Loading...
1985-02-19Chairman Jeffers asked for a motion on this item. Member Kuhlewind moved to petition the mayor to be at the February meeting to present the plaque to • Thompson. Motion carried. ADJOURNMEMT There being no further business to come before the board, Meeting adjourned. L1oyc Code Ci ty ATTEST: Beatrice Castorina, Secretary Code Enforcement Board City of Okeechobee THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK' MINUTES OF THE MUNICIPAL CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE FEBRUARY 19, 1985 Leggett. Seconded by member member Walker moved to adjourn. Jeff fers J /ChWikfn Enforcement Board of Okeechobee S OFFICE. Hearings of the municipal code violations were held by the Okeechobee Municipal Code Enforcement Board in the Council Chambers at City Hall on Tuesday, February 19, 1985. Vice Chairman _Kuhlewind called the meeting to order at 7 00 P.M. Vice Chairman Kuhlewind asked secretary Castorina to cal the roll %ith the following results: Deara Thompson Absent with consent Robert Ridley Present James Palmore Present Lloyd Jeffers Absent with consent Blair Kuhlewind Present Jerry Walker Absent with consent Caro]. Ann Bryant Present Others present were: Code Enforcement Officer, Mallette West rook; Attorney, Jerry Bryant: and Secretary, Beatrice Castorina. APPROVAL. OF =UTES Vice Chairman Kuhlewind asked if everyone have :-eceived he minutes of January 15, 1985 meeting. He stated if the board have found the minutes c©rre t and had no questions, the chair would entertain a motion the minutes stand approved as rresen Seconded by member Bryant. Motion carried. PRESENTATION OF CASES Vice Chairman Kuhlewind asked Code Enforcement Officer, his cases. DISMISSA'- OF CASES Mr. Westbrook asked the following c:.ses be dismissed 2-85 Ida Mae Robertson - In violation of Ordinanc Member Ridley moved to dismiss Case #2-85 because of in com.pli Motion carried. CASES TO BE PRESENTED . Member Palmore so moved. llette Westbrook to present , ise they are in compliance. #225 (Nuisance) once. Seconded by member Bryant. 6-85 David Gill - In violation of Ordinance #410,�Leash Law 7-85 Cindy Shreves - In violation of Ordinance#41 , Leash Law David Gill, Cindy Shreves, Det. W.E. Arthur and E.L. Prevatt ,}ere sworn in by the secretary. Mr. Westbrook_ advised the board that Det. Arthur was the patrcjllman called to the address of the dogs running at large. Mr. Westbrook asked Det. Arthur to ex lain what he observod when he arrived at the home of Mr. Gill and Ms. Shreves. Det. W.E. Arthur: ".Shortl7) a little before seven o'clock A.M. on the 29th day of January,1985 I received a complaint that dogs were running loose at 1001 S.W. 9th Street and the dogs that belonged at that address was off of their property. I obser spaniel type dog across N.W. 9th street on the north sic'e. B that was occupied by a house. Mayor Oakland Chapman called m the dogs belong to the people living in the residence at 1001 the small dog belonged to Cindy Shreves and the shepard belon report and recommended they be brought before the Code Enforc leash law." d a shepard dog and a cocker h dogs were not on any property up to the address and advised me .W. 9th street. I later learned to Mr. Gill. I made up the t Board for violation of the Mr. Westbrook asked Mr. Prevatt if he was familiar with the dogs in question. Mr. Prevatt state( yes. Mr. Westbrook: These dogs primarily domicile at 1001 S.W. 9 Mr. Prevatt: That is where they are kept now. Mr. Westbrook: They belong to Cindy Shreves and David Gill. Mr. Prevatt: They belong to that house. I don;t know what Mr. Westbrook: How many times have you observed these dogs (30) days? Mr. Prevatt: Every day until a few days ago. Mr. Westbrook: We had another similar case a while back and not correct? street. vidual. at large in the past thirty se same dogs were involved is th< Mr. Prevatt: Yes they were involved two times. One time they tore up my onion patch and one time they tore up the garbage. Mr. WEstbrook: These dogs in question, did they get in your �arbage after you put it out for pick up? Mr. Prevatt: Yes. Mr. Westbrook: You are sure without a doubt that it is the Mr. Prevatt: I know it. I don't have to doubt. CINDY SHREVES I live at 1001 S.W. 9th Street. I understand the guy is dogs are not in the garbage everyday. It's not just my dog. here last time. It was brought back to the house and I know w ve's dog and the Gill dog? complaining about my dog. Our My dog was stolen when I was stoled it. Mr. Gill's dog was not around when I was up here before. He lived down the The day the law was called my dog was in the nieghbor's house side. There are a lot of dogs around. I don't know why they .gets torn up too and its not just our dogs. VICE CHAIRMAN KUHLEWIND: You do admit it is your dog at MS. SHREVES: I am not admitting that it is our dogs as for a. up. He never seen our dogs. The day the dogs is suppose to . ing they wasn't. The next day I let my dog out - five minute yard, which might be wrong, they were in the ditch. This man a BB gun and shot at four dogs, Two was ours and two was two his bull whip. I don't think that's right. MEMBER RIDLEY: Do you know who these others dogs belong to? MS. SHREVES: There is a bunch of dogs running loose. There My dog has not been out of my yard since the last time he com even at the house now. VICE CHAIRMAN KUHLEWIND: Do you have a fence? MS. SHREVES: No I don't, but my neighbor do and you can't it has never been in Mr. Prevatt's yard, but it has been in MEMBER RIDLEY: Do these dogs stay close by? MS SHREVES: Yes, they do. --1- nrrr I don't have a case as far as my dog being in violation sure it has been quite often. I don't understand what Mr. P VICE CHAIRMAN KUHLEWIND: Do you feel like you are being pic MR. GILL: Yes, I don't understand when he saw my dog in his I would have picked it up. Mr. Westbrook advised the board that this is the second time board in violation of the leash law. and he was penned up. leeping. He was not out re picking on me. My garbage the day his garbage got torn ave been out there I'm not say - later the dog was out of the stood out in his front yard with ather people, and came out with dogs that tear up my garbage. ined. Mr. Gill's dog is not p a dog penned up all the time. e road. f the leash law because I'm vatts beef is about our dogs. d on? arbage why didn't he call me. . Shreves has been before the NICK COLLINS: The morning the garbage was turned over Mrs. P evatt called me and I went over to the house and a black cocker spaniel was comming out of the yard of the house facing 9th street. I saw two dogs. Mr. Prevatt told me the house behinc Ms. Shreves belonged to Mr. Cox and the Shreve's dog would go over there and play with their clog. The Coxs turned their dog out and then there were two dogs loose in the yard. At that time, they were not on Mr. Prevatt'. property, but were loose and the cocker spaniel come from the front house. The garbage got torn up, I don't know who done it, but there were only two do s there when I got there. A black cocker spaniel and a little brown and white puppy. I t ink it belong to the Coxs. VICE CHAIRMAN KUHLEWIND: Do you believe that to be January 2 , 1985, the same morning as when Det. Arthur was called out to that property? MR. COLLINS: I don't know. I just know it was in January ab ut two and a half weeks ago. Mr. WESTBROOK: There has been several occasions the officers have been dispatched to this address. MR. COLLINS: I was called over there to observe the trash and dogs before Mayor Chapman called Det. Arthur. Four or five days before. I went there twice. The seconded time was the day they said the dogs were being shot at. That day patrolman Emmons and Chief Mobley were there. Mr. Westbrook advised the board that dates of complaints to t. November 2 times; January 2 times; and February 1 time. The board members reviewed the police reports presented by Mr Mayor Oakland Chapman was sworn in by the secretary, Also Nic. fact that the testimony he gave was the truth. is property were October 3 times; Westbrook. Collins attested to the M )2 MAYOR OAKLAND CHAPMAN: About the report that Det. Arthur wrote up at 7:00 A.M. on January 29, 1985. As I was going west I spotted the spotted terrier and german shepard. I went to the police department and got Det. Arthur. I followed him back to make sure he went there and made sure he saw the dog and he did. We definately have a dog problem. Discussion ensued. Vice Chairman Kuhlewind asked Mr. Westbrook what can be running at large in the neighborhood. Mayor Chapman answered which he stated would be a warning fro: Humane department and if a seconded warning has to be issued to the Code Board for summons to appear before the board on v. Member Palmore asked Mr. Gill, if he has taken care of his pr, The dog was moved out of the city. Vice Chairman stated at this time he would entertain a motion matter. Member Bryant made a motion due to the repetition of the appal need to decide if a fine would be imposed and what amount to r e about the other dogs the police department or en it would be turned over ations. em. Mr. Gill stated yes. as what to do with this t problem that the board Shreves effected as of today. If there are future problems the fine be imposed against Ms. Shreves and anyother violator pertaining to this violation of the leash law effective as of this night. Vice chairman Kuhlewind asked member Bryant if this was just concerning Ms. Shreves or if it is also concerning Mr. Gill. Member Bryant stated Mr. Gill has corrected the situation tha the dog is no longer here and will not be there, then can you impose a fine against him for not having the dog here. Vice Chairman Kuhlewind asked the Attorney if he could be fin d since the dog was in vio- lation. Attorney Bryant stated that according to Section 2-31 in the Code of Ordinance a fine can be imposed on notification by the Code inspector. Mr. Westbrook stated in a case of emergency as this case the time is immediately. Attorney Bryant advised the board has to make a finding of fact and someone needs to make a motion stating Mr. Gill is or is not presently in violation of the leash law. If Mr. Gill is not in violation of the leash law at the present, he should be dismissed and at anytime he is in violation Mr. Westbrook should notify the Board and they could impose a fine. If the case comes back before the board, then the next case would not be as easy to dismiss. Ms. Shreves is a different situation since she has been before the board before. Vice Chairman Kuhlewind asked the board members if they would wanted to consider these as two cases 6-85 and 7-85 and consider Mr. Gill first. Member �ruant stated the board should consider these as two cases. Member Ridley moved to consider Mr. Gill's case first, member Motion carried. 6-85 David Gill - violation ofleash law Bryant seconded the motion. Member Bryant moved since the dog has been removed from the premises to dismiss his case accordingly tonight with the unstanding should the dog or any other dog owned by him appear on the premises and be in violation that he be fined fifty dollars ($50.00) per day he is in violation. Member Palmore asked Ms. Shreves who owned the property. Ms.IShreves stated her mother owned the property. Member Plamore then seconded member Bryants motion. Motion carried. 7-85 Cindy Shreves - Violation of leash law Member Bryant moved Ms. Shreves be allowed two hours from tim she is dismissed from the meeting to contain the animal and therefore, keep the animal ontained and not be in vio= Iation of the leash law. If she is found in violation that s e be fined accordingly fifty dollars ($50.00) per day she is in violation. Member Palmore stated since she had been before the board befo of $25.00 and add this to member Bryant's motion. . Member Bryant withdrew her motion. Member Palmore then made a motion that Cindy Shreves is in vic she should be fined a fine ation of Ordinance #410, leash law and has been more than one time and she be fined $25.00 for past violations and the board give her till day light in the morning to take care of the situation as it stands now or face future fines of $50.00 per day for every day she is in violation. Seconded by member Ridley. Motion carried. Vice Chairman Kuhlewind informed Ms. Shreves there is a $25,0 fine to be paid in the City Clerk's office. ADJOURNMENT There being no further business to come before the board menber Bryant moved to adjourn. Seconded by member Ridley. Motion carried. Meeting adjourne . Blair Kuhlewind, Vice Chairman Code nforcement Board City f Okeechobee ATTEST: Beatrice Castorina, Secretary Code Enforcement Board City of Okeechobee THERE IS A TAPE OF THIS MEETING IN IT's ENTIRETY IN THE CLERK MINUTES OF THE CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE MARCH 26, 1985 'S OFFICE. Hearings of the municipal code violations were held by the Municipal Code Enforcement Board in the Council Chambers at CityHall on Tuesday, March 25, 1985. Chairman Jeffers called the meeting to order at 7:00 P.M., and asked secretary Castorina to call the roll with the following results: James Palmore - Present Deara Thompson - Present Robert Ridley - Present Lloyd Jeffers - Present • Blair Kuhlewind Jerry Walker - Preseet - Present Glorida Scherrer - Present Others present were: Code Enforcement Officer, Mallette West Castorina. ; and Secretary, Beatrice