2014-03-11CITY OF OKEECHOBEE
MARCH 1112014 REGULAR CODE ENFORCEMENT BOARD MEETING
SUMMARY OF BOARD ACTION
I. CALL TO ORDER - Chairperson;
March 11, 2014 Regular Meeting, City Hall, 55 SE 3' Avenue,
Okeechobee, FL
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Jamie Gamiotea
Board Member Melissa Close
Board Member Louise Conrad
Board Member Ted Denisuk
Board Member Jim Pippin
Board Member Rennae Sweda
Alternate Lynn Boak
Board Attorney John Cook
Fire Chief/Code Enforcement Officer Herb Smith
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher
PAGE 1 OF 4
Chairperson Gamiotea called the March 11, 2014, Regular Meeting to order at 6:30 p.m., in the City Council Chambers,
located at 55 Southeast 3'd Avenue, Room 200, Okeechobee, Florida.
Pledge of Allegiance was led by Chairperson Gamiotea.
Present
Present
Present
Present
Present
Absent with consent
Absent with consent
Present
Absent
Present
Present
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Member Close moved to dispense with the reading and approve the Summary of Board Action for January 14, 2014; seconded
Summary of Board Action for the January 14, 2014 Regular by Member Denisuk. There was no discussion on this item.
Meeting.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT SOAK - ABSENT MOTION CARRIED.
AGENDA
V. AGENDA - Chairperson.
MARCH 11, 2014 - CEB REGULAR MEETING - PAGE 2 OF 4
BOARD ACTION - DISCUSSION - VOTE
A. Requests for the addition, deferral or withdrawal of items on III There were no requests for the addition, deferral or withdrawal of items on today's agenda.
today's agenda.
VI. PUBLIC HEARING ITEMS.
A. Disposition of Cases presented by Code Officer Sterling : This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer
Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony,
photographs, and supporting documents were all entered as part of the official record.
Case No.13-093 Code Officer Sterling testified service was via Notice of Violation sent by certified mail and received by property owner and
Timothy Pethybridge. 207 SE 11"' Avenue posting of Notice of Hearing on the property. Code Officer Sterling stated the property is overgrown and has a window that
Ch 30 Sec 30-43 Public nuisance needs to be boarded up. He added he has not had any contact with the owner.
Ch 30 Sec 30-44 General cleaning & beautification
Member Close moved to find Case 13-093, Timothy Pethybridge, 207 SE 11' Avenue in violation of Ch 30 Sec 30.43
Public nuisance and Sec 30.44 General cleaning, declaring the propertyto be a public nuisance based on the testimony
of Code Officer Sterling, recommending the City Administrator authorize mowing and boarding of windows with a lien
placed on property for the cost; seconded by Member Conrad.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT BOAK - ABSENT MOTION CARRIED.
726
727
MARCH 11, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4
VI. PUBLIC HEARING ITEMS CONTINUED.
A. Disposition of Cases continued:
Case No. 13-119 Code Officer Sterling testified service was via posting of Notice of Violation/Notice of Hearing on the property. Mr. Sterling said
Robert Smith, Jr. 500 NW 15t' Street the property was in foreclosure and no one is mowing the property. Therefore, Notice of Violation/Notice of Hearing was also
Ch 30 Sec 30-43 Public nuisance sent by certified mail to the NationStar Mortgage, but nothing has been done to clean the property
Ch 30 Sec 30-44 General cleaning & beautification
Member Conrad moved to find Case No.13.119, Robert Smith, Jr., 500 NW 151 Street, In violation of Ch 30 Sec 30.43
Public nuisance and Ch 30 Sec 30-44 General cleaning & beautification, based on the testimony of Code Officer
Sterling, imposing a fine of twenty five dollars per day beginning fourteen days after receipt of proper notification;
seconded by Member Denisuk.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT SOAK - ABSENT MOTION CARRIED.
Case No.13-122 Attorney Cook addressed the Board stating Case 13-122 pertains to the City's sign ordinance. According to Attorney Cook, City
David Daniel, 111. 102 SE Park Street Planning Consultant, Bill Brisson, wrote a memo saying he felt the sign ordinance needed to be improved in regards to
Ch 90 Sec 90-563 Permit & Plan required temporary signs. Therefore, Attorney Cook is requesting the Code Board postpone Case 13-122 to allow time for the sign
ordinance to go before the Planning Board and City Council. In addition, this would allow time for the City staff to meet with
the property owner regarding his responsibilitiy as landlord to allocate allowable sign area and location to each tenant.
Member Closed moved to postpone Case No.13-122, David Daniel, 111, 102 SE Park Street until notified by staff that it
is to be put on agenda; seconded by Member Conrad.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT SOAK - ABSENT MOTION CARRIED.
728
MARCH 11, 2014 - CEB REGULAR MEETING - PAGE 4 OF 4
ADJOURNMENT - CHAIRPERSON GAMIOTEA. IB THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING
AT 6:50 P.M.
r�
Jamie Gamiotea, Chairperson
ATTEST:
Sue Christopher, Secretary
PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal
any decision made by the Code Enforcement Board with respect to any matter
considered at this meeting, he/she may need to insure that a verbatim record of the
proceeding is made, which record includes the testimony and evidence upon which
the appeal is to be based. Code Enforcement Board media is for the sole purpose
of backup for official records of the fire department.
Please be advised that if you intend to show any document, picture, video or items
to the Board in support or opposition to any item on the agenda; a copy of the
document, picture, video or item must be provided to the Board Secretary for the
City's record.
eNDEPENDENT
HEWS►PAPERS
OKEECHOBEE NEWS
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 SAV. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a._._: _ ._T_: L h _:.—_—_........_
in the matter of
in the 19th Judicial District of. the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
A.ffiant .further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, .for a
period of one year next preceding the .first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement_for publication in the said newspaper.
...... .... _...........
--- -- --
Tom Byrd
Sworn to and subscribed before me this
tf
day ofr` � __T�..._`�/..1 .__ . _ AD
Notary Public, State of Florida at Large
(863) 763-3134
CITY CODE ENFORCEMENT BOARD MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforce-
ment Board will be meeting on Tuesday, March 11 2014 at 6,30 p.m. or
as soon thereafter, City Hall, 55 SE 3rd Ave, Rm 29, Okeechobee, Florida.
Please contact Sue Christopher, 863-763-4423, or webslte
www ciNofok erhobee com to obtain a copy of the agenda. The public is
invited and encouraged to attend.
ANY PERSON DECIDING TO APPEAL any decision made by the Cade En-
forcement Board with respect to any matter considered at this meeting will
need to ensure a verbatim recordof [he proceeding is made and the record
includes the testimony and evidence upon which the appeal will be based.
In accordance with the Americans with Disabilities Act ( any person
with a disability as defined by the ADA, that needs special al accommodation
accommodation
to participate in this proceeding, contact the Fire Departrnent no later than
two business days prior to proceeding 863-763�423.
BE ADVISED that should you intend to show any document, picture, video
or items to the Board insupportor opposition to any item on the agenda; a
copy of the document, pkture, video, or item must be provided to the
Board Secretary for the Cdv's records.
ON
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; MY COMMISSION EE 177653
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% pF Bonded Thru Notary Public Underwiters
CITY OF OKEECHOBEE
MARCH 119 2014 REGULAR CODE ENFORCEMENT BOARD MEETING
SUMMARY OF BOARD ACTION
I. CALL TO ORDER - Chairperson;
March 11, 2014 Regular Meeting, City Hall, 55 SE 3'ti Avenue,
Okeechobee, FL
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Jamie Gamiotea
Board Member Melissa Close
Board Member Louise Conrad
Board Member Ted Denisuk
Board Member Jim Pippin
Board Member Rennae Sweda
Alternate Lynn Boak
Board Attorney John Cook
Fire Chief/Code Enforcement Officer Herb Smith
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher
PAGE I OF 4
BOARD ACTION - DISCUSSION - VOTE
Chairperson Gamiotea called the March 11, 2014, Regular Meeting to order at 6:30 p.m., in the City Council Chambers,
located at 55 Southeast 3' Avenue, Room 200, Okeechobee, Florida.
Pledge of Allegiance was led by Chairperson Gamiotea.
Present
Present
Present
Present
Present
Absent with consent
Absent with consent
Present
Absent
Present
Present
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Member Close moved to dispense with the reading and approve the Summary of Board Action for January 14, 2014; seconded
Summary of Board Action for the January 14, 2014 Regular by Member Denisuk. There was no discussion on this item.
Meeting.
VOTE
GAMIOTEA - YES CLOSE -YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT BOAK - ABSENT MOTION CARRIED.
MARCH 11, 2014 - CEB REGULAR MEETING - PAGE 2 OF 4
AGENDA
V. AGENDA - Chairperson.
BOARD ACTION - DISCUSSION - VOTE
A. Requests for the addition, deferral or withdrawal of items on III There were no requests for the addition, deferral or withdrawal of items on today's agenda.
today's agenda.
VI. PUBLIC HEARING ITEMS.
A. Disposition of Cases presented by Code Officer Sterling ; This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer
Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony,
photographs, and supporting documents were all entered as part of the official record.
Case No.13-093 Code Officer Sterling testified service was via Notice of Violation sent by certified mail and received by property owner and
Timothy Pethybridge. 207 SE 111 Avenue posting of Notice of Hearing on the property. Code Officer Sterling stated the property is overgrown and has a window that
Ch 30 Sec 30-43 Public nuisance needs to be boarded up. He added he has not had any contact with the owner.
Ch 30 Sec 30-44 General cleaning & beautification
Member Close moved to find Case 13-093, Timothy Pethybridge, 207 SE 111' Avenue in violation of Ch 30 Sec 30.43
Public nuisance and Sec 30.44 General cleaning, declaring the property to be a public nuisance based on the testimony
of Code Officer Sterling, recommending the City Administrator authorize mowing and boarding of windows with a lien
placed on property for the cost; seconded by Member Conrad.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT SOAK - ABSENT MOTION CARRIED.
MARCH 11, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4
BOARD ACTION - DISCUSSION -'
VI. PUBLIC HEARING ITEMS CONTINUED.
A. Disposition of Cases continued;
Case No.13-119 Code Officer Sterling testified service was via posting of Notice of Violation/Notice of Hearing on the property. Mr. Sterling said
Robert Smith, Jr. 500 NW 15`h Street the property was in foreclosure and no one is mowing the property. Therefore, Notice of Violation/Notice of Hearing was also
Ch 30 Sec 30-43 Public nuisance sent by certified mail to the NationStar Mortgage, but nothing has been done to clean the property
Ch 30 Sec 30-44 General cleaning & beautification
Member Conrad moved to find Case No.13.119, Robert Smith, Jr., 500 NW 150 Street, in violation of Ch 30 Sec 30.43
Public nuisance and Ch 30 Sec 30-44 General cleaning & beautification, based on the testimony of Code Officer
Sterling, imposing a fine of twenty five dollars per day beginning fourteen days after receipt of proper notification;
seconded by Member Denisuk.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT BOAK - ABSENT MOTION CARRIED.
Case No. 13-122 Attorney Cook addressed the Board stating Case 13-122 pertains to the City's sign ordinance. According to Attorney Cook, City
David Daniel, III. 102 SE Park Street Planning Consultant, Bill Brisson, wrote a memo saying he felt the sign ordinance needed to be improved in regards to
Ch 90 Sec 90-563 Permit & Plan required temporary signs. Therefore, Attorney Cook is requesting the Code Board postpone Case 13-122 to allow time for the sign
ordinance to go before the Planning Board and City Council. In addition, this would allow time for the City staff to meet with
the property owner regarding his responsibility as landlord to allocate allowable sign area and location to each tenant.
Member Closed moved to postpone Case No.13.122, David Daniel, Ill,102 SE Park Street until notified by staff that it
is to be put on agenda; seconded by Member Conrad.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES
PIPPIN - YES SWEDA - ABSENT BOAK - ABSENT MOTION CARRIED.
MARCH 11, 2014 - CEB REGULAR MEETING - PAGE 4 OF 4
AGENDA
ADJOURNMENT - CHAIRPERSON GAMIOTEA.
Jamie Gamiotea, Chairperson
ATTEST:
Sue Christopher, Secretary
PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal
any decision made by the Code Enforcement Board with respect to any matter
considered at this meeting, he/she may need to insure that a verbatim record of the
proceeding is made, which record includes the testimony and evidence upon which
the appeal is to be based. Code Enforcement Board media is for the sole purpose
of backup for official records of the fire department.
Please be advised that if you intend to show any document, picture, video or items
to the Board in support or opposition to any item on the agenda; a copy of the
document, picture, video or item must be provided to the Board Secretary for the
City's record.
ACTION - DISCUSSION - VOTE
THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING
AT 6:50 P.M.
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
MARCH 1112014 OFFICIAL AGENDA
I. CALL TO ORDER - Chairperson: March 11, 2014 Regular Meeting, 6:30 pm, City Hall, 55 SE 3r1 Avenue, Okeechobee, FL
II. PLEDGE OF ALLEGIANCE - Chairperson.
Ili. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Jamie Gamiotea ✓
Board Member Melissa Close ✓
Board Member Louise Conrad
Board Member Ted Denisuk✓
Board Member Jim Pippin ✓
Board Member Rennae Sweda
Alternate Member Lynn BoakA- w�G
Board Attorney John Cook ✓
Fire Chief/Code Enforcement Officer Herb Smith �}
Code Enforcement Officer Fred Sterling
Secretary Sue Christopher ✓
IV. MINUTES - Secretary.
A. Motion to dispense with reading and approve Summary of Board Action for January 14, 2014 Regular Meeting
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
�J.
PAGE 1 OF 2
PAGE 2 OF 2
VI. PUBLIC HEARING ITEMS.
A. Disposition of Cases presented by Code Officer Sterling:
Case No. Name & Address
13-093 Timothy Pethybridge
207 SE 11' Avenue
13-119 Robert Smith, Jr.
500 NW 15" Street
13-122 David Daniel, III
102 SE Park Street
VII. ADJOURN MEETING - Chairperson.
Violation
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-44 General cleaning & beautification
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-44 General cleaning & beautification
Ch 90 Sec 90-563 Permit and plan required
PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board
with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record
includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup
for official records of the Fire Department.
In accordance with Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA that needs special accommodation
to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357-1971.
Please be advised if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda;
a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record.
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CODE ENFORCEMENT BOARD
March 11, 2014
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Case No.
12-128
13-016
13-085
13-098
13-118
Name
Fine
Started
Filed
90 Days
Marguerite D'onofrio
$25/day
7/16/1:1
8/27/13
11/25/13
400 SE 10te Avenue
Holy Ghost Church
$25/day
5/31/13
7/05/13
10/03/13
1018 NW 5 h Avenue
Ben Smith
$25/day
11/20/13
12/9/13
3/09/14
cio Lula Worthen
920 NW 12" Street &
900 B& 13`h Street
Janet Estrella
$50/day
2/26/14
3/06/14
6/03/14
919 NW 101' Street
Wells Fargo Bank NA
$15/day
2/07/14
3/06/14
6/03/14
908 NE 511 Street
Code Board Action
6/11/13 - Imposed fine on 7/16/13 for public nuisance (house)
5/14/13 - Imposed fine on 5/31/13 for general cleaning/public nuisance
10/8/13 - Imposed fine on 11/20/13 for general cleaning/public nuisance
1/14/14 - Imposed fine on 2/26/14 for general cleaning/public nuisance
1/14/14 - Imposed fine on 2/7/14 for general cleaning/public nuisance
* Distributed at meeting for informational purposes only
wlax-ch 11, a.o LL+
City of Okeechobee
Code Board Meeting
March 11th, 2014
Case #13-093
Timothy Pethybridge
207 SE 11t" Avenue
CH 30 Sec 30-43 Public Nuisance
CH 30-44 General Cleaning &Beautification
07/26/2013 — Sent Courtesy Card.
08/28/2013 — Sent Notice of Violation.
09/13/2013 — Notice of Violation received, signed for by Tim Pethybridge.
01/23/2014 — Sent Notice to Appear.
02/21/2014 - Sent second Notice to Appear (February Code Board Meeting canceled)
02/27/2014 — Posted property with Notice to Appear.
Case # 13-119
Robert Smith, Jr.
500 NW 15th Street
CH 30 Sec.30-43 Public Nuisance
CH 30 Sec.30-44 General Cleaning &Beautification
10/15/2013 — Sent Courtesy Card.
12/04/2013 — Sent Notice of Violation to Mr. Smith & Nationstar Mortgage LLC @ Albertelli Law LLC.
12/09/2013 — Notice of Violation to Mr. Smith returned, Vacant.
12/10/2013 — Notice of Violation received by Albertelli Law LLC, signed for by C. Jordan.
01/23/2014 — Sent Notice to Appear to Albertelli Law LLC.
01/27/2014 — Notice to Appear received @ Albertelli Law LLC, signed for by C. Jordan.
02/21/2014 — Sent second Notice to Appear (February Code Board Meeting Canceled).
02/25/2014 —Notice to appear received @ Albertelli Law LLC, signed for by C. Jordan
Case #13-122
David R. Daniels III
102 SE Park Street
CH 90 Sec 90-563 Permit & Plan Required
10/28/2013 — Sent Courtesy Letter.
12/11/2013 — Sent Notice of Violation.
12/12/2013 — Notice of Violation received, signed for by Audrey Kuipers.
02/25/2014 — Sent Notice to Appear.
03/03/2014 — Posted Property with Notice to Appear.
03/04/2014 —Spoke to Mr. Daniels, explained the violation and suggested he speak to Building Official
Jeff Newell.
03/08/2014 — Notice to Appear received, signed for by D.R. Daniels.
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