Fort Pierce special magistrate halts fines, sets deadlines in multiple code-enforcement cases

Special Magistrate Jennifer Peschke heard multiple property code-enforcement cases for the City of Fort Pierce on Feb. 4, 2025, and issued orders ranging from a 90-day stay on daily fines to directions that owners secure or clear properties by Feb. 11, 2025.

In the most substantial matter, the magistrate ordered the running of daily fines to be abated for 436 N. 11th St. while the owner obtains building permits, and gave the owner 90 days to secure a permit. The docket shows daily fines had been running since an affidavit of noncompliance on Nov. 14, 2024, leaving a balance of $20,520 as of the day before the hearing. City staff told the magistrate that once a permit is issued, work subject to the permit typically has six months to be completed and enforcement is paused while permit work continues; the magistrate said fines will automatically resume if no permit is issued within 90 days.

At 202 Gardenia Ave., the magistrate accepted evidence that the property had been brought into compliance and entered an administrative charge—estimated at $1,198.02, rounded for order entry to $1,200—as the lien amount associated with that division’s violation. Staff explained there were two separate liens in the broader matter handled by different city departments; the lien addressed at this hearing was not yet a formal recorded lien, but the magistrate warned that failure to satisfy the lien within 12 months would revert the balance to the prior total of $8,930. Staff advised the respondent to contact city staff about payment-plan options; the city can allow up to 12 months to pay and will accept partial payments.

A board-up case for a property identified as USB2025-111 (Avenue D) resulted in an order finding a nuisance condition and directing the owner, Carla Zivilos, to secure all openings by Feb. 11, 2025. The magistrate ordered that failure to comply would trigger fines of $100 per day and that the city may abate the nuisance and assess abatement costs to the property.

A lot-clearing matter for 322 N. 12th St., owner listed as Charlene Christina, was similarly found to be a nuisance. The magistrate ordered grass, weeds and overgrown vegetation cut and all trash and debris removed by Feb. 11, 2025; failure to comply will result in $100-per-day fines and possible city abatement with costs assessed to the property.

City staff described the hearing and notice procedures on the record, including certified-mail and property posting practices for cases required by Florida Statute 162.12. The proceedings were livestreamed and recorded, and staff introduced time-stamped photographs and notices into evidence for the cases heard.

The magistrate’s orders distinguished between discussion, factual findings and formal directions: (1) evidence and photos were admitted into the record; (2) compliance periods and administrative costs were specified where applicable; and (3) fines or abatement steps and potential assessment of abatement costs to properties were explained. Several respondents told the magistrate they planned to pursue permits or follow up with staff to arrange payment; in one case, the owner said permit revisions required changes for sprinkler installation under the 2023 building code and estimated permit issuance in 60–90 days.

Votes at a glance

- Case 24-1141 (436 N. 11th St.; owner: Commonwealth Trust Services, LLC): Order—abate running of fines and grant 90 days to obtain permit; fines resume automatically if no permit issued within 90 days. Balance on record: $20,520 as of the day before the hearing. Outcome: approved (order issued).

- Case 23-2379 (202 Gardenia Ave.; owners: Daryl Gilliam and Ida Esquivel): Finding—property in compliance. Administrative costs entered as lien in the amount estimated at $1,200; staff advised payment-plan options up to 12 months. If unpaid in 12 months, balance reverts to $8,930. Outcome: approved (lien/cost order entered).

- Case USB2025-111 (Avenue D; owner: Carla Zivilos): Finding—vacant/boarded structure in nuisance. Order—secure all openings by Feb. 11, 2025; failure to comply will result in a $100-per-day fine and possible city abatement with costs assessed to the property. Outcome: approved (order issued).

- Case LTCL-2024-10 (322 N. 12th St.; owner: Charlene Christina): Finding—nuisance (overgrown vegetation, trash under vacant structure). Order—cut grass and weeds, trim vegetation and remove debris by Feb. 11, 2025; $100-per-day fines if not complied with and city may abate with costs assessed. Outcome: approved (order issued).

Background and context

Magistrate hearings enforce local property-maintenance standards and allow respondents to present testimony and evidence. City staff explained that permits, once issued, generally pause enforcement provided permit conditions are actively followed; staff said six months is the typical window to complete permitted work. In the 436 N. 11th St. matter, the owner reported multiple prior plan submissions and a change of architects, and requested reduction or waiver of fines; staff said the rules do not allow a waiver while the property remains out of compliance but the magistrate may pause fines pending permit activity.

Next steps

Respondents were directed to work with city staff on permit submissions (where applicable) or payment arrangements and to comply with the deadlines set in the orders. The magistrate closed the hearing after reading case identifications and confirming notice procedures per Florida Statute 162.12.