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2013-06-11CITY OF OKEECHOBEE JUNE 1112013 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION 706 PAGE 1 OF 4 II AGENDA III BOARD ACTION - DISCUSSION VOTE II I. CALL TO ORDER - Chairperson: June 11, 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 June 11, 2013 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea. Present Present Present Absent with consent (Dennis Murphy filled the seat for Member Conrad) Present Present Present Present Present Present Present Present IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Close moved to dispense with the reading and approve the Summary of Board Action for May 14, 2013; seconded by Summary of Board Action for the May 14, 2013 Regular Member Huckabee. Meeting. Two y GAMIOTEA - YES HUCKABEE - YES CLOSE - YES CONRAD - ABSENT DENISUK - YES I III PIPPIN - YES SWEDA - YES MURPHY - YES MOTION CARRIED. 707 DUNE 11, 2013 - CEB REGULAR MEETING - PAGE 2 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested the withdrawal of Case 13-037 Shirley Johnson, due to compliance. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : Case No. 12-128 Attorney Cook stated he had discussed Case 12-128 with the City building official, Jeff Newell, who believes the structure needs Marguerite D'onofrio. 400 SE 10' Avenue to be demolished. However, Mr. Cook advised the Code Board Florida Statutes specifically prohibits the Code Board from Ch 30 Sec 30-43 Public nuisance authorizing condemnation of a property in order to satisfy a code violation. He said one option available to them is to find it in violation of public nuisance and refer the matter to City Council to determine how to abate the nuisance. At this time the City building official, Jeff Newell, addressed the board stating he had been working with the property owner since November of 2012. The last conversation he had with her was the day of the last Code Board meeting on May 14, 2013. She told him she was having some medical issues and requested more time to bring the property into compliance. Mr. Newell said she had agreed to meet with him but he has not heard anything from her since that day. He gave an overview of the condition of the property stating all windows are broken, the door is ripped off the hinges providing public access, roof is deteriorating, no electricity or water, interior is full of broken furniture/debris and there are signs of vagrants living there. In conclusion, he listed several concerns as follows: accessibility of structure creates an attractive nuisance endangering the public, the derelict condition impairs the economic welfare of adjacent properties and property provides a habitation for rodents, wild animals, etc. He added, after talking to the property owner on several occasions, he feels she would like to restore the property but in his opinion she does not have the resources that would be required to bring the structure into compliance with building codes. After some discussion, Member Sweda moved to find Case 12-128 Marguerite Donofrio of 400 SE 10'h Avenue, in violation of Ch 30 Sec 30-43 Public nuisance, declaring the property a public nuisance based on the testimony of City building official, Jeff Newell, imposing a fine of twenty-five dollars per day beginning upon receipt of proper notification and requesting this case be placed on the next agenda for City Council to take further action to abate the nuisance; seconded by Member Huckabee. It was noted the consensus among the Code Board was for the property to be demolished. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE -YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - YES MOTION CARRIED. 708 ,JUNE 11, 2013 -CEB REGULAR MEETING - PAGE 3 OF 4 !) AGENDA 111 BOARD ACTION. DISCUSSION -VOTE II Case No. 11-116 Code Officer Sterling stated the property owner, Nasar Abuagab, had called earlier this afternoon saying he would be unable N & A Construction Inc. 406 NE 411 Street to attend the meeting and requested his case be postponed until the next code board meeting. Member Close moved to defer Request for release or reduction of lien Case 11-116 N & A Construction at 406 NE Ott' Street until the next regularly scheduled code enforcement board meeting; seconded by Member Denisuk. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE - YES CONRAD - AssENT DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - YES MOTION CARRIED. 709 JUNE 11, 2013 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION - DISCUSSION . VOTE ADJOURNMENT - CHAIRPERSON GAMIOTEA. II! THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:07 P.M. Jamie Gamiotea, Chairperson ATTEST: �-� On &� �W-c i�- 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. INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECI 1.OBEB 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 1.9th 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 o- corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement �cr-publication in the said newspaper. t Toni Byrd Sworn to and subscribed before me this - day of ----. -- . ` ' - .. AD Notary Public, State of Florida at Large f F a ' •> nY'ri ' ANGIE BRIDGES :r MY COMMISSlON k EE 177653 E.XPIRES:Af,ril20,20i6 ud " Bonded Thru Nota y Riblir, Underwriters aas+e«•,�er.i,..easxrw,m.�..�r.M..v�r CITY CODE ENFORCEMENT BOARD MEETING CE IS HEREBY GIVEN that the City of Okeechobee Code Enfc ianl will be meets on Tuesday, 3une 11, 2013 at 6:30 p.n thereafter, City Nail, 55 SE 3rd Ave, Rm 200, Okeechobee, Floc lic is invited and encouraged to attend. IE TAKE NOTICE AND BE ADVISED that no stenographic record court reporter will be made of the foregoing meeting. Accorch ;on who may seek to appeal any decision involving the matters rein will be responsible for making a verbatim record of the test evidence at said meeting upon which any appeal is to be ba ontact Sue Christopher, 863-763-4423, or website vofo1keechobe2pa to obtain a copy of the agenda. :ordance with the Americans WIM Disabilities Act (ADA) 9.f 1990 Tding special accommodation to participate In thus procee ontact the Fire Department at 863-763-4423 for assistance. iie Gamiotea, Code Board Chairperson ON 6/7/2013 CITY OF OKEECHOBEE .TUNE 1112013 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II CALL TO ORDER - Chairperson: June 11, 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 May 14, 2013 Regular Meeting. June 11, 2013 Code Enforcement Board meeting was called to order at 6.30 p.m. by Chairperson Gamiotea, Present Present Present Absent with consent (Dennis Murphy filled the seat for Member Conrad) Present Present Present Present Present Present Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for May 14, 2013; seconded by Member Huckabee. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE -YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - YES MOTION CARRIED. JUNE 11, 2013 - CEB REGULAR MEETING - PAGE 2 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested the withdrawal of Case 13-037 Shirley Johnson, due to compliance. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : Case No.12-128 Attorney Cook stated he had discussed Case 12-128 with the City building official, Jeff Newell, who believes the structure needs' Marguerite D'onofrio. 400 SE 10th Avenue to be demolished. However, Mr. Cook advised the Code Board Florida Statutes specifically prohibits the Code Board from Ch 30 Sec 30-43 Public nuisance authorizing condemnation of a property in order to satisfy a code violation. He said one option available to them is to find it in violation of public nuisance and refer the matter to City Council to determine how to abate the nuisance. At this time the City building official, Jeff Newell, addressed the board stating he had been working with the property owner since November of 2012. The last conversation he had with her was the day of the last Code Board meeting on May 14, 2013. She told him she was having some medical issues and requested more time to bring the property into compliance. Mr, Newell said she had agreed to meet with him but he has not heard anything from her since that day. He gave an overview of the condition of the property stating all windows are broken, the door is ripped off the hinges providing public access, roof is deteriorating, no electricity or water, interior is full of broken furniture/debris and there are signs of vagrants living there. In conclusion, he listed several concerns as follows: accessibility of structure creates an attractive nuisance endangering the public, the derelict condition impairs the economic welfare of adjacent properties and property provides a habitation for rodents, wild animals, etc. He added, after talking to the property owner on several occasions, he feels she would like to restore the property but in his opinion she does not have the resources that would be required to bring the structure into compliance with building codes. After some discussion, Member Sweda moved to find Case 12-128 Marguerite D'onofrio of 400 SE 10tn Avenue, in violation of Ch 30 Sec 30-43 Public nuisance, declaring the property a public nuisance based on the testimony of City building official, Jeff Newell, imposing a fine of twenty-five dollars per day beginning upon receipt of proper notification and requesting this case be placed on the next agenda for City Council to take further action to abate the nuisance; seconded by Member Huckabee. It was noted the consensus among the Code Board was for the property to be demolished. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE -YES CONRAD -ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - YES MOTION CARRIED. JUNE 11, 2013 -CEB REGULAR MEETING - PAGE 3 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II Case No.11-116 Code Officer Sterling stated the property owner, Nasar Abuagab, had called earlier this afternoon saying he would be unable N & A Construction Inc. 406 NE 41' Street to attend the meeting and requested his case be postponed until the next code board meeting. Member Close moved to defer Request for release or reduction of lien Case 11-116 N & A Construction at 406 NE 4'" Street until the next regularly scheduled code enforcement board meeting; seconded by Member Denisuk. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - YES MOTION CARRIED. JUNE 11, 2013 - CEB REGULAR MEETING - PAGE 4 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II ADJOURNMENT - CHAIRPERSON GAMIOTEA. 111 THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:07 P.M. 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. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD JUNE 1112013 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: June 11, 2013 Regular Meeting, 6:30 pm II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Randy Huckabpe ✓ Board Member Melissa Close Board Member Louise Conrad ��'"n "s����` Board Member Ted Denisuk�% Board Member Jim Pippin Board Member Rennae Sweda f Alternate Member Dennis Murphy 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 May 14, 2013 Regular Meeting V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 4 `7 PAGE 1 OF 2 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' Avenue 13-037 Shirley Johnson 810 NW 12th Street 11-116 N & A Construction Inc. 406 NE 4th Street 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 Request for release or reduction of lien 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, . cam. T07pr, E7%/.h: 64 OA- SL",e 111ao2 CODE ENFORCEMENT BOARD June 11, 2013 Case No. Name Fine Started Filed 90 Days Code Board Action 11-072 Barbara Mills $25/day 12/8111 12/16/11 3/15/12 10/11/11 - Imposed fine on 12/8/11 for general cleaning/public nuisance 406 NW 56 Steet 2/12/13 - Recommend legal action to clean property/approved by City Council on 31511 12-114 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 141h Street 12-139 Alumni Partners $25/day 5/24/13 5/14/13 - Imposed fine on 5/24/13 for general cleaning/public nuisance 206 SW 9" Avenue 13-016 Holy Ghost Church $25/day 5/31/13 5/14/13 - Imposed fine on 5/31/13 for general cleaning/public nuisance 1018 NW 5" Avenue City of Okeechobee Code Board Meeting June Ilth, 2013 Case # 12-128 Marguerite Donofrio 400 SE 10th 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 D'onafrio 400 SE10thAvenue NOTICE TO APPEXk 111ARG0FP1TE_ _U006-T-910 H-p-I'm By the date set llorth \ NO vkivwfact,� lilt- tindel-.i-fled ( mic lit%flector for verify collitilianck" M )1 1( 1 P., III R I HN (.'t\ f'N that the Alleged violati4ekj(s I wilt tie I) rowntut I I it I hc( its ( mi I; v if( It.] In I wk,* ('it% I hill, SV 3t(t Atelitiv, 01,vedwilvc, I I oft tilt, 1 Z�i,JF- 24:43 ted this 31 It, itch MAY the Y(IiII-4421613 Ig C;oSr*R Loo A.) A k_­d+._J?i 11 .1 , ad,, �,Cfv Mitt lot ltUC0I4oI*vc 55 _*%t ell tic MccOmbi'v, R —E c 4 y; p 117 y jP �g „ems�E qo� _;.r,T r h 7 AIf t � a 141 , � x i» y Al - '-, r � �'- " - � �•a. gild .a. �� � � g S gal e 1 I ge s M on II ✓m` "fr m " S n K y " aa+ a F u IF jvt*vlw_' b 4T •, 'Aa..y ,A a k A eq Y� n r r s. p b R- 4 .. z w F K. ill i 11 mom iy p dc, I '.. '�..�-.: I r << .,.,.,.,__..___ "'d� .... �.. ;Aia„ .. f dry , "` 6 City Ordinance Article II Se (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 b reason of inadequate maintenance, dilapidation, obsolescence (no ionger , us , aQ abandonment... 4y - (b) All nuisances are declared to be a public nuisance and illegal within t] municipal boundaries of the city, and shall be removed, corrected ;fir otherwi satisfied at the direction of the city as provided in this (c) ..... Upon determination �y - the oar t at a nuisanee oes 1n act exis "e landowner or custodian thereof shall take whatever corrective measure a directed by the board, within the time period provided by the board ..... (d) If the owner, agent or person in custody of any property upon which such nuisance should exist, fail, neglect or refuse to comply with the direction of the code enforcement board within the time provided ..... the code enforcement officer is empowered to authorize the property to be cleaned and the nuisance abated ..... (e) All cost incurred under this section for the abatement of the nuisance, including administrative code enforcement expenses, labor, equipment and material expenses, and any cost reasonably related to the abatement shall be the responsibility of the landowner..... 1) of this article, together including foreclosure i PROPERTY VIOLATIONS City ordinance Article II Section 30-43 r with the Structure is accessible to the public. The accessibility of the structure creates the attractive nuisance to the endangerment of the general public. 4) Property provides a habitation for rodents, vermin, and wild and stray animals. Case # 12-139 Shirley Johnson 810 NW 121" Street 30-44 —General Cleaning &Beautification • 03/05/2013— Sent Courtesy Card. • 04/05/2013 — Sent Notice of Violation. • 04/06/2013 — Notice of Violation received, signed for by Shirley Johnson. • 05/28/2013 — Mailed Notice of Hearing. • 05/29/2013 — Notice of Hearing received, signed by Shirley Johnson Case 12-139 Shirley Johnson Case #11-116 N & A Construction 406 NE WhStreet Sect: 30-44 General Cleaning &Beautification • 09/28/2011— Sent Courtesy Card. • 11/03/2011— Notice of Violation mailed. • 11/09/2011— Notice of Violation received, signed for by Laura Mtzi. • 12/15/2011— Notice of Hearing mailed. • 12/16/2011— Notice of Hearing received, signed for by Fabiola Segura • 01/10/2012 — Code Board imposed a fine of $50.00 per day effective 11/09/2011 for repeat violator. • 01/19/2012 — Board Order received by N & A Construction. • 02/02/2012 — Recorded lien with Okeechobee County Clerks Office. • 05/01/2012 — Hand delivered letter informing them that as of 05/01/2012 the fine will have run for 90 days and the Code Board at their 05/08/2012 meeting could recommend foreclosure, signed for by Anita Solis. • 07/17/2012 — City Council voted to begin foreclosure proceedings. • 05/22/2013 — Property came into compliance.