Loading...
Kinty, A. & Waldington, C. - Case #200303022CITY OF OKEECHOBEE, -vs- CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 200303022 Official Records File#20200098-14 Page(s) 2 PETITIONER, Sharon Robertson Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 10/13/2020 11:45 AM Fees: RECORDING $18.50 RESPONDENT, Aaron Kinty & Charles Waldin tg on J LIEN / ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on September 8 , 20 20. After due notice to the respondent, the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 4 & 5 Blk: 25 Section: City of Okeechobee Plat Book, Page, Public Record of Okeechobee, Florida Parcel: 3 -15-3 7-3 5-0010-00250-0040 Property location: 911 Northwest 111h Street Property owner: Aaron Kinty & Charles Waldington B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of. Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification. Vacant lot needs to be mowed C. ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated the Code of Ordinances Ch 30 Section 30-43 and Section 30-44 concerning your property located at 911 Northwest I Ith Street, Okeechobee, Fl. If you do not correct the violation 10 days after proper notification, or notify the Code Enforcement Officer of the correction, the Magistrate imposes a fine of $ 250.00 per day, Also a onetime fee of 50.00 for administrative fees, commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this 8th day of September 20 20. CITY OF OKEECHOBEE, Petitioner Aaron Kinty & Charles Waldin tog n Respondent CODE ENFORCEMENT City of Okeechobee, Florida Magistrate Enf,6rcement Of cer ATTEST: wk�mz a CIO&L, - Recording SecretaryAo}aq_L� STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY, appeared before me the undersigned authority, Roger Azcona, Fred Sterling and Melissa Close , well known to me and known by me to be the Code Enforcement Special Magistrate, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT. SWORN TO (or affirmed) AND SUBSCRIBED be ore me, by mea s of x physical presence or online notarization, this day of g2C. ,20 20 . (year), by Roger Azcona, Fred Sterling and Melissa Close. I zjo/ rease Mic 70873e obee Code Enforcement 50 SE 2" d Avenue Okeechobee, FL 34974 (863) 763-2626 Extension: 9802 Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019079252 Receipt # 2020007289 Print Date: 10/13/2020 11:48:35AM Cashier Date: October 13, 2020 Client: CITY OF OKEECHOBEE 8 Items LIEN Instrument Number: 2020009852 RECORDING FEES 9.00 BOCC 4.00 1 FACC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020009853 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT LIEN Instrument Number: 2020009854 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT LIEN Instrument Number: 2020009855 9.00 4.00 �_ ' loe 0.20 1.50 3.80 9.00 4.00 n I , $020 ��C eC�.anjrCC) $1.50 3.80 RECORDING FEES 9.00 BOCC $400 CC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009856 RECORDING FEES 9.00 BOCC FACC FEE 4.00 0.20 i �Q�t'(U� r ` _`�S'c, oc TRUST FUND FEE $1.50 J COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009857 RECORDING FEES 9.00 n FACC FEE $0 20 `00C \ '~`f ��' TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 SATISFACTION Instrument Number: 2020009858 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT SATISFACTION Instrument Number: 2020009859 5.00 2.00 �r 0.10 1.90 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 CHECK/CASHIERS CHECK AMOUNT: $129.50 # 042164 CASH AMOUNT: $2.00 CHANGE: $0.50 Total Payments $131.00 Total Fees $131.00 Shortage $0.00 Check Overage $0.00 Rec By: Madalyn Pinon Deputy Clerk www.clerk.co.okeechobee.fl.us/Official Records.htm �e-IZ SrGiC�'I i d"?� Case #200303022 Property Owner Aaron Kinty & Charles Waldington Address 911 NW 111h Street First Inspected 2019 Violations Noticed Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification. Mow and Debris Date photos Taken Yes Courtesy Card Yes — 03/4/2020 SOV and NOH Sent out July 28, 2020, for the August Hearing. Green Card Returned Signed by Mr. Kinty Posted Property Special Magistrate and Fine Amount Property was found to be in violation and a fine of $250.00 per day was imposed with a $50.00 Admin Fee. Lien Order Filed on October 13, 2020 Final Inspection Fine Started & Ended Chronology Report — Case Number 200303022 Aaron Kinty & Mr. Waldington Date Event/Document January 15, 2019 Case#18-036 A Lien Order was mailed return receipt and was retuned to us unclaimed on 03/04/2019 January 29, 2019 A Notice of Violation and Notice of Hearing Certified Return Receipt and was retuned Unclaimed on March 4, 2019 March 5, 2019 Another Notice of Violation and Notice of Hearing Cert Mail Return Receipt was returned to us on May 15, 2019 March 5, 2019 Another NOV & NOH was mailed certified return receipt and retuned to us Unclaimed on May 15, 2019 December 10, 2019 Emailed Mr. Kinty regarding the property and not being able get any mail to the address we have on file. I also sent him a copy of the Statement f Violation and Notice of Hearing for the January 2020 Hearing. 10/11/2020 Mr. Kinty emailed me back and said to email him the mail lady does not like him, and he does not get his mail half of the time. Stated he would get the property mowed etc. December 27, 2020 Emailed Mr. Kinty to see if they had a chance to mow and clean up debris. Mr. Kinty emailed me back and said that they had it mowed and hacked down. 10/31/2019 Fred went to check the property and they are complying. March 3, 2020 Emailed Mr. Kinty to let him know property needs mowed again. Mr. Kinty replied with he will get it done soon. March 4, 2020 Mailed out Courtesy Card with the City Ordinances. Property needs to be mowed May 4, 2020 Emailed Mr. Kinty again and told him that nothing had been done to the lot. May 5, 2020 Mailed a Courtesy card out to inform owners that the property needs to be mowed. July 27,2020 Went and took pictures of the property and it was still overgrown, this property and owners are repeat offenders. July 28, 2020 Statement of Violation and Notice of Hearing was sent Certified mail and retuned on August 7, 2020 signed by A. Kinty Ok�e�ethobe.e. CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Aaron Kinty & Mr. Waldington Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone 863-763-7804 FAX Date 07/28/2020 CASE NO. 200303022 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I (hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Section 30-43 & Section 30-44 2. Address and Parcel# where violation exists:911 NW 11 th Street 3-15-37-35-0010-00250-0040 3. Name and address of property owner or person in charge of location where viola[tion exists: Kinty & Waldington - 2341 SE 27th Ave 4. Description of Violatiolot Needs to Mowed - Attached Photos 5. Date violation must be corrected bySep 4, 2020 6. Date violation first observed on or about3/3/20 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 8th day Jep - LULU at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compl!Z2Sterling If you fail to ap ear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in Code Enforce ent Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito . Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. 9020 TWE0 2000 OT60 9TH ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X ❑ Agent t �—� El Addres- so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by (Print d Name) �Li � C. D too Deliv_ I'L 14 or on the front if space permits. Tess different from item 17 ❑ Yes Arron Kinty & Mr. Waldington elivery address below: ❑ No 2341 SE 27th Ave Okeechobee, Fl 34974 - 3 3 type rviceIt ❑RegiseredMJITI ® II�■�'i'��'�)I���I'i� �� I�I (II'f I���if I ��II) d ❑Adult Signature fa Registered MaIIT"" ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restrii 9590 9402 5765 0003 6005 52 ❑ Certified Mail® Certified Mail Restricted Delivery Delivery G Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmatiu. ❑ Signature Confirmation 2. Article Number (Transfer from service label) 7 016 0 910 0002 0381 0206 Mail Mail Restricted Delivery Restricted Delivery 00) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Rece= Date: J - S - --,? OQ & Re: QI I Nlu 1I`t' ��+ Z �00 3C 2)yO.;� Dear Property Owner, This is a courtesy card requesting your assistance in alleviating the following code violation(s) at the above address. The following violation(s) exist: b Overgrown Weeds, Grass, Bushes or Shrubs f Trash, Yard Debris or Junk 0 Inoperable, Abandoned or Unlicensed Vehicle 0 International Property Maintenance Code Ch 0 Unauthorized Signs, Flags or Banners 0 Operating a Business Without Required License 0 Pool Violation Sec 0 Other A i jj ` 6L41 CAE!-, J Jc (, ? ('t s Please contact our office at (863) 763-2626 within _C days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 18-00036 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- AARON KINTY & CHARLES WALDINGTON 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: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 911 NW 11TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010002500040 4. Respondent(s) name & address: AARON KINTY & CHARLES WALDINGTON; 2341 SE 27TH AVENUE OKEECHOBEE, FL 34974 5. Description of violation: PLEASE REMOVE YARD DEBRIS/TREE LIMBS 6. Date by which violation is to be corrected: 2/05/2019 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 cause this case to be dismissed. DATED THIS aC�day of 2019 G� CODE ENFORCEMENT Fred Sterling 55 SE 3rd Avenue Code Enforcemerti Officer Okeechobee, Florida 34974 (863) 467-1586 y.0 �KEE�-y0 V City of Okeectio6ee •I915� 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 932709 0 915806113 44 01 /29/2019 . • 006.800 7016 2710 0000 1725 0348 ZIP 34974 041L11251539 AARON KINTY & CHARLES WALDINGTON 2341 SE 27TH AVENUE OKEECHOBEE, FL 34974 UNC 34552-4:0 49620 RECEIVED IMAR 0 4 2D1O 1'3 t A t C > 1 2 0 C .L J a- L! L .7 .... !7 RETURN TO . 8C: 34974293299 *2287-03185-29-47 :lE�fls(j�ill:;!l�i�s."�1t'•�tel`I!!{�IR,>';aj;1ss413�Ellgs;tlti�ii CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 18-00036 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- AARON KINTY & CHARLES WALDINGTON 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: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 911 NW 11TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010002500040 4. Respondent(s) name & address: AARON KINTY & CHARLES WALDINGTON; 2341 SE 27TH AVENUE OKEECHOBEE, FL 34974 5. Description of violation: PLEASE REMOVE YARD DEBRIS/TREE LIMBS 6. Date by which violation is to be corrected: 3/12/2019 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 March, 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 $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the Magistrate will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cau a this case to be dismissed. DATED THIS day of f%% , 2019 CODE ENFORCEMENTd Ste ing 55 SE 3rd Avenue Code Enforcement O icer Okeechobee, Florida 34974 (863) 467-1586 ti°1915°bk C,y m x* City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 ®PO$ Floc? r,` Gc 03/05r201$006.802 t•• • '•IYL'ti ZIP 34974 7016 2710 0000 1725 0539 041L11251539 AARON KINTY & CHARLES WALDINGTON 2341 SE 27"H AVENUE OKEECHOBEE, FL 34974 ETtP.l`l TO vENLi`�JR l91.n3LE r0 IN W;"-+., D }` SC; 34974293299: 7i ++77yy *1106-ei,450-5pp-05-`4a .�fti�!��?�+_•�•�:�•.� ,i39i3�����31 �Iil��i�i3��i�31�F1t���i�3�t�it�7litliiti3i1��33311.t CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 18-00036 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- AARON KINTY & CHARLES WALDINGTON 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: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 911 NW 11TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010002500040 4. Respondent(s) name & address: AARON KINTY & CHARLES WALDINGTON; 2341 SE 27TH AVENUE OKEECHOBEE, FL 34974 5. Description of violation: PLEASE REMOVE YARD DEBRIS/TREE LIMBS 6. Date by which violation is to be corrected: 3/12/2019 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 March, 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 a this case to be dismissed. itl DATED THIS j day of ��l , 2019 CODE ENFORCEMENT d Ste mg 55 SE 3rd Avenue C de Enforcement O icer Okeechobee, Florida 34974 (863) 467-1586 h�� 4°1916°� cs m City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Flotida 34974-2932 41 Opost Rg--i_acc biul�_ 03/05/2019 $006. Q 102 7016 2710 0000 1725 0546 ZIP 34974 041LI1251539 CHARLES WALDINGTON 341 NW 12TH AVENUE OKEECHOBEE, FL 34972 4N NIxIc 331 DE :a l5a5f42 11 RETURN TO SENDEER u NC;- Al IM E -D i UNABLE TO FORWARD U'J.0 3C. 34974293299 g! »i 9 y .33