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2017-12-121 CITY OF OKEECHOBEE DECEMBER 12, 2017 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 i ^+�:; C" i n y} x$ I tom.: W .^s'4i . ". 4` xK''?" Ry. � .f� 1 �- `ca ...� ;. .. . : i , }.% .. R�,N , .T ` . , v . M� >. BOARD' -,DISCUSSION -VOTE II I. CALL TO ORDER - Chairperson. December 12, 2017 Regular Meeting, City Hall, 55 SE 3`d Avenue 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 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 10, 2017 Regular Meeting. Chairperson Gamiotea called the December 12, 2017, Regular Meeting to order at 6:30 pm, in the City Council Chambers, located at 55 SE 3`d Avenue, Room 200, Okeechobee, Florida. Pledge of Allegiance was led by Chairperson Gamiotea. Present Present Present Present Present Present Present (Beverly Bernst was a voting member filling the vacant member seat) Absent Absent Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for October 10, 2017; seconded by Member Denisuk. There was no discussion on this item. VOTE GAMIOTEA - YES CLOSE - YES CONRAD - YES DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of Code Officer Sterling requested Case 14-059 Tax Ease Florida REO be withdrawn from today's agenda. items on today's agenda. DECEMBER 12, 2017 - CEB REGULAR MEETING - PAGE 2 OF 4 VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 17-028 Lorene Mott. 1006 SW 5`h Avenue Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification BOARD ACTION . DISCUSSION - VOTE 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 notice of violation/notice of hearing sent by certified mail to the property owner's address and was received by Linda Parker. He stated the property is very overgrown and neighbors have told him someone is living in the house possibly a squatter. Chairperson Gamiotea asked if contact had been made with anyone living in the house. Officer Sterling said he was unable to talk with anyone at the residence. Chairperson Gamiotea had some concerns regarding the safety of neighbors if a squatter was possibly living in the house. He stated it was the City's responsibility to be diligent in protecting the safety of the community. He suggested having Fire Chief Smith and Police Chief Peterson work together to determine exactly who is living in the house and if they are legally permitted to be there. Member Close moved to find Case No.17-028, Lorene Mott at 1006 SW 5th Avenue 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-five days after receipt of proper notification; seconded by Member Pippin. GAMIOTEA - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED 1 1 DECEMBER 12, 2017 -CEB REGULAR MEETING - PAGE 3 OF 4 Case No. 17-036 Officer Sterling testified notice of violation/notice of hearing sent via certified to the property owner's address & received. Also, Brenda Kemp. 800 SW 2nd Avenue notice of hearing was posted on the property. Code Officer Sterling stated this is a repeat violation. In August 2017 the same Ch 30 Sec 30-43 Public nuisance property was found in violation of public nuisance and general cleaning, but came into compliance before the fine was imposed. Ch 30 Sec 30-44 General cleaning & beautification Mr. Sterling said he has been communicating with the property owner's son, Wayne Purvis. Mr. Purvis said his brother would mow the property. Officer Sterling said the property was haphazardly mowed but the tree limbs and debris is still there. Ms. Jennifer Tewksberry addressed the board stating she is the neighbor and in her opinion the property has never been in full compliance since she moved there in 2015. She was concerned they would continue to mow haphazardly and nothing would be done to clean and remove debris. Chairperson Gamiotea said the location of the property which is right next to the school board office makes it crucial to get the property cleaned quickly. Member Bernst asked if the fence repair would be included before the property was found in compliance. Officer Sterling stated that would be included under public nuisance. Member Conrad moved to find Case 17-036, Brenda Kemp, 800 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, imposing a fine of fifty dollars per day beginning upon receipt of proper notification, in addition a recommendation was made to have the City abate the nuisance, if the property owner does not comply. All costs incurred by the City for mowing and cleaning would be assessed as a lien on the property; seconded by Member Close. VOTE GAMIOTEA - YES CLOSE - YES CONRAD- YES DENISUK - YES SANDERS - YES BERNST - YES MOTION CARRIED. 1 PIPPIN - YES 831 AGENDA ADJOURNMENT - CHAIRPERSON GAMIOTEA. Jamie Gamiotea, Chairperson /_�11111rx.1r 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. DECEMBER 12, 2017 - CEB REGULAR MEETING - PAGE 4 OF 4 BOARD ACTION' DISCUSSION -VOTE . THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:08 P.M. 1 Okeechol � e��. 107 SW 17th strket, Suite . j✓ '� ANDEPENDENT Okeechobee, .rida 3404 � 863-76�4,34 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 Flo ida, t�aj the attached copy of advertisement being a_t�,lc in the matter of VtStSi�L11t 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. Z4�L -C:� Katrina Elsken Sworn to and subscribed before me ` day of -1-o-othi¢ 20 a 1 AD Notary Public, State of Florida at Large ___ 4 •: ?�••., ANGIE BRIDGES W COMMISSION # FF 976149 :.'} EXPIRES: Apr9 20 2020 Bonded Thru Notary Ptft Undemiriters 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 Tutx., Dec 12, 2017 1.11 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Gm 200, Okeechobee, FL The public Is invited and encouraged to at- tend. The agenda may be obtained from cityofokeechobee.am or by Calling the Code Enforcement Office, 863-763.9795. ANY PERSON DECIDING TO APPEAL any deasion made by the CEB with respect to any malber wrWdered 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 whkh the appeal will be based. In accordance with the Americans with Disabilities Act (ADO), any person with a disability defined by this p the ADA, that needs special accommodation to participate In days nr o ro proceeding, She Rr ADeppartrnent no later than two business 95. BE ADVISED that should you intend to show any document, picture, video or Items to the CEB in support or opposition to any item or the agenda, a ropy of the document, picture, video, or item must be provided to the Board Secretary for the Ctys records. By: Chairperson Jamie Gamiotea CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD DECEMBER 12, 2017 OFFICIAL AGENDA I. CALL TO ORDER -Chairperson: December 12, 2017 Regular Meeting, 6:30 pm, City Hall, 55 SE 3`d Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. 111. 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 / ` 1 / Alternate Member Beverly Bernst ✓ Vj Mevn^�7�!!l V1i- rn 5e 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 October 10, 2017 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 0ad,"— 6 P,/Y) `f12e&z / 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 17-028 Lorene Mott 1006 SW 51h Avenue 17-036 Brenda Kemp 800 SW 2od Avenue 14-059 Tax Ease Florida REO LLC 1018 NW 51h Avenue Vill. ADJOURN MEETING - Chairperson Violation Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Consider recommending foreclosure 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. I/P k-� Xhi b iq' City of Okeechobee Code Board Meeting December 12Y 2017 Case #17-028 Lorene Mott 1006 SW 5thAvenue CH 30 Sec 30-43 Public Nuisance CH 30 Sec 30-44 General Cleaning & Beautification 08/18/2017 — Sent Courtesy Card. 10/09/2017 — Mailed Notice of Violation. 10/11/2017 — Posted property with Notice of Violation. 10/19/2017 — Notice of Violation received, signed for by Linda Parker. 11/16/2017 — Mailed Notice to Appear. 11/21/2017 — Notice to Appear received, signed for by Linda Parker. I PAO* At .. A. 9� '{ ��- �, �y� :';��` �`• ems,... .�" �, ''.;$P: `i:e � `' m,'. —140 q, t )) } J a f -$tom s� � ^�-�#,,, • "� "� at p�', � �, � - ( e 3 a QJ�11 I t •"s � � a�, � a � c t�W �> f Tp°a: ,.. er'`'a� A �id: t '• ' w 10, �F w s , � it y $, its 41 � Wow . e .`.� � ' � •: .T_._.. � - sus, g 4 s Case #17-036 Brenda Kemp 800 SW 2"d Avenue CH 30, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning &Beautification Case #17-036 Brenda Kemp 08/08/2017 — Brenda Kemp Case #17-022 came before the Board. The board imposed a fine of $25.00 per day starting 15days after proper notification. 08/23/2017 — Property came into compliance. 11/27/2017 — Mailed Notice to appear. (Ms. Kemp is a repeat offender) 11/27/2017 — Posted property with Notice to Appear. 11/29/2017 — Notice to Appear received, signed for by Lory McAdams. Case #17-022 Brenda Kemp Photo taken 8/02/2017 Case #17-022 Brenda Kemp 800 SW 2"d Avenue CH 30, Sec 30-43 Public Nuisance CH 30, Sec 30-44 General Cleaning &Beautification 05/10/2017 — Received complaint about property @ 800 SW 2nd Ave. 05/18/2017 — Courtesy Card Sent. 07/13/2017 — Spoke to Mr. Purvis (Ms. Kemp's son). Explained what had to be done. He stated he would inform Ms. Kemp. 07/19/2017 — Property haphazardly mowed, debris not removed. 07/25/2017 — Posted property with Notice of Violation. 07/26/2017 — Mailed Notice to Appear. 08/02/2017 —Posted property with Notice to Appear. Case #14-059 Tax Easy Florida REO LLC 1018 NW 51hAvenue Consider Recommending Foreclosure • 08/11/2015 — Case came before Code Board. Fine of $25.00 per day starting 15 days after proper notification. • 09/12/2015 — Fine started. • 07/20/2016 — Property sold to Cape Disappointment LLC. • 06/12/2017 — Property sold to Markus Zehetmayer. CODE ENFORCEMENT BOARD December 12, 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`h Avenue 17-012 Juan & Lydia Almodovar $15/day 9/17/17 11/9/17 02/06/17 1804 NW 7" Avenue 17-015 Billy & Jerri Lynn Hill $15/day 11/04/17 1005 NW 81h Avenue 17-020 Kenneth Nichols $10/day 11/28/17 114 NE 111h Street * Distributed at meeting for informational purposes only. t b�- Wcz t eck 6r 12, Code Board Action 5/10/16 - Imposed fine: disabled vehicle & permit 8/08/17 - Imposed fine: disabled vehicle & cleaning 8/08/17 - Imposed fine: public nuisance 10/10/17 - Imposed fine: dis. vehicle & pub. nuisance � �h,y b;-�- �` .3 b e�Jernk�- !a� �.o c'7 � �, r� r a S �� � 1 � M .� � �I AN1, l_ � 1 4 �,i,' ,� � � � � '��i6� � �, (.l .!,' � - ~ �.:I l" � � �� � _t � � �, .� � i, r y� � i wr �r to / tr 4 p i _lb,d t Y r �•• 1 . it •X' n1'�\ 1r`,J.��,'��� � fw� �� s II � �*. y A.� � .. 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