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1982-05-10 4 ADJOURNMENT There being no further business before the Board, Mem er Jeffers moved to adjourn. Seconded by Member McArthur. Motion carried. Meeting adj urned. ~ Gordon V. Le Chairman City of Okee Code Enforce ATTEST: I2a 8Pmdé Ruth Berndt Secretary City of Okeechobee Code Enforcement Board MINUTES OF THE v'· " MUNICIPAL CODE ENFORCEMENT BOARD x, > ',~ CITY OF OKEECHOBEE MAY 10, 1982 Hearings of the municipal code violations were held y the Okeechobee Municipal Code Enforcement Board in City Council Chambers on Monday, May 10, 1982. Chairman, Gordon V. Leggett, called the meeting to order at 7:00 P.~. Chairman Leggett asked the Secretary for a roll call the following results: Michael McArthur - Present Lloyd Jeffers - Present Gordon Leggett - Present Jim Attaway - Absent Jerry Walker - Present Vangela McFarland - Present Member Attaway came in just as roll call was ending. Others present were: Building and Zoning Administrat r, Mallette Westbrook; Attorney, David Conlon; and Secretary, Ruth Berndt. APPROVAL OF MINUTES Chairman Leggett asked if all Members had received a copy of the minutes of the April meeting. Since everyone had received a copy, Chairman Le asked for a motion to dis- pense with the reading of same. Member McArthur so moved; seconded by Member Jeffers. Motion carried. Chairman Leggett stated we have a new Member of the Bard, Vangela McFarland, and also stated the Board was proud to have a lady on the Board. McFarland is the first lady to be on the Board. She has had a wide range of experiences Okeechobee. She operated an auto inspection agency on South 441 and she's lived in Ok a long time. Chairman Leggett informed Ms. McFarland the Board is glad to Member. DISMISSAL OF CASES - Administrator Westbrook requested the following cases be dismissed: 80-82 - Leroy Seebers, Jr. 81-82 - Leroy Seebers, Jr. 83-82 - Leroy Seebers, Jr. , . 21-82 - John and Eugene McAnuff 29-82 - Robert M. & Sue Matthews and Anna Belle Roo ey 38-82 - Mary Lancaster 66-82 - Stop and Go, No. 865 71-82 - Mr. Moe e 76-82 - Christine Godwin 85-82 - Allan "Bingo" LeVin 42-82 - Edwin Herrin 87-82 - Day Brothers, Inc. 88-82 - Day Brothers, Inc. 89-82 - Day Brothers, Inc. 94-82 - Sportsman Motel North 96-82 - ABC Signs 132-81 - Gene Michelli 79- 82 - Charles E. Hill 100-82 - William D. & Cynthia J. Davis 101-82 - William D. & Cynthia J. Davis 102-82 - William D. & Cynthia J. Davis 103-82 - Harry P. & Susan R. Wally Member Jeffers moved to dismiss the cases listed abo . Seconded by Member Attaway. Motion carried. CONTINUANCE OF CASES Administrator Westbrook requested to continue the fol owing cases: 44-82 - Gladys Lowe 91-82 - Tommy & Dinah Clay 92-82 - Les Roup 19-82 - Bob Sandefur 51-82 - Buddy A. & Esther Y. Hair Administrator Westbrook explained that Randy Whipple, the Humane Officer, could not attend because his wife is in the hospital and he in some of the cases. Member Walker made a motion that Cases 91-82, Tommy & Dina Clay and 51-82, Buddy A. & Esther Y. Hair, be notified that their case is continued u til June 14, 1982. Seconded by Member McArthur. Motion carried. Cases 19-82, Bob Sandefur and 92-82, Les Roup, had no t been served, so those needed to be served. Case 44-82, Gladys Lowe was present and she was advised to appear on June 14th, 1982, for the record. CASES TO BE HEARD Case No. 93-82: Joe Perry's Paint and Body Shop Administrator Westbrook explained that Mr. Perry has een working to clean up the yard but has some to go. Mr. Joe Perry was duly sworn in by Mary Ann Holt. Mr. Perry requested a 10 day extension to be able to finish clean up around his shop. He stated he is installing a fence blind to obstruct the view. Chairman Leggett inquired as to the location of He was informed it is located at 1111 West South Park Street. Chairman asked Mr. Perry where the cars are hauled to and Mr. Perry stated he hauls them to Chairman Leggett informed Mr. Perry that the County forming a Code Enforcement Board. He asked Mr. Perry if some of the derelict autos uldn't be scrapped. Mr. Perry replied, "Yes, that is what I'm trying to get done". Chairman Leggett explained there had been complaints rom people in the area who feel this junky area devalues their property. e Member McArthur moved to continue until June 14th or efore, if cleaned up to the satisfaction of Administrator Westbrook. Seconded by Mem r Attaway. Motion carried. 6 Case No. 90-82: Edward Cox Administrator Westbrook stated Mr. Cox did not appear but the witness against him did appear. Chairman Leggett asked if Mr. Cox had been properly s rved and Administrator West- brook replied, "Yes", and gave Chairman Leggett receipt the City Police had t delivered the notice. Chairman Leggett stated the witness could be asked him to step up and be sworn in. Mr. Jimmy H. Belk was duly sworn in by Mary nn Holt. Mr. Belk stated that Mr. Cox has a dog that barks con tantly. The City Police have been out there 7 different times to talk to the people. ey've been there at 2 A.M., 3 A.M., 4 P.M., 6 P.M., and other times. The last time City Police talked to Mr. Cox with no results, so the police said they wouldn't try talk"ng again, but turn it over to the Code Enforcement Board. The dog is kept outside till all hours of the night a d then barks constantly. Chairman Leggett inquired if it was a big dog, and i it was confined or left loose. Mr. Belk said it was a big red dog and it was in a fenced rea. Mr. Belk stated you could talk all you want, but it n't do any good, as Mr. Cox won't listen. Chairman Leggett inquired if Mr. Cox owns the property or rents it. Mr. Belk stated he rents and Mr. Ferebee owns the property. Attorney Conlon stated we could fine the landlord an tenant, then put a lien on the property. Mr. Belk was informed he could file a nuisance change in civil court. Mr. Belk stated that's why he pays taxes. Mr. Belk stated this is a misdemeanor and why couldn't the man be arrested. Attorney Conlon stated he can, and our Ordinance also provides for fines and imprisonment, but this Board doesn't have that power. After further discussion, Chairman Leggett suggested the Board could talk to George Dugan, of the State Attorney's Office, and see if we can et this put through court. Per- haps Administrator Westbrook, Mr. Belk and himself could an appointment with George Dugan and point out that the Code Enforcement Board had t a load off his shoulders, but we need his help now, and talk him into taking the ca We should continue the case with the Code Enforcement Board. Member McArthur moved to continue the case until Jun 14th. Seconded by Member Jeffers Motion carried. Case No. 107-82 : Frank Reeves Administrator Westbrook stated there were quite a fe witnesses present. Mary Ann Holt swore in the following persons: Frank Reeves, Donal Palmer, Tommy Daughtery, Linda Fry, Gary Fry and Kathleen Carbino. Administrator Westbrook stated this is a complaint c se so the complainants would be heard first. Mr. and Mrs. Fry stepped up to the podium to present views. Mrs. Fry stated Mr. Reeves has dogs that bark all night and it is impossi sleep. She stated there are 3 to 6 pit bull dogs at a time. Never the same dogs. There is a barking dog tied to a post and the dogs keep fighting among themselves. Chairman Leggett asked if they ever saw these dogs h uled away and then brought back, such as dogs being used for fighting dogs. Mrs. Fry stated they bring them in and out but these particular dogs are there. t Chairman Leggett inquired as to the size of lot and ow close the homes are in the area. Also, if any other neighbors complained. I l Mrs. Fry stated Mr. Reeves is on a corner lot, so it 's larger than theirs, which is 75' by 100'. She also stated the flies are terrible f om the dogs. She stated Mr. Westbrook had tired to settle the complant before, but the are back again. Mrs. Fry stated another neighbor, Kathleen Carbino was also present. e Kathleen Carbino stated her only complaint was the co barking dog. Chairman Leggett suggested we hear Mr. Reeves's side f the case and then if Mr. and Mrs. Fry or Ms. Carbino had anything further to add the could be heard later. Frank Reeves stated he had 5 dogs, used for hog hunti Mr. Westbrook told him he could only have three. Mr. Westbrook asked him to move his pens to the other side of the yard, as the Frys had agreed this would be O.K., so he mov d the pens to where they are now. He stated he does occasionally have another dog or so for night or two, that belongs to his friend. He stated he keeps the pens washed down. He tated the Frys had never come to him about the problem and it could have been worked out if they had asked. Tommy Daughtery stated he lives closer to Reeves than and the dogs don't keep him awake. As to the flies, he says the elevators responsible for them. He also stated there are winos in the area on the road, and the s see them and of course they bark. Chairman Leggett suggested maybe if the dogs were into a box at night they wouldn't bark. Did Mr. Reeves think the dogs would bark if put a box. Mr. Reeves stated he thought they would bark. Mr. Reeves stated he has four small daughters and has the dogs for their protection as he works in West Palm Beach and the dogs let them know comes around. Mr. Fry said if Reeves would keep only 3 dogs on the remises they would be satisfied. After further discussion between the Frys and es, Member McArthur stated this could go back and forth for quite a while. He eves if he'd try to cooperate to keep the dogs quiet. Mr. Reeves stated he'd do anything to comply. He ha told Mr. Westbrook he'd do any- thing he asked him to do. Mr. Westbrook stated this was Further discussion ensued and Chairman Leggett asked r. Reeves if he'd promise the neighbors to keep only 3 dogs and to hold down the flies a Mr. Reeves stated he'd do anything to be in compliance. Member McArthur moved that due to the man's concern to cooperate, the case be dismissed, Seconded by Member Jeffers. Motion carried. Case No. 18-82: Zollie Aldridge Administrator Westbrook stated that Mr. Aldridge had been fined at the last meeting. He stated that Mr. Aldridge had come into City Hall and discussed his problems with all con- cerned. He was being billed for property with only Lots and no street address for garbage. He didn't know what the bills were for, but he has come t City Hall and paid up his fee to dump his own garbage. Nobody had any street addresses. ince that time, we have obtained a street address onÅ“ery house and the name of every pers Part of the houses being bille( were empty and had no meters. Administrator Westbrook asked for the fine to and case dismissed as Mr. Aldridge has shown concern and has come forward to get it straightened out. Chairman Leggett stated he has talked to different m the Aldridge family, especially the daughter, and he (Aldridge) was a differen person. Administrator Westbrook explained that now when a ho se is rented, they will have to e install a meter so they will know each and every occupan and the renter will be responsiblE for the bill. Member Jeffers made a motion to honor Administrator estbrook's request. Seconded by Member Walker. ~8 After further discussion, it was revealed that L. P. anitation had never picked up garbage at houses being billed. Attorney Conlon stated he had been in conference with Mr. Fellows, and Mr. Fellows and Westbrook had been in conference and Zollie Aldridge had een to City Hall several times. All three, Fellows, Westbrook and myself, agreed that, aft r knowing the facts of billing t the wrong addresses and that L. P. had not picked up garb ge, that we should withdraw the fine and take the $75.00 and start out from scratch where we can document everything from now on. Member Attaway questioned if Aldridge houses are mee code. If not, why not condemn them. Administrator Westbrook stated if the house is unliv ble, they will get no meter. It takes time to condemn a house. Attorney Conlon stated there is a statute on condemn' ng, but procedures must be followed. Administrator Westbrook stated he will give condemna notices on such houses. Chairman Leggett stated a motion was made and second the fine and dis- miss the case. All voted in favor. Motion carried. Case Nos. 74-82 and 75-82: Advanced Mobilehome Syst Administrator Westbrook stated that Perley was Advanced Mobilehome Systems He stated these people had been cited and when they e paper work they thought someone was coming to appear, but he didn't. A misunderstanding on permits as county said they needed no permits. Perley explained he was representing the Company ton ght and he assured the Board this wouldn't happen again as long as he is in the area. Administrator Westbrook stated he wished to read a 1 tter received from Advanced Mobilehome Systems: Okeechobee City Code Enforcement Board 55 S. E. Third Ave. Okeechobee, Fla. 33472 Dear Sir: Advanced Mobilehome Systems wishes to request the fine le against us be rescinded. All code violations have been t care of with Mr. Mel Westbrook. The problem occurred due to personnel changes and Advance Mobilehome Systems not realizing there was an Okeechobee City Building Department. We are, and have been, in comp iance with the Okeechobee County building requirements. When a problem arose with the City we mistakenly contacted the County and they said everything was fine. We apologize for the mistake and have corrected the probl m. This should not happen again. Thank you for your consideration and we look forward to working with you in the future. Sincerely, /s/ John E. Murray t JM/cm · t Administrator Westbrook stated this being most of the County's fault he requested this fine be rescinded as they are in compliance on Chairman Leggett asked if we had fined them at and was informed a e $500.00 fine was levied. Chairman Leggett then asked Admi istrator Westbrook if he wanted this rescinded and was told, " Yes , sir". Chairman Leggett asked for a motion to rescind 0.00 fine now that he's all square with the Board and dismiss the case. Member so moved. Seconded by Member McArthur. Motion carried. Mr. Andrew Rubin identified himself and addressed the He stated he had followed both parties involved in the pit bull dog of the Council room and he suggested this be observed closely as the feelings weren't good between these two families. He stated it would be very wise for Mr. Westbrook to close y monitor this situation. ADJOURNMENT There being no further business before the Board, Mem er Jeffers moved to adjourn at 8:25 P.M. Seconded by Member McArthur. Meeting adjourned. ordon V. Leggett Code Enforcement Chairman City of Okeecho ATTEST: r:J 7 IcUA:i Ii: ~/¿~ Ruth Berndt Code Enforcement Board Secretary City of Okeechobee THERE WAS NO JUNE 1982 MEETING, THEREFORE THERE ARE NO MI TES RECORDED. MINUTES OF THE MUNICIPAL CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE JULY 12, 1982 Hearings of the municipal code violations were held y the Okeechobee Municipal Code Enforcement Board in Council Chambers on Monday, July 12, 1982. Chairman, Gordon V. Leggett, called the meeting to order at 7:00 P.M. e Chairman Leggett asked the Secretary to call the roll with the following results: Michael Mc Arthur - Present Lloyd Jeffers - Present Gordon V. Leggett - Present Jim Attaway - Absent Jerry Walker - Present Vangela McFarland - Absent