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2015-08-111 1 CITY OF OKEECHOBEE AUGUST 1112015 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson: August 11, 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 August 11, 2015, Regular Meeting to order at 6:32 pm, in the City Council Chambers, located at 55 Southeast 3'ti Avenue, Room 200, Okeechobee, Florida, Pledge of Allegiance was led by Chairperson Gamiotea. Present Absent with consent Present Present Present Absent with consent (John Abney filled the seat for Member Denisuk) Present Present Absent 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 July 14, 2015 and July 27, Summary of Board Action for the July 14, 2015 Regular 2015; seconded by Member Pippin. There was no discussion on this item. Meeting and July 27, 2015 Emergency Meeting. VOTE GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD - YES DENISUK - ABSENT V. AGENDA - Chairperson. PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on There were no request for the addition, deferral or withdrawal of items on today's agenda, today's agenda. 11 774 775 AGENDA VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No, 14-069 Leonard Summa. 301 SE 8`h Drive Request for reduction of lien ($1,320) Case No. 14-059 Tax Ease Florida. 1018 NW 5`h Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification AUGUST 11, 2015 - CEB REGULAR MEETING - PAGE 2 OF 4 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, Mr. David Hazelief addressed the board representing U.S. Bank, N.A. who now owns the property through a foreclosure sale, He said as soon as the bank had legal possession of the property it was brought into compliance. Officer Sterling testified Case 14-069 had a fine of $15.00 per day which accrued for eighty-eight days ($1,320). He verified once the bank took possession the property was brought into compliance and the fine was stopped. Member Close moved Case No.14.069, Leonard Summa, 301 SE 8" Drive, be given a reduction of lien in the amount of fifty dollars ($50.00) to cover administrative costs; seconded by Member Conrad GAMIOTEA - YES SOAK - YES CLOSE - YES CONRAD-YES DENISUK - ABSENT PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 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 was purchased by Tax Ease through a tax certificate sale, He said he sent several notices by certified mail and spoke with a representative once on the phone, but nothing has been done to bring the property into compliance. At this time the property is very overgrown and neighbors are complaining. Member Pippin moved to find Case No.14.059, Tax Ease Florida,1018 NW 5`h 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 fifteen days after receipt of proper notification; seconded by Member Close. GAMIOTEA - YES SOAK - YES CLOSE - YES CONRAD-YES DENISUK - ABSENT PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 1 AUGUST 11, 2015 -CEB REGULAR MEETING - PAGE 3 OF 4 776 AGENDA Case No. 15-013 Anthony Bertram. 1105 SW 711 Avenue Ch 30 Sec 30-43 Public nuisance Ch 54 Sec 54-51 Parking commercial vehicles 1 11 BOARD ACTION - DISCUSSION - VOTE Officer Sterling testified service was via Notice of Violation/Notice of Hearing sent by certified mail and received by property owner, Property owner, Anthony Bertram, addressed the board stating he was using two shipping containers as temporary storage until he is able to purchase the property next to him from Billy Mason and build a large shop which would give him an enclosed place to park his commercial vehicles and for storage. He said he attempted to contact Mr. Mason tc find out how soon the purchase of the property could be finalized, but Mr. Mason did not get back to him with an answer, Chairperson Gamiotea stated he felt the tax paying citizens of Okeechobee should not be hindered when they are trying for run a licensed business in Okeechobee. However, he said we have to consider any safety issues and if the temporary structure is unsightly to the neighbors. Code Officer Sterling verified Mr. Bertram has always been willing to work with him in the past and he has not had any complaints from neighbors. Chairperson Gamiotea advised the board to think through the circumstances surrounding this case before rushing into a decision based solely on a code violation. He suggested allowing a certain amount of time for Mr. Bertram to buy the property and begin building a shop. Then bringing the case back to the board for review, Member Conrad moved to find Case No.15.013, Anthony Bertram,1105 SW 7tn Avenue, in violation of Ch 30 Sec 30.43 Public nuisance and Ch 54 Sec 54.51 Parking commercial vehicles, based on the testimony of Anthony Bertram and Code Officer Sterling, allowing an extension of six months to bring the property into compliance, if not in compliance at that time the case will be brought back before the Board for review; seconded by Member Abney. VOTE GAMIOTEA - YES SOAK - YES CLOSE - YES CONRAD-YES DENISUK - ABSENT PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 777 AUGUST 11, 2015. CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA ADJOURNMENT - CHAIRPERSON GAMIOTEA. i 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. BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:10 P.M. E 1 W 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 4 in the matter of I in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I1.S 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 bef6W me this °t day of AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: APri120, 2016 Bonded Thru Notary Public Underwriters PUBLIC NOTICE CITY CODE ENFORCEMENT BOARD MEETING S HEREBY GIVEN that the City of Okeechobee Code Enforce- d (CEB) will conduct a regular meetingg on Tues Auy 11, 21135, or as soon thereafter as possible, at 8 / Hall, 5� SE 3rd Ave, Rm ,hobee, FL. The public is invited and encouragged to attend. The ry be obtained from ctyofokeechobee.com or by calling the Cade ANY PERSON DECIDING TO APPEAL any decision made by the CEB 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 test(- mony and evidence upon which the appeal will be based. to accordance with the Americans with Disabilities Act (ADAy any person w th a disability as defined by the ADA, that needs special accommodation to partldpate 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 Oty's records. by: Chairperson Jamie Gamiotea CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD AUGUST 11$ 2015 OFFICIAL AGENDA 1, CALL TO ORDER - Chairperson: August 11, 2015 Regular Meeting, 6:30 pm, City Nall, 55 SE 31 Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. Ill, BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea v1 Vice Chairperson Rennae Sw da rtC Board Member Lynn Boak Board Member Melissa Close f Board Member Louise Conrad ✓ Board Member Ted Denisuk Board Member Jim Pippin ✓ Alternate Member John Abney Board Attorney John Cook l� Fire Chief/Code Enforcement Officer Herb Smith i� 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 14, 2015 Regular Meeting and July 27,2015 Emergency Meeting, V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today`s agenda tutu.( PAGE 1 of 2 PAGB2OfAi c �i �t f fi 7�Cc,et 1 N PUBLIC HEARING ITE d by Code Officer SterlingL Vll. reserlte Violation l ;,fib Disposition of Cases P 1 C� A. Name & Address Request for lien reduction Case No` a Cc` — Leonard Summ �L� 1 SE e Drive 43 public nuisance } 1 c� , �� v & beautification ?'L� (, L��--, � � u^ 14-069 30 Ch 30 Sec 30- Sec 30-44 General cleaning Florida LLC Ch 30 Tax Ease �, Avenue . 59 101E NW 5 h 30 Sec 30-43 public nuisance vehicles-� In 14 0 Bertram Ch 54 Sec 54-51 Park 9 i n , `,y`_ a •1 5 �, "� 1 r l� 'u Anthony 'a Avenue �;� t� �� ? � t 7 v -icy 15-013 1105 SW 7 ' E t ~ YLnti� to� C.itk r Chairperson ent Board URN MEETINGS ' Code Bnforcem ✓— "'` �r t l L,L,vl L� ApJO made by the City is made, which official r co ds of the Fire �,- T V111. decision roCeeding for off cial re �1 eal any of the P e that a verbatim record of backup n arson decides to apP?2� y1 L l that when a P a need to insure media is for the sole purpose aicipate in �L�� 11 (c it ISED he/she May Enforcement Board m madation to p t C TAKE NQrICE AND BE Al ecial accom�ti:w eaI is to be based. that needs sp �`L (,L 41. , Gr PLEASE Y matter considered at this meeting,,,,� to any n which the app defined by the AD A, ice, ��,� with respect863}357-1971. , � v"Yv'' C' �� and evidence upon With a disability as Toceeding� { a enda, �- � � � , testimony any person days prior to the p item on the g pepartment, ADA}, L V1 o business Ys ort or opposition to any With Disabilities Aca� r man m supper<{ t C t ith Americans artment no to the Board' Cit ,s record. 4 �t� L L�Cc In accordance w Fire Dep video or items for the Y proceeding, contact the ocument, picture, cretary� .' ��; this pr the Board Se .�4 must be provided to i you intend to show any d CL�. �y t ,' . { advised "I Y icture, video or item r :^, ` i✓c j c t i u� _ _ ---" Please be ocum t,ut a copy of the d ant, p Exht b:f *-4- ",,4,sE- I 1 0 go15 City of Okeechobee Code Board Meeting August 11th 2015 Case #14-069 Leonard Summa / U.S. Bank 301 SE 81hDrive CH 30., Sec 30-43 Public Nuisance CH 30,, Sec 30-44 General Cleaning & Beautification • 02/10/2015 — Case came before the Code Board. Board gave property owner 7 days to correct the violation after receiving Board Order. • 02/27/2015 — Posted property with Board Order. • 03/07/2015 — Started fine of $15.00 per day. • 06/02/2015 — Property went into foreclosure, fine stopped. Fine totaled $1,320.00 (88 days @ $15.00 per day) • 08/11/2015 — Administrative cost as of this date $49.17. 1. 863 763 6935 Hazelllef & Prevatt Realty Inc 03:35:01 p.m. 07-07-2015 2 /3 CODE ENFOkCEN Nr ]BOARD CITY OF OKEECHOBEE Case No... N— REQ= T.OR REDUCTION OF PENALTY OR EXTENSION OF COMPLIANCE DATE INSTRUCTIONS: Please fill in both sides of this foam. completely. Be specific when wxitiS 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.) rf you have any questions, please call the Code Wbreement 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 fuW action on the case. You may appm,at the hearing to of ri testimony. Property Owner's Name: L - i �-j I D -r Property Address: 0 01 5�. U �' , t;? Ole ee L'h a ee- Phone Number when you can be reached during the .day: 9 63 - 7 2- d Is the property now in compliance? _\'Y'es 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, No Date you called the Code Enforcement Department for reinspection: .Are you claiming financial hardship? Yes No Are you claiming medical hardship? . _ Yes �o H the property owner is unable to complete this form, list the name of she person who is a4oriwd to act for the property owner and their relationship: A u}Z� 1 Ro t�2f Page 1 of 2. 863 763 6935 Hazellief & Prevatt Realty Inc 03; 35;13 p.m. 07-07-2015 3 13 do hereby submit this Petition in request for a reduction in the total amount of penalty imposed or request for an extepsian oftime to bring the property into compliance, and in support of er the following statement Date: Signed: Page 2 of 2 Case #14-059 Tax Ease Florida LLC 1018 NW 5t" Avenue CH 30,, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning &Beautification 05/14/2014 — Sent Courtesy Card. 07/14/2015 — Called Tax Ease, They stated they would get it mowed. 07/29/2015 — Called and left message. 08/01/2014 — Mailed Notice of Violation. 08/08/2014 — Notice of Violation received, signed for by Kayla Lloyd. 09/25/2014 — Mailed Notice to Appear. 10/03/2014 — Notice to Appear received, signed for by Jennifer Cardoza. 03/09/2015 — Sent letter informing them about the lien on the property. 07/20/2015 — Mailed Notice to Appear. 07/27/2015 — Notice to Appear received, signed for by J. Vowel. * h See attached to. p o �� gip, ., 3� °_, g Y , g i - t �� yy F m ®RW h Awn WIN six C: Vol Case #15-013 Anthony Bertram 1105 SW 7th Avenue CH 30, Sec 30-43 Public Nuisance CH 50, Sec 54-51 Parking Commercial Vehicles • 01/27/2015 — Courtesy Card Sent. • 02/26/2015 — Notice of Violation Mailed • 03/10/2015 — Notice of Violation received, signed for by Anthony Bertram. • 04/07/2015 — Mr. Bertram spoke with City Building Inspector Jeff Newell. • 07/20/2015 — Notice to Appear mailed. • 07/22/2015 — Notice to Appear received, Signed for by Anthony Bertram. • 08/11/2015 — Mr. Bertram Came in and spoke to Jeff Newell. • *See attached letter from Jeff Newell • * See attached photos INTEROFFICE MEMORANDUM TO: FRED STERLING, CODE ENFORCEMENT OFFICER FROM: JEFFERY NEWELL, BUILDING OFFICIAL SUBJECT: 1105 SW 7TH AVENUE; ANTHONY BER DATE: AUGUST 11, 2015 CC: The subject structure consisting of two oceanic shipping containers with an attached tubular rooting system is not in compliance with either City Ordinances or the Florida Building Code. This structure was assembled without a permit. If a permit application had been submitted it would have been denied due to its conflict with City Regulations and the Florida Building Code. Mr. Bertram communicated to me that he and Billy Mason were negotiating the sale of an adjacent property to Mr. Bertram. If the sale materialized, then the non-compliance structure would be disassembled and removed from the property. As of this date, the Building Department has not been contacted by Mr. Bertram regarding the status of the pending sale of the property and the removal of the non-compliance structure. Jeffery C Newell, CBO 0 G XN I b rt s`'w- Case No. 14-060 14-071 14-073 15-010 15-019 CODE ENFORCEMENT BOARD August 11, 2015 Name Fine Started Filed 90 Days Tax Ease Florida Reo $25/day 1/04/15 1/08/15 4/07/15 407 NE 9" Avenue Alumni Partners II $60/day 12/26/14 2/04/15 5/04/15 206 SW 9' Avenue Nationstar Mortgage $25/day 1/04/15 2/04/15 5/04/15 1002 NW 2'd Street Crystal I LLC $15/day 5/05/15 6/05/15 9/02/15 1002 SW 6`h Avenue GMAC Mortgage LLC $25/day 8/01/15 213 NE 8' Avenue * Distributed at meeting for informational purposes only. Code Board Action 12/9/14 - Imposed fine on 1/04/15 general cleaning/public nuisance 7/21/15 - City Council approved foreclosure 12/9/14 - Imposed fine on 12/26/14 for general cleaning/public nuisance 12/9/14 - Imposed fine on 1/04/15 for general cleaning/public nuisance 4/14/15 - Imposed fine on 5/5/15 for general cleaning/public nuisance 7/14/15 - Imposed fine on 8/1/15 for general cleaning/public nuisance