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2022-09-13 VI. B. Exhibit 4Exhibit 4 VI. B. Exhibit #4 Case #220126008 Nika's Investments of FL Inc. Exhibit 4 Code Enforcement Hearing September 13, 2022 Case Number, Name and Address: Case# 220126008, Nika's Investments of FL Inc., 814 SE 8th St. Code Section Violated Description of Violation Chapter 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 beatification Photos: See attached Is respondent a Repeat Violator? No 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 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 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 hearing May 5, 2022 SOV/NOH for the July 121h Hearing mailed via USPS certified return Signature May 10, 2022 receipt. Received on May 10, 2022, signature not legible not legible 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 August 4, 2022 Property owner came into the office and paid the fine reduction in full in the amount of $250.00 August 9,2022 Recorded Release of Lien at the Okeechobee Clerk of Court, Official Records File #2022010845, Pa e s : 1 City Recommendation: 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. Chronology attached Page 1 of 1 Exhibit 4 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 811 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 8th 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 3 Exhibit 4 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 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 12t" Hearing and that they would receive a notice in the mail advising of that Hearing. May 5, 2022 SOV/NOH for the July 121" Hearing mailed via USPS certified return receipt. Received on May 10, 2022, signature not legible. 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. July 20, 2022 Fine Reduction approval letter mailed via USPS certified return receipt. Received on August 1, 2022, signature not legible. August 1, 2022 Property owner called in and spoke with Code Officer Smith advised me that she would be in shortly to pay the fine. She never showed. Page 2 of 3 Exhibit 4 Case #220126008, Nika's Investments of FL Inc. Date Event/Document August 4, 2022 Property owner came into the office and paid the fine reduction in full in the amount of $250.00. August 4, 2022 Release of Lien prepared for the Mayor's signature. August 9, 2022 Recorded Release of Lien at the Okeechobee Clerk of Court, Official Records File #2022010845, Page(s): 1. August 9, 2022 Recorded Release of Lien mailed via regular mail to property owner. Page 3 of 3 Exhibit 477 ��``FoxEE`yo� CITY OF OKEECHOBEE CODE ENFORCEMENT T JULY 12, 2022, SPECIAL MAGISTRATE HEARING 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 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 81' 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 81" 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 3'd 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 Exhibit 4 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. // VIII. ADJOURN MEETING There being no further business to come before the Special Magi rat""earg as adjourned at 6:36 P.M. yip Azcona, 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 Exhibit 4 City of Okeechobee Code Enforcement 50 SE 2nd Street Okeechobee, Florida 34974 (863)763-9795 July 20, 2022 Nika's Investments of FL Inc. PO Box 562 Okeechobee, FL. 34973 Re: 814 SE 8t" St, Okeechobee, FL. 34974 Case No.: 220126008 Dear Property Owner: This letter is to notify you that your request for a Fine Reduction was approved by the Special Magistrate on July 12, 2022. The fine was reduced from $800.00 to $200.00 plus a $50.00 administrative fee. The total amount due is $250.00 including the $50.00 administrative fee. Please remit payment to the City of Okeechobee, Code Enforcement Office, 50 SE 2nd Ave, Okeechobee, FL. 34974 within 30 days, unless other arrangements have been made, to avoid any foreclosure proceedings being filed against the above -mentioned property. Once the fine has been paid in full, a Release of Lien will be recorded to release the lien on the property and close the case. If you have any questions, please contact our office at 863-763-9795. Sincerely, Anthony Smith City of Okeechobee Code Enforcement Officer (863) 763-9795 asmith dr cityofokeechobee.com Exhibit 4 IDomestic Mail C For delivery inforn aCartiffad F-q Mail Fee $ Ln Extra Services & Fees (check bax; add fe& as appropriate) 0 Return Receipt (hwd-py) $ f-1 0 natum Receipt (Oiaetmnic) $— C3 [D Certified Mail Restricted Delivery S C-3 00 C] Adult Signature Required $ Adult Signature Restricted Delivery S C3 Postage Ln $ Total Postage and FOGQ M C3 --I r- ru - A;- C3 -------- Orix, iNly, Exhibit 4 1 COMPLETESENDER: COMPLETE THIS SECTION 1 • NO DELIVERY - ■ Complete items 1, 2, and 3. A. signIture ■ 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 maiiplece, B. Rec ed by (Printed Name) C. Date of Delivery or on the front If space permits. ddress difWwt from item l? ❑ Yes Nika's Investments of FL Inc rdeliveryaddressbe��V [3 No PO Box 562 Okeechobee. FL. 34973 3. Service Type ❑ Priority Mall Express® ❑Adult Signature ❑ Registered Mail- ult Signature Restricted Delivery ❑Registered Mall Restricted 11 rtified Mail® a 9590 9402 7234 1284 7984 32 Certified Mail Restricted Delivery 4gIfvnatruY re Confirmation- 0 Collect on Delivery O Signature Confirmation 2. Article Numhar frrarefar firm —u... r.-- ^ ^""-"' -i Delivery Restricted Delivery Restricted Delivery 7021 0350 0001 5117 1066 ai ail Restricted Delivery -- --- I (over $500) q PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 4 N2 49766 CITY OF OKEECHOBEEI FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 CLERK Exhibit 4 PREPARED BY AND RETURN TO: City of Okeechobee Code Enforcement Department 50 Southeast 2°a Avenue Okeechobee, Florida 34974 Official Records Fie#2022010845 Page(s):1 Jerald D Bryant Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 8/9/2022 1:59 PM Fees: RECORDING $10.00 RELEASE OF LIEN The City of Okeechobee ("City"), is the owner and holder of the Lien/Order recorded on April 5, 2022 in OR File No.2022004692, Page(s) 1 of the Official Records of Okeechobee County, Florida, claiming a Lien against the property described as follows: City Case No: 220126008 Property Owner: Nika's Investments of FL Site Address: 814 Southeast 8t" Street, Okeechobee, FL. 34974 Legal Description: Lot 7 of Block 5, REVISED PLAT OF WILCOX SHORES, according to the plat thereof recorded in Plat Book 3, Page 5, public records of Okeechobee County, Florida Parcel ID No.: 3-22-37-35-0270-00050-0070 (35490) ("Property"). The City hereby fully releases said Lien/Order against the Property and considers same to be cancelled and discharged of record. While this Release of Lien is intended to release the aforementioned Property from the Lien/Order fully and completely, it is not intended to release or embrace contractual rights. City of Okeechobee Dowling R. Watford, Jr., M yor �1/SL ,��7a Date Sworn to (or affirmed) and subscribed before, by means of Rphysical presence or ❑ online notarization, me this ,1�LL— day of ( , 2022, by b?MJ1[r1Gs' �. &)0J&rd, Ljr. , who is a personally known to me or ❑ provided the following STEPHANIE LANE GAMIOTEA ? o Commission # GG 344249 e� Explres June 29, 2023 �OF F1.0' Bonded Thm Budget"S&yM NOTARY PUBLIC State of Florida at Large My Commission Expires: