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Smith, Ben - Case #11-129CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, Ben Smith / CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 11 -129 FILE NUM 20 120006081 OR. BK 00716 PG 01553 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/15/2012 09:43:40 AM RECORDING FEES $18.50 RECORDED BY M Pinon Pas 0553 - 554; (2pss) LIEN / ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on April 10 , 20 12 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots:14 & 15 Bik: 9 Section: City of Okeechobee Parcel# 3- 15- 37 -35- 0010 - 00090 -0140 Property location: 920 NW 12th Street, Okeechobee, FL Property owner: Ben Smith Property has been found to have overgrown vegetation. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sections 30 -43 Public nuisance & 30 -44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30 -43 Public nuisance & 30 -44 General cleaning concerning your property located at 920 NW 12th Street, Okeechobee, FL If you do not correct the violation within five (5) days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 25.00 per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this I(3 day of /ITC CITY OF OKEECHOBEE, Petitioner Ben Smith Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida nforce nt Officer ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE ,2012 . PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this 13 day of hvy)(\ baivviL, NOTARY PUBLIC My Commission expires: • : !sY (407) 346101 KIM BARNES COMMISSION # DD778252 EXPIRES April 25, 2012 V —■ ciallote Please return to: City of Okeechobee Code Enforcement 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 357 -1971 ,20 l a Okeechobee County Property Appraiser - Map Printed on 7/3/2013 8:00:49 AM 3-15-37-35-0010-00090-0140 SMITH BEN 0.344AC Okeechobee County Property Appraiser W.C. 'Bill" Sherman, CFA - Okeechobee, Florida - 863 -763 -4422 PARCEL: 3- 15- 37 -35- 0010- 00090 -0140 - VACANT (000000) CITY OF OKEECHOBEE LOTS 14 & 15 BLOCK 9 Name:SMITH BEN Site: 920 NW 12TH ST, OKEECHOBEE C/O LULA SMITH WORTHEN Mail: P 0 BOX 880906 PORT ST LUCIE, FL 349880000 Sales Info LandVal $5,000.00 BldgVal $0.00 ApprVal $5,000.00 JustVal $5,000.00 Assd $5,000.00 Exmpt $0.00 Taxable $5,000.00 0 61 122 183 ft This information, CAMA updated: 6/26/2013, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Page 1 of 1 http: / /www.okeechobeepa.com/GIS /Print Map asp? piboiibchhibnliQcafcefocnfkfdfefdbbleinabckcicnkcfao .._ 7/3/2013 Celeste Watford - Okeechobee County Tax Collector NOTICE OF AD VALOREM TAXES & NON -AD VALOREM ASSESSMENTS BILL # R 2979500 2013 REAL ESTATE TAX /NOTICE RECEIPT FOR OKEECHOBEE Page 1 of 1 IF PAID IN TOTAL NOV1 -30 DEC 1 -31 JAN 1 -31 FEB 1 -28 MAR 1 -31 ! APR DUE .00854700 $42.74 CITY - OKEECHOBEE .00774320 1 18 $119.16 .00041100 $120.40 $121.64 $122.88 $124.12 $127.84 AD VAI OR_.M T TAXING AUTHORITY MILLAGE RATE TAX AMOUNT SCHOOL -RLE .00521500 $26.08 COUNTY .00854700 $42.74 CITY - OKEECHOBEE .00774320 $38.72 SOUTH FL. WAT MGMNT .00041100 $2.06 SCHOOL -DISC .00224800 $11.24 COUNTY BOND .00034910 $1.75 CHILDRENS COUNCIL .00030600 $1.53 TOTAL AD- VALOREM: $202.34 $124.12 NON -AD VALOREM ASSESSMENTS TAXING AUTHORITY TOTAL NON -AD VALOREM: COMBINED TAXES & ASMTS: DISCOUNT: UNPAID BALANCE: Exemptions: Property Address: 920 NW 12TH ST OKEECHOBEE 34974 TAX AMOUNT $0.00 $124.12 SMITH BEN C/O LULA SMITH WORTHEN P 0 BOX 880906 PORT ST LUCIE, FL 34988 .344 ACRES CITY OF OKEECHOBEE LOTS 14 & 15 BLOCK 9 FAIR' MKT VALUE $5,000.00 _Ls 50 $5,000.00 _XE.Ii,- ,N $0.00 -$1.24 ASSESS $122.88 TAXABLE VALUE $5,000.00 )ni Year Roll Bill # Outstanding Tax Accrued Penalties Total Due Reference 2011 R 3016700 -C $157.79 $47.74 $205.53 3699 CERT. 2010 R 3021700 -I $228.15 $103.18 $331.33 3698 CERT. 2009 R 3045200 -I $370.83 $202.34 $573.17 3803 CERT. 2008 R 3047700 -I $523.44 $287.04 $810.48 3222 CERT. otal Due $1,920.51 http:// www. okeechobeecountytaxcollector .com/Property /Print 2/14/2014 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 11 -127 Leroy & Wanda Page Ch 30 Sec 30-43 Public nuisance 803 NW 11t Street Ch 30 Sec 30-44 General cleaning & beautification 11-128 Regions Bank Ch 30 Sec 30 -43 Public nuisance 503, 507, 511& 517 SE 5' Street Ch 30 Sec 30-44 General cleaning & beautification 11.129 12-011 Ben Smith 920 NW 12th Street David & Kimberly Black 1009 SE 7th Street VII. ADJOURN MEETING • Chairperson. Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-43 Public nuisance 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. PAGE 2 OF 2 f1'1 7 l C €por3.4- �r elcn rj C7CtttC� �_��k rac.Q.44 Ez �E' ' C C i•wiu -+rte • ;�lrK,�•k- d, 11- I a8 C.0 ziecUs, LaClc..Q v4. c3. iyo e•Ltk_.. cu -►t. , i� $��xa� crD c - h r[ pct- LArti.4 linkfirib- \-01141444 ti 01,4 3CJ--qg'- �`°zd Firol- C2 .mE cc -i,ag tit ra 1 l pitpicst trkr , W 4 W Kik _ od T �+ yam ti,, i $ 5{ � 11`t --6 /1 -129 G7~ b ,:0 3 4 30J/4 >? . CO, ci►2- 611 casiatm .1% 6t,„Ntiti ins.( Lt 1:,a4d -- av� L2-4-J la' CA,- 04:v• ,,nu '/y . Cp=s- 7.15- 7 AGENDA APRIL 10, 2012 •CEB REGULAR MEETING • PAGE 3 OF 4 BOARD ACTION - DISCUSSION • VOTE Case No. 11-129 Ben Smith. 920 NW 12th Street Ch 30 Sec 30 -43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Case No, 12 -011 David & Kim Black. 1009 SE 7th Street Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Code Officer Sterling testified notice of violation /notice of hearing was received by Ms. Worthen who is the daughter of property owner, Ben Smith (deceased). Mr. Sterling stated he spoke with her a couple of weeks ago she said it would be mowed. However, the property that was mowed was another location and not 920 NW 12th Street which is still overgrown. Member Close moved to find Case 11 -129 Ben Smith at 920 NW 12'" Street, based on the testimony of Code Officer Sterling, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning, imposing a fine of twenty -five dollars per day five days after proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES SWEDA • ABSENT HUCKABEE - ABSENT CLOSE - YES CONRAD - YES DENISUK - YES DOUGLAS - ABSENT MOTION CARRIED. PIPPIN • YES Code Officer Sterling testified notice of violation was received by property owner and notice of hearing was posted on the property. Property owners, David & Kim Black live out of state and the Code Officer has not heard from them. Mr. Sterling stated they are repeat violators for general cleaning. Member Conrad moved to find Case 12 -011 David & Kim Black at 1009 SE 7th Street, based on the testimony of Code Officer Sterling, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning, imposing a fine of twenty -five dollars per day fourteen days after proper notification, before a second was made Member Conrad amended the amount to fifty dollars per day seven days after proper notification; seconded by Member Close. VOTE GAMIOTEA • YES SWEDA - ABSENT HUCKABEE•ABSENT CLOSE• YES CONRAD • YES DENISUK • YES DOUGLAS - ABSENT MOTION CARRIED. PIPPIN - YES Case #11 -129 Ben Smith 1,3 920 NW 12th Street Ch 30 Sec 30 -43 Public Nuisance Ch 30- Sec 30 -44 General Cleaning & Beautification • 09/12/2011 — Sent Courtesy Card. • 12/07/2011 —Posted & Mailed Notice of Violation. • 01/18/2012 — Sent Notice to Appear. • 01/31/2012 — Notice to Appear received, • signed for by Lula Worthen. • 03/15/2012 — Mailed rescheduled Notice to Appear. • 03/21/2012 — Notice to Appear received, • signed for by Lula Worthen. CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 11-129 Name: Ben Smith (Lula Worthen) Property Location: 920 NW 12th Street Code Board Action: Imposed a fine starting 6/12 /12 @ $25.00 per day for code violation Ch 30 Sec 30-43 Public nuisance & Sec 30-44 Gen. Cleaniniz Accrual of Fine: June Nov = 3o fi.c-13 l� 5 s 61s- Date of Compliance: Ia lq I �, September 26, 2012 Ben Smith Citi of Okeechobee Attn: Lula Worthen PO Box 880906 Port St. Lucie, FL 34988 Re: 920 NW 12`h Street Case #11-129 Dear Ms. Worthen: Code bnforcernent This letter is in reference to the Board Order dated April 10, 2012 notifying you a twenty five dollar per day fine would be imposed beginning June 12, 2012 by the Code Enforcement Board against property located at 920 NW 12' Street for failure to comply with City Ordinances. As of September 13, 2012 the fine has accrued for ninety (90) days. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the property to collect the fine. This action would result in a serious financial burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately to let us know your intentions. The next regularly scheduled Code Enforcement Board meeting is October 9, 2012 at which time the Code Board could decide to recommend foreclosure. Please contact me at 863-357-1971 to discuss this matter. Si 13 6d Sterling Code Enforcement Officer 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 312 NORTHWEST 3RD STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.2131 DATE:06/15/2012 TIME:09:43:40 AM RECEIPT:2012006190 CITY OF OKEECHOBEE ITEM -01 LN 09:43:40 AM FILE:2012006080 BK/PG:00716/0551 RECORDING FEE 18.50 Sub, Total 18.50 ITEM -02 LN 09:43:40 AM FILE:2012006081 BK/PG:00716/0553 RECORDING FEE 18.50 Sub. Total 18.50 ------------------------ AMOUNT DUE: $37.00 PAID CASH: $40.00 CASH RETURNED: $3.00 TOTAL PAID: $37.00 REC BY:M PINON DEPUTY CLERK www.clerk.co.okeechobee.fl.us 1 (.Ili i)t't t\i l •If\ ,rt 1 �hddr,1 t6r t'r�lc , 1 t"AM", rs t Lm1,>.+H rn .,u n❑Vitt,ri•. Ir, n. J. It i nzir I u1nN � uN HI l t1l,. M of da• r nne. thgr, fll: tLc+`• •• .. „�rllt„tpynl'. !tial •l;dr and , uniupruy. ,!.all) UUU( th, 1� FFI- Certified > Postage I $ Fee I{— fL M Return Receipt Fee O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) O ro r_ Total Postage & Fees $ Postmark H re RJ Sent To ap� /( �^ _- . -51- �C.e! __--------------------------------- '� Street, Apt. No.; or PO Box No. ---------------------------------------------------------------------- PS Form City, State, ZIP+4 :r0 August 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". s If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 t k Code Violation Report i)ate: I -)L 16 11al I Case # 9I? Property Owner: �ty m Phone: 2.0 til (AJ l Z- +- Alw t3 s; Mailing Address: PO $ o x. s 0 90 (�o , 5�-, J. akcc-e . FL- 644g� Lot(s): Block: Section: ("i -TTi o4 Parcel# 3 -Is -37-3S- --6alo -ciaoii a - ai4o Disabled Vehicles Untended Vegetation ZGeneral Cleaning 1/ Public Nuisance Other: Notice of Violation: Reinspected: Status: Received: Reinspected: Status: Notice of Hearing: Mailed:1/ 0 4- Received: Hand Delivered: Reinspected: Status: Reinspected: Status: Contacted: Owner: Tenant: Other: Contact made on: Code Enforcement Action: [ o U a In person: _ By phone: _ Photo taken on: Compliance Date: I -/a i l 0,-� ProJactiv4 Reactive Qk�chobee County Property Appraiser - Map Printed on 9/1/2011 12:15:05 PM C? /1;/// Page 1 of 1 ;eechobe-, 'oi my Prope Ly Apprt��s�f�� 6 110 241, 36,U 4t W.C. "Bill" Sherman, CFA - Okeechobee. Florida - 863-763-4422 L PARCEL: 3-15-37-35-0010-00090-0140 -VACANT (000000) CITY OF OKEECHOBEE LOTS 14 & 15 BLOCK 9 Name: SMITH BEN LandVal $5,000.00 Site: 920 NW 12TH ST, OKEECHOBEE BldgVal $0.00 P O BOX 25425 ApprVal $5,000.00 Mail: SARASOTA, FL 342775425 JustVal $5,000.00 Sales Assd $5,000.00 Info Exmptle 1,6 Taxable $5, 00.00 I This information, CAMA updated: 8/25/2011, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. < � � J FLl' --31� q http://www.okeechobeepa.corn/GI S/Print_Map.asp?pjboiibchhj bnligcafcefocnfkfdfefdbblejngbckcicnkcfao. 9/1/2011 Cit"y of Okeechobee Code enforcement CODE ENFORCEMENT BOARD CASE # 11-00129 NOTICE OF VIOLATION 12/07/2011 BEN SMITH PO BOX 880906 PORT ST. LUCIE, FL 34988 RE: LOTS: 14 & 15 BLK: 9 PARCEL: #31537350010000900140 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 920 NW 12TH & 13TH STREETS, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisances CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN GRASS AND CLEAN PROPERTY The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contracted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this tirne frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition a twenty-five dollar administrative fee may be charged if the violation is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact me at 863-357-1971. Sincerely, Fr Sterling F� Code Enforcement Officer (863)357-1971 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 NO IC 40 Yon are violating Local Codes/Ordinances in particular: +3FAu77Fi_tA7Jo.�J 5 Days from date posted is required to correct the Violation(s). Should you tail to comply, you may be subject to an appearance before the Code Enforcement Board / Special Magistrate and possible tines. Dated rhiti _Z --day ofthcmonthuf'D�= at6r�C thcy�earof2041 Signer - 'Title -- .__ :j oct E_ F®tt f F[IF- City of Okeechobee 55 SE 3rd Avenue - Okeechobee, F1, 34974 863-357-1971 FMxfd. St.InAe r05 f CODE ENFORCEMENT BOARD OF CASE NO. 11-00129 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- BEN SMITH Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisances 2. Location of Violation: 920 NW 12TH & 13TH STREETS, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010000900140 4. Respondent(s) name & address: BEN SMITH; PO BOX 880906 c/o LULA WORTHEN PORT ST. LUCIE, FL 34988 5. Description of violation: PLEASE MOW OVERGROWN GRASS AND CLEAN PROPERTY 6. Date by which violation is to be corrected: 2/01/2012 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 14th day of February, 2012, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. i DATED THIS I tday of CGf) L,��I V , 2011-- CODE 01y-CODE ENFORCEMENT BOARD Fred Sterling < 55 SE 3rd Avenue Code Enforcement Officer Okeechobee, Florida 34974 (863) 357-1971 Postage F Certified Fee Postmark Retum Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To O r1 Street, Apt. No.;�� or PO Box No. City, State, ZIP+4 PS Form :i0 August 2006 See Reverse for Instruc tions Certified Mail Provides: is A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders; ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT- Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: BEN SMITH c/o LULA WORTHEN PO BOX 880906 PORT ST. LUCIE, FL 34988 2. Article Number (Transfer from service label) A. Signature X A -L' B. Received by ( Printed Name) C. D. Is delivery address different from item 1' If YES, enter delivery address below: ❑ Agent ❑ Addressee 31 ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7010 2780 0002 7745 4062 ❑ Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02,M-1540 UNITED STATES POSTAL SERVICE First -Class Mail RECEIVED FEB - 1 21111111 Postage &Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • I- 0 �.. � L 34 ru LrI M MEEE=M= U.) Postage 17 - Certified Fee ru M Return Receipt Fee E3 (Endorsement Required) 1-3 Restricted Delivery Fee (Endorsement Required) ED CO r- Total Postage & Fees ru Postmark Here Sent To M - - ----Y 0 Ahuq -------------------------- -q - -SFrWjf -AptNo; or PO Box No. State,--------------------------------------------------------------------- City PS Form 3800. ALIgUM 2006 See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 CODE ENFORCEMENT BOARD OF CASE NO. 11-00129 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner. -vs- BEN SMITH Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisances 2. Location of Violation: 920 NW 12TH & 13TH STREETS, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010000900140 4. Respondent(s) name & address: BEN SMITH; PO BOX 880906 c/o LULA WORTHEN PORT ST. LUCIE, FL 34988 5. Description of violation: PLEASE MOW OVERGROWN GRASS AND CLEAN PROPERTY 6. Date by which violation is to be corrected: 4/02/2012 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 10th day of April, 2012 , at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THIS ,� \ day of IgCo Lj 2012 CODE ENFORCEMENT BOARD �'-�E d Sterling 55 SE 3rd Avenue Code EnforcementOffice Okeechobee, Florida 34974 (863) 357-1971 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LULA WORTHEN PO BOX 880906 PORT ST. LUCIE, FL 34988 A. Sign re X ❑ Agent . ❑ Addressee B. Received by (Printed Name) C. Date of Delivery Ct" ';' k -3 l/ 3- D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type X Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 2780 0002 7745 4352 (Transfer from service laben PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF OKEECHOBEE CODE DEPT. 55 S.E. 3n! AVE. OKEECHOBEE, FL U974 Case #11-129 Ben Smith 920 NW 12t" Street Ch 30 Sec 30-43 Public Nuisance Ch 30- Sec 30-44 General Cleaning &Beautification • 09/12/2011— Sent Courtesy Card. •12/07/2011—Posted & Mailed Notice of Violation. • 01/18/2012 — Sent Notice to Appear. • 01/31/2012 —Notice to Appear received, • signed for by Lula Worthen. • 03/15/2012 — Mailed rescheduled Notice to Appear. • 03/21/2012 — Notice to Appear received, • signed for by Lula Worthen.