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Okeechobee Park - Case #17-040Case #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.Rieqer cr�waiqreens.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. March 9, 2021 Case was presented to the Special Magistrate he ruled that a settlement had been reached. Case will be presented to City Council on April 6, 2021 for approval. March 12, 2021 Backup memo and Fine Reduction form emailed to Robin to add case to the agenda for the City Council meeting on April 6, 2021. April 6, 2021 Case was not presented to City Council scheduled for the next meeting on April 20, 2021. April 9, 2021 Backup memo and Fine Reduction form emailed to Robin to add case to the City Council meeting on April 20, 2021. Case #17-040, Okeechobee Park St LLC (Walgreens) Date Event/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 December 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 To: City Council Members From: Robert Peterson, Chief of Police Carlyn Kowalsky, Assistant City Attorney Subject: Consider settlement proposal in the case of City of Okeechobee Florida v. Okeechobee Park Street, LLC, Case No. 17-404. (Walgreens parcel) Date: March 12, 2021 The Special Magistrate entered a Lien/Order against this property in Case Number 17- 040 on January 11, 2018, as a result of violations of Sections 30-43 and 30-44 of the City's Code of Ordinances. The City provided the 90 day notice letter to the property owner, Okeechobee Park Street, LLC on or about August 30, 2018. The Lien has continued to accrue daily fines of $50.00. The City provided a demand notice letter to the properly owner, Okeechobee Park Street, LLC on or about February 17, 2021. The property owner has offered to settle the case and pay $9,920.00, to be immediately. This amount covers all of the City attorney's fee and costs plus seventy-five percent of the lien amount. Staff recommends acceptance of this settlement offer. Okeechobee Citv Fiorida Code Comoliance Deoartment IN RE: The Matter of Ciry of Okeechobee v. Okeechobee Park Sheet LLC Complaint #17-040 Respondent(s) Request for Reduetion of Aecrued Fine I, Joe Rieger, hereby request a reduclion of a fine imposed in the above referenced case and in support thereof would state lhe following informaGon: �. My name and curcent mailing address are: Joe Rieger 11650 Miramar Pkwy #107 Miramar, FL 33015 Office (954) 378-7900 Cell (954) 243-0006 c�. Physical address of the property which was the subject of the violation: Walgreens 100 NW Park Street Okeechohee FL 32809 3. A Fine in the amount oF $50.00 per day was imposed on the foilowing date, August 2, 2018. 4, ihe viola6ons were corrected, and I was advised that the property came into compiiance on fhe foliowing date: October 10, 2018 5. I am requesting that the accrued fine be reduced from 311,650 plus $1,182.50 aHomey fees (25%) to 58,737�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 Nom Walgreens that this violation was closed aut in August 2, 2018 with no fines. Sorry but the fine nolices were just mishandled my several people. Some of these people that misfiandled these notices do not work for Walgreens now. I Understand Tha! I Must Be Present and Personally Appear Before the Code Enforcement Special Magistrate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the following person to appear in my place: Mark Route 7003 Presidents Drive Suite 250 Orlando F 32809 (321)289-9936 7. � �. � Signature of Respondent Signature of Respondent Date: M�'�' I j � 2 uZ � Date: n to or,affirmed} and subscribed before me, by means of �physical presence or 20�,_ who produced asidentificadon. PnnuType/5tamped Nalaerof o ry My commission expires;,i�� online notarization Ihis 37 .�_�` �F �"` CITY OF OKEECHOBEE CODE ENFORCEMENT � _ �> ;_ �,�, `e : MARCH 09, 2021 SPECIAL MAGiSTRATE HEARWG �;;,,��,� 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 3ro Avenue, Room 200, Okeechobee, Florida. The Pledge of Aliegiance was led by Magistrate Azcona. 11. ATTENDANCE Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate RogerAzcona, Esquire, City Attorney Carlyn Kowalsky, Police Lieutenant Justin Bernst, Code Enforcement Officer Anthony Smith, and De�uty City Clerk Bobbie Jenkins were present. 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. 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 afl 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, CONTINUED, OR AMENDED A. Case No. 210210008; Sam Lane, 800 block of Northwest 10th 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. B. Case No. 210112019; Zaben Omar Nafal, 1000 Blk of West North Park Street [Legal Description NorthwestAddition 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 5th Avenue [Legal Description: Lot 3, REPLOGLE'S SUBDIVISION, Plat Book 2, Page 87, Okeechobee County pubfic 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 Attomey 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 Ciry recommended $3,985.00, which is the ten percent of the accrued fine, attorney fees, and the administrative fee. The properry 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 Ciry 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 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 Spe�al Magistr , e_aring was adjourned at 7:05 P.M. - - _ _ �Y%` - . ; F2oger Azcona�pecial Magistrate A�ST: _ / l � .� ��fN� `�,{/t�� / Christina Curl 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, 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. 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 �� City of Okeechobee Code Enforcement 50 SE 2"d Street Okeechobee, Florida 34974 (863)763-9795 RECEIPT (If Served by Hand Delivery) I�J I have received a copy of the Statemen` af Violation and Notice of Hearis�g ihat wilf 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. C Prop rty/ siness Owner Signature �oS�CP�-t C'�, ��,G6�fL Property Owner Name (Printed) l��'�G 6-� 2� 2 Date Okeechobee Ciri. Florida Code Comoliance Denartment IN RE: The Matter of City of Okeechobee v. Okeechobee Park Street LLC Complaint #17-040 Respondent(s) Reauest for Reduction of Accrued Fine I, Joe Rieger, hereby reyuest 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: Joe Rieger 11650 Miramar Pkwy #101 Miramar, FL 33015 Office (954) 378-7900 Cell (954) 243-0006 2. Physical address of the property which was the subject of the viola6on: Walgreens 100 NW Park Sfreet Okeechobee FL 32809 3. A Fine in the amount of $50.00 per day was imposed on the following date, August 2, 2018. 4. The violations were corrected, and I was advised that the property came into compliance on the foilowing 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 $8,73�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 I Must Be Present and Pe►sonally Appear Before the Code Enforcement Special Magist�ate !o Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the following person to appear in my place: Mark Route 7003 Presidents Drive Suite 250 O�lando F 32809 (321) 289-9936 7. � � `� - Signature of Respondent Signature of Respondent Date: M�'� � � �, Z OZ � Date: i to or,affirmed} and subscribed before me, by means of �physical presence or 20��_ who produced asidentification. r N � --- - -- -- �: Q. � •., p G • Q ��T•.,UBI.�,.•'�� ''''�� O 111 � O,```` online notarization this Christina Curl From: Anthony Smith Sent: Thursday, March 4, 2021 929 AM To: Christina Curl Subject: FW: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LL� _ Fine reduction Attachments: Walgreens at 100 Park St. Okeechobee FL Fine Reduction Form 3-3-2021.pdf; Walgreens Chronology.pdf; 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC; Walgreen receipt of hearing 3-9-2021 at 6-30 PM.pdf Anthony Smith City of Okeechobee Code Enforcement Officer 50 SE 2�d Ave. Okeechobee, FL. 34974 (863)763-2626 Extension 9795 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Rieger, Joe <joe.rieger@walgreens.com> Sent: Wednesday, March 3, 2021 5:58 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com>; Anthony Smith <asmith@cityofokeechobee.com>; Rouer, Mark <mark. rouer@walgreens.com> Cc: Lawson, Gary <gary.lawson@walgreens.com>; Gregg A. Dunn <opsgregg@yahoo.com>; Ware, Kelly <kelly.ware@walgreens.com>; City Attorney <cityattorney@cityofokeechobee.com> Subject: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC _ Fine reduction Hello Carlyn/ Anthony Walgreens, Mark Rouer District Manager of this store at 100 Park Street Okeechobee Florida will attend the hearing at City of Okeechobee Code Enforcement Magistrate on Tuesday the 9th day of March at 6:30 PM located at 55 SE 3'd Avenue Okeechobee City Hall. Okeechobee Florida 34974 in Council Chambers. Attached is the request for a fine Reduction. If this reduced amount is accepted, please provide this group an invoice and where to mail the check too. Thanks you for helping Walgreens with this problem and call me with any question. Evening Mark Rouer Please call me tomorrow. Sincerely, Joe Rieger Regional StoreCare Manager Region 6 11650 Miramar Pkwy. Suite 101 Miramar, FL 33025 Office Number (954) 378-7900 Direct Number (954) 378-7905 Cell Number (954) 243-0006 Fax Number (954) 378-7799 E-mail ioe.rieqer(c�walqreens.com This email message, including attachments, may contain information that is proprietary, confidential, privileged and/or exempt from disclosure. Please hold it in confidence to protect privilege and confidentiality. If you are not the intended recipient, then please notify the sender and delete this message. Any viewing, copying, publishing, disclosure, distribution of this information, or the taking of any action in reliance on the contents of this message by unintended recipients is prohibited and may constitute a violation of the Electronic Communications Privacy Act. From: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Sent: Tuesday, March 02, 2021 5:51 PM To: Rieger, Joe <]oe.rie�er@wal�reens.com> Subject: RE: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC (\!"! i�)`, : This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Joe As we discussed yesterday, I am sending you information from the City's files in an effort to find out who was notified at Walgreens and your landlord, Okeechobee Park Street regarding this code enforcement case. I understand that you already have a copy of the Lien/Order and the Fine Reduction Form. As you know this matter is scheduled to be heard at the March 9, 2021 code enforcement hearing. We appreciate your efforts to resolve this outstanding case. My understanding is that the amounts pending are: $11,650 in fines plus $1,182.50 in attorney's fees. The City is willing to recommend a 25% fine reduction, bringing the amount to &8,737,50 +$1,182.50 for a total due of $9,920. Once you have reviewed this information, please give me a call so that we can be prepared to make a recommendation to the Magistrate at next week's hearing. You will need to complete the fine reduction form and send it to us beforehand. Carlyn 561-248-3922 From: Rieger, Joe [mailto:ioe.rie�er@wal�reens.com] Sent: Monday, March 1, 2021 12:47 PM To: asmith@citvofokeechobee.com Cc: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Subject: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Afternoon Anthony I still did not receive your email, please resend? z Joe Rieger Regional StoreCare Manager Region 6 Cell Number (954) 243-0006 Anthony Smith 863-763-2626 From: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Sent: Monday, March 01, 2021 11:39 AM To: Rieger, Joe <ioe.rie�er@wal�reens.com> Subject: 4075 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC r 1!. i;";'� This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Joe I will give you a call this afternoon. There is a one page fine reduction form for you to complete and we can do a simple stipulation to resolve the matter if the property is currently in compliance. Carlyn Get Outlook for iOS Carlyn H. Kowalsky Attorney at Law � �''��S�11�� +�r _ +� � �.�t��c: ��^,�:�5 s� f��nu�. ��. Email: CKowalskyC�nasonyeager.com ;{ :�� ailu.r�lts �� "�tis �:�. �ae,�.� Tel: 561-982-7114 � Fax: 561-982-7116 �i 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI Mobile: 561-248-3922 j www. nasonyeager.com Profile vCard The information contained in this transmission is attomey privileged and confidentiaL It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and retum the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. 7'hink Grecn: Please do not print this e-mail unless absolutely necessary. From: Rieger, Joe <ioe.rieger@wal�reens.com> Sent: Friday, February 26, 20214:54:53 PM To: Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Cc: Ware, Kelly <kelly.ware@wal�reens.com>; Gregg A. Dunn <ops�re��@vahoo.com>; City Attorney <citvattornev@cityofokeechobee.com>; Missy Hernandez <mhernandez@nasonyea�er.com>; Stacey Janowitz <SJanowitz@nasonyea�er.com>; Greg Hyden <GHvden@nasonyea�er.com> Subject: Re: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Hi Carolyn Could you either please call me or email me on the next steps to close this case out. Appreciate all the help and have a great weekend. Joe Rieger Regional Store Care Manager 954-243-0006 Pardon me for any misspelled words or grammar errors, as this was sent via my cell phone. From: Greg Hyden <GHyden@nasonyea�er.com> Sent: Friday, February 26, 20213:30 PM To: Rieger, Joe Cc: Ware, Kelly; Gregg A. Dunn; City Attorney; Carlyn H. Kowalsky; Missy Hernandez; Stacey Janowitz Subject: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC (', '� 1!'� '� This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Rieger, I checked with the City and since there isn't an open Court case, you will need to go to the magistrate and the staff, on appropriate terms, will recommend settlement. Your contact that that is Carlyn Kowalsky, Esq. who is cc'ed to this email. Thanks! G reg Greg Hyden Attorney at Law Email: ahyden@nasonveacter.com Tel: 561-982-7114 � Fax: 561-982-7116 Profile vCard �.1 l"��5�0��'+�� r _______ _ ----- - _ � ��t�or� t�,�t�[s � ft,tn�thc.�, ot:�. ;'�.r 1��aFtraLt�� :',.0 �_:�1�. •_.�. �abri 750 Park of Commerce Blvd., Suite 210 �Boca Raton �FI www.nasonveaaer.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and retum the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire &aud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. 7'hink Grcen: Pfease do not print this e-mail unless absolutely necessary. From: Greg Hyden Sent: Friday, February 26, 2021 11:24 AM To: 'Rieger, Joe' <loe.rie�er@wal�reens.com> Cc: Ware, Kelly <kellv.ware@wal�reens.com>; Gregg A. Dunn <ops�re��@vahoo.com>; City Attorney <citvattornev@cityofokeechobee.com>; Carlyn H. Kowalsky <CKowalskv@nasonyea�er.com>; Missy Hernandez <mhernandez@nasonvea�er.com>; StaceyJanowitz (SJanowitz@nasonyea�er.com) <SJanowitz@nasonyeager.com> Subject: RE: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Dear Mr. Rieger, Thank you for the email. I will speak with the City and get back to you later today or early next week. Th a n ks, G reg From: Rieger, Joe [mailto:ioe.rie�er@wal�reens.com] Sent: Friday, February 26, 2021 11:03 AM To: Greg Hyden <GHyden@nasonvea�er.com> Cc: Ware, Kelly <kellv.ware@wal�reens.com>; Gregg A. Dunn <ops�re��@vahoo.com> Subject: 4074 Walgreens // City of Okeechobee v. Okeechobee Park Street LLC Importance: High Morning Mr. Hyden I apologize, but Walgreens was unaware that there was a fine on this location. By all means I would like to settle this case by paying $9,000 to close out this case. I would just need an invoice for this amount and who to send this too? Call me for the next steps on this problems, Thanks, Sincerely, Joe Rieger Regional StoreCare Manager Region 6 11650 Miramar Pkwy. Suite 101 Miramar, FL 33025 Office Number (954) 378-7900 Direct Number (954) 378-7905 Cell Number (954) 243-0006 Fax Number (954) 378-7799 E-mail joe.rieQerCa�walcareens.com w-- �. .":�f: . ^>.v�.vm.�?heKr=.,..... This email message, including attachments, may contain information that is proprietary, confidential, privileged and/or exempt from disclosure. Please hold it in confidence to protect privilege and confidentiality. If you are not the intended recipient, then please notify the sender and delete this message. Any viewing, copying, publishing, disclosure, distribution of this information, or the taking of any action in reliance on the contents of this message by unintended recipients is prohibited and may constitute a violation of the Electronic Communications Privacy Act. From: Ware, Kelly <kelly.ware@wal�reens.com> Sent: Thursday, February 25, 20213:39 PM To: Rieger, Joe <joe.rie�er@wal�reens.com> Cc: William Sandritter <william sandritter@dynaservfl.com> Subject: FW: City of Okeechobee v. Okeechobee Park Street LLC Hi Joe, William said you are working on this. Kelly Ware Regulatory Law — Citations Coordinator 104 Wilmot Road — MS 144K Deerfield, ll 60015 847-315-4031 Fax: 847-481-7906 E Trusted �ince ��U� � From: Ware, Kelly Sent: Thursday, February 25, 20212:20 PM To: William Sandritter <william sandritter@dvnaservfl.com>; Bell, Carol <carol.bell@wal�reens.com>; Lawson, Gary <�ary.lawson@wal�reens.com> Cc: Hartzell, Suzanne <suzanne.hartzell@wal�reens.com> Subject: FW: City of Okeechobee v. Okeechobee Park Street LLC William, What is the status on this issue? Kelly Ware Regulatory Law - Citations Coordinator 104 Wilmot Road - MS 144K Deerfield, IL 60015 847-315-4031 Fax: 847-481-7906 .�. Truste� si�c�e ��fi ,� From: Hartzell, Suzanne <suzanne.hartzell@wai�reens.com> Sent: Thursday, February 25, 2021 131 PM To: leaseadministrationinvoice <leaseadministrationinvoice@wal�reens.com>; Ware, Kelly <kellv.ware@wal�reens.com> Cc: Gregg A. Dunn <opsgre��@vahoo.com> Subject: FW: City of Okeechobee v. Okeechobee Park Street LLC Can anyone in your dept. help with this? Thanks, Suzanne Hartzell Senior Specialist, StoreCare+, Centralized Services Site Operations Walgreen Co. � 521 W. Avalon Avenue, Muscle Shoals, AL 35661 You may contact us at 1-844-STORECARE. (844) 786-7322 Option 1 for English and then Option 2 for Vendor and ask for me M-F 7am to 330pm CDST. Member of Walgreens Boots Alliance This email message, including attachments, is the property of Walgreen Co. or its affiliates. It is intended solely for the individuals or entities to which it is addressed. This message may contain information that is proprietary, confidential and subject to attorney-client privilege. If you are not the intended recipient, please immediately notify the sender and delete this message from your system. Any viewinq, copying, publisning, disclosure, distribution of th_s ;_r.fcr�nat�_on, o� tc� taking of any action in reliance on the contents of this message by unintended recipients is strictly prohibited. From: Gregg A. Dunn <ops�re��@vahoo.com> Sent: Thursday, February 25, 2021 1:18 PM To: Hartzell, Suzanne <suzanne.hartzell@walgreens.com>; Rouer, Mark <mark.rouer@wal�reens.com> Subject: Re: City of Okeechobee v. Okeechobee Park Street LLC _,' '' i�'' `;: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Suzanne, Mark, I received the attached complaint and am unclear as to whom I am supposed to send this to. I was made aware of the problem they are referring to by Joe Rieger who was the regional store care manager covering my store. I was told that this problem had been taken care of and the fines have been paid. Can either of you tell me what my next steps should be? Thank you, Gregg A. Dunn Okeechobee Park Street, L.L.C. 20525 Nordhoff Street # 4 Chatsworth, CA 91311 Tel: 818) 259-8568 Fax: 818) 775-2973 IMPORTANT NOTICE: This message is intended only for the individual or individuals to whom it is directed. If you are not an intended recipient of this message (or responsible for delivery of this message to such person), any dissemination, distribution or copying of this communication is strictly prohibited and may be a crime. No confidentiality or privilege is waived or lost by any misdirection of this message. If you received this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender by return e-mail. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. � � For more information please visit httq://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com � � � Okfeechobee CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 Okeechobee Park St, LLC, Walgreens CO 863-763-9795 Phone 863-763-7804 FAX Date 02/26/2021 CASE NO. 17-040 :��s�I�:��i� �1"1� �� VIOI.�"[�It)I�J ��til� �=1�'1�1C'� (�d� i-�i�:/°�I�I�J&; 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: ChBpter 30 SeCtion 30-43 & 30-44 2. Address and Parcel# where violation e�sts: 100 NW PaPk St 3-15-37-35-0010-01550-0080 3. Name and address of property owner or person in charge of location where violation exists: Okeechobee Park Street, LLCNValgreens CO: 100 NW Park St 4. Description of Violation: MOW Veg2tatlOtl, Trim shrubbery and remove yard debris/trash 5. Date violation must be corrected by�a� 2, 2018 6. Date violation first obsen=ed on or aboutl2/16/17 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 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 that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Deparhnent. If you fail to appear 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 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 Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acnerdo puede apelaz una orden administrativa fmal a la tribunal de circuito . Tal apelacion sera azchivada en el plazo de 30 dias de la firma de la orden que se apelaza. R. GREGORY HYDEN �MAIL ADDRSSS: ghyden@nasonyeager. com \1 Nason l�ea er � G£RSOh. } IARRtS & FUh1ER0. 3?,�. � :\TIORtiiYSAI LAtV Let. t7G0 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 Dee�eld, 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) 982-7116 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 Properiy into compliance with the City's Code of Ordinances. You failed to bring 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 Property 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.nasonyeager.com PALM BEACH GARDENS • BOCA RATON Despite our subsequent communication(s) with you, you have still not paid the imes. 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 proceed with a foreclosure action. Please contact this office at your first available convenience to discuss this matter. Many Thanks, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. � �''�°'� �� R. Gregory Hyden Enclosure Doc No: 1021280 1N THE COUNTY COURT OF THE NIN�T�ENTH JUDICIAL CIRCUTT IN AND FOR OI{EECHOBE� COUNTY, FLORIDA CITY OF OKEECHOB�E, FLORIDA, a municipal corporation organized under the laws of the Siate of Florida, Plaintiff, v. OKEEC�-�OBEE PARK STREET, LLC, De£endan#, / COMPLAINT CASE NO.: COMES NOW, Plaintiff, CITY OF OKE�CHOBEE, FL�RIDA ("Plaintiff or "City"), by and through undersigned caunsel, and brings this action for foreclosure against the Defendant, OKEECHOBEE PARK STREET, LLC (collectively "Defendant") and in suppoi�t thereof states: Venue and Jurisdiction 1. This is an action to foxeclosure a Iien on the Defendant's real property located within Okeechobee County, Flo�•ida. 2. Tlus Cout-� has ariginal juxisdiction over this action because the City's lien and related damages do not exceed the sum of $30,000 exclusive of costs. 3. Venue is proper in the Nineteenth Judicial Circuit because the property in c�uestion is lacated in Okeechobee Couniy, more specifically, Okeechobee, Florida. 4. The Defendant owns real property located at 100 N.W. Park St�•eet, Olceechobee, Plorida. The Parcel Folio number is 3-15-37-35-0010-015S5-0080 (33974} ("Property"). 5. The Property is not homestead property and not otherwise exezx�pt under .Al.�ticle X, Section 4(a} of the Florida Constitution. 6. Pursuani to Florida Statute Chapter 162, the City has the riglit and obligation to enforce its Codes and Ordinances within its boundaries and has the authority to foreclose applicable liens stemming iherefram. General Alre�ations 7. By way of background, the City observed that the Propei�ty was in violation of Chapter 30, Section 30-43 of the City's Code of Ordinances. The rrxatter was eventually referred to the Code Enforcement Board in mattex number 17-040. 8. The Code Enfoxcement Board subsequently entered a Lien/Order imposing a fine of $50.00 per day. The Lien/Order is recorded in Boolc 804, Page 96 of the Official Records of Okeechobee County, Florida. A true and correct copy of the Lien/Ox•der is attached hereto as Exhibit "A" and incorporated by reference herein. 9. By way of letter dated August 30, 20i8, the Defendant was advised that the daily fines of $50.00 had accrued for over 90 days and that this could result in fareclosure. 10. All conditions precedent for bringing ihis action have occuned or been performed. Count I — Foreciosure 1 l. The City realleges paragraphs 1 through 1Q as if fully set forth herein. 12. Pursuant to Florida Statutes Section 162.09(3), if a valid lien remains for a period of 94 days and daes not otherwise come into compliance, the City may elect to file a foreclose the lien. 13. As of the 90th day, and at all times since, the said lien has not been satisfied. 14. Tn addition to the various inailings, the City has posted notice(s} of lien on the Property itself. Ia I 5, Through October 10, 2018, the Defendant owes the City $11,650.00 pltts attorney's fees and costs. Additionally, the fine continues to accrue at $50.00 a day thereafter until entx•y of the judgment of foreclosux•e by this Court. 16. The City believes that there may be additional persons who may be interested in the Property, but after a diligent search and inquiry remain unknown to the City. 17. The unlcnown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or othez• claimants by, through, under or against the Defendants herein, and therefore all of the said unknown parties are made defendan#s to this action. 18. There may be other unlcnown parties having or claiming to have some right, title or interest in the subject matter of this action, but whose naznes 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 unlcnown, their residences are unknown, and the City does not know, by, through, or under or against whom they may claim, nor what right, title or interest they xnay claim in the Property. 20. The City has expended, and will expend dtuing the pendency oithis action, certain necessary costs and shall seek reimbursement of same. 21. Furtiaer, the City has retained the undersigned counsel as its attorney in this action az�d has agreed to pay him a reasonable fee for said ser�vices. The said fees are an additional indebtedness authorized by Florida Statutes ChapteY• 162. WHEREFORE, the City respectfully requests thai (a) this Court enter a judgmenfi of foreclosure, ward the accrued lien(s), expenses and costs, including attoiney's fees and costs, plus interest to the City; (b} if the said sum is not paid within a time set forth by the Coiurt, the City c requests that the Property be sold at auction to satisfy the City's ciaim; (c) if the proceeds of the foreclosure sale are insufficient to pay the City's claim, that a deficiency judgment be entered for the surns remaining unpaid against the Defendants herein; and (d) such other relief as this Honorable Couzrt deems just and proper. Respectfiilly submitted, NASON, YEAGER, GERSON, HARMS & FUMERO, P.A. 750 Parlc of Commerce Blvd., Suite 210 Boca Raton, Florida 33487 Telephone: (561) 982-7114 Facsimile: (561) 9$2-7116 E-mail: �hvden�a,nason ��eager.com Atlorneys for the Plaintiff Florida Bar No.: 50839 By: R. GREGORY I-IYDEN 4 COD� ENFORCEMENT BUARD OF THE CITY OF OKEECFiOBEE, I'LORIDA. CASE NO. 17-040 CITY OF OKEECHOBEE, P�.'1'ITIONER, i 11'�� 1��1! �il�; �� ,�'iI13� I��i � Fz�.E -VS- OR BK 8�a4 P�G 96 SHAFON ROBERTSON, CLERY, h CUI1FTHi!� ��•:F OY.EECHOEEE COUNTYr FLORIDA Rf:SPONDLNT, kEfORDED 03/iS12AlE 09=56s48 Atl f�ECORDIFIG FEES ft�.5�� REr:OFDFD BY ti F i non Okcechobee Pazk Screet LLC / F9s 96 - 97i c2 pA5) I.iF.N / ORDER THIS CAUSE c�me beforc the Code Enforcement Board, City of Okeechobee, for public hearing on Januarv 9, 20 18 . After due notice to tl�te respondcnt, the Aoard having heard evidenc� on the aileged violativn by witncsses or af�"idavit makes the following findings: A. FINDINGS OF FACT: I,ots: 8, 9, 10, 11 8c 75 ft of Lot 12 Blk: 155 Section: City of Okeechobee Parcel: 3-15-37-35-0010-01550-0080 Yroperty location: l 00 NW Park Street, Okeechobee, FL Yroperty owner: Ukeechobee Pazk Street I,I.CG Property has bcen found to have dead trees/vegetation, debris/trash and ground cover that has bccn washed away and needs to he replaced. (see enclosed) B. COI�iCLUSIONS OF LAW: The owner of ihe praperty described above has bec:n f4und in violation of Chapter 30 Sec 30-43 Public nuisance 8c 8ec 30-44 Generrsl cleaning C. ORDER: The City of Oke�chobee Code F.nforcement Board has determined you have vic�lated the Code of Ordinances, Ch�_ Sec 30-43 Public nuisa�nce � Sec 30-44 General clearLne and beauti£icgtion conaerning your property located at 100 NW Park St,. Okegchobee. �L . iFyou do not coniact �,e Ci�,y witt� twep�v-f�ve dav�,prqviding a time table outlininsz s,,,pec'�Y when the landscagit�g issues listed above will t�e corrected or notifv the Code Gnforcement Officer of the correction the Board imposes a fine Qf SS0.00---- ner dav commencin¢ that date and continuing daily wntil the violation is aorrected or the citv is notified �j+you and verifies the correction_ which ever Tirsi occxtrs. Furiher, if you do not correct the violation by said date, a copy of this order as a claim of lien, shail be recorded in the ofTice of the Clerk of Circuit Court, Okeechobee County, Fiorida, and once recorded, becomes a lien on real and personal property pursuant to I'lorida Siatute 162. You have a right within xhirty days, to appeal this finding and order i>y i7�/rit of Certiorari tn the Circuit C.onrt, Okeechobee Couniy, Florida. If you corsect the violation prior to the above date, it is your ob2igation EXHIBIT coniact the Code E�forcement Officer to verify snch compliance. � 9 � A �l '�y �LJ AGREED AND ORDEFtED this �� day or �G�r,Y1.Lt .+�-�, 20 l8 . Cl'TY OF OKEECHOBEE, Petitioner Okeechobee Park Suest LLC Respondent CODE ENFORCEMENT BOAKD City of Okcechobee, Florida / �% _... . . � �►irperson e fin cement O�c r AT'TES'i': .�.�,�t l./VL1.c.�� ,�6-p�lt�_ Recording Secrelary STATL OP FLORTDA COUNTY OF OKEECNOBEE PERSONALLY appeared before rne t��e undersigned authority, Jamie Gamiotea , Fred Sterling and Sue Ctu�istonher , well known to me and known by me to be the Chairperson of the Board, Code Enforcemeni ��cer and Recording Secretary, respectively, of the CI3"Y OF �KEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCitIBED before me this �, day of � ,Z0�8- ��--�� `-��'�'/ NOTARY PUBLIC My Commission expires: ��'.'.`'--.,.^"�. wcow.��o�iiwsra� �c..is:�s��r � • �.r..,w.�.rrr�rr� p�,�y,�,� �5,aoao I'lease return toc City of Okeechobee Code En%raement 55 SE 3"' Avenue Okeeciiobee, FL 3�974 (863) 357-19'�1 Melissa Close From: Sent: To: Cc: Subject: Dear Ms. Close, Try this: VIA CERTIFIED MAIL �� _�, Greg Hyden <GHyden@nasonyeager.com> Tuesday, September 22, 2020 3:43 PM Melissa Close John Fumero; Carlyn H. Kowalsky; Missy Hernandez RE: Letter Walgreens ��(1 ��T SC`.c.l�' ��'y' J �1C�� RETURN RECIEPT REQUESTED Okeechobee Park Street, LLC Walgreens Co. Real Estate Property Tax Deerfield, Illinois 60015 -�� Re: City of Okeechobee v. Okeechobee Park Street LLC Code Enforcement Case Number: 17-040 Dear Property Owner, ��- Se-�-�,r�"� 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 bring 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 Property 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. #' Despite our subsequent communication(s) with you, you have still not paid the fines. If payment is not made by , the City will have no other option than to proceed with a foreclosure action. Please contact this office at your first available convenience to discuss this matter. From: Melissa Close [mailto:mclose@cityofokeechobee.com] Sent: Tuesday, September 22, 2020 3:29 PM To: Greg Hyden <GHyden@nasonyeager.com> Subject: RE: Letter Walgreens I like it. The only problem is Mr. Sandritter is the landscape company that they hired. He called and said he has noting to do with Walgreens. Which I find crazy, he requested a fine reduction form. I went through the file multiple time until I realized he is a landscaper. So we may need to keep him out of the letter??? From: Greg Hyden <GHvden@nasonyea�er.com> Sent: Tuesday, September 22, 2020 2:52 PM To: Melissa Close <mclose@citvofokeechobee.com>; Carlyn H. Kowalsky <CKowalskv@nasonvea�er.com> Cc: Missy Hernandez <mhernandez@nasonyea�er.com> Subject: RE: Letter Walgreens Dear Ms. Close, Here are my revisions: VIA CERTIFIED MAIL RETURN RECIEPT REQUESTED Okeechobee Park Street, LLC Walgreens Co. Real Estate Property Tax Deerfield, Illinois 60015 Re: City of Okeechobee v. Okeechobee Park Street LLC Code Enforcement Case Number: 17-040 Dear Property Owner, As you aware are, Okeechobee Park Street, LLC owns real property located at 100 N.W. Park Street, Okee�hobee, Florida 72 ("Property"). This correspondence is being sent to you regarding the ou�stan�ng fine of $11,650.00 (` '" relative to the Property. As you are aware, this Fine relates to vi�ka 'ons that occurred from February 19, 2018 thr h October 10, 2018. � �� By way of background, the aforesa� violations were first erved' on December 7, 2017. The City of Okeechobee ("City") caused a Notice of Vio ' n to b�t to you on the same day. The Notice of Violation gave you ten (10) days to bring the Properiy in�t�o e nce with the City's Code of Ordinances. You failed to bring the Property into compliance and thus�tiie matter was ented to the Code Enforcement Board ("Board") in Case Number 17-040. �" � The Board found that the Pxop'erty was in violation of Section 30-43 (Public Nuisan d section 30-44 (General Cleaning and Beautification) of the City's Code of Ordinances. The Board provided yo enty-five (25) days to provide th�tty" with a timetable relative to the necessary maintenance and landscape improvements. The MapPrint_Okeechobee-Cour roperty-Appraiser_8-19-2020 Page 1 of 1 q , ;�s� -; i. � --- - }�- � � �� — � , - -- � e � � , �r *r � , ' E ,�._ �F �.__ �� j� !w�' � '+�� j ,� ,,,�, „� I!� '� TT � "�1'__,� ,b �� q - , �.' 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REAL ESTATE PROPERTY TAX • � DEERFIELD, IL 60015 Ag Lnd $0 Assessed $1,768,083 .` Site: 100 NW PARK ST, OKEECHOBEE Bldg $667,390 Exempt $0 � ��- Sales >>�8izoos go i�u) XFOB $146,950 county:$1,768,083 -�:�Y+.Y . Info 5�28�1998 So v(u) Just $1,768,083 Total city:$1,768,083 n2anss� S25o,o0o i�u� Taxable other.$1,768,083 school:$1,768,083 Okeechobee County. FL This information„ was denved from data which was compiled by the Okeechobee County Property Appraiser Office solely for the govemmental purpose of property assessment. This infortnation shoultl not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the tlata herein, iPs use, or iPs interpretation. Although i[ is penodically updatetl, this information may not reflect the data currently on fle in the Property Appraisers offce. r,;.,��..i ,,,,;,, ,,,,,,, http://www.okeechobeepa.com/gis/gisPrint/ 8/19/2020 � �� , �m�:� ie� �� ll-� �GCc� �:��rr� Walgreens William Sandritter <william_sandritter@dynaservfl.com> Thu 11/21/2019 6:05 Afvl To: Fred Sterling <fsterling@cityofokeechobee.com> Good Morning Mr. Sterling, I spoke to the Program Manager for Walgreens in Chicago. He told me to take point on the matter involving Walgreens and the City of Okeechobee. Please send me the information they need to appeal the fines that are pending on Walgreens. I will be sure you receive the information needed to move forward with this matter. Thank you, Bill tiViCCiam Sandritter �ice �1'resident, Operations/NationaCAccounts 10501 S Orange Ave Suite 119 Orlando FL 32824 Office: 407-637-6942 Fax: 407-574-2478 William Sandritter(cr�dvnaservfl.com � Description: cid:image002.jpg a�01CDA85 D.EA898B80 Experience the DynaServ difference... We Care and it shows. City of Okeechobee Code Enforcement 50 SE 2"d AVe Okeechobee, FI 34974 (863) 763-9797 (863)763-7804/Fax To: Okeechobee Park Street LLC — Walgreen From: Melissa Close — Code Enforcement Administrative Secretary Regarding: Fine Reduction form for Case #17-040. If Any questions, please feel free to call us at the above phone numbers. Thank you for your time in this matter Sincerely, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary IN RE: The Matter of Respondent(s) OKEECHaBEE CO�UNTY�, FL(�RIDA CODE COMPLIANCE DEPARTMENT Camplaint # REQUEST �OR REDUG'T'IQN OF ACCRUED FINE I, hereby request a reduction of a fine imposed in �lie above- referenced case and i� support ihereof uTauld state the following information: 2. 3. 4. 5. 6. My name and current mailing address are: Physical address of the property which vvas the subject of the violation: A fins ix� the amo�.n,t of $ per day was imposed on the following date: The violatians were corrected and I was advised that the praperty came into compliance on the following date: 7 am requesting t�iat the accrued fine be reduced fram $ The accrued fuze amount should be reduced because: to $ '7. I UNDERSTAND THAT I MU�T BE PItESENT AND PERSONNALLY A.PPEAR BEFORE THF: CODE EN�ORCEMENT SPECIAL MAGISTRATE TO PRESENT AND DEFEND THIS REQiTEST F0Y2 A R.EDUCTION TN THE FINE. If I cannofi personaliy appear, I hereby designate the following person to appear in my place: Signature of Respondent Signature of Respondent Date: Date: The foregoing instrument was sworn to (or affirmed) and subscribad before me this day of 20 by and who produced as identification. Si�ature of Notary Publ:ic — StaEe of Flarida PrinUTyped/Stamped Name of Notary My commission expires: F;LSHARED1AamandalCode Enforcement �aard MeetingsiO�ders and other foRnstRequest for reduction of acerued fine 2007.doc Revised7/20/2007 City of Okeechobee Code Enforcement 50 SE 2"d Ave — Okeechobee, FI. 34974 863-763-9795 863-763-7804/Fax Okeechobee Park Street LLC PO Box 1159 Deerfield, IL 60015 Case # 17-040/190917021 To Whom it May Concern, Date: October 30, 2019 We appreciate you bring your property into compliance, but this does not cancel the Code Enforcement Lien on the property stated above. As you are aware at the lanuary 2018 Code Enforcement Meeting, you were found in violation of Ch 30 Sec 30- 43 Public Nuisance and Ch 30 Sec 30-44 General Cleaning & Beautification. The Code Board imposed a fine of $50.00 a day. The fines of $50.00 a day started on February 19, 2018 and ran until October 18, 2018 at that time you came into compliance. The balance due on this property is $11,650.00. 1 would like to get this issue resolved and file a satisfaction of lien for this property. This has run well over 90 days and I would like to give you a chance to make a payment before I start the foreclosure process. You can also call us if you would like to come in front of the Special Magistrate for a fine reduction, and we will get you on the next regular scheduled agenda. We meet every second Tuesday of the month. You can make a payment at/or mail to the City Police Department at the above address, by a check or money order made out to the City of Okeechobee. Or you can go to the Okeechobee City Hall and see Kim Barnes to make payment. Please reference the above case number on the memo. Sincerely, �. �..z.� Cv l��►4.�.� Melissa Close Administrative Secretary City of Okeechobee Code Enforcement o m B ° � Alll�l� � m i 1� I� �iV �' I ■ Complete items 1 �d 3. a. signatur�,;;,, �,�..� J;,-.._•_.; i, i ❑ Agent ■ Print your name and address on the reverse X Q� WILMOT RD so that we can return the card to you. ❑.4ddressee ■ Attach this card to the back of the mailpiece, B• Re d1��15 C. Date of Delivery or on the front if space permits. � ddress different from item 1? ❑ Yes - :r delivery address below: ❑ No Okeecho�.;=:e Park StreeC'LLC PU Box 1159 Deerfiel, IL 60015 ( I'll'I III'I I II I IIIII' II I I I' I I I 3. Service Type ❑ priority Mail Express� ❑ Adult Signature ❑ Registered MaiIT"' ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 5044 9092 4556 72 ❑ Certified MailO Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number frransfer from servir.e �anPn ❑ Cnller.i on Delivery Restricted Delivery � Signature ConfirmationT"' �1ail ❑ Signature Confirmation 7 �� 8 17, 3 � � � � 1 8 9 5 7 �], 2 2 Nail Restricted Delivery Restricted Delivery --- ---- - - - - , N�zra�oo� PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS:TRA�KW�,#„�,.. ,:.. �:� � ��I�I � �, ,:-' 't, " .:i �_. _.... 9590 9402 5044 9D92 4556 72 United States Postal Service w i-��i� t-(i�BS$ (y�81� � E :=atage & Fees Paid ��S Permit No. G-10 • Sender: Please print your name, address, and ZIP+4`� in this box• City of Okeechobee Code Enforcement 50 SE 2nd Ave Okeechobee, FL 34974 .• .�..'Ti:�: ::' µ:i,_: i��fi!!l:i7il��tf��!'l�I�E�ltFl�l�li�1�F��i�E7�5jii�j�ji!f1i1 r-u � � O f`- u"1 � � � O 0 O � m a a � a 0 N Fee xcra �ervices tk tees (check6ox, add fee as �] RoNm Receipt (hardcopy) $ _ �] Retum Recelpt (electronic) $ _ ❑ Cortified Mail Restricted Delivery $ _ ��FldultSignaWreRequlred $_ n Adult Signature Restricted Delivery $_ �;{�;�il��- Postmark Here i � v � � J- �----- lr�.,U�_�� ------ � '�,-�erEl�ieu c'v'iaii service provide: ■ A receipt (this portion ot the Certified Mail labep. ■ A uniquc identifier for your mailpiece. ■ Electwnin m�'ficalion of delivery or attempted delivE:;:: ■ A rec�� . livery (including the reclpienYs signaiwuJ tlldt is retained by the Postal Service'" for a specifietl periad. l�,Porfant Remindelsr ■ You may purchase Certifled Mail service with Frst-Class Mailm, First-Class Package Service�, or Prionty Maila service. ■ Certified Mail service is notavailable for international mail. ■ Insurance coverage is not available for purchase with Certified Mail service. Nowever, the purchase of Certified Mail service does nol change the insurance coverage aulomatically included wilh certain Priority Mail items. ■ For an adtlitional (ee, and with a proper endorsement on tlic mailpiece, you may requcst the following services: - Retum receipt service, which provldes a record of delivery (including the recipienYs signature). You can request a hardcopy retum receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestrc Refum Receiph altach PS Form 3611 to your mailpiece; � the following benefits: for an elecVonic return receipt, see a retail associate for assistance.To receivn n dnnlicate retum receipt for no addilional fee this USPS�-poslmarked Certified Mail o the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Ad�dt signature service, which requires the signee to be at least 21 years of ac�e (not available at retail). - Adult signature restrictetl delivery service, which requires the signee to be at least 21 years of age and provides dclivery to the addressee specified by name, or to lhe addressee's authorized agent (not available at retail). ■ To ensure tliat your Ccrtified Mall receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a posimark on lhis Certified Mail receipt, please present yaur Certified Mail item at a Post Office"for postmarkin9. If you don't neetl a postmark on this CeRified Mail receipt, detach the 6arcoded portion of this la�el, aitix it to the mailpiece, apply appropriale postage, and deposit the mailpieco. IMPORTANT: Save ihls receipt for your recards. PS Form 3800� Apri12015 (Roverso) PSN 7530-02-000-9047 Detail by Entity Name Rorida Deuartmenf of State �i �� J��/1:;1U! ( JJ �J,/l�!-/,.org �� J��_�J;?�\'f'fJ�`(� Department of State / Division of Corporations / Search Records / Detail Bv Document Number / Detail by Entity Name Florida Limited Liability Company OKEECHOBEE PARK STREET, LLC Filinq Information Document Number FEI/EIN Number Date Filed State Status LastEvent Event Date Filed L06000100579 51-0608105 10/16/2006 FL ACTIVE REINSTATEMENT 03/22/2010 Principal Address 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Changed: 07/24/2012 Mailinq Address 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Changed: 07/24/2012 Renistered Aqent Name 8 Address PARACORPINCORPORATED,PARACORPINCORPORATED 155 OFFICE PLAZA DRIVE 1 ST FLOOR TALLAHASSEE, FL 32301 Name Changed: 01/06/2015 Address Changed: 12/03/2014 Authorized Personls) Detail Name & Address Title MGR DUNN,GREGG Page 1 of 2 D�,v;a��crn �: CoR�oR�rior�s http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 11 /6/2019 Detail by Entity Name 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Annual Reports Report Year Filed Date 2017 01 /09/2017 2018 03/19/2018 2019 02/18/2019 Document Imaqes 02/18/2019 -- ANNUAL REPORT View image in PDF format 03l19/2018 -- ANNUAL REPORT View image in PDF format 01/09/2017 — ANNUAL REPORT Viesv image in PDF format 03J08/2016 — ANNUAL REPORT View image in PDF format 01/O6/2015 — ANNUAL REPORT View image in PDF format 06/12/2014 — ANNUAL REPORT View image in PDF format 02/28/2013 — ANNUAL REPORT View image in PDF format 07/24l2012 — ANNUAL REPORT View image in PDF format Ot/28/2011 — ANNUAL REPORT View image in PDF format 03/22/2010 — Reinstatement View image in PDF format 10/13/2007 — REINSTATEMENT View image in PDF format 10/16/2006 — Fionda Limited Liabilitv View image in PDF fcrmat Page 2 of 2 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 11 /6/2019 MapPrint_Okeechobee-Count�= PropF;rty-Appraiser_9-17-2019 Page 1 of 1 �� C1 Cc��c' �- I 1— U�I�:� I �',� ' t , � '' � ' �`,�_' �� , �r�� ;��+� � � . , . ��_�� '�'�. �' � '�1:�i , '�� ' �,8�a�_��.�-, . � ,.: s 5? 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Bandi � Okeechobee, Florida � 863-763-4422 PARCEL: 3-15-37-35-0010-01550-0080 � sroResi� s�oo� �oo> � 2.oas nc CITY OF OKEECHOBEE LOTS 8 9 10 11 & S 75 FT OF LOT 12 BLOCK 155 LESS ROAD R/W AND CITY OF OKEECHOBEE LOTS 1 TO 6 INC AND ALLEY RU VNING OKEECHOBEE PARK STREET LLC 2�119 Preliminary Certified Values WALGREENS CO Mkt Lnd $89�,348 Appraised $1,677,765 Owner: REAL ESTATE PROPERTY TAX Ag Lnd $0 Assessed $1,677,765 P O BOX 1159 DEERFIELD, IL 60015 Bldg $640,313 Exempt $0 Site: 100 NW PARK ST, OKEECHOBEE XFOB $146,104 county:$1,677,765 Sales >>i8�zoos So i(u) Just $1,677,765 Total city:$1,677,765 Info snansee So v�u� Taxable other:$1,677,765 �izanss� szso,000 i�u) school:$1,677,765 Okeechobee County.FL intormation„ was aenvea irom aata which was compiletl by the Okeechobee County Property Appraiser Office solely for the govemmental purpose of property assessment. This information Id not be relied upon by anyone as a determination of the ownership of pro��erty or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's or iPs interpretation. Although it is periodically updated, this information ma�� not reflect [he data currently on file in the Property Appraiser's office. GfialyLOgiC.Com http://g4b.okeechobeepa.com/gis/gisPrint/ 9/ 17/2019 2019 FLORIDA LIMITED LIABILITY _ �APANY A,NNUAL REPORT DOCUMENT# L06000100579 Entity Name: OKEECHOBEE PARK STREET, LLC Current Principal Place of Business: 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 Current Mailing Address: 20525 NORDHOFF STREET SUITE 4 CHATSWORTH, CA 91311 FEI Number: 51-0608105 Name and Address of Current Registered Agent: PARACORPINCORPORATED,PARACORPINCORPORATED 155 OFFICE PLAZA DRIVE 1 ST FLOOR TALLAHASSEE, FL 32301 US FILED Feb 18, 2019 Secretary of State 3275799781 CC Certificate of Status Desired: No The above named entity submits this statemenf for the purpose of changirg its registered office or registered agent, or both, in the State of Florida. SIGNATURE: PARACORP INCORPORATED 02/18/2019 Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Name DUNN,GREGG Address 20525 NORDHOFF STREET SUITE 4 City-State-Zip: CHATSWORTH CA 91311 I hereby certify that the information indicated on this report or supplemental report is true 3nd accurate and that my electronic signature shall have the same legal effect as if made under oath; that 1 am a managing member or manager ol the limited liabiliry company or the rec�iver or trustee empowered to execute this report as required by Chapter 605. Florida Statutes; and that my name appears above, o� on an atlachment with al/ other like empowered. SIGNATURE: GREGG DUNN MANAGER 02/18/2019 Electronic Signature of Signing Authorized Perso�(s) Detail Date Mail - fsterling@cityofokeechobee.com Emailing: Okeechobee Walgreens.pdf William Sandritter <william_sandrifiter@dynaservfl.com> �r� gi2�;zo�a b:s� arn �o:Fred Sterling <fsterling@cityofokeechobee.com:•; ccWilliam Sandritter <william_sandritterC�?dynaserv�Lcom>; "{ �att��cF7rne�rzts (21 Pt.�!Bj Okeechobee Walgreens.pdf; Good morning Mr. Sterling, Attached is a crude plan for the Walgreens landscaping re-vitalization. Page 1 of 1 I apologize for the crudeness of this drawinc�, but I tried very hard to get an L-1 for you, but no one could locate that plan. I have attached pictures and numbered thern as to where we would install the material. I am sure there will be questions. I am available anytime you need to speak with me about this. We are ready to start installation once you give us permission. Thank you, Bill William Sandritter Vice President, Operations/Nationa) Accounl:s "1050"I S Orange Ave . �----------------------------------------- Suite 119 ------------------ Orlando FL 32824 ------------------------------------- Office: 407-637-6942 Fax:407-574-2478 William_Sandritter@dynaservfl.com Experience the DynaServ difference. We Care and it shows. https://outlook.office365.com/owa/?realm=cityofokeechobee.com&exsvurl=l &11-cc=103... 09/21 /2018 t' � E�'�. .`��.i_�,;�-.{t � a.«.a� �.... � "'�. " .... . .. A : i� 1—� Y C L � � � �^ � < � W � �� a„`3 � � pj � •� w.� � j¢ V/ � � � �++ � .� m � � � v � � � � Q. �� L Q � -�� '' � ° �' �' � � `��+ � Z".� 4�� +{�� M � y� �y O Ki � � � G. •� � r � ,e1 " s�� .:`J —j�o � � ) �-�-- �; �- z � � , ' �� , � � � �� ' �� , �� r �� ._, � �� _ � `¢� �� k ? ,s�� s�� . m y a � t�` . � � � ' g3 9 � �. S� �. �`5 _3 .'.. a"� �` � .�' � � "� � +y�� E �y� _ � �` � � � �' � � � � +� � � �..� � . . S �. 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"t7 >.. .... a � _ w ;. _. �� ; ��,�� :� S t f {� ,��t+ �g �` �. , . . , ..A�� 3`5:�,�c,4a�r. � �?��;: II s . ... �, ��. ��i � ,. . . _ _ . . .._ , . _ , . : � �*� � � � �a'� f '.�� : b .� �`�Y . .. a� �. .A �� ,F .. � 4 e .. # ��y'' � � , r � ,� � y�,�. �'� . a ^*� � R� t � S � ��.,. � �� .Ax � .. �� a �� :� � � � � �' ° �''; � � � :; ' � . � .,. � � � ,, � "�,") � � "� ,� � � �x� �� n � � � � � � ` ' � Z i` �?`?�' t :c ,? ` � r'�` , �� , g� ,,��. �. �� °� � ��,� -r ;`° � ir " �� ': � � '' � � e� . � (5) Use Not Specifically Listed: (LDR 1998, § 480) Secs. 90-b14-90-630. Reserved. DIVISION 4. LANDSCAPING Sec. 90-531. Generally. OKEECHOBEE CODE Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 500) Sec. 90-532. Required landscaping. Following are requirements for the plantirig of trees and shrubs associated with development undertaken throughout the city. Landscaping ma- terial required under this section may be used to satisfy the requirements for landscaping in park- ing and vehicular use areas (section 90-533) and in landscape buffer areas (section 90-534).. Individual single- No requirement family and duplex structures Multiple-family one Two trees per dwell- bedroom in � Multiple-family two Three trees per dwell- to four bedrooms ing Mobile home park or �vo trees per dwell- subdivision in Adult/assisted living One tree per two facilities, nursing units or bedrooms home All other uses At least one tree and three shrubs shall be planted for every 3,000 square feet of lot area, excluding ar- eas of existing vege- tation which are pre- served. (LDR 1998, § 501; Ord. No. 1010, § 3, 2-19-2008) Sec. 90-533. Landscaping requirements for parking and vehicular use ar- eas. Except for those associated with an individual single-family or duplex structure, all vehicular Loading spaces shall be the same as required or the most si.milar listed use. use areas containing eight or more parking spaces, or containing an area greater than 2,400 square feet, shall provide perimeter and interior land- scaping as follows: (1) At least 18 square feet of landscaped area for each required parking space. (2) At least one tree for each 72 square feet of required landscaped area. (3) Shade trees shall be planted at no more than 20 feet on centers (4) A minimum two feet of landscaping shall be required between vehicular use areas and on-site bui�dings and structures, ex- cept at points of ingress and egress. (5) The minimum dimension for any required landscaped area within a parking or ve- hicular use area shall be four feet except for that adjacent to on-site buildings and structures. (6) A landscaped island, , minimum five feet by 15 feet and containing at least one tree, shall be required for every ten parking spaces with a maximum of 12 uninter- rupted parking spaces in a row. (7) The remainder of a parking landscape area shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 502; Ord. No. 1010, § 4, 2-19-2008) Sec. 90-534. Required residential and non- residential buffer areas. For all development undertaken throughout the city, except for construction of an individual single-family or duplex structure, landscaped buf- fer areas. shall be required within required set- backs and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. Supp. No. 10 CD90:38.2 �- C • ZONING � § 90-641 (2) At least one tree and three shrubs for (d) �ees and shrubs shall not be planted in a each 300 square feet of required land-� location where at their maturity they would in- scaped buff'er. terfere with utility services. (3) Trees may be planted in clusters, but shall not exceed 50 feet on centers abut- ting the street. (4) ,The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 503; Ord. No. 1010, § 4, 2-19-2008; Ord. No. 1079, § 11, 1-17-2012) Editor's note—Ord. No.1079, § 11, adopted Jan. 17, 2012, amended § 90-534 title to read as herein set out. Former § 90-534 title pertained to required ]andscaped buffer areas. Sec. 90-635. Reserved. Editor's note-0rd. No. 1079, § 11, adopted Jan. 17, 2012, repealed former § 90-535, and enacted a new § 90-63b as set out herein. Former § 90-53b pertained to nonresidential buffer regulations and derived from LDR 1998, § b04. Sec. 90-536. Planting in dry retention areas. Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely sus- ceptible to periodic inundation. (LDR 1998, § 505) Sec. 90-537. Protection of native vegetative communities and wetlands. (a) Native vegetative communities shall be pro- tected from adverse impacts of development. (b) Wetland buffers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. (LDR 1998, § 506) Sec. 90-538. I,andscape design and plan. (a) Proposed development, vehicular and pe- destrian circulation systems, and site drainage shall be integrated into the landscaping plan. (b) Existing native vegetation shall be pre- sei-ved where feasible, and may be used in calcu- lations to meet these landscaping requirements. (c) When more than ten trees are required to be planted, two or more species shall be used. (e) 1�ees should maximize the shading of pe- destrian walks and parking spaces. (fl Landscaping ground covers should be used to aid soil stabilization and prevent erosion. (g) Landscaping shall be protected from vehic- ular encroachment by means of curbs, wheel stops, walks or similar barriers. (I,DR 1998, § 510) Sec. 90-539. Alternative landscape design and plan. (a) An applicant shall be entitled to demon- strate that the landscape and bu$'er requirements can be more eff'ectively meE by an alternative landscape plan. (b) Upon review and recommendation, the tech- nical review committee may approve an alterna- tive landscape plan. (LDR 1998, § b11) Sec. 90-b40. Native drought tolerant plant materials required. (a) Plants required to be installed shall be elected, from the South Florida Water Manage- ment District's Xeriscape Plant Guide. (b) . At least 75 percent of the total number of plants required shall be state native very drought tolerant species as listed in the South Florida Water Management District Xeriscape Plant Guide. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be state native moderate or very drought tolerant species. (c) Trees shall be at least ten feet high and two inches in diameter measured four feet above ground level at the time of planting. (LDR 1998, § 512) Sec. 90-541. Maintenarice. (a) Sufficient topsoil and water shall be pro- vided during the plants' establishment periods to sustain healthy growtli. \.`,: Supp. No. 10 CD90:38.3 § 90-541 OKEECHOBEE CODE (b) Plants shall be maintained in a healthy condition, and dead, severely damaged or dis- eased plants shall be replaced. (LDR 1998, § 513) Sec. 90-542. Prohibited plants. The following plants are deemed and declared to be a nuisance within the city for existing development. In addition, after development approval, the following plant species shall not be used to comply with this division, and shall not be planted: Melaleuca ]eucedendra (Punk Tree) Cupianopais anacardiodes (Carrotwood) Albizzia lebbeck (Womana Zbngue) Brassaia actinophylla (Sche6lera) Fycus spp. (Nonnative Ficus) Syzygium cumini(Java Plum) (LDR 1998, § 514) Schinus terebinthifolius(Brazilian Pepper) Dalbergia sissoo (Rose Wood) Araucada heterophylla (Norfolk Pine) Enterolobium cycocarpum (Ear Zkee) Grevilla robusta (Silk Oak) Melia azedarach (Chinaberry tree) Sec. 90-543. Utility corridor requirements. (a) Landscaping near overhead electrical trans- �mission or distribution lines, telephone lines, or cable television lines in both residential and non- residential areas shall follow the additional re- quirements of this section to minimize disruption or interference with such lines due to maturing vegetation. (b) No tree shall be planted where it could, at mature height, conflict with overhead utility lines. Larger trees (trees with a mature height of 30 feet or more) shall be planted no closer than a hori- zontal distance of 30 feet from the nearest over- head utility line. Medium trees (trees with a height of 20 to 30 feet) shall be off'set at least 20 feet horizontally from the nearest overhead util- ity line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum offset, except t1�at no tree;�regardless of size shall be planted within five feet of any Supp. No. 10 CD90:38.4 Casuarina spp. (Austrelian Pine) BiehoSajavanica(BishoSa) Eucalyptus app.(Eucalyptue) Acacia audculiformis (EarleafAcacia) Capium sebifrum (Chinese Tallow tree) � a�r � ENVIRONMENT sance has been filed, and shall continue in fiill force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstanding the procedures available to the city by this article, the city retains the right and ability to proceed against the lot or parcel for abatement of nuisance by F.S. ch. 60, or any other applicable provision of state laws. (Code 1982, § 8-10; Ord. No. 759, § 8-10, �0-3- 2000) State law reference—Cost of repairs, etc. made part of lien, F.S. § 162.0. Sec. 30-44. General cleaning and beautifica- tion. (a) In the interpretation of this section, the city has determi.ned that all lands in the city fall into the following categories, and this Code will be enforced in this section to conform to these cate- • gories: (1) Unplatted and undeveloped lands are con- sidered to be raw land or unimproved land. (2) Platted and undeveloped lands are consid- ered to be raw land or uni.mproved land. (3) Platted and developed lands are consid- ered to be developed or improved land. (4) Unplatted and partially developed lands are considered as developed and improved land only for that portion of the whole parcel that includes actual developed land. (b) All owners of improved property shall cut and keep cut all weeds, grasses or undergrowth on the entire property, to a height not to exceed eight inches. A1so, all landscaping shall be trimmed and kept in a neat appeaxance so as not to aciversely affect the aesthetic appearance of the property and adjacent properties. (c) When determined by the. code enforcement officer of the city that a public nuisance exists, owners of all unimproved property shall cut and keep all weeds, grasses and undergrowth to a height not to exceed 12 inches, in a strip 100 feet wide around the perimeter of such property, which fronts on a public street, drainage or utility ease- ment or is contiguous to occupied property. Also, Supp. A'o. 2, Rev § 30-44 the owner shall remove any abandoned property, garbage, litter, stagnant water, untended vegeta- tion or noxious matter on the entire property. (d) All owners are deemed to be in control of and responsible for axeas on or adjoining their property such as easements. (e) All lands in the city shall be kept free of untended vegetation or any other matter, which by reason of height, proximity to neighboring structures, physical conditions; disease such as, but not limited to: lethal yellowing palms or other peculiar characteristics which might in time of high winds, prevalent in this region, .cause dam- age to life or property within the immediate area surrounding such region. (fj It shall be unlawful for any person to cause, mainta.in, permit or allow to be caused, main- tained or permitted, the accumulation of any litter, garbage, abandoned property, stagnant wa- ter, untended vegetation or weeds on any construc- tion or building site before, during or after com- pletion of such construction or building. It shall be the duty of the owner or his agent to make adequate provisions for the disposal of such items and to have, on the construction or building site, adequate facilities for the disposal of such items and to make appropriate arrangements for the collection thereof. (g) It shall be the responsibility of all owners of improved property to maintain proper ground cover on their property (such ground cover includ- ing, but not limited to, grasses, concrete, asphalt, decorative stones) and driveways (driveway ground cover including, but not limited to, concrete, as- phalt, decorative stones, in-laid brick, tile and shell rock) to prevent a condition that could endanger the health, safety and welfare of any member of the community; maintained as re- quired in this section. Furthermore, appropriate. landscaping shall be installed, replaced and main- tained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (h) No persons shall sweep into or deposit in any gutter, ditch, street or other public place within the city the accumulation of litter from any building or lot or from the public sidewalks. Nor CD3U:9 § 30-44 OKLECHOBEE CODE shall any owner or tenant abutting a public thor- oughfare allow or suffer to remain litter upon the adjacent public sidewalk, including medians, so that litter, rubbish and refuse shall not be allowed to pile up or accumulate on such public right-of- way. (i) No merchant or business vvithin the city shall allow litter to accumulate, and shall clean and otherwise rid his premises, including side- walks, of waste matter and litter although the same may not have been deposited by him, his agents or his patrons. (Code 1982, § 8-11(a)=(fl, (j), (k); Ord. No. 797, § 2, 7-2-2002) Sec. 30-45. Presumption where motor vehi- cle is souxce. � In any prosecution charging a violation of this article; by the throwing, discarding, placing or depositing of litter in any manner or amount whatsoever, in or on any public highway, road, street, alley, thoroughfare or any other public lands; by, through or from a motor vehicle, proof that the particular vehicle described in the com- plaint was the source of the litter so discarded, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such a vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who committed the violation of this article. Such presumption may be rebutted by substantial evi- dence on the part of such owner. (Code 1982, § 8-12) Sec. 30-46. Visibility triangle. (a) The owner or occupant of any improved lot or lands lying and abutting on any intersection of two streets, or any combination thereof in the city and having shrubs or bushes on such lot or lands, shall trim or cause to be trimmed all ahrubs and bushes located within the visibility triangle as defined in section 66-1, so that no bush or shrub shall exceed 30 inches in height above the surface of either the sidewalk or the normal sidewalk location. (b) The owner or occupant of any lot or lands lying and abutting on any street in the city and having trees, shrubs or bushes on his lot or lands extending over the property line onto such street shall trim or cause to be trimmed such trees to the clear height of not less than ten feet above the surface of the sidewalk or street. (c) The director of public works shall have the authority, and it shall be his duty to order trim- ming, preservation or removal of trees or plants upon private property when he finds such an act necessary to public safety or to prevent the spread of disease or insects in public trees or places. (Code 1982, § 8-11(g�(i)) Secs. 30-47-30-80. Reserved. ARTICLE III. NOISE AND VIBRATION STANDARDS* Sec. 30-81. Noise regulation in general. It shall be unlawful, as hereafter set forth, for any person, entity or agent thereof to cause or be made, or continued, any excessive or unreason- ably loud noise or vibration which disturbs the peace and quiet of any residentially zoned neigh- borhood, or which tends to cause discomfort, or annoyance to any reasonable person of normal sensitivity, with such regulations to reasonably provide for normal commercial activities to occur within the City during certain times. (Ord. No. 875, § 1, 10-19-2004) Sec. 30-82. Specific noises prohibited. Except for certain exceptions listed in section 30-83 hereafter, the following acts are declared to be loud, disturbing and unnecessary noises or vibrations in the city in violation of this chapter, *Editor's note—Ord. No. 875, § 1, adopted Oct. 5, 2004, repealed and reenacted art. IIT in its entirety to read as herein set out, Formerly, said article pertained to similar subject matter as enacted by Code 1982, as amended. See the Code Comparative Table for a detailed analysis of inclusion. State law reference—Motor vehicle noise, F.S. §§ 316.293, 403.415�. Supp. No. 2,�Rev. CD30:I0 � � u � Cit o �keech�be� � FAX TRANSMISSION SHEET TO: DEPARTMENT: FAX NUMBER FROM: DEPARTMENT FAX NUMBER NO. OF PAGES INCL. THIS PAGE: SUBJECT: �� LL. , n��nr�L� ��`7- �Z3� � ! � � � FRED STERLING, CODE OFFICER OKEECHOBEE CITY CODE ENFORCEMENT 863-763-4489 � �,i�i1 Le� r2 � �= rJ S PLEASE CALL (863) 467-1586 IF ANY TROUBLE IS EXPERIENCED DURING TRANSMISSION Send Result eport _ r$ Kyo�ERa MFP ..... ... ... ... . ... ...... .... ... ... ... .. ..... .. 09/11/2018 13:41 Fi rmware V21^S'1011 2NM 2000.002.202 2014.10.22 [2NM 1000.006.002] [2NM 1100.001.004] [2NM 7000.002.201] — �.��f.:. - - : w! P n ��....i.iw.. �{::::::::::::iii:a:ii;i#ir:i?:::i:iii: ii#i:ii:i: ii:i: ii: i:i:;::2ii't?i;`iiii:;?<iiiiii;iii`iii:iiiii::i:t;iiii;iiiii;iiii;iiii;ii+ii;iii��.�.�� .��:�� Job No.: 021542 Complete Total Time: 0°02'05" Page: 004 Document: doc02154220180911133339 �� -------- '�w:r ___+._._-- — —_ __ . _ . _ —'i • f • — -- — T�: DEP�RTMENT: FAX l�TJNI��R: 11. J.1�� J4�.4 �T.��.+. � rF..RRf h./� Y 1, ��iJL� �e �� 1��'� No. Date and Time Destination 001 09/11/18 13:34 14077341770--723 ��, ��{� �� Times Type Result 0°02'05" FAX OK Resolution/ECM 200x100 Normal/Off 1 [ LSM4Z06658 ] Send Result eport C� KyOCERa MFP 09/11/2018 13:39 Firmware V21'S10t1 2NM 2000.002.202 2014.10.22 [2NM_1000.006.002] [2NM_1100.001.004] [2NM_7000.002.201] — \„ •r,55•+"..ii;�ii::'i::i:$>i>i:�>?:?:?:i2•`:2:;:::;;i�:>::?Si>�fd�is:2:5,t:'Sii:ii:::::i;;;;>i�ii�;i�;i�ii�::;!�;!�::�;i!�i;i! ��.NY.'�'�a»> ;'• ::::::.::.:::<.>:::,: �:�:::•>::•»:•>:•;::;.;:•::•;:•::•:;:.;:�;:.>:;.;:•;;;:•;:•;:•;:•;:•>:•;: ;: ;: ;: ;:: ;: ;:.;:;.;,:. Job No.: 021543 Complete Total Time: 0°O1'48" Page: 004 Document: doc02154320180911133701 T�7: D]EPA.Ft�'x'7�L�N'�: FAX hiC.TMBER: I • �� 1 �lil\ ►.7��1��1�1 ��'-+� 1 �: ��-�- �1 � � !�� ! iY"L�� -� �c��- �� .�� No. Date and Time Destination 001 09/11/18 13:37 14077341770--723 Times Type Result 0°Ol'48" FAX OK Resolution/ECM 200x100 Normal/Off 1 C LSM4Z06858 ] ■ Complete items 1 id 3. ■ Print your name aiid address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article AdcirPssP�l tn: oK�rc��oB�r P�RK sT. LL,c WALGRGl:r15 CO. RGAL F;S'I'. PROP "1'nX PO BO�{ 1 1 �9 DE�RFI�;LD, IL 60015 , . � A. Signature X Agent Addressee B. e N ��f � 6 e�l D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No I I' I' I'I II I I I� I I I' II I II I� I I I I 3. SeNiCe TypO ❑ Prionty Mail Express� ❑ Adult Signature O Registered MaiIT"' ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted CeRified Mail� Delivery 9590 9402 4228 8121 3273 41 ❑ Certified Mail Restricted Delivery � Return Feceipt for � Collect on Delivery Merchandise 2. Aft'Lcle Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery 0 Signature ConfirmationT'^ ❑ Signature Confirmation 7 0 7� 6 2 7]� � o 0 0 0 7.� 7 2 4 9 9 S 3 stricted Delivery Restricted Delivery _ _. ____ PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USRS�K�NCmi!�;e; r `;* �I II 9590 94�2 4228 8121 3273 41 United States Postal Service � „st-Class Mail stagc & Fees Paid USPS Permit No. G-10 • Sender: Piease print your name, address, and ZIP+4� in this box° CI7Y QF OK�ECHOBEE CODE DEPT. 55 S.E. 3rd AVE. S�� CFiOBEE, FL 3�974 �li��li�lll�r��i��jll�L��lf��ll��lyf,l��l��lif�f,i�'il��i ■ Complete items �nd 3. e Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: LAZAR JONES, DIST: ;�✓1AiJA`i��;;>, w�r_cJxrFNs co. I 1650 M[RAMAR PI{WY, STE #101 MIRAMAR, FL 33025 I I� I I II II I I I I I I I I I I' (( I I I I I I I I 9590 9402 4228 8121 3273 3� 2. Article Number (Transfer f�om servrce label) 7016 2710 00�0 1,724 . . . _. ... ... .._ ... ._ -� -- PS Form 3811, JUIy 2015 PSN 7530-02-000-9053 D. I� delivery address different from I YES, enter delivery address b 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery �Certified Mail� ❑ Certified Mail Restricted Detivery ❑ Collect on Delivery CI Collect on Delivery Restricted Delivery 9 9 6 0• icted Delivery 1? ❑ No ❑ Priority Mail Express0 ❑ Registered MaiIT"" ❑ Registered Mail Restricted Delivery ❑ Return Raceipt for Merchandise O Signature ConfirmationT"' ❑ Signature Confirmation Restricted Detivery Domestic Return Receipt USPS TRlACKING # �� I • -•Class Mail , ;,,age & Fees Paid �� S Permit No. G-10 9590 94�2 4228 8],21 3273 34 United States • Sender: P�ease print your name, address, and ZIP+4° in this box• Postal Service RECE CI�'Y OF OKEECHOBEE CO�E DEPT. SCi� `j � 2��$ 55 S.E. 3rd AVE. (3l4�E�FIO�FE, FL 349�4 i:ii .....'�. 'ii:;.� 3i '..iF..s i i::1:::iiii��iIi �lk:£:.::i :•rtil'i(i:ii:iIl� ��1#3IFr••t'�i}�l��F�i .i�? f 'Ft :f7�i�'�i.. ■ Complete items nd 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LALAR JONI: ,, DIS'I�RICT MANAGER WALGR� L-;N CO. 1 1650 MIKAMAR PKWY, STE #] O1 MIRAMAR, PL 33025 IIIIIIIIIIIIII 111��11� IIIII 959D 9402 2505 6306 7299 68 Article Number (T�ansfer from service labell 701,6 271,0 ❑�� 1,724 ❑ Agent ❑ Addre D. I delivery address differ�Y�- tt'from item 1? � f vES. enter delivery address below: ❑ 3. Senrice Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified MailO Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery — ail 9 8 � 9 ail Restricted Delivery ❑ Priority Mail Express� ❑ Registeretl MaiIT"' ❑ Registered Mail Restricted�. Delivery ❑ Return Recefpt for Merchandise ❑ Signature ConfirmationrM ❑ Signature Confirmation Restricted Delivery PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt � . USl�S';�'#id4+CKING # G C � � I�I�C :: 9590 94�2 2505 6306 7299 68 United States Postal Service • Sender: Please print your name, address, and ZI �'=_t-Class Mail ' � i9tage & Fees Pafd .:..:�S Permit No. G-10 �CO`�'Y C3r O�E��CFl�BEE �O�UE DEPT. 55 S.E. 3rd AVE. OKLECHOBEE, FL 34974 'I��o�E�' ��i}1`� � �� in this box• l�if�l'i�i�iFF,:��F1IIi{�}i1li "111J7(I�t�fi`lf71FIF��}f1ItIIIi�� C �ty o Code Okeechobee Park Street LLC 100 NW Park Street Okeechobee, FL 34972 Ol2eecl�obee Enforcement CASE # 17-00040 I hereby certify receipt of Notice of Hearin� hand delivered by the City of Okeechobee Code Enforcement Officer. �--, /� �C:� / C� Date , P�X .� itness � j� � ; � , 5, v c..� ��C Printed Name 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 li ; '• � �. � o" - o � �. ! � - ;�:_ J � , .. � ,,,n , . � _ Q- ,,, ,+f.._ - - - - � ,: �., . . . � � �I.. �<:, , <� � Certified Mail Fee� I'�- � N c:tf� S0NIC05 & F2�5 (check 6ox, add fee as appropnete) � ❑ Return Receipt (hardcopy) S � ❑ fteturn Recelpt (eleciroNc) $ — ��''-"��s'+�<�� O ❑Certified Mail Restdctzd balivery S — �'`��•" (� 0 ❑ Aduk Sign�tura Required 9 //^�� ',S ❑ Adult Siynatura Restrictotl Uelivery �a Y" �i �{% �,1 � � � Postage � $ —.._-- fL.� Total �'ostage at�d re2s � Sent Tc '\ r , , �..-�� -c�=��----`_��--=�-`-��'tC< __.._l'�%�r?cc�:�:�- o�------------ ---- - � 5treet andrlpf N�, or O Box No. �� , � -'--------'---k_"�'".!:�- -«�/.�'.��----"-'----"----��----'......-'_-------------- � �� I !- �.; - t � e e O w s� ' m LI") �°' Lr J I. Y .��I �, ....... _. _. _ _ _ _ -.— Q., � o . e. ay � I � Ce'rtiffed Mail 1=4e � fti r� � EHira Servlcr�s & FeeS {check box, add fee as approp�iate) � ❑ flutum Receipt (hardcopyj $ i , � ❑ Ratum Recelpt (electronic) $ __ � �osir?�1'I: � ❑ Cortifled 7.4a11 Restdc[aU �eliVory $ . ;-�I.^f� � ❑A.dult5lgnatureRequirod S_ � � �� ❑ Adult 513naturo NestrlcteU Delivoiy S � ' �i � � � � �c,iage � C�- � __� R,1 'tof.aV PosYago and �'ees -- ..0 w � Sent T � �,� � , / n � � ----- � p - �-`✓�'��-�--\=J�r---�4�1 _..-----I Stroet�n- P. ., or� ox o. -- . _. � August 30, 2018 c�ty o Code Okeechobee Park Street LLC Walgreens Co. Real Est. Prop. Tax PO Box 1159 Deerfield, IL 60015 Re: Case #17-040 ��.eecl�.obee Evi.forcement Walgreens, 100 NW Park Street, Okeechobee, FL Dear Property Owner: This letter is in reference to the Code Enforcement Boaxd Order/Lien dated January 9, 2018 irnposing a fifty dollar per day fine beginning February 19, 2018 for overgrown vegetation, dead shrubbery, debris/trash and landscapirig issues for store located at 100 NW Park Street. On March 15, 2018 the Lien was recorded in Okeechobee County. The fine has now accrued for over ninet�(901 davs and is continuin� to accrue dailX, According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the property to collect the fine. At this time no foreclosure action has been.taken against the property. However, you should contact our office immediately in order to bring the property into compliance with City ordinances and stop the fine from accruing. The next regularly scheduled Code Enforcement Board meeting is September 11, 2018 at which time the Code Board could decide to recommend foreclosure. Please contact me at 863-467-1586 to discuss this matter. Sincerely, � �.. � �,-~ d Sterling Code Enforcement ficer (863) 467-1586 , 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 C ity o Code Okeechobee Park Street LLC 100 NW Park Street Okeechobee, FL 34972 Ol�eecl�.obee Evi.forcement CASE # 17-040 I hereby certify receipt of Notice of Lien Forclosure hand delivered by the City of Okeechobee Code Enforcement Officer. �� ate I" e � � s Signature � �t.� cZj�G _��A'S �� _ Printed Name 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 � Com{olcte iterns 1, 2, and 3. ■ Print your name and address on ihe reverse so that we can return tt�e card to you. ■ Attach this card to the bac{< of the mailpiece, or on the front if space permits. 1, Article Addressed to: LAZAR JONES, DfSTRICT MANAGER WALGRELN CO. 11650 MIR�IMAR PKWY, STE #101 MIRAMAR; FL 33025 �,,�. � ; � � ,. JI(,fi�tLT9-/ � . ... , ..,., — '. � , CJ Rgent ', / � �/_ ❑ Addre d Printe �l me) C. Date i � �� D. I delivery address differ rom item 1? 0 Ye f YES, enter delivery address below: ❑ N' 3. SeNic2 Ty�e ❑ Priority Mail ExpressOO �� I�I�I �� .!� � !I � I i � �I � ; � I�� ,j��l I � � � � � � Adult Signature ❑ Reyistered MaiIT"' , ❑ Adult Signature Restricted Deiivery ❑ Registered Mail Restncted Certified MaiIB �elivery C,��,,`..j{) a,;l(j.`� ?��n � ij;3{,�F j,>>3C) �;a Certified Maii Restricted Delivery ❑ Return Receipi for � ❑ Collect on Oelivery Merchandise 2. Artir..le Num6er ffransfer from service labell ❑ Collect on Delivery Restricted Defivery ❑ Signature ConfirmationTM -I�7�1 1�91��1 p� -a�� ❑ Signature Confirmation �Y ❑ Sl � �G f.1� � Q' L.� U U ��'�' 9� O 1 jil Restricted Dellvery Restrlcted Delivery i PS Farm 3811 , JUIy 2015 PSN 7530-02-000-9053 Domestic Return Rc�ceipt � ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach Yhis card to the back of the mailpiece, or on the front if space permiis. 1. Article Addressed to: OKLECHOBEE PARK ST. LLC WALU3tEENS CO. RLAI. ES"I . FROY. "I'AX PO BOX 1159 DEERFIELD, IL 60015 A. Signature -� ❑ Ag�nt X . '�` 'rn ❑ Addressee B. Recetved by (Pri/ited Name) C. Date of Delivery D. Is delivery'atldYes's dii#ererit fromitem 1? ❑ Yes i If YES. enter deiivery address below: ❑ No Au� n s Zo1� f f o. oervice �ype ❑ Priori'ry Mail Expressm f i � � i� u Adult Signature ❑ Registered MailTm �1�1 �'� l�� I�i� � ��ii� I��''�� II� � �.7 Adult Signature Restrictod Delivery ❑ Registered Mail Restricted Certified MzilO Uelivery �'-ig�� '��ic� 7�i)J t).;().Cj j�� Fj? Certified Mail Restricted Dalivery ❑ Return Receiptfor ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from servir.a lanan ❑ Colleci on Delivery Restricted Oelivery � Signature Confirmatlon'TM ��.red Mail ❑ Signature Confirmation 7 � 16 ,L" �I �a � � Q � i� �� L Ei 9 7 i� red Mail Restricted Delivery Restricted llelivery �— �..��r $500) PS Forin 3811, July 2015 PSN 7530-02-OUO-9053 DomesSic Return Receipt ; e � . USptS;Ti��i(ING # I '� ; I ! I� ? �f -' � I ' � �� ,� �I � ; 959� '�4D? �5175 �3Q6 7299 68 .... United States Postai Service I• Sender: Please print your name, address, and C.r�=�i�J ��.a� d��'":r"(��.+�`�'�°�Y�'�� t;ODE D��T. 55 S.E. 3rd AVE. (3KIEEC4108EE, FL 34974 : a ��ivEa ��_�c '�, 4, � First-Class Mail Postage & Fees Paid USPS Permit No. G-10 in this box• i}�Ij;i:�I�FeF�'it't`il��jfi`•�r�'�i�f�z��li;��ii:�1�'jlst}�iflla�f . USPS TRACKlNG # ��( �� ' � =(i!;f:�: (:E rt (�. irf(:��:�� First-ClassMail '� F � � � Postage & Fees Paid � I i i �� I Perms No. G-10 959a 94D2 25�5 63D6 ?2�19 g? e�nited States • Sender: Please print your name, address, and ZIP+4� in this box• ,� ::"�I Service ' RE�E�`,��..� , _., CI'r Y OF OKIEECNOB�E C0�1� D�PT. 55 S.E. 3rd AVE. i3K��:�iCat3�_� �";_ ;y.:,:,.,3 . 9 MI! U il�� :� , , s , A � m e , ' � �-��-:. � lti • �"' ' ' A - F - 0^ - - �- `„`` � �_a � � IC rif! d Mail Fee --- M1' I,-� I: _ EXir� S21'VIC85 & Fe6S (checkbox, etld fee 2s appropneta) � i� P:eium Recaipt (hardcopy) $ � ❑ r�eturn Recelpt (eloctronic) 3 PoStmark Q ❑ Cortiiled Mail Restdcted Delivr.ry 3�_ Here O ❑ Adult Signad�ro Raqulred $ _ � � %'J' [] Aduit Slgna4uro Restricted Doilvery �u _ y � Pcsstage � � � �� 'inta4 �Pos4age and ��As �-- � Serri To '�� ` � / �, --j– . .. , ,.. % .�,� r./ (, L O -------- ��.,.. �.JJ�� C�- _��t.:l L` _ e��a---��- � iSPreef an� p£ `n/c., r P� Bm,: rVo. � �, -- -- `. �� i l � ^ . .. `-- � �--'-�---11.�_s..�1_,_� _ �:f_,_ ��: �._. r�.��_ , _ �Ciry, 5tate, 17y-. �- ------- ,� `-� .,._..----- ��r G��, ��=_ �v � s , � 4i s � � ,. 0 a • • � ' � - ... _,,,. ..�1, n�,... . ., � � I rr�,, � � Certified Maii Fee I� � � Extl'a Servicos & Fees (check box, add fee es approp�iata) � ❑ Retum Receipt (hardcopy) $ � ❑ Return Receip4 (elactwnic) $ Postm&1' � � ❑ Ceitifled Mall Reatdeeeei [7plivary a____ ��o ' p [j Adui¢ Signature tiequlred $ _ , � ❑ Atlult Sfgnature Rostricted �elivory � �' � �Postage � � $ � � 'i"oYa'. r��s4age aiid Pees p• �__p""N�.�, ol'PO O �:s No.� �::.� _.. .� i.S!_('.-_t� ,R/� ,�� c `� Sanr Tc ir— """" !�. E ��Si� � � Streot nd A t. - – �-- _ – �;,,:-�,�;� -"o��C��..��=.�-��--��.=------------------------- --- - August 2, 2018 C �t o O Izeecl�obee y Code Evi.forcement Okeechobee Park Street LLC (Walgreens) Re: 100 NW Park Street, City of Okeechobee, Florida/code liens After actual notice to the district manager and corporate offices of your store, and pursuant to action of the code board for the City of Okeechobee at a public hearing on January 9, 2018 the board found your establishment to be in violation of certain city codes related to landscaping/public nuisance. As a result, a fine was imposed against you in the sum of $50.00 per day, until the violation(s) came into compliance. A lien was filed in the public records of the clerk of court for Okeechobee county, and may be found at O.R. Book 804 Page 96 . The accrued fine to date totals $8,250.00, and the violations remain in effect. The City has made personal contact with the store and/or district management on numerous occasions regarding this lien, but it appears no one at the district or corporate office is willing to make an effort to resolve the compliance issue. Under Fla. Statutes ch. 162, if a lien remains unresolved in excess of 90 days, the city council may recommend that a lien foreclosure be filed in the circuit court against the offending party. This time period has now elapsed, but further action has not to date been presented to the city council for consideration. It may or may not be feasible for the City to fite a foreclosure action, but it certainly would be embarrassing to the company if this action were to occur. The City would much rather have the store come into compliance with codes, as it would resolve the enforcement issue, and result in an aesthetic improvement to the location. At this time the City will postpone further action for a period of thirty (30) days to await a response. You are advised that even if the violation(s) are resolved, the accrued monetary lien will remain in effect until paid, or a corporate representative personally appears at a code board meeting to request a fine reduction. Please contact our code officer Fred Sterling at (863) 467-1586 if you wish to address these issues. Thank You, ,�-- � �� John R. Cook, City Attorney Cc: Marcos Montes De Oca, City Administrator 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 •(863) 467-1586 • Fax: (863) 763-4489 � s CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-040 Name: Okeechobee Park Street LLC Property Location: 100 NW Park Street Parcel: 3-15-37-3 5-0010-01550-0080 Code Board Action: Imposed a fine starting 2/19/18 @ 50.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleanin� . Accrual of Fine: Feb = 10 Mar=31 Apr = 30 May=31 June = 30 July = 31 ��+5=�+ As of August 14, 2018 the fine has accrued for 177 days @$50.00 per day for a total of eight thousand eig;ht hundred and fifty dollars ($8,850). The fine will continue to accrue @$50.00 per day until the property is brought into compliance. Case: # 1�-040 CITY OF OKEECHOBEE CODE ENFORCEMENT Name: Okeechobee Park Street LLC Property Location: 100 NW Park Street Parcel: 3-15-37-3 5-0010-01550-0080 Code Board Action: Imposed a fine starting 2/19/18 @ 50.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleanin� Accrual of Fine: 2018 Feb = 10 Mar=31 Apr = 3 0 May=31 June = 3 0 July = 31 Aug = 31 Sept = 30 Oct = 9 TOTAL = $11,650.00 (233 days @ $50 per day) Date of Compliance: /(� j� � g ■ Complete items 1, 2, and 3, ■ Print your name and addrP.ss on the reverse so that we can return the card tc you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: OKEECHOBEE PARK ST. LLC WALGREENS CO. REAL EST. PROP TAX PO BOX 1159 DEERFIELD, IL 60015 A. Signature ��I � � ..rZ � gent X /"'� ❑ Addressee B. Fi eiv ¢ by (Printed Name) C, Date of Delivery _��'s�ri `4 ' '`�"�- D. Is delivery address different irom item 17 es It YES, enter delivery address below: ❑ No 3. ServiCe Typ@ ❑ Priority Mai� cxpress� �' � i�' �I I i �I � ❑ AdW4 Signature ❑ Registerzd Mailr'^ I��'�I �� t� I� i 1� �� I I� I, I� � I� i� �� I� ❑ Adult Signature Restrictetl Delivery ❑ Registared Mail RestricteU 'Certified Mail� Delivery 9590 9Q�0? 2505 6306 i 28£s 17 Certinad Mail Restricted Delivery L Returr. Receiptior ❑ Collect on Delivery Merchandise 2. Article Number frransfer from service labep ❑ Collect on Delivery Rest�i,,,ec; •ieiiver�� Signature ConfirmationT"' ❑ Signature Confirmation `7 � � �j 7� "�7 � � Q � � a � �7 �7 I.} 9 � 5 � stricted Uelivery ftestricted Ueliveru P5 Form 3811, July 2015 PSN 7530-02-000-9053 Dorr�•^+�� Return Receipt r ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return ihe card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits,_ t. Aiticle Addressed to: LAZAR JONES, DISTRICT MANAGER WALGREEN CO. 11650 MIRAMAR PKWY, STE #101 MIRAMAR, FL 33025 A. Signaiure� � R " oc�by (E'Nnte� C. of Delivery _s� ��"' -� I' '' D. Is delivery address different from item 1? Yes If YES, enter delivery address below: ❑ No 3. SeNico Type ❑ Priority Mail Express� � �'I�I�! �'�� I I , � � i I I I � � � I I � � � ❑ AdultSignature ❑ Reglstered MaiIT"' � i ❑ Adult SignaYuro Restricted Dellvary ❑ Registered Mail Res[ricted Certified Mail� Delivery �"'):i�) ��%�� %��J C�3�}fj %7 1 � f',} ( �❑ Certified Mail Restricted Delivery ❑ Retum Receiptfor ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Oelivery ❑ Signature ConfirmationTTM � - � O Signature Confirmation 7 � 1, 6 2 71, � 17 d � CI � 7 2 4 9 2 81, estricYed Delivery Restricted Deiiv�ry . ,._._�_—_.�. .----� _ _ _, . _.. .. PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; • + USPS,;�GNCIMS�r# ;'? `�. . �: ,�=,'a �� !i'� . � � I � i � � �.... ,� �� 959Q 940? 2505 63G� 728� 1,7 � - United States • Sender: Please print your name, address, and Postal Service ,a � � � First-Class Mail Postage & Fees Paid USPS Permit No. G-10 in this box• CI�Y OF OK�ECHOBEE CODE DEPT• � ��?'� 55 S.E. 3rd AVE. �, >,�.'; � ��.�=.+��ir4G�B��, FL 349�4 ��i'';:i��ti��l�fE�'14ifll�,�a1��i�1'l'!'��i`}ll;fi�i�l6'1'i�� rj ' ��KlNG# First-Class Mail I " ry_�; ' Postage & Fees Paid � I I USPS � �`� '��•�` ` J Permit No. G-10 � � �� -�� i�; � 9�90 94�2 25�5 63D6 ��?� �� United States • Sender: Please print your name, address, and ZIP+4`� in this box• Postal Service C!�'Y �r� OK��CHG�EE CODE DEPT. 55 S.E. 3c� AVE. OK�ECHOBEE, F'L 34974 RECEIVED J� � 4 201d '_._ !{��fl�ii�i�ili��tEi�i�:I{II'Ei�s�i�te�i�If�4��l�{FE�fiE�IiF�Ff� . .._. ... ._ :�:i ». ..� �' i 2 C.,�, CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-040 CITY OF OKEECHOBEE, PETTTIONER, e�@iif S9Ei! ��il� !iI @ s t� �@ ! �! t��a �� i� �� r�� [II a�� l�� i�a� , �_ � �E &^E�BI'1 ?e_e �. Sa ee oa27o -VS- ��-i �„C 8a=' e- �°G 'r'b SHAh'OIJ fiOBEI:TS01•Ir CI_GiiE•;. •� CCP1F'7kl:s'.1_�::n' OYEE�:IiO@,EE GOUFITY� FLOkIDA RESPONDENT, REC:n�pED i�U��s�2�)i� i�q:sh:4s �n h��i:n�Ri?I��IG FEEB �i°.5�i F'�CpRDF:D EY M F'inon Okeechobee Pazk Street LLC / r-�ss 9, - 97'v (2 �as) LIEN / ORDER THIS CAUSE came before the Code Enforcement $oazd, City of Okeechobee, for public hearing on Januarv 9, 20 18 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 8, 9, 10, 11 & 75 ft of Lot 12 Blk: 155 Section: City of Okeechobee Parcel: 3-15-37-3 5-0010-015 5 0-0080 Property location: 100 NW Park Street, Okeechobee, FL Property owner: Okeechobee Park Street LLC Property has been found to have dead trees/vegetation, debris/trash and ground cover that has been washed away and needs to be replaced. (see enclosed) B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Boazd has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleanin� and beautification concerning your property located at 100 NW Park St. Okeechobee, FL . If you do not contact the City within twentv-five da�providing a time table outlining �ecificallv when the landscapinQ issues listed above will be corrected or notifv the Code Enforcement Officer of the correction the Board imposes a fine of $50.00---- ner dav coirmen=i� that date and continuing dail�ntil the vir�latiozi is corrected or the citv is notified b�vou and verifies the correction which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you conect 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 �G,��1.0 .��-f , 20 18 . CITY OF OKEECHOBEE, Petitioner Okeechobee Park Street LLC Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida ��% ._-.. � � � % �hairperson e En cement Offic r ATTEST: �li� VVi,'`L��9-1'lQi� Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterlin� and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this � day of � flt 9/�/11 E,20�� • ,,� U � ��Xl�� NOTARY PUEiLIC My Commission expires: � `�5,a�a� �.�'r::u4c YmllEAIW�f MY CO WIH8810N i I� I}IOIb •��°j pOptEB:FirIRf.1010 +��,RoP�° �srM7lrtlWkMMOIh'fM� Please return to: City of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863)357-1971 CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, Okeechobee Park Street LLC / LIEN / ORDER 'd� � �PG'� CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-040 � ��11� ��t�! �� ;11� �� #� �� €�� #s�i � ��1� �� 1�� I�� i �� _ :� L E � � 6'� �` � e �, � � � � a ,� � a .�. � �-�. � e'�. � �;S .�"o- �° '� '� a� :�!-lr1�i}�1�1 RnPEi;TS�f�lf �:!..Ci;?: :t: i:C�p9F`?!;!:s? i._�:{;� �I�EE�_1-EO�EE C:�il�aTY's �LnC;IC�A r:E�:�,�c�c r_sy.��.�?►_�� 1e�Fa�� r� h�=�_i�F.l_�t?��I�i 1=EE�; �,��tt F�� i:it�;�E:� �'t' �I F' i n=�n.. f-'ss �'� — 9i � (� Ras1 THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on _ Januar.�9 , 20 18 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 8, 9, 10, 11 & 75 ft of Lot 12 Blk: 155 Section: City of Okeechobee Parcel: 3-15-37-35-0010-01550-0080 Property location: 100 NW Park Street, Okeechobee, FL Properry owner: Okeechobee Park Street LLC Property has been found to have dead trees/vegetation, debris/trash and ground cover that has been washed away and needs to be replaced. (see enclosed) B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Boaxd has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning and beautification concerning your property located at 100 NW Park St., Okeechobee, FL . If you do not contact the City within twenty-five da�providin�a time table outlining specificallv when the landscaping� issues listed above will be corrected , or notifv the Code Enforcement Officer of the correction, the Board im,�oses a fine of �50.00---- per day comYnPn�in�� that �ate and continuin� dailv until the vic�laticr� is correctecl or the citv is notified b�vou 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 a.nd order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. _Y A AGREED AND ORDERED this �,� day of �G,d�LU „��, 20 18 . CITY OF OKEECHOBEE, Petitioner Okeechobee Park Street LLC Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida � e En cement Offic r ATTEST: . A j � ,/ `�� ,,0�-3�- �'Gr' �`�.^L, ��'� l�i'� Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling; and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. � S WORN TO AND SUBSCRIBED before me this � day of �°� (� �. : ,20 ��. � � � �'� ��a�.,h'L�.� NOTAR�_' PU�LIC My Commission expires: r,,�a;.: v�'ic f4M1 EARNEa � MY COMMISSION N P� i11(�4 • p�iES:firpf2�,26T6 ~�i�.�� eaw/71m��=� �e,�.,�., ��,at�r.�� Please return to: Ciiy of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 357-1971 SHARON ROBERTSON CLERK & COMPTROLL.ER OKEECHOBEE COUNTY, FLORIDA 312 N.W. 3 STRE�T, SUTTE 155 OKEECHUBEE, FL 3Q972 863.7b3.2131 REF: DATE:3/15/2018 TIME:9:56:48 AM RECEIPT: 2018002549 CITV OF UKEECHOBEE ACCOUNT #: 0 ITEM - 01 LIEN RECD: 3/15/2018 9:56:48 AM FILE: 2018003272 BK/PG 0 804/94 CaUE ENFOP,CEMENT BUARD CITY OF OKEECHOBEE KEMP BRENDA Recordinc� Fees 18.50 Subtotal 18.50 ITEM - 02 LIEN RECD; 3/15/2018 9:56:A8 AM FILE: 20180U3273 BK/PG 0 804/96 CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE OKEECHOBEE PARK STREET LLC Racording Fees 18.50 Subtotal 18.50 TQTAL DUE $37.00 PAID TOTAL $37.00 PAID CASH $37.00 -------------------------------- REC BY: M PINON UEPUTY CLERK www.clerk.co.okeechobee.fl.us ■ Complete items 1 id 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LAZAR JONES, DISTR[CT MANAGGR WALGREEN CO. I 1650 MIRAMAR PKWY, STE #101 MIRAM/�R, FL 33025 � A. SignatUre � ; . R veci�by (PNnted C. of I �� D. Is delivery address different from item 1? �'e: If YES, enter delivery address below: p No I I I I I III II � II I I I I I� I' I I I 3. Service Type ❑ Priority Mail Express� ❑ Adult Signature ❑ Registered MaiIT'" ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail� Delivery 9590 9402 2505 6306 7287 87 ❑ Certified Mail Restricted Delivery ❑ Return Receiptfor ❑ Collect on Delivery Merchandise 2. Article Number lTiansfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT*+ ❑ Signature Confirmation 7 0], 6 2 71, 0 0 � Q � 1, 7 2 4 9 2 81 estricted Delivery Restricted Deliveiy _____ _ _ - _ -- - _ _. _ PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt � • •'fiYA�KING# � � � ��'�I� 9590 9402 2505 6306 7287 87 United States Postal Service • Sender: Please print your name, address, and ZI . �' .t-r Class Mail I i �:.tage & Fees Paid �.Y�S Permit No. G-10 CI if'Y O� OKtECF406EE CODE DEPT. 55 S.E. 3rd AVE. OK�ECFiOBFE, FL 34974 RECEIVED JAN 2 � 7015 in this box• -�-._:;�.=i::;'=i:=::� t�ftlitFlil�{ili��l(I��i:��iijj3ji�iE�l�ilil�il�ll�fil��l�i>>�� ■ Complete items 1 nd 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: OKEECHOBE� PARK ST. LLC WAI.GRG�NS CO. REAI, EST. PROP TAX PO BOX 1 l 59 D�ERFI�LD, IL 60015 � A. Siynature v,� '� X . ";`-�,?l1 � � r �� 9ent �� O Addressee B. R iv �! by (Printed Name) C. Date of Delivery �iera n I�'�.- - - ��►� D. Is delivery address different from item 1? es If YES, enter delivery address below: p No I I I I I III �I ( II I I I I ( I I I I I I I 3. ServiCe Type ❑ Priority Mail Express� ❑ Adult Signature ❑ Registered Mail*"' ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted "Certified Mail� Delivery 9590 9402 2505 6306 7288 1 7 Certified Mail Restricted Delivery ❑ Return Receiptfor ❑ Collect on Delivery Merchandise 2. Article Number (T�ansfer from service labeq ❑ Coliect on Delivery Restri;:,ed �?eliven,� � Signature ConfirmationTm ❑ Signature Confirrnation 7 � 1, 6 2 71, � o 0 o a ], 7 2 4 9 2 5 0 �stricted Uelivery Restricted Delivery - - - — _ _ -- - —_ _ __ _---- ._ PS Form 3811 , July 2015 PSN 7530-02-000-9053 Dom�^+�c Return Receipt � ;t�� +� USPS _TR,AGkCIN��#;� ;s:�.,� �;;7 , .<,>, : . . ,;._;:� '; . � ' : � ' ., � . ��. 959� 94�2 25�5 6306 7288 7,7 United States Postai Service , 1�'�,�� . ��--t-Class Mail tage & Fees Paid :=-:�S Permit No. G-10 • Sender: Please print your name, address, and ZIP+4° in this box• CIiY OF OKEECHOBEE CODE DEPT. 1�� 1� C31(IEE�CFIOBFE, FL 34974 f l��!l,f�i�{ii„i1i�i'fff�il,�ii��'i��'i'!'��i;'ilil�i�1�IE'i'ij� �� CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, Okeechobee Park Street LLC / LIEN / ORDER CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-040 THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on January 9, 20 18 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 8, 9, 10, 11 & 75 ft of Lot 12 Blk: 155 Section: City of Okeechobee Parcel: 3-15-37-35-0010-015 50-0080 Property location: 100 NW Park Street, Okeechobee, FL Property owner: Okeechobee Park Street LLC Property has been found to have dead trees/vegetation, debris/trash and ground cover that has been washed away and needs to be replaced. (see enclosed) B. CONCLUSIONS OF LAW: The owner of the properiy described above has been found in violation of Chapter 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleanin� and beautification concerning your property located at 100 NW Park St. Okeechobee, FL . If �ou do not contact the Citv within twentv-five days providin� a time table outlinin� �ecifically when the landscapin� issues listed above will be corrected or notifv the Code Enforcement Officer of the correction the Board imposes a fine of $50.00---- per da commencin� t�iat date and. �ontir.nin� ��ailv unt�l the violatior. is corrected or the citv is notiiied b ou and verifies the correction which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this ��day of ��,1�1,t,c,�`�—, 20 18 . CITY OF OKEECHOBEE, Petitioner CODE ENFORCEMENT BOARD City of Okeechobee, Florida s e En cement Offic r ATTEST: � , � � �:�,t.� l`1if(,'`1,�,�,��9' ��'� Recording Secretary � STATE OF FLORIDA COUNTY OF OKEECHOBEE Okeechobee Park Street LLC Respondent PERSONALLY appeared before me the undersigned authoriiy, Jamie Gamiotea , Fred Sterling., and Sue Christopher , well known to zne and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. a SWORN TO AND SUBSCRIBED before me this � day of �- ��`1�1k��/�. �,20r�. f � � �u��> ��,�� , NOTARY PuTBLIC My Commission expires: �" o,�µ`: :��.c iaM 6MNE8 r * µY CAMMIISSION / F} OT1C� * � �S:1�rN25.Zb10 '"'��.�� eawntme�ko�►�ryf�rok�a �� ,�O�O Please return to: City of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 357-1971 AGENDA Case No. 17-040 Okeechobee Park Street LLC.100 NW Park Street Ch 30 Sec 30-43 Pub(ic nuisance Ch 30 Sec 30�44 General cleaning & beautification .1ANUARY 9, 2018 -CEB REGULAR MEETING - PAGE 3 OF 4 BOARD ACTION - DISCUSSION - VOTE Officer Sterling testified notice of violation/notice of hearing was sent via certified to the property owner s address & received. Officer Steriing said there were no offcial plans on file for Okeechobee Park Street LLC (Walgreens) because it was built before the Land Devefopment Regulations (LDR's) were established by the City. Therefore, the City has nothing to show what the originai landscaping requirements were for this business. Also, Mr. Steriing said after talking with the store manager he found out the broken irrigation system had never been repaired. Officer Sterling said a lot of the vegetation is dead or very sparse. Chairperson Gamiotea read part of the City Ordinance pertaining to General cleaning & beautification (Ch 30 Sec 30-44, subsections b, f& g)"(b) Aiso, all landscaping shall be trimmed and kept in a neaf appearance so as not to adversely affect the aesthetic appearance of the property and adjacent properties. (� It shail be unlawful for any person to cause, maintain, permit or aliow to be caused, maintained or permitted the accumulation of any litter, garbage, abandoned property, stagnant wafer, untended vegetation or weeds on any construction or buiiding site before, during or after compietion of such consUuction or building. (g) It shall be the responsibility of all owners of improvetl property to maintain proper ground cover on their property (such ground cover inc�uding, but not limited to, grasses, concrete, asphalt decorative stones, in-laid brick, tile and sheli rock) to prevent a condition that could endanger the health, safety and weifare of any member of the wmmunity; maintained as required in this section. Furthermore, appropriate landscaping shali be installed, repiaced and maintained, in living condition, so as not to adversely affect the aesthetic appearance of the property and adjacent properties " Chairperson Gamiotea said this ordinance will ailow City staff to specify to property owner whai has to be done for property to be in compliance. Member Close moved to find Case 17-040, Okeechobee Pa�k Street LLC,100 NW Park Street, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General cleaning & beautification, based on the testimony of Code Officer Sterling, recommending a copy of City Ordinance Ch 30 Sec 30-44 including subsections (� and (g) be sent to Okeechobee Park Street LLC allowing twenty five days from receipt of proper notification to contact City Staff with a timetable stating their intentions for landscape improvements and maintenance ' e-6' ot received a specific timetable for the work to be done by the end of the twenty-five day period a fin of fifty dollars per day ill be imposed; seconded by Member Pippin. GAMIOTEA - YES GLOSE - YES CONRAD- YES DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED. CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- OKEECHOBEE PARK STREET LLC Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING CASE NO. 17-00040 Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 100 NW PARK STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010015500080 4. Respondent(s) name & address: OKEECHOBEE PARK STREET LLC; PO BOX 1159 WALGREENS CO. REAL ESTATE PROPERTY TAX DEERFIELD, IL 60015 5. Description of violation: PLEASE MOW VEGETATION, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH 6. Date by which violation is to be corrected: 1/02/2018 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 9th day of January, 2018, at 6:30 p.m. if you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you wiil not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against.your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). ' You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not se this case to be dismissed. DATED THIS ��day of �,eC,��!"2017 --�� CODE ENFORCEMENT BOARD ' d Sterling 55 SE 3rd Avenue Code Enforcement O cer Okeechobee, Florida 34974 (863) 467-1586 ;� �='6 i I . .� k�`��•, , I .:.�-.q. � ,". : :_' -.-. Code Vio�ation /Notice to .Appear Report�i J�� z�f � Date of Infraction: � / '% � Case # / / ' �� Property Ovvner• � %1��t� 1��=� ��2iL �i7?L—Z�i L�... � Contact Person• Phone # Date Contacted: How Contacted: Location of Violation: �f�CS jJ f,4S p(-} 2i� � i- D.,�L—Z` Mailing Addxess: =�� 'a f�dx t Cs� -'7 IL-Za , �L G �1 S Lot(s):��i' 1"��-�! Block: � S S� Section:_ �i ry vs CS��-�z�N�Y�c� —� Parcel# �- 1 � "'37-35 -GG�O � G! 55�- �� G Vxolation: #1 Disabled Vehicle #2 1�Untended Vegetation #3 eneral Cleanin.g #4 i� Yu�blic Nuisance #S Buildivag Departmeani #6 Public Works Notes About Violation: Notice o� Violation Mailed:�� Received �/� Hand Delivered Posted Notxce to Appear Mailed: Received Hand Delivered Posted Inspected Finciing Date in Compliance: Notes: Pxo-Active Reacti�ve C� L=co�,M<< Caw�� U.S. Postal Service"" _� - CERTIFIED MAIL� RECEIPT � Domestfc Ma1! Only , :,For delivery Information, visit our website at www usn,c e�,,,�� - � , _ ;. � R-1 �Certifled Mall Fee � - � � � --- wa iw�wn <wx, eaa ree as opproPNat�J I � !] Hatum Rece(pt (hardcopy) § i � ; ❑RotumRocefpt(electronlc) $ ?o;'mai'k � I lJ CoKitied Meil ResMcted DeAvery $ .' .� Har.-, � ` � If 0 I ❑AdukSlgnaWreRequlrad S I � �i ❑ tlult Signature ResVicted DelNery $ � � n �t � If'�stage � � �; �i I �- �__,- _J . � �''otal Poatage and Fees j � "ent � j n ( i� � ,_y`-- �,..�__�=: � , <<, ,� 3�d,��t. ,y�.. a, ■ Compleic ti��i�is n, 2, and 3. ■ Print your name and address on the reverse so thai we can return the card to you. ■ Attach Yhis card to the back of the maf�piece, or on fhe front if space permits. y- Article Addressed to: OKEECHOB�]� pARK ST. LLC WALGRIs';;NS C�'i. RE.AL EST. PROP TAX PO BOX 115r DEERFIELD, TL 6001 S �- ==--�--=-�-`=-'=-=_=-=-~=-:--:_-----� _`�;;_�cL�_1�:;r'' �? t� � %:�`�- � �h _-�;.-�` (,�'7L.�:t;�)::�; ' i�ti >. A. Signaturs ,�' , X ,-,-'� . _ ' � _ �- ❑ Agent ,�,.�... �-- - B. R b L7 Add__ ressea Y f?f��+tea}�,,,� , . , . . , ?'T'�:_ - f�. Date of Delivery _ i .._ D• Is delivery address different from item 1? If YES. enter deiivery address betow: � Y�s []. No� ��r 1 � 201% �� I��I,'f�I��I��l��+i I I i !� �P��I� ��E L�7AdUry�9n ture � ��I�� Yp ❑ Priori . �'� �� tY Mail Eap2ssp �� JQ � r'. ' uit Si ❑ Registered MailT^+ ){[? J �3; ��i� f:;`�,r i, gnature Restnctetl Delivei ' �° �� i��yg �� Cartified MailO y ❑ Registered Mail Restricfed �-- CertifieU Mall Restricfed Delive �elivery ?• Article Nurr7b2r 0' C Raturn Receipt for (Transfer from service labelJ �� Collect on Dalivery 7 �.q � F O Collect on Delive Merchandise !.1 r� �'� �� Ty ry n� ^a ^ ry�estricted Delivery ❑ Signature ConfirmationTM CJ l..� t.� � F�%�. 9�, 6 8 ❑ Signaiure Confirmation �S Form 3$1 j, �JU1y20y5 PSN 7530- -- �ted Delivery RestncteclDelivery 02-Q�0-9 .ss Cit� of Okeechobee Code �nfo��cement CODE ENFORCEMENT BOARD CASE # 17-00040 NOTICE OF VIOLATION 12l06/2017 OKEECHOBEE PARK STREET LLC PO BOX 1159 DEERFIELD, IL 60015 RE: LOTS:8 - 12 BLK: 155 PARCEL: 31537350010015500080 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 100 NW PARK STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance CORRECTIVE ACTION REQUIRED: PLEASE MOW VEGETATION, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition, a fifty dollar administrative fee may be charged if the violaion is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact our office at 863-�}67-1586. Sincerely � �/� Fre Sterlin (/ Code Enforcement Officer (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 •(863) 357-1971 • Fax: (863) 763-4489