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2013-07-09CITY OF OKEECHOBEE .JULY 9, 2013 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 3 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II CALL TO ORDER - Chairperson: July 9, 2013 Regular Meeting, City Hall, 55 SE 3' Avenue, Okeechobee, FL 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 June 11, 2013 Regular Meeting. July 9, 2013 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea. Present Present Present Present Present Present Present Present Present Present Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for June 11, 2013; seconded by Member Huckabee. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - NON -VOTING MOTION CARRIED. JULY 9, 2013 - CES REGULAR MEETING - PAGE 2 OF 3 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on There were no requests for the addition, deferral or withdrawal of items on today's agenda, today's agenda. III V1. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : Case No, 11 -116 Property owner, Naser Abuagab of N & A Construction, addressed the Code Board stating at the time he received the notice N & A Construction. 406 NE 41' Street of violation he had a lawn maintenance company mowing the property on a regular basis until January of 2013. So he asked Request for release or reduction of lien the City Administrator, Brian Whitehall, to look at the property and let him know what else needed to be done. He said Mr. Whitehall told him not to worry about it that he would take care of it. Mr. Abuagab added he was unaware there was a lien on the property until his attorney informed him before he could sell some other property he would need to satisfy this code enforcement lien, After learning there was a lien, Mr. Abuagab met with Fire Chief/Code Enforcement Officer Herb Smith, Chief Smith told him to keep the property mowed back 100 ft. from the roadway and every six months clear vines. Chairperson Gamiotea asked Mr. Abuagab why he didn't respond to the letter that was hand delivered explaining there was a fifty dollar per day fine that had been running for ninety days. Mr, Abuagab said his employee signed for the letter, but he never saw it. Vice Chairperson Huckabee asked if the property was in foreclosure, Attorney Cook stated due to some discrepancies in the wording of the documents the foreclosure was never filed. Code Officer Sterling stated the property was found in compliance as of May 22, 2013 due to the fact it was mowed back approximately 100 ft from the roadway, Member Pippin asked if at the time of violation the property owner knew it had to be mowed 100 ft from road, Code Officer Sterling said the property owner was not given that information until he asked Chief Smith what needed to be done to get the property into compliance, Mr. Abuagab said there were other properties in this area comparable to his which are not cleared because they are natural habitats. Member Denisuk asked the property owner if he planned to keep the property in compliance, Mr. Abuagab said he intended to keep it mowed. At this time Chairperson Gamiotea gave a summary of the information presented to the board and advised the board of their options. He said they had three options which were to leave the lien at the full amount of $28,000.00, reduce the lien or completely release the lien. Member Sweda commented that the City had incurred quite a bit of expense in handling this case. Vice Chairperson Huckabee moved, based on the evidence presented by the Code Officer due process was followed,and to reduce the fine by ninety percent to a total of two thousand eight hundred dollars ($2,800.00); seconded by Member Close. VOTE GAMIOTEA - YES HUCKABEE - YES CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES SWEDA - YES MURPHY - NON -VOTING MOTION CARRIED. ADJOURNMENT - CHAIRPERSON GAMI A. r. Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secreta y 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. Please be advised that if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda, a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record. JULY 9, 2013 -CEB REGULAR MEETING - PAGE 3 of 3 712 BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:38 P.M. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD JULY%2013 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER- Chairperson: July 9, 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 Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Rennae Sweda 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 June 11, 2013 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. III / GC , L VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling; Case No. Name & Address 11-116 N & A Construction Inc. 406 NE 4"' Street VII. ADJOURN MEETING • Chairperson. Violation 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, 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. PAGE 2 OF 2 • . i,(.� . ��- `7(L(, / �i�Z/.i���.. ��-G<•C4�i((�L,��. GZfZC �'�4.rLQ�� � � �J-�+tZ-' �1iL YtG, ��,t2 li' � �✓Y�,fX G�� �-f�L�.�4�ir't,�f,d.' �cC/iQ G(.�{.2�/' v2� r w�~n i3�s ..�.�..I�'/i, �-�l-t. �i'zx,��4.�.'�tJ.; �•- C . C���'r�e. �2C'.cc�� /* ?1111r� t � � a 8 7<42 l NDEPENE NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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`...{ aLv - E`i �......�• L: i, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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 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. rJ Tom Byrn Sworn to and subscribed before me this day of �: _ .. A AD Notary Public, State of Florida at Large - p r _ i.. •. • r _ � .,_, a .. .. ...., ANGIE BRIDGES MY COMMISSION # EE 177653 a: ate: EXPIRES: AIJ6120, 2016 Bonded 7hru Notay Public Underwriters (863) 763-3134 CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforce- ment Board will be meeting on Tuesday, July 9, 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 rson who may seek to appeal any decision involving the matters no - tic Uherein will be responsible for making a verbatim recordof is too a based. ny and evidence at said meeting uppoon which any appeal Please Contact Sue Christopher, 863-763-4423, or website w-w *pf41e�echobee coin. to obtain a copy of the agenda. In accordance with the Americans with Disabilities 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. by: Jamie Gamiotea R013 Code Board Chairperson - L'x,k.*L* O-A-. I VI Y q19013 CODE ENFORCEMENT .BOARD July 9, 2013 Case No. Name Fine Started Filed 90 Days Code Board Action 11-072 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 514 Steet 2/12/13 - Recommend legal action to clean property/approved by City Council on 3/5/1.3 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 1411 Street 12-139 Alumni Partners $25/day 5/24/13 7/05/13 10/3/13 5/14/13 - Imposed fine on 5/24/13 for general cleaning/public nuisance 206 SW 91h Avenue 13-016 Holy Ghost Church $25/day 5/31/13 7/05/13 10/3/13 5/14/13 - Imposed fine on 5/31/13 for general cleaning/public nuisance 1018 NW 5" Avenue �� abr 1 y , ao t3 Case #11-116 N & A Construction 406 NE 411 Street 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. 0 05/22/2013 — Property came into compliance. City of Okeechobee Code Enforcement CODE ENFORCEMENT BOARD CASE # 11-00116 NOTICE OF VIOLATION 11/03120.11 N & A REAL ESTATE INC. 802 NE PARK STREET OKEECHOBEE, FL 34972 RE:LOTS: 3 & 4 BLK: 119 PARCEL: #31537350010011900030 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 406 NE 4TH STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning and beautification CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN GRASS 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 time 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, � � z / Fr Sterr de Enforcement Officer (863) 357-1971 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 • 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 maliplece, or on the front If space permits. 1. Article Addressed to: N & A CONSTRUCTION INC. 802 NE PARK STREET OKEECHOBEE, FL 34972 A, Signature C3 Aged X tail )C!Q 13 Addressee B. Received by (Ptinted Name) C. Date of Delivery D. is delivery address different from Item 17 13 yes if YES, enter delivery address below: 13 No 3. Service Type ACartifled Mail 0 Express Mail 13 Registered 13 Return Receipt for Merchandise [3 Insured Mail 13 C.O.D. 4. Restricted Delivery? (tehe Fee) 13 Yes 2. ArtMe Number ?010 2780 0002 ??45 3??5 (7hinsfer ftm service kd* Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-WISC CODE ENFORCEMENT BOARD OF CASE NO. 11-00116 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- N & A REAL ESTATE INC. 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 swom, 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 and beautification 2. Location of Violation: 406 NE 4TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010011900030 4. Respondent(s) name & address: N & A REAL ESTATE INC.; 802 NE PARK STREET OKEECHOBEE, FL 34972 5. Description of violation: PLEASE MOW OVERGROWN GRASS 6. Date by which violation is to be corrected: 1/02/2012 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 January, 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 6411 ,day of. LCem k9f 2011 CODE ENFORCEMENT BOARD 55 SE 3rd Avenue Okeechobee, Florida 34974 red Sterling Code Enforcement Officer (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 mailplece, or on the front if space permits. 1. Article Addressed to: N & A CONSTRUCTION INC. 802 NE PARK STREET OKEECHOBEE, FL 34972 A. Signature X r ❑ Agent. B. R`Pd, d Name) C. Date of Delivery AA D. Is delivery address dill t mm item 1? Y3 . If YES, enter delivery address below: ❑ No 3.C�TypeedMail❑ Express Mail tered ❑Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 2780 0002 7745 7728 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 10259e-02-M-1540 .OF•Ok _� ym City of Okeechobee Code Fn/T(orcement •tr1915tr April 30, 2012 N & A Construction, Inc. 802 NE Park Street Okeechobee, FL 34972 Re: Case# 11-116 406 NE 4`h Street (Lots: 3 & 4 Blk: 119) Dear Property Owner: This letter is in reference to the Code Enforcement Board Meeting on JgppM 10, 2012 . At that meeting the Code Board imposed a fifty dollar per day fine commencing the date you received notice of violation on November 9, 2011. The fine was imposed for failure to comply with City Ordinance Ch 30 Sec 30-44 General cleaning and will continue to accrue daily until the property is brought into compliance. Since nothing was done to bring the property into compliance a lien was recorded on February 2, 2012 with the Okeechobee County Clerks Office. As of May 1, 2012 the lien will be recorded for ninety days. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the parcel after ninety (90) days to collect the fine. At this time no foreclosure action has been taken. However, you should be aware at the next Code Enforcement Board Meeting scheduled for May 8, 2012 the Code Board could consider a recommendation to begin foreclosure proceedings. Please contact me at (863) 357-1971 immediately to discuss this matter. Sincerely, s fPSImIli-ng Code Enforcement Officer (863) 357-1971 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 OF,OKFFC m y° Cityo Okeechobee o Code enforcement o�S,�1915tr� CASE # 11-116 N & A Construction, Inc. 802 NE Park Street Okeechobee, FL 34972 I hereby certify receipt of Notice of Delinquent Fine hand delivered by the City of Okeechobee Code Enforcement Officer. Recipients Signature n ►ia___.-C' n I t Printed Name f Date 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 I IIL' l.lI 1 Ur uNrrutiubLE, FLORIDA. CASE NO. 11-116 CITY OF OKEECHOBEE, PETITIONER, FILE NUM 2012003-0° -vs- OR B FG 13IJ -71 CJ PG 14 SHARON ROBERTSONr CLERK. OF CIRCUIT OKEECHOBEE COUNTYP FLORIDA RESPONDENT, RECORDED 02/02/2012 OP:56:15 AM RECORDING FEES $18.50 RECORDED BY M Pinon N & A Construction Inc. / Fes 1481 - 1492; (2pes) LIEN / ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on Januar,I_0_, 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: 3 & 4 Blk: 119 Section: City of Okeechobee Parcel# 3-15-37-35-0010-01190-0030 Property location: 406 NE 4' Street, Okeechobee, FL Property owner: N & A Construction Inc. 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 Section 30- 44 General cleaning & beautification C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-44 General cleaning & beautification concerning your property located at 406 NE 4' Street, Okeechobee, FL If you do not correct the violation before November 9, 2011 or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 50.00--- 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 _L^ day of , 2012 . CITY OF OKEECHOBEE, Petitioner N & A Construction Inc. Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida rperson ATTEST: &)-� L� LZ8�-L�- Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE 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 2 day of ,20ZR mr- I's rs IMI-4 Im . J: My Commission expires: k KIM BARNES coMINISSION # OD778252 EXPIRES APO 25, 2012 f-?ir SNotaryserv-Gom Please return to: City of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 357-1971 JJYN - the unitect Mates rostat 6ervice i,u.a. rostai oervice) rags i ui lisps. , Quick Tools Always a Click Away Track & Confirm Roll over the tools menu across the site to access quick, handy tMifentered: 70102780000277454116 Status: Delivered Track & Confirm Your item was delivered at 12:46 pm on January 19, 2012 in OKEECHOBEE, FL 34972. Additional information for this item is stored in files offline. Find Locations You may request that the additional information be retrieved from the archives, and that we send you an e-mail when this retrieval is complete. Requests to retrieve additional information are generally processed Calculate a Price within four hours. This information will remain online for 30 days. 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