2006-10-10AGENDA
A. CALL MEETING TO ORDER
B. PLEDGE OF ALLEGIANCE.
C. BOARD MEMBERS ATTENDANCE:
Chairperson Mack Worley
Vice -Chairperson Jamie Gamiotea
Member Bea Castorina
Member Frank Irby
Member Marsha Montesi
Member Andrea Nelson
Member Rennae Sweda
Alternate Penny Revels
Alternate Heather Hancock
STAFF ATTENDANCE:
Attorney John Cook
Code Enforcement Officer Fred Sterling
Code Enforcement Officer Herb Smith
Secretary Sue Christopher
D. Motion to dispense with the reading and approve Summary of Board
Actions for: September 12, 2006.
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
OCTOBER 10, 2006 SUMMARY
CODE BOARD ACTION
I of 5
October 10, 2006 Code Enforcement Board meeting was called to order at 7:03 P.M. by Chairperson Worley.
Present
Present
Present
Present
Absent with consent (Heather Hancock filled the seat for Member Montesi)
Absent with consent (Penny Revels filled the seat for Member Nelson)
Present
Present
Present
Absent
Present
Present
Present
Member Gamiotea moved to dispense with reading and approve Summary of Board Actions for September 12,
2006; seconded by Member Castorina.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
October 10, 2006 - CEB Regular Meeting - Page 2 of 5
AGENDA
REQUEST FOR THE ADDMON, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY' S AGENDA.
#05-321 Roy McDonald
NW 10P St & I& Ave.
#06-126 Suzette B. Quarles
1109 NW 8 h Avenue
Ch 30 Sec 30-43 Public
nuisances
Ch 30 Sec 30-44 General
cleaning & beautification
CODE BOARD ACTION
Code Officer Sterling requested the withdrawal of Case #06-187 Griffin & Daniel LLC and Case #06-040
Geraldine Bertram.
Code Officer Sterling gave testimony stating Mr. McDonald had been in his office today to let him know that the
plans had been approved by the building inspector. However he was waiting for the engineers statement in
order for the permit to be issued to begin construction on the building in January 2007. Member Sweda moved
to find Case #05-321 in violation of Ch 30 Sec 30-43 and table until the next meeting; no second was made.
Motion Failed. Member Irby moved to find Case #05-321 in violation of Ch 30 Sec 30-43 Public nuisances and
defer further action until the regularly scheduled meeting in January 2007; seconded by Member Castorina.
Worley -Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
Code Officer Sterling stated Ms. Quarles had been in contact with him the end of July saying she would have
the property cleaned in a few weeks. Since that time nothing has been done to bring the property into compliance.
Member Sweda moved to find Case #06-126 a repeat violator in violation of Ch 30 Sec 30-44 General cleaning
and beautification imposing a fine of twenty-five dollars per day beginning upon receipt of notification; seconded
by Member Revels.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock - No
Motion Carried
October 10, 2006 - CEB
3 of 5
1
#06-145
#06-181
AGENDA
Robert Widner
1700 SW 2nd Avenue
James Dunson
1813 NW 7'h Avenue
Ch 30 Sec 30-44 General
cleaning & beautification
Ch 30 Sec 30-41 Disabled
vehicle and Sec 30-44 General
cleaning & beautification
CODE BOARD ACTION
Code Officer Sterling gave testimony of speaking to Mr. Widner and informing him what needed to be done to
bring the property into compliance. At the time of the original violation he had a trailer with no tag and debri in
yard. Mr. Sterling said he was told by Mr. Widner's sister the trailer had been registered. However there were
now disabled vehicles which needed to be removed. There was discussion among the board as to whether Mr.
Widner could be considered in violation for the vehicles since they were not there at the time of the original
violation. Also Member Revels suggested the Code Officers ask Attorney Cook if a statement could be included
in the notice of violation requiring owner to provide proof of registration. Member Hancock moved to find Case
#06-145 in violation of Ch 30 Sec 30-44 General cleaning imposing a fine of one hundred dollars per day beginning
upon receipt of notification; seconded by Member Revels. Member Sweda felt the amount of fine should be lower
since this was the first time Mr. Widner had been before the board . After further discussion among the board
Member Hancock amended her motion to fifty dollars per day.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby -Yes
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
Code Officer Sterling testified Mr. Dunson had received certified notices for disabled vehicles and general cleaning
of debris. However no effort was made to contact the code officer or to bring the property into compliance.
Member Sweda moved to find Case #06-181 in violation of Ch 30 Sec 30-44 General cleaning imposing a fine of
fifty dollars per day beginning upon receipt of notification; seconded by Member Hancock
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
501
AGENDA
Geraldine Bertram addressed
the board in reference to Case
#06-040 at 904 SW 6'h Avenue.
Discussion of fine reduction
procedures
October I O, 2006 - CEB Regular Meeting - Page 4 of 5
CODE BOARD ACTION
Ms. Bertram testified the property at 904 SW 6 h Avenue had been her parents home and her father had operated
a business at this location. Since both her parents had been ill she had been unable to clean the property. She
requested the Code Board consider reducing her fine. Code Officer Sterling stated the property had come into
compliance as of October 4, 2007 and the fifty dollar per day fine had stopped at the amount of six thousand six
hundred and seventy-five dollars ($6,675.00). He also told the Board Ms. Bertram had cleaned up other properties
she owns. Member Hancock asked Chairperson Worley if the Code Board could reduce the fine or if it would
need to be recommended to City Council for approval. Chairperson Worley referred to a memo from Attorney
Cook specifically paragraph #4 which he read as follows: " In the past, I have informed the board that only the city
council can act to reduce an accrued fine and lien; this was from an opinion from the office of the attorney general,
whose opinions are informational but not necessarily binding. I note that many municipalities now direct that
their code boards can in fact act to reduce fines for good cause, and I believe that you may proceed in this manner
as well, if you wish." After some discussion among the board regarding additional cost that may need to be
considered, Member Gamiotea moved to table the request for fine reduction on Case #06-040 until the next
regularly scheduled meeting where legal council is present; seconded by Member Revels.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - No
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
Member Revels requested the Code Officers meet with Attorney Cook to advise them if a specific date could be
included in the motion for the reduction of a fine and if not paid by that date would go back to the full amount of
lien. She also asked the Code Officers to get information from Attorney Cook on how to determine additional cost
to the City which would be beneficial in calculating a fair dollar amount in the reduction of fines.
Chairperson Worley encouraged board members to give some thought as to whether they felt the Code
Board should reduce fines or if it should be recommended to City Council for approval.
502
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 a is to be based.
Tapes are for the sole purpose of backup for official records of the en
:! )* 424
Mack Worley, Chairpe&n
AT ST: ,
L
Sue Christopher, Se&etary
October 10, 2006 - CEB
CODE BOARD ACTION
5 of 5
There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:20 p.m. The next
regular Code Board Meeting is scheduled for Tuesday, November 14, 2006.
AFFIDAVIT OF PUBLISHER
OKEECHOBEE TIMES
106 S.E. Sth St., Okeechobee, FL 34974
(863) 763-7283
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEE:
Before the undersigned authority personally appeared James A.
Hughes, Jr., who on oath says that he is publisher of the Okeechobee
Times, a newspaper published weekly at Okeechobee in Okeechobee,
Florida:
that the attached copy of advertisement,
being a City Code Enforcement Board Meetina Notice PO #13317
in the matter of City of Okeechobee
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974-2932
In the Court,
was published in said newspaper in the issues of 10/10/2006
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he 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.
James Al. Hughes, Jr., (Publisher)
Sworn to and subscribed before me
this day of��dJi
A.D. 2006
(SEAL)
Notary Public
O�PpY PVB`i Rosealee A. Brennan
Commission #DD318483
Expires: Jun 25, 2008
Bonded Thru
Atlantic Bonding Co., Inc.
CITY CODE ENFORCEMENT
BOARD MEETING
NOTICE IS HEREBY GIVEN that the City
of Okeechobee Code Enforcement Board
Meeting will be on 1Lesday, October 10, 2006,
7:00 p.m. City Hall, 55 SE 3rd Ave, Rm 200,
Okeechobee, Florida. The public is invited and
encouraged to attend. For a copy of the agenda
contact Sue Christopher at the City Fire
Department 763-4423.
PLEASE TAKE NOTICE AND BE
ADVISED that if any person desires to appeal
any decision made by the Code Enforcement
Board with respect to any matter considered at
this meeting, such interested person will need a
record of the proceedings, and for such purpose
may need to ensure a verbatim record of the
proceedings is made, which record includes the
testimony and evidence upon which the appeal
is to be based.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing special
accommodation to participate in this proceeding
should contact Sue Christopher no later than
two (2) working days prior to the proceeding
at 863-763-4423; if you are hearing or voice
impaired, call TDD 1-800-222-3448 (voice) or
1-888-447-5620 (TTY).
by: Mack Worley, Ir.,
CODE BOARD CHAIRPERSON
Lane Gamiotea, CMC, City Clerk
Publish: 10/052006
Okeechobee Times