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2010-08-10CITY OF OKEECHOBEE AUGUST 1 O, 2010 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA CALL TO ORDER - Chairperson: August 10, 2010 Regular Meeting 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 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the May 11, 2010 Regular Meeting. PAGE 1 OF4 BOARD ACTION - DISCUSSION - VOTE August 10, 2010 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea, Present Present Present Absent with consent Present Present Present Absent Absent Present Present Member Irby moved to dispense with the reading and approve the Summary of Board Action for May 11, 2010; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - YES MOTION CARRIED. G b6U AUGUST 10, 2010 - CEB REGULAR MEETING - PAGE 2 OF 4 BOARD ACTION - DISCUSSION - VOTE V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case #10-058, due to compliance, and Case #10-060, due to lack of proper today's agenda. notification, from today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No.10-051 Code Officer Sterling testified Notice of Violation had been returned and he had been unable to make contact with property David Black. 1009 SE 7"' Street owner, David Black. Therefore he posted notification of hearing on the property, but nothing has been done to bring the Ch 30 Sec 30-44 General cleaning & beautification property into compliance. Member Sweda moved to find Case #10-051 David Black,1009 SE 7" Street, a repeat violator in violation of Ch 30 Sec 30-44 based on the testimony of Code Officer Sterling, imposing a fine of two -hundred dollars per day to begin immediately. Member Sweda amended her motion to begin the fine of two -hundred dollars on August 17, 2010; seconded by Member Huckabee. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - YES MOTION CARRIED. No. 10-052 Code Officer Sterling testified he hand delivered notice of violation/notice of hearing to the property owner. However, nothing N & A Real Estate. NW 121h Street & 9' Avenue has been done to bring the property into compliance. Code Officer Sterling stated N & A Real Estate is a repeat violator for Ch 30 Sec 30-44 General cleaning & beautification overgrown vegetation. Member Huckabee moved to find Case #10-052 N & A Real Estate, NW 121 Street & 9' Avenue, a repeat violator in violation of Ch 30 Sec 30-44 based on the testimony of Code Officer Sterling, imposing a fine of two -hundred dollars per day beginning August 17, 2010; seconded by Member Sweda. WWI L. GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - YES MOTION CARRIED. Vv I AUGUST 10, 2010 -CEB REGULAR MEETING - PAGE 3 OF 4 II AGENDA IN BOARD ACTION -DISCUSSION - VOTE II No. 10-057 Code Officer Sterling advised the Board Attorney Cook recommended Case #10-057 Wells Fargo Bank, be postponed to Wells Fargo Bank NA. 804 SW 2nd Avenue allow sufficient time to clear up some questions as to the legal property owner. Member Irby moved to postpone Case #10-057 Ch 90 Sec 90-222 Commercial Professional & Office District until the next regularly scheduled meeting; seconded by Member Close. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - YES MOTION CARRIED. No. 09-090 Code Officer Sterling advised the Board Attorney Cook is in the process of doing some research on Fremont Investment and Fremont Investment & Loan. 517 NW 12' Street Loan and requested the Board review this at the next meeting. After some discussion the Code Board decided not to take Fine has accrued over ninety days any action at this time. However, they requested Code Officer Sterling have this property declared a public nuisance in order in to have the public works department board up and secure the structure. 100L AUGUST 10, 2010 - CEB REGULAR MEETING - PAGE 4 OF 4 1 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II ADJOURNMENT - CHAIRPERSON GAMIOTEA. �1 ie Gamiotea, Chairperson ATTE 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 7:05 P.M. I '0 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD AUGUST 1 % 2010 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: August 10, 2010 Regular Meeting, 6:30 pm. 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 (4 c,4c cvt t W-�— Board Member Randy Huckabee✓ Board Member Jim Pippin Board Member Rennae Sweda ✓ Board Attorney John Cook tq- Fire Chief/Code Enforcement Officer Herb Smith A 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 May 11, 2010 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 G ,� -(,C/ PAGE 2 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 10-051 David Black 1009 SE 7" Street 10-052 N & A Real Estate, Inc. NW 12`h Street & 9" Avenue 10-057 Wells Fargo Bank NA 804 SW 2Id Avenue 10-058 Alan Huff �' 2007 SW 6`h Avenue ���� 10-060 Ben Smith 900 Blk NW 12`h & 13`h Street Fremont Investment 517 NW 12" Street ADJOURN MEETING - Chairperson. Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 3044 General cleaning & beautification Ch 90 Sec 90-222 Commercial Professional & Office District Ch 30 Sec 30-44 General cleaning & 30-43 Public nuisance 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. MI nv4a U,s r ��#i,u -Ae��" C- T C� G SL J 1a2t ) , .B -INDEPENDENT NEW5YAMRS (11<[ F CHC)13LC NEWS !'-th $, (863�63-313a ,(, 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 Nees, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 'A` Lr w in the matter of �.LC�G•'' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Y 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 saps 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. fudy Kasten Sworn to and subscribed before me this r �F —day of _L i i-- ijAD Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORIM. Anrsie Bridges D7 Comm�# ission B�7971 Expires: APR. 20, 2012 BONDED THRU ATLJINTIC BONDINQ CO„ INC. CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforce- ment Board will bemeeting on Tuesday August 10, 2010, at 6:30 p.m. or as soon thereafter, City Hall, 55 SE 3A Ave, Rm 200, Okeechobee, Flori- da. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED Nat no stenographic record by a certified court reporter will be made of the foregoing meeting. Aanrdingo, any n who may seek to appeal any decision Involving the matters no- [ky in will be responsible ffnogrr mppaooking a verbatim record of the testimo- Please contact evidence. at C hris[om er'`863U763-4423, orweb site al is to be based. www dtvofokegme com to obtain a copy of the agenda. In acoordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the Fire Department at 863-763-4423 for assistance. by: Jamie Gamiotea, Code Board Chairperson 362224 ON 8J6(10 CODE ENFORCEMENT BOARD Aruj ts}- 18j 2410 August 10, 2010 �J 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 611 St. (Lots:I 1- 14) 08-122 Cody Brown $50/day 10/20/08 1/17/09 813 SE 3`d St. 08-173 Marie Fenton $50/day 4/02/09 7/01/09 700 Blk SE 12`h Ave. 09-072 Arthur Davis $25/day 9/16/09 12/14/09 1100 Blk NW 6th St. (Lots:6 - 8) 09-088 Marvin Brantley $500/day 9/11/09 12/9/09 1905 S Parrott Ave. 09-090 Fremont Investment & Loan $25/day 1/22/10 4/21/10 517 NW 12`h Street 10-005 Dan Buchanan $50/day 3/09/10 6/06/10 805 NW 9`' Street 6/10/08 - Imposed fine on 6/30/08 for general cleaning. 10/14/08- Recommended to proceed with foreclosure (approved 10/21/08) - In compliance as of 3/17/10 - fine stopped 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) - In compliance as 3/17/10 - fine stopped 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 1/12/10 - Imposed fine on 1/22/10 for public nuisance (unsecured bldg) 2/09/10 - Imposed fine on 3/9/10 for disabled vehicle and public nuisance - In compliance as of 4/29/10 - fine stopped Au8asi- ID, ; av City of Okeechobee Code Board Meeting August 10, 2010 Case # 10=051 David Black 1009 SE 71h Street Sec. 30-44 General Cleaning & Beautification • 4/28/2010 — Courtesy Letter Sent. • 5/03/2010 — Inspected property, not in compliance. • 5/18/2010 — Inspected property, not in compliance. • 6/03/2010 — Mailed Notice of Violation. • 6/22/2010 — Inspected property, not in compliance. • 7/03/2010 — Posted property with Notice to Appear (Notice of Hearing) • 7/06/2010 — Inspected property, not in compliance. • 7/28/2010 — Inspected property, not in compliance. NOTICE 0 APP.EA Dpvi, Respondem t'ifless Respon lent corrects t 'A `olation described hereii By the data set forth AN.I.) contacts the undol %erif'N compliance. NOTICE IS HEREBY GIVEN that the alle- N iolation(s) %r ill be presented in the City Council Charnbef 55 S I., Ird Mccellobee, UT on the ) A. . OEENEFM=L . z f Dawd this da f11,1 h u 11) lit 11 4) t jtJl.. -S-IT 1PQ I idt.: ( ON of ( )keudlobev s Case #10=052 N & A Real Estate NW 9th Avenue & 12th Street Untended Vegetation & General Cleaning • 04/28/2010 — Sent Courtesy Letter. • 06/03/2010 — Sent Notice of Violation. • 06/24/2010 — Notice of Violation Returned — Unclaimed • 07/30/2010 — Hand Deliver Notice to Appear 8/1 U/ZU1 U 9:UU:1 b AM Case # 10-057 Wells Fargo Bank/Elizabeth Tivan 804 SW 2nd Avenue Zoning Violation -CPO Zone used as Residence Posted property 7/30/2010 Case # 10-057 Wells Fargo Bank/Elizabeth Tivan 05/12/2010 - Courtesy Letter sent. 06/17/2010 — Sent Notice of Violation. 06/21/2010 — Notice received 07/23/2010 — Sent Notice of Hearing 07/26/2010 — Notice of Hearing received. 07/30/2010 — Posted property. 08/02/2010 — Spoke to Ms. Sullivan, she states that she is the property owner and is fighting the foreclosure. Told her that the property had been rezoned CPO in 2006. She is going to come in and see Betty. O8/09/2010 — She has not come in as of this date.