2022-10-11 V. A. Exhibit 1 Exhibit 1
V.A. Exhibit #1
Case #211202009
Home Discounters LLC
Code Enforcement Hearing October 11 , 2022
Case Number, Name and Address:
Case #211202009, Home Discounters LLC., 1008 SW 2nd St.
Code Section Violated Description of Violation
Chapter 30 Section 30-40 Junk Furniture, lawnmowers, and generator in the middle of the yard
Chapter 30 Section 30-43 Public nuisances Garbage and debris in the front yard and the side of the home
Chapter 30 Section 30-44 General cleaning and Overgrown vegetation
beautification
Photos:
See attached
Is respondent a Repeat Violator?
No
Summary:
• Respondent was first notified on November 17, 2022 via Courtesy Card.
• The City communicated with the respondent on the below occasion(s).
Date of Type of notice Received by Date
notice received/
returned
August 17, Property was inspected by Code Officer Smith and found to be in compliance
2022
August 18, Fine Reduction request received from property owner
2022
August 19, SOV/NOH mailed via USPS certified return receipt for the September 13th Hearing Signature August
2022 for Fine Reduction consideration not legible 26, 2022
September Case presented to the Special Magistrate for Fine Reduction; property owner
13, 2022 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.
September SOV/NOH mailed via USPS certified return receipt for the October 11th Hearing
23, 2022
October 4, Received the Special Magistrate's Order on request for Fine Reduction
2022
October 6, SOV/NOH for the October 11th Hearing emailed to investoralertmd(Wgmail.com as
2022 requested by Alana
City Recommendation:
The City is requesting the Special Magistrate's Fine Reduction ruling from the September 13'
hearing be noted for the record.
Chronology attached
Page 1 of 1
Exhibit 1
Case *211202009, Home Discounters LLC (Melissa Dee Harden)
Date Event/Document
November 17, 2021 Property Owner-Home Discounters LLC (Melissa Dee Harden)
Property Address-1008 SW 2"d St. Okeechobee, FL 34974
Mailing Address-9244 Harvest Rock Rd, Owings Mills, Maryland (MD) 21117
Phone-443-858-5596- Alana
Violation of CH 30 Sec. 30-40 Junk, Sec. 30-43 Public nuisances and Sec 30-44
General cleaning and beautification. Junk: furniture, and garbage all over the front
yard and on the side of the home. Grass and weeds growing up through debris in the
yard. Photos in file.
Compliant was called in by Tami Miles 1005 SW 2" St(863) 634-1704
Courtesy Card mailed via regular mail, given 14 days to correct violations
December 2, 2021 Code Officer Smith inspected the property: Not in compliance, Trash, debris, overgrown
grass, and weeds. Photos in file.
December 2, 2021 SOV/NOH mailed via USPS certified return receipt for the January 11, 2022 Hearing.
January 5, 2022 returned unclaimed.
December 28, 2021 Code Officer Smith Posted the property and City Hall with a Notice to Appear for the
January 11th Hearing. Photos of the postings in the file.
December 28, 2021 Code Officer Smith inspected the property: Not in compliance, photos in file.
January 4, 2022 Code Officer Smith inspected the property: Not in compliance, photos in file.
January 7, 2022 January 11' Hearing cancelled due to illness; all cases postponed till February 8, 2022.
SOV/NOH and Public Notice of Hearing Cancellation mailed via USPS certified return
receipt for the February 8' Hearing. Returned unclaimed, unable to forward on February
8, 2022.
January 10, 2022 Code Officer Smith posted the property and at City Hall with Public Notice of Hearing and
SOV/NOH. Photos in file.
February 2, 2022 Code Officer Smith inspected the property: Not in compliance, photos in file.
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.
February 11, 2022 Lien/Order prepared for the Special Magistrate's signature.
February 17, 2022 Lien/Order signed by Magistrate.
Page 1 of 3
Exhibit 1
Case #211202009, Home Discounters LLC (Melissa Dee Harden)
Date Event/Document
February 17, 2022 Lien/Order mailed via USPS certified return receipt. Received by M. Harden on 2/22/22.
February 17, 2022 Code Enforcement Officer Smith posted the Lien/Order at City Hall and property, photos
in file.
March 1, 2022 Code Officer Smith inspected the property: still non-compliant. Photos in file.
March 9, 2022 Code Officer Smith inspected the property: still non-compliant. Photos in file. Lien/Order
recorded at the Okeechobee County Clerk of Court. Official Records File#2022003225,
Page(s): 1.
March 9, 2022 The imposed fine of$50.00 per day plus a one-time $50.00 administrative fee began
accrual.
March 10, 2022 Recorded Lien/Order mailed via USPS certified return receipt. Returned unclaimed,
unable to forward on 3-30-2022.
March 10, 2022 File given to City Hall to be scanned into records.
August 3, 2022 Code Officer Curl received a call from the new property owner, Alana, with Home
Discounters LLC, email: investoralertmdqmail.com, mailing address: 9244 Harvest
Rock Rd, Owings Mills, Maryland (MD) 21117, Phone No: 443-858-5596. She stated that
they would be bringing the property into compliance within the next few days and asked
what the fine total was, I advised her that the fine total as of today is $7,400.00, she also
wanted to know if we had any type of reduction process. I advised her to let us know once
the property is in compliance and we would complete an inspection to stop the daily fine
accrual and that I would email her the fine reduction request form and once we receive the
completed form the request would be added to the next Special Magistrate Hearing for
consideration. Fine Reduction request form email to the new owner.
August 15, 2022 Property owner called in and spoke with Code Officer Smith to state that the property is in
compliance and ready for inspection. I advised her that I would inspect the property and
contact her with the results of the inspection
August 17, 2022 Code Officer Smith inspected the property: in compliance. Photos in file. Fine balance of
$7,950.00 plus a $50.00 admin fee totaling $8,000.00
Code Officer Smith called the property owner and advised her that the property in
compliance and that it would be noted to be compliance Monday the 15' instead of the 17th
Also advised her to complete the fine reduction and get it back to me as soon as she can so
that the case can be put on the schedule for the next hearing.
August 18, 2022 Received Fine Reduction Request form from the property owner
August 19, 2022 SOV/NOH mailed via USPS certified return receipt for the September 13, 2022 Hearing for
Fine Reduction consideration. Received on August 26, 2022, signature not legible,
COVID19.
Page 2 of 3
Exhibit 1
Case #211202009, Home Discounters LLC (Melissa Dee Harden)
Date Event/Document
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.
September 23, 2022 SOV/NOH mailed via USPS certified return receipt for the October 11th Hearing
October 4, 2022 Received the Special Magistrate's Order on request for Lien Reduction.
The Special Magistrate ruled that a lien reduction of 75%, which comes to $2,037.50,
including the $50.00 administrative fees under the facts and circumstances of this
case is reasonable and fair. While this court commends the new owners for
immediately bringing the property into compliance with the City's Code of
Ordinances, the new owners were also under obligation to know of any existing liens
due against the property from the former owner's code violations. A 75% lien
reduction is already a substantial consideration to the new owners and any further
reduction would be unjustified under the circumstances.
October 6, 2022 SOV/NOH for the October 11t" Hearing emailed to investoralertmd(&.gmail.com as
requested by Alana.
Page 3 of 3
Exhibit 1
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Exhibit 1
City of Okeechobee, Code Enforcement Office
IN RE: The Matter of Complaint# Zr l 20 2bD-1
,deli 5S ? 'ee /Q, t
Respondent(s)
Request for Reduction of Accrued Fine
I, 1/Q f j')e j S CO(,..!)-ep S LL C hereby request a reduction of a fine imposed in the
above referenced case and in support thereof would state the following information:
1. My name and current mailing address are:
Horne 495 I1/4SWU/2• S LLC, /t02 She111 a keino4i LZ ,
Qdegs /3eae4 , f'L 33 M 3
2. Physical address of the property which was the subject of the violati n:
1004 51,4) 2nd Sl1 OkeeG4o8ee -FL- 3 (Iq 7—
3. A Fine in the amount of$ J' per day was imposed on the following date: extAkc4 1 2622
4. The violatkn .: cted,and I was advised that the property came into compliance on the following
date: dear: 3
5. I am requesting that the accrued fine be reduced from $ 7� Soo To: .. 00°
6. The accrued fine amoun should be reduce because:
TAe ?Rope& Aias reduced as -;s w;14 viola-6 onS a a
Aspeelostaie 0,tc '0h , once in in.„? namP i'&la s o h / ;n 1b
camp(;Q n a7. 1 Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special
Magistrate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally
appear, I hereby designat the following person to appear in my place:
GP.4 c.t.fried' e SS
_�j L/�� 1 I Al
Signature of Respondent Signature Res ent
Date: P7 Date: / \j i
The forgoing instrument was sworn to(or affirmed)and subscribed before me,by means ofsical presence or
online notarization this 1 �-ilr-s. day of C.>i t: . t,/A—. 20; ,�
By : ';:ij,— "lre=:mc-'s and 13 /V/ /7-' who produced
1 r)-rt;:)--<:, !i r-:-'15L'. as identification.
Signature of Notary Public—State of Florida: Z. .rs Yc_ 3'i(c• vs--.
Print/Type/Stamped Name of Notary: '0 -tt 0jr-C.- cv
My commission expires: Al 7t-� 1 .- ^''
, e ` t Notary Publi ,State of F1oI,
, ffi Cornmissionfr HH I7776
re. S My corprn.expires Sept.23,2B44
Okeechobee Exhibit 1
Okeechobee Police Code Enforcement '
..
50 SE 2nd Ave Okeechobee Florida 34974 E.
CODE ENFORCEMENT FOR 863-763-9795 Phone
THE CITY OF 863-763-7804 FAX
OKEECHOBEE,FLORIDA.
Petitioner,
vs
Date 08/19/2022
Respondent,
CASE NO. 211202009
Home Discounters LLC (Melissa Harden)
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of
Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives
notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section:CH 30, Sections 30-40, 30-43, 30-44
2. Address and Parcel#where violation exists:1008 SW 2nd St, Okeechobee, FL. 34974
3-21-37-35-0170-00040-0170 (34966)
3. Name and address of property owner or person in charge of location where violation exists:
Home Discounters LLC, 9244 Harvest Rock Rd, Owings Mills, MD 21117
4. Description of Violation:
Fine Reduction Request
5. Date violation corrected: Aug 15, 2022
6. Date violation first observed on or aboutl 1/17/21
Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code
Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take
notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 13th
day September.2022 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in
Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and
conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be
represented by counsel,present evidence,and present testimony.Please be advised that any evidence presented to the
Magistrate for his consideration will be retained by Code Compliance Department.If you fail to appear at the hearing the
Magistrate may enter an Order of Violation,&impose a fine in your absence. oji
,,c4--.,„- e,to,(..2
Christina Curl Code Enforcement Officer
Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will
need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will
be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department.
In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a final administrative order to the circuit court.Such an appeal shall be
filed within 30 days of the execution of the order to be appealed.
De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal
de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara.
Exhibit 1
U.S. Postal Service"
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
m
For delivery information.visit our website at www.usps.com'.
r-I
r.1 Certified Mail Fee
$
Lrl Extra Services&Fees(check box,add fee as appropriate)
['Return Receipt(hardcopy) $ rJ
1"� ❑Return Receipt(electronic) $ Postt7lptF:
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Exhibit 1
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signet
■ Print your name and address on the reverse Cl Agent
so that we can return the card to you. ID Addressee
• Attach this card to the back of the mailpiece, B eceived by(Printed Name) C`Dte of Delivery
or on the front if space permits.
y Artinia Addr xxrrl'rev __-. ,.'4^""^^•address different from Item 1? ID Yes
r delivery address below: D No
Home Discounters LLC
9244 Harvest Rock Rd
Owings Mills, MD 21117
Adult Signature El 0 Priority Mail Express®
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PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
Exhibit 1
CityC'CC�10 ."lc!
Okeechobee Police Code Enforcement ;
50 SE 2nd Ave Okeechobee Florida 34974 E`
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE,FLORIDA.
Petitioner,
vs
Date 09/23/2022
Respondent,
CASE NO. 211202009
Home Discounters LLC (Melissa Dee Harden)
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of
Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives
notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section:CH. 30, Sections 30-40, 30-43, 30-44
2. Address and Parcel#where violation exists 008 SW 2nd St, Okeechobee, FL. 34974
3-21-37-35-0170-00040-0170 (34966)
3. Name and address of property owner or person in charge of location where violation exists:
Home Discounters LLC, 9244 Harvest Rock Rd, Owings Mills, MD 21117
4. Description of Violation:
Fine Reduction Ruling
5. Date violation corrected: Aug 17, 2022
6. Date violation first observed on or aboutl 1/17/21
Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code
Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take
notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 11th
day October.2022 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in
Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and
conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be
represented by counsel,present evidence,and present testimony.Please be advised that any evidence presented to the
Magistrate for his consideration will be retained by Code Compliance Department.If you fail to appear at the hearing the
Magistrate may enter an Order of Violation,&impose a fine in your absence.
Christina Curl Code Enforcement Officer
Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will
need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will
be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department.
In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a final administrative order to the circuit court.Such an appeal shall be
filed within 30 days of the execution of the order to be appealed.
De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal
de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara.
Exhibit 1
U.S. Postal Service'
CERTIFIED MAIL® RECEIPT
1$) Domestic Mail Only
ru
IT) For delivery information,visit our website at www.usps.com'".
lti Certified Mail Fee
L1 Extra Services&Fees(check box,edd fee as appropriate)
r- ['Return Receipt(eardr $
❑Return Receipt(electronic) $ Postmark
❑CertiPiad Mail Restricted Delivery $
Her
❑ dutt Signature Required $ \ •
Dade.d Signature Restricted Delivery$ U
D Postage
Ln
m 1 Total Postage and Fees
r Set u ,r L
•4111,Wr x Arai/(41.1
t�-
AMP •t �1
P@ F.rm 3r:J6,Apt .'U15 PSN 7.530-O2-CO0-9o47 See Reverse for Instructions
Exhibit 1
CITY OF OKEECHOBEE CODE ENFORCEMENT
SPECIAL MAGISTRATE HEARING
CODE ENFORCEMENT
CASE NO: 211202009
SPECIAL MAGISTRATE ROGER AZCONA
THE CITY OF OKEECHOBEE, PETITIONER
-vs-
HOME DISCOUNTER'S LLC, RESPONDENT(S)
ORDER ON REQUEST FOR LIEN REDUCTION
THIS CAUSE coming to be heard on September 13, 2022, at the City of Okeechobee Code Enforcement
Special Magistrate Hearing on the Respondent's request for lien reduction. The Special Magistrate, having given
the Respondent's representative, Mr. Greg McKinless, an opportunity to be heard, and arguments from counsel for
the City of Okeechobee, Mr. Greg Hyden, with testimony from Code Enforcement Officer Anthony Smith, reserved
ruling on this matter for further consideration upon thorough review and consideration of the record.
At the time of the hearing, Code Enforcement Officer Anthony reiterated the record facts causing the
existing lien to accumulate to its present amount of $8,000.00 and stated the City of Okeechobee was
recommending a lien reduction of 75% pursuant to the City's fine reduction schedule, and therefore reducing the
lien to $1,987.50, plus a $50.00 administrative fee. The total amount due after the City's recommendation is
$2.037.50. The property came into compliance on August 17, 2022, after being found in violation on February 8,
2022. (See transcript for specific details on the testimony of Mr. Smith).
In response, Mr. McKinless, said Home Discounters, LLC bought the property and received the certificate
of title on July 25, 2022, and obtained the writ of possession dated August 1, 2022. The former occupants were
evicted on August 4, 2022. Immediately upon possession, they began renovation and cleaning up the property and
brought it to code on August 15, 2022, when they called Code Enforcement to inspect the property. Home
Discounter's LLC request that the fine be reduced further to 90% because they were only in possession for a short
period even though the former owners were in violation for much longer period.
1
Exhibit 1
City Attorney, Mr. Hyden, asked Mr. Smith if the lien reduction in this case is consistent with the City's Lien
Reduction schedule, in which case Mr. Smith affirmed that it is.
This Court after reviewing the records pertaining to this case and having carefully considered the testimony
of all witnesses and arguments of both parties, this Court finds that a lien reduction by 75%, which comes to the
amount of Two Thousand Thirty-Seven Dollars and Fifty Cents ($2,037.50), including the $50 administrative fees,
under the facts and circumstances of this case is reasonable and fair. While this court commends the new owners
for immediately bringing the property into compliance with the City's Code Ordinances, the new owners were also
under obligation to know of any existing liens due against the property from the former owner's code violations. A
75% lien reduction is already a substantial consideration to the new owners and any further reduction would be
unjustified under the circumstances.
DONE AND ORDERED in the City of Okeechobee, Okeechobee County, Florida this 4th day of October, 2022.
R ger Azcona, ESQ
/Special Magistrate
Copies to:
Code Enforcement, City of Okeechobee
Mr. Hyden, City Attorney
Mr. Gregg McKinless, Respondent's representative
2