2023-01-10 Handwritten Minutes ff'""''•- CITY OF OKEECHOBEE CODE ENFORCEMENT
Is,L.>,c-t •OKFFc's
z ,.- � JANUARY 10, 2023 SPECIAL MAGISTRATE HEARING
•w .. 4 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974
HANDWRITTEN MINUTES — CHRISTINA CURL
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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.
CALL TO ORDER
A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order
on Tuesday January 10, 2023, 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 December 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, Mrs. Selena Taylor, and Mr. Charles Holt.
V. FINE REDUCTION REQUESTS CONTINUED
A. 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 1).
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
Page 1 of 9
V. FINE REDUCTION REQUESTS CONTINUED
A. CONTINUED: Perry S Arnold on September 30, 2022. On October 11, 2022, the case was
presented to the Special Magistrate for ruling on fine reduction. The property owner's
guardian provided the Adjudication as to Incapacity. The Special Magistrate reserved ruling
to on or before the next Hearing to review all evidence. On October 24, 2022 SOV/NOH
mailed via USPS certified return receipt to the property owner, the guardian, and the care
giver for the November 8th Hearing. Received by Selena Taylor on October 27, 2022. On
November 7, 2022 Code Officer Curl called Mrs. Pamela Arnold at 863-801-4643, she was
advised that the November 8th Hearing had been cancelled due to an unforeseen emergency
and that the next hearing would take place on December 13th at 6 pm and that an updated
notice would be mailed to her. She provided her email: parnold863cgmail.com. SOV/NOH
and Hearing cancellation notice emailed to Mrs. Arnold. SOV/NOH and Notice of Hearing
cancellation mailed via USPS certified return receipt to property owner, guardian, and
caregiver for the December 13th Hearing. Received by Selena Taylor on November 10, 2022
and by Perry Arnold on November 16, 2022. On December 13, 2022, the case was presented
to the Special Magistrate for ruling on fine reduction. The Special Magistrate reserved ruling
to on or before the next Hearing to review all the evidence. On December 20, 2022 SOV/NOH
mailed via USPS certified return receipt to the property owner, guardian, and the caregiver
for the January 10th Hearing. Received by Selena Taylor on December 23, 2022. The City is
requesting the Special Magistrate's Fine Reduction ruling from the September 13th hearing
be noted for the record.
RA-I did enter an order I signed it today and I did reduce the lien by 100 percent reducing the
fine to zero and Mrs. Curl will provide you with a copy of the order.
GH-Mr. Magistrate is that your final administrative order on this matter.
RA-yes, it is.
GH-the city will be appealing this order in Circuit Court
RA-and you may do so
PA-if the City is going to appeal it do I need to let the judge know who issued the incapacity
order.
RA-I do not know.
PA-okay I will find out once I receive something from the City.
VI. COMPLIED CASES
A. Case No. 221119009; David Salas and Olga Lidia Jimenez, 503 Northeast 3rd Street, Violation
of Code of Ordinances Chapter 54, Section 54-51 Parking in residential neighborhood and
Chapter 30, Sections 30-43 Public nuisances (Exhibit 2).
AS-violation of Chapter 54, Section 54-51 Parking in residential neighborhoods for having a
semitruck and commercial bus parked on the property, Chapter 30, Section 30-43 Public
nuisances for having tires propped up on the fence. The respondent is not a repeat violator.
The respondent was first notified on October 25, 2022 via Courtesy Card. On November 8,
2022 property owner Mrs. Olga Jimenez came into the office and advised Code Officer Curl
that the semi and the tires had been removed and that her husband is out of the country and
will move the bus when he returns. On November 16, 2022 Code Officer Smith inspected the
property, still non-compliant, the bus remains on the property. On November 19, 2022 Code
Officer Curl inspected the property, still non-compliant, the bus remains on the property. On
November 19, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the
January 10th Hearing. The notice was received on November 25, 2022, signature not legible.
On December 6, 2022, the homeowner came into the office and advised Code Officer Smith
that they had brought the property into compliance and that I could come out and inspect the
property. Code Officer Smith inspected the property, in compliance, the bus was removed
from the property. 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 54, Section 54-51 Parking in
residential neighborhood and Chapter 30 Section 30-43 Public nuisances.
RA-do you have any further questions Mr. Hyden
Page 2 of 9
VI. COMPLIED CASES CONTINUED
A. CONTINUED: GH-no sir
RA-Mr. Smith you conducted the inspections yourself.
AS-I did and Mrs. Curl
RA-and the photos taken represent the condition of the property at the time they were taken.
AS-yes, they do
CC-yes, they do
RA-in the case of the City of Okeechobee vs Davis Salas and Olga Lidia Jimenez Case
#221119009 I will make a finding in this case based on the testimony of the certified Code
Enforcement Officer and the exhibits presented, I do see that there is factual basis for the
violations in this case. I will find that the respondents were in violation from October 25, 2022
until they came into compliance on December 6, 2022. I will also make a finding that they
properly owner was properly noticed and did respond. I will follow the City's recommendation
of no action on this matter, but it will be noted for the record to have been in violation of
Chapter 54, Section 54-51 Parking in residential neighborhoods for having a semitruck and a
commercial bus parked on the property and Chapter 30, Section 30-43 Public nuisances for
having tires propped up on the fence. Anything else on this case Mr. Smith
AS-no sir
RA-Mrs. Curl
CC-no sir
RA-okay next case
B. Case No. 221118022; Anne M. Land, 500 Northwest 16th St, Violation of Code of Ordinances
Chapter 30, Section 30-41 Disabled vehicles (Exhibit 3).
AS-violation of Chapter 30, Section 30-41 Disabled vehicles for having disabled and/or
untagged vehicles on the property. The respondent is not a repeat violator. The respondent
was first notified on October 27, 2022 via Courtesy Card. On November 17, 2022 Code Officer
Smith inspected the property still non-compliant, progress has been made with the removal
of the white car, however a disabled truck remains on the property. On November 21, 2022
SOV/NOH and photos mailed via USPS certified return receipt for the January 10th Hearing.
The notice was received by Anne Land on November 25, 2022. On January 3, 2023 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, Section
30-41 Disabled vehicles.
RA-anything further from the City Attorney, Mr. Hyden
GH-no your honor
RA-I will make a finding in the case of the City of Okeechobee vs. Anne Land, Case #
221118022, Mr. Smith all these photos were taken by you and actually represent the property.
AS-yes
RA-I will find this case in violation of Chapter 30, Sec 30-41 for having disabled and/or
untagged vehicles on the property, there is sufficient factual basis for the violation, the
property did come into compliance on January 3, 2023 so we will note for the record that it
was in violation but did come into compliance the City recommends no further action on this
matter, but it is noted for the record. Anything else on this case Mr. Smith
AS-no sir
RA-okay, next case
VII. NEW CASES
A. Case No. 221025009; Charles E. Holt, 1010 Southwest 11th Avenue, 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, Section 30-43 Public nuisances for grass growing up between the
items in the yard and overgrown grass, weeds, and shrubs. Chapter 30, Section 30-44
Page 3 of 9
VII. NEW CASES CONTINUED
A. CONTINUED: General cleaning and beautification for overflowing of items from the open
carport spilling into the yard. The respondent is not a repeat violator. The respondent was
first notified on October 10, 2022 via Courtesy Card. On October 22, 2022 Code Officer Curl
inspected the property, still non-compliant, no violations have been addressed. On October
25, 2022 SOV/NOH mailed via USPS certified return receipt for the January 10, 2023
Hearing. Received by Charles Holt on October 28, 2022. On December 8, 2022 Code Officer
Smith inspected the property, still non-compliant, progress has been made the grass was cut
in the back of the property. The overflowing items still in need of organized/ cleaned up. The
grass in the front of the home in need of being cut. On January 4, 2023 Code Officer Smith
inspected the property: still non-compliant, progress continues to be made with grass in the
front of the home being cut. The overflowing items still in the yard along with overgrown grass
and weeds around carport and the item in the yard. To comply with City ordinances, property
owners need to cut all overgrown vegetation. Organize the open carport and store all the
items in the yard in the carport. The City recommends a fine of $50.00 per day, to begin 21
days after the date of the Special Magistrate Hearing on January 10, 2023, unless the
property owner brings the property into compliance on or before that date, plus a $50.00
administrative fee.
RA-Is there someone here for this case.
CH-yes sir
RA-come on up
CH-October 10th was just after the hurricane I had stuff everywhere and two days later I
hauled all of it away I have been having trouble with weeds growing in my yard. I have pictures
in my phone that I have taken pictures of the trouble I have been having with getting rid of the
weeds. May I show them to you?
RA-sure I will look at them.
CH-these were taken in December the weeds are growing here.
RA-okay if you could show the pictures to Mr. Smith
CH-I showed him.
RA-okay you showed him.
CH-we discussed it earlier before the Hearing started.
RA-okay I want to ask Mr. Smith what the particular problem is.
AS-if you see in these photos too, there is overgrown grass everywhere with the grass
growing up through the items in the yard. If you can weed eat around everything and just
beautify things, just like the lawnmower just sitting out in the yard.
CH-as far as the vines I have sprayed them many times.
RA-are you able to remove it Mr. Holt
CH-I can but as far as the trees I don't want to take the trees out as I was told they are filled
with some type of endangered bats.
AS-you are allowed to have stuff, but you have to clean up around things.
RA-how long do you think you will need to rectify things.
CH-I told him to come by tomorrow to look at things.
RA-you will have 21 days from the date of the hearing is that sufficient time to take care of
things.
CH-yes sir, I will take care of it this weekend before I fly back out for work.
RA-you said you was flying in and out, from where?
CH-from New York
RA-and you will have time to correct the violations before you leave on Monday.
CH-yes sir
RA-I will make a finding in this case that the respondent in this case was cited for violation of
Chapter 30, Sections 30-43 Public nuisances for grass growing up between items in the yard
and overgrown grass, weeds, and shrubs, 30-44 General cleaning and beautification for items
overflowing out of the open carport and after hearing from the respondent I will find that there
is sufficient factual basis for this case and the respondent has responded to the city I will find
Page 4 of 9
VII. NEW CASES CONTINUED
A. CONTINUED: that the City's recommendation of$50.00 a 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 is reasonable, plus a $50.00 administrative fee so that is what we will do.
B. Case No. 221119010; Okeechobee Commons, LTD, 402 Northwest 10th Street, Violation of
Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning
and beautification (Exhibit 5).
AS-violation of Chapter 30, Section 30-43 Public nuisances for several roofs in need of
repair/replacement. Chapter 30, Section 30-44 General cleaning and beautification for
overgrown grass, weeds, bushes, or shrubs. The respondent is not a repeat violator. The
respondent was first notified on October 25, 2022 via Courtesy Card. On November 17, 2022
Code Officer Smith inspected the property, still non-compliant; however, the grass has been
cut. On November 19, 2022 Code Officer Curl inspected the property, still non-compliant no
repairs have been made to any roofs; however, the grass has been cut. On November 19,
2022 SOV/NOH and photos mailed via USPS certified return receipt for the January 10th
Hearing, nothing has been received back as of the date of this hearing. On December 21,
2022 Code Officer Curl inspected the property, still non-compliant, no roof repairs have been
made. On December 27, 2022 Code Officer Curl posted the property and the notice board at
City Hall with a Notice to Appear for the January 10th Hearing. On January 3, 2023 Code
Officer Smith inspected the property, still non-compliant. To comply with City ordinances,
property owners need to cut and trim back all overgrown vegetation and remove all the debris
and complete the roof repair. The City recommends a fine of$75.00 per day, to begin 21 days
after the date of the Special Magistrate Hearing on January 10, 2023, unless the property
owner brings the property into compliance on or before that date, plus a $50.00 administrative
fee.
RA-anything else Mr. Hyden
GH-I have two quick questions, Mr. Smith is the city's fine recommendation consistent with
the city's fine schedule.
AS-yes, it is.
RA-I will make a finding in this case in the case of the City of Okeechobee vs Okeechobee
Commons, LTD have been cited for violation of Chapter 30, Section 30-43 Public nuisances
for having several roofs in need of repair/replacement and Section 30-44 General cleaning
and beautification for overgrown grass, weeds, bushes, or shrubs, there is factual basis for
the allegations in this case, the respondent in this case was properly notice and I see the
email that was sent by Dabriah Jackson, she is a Regional Manager. Mr. Smith are you still
asking for them to be found in violation of the overgrown grass.
AS-no the grass has been cut.
RA-I will make a finding that the roofs are in disrepair, although the respondent did reply
somewhat, they did not advise Code Enforcement how long it would take to make these
repairs. Mr. Smith did they happen to say how long or when they would be making these
repairs.
AS-you would need to ask Mrs. Curl
CC-I would just like to note that this is the first contact they have made with Code Enforcement
was on January 9th and they advised that they are in the process of making a lot of repairs to
the property but could not tell me how long it would take them to make the repairs.
RA-I will follow the City's recommendations of a fine of$75.00 per day, to begin 21 days after
the date of the Special Magistrate's Hearing on January 10, 2023, unless the property owner
brings the property into compliance on or before that date, plus a $50.00 administrative fee.
Mr. Hydlen is there anything you would like to add on behalf of the city.
GH-no sir
RA-okay, next case
Page 5 of 9
VII. NEW CASES CONTINUED
C. Case No. 221118020; Michael Ethan Holsombach, 1010 Southeast 5th Street, Violation of
Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances,
30-44 General cleaning and beautification (Exhibit 6).
AS-violation of Chapter 30, Section 30-41 Disabled vehicles for an untagged boat, Chapter
30, Section 30-43 Public nuisances for overgrown grass, weeds, bushes, or shrubs, roof in
need of repair. Chapter 30, Section 30-44 General cleaning and beautification for a large pile
of debris, debris all over the yard, exterior of the structure in need of cleaning. The respondent
is not a repeat violator. The respondent was first notified on October 25, 2022 via Courtesy
Card. On November 16, 2022 Code Officer Smith inspected the property, non-compliant. On
November 21, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the
January 10th Hearing. On December 27, 2022 Code Officer Curl posted the property and the
notice board at City Hall with a Notice to Appear for the January 10th Hearing. On January 3,
2023 Code Officer Smith inspected the property; still non-compliant. To comply with City
Ordinances, property owner needs to cut and trim back all overgrown vegetation and remove
all the debris from the yard. Clean the exterior of the home and complete the roof repair. The
City recommends a fine of $75.00 per day, to begin 21 days after the date of the Special
Magistrate Hearing on January 10, 2023, unless the property owner brings the property into
compliance on or before that date, plus a $50.00 administrative fee.
RA-Mr. Hyden anything else you would like to add.
GH-just one question for Mr. Smith is the fine recommendation consistent with the city's fine
schedule.
AS-yes, it is.
GH-nothing further
RA-I will make a finding in this case of City of Okeechobee vs Michael Holsombach, Case
#221118020 was cited for violation of Chapter 30, Section 30-41 Disabled vehicles for an
untagged/disabled boat, Section 30-43 Public nuisances for overgrown grass, weeds,
bushes, or shrubs, and the roof in need of repair, Section 30-44 General cleaning and
beautification for large piles of debris all over the yard, and the exterior of the structure in
need of cleaning. I will find that the respondent was served with certified mail but not received,
however the property was properly posted and based on the testimony of the certified Code
Enforcement Officers and the exhibits presented today there is sufficient factual basis for the
allegations, I see the boat and tall grass that looks like it hasn't been cut in weeks, I do see
that there is a shed that is covered with a tarp so it is probably leaking I will follow the City's
recommendation of a fine of $75.00 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. Anything
else Mrs. Curl
CC-no sir
RA-Mr. Sir
AS-no sir
RA-okay next case
D. Case No. 221118021; April and Victor Martin, 705 Southeast 9th Avenue, Violation of Code
of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification and Chapter 54, Section 54-51 Parking in residential neighborhoods (Exhibit
7).
AS-violation of Chapter 30, Section 30-43 Public nuisances for overgrown grass, weeds,
bushes or shrubs, Chapter 30, Section 30-44 General cleaning and beautification for the
exterior of the home in need of being cleaned and Chapter 54, Section 54-51 Parking in
residential neighborhoods for having a semitruck parked on the property. The respondent is
not a repeat violator. The respondent was first notified on October 25, 2022 via Courtesy
Card. On October 31, 2022 Code Officer Curl received a call from Mr. Victor Martin stating
that he took care of the overgrown weeds and grass and picked up the yard. He asked if there
Page 6 of 9
VII. NEW CASES CONTINUED
D. CONTINUED: was any way to work something out on the semitruck being parked on his
property. I explained to him the city ordinance and advised him that he would need to find a
different location to park the truck or have it in an enclosed garage for it to remain on the
property. He stated that he would keep in touch with us as he makes more progress. On
November 16, 2022 Code Officer Smith inspected the property: still non-compliant. On
November 21, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the
January 10th Hearing. On November 29, 2022 Code Officer Curl received a call from Mr.
Victor Martin stating that he received the SOV/NOH and he wanted to know why he was being
harassed. I explained that to him that we are not harassing him that the violations were
observed during routine patrol and that he had until January to correct the violations. Mr.
Martin stated that he would work on the violations. On December 19, 2022 Code Officer Curl
received a phone call from Mr. Martin, he stated that he has removed the semitruck from the
property and that he has his shrubs the way he wants them and that he has the mower parked
where he wants it. I advised him that I would be by to inspect the property for compliance. On
December 20, 2022 Code Officer Curl received a phone call from Mr. Victor Martin who
apologized for his attitude and stated that he will continue to work on his yard and cleaning
up the debris in the front yard, but it would take him a little more time. I advised Mr. Martin
that was okay and appreciated his phone call. On December 21, 2022 Code Officer Curl
inspected the property, still non-compliant Semi has been removed from property however
the overgrown weeds, grass and bushes or shrubs remain. On January 3, 2023 Code Officer
Smith inspected the property still non-compliant. 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 January 10, 2023, unless the property owner brings the
property into compliance on or before that date, plus a $50.00 administrative fee.
RA-okay I will make a finding in this case of the City of Okeechobee vs April and Victor Martin,
Case #221118021 was cited for violation of Chapter 30, Section 30-43 Public nuisances for
overgrown grass, weeds, bushes or shrubs, Section 30-44 General cleaning and
beautification for the exterior of the home in need of being cleaned and Chapter 54, Section
54-51 Parking in residential neighborhoods for a semitruck being parked on the property,
based on the testimony of the Code Enforcement Officers and the exhibits presented. Code
Officer Smith you took the photos in this case.
AS-yes and Code Officer Curl
RA-The certified notice was received in this case so I will make that finding. I find sufficient
factual basis for the allegations of the overgrown vegetation and the exterior of the home in
need of cleaning, and I can see the semitruck in a couple of the photos, so the property is not
in compliance.
AS-no sir
RA-The City recommends a fine of $50.00 per day to begin 21 days after the date of the
Special Magistrate Hearing on today January 10, 2023, unless the property owner brings the
property into compliance on or before that date, plus a $50.00 administrative fee. Anything
you would like to add on behalf of the city Mr. Hyden
GH-no your honor.
RA-so we will follow the recommendation of the city, next case.
E. Case No. 221118023; Harry A. and Betty A. Schock, 1805 Northwest 7th Avenue, Violation of
Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public
nuisances (Exhibit 8).
AS-violation of Chapter 30, Section 30-40 Junk for having junk and debris stored in front of
the home, Chapter 30, Section 30-41 Disabled vehicles for having disabled/untagged
vehicles on the property, Chapter 30, Section 30-43 Public nuisances for overgrown grass,
weeds, bushes, or shrubs. The respondent is not a repeat violator. The respondent was first
notified on October 27, 2022 via Courtesy Card. On November 17, 2022 Code Officer Smith
Page 7 of 9
VII. NEW CASES CONTINUED
E. CONTINUED: inspected the property: not in compliance. On November 19, 2022 Code
Officer Curl inspected the property after being flagged down by the neighbor Mr. Dennis Smith
who stated that this property is awful, and nothing ever gets done about it. Photos in the file.
On November 21, 2022 SOV/NOH and photos mailed via USPS certified return receipt for
the January 10th Hearing, received by Harry Schock on November 25, 2022. On January 3,
2023 Code Officer Smith inspected the property: still non-complaint. To comply with City
ordinances, property owners need to cut and trim back all overgrown vegetation and remove
all the junk an/or debris from the yard. Remove or get tags for the disabled vehicles. The City
recommends a fine of $75.00 per day, to begin 21 days after the date of the Special
Magistrate Hearing on January 10, 2023, unless the property owner brings the property into
compliance on or before that date, plus a $50.00 administrative fee.
GH-Mr. smith even with the photos the property owner brought in is the property still not in
compliance.
AS-that is correct.
RA-I will make a finding in this case of the City of Okeechobee vs Harry A. Schock and Betty
A. Schock, Case #221118023 for the allegations of the violations there is sufficient factual
basis and the respondent is in violation of Chapter 30, Section 30-40 Junk for having junk
and debris stored in the front of the home, Section 30-41 Disabled vehicles for having
disabled/untagged vehicles on the property and Section 30-43 Public nuisances for having
overgrown grass, weeds, bushes, or shrubs, I can see that there is a lot of debris that has
been sitting there with the vegetation growing around it. I see that there are untagged
vehicles, it looks like two disabled vehicles in the back yard. Even though the respondent in
this case sent some photos showing that the property has been mowed Mr. smith has testified
that there is still overgrown vegetation.
AS-not as far as the overgrown vegetation but for the debris and untagged vehicles in the
yard.
RA-so unless these violations have been met, I will follow the City's recommendation of a fine
of $75.00 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. Anything else Mr. smith
AS-no sir
RA-Mrs. Curl
CC-no sir
F. Case No. 221118019; Pristine Detailing and Pressure Washing, LLC, 1495 Southeast 5th
Street, Violation of Code of Ordinances Chapter 50, Section 50-36 Issuance of local business
tax (Exhibit 9).
AS-violation of Chapter 50, Section 50-36 Issuance of local business tax receipt for engaging
in business within the city limits without first having procured a local business tax receipt from
the City of Okeechobee. The respondent is not a repeat violator. The respondent was first
notified on October 26, 2022 via Courtesy Card. On November 18, 2022 Code Officer Curl
spoke with Ashley, BTR Specialist she stated that she has not received an application for a
BTR. On November 28, 2022 SOV/NOH and photos mailed via USPS certified return receipt
to the business owner and the agent of record for the January 10t'' Hearing. Received by
agent of record on December 1, 2022, tracking detail placed in file as certified receipt has not
been received back. On December 20, 2022 Code Officer Curl spoke with Ashley, BTR
Specialist she stated that a BTR has not been purchased. On January 4, 2023 Code Officer
Curl spoke with Ashley, BTR Specialist she stated that a BTR has not been purchased. To
comply with City ordinances, business owners need to purchase a business tax receipt. The
City recommends a fine of $125.00 per day, to begin 21 days after the date of the Special
Magistrate Hearing on January 10, 2023, unless the property owner brings the property into
compliance on or before that date, plus a $50.00 administrative fee.
RA-Mr. Hyden anything else on behalf of the city
GH-no your honor
Page 8 of 9
VII. NEW CASES CONTINUED
F. CONTINUED: RA-so the allegation in this case is that the respondent is conducting business
within the city without a license.
AS-that is correct.
RA-Mr. Smith did you actually observe the respondent doing business within the city.
AS-you would need to ask Mrs. Curl
RA-Mrs. Curl did you actually observe the respondent doing business within the city.
CC-yes, your honor the photos in the file are of the respondent doing business within the city,
he was detailing the blue truck in the City Hall parking lot. I spoke with the respondent and
asked him if he had a BTR and he stated that he did not, and I explained to him that he would
need to go inside to the finance department and submit his application for a Business Tax
License to do business within the City of Okeechobee and he stated that he would, however,
no application has been received.
RA-oh okay, I see now I see the trailer that is labeled Pristine Detailing and I do see the blue
truck. Mr. Ryden is there anything else you would like to add.
GH-no sir
RA-so I will make a ruling in this case of the City of Okeechobee vs. Pristine Detailing and
Pressure Washing, LLC, Case #221118019 the respondent in this case based on the
testimony and the exhibits in this case I will make a ruling that there is sufficient factual basis
that the respondent in this case was conducting business within the city of Okeechobee
before obtaining a BTR. So that is what we will do.
VIII. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hearing was adjourned
at 7:10 P.M.
BE ADVISED that should you intend to show any document, picture, video, or items to the Special Magistrate in support or
opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Code
Enforcement Secretary for the City's records.
ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered
at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and
evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with
disabilities needing special accommodation to participate in this proceeding should contact the Code Enforcement Office in
person or call 863-763-9802, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding.
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