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2017-01-10CITY OF OKEECHOBEE .JANUARY 10, 2017 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 AGENDA BOARD ACTION DISCUSSION - VOTE I. CALL TO ORDER - Chairperson: January 10, 2017 Regular Meeting, City Hall, 55 SE V 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 Michelle Sanders Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. Chairperson Gamiotea called the January 10, 2017, 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 (Michelle Sanders filled the seat for Member Sweda) Present Present Present Present Present Present Present Absent 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 October 11, 2016; seconded Summary of Board Action for the October 11, 2016 Regular by Member Denisuk. There was no discussion on this item. Meeting. VOTE _ GAMIOTEA - YES SOAK - YES CLOSE -YES CONRAD - YES DENISUK - YES V. AGENDA - Chairperson. PIPPIN - YES SWEDA - ABSENT SANDERS - YES MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on There were no requests for the addition, deferral or withdrawal of items from today's agenda. today's agenda. :1• JANUARY 10, 2017 - CEB REGULAR MEETING - PAGE 2 OF 4 AGENDA BOARD ACTION - DISCUSSION - VOTE VI. VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 14-073 Nationstar Mortgage LLC . 1102 NW 2" Street. Consider reduction of lien ($16,350) 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 a lien of $16,350.00 was placed on property located at 1102 NW 2nd Street. (The fine accrued for 654 days @ $25.00 per day until the property was accidentally mowed by the City stopping the fine). Mr. David Hazelieif, representing Federal Home Loan Mortgage Corp., addressed the board. He stated Federal Home Loan Mortgage is now the legal owner of the property, but for approximately 2 years they could not determine who legally owned the property and the property was not maintained. He said there is a pending contract for the sale of the property. However, in order to sell the property they need a clear title. Therefore, he is requesting a reduction of the lien so the property can be sold and maintained by new owner. Attorney Cook advised the Board if they decide to reduce the lien, it should cover all cost incurred by the City. Member Close moved based on the testimony of Code Officer Sterling and David Hazelief to reduce the lien on Case No.14-073,1102 NW 2A Street, from $16,350.00 to an amount not to exceed $1,500.00 which includes administrative fees, mowing and all other cost incurred by the City; seconded by Member Conrad. GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT SANDERS -YES MOTION CARRIED. JANUARY 10, 2017 -CEB REGULAR MEETING - PAGE 3 OF 4 ;E AGENDA BOARD ACTION DISCUSSION - VOTE Case No. 16-032 Officer Sterling testified notice of violation/notice of hearing sent via certified mail was returned, therefore notice was posted. Marie Fenton. 700 Blk SE 12`n Avenue He stated he had talked with Ms. Fenton on the phone last week and she said she was sending a check to Charlie's Lawn Ch 30 Sec 30-43 Public nuisance Service to have her property mowed. Code Officer Sterling recommended allowing a few weeks before starting a fine, in Ch 30 Sec 30-44 General cleaning & beautification order to give the owner time to have the lawn service mow property. Member Conrad moved to find Case 16-032, Marie Fenton, 700 Blk SE 12t' Avenue, 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 five dollars per day beginning thirty days after receipt of proper notification; seconded by Member Pippin. VOTE _ GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT SANDERS - YES MOTION CARRIED. Case No. 16-043 Officer Sterling testified notice of violation/notice of hearing sent via certified mail was received by property owner and notice Fosler LLC. 1000 Blk NW 51h Avenue was posted. He stated this is a repeat violation, but property owner had called and said he was getting a lawn service to mow. Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning &beautification Member Close moved to find Case 16-043, Fosler LLC, 1000 Blk NW 5'h Avnue, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, imposing a fine of fifteen dollars per day beginning twenty days after receipt of proper notification; seconded by Member Boak. VOTE GAMIOTEA - YES BOAK - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SWEDA - ABSENT SANDERS - YES MOTION CARRIED. 811 JANUARY 10, 2017 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION --DISCUSSION - VOTE ADJOURNMENT - CHAT Jamie Gamiotea, Chairperson ATTEST: /J Sue Christopher, Secreta IOTEA. III THERE BEING THE MEETING NO FUR7:0P.M.EDISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED 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. Okeec 9L e N6,14, n 107 SW 17 _ reet, Suite D 20 NDEPENDENTOkeechobe - rida 34974 863-76 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, lorida, that the attached copy of advertisement being a 6(1,c t^ j Au_- , 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 j A/4�0 (-7 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 f r/publication. in the said newspaper. Katrina Elsken Sworn to and subscribed b fore me this A day of U / -7 AD Notary Public, State of Florida at Large L�_ n'1_)(C;(C_ ;sYP, ANGIE BRIDGES '24 MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 k B0ndWThruNot3ryWbkUrw0twdt3M f�� PUBLIC NOTICE CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the Cty of Okeechobee Code Enforce- ment Board (CEB) will conduct a regular meeting on Tue, Jan. 10, 2017, 6:30 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the Code Enforcement Office, 863-357-1971. ANY PERSON DECIDING TO APPEAL any detlsion 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 ap aI will be based. In accordance with the Americans with Disabilities Act rADA), 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 Rem must be provided to the Board Secretary for the Gty's records. 4 88- Chairperson Jamie Gamiotea 92 ON 1/4/2017 D D co r, D z O m r � Cno-nmDmwmmw<o > 0 -r-I m 0CL CD 0 wcDwwwww�� v m O CD n Q 3 CL CL C .. n� O p m CD � CD m W. m ic D v 0 CD CD CCD CD (7 cn n 3 3 3 E 3� o m r- m rn m nm 3 mmm mm ° C- � m c� v 0 �. N G) � `2 � ? o m CD or �� CD CD D z D z o O 0= CD G) n nmm �o rn-�o C) oCD C-) mocwr`D CD >co � fl' CDQ-O T RL � \Q Cn D CD C- DO C)� m CD cn \ m p _ D ' v CC m Cy, z o 3 m N _o v m 0 CD r \ w CD CD 0 l 4 �. cn m D CD SD O CD CD 0 0 cr CD 9 TI r a M PAGE 2 OF 2 PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation C -� 1 120 A / 14-073 Nationstar Mortgage LLC Consider reduction of lien ($16,350) GZ CX2 �C I 1002 NW 2nd Street uk, 16-032 Marie Fenton Ch 30 Sec 30-43 Public nuisance X?/t!� ���U a/yn,t 700 Blk SE 12`h Avenue Ch 30 Sec 30-44 General cleaning & beautification - j , 3 a'K- 16-043 Fosler LLC Ch 30 Sec 30-43 Public nuisance 1000 Blk NW 5" Avenue Ch 30 Sec 30-44 General cleaning & beautification 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. Case #14-073 Nationstar Mortgage 1002 NW 2ndStreet Consider Reduction of Lien of $16,,350.00 12/09/2014 — Came before the code board, found Not In Compliance. 01/04/2015 — Started fine of $25.00 per day. 08/21/2015 — Letter informing Nationstar Mortgage that property could be foreclosed by the City. 03/21/2016 — Second letter informing them that property could be foreclosed by the City. 06/14/2016 — Code Board recommended foreclosure. 10/18/2016 — City mowed property by accident. Property now in compliance. 11/01/2016 — Mr. Cook wrote letter to Title Company. 01/10/2017 — Mr. Hazellief to appear before Code Board representing Nationstar Mortgage. O O N N I� l00 00 001 W O O W N N N O O N O O O O O O O O O V V G1 G1 G1 Ol Q1 Cl Ol I I I I I I I I I o ° CL m o- 0 o o z °' Z c y ' < ° r* CD e O O n to r m '+ � n Z O �, 06) O O_ 0 D _C Q � A O O m c CD rr C 0 3 M = rr O 3 O OU D Q. fD f') — CL c m A r_ [7 n A M' a,. a A fD' =r CD . n C) m m n m 90 1-� ol� *,I A cr m !J at% O I o O O O O O O V G1 01 O'1 01 01 Vf 3 N fD C fD o n� m v fD a a� fD � OIQ r o ° z o m r+ ° M ° D D c (D a Z o M. o D 13 ii M FL m A_ 3 3• m m CL r) N W O O W N m o A � W CL O o r+ Mph o (D A M 3 r) !y � aro m m (D O m r+ A r+ O Ci W O W A f- ::I nU-ar y 16.4 a-611 CODE ENFORCEMENT BOARD January 10, 2017 is de icxx�Fxie 9cxx�cx�k �cx*x�c*��ex�cx*�: �c �cxx9c k�c k�F iexk:F �ex�c 9c �c 7cx�cxx�c �cxxxxx�c �exickxx�F �cxxxisXic 9c �c is �c is �c is is 9e 9e icx9c �e>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/pub nuisance 1018 NW 5" 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/pub nuisance 213 NE 8" Avenue 15-058 Dag International Group $15/day 7/18/16 11/08/16 2/06/17 6/14/16 - Imposed fine for general cleaning/pub nuisance 110 NW 6"' Street 16-015 Leon & Tisha Edouard $25/day 6/03/16 8/03/16 11/01/16 5/10/16 - Imposed fine for disabled vehicle & permit 903 SE 8"' Avenue 16-016 Jonathon Norton & $25/day 6/09/16 8/03/16 11/01/16 5/10/16 - Imposed fine for general cleaning/pub nuisance Tanya Huff 1107 SW 5" Street * Distributed at meeting for informational purposes only.