Citizen's Advisory Committee - Special Meeting

Good morning. The City of Port St. Lucie Special Magistrate Hearing for Wednesday, June 3rd, 2026 is called to order. It's 9 o'clock in the morning. I'm Keith Davis, the Special Magistrate appointed by the City to preside over today's hearing. Let's all go ahead and stand and recite the Pledge of Allegiance. I pledge allegiance to the 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. All right. Okay, let's swear in the city staff who are going to be testifying.

Please raise your right hand. Do you swear or affirm the testimony you offered today as the truth and nothing but the truth? I do. Thank you.

Wonderful. I know I've previously approved some minutes. There's none specified on this morning's agenda. Are there any late abatements or postponements, though, on this morning's agenda?

Yes, there is one late abatement. That would be number 6, case number 26-08052. Respondent address is 2102 Southeast Stone Crop Street.

Okay, with that noted, the agenda is approved. It doesn't look like we have any respondents present. We don't have any solid waste cases this morning.

No, yes, we do not have anybody present. We can just start off with our violation hearing section of special request.

Okay, let's go ahead and do that.

Number one, code officer vendor, case number 26-03844. Respondent address is 6869 Northwest Dragon Street.

Good morning. Good morning. Officer Bender, previously sworn. This case concerns property at 6869 Northwest Dragon Street, Port St. Lucie, Florida. on march 12 2026 an inspection was done photos taken showing the following violations section 41.08b exterior property areas high grass and weeds over 12 inches and section 154.05c responsibility overgrowth the photos depict an accurate representation of the property at the time The photos were taken. A notice of violation was issued on April 17th, 2026. The respondent had until April 27th, 2026 to bring the property into compliance. Compliance was not achieved by such date, and so a notice of hearing was furnished on April 24th, 2026 by certified mail. On May 19th, 2026, proper service was achieved by posting the property with a notice of hearing. The city requests the respondent Sharon O. Waldron be ordered to comply with the cited provisions of the City of Port St. Lucie Code by June 10, 2026, and if not in compliance by that date, then a hearing be held to determine a fine to be imposed against the subject property. In addition, the respondents failed to comply by June 10th, 2026. The city requested the special magistrate authorize the city pursuant to section 162.08 subsection 5FS to enter upon the property to bring the property into compliance and specifically to cut and maintain the high grass and weeds and cut and remove the overgrowth of the landscaping, the cost of which will be charged to the respondent at a later hearing. And this here's the posting. This here's the front on the left side of the property. You can see the grass. You can see the overgrowth. There is a house back there. This here's the front entryway. That's looking at it. It's dead on from the road. And on the right side, neighbor is nice to cut the grass over here. And it's more overgrowth up there. That's probably about two feet tall right now.

At least there's flowers.

That's true.

Okay. The respondent is not present, but the city has proper notice with the notice documents contained in the file based on the testimony and the evidence property remains in violation as cited. Those violations clearly constitute threat to the public health, safety, and welfare. I will grant all the relief requested by the City, including June 10th compliance date and following that authorization to enter the property, abate the violations, and assess the costs.

This case concerns the property at 1313 Southwest Gastador Ave, Port St Lucy, FL. On March 13th, 2026, an inspection was done and photos taken showing the following violations. section 41.08 h1 exterior properties obstruction in the swales prohibited section 41.08 b exterior property areas high grass and weeds over 12 inches and section 41.08 d exterior property areas unmaintained accessory structures the photos depict an accurate representation of the property at the time the photos were taken a notice of violation was issued on may 12th 2026 respond ahead until May 19th to bring the property into compliance. Compliance was not achieved by such date and so a notice of hearing was furnished on. May 12th, 2026 by certified mail on May 19th, 2026 proper service was achieved by posting the property with a notice of hearing. The city requested the respondents. Flavio Andres III and Flavio Andres II be ordered to comply with the cited provisions of the City of Port St. Lucie by June 10, 2026, and if not in compliance by that date, then a hearing be held to determine a fine to be imposed against the subject property. In addition, if the respondent fails to comply by June 10, 2026, the City requests that the Special Magistrate authorize the City, pursuant to Section 162.08, subsection 5FS, to enter upon the property to bring the property into compliance, specifically to cut and maintain the high grass and weeds at the cost of which will be charged to the respondents at a later hearing. So here we got grass that's approximately 18 inches tall. This here is a concrete wall that was placed in the city swale area. This here side, the fence is damaged and missing. And it's just a head-on shot.

So the wall's actually in the city's right away?

Yes, it's right up against the swale liner.

Okay. And that's not a permitting issue. It just simply can't be there, correct?

Correct. It would not be permitted to be there. There's no permitting process to build a retention wall in the city.

Removal is the only cure. Correct. Okay. Does it require a permit to remove? No, they can just remove it.

They would need to remove it. Thank you.

Okay. Anything else from the city? That's it. respondents are not present this morning however the city has proper notice with the notice documents contained in the file based on the testimony and the evidence I do find property remains in violation as cited the violation of city code 4108 B regarding the high grass and weeds constitutes threat to the public health safety and welfare I will grant all the relief requested by the city including June 10th compliance date And after that, authority to enter the property, abate the high grass and weeds violation, and assess those costs. Thank you.

Number 3, Code Officer O'Malley, case number 26-06108. Respondent address is 1512 Southwest Aledo Lane.

Good morning, sir. Good morning. Officer O'Malley previously sworn. This case concerns the property at 1512 Southwest Aledo Lane, Port St. Lucie, Florida. On April 16, 2026, an inspection was done and photos taken showing the following violations. Section 4108B, exterior property areas, high grass and weeds over 12 inches. The photo depicts an accurate representation of the property at the time the photos were taken. A notice of violation was issued on April 16, 2026. The respondent had until April 26, 2026 to bring the property into compliance. The compliance was not achieved by such date, and so a notice of hearing was furnished on May 6, 2026 by certified mail. On May 19th, 2026 proper service was achieved by posting the property with the notice of hearing the city requests that the respondents be ordered to comply with the cited provisions of the city of port St. Lucy code by June 10th, 2026. And if not in compliance by that date, then a hearing be held to determine the fine to be imposed against the subject property. In addition, if the respondents failed to comply by June 10th, 2026, the city requests request the special magistrate authorize the city pursuant to section 162.085 Florida statute to enter upon the property to bring the property into compliance and specifically to cut and maintain the high grass and weeds, the cost of which will be charged to the respondents at a later hearing. So this is the posting. There's over 12 inches. OVERGROWTH.

I NOTICED THE RESPONDENT IS IN ESTATE. IS THIS UNOCCUPIED AT THIS POINT? YES, SIR. THAT'S WHAT I THOUGHT. OKAY. ALL RIGHT. IS THERE ANYBODY HERE ON BEHALF OF THE RESPONDENT? RESPONDENT IS NOT PRESENT. HOWEVER, THE CITY HAS PROPER NOTICE WITH NOTICE DOCUMENTS CONTAINED IN THE FILE BASED ON THE TESTIMONY AND THE EVIDENCE I DO FIND THAT THE PROPERTY REMAINS IN VIOLATION AND THAT THAT VIOLATION CONSTITUTES THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE. I will grant all the relief requested by the city, including June 10th compliance date, and after that, authority to enter the property, abate the violation, and assess the costs.

Thank you.

Number 4, Code Officer Miller, case number 26-05530, responding address is 991 Southwest of Versailles Avenue.

Good morning. This case concerns the property at 991 Southwest Versailles Avenue, Port St. Lucie, Florida. On April 7th, 2026, an inspection was done and photos taken showing the following violations. Section 41.08B, exterior property areas, high grass and weeds over 12 inches. The photos depict an accurate representation of the property at the time the photos were taken. A notice of violation was issued on April 10th, 2026. The respondent had until April 20th, 2026 to bring the property into compliance. Compliance is not achieved by such date and so a notice of hearing was furnished on April 21st, 2026 by certified mail.

On May 19th, 2026, proper service was achieved by posting the property with a notice of hearing.

Recommendation, the city requests that the respondent be ordered to comply with the site of provisions of the City of Port St. Lucie Code by June 10th, 2026, and if not in compliance by that date, then a hearing be held to determine a fine to be imposed against the subject property. In addition, if the respondent fails to comply by June 10th, 2026, the city requests special magistrate authorize the city pursuant to section 162.085 Florida statute to enter upon the property to bring the property into compliance and specifically cut and maintain the high grass and weeds. The cost of which will be charged the respondent at a later hearing. And here's the property here. The grass is well over 24 inches. There's a front view of the property. And that's the posting of the property. And as you can see, the grass in the back is well over 24 inches. Okay.

Uh, is there anybody here on behalf of the respondent? There's not. However, the city has proper notice, um, based on the testimony and the evidence, uh, property remains in violation as cited. That violation clearly constitutes threat to the public health, safety and welfare. I will grant all the relief requested by the city, including June 10th compliance date. After that authority to enter the property is abate the violation and assess the costs.

Number five, code officer Miller, case number 26-07883, respondent address is 732 Southeast Fallon Drive.

This case concerns the property at 732 Southeast Fallon Drive, Fort St. Lucie, Florida. On May 11, 2026, an inspection was done and photos taken showing the file in violation. Section 41.09B, swimming pools, spa and hot tubs, unsecured pool. Section 41.09A, swimming pools, spa and hot tubs, unsecured pool. unmaintained pool section 41.08 d unmaintained accessory structures section 41.08 b exterior property high grass and weeds over 12 inches section 41.08 e exterior property area inoperative vehicles section 158.211 storage accumulation of waste materials prohibited section 154.05 c responsibility of overgrowth The photos depict an accurate representation of the property at the time the photos were taken. They noticed the violation was issued on May 12, 2026. The respondent had until May 22, 2026 to bring the property into compliance. Compliance is not achieved by such date, and so a notice of hearing was furnished on May 11, 2026 by certified mail. On May 19, 2026, proper service was achieved by posting the property with a notice of hearing. If the respondents fail to comply with Section 41.09b, Swim Pools and Hot Tubs Unsecured Pool, by June 4th, 2026, the city requests a special magistrate authorize the city pursuant to Section 162.085 Florida Statute to enter upon the property to bring the property into compliance and specifically to abate the unsecured pool by securing it with a pool cover and to cut and maintain the high grass and weeds, the cost of which will be charged to the respondent at a later hearing. The city requests a respondent be ordered to comply with the cited provisions of the City of Port St. Lucie Code by June 10th for all other listed code violations. And if not in compliance by that date, then a hearing be held to determine a fine to be imposed against the subject property. So here we have the screens that are missing, sort of unmaintained accessory structure. Here is a picture of the pool from the side. There's the fence that's falling apart. Also for the accessory structure, there's some wood behind there for open storage. There's the high grass and weeds in the back. That's the inoperative vehicle. As you can see, there's mold and mildew on the exterior structure also. That's a front view of the home. That's the overgrowth. There's a pepper tree in the backyard that needs to be removed. That's the posting of the property. And this is a close-up picture. So the screen door is missing from the side of that pool. As you can see, the unmaintained water in there. And there's a netting over the pool, but that's not secured.

Okay. Okay. Anything else? Is there anybody here on behalf of the respondent? Respondent is not present. However, the city has proper notice of, um, today's hearing and the violations, uh, based on the testimony and the evidence I find, um. Cities established each of the violations and the property remains in violation as cited specifically, uh, the violations of city code 4109. A and B regarding unmaintained and unsecured pool constitute a threat to the public health, safety, and welfare. Violation of City Code 4108B and 15405C regarding high grass and weeds and overgrowth also constitute threats to the public health, safety, and welfare. I will grant all the relief requested by the City and we're going to acquire compliance by tomorrow, June 4th. Compliance is not achieved by tomorrow. The city is authorized to enter the property, abate the unsecured and unmaintained pool, and abate the high grass and weeds and the overgrowth, and assess all those costs against the property and the respondent. Thank you very much.

We've now completed all violation hearing special requests. We did have a respondent walk in, so we're going to hear them. It's going to be number seven, code officer Bender, case number 25-04558, respondents Melissa and DeFrancisco. Respondent address is 1108 Southwest Eastall Avenue.

Good morning, Officer Bender, previously sworn. Yes, sir.

Good morning.

Good morning. This case concerns the property at... 1108 Southwest Avenue, Port St. Lucie, Florida. The violation hearing was held on August 6, 2025. Based on the evidence presented on that date, the special magistrate found that the violation existed and ordered compliance to be achieved by February 7, 2026 for the following violations. Section 41.10G, exterior structure, roof and drainage in need of maintenance. Section 41.10B, exterior structure exterior of structure in need of maintenance per neighborhood services department records compliance was not achieved by february 7 2026 neighborhood services maintains a copy of the entire case file as public record the photos taken truly and accurately represent the scene as it appeared on the dates of the inspections Due to the respondent's failure to comply with the deadline set forth in the violation hearing, the City requested the Special Magistrate impose a fine and order the respondent to pay a fine in the amount of $50 per day with a maximum of $50,000. Finally, the City requested the respondent be ordered to pay the administrative cost in the amount of $411, representing reasonable costs of the investigation and prosecution of this case. This case was brought last month for certification of fine and it was continued.

Okay.

To see if there's any progress on their work.

Okay.

So basically the house is just, the roof is totally tarped. And we got the front entryway that's missing the front entryway and the screens down here in the side.

So the 4110B is the screen? The screen enclosure, correct. By the front entryway. Yes. And 4110G is the roof. Got it. Okay. Anything else from the city at this time? Let me get you ladies sworn in, and I'll be happy to hear from you.

Please raise your right hand. Do you swear or affirm the testimony you offer today is the truth and nothing but the truth? Yes. And please state your names for the record. Melissa DeFrancisco. Michaela Trump Chandler. Thank you.

Good morning. Thank you for being here. Thank you, Your Honor. Why don't you bring me up to speed on what's going on.

Okay, so the progress that I've made is my insurance company has agreed to cover it. I got one estimate for them with the person that I had planned on hiring. and they asked me to get two more.

You actually got your insurance company to?

Yes. Let me tell you what, you're ahead of the game right there.

Congratulations.

I have the one that I had presented them with, but I have the business card and the phone number and name of the other person. They have yet to come out and do the estimates. Okay.

That doesn't look like that now, though.

Right now I have one single tarp. I paid out of my own pocket to re-tarp it. with a single tarp because what they did was still causing damage to the property. Okay. So there has been progress.

All right, so you have one estimate. You're getting a second. Do you have any?

No, I have this set up for the other two already.

Okay.

And one of the other two is going to be the one she's going to go with because one company gave an estimate and came out to re-tarp the roof and spent six hours and did nothing to mitigate rain pouring in.

Yeah, they caused it to actually leak worse.

So the other company that's going to give an estimate came out with two men, 20 minutes, a one-piece tarp, covered it properly, and so it's secure because that wasn't done right by the insurance company's people.

In your conversations with the folks that you've spoken to, have you gathered any sense for timing, like when they're going to be able to get you on the schedule?

I don't know, but the one place that I spoke with, they said that they work with a team of attorneys and public adjusters, and they can do all of it with the one company.

The roofing company that she's probably going with, I would expect... In under 30 days for them to start.

I mean, they came out the next day and tarped it for me. So that was really fast.

Okay.

So we expect that that home will have a new roof very soon.

Okay. What are we thinking?

The reason for that was this was all the tornado damage from Milton. Yeah. So she couldn't do that until they did their appraisal and everything else and came up with their amounts. They previously said they sent her a check for $6,000, which they never sent. They said that they said that because they wanted her to call them. Okay.

Okay, let me hear from Mr. Armstrong.

I think we can set this up for a 90-day continuance. That will give them time to solidify and hire that contractor. I agree.

I think that makes a lot of sense.

And then if we're in hurricane season, so God forbid things get pushed out a little bit further, I think we can work with them as long as they have that contractor in the principal.

Okay. You need to really stay in constant contact with Officer Bender and his office once you finally sign a contract and timing. But I agree. It seems to me if we don't do anything today, reset the final disposition of this hearing for about three months down the road, that should give you enough time to be under contract and have a good sense. Maybe it'll be done by then. I don't know. So... Does that make sense, ladies, to you? Absolutely. Do you agree with that? Okay. So 90 days of June, that would be early September. What do I have? Let's see. September 9th looks like an agenda that I'm covering. So why don't we put it on September 9th? We'll continue this hearing to September 9th at 9 o'clock right here. And if need be, I mean, if you continue to have good fortune and you're able to get this all wrapped up before then, you may not even have to come back. But again, stay in touch with the city. Keep them appraised of how things are going. Let them know when you have a contractor and you're under contract and what it's going to be looking like for getting the work actually done. And if need be, we'll see you back here on September 9th. If not, again, all the best of luck to get it done.

I hope I don't see you again.

Thank you both for being here. I appreciate it very much.

Okay, so we'll jump back in to our special requests. It's going to be the certification of fines special requests.

Okay.

It's actually Mr. Bender, number 11, case number 25, dash 1-8083. The address is 571 Southwest Remora Bay. All right.

This case concerns the property at 571 Southwest Remora Bay. Violation hearing was held on. May 4th or excuse me, March 4th, 2026. Based on the evidence provided on that date, the special magistrate found the violation existed in order to compliance by. Achieved by March 5th, 2026 and if. Compliance is not achieved, then authorize the city to enter upon the property to bring property into compliance. The following violations were 41.08D, exterior property areas, unmaintained accessory structures, 41.09B, swimming pools, spas and hot tubs, unsecured pool, section 158.211, storage of accumulation of materials and refuse and waste materials prohibited, and section 41.10M2, exterior structure, storm shutters closed, secured when prohibited. Per neighborhood service department records, compliance was not achieved by March 5th, 2026. The city took steps to abate the violation. The violation section 41.09B, swimming pools, spas, and hot tubs, unsecured pool was abated on April 16th, 2026. Neighborhood services maintains a copy of the entire case file as a public record. The photos taken truly and accurately represent The scene as it appeared in the dates of the inspection. Due to the respondent's failure to comply with the deadline set forth in the violation hearing, the city requested the special magistrate order a fine to be certified in the amount of $75 per day up to a maximum of $50,000 for the period of noncompliance from March 5th, 2026. The city requests that the response be ordered to pay the costs in the amount of $3,080 for the repairs to bring the property into compliance as previously authorized. Finally, the city requested the respondent pay administrative costs in the amount of $411, representing reasonable costs of the investigation and prosecution of this case. So we still have open storage in the back. We still have shutters up on the windows in the back. That's the front of the house. The fence is missing going into the backyard and some open storage of the wood shutters. And this is where the city had covered the pool or secured it.

So it looks like everything is still in violation except what you abated. Correct. Got it. Okay. Respondent is not present. However, the city has proper notice. with the notice documents contained in the file. Based on the testimony and the evidence, I will find the property did not comply with the order that arose out of the violation hearing from March 4th. I find that property remains in violation as cited, except that the violation of 4109 B regarding the unsecured pool was abated and has come into compliance. The other violations continue, however, so I will grant all the relief requested by the city. I will certify the fine in the amount of $75 per day up to a maximum of $50,000 for the period of non compliance beginning March 5th, 2026 for the violations that continue. I will order that the respondent pay the abatement costs of $3,080 for the city's expense in abating the unsecured pool, and I will award the city's administrative costs of $411. Thank you. Thank you.

We've now completed all cases with special requests. I can go ahead and read on file of how we noticed all the alleged violators who are not present.

Yes, please.

A notice of hearing or a notice of the certification of fine was sent to the violator by certified mail return receipt requested to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database. If the green card was returned, it was either placed in the file and is either signed, unsigned, or unclaimed. Ten days before the hearing, the agenda was posted on the bulletin board in the lobby of Port St. Lucie City Hall. Also, a notice of hearing was posted on the property in question along with an affidavit of posting, which included a copy of the notice posted and the dates and places of its posting. If the certification card was not returned to the Neighborhood Services Department, then within 10 days before the hearing, posting is completed in the same manner as if the card was returned unclaimed as stated above. The photos shown at today's hearing are kept and maintained as public records of the City of Port St. Lucie's Neighborhood Services Department.

Regarding the following cases entered into public record, a violation hearing was held and a date of compliance was issued by the special magistrate. Upon re-inspection by a co-compliance officer, it was determined that compliance has not been achieved for the violations of the respective listed sections of the code. A formal notice of hearing was issued for today's hearing and the respondent has failed to appear. The city requests that the fines be certified and administrative costs be assessed and awarded to the city. Can we read those into record?

Yes. Number eight, case number 26-00557. Respondent address is 5810 Northwest Fallflower Court. Number 9, case number 25-16425. Respondent address is 1733 Southwest Camargo Street. And number 10, case number 25-17598. Respondent address is 1833 Southwest Penrose Avenue.

Anything else you need to put into the record on those? I'll sign the appropriate orders. No, sir. I think that that... COVERS ALL THE ITEMS ON THE AGENDA THIS MORNING. IS THERE ANY PUBLIC TO BE HEARD? SEEING THAT THERE IS NO PUBLIC PRESENT, IS THERE ANYTHING ELSE FOR THE GOOD OF THE ORDER BEFORE WE ADJOURN THIS MORNING?

NO, SIR.

NOTHING. THEN WE HAVE CONCLUDED OUR BUSINESS THIS MORNING. IT IS 9.38 A.M. AND WE ARE ADJOURNED.

Thank you.