2021-01-19 Ex 03Fine Reduction Request Case #190718010, see pg 2, item VII. B.
0 CITY OF OKEECHOBEE CODE ENFORCEMENT
' DECEMBER 8, 2020 SPECIAL MAGISTRATE HEARING
DRAFT OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to
order on Tuesday, December 8, 2020, at 6:30 P.M. in the City Council Chambers,
located at 55 Southeast V Avenue, Room 200, Okeechobee, Florida. The Pledge of
Allegiance was led by Magistrate Azcona.
11. ATTENDANCE
City Clerk Lane Gamiotea called the roll. Special Magistrate Roger Azcona, Esquire,
City Attorney Carlyn Kowalsky, Police Lieutenant Justin Bernst, and Code Officer Fred
Sterling were present.
III. CHANGES TO AGENDA
A. Magistrate Azcona asked whether there were any agenda items to be added,
deferred, or withdrawn; City Attorney Kowalsky deferred Items VI.A., VI.B, VI.C,
VI.E, and VI.F.
IV. APPROVAL OF MINUTES
A. Special Magistrate Azcona approved the September 8, 2020, and October 21,
2020, Hearing minutes.
B. This being a Quasi -Judicial proceeding, City Clerk Gamiotea collectively
administered an Oath to Code Officer Fred Sterling, Mr. Benjamin Purvis, and
Mr. Jose Cruz; all affirmed. Code Officer Sterling advised all events occurred
within the corporate limits of the City of Okeechobee. The Officer's notes,
testimony, photographs, and support documents were all entered as part of the
official record.
V. CONTINUED CASES
A. Case Number 190411010; Kemp Properties of Okeechobee, 909 South Parrott
Avenue, Okeechobee. Violation of City Code of Ordinances Chapter 30, Sections
30-43 Public Nuisance, and 30-44 General Cleaning and Beautification.
Officer Sterling testified that an inspection was performed prior to the meeting,
and progress has been made. Special Magistrate Azcona granted an
extension of 30-days from today for the property to become compliant. Mr.
Purvis was further instructed that he did not have to wait the entire
extension, and to notify Code Officer Sterling when he had completed the
clean up to inspect the property in order to stop the fine from accruing. He
could then move forward with a fine reduction request.
VI. NEW CASES
A. Case Number 200824009 was deferred.
B. Case Number 190723008 was deferred.
C. Case Number 200824014 was deferred.
D. Case Number 200318009; Daniel Meara, 905 Southwest 3rd Avenue,
Okeechobee [Legal Description: Lot 9 of Block 5, SOUTH OKEECHOBEE, Plat
Book 1, Page 12, Okeechobee County Public Records]. Violation of City Code of
Ordinances Chapter 30, Section 30-41 Disabled Vehicle (no tag).
Officer Sterling testified there were two vehicles parked on the property without
tags. On September 21, 2020, a Notice of Violation/Notice of Hearing was mailed
and received by Krystall Cafter on September 25, 2020. The Notice of
Violation/Notice of Hearing was posted on the property November 17, 2020.
DRAFT December 8, 2020, Code Enforcement Hearing, Page 1 of 2
VI. NEW CASES CONTINUED
ITEM D CONTINUED: Special Magistrate Azcona found the property to be in
violation of City Code of Ordinances Chapter 30, Section 30-41 Disabled
Vehicle (no tag). A fine of $25.00 per day plus an administrative fee of $50.00
will begin to accrue 14-days after proper notification.
Case Number 200609010 was deferred.
F. Case Number 200916028 was deferred.
VII. FINE REDUCTION REQUESTS
A. Case Number 190917011; Manuel Serrana Pineda, 1124 Southwest 8th Street,
Okeechobee [Legal Description: South 50.5-feet of Lot 11 and West 33-feet of
the South 50.5-feet of Lot 12, in Block 15, SOUTHWEST ADDITION TO
OKEECHOBEE, Plat Book 2, Page 7, Okeechobee County public records and
the abandoned portion of First Street lying south of and contiguous to said Lot 11
and the aforementioned West 33-feet of Lot 12 of said Block 15]. The property
owner is requesting a Fine Reduction from $9,350.00 to $935.00 plus a $50.00
Administrative Fee.
After a brief testimony from Code Officer Sterling and Mr. Jose Cruz, representing
the property owner, Special Magistrate Azcona recommended approval of
the request for Fine Reduction from $9,350.00 to $935.00 plus a $50.00
Administrative Fee and to allow payments to be made; half to be paid in
January and the balance by February 10. The recommendation will be
forwarded to the City Council for final action.
B. Case Number 190718010; Fortex Holdings, LLC, 501 East North Park Street,
Okeechobee. Requesting reduction from $8,450.00 to $50.00 Administration
Fee.
Code Officer Sterling testified the building has been painted, the property
cleaned, and is currently in compliance. He recommended a Fine Reduction of
10 percent of the accrued amount, which is $845.00 plus a $50.00 Administration
Fee. Special Magistrate Azcona agreed with the recommendation of a Fine
Reduction from $8,450.00 to $845.00 plus a $50.00 Administrative Fee. The
recommendation will be forwarded to the City Council for final action.
Vill. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hearing was
adjourned at 7:05 P.M.
Roger Azcona, Special Magistrate
ATTEST:
Lane Gamiotea, CMC, City Clerk
Please take notice and be advised that when a person decides to appeal any decision made by the Special
Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure that a verbatim
record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to
be based. City Clerk media are for the sole purpose of backup for official records of the Clerk.
DRAFT December 8, 2020, Code Enforcement Hearing, Page 2 of 2
Okeechobee Citv, Florida Code Compliance Department
�r
IN RE: The Matter of Complaint # 19071 0010
Fortex Holdings LLC
Respondent(s)
Request for Reduction of Accrued Fine
I, hereby request a reduction of a fine imposed in the above referenced case and in support
thereof would state the following information:
1. My name and current mailing address are:
12212 WILD IRIS WAY#111 ORLANDO FL 32837
2. Physical address of the property which was the subject of the violation:
510 NE PARK STREET OKEECHOBEE FL 34974
3. A Fine in the amount of per day was imposed on the following date: _ DECEMBER 4,2019
4. The violations were corrected, and I was advised that the property came into compliance on the following date:
—E BBUARY26, 2020
5. 1 am requesting that the accrued fine be reduced from $ 8,450.00 To: ADMINISTRATIVE FEE $50
6. The accrued fine amount should be reduced because:
Never received any notices,_phone call or email until February 24 20, 20. Upon recelving_phone call from Fred
Sterling, BMJ Towing removed the vehicle from the property on February 27,2020. Since I FonT
live In Okeechobee I and Fred Sterling always communicated via phone or email never received any mall until October 9.2020
PLEASE SEE EXHIBIT A. proving all communications were done via phone call.
7. 1 Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magistrate to
Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the
following person to appear In my place:
Signature of Respondent Signature of Respondent
Date: 1 V 1
Date:
�- 4 1
LTheffing instrument was sworn to (or affirmed) and subscribed before me this f �1 day of G 1 20�0
�Q� who produced
as identification.
J o�
Signature of Notary ublic— State of Florida =NcWryFublicFlanPrint/TyperStamped Name of Nota tterY GG 33197-�
My commission expires: ,,�,,