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2018-09-11I. CALL TO ORDER - Chairperson. September 11, 2018 Regular Meeting, City Hall, 55 SE 3rd 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 August 14, 2018 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. CITY OF OKEECHOBEE Chairperson Gamiotea called the September 11, 2018, Regular Meeting to order at 6:33 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 Absent with consent Present Absent with consent (Alternate Megan Wilt filled the seat for Member Conrad) Present Absent with consent Present Present Absent Absent Present Present Member Sanders moved to dispense with the reading and approve the Summaryof Board Action forAugust 14, 2018; seconded by Member Denisuk. There was no discussion on this item. VOTE GAMIOTEA - YES CLOSE - ABSENT BERNST - YES CONRAD - ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. There were no request for the addition, deferral or withdrawal of items from today's agenda. SEPTEMBER 11, 2018 - CEB REGULAR MEETING - PAGE 2 OF 4858 AGENDA BOARD ACTION-b(SCUSSION --VOTE VI. 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. 18-021 Officer Sterling testified notice of violation/notice of hearing sent by certified mail was returned therefore notice was posted at Fosler LLC. 1000 Blk NW 51h Avenue property located at 1000 Blk NW 51h Avenue (Lots: 17 - 26 Blk:28). Officer Sterling stated this property has been in violation Ch 30 Sec 30-43 Public nuisance several times for overgrown grass, but the property owner normally has it mowed before a fine is imposed. Officer Sterling Ch 30 Sec 30-44 General cleaning & beautification added he spoke with the property owner, Randy Simler of Fosler LLC, a few days ago and he said he would have it mowed,' however as of today it is still overgrown. Member Denisuk moved to find Case No.18-021, Fosler LLC, 1000 Blk NW 5" Avenue, in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning & beautification, based on the testimony of Code Officer Sterling, imposing a fine of twenty-five dollars per day beginning fourteen days after receipt of proper notification; seconded by Member Bernst. GAMIOTEA - YES CLOSE - ABSENT BERNST - YES CONRAD-ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED Case No. 18-024 Officer Sterling testified notice of violation was sent via certified mail and received by property owner, but notice of hearing Teresa Cappetta. 502 SE 10`h Avenue sent via certified mail was returned. Therefore, notice of violation/notice of hearing was posted on property located at 502 SE Ch 30 Sec 30-43 Public nuisance 10`h Avenue. Officer Sterling said the property has a dilapidated house that needs to be secured to keep out vagrants. He added, he attempted to contact Ms. Cappetta by phone but she has not returned his call. There was a discussion among the board regarding the possibility of the City condemning the property. Chair Gamiotea showed the Google Earth street view of the property to the board members so they could see the damage to the house. The board continued to discuss what the process would be to have the property condemned. Officer Sterling said the City Building Official would need to declare it unfit for human habitation and then it would go before City Council to approve condemnation. 859 SEPTEMBER 11, 2018 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA BOARD ACTION -DISCUSSION - VOTE Case No. 18-024 (continued from page 2) Member Denisuk moved to find Case 18-024, Teresa Cappetta, 502 SE 10`h Avenue, in violation of Ch 30 Sec 30-43 Teresa Cappetta. 502 SE 10`h Avenue Public nuisance, based on the testimony of Code Officer Sterling, imposing a fine of fifty dollars per month, beginning Ch 30 Sec 30-43 Publiic nuisance thirty days after proper notification and recommending City staff investigate the possibility of proceeding with condemnation of the property; seconded by Member Bernst. VOTE GAMIOTEA - YES CLOSE - ABSENT BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. Case No 17-036 Code Officer Sterling testified notice of hearing was sent via certified mail and returned. Therefore, notice was posted on Brenda Kemp. 800 SW 2" Avenue property located at 800 SW 2" Avenue. Officer Sterling said the property is not being maintained and a fine of fifty dollars per Consider recommending foreclosure day has been accruing for almost a year. Chair Gamiotea reminded the board this property is across the street from the Okeechobee County School Board, He added, due to the location it is highly visible to everyone doing business at the School Board. Therefore, it is very important for this property to be kept in compliance. Member Sanders moved to recommend Case 17.036, 800 SW 2"d Avenue, be sent to City Council to proceed with foreclosure, based on the testimony of Code Officer Sterling; seconded by Member Bernst. VOTE GAMIOTEA - YES CLOSE - ABSENT BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. B. Update on Case No 17-040 Okeechobee Park Street LLC Code Officer Sterling gave a brief update on Case No 17-040 Okeechobee Park Street LLC (Walgreens). He stated Walgreens (Walgreens) is in the process of installing a new well for the irrigation system. Once the irrigation system is working properly, then they will begin replacing dead trees and shrubbery. Officer Sterling said they have been very cooperative and appear to be willing to do whatever the City requires in regard to all landscaping issues. AGENDA ADJOURNMENT - CHAIRPERSON GAMIOTEA. 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. *Notation for Clarification: City Council adopted Ordinances No. 1174 and No. 1175 amending the processing of code enforcement cases from a citizen board to a magistrate. SEPTEMBER 11, 2018 - CEB REGULAR MEETING - PAGE 4 OF 4 860 BOARD ACTION - DISCUSSION - VOTE THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:12 P.M. I. CALL TO ORDER - Special Magistrate. December 11, 2018 Regular Meeting, City Hall, 55 SE 3`d Avenue II. PLEDGE OF ALLEGIANCE - Special Magistrate III. SPECIAL MAGISTRATE AND STAFF ATTENDANCE - Secretary. Special Magistrate Roger Azcona Code Enforcement Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Code Enforcement Secretary Sue Christopher IV. MINUTES - Secretary. A. Dispense with the reading and approve the Summary of Action for the September 11, 2018 Regular Meeting. Special Magistrate Azcona called the December 11, 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 Special Magistrate Azcona . Present Present Present Present Present Special Magistrate Azcona dispensed with the reading and approved the Summary of Action for September 11, 2018. _ V. AGENDA - Special Magistrate. A. Requests for the addition, deferral or withdrawal of Case 18-048, Marvin Brantley was withdrawn from today's agenda. items on today's agenda. DECEMBER 11, 2018 - CODE ENFORCEMENT REGULAR MEETING - PAGE 2 OF 3862 AGENDA BOARD:ACTION - DISCUSSION - VOTE VI. 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, 11 photographs, and supporting documents were all entered as part of the official record. Case No. 18-031 Officer Sterling testified notice of violation/notice of hearing for Case 18-031, Gail Elliott, sent by certified mail was received. Gail Elliott Trustee. 1008 SW 3`d Street Officer Sterling stated Gail Elliott is deceased and the person responsible for the property is Tyler Elliott. Officer Sterling said Ch 30 Sec 30-43 Public nuisance he had been in contact with Tyler Elliott and he requested a thirty day extension in order to finish cleaning the property. Code Ch 30 Sec 30-44 General cleaning & beautification Officer Sterling recommended since some cleaning has been done to allow a thirty day extension in order to finish cleaning the 11 property at 1008 SW V Street. Special Magistrate Azcona found Case No.18.031, Gaii Elliott T rustee, 1008 SW V Street, based on the testimony of Code Officer Sterling that some cleaning had been done, to allow a thirty day extension to have the property in compliance and put on the agenda for January 8, 2019 if not in compliance by that date. Case No, 18-036 Officer Sterling testified notice of violation/notice of hearing for Case 18-036 sent by certified mail was returned, therefore notice Aaron Kinty & Charles Waldington. 911 NW 11`h Street was posted on the property at 911 NW 1 lth Street. Officer Sterling stated he has spoken with Mr. Waldington several times. Ch 30 Sec 30-43 Public nuisance Officer Sterling said he started cutting back the vegetation, but it is very overgrown and more time is needed to get property Ch 30 Sec 30-44 General cleaning & beautification in compliance. Special Magistrate Azcona found Case No.18-036, Aaron Kinty & Charles Waldington, 911 NW 11th Street, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning, based on the testimony of Code Officer Sterling, allowing a thirty extension to have the property in compliance and put on the agenda for January 8, 2019 if not in compliance by that date. Case No. 18-039 Officer Sterling testified notice of violation/notice of hearing sent by certified mail was received by property owner. Officer Sam Lane. 800 Blk NW 101h Street Sterling stated Case 18-039 was in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 30-44 General cleaning but Ch 30 Sec 30-43 Publiic nuisance is now in compliance. Officer Sterling recommended Case 18-039 be found in violation of Ch 30 Sec 30-43 and Sec 30-44 from Ch 30 Sec 30-44 General cleaning & beautification September 15, 2018 thru December 10, 2018. Special Magistrate Azcona found Case No. 18-039, Sam Lane, 800 Blk NW 10th Street, in violation of Ch 30 Sec 30.43 Public nuisance and Sec 30-44 General cleaning from September 15, 2018 thru December 10, 2018 but is now found in compliance as of Decembe -11, 2018, based on the testimony of Code Officer Sterling. 863 DECEMBER 11, 2018 -CODE ENFORCEMENT REGULAR MEETING - PAGE 3 OF 3 AGENDA BOARD ACTION!- DISCUSSION -:VOTE, VII. ADJOURNMENT - SPECIAL MAGISTRATE. III THERE BEING NO ADJOURNED THE MEETING FURTHER DIS P.M. ION NOR ITEMS ON THE AGENDA, SPECIAL MAGISTRATE AZCONA a, Special Magistrate 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. ANIsDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE 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 Florida, thg the attached copy of advertisement being a_ FU1C\,� i in the matter of FAQ-L J 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 subscribed before me this dayof��-( �� AD r Notary Public, StVte of Florida at Large I .-1 A EEI— ANGIE BRIDGES ., COM MISSION # FF 976149EXPIRES: APO 20,2020ed Thru Notary Public Undemiters Okeechobee News 107 SW 17th. Streei,' Suite j) '' 4'y '., ' , . " Okeechob'ee-tVrorida 34974 , }',, 8 1 63-313, � R PUBLIC NOTICE ODDE ENPDRCEMEWT BOARD MEETING NOTIM IS HMEBY MEN @at the Qy or OlmrMm Cade BfaL- mer[Bwrd C�)waandima anTUe„Sep��ba11, fI&630 oraswmUx dter�atQytta1,555E3rdA,e, �� be�ed fiorrr n�� fhe Cede ErdaoengttOf�, 8R-"97'%. ANY PERSON DECIDM TO APPEAL ary and ton nade by the C® Z re-ecf m arty m3ttrr mr ed at this medix� eel need m ensure a verbl. record of the prooeedrg 5 rrede ad the remrd trdudes the te9ino- ny aq eaderm upon wNch the aappp�ealI wi be based In amddmm wih the ArWtwswih Oiebi ACt(AG4),ay witta asde(rred by the ADA, ihet needs spe.®I moo ID W1 {� h th5 pror�drg, mnmm the Fie Depafirnt no �r UM two Gsk. days jZ F*oo:� kn BE AVVZED M MotddyouhtEsA W MmanydxweMpdurp,videoor b?nsN.lhe AXpall oppoSl- arylenonthe aapyd the doatrr>er� pt3m, Vtleo, orl�in mat be ptaidad m fhe Bard sgn�ry 1ortheQy4smwrds CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD SEPTEMBER 1112018 OFFICIAL AGENDA I. CALL TO ORDER -Chairperson: September 11, 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 jq Board Member Beverly Bemst ✓ ' Board Member Louise Conrad Pc� W(Ct�✓r��' �� Board Member Ted Denisuk ✓ Board Member Jim Pippin j b<km_+ w` Board Member Michelle Sanders Alternate Member Megan Wilt Board Attorney John Cook Ate' Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling ✓ Secretary Sue Christopher IV. MINUTES - Secretary. �, du la� nee) A. Motion to dispense with reading and approve Summary of Board Action for August 14, 2018 Regular Meeting. V. AGENDA -Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. ntd &AA�2d PAGE 1 OF 2 PAGE 2 OF 2 VII. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 18-021 Fosler LLC 1000 Blk NW 5"' Avenue 18-024 Teresa Cappetta 502 SE 10" Avenue 17-036 Brenda Kemp 800 SW 2nd Avenue Vill. ADJOURN MEETING - Chairperson Violation Ch 30 Sec 3043 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 3043 Public nuisance Consider recommending foreclosure PLEASE TAKE NOTWEAND BEADVISED 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. -ORI e0 60A� Vku 10 ''LtceW9 r a— K-G Y44 aA , 74/J r� &Q+M'4er- ) !, ad l? City of Okeechobee Code Board Meeting September 11, 2018 Case #18-021 Fosler LLC 1000 Block NW 5t" Avenue CH 30, Sec. 30-43 — Public Nuisance CH 30, Sec. 30-44 —General Cleaning &Beautification 09/13/2017 — Sent Courtesy Card 05/23/2018 — Mailed Notice of Violation. 07/09/2018 — Notice of Violation returned, Unclaimed. 08/29/2018 - Mailed Notice of Violation/Notice to Appear. 09/05/2018 — Posted property with Notice to Appear. 09/06/2018 — Spoke to Randy Simler. Will get it mowed. Case #18-024 Teresa Cappetta 502 SE 10t" Avenue CH 30, Sec.30-43 Public Nuisance -Secure Building • 01/25/2018 — Sent Courtesy Card. • 06/07/2018 — Mailed Notice of Violation. • 06/09/2018 — Notice of Violation returned, Refused. • 07/17/2018 — Mailed Notice of • Violation/Notice to Appear. • 07/30/2018 — Notice to Appear • returned, Refused. • 08/24/2018 — Mailed second Notice • to Appear. • 09 05 2018 - 2" d Notice to Appear 0 returned, Refused/ Posted property. Case #17-036 Brenda Kemp 800 SW 2nd Avenue Consider recommending foreclosure 12/12/2017 — Came before Code Board. 12/20/2017 — Sent Board Order to Brenda Kemp. 12/22/2017 — Posted Board Order. 12/23/2017 — Started fine of $50.00 a day. 03/15/2018 — Recorded Lien. 01/25/2018 — Board Order sent to Brenda Kemp returned, unclaimed.. 07/18/2018 — Mailed 90 day letter to Brenda Kemp. 08/13/2018 — Mailed 90 day letter to her son, Wayne Purvis. 08/21/2018 - 90 day letter sent to Brenda Kemp returned, unclaimed. 08/30/2018 — 90 day letter received by Tammera Purvis. 08/30/2018 — Posted Notice of Hearing on Foreclosure. 5eFfVnber it, 2411 CODE ENFORCEMENT BOARD September 11, 2018 x9c�racdcx*x9c�xxxxxxxx�acxx�c�cxxxxxxxxxxxxxxxxxxxxx�xxxxxicxx�c�cx4ex�cxx9exxxxxdcx�dcxxxxxxxxxxxxxx�k*�k�k�k��k�k>k:k�k�k�k�k�k�lcok�k�k�k�*�lc�e�*��lc��k8:�k$�lc Case No Name Fine Started Filed 90 Days 15-013 Anthony Bertram $15/day 7/10/18 1105 SW 71' Avenue 17-005 Jackie & Melinda Rediker $15/day 5/14/18 8/9/18 11/07/18 201 NE 10" Street 17-036 Brenda Kemp $50/day 12/23/17 3/15/18 6/13/18 800 SW 2nd 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 7`h Street 18-009 Thomas Corcoran $15/day 5/30/18 7/02/18 9/29/18 309 NE 61' Street * Distributed at meeting for informational purposes only. Code Board Action 5/09/18 - Imposed fine: pub. nuisance/commercial vehicle 5/09/17 - Imposed fine: disabled vehicles/pub. nuisance 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