Banner, Yvette- Case#200824010- SatisfiedPREPARED BY AND RETURN TO:
City of Okeechobee
Code Enforcement Department
50 Southeast 2rid Avenue
Okeechobee, Florida 34974
Official Records File#2022002257 Page(s):1
Jerald D Bryant
Clerk of the Circuit Court & Comptroller
Okeechobee, FL Recorded 2t17/2022 3:19 PM
Fees: RECORDING $10.00
RELEASE OF LIEN
The City of Okeechobee ("City"), is the owner and holder of the Lien/Order recorded on April 13, 2021 in OR
Book 2021004951, Page(s) 1 of the Official Records of Okeechobee County, Florida, claiming a Lien against the
property described as follows:
City Case No: 200824010
Property Owner: Yvette Banner
Site Address: 913 Northwest 9th Street, Okeechobee, FL. 34972
Legal Description: Lot 7 of Block 43, City of Okeechobee, according to the plat thereof
recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5, Public Records
of Okeechobee County, Florida
Parcel ID No.: 3-15-37-35-0010-00430-0070 (33488)
("Property"). The City hereby fully releases said Lien/Order against the Property and considers same to be
cancelled and discharged of record. While this Release of Lien is intended to fully and completely release the
aforementioned Property from the Lien/Order, it is not intended to release or embrace contractual rights.
City of Okeechobee
Gi
owling R. atford, Jr. ayor
Z-
Date
Sworn to (or affirmed) and subscribed before, by means ofk(Physical presence or ❑ online notarization, me
this M day of _, 2021, by , who i personally known to me or ❑ provided
the following identification:
Notary Public - State of Florida
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
;;,;;Y';;N-( GAILPNEU
Notary Public - State of Florida
S 8095
µ> a My Comm. Expires Feb4, 2022
Bonded through National Notary Assn.
Jerald D Bryant
Clerk of the Circuit Court & Comuu LAer
OKEECHOBEE COUNTY
312 NW 3rd Street
Okeechobee, FL 34972
Transaction # 2019128181
Receipt # 2022001905
Print Date: 2/17/2022 3:18:03PM
Cashier Date: February 17, 2022
Client: CITY OF OKEECHOBEE
1 Item
RELEASE
Instrument Number: 2022002257
RECORDING FEES
5.00
BOCC
2.00
FACC FEE
$0.10
TRUST FUND FEE
1.00
COURT RELATED PRMT
1.90
CASH
AMOUNT: $10.00
CHANGE: $0.00
Total Payments $10.00
Total Fees $10.00
Shortage $0.00
Check Overage $0.00
Rec By: Frances Conner
Deputy Clerk
www.clerk.co.okeechobee.fl.us/Official—Records.htm
71
.0f.0 fF` CITY OF OKEECHOBEE CODE ENFORCEMENT
tiW O
MARCH 8, 2022, SPECIAL MAGISTRATE HEARING
OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order
on Tuesday, March 8, 2022, at 6:01 P.M. in the City Council Chambers, located at 55 Southeast
31d 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, City Attorney Greg Hyden, 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 February 8, 2022, Hearing Minutes.
B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively
administered an Oath to: Code Officers Smith, Curl; 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. 200824010; Yvette Banner, 913 Northwest 9th Street [Legal Description: Lot 7
of Block 43, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public
records]. No action on this matter was requested but is noted for the record that the
evidence gathered, and the lien/order recorded on this case was filed on the incorrect
address. A Release of Lien was recorded on February 14, 2022, releasing the property
of all sanctions.
VI. CONTINUED CASES
A. Case No. 210125007; Glenn Frank Prescott, 1009 Southwest Park Street [Legal
Description: Lot 3 and West half of Lot 2 of Block 4, SOUTHWEST ADDITION TO
OKEECHOBEE, Plat Book 2, Page 7, 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 an unsecured house, house in need of being cleaned, overgrown grass, weeds, trees,
bushes, and shrubs. A Statement of Violation/Notice of Hearing (SOWNOH) was hand
delivered to Mr. Prescott on February 16, 2022. Code Officer Smith met with Mr. Prescott
at the property to advise him on what needed to be done to bring the property into
compliance on February 17, 2022. The property was inspected and found to be non-
compliant on March 1, 2022. To comply with City Ordinances, the property owner needs
to cut all the overgrown vegetation, clean and secure the home. The City recommends
a fine of $25.00 per day, to begin 21-days after the date of the Special Magistrate Hearing
on March 8, 2022, unless the property owner brings the property into compliance before
that date, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case No.
210125007 to be in violation of Code of Ordinances Chapter 30, Sections 30-43
Public nuisances, 30-44 General cleaning and beautification and imposed a fine of
$25.00 per day plus a one-time administrative fee of $50.00 should the property
fail to come into compliance within 21-days after the date of this Hearing.
VI1. NEW CASES
A. Case No. 220126008; Nika's Investments of FL, 814 Southeast 8th Street [Legal
Description: Lot 7 of Block 5, REVISED PLAT OF WILCOX SHORES, Plat Book 3, Page
5, Okeechobee County public records].
March 8, 2022, Special Magistrate Hearing, Page 1 of 2
72
VII. NEW CASES CONTINUED
A. CONTINUED: Code Officer Smith testified that the property is in violation of the Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for trash and debris in the rear and on the sides of the property. The
property is not a repeat violator. A Courtesy Card was via United States Postal Service
(USPS) on January 3, 2022. The property was inspected and found to be non -compliant
on January 25, 2022. A SOWNOH was mailed via USPS certified return receipt on
January 26, 2022. The notice was received on January 29, 2022; however, the return
receipt was unsigned. The property was inspected and found to be non -compliant on
February 14, 2022. A Notice to Appear was posted on the property and on the public
notices board at City Hall on February 22, 2022. The property was inspected and found
to be non -compliant on March 1, 2022. To comply with the City's Code of Ordinances,
the property owner needs to remove all trash and debris and clean up the toys by placing
them neatly against the building. The City recommends a fine of $50.00 per day, to begin
21-days after the date of this Hearing, unless the property owner brings the property into
compliance on or before that date, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case No.
220126008 to be in violation of Code of Ordinances Chapter 30, Sections 30-43
Public nuisances, 30-44 General cleaning and beautification and imposed a fine of
$50.00 per day plus a one-time administrative fee of $50.00 should the property
fail to come into compliance within 21-days after the date of this Hearing.
B. Case No. 220128007; Perry Sylvester Arnold, Jr., 620 Northeast 4th Avenue [Legal
Description: Lots 5 and 6 of Block 80, OKEECHOBEE, 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, 30-43 Public nuisances, 30-44 General
cleaning and beautification, Chapter 82, Section 82-124 Permits for an untagged vehicle,
junk and debris covering the entire property, exterior of home in need of cleaning, stacks
of lumber and tires and electrical cords all over the yard and two unpermitted structures.
The respondent is not a repeat violator. A SOWNOH was mailed via USPS certified
return receipt on January 28, 2022. The notice was received by Perry Sylvester Arnold
on February 2, 2022. The property was inspected and found to be non -compliant on
February 14, 2022, and March 1, 2022. To comply with City Ordinances, the property
owner needs to remove the untagged vehicle, all the junk and debris from the property,
obtain permits for the two structures and clean the exterior of the home. The City
recommends a fine of $50.00 per day, to begin 21-days after the date of the Special
Magistrate Hearing on March.8, 2022, unless the property owner brings the property into
compliance before that date, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case No.
220128007 to be in violation of Code of Ordinances Chapter 30, Sections 30-41
Disabled vehicles, 30-43 Public nuisances 30-44 General cleaning and
beautification, Chapter 82, Section 82-124 Permits and imposed a fine of $50.00
per day plus a one-time administrative fee of $50.00 should the property fail to
come into compliance within 21-days after the date of this Heacifig.
Vill. ADJOURN MEETING
There being no further business to come before the Special M gistrate,__.k�IH
adjourned at 6:23 P.M.
Roger Azcona, Special Magistrate
ATT ST:
(lAkiw= �,
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.
March 8, 2022, Special Magistrate Hearing, Page 2 of 2
AL
City of Okeechobee Code Enforcement
50 SE 2nd Street
Okeechobee, Florida 34974
(863)763-9795
October 5, 2021
Name: Yvette Banner
Address: 913 NW 9t" St
Address: Okeechobee, FL. 34972
Re: 913 NW 9t" St
Case ## 200824010
Dear Property Owner:
This letter is about the Code Enforcement Lien/Order dated April 13, 2021 notifying
you that a $50.00 per day fine was imposed beginning on May 28, 2021 against the
property listed above for failure to comply with City Ordinances.
As of August 28, 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 coWd result in foreclosure action being filed against
the property. The total amount due as of October 5, 2021 is $ 6,450.00 including the
$50.00 administrative fee. Please contact our office immediately at 863-763-9795 to
make arrangements to pay this fine.
Sinc rely, .-;
` Anthony Smith
Code Enforcement Officer
(863) 763-9795
City of Okeechobee Code Enforcement
50 SE 2nd Street
Okeechobee, Florida 34974
(863)763-9795
September 2, 2021
Name: Yvette Banner
Address: 913 NW 9th St
Address: Okeechobee, FL. 34972
Re: 913 NW 9th St
Case # 200824010
Dear Property Owner:
This letter is about the Code Enforcement Lien/Order dated April 13, 2021 notifying
you that a $50.00 per day fine was imposed beginning on May 28, 2021 against the
property listed above for failure to comply with City Ordinances.
As of August 28, 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 31, 2021 is $ 4,850.00 including the
$50.00 administrative fee. Please contact our office immediately at 863-763-9795 to
make arrangements to pay this fine.
Si `cerely,
Anthony Smith
Code Enforcement Officer
(863) 763-9795
Enclosure — Recorded Lien/Order
1b
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59
Prepared By/Return To:
City of Okeechobee
Code Enforcement Department
50 Southeast 2nd Avenue
Okeechobee, Florida 34974
CITY OF OKEECHOBEE, PETITIONER
-vs-
Yvette Banner, RESPONDENT
Official Records Fi 21004951 Page(s):1
Jerald D Bryant
Clerk of the Circuit Court & Comptroller
Okeechobee, FL Recorded 4/21/2021 11:52 AM
Fees: RECORDING $10.00
CODE ENFORCEMENT SPECIAL MAGISTRATE
FOR THE CITY OF OKEECHOBEE, FLORIDA
CASE NO.200824010
LIEN / ORDER
THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on April 13, 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: Yvette Banner
Property Location: 913 Northwest 9th Street, Okeechobee, FL. 34972
Legal Description: Lot 7 of Block 43, CITY OF OKEECHOBEE, Plat Book 1, Page: 10 and recorded in
Plat Book 5, Page 5, public records of Okeechobee County, Florida
Parcel: 3-15-37-35-0010-00430-0070 (33488)
CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of: City Code of
Ordinances, Chapter 30 Environment, Section 30-43 Public nuisances and Section 30-44 General cleaning and
beautification.
ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code
of Ordinances Chapter 30, Section 30-43 Public nuisances and Section 30-44 General cleaning and beautification
concerning your property located at 913 Northwest 9th Street, 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 $50.00 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 13th day of April 2021.
ATT�ST:P � � '_"' (7,-, , __
I
Christina Curl, Recording Secretary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this Ja day of jq0 r t 20 ?1, by Roger
Azcona and Christina Curl by means of k� physical presence or F.] online notarization, who produced
as identif(cation or is personally known to me and who did take an oath.
(stamp)=jesnna
�
i�st p>Fl�riae Signature of Notary: "Y
�r�vac ton HN107oII1E3 r10I2024
:� 3
Jerald D Bryant
Clerk of the Circuit Court & Comptroller
OKEECHOBEE COUNTY
312 NW 3rd Street
Okeechobee, FL 34972
Transaction #
2019095781
Receipt #
2021003615
Print Date:
4/21/2021 11:52:11AM
Cashier Date:
April 21, 2021
Client:
CITY OF OKEECHOBEE
7 Items
RELEASE
Instrument Number: 2021004947
RECORDING FEES
BOCC
FACC FEE
TRUST FUND FEE
COURT RELATED PRMT
$5.00
$2.00
0.10
1.00
1.90
LIEN
Instrument Number: 2021004948
RECORDING FEES
5.00
BOCC
2.00
FACC FEE
0.10
TRUST FUND FEE
1.00
COURT RELATED PRMT
1.90
LIEN
Instrument Number: 2021004949
RECORDING FEES
$5.00
BOCC
$2.00
FACC FEE
$0.10
TRUST FUND FEE
1.00
COURT RELATED PRMT
1.90
LIEN
Instrument Number: 2021004950
RECORDING FEES
5.00
BOCC
2.00
FACC FEE
$0.10
TRUST FUND FEE
$1.00
COURT RELATED PRMT
$1.90
LIEN
Instrument Number: 2021004951
RECORDING FEES
5.00
BOCC
2.00
FACC FEE
$0.10
TRUST FUND FEE
1.00
COURT RELATED PRMT
1.90
LIEN
Instrument Number: 2021004952
RECORDING FEES 5.00
BOCC 2.00
FACC FEE 0.10
TRUST FUND FEE $1.00
COURT RELATED PRMT $1.90
LIEN
Instrument Number: 2021004953
RECORDING FEES $5.00
BOCC $2.00
FACC FEE $0.10
TRUST FUND FEE $1.00
COURT RELATED PRMT 1.90
CHECK/CASHIERS CHECK
AMOUNT: $70.00 # 43114
Total Payments
Total Fees
$70.00
$70.00
Shortage $0.00
Check Overage $0.00
Rec By: Frances Conner
Deputy Clerk
www.clerk.co.okeechobee.f1.us/Official—Records. htm
SW,y.OF 0kyF`yop CITY OF OKEECH OBEE CODE ENFORCEMENT
o
T APRIL 13, 2021 .SPECIAL MAGISTRATE HEARING
� s
OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on
Tuesday, April 13, 2021, at 6:35 P.M. in the City Council Chambers, located at 55 Southeast 31d
Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Magistrate
Azcona.
11. ATTENDANCE
Assistant Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger
Azcona, Esquire, City Attorney Carlyn Kowalsky, Police Lieutenant Justin Bernst, Code
Enforcement Officer Anthony Smith, and Deputy City Clerk Bobbie Jenkins were present.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be added, deferred,
or withdrawn; Complied Request Item VI.E:. be moved to Item V.B. as requested by City Attorney
Kowalsky.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona approved the March 9, 2021, Hearing minutes.
B. This being a Quasi -Judicial proceeding, Special Magistrate Roger Azcona, Esquire
Collectively administered an Oath to: Code Officers Smith and Curl, and Mr. Gregory
Williams; 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. CASES COMPLIED, CONTINUED, OR AMENDED
A. Case No. 190215011; Barbara Mills, 1206 Southwest 5th Avenue [Legal Description: Lot
3, REPOGLE SUBDIVISION, Plat Book 2, Page 87, Okeechobee County public records]
has been satisfied and the settled fine reduction of $3,667.00 was approved by City
Council on April 6, 2021.
B. Case No. 200110013; Gregory and Sharon Williams, 501 Northwest 16th Street [Legal
Description: Lot 26 and the East one-half of Lot 25 of Block 52, CONNERS HIGHLANDS,
Plat Book 1, Page 21, Okeechobee County public records], Violation of Code of
Ordinances Chapter 30, Section 30-41 Disabled vehicle, Section 30-44 General cleaning,
and beautification.
Code Officer Smith testified property in compliance as of today. On March 18, 2020, the
owners were served with a Lien with a fine of $25.00 per day after 14-days proper
notification plus a $25.00 administrative fee. Fines accumulated to more than $9,000.00.
The City recommended reducing the number of days the property was out of compliance
to run from April 1, 2020 to October 15, 2020, totaling 197 days, due to COVID-19 and
cancelled Hearings, reducing the outstanding fine to $4,925.00. The City recommended
a 50 percent fine reduction to $2,462-50 plus a $25.00 administrative fee. Mr. Williams
submitted a fine reduction request form for the same amount as the City's
recommendation as well as a request to make payments. Special Magistrate Azcona
agreed and ruled to recommend the City Council approve the fine reduction, plus
admiinistrative fee, and to grant payment arrangements.
VI. NEW CASES
A. Case No. 200226002; Doc's Auto Service, Inc, 805 North Parrott Avenue [:Legal
Description: Lots 1,2, and 3 of (Block 48, OKEECHOBEE, Plat Book 5, Page 5,
Okeechobee County public records]. Violation of Code of Ordinances Chapter 30, Section
30-41 Disabled vehicle, Section 30-43 Public nuisances, and Section 30-44 General
cleaning and beautification.
Code Officer Smith testified this case started February 25, 2020, requiring tires to be
removed, grass to be mowed, and an abandoned vehicle needed to be moved. Notice of
Violation was mailed via certified USPS mail, and returned unclaimed.
April 13, 2021 Code Enforcement Hearing, Page 1 of 5
,o
VI. NEW CASES CONTINUED
A. Case No. 200226002 continued.
The property was posted on August 11, 2020. Property was inspected, still not in
compliance as of July 27, 2020 but was deferred due to COVID-19. The property was
posted again on August 31, 2020 for the September 8, 2020 Hearing, and continued to
be out of compliance. On September 8, 2020, the property was found in violation and a
fine of S100.00 per day to be imposed after '10-days proper notification plus a $50.00
administrative fee. A Lien/Order was recorded on October 13, 2020 and mailed on
October 16, 2020.
As of December 31, 2020, the property continued to be out of compliance. A phone
message was left on January 19, 2021 for a Michael Blackburn, due to no response, on
March 2, 2021, a 90-Day Letter was mailed via certified USPS mail. On March 8, 2021
Code: Enforcement received a phone call from Angela Waldron, Registered Agent and
President of Doc's Auto Service. Staff explained to her what was required to bring the
property into compliance. Once she notified them the property would be inspected, photos
would be taken to document compliance and stop the fines. Then further she could
request a fine reduction. On March 15, 2021, the property was still out of compliance, a
Statement of Violation/Notice of Hearing was mailed via certified USPS mail for the April
13, 2021 Hearing. The Notice of Hearing was received in Code Enforcement on March
20, 2021, the signature was illegible. The property was inspected again on March 22,
2021, the abandoned vehicle was removed, the grass cut, however the tires were not
removed. Code Enforcement received a call from Mrs. Waldron that she was unable to
attend tonight's Hearing. She advised her husband would be mowing again and moving
the tires today. However, she explained there were several bags of debris left on the
property from the construction company who recently installed the traffic light at North 9th
Street and Parrott Avenue. The property was inspected before Hearing and is still not in
compliance. Special Magistrate Azcona ruled that due to the property owner
refusing to come into compliance, the amount of time given, and the nature of the
violation continues to exist, he recommended the property be foreclosed.
B. Case No. 200824010; Yvette Banner, 913 Northwest 9th Street [Legal Description: Lot 7
of Block 43, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Okeechobee County
public; records]. Violation of Code of Ordinances Chapter 30, Sections 30-43 Public
nuisances, and 30-44 General cleaning and beautification.
Code Officer Smith testified a courtesy card was mailed on August 25, 2020, for violation
of Chapter 30 Section 30-43 and Section 30-44, abandoned boat, abandoned vehicle,
overgrown weeds, trash, and debris in yard. Statement of Violation/Notice of Hearing was
mailed via certified USPS mail on November 16, 2020. The Notice was received by
Michael Grosman on November 21, 2020, he was given till November 30, 2020 to correct
the violations. The property was posted on November 17, 2020 with Notice to Appear for
the December 8, 2020 Hearing. Case was not heard at the December 8, 2020 Hearing.
Statement of Violation/Notice of Hearing was mailed via certified USPS mail on December
16, 2020 for the January 12, 2021 (Hearing. The Notice was received by Yvette Banner
on December 21, 2020. Ms. Banner advised the Code Office that on December 31, 2020
a roll -off dumpster was being delivered on January 5, 2021. The Case was deferred to
the February 9, 2021 Hearing as Ms. Banner was working with Waste Management. The
February Hearing was cancelled. The property was inspected on March 3, 2021 and
found not in compliance. Statement of Violation/Notice of Hearing was mailed via certified
USPS mail on March 15, 2021 for the April 13, 2021 Hearing. The Notice was received
by Kevin Clausell on March 18, 2021. The property was inspected on March 22, 2021
and found not in compliance as the abandoned vehicle is still there, overgrown grass and
shrubs, debris, and trash in the yard.
Based on the evidence provided, Special Magistrate Azcona found Case No.
200824010 to be in violation of Cocle of Ordinances Chapter 30 Section 30-44
General cleaning a beautification .and Section 30-43 Public nuisances and imposed
a fine of $50.00 per day, plus a one-time administrative fee of $50.00 should the
property owner fail to come into compliance within 14-days after proper
notification.
April 13, 2021 Code Enforcement Hearing, Page 2 of 5
41
VI. NEW CASES CONTINUED
C. Case No. 210127006; Agustin Mendoza and Melinda Hernandez, 901 Southwest 11th
Avenue [Legal Description: Lots 9 and 10 of Block 20, SOUTHWEST ADDITION, Plat
Book 2, Page 7, 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 testified a courtesy card was mailed via regular USPS on January 27,
2021 for violation of Chapter 30 Section 30-44 General cleaning and beautification and
Section 30-43 Public nuisance, active building permit required for the permanent structure
that is in the process of being built:, overgrown with grass and shrubs, debris, and trash
on the property. The courtesy card provided for seven days to correct the violations; it
was returned on February 18, 2021 with no mail receptacle/unable to forward. The
property was inspected on March 4, 2021 and found not in compliance. Statement of
Violation/Notice of Hearing mailed via certified USPS mail on March 15, 2021 for the April
13, 2021 Hearing. The Notice was returned on March 22, 2021 no mail receptacle/unable
to forward. The property was inspected again on March 22, 2021, not in compliance,
overgrown grass, unfinished structure, and debris. Assistant Code Officer Curl
researched the property further and discovered a Post Office Box address related to the
property owners. The Statement of Violation/Notice of Hearing was remailed on March
23, 2021. The property was posted on March 30, 2021 with a Notice to Appear for the
April 13, 2021 Hearing. The property was inspected again on April 13, 2021, the
overgrown grass was mowed, SOME! of the debris was removed, the unfinished structure
remains without a permit and overgrown weeds remained along the property facing
Southwest 11th Avenue.
Based on the evidence provided, Special Magistrate Azcona noted hie would be more
comfortable in imposing a fine in Case No. 210127006 as there is a factual basis for
the allegations of violation of Chapter 30, Section 30-43, and Section 30-44 if it had
been posted since January and all correspondences mailed had not been returned.
The violation was noted in January, only the Notice to the Post Office Box was
delivered to the owner and the property was posted less than two weeks from
today. He ruled to defer the Case to the next hearing to allow more time for the
owners to bring the property into compliance and instructed the Code Enforcement
staff to make every attempt to obtain a mailing address to send the certified Notice.
Whether or not the certified Notice is able to be mailed, he would be more
comfortable imposing the fine at that time.
D. Case No. 191115015, Blue Springs Holdings, LLC, Northeast 91h Avenue [Legal
Description: Unplatted lands of the City, the Southwest quarter of the Northeast quarter
and North half of the Northwest quarter of the Southeast quarter South of the SAL
Railroad right-of-way; Southwest quarter of the Northwest quarter of the Southeast
quarter; the Southeast quarter of the Northwest quarter of the Southeast quarter; North
half of the Northeast quarter of the Southwest quarter; and the South half of the Northeast
quarter of the Southwest quarter lying East of Taylor Creek; fractional Northwest quarter
East of Taylor Creek and South of the SAL Railroad; and all that portion of land located
in the Northeast quarter of the Southwest quarter and the Southeast quarter of Northwest
quarter, South of the SAL Railroad in Section 15, Township 37 South, Ranger 35 East,
that lies East of Taylor Creek imprcved channel as recorded in Plat Book 3, Page 29,
Public Records of Okeechobee County, Florida: Less and except: a portion of the
Southeast quarter and a portion of the Southwest quarter of Section 15, Township 37
South, Range 35 East, OkeechobeE� County, Florida]. Violation of Code of Ordinances
Chapter 30 Section 30-43 Public nuisances and Section 30-44 General cleaning and
beautification.
Code Officer Smith testified this case; started November 18, 2019. It is approximately 50
acres of vacant land [located East of Taylor Creek, North and East of River Run Mobile
Home Park, West of Northeast 12th Avenue, South of the railroad, and North of East North
Park Street (State Road 70). It is extremely overgrown, needs to be cleared and cleaned.
Notice of Violation was mailed certified USPS on November 18, 2019, property was
mowed and cleaned. However, the debris was collected into large piles throughout the
property. On April 28, 2020, an email was received from Fire Chief Smith to Code
Enforcement that the County burn -ban had been lifted.
April 13, 2021 Code Enforcement Hearirig, Page 3 of 5
VI. NEW CASES CONTINUED
D. Case No. 191115015 continued.
On May 1, 2020, a resident contacted Code Enforcement to report the property still had
not been cleaned. Code Officer Sterling spoke with the property owner, Mr. Gad, on May
5, 2020 in reference to the burn -ban being lifted. On May 6, 2020, a Statement of Violation
and Notice of Hearing was mailed via certified USPS mail. It was returned unclaimed. Mr.
Gad contacted Code Officer Sterling and requested that he contact Mr. Philip Baughman
of B and B Site Development to inquire when the debris piles would be burned. Code
Enforcement Secretary Close contacted Mr. Baughman who advised he could not obtain
a burn permit due to the wind and he did not want to rent an $6,000.00 air curtain
destructor to be able to burn in windy conditions. Mr. Baughman was asked to keep Code
Enforcement updated on the status of this project. The property was inspected several
times and continues to be out of compliance.
The Case was found in violation of Chapter 30 Section 30-43 Public nuisance and Section
30-44 General cleaning and beautification on September 8, 2020. A fine of $100.00 per
day, beginning 14-days after proper notification, plus a $50.00 administrative fee was
imposed. The fine has accumulated to $16,400.00 plus the $50.00 administrative fee. The
City recommends foreclosure. Special Magistrate Azcona ruled, despite the attempts
to resolve the matter with the owner, seeing no progress being made, recommend
foreclosure.
E. Case No. 210210008, Sam Lane, 800 block Northwest loth Street, [Legal Description:
Lots 1 and 2 of Block 41, OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County
public records]. Violation of Code of Ordinances, Chapter 30 Section 30-44 General
cleaning and beautification and Section 30-41 Disabled vehicles.
These vacant lots are located at Northwest loth Street and 8th Avenue, have two
abandoned vehicles parked on the property. A courtesy card was mailed on February 10,
2021, giving 10-days to correct the violations. The property inspected on March 3, 2021,
not in compliance. However, the car had been removed, the RV remained, and the grass
needed to be mowed. On March 4, 2021, a Statement of Violation and Notice of Hearing
mailed certified USPS; and received by the owner, Mr. Lane on March 5, 2021. Mr. Lane
contacted Code Officer Smith on March 22, 2021 inquiring as to best method of removing
the abandoned RV. He was advised to contact a local junk yard. On April 13, 2021, the
property was not in compliance due to overgrown grass; the RV had been removed.
Based on the evidence provided, Special Magistrate Azcona found Case No.
210210008 to be in violation of Chapter 31) Section 30-44 General cleaning and
beautification and Section 30-41 Disabled vehicles and imposed a fine of $50.00
per clay, plus a one-time administrative fee of $50.00 should the property owner fail
to come into compliance within the 14-days after proper notification.
VII. REPEAT VIOLATORS
A. Case No. 210317014, Spirit CV Okeechobee FL LLC (CVS), 106 North Parrott Avenue,
[Legal Description: Lots 1,2,3,6, and 7 through 12, and the East to West alley between
U.S. Highway 441 on the West and Northeast 2nd Avenue on the East and lying South of
and adjacent to the South Line of Lots 1,2,3 and 6 and the South line of North/South alley
located in said Block 154 and North of ,and adjacent to the North line of Lots 7,8,9,10,11
and '12 of Block 154, CITY OF OKEECHOBEE, according to plat thereof recorded in Plat
Book 5, Page 5, LESS AND EXCEPT that portion of said Lots 7 and 8 taken for right of
way by order of taking recorded in Official Records Book 334, Page 1449, public records
of Okeechobee County, Florida]. Violation of Code of Ordinances, Chapter 30 Section
30-44 General cleaning and beautification.
The Violation was Noticed on March 17, 2021 as a repeat violator of Chapter 30 Section
30-44 General cleaning and beautification, dead vegetation that needs to be replaced.
Given 7-days to correct. Statement of Violation and Notice of Hearing was mailed certified
USPS mail on March 17, 2021 to the Corporate Office and signed by Fosiy and COVID-
19. The property was inspected on March 24, 2021, March 31, 2021, and April 13, 2021,
found not in compliance and in the same condition as on March 17, 2021. No attempts
have been made to correct the violation. The property is located within the main business
corridor of the City, the landscaping should be maintained.
April 13, 2021 Code Enforcement Hearing, Page 4 of 5
49
VII. REPEAT VIOLATORS CONTINUED
A. Case No. 210317014 Continued.
Based on the evidence provided, Special Magistrate Azcona found Case No.
210317014 in violation of Chapter 30 Section 30-44 General cleaning and
beautification and imposed a fine of $100.00 per day, plus a one-time administrative
fee of $100.00 should the property owner fail to come into compliance within 14-
days after proper notification.
Vill. ADJOURN MEETING
There being no further business to corne before the Special :Ml/agisstre6,' the Hear' g was
adjourned at 7:40 P.M.
Roger Azcona, Spe `ial Magistrate_ _
ATTEST: P 4.4 _
�� ,
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.
April 13, 2021 Code Enforcement Hearing, Page 5 of 5
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Okeechobee Okeechobee Police Code Enforcement
50 SE 2nd Ave Okeechobee Florida 34974
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE, FLORIDA.
Petitioner,
vs
Respondent,
Yvette Banner
Date 03/15/2021
CASE NO. 200824010
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 $ 30-44
2. Address and Parcel# where violation exists:913 NW 9th St., Okeechobee, FL. 34972
3-15-37-35-0010-00430-0070 (33488)
3. Name and address of property owner or person in charge of location where violation exists:
Yvette Banner, 913 NW 9th St, Okeechobee, FL. 34972
4. Description of ViolationAbandoned boat, overgrown weeds, grass, trash and debris in yard
5. Date violation must be corrected byMar 29, 2021
6. Date violation first observed on or about$/25/20
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 13th
day April 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.
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 ]a 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.
/0
Code Enforcement Hearing January 12, 2021
Case Name & Number:
Yvette Banner, Case #200824010
Violation. Number & Section:
CH 30 Sect: 30-43-Public Nuisance & 30-44-General Cleaning & Beautification
Description of Violation:
Abandon boat, overgrown weeds, grass, trash, and debris in yard
Photos:
See attached
Date of Courtesy Card/NOV sent:
Sent Courtesy Card-08/25/20, Sent NOV/NOH on 11/16/20, received on
11/21/20, signed by Michael Grsham, Case skipped, NOV/NOH sent on 12/16/20,
signed by Yvette Banner. Posted property on 11/17/20.
Is respondent a Repeat Violator?
No
History of Case:
Spoke with Ms. Banner roll off dumpster being delivered on 1/5/21, will call and
let us know.
City Recommendation:
Defer to February working with Waste Management
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50 SE 2nd Ave Okeechobee Florida 34974`
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE, FLORIDA.
Petitioner,
vs
Date 12/16/2020
Respondent,
CASE NO.200824010
Yvette Banner
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 Sect: 30-43 & 30-44
2. Address and Parcel# where violation exists:913 NW 9th St., Okeechobee, FL 34972
3. Name and address of property owner or person in charge of location where violation exists:
Yvette Banner, 913 NW 9th St., Okeechobee, FL 34972
4. Description of ViolatiorNblic Nuisance & General Cleaning & Beautification.
5. Date violation must be corrected bypec 30, 2020
6. Date violation first observed on or about$/24/20
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 12th
day January 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 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.
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55 SE 3rd Avenue, Okeechobee, FL on the $" day
of J:) E-C, 20_Zp___, at 6:30pm
Dated this �
day of the month of /Job the year of 202a
Signed: S7Lre4lA16 Title: CnJ,6:�-,�✓(e�rtciFNF�7`
City of Okeechobee
55 SE 3rd Avenue - Okeechobee, FL 34974
863 ��7 — � lq�— Florida Statute 705
■ Complete items 1, 2, a.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
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Yvette Banner
91-3 . NW- 9th Street
Oke obee, FL 34972
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Okeechobee Police Code Enforcement
50 SE 2nd Ave Okeechobee Florida 34974
CODE ENFORCEMENT FOR 863-763-9795 Phone
THE CITY OF 863-763-7804 FAX
OKEECHOBEE, FLORIDA.
Petitioner,
vs
Respondent,
Yvette Banner
Date 11 /16/2020
CASE NO. 200824010
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of
Okeechobee, I (hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives
notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section: CH 30, Sect: 30-43 & 30-44.
2. Address and Parcel# where violation exists.913 NW 9th St., Okeechobee, FL
3. Name and address of property owner or person in charge of location where violation exists:
913 NW 9th St., Okeechobee, FL 34972
4. Description of Violatio PUBLIC NUISANCE & GENERAL CLEANING & BEAUTIFICATION
5. Date violation must be corrected byNov 30, 2020
6. Date violation first observed on or about$/25/20
bet
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 Der,_ 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 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.
I lac e%C�rd
8/3/2020
MapPrint_Okeechobee-County-Property-Apprs 8-3-2020 r
1._�_ t.i•�=�',', "fir , .. .. -,�
U -'r 104 3ii 18t3 1 2 200 2i3,4 260 ft
Okeechobee County Property Appraiser Mickey L. Bandi, CFA I Okeechobee, Florida 863-763-4422
PARCEL: 3-15-37-35-0010-00430-0070 (33488) 1 MULTI-FAM <10 (0800)10.224 AC NOTES:
CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 AND RE -RECORDED IN PLAT BOOK 5 PAGE 5) LOT 7 BLOCK 43 f
BANNER YVETTE 2020 Working Values
Owner: 913 NW 9TH ST Mkt Lnd $4,459 Appraised $43,032
OKEECHOBEE, FL 34972-2001 Ag Lnd $0 Assessed $43,032
913 NW 9TH ST, Bldg $37,644 Exempt $0
Site: OKEECHOBEE XFOB $929 county:$40,978''
Sales 1/30/2017 $100 IL) Just $43,032 Total city:$40,978 -
Info t211s/20t3 850o I(U) Taxable other:$40,978
2/1/1988 $o I(U)
school:$43,032 Okeechobee County, FL
This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information
should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's
use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. GrizzlyLogic.com
www.okeechobeepa.com/gis/gisPrint/