2023-02-14 Handwritten Minutes •��afroryohF�c=' CITY OF OKEECHOBEE CODE ENFORCEMENT
�� m` FEBRUARY 14, 2023 SPECIAL MAGISTRATE HEARING
.LL �� 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974
o •
�•% HANDWRITTEN MINUTES — CHRISTINA CURL
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 February 14, 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 January 10, 2023 Hearing Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered
an Oath to Code Officers Smith, Curl.
V. FINE REDUCTION REQUESTS
A. Case No. 220812010; Orion of America LLC., 1004 Northwest 6th Street, Violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification. International Property Maintenance Code (IPMC) Chapter 3, Section 304.1.1
Unsafe conditions (Exhibit 1).
AS-violation of Chapter 30, Section 30-43 Public nuisances for overgrown grass, weeds, shrubs,
and trees, Chapter 30, Section 30-44 General cleaning and beautification for weeds growing on
the roof, International Property Maintenance Code (IPMC) Chapter 3, Section 304.1.1 Unsafe
conditions for a big hole in the roof. 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 Smith
inspected the property, still non-compliant. On August 12, 2022 SOV/NOH and photos mailed via
USPS certified return receipt for the October 11, 2022 Hearing, which was returned on August
23, 2022. On August 22, 2022 Building Official Jeff Newell completed inspection and provided
photos and tax lien documentation. On August 25, 2022 Code Officer Smith posted the property
and the public notices board at City Hall with a Notice to Appear. On September 6, 2022 Code
Officer Smith inspected the property, still non-compliant. On September 13, 2022 Case presented
to the Special Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-
44 General cleaning and beautification and IPMC Chapter 3, Section 304.1.1 Unsafe conditions.
Page 1 of 9
V. FINE REDUCTION REQUESTS CONTINUED
A. CONTINUED: A fine of$50.00 per day, to begin 21 days after the date of the Special Magistrate
Hearing, unless the property owner brings the property into compliance on or before that date,
plus a one-time administrative fee of$50.00 imposed. Fine accrual will begin on October 4, 2022.
On September 19, 2022 Code Officer Smith posted the property and the public notices board at
City Hall with the Lien/Order. On September 22, 2022 the Lien/Order was mailed via USPS
certified return receipt, it was returned on October 2, 2022. On October 4, 2022 Code Officer
Smith inspected the property, still non-compliant, Recorded Lien/Order at the Okeechobee
County Clerk of Court File #022013046, fine accrual of $50.00 per day plus a $50.00
administrative fee to begin on October 4, 2022. On October 5, 2022 Code Officer Smith posted
the property and the public notices board at City Hall with the recorded Lien/Order. On October
27, 2022 Jason Tomlinson stopped by the office and stated that he just purchased the property
at the tax deed auction, and he would be bringing the property into compliance this weekend. On
October 31, 2022 Code Officer Smith inspected the property, still non-compliant, photos in file.
There has been major progress made at this time, however the roof and the boarding up of the
home remains. On November 7, 2022 Code Officer Smith inspected the property: in compliance,
photos in file. The roof has been blue tarped, and all the windows and doors have been secured.
With the previous corrections and the corrections made today the property is in compliance. Case
Closed. On November 23, 2022 Trustee's Deed recorded transferring ownership to Orion of
America LLC, 650 NE 2nd Avenue, Apt. 2611, Miami, FL. 33132. On December 13, 2022 Case
presented to the Special Magistrate, no action on this matter was requested but is noted for the
record that the property came into compliance on November 7, 2022, leaving a lien balance in
the amount of $1,650.00, plus a $50.00 administrative fee, totaling $1,700.00. On January 25,
2023 New property owner Orion of America LLC came into the office inquiring about the lien
against the property. He stated they are in the process of renovating the house. He asked if we
could work with him on the lien balance, Code Officer Curl advised him that he could submit an
application for a Fine Reduction, and it would go before the Special Magistrate for consideration.
Fine Reduction application was completed, Code Officer Curl advised Mr. Santos of the next date
and time of the Special Magistrate Hearing and that he would also receive a letter in the mail
advising him of the date and time of the Special Magistrate Hearing. On January 26, 2023
SOV/NOH mailed via USPS certified return receipt for the February 14th Hearing. Nothing has
been received back as of the date of this Hearing. The City recommends a fine reduction of 60%
plus a $50.00 administrative fee, reducing the fine from $1,650.00 to $660.00 plus the $50.00
administrative fee, totaling $710.00.
RA- Mr. Hyden anything you would like to add on behalf of the city sir.
GH-Mr. Smith did they actually submit a fine reduction application.
AS-yes, they did.
GH-what is the amount of a reduction are they seeking.
AS-they were seeking to get the fine reduced down to five hundred dollars.
GH-okay and you are recommending 60 percent plus a $50.00 administrative fee, have the code
violations been corrected on the property.
AS-yes, they have
GH-okay, nothing further.
RA-okay thank you Mr. Hyden. Mr. Smith with the 60 percent reduction what is the total of the lien
amount.
AS-the total amount would be $710.00.
RA-okay so I will find in this case of the City of Okeechobee vs. Orion of American LLC, Case
#220812010, they were previously found in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification and they are here now requesting a
reduction in this case. The city is recommending that it be reduced by 60 percent plus a $50.00
administrative fee for a lien reduction total of$710.00, under the circumstances in this case I will
make a finding that the reduction is very reasonable in this case so that is what we will do in this
case. So, it will be a total of$710.00 plus the $50.00 administrative fee is that correct Mr. Smith?
AS-no sir it would be a total of$660.00 plus the $50.00 administrative fee, totaling $710.00.
RA-okay so $660.00 plus the $50.00 so all together it would be $710.00.
AS-that's correct.
Page 2 of 9
V. FINE REDUCTION REQUESTS CONTINUED
A. CONTINUED: RA-Did the respondent in this case set a time limit as to which they would pay the
fine.
AS-no they did not, so we will suspect since they are not here to be paid within 30 days.
RA-Do you have a standard procedure of where it would normally fall.
AS-30 days after the fine reduction is the normal.
RA-so we order that since the respondent is not present and they were properly notified of this
hearing, so based on the recommendation of the city that is what we will do, so the fine will be
reduced by 60 percent to $660.00 plus the $50.00 administrative fee, totaling $710.00 to be paid
within 30 days from the receipt of today's hearing or today's hearing itself?
AS-yes
RA-so you will contact them.
AS-yes sir
RA-alright, sounds good and that is what we will do.
VI. COMPLIED CASES
A. Case No. 221220010; Home Discounters LLC, 1008 Southwest 2nd Street, Violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning
beautification (Exhibit 2).
AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for a pile of debris left in the alleyway. The respondent is not a repeat violator. The
respondent was first notified on November 17, 2022 via Courtesy Card. On November 28, 2022
Stan Zimmerman called in and made a claimed that the tree in the right of way belongs to the
complainant. He also advised that he had photographic evidence that tree was on the other side
of the fence. Received the pictures from Mr. Zimmerman and you can clearly see that the tree
originated from the Home Discounters property. On November 29, 2022 Code Officer Smith called
Mr. Zimmerman to advise him that the pictures show that the tree originated from his side of the
fence. He did not answer so a voice mail was left for him to call my office. On December 8, 2022
Code Officer Smith inspected the property, still non-compliant. On December 20, 2022 SOV/NOH,
photos and ordinances mailed via USPS certified return receipt for the February 14, 2023 Hearing.
On December 29, 2022 Code Officer Curl received a phone call from Mr. Stan Zimmerman who
stated that it was the responsibility of the neighbor behind him to remove the pile of debris.
explained to Mr. Zimmerman that the tree that fell was rooted on his property and there is a 15 ft
easement between the two properties so it would be his responsibility to remove the pile of debris.
He stated that he understood that it was his responsibility now and would get the pile of debris
removed. Mr. Zimmerman requested the photos of the debris and fallen tree be emailed to him at
stanzimmerman( gmail.com. Photos email to Mr. Zimmerman. On December 30, 2022 Code
Officer Curl received an email from Mr. Zimmerman stating that the work had been completed.
Inspection scheduled for next week to confirm. On January 3, 2023 Code Officer Smith inspected
the property: in compliance, photos in file. Closed Case. 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, 30-44 General cleaning and beautification.
RA-Mr. Smith did you take these pictures that are submitted together with exhibits.
AS-yes, I did
RA-do they accurately represent the condition of the property and the time they were taken.
AS-yes, they do
RA-anything you would like to add Mr. Hyden on behalf of the city.
GH-no sir
RA-okay, I will make a finding in the case of the City of Okeechobee vs. Home Discounters LLC,
Case #221220010, that based on the testimony of the certified Code Enforcement Officer Mr.
Smith and the exhibits presented at this hearing that there is sufficient factual basis for the
allegations in this case for violation of Chapter 30, Sections 30-43 Public nuisances and 30-44
General cleaning and beautification for having piles of debris in the alleyway. I have examined
the photos in this case that were submitted by the city and there is plenty of factual basis for the
allegations and I will also find that the respondent in this case was properly served. Although there
was a bit of delay and some confusion the violations were corrected. Based on the city's
Page 3 of 9
VI. COMPLIED CASES CONTINUED
A. CONTINUED: recommendation of no further action on this matter, but it be noted for the record
to have been in violation there is factual basis of the violation so I will note for the record that the
respondent in this case had a previous violation, even though it has been corrected, and no further
action was taken by the city. So, if there is nothing else, we can move on. Mr. Smith we are good
on this one.
AS-yes sir
RA-so that is what we will do. Next case.
B. Case No. 230111009; Darlene Marshall, 1005 Southwest 3rd Street, 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 untagged/inoperable vehicles all
over the front of the property. The respondent is not a repeat violator. The respondent was first
notified on December 15, 2022 via Courtesy Card. On January 10, 2023 Code Officer Smith
inspected the property, still non-compliant. On January 12, 2023 SOV/NOH and photos mailed
via USPS certified return receipt for the February 14th Hearing. On January 20, 2023 Property
owner Ms. Darlene Marshall came into the office in reference to the notice she received for the
missed delivery of the certified letter sent on January 12, 2023. The SOV/NOH was hand delivered
to Ms. Marshall and she signed a hand delivery receipt. Code Officer Curl also explained to Ms.
Marshall what she needed to do to bring the property into compliance. On January 26, 2023 Code
Officer Smith inspected the property, still non-compliant. On January 30, 2023 Code Officer Smith
was called by the son of the property owner who advised me that the property was now in
compliance and ready for inspection. 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 30-41 Disabled vehicles.
RA-Mr. Hyden anything on behalf of the City of Okeechobee
GH-no sir
RA-I have a question Mr. Smith, you took the photos.
AS-yes, I did
RA-okay and these photos accurately represent the conditions of the property at the time they
were taken.
AS-yes, they do
RA-I know the allegation in case is having disabled vehicles for having untagged/inoperable
vehicles, can you point out to me the actual picture/exhibit in this case of an actual image of the
vehicle that is actually untagged. Is it all of the vehicles in these pictures?
AS-for the most part all the vehicles were untagged at the beginning, but he started tagging the
vehicles and got rid of a lot of them, the truck was gone, the boat wasn't there anymore. A lot of
the vehicles are gone except for the last ones that you see in the driveway they did have tags on
them.
RA-okay, out of all the exhibits I see I can only identify the one silver vehicle that didn't have a
tag on it.
AS-right
RA-all the other ones, like the hatchback has a tag on it, a lot of the pictures were taken from the
front so I cannot see from the back to see if they actually have a tag on them or not.
AS-right
RA-but based on your testimony and having what looks like evidence of what appears to be
vehicles in disrepair and that have been sitting there for a while and having several vehicles there,
I see at least one and I see the boat also, but I cannot read if the registration on it is current or
not but there is sufficient factual basis for the allegations in this case and based on the testimony
and the exhibits presented at this hearing and there is sufficient factual basis and I will find that
the respondent in this case was in violation of Chapter 30, Section 30-41 Disabled vehicles for
having untagged/inoperable vehicles all over the front of the property, even though the respondent
did come into compliance as of January 30, 2023 and based on the recommendation of the city
that no further action be taken, because they did come into compliance we will certainly note for
the record that the respondent was in violation of Chapter 30, Section 30-41 for having disabled
vehicles for purposes of the record. Anything else on this one Mr. Smith.
Page 4 of 9
VI. COMPLIED CASES CONTINUED
B. CONTINUED: AS-no sir
RA-okay next case.
VII. NEW CASES
A. Case No. 221221016; 130 Palm Beach Properties LLC do Betty Khan, Northwest 11th 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, 30-44 General cleaning and
beautification for a vacant lot with overgrown grass, weeds, bushes, shrubs, and trees. The
respondent is not a repeat violator. The respondent was first notified on November 22, 2022 via
Courtesy Card. On December 21, 2022 Code Officer Curl inspected the property, still non-
compliant. On December 21, 2022 SOV/NOH, photos and ordinances mailed via USPS certified
return receipt for the February 14, 2023 Hearing. The city has not received anything back as of
the date of this Hearing. On January 17, 2023 Code Officer Smith inspected the property, still
non-compliant. On January 26, 2023 Code Officer Smith posted the property and the public
notices board at City Hall with a Notice to Appear. On February 6, 2023 Code Officer Curl
inspected the property, still non-compliant. To comply with City Ordinances, property owner needs
to cut and trim back all overgrown vegetation. The City recommends a fine of$50.00 per day, to
begin 21-days after the date of the Special Magistrate Hearing on February 14, 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 on behalf of the city.
GH-Code Officer Smith who took the photos.
AS-Officer Curl and myself
GH-is the Courtesy Card sent via Certified Mail
AS-the Courtesy Card is not it is sent by regular mail, but the SOV/NOH is sent via certified mail
which we have not received back.
GH-so is that when you posted the property.
AS-yes, that is correct.
GH-and the posting of the property represents proper notice.
AS-yes that is correct.
GH-nothing further
RA-okay, Mr. Smith you took the photos in this case.
AS-I did and Code Officer Curl
RA-okay I see, based on the testimony of the certified code enforcement officer and exhibits
presented in this case I will make a finding in this case in the case of the City of Okeechobee vs.
130 Palm Beach Properties LLC do Betty Khan Case #221221016 I will make a finding that the
respondents in this case are in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44
General cleaning and beautification for having a vacant lot with overgrown grass, weeds, bushes,
shrubs, and trees. The certified code enforcement officer even though he did not receive a return
receipt for the mail in case I will make a finding that the property was properly posted, and it satisfy
the requirement for posting a notice in this case for the violation of the city code and ordinances.
The respondent was properly notified but has not responded and by my examination of the
exhibits shows that there is sufficient factual basis for the allegations in this case there, I see a
vacant lot with a lot of vegetation and shrubs that looks like it hasn't been maintain and it has not
been taken care of. So, I will make a finding that the respondent in this case is in violation the
city's recommendation is a fine of$50.00 per day fine to begin 21 days after the date of the Special
Magistrate Hearing, which is today February 14, 2023, unless the property owner brings the
property into compliance on or before that date, plus a $50.00 administrative fee. Mr. Smith other
than the posting have you tried to find any other way to send a copy of the notice for this hearing
and that they will have 21-days to comply, or the fine will begin.
AS-no sir, besides sending certified mail that is it. Certified mail and posting, that's it.
RA-okay so when you sent the mail it just hasn't come back, and you don't know what happened
to it.
AS-nope it just hasn't come back.
Page 5 of 9
VII. NEW CASES CONTINUED
A. CONTINUED: RA-alright, that is what we will do, nothing further, next case.
B. Case No. 230111006; James K. and Pamela G. Davis, Southwest 2nd Avenue, Violation of
Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles (Exhibit 5).
AS-violation of Chapter 30, Section 30-41 Disabled vehicles for having disabled vehicles on the
property. The respondent is not a repeat violator. The respondent was first notified on November
17, 2022 via Courtesy Card. On December 6, 2022 Code Officer Smith inspected the property,
still non-compliant. On December 15, 2022 Mr. Davis came into the office and spoke with Code
Officer Smith and Curl and stated that he would get the vehicles removed but he would need a
little more time to get it done. Code Officer Smith advised Mr. Davis that we will give him two more
weeks to get it done. On January 7, 2023 Code Officer Smith inspected the property, still non-
compliant. On January 12, 2023 SOV/NOH and photos mailed via USPS certified return receipt
for the February 14th Hearing. Received by Jim Davis on January 17, 2023. On January 26, 2023
Code Officer Smith inspected the property, still non-compliant. On February 6, 2023 Property
owner, Mr. Davis came into the office, spoke with Code Officer Smith, he asked if he could have
more time to move the disabled vehicles from the property. He was advised that he had till
tomorrow, and he agreed. On February 7, 2023 Code Officer Smith inspected the property, still
non-compliant. To comply with City Ordinances, property owner needs to remove the disabled
vehicles from the property. The City recommends a fine of$50.00 per day, to begin 21-days after
the date of the Special Magistrate Hearing on February 14, 2023, unless the property owner brings
the property into compliance on or before that date, plus a $50.00 administrative fee.
RA-Mr. Hyden is there anything else you would like to ask on behalf of the city.
GH-Code Officer Smith who took the photos throughout the file.
AS-I took the photos throughout the file.
GH-okay, and you testified that a letter was mailed via USPS certified return receipt, and you
testified that it was received by Mr. Jim Davis on January 17, 2023.
AS-yes that is correct.
GH-and your office and you actually had a chance to speak with Mr. Davis that is correct.
AS-yes that is correct on two occasions.
GH-and he was made aware of the code infraction.
AS-that is correct.
GH-and you verified that has not been corrected to this date, correct?
AS-that is correct.
RA-okay, thank you sir. I will make a finding in this case of the City of Okeechobee vs. James K.
and Pamela G. Davis, Case #230111006 in this case the respondents are in violation of Chapter
30, Section 30-41 Disabled vehicles for having disabled vehicles on the property. I will also make
a finding that based on testimony and the exhibits presented at this hearing that there is plenty of
sufficient factual basis for the allegations I can see what looks like disabled vehicles on the
property and more than sufficient to serve as factual basis for the allegations in this case for the
violations. Mr. Smith, I do have a question in the second picture there seems to be some metal
post or something like that laying on the ground.
AS-yes sir.
RA-is that any type of violation or are they ok to be there.
AS-I didn't sight him for the post.
RA-okay so I will find that the post was not the source of the violations.
AS-no sir the vehicles were.
RA-okay so based on the testimony and the exhibits presented this hearing the respondents are
in violation of Chapter 30, Section 30-41 Disabled vehicles for having disabled vehicles on the
property. I will also find that the respondent was properly served and communicated with code
enforcement in this case, I will follow the City's recommendation of a fine of $50.00 per day to
begin 21 days after the date of this hearing, which is today February 14, 2023, unless the property
owner brings the property into compliance on or before that date, plus a $50.00 administrative
fee. Anything else Mr. Smith.
AS-that is it.
RA-okay thank you sir.
Page 6 of 9
VII. NEW CASES CONTINUED
B. CONTINUED: GR-can I ask a question in this case.
RA-sure
GR-I am thinking like if one of our council members were sitting here, and looking at this guy and
he is like oh I will get this done in a couple weeks and then you go back and it's not done and
then he's like I will get this done in another week or so, and then you go back and it's still not
done, then he's like I will get this done tomorrow, I can hear one say how often can we give
someone more time like this. Because in my mind this guy is like blowing the whole thing off and
it is almost like he knows when the dates of these meetings are because he is doing it to a point
whereas we almost have to wait another month to get it on the agenda for a meeting.
RA-yes, the way it is decided is I am considering the he was properly served for todays hearing,
and he chosen not to be here so he cannot ask for another extension and I am not hearing any
testimony from the certified code enforcement officer that he has made any effort so there is no
reason for me to give him another extension because it looks like he doesn't cares and the city's
recommendation is reasonable so he will get served with this and doesn't come into compliance
than its his fault. I don't see any special circumstances. So, if doesn't correct it I don't see any
reason not to fine him.
GR-I agree.
RA-anything else Mr. Smith.
AS-we have two more cases.
RA-okay next case.
C. Case No. 230111007; Paul and Charlene Haynes, 800 Southwest 11th Avenue, Violation of
Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles (Exhibit 6).
AS-violation of Chapter 30, Section 30-41 Disabled vehicles for untagged/inoperable vehicle on
the property. The respondent is not a repeat violator. The respondent was first notified on
December 15, 2022. On January 7, 2023 Code Officer smith inspected the property, still non-
compliant. On January 12, 2023 SOV/NOH and photos mailed via USPS certified return receipt
for the February 14th Hearing. On January 18, 2023 Code Officer Curl received a call from
Charlene Haynes who stated that the vehicle does run, is tagged and the owner is supposed to
come remove it off her property. She was advised that the vehicle would need to be removed
before the hearing date to be in compliance. On January 26, 2023 Code Officer Smith inspected
the property, still non-compliant. On February 6, 2023 Code Officer Smith inspected the property,
still non-compliant. To comply with City Ordinances, the property owners need to repair, and tag
the vehicle or remove the vehicle from the property. The City recommends a fine of $50.00 per
day, to begin 21-days after the date of the Special Magistrate Hearing on February 14, 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-Mr. Smith are you the one who took the photos in the file.
AS-yes, I am.
GH-I have nothing else.
RA-Mr. Smith you took these photos.
AS-yes, I did.
RA-and they accurately represent the conditions of the property at the time.
AS-yes, they do
RA-I will make a finding in this case of the City of Okeechobee vs. Paul and Charlene Haynes,
Case #230111007, I will make a finding in that the respondent in this case have been alleged to
be in violation of Chapter 30, Section 30-41 Disabled vehicles, untagged/inoperable vehicles on
the property, based on the testimony and the exhibits presented at this hearing by the certified
Code Enforcement Officer Mr. Smith I will find that there is sufficient factual basis for the
allegations in this case, I see the picture of the disabled vehicle that looks like it has been sitting
there for a while, if I had to guess how long this vehicle has been sitting here it probably has been
several years, but they claim that the vehicle actually moves which is pretty darn good and why
don't they move it and I will make a finding that the respondent was properly served in this case
by the USPS certified mail and they did respond to the violations in this case, it looks like they
Page 7 of 9
VII. NEW CASES CONTINUED
C. CONTINUED: were properly noticed for this hearing and chose not to be here so based on the
testimony and the exhibits presented by the certified Code Enforcement Officer, I will follow the
city's recommendation and find the respondents in violation of Chapter 30, Section 30-41
Disabled vehicles I will follow the recommendation that the respondent be fined $50.00 per day
to begin 21-days after the date of this hearing February 14, 2023, unless the property owner
brings the property into compliance on or before that date plus a $50.00 administrative fee.
Anything else Mr. Smith.
AS-no sir.
RA-okay next case.
D. Case No. 230111008; Capital C Inc, 307 Southwest 3rd Street, Violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification (Exhibit 7).
AS-violation of Chapter 30, Section 30-43 Public nuisances, 30-44 General cleaning and
beautification for a vacant lot with overgrown grass, weeds, shrubs, and trees. The respondent is
not a repeat violator. The respondent was first notified on December 15, 2022 via Courtesy Card.
On January 10, 2023 Code Officer Smith inspected the property, still non-compliant. On January
12, 2023 SOV/NOH and photos mailed via USPS certified return receipt for the February 14th
Hearing, received on January 17, 2023, signature not legible. On January 26, 2023 Code Officer
Smith inspected the property, still non-compliant. On February 6, 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. The City recommends a fine of$50.00 per day, to
begin 21-days after the date of the Special Magistrate Hearing on February 14, 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 on behalf of the city.
GH-Mr. Smith did you take all the photos in the file.
AS-yes, I did
GH-and we were able to verify through the tracking details that the certified letter was delivered
to the property owner
AS-yes, we did
GH-and you did the inspection of the property, and it is not in compliance.
AS-that is correct.
GH-nothing further.
RA-okay, thank you sir, I will make a finding in this case of the City of Okeechobee vs Capital C
Inc, Case #230111008 the respondent in this case is in violation of Chapter 30, Sections 30-43
Public nuisances 30-44 General cleaning and beautification for a vacant lot with overgrown grass,
weeds, shrubs, and trees. I will also make a finding that there is sufficient factual basis to support
the allegations in this case by examination of the exhibits and the testimony of the certified code
enforcement officer and I will find the respondent in violation and the SOV/NOH was sent to the
respondent and even though the signature is not legible it was received by somebody at that
address so that is sufficient for proper notice and due process the respondent was properly
noticed., and I will follow the city's recommendation of a fine of$50.00 per day to begin 21 days
after the date of this hearing February 14, 2023, unless the property owner brings the property
into compliance on or before that date, plus a $50.00 administrative fee. Anything else Mr. Smith.
AS-no sir
RA-okay that will do it, anything else Mr. Hyden
GH-no sir
RA-anything else Mrs. Curl
CC-no sir
RA-okay if that will do it for today, we will conclude this hearing.
VIII. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hearing was adjourned
at 6:46 P.M.
Page 8 of 9
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.
Page 9 of 9