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2017-10-10CITY OF OKEECHOBEE OCTOBER 10, 2017 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION -----I.--CALL—TO-ORDER - Chairperson. Chairperson Gamiotea called the October 10-2017-Regular Meeting to -order at-6'30 pm; in the -City Counci October 10, 2017 Regular Meeting, City Hall, 55 SE Xd Avenue III located at 55 SE 3`d Avenue, Room 200, Okeechobee, Florida. 1 II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Melissa Close Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Michelle Sanders Alternate Member Beverly Bernst 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 Absent with consent (Alternate Member Beverly Bernst filled the seat for Member Conrad) Present Present Present Present Present Absent Present Present PAGE 1 OF 4 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Denisuk moved to dispense with the reading and approve the Summary of Board Action for August 8, 2017; seconded Summary of Board Action for the August 8, 2017 Regular by Member Pippin. There was no discussion on this item. Meeting. VOTE V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. GAMIOTEA - YES CLOSE - ABSENT CONRAD - ABSENT DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED. There were no request for the addition, deferral or withdrawal of items on today's agenda. I 825 OCTOBER 10, 2017 - CEB REGULAR MEETING - PAGE 2 OF 4 AGENDA BOARD ACTION ,='DISCUSSION - VOTE I VI. UPDATE ON FORECLOSURES - Board Attorney Attorney John Cook gave a brief update in reference to the status of Case 15-010 Crystal 1 LLC which he stated the foreclosure has been filed and Case 11-069 Super Stop Petroleum which foreclosure has been postponed to allow the property VII. PUBLIC HEARING ITEMS. owner time to get final approval from the State of Florida for the gas tanks to be removed or replaced. 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. 10-096 & Case No. 12-128 Officer Sterling testified this property has been in violation several times and the fine had continued to accrue because Marguerite D'onofrio. 400 SE 10" Avenue repairs were never completed on the house. He added, as of today the property has been mowed and the house is secured. Request for lien reduction. (Total of Liens = $29,525) Mr. Louis D'onofrio (son of Marguerite D'onofrio who is now deceased) stated he inherited the property and was unaware of the liens. He added, his mom had planned to restore the house but was unable to do that, so he plans to restore the house and', eventually live there. Chairperson Gamiotea advised Mr. D'onofrio the property will need to be maintained on a consistent basis until it can be restored. Mr. Donofrio said he has contracted with someone to maintain the lawn. In addition, he will personally check on the property to be sure it stays in compliance because he does not want to lose the property. Chairperson Gamiotea reminded the board to include a one hundred dollar administrative fee if they decide to reduce the lien. Member Denisuk moved to reduce the liens on Case No.10-096 & Case No.12-128, Marguerite D'onofrio at 400 SE 10`h Avenue of $29,525.00 to the amount of $100.00 to cover administrative costs; seconded by Member Sanders. VOTE GAMIOTEA - YES CLOSE - ABSENT CONRAD-ABSENT DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED 1 OCTOBER 10, 2017 -CEB REGULAR MEETING - PAGE 3 OF 4 826 AGENDA BOARD ACTION - DISCUSSION' VOTE Case No. 17-020 Officer Sterling testified notice of violation sent via certified mail was received by the property owner and notice of hearing was Kenneth Nichols. 114 NE 11 `h Street posted on the property. Code Officer Sterling stated Mr. Nichol's daughter got the motor home moved to the back of the property Ch 30 Sec 30-41 Disabled vehicles and is working on removing the debris, but she has requested more time to bring the property into compliance. Alternate Ch 30 Sec 30-43 Public nuisance Member Bernst asked Officer Sterling if the refrigerator sitting outside would be removed. Officer Sterling replied it would have to be removed in order for the property to be found in compliance. Chairperson Gamiotea recommended allowing time to finish cleaning and then if it's not done by that time imposing a minimal fine to give them incentive to get the work done. Member Denisuk moved to find Case 17-020, Kenneth Nichols, 114 NE 11' Street, in violation of Ch 30 Sec 30-41' Disabled vehicle and Sec 30-43 public nuisance, based on the testimony of Code Officer Sterling, imposing a fine of ten dollars per day beginning thirty (30) days after receipt of proper notification; seconded by Member Pippin. VOTE GAMIOTEA - YES CLOSE - ABSENT CONRAD- ABSENT DENISUK - YES PIPPIN - YES SANDERS -YES BERNST - YES MOTION CARRIED. Case No. 17-025 Officer Sterling testified notice of viol ationlnotice of hearing sent via certified mail was received by the property owner. Mr. Joe Manuela Pineda. 1124 SW 81h Street Cruz who is not the property owner, but lives at this address,works on A/C units and has parts and debris in his backyard. Ch 30 Sec 30-43 Public nuisance Officer Sterling stated he has spoken to Mr. Cruz several times about either removing the debris or putting slats in his fence so Ch 30 Sec 30-44 General cleaning & beautification it is not visible. Member Pippin moved to find Case 17-025, Manuela Pineda,1124 SW 8t' Street 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 dollars per day beginning fifteen days after receipt of proper notification; seconded by Alternate Member Bernst. VOTE GAMIOTEA - YES SANDERS - YES CLOSE - ABSENT BERNST - YES CONRAD- ABSENT MOTION CARRIED. DENISUK - YES PIPPIN - YES 827 OCTOBER 10, 2017 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION DISCUSSION - VOTE { Case No. 17-026 Code Officer Sterling testified notice of violation/notice of hearing sent via certified mail was received by property owner. He Kevin & Melissa Deese. 1612 NW 71h Avenue said no contact had been made with the property owner. Officer Sterling said they installed a fence without a permit and Ch 30 Sec 30-43 Public nuisance he has notified them several times about debris in the yard. At this time nothing has been done to come into compliance. Ch 70 Sec 70-302 Permit Member Pippin moved to find Case 17-026, Kevin & Melissa Deese,1612 NW 7`h Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Ch 70 Sec 70-302 Permit, 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 Denisuk. VOTE GAMIOTEA - YES CLOSE - ABSENT CONRAD- ABSENT DENISUK - YES PIPPIN - YES SANDERS -YES BERNST - YES MOTION CARRIED. ADJOURNMENT - CHAIRPERSON G 7MIOTEA. r Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secreta 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, helshe 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 7:20 P.M. 1 ° 6% Okeechob ' ws 107 SW 17th St .Suite D� NDEPENDENT Okeechobee, Fl ''a '°34974 863-763-31 NEWSMEDIA INC. USA M 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 Pu�lUN "La, in the matter of NSA;�i2 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1014 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 before me this dl-" day of (-_'.ifh 6A,,( 3-014 AD Notary Public, State of Florida at Large `,pNY PUg�• ANGIE BRIDGES _ MY COMMISSION # FF 976149 Fo ±Fvo,. Bonded EXPIRES:API1120, 2020 Thru NDtaty PuD11, Undec+xtiterB 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 Tues., Oct 10, 2017, 6:30 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Pm 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, 863-763-9795. 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 appeal will be based. In accordance vnth the 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 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 copy of the document, picture, video, or item must. be provided to the Board Secretary for the CWs records. Chairperson .Jamie Gamlotea ,34 ON 10/4/2017 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 10, 2017 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: October 10, 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 A" ��6 Vice Chairperson Melissa Close Board Member Louise Conrad A W /Co Board Member Ted Denisuk Board Member Jim Pippin Board Member Michelle Sanders V Alternate Member Beverly Bernst -' Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith 14' Code Enforcement Officer Fred Sterling - Secretary Sue Christopher , IV. MINUTES - Secretary. Ctp 1 w A. Motion to dispense with reading and approve Summary of Board Action for August 8, 2017 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. cad, -� 6 a � P M PAGE 1 OF 2 PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 10-096 Marguerite D'onofrio 12-128 400 SE 10`h Avenue 17-020 Kenneth Nichols 114 NE 11" Street 17-025 Manuela Pineda 1124 SW 81h Street 17-026 Kevin & Melissa Deese 1612 NW 7" Avenue Violation Request for lien reduction ($3,975 + $25,550 = $29,525) 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 30 Sec 30-43 Public nuisance Ch 70 Sec 70-302 Permit 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. r4 4ff-v- t4A, - (,/L�t a -K- a , e r7.'ge /�2/n VIYY /I C.Xh.vbrt ' L.. 0 4O LW 101 :.0 l City of Okeechobee Code Board Meeting October 10th,, 2017 Case #10-096 Case #12-128 Marguerite D'onofrio 400 SE 10t" Ave. Request for Lien Reduction Case #10-096 - $3,v975-00 Case #12-128 - $29,,525.00 COS ,AT IN YOM �X} vlcoz r EiAxw O: i l:IS c e: "1-tQIt� n a �v2= Gi nA Pteage i�'vOreC J Li_S r �jGSi S 2i:"1 Oi ^!^85G xS�l�iiT xf'S zGT� 2eLe � ?wtY E't O' €D". n c�,l`.'�.:.�t�3i�. Y {� :�t "c�,L., uw`>�'t s'(�'�''_ "� i �.G�LSr.:p.- yc $�:.e. � tgi7�'�. � ��" .c Pam.-`3� �E• y G�3�?Ox8 ' Er0. r3....a�SFsa OT CT s i .U.SFm r�xCv > �e ^ric G O £ }GGzt Si,TESa(Yx ate`' �y . �w �rcC%?5 `Cs tc F z tC am rerede ctioi3 O. 4'�3 _H' cast V c oeczSfon ei cli belts -(?3�^ h a:: EP S L e s1 G: fpSlt:c^t 'Ct.E3. �G.: "�ry e.:u7o?'t- lia��' L''<iT �.iiss;��••' a. compre=� `; s v 1 e urf3P- s isG> OK3�iAirt iaic3S: _�--- °"a1Pi �c0 ?7+Z3E� rniJ3crS`� _r �` 2n .t: i,zns ynSpeCtffS?"s. vLs Cu'li�. ^..� ��w �(�''. .r�r3fr v�.L vier.=✓ 1 r Are Q:: Clams c Eg_ %& ''ici c? ei _ Yes fhG'�G .� O� �� is, fit; aC�M^� i0 the if -,Re nroperty act °or,4oY p�ae r O 2 Z /I i!9'-eA 4,3 -zv do' m-bv ssubmit this Nffifioa L, muest for P, tedacti.on in the totemamevra of Pena Ity iravosedt� mcmnq- for an egeasion. of time -to tbrlpg 6, epropeity Into comvlllianccand in svpoat o M-r he feHowh-g. sta�- wt: LC faag" e /11 U." s1A�-esc,,eJ +k 7P�le- c 40 f f cJp— V (e) ss + -(,a -s s 4 e (7 (Y\ Q PA 0 Signed re -se, L 4 r a e s-� 'Flap p, 72 of 72 Case #17-020 Kenneth Nichols 114 NE 111h Street CH 30 Sec:30-41 Disabled Vehicle CH 30 Sec:30-43 Public Nuisance • 11/07/2016 — Sent Courtesy Card. • 07/18/2017 — Mailed Notice of Violation. • 07/18/2017 — Notice of Violation received, signed by Kenneth Nichols. • 09/29/2017 — Mailed Notice to Appear. • 09/29/2017 — Posted property with Notice to Appear. • 10/02/2017 — Spoke with Mr. Nichols daughter, They will try and get it cleaned up. • 10/10/2017 — Went by property, spoke to Mr. Nichols Son in Law. The property is 2/3 cleaned up. They need a little more time to finish the work. Case #17-025 Manuela Pineda 1124 SW 81" Street CH 30 Sec:30-43 Public Nuisance CH 30 Sec:30-44 General Cleaning &Beautification • 05/01/2017- Sent Courtesy Card. This property is a repeat violator of Section 30-43 & 30-44. • 08/23/2017 — Mailed Notice of Violation. • 09/26/2017 — Mailed Notice to Appear. • 09/29/2017 — Posted property with Notice to Appear. • 10/03/2017 — Spoke to Mr. Cruz, he understands that he needs to rectify the problems. • 10/10/2017 — Went by the property, still has debris in back yard. Case #17-026 Kevin &Melissa Deese 1612 NW 7t" Avenue CH 30 Sec: 30-43 Public Nuisance CH 70 Sec:70-302 Permit • 01/25/2017 — Sent Courtesy Card. • 06/06/2017 - Sent second Courtesy Card. • 08/28/2017 — Sent Notice of Violation. • 08/30/2017 — Notice of Violation received, signature not legible. • 09/26/2017 — Mailed Notice to Appear. • 09/27/2017 — Notice to Appear received, signed for by Melissa Deese. • 09/29/2017 — Posted property with Notice to Appear. R' Via. � -�! ,/�� `^d' • t.$ .. x'cr'• x `` f A 2017/10/10 09:22 2017/10/10 09:25 0C o 101 ao ir1 Case No 16-015 17-012 CODE ENFORCEMENT BOARD October 10, 2017 Name Fine Started Filed 90 Days Leon & Tisha Edouard $25/day 6/03/16 8/03/16 11/01/16 903 SE 8th Avenue Juan & Lydia Almodovar $15/day 9/17/17 1804 NW 71h Avenue * Distributed at meeting for informational purposes only. Code Board Action 5/10/16 - Imposed fine for disabled vehicle & permit 8/08/17 - Imposed fine for disabled vehicle & cleaning