1984-09-18
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MINUTES OF THE
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF OKEECHOBEE 4
SEPTEMBER 18,1984
Hearings of the municipal code violations were held by th Okeechobee Municipal Code
Enforcement Board in the Council Chambers at City Hall September 18, 1984.
Vice Chairman Kuhlewind called the meeting to order at 7:00 P. .
Vice Chairman Kuhlewind asked secretary Castorina to call the roll with the following
results:
Nick Collins - Present
Deara Thompson - Present
Robert Ridley - Present
Lloyd Jeffers - Absent - Excused with consent
Blair Kuhlewind- Present
Jerry Walker - Present
Tommy Hoover - Present
Others present were: Building and Zoning Administrator, Malle te WEstbrook; City Attorney,
David Conlon and Secretary, Beatrice Castorina.
APPROVAL OF MINUTES
Vice Chairman Kuhlewind asked if everyone have received t e minutes of August 21, 1984
meeting. He stated if the board have found the minutes correc and had no questions, the chair
would entertain a motion the minutes stand approved as present Member Walker so moved.
Seconded by member Collins. Motion carried.
PRESENTATION OF CASES
Vice Chairman Kuhlewind asked Code Enforcement Officer to present his cases.
DISMISSAL OF CASES
Mr. Westbrook request the following cases be dismissed be ause all are in compliance.
126-83 James & Pearl Singleton and Roosevelt Butler
79-84 Maudie;s Flowers - Maudie Earnest
86-84 H & H Aluminum - Paul Howell
78-84 The Truck Stop - Keith Anderson
Member Thompson moved to dismiss cases listed above. Seconded by member Collins. Motion carried
CONTINUED CASES
Mr. Westbrook requested the following cases be continued.
51-84 Bill Acre and Rudolph Hooks
97-84 Roosevelt Butler
98-84 Glenn Lamb
Member Collins moved to continue cases listed above. Seconded by member Walker. Motion carried.
CASES PRESENTED
91-84 Lorenza and Javita Williams
In violation of sanitary code
Mr. Westbrook stated Mr and Mrs Williams have not fixed t e drain fields.
Attorney Dennis Fittin was in the audien-e representing M . and Mrs. Williams. Mr and Mrs
Williams were out of town and could not be at the meeting. t
Mr. Fittin, Mr. Westbrook and Mr. Upham went into an offi e to see if they couldn't work
out something on this matter.
Mr. Westbrook advised the board Mr. Fittin was trying to et in touch wi th Mr. Williams
by phone and in the mean time the board could act on the next . tern.
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65-84 J.J. Zayti
In violation of temporary use permit.
Mr. Westbrook advised the board that Mr. Zayti was given 30 day permit to set up a
e mobile unit as a office on N.W. 9th Street. He was advised a that time that during the 30
days he would have to made application to the Planning and Zoni g Board in order to leave the
mobile there longer than 30 days, which they could then give h 'm up to 180 days. The Zayti
group did not submi t anything to the building department until hree or four weeks ago to go
before the board. By that time the six months had expired.
Mr. Westbrook advised the board Mr. Zayti went before the Board last Tuesday and the
Planning and Zoning board denied the request application for 1 o days because the time had
expired.
Dave Cutler was sworn in by the secretary. Dave was repr senting J.J. Zayti. Mr. Cutler
stated the trailer has been there for 180 days and they wanted to go back to the Planning board
and ask for another 180 days. He stated they are going to bui d on this property, but wanted
to wait to see what kind of building they would need.
Mr. Westbrook advised Mr. Cutler that the trailer could b used as a construction office
if the plans be submitted to the building department for const uction on a permanent structure.
Mr. Westbrook asked for a continuance of two (2) weeks to get plans submitted to the
building department and for construction to start. Mr. Cutler asked for 30 days to get the
plans together.
Member Thompson stated she thought two weeks is ample tim . After discussion member
Thompson withdrew the two weeks and moved to give 30 day conti uance. Seconded by member Walker.
Motion carried.
91-84 Lorenzo and Javita Williams
The board recalled case 91-84 back for review.
Mr. Westbrook advised the board Mr. Williams owned three 3) dup1exs in the 900 block on
NW 10th Street. He stated the septic tanks were overflowing i to the rear of the yard and ditch
wi th raw sewage. He stated they attempted to correct the prob em, but all they did was dig up
the beds and put new rock and pipe and covered it with tar pap r. This didn't correct the
situation. he stated he asked the Health department to check he problem out on several occasion
L.C. Fortner and Wes Upham were sworn in by the secretary
L.C. Fortner, Director of Public Works testified first. He stated Qncomp1aints from the
neighborhood, wanting the city to clear the alley and mow, he ound the problem. He stated he
sent the street department to clear the alley and they found t e alley to be standing in water
and after investigation they found the water was coming from t e septic tanks. With the rains
we were having we made a trench in the alley to the ditch to r lease as much water as possible.
When the rain ceased the alley continued to stay wet with the eptic tanks overflowing contri-
buting to the alley overflowing on 9th ~venue. He advised the board the alley was to soft and
wet and the street department couldn't get the machinery in to clean it.
Attorney Conlon asked Mr. Fortner if it would help if the alley could be cleaned. Mr.
Fortner stated no. Attorney Conlon asked if there were other houses in this area and if they
has the same problem. Mr. Fortner stated there were houses, b t to his knowledge they had no
problems. Attorney Conlon asked if there was something wrong ith the septic tanks like the
way it was set or the age. Mr. Fortner stated that his oponio was the volume of water being
e placed into the three septic tanks from the six apartments. rf10wing is it coming through the
Vice Chairman Kuh1ewind asked when the septic tanks is ov
ground or up and over the ground. Mr. Fortner stated the end f the drain field have been un-
covered allowing the water to flow up through the ground level and to across the top ground to
the alley.
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Attorney Conlon asked if he saw raw sewage. Mr. Fortner tated no he haven't seen raw
sewage. Attorney Conlon asked if there were an odor. Mr. For ner stated some, due to the wet
conditions. -
Mr. Wes Upham was next to testify.
Mr. Upham is from the Health Department and he stated he as called to look into the
problem in June 1984 and found the drain fields open. He stat d there were three individual
septic tanks of 1050 in size. He stated he found liquids comi g out of the septic tanks.
He stated the drain dields had been torn up. The orginial gra el had been removed and block
had been removed and new put in. He stated he notified Mr. W 'lliams and told him the
problem had to be corrected. Mr. Upham stated he talked to Mr Williams and told him that some
action needed to get started to remove the imprevious materia s, which is holding the water and
not letting it perk through. He stated he inspected it last w ek and action was being taken on
this problem. They were putting concrete block in the drain nd gravel was put on the top of th
block. Attorney Conlon asked Mr. Upham if a health hazard exi t on this property. Mr. Upham
stated with is personal inspection there is a health hazard on the property.
Mr. Fittin stated Mr. Williams is concerned with the heal h problem and he has attempted
to correct the problem, and will get it done if given the time
Mr. Westbrook stated he would like the health department o make a recommendation and he
would go along and respect what ever they say.
Mr. Upham stated th~1~~~uires that for a building to be h bitable, it is to have water
and sewage and expedience is necessary in this matter.
Member Thompson stated she thought this is a city problem and the neighborhood involved
with this problem should be protected by the City.
Attorney Conlon recommended that this be continued for se en days and if Mr. Westbrook
determine~ the board need to meet again, then the board will m et in seven days to consider
the case. Mr Westbrook request a continuance on case #91-84 f r a period of eight days with
work to commence at that time if not the board will again meet after eight days to consider
the case.
Member Thompson moved to continue case #91-84 to enable t e problem to be corrected.
Seconded by member Walker. Motion carried.
ADJOURNMENT
There being no further business to come before the board, member Walker moved to adjourn.
Seconded by member Thompson. Motion carried. meeting adjourn d at 8:20 P.M.
Blair K hlewind, Vice Chairman
Code En orcement Board
City of Okeechobee
ATTEST:
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Beatrice Castorina, Secretary
Code Enforcement Board t
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK' OFFICE.