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2009-10-13605 CITY OF OKEECHOBEE OCTOBER 13, 2009 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 oF5 AGENDA BOARD ACTION - DISCUSSION.• COTE I. CALL TO ORDER - Chairperson: October 13, 2009 Regular Meeting, 6:30 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Frank Irby Board Member Judy Douglas Board Member Randy Huckabee Board Member Bill Ledferd Board Member Jim Pippin Board Member Rennae Sweda Alternate Member Melissa Close Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher October 13, 2009 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea. Present Present Present Absent with consent Present Absent with consent (Melissa Close filled the seat for Member Pippin) Present Present Present Present Present Present IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Sweda moved to dispense with the reading and approve the Summary of Board Action for September 8, 2009; Summary of Board Action for the September 8, 2009 seconded by Member Ledferd. Regular Meeting. VOTE GAMIOTEA - YES IRBY - YES DouGLAS - YES HUCKABEE - ABSENT LEDFERD -YES PIPPIN - ABSENT SWEDA - YES CLOSE - YES Motion Carried. �l I OCTOBER 13, 2009 - CES REGULAR MEETING - PAGE 2 OF 5 AGENDA BOARD ACTION, - DISCUSSION - MOTE' V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on There were no request for the addition, deferral or withdrawal of items on today's agenda. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No. 09-072 Code Officer Sterling testified Arthur Davis was a repeat violator for overgrown vegetation. Property was posted with a notice Arthur Davis. 1100 Blk NW 7' Street of violation/hearing on September 16, 2009. Code Officer Sterling added he was unable to make contact with the owner. Ch 30 Sec 3044 General cleaning & beautification Member Sweda moved to find Case 09-072 Arthur Davis a repeat violator in violation of Ch 30 Sec 30-44 General cleaning, based on testimony of Code Officer Sterling, imposing a fine of $25.00 per day commencing on September 16, 2009; seconded by Member Irby. VOTE GwOTEA - YES IRBY - YES DouGLAs - YES HUCKABEE - ABSENT LEDFERD - YES PIPPIN - ABSENT SWEDA - YES CLOSE - YES MOTION CARRIED. No. 09-073 Code Officer Sterling testified notices of violation/hearing were posted on the property. Officer Sterling talked to property owner N & A Real Estate. 406 NE 4' Street who said it would be mowed, but nothing has been done. Member Sweda moved to find Case 09-073 N& A Real Estate, Inc. Ch 30 Sec 30-44 General cleaning and beautification in violation of Ch 30 Sec 30-44 General cleaning, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day commencing five (5) days from receipt of notice by certified mail; seconded by Member Irby. There was a discussion regarding when the fine would begin if the certified mail was returned. After this discussion Member Sweda amended her motion to impose a fine of $25.00 per day commencing five (5) days from proper notification; seconded by Member Irby. VOTE GAmwEA - YES IRBY - YES DouGLAs - YES HUCKABEE - ABSENT LEDFERD -YES PIPPIN - ABSENT SWEDA - YES CLOSE -YES MOTION CARRIED. 607 OCTOBER 13, 2009 -CES REGULAR MEETING - PAGE 3 OF 5 N AGENDA eOARD :AGTI01- DISCUIQN -:VOTE No. 09-079 Code Officer Sterling testified notices of violation and hearing were posted on the property. However, property is still overgrown N & A Real Estate. NE 5"' Avenue and V Street and nothing has been done to bring the property into compliance. Member Irby moved to find Case 09-079 N&A Real Estate, Ch 30 Sec 3044 General cleaning & beautification and Inc. in violation of Ch 30 Sec 3044 General cleaning, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day commencing five (5) days after proper notification; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES DOUGLAS - YES HUCKABEE - ABSENT LEDFERD -YES PIPPIN - ABSENT SWEDA - YES CLOSE - YES MOTION CARRIED. No. 09-081 Code Officer Sterling testified notices of violation and hearing were received by certified mail. Officer Sterling added this is Atlantis Aggressive Growth Co. 915 SW 2' Street rental property which is vacant at this time. He stated he was unable to make contact with the property owner. Member Douglas Ch 30 Sec 30-44 General cleaning & beautification moved to find Case 09-081 Atlantis Aggressive Growth Co. in violation of Ch 30 Sec 30-44 General cleaning, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day commencing five (5) days after proper notification; seconded by Member Close. VOTE GAMIOTEA - YES IRBY - YES DouoLAS - YES HUCKABEE - ABSENT LEDFERD -YES PIPPIN - ABSENT SWEDA - YES CLOSE - YES MOTION CARRIED. No. 09-M Code Officer Sterling testified he had spoken with the Pastor who told him the property would be cleaned and the old truck Church of God by Faith. 809 NW 11' Street being used for storage would be removed by September 25, 2009. However, nothing was done and the property was posted Ch 30 Sec 3044 General cleaning & beautification with a notice of hearing. Member Irby moved to find Case 09-085 Church of God by Faith, Inc. in violation of Ch 30 Sec 30-44 and Ch 90 Sec 90-170, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day commencing on October 31, 2009 if property is not in compliance by that date; seconded by Member Ledferd. VOTE GAMIOTEA - YES IRBY - YES DOuGLAs - YES HUCKABEE - ABSENT LEDFERD -YES PIPPIN - ABSENT SWEDA - NO CLOSE - YES MOTION CARRIED. OCTOBER 13, 2009 - CEB REGULAR MEETING - PAGE 4 OF 5 AGENDA BARD ACT12Y - DISCUSSION ;i VOTE No. 09-088 Code Officer Sterling testified the notice of violation was received by certified mail on September 11, 2009. After several Marvin Brantley.1905 S. Parrott Avenue inspections, notice of hearing was hand delivered to the property owner for junk items sitting outside of fence. The Code Officer Ch 30 Sec 30-40 Junk and Sec 3043 Public nuisance stated Mr. Brantley told him he had to put the items out in front of the fence in order to sell them. Mr. Sterling added most of the items had been removed as of this afternoon and he felt there was a great improvement, but he could not say it was completely in compliance. Member Ledferd moved to find Case 09-088 Marvin Brantley a repeat violator in violation of Ch 30 Sec 3040 Junk and Sec 3043 Public nuisance, based on the testimony of Code Officer Sterling, imposing a fine of $500.00 per day commencing on September 11, 2009 and continuing until property is found to be in compliance by Code Officer Sterling; seconded by Member Close. VOTE GAMK)TEA - YES IRBY - YES DOuGLAS - YES HUCKABEE - ABSENT LEOFERD -YES PIPPIN - ABSENT SWEDA - NO CLOSE - YES MOTION CARRIED. No. 09-089 Code Officer Sterling testified the notice of violation and hearing were both received by certified mail. Mr. Sterling stated the Okeechobee -FL Properties. 2000 Blk S Parrott Avenue property owner's office and the lawn service both contacted him saying it would be mowed by October 13, 2009. However, Ch 30 Sec 30-44 General cleaning & beautification when it was checked this morning it was not mowed. The Code Officer stated he had been advised it was mowed later in the afternoon, but he had not been able to verify compliance before tonight's meeting. Member Sweda moved to find Case 09-089 Okeechobee -FL Properties a repeat violator in violation of Ch 30 Sec 30-44 General cleaning & beautification. Imposing a fine of $50.00 per day commencing on October 14, 2009 if not found to be in compliance by Code Officer Sterling on that date and fine will continue to accrue daily until property is found to be in compliance by Officer Sterling; seconded by Member Ledferd. VOTE GAmioTEA - NO IRBY - YES DOuGLAS - YES HUCKABEE - ABSENT LEDFERD -YES PIPPIN - ABSENT SWEDA - YES CLOSE - YES MOTION CARRIED. 609 OCTOBER 13, 2009 - CEB REGULAR MEETING - PAGE 5 of 5 AGENDA _ BOARD ACTION - DISC USSIO - VOTE ADJOURNMENT - CHAIRPERSON GAMIOTEA. amie Gamiotea, Chairperson ATTEST: Sue Chdstopher,Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:50 P.M. NDEPENDENT _ _ ® NEWSPAPERS OKEECHOBEE- NEWS 107 S W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being ate' 11 in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues ��of 00. /� Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judi Kasten Sworn to and subscribed before me this d t day of �`A fl '7 �, C C AD -G=�-- Notary Public, State of Florida at Large •1� Ni)TARY PUBLICSTATE OF •" Angie Bridges Commission # D D M Expires: APR.20, BONDED THRU ATLANTIC BONDING C CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY.MM that the City of Okeechobee Code Enlace— ment Board will be meeting on October 13, 2009, at 6:30 µµm. City Hal, 55 SE 3rd Ave, Rm 200, obee, Florida. The public is Invited and ancaurraagged to attend: PLEASE TAKE NOTICE -AND BE ADVISED that no stenographic record byyy a certified court reporter will be made of the meeting. Accord Ingh/, am/ Person who may seek to appeal airy onimmlving the mat- ters rho8ced herein will be respot�ble for maidng a verbatim record of the to be based, ed, and evidence contact Sue � mChristo upon�23, ealor w to obtain a of the agenda• In accnoereddafnncgeswwithh� A �Diissab�litpka[se In Is (AbDA)o�90 Id of 1990 pe—conact the Fre Department at 863-%3-4423 for assist nce. bbyy;: Jamie Gemiotea, Code Board Chairpesah 335757 ON 10/9/09 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 13, 2009 OFFICIAL AGENDA PAGE 1 OF 2 1. CALL TO ORDER - Chairperson: October 13, 2009 Regular Meeting, 6:30 p.m. 11167 :3� P'�' II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Frank Irby ✓ Board Member Judy Douglas Board Member Randy Huckab�e Board Member Bill Ledferd ✓ �� i( 5e_� Board Member Jim Pipping Board Member Rennae Sweda Alternate Member Melissa Close Board Attorney John Cook-,' Fire Chief/Code Enforcement Officer Herb ,Smith Code Enforcement Officer Fred Sterling ✓ Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the September 8, 2009 Regular Meeting.��` V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. III /C, ot PAGE 2 OF 2 VI. NEW BUSINESS. Vll. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 09-072 Arthur Raymond Davis 1100 Blk NW 71h Street 09-073 N & A Real Estate Inc. 406 NE 4u' Street 09-079 N & A Real Estate Inc. NE 5' Avenue & 3'ti Street 09-081 Atlantis Aggressive Growth Co. 915 SW 2' Street 09-085 Church of God by Faith, Inc. 809 NW 111h Street 09-088 Marvin Brantley 1905 S Parrott Avenue 09-089 Okeechobee -FL Properties 2000 Blk S Parrott Avenue ADJOURN MEETING - Chairperson. Violation Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 3044 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification and Ch 90 Sec 90-170(j ) Tie downs Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisance Ch 30 Sec 3044 General cleaning & beautification PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the Fire Department. -f Q12 ^"d' NOv u2cc-5 2Ee 6A? n 5 s 111 0Ca-0-7a1 Cti CL r — cSm / 11" 1 k4 ©�-0l/H or- "�r l YC{� C✓l z{ ( U I I ----- ylM j Nj� q- C. q Y'VCL . l Me �a T�f '-AE'.�ir., 7'1 -/ �'fJ J / �r 1 ✓ a /Jew i� e.- titer -a'7,1 T �'EC64.v LAQ A)Z)) T ! 61c ' L6 �� .� � C, ,i,r, (✓✓� il��(,�:.y�—i C, ��-HC �' `��, — � .' L, ti t-'z`-�� ^ `"2 r�� fij�`C,t`L�v �-�,t.� ..� ��1:Lc -t CODE ENFORCEMENT BOARD 0 Q V06 r 13, a D rot October 13, 2009 Case No. Name Fine Started 90 Days Code Board Action 07-160 Arthur Davis $25/day 6/30/08 9/27/08 1100 Blk NW 6" Street 08-114 Suet -Fong Tsang $50/day 10/29/08 1/26/09 800 Blk NW 12'h Street 08-122 Cody Brown $50/day 10/20/08 1/17/09 813 SE 3' Street 08-173 Marie Fenton $50/day 4/02/09 7/01/09 700 Blk SE 121' Ave. 09-063 David & Kimberly Black $25/day 9/23/09 12/21/09 609 SE 1101 Avenue 09-069 Stanley P. Lemos $25/day 9/23/09 12/21/09 914 SE 14`h Court 09-070 Stanley P. Lemos $25/day 9/23/09 12/21/09 1004 SE 14`h Court 6/10/08 - Imposed fine on 6/30/08 for general cleaning. 10/14/08- Recommended to proceed with foreclosure (approved 10/21/08 for Lots: 11 -14 Blk: 18) 10/14/08 - Imposed fine on 10/29/08 for general cleaning - In compliance as of 5/12/09-fine stopped 5/12/09 - Recommend to proceed with foreclosure 10/14/08 - Imposed fine on 10/20/08 for general cleaning and public nuisances. - In compliance as of 3/17/09 - fine stopped 3/10/09 - Imposed fine on 4/2/09 for general cleaning - In compliance as of 4/20/09 - fine stopped 9/08/09 - Imposed fine on 9/23/09 for general cleaning 9/08/09 - Imposed fine on 9/23/09 for general cleaning 9/08/09 - Imposed fine on 9/23/09 for general cleaning Ochiww is a009 City of Okeechobee Code Board Meeting October 13th, 2009 Case #09-072 Arthur Raymond Davis I 100 Block NW 7th Street • 06/11/2009 — Sent Courtesy Letter. • 07/22/2009 — Sent Notice of Violation. Mr. Davis is a repeat violator. • 08/01/2009 —Notice of Violation received, signed for by Arthur Davis • 08/03/2009 — Inspected property, not in compliance. • 08/13/2009 — Sent Notice of Hearing. • 08/24/2009 — Inspected property, not in compliance. • 09/02/2009 — Notice of Hearing returned, unclaimed. • 09/16/2009 — Posted property. • 09/29/2009 — Inspected & Photographed property, not in compliance. • 10/05/2009 — Inspected property, not in compliance. • 10/13/2009 — Inspected & photographed property, not in compliance. .r a �. � � i4` � � r � � �;� v. � � i r� _ y "rr..A+: ... .. 4 i y �� K i � �t ai � tv�r a � ;.# � �L � y t ��, a. .�'"' . _ r ,_ * r =�r �,� *� , �` .,�� 'fy; �y4 i r ����� , � 4 Photographed 09/29/2009 ,�,. - r �,,-� Case #09-073 N & A Real Estate, Inc. 406 NE 41h Street • 06/11/2009 — Sent Courtesy Letter. • 07/22/2009 — Sent Notice of Violation. • 08/17/2009 — Inspected property, not in compliance. • 08/31/2009 — Notice of Violation returned, unclaimed. • 09/16/2009 —Posted property with Notice of Violation. • 09/29/2009 — Photographed & posted property with Notice of Hearing. • 10/05/2009 — Inspected & photographed property, not in compliance. • 10/13/2009 — Inspected & photographed property, not in compliance. t;, Photographed & posted with NOH 09/29/2009 Photographs taken 10/05/2009 Case # 09-079 N & A Real Estate, Inc. NE 51h Avenue & 3rd Street • 07/10/2009 — Sent Courtesy Letter. • 08/03/2009 — Inspected property, not in compliance. • 08/04/2009 — Sent Notice of Violation. • 08/20/2009 — Notice of Violation returned, unclaimed. • 09/14/2009 — Inspected property, not in compliance. • 09/16/2009 — Posted property with Notice of Violation. • 09/29/2009 - Photographed & posted property with Notice of Hearing. • 10/05/2009 — Inspected & photographed property, not in compliance. • 10/13/2009 — Inspected & photographed property, not in compliance. Photographed & posted NOH 09/29/2009 o A m 4 fi, { a` i, Case #09mO81 Atlantis Aggressive Growth Co. 915 SW 2nd Street • 07/29/2009 — Sent Courtesy Letter. • 08/18/2009 — Inspected property, not in compliance. • 08/19/2009 — Sent Notice of Violation. • 08/20/2009 — Notice of Violation received, signed for by Swarre Yogai (name hard to read). • 09/14/2009 — Inspected property, not in compliance. • 09/17/2009 — Sent Notice of Hearing. • 09/18/2009 — Notice of Hearing received, signed for by Swarre Yogai (name hard to read). • 09/29/2009 — Inspected & photographed property, not in compliance • 10/05/2009 — Inspected property, not in compliance. • 10/13/2009 — Inspected & photographed property, not in compliance. i / A+' �� Jf ' f , q- . mmitv air• _ . {i � ti .44 .. s 4 z . • H a r �#. i •VI [f yg� spa . 1 elf!! Ou i +.+ ^✓ Photographed 10/13/2009 Case #09-085 Church of God by Faith, Inc. • 08/07/2009 — Sent Courtesy Letter. • 08/26/2009 — Inspected property, not in compliance. • 08/27/2009 — Sent Notice of Violation. • 09/14/2009 — Inspected property, not in compliance. • 09/15/2009 — Notice of Violation returned, unclaimed. • 09/16/2009 — Spoke with the pastor, will have the shed removed by 09/25/2009 • 09/28/2009 — Inspected property, not in compliance. • 09/29/2009 - Photographed & posted property with Notice of Hearing. • 10/06/2009 — Inspected property, not in compliance. • 10/13/2009 — Inspected & photographed property, not in compliance. I Md MAN Case #09-088 Marvin Brantley • 09/10/2009 — Sent Notice of Violation. • 09/11/2009 - Notice of Violation received, signed for by M. Brantley. • 09/15/2009 - Inspected property, not in compliance. • 09/22/2009 — Inspected property, not in compliance. • 09/28/2009 — Inspected property, not in compliance. • 09/29/2009 — Hand delivered Notice of Hearing. — Spoke to Mr. Brantley about problem. He stated that he needed to put items out front in order to be able to sell them. • 10/05/2009 — Inspected property, not in compliance. • 10/12/2009 — Inspected property, they were in the process of cleaning the property. • 10/13/2009 — Inspected & photographed property, great improvement. x �a � kyyt 1 JJ� ' 1 A 40, y ""VAP(m� i. � —v h z � 4 `'�: '� 'f ter' '� y� i"d r' •� �'R7��`� � , j f s �� *fin►4 ! Ilk `! l . 4► Wirt y'Y V •, 'yid � - �j � • t � ,.' . H'• �A' C. ' per: .. ,�M� - :' .. _.�.,� Case #09-089 Okeechobee -FL Properties LLC • 09/10/2009 — Sent Notice of Violation. • 09/12/2009 — Notice of Violation received, signed for by Karen Saas. • 09/15/2009 — Inspected property, not in compliance. • 09/22/2009 — Inspected property, not in compliance. • 09/28/2009 — Inspected property, not in compliance. • 09/29/2009 — Sent Notice of Dearing. • 10/01/2009 — Notice of Hearing received, signed for by Karen Saas. • 10/02/2009 — They called, will get it mowed. • 10/05/2009 — Inspected property, not in compliance. • 10/08/2009 — Lawn maintenance company called, will have it mowed by 10/13/2009. • 10/13/2009 — Inspected & photographed property, not in compliance. aye ,rg,, + _ i Yr Lf 0 "ty •�i ��•111fff : a . 1W'%m tA Photographed 10/13/2009 AAW 7� Ft o