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2012-10-09CITY OF OKEECHOBEE OCTOBER 9, 2012 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Vice Chairperson: October 9, 2012 Regular Meeting II. PLEDGE OF ALLEGIANCE - Vice Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Randy Huckabee Board Member Melissa Close Board Member Ted Denisuk Board Member Judy Douglas Board Member Jim Pippin Board Member Rennae Sweda Alternate Member Louise Conrad Alternate Dennis Murphy 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 July 10, 2012 Regular Meeting. PAGE 1 OF 4 BOARD ACTION - DISCUSSION - VOTE October 9, 2012 Code Enforcement Board meeting was called to order at 6:30 p.m. by Vice Chairperson Huckabee. Absent with consent (Vice Chairperson Huckabee filled the seat for Chairperson Gamiotea) Present Present Absent with consent (Louise Conrad filled the seat for Ted Denisuk) Absent with consent Present Absent with consent Present Absent with consent Absent Absent Present Present Member Pippin moved to dispense with the reading and approve the Summary of Board Action for July 10, 2012; seconded by Member Conrad. VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE -YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. OCTOBER 9, 2012 - CEB REGULAR MEETING - PAGE 2 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Vice Chairperson. A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the addition of Case 10-097 Kurt & Jacqueline Keplinger and the withdrawal of Case 12-075 today s agenda. III Alumni Partners II from today s agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : Case No.12-067 Alumni Partners ll. 206 SW 911 Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Case No.12-077 Rene & Terry Lieurance. 805 SE 6' Court 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 were received by certified mail. Mr. Sterling stated in the past the property owner has always cleaned the property when he received notification. However, this time the property is very overgrown and nothing has been done to bring the property into compliance. Member Pippin moved to find Case 12-067 Alumni Partners If, 206 SW 9' Avenue in violation of Ch 30 Sec 30-43 Public nuisance and Sec 3044 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning seven days after receipt of proper notification; seconded by Member Close. VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. Code Officer Sterling testified property owner Rene Lieurance contacted him to determine what needed to be done to bring the property into compliance. After talking with Code Officer Sterling, Mr. Lieurance mowed the property, but requested more time to remove the debris from the carport. Code Officer Sterling stated at this time the property is approximately 85% cleaned. Member Close moved, based on the testimony of Code Officer Sterling, to postpone Case 12-077 Rene & Terry Lieurance, 805 SE 61' Court, until the next regularly scheduled Code Board meeting; seconded by Member Conrad. VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. OCTOBER 9, 2012 -CEB REGULAR MEETING - PAGE 3 OF 4 II AGENDA III BOARD ACTION -DISCUSSION -VOTE II Case No.12-078 Code Officer Sterling testified notice of violation/notice of hearing was posted on the property after certified mail was returned. Reynaldo Esquivel.1108 NW 71' Court Mr. Sterling stated he was unable to make contact with the property owner and the property has been vacant for about a year. Ch 30 Sec 30-43 Public nuisance Member Conrad moved to find Case 12-078, Reynaldo Esquivel, 1108 NW 7' Court, in violation of Ch 30 Sec 3043 Public Ch 30 Sec 3044 General cleaning & beautification nuisance and Sec 3044 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning seven days after receipt of proper notification or posting notification on property; seconded by Member Pippin, VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. Case No.10-097 & Case No.11-113 Code Officer Sterling testified Kurt and Jacqueline Keplinger abandoned the property at 407 NE 9" Avenue several years ago Kurt & Jacqueline Keplinger. 407 NE 9' Avenue and it has two Code Enforcement liens for public nuisance and general cleaning totaling $53,225,00. The first lien on Case 10- Code Board considered recommending foreclosure 097 accrued for two -hundred twenty nine days at $25.00 per day for a total of $5,725.00. The second lien on Case 11-113 accrued for ninety-five days at $500.00 per day for a total of $47,500,00. According to Mr. Sterling, Wells Fargo Bank no longer has any interest in the property and has filed a satisfaction/release of mortgage dated June 28, 2012, Member Close moved, based on the testimony of Code Officer Sterling, to recommend City Council consider, at their next regularly scheduled meeting, beginning foreclosure proceedings on Case 10-097 & Case 11-113 Kurt & Jacqueline Keplinger, 407 NE 9" Avenue; seconded by Member Pippin, VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. AGENDA ADJOURNMENT - VICE CHAIRPERSON HUCKABEE. R dy � uc abee, Vice Chairperson ATTEST: 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. OCTOBER 9, 2012 - CEB REGULAR MEETING - PAGE 4 OF 4 BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, VICE CHAIRPERSON HUCKABEE ADJOURNED THE MEETING AT 7:00 P.M. -INDEPENDENT _ NE WSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J 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 4 in the matter of �A t` u Lr t , in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of j f : I fI .?-- 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. Tom Byrd Sworn to and subscribed before me this ..... day of � _$�� .... ' ..'._" AD Notary Public, State of Florida at Large 1 MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforc -nt Board will be meeting on Tuesday, October 9 2012 at 6:30 p.r as soon thereafter, City Hall, 55 SE 3rd Ave, Rm 2a0, Okeechobee, Flo The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by tined court reporter will be made of the foregoing meebng. According y person who may seek to appeal any decision involving the matters n herein will be responsible for making a verbatim record of.the testim and evidence at said meeting upon which any appeal is to be base ase contact Sue Christopher, 863-763-4423, or website cityofokeechobee con to obtain a copy of the agenda. In accordance wdh the Americans with Disabilities Act (ADA) of 1990 p[ ns needing special accommodation to participate in this proceeding shot ntact the Fire Department at 863-763-4423 for assistance. :.Jamie Gamictea, Code Board Chairperson ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters CITY OF OKEECHOBEE OCTOBER 9, 2012 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 - Vice Chairperson: October 9, 2012 Regular Meeting 111. PLEDGE OF ALLEGIANCE - Vice Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Randy Huckabee Board Member Melissa Close Board Member Ted Denisuk Board Member Judy Douglas Board Member Jim Pippin Board Member Rennae Sweda Alternate Member Louise Conrad Alternate Dennis Murphy Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher October 9, 2012 Code Enforcement Board meeting was called to order at 6:30 p.m. by Vice Chairperson Huckabee. Absent with consent (Vice Chairperson Huckabee filled the seat for Chairperson Gamiotea) Present Present Absent with consent (Louise Conrad filled the seat for Ted Denisuk) Absent with consent Present Absent with consent Present Absent with consent Absent Absent Present Present IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Pippin moved to dispense with the reading and approve the Summary of Board Action for July 10, 2012; seconded Summary of Board Action for the July 10, 2012 Regular by Member Conrad. Meeting. VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE -YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. OCTOBER 9, 2012 - CEB REGULAR MEETING - PAGE 2 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Vice Chairperson. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested the addition of Case 10-097 Kurt & Jacqueline Keplinger and the withdrawal of Case 12-075 today's agenda. Alumni Partners II from today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : Case No.12-067 Alumni Partners 11.206 SW 9' Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Case No. 12-077 Rene & Terry Lieurance. 805 SE 6" Court 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 were received by certified mail. Mr. Sterling stated in the past the property owner has always cleaned the property when he received notification. However, this time the property is very overgrown and nothing has been done to bring the property into compliance. Member Pippin moved to find Case 12-067 Alumni Partners II, 206 SW 91' Avenue in violation of Ch 30 Sec 30-43 Public nuisance and 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 seven days after receipt of proper notification; seconded by Member Close. VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. Code Officer Sterling testified property owner Rene Lieurance contacted him to determine what needed to be done to bring the property into compliance. After talking with Code Officer Sterling, Mr. Lieurance mowed the property, but requested more time to remove the debris from the carport. Code Officer Sterling stated at this time the property is approximately 85% cleaned. Member Close moved, based on the testimony of Code Officer Sterling, to postpone Case 12-077 Rene & Terry Lieurance, 805 SE 6'h Court, until the next regularly scheduled Code Board meeting; seconded by Member Conrad. VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. OCTOBER 9, 2012 -CEB REGULAR MEETING - PAGE 3 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 Case No.12-078 Code Officer Sterling testified notice of violation/notice of hearing was posted on the property after certified mail was returned. Reynaldo Esquivel.1108 NW 71 Court Mr. Sterling stated he was unable to make contact with the property owner and the property has been vacant for about a year. Ch 30 Sec 3043 Public nuisance Member Conrad moved to find Case 12-078, Reynaldo Esquivel,1108 NW 71n Court, in violation of Ch 30 Sec 30-43 Public Ch 30 Sec 30-44 General cleaning & beautification nuisance and Sec 3044 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning seven days after receipt of proper notification or posting notification on property; seconded by Member Pippin, VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. Case No.10-097 & Case No.11-113 Code Officer Sterling testified Kurt and Jacqueline Keplinger abandoned the property at 407 NE 9th Avenue several years ago Kurt & Jacqueline Keplinger. 407 NE 9n Avenue and it has two Code Enforcement liens for public nuisance and general cleaning totaling $53,225.00, The first lien on Case 10- Code Board considered recommending foreclosure 097 accrued for two -hundred twenty nine days at $25.00 per day for a total of $5,725.00. The second lien on Case 11-113 accrued for ninety-five days at $500,00 per day for a total of $47,500,00. According to Mr. Sterling, Wells Fargo Bank no longer has any interest in the property and has filed a satisfaction/release of mortgage dated June 28, 2012. Member Close moved, based on the testimony of Code Officer Sterling, to recommend City Council consider, at their next regularly scheduled meeting, beginning foreclosure proceedings on Case 10-097 & Case 11-113 Kurt & Jacqueline Keplinger, 407 NE 91n Avenue; seconded by Member Pippin, VOTE GAMIOTEA - ABSENT HUCKABEE - YES CLOSE - YES DENISUK - ABSENT DOUGLAS - ABSENT PIPPIN - YES SWEDA - ABSENT CONRAD - YES MURPHY - ABSENT MOTION CARRIED. OCTOBER 9, 2012 - CEB REGULAR MEETING - PAGE 4 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 ADJOURNMENT - VICE CHAIRPERSON HUCKASEE. III THERE BEING NO FURTHER ITEMS ON THE AGENDA, VICE CHAIRPERSON HUCKASEE ADJOURNED THE MEETING AT 7:00 P.M. Randy Huckabee, Vice 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. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 9, 2012 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: October 9, 2012 Regular Meeting, 6:30 pm II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea 4 Vice Chairperson Randy Huckabee Board Member Melissa Close ✓ Board Member Ted Den isuk 4 L�)/Clo-)`� Board Member Judy Douglas Board Member Jim Pippin ✓ Board Member Rennae Sweda h Alternate Member Louise Conrad Alternate Member Dennis Murphy A Board Attorney John Cook A 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 July 10, 2012 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 /J 17 ku,li- A41141-1- 4"t 4 C� 1 l i.E'�( V ticJ l 9-'� �a7 PAGE 2 OF 2 W w NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 12-067 Alumni Partners II 206 SW 9t' Avenue 12-075 Alumni Partners II 1018 NW 5' Avenue 12-077 Rene & Terry Lieurance 805 SE 6t' Court 12-078 Reynaldo Esquivel 1108 NW 7th Court 11-113 Kurt Keplinger 407 NE 9" Avenue ADJOURN MEETING - Chairperson. Violation 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 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 Consider recommending foreclosure 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. CODE ENFORCEMENT BOARD Q C '+06jtr 91 zo October 9, 2012 Case No. Name Fine Started Filed 90 Days Code Board Action 11-028 George Morris, III $25/day 7/27/1 I 8/31/1 I 1 I/28/11 7/12/11 - Imposed fine on 7/27111 for general cleaning 202 NE 8" Avenue 11-072 Barbara Mills $25/day 12/8/11 12/16/11 3/15/12 10/11/11 - Imposed fuse on 12/8/11 for general cleaning/public nuisance 406 NW 51" Steet 11-129 Ben Smith $25/day 6/12/12 6/15/12 9/13/I2 4/10/12 - Imposed fine on 6/12/12 for general cleaning/public nuisance 920 NW 12 Street 12-011 David & Kim Black $50/day 4/24/12 6/15/12 9/13/12 4/10/12 - Imposed fine on 4/24/12 for general cleaning/public nuisance 1009 SE 71" Street FX h1 6 E+ 40, cue 6iAr 91 910M it i G vx0l Code Board Meeting October 9, 2012 U.. Case # 12-067 Alumni Partners II LLC 206 SW 9t" Avenue Sec. 30-43 Public Nuisance Sec. 30-44 General Cleaning &Beautification • 06/28/2012 — Sent Courtesy Card. • 08/14/2012 — Sent Notice of Violation. • 08/17/2012 — Notice of Violation received, signed for by J. Perri. • 08/24/2012 — Sent Notice of Hearing. • 08/27/2012 — Notice of Hearing received, signed for by J. Perri. Case # 12-078 Reynaldo Esquivel 1108 NW 71h Court Ch 30 Sec 30-43 Public Nuisance Ch 30 Sec 30-44 General Cleaning & Beautification • 06/07/2012 — Sent Courtesy Card. • 06/27/2012 — Courtesy Card returned. • 08/23/2012 — Sent Notice of Violation. • 08/27/2012 — Notice of Violation returned, Unclaimed. • 09/11/2012 — Posted property with Notice of Violation/Notice of Hearing. s Case # 10-097 Case # 11-113 Kurt Keplinger 407 NEgthAvenue Case #10-097 $5),725.00 Case #11-113 $47,500.00 Prepared by and Return To: Wells Fargo Bank, N.A. 7711 Plantation Road, 3rd Floor, Roanoke, VA 24019-3224 1-866439-3557 FILE' NUN 2012007251 OR BK 00717 PG 1019 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FLORIDA RECORDED 07/18/2012 01:37:33 Ph RECORDING FEES $10.00 RECORDED BY 11 Pinon P9 1019; UPS) SATISFACTION/RELEASE OF MORTGAGE DATE: 06/28/2012 THAT CERTAIN MORTGAGE owned by the undersigned, an association under the laws of the United States of America, dated 10-22-2002, executed by KURT KEPLINGER & JACQUELYN KEPLINGER , as Mortgagor, to Wachovia Bank, National Association, as Mortgagee, and filed for record 10-24-2002 as Document Number 379437 (or in Book 0487 Page 1049), in the original sum of $57147.01, in the Office of the (Clerk of the Circuit Court)(County Administrator)(Comptroller) of Okeechobee County, Florida, is, with the indebtedness thereby secured, fully paid and satisfied. �• ,`'�"' '��•��'' �l ��'• : Wells Fargo Bank, N.A. �j`ra' �/' �� o = SBM Wachovia Bank, National Association chi) WALLS •., S •••.....+•� ,�� '�.,�;�M�* By (Signed) ��.•`� Holly A J 7Documentation STATE OF VIRGINIA/COUNTY OF ROANOKE )ss. The foregoing instrument was acknowledged before me on 06/28/2012; by Holly Ann Jamison, VP Loan Documentation of Wells Fargo Bank, N.A., an association under the laws of the United States of America, on behalf of th sociatio 11 1- (A '"'Wow a I"" k My Oommpnwealh of VA ftwY pwk Seal - COW* of Roerwft Serena-VVilson Moore W oomm6mon opma IV3W2012 Notary Public for the State of Virginia Sawd wracn hfaa s 1D # 206M Residing at: Roanoke, Virginia My Commisision Expires: 11/30/2012 Commission# 296971 This document prepared by Holly Ann Jamison 1®11'111 Book717/Page1019 CFN#2012007251 Page 1 of 1