[1. CALL TO ORDER]
[00:00:10]
. >> GOOD MORNING, I AM FRAN ROSS THE SPECIAL MAGISTRATE TO BE OVER TODAY'S HEARINGS.
YOU HAVE RECEIVEDINGS IN THE THAT YOUR PROPERTY IS UNDER VIOLATION OF A CODE OF ORDINANCE.
YOU HAVE A SPECIFIC NUMBER TO CORRECT IT.
AND IF YOU DID NOT CORRECT IT, WE WILL HAVE THE.
IF SOMEBODY TELLS YOU ARE ON TV AND PEOPLE WILL ULTIMATELY SAY THAT TO YOU AT SOME POINT, JUST KNOW PROBABLY BECAUSE YOU ARE SEEN HERE AND RECORDED. DOES ANYONE NEED AN INTER INTERPRETER? IF YOU DON'T MIND, PLEASE STANDS FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AME AMERICA. TO THE REPUBLIC, FOR WHICH IT STANDS. ONE NATION UNDER GOD, WITH
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
LIBERTY AND JUSTICE FOR ALL. >> WILL ALL OF YOU REMAIN
STANDING SO YOU CAN BE SWORN. >> ANYONE WHO IS GIVING TESTIMONY, COULD YOU RAISE YOUR RIGHT HAND PLEASE.
DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL PROVIDE WILL
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
BE THE TRUTH. >> DAD DAM CLERK, DO YOU WANT
TO IDENTIFY. >> CASE 21-66 5, 1215 BOSTON AVENUE SCHEDULED FOR THE NEXT DOCKET.
CASE 21-696 SOUTH U.S. 1. >> CALL THE FIRST CASE.
[A. 20-2425 * 600 Edwards Road WBC Collections LP Ed Smith]
>> 5-A, 20-2425. RECALLED CASE.
600 EDWARDS ROAD. WBC COLLECTIONS LP IS THE OW
OWNER. >> GOOD MORNING, SPECIAL MAGISTRATE. SHAUN COSS, BUILDING COORDINATOR. PREVIOUSLY SWORN IN.
I HAD THE ABILITY TO SPEAK TO THE OWNER AND THEY ARE IN THE PROCESS OF PURCHASING THE PROPERTY.
AS YOU ARE AWARE, ONCE THE PROPERTY HAS TRANSFERRED OWNERSHIP, THE CASE IS GOING TO HAVE TO START OVER TO PROVIDE DUE PROCESS TO THE NEW OWNER SINCE THERE HAS NOT BEEN AN ORDER DETERMINING VIOLATION YET.
THE RESPONDENT HAS ADVISED THEY HAVE A PLAN OF ACTION TO COMMIT WITH A SUBSTANTIAL COMMERCIAL REMODEL AND INTERY'ALL DEMOLITION TO APPLY THE DETERMINATIONS.
THE STAFF RECOMMENDATIONS TO CONTINUE THIS MATTER FOR A PERIOD OF 90 DAYS TO CONFIRM THAT THE SALE HAS COME THROUGH.
SPECIAL MAGISTRATE THANK YOU. STATE YOUR NAME.
>> REBECCA NICHOLSON. >>SPECIAL MAGISTRATE: YOU ARE IN AGREEMENT FOR WHAT THE CITY HAS PRESENTED.
WITH THE EVIDENCE PRESENTED, I WILL CONTINUE THIS FOR 90 DAYS.
>> THANK YOU. >>SPECIAL MAGISTRATE: GOOD
LUCK. >> THE NEXT CASE IS 5 D, CASE
[D. 21-744 2408 Avenue G (802 N 25th St) Hall, Christopher Frank Remling]
NUMBER 21-744. 24088 AVENUE G.CHRISTOPHER HALL IS THE OWNER. >>SPECIAL MAGISTRATE: GOOD MORNING, MR. HALL. DIDN'T RECOGNIZE YOU WITH YOUR MASS ON. MR. REMLING.
GOOD MORNING. >> MY NAME IS FRANK REMLING.
I AM A BUILDING INSPECTOR AND I WORK FOR FORT PIERCE.
THE CASE NUMBER 21-744-802 NORTH 25TH STREET, 2408 AVENUE G., OWNER IS CHRISTOPHER HALL. 34950.
PEST INFESTATION. IPMC 304, WINDOWS DOORS AND FRAMES, IPMC 504.1, PLUMBING FIXTURES.
WATER HEATING FACILITIES. IPMC 506.2 SANITARY DRAINAGE MAINTENANCE. CORRECTIVE ACTIONS ARE TREAT PROPERTY FOR PEST INFESTATION. REPAIR AND REPLACE WINDOWS THAT ARE NOT CLOSING PROPERLY. MAKE ALL NECESSARY PLANNING
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REPAIRS INCLUDING SHOWER THAT IS NOT WORKING PROPERLY.MAKE REPAIR TO THE DRY WALL IN THE BATHROOM WATER DAMAGED. REPLACE A WATER HEAT THEIR HAS BEEN REMOVED.
OBTAIN A PERMIT. MAKE NECESSARY REPAIRS FOR THE NONWORKING ON-DEMAND WATER
HEATER. AND I DO HAVE SOME PICTURES. >> DID YOU GET A CHANCE TO SHOW
THEM TO THE RESPONDENT? >> WOMAN. >> SHOW THEM TO HIM FIRST
PLEASE? >> YES, MA'AM. SPECIAL MAGISTRATE, WHILE MR. HALL IS LOOKING FOR THE PHOTOGRAPHS. MAY I INQUIRE OF MR. REMLING
DID YOU TAKE THE PHOTOS. >> YES, MA'AM. >> DID THEY DEPICT WHAT WE SAW?
>> YES, MA'AM. >> WE WANT TO SUBMIT THIS. >>SPECIAL MAGISTRATE: THEY WILL BE SUBMITTED.
>> PICTURE D IS THE ON-DEMAND WATER HEATER. >> THE PHOTOS UP ON THE SCREEN
ARE THE SAME PHOTOS THAT ARE IN THE PACKET? >> YES, MA'AM.
>> THAT ARE HANDED TO MR. HALL? >> YES, MA'AM. >> THANK YOU.
>> I CAN'T MAKE OUT WHAT IT IS. >> F, PEST INFESTATION.
>> LOCATED WHERE? >> THE KITCHEN ON ONE OF THE
SHELVES. >>SPECIAL MAGISTRATE: IF I HAVE NOT DONE SO ADMITTED AS CITY COMPOSITE ONE.
ANYTHING FURTHER MR. REMLING? >> WOMAN.
>> MR. HALL. >> YES, I WOULD LIKE TO SPEAK.
I HAD AN IRATE TENANT AT THE PLACE THAT LEFT THE DOORS OPEN.
I HAVE PICTURES THAT THE DOORS WERE OPEN TRIED TO MOVE FROM PLACE TO PLACE TO CREATE PROBLEMS THE PLACE.
THEY SAID MY ROOF WAS LEAKING AS WELL.
THOSE PROBLEMS DIDN'T OCCUR AND PICTURES THEY LEAVE THE DOOR OPEN AND COCKROACHES CAN GO IN ANYBODY'S HOUSE AND RATS TOO AND ALL THAT KIND OF STUFF IF THEY HAVE THE DOOR OPEN IN A WOODED AREA. THEY DIDN'T SWEEP UP THE PLACE AND THEY LEFT THE ROAD THERE. AND THEY SAID WHEN THEY GET READY TO TAKE ME TO COURT AND STUFF LIKE THAT, THEY CAN DO SO. I HAVE CORRECTED.
AND ALSO LEFT THE TOILET INTENTIONALLY STOPPED-UP.
AND I GUESS THEY USED SPRAY OR SOMETHING TO KEEP THE SCENT FROM SMELLING UP THE PLACE. THE PLUMBING WASN'T ACTUALLY STOPPED-UP. I HAVE THAT PICTURE.
THEY BROKE OFF THE SOAP DISH, YOU KNOW, FROM THE WALL, BECAUSE THEY WERE CONSTANTLY FIGHTING TENANTS AND STUFF AND THEY BROKE THAT OFF THEMSELVES FROM THE BATHROOM WHICH REVEAL MOLD AND SOMETHING BEHIND THAT WHICH HAS BEEN TAKEN CARE OF AND REPAIRED AS WELL. THE WINDOWS ALSO -- THEY BROKE A WINDOW WHICH HAS BEEN TAKEN CARE OF AND REPAIRED AS WELL.
I HAVE ALSO A RECEIPT FROM CHAINY'S GLASS, WHERE THEY CAME IN AND TOOK CARE OF THE WINDOWS TO STAY UP.
BECAUSE THEY SAID THE WINDOWS WOULDN'T STAY UP FOR THE CENTRAL AIR AND HEAT. AND JUST COMPLAINED ABOUT EVERYTHING THEY COULD FIND WRONG.
I HAVE PICTURES WHERE THE SOAP DISH HAS BEEN REPAIRED.
A NEW TENANT IN THE PLACE. THEY HAVE NO COMPLAINTS AT ALL AT THE PLACE. AND THEY CAME IN ON THE 20TH.
ON THE 18TH OF 21. THE LATEST MOVED OUT ON 5-7.
THE HOT WATER HEATER. YS, I DID INSTALL IT WITHOUT A
[00:10:02]
PERMIT. THEY TRIED TO MAKE A BIG ISSUE OUT OF THAT. AND I STILL NEED TIME TO OBTAIN A PERMIT FOR THE HOT WATER HEATER.TRYING TO GET ELECTRICIANS TO COME OUT TO TRY TO PULL A PERMIT FOR A HOT WATER HEATER. AND DO WHATEVER.
IT HAS BEEN VERY HARD TO DO SO WITH THAT.
I CALLED CALL-AMERICAN AND THEY SAID THEY WOULD COME OUT MONDAY AND THEY DIDN'T COME OUT AND THEY HELP ME WITH MY ELECTRICAL PROBLEMS AND I NEED THEM TO HELP ME WITH THAT.
EVERYTHING ELSE HAS BEEN TAKEN CARE OF, DONE EXCEPT THE HOT
WATER HEATER PART. >>SPECIAL MAGISTRATE: NOW THE PICTURES THAT YOU HAVE, HAVE YOU SHOWED THOSE TO MR. REM
>> HERE YOU ARE, SIR. >> YES, SIR.
>> YES. CAN I TAKE A LOOK AT THEM,
SPECIAL MAGISTRATE. >>SPECIAL MAGISTRATE: YES.
>> SO SPECIAL MAGISTRATE, I WAS HAND A SERIES OF PHOTOGRAPH SOME OF WHICH CAPTURED TEXT MESSAGES.
AND THEN I WAS HANDED A LEASE AGREEMENT.
SO THAT THE EXTENT YOU ARE ADMITTING THEM, I THINK THEY SHOULD BE ADMITTED AS SEPARATE EXHIBITS.
I AM GOING TO OBJECT TO THE ADMISSION OF THE LEASE AGREEMENT AS FAR AS RELEVANCE IS CONCERNED THOUGH.
>>SPECIAL MAGISTRATE: I WILL SUSTAIN YOUR OBJECTION TO THAT.
>> BUT AS FAR AS THE PHOT PHOTOGRAPHS ARE CONCERNS, UNLESS STAFF HAS AN OAKS, I HAVE NO OAKS.
>>SPECIAL MAGISTRATE: NOW DO YOU WANT US TO MAKE COPIES OF
THESE? >> YOU CAN MAKE COPIES OF TH
THESE, IF YOU WOULD LIKE. >>SPECIAL MAGISTRATE: THE LEASE AGREEMENT WILL NOT COME IN BECAUSE IT HAS NO RELEVANCE
BUT THE OTHER PHOTOGRAPHS DO. >> WHAT I WILL DO IS GIVE THEM TO YOU IN ONE PACKET, SPECIAL MAGISTRATE.
WE WILL HAVE TO MAKE A COPY BUT IF THEY COULD BE ADMITTED AS
CITY RESPONDENTS 1. >>SPECIAL MAGISTRATE: IT WILL.
>> BUT YOU CAN LOOK AT IT OBVIOUSLY FOR NOW.
>>SPECIAL MAGISTRATE: MR. H HALL, YOUR TESTIMONY IS THAT -- THAT YOU HAVE MADE MOST OF THES REPAIRS?
>> YES, I HAVE MADE ALL OF THE REPAIRS EXCEPT FOR THE PERMIT FOR THE HOT WATER HEATER. THEY HAD -- THANK YOU.
I DON'T KNOW -- TALKING ABOUT -- IF THIS IS RELEVANT OR NOT PERTAIN TOGETHER HOT WATER HEATER.
>>SPECIAL MAGISTRATE: NO, IT'S NOT.
SOME TEXT MESSAGES. YOU WANT THOSE IN TOO.
>> I AM NOT GOING TO OBJECT AT THIS POINT IN TIME.
>>SPECIAL MAGISTRATE: THESE WILL BE PERMITTED AS THE RESPONDENT'S EXHIBIT 1 AND WE WILL MAKE A COPY AND GIVE YOU YOURS BACK. NOW HAVE YOU SPOKEN WITH MR. REMLING ABOUT THIS PRIOR TO THIS MORNING?
>> NO. >>SPECIAL MAGISTRATE: YOU ARE UNDER OATH AND YOU HAVE DONE MOST OF THESE REPAIRS.
>> YES, I HAVE. >>SPECIAL MAGISTRATE: YOU NEED
[00:15:03]
TO PULL A PERMIT FOR A HOT WATER HEATER.>> YES. >>SPECIAL MAGISTRATE: DO YOU
KNOW HOW LONG THAT WILL TAKE? >> THEY SAID THEY WOULD PULL THE PERMIT. THEY HAVEN'T GOTTEN BACK WITH ME AND THEY DO TAKE CARE OF MOST OF MY ELECTRICAL WORK.
I CAN'T SAY WHEN THEY WILL DO IT AND THEY USUALLY MOVE KIND OF FAST. MAYBE 30 DAYS OR SOMETHING LIKE THAT. MAYBE DO FOR THAT IN 30 DAYS.
>>SPECIAL MAGISTRATE: IF YOU PULL THE PERMIT YOU HAVE SIX MONTHS TO BRING IT IN COMPLIANCE AND MR. REMLING AND EVERYBODY ELSE -- I WILL CONTINUE THIS BASED ON YOUR TESTIMONY THAT YOU MADE MOST OF THESE REPAIRS AND MR. REMLING WILL GET WITH YOU -- THE TWO OF YOU WILL GET TOGETHER AND LET HIM GO OUT AND MAKE THE INSPECTIONS.
>>SPECIAL MAGISTRATE: COME BACK AND I WILL SEE WHERE YOU
ARE IN 30 DAYS. >> THANK YOU MA'AM -- I MEAN,
THANK YOU, SPECIAL MAGISTRATE. >>SPECIAL MAGISTRATE: DO YOU HAVE MR. REMLING'S CARD? OR DO YOU NEED TO TALK TO ST STAFF? ELIZABETH, DO YOU HAVE HIS INFORMATION? OVER HERE TO YOUR LEFT.
>> THANK YOU. >> I WILL GET IN THE MAIL A
COPY -- >> YOU WANT ME TO GET YOU NOW
FOR YOU? >>SPECIAL MAGISTRATE: IF YOU WANT TO. OKAY.
THANK YOU MR. CHRIS. YOU WILL GET WITH THE CITY AND
WE WILL CALL THE NEXT CASE. >> THANK YOU.
>>SPECIAL MAGISTRATE: YOU ARE WELCOME.
>> THE NEXT CASE IS 5 E, CASE 21-754, 4213 BIRKDALE DRIVE,
[E. 21-754 4213 Birkdale Dr Lombardi, Timothy & Amanda Cristobal Bossano]
TIMOTHY AND AMANDA LOMBARDI ARE THE OWNERS.>>SPECIAL MAGISTRATE: GOOD MORNING.
>> GOOD MORNING. >>SPECIAL MAGISTRATE: ARE YOU
READY. >> I AM THE BUILDING INSPECTOR FOR CITY OF FORT PIERCE. CRISTOBAL BOSSANO.
CASE NUMBER 21-754. ADDRESS IS 4213 BIRKDALE DRIVE.
THE OWNER ARE TIMOTHY AND AMANDA LOMBARDI, 4213 BIRK.
DALE DRIVE, FORT PIERCE. SPC 105.1, PERMIT REQUIRED.
CORRECTION OF PERMIT TO PORCH ENCLOSURE.
I WAS OVER THERE FOR INSPECTION I PULLED WHEN I SAW THE BUILDING STRUCTURE OVER THERE IN THE BACK OF THE HOUSE, A BIG PORCH WITH NO PERMIT. SO I TOOK PICTURES FROM THERE.
PLUS, I PUT THE -- IN THE PICTURES YOU CAN SEE.
>> BEFORE WE GET THERE, DID YOU SHOW A COPY OF THE PICTURES TO
>> WILL YOU DO THAT NOW PLEASE. >> DO THE PHOTOGRAPHS FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW?
>> YES. >> AT THIS TIME WE WILL MOVE
CITY ONE COMPOSITE. >>SPECIAL MAGISTRATE: IT WILL
BE ADMITTED AS SUCH. >> THANK YOU.
[00:20:01]
>> THE PHOTOGRAPHS ARE UP ON THE SCREEN.
ANYTHING YOU WANT TO SAY ABOUT THEM?
>> THE HOUSE. THAT IS IN FRONT OF THE HOUSE.
>> OKAY. >> THAT IS THE STRUCTURE IN THE BACK OF THE HOUSE. THEY GOT PERMITS FOR THE POOL.
BUT NO PERMITS FOR THE STRUCTURE AND THE PORCH.
>>SPECIAL MAGISTRATE: ALL RIGHT, ANYTHING FURTHER?
>> THAT'S IT. >> SAY YOUR NAME.
>> TIMONEY LOMBARDI. >>SPECIAL MAGISTRATE: YOU HAVE
PREVIOUSLY BEEN SWORN. >> I DO ADMIT THAT I DID NOT HAVE A PERMIT. NOT THE PORCH BUT THE SUN SAILS
-- THAT IS WHAT I PUT UP. >>SPECIAL MAGISTRATE: HAVE YOU SPOKEN TO THE CITY OF YOUR INTENTIONS.
>> WOMAN. THEY STOPPED THE WORK ORDERS AND I STOPPED AS FAR AS I WENT. AND THEN REMOVED ALL THE BRACING BECAUSE THAT WAS ALREADY DONE.
I STOPPED AND PULLED THE BRACING BACK DOWN AND THE SAILS WERE UP. THAT IS HOW FAR -- I HAVE PICTURE IT IS THEY WOULD LIKE TO SEE THEM.
>>SPECIAL MAGISTRATE: HOW DID THIS COME TO CODE, MR. BOSSANO.
HOW DID THIS COME TO CODE? >> RECEIVE A COMPLAINT.
>> YEAH WE -- NO, I NOT RECEIVE A COMPLAINT.
I WAS OVER THERE FOR ANOTHER INSPECTION FOR THE POOL.
SO WHEN I SEE WHAT THEY DID -- THEY START FOR THE FOOTS AND THEY STARTED ALL THE STRUCTURES OVER THERE.
SO THIS KIND OF STRUCTURE, DIDN'T GET PERMITS.
>> I LOOKED ONLINE AND I DID NOT SAY SUN SAILS NEEDED A PERMIT. THAT'S WHY -- WE ARE TRYING TO PUT A TEMPORARY STRUCTURE UP UNTIL WE FURTHER BEAMS AND CONCRETE COLUMNS IN. AND PUT A WINDOW AND A DOOR AND AN OPEN DECK ABOVE. SO WE WERE JUST PUTTING TEMPORARY STRUCTURE UP FOR SHADE.
>> SORRY, SIR, TO INTERRUPT. SPECIAL MAGISTRATE AT THIS TIME I DON'T HAVE AN OBJECTION TO THE PHOTOS COMING IN AS RESPONDENTS 1 COMPOSITE. ONCE THEY ARE FORMALLY ADMITTED I WANT TO HAVE MR. -- TO GIVE HIM AN OPPORTUNITY TO SEE THEM AS WELL AND SEE IF HE HAS ANY REMARKS THAT MIGHT ASSIST YOU.
>> SIR, THERE IS A SKETCH H HERE.
>> WE WILL HAND THAT BACK TO YOU.
>> THAT WAS -- ORIGINALLY WE WERE GOING TO BUILD A PERGOLA AND THAT CHANGED BECAUSE THE COST OF WOOD WAS SO EXPENSIVE.
>>SPECIAL MAGISTRATE: ARE YOU MOVING THESE INTO EVIDENCE?
>> YES, MA'AM, PLEASE. >> THOSE ARE RESPONDENT EXHIBIT 1. THE COLOR PHOTOS ARE THE CITY'S AND THE PLAQUE AND WHITE ARE RESPONDENT 1.
>>SPECIAL MAGISTRATE: THIS IS NOT MARKED.
WOULD YOU LIKE TO MARK IT. >> I WILL BE HAPPY TO DO SO,
MA'AM. >>SPECIAL MAGISTRATE: CAN WE
KEEP THIS PICTURE? >> YES, MA'AM.
I HAVE COPIES. I DON'T NEED COPIES BACK.
>>SPECIAL MAGISTRATE: MARK THIS TOO, TONYA.
>> I WILL, SPECIAL MAGISTRATE. THANK YOU.
>>SPECIAL MAGISTRATE: DID YOU SEE THE STRUCTURES THAT HE PUT
UP? >> SPECIAL MAGISTRATE, I SAW THE SAIL SHADES. THEY DO REQUIRE A PERMIT AND MUST BE CERTIFIED OF THE SAIL SHADES AND THEIR SUPPORTING MEASURES WHETHER THEY ARE INDEPENDENT COLUMNS, PIERS OR ATTACHED STRUCTURALLY TO THE HOUSE.
THEY HAVE TO BE REVIEWED FOR CODE COMPLIANCE.
>> OKAY. >>SPECIAL MAGISTRATE: ANYTHING
I KNOW ORIGINALLY WE TRIED TO GET A PERMIT FOR A PERGOLA AND TOOK THE DRAWING TO THE OFFICE. AND THE SECRETARY REFUSED IT BECAUSE I HAD ENGINEERED DRAWINGS.
I WENT TO MAKE AT ARCHITECTS. TURNED THE PAPER WORK AND
[00:25:01]
CALLED HIM FOUR OR FIVE TIMES AND NO ONE WOULD TAKE MY PHONE CALL AGAIN. I TRIED THREE ENGINEERS AND I COULDN'T GET ANYBODY TO TAKE THE JOB.THAT IS WHERE I WAS STUCK AT, AND THAT'S WHEN I STOPPED.
THAT WAS IN MARCH. >>SPECIAL MAGISTRATE: HAVE YOU ATTEMPTED TO GET A PERMIT SINCE THAT TIME?
>> I TRIED TO GET A PERMIT AT THAT TIME.
>>SPECIAL MAGISTRATE: SINCE THAT TIME.
>> I COULD NOT GET AN ENGINEER TO TAKE MY CALLS.
I TRIED THREE DIFFERENT ENGINEERS AND NO ONE WOULD TAKE THE JOB BECAUSE IT IS TOO SM SMALL.
>> SPECIAL MAGISTRATE, ENG ENGINEERED DRAWINGS ARE REQUIRED FOR SUBMITTAL OF THE APPLICATION.
>>SPECIAL MAGISTRATE: EXHIBITS HAVE BEEN MARKED AND BOTH
ADMITTED. >> THANK YOU, MA'AM.
>>SPECIAL MAGISTRATE: YOU ARE WELCOME.
ANYTHING FURTHER? MR. LOMBARDI, ANYTHING FURTHER?
>> WOMAN. >>SPECIAL MAGISTRATE: I'M GOING TO FIND THAT YOU ARE IN VIOLATION AND ORDER THAT YOU OBTAIN A PERMIT FOR WHATEVER YOU ARE GOING TO CALL IT BACK THERE. I STRONGLY SUGGEST THAT YOU GET WITH THE CITY AND FIND OUT WHAT YOUR REQUIREMENTS ARE.
AND ONCE YOU GET A PERMIT, YOU GOT 6 DAYS -- I WILL FIND THAT YOU ARE IN VIOLATION AND I WILL GIVE YOU 60 DAYS TO OBTAIN A PERMIT. OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS UNTIL THE PERMIT HAS BEEN CLOSED.
COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS THAT ARE NOT OF OR A FINE OF $100 PER DAY WILL BE ASSESSED. ONCE YOU PULL THAT PERMIT, YOU HAVE 180 DAYS TO COMPLETE IT. IF YOU HAVE PROBLEMS, GET WITH THE CITY AND THEY WILL ASSIST YOU WITH ANY PROBLEMS THAT YOU MAY INCUR. BUT YOU GOT TO HAVE A PERMIT.
GOOD LUCK TO YOU. >> YES, MA'AM.
>>SPECIAL MAGISTRATE: NEXT CASE.
[G. 21-857 1508 Avenue F Owens, Faye Logan Winn]
>> THE NEXT CASE IS 5 G, 21 21-857, 1508 AVENUE F.
FAYE OWENS IS THE OWNER. >>SPECIAL MAGISTRATE: GOOD
MORNING. >> GOOD MORNING, LOGAN WINN, CITY OF FORT PIERCE INSPECTOR, 21-857, 150 AVENUE F.
CASE APRIL 21, 2021. OWNER FAYE OWENS.
VIOLATIONS FBC 105.1, 2017, PERMIT REQUIRED, CORRECTIVE ACTION IS OBTAIN A PERMIT FOR THE FRAMING AND TRUSS WORK AND ANY OTHER RENOVATION WORK BEING DONE.
I HAVE SOME PICTURES ALSO. >>SPECIAL MAGISTRATE: OKAY.
>> YOU TOOK THE PICTURES, CORRECT?
ACCURATELY DEPICT WHAT YOU SAW? >> YES.
>> AT THIS TIME I WOULD LIKE TO ADMIT THIS.
>>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH.
>> THANK YOU. I AM GOING TO MARK THEM SPECIAL MAGISTRATE BEFORE I HAND THEM OVER.
>>SPECIAL MAGISTRATE: THANK YOU.
>> ANYTHING ELSE YOU WANT TO SAY BEFORE YOU WAIT FOR ME TO
MARK THE PICTURES. >> I KNEW THERE WAS A PERMIT ON THE PROPERTY FOR OTHER REPAIRS. I THINK THESE ARE OVER AND ABOVE WHAT HE ORIGINALLY HAD LISTED ON THE APPLICATION.
[00:30:03]
>> SPECIAL MAGISTRATE, DO YOU WANT TO MOVE OVER TO THE RESPONDENT WHILE I CONTINUE TO MARK THE EXHIBITS ESPECIALLY SPESHZ IF YOU ARE COMFORTABLE OF THAT.
>> RODERICK WALLER. THE CONTRACTOR FOR MISS OWENS.
>>SPECIAL MAGISTRATE: HAVE YOU BEEN SWORN.
>>SPECIAL MAGISTRATE: W-A W-A-L-L-E-R.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: HOW DO
YOU RESPOND. >> WE HAVE A PERMIT FOR 8/27.
CURRENTLY IT IS IN PLAN REVIEW THAT WAS APPROVED -- VIOLATION APPROVED ON 9/8. SO I GUESS WE SHOULD HAVE GOTTEN TOGETHR BEFORE THIS, BECAUSE IT IS IN THERE AND BEEN APPROVED. IT IS WAITING ON FINAL -- WHAT DO YOU GUYS CALL IT. FINAL REVIEW BEFORE IT IS
>>> PERMIT NUMBER 20-4439. 20-4439 IS THE PERMIT NUMBER.
>>SPECIAL MAGISTRATE: ELIZABETH, DO YOU HAVE THE ABILITY TO CHECK ON THAT FROM WHERE YOU ARE?
>> NOT FROM WHERE I AM AT. IS THAT FOR THE TRUSS WORK?
>> YES, MA'AM. >> WOULD LIKE TO INCLUDE YOU
THAT. >> 20-250 IS THE PERMIT APPLIED FOR. PERMIT 20-3181 WAS A COMPLETE RENOVATION PERMIT THAT WAS APPLIED FOR LAST YEAR.
20-4125 IS A ROOF PERMIT THAT WAS APPLIED FOR LAST YEAR.
SO AND THE CURRENT ONE THAT -- BECAUSE THERE WAS ROTTEN WOOD DURING OUR RENOVATION. PAINTING ROTTEN WOOD THAT GOES BEYOND THE SCOPE OF THE PERMIT. SO WE APPLIED FOR THE PERMIT.
>>SPECIAL MAGISTRATE: OKAY. SO WE ARE JUST WAITING NOW TO
HEAR BACK FROM THE CITY. >> SPECIAL MAGISTRATE, I WILL INTERJECT. THE PERMIT WITH REGARD TO THE ROOF RAFTERS. I DO KNOW THAT THAT PERMIT IS REJECTED. I REJECTED IT DUE TO LACK OF ENGINEERING DETAIL. I BELIEVE THERE WERE OTHER TRADES INVOLVED IN THAT PERMIT SO IT MAY BE CIRCULATING THE OFFICE BEFORE IT MADE ITS WAY BACK TO THE CONTRACTOR, THE OFFICIAL REJECTION. AS LONG AS THE RESPONDENT AND THE CONTRACTOR ARE HERE ON BEHALF OF THE RESPONDENT IS CONTINUING TO MOVE FORWARD WITH COMPLIANCE, STAFF IS IN AGREEMENT WITH PROVIDING A CONTINUANCE FOR 30 DAYS TO HAVE
ANOTHER STATUS UPDATE. >>SPECIAL MAGISTRATE: MR. WALLER, ARE YOU IN AGREEMENT WITH THAT?
>>SPECIAL MAGISTRATE: PUT THAT FOR 30-DAY CONTINUANCE.
THANK YOU. >> YOU ARE WELCOME.
ENJOY YOUR DAY. >>SPECIAL MAGISTRATE: NEXT
CASE. >> THE NEXT CASE IS 6 A, CASE 18-2940. 3217 ORANGE AVENUE.
MANUEL ESQUIVEL CONCRETE CONSTRUCTION IS THE OWNER.
IT IS A FINE REDUCTION. >>SPECIAL MAGISTRATE: I WAS LOOKING AT THE CASE INFORMATION.
AND I WAS LIKE, OKAY. ALL RIGHT.
[A. 18-2940 3217 Orange Avenue Manuel Esquivel Concrete Contr. Shaun Coss]
>> SPECIAL MAGISTRATE, A FINE REDUCTION, CASE 18-2940, 3217 ORANGE AVENUE, MANUEL ESQUIVEL CONCRETE CONSTRUCTION.
THE VIOLATIONS AT THE PROPERTY WERE SECTION 1-1501 PERMIT REQUIRED. THE CASE WAS INITIATED DECEMBER 11, 2018. THE VIOLATION WAS RECORDED JULY 17, 2019. 90-DAY ADMINISTRATIVE EXTENSION OF TIME SEPTEMBER 23, 2019. DUE TO NO PERMITS BEING ISSUED AND AFFIDAVIT OF NONCOMPLIANCE WAS RECORD, AND THE FINES BEGAN JANUARY 2, 2020. AFTER THE PERMIT HAVE BEEN SUBMITTED, REVISIONS HAVE BEEN RECEIVED EVER RECEIVED AND THE PERMITS ISSUE, WORK COMPLETED AND INSPECTIONS WERE IMPROVED AND. JUNE 22, 2001, THIS CASE WAS
[00:35:03]
MARKED COMPLIANT. DURING THAT TIME, FINES DID ACCUMULATE FROM JANUARY 2, 2020 UNTIL THERE WAS A MASSEY HEARING HELD FEBRUARY 18, 2020. THE FINES WERE STAYED AT THAT TIME; HOWEVER, THEY DID ACCRUE TO $4730, INCLUDING $30 OF RECORDING FEES. STAFF HAS CALCULATED THE ADMINISTRATIVE COSTS IN THIS CASE TO BE A TOTAL OF $2685.44.THERE ARE THREE CRITERIA IN CONSIDERING THE REDUCTION OF THE FINE. ONE, THE GRAVITY AND SERIOUSNESS OF THE VIOLATION IS MODERATE.
TWO, ANY AND ALL ACTIONS BY VIOLATOR TO CORRECT THE VIOLATIONS. FOR IF THE CORRECTIONS WERE NOT TAKEN BY THE ORIGINAL VIOLATOR WHAT ACTION WITH OWNER AND PARTY OF INTEREST TO BRING THE VIOLATION INTO COMPLIANCE.
AND THE OWNER OBTAINED THE NECESSARY COMPLIANCE AND COMPLETED THE WORK. THREE, THE NUMBER OF TIMES THE VIOLATOR WAS PREVIOUSLY FOUND IN VIOLATION BY EITHER THE CODE ENFORCEMENT BOARD SPECIAL MAGISTRATE OR QUASI JUDICIAL OR ANY SUCH PROCEEDING IT WAS TWO TIMES.
THE RESPONDENT HAS SUBMITTED HIS FINE REDUCTION REQUEST.
HE IS REQUESTING THAT THE FINE BE REDUCED TO $1,000.
UPON CONSIDERATION OF THREE CRITERIA AND THE ADMINISTRATIVE COSTS, STAFF RECOMMENDATION IS TO REDUCE THE FINE TO THE AMOUNT OF $1185.44. AND THIS AMOUNT, SPECIAL MAGISTRATE, IS THE TOTAL AMOUNT OF THE ADMINISTRATIVE FINE MINUS 1035 FOR THE ONE MONTH SINCE THE CASE WAS OPEN.
>>SPECIAL MAGISTRATE: ANYTHING FURTHER?
>> NOT AT THIS TIME. >>SPECIAL MAGISTRATE:
GENTLEMEN, ARE YOU BOTH SWORN? >> I WILL SPEAK.
JOSEPH ROMAN, OPERATIONS MANNER FOR MANUEL FOR THE PROPERTY.
SO WHAT IS THE TOTAL YOU ARE COMING UP $2685?
>> THE TOTO COST OF THE ADMINISTRATIVE.
MY RECOMMENDATION TO REDUCE THE FINE TO $1185.44.
>> CAN WE MAKE THAT EASY AND DO THAT.
WE WILL JUST MAKE IT EASY. CONTRACTORS TOOK THE MONEY FROM THEM A COUPLE OF TIMES AND I GOT INVOLVED AND WE HAVE BEEN UP HERE A COUPLE OF TIMES AND FINALLY GOT THE RIGHT CONTRACTOR TO TAKE CARE OF THINGS.
IT WASN'T THEIR FAULT AND CONTRACTORS STEALING MONEY.
THEY TAKE THE MONEY AND RUN AND NOTHING YOU CAN DO ABOUT IT AND COST YOU MORE LEGAL FEES TO FIGHT THEM THAN DO ANYTHING.
WE WOULD LIKE FOR NOTHING, BUT AGAIN, IF WE ARE GOING TO BE FAIR, THEN WE CAN AGREE TO $ $1,100.
>>SPECIAL MAGISTRATE: SIR, YOUR NAME.
AND YOU ARE THE OWNER OF THE BUSINESS.
>> YES. >> BASED ON THE STIPULATION BETWEEN THE PARTIES, I WILL DO THE LIEN REDUCTION REQUEST THAT YOU STIPULATED, $1185.44. NOW HOW MUCH TIME DO YOU NEED
TO PAY THAT? >> WE COULD PAY THAT TODAY.
>> PAY FOLLOWING THE HEARING SINCE THIS IS A FINE REDUCTION.
THEY CAN FAY IF THEY FOLLOW THEM UP STAIRS.
>>SPECIAL MAGISTRATE: I WILL GIVE YOU 21 DAYS TO PAY IT.
>> WE HAVE TO GO TO A BUILDING DEPARTMENT ANYWAY TO STRAIGHTEN UP THINGS. IF SHE IS -- WE NEED TO STRAIGHTEN THINGS UP. WHEN DONE -- WE CAN MEET UP.
>>SPECIAL MAGISTRATE: THANK YOU, GOOD LUCK.
>> THANK YOU. AND HAVE A GOOD DAY.
[B. 19-2507 431 N 21st Street Georges, Brittany Shaun Coss]
>>SPECIAL MAGISTRATE: YOU TOO. >> THE NEXT CASE IS 6 B, 1 19-2507. ADDRESS 431 NORTH 21ST STREET.
BRITTANY GEORGES IS THE OWNER. >> SPECIAL MAGISTRATE, THIS IS AN EXTENSION OF TIME REQUEST FOR MRS. GEORGES.
THE VIOLATION CASE 19-2507 FOR 431 NORTH 21ST STREET.
THE PROPERTY IS OWNED BY BRITTANY GEORGES.
I BELIEVE SHE IS NO LONGER IN ORLANDO.
IF SHE CAN PROVIDE A PROPER ADDRESS ONCE -- FOLLOWING THE TO MISS BECK, THAT WILL BE APPROPRIATE.
THE VIOLATIONS OF THE PROPERTY MAINTENANCE CODE 304.7.
ROOFS AND DRAINAGE, 5.4 PLUMBING, ELECTRICAL SYSTEMS,
[00:40:02]
305.3, INTERIOR SERVICES, 3 304.13, WINDOWS DOORS AND GRIMES 3.091, INFESTATION AND SMOKE ALARMS. AS YOU MAY RECALL, THIS CASE CAME BEFORE YOU FOR AN EXTENSION OF TIME. MISS GEORGES SAID THE PROPERTY WAS VACANTS AND WILL CONTINUE TO REMAIN VACANT UNTIL ALL OF THE VIOLATIONS HAVE BEEN CURED. SHE HAS OBTAINED A PERMIT FOR REPLACEMENT OF THE WINDOWS. MY UNDERSTANDING THAT SOME OF THE OTHER VIOLATIONS HAVE BEEN CURED BUT NOT ALL.SO PRIOR TO MAKING A RECOMMENDATION, I WOULD LIKE TO HEAR AN UPDATE FROM MRS. GEORGES.
>>SPECIAL MAGISTRATE: HOLD ON. ARE YOU SWORN?
>> I DON'T BELIEVE SO. >> RAISE YOUR RIGHT HAND AND
STATE YOUR NAME FOR THE RECORD. >> BRITTANY GEORGES.
>> DO YOU SWEAR THAT THE TESTIMONY YOU WILL PROVIDE WILL
THE INSPECTOR CAME OUT YESTERDAY.
THE ONLY THING -- THE ELECTRICAL HAZARD HAS BEEN DONE. THE SMOKE ALARMS HAVE BEEN D DONE. INFESTATION HAS BEEN DONE.
AND INTERIOR SURFACES HAVE BEEN DONE.
I AM JUST WAITING FOR THE WINDOW TO COME IN.
I CALLED HOME DEPOT YESTERDAY, AND THEY ARE DELAYED SO THE WINDOW WON'T BE DELIVERED UNTIL NOVEMBER 21.
I ORDERED IT A MONTH AGO. IT WAS SUPPOSED TO BE A MONTH.
BUT BECAUSE OF SHORTAGES IN BUILDING MATERIALS, IT WON'T BE IN UNTIL NOVEMBER. SO OTHER THAN THAT, THAT IS THE ONLY THING I AM WAITING FOR IS THE WINDOW TO COME IN.
>>SPECIAL MAGISTRATE: HE SAID THAT WILL BE IN NOVEMBER.
>> NOVEMBER, YEAH. >>SPECIAL MAGISTRATE: ARE THEY GOING TO INSTALL THE WINDOWS FOR YOU?
>> I HAVE SOMEONE TO INSTALL IT, YEAH.
>>SPECIAL MAGISTRATE: THEY WILL COME IN NOVEMBER.
DO YOU KNOW WHAT DATE IN NOVEMBER?
>> NOVEMBER 21, IS WHAT THEY TOLD ME.
>>SPECIAL MAGISTRATE: WE WILL CONTINUE THIS UNTIL DECEMBER TO SEE WHERE SHE IS. AND I APPRECIATE THE WORK YOU ARE DOING. I KNOW IT HAS BEEN A WHILE.
AND THE CASE WAS INITIATED SEPTEMBER 20, 2019.
HOW IS SCHOOL? >> SCHOOL IS FINISHED.
SO FINALLY DONE WITH THAT. >>SPECIAL MAGISTRATE:
CONGRATULATIONS. >> DONE WITH THAT.
>>SPECIAL MAGISTRATE: CONGRATULATIONS.
CONTINUE WITH IT AND GOOD LUCK. >> FOR CLARITY THE ORDER WILL
[C. 20-2232 505 N 25th Street Moody-Floyd, Terri Lynn Frank Remling]
>> THANK YOU. >>SPECIAL MAGISTRATE: NEXT
CASE. >> THE NEXT CASE IS THE PHONE CALL AND THE LAST CASE ON THE AGENDA.
IT IS 6 C, CASE 20-2232. 505 NORTH 25TH STREET.
TERRI LYNN MOODY-FLOYD IS THE OWNER.
AND IT IS A REQUEST FOR AN EXTENSION OF TIME.
REPRESENTING THAT OR SHAUN. >> I WILL HANDLE IT, SPECIAL MAGISTRATE ESPECIALLY ESPECIALLY OKAY, THANK YOU.
HERS THAT I CAN -- THAT I CAN TRY.
>> HI, ELIZABETH WITH THE IOR CITY OF FORT PIERCE BUILDING
>> YOU ARE ON AUDIO ATTENDANCE OF A SPECIAL MAGISTRATE
[00:45:01]
HEARING. I NEED TO SWEAR YOU IN FOR TESTIMONY. IF YOU COULD WHEREVER YOU ARE AT, RAISE YOUR RIGHT AND AND STATE YOUR NAME FOR THE RECORD.>> OKAY. MY NAME IS TERRI FLOYD.
>> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL HAVE
PRIDE WILL BE THE TRUTH. >> YES.
>> THE NEXT VOICE YOU HEAR WILL BE THE SPECIAL MAGISTRATE.
>> OKAY. >>SPECIAL MAGISTRATE: GOOD
MORNING, MISS MOODY. >> GOOD MORNING.
>>SPECIAL MAGISTRATE: RIGHT NOW I WILL PASS THIS OVER TO
MR. COSS. >> GOOD MORNING, SPEJZ SPEJZ.
A REQUEST -- SPECIAL MAGISTRATE A REQUEST FOR A MATTER OF TIME FOR 505 NORTH 25TH STREET. OWNED BY TERRI LYNN MO MOODY-FLOYD, VERO BEACH, FLORIDA, 33607.
1100 WEST 13TH SQUARE VERO BEACH.
THE VIOLATIONS OF THE PROPERTY ARE THE INTERNATIONAL PROPERTY MAINTENANCE 304.7 ROOFS AND DRAINAGE.
305.3, INTERIOR CONFERS. WINDOWS DOORS AND FRAMES, 5.
5.602, SANITARY. 30 9.1, INFESTATION.
AND SMOKE ALARMS. AND THE AFFORDABLE CODE PERMIT REQUIRED. THIS MATTER PREVIOUSLY CAME BEFORE YOU IN AN ORDER OF VIOLATION WAS ENTERED.
A 90-DAY ADMINISTRATIVE TIME WAS ON MAY 20, 2021.
AUGUST 30, 2021, WE RECEIVED AN E-MAIL FROM MISSION FLOYD ASKING FOR EXTENSION TO COMPLETE THE PURCHASE.
AS OF TODAY WE HAVE NOT RECEIVED ANY APPLICATIONS FOR PERMIT. PRIOR TO MAKING A RECOMMENDATION, I WOULD LIKE TO HEAR AN UPDATE FROM MISS FLOYD.
>> OKAY. THE SITUATION IS THE GUY THAT I PREVIOUSLY HAD -- THE CONTRACTOR, HE CAUGHT COVID.
AND HE WAS OUT FOR A LONG TIME. SO I HAD TO GO AHEAD AND GET ANOTHER CONTRACTOR. AND HE DID BRING ALL THE PAPERWORK DOWN AND GOT ALL THE INFORMATION.
AND HE TOLD ME HE WAS IN THE PROCESS OF PUTTING IN THE PERMIT TO RESUBMIT AND HE WAS TOLD THEY WOULD GIVE HIM THE CALL ONCE THE PERMITS ARE READY.
BUT I -- I HAVE BEEN TRYING TO GET AS MUCH AS I COULD.
IT WAS INHERITED -- I INHERITED THIS FROM MY FATHER AND I GUESS HE DIDN'T TAKE CARE OF A LOT OF THINGS AND THEN THE TENANTS DESTROYED MORE. I AM TRYING MY BEST TO GET THIS TAKEN CARE OF. AND I -- I WOULD BE HAPPY AND APPRECIATIVE IF I COULD GET AN EXTENSION SO I CAN GET THIS
COMPLETED. >>SPECIAL MAGISTRATE: HAVE PERMITS BEEN PULLED IN THIS MATTER, MISS FLOYD?
>> THE CONTRACTOR TOLD ME HE PUT IN FOR THE PERMIT.
HE IS JUST WAITING FOR THEM TO CALL HIM TO LET HIM KNOW WHEN
THEY ARE READY. >>SPECIAL MAGISTRATE: OKAY, BUT CAN'T SHE HERSELF CHECK TO SEE IF THIS CONTRACTOR PULLED A
PERMIT OR APPLIED FOR A PERMIT. >> I AM LOOKING ONLINE AND NOT ANY PERMIT APPLICATION SINCE 2018.
>> WOW. THAT IS THE PROBLEM I GOT WITH THIS. THE CASE WAS INITIATED SEPTEMBER 29, 2020. AND NOTHING HAS BEEN DONE.
>> WELL, I WENT THROUGH A SITUATION WITH THE FIRST CONTRACTOR CATCHING COVID. I DIDN'T EVEN KNOW HE WAS OUT.
I WAS TRYING TO GET IN CONTACT WITH HIM.
I COULDN'T -- I FOUND OUT THAT HE JUST GOT IN THE HOSPITAL WITH COVID. TWO WEEKS PRIOR, HE WAS BACK IN THE HOSPITAL AGAIN WITH COVID. SO THAT'S WHEN I HAD TO GO OUT AND FIND ANOTHER CONTRACTOR AND I SPOKE WITH THIS GUY TWO WEEKS AGO. HE SAID HE HAD PUT IN FOR THE
PERMIT. >>SPECIAL MAGISTRATE: MISS MOODY, YOU CAN FOLLOW UP ON YOUR CONTRACTOR YOURSELF.
YOU CAN CALL THE CITY AND SAY HAS A PERMIT BEEN PULLED FOR THIS PROPERTY. WE ARE HAVING PROBLEMS WITH A LOT OF CONTRACTORS NOT KEEPING UP WITH WHATEVER AGREEMENT THEY MADE WITH THE HOMEOWNERS AND PROPERTY OWNERS.
BUT YOU HAVE TO FOLLOW UP AS WELL.
WE UNDERSTAND A LOT OF WORK HAS NOT BEEN DONE.
A LOT OF PROCLAIMING TO BE CONTRACTORS ARE NOT LICENSED CONTRACTORS BUT YOU HAVE A RESPONSIBILITY HERE YOURSELF TO MAKE SURE THEY ARE DOING WHAT YOU PAY THEM TO DO.
>> WELL, I HAVE BEEN CALLING AND CALLING.
[00:50:05]
AND THEY SAID HE HAD COME DOWN THERE AND GOT THE PAPERWORK.AND HE SIGNED IN. AND REGISTERED WITH FORT PI PIERCE. I ASKED CAN I JUST GO AND PULL THE PERMIT? I WAS TOLD I COULDN'T.
>>SPECIAL MAGISTRATE: THAT'S CORRECT.
BECAUSE THERE ARE AREAS OF EXPERTISE THAT YOU MIGHT NOT POSSESS. BUT WHAT I AM TRYING TO SAY TO YOU IS YOU NEED TO FOLLOW UP WHOEVER YOU HIRE TO DO YOUR CONTRACT WORK TO MAKE SURE THEY ARE FOLLOWING PROPER PROTOCOL WITH THE CITY. BECAUSE WE ARE RIGHT BACK AT
SQUARE ONE HERE. >> I AM NEW TO THIS.
I AM LEARNING. >>SPECIAL MAGISTRATE: MISS MOODY-FLOYD. I AM TRYING TO HELP YOU OUT.
IGNORANCE IS NO EXCUSE, OKAY. YOU GOT TO TAKE SOME RESPONSIBLE HERE YOURSELF AND YOU CAN'T KEEP SAYING I HAD A CONTRACTOR AND DIDN'T DO THIS. YOU GOT TO FOLLOW UP WITH THESE PEOPLE. THERE ARE A LOT OF FL FLY-BY-NIGHTERS OUT THERE. PEOPLE WHO ARE CLAIMING TO BE CONTRACTORS AND THEY ARE NOT, BUT IT IS YOUR RESPONSIBILITY ULTIMATELY. SO I HAVE A CASE HERE THAT IS ALMOST A YEAR OLD AND SOME HISTORY BEYOND WHAT I KNOW, AND NOTHING HAS BEEN DONE TO CORRECT ANY OF THIS.
AND I AM CONCERNED ABOUT THAT. >> WELL, I ASKED MY HUSBAND TO COME IN AND HELP ME WITH THIS. AND WE HAVE BEEN TRYING TO PUSH -- ON TIME I AM WAITING TO GET A LOAN.
AND THE ONLY WAY TO GET THE LOAN -- THEY SAY I HAVE TO GET PAPERS STATING THAT THERE IS NO FINES ON IT IN ORDER TO GET THE LOAN AND TAKE CARE OF ALL THE PROBLEMS, BUT THE PERMITS I THOUGHT -- I THOUGHT HE WAS DOING IT BECAUSE I HAVE BEEN CALLING BACK AND FORTH FOR THE PAST MONTH TRYING TO GET THINGS SITUATED SO I CAN GET THIS STUFF TAKEN CARE OF.
>>SPECIAL MAGISTRATE: MISS MOODY, I AM TRYING TO WORK WITH YOU HERE. YOU ARE GETTING NOWHERE FAST.
NOTHING IS GETTING DONE. I JUST FINISHED A SIMILAR PROCESS A MONTH AGO. AND IT IS TIME CONSUMING BUT
YOU HAVE TO FOLLOW THE RULES. >> I AM DOING MY BEST.
BECAUSE I HAD NO IDEA THIS MAN HAD COVID.
>>SPECIAL MAGISTRATE: LISTEN, MISS -- MY CONCERN IS YOU ARE GIVING ME ONE EXCUSE AFTER THE OTHER AND I REALLY DON'T WANT TO HEAR THAT. I WANT TO HELP YOU.
>> OKAY. >>SPECIAL MAGISTRATE: YOU ARE GOING TO GET OUT THERE AND BEAT THE BUSHES -- I CAN GO BACK TO LETTING THE FINES ACCUMULATE AND YOU COME IN HERE WITH A WHOLE LOT OF MONEY THAT YOU NEED TO PAY THE CITY, AND WE
ARE TRYING TO AVOID THAT. >> I PROMISE YOU I WILL GET ON THIS AND TRY TO GET IT DONE. I HAVE BEEN -- I AM GOING TO GET IT DONE. IF I HAVE TO FIND ANOTHER CONTRACTOR I WILL. BUT WHY HE HAVEN'T DONE WHAT HE
IS SUPPOSED TO DO. >>SPECIAL MAGISTRATE: I AM TRYING TO TELL YOU, LIKE I S SAID, I AM GOING THROUGH THIS PROCESS MYSELF. YOU GOT PEOPLE THAT ARE RESPONSIBLE. AND YOU GOT TO JUST STAY ON THEM AND SAY WHAT ARE YOU DO DOING.
LET ME SEE YOUR PAPERWORK. I AM GOING TO CONTINUE THIS FOR ONLY 30 DAYS. CAN YOU GET A CONTRACTOR WITHIN
I WILL HAVE SOMEONE -- I WILL HAVE SOMETHING DONE WITHIN 30
DAYS. >>SPECIAL MAGISTRATE: ALL RIGHT. OKAY.
I WILL CONTINUE THIS FOR WHATEVER MY NEXT DOCKET 30 DAYS OR WHATEVER, ELIZABETH. MR. COSS.
>> THAT IS AGREEABLE. THANK YOU.
>>SPECIAL MAGISTRATE: ALL RIGHT.
>>SPECIAL MAGISTRATE: BETTER COME HERE WITH A CONTRACTOR.
IF NOT I AM GOING TO RULE ON THIS.
>>SPECIAL MAGISTRATE: THANK YOU.
[B. 21-372 * 2108 Orange Ave Tri-County Realty Holdings LLC Frank Remling]
>> NEXT CASE MADAM CLERK WHEN YOU ARE READY.
>> CASE 21-372, 2108 ORANGE AVENUE, TRI-COUNTY REALTY
HOLDINGS LCC IS THE OWNER. >>SPECIAL MAGISTRATE: GOOD
MORNING MR. REMLING. >> CASE NUMBER 21-372, 2108 ORANGE AVENUE, CASE INITIAL YATEED FEBRUARY 12, 2021.
OWNER IS TRI-COUNTY REALTY HOLDINGS LCC, FORT PIERCE, 3 34947. THE VIOLATION FLORIDA BUILDING
[00:55:02]
CODE 105.1 PERMIT REQUIRED. OBTAIN A PERMIT FOR THE FENCE INSTALLED WITHOUT A PERMIT. THIS CASE HAS BEEN HERE -- ITHINK THIS IS THE THIRD TIME. >>SPECIAL MAGISTRATE: ONCE THEY SHOWED UP. MR. DIFRANCESCO AND A REPRESENTATIVE. ANOTHER TIME DIDN'T SHOW UP AND I CONTINUED IT BECAUSE I WAS CONCERNED THEY WERE NOT PRE
I THINK THE PROBLEMS ARE IN THE PLANNING DEPARTMENT.
THEY ARE STILL WAITING FOR PLANNING AND THE POLICE DEPARTMENT GOT INVOLVED WITH SOMETHING OR SOMETHING LIKE
THAT. >> SPECIAL MAGISTRATE, I WILL PROVIDE CLARITY IN THAT MATTER. DURING MY CONVERSATION WITH MR. DIFRANCESCO. HE WAS LED TO BELIEVE A CONFLICT OF ORDINANCE BETWEEN THE PLANNING DEPARTMENT AND THE POLICE DEPARTMENT. THE PLANNING DEPARTMENT ORDINANCES BECAUSE THIS PROPERTY IS ON AN ARTERIOLE ROAD HAS SPECIFIC RESTRICTIONS ON CHAIN-LINK, HEIGHT, FINISH AND LANDSCAPING. MR. DIFRANCESCO ADVISED THAT THE POLICE DEPARTMENT REQUIRES CERTAIN HEIGHT RESTRICTIONS OR MINIMUM HEIGHT RESTRICTIONS ON FENCES USED FOR IMPOUND LOTS.
I HAD THE DISCUSSION WITH SENIOR PLANNER REBECCA GARRA.
SHE ADVISE IT IS NOT REALLY A CONFLICT.
THE ISSUE IS THE FENCE COULD BE HIGHER IF THE OTHER REQUIREMENTS ARE MET. SUCH AS THE CHAIN-LINK FENCE HAS TO HAVE A COATING, A BLACK COATING, IT HAS TO BE LANDSCAPED. IT HAS TO BE SO MANY FEET AWAY FROM THE EDGE OF THE ROAD. FOLLOWING YOUR LAST HEARING ON AUGUST 17, MR. DI FRANCISCO, HIS REVISION.
THAT IT WAS REJECTED AUGUST 19 REBECCA GARRA AND HER COMMENTS.
PER SECTION 125.22. SIX-FOOT FENCES COMPLY WITH ALL RELEVANT ASPECTS OF THE CODE. NOT LIMITED TO LANDSCAPING.
CHAIN-LINK FENCES ARE LOCATED NO LOWSER THAN 25 FEET TO ANY PUBLIC RIGHT-OF-WAY OR PAINTED OR COATED AND SCREENED FROM THE PUBLIC RIGHT-OF-WAY WITH SHRUBS AND NO LESS THAN ONE TREE FOR EACH 50 LINEAR FEET. SPECIAL MAGISTRATE, IT IS ANY OPINION THAT REJECTION NOTICE HAS BEEN PROVIDED.
MR. DIFRANCISCO HAD AN OPPORTUNITY TO RESPOND IN A CONVERSATION WITH MISS GARRA MONDAY, SEPTEMBER 13.
THERE HAS BEEN NO FURTHER COMMUNICATION BETWEEN HIM AND HER AND STAFF'S RECOMMENDATION TO FIND THAT THE VIOLATION
EXISTS. >>SPECIAL MAGISTRATE: LET ME MAKE -- GET THIS CLEAR. THERE IS SORT OF A CONFLICT BETWEEN THE FORT PIERCE POLICE DEPARTMENT SAID TO MR.
DIFRANCISCO. >> MR. DIFRANCISCO FEELS THAT WAY. IF THE POLICE DEPARTMENT SAYS YOU MUST HAVE A SIX OR EI EIGHT-FOOT FENCE, THE PLANNING DEPARTMENT DOESN'T OBJECT TO THAT.
THE ISSUE IS THE PLANNING DEPARTMENT HAS RESTRICTIONS OF HOW CLOSE THAT SIX-FOOT FENCE CAN BE TO ORANGE AVENUE AND CHAIN-LINK FENCE, IT HAS TO HAVE A PLASTIC COATING OR HAS TO BE PAINTED BLACK AND HAS TO HAVE LANDSCAPING.
HAVING MR. DIFRANCISCO HAVE A CONCRETE OR BLOCK FENCE, THOSE WILL BE DIFFERENT. BECAUSE THIS CHAIN-LINK FENCE WILL BE INSTALLED WITHOUT A PERMIT THAT WE ARE IN THIS
SITUATION. >>SPECIAL MAGISTRATE: OKAY.
DO YOU KNOW WHETHER OR NOT THIS HAS BEEN MADE CLEAR TO MR. DIFRANCISCO THE REJECTION NOTICE I READ INTO THE RECORD HAS BEEN SENT TO MR. DIFRANCISCO.
>>SPECIAL MAGISTRATE: IT WAS SENT WHEN?
>> AUGUST 19, WHICH IS TWO DAYS AFTER YOUR LAST HEARING.
>>SPECIAL MAGISTRATE: NO RECORD THAT MR. DIFRANCISCO CONTACTED ANYBODY ABOUT THAT LETTER?
>>SPECIAL MAGISTRATE: THAT CONCERNS ME.
STARTED FEBRUARY OR INITIATED FEBRUARY.
[01:00:01]
I AM GOING TO CONTINUE THIS UNTIL OUR NEXT MEETING.IF THEY DON'T SHOW UP THEN, I WILL JUST DEAL WITH IT.
I INDUSTRIAL CONCERNS THAT HE AND HIS MANAGER, SOMEBODY CAME WITH HIM TO ONE OF THE HEA HEARINGS.
PLEASE NOTE THAT THIS IS THE LAST CONTINUANCE.
>> THANK YOU. >>SPECIAL MAGISTRATE: THANK YOU. ALL RIGHT.
[C. 21-704 1401 N 22nd St Powell, Patricia Ed Smith]
>> 5 C, CASE 21-704, 1401 NORTH 22ND STREET, PATRICIA POWELL IS
THE OWNER. >>SPECIAL MAGISTRATE: WHEN YOU
>>SPECIAL MAGISTRATE: GOOD MORNING.
>> EDWARD SMITH, BUILDING INSPECTOR FOR THE CITY OF FORT PIERCE. WE HAVE CASE NUMBER 21-704, 1 1401 NORTH 22ND STREET. PA TRISHA POWELL IS THE OWNER, 1401 NORTH 22ND STREET, FORT PIERCE, FLORIDA, 3 495 0.
THE VIOLATION IS FBC 15.1, 2 2017.
PERMIT REQUIRED. CORRECTIVE ACTION IS TO OBTAIN A PERMIT FOR CONVERTING A SINGLE FAMILY HOME INTO A FOR LIVING UNIT. THE RECOMMENDATION IS THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FIND THAT THE VIOLATIONS EXIST. THE VIOLATOR WILL BE GIVEN 60 DAYS TO OBTAIN A PERMIT FOR REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAVE BEEN CLOSED, COMPLY WITH ALL OTHER CONDITIONS AND CURE ALL VIOLATIONS DESCRIBED IN THE ORDER, NOT REQUIRING A PERMIT OR A FINE OF $100 BE ASSESSED PER DAY. I HAVE PICTURES SHOWING THE DIFFERENT -- DIFFERENT ENT ENTRANCES INTO THE PROPERTY.
>> THEY FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW.
>> YES. >> RESPONDENT PRESENT AT THE TIME. MOVE IN AS CITY COMPOSITE 1.
LET ME JUST LABEL THEM AS 1 ON THE BACK AND I WILL HAND THEM
OVER TO THE MAGISTRATE. >>SPECIAL MAGISTRATE: WHILE YOU ARE DOING THAT. MR. SMITH.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: THIS VIOLATION OCCURRED AT 1401 NORTH 22ND STREET?
>> YES. >>SPECIAL MAGISTRATE: DOES MISS PATRICIA POWELL LIVE TH THERE?
>> NO. I BELIEVE IT IS -- IT IS A SINGLE-FAMILY HOME, BUT A RENTAL PROPERTY.
>>SPECIAL MAGISTRATE: SHE MADE FOUR UNITS OUT OF THIS?
>> YES. >> SPECIAL MAGISTRATE, THIS VIOLATION WAS SIMILAR TO MISS POWELL'S OWNERSHIP.
MISS POWELL PURCHASED THE PROPERTY KNOWING THERE WAS A
VIOLATION. >>SPECIAL MAGISTRATE: BUT WE DON'T SHOW ANY ACTION ON HER PART TO CORRECT THE PROBLEM?
>> SHE DID APPLY FOR AN INTERIOR DEMOLITION PERMIT BUT THAT PERMIT WAS REJECTED. PLANS ARE REQUIRED TO ENSURE THAT THERE IS NO LOAD-BEARING WALLS THAT ARE BEING DEMOLISHED TO CONVERT THIS BACK TO A SINGLE-FAMILY HOME.
>>SPECIAL MAGISTRATE: WHEN WAS THAT DEMOLITION REQUEST SENT TO
>> I AM NOT ABLE TO PULL THAT UP.
SHE APPLIED FOR THE PERMIT MARCH 21, 2021.
THAT REJECTION WOULD HAVE BEEN SENT OUT WITHIN A MONTH.
[01:05:07]
>>SPECIAL MAGISTRATE: NO MAIL TO HER HAS COME BACK UNRE
UNRETURNED, HAS IT? >> AND SHE -- SHE SIGNED THE CERTIFIED MAIL CARD FOR THIS HEARING.
>>SPECIAL MAGISTRATE: ANYTHING ELSE, MR. SMITH?
>> NO MA'AM. PATRICIA POWELL IS NOT PRESENT AND THERE IS NOT A REPRESENTATIVE FOR HER.
BUT YOU BASED ON THE EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTS AND SHE IS THE RESPONSIBLE PARTY.
SHE WILL BE GIVEN 60 DAYS TO OBTAIN A PERMIT OR APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST 180 DAYS UNTIL THE PERMIT HAS BEEN CLOSED, COMPLY WITH ALL OTHER PERMIT CONDITIONS AND ALL OF THE VIOLATIONS IN THE ORDER NOT PERMITTING A FINE OF $100 PER DAY. 30 DAYS TO APPEAL.
[F. 21-779 310 N 28th St Fogel, David & Malka Chris Bossano]
>> NEXT CASE IS 5 F, 21-779, 310 NORTH 28TH STREET.
DAVID AND MALKA FOGEL ARE THE OWNERS.
>>SPECIAL MAGISTRATE: OKAY, WHEN YOU ARE READY, MR.
>> MY NAME IS CRISTOBAL BOSSANO FOR THE CITY OF FORT PIECE, ADDRESS 310 NORTH 28TH STREET, CASE NUMBER 21-779.
DAVID AND MALKA FOGEL, 310 NORTH 28TH STREET.
VIOLATIONS PERMIT REQUIRED. 304.7, ROOF AND DRAINAGE.
35.3 OBTAIN PERMITS FOR INSTALLATION OF THE SECOND KITCHEN AND REPLACED ROOF THAT IS LEAKING. AND REPAIR DRYWALL DAMAGED BY THE ROOF LEAK. I WAS THERE THREE DAYS AGO IN THE AREA. I TOOK A PICTURE BEFORE BEFORE A LOT OF THINGS WERE FIXED, BUT THEY NEVER CALLED FOR INSPECTIONS AND THEY DO NOT HAVE PERMITS.
I HAVE THE PICTURE FOR THE LAST TIME.
>> DO THE PICTURES FAIRLY AND ACCURATELY DEPICT WHAT YOU SAW? YES? OKAY.
THIS TIME WE MOVE THEM IN AS CITY'S COMPOSITE 1.
>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED.
>> THOSE ARE THE SAME PHOTOS THAT ARE UP ON THE SCREEN?
>> YES. >> ARE YOU ABLE TO SCROLL THROUGH WHEN I WRITE ON THE BACK OF THESE.
THANK YOU. >> ANYTHING YOU WANT TO SAY OF
THE PHOTOS, CHRIS. >> THE ROOF AND THE PORCH WAS FIXED. IT LOOKS DIFFERENT NOW.
NOT PATCHED NO MORE. AND THE -- AFTER THAT I CANNOT SEE NOTHING INSIDE BECAUSE NOT ABLE TO GET INSIDE THE HOUSE WHEN I WAS OVER THERE TO DROP THE -- THE NOTICE FOR THE THIS.
I SAW A LOT OF THINGS DIFFERENT.
THE HOUSE. INSIDE, I DON'T KNOW IF THEY
FIX IT OR NOT. >>SPECIAL MAGISTRATE: YOU HAD NO CONTACT WITH THEM? IN THE LAST MONTH OR SO?
[01:10:27]
>>SPECIAL MAGISTRATE: DO YOU KNOW IF THEY LIVE IN THIS HO
HOUSE? >> THERE ARE PEOPLE LIVING
THERE, YES. >>SPECIAL MAGISTRATE: HAS THIS BEEN ADMITTED? ANYTHING FURTHER?
>> NO. >>SPECIAL MAGISTRATE: MR. COSS, YOU DON'T SEE WHERE A PERMIT HAS BEEN APPLIED FOR?
>> NO MA'AM, NO PERMITS HAVE BEEN APPLIED FOR.
>>SPECIAL MAGISTRATE: NO ONE HERE FOR DAVID AND MALKA FOGEL.
I FEEL THAT A VIOLATION HAS BEEN ASSESSED.
60 DAYS TO OBTAIN A PERMIT AND REQUIRED INSPECTION 180 DAYS UNTIL THE PERMIT IS CLOSED. COMPLY WITH ALL OTHER PERMIT CONDITIONS AND CURE ALL OTHER VIOLATIONS NOT REQUIRING A PERMIT OR A FINE OF $100 PER DAY BE ASSESSED.
[H. 21-861 407 Decordre Court, Unit B Lade, Wilkenson Logan Winn]
>> WE HAVE 5 H, CASE 21-861407 DECORDRE COURT.
WILKENSON LADE IS THE OWNER. >>SPECIAL MAGISTRATE: IF YOU
WERE READY, MR. WINN. >> CASE 21-861, ADDRESS 407 DECORDR E COURT UNIT B. OWNER WILKENSON LADE.
VIOLATIONS MECHANICAL EQUI EQUIPMENT, FOOD PREPARATION.
CORRECTIVE ACTION IS REPAIR AND REPLACE STOVE THAT IS NOT WORKING. I DO HAVE A PICTURE OF THE
STOVE. >> IS IT FAIRLY AND ACCURATE
DEPICTED WHAT YOU SAW? >> YES, MA'AM.
>> NOTED THE RESPONDENT, MOVE IT IN AS ONE PHOTO.
ONE. DOESN'T NEED A LABEL, SPECIAL
MAGISTRATE. >>SPECIAL MAGISTRATE: THANK YOU. IT WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >> THE TENANT TOLD ME WHEN SHE WAS THERE SHE HAD A STOVE ON-SITE SHE WAS TRYING TO GET THE LANDLORD TO INSTALL TO FIX THE PROBLEM AND THEY REFUSED TO DO IT. AND NO CONTACT FROM THE OWNER.
>>SPECIAL MAGISTRATE: ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND A VIOLATION AT 407 DECORDRE COURT UNIT B AND WILKENSON LADE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL GIVE HIM 60 DAYS TO OBTAIN A PERMIT, 180 DAYS UNTIL THE PERMIT IS CLOSED.
I DON'T KNOW IF THEY NEED A PERMIT FOR THIS STOVE, WILL THEY? SO WHAT I WILL DO IS I WILL -- I FIND THAT HE IS IN VIOLATION AND GIVE HIM 45 DAYS TO CORRECT THE PROBLEM WITH THE STOVE.
AND IF NOT, WHAT DAILY FINE ARE YOU ASKING FOR?
>> $50, SPECIAL MAGISTRATE. >>SPECIAL MAGISTRATE: 50 PER DAY WILL BE ASSESSED. 30 DAYS TO APPEAL.
>>SPECIAL MAGISTRATE: OH, O OKAY.
[8. OTHER CASES]
HOW WILL YOU NOTIFY THE PEOPLE NOT PRESENT.>> CASES REQUIREDTHIN NOTICE 162.12.
A NOTICE OF HEARING WAS SENT TO THE VIOLATORS.
IF THE GREEN CARD IS RETURNED SIGNED IT IS PLACED IN THE FILE. IF IT IS UNSIGNED AN AFFIDAVIT OF MAILING OF THE NOTICE OF HEARING AND CLOSED IS MAILED TO THE VIOLATOR. TEN DAY BEFORE THE HEARING, A NOTICE OF HEARING IS SENT REGULATING U.S. MAIL AND A AFFIDAVIT OF MAILING ATTACHED. COPIES OF ALL DOCUMENTS ARE PLACED IN THE OFFICE FILE. TEN DAYS BEFORE THE HEARING, A NVTS HEARING IS POSTED ON THE BULLETIN BOARD IN THE LOBBY OF CITY HALL. A NOTICE OF HEARING IS ALSO POSTED AT THE PART IN QUESTION WITH AN AFFIDAVIT THAT THE CERTIFICATION CARD IS NOT RETURNED TEN DAYS, POST SOMETHING COMPLETED THE SAME WAY IF THE CARD WAS RETURNED
UNCLAIMED. >> OKAY, THANK YOU.
ANY COMMENTS, CRITICISMS? >> NO MA'AM.
SPESHZ ESPECIALLY WE ARE IN ADOWNSMENT.
>>SPECIAL MAGISTRATE: WE ARE IN ADJOURNMENT
* This transcript was compiled from uncorrected Closed Captioning.