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2010-10-12CITY OF OKEECHOBEE OCTOBER 12, 2010 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA CALL TO ORDER - Chairperson: October 12, 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 BOARD ACTION - DISCUSSION - VOTE October 12, 2010 Code Enforcement Board meeting was called to order at 7:00 p.m. by Chairperson Gamiotea. Present Present Present Present Absent with consent Present Present Present Absent Present Present PAGE 1 OF3 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 August 10, 2010; seconded Summary of Board Action for the August 10, 2010 Regular by Member Sweda. Meeting. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOUGLAS - YES HUCKABEE - ABSENT PIPPIN - YES SWEDA - YES MOTION CARRIED. L� V %J--r OCTOBER 12, 2010 - CEB REGULAR MEETING - PAGE 2 OF 3 1 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case 10-098, from today's agenda due to compliance. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No.10-060 Ben Smith. 902 & 920 NW 12" St. & 900 Blk NW 13" St. Ch 30 Sec 30-44 General cleaning & beautification No.10-066 Leon & Ulyssee Thomas. 911 NW 10" Street Ch 30 Sec 30-41 Disabled vehicle Code Officer Sterling testified he had been in contact with the property owner's daughter, Lula Worthen, several times over the last six months in reference to getting the property mowed. Ms. Worthen received notification by certified mail of the code violation. However, the property was never mowed and is not in compliance at this time. The Code Officer informed the board he had talked to Ms. Worthen this afternoon and she requested an extension until the end of the month when she would have the money to get the property mowed. After some discussion, Member Sweda moved to find Case 10-060, Ben Smith, in violation of Ch 30 Sec 30-44 General cleaning & beautification based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day if property is not in compliance within ten days from October 12, 2010; seconded by Member Irby. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - YES HUCKABEE - ABSENT PIPPIN - YES SWEDA - YES MOTION CARRIED. Code Officer Sterling testified he had received a complaint for a disabled vehicle at this location. A notice of violation was sent certified mail, but was returned. So he posted notice on the property. When the car was not moved a notice of hearing was sent by certified mail and signed for by the property owner. However, property owner was not present to speak at this hearing. Member Irby moved to find Case 10-066, Leon & Ulyssee Thomas, in violation of Ch 30 Sec 3041 Disabled vehicle based on the testimony of Code Officer Sterling, imposing a twenty-five dollar per day fine beginning October 22, 2010 if not in compliance at that time; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - YES HUCKABEE - ABSENT PIPPIN - YES SWEDA - YES MOTION CARRIED. OCTOBER 12, 2010 -CEB REGULAR MEETING - PAGE 3 OF 3 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 No.10-074 Guillermo Najera.1116 SW 2nd Street Ch 90 Sec 90-105 Lot & Structure Requirements Florida Building Codes Section 104 ADJOURNMENT - CHAIRPERSON GAMIOTEA. Gamiotea, Chairperson ATTEST: 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. Code Officer Sterling testified this case was referred by the City Building Department for construction of a shed which does not comply with Florida Building Codes and does not meet set back requirements. Notice of violation and notice of hearing were both sent certified mail and received by property owner. Code Officer Sterling stated according to the Building Inspector, Ray Schaub, the shed will need to be brought up to code or removed. Property owner, Guillermo Najera, was not present to speak at this hearing. Member Irby moved to find Case 10-074, Guillermo Najera, in violation of Ch 90 Sec 90-105 Lot & Structure Requirements and Florida Building Codes Sec 104 based on the documentation provided by the City Building Inspector and the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning thirtydays from October 12, 2010; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - YES HUCKABEE - ABSENT PIPPIN - YES SWEDA - YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:40 P.M. ` N OPENE -NEWSPAPERS OKEECHOBE.E NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, El, 34974 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 - 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 o - -- --- v, , 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 AD Notary Public, State of Florida at Large iVOTARY PUBIR-STATE OF RORK),-- Angie• Bridges Commission #DD77;,71d Expbt esa :APlt, 20, 2012 30NOED THRU ATLANTIC akt INDIVC CO., INC. (863) 763-3134 CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforce- ment Board will be meeting on Tuesday, October 12, 2010, at 6:30 p m. or as soon thereafter, City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters no- ticed herein will be responsible for making a verbatim record of the testimo- ny and evidence at said meeting upon which any appeal is to be based. Please contact Sue Christopher, 863-7634423, or website www dtvofokeechobee com, to obtain a copy of the agenda. In accordance 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 anniot a, ode Board Chairperson CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 12, 2010 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER- Chairperson: October 12, 2010 Regular Meeting, immediately following Citizens' Advisory Task Force 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 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 August 10, 2010 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 2 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 10-060 Ben Smith 900 Blk NW 12" & 131h Street 10-066 Leon & Ulyssee Thomas 911 NW 10" Street 10-074 Guillermo Najera 1116 SW 2"d Street 10-098 Okeechobee -Fla Properties 2000 Blk S Parrott Avenue VII. ADJOURN MEETING - Chairperson. Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-41 Disabled vehicle Ch 90 Sec 90-105 Lot & Structure Requirements Florida Building Code Section 104 Ch 30 Sec 30-44 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. /C -C, _'C CODE ENFORCEMENT BOARD Oj fat eLO 1 October 12, 2010 Case No. Name Fine Started 90 Days Code Board Action 07-160 08-122 08-173 09-072 09-090 10-005 Arthur Davis $25/day 6/30/08 9/27/08 1100 Blk NW 6" St. (Lots: 11- 14) Cody Brown $50/day 10/20/08 1/17/09 813 SE Yd St. Marie Fenton $50/day 4/02/09 7/01/09 700 Blk SE 12`h Ave. Arthur Davis 1100 Blk NW 6" St. (Lots:6 - 8) Fremont Investment & Loan 517 NW 126 Street Dan Buchanan 805 NW 91h Street $25/day 9/16/09 12/14/09 $25/day 1/22/10 4/21/10 $50/day 3/09/10 6/06/10 6/10/08 - Imposed fine on 6/30/08 for general cleaning. 10/14/08- Recommended to proceed with foreclosure (approved 10/21/08) - 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 l/19/10) - In compliance as 3/17/10 - fine stopped 1/12/10 - Imposed fine on 1/22/10 for public nuisance (unsecured bldg) - In compliance as of 8/20/10 - fine stopped 2/09/10 - Imposed fine on 3/9/10 for disabled vehicle and public nuisance - In compliance as of 4/29/10 - fine stopped OGtaDer 1 .1 1 or—+ City of Okeechobee Code Board Meeting 1 Case # 10-060 Ben Smith 902 & 920 NW 12th St. & 900 Blk NW 13th St Sec. 30-44 General Cleaning & Beautification Case #10=060 Ben Smith • 04/08/2010 —Sent Courtesy Letter. • 05/18/2010 — Spoke to Ms Worthen ( Mr. Smiths daughter). • 06/28/2010 — Spoke to Ms. Worthen. • 07/09/2010 — Mailed Notice of Viloation. • 08/23/2010 — Notice of Violation returned, Refused. • 09/01/2010 — Ms. Worthen called, said Karns Tractor Service was going to cut properties. • 09/08/2010 — Mr. Karns has not mowed property. Called and he stated that he was not going to mow that property. • 09/10/2010 — Posted properties. • 09/29/2010 — Ms. Worthen called and stated that Quality Lawn Care was going to mow property. • 10/04/2010 — Robert from Quality lawn care called and stated that he was not going to mow property unless there was a deposit paid to do same. • 10/12/2010 — Spoke to Robert, he stated that Ms Worthen informed him that she was going to rent a tracter and do it herself. Case #10-060 Ben Smith Case #10-066 Leon & Ulyssee Thomas 911 NW loth Street Ch 30-41Disabled Vehicle -No Tag • 06/08/2010 — Complaint that there was a disabled vehicle on the property. Checked property & photographed the disabled vehicle. Case # 10-066 Leon & Ulyssee Thomas 911 NW 101h Street • 06/10/2010 — Sent courtesy letter. • 07/09/2010 — Mailed Notice of Violation. • 07/28/2010 — Notice of Violation returned, Unclaimed. • 08/26/2010 — Posted & Photographed property. • 09/20/2010 — Mailed Notice of Hearing. • 09/21/2010 — Notice of Hearing received, signed for by Ulyssee Thomas Case #10-074 Guillermo Najera 1116 SW 2"d Street Ch 90-105 — Lot & Structure Requirements • 08/05/2010 — Building Department requested that we send a Notice of Violation. • 08/10/2010 — Mailed Notice of Violation of FL Building Code Sect. 104, Material & Fasteners are not approved application. • 08/14/2010 — Notice of Violation received, signed for by Guillermo Najera. • 09/20/2010 — Mailed Notice of Hearing. • 09/23/2010 — Notice of Hearing received, signed for by Guillermo Najera. . f%I— ~stIII riri n -% 01n4ft TO SCHEDULE INSPECTIONS CALL INDEPENDENT FLORIDA UNIFORM Power Co. FPL ell If eto Permit 11. " -, Tax Folio No./Parcel ID o. .�-�_ . -� ._ 01--1C).T (:rCC2JJ_ UI� INSPECTIONS, LTD. AT 1-800-422-5220 PERMIT APPLICATION PE MUNICIPALITY: Q _ PROJECT LOCATION .VV. Building Address) Yv COUNTY: PROJECT DESCRIPTION Commercial FR Multi -Family Addition Alteration New OWNERS NAME, ADDRESS, CITY, STATE AND ZIP TELEPHONE NO. FEE SIMPLE TITLEHOLDER'S NAME, ADDRESS, CITY, STATE AND ZIP (IF DIFFERENT FROM OWNER) TELEPHONE NO. CONTRACTOR'S LIC. NO. TYPE NAME ADDRESS, CITY, STATE AND ZIP TELEPHONE / FAX NO. General Plumbing Gas Electrical HVAC E-MAIL CONTACT: PROJECT INFORMATION: AREA: ELEC. SERVICE: HVAC: WATER: REMARKS: CODE IN EFFECT Conditioned S.F. PHASE G or EL WELL CONSTRUCTION TYPE Garage S.F. SIZE SEWER MUN. NUMBER OF FLOORS Other S.F. AMPS. PRIV. LEGAL DESCRIPTION 11TOTAL ) S.F. OH/UG I MUN. GAS/NAT/PROPANE ZONING USE EST.COST $ BONDING COMPANY NAME, ADDRESS, CITY, STATE N ZIP TELEPHONE NO. ARCHITECT l ENGINEER NAME, ADDRESS, CITY, STATE AND ZIP TELEPHONE NO. MORTGAGE LENDER'S NAME, ADDRESS, CITY, STATE AND ZIP TELEPHONE NO. Application is hereby made to obtain a permit to do work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a building permit. I understand that a separate permit must be secured (as applicable) for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS & AIR CONDITIONERS, etc. The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit, failure to comply may result in suspension or revocation of this permit or other penalty. Applicant understands that the issuance of the permit created no legal liability, express or implied, of the Department, Municipality, Agency or Inspector. Have Permit/application number and address when requesting inspections. Call 1-800-422-5220. Give at least 24 hours notice on all inspections. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning in this jurisdiction. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. STATE OF FLORIDA aCJIlle-%�7C--",i c C'Ytr_ COUNTY OF (Signature of Owner or Agent) Sworn to (or affirmed) and subscribed before me this day of, by (name of person making statement) Personally Known or Produced Identification (Signature of Notary Public -State of Florida Type of Identification Produced (Print, Type or Stamp Commissioned Name of Notary Public STATE OF FLORIDA COUNTY OF (Signature of Contractor) Sworn to (or affirmed) and subscribed before me this day of, by (name of person making statement) Personally Known or Produced Identification (Signature of Notary Public -State of Florida Type of Identification Produced (Print, Type or Stamp Commissioned Name of Notary Public (Certificate of Competency Holder) Contractor's State Certification or R istration No. Contractor's Certi,�ation of Co ipetency No. APPLICATION APPROVED BY Date C ;4D/ cl Permit Officer r Z �— Floridauniformo8/09 White - Municipal Files Yellow - Applicant's copy Pink - Clerk/Assessor ER AFFIDAVIT PROPERTY ADDRESS' f t OWNERB�D Permit No. ASBESTOS ABATEMENT - DisclosurefoStatement permit under an exemption to that law- The licensed contractors. You have applied you do not have a license. State law requires asbestos abatement to be done by to act as your own asbestos abatement contractor even tenaghoY a residential building where exemption allows You, as the owner of your f_youproperty, move, remove or dispose of asbestos -containing If you sell or lease such a You must supervise the construction yourself- You may or the building is a farm outbuilding on your property at the time the you occupy the building and the building is not for sale or leas law will presume that you intended to sell or lease the Property Year after the asbestos abatement is comp not hire an unlicensed person as your contractor. Your work must be done building within 1 y lion, You may nsibili to make sure that work was done, which is a violation of this exemption- lations which apply to asbestos abatement projects. It is your re e o ty according to all local, state and federal laws and regulations or municipal licensing ordinances• It is the owner s or operator's you have licenses required by state law and by county the impartment of Environmental Protection of her or his people employed by y 1 with the provisions of s. 469.003 Florida Statutes and to notify responsibility to comply when applicable, in accordance With state and federal law. QED intentions to remove asbestos, PP that may be found in the public ADDITIONAL PERMITS MAY BE REO ment districts, requirements of this permit, there may be additional restrictions to this property In addition to the other from other governmental entities such as water manage records of this county, and there may be additional permits requiredgood faith to deliver this statement to the person state agencies, or federal agencies. F.S. 553.79(10). m signature agree to comply as stated and promise in g that all statements made on this I have read this notification and by Y ofPerjury'I hereby certify, by my signature, for this work whose property is subject to attachment. Under penalty except as otherwise has been disclosed, before the permit application are true and correct and that no construction has begun, has been issued. THERE SHALL BE NO INSPECTIONS WITHOUT FULL COMPLIANCE! TO QUALIFY FOR EXEMPTION UNDER ANY OF THEATTORNEY FOLLOWING SUBSECTIONS, AN OWNER MUST PERSONALLY APPEAR AND SIGN THE BUILDING PERMIT APPLICATION. A POWER OF ATTORNEY CANNOT BE ACCEPTED - BUILDING, PLUMBING AND/OR MECHANICAL INSTALLATION 489,103(7) - STATEMENT REQUIRED BY FLORIDA STATUTE DISCLOSURE STATEMENT to act as your own contractor with certain restrictions a one- though you do not or two-family a St ate law requires construction to be done by licensed contractors. You have applied for a permit under an eexemption to that law. e exemption allows you, as the owner of your property, ourself. You may build or impro license. You must provide direct, onsite y al supervision of the construction y provided your costs do not exceed lease. If yo 0. The residence or a farm outbuilding. You may also build or improve a commercial building, ter the construction is complete, the law will presume not be built building or residence must be for your own use or occupancyItlfYwithin one (1) or r substantially improved for sale onYoupeln to which is a violation of this exemption. You may not ire le employed by you lease a building you have built or substantially improvedyou that you built or substantially improved it for sale or lease, not delegate ate the responsibility for supervising act as your contractor or to supervise people working on your building. It is your responsibility to make sure that poop have licenses required by y Y P g person working on your building who is not licensed state law and b count or municipal licensin ordinances. You may work to a licensed contractor who is not licensed to perform the work being done. Any pe ision and must be employed by you, which means that you must deduct F.I.C.A. and i able lwithhoawsg tax an must work under your direct supery prescribed by law. Your construction must comply with all applicable Provide workers' compensation for that empee,l I as ordinances, building codes, and zoning regulations. ELECTRICAL INSTALLATION REQUIRED BY FLORIDA STATUTE 489503(6) DISCLOSURE STATEMENT - STATEMENT State law requiresour property, to act as your own electrical contractor even though you do not have a electrical contracting to be donebylicensedpeleCtrical contractors. You have applied for a permit under an exemption o that law. The exemption allows you, wiring the owner y P or duplex residence. You may also install electrical wiring license. You may install electrical wiring for a farm outbuilding or asingle-family P year after e ate construction you sell or lease more than one bbuuild�ing You have wired yourself within one (1)y a an in a commercial building the aggr g occupancy. It may not be built for sale or lease. y which is a violation of this exemption. You may not hire the construction is complete, the law will presume that you built it for sale or lease, count or municipal licensing Iding an unlicensed person as your electrical contractor. Your constructionave shall req need cordingy state tawuand by codescounty zoning regulations. It is your responsibility to make sure that people employed y Y such unlicensed ordinances. orida Statutes, any individual who aids and abets the unlicensed practice of a profession by e Pursuant to Chapter 455.228 of the Flmploying person may be fined up to $5,000. I will assume full responsibility as an Owner/Builders Contractor, iand the above affdalvit.upervise all work permitted- I hereby acknowledge that I have read, understand, and agree to comply will all Date Print Owner's Name Owner's Signature 20_, by The foregoing instrument was acknowledged before me this �_ �y of as identification and who did or did not take an oath - who is personally known to me or has produced _ Expiration Printed Name of Notary Notary Public, White —Municipal Files Yellow — Applicant Copy Case #10-074 Guillermo Najera 1116 SW 2nd Street 6/4/2010 - Original case #10-054 — Building additions without permit, unpermitted, unsafe structure. Building department gave 30 days to take down additions. 7/9/2010 — Applied for permit to build shed. 7/30/2010 — All structures removed property in compliance. 8/2/2010 — Building inspector left note about discrepancies and requested they come in and see him. 8/5/2010 — Building department requested we write a notice of violation for the following infractions. Structure does not meet current building & zoning codes. a. Tie Downs b. Set to close to lot line c. Pressure treated lumber required next to ground d. Nail Pattern C u Rif .' -z cp i OP'7 Fig J ,3uI L---)//V�-V- m CL rot 2) Pr m z 2) %mm• m PA (31 N CL N r+ m m r+