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Mills, Barbara - Case #11-072 - Released . r CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 11- 072 CITY OF OKEECHOBEE, FILE NUM 201 101 2227 OR BK 00709 PG 001 E. PETITIONER, SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 12/16/2011 09:36:00 All -vs- RECORDING FEES $18.50 RECORDED BY L Shciin F9s 0018 - 19; (2u9s) RESPONDENT, Barbara G. Mills / LIEN/ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on October 11 , 20 11 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 3 & 4 Blk: 105 Section: City of Okeechobee Parcel# 3-15-37-35-0010-01050-0030 Property location: 406 NW 5th Street, Okeechobee, FL Property owner: Barbara G. Mills Property has been found to have overgrown vegetation and needs cleaning. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Ch 30 Section 30- 43 Public nuisance and Ch 30 Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance& Ch 30 Sec 30-44 General cleaning& beautification concerning your property located at 406 NW 5`' St, Okeechobee, FL . If you do not correct the violation within thirty (30) days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of$ 25.00---- 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 /1 day of Q C`-O , 20 I( . CITY OF OKEECHOBEE,Petitioner Barbara G. Mills Respondent CODE ENFORCEMENT BOARD City of Okeechobee,Florida irperson C Enfo ment Officer ATTEST: 3.AA ,!a-11)-4 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 day of OC Jbef" ,20 l . \I a1 Q4 e _ KIM BARNES NOTARY PUBLIC :'= MY COMMISSION#DD778252 eF. EXPIRES April 25,2012 (407 398-0153 Fbridallota Service.com My Commission expires: Please return to: City of Okeechobee Code Enforcement 55 SE Avenue Okeechobee, FL 34974 (863) 357-1971 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 312 NORTHWEST 3RD STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.2131 DATE:12/16/2011 TIME:09:36:00 AM RECEIPT:2011011167 CITY OF OKEECHOBEE ITEM -01 LN 09:36:00 AM FILE:2011012227 BK/PG:00709/0018 RECORDING FEE 18.50 Sub. Total 18.50 ITEM -02 LN 09:36:00 AM FILE:2011012228 BK/PG:00709/0020 RECORDING FEE 18.50 Sub. Total 18.50 ------------------------ AMOUNT DUE: $37.00 PAID CASH: $40.00 CASH RETURNED: $3.00 TOTAL PAID: $37.00 REC BY:L SHAIN DEPUTY CLERK www.clerk.co.okeechobee.fl.us ■ 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 mailpiece, or on the front if space permits. Article Addressed to: BARBARA MILLS 1000 S. OLIVE AVENUE ANDI APTS STE# 1 - UP W. PALM BEACH, FL 33401-6519 A. X Agent B. Received by (Printed Name) C. Datof Delivery 3: iz D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 2780 0002 7745 3836 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES -POSTAL SERVICE, First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box • CITY OF OKEECHOBEE CODE DEPT. 65 S.E. 3rd AVE. OKEECHOBEE, FL 34974 AGREED AND ORDERED this I I Aday of o C'4 4cc , 20 j• CITY OF OKEECHOBEE, Petitioner 011"11rlREATpn ET SNIT BOARD City of Okeechobee, Florida C- irperson �Co Enfo ement Officer ATTEST: II ' )) - L 11'�A Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE Barbara G. Mills Respondent U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corn , m� C` Postage $ r` - Certified Fee ru Postma k C3 Return Receipt Fee C3 (Endorsement Required) ` 1 \`\L C3 Restricted Delivery Fee (Endorsement Required) s 43 r� Total Postage & Fees rU � Sent 70 �� n ,r�--, M t�-�� ------------------------------ Street, Apt No.; �^^� or PO Box No. Crty, State, Zl15+4 PS Form 3800. AugUqt 2006 See Reverse for Instructions 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--�� day of V Cf- ,20 1 L Klillll BARNES NOTARY PUBLIC * MY COMMISSION # DD778252 EXPIRES April 25, 2012 (407) 398-0153 Flwld9NotaryS0rvk-.c0m My Commission expires: Please return to: City of Okeechobee Code Enforcement 55 SE 3`a Avenue Okeechobee, FL 34974 (863) 357-1971 caerK or the circuit court N uomptroiler OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee,FL 34972 Transaction # 2019041462 Receipt # 2020000365 Print Date: 1/15/2020 10:38:33AM Cashier Date: January 15, 2020 Client: CITY OF OKEECHOBEE 17 Items RELEASE Instrument Number: 2020000499 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED FRUIT RELEASE Instrument Number: 2020000500 5.00 $2.0o.10 1.00 $1.90 RECORDING FEES 5.00 BOCC 2.00 FACC FEE 0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT 1.90 RELEASE Instrument Number: 2020000501 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 RELEASE Instrument Number: 2020000502 RECORDING FEES 5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE 1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020000503 RECORDING FEES 5.00 BOCC $2.00 FACC FEE 0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020000504 RECORDING FEES 5.00 BOCC $2.00 FACC FEE 0.10 TRUST FUND FEE $1.00 Instrument Number: 2020000505 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE 1.00 COURT RELATED PRMT 1.90 SATISFACTION $0.20 Instrument Number: 2020000506 $1.50 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT 1.90 SATISFACTION $0.20 Instrument Number: 2020000507 1.50 RECORDING FEES 5.00 BOCC 2.00 FACC FEE 0.10 TRUST FUND FEE 1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020000508 RECORDING FEES 5.00 BOCC $2.00 FACC FEE 0.10 TRUST FUND FEE 1.00 COURT RELATED PRMT $1.90 LIEN Instrument Number: 2020000509 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT $9.00 4.00 $0.20 1.50 $3.80 LIEN Instrument Number: 2020000510 RECORDING FEES $9.00 BOCC 4.00 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020000511 RECORDING FEES 9.00 BOCC 4.00 FACC FEE $0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020000512 RECORDING FEES 9.0 BOCC $4.00 UUUN I NLLHI LU F'KM 1 $3.80 LIEN Instrument Number: 2020000513 RECORDING FEES $9.00 BOCC $4.00 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020000514 RECORDING FEES 9.00 BOCC $4.00 FACC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020000515 RECORDING FEES 9.00 BOCC $4.00 FACC FEE 0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT $3.80 CHECKICASHIERS CHECK AMOUNT: $229.50 # 040876 Total Payments $229.50 Total Fees $229.50 Shortage $0.00 Check Overage $0.00 Rec By: Madalyn Pinon Deputy Clerk www.cferk.co.okeechobee.fl.us/Official—Records.htm CITY OF OKEECHOBEE 55 S.E. 3RD AVENUE • OKEECHOBEE, FL 34974 REMITTANCE STATEMENT INVOICE NO. GROSS AMOUNT DISCOUNT NET AMOUNT Filing Fees 229.50 229.50 TOTAL 229.50 Code Enforcement Foreclosure Research CASE # ADDRESS LEGAL CEB RECOMMENDS CITY COUNCIL APPROVED FOR FORECLOSURE IN COMPLIANCE? FORECLOSURE FORECLOSURE FILED PARTIALLY; as of 4/5/19 mowed grass; V—eYA P Lot 1, BIk 3, South Okee Has not been presented pending: repair fence & remove vegatation on fence; fine accrued as of 17-036 800 SW 2nd Ave PB 1/PG 12 2018-09-11 to date N/A 3131/19 is $23,200.00 Mo -R- Lots 2-4, BIk 7, South 17-028 1006 SW 5th Ave Okee PB 1/PG 12 2018-08-14 2018-09-04 Yes, 2019-03-04 No CYN S�C,1 LLC Lots 2-3,6Ik 247, 1st Addt'n 15-010 1002 SW 6th Ave to City of Okee PB 1/PG 11 2016-08-09 2016-09-06 Yes, 2017-09-15 No Nq-}ion 'jc v M o Y+� 0.q � Lots 19-20, BIk 25, NW Yes, 2016-10-18, New Owner pd reduced 14-073 1102 NW 2nd St Addt'n PB 1/PG 25 2016-06-14 2016-07-19 No fine $500 on 2017-01-19 Alutrvtnt gr}nev5 11 206 SW 9th Ave Yes, 2018-09-24. Magistrate approved 14-071 See also Case #12-139 unplatted 0.951 acres 2016-02-09 2016-03-15 Yes, 2018-09-24 reduced fine $1100 pd on 2019-01-29 E as �e lovicAo 407 NE 9th Ave Lot 48 River Run Phase II Yes, 2011-07-11. Owner pd reduced fine 4-060 See also Cases #11-113 & #10-097 PB 489/PG 1548 2015-07-14 2015-07-21 No $3,000 on 2015-12-18 ES{ re ll Lot 11,E1/2 of 12, BIk 42, Yes, 2014-10-01, New owner pd reduced 13-098 919 NW 10th St City of Okee PB 1/PG 5 2014-06-10 2014-07-15 No fine $545 on 2015-05-21 e,VA-y%-CV5 206 SW 9th Ave NIA, letter sent that foreclosure is option for CEB at Oct 2013 Yes, 2018-09-24. Magistrate approved 12-139 See also Case #14-071 unplatted 0.951 acres mtg N/A N/A reduced fine $1100 pd on 2019-01-29 407 NE 9th Ave Lot 48 River Run Phase II Halted/Bank began Yes, 2011-07-11. Owner pd reduced fine 11-113 see also Cases #14-060 & #10-097 PS 489/PG 1548 2012-10-09 2012-11-13 foreclosure $3,000 on 2015-12-18 mills 2012-02-13; recommended legal action 11-072 406 NW 5th St Lots 3-4,Blk 105, City of Okee PB 1/PG 5 to gain access to property for cleanup 2014-03-18 No Yes, 2014-09-03 > ev 5 a 1��vol�c�rn 2017-09-19 & Action Delayed by 11-069 510 E North Park St unplatted 1.105 acres wasn't recommended11 2017-12-19 Council Yes, 2018-09-24 1 407 NE 9th Ave Lot 48 River Run Phase II Halted/Bank began Yes, 2011-07-11. Owner pd reduced fine 10-097 1 See also Cases #14-060 & #11-113 PB 489/PG 1548 2012-10-09 2012-11-13 foreclosure $3,000 on 2015-12-18 ExCludinq Case #17-036, this list does not include cases that came into compliance after CEB recommended foreclosure & before it went to Council. IlkW Page 1 of 1 Last Revised 41912019 -LG AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2,b) Public comments and discussion to adopt proposed Ordinance No. 1182 continued. c) Vote on motion. CLOSE PUBLIC HEARING IX. UNFINISHED BUSINESS A. Update regarding Code Enforcement Foreclosures - Attorney Cook (Exhibit 2). APRIL 16, 2019 - REGULAR MEETING - PAGE 5 OF 11 COUNCIL ACTION - DISCUSSION -VOTE Council Member Clark moved to amend proposed Ordinance No, 1182 adding a Section 2.289(6) to add local vendor preference language for quotes; seconded by Council Member Keefe. [Note for Clarification: upon legal review the amendment language will be a separate paragraph following Section 2-289 to ensure the interpretation includes proposals (as set out in Section 2-285) and open market purchases (as set out in Section 2-286)]. VOTE ON; MOTION TO AMEND: WATFORD-YEA ABNEY-YEA CLARK -YEA .IARRIEL - YEA KEEFE- YEA MOTION To AMEND CARRIED, Mayor Watford again asked whether there were any comments from the public since the Ordinance was amended; there were none. VOTE ON MOTION AS AMENDED: WATFORD-YEA ABNEY-YEA CLARK -YEA JARRIEL -YEA KEEFE- YEA MOTION CARRIED As AMENDED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:24 P.M. Discussion began at the March 5, 2019, meeting regarding Code Enforcement Cases that have been considered for foreclosure due to the length of time their fine has accrued without property owners making progress towards bringing the property into compliance. The Council needed additional time to review the information provided. The table below (located on page six, and included in Exhibit 2) provides information on which Code Cases the Code Board recommended, and City Council authorized, the foreclosure proceedings to begin. As explained at the previous meeting, City Staff, acting as instructed, were not to file the foreclosures immediately. However, several Council Members voiced their exception to this practice, and want immediate action on foreclosures in the future. Attorney Cook prepared and distributed a memorandum dated March '11, 2019, (included in Exhibit 2) along with a copy of relevant sections of Florida Statutes Chapter 162 conceming Code Enforcement. He reiterated the difficulty of adopting "hard and fast rules" pertaining to Code Enforcement non-compliance. The Council briefly discussed the possibility of adopting a policy mandating all Cases 4hat have been non -complaint for 90 -days be brought before the Council to review and recommend a course of action. The consensus of the Council was io defer from further discussion or taking action on this item, pending the outcome of the new Code Enforcement procedures, which will be presented later in the meeting, New Business item "E AGENDA X, UNFINISHED BUSINESS CONTINUED A. Update regarding Code Enforcement Foreclosures continued B. Motion to appoint an Alternate to the Planning Board, Board of Adjustment, and Design Review Board, term being May 1, 2019, to April 30, 2021 - City Clerk (Exhibit 3). APRIL 16,2019 -REGULAR MEETING • PAGE 6 OF 111477 COUNCIL ACTION • DISCUSSION - VOTE CASE # ADDRESS LEGAL CEBRECOMIA RE R FORECLOSURE FORECLOSURE APPROVED FOR IN COMPLIANCE? FORECLOSURE FILED FORECLOSURE PAP' IVY; u d vYt9 m9+•C 9ra••, p9nUap. rtpNr pnu l rama9 vpaaA9n Lot 7, BIk 3, Soinh Okea Pr•«raw on brro•: m• •e9n.a •s d arat/t9 i• At the April 2, 2019, meeting while considering appointing a new Alternate Member to the Planning Board, Board of Adjustments, and Design Review Board, it was noted that there could be an issue with Mr. Williams Ward's application that could cause dual office holding as he is currently appointed to the Okeechobee County Construction Industry Licensing Board. The Council deferred action on this item to allow Attorney Cook time to research the matter. Attorney Cook explained according to the Florida Attorney General Opinion 2013-31, the County's Construction Industry Licensing Board is considered an 'office;" the City Planning Board, Board of Adjustments, and Design Review Board is also an "office." Therefore Mr. Ward is ineligible for appointment. Clerk Gamiotea added she explained the issue with dual office holding to Mr. Ward; he withdrew his application for consideration this afternoon. Mayor Watford explained a ballot -type system would be used to rank the applicants. Each Council Member ranked the three applicants on a piece of paper. The rankings were tabulated with the assistance of Clerk Garniotea. Mr. O'Connor received one number one ranking, three number two rankings, and zero number three rankings; Mr. Shaw received three number one rankings, one number two rankings, and zero number three rankings; and Ms. Vu received one number one ranking, one number two ranking, and five number three rankings. The papers were collected by the Clerk and have become part of the official minute File record. Mr. Shaw was the only applicant in attendance. Lora Z•3,BK 24"'st Addrn b City of Ckee PB 1 1 15-010 1002 SW 8th Ave 1/PG 71 2016-08.09 2016-09-06 Yes, 2017-09-15 No Lots 19-20, Bk 25, NVV a, 3o+a+0-te, R•w -1 N rgc•a 14-073 1102 NW 2nd St AcWn PB 1/PG 25 2016-06-14 2019-07-19 No b»ssoo 003s+vct-u 206 SW 9th Ava on mmnot-39 14-071 s••r«w..aau9 —.11"d 0.951 acres 2016.02.09 2016-03-15 Yes, 2018-09-24 ea,K«sr»anoo o«e 407 NE 9th Ave Lot 4a River Run Phase It 9.. +mar -t+. o-1 Pa r.a1 14-060 5«.i.o c..aa 9++.ttac stomr P8489/PG 1548 2015-07-14 2015-07-21 No53— orr as+a+at• Lo111,E1/2 of 12, Bk 42• •9. mu-toat, Rw e.r..r va r.a9o« 13-098 919 NW 10th St Ci of okee PB 1/Pc 5 2014-06-1 O 2014-07-15 No sr. ssas orr 30t50a3t 206 SW 9th Avewaaa io nee « i3o nt•o""a�•'�o1O"i° 12-139 s«aw w••9t401t atretl 0.951 acres mn WA WA «'m•s1to99a or+zo+sat-n 407 NE 9th Ave Lot 48 Rhe, Run Phase It Halted/Bank began y_ zo+tm-tt o..a•r wear«a srr 11-113 s.•.h9 w••a namos 9toa9t PB 489/PG 1548 2012-10-09 2012-11-13 foreclosure sa,000 oo 3ots.tx.te 71-072 406 NW 5th St Lola 14, Bk 105. City Of Ckce PB 7/PGS 3013-03-1 a: r•commsa+aea t•9a� wtbn i99a� woawtywu•.� 2014-03-18 No Yes, 2014-09-03 2017-09-19 & Action Delayed by 11-069 510 E North Park St un lamed 1.105 acres 2017-12-19 Council Yes, 2018-09-24 407 NE 9th Ave Lot 4B Rivvr Run Phase II HalledlBank be0an yea 30110]-t t. o..n•r W r•auc« n,v 10-097 s«•b9 wro na000cett.tta PB 499/PG 1548 2012-10-09 2012-11-13 foreclosure sa.aoo o�3atstzt9 Ezclutlin0 Case #17-036, this list does not Include cases that came Into compliance after CES recommended foreclosure & before it went to Council. At the April 2, 2019, meeting while considering appointing a new Alternate Member to the Planning Board, Board of Adjustments, and Design Review Board, it was noted that there could be an issue with Mr. Williams Ward's application that could cause dual office holding as he is currently appointed to the Okeechobee County Construction Industry Licensing Board. The Council deferred action on this item to allow Attorney Cook time to research the matter. Attorney Cook explained according to the Florida Attorney General Opinion 2013-31, the County's Construction Industry Licensing Board is considered an 'office;" the City Planning Board, Board of Adjustments, and Design Review Board is also an "office." Therefore Mr. Ward is ineligible for appointment. Clerk Gamiotea added she explained the issue with dual office holding to Mr. Ward; he withdrew his application for consideration this afternoon. Mayor Watford explained a ballot -type system would be used to rank the applicants. Each Council Member ranked the three applicants on a piece of paper. The rankings were tabulated with the assistance of Clerk Garniotea. Mr. O'Connor received one number one ranking, three number two rankings, and zero number three rankings; Mr. Shaw received three number one rankings, one number two rankings, and zero number three rankings; and Ms. Vu received one number one ranking, one number two ranking, and five number three rankings. The papers were collected by the Clerk and have become part of the official minute File record. Mr. Shaw was the only applicant in attendance. CODE ENFORCEMENT BOARD OF CASE NO. 11-00072 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- BARBARA MILLS 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 sworn, 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 & 30-43 Public nuisances 2. Location of Violation: 406 NW 5TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010010500030 4. Respondent(s) name & address: BARBARA MILLS; 1000 S OLIVE AVENUE #1 WEST PALM BEACH, FL 33401 5. Description of violation: DUE TO FAILURE TO COMPLY WITH CITY ORDINANCES FOR GENERAL CLEANING AND PUBLIC NUISANCE, THE CODE BOARD WILL CONSIDER TAKING LEGAL ACTION TO CORRECT VIOLATIONS. 6. Date by which violation is to be corrected: 2/12/2013 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 12th day of February, 2013 , 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�3 day of o.Ljay'y, 2013�. z -'z' CODE ENFORCEMENT BOARD ��. ed Sterling 55 SE 3rd Avenue Code Enforcement Officer Okeechobee, Florida 34974 (863) 357-1971 m (DomesticOnly; Provided) M rU For delivery information visit our website at www.usps.com�., A L USE 'vk E6 ktr 17 - Postage $ r - Certified Fee ru O Return Receipt Fee Postmark O (Endorsement Required) Hera C3 I ) Restricted Delivery Fee , '9 (Endorsement Required) r` Total Postage & Fees ru _ Sent To �t7T� I or .. Box No. PS Form 3800. August 2006 See Reverse for Instructions �_�• {'� ice. P ^+��.r.' e� � ,, Yv s ". T SAT IWI—P �[ V OW �+ p'�w CODE ENFORCEMENT BOARD OF CASE NO. 11-00072 THE CITY OF OKEECHOBEE. FLORIDA CITY OF OKEECHOBEE Petitioner. -vs- BARBARA MILLS 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 sworn, 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 & 30-43 Public nuisances 2. Location of Violation: 406 NW 5TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010010500030 4. Respondent(s) name & address: BARBARA MILLS; 1000 S OLIVE AVENUE #1 WEST PALM BEACH, FL 33401 5. Description of violation: PLEASE MOW OVERGROWN VEGETATION AND CLEAN UP PROPERTY 6. Date by which violation is to be corrected: 10/01/2011 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 11th day of October, 2011 , 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 aft 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. 5 DATED THIS r��` day of,).() �� '�-, 2011 CODE ENFORCEMENT .BOARD 55 SE 3rd Avenue Okeechobee, Florida 34974 d Sterling Code Enforcement Offi er (863) 357-1971 5 I (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.coms u7 Postage $ N Certified Fee ru Postmark Q Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) � Total Postage & Fees fU Sent To Mrq Street, Apt. No.; c� G or PO Box No. City, Stete, ZIP+4 SIM August 2UM NOTICE TO APPEAR ARI�QA � lYl i�-s l'Mess Respondent corrects the violation described herein. VII�ICA Al Rr the date set forth AN D contacts the undersigned Code Inspector to %crifi compliance. \I ICE IS 11FR :BN (:IN'F:''r that the alfe°�.;ed O s iolation(s) will he presented in the Cit' Council Chambers, Cit% Hall. 55 tit': 3rd A-, et ue. Okeechobee, V I, on lite 1.L -___-d a. � of-CC'o_ -'Ilt� , atD.6:3O P Datedthis iJa da% of the month of5-9PM—�!-0- the%carof —1.1, ,... Signed: I it le: ('it♦ of Okeechobee 55 SF 3rd A%enuc - ()kvechohce, 1 1. 34974 August 6, 2014 MEMO City Council Code Enforcement I am told that there are certain questions surrounding the Mills property on NW 5`" street, and the status of code enforcement at that site. You will recall that the code board, over the course of several years, repeatedly granted Mrs. Mills the opportunity to keep the property in code compliance, and was hesitant to take enforcement action due to her age and respected status in the community. The board has granted this deference to others in the City when appropriate as well. It gets to a certain point where continued deference does not make sense, when as here, the landowner refuses to respond or acknowledge the code violations, and refuses to take remedial action. The Mills property reached that point, which prompted the board to recommend foreclosure of the lien, which was approved by the City. I first attempted to obtain an inspection warrant through the county court, which is similar to an arrest warrant, in that the court can approve the abatement and correction of a code violation. Keeping in mind the filing of a lien in the public records does not permit the City to enter onto someones property to correct a violation, without their permission, the warrant is a court order authorizing such entry, and the correction of the code violation. In my application, the county judge returned the paperwork with questions surrounding whether this violation qualified for such a warrant, and whether Mrs. Mills was properly placed on notice. Since obtaining the warrant would only permit a one-time entry onto the property, and in light of the judge's concerns, I elected to abandon that route. Once I obtained the necessary title work and prepared the court documents, I filed a foreclosure against Mrs. Mills, which was served on her residence in Palm Beach county in July. She has 20 days to respond, and to date, we have not heard back from anyone on her behalf. The problem with this is that if she contests the action, it may linger in court for 12-18 months before reaching final judgment of foreclosure, in which case it would be placed for public sale to satisfy the liens, or the City could bid and obtain ownership of the property. It likely will not take that route. I expect Mrs. Mills to get someone in there to get the property into compliance, and then go to the code board and ask for a reduction in the fines and liens. At that point, I believe we could fashion some solution by which the lien is reduced in return for some sort of enforceable agreement for regular cleanup and maintenance of this property. Questions that come to mind: 1. Could we apply to the court now to get a court order to go in and clean up the property while the foreclosure is pending? Probably yes. 2. Can we avoid this problem in the future on this and other properties? Well, the statute, FS ch. 162, says what it says, and we have followed those procedures to the letter, so this is the process we are stuck with. However, you will recall we adopted Part II of that chapter, which allows code enforcement to issue citations that are heard by the county judge if the fines and penalties are not paid.. We have not used this procedure due to its own cumbersome procedural requirements to get these on the court docket, but it can be done. I believe if we try this procedure, requiring a violator to appear in court may have more clout than just violation notices, and obtain quicker results. When I return I will get with Fred and the Chief to explore using the citation method and whether that would have a meaningful benefit over our current system. Jcook City Attorney to Case #11-072 Barbara Mills 406 NW 5 I Street 6/24/11 - Sent Courtesy Letter - given until July 8, 2011 to clean and mow. 8/10/11 - Sent Notice of Violation for overgrown grass/general cleaning & public nuisance. NOV was also posted on property 8/16/11 - certified mail was returned on 8/31/11. 9/21/11 - Sent Notice of Hearing by certified mail and posted NOH on 9/30/11 - certified mail was returned. 10/11/11 - Case #11-072 went before Code Board - given 30 days to comply after that date a $25 per day fine would be imposed. 11/7/11 - Board Order was hand delivered & signed by Ms. Mills. 12/8/11 - Property was not in compliance after 30 days - $25 per day fine began*. 3/5/13 - City Council approved a recommendation by the Code Board to get court order to go on property & clean - Court order was denied. 3/18/14 - City Council approved recommendation to proceed with foreclosure. *$25 per day fine has been accruing since 12/8/11 as of 5/23/14 the accrued amount is $22,450.00 Lane Gamiotea From: Lane Gamiotea<Igamiotea@cityofokeechobee.com> Sent: Friday, May 02, 2014 11:19 AM To: City -Brian Whitehall; City -John Cook 2nd Cc: City-Melisa Jahner; City -India Riedel; City -Sue Christopher; City -Fred Sterling; City -Herb Smith; City -Patty Burnette Subject: FW: Mills property - John needs info for Foreclosure Attachments: SCAN0069_000.pdf Tracking: Recipient Read City -Brian Whitehall City -John Cook 2nd City-Melisa Jahner Read: 5/2/2014 11:40 AM City -India Riedel Read: 5/2/2014 12:08 PM City -Sue Christopher Read: 5/2/2014 11:40 AM City -Fred Sterling Read: 5/2/2014 12:14 PM City -Herb Smith City -Patty Burnette Read: 5/2/2014 11:36 AM BW/JC — (if following up on BW email to JC 5/2 for status update) This is the last info I have on it, there was an older lien that I brought to Johns attention & he was having Sue and India confirm whether it was ever finally paid off or not, and if there was a balance he was including it with the foreclosure paperwork. Patty's email (sent 4/7 @ 5:02 pm) was probably the very last email on this topic, which everyone was cc'd on when she replied. If anyone else other than JC, has information that wasn't cc'd to BW, please send to him, I realized BW wasn't cc'd on this one so I'm forwarding now O. -that is all. LG From: Sue Christopher [mailto:schristopher(ctbcityofokeechobee.com] Sent: Monday, April 07, 2014 11:27 AM To: 'India Riedel' Cc: Lane Gamiotea Subject: FW: Mills property - John needs info for Foreclosure India in reference to Case #01-0084 Barbara Mills the only record of payment I have is a handwritten list of the dates payments were made to Donna in 2004 which totaled $320. However, I'm not positive this is a complete list. If I knew then what I know now I would have had Donna give me a copy of each check (hindsight). Anyway if that list is accurate then there would be a balance of $150. Let me know if you need more info. Thanks, Sue From: Lane Gamiotea [mailto:lgamiotea@cityofokeechobee.com] Sent: Monday, April 07, 2014 9:18 AM To: City -Sue Christopher; City -India Riedel; City -Fred Sterling; City -Patty Burnette Cc: City-Melisa Jahner; City -Brian Whitehall; City -John Cook 2nd; City -Herb Smith Subject: Mills property - John needs info for Foreclosure Sue & India: I spoke w/ John regarding the issue that the Mills property that we're about to foreclose on, and that it had a previous lien, Case #01-0084, here's the dates/info on it: 9/9/2003 found in non-compliance, 10/17/2003 violation order Lien began accruing 9/9/2003 $10/day — recorded in OR BK 519 PG 882-884 12/9/2003 found in compliance 12/9/20003 Order on Review Fine ends — recorded in OR BK 525 PG 281-282 Sue provided me with this information from her files, Mrs. Mills was making payments to Donna once a month on Case #01-0084, the lien total was $470.00; Mrs. Mills had paid up to $320.00. John has asked that the we verify whether there is still an outstanding balance on this lien, if there is the he needs the amount, and the payment information, it will be included with the foreclosure paperwork. I'm not sure whether finance or code enforcement has this information, so if ya'II could coordinate & forward that information to John (and cc me so I can put the information in the original recorded lien file). Sue & Fred: would you mind double checking that there aren't any other outstanding liens on this property other than Case No's 11- 072 and 01-0084, 1 found some minutes in the lien file referencing Case No. 09-109??? Patty: I remembered that you have information when the city has to mow properties, and wanted to verify whether you have any invoices for cleaning this property? If so, please email info to John, and cc me for the file. The legal is Lots 3-4, Blk 105, City of Okee at 406 NW 5th Street. And John, you'd asked for Mrs. Mills address of where she is currently living, Fred provided this address: Mrs. Mills address in West Palm Beach. 1000 S. Olive Avenue, Apt # 1, West Palm Beach, FL 33401. Mucho thanks to all O La�£a�vt--G�ec� CAfC City Clerk Perbv-wqeLAd*nfv�rcitoY City of OkeecY 55 Southe-c*t31 Avena& Okzechobl e&, FL 34974 863-763-3372 ext215 863-763-1686 fax, 863-697-0345 cell c+,tyofblechot,ee com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. 3 1/6 '51 Lane Gamiotea From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Friday, May 02, 2014 10:51 AM To: jrcookl648@yahoo.com; johncook@cityofokeechobee.com Cc: 'Lane Gamiotea'; 'Robin Brock' Subject: Mills property foreclosure John - I continue to be harassed about the progress (or lack thereof) on the Mills property foreclosure. PIs give me an update on the matter. thanks Administrator City of Okeechobee (863) 763-3372 ext: 212 fax: (863) 763-1686 E -Mail: bwhitehallpcityofokeechobee.com Website: http://www.citVofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Melisa Jahner From: Lane Gamiotea <Igamiotea@cityofokeechobee.com> Sent: Friday, April 11, 2014 10:28 AM To: City-Melisa Jahner Subject: FW: Mills Address Print & file/LG From: Fred Sterling[mailto:fsterling@cityofokeechobee.com] Sent: Wednesday, April 02, 2014 2:12 PM To: Iga m iotea Cad cityofo keecho bee. com Subject: Mills Address Lane, Mrs. Mills address in West Palm Beach. 1000 S. Olive Avenue, Apt # 1, West Palm Beach, FL 33401. Fred Melisa Jahner From: Lane Gamiotea <Igamiotea@cityofokeechobee.com> Sent: Friday, April 11, 2014 10:10 AM To: City-Melisa Jahner Subject: FW: Mills property - John needs info for Foreclosure MJ — Print & file, highlight Fred's response (as this same email will most likely be copied in the file, to show multiple responses). LG From: Fred Sterling [mailto:fsterlinci cbcityofokeechobee.com] Sent: Monday, April 07, 2014 1:53 PM To: 'Lane Gamiotea' Subject: RE: Mills property - John needs info for Foreclosure LANE, Barbara Mills Case 09-109. This case never went before the Code Board. Came into compliance 11/10. Fred From: Lane Gamiotea [mailto:Igamiotea@cityofokeechobee.com] Sent: Monday, April 7, 2014 9:18 AM To: City -Sue Christopher; City -India Riedel; City -Fred Sterling; City -Patty Burnette Cc: City-Melisa Jahner; City -Brian Whitehall; City -John Cook 2nd; City -Herb Smith Subject: Mills property - John needs info for Foreclosure Sue & India: I spoke w/ John regarding the issue that the Mills property that we're about to foreclose on, and that it had a previous lien, Case #01-0084, here's the dates/info on it: 9/9/2003 found in non-compliance, 10/17/2003 violation order Lien began accruing 9/9/2003 $10/day — recorded in OR BK 519 PG 882-884 12/9/2003 found in compliance 12/9/20003 Order on Review Fine ends — recorded in OR BK 525 PG 281-282 Sue provided me with this information from her files, Mrs. Mills was making payments to Donna once a month on Case #01-0084, the lien total was $470.00; Mrs. Mills had paid up to $320.00. John has asked that the we verify whether there is still an outstanding balance on this lien, if there is the he needs the amount, and the payment information, it will be included with the foreclosure paperwork. I'm not sure whether finance or code enforcement has this information, so if ya'll could coordinate & forward that information to John (and cc me so I can put the information in the original recorded lien file). Sue & Fred: would you mind double checking that there aren't any other outstanding liens on this property other than Case No's 11- 072 and 01-0084, 1 found some minutes in the lien file referencing Case No. 09-109??? Patty: I remembered that you have information when the city has to mow properties, and wanted to verify whether you have any invoices for cleaning this property? If so, please email info to John, and cc me for the file. The legal is Lots 3-4, Blk 105, City of Okee at 406 NW 5th Street. And John, you'd asked for Mrs. Mills address of where she is currently living, Fred provided this address: Mrs. Mills address in West Palm Beach. 1000 S. Olive Avenue, Apt # 1, West Palm Beach, FL 33401. Mucho thanks to all O Lan��a,�s i��ci�niotec CHIC Uty clP,rWPe,:rscvunzi Acl*vti4V4tratofr city of oke 5 5 S&uti ev st 31"' A vevu t e/ Okee iobe,e/, FL 34974 863-763-3372 e -r -t215 863-763-1686 fax 863-697-0345 ceLL c+tyo fakeecho�e . com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. Lane Gamiotea From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Monday, April 07, 2014 5:04 PM To: 'Lane Gamiotea'; 'City -Sue Christopher'; 'City -India Riedel'; 'City -Fred Sterling' Cc: 'City-Melisa Jahner'; 'City -Brian Whitehall'; 'City -John Cook 2nd'; 'City -Herb Smith' Subject: RE: Mills property - John needs info for Foreclosure John, As far as I know, Public Works did not take care of this property. The last I was aware of was we were waiting to get a court order to obtain access on the property in order to bring it into compliance. Patty From: Lane Gamiotea[mailto:lgamiotea@cityofokeechobee.com] Sent: Monday, April 07, 2014 9:18 AM To: City -Sue Christopher; City -India Riedel; City -Fred Sterling; City -Patty Burnette Cc: City-Melisa Jahner; City -Brian Whitehall; City -John Cook 2nd; City -Herb Smith Subject: Mills property - John needs info for Foreclosure Sue & India: I spoke w/ John regarding the issue that the Mills property that we're about to foreclose on, and that it had a previous lien, Case #01-0084, here's the dates/info on it: 9/9/2003 found in non-compliance, 10/17/2003 violation order Lien began accruing 9/9/2003 $10/day — recorded in OR BK 519 PG 882-884 12/9/2003 found in compliance 12/9/20003 Order on Review Fine ends — recorded in OR BK 525 PG 281-282 Sue provided me with this information from her files, Mrs. Mills was making payments to Donna once a month on Case #01-0084, the lien total was $470.00; Mrs. Mills had paid up to $320.00. John has asked that the we verify whether there is still an outstanding balance on this lien, if there is the he needs the amount, and the payment information, it will be included with the foreclosure paperwork. I'm not sure whether finance or code enforcement has this information, so if ya'll could coordinate & forward that information to John (and cc me so I can put the information in the original recorded lien file). Sue & Fred: would you mind double checking that there aren't any other outstanding liens on this property other than Case No's 11- 072 and 01-0084, 1 found some minutes in the lien file referencing Case No. 09-109??? Patty: remembered that you have information when the city has to mow properties, and wanted to verify whether you have any invoices for cleaning this property? If so, please email info to John, and cc me for the file. The legal is Lots 3-4, Blk 105, City of Okee at 406 NW 5 1 Street. And John, you'd asked for Mrs. Mills address of where she is currently living, Fred provided this address: Mrs. Mills address in West Palm Beach. 1000 S. Olive Avenue, Apt # 1, West Palm Beach, FL 33401. Mucho thanks to all O Zanei£arn4? t 6�e, 4 CMC City C t p -r Pe rsovww,L A d*va v�ratav C icy of okeodwbee- 55 Southec*t 3r," Avenw Okeechcb-e&, FL 34974 863-763-3372 ext215 863 -763 -1686 fax, 863-697-0345 ceLL atyo fo-leehobee,. com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. m� FaA [OW UP �D M a-Ke 6U- C( fie. qe+ C-&P Lane Gamiotea From: Lane Gamiotea<Igamiotea@cityofokeechobee.com> Sent: Monday, April 07, 2014 9:18 AM To: City -Sue Christopher, City -India Riedel; City -Fred Sterling; City -Patty Burnette Cc: City-Melisa Jahner; City -Brian Whitehall; City -John Cook 2nd; City -Herb Smith Subject: Mills property - John needs info for Foreclosure Sue & India: I spoke w/ John regarding the issue that the Mills property that we're about to foreclose on, and that it had a previous lien, Case #01-0084, here's the dates/info on it: 9/9/2003 found in non-compliance, 10/17/2003 violation order Lien began accruing 9/9/2003 $10/day — recorded in OR BK 519 PG 882-884 12/9/2003 found in compliance 12/9/20003 Order on Review Fine ends — recorded in OR BK 525 PG 281-282 Sue provided me with this information from her files, Mrs. Mills was making payments to Donna once a month on Case #01-0084, the lien total was $470.00; Mrs. Mills had paid up to $320.00. John has asked that the we verify whether there is still an outstanding balance on this lien, if there is the he needs the amount, and the payment information, it will be included with the foreclosure paperwork. I'm not sure whether finance or code enforcement has this information, so if ya'II could coordinate & forward that information to John (and cc me so I can put the information in the original recorded lien file). Sue R. Fred - would you mind double checking that there aren't any other outstanding liens on this property other than Case No's 11- 072 and 01-0084, 1 found some minutes in the lien file referencing Case No. 09-109??? Patty: I remembered that you have information when the city has to mow properties, and wanted to verify whether you have any invoices for cleaning this property? If so, please email info to John, and cc me for the file. The legal is Lots 3-4, Blk 105, City of Okee at 406 NW 5th Street. And John, you'd asked for Mrs. Mills address of where she is currently living, Fred provided this address: Mrs. Mills address in West Palm Beach. 1000 S. Olive Avenue, Apt # 1, West Palm Beach, FL 33401. Mucho thanks to all O LaycPi £arn4e4t ��ec; ; CHC CXy CLevWPe,sovvvi.ebAd n44ii4trcLt&r City of Okeedw&ee, 55 So-uthea4t 3rd Ave. iu& Okee, l , FL 34974 863-763-3372 e.X.t215 863-763-1686 faw 863-697-0345 ceLL cryo fokzeCh,0LV"e1. Coves PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. Lane Gamiotea From: Sue Christopher <schristopher@cityofokeechobee.com> Sent: Thursday, March 27, 2014 8:49 AM To: 'Lane Gamiotea' Cc: Herb Smith Subject: RE: old case #01-0084 Lane — I found our records of Case #01-0084. It appears Ms. Mills was making payments to Donna once a month on her fine from 1/20/04 until 9/30/04. According to our file she had paid $320.00 and then she stopped making payments. I don't know if we need to go back and see if Finance has a record of more payments. But if she does still have a balance of $150 it would remain a lien on the property for 20 yrs or until it's sold. From: Lane Gamiotea[mailto:Igamiotea@cityofokeechobee.com] Sent: Wednesday, March 26, 2014 2:11 PM To: City -Sue Christopher; City -Fred Sterling; City -Herb Smith Cc: City-Melisa Jahner Subject: old case #01-0084 I have a question on an old code enforcement case I need some help with. Case #01-0084 for Bruce & Barbara Mills. Oct 2003 the Order/Lien was recorded for a $10/day fine for non-compliance. Dec 2003 found in compliance. Order of Review was recorded to stop the fine & that its total accrual was $470.00. Did they come back & ask for a fine reduction? Was the fine ever paid? If yes, do we know when? If no, does it just stay there until someone buys the property? Are there any files on this case at ya'lls offices? Any thoughts, comments, recollections are greatly appreciated. O LaytPi�a� G�ec� CIVC C Lty Cle rWPe rso-wvteV Ad wUftf4trato v, Ctty of Okeechobee, 55 So-uthe� 3' Avevwce, Okeechobee,, FL 34974 863-763-3372 ext215 863 -763 -1686 fall, 863-697-0345 cell cryo fol eche co-nv PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. The Updates! 1' F • p- ti from the City Administrator's Desk- 55 eskSS SE 3rd Av., Okeechobee, FL 34974 x,8,53 City Council meeting ofApril 1, 2014 441/70 intersection prosect - Last Thur, Mar 26 was suppose to be the bid opening date for the project. The City rec'd several contractor inquires over the last few weeks, most of which were simply relayed on to FDOT. Parking lot downtown - As you are aware, the City continucs to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. 2014 legislative appropriation requests — I've worked w/ Dale Milita to submit projects to our legislators for this year's session.- 1. ession:1. Complete the Storm water retrofit. conveyance (canal demuck) at an est cost of $254,444 2. Commence bank improvements at the Taylor Creek Park area. The bank has eroded and will result in stabilization of same -$195,556 City Atty: • Former Police Officer Larry Parzyanat filed a grievance_ for his employment termination and the 3/13/14 Grievance Committee findings were to uphold the termination. Again, as per Ch 7 of the Pers Code, Mr. Parzygnat is given the opportunity to appeal the Committee findings to the Council and the City reed a letter (attached) that he intends to do just that. Unfortunately, Mr. Parzygnat's representative isn't able to attend the this meeting. You will be provided a thorough report, including the recording of the 3+/- hour meeting prior to having to hear the grievance. • FDOT / Hamrick litigation - If I have time I will update this bullet before the packets go out but I have a meeting all day Friday in Boca on Community Redevelopment Agencies (CRAs). On Thurs., Mar 27, Atty Cook and I are to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation. • Barbara Mills 406 NW 5th St nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. Fire & Code Enforcement: ISO (Insurance Services Office) recently conducted a comprehensive Public Protection Classification survey. Chief Smith shared his excitement w/ me on the results of the ISO findings and wants time on the Agenda to give you a report. Page 1 - -- - 1 6/17/14 Activity Rpt Cont'd - --- - ------- FPL 10 -yr power plant site selection plan submitted to Florida Public Service Comm in April - included Okeechobee County as a potential site for a power generation plant according to Nick Blount, Treas Coast area mgr, at last week's Economic Council meeting. I'm working on developing a support resolution for the Agenda, but don't have it prepared yet. Tara Rowley forwarded some notes from the meeting and same is attached (2 pgs). You can view the report mentioned above at: http://www.fpl.com/about/ten year/ten year site plan.shtml (reflects the option to look at g:Iographic site selection alternates, by selecting 'maps' or by selecting the link 'plans', which is also here: http://www.fpl.com/about/ten year/pdf/2014TYP text.pdf Ord 1107 Aq use and allowable uses in various zoned area (2nd Rdq) on agenda. You recall we had a 1St rdg on this in January and have since distributed it to various agencies for Comp Plan amendment approval/sign off. For reference purposes, the City met with the Planning Board last September to discuss issues related to 'H - Holding' zoned parcels and to limited agriculture throughout various Land Uses along with a new potential 'RH' (Rural Heritage) zoning district. In this Ord there are some use categorization definition to more easily identify acceptable zoning categories within each Land Use category. This ordinance act as a precursor to developing further action on a revamp of the Holding zoned parcels. Finally, thereafter the City will tackle the H -Holding zoned parcels... once the uses are provided for by the ordinances mentioned above Parkinq lot downtown - As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4tn Av (where the Christmas trees were sold)_ I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. City Atty: • FDOT / Hamrick litigation - The Mar 27 meeting wherein, Atty Cook and I were to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation was cancelled and hasn't been rescheduled. • Barbara Mills, 406 NW 5th St, nuisance property resolution - At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. City Clerk: • Centennial Celebration - Not skipping a beat, Lane has solicited members for the Centennial Ad Hoc Committee as provided for in last meetings Resolution 2014-02 and appointments for same are on the Agenda. Page 2 'L. 5/20/14 Activity Rpt Cont'd • Ord 1111 BTR Code and fee changes - on Agenda to update the Code to the terminology 'business tax receipt' and increase the BTR fees 5%. I've attached the 8/20/13 (incl in this f/y budget -beginning discussion) memo reviewing the particulars. • Ord 1112 Impact fee - on the Agenda and continues the impact fee assessment moratorium for another year, through June 30, 2015. • Centennial Celebration - on the Agenda is a motion to adopt proposed Resolution No. 2014-02, creating an Ad Hoc Committee. You were supplied with a draft in the packets for last meeting and while it's a year away, it'll be here before you know it. • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. l'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. City Atty: • FOOT/ Hamrick litigation — The Mar 27 meeting wherein, Atty Cook and t were to meet w/ourAtty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation was cancelled and hasn't been rescheduled. • Barbara Mills, 406 NW 5th St, nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. Finance: • Mid -year financials update on Agenda — Fin Dir Riedel will give a short report on the mid -year financial. We met with Dept Heads and supervisors to review each department's budget, checking for over -expenditures or unanticipated costs. General Services / Planning Board: • Air conditioner in Dep Clk's office replacement - The City just rec'd quotes ranging from $3720/$3990 for a 13 SEER and $4560/$4990 for a 16 SEER. We are investigating any FPL rebates etc to make a determination to go w/ the more efficient A/C. Police: • Liquor sales to minors - The 5/11/14 Okeechobee News had an article wherein it stated that the Narc Task Force and the City were involved in a sting and found 7 of 12 stores selling booze to the underaged. Other than our Task Force rep, the City wasn't actually involved in the sting which explains, I guess, why all the stores were located outside of the City. I've spoken to Chief Davis and we plan to coordinate a similar sting in the near future for all stores inside the City. Page 2 3 5/6/94 Activity Rpt Con: OMM • Investigate City Courthouse (Judicial Ctr) securitx — I was recently asked by the county Admin as to whether the City would have an interest in assuming the Ct House security, if/when the Sheriff's Office decided to drop the responsibility and I wrote the following: Some time ago (This was last year) I had a staff conference w/ Chief Davis and Major Peterson. We briefly analyzed the proposition with the information available and our instinct was, while it might be feasible, not to get into a controversial position wherein the Sheriff would feel undermined by the City's intrusion and it's my understanding that Major Peterson conveyed that to you. I've read the recent dialog in the paper and see the: County is at a point where you really don't have much of a choice but to investigate all the possibilities ... at least it appears that way. Having said all that, I think we would at least entertain analyzing a bit more info, but if it's all the same to you, I'd like to see what the Sheriffs approach is. I hope you get my drift that I don't want to put the City in a position to antagonize the Sheriff, or for that matter, the Commissioners. It's the Admin's intention to at least investigate alternatives which incl the City of an outside agency. I know the matter is complicated and one of my biggest concern would be that the City's budget to cover the applicable expenses would be subject to the County's budgeting process. Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 942.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. City Atty: • FDOT / Hamrick litigation — The Mar 27 meeting wherein, Atty Cook and were to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation was cancelled and hasn't been rescheduled. • Barbara Mills. 406 NW 5th St, nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. City Clerk: • Summer Schedule - Clerk Gamiotea consulted w/ all staff to determine a potential 'summer schedule' wherein the first regular meetings for the months of Jun, Jul & Aug are cancelled and it's on the agenda. • Centennial celebration — Clerk Gamiotea has developed a Resolution (enclosed in the packet) to form an Ad Hoc Committee for you to review. As you know, July 15, 2015 marks the City's 100 -year anniversary. Page 3 IN, La to Lane Gamiotea �(+S�i�dzi19 From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Monday, March 03, 2014 4:27 PM To: jrcook1648@yahoo.com; johncook@cityofokeechobee.com Cc: 'Robin Brock'; 'Lane Gamiotea' Subject: FW: FW: [POSSIBLE SPAM] Mills property IN From: dowlingwatford(�i)okeechobeeford.com[mailto:dowlingwatford(?bokeechobeeford.com] Sent: Monday, March 03, 2014 4:23 PM To: Brian Whitehall Subject: RE: FW: [POSSIBLE SPAM] Mills property We need to put on agenda if necessary. Need to begin process. DW -------- Original Message -------- Subject: FW: [POSSIBLE SPAM] Mills property From: "Brian Whitehall" <bwhitehall(a)cityofokeechobee.com> Date: Mon, March 03, 2014 3:36 pm To: <dowlingwatford(cbokeechobeeford.com> Cc:<iohncookOcityofokeechobee.com>, <jrcook1648(ftahoo.com>, "'Robin Brock"'<rbrock(aOcityofokeechobee.com>, "'Lane Gamiotea"' <laamiotea(a)cityofokeechobee.com>, "'Herby"' <hsmith(c�i cityofokeechobee. com>, "Fred Sterling" <fsterling(�bcityofokeechobee.com> John - (Hope you don't have a problem w/ me sending this to those involved) think the council originally agreed to proceed w/ the Judgment, knowing that it was a onetime thing. If, after that, the property wasn't maintained, then we could proceed w/ the foreclosure. If the Judge rejected our application, what recourse do we have other than your suggestion? I expect it should warrant going back to the City Council for that recommendation?!? Thanks bw From: John Cook [mailto:jrcook1648@yahoo.com] Sent: Monday, March 03, 2014 11:31 AM To: Brian Whitehall Subject: Re: [POSSIBLE SPAM] Mills property The county judge rejected our application; even if I re -do it and its approved, it is only for a one-time clean up in the yard. I suggest we put it on the agenda for foreclosure approval. jcook On Monday, March 3, 2014 10:58 AM, Brian Whitehall <bwhitehall(o)_cityofokeechobee.com> wrote: John - What is the latest on this?? I know you visited w/ me some on it ... anything new that I can pass on? Bw From: dowlingwatford okeechobeeford.com[mailto:dowlingwatford@okeechobeeford.com] Sent: Saturday, March 01, 2014 11:18 AM To: Brian Whitehall Subject: [POSSIBLE SPAM] Mills property Hope your "procedure" went ok on Fri. Any idea on status of Mills property? Has John made any progress??? Tks, DW July 23, 2013 MEMO Brian Whitehall Re: Mills property Since the March request, I have combed through previous cd's and files on my various computers, trying to locate the legal work I did on this same issue a couple of years ago, the idea being I would not have to start over. I was only able to find one file of assistance, so I began over. I prepared an affidavit for Fred a couple of weeks ago, and it was returned to me today, although it still has to be notarized. From there, we file additional documents with the clerk of court, and ultimately with the county judge, who sets a hearing. Since it appears difficult to locate and/or contact Ms. Mills, and with my schedule, it will likely be the middle or end of August to finalize the matter, at least to the point of obtaining a court date. Jcook 5 t City Attorney Page 1 of 1 Fred Sterlin From: "Brian Whitehall" <bwhitehall@cityofokeechobee.com> To: <johncook@cityofokeechobee.com> Cc: "'Robin Brock"' <rbrock@cityofokeechobee.com>; "'Fred Sterling"'<fsterling@cityofokeechobee.com>; "'Herby"' <h sm ith @ci tyofokeechobee. com> Sent: Tuesday, July 09, 2013 1:31 PM Subject: B Mills nuisance property action John - On March 5 the city council voted to legal action to gain access to the Barbara Mills property at 406 NW 5th St, but I've heard nothing since. Have you made progress on this front? Council Member Watford moved that the City takes the necessary legal action to get the court order (inspection warrant) to obtain access to the Mills property located at 406 Northwest 5th Street, Lots 3 and 4 of Block 105, City of Okeechobee, to bring it into compliance (Code Enforcement Case No. 11-072); seconded by Council Member O'Connor. Additional instructions from the Mayor and Council were that once the inspection warrant is obtained, and the property cleaned by the City, should it be found in the same condition as it is now within 30 to 45 days after it is cleaned up, the foreclosure option would then be placed on the Council agenda for consideration. Thanks Vis. 1114&" Administrator City of Okeechobee (863) 763-3372 ext: 212 fax: (863) 763-1686 E -Mail: bwhitehall@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 7/9/2013 f�a -- Lap - of ' OK��C yom M O ^� r o 1915 City of Okeechobee February 19, 2013 Office of the City Clerk MEMO: Brian Whitehall Re: code board action/Dr. Mills property N.W. 5th St. At the code board meeting of February 11, one of the recurring items on the agenda was Dr. Mills former office on N.W. 5th St. As you may know, this property has been under code lien for many months, for overgrowth and general cleaning. When Fred Sterling is able to contact her, she hints around that she will come out and pull a few weeds, but nothing substantial is being done, nor does it appear that any improvement is on the horizon. I explained some options to the board: 1. do nothing 2. foreclose on the property 3. file for an inspection warrant 4. file a lawsuit for public nuisance The board elected to suggest the filing of an inspection warrant. This is a procedure authorized by Florida Statutes to obtain a warrant, basically a county court order after notice to Mrs. Mills, which if granted gives the City the right to enter upon private property to abate a nuisance or code violation against the wishes of the landowner. One problem here is that since the violation is overgrowth and cleaning, if we go to the expense to do this, we may be looking at the same violation a couple of months from now when it grows back. The other options are more final in nature, as the foreclosure grants ownership, with a sale to satisfy our lien, and a nuisance lawsuit, which is what we filed in Brantley's case, is a final court judgment that is enforceable via contempt powers of the court. Any of the legal options will incur expense and fees, none of which would probably be recoverable unless the property were sold someday. Look over these options and if you place it on the agenda I will try to have a better idea of fees and costs for each option. Jcook City A ey 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 ENVIRONMENT (d) If the property is sold at public sale pursu- ant to subsection (c)(2) of this section, the city shall deduct from the proceeds the costs of trans- portation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for one year. The city shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within one year from the date of the above stated deposit by making appli- cation to the city. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the state school fund. (e) The owner of any abandoned or lost prop- erty who, after notice as provided in this section, does not remove such property within the speci- fied period shall be liable to the city for all costs of removal, storage, and destruction of such prop- erty, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the code enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of regis- tration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The code enforcement officer shall supply the state department of highway safety and motor vehicles with a list of persons whose boat registration privileges or whose motor vehi- cle privileges have been revoked under this sub- section. Neither the department nor any other person acting as agent thereof shall issue a cer- tificate of registration to a person whose boat or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. (f) Whoever opposes, obstructs, or resists any code enforcement officer or any person authorized by the law enforcement officer in the discharge of their duties as provided in this section, upon conviction, is punishable as provided in section 1-15 of this Code. § 30-43 (g) Any code enforcement officer or any person authorized by the code enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real prop- erty while in the discharge of duties imposed by this section. (h) The rightful owner shall be liable for the city's costs for transportation and storage of lost or abandoned property and the city's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall vest in the city. (Code 1982, § 8-9) State law reference --Similar provisions, F.S. § 705.103. Sec. 30-43. Public nuisances. (a) "Public nuisance" as defined in this section, means the existence of excessive accumulation of litter or untended vegetation, garbage, weeds, or other dead or living plant life; or places holding stagnant water, and all other objectionable, un- sightly or unsanitary matter upon any lot, track of land within the city, whether uncovered or under shelter, to the extent and in the manner that such lot or parcel of land is, or may reason- ably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breed- ing place for mosquitoes, or threatens or endan- gers the public health, safety or welfare, includ- ing such condition causing or tending to cause disease, or by reason of such a condition, tends to impair the economic welfare of adjacent property; including abandoned or junk property as defined by this article; unsightly, derelict or unsafe build- ing or structure which may constitute a hazard to safety, health, welfare or sense of public aesthet- ics by reason of inadequate maintenance, dilapi- dation, obsolescence, or abandonment. (b) All nuisances are declared to be a public nuisance and illegal within the municipal bound- aries of the city, and shall be removed, corrected or otherwise satisfied at the direction of the city as provided in this article. (c) Any nuisance, except such nuisance as would be determined to be an emergency, existing within the city shall be brought before the code enforce- ment board of the city as provided in F.S. ch. 162. CD30:7 ENVIRONMENT sante has been filed, and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstanding the procedures available to the city by this article, the city retains the right and ability to proceed against the lot or parcel for abatement of nuisance by F.S. ch. 60, or any other applicable provision of state laws. (Code 1982, § 8-10; Ord. No. 759, § 8-10, 10-3- 2000) State law reference—Cost of repairs, etc. made part of lien, F.S. § 162.0. Sec. 30-44. General cleaning and beautifica- tion. (a) In the interpretation of this section, the city has determined that all lands in the city fall into the following categories, and this Code will be enforced in this section to conform to these cate- gories: (1) Unplatted and undeveloped lands are con- sidered to be raw land or unimproved land. (2) Platted and undeveloped lands are consid- ered to be raw land or unimproved land. (3) Platted and developed lands are consid- ered to be developed or improved land. (4) Unplatted and partially developed lands are considered as developed and improved land only for that portion of the whole parcel that includes actual developed land. (b) All owners of improved property shall cut and keep cut all weeds, grasses or undergrowth on the entire property, to a height not to exceed eight inches. Also, all landscaping shall be trimmed and kept in a neat appearance so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (c) When determined by the code enforcement officer of the city that a public nuisance exists, owners of all unimproved property shall cut and keep all weeds, grasses and undergrowth to a height not to exceed 12 inches, in a strip 100 feet wide around the perimeter of such property, which fronts on a public street, drainage or utility ease- ment or is contiguous to occupied property. Also, § 30-44 the owner shall remove any abandoned property, garbage, litter, stagnant water, untended vegeta- tion or noxious matter on the entire property. (d) All owners are deemed to be in control of and responsible for areas on or adjoining their property such as easements. (e) All lands in the city shall be kept free of untended vegetation or any other matter, which by reason of height, proximity to neighboring structures, physical conditions; disease such as, but not limited to: lethal yellowing palms or other peculiar characteristics which might in time of high winds, prevalent in this region, cause dam- age to life or property within the immediate area surrounding such region. W It shall be unlawful for any person to cause, maintain, permit or allow to be caused, main- tained or permitted, the accumulation of any litter, garbage, abandoned property, stagnant wa- ter, untended vegetation or weeds on any construc- tion or building site before, during or after com- pletion of such construction or building. It shall be the duty of the owner or his agent to make adequate provisions for the disposal of such items and to have, on the construction or building site, adequate facilities for the disposal of such items and to make appropriate arrangements for the collection thereof. U.S. Postal Service CERTIFIED MAIL., RECEIPT ' (Domestic Mail Only; No Insurance Coverage Provided) -• For delivery information visit our website at www.usps.com W Postmark E3 Return Receipt Fee Here Q (Endorsement Required) Im !I Restricted Delivery Fee C3 (Endorsement Required) m 1 j%- Total Postage & Fees ru Sent To � ----- I S`treet, Apt. No.; p --------------------- 1:3 or PO Box No. r JIe PS Form 3800. August 2006 See Reverse for Instructions t CITY OF OKEECHOBEE CODE ENFORCEMENT Case: #11-072 Name: Barbara G. Mills Address: 406 NW 5" Street Code Board Action: Imposed a fine starting 12/8/11 @ $25.00 per day for code violation Ch 30 Sec 30-43 Public nuisance & Sec 30-44 Gen. Cleanin& Accrual of Fine: F -7-- a lY1 C�t� AP :51 + ` Nov =3v 4Noy � () et = ;�j _ Date of Compliance: 08L. reb =ag rAcvr",31 I"I_( =30 .;l is ne = 3 JTi - 311 Vd, /ow la -4-/5 y as V Barbara Mills 406 NW 5th Street Citi of Okeechobee Okeechobee, FL 34972 Code enforcement CASE # 11-072 I hereby certify receipt of Board Order hand delivered by the City of Okeechobee Code Enforcement Officer. 171/ Date Recipients Signature 6 -7- 4f, -a 1�� Printed Name 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 Barbara Mills 406 NW 5th Street 10/13/2011— Received Mr. Richard Mills phone number from Ray Domers office. The address is 503 Lackland Court, Mt. Pleasant, SC 29464; Phone 843-884-2493. Called and spoke to Mrs. Richard Mills (Mrs. Mills's daughter in law) about the situation at 406 NW 5th Street (Dr. Mills's old office) she was very supportive of the City in its effort to get the property cleaned. She stated that the real problem was Mr. Robert Mills (who she stated is bipolar). He is the other son with whom Mrs. Mills is living with in West Palm Beach. As such he has influence as to his mother's decisions and Mrs. Mills normally goes along with whatever he says. He is against removing or cutting any vegetation. 10/14/2011— Mrs. Richard Mills called and informed me that she had spoken to Mrs. Mills last night and tried to explain what was happening at 406 NW 5th Street. She also stated that Mrs. Mills would be calling. 10/14/2011— Mrs. Barbara Mills called and stated she was having some dental problems and that is why they had not been up to Okeechobee in a while. She wanted to know what was happening at the old office. I explained that the case had gone before the Code Board and they had made the decision that the property had to be brought into compliance. I then explained to her what that meant. She asked if that was a City code and I informed her that it was and we would be glad to furnish her with that code. She stated she would call back on Monday 10/17/2011 to get the code and a copy of the order. Code Violation Report Date: ® r Case # U-079 SOI) Property Owner: C Ii 1 Li -S Phone: o � �Zna) ,z $3G-rbCL a, r�`! 6--(o- s - 419.'70 Location:- it) it)Jr_ S i - dktZ" 4,%A t 4.n ;F-- -d'n +.k ) Mailing Address:, 3 34141—(0579' Lot(s): 3 Block: / 0 5 Section: �� I e� 4�'/�•�t Parcel #—,3- 37-35 -00/0-014DS6 - 0 03 0 Disabled Vehicles V'U"ntended Vegetation k General Cleaning 1/ Public Nuisance Other: 1`�e�iw e� -pal o5T Notice of Violation: Mailed: /Q/I/Hand Delivered: 8 Reinspected: Status: Reinspected: Notice of Hearing: Mailed: LW Reeeiroed Reinspected: Status: Reinspected: Status: Contacted: Owner: Tenant: Other: Contact made on: In person: _ By phone: _ Photo taken on: Code Enforcement Action: I v; rrFt '>s;d— Olay /// — 5 pdAevr -tc, /P / 145 ON film eItDJ S Q c'cA� , o J 5 — 6f je h%s A rMt u M m E CbA VrH'9xefi XO 7/#Ai 7719 DAO P#,CW4 15 A5 A69D A-5 i r ► S Compliance Date: COU Reactive eCi Citi of Okeechobee Code bnforcement CODE ENFORCEMENT BOARD CASE # 11-00072 NOTICE OF VIOLATION 8/10/2011 BARBARA MILLS 1000 S OLIVE AVENUE #1 WEST PALM BEACH, FL 33401 RE:LOTS: 3 & 4 BLK: 105 PARCEL: #31537350010010500030 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 406 NW 5TH STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisances CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN VEGETATION AND CLEAN UP PROPERTY 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, --.F d Sterlina Code Enforcement Off (863)357-1971 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 la CO ru ul f`- Postage $ ft Certified Fee IlJ Postmark O Return Receipt Fee Here p (Endorsement Required) Restricted Delivery Fee { (Endorsement Required) t CO r— Total Postage & Fees $ Sent To ------------------------------ a � Street, Apt. No.; or PO Box No. City, State, ZIP+4 PS Form :r0 August 2006 F' op. Reverqe for Instructions Barbara Mills Case #11-072 406 NW 5th Street V, P 8/16/2011 11:02:52 AM n NOTICE ""a-' !you are Violating Local Codes/Ordinances in particular 5 Days from date posted is required to correct the Violation(s). Should you fail to comply you may be subjected to an appear- ance before the Code Enforcement Board and possible tines. Dated this _.day of the month of A0 77 _the year 42-2 ' Signed7_rRE[A S7FI?LIA1C Title: J City of Okeechobee 55 St 3rd Avenue - Okeechobee, FL 34974 863-357-1971 Florida Statute 705.16 a June 24, 2011 Citi of Okeechobee Robert & Barbara Mills 1000 S. Olive Avenue West Palm Beach, FL 33401 Re: 406 NW 5`e Street Dear Robert & Barbara: Code enforcement This is a courtesy letter requesting your assistance in resolving an ongoing situation at 406 NW 5" Street. Unfortunately, we are receiving complaints about the overgrown condition of the property. Therefore, it is of the utmost importance that you make this a top priority. Since our main objective is voluntary compliance we hope to resolve this matter with your cooperation. However, if the property is not in compliance by July 8, 2011 it will be necessary to issue a Notice of Violation/Notice of Hearing to appear before the Code Enforcement Board. I'm enclosing a list of lawn maintenance companies in case you are unable to do the work yourself. Please call our office to let us know when the work will be completed. Again, I urge you to please get this matter resolved quickly so further action will not be needed. If I can be of assistance, do not hesitate to call. Sincerely, Fr d Sterling ode Enforcement Officer (863) 357-1971 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 WA C3 Wj 0 0 1 0 r-:1 For delivery information visit our website at www.usps.comq, M 4,n U S, Postage $ Certified Fee ru Postmark C3 Return Receipt Fee Here E3 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) n� all C3 CO r%- Total Postage & Fees ru Sent To C3 rq I-AQ4 ---- -1 -69-A ------ ��irijjf, -AFt- No.; C3 or PO Box No. ---------------------------------------------------------------------- City, State, ZlP+4 PS Form 3800. August 2006 See Reverse for lnstruL2� 713 Oke.16hobee County Property Appraiser - Map Printed on 6/14/20119:19:55 AM >� NW 6TH ST0 50 50 � >>d a .° - r y a vJ- - �JQ7 7 .,, ..; _f r �`"- •t !i. '3 i1 �7 ---rd S'iJ S 1w ,'; 4110 17 34. ,a A� ^` ,`,u 3-15-37-35-0010-01050-0030 _. IJ MILLS BARBARA N'Jd -TH �".T Fl. 121 °r 11-1-1-1979 -` 32 COQ 1.`0 M 3f' ` �� ,n 5 r i MIMI Lu AMk 'A5 V1 .ns NW 4TH ST a, t , Okeechobee County Property Appraises 6J 1216 1£=, ft. Bin rinan, CFA - Okeechobee arida - 863-763-44'-':' --- ---- ---- —' W PARCEL:3-15-37-35-0010-01050-0030 3 15-37-35-0010-01050-0030 - OFFICE BLO (001700) CITY OF OKEECHOBEE LOTS 3 & 4 BLOCK 105 +_ Name: MILLS BARBARA G LandVal $56,550.00 Site: 406 NW 5TH ST, OKEECHOBEE BldgVal $41,484.00 Mail: 406 NW 5TH ST ApprVal $98,034.00 , OKEECHOBEE, FL 349722567 JustVal $98,034.00 Sales Assd $98,034.00 .- Info Exmpt $0.00 j �- Taxable $98,034.00 This information, CAMA updated: 6/2/2011, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GI SIPrint_Map.asp?pjboiibchhjbnligcafcefocnfkfdfefdbblejngbckcienkcfa. Page 1 of 1 6/14/2011 AM Case #09-109 Barbara G. Mills 406 NW 5 'h Street Untended Vegetation/General Cleaning 09/18/2009 — Sent Courtesy Letter. 09/24/2009 — Inspected property 4 times between 9/24 & 11/02/2009. 11/09/2009 — Sent Notice of Violation. 11/30/2009 — Notice of Violation returned. 12/06/2009 — Spoke to Mrs. Mills, informed her that the property had to be mowed & cleaned. • 12/28/2009 — Mailed Notice of Hearing. • 01/05/2010 — Posted & photographed property. • 01/08/2010 — Spoke to Mrs. Molls, she stated that they were working on cleaning the property. I recommended that they hire a lawn maintenance company to at least get it in a manageable condition. She stated that there were rock gardens in the back and side yard and had to be cleared by hand. I made an arrangements to meet here on 1/12/2010. • 01/12/2010 — Met with Mrs. Mills, on Monday she will be talking to a lawn Maintenance company about getting the property cleaned up. Request this case be tabled till 02/09/2010. V �Y - r.•5. t^€- i.� _ .+nr.o -a:..,e ,ati..� ye�� .P: '7r' fit.: cp seelc tai �+' C t� r�..-1 �rv►. C� � 1✓ S y �'1 Rj s .� x A! t�✓ 9 i -3 . r 2 !i '' n,>1 _t�� c +1-t O iv.+ M aG✓ .s CJ` t , �ts � � �,�� t.l ✓'s �y P �i � • t� +► v� ,Fw. �°� rN L1(� V t .7 ! d'✓ �I�J/�. f a w41 OKEECHOBEE COUNTY FLORIDA CODE BOARD ENFORCEMENT CASE NO. INSPECTION WARRANT IN THE NAME OF THE STATE OF FLORIDA. TO ALL AND SINGULAR CODE ENFORCEMENT OFFICERS WITHIN THEIR JURISDICTIONS: THIS CAUSE came on to be heard by the court on the date and time set forth below, and actual notice of the proceeding was provided to the owner(s) of the subject real property in the following manner: . h rs � , A\ c,c1 � (xv CC )-V ey-ec6g1()and WHEREAS I have on this date received an affidavit from one FRED STERLING, the code compliance officer for the City of Okeechobee, Florida, and: WHEREAS I have examined orally, and under oath, the Affiant upon the facts as sworn to in said affidavit, and: WHEREAS the facts made known to me by such affidavit and oral examination have caused me to find that there is probable cause to believe that certain commercial lands within the City of Okeechobee may be in non-compliance with city codes, and have continuously remained in non- compliance since December, 2011 when the City recorded a fine and lien in the public records, Okeechobee county, Florida, at OR Book 709, Page 018, and the nature of the violation is such that the subject property may violate codes that relate to building, fire, safety, environmental, health, minimum housing or zoning standards, and; WHEREAS the subject property is held in title by BARBARA G. MILLS, and is located at 406 NW 5t' St., Okeechobee, Florida,, bearing parcel i.d.# 3-15-37-35-0010-01050-0030, legally described as Lots 3&4, Block 105, City of Okeechobee, and; WHEREAS said facts so made known to me by such affiant have caused me to certify and find that the requested inspection of the subject property is an integral part of a larger scheme of systematic and routine inspection which is necessary to, and consistent with, the continuing efforts of the City of Okeechobee to ensure compliance with the provisions of the City of Okeechobee codes and Land Development Regulations, and; WHEREAS facts set forth in said affidavit establish that the area of the subject property to which this warrant applies is not used as an owner -occupied residence. THESE PRESENTS ARE TO COMMAND YOU, pursuant to Florida Statutes Ch. 933.20 with the necessary and proper assistance as to the exigencies of the occasion may demand or require (including the use of assistance from law enforcement, public works, and other inspection personnel), to enter, without owner consent, upon the subject real property and outbuildings and cartilages thereof (excluding an owner -occupied residence) to diligently inspect the property for status of current violations of City codes, specifically sections 30-43 thereof, public nuisances, consistent with the alleged violations set forth in the attached Affidavit, and to abate, correct, or eliminate such code violation(s) presenting a serious threat to the public health, safety or welfare. UPON ENTERING the subject real property (excluding an owner -occupied residence) under the authority of this inspection warrant to the person(s) in charge of the subject property, or, in the absence of any such person, to post on the front door of any dwelling, or structure thereon, or in some other conspicuous place on the property, and to make a return of your findings and doings under this inspection warrant within ten (10) days following execution of same. THIS INSPECTION WARRANT shall be void if not executed within fourteen (14) days from entry of same. This inspection warrant requires that 24 hours advance notice be provided to the owners of the property prior to execution, which notice may be by hand delivery, personal service, or posting in a conspicuous place on the subject property. An inspection shall not be made between 6:OOp.m. of any day and 8:00 a.m. of the succeeding day; on Saturday, Sunday, or any legal holiday; or in the absence of an owner or occupant over the age of 18 years of the particular place, dwelling, structure or premises, unless specifically authorized by the issuing court upon a showing that such authority is reasonably necessary to effectuate the purposes of the rule or code being enforced. AS THE AFFIDAVIT and sworn testimony indicates the alleged code violation relates to reasonable suspicion of a violation of a local or state code or law or ordinance of City building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing or zoning standards, which is such violation existed, would be an immediate threat to health or safety, the code enforcement officer, and his agents, may make entrance by means of reasonable force, including breaking of chains or locks. DONE AND ORDERED this day of a.m./p.m. 2013, at the hour of JERALD D. BRYANT COUNTY JUDGE OKEECHOBEE COUNTY, FLORIDA CODE ENFORCEMENT BOARD FOR THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 11-072 CITY OF OKEECHOBEE Petitioner Vs. BARBARA G. MILLS respondent AFFIDAVIT FOR ISSUANCE OF INSPECTION WARRANT STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, this day personally appeared the undersigned petitioner, FRED STERLILNG , who being first duly sworn, does state as follows: 1. That affiant is employed by the City of Okeechobee as a code enforcement inspector pursuant to ch. 162 Florida Statutes, and is so certified as such. 2. That respondent is named as a violator of certain municipal codes of the City of Okeechobee, and is owner of record of real property located in the city of Okeechobee at 406 NW 5th St.. 3. That petitioner caused a code violation action to be initiated against the property of respondent in this cause, resulting in a final order being issued by the municipal code board on October 11, 2011 finding the subject property in violation of Chapter 30, municipal code, specifically sections 30-43 and 30-44 thereof, public nuisance and general cleaning. This order was reduced to a lien and recorded in the public records at OR Book 709, page 018, public records, clerk of court Okeechobee county, Florida. The property has not come into compliance with municipal codes since entry of this order. 4. That the nature of the violation is such that affiant has reason to believe that a condition of nonconformity exists with respect to this real property that constitutes a violation of municipal codes relating to building, fire, safety, environmental, health, minimumhousing or zoning standards. 5. That the conditions existing at present are extreme overgrowth of vegetation, trash, and debris which would constiute a public nuisance under both municipal codes and state law under Ch. 60, Florida Statutes; is unsightlly to neighbors and the public, and poses a risk of rodent infestation and to public health. 6. The place to be inspected for code violation is 406 NW 5th St., which is described as: From the intersection of southwest Park St. And SW 5th avenue, travel north on NW 5th avenue to the intersection with NW 5th street; turn right or east onto NW 5th St. To 406, which is the first structure on the right, or south side of 5th street; being a concrete block structure formerlyl used as a commercial office and now vacant. 7. The purpose for which the inspection is to be made is to determine the extent of the violation, and to bring onto the property, but not into the structure, certain equipment necessary to clean the property and bring it into compliance with ch. 30 of petitioners municipal codes. 8. That since October 2011 petitioner has sought the consent and participation of respondent in order to take the steps necessary to bring the property into compliance; the most recent contact was in March 2013, at which time respondent indicated she would cause the property to be cleaned up. This is the same representation she has made since 2011, and the property remains in code violation. 9. That affiant requests that the court issue in inspection warrant pursuant to ch.933.20 Florida Statutes, herein without necessity of bond. FURTHER AFFIANT SAYETH N07. F O . F D STE . ' NG SWORN TO AND SUBSCRIBED before me, this,=- day of July 2013 by FRED STERLING,who is personally known to me, or who offered the following identification: 01"'i ; and who being first duly sworn, states the foregoing is true and correct and executed by him for the reasons set forth therein. OTA Y PUBLIC My commission expires; aaP� Prepared by: ` Lt� JOHN R. COOK --- City Attorney 55 SE 3rd Avenue Okeechobee, FI. 34972 (863)467-0297 FI. Bar 262951 r��, ••..°% NANCY SUE CHRISTOPHER MY COMMISSION # EE 119151 EXPIRES: April 13, 2016 -"" F Fie' Bonded Thru Budget Notary Services