2023-04-11 V. A. Exhibit 1 Exhibit 1
V.A. Exhibit #1
Case #230111007
Paul and Charlene Haynes
Exhibit 1
Code Enforcement Hearing April 11 , 2023
Case Number, Name and Address:
Case#230111007, Paul & Charlene Haynes, 800 SW 11th Ave.
Code Section Violated Description of Violation
Chapter 30, Section 30-41 Disabled vehicles Untagged/inoperable vehicle in the rear of the 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 Case presented to the Special Magistrate, found in violation of Chapter 30,
14, 2023 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 Lien/Order mailed via USPS certified return receipt. Returned March 29, 2023
15, 2023 unclaimed
March 7, Posted the property with signed Lien/Order.
2023
March 13, Code Officer Smith received a call from Charlene Haynes who stated that she
2023 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 would 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 property is in compliance.
March 16, Code Officer Smith inspected the property: in compliance, disabled vehicle
2023 removed from the property. Photo in file. Case Closed.
March 20, Compliance Letter mailed out via 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 March 16, 2023, no lien/order was recorded, no fine accrued.
Chronology attached
Page 1 of 1
Exhibit 1
Case #230111007; Paul & Charlene Haynes
Date Event/Document
December 10, 2022 Property Owner- Paul & Charlene Haynes
Property Address- 800 SW 11th Ave. Okeechobee
Mailing Address- 800 SW 11'h Ave Okeechobee, FL 34974
Code Officer Smith observed the violation of CH 30 Sec. 30-41 Disabled vehicles:
untagged/inoperable vehicle in the rear of the property. Photo in file.
December 15, 2022 Courtesy Card, copy of the ordinance, and photos mailed via regular mail, given 14-days
to correct violations
January 7, 2023 Code Officer Smith inspected the property: still non-compliant, the disabled vehicle remains.
Photo in file.
January 12, 2023 SOV/NOH and photos mailed via USPS certified return receipt for the February 14th Hearing.
Returned unclaimed, unable to forward on March 3, 2023.
January 18, 2023 Code Officer Curl received a call from Charlene Haynes who stated that the vehicle does run,
is tagged and the owner is supposed to come remove it off her property. She was advised that
the vehicle would need to be removed before the hearing date to be in compliance.
January 26, 2023 Code Officer Smith inspected the property: still non-compliant, photos in file.
February 6, 2023 Code Officer Smith inspected the property: still non-compliant, 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. Returned, unclaimed, unable to forward
on March 29, 2023.
March 7, 2023 Code Officer Smith inspected the property: still non-compliant, photo in file. Posted the
property with signed Lien/Order.
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 would 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
property is in compliance.
Page 1 of 2
Exhibit 1
Case #230111007; Paul & Charlene Haynes
Date Event/Document
March 16, 2023 Code Officer Smith inspected the property: in compliance, disabled vehicle removed from the
property. Photo in file. Case Closed.
March 20, 2023 Compliance Letter mailed out via regular mail.
Page 2 of 2
Exhibit 1
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Okeechobee County Property Appraiser Mickey L.Bandi,CFA 1 Okeechobee,Florida 1 863-763-4422
PARCEL: 3-21-37-35-0170-00150-0190(35073) 1 SINGLE FAMILY(0100)1 0.688AC NOTES:
SOUTHWEST ADDITION TO OKEECHOBEE(PLAT BOOK 2 PAGE 7)SOUTH 50.50 FEET OF LOTS 16 TO 20 BLOCK
15 8 THAT PART OF EAST 250 FEET OF FIRST ST NOW ABANDO
HAYNES PAUL 2022 Certified Values 7. „
Owner:HAYNES CHARLENE Mkt Lnd $29,910 Appraised $170,954 , _ 1,
800 SW 11TH AVE Ag Lnd $0 Assessed $126,507 .
OKEECHOBEE,FL34974 Bldg $140,185 Exempt $126,507 r.,'
Site: 800 SW 11TH AVE OKEECHOBEE XFOB $859 county:$0
Sales 3/12/2001 $90,300 1(0)
11/2212000 SO I(U) Just $170,954 Total clty:$0
Info 1/1/1985 $0 I(U) Taxable other:$0 Okeechobee County,y.FL
This information„was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment.This information
should not be relied upon by anyone as a determination of the ownership of property or market value.No warranties,expressed or implied,are provided for the accuracy of the data herein,it's
use,or it's Interpretation.Although it is periodically updated,this information may not reflect the data currently on file in the Property Appraisers office. GrizzlyLogic.com
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Exhibit 1
''`,r`` CITY OF OKEECHOBEE CODE ENFORCEMENT
�4
4, .; FEBRUARY 14, 2023, SPECIAL MAGISTRATE HEARING
''° OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on
Tuesday, February 14, 2023, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd
Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate
Azcona.
II. ATTENDANCE
Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger Azcona, Esquire, and
Code Enforcement Officer Anthony Smith were present, and City Attorney Greg Hyden attended via
Zoom.
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 dispensed with the reading and approved the January 10, 2023,
Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an
Oath to: Code Officers Smith and Curl; all affirmed. Code Officers Smith, and 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
A. Case No.220812010;Orion of America LLC., 1004 Northwest 6th Street[Legal Description: East
half of Lot 15 and all of Lot 16 of Block 17, NORTHWEST ADDITION TO OKEECHOBEE, Plat
Book 1, Page 25, Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of Code of Ordinances
Chapter 30, Sections, 30-43 Public nuisances, 30-44 General cleaning and beautification and
International Property Maintenance Code(IPMC)Chapter 3, Section 304.1.1 Unsafe conditions
on September 13, 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 October 4, 2022. The property was brought into compliance on November 7,
2022. Orion of America LLC submitted a request for a fine reduction on January 25, 2023. The
City recommends a fine reduction of 60 percent, plus a$50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by 60
percent,plus a$50.00 administrative fee,all to be paid within 30-days.
VI. COMPLIED CASES
A. Case No.221220010; Home Discounters LLC, 1008 Southwest 2nd Street[Legal Description Lot
17 and East half of Lot 16 of Block 4, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book
2, Page 7, 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,Sections 30-43
Public nuisances, 30-44 General cleaning and beautification.
B. Case No.230111009;Darlene Marshall,1005 Southwest 3rd Street[Legal Description:Lots 5 and
6 of Block 8, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book 2, Page 7, 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. 221221016; 130 Palm Beach Properties do Betty Khan, Northwest 11th Street[Legal
Description: Lots 7,8,9, 10,and 11 of Block 30,CITY OF OKEECHOBEE, Plat Book 1, Page 10
and Plat Book 5, Page 5,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 a vacant lot
having overgrown vegetation 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 November
22,2022.The property was inspected and found to be non-compliant on December 21, 2022.
February 14,2023,Special Magistrate Hearing,Page 1 of 3
93
VII. NEW CASES CONTINUED
A. Case No.221221016,CONTINUED:A Statement of Violation/Notice of Hearing(SOV/NOH)was
mailed via USPS certified return receipt on December 21, 2022. The City has not received the
SOV/NOH nor the receipt signature card as of the date of this Hearing. The property was
inspected and found to be non-compliant on January 17, 2023. A Notice to Appear was posted
on the property and the public notices board at City Hall on January 26, 2023. The property was
inspected and found to be non-compliant on February 6, 2023. To comply with City Ordinances
the property owner needs to remove all overgrown vegetation from the property. The City
recommends a fine of$50.00 per day, to begin 21-days after the Special Magistrate Hearing on
February 14, 2023, unless the property owner brings the property into compliance on or before
that date, plus a$50.00 administrative fee.
Based on the evidence provided,Special Magistrate Azcona found Case No.221221016 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.230111006;James K. and Pamela G. Davis, Southwest 2nd Avenue[Legal Description:
Lot 3 of Block 5, ROYAL OAK ADDITION, Plat Book 1, Page 8, Okeechobee County public
records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30,
Section 30-41 Disabled vehicles, for having multiple disabled vehicles on the property. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on
November 17,2022.The property was inspected and found to be non-compliant on December 6,
2022 and January 7, 2023.A SOV/NOH was mailed via USPS certified return receipt on January
12,2023.The notice was received by Jim Davis on January 17,2023.The property was inspected
and found to be non-compliant on January 26, 2023 and February 7, 2023. To comply with City
Ordinances the property owner needs to remove the multiple disabled vehicles from the property.
The City recommends a fine of$50.00 per day to begin 21-days after the Special Magistrate
Hearing on February 14,2023, unless the property owner brings the property into compliance on
or before that date, plus a$50.00 administrative fee.
Based on the evidence provided,Special Magistrate Azcona found Case No.230111006 to be
in violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles 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.
C. Case No.230111007;Paul and Charlene Haynes,800 Southwest 11th Avenue[Legal Description:
South 50.50-feet of Lots 16 to 20 of Block 15 and that part of East 250-feet of First Street now
abandoned and closed lying West of Hillsborough Avenue, and North 12-feet of Lots 19 and 20
of Block 15, 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,
Section 30-41 Disabled vehicles,for having an untagged/iroperable vehicle on the property. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on
December 15, 2022. The property was inspected and found to be non-compliant on January 7,
2023. A SOV/NOH was mailed via USPS certified return receipt on January 12, 2023. 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 January 26, 2023 and February 6,
2023. To comply with City Ordinances the property owner needs to remove the disabled vehicle
from the property. The City recommends a fine of $50.00 per day to begin 21-days after the
Special Magistrate Hearing on February 14, 2023, unless the property owner brings the property
into compliance on or before that date, plus a$50.00 administrative fee.
Based on the evidence provided,Special Magistrate Azcona found Case No.230111007 to be
in violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles, 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.
D. Case No. 230111008; Capital C Inc., 307 Southwest 3rd Street[Legal Description: Lots 3 and 4
of Block 182, CITY OF OKEECHOBEE, Plat Book 1, Page 10 and Plat Book 5, Page 5,
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 cleanings and beautification for a vacant lot
having overgrown vegetation all over the property. The respondent is not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on December 15, 2022.
February 14,2023,Special Magistrate Hearing,Page 2 of 3
Exhibit 1
94
VII. NEW CASES CONTINUED
D. Case No.230111008, CONTINUED:The property was inspected and found to be non-compliant
on January 10, 2023. A SOV/NOH was mailed via USPS certified return receipt on January 12,
2023.The notice was received on January 17,2023.The property was inspected and found to be
non-compliant on January 26, 2023 and February 6, 2023. To comply with City Ordinances the
property owner needs to remove all the overgrown vegetation from the property. The City
recommends a fine of$50.00 per day,to begin 21-days after the Special Magistrate Hearing on
February 14, 2023, unless the property owner brings the property into compliance on or before
that date, plus a$50.00 administrative fee.
Based on the evidence provided,Special Magistrate Azcona found Case No.230111008 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.
VIII. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the He i ad' ed a
6:46 P.M.
R er Azcona, Specia istrate`
f�T,TEST:
i'4 tfix- Cam.
Criristina uri
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.
February 14,2023,Special Magistrate Hearing,Page 3 of 3
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.230111007
CITY OF OKEECHOBEE,PETITIONER
-vs-
Paul and Charlene Haynes,RESPONDENT
LIEN I 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: Paul and Charlene Haynes
Property Location: 800 Southwest 1101 Avenue,Okeechobee,FL.34974
Legal Description: South 50.50-feet of Lots 16 to 20 of Block 15 and that part of East 250-feet of First
Street now abandoned and closed lying West of Hillsborough Avenue, and North
12-feet of Lots 19 and 20 of Block 15, SOUTHWEST ADDITION TO
OKEECHOBEE,Plat Book 2,Page 7,public records of Okeechobee County,Florida
Parcel: 3-21-37-35-0170-00150-0190(35073)
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 Untagged/inoperable vehicle 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 800 Southwest 11 m
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.
Cif Okee h
Code meftYSpeci 9Ist to
Roger Azco squire
ATTEST: 0/{Akt/
eiV\AA*ki-I(VAJ
Christina Curl,Recording Secretary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrurOent was acknowledged before me this/ day of �� ' Vim2 ,2002J,by Roger Azcona and Christina
Curl by means of 1ysical presence or D online notarization,who produced a .dentification or
is personally known to me and who did take an oath.
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City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
March 20, 2023
Paul & Charlene Haynes
800 SW 11th St.
Okeechobee, FL. 34974
Re:800 SW 11t' St, Okeechobee, FL.
Case # 230111007
Dear Paul & Charlene Haynes:
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 vehicle 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,
4i 7 'hL
Anthony Smith
City of Okeechobee
Code Enforcement Officer
863-763-9795
asmith@cityofokeechobee.corn