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2014-09-09CITY OF OKEECHOBEE SEPTEMBER 9, 2014 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 AGENDA III BOARD ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Chairperson: Chairperson Gamiotea called the September 9, 2014, Regular Meeting to order at 6:30 p.m., in the City Council Chambers, September 9, 2014 Regular Meeting, City Hall, 55 SE 3' Avenue, located at 55 Southeast V Avenue, Room 200, Okeechobee, Florida. Okeechobee, FL III 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. Pledge of Allegiance was led by Chairperson Gamiotea. Present Present Absent with consent (Alternate Lynn Boak filled the seat for Member Conrad) Present Absent with consent Absent with consent Present Present Present Present Present 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 July 8, 2014; seconded by Summary of Board Action for the July 8, 2014 Regular Member Denisuk . There was no discussion on this item. Meeting. 11 VOTE GAMIOTEA - YES CLOSE -YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT SOAK - YES MOTION CARRIED. SEPTEMBER 9, 2014 - CEB REGULAR MEETING - PAGE 2 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Chairperson. 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. 11-055 Property owner Randall Weigum addressed the board stating he was unaware of the lien against his property until he tried to Randall & Cynthia Weigum. 1306 SE 12`h Drive. refinance his home. He told the Code Board Nationwide Pools was his contractor, and he trusted them in good faith to get the Request for a release or reduction of lien (Total = $850) proper permits. However, since that time Nationwide Pools had their license taken away by the State and he believes his signature was forged on one of the documents. In conclusion, Mr. Weigum said he felt there were some discrepancies in the date when he thought the property was in compliance, but he would pay whatever he needed to pay to resolve this issue. Code Officer Sterling testified Cynthia Weigum signed for the Notice of Violation/Notice of Hearing and the Board Order/Lien. Therefore, the requirement for proper notification of the property owner was achieved. He added, the property was not put in compliance until it passed the final inspection on September 27, 2011. Therefore, the fine of twenty-five dollars per day accrued from August 25, 2011 until September 27, 2011, totaling eight hundred fifty dollars ($850.00). Member Close moved Case No.11.055, Randall & Cynthia Weigum, 1306SE 12'Drive, be given a fifty percent reduction of lien from eight hundred fifty dollars ($850.00) to four hundred twenty-five dollars ($425.00), based on the testimonies of property owner, Randall Weigum and Code Officer Sterling; seconded by Member Boak . VOTE GAMIOTEA - YES CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT SOAK - YES MOTION CARRIED. SEPTEMBER 9, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA VI. PUBLIC HEARING ITEMS CONTINUED. A. Disposition of Cases continued: BOARD ACTION - DISCUSSION - VOTE Case No. 09-063 Mr. Brian Kelley addressed the board stating he had purchased the property at a tax certificate sale in December of 2013. Since David & Kimberly Black. 609 SE 111' Avenue that time he has been maintaining the property. He now has someone who wants to buy the property and put a house on it. Request for release or reduction of lien (Total = $825) Therefore, he is requesting a reduction or release of lien so he can sell the property. Code Officer Sterling testified the property was in violation from September 23, 2009 until October 25, 2009 at twenty-five dollars per day for a total of eight hundred twenty-five dollars ($825.00). Member Close moved Case No.09.063, David & Kimberly Black, 609 SE I V' Avenue, be given a reduction of lien, based on the testimonies of Brian Kelley (new owner) and Code Officer Sterling, from eight hundred twenty-five dollars ($825.00) to one hundred dollars ($100.00) to cover the City's administrative fees; seconded by Member Denisuk . VOTE GAMIOTEA - YES CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT BOAK - YES MOTION CARRIED. Case No. 12-011 This property was also purchased by Brian Kelley at a tax certificate sale and he has been maintaining it since he purchased David & Kimberly Black. 1009 SE 7t' Street it in December 2013. Code Officer Sterling testified a fine of fifty dollars per day ran from April 24, 2012 until May 23, 2013. In Request for release or reduction of lien (Total = $19,700) addition, there is a claim of lien for mowing that was done by public works from May 23, 2013 until October 18, 2013 totaling six hundred seventeen dollars ($617.00). Member Close moved Case No.12.011, David & Kimberly Black,1009 SE r Street, based on the testimonies of Brian Kelley (new owner) and Code Officer Sterling, to have the lien reduced to Six hundred seventeen dollars ($617.00) to cover the City's cost for mowing and maintaining the property; seconded by Member Denisuk. VOTE GAMIOTEA - YES CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT BOAK - YES MOTION CARRIED. SEPTEMBER 9, 2014 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION - DISCUSSION - VOTE Case No. 14-042 Code Officer Sterling testified certified mail was returned, therefore Notice of Violation/Notice of Hearing was posted on property. Mark Moore. 1005 SW 3' Street Notice was also sent by certified mail and received by Morequity, Inc., c/o Marales Law Group, PA. Code Officer Sterling said Ch 30 Sec 30-43 Public nuisances the property has grass that is very overgrown and needs general cleaning. Ch 30 Sec 30-44 General cleaning & beautification Member Close moved to find Case No.09.063, Mark Moore,1005 SW 31 Street, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30.44 General cleaning, based on the testimony of Code OfficerSterling imposing a fine of ten dollars per day beginning five days from proper notification; seconded by Member Boak. VOTE GAMIOTEA - YES CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT BOAK - YES MOTION CARRIED. ADJOURNMENT - CHAIRPERSON GAMIOTEA. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:30 P.M. 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. W Okeechobee News I.07 SW 17th Street, Suite D INDEPENDENT Okeechobee, Florida 34974 NE"W"WISMEDIA 863-763-31.34 S'f'ATF., OF FI,ORI DA COUNTY OF OK :I:Cf 1OBI F Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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, in the matter of in the I9th Judicial District of the Circuit Court of Okeechobee County; _Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee. News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County) Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm o1- corporation any discount, rebate, commission or refound for the purpose of securing this advertisement /'or publication in the said newspaper. Katrina Elsken Sworn to and ,Atbscribed befor me this �i day of_.-a�:C,(. C? AD Notary Public, State of Florida at Large ati Y eie- ANGIE BRIDGES ;:- MY COMMISSION # EE 177653 a•. :? EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the Gty off Ohkreoebe�b9, 2 34 at orce 6:30 ment Board will be meeting on Tuesday, D p.m. or as soon thereafter, Gty Hall, 56 SE 3rd Ave, Rm 200, Okeechobee, Florida. Please contact Sue Christopher, 863-357-1971, or websRe ciryofo- keechobee.com, to obtain a copy of the agenda. The public is invited and encouraged to attend. ANY PERSON DECIDING TO APPEAL any decision made fry the Code In Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the tesbrrwny and evidence upon which the appeal wlll be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaaI accommodation 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. 6Jamie amiot a, Code Board Chairperson 47103 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD SEPTEMBER 9, 2014 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: September 9, 2014 Regular Meeting, 6:30 pm, City Hall, 55 SE 3ro Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Board Member Melissa Close r A) Board Member Louise Conrad � 4co s Board Member Ted Denisuk ✓ Board Member Jim Pippin ft c,�s�f Board Member Rennae Sweda �L (cc �Zs c✓ Alternate Member Lynn Boak ✓ Board Attorney John Cook ✓ Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Secretary Sue Christopher✓ IV. MINUTES - Secretary. A. Motion to dispense with reading and approve Summary of Board Action for July 8, 2014 Regular Meeting V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 of 2 �� u��-E--'�. %1 iW� `�'/ ✓�-� t_, � �uC.�N.P' /Y1'l''YrI,C�•L ( l /��� T ,'�i(� ✓�e PAGE 2 OF 2 VI. PUBLIC HEARING ITEMS.1` A. Disposition of Cases presented by Code Officer Sterling. Case No. Name & Address Violation 11-055 Randall & Cynthia Weigum Request for a release or reduction of lien (Total=$850)��c a( ec�uit� 1306 SE 12' Drive `v(� c r uu r2 ci C sit fib E' �c � 09-063 David & Kimberly Black Brian Kelley (new owner) requests a release or - 609 SE 111h Avenue reduction of lien (Total=$825) 12-011 David & Kimberly Black Brian Kelley (new owner) requests a release or o��" �2,� 0-jvc HI- Nc �c� �� ! 1009 SE 7'� Street reduction of lien (Total=$19,700)7� `� � `' � 14-042 Mark Moore Ch 30 Sec 30-43 Public nuisance a, 1005 SW 3rd Street Ch 30 Sec 30-44 General cleaning & beautification 'm cl Y� LtitL�{ L c Vll. ADJOURN MEETING - Chairperson. R ec 101 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 77 ,u ^: ✓ ��` �2 < G�� a` 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 I �` C �v-��'�`-tit''` `�%'Ze.�,n,�'�t (��- 1r.,�-✓� +�J' , to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357 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 Citys record. — az gC & C art y% li.� �%�,(�1%_b2� (emu /Jry6t /q- �� C /,X,- � ,�t V lL AA, W S :i� E � l 64PJe to tr- q, ao � `f City of Okeechobee Code Board Meeting September 9, 2014 Case #14-042 Mark Moore 1005 SW 3rdStreet Ch.30,, Sec.30-43 Public Nuisance Ch.30,, Sec.30-44 General Cleaning & Beautification • 04/16/2014 — Sent Courtesy Card. • 05/29/2014 — Notice of Violation mailed to Mr. Moore and Attorney for Bank. • 06/05/2014 — Notice of Violation received by Attorney, signed by 0. Ortega. • 06/19/2014 - Notice of Violation to Mr. Moore returned, unclaimed. • 07/17/2014 — Posted property with Notice of Violation. • 08/15/2014 — Mailed Notice of Hearing to Attorney for Bank • 08/19/2014 — Notice of Hearing received by Attorney for Bank, signed for by 0. Ortega. • 08/28/2014 — Posted property with Notice to Appear. case Number Name Address 12-011 Black Total cost Incurred to date 1009 SE 7th Street $ 693.11 Date Man Hours Labor Cost Equipment Hours Equipment Description Equipment Rate Equipment Cost Totals 5/23/13 6 $ 217.44 3 Ford Tractor & Bush hog $ 16.00 $ 48.00 $ 265.44 5/23/13 $ - 3 Chain saw $ 1.75 $ 5.25 $ 5.25 5/23/13 $ - 3 Weed eater $ 1.50 $ 4.50 $ 4.50 6/12/13 1 $ 36.24 1 Ford Tractor & Bush hog $ 16.00 $ 16.00 $ 52.24 7/22/13 1 $ 36.24 1 Ford Tractor & Bush hog $ 16.00 $ 16.00 $ 52.24 9/5/13 1.5 $ 54.36 1.5 Ford Tractor & Bush hog $ 16.00 $ 24.00 $ 78.36 10/18/13 3 $ 108.72 3 Ford Tractor & Bush hog $ 16.00 $ 48.00 $ 156.72 3/31/14 1.5 $ 54.36 lay Ford Tra&,or a, Bush hog t $ 16.00 $ 24.00 ;. 78.36 $ - $ - $ - $ ' $ - $ " $ - $ - $ _ $ is 693.11 Equipment Rates (per hour) Chain Saw, 16" Bar $ 1.75 Pole Saw $ 1.60 Chipper $ 7.50 Backhoe 1CY $ 23.50 Truck, Dump $ 35.00 Truck, 1/2 Ton Pickup $ 14.00 F,X,tr1i b;+ 43 -59 Case No. 12-128 13-085 13-098 CODE ENFORCEMENT BOARD September 9, 2014 Name Fine Started Filed 90 Days Marguerite D'onofrio $25/day 7/16/13 8/27/13 11/25/13 400 SE 10`h Avenue Ben Smith $25/day 11/20/13 12/9/13 3/09/14 c/o Lula Worthen 920 NW 12`" Street & 900 Blk 1 P 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 6/10/14 - Recommended City Council proceed with foreclosure 7/15/14 - City Council approved proceeding with foreclosure