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2013-05-14702 CITY OF OKEECHOBEE MAY 14, 2013 REGULAR CODE ENFORCEMENT BOARD MEETING AGENDA CALL TO ORDER - Chairperson: May 14, 2013 Regular Meeting II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Randy Huckabee Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Rennae Sweda 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 February 12, 2013 Regular Meeting. SUMMARY OF BOARD ACTION PAGE 1 OF 4 BOARD ACTION - DISCUSSION - VOTE May 14, 2013 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea. Present Absent with consent Present Present Present Present Present Absent with consent Present Present Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for February 12, 2013; seconded by Member Sweda. VOTE GAMIOTEA - YES HUCKABEE - ABSENT CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - ABSENT MOTION CARRIED. 703 MAY 14, 2013 - CEB REGULAR MEETING - PAGE 2 OF 4 If AGENDA III BOARD ACTION - DISCUSSION - VOTE fI V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling Case No. 12-128 Marguerite Donofrio. 400 SE 10' Avenue Ch 30 Sec 30-43 Public nuisance Case No. 12-139 Alumni Partners 11 LLC. 206 SW 9" Avenue Ch 30 Sec 3043 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Code Officer Sterling requested the withdrawal of Cases 13-003 Robert Rigano and 13-027 Ella Rhodes from today's agenda due to compliance. Code Officer Sterling testified property owner Marguerite D'onofrio had contacted the building inspector, Jeff Newell, this afternoon. She stated she had been in the hospital and requested more time to bring the property into compliance. Member Close moved Case 12-128 Marguerite Donofrio of 400 SE 10" Avenue be postponed until the next regularly scheduled Code Enforcement Board meeting; seconded by Member Pippin, VOTE GAMIOTEA - YES HUCKABEE - ABSENT CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - ABSENT MOTION CARRIED. Code Officer Sterling testified notice of violation/notice of hearing was received by certified mail. Mr. Sterling said this is a vacant lot which is very overgrown. He said the owners have always mowed the property when they received notice of hearing, but this time nothing has been done. Member Sweda moved to find Case 12-139 Alumni Partners 11 LLC of 206 SW 9' Avenue in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning & beautification, imposing a twenty-five dollar per day fine beginning three days after receipt of proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES HUCKABEE - ABSENT CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - ABSENT MOTION CARRIED. MAY 14, 2013 -CEB REGULAR MEETING - PAGE 3 OF 4 704 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II Case No.13-016 Holy Ghost Church of God.1018 NW 5t' Avenue 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 certified mail. Mr. Sterling stated this vacant' lot is overgrown and is next to a structure. Chief Smith told the board his only concern is the property being located next to a house could be an issue with wild fires. Member Denisuk moved to find Case 13-016 Holy Ghost Church of God at 1018 NW5th', Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning & beautification, imposing a fine of twenty-five dollars per day beginning ten days after receipt of proper notification; seconded by Member Close, VOTE GAMIOTEA - YES HUCKABEE - ABSENT CLOSE - YES CONRAD - YES DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - ABSENT MOTION CARRIED. 705 AGENDA 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, 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. MAY 14, 2013 - CEB REGULAR MEETING - PAGE 4 of 4 BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:00 P.M. NDEPENDENT � NEWSPAPERS OKEECHOBEE NEWS 107 S.W.'17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA ry)(�- 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, Flor da, th4t the attach copy of advertisement being a - in the matter of _(,,,e rr L,._L ' r --....... ... _.._..... - in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of r � a 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 afiant 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 worn to and subscribed before me this _day of ate_}}` _�-'L----- AD i Notary Public, State of Florida at Large a �.a�e..v�ac�; rxYc s M AME BRIDGES MY COMMISSION # EE 177653 'Ps EXPIRES: April 20, 2016 pF fi� Bonded Thru Nagy Public Underwriters CITY CODE ENFORCEMENT BOARD MEETING ---- NOTICE IS HEREBY GIVEN that the GLy of Okeechobee Code Enforce- ment Board will be meeting on Tuesday, hfayy 14, 2013 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 deUsion involving the matters no- ticed spon herein will be re risible for making a verbatim record of the testimo- ny and evidence at said mewing upon which any appeal is to be based. Please contact Sue Christopher, 863-763.4423, or website www�. Jlygfokeechobee.com, to obtain a ropy of the agenda. In aaordance with the Americans with DisabilMes 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. 4b43063 Jamie GamloteaSJ10J 013�e Board Chairperson CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MAY 149 2013 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: May 14, 2013 Regular Meeting, 6:30 pm II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea ✓ Vice Chairperson Randy Huckabee jq U/r t Board Member Melissa Close ✓ Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Rennae Sweda V' Alternate Member Dennis Murphy uc1c' °n"'` 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 reading and approve Summary of Board Action for the February 12, 2013 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 of 2 arf "Li�W- k�-u 7qL'Mal� x r PAGE 2 OF 2 VI. VII. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 12-128 Marguerite D'onofrio 400 SE 10`h Avenue 12-139 Alumni Partners II LLC 206 SW 9" Avenue 13-003 Robert Rigano 1145 SE 23rd Street 13-016 Holy Ghost Church of God 1018 NW 5' Avenue 13-027 Ella Rhodes 1005 SW 10°i Avenue ADJOURN MEETING - Chairperson. Violation Ch 30 Sec 30-43 Public nuisance 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 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. 7 p�n Case No. 11-072 12-011 12-106 12-114 E xh;io it -4-L fAky 1 ql �-013 CODE ENFORCEMENT BOARD May 14, 2013 Name Fine Started Filed 90 Days Code Board Action Barbara Mills $25/day 12/8/11 12/16/11 3/15/12 10/11/11- Imposed fine on 12/8/11 for general cleaning/public nuisance 406 NW 5`h Steet 2/12/13 - Recommend legal action to clean propertylapproved by City Council on 3/5/1 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 Th Street Wanda Page $5/day 1/28/13 5/08/13 8/05/13 1/08/13 - Imposed fine on 1/28/13 for general cleaning/public nuisance 803 NW 116 Street Stephen & Grace Mitchum $25/day 3/18/13 5/08/13 8/05/13 2/12/13 - imposed fine on 3/18/13 for general cleaning/public nuisance 606 SW 14" Street E� xh►b',-4- i � MAY tq, a013 City of Okeechobee Code Board Meeting May 14, 2013 Case # 12-128 Marguerite Donofrio 400 SE 10t" Avenue Sec. 30-43 Public Nuisance • 11/28/2012 — Jeff Newell sent letter about the condition of the structure. • 11/30/2012 — Sent Nuisance & Safety Hazard Notice of Violation. • 12/01/2012 — Notice of Violation received, signed for by Ms. D'onofrio. • 12/10/2012 —Jeff Newell & myself met with Ms. D'onofrio. • 02/15/2013 — Mailed Jeff Newell's second letter along with Notice of Hearing. • 03/07/2013 — Notice of Hearing returned, Unclaimed. • 03/11/2013 — Called Ms. D'onafrio, left message to please call Jeff or myself. 04/12/2013 — Re mailed Jeff's letter and Notice of Hearing. • 05/03/2013 — Notice of Hearing returned, Unclaimed. Posted property. • 05/08/2013 — Sue called Ms. D'onafrio, left message to call Jeff. Case #12-128 Marguerite Wor(affrio 400 S E 10t" Ave n u e mr-I'm, Eli 13 4 �'v' � q �„ . ,,"^w '`': .� � % . �� .: xm . �< <«,:.>p,: /. . \ ��\� . � �� .\� d���\�� \\» . � \: f Slk f -WW; .t z-V 77 ol F 1' III Illlp � '� �.. � . '�: ���` "`�- _ � y �n . > . �. •�; ► �'�' � ^s ..d r M a I V r s ME City Ordinance Article 11 Section 30-43 "Public Nuisances" (a) "Public Nuisance" as defined in this section, means .....tends to impair the economic welfare of adjacent property; including abandoned or junk property as defined by this article; unsightly, derelict or unsafe building or structure which may constitute a hazard to safety, health, welfare or sense of public aesthetics by reason of inadequate maintenance., dilapidation, obsolescence (no longer in use), or abandonment. ianc[owner or custoctian tnereot snail taKe wnatever corrective measure as directed by the board, within the time period provided by the board PROPERTY VIOLATIONS City Ordinance Article II Section 30-43 ides a habitation for rodents, vermin, and wild and stray animals. Case # 12-139 Alumni Partners II LLC 206 SW 9t" Avenue 30-43 —Public Nuisance 30-44 —General Cleaning &Beautification • 11/21/2012 — Sent Courtesy Card. • 12/19/2012 — Sent Notice of Violation. • 12/24/2012 — Notice of Violation received, signed for by Kevin Kiernan. • 03/20/2013 — Mailed Notice of Hearing. • 03/27/2013 — Notice of Hearing returned, forwarding time expired. • 03/28/2013 — Posted property with Notice to Appear. • 04/12/2013 — Re mailed Notice of Hearing. • 04/15/2013 - Notice of Hearing received, signed for by J. Perri. Case #12-139 Alumni Partners II LLC Case #13-016 Holy Ghost Church of God 1018 NW 5t" Avenue 30-43 —Public Nuisance 30-44 — General Cleaning & Beautification • 01/03/2013 — Sent Courtesy Card. • 02/13/2013 — Mailed Notice of Violation. • 03/08/2013 — Notice of Violation returned, • Unclaimed. • 03/12/2013 — Re -mailed Notice of Violation. • 03/15/2013 — Notice of Violation received, • signed for by Shabeisha Wright. • 04/12/2013 — Mailed Notice of Hearing. • 04/16/2013 — Notice of Hearing received, • signed for by Shabeisha Wright.