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2021-11-09 61 `Sy.oF oKfF`y CITY OF OKEECHOBEE CODE ENFORCEMENT NOVEMBER 9 2021 SPECIAL MAGISTRATE HEARING OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, November 9, 2021 , at 6:00 P.M. in the City Council Chambers, located a1 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. II. ATTENDANCE Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, and Code Enforcement Officer Anthony Smith were present. III. CHANGES TO AGENDA Special Magistrate Azcona asked whether there were any agenda items to be added, deferred, or withdrawn; there were none. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona approved the October 12, 2021, Hearing minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to: Code Officers Smith and Curl, Mr. Randy Simler, Mr. Mike Ryan, Ms. Maha Ismael, and Mr. Steve Dobbs; all affirmed. Code Officer Smith stated for the record all events regarding the Cases to be discussed occurred within the corporate limits of the City of Okeechobee. The Officer's noises, testimony, photographs, and support documents were all entered as part of the official record. V. COMPLIED CASES A. Case No. 21 091 601 1; Rodney Beaman, 816 Southeast 14t" Court [Legal Description: Lots 153 and 154, THE FIRST ADDITION TO OKEECHOBEE ESTATES, Plat Book 3, Page 23, Okeechobee County public records]. No action on this matter was requested but is noted for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, 30-40 Junk. B. Case No. 210930015; Aaron A Kinty, 611 Southeast 6t" Avenue [Legal Description: Unplatted lands of the City Tract #1 , beginning 354.3-feet North of Southwest corner of Government Lot 6, of Section 22, Township 37 South, Range 35 East; thence run North along the West boundary of said Government Lot 6, a distance of 40-feet to a point; thence at right angles and perpendicular to said West boundary of Government Lot 6; run Easterly to Taylor Creek; thence in a Southernly direction along Taylor Creek to a point opposite the point of beginning; thence Westerly to the point of beginning. Less and accept the West 30-feet thereof which was conveyed to the City of Okeechobee as a street]. No action on this matter was requested but is noted for the record to have been in violation of Chapter 54, Section 54-81 Use as a residence. VI. FINE REDUCTION REQUESTS A. Case No. 210323005; Omar Nafal Zaben (La Placita Supermarket), 1002. Northwest Park Street [Legal Description: Lots 15, 16, 17 and 18 of Block 28, NORTHWEST ADDITION TO OKEECHOBEE, Plat Book 1, Page 25, Okeechobee County public records]. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for a strong urine smell coming from the fence line, overflowing dumpster, debris/garbage scattered throughout the neighborhood and a truck. being parked in the right-of-way. The property is not a repeat violator. A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via United States Postal Service (USPS) certified return receipt on March 23, 2021 , for the May 11 , 2021 Hearing. The notice was received by Omar Zaben on March 25, November 9, 2021, Special Magistrate Hearing, Page 1 of 3 62 VI. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: 2021. The property was inspected and found to be non-compliant on April 27, 2021, and May 5, 2021. This Case was found in violation on May 11, 2021. A fine of $100.00 per day to begin 21-days after the date of the Hearing, plus a one-time $50.00 administrative fee was imposed. A Lien/Order was mailed via USPS certified return receipt on May 18, 2021. The Lien/Order was received by Omar Zaben on May 19, 2021. The property was inspected and found to be non-compliant on June 1, 2021. The Lien/Order was recorded, fine began to accrue. The property was inspected and found to be non-compliant on July 1, 2021. A 90-Day Letter was mailed via USPS certified return receipt on September 2, 2021. The letter was received by Zaben Nafal on September 7, 2021. The property was inspected and found to be in compliance on September 9, 2021, leaving an accrued fine of $10,000.00. Ms. Maha Ismael submitted a request for fine reduction on September 20, 2021 . A SOV/NOH was mailed via USPS certified return receipt on September 20, 2021, for the November 9, 2021 Hearing. The notice was received by Zaben Nafal on September 23, 2021 . The City recommended a seventy-five percent reduction plus a $50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by seventy-five percent, plus a $50.00 administrative fee and to grant a payment plan to pay the fines and fees within a reasonable time. B. Case No. 190927004; Fosler LLC c/o Randy Simler (Omar Abuaita), 300 block Northwest 9th Street [Legal Description: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 of Block 39, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisances for a damaged fence around a retention pond on the property. The property is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on September 26, 2019, for violation of Chapter 30, Section 30-43 Public nuisance. A SOV/NOH was mailed via USPS certified return receipt on January 29, 2020, for the February 11, 2020 Hearing. The notice was received on February 5, 2020, signature not legible. The property was inspected and found to be non-compliant on May 4, 2020. A SOV/NOH was mailed via USPS certified return receipt on May 5, 2020, for the June 9, 2020 Hearing. The notice was received on May 14, 2020, signed COVID-19. This Case was found in violation on June 9, 2020. A fine of $50.00 per day to begin 15-days after proper notification, plus a one-time $50.00 administrative fee was imposed. A Lien/Order was recorded and mailed via USPS certified return receipt on June 18, 2020. The Lien/Order was received on June 27, 2020, signed COVID-19. The property was posted with the Lien/Order on September 29, 2020, fine accrual to begin on October 12, 2020. The property was quit-claimed to Fosler LLC, c/o Randy Simler on October 22, 2020. The property was inspected and found to be non-compliant on June 25, 2021. A 90-Day Letter was mailed via USPS certified return receipt on July 6, 2021. The letter was received on July 16, 2021, unsigned. Code Officer Smith met with the property owner Mr. Randy Simler to advise him of the violation on July 21, 2021. The property was inspected and found to be in compliance on July 22, 2021, leaving an accrued fine of $14,000.00. Mr. Simler submitted a request for a fine reduction on September 29, 2021. A SOV/NOH was mailed via USPS certified return receipt on September 29, 2021 , for the November 9, 2021 Hearing. The notice was received on October 6, 2021, signed COVID-19. The City recommended a seventy-five percent reduction plus a $50.00 administrative fee. Base 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 seventy-five percent reduction of the total fine plus administrative fees 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. The Respondent should arrange a payment plan to pay the fines and fees within a reasonable time. November 9, 2021, Special Magistrate Hearing, Page 2 of 3 63 VI. FINE REDUCTION REQUESTS CONTINUED C. Case No. 200318009; Daniel T. Meara, 905 Southwest 31d Avenue [Legal Description: Lot 9, of Block 5, SOUTH OKEECHOBEE, Plat Book 5, Page 7, Okeechobee County public records]. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-44 General cleaning and beautification for untagged vehicles, the grass in need of being mowed and debris cleaned up. The property is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on March 19, 2020. The property was inspected and found to be non-compliant on June 15, 2020. A SOV/NOH was mailed via USPS certified return receipt on July 28, 2020, for the September 8, 2020 Hearing. The City has not received anything back as of the date of this Hearing. The property was inspected and found to be non-compliant on July 31, 2020. The property was posted with a Notice to Appear (NTA) on July 31 , 2020, for the September 8, 2020 Hearing. The property was inspected and found to be non-compliant on August 6, 2020. A SOV/NOH was mailed via USPS certified return receipt on September 22, 2020, for the October 21, 2020 Hearing. The notice was received by Krystal Cafter on September 25, 2020. The property was inspected and found to be non-compliant on October 20, 2020. A SOV/NOH was mailed via USPS certified return receipt on November 17, 2020, for the December 8, 2020 Hearing. The notice was received by R.P. Cig on November 21, 2020. The property was posted with a NTA for the December 8, 2020 Hearing. This Case was found in violation on December 8, 2020, a fine of $25.00 per day 14-days after proper notification, plus a one-time $50.00 administrative fee imposed. The property was inspected and found to be non-compliant on January 27, 2021 . A Lien/Order was recorded and mailed via USPS certified return receipt on April 21, 2021. The Lien/Order was received by Daniel Meara on April 30, 2021. The property was inspected and found to be non-compliant on May 5, 2021, fine accrual to begin May 6, 2021. The property was inspected and found to be in compliance on May 18, 2021, leaving an accrued fine of $350.00. A Compliance Letter was mailed via USPS certified return receipt on June 18, 2021. The letter was received by Daniel Meara on July 7, 2021. A 90-Day Letter was mailed via USPS certified return receipt on September 2, 2021. The letter was received on September 10, 2021 , signature not legible. Mr. Meara submitted a request for a fine reduction on October 1, 2021. A SOV/NOH was mailed via USPS certified return receipt for the November 9, 2021 Hearing. The notice was received on October 7, 2021, signature not legible. The City recommended a seventy-five percent reduction plus a $50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by seventy-five percent, plus a $50.00 administrativ fee. VII. ADJOURN MEETING There being no further business to come before the Special Magi tr as adjourned at 7:02 P.M. Ro r Azcona, Special'Magistra_e ATTEST: C ristina 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, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. November 9, 2021, Special Magistrate Hearing, Page 3 of 3 y of oKFF`y CITY OF OKEECHOBEE CODE ENFORCEMENT NOVEMBER 9, 2021 , SPECIAL MAGISTRATE HEARING o 91 , a DRAFT OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, November 9, 2021, at 6.00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. II. ATTENDANCE Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, and Code Enforcement Officer Anthony Smith were present. III. CHANGES TO AGENDA Special Magistrate Azcona asked whether there were any agenda items to be added, deferred, or withdrawn; there were none. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona approved the October 12, 2021, Hearing minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to: Code Officers Smith and Curl, Mr. Randy Simler, Mr. Mike Ryan, Ms. Maha Ismael, and Mr. Steve Dobbs; all affirmed. Code Officer Smith stated for the record all events regarding the Cases to be discussed 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. COMPLIED CASES A. Case No. 210916011-1 Rodney Beaman, 816 Southeast 14th Court [Legal Description: Lots 153 and 154, THE FIRST ADDITION TO OKEECHOBE:E ESTATES, AN ADDITION TO OKEECHOBEE, Plat Book 3, Page 23, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, 30-40 Junk. No action on this matter was requested but is noted for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, 30-40 Junk. B. Case No. 210930015-1 Aaron A Kinty, 611 Southeast 6th Avenue [Legal Description: Unplatted lands of the City Tract #1, beginning 354.3-feet North of Southwest corner of Government Lot 6, of Section 22, Township 37 South, Range 35 East; thence run North along the West boundary of said Government Lot 6, a distance of 40-feet to a point; thence at right angles and perpendicular to said West boundary of Government Lot 6; run Easterly to Taylor Creek; thence in a Southernly direction along Taylor Creek to a point opposite the point of beginning; thence Westerly to the point of beginning. Less and accept the West 30-feet thereof which was conveyed to the City of Okeechobee as a street]. Violation of Code of Ordinances Chapter 54, Section 54-81 Use as a residence. No action on this matter was requested but is noted for the record to have been in violation of Chapter 54, Section 54-81 Use as a residence. VI. FINE REDUCTION REQUESTS A. Case No. 210323005; Omar Nafal Zaben (La Placita Supermarket), 1002 Northwest Park Street [Legal Description: Lots 15, 16, 17 and 'i 8 of Block ;28, NORTHWEST ADDITION TO OKEECHOBEE, Plat Book 1, Page 25, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. DRAFT November 9, 2021, Special Magistrate Hearing, Page 1 of 3 VI. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for a strong urine smell coming from the fence line, overflowing dumpster, debris/garbage scattered throughout the neighborhood and a truck being parked in the right-of-way. The property is not a repeat violator. A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via United States Postal Service (USPS) certified return receipt on March 23, 2021 for the May 11, 2021 Hearing. The notice was received by Omar Zaben on March 25, 2021. The property was inspected and found to be non-compliant on April 27, 2021 and May 5, 2021. This Case was found in violation on May 11, 2021. A fine of $100.00 per day to begin 21 days after the date of the Hearing, plus a one- time $50.00 administrative fee was imposed. A Lien/Order was mailed via USPS certified return receipt on May 18, 2021. The Lien/Order was received by Omar Zaben on May 19, 2021. The property was inspected and found to be non- compliant on June 1, 2021. The Lien/Order was recorded, fine began to accrue. The property was inspected and found to be non-compliant on July 1, 2021. A 90-Day Letter was mailed via USPS certified return receipt on September 2, 2021. The letter was received by Zaben Nafal on September 7, 2021. The property was inspected and found to be in compliance on September 9, 2021, leaving an accrued fine of $10,000.00. Ms. Maha Ismael submitted a request for fine reduction on September 20, 2021. A SOV/NOH was mailed via USPS certified return receipt on September 20, 2021 for the November 9,2021 Hearing. The notice was received by Zaben Nafal on September 23, 2021. The City recommended a seventy-five percent reduction plus a $50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by seventy-five percent, plus a $50.00 administrative fee and to grant a payment plan to pay the fines and fees within a reasonable time. B. Case No. 190927004; Fosler LLC c/o Randy Simler (Omar Abuaita), 300 block Northwest 9th Street [Legal Description: Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 of Block 39, CITY OF OKEECHOBEE, Plat Book 5, Page 5, OkeechobE�e County public records]. Violation of Code of Ordinances Chapter 30, Section 30- 43 Public nuisances. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisances for a damaged fence around a retention pond on the property. The property is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on September 26, 2019, for violation of Chapter 30, Section 30-43 Public nuisance. A SOV/NOH was mailed via USPS certified return receipt on January 29, 2020 for the February 11, 2020 Hearing. The notice was received on February 5, 2020, signature not legible. The property was inspected and found to be non-compliant on May 4, 2020. A SOV/NOH was mailed via USPS certified return receipt on May 5, 2020 for the June 9, 2020 Hearing. The notice was received on May 14, 2020, signed COVID-19. This Case was found in violation on June 9, 2020. A fine of$50.00 per day to begin 15 days after proper notification, plus a one-time $50.00 administrative fee was imposE�d. A Lien/Order was recorded and mailed via USPS certified return receipt on June 18, 2020. The Lien/Order was received on June 27, 2020, signed COVID-19. The property was posted with the Lien/Order on September 29, 2020, fine accrual to begin on October 12, 2020. The property was quit-claimed to Fosler LLC, c/o Randy Simler on October 22, 2020. The property was inspected and found to be non-compliant on June 25, 2021. A 90-Day Letter was mailed via USPS certified return receipt on July 6, 2021. The letter was received on July 16, 2021, unsigned. Code Officer Smith met with the property owner Mr. Randy Simler to advise him of the violation on July 21, 2021. The property was inspected and found to be in compliance on July 22, 2021, leaving an accrued fine of $14,000.00. Mr. Randy Simler submitted a request for a fine reduction on September 29, 2021. A SOV/NOH was mailed via USPS certified return receipt on September 29, 2021 for the November 9, 2021 Hearing. The notice was received on October 6, 2021, signed COVID-19. The City recommended a seventy-five percent reduction plus a $50.00 administrative fee. DRAFT November 9, 2021, Special Magistrate Hearing, Page 2 of 3 VI. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: Base 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 seventy-five percent reduction of the total fine plus administrative fees 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. The Respondent should arrange a payment plan to pay the fines and fees within a reasonable time. C. Case No. 200318009; Daniel T. Meara, 905 Southwest 3rd Avenue [Legal Description: Lot 9, of Block 5, SOUTH OKEECHOBEE, Plat Book 5, Page 7, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisance, 30-44 General cleaning and beautification. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-44 General cleaning and beautification for untagged vehicles, the grass in need of being mowed and debris cleaned up. The property is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on March 19, 2020. The property was inspected and found to be non-compliant on June 15, 2020. A SOV/NOH was mailed via USPS certified return receipt on July 28, 2020 for the September 8, 2020 Hearing. The City has not received anything back as of the date of this Hearing. The property was inspected and found to be non-compliant on July 31, 2020. The property was posted with a Notice to Appear (NTA) on July 31, 2020 for the September 8, 2020 Hearing. The property was inspected and found to be non-compliant on August 6, 2020. A SOV/NOH was mailed via USPS certified return receipt on September 22, 2020 for the October 21, 2020 Hearing. The notice was received by Krystal Cafter on September 25, 2020. The property was inspected and found to be non- compliant on October 20, 2020. A SOV/NOH was mailed via USPS certified return receipt on November 17, 2020 for the December 8, 2020 Hearing. The notice was received by R.P. Cig on November 21, 2020. The property was posted with a NTA for the December 8, 2020 Hearing. This Case was found in violation on December 8, 2020, a fine of $25.00 per day 14 days after proper notification, plus a one-time $50.00 administrative fee imposed. The property was inspected and found to be non-compliant on January 27, 2021. A Lien/Order was recorded and mailed via USPS certified return receipt on April 21, 2021. The Lien/Order was received by Daniel Meara on April 30, 2021. The property was inspected and found to be non-compliant on May 5, 2021, fine accrual to begin May 6, 2021. The property was inspected and found to be in compliance on May 18, 2021, leaving an accrued fine of $350.00. A Compliance Letter was mailed via USPS certified return receipt on June 18, 2021. The letter was received by Daniel Meara on July 7, 2021. A 90-Day Letter was mailed via USPS certified return receipt on September 2, 2021. The letter was received on September 10, 2021, signature not legible. Mr. Meara submitted a request for a fine reduction on October 1, 2021. A SOV/NOH was mailed via USPS certified return receipt for the November 9, 2021 Hearing. The notice was received on October 7, 2021, signature not legible. The City recommended a seventy-five percent reduction plus a $50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by seventy-five percent, plus a $50.00 administrative fee. VII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7:02 P.M. Roger Azcona, Special Magistrate ATTEST: 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, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. DRAFT November 9, 2021, Special Magistrate Hearing, Page 3 of 3 °`yoF0 0 KfF`y PUBLIC NOTICE � O O J CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code EnforcemE�nt Special Magistrate will conduct a public hearing on Tuesday, November 9, 2021, at 6:00 PM, or as soon thereafter as possible at City Hall, 55 SE 3rd Avenue, Council Chambers, Rm 200, Okeechobee, Florida. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the Hearing or may be viewed/downloaded prior to the Hearing from the website https://www.cityofokeechobee.com/Agend;a Minutes-Code-nforcement.html. BE ADVISED that should you intend to show any document, picture, video or items to the Special Magistrate in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Code Enforcement Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Code Enforcement Office in person or call 863-763-9802, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE: IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Roger Azcona, Special Magistrate Posted: 10/25/21--JS OF•oKF CITY OF OKEECHOBEE CODE ENFORCEMENT NOVEMBER 9, 2021 SPECIAL MAGISTRATE HEARING ~ Lim 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 � T ° O HANDWRITTEN MINUTES — CHRISTINA CURL *79 I. CALL TO ORDER A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday November 9, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southwest 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. II. ATTENDANCE Present Absent Special Magistrate Roger Azcona, Esquire x City Attorney Greg Hyden x_ Police Lieutenant Justin Bernst x Code Enforcement Officer Anthony Smith x Assistant Code Enforcement Officer Christina Curl x III. CHANGES TO AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. There were none IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona approved the October 12, 2021 Hearing Minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an of Oath to Code Officer Anthony Smith and Christina Curl, Randy Simler, Mike Ryan, Maha Ismael, Steve Dobbs. V. COMPLIED CASES A. Case Number 210916011; Rodney Beaman, 816 Southeast 14t" Court, Violation of Code of Ordinances Chapter 30, Sections 30-33 Owner to control excessive growths and unsaritary ponds and swimming pools, 30-40 Junk (Exhibit 1). AS- Violation of Chapter 30, Section 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools and Section 30-40 Junk for overgrown weeds, grass, bushes or shrubs and yard debris, trash, and junk covering the entire property. The respondent is riot a repeat violator. The respondent was first notified on August 30, 2021 via Courtesy Card. On September 16, 2021 inspected the property, still non-compliant. On September 16, 2021 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, received on September 27, 2021 by Rodney Beaman. On September 22, 2021 Mr. Beaman called and spoke with Code Officer Smith, stated he would be getting the property cleaned up sometime this week. On September 27, 2021 inspected the property, found to be in compliance. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, Section 30-40 Junk RA- Anthony these pictures that are submitted as exhibits for the City of Okeechobee you took these photos AS-yes RA-these are an accurate representation of the condition of the premises on the dates that you inspected it Page 1 of 12 V. COMPLIED CASES CONTINUED A. Case Number. 210916011; CONTINUED AS-yes RA-do we have a representative here for Mr. Beaman AS-no RA-So in the case of the City of Okeechobee v. Rodney Beaman, Case #210916011 1 will find based on the testimony and the exhibits presented by the certified Code Enforcement Officer for the City of Okeechobee, that the respondent was properly noticed and was served with a Notice of Violation, it was properly received there is a signed card so there is due process in this ease and the certified City Code Enforcement Officer made communication with the respondent owner in this case. Even though there was an extended period of time that the property did not come into compliance the property finally came into compliance. I will agree that there was a violation in this case and based on the City's recommendation, I will recommend that in this case against Rodney Beaman, Case #210916011 that it will be noted in the record to have been in violation of Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, 30-40 Junk but has now come into compliance. The City recommends that no further action taken on this matter, and I will follow that recommendation. Is the City asking for any administrative fees and anything in this case? AS-no RA-no further action on this case and it will be noted as the property has come into compliance CC-no RA- ok next case B. Case Number 210930015; Aaron A. Kinty, 611 Southeast 6th Avenue, Violation of Code of Ordinances Chapter 54, Section 54-81 Use as a residence (Exhibit 2). AS- Violation of Chapter 54, Section 54-81 Use as a residence for using a fifth wheel trailer as a residence. The Respondent is not a repeat violator. The Respondent was first notified on August 30, 2021 via Courtesy Card. On September 30, 2021 inspected the property, still non- compliant. On September 30, 2021 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, we have not received anything back as of the date of this Hearing. On October 13, 2021 inspected property, found to be in compliance the fifth wheel camper had been removed from the property. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 54, Sections 54-81 Use as a residence. RA- okay do we have any representatives for Aaron Kinty here tonight AS-no RA- So in the case of The City of Okeechobee v. Aaron Kinty, Case #210930015 based on the testimony and the exhibits presented by The City of Okeechobee tonight. Mr. Smith these photos and dates are accurate AS-yes, they are RA- I will find that based on the testimony and exhibits presented by the City of Okeechobee there is a factual basis for the violation in this case. The respondent was notified and did correct the issue, so the property is now in compliance. It is requested by the City of Okeechobee that it be noted for the record that they were in violation, so we will note that they were in violation of Chapter 54, Section 54-81 Use as a residence of using a fifth wheel as a residence. Is the City requesting any administrative fee in this case? AS-no RA- anything else on this matter Mrs. Curl CC-no RA-okay next case Page 2 of 12 VI. FINE REDUCTION REQUESTS A. Case Number 210323005; Omar Nafal Zaben (La Placita Supermarket), 1002 Northwest Park Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance, 30-44 General cleaning and beautification (Exhibit 3) RA- anyone here for this case MI-Yes, please come to the stand RA- lets here what the City has to say first AS-Violation of Chapter 30, Section 30-43 Public nuisance and Section 30-44 General cleaning and beautification for strong urine smell coming from the fence line, overflowing dumpster, debris/garbage scattered throughout the neighborhood and a truck parked in the right-of-way. The Respondent is not a repeat violator. The Respondent was first notified on March 23, 2021 via Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, recEived on March 25, 2021 by Omar Zaben. On April 27, 2021 inspected the property, still non-compliant. On May 5, 2021 inspected the property, still non-compliant. On May 11, 2021 Case was presented to the Special Magistrate, fine of $100.00 per plus a $50.00 administration fee imposed. On May 18, 2021 Lien/Order mailed via USPS certified return receipt, received on May 19, 2021 by Omar Zaben. On June 1, 2021 inspected property, still non-compliant, Lien/Order recorded, fine began accrual of $100.00 per day plus a $50.00 administration fee. On June 8, 2021 Recorded Lien/Order mailed via USPS certified return receipt, returned unclaimed on July 16, 2021. On July 1, 2021 inspected the property, still non-compliant. On September 2, 2021 Received phone call from Maha Nafal asking what was needed to get the property into compliance. She was advised By Code Officer Smith what she need to do to get the property into compliance. On September 9, 2021, inspected property, found to be in compliance. On September 16, 2021 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, received on September 20, 2021 by Z. Nafal C3 C19 CE. On September 20, 2021 Code Officer Smith received a call from property owner stating that they would be out of town on October 12t" and would not be able to attend the Hearing and request it be postponed until the next Hearing. On September 20, 2021 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt for the November 9t" Hearing, received on September 23, 2021 by Zaben Nafal. The City recommends a fine reduction of 75% plus a $50.00 administrative fee, reducing the fine from $10,000.00 to $2,500.00 plus the $50.00 administrative fee, totaling $2,550.00 RA- state your name for the record MI- Maha Ismael RA- how do you pronounce your last name, Ismael. Mrs. Ismael it looks like you are here to request for a fine reduction in this case, what would you like for me to consider other than what Mr. Smith has stated MI- Ok what happened when we received the notice of the violation it stated that there was a problem with the alleyway and in my mind, I didn't think about the area behind the storE� my thought it belonged to the City, I thought it was the little area that we have on the East side of the building because sometimes customers will leave their carts or milk cartons or whatever, so that is the area that I had in my mind that had to be cleared out, so I had them clear all of that out and to make sure all the trash and everything was cleaned up around the building. I called and was unable to get through so I thought that the gentleman would pass by and that would take care of the matter. But it actually was the alleyway behind the store when I was finally able to get in contact with Mr. Smith and he explained to me what it actually was when I talked to him on the phone, because it was hard when I received the letter stating that the fine had been accruing, when I thought that this matter had been taken care of. There was a problem with the phone lines, where I had to call the City of Okeechobee which I think is over here I am not sure I just googled City of Okeechobee and then ask to speak with Mr. Smith. There was something wrong with the phone lines until I got an email and emailed him then we were able to finally communicate. When he finally explained to me what the area that was in question. I told him if I Page 3 of 12 VI. FINE REDUCTION REQUESTS CONTINUED A. Case Number 210323005; CONTINUED would of know this month ago, I would have gotten the area cleaned up. We got it cleaned up the next day and by the third day he came and inspected it. It was all cleaned up and taken care of. So, it was my fault that I didn't try harder to communicate with Mr. Smith but in my mind, I thought I had everything taken care of I didn't realize until they sent the letter saying that the fines had been accruing for 95 days. When he told me what it was the area behind the store where the grass is, then I understood what he was talking about, in my mind I was thinking it was one part of the property when he was actually talking about the other part of the property. So, when he told me what it was, we got it cleaned up that same day we got everything cleared up from behind there, now everybody knows to keep it free and clear. As for the trash and stuff we ordered a bigger dumpster from Waste Management and they come three times a week, there are rare incidents when their truck might break down, I know I have seen it happen, so there are some rare incidents that they are not able to come that day and they have to come the next day so the trash may overflow other than that we have done everything I do not want my store looking like trash we are trying to attract people not scare them away RA- So the property was not in compliance for over 90 Days? MI- yes, because when we received the notice, I thought it was taken care of. I told the guys that we are not able to keep the shopping carts on this side of the building, I called and was not able to get ahold of anyone and I just figured that he would pass by and see that we got them things out of the way and went on with life RA- when you got the violation did you get ahold of Mr. Smith? MI-The first time no, not until after I got the letter saying that there was over $9,000.00 in fines. That's when I called him but the phone was ringing dead air and unable to leave a voicemail so that is when I called here and asked to get in contact with Anthony Smith, they transferred me and I was having the same problem, so I called them again and stated that I really need to get ahold of Mr. Smith as I am getting this scary letter from the City, they advised me to send him an email, so I got his email and contacted him by email then he called me back once he received my email. I advised him that I had been trying to get ahold of him and can't. That's when he physically told me over the phone it was the area behind the store where the truck is parked RA- anything response from the City Mr. Smith? AS- no, as far as the phone lines we were having an issue with the phone lines, as soon as I got the email, I called her and we spoke, The City is taking that all into consideration we recommend the fine be reduced by 75 percent plus the $50.00 administrative fee, reducing the fine From $10,000.00 to $2,500.00 plus the $50.00 administrative fee, totaling $2,550.00 RA- Mrs. Ismael the City is willing to reduce the fine by 75 percent after a 90-day violation, are you ok with that? MI-can we do anything better we are coming off a really slow summer and it is really hard. would be willing to meet halfway RA- the City is already reducing it by 75 percent some cases they only reduce it 50 percent in your case they are reducing it 75 percent it looks like they have also done a lot of work on this case from March through December it was in violation for 95 days that is three months that you could of followed up, if you done something you are supposed to call them right away and make sure they come and take a look at it. I am sure the city will work a payment plan with you to cover the fine. Considering the nature of the violation and that is a business this is not residential Is this the City's final recommendation AS-yes RA- I find this really reasonable under the circumstances MI-it is a great reduction from the original, but I was hoping for it to be worked down a little rnore RA-If there is any further reduction that would be worked out with the City MI- will I receive something by mail? RA- get ahold of The City Code Enforcement and they will set up a payment plan Page 4 of 12 VI. FINE REDUCTION REQUESTS CONTINUED A. Case Number 210323005; CONTINUED AS- We have a payment plan if necessary RA- alright MI-ok thank you RA-thank you for being here B. Case Number 190927004; Fosler LLC, 300 Blk Northwest 9t" Street, Violation of Code of Ordinances Chapter 30, 30-43 Public nuisances (Exhibit 4). AS- Violation of Chapter 30, Section 30-43 Public nuisance for damaged fence around retention pond on the property MR-Mike Ryan RA-yes, Mr. Ryan? MR-Mike Ryan for Fosler I have Randy Simler the president of Fosler LLC and Steve Dobbs the Engineer, but I just wanted to tell the Magistrate briefly what our position is, when Fosler bought the property about 16 years ago they had a good record than later on a friend of Randy's Omar Abuaita who bought the property next door to increase the density as they plan on building apartments out there for affordable housing, when Abuaita brought the property he got a title search done and there was nothing in the code search then shortly after that they combined the properties through a quit-claim deed and they didn't bother to get another title search done as they had not done any work on the property and no title policy was issued when they did the transfer to the unity deed there was a notice sent to Mr. Abuaita about the fence being down due to some growth and vegetation dragging the fence down, the problem is after he brought the property he had moved, and the concierge signed the certified mail, so Randy Simler who is in charge of Fosler LLC did not know anything about it, eventually because he is president of Fosler he did get a notice and when he got the notice he got in in touch with Mr. Steve Dobbs, well first he came out RA- which one is Mr. Steve Dobbs MR- this gentleman right here SD-I called Anthony Smith with Code Enforcement MR- So yeah, he called Anthony Smith with Code Enforcement and within two days it was fixed. So, what we are asking for is a reduction in fine RA- ok, I have witnesses here to verify, sure, do you want to call a witness MR-yes RA-ok, state your name for the record RS-Randy Simler, as soon as I received, as I receive Fosler's mail as co-manager of Fosler I received the notice of the lien which I was shocked by the amount I immediately called Anthony and he explained to me what it was and I asked him to meet me there, I think we met the next day, didn't we Anthony AS-yes, we did RS-right, at which time I called Steve Dobbs, because I am from West Palm to get a fence company, who I also met later that day after Anthony showed/explained to me what it was. They came out that evening and fixed it, I took pictures, I called Anthony and told him that it was fixed and to check it out and let me know if we are ok and that was within two days, I would never ever, why would I let, it cost me $1,300.00 to repair the fence and to let it run on like that if I had known about it, I have owned the property adjoining to it, the old Abney property where there is a pond which is why there is a concern to make sure the fence is secure, I understand that but had no idea about it and as soon as I found out about it I immediately contacted Anthony, I immediately met with the fence company we repaired it and complied. I'm not looking for reduction, I am looking to get rid of it. Because if I would of know I would have called Anthony right away and been like what is this? He told me what it was, and we addressed it immediately that day Page 5 of 12 VI. FINE REDUCTION REQUESTS CONTINUED B. Case Number 190927004; CONTINUED RA- Ok RS-It is just a vacant piece of property that we are getting ready to build 92 apartments on it and I know there wasn't nothing against Anthony Smith I know he spends a lot of time doing his job for Code Enforcement I know he has a lot of time involved we would be happy to reimburse the City for that so that is basically where I am at right now RA- Ok RS- had the concierge instead of putting it in the mail where my partner was getting his mail forwarded to, I have no idea. I can produce the times from which he left the condo and moved into the new one if you would like the time frame and everything else, we did the title search when he brought it but as Mike Ryan said we just quit-claimed it to Fosler then he did the Jnity of the which would increase our density with the intention of building affordable housing apartments RA- ok, got it RS- it's kind of a sour taste in my mouth for something I wasn't aware of that I immediately address and took care of. Anthony Smith was very helpful to me, he met me at the site and pointed it out to me and we addressed it and took care of it in less than 48 hours RA- ok, I appreciate it and the other gentleman here? RS- Steve Dobbs, the engineer SD- I wasn't here to be sworn in RA- ok we will swear you in, Mr. Dobbs please swear to tell the truth, the whole truth nothing but the truth so help you God SD- I do RA- thank you sir and what is it you would like to say on behalf of Fosler SD-Randy called me up I gave him a fence company and I met him out there, I know it's not Mr. Smith's responsibility to call me, typically when I have clients out here the previous officer Fred would call me up and say we have a problem, and I would call my client and we would (jet it taken care of RA-yes, are you with the City building department? SD-no, I am engineer here RA- oh you're an engineer SD- I have helped Mr. Simler a couple times on some properties, so if you see anything of mine that you have problems with, I know it's not your job, but if you call me, I will help you get in touch with my clients CC- do you have a list of who your clients are because we have no idea, and that information was not left behind by Mr. Sterling SD-yes CC-we would be glad to work with you SD-I understand that I work on a lot of stuff here AS-like she said if you can get us a list SD-sure AS-so we will know what properties yours are, and if I see something in violation, I will quickly give you a call SD-I know you want to get them in compliance, I can't tell you how many people call me and ask for this and that and all kinds of stuff and I am more than happy to help I am like you I definitely don't want my clients to be in trouble AS- right SD-like he said they get a bad taste, and I definitely don't want my clients to get a bad taste about Okeechobee and all that kind of stuff. I will try to get you something, I'm sure I have your email address AS-yes Page 6 of 12 VI. FINE REDUCTION REQUESTS CONTINUED B. Case Number 190927004-1 CONTINUED SD-to let you know what I am working on AS- ok SD-so we can all get along AS- that's fine CC-1 make good notes SD-alright, thank you RA- thank you very much Mr. Dobbs, I would like to hear the side of the City in this case AS-The Respondent is not a repeat violator. The Respondent was first notified on September 26, 2019 via Courtesy Card. RA-so that was the former owner? AS-yes, the previous owner, September 26, 2019 he was sent a Courtesy Card On January 29, 2020 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt for the February 11, 2020 Hearing, received on February 5, 2020, signature not legible. On May 4, 2020 property inspected, still non-compliant. On May 5, 2020 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt for the June 9, 2020 Hearing, received on May 14, 2020 signed COVID-19. On June 9, 2020 Case presented to the Special Magistrate, found in violation of Chapter 30, Section 30-43 Public nuisances. Imposed a fine of$50.00 per day, 15 days after proper notification, plus a one-time administrative fee of $50.00. On June 18, 2020 Lien/Order recorded at the County Clerk of Court. Mailed via USPS certified return receipt on June 22, 2,020, received on June 27, 2020, signed COVID-19. On September 29, 2020 Posted property with Lien/Order. Fine to start accrual on October 12, 2020 RA- Mr. Smith quick questions, when you first inspected the property that would have been September 26, 2019 AS- that would have been Fred, that was the previous officer before I started RA-ok, so the property was not in compliance as of September 26, 2019? AS- correct RA-ok, and at some point, the property changed hands? AS-yes RA- when did it change hands AS-that is what we are coming up on right now RA- oh ok go ahead AS- On October 22, 2020 Property purchased by Fosler LLC, CO Randy Simler. Here is copy of the quit-claim deed, right here RA- ok AS- the property was inspected again, by the time I was able to switch over from Fred to me and I had the opportunity to get to the old files this is one of the files that I got to, I inspected the property on June 25, 2021, still non-compliant RA- ok AS- On July 6, 2021 90 Day Letter mailed via USPS certified return receipt, received on July/ 16, 2021 but unsigned, that is the 90-Day Letter RS- was that the one mailed to me at 310 Lakeshore Drive? AS- I believe so, let me double check RS- that is when I first received it AS- yes CC- should have been that one AS- yes RS- that is my first knowing about this RA- that was on July 21, 2021 RS- yes, that is Fosler's mailing address, that is the first time I was ever noticed of this situation period Page 7 of 12 VI. FINE REDUCTION REQUESTS CONTINUED B. Case Number 190927004; CONTINUED RA-ok, so Mr. Smith you met with the property owner? AS-yes, On July 21, 2021 Met with the property owner (Randy Smiler) at the property. Advised him of the violation. He stated that he would get it fixed as soon as possible. On July 22, 2.021, the next day I received a phone call from Mr. Simler advising that the fence has been repaired, so I came out and took pictures to put it in compliance, it was in compliance at that time. I advised Mr. Simler that the property was in compliance, but he would have to deal with the fines that had accrued, he stated that he would get with his title company as he had an insured title search, and he will be doing paperwork with the title company reference to payment of the fines. On September 14, 2021 Case presented to the Special Magistrate, case closed but noted for the record to have been in violation of Chapter 30, Section 30-43 Public nuisance and that thE!re is an existing lien in the amount of$14,000.00 RA- ok so the property changed hands on October 22, 2020? AS- yes RS- it was quit-claimed from Abuaita to Fosler when he quit-claimed it, when he purchased it, he had a title search done RA- but on October 22, 2020 it sounds like to me that the violation was still ongoing started as early as January 2020 CC-it started in 2019 RA- it started in 2019, ok, you were not aware that there was a violation. RS- no, because the notices were going to Omar Abuaita, not to Fosler he hadn't quit-claimed the property yet to Fosler RA- ok RS- I wasn't aware of it till I got that letter, the notice from Anthony of the lien RA-ok AS-did he ever tell you that there was a lien on the property RS-no, he is my partner for a $1,300.00 fence fix that I did within 24 hours, why would we let that go for however many days to accrue a fine of $13,000.00 does that make any business since to anyone in this group? It certainly doesn't to me. We were unaware of it RA-yes, but he was your partner, he didn't tell you RS- yes, but he was never noticed, un-legible signature, he moved it was sent to his condo old address signed by the concierge and it just disappeared, he is a CEO of a 400-billion-dollar company, he's not going to blow something like that off for nickels and dimes RA- ok, so on July 21s' you said that is when you found out RS- yes when I got the notice of the lien, that's when I immediately called Anthony to find out what it was all about RA- ok RS- I was totally in the dark, that's when I went and met with him the next day and that evening, I had the fence fixed and put it in compliance in 24 hours RA- ok at this point, what is the city recommending Mr. Smith AS- The City is recommending a fine reduction of 75 percent plus a $50.00 administrative fee, reducing the fine from $13,950.00 to $3,487.50 plus the $50.00 administrative fee, totaling $3,537.50 RA- ok, Mr. Smith why is the City recommending a 75 percent reduction AS-because he is not a repeat offender and the first time an offender has a fine levied against them and they put in for a fine reduction it is 75 percent, the second time 50 percent, we have a fine reduction schedule RA-did you take into consideration that the current respondent in this case only became aware of the violation as of July 21? AS-yes that is another reason why we will happily do the 75 percent RA- ok Page 8 of 12 VI. FINE REDUCTION REQUESTS CONTINUED B. Case Number 190927004; CONTINUED AS- he stated that the other gentleman is his partner I don't understand why his partner would tell him RS-we weren't partners in the property then, he owned the land by himself then he quit-claimed it to Fosler then where he became a partner and manager of Fosler LLC AS- and he still didn't tell you that RS-no CC-the property was posted AS- the property was posted RS- we live in West Palm Beach AS- I understand that but we also sent the certified letter to as well June 27, 2020 it was signed COVID-19 that means it was received RS-who did AS- I do not know I am not on that end RS- I know RA-yes, ok the property ok, anything else you would like for me to consider MR- I know the one thing about code enforcement is to try and get a response from someone RA-yes, it was in violation for a long time and that is the concern for the City, but go ahead MR I know it was, but in the file there before this was all put together, that Abuaita was notified, but he was notified at the Phoenix Towers, and he didn't live there. So, when you say a person in violation for a long time you have to understand that the person has to know about it before they can respond RA-yes MR-1 just think that the fact that Randy is here, and he is going to be involved in doing something good for City and when he got notice he was there johnny on the spot and took care of it right away. I know there is standards and guidelines that you go by, internal guidelines RA- yes MR-but there can also be exceptions to guidelines, let him be the exception to the guidelines told him that he is not going to get away Scott-free, some guidelines the City says 10 percent in this case and I understand that is what you are 25 percent but in this case you have to take in consideration that once he got notice he got right on it and took care of it and he is trying to be a good citizen and if you don't know about something you can't fix it. I am asking for a little better consideration RA- anything further Mr. Smith AS- no RA-so in this case of the City of Okee v. Fosler LLC/Omar Abuaita, so your still partners in this case RS- yes, we are getting ready to develop 92 apartments MR-the question is not that you are still partners, they are still partners but they weren't partners when this all started RA-right MR- and in only by putting the land together did he get noticed RS- because I get the mail, he travels a lot and not only that he changed residences, because apparently the notice, Steve Dobbs tracked it down in public record that it went to 2800 or whatever which is he old residence RA- ok, alright RS-when the notices were coming, he was living in another residence which he bought that you could verify all the dates RA-ok, alright in the case of the City of Okeechobee v. Fosler LLC, Case #190927004 having considered arguments of counsel and testimony of all witness, including the testimony of the certified Code Enforcement Officer of Okeechobee Mr. Smith and the exhibits presented in this Page 9 of 12 VI. FINE REDUCTION REQUESTS CONTINUED B. Case Number 190927004; CONTINUED case and the chronology of events in this case that I have become aware. I was the Magistrate in this case when it first became a crime in this matter, we did hear it and we did make findings in this case that the property was properly posted, and the City just did not receive any response in this case and the chronology shows that the property did change hands by quit claim deeded to you RS- correct RA-it was not purchased, it was quit claimed RS-correct RA- I see that the property was posted, and in this case, somebody received the notices as they did not go back, the property did remain non-compliant from September 26, 2019 until you took care of it, on July 22, 2021 which is when Mr. Smith inspected is that when it came into compliance for the first time? AS-yes RA- ok RS- when I was made aware of it the day before RA-this is something that could have been fixed in one day RS-exactly, it was fixed in one day RA-you fixed it in one day RS- absolutely, once Anthony made me aware of it, it was fixed in one day RA- it was fixed in one day, this is not something that really wouldn't take a long time to fix, it is something that is fixable in 1-2 days RS- this would have never existed we would have taken care of it the same day just like it was when I found out RA- but the City Code Enforcement Officers also made a point that the property was posted, there were letters sent out and they were received by your partner RS-can I ask you a question RA- yes RS-just because I own the property, what if I lived in Alaska just because you put a posting on my property is it my responsibility to drive by my property every month or something? RA- yes, you have to somehow know what is going on with your property RS- I thought I did, but apparently, I didn't because I never got the mail until I got a copy of the lien RA- this is vacant land AS-yes RS- yes, we are going to build 92 apartments housing for the City of Okeechobee, I have owned the adjoining property since 2005 RA-I do appreciate the fact that you did come in and fixed the issue in one day RS- as soon as I knew about it, I was there with 24 hours and it was done and over not two years, no sense in me waiting on a $1,300.00 repair and to take a change on a $14,000.00 lien for something that took about 3 hours out of my day to meet Mr. Smith, contact the fence company and have it repaired and to contact Mr. Smith the following day to let him know that the repair had been done and he went out and checked it RA- Mr. Smith other than the time you got ahold of Mr. Simler. What attempts were made to get ahold of someone about the property AS-please say that again RA- what attempts were made in attempt to contact the owner in this case. Before we imposed a lien, I think you posted the property, and also mail was sent out AS-yes, RA- did we not get a response on that one because that person was not in Okeechobee? Page 10 of 12 VI. FINE REDUCTION REQUESTS CONTINUED B. Case Number 190927004; CONTINUED AS- no, we actually did receive a response from it, we received receipts back, one was signed but no legible, next one was signed COVID-19, on June 18, 2020 the lien/order was sent out and received on June 27, 2020 signed COVID-19 as well MR-that was during COVID-19 and people weren't getting signatures, the concierge signed for it RA- okay I will tell you what I am going to do Mr. Fosler I am going to reserve ruling and I will have a decision by tomorrow and I will prepare an order RS-thank you, I couldn't ask for anything more RA- I will look at it very carefully RS- Anthony thank you very much AS-take care C. Case Number 200318009, Daniel T Meara, 905 Southwest 3rd Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisance, 30-44 General cleaning and beautification (Exhibit 5). AS-Violation of Chapter 30, Section 30-41 Disabled vehicles, Chapter 30, Section 30-44 General cleaning and beautification for untagged vehicle and the grass needs to be mowed and debris cleaned up. The Respondent is not a repeat violator. The Respondent was first notified on March 19, 2020 via Courtesy Card. On June 15, 2020 inspected property, still non-compliant. On July 28, 2020 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, we have not received anything back as of the date of this Hearing. On July 31, 2020 inspE�cted property, still non-compliant, the grass was cut however the untagged vehicles remain, Posted Property with Notice to Appear. On August 6, 2020 inspected property, still non-compliant. On September 22, 2020 second Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, received on September 25, 2020 by Krystal Cafter. On October 20, 2020 inspected property, still non-compliant. On November 17, 2020 third Statement of Violation/Notice of Hearing mailed via USPS certified return receipt and Posted Property with Notice to Appear, received on November 21, 2020 signed by R.P. Cig. On December 8, 2020 Case was presented at the Special Magistrate found in violation of Chapter 30, Section 30-41 Disabled Vehicle (no tag). A fine of$25.00 per day plus an administrative fee of$50.00 will begin to accrue 14 days after proper notification. On January 27, 2021 inspected property, still non- compliant. On February 25, 2021 Lien/Order recorded at the County Clerk of Court. On April 21, 2021 corrected Lien/Order recorded at the County Clerk of Court. Mailed via USPS certified return receipt to the property owner. If property is not brought into compliance imposed fine will began accrual on May 6, 2021, received on April 30, 2021 by Daniel Meara. On May 5, 2021 Property inspected, still non-compliant, vehicle still untagged. Fine Accrual starts on May 6, 2021. On May 18, 2021 Rebecca Mr. Meara's Secretary called advising that the truck has been removed from the property. Inspected property, in compliance On June 18, 2021 Compliance Letter with fine total mailed via USPS certified return receipt, received on July 7, 2021 by Daniel Meara. On September 2, 2021 90-Day Letter mailed via USPS certified return receipt, received on September 10, 2021, signature not legible. On October 1, 2021 Daniel T Meara came into the office in reference to the open fine on his property. Mr. Meara was advised that he has a $350.00 fine due to non-compliance from May 6, 2021 to May 18, 2021. He requested to complete a fine reduction form. Form given to Mr. Meara and completed. Mr. Meara was advised that a notice with the date and time of the Special Magistrate Hearing that the fine reduction request will be presented to the Magistrate will be mailed to him. On October 4, 2021 Statement of Violation/Notice of Hearing mailed via USPS certified return receipt, received on October 7, 2021, signature not legible. The City recommends a fine reduction of 75% plus a $50.00 Page 11 of 12 VI. FINE REDUCTION REQUESTS CONTINUED C. Case Number 200318009; CONTINUED administrative fee, reducing the fine from $300.00 to $75.00 plus the $50.00 administrative fee, totaling $125.00 RA- so the property did come into compliance AS-yes it did RA- ok in the case of the City of Okeechobee v. Daniel Meara, Case #200318009 1 will find based on the testimony and the exhibits presented by City of Okeechobee certified Code Enforcement Officer Mr. Smith even the though the respondent was in violation but did come into compliance at some point being that the City is recommending a reduction of 75 percent plus the $50.00 administrative fee I find it reasonable in this case so I will recommend that to the council. Anything else on this one Mrs. Curl CC- no, just to note on the record we no longer have to go before the council that it is your final recommendation RA- ok sounds good, anything else AS- no that was the final case VII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7.02 P.M. BE ADVISED that should you intend to show any document, picture, video, or items to the Special Magistrate in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Code Enforcement Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Code Enforcement Office in person or call 863-763-9802, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. Page 12 of 12 .®F•QKFFcy CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING o 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 a OFFICIAL AGENDA 0 91 " NOVEMBER 9, 2021 6:00 P.M. I. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE Special Magistrate Roger Azcona, Esquire City Attorney Greg Hyden Police Lieutenant Justin Bernst Code Enforcement Officer Anthony Smith Assistant Code Enforcement Officer Christina Curl III. CHANGES TO AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Approval of Minutes-October 12, 2021. B. Administration of Oath-anyone giving testimony is required to be sworn in. V. COMPLIED CASES A. Case Number 210916011; Rodney Beaman, 816 Southeast 14th Court, Violation of Code of Ordinances Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, 30-40 Junk (Exhibit 1). B. Case Number 210930015; Aaron A. Kinty, 611 Southeast 6th Avenue, Violation of Code of Ordinances Chapter 54, Section 54-81 Use as a residence (Exhibit 2). VI. FINE REDUCTION REQUESTS A. Case Number 210323005; Omar Nafal Zaben (La Placita Supermarket), 1002 Northwest Park Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance, 30-44 General cleaning and beautification (Exhibit 3). B. Case Number 190927004; Fosler LLC, 300 block Northwest 9th Street, Violation of Code of Ordinances Chapter 30, 30-43 Public nuisances (Exhibit 4). C. Case Number 200318009; Daniel T Meara, 905 Southwest 3rd Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisance, 30- 44 General cleaning and beautification (Exhibit 5). VII. ADJOURN MEETING BE ADVISED that should you intend to show any document, picture, video, or items to the Special Magistrate in support:or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Code Enforcement Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Code Enforcement Offices in person or call 863-763-9802, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. Page 1 of 1 Exhibit 1 Code Enforcement Hearing November 9, 2021 Case Name & Number: Rodney Beaman, Case#210916011 Code Section Violated Description of Violation Chapter 30, Section 30-33 Owner to control excessive Overgrown weeds, grass, bushes or shrubs. growths and unsanitary ponds and swimming pools Chapter 30, Section 30-40 Junk Yard debris, trash and junk covering the entire pro pert . Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on August 30, 2021 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Date received Received by September 16, 2021 Inspected property, still non-compliant September 16, 2021 Statement of Violation/Notice of Hearing mailed September 27, Rodney Beaman via USPS certified return receipt 2021 September 22, 2021 Mr. Beaman called and spoke with Code Officer Smith, stated that he would be getting the property cleaned up sometime this week September 27, 2021 1 Inspected property, in compliance City Recommendation: The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 30, Sections 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, 30-40 Junk. Chronology attached Page 1 of 1 Exhibit 1 Case # 210916011, Rodney Beaman Date Event/Document August 30, 2021 Property owner- Rodney Beaman Address- PO Box 4478 Fort Walton Beach, FL 32549-4478 Phone#- (863) 697- 0234 Site Address- 816 SE 141h Ct. Violation observed for CH 30 Sec 30-33 Owner to control excessive growths and unsanitary ponds and swimming pools, for overgrown weeds, grass, bushes or shrubs. CH 30 Sec 30-40 Junk, for trash, debris and junk covering the entire property. Photos in file. Courtesy card mailed via regular mail, given 14 days to correct violations. September 16, 2021 Inspected the property: Not in compliance none of the violations have been addressed. Photos in file. SOV/NOH mailed certified return receipt for November 9th Hearing. Received on September 27, 2021, signed by Rodney Beaman. September 22, 2021 Mr. Rodney Beaman called in and spoke with Code Officer Smith and stated that he would be working on getting the property cleaned up sometime this week. That the weather has made it hard to get it done sooner. Officer Smith advised him to call the office when the cleanup is complete so that I can inspect the property and take pictures to close out the case. September 27, 2021 Inspected the property: In compliance, property was cleaned up, the grass, and shrubs were cut, porch was organized. Photos in file. ase Closed. September 28, 2021 Asst. Code Officer Curl received a call from Mr. Beaman reference to the notice he received in the mail, and he wanted to let us know that the property had been cleaned and mowed. Mr. Beaman was advised that the property was inspected yesterday and found to be in compliance. Page 1 of 1 Exhibit 1 vtRill 44 t I Y _ _ y 2`..►.r� :.. ai d.'� Atgl� n4 t.. y. 7tr � !� � ice''•` M'7 h_, 7v`�+ a� j 1 Ai/ `rcg`�!j`k ,�,`�:u °o �.. �,� w, � ate„... ,i, ,y,�,K. /!t"a-+�yi_'.1 3"......• �'ys Exhibit 1 F, 44h, a 3 r ✓ t i f `• JOW , OWES , . uC7kAlw_ i �-�... ONE �: T :� _ --� :0011 POP poll ob, in5iw�� •� TH frill ors ` f er�..+r a!�—mn6n.Y° ,�`�C�',,.�1„�I+T .-->e.+..� ''� - °ar Ra�.v �.•.r��q ova ., h: s _ ' .- 0 9 D900DM �10 a�u .• - -r Exhibit 1 4- :001it, y s R Ile �46r� AW Aor 71 t s �.�. .... a `y s. Yj'~�� J� !�. .mow.�,� I'a�`RF��cn�iY '•>. �.-'f,�A •y .. T b� 1 n`;�. 's Exhibit 1 r • &Bob L Exhibit 1 Date: 31/ Re: /W fwev o , Dear Property Owner, This is a courtesy card requesting your assistance in alleviating the following code violation(s) at the above address. The following violation(s) exist: Z .m�-c . 36 33 .Overgrown Weeds, Grass,Bushes or Shrubs 0 Unauthorized Signs,Flags or Banners Z&, 3v- Vv rash,Yard Debris or Junk 0 Operating a Business Without Required License 0 Inoperable,Abandoned or Unlicensed Vehicle 0 Pool Violation ®International Property Maintenance Code Ch Sec 0 Other ,� ✓.,-ir ,V gZ,O //j,-3 i Please contact our office at(863)763-9795 within /y' days of receipt of this card and let us know when violation(s)will be corrected.We appreciate your cooperation. Exhibit 1 fi J u �L A 1p ,•f F'XA" /«''! M } by`•- ! i �rw s R r*' :ate.-:• F`R5I ,A".•_ '�' gY';:, r-<...r .^+s p, �i�e per- - ^, r w Exhibit 1 3 f JON x. f - „� �� �,., ''� a b�. 'mow �g%.;, tee,e. .K,•, Ct :�""�_` � ^ -ice�4 tT S.rM r I Y , [CV, °0�1 0200�2d am� � Exhibit 1 �,,oiieechobee Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 09/16/2021 Respondent, Rodney Beaman CASE NO. 210916011 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Sec 30-33 and Sec 30-40 2. Address and Parcel#where violation exists: 816 SE 14th CT 3-22-37-35-0290-00000-1530 (35656) 3. Name and address of property owner or person in charge of location where violation exists: Rodney S Beaman, PO Box 4478 Fort Walton Beach, FL 32549-4478 4. Description of Violation:Overgrown grass, weed, shrubs or bushes. Junk on the carport and trash/debris covering the property. 5. Date violation must be corrected byNOv 1, 2021 6. Date violation first observed on or about$/30/21 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 November.2021 at 6:00 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#rat any evid neeTresent to the Magistrate for his consideration will be retained by Code Compliance Department . ail t appear at the heiili1tg the Magistrate may enter an Order of Violation,&impose a fine in your absence. Anthony Smith Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una orden administrative final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 1 U.S. Postal Service" CERTIFIED MA ILO RECEIPT Cr Domestic Mail Only r7 For delivery Information,visit our website at www.usps.com'. r-9 Certified Mail Fee �` ;yn �� t� S / tl� Ln Extra Services&Fees(checkbox,add fao as appropriate) ❑Retum Receipt Owdcopy) S 0 ❑Retum Receipt(etactronic) 3 1 POS(a1adC ❑CeNfied Mal Reatriclad Dafvoy 5 �r} O FIpIWt Q ❑Adult Sigmture Required S []Adult Sgnature Restricted Ddlivery S 1`�{,..,f,,•,�—`q'��\ p Postage Ln $ {Y�4 E-3 Total Postage and Fees S t-a S f1! f ---J,------------- p -�y-ley_ N. or-PO- XNyy�Z (X Cilate, f+ -- `--'"'S1----------------------- --'-'---"'----- t Exhibit 1 COMPLETE THIS ii SECTION� 0111 DELIVERY SENDER: COMPLETE THIS SECTION I Am ■ Complete items 1,2,and 3. A. Sig u ■ Print our name and address on the reverse C7 Agent y X so that we can return the card to you. A M Addressee ■ Attach this card to the back of the maiiplece, Rye` by Hnled Name) C. Data of Delivery or on the front if space permits. i_ rH,ao AAA--, . --Adress different from item 1? 0 Yes Rodney S Beaman tr delivery address below: C]No PO Box 4478 Fort WaltoPeach, FL. 32549-4478 3. Service Type 0 Priority Mail Express II I�IIIII ICI I!I I II II III I II III II III I H III ❑0 Adult dult Signature Registered ture Restricted Delivery ❑Registered Mall Restricted 11f I t 111 �Mall® pellvery 9590 9402 6547 1028 3228 59 CortitiedMall Restricted Delivery IgnatureGontimiation- ❑Collect on Delivery Signature Confirmatlon 9 Artir•Ic Alumhuv rT.,��.s ^-.•�^^+-�^^ ^^^"^"`-n Delivery Restricted Delivery Restricted Delivery ai 7021 0350 0001 5117 7 419 ball Restricted Delivery I cover$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I Exhibit 1 a 600 :;. , . � 1�7 k :w t , N � a L i Exhibit 1 .a $ R Y � - ary =fit: �J�Blrllw�.n n r rr f Exhibit 2 Code Enforcement Hearing November 9, 2021 Case Name & Number: Aaron A. Kinty Case#210930015 Code Section Violated Description of Violation Chapter 54, Section 54-81 Use as a residence Using a fifth wheel trailer as a residence Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on August 30, 2021 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Date Received by received September 30, 2021 Inspected property, still non-compliant September 30, 2021 Statement of Violation/Notice of Hearing Have not received anything back mailed via USPS certified return receipt as of the date of this Hearin October 13, 2021 Inspected property, in compliance City Recommendation: The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 54, Sections 54-81 Use as a residence. Chronology attached. Page 1 of 1 Exhibit 2 Case #210930015, Aaron A. Kinty Date Event/Document August 30,2021 Property owner- Aaron A. Kinty Address- 2341 SE 27th St Okeechobee, FL 34974 Site Address- 611 SE 61h Ave Violation observed for Ch 54 Sec 54-81 -Use as a residence No recreational vehicle shall at any time be used as a residence temporarily or permanently. Photos in file. Courtesy card mailed via regular mail, given 30 days to correct violations. September 30, 2021 Inspected the property: Not in compliance, Photos in file. September 30, 2021 SOV/NOH mailed via USPS certified return receipt for the November 9th Hearing. Returned unclaimed, unable to forward on October 26, 2021. October 13, 2021 Inspected the property: In compliance, recreational vehicle removed from the property. Photos in file. Case closed. Page 1 of 1 Exhibit 2 4 NEW lk S 1 Exhibit 2 .r 4 4% W.- _+ 7 3 C' _ 4 r 1' rf � '1_` % Wit,• ; 0 °o 28 e o Exhibit 2 Date: 1 Re: /z Dear Property Owner, This is a courtesy card requesting your assistance in alleviating the following code violation(s) at the above address. The following violation(s) exist: 0 Overgrown Weeds, Grass,Bushes or Shrubs ®Unauthorized Signs,Flags or Banners 0 Trash,Yard Debris or Junk 0 Operating a Business Without Required License 0 Inoperable,Abandoned or Unlicensed Vehicle 0 Pool Violation 0 International Property Maintenance Code Ch Sec Other /V S` �c v- l o .� �,� .c/ �a�/ Please contact our office at(863)763-9795 within 3o days of receipt of this card and let us know when violation(s)will be corrected. We appreciate your cooperation. Exhibit I„ q ©9 30/2o21 as 3 f ti Exhibit 2 �� `h F./,..4.. ,r. r IwY°.. "mil�1. ',tY:M'�:t1EGR'+N E ♦ Md',Wo M&N, 0M]O r� Illy„ � I a. EXhibit 2 Okeechobee Police Code Enforcement y: 50 SE 2nd Ave Okeechobee Florida 34974 F` 863-763-9795 Phone CODE ENFORCEMENT FOR THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 09/30/2021 Respondent, CASE NO. 210930015 Aaron A. Kinty STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee, I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section:CH 54, Sec 54-81 Use as a residence 2. Address and Parcel#where violation exists:611 SE 6th Ave, Okeechobee 2-22-37-35-OA00-00016-0000 (33012) 3. Name and address of property owner or person in charge of location where violation exists: Aaron A. Kinty, 2341 SE 27th St, Okeechobee, FL. 34974 4. Description of Violatio "Recreational vehicle being used as a residence. No recreational vehicle shall at any time be used as a residence temporarily or permanently. 5. Date violation must be corrected byNOv 1, 2021 6. Date violation first observed on or about8/30/21 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 November. 2021 at 6:00 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 Department.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 hearing 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 acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 2 U.S. Postal Service'" CERTIFIED o . ECEIPT r' Domestic t-n a certified Mail Fee Xpos r l $ v1 nD q U1 Extra aes em(ctmabox,addfeew wwmm aee) ❑Retum Receipt"-Opw f r� ❑aet—R.aeipt(elec4oni¢) f Vngtly� �- p ❑CwMed Meg RaMctW D*," f �^ He p ❑MfuitSlpnak-ReW— $ \ 'W-1 p ❑Aduft signature ReebictW oeIWery f p Postage • "' L t.n $ M Total Postage and Fees p s r=1 Sent (LI ' ----------------- t. o � o. -- ----—---- N r +r .Q t .0 to I , 'II ;4EOF-05 w Okeechobee Police Department 10o01:2021 �/�J�(�j 7-332 50 S.E.2nd Avenue Okeechobee, Florida 34974 , ZIP 34974 7021 0350 0001 5117 7457 041M11455829 Aaron A. Kinty `�,� (� 2341 SE 27th St hJ Okeechobee, F _ _ _ ,0 Fa1�0%2 4 L i tiNL_Ai7'41ED 1 -jNABLE To ;: QRWARD i 1 •. i UN L. 34977290756 21.66-05 / 59-rOG-46 Exhibit 2 .ti y 5 tiNy . 11 0!711 iff ipi I I W 17� II lJU Ll�U LSV(S ll �`zl�(S LI fmw f , �� ����"',ate►r �� � R c i � x r"6 ,; y,'1 it e'��►+ fi ,•� , �,4 y MO MOM 1163-M fir. ,arr t ° a► ! t Exhibit 2 04 r4 _' • -�o v , E=xhibit 3 VI. A.-Exhibit #3 Case #210323005 Omar Nafal Zaben (La Placita Supermarket) Exhibit 3 Code Enforcement Hearing November 9, 2021 Case Name&Number: Omar Nafal Zaben, Case#210323005 Code Section Violated Descri tion of Violation Chapter 30,Section 30-43 Public Nuisance Strong urine smell coming from fence line Chapter 30, Section 30-44 General cleaning and Overflowing dumpster, debris/ garbage scattered throughout the beautification nei hborhood,Truck parked in the right of way Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on March 23,2021 via Statement of Violation/Notice of Hearing mailed via USPS certified return receipt. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Date received Received by March 23, 2021 Statement of Violation/Notice of Hearing mailed via USPS certified return March 25, 2021 Omar Zaben receipt April 27,2021 Inspected property,still non-compliant May 5,2021 Inspected property,still non-compliant May 11,2021 Magistrate Hearing, fine imposed: $100.00 per day 50.00 administration fee May 18,2021 Lien/Order mailed via USPS certified return receipt May 19,2021 Omar Zaben June 1, 2021 Inspected property,still non-compliant.Lien/Order recorded,fine begins accruin ,$100.00 per day&50.00 administration fee June 8, 2021 Recorded Lien/Order mailed via USPS certified return receipt July 16,2021 Unclaimed July 1, 2021 Inspected property,still non-compliant September 2,2021 Received phone call from Maha Nafal asking what was needed to get the property into compliance. She was advised By Code Officer Smith what she need to do to get the property into compliance September 9,2021 Inspected property, in compliance September 16,2021 SOV/NOH mailed via USPS certified return receipt for the October 12th September 20, Z.Nafal C3 Hearing. 2021 C19 CE September 20,2021 Code Officer Smith received a call from property owner stating that they would be out of town on October 12th and would not be able to attend the Hearing and request it be postponed until the next Hearing. September 20,2021 SOV/NOH mailed via USPS certified return receipt for the November 9th September 23, Zaben Nafal Hearing. 2021 City Recommendation: The City recommends a fine reduction of 75% plus a$50.00 administrative fee, reducing the fine from $10,000.00 to$2,500.00 plus the$50.00 administrative fee, totaling $2,550.00. Chronology attached. Page 1 of 1 Exhibit 3 Case #210323005, Omar Nafal Zaben (La Placita) Date Event/Document March 22, 2021 Property Owner- Omar Nafal Zaben (La Placita Super Market) Address-1002 NW Park St Violation of CH 30 Sec 30-43-Public nuisance and Sec 30-44-General cleaning and beautification. Trash and debris scattered. Truck and store carts parked in the City right-of-way. Strong urine order coming from the fence line. March 23, 2021 SOV/NOH mailed certified return receipt for May 11t" Hearing. Given 7 days to correct violation. Received by Omar Zaben on March 25, 2021. April 27, 2021 Inspected the Property: Not in compliance and photos in the file. Trash all over the property, next to dumpster but not in the dumpster, and beer bottles in the far corner of the property giving the impression that alcohol consumption is taking place on the property. May 5, 2021 Inspected the property: Not in compliance photos in the file. Trash all over the property, shopping carts left out and beer bottles along the back fence line. May 11, 2021 Case presented to the Special Magistrate found to be in violation of CH 30, Sections 30-43 Public nuisance, 30-44 General cleaning and beautification. A fine of$100.00 per day plus a $50.00 administrative fee imposed, beginning 21 days after hearing unless property is brought into compliance. May 13, 2021 Lien/Order prepared for the Special Magistrates signature. May 18, 2021 Lien/Order mailed certified return receipt. If property is not brought into compliance within 14 days lien/order will be recorded at the Clerk of Court. Received by O. Zaben on May 19, 2021. June 1, 2021 Property Inspection: Not in compliance Truck parked in the right of way, trash, and debris along the fence line (Alcohol Containers). June 1, 2021 Lien/Order recorded at the Okeechobee County Clerk of Court. Official Records File#2021006777 Page(s) 1. June 1, 2021 The imposed fine of$100.00 per day plus a $50.00 administrative fee began until the property is brought into compliance. June 8, 2021 Recorded Lien/Order mailed certified return receipt. Returned, unclaimed on July 16, 2021. Page 1 of 2 Exhibit 3 Case #210323005, Omar Nafal Zaben (La Placita) Date Event/Document July 1, 2021 Inspected the property: Not in compliance, very large pothole in parking lot and a parked truck in the alleyway behind the shore and debris and junk in the alley, progress has been made in the picking up of debris from around the property. September 2, 2021 90-Day Letter mailed via USPS certified return receipt. Received by Zaben Nafal on September 7, 2021. September 8, 2021 Received a phone call from Maha Nafal asking what she need to do to get the property into compliance. I Code Enforcement Officer Smith advised her of what need to be completed to bring the property into compliance. She advised me that she would have the property in compliance by the end of the day. I advised her that I could meet with her at the property tomorrow at 2pm. She agreed. September 9, 2021 Inspected the property: In compliance, they addressed the issues. Photos in file. I Code Enforcement Officer Smith advised the property owner to fill out a fine reduction form. September 16, 2021 SOV/NOH mailed via USPS certified return receipt for the October 12' Hearing. Fine Reduction Request. Received by Z.Nafal C3 C19 CE on September 20, 2021. September 20, 2021 Code Officer Smith received a call from property owner stating that they would be out of town on October 12th and would not be able to attend the Hearing and request it be postponed until the next Hearing. September 20, 2021 SOV/NOH mailed via USPS certified return receipt for the November 9th Hearing. Fine Reduction Request. Received by Zaben Nafal on September 23, 2021. Page 2 of 2 Exhibit 3 i At 4 z r ��Fy r, • .P 03/22/2021 13 0.6 03/ 2/ 021 13 : �4 Exhibit v �y 0 /2"2/20 Exhibit 3 Okeechobee Okeechobee Police Code Enforcement a_ 50 SE 2nd Ave Okeechobee Florida 34974 VVY CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 03/23/2021 Respondent, CASE NO. 210323005 Omar Nafal Zaben STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section:CH 30 Sec 30-43& 3044 2. Address and Parcel#where violation exists:1000 BILK NW Park St 3-16-37-35-0160-00280-0190 (34557) 3. Name and address of property owner or person in charge of location where violation exists: Omar Nafal Zaben, 965 SE 23rd St, Okeechobee, FL. 34974 4. Description of Violatio rtf rash and debris scattered, Truck and store carts parked in the City right-of-way. Strong order coming from the fence line. 5. Date violation must be corrected byMar 30, 2021 6. Date violation first observed on or about3/23/21 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 11 th day May.2021 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 Department.If ou f ' 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 hearing 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 section 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una Orden ad.ninistrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 3 U.S. Postal Service" CERTIFIED oRECEIPT Domestic For delivery information.visit our website at www.usps.com'. � " FiC1Al p Certified I Fee [` $ rview&Fe99 (check box red fre w appoprWe) �( ❑Return O wdeopy) O S O ❑Ramp Reoalpt(ekcoodc) a Posftyvw ® I❑C.tMed kW Rwni.d aw«y a Here ❑AddtsilptahmRequired a ❑Adult SWwUe.ReeubtmdDOMY s Q Postage Ln a ota Postage and Fees flJ / S G7 Sent ru - am- ----------------- r , ------ (i Exhibit 3 SENDFR: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. 1 A. Sign)atture,,■ Print your name and address on the reverse X C��'/G� �'-�7 ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, Received by(Prin+ed Name) C. Da of D livery or on the front if space permits. �J d 1. Article Addressed to: n. i.,ri-lh i address 1iFEre7?M-TM 11 ❑Yes deliv dresc.beiow: ❑No Omar Nafal Zaben > o 965 S' 23rd St .. tc� Okeechobee, FL. 34974 W C1%+ ❑Pdo ty Mail Express® 0 Adu �dint Siied natuMal1e Restrict eplAtered MOT- ryed Mail Restricted 9590 9402 6165 0220 6788 56 O Certified Mail Restricted Delivery Signature Confirmation- 0 collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 7020 2450 0000 5701 7448 1 Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 3 .r fop } ,... Exhibit 3 �T-3 �Y ••.i .R r 1 4 b 040�77��O�i1 OsJ° ��4 r,1 1�[ �TJ ry r „y.�,�.�.�.�.�. .�.._,�.._'„!'R'y-.�.-•.'`} �4...._...'.r.tp um 41 �� � n �. ;� >• a i i INC' _ y Exhibit 3 s W0MM 'MOT RIA A r • .,OIL �RS mil. Exhibit 3 - r tn -Now Amp- IJ "?s u•;� °fix � � 6� '__..--- -• —_- - .� �. a ro r, 4 I�J�J!!IIrJ II�L,IJCS it Il U•��Il pp M M 1 MIM Exhibit 3 1410� WOMM I M Exhibit 3 CERTIFIED MAIU1 RECEIPT U.S. Postal Service"' ru Domestic Mail Only m m For delivery Information,visit our website at www.usps.com". a M rl Certified Mail Fee -- ----- 1 n� to S Services&Fees WWa b=odd fee as epprepnste) 0 ❑Rouen Re(.lut M&dCWY) $ 0 ❑Rak—PA.*t(0--hurk) $ Postmark M ❑Co bfiod Mall R.et WW DW9 y $ Here L7 ❑Adult slgi "Retptltod It ❑Adult SOmm ReaWded DOMY$ ro- Postage � Total Postage and Fowa Er = UX r-9 S CO - F� . Exhibit 3 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature {/y] ■ Print your name and address on the reverse x ^ ❑Agent r so that we can return the card to you. 1 ❑Addressee ■ Attach this card to the back of the mailpiece, 8. eceived b IP' ted Name) Cy.—D eAof D livery or on the front if space permits. J ;! _ 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 3r delivery address below: O No Omar Nafal Zaben 965 SE 23rd St Okeechobee, FL. 34974 O Priority Mail Expresso II I�III�I IIIIIII II II I'()I II II I III I II II III ❑Adult Signature ❑Registered MailTM I I I I �Atlult Signature Restricted Delivery O Reeggistered Mall Restricted Certified Mail(D Delivery 9590 9402 6596 1028 9879 24 Certified Mail Restricted Delivery )6Signature Confrmation- ❑Collect on Delivery `0 Signature Confirmation 9. Artinla Nr imhor 1 rmnafar from—fir c tAi,on ❑C011ecY on Delivery Restricted Delivery Restricted Delivery 7 019 2970 0000 1811 3823 aii Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 3 ♦TM a `.�.`. /Mrs two _ #mac y ��' `► � �, e�: i' .Ate,!"1i\� � \ - t Exhibit r Y UGU /2021 BMW loin a` - a' `e Exhibit 3 0098S W oo ,@ . Exhibit 3 Official Records Fle#2021006T17 Page(s):1 Jerald D Bryant Clerk of the Circuit Court&Comptroller Okeechobee,FL Recorded 6110021 10:46 AM Fees:RECORDING$10.00 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2w Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE,FLORIDA CASE NO.210323005 CITY OF OKEECHOBEE,PETITIONER -vs- Omar Nafal Zaben(La Placita Super Market),RESPONDENT LIEN I ORDER THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public hearing on May 11,2021.After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Property Owner: Omar Nafal Zaben(La Placita Super Market) Property Location: 1002 Northwest Park Street Legal Description: Lots 15,16,17,18.19 and 20 of Block 28 NORTHWEST ADDITION TO OKEECHOBEE, Plat Book 1, Page 25, public records of Okeechobee County, Florida Parcel: 3-16-37-35-0160-00280-0190(34557) CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation CH 30 Sec 30-43 Public nuisance Truck and store carts parked in the City right-of-way.Strong urine order coming from fence line. CH 30 Sec 30-44 General cleaning Trash and debris scattered all over property and around dumpster. and beautification ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30,Sections 30-43 Public nuisance and 3044 General cleaning and beautification,concerning your property located at 1002 Northwest Park Street,Okeechobee,Florida. If you do not correct the violations by June 1, 2021, the Magistrate hereby imposes a fine of$100.00 per day, including a one-time administrative fee of$50.00,commencing that date and continuing to accrue daily until the City verifies that the violations are corrected.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 Statutes Chapter 162. You have the right to appeal this finding within thirty days, 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 Cade Enforcement Officer to verify such compliance. ORDERED this 11th day of May 2021. 7Okee 1 o�ee Code Spe i agistrate ATTEST: Roger Azcona,Esquire ;iFn l /�//�✓J ,VIOL / ICJ � NotmY PUWc 51ffie of Florida Christina Curl,Recording Se retary Ericka S Smith a My Commiaalon HH 072091 y0, Expires 12JM024 STATE OF FLORIDA COUNTY OF OKEECHOBEE ��.�,, The foregoing instrument was acknowledged before me this A day of� �,20 by Roger Azcona and Christina Cud by means of 0 physical presence or 0 online notarization,who produced as identification or is personally known to me and who did take an oath. 1` Signature of Notary: Lot Exhibit 3 Code Enforcement Accrual of Fine 2021 Case No: 210323005 Name: Omar Nafal Zaben (La Placita Super Market) Address: 1002 Northwest Park Street Okeechobee, FL. 34972 Special Magistrate Ruling: Case presented to the Special Magistrate on May 11, 2021. Found in Violation of Chapter 30 Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. A fine of$100.00 per day, plus a one time $50.00 administrative fee imposed. Fine accrual began on June 1, 2021. Number ee Number Week 2 Number Week 3 Number Week 4 INumber �Week5 Number Week Fine Amount of days Total of Days Total of Days Total of Days Total of Days Total of days Total $100.00 January $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 February $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 March $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 April $0.00 1 $0.00 $0.00 $0.00 $0.00 $0.00 May $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 June 5 $500.00 7 $700.00 7 $700.00 7 $700.00 4 $400.00 0 $0.00 July 3 $300.00 7 $700.00 7 $700.00 7 $700.00 7 $700.00 0 $0.00 August 7 $700.00 7 $700.00 7 $700.00 7 $700.00 3 $300.00 0 $0.00 September 4 $400.00 4 $400.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 December 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Administrative Fee $50.00 Total $10,050.00 Date of Compliance pep+emhar Q 7021 Exhibit 3 Postal DomesticCERTIFIED MAILO' RECEIPT CO a m a _ rl Certified Mail Fee if 0O r $ ( w A a rvices£ ( hox, fee as epp up+ale) ❑Retum Recdpt Owdcop) S ❑RatumRecegt ) S Postmark M ❑CerthW Mad Restricted Dedvery S Here EM O ❑Adult Signaha Replied S ❑Adua Sows"wed DWtmy S (� O Postage NTotal Poeft"and Faaa Q' S To rR --- 3''` ---------------------- CERTIFIED MAIL NEOPOST Okeechobee Police Departm 06/08/2021 • . • $006.96° 50 S.E. 2nd Avenue•Okeechobee,Florida 34974 ZIP 34974 7019 2970 0000 1811 3908 041M11455829 NIXIE =3i CV 1 0007�10 21 ! PETJRN TO "SENDER _ ivy r..= AS nu vrai�:r UNABLE TO FORWARD t i 3C: 33409192303 * i1_ 2- � 06- pia2 09- 4e 1 f 11: 93260107292816 �:��' �'§:�sz�.=::� 'lil;ji''t�"Jiil�llitli'�}I'�'!�i{i11�1i�f')`►'I'�jr�t�}i�i,Fj��( m x Q w. Exhibit 3 •: p�.+' 4 .cif 4 s 'mwE� ., UY �.. h '4 "•dJf d Pei «rJSww � 1 J ���r;n�s,�,al} � { �r�'r�'r ` k-'= ��c.-`; � -,� `d^ �, :�? .rr�,ec .,wa•.rF ,. q 0 �1 i Exhibit 3 City of Okeechobee Code Enforcement 50 SE 2"d Street Okeechobee, Florida 34974 (863)763-9795 September 2, 2021 Name: Zaben Omar Nafal (La Placita Super Market) Address: 965 SE 231d St Address: Okeechobee, FL. 34974 Re: 1002 NW Park St. Case # 210323005 Dear Property Owner: This letter is about the Code Enforcement Lien/Order dated May 11, 2021 notifying you that a $100.00 per day fine was imposed beginning on June 1, 2021 against the property listed above for failure to comply with City Ordinances. As of September 1, 2021, the fine had accrued over ninety (90)days. According to Florida Statutes Chapter 162 the City has the ability to file a foreclosure action against the property to collect the fine. Please contact the code enforcement office immediately. Failure to contact our office to make arrangements to pay the fine could result in foreclosure action being filed against the property. The total amount due as of September 1, 2021 is $9,350.00 including the $50.00 administrative fee. Please contact our office immediately at 863-763-9795 to make arrangements to pay this fine. Sin 're ------ dnhony Smith Code Enforcement Officer (863) 763-9795 Enclosure — Recorded Lien/Order Exhibit 3 Postal CERTIFIED MAIL@ RECEIPT r' Domestic Mail Only N M For delivery information,visit our website at www.usps.com f`- Certified Mail Fee n / V 0-4✓ Lrl Ntra Services&Fees(checkbo,add feo as appropriate) Retum Receipt(hardcopY) $ Q ❑Return Racelpt(electronic) $ Stmar O ❑Certified Mail Restricted Delivery $ /� C ❑Aduk Signaluro Required $ ❑Adult Sigmture Restricted Delivery$ p Postaye Lf] $ O Total Postage and Fees 3 r-1 Sent o N u^fr d `R., - t � Exhibit 3 ; SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete Items 1,2,and 3. A. Signature AQent ■ Print your name and address on the reverse x ❑❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) Date f Delivery or on the front if space permits. P� N a�.t P10-7124 address different from item 1? 0 Yes delivery address below: ❑No Zaben Omar Nafal 965 SE 23rd St OK echobee, FL. 34974 II I'II�'t I IIIIICII II III I I I I IIII I II'ill I III '��o'yY.. ❑Priority Mail iallt-ss� ❑Adult Signature ❑Registered Iv1ai1T'" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 5765 0003 5912 49 U Certified Mall Restricted Delivery ❑Return Recaipt for ❑Collect on Delivery erchandise 2. Article Number(Transfer from service label ❑Collect on Delivery Restricted Delivery Signature Confirmation— ••viail 0 Signature Confirmation 7021 0350 0001 5117 7327 toil Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 3 .. M'�9�" �� * •'�may%,: Ar t .. Y S ..... � ,� .....,...-°R.., '""^+ern-sr-r+�+vr"�="�R',e1'•,�, �i •.-_v-�.+� ....._... ���' _. 1 ..:.'.dyer..^µ.. Og00sJ°I/ = M t Old "4FO— .. -- k 0 1, - y! . t Exhibit 3 Okeechobee City,Florida Code Compliance Department IN RE:The Matter of Complaint# '100 3' CC,1' 2AbeA tiQFe- Respondent(s) Request for Reduction of Accrued Fine I, CLVICt S M CLJ hereby request a reduction of a fine imposed in the above referenced case and in support thereof would state the following information: My name and current mailing address are: Kdkel 1Sm c,:&Q Q(05 S6, kcko_e �'1 � `l Q-y 2. Physical address of the property which was the subject of the violation: L00a NLt1 pcit k 5t- ©kee Jgoff f 3 `lR 7�- 3. A Fine in the amount of$ ii,'oy per day was imposed on the following date: (- I( � 1 4. Tt}p ri�I io�nns;were corrected,and I was advised that the property came into compliance on the following date: 5. lam requesting that the accrued fine be reduced from$ S To: •5o t7 6. The accrued fine amount should be reduced because: '_TLney'e LUCe1 A M'tit i_Cvo4e_t'.S CtS '('bc�'tca..r We's E PL&ect b 6e colvrecl-edr Qi,•.e{ Ct'" 'tvxcabj; Q M J-0 Ce lk-"t,t sorr+PorW_ at-ii-t C nc9- We- we-e Ciwct-e Ci s 'u kXX'PL.t e�44-1%I w6s (•0 lo-e- (101--c r ?�•` A-OlLc ca-c tf i ! 7. 1 Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magistrate to Present and Defend This Request for A Reduction in The Fine.If I cannot personally appear,I hereby designate the / following person to app in my place: cf� Signature of Respondent Signature of Respondent`I Date: 9/ Date: The forgoing instrument was sworn to(or affirmed)and subscribed before me,by means of=physical presence or online notarization this`�day of 5L -k,i+h((20 G11 By.. )1C,, D i ' .SSi11rAncl who produced ^U k_;' up- 1` as identification. Signature of Notary Public—State of Florida 4a.... KATHERINE LYNN POWELL PrintlT a/Starr ed Name of Notary (i4; �� Notary Public•State of Florida YP p ry _ '` COmmiSSion s GG 348701 a1 My Comm.Expires Jun 25,2023 My commission expires: Sl :"� [ 9ondeC through National Notary Assn. Exhibit 3 Z..iOk�eect>iobee Okeechobee Police Code Enforcement f" 50 SE 2nd Ave Okeechobee Florida 34974 V CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 09/16/2021 Respondent, Omar Nafal Zaben (La Placita Super Market) CASE NO. 210323005 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee, I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30, Sections 30-43 & 30-44 2. Address and Parcel#where violation exists:1000 BLK NW Park St 3-16-37-35-0160-00280-0190 (34557) 3. Name and address of property owner or person in charge of location where violation exists: Omar Nafal Zaben, 965 SE 23rd St, Okeechobee, FL. 34974 4. Description of Violatio "Notice of Hearing; Request for Fine Reduction of Accrued Fine 5. Date violation must be corrected by: V 10\(5.A-1 bV'N exm 6. Date violation first observed on or about3/23/21 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 12th day October.2021 at 6:00 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 at any evid ce presented to the Magistrate for his consideration will be retained by Code Compliance Departmen If y ail to appear at the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence. Anthony Smith Code Enforcement OWcer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 3 U.S. Postal Service"' CERTIFIED MAILD RECEIPT -0 : Domestic Mail Only ru rl- _ Certified Mail Fee ►�t � a t-r-1 Extra Services&Fees(crteckbox,add rea as appropriate) ❑Retum Receipt(hardcopY)S—r-9 ❑Ratum Receipt(electric) L I / �8�sttnark O ❑C,ertified Mail Restricted Delivery L Y Hare E-3 ❑Adult Signature Required L 1:3 ❑Adult signature Restricted Delivery L p Postage C a dv> M Total Postage and Fees O $ So o p No - i Exhibit 3 SENDER. . . ■ Complete items 1,2,and 3. A. Signature ,^'j C(r( 17 Agent ■ Print your name and address on the reverse X so that we can return the card to you. a C]Addressee ■ Attach this card to the back of the maliplece, B. Received by(Printed Name) C(.�D of D livery or on the front if space permits. (. �- 1. Article Addressed to: �gliv�addri ss deferent from item 1? 13 Y s it delivery address below: 13 No Zaben Omar Nafal 965 SE 23rd St Okeechobee, Fl_. 34974 ❑Priority hAaii Express® I I ❑Adult Signature O Reglstened Mail*"+ �u��Signature Restricted Delivery 0 Reel vste sd Mail Restricted 9590 9402 6547 1028 3228 66 cenleea Mail Restricted Delivery l�Signature CenfinnationTM ❑Collect on Delivery !f_f Signatwe Confirmation 2. .Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ^Hall 7021 0350 0001 5117 7426 oa)1ll Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic iRetui Receipt Exhibit 3 0Iceechobe? : Okeechobee Police Code Enforcementq 50 SE 2nd Ave Okeechobee Florida 34974 F` CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 09/20/2021 Respondent, CASE NO. 210323005 Omar Nafal Zaben (La Placita Super Market) STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee, I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. l. Violation of City Code Chapter/Section: Chapter 30, Sections 30-43 & 30-44 2. Address and Parcel#where violation exists:1000 BLK NW Park St 3-16-37-35-0160-00280-0190 (34557) 3. Name and address of property owner or person in charge of location where violation exists: Omar Nafal Zaben, 965 SE 23rd St, Okeechobee, FL. 34974 4. Description of Violatio "Notice of Hearing; Request for Fine Reduction of Accrued Fine 5. Date violation must be corrected by: 6. Date violation first observed on or about3/23/21 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 November.2021 at 6:00 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 advise j that any-evidence-presented to the Magistrate for his consideration will be retained by Code Compliance Departme f.If y 6 o a ar at the he�in the Magistrate may enter an Order of Violation,&impose a fine in your absence. Anthony Smith Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una Orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 3 U.S. Postal Service" CERTIFIED MAILqRECEIPT m Doniestic Mail Only m r- Li a Certified Mail Fee �� n ^ r-9 $ / LV Ltl Extra Services&Fees(check bar,add/ee es ePArqpnere) ❑PAU"Receipt ftrAwpy S r-q ❑Retum Receipt(alectmnlc) S Postmark ❑C tW*d Mad Resficted Delivery S E:3 ❑Adult Signature Required $ Adult Slpnatura Restrkted OSIWery$ / •. � Postage m 6-d Postage and Feas $ sell o o - c3.� h - --- ---- r` ?�i -- - ---------------- ------------------ ----------------- re,ziP+ai----------- t Exhibit 3 SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS . ■ Complete Items 1,2,and 3. A. Signature C(@. ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. X 2- i ❑Addressee ■ Attach this card to the back of the mailplece, �B• Received by(Panteed�Name) GQG to of livery or on the front if space permits. �utj1 -1��� i °+1r1�°'•' ^^^ address different from item 1? ❑Y Zaben Omar Nafai ar delivery address below: Q No 965 SErd St Okeechobee, FL. 34974 I)"1'I'I�'II 'I I II II (�II I I(I II�II I II I I I III 3. Service Type ❑PriorityMatt Express® O Adult Signature ❑RegWgistered Mail'" ult Signature Restricted Delivery ❑Registered Mail Restricte 9590 9402 6547 1028 3228 73 ry Certified Mail Restricted Delivery ),p lsna u s Confirmation" 0 Collect on Delivery ❑Signature Confirmation 2. Article Number Mansfer from service labeo ❑Collect on Delivery Restricted Delivery Restricted Delivery .all 7021 0350 0001 5117 7433 "1 Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic:Return Receipt r Exhibit 4 Code Enforcement Hearing November 9, 2021 Case Name& Number: Fosler LLC/Omar Abuaita, Case# 190927004 Code Section Violated Descri tion of Violation Chapter 30,Section 30-43 Public nuisance Damaged fence around the retention pond on the property —� Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on September 26, 2019 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Date received Received by January 29,2020 SOV/NOH mailed certified return receipt for the February 11, 2020 Hearing February 5,2020 Signature May 4,2020 Property inspected,still non-compliant not legible May 5,2020 SOV/NOH mailed certified return receipt for the June 9,2020 Hearing May 14,2020 COVID-19 June 9,2020 Case presented to the Special Magistrate,found in violation of Chapter 30, Section 30-43 Public nuisances. Imposed a fine of$50.00 per day, 15 days after proper notification, plus a one-time administrative fee of$50.00 June 18,2020 Lien/Order recorded at the County Clerk of Court.Mailed via USPS certified June 27,2020 COVID-19 return receipt on June 22,2020. September 29,2020 Posted property with Lien/Order.Fine to start accrual on October 12,2020. October 22,2020 Property purchased by Fosler LLC,CO Randy Simler June 25, 2021 Property Inspected,still non-compliant July 6, 2021 90 Day Letter mailed via USPS certified return receipt July 16,2021 Unsigned July 21,2021 Met with the property owner(Randy Smiler)at the property.Advised him of the violation.He stated that he would get it fixed as soon as possible. July 22, 2021 Received phone call from Randy advising that the fence has been repaired and he will be doing paperwork with the title company reference to payment of the fines.Inspected property; in compliance, photos in file. September 14,2021 Case presented to the Special Magistrate,case closed but noted for the record to have been in violation of Chapter 30,Section 30-43 Public nuisance and that there is an existing lien in the amount of$14,000.00. September 28,2021 Received correspondent from Ryan Law Group,PLLS asking if there was anything else Mr.Simler need to do involving this case.I Code Enforcement Officer A.Smith advised them via email that the matter of the fine needed to be taken care of and explained the option of a fine reduction. September 29,2021 Received correspondence from Mike Ryan(e-mail).The fine reduction form had been completed.I(A.Smith)Advised him that a notice would be sent to his client(Mr.Simler)with the date,time and place of the hearing to consider the reduction. Page 1 of 2 Exhibit 4 September 29,2021 SOV/NOH mailed via USPS certified return receipt for the November 9ch October 6,2021 COVID Hearing for the fine reduction to be considered October 1,2021 Assist Code Officer Curl received a call from Steve Dobbs inquiring on the code violation against the property, he asked if he could get a copy of the file, I advised him he would need to do a records request through City Hall. I stated that the violation had been corrected, however an outstanding lien against the property was still owed. He asked if it was on the previous property owner or the current. I advised that lien was recorded under the previous owner Omar Abuaita,the property had a lien against it when it was purchased by Fosler LLC,and Mr.Abuaita was properly notified of the lien/order by certified mail and the property was also posted. City Recommendation: The City recommends a fine reduction of 75% plus a$50.00 administrative fee, reducing the fine from $13,950.00 to$3,487.50 plus the$50.00 administrative fee, totaling $3,537.50. Chronology attached. Page 2 of 2 mb Case #190927004, Fosler LLC/Omar Abuaita Date Event/Document September 26, 2019 Property Owner: Fosler LLC C/O Randy Simler(Previous owner: Omar Abuaita) Mailing Address-310 Lake Shore Dr Apt 3, Lake Park, FL. 33403-3563 Site Address- 300 Blk NW 9th St. Violation of Chapter 30 Section 30-43 Public nuisances, fence around the retention pond is damaged and is a safety hazard. Courtesy card mail via regular mail. January 29, 2020 SOV/NOH mailed certified return receipt for the February 11, 2020 Hearing. Received on February 5, 2020, signature not legible. May 4, 2020 Property inspected, not in compliance. Photo in file. May 5, 2020 SOV/NOH mailed certified return receipt for the June 9, 2020 Hearing. Received May 14, 2020, signed COVID-19. June 9, 2020 Case presented to the Special Magistrate, found in violation of Chapter 30, Section 30-43 Public nuisances. Imposed a fine of $50.00 per day, 15 days after proper notification, plus a one-time administrative fee of$50.00 June 18, 2020 Lien/Order recorded at the County Clerk of Court. Mailed certified return receipt on June 22, 2020. Received on June 27, 2020, signed COVID- 19. September 29, 2020 Posted property with Lien/Order. Fine to start accrual on October 12, 2020. October 22, 2020 Property purchased by Fosler LLC, C/O Randy Simler. June 25, 2021 Property inspected, not in compliance, photos in file. July 6, 2021 90 Day Letter mailed via USPS certified return receipt. Received on July 16, 2021, unsigned. July 21, 2021 Met with the property owner (Randy Smiler) at the property. Advised him of the violation. He stated that he would get it fixed as soon as possible. July 22, 2021 Received phone call from Randy advising that the fence has been repaired and he will be doing paperwork with the title company reference to payment of the fines. Inspected property; in compliance, photos in file. Page 1 of 2 Exhibit 4 Case #190927004, Fosler LLC/Omar Abuaita Date Event/Document September 14, 2021 Case presented to the Special Magistrate, case closed but noted for the record to have been in violation of Chapter 30, Section 30-43 Public nuisance and that there is an existing lien in the amount of$14,000.00. September 28, 2021 Received correspondent from Ryan Law Group, PLLS asking if there was anything else Mr. Simler need to do involving this case. I Code Enforcement Officer A. Smith advised them via email that the matter of the fine needed to be taken care of and explained the option of a fine reduction. September 29, 2021 Received correspondence from Mike Ryan (e-mail). The fine reduction form had been completed. I (A. Smith) Advised him that a notice would be sent to his client (Mr. Simler) with the date, time and place of the hearing to consider the reduction. September 29, 2021 SOV/NOH mailed via USPS certified return receipt for the November 911 Hearing for the fine reduction to be considered. Received on October 6, 2021, signed by COVID. October 1, 2021 Assist Code Officer Curl received a call from Steve Dobbs inquiring on the code violation against the property, he asked if he could get a copy of the file, I advised him he would need to do a records request through City Hall. I stated that the violation had been corrected, however an outstanding lien against the property was still owed. He asked if it was on the previous property owner or the current. I advised that lien was recorded under the previous owner Omar Abuaita, the property had a lien against it when it was purchased by Fosler LLC, and Mr. Abuaita was properly notified of the lien/order by certified mail and the property was also posted. Page 2 of 2 Exhibit 4 - •�CrCy�� Obee Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Respondent, Date 01/08/2020 Omar Abuaita CASE NO. 190927004 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Sec 30-43 2. Address and Parcel#where violation exists: 300 BLK NW 9th Street 3-15-37-35-0010-00390-0170 3. Name and address of property owner or person in charge of location where violation exists: Omar Abuaita: 2800 N Ocean Dr. Unit A23D, Riviera Beach, FI. 334043232 4. Description of Violation: Ch 30 Sec 30-43 Public Nuisance Fence Must be Reapaired 5. Date violation must be corrected byPeb 7, 2020 6. Date violation first observed on or about9/27/19 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 11 th day r-eoruary 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 Department.If you fail to appear at the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence.- Fred Sterling Code E orcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tat apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. x W COMPLETE THIS SECTION ON DELIVERY SENDER:COMPLETE THIS SECTION ■ Complete items 1,2,and 3, 7A.. iuree ® Print your name and address on the reverse n q� El Agent _ so that we can return the card to you. a _ ❑Addressee � 1-�• B. elved b rioted Name) C. Date of Delivery e Attach this card to the back of the maflpiece, . �r C; ', or on the front if space permits. v ' address different from item 1? ❑Yes ar delivery address below: ❑ No r Auaita a �� = 2800 N Ocean Drive unit A23D ' $ _-Riviera Beach, FI 334043232 •.. �wwwww 'd ;- o• , •„ $ II ��ttlI IIp�(�IIpp �talI�� r1 iIt���� p I 3. Service Type ❑Priority Mail Express ay El Adult Signature ❑Registered Mail- t5 ❑Adult Signal ",stricted Delivery O Registered Mail Restricted • LL �i c¢ r r ❑Certified k•- Delivery Lit 9590 9402 5044 9092 4551 22 ❑Certified Mt � � ❑Return Receipt for • a°„ r§ � o = o �f ❑Collector Merchandise • m u m 1 O Collect c "' ❑Signature Confirmation nature rM 2. Article Number(Transfer from service label) ,._ g if Restricted Delivery Restricted Delivery ,, 701,8 0680 0002 31,64 01,1,0 ,oivta • Oa° us. �h rn .- PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt OTTO +19TE 2000 0990 UTM -- ;<. ��x ,, ! T, - ;;� �t�' `► Exhibit 4 ���" fit.llJP � '� �4�� rE , •` �,� � � _ yy1 Exhibit 4 -�iOlieed�obee < Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 05/05/2020 Respondent, Omar Abuaita CASE NO. 190927004 STATENIENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Section 30-43 2. Address and Parcel#where violation exists: 300 BLK NW 9th Street 3-15-37-35-0010-00390-0170 3. Name and address of property owner or person in charge of location where violation exists: Omar Abuaita - 2800 N Ocean Drive Unit A23D, Riviera beach, FI 334043232 4. Description of violation:Public Nuisance / Fence Must Be Repaired 5. Date violation must be corrected byMay 15, 2020 6. Date violation first observed on or about9/27/19 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 rune /-u/-u 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 Department.If you fail to appear at the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence.G Sterliing Code Enfor ment Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing 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 acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de]a orden que se apelara. X W p� USENDER: CCIMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY (— A. Signature € m 8 Complete items 1,2,and 3. 53 Print your name and address on the reverse X ❑Agent �) so that we can return the card to you. El Addressee a I� s B. Rece y(Prin ed Name) C. Date of Delivery to Attach this card to the back of the maiipiece, or on the front if space permits. a ddress different from item 1 PK Yes r delivery address below: ❑No Omar Abuaita /1//' - 2800_N 0`cean Drive Unit A23D •ro ? --Rini-era Beach, FL 334043232 s 8 A N 3. Service Type g Delivery ❑ agl ty Mail Express© R h � g u. ❑Adult Signature O egistered Mail'"' s k d + ❑Adult Signature Restricted Delive ❑Registered Mail Restricted • �'?t._ }4t @ _ O Certified Mail@ Delivery 9590 9402 50 12 9063 8060 '15 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise • B 3 g O Collect on Delivery Restricted Delivery O Signature Confirmation- a� a 2. Article Number(Transfer from service label) ' '5❑a❑❑❑ e m Mail O Signature Confirmation • t+ a w F� b m U 7019 112 0 0 0 0 0 8112 3 2 2 6 7 W V Mail Restricted Delivery Restricted Delivery L 92 2 E 2 rC Q 0000 0 2 T T 6 Z 0 iL PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 4 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE,FLORIDA CASE NO. 190927004 CITY OF OKEECHOBEE, PETITIONER, -vs- RESPONDENT, Omar Abuaita / LIEN/ORDER M o O u .. I THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public m z O °a n hearing on June 9,2020.After due notice to the respondent,the Special Magistrate having o z� w o heard evidence on the alleged violation by witnesses or affidavit makes the following CO a Q?0 findings: Q A.FINDINGS OF FACT: N Lots: 17,18,19,20,21,22,23,24,25 and 26 Blk:39 Section:City of Okeechobee 3 Plat Book:5 Page:5,Public Records of Okeechobee County,Florida Parcel:3-15-3 7-35-0010-00390-0170 Property location:300 Block Northwest 9ch Street Property owner:Omar Abuaita B.CONCLUSIONS OF LAW: The owner of the property described above has been found inviolation of:Chapter 30 Section 30-43 Public Nuisance,The Fence Around the Retention Pond is Damaged,and is a Safety Hazard. C.ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated the Code of Ordinances Ch 30 Sec 30-43 concerning your property located at 300 Block Northwest 9`'Street. If you do not correct the violation Within 15 Days After Proper Notification or notify the Code Enforcement Officer of the correction,the Magistrate imposes a fine of$50.00 per day, Also a onetime fee of$50.00 for administrative fees, commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs.Further,if you do not correct the violation by said date,a copy of this order as a claim of lien,shall be recorded in the office of the Clerk of Circuit Court,Okeechobee County,Florida,and once recorded,becomes a lien on real and personal property pursuant to Florida Statute 162.You have a right within thirty days,to appeal this finding and order by Writ of 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. Exhibit 4 AGREED AND ORDERED this 9"day of June 2020. CITY OF OKEECHOBEE,Petitioner Omar Abuaita Respondent CODE ENFORCEMENT City of Okeechob a lorida Spe ial Magistrate Zd �. od Enforpetnent Offic ATTEST: nut, Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE / The following instrument was acknowledged before me by means of V Physical presence or online notarization,this day of—U-)2, PERSONALLY,appeared before me the undersigned authority,Roger Azcona, Fred Sterling and Melissa Close ,well known to me and known by me to be the Code Enforcement Special Magistrate,Code Enforcement Officer and Recording Secretary,respectively,of the CITY OF OKEECHOBEE CODE ENFORCEMENT. SWORN TO AND SUBSCRIBED before me this )Aay of 20 Notary� �i1 � S PublicState alFlorida CCL (✓ ,. e NancyueChristopher 1Cammbsion GG 069799 OTA PUBLIC %."1 E,vi�aann�2o2. i My Commission expires: Please return to:City of Okeechobee Code Enforcement 50 SE 2nd Avenue Okeechobee,FL 34974 (863)763-9795 Exhibit 4 Ujj�. Postal Service" Er e MAILO RECEIPTQ- Domestic ru m7-- ;- tr>., � Certifiedil Fee �i Prl Gre1e r a eS&FoaS(cheek bw,add fee as appropriate) celpl Qrardcropy) $ 'C!1 i_i r. WLJ r3 ❑Retum Recalpt(eleotronle) $ __ `lJ_Pplst�—mCerl< � ❑Certified Mnil Rasirleted Delivery S Hare � ❑Adult Signature Requimd $ ❑Adult Signature Restricted Delivery$ O r� Postage N $ fu Total Postago and Fees t.0 Iggi<i'„ !rt n! ( '4 1 1('('�Y'H f.911 (:,rhii[,.Ieli zt-Jcc— a", 1 ® Complete items 1,2,and 3. A:Signatu ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D e of Delivery or on the front if space permits. -, 'dress different from item I ' != VS=Sv!3 —} I3 j•' t.T a ;E.c `:7 d f�mnr arirlrPss below: ❑ No 1�ye Ar7:7i?ce. G-CE AN APT tG T ''Sfi{i��t�t��E4;;t�lit# ►t , � ,:f •-024;s -z;->4z , I {II'lll�l i{ {1,if�'�' �'��1�'•tljlj�ill't s i -lority Mail Express® I[ow I 11111 11111111111■u sgistered MWITM 2stered Mail Restricted O Certified Mall® D very 9590 9402 5012 9063 8061 21 ❑Certified Mail Restricted Delivery ❑Retum Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 11 Signature ConfirmationTM n Ina,..-4 Mail ❑Signature Confirmation 7 016 2710 0000 1723 9299 MaII Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 4 1 �M .F' '4.� d o•:`fr _,:� -l1.7 EJ,}f�s ::+(� 3. - .'.^+ - �' 1 1 y 1y5 11" , ZOO 1 CODE Ftaf ORCF IEWSRFI Lt+lAGVIf fE - l f CTII.OI'OAFF.('AfIRFr-MOAIM c.ar uu.t�nTrcf � CTTY Or OAFFC.ORI:C t•ETfTlO4ltt. 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' j �111c,�i✓/ Exhibit 4 of +r Official Records File#2020010828 Page(s):2 Sharon Robertson,Clerk of the Circuit Court&Comptroller Okeechobee,FL Recorded 11/4/2020 2:50 PM Fees:RECORDING S18.50 D DOCTAX PD S0.70 Prepared by and return to: Michael J.Ryan,Esquire Ryan Law Group,PLLC 636 U.S.Highway 1,Ste.110 North Palm Beach,FL 33409 (Space Above This Line For Recording Data) Quit Claim Deed This Quit Claim Deed made this p��¢ay of 0d.6 9k V- ,2020 between OMAR ABUAITA, a single man, whose address is 2800 N. Ocean Drive, Unit A23D, Riviera Beach, Florida 33404, grantor, and FOSLER, LLC, a Florida limited liability company, whose post office address is 728 Sandpiper Way,North Palm Beach,FL 33408,and,grantee: (Whenever used herein the terns"grantor'and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,does hereby remise, release,and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantors have in and to the following described land,situate, lying and being in Okeechobee County,Florida,to- wit: Lots 17, 18, 19,20, 21, 22, 23,24,25 and 26, Block 39, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida Parcel Identification Number: 3-15-37-35-0010-00390-0170 and Lots 1,2,3,4,5, 6,7,8, 9 and 10, Block 39, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County,Florida Parcel Identification Number:3-15-37-35-0010-00390-0010 And: PARCEL A: THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. And: PARCEL B: AN UNIMPROVED PORTION OF AN ALLEY, 20-FEET IN WIDTH, LYING BETWEEN LOTS 1 THROUGH 10 AND LOTS 17 THROUGH 26, OF BLOCK 39, CITY OF OKEECHOBEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE Exhibit 4 00929Q20M us:gg IN 17, �r4�ah� i'f •> k AN ML `'•F �,' Irk � � `.��' '�tF��a����1.�i����► ° �'�`rSlfj�� �4 C9�! r h a'i� 40 � ����• 1 ' 7 l 't Exhibit 4 o �O�gU�0�9 Oog���l t. f. a yy 4' �Yygl�/.. [3/���dy�D��1���(�� }• " 1r,,i�(�y L`� `--"t`-'� • City of Okeechobee Code Enforcement 50 SE 2,d Street Okeechobee, Florida 34974 (863)763-9795 July 6, 2021 Name: Fosler LLC C/O Randy Simler Address: 310 Lake Shore Dr Apt 3 Address: Lake Park, FL. 33403-3563 Re: NW 9tn St, Okeechobee Case#190927004 Dear Property Owner: This letter is about the Code Enforcement Lien/Order dated June 9, 2020, notifying you that a $50.00 per day fine was imposed beginning on October 12, 2020, against the property listed above for failure to comply with City Ordinances. As of January 9, 2021, the fine had accrued over ninety (90) days. According to Florida Statutes Chapter 162 the City has the ability to file a foreclosure action against the property to collect the fine. Please contact the code enforcement office immediately. Failure to contact our office to make arrangements to pay the fine could result in foreclosure action being filed against the property. The total amount due as of July 6, 2021, is $13,450.00 including the $50.00 administrative fee. Please contact our office immediately at 863-763-9795 to make arrangements to pay this fine. Sincerely, Anthony Smith Code Enforcement Officer (863) 763-9795 Enclosure — Recorded Lien/Order Exhibit 4 Postal CERTIFIED MAILPRECEIPT Domestic rij Lrl Ir certlfied mag Fee Ln $ u1 Extra Services S eea(ctxactreox,add ae eParoDdete) 0 ❑Return ReceiptP—*'(—C) S I O ❑Return RacelDt(elechonic) S v P ❑Certified Mail Raetrkhd D*wry i C3 [I Adult SiWlebxe Rap*od y Here ❑A-It Sig-- DeWaryS pLn Postage S `-4 ru dial Postage attd aee $ O o ru or FS ffox No "-"" Exhibit 4 COMPLETESENDER:COMPLETE THIS SECTION 11111111 ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse x ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. address different from Item 1? ❑Yes Fosler LLC CIO Randy Sim ler r delivery address below: El No 310 Lake Shore Dr. Apt 3 Lake Park, FL. 33403-3553 �— 0. 0 11Vo type 0 Priority Mail Express® 111111 Jill 11111111111111111 13'Adult Signature o Registered Mail— ,ult Signature Restricted Delivery 0 Re Certified Mailt9 slstered Mall Restricted 9590 9402 6547 1028 3235 11 Certified Mali Restricted Delivery Signature ConfirrnationiAl ❑Collect on Delivery Signature Confirmation 2. Article Number?lansfe'from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ai 7020 2450 0000 5698 5205 OalI Restricted Delivery Ps Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 4 it "* IN `+ + r - r i p D 02 56 Exhibit 4 CITY OF OKEECHOBEE CODE ENFORCEMENT SEPTEMBER 14, 2021, SPECIAL MAGISTRATE HEARING OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, September 14, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3'd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. IL ATTENDANCE Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, Police Lieutenant Justin Bernst and Code Enforcement Officer Anthony Smith were present. III. CHANGES TO AGENDA Special Magistrate Azcona asked whether there were any agenda items to be added, deferred, or withdrawn;there were none. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona approved the August 10, 2021, Hearing minutes. B. This being a Quasi-Judicial proceeding, Assistant Code Officer Curl collectively administered.an Oath to: Code Officer Smith; he affirmed. Code Officer Smith stated for the record all events regarding the Cases to be discussed 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. COMPLIED CASES A. Case No. 190412010; South Florida Barbeque, 102 Southwest(SW) 14th Street [Legal Description: Lots 4, 5, 6, 10, 11, 12 and a 15-foot-wide Alley of Block 22, SOUTH OKEECHOBEE, Plat Books 1 and 5, Pages 12 and 7, more particularly described as that Alley running North and South between Lots 4,5,and 6 and Lots 10,11,and 12,Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30- 43 Public nuisance, 30-44 General cleaning and beautification, and International Property Maintenance Code (IPMC) Chapter 3, Section 304.2 Protective treatment. Code Officer Smith reported that the property came into compliance July 19, 2021. No action on this matter was requested but was noted for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30- 43 Public nuisance, 30-44 General cleaning and beautification, and IPMC Chapter 3, Section 304.2 Protective treatment. B. Case No. 190927004; Fosler LLC, 300 Block of Northwest(NW)9th Street[Legal Description:Lots 17 through 26 Inclusive,an unimproved portion of an Alley,20-feet in width, lying between Lots 1 through 10 and Lots 17 through 26, of Block 39, CITY OF OKEECHOBEE, Plat Book 5, Page 5 of Block 39, together with an unimproved portion of NW 10th Street(f/k/a Sixteenth Avenue), 100-feet in width lying between Lots 1 through 10, of Block 39, and Lots 17 through 26, of Block 28, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisance. Code Officer Smith reported that the property came into compliance July 22, 2021. No action on this matter was requested but was noted for the record to have been in violation of Code of Ordinances Chapter 30, Section 30-43 Public nuisance and that there is an existing lien in the amount of$14,000.00. C. Case No. 210125011; Sheila and Frederick Bradley, 204 SW 11th Avenue[Legal Description; Lots 1, 2, and East 25-feet of Lot 3 of Block 6 SOUTHWEST ADDITION, Plat Book 2,Page 7,Okeechobee County public records].Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisance and 30-44 General cleaning and beautification. Code Officer Smith reported that the property came into compliance August 31, 2021. No action on this matter was requested but was noted for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisance, 30-44 General cleaning and beautification. September 14,2021,Special Magistrate Hearing,Page 1 of 2 Exhibit 4 I V. COMPLIED CASES CONTINUED D. Case No.210709007;The Church of God of Prophecy, 102 NW loth Street[Legal Description: Lots 19, 20, 21, 22, 23, 24, 25 and 26 of Block 30, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. Violation of Code of Ordinances Chapter 54, Section 54-41 Blocking or Obstructing. Code Officer Smith reported that the property came into compliance August 5, 2021. No action on this matter was requested but was noted for the record to have been in violation of Code of Ordinances Chapter 54, Section 54- 41 Blocking or Obstructing. E. Case No. 210716006; Village Capital and Investment, 909 SW 31d Street[Legal Description: Beginning at the Southeast(SE)corner of Lot 2, of Block 202, CITY OF OKEECHOBEE, according to the plat thereof recorded in the Okeechobee County public records, for a point of beginning; thence proceed in a Northerly direction along the East boundary of said Block 202 and along an imaginary extension of the said East boundary a distance of 170-feet to a point; thence proceed at right angles in an Easterly direction a distance of 150-feet;thence at right angles, proceed in a Southernly direction a distance of 170-feet to a point; thence proceed in a Westerly direction of 150-feet to the point of beginning, less the North 20-feet of the property described reserved for the street purposes,said property being in the NW quarter of Section 21, Township 37 South, Range 35 East]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance, 30-44 General cleaning and beautification. Code Officer Smith reported that the property came into compliance September 1, 2021. No action on this matter was requested but was noted for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance, 30- 44 General cleaning and beautification. VI. NEW CASES A. Case No. 210730005; Eduardo and Jackeline Sandoval, 206 SE 1111 Avenue [Legal Description: Lots 8, 9 and East one-half of adjacent Alley, BROWNING'S ADDITION TO EAST OKEECHOBEE, Plat Books 1 and 5, Pages 18 and 9, Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance and 30-44 General cleaning and beautification. Code Officer Smith reported that the property came into compliance September 10,2021.No action on this matter was requested but was noted for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisance, 30-44 General cleaning and beautification. VII. ADJOURN MEETING There being no further business to come before the Special Mag,igt/ tWe Hearing was adjourned at 6:24 P.M. / , ATTEST: Roger'Azcona, Speciai-MagMtmte 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, he/she may need to ensure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based.City Clerk media are for the sole purpose of backup for official records of the Clerk. September 14,2021,Special Magistrate Hearing,Page 2 of 2 Exhibit 4 RYAN LAW GRoup, PLLC - ..--�- JAMES D.RYAN,ESQ. BOARD CERTIFIED IN BUSINESS LITIGATION JDR@a RYANLAWGROUP.NET MICHAEL J.RYAN,ESQ. MOBILE: 561.889.1001 MIKERYAN32645@YAIIOO.COM LAUREN J.SCHINDLER,ESQ SUSAN PFEIFFER,SENIOR PARALEGAL LAUREN@a RYANLAWGROUP.NET SUE(@RYAN LA W GROU P.NET CULLEN D'AMBROSIO,ESQ. CULLEN@RYANLAW GROUP.NET September 23, 2021 Mr.Anthony Smith City of Okeechobee Code Enforcement 50 SE 2"a Street Okeechobee, FL 34974 asmith@cityofokeechobee.com RE: NW 91h Street, Okeechobee ("Property") Case# 1909 27004 Dear Mr. Smith, Please advise if this matter needs further action by my client,Randy Simler. Thank you, Michaels J.Ryan 636 U.S.Highway One® Suite 110 0 North Palm Beach,Florida® 33408 Telephone(561)881-4447 0 Fax(561)881-4461 Exhibit 4 Anthony Smith From: Anthony Smith Sent: Tuesday, September 28, 2021 11:09 AM To: Mike Ryan Cc: Christina Curl Subject: Case# 190927004 Attachments: Fine Reduction Form.docx Good Morning, I received a correspondent asking if there any further action needed by your client Mr. Randy Simler on the above case? There is a matter of a fine in the amount of$14,000. The last we spoke he said that he was going to get with title company because he was not aware of the lien on the property. That was last communication I had With Mr.Simler. If he is unable to get any clarification from the title company, I have attached a fine reduction form that he can fill out and return. The case then would be brought in front of the magistrate for fine reduction. If you have any questions don't hesitate to contact me. Have a good day Anthony Smith City of Okeechobee Code Enforcement Officer 50 SE 2r,d Ave. Okeechobee, FL. 34974 (863) 763-2626 Extension 9795 Fax (863) 763-7804 '4 0u' 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. 1 � .coo Exhibit 4 k�ofeecihoibee �;"va 1 Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 r.F` CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Respondent, Date 09/29/2021 Fosler LLC CIO Randy Simler CASE NO. 190927004 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30, Section 30-43 Public nuisance 2. Address and Parcel#where violation exists:NW 9th St, Okeechobee 3-15-37-35-0010-00390-0170 3. Name and address of property owner or person in charge of location where violation exists: Fosler LLC C/O Randy Simler, 310 Lake Shore Dr. Apt 3, Lake Park, FL. 33403-3563 4. Description of Violatio Notice of Hearing, Find Reduction Request 5. Date violation must be corrected by: 6. Date violation first observed on or about9/27/19 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 November.2021 at 6:00 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 Departme .If y u'f to appear at-th hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence. t Anthony Smith Code Enfor em-encer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una orden administrative final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 4 CERTIFIED MAIL@ RECEIPT U.S. Postal Service"Domestic Mail Only Z2- For delivery information,visit our website at wwwusps.comO. � Cerlified Mail Fee ul Extra Sa iced Fees(check bm add le&w appropdm) pReaxn R...ipf(ardcopr) $ Qr� ❑ tu Rern Raceir4 tulcrironic) $ 'TI�rJ-1v\ �pstmark ❑Certified Mill Restricted De iwy $ ` Here ❑Aduk Sigmt.re R-Make S ❑Aduk Signature Restricted Delivery S O Postage U-1 $ M Total Posh**and F..s O S ,-q Son a rl- yin. - aa• Exhibit 4 COMPLETESENDER:COMPLETE THIS SECTION ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse x 0 V !/ O Agent so that we can return the card to you. LJ N. O Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1dress different from item 17 O`(es Fosler LLC C/O Randy Simler r delivery address below: ❑No 310 Lake Shore Dr. Apt. 3 Lake Park, FL_ 33403-3563 Z 11 III 1111 I �,.. II �II��I I'II��I I II I� I I�I I I I II(III II II'I II I�II � ;service Type ❑Priority Mail Express® ❑AdultAdultSignature ❑Registered Wlailr^+ ❑ Ad fgil"g =eult Signature Restricted Delivery O�Registered Mail Restricted 9590 9402 6547 1 028 3228 80 certified Mail Restricted Delivery eonfirratlonTM ❑collect on Delivery Ignature Conruniation ?_ Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7021 0350 0001 5117 7440 1 Restricted Delivery PS Form 3811,July 202o P8N 7530-02-000-g053 Dourest c Return Receipt Exhibit 4 i Code Enforcement Accrual of Fine 2020 Case No: 190927004 Name: Fosler LLC, C/O Randy Simler/Omar Abuaita Address: 300 Blk NW 9th St Okeechobee, FL. 34972 Special Magistrate Ruling: Case presented to the Special Magistrate on June 9, 2020, found in violation of Chapter 30 Section 30-43 Public nuisance.A fine of$50.00 per day, 15 days after proper notification, plus a one-time$50.00 administrative fee. Fine accrual began on October 12, 2020. 1ne Number Week 1 Number Week 2 Number Wee umber Week4 Number Week 5 Number week Amount of days Total of Days Total of Days Total of Days Total of Days Total of days Total $50.00 January $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 February $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 March $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 April $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 May $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 June $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 July $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 August $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 September $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 6 $300.00 7 $350.00 7 $350.00 0 $0.00 November 7 $350.00 7 $350.00 7 $350.00 7 $350.00 2 $100.00 0 $0.00 December 5 $250.00 7 $350.00 7 $350.00 7 $350.00 5 $250.00 0 $0.00 ministrative Fee $50.00 Total $4,100.00 Date of C""'^fl"nce Not in tmmnH;gnre Exhibit 4 Code Enforcement Accrual of Fine 2021 Case No: 190927004 Name: Fosler LLC, C/O Randy Simler/Omar Abuaita Address: 300 Blk NW 9th St Okeechobee, FL. 34972 Special Magistrate Ruling: Case presented to the Special Magistrate on June 9, 2020, found in violation of Chapter 30 Section 30-43 Public nuisance.A fine of$50.00 per day, 15 days after proper notification, plus a one-time$50.00 administrative fee. Fine accrual began on October 12, 2020. Number Week I Number Week 2 Number Week 3 Number Week 4 Number Week 5 Number Week Fine Amount of days Total of Days Total of Days Total of Days Total of Days Total of days Total $50.00 January 2 $100.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 1 $50.00 February 6 $300.00 7 $350.00 7 $350.00 7 $350.00 1 $50.00 0 $0.00 March 6 $300.00 7 $350.00 7 $350.00 7 $350.00 4 $200.00 0 $0.00 April 3 $150.00 7 $350.00 7 $350.00 7 $350.00 6 $300.00 0 $0.00 May 1 $50.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 2 $100.00 June 5 $250.00 7 $350.00 7 $350.00 7 $3 00.00 4 $200.00 0 $0.00 July 3 $150.00 7 $350.00 7 $350.00 $0.00 $0.00 $0.00 August $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 September $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 December $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 A ministrative Fee $0.00 Total $9,900.00 Date o Compliance July 22, 2021 Grand Total $14,000.00 Code Enforcement Hearing November 9, 2021 Case Name& Number: Daniel Meara Case#200318009 Code Section Violated ]—Description of Violation Chapter 30,Sec 30-41 Disabled vehicles Untagged vehicle Chapter 30,Sec 30 44 General cleaning and beautification Grass needs to be mowed and debris cleaned up Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on March 19, 2020 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Date Received by received June 15,2020 Inspected property,still non-compliant July 28,2020 Statement of Violation and Notice of Hearing mailed via USPS certified Have not received return receipt anything back as of the July 31,2020 Inspected property,still non-compliant,the grass had been cut however date of this Hearin the untagged vehicle remains.Posted Property with Notice to Appear August 6,2020 Inspected property,still non-compliant September 22, Second SOV/NOH mailed via USPS certified return receipt for violation of September Krystal Cafter. 2020 CH 30 Sec 30-41 Disabled vehicles. 25,2020 October 20,2020 Inspected property,still non-compliant November 17, Third SOV/NOH mailed via USPS certified return receipt for Chapter 30 November R.P.Cig 2020 Section 30-41 Disabled vehicles. Property Posted with Notice to Appear. 21,2020 December 8,2020 Case was presented at the Special Magistrate found in violation of Chapter 30, Section 30-41 Disabled Vehicle(no tag).A fine of$25.00 per day plus an administrative fee of$50.00 will begin to accrue 14 days after proper notification. January 27,2021 Inspected property,still non-compliant February 25,2021 Lien/Order recorded at the County Clerk of Court April 21,2021 Corrected Lien/Order recorded at the County Clerk of Court. Mailed via April 30, Daniel Meara USPS certified return receipt to the property owner. If property is not 2021 brought into compliance imposed fine will began accrual on May 6,2021. May 59 2021 Property inspected, still non-compliant, vehicle still untagged. Photo in file. Fine accrual starts on May 6,2021. May 18,2021 Rebecca Mr. Meara's Secretary called advising that the truck has been removed from the property. Inspected property, in compliance June 18,2021 Compliance Letter with fine total mailed via USPS certified return receipt. July 7, 2021 Daniel Meara September 2,2021 90-Day Letter mailed via USPS certified return receipt September Signature not legible October 1,2021 Daniel T Meara came into the office in reference to the open fine on his 10,2021 property. Mr. Meara was advised that he has a $350.00 fine due to non- Page 1 of 2 Exhibit 5 compliance from May 6,2021 to May 18,2021. He requested to complete a fine reduction form.Form given to Mr.Meara and completed.Mr.Meara was advised that a notice with the date and time of the Special Magistrate Hearing that the fine reduction request will be presented to the Magistrate will be mailed to him. October 4,2021 SOV/NOH mailed via USPS certified returned receipt for the November October 7, Signature not legible 9th Hearing. 2021 City Recommendation: The City recommends a fine reduction of 75% plus a $50.00 administrative fee, reducing the fine from $300.00 to$75.00 plus the$50.00 administrative fee, totaling $125.00. Chronology attached. Page 2 of 2 Case #200318009, Daniel Meara Date Event/Document March 18, 2020 Property owner: Daniel T Meara Address: 905 Southwest V Avenue Violation of Chapter 30 Section 30-41 Disabled vehicles, Section 30-43 Public nuisance and Section 30-44 General cleaning and beautification. No tag on vehicle, grass needs to be mowed, and debris cleaned up. March 19, 2020 Courtesy Card mailed via regular mail. Given 10 days to correct violations June 15, 2020 Inspected property, not in compliance took pictures of the grass and the vehicles with no tags. Photos in file July 28, 2020 Statement of Violation and Notice of Hearing mailed. Nothing returned, Property came into compliance July 31, 2020 for mowing and debris cleaned up. Property was not posted. July 31, 2020 Inspected property, complied for the grass being cut, but the vehicles are still untagged. Posted Property. August 6, 2020 Inspected property, not in compliance took pictures of untagged vehicles. Photos in file September 22,2020 2nd SOV/NOH mailed certified return receipt. For violation of CH 30 Sec 30-41 Disabled vehicles. Received on 9/25/20 Krystal Cafter. October 20, 2020 Inspected property, not in compliance took pictures of untagged vehicles. Photos in file November 17, 2020 3rd SOV/NOH mailed certified return receipt for Chapter 30 Section 30-41 Disabled vehicles. Received on 11/21/20 signed by R.P. Cig. November 17, 2020 Posted Property with Notice to Appear for December 8, 2020 for Violation of Ch 30-Sec: 30-41- Disabled Vehicle- No Tag December 8, 2020 Case was presented at the Special Magistrate found in violation of Chapter 30, Section 30-41 Disabled Vehicle (no tag). A fine of$25.00 per day plus an administrative fee of$50.00 will begin to accrue 14 days after proper notification. A copy of the meeting mins placed in the file. January 27, 2021 Property inspected, not in compliance took picture of untagged vehicle. Photo in file. Page 1 of 2 Exhibit 5 Case #200318009, Daniel Meara Date Event/Document February 25, 2021 Lien/Order recorded at the County Clerk of Court. April 21, 2021 Corrected Lien/Order recorded at the County Clerk of Court. Mailed certified return receipt to the property owner. If property is not brought into compliance imposed fine will began accrual on May 6, 2021. Received by Daniel Meara on April 30, 2021 May 5, 2021 Property inspected, not in compliance, vehicle still untagged. Photo in file. Fine accrual starts on May 6, 2021. May 18, 2021 Rebecca Mr. Meara's Secretary called advising that the truck has been removed from the property. Her contact# 863-801-0246. May 18, 2021 Inspected the property: In compliance, photos in file. Case Closed. June 18, 2021 Compliance Letter with fine total mailed USPS certified return receipt. Received by Daniel Meara on July 7, 2021. September 2, 2021 90-Day Letter mailed via USPS certified return receipt. Received on September 10, 2021, signature not legible. October 1, 2021 Daniel T Meara came into the office in reference to the open fine on his property. Mr. Meara was advised that he has a $350.00 fine due to non- compliance from May 6, 2021 to May 18, 2021. He requested to complete a fine reduction form. Form given to Mr. Meara and completed. Mr. Meara was advised that a notice with the date and time of the Special Magistrate Hearing that the fine reduction request will be presented to the Magistrate will be mailed to him. October 4, 2021 SOV/NOH mailed via USPS certified returned receipt for the November 9tn Hearing. Received on October 7, 2021, signature not legible. Page 2 of 2 Exhibit 5 Date: ; I 0 r — Dear Property Owner, This is a courtesy card requesting your assistance in alleviating the following code violation(s) at the above address. The following violation(s) exist: ,I Overgrown Weeds,Grass,Bushes or Shrubs 0 Unauthorized Signs,Flags or Banners Trash,Yard Debris or Junk 0 Operating a Business Without Required License 0 Inoperable,Abandoned or Unlicensed Vehicle 0 Pool Violation 0 International Property Maintenance Code Ch Sec 0 Other C�r.f'ins' '�1 :- C ht t� "z f, ;a��-t; ,..� r „ f �. J. �' ! ti1tz, ( 'i t f�f; a t �'✓4Ltii C 'i)G''� l.�{ `i�:.i.�'!{:d ,�C�. ..��,�:•'i..4�'�i �'{� — �•-� '�) !�� L�l i t�.. i\.r�..� rt '�.J •'" f' t jj tt t IJi i;( r, i�1l..,t,-� # � L.`trig lr7n Je�l7lL tip Please contact our office at(863)763-2626 within I _ ' days of receipt of this card and let us know when violation(s)will be corrected.We appreciate your cooperation. < Exhibit 5 ``fie IWO t rlJ- -tea. `.i�, <•�^ ,� +.11�..tN�. 1.�Y � :, � � . 1 r 'Sf c��R U IIGOLSOO2 MIR W* ry t'iln� 6 ika bk � k lJ,�w• J Exhibit 5 ` bee �F"' Okeechobee Police Code Enforcement y" �` 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX l� OKEECHOBEE,FLORIDA. Petitioner, (1' vs Respondent, Date 07/28/2020 Daniel Meara CASE NO. 200318009 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee, I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Section 30-41,30-43 & 30-44 2. Address and Parcel#where violation exists:905 SW 3rd Ave 3-21-37-35-0040-00050-0090 3. Name and address of property owner or person in charge of location where violation exists: Daniel Meara - 905 SW 3rd Ave 4. Description of Violatio "Property Needs Mowed, Debris Cleaned Up and Tag on Car See Attached Photos 5. Date violation must be corrected by8ep 4, 2020 6. Date violation first observed on or about3/18/20 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 8th day Dept. Lulu 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 Department.If you fail to appear at the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence. Fred Sterling Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una Orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 5 H EVR � R � 0 1 \ _ ,•vim; �?�. �' . .,�..• .,_ �. y ,��- ,• o 0�06��O�oQ .�.gc��. Exhibit 5 A Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 09/21/2020 Respondent, CASE NO. 200318009 Daniel Meara STATEMENT OF ETIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section:Chapter 30 Section 30-41 2. Address and Parcel#where violation exists:905 SW 3rd Ave 3-21-37-35-0040-00050-0090 3. Name and address of property owner or person in charge of location where violation exists: Daniel Meara— qU! St)_) 3SW Aoe, 4. Description of Violatio'Vehicle With Out Tag 5. Date violation must be corrected by0ct 16, 2020 6. Date violation first observed on or about3/l 8/20 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 21 st day umooer Gu g 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 Departm=- Sterling-160deat the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence. Enforce/nsidered Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter at this hearing 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 acuerdo puede apelar una orden administrativa Final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Uj 8,00ER,i 66AI�LETE:ThIS SECTION COMPLETE THIS SECTION ON DELIVERY U J W Complete Items 1,2,Ind 3. A Signature Em ri W Print your name and address on the reverse x 1CCIP MA gent so that we can return the card to you, Addressee , 04 W Attach this card to the back of the mallpiece, B.Re& . ived Wed a e) C.Date of Delivery or on the front'if space permits. cress different m item l? OYes delivery address below: El No Daniel Meacp 9 905 SW 3rd Ave Okeechobee, FL 34974 PIT, 3. Service Type 11 Priority Mail Expresso 2 13 Adult Signature 0 Registered MailTm i; 13 EReg "zld, lv'stared Mail Restricted 13 Adult Signature Restricted Delivery W L 13 Certified Mall0 ,y 9590 9402 5765 0003 3465 42 11 Certified Mall Restricted Delivery 0 Holum Receipt for "i V — 13 Collect on Delivery Merchandise 2. ❑Arti Ae Number(Iransfer from service label) 0 Collect on Delivery Restricted Delivery ❑0 Signature Confirmationim § F Mail Cl Signature Confirmation 0 CC Ir 7019 2970 0000 1810 1271 Mall Restricted Delivery Restricted Delivery 0) El 13 0 0 0 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 2L2T MT 0000 0?-62 6TOZ ,t.� �-'tea• r 7h- J. f I r 1 t _.'•,..f tit >, X\. � �1� � -�,y r. '..t, tr.�+'�...0 Li �r 10/20/2020 11 24 '� 2< F•�u'�,at. T-.�°�' y� Exhibit 5 -,okeeenobee Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 1,V CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 11/16/2020 Respondent, Daniel Meara CASE NO. 200318009 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section:CH 33, Sect: 30-41 2. Address and Parcel#where violation exists:905 SW 3rd Ave., Okeechobee, FL 3. Name and address of property owner or person in charge of location where violation exists: 905 SW 3rd Ave., Okeechobee, FL 34972 4. Description of Violatiorbisabled Vehicle, No Tag 5. Date violation must be corrected bsNov 30, 2020 6. Date violation first observed on or about6/15/20 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 8th day Dec. 2020 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 Department.If you fail to a pear at the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absence. Fred Sterling Code Enfor e ent Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tat apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 5 COMPLETES SECTION ON .,._��DER:COMPLETE THIS SECTION -+mete items 1,2,and 3. A.SI lature our name and address on the reverse 13 Agent so trii t we can return the card to you. Addres m Attach this card to the back of the mailpiece, B. R lved by{Panted Name) C.Dat of Delio or on the front if space permits. ( 1 iddress different from item 1? ( Yes ,_._Daniel Meara ir delivery address below: -)WNo 905 SW 3rd Ave. Okeechobee, FL 34974 �I �I�I'I 111�I'I II�)I I� � I I I I�II 1 I �`I ■I� 3. Service type ❑Priority Mail Express( M91 ❑Adult Signature ❑Registered Mailer^ ❑Adult Signature Restricted Delivery ❑Re.9istered Mail Rest El Certified Mali® Delivery 9590 9402 5765 0003 3464 05 ❑Certified Mail Restricted Delivery ❑Return Recelptfor ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Conffrmati, Mail O Signature Confirmati. 7 019 2970 0000 1810 3183 Mall Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Rece Postal CERTIFIED MAIL@ RECEIPT (titCID! Domestic Mail • nly e t C3 a Certified Mail Fee c0 $ Extra Services&Fees(chsckbox,add fee as appropriate) E ❑Return Receipt(hardcopy) $ ❑Return Receipt(elsctronic) $ Postlnaric O ❑coN(led Mail Restricted DsWery $ Here t3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ Postage rru Total Postage and Fees 12- Er s ,fin r-9 _ A t.1 If z l t'>r�P__n -------------------------------------------- N Strut andApt.No.,or�3 i ox'No:" """" Ciry;State; 11 d Y=� e ------------------------------------------ JiLZ� 3c4r1 7`Y � f OmrT... NOTICE TO APPVlEAR MAMIEL MEARA Respondent Unless Respondent corrects the violation described herein, C 114130 -a $714r 90% 41 • M1 ISAG&O &JrBlew-wo?A� By the date set forth AND contacts the undersigned Code Inspector to verify compliance. NOTICE IS HEREBY GIVEN that the alleged violation(s) will be presented in the City Council Chambers, City Hall, 55 SE 3rd Avenue, Okeechobee, FL on the �j L day of DJEL20_L&_, at 6:30pm Dated this 1_7 day of the month of i . the year of 20-140— Signesi: ft�7WRt/Af.* Title:r 6AtlF&Iever City of Okeechobee 5$ SF 3rd Avenue - Okeechobee, FL 34974 863 %3_qlys Florida Statute7n-: M `- CITY OF OKEECHOBEE CODE ENFORCEMENT DECEMBER 8, 2020 SPECIAL MAGISTRATE HEARING OFFICIAL MINUTES 1. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, December 8, 2020, at 6:30 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Magistrate Azcona. 11. ATTENDANCE City Clerk Lane Gamiotea called the roll. Special Magistrate Roger Azcona, Esquire, City Attorney Carlyn Kowalsky, Police Lieutenant Justin Bernst, and Code Officer Fred Sterling were present. 111. CHANGES TO AGENDA A. Magistrate Azcona asked whether there were any agenda items to be added, deferred, or withdrawn; City Attorney Kowalsky deferred Items VI.A., VLB, Vi.C, VI.E, and VI.F. IV. APPROVAL OF MINUTES A. Special Magistrate Azcona approved the September 8, 2020, and October 21, 2020, Hearing minutes. B. . This being a Quasi-Judicial proceeding, City Clerk Gamiotea collectively administered an Oath to Code Officer Fred Sterling, Mr. Benjamin Purvis, and Mr. Jose Cruz; all affirmed. Code Officer Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and support documents were all entered as part of the official record. V. CONTINUED CASES A. Case Number 190411010; Kemp Properties of Okeechobee, 909 South Parrott Avenue,Okeechobee.Violation of City Code of Ordinances Chapter 30,Sections 30-43 Public Nuisance, and 30-44 General Cleaning and Beautification. Officer Sterling testified that an inspection was performed prior to the meeting, and progress has been made. Special Magistrate Azcona granted an extension of 30-days from today for the property to become compliant. Mr. Purvis was further instructed that he did not have to wait the entire extension, and to notify Code Officer Sterling when he had completed the clean up to inspect the property in order to stop the fine from accruing. He could then move forward with a fine reduction request. VI. NEW CASES A. Case Number 200824009 was deferred. B. Case Number 190723008 was deferred. C. Case Number 200824014 was deferred. D. Case Number 200318009: Daniel Meara, 905 Southwest 3rd Avenue, Okeechobee [Legal Description: Lot 9 of Block 5, SOUTH OKEECHOBEE, Plat Book 1, Page 12, Okeechobee County Public Records].Violation of City Code of Ordinances Chapter 30, Section 30-41 Disabled Vehicle (no tag)- Officer Sterling testified there were two vehicles parked on the property without tags. On September 21, 2020, a Notice of Violation/Notice of Hearing was mailed and received by Krystall Cafter on September 25, 2020. The Notice of Violation/Notice of Hearing was posted on the property November 17, 2020. December 8,2020,Code Enforcement Hearing,Page 1 of 2 Exhibit 5 Vl. NEW CASES CONTINUED ITEM D CONTINUED: Special Magistrate Azcona found the property to be in violation of City Code of Ordinances Chapter 30, Section 30-41 Disabled Vehicle(no tag),A fine of$25.00 per day plus an administrative fee of$50.00 will begin to accrue 14-days after proper notification. E. Case Number 200609010 was deferred. F. Case Number 200916028 was deferred. Vli. FINE REDUCTION REQUESTS A. Case Number 190917011; Manuel Serrana Pineda, 1124 Southwest 81h Street, Okeechobee [Legal Description: South 50.5-feet of Lot 11 and West 33-feet of the South 50.5-feet of Lot 12, in Block 15, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book 2, Page 7, Okeechobee County public records and the abandoned portion of First Street lying south of and contiguous to said Lot 11 and the aforementioned West 33-feet of Lot 12 of said Block 15]. The property owner is requesting a Fine Reduction from $9,350.00 to $935.00 plus a $50.00 Administrative Fee. After a brief testimony from Code Officer Sterling and Mr.Jose Cruz,representing the property owner, Special Magistrate Azcona recommended approval of the request for Fine Reduction from $9,350.00 to $935.00 plus a $50.00 Administrative Fee and to allow payments to be made; half to be paid in January and the balance by February 10. The recommendation will be forwarded to the City Council for final action. B. Case Number 190718010; Fortex Holdings, LLC, 501 East North Park Street, Okeechobee. Requesting reduction from $8,450.00 to $50.00 Administration Fee. Code Officer Sterling testified the building has been painted, the property cleaned, and is currently in compliance. He recommended a Fine Reduction of 10 percent of the accrued amount,which is$845.00 plus a$50.00 Administration Fee. Special Magistrate Azcona agreed with the recommendation of a Fine Reduction from$8,450.00 to$845.00 plus a$50.00 Administrative Fee.The recommendation will be forwarded to the City Council for final action. l Vill. ADJOURN MEETING There being no further business to come before the Special Ma istr j,the Hearing was adjourned at 7:05 P.M. Roger Azcona, Spec al Magistrate ATTEST: i ram Lane�Gi—amiot,ea, C _ C, City Clerk Please take notice and be advised that when a person decides to appeal any decision made by the Special Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based_City Clerk media are for the sole purpose of backup for official records of the Clerk. December 8,2020,Code Enforcement Hearing,Page 2 of 2 Exhibit 5 o a 1 I , , k h 1 _ ® t W •4"T�i .1�1%#1 4 � i c Exhibit 5 Official Records Fle#2021004953 Page(s):1 Jerald D Bryant Clerk of the circuit Court&Comptroller Okeechobee,FL Recorded 4/2112021 11:52 AM Fees:RECORDING$10.00 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2^d Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE,FLORIDA CASE NO.200318009 CITY OF OKEECHOBEE,PETITIONER -vs- DANIEL MEARA,RESPONDENT LIEN 1 ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee,for public hearing on December 8,2020. After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Property Owner: Daniel T.Meara Property Location: 905 Southwest 31d Avenue Legal Description: Lot 9 of Block 5, SOUTH OKEECHOBEE, Plat Book 1, Page 12&Plat Book 5, Page:7,public records of Okeechobee County,Florida Parcel: 3-21-37-35-0040-00050-0090 CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of:City Code of Ordinances,Chapter 30 Environment,Section 30-41 Disabled vehicles(no tag). ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30 Section 30-41 Disabled vehicles concerning your property located at 905 Southwest 3rd Avenue,Okeechobee,Florida. If you do not correct the violation 14 Days after proper notification or notify the Code Enforcement Officer of the correction,the Magistrate imposes a fine of$25.00 per day,including a one-time administrative fee of$50.00, commencing that date and continuing to accrue daily until the violation is corrected or the City is notified by you and verifies the correction,which ever first occurs.Further,if you do not correct the violation by said date, a copy of this order as a claim of lien,shall be recorded in the office of the Clerk of Circuit Court,Okeechobee County, Florida,and once recorded,becomes a lien on real and personal property pursuant to Florida Statute 162.You have a right to appeal this finding within thirty days,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 81h day of December 2020. I of Okee Code En r ment Spe ' t rate AT S Roger Azcona,Esquire C rlstina Curl,Recording Secre ary STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this day of 20 ,by Roger Azcona and Christina Curl by means of K physical presence or o online notarization, who produced as identification or-4 is personally known to me and who did take an oath. (stamp) Notary PubBo Slate of FloAea Signature of Notary: z Jeanna L Kom -Z 'A a 1y'Cortx 0=070818 1 J Exhibit 5 •. - o , 0 rti - &SHC Mail Only a ,q Certified Mall Fee Yn, CO $ ' v� rq Extra Services&Fees td edt box add ree es 4APwrkto J a ❑Return Receipt(r>aMCOM $ C ❑Return a"at(ebetro ilc) $ v_Pgstq> ,4t n ❑Certfied Mail Restricted D*very $ ❑AduR Signature Required $ Aduft Stgnatura Restricted Daltvary$ p Postage r� $ o31�b�g Total Postage and Fees a- Sent To �1. . .O SYreeiandAp N �-------- ----------------- ---a; �. ----------- . . . SECTIONSEN&:COMPLETE THIS ■ Complete items 1,2,an A.;SIgIntured 3. ❑Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. _ _�lv��y fdn�Nam) �, r e of livery ■ Attach this card to the back of the maiipiece, JQ a1 f i �� or on the front if space permits. y„ _ 1dress different from item t ❑Yes delivery address below: 0 No Daniel T Meara 905 SW 3rd Ave Okeechobee, FL. 34974 ^ --c �Il► II I�I�I'I('nl ln'In I II I II I I I I I'I /❑Spt enrtalttyauu rrerae i{:O'r itlpttrnrrmnne saasttli® a. oervtce type ❑Adult Signature ❑R Istt ❑jdult Signature Re 0lellve ❑ Rretooricnn tre"d(IIIIII ' (II) Certified Malik de 9590 6'65 0220 6829 69 Certfied mail Restricted D ❑ ❑valtxt on Delivery t Delivery Restricted Dell ary P. Art' nt, - tall 019 2970 0000 1811 3700 f lailRest,atedDelivery _ ----- $500> —,-- Domestic Return Receipt ; PS Form 3811,July 2020 PSN 7530-02-000-9053 Exhibit 5 h Jt a►� rnY.j' V� CF-!Eb'R0 E i V CHE Eo . ROL ET �. • }} M1..,+^ � r. iu "�` j .. ... ... .. [�. ;r'�-... �- �.. .,.. � ._;n r^` v^.�{ r .�- .. ... tea. -, .. � �� - � +' '�W y .. �., ��: �;.. ,.. a o:::p ... .. :�rti ,� a _ 'a 05/ 18/20',,� �,� "3 ._ �iy ' �u -.�'; .i r .r� +1ez� ,,, +a !F, _. r _ � �_.r � r°. �a�+ �„ »��: __ 8 20 ' :32 City of Okeechobee Code Enforcement 50 SE 211 Street Okeechobee, Florida 34974 (863)763-9795 June 18, 2021 Daniel T. Meara 905 SW 3rd Ave. Okeechobee, FL. 34974 Re: 905 SW 3rd Ave. Case # 200318009 Dear Property Owner: This letter is about the Code Enforcement Lien/Order dated December 8, 2020, notifying you that a $25.00 per day fine was imposed beginning on May 6, 2021, against the property listed above for failure to comply with City Ordinances. As of May 18, 2021, the violations on the above listed property have been corrected bringing the property into compliance with City Ordinances. The total amount due as of May 18, 2021, is $350.00 including the $50.00 administrative fee. Please contact the Code Enforcement Office immediately at 863-763-9795 to make arrangements to pay this fine. Failure to contact our office to make arrangements to pay the fine could result in foreclosure action being filed against the property. Since ely Anthony City of Okeechobee Code Enforcement Officer 863-763-9795 asmith@cityofokeechobee.com Exhibit 5 U.S. Postal Service'" CERTIFIED MAIL" RECEIPT Ln Domestic Cr' For delivery intormation,visit our website at www.usps.com a r-7 Certified Mall Fee Cal $ r-9 Extra ry OBe&Fees(d*Ck eax.add)ee as appmpdats) + !] ❑Retum Rwelpt(hardrropy) S W fa ❑Return R-944(eWaMWO $ � Q ❑Catfied Mail R=ftWed tWvaY S J'Z He 0 Adult signature Ro*dmd S Aduh Signature Readcted DWvwy S— O Postage 17' $ — CS Er Total otal Postage ow Fes. N L tT San M - os a.; ---------------------- +ab r Exhibit 5 i � ' . ■ Comptete items 1,2,and 3. A ■ Print your name and address on the reverse X i� ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailplece, B. ed by(P nted Name) C. Date of Delivery or on the front if space permits. 1 AMinm nrirlra —i t— n re.mrr.,e^,-ddress different from item 1? ❑Yes Daniel T Meara ss delivery addre below- ❑No 905 SW 3rd Ave Okeechobee, FL. 34974 Adult Signature ❑Registered Priority Mail all- ® O Aduft Signature ❑Registered MaiITM utt Signature Restricted Delivery ❑Reg iatered Mail Restricted Certed Mails elroery 9590 9402 6165 0220 6829 07 Certifled Mail Restricted Delivery X$ignature Conflmration'" O Collect on Delivery ❑Signature Confimration 2. Article Number(Transfer fmm carvMa 13 Collect on Delivery Restricted Delivery Restricted Delivery 7 019 2970 0000 1811 39 5 3 taaiil Restricted Delivery PS Form 3811,July 2020 PSN 7530.02-000-9053 Domestic Retum Receipt r - City of Okeechobee Code Enforcement 50 SE 2nd Street Okeechobee, Florida 34974 (863)763-9795 September 2, 2021 Name: Daniel T Meara Address: 905 SW V Ave. Address: Okeechobee, FL. 34974 Re: 905 SW 3rd Ave. Case# 200318009 Dear Property Owner: This letter is about the Code Enforcement Lien/Order dated December 8, 2020 notifying you that a $25.00 per day fine was imposed beginning on May 6, 2021 against the property listed above for failure to comply with City Ordinances. As of August 18, 2021, the fine had accrued over ninety (90) days. According to Florida Statutes Chapter 162 the City has the ability to file a foreclosure action against the property to collect the fine. Please contact the code enforcement office immediately. Failure to contact our office to make arrangements to pay the fine could result in foreclosure action being filed against the property. The total amount due as of August 18, 2021 is $350.00 including the$50.00 administrative fee. Please contact our office immediately at 863-763-9795 to make arrangements to pay this fine. Sinnccgj rel Anthony mith Code Enforcement Officer (863) 763-9795 Enclosure— Recorded Lien/Order Exhibit 5 U.S. Postal Service" CERTIFIED MAIL@ RECEIPT C3 Mail Only ro Domestic M For delivery information.visit our website at www-usps com- 17�- _ ;. Certified Mail Fee s LAY Extra Services&Fees ichockbaw add tee es appropriate) ❑Return Receipt lherdwpy) $ ❑R.tum Receipt(electmic) $ 0 ❑C.mx.d Mail ReaMeted Delivery a UHprq^ 0 ❑Adult Signature Required 0 ❑Adult Signature Remitted Delivery$5 p Postage LJ7 $ O Total P..w a r-1 sent To oo - --------------- __,_a------- -------------- Exhibit 5 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY, ■ Complete items 1,2,and 3. A. Signatur ■ Print your name and address on the reverse X ��. 0 Agent so that we can return the card to you. L ❑Addressee ■ Attach this card to the back of the mailpiece, Bo"Ffeceived by(Printed Name) C.Date of Delivery or on the front if space permits. 1. Article Addressed to ^ '- address different from item 1? 0 Yes w delivery address below: 0 No Daniel T Meara 905 `JV 3rd Ave. Okeechcbee, FL. 34974 v. VGIvn tl ayyn 0 Priority Mail Express® 2 dult Signature Restricted Delivery ❑Registered elivery J Registered MailRestrictet Certified Mall® 9590 9402 6547 1028 3228 1 1 Certified Mail Restricted Delivery Signature Confirmationru ❑Collect on Delivery ❑Signature Confirtnatian 2. Article Number(liansfer from service late# ❑Collect on Delivery Restricted Delivery Restricted Delivery r in�na,.i Mail 7021 0350 0001 5117 7280 ui l Restricted Delivery Ps Form 3811,July 2020 PSN 7630-02-00MO53 Domestic Return Receipt t Exhibit 5 Okeechobee City,Florida Code Compliance Department 1 KRE:The Matter of Complaint#;4-90-3/ Respondent(s) r Request for Reduction of Accrued Fine Xea,A-5,reby request a reduction of a fine imposed in the above referenced case and in support thereof would state the following information: My name and current mailing address are: 2. Physical address of the property which was the subject of the violation: `3 L/ 3. A Fine in the amount of$ per day was imposed on the following date: 4. The vj I ot' ns were c rected,and I was advised that the property came into compliance on the following date: yip''� �,�. 5. 1 am requesting that the accrued fine be reduced from$ 3�l J To: 6. The accrued fine amount should be reduced because: �-l^ 14fl P �� Q �'�.l � 1/ r i/�' . •U r��i'l i"S , ��'C,[ � �` i1 r�J' � !��,i�'� 7. 1 Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magistrate to Present and Defend This Request for A Reduction in The Fine,If I cannot personally appear,I hereby designate the III followi pe to appear in my place: /-X fi Y/��� Signature of Respondent Signature of Respondent Date: Date: The forgoing instrume t was sworn t or i ed)and su s ribed before me,by means of physical presence or online notarization this day of t=p— B I and who produced as identification. /p , (7 Signature of Notary Public—State of Florida Print/Type/Stamped Name of Notary My commission expires:-r Ff 4b f=I Exhibit 5 eery if Okeechobee Okeechobee Police Code Enforcement - 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE,FLORIDA. Petitioner, vs Date 10/01/2021 Respondent, CASE NO. 200318009 Daniel T Meara STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of Okeechobee, I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: CH 30 Section 30-41 Disabled vehicles 2. Address and Parcel#where violation exists:905 SW 3rd Avenue, Okeechobee 3-21-37-35-0040-00050-0090 (34792) 3. Name and address of property owner or person in charge of location where violation exists: Daniel T Meara, 905 SW 3rd Ave, Okeechobee, FL. 34974 4. Description of Violatio Notice of Hearing-Fine Reduction Request Property in compliance on May 18, 2021 S. Date violation must be corrected by: 6. Date violation first observed on or about3/18120 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 November. 2021 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 3404 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 Department.If you fail to appear at the hearing the Magistrate may enter an Order of Violation,&impose a fine in your absent . �6J,st'.. Lal-'I Christina Curl Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a 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 section 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 5 U.S. Postal Service" CERTIFIED MAILO RECEIPT Domestic Mail Only CertlW Mail Fee r� $ /l Services Fees(check box.add Moss apmoPdase) ❑Return Receipt Owdcopy) S F-1 ❑Ratan Receipt(elect cric) S4t Postmark _ M ❑Certified Mall Restricted Dellmy $ He F] ❑Aduk Signature RaquiRwtri ed S ❑Adak 8lgnafure Restricted De1Nery S Ln POStage _� N 111 mTotal Post.go and Foos S r—i sent 1 p Stiee �qt or li o. d --- - ------------------ r - - Exhibit 5 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,:and 3. A. Signature ■ Print your name and address on the reverse X 4 c r• Agent so that we can return the card to you. 0 ��ddressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Dat of Delivery or on the front if space permits. 10, -7 1. Article Addressed to _ -- — - ddress different from item 1? 11 Yes Daniel T Meara r delivery address below: 13 N0 905 SY'3rd Ave Okeec_t obee, FL. 34974 4 ! 11 ti III■��I'II'III��(I�I) (�IIIIIII(�IIIIIIII�'I�I) - SultSig TYPe ❑Priority Mail ail"' sO 1 Adult Signature lJ Registered Mail"' ❑Adult Signature Restricted Delivery ❑Registered Mail Restrict,, Certified Mail® livery 9590 9402 6547 1028 3229 03 Certified Mail Restricted Delivery i nature ConfirrnaticWT ❑Collect on Delivery 0 Signature Confirrnation 2. Article Number!Transfer from service fabell O Collect on Delivery Restricted Delivery Restricted Delivery 7021 0350 0001 5117 7464 all - all Restricted Delivery 1 Ps Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 5 Code Enforcement Accrual of Fine 2021 Case No: 200318009 Name: Daniel T. Meara Address: 905 SW 3rd Ave Okeechobee, FL. 34974 Special Magistrate Ruling: Case was presented to the Special Magistrate on December 8, 2020. Found in Violation of CH 30 Sec 30-41 Disabled vehicle(no tag).A fine of$25.00 per day, plus a$50.00 administrative fee will start accrual on May 6, 2021. Number of Fine Week 1 Number Fine Week 2 Number Fine Week 3 Number Fine Week 4 Number Fine Week 5 Days Amount Total of Days Amount Total of Days Amount Total of Days amount Total of Days Amount Total January $0.00 $0.00 $0.00 $0.00 _ $0.00 February $0.00 $0.00 $0.00 $0.00 $0.00 March $0.00 $0.00 $0.00 $0.00 $0.00 April $0.00 $0.00 $0.00 $0.00 $0.00 May 3 $25.00 $75.00 7 $25.00 $175.00 2 $25.00 $50.00 $0.00 $0.00 June $0.00 $0.00 $0.00 $0.00 $0.00 July $0.00 $0.00 $0.00 $0.00 $0.00 August $0.00 $0.00 $0.00 $0.00 $0.00 September $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 December $0.00 $0.00 $0.00 $0.00 $0.00 Administrative Fee $50.00 Grand Total $350.00 ate o Compliance May 18, 2021