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2019-02-12CITY OF OKEECHOBEE CODE ENFORCEMENT FEBRUARY 12, 2019 SPECIAL MAGISTRATE HEARING SUMMARY OF ACTION I. CALL TO ORDER - Special Magistrate. February 12, 2019 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 January 8, 2019 Regular Meeting. V. AGENDA - Special Magistrate. PAGE 1 OF 3 Special Magistrate Roger Azcona called the February 12, 2019, 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 Absent Present (entered council chambers at 6:35) Present Present Special Magistrate Azcona dispensed with the reading and approved the Summary of Board Action for January 8, 2019, A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case 18-028, Yvette Banner, from today's agenda due to compliance. today's agenda. AGENDA` VI. PUBLIC HEARING ITEMS. A rlicnncifinn of ('oeoenroconforl h\! ('.nrio r)fflrPr gfPrIinrl' Case No. 17-012 Juan & Lydia Almodovar. 1804 NW 7" Avenue Request for lien reduction by property owner. Case No. 18-043 Gloria Rodriguez. 914 NW 2" Street International Property Maintenance Code Ch 3 Sec 304.1.1(8) International Property Maintenance Code Ch 3 Sec 304.7 FEBRUARY 12, 2019 - CODE ENFORCEMENT REGULAR MEETING - PAGE 2 OF 3 BOARD ACTION DISCUSSION -VOTE Thi-, hainn a ni to-,i-indir.ial nrnr.PPdinn an nath was administered to those offerina testimonv. all resoonded affirmatively. Officer Ste rlinq advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and supporting documents were all entered as part of the official record. Officer Sterling testified a fine of fifteen dollars per day started on September 17, 2017 for disabled vehicles that were not removed from property. He said the fine continued to accrue until April 30, 2018 resulting in a lien of $3,390.00 ($15 per day for 226 days). Property owner, Lydia Almodovar, addressed the magistrate stating she was under the impression the fine had continued to accrue even after her property was in compliance and she didn't feel she owed that much money. According to Mr. Sterling the fine was stopped on April 30, 2018 when he found the property to be in compliance. Magistrate Azcona explained to Ms. Almodovar although the property had come into compliance and the fine was stopped, there was still alien of $3,390.00 for the time the property was in violation. Ms. Almodovar said she had a very limited income of $400.00 per month from social security and could not afford to pay the lien. Magistrate Azcona asked Code Officer Sterling what the City's administrative cost were on this case. Officer Sterling replied between fifty to one hundred dollars. In conclusion, Magistrate Azcona stated he was taking into consideration this was the first time Ms. Almodovar had requested a reduction of a lien. However, if she is found in violation in the future he would not be as lenient. Special Magistrate Azcona granted a lien reduction on Case No. 17-012, Juan & Lydia Almodovar, 1804 NW 7th Avenue, in the amount of $100.00 to cover administrative cost, based on the testimony of Code Officer Sterling that the property was found in compliance as of April 30, 2018. Officer Sterling testified notice of violation/notice of hearing sent by certified mail was received by property owner. Officer Sterling stated he inspected the property in October 2018 and found the structure had roof damage and was unsafe. He added, as of today nothing has been done to bring the property into compliance. Mr. Raul Rodriguez addressed the magistrate stating he was Gloria Rodriguez's younger brother and presented a Power of Attorney to act on Ms. Rodriguez's behalf. He testified due to medical issues of both he and his sister he was unable to take care of the property. Mr. Rodriguez said he should be able to get a contract within a week to either repair the roof or demolish the building. Magistrate Azcona asked Chief Smith for his input on how long he thought it would take to get the work done. Chief Smith said he would recommend allowing thirty days for demolition or sixty days for roof repairs. Special Magistrate Azcona found Case No. 18-043, Gloria Rodriguez, 914 NW 2"d Street, in violation of International Property Maintenance Code Ch 3 Sec 304.1.1(8) Unsafe conditions and Ch 3 Sec 304.7 Roof damage, based on the testimony of Code Officer Sterling, Magistrate Azcona postponed any further action for thirty days to allow property owner time to get a contract to either repair the roof or demolish the structure. The matter is set for further review at the next regularly scheduled meeting on March 12, 2019 with no fine ` aing imposed at this time. FEBRUARY 12, 2019 -CODE ENFORCEMENT REGULAR MEETING - PAGE 3 OF 3 AGENDA 'BOARD:ACTION=- DISCUSSION -VOTE VII. ADJOURNMENT - SPECIAL MAGISTRATE. THERE BEING NO FURTHER DISCUSSION NOR ITEMS ON THE AGENDA, SPECIAL MAGISTRATE AZCONA / I ADJOURNED THE MEETING AT 7:02 P.M. Roge�Azcona, Speci�I`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. kliDEPENDENT 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, pat the attached copy of advertisement being a in the matter of \A`-- AS.A in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (9 Ma, ri 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 for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this 1 i -i tt day of ‘u✓tiCI-n)(q aK 1 Q' AD ) Notary Public, State of Florida at Large /i1 J Lake Okeechobee News 107 SW 17th Street,'Suite D Okeechobee, Florida 34974':.. 863-763'134 6% CITYOF PUBL� OWE ENFORQMENTSPETIALMAGISTRATE HEARING NOTICE IS HERi$Y GIVEN that the Qy a oteedntaee Cade Efface - mat Special Magistrate wi condi/ a pubic I.artg m TUes, Feb. 12, 2019,630PM, ores soon thaealleias at ay HAL SS SE3ndAye, Wn200,0dThe pubic lsMladardemaa9edtoattedIre agenda may beide, BE-763-9795.Tomci�fl a by mIng the (ode EnfatANY PERSON DEaDING TO APPEAL any dad5m made by the Spedal Magnate wth impend to any miter considered at this Waft wi need to esnrea erbattnrecord rift Incoming BnadeandIre reaadeddiesthe beltway and eMdane ppm Wada the appy wi be bald. In aaadance wth the Amerbro with l Ties Pd (w.r+1, any pawn with a dsaGIy as defined by to ACA, that needs medal aunn>alikal m patkipa a h this go=moxtaefthe Fre Depadr troLaterthantwoheirsdaysabr BE ADVISED flat should you teed f0 saw any dawned, pttuG video or bans tothe htagIstrate ins :cataopµsion to any con m Meagercp, acal* Wire, video, a Lem must bepordadtothe (ode 6fm wro■SevetayfortheOlytrerads. BE ADVISED THAT ONE OR MORE QTY OF OKEECHOBEE COUN- CIL MEMEERS MAY BE IN ATTENDANCE AT THIS kEETRNG. Tim NOTICE IS POSTED 112 MEET STATE PUBLIC NOTICE REQUIRE MENISAND SUNSHINE LAWS. By: Herb ON 19 CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING FEBRUARY 12, 2019 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Special Magistrate: February 12, 2019 Regular Meeting, 6:30 pm, City Hall, 55 SE 3`d Avenue, Okeechobee, FL II. PLEDGE OF ALLEGIANCE - Special Magistrate III. SPECIAL MAGISTRATE AND STAFF ATTENDANCE - Secretary. Special Magistrate Roger Azcona v/ Code Enforcement Attorney John Cook fa,' Qin I,ec wina C � l J = Frfi i Fire Chief/Code Enforcement Officer HerbSmith / Code Enforcement Officer Fred Sterling / Code Enforcement Secretary Sue Christopher V IV. MINUTES - Secretary. A. Dispense with reading and approve Summary of Board Action for January 8, 2019 Regular Meeting. V. AGENDA - Special Magistrate. A. Requests for the addition, deferral or withdrawal of items on today's agenda. �1� oeyn&vitu , Gryboto //07 PAGE 2 of 2 VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 17-012 Juan & Lydia Almodovar 1804 NW 7`h Avenue 18-028 Yvette Banner 913 NW 9th Street 18-043 Gloria Rodriguez 914 NW 2nd Street VII. ADJOURN MEETING - Special Magistrate Violation Request for release or reduction of lien by property owner Ch 30 Sec 30-44 General cleaning & beautification International Property Maintenance Code (IPMC) Ch 3 Sec 304.1.1(8) and Sec 304.7 /yl,Glk- Low/2c c5d /g wa 40t-1( c 6c ) f y k • i /cam , C4�e3 L- U- 4 ! r r t';i � " `� c lod ``- /,` 'tO vv 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. 'meet Cara( -coo e wieto /A' 0 ` Uw U� Dzf P/4C Chi;3 at2V3oyd,/4 cud (5,&c,aoy7 u, coriel 7; �� ),e/n E b:+ . t Fe brukary 1a, ,261q CITY OF OKEECHOBEE CODE ENFORCEMENT CASE PRESENTATION CASE NO: 18-043 RESPONDENT(S): Gloria Rodriguez ETAL PROPERTY ADDRESS: 914 NW 2nd Street 1. My name is Fred Sterling I am a certified code inspector for the City of Okeechobee, Florida and I have been duly sworn in prior to presenting evidence. 2. The Respondents(s) Gloria Rodriguez ETAL is/are ( ) present or ( ) not present. 3. The case number above concerns the real property located at 914 NW 2nd Street , located within the municipal boundaries of the City of Okeechobee, Florida. This property is occupied by ( ) named owner(s), () a tenant or (X ) is vacant. 4. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the owner(s) of record for this property is/are Gloria Rodriguez ETAL City exhibit no. 1 5. On 10/10/2018 , I personally inspected the property and observed the following conditions: a. IPMC 304-7 - Roof Damage b. IPMC 304-1.1 (8) — Unsafe Condition c. d. 6. Based upon my investigation, I issued a courtesy card/letter to the named Respondent(s) notifying them of the violation with a request to have the property come into compliance within 10 days. 7. On 10/23/2018 I again inspected the property and found it to still be in violation and I issued a Notice of Violation to the named Respondent(s) on 10/23/2018 . City exhibit no. 2 I took photographs of the property at the time of my inspection. City exhibit no. 3 8. Notice of Violation gave Respondent(s) 30 days to correct the following violations: a. IPMC 304-7 Roof Damage b. IPMC 304-1 Unsafe Condition c. Ch Sec for violation of d. Ch Sec for violation of 9. Notice of Violation was delivered to Respondent(s) by: ( X) Certified mail. City exhibit no. 4 ( ) Personal hand delivery. City exhibit no. ( ) Posting Notice of Violation on the subject property. City exhibit no. 10. On 01/17/2019 I reinspected the property and determined the Code violations were not completely corrected. A Notice of Hearing before the Code Enforcement Special Magistrate was issued on 01/18/2019 City exhibit no. 5 11. Notice of Hearing was delivered to Respondent(s) by: (X ) Certified mail. City exhibit no. 6 ( ) Personal hand delivery. City exhibit no. ( ) Posting Notice of Hearing on the subject property. City exhibit no. 12. Prior to a hearing before the Magistrate, I respected the property and determined that: ( ) The property had come into substantial compliance with cited Codes. (X ) The property remained in non-compliance. I took photographs of the property at the time of my reinspection. City exhibit no.7 13. I request in addition to my testimony, all exhibits, notices and photographs be admitted into evidence by the Magistrate. 14. Based upon testimony and evidence, I request the Magistrate take the following action: ( ) Grant a continuance to the Respondent(s) to provide additional time to comply. (X ) Issue a conclusion of law that Respondent(s) Gloria Rodriguez ETAL is/are in violation of the City Code of Ordinance sections cited in the Notice of Violation and they be required to come into substantial compliance within 20 days from receipt of proper notification. If the property is not in compliance by this date a fine of $ 50.00 be imposed commencing that date and continuing every day hereafter until Code Enforcement is notified that the property is in compliance. 15. This concludes my presentation at this time. Okeechobee County Property Appraiser - Map Printed on 2/12/2019 8:56:13 AM Page 1 of 1 3-15-37-35-0010-01320-0160 RODRIGUEZ GLORIA, ETAL. 0.258AC 111..1.1969 -$8,500 - Li] Okeechobee County Property Appraiser Mickey L. Bandi. CFA - Okeechobee. Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-01320-0160 - SINGLE FAM (000100) CITY OF OKEECHOBEE LOT 17 & E 1/2 OF LOT 16 BLOCK 132 Name: RODRIGUEZ GLORIA, ETAL. Site: 914 NW 2ND ST, OKEECHOBEE C/O NOE RODRIQUEZ Mail: 17324 NW 213TH DR HIGH SPRINGS, FL 326436403 Sales Info LandVal $6,750.00 BldgVal $8,708.00 ApprVal $17,169.00 JustVal $17,169.00 Assd $17,169.00 Exmpt $0.00 Taxable $15,898.00 53 146 159 ft This information, updated: 2/8/2019, 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/GISv 1 /Print_Map.asp?pjbojdcfej ajpldonlchggpkoempnj cdj... 2/12/2019 Cfty of Okeechobee Code Enforcement CODE ENFORCEMENT BOARD CASE # 18-00043 NOTICE OF VIOLATION 10/23/2018 GLORIA RODRIGUEZ 17324 NW 213TH DRIVE HIGH SPRINGS, FL 32643 RE: LOTS: 17 & E 1/2 OF 16 BLK: 132 PARCEL: 31537350010013200160 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 914 NW 2ND STREET, OKEECHOBEE, FL NATURE OF VIOLATION: IPMC Ch 3 Sec 304.1.1(8) and Sec 304.7 CORRECTIVE ACTION REQUIRED: ACCORDING TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE THIS STRUCTURE IS UNSAFE DUE TO ROOFING DEFECTS AND INADEQUATE DRAINAGE. PLEASE CONTACT THE CITY BUILDING DEPARTMENT AT (863) 763-3372, EXT. 9822 TO DISCUSS THIS MATTER. 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, Sterling Code Enforcement Officer (863) 467-1586 ,LETE THIS SECTION sa 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 mailpiece, or on the front if space permits. 1. Article Addressed to: GLORIA RODRIGUEZ c/o NOE RODRIGtTEZ 17324 NW 2131'r DRIVE HIGH SPRINGS, Er 32643-6403 111!1,11911°11911,1211111111811,1311111111111.11,111°111 COMPLETE THIS SECTION; ON DE1-IV,t=R r: A. Signature _ 1 X 1,, 6-67 C. • ❑ gent Address Date of Delive 0 D. Is delivery address differe t from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery Certified Mail® 0 Certified Mail Restricted Delivery 2. Article Number (Transfer from service label) 0 Collect on Delivery ❑ Collect on Delivery Restricted Delivery 7 016 2 710 0000 1725 0201 :stricted Delivery 55 S.E. Third Avenue • PS Form 3811, July 2015 PSN 7530-02-000-9053 0 Priority Mail Express@ 0 Registered Mar" 0 Registered Mail Restrict( Delivery 0 Return Receipt for Merchandise O Signature Confirmation*" 0 Signature Confirmation Restricted Delivery Domestic Return Racorr,t Cy' 'WA Yrjo 611.? • •fsm,•41,41P4,,or* , • "11 'di! 44 "474 7•01 *N9 .4%0 21 - .9,• • •...t%"4 - —"AI+ (9'•* ?4,,,,40 '41-41- •r, lir*%-,-4,40 4 4.,,* 4'41e4444 40'4. 4,410 • t4.00 _ 4,4 1p411-411,416.1.446.16 ;T11:: , 4,4,4; .40';"Pilk.4-11.•IP-4-•-•,.. .4, 4 ,r4 - • • , • = • "!1, %. 4 • f ,Igr4.4 11,1. ..tirt 10.:**01+,1 .i.s.****1 0:0 "4 rt. tittly $ , • - • ... #. ..e0.,:e:,'" ...,„4..„4.. -4:-..,4, -1‘1.41, ili-4.4 _ ' = - - .,,,i. - .44. ep- 4 4,•• 46 CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 18-00043 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- GLORIA RODRIGUEZ 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: IPMC Ch 3 Sec 304.1.1(8) and Sec 304.7 2. Location of Violation: 914 NW 2ND STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010013200160 4. Respondent(s) name & address: GLORIA RODRIGUEZ; 17324 NW 213TH DRIVE HIGH SPRINGS, FL 32643 5. Description of violation: ACCORDING TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE THIS STRUCTURE IS UNSAFE DUE TO ROOFING DEFECTS AND INADEQUATE DRAINAGE. PLEASE CONTACT THE CITY BUILDING DEPARTMENT AT (863) 763-3372, EXT. 9822 TO DISCUSS THIS MATTER. 6. Date by which violation is to be corrected: 2/01/2019 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 12th day of February, 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 $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the Magistrate will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cau e this case to be dismissed. DATED THIS le -day of f r (Ja(C) , 2019 CODE ENFORCEMENT Prfd Ste ing 55 SE 3rd Avenue Code Enforcement 0 Okeechobee, Florida 34974 (863) 467-1586 SENDER. COMPLETE. THIS SECTION e Complete items 1;2, and 3. ■ Print your name and address on the reverse so that we canMum the card to you. o Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: `COMPLETE;.Till$:SECTIONON DELIVERY A. Sig X ture v fc1'Agant 0 Addressee B. Rceided by (Printed Name) ;47 e5rw6Z, . Date of D Livery GLORIA RODRIGUEZ c/o NOE RODRIGUEZ 17324 NW 213' DRIVE HIGH SPRINGS, FL 32643-6403 iii 111 111 111111111111 iuuiiu IIIIIIII 9590 9402 4228 8121 3270 20 D. Is delivery address different from item 1 If YES, enter delivery address below: 0 ell 0 No 3. Service Type ❑ Adult Signature ❑,Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery ❑ Collect on Delivery —2 Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery 7016 2710 0000 1725 0324 PS Form 3811, July 2015 PSN 7530-02-000-9053 lstrlcted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt a._.- ... � n,t� s '� ;"'i � � t"w �' j e a d. � 4. �.� � g m �'�� ��� �,�� . DURABLE POWER OF ATTORENEY FOR FINANCES AND MEDICAIL ISSUSES 1, Gloria Rodriguez, am of sound mind, and I voluntarily make this designation. I revoke any financial and medical powers of attorney I have signed in the past. APPOINMENT OF AGENT I designate Raul Rodriguez, my brother, living at 914 NW 2nd Street, Okeechobee, FL 34972, to act for me as my agent, with the powers set forth in this document. I have discussed with the individual, I have designated. EFFECTIVE DATE (You must choose one paragraph by writing your initials on the line) My agent has the powers set forth in this document immediately upon my signing it. These powers shall not be affected by any mental or physical disability I may have in the future. My agent shall only have the powers set forth in this document when it is determined I am unable to manage my property, .financial affairs and medical issues effectively. That determination shall be made by my physician, who shall put it in writing. POWERS. My agent shall exercise powers in, my best interests and for my welfare, as a fiduciary. My agent shall have the following powers: 1. Banking- To receive funds, deposit funds in any financial institution, and make withdraws by check or otherwise to pay for goods, services, and any other personal and business expenses for my benefit. To effect her or his powers, my agent has power to sign a power of attorney drafted by institution, and shall have access to my safe deposit box. 2. Government Benefits- To apply for and receive any government benefits for which I may be eligible or become eligible, including but not limited to, Social Security, Medicare and Medicaid. 3. Investments -To invest and reinvest my funds, and to withdraw funds to the extent needed to pay for my needs. 4. Retirement Plan- To contribute to, select payment option of, roll-over, and receive benefits of retirement plan or IRA, except my agent shall not have power to change the beneficiary of any plan or IRA. 5. Taxes- To complete and sign any local, state and federal tax returns, pay any taxes and assessments due and receive credits and refunds to sign any IRS documents necessary to effectuate these powers. 6. Insurance- To purchase, pay premiums and make claims on life, health, automobile and home owners' insurance, except my agent shall not have power to cash in or change the beneficiary of any life insurance policy., 7. Real Estate -To purchase, sell, lease, repair, improve, mortgage, and make mortgage and utility payments upon real property. 8. Personal Property- To hold personal property for safe keeping, and to buy and sell personal property, including motor vehicles. 9. Legal Advice And Proceedings- To obtain and pay for legal advice, to initiate or defend legal and administrative proceedings on my behalf, including actions against third parties who refuse without cause to honor this document. 10. Estates Plan- My agent has no authority to make or amend a will on my behalf, and has no power to make gifts on my behalf except to my spouse. My agent has access to my will; in exercising powers, my agent shall take into account my estate plan as known to the agent. 11. Medical Decisions- My agent shall have the power tomake any and all decision concerning my medical care, including life and death decisions. SPECIAL INSTSTRUCATIONS On the following lines are any special instructions limiting or extending the powers I give to my agent. OTHER PROVISIONS No persons in Florida or in any other state who relies upon representations of my agent under this durable power of attorney shall be liable to me or my estate without actual knowledge my agent did not have power to act. My agent shall not incur any liabilityto me under this power except for breach of fiduciary duty. My agent is entitled to reimbursement for reasonable expenses incurred in exercising powers, and to reasonable compensation for services as agent. i can amend or revoke this power of attorney through a writing delivered to my agent. Revocation is not effective as to a third party until the third party learns of it. Photocopies of this document can be relied upon as though they were originals. SIGNATURE OF PRINCIPAL 1 sign this document voluntarily, and I understand its purpose. Date: IP, ( O c(I 201 i Signature: Address: l .1 -ret_ �‘Ce.CC- 3c(R `1 a STATEMENT AND SIGNATURE OF WITNESS We sign below as witness. This declaration was in our presence. The declarant appears to be of sound mind, and to be making this designation voluntarily, without duress, fraud or undue influence. Neither of us is an agent named in this document. Print name ?-0 U0 Address R L., Print name �fZ Witness Signature L 1 NGr+h C%P !' LIC ness Signature SIGNATURE OF NOTARY Sw rn to and signed by c --3l o ri oc� r f O U e.z. this Ll day of December 2017, Notary Public 6 ` O3/ -2bl Commission Expires: Notary Public State of Florida Terressa K Rubio My Commission..FF 097919 Expires 03/03/2018