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2015-11-10778 CITY OF OKEECHOBEE NOVEMBER 10, 2015 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 I. CALL TO ORDER - Chairperson: Chairperson Gamiotea called the November 10, 2015, Regular Meeting to order at 6:30 pm, in the City Council Chambers, November 10, 2015 Regular Meeting, City Hall, 55 SE 3" Avenue, located at 55 Southeast 3' Avenue, Room 200, Okeechobee, Florida. 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 Pledge of Allegiance was led by Chairperson Gamiotea. Present Absent with consent (John Abney filled the seat for Member Sweda) Present Present Present Present Present Present 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 August 11, 2015; seconded Summary of Board Action for the August 11, 2015 Regular by Member Abney. There was no discussion on this item. Meeting. VOTE GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD - YES DENISUK - YES V. AGENDA - Chairperson. PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested the withdrawal of Case 15-048, Marie Fenton, from today's agenda due to lack of proper today's agenda. notication. 779 NOVEMBER 10, 2015 - CEB REGULAR MEETING - PAGE 2 OF 4 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. 15-042 Officer Sterling testified service via Notice of Violation/Notice of Hearing was hand delivered and received by property owner. Ida Harrell. 1706 SW 2"d Avenue He stated he has spoken to the owner on several occasions and she has done some cleaning, but he feels she is physically Ch 30 Sec 30-43 Public nuisance unable to do the work by herself. Officer Sterling feels she needs help from a church group, etc. Chairperson Gamiotea Ch 30 Sec 30-44 General cleaning & beautification suggested allowing sixty days which would give her time to get through the holidays before a fine would be imposed. Member Close moved to find Case No.15-042, Ida Harrell,1706 SW 2"d 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, allowing sixty days after proper notification for property owner to make significant improvement to the property, if improvements are not made within that time, a fine of five dollars per day will be imposed beginning on the sixty-first day; seconded by Member Denisuk. GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. Case No. 15-047 Officer Sterling testified service via Notice of Violation/Notice of Hearing sent by certified mail was received by property owner. !, Teresa Cappetta. 502 SE 10" Avenue He stated Ms. Cappetta called saying she lost her job, but has found a new job and is making arrangements to have property Ch 30 Sec 30-43 Public nuisance mowed. Karn's Tractor Service called to confirm property will be mowed on Thursday, November 12, 2015. Ch 30 Sec 30-44 General cleaning & beautification Member Close moved to find Case No.15-047, Teresa Cappetta, 502 SE 10`h 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 Code Officer Sterling imposing a fine of five dollars per day one week after proper notification; seconded by Member Conrad. VOTE GAMIOTEA - YES SOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES 11 PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. NOVEMBER 10, 2015 -CEB REGULAR MEETING - PAGE 3 OF 4 780 Case No. 15-050 Officer Sterling testified service via Notice of Violation/Notice of Hearing sent by certified mail was received by property owner. Florencio Serrano. 1900 NW 7m Avenue Notice was also sent by certified mail to the attorneys for Nationstar Mtg, Alberteli Law, howeverthe property is still in the owners Ch 30 Sec 30-43 Public nuisance name because the bank has not taken possession. Officer Sterling stated he spoke with someone from Alberteli Law and they Ch 30 Sec 30-44 General cleaning & beautification are supposed to be contacting Nationstar Mtg to get the property mowed and cleaned. Member Conrad moved to find Case No.15-050, Florencio Serrano,1900 NW 7' 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 one week after receipt of proper notification; seconded by Member Boak. GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. Case No. 10-097 City Attorney John Cook addressed the board advising them this property is no longer owned by the Keplinger's and was Kurt & Jacqueline Keplinger. 405 NE 9th Avenue purchased by Tax Ease Florida. He said since this lien was against the former owners, Kurt & Jacqueline Keplinger, it can not Consider release of lien ($5,725) be collected. and should be released in order for the title company to pursue selling the property. Member Close moved to release a lien of $5,725 on Case No.10-097, Kurt & Jacqueline Keplinger, 405 NE 9th Avenue, based on the testimony of City Attorney John Cook; seconded by Member Abney. VOTE GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. Case No. 11-113 Kurt & Jacqueline Keplinger. 405 NE 9" Avenue City Attorney John Cook addressed the board stating the lien on Case 11-113 was also recorded under the previous owner, Kurt & Jacqueline Keplinger, and therefore can not be collected and should be released. Consider release of lien. ($47,500) Member Close moved to release a lien of $47,500 on Case No 11-113, Kurt & Jacqueline Keplinger, 405 NE 9' Avenue, based on the testimony of City Attorney John Cook; seconded by Member Conrad. VOTE GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 781 NOVEMBER 10, 2015 - CEB REGULAR MEETING - PAGE 4 OF 4 ADJOURNMENT - CHAIRPERSON GAMI EA. Jamie Gamiotea, Chairperson ATTEST: Lx 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. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:02 P.M. . Okeechobee News 107 SW 17th Street, Suite D INDEPENDENT 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 L6r."z'' 4 in the matter of t :'7 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 and subscribed be e me this (� day of VC c /3 AD Notary Public, State of Florida at Large �Y ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: Aprif 20, 2016 Bonded Thru Notary Public Underwriters PUBLIC NOTICE CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City Of Okeechobee Code Enforce- ment Board (CEB) will conduct a regular meetin on Tue, Nov 10, 2015, 6:30 PM, or as soon thereafter as possible, at C" Ha11, 5' SE 3 Ave, Rm 200, Okeechobee , FL. The public is invited and encouragged to attend. The agenda may be obtained from dtyofokeechobee.com or by calling the Code Enf rnmentOffice, 863-357-1971. 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 testi- mony and evidence upon which the apppeeal 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 pprticipate 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 473338 ON 11/6/2015 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD NOVEMBER 10, 2015 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: November 10, 2015 Regular Meeting, 6:30 pm, City Hall, 55 SE 3' Avenue, Okeechobee, FL 11. PLEDGE OF ALLEGIANCE - Chairperson. 111. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea / Vice Chairperson Rennae Svyeda Board Member Lynn Boak Board Member Melissa Board Member Louise Conrad ✓ Board Member Ted Denisuk 7 Board Member Jim Pippin -/ Alternate Member John Abney ✓ Board Attorney John Cook Fire Chief/Code Enforcement Officer HerbSmith ✓ Code Enforcement Officer Fred Stedingv/ Secretary Sue Christopher./ IV. MINUTES - Secretary. A. Motion to dispense with reading and approve Summary of Board Action for August 11, 2015 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 11 , f kL -C C, PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 15-042 Ida Harrell Ch 30 Sec 30-43 Public nuisance 1706 SW 2`d Avenue Ch 30 Sec 30-44 General cleaning & beautification 15-047 Teresa Cappetta Ch 30 Sec 30-43 Public nuisance 502 SE 10th Avenue Ch 30 Sec 30-44 General cleaning & beautification 15-048 Marie Fenton Ch 30 Sec 30-43 Public nuisance 700 Blk SE 12" Avenue Ch 30 Sec 30-44 General cleaning & beautification 15-050 Florencio Serrano Ch 30 Sec 30-43 Public nuisance 1900 NW 7th Avenue Ch 30 Sec 30-44 General cleaning & beautification 10-097 Kurt & Jacqueline Keplinger Consider release of lien ($5725) 405 NE 9th Avenue 11-113 Kurt & Jacqueline Keplinger Consider release of lien ($47,500) 405 NE 9m 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, 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. _ � 5 y i�, y,2 ( C k y✓1 �.� �� r� L � � ti C u ` � C.,. Z�, c 1Q 361 o J f �_ cLJ-�2Crc its `/jc vt at u ALA �^t %li! / �' l � yni', �< 1, ���'lt` `� Z�i✓,,�,`�l T 6 X/ q t Ct t 2�C e 2c CA Cl� J , � 1 ?-Xhvbr1' City of Okeechobee Code Board Meeting November 10,, 2015 Case #15-042 Ida Harrell 1706 SW 2nd Avenue CH 30, Sec 30-43 Public Nuisance CH 30., Sec 30-44 General Cleaning & Beautification • 08/27/2015 — Hand Delivered Notice of Violation, signed for by Ida Harrell. • 09/24/2015 — Mailed Notice of Hearing. • 10/05/2015 — Hand delivered Notice of Hearing, signed for by Todd Harrell. • 10 /08/2015 — Letter informing Ms. Harrell of postponement delivered. • 10/19/2015 — Notice of Hearing returned, unclaimed. • 10/23/2015 — Hand delivered Notice of Hearing, signed for by Ida Harrell. �j Case #15-047 Teresa Cappetta502 SE loth Avenue CH 30, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning & Beautification 07/30/2015 — Sent Courtesy Card. 09/01/2015 — Mailed Notice of Violation. 09/03/2015 — Notice of Violation received, signed for by Teresa Cappetta. 10/21/2015 — Mailed Notice of Hearing. 11/06/2015 — Sue spoke to Ms. Cappetta, she stated she had lost her job but is now employed and will contact Mr. Karns about getting it mowed. 11/09/2015 — Mr. Karns phoned and said he would mow it by Thursda Case #15-048 Marie Fenton 700 Block SE 12t" Avenue CH 30, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning &Beautification • 06/10/2015 — Sent Courtesy Card. • 09/18/2015- Mailed Notice of Violation. • 09/21/2015 — Notice of Violation received, signature not legible. • 10/21/2015 - Mailed Notice of Hearing. Case #15-050 Florencio Serrano (Nationstar Mortgage) 1900 NW 7t" Avenue CH 30, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning & Beautification • 07/30/2015 — Sent Courtesy Card. • 09/18/2015 — Mailed Notice of Violation. • 09/21/2015 — Notice of Violation received, signed for by Florencio Serrano. • 10/09/2015 — Faxed info to Albrtelli Law. Case #14138498 (Juan Serrano). 10/21/2015 — Notice of Hearing mailed to Mr. Serrrano & Albretelli Law. • 10/27/2015 —Notice of Hearing received by Albretelli Law, signed for by c. Gordon. • 10/28/2015 — Notice of Hearing received , signed for by F. Serrano. • 11/096/2015 — Albertelli Law phoned, they are getting authority from the mortgage holder to mow and clean the property. Case #15-050 Florencio Serrano (Nationstar Mortgage) Case #10-097 Kurt &Jacqueline Keplinger 405 NE 91" Avenue • Consider Release of lien - $Sp725eOO Case #11-113 Kurt &Jacqueline Keplinger 405 NE 91" Avenue • Consider release of lien - $47,?5OOoOO cxrltbrr 411a N ovtm bu' lD job CODE ENFORCEMENT BOARD November 10, 2015 x9cx�c�cx�c�c�c9cx�F�c�cic�cx��'c4c9cxx��cic�Fx*7c�c�c�ck4c�cxx�Eicx:kicx�k�*�c9c�Yxx�2�'cicxxn*��c�e4cx9c�c�c�cx�Y��4e�ic�cx�c�Y4c4cxxxx*�k:k�k�k%k�k�k*�k�k%k�k�K�k�k*�k�k�k*�k�k>k-k*=k*�k�k�k�k�k�k*�k* Case No Name Fine Started Filed 90 Days Code Board Action 14-059 Tax Ease Florida Reo $25/day 9/12/15 10/2/15 12/30/15 8/11/15 - Imposed fine for general cleaning/public nuisance 1018 NW 5" Avenue 14-060 Tax Ease Florida Reo $25/day 1/04/15 1/08/15 4/07/15 12/9/14 - Imposed fine for general cleaning/public nuisance 407 NE 9`h Avenue 7/21/15 - City Council approved foreclosure 14-071 Alumni Partners lI $60/day 12/26/14 2/04/15 5/04/15 12/9/14 - Imposed fine for general cleaning/public nuisance 206 SW 9" Avenue 14-073 Nationstar Mortgage $25/day 1/04/15 2/04/15 5/04/15 12/9/14 - Imposed fine for general cleaning/public nuisance 1002 NW 2nd Street 15-010 Crystal I LLC $15/day 5/05/15 6/05/15 9/02/15 4/14/15- Imposed fine for general cleaning/public nuisance 1002 SW 6`h Avenue 15-019 GMAC Mortgage LLC $25/day 8/01/15 10/02/15 12/30/15 7/14/15- Imposed fine for general cleaning/public nuisance 213 NE 8" Avenue * Distributed at meeting for informational purposes only.