2017-05-09•
CITY OF OKEECHOBEE
MAY % 2017 REGULAR CODE ENFORCEMENT BOARD MEETING
SUMMARY OF BOARD ACTION
PAGE 1 OF 4
AGENDA BOARD ACTION DISCUSSION -VOTE
I. CALL TO ORDER - Chairperson:
May 9, 2017 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 Melissa Close
Board Member Lynn Boak
Board Member Louise Conrad
Board Member Ted Denisuk
Board Member Jim Pippin
Board Member Michelle Sanders
Alternate Member Rennae Sweda
Alternate Member Beverly Bernst
Board Attorney John Cook
Fire Chief/Code Enforcement Officer Herb Smith
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher
Chairperson Gamiotea called the May 9, 2017, 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
Present
Present
Present
Present
Present
Present
Absent with consent
Present
Present
Absent
Present
Present
IV. MINUTES - Secretary. Member Close moved to dispense with the reading and approve the Summary of Board Action for April 11, 2017; seconded
A. Motion to dispense with the reading and approve the by Member Pippin. There was no discussion on this item.
Summary of Board Action for the April 11, 2017 Regular VOTE
Meeting. GAMIOTEA - YES CLOSE - YES BOAK -YES CONRAD - YES DENISUK -YES
PIPPIN - YES SANDERS - YES SWEDA - ABSENT BERNST - NON -VOTING MOTION CARRIED.
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of Code Officer Sterling requested the withdrawal of Case 17-009, Dexel Brock, from today's agenda due to lack of proper
items on today's agenda. notification.
817 MAY 9, 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: 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. 17-005 Officer Sterling testified notice of violation/notice of hearing sent via certified mail was returned, therefore notice was posted.
Jackie & Melinda Rediker. 201 NE 10" Street Mr. Sterling stated the property has several disabled vehicles without tags and needs general cleaning. He added, he has
Ch 30 Sec 30-41 Disabled vehicles not talked to the property owners or had any contact with them.
Ch 30 Sec 30-43 Public nuisance
Member Close moved to find Case 17-005, Jackie & Melinda Rediker, 201 NE 10`h Street, in violation of Ch 30 Sec 30-41
Disabled vehicles and Sec 30-43 Public nuisance, based on the testimony of Code Officer Sterling, imposing a fine of
fifteen dollars per day if property is not in compliance within forty-five days after receipt of proper notification;
seconded by Member Conrad.
1yfflIW
GAMIOTEA - YES CLOSE - YES SOAK - YES CONRAD-YES DENISUK - YES
PIPPIN - YES SANDERS - YES SWEDA - ABSENT BERNST - NON -VOTING MOTION CARRIED
1
1
MAY 9, 2017 -CEB REGULAR MEETING - PAGE 3 OF 4
AGENDA BOARD ACTION -DISCUSSION -VOTE
Case No. 17-013
Jose Nunez. 1003 SW 11`h Street
Ch 10 Sec 10-8 Public nuisance
Ch 30 Sec 30-82 Specific noises prohibited
1
Code Officer Sterling testified notice of viol ationlnotice of hearing was hand delivered to the property owner on April 25,2017.
He stated at one time there were over one hundred chickens/roosters on the property which creates a public nuisance due to
the excessive noise. Officer Sterling told the Board some of the chickens have been removed, but the noise is still a problem.
Mr. Phil Berger addressed the Board on behalf of his daughter who lives next door. Mr. Berger stated it's not only the noise,
but it affects the property values of other houses in the area. He added, he believes the owner is running a commercial business
of raising chickens and selling eggs. Chairperson Gamiotea stated after looking over Chapter 10 of the City Ordinance it appears
the animal control officer can go on the property and remove the chickens, if other enforcement measures do not work. He read
City Ordinance Ch 10-8 (d) which states: "The animal control officer of the city has the power to remove and impound any animal
it deems necessary to protect the welfare of the public. All expenses for impounding and boarding are the responsibility of the
owner". Chairperson Gamiotea added he has always believed citizens should have a right to use their property the way they
want as long as it's not detrimental to neighbors. Mr. Berger said he does not wish to take away anyone's rights, but he feels
some restrictions and limitations need to be set. Chairperson Gamiotea asked Attorney Cook for his recommendation. He
recommended allowing a certain amount of time to get rid of most of the chickens and then if not in compliance, initiating a fairly
large fine to get the owner's attention. Mr. Cook added according to City Ordinances after the third offense this can be handled
as a criminal matter through the court.
Member Conrad moved to find Case 17-013, Jose Nunez, 1003 SW 11t' Street, in violation of Ch 10 Sec 10-8 Public
nuisance and Ch 30 Sec 30-82 Specific noises prohibited, based on the testimony of Code Officer Sterling and Mr.
Berger, imposing a fine of fifty dollars per day beginning thirty days after receipt of proper notification if not in
compliance with Chapter 10 of the City Ordinance; seconded by Member Close.
GAMIOTEA - YES CLOSE - YES BOAK - YES CONRAD-YES DENISUK - YES
PIPPIN - YES SANDERS - YES SWEDA - ABSENT BERNST - NON -VOTING MOTION CARRIED.
819 MAY 9, 2017 - CEB REGULAR MEETING - PAGE 4 OF 4
AGENDA BOARD ACTION - DISCUSSION- VOTE
ADJOURNMENT - CHAIRPERSON GAMIOTEA. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED
THE MEETING AT 7:10 P.M.
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.
1
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2 - APPROVED TYPED MINUTES
3 - ORIGINAL COMPIEiE AGENDA INCLUDING (fEMS 121SfiZl$UTED AT
THE MEETING AND CORRESPONDENCES
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ANDEPENDENT
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 ��t��he�Tattttached copy of
advertisement being a 1�_�l�o,
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
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 publication in the
�said
dnnewspaper.
i�-� `mil✓ ��' C� C.�-'�L--�
Katrina Elsken
Sworn to and Ibscribed bef re me this
day of _�)-C) AD
Notary Public, State of Florida at Large
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ANGIE BRIDGES
W COMMISSION 2 FF 976149
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EXPIRES: April20,2020
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MWW TNu NohN Public UDdorwn r>:
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 349
863-763-313 y
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PUBLIC NOTICE
CODE ENFORCEMENT BOARD MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforce-
ment Board (CEB) will conduct a regular meeting on Tue Mayy 9, 2017,
6:30 PM, or as soon thereafter as possible, at Gty Hall, SSE 3rd Ave, Rm
200, Okeechobee, FL. The public is invited and encouragged to attend. The
agelida may be obtained from cityofokeerhobee.com or by calling the Code
Enforcement Office, 863-763-9795.
ANY PERSON DECIDING TO APPEAL any decision made by the CEB
with respect to arty matter considered at this meeting Wl need to ensure a
verbatim record of the proceeding is made and the record includes the testi-
mony and evidence upon which the app al will be based. In accordance
with the Americans with Disabilities Ad fADA), arty person with a disability
as defined by the ADA, that needs spedal accommodation to participate In
this proceeding, contact the Fire Department no later than two business
days prior to proceeding, 863-763-9795.
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
mpy of the document, picture, video, or item must be provided to the
Board Secretary for the OW% records.
By: Chairperson Jamie Gamiotea
I✓R
rn
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
MAY %2017 OFFICIAL AGENDA
I. CALL TO ORDER -Chairperson: May 9, 2017 Regular Meeting, 6:30 pm, City Hall, 55 SE 3rd Avenue, Okeechobee, FL
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Jamie Gamiotea
Vice Chairperson Melissa Close ✓
Board Member Lynn Boak ✓
Board Member Louise Conrad
Board Member Ted Denisuk
Board Member Jim Pippin ✓
Board Member Michelle Sanders ✓
Alternate Member Rennae Sweda ab&ey+,,�lco
Alternate Member Beverly Bernst,/
Board Attorney John Cook /
Fire Chief/Code Enforcement Officer Herb Smith �}
Code Enforcement Officer Fred Sterling
Secretary Sue Christopher —/
IV. MINUTES - Secretary.
A. Motion to dispense with reading and approve Summary of Board Action for April 11, 2017 Regular Meeting.
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
PAGE 1 OF 2
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PAGE 2 OF 2
VII
an
PUBLIC HEARING ITEMS.
A. Disposition of Cases presented by Code Officer Sterling:
Case No. Name & Address
17-005 Jackie & Melinda Rediker
201 NE 10" Street
17-009 Dexel Brock
1001 SW 9" Street
17-013 Jose Nunez
1003 SW 11 `h Street
ADJOURN MEETING - Chairperson
Violation
Ch 30 Sec 30-41 Disabled vehicles
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-43 Public nuisance
Ch 30 Sec 30-44 General cleaning & beautification
Ch 10 Sec 10-8 Public nuisance
Ch 30 Sec 30-82 Animal noises
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.
GXr-I•b+T -.:L
MAY 9, 201q,
City of Okeechobee
Code Board Meeting
May 9th,, 2017
Case #17-005
Jackie & Melinda Rediker
201 NE101hStreet
CH
30
Sec.
30-41
Disabled Vehicle
CH
30
Sec,.
30-43
Public Nuisance
• 06/22/2016 — Sent Courtesy Card.
• 02/20/2017 — Sent Notice of Violation.
• 03/27/2017 — Notice of Violation returned Unclaimed
• 04/25/2017 — Posted property with Notice to Appear.
U
Case #17-009
Drexel Brock ETAL
1001 SW 91h Street
CH 30 Sec 30-43 Public Nuisance
CH 30 Sec 30-44 General Cleaning & Beautification
• 08/19/2016 — Sent Courtesy Card.
• 03/22/2017 — Sent Notice of Violation.
• 03/25/2017 — Notice of Violation received, signed for by Billy (last name not legible)
• 04/21/2017 — Sent Notice to Appear.
Case #17-013
Jose Nunez
1003 SW llth Street
CH 30 — Sec. 10-08 — Public Nuisance
CH 30 — Sec. 30-82- Specific Noise Prohibited
• 03/29/2017 — Hand delivered Letter of Violation, Signed for by Mr. Nunez.
• 04/25/2017 — Hand delivered Notice of Violation/ Notice of Hearing, signed for by Mr. Nunez.
• 05/08/2017 — Spoke to Mr. Nunez, he has gotten rid of a large quantity of his chickens, unable to
find someone to take the rest. Will continue trying to get rid of them.
sec 3c ^40Z CYJ
i
Sec. 10-8. Public nuisance.
(a) It shall be unlawful for any person to keep
or harbor within the city any animal which barks,
howls or makes other noises excessively (contin-
uously for more than 20 minutes) by day or night
so as to disturb the peace and quiet of any person
or family.
(b) It shall be unlawful for any person to allow
the area in which the animal or animals are kept
to become unsanitary or to give off unpleasant
odors resulting in complaints from citizens in the
neighborhood.
(c) It shall be unlawful for any person to allow
any animal to create a public nuisance.
(d) The animal control officer of the city has
the power to remove and impound any animal it
deems necessary to protect the welfare of the
public. All expenses for impounding and boarding
are the responsibility of the owner.
(Code 1982, § 4-6)
Cross reference —Nuisances, § 30-31 et seq.
(8) Animal noises, control, cruelty. Is shall be
unlawful to keep, maintain or permit any
animal, within the city without providing
and maintaining adequate sound control
techniques to eliminate excessive, repeti-
tive, offensive and unnecessary barking,
noises or sounds from such animal(s), at
any time of the day or night, so as to
annoy or disturb any neighbor, or to fail to
control such animal(s), or to commit any
act of neglect, torture, or torment that
causes unjustifiable pain or suffering to
any animal. These regulations shall be in
addition to, and not in lieu of chapter 10 of
this Code, and shall apply to any occupant
of a residence, either owned or leased, and
the curtilage thereof, in possession or
control of an animal, and shall include:
a. The code enforcement officers em-
ployed by the City of Okeechobee, in
addition to certinea iaw eniorceinew,
officers under state law, are hereby
designated as an animal control of-
ficer within the city to investigate,
cite, and enforce any animal control
or cruelty ordinance of the city, or
statute of the state.
b. That any violation of an article of the
city is declared to be civil in nature.
C. For any such complaint of violation
of city ordinance, code enforcement
agents shall provide one warning
notice to an offender prior to issu-
ance of code violation procedures,
which carry a fine up to $250.00 per
incident, and up to maximum $500.00
fine per incident to repeat offenders.
d. The city reserves the right to permit
imposition of a civil penalty less than
the maximum for violators who do
not contest such citations.
e. That violation of state statutes per-
taining to animal control or cruelty
shall carry the punishment as desig-
nated in such statute.
d. That code enforcement officers, in
addition to certified law enforcement
officers under state law, may issue a
citation for violation of municipal
codes, who has probable cause to
believe that a person in possession
or control of an animal has commit-
ted an act in violation of this article.
The City of Okeechobee hereby en-
acts and imposes a surcharge of $5.00
upon each civil penalty imposed for
violation of this article relating to
animal control or cruelty, which the
proceeds thereof designated to pay
the costs of training for animal con-
C XVI#q+TT lww-.
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CODE ENFORCEMENT BOARD
May9,2017
Case No Name Fine Started Filed 90 Days
16-015 Leon & Tisha Edouard $25/day 6/03/16 8/03/16 11/01/16
903 SE 8" Avenue
* Distributed at meeting for informational purposes only.
Code Board Action
5/10/16 - Imposed fine for disabled vehicle & permit