2014-10-14CITY OF OKEECHOBEE
OCTOBER 14, 2014 REGULAR CODE ENFORCEMENT BOARD MEETING
SUMMARY OF BOARD ACTION
PAGE 1 OF 4
AGENDA BOARD ACTION - DISCUSSION - VOTE
I. CALL TO ORDER - Chairperson: Chairperson Gamiotea called the October 14, 2014, Regular Meeting to order at 6:30 p.m., in the City Council Chambers,
October 14, 2014 Regular Meeting, City Hall, 55 SE 3`d Avenue, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida.
Okeechobee, FL 11
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 September 9, 2014
Regular Meeting.
Pledge of Allegiance was led by Chairperson Gamiotea.
Present
Present
Present
Absent with consent
Absent with consent
Present
Absent with consent
Present
Absent
Present
Present
Member Close moved to dispense with the reading and approve the Summary of Board Action for September 9, 2014; seconded
by Member Sweda. There was no discussion on this item.
VOTE
GAMIOTEA - YES CLOSE -YES CONRAD - YES DENISUK - ABSENT
PIPPIN - ABSENT SWEDA - YES SOAK - ABSENT MOTION CARRIED.
OCTOBER 14, 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 Code Officer Sterling requested the withdrawal of Case No. 14-060 from today's agenda due to compliance.
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. 13-085 Lula Smith Worthen, daughter of Ben Smith who is deceased, addressed the Board stating she wished to claim a medical
Ben Smith/Lula Worthen. 920 NW 12t' Street & 900 Blk NW 131' Street hardship due to having to care for her father and her own medical issues. She asked for Board to reduce or release the lien
Request for lien reduction (Total = $7,400) of $7,400.00. In addition, she has signed a contract with George Corona's lawn service to maintain the property. Code Officer
11 testified he had spoken with Mr. Corona and he verified his contract with Ms. Worthen.
Member Close moved Case No.13.085,Ben Smith/Lula Worthen, 920 NW 1P Street & 900 Blk NW 1r Street, based on
the testimonies of Ms. Worthen and Code Officer Sterling, be given a reduction of lien from $7,400.00 to the reduced
amount of $50.00 to cover administrative fees; seconded by Member Conrad.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - ABSENT
PIPPIN - ABSENT SWEDA - YES SOAK - ABSENT MOTION CARRIED.
OCTOBER 14, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4
11 AGENDA III BOARD ACTION - DISCUSSION - VOTE II
PUBLIC HEARING ITEMS CONTINUED.
A. Disposition of Cases continued;
Case No. 14-057 Code Officer Sterling testified Notice of Violation sent by certified mail was returned. Therefore, service was via posting Notice
Billy & Shawna McCullers. 1106 SE 4' Street of Violation/Notice of Hearing on property at 1106 SE 4th Street. Since the property is in the process of foreclosure, Bayview
Ch 30 Sec 30-43 Public nuisance Loan Servicing (mortgage holder) was also notified by certified mail of the violations. However, as of today nothing has been
Ch 30 Sec 30-44 General cleaning & beautification done to mow or clean the property.
Member Close moved to find Case No.14.057, Billy & Shawna McCullers,1106 SE 4th Street, 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 ten dollars per day beginning five (5) days after receipt of proper notification; seconded
by Member Conrad.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - ABSENT
PIPPIN - ABSENT SWEDA - YES BOAK - ABSENT MOTION CARRIED.
Case No. 14-061 Code Officer Sterling testified Notice of Violation sent by certified mail was returned. Therefore, service was via posting Notice
Trey & Loralie Bennett. 704 SW 6th Street of Violation/Notice of Hearing on property at 704 SW 61h Street. According to Code Officer Sterling the front section of the
Ch 30 Sec 30-43 Public nuisance property was mowed, but the fenced area in the back is very overgrown. Mr. Sterling stated he had spoken with Loralie Bennett
Ch 30 Sec 30-44 General cleaning & beautification on the phone this morning to let her know the back still needed to be mowed and cleaned. Ms. Bennett said she would send
a key to the gate so the lawn maintenance company could clean the back. In addition, she said will be signing a lawn
maintenance contract with Tom McCoin to keep the property maintained.
Member Conrad moved to find Case No.14-061,Trey & Loralie Bennett, 704 SW W Street, 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 ten dollars per day beginning fifteen (15) days after receipt of proper notification; seconded by
Member Close.
VOTE
GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - ABSENT
PIPPIN - ABSENT SWEDA - YES SOAK - ABSENT MOTION CARRIED.
OCTOBER 14, 2014 - CEB REGULAR MEETING - PAGE 4 OF 4
AGENDA III BOARD ACTION - DISCUSSION - VOTE
ADJOURNMENT - CHAIRPERSON GAMIOTEA. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED
THE MEETING AT 7:00 P.M.
Jamie Gamiotea, Chairperson 11
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.
Okeechobee News
q7W M 107 SW 17th Street, Suite D
ANDEPENDENT Okeechobee, Florida 34974
NEWSMEDIA INC. USA 863-763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
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_��_;___g
in the matter of tr fi
in the 1.9th 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 or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina F_Isken
Sworn to andt�bscribed before me this I
G - `' day of _ �' I- _:� (-! / �� AD
Notary Public, State of Florida at Large
a�'OY ANGIE BRIDGES
MY COMMISSION # EE 177653
;'•, o,= EXPIRES: April 20, 2016
%? of Bonded Thm Notary Pubk Underwriters
CITY CODE ENFORCEMENT BOARD MEETING
NOTICE I5 HEREBY GIVEN that the CTty of Okeechobee Code Enforce-
mt Board will be meeting on Tuesday, OctoberY4, 2014 at 6:30 pp.m.
as soon thereafter, City Hall, 55 SE-3rd Ave, Rm 200, Okeechobee, Flori-
. Please contact Sue Christopher, 663-357-1971, or website
yoPokeechobee,com, to oMain a copy of the agenda. The public is invited
d encouraged to attend.
ANY PERSON DECIDING TO APPEAL any decision made by the Code En -
cement Board with respect to any matter considered at this meeting will
ed to ensure a verbatim record of the proceeding is made and the record
ludes the testimony and evidence upon which the appeal will be based.
accordance with the Americans with Disabilities Act (ADA), any person
In a disability as defined by the ADA, that needs special accommodation
participate in this proceeding, contact the Fire Department no later than
o business days prior to proceeding 863-357-1971.
BE ADVISED that should you Intend to show any document, picture, video
Items to the Board in support or opposition to any item on the agenda; a
py of the document, picture, video, or item must be provided to the
and Secretary for the City's records.
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
OCTOBER 14, 2014 OFFICIAL AGENDA
I. CALL TO ORDER -Chairperson: October 14, 2014 Regular Meeting, 6:30 pm, City Hall, 55 SE 3r' Avenue, Okeechobee, FL
11. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Jamie Gamiotea�
Board Member Melissa Close f
Board Member Louise Conrad t
Board Member Ted Denisuk f r s�-
�t
Board Member Jim Pippin;
Board Member Rennae Sweda i
Alternate Member Lynn Boak � (,c ; Pri tt
Board Attorney John Cook
Fire Chief/Code Enforcement Officer Herb Smith A
Code Enforcement Officer Fred Sterling
Secretary Sue Christopher f,
IV. MINUTES - Secretary.
A. Motion to dispense with reading and approve Summary of Board Action for September 9, 2014 Regular Meeting.
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
PAGE 1 OF 2
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PAGE 2 OF 2
VI. PUBLIC HEARING ITEMS.
A. Disposition of Cases presented by Code Officer Sterling:
Case No. Name & Address
13-085 Ben Smith/Lula Worthen
920 NW 12" Street &
900 Blk NW 13' Street
14-057
-` -14-060
u
14-061
Billy & Shawna McCullers
1106 SE 41 Street
Tax Ease Florida Reo LLC
407 NE 9m Avenue
Trey & Loralie Bennett
704 SW 6tn Street
VII. ADJOURN MEETING - Chairperson.
Violation
Request for a release or reduction of lien (Total=$7,400)
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-44 General cleaning & beautification
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-44 General cleaning & beautification
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-44 General cleaning & beautification
PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board
with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record
includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup
for official records of the Fire Department.
In accordance with Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA that needs special accommodation
to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357-1971.
Please be advised if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda;
a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record.
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CODE ENFORCEMENT BOARD
CITY OF OKEECHOBEE
Case No.
REQUEST FOR REDUCTION OF PENALTY OR
EXTENSION OF COMPLIANCE DATE
INSTRUCTIONS: Please fill in both sides of this form completely. Be specific when writing your
statement. Please return this form to the Code Enforcement Department. The Petition will then be
presented to the Board at the next regularly scheduled meeting. If you are claiming medical or financial
hardship, attach supporting documentation (i.e., a doctor's statement or proof of income.) If you have
any questions, please call the Code Enforcement Officer, Fred Sterling, at (863) 357-1971. The Board
will consider requests for reduction of penalty or extension of compliance only one time for each case.
The Board's decision shall be its final action on the case. You may appear at the hearing to offer
testimony.
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Property Owner's Name: J , e, N / C to C), °f-6e.
Property Address:
Phone Number where you can be reached during the day: 4 1 q
Is the property now in compliance? "Yes No *The board will not consider a reduction of
If no, explain in detail: penalty if the property is not in compliance.
Are you requesting an extension of time to make repairs? Yes V' No
19
Date you called the Code Enforcement Department for reinspection: �/ / `t �t r a - +
Are you claiming financial hardship? Yes No
Are you claiming medical hardship? Yes No
If the property owner is unable to complete this form, list the name of the person who is authorized to
act for the property owner and their relationship: L oL Q 5 ,, i j'�, V3 U `" Ay-N,U C Vk � kI'le"�'
Page 1 of 2
I,� L• S t `. Lam-` C: r ' "'' do hereby submit this Petition in request for a
reduction in the total amount of penalty imposed or request for an extension of time to bring the property
into compliance, and in support offer the following statement:
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Date: Q-I� e ;D a 7 f �'{ Signed: __ 1 e �k �t � �, k°A �y �i4
Page 2 of 2
Case #14-057
Billy & Shawna McCullers
1106 SE Wh Street
Ch,30,, Sec.30-43 Public Nuisance
Ch.30,, Sec.30-44 General Cleaning & Beautification
• 06/02/2014 —Sent Courtesy Card.
• 06/10/2014 — Courtesy Card returned, not deliverable as addressed.
• 07/30/2014 —Notice of Violation mailed to Mr. McCullers & Bayview Loan Servicing LLC
• .07/31/2014 — Notice of Violation received by Bayview Loan Servicing LLC.
• 08/14/2014 — Notice of Violation for Mr. McCullers returned unclaimed.
• 09/25/2014 — Notice to Appear mailed to Mr. McCullers & Bayview Loan Servicing LLC.
• 09/26/2014 — Notice to Appear received by Bayview Loan Servicing LLC.
• 09/30/2014 — Posted property with Notice to Appear.
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Case 14-061
Trey & Loralie Bennett
704 SW 61hStreet
Ch. 30, Sec. 30-43 Public Nuisance
Ch. 30,, Sec. 30-44 General Cleaning & Beautification
• 05/29/2014 — Sent Courtesy Card to Property Owner.
• 08/07/2014 — Notice of Violation mailed.
• 09/02/2014 — Notice of Violation returned, Unclaimed.
• 09/04/2014 — Sent Courtesy Card to Attorney for TD Bank.
• 09/25/2014 — Notice to Appear mailed to Mr. & Mrs. Bennett & Attorney for TD Bank.
• 09/27/2014 — Notice to Appear received and signed for by Mrs. Bennett.
• 09/29/2014 — Notice to Appear received by Attorney for TD Band, signed for by Karen Loraine.
• 10/01/2014 — Posted property with Notice to Appear.
t7xh; 6if 01
Case No.
12-128
13-085
13-098
14-042
CODE ENFORCEMENT BOARD
October 14, 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`h Street &
900 Blk 13`h Street
Janet Estrella $50/day 2/26/14 3/06/14 6/03/14
919 NW 10`h Street
Mark Moore $10/day 10/06/14
1005 SW 3rd 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
9/12/14 - In compliance as of 9/12/14 - fine stopped
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
9/09/14 - Imposed fine on 10/6/14 for general cleaning/public nuisance