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2023-04-11 Handwritted Minutes ,'��y.fF.04' _ CITY OF OKEECHOBEE CODE ENFORCEMENT Q ` y01% APRIL 11 , 2023 SPECIAL MAGISTRATE HEARING •o ;2- 4 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 f/ 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. CALL TO ORDER A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday April 11, 2023, at 6:01 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 Administrative Lieutenant Bettye Taylor 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 March 14, 2023 Minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an C)ath to Code Officers Smith, and Curl. V. COMPLIED CASES A. Case No. 230111007; Paul and Charlene Haynes, 800 Southwest 11th Avenue, Violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles (Exhibit 1). AS-violation of Chapter 30, Section 30-41 Disabled vehicles for having an untagged/inoperable vehicle in the rear of the property. The respondent is not a repeat violator. The city communicated with the respondent 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 and was returned unclaimed on March 29, 2023. On March 7, 2023, Code Officer Smith posted the property with the signed Lien/Order. On March 13, 2023 Code Officer Smith received a call from Charlene Haynes who stated that she got the Lien/Order and that she finally contacted the owner of the car and advised him that he needed to remove his car as soon as possible. She also advised that she'd call back as soon as the car was removed. Charlene Haynes called back and advised that the owner of the car was going to remove the car in a couple of days. I advised her that I would inspect the property later this week to see if the property is in compliance. On March 16, 2023 Code Officer Smith inspected the property, in compliance, disabled vehicle had been removed from the property, case closed. On March 20, 2023 Compliance Letter mailed via USPS regular mail. The City recommends no action Page 1 of 6 V. COMPLIED CASES CONTINUED A. Case No. 230111007; CONTINUED: on this matter, but request it be noted for the record that the property came into compliance on March 16, 2023, no lien/order was recorded, no fine accrued. RA-okay I will ask the City Attorney Mr. Hyden if there is anything you would like to add GH-yes sir, Code Officer Smith there are photos in the file that have been provided, who took those photos. AS-I did GH-okay so you were then able to verify when the car was there and then you were able to verify in person and through photography that the car has been removed. AS-yes that is correct. GH-okay, nothing further RA-okay thank you sir, so I will make a finding in this case that the respondent was found in violation at a previous hearing and the lien/order was mailed, but it was returned, then it was posted on the property and then the respondent did correct the problem so then they did come into compliance. So I will make a finding in the case in the case of the City of Okeechobee vs Paul and Charlene Haynes, Case #230111007; that the respondents in this case did come into compliance and at the request of the City of Okeechobee that the case did come into compliance and we will note for the record that they were in violation and came into compliance on March 16, 2023, no lien/order recorded, no fine accrued and the case was closed. Anything else on this matter, Mr. Smith. AS-no sir. RA-okay so we will move on, thank you sir. B. 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 2). 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 city communicated with the respondent on the below occasions. On March 14, 2023, the case was presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, a fine of$100.00 per day plus a one-time $50.00 administrative fee imposed to begin 21-days after the date of the hearing on March 14, 2023 unless the property owner brings the property into compliance on or before that date. On March 14, 2023, the Lien/Order was prepared and signed by the Special Magistrate. On March 16, 2023 Code Officer Smith inspected the property, in compliance, the trash, debris and personal items were cleaned up from the property, case closed. On March 20, 2023, a Compliance Letter was mailed via USPS regular mail. The city recommends no action on this matter, but requested it be noted for the record that the property came into compliance on March 16, 2023, no lien/order was recorded, no fine accrued. RA-okay I will ask the city attorney is there anything you would like to add on behalf of the city Mr. Hyden GH-I see photographs in the file Officer Smith who took those photographs. AS-I did GH-okay, so you were able to verify in person and through photography that at one point the property was not in compliance and has now come into full compliance. AS-yes, that is correct GH-okay nothing further RA-okay, I will make a finding in this case, in the case of the City of Okeechobee vs Tina M. Bray Case #230125004; based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith I will make a finding that the respondents in this case did come into compliance after examining the exhibits in this case and hearing the certified code enforcement officer. I will follow the recommendation of the City that no further action will be taken in this case, however it will be noted for the record that the respondents in this case are a repeat violator even though the property did come into compliance on March 16, 2023, no lien/order recorded, no fine accrued. Anything else on this case Mr. Smith AS-no sir that will be it RA-okay next case Page 2 of 6 V. COMPLIED CASES CONTINUED C. Case No. 210125007; Glenn Frank Prescott, 1009 Southwest Park Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 3). AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having junk and debris all over the property, overgrown weeds, grass, bushes, or shrubs, the exterior of the home needing to be cleaned and an unsecured structure. The respondent is not a repeat violator. The city communicated with the respondent on the below occasions. On March 8, 2022, the case presented to the Special Magistrate found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of$25.00 per day to begin 21 days after the date of this Hearing, unless the property owner brings the property into compliance before that date, plus a one-time $50.00 administrative fee. On March 10, 2022, Code Officer Smith hand delivered the Lien/Order to Mr. Prescott, he signed the delivery receipt. On March 29, 2022, Code Officer Smith inspected the property, still non- compliant. On March 31, 2022, Lien/Order recorded at the Okeechobee Clerk of Court. File #2022004390, Page(s): 1 Fine of$25.00 per day plus a one-time $50.00 administrative fee began accrual. On September 12, 2022, a 90-Day Letter was hand delivered to the property owner. Code Officer Smith inspected the property; non-compliant the grass was being cut but all the overgrown shrubs and trees still in need of being cut back. On January 3, 2023, Council member Chandler came into the office and stated that Mr. Prescott passed away and that the daughter would be getting the property into compliance soon. On January 9, 2023, Code Officer Curl received a call from the property owner's daughter Jennifer Haigh and son-n-law Joseph Haigh who stated that the building has been secured and the property has been mowed and cleaned up. They would like to have the property inspected for compliance. On January 18, 2023, Code Officer Smith inspected the property, in compliance, the building had been secured. Leaving a fine balance of $7,325.00, plus a $50.00 administrative fee, totaling $7,375.00. On February 28, 2023, The Law Office of Fee, Yates & Fee paid the Lien balance in full in the amount of $7,375.00 by check #14456, Receipt#49780. Release of Lien prepared for the mayor's signature. On March 1, 2023, Release of Lien recorded at the Okeechobee County Clerk of Court OR File #22023002458, Page(s): 1. A copy of the recorded ROL was hand delivered to Fee, Yates & Fee. The city recommends no action on this matter, but requests it be noted for the recorded that the property came into compliance on January 18, 2023, with a fine balance of$7,375.00 including the $50.00 administrative fee. The lien was paid in full on February 28, 2023 and the Release of Lien was recorded on March 1, 2023. RA-okay I will ask the city attorney is there anything you would like to add on behalf of the city Mr. Hyden GH-oh yes, thank you, I see that there again that there are photographs in the file I just want to verify that you Officer Smith did take all those photographs. AS-yes, that is correct GH-so you both personally inspected the property and have photographs to verify what you attested to. AS-yes, that is correct. GH-and you were able to verify that the fines accrued during the time period have been paid AS-that is correct GH-nothing further, thank you RA-thank you sir, so I will make a finding in this case that the respondent was previously found in violation, and they did come into compliance, and they did pay their fines, so I will follow the City of Okeechobee recommendation in this case. In the case of the City of Okeechobee vs. Glenn Frank Prescott, Case #210125007 I will follow the city's recommendation in this matter that no further action be taken, but will note for the record that the respondents were in previous violation but did come in compliance on January 18, 2023, and they did pay the lien in full it will be noted for the record that they were previously in violation until they came into compliance on January 18, 2023. Anything else Mr. Smith AS-no sir RA-okay next case Page 3 of 6 V. COMPLIED CASES CONTINUED 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 4). AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass, weeds, shrubs, and trees in need of being cut. The respondent is not a repeat violator. The city communicated with the respondent on the below occasions. On February 14, 2023, Case presented to the Special Magistrate, found in violation of Chapter 30, Section 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, 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 14, 2023, the Lien/Order was prepared and signed by the Special Magistrate. On February 15, 2023, the Lien/Order was mailed via USPS certified return receipt and was received by CV-19 on February 23, 2023. On March 6, 2023, Code Officer Curl received a call from the property owners' friend who stated that they will be working on the property today to bring the property into compliance. I advised her that the property has been in violation since December and that we will be doing an inspection tomorrow morning and if the property is not in compliance, we will be recording the lien and a daily fine will be assessed until the property is in compliance. On March 7, 2023, Code Officer Smith inspected the property: non-complaint, spoke to the guy cleaning up the property, he realized that he bitten off more than he can chew and asked if we could give him few days to bring the property into compliance. I advised him he had till Monday the 13th.Progress has been made, photos in file. On March 14, 2023, Code Officer Smith inspected the property, still non- compliant, photos in file. On March 14, 2023, the Lien/Order was recorded at the Okeechobee County Clerk of Court, Official Records File #2023003013, Page(s): 1. On March 15, 2023, Recorded Lien/Order mailed via USPS certified return receipt to the business office address and was received on March 22, 2023, signature not legible. On March 23, 2023, Lien/Order amended to correct a scrivener's error, the address was corrected from 300 to 307 SW 3rd St. On March 23, 2023, the Amended Lien/Order was recorded at the Okeechobee Clerk of Court, Official Records File#2023003554, Page(s): 1. On March 25, 2023, Amended Lien/Order was mailed via USPS certified return receipt. On March 28, 2023, Code Officer Smith inspected the property, in compliance, all the overgrown vegetation was cut and removed from the property. Photos in file, case closed. Leaving a fine balance of$650.00 plus a $50.00 administrative fee, totaling $700.00. Compliance Letter with fine total mailed via USPS certified return receipt. The city recommends no action on this matter, but requests it be noted for the record that the property came into compliance on March 28, 2023, leaving a fine balance of $700.00 including the $50.00 administrative fee. RA-okay I will ask the city attorney is there anything you would like to add on behalf of the city Mr. Hyden GH-I see that there again that there are photographs in the file I just want to verify Code Officer Smith who took all the photographs. AS-I did GH-so you were able to verify both in person and by photographs that there were violations at some point, and the property has now come into full compliance. The only thing that is remaining is their payment of the fines that accrued, correct? AS-yes that is correct GH-nothing further, thank you. RA-okay thank you sir, I will make a finding in the case of the City of Okeechobee vs. Capital C Inc, Case #230111008 I will make a finding based on the testimony and the exhibits presented at this hearing by the certified Code Enforcement Officer that the respondents did come into compliance on this matter, and upon examination of the exhibits and testimony of the certified code enforcement officer and I will follow the recommendation of the city in this case that even though the respondents did come into compliance we will note for the record that they were in violation before coming into compliance on March 28, 2023 leaving a fine balance of $700.00 including the $50.00 administrative fee and hopefully they will make arrangements to pay this balance soon. Anything else on this matter Mr. Smith Page 4 of 6 V. COMPLIED CASES CONTINUED D. Case No. 230111008; CONTINUED: AS-no sir RA-okay next case VI. NEW CASES A. Case No. 230224012; Patsy J. Black, do Kyle Black 1301 Southeast 8th Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30- 44 General cleaning and beautification (Exhibit 5). AS-violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having an untagged/inoperable car in the driveway, overgrown weeds, grass, bushes, or shrubs and a dilapidated/unsafe structure on the rear of the home in need of being removed or repaired. The respondent is not a repeat violator. The respondent was first notified on November 30, 2022, via Courtesy Card. The city communicated with the respondent on the below occasions. On December 12, 2022. Mr. Jesse Black, the property owner's son, contacted our office and stated that his mother passed away in June and the home has been in probate since her passing and that once the property is in his name, he would make sure everything is taken care of. On January 18, 2023, Code Officer Smith inspected the property, non-compliant. On January 21, 2023, Code Officer Curl sent an email to Mr. Black to follow up on the status of the probate and to advise that we need to see some progress being made to bring the property into compliance. Mr. Black advised that the vehicle has been registered and that the paperwork has been filed with the bank to get the funds released so that the yard can be cleaned, and the back porch removed. On January 24, 2023, Code Officers Smith and Curl inspected the property: still non-compliant, however progress has been made by registering the vehicle. The yard and back porch remain non-compliant. On February 21. 2023, Code officer Smith inspected the property: still non-compliant, overgrown vegetation and patio still in need of repair or removal. Photos in file. On February 24, 2023, Property ownership updated on property appraiser to Patsy J. Black (Estate) do Kyle Black, Grandson, mailing address: 1011 NE 6th PL, Cape Coral, FL. 33909. On February 24, 2023, SOV/NOH, photos, and city ordinances were mailed via USPS certified return receipt for the April 11 th Hearing and received by Jessica Starnes on March 3, 2023. On March 25, 2023, Code Officer Curl inspected the property, still non- compliant, however progress has been made. The structure on the rear of the home has been removed, but the debris remains piled on the side of the home and the overgrown grass, weeds, bushes, or shrubs remain. Photos in file. On April 4, 2023, Code Officer Smith inspected the property, still non-compliant. To comply with City Ordinances, remove the debris from the removal of the back patio and cut all the 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 April 11, 2023, unless the property owner brings the property into compliance on or before that date, plus $50.00 administrative fee. RA-okay I will ask the city attorney is there anything you would like to add on behalf of the city Mr. Hyden GH-yes, Code Officer Smith I see that there are photographs in the file I just want to confirm you are the one who took the photographs. AS-yes, I did, and Code Officer Curl did GH-and both of you were in contact with the deceased's child AS-that is correct. GH-and you were able to verify as it appears in the file of when the letters of administration were issued therefore of when the property would have been conveyed to the heir, correct. AS-that is correct GH-and is the proposed fine that the city is recommending consistent with the city's fine schedule AS-that is also correct GH-I have nothing further, thank you. RA-thank you sir, I have a quick question on the recommendation it says the magistrate hearing on March 14, 2023. AS-I'm sorry that should be today's date, April 11, 2023 Page 5 of 6 VI. NEW CASES CONTINUED A. Case No. 230224012; CONTINUED: RA-a few questions Mr. Smith, I see that they were initially violated for an untagged vehicle, I see a picture here of a blue Mercedes that was without a tag, I'm sorry a blue BMW, then it was eventually tagged AS-that is correct RA-so they did come into compliance with that part AS-yes, they did do that part RA-is looks like they are still in violation pertaining to it looks like a destroyed patio or something AS-yes RA-then they removed that AS-yes, but they piled the debris on the side of the house RA-so it looks like some progress is being made AS-yes, that is correct RA-okay, I will make a finding in the case of the City of Okeechobee vs. Patsy J. Black (Estate), do Kyle Black, Case #230224012 based on the testimony and the exhibits presented by the certified Code Enforcement Officer Anthony Smith, the respondents in this case were cited for being in violation of Chapter 30, Sections 30-41 Disabled vehicle for having an untagged/inoperable vehicle in the driveway, 30-43 Public nuisances , 30-44 General cleaning and beautification for having overgrown weeds, grass, bushes or shrubs and a dilapidated/unsafe structure on the rear of the home in need of removal or repair and after reviewing the exhibits in this case and having heard the testimony of the certified code enforcement officer, I will make a finding that even though the respondent in this case has made some substantial progress to coming into compliance with the violations by the vehicle being tagged and the building being removed from the back but they still have some things to do to bring the property into compliance the respondent has made some progress to show that they have been made aware of the violations and have been given the opportunity to be here today, so having them informed of this hearing and not being here to state their side of these violations so I will find that the city's recommendation is reasonable and I will following the city's recommendation of a fine of $50.00 per day to begin 21 days after the date of this hearing on April 11, 2023, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. Anything else on this matter, Mr. Smith. AS-no sir RA-Mrs. Curl CC-no sir RA-okay if nothing else that is what we will do. VII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:33 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 6 of 6