Skip to main content

AgendaQuick™

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, OCTOBER 3, 2018.
 
1.
CALL TO ORDER
 
2.
PLEDGE OF ALLEGIANCE
 
3.
ADMINISTRATIVE BUSINESS
 
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Shaun Coss - Building Department Investigator
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Paul Julin - Building Inspector
Andy Avery - Code Enforcement Officer
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-0819
Bldg
Re-scheduled
402 Hernando Street Archie's Seabreeze Shaun Coss
 
Case Initiated:  March 16, 2018 Type of Presentation: Bldg
 
OWNER:
Archie's Seabreeze Inc
401 S Ocean Dr
Ft. Pierce, FL 34949
OCCUPIED BY:


 

Section(s): 5-1.105.4.1.2 Expired Permit
 
2.
18-0398
Bldg- CM
1012 N 17th Street Braynen, Linda Shaun Coss
 
Case Initiated:  February 8, 2018 Type of Presentation: Bldg
 
OWNER:
Linda Braynen
1704 Avenue N
Ft. Pierce, FL 34950
OCCUPIED BY:


 

IPMC 304.13 - Windows, Doors & Frames
 
3.
18-0221
Bldg-Resheduled
661 Hernando St - Unit 9 Pearly Sands II LLC Shaun Coss
 
Case Initiated:  January 23, 2018 Type of Presentation: Bldg
 
OWNER:
Pearly Sands II LLC
7 Lagomar Road
Palm Beach, FL 33480
REGISTERED AGENT:
Adam Seligman, Esq.
4420 Beacon Circle
West Palm Beach, FL 33407 

IPMC 304.10 - Stairways, Decks, Porches & Balconies
IPMC 304.13.1 - Glazing
IPMC 603.1 - Mechanical Equipment

 
 
4.
18-2008
CE- Pulled
1207 Georgia Ave Hernandez, Hector Isaac Saucedo
 
Case Initiated:  July 24, 2018 Type of Presentation:  Regular
 
OWNER:
Hector Hernandez
2509 Indianan Ave 
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

Section(s):  5-1.104.5 – Unsafe Building (covered windows)
Section(s):  16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s):  16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement

 
 
5.
18-1606
CE-Continue
109 N 22nd Street Oceana Recovery LLC Isaac Saucedo
 
Case Initiated:  June 12, 2018 Type of Presentation:  Regular
 
OWNER:
Najum Choudhry
Oceana Recovery LLC
9818 Via Amati
Lake Worth, FL 33467



 

Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
 
6.
18-1559
CE-CM
803 S 12th Street Sampson, Paul N Isaac Saucedo
 
Case Initiated:  June 4, 2018 Type of Presentation:  Regular
 
OWNER:
Paul N Sampson(TR)
Linda M Sampson(TR)
241 Bermuda Beach Dr
Fort Pierce, Fl 34949
OCCUPIED BY:
Tenant
803 S 12th Street
Ft. Pierce, FL 34950
 
OTHER NAMES:
Queteria Leonda Thornton
196 S. Indies Drive
Duck Key, FL 33050

 

Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 22-187 (13) – Landscape Maintenance
 
7.
18-0433
CE- Pulled
702 North 15th Street B & B Business Management Services Inc Heather Debevec
 
Case Initiated: |February 10, 2018 Type of Presentation: Regular
 
OWNER:
B & B Business Management Services Inc
1216 York Ave #B
Ft. Pierce, FL 34982 
REGISTERED AGENT:
Brenda Paulin' Williams
1216 York Ave #B
Ft. Pierce, FL 34982
TENANT:
Brenda P WIlliams
702 N 15th St Front
Ft. Pierce, FL 34950
TENANT:
Scott Dial
702 N 15th St A
Ft. Pierce, FL 34950
TENANT:
Alexandra Periano
702 N 15th ST B
Ft. Pierce, FL 34950
MANAGER:
Miguel Montes
1214 Avenue L
Ft. Pierce, FL 34950

IPMC 304.2 -  Protective Treatment
 
8.
18-1492
CE - Pulled
201 N 29th Street
 
Harris, Willis
 
Andy Avery
 
 
Case Initiated: May 21, 2018  Type of Presentation: Regular 
 
OWNER:
Willis Harris
2717 Orange Avenue
Ft Pierce, FL 34947
OCCUPIED BY:
Claudio Jimenez
201 N 29th Street
Ft Pierce, FL 34947

Section(s): 5-1.104.5 – Unsafe Building (covered windows)
IPMC 302.7 Accessory structures.
IPMC 304.1 Exterior structure – General.
IPMC 304.2 Protective treatment.
IPMC 304.5 Foundation walls.
IPMC 304.6 Exterior walls.
IPMC 304.7 Roofs and drainage.
Section(s): 5-73 – House Numbers
Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
Section(s): 5-370 – Exterior Property and Landscaping
Section(s): 16-46, 16-47, 16-48 – Nuisance as a Condition
Section(s): 16-46, 16-47, 16-48 (4) – Parking on Other Than Pavement
Section(s): 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
 
9.
02-9119
Lien Reduction
Re-schedule
1912 Tucker Court Saghir, Muhammad Margaret Arraiz
 
Case Initiated:  May 2, 2002 Type of Presentation: Lien Reduction
 
PREVIOUS OWNER:
Delfino & Maria Pita
1912 Tucker Court
Ft. Pierce, FL 34950 
CURRENT OWNER:
Muhammad Saghir
1912 Tucker Court
Ft. Pierce, FL 34950
REPRESENTATIVE:
Gary Richardson
faithfulhandsfl@gmail.com
 

Section(s): 5-368 Property Maintenance - Failure to clean & paint building
Section(s): 16-46, 16-47, 16-48 (1) (5) Failure to remove outside storage.
 
4.
PUBLIC HEARINGS - CITATIONS
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
18-1463
Bldg
1214 Avenue I Forbes, Raymond Paul Julin
 
Case Initiated:  May 17, 2018 Type of Presentation: Bldg
 
OWNER:
Raymond A Forbes
1214 Avenue I
Ft. Pierce, FL 34950
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Section(s): 22-67 (B) (5) Fence Maintenance - Permit Required
Section(s) 22-67 (C) (1) (2) Fences - Height Restrictions
Building Inspector Paul Julin read the facts of the case and presented photos marked as Exhibit 1.  

Raymond Forbes was sworn in.  He said he was told he didn't need a permit; just cut the fence down to 4'.  He did this, then he got the letter.

Inspector Julin said he would take that into consideration; but he repaired the fence with metal material.  He would need to obtain a permit for the fence and take the metal portion down.
 
Mr. Forbes said he would get the permit today and take the metal portion of the fence down.
 
 

Special Magistrate found that a violation does exist and that Raymond A. Forbes has committed or is responsible for the violations. She ordered that the violator has 60 days in which to apply for the permit and comply with all conditions of the permit. In the event the violations are not cured or complied within the time period given, a fine of $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 the decision in the Circuit Court of St. Lucie County.

 
B.
18-1037
CE
620 Texas Ct Kuczynski, Anthony Isaac Saucedo
 
Case Initiated:  April 5, 2018 Type of Presentation:  Regular
 
OWNER:
Anthony Kuczynski
620 Texas Ct
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

Section(s):  16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
IPMC 302.7 Accessory structures.
IPMC 304.6 Exterior walls.
 
 

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.

 
C.
18-2011
CE
706 N 22nd Street New World Fiduciary Inc Isaac Saucedo
 
Case Initiated:  July 24, 2018 Type of Presentation:  Regular
 
OWNER:
New World Fiduciary Inc.
717 Ponce De Leon Blvd
Suite 305                          
Coral Gables, FL 33134

 
OCCUPIED BY:
Tenant
706 N 22nd Street
Ft. Pierce, FL 34950


 
Jeffrey Lusky Esq.
770 Ponce De Leon Blvd
Suite 306
Coral Gables, FL 33134



 

Section(s): 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.

 
D.
 
18-1632
CE
210 N 21st ST Chestnut, William  Isaac Saucedo
 
Case Initiated: June 12, 2018 Type of Presentation: Regular
 
OWNER:
William Chestnut
210 N 21st St
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

IPMC 302.7 -  Accessory structures.
Section 16-25 (C) – Responsibility for Containers
IPMC 304.2 - Protective treatment
IPMC 304.13 - Window, skylight and door frames
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.

 
E.
18-1290
CE
1400 Binney Drive Phillips, Corliss Heather Debevec
 
Case Initiated: | April 24, 2018 Type of Presentation: Regular
 
OWNER:
Corliss Phillips
1903 Plover Avenue
Ft. Pierce, FL 34949
 

IPMC 304.7-  Roofs and Drainage
IPMC 304.2 - Protective Treatment
Code Officer Debevec said they have obtained the permit for roof repair and are just waiting for the loan to be approved.

Corliss Phillips was sworn in.  She said she has applied for a loan through the SELF program.  
 

The Special Magistrate continued this case until November 7.

 
F.
18-1515
CE
1010 Avenue C Hills, Arthur
Hills, Charlotte
Heather Debevec
 
Case Initiated: |May 24 ,2018 Type of Presentation: Regular
 
OWNER:
Arthur & Charlotte Hills
1010 Avenue C
Ft. Pierce, FL 34950
 

Section(s):  16-46, 16-47, 16-48 (1)(5) - Outside Storage
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  The complaint came from a neighbor and Mr. Hill has been working on the property.

Arthur Hill was sworn in. He said all tires, mower, chairs have been removed.  The fish cleaning sink and grill is still there waiting to be put in the shed.  He has to take stuff out in order to put shelves up for the other stuff to be put in it. 
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Arthur and Charlotte Hill has 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 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.

 
G.
18-1642
CE
1101 North US Highway 1 Wilson, Joseph Heather Debevec
 
Case Initiated: | June 15,2018 Type of Presentation: Regular
 
OWNER:
Joseph Wilson
1101 N US Highway 1
Ft. Pierce, FL 34950
VIOLATOR:
J & F Postal Stores Inc
1101 N US Highway 1
Ft. Pierce, FL 34950
VIOLATOR:
Sandy's Auto Sales
1101 N US Highway 1
Ft. Pierce, FL 34950
REGISTERED AGENT:
Sandzva Cooper
1606 N 45th ST
Ft. Pierce, FL 34947

Section 9-27(b) - Doing Business without a Tax
Code Officer Debevec read the facts of the case.  She said they had applied for the Business Tax Receipt and were just waiting for the approval.  Officer Debevec learned this morning the Business Tax Receipt had been approved; now the property owner is waiting for the loan to be approved.
 

The Special Magistrate continued this case until November 7.

 
H.
18-2252
CE
1005 Texas Court
 
Selkin, Martin H
 
Andy Avery
 
 
Case Initiated:  August 31, 2018  Type of Presentation: Regular 
 
OWNER:
Martin H Selkin
1005 Texas Court
Ft Pierce, FL 34950
OCCUPIED BY:
 

 

Section(s): 5-370 – Exterior Property and Landscaping
IPMC 304.2 - Protective treatment
 

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.

 
I.
18-1704
CE
4155 Worlington Terrace
 
Edman, Ramon S 
Edman, Sytira L Taylor
Andy Avery
 
 
Case Initiated: August 6, 2018  Type of Presentation: Regular 
 
OWNER:
Ramon S Edman
Sytira L Taylor-Edman
4155 Worlington Terrace
Ft Pierce, FL 34947
OCCUPIED BY:
 


 

Section(s): 9-27 (B) – Doing Business without a Tax
Code Officer Andy Avery read the facts of the case.  He said he spoke to Mr. Edman and he didn't realize he needed a city license as well as a county license.  

Ramon S. Edman was sworn in.  He said he applied for his county license and sales tax through Air B&B.  The tax office says they haven't received it yet.  He said he was just renting a room in the house.  Air B&B told him they were doing the paperwork, but they haven't done it yet.  

Code Compliance Manager Arraiz explained the rules and procedures for having a short-term rental. 

He said he was in the middle of a divorce and asked for more time.
 

Special Magistrate continued this case until November 7.

 
J.
18-2083
CE
1805 S 29th Street
 
Dominguez, Minerva
 
Andy Avery
 
 
Case Initiated: August 6, 2018  Type of Presentation: Regular 
 
OWNER:
Minerva Dominguez
1805 S 29th Street
Ft Pierce, FL 34947
OCCUPIED BY:
 

 

Section(s): 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 9-27 (B) – Doing Business without a Tax
Code Officer Avery read the facts of the case and presented photos marked as Exhibit 1.  He said Mrs. Dominguez was in the process of moving the business to another location.  The non-ops and outside storage has been taken care of.  They still need to get a Business Tax Receipt and were asking for 60 days.

Minerva & Caesar Dominguez were sworn in.  They agreed 60 days should be enough time. He said his business was in construction and he needed to know what had to be done in order to get the Business Tax Receipt.  He was referred to  Building Investigator Coss for guidance.
 

The Special Magistrate continued this case until December 5.

 
K.
18-0994
CE
522 N 26th Street
 
Chen, Qing
 
Andy Avery
 
 
Case Initiated: May 2, 2018  Type of Presentation: Regular
 
OWNER:
Qing Chen
1115 Gplden Lakes Blvd Apt 512
West Palm Beach, FL 33411
OCCUPIED BY:
Tenant
522 N 26th Street
Ft Pierce, FL 34947

Section(s): 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
Section(s): 10-23 (s) – Parking prohibited on city right-of-way
Section(s): 5-370 – Exterior Property and Landscaping
Section(s): 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section(s): 9-27 (B) – Doing Business without a Tax
Section(s): 5-1.104.5 – Unsafe Building (covered windows)
Code Officer Avery read the facts of the case.  He has applied for his license.  Everything is in compliance now except section 16-46, 16-47, 16-48 (10) (D) and 9-27 (B).

Qing Chen was sworn in.  He said he was trying to get the license; but he has 2 locations under the used car dealership and there is a residence on one of them.  He has to get a change of use permit in order to convert it to an office. He was denied this permit because of a parking issue.  To turn the house into an office he needed a change of use and physical changes made.  This is in a residential area.  He has a state license to sell cars.  

Building Department Investigator Coss explained the change of use for adding an office.  He said after the change of use permit was issued, he would have six (6) months to do the work but it also had to go before the planning and zoning board.
 
Mr. Chen said he has been turned down twice.  Mr. Coss said he could hire an architect to apply for the permit and in the meantime try to get the address changed to Orange Avenue so he could add on parking space.
 

Special Magistrate continued this case until November 7.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
16-1580
Lien Reduction
1510 Coronado Avenue Macias, Maria Shaun Coss

Case Initiated:  July 8, 2016 Type of Presentation: Lien Reduction

OWNER:
Maria Macias
1510 Coronado Avenue
Ft. Pierce, FL 34982
OCCUPIED BY:


 

Section(s): 5-1.101.2.1 Unsafe Building
Section(s): 5-1.105.1 Permit Required
IPMC 108.2.1 Unsafe Equipment
IPMC 304.7 Roofs & Drainage
IPMC 304.13.1 Glazing
IPMC 305.3 Interior Surfaces
IPMC 309.1 Infestation
Building Department Investigator Coss read the facts of the case and the 7 criteria required to make a recommendation for reduction.  He said the tenant had caused most of the violations.  Ms. Macias had not informed the property appraiser of her change of address, therefore, she did not receive the notice of violation until after the fines had started.  On notice of violations, they obtained the permits and complied the violations. Staff recommended reducing the lien to $750.00 plus the administrative $250.00 for a total of $1,000.00  due in 60 days. 

Maria Macias was sworn in and agreed to the reduction amount.
 


The Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $37,540 to $750 plus the City Commission's administrative fee of $250 and payable in 60 days. If not paid within that time the lien would revert to its original amount.

 
8.
OTHER CASES
 
9.
NEW BUSINESS
 
10.
OLD BUSINESS
Meeting adjourned: 9:55 AM
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk