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2022-09-13 VI. A. Exhibit 3Exhibit 3 VI. A. Exhibit #3 Case #220519008 Carl and Rebecca Maxwell Exhibit 3 Code Enforcement Hearing September 13, 2022 Case Number, Name and Address: Case# 220519008, Carl, and Rebecca Maxwell, 315 SW 2"d 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 via regular mail. • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Received Date by received/returned July 12, 2022 Case presented to the Special Magistrate found in violation of CH 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 the property owner brings the property into compliance on or before that date July 14, 2022 Lien/Order mailed via USPS certified return receipt Carl July 18, 2022 Maxwell 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 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 30-43 Public nuisances and 30-44 General cleaning and beautification. Chronology attached Page 1 of 1 AMBom& Case #220519008; Carl & Rebecca Maxwell Date Event/Document March 29, 2022 Property Owner- Carl & Rebecca Maxwell Address-315 SW 2nd 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 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, 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. July 12, 2022 Case presented to the Special Magistrate found in violation of CH 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 the property owner brings the property into compliance on or before that date. Page 1 of 2 Exhibit 3 Case #220519008; Carl & Rebecca Maxwell Date Event/Document July 13, 2022 Lien/Order prepared for the Special Magistrate's signature July 14, 2022 Lien/Order signed by the Special Magistrate July 14, 2022 Lien/Order mailed via USPS certified return receipt. Received by Carl Maxwell on July 18, 2022. August 2, 2022 Mr. Maxwell called in spoke with Code Officer Smith and advised me that the property had been brought into compliance, and that I could come out an inspect the property. Code Officer inspected the property, in compliance. Photos in file. Closed Page 2 of 2 Exhibit 3 i I x k Exhibit 3 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: Mpver/grown Weeds, Grass, Bushes or Shrubs 0 Unauthorized Signs, Flags or Banners ,ktrash, 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 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 377 FWy OF OKEfChO�T CITY OF OKEECHOBEE CODE ENFORCEMENT ,s JULY 12, 2022, SPECIAL MAGISTRATE HEARING 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 3ro Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. 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 8"' 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 211 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 Exhibit 3 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, Section)0-41 Disabled vehicles, 30-44 General cleaning and beautification. Vill. ADJOURN MEETING There being no further business to come before the Special Magi rate—, t F"eari was adjourned at 6:36 P.M. Azcona, ATTES T: 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 Exhibit 3 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2M Avenue Okeechobee, Florida 34974 CITY OF OKEECHOBEE, PETITIONER -vs- Carl and Rebecca Maxwell, RESPONDENT CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO.220519008 LIEN I ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on July 12, 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: Carl and Rebecca Maxwell Property Location: 315 Southwest 2nd Street, Okeechobee, FL. 34974 Legal Description: Lots 45, and 6 of Block 175, CITY OF OKEECHOBEE, Plat Book 5, Page 5, public records of Okeechobee County, Florida Parcel: 3-15-37-35-0010-01750-0040 (34110) 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 IDescri tion 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 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 315 Southwest 2nd Street, Okeechobee, Florida. If you do not correct the violations by August 2, 2022, the Magistrate hereby imposes a fine of IK&q per day, including a one-time administrative fee of J50.00, 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 12th day of July, 2022. Code ATTEST: - 0 � A J Xb;�Q)_,, 0AX11 C*Oina Curl, Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE Of Roger Azcona; The foregoing instrument was acknowledged before me this Lq day of 205;a by Roger Azcona and Christina Curl by means of 6ysical presence or O online notarization, who produced as identification orJe!!-j is personally kno%in to me and who did take an oath. /' Signature of Notary T� Ndiy F+W STara of Florida Jeama L Kovac Nry camroseon MM 070818 Eq�Yes wtoraoza Exhibit 3 a" Ln r-1 ul CD m ul m ED Iq ru 1:3 rL U.S. Postal service"' CERTIFIED MAILO RECEIPT Domestic Mail Only Exhibit 3 A ■ Complete items 1, 2, and 3. . Signature ■ Print your name and address on the reverse x 1�/ Agent ❑ Addressee so that we can return the card to you. _tL ■ Attach this card to the back of the mailpiece Received by (Printed Name) C. Date of Dellve or on the front if space permits. s A ii,la n irascad tn_ _ D. . Is delivery address different from item 1? ❑ Yes Carl Maxwell � delivery address below: ❑ No Rebecca Maxweii- _= 1621 Lake Dr, BHR Okeechobee, FL 34974 _ ❑ Priority Mail Express® I)I'I'I'II'III'II(I II II I' I'II'I!'II�II II('I� ciAdult Signature ❑ Registered MailT ❑ ult Signature Restricted Delivery ❑Registered Mail Restricted Qertlfied Mail® rvery 9590 9402 t 1284 7984 01 ❑ ertified Mail Restricted Delivery nature ConfirmationTM ❑ Collect an Delivery ignature Confirrnatlon 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery Restricted Delivery -" lail 7021 0350 0001 5117 1059 la 0, f1 Restricted Deliver PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 3 0U002090022 0OMO cog 0 OC�.p2 0m ZOO