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2014-12-09CITY OF OKEECHOBEE DECEMBER 9, 2014 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 it .e .. ..... a AGENDA. �� _ . BOARD ACTION - DISCUSSION - VOTE II CALL TO ORDER - Board Attorney: December 9, 2014 Regular Meeting, City Hall, 55 SE 3' Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Board Attorney. IU, 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 Attorney Cook called the December 9, 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. Attorney Cook stated Member Sweda would be the Acting Chairperson due to the absence of Chairperson Gamiotea. Pledge of Allegiance was led by Attorney Cook. Absent with consent (Member Sweda filled the seat for Chairperson Gamiotea) Present Absent with consent Present Present Present Present 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 October 14, 2014; seconded Summary of Board Action for the October 14, 2014 Regular by Member Sweda . There was no discussion on this item. Meeting. VOTE GAMIOTEA - ABSENT CLOSE • YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. DECEMBER 9, 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 Code Enforcement Officer Sterling requested the withdrawal of Case 14-069, Leonard Summa, due to lack of proper notification today's agenda. III and the deferral of Case 14-072, Charles Kapteina, until the next regular meeting. 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. 14-060 Tax Ease Florida Reo LLC. 407 NE 9th Avenue Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 30-44 General cleaning & beautification 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 at 407 NE 9th Avenue is vacant and has not been maintained for several years. Attorney Cook advised the Board this property has a lien from the previous owner of $53, 225.00 and foreclosure was approved but foreclosure action was not taken. He said since Tax Ease Florida has now purchased the property a new lien will need to be filed before we can proceed with foreclosure. Member Close moved to find Case No.14.060, Tax Ease Florida Reo LLC, 407 NE 9t" 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 five days after receipt of proper notification; seconded by Member Denisuk. VOTE GAMIOTEA - ABSENT CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES SOAK - YES MOTION CARRIED. DECEMBER 9, 2014 -CEB REGULAR MEETING - PAGE 3 OF 4 VI. AGENDA II) BOARD ACTION - DISCUSSION - VOTE PUBLIC HEARING ITEMS CONTINUED. A. Disposition of Cases continued: Case No. 14-071 Code Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by Alumni Partners II LLC. 206 SW 9th Avenue property owner. Code Officer stated property is very overgrown and he has received complaints from neighbors. Officer Ch 30 Sec 30-43 Public nuisance Sterling added Alumni Partners II LLC is a repeat violator for public nuisance and general cleaning at 206 SW 9th Avenue. Ch 30 Sec 30-44 General cleaning & beautification Member Close moved to find Case No.14.071, Alumni Partners II LLC, 206 SW 9tn Avenue, to be a repeat violator 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 sixty dollars per day beginning five days after receipt of proper notification; seconded by Member Denisuk. VOTE GAMIOTEA - ABSENT CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES BOAK - YES MOTION CARRIED. Case No. 14-073 Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property Nationstar Mortgage LLC. 1002 NW 211 Street. owner. He stated the property owner was maintaining it until a few months ago and is now overgrown and needs cleaning. Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 30-44 General cleaning & beautification Member Close moved to find Case No.14.073, Nationstar Mortgage LLC,1002 NW 2"d 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 twentyfive dollars per day beginning five days after receipt of proper notification; seconded by Member Denisuk. VOTE GAMIOTEA - ABSENT CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - YES SWEDA - YES BOAK - YES MOTION CARRIED. DECEMBER 9, 2014 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA III BOARD ACTION - DISCUSSION - VOTE ADJOURNMENT - ACTING 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 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. a Okeechobee News 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 863-763-3134 NEWSMEDIA INC. USA 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 A),r J ' in the matter of r I'l, -k— 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 Elsken Sworn to and subscribed befor me this J day of�AD a e of Florida t L Notary Public., St � at � � , • �� ANGIE BRIDGES _.. .: MY COMMISSION i EE 177653 •? EXPIRES: Apol 20, 2016 % p�� Banded Thm"Pubk Unde writers CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the Diecember 9, 'eep.m. men, Board will be meeting on Tuesday, lori- daas soon "ere- Sue Christopher, 863k-113357-197R or we6lbeechobee, a. Please ca gt�m,, to obtain a copy of the agenda. The public is invited and encouraged to attend. ANY PERSON will DECIDING TO APPEyAL any derision made by the Code En at is meeb need to t::, a verbabmrecordaof the proceedier n%is m d Iand the record Includes the tesdmony and evidence upon whlch the appeal will be based. IIn accordance with bre Americans wRh Disabfllbes Act S"II aADAccommopdaUon wltha disability as defied by the ADA, that needs spec m nartirinate In this proceeding, contact the Flre Department no later than BE AD items iov of for show any aoa ;Idon to any it or Item must CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD DECEMBER 9, 2014 OFFICIAL AGENDA CALL TO ORDER- Chairperson: December 9, 2014 Regular Meeting, 6:30 pm, City Hall, 55 SE V Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea q 1 ,,4 -t w /Czn,� Board Member Melissa Close ✓ Board Member Louise Conrad 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 fib; Code Enforcement Officer Fred Sterling Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with reading and approve Summary of Board Action for October 14, 2014 Regular Meeting V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 y;�'y✓',t�.t. � ! �a-e. �'r,..i�1;�� ' Q� .�v/„tom-�=�'�� v VI. VII. PAGE 20F2 PUBLIC HEARING ITEMS. l'f —C kci CL �= A. Disposition of Cases presented by Code Officer Sterling: , C % �4 �'.z&" C -- 6,4 � �l Case No. Name &Address Violation 14-060 Tax Ease Florida Reo LLC Ch 30 Sec 30-43 Public nuisance 407 NE 91h Avenue Ch 30 Sec 30-44 General cleaning & beautification `�� %� '� vrLotccd (/o (Property has liens totaling $53,225.00 from previous owners Ct Kurt & Jacqueline Keplinger-foreclosure approved on 11/13/12) lL _ 9`d' P/�,, 14 069 Leonard Summa Ch 30 Sec 30-43 Public nuisance 2i,t�"�� 301 SE 81h Drive Ch 30 Sec 30-44 General cleaning & beautification --- r — -- (A co L Ei2C L, 14-071 Alumni Partners II LLC Ch 30 Sec 30-43 Public nuisance a 206 SW 9th AvenueY�� Ch 30 Sec 30-44 General cleaning & beautification 14-072 Charles Kapteina �� Ch 30 Sec 30-43 Public nuisance i (J � t 1 � � ` ' ` � ,Ll 303 SW 10th Avenue Ch 30 Sec 30-44 General cleaning & beautification 7 14-073 Nationstar Mortgage LLC Ch 30 Sec 30-43 Public nuisance nd c ti 1002 NW 2 Street Ch 30 Sec 30-44 General cleaning &beautificationnZ,�� ADJOURN MEETING - Chairperson. 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. G-, /,n e x hi b;+ 0.1 17 UY-Mbex- 91 120 t�,F City of Okeechobee Code Board Meeting December 9, 2014 Case 14-060 Tax Ease Florida Reo LLC (Kurt Keplinger) 407 NE 9th Avenue Ch. 30 Sec. 30-43 Public Nuisance Ch.30 Sec. 30-44 General Cleaning & Beautification 05/19/2014 — Sent Courtesy letter explaining existing lien. 06/02/2014 — Certified letter received. 07/17/2014 — Called and explained situation to them, they stated that they would get it mowed. 07/29/2014 — Called, left message that the property was still not in compliance. 08/01/2014 — Notice of Violation mailed. 08/08/2014 — Notice of Violation received, signed for by Kayla Lloyd. 09/25/2014 — Notice to Appear mailed. 10/03/2014 — Notice to Appear received, signed for by Jennifer Cardoza. 11/19/2014 — 2nd Notice to Appear mailed. 12/01/2014 — 2nd Notice to Appear received, signed Case #14-071 Alumni Partners II LLC 206 SW 91" Avenue CH 30 Sec.30-43 Public Nuisance CH 30 Sec.30-44 General Cleaning &Beautification 07/31/2014 — Courtesy Card sent. 09/10/2014 — Notice of Violation mailed. 09/15/2014 — Notice of Violation received, signed for by J. Perri 11/14/2014 — Notice to Appear mailed. 11/17/2014 — Notice to Appear received, signed for by J. Perri. Case #14-072 Charles Kapteina 303 SW101hAvenue CH. 30 Sec. 43 Public Nuisance CH. 30 Sec 30-44 General Cleaning & Beautification 07/15/2014 — Sent Courtesy Card. 09/10/2014 — Notice of Violation Mailed. 09/17/2014 — Notice of Violation received, signature illegible. 11/14/2014 — Notice to Appear mailed. 11/19/201.4 — Notice to Appear received, signature illegible Case #14-073 Nationstar Mortgage LLC 1002 NW 2nd Street CH. 30 Sec. 30-43 Public Nuisance CH. 30 Sec. 30-44 General Cleaning &Beautification • 07/24/2014 — Sent Courtesy Card. • 09/12/2014 — Notice of Violation mailed. • 09/17/2014 — Notice of Violation received, signed for by Charles Goodson. • 11/14/2014 — Notice to Appear mailed. • 11/20/2014 — Notice to Appear received, Signed for by Charles Goodson. D e�elmbax- �►, a,atLP CODE ENFORCEMENT BOARD December 9, 2014 Case No. Name Fine Started Filed 90 Days 13-016 Holy Ghost Church/ $25/day 5/31/13 7/05/13 8/28/13 Tax Ease Florida Reo 1018 NW 5`h Avenue 13-098 Janet Estrella $50/day 2/26/14 3/06/14 6/03/14 919 NW 10`h Street 14-042 Mark Moore $10/day 10/6/14 1005 SW 3`d Street 14-057 Billy & Shawna McCullers $10/day 11/14/14 1106 SE 4`h Street 14-061 Trey & Loralie Bennett $10/day 11/14/14 704 SW 611 Street * Distributed at meeting for informational purposes only. Code Board Action 5/14/13 - Imposed fine on 5/31/13 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 9/09/14 - Imposed fine on 10/6/14 for general cleaning/public nuisance 10/14/14 - Imposed fine on 11/14/14 for general cleaning/public nuisance 10/14/14 - Imposed fine on 11/14/14 for general cleaning/public nuisance