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2015-04-15CITY OF OKEECHOBEE APRIL 14, 2015 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 3 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Chairperson: April 14, 2015 Regular Meeting, City Hall, 55 SE 3`d Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Rennae Sweda Board Member Lynn Boak Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Alternate Member John Abney Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher Chairperson Gamiotea called the April 14, 2015, Regular Meeting to order at 6:30 pm, 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 Absent with consent Present Present Present Present Present Absent with consent Present Present 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 March 10, 2015; seconded Summary of Board Action for the March 10, 2015 Regular by Member Pippin. There was no discussion on this item. Meeting. VOTE GAMIOTEA - YES SWEDA - ABSENT SOAK - YES CLOSE -YES CONRAD - YES V. AGENDA - Chairperson. Ill DENISUK - YES PIPPIN - YES ABNEY - ABSENT MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested the withdrawal of Case 15-003 Marie Fenton from today's agenda due to compliance, today's agenda, 1 1 1 AGENDA VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 15-006 David Daniel, III. 102 SE Park Street Ch 90 Sec 50-563 Permit & plan required Case No. 15-010 Crystal I LLC. 1002 SW 61h Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification APRIL 14, 2015 - CEB REGULAR MEETING - PAGE 2 OF 3 BOARD ACTION - DISCUSSION - VOTE II 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 Notice of Violation/Notice of Hearing sent by certified mail was returned. Therefore service was via posting Notice of Violation/Notice of Hearing at 102 SE Park Street. Attorney Cook addressed the board recommending Case 15-006 be postponed and have the Code Enforcement Officer notify the property owner to meet with the Building Official to discuss signage. If property owner fails to meet with the Building Inspector then the case will be placed on the next agenda. Member Close moved Case No.15.006, David Daniel, lll, 102 SE Park Street, be postponed until the next regularly schedule Code Board meeting, based on the testimonies of Code Officer Sterling and Attorney Cook. In addition, Officer Sterling is instructed to give notice to Mr. Daniel to meet with the Building Official to discuss signs; seconded by Member Denisuk. VOTE GAMIOTEA - YES SWEDA - ABSENT SOAK - YES CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES ABNEY -ABSENT MOTION CARRIED. Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property owner. Mr. Sterling said he attempted to make contact with property owner, however as of today he has not heard from them and nothing has been done to bring the property into compliance. Member Close moved to find Case No.15.010, Crystal I LLC, 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 fifteen dollars per day beginning seven days after receipt of proper notification; seconded by Member Denisuk. GAMIOTEA - YES SWEDA - ABSENT BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES ABNEY - ABSENT MOTION CARRIED. 760 761 APRIL 14, 2015 -CEB REGULAR MEET►NG - PAGE 3 OF 3 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II ADJOURNMENT - CHAIRPERSON GAMIO . Jamie Gamiotea, Chairperson L ATTEST: i 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. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 6:45 P.M. 1 1 047WIM INDEPENDENT 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 A1A Mzr-2_� in the matter of in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Y/ a la 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 bef e me this _ day of 10 / 57 AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CITY OF OKEECHOBEE APRIL 14, 2015 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA 1. CALL TO ORDER - Chairperson; April 14, 2015 Regular Meeting, City Hall, 55 SE 3' Avenue, Okeechobee, FL 11. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Rennae Sweda Board Member Lynn Boak Board Member Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Alternate Member John Abney Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. PAGE I OF 3 BOARD ACTION - DISCUSSION - VOTE Chairperson Gamiotea called the April 14, 2015, Regular Meeting to order at 6:30 pm, in the City Council Chambers, located at 55 Southeast 3' Avenue, Room 200, Okeechobee, Florida. Pledge of Allegiance was led by Chairperson Gamiotea. Present Absent with consent Present Present Present Present Present Absent with consent 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 March 10, 2015; seconded Summary of Board Action for the March 10, 2015 Regular by Member Pippin. There was no discussion on this item. Meeting. VOTE GAMIOTEA - YES SWEDA - ABSENT BOAK - YES CLOSE - YES CONRAD - YES V. AGENDA - Chairperson. DENISUK - YES PIPPIN - YES ABNEY - ABSENT MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case 15-003 Marie Fenton from today's agenda due to compliance. today's agenda. 11 VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No.15-006 David Daniel, 111. 102 SE Park Street Ch 90 Sec 50-563 Permit & plan required Case No. 15-010 Crystal I LLC. 1002 SW 6" Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification APRIL 14, 2015 - CEB REGULAR MEETING - PAGE 2 OF 3 BOARD ACTION - DISCUSSION - VOTE 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 Notice of Violation/Notice of Hearing sent by certified mail was returned. Therefore service was via posting Notice of Violation/Notice of Hearing at 102 SE Park Street. Attorney Cook addressed the board recommending Case 15-006 be postponed and have the Code Enforcement Officer notify the property owner to meet with the Building Official to discuss signage. If property owner fails to meet with the Building Inspector then the case will be placed on the next agenda. Member Close moved Case No.15.006, David Daniel, III, 102 SE Park Street, be postponed until the next regularly schedule Code Board meeting, based on the testimonies of Code Officer Sterling and Attorney Cook. In addition, Officer Sterling is instructed to give notice to Mr. Daniel to meet with the Building Official to discuss signs; seconded by Member Denisuk. VOTE GAMIOTEA - YES SWEDA - ABSENT SOAK - YES CLOSE -YES CONRAD - YES DENISUK - YES PIPPIN - YES ABNEY -ABSENT MOTION CARRIED. Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property owner. Mr. Sterling said he attempted to make contact with property owner, however as of today he has not heard from them and nothing has been done to bring the property into compliance. Member Close moved to find Case No.15-010, Crystal I LLC, 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 fifteen dollars per day beginning seven days after receipt of proper notification; seconded by Member Denisuk. VOTE GAMIOTEA - YES SWEDA - ABSENT SOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES ABNEY - ABSENT MOTION CARRIED. APRIL 14, 2015 -CEB REGULAR MEETING - PAGE 3 OF 3 AGENDA BOARD ACTION - DISCUSSION - ADJOURNMENT - CHAIRPERSON GAMIOTEA. I'I THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED m THE MEETING AT 6:45 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. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD APRIL 14, 2015 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: April 14, 2015 Regular Meeting, 6:30 pm, City Hall, 55 SE 3' Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea ✓ Vice Chairperson Rennae SwedaA/CE Board Member Lynn Boak ✓✓ Board Member Melissa Close ✓ Board Member Louise Conrad ✓ Board Member Ted Denisuk ✓ Board Member Jim Pippin ✓ Alternate Member John Abney 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 March 10, 2015 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. �c�nhEck 6Y Vv11.Evn�-r' P,�F�,1 CZ cu��Z PAGE I of 2 PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 15-003 Mane Fenton 700 Blk SE 12" Avenue 15-006 David Daniel, III 102 SE Park Street 15-010 Crystal 1 LLC 1002 SW 61 Avenue Vill. ADJOURN MEETING - Chairperson Violation Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 90 Sec 30-563 Permit & plan required 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 Fin; 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. %S- o2 (� r ter cu van cit-u -lo c,�-, m P Ucan ce �, s , ec n oAf 4 ���,rd Reccrnrn�nd e Q- to C�J-c CccL Cot c fro ,, 0 (�CnCAr 40 s C06 ` (-O-N- , ` &PhO a� T 4 -f e s sty o�ec - 4 C l 15 —CCC� i ax-A � 0-�LA j arc�� boner PC - a rv� n� wit SeC�;n01 tL ��be ntsux In6-h0� C'�V-r l. awns-- If mCSA- no one r�2�rnec� 1�.5 c CC� n � -i� r b4���re,n tL l 2zf-np ci-nC-�2- C;10�. I L L lVu2f1 in v`0(o 0n U �30a a) L6' w�c v1 3i(,iSGCQ�dC C-�fef W , Dec7�' c �c� % `c� 1�- ��,s(�rnbny v Cc��` 5Qr t 1 ` 0o �� n °� 5 r-ec c l I�t of � � � �x h► b��-.1... Apr; City of Okeechobee Code Board Meeting April 14th, 2015 Case #15-006 David R. Daniels III 102 SE Park Street CH 90 Sec 90-563 Permit & Plan Required 10/28/2013 —Sent Courtesy Letter. Copy Enclosed. 12/11/2013 — Notice of Violation 13-122 sent. 01/16/2014 — Called 763-8185, No answer, voice mailbox not established. 03/04/2014 — Mr. Daniels called, told him that he needed to speak to Jeff Newell (bld. Inspector) 01/16/2015 — Closed case #13-122 and opened new case 15-006. 02/13/2015 — Notice of Violation returned, Unclaimed. 02/24/2015 — Called, left message to call us. 02/25/2015 — Spoke to Matt (Mr. Daniels agent) @ 9:00 AM. Matt stated he would get back to us. 02/25/2015 — Mr. Daniels called (11:30 AM) and stated he was out of town but would call Jeff to set up an appointment. 03/11/2015 — Spoke to Jeanette. She gave me Mr. Daniels cell number. Called, mail box full. 03/23/2015 — Posted property with Notice to Appear. 03/25/2015 — Notice of Hearing Mailed. 03/30/2015 — Mr. Daniels called, stated he understood that there was a problem. Explained that there was a problem with signage and he should contact Jeff Newell our Building Inspector. * See attached photographs. Case # 15-010 Crystals LLC 1002 SW WhAvenue CH 30 Sec.30-43 Public Nuisance CH 30 Sec.30-44 General Cleaning &Beautification 12/11/2014 — Courtesy Card sent. 02/13/2015 — Notice of Violation sent. 02/19/2015 — Notice of Violation received, signed for by B. Agramonte. 03/20/2015 — Notice of Hearing sent. 03/23/2015 — Notice of Hearing received. Signature Illegible. Ex k; 6;+ A flpri 1 tq, aOfi- CODE ENFORCEMENT BOARD April 14, 201 S Case No. Name Fine Started Filed 90 Days Code Board Action 14-060 Tax Ease Florida Reo $25/day 1/04/15 1/08/15 4/07/15 12/9/14 - Imposed fine on 1/04/15 general cleaning/public nuisance 407 NE 9`h Avenue 14-061 Trey & Loralie Bennett $10/day 11/14/14 1/08/15 4/07/15 10/14/14 - Imposed fine on 11/14/14 for general cleaning/public nuisance 704 SW Oh Street 14-071 Alumni Partners 11 $60/day 12/26/14 2/04/15 5/04/15 12/9/14 - Imposed fine on 12/26/14 for general cleaning/public nuisance 206 SW 9" Avenue 14-073 Nationstar Mortgage $25/day 1104115 2/04/15 5104115 12/9/14 - Imposed fine on 1/04/15 for general cleaning/public nuisance 1002 NW 2nd Street 14-069 Leonard Summa $15/day 3/07/15 4/07/15 7/05/15 2/10/15 - Imposed fine on 3/7/15 for general cleaning/public nuisance 301 SE 8" Drive * Distributed at meeting for informational purposes only.