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2023-03-14 V. E. Exhibit 5 Exhibit 5 V. E. Exhibit #5 Case #230111006 James and Pamela Davis Exhibit 5 Code Enforcement Hearing March 14, 2023 Case Number, Name and Address: Case #230111006, James K. and Pamela G. Davis, SW 2nd Ave. Code Section Violated Description of Violation Chapter 30, Section 30-41 Disabled vehicles Disabled vehicles on property 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 February 14, Case presented to the Special Magistrate, found in violation of Chapter 2023 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. February 15, Lien/Order mailed via USPS certified return receipt Pam February 2023 Davis 22, 2023 February 23, Mr. Davis came into the office and spoke with Code Officer Smith and 2023 advised that his property was in compliance, and it was ready for inspection. Code Officer Smith inspected the property: in compliance, case closed. February 24, Compliance Letter mailed via USPS regular mail 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 February 23, 2023, therefore no lien/order was recorded, no fine accrued Chronology attached Page 1 of 1 Exhibit 5 Case #230111006; James K Davis & Pamela G Davis Date Event/Document November 17, 2022 Property owner: James K Davis & Pamela G Davis Property address: SW 2nd Ave, Okeechobee Mailing address: 2205 SW 2nd Ave. Okeechobee, FL 34974 Violation of Chapter 30, Sections 30-41 Disabled Vehicle, disabled vehicles on the property. Photos in file. Courtesy Card, copy of the ordinance, and photos mailed via regular mail, given 14-days to correct violations December 6, 2022 Code Officer Smith inspected the property: still non-complaint, disabled vehicles remain on the property. Photos in file. 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. January 7, 2023 Code Officer Smith inspected the property: still non-compliant, disabled vehicles remain on the property. Photos in file 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. January 26, 2023 Code Officer Smith inspected the property: still non-compliant, disabled vehicles remain on the property. Photos in file February 6, 2023 Property owner Mr. Davis came in spoke to Code Officer Smith and 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. February 7, 2023 Code Officer Smith inspected the property: still non-compliant, disabled vehicles remain on the property. Photos in file February 14, 2023 Case 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. February 14, 2023 Lien/Order prepared and signed by the Special Magistrate February 15, 2023 Lien/Order mailed via USPS certified return receipt. Received by Pam Davis on February 22, 2023. Page 1 of 2 Exhibit 5 Case #230111006; James K Davis & Pamela G Davis Date Event/Document 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, disabled vehicles remove and the high grass cut. Case Closed. February 24, 2023 Compliance Letter mailed via USPS regular mail. Page 2 of 2 Exhibit 5 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2^a Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE,FLORIDA CASE NO.230111006 CITY OF OKEECHOBEE,PETITIONER -vs- James K and Pamela G.Davis,RESPONDENT LIEN/ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on February 14, 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: James K.and Pamela G.Davis Property Location: Southwest 2nd Avenue,Okeechobee,FL.34974 Legal Description: Lot 3 of Block 5, Royal Oak Addition, Plat Book 1, Page 8, public records of Okeechobee County,Florida Parcel: 3-28-37-35-0060-00050-0030(35989) 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 30-41 Disabled Disabled vehicles on the property vehicles ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles, concerning your property located at Southwest 2nd Avenue,Okeechobee,Florida. If you do not correct the violations by March 7, 2023, the Magistrate hereby imposes a fine of$50.00 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 14th day of February,2023. XCity Okeechob e-' Code Enforcement Special Magistrate Roger Azcona,Esquire A TEST: 'X. ;01vfA, I DILL Christina Curl,Recording Se6retary STATE OF FLORIDA COUNTY OF OKEECHOBEE /// The foregoing instru ent was acknowledged before me this/4 day of FMriArvy ,20.,23,by Roger Azcona and Chri tina Curl by means of ysical presence or El online notarization,who produced as i entification oy . is personally kno n tome and who did take an oath. Signature of Notary' c.. iy 011 Joanna ary L K Slats o1Fbi^a Jeanna L Kovac #7 My Commission NH G70318 as 12/102024 t' Ww0L Exhibit 5 U.S. Postal Service" m CERTIFIED MAIL° RECEIPT rn Domestic Mail Only N (t For delivery information,visit our website at www.usps.com`'. O N Certified Mail Fee J/ m Extra Services&Fees(check box,add fee as appropriate) f�, Lr / (r �V` " ❑Return Receipt(hardcopy) g r O ❑Return Receipt(electronic) $ Postmark 0 ❑Certified Mall Restricted Delivery $ Hers, 0 0 Adult Signature Required S © ❑Adutt Signature Restricted Delivery$ Postage ._0 $ 0 Total Postage and Fees ftl / •torP x'N ARP J/ • MIL,/� PS Form 3800,April 20'.5 PSN 7530-02-000.9047 See Reverse for Instructions Exhibit 5 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Sign ture • Print your name and address on the reverse x I./ 0 Agent so that we can return the card to you. 4 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. de of D very or on the front if space❑ermits. ___ �i 1�` ;'� j:�� — James K Davis I �` ' 1? u iress different from item t 7 Yes Pamela G. Davis delivery address below: ElNo 2205 SW 2nd Ave. Okeechobee, FL. 34974 (II' III III IIilll III 1111l II 1111111 III I ail 3. Service Type❑Adult Signature 0 Priority Mail Express® 0 Registered Mail'"' Oult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 7919 2234 7939 38 Certified Mail® Iwery ; `'Certified Mail Restricted Delivery : 1 Signature Confirmations. ❑Collect on Delivery , 0 Signature Confirmation 2. Article Nrimher rTrancf r rrnm 0an.r��,,,..-it ^'^"--' '1 Delivery Restricted Delivery Restricted Delivery 7020 0640 0001 3470 7733 ail ail Restricted Delivery l lover$500) ; PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 5 l• �� S ark, g. ". yat. R i d , #: i ` \\ ,s, O�Q��► y+f'�Yae• `'?F�., ..K S. �i•nu ''•�Zrgr A, '' r 9i,:. � k `� ; [7a ` '3�.r s •r r ,sue y c e 7 C• ,,s, y .s. , • • -^ 7a R`.. a 'Y+r Ra r rh'f ►4. 'a s � .yv C'4 • rr _ :_..� "..- '= c .,: F 02/i �3/2�©2x3 14 17 11, ..� a _ iv • . `.',.- k°'..,1 .. '.- iv, 1, tof N. .,,f-:). -: .,,,, i yam, f/��J/�{g 1 "s - 1 " .. - -. ,,,. .: —+fir R0 or:r =;r •�- fl302323 9 0 1 .r aF F r,, 4 ' �A�:.J. ,v� .i f.- � p` 1 Jrj 74 Exhibit 5 • 4 .V1- ?5 1: City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 February 24, 2023 James K. and Pamela G. Davis 2205 SW 2nd Ave. Okeechobee, FL. 34974 Re: SW 2"d Ave., Okeechobee, FL. 34974 Case# 230111006 Dear Mr. and Mrs. Davis: 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 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