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2011-10-11CITY OF OKEECHOBEE 664 OCTOBER 11, 2011 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION CALL TO ORDER - Chairperson: October 11, 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 Alternate Member Louise Conrad 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 September 13, 2011 Regular Meeting. PAGE I OF 4 ACTION -DISCUSSION - VOTE October 11, 2011 Code Enforcement Board meeting was called to order at 6.33 p.m. by Chairperson Gamiotea. Present Present Present Absent with consent (Louise Conrad filled the seat for Member Douglas) Absent with consent Absent with consent Present Present Absent Absent Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for September 13, 2011; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. 665 AGENDA V. AGENDA - Chairperson. OCTOBER 11, 2011 - CEB REGULAR MEETING - PAGE 2 OF 4 BOARD ACTION - DISCUSSION - VOTE A. Requests for the addition, deferral or withdrawal of items on There were no request for the addition, deferral or withdrawal of items from today's agenda. today's agenda. VI. NEW BUSINESS. A. Discussion of procedures for making motions Chairperson Gamiotea explained to the Code Board they need to allow time for orders to be prepared and signed when contemplating the length of time given to impose a fine. He suggested, instead of starting the fine on a specific date, using the date of proper notification as the reference point for starting a fine. B. Disposition of Cases presented by Code Officer Sterling Case No.10-092 Code Officer Sterling testified property had been under a fine for 239 days at $25.00 per day when the property was still in James George/Joseph Gazza. 900 Blk NW 10'h Street the name of James George. However, when it was purchased by Mr. Gazza the property was brought into compliance and Request for fine reduction by new owner Joseph Gazza. the tine stopped at $5,975,00. Mr. Joseph Gazza addressed the board stating he had purchased the tax lien in 2009. Then when he discovered the owner, James George, was deceased and the heirs were not interested in the property, he foreclosed on the tax lien. On July 14, 2011 the property was auctioned at the courthouse and he became the property owner. As soon as he found someone to clean it, the property was brought into compliance on August 2, 2011. He stated he intended to keep the property clean. Member Irby moved to rescind the fine of $5,975.00 on Case 10-092 James George/Joseph Gazza,900 Blk NW 100' Street, based on the testimonies of Code Officer Sterling and Joseph Gazza, seconded by Member Conrad. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Case No.11-035 Code Officer Sterling testified property owner lives in Canada and certified notices were returned. Mr. Sterling stated today J. L. Martin Investments. 520 SE 6t' Street he spoke with J. L. Martin Investments' agent of record, the agent said he would contact Mr. Martin and have him contact us. Ch 70 Sec 70-302 Permit Code Officer Sterling recommended postponing this until the next meeting to allow time for the property owner to get a permit for the shed which was put up by the renter. Member Irby moved to postpone action on Case 11-035, J. L. Martin Investments, 520 SE 61' Street until the next regularly scheduled meeting; seconded by Member Close. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. 1 Case No.11-069 Super Stop Petroleum Inc. 510 NE Park Street Ch 30 Sec 3043 Public nuisance and Ch 30 Sec 3044 General cleaning & beautification Case No.11-072 Barbara Mills. 406 NW 5' Street Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning & beautification Case No.11-076 David Black.1009 SE 71h Street Ch 30 Sec 30-44 General cleaning & beautification OCTOBER 11, 2011-CEB REGULAR MEETING - PAGE 3 OF 4 Code Officer Sterling testified certified notice of violation and notice of hearing were received by the property managers. He said Super Stop Petroleum Inc. is in bankruptcy and any expenditures for the property have to be approved by the bankruptcy judge. In addition to general cleaning, the property also has bees which need to be removed before any work can be done. Member Sweda moved to find Case 11-069, Super Stop Petroleum Inc. 510 NE Park Street, a repeat violator in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning and beautication, based on the testimony of Code Officer Sterling, imposing a fine of $250.00 per day beginning upon proper notification; seconded by Member Close. Chairperson Gamiotea added that something need to be done immediately to remove the bees. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Code Officer Sterling testified property owner, Barbara Mills, is living out of town with her son and certified notices were returned, so the property was posted. Chairperson Gamiotea gave some background on this case stating the property has continually been a problem for many years, but someone from the community always stepped in to help them because Mr. Mills was a doctor in Okeechobee for a long time. Member Conrad moved to find Case 11-072 Barbara Mills, 406 NW 5' Street, in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day beginning thirty days from proper notification; seconded by Member Irby. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Code Officer Sterling testified certified notice of hearing was received and property owner, David Black, called today stating he would get the property mowed. Member Irby moved to find Case 11-076 David Black,1009 SE 7U' Street, in violation of Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day beginning seven days from proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. .e • Case No.11-080 Jerry Sherer. 1115 SE 10' Street Ch 30 Sec 30-44 General cleaning & beautification ADJOURNMENT - CHAIRPERSON GAMIOTEA. Jamie 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, helshe 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. OCTOBER 11, 2011 - CEB REGULAR MEETING - PAGE 4 OF 4 Code Officer Sterling testified certified notices were returned so the property was posted. Mr. Sterling said nothing has been done at this time to clean the property and he has not heard from the property owner. Member Close moved to find Case 11-080 Jerry Sherer,1115 SE 101' Street, in violation of Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day beginning seven days from proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7: 40 P.M. CITY OF OKEECHOBEE OCTOBER 1112011 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Chairperson: October 11, 2011 Regular Meeting II. PLEDGE OF ALLEGIANCE - Chairperson. Ill. 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 Alternate Member Louise Conrad 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 September 13, 2011 Regular Meeting. October 11, 2011 Code Enforcement Board meeting was called to order at 6:33 p.m. by Chairperson Gamiotea, Present Present Present Absent with consent (Louise Conrad filled the seat for Member Douglas) Absent with consent Absent with consent Present Present Absent Absent Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for September 13, 2011; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. OCTOBER 11, 2011- CEB REGULAR MEETING - PAGE 2 OF 4 AGENDA V. AGENDA - Chairperson. BOARD ACTION - DISCUSSION - VOTE A. Requests for the addition, deferral or withdrawal of items on There were no request for the addition, deferral or withdrawal of items from today's agenda. today's agenda. VI. NEW BUSINESS. A. Discussion of procedures for making motions Chairperson Gamiotea explained to the Code Board they need to allow time for orders to be prepared and signed when contemplating the length of time given to impose a fine. He suggested, instead of starting the fine on a specific date, using the date of proper notification as the reference point for starting a fine. B. Disposition of Cases presented by Code Officer Sterling : Case No.10-092 Code Officer Sterling testified property had been under a fine for 239 days at $25.00 per day when the property was still in James George/Joseph Gazza. 900 Blk NW 1O'h Street the name of James George. However, when it was purchased by Mr. Gazza the property was brought into compliance and Request for fine reduction by new owner Joseph Gazza. the fine stopped at $5,975.00. Mr. Joseph Gazza addressed the board stating he had purchased the tax lien in 2009. Then when he discovered the owner, James George, was deceased and the heirs were not interested in the property, he foreclosed on the tax lien. On July 14, 2011 the property was auctioned at the courthouse and he became the property owner. As soon as he found someone to clean it, the property was brought into compliance on August 2, 2011. He stated he intended to keep the property clean. Member Irby moved to rescind the fine of $5,975.00 on Case 10-092 James George/Joseph Gazza,900 Blk NW 101h Street, based on the testimonies of Code Officer Sterling and Joseph Gazza, seconded by Member Conrad. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Case No.11-035 Code Officer Sterling testified property owner lives in Canada and certified notices were returned. Mr. Sterling stated today J. L. Martin Investments. 520 SE 6" Street he spoke with J. L. Martin Investments' agent of record, the agent said he would contact Mr. Martin and have him contact us. Ch 70 Sec 70-302 Permit Code Officer Sterling recommended postponing this until the next meeting to allow time for the property owner to get a permit for the shed which was put up by the renter. Member Irby moved to postpone action on Case 11-035, J. L. Martin Investments, 520 SE 6t' Street until the next regularly scheduled meeting; seconded by Member Close. VOTE GAMIOTEA - YES IRBY - YES CLOSE -YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. OCTOBER 11, 2011-CEB REGULAR MEETING - PAGE 3 OF 4 RE( AGENDA BOARD ACTION - DISCUSSION - VOTE Case No.11-069 Code Officer Sterling testified certified notice of violation and notice of hearing were received by the property managers. He Super Stop Petroleum Inc. 510 NE Park Street said Super Stop Petroleum Inc. is in bankruptcy and any expenditures for the property have to be approved by the bankruptcy Ch 30 Sec 3043 Public nuisance and Ch 30 Sec 30-44 judge. In addition to general cleaning, the property also has bees which need to be removed before any work can be done. General cleaning & beautification Member Sweda moved to find Case 11-069, Super Stop Petroleum Inc. 510 NE Park Street, a repeat violator in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning and beautication, based on the testimony of Code Officer Sterling, imposing a fine of $250.00 per day beginning upon proper notification; seconded by Member Close. Chairperson Gamiotea added that something need to be done immediately to remove the bees. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Case No.11-072 Code Officer Sterling testified property owner, Barbara Mills, is living out of town with her son and certified notices were returned, Barbara Mills. 406 NW 511 Street so the property was posted. Chairperson Gamiotea gave some background on this case stating the property has continually Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 been a problem for many years, but someone from the community always stepped in to help them because Mr. Mills was a General cleaning & beautification doctor in Okeechobee for along time. Member Conrad moved to find Case 11-072 Barbara Mills, 406 NW 5`h Street, in violation of Ch 30 Sec 3043 Public nuisance and Ch 30 Sec 3044 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day beginning thirty days from proper notification; seconded by Member Irby, VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Case No.11-076 Code Officer Sterling testified certified notice of hearing was received and property owner, David Black, called today stating he David Black.1009 SE 71h Street would get the property mowed. Member Irby moved to find Case 11-076 David Black,1009 SE 7ch Street, in violation of Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day beginning seven days from proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT ' HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. Ir. iber any rom VT NEC OCTOBER 11, 2011 - CEB REGULAR MEETING - PAGE 4 OF 4 Case No. 11-080 Code Officer Sterling testified certified notices were returned so the property was posted. Mr. Sterling said nothing has been Jerry Sherer. 1115 SE 10th Street done at this time to clean the property and he has not heard from the property owner. Member Close moved to find Case Ch 30 Sec 30-44 General cleaning & beautification 11-080 Jerry Sherer,1115 SE 101h Street, in violation of Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of $25.00 per day beginning seven days from proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES IRBY - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - ABSENT PIPPIN - ABSENT SWEDA - YES CONRAD - YES MOTION CARRIED. ADJOURNMENT - CHAIRPERSON GAMIOTEA. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7: 40 P.M. Jamie Gamiotea, Chairperson 11 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. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 115 2011 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Chairperson: October 11, 2011 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 A f7 Board Member Randy Huckabee A �c� nsek, Board Member Jim Pippin A w/C� n,s Board Member Rennae Sweda 3 Alternate Member Louise Conrad 6} Board Attorney John Cook A 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 13, 2011 Regular Meeting. Ill 0-At V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 2 OF 2 NEW BUSINESS. A. Discussion of Code Board procedures for making motions presented by Chairperson Gamiotea. B. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 10-092 James George/Joseph Gazza Request for fine reduction 900 Blk NW 10`h Street 11-035 J. L. Martin Investments Inc. Ch 70 Sec 70-302 Permit 520 SE 61h Street 11-069 Super Stop Petroleum Inc. Ch 30 Sec 3043 Public nuisance 510 NE Park Street Ch 30 Sec 30-44 General cleaning & beautification 11-072 Barbara Mills Ch 30 Sec 30-43 Public nuisance 406 NW 51h Street Ch 30 Sec 30-44 General cleaning & beautification 11-076 David Black Ch 30 Sec 30-44 General cleaning & beautification 1009 SE 7th Street 11-080 Jerry Sherer Ch 30 Sec 30-44 General cleaning & beautification 1115 SE 101h Street 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. /6)"09j- vt r 17 /! I✓l vz �' `��GL�cz� / � /��� � lr�r y �� //�(� `1 j � l/ f� ���/�/�� � C,r� C�''� � 14�� 'r� � � ,� ,� 1 �J ''� �� ���� ���''� �� ° , � �� B � � 11 l� CODE ENFORCEMENT BOARD ocl�v b ¢r , a Q I i October 11, 2011 Case No. Name Fine Started Filed 90 Days Code Board Action 10-124 Robert & Melody Jennings $25/day 3/01/11 4/8/11 7/07/11 2/08/11 - Imposed fine on 3/1/11 for windows replaced without permit 506 SE I I" Avenue 11-004 James & Pamela Davis $25/day 4/27/11 6/14/11 9/12/11 4/12/11 - Imposed fine on 4/27/11 for general cleaning 300 Blk NW 7`h Avenue 11-028 George Morris, III $25/day 7/27/11 8/31/11 11/28/11 7/12/11 - Imposed fine on 7/27/11 for general cleaning 202 NE 8`h Avenue 11-055 Randal & Cynthia Weigum $25/day 8/26/11 9/13/11 12/12/11 7/12/11 - Imposed fine on 8/25/11 for failing to obtain proper permit 1306 SE 121h Drive 9/28/11 - In compliance as of 9/28/1 1 ochber t t, ,2o 11 City of Okeechobee Code Board Meeting October ll,, 2011 Case #11-035 A Martin Investments. Inc. 520 SE 61hStreet Ch 70-Sec:70-302 Permit Required. • 02/11/2011— Sent Courtesy Letter. • 02/15/2011— Left Notice of Visit. • 05/13/2011— Mailed Notice of Violation/Notice of Hearing. • 05/16/2011— Notice returned, International fees needed. • 09/22/2011— Notice to Appear posted. • 10/10/2011— Inspected property, not in compliance Case #11-069 Super Stop Petroleum, Inc. 510 NE Park Street Ch 30-Sec:30-43 Public Nuisance Ch 30-Sect 30-44 General Cleaning & Beautification • 06/13/2011— Spoke to Mr. Christopher Paras from MAQ Group. They manage the property. • 06/14/2011— Mr. Paras e-mailed me with his contact information. • 07/27/2011— I e-mailed Mr. Paras informing him that the problems had not been corrected. • 07/29/2011— Mr. Paras e-mailed me that he would be in contact that afternoon. • 08/08/2011— Mailed Notice of Violation. • 08/09/2011— Notice received, signed for by Ronit Dery. • 09/21/2011— Mailed Notice to Appear. • 09/22/2011— Notice to Appear received, signed for by Ronit Dery. • 10/11/2011— Inspected property, not in compliance. Case #11-072 Barbara G. Mills 406 NW 51" Street Ch 30-Sec:30-43 Public Nuisance Ch 30-Sec: 30-44 General Cleaning &Beautification • 1 have spoken to Mrs. Mills on numerous oci • seem to comprehend that the property is in • 06/24/2011— Sent Courtesy Letter. • 07/20/2011— Courtesy letter returned, uncl • 08/10/2011— Mailed Notice of Violation. • 08/16/2011— Posted Property. • 08/31/2011— Notice of Violation returned u • 09/21/2011— Mailed Notice to Appear. • 09/30/2011— Posted property with Notice t • 10/10/2011— Inspected property, not in cor Case #11-080 Jerry Sherer 1115 SE 101h Street Ch 30-Sect 30-44 General Cleaning &Beautification • 07/15/2011— Sent Courtesy Letter. • 08/21/2011— Mailed Notice of Violation. • 09/06/2011— Notice of Violation returned. • 09/21/2011— Mailed Notice to Appear. • 09/30/2011— Posted Property • 10/10/2011— Inspected property, • Not in compliance.