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2013-10-08CITY OF OKEECHOBEE OCTOBER 8, 2013 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 - Chairperson: October 8, 2013 Regular Meeting, City Hall, 55 SE 31 Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Dennis Murphy Board Member Jim Pippin Board Member Rennae Sweda Alternate Lynn Boak 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 9, 2013 Regular Meeting. October 8, 2013 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea. Present Present Present Present Absent with consent Absent with consent Absent with consent Present Absent Present Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for July 9, 2013; seconded by Member Denisuk . VOTE GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES MURPHY - ABSENT PIPPIN - ABSENT SWEDA - ABSENT SOAK -YES MOTION CARRIED. 714 715 OCTOBER 8, 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 Code Officer Sterling requested the withdrawal of Case 13-079, Billy & Jerry Hill, from today's agenda due to compliance today's agenda. III VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling Case No.12-140 Barbara Mills.1206 SW 5' Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Case No.13-075 Fosler LLC. 1000 Blk NW 5' Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 3044 General cleaning & beautification Code Officer Sterling testified property owner, Barbara Mills, received notice of violation/notice of hearing by certified mail. He stated Ms. Mills is living in Palm Beach and has some medical issues. So she contacted her neighbor Linda Ballinger and asked her if she would get the property mowed. Ms. Ballinger called Mr. Sterling requesting a few days to get the mowing done. Therefore Code Officer Sterling recommended the board allow Ms. Ballinger ten days to bring the property into compliance. Member Close moved to find Case 12-140, Barbara Mills at 1206 SW 5' Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 3044 General cleaning & beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning ten days after receipt of proper notification; seconded by Member Conrad. VOTE GwoTEA - YES CLOSE -YES CONRAD - YES DENISUK - YES MURPHY - ABSENT PIPPIN - ABSENT SWEDA - ABSENT SOAK - YES MOTION CARRIED. Code Officer Sterling testified notice of violation/notice of hearing was received by certified mail by Ken Foster. Mr. Sterling stated this property has been in violation before and is a repeat offender. Member Conrad moved to find Case 13-075, Fosler LLC at 1000 Blk NW 5" Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning & beautification, based on the testimony of Code Officer, imposing a fine of twenty-five dollars per day beginning upon receipt of proper notification; seconded by Member Close, VOTE GAMIOTEA - YES CLOSE -YES CONRAD - YES DENISUK - YES MURPHY - ABSENT PIPPIN - ABSENT SWEDA - ABSENT BOAK - YES MOTION CARRIED. OCTOBER 8, 2013 -CEB REGULAR MEETING - PAGE 3 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II Case No.13-083 Code Officer Sterling testified notice of violation/notice of hearing was received by certified mail. Mr. Sterling stated the property Insite Development Group Holding. 300 Blk NW 12' Street had been mowed until several months ago, Since then he has had no contact with the property owners. Member Close moved to find Case Ch 30 Sec 30-43 Public nuisance 13-083, Insite Development Group Holding at 300 Bik NW 12" Street, in violation of Ch 30 Sec 3043 Public nuisance and Sec 3044 Ch 30 Sec 30-44 General cleaning & beautification General cleaning & beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning 11 ten days after receipt of proper notification, seconded by Member Denisuk. VOTE GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES MURPHY - ABSENT PIPPIN - ABSENT SWEDA - ABSENT BOAK - YES MOTION CARRIED. Case No.13-085 Code Officer Sterling testified Ben Smith is deceased and his daughter Lula Worthen is the contact person, She received Ben Smith. 920 NW 12`h Street & 900 Blk NW 13t' Street notice of violation/notice of hearing by certified mail. In addition, she called the code office last week stating she would try to get the property mowed. However, at this time nothing has been done to bring the property into compliance. Member Denisuk moved to find Case Ch 30 Sec 30-43 Public nuisance 13-085 Ben Smith at 920 NW 12'hStreet and 900 Blk NW 131' Street, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 Ch 30 Sec 30-44 General cleaning & beautification General cleaning & beautification, based on the testimony of Code Officer Sterling, imposing a fine twenty-five dollars per day beginning 11 twenty-one days after receipt of proper notification, seconded by Member Close. VOTE GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES MURPHY - ABSENT PIPPIN - ABSENT SWEDA - ABSENT SOAK - YES MOTION CARRIED. 716 717 OCTOBER 8, 2013 - CEB REGULAR MEETING - PAGE 4 OF 4 II AGENDA III BOARD ACTION • DISCUSSION • VOTE II ADJOURNMENT • CHAIRPERSON GAMiOTEA. Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secrets 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 Citys record. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:06 P.M. NDEPPEm NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE llyl 107 S.W. 'I7th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Torn 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 a dvertisement being a in the matter of t__L...: ice_`_--.__.... in the 19th 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 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 purpc)se of ,securing this advertisement for publica.qon in the said newspaper. Tom Byrd Sworn to and subscribed before me this : AD _.day of v. Notary Public, State of Florida at Large (863) 763-3134 15 0 Eft m �U, PaQ3C�r C(- CTry CODE ENFORCEMENT BOARD MEEn NOTICE IS tiHEREBY 'GIVEN that the City of Okeechobee Code Enforce. ment Board will be meeng on Tuesday, October 8 2013 at 6:30 pp•m, or as soon thereafter, Gty Hall, 55 SE 3rd Ave, Rm 260, Okeechobee, Flori- da, %ease rnntact Sue Christopher, 863-763-4423, or website to Obtain a copy of the agenda. The public is invited and encour_ gIeDd to attend, y ANY PERSON to an matter cAPPEAL �ld re ednat this ma will need two e re VI with y a verbatim record of the proceeding is made and the record includes the temony and evidence upon which the appeal w ll be based. In accordance with the Americans with Disabilities Ad (ADA), any Person with a disabiBty as defined di the contADAact that needs spedal accommodation to participate In this Proceeding, contact the Fire Department no later than two business days prior to roceeding, 863-763-4423. BE ADVISED that should you Intend to show any document, picture, video or items to the Council in support or opposition to any Item on the agenda- a ardY Ofc the document Picture, vdeo, or item mug be orovidm m Z Board Secretary document mer pi ____._ B S� v •v, ANGIE BRIDGES *, r: My COMMISSION It EE 177653 EXPIRES: Ap6i 20, 2016 Bonded Thnf Notary Public Underwriters � CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 8, 2013 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: October 8, 2013 Regular Meeting, 6:30 pm, City Hall, 55 SE 3ro Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Board Member Melissa Close ✓ Board Member Louise Conrad ✓ Board Member Ted Denisuk ✓ Board Member Dennis Murphy 4 WI(C W"I-f Board Member Jim Pippin h, W(Co n s ent Board Member Rennae Sweda k w(co(1seA)f (4-tlY - Alternate Member Lynn Boak✓ 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 July 9, 2013 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 41 �m PAGE 1 OF 2 PAGE 2 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 12-140 Barbara Mills 1206 SW 5`h Avenue 13-075 Fosler LLC �a ~ 1000 Blk NW 5" Avenue 13-079 Billy & Jerri Lynn Hill 1005 NW 81h Avenue 13-083 Insite Development Group 300 Blk NW 121h Street 13-085 Ben Smith 902 & 920 NW 12`h Street & 900 Blk NW 131h Street Vil. 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 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. In accordance with Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA that needs special accommodation to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357-1971. Please be advised 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. ✓' �' e�i'✓�CN1 ln� GYl%C:e-Gd.�Geu • 7�ec,Zu.-�..,�-� �z•txe.� y y _ 0 PAGE 2 OF 2 VI VII. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 12-140 Barbara Mills 1206 SW 5' Avenue 13-075 Fosler LLC 1000 Blk NW 5" Avenue ` !P 13- 9 Billy & J r' Lynn Hill 1005 N tt' Avenue 13-083 Insite Development Group 300 Blk NW 12th Street 13-085 Ben Smith 9e2-& 920 NW 12`h Street & 900 Blk NW 13" Street 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 ublic nuisance Ch 30 Sec 30-4 neral cleaning & beautification Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 3043 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 In accordance with Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA that needs special accommodation to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357-1971. Please be advised 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. Oct b ear' 8'� X0 t3 CODE ENFORCEMENT BOARD October 8, 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 511' Street 2/12/13 - Recommend legal action to clean property/approved by City Council - 3/5113 12-128 Marguerite D'onofrio $25/day 7/16/13 8/27/13 11/25/13 6/11/13 - imposed fine on 7/16/13 for public nuisance (house) 400 SE 10`h Avenue 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 9"' 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 C�c�obe�- g, ao l3 City of Okeechobee Code Board Meeting October 8, 2013 Case # 12-140 Barbara Mills 1206 SW 51hAve, 30-43 Public Nuisance 30-44 General Cleaning & Beautification • 11/17/2012 — Received e-mail complaint from a Concernd Citizen. • 11/20/2012 — Mailed Courtesy Card. • 12/19/2012 — Mailed Notice of Violation. 12/28/2012 — Notice of Violation received, signed for by Barbara Mills. 07/10/2013 — Spoke to Mrs. Mills Daughter in Law in So. Carolina. 09/17/2013 — Mailed Notice to Appear. 09/30/2013 — Posted property with Notice to Appear. Case # 13-075 Fosler LLC 1000 Block NW 51" Avenue Chapter 30 Sec. 30-43 Public Nuisance Chapter 30 Sec 30-44 General Cleaning & Beautification • 05/16/2013 — Sent Courtesy Card. • 07/15/2013 — Mailed Notice of Violation. • 07/16/2013 - Notice of Violation received, signed for by Ken Foster. • 08/12/2013 — Mailed Notice of Hearing. • 08/13/2013 — Notice of Hearing received, signed for by Ken Foster. • 09/20/2013 — Mailed 2nd Notice to Appear. • 09/25/2013 — Notice to Appear received, signed for by Ken Foster. I Case #13-083 Insite Development Group Holding 300 Block NW 121h St. 30-43 Public Nuisance 30-44 General Cleaning & Beautification • 06/26/2013 Mailed Courtesy Card. • 08/06/2013 — Mailed Notice of Violation. • 09/17/2013 — Mailed Notice of Hearing. • 09/18/2013 — Notice of Hearing received, signed by Mr. Evans. Case #13-085 Ben Smith 902 & 920 NW 12th Street & 900 Block NW 13th St. 30-43 Public Nuisance 30-44 General Cleaning & Beautification 07/02/2013 — Mailed Courtesy Card on 920 NW 12th St. & 900 block NW 13th St. 07-09/2013 — Mailed Courtesy Card on 902 NW 121h St. 08/06/2013 - Mailed Notice of Violation. 08/07/2013 — Notice of Violation received, signed for by Tula Worthen. 09/17/2013 — Mailed Notice of Hearing., • 09/30/2013 — Posted property with Notice to Appear.