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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, DECEMBER 5, 2018.
 
1.
CALL TO ORDER: 9:05 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
Code Enforcement Officer - Andy Avery
Code Enforcement Officer - Isaac Saucedo
Building Department Investigator - Shaun Coss
Alarm Coordinator - Cindy Ricker
 
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
 
1.
18-2369
CE COMPLIED
2750 S US HWY 1 CC SANDS LLC Isaac Saucedo
 
Case Initiated:  September 21, 2018 Type of Presentation: Regular - COMPLIED
 
OWNER:
CC SANDS LLC
131 SoundView Ln
New Canaan, Ct 06840
OCCUPIED BY:
Mark J Chmielarski
201 E Pine St Suite 500
Orlando, Fl 32801

Section 16-46, 16-47, 16-48 – Nuisance as an Object
 
2.
18-2006
CE CONT.
1907 S 8th St  Alouption, Emilie M            Isaac Saucedo
 
Case Initiated:  February 27, 2018 Type of Presentation: Regular - CONTINUED
 
OWNER:
Emilie M Alouption
1907 S 8th St.
Fort Pierce, Fl 34950
 
OCCUPIED BY:
 


 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (10)(D) – Non-Operable Vehicles
 
3.
18-2001
CE Continued
813 South Indian River Drive Wright, John
Wright, Diana
Heather Debevec
 
Case Initiated: July 24th ,2018 Type of Presentation: Regular - CONTINUED
 
OWNER:
John Wright & Diana Wright
813 S Indian River Dr
Ft. Pierce, Fl 34950
 

Section(s):  9-27 (B) - Doing Business without a Tax
 
4.
18-2499
CE - COMPLIED
1112 Avenue H Jones, Willie E
Jones, Sarah
Heather Debevec
 
Case Initiated: | October 3, 2018 Type of Presentation: Regular - COMPLIED
 
OWNER:
Willie E Jones
Sarah Jones
108 S 20th St
Ft. Pierce, FL 34950 
 

Section 16-27(5) - Landscape Debris - Contractors
 
5.
18-0591
CE Cont from
09/05/2018
1393 Bayshore Drive Wynne Building Corp Heather Debevec
 
Case Initiated: | March 20, 2017 Type of Presentation: Regular - CONTINUED
 
OWNER:
Wynne Building Corp
8000 S US Highway 1 Ste 402
Port St. Lucie, FL 34952
REGISTERED AGENT:
Joel Wynne
8000 S US Highway 1 Ste 402
Port St. Lucie, Fl 34952
MAILING ADDRESS:
Wynne  Building Corp
12804 SW 122 Ave
Miami, FL 33186
EMAIL MANAGER:
Steve Rodriguez
wbcsteve@yahoo.com
 

Section(s): 16-46, 16-47, 16-48 (4) - Nuisance as a Condition
 
6.
18-2426
CE CONT.
1315 Bayshore Drive Unit 203 Delaporte, John Heather Debevec
 
Case Initiated:  September 28, 2018 Type of Presentation: Regular - CONTINUED
 
OWNER:
John Delaporte
PO Box 1398
Absecon, NY 08201 

 

Section 9-25 - Proof of Business Activity; burden of proof on applicant.
Section 9-27(B) - Doing Business without a Tax
 
7.
18-2627
CE - PULLED
1102 Avenue G Walden, Anne Heather Debevec
 
Case Initiated: |October 19, 2018 Type of Presentation: Regular - PULLED, NEW OWNERS.
 
OWNER:
Anne A Walden
3144 Gracefield Rd Apt 211
Silver Spring, MD 20904 
TENANT:
Willie Adams
1102 Avenue G
Ft. Pierce, FL 34950

IPMC 304.2 - Protective Treatment
Section 5-370 - Exterior Property and Landscaping
Section 16-25 (C) - Responsibility for Containers
 
8.
18-0871
CE CONT.
1506 G Terrace Strong, Merdis Heather Debevec
 
Case Initiated: | March 21, 2018 Type of Presentation: Regular - CONTINUED
 
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
 
9.
18-2438
CE CONT.
211 Fernandina Street Elguera, Elizabeth Heather Debevec
 
Case Initiated:  September 28, 2018 Type of Presentation: Regular - RESCHEDULED
 
OWNER:
Elizabeth Elguera
211 Fernandina St
Ft. Peirce, FL 34949 

 

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
 
5.
PUBLIC HEARINGS - VIOLATION CASES
 
A.
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
 

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.

 
B.
18-2437
CE
1124 Colonial Rd Lima, Docius Isaac Saucedo

Case Initiated:  September 28, 2018 Type of Presentation:  Regular

OWNER:
Docius Lima
1124 Colonial Rd
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

Section 16-46, 16-47, 16-48 (1)(5) – Outside Storage
Section 16-46, 16-47, 16-48 (11) – Outside Storage-Indoor Furniture
IPMC 304.7 Roofs and drainage.
IPMC 304.10 Stairways, decks, porches and balconies. 
 
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.
18-2331
CE Repeat
1011 Boston Ave Deese, Kevin J
Deese, Heather L
Isaac Saucedo

Case Initiated:  September 14, 2018 Type of Presentation: Repeat

OWNER:
Kevin J Deese
Heather L Deese
1011 Boston Ave
Fort Pierce, Fl 34950
OCCUPIED BY:

 

 

Sec. 9-25. - Proof of business activity; burden of proof on applicant.
Section 9-27 (B) – Doing Business without a Tax
Code Enforcement Officer Saucedo read the facts of the case and asked the Special Magistrate to reaffirm her orders of October 18, 2018.  He said Mr. Deese got his BTR on December 4 and the violations were now in compliance but the rental fine was still unpaid.

Kevin Deese was sworn in.  He said he bought the property and advertised it on Air B & B.  He failed to do his homework as far as renting the home out and once he received notice of the violation he "snoozed" the ad.  However, it would become "unsnoozed" several times over the year.  He has now obtained his BTR and renting the property legally.  He asked for 6 months to pay the fines.
 

Special Magistrate reaffirmed her orders of October 18, 2018 that Kevin J & Heather L Deese 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 $2,670.00 is to be assessed payable within six (6) months. 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.

 
E.
18-2439
CE
130 S 13TH ST.  Bankston, Willie (EST) Isaac Saucedo

Case Initiated:  September 28, 2018 Type of Presentation: Regular

OWNER:
Willie Bankston (EST)
130 S 13TH ST
Fort Pierce, Fl 34950
OCCUPIED BY:
 

 

IPMC 304.10 Stairways, decks, porches and balconies.
Section 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 a violation does exist and the violators that are not present are deemed to have admitted guilt. It was further ordered that they be given the number of days recommended by the Building Department Investigator on the case summary sheet in which to apply for the permit(s) if necessary and comply with the conditions of the permit. In the event the violations are not cured or complied within the time period given, they would be fined the amount also shown on the summary sheet. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

 
I.
18-2502
CE
342 Fernandina Street Lynch, Suzette M Heather Debevec

Case Initiated: | October 4, 2018 Type of Presentation: Regular

OWNER:
Suzette M Lynch
342 Fernandina St
Ft. Pierce, FL 34949 

 

Section(s):  16-46, 16-47, 16-48 (4) - Parking on Other Then Pavement
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
J.
18-2671
CE
346 Fernandina Street Kovich, Michelle Heather Debevec

Case Initiated: | October 25, 2018 Type of Presentation: Repeat

OWNER:
Michelle Kovich
346 Fernandina Street
Ft. Pierce, FL 34949 
 

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
Code Enforcement Officer Debevec read the facts of the case and presented photos that were marked as Exhibit 1.  She said this was a repeat violator and also provided the different times she had cited the property owners for the same thing.

Michelle Kovich and Craig Bousley were sworn in for testimony.  Ms. Kovich said she had a very active outdoor family.  She said her kids come home and want to play basketball outside so they move the cars and park them on the grass so they have a safe place to play.  She said, however,  if you were going to live on South Beach you had to suffer the consequences of the beach patrol and every time they see the cars parked off the driveway they call code enforcement. 

Special Magistrate Ross reminded Ms. Kovich and Mr. Bousley that people who choose to live on South Beach and areas as such choose it for the atmosphere and location.  There are organizations such as South Beach Association who wants to make sure residents who choose to live in these areas conform to the rules and ordinances of the City and Association.  If you don't want to do this you need to find another area to live.

Peggy Arraiz, Code Compliance Manager, said when the code officers drive by and see kids playing, they don't cite the violation. But, if the kids are finished playing, put the cars back where they belong.  She said another solution would be to establish an area of the yard for parking the cars. Get with the engineers and do some landscaping like logs and gravel etc.

Officer Debevec said when she drove by a few days ago the outside storage had been taken care of; but, today when she went by she noticed a refrigerator out front.  This needs to be moved to an inside storage area.
 

Special Magistrate found that the violation(s) listed on the summary sheet do exist and that Michelle Kovich has committed or is responsible for the violations. She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time period given, a fine of $100.00 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.

 
K.
18-2393
CE
1229 Avenue K 70 Jax Florida LLC Heather Debevec
 
Case Initiated: | November 1, 2018 Type of Presentation: Regular
 
OWNER:
70 Jax Florida LLC
9314 Forest Hill Blvd #113
West Palm Beach, FL 33411
REGISTERED AGENT:
Carol Brenner
9314 Forest Hill Blvd # 113
Wellington, FL 33411
TENANT:
Miya Clark
1229 Avenue K Apt A
Ft. Pierce, FL 34950
TENANT:
Anchise Hector
1229 Avenue K Apt B
Ft. Peirce, 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.
Code Enforcement Officer Debevec read the facts of the case and presented photos marked as Exhibit 1.  She said the closet doors have been put back inside Apartment B so it is in compliance. Apartment A still has furniture that belongs inside and there are outside doors left outside unrepaired.
 
Anchise Hector was sworn in.  She is the tenant of Apartment B.  She said she is the person who moved the doors inside.  They have not been repaired yet.  She is also the person who put the other doors outside.  They have not been repaired either.
 

Special Magistrate found that the violation(s) listed on the summary sheet for Apartment A do exist and that 70 Jax Florida LLC has committed or is responsible for the violations. She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time period given, a fine of $50.00 per day will be assessed for each day the violation(s) continue(s) past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

She found that the violation for Apartment B 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.

 
L.
18-2423
CE
2210 North 23rd Street Gipson ( EST), Lizzie
Morrer, Mattie
Heather Debevec

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

OWNER:
Lizzie Gipson (EST)
Mattie Moorer
2210 N 23rd St
Ft. Pierce, FL 34950 
 

Section(s):  16-46, 16-47, 16-48 (1)(5) - Outside Storage
IPMC 304.2 Protective Treatment
 

The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
N.
18-2434
CE
1225 Carlton Court Unit 202 Bowden, Kathy Jo Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Regular

OWNER:
 Kathy Jo Bowden
10587 SW Stratton Dr
Port St. Lucie, FL 349987

 

1. Section: 9-25 - Proof of Business Activity; burden of proof on applicant
2. Section: 9-27(B) - Doing Business without a Tax
 


Special Magistrate reaffirmed her orders of October 18, 2018 that Kathy Jo Bowden has 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 $1,400.00 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.


 
O.
18-2430
CE
1181 Carlton Court Unit 106 Payne, Randall & Roxanne Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Regular

OWNER:
Randall & Roxanne Payne
4310 N 168th Ave
Walkerville, MI 49459

 

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

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.

 
R.
18-2457
CE
36 W Harbour Isle Drive Unit 201 Micho, Ronald & Theresa Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Regular

OWNER:
Ronald & Theresa Micho
36 W Habour Isle Drive Unit 201
Ft. Pierce, FL 34949 

 

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 Ronald & Theresa Micho 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 $3,090.00 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. If rentals continue without a business tax receipt, all utilities to the property are to be suspended. 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.

 
S.
18-2411
CE
903 Avenue C Jackson, Marjorie Elizabeth
Alexander III, Rufus
Alexander(TR), Percy
Heather Debevec

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

OWNER:
Marjorie Elizabeth Jackson
Rufus Alexander III
Percy Alexander (TR)
9940 Baywater Dr
Boca Raton, FL 33496 
 

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 failed 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.

 
T.
18-2413
CE
903 Avenue C Jackson, Marjorie Elizabeth
Alexander III, Rufus
Alexander (TR), Percy
Heather Debevec

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

OWNER:
Marjorie Elizabeth Jackson
Rufus Alexander III
Percy Alexander (TR)
9940 Baywater Dr
Boca Raton, FL 33496 
 

Section: 16-46, 16-47, 16-48 (10)(D) - Non- Operable Vehicle
 


The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
U.
18-2621
CE
1006 Avenue G 1006 Avenue G LLC Heather Debevec

Case Initiated: | October 19, 2018 Type of Presentation: Regular

OWNER:
1006 Avenue G LLC
PO Box 1806
Ft. Pierce, FL 34954 
REGISTERED AGENT:
Douglas DeRosa
3143 S Indian River Dr
Ft. Pierce, FL 34982
TENANT:
Stokema Jones
1006 Avenue G
Ft. Pierce, Fl 34950
 

Section: 5-370 Exterior Property and Landscaping
Section 16-46, 16-47, 16-48 (4) Parking on Other Than Pavement
Section 16-25(C) Responsibility for Containers
 
Code Enforcement Officer Debevec read the facts of the case and presented photos that were marked as Exhibit 1.  

Douglas DeRosa and Stokema Jones were sworn in for testimony.  Mr. DeRosa mentioned that he has cleared the grass from the fence but the lots to the east and west were also overgrown and will grow into the fence again.  Ms. Jones, the tenant,  was supposed to be taking care of the yard but she is going to hire someone to do it. She has been assaulted several times and she's afraid to park in the designated parking area.  She has put a security camera up but it doesn't pick up people coming onto the property.  

Ms. Jones confirmed what the landlord was saying.  She has an ongoing case for safety and can't see who's coming into the driveway.  

Mr. DeRosa asked if he would be allowed to make a designated parking area like the case before him.  He was told to get with the proper departments and inquire about the requirements and permits.
 

For Section(s) 5-370 and 16-46, 16-47, 16-48 (4) the Special Magistrate found that the violation(s) listed on the summary sheet do exist and that 1006 Avenue G LLC has committed or is responsible for the violations. She ordered that the violator(s) have 10 days in which to comply with the city code of ordinances. In the event the violation(s) are not cured or complied within the time period given, a fine of $50.00 per day will be assessed for each day the violation(s) continue(s) past the date set for compliance. The violator has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.

For Section 16-25 (C) 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.

 
V.
18-2603
CE
513 Douglas Court Ricks, Carrie Heather Debevec

Case Initiated: |October 18, 2018 Type of Presentation: Regular

OWNER:
Carrie Ricks
513 Douglas Ct
Ft. Pierce, FL 34950 
 

IPMC 304.1 - Exterior Structure - General
Section 16-46, 16-47, 16-48 (1)(5) - Outside Storage
Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
IPMC 302.7 Accessory Structures
IPMC 304.2 - Protective Treatment
 


The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
W.
18-2623
CE
1012 Avenue G Ramierz, Yeisson Heather Debevec

Case Initiated: |October 19, 2018 Type of Presentation: Regular

OWNER:
Yeisson Ramirez
1012 Avenue G
Ft. Peirce, FL 34950 
TENANT:
Shared Alleyne
1012 Avenue G
Ft. Pierce, Fl 34950

Section 16-25(C) - Responsibility for Containers
IPMC 302.7 - Accessory Structures
Section 16-46, 16-47, 16-48 (4)- Parking on Other Than Pavement
Section 16-46, 16-47, 16-48 (11)- Outside Storage - Indoor Furniture
Section 5-370 - Exterior Property and Landscaping
 


The Special Magistrate finds that a violation does exist and that the Violator(s) having been provided notice and failed 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.

 
Y.
18-2529
CE
1572 Island Cove Road Cook, Michael Heather Debevec

Case Initiated: | October 6, 2018 Type of Presentation: Regular

OWNER:
Michael Cook
1572 Island Cove Road
Ft. Pierce, Fl 34949 
 

Section 9-25- Proof of Business Activity; Burden of Proof on Applicant
Section 9-27(B) - Doing Business without a Tax
 

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.

 
AA.
18-2273
CE Req for Re-hearing
1711 Francis Court Newsome, Lauren Heather Debevec

Case Initiated: | September 5, 2018 Type of Presentation: Req. for Rehearing

VIOLATOR:
Lauren Newsome
1711 Francis Ct.
Ft. Pierce, FL 34949
 
 

Section 9-25:      Proof of Business Activity; Burden of Proof on Applicant
Section 9-27(B): Doing Business without a Tax
Code Compliance Manager Arraiz read in the facts of the case.  She said she had spoke to Ms. Newsome and her attorney, Kelly Armitage prior to the hearing.  They agreed to $1,500.00 reduction payable in 4 months and to cease and desist all rentals of the property.  

Kelly Armitage confirmed this stipulation.
 

The Special Magistrate, after reviewing the case and after considering the facts, ordered the rental fines be reduced from $3,900.00 to $1,500.00 payable in 4 months. If not paid within this time period the fines would revert back to the original amount and a lien would be recorded at the St. Lucie County Clerk of Court’s Office. She also ordered all ads from the internet or any other sources to be immediately taken down if not already done so.

 
BB.
18-2446
CE
1772 Gulfstream Avenue Unit E1 Perdue, Kerlene Heather Debevec

Case Initiated:  September 28, 2018 Type of Presentation: Regular

OWNER:
Kerlene Perdue
5976 20th St #60
Vero Beach, FL 32966 

 

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

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.

 
6.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
 
A.
17-0069
Massey
Extension of time
208 N 19th Street Hicks, Cecil & Cassandra Shaun Coss

Case Initiated:  January 13, 2017 Type of Presentation: Massey - Ext. of Time

OWNER:
Cecil & Cassandra Hicks
5810 Spanish River Drive
Fort Pierce, FL 34951
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Shaun Coss read the facts of the case.  He said Mr. Hicks did apply for the permit but due to his wife being in an autormobile accident it did not get completed.  He has since hired another contractor to apply for the permits and needed additional time.

Cecil Hicks was sworn in.  He said he just received an email from Frank Legler the architect that he has reapplied for the permit.  Mr. Legler asked for more time.  They agreed 120 days should be enough time.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated June 7, 2017 be and the same is hereby granted to the extent specified in this Order.

  1. In the event the violations specified in said Order Determining Violation dated June 7, 2017 are not remedied within 120 days of this date, December 5, 2018 there shall be imposed a fine at a daily, cumulative rate of $100.00.
  2. All other provisions of said Order Determining Violation dated June 7, 2017 shall remain in full force and effect.

 
B.
17-0972
Massey Cont.
1116 Hernando St Albers, Nathan Shaun Coss

Case Initiated:  May 8, 2017 Type of Presentation: Massey

OWNER: PREVIOUS ADDRESS
Nathan Albers
3640 SE Silver Ct
Stuart, FL 34997
OWNER: CURRENT ADDRESS
Nathan Albers
985 SW Flora Belle Lane
Stuart, FL 34994

Section(s): 5-1.105.1 Permit Required
Building Department Investigator Coss read the facts of the case and stated Mr. Albers travels a lot in his job and recommended extending the time for 90 days to allow the current permit to either close or expire.
 

The Respondent’s request for an extension of time within which to comply with the requirements of the Special Magistrate’s Order Determining Violation dated September 6, 2017 be and the same is hereby granted to the extent specified in this Order.

  1. In the event the violations specified in said Order Determining Violation dated September 6, 2017 are not remedied within 90 days of the date of this order, December 5, 2018, there shall be imposed a fine at a daily, cumulative rate of $100.00.
  2. All other provisions of said Order Determining Violation dated September 6, 2017 shall remain in full force and effect.

 
7.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
 
A.
16-1310
Lien Reduction
2108 Barcelona Avenue
 
Howard, John
 
Shaun Coss
Peggy Arraiz

Case Initiated:  May 23, 2016 Type of Presentation: Lien Reduction

OWNER:
John Howard
2108 Barcelona Avenue
Ft. Pierce, FL 34946
OCCUPIED BY:


 

Section(s): 5-1.105.1 Permit Required.
Investigator Coss read the facts of the case and the 7 criteria required to make a recommendation for a reduction/rescindment of a lien.  He said Mr. Howard is a truck driver and is on the road most of the time.  Due to his absence Mr. Howard was not able to monitor the progress of the contractor he had hired to do the work and the work was not done in a timely manner.  Staff recommended reducing the lien to  administrative costs of $804.72 that would include the $250.00 administrative fee charged by the city and payable in 60 days.

John Howard was sworn in and confirmed this stipulation.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $52,440.00 to $804.72 payable in 60 days. If not paid within that time the lien would revert back to its original amount.

 
B.
18-0299
Lien Reduction
2002 West 21st Court Brown, Eloise Heather Debevec

Case Initiated:  January 31, 2018 Type of Presentation: Lien Reduction

OWNER:
Eloise Brown
P. O. Box 5755
Takoma Park, MD 20913
REPRESENTATIVE (SON)
David Brown
53 Ponce Blvd N
Jacksonville, FL 32218 

IPMC 304.2 - Protective Treatment
Section(s): 16-46, 16-47, 16-48 (1) (5) - Outside Storage
Code Compliance Manager Arraiz read the facts of the case and the 7 criteria required for consideration of reducing or waiving a lien.  She stated Staff was agreeable to the offer made by Mr. Brown.
 

Special Magistrate reviewed the 7 criteria required by Rule 17 and will recommend the City Commission reduce the lien from $5,540.00 to $1,540.00 payable in 60 days. If not paid within that time the lien would revert back to its original amount. This reduction will include the City Commission's administrative costs of $250.00.

 
8.
OTHER CASES
 
A.
18-2669
Alarm Appeal
720 S US HWY 1 Roys Liquors Cynthia Ricker

Case Initiated: September 5, 2018 Type of Presentation: Alarm Appeal

APPELLATE:
ROYS LIQUORS
720 S US HWY 1
FORT PIERCE, FL 34950

 

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 7/27/2018 14-24 – Excessive false alarm signals  Commercial 4 $400.00
  Grand Total of Fines      $400.00
Alarm Coordinator Ricker read the facts of the case and confirmed the Fort Pierce Police Department dispatched officers on July 27, 2018.

Darrell Dawson, manager, was sworn in for testimony.  He said the call to 911 had come from someone in the parking lot. 

Ms. Arraiz asked him about the call sheets being dated August and not July.  She asked if he had the July reports.  He said no, but he could get them.
She asked if he could get them by the next week and asked that the case be continued for the December 12 hearing.
 

After listening to the testimony of Alarm Assistant Ricker and the manager of Roy's Liquors, the Special Magistrate continued this case for the next hearing date December 12 to allow time for the parties to obtain the call sheets from the alarm company.

 
9.
NEW BUSINESS:

After hearing all of the cases Code Compliance Manager Arraiz stated that proper notice had been served to the violators and requested the Special Magistrate issue a default judgement for the violators not present.

Special Magistrate issued a default judgement and asked how they were noticed. Code Enforcement Clerk Greer then read a prepared notice stating the actions that took place to notify the violators of the meeting date.

Ms. Arraiz then asked the Special Magistrate to review the City Commission meeting from the night before. Commissioner Johnson was interested in how the Code Enforcement Department and the Special Magistrate came to the reduction/rescindment recommendation. There is a meeting February 11 at 9:00 am to discuss and decide whether there should be any changes to the procedures.
 
10.
OLD BUSINESS
Meeting Adjourned: 10:25 AM
Respectfully submitted:

Colleen Greer
Code Enforcement Clerk