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2022-10-11 Handwritten Minutes ''a `�y.oF,oKE�c CITY OF OKEECHOBEE CODE ENFORCEMENT .-� „‘ OCTOBER 11, 2022 SPECIAL MAGISTRATE HEARING �� -n♦ m4 II • 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 a�•`� HANDWRITTEN MINUTES — CHRISTINA CURL 40,04/10. 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 October 11, 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 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 September 13, 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, Mr. Perry S. Arnold, and Mrs. Selena Taylor. V. FINE REDUCTION REQUESTS CONTINUED A. Case No. 211202009; Home Discounters LLC (Melissa Dee Harden), 1008 Southwest 2nd Street, Violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30- 44 General cleaning and beautification (Exhibit 1). 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 and debris in the front and side of the home, 30-44 General cleaning and beautification for overgrown vegetation. On August 17, 2022 property was inspected by Code Officer Smith and found to be in compliance. On August 18, 2022 Fine Reduction request received from property owner. On August 19, 2022 SOV/NOH mailed via USPS certified return receipt for the September 13th Hearing for Fine Reduction consideration, received on August 26, 2022, signature not legible. On September 13, 2022 case presented to the Special Magistrate for Fine Reduction; property owner requested that the fine be reduced by 90 percent as they brought the property into compliance immediately after they took possession of the property. The City recommended a fine reduction of 75 percent, plus a $50.00 administrative fee. Special Magistrate Azcona reserved ruling until on or before the next Hearing to review all evidence. On September 23, 2022 SOV/NOH mailed via USPS certified return receipt for the October 11th Hearing. On October 4, 2022 received the Special Magistrate's Order on request for Fine Reduction. On October 6, 2022 SOV/NOH for the October 11th Hearing emailed to investoralertmdc gmail.com as requested by Alana. The City is requesting the Special Magistrate's Fine Reduction ruling from the September 13th hearing be noted for the record. Page 1 of 10 V. FINE REDUCTION REQUESTS CONTINUED A. CONTINUED: RA-okay so today is our Special Magistrate Hearing and I did sign the submitted order and up lining my order for request for line reduction, so that order is now entered and noted into the record. Anything else in this case Mr. Smith AS-no sir RA-anything further on this one Mr. Hyden GH-no your honor RA-okay nothing else we will move on to the next case 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 stack of lumber, tires, and electrical cords and Chapter 82, Section 82-124 Permits for two unpermitted structures. On July 26, 2022 property was inspected by Code Officer Smith and found to be in compliance. On August 23, 2022 Fine Reduction request received from the guardian of Mr. Arnold. On August 23, 2022 SOV/NOH mailed via USPS certified return receipt for the September 13th Hearing, received by Perry S. Arnold and Selena Taylor on August 26, 2022. On September 13, 2022 Case presented to the Special Magistrate; property owners guardian requested that the fine be dismissed due to special circumstances. The City recommended that the fine be reduced by 75 percent, plus a $50.00 administrative fee. Special Magistrate Azcona reserved ruling until on or before the next Hearing to review all evidence. On September 23, 2022 SOV/NOH mailed via USPS certified return receipt for the October 11th Hearing, received by Perry S Arnold on September 30, 2022. The City is requesting the Special Magistrate's Fine Reduction ruling from the September 13th hearing be noted for the record. RA-okay, thank you Mr. Smith and does Mr. Hyden have anything else to add for the city or questions for Mr. Smith GH-no your honor we covered this case at the prior hearing, this is the case regarding guardianship we are just waiting for your entry of your report RA-did you have an opportunity to look at the exhibits that were provided by the respondent in this case GH-yes RA-okay alright, madam you are here on behalf of Mr. Arnold PA-yes RA-can you state your name for the record PA-Pamela Arnold RA-Pamela Arnold, I remember you from last time I received the paperwork that was requested, and I have reviewed the transcript in this case but I wanted to see this and get this from you so I could go over it and make a final ruling, is there anything else you would like to add today that you did not tell me last time other than what you provided for me to consider PA-I would just like you to read the adjudication reference to the incapacity report when the judge was explaining her findings, she made a note that whoever spent any time speaking with Mr. Arnold should have realized at that moment that it was clear that he was not getting it and understanding what was going on. We had an examining committee it was a psychiatrist, a doctor and a layman person on that and I wanted you to review her findings on the incapacity and what Judge White had found and if you may address any questions that you have to her as she does have all the reports from the examining committee RA-okay PA-I am sure that someone has been by there to see that we are keeping it in compliance RA-okay PA-since we found out the situation, we have been taking care of it to the best of our ability. We do have the appointment for the guardianship now, so they do have the legal rights to step in and do what they need to do, and that was a situation all in itself, but it had to be got done. I would Page 2 of 10 V. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: like to know, if at all possible, who was the person who actually spoke with Mr. Arnold, who talked to him, who notified him RA-yeah AS-I notified him by mail, I never spoke with him, I spoke with the person who was renting the place, the little lady who come up and spoke with me, it was her ST-no, he said it was a lady who talked to him AS-yeah RA-is that Mr. Arnold PA-yes this is Mr. Arnold RA-Mr. Preston Arnold PA-Perry Arnold RA-Mr. Perry Arnold, how are you doing sir AS-I never spoke with him CC-I spoke to him when I was called out to the scene by narcotics task force, and I explained to him what was going on at the scene and some of the things that needed to be corrected and at that time he acted like he understood what I was saying to him RA-okay, thank you Mrs. Curl. Mrs. Arnold when did you provide us copies to the Code Enforcement PA-when I came in tonight RA-oh when you came in tonight PA-they were issued on the 3rd, and I had to print them today RA-okay, thank you. Mrs. Arnold have you had the opportunity to discuss this with Code Enforcement PA-I have not discussed it with nobody RA-okay PA-we were waiting to actually get legal authorization, I mean I have had power of attorney since 2016 RA-okay PA-but we were waiting for the guardianship papers to be legalize and to have the authority to discuss the issues, in our opinion I don't agree with the situation because Perry didn't understand what was going on and what was being said and what the repercussions was RA-okay PA-he said he caught part of it and the part he caught was he had to move the car RA-okay PA-and when called his brother we immediately did that, but that is all we knew of at the moment I would like you to take things into account there is more to the story than John was riding down the road there is a lot to be considered into this RA-okay I appreciate what you are saying Mrs. Arnold, other than yourself is there anyone else testifying for Mr. Arnold PA-probably just me RA-okay, just you, I would like to ask the City Attorney, Mr. Hyden do you have any questions for Mrs. Pamela Arnold GH-I don't, this is the same testimony that we had at the prior hearing RA-okay having heard Mrs. Arnold and you probably just got the copy, did Mr. Hyden receive a copy CC-no he did not, we just received it right before the hearing RA-okay, since Mr. Hyden has not reviewed this document, I will give Mr. Hyden the opportunity to review these documents and somehow submit if he has any additional arguments other than what he is going to make today, I would like to give him the opportunity. Mr. Hyden do you have any arguments for the city GH-the same argument as last time the city has a policy in regards to how they recommend fine reductions and as I certainly sympathize with the guardianship matters there we have to treat all residents and applicants the same way and if we start parceling out that a homeowner is involved in some type of ligation that gets more sympathy than a different type of ligation then they city opens itself up to claims of nepotism, so the city has established a policy by which it provides Page 3 of 10 V. FINE REDUCTION REQUESTS CONTINUED B. CONTINUED: consistent recommendations on consistent requests for fine reduction. This is a property owner, there is an obligation to maintain the property that was not done a fine was imposed pursuant to the rules that govern our staff and the city ordinances the city I think was consistent with the fine reduction that was recommended so we stand by that fine reduction RA-okay thank you Mr. Hyden. Mrs. Arnold I will review this record thoroughly and I will try to make a decision for you on this ruling hopefully by the end of this week PA-I would also like to add RA-okay PA-as Perry's Power of Attorney that has been recorded at the courthouse since 2017 with my full name address phone number and anytime, they needed me to come there for narcotics or whatever, that is when we had to step in because of all these issues that were going on, anytime they needed me to come do something to that effect they could find me, they could get ahold of me. I never got a certified letter, I never got a phone call, I never got a notice, I never got anything but when it was convenient for them or when they needed me the City Police Officers or any other people around, they could reach me they knew how to find me everybody had it on file. He wears an alert around his neck to reach me all his has to do is push a button to get me and I never got informed of any violation and I never got a letter on any of the violations but when it was convenient for them and they needed my help they could get me but when the City wants to take it, like I said we done, if you see what we started with, you seen by the pictures and see what we have done now we are not asking for any special circumstances or anything to that effect but if a mother was in a wheel chair and she has no arms or legs and her grass is two inches high are you going to fine her for that because she couldn't get out there and mow the grass, someone has to be notified to come give her some help. So that is what we have done, when we got notified, we went and gave him some help, and I think the city attorney is saying that he can't give special recognition to somebody he doesn't take into consideration it's not that we are asking for a favor on this, if Perry had been, like I said they can get ahold of me for anything else, if they needed me, they should have sent a certified letter to me. I would of knew way ahead of time before this all come to you, I could have had it all taken care of, but I wasn't aware of it. Like I said when its convenient for them they can find me. RA-Thank you Mrs. Arnold I will have a ruling in the next few days PA-I am just frustrated and especially by someone who is not even from here, I'm just frustrated. I think it is just so wrong RA-okay, like I said I will make a ruling in the next few days, now that I have that I have the report that I asked for last time I will take all this into consideration VA-can I say something RA-sure VA-why do we have an attorney for Okeechobee City out of Palm Beach County, I am registered to vote we vote for the county, city, the governor, the president, I have been here all my life I am 61 years old, why do we have to give another county our tax money to provide for our city why don't we hire an attorney from out of our city and why don't we keep the money at home RA-I can't answer that question you would have to ask the City Council for that or the Clerk VA-I would like to know, and, in the future, I am going to get into all of this and find out RA-okay sure I am sure you can ask those questions to the right people in charge I am just here as a mutual third party to decide and serve a ruling VA-all due respect I am just curious as to why we have an attorney from another county it doesn't make sense, keep your money at home, we have some good attorneys around here RA-okay thank you, anything else? Okay thank you very much for that case okay Mr. Smith let's move on, okay I will make ruling on your case thank you very much for being here VA-okay thank you VI. COMPLIED CASES A. Case No. 220826012; Capital C Inc, 304 Southwest 3rd Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 3). Page 4 of 10 VI. COMPLIED CASES CONTINUED A. CONTINUED: AS-violation of Chapter 30, Section 30-43 Public nuisance for overgrown shrubs, 30-44 General cleaning and beautification for overgrown grass and weeds. The respondent is not a repeat violator. The respondent was first notified on July 20, 2022 via Courtesy Card. On August 25, 2022 Code Officer Smith inspected the property, still non-compliant, photos in file. On August 29, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the October 11th Hearing, received on September 1, 2022, signature not legible. On September 9, 2022 Code Officer Smith inspected the property, still non-compliant, photos in file. On October 5, 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- 43 Public nuisances and 30-44 General cleaning and beautification. RA-okay I am reviewing the exhibits provided by the certified code enforcement officer, Mr. Hyden is there anything else you would like to add GH-not on this matter, no thank you RA-I will make a ruling in the case I have reviewed the record in the case of the City of Okeechobee vs Capital C Inc, Case #220826012, cited for Chapter 30, Sections 30-43 Public nuisances for overgrown shrubs, 30-44 General cleaning and beautification and having heard the testimony of the certified Code Enforcement Officer Mr. Smith and all the exhibits presented at this hearing and Mr. Smith the exhibits presented here these pictures were taken by you AS-yes, they were RA-and these images are an accurate representation of the condition of the property at the time the pictures were taken AS-yes RA-I will find that there is factual basis for the allegations in this case for the overgrown shrubs, grass and weeds, I can see it from examining the exhibits there is overgrown grass at least about a foot and half tall, it doesn't look as it has been cleaned at least for several months from looking and examining these pictures from these images that were taken on or about July 20, 2022, so we will note that, even though the property has come into compliance on or about October 5, 2022 upon inspection by certified Code Enforcement Officer Mr. Smith it was in violation from July 20, 2022 until it came into compliance on October 5, 2022. The City's recommendation in this case is to take no further action but we will just note for the record that the property and owner in this case was in violation even though it has come into compliance. This is for the purpose of noting the record, so we will note no further action in this case but will note that they had a prior violation. Anything else Mr. Smith AS-no sir RA-Mrs. Curl CC-no sir RA-okay nothing further, lets move on to the next case B. Case No. 220601005; Grand Lake Investments, Inc., Northwest 5th 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 for a vacant lot that has overgrown grass and weeds, 30-44 General cleaning and beautification. The respondent is not a repeat violator. The respondent was first notified on May 11, 2022 via Courtesy Card. On May 31, 2022 Code Officer Smith inspected the property: still non-compliance, Photos in file. On June 1, 2022 SOV/NOH mailed via USPS certified return receipt for the August 9th Hearing, returned unclaimed on June 27, 2022. On June 28, 2022 Code Officer Smith posted the property and City Hall for the next Special Magistrate Hearing on August 9, 2021 @ 6:00pm. On June 28, 2022 Code Officer Smith inspected the property: still non-compliance, Photos in file. On July 18, 2022 Code Officer Smith inspected the property: still non-compliance, Photos in file. On August 2, 2022 Code Officer Smith inspected the property: still non-compliance, Photos in file. On August 9, 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 to begin 21-days after the date of the Special Magistrate Hearing on August 9, 2022, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. Fine accrual will Page 5 of 10 VI. COMPLIED CASES CONTINUED B. CONTINUED: begin on August 31, 2022. On August 12, 2022 Lien/Order mailed via USPS certified return receipt to the Agent of Record and prepared to be posted at the property and City Hall public notices board, received by Danny Creech on August 17, 2022. On August 15, 2022 Lien/Order posted at the property and City Hall, photos in file. On September 1, 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 30-43 Public nuisances and 30-44 General cleaning and beautification, and no lien/order was recorded, no fine accrued. RA-I would like to ask the City Attorney is there anything else you would like to add Mr. Hyden GH-no your honor, thank you RA-in reviewing this case we have already found that there was a violation and had an order that the fine would accrue 21-days after the date of the Special Magistrate Hearing and since the property came into compliance no fines accrued the city now recommends that no further action be taken in this matter that this case is closed, however it will be noted that there was a prior violation in this case before coming into compliance, and so that is what we will do, it will be noted C. Case No. 220908009; Williamson Cattle Company, 1612 South Parrott Avenue, Violation of Code of Ordinances Chapter 30, Section 30-44 General cleaning and beautification (Exhibit 5). AS-violation of Chapter 30, Section 30-44 General cleaning and beautification for overgrown grass and weeds on the perimeter of the property. The respondent is not a repeat violator. The respondent was first notified on August 4, 2022 via Courtesy Card. On August 22, 2022 Code Officer Curl inspected the property, still non-compliant. Photos in file. On September 6, 2022 Code Officer Curl inspected the property, still non-compliant. Photos in file. On September 8, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the October 11' Hearing, received by Amy Storey on September 13, 2022. On September 21, 2022 Representative from Williamson Cattle company called in and spoke to Code Officer Smith and advised the property was in compliance and that it was ready to be inspected. Code Officer Smith inspected the property: in compliance. Photos in file. Case Closed. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 30, Section 30- 44 General cleaning and beautification. RA-I would like to ask the city attorney if there is anything you would like to add in this case sir GH-no your honor RA-Mr. Smith you took the photos in this case AS-no sir Code Officer Curl took the photos RA-Mrs. Curl you took these photos CC-yes, I did RA-they are an accurate representation of the condition of the premises at the time they were taken CC-yes sir RA-okay I will make a ruling in this case in the case of the City of Okeechobee vs. Williamson Cattle Company, Case #220908009; the address to the property is 1612 S Parrott Ave and they were cited for Chapter 30, Section 30-44 General cleaning and beautification for having overgrown grass and weeds on the perimeter of the property and based on the testimony of the certified Code Enforcement Officer Mr. Smith together with the exhibits in this case presented at this hearing submitted and taken by Mrs. Curl I have examined the photos the exhibits and there is sufficient factual basis for the allegations and the citation in this case I can see that there is a lot of overgrown weeds and shrubs and it looks like it has not been maintained probably not for several months and I will certainly make a finding in this case that the respondent was notified via courtesy card August 4, 2022 but the property did not come into compliance till September 21, 2022 so even though they did come into compliance and further action had been taken up to this point because they have come into compliance and the city recommends no further action on this case but request that we certainly note the violation for purposes of the record so we will note that even though the respondent in this case has come into compliance on September 21, 2022 we will note that they were in violation since August 4, 2022 until final inspection on September 21, Page 6 of 10 VI. COMPLIED CASES CONTINUED C. CONTINUED: 2022. So, I will rule in this case that no further action be taken in this matter. Anything else on this one Mr. Smith or Mrs. Curl AS-no sir CC-no your honor RA-alright move on to the next one D. Case No. 220908007; Rafael and Glorybee Corona, Southeast 10th Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances. Chapter 54, Section 54-51 Parking in residential neighborhood (Exhibit 6). AS-violation of Chapter 30, Sections 30-41 Disabled vehicles for disabled semitruck parked on the property for an extended period. 30-43 Public nuisance for numerous tires and semi parts on the property. Chapter 54, Section 54-51 Parking in residential neighborhood for a commercial semitruck parked on the property for an extended period. The respondent is not a repeat violator. The respondent was first notified on August 17, 2022 via Courtesy Card. On August 22, 2022 Code Officer Curl received a call from the property owner Rafael Corona he stated that he is working on cleaning up the property and they will be working on the disabled semi and hope to have it running by the end of the week. Best contact #863-634-6850. I advised him of the City Ordinances pertaining to have a semi parked in a residential neighborhood. On August 29, 2022 Code Officer Smith received a call from Mr. Corona he advised that he had made progress with cleaning up the property but was trying to have it done by the end of the week. He was having trouble with the disabled semi, and he was trying hard to get it up and running. I advised him to keep in contact with us about was going on and we could possibly give him an extension if progress is being made. On September 8, 2022 Code Officer Smith inspected the property; non- compliant, however the property owner has cleaned up all the debris and tires from the property, but the semi remains. Photos in file. On September 8, 2022 SOV/NOH and Photos mailed via USPS certified return receipt for the October 11th Hearing, received by Rafael Corona on September 12, 2022. On September 22, 2022 Code Officer Smith inspected the property: still non-compliant, Photo in file. Mr. Corona called in and stated that the disabled semi should be moved by Monday. On October 4, 2022 Mr. Corona called in stated the property was in compliance and ready for inspection. Code Officer Smith inspected the property: property in compliance, photos in file. Case Closed. 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 Chapter 54, Section 54-51 Parking in residential neighborhood RA- Mr. Hyden is there anything else you would like to add GH-no sir RA-thank you Mr. Hyden, so in this case of the City of Okeechobee vs Rafael and Glorybee Corona, Case#220908007; I will make a finding that based on the testimony of the certified code enforcement officer, I would like to ask a question, Mr. Smith did you take these photos AS-yes, I did RA-these photos are an accurate representation of the property at the time they were taken AS-yes, they were RA-and the address of the property is SE 10th Ave, Okeechobee AS-yes RA-okay so based on the testimony and the exhibits presented in this hearing I will make a ruling that the respondents in this case are in violation of Chapter 30, Sections 30-41 Disabled vehicles for having a disabled semitruck parked on the property for an extended period of time, 30-43 Public nuisances for having numerous tires and semi parts on the property and Chapter 54, Section 54-51 Parking in residential neighborhood for having a commercial semitruck parked on the property for an extended period of time. What looks like sufficient factual basis in this case I can see from examining the photos that there is a parked semitruck that looks like it has been in disrepair for an extended period of time. So, even though the property did come into compliance on October 4, 2022 it was in violation since August 17, 2022 when the certified code enforcement officer provided the courtesy card The city recommends no further action be taken in this case, but it will be noted for the record that the respondent in this case was in violation between the Page 7 of 10 VI. COMPLIED CASES CONTINUED D. CONTINUED: dates of August 17, 2022 and came into compliance on October 4, 2022. So, we will note that, and no further action will be taken in this matter. VII. NEW CASES A. Case No. 220908008; Ida Harrell (Dec), 1706 Southwest 2' Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 7). AS-violation of Chapter 30, Sections 30-40 Junk for a washer and a grill in the middle of the yard, 30-43 Public nuisances for debris all over the property, 30-44 General cleaning and beautification for overgrown grass, weeds, bushes, and shrubs. The respondent is not a repeat violator. The respondent was first notified on August 23, 2022 via Courtesy Card. On September 8, 2022 Code Officer Smith inspected the property; non-compliant. SOV/NOH and Photos mailed via USPS certified return receipt for the October 11th Hearing. On September 13, 2022 Property owner Dena Villarreal called and stated that she had moved the washing machine and grill, and the grass has been mowed. She also asked about what else needed to be done and if a hearing had been scheduled. Code Officer Curl advised her on what needed to be done to bring the property into compliance and that the Hearing was scheduled for October 11th at 6:00 pm. On September 22, 2022 Code Officer Smith inspected the property: still non-compliant. On October 5, 2022 Code Officer Smith/Curl inspected the property: still non-compliant. On October 6, 2022 Dena Villarreal called in (863) 801-6342 and spoke with Code Officer Smith advised that she had begun addressing the violations and she wanted to know what else she to do to bring the property into compliance. I advised her to cut back and shape the large shrub in the front yard and remove all the items from the front and side of the property. I also advised her how much time she had to bring the property into compliance before fines start to accrue. To comply with City ordinances, property owners need to cut and trim back all overgrown vegetation and remove all the debris from the yard. The City recommends a fine of $50.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on October 11, 2022, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee RA-Mr. Smith you took the photos dated October 5, 2022 AS-yes, I did RA-are they an accurate representation of the property in this case AS-yes, they are RA-okay I will make a ruling in the case of the City of Okeechobee vs. Ida Harrell, Case #220908008; that is being cited for Chapter 30, Sections 30-40 Junk for having a washer and a grill in the middle of the yard, 30-43 Public nuisances for having debris all over the property, 30- 44 General cleaning and beautification for having overgrown grass, weeds, bushes and shrubs based on the testimony and the exhibits presented in this hearing I see that there is sufficient factual basis for the allegations in this case I am ruling that the respondent in this case is in violation of the said chapters and sections I can certainly see that there is evidence of lack of maintenance and overgrown weeds and shrubs on the property and images that are dated August 22, 2022 and further images taken on September 8, 2022 also the same images contain shrubs and weeds that have not been maintained and are overgrown, I can also see a lot of debris and what looks like to be junk that is just left outside of the premises even though it looks like some progress was made on October 5, 2022 I still find sufficient factual basis for the allegations for the existing violation for General cleaning and beautification for having overgrown grass, weeds and bushes and shrubs in this case so I will make a ruling that the property did not come into compliance on October 5th when the property was inspected by the certified code enforcement officer and because of the violations in this case the city recommends that a fine of $50.00 per day to begin 21-days after the date of this hearing on October 11, 2022 unless the property owner brings the property into compliance on or before that date plus a $50.00 administrative fee. So, will make that ruling that the respondent in this case is in violation of the chapters of this case Chapter 30, Section 30-44 General cleaning and beautification even though it looks like they have Pale 8 of 10 VII. NEW CASES CONTINUED A. CONTINUED: removed some of the junk on October 5th it looks like there is still some junk together with the overgrown shrubs and vegetation so the property remains in violation of the codes that they are being cited for, so that will be the ruling for today and they will be cited for a fine of $50.00 per day to begin 21-days after the date of the hearing today. Anything else Mr. Smith AS-no your honor RA-Mrs. Curl CC-no sir B. Case No. 220826013; Anthony D. Stark, 915 Northwest 6th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 8). AS-violation of Chapter 30, Sections 30-43 Public nuisances for personal effects on the neighbor's property. Accumulation of tires all over the property. 30-44 General cleaning and beautification for hubs and other buggy parts in tall grass. Property in disarray with personal effects. 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 inspected the property: still non-compliant, renter has made progress with the cleanup of the property. August 25, 2022 Code Officer Smith inspected the property: still non-compliant. On August 29, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the October 11th Hearing, received by Anthony Stark on September 7, 2022. On September 7, 2022 Renter called in and spoke with Code Officer Smith, she was advised on what was needed to be done to bring the property in compliance. She stated that they will need a couple weeks to bring the property in compliance. I also advised her to call and let me know once the property is in compliance. On October 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 30-43 Public nuisances and 30- 44 General cleaning and beautification RA-Mr. Smith these images photos submitted as exhibits you took these photos AS-yes sir RA-and they are an accurate representation of the property AS-yes, they are RA-anything you would like to add Mr. Hyden GH-no your honor RA-I will make a ruling in this case in the City of Okeechobee vs. Anthony D. Stark, Case #220826013; the respondent in this case Anthony Stark was cited for violation of Chapter 30, Sections 30-43 Public nuisances for having personal effects on the neighbor's property and an accumulation of tires all over the property and 30-44 General cleaning and beautification for having hubs and other buggy parts in tall grass, and the property being in disarray with personal effects, based on the testimony of the certified Code Enforcement Officer Mr. Smith and exhibits presented at this hearing I find that there is sufficient factual basis for the allegations in this case and the violations I will also make a ruling that the respondent in this case was properly notified and responded to the violations in this case. From the examination of the images in this case there is certainly plenty of factual basis for the allegations I see numerous huge tires that are in disarray, being left as junk and they appear to have been there for an extended period of time. It does look like the respondent in this case did cleanup and the property came into compliance on October 6, 2022. Even though the city recommends no further action be taken on this matter because it did come into compliance on October 6, 2022, we will note for the record that the respondent in this case Mr. Anthony Stark was in violation from July 28, 2022 and did not come into compliance until October 6, 2022 for purpose of the record, and having the city's recommendation be no further action in this case and it be noted for the record so that is what we will do. Anything else on this one Mr. Smith As-no your honor RA-is that the last of our cases for tonight AS-yes that is the last of our cases for tonight RA-okay anything else Mr. Hyden Page 9 of 10 VII. NEW CASES CONTINUED B. CONTINUED: GH-no sir thank-you RA-okay so having addressed everything in these cases we will adjourn this meeting VIII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:50P.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. 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