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1982-07-12 t Administrator Westbrook stated this being most of the County's fault he requested this fine be rescinded as they are in compliance on Chairman Leggett asked if we had fined them at and was informed a e $500.00 fine was levied. Chairman Leggett then asked Admi istrator Westbrook if he wanted this rescinded and was told, "Yes, sir".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 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: ~ 7 fcé~~i lix/¡d 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 H) Others present were: Code Enforcement Officer, Malle te Westbrook; City Attorney's Assistant, Mary Dunn; and Secretary, Ruth Berndt. APPROVAL OF MINUTES Chairman Leggett stated he was sure each member had r ceived the minutes of the t i~y 10th meeting and if all had read and approved of them e would like a motion to dispense with the reading. Member Jeffers so moved, secon ed by Member McArthur. Motion carried. RESIGNATION - JIM ATTAWAY Chairman Leggett read a letter received from Jim Atta ay: 7/7/82 Dear Gordon: Please accept my resignation as a member of the Munic 'pa1 Code Enforcement Board. It has been a pleasure working with you and the other members. Everything seems to be operating smoothly now, and I wish you all con inued success. Sincerely, /s/ James Attawa Chairman Leggett stated the chair would entertain a mo ion to accept this resigna- tion with regret as Jim has been a hard working member of he Board and has other com~ mittments in civic work that prevent him from coming to ou Board. Member Jeffers moved to accept, with regret, the resi nation of Jim Attaway. Seconded by Member McArthur. Motion Carried. DISMISSAL OF CASES: Mr. Westbrook requested a dismissal of the following ases: 93-82 - Joe Perry's Paint and Body Shop 91-82 - Tommy and Dinah Clay 51-82 - Buddy A. & Esther Y. Hair 90-82 - Edward Cox 19-8~ - Bob Sandefur 92-82 - Les Roup 106-82 - Gene Fulford 64- 82 - I1a Mae Robertson 98-82 - PAL Air Service 99- 82 - PAL Real Estate 104-82 - Frank Ozga, Dorothy Ju1ick, John W. Kna p & Amelia Carry 112-82 - Walter Mackin 111-82 - Lester L. Jr. , & Phyllis Holley 109-82 - Dewey Lightsey 86-82 - Brad McFarland 110-82 - Melvin Dube11 & Bill Burton 119-82 - Betty Jo Strickland 118-82 - Dr. J. M. Miller, DVM 119-82 - Dr. J. M. Miller, DVM 84-82 - Edwin Herrin 116-82 - James Holley 113-82 - Frank Montain 114-82 - Joel & Angela Davis 97-82 - Margarita Jaimes 108-82 - Craig Montesi 115-82 - Ann Birch t 120-82 - Mike O'Conner 121-82 - Charles & Betty Stevenson I. 122-82 - Roger Cunningham (Waterbed Cowboy) 124-82 - Virgil Spears 125-82 - Virgil Spears 126-82 - Quality Aluminum Products 127-82 - Leroy Seebers, Jr. 129-82 - Dr. J. M. Miller, DVM It 132-82 - David Hann Member McArthur moved to dismiss the cases as listed bove . Member Jeffers seconded the motion. Motion carried. Chairman Leggett informed the audience there had not een a meeting in June and that 35 cases of code violations, such as overgrown weeds, i11e a1 parking of travel trailers, junked autos on premises, etc. things that devaluate the 0 her persons property, had been cited in a two month period and now were in compliance bec use they had been taken care of, therefore the cases were being dismissed. CONTINUANCE OF CASES: Mr. Westbrook requested the following cases be contin ed: 44-82 - Gladys Lowe 95-82 - Everetts Automotive Repair 105-82 - Ralph N. & Nancy L. Bork 133- 82 - Bessie Mae Bronson Member Jeffers moved to continue the above listed cas s. Seconded by Member McArthur. Motion carried. CASES TO BE HEARD: 123-82 - Russell Smith: Dogs loose in neighborhood tryi g to kill neighbors cats. Mr. Westbrook stated Mr. Smith was summons to come be ore the Board but didn't appear. Mr. Smith has been before the Board several times before, doesn't appear to have made an effort to keep the dogs in pens and they have been after c quite frequently. Chairman Leggett asked the Humane Officer, Randy he could give any informati on this. Randy stated he had been on complaint calls for At this time, Chairman Leggett asked the witnesses to stand and be sworn in. Norma Herron, Doris Evans, Orleda Ranolds and Randy Whippl were duly sworn in by the Secretary. Mrs. Herron stated that Mr. Smith had been before the Board two times before this meeting. The man has 3 dogs and will not keep his dogs pe or tied. His dogs have alreac killed one of her cats and tried to get another one. She stated he has a new dog so thë makes one more although she hadn't seen it running loose. stated she hadn't let her catE outside since the last incident and she couldn't say wheth r Mr. Smith still lets the dogs rL at night and on Saturdays. Chairman Leggett informed Mrs. Herron that we cannot on private property and get thE dogs. He informed her that a complaint could be filed wit the Sheriffs Department and then it would go to the State Attorney's office and the dogs co ld be impounded if they are a threat to other animals or people. Chairman Leggett asked Randy Whipple if he had ever p 'cked up these dogs or answered complaints on this. Randy stated he had never picked up e dogs as each time he had been ir the area they were in their own yard. He had been there several complaints. Chairman Leggett suggested probably the best route to go would be through the State Attorneifs office. - Member Jeffers suggested perhaps we could levy a heav 'er fine on the owner. He had beer previously fined $40.00 for the last violation. ;> ~ Mrs. Arnold stated her son was mowing the yard and st rted toward the house and the dogs ran out to him. They didn't bit him although he thou ht they were going to. Chairman Leggett asked what breed of dogs these were. He was informed they are Pit Bull and Doberman mixed breed. After further discussion, Member Jeffers moved to lev a fine of $100.00 for violation t of Ordinance 410. Member McArthur asked how we go about putting a fine n a renter. Mr. Smith rents from Alfred Mears. Chairman Leggett stated we could impose a fine on bot tenant and landlord. Mr. Smith had been fined before and paid the fine. He further state he would inform Mr. Mears of the action taken by the Board and that possibly the landlord c uld be fined if Mr. Smith doesn't pay this fine. Member Jeffers reiterated his motion to levy a $100.0 fine for violation of Ordinance 410. Seconded by Member McArthur. Motion carried. 131-82 Julian Leggett: Excessive Barking by Dogs. Mr. Westbrook stated the next case was 131-82, Julian Leggett, excessive barking by dogs. Chairman Leggett asked if the complainant was present Mr. and Mrs. Kays were present and were duly sworn in by the Secretary. Mr. Westbrook asked Mr. Kays to tell the Board his si e of the case. Mr. Kays stated he had lived 18 years on S. E. 13th Avenue and Mr. Leggett his neighbor, had 4 dogs that bark all the time. He stated he had asked Mr. Leggett to uiet the dogs and was told this couldn't be done. The dogs kept barking, so he called the The police came and talked to Mr. Leggett and the dogs did quiet down for especially at night, but are bac at it again and he (Mr. Kays) cannot get any rest because this. He further stated the dog bark at every moving object. He called the Humane Officer on one occasion and he came down to investigate but it hasn't helped. There are 3 dogs tha bark constantly. Chairman Leggett asked Humane Officer, Randy Whipple, if he would comment on this. Randy stated on one occasion Mr. Kays called for him dogs. He went down and talked to Mr. Leggett and they were loading calve on a trailer to take to market an as soon as the calves were loaded the dogs would quit bark ·ng. Later a complaint was received through Mr. Fellow's 0 from Mr. Kays, and he went down and informed Mr. Kays his only recourse, since ndy's) powers are limited, was to go before the Code Enforcement Board. Mr. Kays was very u set and told him to leave his property, which he did, and hasn't been back since. Mr. Julian Leggett then was duly sworn in by the Secr tary. Mr. Westbrook asked Mr. Leggett to tell the Board how many dogs he has. Mr. Leggett stated he has 3 dogs. Two in question ar in a pen and he has them for protection. He stated it is sanitary, as it has a septic ank under it with a drain field. He further stated he has lost batteries and gas from is tractors, other equipment, engi pump from a well driller, etc. The dogs guard the property and that is the main reason he has them. Chairman Leggett asked how many robberies he has had rior to getting the dogs. Mr. Leggett stated his gas bill dropped from $252.00 o about $164.00 a month since put- ting the dogs there. He hasn't lost anything since that t me. He further stated he is sorry if the dogs bother Mr. Kays, but doesn't see what he can d . If Mr. Kays wants to build a t fence across his yard it might help as the dogs couldn't s e his place and the movement around the house. Mr. Leggett presented a paper signed by neighbors concerning the dogs. L Chairman Leggett read the following as signed: July 7, 1982 Are Mr. Leggett's dogs a nuisance in your neighborhood? e YES NO Rebecc Short Van A. Joann Edwin Julia are R. Har Kathy alker Mary E Duffel Member McArthur asked if the dogs are fenced in? Mr. Leggett explained they are in a pen on Commercial property. Chairman Leggett stated this is a high risk neighborh ode Mr. Kays was informed he coul go to the Sheriffs Department and file a complaint that wo ld go to the State Attorney's Offi Member Walker questioned, "Do we have a code that's u enforceable as we don't have the power to go in and get the dogs?" He stated he'd like to ave a clarification as soon as we as this is bound to come up again in the future. After further discussion, Member McArthur moved to di miss the case because of lack of input from the complaintant's side. Seconded by Member Je fers. Members McArthur, Jeffers a Chairman Leggett voted Yes. Member Walker abstained. Mot'on carried. ELECTION OF OFFICERS Chairman Leggett informed the Board at next meeting w should elect officers for next year. He stated he had talked with Mr. Fellows and there s nothing in the By-Laws that tell when officers should be elected, but he thinks it should annually and it is 6 months beyon that time. The only officers to be elected are Chairman He asked the Members to be thinking on this matter so they could have a election at the next meeting. ADJOURNMENT There being no further business before the Board, Mem er Jeffers moved to adjourn. Seconded by Member Walker. Meeting adjourned at 8:06 P.M. ATTEST: fi1d ¿ &¿J:¿; Ruth E. Berndt, Secretary Code Enforcement Board City of Okeechobee -