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Okeechobee Park Street - Case #17-040 - ReleasedPREPARED BY AND RETURN TO: City of Okeechobee Code Enforcement Department 50 Southeast 2"d Avenue Okeechobee, Florida 34974 Official Records FIe�202�� P��S�"1 Jerald D Bryarrt Ndler C�erk of the Circuit CouR & C°mp Okeechobee, FL Recorded 6/1/2021 10:46 AM Fees: RECORDING $1Q.0� RELEASE OF LIEN The City of Okeechobee ("City"), is the owner and holder of the Lien/Order recorded on March 15, 2018 in OR Book 804, Pages 96 and 97 of the Official Records of Okeechobee County, Florida, claiming a Lien against the property described as follows: City Case No: Property Owner: Site Address: Legal Description Parcel ID No 17-040 Okeechobee Park Street LLC 100 Northwest Park Street Lots 1 through 12 of Block 155, Town of Okeechobee, according to the plat there of recorded in Plat Book 5, page 5, Public Records of Okeechobee County, Florida 3-15-37-35-0010-01550-0080 ("Property"). The City hereby fully releases said Lien/Order against the Property and considers same to be cancelled and discharged of record. While this Release of Lien is intended to fully and completely release the aforementioned Property from the Lien/Order, it is not intended to release or embrace contractual rights. City of Okeechobee � _�i�� owling R. atford, Jr., �,a or ll��! I8, Zo z i Date � Sworn to (or affirmed) and subscribed before, by means of 0 physical presence or ❑ online notarization, me this � g� day of MQ�f , 2021, by ,�� I . �/1%(2�1 {� , who is personally known to me or ❑ provided —� the following identification: Notary P b ic State of Florida NOTARY LIC �S1AY p�B�� BOBBIE JO JENKINS r : ...,. �, State of Florida at Large t , Commission��G9G3588 My Commission Expires: �;��'.o� ExpiresMarch21�2024 fFovF��Q' Band�dTlwBWgNNobrYS�rvkq CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, Okeechobee Park Street LLC / LIEN / ORDER CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-040 11311111111111111111111111111111111111111 Utl 20180f-13273 OR BK Boo PG 'Sidi SHARON ROBERTSON► CLERK & COMPTRV1t.::R OKEECHOBEE COUNTY► FLORIDA RECORDED 03/15/2018 09:56:48 AM RECORDING FEES $13.50 RECORDED BY M Pinon Pss 96 - 971 (2 ass) THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on January 9 , 20 18 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 8, 9, 10, 11 & 75 ft of Lot 12 Blk: 155 Section: City of Okeechobee Parcel: 3-15-37-35-0010-01550-0080 Property location: 100 NW Park Street, Okeechobee, FL Property owner: Okeechobee Park Street LLC Property has been found to have dead trees/vegetation, debris/trash and ground cover that has been washed away and needs to be replaced. (see enclosed) B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning and beautification concerning your property located at 100 NW Park St., Okeechobee, FL . If you do not contact the City within twenty-five dUs providing a time table outlining specifically when the landscaping issues listed above will be corrected, or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $50.00---- per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this �� day of 1 Lr' 'Ru 'Qx' Lt , 20 18 . CITY OF OKEECHOBEE, Petitioner Okeechobee Park Street LLC Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida e En cement Offic r ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling__ and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this Iday of J___ ,201$. NOTARY PUBLIC My Commission expires: gar ►u4 i0A 0111WN • �qEg;hplZ{,�0 f� o.PA a5 aoao Please return to: City of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 357-1971 Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/Document April 28, 2021 Emailed Settlement approval letter to Joe at Walgreens. May 6, 2021 Payment received for approved settlement in the amount of $9,920.00, Cashier's Check No 1019459057. Payment given to Melissa at City Hall. May 7, 2021 Release of Lien/Order prepared. June 1, 2021 Release of Lien/Order recorded at the Okeechobee Clerk of Court. June 8, 2021 Release of Lien/Order mailed certified return receipt. Received by Walgreens Case Closed. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/Document February 8, 2021 Code Officer Smith checked the property, and the property is still in compliance. Spoke with Chief and Major they advised for a Demand Letter be sent to the Property Owner and then proceed to City Council. Updated City Attorney Kowalsky. Spoke with Attorney Kowalsky and Greg they will be sending a demand letter along with a drafted foreclosure complaint. Will send the letter and drafted complaint over tomorrow for our review. February 17, 2021 Demand letter was drafted up by the City Attorney Greg Hyden and approved. Sent to the property owner along with a copy of the complaint and lien order. February 26, 2021 Code Officer Smith spoke with Joe Rieger contact # 954-243-0006, email address: Joe.Rieqer�a.walqre2ns.com March 1, 2021 Code Officer Smith emailed SOV/NOH for the March 9'" Code Enforcement Hearing with receipt acknowledgment to Mr. Rieger. He replied that he received the email and will respond to all tomorrow. March 3, 2021 Received email from Joe Rieger advising that Mark Rouer, District Manager of the store will attend the Code Enforcement hearing on March 9, 2021. Received fine reduction request and signed hand delivery receipt for the SOV/NOV. Fine reduction request placed in file. March 9, 2021 Case was presented to the Special Magistrate he ruled that a settlement had been reached. Case will be presented to City Council on April 6, 2021 for approval. March 12, 2021 Backup memo and Fine Reduction form emailed to Robin to add case to the agenda for the City Council meeting on April 6, 2021. April 6, 2021 Case was not presented to City Council scheduled for the next meeting on April 20, 2021. April 9, 2021 Backup memo and Fine Reduction form emailed to Robin to add case to the City Council meeting on April 20, 2021. April 20, 2021 Case presented to City Council for approval of Settlement Proposal. Settlement Proposal approved for $9,920.00. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/Document August 6, 2018 Officer Sterling hand delivered the Notice of Lien — Foreclosure to the store and was signed by Deepak Sharma August 30, 2018 A letter of intent for foreclosure due to the fine accruing for over 90 days. This was sent Certified mail and returned September 10, 2018 signed by Jackie Moody. A copy was also hand delivered to the store and signed for by Ernie Saucedo September 11, Code Officer Sterling emailed Bill Sandritter the City Ordinances on 2018 Landscaping Chapter 90 Section 90-515 thru 90-530. He also emailed Mr. Sandritter a crude plan for the Walgreens landscaping re-vitalization with multiple pictures. Bill Sandritter's contact #407-637-6942, Walgreens Landscaping Fax # 407-734-1770. September 21, Mr. Sandritter email Code Officer Sterling a crude plan for the Walgreens 2018 Landscaping re-vitalization. Advising that they were ready to start installation once they were given permission. October 10, 2018 Property in compliance. October 30, 2019 A collection letter was mailed Certified Return Receipt with the fine being at $11,650.00. The fine had run from February 18, 2018 to December 18, 2018. Green card was returned signed by a stamp Walgreens 200 Wilmont Rd, Deerfield, IL November 21, William Sandritter emailed Officer Sterling asking to receive a fine 2019 reduction form. On November 22, 2019 at 9:00 am a copy was emailed to Mr. Sandritter. To date we have not received the form back or hear anything out of Walgreens. March 4, 2020 Emailed to Attorney at 1:53 pm August 19, 2020 Called Mr. Sandritter at 9:27 am- left message. August 19, 2020 Assistant Manager Rick gave us address: Consumer Relations, Walgreens CO 200 Wilmart Road, Deerfield, IL 60015.Contact Phone # 847-914-2500, Fax # 840-914-2804. February 5, 2021 Contacted by City Attorney Carlyn Kowalsky reference to update on file. She advised that we need to follow up with the Chief and Major and recheck the property to make sure they are still in compliance. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/Document December 7, 2017 Property Owner: Okeechobee Park St LLC (Walgreens) Address: 100 NW Park Street, Okeechobee, Violation of Untended Vegetation, CH 30, Sec 30-44-General Cleaning, and CH 30, Sec 30-44-Public Nuisance. Need to mow property, trim shrubbery, and remove yard debris and trash. They also need to plant new vegetation on the property. December 7, 2017 Notice of Violation and Notice of Hearing was mailed out Certified Return Receipt mail and was returned on December 12, 2017 signed by John Zorzy. January 9, 2018 Case was presented before the CEB. Based on the testimony of Code Officer Sterling, recommending a copy of City Ordinance CH 30 Sec 30-44 including subsections (fl and (g) be sent to Okeechobee Park LLC allowing 25 days from receipt of proper notification to contact City Staff with a timetable stating their intentions for landscaping improvements and maintenance, if the City has not received a specific timetable for the work to be done by the end of the twenty five day period a fine of fifty dollars a day will be imposed seconded by Member Pippin. January 12, 2018 Lien/Order mailed certified return receipt to Okeechobee Park Street, LLC Received on January 16, 2018, signed by Kieran Martin. January 17, 2018 Lien/Order mailed certified return receipt to Lazar Jones, District Manager. Received on January 24, 2018 signed by Jackie Moody. February 19, 2018 $50.00 per day fine imposed for violation of code CH 30 Sec 30-43- Public Nuisance and CH 30 Sec 30-44- General Cleaning and Beautification. March 15, 2018 Lien/Order recorded, if property owner does not contact the City within 25 days providing a timetable outlining specifically when the landscaping issues listed will be corrected, or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $50.00 per day commencing that date and continuing daily until the violation is corrected or the City is notified by you and verifies the correction, whichever comes first. August 2, 2018 City Attorney John Cook sent a letter to Walgreens regarding code lien. Stating that the code board found Walgreens in violation and imposed a $50.00 a day fine on January 9, 2018. Currently the fine was at $8,250.00. The green card was returned on August 6, 2018 signed by John Zorzy ■ Guiil�Slete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if sqace qermits. Article Addressed to: Consumer Relations Wa�careens Co 20(��Nilmart Road Dee�'field, IL 60015 A. SignatureW�L(��Ey��'-,,. X QQp WILMOT RD ❑ Agent ❑ Addressee B. Rec ' � f tl ame C. Date of Delivery D. IG r�au��P�� ar�dress different from item 17 ❑ Yes delivery address below: ❑ No �rr� ( I I I I I'I II I I I I I � I I '�' i I I ❑ Cert fied M i�� Restricted Delivery 9590 9402 6596 1028 9879 62 � Certified Mail Restricted Delivery ❑ Collect on Delivery _ 2. Artirla Number (Transfer from service IabeQ ❑ Collect on Delivery Restricted Delivery ... .. . . — -- vlail ip 1, 9 2 9 7 0 � � 0 � 1, 81,1, 3 8 8 5 0�� Restricted Delivery PS Form 3811 , July 2020 PSN 7530-02-000-9053 ❑ Priority Mail Express� ❑ Registered MaiIT^' ❑ Registered Mail Restricted: Delivery �Slgnature ConfirmationTM Signature Confirmation Restricted Delivery Domestic Return Receipt USPS TRACKIhlG # � First-Class Ma ' . ��`��' Postage & Fee —�+d USPS � �_. Permit No. G-10 � 9590 9�1�2 6596 1�28 9879 62 e�� United State P� W N > N ... � W C� Z _ � W �' �m ��a�� - i rl _ i�l /T, • Sender: Please print your name, address, and ZIP+4° in this box• City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, FL. 34974 �il��lii'�,��l�'i�lliti��i�i�"I�j��i��l��!)li��ji�il�if��i�i �. ��estic Mail Onty � For delivery info.rmation, visit our webs .■ O ❑ Return Recelpt (hardcopy) $ � ❑ Return Recelpt (electronlc) $ � ❑ CertNiad Mall Restricted Oelivery $ � ❑ Adult Slgnalure Requlred $ ❑ Adult Signature Restdcted Delivery $ � Postage r- $ � Total Postage and Fees RJ � � � Sent To D,,,�(� A � 5��1.an t. .. o �4; oJ�lyO. �l !1 1 � / � A�. _ i '� C.J�" ' � Pj i� Posimark Here �- 6}'1 / I �_______________________' CITY OF OKEECHOBEE, FLORIDA � ,� t�.; 55 S.E. 3rd Avenue, Okeechobee, FL 34914 N� � � � �� -• (863) 763•3372 _ �(�aa � 20 � rc� s �, �%oZ(� . �� CLERK TO: ITEM NO 1 DESCRIPTION Attorney Fees ��c ��sQis 4�9ia�> �iQ1�lt�.1G'�� 1GV7S-G��f /.VV1 �SCII'ttlt�4��I� 4i9i2Ij Kernp 12095-25577.003 (stmnt2459204/9/2t) Radriguez 12Q95-26577.005 �stt��t aas�ai ai9i2i� Cappetta 12095-26577.006 ��ca�+s9a24r9izi� S FL B$� I ZOyS-272fs3 ��t zasszs 4iyi2r> Walgreens 12095-26577.008 ��,c Zas923 ai9izi> TOTAL PO A�ount $ 56,400.00 2/3/21 Add'I funds 25,000.00 Reqs. 74,391.33`✓ Bal:�nce $ 7,OO�S.G7'� ,� � 5 `� �. CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. NO. 59-6000393 �z3. i�Y 960.96 � 385.00'+% 425.54✓ i 072.50+� 1182.50:/ 14352.27 /� AUTHORI2E SIGNATUR h VOUCHER CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2903 863-763-3372 Nason Ye�ger Gerso� H�rris & Fumero, P.A. 3001 PGA Boulevard, Suite 305 Palm Beacl� Gard�s�s, F`I. 334i0 ACCT. NUMBER I QUANTITY I UNIT PO 5015 Draw 8 � � � � �� .� ��..� � -f..� � DKee�tiobee Axrk Si'�Wal9re�s� Li-en F;�� 5/4/2021 UNIT AMOUNT $9,400.d0 PARTIAL( ) FINAL c ' RECEIVED MAY 0 5 102� ��IC �F �9i�ERACA"��;-�<. .... , _ ;; ,.:-. � Ba:nk ef Amet�C,a, l� A, ' " Void after,9 =S�n Autonio, Texas � ' pAY � �. ISCpOSIt SEPViC6S • � a, - ONLY ' ��1"$ 0065594 `"�'DQ ;, �, . ' ' " PAY Nine thousand nine hundred finrenty dollars and 00{100 �.�, ' q >. - .. . . . N � --- N To The City of Okeechobee ' �, Order Of Store Violation SR1-40370434884 Remitter: WALGREEN CO ri:.. . ,,..., - �: � � , . yS ,�, '� � 3o=aii:)ao �� DATE ; �� „�0413�/�1 � Q�3 23 3.2 PM .� � J� ' / � / � � � � �� *$9,920.00�� Cashier's Check No 1019459057 Void Over $9,920.00 ii' �019459057ii' �: i �40000 L9�: 00 L64 L000 .__ t��'� �i iNE ORI�al�3,�L. CFOCUMENT H.QS A REFLEC"i4VE WATERMARK ON THE BACK. � HOLD AT faf�! ANC2LE TQ VIEW WHEN CH�GK�NG THE ENDORSEMENTS. �, ` r+��l'or�b'rffr ''. ; �4 . "�ry�„ � �. r�„ � �,'a. � �'� i �: �'. �', :t .' City of Okeechobee Code Enforcement 50 SE 2"d Street Okeechobee, Florida 34974 (863)763-9795 April 28, 2021 Joe Rieger 11650 Miramar Pkwy. Suite 101 Miramar, FL. 33025 Regarding: Okeechobee Park St LLC (Walgreens) Address: 100 NW Park St, Okeechobee, FL. 34974 Case # 17-040 Mr. Rieger, City Council approved the Settlement Proposal on April 20, 2021 in the amount of $9,920.00. Please remit payment in the form of a Cashier's Check payable to the City of Okeechobee reference Case #17-040. Payments can be paid by mail to: City of Okeechobee Code Enforcement 50 SE 2"d Ave. Okeechobee, FL. 34974 or In person during regular business hours Monday-Friday 8:30 am to 5:00 pm. City of Okeechobee Code Enforcement 50 SE 2"d Ave. Okeechobee, FL. 34974 Sincerely, G��'atr,�a Lwcl Christina Curl City of Okeechobee Assistant Code Enforcement Officer 863-763-9795 ccurl@cityofokeechobee.com VI. NEW BUSINESS CONTINUED ITEM A. CONTINUED: A typographical error was noted to be corrected. Unstrike the words "Sec. 90-483. - Modification of parking and loading space requirements. Modification of parking and loading space requirements shall be as follows:" within Section 2 of proposed Ordinance No. 1223. 141 -' �y � � � � Motion by Council Member Clark, seconded by Council Member Jarriel to approve the first reading of proposed Ordinance No. 1223. Motion Carried Unanimously. �irnl greev�S � � � L � c.n B. Motion by Council Member Jarriel, seconded by Council Member Clark to read � �� - � y 0 proposed Ordin�nce No. 1224 by title only, regarding LDR Text Amendment Application No. 21-002-TA, and set May 18, 2021 as a Final Public Hearing date. Motion Carried Unanimously. City Attorney Fumero read proposed Ordinance No. 1224 by title oniy as fo�lows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE HOLDING REZONING PROGRAM, PROVIDING INCENTIVES FOR OWNERS OF PROPERTIES ZONED HOLDING TO REZONE TO OTHER ZONING DISTRICTS SUPPORTED BY THE LDR, REDUCING THE APPLICATION FEES AND APPLICATION SUBMITTAL REQUIREMENTS; AMENDING APPENDIX A OF THE LDR ADDING FORM 22, HOLDING ZONING DISTRICT BOUNDARY CHANGE PETITION; AMENDING APPENDIX C OF THE LDR ADDING AN APPLICATION FEE FOR REZONING PROPERTY ZONED HOLDING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE." Motion by Council Member Clark, seconded by Council Member Keefe to approve the first reading of proposed Ordinance No. 1224. Mr. David Feltenberger asked whether rezoning from Holding would cause an increase in property taxes. City Planning Consultant Mr. Ben Smith responded on vacant land it should not be substantial. Motion Carried Unanimously. C. Motion by Council Member Jarriel, seconded by Council Member Keefe to approve Proposal No. 20-4018.1 in the amount of $93,180.00 for the design of the Flagler Park Project by Calvin, Giordano & Associates. The PowerPoint presentation by Tammy Cook-Weedon has been incorporated into the minute file. Okeechobee Main Street Arts and Cultural Alliance representatives Bridgette Waldau and Kathy Scott addressed the Council. Motion Carried three to one. D. Motion by Council Member Clark, seconded by Council Member Jarriel to approve a Settlement of Final Judgement entered in City of Okeechobee v. Marvin W. Brantley, Case No. 2004 CA 309 related to real property [7.50 unplatted acresj located at 1905 South Parrott Avenue, Okeechobee. Motion Carri�d Unanimously. E. Motion by Council Member Clark, seconded by Council Member Jarriel to approve a Settlement Proposal in the amount of $9,920.00 [75-percent of lien plus attorney fees] in the case of City of Okeechobee v. Okeechobee Park Street, LLC [Walgreens, legal description: Lots 1 through 12 of Block 155, OKEECHOBEE, Plat Book 5, Page 5, public records of Okeechobee County, Florida], Code Enforcement Case No. 17-404. Motion Carried Unanimously. F. Motion by Council Member Clark, seconded by Council Member Jarriel to approve the Code Enforcement Special Magistrate r�commended fine reduction [to 50-p�rcent of the accumulated fines of $14,600.00 together with applicable administrative fees] for Code Enforcement Case No. 200312003, Bella Rose Day Spa, 311 Northeast 2"d Street [legal description: Lots 11 and 12 of Block 143, CITY OF OKEECHOBEE, Plat Book 5, Page 5, public records of Okeechobee County, Florida]. Attorney Don Dunton addressed the Council on behalf of Mr. and Mrs. Bill and Darla Rose. Motion Carried three to one. MAYOR WATFORD RECESSED THE MEETING AT 7:53 P.M. AND RECONVENED AT 8:00 P.M. Minutes, April 20, 2021, Page 2 of 3 ; �, � .v� � `� , � '� ; ;_; 4�� Lane Gamiotea In1ul yre�cNS l�en �1,�. From: Sent: To: Cc: Subject: Dear City Council- City Attorney Friday, April 16, 2021 5:50 PM Marcos Montes De Oca Carlyn H. Kowalsky; Missy Hernandez; Robin Brock Ordinances/Lien Foreclosure Cases -- City Attorney Update This is to provide you with an update of code enforcement and related matters which the City Attorney's office is working on. Ordinances: The code enforcement ordinance is being updated to, among other things, reflect that the City has a magistrate process rather than a code enforcement board and increasing the administrative fee. The updated ordinance will be presented for final reading at the City Council meeting on May 18, 2021. The updated ordinance will ensure that the City's code is consistent with the authority provided by Florida statutes. The revised ordinance will include the changes requested by City Council following the first reading. I will be scheduling individual briefings with each of you to go over this ordinance before it is presented to you for adoption. Lien Foreclosure Cases: 502 S.E. 10th Avenue (City of Okeechobee v. Cappetta): this is a lien foreclosure case wherein, per direction from City Council, we filed the Complaint on October 30, 2020. We proceeded expeditiously and filed our Motion for Default Final Judgment on January 1, 2021 which was granted on February 17, 2021. The property was auctioned off on April 14, 2021. We are awaiting the Certificate of Title to determine who the new record owner is. The property is subject to existing tax lien certificates so it is possible that the property will have a new owner when the Tax Collector sets the tax lien certificate sale. 914 NW 2"d Street (City of Okeechobee v. Rodriguez): this was a lien foreclosure case wherein, per direction from City Council, we filed the Complaint on November 2, 2020. The matter was resolved via a Settlement Agreement entered into in February 2021. Therein, the Plaintiff agreed to pay the majority of the fines and all of the attorney's fees and costs. The Plaintiff further brought the property fully into compliance with the City's Code of Ordinances. We filed a Notice of Dismissal on March 10, 2021. 900 SW 2"d Avenue (City of Okeechobee v. Kemp): this is a lien foreclosure case wherein the City's prior attorney filed the Complaint on September 19, 2021. Upon being retained, we proceeded expeditiously and filed our Motion for Default Final Judgment on November 5, 2020 which was granted on December 11, 2021. The property was auctioned off on April 14, 2021. We are awaiting the Certificate of Title to determine who the new record owner is. The property is subject to existing tax lien certificates so it is possible that the property will have a new owner when the Tax Collector sets the tax lien certificate sale. 1905 S. Parrott Avenue (City of Okeechobee v. Brantley): this is a post-judgment matter we inherited from prior counsel. At the direction of City Council we procured an Order of Contempt against Brantley on September 21, 2020. As Brantley did not pay, we procured a monetary Judgment in the sum of $16,047.50 on November 19, 2020. In an effort to collect on the Judgment, we have set the matter for a Sheriff's Levy Sale. The Brantley's have offered to pay the Judgment in full and pay for all post- judgment attorney's fees and costs. 102 SW 14t" Street (City of Okeechobee v. South Florida Barbeque): this was a lien foreclosure case wherein, per direction from City Council, we filed the Complaint on December 18, 2020. The hearing on our Motion for Default Final Judgment was held on March 16, 2021. The Judge granted the Motion and the property will be sold at auction on June 7, 2021. We will receive the order shortly. 100 N. Park Street (Walgreens): This settlement proposal is on the City Council meeting for consideration on April 20, 2021. 1206 SW 5th Avenue (City of Okeechobee v. Mills): - City Council approved the settlement in this case on April 6, 2021. This matter is now closed. Other code enforcement activities: As you've heard, there is a lack of formal training for the city's new code enforcement staff because of a backlog created due to the pandemic. In its place, our office is continuing to work with staff to provide training to staff concerning the legal and practical requirements of code enforcement, and documenting cases. We are also working with them to update code enforcement forms, develop consistency, and help streamline the process. As always, should you have any questions or comments regarding code enforcement matters, please do not hesitate to contact me or Carlyn Kowalsky. To: City Council Members From: Robert Peterson, Chief of Police Carlyn Kowalsky, Assistant City Attorney Subject: Consider settlement proposal in the case of City of Okeechobee Florida v. Okeechobee Park Street, LLC, Case No. 17-404. (Walgreens parcel) Date: March 12, 2021 The Special Magistrate entered a Lien/Order against this property in Case Number 17- 040 on January 11, 2018, as a result of violations of Sections 30-43 and 30-44 of the City's Code of Ordinances. The City provided the 90 day notice letter to the property owner, Okeechobee Park Street, LLC on or about August 30, 2018. The Lien has continued to accrue daily fines of $50.00. The City provided a demand notice letter to the property owner, Okeechobee Park Street, LLC on or about February 17, 2021. The property owner has offered to settle the case and pay $9,920.00, to be immediately. This amount covers all of the City attorney's fee and costs plus seventy-five percent of the lien amount. Staff recommends acceptance of this settlement offer. �• .� � oKeec,►�obe.c. PaPlt� $% FINE REDUCTIONS REQUESTS CONTINUED L i�� F<<� (1�/u �tr.�,�, B. Case No. 200312003; Bella Rose Day Spa, 311 Northeast 2"d Street [Legal Description: Lots 11 and 12 of Block 143, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public recordsJ. Violation of Code of Ordinances Chapter 30, Sections 30-43 Pubiic nuisances, and 30-44 General cleaning and beautification. � Code Officer Smith testified a Courtesy Card was mailed on March 12, 2020, for violation of Chapter 30, Sections 30-43 and 30-44, and operating a business without a Business Tax Receipt. A Statement of Violation/Notice of Hearing was sent and signed for by Hailey M. The second Statement of Violation/Notice of Hearing was sent out on June 29, 2020, for the cancellation of the July Hearing due to illness; it was signed for by Amanda Markham. A third Statement of Violation/Notice of Hearing was mailed July 16, 2020, for the August Hearing and was signed for by Hailey M. This Case was found in violation on August 11, 2020. A fine of $100.00 per day after 14 days proper notification and a$50.00 administrative fee was imposed. The property was inspected and found to be non-compliant on August 19, 2020, and September 10� 2020. A Lien/Order was filed and mailed on September 22, 2020; it was signed for by Hailey M. on October 13, 2020, the fine began to accrue. A 90-day Letter was sent on January 15, 2021. Mrs. Rose submitted a request for a fine reduction on January 22, 2021. A fourth Statement of Violation/Notice of Hearing was hand delivered on March 5, 2021 after several attempts to contact Mr. Rose. The property was brought into compliance [insert date here], leaving an accrued fine of $14,600.00. The City recommended a fifty-percent reduction plus a$50.00 administrative fee. Mr. Rose requested that the Fine be reduced to $0.00, as he was unaware of the violations until later in the Case. Based on the evidence provided, Special Magistrate Azcona reserved ruling until the next day to review all evidence. Special Magistrate Azcona's report concluded that the fifty-percent reduction of the total fine was more than reasonable and fair under the facts and circumstances presented, and such reduction is in the best interest of the City of Okeechobee. All administrative fees previously assessed should remain. The Respondent should arrange a payment plan to pay the fines and fees within a reasonable time. C. Case No. 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street (Legal Description: Lots 1 through 12 of Block 155, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records], Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. City Attorney Kowalsky testified the City and Walgreens have agreed to $9,920.00 which is a reduction from the original fine that was due. Due to no response from the properly owner, a demand letter with an attached complaint was sent. Mr. Mark Rouer, the Walgreens representative, agreed there was a breakdown in communication. Walgreens prides itself on being a good business partner with the City and has brought the grounds into compliance. Based on the evidence provided, Special Magistrate Azcona ruled a settlement had been reach�d on Case No. 17-040. .' i, VII. ADJOURN MEETING �' � �� There being no further business to come before the Special Magistra,t�; �he aF1� ring was adjourned at 7:05 P.M. � _. _._. ..T _ , _ " A� T: . � �� Christina Curl Roger Azcona;`�pecial Magistrate % � /!' � Please take notice and be advised that when a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for o�cial records of the Clerk. March 09, 2021 Code Enforcement Hearing, Page 2 of 2 Okeechobee Citv Fiorida Code Comoliance Deoartrnent IN RE: The Matter of Ciry of Okeechobee v. Okeechobee Park Street LLC Compiaint #17-040 Respondent(s) Reauest for Reduction of Acerued Fine i, Joe Rieger, hereby request a reducGon of a fine imposed in the above referenced case and in support thereof would state the following informa6on: 1. My name and current mailing address are: Joe Rieger 11650 Miramar Pkwy #1 Dt Miramar, FL 33015 Office (954) 378-7900 Cell (954} 243-0006 2. Physical address of lhe properly xfifch was the subject of the violation: Walgreens 100 NW Park Street Okeechobee FL 32809 3. A Fine in the amount of $50.00 per day was imposed on the following date, August 2, 2018. 4. The violations were corrected, and I was advised that the property came into compliance on the foilowing date: October 10, 2018 5. I am requestlng that the accrued fine be reduced bom 511,650 plus $1,182,50 aBomey fees (25%) to 58,73�50 fine, p�us S1,t82.50 attorney fees, For a total amount due to the City of Okeechobee of 59,920.00 6. The accrued fine amount should be reduced because: From a misunderstanding from Walgreens that this violation was closed out in August 2, 2018 wilh no fines. Sorty but the fine no6ces were just mishandled my several people. Some of these people that mishandled these notices do not work for Walgreens now. i Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magisttate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the following person to appear in my place: Mark Route 7003 Presidents Drive Suite 250 Orlando F 32809 (321)289-9936 7. � ' Signature of Respondent Date: M�� l � ,�j '� oZ � omg instru nt was �_ day oF� Signature of Respondent Date: t to or,affirmed} and subscribed before me, by means of �physical presence or 20, `��_ 6y Signature of Florida PrinVfype/Stamped Na�of o ry My commission expires: � who praduced as identification. ��NE'SFj ��i � � �.��.5 .•NpTq p y.,�'�sG �L �ZJ• S2� S U �MyComm Expire�j p � � �DeCember01,2024: � i N S No. HH 68486 : � �'� 9j: • !; UB ��G,•' �04: ''�� O�` `` online notarization this 37 �;,�F �fi CITY OF OKEECHOBEE CODE ENFORCEMENT `' ;,�, �,�` 4;� r= MARCH 09, 2021 SPECIAL MAGISTRATE HEARING � : :'.;: �'" OFFICIAL MIlVUTES CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, March 09, 2021, at 6:30 P.M. in the City Council Chambers, located at 55 Southeast 3�d Avenue, Room 200, Okeechobee, Florida. The Pledge af Allegiance was led by Magistrate Azcona. II. ATTENDANCE Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, City Attorney Carlyn Kowalsky, Police Lieutenant Justin Bernst, Code Enforcement Officer Anthony Smith, and Deputy City Clerk Bobbie Jenkins were present. ill. CHANGES TO AGENDA Special Magistrate Azcona asked whether there were any agenda items to be addecJ, deferred, or withdrawn; Fine Reduction Request Item VI.C. will be hea�d before Item VI.A. as requested by City Attorney Kowalsky. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona approved the January 12, 2021, Hearing minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Roger Azcona, Esquire collectively administered an Oath to: Code Officers Smith and Curl, Mr. David Feltenberger, Mrs. Lisa Feltenberger, Mr. Bill Rose, and Mr. Mark Rouer; all affirmed. Code Officer Smith advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and support documents were all entered as part of the official record. V. CASES COMPLIED, CONTINUED, OR AMENDED A. Case No. 210210008; Sam Lane, 800 block of Northwest 10"' Street [Legal Description; Lots 1 and 2, Block 41, OKEECHOBEE, Plat Book 2, Page 17, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Section 30-44 General cleaning and beautification; Deferred until next scheduled Hearang. B. Case No. 210112019; Zaben Omar Nafal, 1000 Blk of West North Park Street [Legal Description NorthwestAddition Lots 15, 16, 17, 18, 19 and 20 Block 28, OKEECHOBEE, Plat Book 1, Page 25, Okeechobee County public records], was found to be in compliance on March 9, 2021. No action on this matter was requested but is noted for the record to have been in violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisance, Section 30-44 General cleaning and beautification. VI. FINE REDUCTION REQUESTS A. Case No. 190215011; Barbara Mills, 1206 Southwest 5�h Avenue [Legal Description: Lot 3, REPLOGLE'S SUBDIVISION, Plat Book 2, Page 87, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicle, Section 30-43 Public nuisances, and Section 30-44 General cleaning and beautification. City Attorney Carlyn Kowalsky testified this Case was currently in foreclosure but has recently been purchased. To date, the total fine accrued is $7,425.00 with accrued attorney fees of $3,217.50. David and Lisa Feltenberger, the new property owners, requested a fine reduction to ten percent of the total fine. The City recommended $3,985.00, which is the ten percent of the accrued fine, attorney fees, and the administrative fee. The property owners contested the amount and argued the billing of the attorney fees was inaccurate based on the information provided. It was requested by both parties to defer the Case to the next Hearing to allow the City and property owners time to resolve the attorney fees issue. Special Magistrate Azcona deferred Case fdo. 790215011 to the next scheduled Hearing. March 09, 2021 Code Enforcement Hearing, Page 1 of 2 � VI. FINE REDUCTIONS REQUESTS CONTINUED B. Case No. 200312003; Bella Rose Day Spa, 311 Northeast 2"d Street [Legal Description: Lots 11 and 12 of Block 143, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, and 30-44 General cleaning and beautification. Code Officer Smith testified a Courtesy Card was mailed on March 12, 2020, for violation of Chapte� 30, Sections 30-43 and 30-44, and operating a business without a Business Tax Receipt. A Statement of Violation/Notice of Hearing was sent and signed for by Hailey M. The second Statement of Violation/Notice of Hearing was sent out on June 29, 2020, for the cancellation of the July Hearing due to illness; it was signed for by Amanda Markham. A third Statement of Violation/Notice of Hearing was maifed July 16, 2020, for the August Hearing and was signed for by Hailey M. This Case was found in violation on August 11, 2020. A fine of $100.00 per day after 14 days proper notification and a$50.00 administrative fee was imposed. The property was inspected and found to be non-compliant on August 19, 2020, and September 10� 2020. A Lien/Order was filed and mailed on September 22, 2020; it was signed for by Hailey M. on October 13, 2020, the fine began to accrue. A 90-day Letter was sent on January 15, 2021. Mrs. Rose submitted a request for a fine reduction on January 22, 2021. A fourth Statement of Violation/Notice of Hearing was hand delivered on March 5, 2021 after several attempts to contact Mr. Rose. The property was brought into compliance [insert date here], leaving an accrued fine of $14,600.00. The City recommended a fifty-percent reduction plus a$50.00 administrative fee. Mr. Rose requested that the Fine be reduced to $0.00, as he was unaware of the violations until later in the Case. Based on the evidence provided, Special Magistrate Azcona reserved ruling until the next day to review alt evidence. Special Magistrate Azcona's report concluded that the fifty-percent reduction of the total fine was more than reasonable and fair under the facts and circumstances presented, and such teduction is in the best interest of the City of Okeechobee. All administrative fees previously assessed should remain. The Respondent should arrange a payment plan to pay the fines and fees within a reasonable time. C. Case No. 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street [Legal Description: Lots 1 through 12 of Block 155, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. City Attorney Kowalsky testified the City and Walgreens have agreed to $9,920.00 which is a reduction from the original fine that was due. Due to no response from the property owner, a demand letter with an attached complaint was sent. Mr. Mark Rouer, the Walgreens representative, agreed there was a breakdown in communication. Walgreens prides itself on being a good business partner with the City and has brought the grounds into compliance. Based on the evidenCe provided, Special Magistrate Azcona ruled a settlement had been reached on Case No. 17-040. VII. ADJOURN MEETING There being no further business to come before the Special adjourned at 7:05 P.M. � A�ST: �, e�� . �.�,� Christina Curl was ; _—_�---- ; � � __.-�-'""_ Azcona, jb'pecial Magistrate Please take notice and be advised that when a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. March 09, 2021 Code Enforcement Hearing, Page 2 of 2 _� .�;-�, .;. •" ' � � --:•-, ��: _ �� ;: City of �keechobee Code Enforcement 50 SE 2"d Street Okeechobee, Florida 34974 (863)763-9795 RECEIPT (If Served by Hand Delivery) 1 have received a copy of the Statemen` of Violation and Notice of Hearing that wil( be held in this cause before the City of Okeechobee Code Enforcement Magistrate on March 9, 2021 at 6:30 PM., located at 55 SE 3�d Ave, Okeechobee City Hall, Okeechobee, FL. 34974 in Council Chambers. C Prop rty/ siness Owner Signature �o s �L(� � �l G"„ � ��G ��! i2. Property Owner Name (Printed) �i�G 6� � 2-0 Z � Date Okeechobee Citv, Florida Code Comoliaace Deoartment IN RE: The Matter of City of Okeechobee v. Okeechobee Park Street LLC Complaint #17-040 Respondent(s) Reauest for Reduction of Accrued Fine I, Joe Rieger, hereby request a reduction of a fine imposed in the above referenced case and in support ihereof would state the following information: �. My name and current mailing address are: Joe Rieger 11650 Miramar Pkwy #7 01 Miramar, FL 33015 Office (954) 378-7900 Cell (954) 243-0006 2. Physical address of the property which was the subject of the violation: Walgreens 100 NW Park Sheet Okeechobee FL 32809 3. A Fine in the amount of $50.00 per day was imposed on the following date, August 2, 2018. 4. The violations were corrected, and I was advised that the property came into comptiance on the foilowing date: October 10, 2018 5. I am requesting that the accrued fine be reduced from $11,650 plus $1,182.50 attomey fees (25%) to $8,73�50 fine, plus $1,182.50 attorney fees, For a total amount due to the City of Okeecho6ee of $9,920.00 6. The accrued fine amount should be reduced because: From a misunderstanding from Walgreens that this violation was closed out i� August 2, 2018 with no fines. Sorry but the fine notices were just mishandled my several people. Some of these people that mishandled these notices do not work for Walgreens now. I Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magistiate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the foilowing person to appear in my place: Mark Route �003 Presidents Drive Suite 250 Orlando F 32809 (3211 289-9936 i. L� Signature of Respondent Date: fVI �'�� ZOZ� Signature of Respondent Date: i to or,affirmed) and subscribed before me, by 20 means of�physical presence or online notarization this identification. OF F` �+�� Christina Curl From: Anthony Smith Sent: Thursday, March 4, 2021 929 AM To: Christina Curl Subject: FW: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC _ Fine reduction Attachments: Walgreens at 100 Park St. Okeechobee FL Fine Reduction Form 3-3-2021.pdf; Walgreens Chronology.pdf; 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC; Walgreen receipt of hearing 3-9-2021 at 6-30 PM.pdf Anthony Smith City of Okeechobee Code Enforcement Officer 50 SE 2"d Ave. Okeechobee, FL. 34974 (863)763-2626 Extension 9795 Fax (863) 763-7804 -; 4{';`, ii� ��ii!%F f,Cy�,,4 ,� Z." � 4 •«'`?'��-r:y��+-fj' Y. NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Rieger, Joe <joe.rieger@walgreens.com> Sent: Wednesday, March 3, 2021 5:58 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com>; Anthony Smith <asmith@cityofokeechobee.com>; Rouer, Mark <mark.rouer@walgreens.com> Cc: Lawson, Gary <gary.lawson@walgreens.com>; Gregg A. Dunn <opsgregg@yahoo.com>; Ware, Kelly <kelly.ware@walgreens.com>; City Attorney <cityattorney@cityofokeechobee.com> Subject: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC _ Fine reduction Hello Carlyn/ Anthony Walgreens, Mark Rouer District Manager of this store at 100 Park Street Okeechobee Florida will attend the hearing at City of Okeechobee Code Enforcement Magistrate on Tuesday the 9th day of March at 630 PM located at SS SE 3�d Avenue Okeechobee City Hall. Okeechobee Florida 34974 in Council Chambers. Attached is the request for a fine Reduction. If this reduced amount is accepted, please provide this group an invoice and where to mail the check too. Thanks you for helping Walgreens with this problem and call me with any question. Evening Mark Rouer Please call me tomorrow. Sincerely, Joe Rieger Regional StoreCare Manager Region 6 11650 Miramar Pkwy. Suite 101 Miramar, FL 33025 Office Number (954) 378-7900 Direct Number (954) 378-7905 Cell Number (954) 243-0006 Fax Number (954) 378-7799 E-mail ioe.rieqer(c�walareens.com — _ _�_ �.-----�--�•---�--•-- I X � �' This email message, including attachments, may contain information that is proprietary, confidential, privileged and/or exempt from disclosure. Please hold it in confidence to protect privilege and confidentiality. If you are not the intended recipient, then please notify the sender and delete this message. Any viewing, copying, publishing, disclosure, distribution of this information, or the taking of any action in reliance on the contents of this message by unintended recipients is prohibited and may constitute a violation of the Electronic Communications Privacy Act. From: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Sent: Tuesday, March 02, 2021 5:51 PM To: Rieger, Joe <]oe.rie�er@wal�reens.com> Subject: RE: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC t�..1 l 1 f�'; : This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Joe As we discussed yesterday, I am sending you information from the City's files in an effort to find out who was notified at Walgreens and your landlord, Okeechobee Park Street regarding this code enforcement case. I understand that you already have a copy of the Lien/Order and the Fine Reduction Form. As you know this matter is scheduled to be heard at the March 9, 2021 code enforcement hearing. We appreciate your efforts to resolve this outstanding case. My understanding is that the amounts pending are: $11,650 in fines plus $1,182.50 in attorney's fees. The City is willing to recommend a 25% fine reduction, bringing the amount to &8,737,50 +$1,182.50 for a total due of $9,920. Once you have reviewed this information, please give me a call so that we can be prepared to make a recommendation to the Magistrate at next week's hearing. You will need to complete the fine reduction form and send it to us beforehand. Carlyn 561-248-3922 From: Rieger, Joe fmailto:ioe.rie�er@wal�reens.com] Sent: Monday, March 1, 2021 12:47 PM To: asmith@citvofokeechobee.com Cc: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Subject: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Afternoon Anthony I still did not receive your email, please resend? Joe Rieger Regional StoreCare Manager Region 6 Cell Number (954) 243-0006 Anthony Smith 863-763-2626 From: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Sent: Monday, March 01, 2021 11:39 AM To: Rieger, Joe <joe.rie�er@wal�reens.com> Subject: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC �: '� �, i 1( �'r This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Joe I will give you a call this afternoon. There is a one page fine reduction form for you to complete and we can do a simple stipulation to resolve the matter if the property is currently in compliance. Carlyn Get Outlook for iOS Carlyn H. Kowalsky Attorney at Law � �1a��r�Y�� +�r _ _ _ � � ��tt�c�tv t��. s� r�Ltr��Lxc�, o�,�,. Email: CKowalskv@nasonyeaqer.com i :��'"K��'`t' '" �'�t4 "`. i`'?'`i Tel: 561-982-7114 � Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI Mobile: 561-248-3922 � www. nasonveaqer.com Profile vCard The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and retum the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. "I'hink Grcen! Please do not print this e-mail unless absolutely necessary. From: Rieger, Joe <]oe.rie�er@wal�reens.com> Sent: Friday, February 26, 20214:54:53 PM To: Carlyn H. Kowalsky <CKowalskv@nasonyea�er.com> Cc: Ware, Kelly <kellv.ware@wal�reens.com>; Gregg A. Dunn <ops�re��@vahoo.com>; City Attorney <citvattornev@citvofokeechobee.com>; Missy Hernandez <mhernandez@nasonyea�er.com>; Stacey Janowitz <SJanowitz@nasonvea�er.com>; Greg Hyden <GHyden@nasonyea�er.com> Subject: Re: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Hi Carolyn Could you either please call me or email me on the next steps to close this case out. Appreciate all the help and have a great weekend. Joe Rieger Regional Store Care Manager 954-243-0006 Pardon me for any misspelled words or grammar errors, as this was sent via my cell phone. From: Greg Hyden <GHyden@nasonyea�er.com> Sent: Friday, February 26, 20213:30 PM To: Rieger, Joe Cc: Ware, Kelly; Gregg A. Dunn; City Attorney; Carlyn H. Kowalsky; Missy Hernandez; Stacey Janowitz Subject: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC i; r j'�; ; This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Rieger, I checked with the City and since there isn't an open Court case, you will need to go to the magistrate and the staff, on appropriate terms, will recommend settlement. Your contact that that is Carlyn Kowalsky, Esq. who is cc'ed to this email. Thanks! G reg Greg Hyden Attorney at Law 1 �asc��'�� r _ _____--- - � ��e�t7r�; ��.�5 �F��m�t�:ca,'�:��. Email: ahvden@nasonyeaqer.com :�'"Of::r�`�!' :°� "''`41 `�� 11`�`� Tel: 561-982-7114 � Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 �Boca Raton �FI www.nasonveaaer.com Profile vCard The information wntained in this hansmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. IF the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and remrn the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. W IRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact infoanation and NOT information provided in the email, to verify the information contained within said wire transfer instrucrions prior to sending funds pursuant to such wire transfer instructions. Think C rcen! Please do not print this e-mail unless absolutely necessary. From: Greg Hyden Sent: Friday, February 26, 2021 11:24 AM To: 'Rieger, Joe' <loe.rie�er@wal�reens.com> Cc: Ware, Kelly <kellv.ware@wal�reens.com>; Gregg A. Dunn <ops�re��@vahoo.com>; City Attorney <citvattornev@citvofokeechobee.com>; Carlyn H. Kowalsky <CKowalsky@nasonvea�er.com>; Missy Hernandez <mhernandez@nasonVea�er.com>; Stacey Janowitz (SJanowitz@nasonvea�er.com) <SJanowitz@nasonyea�er.com> Subject: RE: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Dear Mr. Rieger, 4 Thank you for the email. I will speak with the City and get back to you later today or early next week. Th a n ks, G reg From: Rieger, Joe [mailto:ioe.rie�er@wal�reens.com] Sent: Friday, February 26, 2021 11:03 AM To: Greg Hyden <GHyden@nasonyea�er.com> Cc: Ware, Kelly <kellv.ware@wal�reens.com>; Gregg A. Dunn <ops�re��@vahoo.com> Subject: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Importance: High Morning Mr. Hyden I apologize, but Walgreens was unaware that there was a fine on this location. By all means I would like to settle this case by paying $9,000 to close out this case. I would just need an invoice for this amount and who to send this too? Call me for the next steps on this problems, Thanks. Sincerely, Joe Rieger Regional StoreCare Manager Region 6 11650 Miramar Pkwy. Suite 101 Miramar, FL 33025 Office Number (954) 378-7900 Direct Number (954) 378-7905 Cell Number (954) 243-0006 Fax Number (954) 378-7799 E-mail ioe.rieaerCa�walcareens.com u .. 'ra.vw�v..�:.-'�9P�S.T,'e�z^ ..._....�. This email message, including attachments, may contain information that is proprietary, confidential, privileged and/or exempt from disclosure. Please hold it in confidence to protect privilege and confidentiality. If you are not the intended recipient, then please notify the sender and delete this message. Any viewing, copying, publishing, disclosure, distribution of this information, or the taking of any action in reliance on the contents of this message by unintended recipients is prohibited and may constitute a violation of the Electronic Communications Privacy Act. From: Ware, Kelly <kelly.ware@wal�reens.com> Sent: Thursday, February 25, 20213:39 PM To: Rieger,loe <joe.rie�er@wal�reens.com> Cc: William Sandritter <william sandritter@dvnaservfl.com> Subject: FW: City of Okeechobee v. Okeechobee Park Street LLC Hi Joe, William said you are working on this. Kelly Ware Regulatory Law — Citations Coordinator 104 Wilmot Road — MS 144K Deerfield, IL 60015 847-315-4031 Fax: 847-481-7906 5 Trusted sinc+e �'�0��'� From: Ware, Kelly Sent: Thursday, February 25, 20212:20 PM To: William Sandritter<william sandritter@dvnaservfl.com>; Bell, Carol <carol.bell@wal�reens.com>; Lawson, Gary <�ary.lawson@wal�reens.com> Cc: Hartzell, Suzanne <suzanne.hartzell@wal�reens.com> Subject: FW: City of Okeechobee v. Okeechobee Park Street LLC William, What is the status on this issue? Kelly Ware Regulatory Law — Citations Coordinator 104 Wilmot Road — MS 144K Deerfield, IL 60015 847-315-4031 Fax: 847-481-7906 Trus��d si�ce ��-" From: Hartzell, Suzanne <suzanne.hartzell@wal�reens.com> Sent: Thursday, February 25, 2021 1:31 PM To: leaseadministrationinvoice <leaseadministrationinvoice@wal�reens.com>; Ware, Kelly <kelly.ware@wal�reens.com> Cc: Gregg A. Dunn <ops�re�g@vahoo.com> Subject: FW: City of Okeechobee v. Okeechobee Park Street LLC Can anyone in your dept. help with this? Thanks, Suzanne Hartzell Senior Specialist, StoreCare+, Centralized Services Site Operations Walgreen Co. � 521 W. Avalon Avenue, Muscle Shoals, AL 35661 You may contact us at 1-844-STORECARE. {844) 786-7322 Option 1 for English and then Option 2 for Vendor and ask for me M-F 7am to 330pm CDST. Member of Walgreens Boots Alliance This email message, including attachments, is the property of Walgreen Co. or its affiliates. It is intended solely for the individuals or entities to which it is addressed. This message may contain information that is proprietary, confidential and subject to attorney-client privilege. If you are not the intended recipient, please immediately notify the sender and delete this message from your system. Any viewing, copyir.g, �ublishing, disclosure, distribution of th_s i.nfcrma��on, o= tt�e taking oi any action in reliance on the contents of this message by unintended recipients is strictly prohibited. From: Gregg A. Dunn <ops�re��@vahoo.com> Sent: Thursday, February 25, 2021 1:18 PM To: Hartzell, Suzanne <suzanne.hartzell@walgreens.com>; Rouer, Mark <mark.rouer@wal�reens.com> Subject: Re: City of Okeechobee v. Okeechobee Park Street LLC -. -, . '; This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Suzanne, Mark, I received the attached complaint and am unclear as to whom I am supposed to send this to. I was made aware of the problem they are referring to by Joe Rieger who was the regional store care manager covering my store. I was told that this problem had been taken care of and the fines have been paid. Can either of you tell me what my next steps should be? Thank you, Gregg A. Dunn Okeechobee Park Street, L.L.C. 20525 Nordhoff Street # 4 Chatsworth, CA 91311 Tel: 818) 259-8568 Fax: 818) 775-2973 IMPORTANT NOTICE: This message is intended only for the individual or individuals to whom it is directed. If you are not an intended recipient of this message (or responsible for delivery of this message to such person), any dissemination, distribution or copying of this communication is strictly prohibited and may be a crime. No confidentiality or privilege is waived or lost by any misdirection of this message. If you received this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender by return e-mail. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com _ _ _ __ _ _ . _ _ _ ___ This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://wvwv.mimecast.com _ _ _ _ 7 � CCr f � ��(��10� CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 Okeechobee Park St, LLC, Walgreens CO 863-763-9795 Phone 863-763-7804 FAX Date 02/26/2021 CASE NO. 17-040 ��1`��L�;IV1�:�1T ��1� �I�C)I��,�I�ION faR1�� 1��)1'1(;I_? OI� I-II��IN� .., _T� �-�.. <;KpoucE ee. �� y. ;.,F�L.�� Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I(hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 SeCtion 30-43 & 30-44 2. Address and Parcel# where violation exists: 100 NW PaPk St 3-15-37-35-0010-01550-0080 3. Name and address of properly owner or person in charge of location where violation exists: Okeechobee Park Street, LLC/Walgreens CO: 100 NW Park St 4. Description of Violation: Mow Vegetation, Trim shrubbery and remove yard debris/trash 5. Date violation must be corrected by:Jall 2, 2018 6. Date violation first observed on or about12/16/17 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 9th day March at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appeaz at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. Anthony Smith Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this heazing will need to ensure that a verbatun record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execurion of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelaz una orden administrativa fmal a la tribunal de circuito . Tal apelacion sera azchivada en el plazo de 30 dias de la firma de la orden que se apelaza. \1 Nason Yea er � G£iZ50�. } IARftlS & FUMLRO, PJ1. � e\i IORNEYS AI LA4V Csl. l9(� R. GREGORY HYDEN GMAIL ADDRESS: ghyden@nasonyeager.com February 17, 2021 VIA CERTIFIED MAIL RETURN RECIEPT REQUESTED Okeechobee Park Street, LLC Okeechobee Park Street, LLC Walgreens Co. Arin: Gregg Dunn Real Estate Property Tax 20525 Nordhoff Street, Suite 4 Deerfield, Illinois 60015 Chatsworth, California 91311 Re: City of Okeechobee v. Okeechobee Park Street LLC Code Enforcement Case Number: 17-040 Dear Mr. Dunn, DIRECT DIAL: (561) 471-3524 FAX NUMBER: (561)982-7II6 As you aware are, Okeechobee Park Street, LLC owns real property located at 100 N.W. Park Street, Okeechobee, Florida 34972 ("Property"). This correspondence is being sent to you regarding the outstanding fine of $11,650.00 ("Fine") relative to the Property. As you are aware, this Fine relates to violations that occurred from February 19, 2018 through October 10, 2018. By way of background, the aforesaid violations were first observed on December 7, 2017. The City of Okeechobee ("City") caused a Notice of Violation to be sent to you on the same day. The Notice of Violation gave you ten (10) days to bring the Properiy into compliance with the City's Code of Ordinances. You failed to bring the Property into compliance and thus, the matter was presented to the Code Enforcement Board ("Board") in Case Number 17-040. The Board found that the Property was in violation of Section 30-43 (Public Nuisance) and section 30-44 (General Cleaning and Beautification) of the City's Code of Ordinances. The Board provided you twenty-five (25) days to provide the City with a timetable relative to the necessary maintenance and landscape improvements. The Board further stated that if this was not complied with, a daily fine of $50.00 would be imposed. As you did not contact the City per the Board's requirement, a daily fine of $50.00 began on February 19, 2018. The City further sent you letters dated August 2, 2018 and August 30, 2018 notifying you that the fines had accrued for more than 90 days and thus the City could proceed with a foreclosure action. It was not until September 21, 2018 that the City's Code Enforcement received a letter from a landscaper named William Sandritter which included a terse landscaping plan. It was not until October 10, 2018 that the Property was finally in compliance with the City's Code of Ordinances. 750 Pazk of Commerce Boulevazd � Suite 210 � Boca Raton, Florida 33487 Telephone (561) 982-7114 � Facsunile (561) 982-7116 � www.nasonyea er.�com PALM BEACH GARDENS • BOCA RATON Despite our subsequent communication(s) with you, you have still not paid the fines. If payment is not made within ten (10) days form the date of your receipt of this letter the City will have no other option than to iile the enclosed Complaint and proceed with a foreclosure action. Please contact this office at your first available convenience to discuss this matter. Many Thanks, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. ,Z� �'�ey�y �� R. Gregory Hyden Enclosure Doc No: 1021280 1N THE COUNTY COURT O�' THE N1N�TEENTH JUDICIAL CTRCUTT IN AND FOR OKEECHOBE� COUNTY, FLORIDA CITY OF OKEECHOB�E, FLORIDA, a municipal corporation organized under the laws of the State of Florida, CASE NO.: Plaintiff, v. OKEECHU.BEE PARK STREET, LLC, Defendant, / COMPLAINT COMES NOW, Plaintiff, CITY OF OKE�CHOBEE, FLORIDA ("Plaintiff or "City"), by and through unde:rsign.ed counsel, arid brings this action for foreclosure against the Defendant, OKEECHOBEE PARK STREET, LLC (collectively "Defendant") and in support thereof states: Venue and Jurisdiction 1. This is an action to faxeclosure a Iien on the Defendant's real property located within Okeechobee County, Flox�zda. 2. This Court has original jurisd'zction over this action because the City's lien and related damages do not exceed the sum of $30,000 exclusive of costs. 3. Venue is proper in the Nineteenth Judicial Circuit because the property in c�uestion is located in Okeechobee County, more specifically, Okeechobee, �'iorida. 4. The Defendant owns real property located at 100 N.W. Park Stx•eet, Olceechobee, Florida. The Parcel Folia number is 3-15-3'1-35-0010-01555-0080 (33974) ("Property") 5. The Property is not homestead property and not otherwise exennpt undex Article X, Section 4(a) of the Florida Constitution. 6. Pursuant to Florida Statute Chapter 162, the Ciiy has the right and obligation to enforce its Codes and Ordinances within its boundaxies and has the authority to foreclose applicable liens stemming therefrom. General Alle�ations 7. By way of backgrotuzd, the City observed that the Propei�ty was in violation of Chapter 30, Sectian 30-43 of the City's Code of Ordinances. The nnatter was eventnaily referred to the Code Enforcement Board in mattez number 17-040. 8. The Code Enfoxcennent Board subsequently entered a Lien/Order imposing a%ne of $50.00 per day. The Lien/Order is recorded in Book 804, Page 96 of the Official Records of Okeechobee County, Florida. A true and correci copy of the Lien/�rder is attached hereto as Exhibit "A" and incarporated by reference herein. 9. By way of ietter dated August 30, 2018, tlie Defendant was advised that the daily fines of $50.00 had accrued for over 90 days and that this could result in foreclosure. 10. All conditions precedent for bringing this action have occnrred or been performed. Count I — Foreclasure 11. The City realleges paragraphs 1 tlu�ough 1 Q as if fully set forth herein. 12. Pursuant to Florida Statutes Section 162.09(3), if a valid lien remains for a period of 90 days and does not otherwise come into compliance, the City may elect to file a foreclose the lien. 13. As of the 90'h day, and at all times since, the said lien has not been satisfied. 14. In addition to the various mailings, the City has posted notzce(s} of lien on the Property itself. 2 I5. "1'hrough October 10, 2018, the Defendant owes the City $1 I,650.OQ pltts attorney's fees and costs. Additionally, the ime continues to accrue at $50.00 a day thereafter until entz•y of the judgment of foreclosuz•e by tizis Coux�t. 16. The City believes that there may be additional persans who may be interested in the Property, but after a diligent search and inquiry remain unlcnown to the City. 17. The unknown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants by, through, under ox• against the Defendants herein, and therefore al] of the said unknown parties are made defendants to this action. 18. There may be oiher unknown parties having or claiming to have some right, title or interest in the subject matter of this action, but whose names after diligent seaz•ch and inquiry are unknown to the City. 19. Diligent search and inquiry has been made to discover the names and residences af any unknown defendants, but their ages are unlcnown, theix residences are unknown, and the City does not know, by, through, or under or against whom they may claim, nor what right, title ar interest they may claim in the Property. 20. The City has expended, and will expend during the pendency of this action, certain necessary costs and shall seek reim.bursement of same. 21. Furth:er, the City has retained the undersigned counsel as its attorney in this action and has agreed to pay him a reasonable fee for said services. The said fees are an additional indebtedness authorized by Florida Statutes Chaptex• I62. WHEREFORE, the City respectfully requests that (a) this Co�u�t enter a judgment of foreciosure, ward the accrued lien(s), expenses and costs, including attoix�ey's fees and casts, plus interest to the City; (b} if the said sum is not paid within a time set forth by the Cout�t, the City 3 requests that the Property be sold at auction to satisfy the City's claim; (c) if the proceeds of the foreclosure sale are insufiicient to pay the City's claim, that a deficiency judgment be entered for the stuns remaining unpaid against the Defendants herein; and (d) such other relief as this Honorable Court deems just and proper. Respectfiilly submitted, NASON, YEAGER, GERSON, I-IARMS & FUMERO, P.A. 750 Park of Commerce Blvd., Suite 210 Boca Raton, Florida 33487 Telephone: (561} 982-7114 Facsimile: (561} 982-7116 E-mail: ghvden�a nasonyea e�m Attorneys for the Plaintiff Florida Bai• No.: 50839 By: R. GREGORY HYDEN � CODE ENFORCEMENT BUARD OF THE CITY OF OKEEC:HOBEE, I'LORIDA. CASE NO. 17-040 CITY OF OKEECHOBEE> P�:'I'ITIONER, ' I��I lill�l��! II��;!'�� 1�� I21i � -vs- OFL BK £:44 P�G 96 SHARON ROBERTSONr CLEFY. � CUMFThI��it•:R OY,EECHOEEE CDUNTY. FLORIDA R�;SPONDEN�1', REGORDED n3/15/291E �9=56:48 AH RECOFDIFIG FEES �t�,�:O REC:ORDED EY t1 Fina� Okcechobee Park Street LLC / F9 s 9b - 97 i c 2 0 9� y LIEN / Q3tDER THIS CAUSE came beforc the Code Enforcement Eioard, City of Okeechobee, for public hearing on January 9, 20 18 . Aftcr duc notice to the respondent, the Aoard having heard evidence on the afleged violation by withcsses or af�idavit makes the following Fndings: A. FINDINGS OF FACT: Lots: 8, 9, 1 U, 11 8a 75 ft of Lot 12 Blk: 1 SS Section: City of Okeechobee Parcel: 3-15-37-35-0010-01550-OQ80 Property location: l 00 N W Park Street, Okeechobee, FL Yroperty owner: Ukeechobee Park Street LI.0 Property has bccn f4und to have dead trees/vegetation, debris/trash and ground cover that has bccn washed away and needs to be replaced. {see enclosed) Ii. CONCLUSIONS OF LAW: The owner of the praperty described above has been found in violation of Chapter 30 Sec 30-43 Public nuisance 8c Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code FnForcement Board has determined you have violated the Code of Ordinances, Ch�_ Sec 30-43 Public nuis �ce 8c Sec 3�-44 GeneraL cica ine and beautification concerning yow properiy located at 10� NW Park St, O}�gchobee. �L .�f_vou do not conts►ct �,�Ci�,y withj,p twentv five dav�t...ovidin� a time tr�ble oatlininQ s�ecificallv when the landscap�inQ issues lisled above will be corrected ar notifv the Code •=nforcernent Offcer of the correction the Board iranposes a fine of S50 00---- aer dav commencin¢ that date and continuing dailv until the violation i5 correoted or the citv is notified py vou and ve,�j,#ies the correctio� which ever first occurs. Further, if you do not correct lhe violation by said date, a copy of this order as a claim of lien, shali be recorded in the office of the Clerk of Circuit Court, Okoeohobee County, Fiorida, and once recorded, becomes a lien on real and personal property putsuant to i�lorida Statute 1b2. You have a right within thirty days, to appeal this finding and order hy Writ of Certiorari to the Gircuit Court, Okeechohee County, Florida. If you correct the violation prior to the above date, it is your obiigaiion EXH181T contact the Code Enforcement O�cer to verefy such complisnce. � D _-� � J � AGREED AND ORDERED this �� day of �LltX1.0 .ceX'�., 2U � 8• CITY OP OKEECHOBEE, Petitioner Okeechobee Park Street LLC Respondent CODE ENFORCEMENT BOAKD City of Okcechobee, Florida i � _... . airperson e E� eemcnt Offic r ATTEST: ��t-fL l:iV ZJ`1.i.6fl��,t�J'/�� Recording Secretary STA"TG OF FLORIDA COUNTY OF OKEECI�iOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , �red Sterling and Sue Ciu�ista,pher , well known to me and known by me to be ihe Chairperson of the Bourd, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOIIEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this � day of ,2U�8. ��t�x�a�oJ NOTARY PiJBLIC My Commission expires: �`r�'M„� � reycq��M�iRs}�oN � O�1Y�� '�� f��1Mrw�MM�1MMr O�.�yu�. a�,aoao I'lease rcturn to: City of Okeechobee Code Enforcement 55 SE 3'd Avenue Okeechol�ee, FL 34974 {863) 35%1971 1� Melissa Close From: Sent: To: Cc: Subject: Dear Ms. Close, Try this: VIA CERTIFIED MAIL RETURN RECIEPT REQUESTED Okeechobee Park Street, LLC Walgreens Co. Real Estate Property Tax Deerfield, Illinois 60015 Re: City of Okeechobee v. Okeechobee Park Street LLC Code Enforcement Case Number: 17-040 Dear Property Owner, As you aware are, Okeechobee Park Street, LLC owns real property located at 100 N. W. Park Street, Okeechobee, Florida 34972 ("Property"). This correspondence is being sent to you regarding the outstanding fine of $11,650.00 ("Fine") relative to the Property. As you are aware, this Fine relates to violations that occurred from February 19, 2018 through October 10, 2018. By way of background, the aforesaid violations were first observed on December 7, 2017. The City of Okeechobee ("City") caused a Notice of Violation to be sent to you on the same day. The Notice of Violation gave you ten (10) days to bring the Properiy into compliance with the City's Code of Ordinances. You failed to bring the Property into compliance and thus, the matter was presented to the Code Enforcement Board ("Board") in Case Number 17-040. The Board found that the Property was in violation of Section 30-43 (Public Nuisance) and section 30-44 (General Cleaning and Beautification) of the City's Code of Ordinances. The Board provided you twenty-five (25) days to provide the City with a timetable relative to the necessary maintenance and landscape improvements. The Boaxd further stated that if this was not complied with, a daily fine of $50.00 would be imposed. As you did not contact the City per the Board's requirement, a daily fine of $50.00 began on February 19, 2018. The City further sent you letters dated August 2, 2018 and August 30, 2018 notifying you that the fines had accrued for more than 90 days and thus the City could proceed with a foreclosure action. It was not until September 21, 2018 that the City's Code Enforcement received a letter from a landscaper named William Sandritter which included a terse landscaping plan. It was not until October 10, 2018 that the Property was finally in compliance with the City's Code of Ordinances. Greg Hyden <GHyden@nasonyeager.com> Tuesday, September 22, 2020 3:43 PM Melissa Close John Fumero; Carlyn H. Kowalsky; Missy Hernandez RE: Letter Walgreens C�n f�l�i SC`.u�' a��i� c� �'J�Lc�- Se �--� �r �j �1c,�� . Despite our subsequent communication(s) with you, you have still not paid the fines. If payment is not made by , the City will have no other option than to proceed with a foreclosure action. Please contact this office at your first available convenience to discuss this matter. From: Melissa Close [mailto:mclose@cityofokeechobee.com] Sent: Tuesday, September 22, 2020 3:29 PM To: Greg Hyden <GHyden@nasonyeager.com> Subject: RE: Letter Walgreens I like it. The only problem is Mr. Sandritter is the landscape company that they hired. He called and said he has noting to do with Walgreens. Which I find crazy, he requested a fine reduction form. I went through the file multiple time until I realized he is a landscaper. So we may need to keep him out of the letter??? From: Greg Hyden <GHvden@nasonveager.com> Sent: Tuesday, September 22, 2020 2:52 PM To: Melissa Close <mclose@citvofokeechobee.com>; Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Cc: Missy Hernandez <mhernandez@nasonyea�er.com> Subject: RE: Letter Walgreens Dear Ms. Close, Here are my revisions: VIA CERTIFIED MAIL RETURN RECIEPT REQUESTED Okeechobee Park Street, LLC Walgreens Co. Real Estate Property Tax Deerfield, Illinois 60015 Re: City of Okeechobee v. Okeechobee Park Street LLC Code Enforcement Case Number: 17-040 Dear Property Owner, As you aware are, Okeechobee Park Street, LLC owns real property located at 100 N.W. Park Street, Okeechobee, Florida 72 ("Property"). This correspondence is being sent to you regarding the ou�stan� fine of $11,650.00 (` '" relative to the Property. As you are aware, this Fine relates to vi ations that occurred from February 19, 2018 thr October 10, 2018. � �- By way of background, the aforesa' violations were firs��erved on December 7, 2017. The City of Okeechobee ("City") caused a Notice of Vio ' n to be�s��it to you on the same day. The Notice of Violation gave you ten (10) days to bring the Property into o ' nce with the City's Code of Ordinances. You failed to bring the Property into compliance and thu e matter was ented to the Code Enforcement Board ("Board") in Case Number 17-040. , = `� The Board found that the Px�erty was in violation of Section 30-43 (Public Nuisan nd section 30-44 (General Cleaning and Beautifiea'tion) of the City's Code of Ordinances. The Board provided yo enty-five (25) days to provide the City with a timetable relative to the necessary maintenance and landscape improvements. The R7 � (�c �d be� (�a�k, stt�.fi � W�'�'�u'�s� J.J. Smith From: Lane Gamiotea Sent: Monday, November 2, 2020 10:52 AM To: Bobbie Jenkins; J.J. Smith Subject: FW: Update on City code enforcement program FYI, print this email for all files necessary ..... �r,�s �a�e ��;o�a, cr�c City Clerk/Personnel Administrator City of Okeechobee 55 SE 3�d Avenue, Room 100, Okeechobee, FL 34974 Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. .�.. ._. �... �. _w.� -- -, ;; ; �,�: � . . ,�,y „�. � ;.Y., i .d�\ a`r �.r � i 9 �� }' � �� k �f '� 5 1 �,��` ��,"�, # � �qS� !�%��r I � r -- 3 From: City Attorney <cityattorney@cityofokeechobee.com> Sent: Friday, October 30, 2020 4:10 PM To: John Fumero <JFumero@nasonyeager.com> Cc: Robert Peterson <rpeterson@cityofokeechobee.com>; Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: Update on City code enforcement program Dear City Council- I am providing an update on the various code enforcement matters that have been approved by the City Council for foreclosure, as well as those code enforcement matters which will be considered by the City Council for foreclosure. The pending code enforcement matters are: 1. City of Okeechobee v, Brenda Kemp et. aL; 19th Judicial Circuit Case Number 2019 CA 253: this is a foreclosure action resulting from the City's municipal lien/order. On October 30, 2020, I emailed Fred Sterling an Affidavit of Default Amounts Due. Once I get that back, I will set the Motion for Default Final Judgment for hearing. We intend to expedite this matter. 2. City of Okeechobee v. Gloria Rodriguez et al.; 19t'' Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have finalized the Complaint and intend to file it today, October 30, 2020. After the Defendants are served, r they have twenty days to file an Answer. If they do, we will serve discovery pleadings. If they do not file an Answer, we will press forward with a Default Final Judgment. 3. City of Okeechobee v. Teresa Cappetta et al.; 19t" Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have finalized the Complaint and intend to file it today, October 30, 2020. After the Defendants are served, they have twenty days to file an Answer. If they do, we will serve discovery pleadings. If they do not file an Answer, we will press forward with a Default Final Judgment. I believe that Roy Conerly, one of the Defendants, is dead and so I preemptively drafted the Motion to Appoint Curator so that we could set up an estate for purposes of service of process. 4. City of Okeechobee v. Marvin W. Brantley; 19t" Judicial Circuit Case Number 47 2004 CA 000309: We successful in procuring an Order Finding Defendant in Contempt of Court on September 21, 2020. The Court ordered Mr. Brantley to pay the City $6,297.50 as and for the City's attorney's fees and $9,750.00 as and for the City's fines. Given that it is clear that he will not pay those fees and fines, I emailed Fred Sterling the Affidavit required. Once we get his Affidavit, we will submit same along with a proposed judgment. After the Court issues the judgment, we will record it so it becomes a Judgment Lien. We will also submit it to the State of Florida Secretary of State and get a Judgment Lien Certificate. Once that is done, we will ask the Clerk to issue a Writ of Execution and we will provide that, along with the Judgment Lien, the Judgment Lien Certificate and an Instructions for Levy form to the Okeechobee County Sheriff. The sheriff will then auction Mr. Brantley's property off. 5. City of Okeechobee v. Barbara Mills; 19th Judicial Circuit Case Number 47 2004 CA 000309: On October 28, 2020, we filed a Suggestion of Death and Motion for Substitution as the Defendant is dead. The probate attorney agreed to enter into an Agreed Order and that was provided to the Judge on October 29, 2020. Once that is entered, the Personal Representative will be substituted in for the Defendant and he must file an Answer or a Default will be entered against him. We likewise, as a creditor of the Estate, filed a Statement of Claim in the Palm Beach County probate case on October 29, 2020. This property is purportedly homestead but that loses the protection on January 1, 2020. Depending on how this matter proceeds, we may need to file an Amended Complaint. 6. City of Okeechobee v. Crystal l, LLC; 19t" Judicial Circuit Case Number 2017 CA 218: We are waiting for the City's approval to proceed with this matter. The City had initiated a foreclosure case against the Defendant on September 15, 2017. On October 28, 2020 we filed a Motion for Default Final Judgment seeking $32,562.50 inclusive of attorney's fees. The Notice of Hearing was filed and the hearing is set for November 17, 2020. The proposed Order has already been emailed to the Judge. 7. City of Okeechobee v. Okeechobee Park Street, LLC (Walgreens); Code Enforcement Case Number 17-040: we have worked with City staff to draft a letter to the property owner advising it that if the current accruing liens are not paid, a foreclosure action will be initiated. Staff has not further advised of the status. 8. City of Okeechobee v. South Florida BBQ; 19t'' Judicial Circuit Case Number not yet assigned: the 90 day letter was sent to the property owner on February 27, 2020. We are waiting for the City's approval to proceed with foreclosure. ; � 9. City of Okeechobee v. Fortex Holdings, LLC; 19t'' Judicial Circuit Case Number not yet assigned: the 90 day letter was sent to the property owner on March 2, 2020. We are waiting for the City's approval to proceed with foreclosure. As always, should you have any questions or comments please do not hesitate to contact me or Carlyn Kowalsky. CITY ATTORNEY CITY OF OKEECHOBEE �� ry� .� ' t��h� :� ��."'�i�„'_ .,•^. �,':5:�6 � �7:'l. ' ' , . . � +: � �i. �r/r � �,. Nason Yea er — .... _...._ ___ _........�__ � GERSO�, fIARRIS & FUMERO. P.A. All'ORNLYS Af LAN� � Lsl. 19G0 R. GREGORY HYDEN E-MA[L ADDRESS: ghyden@nasonyeager. com October 5, 2020 V�A EMAIL: mclose@cityofokeechobee.com City of Okeechobee Attn.: Melissa Close 55 S.E. 3`d Avenue Okeechobee, Florida 34974 re: Status of Code Enforcement Matters Applicable Case Numbers Set l+'orth Below Dear Ms. Close, ��a� ��; _. . . .._3 �� . , D[RECT DIAL: (561) 471-3524 FAX NUMBER: (561)982-7116 This firm is proud to represent the City of Okeechobee ("City"). Pursuant to the City's request, I am providing an update on the various code enforcement matters that have been approved by the City Council for foreclosure as well as those code enforcement matters which will be considered by the City Council for foreclosure. The pending code enforcement matters are: Pending in Circuit Court City of Olzeechobee v. Marvin W. Brantley; 19th Judicial Circuit Case Number 47 2004 CA 000309: We were successful in procuring an Order Finding Defendant in Contempt of Court on September 21, 2020. The Court ordered Mr. Brantley to pay the City $6,297.50 for the City's attorney's fees and $9,750.00 for the City's fines. If Mr. Brantley does not pay those funds within 45 days, we will engage in post judgment collections and request the Court to impose a lien on the property that can be subsequently foreclosed on. This is a great win for the City! 2. City of Okeechobee v. Brenda Kerrcp et. al.; 19`h Judicial Circuit Case Number 2019 CA 253: this is a foreclosure action resulting from the City's municipal lien/order. After receipt of the file from the City's prior counsel, we determined that the Defendants had not filed a responsive pleading to the Complaint and thus we intend to file a Motion for Default Final Judgment. We have provided a copy of said Motion, together with the 750 Park of Commerce Boulevard � Suite 210 � Boca Raton, Florida 33487 Telephone (561) 982-7114 � Facsimile (561) 982-7116 ��vwa�.nasonveaecr.com PALM BEACH GARDENS • BOCA RATON ,� , . City of Okeechobee Attn.: Melissa Close October 5, 2020 Page 2 applicable Affidavit of Attorney's Fees and Affidavit of Default Amounts Due for staff's review and comment. Upon approval, it will be filed and set for hearing at the next available time. We intend to expedite this matter. Ciry of Olceechobee v. Barbara Mills; 19t" Judicial Circuit Case Number 47 2004 CA 000309: We are waiting for the City's approval to proceed with this action. The City had initiated a foreclosure case against the Defendant on July 14, 2014. That matter remains pending. Prior Counsel did not advise why the case has not been prosecuted for the last few years. However, upon approval from the City, we will proceed in the pending case. It is likely that the Complaint will need to be amended but the matter can be expedited thereafter. 4. Ciry of Okeechobee v. Crystal I, LLC; 19��' Judicial Circuit Case Number 2017 CA 218: We are waiting for the City's approval to proceed with this matter. The City had initiated a foreclosure case against the Defendant on September 15, 2017. That matter remains pending. Prior Counsel did not advise why the case has not been prosecuted for the last few years. Upon approval, we can proceed in the pending case. It is likely that the Complaint will need to be amended but the matter can be expedited thereafter. Waitin�? for Cit�s a�proval to file complaint 5. Ciry of Olceechobee v. Gloria Rodrigzrez et al.; 19th Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have drafted the Complaint and have sent it to staff for review and comment. Upon approval, it will be iiled and service of process will be expedited. If, twenty days after service of process, the Defendants do not file a responsive pleading, we will seek a Default Final Judgment against them. 6. City of Okeechobee v. Teresa Cappetta et al.; 19`" Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have drafted the Complaint for Foreclosure and have sent it to staff for review and comment. Upon approval it will be filed and the matter will be expedited. If, twenty days after service of process, the Defendants do not file a responsive pleading, we will seek a Default Final Judgment against them. 7. City of Okeechobee v. Okeechobee Park Street, LLC (Walgreens); Code Enforcement Case Number 17-040: We have worked with City staff to draft a letter to the property owner advising it that if the current accruing liens are not paid, a foreclosure action will be initiated. 8. City of Okeechobee v. South Florida BBQ; 19`h Judicial Circuit Case Number not yet assigned: the 90-day letter was sent to the property owner on February 27, 2020. We are � City of Okeechobee Attn.: Melissa Close October 5, 2020 Page 3 waiting for the City's approval to proceed with foreclosure. 9. Ciry of Okeechobee v. Fortex Holdings, LLC; 19`h Judicial Circuit Case Number not yet assigned: the 90-day letter was sent to the property owner on March 2, 2020. We are waiting for the City's approval to proceed with foreclosure. Should you have any questions about the foregoing, please do not hesitate to contact me. Thank you for your time and consideration in this matter. Many Thanks, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. R. Gregory Hyden R. Gregory Hyden MapPrint_Okeechobee-Cour roperty-Appraiser_8-19-2020 Page 1 of 1 q � � � � •_. = p � �w - , _ ,. 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Bandi, CFA � Okeechobee, Florida � 863-763-4422 PARCEL: 3-15-37-35-0010-01550-0080 (33974) � STORES/1 STORY (1100) � 2.046 AC NOTES: CITY OF OKEECHOBEE LOTS 8 9 10 11 & S 75 FT OF LOT 12 BLOCK 155 LESS ROAD R/W AND CITY OF OKEECHOBEE LOTS 1 ' TO 6 INC AND ALLEY RUNNING OKEECHOBEE PARK STREET LLC 2020 Working Values �_ WALGREENS CO Owner: Mkt Lnd $953,743 Appraised $1,768,083 REAL ESTATE PROPERTY TAX Ag Lnd $0 Assessed $�,768,083 9; DEERFIELD, IL60015 Site: 100 NW PARK ST, OKEECHOBEE Bldg $667,390 6cempt $0 ' Sales >>ianoos go i�u� XFOB $146,950 county:$1,768,083 �lr �'� Info snensse go v(u) Just $1,765,083 Total city:$1,768,083 7/24/7997 825o,00o i�u) Taxable other:$1,768,083 Okeechobee County. FL school:$1,768,083 ihis information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Offce solely for the govemmental purpose of property assessmenL This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are providetl for the accuracy of the data herein, iYs �se, or iYs interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's offce. GriulyLogic.com http://www.okeechobeepa.com/gis/gisPrint/ 8/19/2020 0 �m�� lec (�t-C.�. �xri.�a �,o�X II-� IG� �,�� Walgreens William Sandritter <william_sandritter@dynaservfl.com> Thu 11/21/2019 6:05 AM To: Fred Sterling <fsterling@cityofokeechobee.com> Good Morning Mr. Sterling, I spoke to the Program Manager for Walgreens in Chicago. He told me to take point on the matter involving Walgreens and the City of Okeechobee. Please send me the information they need to appeal the fines that are pending on Walgreens. I will be sure you receive the information needed to move forward with this matter. Thank you, Bill tiViCCiam Sandritter �ice �resident, Operations/NationaCAccounts 14501 S Orange Ave Suite 119 Orlando FL 32824 Ofiice: 407-637-6942 Fax: 407-574-2478 William Sandritter(a�dvnaservfl.com � Description: cid:image002.jpg@01 CDA85 D. EA898B80 Experience the DynaSery difference... We Care and it shows. City of Okeechobee Code Enforcement 50 SE 2"d Ave Okeechobee, FI 34974 (863)763-9797 (863)763-7804/Fax To: Okeechobee Park Street LLC — Walgreen From: Melissa Close — Code Enforcement Administrative Secretary Regarding: Fine Reduction form for Case #17-040. If Any questions, please feel free to call us at the above phone numbers. Thank you for your time in this matter Sincerely, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary OKEECHC3BEE COUNT�, FLORTDA CODE COMPLiANCE DEPAR'TMENT II�I �tE: The Matter of Respondent(s) Complaint #. REQUEST FOR REDUCT�ON OF ACCRUETI FLNE I, hereby request a reduciion af a fuae imposed in fihe above- referenced case and in support ihereof wouid state the followin.g informatzon: l. 2 My name and current mailing address ar�: Physical address of the property which was the subject of the violatian: 3. A fine in the am.ount oi $ per day was imposed oi� the following date: 4. The vzolatians were corrected and I was advised tha# the property cazne znto cornpliance an the following date: 5. I arn requ�sting tliat the accrued fine be reduced fram $ to $ 6. The accn�.ed fine amc�unt shauld be reduced because: '1. I UNAERSTAND THAT I MUST BE PRESENT AND PERSONNALLY APPEAR BEFORE THE CODE ENF4RCEMENT SPECIA,L MAGYSTRATE TO PRESENT AND DEFEND TffiS REQUEST FQR A REDUCTiON IN THE FINE. If I cannfli personaliy appear, I hereby dasignate fhe following person to appear in my pIace: Signature of Respandent Date: Signature of Respondent Date: The foregoing instnunent was sworn to (or affirmed) and snbscribed before me this day of 20 by and who produced as identification. Signature oPNotary Public — State o£Florida PrintlTyped/Stamped Name of Natary Nty commission expires: F:4SHA,REp�P,amandalCode Enforcement Board Meetings\Orders and other fozrnslRequest foz reduction of acccued fine 2007.doc Revised?/20/2a07 City of Okeechobee Code Enforcement 50 SE 2"d Ave — Okeechobee, FI. 34974 863-763-9795 863-763-7804/Fax Date: October 30, 2019 Okeechobee Park Street LLC PO Box 1159 Deerfield, IL 60015 Case # 17-040/190917021 To Whom it May Concern, We appreciate you bring your property into compliance, but this does not cancel the Code Enforcement Lien on the property stated above. As you are aware at the January 2018 Code Enforcement Meeting, you were found in violation of Ch 30 Sec 30- 43 Public Nuisance and Ch 30 Sec 30-44 General Cleaning & Beautification. The Code Board imposed a fine of $50.00 a day. The fines of $50.00 a day started on February 19, 2018 and ran until October 18, 2018 at that time you came into compliance. The balance due on this property is $11,650.00. I would like to get this issue resolved and file a satisfadion of lien for this property. This has run well over 90 days and I would like to give you a chance to make a payment before I start the foreclosure process. You can also call us if you would like to come in front of the Special Magistrate for a fine reduction, and we will get you on the next regular scheduled agenda. We meet every second Tuesday of the month. You can make a payment at/or mail to the City Police Department at the above address, by a check or money order made out to the City of Okeechobee. Or you can go to the Okeechobee City Hall and see Kim Barnes to make payment. Please reference the above case number on the memo. Sincerely, Qii�_L�.�J/�CcJ �i�-�R�..-� Melissa Close Administrative Secretary City of Okeechobee Code Enforcement �- � m s �� ■ Complete items 1 �d 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signatur��i< <.��...� � ❑ Agent X 200 WILMOT RD ❑ qddressee B. Re ��1�15 C. Date of Delivery ddress different from item 1? ❑ Yes er delivery address below: p No Okeechob :e Park Street�LLC PU Box 1159 Deerfiel, IL 60015 II I III II III II I II II IIIII I II I I I I I I I 3. Setvice Type ❑ priority Mail Express� ❑ AdWt Signature ❑ Registered MaiIT'^ ❑ AdWt Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 5044 9092 4556 72 ❑ Certified Mail� Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from servir.e lahPn ❑ CnllPr.t �n Delivery Restricted Delivery � Signature ConfirmationTM 7 018 113 � � � � 1 8 9 5 7 O 1, 2 2 `^a'' ❑ Signature Confirmation �lail Restricted Delivery Restricted Delivery - � � -- - . — _ - - — �- � i lwer ao00) PS Form 3811 , JUIy 2015 PSN 7530-02-000-9053 Domestic Return Receipt : USPS TFZA,�KWG.#�: . .;. ,y � ; �, .� ,� � , �� f ,_.r,: .; _ s_ 959� 94��C 5Q44 9092 4556 72 United States Postal Service � �ia:t-Class Mail =_=�tage & Fees Paid � '_UPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4`� in this box• City of Okeechobee Code Enforcement 50 SE 2nd Ave Okeechobee, FL 34974 _ .�:::'°_=�.'`....._ ��it��fir��'€I�i��i�}��t�fl��l��I�lI�lr�l��t�f3l:fl"zl;E '. U.S. Postal ServiceTM .�,,, . - RTIFIED MAIL� RECEIPT estic Mail Only . �,� .� xtfa ServiCes & Fees (checkbox, add/eeasappropriate) [,� Return Recelpt (hardcopy) $ ❑ Rotum Recaipt (electronic) $ POStrti2�k ❑ Certifiod Mell Restricted Dalivery $ Hefe �- ] Adult Signalura Requiretl $ �� Adult Slgnatura Rastdcted Delivery $ -�L��J �_ � . � � Detail by Entity Name Florida Department of State 1 �- ; J�'It::l��, i vj �1 �� l / �`"' � J ,/."�/ �%/j O�9 � J � p � � ° s'\' �r � � ` � .J / .. . . . . . . . . . . Department of State ! Division of Corporations / Search Records / Detail Bv Document Number / Page 1 of 2 Divisiori o� Coe�c�rrio�vs Detail by Entity Name Florida Limited Liability Company OKEECHOBEE PARK STREET, LLC Filincl Information Document Number FEI/EIN Number Date Filed State Status LastEvent Event Date Filed L06000100579 51-0608105 10/16/2006 FL ACTIVE REINSTATEMENT 03/22/2010 Princiqal Address 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Changed: 07/24/2012 Mailinq Address 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Changed: 07/24/2012 Reqistered Aqent Name & Address PARACORPINCORPORATED,PARACORPINCORPORATED 155 OFFICE PLAZA DRIVE 1ST FLOOR TALLAHASSEE, FL 32301 Name Changed: 01/06/2015 Address Changed: 12/03/2014 Authorized Person(s) Detail Name & Address Title MGR DUNN,GREGG http://search. sunbiz.org/Inquiry/CarporationSearch/SearchResultDetail?inquirytype=Entity... 11 /6/2019 Detail by Entity Name 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Annual Reports Report Year Filed Date 2017 01/09/2017 2018 03/19/2018 2019 02/18/2019 Document Imaqes 02/18/2019 -- ANNUAL REPORT View image in PDF format 03/19l2018 -- ANNUAL REPORT View image in PDF format 01/09/2017 -- ANNUAL REPORT View image in PDF format 03/08/2016 — ANNUAL REPORT View image in PDF format 01l06/2015 -- ANNUAL REPORT View image in PDF format 06/12/2014 — ANNUAL REPORT View image in PDF format 02/28l2013 -- ANNUAL REPORT View image in PDF format 07/24/2012 — ANNUAL REPORT View image in PDF format 01/28/2011 — ANNUAL REPORT View image in PDF format 03/22/2010 — Reinstatement View image in PDF format 10l13/2007 — REINSTATEMENT View image in PDF format 10/16/2006 — Florida Limited Liabililv View image in PDF format Page 2 of 2 http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 11 /6/2019 MapPrint_Okeechobee-Count�r Property-Appraiser_9-17-2019 Page 1 of 1 �C�� d Cr� �x � I 1- U�-IL � ' ' ��'x� I �� ' � '��`�' j �, . 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Bandi � Okeechobee, Florida � 863-763-4422 PARCEL: 3-15-37-35-0010-01550-0080 � sroResn s(oo� �oo> � 2.oas aC NOTES: CITY OF OKEECHOBEE LOTS 8 9 10 11 & S 75 FT OF LOT 12 BLOCK 155 LESS ROAD R/W AND CITY OF OKEECHOBEE LOTS 1 � TO 6 INC AND ALLEY RUNNING OKEECHOBEE PARK STREET LLC 2019 Preliminary Certified Values :�,;� ' WALGREENS CO Mkt Lnd $891,348 A Owner: REAL ESTATE PROPERTY TAX ppraised $1,677,765 P O BOX 1159 Ag Lnd $0 Assessed $1,677,765 DEERFIELD, IL 60015 Bldg $640,313 Exempt $0 ' Site: 100 NW PARK ST, OKEECHOBEE XFOB $146,104 county:$1,677,765 '"'� R�, Sales >>i8�zoos 3o i�u) Just $1,677,765 Total city:$1,677,765 Info sizansse $o v�u) Taxable other:$1,677,765 nzaiss� szso,000 i�u� school:$1,677,765 Okeechobee County. FL This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, iPs use, or iPs interpretation. Although it is periodically updated, this information may not reflect the data currently on fle in the Property Appraiser's office. Gf1alVLoaiC.Com http://g4b.okeechobeepa.com/gis/gisPrint/ 9/ 17/2019 2019 FLORIDA LIMITED LIABILITY f VIPANY ANNUAL REPORT DOCUMENT# L06000100579 Entity Name: OKEECHOBEE PARK STREET, LLC Current Principal Place of Business: 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Current Mailing Address: 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 FEI Number: 51-0608105 Name and Address of Current Registered Agent: PARACORPINCORPORATED,PARACORPINCORPORATED 155 OFFICE PLAZA DRIVE 1 ST FLOOR TALLAHASSEE, FL 32301 US FILED Feb 18, 2019 Secretary of State 3275799781 CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: PARACORP INCORPORATED 02/18/2019 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Name DUNN,GREGG Address 20525 NORDHOFF STREET SUITE 4 City-State-Zip: CHATSWORTH CA 91311 I hereby certify that the inlormation indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal e/%ct as if made under oath; thaf I am a managing member or manager of the limited lia6ility company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all olher /ike empowered. SIGNATURE: GREGG DUNN MANAGER 02/18/2019 Electronic Signature of Signing Authorized Person(s) Detail Date ' Mail - fsterling@cityofokeechobee.com Page 1 of 1 Emailing: Okeechobee Walgreens.pdf William Sandritter <william_sandritter@dynaservfl.com> Fri 9/2i/201�3 6:55 AM 'c:Fred Sterling <fsterling@cityofokeechobee.com>; cc:William S�ndritter <william_sandritter@clynaservfl.com>; 1 atta�:hr7�er�ts (21 �%1E?j Okeechobee Walgreens.pdf; Good morning Mr. Sterling, Attached is a crude plan for the Walgreens landscaping re-vitalization. I apologize for the crudeness of this drawing, but I tried very hard to get an L-1 for you, but no one could locate that pian. I have attached pictures and numbered them as to where we would install the material. I am sure there will be questions. I am available anytime you need to speak with me about this. We are ready to start installation once you give us permission. Thank you, Bill William Sandritter Vice President, Operations/National Accounts 10501 S Orange Ave . ------------------------------------------ Suite 119 Orlando FL 32824 ------------------------------------- Office: 407-637-6942 Fax: 407-574-2478 William_Sandritter@dynaservfl.com Experience the DynaSery difference. We Care and it shows. https://outlook.office365.com/owa/?realm=cityofokeechobee.com&exsvurl=l &11-cc=103... 09/21 /2018 � ° � : -..�:�+at'�'� �� `s� °_�w.:. �....._ } ' ��. �'ns��a � � ii�'� �`■{ � ryC�� 9 �T V � �V f . �� .p. � L n � � A.i� a� � �- t/� : � � , �' u.{-._3 �rn N ' "� ��, °� � � � � � � � ; , +.. .� � m � ��" � � � � N � �` s � fl' � 'r' CV � �O p ' �. 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Reserved. DIVISION 4. LANDSCAPING Sec. 90-531. Generally. Landscaping and landscape buff'ers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 500) Sec. 90-532. Required landscaping. Following are requirements for the plantirig of trees and shrubs associated with development undertaken throughout the city. Landscaping ma- terial required under this section may be used to satisfy the requirements for landscaping in park- ing and vehicular use areas (section 90-533) and in landscape buffer areas (section 90-534).. Individual single- No requirement family and duplex structures Multiple-family one �vo trees per dwell- bedroom in � Multiple-family two Three trees per dwell- to four bedrooms ing Mobile home park or �vo trees per dwell- subdivision in Adult/assisted living One tree per two facilities, nursing units or bedrooms home All other uses At least one tree and three shrubs shall be planted for every 3,000 square feet of lot area, excluding ar- eas of existing vege- tation which are pre- served. (LDR 1998, § 501; Ord. No. 1010, § 3, 2-19-2008) Sec. 90-533. Landscaping requirements for parking and vehicular use ar- eas. Except for those associated with an individual single-family or duplex structure, all vehicular Supp. No. 10 OKEECHOBEE CODE Loading spaces shall be the same as required or the most similar listed use. use areas containing eight or more parking spaces, or containing an area greater than 2,400 square feet, shall provide perimeter and interior land- scaping as follows: (1) At least 18 square feet of landscaped area for each required parking space. (2) At least one tree for each 72 square feet of required landscaped area. (3) Shade trees shall be planted at no more than 20 feet on centers (4) A minimum two feet of landscaping shall be required between vehicular use areas and on-site buildings and structures, ex- cept at points of ingress and egress. (5) The minimum dimension for any required landscaped area within a parking or ve- hicular use area shall be four feet except for that adjacent to on-site buildings and structures. (6) A landscaped island, , minimum five feet by 15 feet and containing at least one tree, shall be required for every ten parking spaces with a maximum of 12 uninter- rupted parking spaces in a row. (7) The remainder of a parking landscape area shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 502; Ord. No. 1010, § 4, 2-19-2008) Sec. 90-534. Required residential and non- residential buffer areas. For all development undertaken throughout the city, except for construction of an individual single-family or duplex structure, landscaped buf- fer areas. shall be required within required set- backs and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. CD90:38.2 l �_. C_ • ZONING � § 90-b41 (2) At least one tree and three shrubs for (d) Trees and shrubs shall not be planted in a each 300 square feet of required land- � location where at their maturity they would in- scaped buffer. terfere with utility services. (3) Z4�ees may be planted in clusters, but shall not exceed 50 feet on centers abut- ting the street. (4) .The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 603; Ord. No. 1010, § 4, 2-19-2008; Ord. No. I079, § 11, 1-17-2012) Editor's note—Ord. No. 1079, § 11, adopted Jan. 17, 2012, amended § 90-534 title to read as herein set out. Former § 90-534 title pertained to required landscaped buffer areas. Sec. 90-635. Reserved. Editor's note-0rd. No.1079, § 11, adopted Jan. 17, 2012, repealed former § 90-b36, and enacted a new § 90-635 as set out herein. Former § 90-535 pertained to nonresidential buffer regulations and derived from LDR 1998, § 604. (e) 1�ees should maximize the shading of pe- destrian walks and parking spaces. (fl Landscaping ground covers should be used to aid soil stabilization and prevent erosion. (g) Landscaping shall be protected from vehic- ular encroachment by means of curbs, wheel stops, walks or similar barriers. (I,DR 1998, § 510) Sec. 90-539. Alternative landscape design and plan. (a) An applicant shall be entitled to demon- strate that the landscape and buffer requirements can be more eff'ectively met by an alternative landscape plan. Sec. 90-536. Planting in dry retention areas. Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely sus- ceptible to periodic inundation. (LDR 1998, § 505) Sec. 90-537. Protection of native vegetative communities and wetlands. �(a) Native vegetative communities shall be pro- tected from adverse impacts of development. (b) Wetland bu$'ers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. (LDR 1998, § 506) Sec. 90-538. I.andscape design and plan. (a) Proposed development, vehicular and pe- destrian circulation systems, and site drainage shall be integrated into the landscaping plan. (b) Existing native vegetation shall be pre- sei-ved where feasible, and may be used in calcu- lations to meet these landscaping requirements. (c) When more than ten trees are required to be planted, two or more species shall be used. (b) Upon review and recommendation, the tech- nical review committee may approve an alterna- tive landscape plan. (LDR 1998, § 611) Sec. 90-640. Native drought tolerant plant materials required. (a) Plants required to be installed shall be elected, from the South Florida Water Manage- ment District's Xeriscape Plant Guide. (b) At least 75 percent of the total number of plants required shall be state native very drought tolerant species as listed in the South Florida Water Management District Xeriscape Plant Guide. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be state native moderate or very drought tolerant species. (c) �ees shall be at least ten feet high and two inches in diameter measured four feet above ground level at the time of planting. (LDR 1998, § 512) Sec. 90-541. Maintenarice. (a) Sufficient topsoil and water shall be pro- vided during the plants' establishment periods to sustain healthy growtti. Q`_, Supp, No. io CD90:38.3 � § 90-541 OKEECHOBEE CODE (b) Plants shall be maintained in a healthy condition, and dead, severely damaged or dis- eased plants shall be replaced. (LDR 1998, § 513) Sec. 90-542. Prohibited plants. The following plants are deemed and declared to be a nuisance within the city for existing development. In addition, after development approval, the following plant species shall not be used to comply with this division, and shall not be planted: Melaleuca leucadendra (Punk 7Yee) Cupianopsis enacardiodes (Carrotwood) Albizzia lebbeck (Womane lUngue) Brassaia actinophylla (&he8lera) F1cus spp. (Nonnative Ficus) Syzygium cumini(Java Plum) (LDR 1998, § 514) Schinus terebinthifolius (Brazilian Pepper) Dalbergia siesoo lRose Wood) Araucada heterophylla (Norfolk Pine) Enterolobium cycocarpum (Ear'IYee) Grevilla robusta (Silk Oak) Melia azedarach (Chinaberry tree) Sec. 90-543. Utility corridor requirements. (a) Landscaping near overhead electrical trans- mission or distribution lines, telephone lines, or cable television lines in both residential and non- residential areas shall follow the additional re- quirements of this section to minimize disruption or interference with such lines due to maturing vegetation. (b) No tree shall be planted where it could, at mature height, conflict with overhead utility lines. Larger trees (trees with a mature height of 30 feet or more) shall be planted no closer than a hori- zontal distance of 30 feet from the nearest over- head utility line. Medium trees (trees with a height of 20 to 30 feet) shall be offset at least 20 feet horizontally from the nearest overhead util- ity line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum offset, except that no tree,'regardless of size shall be planted within five feet of any Supp. rro. io CD90:38.4 Casuarina spp. (Australian Pine) BiehoSa javanica (Bisho&a) Eucalyptus app. (Eucalyptus) Acacia audculiformie (Earleaf Acacia) Capium sebifrum (Chinese Tallow tree) C � ,�- 1,�. y- ENVIRONMENT § 30-44 the owner shall remove any abandoned property, garbage, litter, stagnant water, untended vegeta- tion or noxious matter on the entire property. sance has been filed, and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstanding the procedures available to the city by this article, the city retains the right and ability to proceed against the lot or parcel for abatement of nuisance by F.S. ch. 60, or any other applicable provision of state laws. (Code 1982, § 8-10; Ord. No. 759, § 8-10, 10-3- 2000) State law reference--Cost of repairs, etc. made paxt of lien, F.S. § 162.0. Sec. 30-44. General cleaning and beautifica- tion. (a) In the interpretation of this section, the city has determined that all lands in the city fall into the following categories, and this Code will be enforced in this section to conform to these cate- � gories: (1) Unplatted and undeveloped lands are con- sidered to be raw land or unimproved land. (2) Platted and undeveloped lands are consid- ered to be raw land or uni.mproved land. (3) Platted and developed lands are consid- ered to be developed or improved land. (4) Unplatted and partially developed lands are considered as developed and improved land only for that portion of the whole parcel that includes actual developed land. (b) All owners of improved property shall cut and keep cut all weeds, grasses or undergrowth on the entire property, to a height not to exceed eight inches. A1so, all landscaping shall be trimmed and kept in a neat appearance so as not to aclversely affect the aesthetic appearance of the property and adjacent properties. (c) When determined by the. code enforcement officer of the city that a public nuisance exists, owners of all unimproved property shall cut and keep all weeds, grasses and undergrowth to a height not to exceed 12 inches, in a strip 100 feet wide around the perimeter of such property, which fronts on a public street, drainage or utility ease- ment or is contiguous to occupied property. Also, Supp. No. 2, Rev. (d) All owners axe deemed to be in controi of and responsible for areas on or adjoining their property such as easements. (e) All lands in the city shall be kept free of untended vegetation or any other matter, which by reason of height, proximity to neighboring structures, physical conditions; disease such as, but not limited to: lethal yellowing palms or other peculiar characteristics which might in time of high winds, prevalent in this region, cause dam- age to life or property within the immediate axea surrounding such region. (fj It shall be unlawful for any person to cause, maintain, permit or allow to be caused, main- tained or permitted, the accumulation of any litter, garbage, abandoned property, stagnant wa- ter, untended vegetation or weeds on any construc- tion or building site before, during or after com- pletion of such construction or building. It shall be the duty of the owner or his agent to make adequate provisions for the disposal of such items and to have, on the constructzon or building site, adequate facilities for the disposal of such items and to make appropriate arrangements for the collection thereof. (g) It shall be the responsibility of all owners of improved property to maintain proper ground cover on their property (such ground cover includ- ing, but not limited to, grasses, concrete, asphalt, decorative stones) and driveways (driveway ground cover including, but not liznited to, concrete, as- phalt, decorative stones, in-laid brick, tile and shell rock) to prevent a condition that could endanger the health, safety and welfare of any member of the coxnmunity; maintained as re- quired in this section. Furthermore, appropriate. landscaping shall be installed, replaced and main- tained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (h) No persons shall sweep into or deposit in any gutter, ditch, street or other public place within the city the accumulation of litter from any building or lot or from the public sidewalks. Nor CI73U:9 �� § 30-44 OKEECHOSEE CODE shall any owner or tenant abutting a public thor- oughfare allow or suffer to remain litter upon the adjacent public sidewalk, including medians, so that litter, rubbish and refuse shall not be allowed to pile up or accumulate on such public right-of- way. (i) No merchant or business within the city shall allow litter to accumulate, and shall clean and otherwise rid his premises, including side- walks, of waste matter and litter although the same may not have been deposited by him, his agents or his patrons. (Code 1982, § 8-11(a�(f�, (j), (k); Ord. No. 797, § 2, 7-2-2002) Sec. 30-45. Presumption where motor vehi- cle is source. In any prosecution charging a violation of this article; by the throwing, discarding, placing or depositing of litter in any manner or amount whatsoever, in or on any public highway, road, street, alley, thoroughfaxe or any other public lands; by, through or from a motor vehicle, proof that the particular vehicle described in the com- plaint was the source of the litter so discarded, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of this article. Such presumption may be rebutted by substantial evi- dence on the part of such owner. (Code 1982, § 8-12) Sec. 30-46. Visibility triangle. (a) The owner or occupant of any improved lot or lands lying and abutting on any intersection of two streets, or any combination thereof in the city and having shrubs or bushes on such lot or lands, shall trim or cause to be trimmed all shrubs and bushes located within the visibility triangle as defined in section 66-1, so that no bush or shrub shall exceed 30 inches in height above the surface of either the sidewalk or the normal sidewalk location. (b) The owner or occupant of any lot or lands lying and abutting on any street in the city and having trees, shrubs or bushes on his lot or lands extending over the property line onto such street shall trim or cause to be trimmed such trees to the clear height of not less than ten feet above the surface of the sidewalk or street. (c) The director of public works shall have the authority, and it shall be his duty to order trim- ming, preservation or removal of trees or plants upon private property when he finds such an act necessary to public safety or to prevent the spread of disease or insects in public trees or places. (Code 1982, § 8-11(g�(i)) Secs. 30-47--30-80. Reserved. AR.TICLE III. NOISE AND VIBRATION STANDARDS* Sec. 30-81. Noise regulation in general. It shall be unlawful, as hereafter set forth, for any person, entity or agent thereof to cause or be made, or continued, any excessive or unreason- ably loud noise or vibration which disturbs the peace and quiet of any residentially zoned meigh- borhood, or which tends to cause discomfort, or annoyance to any reasonable person of normal sensitivity, with such regulations to reasonably provide for normal commercial activities to occur within the City during certain times. (Ord. No. 875, § 1, 10-19-2004) Sec. 30-82. Specific noises'prohibited. Except for certain exceptions listed in section 30-83 hereafter, the following acts are declaied to be loud, disturbing and unnecessary noises or vibrations in the city in violation of this chapter, *Editor's note—Ord. No. 875, § 1, adopted Oct. 5, 2004, repealed and reenacted art. III in its entirety to read as herein set out. Formerly, said article pertained to similar subject matter as enacted by Code 1982, as amended. See the Code Comparative Table for a detailed analysis of inclusion. State law reference--Motor vehicle noise, F.S. §§ 316.293, 403.415: � ``� � �, Supp. No. 2, Rev GD30:I0 Cit o Ukeech�bee � TO: DEPARTMENT: FAX NUMBER: FROM: DEPARTMENT FAX NUMBER: NO. OF PAGES INCL. THIS PAGE: SUBJECT: FAX TRANSMISSION SHEET ��L�- �n��nr;rL� � � �7- � �, � ._ ` � �� FRED STERLING, CODE OFFICER OKEECHOBEE CITY CODE ENFORCEMENT 863-763-4489 � �,lil i`l L�'-� i2 � i= rJ .�, PLEASE CALL (863) 467-1586 IF ANY TROUBLE IS EXPERIENCED DURING TRANSMISSION Send Result -� eport �$ Kyo�ERa MFP ..... .... ... ... . ... ...... .... ... .... ... .. ..... .. 09/11/2018 13:41 Firmware Version 2NM 2000.002.202 2014.1�.22 [2NM 1000.006.002] [2NM 1100.001.004] [2NM 7000.002.201] ��:`:'<:;:<:�:':�>:s'::z;>':::;:<::z<;::<:>:::>:<:::>:::::;:<: ::#:>::::::>::>::>:<:>;:ii;::«::�::�<::�:�::::' ::::>[::<:::::>::::>::::»>::::>:: Job No.: 021542 Complete Total Time: 0°02'05" Page: 004 Document: doc02154220180911133339 �� . � . �.�� r�.�s�xs�x�►r� �� T�: I�EP�RTMENT: FA� 1�L3M��R: � � �� n � �_ �_c_-r-t��. �� '7, � �� -- f � � � No. Date and Time Destination 001 09/11/18 13:34 14077341770--723 Times Type 0°02'05" FAX Result OK Resolution/ECM 200x100 Normal/Off C LSM4Z06858 ] Send Result eport Ce Ky�CERa MFP � :;:;.: •: ..::::. :::..:: <::.>::% :: �::.. <: �.. !:? ;,::�> •:::�• �:::.� ::.::> .. �`:::::::: :. 09/11/2018 13:39 Fi rmware V2f 51011 2NM 2000.002.202 2014.10.22 [2NM 1000.006.002] [2NM 1100.001.004] [2NM 7000.002.201] ��:',.3"/�Y%//..3:::::'r"rr::$i�i�::3?i:�?::?:3i:��iE i��i<�?:i�>:>i�:�::::iEf�fi'+::i;:i2:i;:i:ii:i::::�t:i8;:ii:::;:�iii,:;. :.x4..i:•:r<.:>:;::;:r::::::o-o->:•>:;o-:o-»>o-»>o-:»:b:o-;�:.:!u.:>,»>.>o-:::>::t<a::.:r.;>:�:>:r.:;:os::�vo�:� � Job No.: 021543 Complete Total Time: 0°O1'48" Page: 004 Document: doc02154320180911133701 ��t � ��1��b�� , , . � : : ;. ��M1�.� _ . ,,.�� , , �� v��cx�.�� s��r . . ., TfJ: M ' ' s. t . 1�1.�� . FA� NCTMBER: �� `�"�:. -� ��- �� No. Date and Time Destination 001 09/11/18 13:37 14077341770--723 Times Type Result 0°O1'48" FAX OK Resolution/ECM 200x100 Normal/Off 1 [ LSM4Z06858 ] - •�:� �,:� �'•, �-.. � � �_ '< � � Oketcl+ob� P�►� �Sd'ir.�f� L i e✓� �� C ( Wa��Yre�S� • � • ;4GENDA Case No.18-024 (continued from page 2) Teresa Cappetta. 502 SE 10'h Avenue Ch 30 Sec 30-43 Publiic nuisance Case No 17-036 Brenda Kemp. 800 SW 2nd Avenue Consider recammending foreclosure B. Update on Case No 17-040 Okeechobee Park Street LLC (Walgreens) SEPTEMBER1'I,2018•CEB REGULARMEETING-PAGE30F4 ; °` ` BOARD AGTION -,DISCUSSION : UOTE Member Denisuk moved to find Case 18•024, Teresa Cappetta, 502 SE 10'" Avenue, in violation of Ch 30 Sec 30•43 Public nuisance, based on the testimony of Code Officer Sterling, imposing a fine of fiffy dollars per month, beginning thirty days after proper notification and recommending City staff investigate the possibility of proceeding with condemnatian of the property; seconded by Member Bernst. GAMIOTEA • YES CLOSE - ABSENT BERNS7 • YES CONRAD• ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS • YES WILT • YE5 MOTION CARRIED. Code Officer Sterling testified notice of hearing was sent via certified mail and refurned. Therefore, notice was posted on property located at 800 SW 2"° Avenue. Officer Sterling said the property is not being maintained and a fine of fifty dollars per day has been accruing for almost a year. Chair Gamiotea reminded the board this property is across the street from the Okeechobee County School Board. He added, due to fhe location it is highiy visible to everyone doing business at the School Board. Therefore, it is very important for this property to be kept in compliance. Member Sanders moved to recommend Case 17•036, 800 SW 2nd Avenue, be sent to City Council to proceed with foreclosure, based on the testimony of Code Officer Sterling; seconded by Member Bernst, GAMIOTEA - YES PIPPIN • ABSEN7 CLOSE • ABSENT SANDERS • YES BERNST-YES WILT • YES CONRAD•ABSENT DENISUK-YES MOTION CARRIED. Code Officer Sterling gave a brief update on Case No 17-040 Okeechobee Park Street LLC (Walgreens). He stated Walgreens is in the process of installing a new well for the irrigation system. Once the irrigation system is working properly, then they will begin replacing dead trees and shrubbery. O�cer Sterling said they have been very cooperative and appear to be wiliing to do whatever the City requires in regard to all landscaping issues. � ■ Complete items �nd 3. e Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Lt�ZAR JONES; DIST: ;+✓IAiJ�'�il�;r WALC'1KTENS CO. 1 1650 MIRAMAR PKWY, STE i#101 MIRAMAR, FL 33025 I I' I I II I II I� I I I( I I I I I I I I I I I I I I 9590 9402 4228 812� 3273 34 2. Article Number (Transfer from service /abel) 7�16 271,0 �0�� 1,724 PS Form 3811, JUIy 2015 PSN 7530-02-000-9053 �. � D. I� delivery address different from ite� 1? I YES, enter deiivery address belo : 3. Service Type ❑ Adult Signature ,❑-,IAdult Signature Restricted Delivery Ry Certified Mail� ❑ Certified Mail Restricted Delivery ❑ Collect on �elivery ❑ Collect on Oelivery Restricted Delivery 9 9 6 0• �cted Delivery u ❑ No ❑ Priority Mail Express� ❑ Registered MaiIT"" ❑ Registered Mail Restricted: Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation*"' O Signature Confirmation Restricted Delivery Domestic Retum Receipt USPS TRACKING # �I ' 9590 94�2 4228 8],21 3273 34 United States Postal Service RECE Class Mail ;�;;�age & Fees Paid ll� S Permit No. G-10 • Sender: Please print your name, acJdress, and ZIP+4° in this box• CI�'Y OF UK�ECHOBEE CO�E DEPT. SCp � � 2��$ 55 S.E. 3rd AVE. OK�ECHO�FE, FL 349�4 .. .. :9;;.: :. ::::�:. . ' : � ij� 0°j=#::::: ieii��I=iliiiF�••S2i'•+: +ii. ��ii !'• • t,r tr �!i !€ tI ��:''= 1I31'('>T't`i<!`+� '7�.�r�1'.. ■ Complete items 1 �d 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addrr:ssPrl tn_ OKEEC�IOBEE PARK ST. L,L.0 wnLarzrrr��5 c�o. R�:�1, i:sr. i�ru�E� �rnx PO BOX ± 159 DE�RFI�;LD, IL 60015 IIIII III IIIII'll III III II I�II 9590 9402 4228 8121 3273 41 2. Ariicle Number (T�ansfer from service IabeU 7�7,6 2710 ��0 ],724 A, Signature � X Agent Addressee B. e e N ) '��f QAeYiyery�� dd d L D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ Aduit Signature Restricted Delfvery Certified Mail� ❑ Certified Mail ResVicted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 9 9 5 3 stricted Delivery ❑ Priority Mail Express0 � Registered MaiIT"' 0 Registered Mail Restrlcted: Delivery O Return Receipt for Merchandise ❑ Signature Confirmationr"' ❑ Signature Confirmation Restricted Delivery __. _ _ - � � --- PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USRS TRACKIyG#,<*i, U • * rl 9590 94�2 42Z8 8121 3273 41 United States Postal Service �� _st-Class Mail :_�tage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4° in this box" CI�'Y OF OK�ECHOBEE CODE DEPT. 55 S.E. 3rd AVE. ��p � � Q�CFiOBEE, FL 349�4 C. �Il�i�li�ll,�r�j��,>>>i��srlfi�li�,i��,l��i��li��i�1I'�1�7f ,''1I�'//:iiiy�'I_ _ ,. .- ,. ..: ,� . . ;.. .: � .',. - `� : ; .'�� '��.;.....i� Cit o O�Z.eecl�.obee y Code Evi.forceme-n.t CASE # 17-00040 Okeechobee Park Street LLC 100 NW Park Street Okeechobee, FL 34972 I hereby certify receipt of Notice of Hearin� hand delivered by the City of Okeechobee Code Enforcement Officer. �� JC� � {� Date �' x / �� P� ' itness Printed Name 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (8(3) 7(3-4489 <� )�"ti� . >i v�C�C �U.S. Postal Service'" _ ;; ERTIFIED MAIL� RECEIPT . � , omestic Mail Only � �Of delivery infnrmnr�.,.. ...��■ ,......,_�_.._ _. _ . _ �.. . .� a - n . , � C;�;rtified Mail Fee � �� .+o�.��va ree� �cnecKDox, edtllee es appropdate) O I_� I4oturn Receipt (harticopy) $ O �� Roturn Recelpt (eleclronlc) 3 pas�mark 0 ❑ Cortifietl Mail RasMqed Dallvery $ F1e � � I ] A�1ult Signature Requlred $ Q I-� qdult Signature ResMcted Delivery $ /1 ��,;' f� � ��' stag0 U � � :� Ill .7�otal Postaaw anr� Geee � 3 � Scnt To � sr,�;o�a �;r,,, -s�a�e,- zr ,-4'� -�S�_r_ �c�-- ��r�a��----- ------- -- --- ------� m i:. u-� ; p�- -- � ''� S � IC�=rtified Mail Fee� I'`- r� ��d �L�cii�� Services & Fees (checkbox, ad� p i I.Ifleturn Recelpt(hardcopy) $ p j -� Roturn Recelpt (electronlc) $ � j I�%ertl�ed Mail Restdcted Dellvery $ � � �� Aduft SlgnaNre Requlred $ _ � I j A�iult Slgnature Resiricted Delivery $ � Postage � c; fLJ Toeal Postage and Fees � � 0 � � � �� vs eppropnate) Postmark Here g � I �� _ �_k�__S�,__�� - -- ---- ---�� — -- — ----- _. — — --- �;�y, �<<��e �,,�, C�t o C��.eecl�.obee y Code Evi.forcement August 30, 2018 Okeechobee Park Street LLC Walgreens Co. Real Est. Prop. Tax PO Box 1159 Deerfield, IL 60015 Re: Case #17-040 Walgreens, 100 NW Park Street, Okeechobee, FL Dear Property Owner: This letter is in reference to the Code Enforcement Board Order/Lien dated January 9, 2018 imposing a fifty dollar per day fine beginning February 19, 2018 for overgrown vegetation, dead shrubbery, debris/trash and landscapirig issues for store located at 100 NW Park Street. On March 15, 2018 the Lien was recorded in Okeechobee County. The fine has now accrued for over ninety �901 days and is continuin� to accrue dail,y, Accoxding to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the properry to collect the fine. At this time no foreclosure action has been taken against the property. However, you should contact our office immediately in order to bring the property into compliance with City ordinances and stop the fine from accruing. The next regulaxly scheduled Code Enforcement Board meeting is September 11, 2018 at which time the Code Board could decide to recommend foreclosure. Please contact me at 863-467-1586 to discuss this matter. Sincerely, f � � �.. �..... d Sterling Code Enforcement ficer (863) 467-1586 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 /,. August15,2016 Okeechobee News 3 Loc�l busi�esse� cited for �ode violatio�.s By Katrina Elsken Okeechobee News Two businesses �� at the City of Okeechobec's main interseclion o( U.S. 441 and Sta[e Road 70 face fines for failure to �maintain their properties. The Okeechobee CVS and Walgreens properlies have both been found in violation o( the city's codes. The city code defines public nuisance as "the e�cistencc of Qxcessive accumulation of Iitter or untended vegetation, garbage, weeds, or othcr dead or living plant life; or places holding stagnant water, and all other objectionable, unsightly or w�sanitary rnal- ler upon any lo[, track o( land within the city, wh�ether uncovered or undcr shelter." City code also requires: "All owners of improved property shall cut and keep wt all weeds, grasses or undergrowth on the entire property, [o a heighl not to excced eigh[ inches. Also, all landscaping shall be trimmed and kept in a ncat appearancc so as not to adversely affect the aes[hetic ap- pearance of the property and adjacent prop- erlies." On Jan. 9, [he city code board (ound Okeechobee Park S[rect I,LUC (Walgreens) in violation of city codes rclated to landscap- ing and public nuisance, and imposed a fine of $50 per day until the violations come inlo compliance. As of Aug. $ the accrued fine was $8,250. "The city has made personal contact with the store and/or district management on nu- merous occasions regarding this lien, but il appears no one at [he district or corporate �AA. announces contest for Florida eig�th-graders Special to the Okeechobee News 7AMPA — AAA will give Florida eighth-graders the chance to go on the trip o( a lifetime. Thc Auto Club Group will hold a contest where the winncrs receive free round-trip airFare toAmsterdam, iravel insur- ance, money (or passpor[s and a river cruise through the Nethedands and Belgium. The Auto Club Group is partnering with AMA Waterways and Allianz Global Assis- tance to providc the trip. A total of 60 stu- dents in select stales will be chosen [o go on what AAA calls [he "Discovery Crew" cruise. The contest runs from Aug. 2l through Sepl. 21. Studenls can enter at AAA.coM DiscoveryCrew. To be eligible, students must be: • Enteriog the eighth grade in good standing; • At least 13 years old; • Reside in Florida, Georgia, lowa, Mich- igan, Nebraska, North Dakota, Tennessee, Wisconsin or selec[ areas of Illinois, Indiana or Minnesota; • Visi[ AAA.com/DiscoveryCrew to con- firm eligibility. Winners will be�selec[ed based on: • A creative selfie, showcasing their love for Uavel; and, • Their answcrs lo three essay questions: 1. Why do you want to go on this Vip? ':4lways on Top of the lob" _ — __ i�'�� - --!�� iO�B�C,�� Re-Roofing Specialists • Metal & Shingle Roofs ^ Flats & Leaks Repair r � � ; � �, � 1 � �. 2. How do rivers affec[ [he communities through which they run? 3. During [he trip, you'll meet many peo- ple. In what ways do you expect the people you mcet to be similar to and di(ferent from yourself and your friends and famity? Winners will be notified beginning in Oc- tobec Those students get to brinq one parent or Iegal guardian to serve as a chaperone. Each pair will share a cabin while sailing on the AMA Wa[erways "AmaDan[e" ship, from March 28 to April 4, 2019. "This is Ihe first time AAA has held a con- test like this," said Deborah Haas, AAA-The Auro Club Group vice president for travcl produc[s and services. "We truly want to inspire young travelers and make the world their classroom. The winners will explore beauli(ul destinations in the Netherlands and Belgium, Ieam about the people and their cullure and create memories that will last a lifetime. "AAA is exlremely excited [o co-sponsor the wntest and trip," Ms. Haas continued. "This would no[ be possible wi[hout our travel partners AMA Walerways — who do- nated the cruisc — and Allianz Global As- sistance." Contest rules No purchase necessary. Legal residents of specific 2ip codes served by'Phe Auto Club Croup wi[hin the Uni[ed Statcs who are a[ office is willing to makc an effort to resolve [he compliance issue," wrote City Atlomey John Cook in an Aug. 2 letter to thc com- pany. �"Under F'lorida Statute, if a lien remains unmsolved in excess of 90 days, the city council may recommend [hat a licn fore- closure be filed in circuit courl against the offending parbj. This time period has now elapsed, but further action has no[ to date been presented to the city council for con- sideralion," Mc Cook wrote. At this time the city will postpone fuo- ther action for a period of 30 days to await a response. You arc advised that even if the violations are resolved, the accrucd mone- tary lien will remain in ef(ect until paid, or a corporate representa[ivc appears at a code board meetirtg ro requesl a fine reduclion," least ]3 years old and who are eighth-grade students in good standing at their school at Ihe timc of entry. Void where prohibi[- ed. Contest ends 9/21/18. For oFficial rules, prize descriplions, and eligible zip codes, visi[ AAA.com/DiscovcryCrew. Sponsors: Mr. Cook wrote. In similar actioq in a Feb. 13 hearing, !he city codc board found Spiril CV Okeechobec FL LLC (the CVS property) in violation of city codes related to landscaping/public nui- sance. The accrued fine as of Aug. 2 was $6,850. This business was also given 30 days to respond to an Aug. 2 lel[er from the city at- torney. '9l may or may not be feasible for Ihe city to file a foreclosure action, bul it certainly would be embarrassing to thc company i( lhis action were to occur," wrote Mr. Cook. "This city would much rather have Ihe store wme inlo compliance with codes, as it would resolve the enforcement issue, and resull in an aesthetic improvemenl to [he location." The Aulo Club Group, 1 Auro Club Drive, Dearborn, MI 48 ] ZG; AmaWaterways, 260 ] 0 Mureau Road, Calabasas, CA 9130'L; Allianz Global Assistance (a brand of AGA Service Co.), 9950 Mayland Drive, Richrnond, VA 23233. Okeechobee High senior photo sessions scheduled Members of (he Okeechobee High School Class of 2019 should sign up online at pres- tigeporlraits.wRUFl tor appointments (or senior pictums. You can view this site to see your session options and answers to Gequently asked questions. Seniors must liave these pictures taken if they want to be in the OHS yearbook. Prestige Por[raits will be on OIiS campus on the following days: • Aug. 15, 1 p.m. to 8 p.m.; . ' • Aug. I6, 1 p.m. to 8 p.m.; .. ' Aug. 20, 1 p.m. to 8 p.m.; � • Aug. 21. 1 p.m. to 8 p.m.; • Aug. 22, I p.m. to 8 p.m.; and, • Aug. 23, I p.m. to 8 p.m. � � It is the responsibility of [he s[udent [o set up an appoin[menL - They can only phorography 35 studen[s each session. Students are encouraged [o sign up early. Any questions, please contact Mc Pung for further information at pungc�okee. k12.Fl.us. Prestige Portrait Sludio, 7707 S.W. Glipse Way, Stuart, can also be contacted at 800-74!1 27D(i or 7i?-1fi3 9�I:i7. � ,�, � Y� �s� , �;. . ..,,_. � e��,. �- ,, �' � . � � . ��'�-'�j �-�� ( i � � � � 4- i . e �!�`aP�„3`�x ��'� #��1' ��c �*`P' � "" (�. `�� - � . �� r �- -: .�. .- ��. � �s ��1G�� . - I c.�ttoi ti �li�ctouc � v��li.a � �idv��usemcnt�nourmagnzit "! „� eoratacPoneofoiu-dedicakee i ' '�� y/� �� s:desrepresentarives � -- - � � � �b3.763.3134 a vl.cf)i cc u cc3u 11 �c:, r � icc i Roofing wfth the name you trust! ��" /� �C4�� ROOFING �� E �IRS Residential Commercial Lcensed and Insuretl St. Lic. CCCOA6939 llon't make a Mistake! Call Big Lake s63-763-ROOF (7663) ��r.Q,�IS �-1,�,11 �I-e� .�� Bobbie Jenkins From: Sent: To: Lane Gamiotea Tuesday, August 14, 2018 12:31 PM Bobbie Jenkins Subject: FW: Code Board Agenda for August P.ttachments: doc02090720180813151111.pdf; doc02090820180813151201.pdf; doc02090920180813151301.pdf Bobbie, please rnalte a cony of �his em�il as well as the at�tachrrie�Ys, �o che appro�ria�te �file vve have on these. They should also be scanned in to their respective LF lien files. Yhanlcs L��u�� u�c��t��ao5r�aotr��, �►�J'�G Cify Clerk/Personn�l Administrator City of Okeechobee 55 Southeasf 3`d Avenue, Okeechobee, FL 34974 O�rice: 863.763.3372 x981�} Fax: 863.763.1686 Cell: 863.697.03�5 ,� � ��nY£�� ' � • ':^ � �.ti �'�, �„ �l' � �=t ''- j,,+� _�, ]• %J �1 � .�. �tr 'f .�.- °,;' A V�� k.��: ��. `��i C.�.{ k�.,.i. ....... C PIJ�LlC RECORDS �OTICE: Unc�er Florici� law, email adclre�ses �re public records. If you do nof vvanf yo�r em�il �ddress released i� response �o a p�blic records rec�uest, do nof send electronic mail to fihis enfify. In�te�d, contact fhis o�rice by phone or in vvri�inc�. Floriul� Statu�e 668.6076 CIiY OF OF<EEGHOBEIE E-�AIL DISCL,�I�iiER: Florida has � very broac� public records lavv. �idost vvrif�en communications fo or frorn local o�fiicials rec��rciing city business are public records �vailable fio fhe public and media upor� request. Your e-mail communications may fherefore be subject fo public disclosure. From: Sue Christopher Sent: Monday, August 13, 2018 3:35 PM To: Jennifer Tewksbury Cc: Bobbie Jenkins; Lane Gamiotea Subject: RE: Code Board Agenda for August Notification of possible foreclosure on Walgreens, CVS, & Kemp (802 SW 2"d Ave.) From: Jennifer Tewksbury [mailto•jenniferCa�economiccouncilofokeechobee.ora] Sent: Monday, August 13, 2018 2:44 PM To: Sue Christopher Subject: RE: Code Board Agenda for August May I request this letter please? _ _ _ __ . _ _ _ From: Sue Christopher <schristopher@cityofokeechobee.com> Sent: Monday, August 13, 2018 2:21 PM To: Jennifer Tewksbury <lennifer@economiccouncilofokeechobee.org> Subject: RE: Code Board Agenda for August Aiforney Cook gave me a leifer fhat has been mailed to no'tify fhem of possible recorr�mendafior� of �oreclosure aY 9/11/18 meeting. ---- __ _ _ _----- _ _. From: Jennifer Tewksbury [mailto:jenniferCa�economiccouncilofokeechobee.org] Sent: Monday, August 13, 2018 11:52 AM To: Sue Christopher Subject: Re: Code Board Agenda for August Hi Sue, Thanks for tracking me down! I was just about to email you my new email address. Thank you for the agenda. Question, is there a reason Walgreens and CVS aren't on the agenda? As an old business item or anything? Same question for 802 SW 2nd Avenue. From: Sue Christopher <schristopher@citvofokeechobee.com>�{,L_�. ,_r��_ _ ___�.�.____,.�_�,.��,,a=�..,_.��.dt=, � _..:., Sent: Monday, August 13, 2018 10:14:32 AM To: Jennifer Tewksbury Subject: Code Board Agenda for August Jennifer — I sent this to the email I had been using for you but it got returned. Is this the best email address for you now? Sue r� �xh�b�l-- �� ,c��,�s}- 14t �bt 8 CODE ENFORCEMENT BOARD August 14, 2018 *vF �c�e�edc9exx��'c�'cx9e4ra4xx 'r.4eakde�xxde�edeae�':x�Foexx9ex�s�e�F*9e�e9ededeot9e�e��eY9e�Ex�e�3e�F*�xeY�Fxdeieacx�k�r*4cie��9e�e�Faexx*9e�Fx�k�k�k*�k�k�k�k*�k�k�k�k�k�k�k�k�k .r####��k �k�k�k�k�k�k�k#�k�k Case No Name Fine Siarted Filed 90 Days 15-013 Anthony Bertram $15/day 7/10/18 1105 SW 7`" Avenue 17-005 Jackie & Melinda Rediker $15/day 5/14/18 8/9/18 11/07/18 201 NE 10�' Street 17-012 Juan & Lydia Almodovaz $15/day 9/17I17 11/9/17 02/06/18 1804 NW 7"` Avenue 17-020 Kenneth Nichols $10/day 11/28/17 I/17/18 4/17/18 114 NE l lth Street 17-036 Brenda Kemp $SOJday 12/23/17 3/15/18 6/13/18 800 SW 2°d Avenue 17-028 Lorene Mott $15/day 1/19/18 3/23/18 6/21/18 1006 S W 5�` Avenue 17-04Q Okeechobee Park Street $SO/day 2/19/18 3/15/18 6/13/18 100 NW Park Street 17-039 Spirit CV Okeechobee FL $50/day 3/19/18 4/11/18 7/11/18 106 N Parrott Avenue 18-008 Thomas Corcoran $15/day 5/30/18 7/02/18 9/29/18 302 NE 7�' Street 18-009 Thomas Corcoran $15/day 5/30/18 7/02/18 9/29/18 309 NE 6`'` Street Code Board Action 5/09/18 - Imposed fine: pub. nuisance/commercial vehicle 5/09/17 - Imposed fine: disabled vehicles/pub. nuisance 8/08/17 - Imposed fine: disabled vehicle & cleaning 10/10/17 - Imposed fine: dis. vehicle & pub. nuisance 12/l2/17 - Imposed fine: pub nuisance/general cleaning 12/12/17 - Imposed fine: pub nuisance/general cleaning I/09/18 - Imposed fine: pub nuisance/general cleaning 2/13/18 - Imposed fine: pub nuisance/general cleaning/ general landscaping 5/08/18 - Impased fine: pub nuisance/general cleaning 5/08/18 - Imposed fine: pub nuisance/general cleaning * Distributed at meetin� for informational purposes only. ''1�'// �i�iy� , _ , _ ,. .- ,. ..: .�,�. . :. .,,. _ . ,. _ �,,� ''��•;.,.•��' c �ty o Code O �Zeecl�.obee Evi.forcement CASE # 17-040 Okeechobee Park Street LLC 100 NW Park Street Okeechobee, FL 34972 I hereby certify receipt of Notice of Lien Forclosure hand delivered by the City of Okeechobee Code Enforcement Officer. .' , e s Signature �.�� C�I'� _C� ``Ul1l Y r�'\ t Printed Name 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 �� ate ■ Complefe items � nd 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space oermits. Article Addressed to: OKL'LCHOBEE PARK S"r. LLC wni,cliir.rNs co. Rrni, r�;s r. Pac�i�. rnx PO BOX 1 159 DEF?RFIELD, IL 60015 A. Signature � - - ❑ Agent X � �'v�� ❑ Addressee B. Rec. 'ed by (Pr�il ted ame) C. Date of Delivery , ,. � ; D. Is de il�� ss i erent rom item 1? ❑ Yes If VES, enter delivery address below: ❑ No AUG A 6 20i8 I I I I� I'I'I I II I I I I I II III I I I 3. S2NiCe Typ2 ❑ Priority Mail ExpressOO ❑ Adult Signature ❑ Registered Mailr^+ ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified MaitO Delivery 9590 9402 2505 6306 7299 82 Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number fTrans(er fiom servica ranPn ❑ Collect on Delivery Restricted Delivery � Signature ConfirmationTM red Mail ❑ Signature Confirmation � 0],i [� 2�]a � � � � � 17 2 4 9 7 9 3 �red r�tail Restricted oe�ivery Restricted Delivery � �...�r $500) PS Form 3811, July 20'15 PSN 7530-02-000-9053 Domestic Return Receipt � USPS TRACKING # f t {��;?�tt� �it (j (� t!t{l��;!( ■I t-Class Mail ': j i�!i €! ! I IE` utage & Fees Paid � � � Per t No. G-10 959� 94�2 2505 6306 7299 82 �anited States �Sender: Please print your name, address, and ZIP+4�' in this box• .. .:' �I Service CI�"Y OF OKfEECHO�EE CODE DEPT. 55 S.E. 3rd A�fE. OFC�E�FfOt3��, !=L 3-j�??�. ' �ECE�`��'�.°+�;=;:� e Complete items nd 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑ Agent ❑ Addre Article Addressed to: D. I delivery address differ rom item 17 � f YES. enter delivery address below: ❑ LAZAR JONES, nIS"I'RICT MANAGGR WALGR� l;N CO. 1 1650 MIRAMAR PKWY, STE #101 MIRAMAR, I'L 33025 3. ServicB Type ❑ Priority Mail ExpressOO I I' I I III II I II I I I I�� { I� I I I I I ❑ Adult Signature ❑ Registered MailTm I ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail� Delivery 9590 94-02 2505 6306 7299 68 Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM 2. Article Number (Transfer from service IabeD — ail ❑ Signature Confirmation 7 � 16 2� L � � � � � 1, 7 2 4 9 8 0 9 ail Restricted Delivery Restricted Delivery q PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' . US�'S';�4+GKING # � ' I I��' , . ' .:' 9590 9402 25�5 63�6 7299 68 United States Postal Service � :._t-Class Mail I I �iitage & Fees Pafd �i'S Permit No. G-10 • Sender: Please print your name, address, and ZIP+4� in this box• �A�'Y CB� (�F4��C6�t�BEE (:ODE D�P�. 55 S.E. 3rd AVE. OK�ECHOBEE, FL 34974 �i�� €9�E� '�f�� ti "� 7�1� �i:tf,�?�I�iFl�t�iiji�11�s11��3�i1��i)iIIl��iifz#��ls��)fi11t�! C �t o O Izeecl�.obee y Code Enforcement August 2, 2018 Okeechobee Park Street LLC (Walgreens) Re: 100 NW Park Street, City of Okeechobee, Florida/code liens After actual notice to the district manager and corporate offices of your store, and pursuant to action of the code board for the City of Okeechobee at a public hearing on January 9, 2018 the board found your establishment to be in violation of certain city codes related to landscaping/public nuisance. As a result, a fine was imposed against you in the sum of $50.00 per day, until the violation(s) came into compliance. A lien was filed in the public records of the clerk of court for Okeechobee county, and may be found at O.R. Book 804 Page 96 . The accrued fine to date totals $8,250.00, and the violations remain in effect. The City has made personal contact with the store and/or district management on numerous occasions regarding this lien, but it appears no one at the district or corporate office is willing to make an effort to resolve the compliance issue. Under Fla. Statutes ch. 162, if a lien remains unresolved in excess of 90 days, the city council may recommend that a lien foreclosure be filed in the circuit court against the offending party. This time period has now elapsed, but further action has not to date been presented to the city council for consideration. It may or may not be feasible for the City to file a foreclosure action, but it certainly would be embarrassing to the company if this action were to occur. The City would much rather have the store come into compliance with codes, as it would resolve the enforcement issue, and result in an aesthetic improvement to the location. At this time the City will postpone further action for a period of thirty (30) days to await a response. You are advised that even if the violation(s) are resolved, the accrued monetary lien will remain in effect until paid, or a corporate representative personally appears at a code board meeting to request a fine reduction. Please contact our code officer Fred Sterling at (863) 467-1586 if you wish to address these issues. Thank You, , � r---'' � , � l� �� John R. Cook, City Attorney Cc: Marcos Montes De Oca, City Administrator � 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 < g ta� _ � �;� c,� �i i �� y,: � � 1 �3� j � 1 1{ p�' } : �S �' � �" i ��i��'p.k. � ' � :s:'� � �� ,., � ,a.�.. :. . �'� V ,�'.Iro 1 i a" .. � �9tix� :�,�,c -•;�.�.ms�is"eS"s�.� ti �; ��iaPa nnan Fo� ---- �—�=--_ ��" . ' . ,, .� --- --- _ ___I '-� "' ---- E::tra 3er✓ices 15, ��es (chcck box, edd fea.�s apprq�Ur.feJ � � [. I �ieturn �tac�int (hardcopY) � __. [] I 1?otwnR� +ipt(olaMronic) $._ P'pStntafiC � �� Jart �icd PAail I�Fstricted nellvery s_.._._ ..- � __ i'ierr'. 0 �_; Adulf Sicnatur:;� PlequlreN, .� �./•. �_� dult 51;{n,�Pur� R2stricicd Dollvery :__, _,_�,_ I/,1\ 0' ncYuic�^----�------�.'-- C:: i i � 1 � �'i . . — l� f� + � '� � 't23%aA posYage and pees �--'�-"�--- ,Jj " _,. _. , �. --- . ^-- � � �t in r� I f �,1,,r1 . . . --- O I- -- `�r��.. � �/!'4 f`�C�X� �� ,(� �\ )'� ` -�� --I � i`., , POf-Ju. No '-�- ..... __ j I� 1 -- --- City Sr nd Ipi ��/ /� -------;- l-�� `, ..._l.c-� -p - -----.._._...._ �l:l.::.._ �-•t..:_t " :.�_ �=-' � ; at�. !f`; ; -i-�.4_.: � ---..__ ' ! . ! -- - .. b!��v e-w / f (I 7, T t 1 �) ,�'�„'� ��.�. ae w< x r s �° � i. , �' a�i „�: _.� _, = p A �', � ��r�� ' -:� � �w ' � w o � � o � ��!a%rE , �� .�_�� '�' ° . ��'� �, , ,� � _ F � � �.�?i;i � � _J fL1 CerCifiecf iVlail Fec� ---- : - -- l'`- -�- 'i ° - Extra Services b. F�es (choGr Unx, raddfcc ns npr��oprinto) � ❑ Fleturn iaeceipi (h�rdcopy) $ -------.__.__ p I. _I!l�twn i;ecaipt (clor,p�onir,) g —_--- �e: -- P,:�s�rnar'< ��, � �_� . rtklact Mail R�::tiicteci irnlivr�ry $__ ____ __ � 's'lore: � 0 • [�n.clult;-ti�naiw��Fi�nuh'ed g---_.-----_--.- 1 �,��.�dui. Sic�nafure Rcstricted Dellvory t5 __ ;� y l� � Postatje .._—_.,—.__�._._..—._ ,�; � rl � jt (�- � � ia#a� 5 �s4age an�H l�ees -..._. ..__ -p � .. - - . . . . __. _ — -- -r- - - . . . 3il> .._.. �-- � _ /'7/ � r )jy�I 7 y- {j � '�-�y (�4 v,C,� � _1 L !J � �.�.i �� _,S�( , _ !� :L / Y /l,lJ-�[,[cC�S.-f� � 'r �� r d ��r Np., n_ ��r�. A�o 1 � r � ) ' � � �,�,, .�rA�o z,F�� c,�-. �.� � _ �.�. - _ __ � � � CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-040 Name: Okeechobee Park Street LLC Property Location: 100 NW Park Street Parcel: 3-15-37-3 5-0010-01550-0080 Code Board Action: Imposed a fine starting 2/19/18 @ 50.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleanin� . Accrual of Fine: Feb = 10 Mar=31 Apr = 30 May=31 June = 30 July = 31 ° "� �-�,g - -�; � As of August 14, 2018 the fine has accrued for 177 days @$50.00 per day for a total of eight thousand ei�;ht hundred and fifty dollars ($8,850). The fine will continue to accrue @$50.00 per day until the property is brought into compliance. • Case: # 17-040 CITY OF OKEECHOBEE CODE ENFORCEMENT Name: Okeechobee Park Street LLC Property Location: 100 NW Park Street Parcel: 3-15-37-35-0010-01550-0080 Code Board Action: Imposed a fine starting 2/19/18 @ 50.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleanin� Accrual of Fine: 2018 Feb = 10 Mar = 31 Apr = 3 0 May=31 June = 3 0 July = 31 Aug = 31 Sept = 30 Oct = 9 TOTAL = $11,650.00 (233 days @ $50 per day) Date of Compliance: /f, �� Cnh�b�+ #�. �'��. ra,aor$ CODE ENFORCEMENT BOARD June IZ, 2018 9e�c�Fxx3ex�Yx�Y�k*xx�E�eic.'cx4c9ek�cx9F9e9c�eds�c�F9c��c4c�F�ie�e�c*x��c�+e�oY�ex�Fxx�cx4r�Fde�cicdc�e��cdex*xx9r9r9ea4xx�ede9exie*3exxxxx*�k�k###�k�k#�k�k�k*�k�k�k��k�k�k�k#-k�k#�k%k�k�k�k�k�k�k�k�k Case No Name Fine Started Filed 90 Days 17-005 Jackie & Melinda Rediker $15/day 5/14/18 201 NE 10�`' Street 17-012 . Juan & Lydia Almodovar $15/day 9/17/17 11/9117 02/06/18 17-020 17-036 17-028 17-040 17-039 18-008 18-009 1804 NW 7`�' Avenue KennethNichols $l0/day 11/28/17 1/17/18 114 NE 11`'' Street Brenda Kemp $50/day 12/23/17 3/15/18 800 SW 2°d Avenue Lorene Mott $15/day 1/19/18 3/23/18 1006 SW St" Avenue Okeechobee Park Street $50/day 2J19/18 3/15/18 100 NW Park Street Spirit CV Okeechobee FL $SOJday 3/19/18 4/11/18 106 N Parrott Avenue Thomas Corcoran $15/day 5/30/18 302 NE 7"` Street Thomas Corcoran $15/day 5/30/18 309 NE 6"' Street 4/17/18 6113/18 6/21/18 6/13/18 Code Board Action 5/09/17 - Imposed fine: disabled vehicles/pub. nuisance 8/OS/17 - Imposed fine: disabled vehicle & cleaning 10/10/17 - Imposed fine: dis. vehicle & pub. nuisance 12/12/17 - Imposed fine: pub nuisance/general cleaning 12/12/17 - Imposed fine: pub nuisance/general cleaning 1/09/18 - Imposed fine: pub nuisance/general cleaning 7/11118 2/13/18 - Imposed fine: pub nuisance/general cleaning/ general landscaping 5/08/18 - Imposed fine: pub nuisance/general cleaning 5/08/18 - Imposed fine: pub nuisance/general cleaning * Distributed at meering for informational purposes only. L, N1Eu. • o�.. M�,Y �,aot� CODL �NFORCEMLNT BOARD May 8, 2018 *�**��*:�x��x��t�*��r��x��*�*��*��*��r:r�*��rX*x��:��t��t��t�t**************�x******************** Case No Name rine Started Filed 10 Days Code Board Action 17-012 17-020 17-036 17-028 17-040 17-039 Juan & Lydia Almodc�var $15/day 9/17/17 11/9/17 d2/06/18 1804 N W 7`'' Avenue Kenneth Nichols $10/day 11/28/17 1/17/18 4/17/18 114 �NE 11`� Street Brenda Kemp $50/day 12/23/17 3/15/18 6/13/18 800 SW 2"d Avenue Lorene Mott $15/day 1/19/18 3/23/18 6/21/18 1006 SW 5`" Avenue Okeecliobee Park Street $50/day 2/19/1 R 3/15/1R 6/13/] S 10(? NW Park Street Spirit CV Okeechobee FL $50/day 3/19/18 4J11/18 7/11/18 106 l�i Parrott Avenue 8/08/17 - Imposed fine: disabled vchicle & cleaning 10/10117 -lmposed fine: dis. vehicle & pub. nuisance 12/12/17 - Imposed fine: pub nuisance/general cleaning 12/12/17 - Imposed fine: pub nuisance/general cleaning 1/09/18 - Imposed fine: pub nuisance/general cleaning 2/13/18 - Imposed fine: rub nuisance/general cleaning/ general landscaping G Xn ► b��- �:L. Ntaarc.l� f 3 f a,o �8 GODE ENF'ORCEM�NT BnARD Mnrclt 13, 2018 ��**��xx��xx��t��x�**�t��*�x��:t��t�:�*x��t��**�*��x:��:�:��t*�x************************************ Case No Name Fine Started Fited 90 Days 16-015 Leon &"Tisha Edouard $25/day 6/03/1( 8/03/16 11/O1/16 90 � SE 8`" Avenue 17-012 Juan & Lydia Almodovar $l�/day 9/17/17 11/9/17 02/06/18 1804 NW 7''' Avenue 17-015 Billy & Jerri Lynn Hill $15,/day 11 !04/ 1? 1/ 17118 4/ 17/ 18 100� NV�r 8`'' Avenue 17-020 Kenneth Nichols $10/day l ll2$117 1/17J18 4/17/18 114 NC 11'�' Street 17-03( Brenda Kemp $SO/day 12/23/l 7 3/14/18 6/12/18 800 SW 2°d Avenue 17-040 Okeechobee Park Street $�0/day 2/19l18 Code Board Action 5/1 �/16 - Imposed fine: disabled �•ehicic & permit 8/08/l 7- I�nposed tine: disabled vehicle & eleaning 8/08/17 - Imposed tine: public nuisance 10110/17 - Imposed tine: dis. vehicle & pub. nuisance 12l12/17 - Imposed tine: pub nuisance/general cleaning 1/09l18 - Imposed fine: pub nuisance/general cleaning * Uistributed at meeting f'or informational purposes only. ■ Complete items 1 id 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A: SignaYure Addressee of Deliv ry �/� ci// � D. Is delivery address different from item 1? u'Ye: If YES, enter delivery address below: p No LAZAR JONES, DISTRIC"I� MANAGER WALGREEN CO. l 1650 MIRAMAR PKWY, STE #l01 MTRAMAR, PL 33025 I I� I I III II I II I I I I I I' I I I I 3. SeNICe Type ❑ Priority Mail ExpressO ❑ Adult Signature ❑ Reglstered MaiIT"' ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail� Delivery 9590 9402 2505 6306 7287 87 ❑ Certifed Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number fTransfer f�om service labep ❑ Collect on Delivery Restricted Delivery � Signature ConfirmationTM 7 � 16 '�L 7 10 � � � � 1, 7 2 4 9 2 81, �, � Signature Confirmation estricted Deliv Restricted Delivery ._._ _..._._ _ ._ .._..... _. ____ . ..._.--- ..._..___---__.._._._. PS Form 3817 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt � �, 7i�iCKING # � � 'L� , � ` �I 959� 9402 2505 6306 7287 87 United States Postal Service � �"'::t-Class Mail �tage & Fees Paid � �iJPS Permit No. G-10 Please print your name, address, and ZIP+4� in this box• CI�'Y O� OKtECHOBEE CO�E DEPT. 55 S.E. 3rd AVE. OK�ECHOBEE, FL 34974 ECEIVED JAN 2 � �01� s..—"w":f:_�:�i�:� f{iiliy�ljl�liii�)i�1��iz��i�i��,�i�,��l�li�ij�lyii�til�{i,i�,�� Complete items 1 �d 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: OKEECHOBEE PARK ST. LLC WAI,GR[;LNS CO. RGAL I;S"1'. PROP'I'AX PO BOX 1159 DEERFIELD, IL 60015 � A. Signature ,o� [ � X. r F;';R�,� fS 9ent � Addressee B. Rec.eiv�i by (Printed Name) C. Date of Delivery K � ' ,_ . f �� U �� D. Is delivery address different from item 1? es If YES, enter delivery address below: � No I I I I I �II II I II I I I I I I I I I I I I 3. SeNice Type O Priority Mail Express� ❑ Adult Signature ❑ Registered Mailr"' ❑ Adult Signature Restrictetl Delivery ❑ Registered Mail Restricted � Certified Mail� Delivery 9590 9402 2505 6306 7288 17 Certified Mail Festricted Delivery ❑ Return Receiptfor ❑ Collect on Delivery Merchandise 2. Article Number (fransfer from service label) ❑ Collect on Delivery Restri�:ed ::�elivery � Signature ConfirmationT"' ❑ Signature Confirmation 7 � 16 2 71, � � � � 0 17 2 4 9 2 5 0 �stricted Uelivery Restricted Delivery _ ____ _ _--..____ _ _ _ _----- -- ____.__ _ _ __. PS Form 3811 , July 2015 PSN 7530-02-000-9053 Dom�^r�c Return Receipt � �� ._ t USPS;_.<,�RAGItCIN�•#':��' f �,L'�;$�s� �._.- ,, . � .��. ' � , 959� 94�2 2505 6306 7288 7,7 United States • Postal Service , `��,�� '"' t-Ciass Mail , ::;,tage & Fees Paid .:?S Permit No. G-10 print your name, address, and ZIP+4° in this box� CIZY OF OKEECHOBEE CODE DEPT. ,��'� � 3 �'�1� (36��ECFIOBFE, FL 349'�4 1�i1�E�r��1r��lt��tl�i��,t��1�ljiil��tllli'i3ii3f�!!It'i't�I .� SNARON ROBERTSON CLERK & COMPTROLL.ER OKEECHOBEE COUNTY, FLORIDA 312 N.W. 3 STREET, SUITE 155 OKEECHOBEE, FL 34972 863.7b3.2131 REF: DA7E:3/15/2018 TIME:9:56:48 AM RECEIPT: 2018002849 CITV OF UKEECHOBEE ACCOUNT #: 0 ITEM - 01 LIEN RECD: 3/15/2018 9:56:48 AM FILE: 2018003272 BK/PG 0 804/94 �:OUE ENFURCEMENT BOARD CITY OF OKEECHOBEE KEMP BRENDA Recording Fees 18.50 Subtotal 18.50 ITEM - 02 LIEN RECD: 3/15/2018 9:56:48 AM FILE. 20180U3273 BK/PG 0 804/96 CODE ENFORCEMENT BOARD CTTY OF OKEECHOBEE OKEECNOBEE PARK STREET LLC Recording Fees 18.50 Subtotal 18.50 TOTAL DUE $37.00 �AID TOTAL $37.00 PAID CASH $37.00 -------------------------------- REC BY: M PINON UEPUTY CLERK www.cierk.co.okeechobee.fl.us o. �� - fLJ CcrtiFied Mail Fee � I `� � � �� :. �� F C r.tra SBNIC05 & Fees (check box, edd /ee as appropdefe) � ❑ ra�mm aeceiPt �narcfcoPy) g � � ] �ieturn Rece�pt (electronlc) S � I I I Certifled Mell Restdcted Dellvery $ � I i_ J Adult Signature Requlred $ � � Adult Signatura Restrlcted Dellvary $ � �_. F'ostag6 r-� C�" 7— � Total Postage and Fees � r�i � N Postm,�r,< Her� � f i� j� y f �, �.� � . � ,`_� ___'__'_'_'_'"'_"_'_'_'__"".___"_ �i ano npr. rvo., or rc� tsox rvo. � ' ----- --- ---------------------__"-'---------- State, ZIP+4" ' � � n� � , ,r,� � f1J Certified Mail Fee � �, � Lr.L a SeNIC65 & F2CS (check box, ed� O i j Hetum Racelpt (hardcopy) $ � f__J fleturn Recelpt (electroNc) $ � ��_ J Certified Mail Restdcted Delivery $ � rl ntlult Signature Required $ i j-� Adult Signeture Restdcted Dellvery $ 0 i�,:,�.;tage �I � i�i otal Postage and Fees Postmark Here � �? I� � $ '� Sc�nt To � a � o��s �s �c�-- =--��z�---r o - ------------- ----- -- � -- ----- -------- --- � Street and Ap/t �Nq., or Box/J N/o�. ----- _ V� �� _��-'C��---vc.`-�------�-------...--------------- Citv. Sf31e, ZlP+�O"�� / ii �.'� ' ,� ��.�� lKaA+:dw�N.' ., . � . = .f ��.�'� . , AGENDA Case No. 17 Od0 Okeechobee Park Street LLC. 100 NW Park Street Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification JANUARY J. 201 S•CEB REGULAR MEETING - PAGE 3 OF 4 BOARD ACTION - DISCUSSION - VOTE Officer Sterling testified no?ice of violatior/nolice oi hearing was sent via ceRiiied to the propery otivner's add;ess & received. Officer Steriing said there were no official plans on file for Okeechobee Park Street LLC (Walgreens) because it was built before the Land Development Regulations (LDR's) were established by the Ciiy. Therefore, the City has noihing to show what the original landscaping requirements were for this business. Also, Mr. Steriing said after talking with the store manager he fo�nd out the broken irrigation system had never been repaired. Officer Sterling said a lot of the vegetation is dead or very sparse. Chairperson Gamiotea reatl part of the City Ordinance pertaining to General cleaning & beautification (Ch 30 Sec 30-44, subsections b, f& g)"(b) Also, ail landscaping shall be trimmed and kept in a neat appearance so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (fl It shall be unlawful for any person to cause, maintain, permit or allow to be caused, maintained or permitted ihe accumuiation of any litter, garbage, abandoned property, stagnant water, untended vegetation or weeds on any construction or building site before, during or after completion of such construction or building. (g) It shail be the responsibility of all owners of improved property to maintain proper ground cover on their property (such ground cover including, but not limited io, grasses, concrete, asphalt tlecorative stones; in-laid brick, tile and shell rock) to prevent a condition that could endanger the healih, safety and welfare of any member of the community; maintained as required in this section. Furthermore, appropriate landscaping shall be installed, replaced and maintained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent properties." Chairperson Gamioiea said this ordinance will allow City staff to specify to property owner �vhat has to be done for property to be in compiiance. Member Close moved to find Case 17•040, Okeechobee Park Street LLC,100 NW Park 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, recommending a copy of City Ordinance Ch 30 Sec 30•44 including subsections (f) and �g} be sent to Okeechobee Park Street LLC allowing twenty five days from receipt of proper notification to contact City Staff with a timetable stating their intentions for landscape improvements and maintenance, if the City has not received a specific timetable for the work to be done by the end of the twentyfive day period a fine of fifty dollars per day wiil be imposed; seconded by Member Pippin. GAMIOTEA • YES CLOSE - YES CONRAD• YES DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED. • � • u Case # 17-040 Okeechobee Park Street llC 100 N W Pa rk Street CH 30 Sec.30-43 Public Nuisance CH 30 Sec.30-44 General Cleaning & Beautification 12/07/2017 — Mailed Notice of Violation/Notice to Appear. 12/13/2017 — Notice of Violation/Notice to Appear received, signed for by John Zorzy. 12/13/2017 — Hand delivered Notice of Violation/Notice to Appear to store manager. �ee Attached Photographs � � `� �"` � :� M � s ,� �; �;`� ��' + y � . � � cti� s ,- e� � � �v : . s ...A� �Py. • ,�. �-� ': � 1!� �� .x i �!' .{� �e�t . `� iJ°-. ,`qap�� 3'TI►' ✓, f . . i�. . � �� ) �i,`v : ' ��. fg'� . ��•. �.. ��f'� ;,� �� ,'� � ;� � t k �.:� f. 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V � �.rf'°+� .�" _ 1 �r'� 4 r��. t;. k145's+ A t�G k� i . i� �.� l � zt �� Y.. � �� I{I y g � . t ��l"' �� ..� rA �� ..� J N � ' � � � 4`" I �'� i �� .�� . � • • I �. r i —. ,.�� i-- , � �'�g F7�r - �, A� . .. � ' 1 I� M�l��l�$ • �� vA � � . .. � . — . . . . . y�� ,S y .��yY II . . . � R K � �.� ��1�! �{{d4::. iJ, i � Y��jyJY�ii•��i4il��'. F yy,,.� '- ,� ��5- s „t , y w ;• c h ,"��`-� wf� f ,€. "�-rn '�'n . , • � . r :'°� �ryw r s .�' � _ ,. _. .... _ . . . . . . . �TS . �.., .,..t. +�a:._t^^':....�z,�wiG i°� %"e" ,.. , 'i .,, .._ , . . . ' _ A�iS � � j e _-i✓+ �.._ . . . ... �' ' f . . . .,,.. s . ,�. � � � ...ry . _., .. ._. ,_ . . . , .. � G�. ENVIRONMENT § 30-44 sance has been filed, and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstanding the procedures available to the city by this article, the city retains the right and ability to proceed against the lot or paxcel for abatement of nuisance by F.S. ch. 60, or any other applicable provision of state laws. (Code 1982, § 8-10; Ord. No. 759, § 8-10, 10-3- 2000) , State law reference--Cost of repairs, etc. made part of lien, F.S. § 162.0. See. 30�44. General cleaning and beaut'a.�'ica- tion. (a) In the interpretation of this section, the city has determined that all lands in the city fall into the following categories, and this Code will be en#'orced in this section to confo'rm to these cate- � gories: (1) Unplatted and undeveloped lands are con- sidered to be raw land or urumproved land. (2) Platted and undeveloped lands axe consid- ered to be raw land or uniznproved lan.d. (3) Platted and developed lands axe consid- ered to be developed or improved land. (4) Unplatted and par.tially developed lands are considered as developed and improved land only for that portion of the whole parcel that includes actual developed land. (b) All owners of improved property shall cut and keep cut all weeds, gxasses or undergrowth on the entire property, to a height not to exceed eight inches. A1so, �.11 landscaping shall be trunmed and kept in a neat appeaxance so as not to adversely affect the aestheti.c appeara�nce of the property and adjacent prope'rties. (c) When determi.ned by the, code en%rcement officer of the city that a public nuisance e�.sts, owners of all unimproved propert� shall cut and keep all weeds, grasses and undergrowth to a height not to egceed 12 inches, in a strip 100 feet wide around the perimeter of such property, which fronts on a public street, drainage or utility ease- ment or is contiguons to occupied property: Also, Supp. ATo. 2, Rev the owner shall remove any abandoned property, garbage, litter, stagnant water, untended vegeta- tion or no�.ous matter on the entire propexiy. (d) All owners are deemed to be in control of and responsible for areas on or adjoi.ning their property such as easements. (e) All lands in the ciiy shall be kept free of untended vegetation or any other matter, which by reason of height, pro�mity to neighboring structures, physical conditions; disease such as, but not limited to: lethal yellowin.g palms or other peculiar characteristics which might in tune of high vainds, prevalent in this region, .cause dam- age to life or property within the ixnmediate area surronnding such xegion. (fl It shall be unlawful for any person to cause, maintain, permit or allow to be caused, main- tained or permitted, the accumulation of any litter, garbage, abandoned property, stagnant wa- ter, untended vegetation or weeds on any construc- tion or building site before, during or after com- pletion of such construction or building. It shall be the duty of the owner or his agent to make adequate grovisi,bns for the disposal of such items and to have, on the constructi.on or building site, adequate facilities for the disposal of such items and ta make appropriate arrangements for the collection thereof. (g) It shall be the responsibility of all owners of improved property to maintain proper ground cover on their property (such ground cover includ- ing, but not limited to, grasses, concrete, asphalt, decorative stones) and driveways (driveway ground cover including, but not limited to, concrete, as- phalt, decorative stones, i.n-laid brick, tile and shell rock) to prevent a conclition that could endanger the health, safety and welfaxe of any member of the community; maintained as re- quired in this section. �irthermore, appropriate landscaping shall be installed, replaced and main- tained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (h) No persons shall sweep into or deposit in any gutter, ditch, street or other public place within the city the accumulation of litter from a.ny building or lot or from the public sidewa]ks. Nor CD30:9 § 30-44 OKEECHOBEE CODE shall any owner or tenant abutting a public thor- oughfare allow or suffer to remain litter upon the adjacent public sidewalk, including medians, so that litter, rubbish and refuse shall not be allowed to pile up or accumulate on such public right-of- way. (i) No merchant or business within the city shall allow litter to accumulate, and shall clean and otherwise rid his premises, including side- walks, of waste matter and litter although the same may not have been deposited by hi.m, his agents or his patrons. (Code 1982, § 8-11(a)=(fl, (j), (k); Ord. No. 797, § 2, 7-2-2002) Sec. 30-45. Presumption where motor vehi- cle is source. In any prosecutian charging a violation of this article; by the throwing, discarding, placing or depositing of litter in any manner or amount whatsoever, in or on any public highway, road, street, alley, thoroughfare or any other public lands; by, through or from a motor vehicle, proof that the particular vehicle described in the com- plaant was the source of the litter so discarded, together with proof that the defendant nasned in the complaint was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of this article. Such presumption may be rebutted by substantial evi- dence on the part of such owner. (Code 1982, § 8-12) Sec. 30-46. Visibility triangle. (a) The owner or occupant of any improved lot or lands lying and abutting on any intersection of two streets, or any combination thereof in the city and having shrubs or bushes on such lot or lands, shall trim or cause to be trimmed all shrubs and bushes located within the visibility triangle as defined in section 66-1, so that no bush or shrub shall exceed 30 inches in height above the surface of either the sidewalk or the normal sidewalk location. (b) The owner or occupant of anq lot or lands lying and abutting on any street in the city and having trees, shrubs or bushes on his lot or lands extending over the property line onto such street shall trim or cause to be trimmed such trees to the clear height of not less than ten feet above the surface of the sidewalk or street. (c) The director of public works shall have the authority, and it shall be his duty to order trim- ming, preservation or removal of trees or plants upon private property when he finds such an act necessary to public safety or to prevent the spread of disease or insects in public trees or places. (Code 1982, § 8-11(g�(i)) Secs. 30-47-30-80. Reserved. ARTICLE III. NOISE AND VIBRATION STANDAR,DS* Sec. 30-81. Noise regulation in general. It shall be unlawful, as hereafter set forth, for anq person, entity or agent thereof to cause or be made, or continued, any excessive or unreason- ably loud noise or vibration which disturbs the peace and quiet of any residentially zoned neigh- borhood, or which tends to cause discomfort, or annoyance to any reasonable person of normal sensitivity, with such regulations to reasonably provide for normal commercial activities to occur within the City during certain times. (Ord. No. 875, § 1, 10-19-2004) Sec. 30-82. Specific noises�prohibited. Except for certain egceptions listed in section 30-83 hereafter, the following acts are declared to be loud, disturbing and unnecessary noises or vibrations in the city in violation of this chapter, *Editor's note—Ord. No. 875, § 1, adopted Oct. 5, 2004, repealed and reenacted art. III in its entirety to read as herein set out. Formeriy, said article pertained to similar subject matter ae enacted by Code 1952, as amended. See the Code Comparative Table for a detailed analysis of inclusion. State law reference—Motor vehicle noise, F.S. §§ 316.293, 403.415�. •�� Supp. No. 2,•Rev. CD30:10 � � . - r - -. �iz ' n Code Vi.olation /Notice to Appear Report �d i�� z� f� Date o� Xn�ractiou: � / '% � Case # / / `' �� Pxoperty Ovvner:_� ��.�� %�2iL ��i 1...�...0 Contact Person: Date Contacted: How Contacted: Phone # �.ocation of Violation: l f�CS f� /'l-} 2i� � 1- O,L�L—Z-- N�ailing Address: (,��-�qt2L�,vh C'o -- � C.� i�0}C I L S�- .�L-�-7L� !L-Z�{ �L G�c31 S v Lot(s): ri' ! t/! Block: � S S� Section: �� r-y O� f�r��-rN�Y.3c�= Parcel# �— l5--37-3S--�iO�Gf SS�-�o�G V�olation: #1 Disabled Vehicle #2 V Untemded Vegetation #3 �neral Cleanin.g #4 1/ Y�tblic Nuisance #5 Building Department #6 Public Works Notes About ''Violation: Notice o� Violation Mailed:�� Received -/� Hand Uelxvered Posted Not�ice to Appear 1VIailed: Received Hand Delivered Posted Znspected Fi.nding Date in Compliamce: (,� Notes: Pro-Active Reactive � �=��'w�� L' �,�� . �� -�. . .. � CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- OKEECHOBEE PARK STREET LLC Respondent(s) CASE NO. 17-00040 NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee; to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 100 NW PARK STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010015500080 4. Respondent(s) name & address: OKEECHOBEE PARK STREET LLC; PO BOX 1159 WALGREENS CO. REAL ESTATE PROPERTY TAX DEERFIELD, IL 60015 5. Description of violation: PLEASE MOW VEGETATION, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH 6. Date by which violation is to be corrected: 1/02/2018 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 9th day of January, 2018, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that ali violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disciosure creates a rebuttable presumption of fraud. Sale of the property will not c se this case to be dismissed. DATED THIS °7�day of �,eC��!r2017 —1� CODE ENFORCEMENT BOARD d Sterling 55 SE 3rd Avenue Code Enforcement O cer Okeechobee, Florida 34974 (863) 467-1586 � _a � o- � � ICertified � 1-�I___ Q [] F7oturn Receipt(herdcopy) $ � ❑ notum Recelpt (electmnlc) $ � r� i;ertllled Meil Resnicted Dellvery $ � I_I AdWt Slgnature Requlred $ I] AdWt SlgnaNre Restdcted Dellvery $ � IPosl£ � S- � io2a! � ��nt o �, _ � � ,irce Postmark Hot� ,� ;� �� I � C%_ % � S� , �-L- '- � -------- --- ---------------------- -- ----�-------- . or Pnb/I oIx No.(/ ,1 7 ��-�.M�.� _ _1!L_ � I F�� _ ��l I �� j�' _ r� ` �_ �/! �+� / 1-L.i � I �L ( l*�.�� .� . . — � % . . - ��- � t °Cif�.• .. . .. , : 'r.. . . . .. . . » Complete ifems ind 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: OKEECHOB�l; PARK S"T'. LLC WALGRG�;NS CC�. IZIi.�L LST. PKOP Tn� PO BOX 115� DEERFIL;L�, Il, 60015 A. Signature �'' , . X �,;Fy�;�_� ,.�,,��,% ❑ Agent ,� �' ❑ Addressee B. Received I��(ir�t�,c��g� � . Date of Delivery aJ �tl�l' 0—g D. Is delivery address different from item 1? ❑ Yes If vES. enter delivery address below: � No ��C�32017 I I I I' I�I'I I II I I( I I I�II I II I I 3. Service Type ❑ priority Mail Express� CI Adult Signature ❑ Registered MaiIT"' ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted Certified Mail� �elivery 9590 94 02 2505 6306 7289 09 Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery � Signature ConfirmationT"' - - �- - - ❑ Signature Confirmation 7 O 1, 6 2 710 � � � � 17 2 4 916 8 cted Delivery Restricted Delivery DS Form 3817 , July 2015 PSN 7530-02-000 9053 Domestic Return Receipt � USPS TRACKING # : c- : ft;s i, ��'I��` . ' .i 959� 94�2 '25�5' 63�6 7289 �9 United States Postal Service • _• �-Class Mail , �.. ..:age & Fees Paid S � Permit No. G-10 • Sender: Please print your name, address, and CIiY OF OK�ECHOBEE CODE DEPT. 55 S.E. 3rd AVE. OKIEECHOBEE, FL 34974 this „�i��t�li�lil�i��li�l��t��,�i��i„��r�l�l�i�ff��ll�� CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- OKEECHOBEE PARK STREET LLC Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING CASE NO. 17-00040 Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee; to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2, Location of Violation: 100 NW PARK STREET, OKEECHOBEE, Fl 3. Legal decription: Parcel # 31537350010015500080 4. Respondent(s) name & address: OKEECHOBEE PARK STREET LLC; PO BOX 1159 WALGREENS CO. REAL ESTATE PROPERTY TAX DEERFIELD, IL 60015 5. Description ofviolation: PLEASE MOW VEGETATION, TRIM SHRUBBERYAND REMOVE YARD DEBRIS/TRASH 6. Date by which violation is to be corrected: 1/02/2018 NOTICE IS HEREBY GIVEN that the alleged violation wili be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 9th day of January, 2018, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against.your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings' of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to�any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the. new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not c use this case to be dismissed,. DATED THIS ��day of �,eC.Q�n'pQ.�!�2017 —�� CODE ENFORCEMENT BOARD � d Sterling 55 SE 3rd Avenue Code Enforcement O cer Okeechobee, Florida 34974 (863) 467-1586 Cit o Okeechobee � Code �nfos^cement CODE ENFORCEMENT BOARD CASE # 17-00040 NOTICE OF VIOLATION 12/06/2017 OKEECHOBEE PARK STREET LLC PO BOX 1159 DEERFIELD, IL 60015 RE: LOTS:8 - 12 BLK: 155 PARCEL: 31537350010015500080 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 100 NW PARK STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance CORRECTIVE ACTION REQUIRED: PLEASE MOW VEGETATI.ON, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition, a fifty dollar administrative fee may be charged if the violaion is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact our office at 863-467-1586. Sincerely , �� /� Fre Sterlin l/ Code Enforcement O�cer (863)467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 •(863) 357-1971 • Fax: (863) 763-4489 ��. ENVII3.ONMENT § 30-44 sance has been filed, and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstandi.ng the procedures available to the city b� this article, the city retain.s the right and ability to proceed against the lot or parcel for abatement of nuisance by F.S. ch. 60, or any other applicable provision. of state laws. (Code 1982, § 8-10; Ord. No. 759, § 8-10, i0-3- 2000) , ' State law reference--Cost of repaiss, etc. made part of lien, F.S. § 162.0. Sec. 30-44. General cleaning and beautifica- tion. (a) In. the interpretation of this section, the city has deteiznined that all lands in the city fall i:nto the following categories, and this Code wil.l be enforced in this section to confo`rm to these cate- � gories: ;(1) Unplatted and undeveloped lands are con- � sidered to be raw land or unimproved land. (2) Platted and uncleveloped lands are consid- ered to be raw land or unimproved land. (3) Platted and developed lands are consid- ' ered to be developed or improved land. '(4) Unplatted and par,tially developed lands � are considered as developed and improved ' land only for that portion of the whole parcel that includes actual developed land. ;(b) All owners of improved property shall cut and keep cut all weeds, grasses or undergrowth o�n the entire property, to a height not to esceed eight inches. Also, �.11. landsca,ping shall be trimmed and kept in a neat appearance so as not to aclversely affect the aesthetic appeaxance of the property an.d adjacent properties. �(c) When determined by the. code enforcement officer of the city that a public nuisance e�sts, owners of all unimproved property shall cut and keep all weeds, grasses and undergrowth to a li.eight not to e$ceed 12 inches, in a strip 100 feet wide around the perimeter of such property, which fronts on a public street, drainage or utility ease- xnent or is contiguous to occupied property Also, Supp. No. 2, Rev the owner shall remove any abandoned property, garbage, litter, stagnant water, untended vegeta- tion or no�ous matter on the entire properiy (d) All owners are deemed to be in control of and responsible for areas on or adjoining theix property such as easements. (e) All lan.ds in the city shall be kept free of untended vegetation or any other znatter, which by reason of height, proximity to neighbori.ng structures, physical conclitions; disease such as, but not Iimited to: lethal yellowing palms or other peculiar characteri.stics wYuch might in time of high winds, prevalent in this region, .cause dam- age to life or property within the immediate axea surroun.ding such region. (fl It shall be unlawful. for any person to cause, maintain, permit or allow to be caused, main- tai.ned or permitted, the accumulation of any litter, garbage, abandoned property, stagnant wa- ter, untended vegetation or weeds on. any construc- tion or bwilcli.ng site before, during or after com- pletion of such construction or bu:ilding. It .shall be the duty of the owner or his agent to make adequate grovisions for the disposal of such items and to have, on the construction or building site, adequate facilities for the disposal of such items and to make appropriate arrangements for the collection thereof. (g) It shall be the responsibility of a11 owners of improved property to maintain proper ground cover on theix property (such ground cover inelud- ing, but not limited to, grasses, concrete, asphalt, decorative stones) and driveways (dx iveway ground cover including, but not limited to, concrete, as- phalt, decorative stones, in-laid brick, tile and shell rock) to prevent a condition that could endanger the health, safety and welfare of any member of the com.munity; mainta.i.ned as re- quired in this secti.on. Fu.rthermore, appropriate landscaping shall be installed, replaced and main- tained, in living condi.tion, so , as not to adversely affect the aesthetic appearance of the property and adjacent properties. (h) No persons shall sweep into or deposit in any gutter, ditch, street or other public place within the city the accumulatzon of litter from any building or lot or from the public sidewalks. Nor CD30:9 § 30-44 OKEECHOBEE CODE shall any owner or tenant abutting a public thor- oughfare allow. or suffer to remai.n litter upon the adjacent public sidewalk, inclnding medians, so that litter, rubbish and refuse shall not be allowed to pile up ox accumulate on such public right-of- way. (i) No merchant or business witbin the city shall allow litter to accumulate, and shall clean and otherwise rid his premises, including side- walks, of waste matter and litter although the same may not have been deposited by him, his agents or his patrons. (Code 1982, § 8-11(a�(fl, (j), (k); Ord. No. 797, § 2, 7-2-2002) Sec. 30-45. Presumption where motor vehi- cle is source. , In any prosecution charging a violation of this article; by the throwing, discarding, placing or depositing of litter in any manner or amount whatsoever, in or on any public highway, road, street, alley, thoroughfare or any other public lands; by, through or from a motox vehicle, proof that the paxticular vehicle described in the com- plaint was the source of the litter so discarded, together with �roof that the defendant named in the complai.nt was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of this article. Such presumption may be rebutted by substantiaJ. evi- dence on the part of such owner. (Code 1982, § 8-12) Sec. 30-46. Visibility triangle. (a) The owner or occupant.of any inaproved lot or lan.ds lying and abutting on any intersection of two streets, or any combination thereof in the city and having shrubs or bushes on such lot or lands, shall trim or cause to be trim2ned all shrubs and bushes located within the visibility triangle as defined in section 66-1, so that no bush or shrub shall egceed 30 inches in height above the surface of either the sidewalk or the normal sidewalk location. (b) The owner or occupant of any lot or landsi lying and abutting on any street in the city andl having trees, shrubs or bushes on his lot or lands egtending over the property line onto such street; shall trim or cause to be trimmed such trees to the: clear height of not less than ten feet above the; surface of the sidewalk or street. (c) The director o£ public works shall have the authority, and it shall be his duty to order trim-� ming, preservation or removal of trees or plants; upon private property when he finds such an act� necessary to public safety or to prevent the spread' of disease or insects in public trees or places. . (Code 1982, § 8-11(g�(i)) Secs. 30-47-30-80. Reserved. ARTICLE III. NOISE AND VIBRATION ; STANDAR,DS* Sec. 30-81. Noise regul.ation in general. It shall be unlawful, as hereafter set forth, for anq person, entity or agent thereof to cause or be made, or continued, any egcessive or unreason- ably loud noise or vibration which disturbs the peace and quiet of any residentially zoned neigh-; borhood, or which tends to cause discomfort, or:. annoyance to any reasonable person of normal; sen.sitivity, with such regulations to reasonably provide for normal commercial act�vities to occur within the City during certain times. (Ord. No. 875, § 1, 10-19-2004) � ; Sec. 30-82. Specific noises prohibited. Escept for certain, egceptions listed in. section 30-83 hereafter, the following acts are decla'red to be loud, disturbing and unnecessary noises or vibrations in the city in violation of this chapter; *Editor's note---Ord. No. 87b, § 1, adopted Oct. 5, 2004; repealed and reenacted art. III in its entirety to read as herein set out. Formeriy, said article pertained to similar subject matter as enacted by Code.1982, as amended. See the Code Comparative Table for a detailed ana]ysis of inclusion. i State law reference—Motor vehicle noise, F.S. §§ 316.293; 403.415: •`� �^,. � �,° Supp. No. 2,•Rev CD30:10