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2021-04-20 Ex 05 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 property 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 Florida Code Comoliance Deoartment IN RE: The Matter of City of Okeechobee v. Okeechobee Park Sheet LLC Complaint #17-040 Respondent(s) Reauest for Reduction of Accrued Fine I, Joe Rieger, hereby request a reduclion 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 violation: 3 4 5 � Walgreens 100 NW Park Street Okeechobee FL 32809 A Fine in the amount of $50.00 per day was imposed on the foliowing date, August 2, 2018. The violations were corrected, and I was advised that the property came into compliance on the following date: October 10, 2018 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 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 Personally Appear Before the Code Enforcement Special Magistrate to Prese�t 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 %. ` �. Signature of Respondent Signature of Respondent Date: _ M�� l•j � 2 pZ 1 Date: T omg insUu� nt� w,a.s worn to or,affirmed) and subscribed before me, by means of �physical presence or online notarization this ��-�-- daY �f L� �3d.� 20�_ By Signature of Notary and Florida PrinUType/Stamped Nalw�of o ry My commission expires: �5�� who produced as identification. `��111i11111/�/ ��``5,�\�E S�/� �i��i =`Q�� • �OTAqy•.�G � •?i� :Z' � V: My Comm. Fxpire� � O� � �December 01 2024t � � N No. HH 68486 ; � %��;• pUBL�G.•' �O�`: ''''�� �O 11111 O� ``