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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 15, 2020.

DUE TO THE COVID 19 CIRCUMSTANCES, STAFF RECOMMENDS RESCHEDULING THE HEARINGS FOR THOSE WHO DID NOT ATTEND THE HEARING.  IF THEY CAN'T ATTEND IN PERSON, STAFF HAS THE ABILITY FOR THEM TO APPEAR REMOTELY.
             
1. CALL TO ORDER:
9:00 AM
             
2. PLEDGE OF ALLEGIANCE
             
3. ADMINISTRATIVE BUSINESS
             
A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Heather Debevec - Code Enforcement Officer
Isaac Saucedo - Code Enforcement Officer
Maximillion Lewis - Code Enforcement Officer
Jacqueline Young-Smith - Alarm Coordinator
             
B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
             
1.
20-0441
PAID
2517 US Highway 1 Cancel, Felix Daniel #8881 Gray
 
 
Case Initiated: February 3, 2020 Type of Presentation: Citation
 
 
VIOLATOR:
Felix Daniel Cancel
PARKING VIOLATION:
Parking in Fire Lane

Citation # Code Section Fine Admin Fee Late  Fee Total Due
3114 PK 10-23 (R) Parking Regulation $50.00     $50.00
             
2.
20-0659
COMPLIED
1606 N 22nd Street Clarke, April Heather Debevec

Case Initiated: March 3, 2020 Type of Presentation: Regular

OWNER:
April Clarke
1606 N 22nd St
Ft. Pierce, FL 34950 
 

Section 16-46, 16-47, 16-48 (4) - Parking on Other Than Pavement
Section 16-46, 16-47, 16-48(11) - Outside Storage - Inside Furniture
             
3.
20-0335
PK Cit 3201
Porpoise Ave. Janes, Patricia A #8885  - Carter
 
Case Initiated: January 27, 2020 Type of Presentation: Citation
Case Rescheduled September 16, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
VIOLATOR:
Patricia A Janes
PARKING VIOLATION:
Parking in Fire Lane   - In front of a fire hydrant
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
3201  PK 10-23 (R) Parking Regulation $50.00     $50.00
             
4.
20-0444 
PK Cit  3117
2517 US Highway 1 Moody, Rohana Beth #8881  Gray
 
Case Initiated: February 3, 2020 Type of Presentation: Citation
Case Rescheduled September 16, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
VIOLATOR:
Rohana Beth Moody
 
PARKING VIOLATION:
Parking in Fire Lane
 
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
3117  PK 10-23 (R) Parking Regulation $50.00     $50.00
             
5.
20-0465 CE 138 Alma Court McVeigh, Thomas Heather Debevec
 
Case Initiated:  February 18, 2020 Type of Presentation: Regular
Case Re-scheduled  August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Thomas McVeigh
3057 SE Darian Rd
Pt. St. Lucie, FL 34952
TENANT:
Josner Lapointe
138 Alma Ct
Ft. Pierce, FL 34950 

Section 22-187 (13)  - Landscape Maintenance
Section 16-25(C) - Responsibility for Containers
             
6.
20-0467 CE 1214 Boston Avenue McVeigh, Thomas Heather Debevec
 
Case Initiated: February 18, 2020 Type of Presentation: Regular
Case rescheduled August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Thomas McVeigh
3057 Se Darien Rd
Port St. Lucie, FL 34952 
TENANT:
Meriaille Marc
1214 Bsoton Ave
Ft. Pierce, FL 34950

Section 16-46, 16-47, 16-48 (11) - Outside Storage - Indoor Furniture
Section 16-25 (C) - Responsibility for Containers
             
7.
19 -2701 PK   420 Seaway Drive - Cit 2904 Brown, Cyneetha Ann 8887  - Franklin
 
 
Case Initiated: October 7, 2019 Type of Presentation: Citation
Case Rescheduled: September 16, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
VIOLATOR: 
Cyneetha Ann Brown
PARKING VIOLATION:
Restricted Parking  - Parking After Hours
 
Citation # Code Section Fine Admin Fee Late  Fee Total Due
2904  PK 10-23 (L) Parking Regulation $50.00     $50.00

 
 
             
8.
20-0422 CE 1703 Miami Court Frangella, Anthony A Isaac Saucedo
 
Case Initiated:       February 10, 2020 Type of Presentation: Recall
Previous hearing June 10, 2020 Result Continued to allow the owner time to comply.
Rescheduled August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Anthony A. Frangella
1703 Miami Court
Fort Pierce, FL 34950
TENANT:


 

Section(s): 16-46, 16-47, 16-48 (1) (5) - Outside Storage
Section(s): 16-25 (C) - Responsibility for Containers
Section(s): 22-187 (13) - Landscape Maintenance
             
9.
19-3258 
LC Appeal
1111 Hemlock Circle Nutt, Gordon Peggy Arraiz
Maximillion Lewis
 
Case Initiated:  December 4, 2019 Type of Presentation: LC/ Massey
Rescheduled  August 5, 2020 Reason:
Due to Covid 19 events and respondent was not present.
 
OWNER:
Wingfield Dev Co.
Gordon & Karen Nutt
4716 Joanna Garden Court
Windermere, FL 34786
:

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
             
10.
19-3256
LC Appeal
1117 Hemlock Circle Nutt, Gordon Peggy Arraiz
Maximillion Lewis
 
Case Initiated:  December 4, 2019 Type of Presentation: LC / Massey
Rescheduled  August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Wingfield Dev. Co.
Gordon & Karen Nutt
4716 Joanna Garden Court
Windermere, FL 34786
TENANT
:


 

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance.
             
11.
19-3257
LC Appeal
1115 Hemlock Circle Nutt, Gordon Peggy Arriz
Maximillion Lewis
 
Case Initiated:  December 4, 2019 Type of Presentation: LC / Massey
Rescheduled  August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Wingfield Dev Co.
Gordon & Karen Nutt
4716 Joanna Garden Court
Windermere, FL 34786
 

 

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
             
12.
19-3260
LC Appeal
1113 Hemlock Circle Nutt, Gordon Peggy Arraiz
Maximillion Lewis
 
Case Initiated:  December 4, 2019 Type of Presentation: LC / Massey
Rescheduled  August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Wingfield Dev Co.
Gordon & Karen Nutt
4716 Joanna Garden Court
Windermere, FL 34786
 
 

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
             
13.
19-3261
LC Appeal
1109 Hemlock Circle Nutt, Gordon Peggy Arraiz
Maximillion Lewis
 
Case Initiated:  December 4, 2019 Type of Presentation: LC / Massey
Rescheduled  August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
OWNER:
Wingfield Dev Co.
Gordon & Karen Nutt
4716 Joanna Garden Court
Windermere, FL 34786 
 

Section(s): 16-46, 16-47, 16-48 (1) (7) (9) (10) (18) Landscape Maintenance
             
14.
20-1430 AA 1717 S. US Hwy. 1 #5 Indian River Celluar  Jacqueline Young-Smith
 
Case Initiated:  January 23, 2020 Type of Presentation: Alarm Appeal
Rescheduled  August 5, 2020 Reason: Due to Covid 19 events and respondent was not present.
 
APPELLANT: 
Jennifer Fusco 
1717 S. US Highway 1 #5
Ft. Pierce, Fl. 34950
BUSINESS:
Indian River Cellular
 
 
 
Date of Alarm Code Section Bldg. Type False Alarm # Total Due
12/27/2019 14-24 Excessive False Alarm Signals Commercial 7 $300.00
01/01/2020 14-24-Excessive False Alarm Signals Commercial 8 $500.00
01/03/2020 14-24 Excessive False Alarm Signals Commercial 9 $500.00
01/03/2020 14-24 Excessive False Alarm Signals Commercial 10 $500.00
02/25/2020 14-24 Excessive False Alarm Signals Commercial 11 $500.00
07/15/2020 Hearing Remaining Balance  Commercial   $2,300.00
             
4. PUBLIC HEARINGS - CITATIONS
             
D.
20-1239 PK
Appeal
Jaycee Park German, Latosha Jacqueline Young Smith

Case Initiated:  May 17, 2020 Type of Presentation:   Appeal

OWNER: Latosha German PARKING VIOLATION
Restricted Parking - Vehicle in trailer parking spot 

Citation # Code Section Fine Admin Fee Late  Fee Total Due
1874 CE 12-204 (a) Parking Within Parks $50.00     $50.00
  Administrative Assistant Jacqueline Young-Smith read the facts of the case, presented photos, and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Ms. Smith confirmed that she initiated Case #20-1239 on May 17, 2020 and that the photos she took were time stamped and fairly and accurately depicted the violation.  Ms. Smith said she had a co-worker take the photos.  The photos were shown to the respondent.  Assistant City Attorney Earley requested the photos be admitted as City's composite 1.  Special Magistrate Ross admitted them as City's composite 1.  

Latosha German was sworn in.  She saw no sign saying she couldn't park there. She wasn't there for any more than 15 minutes because she was searching for someone she had to pick up.  If she had seen a sign she would not have parked there.

Code Compliance Manager Arraiz said there were signs at the entrance of the park.  She said due to the current environment, Staff was not charging administrative fees and because this is an appeal, there is no late fee.
 
  Special Magistrate Ross denied the appeal.  She found a violation does exist and Latosha German is ordered to pay the amount on the citation $50.00 payable in 30 days.  The administrative charges of $10.00 and the $18.00 late fee was waived.  Failure to pay the $50.00 fee 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.
20-0052 CE 620 S US Highway 1 Neeto Investments LLC
Lentin LLC
Heather Debevec

Case Initiated: January 14, 2020 Type of Presentation: Recall
Previous hearing date: June 10, 2020 Result Continued to allow owner to try and obtain a permit or find someone to remove the cement pilings.

OWNER:
Neeto Investments LLC
Lentin LLC
4704 Robinwood Ter Apt A
Boynton Beach, FL 33436 
REGISTERED AGENT:
Arnold Fried
600 W Las Olas Blvd Apt 708
Ft. Lauderdale, FL 33312
 
REGISTERED AGENT:
Dennis Lentin
4704 A Robinwood Terr
Boynton Beach, FL 33436
 

Section 16-46, 16-48 (1) - Maintenance of nuisance on property / Nuisance as an object
  Code Enforcement Officer Heather Debevec read the facts of the case and explained the nature of the violation.  Through questioning by Assistant City Attorney Earley, Officer Debevec confirmed she initiated Case #20-0052 on January 14, 2020.  She presented photos and after showing them to the respondent, they were admitted as City's composite 1.  She said this hearing was continued from June 10, 2020 hearing when they were given more time to try and obtain a permit or find someone to remove the cement pilings.

Dennis Lentin and Arnold Fried were sworn in.  Mr. Fried said he was not present for the first hearing date.  He said he has obtained a quote of $4,595 to remove the pilings and it would be more to fill in the holes.  He presented a copy of the quote which was admitted as defendants exhibit 1 composite.  Mr. Lentin questioned the pre-dated laws of 1920 and said the blocks do not pose a nuisance. No one uses the property and no one parks there. They asked if the court would allow them to stay.  He said they are part of an integral light system and they should be grandfathered in.  The poles were removed at the city's request and now he wishes they had not removed the poles.  He said the State is coming in to check the property because they found contamination from a company across the street.  He's been told that his property was a used car lot and not a gas station.  The state says the blocks will not interfere with the inspection.

Assistant City Attorney Earley said the code is applicable to the circumstances and the city maintains the code as written is applicable and the blocks are a violation. They should be removed.
 
  Special Magistrate Ross found that the violation(s) listed on the summary sheet do exist and that Neeto Investments LLC/Lentin LLC has committed or is responsible for the violation(s).  She ordered that the violator(s) have 90 days in which to obtain a 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 $50.00 per day will be assessed for each day the violation(s) continue past the date set for compliance.  The violator(s) has 30 days in which to appeal the decision in the Circuit Court of St. Lucie County.
             
6. PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
             
7. PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
             
8. OTHER CASES
             
A.
20-1434 AA 141 Melody Lane Uncle Carlos Gelato Jacqueline Young-Smith

Case Initiated:  April 7, 2020 Type of Presentation: Alarm Appeal 

OWNER:
SNB Enterprises LLC
130 S Indian River Drive 101
Fort Pierce, Fl. 34950
APPELLANT:
Uncle Carlos Gelato
141 Melody Lane 
Fort Pierce, Fl. 34950

Date of Action Code Section Bldg. Type False Alarm # Total Due
 6/27/2019 Collections Balance  Commercial 1 $400.00
 8/27/2019 14-24 Excessive False Alarm Commercial 2 $100.00 
11/20/2019 Online Payment  Commercial 2 $100.00 - 
 2/19/2020 14-24 Excessive False Alarm * Commercial 3 $200.00
 5/02/2020 Hearing Remaining Balance     $600.00
  Alarm Coordinator Smith read the facts of the case and explained the nature of the appeal.  She confirmed this was case number 20-1434 and she inititated it on April 7, 2020.

Mr. Shashank Bajaj was sworn in via telephone.  He said there was a problem with the alarm system and it continued to go off. Before he could call in the problem the police arrived.  ADT was called and they replaced the motion sensors. 
  Special Magistrate Ross continued this case until August 5 so Staff could obtain the ADT billing and report.
             
C.
20-1443 AA 2835 S US Hwy. 1 Fireworks Super Store  Jacqueline Young-Smith

Case Initiated:  April 22, 2020 Type of Presentation: Alarm Appeal 

OWNER:
Capital Trust 
2835 S US Hwy 1
Fort Pierce, Fl. 34982
APPELLANT:
Fireworks Super Store
2835 S US Hwy 1 
Fort Pierce, Fl. 34982

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
8/03/2018 14-24 Excessive False Alarm  Commercial 1 $50.00
8/05/2018 14-24 Excessive False Alarm  Commercial 2 $150.00
8/12/2018 14-24 Excessive False Alarm Commercial 3 $250.00
8/21/2018 14-24 Excessive False Alarm Commercial 4 $450.00
5/12/2019 14-24 Excessive False Alarm Commercial 5 $550.00
6/01/2019 14-24 Excessive False Alarm Commercial 6 $550.00
7/15/2020 Hearing Remaining Balance     $2,000.00
  Alarm Coordinator Smith read the facts of the case and explained the nature of the violations.  She confirmed the case number as 20-1443 and initiated on April 22, 2020.  She also confirmed this was an appeal and the appellant is present.

Ed Shuman was sworn in.  He said he didn't know anything about having to register the alarm.  He said he has the alarm system checked every 6 months.  There was no false alarm because he has had several attempted burglaries and he didn't know he had to call the police department and report the incidents.  He presented photos that were marked as respondents exhibit 1 composite.  The photos showed damage to the property from the attempted burglaries.  These incidents took place during the night and even the daytime when the business was closed.  The photos were put on the overhead and they went through each photo explaining what was depicted.
  After hearing testimony from Staff and the appellant, Special Magistrate Ross continued this case for 30 days to allow Staff to review the appellant's testimony.
             
D.
20-1435 AA 706 N 17th Street # B Delphine Newton Grant Jacqueline Young-Smith

Case Initiated:  April 10, 2020 Type of Presentation: Alarm Appeal 

OWNER:
Terry Denmark
706 N 17th Street
Ft. Pierce, Fl. 34950
APPELLANT:
Delphine Newton Grant
706 N 17th Street
Ft. Pierce, Fl. 34950

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
9/26/2019 14-24 Excessive False Alarm  Residential 1 $50.00
10/01/2019 14-24 Excessive False Alarm  Residential 2 $50.00
10/05/2019 14-24 Excessive False Alarm Residential 3 $150.00
7/15/2020 Hearing Remaining Balance     $250.00
  Alarm Coordinator Smith read the facts of the case and explained the nature of the violation. She confirmed the case number being 20-1435 and inititated on April 10, 2020.  She said this is an appeal and the appellant is present.

Delphine Newton Grant was sworn in.  She said she had no excuse for the alarms, but needed more time to pay the fine.  

Staff recommended 9 months to pay the fine.  The payment will go to Cry Wolf not to the city.
  Special Magistrate Ross after hearing testimony found Delphine Newton Grant responsible for the violations.  She ordered the fine of $250.00 be paid to Cry Wolf and she has 9 months to pay them.
             
E.
20-1438 AA 800 Ave C Mt. Olive Missionary Baptist Church Jacqueline Young-Smith

Case Initiated:  May 14,2020 Type of Presentation: Alarm Appeal

OWNER:
Mt. Olive Missionary Bapt.Church 
800 Ave C
Ft. Pierce, Fl. 34950
APPELLANT:
Mt. Olive Missionary Bapt.Church 
800 Ave C
Ft. Pierce, Fl. 34950

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
 10/12/2018 14-24 Excessive False Alarm  Commercial 5 $500.00
 1/12/2019 14-24 Excessive False Alarm Commercial 6 $500.00
 1/26/2019 14-24 Excessive False Alarm Commercial 7 $480.00
 3/04/2019 14-24 Excessive False Alarm Commercial 8 $500.00
7/15/2020 Hearing Remaining Balance     $1,980.00
  Alarm Coordinator Smith recused herself from this case stating she attends this church.  Code Compliance Manager Arraiz read the facts of the case and described the nature of the violation.  She said it was an alarm appeal and the appellant is present.

Donna Barnes was sworn in.  She said the notices were being sent to the wrong address.  She said the billing address is P. O. Box 3863.  There is no mailbox at 800 Avenue C.  

Mrs. Arraiz said the department goes by what address is listed with the property appraiser and the address is 800 Avenue C.  She said Staff needed time to go back and see when the address changed to the post office box number. 
  After hearing testimony from Staff and the appellant, Special Magistrate Ross continued the case until August 5.
             
F.
20-1444 AA 1723 Okeechobee Road Ft. Pierce Discount Liquor & Wine Jacqueline Young Smith

Case Initiated:  April 22, 2020 Type of Presentation: Alarm Appeal

OWNER:
1727 Okeechobee LLC
1727 Okeechobee Road
Fort Pierce, Fl. 34950
APPELLANT:
Fort Pierce Discount Liquor Wine LLC
1723 Okeechobee Road
Fort Pierce, Fl. 34950

Date of Alarm Code Section Bldg. Type False Alarm # Total Due
3/10/2020 14-24 Excessive False Alarm  Commercial 2 $100.00
5/01/2020 14-24 Excessive False Alarm Commercial 3 $200.00
5/07/2020 14-24 Excessive False Alarm Commercial 4 $400.00
7/15/2020 Hearing Remaining Balance Commercial    $700.00
  Alarm Coordinator Smith read the facts of the case and explained the nature of the violation. She confirmed the case number as 20-1444 and the initiation date as April 22, 2020.  She said this is an appeal and the appellant is present.

Sanjeev' Kumar was sworn in.  He said he spoke to Ms. Smith and told her there was a problem with his alarm.  It kept going off. The alarm company found a bad panel and changed it out.  While he was in the building the alarm went off but the police department showed up before he had a chance to call them off.
  After hearing testimony from Staff and the appellant Special Magistrate Ross continued the case until August 5.
             
9. NEW BUSINESS
             
10. OLD BUSINESS
Meeting adjourned: 10:17 AM
Respectfully submitted:
Colleen Greer

Code Enforcement Clerk

    

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