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2011-04-12643 CITY OF OKEECHOBEE APRIL 12, 2011 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson: April 12, 2011 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 April 12, 2011 Code Enforcement Board meeting was called to order at 6:32 p.m, by Chairperson Gamiotea. Present Present Absent with consent Absent with consent Present Present Absent with consent Present Present Present Present PAGE 1OF5 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Huckabee moved to dispense with the reading and approve the Summary of Board Action for February 8, 2011; Summary of Board Action for the February 8, 2011 Regular seconded by Member Irby. Meeting. VOTE GAMIOTEA-YES IRBY-YES CLOSE -ABSENT DOUGLAs-ABSENT HUCKABEE-YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. 1 1 I I APRIL 12, 2011 - CEB REGULAR MEETING - PAGE 2 OF 5 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 # 10-097 Kurt & Jacqueline Keplinger from today's agenda. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling ; No.10-101 Code Officer Sterling testified property owner, Janet Doster, had received notice of the violation by certified mail. In addition, Janet Doster, SE 10" Avenue (Lots: 2,3,6,7 & N %of 10 BIk:14) Mr. Sterling spoke with her on the phone and she stated she was in the process of hiring someone to clean the property. Ch 30 Sec 30-44 General cleaning & beautification However, as of today the property is still overgrown and nothing has been done. After some discussion among the board, Mr. Irby moved to find Case 10-101, Janet Doster, SE 10" Avenue, in violation of Ch 30 Sec 3044 General cleaning and beautification, based on the testimony of Code Officer Sterling imposing a fine of twenty-five dollars per day beginning twenty- one days from today (May 3, 2011); seconded by Member Huckabee. VOTE GAMIOTEA - YES IRBY - YES CLOSE - ABSENT DOUGLAS - ABSENT HUCKABEE - YES PIPPIN -YES SWEDA - ABSENT MOTION CARRIED. No.11-004 Code Officer Sterling testified property owner had been notified of the violation by posting notice at his place of business. James & Pamela Davis. 300 Blk NW 7" Avenue Fire Chief, Herb Smith, stated other properties in this area are kept mowed and all that needed to be done was to use a bush Ch 30 Sec 3044 General cleaning & beautification hog every few months. Chief Smith added the property owner, Jim Davis, told him he could not get any equipment in to the property because of some railroad ties. However, the railroad ties have been removed and nothing has been done to clean the property. Member Huckabee moved to find Case 11-004, James & Pamela Davis, 300 Blk NW 7" Avenue, in violation of Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning fourteen days from today ( April 26, 2011) if not in compliance at that time; seconded by 11 Member Irby. VOTE I III GAMIOTEA - YES IRBY - YES CLOSE - ABSENT DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. 645 APRIL 12, 2011 -CEB REGULAR MEETING - PAGE 3 OF 5 AGENDA III BOARD ACTION. DISCUSSION -VOTE No.11-015 Code Officer Sterling testified property owner had received notice of violation for leaving tree trimmings piled on city right of N & A Construction Inc. 300 Blk NE 3rd Street way. Mr. Sterling said he had spoken with the property owner about getting the debris removed, but nothing has been done. Ch 30 Sec 3044 General cleaning & beautification Member Irby moved to find Case 11-015, N & A Construction, 300 Blk NE V Street, in violation of Ch 30 Sec 3044 General cleaning and beautification based on the testimony of Code Officer Sterling, imposing a fine of twenty five dollars per day beginning fourteen days from today (April 26, 2011); seconded by Member Pippin. VOTE GAMIOTEA - YES IRBY - YES CLOSE - ABSENT DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. No.11-017 Code Officer Sterling testified property owner, Linda Foley, received notice of violation forjunk in the yard and general cleaning Linda Foley. 805 SW 111' Avenue. of property. Mr, Sterling said he spoke with Ms. Foley today and some cleaning has been done, but she requested more time Ch 30 Sec 3040 Junk and Sec 30-44 General cleaning to finish the cleaning. Member Huckabee moved to find Case 11-017, Linda Foley, 805 SW 11t' Avenue, in violation of Ch 30 Sec 3040 Junk and Sec 3044 General cleaning and beautification based on the testimony of Code Officer Sterling, imposing a fine of fifty dollars per day beginning fourteen days from today (April 26, 2011); seconded by Member Pippin. VOTE GAMIOTEA-YES IRBY - YES CLOSE - ABSENT DOUGLAS-ABSENT HUCKABEE-YES - YES SWEDA - ABSENT MOTION CARRIED. No.11-018 Code Officer Sterling testified property owner, David Black, lives in Tennessee and notice of violation sent by certified mail was David Black.1009 SE 71h Street. returned. Therefore, notice of violation/notice of hearing for public nuisance (unsecured buildings) was posted on the property Ch 30 Sec 30-43 Public Nuisance at 1009 SE r Street on March 30, 2011. Mr. Sterling stated at this time the buildings are still unsecured and pose a safety hazard to children in the area. Member Irby moved to find Case 11-018, David Black,1009 SE 711 Street, in violation of Ch 30 Sec 30-43 Public nuisance based on testimony of Code Officer Sterling, recommending the City declare this property to be a public hazard and proceed with securing the buildings; seconded by Member Huckabee. VOTE GAMIOTEA - YES IRBY - YES CLOSE - ABSENT DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. APRIL 12, 2011 - CEB REGULAR MEETING - PAGE 4 OF 5 646 No.10-092 James George. 900 Blk NW 10" Street Fine has accrued over ninety days. No,10-096 Marguerite D'onofrio. 400 SE 101' Avenue. Fine has accrued over ninety days. 1 BOARD ACTION - Code Officer Sterling testified the fine of twenty five dollars per day for general cleaning has been accruing for 128 days. As of today the amount of the fine is $3,200.00. However, since the property owner was never located the property is still overgrown and the fine is continuing to accrue. Member Huckabee moved Case 10-092, James George, 900 Blk NW 10"' Street be found a public nuisance, recommending a one-time mowing of the property to bring it into compliance and recommending City Council proceed with foreclosure; seconded by Member Irby. VOTE GAMIOTEA-YES IRBY - YES CLOSE -ABSENT DOUGLAS-ABSENT HUCKABEE-YES PIPPIN - YES SWEDA - ABSENT MOTION CARRIED. Code Officer Sterling testified he spoke with the owner the first of March and she said it would be mowed and cleaned. However, nothing was done and recent attempts to contact the owner were unsuccessful. As of today the fine of twenty five dollars per day has been accruing for 140 days bringing the current fine to $3,500.00. Chief Smith stated the Code Officer would continue to try and contact the property owner to see what her intentions were. Member Irby moved to recommend City Council proceed with foreclosure on Case 10-096, Maguerite D'onofdo, 400 SE 10`" Avenue; seconded by Member Huckabee, VOTE GAMIOTEA - YES IRBY - YES CLOSE - ABSENT DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - YES SWEDA -ABSENT MOTION CARRIED. M APRIL 12, 2011 - CEB REGULAR MEETING - PAGE 5 OF 5 AGENDA ADJOURNMENT - CHAIRPERSON GAMIOTEA. mie Gamiotea, Chairperson ATTF,ST: Sue Christopher,Secreta 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. BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:30 P.M. NIIEPENDENT NEWSPArEas OKEECFIOBEE NEWS IV S.W. 17th Street, Suite D, Okeechobee, Fl, 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher 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 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. Tam Byrd Sworn to and subscribed before me this day of -- - - AD Notary Public, State of Florida at Large NOTARY Pi1RLIC•STATE OF FT,Oi,-, Angie Bridges r . COMMission #DD779718 ..Expires: APR, 20, 2012 BOND THAV A77'W tC BONDING CO., INC. CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the Cfly of Okeechobee Code Enforce -nt Board will be meeting on Tuesday, April 12, 2011 at 6:30 p.m of soon thereafter, City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. e public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a tired court reporter will be made of the foregoing meeting. Accordingly, ( person In may seek to appeal any decision irnolving the matters no- d herein will be responsible for making a verbadm record of the tes6rtro- and evidence at said meeting upon which any appeal is to be based. ase contacr Sue ChnstapW, 863-763-4123, or wabsite to enda nraccordancere with American, ainwith Disabil tie f the ,Act (ADA) of 1990 per - is needing special accommodation to participate In this proceeding ultl contact the Fire Department al 863-76311423 (or assistance. r., e_-_. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD APRIL 12, 2011 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: April 12, 2011 Regular Meeting, 6:30 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea j Vice Chairperson Frank Irby - Board Member Melissa Close Board Member Judy Douglas Board Member Randy Huckabee ✓ Board Member Jim Pippin ✓ Board Member Rennae Sweda A t4 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 8, 2011 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. '`6-Q pn G PAGE 1 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 10-101 Janet Doster Ch 30 Sec 30-44 General cleaning & beautification SE 10'h Avenue Lots: 2,3,6,7 & N'/Z of 1013104 11-004 James & Pamela Davis 300 Blk NW 711 Avenue 11-015 N & A Construction Inc 300 Blk NE 311 Street Ch 30 Sec 30-44 General cleaning & beautification PAGE 2OF2 q U a G7 IC rt— a c &V tiI� oul �' c1�^-i'h-' y�� c Z&C'I - k d i C cs/Lf t L,3 11-017 Linda Foley Ch 30 Sec 30-40 Junk and Sec 30-44 General cleaning �� c� ts� ,n gi ��ti c �i o D �f rr 805SW11"'Avenue 11-018 David Black Ch 30 Sec 3043 Public Nuisance 1009 SE 7`h Street 10-092 James George Fine has accrued over ninety days�� "' _ -, 900 Blk NW 10 Street % ��cc.. a! ��{ cm 10-096 Marguerite` D onofno Fine has accrued over ninety daysa 5� ✓ ,�lq / 400 SE 10 Avenue Ch 30 Sec 30-44 General cleaning & beautification 10-097 Kurt & Jacqueline Keplinger Fine has accrued over ninety days 405 NE 9tn Avenue VII. ADJOURN MEETING - Chairperson. 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. t i p ti� #Le q. �V .�f'1'YtJrru xQ% x. l'/-i � cace. s� �1a'j / dIC6 VQ1 I Vra.cftl��d t4u� o3 ��R�n�I��,M'L —� � �%>"'-�lef� L-�'�^..,C��! �v/�lC'�°�Pi(. -� C�%titi1.(::.,Q �t.0 1�f�' � , �L�C/1:�.,C��, All, CIO, 1"Qcmd 77 City of Okeechobee Code Board Meeting April 12th, 2011 Case 10-101 Janet D. Doster 700 Block SE loth Avenue Ch 30-Sec 30-44 General Cleaning & Beautification 08/18/2010 — Sent Courtesy Letter. 10/18/2010 — Mailed Notice of Violation 11/09/2010 — Notice of Violation received, signed for by Janet Doster. 12/09/2010 — Mailed Notice of Hearing. 12/21/2010 — Notice of Hearing received, signed for by Janet Doster. 01/04/2011— January Code Board meeting canceled. 01/21/2011— Mailed second Notice of Hearing. 02/04/2011— Notice of Hearing received, signed for by Janet Doster. 02/08/2011— Received FAX from Janet Doster requesting extension, Contract to do job in works. Case#10-101 Janet Doster • 03/18/2011 — Mailed Notice of Hearing. • 03/30/2011 — Posted property with Notice to Appear. NOTICTI 0 Al"Pr. V11 Respi"ItIvIl I l. F r }ic =i I I. I I,, r i ifil d 11cf, i' :11 Id lit I I;— A), t . i + ii l 7k z Il10-1Q D_ Dosi F ; to* Awl s- Case #11-004 James & Pamela Davis 300 Block NW 71" Avenue Ch 30-Sec 30-44 General Cleaning &Beautification 12/16/2010 — Sent Courtesy Letter. 11/16/2010 — Photographed property. Case #11-004 James & Pamela Davis 01/14/2011— Mailed Notice of Violation. 02/07/2011— Notice of Violation returned, unclaimed. NOTICE! i�.. id.fi rbl u.nttf�fa. tN OFnancFy w� YltCgtar Lft2AlGi�,yA/IA71at+�"i�4kl9s Ci.dTR✓f� ..... . S Sram Brae paand is regWrak to CarrcYe w9tl ��;p ��� Yaa fit Mo. ¢empty, Xou p4xy Le aPMan.sce He{gre7iteC _..,, NaarA r, � N F:9Yermaem 3✓, M' +1�154Cataaarl "P. Z'�-=Mp.ph.¢. _MrvExAtaautt �.i ty.`. �. AYE W ivdkurlC# E�!4!.(wNT• #RkY tu? t� ml 02/08/2011— Posted Notice of Violation at place of business. 02/10/2011— Mr. Davis told Chief Smith that he could not get back to property because the county had blocked access to the property. Case #11-004 James & Pamela Davis • 02/28/2011— Chief Smith witnessed dirt being dumped on property. • 03/01/2011— Mailed Notice of Hearing. • 03/03/2011— Notice of Hearing received, signed for by Pam Davis. • 03/07/2011— Photographed property Case #11-004 James & Pamela Davis 03/11/2011 - Photographed property III A Case #11-015 N & A Construction, Inc. 300 Block NE 3rd Street Ch 30-Sec 30-44 General Cleaning & Beautification 01/04/2011- Photographed property 01/05/2011 — Sent Courtesy Letter. 03/01/2011 — Mailed Notice of Violation. 03/02/2011— Notice of Violation received, signed for be Dora Diego. 03/16/2011— Mailed Notice of Hearing. 03/17/2011 - Notice of Hearing received, signed for by Naser Ablleqab. Case #11-017 Linda G. Foley 805 SW 11th Avenue Ch 30-Sec 30-40 Junk Ch 30-Sec 30-44 General Cleaning Case #11-017 Linda G. Foley • 03/10/2011 — Mailed Notice of Violation/Notice of Hearing (Repeat Violator). • 03/28/2011 — Notice returned, UNCLAIMED. • 03/30/2011 — Posted property. 7*-14" OT1 C L 1'0 A P P L A R N. i % I Wilt d— t ib'd h, wo, Case #11-018 David Black 1009 SE 71" Street Ch 30-Sec 30-43 Public Nuisance/Secure Building 02/08/2011— Sent Courtesy Letter. 03/16/2011— Mailed Notice of Violation/Notice of Hearing. 03/30/2011— Posted property. Case #11-017 David Black • 04/12/2011— Notice of Hearing returned, Unclaimed. Inspected & photographed property, not in Case #10-096 Marguerite D'onoffrio 04/12/2011— Inspected & photographed property, not in compliance.