2007-01-09503
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
JANUARY 9, 2007 SUMMARY
AGENDA
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: October 10, 2006.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
1 of 4
CODE BOARD ACTION
January 9, 2007 Code Enforcement Board meeting was called to order at 7:02 p.m. by Chairperson Worley.
Present
Present
Present
Absent with consent (Heather Hancock filled the seat for Member Irby)
Present
Absent with consent
Absent with consent
Absent with consent
Present
Present
Present
Present
Present
Member Castorina moved to dispense with reading and approve Summary of Board Actions for October 10, 2006;
seconded by Member Gamiotea.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - Yes
Motion Carried
There were no requests for the addition, deferral or withdrawal of items on today's agenda.
January 9, 2007 - CEB Regular Meeting - Page 2 of 4
504
1
#04-173
#05-217
#06-008
#06-040
AGENDA
Geraldine Bertram
517 NW 15a` Street
Geraldine Bertram
902 NW 106' Street
Geraldine Bertram
1208 S Parrott Avenue
Geraldine Bertram
904 SW Oh Avenue
Request for fine reduction.
Request for fine reduction
Request for fine reduction
Request for fine reduction
CODE BOARD ACTION
Geraldine Bertram addressed the board stating this property had been sold and the amount of the lien was put in
escrow. Member Montesi moved to reduce lien on Case #04-173to nine hundred seventy-five dollars ($975.00)
plus a twenty-five dollar administration fee with the stipulation that the fine is paid within thirty days or lien will
remain at the original amount of four thousand six hundred dollars ($4,600.00); seconded by Member Castorina.
Worley - No Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - Yes
Motion Carried
Geraldine Bertram addressed the board stating the reason she did not have the proper garbage containers was due
to Waste Management not having them available. Code Officer Sterling verified this information was correct.
Member Montesi moved to reduce lien to one hundred dollars plus twenty-five dollar administration fee to be paid
within thirty days; no second. Motion failed. Member Hancock moved to reduce the lien to five -hundred dollars
to be paid within thirty days; seconded by Member Castorina. After some discussion Member Castorina withdrew
the second. Motion failed. There was further discussion as to whether Ms. Bertram had done everything possible
to obtain garbage containers. Member Montesi moved to repeal the fine on Case #05-217 due to extenuating
circumstances; seconded by Member Castorina.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - Yes
Motion Carried
Geraldine Bertram addressed the board stating when this fine was initiated her father had refused to pay the bill
with Waste Management so the dumpster was removed. Once she took over she paid the bill and Waste
Management brought a dumpster. At that time the property was found in compliance and the fine was stopped.
Member Gamiotea moved to reduce the lien in Case #06-008 to one thousand dollars ($1,000.00) to be paid
within forty-five days or fine would remain at the original amount of sixty seven thousand seven hundred and
seventy five dollars ($67,775.00); seconded by Member Montesi.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - No
Motion Carried
Geraldine Bertram addressed the board stating this property was her father's residence and because of his health
he had been unable to clean it up. When she took control of the property she had it in compliance in three weeks.
Member Castorina moved to reduce the lien on Case #06-040 to five hundred dollars plus twenty-five dollar
505
AGENDA
#06-040 Geraldine Bertram Request for fine reduction
904 SW 6fl` Avenue (continued from page 2)
#05-321 Roy McDonald Ch 30 Sec 30-43 Public
NW 10`" ST & 10t' Ave nuisance (tabled from October)
#06-212 Young Investments Inc. Ch 30 Sec 30-44 General
1006 SE 10'h Street cleaning and beautification
#06-224 Merida Watterson Ch 30 Sec 30-41 Disabled
201 NW 9 h Avenue vehicle & Sec 30-44 General
cleaning
January 9, 2007 - CEB Regular Meeting - Page 3 of 4
CODE BOARD ACTION
administration fee to be paid within thirty days or lien would remain at the original amount of six thousand six
hundred seventy five dollars ($6,675.00); seconded by Member Montesi.
Worley - No Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - No
Motion Carried.
Code Officer Sterling gave testimony that Mr. McDonald had been in contact with him and sent a letter stating he
should have his building permits within fifteen days. Chairperson Worley read the letter from Mr. McDonald as
follows " Sir in response to our telephone conversation on January 2, 2007. I have secured Mr. White as electrical
contractor and Mr. Grant and his team for construction. I also intend to use a local plumber to rehab the plumbing.
I've applied for a construction loan which is being processed and my work permit will be submitted on the 15'h of
this month. Hoping this will serve as my intentions to complete this unfinished building." Member Gamiotea
moved to table Case #05-321 until the next regularly scheduled meeting; seconded by Member Castorina.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - Yes
Motion Carried
Code Officer Sterling gave testimony the certified letters had been returned although according to the tax
collectors office the mailing address was correct and the taxes had been paid. Code Officer Sterling stated the
notice of violation and notice of hearing had been properly posted on the property but at this time nothing had been
done to bring the property into compliance. Member Gamiotea moved in Case #06-212 to impose a twenty-five
dollar per day fine beginning seven days after notification has been properly posted; seconded by Member Montesi.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock -Yes
Motion Carried.
Code Officer Sterling testified he had posted notice of violation and notice of hearing on the property. However
no one contacted him until two days ago when he spoke with Mr. Lightsey, the owner's nephew. He stated he was
in the process of cleaning up the property and removing the disabled vehicles. Code Officer Sterling verified the
vehicles had been removed and cleaning was being done. Member Montesi moved in Case #06-224 to allow fifteen
days from January 9, 2007 to come into compliance after that time a twenty-five dollar per day fine would
commence; seconded by Member Gamiotea.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - Yes
Motion Carried
9, 2001 - (;EB Regular Meeting - Page 4 of 4 506
11 AGENDA 11 CODE BOARD ACTION II
Review of cases with unpaid
fines.
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 i to be based.
Tapes are for the sole purpose of backup for official records of the depaent.
Mack Worley, Cyrperson
AT ST:
m��L-l�s`t'_
Sue Christopher, Secretary
Attorney Cook advised the Board to consider taking action on Case #06-172 John & Susan Hanner since nothing
had been done to bring the property into compliance or pay the fines. Member Gamiotea moved in Case #06-172
to recommend City Council proceed with foreclosure; seconded by Member Montesi.
Worley - Yes Gamiotea - Yes Castorina - Yes Montesi - Yes Hancock - Yes
Motion Carried.
Attorney Cook also stated a hearing date was set for January 2961, 2007 for Marvin Brantley
Code Officer Sterling informed the Board on Case #04-025 Gloria & Mary Brown and #04-026 Joe & Johnny
Brown the property owner had contacted him stating he would be in Okeechobee this weekend to contract with
someone to clean the property.
Member Hancock requested Code Officer Sterling provide background information to the board on prior cases
that come back before the board.
There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:01p.m. The next
regular Code Board Meeting is scheduled for Tuesday, February 13, 2007.
AFFIDAVIT OF PUBLISHER
OKEECHOBEE TIMES
106 S.E. 5th St., Okeechobee, FL 34974
(863) 763-7583
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 Meeting Notice PO #13335
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 newspaperin the issues of 01/04/2007
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 a:� 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 A.`+iughes, Jr., (Publi.iher)
Sworn to and subscribed before me
this -day of
�7
A.D. 2006
(SEAL) ' Notary Public Roseajee A. Brennan
Commission #DD318483
1. Q= Expires: Jun 25, 2008
Bonded Thru
; `°° Atlantic Bonding Co., Inc.
Crft CODE ENMORCEMENTBOARD
MEETING
NOTICE IS HEREBY GIVEN that the
City of Okeechobee Code Enforcame"t Board
Meeting on TbeWay, Jamary f, 2W7, 7:00
p.m. City Han, 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, lc,
CODE BOARD CHAIRPERSON
Lane Gamiotea, CMC, City
Publish: 01/04120M
Okeechobee Times
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 Meeting Cancellation Notice PO #013331
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 12/07/2006
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 A. H dghes, Jr., (Publisher)
Sworn to and subscribed before me
rI
IIt's
this i 1k day of
A.D. 2006
(SEAL) Notary Public
Rosealee A. Brennan
,a� " e-.-.6 Commission #DD318483
.). Expires: Jun 25, 2008
e Bonded Th-
°k S: id,—,ic Bonding Co., Inc.
CITY CODE ENFORCEMENT BOARD
MEETING CANCELLATION NOTICE
NOTICE IS HEREBY GIVEN that the
City of Okeechobee Code Enforcement Board
Meeting on Tuesday, December 12, 2006, 7:00
p.m. City Hall, 55 SE 3rd Ave, Rm 200,
Okeechobee, Florida, has been cancelled. The
next regularly scheduled meeting will be January
9, 2007, 7:00 p.m. 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 ismade, 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 963-763-4423; if you are hearing or voice
impaired, call TDD 1-800-222-3448 (voice) or
1-889-447-5620 (TTY).
by: Mack Worley, Jr.,
CODE BOARD CHAIRPERSON
Lane Gamiotea, CMC, City
Publish: 12/072006
Okeechobee Tmies