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2023-03-14 Handwritten Minutes f''"''-- CITY OF OKEECHOBEE CODE ENFORCEMENT m` MARCH 14, 2023 SPECIAL MAGISTRATE HEARING �pr r•; 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 ���`� HANDWRITTEN MINUTES — CHRISTINA CURL . ; dro 0/ 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 March 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-via zoom 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 dispensed with the reading and approved the February 14, 2023 Minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to Code Officers Smith, Curl, and Mr. Cody Wheatley. V. COMPLIED CASES A. Case No. 221118023; Harry and Betty 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 1). AS-violation of Chapter 30, Sections 30-40 Junk for having debris in the front of the home and in the middle of the front yard, 30-41 Disabled vehicles for having disabled/untagged vehicles on the rear and side of the property, 30-43 Public nuisances, for overgrown grass, weeds, shrubs, and bushes. The respondent is not a repeat violator. On January 10, 2023, the case was presented to the Special Magistrate and found in violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances. 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. If the property is not brought into compliance, fine accrual will begin on January 31, 2023. On January 13, 2023, the lien/order was mailed via USPS certified return receipt. The notice was received by Betty Schock on January 19, 2023. On January 31, 2023 Code Officer Smith inspected the property, in compliance. On February 13, 2023 Compliance Letter was mailed via USPS regular mail. Page 1 of 9 V. COMPLIED CASES CONTINUED A. Case No. 221118023; CONTINUED: The City recommends no action on this matter, but request it be noted for the record that the property came into compliance on January 31, 2023 therefore no lien was recorded, no fine accrued. RA-I will make finding in this case that based on the testimony of the certified Code Enforcement Officer Mr. Smith that we did find a violation in this case during the hearing on January 10, 2023, but the property did not come into compliance within 21-days that would have been January 31, 2023, fines were going to accrue in this case at the rate of$75.00 per day but the property did come into compliance as noted by Officer Smith on January 31st so based on the city's recommendation that there be no action taken on this matter but request it be noted for the record that the property was in violation but came into compliance on or before the due date before any fines could accrue. So that is what we will do it will be noted and not further action. B. 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 2). AS-violation of Chapter 50, Section 50-36 Issuance of local business tax for conducting business in the City of Okeechobee without a Business Tax Receipt (BTR). The respondent is not a repeat violator. On January 10, 2023, the case was presented to the Special Magistrate and found in violation of Chapter 50, Section 50-36 Issuance of local business tax. 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. If the property is not brought into compliance, fine accrual will begin on January 31, 2023. On January 13, 2023 lien/order was mailed via USPS certified return receipt to the agent of record and business owner. The notice was received by the agent of record/France Berry on January 20, 2023/ January 26, 2023. On January 31, 2023 Code Officer Smith spoke with Ashley, BTR Specialist she stated that the business owner has purchased a BTR. Copy in file. Case Closed. On February 13, 2023 Compliance Letter mailed via USPS regular mail to the agent of record and business owner. The City recommends no action on this matter, but request it be noted for the record that the business came into compliance on January 31, 2023 therefore no lien/order was recorded, no fine accrued. RA-I would like to ask the city attorney is there anything you would like to add on this one sir. GH-no sir RA-okay, I will make a finding in this case of the City of Okeechobee vs. Pristine Detailing and Pressure Washing LLC, Case#221118019 I will make a finding that the respondent was in violation and was cited a fine of$125.00 per day to begin 21-days after January 10, 2023 but the respondent did come into compliance by the due date of January 31, 2023 and no fine accrued in this matter and I will accept the city's recommendation of no further action in this matter however it will be recorded for purposes of the record that they were in violation but did come into compliance and will be consider a repeat violator in the future so that is what we will do. Anything else on this one Mr. Smith. AS-no sir RA-okay, let's move on C. 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 3). AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown weeds, grass, bushes, or shrubs and junk/debris all over the yard. Page 2 of 9 V. COMPLIED CASES CONTINUED C. Case No. 221118021; CONTINUED: Chapter 54, Section 54-51 Parking in residential neighborhoods for having a semitruck parked on residential property. The respondent is not a repeat violator. On January 10, 2023, the case was presented to the Special Magistrate and found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, Chapter 54, Section 54-51 Parking in residential neighborhood. 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. If the property is not brought into compliance, fine accrual will begin on January 31, 2023. On January 13, 2023 Lien/Order was mailed via USPS certified return receipt. The notice was received by April Martin on January 19, 2023. On January 20, 2023 Code Officer Curl received a call from Mr. Victor Martin who was very upset about the Lien/Order he received. I explained to him that if he brings his property into compliance by January 31, 2023 no Lien/Order will be recorded. The notice he received was to let him know that the Special Magistrate found his property to be in violation of the city ordinances and if the property was not brought into compliance that the lien/order would be recorded, and a daily fine would start accruing until the property is brought into compliance. I advised him that he has had since October to bring his property into compliance, and he has done nothing but resist and fight the city and state that he would bring his property into compliance and every time we inspect the property he is found not to be in compliance. He stated that he would have the property into compliance by Monday and would like the property inspected for compliance. On January 24, 2023 Code Officer Curl/Smith inspected the property. In compliance. Compliance Letter mailed via USPS regular mail. The City recommends no action on this matter, but request it be noted for the record that the property came into compliance on January 24, 2023, therefore no lien/order was recorded, no fine accrued. RA-I would like to ask the city attorney if there is anything you would like to add on behalf of the city Mr. Hyden GH-no your honor RA-okay, I will make a finding in this case of the City of Okeechobee vs. April and Victor Martin, Case #221118021 even though at the hearing on January 10, 2023 we found the respondents in this case in violation, but they did come into compliance before the due date of January 31, 2023 so no fines have accrued in this matter but for purpose of the record it will be noted that the respondents in this case were in violation of the city code Chapter 30, Section 30-43 Public nuisances, 30-44 General cleaning and beautification and Chapter 54, Section 54-51 Parking in residential neighborhoods, so we will just note that for the record, but they did come into compliance. Anything else Mr. Smith AS-no sir. RA-okay, next case D. 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, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown weeds, shrubs, and bushes. Open carport overflowing with items spilling out into the yard. The respondent is not a repeat violator. On January 10, 2023, the case was presented to the Special Magistrate and found in violation of Chapter 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 January 10, 2023, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. If the property is not brought into compliance, fine accrual will begin on January 31, 2023. On January 11, 2023 Mr. Holt contacted Code Officer Smith an advised that the property was in compliance and ready for inspection. Code Officer Smith inspected Page 3 of 9 V. COMPLIED CASES CONTINUED D. Case No. 221025009; CONTINUED: the property: in compliance. On February 13, 2023 Compliance Letter was mailed via USPS regular mail. The City recommends no action on this matter, but request it be noted for the record that the property came into compliance on January 11, 2023, therefore no lien/order was recorded, no fine accrued. RA-I would like to ask the city attorney if there is anything you would like to add Mr. Hyden on behalf of the city GH-no your honor RA-I will make a finding in the case of the City of Okeechobee vs. Charles E. Holt, Case #221025009 I will find that the respondent in this case was found in violation at our hearing on January 10, 2023 and a fine of $50.00 per day to accrue 21-days after, however the respondent did come into compliance before the due date of January 31, 2023 so I will follow the city's recommendation in this case that no further action be taken in this matter but it will be noted for the record that the respondent was in violation but did come into compliance. For the purposes of the future if they do become a repeat violator, so no further action will be taken in this matter at this time. Anything else Mr. Smith AS-no sir RA-okay next case E. Case No. 230111006; James and Pamela 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. On February 14, 2023, the case was presented to the Special Magistrate, found in violation of Chapter 30, Section 30-41 Disabled vehicles. 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 $50.00 administrative fee imposed. Fine accrual will begin on March 7, 2023. On February 15, 2023, the Lien/Order was mailed via USPS certified return receipt. The notice was received by Pam Davis on February 22, 2023. On February 23, 2023 Mr. Davis came into the office and spoke with Code Officer Smith and advised that his property was in compliance, and it was ready for inspection. Code Officer Smith inspected the property: in compliance, case closed. On February 24, 2023 Compliance Letter was mailed via USPS regular mail. The City recommends no action on this matter, but request it be noted for the record that the property came into compliance on February 23, 2023, therefore no lien/order was recorded, no fine accrued. RA-I would like to ask the city attorney if there is anything you would like to add on behalf of the city Mr. Hyden GH-no sir RA-I will make a finding in this case of the City of Okeechobee vs. James K. Davis and Pamela G. Davis, Case #230111006, I will find that the respondent was found in violation at the February 14, 2023 Hearing and a fine of $50.00 per day after 21 days but according to the certified Code Enforcement Officer Mr. Smith the property did come into compliance so I will follow the city's recommendation that no further action to be taken, but request it be noted for the record that the property came into compliance on February 23, 2023, and no lien was recorded and no fine accrued. So that is what we will do. Anything else Mr. Smith. AS-no sir RA-okay next case VI. REPEAT VIOLATORS A. Case No. 230125004; Tina M. Bray, 1115 Northwest 7th Court, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning beautification (Exhibit 6). Page 4 of 9 VII. REPEAT VIOLATORS CONTINUED A. Case No. 230125004; CONTINUED: AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having trash, debris, and personal items all over the property. The respondent is a repeat violator. The respondent was first notified on January 25, 2023 via SOV/NOH. The notice was mailed via USPS certified return receipt and received by the tenant Kristy Valadez on January 28, 2023. The letter to the property owner was returned on February 27, 2023. On February 15, 2023 Code Officer Smith inspected the property, still non-compliant. On February 27, 2023 Code Officer Smith posted the property and the public notices board at City Hall with a Notice to Appear. On March 8, 2023 Code Officer Smith inspected the property, still non-compliant. To comply with city ordinances, the property owner needs to remove all trash and debris from the property. The City recommends a fine of $100.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on March 14, 2023, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. RA-okay are you here for this case, do you want to say something CW-I was just curious it was mainly the trash and debris AS-yes, the trash and debris all over the yard RA-okay, what is your name sir CW-Cody Wheatley RA-so you live at this residence, what would you like to say CW-we have been busting our bottoms on this and we pretty much have it straighten out, we called him yesterday asking him to come by and look at it. RA-okay great so you have taken care of the situation. CW-yes, we have cleaned up all that stuff it is not in the yard anymore, the camper and stuff are all gone, we called him yesterday. RA-okay, sounds great, anything else you would like to add CW-nope RA-okay what was your name again CW-Code Wheatley, you guys have a good one, I'll see you Thursday I'll have some cards for you. AS-okay RA-okay, I will make a finding in this case of the city of Okeechobee vs Tina M Bray, Case #230125004 based on the testimony of the certified Code Enforcement Officer Mr. Anthony Smith and also the testimony of I believe is the boyfriend CC-no sir, he is the tenant RA-oh he is the tenant that he had taken care of it. Based on the exhibits presented by the certified Code Enforcement Officer today and the testimony of the tenant today I will accept the exhibits presented today and testified to that they are accurate and based on the testimony of the Code Enforcement Officer and after examination of the exhibits there is plenty of factual basis for the allegations in this case that the respondent is in violation of the City of Okeechobee Code Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having trash, debris and personal items all over the property and examination of the exhibits I do see factual basis, there seems to be a lot of debris and trash in the yard so the allegations are well supported in this case. I will find that the respondent was properly served and responded to the allegations based on the notices and the posting that was provided to the property so there is proper due process in this case. I will follow the city's recommendation in this case. Before I make a finding is there anything else you would like to add Mr. Hyden. GH-no your honor RA-so I will follow the city's recommendation of a fine of $100.00 per day to begin 21 days after the date of this hearing on March 14, 2023 unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee and it has been noted that they are a repeat violator. Anything else Mr. Smith. AS-no sir Page 5 of 9 VI. REPEAT VIOLATORS CONTINUED A. Case No. 230125004; CONTINUED: RA-okay next case VII. NEW CASES A. Case No. 221220005; Tarmac Florida Inc, 710 Northeast 3rd Avenue, 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, Sections 30-43 Public nuisances for having overgrown weeds, grass, bushes, or shrubs, trash, yard debris or junk all over the property and the fence around the property being damaged causing a safety hazard, 30-44 General cleaning and beautification for having inoperable, abandoned, or unlicensed equipment on the property. The respondent is not a repeat violator. The respondent was first notified on October 25, 2022 via Courtesy Card. On November 8, 2022 Shelby Olsen (Florida Environmental Director) called in and spoke with Code Officer Smith and advised that Titan of Florida is the new owners of the property (337-523-5486). The mailing address: 455 Fairway Dr. Deerfield Beach, FL 33441. She also advised that grass and the fence will be corrected by the end of the month, and the scrap metal vendor coming this week to give an estimate on the scrap metal removal. Ms. Olsen. On November 16, 2022, Code Officer Smith inspected the property, still non-compliant. On November 19, 2022, Code Officer Curl inspected the property, still non-compliant. On December 08, 2022, Code Officer Smith inspected the property, still non-compliant. On December 12, 2022, Code Officer Curl received a call from Matt at Titan, 561-644-1492 he stated that the fence repair has been made, and they are having some issues getting the yard taken care of as they have only received one quote and are waiting on a few more. He will be emailing photos of the fence and the quote they have received. Email: mdavitt@titanamerica.com. On December 15, 2022, Code Officer Smith inspected the property, still non-compliant. On December 20, 2022 SOV/NOH mailed via USPS certified return receipt for the March 14, 2023 Hearing. The notice was received by the new owner on December 23, 2022 and the old owner on December 27, 2022. On January 4, 2023 Code Officer Curl received a call from Matt with Titan who stated that he received the SOV/NOH, and they are still working on getting the grass and weeds cut and figuring out what pieces of equipment are no longer in working order to be removed from the property, so as soon as he knows a time frame, he will let me know. On January 23, 2023 Email from Matthew Davitt-Environmental Manager with Titan America LLC was received stating that Flawless Lawncare has been hired to clear/clean up the vegetation on the property and the work should be completed on/by January 31, 2023. On February 1, 2023 Email from Matthew Davitt- Environmental Manager with Titan America LLC was received stating that the vegetation clearing/removal had been completed and the property was ready for reinspection. On February 4, 2023 Code Officer Smith inspected the property, still non-compliant however progress has been made with the vegetation clearing/removal. On February 7, 2023 Code Officer Smith inspected the property, still non-compliant Code Officer Curl emailed Mr. Davitt to let him know that the overgrown vegetation had been cleared/removed, however the property still remains non-compliant with inoperable/abandoned equipment that still remains on the property. To comply with city ordinances, the property owner needs to remove the inoperable/abandoned equipment that still remains on 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 March 14, 2023, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. RA-anything else you would like to add on behalf of the city Mr. Hyden GH-Code Officer Smith you guys gave them proper notice in this case AS-that is correct GH-you gave them notice by certified return receipt and you guys received the return receipt AS-that is correct GH-and throughout this process you have been in constant contact with the company's owner and the company's representatives in regard to the condition of the property that is correct Page 6 of 9 VII. NEW CASES CONTINUED A. Case No. 221220005; CONTINUED: AS-that is correct GH-and the fee that has been recommended is consistent with the city's fine schedule that is correct AS-that is correct GH-and you have seen the property as recent as February 71h and it is still non-compliant. AS-that is correct GH-in spite of all the attempts AS-that is correct GH-nothing further RA-thank you Mr. Hyden, just a quick question Mr. Smith, the photos attached to the exhibits did you take all the photos AS-yes, I did and Code Officer Curl as well RA-I take it that these photos and the dates attached to them accurately represent the conditions of the property at the time they were taken Mrs. Curl CC-yes sir RA-and you sir AS-yes, they do RA-okay and the equipment that they are in violation for is it that big round thing that is laying on its side AS-yes, it is RA-and there is some other stuff in there too AS-yes sir RA-does it include the rock that I see in there, the big pile of debris of rock that I see, is that included in what they have to remove or is it just the big drums next to the tower or is it just the one lying on its side. AS-it is the big one lying on its side, the big, tall one, the drums, the big totes up against the wall with liquids in it they need to be remove, the pile of rocks could also be considered debris as well too RA-I just wanted to clarify so the respondent would know AS-yes sir RA-okay, I will make a finding in the case of the City of Okeechobee vs Tarmac FL, Case #221220005 the respondents are being cited for violation of Chapter 30, Sections 30-43 Public nuisances for having overgrown weeds, grass, bushes, or shrubs, trash, yard debris or junk all over the property, and the fence around the property being damaged causing a safety hazard, 30-44 General cleaning and beautification for having inoperable, abandoned, or unlicensed equipment on the property and upon hearing the testimony of the certified Code Enforcement Officers in this case Mr. Smith and Mrs.. Curl and together with the exhibits presented there is sufficient factual basis for the allegations in this case. After examining the pictures there appears to be a lot of inoperable/abandoned equipment that is lying down and not being used and it looks like it has been there for years and there is plenty of vegetation that is unkept together with a lot of drums and things that are just being stored there on the property. I find the respondent in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and I also find that the respondents have been properly served in this case and proper due process with providing a Statement of Violation/Notice of Hearing and they have received it and responded to it. There is evidence that they are aware and have started to make corrections and they have been given plenty of time to make the corrections so I will follow the city's recommendations of a $50.00 per day to begin 21-days after the date of this hearing on March 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-next case Page 7 of 9 VII. NEW CASES CONTINUED B. Case No. 230126013; Jacob Kenneth Bryan, 1002 Southwest 15th Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 8). AS-violation of Chapter 30, Sections 30-41 Disabled vehicles for having an untagged/inoperable vehicle in the rear of the property, 30-43 Public nuisance, 30-44 General cleaning and beautification for a fallen tree that has not been removed and overgrown grass and weeds. The respondent is not a repeat violator. The respondent was first notified on January 11, 2023 via Courtesy Card. On January 26, 2023 Code Officer Smith inspected the property, still non-compliant. SOV/NOH and photos mailed via USPS certified return receipt for the March 14th Hearing. On February 13, 2023 Homeowner came in spoke with Code Officer Smith and advised me that the fallen tree and that he was working on the disabled vehicle. On February 15, 2023 Code Officer Smith inspected the property: still non-compliant, however the property owner has made great progress by removing the falling tree from the property. Disabled vehicle remains. On February 27, 2023 Code Officer Smith inspected the property: still non-compliant, the disabled vehicle remains. Code Officer Smith also posted the property and the public notices board at City Hall. Photos in the file. On February 28, 2023 Mr. Bryan the property owner came into the office and asked if we posted his property. I advised him that we did because we haven't received certified return receipt back, so we have to post his property to make sure that he was made aware of what was going on with the case. He also advised us that he would be removing the disabled vehicle from the property to get the in compliance. On March 6, 2023 Jacob Bryan, property owner came into the office and stated that the car has been removed and the property is in compliance. I, Code Officer Curl advised Mr. Bryan that we would be by to inspect the property to confirm compliance. On March 7, 2023 Code Officer Smith inspected the property: in compliance, 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, Section 30-43 Public nuisances and Section 30-44 General cleaning and beautification. RA-anything you would like to add on behalf of the City Mr. Hyden GH-no sir RA-just a few quick questions Mr. Smith, the photos attached to these exhibits you took all the photos AS-yes, I did RA-and they are accurate representation and the dates. AS-yes, they are RA-I just wanted to verify the inoperable vehicle that you are talking about is it the white car on the side of the property AS-yes, it is RA-I will make a finding in the case of the City of Okeechobee vs. Jacob Kenneth Bryan, Case #230126013, the allegation in this case is that the respondent is in violation of Chapter 30, Sections 30-41 Disabled vehicles untagged/inoperable vehicle in the rear of the property, 30-43 Public nuisances, 30-44 General cleaning and beautification for having a fallen tree that has not been removed and overgrown grass and weeds. I will find that based on the exhibits presented here in this hearing along with the testimony of the certified code enforcement officer. Upon examination of the exhibits there is plenty of factual basis for the allegations in this case I see what looks like a disabled vehicle that has been parked and you can tell that it has been there for a few months as there is plenty of vegetation around it and even though there is some progress made with the removal of the fallen tree the respondent is in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30- 44 General cleaning and beautification I will also find that the respondent was properly noticed in this case and due process was followed and I will follow the city's recommendations of no further action be taken in this matter but it will be noted that they were in violation and did come into compliance on March 7, 2023. Page 8 of 9 VII. NEW CASES CONTINUED C. Case No. 230218008; South Buyers LLC, 1101 Northwest 5th Street, Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles (Exhibit 9). AS-violation of Chapter 30, Section 30-41 Disabled vehicles for having an untagged vehicle parked in the driveway. The respondent is not a repeat violator. The respondent was first notified on January 23, 2023 via Courtesy Card. On February 18, 2023 Code Officer Curl inspected the property, non-compliant, untagged vehicle remains. On February 18, 2023 SOV/NOH, photos and ordinance mailed via USPS certified return receipt for the March 14th Hearing. The notice was received on January 23, 2023, signature not legible. On March 7, 2023 Code Officer Smith inspected the property, in compliance, untagged vehicle 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 30, Section 30-41 Disabled vehicles. RA-anything you would like to add on behalf of the city Mr. Hyden GH-no sir RA-Mr. Smith you took these photos AS-I did and Code Officer Curl RA-and these actually represent the property on the date they were taken AS-yes sir RA-I will make a finding in the case of the City of Okeechobee vs. South Buyers LLC, Case #230218008. I will find that is plenty of factual bases for the allegation in this case. The respondent was cited for violation of Chapter 30, Section 30-41 Disabled vehicles for having an untagged vehicle parked in the driveway. Looking at the exhibits I can see a white vehicle that appears to have no tag in this case, and it appears to have been there a while as it has moss growing all over it and obviously there is no tag. Even though the respondent did come into compliance and the vehicle was removed, as of the last inspection on March 7, 2023 by the certified code enforcement officer. So, I will follow the city's recommendation in this case of no further action on this matter but will note for the record that they were in violation of Chapter 30, Section 30-41 Disabled vehicle and came into compliance on March 7, 2023. VIII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:48 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. Page 9 of 9