2007-05-081
CITY OF OKEECHOBEE
MAY 8, 2007 REGULAR CODE ENFORCEMENT BOARD MEETING
AGENDA
I. CALL TO ORDER - Chairperson:
May 8, 2007 Regular Meeting, 7:00 p.m.
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Board Secretary.
Chairperson Mack Worley
Vice Chairperson Jamie Gamiotea
Board Member Bea Castorina
Board Member Frank Irby
Board Member Marsha Montesi
Board Member Andrea Nelson
Board Member Rennae Sweda
Alternate Member Heather Hancock
Alternate Member Penny Revels
Board Attorney John R. Cook
Fire Chief/Code Enforcement Officer Herb Smith
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher
IV. MINUTES -Secretary.
A. Motion to dispense with the reading and approve the
Summary of Board Action for the April 10, 2007 Regular
Meeting.
SUMMARY OF BOARD ACTION
PAGE I OF 4
BOARD ACTION - DISCUSSION - VOTE
May 8, 2007 Code Enforcement Board meeting was called to order at 7:05 p.m. by Chairperson Worley.
Present
Present
Present
Present
Present
Absent with consent (Member Revels filled the seat for Member Nelson)
Present
Present
Present
Present
Present
Present
Present (left chambers at 9:00 p.m.)
Member Irby moved to dispense with the reading and approve the Summary of Board Action for April 10, 2007; seconded by
Member Castorina.
VOTE
WORLEY - YES GAMIOTEA - YES CASTORINA - YES IRBY - YES MONTESI - YES
NELSON - ABSENT SWEDA - YES HANCOCK - NON -VOTING REVELS - YES
MOTION CARRIED.
514
J10
MAY 8, 2007 - CEB REGULAR MEETING - PAGE 2 OF 4
II AGENDA III BOARD ACTION - DISCUSSION - VOTE II
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on III There were no request for the addition, deferral or withdrawal of items on today's agenda.
today's agenda.
VI. NEW BUSINESS.
A. Disposition of Cases presented by Code Officer Sterling:
No. 07-024 Code Officer Sterling testified the property owner had received notifications but the property was not in compliance. Member
Leon & Ulyssee Thomas. 911 NW 10' Street Revels moved to find Case 07-024 in violation of Ch. 30 Sec 30-41 Disabled vehicle and Sec. 30-44 General cleaning,
Ch. 30: Sec. 30-41 Disabled Vehicles & Sec. 30-44 imposing a fifty dollar per day fine commencing on the date notification is received; seconded by Vice Chairperson Gamiotea.
General Cleaning and beautification VOTE
WORLEY - YES GAMIOTEA - YES CASTORINA -YES IRBY - YES MONTESI - YES
NELSON -ABSENT SWEDA - YES HANCOCK - NON -VOTING REVELS - YES
MOTION CARRIED.
No. 07-028 Code Officer Sterling stated notification was not received by the property owner and asked for a postponement. Vice
William B. Odom Estate. 1003-1009 SW 10" Street Chairperson Gamiotea moved to postpone Case 07-028 until the next regular meeting; seconded by Member Montesi.
Ch. 30: Sec. 30-41 Disabled vehicles & Sec. 30-43 Public I VOTE
Nuisances.
WORLEY - YES GAMIOTEA - YES CASTORINA - YES
NELSON -ABSENT SWEDA - YES HANCOCK - NON -VOTING
MOTION CARRIED.
IRBY - YES MONTESI - YES
REVELS - YES
VII. RECESS REGULAR MEETING AND CONVENE IN WORKSHOP
SESSION - Chairperson.
A. Presentation of Handbook for Appointed Boards City Clerk Lane Gamiotea presented the Code Board with the Handbook for Appointed Boards and Committee's. She
and Committees - Lane Gamiotea, City Clerk. reviewed several key issues which pertained specifically to the Code Enforcement Board. Member Irby asked the City
7�
1
AGENDA
A. Presentation of Handbook for Appointed Boards
and Committees - Lane Gamiotea, City Clerk.
(continued from page 2)
B. Discussion regarding Code Enforcement Board
Procedures - Staff.
MAY 8, 2007 -CEB REGULAR MEETING - PAGE 3 OF 4
BOARD ACTION - DISCUSSION -
Clerk how the Code Board would be involved in regulating the subdivision of land or use of land and water which is listed
as a Code Board duty in the handbook. She said this would be in situations where the staff determined an issue needed to bE
directed to the Code Board most likely when there was non-compliance. A lengthy discussion ensued regarding absenteeism
Clerk Gamiotea explained the secretary would no longer be calling to remind them of the meeting. Instead it will be eact
members responsibility to inform the secretary if they need to be absent. She will notify the Chairperson of the absences, ther
it will be at his discretion to decide if an absence is excused. After Board Members have three consecutive absences without
consent they will be brought before the Board to be removed. She stated City Council has asked for this policy to be enforced,
Chief Smith addressed the Code Board stating he and Vice Chairperson Gamiotea had discussed how they are viewing Code
Enforcement from different perspectives. Chief Smith views the Code Board as being the "muscle" after the Code Officers
have exhausted all other means to bring a property into voluntary compliance. He explained when a case goes before the
Board, the property owner has already been sent courtesy letters and given numerous opportunities to come into compliance.
It is at this point he needs the Code Board to be supportive and take the necessary action to bring the violator into compliance.
Code Officer Sterling added the main function of the Code Officer is to work with the property owner to get voluntary
compliance. He assured the Board he takes every step to achieve that goal before a case is put on the Board's agenda.
Chairperson Worley commented that maybe the Code Officers were taking too much responsibility to bring the property into
compliance. He said it may be necessary to determine an earlier point at which the case should be turned over to the Board
to make a judgement call. Member Irby stated he felt the courtesy letter was very important, he added the more time the Code
Officer spends on one case the less time he has to check other property. Member Revels felt the number of inspections and
length of time it took to come into compliance on each case needed to be considered. She thanked the Code Officers for using
the overhead projector which enables everyone to see the time line and photographs at the same time. Member Sweda was
in favor of implementing the citation process to expedite compliance. Vice Chairperson Gamiotea agreed the citation process
would shorten the time the Code Officer spends on each case. He went on to say after his discussion with Chief Smith he
realized the Code Officer's frustrations when the Board questions every detail and doesn't trust the Code Officer's ability to
process a case. Member Revels said she felt the Code Officers and staff should feel the board is supporting them. Vice
Chairperson Gamiotea asked what action would be necessary to implement the citation process. City Clerk Gamiotea informed
the Board the citation procedure had already been adopted. However, the resolution which actually puts the ordinance into play
needs to be recommended by the Code Board to the City Council for them to make the decision to adopt. The resolution would
specify the type of violations a citation would be issued for, the amount of fine or penalty for each violation, and who would be
able to write citations. Chairperson Worley said he would want to see a draft of the resolution before it went to the City Council
and Vice Chairperson Gamiotea agreed.
516
MAY 8, 2007 - CEB REGULAR MEETING - PAGE 4 OF 4
AGENDA
C. Motion to close workshop session.
D. Motion to draft a resolution for the citation process.
E. Review of cases currently being fined.
ADJOURNMENT - CHAIRPERSON WORLEY.
Mad, U�
Mack Worley, Jr., Chair rson
ATTEST:
Sue Christopher, Boar 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.
BOARD ACTION - DISCUSSION - VOTE
Member Irby moved to close the workshop session and reconvene into the regular meeting; seconded by Member Montesi.
VOTE
WORLEY - YES GAMIOTEA - YES CASTORINA - YES IRBY - YES MONTESI - YES
NELSON -ABSENT SWEDA - YES HANCOCK - NON -VOTING REVELS - YES
MOTION CARRIED.
Member Irby moved to direct the City Attorney and City Clerk to draft a resolution for the implementation of citations for
Code Enforcement violations; seconded by Member Montesi.
VOTE
WORLEY - YES GAMIOTEA - YES CASTORINA - YES IRBY - YES MONTESI - YES
NELSON -ABSENT SWEDA - YES HANCOCK - NON -VOTING REVELS - YES
MOTION CARRIED.
Code Officer Sterling gave an update on cases currently under a fine. At this time the status has not changed on any of
these cases.
THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON WORLEY ADJOURNED THE MEETING AT 9:02
P.M.
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
MAY 85 2007 OFFICIAL AGENDA
CALL TO ORDER - Chairperson: May 8, 2007 Regular Meeting, 7:00 p.m.
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Board Secretary.
Chairperson Mack "Hoot" Worley '
Vice Chairperson Jamie Gamiote�a
Board Member Bea Castorina ✓
Board Member Frank Irby ✓y
Board Member Marsha Montesi
Board Member Andrea Nelson
Board Member Rennae Sweda 1
Alternate Member Heather Hancock ✓
Alternate Member Penny Revels
Board Attorney John R. Cook ✓
Fire Chief/Code Enforcement Officer Herb Smith ,
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher ✓
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of Board Action for the April 10, 2007 Regular Meeting.
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
PAGE 1 OF 2
u i� �2 'j
AFFIDAVIT OF PUBLISHER
OKEECWOBEE 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 Notice PO #013363
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 05/03/2007
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 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. Hughes, Jr., (Publisher) /
Sworn to and subscribed before me
this i \ day of
A.D. 2007
f�
J/7
(SEAL) Notary Public
ii.lS ,utcc; A. Brennan
ornnm ssion #DD318483
z " ,-. Pires: Jun 25, 2008
Bonded Thal
-
'-wanUc Bonding Co., Inc.
CITY CODE ENFORCEMENT BOARD
MEETING AND WORKSHOP
NOTICE IS HEREBY GIVEN that the
City of Okeechobee Code Enforcement Board
Meeting is on Tuesday, May 8, 2007, 7:00 p.m.,
City Hall, 55 SE 3rd Ave, Rin 200, Okeechobee,
Florida. A workshop is planned, following the
meeting, to discuss procedures and the process
for code enforcement complaints. 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, sujh 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 he based.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286 26, persons with disabilities needing special
:cconutmdation 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 TOD 1-800-222-3448 (voice) or
I.888-447-5620 (TTY).
by: Mack Worley, Jr.,
CODE BOARD CHAIRPERSON
Sue Chrorto+pher, So4W Secretary
Pufihsh: i�03JI�f$7 ' ` -
-------------------------------------------------
r
PAGE 2 OF 2
VI. NEW BUSINESS.
A. Presentation of Handbook for Appointed Boards and Committees - Lane Gamiotea, City Clerk.
B. Disposition of Cases presented by Code Officer Sterling:
Case No. Name & Address Violation
07-024 Leon & Ulyssee Thomas Ch. 30: Sec. 30-41 Disabled vechicles & Sec. 30-44 General Cleaning
911 NW 10" Street and beautification
07-028 William B. Odom Estate Ch. 30: Sec. 30-41 Disabled vehicles & Sec. 30-43 Public Nuisances.
1003-1009 SW 10" Street
VII. RECESS REGULAR MEETING AND CONVENE IN WORKSHOP SESSION - Chairperson.
n � -
A. Discussion regarding Code Enforcement Board Procedures - to
IX. ADJOURN MEETING-Chairperson.��
----------- lr-u ,
PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Code Enforcement Board with respect T`` C'W CLlC( c
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.
46
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
MAY 85 2007 OFFICIAL AGENDA
I. CALL TO ORDER -Chairperson: May 8, 2007 Regular Meeting, 7:00 p.m.
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Board Secretary.
Chairperson Mack "Hoot" Worley
Vice Chairperson Jamie Gamiotea
Board Member Bea Castorina
Board Member Frank Irby
Board Member Marsha Montesi
Board Member Andrea Nelson
Board Member Rennae Sweda
Alternate Member Heather Hancock
Alternate Member Penny Revels
Board Attorney John R. Cook
Fire Chief/Code Enforcement Officer Herb Smith
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of Board Action for the April 10, 2007 Regular Meeting.
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
PA
*t#�PAV:ra
PAGE 1 OF 2
x
PAGE 2 OF 2
VI. NEW BUSINESS.
A. Presentation of Handbook for Appointed Boards and Committees - Lane Gamiotea, City Clerk.
B. Disposition of Cases presented by Code Officer Sterling:
Case No. Name & Address Violation
07-024 Leon & Ulyssee Thomas Ch. 30: Sec. 30-41 Disabled vechicles & Sec. 30-44 General Cleaning
911 NW 10`h Street and beautification
07-028 William B. Odom Estate Ch. 30: Sec. 30-41 Disabled vehicles & Sec. 30-43 Public Nuisances.
1003-1009 SW 10" Street
VII. RECESS REGULAR MEETING AND CONVENE IN WORKSHOP SESSION - Chairperson.
A. Discussion regarding Code Enforcement Board Procedures - Staff.
IX. ADJOURN MEETING - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City 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.
Case No. Name
04-025 Joe & Johnny Brown
803 NW 12`' Street
04-026 Gloria & Mary Brown
800 Blk NW 12d' St.
05-089 Shannon Martin
703 S Parrott Ave.
06-144 Shannon Martin
703 S Parrott Ave.
06-172 John & Susan Hanner
1002 SE 8 h Drive
06-108 Building Blocks
1811 SW 2nd Avenue
07-014 Okeechobee -FL Prop
2000 Blk. S. Parrott
07-026 Chad Jenkins &
Adelin Hauser
1104 SE 86' Drive
C xn4loo-r
CODE ENFORCEMENT BOARD N14Y g a007
MAY 8, 2007
Fine Started 90 Days
$10/day
$10/day
$25/day
$250/day
4/01 /05
12/15/04
8/15/05
8/09/06
Code Board Action
6/29/05 3/8/05 - Imposed $10/day fine on 4/l/05 for overgrown vegetation/debris from training burn.
8/9/05 - Recommend to proceed with foreclosure (approved by City Council 8/16/05)
9/12/06 - Recommend City Administrator declare property a public nuisance
2/14/07 - In compliance as of 2/14/07- fine stopped.
3/15/05 11/9/04 - Imposed $10/day fine on 12/15/04 for overgrown vegetation
8/9/05 - Recommend to proceed with foreclosure (approved by City Council 8/16/05)
9/12/06 - Recommend City Adminstrator declare property a public nuisance
11/15/05 7/12/05 - Imposed $25/day fine on 8/15/05 for general cleaning.
11/8/05 - Found in compliance as of 11/7/05
12/13/05- Recommend City Council reduce fine to $500.00 (Fine reduced by City Council to $500)
6/13/06 - Recommend City Council sue to collect $500.00 fine. (Approved by City Council unless
fine is paid before judgement is processed)
9/12/06 - Recommend City Attorney proceed with lawsuit for remaining unpaid balance of $125.00
7/11/06 - Imposed $50 administrative fee for non compliance with Sec. 30-44 general cleaning.
11/7/06 9/12/06 - Imposed $250/day fine beginning 8/9/06 (date notice received) for general cleaning and
parking commercial vehicles in a residential area.
- In compliance as of 10/16/06 - fine stopped.
1/09/07 - Recommend to proceed with foreclosure (approved by City Council 2/6/07)
$1/day 12/06/06 3/05/07
$50/day
$50/day
4/19/07 7/17/07
4/ 18/07 7/ 16/07
8/08/06 - Imposed $1/day fine beginning 12/6/06 for operating without an occupational license.
4/10/07 - Imposed $50/day fine beginning 4/19/07 for overgrown grass and cleaning.
4/10/07 - Imposed $50/day fine beginning 4/18/07 for general cleaning & disabled vehicle.
Ex.h;b i'+ 42,
M*1 S, ;,007
City of Okeechobee
Code Board Meeting
May 8, 2007
I
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11
Case #07-024 —Pro-Active
• Written For The Following Violations
• Disabled Vehicle — No Tag
• Building Materials & Auto Parts In Back Yard
• Public Nuisance — Open Trench
02/05/07 — Inspected Property
02/07/07 — Courtesy letter sent
02/22/07 — Inspected & photographed property
02/27/07 — Notice of Violation mailed
03/01/07 — Notice of Violation received, signed for
by Ulyssee Thomas
r
A, ^„ytgratllre _
■ Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. X
■ print your name and address on the reverse 6. Rece4veti oy f"nted ) pta
so that we can return the card to you.
■ Attach this card to the back of the maiipiece, s 1 / o.
or on the front if space pemnits. p, delivery address ditterent from hem 1 'Yens
1. Article Addressed to: i It YES, enter delivery address be ow: Ll No
LEON & ULYSSEE THOMAS
91 1 NW 10'ni STREET
OKEECHOBEE, FL 34972
3. Service Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandig
❑ Insured Mail ❑ G.O.D.
4. Restricted Detivery? (Extra Fee) ❑ Yes
,«,eu,,,,►,Ar 7nn6 2760 0002 9590 0766
• 03/12/07 — Inspected, not in
compliance
03/28/07 — Inspected, not in
compliance
04/18/07 — Inspected, not in
compliance
04/19/07 — Notice to Appear
04/21/07 — Notice to Appear
signed for by Leon Thomas
mailed
received,
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05/08/-7 —Inspected, not in compliance
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Old tires & debris in side yard, trench covered up
To: Code Enforcement Board
Fred Sterling
5/08/2007
For your information,
Courtesy Letters Written 2006 198
Courtesy Letters Written 2007 164
Multiple Investigations from Letters 656
Violations From Letters 26
Violations No Letter Written 12
Total Notices of Violations 38
Multiple Investigations from NOV 190
Violations Presented to Board 06 Cases 33
Violations Presented to Board 07 Cases 07
Notices of Violation 2007 — Pro -Active 25
Notices of Violation 2007 — Reactive 13
Business Tax License Investigations 51
Building Permit Checks 34