2023-03-14 V. A. Exhibit 1 Exhibit 1
V. A. Exhibit #1
Case #221118023
Harry and Betty Schock
Exhibit 1
Code Enforcement Hearing March 14, 2023
Case Number, Name and Address:
Case#221118023, Harry & Betty Schock, 1805 NW 7th Ave.
Code Section Violated Description of Violation
Chapter 30, Section 30-40 Junk Debris in the front of the home and in the middle of the front
yard
Chapter 30, Section 30-41 Disabled vehicles Disabled/untagged vehicles in the rear and side of the property
Chapter 30, Section 30-43 Public nuisances Overgrown grass, weeds, shrubs, and bushes
Photos:
See attached
Is respondent a Repeat Violator?
No
Summary:
• The City communicated with the respondent on the below occasion(s).
Date of Type of notice Received Date
notice by received/returned
January Case presented to the Special Magistrate and found in violation of
10, 2023 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.
January Lien/Order mailed via USPS certified return receipt Betty January 19, 2023
13, 2023 Schock
January Code Officer Smith inspected the property, in compliance
31, 2023
February Compliance Letter mailed via USPS regular mail.
13, 2023
City Recommendation:
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.
Chronology attached
Page 1 of 1
Exhibit 1
Case #221118023; Harry A & Betty A Schock
Date Event/Document
October 27, 2022 Property owner: Harry A & Betty A Schock
Property address: 1805 NW 7th Ave. Okeechobee, FL. 34972
Mailing address: 1805 NW 7th Ave. Okeechobee, FL. 34972
Violation of Chapter 30, Sections 30-40 Junk, Section 30-41 Disabled vehicles, 30-43
Public nuisances. Disabled and untagged vehicles in the rear and side of the property. Junk
or debris stored in the front of the home and in the middle of the front yard. Overgrown grass,
weeds, shrubs, and bushes. Photos in file.
Parcel ID: 3-09-37-35-0020-00530-0040 (33131)
Legal: Conners Highlands, Plat Book 1, Page 21, Lot 4 & N % of Lot 5 of Block 53
Courtesy Card, copy of the ordinance, and photos mailed via regular mail, given 14-days to
correct violations.
November 17, 2022 Code Officer Smith inspected the property: not in compliance, none of the violations have
been corrected. Photos in the file.
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.
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.
January 3, 2023 Code Officer Smith inspected the property: still non-complaint, photos in file.
January 6, 2023 Mr. Harry Schock Jr., 863-801-5326, came into the office inquiring about the upcoming hearing
and wanting to know what he needed to do to bring the property into compliance. I, Code
Officer Curl explained to Mr. Schock that the hearing was open to the public, and he was able
to attend to speak with the Magistrate. I also explained to him what needed to be done to bring
the property into compliance.
January 10, 2023 Mr. Harry Schock Jr, came into the office and provided photos of the work he completed. I,
Code Officer Curl advised him that everything would be presented to the Special Magistrate at
tonight's hearing, and we would be in contact with him.
January 10, 2023 Case 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.
January 11, 2023 Lien/Order prepared for the Special Magistrate's signature
Page 1 of 2
Exhibit 1
Case #221118023; Harry A & Betty A Schock
Date Event/Document
January 13, 2023 Lien/Order signed by the Special Magistrate
January 13, 2023 Lien/Order mailed via USPS certified return receipt. Received by Betty Schock on January
19, 2023.
January 31, 2023 Code Officer Smith inspected the property, in compliance, photos in file. Case Closed.
February 13, 2023 Compliance Letter mailed via USPS regular mail.
Page 2 of 2
Exhibit 1
88
��,f�OFONfFry��� CITY OF OKEECHOBEE CODE ENFORCEMENT
JANUARY 10, 2023, SPECIAL MAGISTRATE HEARING
OFFICIAL MINUTES
CALL TO ORDER
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 3m
Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate
Azcona.
IL ATTENDANCE
Code Enforcement Officer Christina Curl called the roll. Special Magistrate Roger Azcona, Esquire, City
Attorney Greg Hyden,Code Enforcement Officer Anthony Smith were present.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be added, deferred, or
withdrawn;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, Mrs. Selena Taylor,
Mr. Perry S. Arnold, Jr., and Mr. Charles Holt; all affirmed. Code Officers Smith, Curl stated for
the record all events regarding the Cases to be discussed occurred within the corporate limits of
the City of Okeechobee. The Officer's notes, testimony, photographs, and support documents
were all entered as part of the official record.
V. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 220128007; Perry Sylvester Arnold,Jr., 620 Northeast 4th Avenue [Legal Description:
Lots 5 and 6 of Block 80, CITY OF OKEECHOBEE, Plat Book 1, Page 10 or Plat Book 5, Page
5, Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of Code of Ordinances
Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning
and beautification and Chapter 82,Section 82-124 Permits on March 8,2022,where a fine in the
amount of$50.00 per day starting 21-days after the date of the Hearing, plus a one-time$50.00
administrative fee was imposed.The imposed fine began accrual on April 5, 2022. The property
was brought into compliance on July 26,2022. Mrs. Selena Taylor submitted a request for a fine
reduction on August 23, 2022. Mrs. Arnold requested that the fine be dismissed due to special
circumstances.On October 11,2022,Mrs.Arnold submitted an Adjudication as to Incapacity into
evidence The City recommends a fine reduction of 75-percent, plus a$50.00 administrative fee.
Based on the evidence provided,Special Magistrate Azcona ruled to reduce the fine by 100-
percent,reducing the fine to zero.
VI. COMPLIED CASES
A. Case No. 221119009; David Sales and Olga Lidia Jimenez, 503 Northeast 3rd Street [Legal
Description Lots 10,11,12 of Block 118,CITY OF OKEECHOBEE,Plat Book 1, Page 10 and Plat
Book 5, Page 5,Okeechobee County public records]. No action on this matter was requested but
is noted for the record to have been in violation of Code of Ordinances, Chapter 54, Section 54-
51 Parking in residential neighborhoods, Chapter 30, Sections 30-43 Public nuisances.
B. Case No. 221118022; Anne M. Land, 500 Northwest 16th Street [Legal Description: Lot 1 and
East half of Lot 2 of Block 69, CONNERS HIGHLANDS, Plat Book 1, Page 21, Okeechobee
County public records].No action on this matter was requested but is noted for the record to have
been in violation of Code of Ordinances Chapter 30,Section 30-41 Disabled vehicles.
VII. NEW CASES
A. Case No. 221025009; Charles E. Holt, 1010 Southwest 11"'Avenue [Legal Description: Lots 19
and 20 of Block 22, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book 2, Page 7,
Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances,30-44 General cleaning and beautification for having overgrown
vegetation and debris all over the property. The respondent is not a repeat violator. A Courtesy
Card was mailed via United States Postal Service(USPS)regular mail on October 10,2022.The
property was inspected and found to be non-compliant on October 22, 2022.
January 10,2023,Special Magistrate Hearing,Page 1 of4
VII. NEW CASES CONTINUED 89
A. CONTINUED: A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via USPS
certified return receipt on October 25,2022.The notice was received by Charles Holt on October
28, 2022.The property was inspected and found to be non-compliant on December 8, 2022 and
January 4, 2023. To comply with City Ordinances the property owner needs to remove all
overgrown vegetation and debris from the property. The City recommends a fine of$50.00 per
day, to begin 21-days after 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.
Based on the evidence provided,Special Magistrate Azcona found Case No.221025009 to be
in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44
General cleaning and beautification and imposed a fine of$50.00 per day plus a one-time
administrative fee of$50.00 should the property fail to come into compliance within 21-
days after the date of this Hearing.
B. Case No. 221119010; Okeechobee Commons, LTD do Property Tax Eagle, 402 Northwest 10th
Street[Legal Description: Lots 1 to 6 Inc., Lots 14 to 26 Inc.,and all vacated alley lying between
Lots 1 to 6 and Lots 21 to 26 and South half of vacated alley lying between Lots 7 to 13 and 14
to 20 of Block 29, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County public
records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having several
roofs in need of repair/replacement and overgrown vegetation all over the property. The
respondent is not a repeat violator.A Courtesy Card was mailed via USPS regular mail on October
25,2022.The property was inspected and found to be non-compliant on November 17,2022 and
November 19,2022.A SOV/NOH was mailed via USPS certified return receipt on November 19,
2022.The City has not received the SOV/NOH nor receipt of signature card as of the date of this
Hearing. The property was inspected and found to be non-compliant on December 21, 2022. A
Notice to Appear was posted on the property and on the public notices board at City Hall on
December 27, 2022. The property was inspected and found to be non-compliant on January 3,
2023. To comply with City Ordinances the property owner needs to remove all the overgrown
vegetation and complete the roof repairs/replacements. The City recommends a fine of$75.00
per day to begin 21-days after 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.
Based on the evidence provided,Special Magistrate Azcona found Case No.221119010 to be
in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44
General cleaning and beautification and imposed a fine of$75.00 per day plus a one-time
administrative fee of$50.00 should the property fail to come into compliance within 21-
days after the date of this Hearing.
C. Case No.221118020;Michael Ethan Holsombach, 1010 Southeast 5'h Street[Legal Description:
Lots 2 and 3 of Block 6,WRIGHT'S FIRST ADDITION TO OKEECHOBEE,Plat Book 1,Page 13,
Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30,
Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and
beautification for having an untagged/disabled boat, overgrown vegetation, and debris all over
the property,the exterior of the structure in need of being cleaned,and the roof repaired/replaced.
The respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on
October 25, 2022. The property was inspected and found to be non-compliant on November 16,
2022.A SOV/NOH was mailed via USPS certified return receipt on November 21,2022.The City
has not received the SOV/NOH nor receipt of signature card as of the date of this Hearing. A
Notice to Appear was posted on the property and on the public notices board at City Hall on
December 27, 2022. The property was inspected and found to be non-compliant on January 3,
2023. To comply with City Ordinances the property owner needs to remove all the overgrown
vegetation and debris from the property,clean the exterior of the structure and complete the roof
repair/replacement. The City recommends a fine of$75.00 per day to begin 21-days after 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.
Based on the evidence provided,Special Magistrate Azcona found Case No.221118020 to be
in violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43
Public nuisances,30-44 General cleaning and beautification and imposed a fine of$75.00
per day plus a one-time administrative fee of$50.00 should the property fail to come into
compliance within 21-days after the date of this Hearing.
January 10,2023,Special Magistrate Hearing,Page 2 of 4
90 Exhibit 1
VII. NEW CASES CONTINUED
D. Case No. 221118021;April and Victor Martin, 705 Southeast 9h Avenue[Legal Description: Lot
7 and North half of Lot 10 of Block 13, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, Plat
Book 1, Page 13,Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances,30-44 General cleaning and beautification,Chapter 54,Section
54-51 Parking in residential neighborhoods for having overgrown vegetation all over the property,
the exterior of the structure in need of being cleaned and parking a semitruck on residential
property.The respondent is not a repeat violator.A Courtesy Card was mailed via USPS regular
mail on October 25, 2022. The property was inspected and found to be non-compliant on
November 16,2022.A SOV/NOH was mailed via USPS certified return receipt on November 21,
2022.The notice was received by April Martin on November 25,2022.The property was inspected
and found to be non-compliant on December 21,2022 and January 3, 2023.To comply with City
Ordinances the property owner needs to remove all the overgrown vegetation and debris from
the property. The City recommends a fine of$50.00 per day, to begin 21-days after 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.
Based on the evidence provided,Special Magistrate Azcona found Case No.221118021 to be
in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44
General cleaning and beautification, Chapter 54, Section 54-51 Parking in residential
neighborhoods and imposed a fine of$50.00 per day plus a one-time administrative fee of
$50.00 should the property fail to come into compliance within 21-days after the date of
this Hearing.
E. Case No. 221118023; Harry A. and Betty A. Schock, 1805 Northwest 7th Avenue [Legal
Description:Lot 4 and North half of Lot 5 of Block 53,CONNERS HIGHLANDS,Plat Book 1,Page
21,Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30,
Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances for having
disabled/untagged vehicles, junk, debris, and overgrown vegetation all over the property. The
respondent is not a repeat violator.A Courtesy Card was mailed via USPS regular mail on October
27,2022.The property was inspected and found to be non-compliant on November 17,2022 and
November 19, 2022.A SOV/NOH was mailed via USPS certified return receipt on November 21,
2022. The notice was received by Harry Schock on November 25, 2022. The property was
inspected and found to be non-compliant on January 3, 2023. To comply with City Ordinances
the property owner needs to remove all junk, debris, overgrown vegetation, and the
disabled/untagged vehicles from the property. The City recommends a fine of$75.00 per day to
begin 21-days after 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.
Based on the evidence provided,Special Magistrate Azcona found Case No.221118023 to be
in violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled
vehicles, 30-43 Public nuisances and imposed a fine of $75.00 per day plus a one-time
administrative fee of$50.00 should the property fail to come into compliance within 21-
days after the date of this Hearing.
F. Case No.221118019; Pristine Detailing and Pressure Washing,LLC,whose business address is
1495 Southeast 5th Street.
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 50,
Section 50-36 Issuance of local business tax for engaging in business within the City of
Okeechobee without first procuring a local business tax receipt. The respondent is not a repeat
violator.A Courtesy Card was mailed via USPS regular mail on October 26,2022.The respondent
was found to be non-compliant on November 18, 2022. A SOV/NOH was mailed via USPS
certified return receipt on November 28,2022.The notice was received by the Registered Agent,
Inc Authority RA on December 1, 2022. The respondent was found to be non-compliant on
December 20, 2022 and January 4, 2023. To comply with City Ordinances the business owner
needs to purchase a Business Tax Receipt from the City of Okeechobee.The City recommends
a fine of$125.00 per day to begin 21-days after the Special Magistrate Hearing on January 10,
2023, unless the business comes into compliance on or before that date, plus a $50.00
administrative fee.
Based on the evidence provided,Special Magistrate Azcona found Case No.221118019 to be
in violation of Code of Ordinances Chapter 50, Section 50-36 Issuance of local business
tax and imposed a fine of$125.00 per day plus a one-time administrative fee of$50.00
should the business fail to come into compliance within 21-days after the date of this
Hearing.
January 10,2023,Special Magistrate Hearing,Page 3 of 4
Exhibit 1
ql
VIII. ADJOURN MEETING
There being no further business to come before the Special Magi trate, e_He5ln-rwas ad. urned at
7:10 P.M. /�
Roger Azcona, Special-Magistrate
An EST:
(1/W3t/DACL- etel
Christina Curl
Please take notice and be advised that when a person decides to appeal any decision made by the Special
Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure that a verbatim
record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is
to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk.
January 10,2023,Special Magistrate Hearing,Page 4 of 4
Exhibit 1
Prepared By/Return To:
City of Okeechobee
Code Enforcement Department
50 Southeast 2nd Avenue
Okeechobee,Florida 34974
CODE ENFORCEMENT SPECIAL MAGISTRATE
FOR THE CITY OF OKEECHOBEE,FLORIDA
CASE NO.221118023
CITY OF OKEECHOBEE,PETITIONER
-vs-
Harry A.Schack and Betty A.Schock,RESPONDENT
LIEN/ORDER
THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public hearing on January 10,2023.After
due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or
affidavit makes the following findings:
FINDINGS OF FACT:
Property Owner: Harry A.Schock and Betty A.Schock
Property Location: 1805 Northwest 7th Avenue,Okeechobee,FL.34972
Legal Description: Lot 4 and North half of Lot 5 of Block 53, CONNERS HIGHLANDS, Plat Book 1,
Page 21,public records of Okeechobee County,Florida
Parcel: 3-09-37-35-0020-00530-0040(33131)
CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of the following
sections of the City Code of Ordinances,
Code Section Violated Description of Violation
Chapter 30,Section 30-40 Junk Junk and debris stored in the front of the house
Chapter 30,Section 30-41 Disabled vehicles Disabled/untagged vehicles on the property
Chapter 30,Section 30-43 Public nuisances Overgrown grass,weeds,bushes,or shrubs
ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code
of Ordinances Chapter 30,Sections 30-40 Junk,30-41 Disabled vehicles,30-43 Public nuisances,concerning your
property located at 1805 Northwest 7th Avenue,Okeechobee,Florida.
If you do not correct the violations by January 31,2023,the Magistrate hereby imposes a fine of$75.00 per day,
including a one-time administrative fee of$50.00,commencing that date and continuing to accrue daily until
the City verifies that the violations are corrected.Further,if you do not correct the violation by said date,a copy
of this Order as a Claim of Lien,shall be recorded in the Office of the Clerk of Circuit Court, Okeechobee County,
Florida,and once recorded,becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162.
You have the right to appeal this finding within thirty days, and order by Writ of Certiorari to the Circuit Court,
Okeechobee County, Florida. If you correct the violation prior to the above date,it is your obligation to contact the
Code Enforcement Officer to verify such compliance.
ORDERED this 10th day of January 2023.
City of,keechobee
C e orceme tal Magistrate
egerona,Esquire
AT ST:
C ristina Curl,Recording Secretary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE t• 2 _�1
The foregoing instrume was acknowledged before me this I"Jday of ,�1(IAA ,2tt0C by Roger Azcona and Christind
Curl by means of LU tysical presence or 0 online notarization,who produced as identification or�C
is personally known to me and who did take an oath. /��� '
Signature of Notary:nn�/L�. (/[/�?(%le
Notary Puhlic State of Florida ���///"``'"''
Terisa Garcia
.!. ., My Commission GG 270873
Exmres 11/17/2022
WVWVV�r
Exhibit 1
U.S. Postal Service'"
CERTIFIED MAIL® RECEIPT
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Extra Services&Fees(check box,add Me as appropriate)
r'q 0 Return Receipt Q arecopy) $
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SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signature
• Print your name and address on the reverse X /' /7 r r,/,G�( 0 Agent
so that we can return the card to you. ;G 0 Addressee
• Attach this card to the back of the mailpiece, B. Reclvec(by(Printed Name) C.`Date of Deli�ery
or on the front if space permits. r' ��— / ' //� • r_1
Harty P. Schock ddress different from item 1? ❑Yes
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Be A. Schock
1805 NW 7th Ave
Okeechobee, FL. 34972
ii 3. Service Type 0 Priority Mail Express®
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Exhibit 1
City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
February 13, 2023
Harry A. & Betty A. Schock
1805 NW 7th Ave.
Okeechobee, FL. 34972
Re:1805 NW 7' Ave, Okeechobee, FL. 34972
Case# 221118023
Dear Mr. & Mrs. Schock,
On behalf of the City of Okeechobee, we extend our appreciation and sincerest Thank You, for
your efforts to bring the above listed property into compliance with City Ordinances with the
removal of the disabled vehicles, junk/debris, and overgrown vegetation from your property. The
city has a responsibility to assure that the ordinances enacted for the protection of life and property
and for the general appearance of the city are followed by property owners in accordance with
the desires of the residents of the community. Your continuing efforts, in maintaining your property
are important to the City of Okeechobee, your neighbors and fellow citizens.
If we can be of any assistance, please do not hesitate to contact us and we can discuss the
matter. Again, Thank You for your cooperation, understanding and efforts in assisting with the
beautification of the city.
Respectfully,
Christina Curl
City of Okeechobee
Code Enforcement Officer
863-763-9795
ccu rl@cityofokeechobee.corn