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2019-01-08I. CALL TO ORDER - Special Magistrate. January 8, 2019 Regular Meeting, City Hail, 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 December 11, 2018 Regular Meeting. V. AGENDA - Special Magistrate. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Special Magistrate Roger Azcona called the January 8, 2019, Regular Meeting to order at 6:38 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 Board Action for December 11, 2018. There were no request for the addition, deferral or withdrawal of items from today's agenda. 865 JANUARY 8, 2019 - CODE ENFORCEMENT REGULAR MEETING - PAGE 2 of 4 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, photographs, and supporting documents were all entered as part of the official record. Case No. 12-139 & 14-071. Officer Sterling testified this vacant property formerly owned by Alumni Partners II LLC was sold at a tax certificate sale to Be A Man Buy Alumni Partners II LLC. 206 SW 91h Avenue Land LLC. Be a Man Buy Land is now requesting a reduction of the lien which accrued under the previous owner. Code Officer Sterling Request for lien reduction by new owner Be A Man Buy Land stated the property is now in compliance. Mr. Sterling testified the expenses incurred by the City were a $50.00 administrative fee on Case 12-139 and a $50.00 administrative fee plus a foreclosure filing fee of $1,050.00 on Case 14-071. Bringing the total expenses incurred by the City to $1,150.00. A representative for Be A Man Buy Man, Rene Griffith, addressed the Magistrate stating they had purchased the property at a tax certificate sale on June 7, 2018 and then became aware of the City's lien. Ms Griffith said paying the City $1,150.00 for expenses incurred was acceptable but they were requesting the balance of the lien be released. City Attorney, John Cook, advised the Magistrate the new owners Be A Man Buy Land had nothing to do with the violations on the property. He said they actually fixed the problem by bringing the property into compliance once they purchased it. So his recommendation was to reduce the approximately $80,000.00 lien that accrued under the previous owners to the amount of $1,150.00 to cover expenses incurred. Special Magistrate Azcona found Case 12-139 and 14.071, 206 SW 9" Avenue, to be in compliance, based on the testimony of Code Officer Sterling and granted alien reduction in the amount of $1,150.00 to be paid within thirty days from today by the new property owner, Be A Man Buy Land LLC. Case No. 18-028 Officer Sterling testified notice of violation/notice of hearing sent by certified mail was received by property owner. He stated the property Yvette Banner. 913 NW 9`h Street has debris in the backyard and as of today is still not in compliance. Yvette Banner's daughter, Jasmine Duhaney, addressed the Ch 30 Sec 30-44 General cleaning & beautification Magistrate stating her dad had passed away leaving her disabled mom to take care of the property. So she and her sisters are trying to help her mom get the property cleaned up. She said they have removed some disabled vehicles, but would like some clarification as to what specifically needs to be done to bring the property into compliance. Officer Sterling said the pile of debris behind the black car and the area by the white fence needs to be cleaned up, so when you look at the property it has a neat appearance. Ms. Duhaney said she understood what needed to be done and asked for at least two weeks to have it finished. Special Magistrate Azcona found Case No. 18-028, Yvette Banner, 913 NW 91h Street, in violation of Ch 30 Sec 30-44 General cleaning, based on thetestimony of Code Officer Sterling, allowing until the next Code Enforcement meeting on February 12, 2019 to have the property in compliance and contact the Code Officer to verify compliance. If the Code Officer determines the property is in compliance by that date, then the property owner will not be required to appear before the Magistrate in February. JANUARY 8, 2019 -CODE ENFORCEMENT REGULAR MEETING - PAGE 3 OF 4 866 AGENDA," IFL BOARD -DISCUSSION -VOTE Case No. 18-036 Officer Sterling testified notice of violation/notice of hearing sent by certified mail was returned, therefore notice of hearing was posted on Aaron Kinty & Charles Waldington. 911 NW 11°i Street the property located at 911 NW 11`h Street. Officer Sterling said some cleaning and cutting back of vegetation has been done, but as of Ch 30 Sec 30-43 Public nuisance today property is not in substantial compliance with City ordinances. Property owner, Charles Waldington, addressed the magistrate stating Ch 30 Sec 30-44 General cleaning & beautification he was not aware that the property was in violation, until Mr. Sterling called him on December 10, 2018. He said as soon as he was made aware of the problem, he began cutting the vegetation and trimming tree limbs. Mr. Waldington added due to a series of unfortunate personal & financial events, he is unable to pay to have the property cleaned and has to do all the work himself. Therefore, he is requesting an extension of time to complete the work. Special Magistrate Azcona found Case No. 18.036, Aaron Kinty & Charles Waldington, 911 NW 11'h 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 until the next Code Enforcement meeting on Feb 12, 2019 to have the property in compliance and contact the Code Officer to verify compliance. If the Code Officer determines the property is in compliance by that date, then the property owner will not be required to appear before the Magistrate in February. Case No 18-048 Code Officer Sterling testified notice of violation/notice of hearing was hand delivered and received by property owner Marvin Brantley. Marvin Brantley. 1905 S. Parrott Avenue Officer Sterling stated the property is in violation for having items stored in front of the fence. After reinspecting the property today, Mr. Ch 30 Sec 30-44 General cleaning & beautification Sterling said most of the items have been removed. Property owner, Marvin Brantley, addressed the magistrate stating he realized he had neglected to keep the front of his property clean because he was taking care of his mom who passed away a few weeks ago. However, for the past four weeks he has been working to clean up the property and he feels it looks about the best that it can possibly look. Attorney Cook advised the Magistrate it seems from time to time the property goes in and out of violation. Mr. Cook stated last year when this case was brought back to the Circuit Court, the judge said if it was in non-compliance again Mr. Brantley would be taken to jail. Since it appears Mr. Brantley is not concerned about going to jail, Attorney Cook suggested imposing a fine might give him more incentive to keep his property clean. He recommended imposing a $100.00 per day fine for the period the property was not in compliance. Officer Sterling verified the property was not in compliance from December 27, 2018 until January 7, 2019 (twelve days). Special Magistrate Azcona found Case No. 18.048, Marvin Brantley, 1905 S. Parrott Avenue, in violation of Ch 30 Sec 30.44 General cleaning from December 27, 2018 until January 7, 2019, based on thetestimony of Code Officer Sterling, imposing a fine of $100.00 per day for those twelve days ($1,200), if the property remains in compliance for ninety days, Mr. Brantley will have the option to come before the Magistrate to request a release of the $1,200 lien, as long as the property continues to be in compliance. Citation No. 0116 Code Officer Sterling testified a Code Enforcement Citation was hand delivered to property owner on December 17, 2018. He stated the Zaben Omar Nafal. 1002 NW Park Street property had trash and debris scattered around the dumpster. Property owners wife, Maha Ismael, addressed the magistrate stating Waste Ch 30 Sec 30-32 Accumulation on real property Management picks up trash three times a week, but other people are dumping trash in their dumpster. Chief Smith advised neighbors had Ch 30 Sec 30-44 General cleaning & beautification complained because of the buzzards, he suggested putting up a security camera to discourage other people from using their dumpster. Special Magistrate Azcona found Citation No. 0116, Zaber, Omar Nafal, 1002 NW Park Street in violation of Ch 30 Sec 30-32 Accumulation on real property and Sec 30.44 General cleaning from December 12, 2018 until December 17,2018, based on the testimony of Code Officer Sterling, Magistrate Azcona did not impose a fine since this was the first violation. Fool Me AGENDA VII. ADJOURNMENT - SPECIAL MAGISTRATE. Roger Azcona, 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. JANUARY 8, 2019 - CODE ENFORCEMENT REGULAR MEETING - PAGE 4 OF 4 BOARD ACTION- DISCUSSION -VOTE THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, SPECIAL MAGISTRATE AZCONA ADJOURNED THE MEETING AT 7:40 P.M. INDEPENDENT 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 Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a V(L0 .'tC. N04-((-(2- in SC-(2 in the matter of (, -Q. Lfl•-kekinn )912( tt01,r 1►to, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 11�Idei9 Affiant further says that the said Lake 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 forpblication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this (24{' day of �1 Uu GLCL a.C. I ( AD Notary Public, State of Florida at Large Lake Okeechobee News 107 SW 17th Stree , St�eiD` Okeechobee, Flo ,i a-34974 863-7 3134 0 MY OF PUBLICNO°�� °108 CODE ENFORCEMENT SPECIAL MAGMA TE HEARING NOME LS HENEBY GIVER tot the Oy or Oleedcbee Code Brbr » mat*dalMB9aniewimrrdGaput mTesdaa8,2079, 630 PM, oresFL. Mc +,r1D.z 55SEardA No 2E0, Ol�eedcbee, Te p ita Is Inti. ad amuayad ro attend The agenda ment O�mr"aW�itheCade ffice, 933 - ANY PERSON DEC DING TO APPEAL my Cedsen nude W the Spedal Magtrate Mb respect ary near dd hearing vA �e erase a%a m dithep>v gsmadeateudat 1ffihvy and ehterce ppm rah the appeal w• be hosed H =dance wlhthe M t ww hDSabNisPct VON, ay wlhadataRyas darted by the ADA, It t teak medal a=r to patldpate h tNs ttco the Dtpartrrertrowo tOrthanthatlessdaysPAx 863-763-9795. BE ADVISED that shred you Nerd tostoway dp•rert Odin, vtdao a leas to Ire hagtd:rate h awed ale cppnstlon to ay tem m the ager$ adoamert, please, NSA a tan fonts Ciesrea n�beproYtdaimtheCbl Enforcement Seater/ Dr Herb Snell, Fie tQ Olaf/Cab Cprptenm Center CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING JANUARY 8, 2019 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Special Magistrate: January 8, 2019 Regular Meeting, 6:30 pm, City Hall, 55 SE 3'" Avenue, Okeechobee, FL 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 reading and approve Summary of Board Action for December 11, 2018 Regular Meeting. V. AGENDA - Special Magistrate. A. Requests for the addition, deferral or withdrawal of items on today's agenda. C plied cio 042-1- c' :a-pfn ai4 vntruto frc PAGE 2 OF 2 VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 14-071/12-139 Alumni Partners II LLC 206 SW 9t Avenue 18-028 Yvette Banner 913 NW 9th Street 18-036 Aaron Kinty & Charles Waldington 911 NW 11th Street 18-048 Marvin Brantley 1905 S. Parrott Avenue Citation No. 0116 Zaben Omar Nafal 1002 NW Park Street VII. ADJOURN MEETING - Special Magistrate Violation Request for release or reduction of lien by new owners, Be A Man Buy Land LLC Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-43 Public nuisance Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-32 Accumulations on real property Ch 30 Sec 30-44 General cleaning & beautification PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Special Magistrate 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 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)467-1586. Please be advised if you intend to show any document, picture, video or items 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. e46e.* la —j 39 l Lf —e it keio/u2-d-5Altdcc iu-vt- ' ' -e-ti Y»?aic. • 1'- ,./, 'L�S� c �- t—�'1L 1pc Qk- al `(/z_c,k- -L.ea� ra cc la ePl&- (e/i7h,r . ad: , ,oGj ac l c;ruAtvi kr witRzatritiu- (arta_ ' ad 1 e we frid, soge_ aTiv4itt-- Y0-4& m4 ry Gt'Uya Glu < I It 414 Y , 117 ailite 7-0-aite/K-0A1 uto oi ),36 _Liz/ toc&r:i2e tite:/yi-Lnq 62-710 / 6)40 Aaudd,ft-e , ,f1- 6�3 (P , ,, . Nw�-wu- C6026a Of a' �u Eqvitaixt-kd 4a,totd 41C,Cci LAL citetd ICuLtgl-16M yibcfd-q is !Q4-0 e i 4u2. 44.01 4 044 l ein4 v/ 66 �n � 4�i ems.. ir-o-c- 4c, ioAcat 1-frEt/tA / 'N- a a '/Cc 4 - %n �/] �C�rrrn�7 (m.0-1-tiLt_zo kac (me ,a--t-e.d (feud urn,dr,{ --xeactex, 0-61,0 (nu/ 6,-,nio aleu, - cuir7i /d 'J c -6;),/(p, C chic) It � w --0a6( (L:YA ,LA1 - Gc- al*ui c 2 (16 (1.a-virczfa c&a/K. qi&c. 4 -PK, ‘,0 kyued X1 -6/Le/Yr) 1 1 -bkc G '-i1901-, tot, C)//6, �te sc� a 30-1-01 a cc! 1,4,�c. couz coot 4", 1" 7-(0 /on CODE ENFORCEMENT CASE PRESENTATION Case #12-139 & 14-071 RESPONDENT Alumni Partners II LLC & Be A Man Buy Land ROPERTY ADDRESS 206 SW 9th Avenue, Okeechobee, FL 34972 1. My name is Fred Sterling and I have been duly sworn in prior to presenting evidence. L. 1(1 January Si 42019 2. That I am a certified code inspector for the City of Okeechobee, Florida. 3. The Respondent(s) is/ are Be A Man Buy Land is/ are (X ) are present or ( ) not present. 4. The Case number assigned above concerns the real property located at 206 SW 9th Ave located within the municipal boundaries of the City of Okeechobee, Florida. 5. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the record owner(s) of this property is/are: Be A Man Buy Land. City exhibit no.1. 6. This property is occupied by the ( ) named owner(s), or by a ( ) tenant or is ( X ) Vacant. 7. On December 20, 2018, The City of Okeechobee sent a Notice of Hearing to Be A Man Buy Land about their request for a Reduction of Penalty. - ity exhibit no. 2. 8. On December 27, 2018, I personally inspected the property. 9. At that time, I observed the following conditions: General Cleaning & Beautification CH30 Sec.30-44 10. On January 3, 2019 the City received the proper forms from Be A Man Buy Land for a Reduction of Penalty. exhibit no. 3. 10. At this time the property is in compliance. 11. The City is requesting reimbursement of expenses incurred on said property of $50.00 administrative costs on Case #12-139 And $1050.00 for foreclosure filing fees and $50.00 for administrative costs on Case #14-071. Total cost $1150.00. This concludes my presentation at this time. Okeechobee County Property Appraiser - Map Printed on 1/7/2019 12:48:09 PM Page 1 of 2 2-21-37-35-0A00-00008-13000 BEA MAN BUY LAND LLC 0.951AC 16/72018 47,800 -Vl Okeechobee County Property Appraiser Mickey L. Bandi, CFA - Okeechobee, Florida - 863-763-4422 0 67 134 201 ft ARCEL: 2-21-37-35-0A00-00008-6000 - VACANT (000000) UNPLATTED LANDS OF THE CITY COMMENCE AT A POINT ON EAST LINE OF PENSACOLA STREET 345 FEET SOUTH OF SOUTH LINE OF SOUTH PARK STREET, RUN EAST ON SOUTH BOUNDARY OF TUSCALOOSA TREET AND PARALLEL WITH SOUTH BOUNDARY LINE OF BLOCK 200, CITY OF OKEECHOBEE A DISTANCE OF 670 FEET TO POINT OF BEGINNING; CONTINUE EAST 35 FEET; THENCE RUN SOUTH 150 FEET; THENCE RUN WEST 35 FEET; THENCE RUN NORTH 150 FEET TO THE POINT OF BEGINNING. LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. ND UNPLATTED LANDS OF THE CITY AND ABANDONED RAILROAD OF FEC COMMENCE AT A POINT ON EAST LINE OF PENSACOLA STREET 575 FEET SOUTH OF R/W LINE OF SOUTH PARK STREET, RUN EAST PARALLEL WITH SOUTH BOUNDARY LINE OF BLOCK 200, CITY OF OKEECHOBEE A DISTANCE OF 300 FEET FOR POINT OF BEGINNING; THENCE CONTINUE EAST A DISTANCE OF 370 FEET; THENCE NORTH 30 FEET; THENCE EAST 35 FEET; THENCE SOUTH 70 FEET; THENCE WEST 405 FEET; THENCE NORTH 40 FEET TO THE POINT OF BEGINNING. LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. AND UNPLATTED LANDS OF THE CITY OF OKEECHOBEE AND ABANDONED RAILROAD OF FEC BEGINNING T A POINT ON THE SOUTH LINE OF TUSCALOOSA STREET, 670 FEET EAST http://www.okeechobeepa.com/GISv1/Print Map.asp?pjbojdcfej ajpldonlchggpkoempnjc... 01/07/2019 Okeechobee County Property Appraiser - Map Printed on 1/7/2019 12:48:09 PM Page 2 of 2 OF THE INTERSECTION OF SAID SOUTH LINE OF TUSCALOOSA STREET AND THE EAST LINE OF PENSACOLA STREET, RUN SOUTH ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF CHOKALOSKEE STREET, 150 FEET TO A POINT; THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF TUSCALOOSA STREET 75 FEET TO A POINT; THENCE RUN NORTH PARALLEL TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF CHOKALOSKEE STREET 150 FEET TO A POINT ON THE SOUTH LINE OF TUSCALOOSA STREET, RUN EAST ON SAID SOUTH LINE OF TUSCALOOSA STREET TO THE POINT OF BEGINNING. LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. AND UNPLATTED LAND OF THE CITY AND ABANDONED RAILROAD OF FEC BEGINNING AT A POINT ON THE EAST LINE OF PENSACOLA STREET 345 FEET SOUTH OF THE SOUTH LINE OF SOUTH PARK STREET; THENCE SOUTH ALONG EAST LINE OF PENSACOLA STREET 200 FEET TO A POINT; THENCE EAST 595 FEET TO THE POINT OF BEGINNING THENCE EAST A DISTANCE OF 105 FEET; THENCE NORTH A DISTANCE OF 50 FEET; THENCE WEST A DISTANCE OF 105 FEET; THENCE SOUTH 50 FEET TO THE POINT OF BEGINNING. LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. AND UNPLATTED LANDS OF THE CITY AND ABANDONED RAILROAD OF FEC COMMENCE AT A POINT ON THE EAST LINE OF PENSACOLA STREET 545 FEET SOUTH OF SOUTH R/W LINE OF SOUTH PARK STREET, RUN EAST PARALLEL WITH THE SOUTH BOUNDARY LINE OF BLOCK 200, CITY OF OKEECHOBEE, A DISTANCE OF 595 FEET FOR POINT OF BEGINNING; THENCE CONTINUE EAST A DISTANCE OF 75 FEET; THENCE RUN SOUTH PARALLEL WITH EAST R/W LINE OF PENSACOLA STREET A DISTANCE OF 30 FEET; THENCE RUN WEST 75 FEET; THENCE RUN NORTH 30 FEET TO POINT OF BEGINNING. LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. Name:BE A MAN BUY LAND LLC LandVal $12,154.00 Site: 206 SW 9TH AVE, OKEECHOBEE BldgVal $0.00 Mail: 4260 SE FEDERAL HVVY ApprVal $12,154.00 STUART, FL 349974937 JustVal $12,154.00 Sales Assd $12,154.00 Info Exmpt $0.00 Taxable $12,154.00 This information, updated: 1/4/2019, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GISv1/Print Map.asp?pjbojdcfej ajpldonlchggpkoempnjc... 01/07/2019 CASE NO. 14-071 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- Respondent. Alumni Partners II LLC / Be A Man Buy Land / NOTICE OF HEARING Pursuant to Florida Statutes 162 and Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, hereby gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Special Magistrate for the City of Okeechobee, to consider a release or reduction of lien on Case #14-071 Alumni Partners II LLC / Be A Man Buy Land , 206 SW 9th Avenue, Okeechobee, FL. NOTICE IS HEREBY GIVEN that the Code Enforcement Special Magistrate will meet in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 8th day of January , 20.19 , at 6:30 p.m. . DATED THIS g-04—day of 2012, CODE ENFORCEMENT 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 467-1586 1 Fred Ste - ing Code Enforcement Officer To: Fred Sterling Page 2 of 3 2019-01-03 21:30:09 (GMT) 16315941420 From: Joseph Gazza 01/0312019 13:24 OKEECHOBEE CITY FRE DEPARTMENT faBW637749. P.0021003 am mommy BOARD crrs ov oxprtamBEE •CaDe REQUEST, EOR, REPUCTION QmsAm.DA tj,L. ,ThmigosigoivrtliA,NcE DATI. usismucnon.pitase. fin illbotb gem of this form•oompletely; 13`e. ,.-pecifie when writing:Pur statcroeut. Moe rotata this foto to the Code•Saforcemout.0,0pezacAt., The Peen iill than be presmtedsto :the Board at the pext regularly scheduled meeting, If you are olaiming.medcl or,finanPial bgird4, Attach supporaz documental* (Lel 4. &(efor's•stateMleSt Or prof ofine*.) gygh.have. any 'titles:66mi.. please Call the.Code triforcentent OtTicer, Pied: Str ng..t (6) 467,15 gt5, The Board. NYIP•Ponsider.t coasts for ted4ction. orpenAityorcxtension of compliance only crte*.for each me. Tb owd simil be fin1.,aette0o t110,000. You may appear. a 'Ow lotd14.9-offor. tostimoky, • Propexty. Owaerls Name: Proporky:Address: phone:Ny.1ov whtrt you co be rkno.).10 durikkg.te, day: — Is the property now incompliance? N---"Nrcs *Ile board i11 not consider a reduction of • penalty •if the• property is not in compliance, At‘ eXplain in detail; 0.1.1.11•••••1* •P Ase you requestirvan extersiort•oftimeto make repairs? Yes *1-"-1.0 Data you called Ihe Code Buforcement Deparktam•t r reinspectibu; Are you claiming PtImeisl'harciship? '..v;e9V'es• Aro: you, loit.tirairig. medicalhardiihti? If 1,11C property ownoris utlaWc to complete this forni, list the:name:of topers= who is autlicirized to act for the propertY owner and their relatiotithip Page 1 of 2 • 01103120.19 1324 OKEECHOBEE CITY FIRE. DEPARTMENT .P.0031003 , do hereby AlbUS Petition reciwt fox a 'reduction im•die total, amount °fp:malty imposed or =pot for ao extension °fano to teinthe ProtertY into 'coinpliaao, and in support atm. the folkowing staientz ,Jar1/4. \NO --4r42..0 4.,st?sr,,,&„L,„1:12_,Ak,faakatasa c. eQ.10‘1,P—C1 Da* ezzeo ydasor luoid Oii769L9L Page 2'Of2. (.LINS) 60:0£:1Z £0-1-0-61,0Z £40 95ed 614.194e CODE ENFORCEMENT CASE PRESENTATION CASE NO. 18-028 RESPONDENT Yvette Banner PROPERTY ADDRESS 913 NW 9th Street, Okeechobee, FL 34972 i xlu.cu y �', adt`� 1. My name is Fred Sterling and I have been duly sworn in prior to presenting evidence. 2. That I am a certified code inspector for the City of Okeechobee, Florida. 3. The Respondent(s) Yvette Banner is/are (N, present or ( ) not present. 4. The case number assigned above concerns the real property located at 913 NW 9th Street, located within the municipal boundaries of the City of Okeechobee, Florida. 5. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the record owner(s) of this property is/are: Yvette Banner. City exhibit no.1. 6. This property is occupied by ()(named owner(s) ( ) by a tenant, or ( ) is vacant. 7. On or about July 27, 2017, I observed & photographed the condition of the property. City exhibit no. 2 8. On December 28, 2017 I observed the following conditions (a) Untended vegetation. (b) General Cleaning & Beautification. (c) Debris in back yard. 9. The conditions existing on this date appeared to violate certain City codes or ordinances and based upon my investigation, I issued a courtesy card/ letter to the named Respondent(s) notifying them of the violations, with a request to have the property come into compliance with City Codes within 10 days of the letter. I again inspected the property and found it to still be in violation of Code, and I issued a Notice of Violation to the named Respondent(s) on the following date: 07/31/2018, The Notice of Violation set forth the following violation of Code with the corresponding Code or ordinance citation: CH30 Sec. 30-44: General Cleaning & Beautification. 10. The Notice of Violation was delivered to Respondent(s) in the following manner: ( ) By personal hand delivery (X) By certified mail (green card attached) City exhibit no. () By posting Notice of Violation on the subject property. 11. On September 20, 2018 property owners called, requested more time to clean up property. Gave them 30 days. 12. On September 24, 2018 I personally inspected & photographed the property. City exhibit # 4 13. Because I determined the alleged Code violations were not completely corrected, a Notice of Hearing before the Code Enforcement Magistrate was issued, City Exhibit 5, 14. which was delivered to Respondent(s) by: ( ) By personal hand delivery (X) By certified mail (green card attached) ( ) By posting the Notice of Hearing on the property. 15. Prior to the hearing date before the Magistrate, I again inspected the property, and determined that: a. ( ) The property had come into substantially full compliance with the cited Codes. b. (X) The property remained in non-compliance. At that time, I again took photographs of the condition of the property. City Exhibit no. 6. 16. I request that in addition to my testimony, that all exhibits, notices and photographs be admitted into evidence by the Magistrate. 17. Based upon the testimony and evidence, I request the Magistrate to take the following action: a. Grant a continuance to the Respondent(s) to provide additional time to come into compliance; OR b. Based upon the facts and evidence submitted, issue a conclusion of law that Respondent(s) Yvette Banner is/are in violation of the City Code or Ordinance sections cited in the Notice of Violation, and that they be required to come into substantial compliance with the Codes within 20 days after receipt of notice, and that they notify Code Enforcement when they do come into compliance. c. In the event the Respondent(s), after inspection by the Code Officer, are deemed not to be in substantial compliance by such date that the Magistrate: 18. Photographs of property taken January 8, 2019. City exhibit no. 7. (X) Find that as they are not in compliance, be ordered to pay a daily fine of $10.00 per day for every day the violation continues hereafter until Code Enforcement is notified that the property has come into compliance. This concludes my presentation at this time. Okeechobee County Property Appraiser - Map Printed on 1/7/2019 11:07:12 AM Page 1 of 1 3-15-37-35-0010-00430-00 70 BANNER YVETTE 0 224A 1 12!16.2013 - $500 - UU Okeechobee County Property Appraiser Mickey L. Bandl, CFA - Okeechobee, Florida - 863-763-4422 ARCEL: 3-15-37-35-0010-00430-0070 - MULTI -FAM (000800) CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE PLAT BOOK 5 PAGE 5) LOT 7 10 AND RE-RECORDED IN BLOCK 43 Name: BANNER YVETTE Site: 913 NW 9TH ST, OKEECHOBEE Mail: 913 NW 9TH ST OKEECHOBEE, FL 349722001 Sales Info LandVal BldgVal ApprVal JustVal Assd Exmpt Taxable $3,292.00 $29,729.00 $33,866.00 $33,866.00 $33,866.00 $0.00 $33,866.00 13 38 57 't This information, updated: 1/4/2019, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GISv1/Print Map.asp?pjbojdcfejaj pldonlchggpkoempnjc... 01/07/2019 • � 111'T � �� w�„� i � � i ^ , i. 7• �d J1f ^ � .a•�&•F a+tw ,z .,y �.�. . rya:: yr . 2018/07/27 10:26 3 r •- low 56 P.iP'.� � A �v/7 ��i �• i •' � �i f3.. � r� ' Cfty of Okeeckobee Code Enforcement CODE ENFORCEMENT BOARD CASE # 18-00028 NOTICE OF VIOLATION 7/30/2018 YVETTE BANNER 913 NW 9TH STREET OKEECHOBEE, FL 34972 RE: LOT: 7 BLK: 43 PARCEL: 31537350010004300070 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 913 NW 9TH STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Ch 30 Sec 30-41 Disabled vehicle & Sec 30-44 General Cleaning CORRECTIVE ACTION REQUIRED: PLEASE CLEAN BACK OF PROPERTY The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition, a fifty dollar administrative fee may be charged if the violaion is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact our office at 863-467-1586. Sincerely, Fr d Sterling Code Enforcement Officer (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 467-1586 • Fax: (863) 763-4489 SENDER: COMPLETE THIS SECTION al Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the ni811piece, or on the front if space permits. t Article Addressed to: YVETTE BANNER 913 NW 9TH STREET OKEECHOBEE, FL 34972 IIIIIIIIIIIIIIIIIINIIIIII 1 IIUI IIIIIIII IIIIII 9590 9402 2505 6306 7282 99 COMPLETE THIS SECTION ON DELIVERYt. I Agent Ley Addressee f D-liv D. Is •slivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑, Adult Signature ❑ dult Signature Restricted Delivery Certified Mali® A Certified Mall Restricted Delivery Q Collect on Delivery ❑ Collect' on Delivery Restricted Delivery 2. Article Number...(fransfer' frorti service label] _ , � . , •.�I , . . 7 016 2 710 0000 1724 9779 'all Restricted Delivery •PS Form 3$11:, duty 2015 PSN 7530-02-000-9053 ❑ Priority Mall Express® , ❑ Registered MaI1TM ❑ RegisteredMall Restricted ' Delivery O Return Recelpt for Merchandise O Signature Confirmetionn' . ❑.Signature Confirmation Restricted Delivery Domestic Return Receipt sk-L, 17 60 — 4 1/5 Z CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 18-00028 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- YVETTE BANNER Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Special Magistrate, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning and beautification 2. Location of Violation: 913 NW 9TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010004300070 4. Respondent(s) name & address: YVETTE BANNER; 913 NW 9TH STREET OKEECHOBEE, FL 34972 5. Description of violation: PLEASE CLEAN BACK OF PROPERTY AND REMOVE DEBRIS 6. Date by which violation is to be corrected: 1/02/2018 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 8th day of January, 2019, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Special Magistrate may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity. and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THIS day of.b_ a jinx' , 2019 CODE ENFORCEMENT 55 SE 3rd Avenue Okeechobee, Florida 34974 ed Sterling Code Enforcement Sfficer (863) 467-1586 SENDER COMPLETE THIS SECTION bas! :e ▪ Complete items 1, 2, and 3. ▪ Print your name and address on the reverse so that we can return the card to you. la Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Signature YVETTE BANNER 913 NW 9TH STREET OKEEC'FIOBEE, FL 34972 IIIIIIIII IIII94I10IIIII4228 8I IIlIII121IIII IIII I I IIF I 9590 2 3270 06 2. Article Number (Transfer from service label) D. Received by ,f]j nte. N me) (gent 0 Addressee C. Date of Delivery —M1 s delivery ad.'ess different from i em 1? 0 Yes If YES, enter delivery address bels w: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mat® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 7016 2710 0000 1725 0249 istricted Delivery ❑ Priority Mall Express® O Registered MaIITM ❑ Registered Mall Restricted, Delivery El Return Receipt for Merchandise ❑ Signature ConflrmatlonTM 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CODE ENFORCEMENT CASE PRESENTATION CASE NO. 18-036 RESPONDENT Aaron Kinty & Charles Waldington ROPERTY ADDRESS 911 NW 11th Street, Okeechobee, FL 34972 i-cultutry ;-0 Ict 1. My name is Fred Sterling and I have been duly sworn in prior to presenting evidence. 2. That I am a certified code inspector for the City of Okeechobee, Florida. 3. The Respondent(s) is/ are Aaron Kinty & Charles Waldington is/ are (X) are present or ( ) not present. 4. The case number assigned above concerns the real property located at 911 NW 11th Street located within the municipal boundaries of the City of Okeechobee, Florida. 5. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the record owner(s) of this property is/are: Aaron Kinty & Charles Waldington. City exhibit no.1. 6. This property is occupied by the ( ) named owner(s), or by a ( ) tenant or is (X) Vacant. 7. On or about 01/19/2018, I observed the condition of the property as hereafter set forth. 8. On_01/19/2018, I personally inspected the property. 9. At that time, I observed the following conditions: (a) Overgrown Vegetation. (b) Debris & Trash. 10. The conditions existing on this date 01/19/2018 appeared to violate certain City codes or ordinances and based upon my investigation, I issued a courtesy card/ letter to the named Respondent(s) notifying them of the violations, with a request to have the property come into compliance with City Codes within 30 days of the card sent on 01/23/2018. 11. On 08/16/2018 I again inspected the property and found it to still be in violation of Code, and I issued a Notice of Violation to the named Respondent(s) on the following date: 08/21/2018, as City exhibit no.2. 12. The Notice of Violation set forth the following violations of Code with the corresponding Code or ordinance citation: a. Code section no. 30-43 for violation of: Public Nuisance. b. Code Section no. 30-44 for violation of: General Cleaning & Beautification. 13. The Notice of Violation was delivered to Respondent(s) in the following manner: 14. ( ) By personal hand delivery 15. (X) By certified mail (green card attached) City exhibit no. 3. 16. () By posting Notice of Violation on the subject property. 17. In the Notice of Violation Respondent(s) were given 10 days to correct the violation(s), and was informed of the requirement to notify the Code Enforcement office when the corrections were complete. 18. On_11/27/2018 I re inspected the property, determined the Code violations were not corrected. 19. Because I determined the alleged Code violations were not completely corrected, a Notice of Hearing before the Code Enforcement Magistrate was issued on 11/30/2018, City exhibit no. 4, 20. which was delivered to Respondent(s) by: 21. ( ) By personal hand delivery () By certified mail (green card attached) City exhibit no.5. (X) By posting the Notice of Hearing on the property. City exhibit no. 6. 22. Prior to the hearing date before the Magistrate, I again inspected the property, and determined that: a. ( ) The property had come into substantially full compliance with the cited Codes. b. (yi The property remained in non-compliance. At that time, I again took photographs of the condition of the property. City exhibit no 7. 23. I request that in addition to my testimony, that all exhibits, notices and photographs be admitted into evidence by the Magistrate. 24. Based upon the testimony and evidence, I request the Magistrate to take the following action: a. Grant a continuance to the Respondent(s) to provide additional time to come into compliance; OR b. Based upon the facts and evidence submitted, issue a conclusion of law that Respondent(s) Aaron Kinty & Charles Waldington is/are in violation of the City Code or Ordinance sections cited in the Notice of Violation, and that they be required to come into substantial compliance with the Codes within 20 days after receipt of notice, and that they notify Code Enforcement when they do come into compliance. c. In the event the Respondent(s), after inspection by the Code Officer, are deemed not to be in substantial compliance by such date that the Magistrate: 25. Photographs of property taken January 08, 2019. City exhibit no. 8 (X ) find that as they are not in compliance, be ordered to pay a daily fine of $10.00 per day for every day the violation continues hereafter until Code Enforcement is notified that the property has come into compliance. 26. This concludes my presentation at this time. Okeechobee County Property Appraiser - Map Printed on 12/6/2018 10:17:14 AM Page 1 of 1 F10;617'441 345 .745-OO1b t42aC-tro ;d KINTYAAR€ NA&`.WALDI{VGTO 4 CHA. 0.344A6['8129/2005 -.$113.1130 -V10 Okeechobee County Property Appraiser Mickey L. Bandl, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-00250-0040 - VACANT (000000) CITY OF OKEECHOBEE LOTS 4 & 5 BLOCK 25 Name:KINTY AARON A & WALDINGTON CHA Site: 911 NW 11TH ST, OKEECHOBEE Mail: 2341 SE 27TH AVE OKEECHOBEE, FL 34974 Sales Info LandVal $4,800.00 BldgVal $0.00 ApprVal $4,800.00 JustVal $4,800.00 Assd $4,800.00 Exmpt $0.00 Taxable $4,800.00 4V'' 94 141, i't This information, updated: 11/29/2018, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://wvvw.okeechobeepa.com/GISvl/Print_Map.asp?pjboj dcfej ajpldonlchggpkoempnjc... 12/06/2018 fXHI/3ITZ Cfty of Okeeckobee Code Enforcement CODE ENFORCEMENT BOARD CASE # 18-00036 NOTICE OF VIOLATION 8/21/2018 CHARLES WADLINGTON 4408 HUNTING TRAIL LAKE WORTH, FL 33467 RE: LOTS: 4 & 5 BLK: 25 PARCEL: 31537350010002500040 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 911 NW 11TH STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN GRASS The•corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure•to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition, a fifty dollar administrative fee may be charged if the violaion is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact our office at 863-467-1586. Sincerely, I I Bred Sterling Code Enforcement Officer (863) 467-1586 i SSG P. Third AvP.r1 w • nkeechnhee. Florida 34974-2932 • (863)467-1586 • Fax: (863) 763-4489 For dPh Ip1ro Orgiffe","#'-'6"144,7"ritfliregitar-PIN40,, • to i • Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) 0 Return Receipt (hardcopy) $ 0 Return Receipt (electronic) $ 0 Certified Mall Restricted Delivery $ 0 Adult Signature Required $ ['Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Sent o Postmark Here My, State, ZIP+45 4 '11) 41KNIONNANCOMMWONTROVPS maw CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 18-00036 THE CITY OF OKEECHOBEE, FLORIDA r • i CITY OF OKEECHOBEE Petitioner, -vs- CHARLES WADLINGTON Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Special Magistrate, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 911 NW 11TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010002500040 4. Respondent(s) name & address: CHARLES WADLINGTON; 4408 HUNTING TRAIL LAKE WORTH, FL 33467 5: Description of violation: PLEASE MOW OVERGROWN GRASS 6. Date by which violation is to be corrected: 12/03/2018 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 11th day of December, 2018, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Special Magistrate may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THIS aI&-day of NO Uei'n-(, 2018 CODE ENFORCEMENT 55 SE 3rd Avenue Okeechobee, Florida 34974 d Sterling Code Enforcement,/Officer (863) 467-1586 IM?ttle i,,eR!'* '""rRr4,`,'"'? ! YARitt.TM s' e £. <4, ROVA M v'' r Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) o Return Receipt (hardcopy) $ ❑ Return Receipt (olectronlc) $ ❑ Certified Mall Restricted Delivery $ [JAdultSignature Required $ ❑Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To ICOr(e9 Waif; Street and Apt. No., ork) box No Postmark Here jl if City, tate, z!P+a 10-av r... mw • • sr� y •gxaq...,�: ui.uvr w: t.a WWi^u: qri 379: ,` � �'i o a ,oa'000i� .,':?# ';•1 ae sR�V esefo1 tie _s L, 14P1tiT`v ‘44".. .1.:::. �X1�3FT '-S CITY OF OKEECHOBEE, FLORIDA CODE ENFORCEMENT CASE NO. 18-036 CITY OF OKEECHOBEE Petitioner Vs. Charles Waldington Respondent STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, appeared FRED STERLING, who is personally known to me, and being first duly sworn, states the following: 1. THAT I am the authorized code enforcement officer for the City of Okeechobee to investigate and process code enforcement violations. 2. THAT I observed a code violation at the following address: 911 NW 11`}' Street, Okeechobee, FL 34972 and provided the respondent a notice of violation by certified mail on November 21 , 2018. 3. THAT the procedures for notice to the alleged violator in Ch 162.12 have been followed, and after no receipt of the certified mail card 30 days from mailing, the notice of violation was posted at the address with the county property appraiser, and posted on the public information board located at City Hall, 55 SE 3rd Ave., Okeechobee, FL. 4. THAT the attached photograph is a true copy of the notice posted at the property address which indicates the date and place of it's posting. FURTHER AFFIANT SAYETH NOT. F STERLIN SWORN TO AND SUBSCRIBED this l!# -day of -6,yr'vt 2018 k4,tc auk - NOTARY PUBLI MY COMMISSION EXPIRES: eltY P�Bi, NANCY SUE CHRISTOPHER * Y F * MY COMMISSION # FF 967472 * EXPIRES: April 13, 2020 oBonded Thru Budget Notary Services .Artic)// �'� �;,r_� � �� z, �. � : �„ ,� �� *>= CODE ENFORCEMENT CASE PRESENTATION Case #18-048 RESPONDENT Marvin Brantley ROPERTY ADDRESS 1905 S Parrott Avenue, Okeechobee, FL 34972 1. My name is Fred Sterling and I have been duly sworn in prior to presenting evidence. .1—cultActr7 S A4153 2. That I am a certified code inspector for the City of Okeechobee, Florida. 3. The Respondent(s) is/ are Marvin Brantley is/ are ( ) are present or ( ) not present. 4. The Case number assigned above concerns the real property located at 1905 S. Parrott Ave located within the municipal boundaries of the City of Okeechobee, Florida. 5. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the record owner(s) of this property is/are: Marvin Brantley. City exhibit no 1. 6. This property is occupied by the (X) named owner(s), or by a ( ) tenant or is ( ) Vacant. This case is in conjunction with Final Judgment of Case 2004 -CA -309 paragraph 18. City exhibit no. 2. 8. On November 8, 2018, The City of Okeechobee delivered a Notice of Hearing to Marvin Brantley. 9. On December 27, 2018, I personally inspected the property. 10. At that time, I observed the following conditions: Items stored in front of the fence in violation of Court Order requiring everything to be behind fence located 50 feet back of the property line. 11. Photograph taken January 08, 2019. City exhibit no. 3. This concludes my presentation at this time. Okeechobee County Property Appraiser - Map Printed on 1/8/2019 9:51:50 AM Page 1 of 1 2 -28 -37 -35 -0A00 -00019-A000 BRANTLEY MARVIN W& BRANTI 2 484A Okeechobee County Property Appraiser Mickey L. Bandi, CFA - Okeechobee, Florida - 863-763-4422 UNPLATTED LANDS OF THE CITY BEG AT THE NE COR OF NE 1/4 OF SE 1/4 JF NE 1/4 RUN S 300 FT THENCE RUN W DIST OF 361 FT MORE OR LESS TO THE E BDRY OF PARROTT AVE THENCE RUN N ON THE E BDRY OF PARROTT AVE A DIST OF 300 FT THENCE RUN E 361 FT TO POB 28 37S 35E 2.50 ACRES Name: BRANTLEY MARVIN W & BRANTLEY M Site: 1905 S PARROTT AVE, OKEECHOBEE Mail: 1365 US HIGHWAY 441 SE OKEECHOBEE, FL 349747303 Sales Info LandVal $427,570.00 BldgVal $15,346.00 ApprVal $444,649.00 JustVal $444,649.00 Assd $444,649.00 Exmpt $0.00 Taxable $444,649.00 1 � I U 52 114 156 ft. This information, updated: 1/4/2019, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GISv1/Print_Map.asp?pjbojdcfejaj pldonlchggpkoempnj c... 01/08/2019 d. That the findings herein are made by clear and convincing evidence. e. That the relief following for this count is limited by the court as is reasonably necessary to abate the nuisance and grant relief to plaintiff, so as to not prevent the defendants lawful use of the real property that do comply with city codes. 17. THAT although current city codes prohibit the use of property within the city as a junkyard, the use by this defendant pre -dates the ordinance, and as such the real property of defendant is considered a permitted, but non -conforming use of such real property under city of Okeechobee codes, Therefore, such use is subject to valid city ordinances to control expansion, aesthetic purposes and public safety concerns at such property. 18. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions`.of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with 'permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, _toga height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50 )feet to the east of said sidewalk, and shall forthwith, within the time permitted by this order, remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall.be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes on the subject property, a minimum thirty (30') feet in width, running from the west to the east, commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac or turn-around area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. _g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exits on said real property. 19. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005. This time frame shall be of the essence and strictly construed. a _ � ryr o, WAO 2019/01/08 1027 CODE ENFORCEMENT CASE PRESENTATION Citation NO. 0116 RESPONDENT Zaben Omar Nafal ROPERTY ADDRESS 1002 NW Park Street, Okeechobee, FL 34972 1. My name is Fred Sterling and 1 have been duly sworn in prior to presenting evidence. oLrwLaryS,aofc 2. That I am a certified code inspector for the City of Okeechobee, Florida. 3. The Respondent(s) is/ are Zaben Omar Nafal is/ are c,,4are present or ( ) not present. 4. The Citation number assigned above concerns the real property located at 1002 NW Park Street located within the municipal boundaries of the City of Okeechobee, Florida. 5. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the record owner(s) of this property is/are: Zaben Omar Nafal. City exhibit no.1. 6. This property is occupied by the (X) named owner(s), or by a ( ) tenant or is ( ) Vacant. 7. On December 12, 2018 , I received complaint from The City Administrator with the attached photograph. exhibit no. 2. 8. On Decemberl7, 2018, I personally inspected the property. 9. At that time, I observed the following conditions: (a) Accumulation of Trash CH30 Sec. 30-32 (b) General Cleaning & Beautification CH30 Sec.30-44 10. The conditions existing on this date appeared to violate certain City codes or ordinances and based upon my investigation, I issued a Citation to the named Respondent(s) notifying them of the violations, with a request to have the property come into compliance with City Codes. I again inspected the property on December 18, 2018 and found the property in compliance of City Codes. I am requesting the property be found in violation of the City codes mentioned in section 9 from December 12/ to December 18, 2018 making the property owner a repeat violator. City exhibit no.3. This concludes my presentation at this time. Okeechobee County Property Appraiser - Map Printed on 1/7/2019 8:46:03 AM Page 1 of 1 FName: NAFAL ZABEN OMAR Site: 1002 - NW PARK ST, OKEECHOBEE Mail: 965 SE 23RD ST OKEECHOBEE, FL 349745393 Sales Info 3-16-37-35-0160-00280-0190 NAFAL ZABEN OMAR 0.992AC 1 3.9x2006 - $350,000 - VU DQT14> oRB464'p 1ao1 • $fl Okeechobee County Property Appraiser Mickey L. Bandl, CFA - Okeechobee, Florida - 863-763-4422 ARCEL: 3-16-37-35-0160-00280-0190 - CONV STORE (001126) NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25) LOTS 15, 16, 17, 18, 19 & 20 BLOCK 28 LandVal $219,416.00 BldgVal $119,715.00 ApprVal $358,258.00 JustVal $358,258.00 Assd $358,258.00 Exmpt $0.00 Taxable $358,258.00 I I I 48 % 144 f+.. This information, updated: 1/4/2019, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GISv1/Print Map.asp?pjbojdcfejaj pldonlchggpkoempnjc... 01/07/2019 T a Issued By Date Issued , 20 NOTICE OF RIGHTS / PROCEDURES The violation for which you are charged is a non -criminal infraction. Failure to sign and accept this infraction issued by a code enforcement officer is a misdemeanor of the second degree for which you may be assessed a fine of up to $500.00, plus court costs, and/or imprisonment for up to 60 days; signature below does not constitute an admission of guilt, only your receipt of the notice. It does constitute a promise to appear'at the office of the clerk of court, Okeechobee Judicial Center, 312 N.W. 3rd Avenue, Okeechobee, Florida. Within thirty (30) days to pay the fine, or to file a written request for a court hearing to contest the violation. Failure to respond to this violation by paying the penalty or requesting a hearing shall constitute an admission to the violation, and an order will be entered finding you guilty, and entering a default judgement against you for the amount of the fine, plus applicable court costs and fees. If you elect to contest the citation by notifying the clerk of court, you will be provided a court date to appear in county court for Okeechobee county, at the Judicial Center, 312 N.W. 3rd Street, room 3-D, at which time you would be expected to present any witnesses or evidence you may have. By electing to contest the citation, your right to pay the reduced fine in this citation will be waived, and if found in violation by the court, you will be subject for penalty up to the statutory maximum of $500 per day, (up to $5000/ day if the violation presents a serious threat to public health, safety or welfare and is irreparable or irreversible) for each day the violation continues, plus applicable court costs, costs of enforcement, and administration fees. If you elect to pay the reduced penalty within thirty days, you may pay the clerk by cash or money order, or by check with a photo identification. If by mail, do not mail cash, and mail within sufficient time to be processed by the clerk within the thirty (30) days. The mailing Address for payment is: Signature of Individual CLERK OF COURT OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, Florida 34972 Date 1 / 20 /r? COURTINFORMATION / DISPOSITION FINE PAID$ DATE HEARING HELD: GUILTY NOT GUILTY FINE ASSESSED: AMOUNT PAID: DATE JUDGEMENT BOOK BY: PAGE CITY OF OKEECHOBEE; FLORIDA. Code Enforcement 55 S.E. 3rd Avenue Okeechobee, Florida 34972 863357.1971 STATE OF FLORIDA, CITY OF OKEECHOBEE lin the name of the City of Okeechobee, Florida, the undersigned and duly appointed code enforcement officer, upon personal investigation and knowledge„.he ein certifiejjhat she has just andrso legrounds tob yg and does believe, that on the day of CODE ENFORCEMENT CITATION 0116 20 atthehourof am/pm. / Ai 0/7Il7k A/,qFAA, Telephone Number Address 6S- 6r)_341-7-- , (pleb -P=7:4— 2 Ft.3cip63 did unlawfully commit an offense atthe following location: /1 Z N /4 5k offense being described asC)a 4 ge. %%�f35i�,r11,‹ ou„ /JAL Di --,j i�K/ /J t-F/fl” %/C/ 77 In violation of City CodeProvision(s) ~'az e340— 51 Specific Facts Constimtiinng�V�o�lation: Q (,/ = Z Y(.tJ/ a l�"� Lily - ':` / i5Ji e» Pi -"--4/ / heuctC! 7-" L%/1.+za"- p This is or_isnot repeat violator if a repeat violator, the same person was found to have violated the same ordinance provision in case no. at the following location within the city of Okeechobee: The code inspector possesses the discretion to address this code violation by use of several options based upon the circumstances; in this instance the inspector has elected one of the following means of enforcement: WARNING NOTICE OF VIOLATION Violator is instructed to correct this violation within days of the date of issuance above, being the day of , 20 at the hour of: am/pm; No civil penalty is imposed at this time. The violation must be corrected by this date, or an additional citation imposin civil penalties will be issued. You must contact the code officer at (863) 3r7. 9 aria request re -inspection once the violation is corrected, or to ask for more time to correct the violation. ISSUANCE OF CITATION AND PENALTIES Civil Penalty $ You are being issued a civil penalty for the violation described above as a result of one of the following: You were previously provided a warning of citation with a time period in whic. t orrect the violation and to request re -inspection which you failed to do. This is the same violation by the same offender, regardless of whether it occurred at the same location as a prior violation, making you a repeat violator, and a warningrtot required. • This violation presents a serious threat to public health, safety or welfare, or is irreparable / irreversible and a warning is not required. . . Court Information: Time t 6 j Date �. 2. ®IlQ WHITE: Clerk CANARY Defendant PINK:Officer GOLD:Agency C.. Ff '-2P1 R(z Reorder with TAYLOR CREEK PRINTING 963363.7077