2023-05-09 VII. D. Exhibit 8 Freddie & Ruby Minton Exhibit 8
VII. D. Exhibit #8
Case #220222009
Freddie & Ruby Minton
Exhibit 8
Code Enforcement Hearing May 9, 2023
Case Number, Name and Address:
Case#220222009, Freddie & Ruby Minton, 302 NE 8th Ave.
Code Section Violated Description of Violation
Chapter 30, Section 30-41 Disabled vehicles Multiple unregistered/inoperable vehicles on the property
Photos:
See attached
Is respondent a Repeat Violator?
Yes
Summary:
• Respondent was first notified on February 22, 2022 via SOV/NOH, received by Ruby
Minton on February 26, 2022.
• The City communicated with the respondent on the below occasion(s).
Date of notice Type of notice Received Date
by received/returned
April 12, 2022 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 this Hearing, unless the
property owner brings the property into compliance before that
date, plus a $100.00 administrative fee.
May 3, 2022 Lien/Order recorded at the Okeechobee County Clerk of Court,
File#2022006136, Page(s):1
May 23, 2022 Code Officer Smith inspected the property: in compliance. Fine
total: $800.00 plus $100.00 Admin fee grand total: $900.00
August 9, 2022 Fine reduced 50%from $800.00 to$400.00 plus$100.00 Admin
fee totaling $500.00
April 5, 2023 Ms. Minton made the final payment in the amount of $50.00,
receipt#49782, fine balance paid in full.
April 10, 2023 Release of Lien recorded at the Okeechobee County Clerk of
Court. File#2023004261, Page(s): 1. Recorded ROL mailed via
regular mail.
City Recommendation:
The City recommends no action on this matter, but request it be noted for the record that the
fine balance was paid in full and the Release of Lien was recorded on April 10, 2023.
Chronology attached
Page 1 of 1
Exhibit 8
Case #220222009; Freddie & Ruby Minton
Date Event/Document
February 22, 2022 Property owner: Freddie & Ruby Minton
Address: 302 NE 8th Ave, Okeechobee, FL 34972
Code Officer Smith observed the violation of Chapter 30 Sec 30-41
Disabled vehicles: multiple unregistered/inoperable vehicles on the
property.
****REPEAT VIOLATOR****
February 22, 2022 SOV/NOH and photos mailed via USPS certified return receipt for the
April 12th Hearing. Given 30 days to correct violations. Received by Ruby
Minton on 2/26/22.
March 23, 2022 Code Officer Smith inspected the property: still non-compliant none of
the violations had been addressed. Photos in file.
April 5, 2022 Code Officer Smith inspected the property: still non-compliant none of
the violations had been addressed. Photos in file.
April 12, 2022 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 this Hearing, unless the property owner
brings the property into compliance before that date, plus a $100.00
administrative fee.
April 13, 2022 Lien/Order prepared for the Special Magistrate's signature. Email sent to
the Magistrate. Special Magistrate Azcona signed lien/order.
April 13, 2022 Lien/Order mailed via USPS certified return receipt. Received on April
18, 2022 signed by Ruby Minton
May 3, 2022 Code Officer Smith inspected the property, still non-compliant, photos in
file.
May 3, 2022 Lien/Order recorded at the Okeechobee County Clerk of Court, File
#2022006136, Page(s):1. Recorded Lien/Order mailed via USPS certified
return receipt. Returned unclaimed, unable to forward.
May 20, 2022 Ruby Minton came into the office and stated that the truck was removed
on May 19, 2022. Ms. Minton was advised that Code Officer Smith would
inspect the property on Monday and if the property is found to be in
compliance, she could then submit a request for a fine reduction, and it
would be scheduled for the next Hearing.
May 23, 2022 Code Officer Smith inspected the property: in compliance, removed the
disabled vehicle and registered the other. Photos in file.
Page 1 of 3
Exhibit 8
Case #220222009; Freddie & Ruby Minton
Date Event/Document
June 1, 2022 Compliance Letter and Fine Reduction Request form mailed via USPS
certified return receipt. Received by Ruby Minton on June 6, 2022.
June 6, 2022 Mrs. Minton called in and spoke to Code Officer Smith and asked how her
fine went up to $1,100.00. I Code Officer Smith explained that the fine
started on May 3, 2022 and ran up to May 23, 2022 and $100.00
administration fee. She claimed that she was told that the fine was 700.00
dollars a few days ago. She was advised that she should fill out the fine
reduction form and turn it in to get her scheduled for next hearing.
June 8, 2022 Ruby Minton came into the office and dropped off the Request for Fine
Reduction. Code Officer Curl advised her that she would receive notice in
the mail of when the reduction would be heard in front of the Special
Magistrate.
June 8, 2022 SOV/NOH mailed via USPS certified return receipt for the August 9'
Hearing. Received on June 13, 2022 signature not legible.
August 9, 2022 Case presented to the Special Magistrate for Fine Reduction
consideration. A fine reduction of 50% plus $100.00 administrative
fee approved. Total due is $500.00 to be paid at$50.00 per month on
the 5t' of each month until balance paid in full.
August 10, 2022 Fine reduction approval letter along with the fine reduction payment
agreement mailed via USPS certified return receipt. Received by Ruby
Minton on 8/11/22.
September 2, 2022 Ms. Minton made a payment in the amount of$75.00, receipt#49769
leaving a fine balance of$425.00.
October 4, 2022 Ms. Minton made a payment in the amount of$70.00, receipt#49771,
leaving a fine balance of$355.00.
November 7, 2022 Ms. Minton made a payment in the amount of$60.00, receipt#49773,
leaving a fine balance of$295.00.
December 5, 2022 Ms. Minton made a payment in the amount of$60.00, receipt#49775,
leaving a fine balance of$235.00.
January 3, 2023 Ms. Minton made a payment in the amount of$60.00, receipt#49776,
leaving a fine balance of$175.00.
February 2, 2023 Ms. Minton made a payment in the amount of$65.00, receipt#49778,
leaving a fine balance of$110.00.
March 3, 2023 Ms. Minton made a payment in the amount of$60.00, receipt#49781,
leaving a fine balance of$50.00.
Page 2 of 3
Exhibit 8
Case #220222009; Freddie & Ruby Minton
Date Event/Document
April 5, 2023 Ms. Minton made a payment in the amount of$50.00, receipt#49782,
fine balance paid in full.
April 5, 2023 Release of Lien prepared for the mayor's signature.
April 10, 2023 Recorded Release of Lien at the Okeechobee County Clerk of Court. File
#2023004261, Page(s): 1.
Recorded Release of Lien mailed via USPS regular mail to property
owner.
File given to City Hall
Page 3 of 3
Exhibit 8
79
CITY OF OKEECHOBEE CODE ENFORCEMENT
F AUGUST 9, 2022, SPECIAL MAGISTRATE HEARING
�'a''� OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order
on Tuesday,August 9,2022, 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
Assistant 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 July 12, 2022, Hearing Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively
administered an Oath to: Code Officers Smith, Curl, and Ms. Ruby Minton; all affirmed.
Code Officer Smith 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. 220222009; Freddie L. and Ruby L. Minton, 302 Northeast (NE) 8'h Avenue
(Ave) [Legal Description: Lot 17, RIVER RUN RESORT, Plat Book(PB) 6, Page (PG)
18, Okeechobee County(CO)public records].
Code Officer Smith testified that the property was found in violation of Code of
Ordinances Chapter 30, Sections 30-41 Disabled vehicles, on April 12, 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$100.00 administrative fee was imposed.The imposed fine began accrual on
May 3, 2022. The property was brought into compliance on May 23, 2022. Ms. Minton
submitted a request for fine reduction on June 8, 2022. The City recommends a fine
reduction of 50 percent, plus a$100.00 administrative fee.
Based on the evidence provided,Special Magistrate Azcona ruled to reduce the fine
by 50 percent and an additional $200.00, plus a $100.00 administrative fee. A
payment plan of$50.00 a month due on the 5th of each month was granted.
VI. COMPLIED CASES
A. Case No.220601006;Yolanda Maby Cuevas,704 Southwest(SW)6th Street(St)[Legal
Description:commencing at the NE corner of Block 191,OKEECHOBEE,according to the plat
thereof recorded in PB 5,PG 5,public records of Okeechobee CO,Florida(FL),thence run South
(S)along the East(E)Boundary Line(BL)of said Block 191 and the West(W)right-of-way(ROW)
line of SW 7th Ave(Okeechobee Ave)for a distance of 300.10-feet(ft)to a point on an extension
(POE)W of SW 6th St(3rd St);thence run W along said extension of SW 6th St for a distance of
200.00-ft for a point of beginning(POB);thence continue W along the North(N)BL of SW 6th St
a distance of 50.00-ft; thence run N parallel with the W ROW line of SW 7th Ave a distance of
76.17-ft;thence run E parallel with the N ROW line of SW 6th St a distance of 50.00-ft; thence
run S a distance of 76.17-ft to the POB lying in and comprising a part of the abandoned FL E
Coast Railroad (RR) ROW and S Curve St, and commencing at the NE corner of Block 191,
according to the plat thereof recorded in PB 5, PG 5,thence run S along the E BL of said Block
191 and the W ROW line of SW 7th Ave for a distance of 223.93-ft for POB; thence continue
South along said E BL of Block 191 and the W ROW line of SW 7th Ave for a distance of 76.17-
ft to a POE W of SW 6th St; thence run W along said extension of SW 6th St for a distance of
200.00-ft;thence run N parallel with the W ROW line of said SW 7th Ave for a distance of 76.17-
ft; thence run E for a distance of 200.00-ft to the POB. Lying in and comprising a part of the
abandoned FL E Coast RR ROW and N Curve St]. 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 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General
cleaning and beautification.
August 9,2022,Special Magistrate Hearing,Page 1 of 2
Exhibit 8
;p
VII. NEW CASES
A. Case No. 220601005; Grand Lake Investments Inc, NW 5th St[Legal Description: Lots
20,21, and W half of Lot 22 of Block 99, CITY OF OKEECHOBEE, PB 5, PG 5,
Okeechobee CO public records].
Code Officer Smith testified that the property is in violation of the Code of Ordinances
Chapter 30,Sections 30-43 Public nuisances,30-44 General cleaning and beautification
for a vacant lot with overgrown grass,and weeds.The respondent is not a repeat violator.
A Courtesy Card was mailed via USPS regular mail on May 11,2022.The property was
inspected and found to be non-compliant on May 31, 2022. A Statement of
Violation/Notice of Hearing was mailed via USPS certified return receipt on June 1,2022.
The notice was returned unclaimed/unable to forward on June 27, 2022. A Notice to
Appear was posted on the property and on the public notices board at City Hall on June
28,2022.The property was inspected and found to be non-compliant on June 28, 2022,
July 18, 2022, and August 2,2022. To comply with City Ordinances the property owner
needs to cut the overgrown grass and weeds.The City recommends a fine of$50.00 per
day, to begin 21-days after the Special Magistrate Hearing on August 9, 2022, 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.
220601005 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. DELINQUENT BUSINESS TAX RECEIPTS
A. Case No. 220630012; Rene Rimes, 105 SW 3rd Ave [Legal Description: Lots 4,5,6 of
Block 168, OKEECHOBEE, PB 5, PG 5, Okeechobee CO 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 50, Section 50-43 Delinquent Business Tax Receipt.
IX. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hey�ifig was
adjourned at 6:35 P.M.
Roger Azcona,Special Magistrate
Al EST:
Christina url
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.
August 9,2022,Special Magistrate Hearing,Page 2 of 2
Exhibit 8
t4_i
City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
August 10, 2022
Ruby Minton
302 NE 8th Ave.
Okeechobee, FL. 34972
Re: 302 NE 8th Ave., Okeechobee, FL.
Case No.: 220222009
Dear Property Owner:
This letter is to notify you that your request for a Fine Reduction was approved by the
Special Magistrate on August 9, 2022. The fine was reduced from $1,000.00 to $400.00
plus a $100.00 administrative fee. The total amount due is $500.00 including the $100.00
administrative fee.
Please remit payment to the City of Okeechobee, 50 SE 2nd Ave, Okeechobee, FL. 34974
within 30 days unless other arrangements have been made prior to the Hearing to avoid
any foreclosure proceedings being filed against the above-mentioned property. Once the
fine has been paid in full, a Release of Lien will be recorded to release the lien on the
property and close the case If you have any questions, please contact our office at
863-763-9795 to discuss this matter.
Sinc,rely,
Anthony Smith
City of Okeechobee
Code Enforcement Officer
(863) 763-9795
asmithcityofokeechobee.com
Enclosure: Fine payment agreement
Exhibit 8
�1r _
"'�'" City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
August 10, 2022
Ruby Minton
302 NE 8th Ave.
Okeechobee, FL. 34972
RE: 302 NE 8th Ave, Okeechobee, FL.
Case #: 220222009
Parcel Number: 3-15-37-35-021A-00000-0170 (34310)
By signing this I, Ruby L. Minton agree to make a $50.00 payment on the 5th of every
month until the lien balance of$500.00 is paid in full for Case No. 220222009.
If I miss a payment, I understand that the agreement will be null, and void and the
foreclosure process will begin, unless I contact the Code Enforcement office at(863) 763-
9795 or asmith(0)citvofokeechobee.corn to make other arrangements prior to the payment
due date.
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Prop rty o er name Da e
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Anthony Smith, Code Enforcement Officer Dat /
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The f regoing instrument was acknowledged before me this ay of ( 7)J7t ( , 20 ,
by t./ I(\y..v\ /,� Af by means of,hysical presence�j, or El online notarization, who
produced as identification or n 7 is personally known to me and who
did take an oath.
Signature of Notary: 1 �N4_
Notary Public State of Florida ► My Commission expires: I I/0 i e/ 2D25
4 , Christina Curl I
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Exhibit 8
PREPARED BY AND RETURN TO:
Official Records File#2023004261 Page(s):1
City of Okeechobee Jerald D Bryant
Code Enforcement Department Clerk of the Circuit Court a Comptroller
Okeechobee, FL Recorded 4/10/2023 11:54 AM
50 Southeast 2nd Avenue Fees:RECORDING$10.00
Okeechobee, Florida 34974
RELEASE OF LIEN
The City of Okeechobee ("City"), is the owner and holder of the Lien/Order recorded on May 3, 2022 in OR File
No.2022006136, Page(s) 1 of the Official Records of Okeechobee County, Florida, claiming a Lien against the
property described as follows:
City Case No: 220222009
Property Owner: Freddie L. and Ruby L. Minton
Site Address: 302 Northeast 8th Avenue, Okeechobee, FL. 34972
Legal Description: Lot 17, RIVER RUN RESORT, according to the plat thereof recorded in
Plat Book 6, Page 18, public records of Okeechobee County, Florida
Parcel ID No.: 3-15-37-35-021 A-00000-0170 (34310)
("Property"). The City hereby fully releases said Lien/Order against the Property and considers same to be
cancelled and discharged of record. While this Release of Lien is intended to release the aforementioned Property
from the Lien/Order fully and completely, it is not intended to release or embrace contractual rights.
City of Okeechobee
Dowling R. Watford, Jr. - ayor
Date
Sworn to (or affirmed) and subscribed before, by means of❑ physical presence or ❑ online notarization, me
this I . day of , 2023, by 'X'wlc,tktZ I,v(Li L . , who is El personally
known to me or ❑provided the following identification:
raowOyet STEPHANIE LANE GAMIOTEA Notary Public - State of Florida
Commission#GG 344249 NOTARY PUBLIC
Expires June 29,2023
SfrEOF0 Bonded Thru Budget NourySIMCes State of Florida at Large
My Commission Expires: