to allow her time to obtain estimates and apply for the permit to repair or replace the windows.
 

Special Magistrate found that section 22-187 (13) 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 a fine be entered.

Special Magistrate found that the remaining violations listed on the summary sheet does exist and that Shershana Hill has committed or is responsible for the violations. She ordered that the violator(s) have 30 days in which to comply with painting the chimney and the wall and 90 days to obtain a permit and comply to all conditions of the permit for covering or replacing the windows. If the windows are impact resistant it will not be necessary to cover the windows. If not the windows will need to be shuttered or covered with plywood. In the event the violations 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 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.

 
P.
18-0873 1508 G Terrace Green (ETAL), Willie Heather Debevec
 
Case Initiated: | March 21, 2018 Type of Presentation: Regular
 
OWNER:
Willie Green
Louise Green
2904 Juanita Ave
FT. Pierce, FL 34950
 

Section(s): 
16-46, 16-47, 16-48 (10)(D) Non - Operable Vehicle
IPMC 304.1 Protective Treatment
Code Officer Debevec read the facts of the case. 

Willie Green was sworn in.  He said the car wasn't his but he does know the owner.  He contacted them but they won't come out and move it.  The van is his but he can't move it.  He said he contacted someone to pull it out but they couldn't get it due to the sand.  He got stuck also.  He's tried this at least 5 times.  He has sold the van to Willie's Car Care but hasn't been able to get it out.  All the vehicles keep getting stuck.  He wants to get someone with a tractor to try and get it out.
 

After hearing testimony from the City and the respondent, Special Magistrate continued the case for 30 days.

 
Q.
18-0871 1506 G Terrace Strong, Merdis Heather Debevec
 
Case Initiated: | March 21, 2018 Type of Presentation: Regular
 
OWNER:
Merdis Strong
1506 G Terrace
Ft. Pierce, FL 34950
TENANT:
Harry Strong
1506 G Terrace
FT. Pierce, FL 34950

IPMC 304.2 Protective Treatment
IPMC 304.7 Roofs and Drainage
Section 16-46, 16-47, 16-48 (11)  - Outside Storage Indoor Furniture
Code Officer Debevec read the facts of the case.  She said some of the painting is done but there has been no permit obtained.

Harry Strong was sworn in.  He said his mother is in a nursing home and he just got out of one.  He hasn't received his check yet.  He said he would take care of the outside storage and he has talked with a contractor to repair the roof.
 

After hearing testimony from the City and the respondent the Special Magistrate continued the case for 30 days.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
17-0927
Massey
1106 N 7th Street Noelke, Joe & Gina Heather Debevec

Case Initiated:  June 24, 2017 Type of Presentation: Massey Hearing

OWNER:  PREVIOUS ADDRESS
Joe & Gina Noelke LLC
2504 Gray Twig Lane
Ft. Pierce, FL 34950
OWNER: CURRENT ADDRESS
Joe & Gina Noelke LLC
480 River Prado
Ft. Pierce, FL 34946

Section(s): 16-25 (C) - Responsibility for Containers
Section(s): 22-187 (13) - Landscape Maintenance
Section(s): 16-46, 16-47, 16-48 (1) (5) - Outside Storage
Section(s): 5-368 - Property Maintenance
Code Compliance Manager Arraiz read the facts of the case and reviewed the 3 Criteria required to make a reduction or waiver of the fines.  She said the Noelkes submitted a change of address for properties he owned in the county but failed to do one for this address.
 
Joseph Noelke was sworn in.  He said he owns 40 properties and allowed the property appraiser to make the change of address but they missed several of the addresses.  He was unaware of the violations and this is the first time he has ever received fines.  He asked the Special Magistrate to waive the fines.
 

The Special Magistrate, after reviewing the 3 Criteria required by Rule 16 and after considering the facts, ordered the fines be waived.

 
B.
16-1086
Massey
617 S 17th Street Rai, Digbijai & Betty Shaun Coss

Case Initiated:  April 28, 2016 Type of Presentation: Massey Hearing

PREVIOUS ADDRESS -  OWNER:
Digbijai & Betty Rai
5814 Shannon Drive
Ft. Pierce, FL 34951
CURRENT ADDRESS - OWNER
Digbijai & Betty Rai
105 S 21st Street
 Ft. Pierce, FL 34950

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.1.1 Unsafe Structure
IPMC 304.7 Roofs & Drainage
IPMC 304.13 Windows, Doors & Frames
IPMC 305.3 Interior Surfaces
IPMC 504.1 Plumbing Fixtures
IPMC 602.2 Residential Heat Supply
IPMC 603.1 Mechanical Equipment
IPMC 505.1 Water System
IPMC 506.2 Sanitary Drainage System Maintenance
IPMC 704.2 Smoke Alarms
Building Dept. Coordinator Coss read the facts of the case and reviewed the 3 Criteria.  He said the violations were now in compliance.  Staff recommends reducing the fines to $750.

Digbijai & Betty Rai was sworn in.  He said he has a heart condition and he has hired someone to do all of the work.  He asked for less but it was denied.
 

The Special Magistrate, after reviewing the 3 Criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $27,930.00 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.

 
C.
17-1820
Massey
423 N 10th Street Dellepere, Patricia (TR) Heather Debevec

Case Initiated:  August 19, 2017 Type of Presentation: Massey 

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


 

Section(s): 5-368 (1) (3) (4) Property Maintenance
Code Officer Debevec read the facts of the case.

Patricia Dellapaire was sworn in.  She asked because of all the money she has spent to bring the property up to code that the Special Magistrate waive the fines; however, it was denied.
 

The Special Magistrate, after reviewing the 3 Criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $2,790.00 to $400.00 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.

 
D.
17-1167
Massey
1506 Avenue I Bain, Eurilla Shaun Coss

Case Initiated:  June 5, 2017 Type of Presentation: Massey - Stop Fines

OWNER:
Eurila Bain
1506 Avenue I
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Dept. Coordinator Coss read the facts of the case and reviewed the 3 Criteria.  He said Staff was not aware the request for a SHIP grant was rewarded.  Staff recommends stopping the fines to allow the work to be done by the SHIP grant and then revisit for the reduction or waiver of the fines.

Eurila Bain was sworn in.  She was acceptable to this recommendation.
 

The Special Magistrate, after hearing the City's recommendation, ordered the fines be stopped from accruing to allow property owner to obtain the work through the SHIP grant. Afterwards can come back before her to reduce or waive the fines.

 
E.
15-1835
Massey
608 S 10th Street
 
Milien, Seloncoeur
 
Shaun Coss
 
 
Case Initiated:  October 19, 2015 Type of Presentation: Massey Hearing
 
OWNER:
Seloncoeur Milien
608 S 10th Street
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
IPMC 108.11 Unsafe Structure
IPMC 304.7 Roofs and Drainage
IPMC 304.13 Windows, Doors, and Frames
IPMC 704.1 Fire Protection Systems
Building Dept. Coordinator Coss read the facts of the case and reviewed the 3 Criteria.  Staff recommended reducing the fines to $691.82.

Lloyd Constant of Andros Construction and representing the owner requested a reduction to $500.  Mr. Coss said the City was not in agreement to reduce any further.  Special Magistrate said she would reduce it to $600.
 

The Special Magistrate, after reviewing the 3 Criteria required by Rule 16 and after considering the facts, ordered the fines be reduced from $60,330.00 to $600.00 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.

 
F.
15-0401
Massey Cont.
Read in Only
1010 Boston Avenue

 
Samuells, William R &
Samuels, William C
 
Shaun Coss

 

Case Initiated:  March 3, 2015 Type of Presentation: Massey

OWNER:
William R. Samuells & William C. Samuels
1010 Boston Avenue
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Dept. Coordinator read the facts of the case.  He explained that there has been no communication and the case is in limbo.  Staff requests that fines be restarted at $25.00 per day until they reach $7,500.00 and record a lien.
 

Special Magistrate, after hearing the request from Staff, ordered the fines to restart and cap off at $7,500. She also ordered a lien to be filed with the SLC Clerk of Court.

 
G.
17-0947
Massey - Cont.
1021 Avenue M
 
Greenfield, James
Telephone Conference
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 Officer Debevec read the facts of the case.  Staff was requesting a lien to be recorded because the violation has not been corrected.   

James Greenfield was sworn in via telephone conference.  He said he has now got the money to come to Florida and take care of the fence.  He was asking for 30 days to give him time to get there and take the fence down. 
 

The Special Magistrate, on hearing testimony from Staff and Mr. Greenfield, granted a 30 day extension to bring the property into compliance and then return for a reduction or rescindment of the fines.

 
H.
15-1246
Massey - Ext of Time
2808 Avenue I Lane, Billy Shaun Coss
 
Case Initiated:  July 30, 2015 Type of Presentation: Massey - Ext of Time
 
OWNER:
Billy Lane
2808 Avenue I
Ft. Pierce, FL 34947
OCCUPIED BY:


 

5-1.105.1 Permit Required
Building Dept. Coordinator Coss said Mr. Lane has paid $300 but he has been out of work for 6 months and only getting $617 worker's comp.  Staff was recommending extending the time to pay balance to another 12 months.

Billy Lane was sworn in.  He said he got hurt and was receiving worker's comp and also he had to pay child support.  He asked that the City accept the $300 for the settlement; however, the request was denied.
 

Special Magistrate, after hearing testimony from Staff, extended the time to pay the balance of $375 to another 12 months.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
8.
OTHER CASES
 
1.
15-1031
Ext. of Time
2001 Orange Avenue Wymer, Richard Shaun Coss
 
Case Initiated:  July 7, 2015 Type of Presentation: Extension of Time
 
OWNER:
Richard Wymer
6675 NE 224th Street
Okeechobee, FL 34972
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Dept. Coordinator Coss said they were working on bringing the property into compliance and through a request from Cindy O'Connell recommended granting a 90 day extension.

Cynthia O'Connell was sworn in and was in agreement for the 90 day extension.
 

The Special Magistrate, after hearing the recommendation from Staff, ordered a 90 day extension to comply to the order.

 
9.
OLD BUSINESS
 
10.
NEW BUSINESS
Adjourned: 11:00 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk