2021-04-20 Ex 06 City of Okeechobee Code Enforcement
50 SE 2nd Street
Okeechobee, Florida 34974
(863)763-9795
To: City Council Members
From: Robert Peterson, Chief of Police
Carlyn Kowalsky, Assistant City Attorney
Subject: Consider Special Magistrate’s Recommendation against 311 NE 2nd Street
owned by Bella Rose Day Spa, Case No. 200312003.
Date: March 12, 2021
In March 2020 the City provided the property owner with a Notice of Violation of Sections
30-43 and 30-44 of the City’s Code of Ordinances. The City provided several additional
notices after that. In August 2020, after proper notice, the Special Magistrate held a
hearing and entered a Lien/Order against this property. The City inspected the property
8 times in 12 months and the property ultimately came into compliance on March 9, 2021.
Pursuant to the Lien/Order, fines have accrued in the amount of $14,600.
The Special Magistrate considered the property owner’s fine reduction request at a
hearing on March 9, 2021. Based on the evidence presented at the hearing and testimony
of the property owner and City staff, the Special Magistrate has issued a report and
recommendation that a fifty percent (50%) reduction of the total fine of $14,600 plus all
previously assessed administrative fees “is more than reasonable and fair and that such
reduction is in the best interest of the City of Okeechobee .” The Magistrate also
recommended that the property owner should arrange a payment plan to pay the fines
and fees within a reasonable time.
Staff recommends that Council approve the Special Magistrate recommendation.
A copy of the Special Magistrate’s Report and Recommendation is attached.
CITY OF OKEECHOBEE CODE ENFORCEMENT
SPECIAL MAGISTRATE HEARING
CODE ENFORCEMENT FOR CASE NO: 200312003
THE CITY OF OKEECHOBEE, FLORIDA. Special Magistrate: Roger Azcona
Petitioner,
vs.
BELLA ROSE DAY SPA,
Respondent.
�PEC�AL IyIA�ISTRATE' S REPOR'�' AND RECOMMENDA � ION
TO THE CITY COUNCIL OF OKEECHOBEE
THIS CAUSE coming to be heard on March 9, 2021 at the City of Okeechobee Code
Enforcement Special Magistrate Hearing on the Respondent's request for fine reduction. The Special
Magistrate, having given the Respondent, Mr. Bill Rose, an opportunity to be heard, and the City of
Okeechobee being represented by counsel, Ms. Carlyn Kowalsky, with testimony from Code
Enforcement Officer Anthony Smith, finds as follows:
Mr. Rose testified under oath that the violation and fines only became known to him later in this
case, and that Mr. Sterling served the notices of violation to another person working in the premises. He
also testified that he came to the Police Department and spoke with former Code Enforcement Clerk,
Ms. Melissa Close, who allegedly told him that "there were no fines, and everything was ok." Mr. Rose
stated that whenever former Code Enforcement Officer, Mr. Fred Sterling, came to inspect the property
and take pictures that Mr. Sterling did not confront him about the violations and that Mr. Sterling was
surreptitiously taking pictures and leaving without speaking with him concerning any violations. Mr.
Rose requested that his fines be reduced to zero amount.
In response, City Attorney Carlyn Kowalsky presented the testimony of Officer Anthony Smith,
who reiterated all the efforts by Code Enforcement to bring the Respondent's property into compliance.
Mr. Smith testified under oath that the violations were first brought to the owner's attention on March
12, 2020 when a Statement of Violation and Notice of Hearing was received by a person who signed
"Hailey M" at the address. Several Statements of Violation and Natice of Hearing were also served on
the respondent. Officer Smith noted on the record that the Respondent, Mr. Rose, "had been difficult" to
work with as he had made several attempts to contact him and leaving several messages concerning the
violation. The property was inspected 8 times in 12 months and did not come into compliance until
March 9, 2021, City Attorney Kowalsky, based on the testimony of Mr. Smith, recommended that the
accumulated fines of $14,600.00 be reduced to fifty percent (50%) together with applicable
administrative fees.
Having carefully considered the testimony and arguments of both parties, this Court also
reviewed the records pertaining to this case and find that a second Statement of Violation and Notice of
Hearing was served on June 19, 2020 and signed for by "Amanda Markham" at the address, and a third
Statement and Notice was sent out and received/signed by "Hailey M." on July 21, 2020. Therefore, this
court finds that the Respondent in this case had sufficient notice regarding the Code violations in this
matter. This court also finds that the alleged statement that "there were no fnes, and everything was ok"
is refuted by the record as the Respondent was served with the Lien Order on September 28, 2020
signed and received by "Hailey M" on behalf of the Respondent. The 90-day letter was also received
and signed for by "Hailey M" on January 19, 2021. It is interesting to note that "Hailey M." had
received and signed for the Respondent on at least 4 occasions throughout this case with the first
Statement and Notice served approximately one year ago on March 1 Z, 2020.
Therefore, based on the foregoing findings of facts, the undersigned Special Magistrate hereby
report and recommend to the City Council of Okeechobee that a fifty percent (50%) reduction of the
total fine of $14,600.00 under the facts and circumstances of this case is more than reasonable and fair,
and that 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.
DONE AND HEARD in the City of Okeechobee, Okeechobee County, Florida this � day of
A^�2021. �
:OGER AZCONA, ESQ.
pecial Magistrate
Copies to:
Ms. Carlyn Kowalsky, Attorney for the City of Okeechobee
Code Enforcement, City of Okeechobee
Mr. Bill Rose, Respondent, 311 Northeast 2nd Street, Okeechobee, Florida 34972.
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