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2018-08-14CITY OF OKEECHOBEE AUGUST 14, 2018 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA.-. IBOAR] I. CALL TO ORDER - Chairperson. August 14, 2018 Regular Meeting, City Hall, 55 SE 3`d Avenue II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Melissa Close Board Member Beverly Bernst Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Michelle Sanders Alternate Member Megan Wilt Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the June 12, 2018 Regular Meeting. PAGE 1 OF 4 DN - DISCUSSION - VOTE Chairperson Gamiotea called the August 14, 2018, Regular Meeting to order at 6:30 pm, in the City Council Chambers, located at 55 SE 3`d Avenue, Room 200, Okeechobee, Florida. Pledge of Allegiance was led by Chairperson Gamiotea. Present Present Present Absent with consent (Alternate Megan Wilt filled the seat for Member Conrad) Present Absent with consent Present Present Present Absent Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for June 12, 2018; seconded !i by Member Sanders. There was no discussion on this item. VOTE GAMIOTEA - YES CLOSE -YES BERNST - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of Code Officer Sterling requested the withdrawal of Case 17-041, OCP Industrial Ventures, from today's agenda due to items on today's agenda. I compliance. M AUGUST 14, 2018 - CEB REGULAR MEETING - PAGE 2 OF 4 854 AGENDA BOARD ACTION - DISCUSSION - VOTE PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and supporting documents were all entered as part of the official record. Case No. 18-015 Officer Sterling testified notice of violation/notice of hearing sent by certified mail was received by property owner, James Holley. James Holley. 901 SW 11 `h Avenue Mr. Sterling stated the property does not have water or electric and sustained damage from a hurricane several years ago. Ch 30 Sec 30-43 Public Nuisance In addition, property is overgrown and has debris in yard. Chair Gamiotea asked Attorney Cook if people are allowed to live Ch 30 Sec 30-44 General cleaning & beautification in a house without water or electricity. Attorney Cook advised the board according to the International Property Maintenance Code which was adopted and incorporated into our City ordinances all residential dwellings must have water and electric. Officer Sterling said he personally contacted Mr. Holley on several occasions but nothing has been done to bring the property into compliance. In conclusion, Chair Gamiotea stated we are not looking to impose a large fine or to have Mr. Holley feel he is being forced to do something, but to get the property cleaned up for the benefit of his neighbors and for the benefit of the City. Member Close moved to find Case No.18-015, James Holley, 901 SW 11" Avenue, in violation of Ch 30 Sec 30.43 Public nuisance and Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling, allowing twenty five days from receipt of proper notification to have the property in compliance, if not in compliance by that date a fine of ten dollars per day would be imposed beginning July 10, 2018; seconded by Member Denisuk. GAMIOTEA - YES PIPPIN - ABSENT CLOSE -YES SANDERS - YES BERNST - YES WILT - YES CONRAD-ABSENT DENISUK - YES MOTION CARRIED 855 AUGUST 14, 2018 -CEB REGULAR MEETING -PAGE 3 OF 4 AGENDA, BOARD ACTION -DISCUSSION --VOTE Case No. 18-025 Attorney Cook addressed the board giving some background information on Case 18-025, Peter & Louisianna Raulerson. He Peter & Louisianna Raulerson. 1003 SW 3`d Avenue stated this property was set up as a trust, however the trust no longer exist so the property reverts back the original owners and Ch 30 Sec 30-43 Publiic nuisance the heirs of the estate. Since Peter & Louisianna Raulerson were the first settlers in Okeechobee, there is a long line of heirs Ch 30 Sec 30-44 General cleaning & beautification and the City has not been able to determine who is responsible for taking care of the property. Mr Cook told the board a company out of California bought the tax certificate, however he feels this company probably has no interest in bringing the property into compliance. Code Officer Sterling testified the property has been mowed by a neighbor, but there is a baptismal pool which is a safety hazard. Member Close moved to find Case 18-025, Peter & Louisianna Raulerson,1003 SW 3d Avenue, in compliance of Ch 30 Sec 30-44 General cleaning & beautification and in violation of Ch 30 Sec 30-43 Public nuisance due to the baptismal pool, based on the testimonies of Code Officer Sterling and Attorney Cook, imposing a fine of ten dollars per day, beginning fourteen days after receipt of proper notification if the property is not in compliance at that time; seconded by Member Sanders. VOTE GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. Case No 17-028 Code Officer Sterling testified a fine for general cleaning and public nuisance was imposed on January 19, 2018. The fine of Lorene Mott. 1006 SW 51h Avenue fifteen dollars per day has been accruing since that date and is now over three thousand dollars. Officer Sterling stated Ms. Consider recommending foreclosure Mott is deceased and her son does not legally have title to the property, so the property has been vacant. Since the property has not been maintained it is now very overgrown and has squatters living in it. Member Denisuk moved on Case 17-028, Lorene Mott,1006 SW 5`h Avenue, to make a recommendation to City Council to proceed with foreclosure, based on the testimonies of Code Officer Sterling and Attorney Cook; seconded by Member Close. GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS -YES WILT - YES MOTION CARRIED. AUGUST 14, 2018 - CEB REGULAR MEETING - PAGE 4 OF 4 856 AGENDA BOARD ACTION DISCUSSION VOTE ADJOURNMENT - CHAIRPERSON GAMIOTEA. airperson ATTEST: Sue Christopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Please be advised that if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:04 P.M. Okeechobee News 107 SW 17th Street,,5.uite Q Okeechobee, El ` dakJ4& 863- f - 34 r3 4• STATE OF FLORIDA c "\ � / COUNTY OF OKEECHOBEE `o' /\ ��I Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, -flgri0a, that the attached copy of l advertisement being a k 416(' %�"(' Iu in the matter of 0'e&. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and scribed before me this C/ �Otd day of AD Notary Public, State �f Florida at Large ANGIE 9RIDGES MY COMMISSION # FF 976149 ,••��iii.�p• BMW E�Xy,F�'I�RE1_S:Ap�ry11��2y0,2020 h, NNI� fYInic Undetwntets PUBLICNO CE CODE ENFORCEMENT BOARD MEETING NOTICEIS HMEBYGMEN VA the IlyofCWedrobee Code Ftfaroenrrt Board (COB) wl Cord d a mgdar rreztYg m Auk U' 2014 630 Phi, or as soon ttnealhr as pry, at QY 55 SE aid Ave, Rm ZOQ Oleednbme F.. The pJ* is hvked and toattsrd. The 7nqagaffi rt� c ydUaaJrobem= or T. are Code ANtta�PER.SONt DEC AM7OAPPEAL:% vdsbnmadeb CEBwth respect b arty rret�i mrHdeied at this maet+g w1 need to anus a vaba- ttn record dthe oroo3adrq 5 made and the record Lydda the teAtnory e d ehlarx �pa� wA ich tFe wC be based N�aobn�rdyar� wAh Ce the ADA, Crat reeds spedatPnotariswth �a®rt �xrr b padt� h Cisapo���rg� =Ce Mlar ner# ro 61erdw. bc*e$da/s ptbr to proaed- BsAb ®Astuldyao arto lenmoonteeag minor the doa.na 4 genie vtlao or tern rnrst be prwidd NCB eoardser�ry for theCty§remrds W. Cliairperson]an* Garalubm 280514ON 811WMlB CITY OF OKEECHOBEE AUGUST 14, 2018 REGULAR CODE ENFORCEMENT BOARD MEETING AGENDA I. CALL TO ORDER - Chairperson. August 14, 2018 Regular Meeting, City Hall, 55 SE 311 Avenue II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Melissa Close Board Member Beverly Bemst Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin Board Member Michelle Sanders Alternate Member Megan Wilt Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the June 12, 2018 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. SUMMARY OF BOARD ACTION PAGE I OF 4 BOARD ACTION - DISCUSSION = VOTE Chairperson Gamiotea called the August 14, 2018, Regular Meeting to order at 6:30 pm, in the City Council Chambers, located at 55 SE 3`d Avenue, Room 200, Okeechobee, Florida. Pledge of Allegiance was led by Chairperson Gamiotea. Present Present Present Absent with consent (Alternate Megan Wilt filled the seat for Member Conrad) Present Absent with consent Present Present Present Absent Present Present Member Close moved to dispense with the reading and approve the Summary of Board Action for June 12, 2018; seconded by Member Sanders. There was no discussion on this item. VOTE GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD -ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. Code Officer Sterling requested the withdrawal of Case 17-041, OCP Industrial Ventures, from today's agenda due to compliance. AUGUST 14, 2018 - CEB REGULAR MEETING - PAGE 2 OF 4 VI. AGENDA BOARD ACTION - DISCUSSION - VOTE PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling Case No. 18-015 James Holley. 901 SW 11"Avenue Ch 30 Sec 3043 Public Nuisance Ch 30 Sec 30-44 General cleaning & beautification This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and supporting documents were all entered as part of the official record. Officer Sterling testified notice of violation/notice of hearing sent by certified mail was received by property owner, James Holley. Mr. Sterling stated the property does not have water or electric and sustained damage from a hurricane several years ago. In addition, property is overgrown and has debris in yard. Chair Gamiotea asked Attorney Cook if people are allowed to live in a house without water or electricity. Attorney Cook advised the board according to the International Property Maintenance Code which was adopted and incorporated into our City ordinances all residential dwellings must have water and electric. Officer Sterling said he personally contacted Mr. Holley on several occasions but nothing has been done to bring the property into compliance. In conclusion, Chair Gamiotea stated we are not looking to impose a large fine or to have Mr. Holley feel he is being forced to do something, but to get the property cleaned up for the benefit of his neighbors and for the benefit of the City. Member Close moved to find Case No.18.015, James Holley, 901 SW 11' Avenue, in violation of Ch 30 Sec 30.43 Public nuisance and Ch 30 Sec 30.44 General cleaning and beautification, based on the testimony of Code Officer Sterling, allowing twenty five days from receipt of proper notification to have the property in compliance, if not in compliance by that date a fine of ten dollars per day would be imposed beginning July 10, 2018; seconded by Member Denisuk. GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED AUGUST 14, 2018 -CEB REGULAR MEETING - PAGE 3 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II Case No.18-025 Attorney Cook addressed the board giving some background information on Case 18-025, Peter & Louisianna Raulerson . He Peter & Louisianna Raulerson.1003 SW 3' Avenue stated this property was set up as a trust, however the trust no longer exist so the property reverts back the original owners and Ch 30 Sec 3043 Publiic nuisance the heirs of the estate. Since Peter & Louisianna Raulerson were the first settlers in Okeechobee, there is a long line of heirs Ch 30 Sec 30-44 General cleaning & beautification and the City has not been able to determine who is responsible for taking care of the property. Mr Cook told the board a company out of California bought the tax certificate, however he feels this company probably has no interest in bringing the property into compliance. Code Officer Sterling testified the property has been mowed by a neighbor, but there is a baptismal pool which is a safety hazard. Member Close moved to find Case 18.025, Peter & Louisianna Raulerson,1003 SW 3`d Avenue, in compliance of Ch 30 Sec 30.44 General cleaning & beautification and in violation of Ch 30 Sec 30.43 Public nuisance due to the baptismal pool, based on the testimonies of Code Officer Sterling and Attorney Cook, imposing a fine of ten dollars per day, beginning fourteen days after receipt of proper notification if the property is not in compliance at that time; seconded by Member Sanders. GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. Case No 17-028 Code Officer Sterling testified a fine for general cleaning and public nuisance was imposed on January 19, 2018. The fine of Lorene Mott.1006 SW 5°i Avenue fifteen dollars per day has been accruing since that date and is now over three thousand dollars. Officer Sterling stated Ms. Consider recommending foreclosure Mott is deceased and her son does not legally have title to the property, so the property has been vacant. Since the property 11 has not been maintained it is now very overgrown and has squatters living in it. Member Denisuk moved on Case 17-028, Lorene Mott,1006 SW 5' Avenue, to make a recommendation to City Council to proceed with foreclosure, based on the testimonies of Code Officer Sterling and Attorney Cook; seconded by Member Close. VOTE GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. AUGUST 14, 2018 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA BOARD ACTION - DISCUSSION - VOTE ADJOURNMENT - CHAIRPERSON GAMIOTEA. III TTHERE BEING HE MEETING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Please be advised that if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda, a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD AUGUST 14, 2018 OFFICIAL AGENDA I. CALL TO ORDER -Chairperson: August 14, 2018 Regular Meeting, 6:30 pm, City Hall, 55 SE 3rd Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea ✓ Vice Chairperson Melissa Close✓ Board Member Beverly Bemst ✓ Board Member Louise Conrad Board Member Ted Denisuk Board Member Jim Pippin A� c01'a Board Member Michelle Sanders Alternate Member Megan Wilt ✓ Board Attorney John Cook ✓ Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling ✓ Secretary Sue Christopher,/ IV. MINUTES - Secretary. A. Motion to dispense with reading and approve Summary of Board Action for June 12, 2018 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. (o ;,30 r rn Ued l 4o 0 PAGE 1 OF 2 PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. 17-041 18-015 18-025 17-028 Name & Address Violation OCP Industrial Ventures 1705 S Parrott Avenue James Holley 901 SW 11"' Avenue Peter & Louisianna Raulerson 1003 SW 3'd Avenue Lorene Mott 1006 SW 5" Avenue Vill. ADJOURN MEETING - Chairperson (1 � -,,, Ch 30 Sec 3043 Public nuisance Ch 30 Sec 3044 General cleaning & beautification Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Consider recommending foreclosure PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the Fire Department. In accordance with Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA that needs special accommodation to participate in this proceeding, contact the Fire Department no later than two business days prior to the proceeding. (863)357-1971. Please be advised if you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Board Secretary for the City's record. 46-oas sop 0 v ac4A E-Xai-41 �u,5us�- 1L1, JD1�8 City of Okeechobee Code Board Meeting August 14th, 2018 Case # 17-041 OCP Industrial Ventures 1705 S. Parrott Ave. CH 30, Sec. 30-43 — Public Nuisance CH 30, Sec. 30-44 — General Cleaning & Beautification In Compliance Case #18-015 James Holley 901 SW 111" Avenue CH 30, Sec.30-43 Public Nuisance CH 30, Sec.30-44 General Cleaning &Beautification • 11/2016 — OUA cut off utilities. • 10/18/2017 — Sent Courtesy Card. • 03/21/2018 — Mailed Notice • Of Violation. • 03/26/2018 — Notice Of Violation received, • signed for by James Holley. • 07/17/2018 — Mailed Notice To Appear. • 08/02/2018 — Notice To Appear received, • signed for by James Holley. • 08/06/2018 — Posted property with • Notice To Appear. RA Case #18-025 Peter & Louisianna Raulerson 1003 SW 3rd Avenue CH 30, Sec 30-43 — Public Nuisance CH 30, Sec.30-44 — General Cleaning & Beautification 06/27/2018 — Posted property with Notice Of Violation. 07/23/2018 —Posted property with Notice To Appear. 08/11/2018 — Property mowed, other violations still not in compliance. V Case # 17-028 Lorene Mott 1006 SW5th Avenue • 12/12/2017 — Came before the Code Board. Code Board assessed $15.00 a day fine to commence 25 days after proper notification. • 01/19/2018 — Fine of $15.00 per day started. • 03/23/2018 — Lien recorded at the Court House. • 08/08/2018 — Fine accrued for 90 days. • As of 08/14/2018 fine has accrued for 208 days equaling $3,120.00. A-u.3us� 14c t 8 CODE ENFORCEMENT BOARD August 14, 2018 �c9cx�cFxatxxa6Y*xxxx�rxxic�:a'cxYxxxxie*ie�icieiexxxxx�cxxx�9c���xxic�c�xa@xxxxicxicicacieiex*xicxxx:Fde$txx�ciex��ic�kkkkkkkkkkkkkkkkk-kkkkkk*%kk%kkkkk*k*k Case No Name Fine Started Filed 90 Days Code Board Action 15-013 Anthony Bertram $15/day 7/10/18 5/09/18 - Imposed fine: pub. nuisance/commercial vehicle 1105 SW 7th Avenue 17-005 Jackie & Melinda Rediker $15/day 5/14/18 8/9/18 11/07/18 201 NE 10th Street 17-012 Juan & Lydia Almodovar $15/day 9/17/17 11/9/17 02/06/18 1804 NW 7`h Avenue 17-020 Kenneth Nichols $10/day 11/28/17 1/17/18 4/17/18 114 NE 1It" Street 17-036 Brenda Kemp $50/day 12/23/17 3/15/18 6/13/18 800 SW 2nd Avenue 17-028 Lorene Mott $15/day 1/19/18 3/23/18 6/21/18 1006 SW 5"' Avenue 17-040 Okeechobee Park Street $50/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 7tb Street 18-009 Thomas Corcoran $15/day 5/30/18 7/02/18 9/29/18 309 NE 6`h Street 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 12/12/17 - 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: 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 meeting for informational purposes only.