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2004-02-10395 AGENDA A. CALL MEETING TO ORDER B. PLEDGE OF ALLEGIANCE. C. BOARD MEMBERS ATTENDANCE: Chairperson Mack Worley, Jr. Vice -Chairperson Jamie Gamiotea Member Frank Irby Member Marsha Montesi Member Andrea Nelson Member Rennae Sweda Member Liz Weisser Alternate Bea Castorina STAFF ATTENDANCE: Attorney John Cook Code Enforcement Officer Keith Tomey Code Enforcement Officer Sammy Hancock Code Enforcement Officer Herb Smith Secretary Sue Christopher CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD FEBRUARY 109 2004 SUMMARY CODE BOARD ACTION February 10, 2004 Code Enforcement Board meeting was called to order at 7:02 p.m. by Chairperson Worley Chairperson Worley led the Pledge of Allegiance. Present Present Present Present Present Present Present Present Present Present Present Absent with consent Present D. Motion to dispense with the reading and approve Summary Member Gamiotea moved to dispense with reading and approve Summary of Board Action of Board Actions for: December 9, 2003. seconded by Member Montesi. Worley - Yes Gamiotea - Yes Irby - Yes Montesi - Yes Nelson - Yes Sweda - Yes Weisser - Yes Motion Carried L, February 10. 2004 - CEB 2 of 396 LI AGENDA III CODE BOARD ACTION II REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL There were no requests for the addition, deferral or withdrawal of items on today's agenda. OF ITEMS ON TODAY' S AGENDA. Chairperson Worley read a letter from Suzette Quarles which stated the following: Please be advised that I have 03-045 Suzette Quarles Chp 30 Sec 30-43 Public been involved in a funeral of my niece, age 44 who died January 22, 2004 and to whom we buried on January 1109 NW 80' Avenue nuisances 30, 2004. This has been a very trying time for me, inasmuch as there are two young children involved. She died of cancer. I did not receive the certified letters from you until February 2, 2004. I have contacted the airlines to obtain an airline flight for March 4, 2004 to come to Florida, so that I can get this matter completed. I respectfully request that an adjournment of the above matter which is returnable February 10, 2004, be adjourned inasmuch as I am making every effort to be in Okeechobee on March 4, 2004. As you can readily understand that if you do not come down there personally, nothing gets done, and more especially if you leave it to other persons to take care of the situation for you. They take your money and absolutely nothing is done for it. I will be in Florida on or about March 4, 2004. I will call to advise my confirming flight. In the meantime, I would greatly appreciate an adjournment of the above matter. Very truly yours, Suzette Quarles. Chairperson Worley advised the board since the ninety day waiting period on Case #03-045 would end February 13, 2004 it would not be necessary to take any action on this case until the next regular meeting on March 9, 2004. 03-096 Betty & Raleigh Parsons Chp 30 Sec 30-44 General Code Officer Hancock said he had spoken with Mr. Parsons who intends to sell his property. Due to illness in his 806 NW 12'h Street cleaning and beautification family he has been unable to take care of it. Chairperson Worley advised the board that the ninety day waiting period on Case #03-096 would also end on February 13, 2004 and would not require any action at this time. 04-014 Marvin W. Brantley Chp 30 Sec 30-38 Boats Code Officer Hancock stated that a request had been made by the property owners to have the three boats removed. 04-015 1811 S. Parrott Avenue docked in Taylor Creek without Although Mr. Brantley had been contacted twice since October 2003 about removing the boats and nothing had 04-016 consent of landowner been done. Mr. Brantley addressed the board saying he was waiting to get trailers to remove all the boats at the 92me time. Cylenda FuhArider, letter had Code in property owner, read a she written to the Board September 2003 which stated the following: I have made several requests to Mr. Brantley to remove the boats parked in Taylor Creek behind my property located at 116 SE 8' Avenue with no response from him. Although the creek is a navigable waterway considered public property and technically the boats are not on my property, if there is any help you can give me in solving this problem I would be grateful. Mrs. Fulwider said she believes the boats are hindering her from selling her property and she needs to have them removed. After some discussion Member Sweda moved to find Case #04-014, #04-015 and #04-016 in violation of Sec 3 0-3 8 and given thirty days from the date of the citation on January 28, 2004 to come into come compliance. If they are not in compliance by February 28, 2004 a $50.00 per day fine would commence on each individual case; seconded by Member Nelson. Worley - Yes Irby - Yes Nelson - Yes Weisser - Yes Gamiotea - Yes Montesi - Yes Sweda - Yes Motion Carried. 397 February 10. 2004 - CEB Regular Meeting - Page 3 of 4 AGENDA 04-017 Marvin W. Brantley Chp 30 Sec 30-40 Unobstructed 1811 S, Parrott Avenue emergency vehicle access lanes 04-018 Marvin W. Brantley Chp 30 Sec 30-43 Public 1811 S. Parrott Avenue nuisances - excessive growth of of vegetation 04-019 Marvin W. Brantley Chp 30 Sec 30-40(1) Junk shall 1811 S. Parrott Avenue be obscured by an onaaue fence 04-020 Marvin W. Brantley Chp 30 Sec 30-40(1) Junk - 1811 S. Parrott Avenue Set back requirements CODE BOARD ACTION Code Officer Hancock gave testimony that Mr. Brantley's property did not have thirty feet fire lanes for every one hundred feet of the property. Mr. Brantley addressed the board stating there were two lanes that were ten to twelve feet wide, Chief Tomey gave testimony that this was a safety issue. Member Irby moved to find Case 404-017 in violation of Sec 30-40(2) and impose a $25.00 per day fine commencing on February 11, 2004; seconded by Member Weisser. Worley - Yes Nelson - Yes Gamiotea - Yes Sweda - Yes Irby - Yes Weisser - Yes Montesi - Yes Motion Carried. Code Officer Hancock stated Mr. Brantley's property was overgrown and not being properly maintained to a height not to exceed eight inches. Mr. Brantley addressed the board stating he normally sprays weed killer, but finds it hard to keep up with it. Member Gamiotea moved to find Case #04-018 in violation of Sec 30-43 and impose a $25.00 per day fine commencing thirty days after receipt of notification; seconded by Member Nelson. Worley - Yes Nelson - Yes Gamiotea - Yes Sweda - Yes Irby Yes Weisser - Yes Montesi - No Motion Carried. Code Officer Hancock gave testimony the fence on Mr. Brantley's property did not comply with Sec 30-40 (1). Mr. Brantley stated he had attempted to comply i_y by putting up taros on his existing fence. Chairperson Worley said according to Sec 30-40(1) this was not acceptable, that the fence must be eight feet high and unable to be seen through. Member Sweda moved to find Case #04-019 in violation of Sec 30-40(1) and impose a $25.00 per day fine commencing thirty days after receipt of notification; seconded by Member Irby. Worley - Yes Nelson - Yes Gamiotea - Yes Sweda - Yes Irby - Yes Weisser - Yes Montesi - Yes Motion Carried Code Officer Hancock gave testimony that Mr. Brantley did not have set backs of fifty feet from the front property line, twenty feet from each side and twenty feet from the rear section of the property that is within the City limits. February 10, 2004 - CEB 4 of 4 398 j AGENDA ADJOURNMENT - CHAIRPERSON WORLEY. PLEASE TAKE NOTICE AND BE ADVISED that if 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. Tapes are for the sole purpose of backup for official records of the department. ATTEST: Sue Christopher, Secretary Mack Worley, Jr., CODE BOARD ACTION Mr. Brantley stated that if he complied with the set backs and other ordinances there would be no way he could stay in business. Chairperson Worley assured Mr. Brantley that the ordinances were written to create a community with a more pleasant appearance not to put anyone out of business. Member Irby moved to find Case #04-020 in violation of Sec 30-40(1) and impose a fine of $25.00 per day commencing sixty days after receipt of notification; seconded by Member Gamiotea. Worley - Yes Nelson - Yes Gamiotea - No Sweda - No Irby - Yes Weisser - Yes Montesi - No Motion Carried Joey Hoover addressed the board on behalf Economic Council stating their support for the efforts of the City and County Code Enforcement Boards. Attorney Cook gave a status report on the Evelyn Dasher property stating he could begin foreclosure proceedings within the next couple of weeks. There being no further items on the agenda, Chairperson Worley adjourned the February 10, 2004 meeting at 8:40 p.m. The next regular Code Board Meeting is scheduled for Tuesday, March 9, 2004.