Aug 14, 2025 Special Magistrate Hearing

[1. CALL TO ORDER]

[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]

[00:00:26]

FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND

JUSTICE FOR ALL. >> REMAIN STANDING IF YOU'RE GOING TO PROVIDE TESTIMONY. RAISE YOUR RIGHT HAND PLEASE, DO YOU SWEAR OR AFFIRM THE TESTIMONY WILL PROVIDE WILL BE THE TRUTH? THANK YOU SO MUCH.

>> IF ANYBODY NEEDS THE ASSISTANCE OF INTERPRETER OR A HEARING DEVICE PLEASE LET US KNOW AND WE WILL HAVE ONE PROVIDED FOR YOU. AND SO, THIS MORNING WE HAVE THE ATTORNEY REPRESENTING THE CITY, WE HAVE SHAUN COSS FROM THE BUILDING DEPARTMENT, MISS LUNA FROM THE BUILDING DEPARTMENT AND SPECIAL MAGISTRATE CLERK MS. BECK, MY NAME IS SPECIAL MAGISTRATE JAMES MUNRO SERVING AS YOUR SPECIAL MAGISTRATE, THIS MORNING. SO, FOR YOUR BACKGROUND, JUST KNOW THAT THESE PROCEEDINGS ARE BEING RECORDED AND LIVE STREAMED. AND SO, IT IS VERY IMPORTANT FOR US TO WALK YOU THROUGH HOW THESE PROCEEDINGS WILL UNFOLD THIS MORNING. SO FOR THOSE OF YOU WHO HAVE RECEIVED A CITATION OR VIOLATION WE'RE GOING TO REFER TO YOU AS RESPONDENTS, THIS MORNING. MORE SPECIFICALLY, THE CITY IS GOING TO FIRST PRESENT ITS CASE THROUGH EVIDENCE AND EVIDENCE MAY INCLUDE TESTIMONY OF CODE ENFORCEMENT OFFICERS, INVESTIGATORS, POLICE OFFICERS OR OTHER WITNESSES, ANY EVIDENCE MAY INCLUDE PHYSICAL ITEMS SUCH AS PHOTOGRAPHS AND WE WILL REFER TO THOSE AS EXHIBITS, THE STANDARD OF PROOF IS WHETHER A VIOLATION HAS BEEN PROVEN BASED UPON COMPETENT SUBSTANTIAL EVIDENCE. YOU WILL HAVE THE OPPORTUNITY, AS A RESPONDENT TWO ANY LEGAL OBJECTIONS, CROSS EXAMINATION OF WITNESSES , IF YOU SO CHOOSE. ONCE THE CITY HAS FINISHED PRESENTING ITS CASE, THEN YOU AS THE RESPONDENT WILL HAVE THE OPPORTUNITY TO MAKE A STATEMENT, PRESENT WITNESS TESTIMONY AND PRESENT PHYSICAL EVIDENCE SUCH AS DOCUMENTS AND PHOTOS. AND THEN I AS YOUR SPECIAL MAGISTRATE WILL RENDER A FINAL RULING ON THE MATTER. I ASK EVERYONE CONDUCT THEMSELVES IN A CALM AND RESPECTFUL MANNER IN ALL TIMES DURING THESE PROCEEDINGS AND ANY COMMENTS SHOULD BE DIRECT IT TO ME AS

[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]

CASE PLEASE? >> WE HAVE HAD A COUPLE OF CASES THAT WERE EITHER COMPLIED OR RESCHEDULED AND THEY ARE AS FOLLOWS, BV 2025-00026 , 1701, SOUTH , 23RD STREET AND BV 2025-00055 , 930 SKYLARK DRIVE. FIRST CASE THIS MORNING WILL BE

[A. BV2025-00017 1518 N 25th St MS Investment Properties LLC Miles Keller]

>> GOOD MORNING.

>> RIGHT HERE, YEAH. >> GOOD MORNING. I AM MILES KELLER AN INVESTIGATOR AND INSPECTOR FOR THE CITY OF FORT PIERCE, CASE NUMBERS BV 2025-00017, 1518 NORTH 25TH STREET, MS INVESTMENT PROPERTIES LLC CASE INITIATED JANUARY 21, 2025. THE VIOLATIONS ARE IPC 304.12 , 2020 EXTERIOR HANDRAILS AND GUARDS, 304 304.13 2021 WINDOWS SKYLIGHT AND DOOR FRAMES, 30 4.1.3.2, 2021 OPENED WINDOWS. I PMC 305.3, 2021 INTERIOR SURFACES. IMPC PONDING IN GENERAL, 3603.1, 2021

[00:05:04]

I DO HAVE PHOTOS OF THE EVIDENCE .

>> MR. KELLER HAS HE HAD A CHANCE TO SEE IT?

>> I BELIEVE SO. >> YES.

>> MR. KELLER, THE PHOTOGRAPHS YOU PROVIDED ARE FROM JANUARY ARE FROM JANUARY 21 OF THIS YEAR CORRECT? AND DID YOU TAKE ALL

THE PHOTOGRAPHS? >> YES I DID.

>> DID PHOTOGRAPHS ACCURATELY DEPICT VIOLATIONS AS YOU OBSERVED THEM? AT THIS TIME THE CITY WOULD MOVE TO EVIDENCE EXHIBIT 1.

>> I WILL ADMIT TO EVIDENCE AS CITY COMPOSITE ONE.

>> MR. KELLER , HOW DID THIS COME TO YOUR ATTENTION?

>> IT CAME IN AS I BELIEVE THE TENANT LIVING THERE CALLED US TO

COME CHECK OUT THE APARTMENT. >> I KNOW THIS WAS BACK IN JANUARY, HAVE SOME THINGS COME INTO COMPLIANCE SINCE?

>> YES THEY HAVE, I WAS OUT A MONTH AND A HALF AGO AND DID A REINSPECTION AND MULTIPLE THINGS DID COMPLY BUT THERE ARE A FEW

OUTSTANDING. >> THE OUTSTANDING VIOLATIONS, THOSE ARE LISTED HERE TODAY CORRECT?

>> YES. >> IS THERE ANYBODY LIVING IN

THE PROPERTY NOW? >> I BELIEVE THERE IS.

>> I KNOW WE ARE GOING THROUGH THE PHOTOS HERE, BUT SOME OF THE VIOLATIONS THAT ARE STILL OUTSTANDING , THIS WOULD BE INSIDE THE HOUSE AND THIS IS CONCERNING MECHANICAL APPLIANCES THAT WE SEE AND THE ELECTRICAL SYSTEM HAZARDS CORRECT? WHAT

EXACTLY IS THE HAZARD? >> THE STOVE IS READING SOME TYPE OF ERROR AND NOT WORKING.

AND THEN THE FAN IS BEING HELD UP BY A PIECE OF PLYWOOD, NOT SURE IF IT IS ON A FAN GRADED BOX. CORDS HAVE BEEN REMOVED SINCE AND I BELIEVE THE WINDOW HAS BEEN REPAIRED.

AND I KNOW THERE IS AN OUTLET IN THE BATHROOM THAT WAS NOT WORKING BUT I BELIEVE IT IS NOW WORKING, NOT SURE ABOUT FILLING

OF THE TOILET. >> THAT WAS ONE OF THE

VIOLATIONS, PLUMBING GENERAL? >> YES.

>> WERE THERE ISSUES WITH WINDOWS? I KNOW THE OPENABLE WINDOWS, WINDOWS SKYLIGHT AND DOOR FRAMES WERE TWO VIOLATIONS.

[00:10:06]

>> THE WINDOW LOCKS WERE NOT FUNCTIONING PROPERLY THE LAST

TIME I WAS THERE. >> THERE IS ALSO A VIOLATION REGARDING THE EXTERIOR HANDRAILS SAYING GUARDS COME OUTSIDE?

>> YES. >> WHAT WAS THE ISSUE?

>> THEY ARE WOBBLY AND THE TOP PARTS HAVE SLID DOWN WITH NO

CAPS ON THEM. >> ANYTHING ELSE TO ADD?

>> I BELIEVE THE ONE WE SKIPPED OVER WAS THE FRONT DOOR REPLACED AND I DON'T REMEMBER THERE BEING A PERMIT THERE.

>> THAT DOES REQUIRE PERMIT? >> IF IT IS REPLACED , YES.

>> NOTHING FURTHER FROM THE CITY.

>> GOOD MORNING, SIR. WHAT IS YOUR NAME?

>> TELL ME, WHAT'S YOUR RELATIONSHIP TO THE PROPERTY?

>> I AM ONE OF THE CO-OWNERS TO THE PROPERTY.

>> THANK YOU FOR COMING DOWN TODAY , TELL ME WHAT'S GOING

ON. >> THE CALL INITIALLY WHAT I UNDERSTOOD IS ONE OF THE TENANTS HAD A GFI OUTLET IN THE BATHROOM THAT SMOKED OR SOMETHING WAS PLUGGED IN IT, WAS NOT WORKING PROPERLY AND IT SMOKED , SO THEY CALLED THE FIRE RESCUE I GUESS AND FIRE RESCUE CALLED THE CITY OR THE BUILDING DEPARTMENT TO LOOK AT THE PROPERTY. THAT WAS PRIOR TO US FINDING OUT ABOUT THE ISSUES BECAUSE WE NEVER GOT A CALL FROM THE TENANT SAYING THERE ARE ISSUES IN THE UNIT OR THIS NEEDS TO BE FIXED OR THE OVEN IS NOT WORKING. I CAN'T IMAGINE THEY LIVED THERE OVER ONE YEAR WITH THE STOVE NOT WORKING BUT IF THEY WOULD HAVE TOLD US WE WOULD HAVE TAKEN CARE OF IT. WE UNDERSTAND SOME OF THE ISSUES ARE CORRECT AND NEED TO BE RESOLVED. WE TOOK ON THE BUILDING ABOUT ONE YEAR AGO AND WE HAVE BEEN TRYING TO SLOWLY FIX THE BUILDING. IT IS A VERY OLD BUILDING. SINCE THEN , AS TENANTS MOVE OUT WE HAVE BEEN FIXING COMMUNAL PAINTING, REDOING THE UNIT TO MAKE IT OPERABLE. ONCE THESE ISSUES CAME TO US WHICH WE APPRECIATE, WE HAVE BEEN TRYING TO ACTIVELY FIX IT. THE BIG THING WE HAD IS THE RAILING , THE STAIR RAILING. WE WERE LOOKING FOR A CONTRACTOR TO DO THE WORK. WE FINALLY SECURED A CONTRACTOR A COUPLE WEEKS AGO WILLING TO DO IT WHO KNOWS HOW TO DO IT AND WE SIGNED AN AGREEMENT SO NOW WE ARE PROCEEDING WITH THE PERMIT PROCESS, THE CONTRACTOR IS FROM VERO SO HE SETTING UP HIS LICENSE IN FORT PIERCE AND THAT WAS TAKING PLACE LAST WEEK AND HOPEFULLY, WE PUT THE ORDER IN AND GET THE RAILS AND FIX THE RAILS AS THEY NEED TO BE FIXED.

AS FAR AS THE OTHER ITEMS, YES THE PLUMBING WE TOOK CARE OF, WE FIXED THE DOOR, THE WINDOWS WE FIXED BUT I HAVE ONE FRONT WINDOW TO REPLACE BUT IT IS A BIGGER WINDOW SO I ORDERED IT.

THAT IS PROBABLY MOST OF IT >> SOUNDS LIKE YOU ARE TAKING ACTIVE STEPS TO GET THIS UP TO CODE, EXCELLENT.

>> WE DON'T WANT ANY TENANT LIVING IN THERE WITH VIOLATIONS, THIS TENANT WE FIXED TO THE MINOR STUFF IN THE UNIT THAT WE CAN BUT WE WOULD RATHER NOT HAVE ANYBODY LIVE THERE. IF WE HAVE TO REMODEL IT'S EVEN BETTER IF THERE'S NOBODY LIVING THERE. WE DON'T WANT TO KICK PEOPLE OUT, TOO.

>> HOW MANY UNITS? >> FOUR TOTAL OF TWO STORES ON

THE FIRST FLOOR. >> ANYTHING FURTHER FROM THE

PARTIES? ANYTHING ELSE? >> BECAUSE I KNOW THE RAILING TIMING WHEN I TALK TO THE MANUFACTURER, IT MIGHT TAKE LONGER I WOULD LIKE TO ASK IF WE CAN GET AN EXTENSION FURTHER THAN 60 DAYS ENCASE THE RAILS DID NOT COME ON TIME AND IF I

NEED MORE TIME. >> HOW LONG ARE THEY ESTIMATING?

>> THERE TELLING ME WITHIN 45 DAYS, BUT YOU KNOW WHAT THEY SAY WHEN YOU FIRST CONTRACT THEM IS DIFFERENT BY THE TIME YOU FINISH AND THE INSTALLATION MIGHT TAKE LONGER AND A FULL INSPECTION

[00:15:04]

>> THE RECOMMENDATION IS 60 DAYS, I AM INCLINED TO GIVE 90, UNDERSTAND IF YOU NEED MORE TIME I DON'T HAVE ANY PROBLEM WITH YOU REACHING OUT TO THE BUILDING DEPARTMENT AND ASKING. ANYTHING

FURTHER? >> TO BE CLEAR 60 DAYS, THE RECOMMENDATION WAS 60 TO OBTAIN THE PERMIT NOT HAVE IT

COMPLETELY DONE. >> OKAY MISUNDERSTOOD.

>> 60 DAYS TO OBTAIN A PERMIT AND OBTAIN APPROVAL FOR REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT IS CLOSED.

THAT IS USUALLY THE CITY RECOMMENDATION.

>> THANK YOU. ALL RIGHT, SO IT IS THIS COURT FINDING THAT VIOLATION DOES EXIST, THE VIOLATOR WILL BE GIVEN 90 DAYS TO OBTAIN A PERMIT, OBTAIN APPROVAL FOR ALL REQUIRED INSPECTIONS AT LEAST EVERY 180 DAYS UNTIL THE PERMIT IS CLOSED, COMPLY WITH ALL OTHER CONDITIONS SO FAR THEY HAVE NOT BEEN COMPLIED WITH AND CURE ALL OTHER VIOLATIONS DESCRIBED IN THE ORDER NOT REQUIRING PERMIT OR FINE OF $100 PER DAY WILL BE ASSESSED, YOU WILL HAVE 30 DAYS TO APPEAL IF YOU SO CHOOSE.

THANK YOU FOR TAKING STEPS TO GET THIS CORRECTED AND FOR

[C. 24-1277 719 S 24th St Gonzalez, Claudia Shaun Coss]

COMING DOWN. >> THANK YOU.

>> HAVE A GOOD ONE. NEXT CASE PLEASE.

>> OKAY THE NEXT CASE IS SEVEN C AND THE RESPONDENT WAS NOT HERE FOR SWEARING IN. 24-1277, 719 SOUTH 24TH STREET, CLAUDIA GONZALEZ IS THE OWNER AND I WILL HAVE TO SWEAR YOU WIN.

JUST COME TO THE PODIUM AND RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU PROVIDE WILL BE THE TRUTH?

>> GOOD MORNING CASE 24-127747 19 SOUTH 24TH STREET PROPERTY OWNED BY CLAUDIA GONZALEZ. TODAY FOR ERIC -- AN EXTENSION OF TIME ORDER DETERMINING VIOLATION DECEMBER 12, 2024 WITH AFFIDAVIT OF NONCOMPLIANCE STARTING FINES RECORDING FEBRUARY 24, 2025 ORDER APPROVING THIS ONE REQUEST FOR EXTENSION TIME OF 90 DAYS WAS GRANTED APRIL 20 TIME OF 90 DAYS WAS GRANTED APRIL 20, 2025, PRIOR TO EXPIRATION OF THAT EXTENSION THE OWNER DID COME INTO THE OFFICE AND SPEAK WITH ME ON JULY 7 AND ADDITIONALLY SENT EMAIL JULY 8 REQUESTING ADDITIONAL TIME, SHE INDICATED AT THE TIME THE ARCHITECT WAS TAKING A LONG TIME AND THE SURVEY HAD JUST COME IN SO PRIOR TO MAKING RECOMMENDATION I WOULD LIKE TO HEAR AN UPDATE FROM MS. GONZALEZ.

>> GOOD MORNING, HOW ARE YOU? THANK YOU FOR COMING DOWN TELL

ME WHAT'S GOING ON. >> SO, LIKE HE SAID THAT IS TRUE SO WORKING WITH THE ARCHITECT ALREADY AND I DID SURVEY AND THE ONLY THING I DON'T UNDERSTAND AND IT'S NOT GOOD FOR ME SO HOW CAN I FIX THE AC IF EACH WINDOW UNIT HAS A AC WINDOW THIS DOES

NOT MAKE SENSE AT ALL. >> WE HAVE DISCUSSE THE ISSUE PREVIOUSLY. AGAIN, THE STRUCTURE IS REQUIRED TO HAVE A HARDWIRED HEAT SOURCE PER THE FLORIDA BUILDING CODE AND THE PROPERTY MAINTENANCE CODE. THAT IS A DESIGN QUESTION YOU CAN ASK YOUR ARCHITECT. HE CAN ALSO GET IN TOUCH WITH A MECHANICAL CONTRACTOR OR MECHANICAL ENGINEER TO PROVIDE GUIDANCE BUT THAT IS A REQUIREMENT, THAT YOU PROVIDE HEAT IN THE STRUCTURE SO THAT WILL BE REQUIRED AS PART OF THE PERMITTING PROCESS.

>> OKAY I THINK THIS DOESN'T MAKE SENSE. AC AND CENTRAL AC .

I CHECK AROUND ALL BUILDINGS AND THE ONLY THING THEY HAVE IS THE

AC UNITS. >> IF THE BUILDING WAS CONSTRUCTED PRIOR TO WHEN THE REQUIREMENTS WENT INTO PLACE WITHOUT THE HEAT THEN IT IS NOT REQUIRED BUT THAT THE BUILDING HAD HEAT AT ONE TIME OR WAS CONSTRUCTED AFTER THE

[00:20:01]

PERMIT? >> I DON'T KNOW, HE SAID HE IS IN THE PROCESS AND I DON'T KNOW ANYTHING ABOUT THIS. HE SAID IT IS IN THE PROCESS AND WE HAVE TO WAIT UNTIL WE FINISH SO AND I HAVE THIS AND I DON'T KNOW WHAT ELSE I NEED TO DO.

>> HE DID NOT PROVIDE ANY INDICATION IF IT WOULD BE

ANOTHER MONTH OR TWO WEEKS? >> HE DID NOT SAY ANYTHING, THE ONLY THING HE SAID IS IT'S IN PROCESS. IF YOU WANT TO CHECK IT OUT I DON'T KNOW WHAT DO YOU WANT ME TO DO?

>> STAFF RECOMMENDATION IS THAT WE PROVIDE 60 DAY EXTENSION.

>> I HAVE THE MOST YOU CAN GIVE UNTIL THEY FINISH? IT'S NOT ME

IT'S THEM. >> IF YOU CAME TODAY PREPARED WITH AN ESTIMATE OF HOW MUCH TIME YOU ARE REQUESTING HOW MUCH TIME THEY NEED I WOULD BE HAPPY TO ENTERTAIN THAT, BUT I CANNOT JUST PROVIDE AN OPEN ENDED EXTENSION.

>> DO YOU HAVE THE MOST YOU CAN GIVE TO ME? I PROVE ALREADY IT IS WORKING AND I FOLLOW WHAT THE CITY SAYS. HE DOES NOT SAY

ANYTHING ABOUT THE DATES. >> HOW LONG HAS HE BEEN WORKING

ON THIS? >> HE IS NOT, I DON'T KNOW I DON'T REMEMBER MAYBE 1 1/2 OR TWO MONTHS AS I HAVE ANOTHER ARCHITECT BUT HE TOOK MY MONEY AND NEVER DID NOTHING SO I HAD TO SWITCH FOR ANOTHER ONE. SO I LOST MONEY BECAUSE HE IS SUPPOSED TO DO IT AND HE DID NOT DO IT. AND I HAD ANOTHER ONE AND HE IS WORKING I KNOW HE IS WORKING BECAUSE I HAVE IS PAPER AND THE OTHER ONE DID NOT GIVE ME NOTHING, THEY NEVER ANSWERED THE PHONE CALLS NOTHING. THAT'S WHY I WASTE A LOT OF TIME AND I PAY HIM BUT NOBODY ANSWERED. I DON'T KNOW WHAT HAPPENED.

>> I'M SORRY TO HEAR THAT, THAT'S FRUSTRATING.

>> MORE MONEY. I TALKED WITH HIM, HE GAVE ME THE CALL AND HE GAVE ME THIS PAPER AND I KNOW HE IS WORKING. THE FIRST ONE HE DISAPPEARED, HE TOOK MY MONEY AND DISAPPEARED.

>> VERY SORRY TO HEAR THAT. ANYTHING FURTHER? ANYTHING FURTHER FOR ME THAT YOU WANT TO BRING TO MY ATTENTION?

>> THE ONLY THING I NEED LIKE I TOLD YOU MORE TIME AND I THINK EVERYTHING IS OKAY BECAUSE NOBODY COMPLAINED THEY HAVE WATER, AC AND NOBODY IS COMPLAINING.

>> UNDERSTOOD. >> NOTHING LIKE A DANGER OR SOMETHING LIKE THAT. NOBODY COMPLAINED OR CALLED ME. I ASSUME EVERYTHING IS OKAY AND I CHECKED, THE AC IS WORKING, THE WATER IS WORKING SO EVERYTHING IS WORKING.

>> EXCELLENT, EXCELLENT, THANK YOU. I AM INCLINED TO TAKE STAFF RECOMMENDATION, I WILL GRANT A 60 DAY EXTENSION. MS. GONZALEZ I WOULD ENCOURAGE YOU OR I WOULD INVITE YOU TO SHARE THIS ORDER WITH YOUR ARCHITECT AND SHARE HOW IMPORTANT IT IS FOR THEM TO GET ON THIS AND GET THIS COMPLETED. ANYTHING FURTHER?

>> NO SIR, THANK YOU. >> THANK YOU FOR COMING DOWN.

>> EXTENSION 60 DAYS. >> AND THEN ANOTHER 60 DAYS? THAT IS IT FOR TODAY? THIS WEEKEND I HAD A PAPER .

>> YOU WILL GET AN ORDER IN THE MAIL FOR THE EXTENSION.

[A. 22-326 2650 S Kings Hwy Ft Pierce So Kings Hwy LLC Shaun Coss]

>> THANK YOU SO MUCH. >> HAVE A GOOD ONE.

>> NEXT CASE PLEASE. >> OKAY THE NEXT CASE IS SEVEN A, CASE 22-326, 2650 SOUTH KINGS HIGHWAY FORT PIERCE, SOUTH KINGS HIGHWAY LLC IS THE OWNER AND RESPONDENT WAS NOT HERE FOR SWEARING IN SO I WILL HAVE TO SWEAR HIM IN AS WELL.

PLEASE RAISE YOUR RIGHT HAND DO YOU SWEAR OR AFFIRM TESTIMONY YOU PROVIDE WILL BE THE TRUTH? THANK YOU.

>> GOOD MORNING. HOW ARE YOU? >> GOOD.

>> EXCELLENT. EXCELLENT. >> CASE 22-326 , 2650 SOUTH

[00:25:04]

THERE WAS A AFFIDAVIT OF NONCOMPLIANCE STARTING FINES ON NOVEMBER 21, ON NOVEMBER 21, 2023. NOVEMBER 28 WE RECEIVED AN EMAIL CONTESTING FINES, THE PERMIT WAS ISSUED DECEMBER 6 THE PERMIT WAS ISSUED DECEMBER 6, 2023 SO JANUARY 11, 2024 , THIS DID COME BEFORE SPECIAL MAGISTRATE AND THE FINES WERE STAYED TO ALLOW THE PERMITTING PROCESS TO COMPLETE WITH THE STIPULATION THAT FINES WOULD RESUME IF THE PERMIT WERE TO EXPIRE. THE PERMIT DID EXPIRE MAY 6, 2025 AND THE FINES RESUMED PER THE SPECIAL MAGISTRATE ORDER. THIS IS BACK TODAY FOR THE MASSEY HEARING AND EXTENSION OF TIME, THE PERMIT HAS SINCE BEEN RENEWED SO IT IS STAFF RECOMMENDATION WE STAY THE ACCRUAL OF THE FINES UNTIL THE PERMITTING PROCESS IS COMPLETE HOWEVER IF THE PERMIT WERE TO EXPIRE AGAIN THE FINES WOULD BEGIN TO RESUME.

>> YOUR NAME? >> MARK WHAT'S YOUR RELATIONSHIP TO THE PROPERTY?

>> I'M THE PROJECT MANAGER FOR THE GENERAL CONTRACTOR. THE

OWNER'S REPRESENTATIVE AS WELL. >> EXCELLENT, THANK YOU FOR COMING DOWN TELL ME WHAT'S GOING ON.

>> A LITTLE BIT OF A HISTORY SO WE HAD SUBMITTED TO PLANNING AND DEVELOPMENT TO DEVELOP THE SITE A BIT OF A LARGER PROJECT DURING THAT PROCESS BECAUSE THE FRONT OF THE BUILDING WAS REALLY TORN UP WE APPLIED FOR PAVEMENT PERMIT PERMIT. WE WERE HAVING A PROBLEM SCHEDULING CONTRACTOR TO DO THE PAVING WORK, HE CALLED UP TO THE NEW JERSEY OFFICE AND SAID WE HAD AN OPENING AND HE WENT AND PAVED IT WHICH I WAS NOT AWARE OF, WHEN TERRY FROM ENGINEERING CAME OUT TO WALK THE JOB TO ISSUE THE PERMIT SHE CALLED ME AND SAID THE WORK IS DONE. I'M SORRY.

WHICH WAS A SURPRISE TO ALL OF US SO WE GOT THE DENSITY TEST AND ELEVATION TO CLOSE THE PERMIT AND SHE SAID LOOK SINCE YOU HAVE THE DEVELOPMENT PROJECT GOING ON AND YOU WILL CHANGE THAT AREA LET'S HOLD ONTO THE PERMIT AND WHEN WE CLOSE OUT THE DEVELOPMENT PERMIT THEN WE CAN RESOLVE THE PAVEMENT PERMIT BECAUSE THE WHOLE AREA WE PAVED WAS GOING TO BE RIPPED UP SO DURING THE COURSE OF THE PROJECT, I WAS NOT AWARE THE PERMIT WAS RUNNING OUT. WE WERE DOING WORK TYING IN THE UTILITIES TO D.O.T. AND SOUTH FLORIDA WATER MANAGEMENT SO WE DID NOT HAVE AN INSPECTION FROM THE CITY. IF I WAS AWARE I COULD'VE CALLED FOR A JOB CHECK INSPECTION AND THAT WOULD'VE RENEWED THE PERMIT BUT SINCE I DID NOT CALL WE WERE STILL ON THE JOB WORKING , FROM THE CITY THE PERMIT EXPIRED SO WHEN THEY CALLED WE IMMEDIATELY RENEWED AND WE ARE STILL WORKING ON THE PROJECT SO IT WAS AN ADMINISTRATIVE THING. THE SHAME OF IT WAS TWO THINGS. ONE, I HAD TO REPAY ALL THE PERMIT FEES, NOW I HAVE WHICH WOULD HAVE NEVER HAPPENED IF I CALLED A JOB CHECK INSPECTION WHICH I WAS NOT AWARE OF SO IT'S A BIT

OF A MESS UP. >> UNDERSTOOD, THANK YOU MR. DOAN FOR BRINGING ME UP TO SPEED. ANYTHING FROM THE CITY?

>> NOTHING FURTHER. >> I WILL GRANT ANOTHER EXTENSION OF 60 DAYS. I WILL TAKE STAFF RECOMMENDATION IF THE PERMIT EXPIRES FEES WILL START ACCRUING AGAIN.

>> IF I CAN ADD OR INTERJECT, 60 DAYS THE JOB WILL NOT BE COMPLETED, WE HAD ANOTHER ISSUE FROM THE ARCHITECT WE ARE MODIFYING THE FRONT WITH WORK TO DO THERE'S A LOT OF WORK PROBABLY SIX MONTHS BEFORE EVERYTHING GETS DONE. I DON'T KNOW WHAT THAT DOES IN 60 DAYS THE PERMIT WILL BE ONE YEAR BEFORE IT EXPIRES AND I WILL CALL INSPECTIONS AND BE DONE WITH D.O.T. BECAUSE IT IS A ONGOING DEVELOPMENT.

>> ANY COMMENT? >> PERMITS ARE VALID 180 DAYS.

SURE YOU HAVE INSPECTION WITHIN 180 DAYS.

>> WHAT HAPPENS WITH MY 60 DAYS HERE? WITH A 60 DAY EXTENSION?

>> 60 DAYS WOULD BE FOR YOU TO OBTAIN THE PERMIT.

[00:30:01]

>> THE PERMIT HAS BEEN RENEWED SO AT THIS POINT WE CAN STAY THE ACCRUAL OF FINES UNLESS THE PERMIT EXPIRES.

>> UNDERSTOOD, THANK YOU FOR CLARIFYING. DOES THAT MAKE

BETTER SENSE? >> IT DOES, THE OTHER QUESTION, FINES THAT WERE ASSESSED I PAID THOUSANDS TO RENEW THE PERMIT BECAUSE IT WAS MY MISTAKE NOT CALLING INSPECTION OF THE FINES CAN BE WAIVED BECAUSE WE HAVE BEEN INVESTED IN THE JOB FOR TWO YEARS AND I HAVE TO PAY PERMIT FEES AGAIN BECAUSE I DID NOT

MAKE A PHONE CALL? >> WHEN THIS IS CONCLUDED I DON'T MIND HAVING ANOTHER HEARING FOR THAT TO DISCUSS THAT SPECIFICALLY, BUT FOR NOW UNTIL ISSUES ARE RESOLVED I DON'T THINK IT IS RIGHT FOR US TO DEAL WITH THAT.

>> MAKES SENSE. DOES ANYONE KNOW THE AMOUNT? BY CHANCE? I CAN

FIND IT. >> THE ADDITIONAL FINES $8840, THOSE WERE IN JANUARY SO WHEN THE FINES RESUMED ON MAY 6 THROUGH TODAY THEY WOULD PROBABLY BE THE SAME.

>> OKAY, THANK YOU. >> ANYTHING FURTHER? THANK YOU.

SO YES, 60 DAY EXTENSION SO, THANK YOU.

[D. BV2024-00029 1401 Avenue M Butler, Carolyn Shaun Coss ]

>> NEXT CASE PLEASE.

>> THE NEXT CASE IS SEVEN D , BV 2024- 00029, 1401 AVENUE M , CAROLYN BUTLER IS THE OWNER.

>> GOOD MORNING. >> GOOD MORNING CASE BV 2024- 00029, 1401 AVENUE M , HERE FOR EXTENSION OF TIME PROPERTY OWNED BY CAROLYN BUTLER OF PO BOX 1803 FORT PIERCE, FLORIDA. THIS MATTER CAME BEFORE SPECIAL MAGISTRATE JANUARY 10, 2025 DETERMINING VIOLATION. 90 DAY EXTENSION OF TIME MARCH 31, 2025 AND PRIOR TO THAT TIME EXPIRING THE OWNER HAS REQUESTED EXTENSION OF TIME. PRIOR TO MAKING A RECOMMENDATION I WOULD LIKE TO HEAR AN UPDATE FROM MISS BUTLER.

>> THANK YOU. I HAD TO GET A DIFFERENT CONTRACT BECAUSE THIS ONE IS NOT MOVING FAST , THE BALL WAS NOT REALLY SO, AUGUST 5 I GOT A NEW CONTRACTOR SO THEY ARE REALLY WORKING AND THEY SUBMITTED FOR THE PERMIT YESTERDAY I THINK IT WAS AND I HAVE GIVEN THEM A PARTIAL PAYMENT AND I PAID AN ENGINEER WHO HAD TO COME IN AND DO A DRAWING OVER $1000 TO PAY HIM SO I AM PAYING EVERYTHING MYSELF RIGHT NOW, BUT THEY ARE WORKING AND I'M ASKING FOR AN EXTENSION TIME. THEY DID SUBMIT AND THEY

ARE HELPING ME. >> EXCELLENT. GLAD TO HEAR THAT THERE IS MOVEMENT BEING MADE, I'M SORRY THE LAST ONE WAS DRAGGING THEIR FEET. DID YOU NEED ANYTHING ELSE FROM MISS

BUTLER? >> I CAN CONFIRM THE PERMIT WAS JUST APPLIED FOR , I BELIEVE 60 DAYS WOULD BE SUFFICIENT TO GET IT THROUGH THE PERMITTING PROCESS. RECOMMENDATION IS TO

PROVIDE EXTENSION OF 60 DAYS. >> MISS BUTLER ANYTHING ELSE YOU WANT TO BRING TO MY ATTENTION? IS THERE ANYTHING ELSE YOU WANT

TO BRING TO MY ATTENTION? >> IS IT SHOWING IN MY CASE FILE THAT THEY DID REQUEST THE PERMIT ALREADY?

>> YES. >> OKAY GOOD. I'M GOING TO GO I WILL TAKE STAFF RECOMMENDATION AND PROVIDE 60 DAY EXTENSION OF TIME. YOU SHOULD BE RECEIVING AN ORDER IN THE MAIL. THANK YOU FOR

COMING DOWN. >> THANK YOU EVERYBODY.

[A. 21-665 1215 Boston Ave National Debt Relief Services Inc. Shaun Coss ]

EVERYBODY HAVE A NICE DAY. >> YOU AS WELL, DRIVE SAFE. NEXT CASE PLEASE.

>> OKAY, THE NEXT CASE . EIGHT 8A, CASE 21-665 , 1215 BOSTON AVENUE NATIONAL DEBT RELIEF SERVICES IS THE OWNER.

[00:35:13]

>> GOOD MORNING. >> CASE 21-665 NATIONAL DEBT RELIEF SERVICES OF 12856 SOUTHWEST 31ST COURT IN BROOKE PINES 33027 HERE TODAY FOR A LEAN REDUCTION ORDER DETERMINING VIOLATION OCTOBER 20 OCTOBER 20, 2021 EXTENSION OF TIME PROVIDED THIRD, 2022. AFFIDAVIT OF NONCOMPLIANCE STARTING FINES MAY 9 STARTING FINES MAY 9, 2022 WITH ORDER DENYING RESPONDENT REQUEST FOR EXTENSION OF TIME MARCH 22, 2023. AMENDED ORDER GRANTING RESPONDENT REQUEST FOR EXTENSION APRIL 3, 2023. ORDER ASSESSING FINE OPPOSING LIEN RECORDED MAY 17, 2023 WITH AFFIDAVIT OF COMPLIANCE STOPPING THE FINES RECORDED MAY 20, 2025.

FIVE CRITERIA TO CONSIDER IN THE REDUCTION ONE, WHETHER THE REQUESTED PARTY IS RESPONSIBLE FOR THE VIOLATION THAT RESULTED IN THE LIEN, YES NUMBER TWO. WHETHER THE REQUESTING PARTY IS ESTABLISHING THE EXISTENCE OF EXTENUATING CIRCUMSTANCES PREVENTING TIMELY COMPLIANCE AND/OR ANY EXTENUATING CIRCUMSTANCE THAT SUPPORT , ADMINISTRATIVE AMOUNTS THAT IS TO BE DETERMINED BY SPECIAL MAGISTRATE. NUMBER THREE, WHETHER CURRENT CODE ENFORCEMENT ACTION ON THE PROPERTY OR ANY OF THE PROPERTY UNDER COMMON OWNERSHIP WITH FIVE CASES, NUMBER FOUR THE TYPE OF NUMBER AND LEAN REDUCTION IS GRANTED FOR THE PROPERTY OR ANY OTHER UNDER COMMON OWNERSHIP IN THE PAST 24 MONTHS, THERE WERE NONE. NUMBER FIVE WITH A GRANTING REDUCTION IS IN THE BEST INTEREST OF THE CITY THAT IS TO BE DETERMINED BY SPECIAL MAGISTRATE. STAFF HAS CALCULATED ADMINISTRATIVE COST IN THE CASE TO BE $1952.95. THE RESPONDENT IN THE REQUEST DID NOT PROVIDE ANY AMOUNTS THEY WERE OFFERING FOR THE REDUCTION AND THE RESPONSE DATED PROPERTY HAS BEEN BROUGHT TO COMPLAINTS THEY ARE NOW ABLE TO PROVIDE HOUSING TO THE NEW AND OLD RESIDENCE OF THE CITY , MY FAMILY AND I APPRECIATE WORKING WITH THE CITY OF FORT PIERCE EMPLOYEES, GRATEFUL FOR THE OPPORTUNITY TO REDUCE THE AMOUNT ON THE LIEN.

IN ACCORDANCE WITH THE RULES OF PROCEDURE STAFF RECOMMENDATION IS TO REDUCE THE AMOUNT OF THE LIEN TO THE ADMINISTERED OF COST OF $1952.95 WHICH INCLUDES $250 APPLICATION FEE.

>> GOOD MORNING. WHAT IS YOUR NAME?

>> KATRINA SIMMONS. >> WHAT'S YOUR RELATIONSHIP TO

THE PROPERTY? >> PROPERTY MANAGER.

>> EXCELLENT, THANK YOU FOR COMING DOWN THIS MORNING.

OBVIOUSLY YOU HAVE REQUESTED OR THE OWNER HAS REQUESTED A FINE REDUCTION. TELL ME MORE ABOUT THIS REQUEST AND TO WHAT NUMBER ARE YOU ASKING IT TO BE REDUCED?

>> ASKING TO BE REDUCED TO THE ADMINISTRATIVE COST.

>> EXCELLENT, EXCELLENT. ANYTHING FURTHER FROM EITHER

PARTY? >> NO SIR, NO SIR THANK YOU.

>> IN THAT CASE I AM GRANTING THE REQUEST FOR A REDUCTION DOWN TO THE ADMINISTRATIVE COST OF $1952.95. MISS SIMMONS HOW LONG ARE YOU THINKING THE PROPERTY OWNER NEEDS TO MAKE THAT

PAYMENT? >> I DON'T KNOW CAN WE GIVE HIM

30 OR 60 DAYS? >> I CAN GIVE 30 DAYS. I WILL ALLOW IT TO BE PAID IN 30 DAYS WITH THE UNDERSTANDING IF IT IS NOT PAID IN 30 DAYS THE ORIGINAL AMOUNT COMES BACK IN FULL. ANY

QUESTIONS? >> NO SIR.

>> ANYTHING FURTHER? THANK YOU FOR COMING DOWN.

>> THANK YOU.

>> NEXT CASE PLEASE.

[A. 17-894 2504 Ave G New Covenant Prayer Center Shaun Coss]

>> OKAY THE NEXT CASE IS 9A, CASE 17- 894, 2405 AVENUE G, NEW COVENANT PRAYER CENTER IS THE OWNER.

[00:40:21]

>> GOOD MORNING BISHOP. HOW ARE YOU, SIR? EXCELLENT, EXCELLENT.

>> 17-894 ON 24 17-894 ON 2404 AVENUE G OWNED BY NEW COVENANT PRAYER CENTER HERE TODAY FOR EXTENSION OF TIME. COMING BEFORE THE SPECIAL MAGISTRATE JULY 20, 20 18TH ORDER DETERMINING VIOLATION WITH A 90 DAY EXTENSION OF TIME GRANTED ON NOVEMBER 9, 20 18TH AND AGAIN FEBRUARY 20, 2019. AFFIDAVIT OF NONCOMPLIANCE STARTING FINES MAY 22, 2019 AND AT THE TIME PERMITS WERE ISSUED SO THE FINES WERE STOPPED OVER WHEN THE PERMITS EXPIRED THE FINES DID NOT RESUME AS THEY SHOULD HAVE DUE TO STAFF ERROR, STAFF DID NOTICE THE ERROR JANUARY OF THIS YEAR AND THERE WAS AFFIDAVIT OF NONCOMPLIANCE RESTARTING THE FINES RECORDED JANUARY 22, 2025, THIS MATTER CAME BACK BEFORE SPECIAL MAGISTRATE FEBRUARY 14, 2020 590 DAY EXTENSION OF TIME GRANTED. AS OF TODAY THE ROOF PERMIT HAS BEEN RENEWED AND , THE NEW PERMIT FOR SOFFIT REPAIR AND PLUMBING REPAIRS HAS BEEN ISSUED. AT THIS TIME STAFF RECOMMENDATION IS WE STAY THE ACCRUAL OF THE FINES UNTIL THE PERMITS HAVE BEEN BROUGHT TO CLOSURE HOWEVER IF THE PERMITS WERE TO EXPIRE THE FINES WOULD RESUME AGAIN.

>> BISHOP FISHER TELL ME, WHAT'S GOING ON HERE, TELL ME MORE. GIVE ME YOUR SITE OF THE STORY.

>> SO FAR WE TALKED TO THE CONTRACTOR A COUPLE DAYS AGO. I JUST COMPLETED 28 WEEKS FOR CANCER, PROSTATE AND IT HAS TAKEN ITS TOLL ON ME SO ANYWAY, THE CONTRACT SAYS EVERYTHING WILL PRETTY MUCH BE FINISHED AND AS FAR AS GETTING BACK WITH THE CITY, TO LET YOU GUYS KNOW, I DON'T KNOW WHERE WE ARE AT ON THAT DEAL. THEY TOLD US BECAUSE I WENT TO THE CHURCH AND I SAW THE CONTRACTOR HAD THE ACCRUAL SO THEY TOLD ME THEY HAD THE ENGINEERING AND ALL THAT KIND OF STUFF AND THEY WERE GETTING THAT COMPLETED. BUT I THOUGHT HE WOULD HAVE BEEN HERE TODAY, BUT HE TOLD US THEY SENT PAPERWORK AND PICTURES BEING DONE SO I DON'T KNOW IF YOU GUYS GOT IT OR WHAT THE DEAL IS ON THAT AS OF YET. SO I WOULD CALL BACK AND SEE WHERE WE ARE AT AND MAYBE WE

GO FROM THERE. >> IS THIS MRS. FISHER WITH YOU?

GOOD MORNING MA'AM HOW ARE YOU? >> I'M BLESSED.

>> ANYTHING YOU WANT TO ADD TO THAT?

>> NO , HE SAID EVERYTHING. THEY FINISHED EVERYTHING. I MEAN, THE PAPERWORK FOR THE PERMIT AND ALL THAT STUFF AND WE PAID FOR EVERYTHING. WE ARE SUPPOSED TO HAVE A GUY COME BY TO SPEAK FOR US AND BRING THE PAPERWORK AND ALL THAT BUT HE DID NOT SHOW UP.

>> UNDERSTOOD, IS THIS THE SAME CONTRACTOR YOU BROUGHT LAST TIME

YOU WERE HERE? >> YES.

>> OKAY EXCELLENT, THANK YOU. WAS THERE A SPECIFIC DAY OR MEN OF TIME STAFF WAS RECOMMENDING?

>> NO SIR JUST UNTIL PERMITS WERE CLOSED UNLESS THEY WERE TO EXPIRE THE CONTRACTOR NEEDS TO CALL REQUIRED INSPECTIONS FOR BOTH PERMITS TO CLOSE OUT THE PERMITS.

>> WELL, THANKS FOR COMING DOWN I AM INCLINED TO TAKE STAFF RECOMMENDATION AND YOU WILL FIND THAT IN THE ORDER, WE WILL MAIL IT OUT TO YOU. THANK YOU FOR MAKING MOVEMENT ON THIS BECAUSE I REMEMBER SEEING YOU HERE BEFORE SO I'M VERY GLAD TO SEE MOVEMENT BEING MADE EXCELLENT AND I HOPE YOU ARE WELL.

[00:45:04]

>> IT HAS BEEN A ROUGH JOURNEY. MAKE SURE YOU HAVE THAT CHECKED AS OFTEN AS HE POSSIBLY CAN. IT IS A SILENT KILLER AND I TELL , FOR FIVE DOCTORS ALL OF THEM TELLING ME THE SAME THING AND THIS IS PROSTATE ONE NIGHT GOD CAME TO ME AND TOLD ME HE SAID YOU NEED TO GO SEE THE DOCTOR. DO NOT EVEN KNOW AND I WENT ONLINE AND I SAID OKAY AND I CALLED HIM AND I MADE THE APPOINTMENT AND HE CONFIRMED IT WAS PROSTATE CANCER. HAVING A BACK INJURY LAYING ON A HARD SURFACE SO NOW I AM AT THE STAGE NOW , I DON'T KNOW THE STATUS UNTIL I GO BACK TO SEE MY DOCTOR NEXT WEEK SOMETIME. AND I JUST DID A PSA TEST AND THIS IS SOMETHING YOU DON'T WANT TO GET. SO, MEN TAKE CARE OF YOURSELF.

>> THANK YOU FOR COMING DOWN TODAY, BOTH OF YOU BISHOP FISHER AND MRS. FISHER AND I CERTAINLY WISH YOU THE BEST.

>> ANYTHING ELSE WE NEED TO DO?

>> IF YOU CAN FOLLOW UP WITH A CONTRACTOR AND BE SURE THEY CALL FOR THOSE INSPECTIONS, IF THEY DO NOT THAN THE PERMITS WILL EXPIRE WHEN THE 180 DAYS IS UP SO JUST FOLLOW UP WITH HIM.

>> AS QUICK AS WE GET HOME TODAY WE WILL CALL AND MAKE SURE HE GETS A HOLD OF YOU GUYS AND WE WILL GET BACK WITH YOU GUYS TO MAKE SURE IT HAS BEEN DONE. THANK GOD FOR YOUR PATIENCE.

>> ABSOLUTELY, THANK YOU FOR COMING DOWN.

>> MAGISTRATE FOR THE ORDER PURPOSES WAS THERE AN EXTENSION

PERIOD OF TIME PROVIDED? >> JUST UNTIL THE PERMIT WHAT WAS IT AGAIN? CAN YOU REPEAT THAT?

>> THE EXTENSION IS TO ALLOW THE CLOSURE OF THE PERMITS, BUT IF THEY WERE TO EXPIRE FINES WOULD RESUME.

>> I HAVE THE PERMIT. DO I NEED TO BRING IT DOWN?

>> WE HAVE RECORD OF THE PERMIT. TO CLOSE OUT THE PERMIT THEY NEED TO HAVE IMPROVED INSPECTIONS SO THEY NEED TO SCHEDULE INSPECTIONS, INSPECTIONS NEED TO BE APPROVED BY STAFF FOR THE PERMITS TO CLOSE WHICH WILL COMPLY THE

CASE. >> OKAY THANK YOU HAVE A GOOD

[B. 19-3145 4060 Selvitz Road Johnson, Bobby & Wanda Shaun Coss]

DAY. >> YOU AS WELL.

>> OKAY THE NEXT CASE IS NINE B CASE 19-3145, 4060 SELTIVZ ROAD, BOBBY AND WANDA JOHNSON ARE THE OWNERS.

>> GOOD MORNING. >> GOOD MORNING.

>> CASE 19-3145, 4060 SELTIVZ ROAD PROPERTY OWNED BY BOBBY AND WANDA JOHNSON OF 4767 SUFFIX ROAD. CASE IS HERE TODAY FOR STATUS HEARING WITH THE ORDER DETERMINING VIOLATION APRIL 21, 2021. THERE WAS EXTENSION OF TIME PROVIDED OCTOBER 18, 2021.

AFFIDAVIT OF NONCOMPLIANCE STARTED FINES RECORDED JANUARY 20, 2022. ORDER APPROVING RESPONDENT'S REQUEST FOR EXTENSION AND TIME OF ONE YEAR GRANTED APRIL 19, 2022. WHEN THE TIME EXPIRED, FINES BEGAN ON MAY 11, 2023 AND THERE WAS A MASSEY HEARING JULY 18, 2023 PROVIDING ADDITIONAL TIME TO COMPLY. THERE WAS A 90 DAY EXTENSION PROVIDED OCTOBER 17, 2023. 30 DAY EXTENSION FEBRUARY 8 30 DAY EXTENSION FEBRUARY 8, 2024 AND 90 DAY EXTENSION AT AUGUST 15, 2024. LAST EXTENSION CAME BEFORE SPECIAL MAGISTRATE FEBRUARY 13, 2025 AND IT WAS CONTINUED UNTIL TODAY'S HEARING DATE TO ALLOW FOR TIME FOR PREPARATION OF PLANS AND SUBMITTAL AND APPROVAL OF REVISION FOR THE ISSUANCE OF THE PERMIT. THAT HAS NOT BEEN DONE YET SO WE WOULD LIKE TO

HEAR BEFORE WE PROCEED. >> THANK YOU.

>> WHAT ARE YOUR NAMES? >> WANDA JOHNSON I'M THE OWNER.

>> THANK YOU FOR COMING DOWN AND YOU ARE?

>> SHERRY JOHNSON, WANDA'S DAUGHTER.

[00:50:05]

>> EXCELLENT, THANK YOU. >> FOR THE RECORD MY FATHER IS NOT HERE BECAUSE HE PASSED IN FEBRUARY 2023. THE NAME WAS STILL ON THE FILE. IT'S OKAY I JUST WANTED TO MENTION.

>> THANK YOU FOR DOING SO. MY CONDOLENCES. TELL ME MRS.

JOHNSON WHAT'S GOING ON? >> WELL ACTUALLY TWO DAYS AFTER OR A COUPLE DAYS AFTER THE LAST HEARING WE GOT THE EXTENSION, WE HAD SOUTH FLORIDA WATER MANAGEMENT DISTRICT SENT TO THE PROPERTY BECAUSE WE HAVE WETLAND , WETLANDS AND SO THAT'S WHAT WE HAVE BEEN WORKING THROUGH SINCE THE LAST TIME BEING HERE.

WE HAVE HIRED PAUL IZZO , ENVIRONMENTAL ENGINEER AND SPECIALIST OUT OF STEWART. WE ARE WORKING WITH TOM DEGRASSI AS OUR ENGINEER. HE HAS EVERYTHING READY WE ARE JUST WAITING TO FINISH WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT. AND, THE NORTH SIDE OF THE WETLAND HAD A VERY SMALL AREA THAT HAD, BETWEEN THE WETLAND AND 25 FOOT BUFFER AREA YOU ARE SUPPOSED TO HAVE HAD SOME DIRT OR SOMETHING, SINCE THE 90S HAD GOTTEN IN THERE SO WE ARE TRYING TO GET THAT RESOLVED. WE ARE LOOKING, WAITING ON THE ENGINEER, THE ENVIRONMENTAL ENGINEER TO PROVIDE US WITH THE OPTIONS OF MITIGATING AND RESTORING AND/OR RESTORING ON-SITE SO WE ARE WAITING FOR THOSE FINAL DOCUMENTS AND THOSE WILL BE PROVIDED TO OUR ENGINEER WHO WILL PUT ALL OF THAT INTO THE REST OF THE REPORTS OR PACKAGE.

WE ARE ALSO WORKING WITH THE NORTH ST. LUCIE WATER DISTRICT CANAL DISTRICT SOMETHING LIKE THAT WITH THE OTHER PART OF THE DRAINAGE AND THE CULVERT THAT ABUTS THE CANAL SO WE ARE WORKING THROUGH THESE OTHER ERP'S, ENVIRONMENTAL RESOURCE PERMITS TRYING TO GET THOSE IN ORDER AND IN PLACE SO THOSE CAN BE GIVEN TO OUR ENGINEER AND WE CAN KIND OF PUT THE REST OF THE

PACKAGE TOGETHER. >> EXCELLENT, EXCELLENT. WAS THERE ANY ADDITIONAL INFORMATION YOU NEEDED?

>> DO YOU HAVE ANY INDICATION OF TIME AS FAR AS APPROVAL FROM SOUTH FLORIDA OR THE WATER DISTRICT?

>> YES, PAUL IZZO , THE ENVIRONMENT TILL SPECIALIST AND ENGINEER WILL HAVE SOME DOCUMENTS READY FOR US TO REVIEW AND MAKE A FINAL DECISION IN ABOUT A WEEK AND WHEN THAT DECISION IS MADE WE CAN MOVE FORWARD WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT. WE ALREADY PAID THE DEPOSITS AND WE PAID THE APPLICATION FEES, EVERYTHING IS UP-TO-DATE. AND IT IS LIKE WAITING ON ONE THEN WE HAVE TO WAIT ON THE OTHER BEFORE WE GET THE OTHER SO WE CANNOT DO ANYTHING WITH SOUTH FLORIDA SORRY THE ST. LUCIE WATER MANAGEMENT DISTRICT YET UNTIL WE GET TO THE SOUTH WATER SO IT'S KIND OF TRYING TO GET ONE BOX CHECKED OVER HERE TO GET THIS BOX TO BE ABLE TO START MOVING.

BUT, LIKE I SAID, OUR ENGINEER HAS EVERYTHING PREPARED IT'S JUST WAITING ON THE ERP'S TO GET THEM INSERTED SO WE CAN MOVE FORWARD WITH ALL THE APPLICATION. THE PERMIT APPLICATION IS WHAT TRIGGERED THE WHOLE SOUTH FLORIDA WATER MANAGEMENT DISTRICT THING FROM THE CITY. IT WAS SOMETHING, WE WERE NOT EXPECTING AND THEN THAT WAS AN ADDITIONAL. 'S WE ARE STILL MOVING ALONG. MAKING STRIDES.

>> SPECIAL MAGISTRATE THE FINES HAVE ALREADY BEEN STAYED SOME TYPE AGO SO STAFF RECOMMENDATION IS TO BRING BACK FOR ANOTHER STATUS HEARING IN SIX MONTHS IF A PERMIT HAS NOT BEEN ISSUED BY

THAT POINT. >> ANYTHING ELSE YOU WANTED TO

BRING TO MY ATTENTION? >> NO. I THINK THAT WOULD BE SUFFICIENT TO ALLOW TIME FOR SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ENVIRONMENTAL ENGINEER TO SORT SOME THINGS OUT FOR US TO MAKE A DECISION AND MOVE FORWARD AND WE WANT TO WRAP

THIS UP AND MOVE FORWARD. >> EXCELLENT, EXCELLENT. I WILL ORDER CONTINUANCE OF THIS SO WE CAN RECONVENE IN SIX MONTHS.

HOPEFULLY, THAT MOMENTUM CONTINUES.

>> WE HAVE TRIED TO FOLLOW THIS THE RIGHT WAY BECAUSE WE WANT TO MAKE SURE WE HANDLE THE WETLANDS AND ESPECIALLY THE WETLANDS NOT

[00:55:04]

WE WANT TO MAKE SURE WE ARE MAKING THE RIGHT DECISION ON THE CHOICES WE MAKE BETWEEN MITIGATION AND WHATEVER WE NEED TO DO. IT IS TAKING A LITTLE MORE TIME BUT WE FEEL IT IS THE

RIGHT THING. >> EXCELLENT, THANK YOU FOR COMING DOWN AND FINGERS CROSSED IT GOES SMOOTHLY. THANK YOU.

[B. 24-536 1713 Bayshore Dr Cheshier, George Shaun Coss ]

>> OKAY SO WE HAVE A CALL IN CASE. SEVEN B, 24-536, 1713 BAYSHORE DRIVE, GEORGE CHESHIER IS THE OWNER WE ARE CALLING HIS MOTHER-IN-LAW ELLEN O'CONNOR.

>> HELLO. >> MS. O'CONNOR?

>> YES. >> THIS IS ELIZABETH WITH THE CITY OF FORT PIERCE BUILDING DEPARTMENT YOU ARE IN AUDIO ATTENDANCE OF THE SPECIAL MAGISTRATE HEARING AND I NEED TO SWEAR YOU IN FOR TESTIMONY. IF YOU CAN RAISE YOUR RIGHT HAND.

STATE YOUR NAME FOR THE RECORD PLEASE.

>> ELLEN O'CONNOR. >> DO YOU SWEAR OR AFFIRM TESTIMONY WILL PROVIDE WILL BE THE TRUTH?

>> YES I DO. >> THANK YOU VERY MUCH.

>> SO I JUST STAY ON? >> YES MA'AM.

>> THANK YOU, CASE 24-536, 1713 BAYSHORE DRIVE PROPERTY OWNED BY GEORGE CHESHIER SAME ADDRESS, HERE FOR A MASSEY HEARING. THIS CASE CAME BEFORE SPECIAL MAGISTRATE AUGUST 16, 2024 AND THERE WAS ORDER DETERMINING VIOLATION.

>> MS. O'CONNOR THERE IS A LOT OF ECHO ON THE LINE ARE YOU ABLE

TO HEAR US OKAY? >> YES IS IT BETTER NOW?

>> I BELIEVE SO. >> OKAY I HAD THE COMPUTER ON.

>> SORRY ABOUT THAT, THANK YOU. THERE WAS A AFFIDAVIT OF NONCOMPLIANCE RECORDED JANUARY 21, 2025. THERE WAS ORDER APPROVING RESPONDER REQUEST FOR EXTENSION TO TIME MARCH 13, 2025 AND AFFIDAVIT OF NONCOMPLIANCE RECORDED JUNE 25, 2025. SINCE THAT TIME A PERMIT HAS BEEN ISSUED FOR THIS WORK SO STAFF RECOMMENDATION IS THAT WE STAY THE ACCRUAL OF ANY FINES UNTIL THE PERMIT HAS BEEN CLOSED, ONCE CLOSED OUT IT CAN COME BACK BEFORE THE SPECIAL MAGISTRATE FOR FINAL REDUCTION. IF THE PERMIT WERE TO EXPIRE WITHOUT HAVING THE INSPECTIONS PERFORMED THEN THE FINES WOULD RESUME AT THAT TIME.

>> OKAY THAT'S GREAT. >> GOOD MORNING MS. O'CONNOR THIS IS SPECIAL MAGISTRATE MUNRO HOW ARE YOU?

>> GOOD HOW ARE YOU TODAY? >> DOING WELL THANK YOU FOR ASKING. TELL ME, WAS THERE ANYTHING YOU WANTED TO BRING TO

MY ATTENTION THIS MORNING? >> NO, WE ARE WORKING HARD ON THIS, WE HAD TO GET ENGINEERS AND WE GOT THE EXEMPTION FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. SO IT HAS TAKEN A WHILE. SUBJECT TO THE SCHEDULE OF THESE PEOPLE. SO IT SHOULD BE DONE VERY SOON, 75% COMPLETE AND THE ONE QUESTION I HAVE IT SHOWING I NEED A PILING CAP INSPECTION, A DOCTOR IN PROGRESS INSPECTION AND DOCKED FINAL, THERE IS NO DOC INVOLVED SO I AM WONDERING IF THOSE ARE LEGITIMATE. THE DOCK IN PROGRESS

AND FINAL? >> WHILE YOU WERE SPEAKING I WAS JUST CHANGING THOSE. NOW IF YOU LOOK AGAIN THE ONLY INSPECTION REQUIRED WILL BE FOR THE PILE CAPS THAT WOULD BE FINAL INSPECTION TO CLOSE THIS OUT ONCE IT HAS BEEN APPROVED.

>> IF I CAN CALL IT IN THAT WOULD BE DONE SO I WILL CALL THOSE PEOPLE AND TRY TO GET THEM TO FINISH.

>> YES MA'AM. >> I GUESS THAT'S IT.

>> EXCELLENT, REMIND ME OF THE CITY RECOMMENDATION, STAY OF ACCRUAL OF FINES UNTIL THE PERMIT HAS CLOSED?

[01:00:03]

>> YES END OF THE PERMIT WERE TO EXPIRE THE FINES WOULD RESUME.

>> EXCELLENT. I WILL TAKE STAFF RECOMMENDATION TO STAY ACCRUAL OF FINES UNTIL THE PERMIT IS CLOSED AND IF IT DOES EXPIRE , THEN THE FINES WILL BE REBORN. THANK YOU, MS. O'CONNOR FOR

BEING AVAILABLE. >> OKAY ONE OF THE QUESTION.

WHEN THIS IS OVER I CAN COME IN AND TRY TO GET THE FINES REDUCED? THERE ARE SOME FROM PREVIOUS .

>> YES WENT THIS IS CONCLUDED I THINK IT WOULD BE APPROPRIATE AT

THAT TIME TO ENTERTAIN THAT. >> OKAY GREAT, THANK YOU.

>> EXCELLENT, THANK YOU. >> ALL RIGHT, BYE.

[C. BV2025-00029 1238 Avenue D Giordano, Steven Shaun Coss]

>> OKAY LAST CASE IS JUST ADMINISTRATIVE BUSINESS. FOR CASE 92, BV 2025- 00029, 1238 AVENUE D.

>> CASE BV 2025-000 TONIGHT ON 1238 AVENUE D OWNED BY STEVEN GIORDANO. 5427 NORTHWEST CONSUMER AVENUE FORT PIERCE, FLORIDA. THIS IS HERE TODAY AS A REQUEST TO SET ASIDE THE ORDER DETERMINING VIOLATION, RECORDED IN THE OFFICIAL RECORD BOOK 5338 PAGE 1671. THIS IS OUT OF ABUNDANCE OF CAUTION SPECIAL MAGISTRATE. THE PROPERTY OWNER INDICATED HE NEVER RECEIVED NOTICE OF THE HEARING, LOOKING BACK THROUGH THE FILE THE PROPERTY , WE DID NOT RECEIVE A SIGNED AND CERTIFIED MAIL CARD BACK OF THE PROPERTY WAS POSTED IN ACCORDANCE WITH REQUIREMENTS AND STATUTE HOWEVER WHEN REVIEWING THE FILE IT DID NOT PROVIDE OR INCLUDE AFFIDAVIT OF POSTING, AFFIDAVIT OF MAILING WHICH IS TYPICAL , FOR US TO DO TO DEMONSTRATE WE HAVE COMPLIED WITH REQUIREMENTS OF THE STATUTE. SO AGAIN OUT OF ABUNDANCE OF CAUTION, WE DO BELIEVE NOTICE WAS PROVIDED HOWEVER SINCE THOSE DOCUMENTS WERE NOT MADE PART OF THE OFFICIAL RECORD, WE ARE REQUESTING THAT THE PREVIOUS ORDER BE SET ASIDE AND THE CASE WILL BE SCHEDULED AGAIN TO COME

BACK BEFORE YOU. >> QUESTION FOR MY BACKGROUND, THOSE DOCUMENTS THAT WERE NOT PART OF THE RECORD, WITH A HAVE BEEN PART OF THE RECORD EVEN IF WE RECEIVE THE GREEN SLIP?

>> NO SIR, IF THE RESPONDENT SIGN FOR THE CERTIFIED MAIL THAN THE CERTIFIED MAIL CARD STAYS IN THE FILE. THERE IS NO NEED TO POST THE PROPERTY OR SEND NOTICE REGULAR MAIL SO THERE WOULD NOT BE AFFIDAVIT OF MAILING OR POSTING SO THE AFFIDAVITS ARE ONLY PREPARED IF THE CERTIFIED MAIL CARD IS NOT RECEIVED OR IS

NOT SIGNED. >> UNDERSTOOD, THANK YOU.

>> I WILL GRANT THIS REQUEST IN ORDER THAT THE ORDER DETERMINING VIOLATION REPORTED IN BOOK 5338 PAGE 1671 BE SET ASIDE. THANK YOU.

>> THAT IS IT. SO LET'S SEE. NOTICE OF HEARING WAS SENT TO THE VIOLATOR CERTIFIED MAIL, THE GREEN CARD RETURNED SIGN PLACED IN THE FILE, IF IT IS UNSIGNED OR UNCLAIMED AFFIDAVIT OF MAILING WITH NOTICE OF HEARING AND CLOSED IS MAILED TO THE VIOLATOR, 10 DAYS BEFORE THE HEARING, THE NOTICE OF HEARING WAS SENT REGULAR US MAIL WITH AFFIDAVIT OF MAILING ATTACHED, A COPY PLACED IN THE INSPECTOR FILE, 10 DAYS BEFORE THE HEARING A NOTICE OF HEARING POSTED ON THE BULLETIN BOARD IN THE LOBBY OF CITY HALL AND NOTICE OF HEARING ALSO POSTED AT THE PROPERTY IN QUESTION WITH AFFIDAVIT OF POSTING, IF CERTIFICATION CARD IS NOT RETURNED TO THE BUILDING DEPARTMENT WITHIN 10 DAYS BEFORE THE HEARING, POSTING IS COMPLETED THE SAME WAY AS IF THE CARD WAS RETURNED

* This transcript was compiled from uncorrected Closed Captioning.