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2022-09-13 Handwritten NotesCITY OF OKEECHOBEE CODE ENFORCEMENT SEPTEMBER 13, 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. I. CALL TO ORDER A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday September 13, 2022, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. II. ATTENDANCE 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 Ill. 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 August 9, 2022 Hearing Minutes. B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to Code Officers Smith, Curl, Mrs. Pamela Arnold, Mr. Vernon Arnold, Mrs. Selena Taylor, Mr. Perry S Arnold, and Mr. Greg McKinless. V. FINE REDUCTION REQUESTS A. Case No. 211202009; Home Discounters LLC (Melissa Dee Harden), 1008 Southwest 2"d Street, Violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 1). RA -if you are here for this case please come up. Okay thank you, lets hear the City's case in this matter. We are here for a Fine Reduction Mr. Smith? AS -yes, we are RA -okay go ahead and present your case AS -violation of Chapter 30, Sections 30-40 Junk for furniture, lawnmowers, and generator in the middle of the yard, 30-43 Public nuisances for garbage all over the front and side yard, 30-44 General cleaning and beautification for overgrown vegetation. The respondent is not a repeat violator. The respondent was first notified on November 17, 2021. On February 8, 2022 Case presented to the Special Magistrate for violation of Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification. Found in violation, imposed a fine of $50.00 per day, to begin 21 days after the date of this hearing, plus a $50.00 administrative fee. On March 9, 2022 Code Officer Smith inspected the property: still non -compliant. Photos in file. Lien/Order recorded at Page 1 of 11 V. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: the Okeechobee County Clerk of Court. Official Records File #2022003225, Page(s): 1. On August 3, 2022 new property owner Home Discounters LLC called and spoke with Code Officer Curl and asked what needed to be done to bring the property into compliance. On August 15, 2022 property owner called Code Officer Smith and advised that the property was in compliance and ready for inspection. On August 17, 2022 Code Officer Smith inspected the property, in compliance. Code officer Smith advised the property owner that the fine accrual would stop on Monday when I was advised that the property was in compliance. Fine balance of $7,950.00 plus a $50.00 administrative fee totaling $8,000.00. On August 18, 2022 received Fine Reduction Request form from the property owner. On August 19, 2022 SOV/NOH mailed via USPS certified return receipt for the September 13th hearing, received on August 26, 2022, signature not legible. The City recommends a fine reduction of 75 percent plus a $50.00 administrative fee, reducing the fine from $8000.00 to $1987.50 plus the $50.00 administrative fee, totaling $2037.50. RA -okay thank -you Mr. Smith, what is your name sir GM -My name is Greg McKinless RA -Mr. McKinless how are you related to this case GM -I work for Home Discounters LLC RA -okay are you the current owner of the property GM -yes, well Home Discounters LLC is RA -okay so what is it you would like me to consider today GM -the facts are correct as presented, as a recap I would say as you know we are the new owners, and we received the writ of title on July 25th, I'm sorry certificate of tile on July 25th and we were not able to access the property because it was currently occupied by the previous owner, so we had to apply for a writ of possession and then have the Sheriff serve eviction. The writ of possession was dated August 1st and the eviction was dated August 4th. I have the documentation if it is okay to approach, I will give you a copy RA -yes GM -okay so basically to recap to wrap it up, while the fine did start in November 2021, we did were not able to occupy the property until the Sheriffs eviction in early August and within a few days we got it cleaned up. We want to renovate the whole house but the first thing we did was get the property into compliance, it looked like hoarders were living in there so there was grass up to your waist and waste and junk everywhere, there was a lot so we hired crews and it took them 3-4 days, they came in and they started at the trees, trimmed all the trees and worked their way down, they hauled all the junk out. guess what I want to say in our defense as soon as we were able to take possession, we were on it immediately within a few days we called, and we are hoping to have the fine reduced by 90 percent and only have 10 percent left as we only had possession for a short time even though the problem went on for many months with the previous owner RA -okay the City is already considering 75 percent in this case I appreciate you were able to take care of the matter right away when you got possession of the property, when did you actually first get ahold of Mr. Smith GM-1 actually didn't call Mr. Smith Alana in our office did, I want to say early August AS -she actually spoke with Code Officer Curl GM -as soon as we were made aware of it, I don't have the exact date CC -on August 3, 2022 AS -August 3rd GM -we buy houses, and we try to get right on it, proactively RA -okay I am going to ask the City Attorney what his position is on this matter or if there is anything he would like to add. Mr. Hyden if he would like to add anything Page 2 of 11 VI. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: GH-the only question I have is for Code Officer Smith is the fine reduction consistent with the City's fine reduction scheduled AS -yes, it is GH-1 have nothing further RA -okay thank your Mr. Hyden, have you discussed the fine reduction with Mr. Smith and Code Enforcement GM -no RA -because they are already bringing it down 75 percent that is a lot of consideration GM -yes, it is, and we appreciate that, we are just trying to run a business and that takes away from the proposition and we only had possession of the property for less than a week or two before it was corrected, and we were hoping to get a little more aggressive reduction RA -okay I can certainly take into consideration and look at the matter and look at the history and I will make a ruling by the end of the week GM -that would be great RA -okay unless you can come to some kind of an agreement with Code Enforcement. Is that the final recommendation Mr. Smith or are you willing to work any further AS -that is our final recommendation 75 percent RA -okay that is your final recommendation 75 percent, okay because we have had a lot of cases here and Code Enforcement has been very generous, consistently with giving people a reduction by 75 percent, I will look at the file and take any consideration at any other reasons that we would have to go any further GM-1 appreciate it and if you would take into consideration that within a matter of days, we brought the property into compliance I don't know the exact number of days before we had it corrected, we truly do try to do our best to take care of these issues immediately RA -okay other than this is there anything else you would like for me to consider for determining the ruling GM -that is basically it RA -okay with your comments and any evidence today I will take into consideration and having a ruling by the end of the week B. Case No. 220128007; Perry Sylvester Arnold Jr., 620 Northeast 4th Avenue, 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 (Exhibit 2). AS -violation of Chapter 30, Sections 30-41 Disabled vehicles for untagged vehicles, 30- 43 Public nuisances for junk/debris covering the entire property and the exterior of the home in need of cleaning, 30-44 General cleaning and beautification for stacks of lumber, tires, and electrical cords all over the yard, Chapter 82, Section 82-124 Permits for two unpermitted structures. The respondent is not a repeat violator. The respondent was first notified on January 28, 2022 by SOV/NOH via certified return receipt. On March 8, 2022 Case presented to the Special Magistrate, found in violation of 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 to begin 21 days after the date of this Hearing, unless the property owner brings the property into compliance before that date, plus a one-time $50.00 administrative fee. On March 29, 2022 Code Officer Smith inspected the property still non -compliant. On April 5, 2022 Code Officer Smith inspected the property: non -compliant, photos in file. Lien/Order recorded at the Okeechobee County Clerk of Court. Official Records File #2022004691 Page(s) 1. On April 12, 2022 Assist Code Officer Curl spoke with the property owner's brother Anal Page 3 of 11 V. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: who stated that they will be working on getting the grass and weeds cut and removing the stack of tires and the two unpermitted structures. On July 8, 2022 Code Officer Smith spoke with the property owner, and she stated that she is getting close to having the property in compliance and that she would call later in the month for me to meet her at the property so that I could do a walk around to advise her on what else needed to be addressed before the July deadline. On July 26, 2022 Code Officer Smith inspected the property: In compliance, all issues have been addressed. Photos in file. Fine stopped accruing: totaling $5,700.00 and $50.00 administration fee grand total of $5,750.00. On August 23, 2022 Code Officer Curl spoke with Mrs. Taylor who advised of the fine amount and that she could fill out a fine reduction request form for the September 13th Hearing. Mrs. Taylor completed the form. On August 23, 2022 SOV/NOH mailed via USPS certified return receipt for the September 13th Hearing to the property owner and to Mrs. Taylor, received by Perry S Arnold and Selena Taylor on August 26, 2022. The City recommends a fine reduction of 75 percent plus a $50.00 administrative fee, reducing the fine from $5,700.00 to $1,425.00 plus the $50.00 administrative fee, totaling $1,475.00 RA -okay thank you very much Mr. Smith, what is your name ma'am PA -Pamela Arnold RA -you were sworn in at the beginning PA -yes sir RA-1 understand you are asking for lien reduction today PA-1 am asking for a dismissal to be honest, there are some special circumstances RA -okay I would like to hear about the circumstances, tell me what is going on PA -We are waiting on a ruling from Judge Jody White with the county court, we have a pending guardianship for Mr. Perry Arnold, we are waiting to get documentation as far as the judge. We have all three reports from the examining committee turned in and Judge Whites opinion was if she had to make a ruling the other day, she would have had him totally declared incompetent, but she couldn't appoint us as his guardians until we have counsel appointed until then she stated that my Power of Attorney still stands. Mr. Arnold has had two brain aneurisms and if you look at the way the lien is wrote up you will notice the very first item on the lien is for an untagged vehicle, at the time he was spoken to and again you can verify this with the documentation with the Okeechobee County Court when you speak with Mr. Arnold, he comprehends very little of what is actually being said, so when they said the car needed to be removed along with this being done and this being done what stuck was the car being removed so he called his brother and his brother immediately went and removed the car, because to our knowledge that is what needed to be done, because we were not contacted. We did not realize at the time how much incompetence was in effect until we were made aware of some of the situations that were taking place at this residence. The Sheriffs Department has congratulated us on stepping in and doing something because of the activities that were taking place in the home. Mr. Arnold doesn't have the capability of understanding or correcting those issues and what stuck in his mind, and you can see for yourself your honor if you would like to speak to him when questions are asked or something is told to him he comprehends one of whatever is told to him, if you give him five words he is only going to remember one, if one, this can all be backed up through guardianship records through the Okeechobee County Clerk of Court. Judge White is over this case and we are just waiting on the letters of guardianship to be issued. So, when they told him that he needed to remove the car, he called his brother, and he immediately went and done that. The car has been moved for several months. With the Power of Attorney, you know yourself that I can only do so many things and so what could be done was. Mr. Arnold got into a situation and had to be incarcerated for 60 days and when he was incarcerated that's when we became aware Page 4 of 11 V. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: about everything that was going on, because the other people living in the house were taking and destroying the mail and they were doing a lot of illegal things. So, while he was incarcerated, as power of attorney, me, his brother, and sister went over there to find out what was going on and found the disarray and the mess that was going on and we didn't even know about the lien, we didn't know any of this happen, we just started moving people out and cleaning it up and we are trying to get it straighten up. If you look at the pictures, we have boarded the house up, we have cleaned up, we have done everything that needs to be done. The only reason I am asking for a dismissal, and I know it is very unusual because of the circumstances Mr. Arnold was not capable of understanding the entirety of the situation and how drastic the situation actually was, and his family wasn't contacted, I know that Code Enforcement has no idea to contact his family, but we are trying to get where we have legal authority to oversee this type of information and that his care comes first, we have to put him first and that is what we are trying to do VA -we have hired a lawn service to come in RA -okay I will get your testimony in just a minute, keep going Mrs. Arnold PA -we are in the middle of it, as his brother was going to tell you we have hired a lawn service to go in twice a week during raining season, the yard has to be done twice a week and keep it mowed, we have gotten all the rubbish off of there, we have removed the buildings that were there, we have actually done everything the lien has asked and we have done everything it asked, I actually just pulled the lien off line before I came here because we have never seen it before, so we have done everything the lien asks without knowing what the lien said RA -okay Mrs. Arnold, that is your last name right PA -yes sir RA -Mrs. Arnold in this case the City is already recommending at 75 percent reduction, which is a substantial amount of reduction of the fine considering the amount of time this was in violation, so I will certainly take everything into consideration everything you have said, but before I do that, I will ask the City Attorney Mr. Hyden if he has any questions for Mr. Smith or for you, Mr. Hyden GH-yes, I just have one question for Code Officer Smith is the City's proposed fine reduction consistent with the other fine reductions the City would issue in similar cases AS -yes, it is GH-I have nothing further, thank you RA -okay, Mrs. Arnold other than testifying about this case today have you actually communicated with the Code Enforcement Officers' reference to the fine reduction in this matter PA -no sir, I personally have not RA -okay PA-1 wasn't aware of the situation, when we had to begin the guardianship we were discussing different situations and I am assuming with the last certified letter that came to the residence at that time and yes I do agree that the 75 percent is a huge reduction and I am also asking for this to be considered as this is not a typical case, it is not ordinary circumstances had his family known we wouldn't be here today RA -okay, Mrs. Arnold you are mentioning to me that Mr. Perry Arnold was determined by the court to be incompetent PA -yes sir RA -do you have any proof reports or anything from the doctors or court reference to him being incompetent Page 5 of 11 V. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: PA-1 do have three letters, one from the psychiatrist, one from his doctor, actually I have four, one from the layman examiner, when you get a guardianship, the judge appoints an examining committee RA -okay PA -a psychiatrist out of West Palm, a doctor that was out of Stuart and one that they call a layman reviewer and the court appointed attorney that was actually appointed for Mr. Arnold, so yes sir I do have those RA -okay so what you are asserting to me today that even though Mr. Perry Arnold was aware of the violation he did not have the ability to understand what was going on and what he needed to do, is that what you are trying to tell me today PA -yes sir, he did not understand what part he understood when he was being spoke to, I mean you can speak to him one thing is going to stick and what happened to stick in this situation was the removal of the car RA -okay PA -so he called his brother and told him to come remove this car or the City is going to start to fine me, so that is the part he absorbed into his mind, so that was done immediately and we weren't aware of the other situations that were taking place along with the car and things and when we did step in we seen all of this that they are asking us to do RA -Mrs. Arnold other than your testimony is there anyone else with you that would like to testify on behalf of Mr. Arnold PA -yes sir, his brother, and his sister RA -okay, go ahead let me bring them up for a moment then I will get back with you, okay who else VA -she kind of covered what I was going to say, I wasn't sure if she was going to remember it RA -okay, only if you would like to say something, go ahead, what is your name ST-my name is Selena Taylor RA -okay Mrs. Taylor you were sworn in, did you raise your right hand earlier ST-yes, I did RA -okay so you are under oath, what would you like for me to consider ST-it was a stranger that came to me and brought the letter that came out of my brother's mailbox, and she said you might want to look at this, so I looked at it and that is when I seen Code Enforcement and I immediately went to Code Enforcement to find out what we can do and how to stop this RA -when did that happen, when did you get the letter ST-when? July something RA -this year? ST-yes RA -please proceed ST-anyway I went to Code Enforcement to see if I could get this stopped, and the lady helped me get this filled out because I didn't know what to do. All I know is this person said there was another letter that came through the mail and it said that we have to get this yard cleaned up or they are going to fine us, well the minute they said that we got out there and started cleaning, it took us like a week to get everything done but we did get everything done and then the next thing I know we have a fine against us RA -okay Mrs. Taylor anything else ST-that's it RA-1 am going to ask the City Attorney if he has any questions for you GH-no, your honor, although I appreciate the testimony it is not particularly relevant to the overall determination, so I have no questions for them Page 6 of 11 VI. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: RA -okay thank you Mr. Hyden, anyone else? RA -okay, Mrs. Arnold what I am going to do is, I would like to and I appreciate the situation Mr. Arnold is in especially in his current condition and you are telling me that he is in a guardianship situation, so what I would like to do is defer this to the next hearing to provide a ruling in this case because I would like to see the determination of his incompetents for Mr. Arnold, you said you have copies of the letters PA -yes, I do RA -okay I want you to provide them to Mr. Smith so he can make copies and they will email them to me so I can look at them and the City Attorney will also look at them and I want to give the City Attorney and opportunity to evaluate it and you also need to contact Code Enforcement to see based on their evaluation of the situation if they are willing to concede further, if not then I will make a determination at the next Code Enforcement Hearing, okay PA-1 appreciate it and I just wanted to ask if you would like to ask Mr. Smith if he has any questions about the guardianship, like how it came about, I don't mind if you would like to ask AS-1 don't have any questions I understand what is going on PA -okay RA -okay when I get the report it will have a case number on it and I will look up the record whatever is available from the clerk of court, you said this happened in Okeechobee correct PA -yes sir RA -okay, and you have the competent reports, and I will take a look at it, I am familiar to some degree, as an attorney I have delt with it, with this particular issue, I will take everything into consideration along with everything you have said today and what Mrs. Taylor said and come to a fair decision in this case, I understand there is some special circumstances here but also on the other hand the City is also conceding to 75 percent of the fine reduction, so I will look at the reports, give you another chance to discuss the matter and have the City Attorney look at the issue also if they are willing to work with you further, if not then I will make a ruling at the next hearing, on or before the next hearing PA -yes sir, I would also like to ask if possible while we are waiting on the next hearing for Code Enforcement to take initiative to go by and check the property which they have gone by to see that it is in compliance, to see that we are continuing with this, we just didn't do this to show up at the hearing to say we did this, I don't want that I want them to see that we are continuing with this and we have kept our word on what we said RA -we might not need another hearing, I might be able to come up with a ruling within the next two weeks, if you can provide that within the next few days, I will take a look at it and I will review what is on record, then I will make a ruling, but you also need to get ahold of Code Enforcement and see if they are willing to work with you any further, and if they won't then I will make a determination at that time PA -yes sir, now I know I do not have copies of Judge Whites statements RA -Judge Whites ruling PA -she withheld her ruling, but her statement RA -you just had a hearing PA -yes, we just had a hearing, we have to retain counsel for her ruling, but her statement made at the hearing was if she had to rule at that moment, she would have to declare him incompetent without a guardian which means he would have had to be placed into nursing care. She said instead of doing that, she would just hold my Power of Attorney in effect until we could retain legal counsel RA -okay PA -do you need copies of what she actually said Page 7 of 11 V. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: RA -I will see if it is available in the record, but I more interested in the incompetent reports PA -okay I have those RA -I have been in front of Judge White before also and her decision and rulings are pertaining to the guardianship issues and my ruling here is for the purposes of whether or not, we should further reduce the lien in this case. The City is already conceding as much as 75 percent PA -one other thing your honor while you are considering it, I would ask you to take into consideration that at that time he was also declared indigent RA -okay, do you have a copy was he actually declared indigent by the court PA -yes, by the court and his court appointed attorney which is Attorney Gray out of Stuart RA -okay PA -yes, he was declared indigent at that time by the courts and his attorney that was appointed to represent him RA -okay, I will take that into consideration as well PA -that is in the court records as well RA -okay, Mr. Hyden GH-I just want to say I have a little concern that we are starting to get into matters of a guardianship that are not really relevant to the particular matter at hand. Whether an individual was deemed indigent by the clerk of courts in an guardianship proceeding is really not relevant as to whether or not the City under its ordinances was right or wrong to impose a fine or whether or not it is right or wrong for a fine reduction, the City has to treat all applicants the same when they apply for a fine reduction, while I certainly appreciate the information that this individual was deemed indigent by the clerk of the court for the purposes of a guardianship proceeding that really isn't applicable to whether or not a fine reduction should be granted consistent with the City's policies for its residents RA -thank you for your argument, Mr. Hyden, I will also take that into consideration, I will have a ruling within the next two weeks PA -I am not asking for a reduction ruling due to indigent I am asking due to the incompetence RA -okay, anything else Mrs. Arnold PA -no sir RA -anything else Mr. Hyden on behalf of the City GH-no sir RA -I will withhold ruling for probably another week I would like to take a look at the incompetent sheet PA -thank you, your honor I appreciate it very much RA -thank you VI. COMPLIED CASES A. Case No. 220519008; Carl and Rebecca Maxwell, 315 Southwest 2"d Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 3). AS -violation of Chapter 30, Sections 30-43 Public nuisances for piles of debris down the fence line and back of the property, 30-44 General cleaning and beautification for overgrown grass and weeds. The respondent is not a repeat violator. The respondent was first notified on March 29, 2022 via regular mail. On July 12, 2022 Case presented to the Special Magistrate found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day, plus a one-time $50.00 administrative fee to begin 21 days after the date of this hearing, unless Page 8 of 11 VI. COMPLIED CASES A. CONTINUED: the property owner brings the property into compliance on or before that date. On July 14, 2022 Lien/Order mailed via USPS certified return receipt, received by Carl Maxwell on July 18, 2022. On August 2, 2022 Mr. Maxwell called in spoke with Code Officer Smith and advised that property in in compliance. 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 30-43 Public nuisances and 30-44 General cleaning and beautification. RA-1 would like to ask the City Attorney, Mr. Hyden is there anything you would like to ask or anything you would like to add in this case GH-no sir RA -okay thank you Mr. Hyden I am going to make a ruling in this case of the City of Okeechobee vs Carl and Rebecca Maxwell, Case #220519008 having the respondents in this case were found in violation and their fine was to begin 21 days after the ruling of this court at the rate of $50.00 per day, the respondents in this case did come into compliance within that time period so, the City's recommendation that no further action be taken but request that the record be recorded that they were in violation for purposes of repeat offenders if they commit another violation. I will find that the recommendation is reasonable in this case, and I will make a ruling that no further action will be taken because the property did come into compliance but be noted that they were in violation of this particular case. Anything else you would like to add Mr. Smith AS -no sir RA -anything further on this one Mrs. Curl CC -no sir RA -alright next case B. 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 4). AS -violation of Chapter 30, Sections 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 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. On 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. On 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. On May 5, 2022 Property manager Henao Lopez came in and filled out Fine Reduction Request Form with Code Officer Curl for the July 12th hearing and a SOV/NOH for the July 12th Hearing mailed via USPS certified return receipt. Received on May 10, 2022, signature not legible. On July 12, 2022 Case presented to the Special Magistrate for the Fine Reduction Request. Special Magistrate Azcona ruled to reduce the fine by 75 percent, reducing the fine from $800.00 to $200.00 plus a $50.00 administrative fee, totaling $250.00 to be paid within 60 days. On August 4, 2022 Property owner came into the office and paid the fine reduction in full in the amount of $250.00. On August 9, 2022 Recorded Release of Lien at the Okeechobee County Clerk of Court, Official Records File #2022010845, Page(s): 1. The City recommends no action on this matter, but request it be noted for the record that the lien has been paid in full and a Release of Lien was recorded on August 9, 2022. Page 9 of 11 VI. COMPLIED CASES CONTINUED B. CONTINUED: RA -okay I will ask the City Attorney, Mr. Hyden is there anything else you would like to add in this case GH-no sir RA -okay thank you Mr. Hyden so in the case of the City of Okeechobee vs Nika's Investments, Case #220126008 1 will make a finding according to the testimony of the certified Code Enforcement Officer the respondent in this case has come into compliance and the fine stopped accruing at $800.00 and with the recommendation of reduction of 75 percent which reduced it to $200.00 and adding a $50.00 administrative fee, totaling $250.00, the fine was actually paid by the owner, and the City's recommendation is reasonable and I will make a ruling that no further action be taken in this case at this time and it will be noted for the record that the lien was paid in full and the Release of Lien has been recorded on August 9, 2022 VII. NEW CASES A. Case No. 220812010; Robbie Lee Melear and Tammy Lynn Jordan, 1004 Northwest 6th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30- 44 General cleaning and beautification. International Property Maintenance Code Chapter 3, Section 304.1.1 Unsafe conditions (Exhibit 5). AS -violation of Chapter 30, Sections 30-43 Public nuisances for overgrown vegetation all over the property, 30-44 General cleaning and beautification for the property and the structure in need of cleaning and upkeep. IPMC Chapter 3, Section 304.1.1 Unsafe conditions for a hole in the roof and unsecured structure. The respondent is not a repeat violator. The respondent was first notified on July 28, 2022 via Courtesy Card. On August 11, 2022 Code Officer Smith inspected the property; still non -compliant. On August 12, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the October 11, 2022 Hearing, returned/unable to forward on August 23, 2022. On August 22, 2022 Building Official Jeff Newell completed inspection and provided photos and tax lien documentation. On August 25, 2022 Code Officer Smith posted the Notice to Appear at the property and City Hall for the September 13th hearing. Photos in file. On September 6, 2022 Code Officer Smith inspected the property; still non -compliant. Photos in file. To comply with City ordinances, cut all the overgrown vegetation, address the hole in the roof, secure the structure and general cleaning and maintenance of the structure. The City recommends a fine of $50.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on September 13, 2022, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee RA -Mr. Smith I see that you have attached a lot of exhibits here and all the photos were taken on the date they were posted, and they were taken by you AS -not all the photos some of the photos were taken by the Building Inspector Jeff Newell, the ones that were taken on August 22, 2022 RA -these photos accurately represent the premises as it appears in these photos AS -yes, they do RA-1 see that you attempted to send mail certified, but it was returned AS -yes, it was RA -you posted the property in this case AS -yes sir RA-1 see a picture of the posting, so you never actually got in contact with the owner in person AS -no we have not been able to make personal contact with the owner, no we haven't RA -okay, alright before I make a ruling, I would like to give the City Attorney an opportunity to add or ask anything for argument Mr. Hyden Page 10 of 11 VII. NEW CASES CONTINUED A. CONTINUED: GH-very brief, Code Officer Smith is the proposed fine that you are recommending consistent with the City's fine schedule AS -yes, it is GH-1 have nothing further RA -okay thank you Mr. Hyden, I will make a ruling in this case of the City of Okeechobee vs. Robbie Lee Melear and Tammy Lynn Jordan, Case #220812010 that on or about July 28, 2022 the Code Enforcement Officer visited the premises and sited the respondents in this case for Chapter 30, Sections 30-43 Public nuisances for having overgrown vegetation all over the property, 30-44 General cleaning and beautification showing that the structure and property is in need of cleaning and upkeep and IPMC Chapter 3, Section 304-1.1 Unsafe conditions for having a hole in the roof and unsecured structure. I will make a ruling today based on the exhibits presented by the certified Code Enforcement Officer Mr. Smith together with his testimony as the exhibits presented in this case there are more than sufficient bases for the allegations in this case, I can see a picture of the roof here, there is a hole in the roof, there is certainly vegetation around the property and even though there was an attempt to send certified mail to the respondent in this case, the City has satisfied the requirement for notice in this case when the posted on the property with the violation for the purposes of this hearing and code enforcement so I will find that the respondents in this case are in violation of allegations by the City of Chapter 30, Sections 30-43 Public nuisances for overgrown vegetation, 30-44 General cleaning and beautification and IPMC Chapter 3, Section 304.1.1 Unsafe conditions and I will follow the City's recommendation of a $50.00 per day fine 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 admin fee. Anything else Mr. Smith AS -no sir RA -Mrs. Curl CC -no sir RA -okay nothing further that will be the ruling VIII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:49 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 11 of 11