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2021-03-0937 ,ij�pF•UKS � r�t �� .� ' "- -.l � `�; l �� == � ,.; CITti' OF OKEECHOBEE CODE ENFORCEMENT MARCH 09, 2�21 SPECIAL IVIAGISTRATE HEARING OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcana called the Code Enforcement Special Magistrate Hearing to order on Tuesday, March 09, 2021, at 6:30 P.M. in the City Council Chambers, located at 55 Southeast 3�d Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Magistrate Azcona. II. ATTENDANCE Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, City Attorney Carlyn Kowalsky, I'olic� Lieutenant Justin Bernst, Code Enforcement Offir.er Anthony Smith, and De��uty City Clerk Bobbie Jenkins were present. III. CHANGES TO AGENDA Special Magistrate Azcc�na asked whether there were any agenda items to be added, deferred, or withdrawn; Fine Reduction Request Item VI.C. will be heard before Item VI.A. as requested by City Attorney Kowalsky. IV. APPROVAL OF MINUT'ES AND ADMINISTRATIOfV OF OATH A. Special Magistrate Azcona approved the January 12, 2021, Hearing minutes. B. This being a Q�asi-Judicial proceeding, Special Magistrate Roger Azcona, Esquire collectivEly administered an Oath to: Code Officers Smith and Curl, Mr. David Feltenberger, Mrs. �isa Feltenberger, Mr. Bill Rose, and Mr. Mark Rouer; all affirmed. Cod� Officer Smith 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. CASES COMPLIED, C(�NTINUED, OR AMENDED A. Case No. 210210008; Sam Lane, 800 block of Northwest 10t" Street [Legal Description; Lots 1 and 2, Block 41, OKEECHOBEE, Plat Book 2, Page 17, Okeechobee Co�.�nty public records]. Violation of Code of Ordinances Chapter 30, Section 30-�4 General cleaning and beautification; Deferred until next scheduled Hearung. B. Case No. 210112019; Zaben Omar Nafal, 1000 Blk of West North Park Street [Legal Description Northwest Addition Lots 15, 16, 17, 18, 19 and 20 Block 28, OKEECHOBEE, Plat Book 1, Page 25, Okeechobee County public records], was found to be in compliance on March 9, 2021. No action on this matter was requested but is noted for the record to have beer� in violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisance, Sectior� 30-44 General cleaning a�d beautification. VI. FINE REDUCTION REQUESTS A. Case No. 190215011; Barbara Mills, 1206 Southwest 5t'' Avenue [Legal Description: Lot 3, REPLOGLE'S SUBDYVISION, Plat Book 2, Page 87, Okeechobee Co�anty public records]. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicle, Section 30-43 Public nuisances, and Section 30-44 General clE�aning and beautification. City Attorney Carlyn Kowalsky testified this Case was currently in foreclosure but has recently bee�i purchased. To date, the total fine accrued is $7,425.00 with accrued attorney fees of $3,217.50. David and Lisa Feltenberger, the new property owners, requested a fine reduction fio ten percent of the total fine. The City recommend�d $3,985.00, which is the ten percent of the accrued fine, attorney fees, and the administrative fee. The property owners contested the amount and argued the billing of the attorney fees was inaccurate based on the information provir�ed. It was requested by both parties to defer the Case to the next Hearing to allow the City and property owners time to resolve the attorney fees issue. Special Magistrate Azcona deferred Case No. 190215011 to the next scheduled Hearing. March 09, 2021 Code Enforcement Hearing, Page 1 of 2 �� VI. FINE REDUCTIONS REQUESTS CONTINUED B. Case No. 200312003; Bella Rose Day Spa, 311 Northeast 2"d Street [Legal Description: Lots 11 and 12 of Block 143, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, and 30-44 General cleaning and beautification. Code Officer Smith testified a Courtesy Card was mailed on March 12, 2020, for violation of Chapter 30, Sections 30-43 arnd 30-44, and operating a business without a Business Tax Receipt. A Statement of Violation/Notice of Hearing was sent and signed for by Hailey M. The secand Statement of Violation/Notice of Hearing was sent out on June 29, 2020, for the cancellation of the July Hearing due to illness; it was signed for by Amanda Markham. A third Statement of Violation/Notice of Hearing was mailed July 16, 2020, for the August Hearing and was signed for by Hailey M. This Case was found in vi4lation on August 11, 2020. A fine of $100.00 per day after 14 days proper notification and a$50.00 administrative fee was imposed. The property was inspected and found to be non-compliant on August 19, 2020, and September 10� 2020. A Lien/Order was filed and mailed on September 22, 2020; it was signed for by Hailey M. on October 13, 2020, the fine began to accrue. A 90-day Letter was sent on January 15, 2021. Mrs. Rose submitted a request for,� fine reduction on January 22, 2021. A fourth Statement of Violation/Notice of Hearing was hand delivered on March 5, 2021 after several attempts to contact Mr. Rose. The property was brought into compliance [insert date here], leaving an accrued fine of $14,600.00. The City recommended a fifty-percent reduction plus a$50.00 administrative fee. Mr. Rose requested that the Fine be reduced to $0.00, as he was unaware of the violations until later in the Case. Based on the evidence provided, Special Magistrate Azcona reserved ruling until the next day to review all evidence. Special Magistrate Azcona's report concluded that the fifty-percent reduction of the total fine was more than reasonable and fair under the facts and circumstan�es presented, and such reduction is in the best interest of the City of Okee�hobee. All administrative fees previously assessed should remain. The Respondent should arrang� a payment plan to pay the fines and fees within a reasonable time. C. Case No. 17-040; Okeechobee Park Stre�t, LLC, 100 Northwest Park Street [Legal Description: Lots 1 through 12 of Block 155, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. City Attorney Kowalsky testified the City and Walgreens have agreed to $9,920.00 which is a reduction from the original fine that was due. Due to no response from the property owner, a demand letter with an attached complaint was sent. Mr. Mark Rouer, the Walgreens representative, agreed there was a breakdown in communication. Walgreens prides itself on being a good business partner with the City and has brought the graunds into compliance. Based on the evidence provided, Special Magistrate Azcona ruled a settlement had been reached on Cas� No. 17-040. /' � VII. ADJOURN MEETING ;�`� /- There being no further business to come before the Spe�al M�gistrat��-�he : ar�ng was adjourned at 7:05 P.M. � ----=----�y � , ,� _. -. _ _ �_ � _— -- AT�ST: � �� Christina Curl / ger Azcona, -� -�,,_ � �`pecial Magistrate 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, hn/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 offi�ial records of the Clerk. March 09, 2021 Code Enforcement Hearing, Page 2 of 2 L�� OF' FFcti O �� ,,,��„�m: o � o; �6 a .,�'� o` � 91 i CITY OF OKEECHOBEE CODE ENFORCEMENT MARCH 09, 2021 SPECIAL MAGISTRATE HEARING OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, March 09, 2021, at 6:30 P.M. in the City Council Chambers, located at 55 Southeast 3�d Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Magistrate Azcona. II. ATTENDANCE present. Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, City Attorney Carlyn Kowalsky, Police Lieutenant Justin Bernst, Code Enforcement Officer Anthony Smith, and Deputy City Clerk Bobbie Jenkins were III. CHANGES TO AGENDA Special Magistrate Azcona asked whether there were any agenda items to be added, deferred, or withdrawn; Fine Reduction Request Item VI.C. will be heard before Item VI.A. as requested by City Attorney Kowalsky. IV. V. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona approved the January 12, 2021, Hearing minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Roger Azcona, Esquire collectively administered an Oath to: Code Officers Smith and Curl, Mr. David Feltenberger, Mrs. Lisa Feltenberger, Mr. Bill Rose, and Mr. Mark Rouer; all affirmed. Code Officer Smith 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. A. Case No. 210210008; Sam Lane, 800 block of Northwest 10t" Street [Legal Description; Lots 1 and 2, Block 41, OKEECHOBEE, Plat Book 2, Page 17, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Section 30-44 General cleaning and beautification; Deferred until next scheduled Hearing. CASES COMPLIED, CONTINUED, OR AMENDED B. Case No. 210112019; Zaben Omar Nafal, 1000 Blk of West North Park Street [Legal Description Northwest Addition Lots 15, 16, 17, 18, 19 and 20 Block 28, OKEECHOBEE, Plat Book 1, Page 25, Okeechobee County public records], was found to be in compliance on March 9, 2021. No action on this matter was requested but is noted for the record to have been in violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisance, Section 30-44 General cleaning and beautification. VI. FINE REDUCTION REQUESTS A. Case No. 190215011; Barbara Mills, 1206 Southwest 5t" Avenue [Legal Description: Lot 3, REPLOGLE'S SUBDIVISION, Plat Book 2, Page 87, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicle, Section 30-43 Public nuisances, and Section 30-44 General cleaning and beautification. City Attorney Carlyn Kowalsky testified this Case was currently in foreclosure but has recently been purchased. To date, the total fine accrued is $7,425.00 with accrued attorney fees of $3,217.50. David and Lisa Feltenberger, the new property owners, requested a fine reduction to ten percent of the total fine. The City recommended $3,985.00, which is the ten percent of the accrued fine, attorney fees, and the administrative fee. The property owners contested the amount and argued the billing of the attorney fees was inaccurate based on the information provided. It was requested by both parties to defer the Case to the next Hearing to allow the City and property owners time to resolve the attorney fees issue. Special Magistrate Azcona deferred Case No. 190215011 to the next scheduled Hearing. March 09, 2021 Code Enforcement Hearing, Page 1 of 2 VI. FINE REDUCTIONS REQUESTS CONTINUED B. Case No. 200312003; Bella Rose Day Description: Lots 11 and 12 of Block 143, Okeechobee County public records]. Vio 30, Sections 30-43 Public nuisances, beautification. Spa, 311 Northeast 2"d Street [Legal OKEECHOBEE, Plat Book 5, Page 5, lation of Code of Ordinances Chapter and 30-44 General cleaning and Code Officer Smith testified a Courtesy Card was mailed on March 12, 2020, for violation of Chapter 30, Sections 30-43 and 30-44, and operating a business without a Business Tax Receipt. A Statement of Violation/Notice of Hearing was sent and signed for by Hailey M. The second Statement of Violation/Notice of Hearing was sent out on June 29, 2020, for the cancellation of the July Hearing due to illness; it was signed for by Amanda Markham. A third Statement of Violation/Notice of Hearing was mailed July 16, 2020, for the August Hearing and was signed for by Hailey M. This Case was found in violation on August 11, 2020. A fine of $100.00 per day after 14 days proper notification and a$50.00 administrative fee was imposed. The property was inspected and found to be non-compliant on August 19, 2020, and September 10� 2020. A Lien/Order was filed and mailed on September 22, 2020; it was signed for by Hailey M. on October 13, 2020, the fine began to accrue. A 90-day Letter was sent on January 15, 2021. Mrs. Rose submitted a request for a fine reduction on January 22, 2021. A fourth Statement of Violation/Notice of Hearing was hand delivered on March 5, 2021 after several attempts to contact Mr. Rose. The property was brought into compliance [insert date here], leaving an accrued fine of $14,600.00. The City recommended a fifty-percent reduction plus a$50.00 administrative fee. Mr. Rose requested that the Fine be reduced to $0.00, as he was unaware of the violations until later in the Case. Based on the evidence provided, Special Magistrate Azcona reserved ruling until the next day to review all evidence. Special Magistrate Azcona's report concluded that the fifty-percent reduction of the total fine was more than reasonable and fair under the facts and circumstances presented, and such reduction is in the best interest of the City of Okeechobee. All administrative fees previously assessed should remain. The Respondent should arrange a payment plan to pay the fines and fees within a reasonable time. C. Case No. 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street [Legal Description: Lots 1 through 12 of Block 155, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. City Attorney Kowalsky testified the City and Walgreens have agreed to $9,920.00 which is a reduction from the original fine that was due. Due to no response from the property owner, a demand letter with an attached complaint was sent. Mr. Mark Rouer, the Walgreens representative, agreed there was a breakdown in communication. Walgreens prides itself on being a good business partner with the City and has brought the grounds into compliance. Based on the evidence provided, Special Magistrate Azcona ruled a settlement had been reached on Case No. 17-040. VII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7:05 P.M. ATTEST: Christina Curl Roger Azcona, Special Magistrate 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. March 09, 2021 Code Enforcement Hearing, Page 2 of 2 � � HEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appearea� Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published. in Ok:,ecl:o�ee Co;�nty��, ° F orida, that the attached copy of ar_ advertisement being a a a ; �"�,� o c� _ � �"i -� �� _�E�.._- L—.'' �. in the matter of � ��'': ��:"�. �_ -�'__ ��''�r��t;�� _�'.��,��a�Q`�� ! B, i\.. . � 1... 1... C 1_- „ y in the 19th Judicial'�istrict of the Circuit Court `o� Okeechobee County, Florida, was published in said newspaper in the issues of r� �� Affiant further says that the said Lake Olceechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeeehobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of ad�ertisement, and affiant further says that she 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. %� �., � `- G�� Katrina Elsken Muros Sworn to and.s�bscribed l�e ore, me this� d'� �, -� J'�E"t.=� dayof �'�� "d.q.�f,. �•''� ��.�r:��, � AD Notary Public, State of Florida at Large �.�-- cTnroFo� QDDE ENFnRCEMENT � NOTICE SPEQAL MAGLSIRATE HEARING �:,»,e aryaa�ea�e coae . mrdiXYaPu�ha�iSonMar.9,2021,6��ras�s�on�as v�and�aYl-�A,SSSE3idA�,RmZOD,O�,RThe 5h- g�a m �m,a. me � �„�✓ �e � r�orc, �`�e s�,,,�� a �i � a,� mde r,ro�re„c ��Sa�ae�c �n�id you n�nd to srow arry aonnr�nk pm„e, �,p�, �,am�ryofihe �h�oropparibnmaryhynontle c�r�ro�r,�c +��ta�ar.e.�o,am»m�c��a�n,� a+c To nvveN. ar,,, �„�,,,�°h's � arrr aeR.9or� oE� m�N�mr�deimattl�tsrnaef�y�q�m� �r� of tlie proo�ix� k rtdde ard tlte remrd krlides tlie �11�evklal� �KG P� vAhd�iii�� r� vRh tlie �ypry � n tltisproaaLrgshab] cor�ctthe�cnde� �tt�tion m pary � atsFiesda�ys��m p��,N�'ed: Rada Re�'� 7-� �,rthan f�ar BE IN ARTfE(�ANCE A i}4S�� 7}�� -'`��Y � STA7E PUBIIC NOTICE REQIliRQ+IQ,�iS AND S1N�57'QNE By: lmlz�t 1�n. Po6ce QtieJ ..�....�.,...--. ••'pYP�'• ANGIEBRIDGES `;iot� . ..�.c+s ;�: ,,: MY COMMISSlON # GG 971582 :�'• ,��o = EXPIRES: April 20, 2024 "�F�; F;;°Q�` Bonded Thru Notary Publlc Undenwriters -v��y°�m PUBLIC NOTICE i�� ." �� .� � . ,,= °, _ � � �� ,� . . �� v. - �,�.� , �� ,.' � � 1�` � NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforcement Special Magistrate will conduct a public hearing on Tuesday, April 13, 2021, 6:30 at PM, or as soon thereafter as possible at City Hall, 55 SE 3�d Avenue, Council Chamber, Room 200, Okeechobee, Florida. The public is invited and encouraged to attend. The agenda may be obtained from the City website cityofokeechobee.com/agendas.html. BE ADVISED that should you intend to show any document, picture, video or items to the Special Magistrate in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Code Enforcement Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Code Enforcement Office in person or call 863-763-9802, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NUTICE REQUIREMENTS AND SUNSHINE LAWS. By: Bob Peterson, Police Chief Posfed: 3/26/2021-BJ CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 9, 2021 HANDWRITTEN MINUTES BY BOBBIE JENKINS I. CALL TO ORDER CALLED TO ORDER AT 630PM A. Pledge of Allegiance II. ATTENDANCE Special Magistrate Roger Azcona, Esquire PRESENT City Attorney Carlyn Kowalsky PRESENT Police Lieutenant Justin Bernst PRESENT Code Enforcement Officer Anthony Smith PRESENT Assistant Code Enforcement Officer Christina Curl PRESENT Deputy City Clerk Bobbie Jenkins PRESENT III. CHANGES TO AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. CK-we would like to move up VI.0 otherwise known as walgreens, in agreement. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Approve the January 12, 2021 Hearing Minutes. approved B. Administration of Oath. RA administered the Oath of Office to Mr. and Mrs. Feltenberger, Mr. Bill Rose, and walgreens people. V. CASES COMPLIED, CONTINUED, OR AMENDED A. Case Number 210210008; Lane, Sam. — deferred, has not come into compliance, will be heard at next hearing. B. Case Number 210112019; Nafal, Zaben Omar — came into compliance, noted for the records. VI. FINE REDUCTION REQUESTS A. Case Number 190215011; Barbara Mills, 1206 Southwest 5t'' Avenue, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled Vehicle, Section 30-43 Public Nuisances, and 30-44 General Cleaning and Beautification. CK-this case is for, we had two actually pending against this property owner. One was a commercial property and one was a residential property. This is the residential property. The case was in foreclosure, the property has been purchased. City accrued attorney fees of 3217.50 and those attorney bills are attached to the packet there. So the city is recommending to reduce the fine that was owed, 7425.00, the new property owner has requested a reduction of that fine to 10°/a of the total fine. The city is amenable to that, they just want to get the cost covered. Including attorney's fees, will end up being a little over half of the accrued fine. The amount assessed per day is low, the total amount of the lien is due 7425.00, so the city is recommending the total amount of the fine reduction to be 3985.00 which is the 10% plus attorney's fees, and the administrative fee. The new property owner is here tonight and want to contest the city's recommendation. Ra-what would you like me to consider Lisa Feltenberger/David: I've been in contact with the administrator and chief about how we move forward from here, the way it's been in the past, you couldn't begin billing before it went into foreclosure. It is my understanding the city has already absorbed the costs. If you put the city's billing against the billing of the property owner is duplicated. David-we are also being billed for a foreclosure on the commercial property. They cleaned that up after they were contacted. Then they billed for putting the foreclosure on the home. And there is some other double billing on talking to Fred Sterling for $275. The homeowner was billed for talking to city employees. They billed the property owner for contacting us. David-we have met with City Council Bobby Keefe, administrator, and chief of police. We contacted the administrator last week. As of yet, we would like to have it deferred one more time. Lise-conversation with chief, this is new ground. He really didn't know how to move forwarded. RA-first of all the total amount is 10% plus attorney fees. The city is recommending it be reduced to $745. Do you have an objection? David-no RA-the attorney's fees have been paid on the particular amount. Lisa-the city pays the attorney a flat rate per month up until the point of foreclosure. Then they start building the city or homeowner. There is a certain amount of things. David-$9500 or something RA-anything else. City attorney for rebuttal CK-quite surprise and caught off guard. I'm not opposed to deferral because I think, I feel a little bit like I'm defending the police. They pay us a flat fee up to the magistrate. Once foreclosure filed, litigation fees are on the invoice. I would like to have the opportunity for everyone to review the bill. David-you are correct, you did give this to us. Lisa-billing began in October, foreclosure was filed in December. David-Greg started billing on a foreclosure on a commercial property. CK-if there is a mistake, we will correct that. The city has occurred these fees and its not fair for them to cover the costs. RA-I could rule on this today but based on the recommendation, we can defer this for one more hearing, so the city and feltenbergers can work this out. Lisa-can we resolve this now CK-if you would have came earlier. Lisa-deferral would be great. RA-I will let you all resolve that. So we will defer this case to the next hearing. B. Case Number 200312003; Bella Rose Day Spa, 311 Northeast 2"d Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-43 Public Nuisance and 30-44 General Cleaning and Beautification. CK-ask CE Smith to tell us what's transpired with the case. AS-started March 12, 2020, courtesy card sent for violation of 30-43 and 30-44, also operating without a BTR, statement of violation, notice of hearing was sent and signed by M Haley, property was inspected several times before the hearing 2"d notice sent out in June for the hearing in July and signed by Amanda. A letter was sent regarding cancellation of ineeting. July 16 for august 11 hearing, signed by M. Haley. Photos of property. Case was found in violation on Aug. 11. $100 per day after 14 days proper notification. August 19th still not in compliance, sept 10t'' still not in compliance. Lien Order was filed and mailed and signed by Hailey M again. 10/13/2020 fine started. When I came on board in January sent a 90-day letter. 9050. Ms. Rose requested a fine reduction to zero. Hand delivered notice on March 5th after several attempts to contact him. We've talked extensively. Bring property into compliance. Without the property coming into compliance, fine can't be reduced. Property is now in compliance. 14600 fine has accrued. RA-the total amount is $14600 or 50%, so if the city is asking for 50% reduction 7300 plus administrative fee $50. And I can see all the violations have been there on several occasions. Have they come into compliance now? And how long did it take. AS-March 2020 to March 9th, 2021, almost a year. RA-how many times inspected? AS-several times, 5 times in March, at least once a month. RA-anyone from the public. William Rose-this is new to me because all of these things that were given to Haley M, she's just a front desk clerk. Fred would drive by and take pictures, occasionally he would drive off, when I would wave him down. I get deliveries daily; I work from 5 in the morning to dark every day. Deliveries got delivered and that's when he took the pictures. He would never come talk to me. He finally answered and told me I can't have packages there. Now I here all of these are going to Haley M. I never got it. I rarely go inside the front; I go around back. Now since September I have hired a FT person to put away deliveries. I went down to the City PD, I met with Melissa Close and explained to her what's going on, I resolved the issue, FT person keeps the area clean. I asked about having a fence, she said that would be a great idea. I did file for a fence permit. She says I will put you in compliance. That was that I thought it was done. Mr. Smith came by; told me I had a large fine. I have supporting documentation showing that I filed a permit for a fence. We've had to shut our business down more than a month for COVID. Then I was hit with this, after I met with Melissa. I did my part to bring it into compliance. Fred Sterling just wanted to give me a hard time. He would drive my building every single day. Look for something good the businesses are doing. RA-this has been going on for a year. BR-in September/October. RA-this is the first time I've seen you. BR-I never got it. RA-but the law only requires properly posted, certified return receipt signed, pictures taken. BR-my problem is that the girl is just an employee and it was never given to me. RA-ask the city if they have anything else to add. Did you have a chance to speak to Mr. Sterling or Melissa in this case. AS-he felt like he didn't want to solve the problem and that you all were being defiant. CK-the only thing I would add here is that the city complied with legal requirements and it was properly posted. Reduce by half. RA-consider a deferral to work out a reduction. CK_i don't think there would be anything to add. The property was in non- compliance. RA-I'll reserve ruling on this and have ruling by tomorrow. The city will forward the notice to you. BR-do we have to pay it in one lump sum because we don't have that type of money. RA-resolve in some kind of a payment plan, and if it not something you can work with, then it can be recommended to council. Anything else you'd like me to consider. BR-I've done business for a long time in this town. Why couldn't he walk in and give me the information. I felt singled out. We're trying to create a good environment for citizens. I got the situation resolved. Fence going in. RA-does the city intend to present testimony of mr sterling. CK-city does not intend to call past employees. C. Case Number 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-44 General Cleaning and Beautification and Section 30-44 Public Nuisance. CK-otherwise known as walgreens, reached an agreement on the fine reduction, contained in evidence put in front of you. City and walgreens agreed to 9920.00 which is a reduction from the original fine that was due. Historically the communications weren't getting to the right people, that's why the fines escalated. The city sent a demand letter with an attached complaint, got to the right person. Mark-so like she said, the communication, not here in 2017 when this originated. Want to be a good business partner with the city have brought the grounds into compliance. Here want to make it right. RA-satisfied with the agreement Mark-yes RA-settlement has been reached in this case. CK-they have signed it, VII. ADJOURN MEETING The Hearing was adjourned at 705 PM CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING MARCH 9, 2021 HANDWRITTEN MINUTES BY CHRISTINA CURL I. CALL TO ORDER A. Pledge of Allegiance RA Called hearing to order at 6:30 pm II. ATTENDANCE Special Magistrate Roger Azcona, Esquire present City Attorney Carlyn Kowalsky present Police Lieutenant Justin Bernst present Code Enforcement Officer Anthony Smith present Assistant Code Enforcement Officer Christina Curl present Deputy City Clerk Bobbie Jenkins present III. CHANGES TO AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. CK-move up item VI C Okeechobee Park St LLC, Walgreens. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Approve the January 12, 2021 Hearing Minutes. RA Approval of mins B. Administration of Oath. By RA David and Lisa Feltenberger, William Rose and Mark Rouer V. CASES COMPLIED, CONTINUED, OR AMENDED A. Case Number 210210008; Lane,Sam. Would like it deferred to next meeting they are not in compliance. B. Case Number 210112019; Nafal, Zaben Omar- came into compliance note it for the record. VI. FINE REDUCTION REQUESTS A. Case Number 190215011; Barbara Mills, 1206 Southwest 5th Avenue, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled Vehicle, Section 30-43 Public Nuisances, and 30-44 General Cleaning and Beautification. CK-this case is for, we actually had two cases pending against this property owner one commercial and one residential. This is the residential property, case was in foreclosure and the attorney fees are attached. City has recommended to reduce the fine 7425.00 has requested a reduction of 10 % they city is fine with that but we also need to collect the attorney fees. The amount of the fine is quite low but it went on for some time. It accrued up to 7425.00 city is requesting the fine be reduced to 3985.00 which is the 10 percent plus the attorney fees. Lisa and David Feltenberger. Lisa I have been in contact with the Chief of Police how we can move forward. In the past to bill the attorney fees until the foreclosure. City began to bill the attorney fees before the foreclosure David we are also being billed for the commercial property that has since been cleaned up. There is also been some double billing. I was charged 175 to talk to them about buying the property. Lisa the foreclosure was filed the same day that we purchased the property. We contacted Bobby Keefe and he didn't know where to go from there David requested that it deferred to the next meeting. RA the fine has been reduced to 745.00 which is 10 percent. The attorney fees. LF the city pays the city a set cost up to a certain amount that covers a certain amount of things. David up to 9500 a month. CK-first of all I am a bit surprised it is catching me off guard. I am not opposed to having deferral I am in a position we I am asked to defend the fees they city council was correct we are paid a certain amount I sent you a bill and have not heard back from you. DF you did give us a bill and that is we made an appointment with the city administrator. David the other attorney Greg began billing on the commercial property. CK I will be glad to review and make a correction if there is one. RA we can defer this one more hearing and see if an agreement if there is no solution then I will make a recommendation at that point. CK at this point there is nothing else to do but deferred. RA we will defer it and see if anything can be worked Deferred to the next meeting. B. Case Number 200312003; Bella Rose Day Spa, 311 Northeast 2�d Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-43 Public Nuisance and 30-44 General Cleaning and Beautification. CK-I would like C/O Smith to tell us about the case. AS started back in 2020 a courtesy card was sent CH 30-43 and 30-44 operating without a BTR. SOV/NOH was sent in March for April hearing property was inspected several times before the hearing SOV/NOH sent out signed by Amanda. 3�d notice sent out July 16 for Aug hearing signed by Hailey property was still not in compliance. Case was in front of the Magistrate and found in violation. Property inspected and still not in compliance fine started 10/13/2020 we I came on board I sent a 90 Day Letter fine reduction received by Mrs. Rose another SOV/NOH was hand delivered we talked in front of the office and told him to come into compliance fine total 14600.00. RA the total amount is 14600.00 the city is asking for 50 percent reduction plus admin fee. I see the violation has been there. How long has it been out of compliance? AS almost a year. It was inspected at least once a month. William Rose I understand the states position. Everything that was given to Hailey she is just a front desk clerk. I would see Fred parked across the street and take pictures I would try to flag him in I get deliveries every day, and they sit out until I get back in town. I caught up with him finally and asked him what is going on. I hear all these notices going to Hailey M and I never got them. I hardly ever go inside the building. In September I hired a person to set out back to handle the delivers. I did receive one notice that I was going to get fined 100 a day I came into spoke to Melissa Close and asked if he could put a fence in the back, she said that would be great and she would put him into compliance and she went MIA and nothing ever got put into records. We have a spa and salon, and we try to make something nice for the people of Okeechobee. We have all got hit by covid and we had to close for a month. I feel Fred Sterling would go by my business every day. RA this has been going on for a year. BR-it was never given to me. RA I had a hearing and proper posting. BR I never got it and I would never try to do this. RA I see the proof of the posting and notification RA you are asking for your fines to be totally wiped out. AS-He was admitted that the fines were good he felt like you did not want to solve the problem. CK the city complied with the proper notices. The city is in agreement to reduce the fine by half. RA is the city willing to defer to try to work out a reduction. CK I see this is it. RA I will have a ruling on this case tomorrow. I want to look at it closely. BR if they come to an amount is it to be paid in one lump sum. RA I will let you work that out with the city. BR when I was hearing this stuff, I was shocked. Why can't they come into the business and tell someone? I have been in business and try to create a nice place for people to come. I was not trying to be out of compliance. I have a fence going in this week. CK they city does not intend to call pass employees. C. Case Number 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-44 General Cleaning and Beautification and Section 30-44 Public Nuisance. CK-Case # 17-040- we have reps from Walgreens tonight we have 9920.reduction from the original fine that was due. We had a problem with communication in the beginning and the City sent a letter. Mark communication was an issue in 2017 we would like to be a good business partner for the city. RA you and your client is satisfied with the recommendation. Mark we are in agreement CK- it is in the packet and they have signed it. VII. ADJOURN MEETING The Hearing was adjourned at 7:05 pm. CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, F�oR��a 34974 OFFICIAL AGENDA MARCH 9, 2021 6:30 P.M. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE Special Magistrate Roger Azcona, Esquire City Attorney Carlyn Kowalsky Police Lieutenant Justin Bernst Code Enforcement Officer Anthony Smith Assistant Code Enforcement Officer Christina Curl III. CHANGES TO AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Approve the January 12, 2021 Hearing Minutes. B. Administration of Oath. V. CASES COMPLIED, CONTINUED, OR AMENDED A. Case Number 210210008; Lane,Sam. B. Case Number 210112019; Nafal, Zaben Omar VI. FINE REDUCTION REQUESTS A. Case Number 190215011; Barbara Mills, 1206 Southwest 5th Avenue, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled Vehicle, Section 30-43 Public Nuisances, and 30-44 General Cleaning and Beautification. B. Case Number 200312003; Bella Rose Day Spa, 311 Northeast 2"d Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-43 Public Nuisance and 30-44 General Cleaning and Beautification. C. Case Number 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-44 General Cleaning and Beautification and Section 30-44 Public Nuisance. VII. ADJOURN MEETING PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Special Magistrate with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the Board Secretary no later than two business days prior to proceeding, 863-763-3372 ext. 9802. BE ADVISED that should you intend to show any document, picture, video, or item to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the Ciry's records. CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, F�oR��A 34974 OFFICIAL AGENDA MARCH 9, 2021 6:30 P.M. I. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE Special Magistrate Roger Azcona, Esquire City Attorney Carlyn Kowalsky Police Lieutenant Justin Bernst Code Enforcement Officer Anthony Smith Assistant Code Enforcement Officer Christina Curl III. CHANGES TO AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Approve the January 12, 2021 Hearing Minutes. B. Administration of Oath. V. CASES COMPLIED, CONTINUED, OR AMENDED A. Case Number 210210008; Lane,Sam. B. Case Number 210112019; Nafal, Zaben Omar VI. FINE REDUCTION REQUESTS A. Case Number 190215011; Barbara Mills, 1206 Southwest 5t" Avenue, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled Vehicle, Section 30-43 Public Nuisances, and 30-44 General Cleaning and Beautification. B. Case Number 200312003; Bella Rose Day Spa, 311 Northeast 2"d Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-43 Public Nuisance and 30-44 General Cleaning and Beautification. C. Case Number 17-040; Okeechobee Park Street, LLC, 100 Northwest Park Street, Okeechobee. Violation of Code of Ordinances Chapter 30, Section 30-44 General Cleaning and Beautification and Section 30-44 Public Nuisance. VI1. ADJOURN MEETING PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Special Magistrate with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the Board Secretary no later than two business days prior to proceeding, 863-763-3372 ext. 9802. BE ADVISED that should you intend to show any document, picture, video, or item to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. Code Enforcement Hearing March 9, 2021 Case Name & Number: Sam Lane, Case # 210210008 Violation, Number & Section: CH 30 Sec: 30-44-General Cleaning & Beautification CH 30 Sec: 30-41-Abandoned/Inoperable Vehicle. Description of Violation: Grass needs to be mowed and the abandoned/inoperable vehicle needs to be moved. Photos: Attached Date of Courtesy Card/NOV sent: Sent Courtesy Card on February 10, 2021 Is respondent a Repeat Violator? No History of Case• Overgrown grass and weeds. Inoperable motorhome needs to be moved. City Recommendation: Property still not in compliance. SOV/NOV mailed to property owner on March 4, 2021 for April 13, 2021 Code Enforcement Hearing. Code Enforcement Hearing March 9, 2021 Case Name & Number: Omar Nafal Zaben, Case #210112019 Violation, Number & Section: CH 30 Sec: 30-43-Public Nuisance CH 30 Sec 30-44- General Cleaning and Beautification Description of Violation: Neighbor complained about the dumpster overflowing, debris/garbage scattered throughout the neighborhood. Photos: Photos in file Date of Courtesy Card/NOV sent: SOV/NOH mailed on January 13, 2021 Is respondent a Repeat Violator? No History of Case: Dumpster overflowing, debris scattered throughout the neighborhood, people sleeping on fence. Citv Recommendation: Property owner came into compliance on March 3, 2021. Just note for the record that that if they come into violation again, they will be repeat offenders. Code Enforcement Hearing March 9, 2021 Case Name & Number: Barbara Mills, Case #190215011 Violation, Number & Section: CH 30 Sec 30-41 Disabled vehicles CH 30 Sec 30-43 Public nuisance CH 30 Sec 30-44 General cleaning and beautification Description of Violation: One abandoned vehicle and overgrown weeds, grass, bushes, or shrubs Photos• Photos in file Date of Courtesv Card/NOV sent: Courtesy Card mailed February 5, 2019. NOV mailed February 15, 2019. SOV/NOH mailed July 10, 2019. Is respondent a Repeat Violator? Yes History of Case: Case had existing lien when property was purchased by David & Lisa Feltenberger. Property was immediately brought into compliance. The Feltenberger's are requesting a fine reduction. Citv Recommendation: Staff recommends 10% of fine, $25.00 administrative fee plus attorney fees Fine total is $7,425.00 plus attorney fees of $3,217.50 Case #190215011, Barbara Mills/ David Feltenberger Date Event/Document Property Owner & Barbara Mills Address 1206 SW 5`h Ave, Okeechobee, FL. 34974 Sharon Mills-Granddaughter Phone #(843) 607-1863. Email- smillsnope@aol.com January 18, 2019 Violation of CH 30 Sec 30-41-Dasabled vehicles, Sec 30-43-Public nuisance, Sec 30-44- General cleaning and beautification. Property had one abandoned vehicle and overgrown weeds, grass, bushes, or shrubs A courtesy card was sent out on February 05, 2019 February 15, 2019 A notice of Violation was mailed Certified Mail Retu�ned Receipt. Was not returned July 10, 2019 A Statement of Violation and Notice of Hearing was mailed Certified Return Receipt. Was returned unable to forward August 1, 2019 The Property was posted for the Special Magistrate Hearing to be held on August 13, 2019 August 13, 2019 This property was presented to the Special Magistrate and was found to be in violation. A fine of $15.00 a day to start immediately and after 90 days if nothing had been done start the foreclosure process. A $25.00 Admin fee was also imposed. (Repeat Violator) Property was posted with the Lien/Order September 27, The Lien Order was filed, and the Fine began 2019 November 11, Statement of Violation and Notice of Hearing was mailed out certified 2019 return receipt and was returned unclaimed for the December Hearing to get recommendation to go to City Council for Foreclosure. December 4, 2019 Property inspected, still not in compliance. Photos in file. December 10, Typed up a letter of recommendation for the City Council to Approve the 2019 foreclosure process. Found out the property is a homestead and we can not foreclose on it. September 22, Statement of Violation and Notice of Hearing was mailed out certified 2020 return receipt and was returned unclaimed, property vacant, unable to forward. Mrs. Mill has since passed. Fred found out that after the 1St of 2021 the homestead exemption will be obsolete. Case #190215011, Barbara Mills/ David Feltenberger Date Event/Document September 30, Property is still in violation and owes a total of $6,220.00 as of 9/30/2020. 2020 ' October 7, 2020 Property inspected, still not in compliance, photos in file. November 12, Attorney Greg Hyden drafted a Satisfaction of Claim for Circuit Court Case 2020 Number: 20-14 CA 249 has been satisfied and that a Stipulation and Joint Motion for Dismissal with Prejudice has been filed in the City of Okeechobee, Florida v. Barbara G Mills. December 18, Personal Representative's Deed was recorded stating that on 2020 December 16, 2020 Richard E Mills sold the property to David and Lisa Feltenberger in the sum o� ten dollars. December 18, Attorney Greg Hyden emailed Code Officer Sterling asking who Mr. Mills 2020 sold the property to because it appears, he sold the property without addressing the municipal lien and attorney's fees. Attorney Greg Hyden was able to contact Mr. Feltenberger. He took the property subject to the existing lien. December 18, Attorney Greg Hyden received an email from Richard Mills advising that 2020 the property at issue had been sold and a deed was recorded. Mr. Mills requested that attorneys file dismissal of this action before Sunday December 20, 2020. December 18, Letter sent to Richard Mills reference to his Motion to Strike Notice of Lis 2020 Pendens. January 4, 2021 Email from attorney Grey Hyden asking if the property was in full compliance, the City will need to decide whether (a) to substitute in the new owner as a party to the case or (b) dismiss the existing Mills foreclosure. Code Officer Sterling advised to dismiss the foreclosure on the Mills property. January 5, 2021 Satisfaction of Claim giving notice that its Claim stemming the Lien/Order entered against Barbara Mills which is subject to Foreclosure action has been satisfied and that Notice of Dismissal has been filed for Circuit Court Case Number 472020CC000194CCAXMX. January 11, 2021 Received request for Fine Reduction from David Feltenberger. Requesting that the fine be reduced from $7,425.00 to $742.50 February 26, 2021 Statement of Violation/Notice of Hearing hand delivered to David Feltenberger on March 1, 2021 for the March 9, 2021 Hearing. 'l4 � _ � `y4� �. t � �� _ b . \I ,H��4�. n� /l City of Okeechobee Code Enforcement 50 SE 2rd Str2e't Okeechobee, Florida 34974 (863)763-9795 RECEIPT (If Seraed by Hand Delivery} I have r�ceived a copy af the Statemenf o# Vioiatir�n and Notice of Hearing that wili be held in this cause before the City of OkeeLhobee Code Enforcement Magistrate on March 9, 2�21 at 6:30 PM., located at �5 SE 3rd Ave, Okeechobee City Hali, Okeechabee, FL. 34974 in Council Ghambers. .� � ._._��:.---; roperty/Busin�ss . ner Signature ,� i � r ) r-\v' ; C ��: � t {�rl� � i �� (" Property Owner Name (Printed} J�;� i� Z C- Z. ! Date � C�f� �,� �; �'�' .�.. ��St�C�lOI?�� , K.E a�,... G POt CE . — Okeechobee Police Code Enforcement a;�`; � ��'�?��F_� �� 50 SE 2nd Ave Okeechobee Florida 34974 � CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Barbara Mills/David Feltenberger 863-763-9795 Phone 863-763-7804 FAX Date 02/26/2021 CASE NO. 190215011 STATEMEIVT OF VIOLATION ANB NOT'ICE 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 30-41, 30-43 & 30-44 2. Address and Parcel# where violation exists: 1206 SW 5th AVe 3-21-37-35-0080-00010-0030 3. Name and address of property owner or person in charge of location where violation exists: Barbara Mills/David Feltenberger: 1206 SW 5th Ave 4. Description ofviolation: Place needs to be mowed and debris cleaned up also property has an abandoned vehicle. 5. Date violation must be corrected by�eb 1, 2019 6. Date violation first observed on or about1 /18/19 Unless Respondent comects 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 9th day March 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 thatany evidence presented to the Magistrate for his consideration will be retained by Code Cornpliance Department. you fail to a pear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. � � Anthony Smith Code Enforcement 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 verbatun 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 Enforcemeat 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 apelaz 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. Okeechobee Citv. Florida Code Comaliance Denartment IN RE: The Matter of , Complaint # � (� I i/D �+ hc� �. 'n'L�,l� Respondent(s) Repuest for Reduction of Accrued Fine I, �/ 1 d- �P,'�liC'ii �.riereby request a reduction of a fine imposed in the above referenced case and in support thereof would state the foll�formation: �. My name and current mailing address are: . .f ► c .I r '.[� `� � "�L. . � ' ' .L - " 2. Physical address of the property which was the subject of the violation: 1 �`b� , �� -v� ��.�,� �, h�.�� F�. ��9�� 3. A Fine in the amount of $ 1 �� per day was imposed on the following date: J 4. The violatio were rrected, and I was advised that the property came into compliance on the following date: �� '� �o � z� � . �J. I am requesting that the accrued fine be reduced from $ %�� To: � � C� 6. The accrued fine amount should be reduced because: ��` � i 1 � I � �, � �. � 1, _ fi_. :.� t � 1(, I l _ � 7. I Understand That 1 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 �p r in my place: =�. ?--�,�� .�,� Signature of Respondent Signature of Respondent Date: / ' � � — Z � Date: The forgoing instrume t was sworn to (or affirmed) and subscribed before me, by means of �physical presence or online notarization this �_ day of �� 20 c-�� By 1 � Y�. P�% Grnd who produced as identification. Signature of Notary Public — State of Florida � PrinUType/Stamped Name of Notary =o,►+" � Notary Publ�c State of Flondz , Christina Curl My commission expires: �� I ,. • My Comm�ss,on GG t6�2oo 'g a F� Expves 1 v16l202'1 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA CASENO. �Ci(`j��-�`J�(I CITY OF OKEECHOBEE, . I��I�I ��1�� fll! ��) Nl�i d�� i��f II�I F= 7i ��' 6�1 �A h@ "�' eJt y^f �J 1 e_r o i r'e'� PETITIONER, �� c �': 4' � ,a 1 F° � � .a;- � g;�l;}{pt•i ji0l�`cF?lhQi�l; CI..EiiY t. Cf.II�F'7RUl.I..I=:R �7Y.EECEfOE•LE COUI+ITYr FLORIDA -vs- fiECORDED �]9/27/2�714 f1:Ug:4.4 AM •-Ci�t?DTl�dr -c�-� ,,?;�„yi7 tt!:i;RR�Et? t;Y� P'iJC'•in�n RESPONDENT, ��s 54� -- 5�r4; c2 Pqs) Barbara Mills / LIEN / ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on Au�ust 13 , 20 19 . After due notice to the respondent, the Boazd having heazd evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 3 Blk: Section: SW Parcel: 3-21-37-3 5-0080-00010-0030 Property location: 1206 SW 5`h Ave Property owner: Bazbara Mills B. CONCLUSIONS OF LAW: The owner of the property described above has been found inviolation of: Overgrown Vegetation, Clear Debris And Disabled Vehicle C. ORDER: The Ciry of Okeechobee Code Enforceme.nt Special Magistrate has determined you have violated the Code of Ordinances Ch 30 Sec 30-44. 30-43 & 30-41 concerning your property located at 1206 S W 5�' Ave Okeechobee FL . If you do not conect the violation immediatelv followine proper notification after 90 da s��start foreclosure nrocess , or notify the Code Enforcement O�cer of the conection, the Magistrate imposes a fine of $ 15.00 ner day, Also a onetime fee of 25.00 for administrative fees, commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correcrion, 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 thiriy days, to appeal this finding and order by Writ of Certiorazi 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�� day of 1 , 20 19 . CITY OF OKEECHOBEE, Petitioner ��(a,1C� �i.1,�5 Respondent CODE ENFORCEMENT City of Okeechobee, Florida �� S�ecial Magistra e ' G ( � � -� r -. od Enfor ement Of ATTEST: L+I�Li.I�'JC�.I� ( Q.l �!1 G Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeazed before me the undersigned authority, RoEer Azcona , _ Fred Sterling �_and Melissa Close wel] known to me and known by me to be the Code Enforcement Special Magistrate, Code Enforcement Officer and Recording Secretazy, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT. SWORN TO AND SUBSCRIBED before me this l� `'/��day of L" �� ,20 l`% �.,,;; , �"% , �=_',. r�-�r�.� `��%tr '1L2�:�.Gc =��:.L_ N,bTAR�I' PUBLIC My Commission expires: _�`"•"•`�"°�� CYSUECHRISTOPHER MY COMMISSION q FF 967472 m EXPIRES:Apri113,2020 °jeQ�� eaMeamueuagelNowyseMcm Please retum to: City of Okeechobee Code Enforcement 55 SE 3rdAvenue Okeechobee, FL 34974 (863)357-1971 Date Hard Cost 11/10/2020 11/16/2020 Nason Yeager Gerson Harris & Fumero, P.A. Listing Prof Matter ID/Client Sort Task Units Price Value Matter Description Code Narrative 12095-26577.004/ City of Okeechobee FILIN CITY OF OKEECHOBEE / V. GFEE BARBARA MILLS (RESIDENTIAL) Made Payable to: Eportal Filing 12095-26577.004/ City of Okeechobee SERVI CITY OF OKEECHOBEE / V. CE BARBARA MII.LS (RESIDENTIAL) Made Payable to: Majestic Process (Summons on Richard E. Mills) Hard Cost Fee 09/22/2020 RGH 12095-26577.004/ City of Okeechobee T CITY OF OKEECHOBEE / V. BARBARA NID.LS (RESIDENTIAL) Receive email from client regarding Bazabara Mills; review the death certif'icate; review the Palm Beach County dockets to see if she has an open Estate; draft emails in reply 10/22/2020 RGH 12095-26577.004/ City of Okeechobee T CTTY OF OKEECHOBEE / V. BARBARA MII.LS (RESIDENTIAL) Receive emails from the probate attorney; review docket; draft emails in reply 10/23/2020 RGH 12095-26577.004/ City of Okeechobee T CTTY OF OKEECHOBEE / V. BARBARA MII,I,S (RESIDENTIAL) Receive letter from the probate attomey; revew the pleadings 1.00 315.00 315.00 1.00 125.00 125.00 2.00 440.00 0.40 275.00 110.00 0.40 275.00 110.00 0.60 275.00 165.00 1/14/2021 5:20:01 PM Page 1 of 5 matter id'12095-26577.004' Nason Yeager Gerson Harris & Fumero, P.A. Listing Date Prof Matter ID/Client Sort Task Units Price Value Matter Description Code Narrative 10/29/2020 RGH 12095-2657�.004/ City of Okeechobee T 0.10 0.00 0.00 CTTY OF OKEECHOBEE / V. BARBARA MII.,LS (RESIDENTIAL) Receive letter from the Probate Attorney; review the Norice to Creditors (No Charge) 10/30/2020 RGH 12095-26577.004/ City of Okeechobee T 030 275.00 82.50 CITY OF OKEECHOBEE / V. BARBARA MII,LS (RESIDENTIAL) Draft status to client 11/03/2020 11/OS/2020 11/06/2020 1l14/2021 5:20:01 PM RGH RGH [:Z�:7 12095-26577.004/ City of Okeechobee CITY OF OKEECHOBEE / V. BARBARA MII.LS (RESIDENTIAL) Draft Complaint for Foreclosure; draft Amended Statement of Claun and Statement of Claim; draft email to client regarding same 12095-26577.004/ City of Okeechobee CITY OF OKEECHOBEE / V. BARBARA MII.LS (RESIDENTIAL) Receive voicermail from Fred Sterling; return call; draft emails to him; receive call from Fred again; contact Ms. Ballanger and Mr. Feltinberger per Fred's request 12095-26577.004/ City of Okeechobee CITY OF OKEECHOBEE / V. BARBARA MII,LS (RESIDENTIAL) Draft email to client regarding the �davit and the Complaint; review and finalize the Notice of Heazing on the Motion for Default Final Judgment; finalize the Complaint; review and fmailze the Summons, Civil Covershet, Lis Pendens etc. T T T 1.50 0.70 0.80 275.00 275.00 275.00 412.50 192.50 220.00 Page 2 of 5 matter id'12095-26577.004' Nason Yeager Gerson Harris & Fumero, P.A. Listing Date Prof Matter ID/Client Sort Task Units Price Value Matter Description Code Narrative 11/06/2020 SJJ 12095-26577.004/ City of Okeechobee T 0.50 0.00 0.00 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Preparation of Civil Cover Sheet, Notice of Lis Pendens and Summons for Richazd E. Mills (No Charge) 11/10/2020 RGH 12095-26577.004/ City of Okeechobee T 0.20 0.00 0.00 CITY OF OKEECHOBEE / V. BARBARA MII.LS (RESIDENTIAL) Receive email from Fred Sterling; call him per his request (No Charge) 11/11/2020 RGH 12095-26577.004/ City of Okeechobee T 0.50 275.00 137.50 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Receive call from Mr. Mills; review email; conduct file review regarding same; draft email to client 11/16/2020 RGH 12095-26577.004/ City of Okeechobee T 0.10 0.00 0.00 CTfY OF OKEECHOBEE / V. BARBARA MII.,LS (RESIDENTIAL) Review and finalize the ROS (No Charge) 11/17/2020 RGH 12095-26577.004/City of Okeechobee T 1.50 275.00 412.50 CTTY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Draft Request for Admissions, Interrogatories and Request to Produce 11/18l2020 RGH 12095-26577.004/ City of Okeechobee T 0.10 275.00 27.50 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Receive call from Chris Mills regarding the remaining foreclosure case 1/14/2021 520:01 PM Page 3 of 5 matter id'12095-26577.004' Nason Yeager Gerson Harris & Fumero, P.A. Listing Date Prof Matter ID/Client Sort Task Units Price Value Matter Description Code Narrative 11/24/2020 RGH 12095-26577.004/ City of Okeechobee T 0.30 275.00 82.50 CTl'Y OF OKEECHOBEE / V. BARBARA MII,LS (RESIDENTIAL) Receive email from Richazd Mills regazding the extension of time; draft email to client and to Richard Mills in reply; receive responsive emails; draft replies; receive and review the proposed Agreed Order 11/30/2020 RGH 12095-26577.004/ City of Okeechobee T 0.10 275.00 27.50 CITY OF OKEECHOBEE / V. BARBARA MII.LS (RESIDENTIAL) Receive Order from the Court on the Enlargement of Time 12/17/2020 RGH 12095-26577.004/ City of Okeechobee T 1.70 275.00 467.50 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Receive and review the Motion to Strike; revise the Lis Pendens; conduct file review; draft Response in Opposition; receive and review the Reply 12/18/2020 RGH 12095-26577.004/ City of Okeechobee T 0.20 275.00 55.00 CITY OF OKEECHOBEE / V. BARBARA MII,LS (RESIDENTIAL) Reseazch Fla. Stat. 48.23; continue to � revise the Amended Lis Pendens and letter to Richazd Mills 12/18/2020 RGH 12095-26577.004/ City of Okeechobee T 0.20 275.00 55.00 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Receive email from Sharon Mills; review the new deed; draft email in reply 12/18/2020 RGH 12095-26577.004/ City of Okeechobee T 0.40 275.00 110.00 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Conduct call with Mr. Feltonberger 1/14/20215:20:01 PM Page 4 of 5 matter id '12095-26577.004' Nason Yeager Gerson Harris & Fumero, P.A. Listing Date Prof Matter ID/Client Sort Task Units Price Value Matter Description Code Narrative 12/21/2020 RGH 12095-26577.004/ City of Okeechobee T 0.30 275.00 82.50 CITY OF OKEECHOBEE / V. BARBARA MILLS (RESIDENTIAL) Receive voicemail from Richard Mills; receive email from Richard Mills; draft email in reply O1/04/2021 RGH 12095-26577.004! City of Okeechobee T 0.10 275.00 27.50 CTI'Y OF OKEECHOBEE / V. BARBARA MII..LS (RESIDENTIAL) Draft email to the client regarding status of settlement Ol/14/2021 RGH 12095-26577.004/ City of Okeechobee T 0.30 0.00 0.00 CITY OF OKEECHOBEE / V. BARBARA MILI.S (RESIDENTIAL) Review billing per client's request; notate which billing applied to which MIIIs matter (No Charge) Fee 1130 2,777.50 Grand Total: 13.30 $3,217.50 1/14/2021 5:20:01 PM Page 5 of 5 matter id'12095-26577.004' � Code Enforcement Hearing March 9, 2021 Case Name & Number: Bella Rose Day Spa, Case #200312003 Violation, Number & Section: CH 30 Sec 30-43- Public Nuisance CH 30 Sec 30-44- General Cleaning and Beautification Description of Violation: Debris all over the back of the spa and operating a business without a license Photos: Photos in file Date of Courtesv Card/NOV sent: 15Y-SOV/NOH mailed on March 12, 2020 for April hearing 2"a_SOV/NOH mailed on June 19, 2020 for July hearing- which was canceled. 3�d- SOV/NOH mailed on July 16, 2020 for August hearing. IS PESp011de11t 8 RepeSt V101at01"? No History of Case: Case was presented to the Special Magistrate on August 11, 2020, a fine imposed of $100.00 a day 14 days after proper notification. Lien filed on September 22, 2020. Fine started on October 13, 2020. 90 Day Letter mailed January 15, 2021. Fine Reduction was received on January 22, 2021. March S, 2021 SOV/NOH was hand delivered. Citv Recommendation: Staff recommends 50 % of total fine plus $50.00 administrative fee. Note for the record that he has been difficult an no other recommendation will be offered. Fine total as of March 7, 2021 is $14, 600.00. Case #2003120�3, Bella Rose Day Spa Date Event/Document March 12, 2020 Violation noticed and Courtesy card was sent out for violation of Chapter 30 Section 30-43-Public Nuisance and Section 30-44-General Cieaning and Beautification. March 12, 2020 Operating without a BTR (Business Tax Receipt), Debris all over the back of the Spa and Operating a business without a license March 12, 2020 Sent out a Statement of Violation and Notice of Hearing for the April Hearing. Received on March 14, 2020, signed by Hailey M. March 30, 2020 Property inspected, still not in compliance. Photo in file April 3, 2020 Property inspected, still not in compliance. Photo in file May 4, 2020 Property inspected, still not in compliance. Photos in file June 19, 2020 2"d SOV/NOH was sent out. Received on June 26, 2020, signed for by Amanda Markham. Had to cancel the July Hearing due to illness. June 29, 2020 Letter mailed advising the Special Magistrate meeting for July 14, 2020 had been cancelled due to medical issue and that they would be notified of the new meeting date. July 6, 2020 Property inspected, still not in compliance. Photo in file. July 16, 2020 3ro SOV NOH was sent out returned and signed for the August 11, 2020 Hearing. Received on July 21, 2020, signed for by Hailey M. August 5, 2020 Property inspected, still not in compliance. Photos in file. August 10, 2020 Property inspected, still not in compliance. Photo in file. August 11, 2020 Case was in front of the Special Magistrate and found in violation of Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification. A fine was imposed of $100.Q0 per day to start 14 days after proper notwfication, along with a$50.00 Admin fee. Case #200312003, Bella Rose Day Spa Date Event/Document August 19, 2020 Properiy inspected, still not in compliance. Photos in file. September 10, Property inspected, still not in compliance. Photos in file. 2020 September 22, Lien Order was filed and mailed certified return receipt on 09/28/2020 2020 signed by Hailey M. Fine to start October 13, 2020 January 15, 2021 90 Day letter mailed certified return receipt. Received on 1/19/21 signed for by Hailey M. Total amount due as of January 10, 2021 is $9,050.00 including the $50.00 administrative fee January 22, 2021 Request for Fine Reduction received from Darla Rose requesting the fine be reduced to $0.00. Fine Reduction will be presented at the March 9t'' Meeting due to no Special Magistrate meeting in February. February 26, 2021 SOV/NOH prepared for the March 9, 2021 Hearing. March 1, 2021 Code Officer Smith tried to hand deliver the SOV/NOH to the business owners. Unable to make contact with Bill or Darla. Left message for the owners to contact Code Enforcement. March 2, 2021 Code Officer Smith tried to call Bill Rhodes no answer, left message asking for him to give us a call. March 3, 2021 Code Officer Smith tried to call Bill Rhodes no answer, left message asking for him to give us a call. March 5, 2021 SOV/NOH hand delivered to Bill Rhodes. Signed receipt in file. Fine total as of March 7, 2021 is $14,600.00 Case #200312003, Bella Rose Day Spa Date Event/Document March 9, 2021 Property inspected and is in compliance. Photo in file. 3 �' •-�° = _____._ _._--- �-�: ;-�.:;:_ - �Q.Og��O�� o ° � 9 � �� ,� � � _� ��. � - �Oo°0�� 0°�9�3 i-: -^-:::>-, i.;�:o• •�x r::�. l4 �� '�f�. n. � •ti~ \•4` '� .., r�� City of Okeechobee Code Enforcement 50 SE 2"d Street Okeechobee, Florida 34974 (863)763-9795 RECEIPT (If Served by Hand Delivery) I have received a copy of the Statement of Violation and Notice of Hearing that will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on March 9, 2021 at 6:30 PM., located at 55 SE 3�d Ave, Okeechobee City Hall, Okeechobee, FL. 34974 in Council Chambers. -� . � �j, t �S� Pro erty/Business Owner Signature -- ---- --- - _(,� - � --` Pro Owner Name (Printed) `�`�� Date ! [ .:'•,?'_si �'�l �� `o¢ft�-�R . va�t . Okeechobee Police Code Enforcement �:,'�:,, 50 SE 2nd Ave Okeechobee Florida 34974 °``F` `" CODE ENFORCEMENT FOR TI-IE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Bella Rose Day Spa 863-763-9795 Phone 863-763-7804 FAX Date 02/26/2021 CASE NO. 200312003 STf1TEN1ENT 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 ChapterlSection: Chapter 30 Section 30-43 & 30-44 2. Address and Parcel# where violation exists: 311 NE 2nd Street 3-15-37-35-009 0-0143-0110 3. Name and address of property owner or person in charge of location where violation exists: Bella Rose Day Spa 8� Salon LLC: 311 NE 2nd Street 4. Description of Violation: No BTR for the business in the back building, Storage items must be kept in a enclosed building - Also Debris - See Attached Photos 5. Date violation must be corrected byAp� 9, 2020 6. Date violation first observed on or about3/12/20 Unless Respondent corrects the violation described herein by the date set forth above AND contacu the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you aze hereby called upon to take notice that a Hearing will be held in this cause before the City af Okeechobee Code Enforcement Magistrate on the 9f h day March at 630 P.M., located at 55 5E 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Iviagistrate �vill 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 shali 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 Compliance Department. If you fail to appear at the hearing the Magisirate may enter an Order of Violation, & impose a fine in your absence. Anthony Smith Code Enforcement Officer Any Ycrson desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure tl�at a verbatim record of the proceedings is made and that the rewrd includes the testimony and evidence upon which the appeal will be based. Code Enforeemeat Magistrate tapes are for the sole pucpose of back up for ihe offieial ceeords 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 aa appeal shail be filed within 30 days ofthe execution offfie order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un paztido que no esta en acuerdo puede apelaz una orden administrativa final a la tribunal de circuito . Tal apelacion sera azchivada en el plazo de 30 dias de la firma de la arden que se apelaza. Okeechobee Citv, Florida Code Comaliance Department IN RE: The Matter of ��X�'G� ��,��-/ Complaint #��"C� O J � d� �� Cu� �'--� dv3! d�c%�'r3 Respondent(s) Request for Reduc6on of Accrued Fine I, �J /�� ,)�v .sL� hereby request a reduction of a fine imposed in the above referenced case and in support thereof would state the following information: "� . My name and current mailing address are: �:`�l .�'o,s� r��i� ��v 7�� , .-�� 3�-' % �� 2. Physicai address of the property which was the subject of the violation: , � /. ( '1'l � � �`;� �i� f�) �--�:�' � f �. � `% �( � �� 3. A Fine in the amount of S ��c�. per day was imposed on the following date: OC� �%.7 � oZ C�cZ� 4, The violations wer.e corrected, and i was advised that the properry came into compliance on the following date: !�'� i�C":I: �U:,��. 5. I am requesting that the accrued fine be reduced from $!�, �� To: �-""�- 6. The accrued fine amount should be reduced � .-, . . � __ � � S ;�� N� �-f� (��' i7u: ��'�n� -;-h2�� 2 L�%�';`�� R.�t� � � GvCs �y�i �� UC'�^i.(�Lk.�. J?�=C; 5 7. I Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magisfrate to ��`-� P�esent and Defend This Request for A Reduction in The Fine. I cannot personally appear, I hereby designate the `� �'" following person to appear in my place: ,�c�. `� ��`�-� =�j'CG' ��'r� ��,..X--� �i7 c�'� Signature of Respondent Date: r .�� ?. G �.% / Signature of Respondent Date: .-� -,z /-�0�� The forgoing instru was swom to (o affirmed) and sKb cribed before me, by means of�/� Dhysical presence or notarization this �� day of _� 20 0� By �-�P� �G.ri . JO and _ who produced �_� �� 1'�l � -�-f, �? D.�i -l7 as ident�cation. �'/� 2 . Sign uat re of Notary Public - State of Florida ��,��' ""-"„'�� '� PrinUTypelStamped Name of Notary My commission expires: I i/ LX 1 � . a,**'' � Notary Public State ot Flonda + , Christina Curl .,,._ � MyCommissionGG'I6t200 ��a�' Expires 71/16I2021 oniine � ' ' . � ■ Completeif�ms 1, ., and 3. • Print your name and address on the reverse so that we can retum the card to you. ■ Attach th(s card to the back of the mailpiece, _ or on the front if space pe��ts. Bella Rose Day Spa � Salon LLC 311 NE 2nd St Okeech�,be "�FL. 34972 �=' �. --- �` . : .� - Il�lt)I�Il�1111111�1 III� �li�l�l I�IlI �Ili�ll�l! 3. Servtce Type -� _-,�•a�y �+aorass beloW: ❑ No 959p 9402 6165 0220 �g-� � 88 ,� Adult SlgnaNre O Pr(ority M�I �r�� ❑l Adult Signature Restricted Qelfvery ��eg�ered Matl*+a }a�Certffied MaifO Registered Mal� qp,�ry�� Z• Art�" �'umber (frensfe� irom service /abell � �ertifled Mnil Restrr��y pe1fv Delivery ❑ Collect an Oelivery � � S�9nature ConflrmaUan*M Q 1 t� 2 9 7 � ❑ Collect on Delivery Restricted Dallve � S�9nature Confirmatlon _ a a o o �, 811 3 5? 1 �' ry Resirtcted Detfvery PS Form 3811, ,J�� !I RestNcted Dellvery Y 2020 p5N 753Q-pp_p00-9053 Oomestic Retum qeceipt � E� � - ��1�� f'-I�i�fi�f:� - �r� ,� ,� ��7—� I ��I�f� I�la j`i i� t J_i� 1)a�� fi �vcQ.ro,_J�, u7 = � �. ;; ' c,;,, :: m �.�- r� i,��itu ;�� ` == ' . 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City of Okeechobee Code Enforcement 50 SE 2"d Street Okeechobee, Florida 34974 (863)763-9795 January 14, 2021 Bella Rose Day Spa & Salon LLC 311 N E 2"d St. Okeechobee, Florida 34972 Re: 311 NE 2"d St. Case #200312003 Dear Property Owner: This letter is about the Code Enforcement Order dated August 11, 2020 notifying you a one hundred dollars (100.00) per day fine was imposed as of October 13, 2020 against the property listed above for failure to comply with City Ordinances. As of January 10, 2021, the fine had accrued over ninety (90) days. According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial burden on you, in addition to the fines. At this time, no foreclosure action has been taken against the property. However, you should contact me immediately. Failure to contact our office could result in a foreclosure recommendation by the Code Enforcement Special Magistrate. The total amount due as of January 10, 2021 is $9,050.00 including the $50.00 administrative fee. Please contact me at 863-763-9795 to discuss this matter. Sincerely, Anthony Smith Code Enforcement Officer (863) 763-9795 Citv of Okeechobee Case #: 200312003 Code Enforcernent Name: Belia Rose Day Spa & Salon LLC Property Location: 311 NE 2"d Street Code Board Action: Imposed a fine starting October 13, 2020, @$100.00 per day for code violation Chapter 30 Section 30-40 Public Nuisance Section 30-44 General Cleaning and Beautification Accrual of Fine: 2020 2020 April = May = July = August = September = October = ��i days @� C I o�G_ November = days December = days � � �J �.G2i ,- Total = Administrative Fee - $50.00 Total Amount Due = - jG 3i -�- .� I �� ,° r 3� t�vU �— i� , � I � �� 1 ;1; t i 2czr Date of Compliance — L. Case Number 200312003; Bella Rose Day Spa 311 Northeast 2"d Street, Okeechobee, Florida 34972. [Lots 11 and 12, Block 143, Okeechobee, according to the Plat Thereof Recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida] Officer Sterling was sworn in and testified that this property is a day spa/salon. In the back of the property they look to be running a plumbing business. He stated that we investigated them having a BTR, and nothing was found for any other business on this property. Sterling stated that we have sent them courtesy cards with picture and Notice of Violations explaining what needs to be fixed to be complying. Officer Sterling stated that they have old hot water heaters, old tubs, stacks of pallets and multiple boxes f walk in showers and tubs. Sterling presented many photos to support his findings. Special Magistrate Azcona found case 200312003 to be in violation of Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification due to Sterling's testimony. Azcona imposed a fine of $100.00 per day to start 14 days after proper notification, along with a$5Q.00 fee for Administrative Fees. M. Case Number 200515016; Iva Pearl Godwin Trustee 1003 Sauthwest 14rn Street, Okeechobee, Florida 34974. [Lots 1 to 4, Block 8, Plat Book 5, Page 5] Officer Sterling was sworn in and testified that this property came into compliance on August 10, 2020. Sterling stated that he wanted this case to be found in violation from May 15, 2020 thru August 10, 2020. He also stated that if the property was to become in viofation again the would-be repeat offenders. Special Magistrate Azcona found that case 200515016 was in violation of Chapter 30 Section 30-43 Public Nuisance, Section 30-35 Containers Required for Garbage and Trash, Section 30-36 Dumping, Depositing, Leaving in or Near Street as well as Section 30-82 Specific Noises Prohibited, from May 15, 2020 thru August 10, 2020, and that if in violation again they would be repeat violators. IX. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 8:20 P.M. ATTEST: Roger Azcona, Special Magistrate Melissa Close, Secretary PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Special Magistrate with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appea! is to be based. City Clerk recordings are for the sole purpose of backup for officiaf records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, --� �� 's.� � i� ; Q ''f �_ . i �i � �, � �t ,; ,, ;,h �:; ':jnr' ' i '- `a l J '� � ' ,. i-�:`r. ; - 1� '.��: � �.'y u. �:� �+j,;.;n� , ; f111 � ��, .�,L - � ,,�"�, . 7 Ilit_. �, ;. � _.�� In! .I,n , � � • ��;,�GII p�! h�,l�-�i m i 1_ ;r:. � � 'C E +�'C o Complete items 1, 2, and 3. H- ■ Print your name and address on the reverse X so that we can return the card to you. � Attach this card to the back ofi the mailpiece, B• or on the front If space permits. BELLA ROSE DAY SPA & SALON LLC 31'1 NE 2ND ST =_-_ OKEECHOBEE, FL 34972-2976 II I illl�l Ilii II! I illl ! II I� I I I I If I i II 1I�1111 ill 9590 9402 5765 0003 3616 99 2. Article Numt 7019 ; P5 Form 381 � [/ ❑ Agent � � / ❑ Addressee by (P�l Name) C. Date of Deifvery C1_ �i}.,?'1'1 iddfess'differentfram kem 1? LJ Ye, �r delivery address below: ❑ No 3. 58rviCe Type ❑ pdurity Mail F�cpress� ❑ Adult Signature ❑ Registered Me11T"' ❑ AdWt Signature Restdcted Delivery ❑ Registered Mail Restricted ❑ Certified Mall� Delivery ❑ Certiped Mail Rastricted Delivery ❑ Retum Recelpt for ❑ Collect an Delivery Merchandise r(rransfe� from service IabelJ [i Collect on Oelivery Restricted Dellvery � Slgnature ConflmiatlanTM� n i..e�,.� p�� ❑ Signature Oonfirtnatkn 2 9 7 � 0 0 � 0 181 � 14 31 , ro} � Restrlcted Delivery Restricted Dellvery , July 2015 PSN 7530-02-000-9053 ^ ` DomPstic Retum Recefpt �'CQ`C OD�O []Z62 6'COZ Total Payments $92.50 7otal Fees °. .0 Shortage $0.00 Check Overage $0.00 Rec By: Frances Conner Deputy Clerk www.clerk.co.okeechobee.fl.us/Officiai Records.htm Sharon Robertson Clerk of the Circuit Court & Compt��...;r OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019078619 Receipt # 2020006734 Print Date: 9/22/2020 2:22:43PM Cashier Date: September 22, 2020 Client: CITY OF OKEECHOBEE 5 Items LIEN Instrument Number: 2020009092 RECORDING FEES $9.00 BOCC 4.00 FACC FEE 0.20 TRUST FUND FEE 1.50 COURT RELATEQ PRMT $3.80 LIEN Instrument Number: 2020009093 RECORDING FEES $9.00 BOCC $�Q FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009094 RECORDING FEES �9.Q0 BOCC $4.00 FACC FEE �0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020009095 RECORDING FEES 9.00 BOCC 4.00 FACC FEE �0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009096 RECORDING FEES $9.00 BOCC $4.00 FACC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 CHECK/CASHtERS CHECK AMOUNT: $92.50 # 042100 � . ��r� - �� ° �'.�' ��'�.. v;fi ,.� . '= �s ; �' � (� �.,r� �, . � � h�i1= ��°� m '� � � � ' r. ' 911E.��JA��' :'. " � - -- -- �• — �- -- � -' ifli��l_a E�rCt^��31(Li=� �7 ,r�r — � - � 9c.� �tc : O 7 -- � Certifled Mail Fee. � $ ��Cl l)�L�2i�' � E:Va SeNlces & Fees (checkhax, atldfeoas appropr,'aN) (� a ❑ iieturn Receipt (hZnicoPy) S __ /r' / , 7J I ��('jl `� O ❑fleNrnReceiP[(Mectronb) S �-'� W 1 �r Poslmark � ❑ Ccrtifietl hta11 Resldc!od �elivery S Here � ❑AtlultSlgnaWreRequiretl S ❑AdultSlgneturoRe�tricted0elivery $ p Postage � S � Total Posiaga and Fees R' s ��-�1-�.t�� $e�� I ll��_l_ t`Cl._1 r .@{...[_y� �eY�- -='�- ��--------� -----'--------'------- � u�tieot adRpG �o„ ofPOB �%No. , �- ``' ---- ��1 l_ _l.�l�. __ .� nc+ `' -i- J I c;ry, sr te, rP+aJ --- S----------�1 -------------------•-' Sl�G� ------------------ — �_� r_4� ��-f . �� I�i"l; � �1-� z-�� •� 1 ■ Complete items'I, 2, and 3. A. SI a �J, ��/ t,� � Prin` your name and address on the reverse . � E�'� �� ❑ Agent � so that we can return the card to you. � v ❑ Addressee � Attach this card to the back of the mailpiece, • ved by (Printed Name) C. Da e or Delivery or on the front if space permlts. C ' °it1��` °`�`�""'� +�• - _ ^ '- a-"• •--• �ddress different fram Item 1. Y s B@��3 f�05@ �a)/ Sj�3 �rdeiiveryaddressbelow: ❑ No 311 NE 2nd Street Okeechobee, FI 34972 �I��I�'I��II��III� �I�II��llllltll�� 1�� .,. ..,a�v��o �yNo ❑PrforityMailExpfass� ❑ Adult Signaturo ❑ Regfstered Mai1T^� ❑ Adult Signature Restdcted Delivery ❑ qegistcred Mall Restricted ❑ Certified MailO �elivery 9590 9402 5765 0003 6003 85 � �ertified Mall Restricted Oelivery ❑ Retum Receipttor ❑ Collecton Delivery Merchandise 2. Article Number (f2nsfer from service labelJ ❑ Collect on oeiivery Reshlcted Delivery ❑ Signature Confmnationna 7 � 1, 9 2 9 7 0 a o o a 181 � ti 1 S 8 a a��il Restr�cted oeltve�y � Signalure Confirmatlon Restricted DeGvery = Ps Form 3811, JUIy 2015 PSN 7530-02-000-9053 Domestic Retum Receipt CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 200312003 CITY OF OKEECHOBEE, PETITIONER, -vs- RESPONDENT� T O (� N �� Bella Rose Dav Spa & Salon LLC / o�� o � LIEN / ORDER � � _ z�� THIS CAUSE came before the Specia( Magistrate, City of Okeechobee, for public °D g� � � hearing on Aueust 11 , 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: 11 & I2 Blk: 143 Section: City of Okeechobee, Plat Book 5, Page 5, public Record of Okeechobee, Florida Pazcel: 3-15-37-35-0010-01430-0110 Property location: 311 Northeast 2id Street Property owner: Bella Rose Day Spa & Salon LLC B. CONCLUSIONS OF LAW: The owner of the property described above has been found inviolation of: Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification. The back side of the property has a bunch of debris from old water heaters, toilets, tubs, sinks, pallets, and boxes of walk-in-tubs. Possibly running a business without a BTR. Property needs to be cleaned up and all debris need to be removed or put in the metal building on the property. C. ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated the Code of Ordinances Ch 30 Sec 30-43 and 30-44 concerning your property located at 311 Northeast 2"d Street. If you do not conect the violation 14 days after nroper notification , or notify the Code Enforcement Officer of the correction, the Magistrate imposes a fine of $ 100.00 per day, Also a onerime 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 Certiorazi to the Circuit Court, Okeechobee County, Florida. If you correct the violation pxior to the above date, it is your obligation to contact the Code Enforcement O�cer to verify such compliance. AGREED AND ORDERED this � i-�'' day of LCC �1"' , 20 20. CITY OF OIC�ECHOB�E, Petitioner Bella Rose Dav Spa & Salon LLC Respondent ATTEST: I`l'�e.ltiya�, �' �c�� Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY, appeazed before me the undersigned authority, Roger Azcona. Fred Sterline 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 before me, by means of x physical presence or online notarization, this 7 I�'^ day of ��h� >20w• (year), by . Roger Azcona Fred Sterling and Melissa Close. ' .t ��it C/� � %� I�10TAR PUBLIC ,ya Nolery Puhlic S1a1a d Flaida � � NancySueChristopher M Commission ex ires: �� `�M ��w� C'G 989799 Y P '�„�e�' �aire�oanarzoza Please return to: City of Okeechobee Code Enforcement 50 SE 2nd Avenue Okeechobee, FL 34974 (863) 763-2626 Extension: 9802 CODE ENFORCEMENT City of Okeechobee, Florida L. Case Number 200312003; Bella Rose Day Spa 311 Northeast 2"d Street, Okeechobee, Florida 34972. [Lots 11 and 12, Block 143, Okeechobee, according to the Plat Thereof Recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida] Officer Sterling was sworn in and testified that this property is a day spa/salon. In the back of the propetty they look like they are running a plumbing business. He stated that we investigated them having a BTR, and nothing was found for any other business on this property. Sterling stated that we have sent them courtesy cards with picture and Notice of Violations explaining what needs to be fixed to be complying. Officer Sterling stated that they have old hot water heaters, old tubs, stacks of pallets and multiple boxes of walk in showers and tubs. Sterling presented many phofos to support his findings. Special Magistrate Azcona found case 200312003 to be in violation of Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification due to Sterling's testimony. Azcona imposed a fine of $100.00 per day to start 14 days after proper notification, along with a$50.00 fee for Administrative Fees. M. Case Number 200515016; Iva Pearl Godwin Trustee 1003 Southwest 14'h Street, Okeechobee, Florida 34974. [Lots 1 to 4, Block 8, Plat Book 5, Page 5] Officer Sterling was sworn in and testified that this property came into compliance on August 10, 2020. Sterling stated that he wanted this case to be found in violation from May 15, 2020 thru August 10, 2020. He also stated that if the property was to become in violation again they would-be repeat offenders. Special Magistrate Azcona found that case 200515016 was in violation of Chapter 30 Section 30-43 Public Nuisance, Section 30-35 Containers Required for Garbage and Trash, Section 30-36 Dumping, Depositing, Leaving in or Near Street as well as Section 30-82 Specific Noises Prohibited, from May 15, 2020 thru August 10, 2020, and that if in violation again they would be repeat violators. IX. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 8:20 P.M. ATTEST: Roger Azcona. Special Magistrate Melissa Close, Secretary Please take notice and be advised that when a person decides to appeal any decisio� made by the Special Magistrate with respect to any matter considered at this meeting, helshe 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. 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Petitioner, vs Respondent, Bella Rose Day Spa �� ;� �e ,: Okeechobee Police Code Enforcement ��:: � e�� 50 SE 2nd Ave Okeechobee Florida 34974 �� 3 863-763-9795 Phone 863-763-7844 FAX Date '1 �(g .aQ�G CASE NO. 200312003 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 particulazly described herein, and hereby requests a Heazing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Section 30-43 & 30-44 2. Address and Parcel# where violation exists: 311 NE 2nd StreSt 3-15-3 7-35-0010-0143-0110 3. Name and address of property owner or person in charge of location where violation exists: Bella Rose Day Spa & Salon LLC: 311 NE 2nd Street �. Description of Violation: No BTR for the business in the back building, Storage items must be kept in a enclosed building - Also Debris - See Attached Photos 5. Date violation must be corrected byAug 7, 2020 6. Date violation first observ�d on or about3/12/20 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 natice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Nlagistrate on the 1 � th day HuguSi LUG� 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 shatl 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 Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. � Fred Sterling Code Enf cement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this heazing will need to ensure t6at a vecbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement blagisttate tapes are for the sole purpose of back up for the official records of the Code Enforcement Depazhnent. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal sliall be filed within 30 days of ihe esecution of the order to be appealed. De acuerdo oon la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelaz 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. � Y t ��1. �� G� '/ l U 1 c 1 C'�,C� City of Okeechobee a�� .'r�,�. �� : PoJice Departm�nt June 29t", 2020 Dear Respondent: This letter is to advise you that the Special Magistrate meeting scheduled for luly 14th, 2020 has been canceled due to a medical issue beyond our control. You will be advised as to too the new date as soon as it is scheduled. Thank you for your understanding. Fred Sterling City of Okeechobee Code Enforcement 863-763-9795 50 5.�. Second Avenue + Ofceechc�#�ee, florida 34974 •�63/753-352i • Fax: $53/763-780d 1.1 _ ac.,f_� biali;,-r `;:1 _,,d -;� Ii iL!� ,�r!�� " ;i_t_i_�ii'� -, O 1?�j[C�rt ii�il=Clti�rl�! . _ '' i � �R..C'Z.C�n�iJy !I� �FYiI f� U _.7c4i� � itl ��1 �.-�_,'?t � � �47 t tK] i' . _ _�_. O f -' . ; _ a � m 0 ti a 0 0 0 � � 0 �1\ 'i � �J-l1 ��'>I � u�>�� a 0 r a Complete items 1, 2, and 3. � ture — o Print your name and address on the reverse � j�t _ f%` �l �,�t �0.� Agent so that we can retum the card to you. ��''`" —'—Ll Addre � Attach this card to the back oi the mailpiece, B• Received by {r�rinted ame) C.��ate of laeli or an the front if space permlts. � � 'dress different from ftem 1? ❑ es delivery address below: ❑ No Bella Rose Day Spa 311 NE 2nd Str�'� - Okeechobee, F) 34972 �I��III� ��II��II��I�� II��II�II��I�I��I� 3. ServfceType ❑prlorityMalExpresso ❑ AdultSignature ❑ Registered Mail*r•� ❑ Adul[ Signature Restricted Delivery ❑ ReBistered Mal Restdcled ❑ Certified MailO Delivery 9590 9402 5765 0003 6007 43 ❑ CertiBed Mall Restricted Dellvery ❑ Retum Receiptior ❑ Callectan Delivery Merchandfse 2. Article Number (Transfer from seMce labelJ ❑ Collect on Delivery Restr(cted Deilvery � Slgnature ContlrmatianTM� ^ '^^��•=d Mall ❑ Signalure Confirmatfon 7 � 16 0 91 � � � p 2 0 3 8], 0 � 6 � Do�il Reshicted Deltvery Restricted �elivery : PS Fom1 38'i l, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt MapPrint_Okeechobee-Cou -Properly-Appraiser_6-3-2020 � °�," �/ I lYt � - J�;�� i�=2(��:�G �:, - .—�. �---��e�ti�- -•�,-,,,----��---- �,ti .�►�e�? +��__ ;4 , �b � � r - - • � . . • . .. • yg- ,• .. �, " . . . . . � _ � . .. .-. .. NE dTH ST ' r. .` �'` � • � � � • ��;� - �� ':.., �.:� . � �.. � -��,�;,� � ��•�Z1 � .\ iF, . . i __ ,;r..- �' m � •', . Z. �►.:. . ::.'�iti_ ' � .� ��'. 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Bandi � Okeechobee, Florida � 863-763-4422 PARCEL: 3-15-37-35-0010-01430-0110 � sTOResn s�ooi i oo� � o.saa nc NOTES: CITY OF OKEECHOBEE LOTS 11 8 12 BLOCK 143 � BELLA ROSE DAY SPA 8 SALON LLC 2019 Certified Values Y--" �• • Owner. 311 NE 2ND ST Mkt Lnd 528,035 Appraised 5158,752 +" � OKEECHOBEE, FL 349722976 Site: 3'11 NE 2ND ST, OKEECHOBEE a9 Lnd $0 Assessed 5158,752 Bldg 5176,396 Exempt 50 ' '' Sales s��a2an s�ss.000 i (o7 • vvzoos szoo.000 i(a) XFOB $14,321 county:S158.752 `'+�u' ' Info ��S�sss siao.000 � o ' ' -`.f�_ , . � � Just 5158,752 Total city:3158,752 Taxable other:S158,752 : school:$158,752 Okeechobee County, FL ibis informa0on„ was denved from data wFpch was compiletl by the Okeechobae County Property Appraiser Office solely for (ba govemmenlal purpose ot property aesessmenL TNs intorma6an should not be relied upon by anyone as a tleterminalion of t�e ownership ol property or markel value. No warrantles, expressed or implied, are provided 1or Ihe accuracy of the tlala herein, il's tse, or irs interprelation, Allbough it is penOtli[ally updatea, this Imamation fnay n0t re11eU N2 d� artenUy on file in Ihe Propefty App2isefs Office. Crirdvl nnir �nn � �� c��G J�3" C�-`_I�� - - C (c:�-h �c � �C�-�� , ,�o �'� i � — �-��,�: �L�:�:i ur�.,. (�c�cic., I� 1c�e� . i�.�. (.; c. http://g4b.okeechobeepa.com/gis/gisPrind �_�n_�� T'��:,,,��., y�,��- h�. ��.�-"�-I- i.i�� C��X3�2020 � ' �rlr � r:..'..t�:� �. , .. J ii ,; �;��:j "�-�`�� Okeechobee Police Code Enforcement ;:� �::� -,,,F� --.>� 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Bella Rose Day Spa 863-763-9795 Phone 863-763-7804 FAX Date 06/19/2020 CASE NO. 200312003 STATENIENT OF VIOLATION AND NOTICE OF HE�IRING 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: ;`' � -+�� ,?x; � � --��; .?X;-�13 1� � bi � C ��i li � � � �C-c--. 2. Address and Parcel# where violation exists: 311 NE 2nd Street 3-15-37-35-0010-0143-0110 3. Name and address of property owner or person in charge of location where violation exists: Bella Rose Day Spa & Salon LLC: �11 NE 2nd Street 4. Description of violation: No BTR for the business in the back building, Storage items must be kept in a enclosed building - Also Debris - See Attached Photos 5. Date violation must be corrected by�Ul 10, 2020 6. Date violation first obserued on or about��12120 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 � 4th day JUIy GULV at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The l�iagistrate 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 entitIed to be represented by counsel; present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration wilt be retained by Code Compliance Depariment. If you fail to a pear at the hearing the Maaistrate may enter an Order of Violation, & impose a fine in your absence. ! I �F' t�.s.� �gr SterlJ g Code Enfor ment Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing �vill need to ensure that a verbatim record of the proceedings is made and that the record includes the test'smony aad evidence upon which the appeal will be based. Code Enforcement Magistrate tapes aze for the sole piupose of back up for the official records of the Code Enforcement Depax�nent In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appea] a final administrative order to the circuit court. 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Petitioner, vs Respondent, Bella Rose Day Spa & Salon LLC 863-763-9795 Phone 863-763-7804 FAX Date 03/12/2020 CASE NO. 200312003 STATEMENT OF VIOLATION AI�D NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 1b2.12, 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. i. Violation of City Code Chapter/Section: Chapter 30 Sec 30-43 and Chapter 50 Sec 50-31 2. Address and Parcel# where violation exists: 311 NE 2nd Street 3-15-37-35-0010-01430-0110 3. Name and address of property owner or person in charge of location where violation e�cists: Bella Rose Day Spa & Salon LLC - 311 NE 2nd Stre�-I- 4. Description ofviolation: No BTR for business in,the back building, Storage items must be kept in a enclosed building, also Debris - See Pictures Attached 5. Date violation must be corrected byApr 1, 2020 6. Date violation first observed on or about��9�20 Unless Respondent conects 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 14th day /-�pfll LUGU at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hal(, 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 witl be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. �_ zi�'..- r:�: �� erling ode Enforce ent Officer Any Person desiring ta appeal any decision of the Code Enforcement Special Magistrate with respect to any matte considered at this heazing 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 Magishate tapes are for the sote 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 6nal administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealcd. De acuerdo con la seccion Ib2.11 de los estatutos de la Florida, un partido que no esta en acuerdo pucde apelar una orden administrativa final a la tribunal de c¢cuito . Tnl apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. .� �� U aQ � = �_ `=i � (� � m � •� , � tiw.n m a � ^ G � � ; o . ��Y�� W ,� y �j cc � � � c'6� m � �. <„� � � � 5 2F°'Hi�Mi � � f:�_.. .�a d c :, i't �,C (9 ci C U �Z •C _�aooac �J t� .� � � }i � (�,, V� ■ Compiete items 1, 2, ancl 3. -" � ■ Print your name and address on the reverse ]( � so that we c2n return the card to you. g, Receiv by ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑ Agertt ' (1 � p ❑ Addressee (Pr1 t Name) C. Date of Delivery� „ ��_ t < '�L �ress different Nom item 1? ❑ Yes delivery address below: ❑ No Bel�� nse Day Spa & Salon LLC ��' 311 RJ`F:2nd Street Okeec{ ��bee, FI 34972 I( I(I IIII � I'lll I II � I III I I��II �II 3. Service TVpe ❑ Prioriry Maii Ezpress� II I'I�l�f I�II' ❑ Adull Sic�nature ❑ Registered MeilrM I I O Adull SlgneWre Restrlcted Delivery ❑�e9Veryred MaB Restdoted O Certilied Mall� � 9590 9402 5012 9063 8059 02 ❑ Certilied Maii Restdcled Delivery ❑ Retum Receipl fo� ❑ Collect on Oelivery Merchandise TM O Collect on Dolivery Resldcted Delhrery � Signature ConOrtnatlon 2. Article Number (rransler /rom servJce tabel) Meil ❑ Signature Conlirtnation .-N�'li Restricted Dellvery Reg�tict°d Delivery 701,9 1120 ��0� 8],23 21�b DomesUc Return Receipt � PS Form 3811, July 2015 PSN 7530-02-000-so53 90`C2 E2'CQ a�� 02'C'C 6`L�L Page 1 of 1 p1qp�[ry�bv and �e�ym b; JQHN D. CASSELS, JR. Partmr LAW OFFICE Of CASSELS 3 MCCALL soo Hw xna so-..e Oke�ehoMe, F1769f2 o63J8�•3131 Fk No.: 17-9497 I IlIIII IIIII IIIII Ilill illll IIIII IIII IIII FILE MUI'! 2417U44969 Of2 8Y. 790 PG 132b SHARON ROBERTSONe CLERK � COHFiROLLER OY�EECHOBEE COUHTYr FLORIDA RECORDED 05/15/2017 04�23:35 P11 AI1T f1E5r000.00 FECORDING FEES f10.i)0 DEED DOC S1e295.A0 RECORDED BY 11 Pinon Pg 1326i (1 P9) PartelldaMilfplion No. 7•15J7-03�0010-07030-0110 ISpxe Abore This lina For Recarding Datal Warranty Deed (STATUTORY FORM - SC•CTION 689.02, F.S.) Thb Indenturc made this 151h day of MaY, 2017 Behveen FRANCES W. KIRTON whosa post otfite eddrass Is ZJ83 861h Avenue SW, Yora Beaah, FL J�960 of lha County ol fndlsn Rlvar, SWte ot Fbdda, grantor', antl BELLA R09E OAY SPA 6 9AI.ON LLC, a Flarlda Llmlbd 1.Iab11Hy Company whase post oHice address is 311 NE 2nd Street, Okaachohae, FL 34972 of Ihe County of Okexhoba�. Stale ot Florida, grantee'. �Vificraelh that said grontor, for and in cons�deral(an of tha sum of TEN AND NO/100 �OLLARS �S10.00) end ather pood and vafueble cOnsiclere6ons to said granlor In hand pald by sald granlee, ihe receipt whereot is hereby acknowledged, has pranted, 6eryeined, and sold lo Iho eald prantea, and'9ranka's heirs and auigns forever, �he folloiwing desvibed land, sltuate, lying and being in OW�choWs County Fbtlds, to-wit LoU 11 and 12, Bbck 1,0.7, OKEECHOBEE, aceordinp lo the plat thenol raeorded In Plat Book S, Pags 5, Public RseoMs of Okeeebobes County, Florkla. This propsRy does not tonsttlute iha homeslwd of the GraMOr, nor la tha propnty aontinguous to Na Orantors homesUad prop�Ry. Subject W resVictions, raservatians and easements of record, H any. and said grantor does heroby fuqy warcanl the tflle to said Iend, and will detend the sarne against lawful clafms of ali persons whomsoever. •'f,ranio� �na `Gnnlva' ue uf�E for vngultt a pWn4 u wnu�d requhn. ln Witnaa Whcrmf, gantor has hereuMo set grantor's harM anA seal the dey and year firat above written. Signed, se led an delivered ' our presence: . f ��"T_� �Jl �� Wilnq a Name: � �,�$qyGES W`i(IRTON Witnass Name: Sute af Florida+-(�� p�- Cowryof J �1-i i�ili�i� V�� The faegoing in�vumenc wns uckn IcJ befoce me lhi Omy of M, 3017 by RANCES W. KIRTON. wbu Lj is persowlly 6awn m[) has produecd lifiation. .% . _ (Notary Seal) ✓ uhlio oc � Peimed Nune: �� 1 Jj� My Commiuion E.�cpira: l�ll D O� 01-� 4 �7NERESA DISISTO MY COyMlS5�6N l FFIf6121 FJPIRES: JrYry01. Z019 Book790/Page1326 CFN#2017004969 Page 1 of 1 https://pioneer.okeechobeelandmark.com/LandmarkWebLive//Document/GetDocumentFo... 8/26/2020 Code Enforcement Hearing March 9, 2021 Case Name & Number: Okeechobee Park Street, LLC (Walgreens), Case # 17-040 Violation, Number & Section: CH 30 Sec 30-44- General Cleaning and Beautification CH 30 Sec 30-44- Public Nuisance Description of Violation: Need to mow property, trim shrubbery, and remove yard debris and trash. Also need to plant new vegetation on the property. Photos• Photos in file Date of Courtesv Card/NOV sent: SOV/NOH mailed on 12/7/17 Is respondent a Repeat Violator? No History of Case: Case was presented to the CEB on lanuary 9, 2018 a fine imposed of $50.00 a day 25 days after proper notification. Lien mailed on January 9, 2018 and January 17, 2018. Fine started on February 19, 2018. 90 Day Letter mailed on September 10, 2018 Property in compliance on October 10, 2018 the fine had ran from February 18, 2018 to December 18, 2018 totaling $11,650.00 Citv Recommendation: To accept the offer received from Okeechobee Park Street, LLC of 75% percent of the fine amount, plus attorney fees. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/Document February 8, 2021 Code Officer Smith checked the property, and the property is still in compliance. Spoke with Chief and Major they advised for a Demand Letter be sent to the Property Owner and then proceed to City Council. Updated City Attorney Kowalsky. Spoke with Attorney Kowalsky and Greg they will be sending a demand letter along with a drafted foreclosure complaint. Will send the letter and drafted complaint over tomorrow for our review. February 17, 2021 Demand letter was drafted up by the City Attorney Greg Hyden and approved. Sent to the property owner along with a copy of the complaint and lien order. February 26, 2021 Code Officer Smith spoke with Joe Rieger contact # 954-243-0006, email address: Joe.Rie�er@wai�reens.com March 1, 2021 Code Officer Smith emailed SOV/NOH for the March 9th Code Enforcement Hearing with receipt acknowledgment to Mr. Rieger. He replied that he received the email and will respond to all tomorrow. March 3, 2021 Received email from Joe Rieger advising that Mark Rouer, District Manager of the store will attend the Code Enforcement hearing on March 9, 2021. Received fine reduction request and signed hand delivery receipt for the SOV/NOV. Fine reduction request placed in file. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Even$/Document August 6, 2018 Officer Sterling hand delivered the Notice of Lien — Foreclosure to the store and was signed by Deepak Sharma August 30, 2018 A letter of intent for foreclosure due to the fine accruing for over 90 days. This was sent Certified mail and returned September 10, 2018 signed by Jackie Moody. A copy was also hand delivered to the store and signed for by Ernie Saucedo September 11, Code Officer Sterling emailed Bill Sandritter the City Ordinances on 2018 Landscaping Chapter 90 Section 90-515 thru 90-530. He also emailed Mr. Sandritter a crude plan for the Walgreens landscaping re-vitalization with multiple pictures. Bill Sandritter's contact #407-637-6942, Walgreens Landscaping Fax # 407-734-1770. September 21, Mr. Sandritter email Code Officer Sterling a crude plan for the Walgreens 2018 Landscaping re-vitalization. Advising that they were ready to start installation once they were given permission. October 10, 2018 Property in compliance. October 30, 2019 A collection letter was mailed Certified Return Receipt with the fine being at $11,650.00. The fine had run from February 18, 2018 to December 18, 2018. Green card was returned signed by a stamp Walgreens 200 Wilmont Rd, Deerfield, IL November 21, William Sandritter emailed Officer Sterling asking to receive a fine 2019 reduction form. On November 22, 2019 at 9:00 am a copy was emailed to Mr. Sandritter. To date we have not received the form back or hear anything out of Walgreens. March 4, 2020 Emailed to Attorney at 1:53 pm August 19, 2020 Called Mr. Sandritter at 9:27 am- left message. August 19, 2020 Assistant Manager Rick gave us address: Consumer Relations, Walgreens CO 200 Wilmart Road, Dearfield, IL 60015.Contact Phone # 847-914- 2500, Fax # 840-914-2804. February 5, 2021 Contacted by City Attorney Carlyn Kowalsky reference to update on file. She advised that we need to follow up with the Chief and Major and recheck the property to make sure they are still in compliance. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/Document December 7, 2017 Walgreens at 100 NW Park Street — Okeechobee, was found to have violations. 2-Untended Vegetation, CH 30, Sec 30-44-General Cleaning, and CH 30, Sec 30-44-Public Nuisance. Need to mow property, trim shrubbery, and remove yard debris and trash. They also need to plant new vegetation on the property. December 7, 2017 Property owner-Okeechobee Park Street LLC, PO Box 1159, Deerfield, IL 60015 December 7, 2017 Notice of Violation and Notice of Hearing was mailed out Certified Return Receipt mail and was returned on becember 12, 2017 signed by John Zorzy. January 9, 2018 Case was presented before the CEB. Based on the testimony of Code Officer Sterling, recommending a copy of City Ordinance CH 30 Sec 30-44 including subsections (fl and (g) be sent to Okeechobee Park LLC allowing 25 days from receipt of proper notification to contact City Staff with a timetable stating their intentions for landscaping improvements and maintenance, if the City has not received a specific timetable for the work to be done by the end of the twenty five day period a fine of fifty dollars a day will be imposed seconded by Member Pippin. January 12, 2018 Lien/Order mailed certified return receipt to Okeechobee Park Street, LLC Received on January 16, 2018, signed by Kieran Martin. January 17, 2018 Lien/Order mailed certified return receipt to Lazar Jones, District Manager. Received on January 24, 2018 signed by Jackie Moody. February 19, 2018 $50.00 per day fine imposed for violation of code CH 30 Sec 30-43- Public Nuisance and CH 30 Sec 30-44- General Cleaning and Beautification. March 15, 2018 Lien/Order recorded, if property owner does not contact the City within 25 days providing a timetable outlining specifically when the landscaping issues listed will be corrected, or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $50.00 per day commencing that date and continuing daily until the violation is corrected or the City is notified by you and verifies the correction, whichever comes first. August 2, 2018 City Attorney John Cook sent a letter to Walgreens regarding code lien. Stating that the code board found Walgreens in violation and imposed a $50.00 a day fine on January 9, 2018. Currently the fine was at $8,250.00. The green card was returned on August 6, 2018 signed by John Zorzy Okeechobee Ciri Florida Code Comuliance Deoartment IN RE: The Matter of City of Okeechobee v. Okeechobee Park 5treet LLC Complaint #17-040 Respondent(s) Request for Reduction of Accrued Fine I, Joe Rieger, hereby request a reducGon of a fine imposed in the above referenced case and in support thereof wouid state the (ollowing informaGon: �. My name and current mailing address are: Joe Rieger 11650 Miramar Pkwy #101 Miramar, FL 33015 Office (954) 378-7900 Cell (954) 243-0006 2. Physical address of the properiy which was the subject of the violation: Walgreens 100 NW Park Street Okeechobee FL 32809 3. A Fine in the amount of $50.00 per day was imposed on the following date, August 2, 2018. 4. ihe violaGons vrere corrected, and i was advised that the property came inio compliance on the following date: October 10, 2018 5. I am requesting that the accrued fine be reduced from $11,650 plus $1,182.50 attomey fees (25%) to $8,737,3'.50 fine, plus $1,182.50 attorney fees, For a total amount due to the City of Okeechobee of $9,920.00 6. The accrued fine amount should be reduced because: From a misunderstanding from Walgreens that this violation was closed out in August 2, 2018 with no fines. Sorry but the fine notices were just mishandled my several people. Some of these people that mishandled these notices do not work for Walgreens now. I Understand That t Must Be Present and Personally Appear Before the Code Enforcement Special Magist�ate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the foilowing person to appear in my place: Mark Route 7003 Presidents Drive Suite 250 Orlando F 32809 (321) 289-9936 7. L �. Signature of Respondent Date: M•4i�t �•j � 2 O'Z � day ot By was Signature oi Respondent Date: n to or,affirmed} and subscribed before me, by means of �physical presence or 20 Signature of Notary Pub)ic�3ta-of Florida PrinUType/Stamped Nals�of o ry My commission expires: � who produced as identification. `,��1111111//�/ ��• ,��N E SF�� ii =� Q��? ••�jOTA!? y •.'t!� �� ?r'• :Z� S U My Comm. Expires• O= ' �eCember 01, 2024= � � N� No. NH 68486 � �� j:' jO�BL�G,'��0�: '',�� O i � i+NO�```. online notarization this �.C1Y'[%j��.. i ��{'�S r!r'�. Jt� � ��' Z` � �'Va�.. ��, y� .•� ;�-'; y City of Okeechobee Code Enforcement 50 SE 2"d Street Okeechobee, Fiorida 34974 (863)763-9795 RECEIPT (If Served by Hand Delivery) I have received a copy of the Statement of Violation ai�d Notice of Hearinc� that wili be held in fhis cause before the City of Okeechobee Code Enforcement Magistrate on March 9, 2021 at 6:30 PM., located at 55 SE 3�d Ave, Okeechobee City Hall, Okeechobee, FL. 34974 in Council Chambers. C Prop rty/ siness Owner Signature �oSL-P�-� C„ �+�G�E�2. Property Owner Name (Printed) 61� Af�.c �.{ , Zo 2 � Date _.�:� Nason Yea er ___ _----________ _----- � GEft50�. HARRIS & FUMEFO, P.r1. n�roRN�rs.�r �is, esi. i�t,o R. GREGORY HYDEN &MAIL ADDRESS: ghyden@nasonyeager.com February 17, 2021 VIA CERTIFIED MAIL RETURN RECIEPT REQUESTED Okeechobee Park Street, LLC Okeechobee Park Street, LLC Walgreens Co. Attn: Gregg Dunn Real Estate Property Tax 20525 Nordhoff Street, Suite 4 Deerf'ield, Illinois 60015 Chatsworth, California 91311 Re: City of Okeechobee v. Okeechobee Park Street LLC Code Enforcement Case Number: 17-040 Dear Mr. Dunn, DIRECT DIAL: (561)471-3524 FAX NUMBER: (561)982-7I16 As you aware are, Okeechobee Park Street, LLC owns real property located at 100 N.W. Park Street, Okeechobee, Florida 34972 ("Property"). This correspondence is being sent to you regarding the outstanding fine of $11,650.00 ("Fine") relative to the Property. As you are aware, this Fine relates to violations that occurred from February 19, 2018 through October 10, 2018. By way of background, the aforesaid violations were first observed on December 7, 2017. The City of Okeechobee ("City") caused a Notice of Violation to be sent to you on the same day. The Notice of Violation gave you ten (10) days to bring the Property into compliance with the City's Code of Ordinances. You failed to bri.ng the Property into compliance and thus, the matter was presented to the Code Enforcement Board ("Board") in Case Number 17-040. The Board found that the Properiy was in violation of Section 30-43 (Public Nuisance) and section 30-44 (General Cleaning and Beautification) of the City's Code of Ordinances. The Board provided you twenty-five (25) days to provide the City with a timetable relative to the necessary maintenance and landscape improvements. The Board further stated that if this was not complied with, a daily fine of $50.00 would be imposed. As you did not contact the City per the Board's requirement, a daily fine of $50.00 began on February 19, 2018. The City further sent you letters dated August 2, 2018 and August 30, 2018 notifying you that the fines had accrued for more than 90 days and thus the City could proceed with a foreclosure action. It was not until September 21, 2018 that the City's Code Enforcement received a letter from a landscaper named William Sandritter which included a terse landscaping plan. It was not until October 10, 2018 that the Property was finally in compliance with the City's Code of Ordinances. 750 Pazk of Commerce Boulevazd � Suite 210 � Boca Raton, Florida 33487 Telephone (561) 982-7114 � Facsimile (561) 982-7116 � www_nasonveager.com PALM BEACH GARDENS • BOCA RATON Despite our subsequent communication(s) with you, you have still not paid the fines. If payment is not made within ten (10) days form the date of your receipt of this letter the City will have no other option than to file the enclosed Complaint and pxoceed with a foreclosure action. Please contact this office at your first available convenience to discuss this matter. Enclosure Many Thanks, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. � C%'re�l°'� �� R. Gregory Hyden Doc No: 1021280 1N THE COUNTY COURT OF THE NIN�T�ENTH JUDICIAL CIRCUiT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY O�' OKEECHOBEE, FL�RIDA, a municipal corporation organized under the laws of the State of Florida, CASE NO,: Plaintiff, v. OKEECHO.BEE PARK STREET, LLC, Defendant, COMPLAINT COMES NOW, PlaintifP, CITY OF OKE�CHOBEE, FLOR.IDA ("Plaintiff or "City"}, by and through undersigned counsel, and brings this action for foreclosure against the Defendant, OKEECHOBEE PARK STREET, LLC (collectively "Defendant") and in support thereof states: Venue and Jurisdiction - i 1. This is an action to foreclosure a lien on the Defendant's real property located i, within Okeechobee County, Florida. 2. This Court has origi.nal jwrzsdiction over this action because the Cii:y's lien arad related damages do not exceed the sum of $30,Od0 exclusive of costs. 3. Venue is proper in the Nineteenth 7udicial Circuit because the property in question is located in Okeechobee County, nlore speciizcally, Okeechobee, Florida. 4. The Defendant owns real property Iocated at 100 N.W. Park Stx•eet, Olceechobee, Florida. The Parcel Folio number is 3-IS-37-35-0010-01555-OQ80 (33974) ("Property"). 5. The Property is not homestead propet�ty and not otherwise exempt under Article X, Section 4(a} of the Florida Constitution. 6. Pursuant to Florida Statute Chapter 1 b2, the City has the right and obligation to enforce its Codes and Ordinailces within its boundaries and has the authority to foreclose ` applicable liens stemming therefrom. General AIIe�ations 7, By way of background, the City observed that the Propei�ty was in violation of j Chaptar 30, Section 30-43 of the City's Code of Ordinances. The matter was event�ially referred i to the Code Enforcement Board zn matter number 17-040. 8. The Code E�axcenrzent Board subsequently entered a Lien/Order imposing a fine i of $50.00 per day. The Lien/Order is recorded in Book 804, Page 96 of the Offic�a� Records of Okeechobee County, Florida. A true and correct copy of the Lien/Ox•der is attached hereto as Exhibif "A" and inco�•porated by reference herein. 9. By way of letter dated August 30, 2018, the Defendant was advised th.at the daily fines of $50.00 had aeerued for over 90 days and that this could result in foreclosure, 10. All conditions precedent for bringing this action have occurred or been performed. Count I — Foreclosure 11. The City realieges paragraphs 1 tiu�ough 10 as if fully set forth herein. 12. Pursuant to Florida Statutes Section 162.09(3}, if a valid lien remains for a periad of 90 days and does not otherwise come into compliance, the City may elect to file a foreclose the lien. 13. As of the 90�h day, and at all times since, the said lien has not been satisfied. 14. In addition to the various mailings, the City has posted notice(s} of lien on the Property itself. � 15, Through October 10, 2018, the Defendant owes the City $1 I,650.00 plus attorney's fees a�id costs. Additionally, the fine con#inues to accrue at $50.00 a day thereafter until entry of the judgment of foreciosu�•e hy tk�is Court. 16. The City believes that there may be additional parsons who may be interested in the Property, but after a diligent search and inquiry remain unlcnown to the Czty. 17. The unlcnown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or oihex• claimatits by, through, under or against the Defendairts herein, and therefore all of the said unknown parties are made defendants to this action. 18. There may be other unknown parties having or claiming to have some t•ight, title or interest in the subject matter of this action, but whose nannes after diligent search and inquiry are unknown to the City. 19. Diligent search and inquiry has been made to discover the names and residences of any unknown defendants, but their ages are unknown, theix �•esidexaces az•e unknown, and the City does not know, by, through, or under ox against whom they may claim, nor what right, title or interest they may claim in the Property. 20. The City has expended, and will expend d�.uing the pendency of tl�zis action, certain necessary costs and shal� seek xeimbuxsement of same, 21. Further, the City has retained the undersigned cotmsel as its attorney in this action az�d has agreed to pay him a reasonable fee far said services. The said fees are an additional indebtedness auihorized by Florida Statutes Chaptex• 162. WHEREFORE, the City respectfitlly requests that (a) this Caurt enter a jYidgment of foreclosure, ward the aecrued lien(s), expenses and costs, including attorney's fees and costs, plus intexest to the City; (b} if the said s�un is not paid witlun a time set forth by the Co�u�t, the City � requests that the Property be solcl at auction to satisfy the City's claim; (c) if the proceeds of the foreclosure sale are insufficient to pay the City's claim, that a deficiency judgment be entered for the sums remaining unpaid against the Defendants herein; and (d) such other relief as this Honorable Cour-t deems just and proper. Respectfiilly submitted, NASON, YEAGER, GERSON, I-IARMS & FUMERO, P.A. 750 Parlc of Commerce Blvd., Suite 210 Boca Raton, Florida 33487 Telephone: (561) 982-7114 Facsimile: (561) 982-7116 E-mail: �hvden a nasonveager.com Attorneys for the Plaintiff Florida Bar No.: 50839 By: R. GREGORY HYDEN � CODE ENFORCEMENT BUARD OF THE CITY OF OKEECHOBEE, I'LORIDA. CASE NO. 17-040 CITY OF OKEECHOBEE, P�.'I'ITIONER, i 1��1�� II��1�! (il� I�� 13� I��I � PTL_E 'vs- OR SIL L�4 P'�G 96 SHAkON ROBER7SONr CLEFY, d CUIIFTNIu �.r�fi OKEECNOBEE COUHTY► FIORIDA Rti,SPONDENT, REC.ORDED �l3/1S/201E 09=56:4E AH RECORDIt1G FEES �t8,5� Okce�,j�obee Park Street LeLC / ��RDED eY 11 F i no� Fss 96 - 47i (2 p95� I.IF.N / ORDER THIS CAUSE came bsforc the Code �nforcement Hoard, Ciiy of (Jkeechobee, for public hearing on January 9, 20 i 8. ARer duc notice to tt►e respondent, ihe Aoard having heard evidence on the alleged violation by witnesses or aff'idavit makes the following findings: A. FINDINGS OF FACT: l,ots: 8, 9, 10, 11 8c 75 ft of Lot 12 Blk: 1 SS SGction: City of Okeechohee Pazcei : 3-15 -3 7-3 5-0010-015 50-0080 Property location: ] �0 NW Park Street, Okeechobee, FL Yroperty owner: Okeechobee Park Street I,LC Property has bccn found to have dead trees/vegetation, debris/trash and ground cover that has becn wsshed away and needs to be replaced. {see enclosed) Ii. CONCLUSIONS OF LAW: The owner of the properly described above has been Found in violation of Ghaptcr 30 Sec 30-43 Public nuisauce �c Sec 30-44 Genern.l cleaning C. ORDER: The City of Okeechobee Code Enforcement Boazd has determined you have violated the Code of Ordinances, Ch�Q_ Sec 30-43 Public nuisat�ce Rc Sec 30-44 General cicanint and beautificatior� cancerning your properiy located at,j.00 NW Park S�._ Okeechobee. FL . lf you do not contact � Cit,,y within tweg}y five days orovidin¢ a time tr�le outlining �ecifically when the landscaEing issues listed above will be aorrected or notifv the Code �nforcement Officer of tt�e correction the Board im,poscs a fine �f 5S0 00--- per dav commencin¢ that date and continuing dailv until the violation is corrected or the ciiv is notified_ �v you and veafies the coaection. which ever first occurs. Furiher, if you do no! correot the violation by said date, a copy of this order as a claim of lien, shall be recorded in the off ce of the Clerk of Circuit Court, Okeechobee County, Florida, ,and once recorded, becomes u lien on real and personal property pursuant to I'lorida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiarari to the Circuit Caurt, Okeechobee Couniy, Florida. If you correci the violation prior to i3�e above date, it is your obligation EXHIBIT contact the Code Enforcement OFficer to verify such compliance. b � �� AGREED AND ORDEILEI) this ,_..�� day of �G,F'Lcd,g� , 20�8 . CITY OP' OKEECHOBEE, Petitioner Okeechobee Park Sireet LLC Respondent CODE ENFORCEMENT BOAitD City of Okeechobse, Florida /'� _... . i L airperson e En eement O�c r A'I"I'EST: .�i�.�t l:Nt/L.�,4�t.b�-f•�'�1CiC_._ Recordin� Secretary STA"TE OF FLORIDA COUN?Y OF OKEECN�BEE PERSONALLY appCared before me the undersigned authority, Jamie Gamiotea , Fred Sierlint� und Sue Christopher , weli known to me and icnown by me to be the Chairperson of the Bourd, Code Enforcement Officer and Recording Secretary, respectively, of ihe CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this ,� day of \ ,2U�8. � `J NOTARY PUBLIC My Commission expires: Q�-�- a5,aoao ,�'►�`,r'�"'�'�,, ryca��iw�s�eK �o.ws��.�� wr.w...lr�rww� Please return to: City of Okeechobee Code Enforcoment 55 SE 3� Avenue Okcechobee, FL 34974 (863) 357-] 971