Special magistrate gives Dunkin' owner 45 days to obtain certificate of use in Fort Pierce

A Fort Pierce special magistrate ordered the owner of the Dunkin' at 4822 South U.S. Highway 1 to obtain a certificate of use within 45 days or cease business operations, ruling that the city established a code violation.

The order came after City of Fort Pierce code enforcement officer Heather Debevec presented photographs and notice mailings for case CE20262074822 and said the matter was initiated March 30 for an alleged violation of Ordinance 22-20(a), which requires a certificate of use. Debevec told the magistrate she submitted the city's composite exhibit into evidence and recommended 30 days for compliance.

Respondent Patrick Kane, who identified himself as the Dunkin' owner and franchisee operator, told the special magistrate that his controller missed the filing and that the franchise's corporate notice addresses were not the locations where mailed notices went. "We frankly got a picture of this when it was put on the door," Kane said, and he confirmed an application had been submitted on the 22nd and that he was working to schedule building and fire inspections.

Special Magistrate Jamie Barrow said the court accepted the city's exhibit and "finds that a violation exists" and ordered a 45-day compliance period. Barrow said, "Failure to comply within the time provided will result in a fine of $250 per day being assessed," and that utilities to the business could be suspended while the violation continues. The magistrate also informed Kane of a 30-day right to appeal.

The magistrate noted the city's initial recommendation of 30 days and said the additional 15 days provided some scheduling cushion for inspections and permit processing. Kane acknowledged the timeline and said he would contact code enforcement if more time were needed.

The special magistrate's order is administrative; it carries the specified fine and appeal rights under the city's code and does not itself pronounce criminal liability. The case record shows the city submitted photographs dated March 26 and notices; the respondent said he began remedy efforts after receiving the door notice and filing the certificate-of-use application on the 22nd.