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2010-03-09620 CITY OF OKEECHOBEE MARCH 9, 2010 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION Aur-RUA I. CALL TO ORDER - Chairperson: March 9, 2010 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 Melissa Close Board Member Judy Douglas Board Member Randy Huckabee Board Member Jim Pippin Board Member Rennae Sweda Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher BOARD ACTION - DISCUSSION - VOTE March 9, 2010 Code Enforcement Board meeting was called to order at 6:32 p.m. by Chairperson Gamiotea. Present Present Present Absent with consent Present Present Absent with consent Present Absent Present Present PAGE 1 OF4 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Irby moved to dispense with the reading and approve the Summary of Board Action for February 9, 2010; seconded Summary of Board Action for the February 9, 2010 Regular by Member Huckabee. Meeting. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOuGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - ABSENT Motion Carried. 621 MARCH 9, 2010 - CEB REGULAR MEETING - PAGE 2 OF 4 AGENDA I!I BOARD ACTION - DISCUSSION - VOTE V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No. 10-011 Serafin Cervantes. 209 SW 71' Avenue Ch 90 Sec 90-167 Standards for single family dwellings No. 10-014 David Black. 1009 SE 7' Street Ch 30 Sec 30-44 General cleaning & beautification Board Attorney John Cook requested the withdrawal of Case 09-098, Bank of America, from today's agenda due to improper notification. Code Officer Sterling testified he had received a complaint of someone living in a shed on this property, the shed does not meet the standards for single family dwellings. When the property owner, Serafin Cervantes, received the notice of violation, he came in and talked to the City Engineer, Oscar Bermudez, stating the shed was used only for storage and no one was living there. However, when the City Engineer went to look at the property it appeared to him that someone was living in the shed. In addition, the City Police Department responded to a call at this location on January 17, 2010. Their report clearly stated contact was made with someone living in the shed. Member Irby moved to find Case 10-011 Serafin Cervantes, in violation of Ch 90 Sec 90-167 Standard for single family dwellings based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning fourteen (14) days from today; seconded by Member Pippin. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. Code Officer Sterling gave testimony this property was in compliance as of March 8, 2010. No action was taken by the Code Enforcement Board. MARCH 9, 2010 -CEB REGULAR MEETING - PAGE 3 OF 4 622 No.10-015 David Black. 609 SE 101 Avenue Ch 30 Sec 3044 General cleaning & beautification No.10-016 Wendi Snow. 801 SE 61' Court Ch 30 Sec 30-44 General cleaning & beautification 1 Code Officer Sterling testified this property was in compliance as of March 8, 2010. No action was taken by the Code Enforcement Board. Code Officer Sterling testified the property was in violation from February 9, 2010 until March 8, 2010. He added this location has continually been a problem and he spoke with the owner today informing her it needed to be mowed on a consistent basis. Member Huckabee moved to find Case 10-016 Wendi Snow, in violation of Ch 30 Sec 30-44 General cleaning from February 9, 2010 until March 8, 2010, based on the testimony of Code Officer Sterling, therefore in the future this property owner will be considered a repeat violator; seconded by Member Close, VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. 523 MARCH 9, 2010 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA IF BOARD ACTION - DISCUSSION VOTE ADJOURNMENT - CHAIRPERSON GAMIOTEA. amie Gamiotea, ATT ST: Sue Christopher, 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 6:55 P.M. INDEPENIC r.TEWSP PEES OKFF('H0I3Fa NRVS STATE OF FLORIDA COUNTY OF OKEEC140BEE 107516.7?Q�Stn•rt,Suitrl?,Okrochiiler,l=1_ i�J-�P� 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 a',r_ -- r in the matter of I L L ' f in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of — 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. Judy Kasten Sworn to and subscribed before me this ---day of _, 1 • �' AD Notary Public, State of Florida at Large ,rr s NOTARY PUBL ,-STATE OF FLCRIUE Angie Bridges t f omc;;ission #Dli7J971 Expires: APIt. 20, 2012 30NI)Fj)'IWI2LJ ATLANTIC AONOINC, CO., INC (8631763-3134 CTTY CODE ENFORCEMENT BOARD MEETING NOTICE Is Hbe EREBY GIVEN that the City of Okeechobee Code Enforce - on T mt Halla55 SEI3rd Ave,bRm 200, Oak aV, March 9, 2010, at 6:30 p,"L and encouraged to attend. eechobee, Florida. The public is invit- 'LEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a tifipeed court reporter will be made of the foregoing meeting. Accordingly, d heren will Bare seek to appeal any decision involving the matters no - and evidence at said meetibleng for making a verbatim record of the testimo. Ise contact Sue Christopher upon which orwyeostappeal is to be based. ry dtvofok erhobe� rem r accordance—� wibi the Amteripnmwdh DrsabiBtiest f the agenda. of 1990 per- : needing special accommodation to participate in this proceeding rki contact the Fire Department at 863-763-4423 for assistance. Jamie Gamiotea 150 ON 3/5/10 , Code Boats Chairperson I CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MARCH 9, 2010 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: March 9, 2010 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 Melissa Close Board Member Judy Douglas Board Member Randy Huckpbee Board Member Jim Pippin Board Member Rennae Sweda w�r�15� 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 February 9, 2010 Regular Meeting.(' V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. f PAGE 1 of 2 PAGE 2 OF 2 VI. NEW BUSINESS. VII. A. Disposition of Cases presented by Code Officer Sterling; Case No. Name & Address 10-011 Serafin Cervantes 209 SW 711 Avenue 10-014 David Black 1009 SE 71' Street 10-015 David Black 609 SE 10t' Avenue 10-016 Wendi Snow 801 SE 6' Court 09-098 Bank of America 301 SE 3'" Street ADJOURN MEETING - Chairperson. Violation Ch 90 Sec 90-167 Standards for single family dwellings Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification Fine has accrued over ninety days. 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—xh;b;i "*1- CODE ENFORCEMENT BOARD marc h Q, a of O March 9, 2010 Case No. Name Fine Started 90 Days Code Board Action 07-160 Arthur Davis $25/day 1100 Blk NW 6' St. (Lots:I 1- 14) 08-122 Cody Brown $50/day 813 SE 3r° St. 08-173 Marie Fenton $50/day 700 Blk SE 12`b Ave. 09-072 Arthur Davis 1100 Blk NW 6"' St. (Lots:6 - 8) 09-088 Marvin Brantley 1905 S Parrott Ave. 09-095 Citimortgage Inc. 135 SE 1P Avenue 09-097 Bank of New York Trust Co. 805 SE 10t' Street 09-098 Bank of America 301 SE 3" Street 09-090 Fremont Investment & Loan 517 NW 12"' Street 6/30/08 9/27/08 10/20/08 1/17/09 4/02/09 7/01/09 $25/day 9/16/09 12/14/09 $500/day 9/11/09 12/9/09 $15/day 11/24/09 2/21/10 $25/day 11/25/09 2/22/10 $25/day 11/25/09 2/22/10 $25/day 1/22/10 4/21/10 6/10/08 - Imposed fine on 6/30/08 for general cleaning. 10/14/08- Recommended to proceed with foreclosure (approved 10/21/08) 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 10/13/09 - Imposed fine on 9/16/09 for a repeat violation of general cleaning 1/12/10 - Recommended to proceed with foreclosure (approved 1/19/10) 10/13/09 - Imposed fine on 9/11/09 for a repeat violation of junk/public nuisance - In compliance as of 10/14/09 - fine stopped 11/10/09 - Fine reduced to $1,000.00 I1/10/09 - Imposed fine on 11/24/09 for general cleaning - In compliance as of 2/12/10 - fine stopped 11/10/09 - Imposed fine on 11/25/09 for general cleaning - In compliance as of 3/1/10 - fine stopped I1/10/09 - Imposed fine on 11/25/09 for general cleaning 1/12/10 - Imposed fine on 1/22/10 for public nuisance (unsecured bldg) FM4,b;'+ 01. Moxcln q, a0 t o City of Okeechobee Code Board Meeting March 9, 2010 Case #10-011 Serafin Cervantes 209 SW 7t" Avenue Sect. 90-167 - Standard for single family dwelling units. • 01/26/2010 — Received complaint that people were living in a shed. • 01/28/2010 — Sent Notice of Violation. Asked city PD to keep on eye on property. • 01/29/2010 — City PD gave us a case report about an investigation at said property (enclosed). • 02/01/2010 — Notice of Violation received, signed for by Serafin Cervantes. • 02/04/2010 — Mr. Cervantes came in and spoke to Oscar Bermudez (city engineer) and claimed that the shed was used for storage only. • 02/05/2010 — Oscar went by the property and it was his opinion that people were living in the shed. • 02/19/2010 — Sent Notice of Hearing. • 02/20/2010 — Notice of Hearing received, signed for by Raul Dominguez. OKEECHOBEE POLICE DEPARTMENT Officer Report for Incident 100119019 Nature: CODE ENFORCE Address: 209 SW 7TH AVE Location: SW OKEECHOBEE FL 34974 Received By: T HOUSTON Responding Officers: Responsible Officers: J BERNST When Reported: 17:00:56 01/19/10 How Received: T Agency: OCPD Disposition: CLO 01/19/10 Occurred Between: 17:00:29 01/19/10 and 17:00:29 01/19/10 Assigned To: Detail: Date Assigned: Status: Status Date: **/**/** Due Date: Complainant: 2476 Last: STERLING DOB: Race: W Sea: M First: FRED Phone: (863)634-7208 cell �? Mid: Address: 55 SE 3RD AVE City: OKEECHOBEE, FL 34974 Offense Codes Reported: NC Not Classified Observed: CODE CE VIOLATION Additional Offense: CODE CE VIOLATION Circumstances BM88 No Bias Responding Officers: Unit J BERNST 7 Responsible Officer: J BERNST Agency: OCPD Received By: T HOUSTON Last Radio Log: 17:01:32 01/19/10 CMPLT How Received: T Telephone Clearance: RTF Report to Follow When Reported: 17:00:56 01/19/10 Disposition: CLO Date: 01/19/10 Judicial Status: Occurred between: 17:00:29 01/19/10 Misc Entry: and: 17:00:29 01/19/10 Modus Operandi: Description : Method Involvements Date Type Description 01/20/10 Officer Report for Incident 100119019 O1/19/10 Name STERLING, FRED Complainant 01/19/10 Cad Call 17:00:56 01/19/10 Information Initiating Call Page 2 of 4 01/20/10 9 Officer Report for Incident 100119019 Narrative Okeechobee City Police Department Investigation Narrative On Tuesday, January 19, 2010, I, Sergeant J. Bernst, was advised at evening briefing by Sgt. Wendt that code enforcement officer Fred Sterling was requesting information about subjects living in outbuildings at 209 SW 7th Avenue. It happens that on 01/17/00 at approximately 0330 hours, myself and Officers Almazon and Cisneros were at that address attempting to make contact with someone in reference to a battery case that Officer Boon was investigating. While on the property, we made contact with a subject living in north end of the property. The property was also littered with if not hundreds, of beer cans and bottles along with some trash advised that code enforcement had received a complaint about the sewage coming from the property, however, that was not observed. advised that code enforcement requested a report be completed in this property. Responsible LEO Approved by: Date Page 3 of 4 a shed on the several dozen, Sgt. Wendt smell of Sgt. Wendt reference to 01/20/(0 Officer Report for Incident 100119019 Page 4 of 4 Name Involvements: Complainant : 2476 Last: STERLING First: FRED Mid: DOB: **/**/** Address: 55 SE 3RD AVE Race: W Sex: M Phone: (863)634-7208 City: OKEECHOBEE, FL 34974 cell 0 l /20/ 10 § 90-193 (9) Public utility. OKEECHOBEE CODE (10) Permitted uses in excess of 45 feet in height. (11) Residential migrant housing facility. (12) Adult family care homes or assisted living facilities as provided by law. (LDR 1998, § 352; Ord. No. 866, § 1, 8-17-2004) Sec. 90-194. Minimum requirements for spe- cial exceptions for residential migrant housing facilities. The city, in the interest of aesthetics, health, safety and welfare of the general population, deems it desirable and necessary to define and set forth the minimum requirements to obtain a special exception for residential migrant housing facilities in the RMF district as follows: (1) Any application for special exception for residential migrant housing facility shall also include the additional information of this section. (2) The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms, and list the maximum number of persons who may occupy each structure pursuant to the provisions of F.S. § 381.008, or other applicable state or federal provisions. Such application shall include a state permit to operate a migrant housing facility pursu- ant to F.S. § 381.0081. (3) The owner of the facility shall submit an affidavit stating that the facility shall be inhabited solely by individuals and their families who are migrant farm workers employed in active agricultural opera- tions, together with the name and loca- tion of such operation; and that the facil- ity shall not be inhabited on a yearround basis, except that single individual or family may occupy the facility yearround if they act as caretakers under a contract therefor with the owner. (4) The facility shall not house a number of persons in excess of dwelling unit densi- ties for affordable housing set out in sec- tion 90-76. (5) No migrant facility shall be located closer than one mile from any other licensed migrant facility, and no migrant facility shall be located within 1,000 feet of any church or school. (6) Any migrant facility shall comply with all other regulations and land use regula- tions for density, setbacks or other require- ments of this zoning classification. (LDR 1998, § 352) Sec. 90-195. Customary accessory uses Each permitted principal use and special ex- ception use in the RMF district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 353) Sec. 90-196. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMF district shall be as follows: (1) Minimum lot area. a. Single-family dwelling and Area 6,250 square feet zero lot line single-family Width 50 feet dwelling: b. Two-family dwellings: Area 6,250 square feet for each dwelling unit Width 100 feet c. Multiple -family dwellings: Area 4,356 square feet for each dwelling unit Supp. No. 2 CD90:18 Case #10-016 Wendi Ann Snow 801 SE 6th Court Sect. 30-44 General Cleaning &Beautification 12/30/2009 — Sent Courtesy Letter. O1/11/2010 — Inspected property, i compliance. 02/08/2010 — Inspected property, i compliance. 02/09/2010 — Sent Notice of Violate 02/23/2010 — Inspected property, i compliance Overgrown grass Case #10-016 - Wendi Ann Snow a, • 02/25/2010 — Posted property. • 03/01/2010 — Inspected property, not in compliance.