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2014-06-10AGENDA CITY OF OKEECHOBEE DUNE 10, 2014 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION BOARD ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Chairperson: June 10, 2014 Regular Meeting, City Hall, 55 SE 31 Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Rennae Sweda Alternate Lynn Boak Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES -Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 8, 2014 Regular Meeting. 732 PAGE 1 OF 4 Acting Chairperson Sweda called the June 10, 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 Acting Chairperson Sweda. Absent with consent (Member Sweda filled the seat for Chairperson Gamiotea) Absent with consent Absent with consent (Alternate Lynn Boak filled the seat for Member Conrad) Present Present Present Present Present Present Present Present Member Pippin moved to dispense with the reading and approve the Summary of Board Action for April 8, 2014; seconded by Member Denisuk. There was no discussion on this item. VOTE GAMIOTEA - ABSENT CLOSE -ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES BOAK - YES MOTION CARRIED. 733 JUNE 10, 2014 - CEB REGULAR MEETING - PAGE 2 OF 4 V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on There were no requests for the addition, deferral or withdrawal of items on today's agenda. today's agenda. 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. 14-035 Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property Alumni Partners II LLC. 206 SW 9" Avenue owner. He stated the property was heavily overgrown and this is a repeat violation. Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 30-44 General cleaning & beautification Member Pippin moved to find Case No.14.035, Alumni Partners II LLC, 206 SW 91 Avenue, in violation of Ch 30 Sec 30- 43 Public nuisance and Sec 30-44 General cleaning & beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning fourteen days after receipt of proper notification; seconded by Member Denisuk. VOTE GAMIOTEA - ABSENT CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. 734 JUNE 10, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA BOARD ACTION - DISCUSSION VOTE VI. PUBLIC HEARING ITEMS CONTINUED. A. Disposition of Cases continued: Case No.13-085 Ben Smith. 920 NW 12" Street & 900 Blk NW 13`h Street Fine has accrued over ninety days. Consider Recommending foreclosure. Case No.13-098 Janet Estrella. 919 NW 10" Street Fine has accrued over ninety days. Consider recommending foreclosure. Code Officer Sterling testified property at 920 NW 121 Street & 900 Blk NW 1r Street has not been mowed and the fine is I continuing to accrue daily. Member Denisuk moved Case No.13.085, Ben Smith, 920 NW 121 Street & 900 Blk NW 3th Street, be given a thirty day extension to bring the property into compliance and afterthirty days recommend City Council proceed with foreclosure if not in compliance; seconded by Member Pippin. VOTE GAMIOTEA - ABSENT CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. Code Officer Sterling testified according to a letter written by the building inspector, Jeffery Newell, this property has a structure which is in the process of structural failure and could collapse. In the opinion of Mr. Newell it is not safe for human habitation. Member Denisuk moved Case No. 13.098, Janet Estrella, 919 NW 10n' Street, be recommended for City Council to proceed with foreclosure based on the testimonies of Code Officer Sterling and Building Official, Jeffery Newell, the property has a structure which is a safety hazard and needs to be demolished; seconded by Member Boak. VOTE GAMIOTEA - ABSENT CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES BOAK - YES MOTION CARRIED. 735 JUNE 10, 2014 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION - DISCUSSION- VOTE ADJOURNMENT -AC CHAIRPERSON SWEDA. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, ACTING CHAIRPERSON SWEDA ADJOURNED THE MEETING AT 6:50 P.M. Rennae Sweda, Acting 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. NDEPENDEINT' _ _ ®NE W SPAPERS OIiEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECH.OBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of i' in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ' f Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail rnatter 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 forpublicationin the said newspaper. `Ton? Byrd Sworn to and subscribed before me this F day of AD Notary Public, State of Florida at Large .`CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code En- forcement Board will be meeting on Tuesdaqq, June 10, 2014 at 6:30, , tm. or as soon thereafter, City Hall, 55 BE 3rd Ave, Rm 200,. Okeecho- e, Florida. Please contact Sue Christopher, 863-357-1971, or website citvofokeec5obee com, to obtain a copy of the agenda. The public is invit-1 ed and encouraged to attend. ANY PERSON DECIDING TO APPEAL any decision made by the Code En- forcement Board with respect to any matter considered at this meeting wa need to ensure a verbatim record of the 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 (ADA), and person with a disability as defined by the ADA, that needs special accom- modation to participate in this proceeding, contact the Fire Department no later than two business days prior to proceeding, 863-357-1971. BE ADVISED that should 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 records. - by: Jamie Gamiotea, Code Board Chairperson ti Y f ANGIE BRIDGES ;. MY COMMISSION k EE 177653 • .g EXPIRES: April 20, 2016 ad •Fyn Bonded Thru Notary Public Underwriters# CITY OF OKEECHOBEE DUNE 10, 2014 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION F-Lrl4,m CALL TO ORDER - Chairperson: June 10, 2014 Regular Meeting, City Hall, 55 SE 31 Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Rennae Sweda Alternate Lynn Boak Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 8, 2014 Regular Meeting. PAGE 1 OF 4 BOARD ACTION - DISCUSSION - VOTE Acting Chairperson Sweda called the June 10, 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 Acting Chairperson Sweda. Absent with consent (Member Sweda filled the seat for Chairperson Gamiotea) Absent with consent Absent with consent (Alternate Lynn Boak filled the seat for Member Conrad) Present Present Present Present Present Present Present Present Member Pippin moved to dispense with the reading and approve the Summary of Board Action for April 8, 2014; seconded by Member Denisuk. There was no discussion on this item. VOTE GAMIOTEA - ABSENT CLOSE -ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. .TUNE 10, 2014 - CEB REGULAR MEETING - PAGE 2 OF 4 L AGENDA III BOARD ACTION - DISCUSSION - VOTE II V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on �I 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 Case No. 14-035 Alumni Partners 11 LLC, 206 SW 9" Avenue Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 30-44 General cleaning & beautification 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. Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property owner. He stated the property was heavily overgrown and this is a repeat violation. Member Pippin moved to find Case No.14.035, Alumni Partners II LLC, 206 SW Wh Avenue, in violation of Ch 30 Sec 30- 43 Public nuisance and Sec 30.44 General cleaning & beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning fourteen days after receipt of proper notification; seconded by Member Denisuk. VOTE GAMIOTEA - ABSENT CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. JUNE 10, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE II VI. PUBLIC HEARING ITEMS CONTINUED. A. Disposition of Cases continued: Case No.13-085 Code Officer Sterling testified property at 920 NW 121 Street & 900 Blk NW 1311 Street has not been mowed and the fine is Ben Smith. 920 NW 1211 Street & 900 Blk NW 13'h Street continuing to accrue daily. Fine has accrued over ninety days. Consider Recommending foreclosure. Member Denisuk moved Case No.13-085, Ben Smith, 920 NW 12"' Street & 900 Blk NW 3th Street, be given a thirty day extension to bring the property into compliance and afterthirty days recommend City Council proceed with foreclosure if not in compliance; seconded by Member Pippin. VOTE GAMIOTEA - ABSENT CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. Case No. 13-098 Code Officer Sterling testified according to a letter written by the building inspector, Jeffery Newell, this property has a structure Janet Estrella. 919 NW 10' Street which is in the process of structural failure and could collapse. In the opinion of Mr. Newell it is not safe for human habitation. Fine has accrued over ninety days. Consider recommending foreclosure. Member Denisuk moved Case No. 13.098, Janet Estrella, 919 NW 10' Street, be recommended for City Council to proceed with foreclosure based on the testimonies of Code Officer Sterling and Building Official, Jeffery Newell, the property has a structure which is a safety hazard and needs to be demolished; seconded by Member Boak. VOTE GAMIOTEA - ABSENT CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES BOAK - YES MOTION CARRIED. JUNE 10, 2014 - CEB REGULAR MEETING - PAGE 4 of 4 AGENDA ADJOURNMENT - ACTING CHAIRPERSON SWEDA. Rennae Sweda, Acting 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. BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, ACTING CHAIRPERSON SWEDA ADJOURNED THE MEETING AT 6:50 P.M. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD JUNE 10, 2014 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: June 10, 2014 Regular Meeting, 6:30 pm, City Hall, 55 SE 3rd Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE -Secretary. f� Chairperson Jamie Gamiotea Board Member Melissa Close f%- w 16L n<s n Board Member Louise Conrad f} cx)/(-, 6 Board Member Ted Denisuk ✓ Board Member Jim Pippin ✓ Board Member Rennae Sweda.✓ Alternate Member Lynn Boak ✓ Board Attorney John Cook✓ Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling ✓ Secretary Sue Christopher IV. MINUTES - Secretary. R o � ;i I U 4 41- (L sk-c-4 i� r- C, () (-oA) A. Motion to dispense with reading and approve Summary of Board Action for April 8, 2014 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Noce, PAGE 1 OF 2 PAGE 2 of 2 M VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling; Case No. Name & Address 14-035 Alumni Partners II LLC 206 SW 9th Avenue 13-085 Ben Smith c/o Lula Worthen 920 NW 121h Street & 900 Blk NW 13" Street 13-098 Janet Estrella 919 NW 10th Street ADJOURN MEETING - Chairperson. Violation Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Fine has accrued over ninety days. Consider recommending foreclosure. Fine has accrued over ninety days, Consider recommending foreclosure. 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. T LjZ/,y c C� C'c_, we ` ILI � pv-,/ �- /n Ex h;&+ 4U -fwrte. ! 01 a01 �- Case No. 12-128 13-085 13-098 CODE ENFORCEMENT BOARD June 10, 2014 Name Fine Started Filed 90 Days Marguerite D'onofrio $25/day 7/16/13 8/27/13 11/25/13 400 SE 10"' Avenue Ben Smith $25/day 11/20/13 12/9/13 3/09/14 c/o Lula Worthen 920 NW 12`h Street & 900 Blk 1311 Street Janet Estrella $50/day 2/26/14 3/06/14 6/03/14 919 NW 10`' Street * Distributed at meeting for informational purposes only. Code Board Action 6/11/13 - Imposed fine on 7/16/13 for public nuisance (house) 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 ExhrbI+ qtq, ,I -LA ne to, aQ i chi City of Okeechobee Code Board Meeting June 10, 2014 Case 14-035 Alumni Partners II LLC 206SW91h Avenue Ch,30,, Sec. 30-43 Public Nuisance Ch.30,,sec, 30-44 General Cleaning & Beautification • 03/18/2014 — Sent Courtesy Card. • 05/05/2014 — Mailed Notice of Violation. • 05/07/2014 — Notice of Violation received, signed for by J. Perri. • 05/21/2014 — Mailed Notice to Appear. • 05/23/2014 — Notice to Appear received, signed for by J. Perri. Case #13=085 Ben Smith • 09/30/201-4 — Posted property with Notice to Appear. • 10/08/2013 — Board imposed fine of $25.00 a day starting on November 20, 2013. • 11/20/2013 — Fine of $25.00 a day started. • 12/10/2013 — Sent letter informing Ms. Worthen that if the fine ran for 90 days, the City could file foreclosure action on the property. • 01/14/2014 — Letter returned. • 01/17/2014 — Spoke to Ms. Worthen, she stated that she could do nothing about correcting the problem. • 05/21/2014 — Sent letter informing Ms. Worthen that the fine had run for more than 90 days. • 05/22/2014 — Letter received, signed for by Ms. Worthen. 0 06/10/2014 — Accumulated fine as of this date is $5,075.00 Case #13-098 Janet Estrella 911 NW10thStreet Ch.30., Sec.30-43 Public Nuisance Ch,30,, Sec.30-44 General Cleaning & Beautification • 01/14/2014 — Board imposed a $50.00 a day 02/26/2014. • 02/26/2014 — Fine of $50.00 a day started. • 06/10/2014 — Accumulated fine as of this date $5250.00 CITY OF OKEECHOBEE BUILDING DEPARTMENT 55 SE THIRD A VENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 jnewell@cityofokeechobee. com June 10, 2014 Reference: Ms. Janet L Estrella 842 Parris Island Gateway Beaufort, SC 29906-6927 Property: 919 NW 10`h Street Code Enforcement Officer Fred Sterling: The condition of the structure located at 919 NW 10t' Street is in the process of structural failure and therefore is not safe for human habitation. It is evident from the separation of the concrete masonry units from the footer thru the bond beam that a failure has taken place with the foundation footer and supporting earth. The primary failure is visibly seen on the north elevation where the separation of the masonry units is greater than one inch and the separation is completely through the structural wall. The interior floor (slab) in the living room is out of level and sloping towards the failed footer located in the north elevation. In my opinion, the cause of the failure is due to the supporting earth collapsing underneath the structural foundation. The remediation to correct the current conditions of the structure would require the total demolition of the structure. The earth located below the foundation would have to be analyzed by an engineer to determine the cause of the failure of the supporting earth. Once this is determined, the engineer would be able to recommend the correctives actions needed to rebuild on the site. lly, ry C ewell, CBO of O echobee, Florida