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2022-07-12 CE77 .aF•oKFEti CITY OF OKEECHOBEE CODE ENFORCEMENT JULY 12� 2022� SPECIAL MAGISTRATE HEARING Lao . ; . OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, July 12, 2022, at 6:05 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, 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 CHANGES TO AGENDA Special Magistrate Azcona asked whether there were any agenda items to be added, deferred, or withdrawn; there were none.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 May 10, 2022, Hearing Minutes. B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to: Code Officers Smith, Curl, and Mrs. Jesenia Lopez Henao; 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. FINE REDUCTION REQUESTS A. Case No. 220126008; Nika's Investments of FL Inc, 814 Southeast 81h Street [Legal Description: Lot 7 of Block 5, WILCOX SHORES, Plat Book 3, Page 5, Okeechobee County public records]. Code Officer Smith testified that the property was found in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification on March 8, 2022, where a fine in the amount of $50.00 per day starting 21-days after the date of the Hearing, plus a one-time $50.00 administrative fee was imposed. The imposed fine began accrual on April 5, 2022. The property was brought into compliance on April 20, 2022. The City recommends a fine reduction of 75 percent, plus a $50.00 administrative fee, totaling $250.00. Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by 75 percent, plus a $50.00 administrative fee to be paid within 60 days. VI. COMPLIED CASES A. Case No. 220519009; Donny R. Phillips, 203 Southeast 81h Street [Legal Description Lot 2 of TAYLOR COVE, Plat Book 5, Page 60, 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 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. B. Case No. 220329010; Tom Nguyen, 210 Southeast 31d Street [Legal Description Lot 1 of Block 208, FIRST ADDITION TO OKEECHOBEE, Plat Book 5, Page 6, 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 30-40 Junk, 30- 41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. VII. NEW CASES A. Case No. 220519008; Carl and Rebecca Maxwell, 315 Southwest 2nd Street [Legal Description Lots 4,5, and 6 of Block 175, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. 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 piles of debris down the fence line and in the back of the property, overgrown grass, and weeds. The respondent is not a repeat violator. A Courtesy Card was mailed via July 12, 2022, Special Magistrate Hearing, Page 1 of 2 VII. NEW CASES CONTINUED A. CONTINUED: USPS regular mail on April 21, 2022. The property was inspected and found to be non -compliant on May 11, 2022. A Statement of Violation/Notice of Hearing was mailed via USPS certified return receipt on May 19, 2022. The notice was received by Carl Maxwell on May 23, 2022. The property was inspected and found to be non- compliant on July 5, 2022 and July 6, 2022. To comply with City Ordinances the property owner needs to remove the piles of debris from the property and cut the overgrown grass and weeds. The City recommends a fine of $50.00 per day, to begin 21-days after the Special Magistrate Hearing on July 12, 2022, 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. 220519008 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. 220607003; Melyssa D. Lecrenier, 809 Southeast 10th Street [Legal Description: Lot 54, OKEECHOBEE ESTATES, Plat Book 3, Page 20, 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 0-41 Disabled vehicles, 30-44 General cleaning and beautification. Vill. ADJOURN MEETING There being no further business to come before the Special Ma i t earlW was adjourned at 6:36 P.M. ger Azcona, Spial Magistrate ATT ST: Chris ina 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. July 12, 2022, Special Magistrate Hearing, Page 2 of 2 `y Of CITY OF OKEECHOBEE CODE ENFORCEMENT s JULY 12, 2022, SPECIAL MAGISTRATE HEARING DRAFT OFFICIAL MINUTES CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, July 12, 2022, at 6:05 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, City Attorney Greg Hyden, 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 May 10, 2022, Hearing Minutes. B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to: Code Officers Smith, Curl, and Mrs. Jesenia Lopez Henao; 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. FINE REDUCTION REQUESTS A. Case No. 220126008; Nika's Investments of FL Inc, 814 Southeast 8th Street [Legal Description: Lot 7 of Block 5, WILCOX SHORES, Plat Book 3, Page 5, Okeechobee County public records]. Code Officer Smith testified that the property was found in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification on March 8, 2022, where a fine in the amount of $50.00 per day starting 21 days after the date of the Hearing, plus a one-time $50.00 administrative fee was imposed. The imposed fine began accrual on April 5, 2022. The property was brought into compliance on `April 20, 2022. The City recommends a fine reduction of 75 percent, plus a $50.00 administrative fee, totaling $250.00. Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by 75 percent, plus a $50.00 administrative fee to be paid within 60 days. VI. COMPLIED CASES A. Case No. 220519009; Donny R. Phillips, 203 Southeast 8th Street [Legal Description Lot 2 of TAYLOR COVE, Plat Book 5, Page 60, 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 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. B. Case No. 220329010; Tom Nguyen, 210 Southeast 3rd Street [Legal Description Lot 1 of Block 208, FIRST ADDITION TO OKEECHOBEE, Plat Book 5, Page 6, 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 30-40 Junk, 30- 41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. VII. NEW CASES A. Case No. 220519008; Carl and Rebecca Maxwell, 315 Southwest 2nd Street [Legal Description Lots 4,5, and 6 of Block 175, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records]. 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 piles of debris down the fence line and in the back of the property, overgrown grass, and weeds. The respondent is not a repeat violator. A Courtesy Card was mailed via Draft July 12, 2022, Special Magistrate Hearing, Page 1 of 2 VII. NEW CASES CONTINUED A. CONTINUED: USPS regular mail on April 21, 2022. The property was inspected and found to be non -compliant on May 11. 2022. A Statement of Violation/Notice of Hearing was mailed via USPS certified return receipt on May 19, 2022. The notice was received by Carl Maxwell on May 23, 2022. The property was inspected and found to be non- compliant on July 5, 2022 and July 6. 2022. To comply with City Ordinances the property owner needs to remove the piles of debris from the property and cut the overgrown grass and weeds. The City recommends a fine of $50.00 per day, to begin 21 days after the Special Magistrate Hearing on July 12, 2022, 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. 220519008 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. E. Case No. 220607003; Melyssa D. Lecrenier, 809 Southeast 10th Street [Legal Description: Lot 54, OKEECHOBEE ESTATES, Plat Book 3, Page 20, 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 30-41 Disabled vehicles, 30-44 General cleaning and beautification. Vill. ADJOURN MEETING =_ _ There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:36 P.M. ler Azcona, Special Magistrate 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. 3 a Y ,t Draft July 12, 2022, Special Magistrate Hearing, Page 2 of 2 W . )h, iNDEP6NDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of - Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 07/06/22 (Print Dates) or by publication on the newspaper's website, if authorized, on 07/06/22 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Muros Sworn to and subscribed before me by means of Physical Presence 0 Online Notarization physical presence or online notarization, this 6th day of July. 2022. F . !AWET SUE MADRAY iall'' COMMISSION # HH 129146 t� EXPIRES: ivtay 12.2025 "'''e'o: ;;b?, • 3oAlld Thru i,ioitary Public Under,rl!ers (Signature of Notary Public) STAMP OF NOTARY PUBLIC Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CITY OF OKEECHOBEE PUBLIC NOTICE CODE ENFORCEMENfSPECIAL MAGISTRATE HEARING NOTICE IS HEREBY GIVFAT Cut Cte Cry d OFee3nbee Cade ErYaae_ meet � Magid - oxdrxt a puhk hearrg m July 12, 2022, 6 M=rRR.. thaeaftEr as possible, at City Tall, 55 SE 3rd A%e, Rm 200, The is irhvited ba atterd and be heard m a8 rtubas of the .'.:be awilableat the ma4ng ormry be vewN/dahrdoadal priorm the meeting born the webst� LNgs/�wrnvrlyvfd�dnlxecorN%'96dahin- r#s{�thtrnl. BE ADvcsED Cut shorid 1� uhtad m sthov arty doaurher#, pidue, video, a d�rs m the Sa�ial t+4�g-shale in sippat aop�on to airy Ign m Cie agerda,ampy thedoa:7l p[A.r mdeo,orianm�be Vu4dedtDCe Cade Erfaaarrl# Seaetry bx the Glys remrds. ANY PERSON DEaD- ING TO APPEAL arty dai9ai nude W Cie SpshaI Mag-strate vedi respect to anyrhaltao3' d at Chicmaetirgwinagltoeesuea tu' record dCheproaeedrgis made and the record ircJuieste and edehm tpon which the appeal wil be based. In amordarre wM the anaions wd, DsabM.es Acl;p poeemr �swath riebiltes n�Lhg �eaaI aaoorrrnodatiah to Par- a33ateh.tiar aedrI UoMactthe Gode 6hfaaarhat0 rope un orcan essdays�� Iipalrei: flaida Relay 7-I-I no Ethan fou ONE OR MORE CITY OF OKEECHOBEE CDUNCR MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By. Roger Amore, Spedal Mag'ente 5VS38 LON 7/6/2022 �3456 8 Q� RECVjVVD Ile N 'D i �A �j.°F,°K PUBLIC MEETING NOTICE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforcement Special Magistrate will conduct a public hearing on July 12, 2022, 6 PM, or as soon thereafter as possible at City Hall, 55 SE 3rd AVE, 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/AgendaMinutes-Code-Enforcement.htmI 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 BB/Website Notice Posted: 7/5/22, SM Posted 7/5/22-MC CITY OF OKEECHOBEE CODE ENFORCEMENT JULY 12, 2022 SPECIAL MAGISTRATE HEARING 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 HANDWRITTEN MINUTES - CHRISTINA CURL Mission Statement: The mission of the City of Okeechobee is to provide accommodating services that enhance the quality of life for our citizens and businesses in a fiscally sound manner. Vision Statement: The City of Okeechobee will maintain a vibrant and prosperous community built on our heritage, history, unique character, and small-town atmosphere. CALL TO ORDER A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday July 12, 2022, at 6:05 P.M. in the City Council Chambers, located at 55 Southeast 311 Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. ATTENDANCE Present Absent Special Magistrate Roger Azcona, Esquire _x_ City Attorney Greg Hyden _x_ Police Lieutenant Bettye Taylor _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 May 10, 2022 Hearing Minutes. B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively administered an of Oath to Code Officers Smith, Curl, and Mrs. Jesenia Lopez Henao. V. FINE REDUCTION REQUESTS A. Case No. 220126008; Nika's Investments of FL Inc, 814 Southeast 8th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 1). RA -are you here for this case JLH-yes RA -please state your name for the record JLH-Jesenia Lopez Henao RA -okay Mrs. Lopez let's hear the allegations from the City of Okeechobee AS -she was found in violation of CH 30, Section 30-43 Public nuisances, 30-44 General cleaning and beautification for trash and debris in the rear and sides of the property. The respondent is not a repeat violator. The respondent was first notified on January 3, 2022 via Courtesy Card. On March 8, 2022, the Case was presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and imposed a fine of $50.00 per day to begin 21 days after the date of this Hearing, plus $50.00 administration fee. On March 28, 2022, the property owners came into the office advised Code Officer Smith that they were out the country and just received Lien/Order. That if I could give them an extension before recording the Lien Order. I advised them that the property had to be in compliance by Page 1 of 6 V. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: Friday. On April 5, 2022, Code Officer Smith inspected the property, not in compliance. The Lien/Order was recorded at the Okeechobee County Clerk of Court. Official Records File #2022004692 Page(s) 1 and mailed via USPS certified return receipt to the property owner and agent of record. The notice was returned unclaimed on April 18, 2022. On April 18, 2022, the property owner and the tenant came into the office and spoke with Code Officer Smith, and I explained what they needed to do to bring the property into compliance. The tenant advised that the property would be cleaned up by Wednesday, and that I could come inspect the property. On April 20, 2022, Code Officer Smith inspected the property, in compliance issues have been corrected. Fines stop accruing: $800.00 plus $50.00 administration fee. On May 5, 2022, the property manager Henao Lopez came into the office and filled out a Fine Reduction Request Form with Code Officer Curl for the July 12th Hearing. On May 5, 2022, SOV/NOH for the July 12th Hearing mailed via USPS certified return receipt, received on May 10, 2022, signature not legible. The City recommends a fine reduction of 75% plus a $50.00 administrative fee, reducing the fine from $800.00 to $200.00 plus the $50.00 administrative fee, totaling $250.00. RA -okay anything other than that Mr. Smith. AS -no your honor RA -Mrs. Lopez as you heard the City is already recommending a fine reduction of 75% reducing your fine from $800.00 to $200.00 plus a standard $50.00 administrative fee so your total is $250.00. Do you have any objections to that fine reduction? JLH-when we received the letter, we were on our honeymoon, and when we came back that is when we received it and I took action right away, I spoke with him several times and I even brought the tenant in to speak with him to see what needed to be done, there is not a shed on the property and he had a lot of things like a kids bike and all that on the property outside RA -so this property is actually a tenant of yours, this is a rental property JLH-yes, a rental RA -the property in here belongs to your tenant JLH-yes, that's where he lives RA -so the tenant would have known that this was in violation JLH-I mean we weren't really aware of anything until we received the letter RA -okay, when did you receive the letter JLH-it was in April if I am not mistaken, at the end of March I spoke with Anthony I believe, I came from my honeymoon on March 29th RA -okay, this was found in violation because as my understanding is that you or the tenant was actually notified as of January V with a Courtesy Card. There was a violation in this case because the city had established that there was a violation, and the resident was properly notified JLH-when we received the letter in my defense it was after we came back from our honeymoon and the next day or the following day, I called Mr. Anthony and talked to him about it. RA -okay, Mr. Smith is there anything else you would like to say in response to this AS -everything she is saying is correct once they came back from what she said she was on her honeymoon and she called me on the 29th we spoke and I told her what they needed to do to get the property into compliance, but they still didn't get the property into compliance until the 20th of April, 2022. They got found guilty on March 8, 2022, 1 spoke with them on March 28, 2022 and they told me that they would have it done by Friday, and I inspected they property and it was still not in compliance, so the lien/order got recorded on April 5, 2022 with the County Clerk of Court. We also sent the lien/order out by USPS certified return receipt and on April 18th the property owner and the tenant came into the office, and I explained what needed to be done to bring the property into compliance, the tenant advised that they would have it cleaned up by Wednesday and that I could come and inspect the property. So, on April 201h I inspected the property, and it was in compliance, the issues had been corrected you can see the photos and the fine had accrued to $800.00 by that time. RA -okay AS -and they were like $800.00 is a lot so I advised them that they could put in for a fine reduction, so they did and here we are now. Page 2 of 6 V. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: RA -okay, Mrs. Lopez I did make a finding because there was a code violation in this case and it does sound like you were properly notified in this case, and the city is already giving you a considerable fine reduction of 75%, so I will find that the reduction in this case is reasonable 25% remaining, so, how long will it take you to pay the lien JLH-pay in three months RA -okay, is the City okay with that AS -three months? RA -can you do two months it is $250.00 so it would be $125.00 a month JLH-okay, we can do that RA -okay so just make arrangements with Mrs. Curl or Mr. Smith JLH-okay, so the fine is $250.00 RA -yes, the fine is $250.00 due within 60 days, just pay half within 30 days JLH-okay RA -so this case will be payable in 60 days, thank you Mrs. Lopez. Mr. Hyden is there anything else you would like to add GH-no thank you, everything is fine, nothing further from the City RA -okay, thank you VI. COMPLIED CASES A. Case No. 220519009; Donny R. Phillips, 203 Southeast 8th Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 2). AS -Violation of CH 30, Sections 30-41 Disabled vehicles for disabled/untagged vehicle, 30-43 Public nuisances for junk/debris all over the property, 30-44 for grass in need of being cut. The respondent is not a repeat violator. The respondent was first notified on March 28, 2022 via Courtesy Card. On April 8, 2022 Code Officer Curl received a letter from Michelle Arnold who is the sister and POA for Donny Phillips who is in the Dept. of Corrections requesting more time to clean up the violations at 203 SE 8th St. Her contact number is 863-447-8891. Code Officer Curl made contact with Michelle Arnold ref to the letter received she stated that she would be meeting with the tenants today to speak with them about getting the property cleaned up and the vehicle removed. She also stated that the mailing address should be 2579 NE 60th Ct, Okeechobee, FL. 34972. 1 advised her that we would give her 14 more days since she just received the notice today and as long as she keeps in touch with us, and we can see that progress is being made that we would work with her on allowing more time before it goes to the Magistrate. On April 19, 2022 Michelle Arnold came in the office and spoke with Code Officer Smith. She stated that progress was being made at the property. The tenants had registered and tag the bucket truck and the trailers. Scheduled the sofa to be picked up and the lawn had been cut. They were going through the stuff on the trailers and the car port. Michelle also advised that she is going to continue to help the tenants get the property into compliance. She advised that it would take her some more time to get the property into compliance because the tenants are elderly. I advised her to continue to keep us abreast of the situation. On April 29, 2022 Michelle Arnold came into the office and spoke with Code Officer Curl, she stated that the sofa and two piles of the debris have been removed and she would be helping the tenants organize more this weekend. On May 3, 2022 Code Officer Smith inspected the property, still not in compliance. On May 18, 2022 Code Officer Smith inspected the property, still not in compliance. On May 19, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the July 12, 2022 Hearing, received on May 21, 2022 according to USPS tracking. On June 6, 2022 Code Officer Smith spoke with Ms. Arnold, and she stated to me that she was still working with the tenants on getting the property cleaned up. She advised that she should be done by the end of the month. On June 22, 2022 Ms. Arnold called in and spoke with Code Officer Smith advising that the property was cleaned up and that I could go out to inspect the property. She stated that she would call in tomorrow to see if anything else needed to be done. On June 23, 2022 Code Officer Smith inspected the property: 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 30-41 Disabled vehicles, 30-43 Public nuisances, and 30-44 General cleaning and beautification. Page 3 of 6 VI. COMPLIED CASES CONTINUED A. CONTINUED: RA -anything you would like to add Mr. Hyden on behalf of the City of Okeechobee GH-I just want to confirm Code Officer Smith you stated that the property is in full compliance as of June 23rd AS -that is correct GH-nothing further RA -I will make a finding in this case in the Case of the City of Okeechobee vs. Case #220519009; Donny R. Phillips that based on the testimony and exhibits presented by the certified code enforcement officer for the City of Okeechobee Mr. Anthony Smith that the respondent in this case Mr. Donny R. Phillips was found in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. There was a disabled/untagged vehicle, there was junk in the middle of the property and the grass was not kept. Based on the testimony and the pictures presented as exhibits as they are dated, Mr. Smith you took all these photos AS -yes, I did RA -and they are an accurate representation of the property on the dates the photos were taken AS -yes, they are RA -I will find that there is factual basis for the allegations in this case and find the respondent in this case in violation, the respondent in this case was also properly noticed they were first notified of the violation on March 28th but did not come into compliance until June 23rd and based on the recommendation of the City's certified code enforcement officer and represented by his attorney I will follow the recommendation in this case that there be no action but it shall be noted that the respondent in this case was in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification and will be noted as such even though they have now come into compliance. Is there anything else Mr. Smith AS -no sir RA -okay that will be all B. Case No. 220329010; Tom Nguyen, 210 Southeast 3d Street, Violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 3). AS -Violation of CH 30, Sections 30-40 Junk for junk, piles of wood, disabled lawnmowers, disabled vehicles (RV) on the property, 30-43 Public nuisances for debris and trash on the property, the outside of the home and the roof in need of being cleaned, 30-44 General cleaning and beautification for overgrown vegetation needing to be cut. The respondent is not a repeat violator. The respondent was first notified on March 14, 2022 via Courtesy Card. On March 18, 2022 Mr. Nguyen came into the office and spoke with Assist Code Officer Curl stating that he has corrected the cited violations and would like the property inspected for compliance. Mr. Nguyen was advised that Code Officer Smith would be out on Monday or Tuesday to inspect the property. On March 22, 2022 Code Officer Smith inspected the property, not in compliance. On March 29, 2022 Code Officer Smith inspected the property, not in compliance. On March 29, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the May 10th Hearing, received by Tom Nguyen on April 5, 2022. On April 5, 2022, Mr. Nguyen came into the office and spoke with Code Officer Smith; he was advised on what he needed to correct to bring the property into compliance. On April 27, 2022, Code Officer Smith inspected the property, not in compliance. On May 3, 2022, Code Officer Smith inspected the property, not in compliance. On May 10, 2022, Case was presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day, plus a $50.00 administration fee imposed. On May 31, 2022, Code Officer Smith inspected the property, in complete compliance at this time. 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 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, and 30-44 General cleaning and beautification. RA -is there anything you would like to add Mr. Hyden on behalf of the city GH-no your honor Page 4 of 6 VI. COMPLIED CASES CONTINUED B. CONTINUED: RA -in this case of the City of Okeechobee vs Tom Nguyen Case #220329010 1 will find based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith that the respondent Mr. Nguyen is in violation of Chapter 30, Sections 30-40 Junk for having junk on his property, 30-43 Public nuisances for having debris and trash on the property and the outside of the home and roof in need of being cleaned, 30-44 General cleaning and beautification for overgrown vegetation. I have examined the affidavits presented by the City of Okeechobee, the pictures do provide factual basis for the testimony of the certified code enforcement officer for the allegations and I will find the respondent in this case in violation they were first notified on March 18, 2022 and did not come into compliance until May 31, 2022. 1 will follow the City's recommendation that no action on this matter be taken as the respondent did come into compliance but will note that between the dates of March 18 to May 31, 2022 the respondent was in violation of Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification. Does the City request anything else Mr. Smith AS -no they do not RA -okay that will be all for this case, next case VII. NEW CASES A. Case No. 220519008; Carl and Rebecca Maxwell, 315 Southwest 2nd Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 4). AS -Violation of CH 30, Sections 30-43 Public nuisances for piles of debris down the fence line and the back of the property, 30-44 General cleaning and beautifications for overgrown grass and weeds. The respondent is not a repeat violator. The respondent was first notified on March 29, 2022 by Courtesy Card via regular mail. On April 6, 2022, the Courtesy Card was returned unclaimed. On April 21, 2022, a Courtesy Card was sent out via regular mail to new address in attempt to make contact with the property owners. Given 14 days to correct violations. On May 11, 2022 Code Officer Smith inspected the property, non -compliant. On May 18, 2022 Code Officer Smith inspected the property, still non -compliant. On May 19, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the July 12, 2022 Hearing. Received by Carl Maxwell on May 23, 2022. On July 20, 2022 Code Officer Smith inspected the property, non -compliant. On July 5, 2022 Mr. Maxwell called into the office and spoke with Code Officer Smith and stated that the grass had been cut and the debris would be removed today, and I could come inspect the property tomorrow. On July 6, 2022 Code Officer Smith inspected the property, non -compliant. Spoke to the property owner and advised him what needed to be done to bring the property into compliance. To comply with City Ordinances, the property owner needs to remove the debris from the property and cut the grass. The City recommends a fine of $50.00 per day to begin 21 days after the date of the Special Magistrate Hearing on July 12, 2022, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. RA -is there anything you would like to add Mr. Hyden on behalf of the city GH-yes sir, Code Officer Smith just to confirm the address that you sent the notice to the second time you were able to make contact with the property owner who you spoke with on several occasions, correct AS -that is correct GH-and the fine you are recommending that is consistent with the city's fee/fine schedule, correct AS -that is correct GH-nothing further, thank you, your honor RA -in the case of the City of Okeechobee vs Case #220519008; Carl and Rebecca Maxwell based on the testimony of the certified code enforcement officer and the exhibits presented in this case I will find that the respondents in this case Carl and Rebecca Maxwell in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having debris down the fence line and back of property and overgrown grass and weeds. I have examined the exhibits submitted in this case and they show there is plenty of factual basis for the allegations in this case. I can see as of May 18, 2022 there is still a bunch of overgrown vegetation and the exhibit dated July 6, 2022, 1 can see that there is still a pile of debris along with the overgrown vegetation and together with the testimony of the certified code enforcement officer I will make a Page 5 of 6 VII. NEW CASES CONTINUED A. CONTINUED: finding that the respondents in this case was properly noticed and have been given plenty of opportunity to correct the violations. So, I find that the City's recommendation of a fine of $50.00 per day to begin 21 days after the date of this hearing July 12, 2022 unless the property owner brings the property into compliance on or before that date plus a $50.00 administrative fee. Anything else Mr. Smith AS -no Sir RA -anything else Mr. Hyden GH-no your honor RA -okay that is what we will order B. Case No. 220607003; Melyssa D. Lecrenier, 809 Southeast 10t" Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-44 General cleaning and beautification (Exhibit 5). AS- Violation of CH 30, Sections 30-41 Disabled vehicles for disabled/untagged vehicles in the front and side yard, 30-44 General cleaning and beautification for a mattress leaning up against a car. The respondent is not a repeat violator. The respondent was first notified on May 19, 2022 via Courtesy Card. On June 6, 2022 Code Officer Smith inspected the property: non -compliant. On June 7, 2022 SOV/NOH mailed via USPS certified return receipt for the July 12th Hearing, received by Lecrenier/COVID-19 on June 16, 2022. On July 6, 2022 Code Officer Smith inspected the property: 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 30-41 Disabled vehicles, 30-44 General cleaning and beautification. RA -anything you would like to add Mr. Hyden on behalf of the City GH-no thank you RA -in the case of the City of Okeechobee vs Melyssa Lecrenier, Case #220607003 1 will make a finding that the respondent Ms. Lecrenier is in violation of Chapter 30, Sections 30-41 Disabled vehicles for having an untagged vehicle on her property, 30-44 General cleaning and beautification for having a mattress leaning up against a car. I find that there is factual basis for the allegations in this case as testified to by the certified code enforcement officer. The respondent in this case was properly notified and the exhibits presented in this case dated May 19, 2022 shows what looks like a disabled vehicle there seems to be two disabled vehicles there as the certified code enforcement officer testified it does not look like the vehicles are being driven in this case I also see a picture of a mattress leaning on the side of a vehicle on the exhibit dated May 19, 2022 and I see that there is uncared for vegetation that seems to be growing all over, so will find the respondent in this case is in violation of the City of Okeechobee ordinances and I will follow the City's recommendation of no action on this matter, but it will be noted that the respondent was in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-44 General cleaning and beautification until they came into compliance on July 6, 2022. They were in violation for about 30 days, from May 19, 2022 until July 6, 2022, we will note that they were in violation and came into compliance. Is there anything else the City would like to add? AS -no your honor RA -so that is what we will do VIII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:36 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 6 of 6 CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 JULY 129 2022 6:00 P.M. Sign in sheet Name Case/Company Phone Optional CITY OF OKEECHOBEE CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 OFFICIAL AGENDA JULY 12, 2022 6:00 P.M. Mission Statement: The mission of the City of Okeechobee is to provide accommodating services that enhance the quality of life for our citizens and businesses in a fiscally sound manner. Vision Statement: The City of Okeechobee will maintain a vibrant and prosperous community built on our heritage, history, unique character, and small-town atmosphere. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE Special Magistrate Roger Azcona, Esquire City Attorney Greg Hyden Police Lieutenant Bettye Taylor 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 -May 10, 2022. B. Administration of Oath -anyone giving testimony is required to be sworn in. V. FINE REDUCTION REQUESTS A. Case No. 220126008; Nika's Investments of FL Inc, 814 Southeast 8t" Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 1). VI. COMPLIED CASES A. Case No. 220519009; Donny R. Phillips, 203 Southeast 8t" Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 2). B. Case No. 220329010; Tom Nguyen, 210 Southeast 3d Street, Violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 3). VII. NEW CASES A. Case No. 220519008; Carl and Rebecca Maxwell, 315 Southwest 211 Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 4). B. Case No. 220607003; Melyssa D. Lecrenier, 809 Southeast 1011 Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-44 General cleaning and beautification (Exhibit 5). Vill. 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 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 1 of 1 Exhibit 1 V. A. Exhibit #1 Case #220126008 Nika's Investments of FL Inc. Exhibit 1 Code Enforcement Hearing July 12, 2022 Case Number, Name and Address: Case #220126008; Nika's Investments of FL Inc, 814 SE 81h St Code Section Violated Description of Violation Cha ter 30, Section 30-43-Public nuisances Trash and debris in the rear and on the sides of the property Chapter 30, Section 30-44 General cleaning and beautification Photos: See attached Is respondent a Repeat Violator? m Summary: • Respondent was first notified on January 3, 2022 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Received Date by received/returned March 8, 2022 Case presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and imposed a fine of $50.00 per day to begin 21 days after the date of this Hearing, plus 50.00 administration fee March 28, 2022 Property owners came into the office advised Code Officer Smith that they were out the country and just received Lien/Order. That if I could give them an extension before recording the Lien Order. I advised them that the pro erty had to be in compliance by Friday April 5, 2022 Code Officer Smith inspected property: not in compliance, Photos in file. Lien/Order recorded at the Okeechobee County Clerk of Court. Official Records File #2022004692 Page(s) 1 April 5, 2022 Recorded Lien/Order mailed via USPS certified return receipt to the Returned April 18, 2022 property owner and agent of record Unclaimed April 18, 2022 Property owner and the tenant came into the office and spoke with Code Officer Smith, and I explained what they needed to do to bring the property into compliance. The tenant advised that the property would be cleaned up by Wednesday, and that I could come inspect the property April 20, 2022 Code Officer Smith inspected the property, in compliance issues have been corrected. See Photos. Fine stop accruing: $800.00 plus $50.00 administration fee May 5, 2022 Property manager Henao Lopez came in and filled out Fine Reduction Request Form with Code Officer Curl for the July 12th Hearin May 5, 2022 SOV/NOH for the July 12th Hearing mailed via USPS certified return Signature May 10, 2022 receipt Not legible City Recommendation: The City recommends a fine reduction of 75% plus a $50.00 administrative fee, reducing the fine from $800.00 to $200.00 plus the $50.00 administrative fee, totaling $250.00. Chronology attached Page 1 of 1 Exhibit 1 Case #220126008, Nika's Investments of FL Inc. Date Event/Document January 3, 2022 Property owner- Nika's Investments of FL Inc Mailing Address- 2707 Starwood Cir Lake Clarke, FL 33406 Agent of Record- Nikol Lopez, 460 S Rosemary Ave, Apt. 304, West Palm Beach, FL. 33401 Property Address- 814 SE 8th St, Okeechobee Violations observed for: CH 30 Sec 30-43-Public nuisances and CH 30, Sec 30-44 General cleaning and beautification, trash, and debris all over the side and rear of the property. Photos in file. Courtesy card mailed via regular mail, given 14 days to correct violations. January 25, 2022 Assist. Code Officer Curl inspected the property, still non -compliant no violations have been addressed. Photos in file. January 26, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the March 81h Hearing. Received on January 29, 2022, unsigned. February 14, 2022 Code Officer Smith inspected property: not in compliance, junk, trash, and debris all over the property. Photos in file. February 22, 2022 Posted the property and City Hall notice to appear at the March 8' hearing. Photos in file. March 1, 2022 Code Officer Smith inspected property: not in compliance, junk, trash, and debris all over the property. Photos in file. March 8, 2022 Case presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and imposed 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 one-time $50.00 administrative fee. March 9, 2022 Lien/Order prepared and signed by the Special Magistrate. March 9, 2022 Lien/Order mailed via USPS certified return receipt to the property owner and agent of record. Return receipt for the Agent of Record dated March 14, 2022 received back unsigned. March 28, 2022 Property owners came into the office advised Code Officer Smith that they were out the country and just received Lien/Order. That if I could give them an extension before recording the Lien Order. I advised them that the property had to be in compliance by Friday. Page 1 of 2 Exhibit 1 Case #220126008, Nika's Investments of FL Inc. Date Event/Document April 5, 2022 Code Officer Smith inspected property: not in compliance, Photos in file. Lien/Order recorded at the Okeechobee County Clerk of Court. Official Records File #2022004692 Page(s) 1. April 5, 2022 Recorded Lien/Order mailed via USPS certified return receipt to the property owner and agent of record. Received returned mail from the property owner on April 18, 2022 unclaimed. Received returned mail from the Agent of Record on 4/18/22. April 13, 2022 File given to City Hall to scan into records. April 18, 2022 Property owner and the tenant came into the office and spoke with Code Officer Smith, and I explained what they needed to do to bring the property into compliance. The tenant advised that the property would be cleaned up by Wednesday, and that I could come inspect the property. April 20, 2022 Code Officer Smith inspected the property, in compliance issues have been corrected. See Photos. Fine stop accruing: $800.00 plus $50.00 administration fee. May 4, 2022 Code Officer Smith spoke with the property owner and advised her the amount the fine had accrued: $800.00 plus $50.00 administration fee. Also advised her to come in and fill out fine reduction request and we can take it back to the magistrate to have the fine reduced. May 5, 2022 Property manager Henao Lopez came in and filled out Fine Reduction Request Form with Code Officer Curl. Provided updated mailing address: PO Box 562, Okeechobee, FL. 34973. Informed property owner that the request would be heard at the July 121h Hearing and that they would receive a notice in the mail advising of that Hearing. May 5, 2022 SOV/NOH for the July 121h Hearing mailed via USPS certified return receipt. Received on May 10, 2022, signature not legible. Page 2 of 2 IF .0- Exhibit 1 Date: Yf c : �k- Re: C %� Xzfi� %-�� �.L 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 0 Unauthorized Signs, Flags or Banners ell S sr' -yy 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 Please contact our office at (863) 763-9795 within _Z_ days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. Exhibit 1 Exhibit 1 -Lo& cpt�ot�ee CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Nika's Investments of FL LLC Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone 863-763-7804 FAX Date 01 /26/2022 CASE NO. 220126008 STATEMENT OF VIOLATION AND NOTICE OF HEARING FLU 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, Sections 30-43, 30-44 2. Address and Parcel# where violation exists:814 SE 8th St, Okeechobee, FL. 34974 3-22-37-35-0270-00050-0070 (35490) 3. Name and address of property owner or person in charge of location where violation exists: Nikol Lopez, 460 S Rosemary Ave, Apt. 304, West Palm Beach, FL. 33401 4. Description of Violatio 11Trash and debris all over the side and rear of the property needs to be cleaned. 5. Date violation must be corrected byPeb 15, 2022 6. Date violation first observed on or aboutl /3/22 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 March. 2022 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_ A , A Christina Curl Assistant 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 . Tat apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. Exhibit 1 rq m ra co m ra 0 0 C3 S -0 O O ni O r- U Hedlm Heeelpt )0leamnic) C-W tiled Mail Restricted Dellvery n RI—. nn Rnm drat Exhibit 1 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse -so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Nikol Lopez 460 S Rosemary Ave, Apt. 304 West Palm Beach, FL. 33401 X B. Received by (Punted Name) ❑ Agent C. Date of Deliver• • ^ddress different from item 1? L3 Yes :r delivery address below: C3 No aYNC O Mail Express® ll I'III'I I'll I'I l Il ll I�III I III I II III II I II Il III ❑ Adult Signature 0 Adul Sig Registered ❑Registered Madr"' duff Signature Restricted Delivery ElRegistered Mail Restricted 9590 9402 7160 1251 3497 86 ertified Mail® Certified Mail Restricted Delivery elivery ignature Confirmation- 0 Collect on Delivery Signature Confirmation 9 Artinla N,,mhor fTransfar from mn ;r 1oho0 7 0 2 0 0640 0001 3468 : ElCollect on Delivery Restricted Delivery 8131 ;ail Restricted Delivery Restricted Delivery %—, 4 ai PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 1 I Exhibit 1 a 46 fl v_ V. , f4 Exhibit 1 Exhibit 1 Exhibit 1 r Exhibit 1 71 `\y.OF•OKPcy CITY OF OKEECHOBEE CODE ENFORCEMENT o MARCH 8, 2022, SPECIAL MAGISTRATE HEARING „ OFFICIAL MINUTES 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 91h 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 (SOV/NOH) 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. VII. NEW CASES A. Case No. 220126008; Nika's Investments of FL, 814 Southeast 81h 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 Exhibit 1 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 SOV/NOH 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 41h 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 Hear g. VIII. ADJOURN MEETING There being no further business to come before the Special adjourned at 6:23 P.M. i ATT ST: Christina Curl z Roger Azcona, Special Magistrate 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 Exhibit 1 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast god Avenue Okeechobee, Florida 34974 CITY OF OKEECHOBEE, PETITIONER -vs- Nika's Investments of FL RESPONDENT CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO.220126008 LIEN / ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on March 8, 2022. 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: Nika's Investments of FL Property Location: 814 Southeast 81h Street, Okeechobee, FL. 34974 Legal Description: Lot 7 of Block 5, REVISED PLAT OF WILCOX SHORES, Plat Book 3, Page 5, public records of Okeechobee County, Florida Parcel: 3-22-37-35-0270-00050-0070 (35490) 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 Chapter, 30 Section 30-43-Public nuisances Trash and debris all over the rear and sides of the property Chapter 30, Section 30-44 General cleaning Clean up toys by placing them neatly against the building 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 nuisances, 30-44 General cleaning and beautification, concerning your property located at 814 Southeast 8t� Street, Okeechobee, Florida. If you do not correct the violations by March 29, 2022, the Magistrate hereby 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 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 Code Enforcement Officer to verify such compliance. ORDERED this 8th day of March, 2022. ATTEST: Christina Curl, Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE E,t,&Notory Public State of Florida MP S Smith My Commission HH 072981 Expires 12/16/2024 The foregoing instru ent was acknowledged before me this / day of lr, 20�by Roger Azcona and Christina Curl by means of/iysical presence or ❑ online notarization, who produced as identification or is personally known to me and who did take an oath. Signature of Notary: Exhibit 1 to CO m rq l7 O 0 l� 0 0 FU O I`- xra JBrvlces 5 FBBs (check Dox, add fee as appmonate) ❑RaWl, Receipt(hahccopy) ❑ Retum Receipt (elechonlc) $ / Igrt16(k ❑ Certified Mau Restricted Delivery $ ❑ Adult Signature Required ❑ Adult Signature Restricted Del" lostage r r u rt�v rv�r�r� r�r...v�er r •• stic Mail Only For delivery information. visit our website at www.usos.eam0- CO _n !Certified Mail Fee m 's as r q i []Return Receipt (hetdcopy) $ O ❑ Return P.ecelpt (electronic) 0 ❑ Cailifled Mad Restricted Delivery S $ ❑ Adult Signature Required S O ❑ Adult Signature Restricted Delivery $ .11 !Postage _p IS CD Totel Postage and Fees L� is �t l Sent T ED e F�t1 k Her Exhibit 1 ■ 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. i °� ^i4 4 +a•^^^^ - address different from item 1 ? ❑ Yes Nikol Lopez Y delivery address below: ❑ No 460 S Rosemary Ave, Apt. 304� West Palm Beach, FL. 33401 III IIIIII IIII III I II II IIIII I III I II II IIII III) III 3 $eivlce type ❑ Priority Mal Express® ❑ hdafh9ignature ❑Registered MaiIT'" dult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail® -livery 9590 9402 7160 1251 3498 54 ❑CertifiedMailRestrictedDelivery gnatureContrmationT" ❑ Collect on Delivery ❑ Signature Confirmation 2. Article Number (transfer from service label) ' ❑ Collect on Delivery Restricted Delivery Restricted Delivery ❑ Insured Mail 7020 0640 0001 3468 7738 0) it Rest cted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 1 Exhibit 1 m 00 �l g i46". Exhibit 1 Official Records Filet2U22DO4692 Page(s):1 Jerald D Bryant Prepared B !Return To: Cllerk of the Circuit Court & Comptroller P y Okeechobee, FL Recorded 4/5/2022 1:17 PM City of Okeechobee Fees: RECORDING $10.00 Code Enforcement Department 50 Southeast 21d Avenue Okeechobee, Florida 34974 CITY OF OKEECHOBEE, PETITIONER -vs- Nika's Investments of FL, RESPONDENT CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO.220126008 LIEN I ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on March 8, 2022. 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: Nika's Investments of FL Property Location: 814 Southeast 8th Street, Okeechobee, FL. 34974 Legal Description: Lot 7 of Block 5, REVISED PLAT OF WILCOX SHORES, Plat Book 3, Page 5, public records of Okeechobee County, Florida Parcel: 3-22-37-35-0270-00050-0070 (35490) 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 Viollation Chapter, 30 Section_30-43-Public nuisances Trash and debris all over the rear and sides of the property Chapter 30, Section 30-44 General cleaning and beautification Clean up toys by placing them neatly against the building ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, concerning your property located at 814 Southeast 8tn Street, Okeechobee, Florida. If you do not correct the violations by March 29, 2022, the Magistrate hereby 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 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 Code Enforcement Officer to verify such compliance. ORDERED this 8th day of March, 2022. ATTEST: Christina Curl, Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE NOV Notmy :SS lic State of Florida Erickamith �My Cossion HH 0720f11 Expire116/2024 The foregoing instru ent was acknowledged before me this . / day of _ 20,,?Jby Roger Azcona and Christina Curl by means of Mysical presence or ❑ online notarization, who produced _ ____ as identification orx� is personally kno n to me and who did take an oath. r Signature of Notary: Exhibit 1 Okeechobee PoliceDepartment 50 S.E. 2nd Avenue • Okeechobee, Florida 34974 ECEIVE APR 1 8 2022 BY: _k—�� . g,d3�G�70®3368�96® NEOPOST 04/05/2022 • • 1$007, 332 21P 34974 7020 2450 0000 5699 405 041M11455829 Nikol Lopez 460 S Ros West Palrr N' 331 E 1 0004I1.5!27 A—! C Arm G- NOT K abitIJ n - nn nKnrta _ A N K 34972290750 '1206-05260-05-44 Exhibit 1 Exhibit 1 Exhibit 1 Code Enforcement Accrual of Fine 2022 Case No: 220126008 Name: Nika's Investments of FL. Inc Address: 814 SE 8th St Okeechobee, FL. 34974 Special Magistrate Ruling: Case presented to the Special Magistrate on March 8, 2022, found in violation of CH. 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day to begin 21 days after the date of the Hearing, plus a one-time $50.00 administrative fee imposed. Fine accrual began on April 5, 2022. ine Amount Number of days Week 1 Total Number of Days Week 2 Total Number of Days Week 3 Total Number of Days Week 4 Total Number of Days Week 5 Total Number of days Week 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 $0.00 5 $250.00 7 $350.00 4 $200.00 0 $0.00 0 $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 $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 ministrative Fee $50.00 Total $850.00 Date o Compliance 4/20/2022 Exhibit 1 Okeechobee City, Florida Code Compliance Department IN RE: The Matter of Complaint #� I Respondent(s) I /� Request for Reduction of Accrued Fine I, ' Piro 0-0 LUo e?-herebv request a reduction of a fine imposed in the above referenced case and in support thereof would state the following information: 1. My name and current mailing address are: Al i 2. Physical address of the property which was the subject of the violation: r— L ' r_ /' (-/ Rom' 1(31- L I/'� f'e-� EL - ,1a L'7L:� 33 3. A Fine in the amount of 5 - ) per day was imposed on the following date: 4. The io a 'oQs wweergcc000rrreccteed.d. fd I was advised that the property came into compliance on the following date: 55. 1 am requesting that the accrued fine be reduced from $I To: 6. The rued fine amount should be reduced becaus �� 0 IOL �_�."X�?. � , INNu PCB_cJ� 1,'3S -ko, 1 ►'�'l.i'Yt lG'ie1z, . 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 of ov i person to appear in my place: Sign re of Respon en Signature of Respondent Date: �a O� Date: The forgoing instruas sworn to (or affirmed) and s b cribed before me, by means of physical presence or online m notarization this day of CA,[ 20 Signature of Notary Public - State of Florida PrintfType/Stamped Name of Notary My commission expires: H/1LQ %Jb-26 Notary P=StateofMyCrcHHExp.- Exhibit 1 Okeechobee Okeechobee Police Code Enforcement ®RP 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 05/05/2022 Respondent, CASE NO. 220126008 Nika's Investments of FL Inc. 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 exists814 SE 8th St, Okeechobee, FL. 34974 3-22-37-35-0270-00050-0070 (35490) 3. Name and address of property owner or person in charge of location where violation exists: Nika's Investments of FL Inc, PO Box 562, Okeechobee, FL. 34973 4. Description of Violation: Fine Reduction Request 5. Date violation corrected: Apr 20, 2022 6. Date violation first observed on or about! /3/22 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 July. 2022 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 ou fiUke-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 1 Domestic Mail C For delivery intorn Ir —0Ln If Extra Services $ Fees (check Do; @W lee a4 VprePdete) Q ❑ Retum Recelpt ftvdwpy) S Q ❑ Return Rececpt(elactrenle) S____ Os[fflark Q ❑ Certffled Mall Restricted Delivery S — Here Q ❑ Adult signature Requimd S ❑ Adult signature Restricted Delivery S �Postage 1 ^ IU Total Postage and Fees $ ru S To O g 0. Exhibit 1 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to ydu. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artiolg Addressed to -- Nika's Investments of FL Inc PO Box 562 Okeechobee, FL. 34973 A. Slgnat X B. F,4cei4edby (Printed Agent C. Date of Delivery address different from item 1? Ll Yes er delivery address below: 0 No A&- - . luti type ❑ Priority Mail Express® ❑Adult Signature ❑ Registered Mail I) �'I'I'I III I'IIII ( II II II I I IIII I I III II IIII II) ❑ tlul! Signature Restricted Delivery ❑Registered Mail Restricted krtified Mail® elivery 9590 9402 7234 1284 8020 78 ❑ Certified Mail Restricted Delivery 0 Collect on Delivery ignature Confirmation- ❑ Signature Confirmation 2. Article Number (Transfer from service label) 1 ❑ Collect on Delivery Restricted Delivery Restricted Delivery tail 7020 2450 0000 5699 411_ 5 :i1 Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 2 Code Enforcement Hearing July 12, 2022 Case Number. Name and Address: Case #220519009; Donny R. Phillips, 203 SE 8`h St Code Section Violated Description of Violation Chapter 30, Section 30-41 Disabled vehicles Disablediluntagged vehicle Chapter 30, Section 30-43 Public nuisances Junk/ debris all over the property Chapter 30, Section 30-44 General cleaning and beautification Grass needs to be cut Photos: See attached Is respondent a Repeat Violator? No Summary: Respondent was first notified on March 28, 2022 via Courtesy Card. The City communicated with the respondent on the below occasion(s). Date of Type of notice Received Date notice b received/returned April 8, Code Officer Curl received a letter from Michelle Arnold who is the sister 2022 and POA for Donny Phillips who is in the Dept. of Corrections requesting more time to clean up the violations at 203 SE 8th St. Her contact number is 863-447-8891. Code Officer Curl made contact with Michelle Arnold ref to the letter received she stated that she would be meeting with the tenants today to speak with them about getting the property clleaned up and the vehicle removed. She also stated that the mailing address should be 2579 NE 601h Ct, Okeechobee, FL. 34972. 1 advised her that we would give her 14 more days since she just received the notice today and as long as she keeps in touch with us, and we can see that progress is being made that we would work with her on allowing more time before it goes to the Magistrate. April 19, Michelle Arnold came in the office and spoke with Code Officer Smith. She 2022 stated that progress was being made at the property„ The tenants had registered and tag the bucket truck and the trailers. Scheduled the sofa to be picked up and the lawn had been cut. They were going through the stuff on the trailers and the car port. Michelle also advised that she is going continue to help the tenants get the property into compliance. She advised that it would take her some more time to get the properly into compliance because the tenants are elderly. I advised her to continue to keep us abreast of the situation. April 29, Michelle Arnold came into the office and spoke with Code Officer Curl, she 2022 stated that the sofa and two piles of the debris have been removed and she will be helping the tenants organize more this weekend. May 3, Code Officer Smith inspected the property still not into compliance 2022 Page 1 of 2 Exhibit 2 May 18, Code Officer Smith inspected the property still not into compliance 2022 May 19, SOV/NOH and photos mailed via USPS certified return receipt for the July According May 21, 2022 2022 12, 2022 Hearing to tracking June 6, Code Officer Smith spoke with Ms. Arnold, and she staged to me that she 2022 was still working with the tenants on getting the property cleaned up. She advised that she should be done by the end of the month. June 22, Ms. Arnold called in and spoke with Code Officer Smith advising that the 2022 property was cleaned up and that I could go out to inspect the property. She stated that she would call in tomorrow to see if anything else needed to be done. June 23, Code Officer Smith inspected the property: In compliance 2022 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 30-41 Disabled vehicles, 30-43 Public nuisances, and 30-44 General cleaning and beautification. Chronology attached Page 2 of 2 Exhibit 2 Case #220519009; Donny R Phillips Date Event/Document March 28, 2022 Property owner- Donny R Phillips/ Michelle Arnold (POA) Mailing Address- 8784 US Hwy 27 W Mayo, FL 32066 Property Address- 203 SE 8th St, Okeechobee POA Mailing Address- 2579 NE 61)th Ct, Okeechobee, FL. 34972 Violations observed for: CH 30 Sec 30-41 Disabled vehicles, Sec 30-43- Public nuisances and CH 30, Sec 30-44 General cleaning, and beautification: Disabled bucket truck on the property, junk/debris all over the property under tarps, and leaned against the home. Grass in need of being cut. Photos in file. Courtesy card mailed via regular mail, given 14 days to correct violations. April 8, 2022 Code Officer Curl received a letter from Michelle Arnold who is the sister and POA for Donny Phillips who is in the Dept. of Corrections requesting more time to clean up the violations at 203 SE 8th St. Her contact number is 863-447-8891. Code Officer Curl made contact with Michelle Arnold ref to the letter received she stated that she would be meeting with the tenants today to speak with them about getting the property cleaned up and the vehicle removed. She also stated that the mailing address should be 2579 NE 601h Ct, Okeechobee, FL. 34972. 1 advised her that we would give her 14 more days since she just received the notice today and as long as she keeps in touch with us, and we can see that progress is being made that we would work: with her on allowing more time before it goes to the Magistrate. April 19, 2022 Michelle Arnold came in the office. and spoke with Code Officer Smith. She stated that progress was being made at the property. The tenants had registered and tag the bucket truck and the trailers. Scheduled the sofa to be picked up and the lawn had been cut. They were going through the stuff on the trailers and the carport. Michelle also advised that she is going continue to help the tenants get the property into compliance. She advised that it would take her some more time to get the property into compliance because the tenants are elderly. I advised her to continue to keep us abreast of the situation. April 29, 2022 Michelle Arnold came into the office and spoke with Code Officer Curl, she stated that the sofa and two piles of the debris have been removed and she will be helping the tenants organize more this weekend. May 3, 2022 Code Officer Smith inspected the property still not into compliance however the tenants and the landlord have made great strids cleaning up the property. The tenant registered all the trailers and the bucket truck. Photos in file. Page 1 of 2 ZOEM Case #220519009; Donny R Phillips Date Event/Document May 18, 2022 Code Officer Smith inspected the property: non -compliant, piles of debris remain on the side of the property. Photos in file. May 19, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the July 12, 2022 Hearing. Received on May 21, 2022 according to USPS tracking. June 6, 2022 Code Officer Smith spoke with Ms. Arnold, and she stated to me that she was still working with the tenants on getting the property cleaned up. She advised that she should be done by the end of the month. June 22, 2022 Ms. Arnold called in and spoke with Code Officer Smith advising that the property was cleaned up and that I could go out to inspect the property. She stated that she would call in tomorrow to see if anything else needed to be done. June 23, 2022 Code Officer Smith inspected the property: In compliance, all issues have been corrected. Photos in file. Case Closed. Page 2 of 2 Exhibit 2 Exhibit 2 �'��r�1��•ll'.�� .. .r.:,� !�ttyyYy�th�'. 1.u±11 '13 lddhhL — Exhibit 2 Exhibit 2 9 - 'VZP Re: ,� E'._ -� _l E- D? 11 �t . 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: _AJ"Overgrown Weeds, Grass,ushes or Shrubs 0 Unauthorized Signs, Flags or Banners --$ Trash, Yard Debris or Junk 0 Operating a Business Without Required License C/ 30 �� 3�' operable, Abandoned or Unlicensed Vehicle 0 Pool Violation Please contact our office at (863) 763-9795 within 1/ days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. Exhibit 2 00 - 0, k-1 d Pllklt( I\r- r p ( 1) ae V-P CA I- et 0 e- r lf-7 Exhibit 2 07M 1 i�: 11 WON= Ml�s Exhibit 2 Exhibit 2 Or, CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Donny R. Phillips Okeechobee Police Code Enforcement Aolon- 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone 863-763-7804 FAX Date 05/19/2022 CASE NO. 220519009 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, Sections 30-41, 30-43, 30-44 2. Address and Parcel# where violation exists203 SE 8th St, Okeechobee, FL. 34974 3-22-37-35-0035-00010-0020 (35295) 3. Name and address of property owner or person in charge of location where violation exists: Donny R Phillips/Michelle Arnold (POA), 2579 NE 60th Ct, Okeechobee, FL. 34972 4. Description of Violation: Remove piles of debris from the side of the property 5. Date violation must be corrected byjul 5, 2022 6. Date violation first observed on or about?/28/22 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 July. 2022 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 thatlany evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. I you faitto-appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. jel 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 0 cr c- Ln 0 0 0 0 0 Ln s ti 0 Ill C3 Cl- Exhibit 2 USPS Tracking® FAQs > Track Another Package + Tracking Number: 70202450000056994160 Remove x Your item was delivered to an individual at the address at 2:24 pm on May 21, 2022 in OKEECHOBEE, FL 34972. USPS Tracking Plus® Available u OV Delivered, Left with Individual May 21, 2022 at 2:24 pm OKEECHOBEE, FL 34972 Get Updates u Text & Email Updates Tracking History May 21, 2022, 2:24 pm Delivered, Left with Individual OKEECHOBEE, FL 34972 Your item was delivered to an individual at the address at 2:24 pm on May 21, 2022 in OKEECHOBEE, FL 34972. May 21, 2022, 2:18 am Departed USPS Regional Facility WEST PALM BEACH FL DISTRIBUTION CENTER May 20, 2022, 8:55 pm Arrived at USPS Regional Facility WEST PALM BEACH FL DISTRIBUTION CENTER u n m m m a m Exhibit 2 USPS Tracking PIusO Product Information u U See Less ^ Can't find what you're (looking for? Go to our FAQs section to find answers to your tracking questions. FAQs Exhibit 2 Exhibit 2 0 4mv,#- ,r. MWOM Ml� Exhibit 3 Code Enforcement Hearing July 12, 2022 Case Number, Name and Address: Case # 220329010-, Tom Nguyen, 210 SE 311 St Code Section Violated Description of Violation Chapter 30, Section 30-40 Junk Junk, piles of wood, disabled lawnmowers, disabled vehicle (RV) on the property Chapter 30, Section 30-43 Public nuisances Debris and trash on the property, the outside of the home and the roof in need of being cleaned Chapter 30, Section 30-44 General cleaning Overgrown vegetation needs to be cut and beautification Photos: See attached Is respondent a Repeat Violator? No Summary: Respondent was first notified on March 14, 2022 via Courtesy Card. The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Received by Date received/returned March 18, 2022 Mr. Nguyen came into the office and spoke with Assist Code Officer Curl stating that he has corrected the cited violations and would like the property inspected for compliance. Mr. Nguyen was advised that Code Officer Smith would be out on Monday or Tuesday to inspect the property. March 22, 2022 Code Officer Smith inspected property: not in compliance March 29, 2022 Code Officer Smith inspected property: not in compliance March 29, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the Tom April 5, 2022 May 10th Hearing Nguyen April 5, 2022 Mr. Nguyen came into the office and spoke with Code Officer Smith; he was advised what he needed to correct to bring the property into compliance. April 27, 2022 Code Officer Smith inspected property: not in compliance May 3, 2022 Code Officer Smith inspected property: not in compliance May 10, 2022 Case presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day, plus a $50.00 administration fee May 31, 2022 1 Code Officer Smith inspected the 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 30-40 Junk, -30-41 Disabled vehicles, 30-43 Public nuisances, and 30-44 General cleaning and beautification. Chronology attached Page 1 of 1 Exhibit 3 Case #220329010; Torn Nguyen Date Event/Document March 14, 2022 Property Owner -Tom Nguyen Address-210 SE 3d St. Okeechobee, FL 34974 Violation of CH 30 Sec. 30-40 Junk, Sec. 30-41 Disable vehicles, Sec. 30-43 Public nuisances and Sec 30-44 General cleaning and beautification. Junk, piles of wood, disabled lawnmowers, disabled vehicle (RV) on the property. Debris and trash on the property, the outside of the home and the roof in need of being cleaned, overgrown vegetation needs to be cut. Photos in file. Compliant was called in by Billie J. Conrad, 208 SW 3rd St. (863) 484- 8007 Courtesy Card mailed via regular mail, given 14 days to correct violations March 18, 2022 Mr. Nguyen came into the office and spoke with Assist Code Officer Curl stating that he has corrected the cited violations and would like the property inspected for compliance. Mr. Nguyen was advised that Code Officer Smith would be out on Monday or Tuesday to inspect the property. March 22, 2022 Code Officer Smith inspected property: not in compliance, disabled vehicle remains on the property and still in need of removing debris. Photos in file. March 29, 2022 Code Officer Smith inspected property: not in compliance, disabled vehicle remains on the property/ and still in need of removing debris. Photos in file. March 29, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the May 101h Hearing. Received by Tom IVguyen on 4/5/2022. April 5, 2022 Mr. Nguyen came into the office and spoke with Code Officer Smith; he was advised what he needed to correct to bring the property into compliance. April 27,2022 Code Officer Smith inspected property: not in compliance, still in need of removing debris/junk. Photos in file. May 3, 2022 Code Officer Smith inspected property: not in compliance, still in need of removing debris/junk and cut the overgrown vegetation. Photos in file. May 10, 2022 Case presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. 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. Page 1 of 2 Exhibit 3 Case #220329010; Toms Nguyen Date Event/Document May 11, 2022 Lien/order prepared for the Special Magistrate's signature. May 12, 2022 Lien/Order signed by the Special Magistrate May 12, 2022 Lien/Order mailed via USPS certified return receipt. Received on May 16, 2022, signature not legible. May 31, 2022 Code Officer Smith inspected the property: in compliance, photos in file. Case Closed. Page 2of2 Exhibit 3 Exhibit 3 win i was J Exhibit 3 Oil, 1110 111, Exhibit 3 Date: . ri I,JC'?.� Re: 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: Y Overgrown Weeds, Grass, Bushes or Shrubs r J�hazbkT , Yd Debris or Q InoperWe, Abandoned or Unlicensed Vehicle 0 Unauthorized Signs, Flags or Banners 0 Operating a Business Without Required License 0 Pool Violation 0 International Property Maintenance Code Ch Sec 0 Other m Please contact our office at (863) 763-9795 within � days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. Exhibit 3 03/22/2022 08 2 f4S 7rM �w �, � � -�T . � .f �,r ,�' ' -� C P ., i.:;�� �� I .t �� r'� �. t.:a � ::r :� _ '� -�.. � _. _ ., ,� �;,�. r f,,�. ,.. t� ,�� Exhibit 3 _e i.. lot i.. N1 r nO - �1 s2:: 08§2092022 00 M Exhibit 3 a 920§2022 MM Exhibit 3 Okeechobee 30, 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 Date 03/29/2022 Respondent, CASE NO. 220329010 Tom Nguyen 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, Sections 30-40, 30-41, 30-43, 30-44 2. Address and Parcel# where violation exists:210 SE 3rd St, Okeechobee, FL. 34974 3-21-37-35-0020-02080-0010 (34581) 3. Name and address of property owner or person in charge of location where violation exists: Tom Nguyen, 210 SE 3rd St, Okeechobee, FL. 34974 4. Description of Violatio tb, lsabled/untagged RV on property and piles of debris that need to be removed. 5. Date violation must be corrected b4V ay 3, 2022 6. Date violation first observed on or about3/14/22 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 10th day May. 2022 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 y 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 162.1 l(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 m 0 nr m Er Ir Ln 0 0 0 0 0 ti 0 ti 0 N Exhibit 3 ■ Complete items 1, 2, and 3. x aignanp ■ Print your name and address on the reverse X / ❑ Agent so that we can return the card to you. v ❑ Addressee ■ Attach this card to the back of the mailpiece, a Received (Primed Name) ' /+ C. Date of Delivery or on the front if space permits. !'- 1. Article Addressed_ to: _ D. Is delivery address different from Item 1? ❑ Yes Tom Nguydp w delivery address below: [3No 210 SE 3r St Okeechobee, FL. 34974 Y" O Priority Mall Express® (' I I II III II I II II I I II III I III III II III III O Adult Signature ❑ Registered Mall"" adult Signature Restricted Delivery O Res7lstered Mail Restricted Pertfied Melt® a every Certifiestricted ed Mallvery ignreConn9590 9402 6718 1060 1896 52 ion Delivery stuconflrao 2. Article Number !Transfer rrnm carvir.p /ahal) O Collect on Delivery Restricted Delivery Restricted Delivery flail 7020 2450 0000 5699 3903allRestricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 3 Exhibit 3 .rap` .x� �y` �1 •�.� �111� , � 1, � �. r s� _ l�. LAN i '� r1 „� ,Jq# _„ / - t•�'. :"jam. ` � ,�,rA ° ,y� � - • Zl- M" r feria, _ `�•n, - � ,, _` _ - Exhibit 3 ki ki- Ll r a lam'. ✓ Exhibit 3 am . a Exhibit 3 low-- -A& 49M I Exhibit 3 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2,d Avenue Okeechobee, Florida 34974 CITY OF OKEECHOBEE, PETITIONER -vs- Tom Nguyen, RESPONDENT CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO.220329010 LIEN I ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on May 10, 2022, 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: Tom Nguyen Property Location: 210 Southeast 3rd Street, Okeechobee, FL. 34974 Legal Description: Lot 1 of Block 208, FIRST ADDITION TO OKEECHOBEE, Plat Book 1 and 5, Page 11 and 6, public records of Okeechobee County, Florida Parcel: 3-21-37-35-0020-02080-0010 (34581) 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 Chapter 30, Section 30-40 Junk Disabled ridling lawnmowers Chapter 30, Section 30-41 Disabled vehicles Disabledfuntagged RV Chapter 30, Section 30-43 Public nuisances Chapter 30, Section 30-44 General cleaning and beautification Overgrown vegetation, piles of wood and the front of the home and the roof in need of cleaning ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification, concerning your property located at 210 Southeast 31d Street, Okeechobee, Florida. If you do not correct the violations by May 31, 2022, the Magistrate hereby 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 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 Code Enforcement Officer to verify such compliance. ORDERED this 10th day of May, 2022. A TEST: Christina Curl, Recording ecretary STATE OF FLORIDA COUNTY OF OKEECHOBEE of ment ip t4otpry Public State of Flurr:a Fricke S Smith MY Comrnissiw HH 072981 a � Expires 12/16/2024 ire ttzs I M The foregoing instrFent was acknowledged before me this aof _y' .. _ .__, 2�, by Roger Azcona and Christina Curl by means of Kohysical presence or ❑ online notarization, who produced _ as identification or is personally known to me and who did take an oath. ,—y� Signature of Notary: L —�+ ' Exhibit 3 a s I- I- Ln 0 0 0 0 0 ul ru 0 RJ 0 N Exhibit 3 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Tom Nguyen 210SE3rdSt Okeechobee, FL_ 34974 A. Signature X Agent Addressee B. Received by (Printed Na C. Date of Delivery D. Is delivery address different from item 1 ? ❑ Yes )r delivery address below: ❑ No ❑ Priority Mail Express® III�III'IIIIII"I(I) II II II�I'III'I�IIII�II�'l) ❑Adult Sgnture ❑ Registered MalTA ult Signature Restricted Delivery ❑ 5agistered Mail Restricted ertified Mali® ivery ified Mail Restricted Delivery gnature Confirmationr" 9590 9402 7234 1284 8021 08 OCollec1onDelivery _ SgnatureConfirmation 2. Artirlw Nt imhar frmncfar from conil^a lalwrt I O Collect on Delivery Restricted Delivery Restricted Delivery ail 7 0 2 0 2450 0000 5699 4146 fail Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 3 - r" r SM mip*] Exhibit 4 VII. A. Exhibit #4 Case #220519008 Carl and Rebecca Maxwell MEMITE" Code Enforcement Heariniq July 12, 2022 Case Number, Name and Address: Case #220519008; Carl and Rebecca Maxwell, 315 SW i?nd St Code Section Violated Description of Violation Chapter 30, Section 30-43 Public nuisances Piles of debris down the fence line and back of property Chapter 30, Section 30-44 General cleaning and beautification Overgrown grass and weeds Photos: See attached Is respondent a Repeat Violator? No Summary: Respondent was first notified on March 29, 2022 Courtesy Card via regular mail. The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Received by Date received/returned April 6, 2022 Courtesy Card returned unclaimed April 21, 2022 Courtesy Card sent out via regular mail to new address in attempt to make contact with the property owners. Given 14 days to correct violations May 11, 2022 Code Officer Smith inspected the property: non -compliant May 18, 2022 Code Officer Smith inspected the property; non -compliant May 19, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the Carl Maxwell May 23, 2022 Julv 12, 2022 Hearin June 20, 2022 Code Officer Smith inspected the property; non -compliant July 5, 2022 Mr. Maxwell call into the office and spoke to Code Officer Smith and stated that the grass had been cut and the debris would be removed today, and I could come inspect the property tomorrow July 6, 2022 Code Officer Smith inspected the property; non -compliant. Spoke to the property owner and advised him what needed to be done to bring the property in compliance. • To comply with City ordinances, Remove the debris from the property and cut the grass. City Recommendation: The City recommends a fine of $50.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on July 12, 2022, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. Chronology attached Page 1 of 1 Exhibit 4 Case #220519008; Carl & Rebecca Maxwell Date Event/Document March 29, 2022 Property Owner- Carl & Rebecca Maxwell Address-315 SW 2"d St. Okeechobee, FL 34974 Mailing address- 1621 Lake Dr, BHR, Okeechobee, FL. 34974 Violation of CH 30 Sec. 30-43 Public nuisances and Sec 30-44 General cleaning and beautification. Piles of debris down the fence line and back of the property. The overgrown grass and weeds in need of being cut. Photos in file. Courtesy Card mailed via regular mail, given 14 days to correct violations April 6, 2022 Courtesy Card returned unclaimE!d April 21, 2022 Courtesy Card sent out via regular mail to new address in attempt to make contact with the property owners. Given 14 days to correct violations. May 11, 2022 Code Officer Smith inspected the property: non -compliant, property owner removed the piles debris the overgrown grass remains. Photos in file. May 18, 2022 Code Officer Smith inspected the property; non -compliant, overgrown grass remains. Photos in file. May 19, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the July 12, 2022 Hearing. Received by Carl Maxwell on May 23, 2022. June 20, 2022 Code Officer Smith inspected the property; non -compliant, overgrown grass remains. Photos in file. July 5, 2022 Mr. Maxwell call into the office and spoke to Code Officer Smith and stated that the grass had been cut the debris would be removed today and I could come inspect the property tomorrow. July 6, 2022 Code Officer Smith inspected the property; non -compliant. Spoke to the property owner and advised him what needed to be done to bring the property in compliance. Photos in file. Page 1 of 1 Exhibit 4 I. ko"WN MIR ail Ah— ...... ..... T`y .. : V1. , AIN, .k �w Mp Exhibit 4 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: vergrown Weeds, Grass, Bushes or Shrubs 0 Unauthorized Signs, Flags or Banners rash, 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 n.) 1.i-,2 d s -) Y Please contact our office at (863) 763-9795 within days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. Exhibit 4 Okeechobee Police Department WEST PALM BCH FL 334EOPOST rs Code Enforcement 30 MAR 2022PM 2 L 0112912022 0 50 S.E. 2nd Avenue $000.53- Okeechobee, Florida 34974 ZIP 34974 041 M11455829 Carl Maxwell Rebecca Maxwell 315 SW 2nd St Okeechobee, FL. 34974 AIxIE 331 DE 1 00041104,122 1 °=T tRN TO S'NDER N6'SUCH STPEET 'iNAo_c T^v PORWARD J I 1 w ._Jr�oJ••' 3C: 3497G29v7Ju `027�-01209-3G-41 itl t t I1 III t i irr 1 I I Ir • Ater t1 007 lrtn is nrrrr.rireirirrttr:ttelir rrlt rti:ett lrir:.. Exhibit 4 M 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: ��Overgrown Weeds, Grass, Bushes or Shrubs 0 Unauthorized Signs, Flags or Banners �i��r/.��= 3� c 30 --y3 r Jk Yy 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 "2/0c �� ' .ILA i . /.': Please contact our office at (863) 763-9795 within days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. ' s 1{e Exhibit 4 Exhibit 4 ,, OFc Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 E 863-763-9795 Phone CODE ENFORCEMENT FOR THE CITY OF 863-763-7804 FAX OKEECHOBEE, FLORIDA. Petitioner, vs Date 05/19/2022 Respondent, CASE NO. 220519008 Carl & Rebecca Maxwell 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, Sections 30-43, 30-44 2. Address and Parcel# where violation exists315 SW 2nd St, Okeechobee, FL. 34974 3-15-37-35-0010-01750-0040 (34110) J. Name and address of property owner or person in charge of location where violation exists: Carl & Rebecca Maxwell, 1621 Lake Dr, BHR, Okeechobee, FL. 34974 4. Description of Violation• overgrown grass and weeds in need of being cut. 5. Date violation must be corrected byjul 5, 2022 6. Date violation first observed on or about3/29/22 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 July. 2022 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 j4u fail to appear at the hearirgthe� Magistrate may enter an Order of Violation, & impose a fine in your absence.� I i 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 162.1 t(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, on 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 4 m Domestic r-i WPM U- �ad Fee ( yLj' Extra Services& Fees (check box, add lee as eppmpriate) i] [IRatum Receipt (hardcopy) $ p ❑ Ret — Receipt (electronic) $ Q ❑caddi-d MaN Re -Mated DelPrery $---_ _P,Park Here 1] ❑Adult Signature Required $ _—_ 0 Adult Signature Resiticted Delivery S — � � r � Postage fU Total Postage and Fees ED ru s 1� Exhibit 4 ■ Complete items 1, 2, and 3. A. ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ,. or on the front if space permits. 1. Article Addressed to: Carl Maxwell Rebecca Maxwell 1621 Lake Dr BHR Okeechobee, FL. 34974 O Agent ❑ Addre wed by(Prl Name) / �L of liven " address different from item T ` ,r delivery address below• ❑ No o. oervice type ❑ Priority Mail Express® Adult Signature 0 RegisteredT I'I�I'I I II I�IIIII II I II II I I I�IIII' I III I i dult Signature Restricted ❑ Registered Mail Certified Mail® elivery 9590 9402 7234 1284 8021 22 Certified Mail Restricted Delivery ❑Collect on Delivery ignature ConfinnationT' ❑ Signature Confirmation 2. Article Number (Trans_ from .cantina rnrwn n ^n11-6 in Delivery Restricted Delivery Restricted Delivery 7020 2450 0000 5699 4153 viail Restricted Delivery _ _ _ - --- --t laverwoo) PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 4 fF, J.PA ME, Exhibit 4 1:0Mo • A �:tip• look 4 4,,' ►� „g, y' a 8+^ gy ,'ti Exhibit 5 VII. B. Exhibit #5 Case #220607003 Melyssa D. Lecrenier Exhibit 5 Code Enforcement Hearinq July 12, 2022 Case Number, Name and Address: Case #220607003-1 Melyssa Lecrenier, 809 SE 11'h St Code Section Violated Description of Violation Chapter 30, Sec 30-41 Disabled vehicles Disabled/untagged vehicles in the front and side yard Chapter 30, Sec 30-44 General cleaning and beautification Mattress leaning up against a car Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on May 19, 2022 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of Type of notice Received by Date notice received/returned June 6, 2022 Code Officer Smith inspected the property: non- compliant June 7, 2022 SOV/NOH mailed via USPS certified return Lecrenier/COVID 19 June 16, 2022 receipt for the July 12th Hearing. July 6, 2022 Code Officer Smith inspected the 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 30-41 Disabled vehicles, 30-44 General cleaning and beautification. Chronology attached Page 1 of 1 Exhibit 5 Case #220607003; Melyssa Lecrenier Date Event/Document May 19, 2022 Property Owner- Melyssa D. Lecrenier Address- 809 SE 10th St Okeechobee FL 34974-5343 Compliant called in by Ian Binkley 809 SE 11th St Violation of CH 30 Sec 30-41 Disabled vehicles: disabled/untagged vehicles in the front yard, Sec 30-44 General cleaning and beautification: Mattress leaning up against a car. Photos in file. Courtesy Card mailed via regular mail, given 14 days to correct violations June 6, 2022 Code Officer Smith inspected the property: non -compliant, has no progress in correcting the violations. Photos in file. June 7, 2022 SOV/NOH mailed via USPS certified return receipt for the July 12th Hearing. Received on June 16, 2022 signed by Lecrenier/COVID19 July 6, 2022 Code Officer Smith inspected the property: in compliance. Photos in file. Case Closed.. Page 1 of 1 Exhibit 5 aq PU Exhibit 5 --Z Okeechobee Okeechobee Police Code Enforcement y 24,0 y yFL I 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 06/07/2022 Respondent, CASE NO. 220607003 Melyssa D Lecrenier 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, Sections 30-41, 30-44 2. Address and Parcel# where violation exists809 SE 10th St, Okeechobee, FL. 34974 3-22-37-35-0290-00000-0540 (35577) 3. Name and address of property owner or person in charge of location where violation exists: Melyssa D Lecrenier, 809 SE 10th St, Okeechobee, FL. 34974 4. Description of Violation: Disabled/untagged vehicles in front yard, mattress leaning up against a car. 5. Date violation must be corrected byjul 5, 2022 6. Date violation first observed on or abou{/19/22 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 July. 2022 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 yo ail to appear at the hearing 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 5 0 Rshffn ROOW twdooM $ 0 — (—W) 6- 0 Cwtftd MON ROWIDW D&.Wy $ - - O—sw—F-Aw $ OA" SIWIIO . RsoI DOMY $ Exhibit 5 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. "rtirls Adr+r —,4 +,. — Melyssa D. Lecrenier 809 SE 10th St 'As. Okeechobee, FL. 34974 A. ignature x ❑ Agent 0 Addre 1PI,, Recelved by (P jn;sd Name) Cr D e of II 1dress different from item 1 ? (LI Yell delivery address below: r ❑ No --�"--�- o. aervwe ryya ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mad II I'I'I'I IIII ('I (III () II II I I'I II I� I I� II I II III ❑ Pdult Signature Restricted Delivery O Registered Mail Restricted 9ertifled Mail® elivery Certified Mail Restricted Delivery ignature Confirmation— 9590 9402 7234 1284 8021 46 ❑ Collect on Delivery O Signature Confirmation _ 9. ArtinIR Nr rmhar (Transfer from service labell 1 ❑ Collect on Delivery Restricted Delivery Restricted Delivery Ai l 7020 2450 0000 5699 4221 AailRestricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1pQ. wall& . . ....... ,ILA -4w tv