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2016-06-14CITY OF OKEECHOBEE .TUNE 14, 2016 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson: June 14, 2016 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 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the May 10, 2016 Regular Meeting. V. AGENDA - Chairperson. PAGE 1 OF 4 BOARD ACTION. DISCUSSION - VOTE Chairperson Gamiotea called the June 14 , 2016, 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 (John Abney filled the seat for Member Sweda) Absent with consent Present Absent with consent Present Absent with consent Present Present Present Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for May 10, 2016; seconded by Member Abney. There was no discussion on this item. Lyle] 0 GAMIOTEA - YES BOAK - ABSENT CLOSE - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on III There were no request for the addition, deferral or withdrawal of items from today's agenda. today's agenda. 796 797 JUNE 14, 2016 - CEB REGULAR MEETING - PAGE 2 OF 4 AGENDA BOARD ACTION DISCUSSION - VOTE VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 16-014 Janis Greenberger. 415 SW Park Street Ch 30 Sec 30-43 Public nuisance 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 stated this case was originally heard by the board on April 12, 2016. At that hearing the board found the building at 415 SW Park Street was not in compliance and gave the owner until June 14, 2016 to submit plans from a certified engineer showing what would be done to repair the building. Next, Building Inspector, Jeff Newell, informed the board Ms. Greenberger's Engineer, David Charland of TRC Worldwide Engineering, would present to the board the plans to resolve the structural issues at 415 SW Park Street. In summary, the plans to repair most of the cracks in the walls will be done by using an epoxy grout because he said most of the cracks were cosmetic and due to water infiltration not structural damage. Other selected cracks will be reinforced with steel or carbon fiber. About twenty roof trusses will be replaced with a built up rafter with vertical studs up to the roof deck. In his opinion the building is able to be repaired and is not in danger of collapsing. Then, Ms. Greenberger addressed the board to advise when the repairs would begin. Ms. Greenberger began telling the board the repairs could of already been started had she not been delayed by the previous engineer, but Chairperson Gamiotea said the purpose of this meeting was not to find fault or blame someone for the delay. So Ms. Greenberger stated she would begin the repairs as soon as her plans were approved. Attorney Cook recommended allowing a couple of months for Mr. Newell to review plans and for Ms. Greenberger to get permits once plans have been approved. The co-owner of the building, Sonny Elliott, asked the boar how these repairs would affect his side of the building. Chairperson Gamiotea suggested his speak to the engineer, contractors and city staff to get that information. Building official, Jeff Newell, told Mr. Elliott he would keep him up to date on the project. Member Close moved to find Case No.16-014, Janis Greenberger, 415 SW Park Street, in violation of Ch 30 Sec 30-43 Public nuisance, allowing sixty days for building official, Jeff Newell, to review plans and the owner to work with city staff for permits, then the case will be brought before the board after sixty days to dismiss the case if the owner has complied; seconded by Member Abney. VOTE GAMIOTEA - YES BOAK - ABSENT CLOSE - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. 3UNE 14, 2016 -CEB REGULAR MEETING - PAGE 3 OF 4 798 AGENDA I BOARD ACTION -DISCUSSION -,VOTE Case No. 15-058 Officer Sterling testified notice of violation/notice of hearing sent via certified mail was received. He said he has spoken with Dag International Group LLC. 110 NW 61h Street the property owner several times. The owner stated she will advise the tenants they must clean the property and remove Ch 30 Sec 30-43 Public nuisance debris or they will be evicted. Ch 30 Sec 30-44 General cleaning & beautification Member Close moved to find Case 15-058, Dag International Group LLC, in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning, based on the testimony of Code Officer Sterling, imposing a fine of fifteen dollars per day beginning fifteen days after receipt of proper notification; seconded by Member Abney. GAMIOTEA - YES BOAK - ABSENT CLOSE - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. Case No. 15-062 Officer Sterling testified notice of violation/notice of hearing sent via certified mail was returned, therefore notice was posted. Paul & Charlene Haynes. 800 SW 111h Avenue He said there is a disabled 51h wheel trailer with an expired tag that has been sitting there for at least a couple of years. Mr. Ch 30 Sec 30-41 Disabled vehicle Sterling has spoken with the property owner and she plans to have John's Towing remove the trailer when the ground is dry Ch 30 Sec 30-44 General cleaning & beautification enough for them to get their equipment in to remove it. Member Close moved to find Case 15-062, Paul & Charlene Haynes, 800 SW 11th Avenue, in violation of Ch 30 Sec 30-41 Disabled vehicle and Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, allowing ten days after proper notification for the property to come into compliance, imposing a fine of five dollars per day if not in compliance after ten days; seconded by Member Abney. GAMIOTEA - YES SOAK - ABSENT CLOSE - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. Case No.16-005 Officer Sterling testified notice of violation/notice of hearing sent via certified mail was received. He stated the building is a Be A Man Buy Land LLC. 1202 NW 8" Avenue safety hazard because the second floor is collapsing. Mr. Sterling said the property owner is trying to sell the property so he Ch 30 Sec 30-43 Public nuisance has been waiting to see if he can sell it before he has to demolish the building. Chairperson Gamiotea said something needs Ch 30 Sec 30-44 General cleaning & beautification to be done soon due to hurricane season. Member Denisuk moved to find Case 16-005, Be A Man Buy Land LLC,1202 NW 8th Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning, allowing thirty days for the property owner to get a demolition permit for the structure and if a permit has not been issued within thirty days, the case will come back before the board at their next regularly scheduled meeting; seconded by Member Abney. 799 JUNE 14, 2016 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION - DISCUSSION - VOTE Case No. 16-005 Man Buy Land LLC. 1202 NW 8" Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification (cont'd) Lyle] 14 GAMIOTEA - YES BOAK - ABSENT CLOSE - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SWEDA - ABSENT ABNEY - YES MOTION CARRIED. Case No. 14-073 Officer Sterling said this property is extremely overgrown and a fine of $25.00 per day has been running for 528 days, totaling Nationstar Mtg LLC. 1002 NW 2nd Street $13,200. He said several letters have been sent notifying the owners of a possible foreclosure, but no one has responded. Consider recommending foreclosure Member Close moved Case 14-073, Nationstar Mortgage LLC,1002 NW 2"d Street, be placed on the City Council agenda' with a recommendation to begin foreclosure proceedings; seconded by Member Abney. ADJOURNM NT - CHAIRPE GAMIOTEA. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:25 P.M. Jamie Gamiotea, Chairperson 11 ATT�U: " 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. ® Okeechoee Vjl% 107 SW 17thOkeechobee,974NDEPENDENT863-76 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���J 2 aJ in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of r to Afliant 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 s>�bscribed � ore me this / L day of v AD Notary Public, State of Florida at Large ?o1......... ,pr°":f;:. ANGIEBRIDGES *. *. MY COMMISSION III FF 976149 E(PIRES: ApA 20, 2020 Banded Thru Notary Public Underwriters PUBLIC NOTICE CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the 6ty of Okeechobee code Enforce- ment Board (CEB) will conduct a regular meetlng on Tue June 14 2016, 6:30 PM, or as soon thereafter as possible, at 6ty Hall, f6 SE 3rd >[ve, Rm 2a0, Okeechobee, FL The pudic Is Invited and encouraged to attend. The a9!�da may btoWained fmm dtyofokeechobee.com or by calling the Code DECIDING TO APPEAL any decision made by the a any matter considered at this meetlng will need toensure of the proceeding Is made and the record Includes the tes ence upon which the appeal will be based. in aemrdan uenne° U.y me nury Marc needs special aMo nmodation to pa pa > Pmoeeding, contact the Fire Department no later than two bust rs prior to proceeding, 863-357-1971. ADVISED that should you Intend to show any document, Lure, items to the CEB In support or opposition to any Item on the agent ry of the document picture, Ndeo, or item must be provided to hN Secretaryfor the 0tys remnis. Chairperson Jamie Gamiotea CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD JUNE 143 2016 REVISED OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: June 14, 2016 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 Board Member Lynn Boak 14- Board Member Melissa Close ✓ Board Member Louise Conrad Board Member Ted Denisuk ✓ Board Member Jim Pippin i4 w`n Alternate Member John Abney Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith ✓ Code Enforcement Officer Fred Sterling Y' Secretary Sue Christopher ,, , IV. MINUTES - Secretary. A. Motion to dispense with reading and approve Summary of Board Action for May 10, 2016 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 �U— 641- PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 16-014 Janis Greenberger Ch 30 Sec 30-43 Public nuisance 415 SW Park Street Case 16-014 is being reviewed from original hearing on 4/12/16 15-058 Dag International Group LLC Ch 30 Sec 30-43 Public nuisance 110 NW 6`h Street Ch 30 Sec 30-44 General cleaning & beautification 15-062 Paul & Charlene Haynes Ch 30 Sec 30-41 Disabled vehicle 800 SW 11" Avenue Ch 30 Sec 30-44 General cleaning & beautification 16-005 Be A Man Buy Land LLC Ch 30 Sec 30-43 Public nuisance 1202 NW 8" Avenue Ch 30 Sec 30-44 General cleaning & beautification 14-073 Nationstar Mortgage LLC Consider recommending foreclosure ($13,200) 1002 NW 2nd Street VIII. 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. U -- q /5 /5-1 �7 Hv �6kc- lk. 0�3 � yn�. ,tYV,� 4, tT:ol,!�—f (1-1 Exhtb`k 41-1 5une ILI, 201(o C*Ity of Okeechobee Code Board Meet*lni� June 14th, 2016 Case #16-014 Janis Greenberger 415 SW Park St CH 30 Sec 30-43 Public Nuisance • 04/12/2016 —Case came before the Code Board and found Not In Compliance. The Code Board gave Ms. Greenberger until the June 14th meeting to present plans to bring property into compliance. Case #15-058 DAG International Group LLC 110 NW 6thStreet CH 30 Sec 30-43 Public Nuisance CH 30 Sec 30-44 General Cleaning & Beautification 08/26/2015 —Sent Courtesy Card. 10/15/2015 — Mailed Notice of Violation. 10/17/2015 — Notice of Violation received, signed for by Lasha Boree. 12/21/2015 — Mailed Notice to Appear on 01/12/2016 12/23/2015 — Notice to Appear received, signed for by Robert Mobley. 01/11/2016 — Spoke to Ms. Boree, tenants husband died in November, will get her to clean up. 02/25/2016 — Called Ms. Boree, left message to call us. 05/25/2016 — Mailed second Notice to Appear. 06/06/2016 — Spoke to Ms. Boree, she fell and broke her back in April. lust out of rehab. Will get tenant to clean property. Posted Property. Case #15-062 Paul & Charlene Haynes 800 SWI 11h Avenue CH 30 Sec 30-41 Disabled Vehicle CH 30 Sec 30-44 General Cleaning & Beautification 07/10/2015 —Sent Courtesy Card. 12/10/2015 — Mailed Notice of Violation. 01/13/2016 — Notice of Violation returned Unclaimed. 01/26/2016 — Mailed Notice to Appear & Posted Notice of Violation & Notice to Appear. 03/02/2016 — Spoke to Ms. Haynes, she will get trailer moved ASAP. 04/06/2016 — Left message that trailer had to be moved or the case would go before Code Board. 05/11/2016 — Left message to please call us. 06/06/2016 — Posted property with Notice to Appear. 06/09/2016 — Ms. Haynes called and will have John's Towing Remove the trailer when it dries up. Case #16-005 Be A Man Buy Land LLC 1202 NW WhAvenue CH 30 Sec 30-43 Public Nuisance CH 30 Sec 30-44 General Cleaning & Beautification 01/14/2016 — Mailed Notice of Violation. 01/20/2016 — Notice of Violation received, signed for by Mr. Gaza. 03/15/2016 — Called and spoke to receptions, informed her that the structure was a safety issue. 04/14/2016 — Called and explained that this issue had to be resolved. They stated that the property was up for sale. 05/25/2016 — Mailed Notice to Appear. 06/06/2016 — Notice to Appear received, Signed for by Mr. Gaza. Posted property. Case #14-073 Nationstar Mortgage LLC 1002 NW 2"d Street Consider Recommending Foreclosure Fines total $13,,200 • 12/09/2014 — Case # 14-073 heard by the Code Enforcement Board. A fine of $25.00 per day was imposed starting within 5 days of this notice which was mailed on 12/16/2014. 08/21/2015 — Letter sent informing Nationstar that the fine has been running for more than 90 days and according to Florida Statutes the City could start foreclosure to collect the fine. • 03/21/2016 — Letter sent reminding Nationstar about the Cities ability to foreclose on the property. • Mortgage has been transferred through 6 Mortgage holders. • Fine has run for 528 days @ $25.00 = 13,200. TRC Worldwide Engineering, Inc. 1230 N. University Drive Plantation, FL 33322 Phone: (954) 484-7777 www.trcww.com CA No. 27322 June 14, 2016 Mr. Jeffery C. Newell City Building Official City of Okeechobee 55 SE 3`d Street Okeechobee, FL 34974 RE: Greenberger Building 415 SW Park Ave. Okeechobee, FL TRC Project # 16FTP004 Dear Mr. Newell; The general results of our building inspection of May 14, 2016 and our observations follow. Main Building Vertical Brick walls: The building foot print is about 26"-2" EW X 99" NS, all of the walls are 4 courses of brick with about 1 '/2" in between, total thickness 13'/z" for the south wall and the E & W walls up to the 2"d floor. From the 2"d floor up they are 12'/2" thick, probably still 4 courses with smaller space between, however this needs to be verified. The bonded brick is laid in a pattern of 5 courses of brick (running bond) and then a bond course, perpendicular course, which ties the inner and outer courses together to form a 13'/2" thick cavity walls. The original construction made no provision for expansion or contraction joints which explains the vertical shrinkage cracks apparent in the west wall. The same shrinkage cracks are probably in the east wall as well. Structurally these cracks are more of a cosmetic and water infiltration problem than structural. Various stepped cracks are evident, generally starting at a wall opening. Some of these cracks will probably need structural repairs in the form of adding reinforcement in epoxy in the brick joints and sealing the cracks with epoxy grout. The openings in the south wall have been reworked at least once as evidenced by 8" concrete block closing in the original openings. It is worth noting that many if not most, of the step cracks don't occur in the same location in both the inner and outer courses of brick. The same is probably true with the vertical shrinkage cracks. The south wall will probably be revised as part of the modifications required for the apartment construction and can be further strengthened at that time, during which enough stucco will be removed to expose existing cracks for evaluation and repair if needed. In the interim, there are some that need repair. We disagree with Engineer Cunningham strongly in his assessment that the building is going to collapse for the following reasons. The wall was stuccoed in 1999 and possibly again at a later date but no cracks are evident in the stucco at this time. Stucco is very brittle and minimum movement of the cracks would cause the crack to mirror in the wall surface. There is no separation of the brick S E R V I C E I N N O V A T I O N Q U A L I T Y Page 2 of 2 courses of the (inner and outer). The building has seen significant winds in 2004 with Charlie, Jeanne, Frances and then hurricane Wilma and God knows how many before that, and in our opinion has been stressed and reviewed. Need repairs yes, collapse No. Horizontal Wood Framing: Roof Trusses; We have identified two areas of trusses that need to be strengthened using a similar repair method used a few years ago. See plans sheet S-1. As an aside the roof waterproof membrane appears to be in good shape and drains well. See photo sheet S-1. Floor Framing: We have checked more floor joists and they have all been in good shape and no repairs are needed. Mezzanine: The small mezzanine in the south end of the first floor appears to be in reasonable condition but will probably be revised during the apartment construction and is not frequently anyway. Summary of Proposed Repairs. 1. Brick Walls - Shrinkage and various stepped cracks need to be sealed with epoxy grout. Selected step cracks will also be reinforced with steel or carbon fiber across the crack. 2. Roof Trusses - About 20 trusses will be replaced with a 3 '/2' X 12" built up rafter with vertical studs up to the roof deck. Note: The plans for the above repairs are attached as a progress set only. Final drawings will be submitted at a later date, within 15 days. Our opinion is still that the structure is worth repurposing the 2"d floor and repairing as indicated. Please be advised that our opinions are based on a cursory visual inspection and should not be construed as an implied warrantee that there are no hidden defects, that the building was constructed correctly in the first place or that it meets the current building code. .,, 011 Ci4A'R��ii Thanks for your time. ��. Q O;•...,•, Sincerely; s02 Anr rldwid ngineering, Inc. No - �� AT O ; �: . Char and, P.E., S.I.,r P,% Regional Director. CC: Janis Greenberger ' WORLDWIDE ENGINEERING