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2015-07-14CITY OF OKEECHOBEE JULY 14, 2015 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson: July 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 PAGE 1 OF 4 BOARD ACTION - DISCUSSION - VOTE Chairperson Gamiotea called the July 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 Absent with consent Present Absent with consent (John Abney filled the seat for Member Conrad) Present Absent with consent 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 May 12, 2015; seconded by Summary of Board Action for the May 12, 2015 Regular Member Abney. There was no discussion on this item. Meeting. „nTc GAMIOTEA - YES SOAK - ABSENT CLOSE - YES CONRAD - ABSENT DENISUK - YES V. AGENDA - Chairperson. PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested withdrawal of Case 15-025, Federal National Mortgage Association, due to compliance, today's agenda. 1 1 11 1 JULY 14, 2015 - CEB REGULAR MEETING - PAGE 2 OF 4 11 AGENDA BOARD ACTION - DISCUSSION - VOTE II VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. 14-060 Tax Ease Florida/Keplinger. 407 NE 9" Avenue Consider recommending foreclosure. Case No, 15-004 Linda Foley. 805 SW 11" Avenue Ch 30 Sec 30-43 Public nuisance 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. Attorney Cook addressed the board stating the Code Board had previously recommended foreclosure on this property when it was owned by Mr. Keplinger. However, before any foreclosure action was taken, the tax certificate was sold to Tax Ease Florida. Since Tax Ease Florida has made no attempt to bring the property into compliance another recommendation needs to be made for City Council to proceed with foreclosure on Tax Ease Florida, Member Close moved Case No.14.060, Tax Ease Florida/Keplinger, 407 NE 9" Avenue, be placed on the next City Council agenda with a recommendation to proceed with foreclosure based on the testimony of Code Officer Sterling and Attorney John Cook; seconded by Member Abney. VOTE GAMIOTEA - YES SOAK - ABSENT CLOSE - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 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 805 SW 11" Avenue. He stated he attempted to contact the property owner by phone but was unable to do so . Code Officer Sterling said the property has debris which needs to be stored in the shed. Member Denisuk moved to find Case No. 15.004, Linda Foley, 805 SW 11" 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 ten dollars per day beginning thirty days after receipt of notification; seconded by Member Abney. VOTE GAMIOTEA - YES BOAK - ABSENT CLOSE -YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 769 JULY 14, 2015 -CEB REGULAR MEETING - PAGE 3 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II Case No. 15-019 Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property GMAC Mortgage LLC. 213 NE 8" Avenue owner. However nothing has been done to bring the property into compliance, He said the property is extremely overgrown Ch 30 Sec 30-43 Public nuisance and he has received several complaints from neighbors. Ch 30 Sec 30-44 General cleaning & beautification Member Close moved to find Case 15-019, GMAC Mortgage LLC, 213 NE 8" Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30.44 General cleaning and beautification, based on the testimony of Officer Sterling, imposing a fine of twenty-five dollars per day beginning seven days after notification; seconded by Member Abney. GAMIOTEA - YES BOAK - ABSENT CLOSE - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 1 770 JULY 14, 2015 - CEB REGULAR MEETING - PAGE 4 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE II ADJOURNMENT - CHAIRPERSON GAMI Jamie Gamiotea, Chairperson ATTEST: U Sue Christopher, Secret ry 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. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 6:55 P.M. ,NDEPENDENT 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 M,Lt in the matter of — klk4i,�,s in the 19th 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 an_dsubscribed be e me this d day of AD Notary Public, Stat, of Florida at Large rrrwrw�rue�v., :e ; ANGIE BRIDGES MY COMMISSION # EE 177653 ?z•, EXPIRES: April 20, 2016 %oo°; Bonded Thru Notary Public Underwriters Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforce- ment Board (CEB) will conduct a regular meeting on Tueav Jul 14, 2015, 6!30 PM, or Cm soon thereafter as possible, at Gty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouragged to attend. The agenda may N obtained from cityofokeechobee.com or by calling the Code Enforcement Office, 863-357-1971. ANY PERSON DECIDING TO APPEAL any decision made by the CEB withrespect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the 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 proceeding, 863-357-1971. BE ADVISED that should you intend to show any document, picture, video or items to the CEB 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: Chairperson Jamie Gamiotea CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD JURY 14, 2015 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: July 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 Sweda Lo f c C. w Board Member Lynn Boak kj LolC 6 s Board Member Melissa Close V �� !�n Board Member Louise Conrad H uti% d 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 v IV. MINUTES - Secretary. A. Motion to dispense with reading and approve Summary of Board Action for May 12, 2015 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PA/GE 1 of 2 % V T �-LC! �1 , � c c c-�C C1,c� ic�tiL�✓ , PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. 15-004 15-019 15-025 14-060 Name & Address Violation Linda Foley Ch 30 Sec 30-43 Public nuisance 805 SW 11th Avenue Ch 30 Sec 30-44 General cleaning & beautification GMAC Mortgage LLC Ch 30 Sec 30-43 Public nuisance 213 NE 8th Avenue Ch 30 Sec 30-44 General cleaning & beautification Federal National Mortgage Assoc. Ch 30 Sec 30-43 Public nuisance 116 NE 81h Avenue Ch 30 Sec 30-44 General cleaning & beautification Tax Ease Florida/Keplinger Consider recommending foreclosure t(- 407 NE 91h Avenue Vill. 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, helshe 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. � -L.�C .., n C M1ti l G/aYa 1 �qL City of Okeechobee Code Board Meeting July 14th'? 2015 Case #15-004 Linda Foley 805 SW 111h Avenue CH 30, Sec 30-43 Public Nuisance CH 30,, Sec 30-44 General Cleaning & Beautification 11/04/2014 — Sent Courtesy Card. 01/08/2015 — Notice of Violation sent. 02/06/2015 — Notice of Violation returned, unclaimed. 03/18/2015 — Posted property with Notice of Violation. 05/07/2015 — Submitted application for Building Permit for shed to store stuff in yard. 05/13/2015 — Shed inspected & passed by Building Inspector. 06/19/2015 — Notice to appear mailed. 07/02/2015 — Posted Notice to Appear. 11 Case #15-019 GMAC Mortgage LLC 213 NE 8t" Avenue CH 30, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning &Beautification 02/05/2015 — Sent Courtesy Card. 04/16/2015 — Notice of Violation sent. 04/20/2015 — Notice of Violation received, signed for by S. Sims 06/19/2015 — Notice to Appear sent. 06/22/2015 — Notice to Appear received, signed for by S. Sims. Case #14-060 Tax Ease Florida/Keplinger 407 NE 91h Avenue Consider Recommending Foreclosure • Fines on Tax Ease Florida REO LLC = $4,800.00 as of 07/14/2015 • Fines on Keplinger Case #10-097 & 11-113 = $53,225.00 • City Council approved foreclosure on case #10-097 & 11-113 on November 13, 2012. L. Xhvb;i #z :full 14, ao 1s CODE ENFORCEMENT BOARD July 14, 2015 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 91h Avenue 14-071 Alumni Partners II $60/day 12/26/14 2/04/15 5/04/15 12/9/14 - Imposed fine on 12/26/14 for general cleaningpublic nuisance 206 SW 9'h Avenue 14-073 Nationstar Mortgage $25/day 1/04/15 2/04/15 5/04/15 12/9/14 - Imposed fine on 1/04/15 for general cleaning/public nuisance 1002 NW 211 Street 15-010 Crystal I LLC $15/day 5/05/15 6/05/15 9/02/15 4/14/15 - Imposed fine on 5/5/15 for general cleaning/public nuisance 1002 SW 61h Avenue * Distributed at meeting for informational purposes only.