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2023-06-13 Handwritten Minutes ��" "•- CITY OF OKEECHOBEE CODE ENFORCEMENT 41a .OF•oKFFcy d•z �ma JUNE 13, 2023 SPECIAL MAGISTRATE HEARING o• 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 =6 ��`, 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. I. CALL TO ORDER A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday June 13, 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 Present Absent Special Magistrate Roger Azcona, Esquire x City Attorney Greg Hyden x Police Administrative Lieutenant Bettye Taylor _x_ 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 May 9, 2023 Minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to Code Officers Smith, Curl, Mr. Ben Purvis, Mr. William Hair, and Mrs. Jennifer Hair. V. FINE REDUCTION REQUESTS CONTINUED A. Case No. 190411010; Kemp Properties of Okeechobee, 909 South Parrott Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 1). RA-was this the one that we continued from last time because there was something about it. AS-yes, you asked for a deferral to look at any other evidence that might be brought to your attention RA-okay AS-and I just want to know for the record that we have not received any other evidence for this case RA-okay, sounds good, so having heard no additional evidence from either side, I will reserve ruling, give me a couple more days from today to make a final determination on this case based on what has been provided. At this point I am going to close the evidence portion and I will make a determination based on what is on the record. I think you have already sent me the transcript on this one Mrs. Curl CC-yes sir RA-okay, I will review that and make a determination. There is nobody here from the Kemp Case correct. Oh, you are, okay come on up. You look familiar, did you testify here last time BP-yes sir RA-okay alright is there anything else you wanted to say Page 1 of 13 V. FINE REDUCTION REQUESTS CONTINUED A. Case No. 190411010; CONTINUED: BP-I do RA-okay, go ahead BP-you wanted me to gather medical records and bring them to y'all. RA-yes, I want to take everything into consideration, everything you think is relevant in this fine reduction BP-it has been an absolute nightmare, I had no clue that it is this hard trying to access someone else's medical records. RA-yes, HIPAA laws BP-so I hit a lot of roadblocks, Friday night I finally got the information from the Cleveland Clinic, I was able to get the ones from Okeechobee, but she was not in Okeechobee very much with her being diabetic and they couldn't deal with her dialysis and stuff. I still have not be able to get her records from Encompass, which is the company that every time she would have surgery or procedure done, they would send her to Encompass for rehab to get her healed up because of her diabetes RA-Go ahead and give it to Mr. Smith or Mrs. Curl and they will make a copy and send it to me BP-I am not sure how many lines are in there. There is 11 pages of encounters, so each encounter is a line, so every time she would go there is a line, so 11 or 12 pages of encounters, she was in the hospital a lot RA-okay sounds good and I will take it into consideration, we will make a copy for the city attorney also, and I will take it into consideration, before I make my decision including what you testified too and provided at the last hearing. Is there anything you would like to add BP-I don't know if there is anything else I could add except for the best of my understanding when Fred was still here as code enforcement in 2019, I thought we were good. I didn't get any paperwork from him, but I didn't know I needed any paperwork from him, I don't know what else I could add other than that RA-okay, sounds good I am going to ask the City Attorney Mr. Hyden do you have any additional questions for the witness. GH-I don't have questions for the witness as we discussed this the at the prior hearing RA-right GH-he was actually non-compliant significantly even after receiving notice again. However, the question or issue that we do have is that we are accepting medical records into the city's file as if there are going to be additional steps that that city needs to take because an official records request will allow someone to request to review this entire file and that could include medical records. So, I am a little apprehensive about the city accepting medical records for that reason. Because we could run into that situation where residents or anyone can make an official records request of any of our files and that could jeopardize how we would have to handle these medical records in that case. So, I am not sure if you have a different route you would like to take as I am a little concerned with accepting them into the record for that reason RA-okay, and it is your contingent Mr. Hyden that I would not be able to accept them and consider them as evidence unless they are accepted into the record for the city GH-I think you could accept testimony, if you opted to take testimony of those and I am not saying that you are precluded legally from accepting those medical records into the record I am stating that city would have a concern with those being part of the official record because of the protections that we would need to try to verify or we would need to put into place in case someone did an official record request we would not be disclosing someone's medical records. This isn't the same sort of situation as if a city employee HR record, this is a situation where someone is unfortunately deceased and we are accepting those records, I am afraid that we are going to have to put some type of structure in there to insure that we don't unlawfully ever disclose those if someone were ever to do an official records request of any or all of these files RA-okay I see what you are saying, can you look into that to see what options we have if I was to consider it or if you are objecting to the admissibility of the record GH-I have absolutely no objections to doing that, I feel like it isn't a legal issue for the witness, however it is a legal issue that the city has to look into to make sure we are taking whatever steps Page 2 of 13 V. FINE REDUCTION REQUESTS CONTINUED A. Case No. 190411010; CONTINUED: GH-we need to do to protect those medical records within state and federal laws if we are going to accept those into official files. RA-would you have an objection if I was just to exam them and keep them in a sealed envelope and just return them to the testifying witness today CC-it would have to become part of the record GH-we would as a temporary basis have an objection because if you are going to review it the city staff and council would also have to review it to see if we have any additional questions RA-okay I see GH-again this is where we get into how we treat medical records when they come in this way. So, I would ask the Magistrate to defer the ruling on this until we look into this. I want to make sure that whatever steps we take they are legally supported and don't put the witness who provided those records, the magistrate who may review those records or the city that may appertain those records in a difficult legal spot. I want to make sure whatever we do is supported by law RA-okay sounds good, let's do that then. Would 2-3 days to the end of the week be good for you or let me know Mr. Hyden GH-yes that is actually fine RA-okay sounds fine, okay thank you sir, anything in addition. BP-do I need to hold onto these, I don't know what I need to do RA-okay does he need to hold them Mr. Hyden GH-yes, my preference would be for him to just hold them RA-okay, just hold onto them at this time, we will just defer it at this time BP-so you will just call me RA-yes AS-do we have a number for him CC-did you write your number on this paper BP-yes RA-okay, what was your name again sir BP-Ben Purvis RA-okay, thank you Mr. Purvis. BP-thank you RA-Okay we got that case down we will defer it again, pending from hearing from the City Attorney Mr. Hyden regarding the use of certain records. Okay we will move onto the next case Mr. Smith VI. CONTINUED CASES A. Case No. 230324015; Debara Jean Lang and Laura Ann Harrison, 1004 Northwest 4th Street, Violation of Code of Ordinances Chapter 10, Sections 10-3 Limitation as to the number of animals, 10-8 Public nuisances, Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification, International Property Maintenance Code (IPMC) Chapter 3, Section 304.1.1 Unsafe conditions (Exhibit 2). AS-Violation of Chapter 10, Sections 10-3 Limitation as to the number of animals, 10-8 Public nuisance, Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, IPMC Chapter 3, Section 304.1.1 Unsafe conditions for having several chickens and a rooster roaming freely on the property making noise continuously, overgrown grass, weeds, bushes or shrubs, trash, yard debris or junk all over the property and the roof and structure in unsafe conditions. The respondent is not a repeat violator. The respondent was first notified on January 24, 2023, via Courtesy Card. On May 9, 2023 Case presented to the Special Magistrate and the case was deferred to the next Special Magistrate Hearing on June 13, 2023 to allow the property owner more time to come into compliance. On May 10, 2023 SOV/NOH mailed via USPS certified return receipt for the June 13th Hearing to the address of record and to Jennifer Hair. Received by Jennifer Hair on May 15, 2023. On June 1, 2023 Code Officer Curl received a call from Mr. William Hair; he stated that the yard has been mowed and cleaned up and that the asbestos survey was completed and received, and the application for demolition has been submitted. I asked him to email me a copy of the asbestos survey and the demolition application. On June 7, 2023 Code Officer Smith inspected the property: still non-compliant, overgrown Page 3 of 13 VI. CONTINUED CASES CONTINUED A. Case No. 230324015; CONTINUED: AS-vegetation was cut, trash and debris removed from the property, however the building remains unsecure. On June 9, 2023 Code Officer Curl verified with Ashley in the General Services Department that an application was received today for demolition, however it has not been approved. A copy of the permit application and asbestos summary placed in the file. To comply with City ordinances, the property owner needs to address the unsafe roof and structure either by making the necessary repairs or demolition, secure the residence. The City recommends a fine of$100.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on June 13, 2023, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. RA-okay sounds good. Mr. Hyden is there anything else you would like to add on behalf of the city sir GH-no we inquired about this file at the previous hearing, and it appears at this particular time what is pending is the actual demolition of the property and the owners have chosen not to remediate so we have no further questions, we have already gone through the foundation of the photographs and the city's fines and such RA-okay, it looks like we have somebody here for this case, are you Debara Jean Lang or Laura Ann Harrison? JH-no I am Jennifer RA-okay, what is your name sir WH-William Hair RA-okay Mr. Hair WH-we had a little mix up on the permit by looking at the website we had applied at the county and Mrs. Curl stated that I needed to apply with the city. So, I did, but if you look at the city's website it tells you that all insurances and workman's comp and licenses and all would be turned into the county then the city would then in turn look to the county for that information. So, when I applied for the permit, they said no that all of that has to go to the city but on the website, it says something totally different. RA-okay WH-so, I have applied for the permit RA-okay WH-as soon as I have the permit in hand the house will be demoed RA-how long do you think that will take WH-what to demo RA-yes WH-if I had the permit, what is today, Tuesday RA-yes WH-if I have the permit say Wednesday, by the following Monday the house will be demoed, it may not all be removed by then because I have to haul it to the land field RA-okay WH-but I can get it all removed, my problem right now is access into the property RA-yikes, you don't have access into the property WH-the city road department has come in and dug the culvert out on either side of it and has piled all the dirt into the driveway JH-all the dirt into the driveway RA-okay, its not so much of a dirt problem, it is the building problem right WH-I mean y'all are busting me, we just assumed the property and I get what y'all are doing with the beautification and all of that. Then the city comes along and digs out the culvert and leaves the dirt along the side of the road JH-I mean it is all piled in the yard and in the driveway RA-so you are saying you're not able to access the property JH-I mean we can with a truck, but I mean it is just the point of really why WH-it was just really shitty, I mean I can show you photos; this is the driveway you cannot get in RA-okay, I thought it was like a huge pile, but you mean this WH-no I mean this; you can see that they dug it all out and it was all left right there Page 4 of 13 VI. CONTINUED CASES CONTINUED A. Case No. 230324015; CONTINUED: JH-I mean we can get to the property RA-okay did you show it to him AS-when did you take these pictures WH-June 1st and today AS-okay lets got back, you can see that the driveway is open WH-that is one corner if you would let me get to the full driveway, there is one little edge because of the rain it is all washed out, so it is a little easier to access. I am not telling you that I can't get in. With a full-size pickup truck, I can get in there, but what I am saying is that it was just dug and left right there, and I know that's not your department AS-right, but first of all that is not my department. But I can testify to this that when I went out on the 7th, I did not see all of that and the driveway looked like it was clear. I haven't been back since the 7th JH-on which date AS-on June 7th WH-our pictures are time stamped for June 1st AS-I understand that and my pictures are stamped, oh hold on WH-and I get it and as soon as I can get the permit in hand, I'll get a machine JH-we want it gone WH-we want it gone; I have a machine waiting to move in AS-the pictures are stamped June 7th WH-you see that little pile of dirt in the corner of the driveway AS-right RA-but there is nothing preventing you from going on the driveway WH-no, but what I am saying it is the principal point that I understand what you are doing and then the city comes along and does this JH-and that is the only house that they did that too WH-everywhere else they dug the ditches they removed it completely RA-okay, but WH-I understand completely where you're at and as soon as I get permit in hand JH-that is all we are waiting on WH-is for the city to improve the permit RA-okay CC-your honor may I speak RA-yes go ahead CC-just for a note for the record on this if I had not followed up with the General Services Department, I would have not received a copy of the permit application or the asbestos survey because that was not brought to us like requested, also the permit has been approved. Jeff Newell told us today that it has been approved for demolition so it should be available for you to pick up tomorrow. WH-okay no one told us, and I asked when I applied for the permit I asked if I needed to bring it to you and they told me downstairs that they would let you know CC-okay I had requested and as well as the Magistrate for that to be brought to us WH-okay like I said I did ask her when I applied for it and she said there was no need for you to do it, we will let them know CC-okay WH-that is the only reason that I didn't CC-that was just applied for on June 9th WH-which I had applied through the county first not knowing that I had to apply through the city RA-okay, so assuming that is correct, and the permit is available will you be able to get it done WH-I will make a phone call tomorrow and if they give me the permit, I will have a machine here RA-okay so if got it tomorrow you would be able to take of this then WH-I will be able to have it done this weekend RA-okay so 21 days is plenty of time Page 5 of 13 VI. CONTINUED CASES CONTINUED A. Case No. 230324015; CONTINUED: WH-to have it demoed, the only thing I have to wait on is a 48 hour wait with no cuts and OUA for the city water and sewer to be located so I can abandon them first RA-okay so 21 days is plenty, right WH-should be RA-alright so it sounds like the obstacles have been removed I am going to ahead WH-and there is another thing that I will have to deal with, FPL will have to come in and disconnect the power, I forgot about that RA-okay WH-but I will call FPL immediately now that I have permit in hand so I can give them the demo permit number RA-okay what do you think Mr. Smith AS-I have never demoed a place so I couldn't give you a time frame on that WH-I will call FPL tomorrow if they give me the permit tomorrow, so I have a permit number to give FPL RA-okay I am going to ask the City Attorney Mr. Hyden do you have any input or suggestions or questions for the witness or for the court GH-it doesn't appear that there is any dispute that the permit has now been approved, it doesn't appear to be any dispute that the property owner is going to take rapid action to demolish the structure so it would seem to me that 21 days would be a sufficient amount of time. If there is an issue where the property owner is delayed with FPL cutting power or something like that, they could certainly reach out to Code Enforcement, but it seems to me that 21 days should be a sufficient amount of time for the property owner to demolish the structure with what the property owner has asserted this evening he appears to ready and raring to go to demolish the structure RA-okay sounds good, thank you Mr. Hyden. I am going to go ahead and follow the city's recommendation it sounds like you have enough days to get the structure demolished WH-I will get ahold of FPL as soon as I have the permit and I will let one of you guys know what FPL tells me RA-okay we have already continued this case and as of today it sounds like you are making substantial progress and there are no more hurtles as far as to finishing this. So, I will follow the city's recommendation in this case it will be a fine of $100.00 per day to begin 21 days after the date of this hearing on June 13, 2023 unless you bring it into compliance plus a $50.00 administrative fee but if you get it done in 21 days you should be fine. But as soon as you have it in compliance you have to let them know JH-okay WH-as soon as FPL tells me a date, I can let somebody know RA-okay, thank you Mr. Hair, glad to see you here. Okay next case VII. NEW CASES A. Case No. 230413010; John B. and Susan D. Furse, 1411 Southwest 3rd Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning beautification (Exhibit 3). AS-I want to advise the Magistrate that they came into compliance at the last minute so that is why we are going to continue to go along in order. Violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown grass, weeds, shrubs and bushes, privacy fence laying down in a section of the fence. The respondent is not a repeat violator. The respondent was first notified on March 29, 2023 via Courtesy Card. On April 13, 2023 Code Officer Smith inspected the property; still non-compliant, none of the violations have been corrected at this time. Photos in file. SOV/NOH, photos, and city ordinances mailed via USPS certified return receipt for the June 13th Hearing. Received by Susan Furse on April 17, 2023. On May 9, 2023 Code Officer Smith inspected the property; still non-compliant. On June 5, 2023 Mr. Beacham Furse called in and spoke with Code Officer Smith and he advised me that he addressed all the violations, and that the property was in compliance. Code Officer Smith advised him that he would be out to do an inspection to confirm the property was complying. On June 6, 2023 Code Officer Smith inspected the property: in compliance, all violations were addressed. Page 6 of 13 VII. NEW CASES CONTINUED A. Case No. 230413010; CONTINUED: Photos in file. Case Closed. On June 12, 2023 Compliance Letter mailed out via regular mail. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 30, Sections 30-43 Public nuisances and 30-44 General cleaning and beautification. RA-okay, I would like to ask the City Attorney is there anything you would like to add Mr. Hyden GH-no your honor RA-okay I am going to make a finding in this case, oh quick question Mr. Smith you took these photos and exhibits on behalf of the city AS-yes RA-okay and these are accurate representations at the time you took the photos AS-yes RA-okay, I will make a finding in the case of the City of Okeechobee vs. John B. and Susan D. Furse, Case #230413010 I will make a finding that based on the testimony and the exhibits presented by the certified Code Enforcement Officer of Okeechobee Mr. Smith that there is factual basis for the allegations in this case. I have examined the photos together with the officer's testimony there is sufficient factual basis for the allegations. I will find that the respondents in this case even though they were in violation from March 29, 2023 until they came into compliance on June 6, 2023 they were in violation beyond the courtesy time, what is that Mr. Smith 10 days? AS-it is 14 days RA-okay 14-day courtesy period. It does appear that they were properly notified they were served and given due process in this case so even though they did come into compliance it will be noted for the record even though the city ask that we take no further action in this matter it will be noted for the record that they were in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass, weeds, shrubs, and bushes and a section of privacy fence laying down in a section of the fence but they did come into compliance on June 6, 2023 and no further action will be taken in this matter. Okay next case Mr. Smith. B. Case No. 230419003; CTS Consulting, LLC, 899 Northeast 41st Way, Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations (Exhibit 4). AS-Violation of Chapter 50, Sections 50-36 Issuance of local business tax receipt, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax receipt (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $315.63. The respondent is not a repeat violator. The respondent was first notified on March 14, 2023 via Delinquency Letter. On March 29, 2023 Forward time expired, returned to sender forwarding address provided: 899 NE 41st Way, Okeechobee, FL. 34972. On March 30, 2023 Delinquent Letter mailed via USPS certified return receipt to the address provided. On April 19, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the BTR has not been paid. On April 19, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt for the June 13th Hearing. Received by Christian Sementelli on April 29, 2023. On May 23, 2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid. On June 7, 2023 Code Officer curl verified with India, the City's Finance Director that the BTR has not been paid or the account closed. To comply with City ordinances, the business owner needs to renew their Business Tax Receipt or provide a written notice to close the account. The City recommends a fine of$125.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on June 13, 2023, unless the business owner brings the business into compliance on or before that date, plus a $50.00 administrative fee. RA-okay the certified letters who accepted them Mr. Smith AS-a Christian Sementelli RA-okay sounds good, I would like to ask the city attorney, anything you would like to add on behalf of the city Mr. Hyden GH-just to very that the city did receive confirmation that the certified letter was received, correct AS-that is correct GH-and the fine that the city is recommending is consistent with the city's fine schedule Page 7 of 13 VII. NEW CASES CONTINUED B. Case No. 230419003; CONTINUED: AS-that is correct GH-and the attachments in the file, the documents, the renewal notices are true and correct copies of the originals AS-that is correct GH-I have nothing further RA-okay so based on the testimony and the exhibits presented the by the City of Okeechobee certified Code Enforcement Officer Mr. Smith, in the case of CTS Consulting LLC, Case #230419003; I will make a finding that the respondents were cited for violation of Chapter 50, Section 50-36 Issuance of local business tax and 50-43 Penalties for violation of local business tax regulations that the business did not renew their local business tax by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee, total amount due is $315.63. I will make a finding that the respondents are in violation, and I will follow the city's recommendation in this case that the business be fined $125.00 per day to begin 21 days after the date of this hearing on June 13, 2023 unless the business owner bring the business into compliance on before that date, plus a $50.00 administrative fee. Anything else Mr. Smith AS-no sir RA-okay next case. C. Case No. 230419004; Rucks Development, LLC, 1006 Southeast 10th Street, Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations (Exhibit 5). AS-Violation of Chapter 50, Sections 50-36 Issuance of local business tax receipt, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax receipt (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $315.63. The respondent is not a repeat violator. The respondent was first notified on March 14, 2023 via Delinquency Letter. On March 29, 2023 Forward time expired, returned to sender forwarding address provided: 899 NE 41st Way, Okeechobee, FL. 34972. On March 30, 2023 Delinquent Letter mailed via USPS certified return receipt to the address provided. Returned unable to forward on May 12, 2023. On April 19, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the BTR has not been paid. On April 19, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt for the June 13th Hearing. Received by Christian Sementelli on April 29, 2023. On May 23, 2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid. On June 7, 2023 Code Officer curl verified with India, the City's Finance Director that the BTR has not been paid or the account closed. To comply with City ordinances, the business owner needs to renew their Business Tax Receipt or provide a written notice to close the account. The City recommends a fine of $125.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on June 13, 2023, unless the business owner brings the business into compliance on or before that date, plus a $50.00 administrative fee. RA-I would like to ask the city attorney is there anything else you would like to add on behalf of the city Mr. Hyden GH-same questions to Code Officer Smith, the fine that the city is recommending is consistent with the city's fine schedule, correct AS-that is correct GH-and you did confirm that Christian Sementelli received the certified letter AS-that is correct GH-and the renewal notices and other exhibits in support of the city's position in this file are true and correct copies of the originals AS-that is also correct GH-I have nothing further RA-okay I will make a finding in the case of the City of Okeechobee v. Rucks Development LLC, Case#230419004 that the respondent in this case were cited for violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations Page 8 of 13 VII. NEW CASES CONTINUED C. Case No. 230419004; CONTINUED: RA-for not renewing their local business tax by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee, total amount due is $315.63. I will make a finding that the respondents in this case were properly served with a Notice of Violation and due process was served on Rucks Development LLC by the notice being received by someone who works for the business Christian Sementelli. So, I will make a finding that the respondents are in violation, and I will follow the city's recommendation in this case and fine a $125.00 per day to begin 21 days after the date of this hearing on June 13, 2023, unless the business owner brings the business into compliance on or before that date, plus a $50.00 administrative fee. Anything else Mr. Smith AS-no sir RA-okay next case. D. Case No. 230419006; Guideone Insurance Co., 1111 Ashworth Rd, W Des Moines, IA, Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations (Exhibit 6). AS-Violation of Chapter 50, Sections 50-36 Issuance of local business tax receipt, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax receipt (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $315.63. The respondent is not a repeat violator. The respondent was first notified on March 14, 2023 via Delinquency Letter. Received by V. Langford on March 28, 2023. On April 19, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the BTR has not been paid. On April 19, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the Agent of Record and the President of the Business for the June 13th Hearing. Received certified return receipt from the President of the Business back on April 28, 2023, no signature. Received certified return receipt back from the Agent of Record, signed by Sarah Blocker on April 26, 2023. On May 23, 2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid. On June 7, 2023 Code Officer curl verified with India, the City's Finance Director that the BTR has not been paid or the account closed. To comply with City ordinances, the business owner needs to renew their Business Tax Receipt or provide a written notice to close the account. The City recommends a fine of $125.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on June 13, 2023, unless the business owner brings the business into compliance on or before that date, plus a $50.00 administrative fee. RA-anything you would like to add on behalf of the city Mr. Hyden GH-same questions for Code Officer Smith is the fine that you are recommending consistent with the city's fine schedule, correct AS-that is correct GH-and you did confirm that the president of the business did receive the delinquent letter AS-that is correct GH-and the exhibits in the city's files are true and correct copies of the originals AS-that is correct also GH-I have nothing further for you sir RA-I will make a finding in this case of the City of Okeechobee v. Guideone Insurance Co, Case #230419006. I will make a finding that the respondents in this case were cited for the violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee, total amount due is $315.63. So, based on the exhibits presented by the City of Okeechobee and the testimony of the certified Code Enforcement Officer Mr. Smith I will make a finding that the respondents in this case were properly served and notified of the violation and the violation has continued to exist and the respondents are still in violation, and I will follow the City's recommendation of a fine of $125.00 per day to begin 21 days after the date of this hearing on June 13, 2023 unless the business owner brings the business into compliance on or before that date, plus a $50.00 administrative fee. Anything else on this one Mr. Smith Page 9 of 13 VII. NEW CASES CONTINUED D. Case No. 230419006; CONTINUED: AS-no sir RA-Mrs. Curl CC-no sir RA-okay, next case E. Case No. 230509012; Law Office of Rebecca Hamilton, 180 Northwest 3rd Avenue, Suite B., Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50- 43 Penalties for violation of local business tax regulations (Exhibit 7). AS-this is another case that came into compliance at the last minute. They were in violation of Chapter 50, Sections 50-36 Issuance of local business tax receipt, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax receipt(BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $315.63. The respondent is not a repeat violator. The respondent was first notified on March 14, 2023 via Delinquency Letter. That was hand delivered to the business and received by Yacquelin Valdez. On May 9, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the Business Tax Receipt had not been paid. On May 9, 2023 SOV/NOH and Delinquent Letter hand delivered to the business, received by Rebecca H. Boldt. On May 23, 2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid. On June 7, 2023 Code Officer Curl verified with India, the City's Finance Director that the BTR has been paid, Case Closed. On June 12, 2023 Compliance Letter mailed via USPS regular mail. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 50, Sections 50-36 Issuance of business tax and 50-43 Penalties for violation of local business tax regulations. RA-anything you would like to add on behalf of the city Mr. Hyden GH-no sir RA-I will make a finding in this case of the City of Okeechobee v. Law Office of Rebecca Hamilton, Case #230509012 that based on the testimony and the exhibits presented at this hearing by the certified Code Enforcement Officer Mr. Smith I will find the respondent in this case was cited for violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee, total amount due is $315.63. I will find the respondent in this case was properly notified and did respond and did take care of the violation. But I will find that they were in violation until they came into compliance on June 7, 2023 and the case was closed, however they were in violation from when they were first notified on March 21, 2023 until they came into compliance, so I will follow the city's recommendation that no action be taken but note for the recorded to have been in violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations. It will be noted with no further action at this time. Anything else on this one Mr. Smith AS-no sir RA-okay next case VIII. COMPLIED CASES A. Case No. 221119010; Okeechobee Commons, LTD, 402 Northwest 10th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 8). AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown weeds, grass, bushes or shrubs and several roofs in need of repair/maintenance. The respondent is not a repeat violator. The respondent was first notified on October 25, 2022 via Courtesy Card. On January 10, 2023 Case presented to the Special Magistrate and found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification. 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 Page 10 of 13 VIII. COMPLIED CASES CONTINUED A. Case No. 221119010; CONTINUED: into compliance, fine accrual will begin on January 31, 2023. On January 13, 2023 Lien/Order mailed via USPS certified return receipt to the business office and address of record. Received on February 1, 2023, signature unreadable. On January 30, 2023 Code Officer Curl received a call from Bill Barnhart Construction Manager with Sweetwater Restoration, Inc. stating that they temporarily dried in and tarped the roofs this weekend and expect to have the roofs repaired within the next two months. January 31, 2023 Code Officer Smith inspected the property; still non-compliant. On February 3, 2023 Code Officer Curl received an email from Annette Harmon, Property Manager who stated that the roofs have been dried in and tarped. I advised Ms. Harmon that we could give them a little more time and would extend the 21-days till February 14th before the lien/order will be recorded. On February 7 2023 Code Officer Curl received a call from Bill with Sweetwater Restoration inquiring about the extension that was given until February 14th and to see if an additional extension could be given. I advised him that once the Special Magistrate enters an order we are bound by that order as the property owner had plenty of time to respond to us before the case ever made it to the Magistrate but when we receive no response we have to move forward with the case. We gave them one 21-day extension, but we could not give them another and if the work is not completed by 14th that the lien/order would be recorded, and the fine accrual would begin. On February 15, 2023 Code Officer Smith inspected the property, still non-compliant, photos in file. Line/Order recorded Official Records File #2023001874 Page(s): 1. On February 15, 2023 Recorded Lien/Order mailed via USPS certified return receipt to the agent of record and business office address. Received by Annette Hartman on February 21, 2023. On May 9, 2023 Code Officer Smith & Curl inspected the property, found to be in compliance, photos in file. Fine total: $4150.00 plus $50.00 admin fee grand total of$4200.00. On May 15, 2023 Compliance Letter with fine total mailed via USPS certified return receipt to the address of record and the local business office. Received by local business office on May 22, 2023, signature not legible. Received by Dylan Griego on May 19, 2023. The City recommends that it be noted for the record that the property came into compliance on May 9, 2023, leaving a fine balance of $4,150.00, plus a $50.00 administrative fee, totaling $4,200.00. RA-anything you would like to add on behalf of the city Mr. Hyden GH-no sir RA-okay I will make a finding in this case of the City of Okeechobee v. Okeechobee Commons LTD, Case #221119010 that the respondent in this case was already fined, and fines accumulated, and they did come into compliance based on the testimony of the certified Code Enforcement Officer Mr. Smith and a balance of$4,200.00 is still owed by the respondents in this case. I will follow the city's recommendation that it be noted for the record that the property did come into compliance on May 9, 2023 leaving a fine balance of $4,150.00, plus a $50.00 administrative fee, totaling $4,200.00 that is still owed to the City of Okeechobee that had accumulated from the previous violations that I did find factual basis to support the allegations in this case. Anything thing else on this case Mr. Smith AS-no sir RA-okay next case B. Case No. 230421010; Goodbread's Okeechobee Lawn Tamer, 508 West North Park Street, Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50- 43 Penalties for violation of local business tax regulations (Exhibit 9). AS-violation of Chapter 50, Sections 50-36 Issuance of local business tax receipt, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $394.34. The respondent is not a repeat violator. The respondent was first notified on March 21, 2023 via Delinquent Letter, received by Joseph Rivera. On April 17, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the Business Tax Receipt has not been renewed. On April 21, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the business address and the business mailing address for the June 13th Hearing. On April 21, 2023 Received an email from Ashley, the City's BTR Specialist stating that the delinquent BTR was renewed on April 19, 2023. Case Closed. The Page 11 of 13 VIII. COMPLIED CASES CONTINUED B. Case No. 230421010; City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 50, Sections 50-36 Issuance of business tax and 50- 43 Penalties for violation of local business tax regulations. RA-anything else you would like to add on behalf of the city Mr. Hyden GH-no sir RA-okay I will make a finding in the case of the City of Okeechobee v. Goodbread's Okeechobee Lawn Tamer, Case #230421010. 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 was cited for violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee, total amount due$394.34. I will make a finding that the respondents were in violation beginning March 21, 2023 and the respondent in this case was properly served due process when the delinquent letter was received by a person by the name of Joseph Rivera and the violation was actually taken care of and the respondent did come into compliance on or about April 19, 2023 so even though they did come into compliance we will note for the record based on the city's recommendation that even though the respondents did come into compliance they were in violation for that period until they came into compliance. Anything else on this one Mr. Smith AS-no sir RA-okay next case C. Case No. 230418009; American Pressure Cleaning, LLC., 16840 Northwest 38th Avenue, Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50- 43 Penalties for violation of local business tax regulations (Exhibit 10). AS-violation of Chapter 50, Sections 50-36 Issuance of local business tax receipts, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $276.25. The respondent is not a repeat violator. The respondent was first notified on March 14, 2023 via Delinquent Letter, received by Renee Ginane on March 27, 2023. On April 18, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the Business Tax Receipt has not been renewed. On April 18, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the business address and the business mailing address for the June 13th Hearing. On April 21, 2023 Received an email from Ashley, the City's BTR Specialist stating that the delinquent BTR was renewed on April 19, 2023. Case Closed. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 50, Sections 50-36 Issuance of business tax and 50-43 Penalties for violation of local business tax regulations. RA-anything you would like to add on behalf of the city Mr. Hyden GH-no sir RA-I will make a finding in the case of the City of Okeechobee v. American Pressure Cleaning, LLC, Case #230418009 that based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith, the respondents were in violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations by not having renewed their local business tax by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee, total amount due $276.25. I will make a finding based on the testimony and the exhibits presented that the respondent was properly served in this case and was received by Renee Ginane and even though they did come into compliance I will follow the city's recommendation of no action on this matter and will note for the record that the respondent was in violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations until they came into compliance on April 21, 2023. Anything else on this case Mr. Smith AS-no sir RA-okay next case Page 12 of 13 VIII. COMPLIED CASES CONTINUED D. Case No. 230418011; Beeper Depot of Port St. Lucie, Inc., 405 South Parrott Avenue, Violation of Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations (Exhibit 11). AS-violation of Chapter 50, Sections 50-36 Issuance of local business tax receipts, 50-43 Penalties for violation of local business tax regulations for not renewing their local business tax (BTR) by October 1, 2022 and engaging in business without first having procured an active local BTR from the City of Okeechobee. Total amount due is $348.44. The respondent is not a repeat violator. The respondent was first notified on March 15, 2023 via Delinquent Letter. On April 15, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the Business Tax Receipt has not been renewed. On April 18, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the business address and the business mailing address for the June 13th Hearing. Received by the President/Vice President S. Bauer on April 24, 2023. On April 26, 2023 Code Officer Curl received a call from Mrs. Sandra Bauer who stated that she no longer owns the business and would like to know what needed to be done to close the account. I transferred the call to Ashley, the City's BTR Specialist for her to explain the steps that needed to be taken to close the account. Ashley advised Mrs. Bauer to mail a letter to us requesting to close the account and state who the new owners are. On April 28, 2023 Received the Cancellation Letter from Dennis and Sandra Bauer stating that they sold the business on March 10, 2022 to All Cellular and requested that license number 1670 be cancelled. Cancellation Letter emailed to Ashley, the City's BTR Specialist. Copy of Letter placed in the file. Case Closed. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 50, Sections 50-36 Issuance of business tax and 50-43 Penalties for violation of local business tax regulations. RA-anything you would like to add on behalf of the city Mr. Hyden GH-no sir RA-I will make a finding in the case of the City of Okeechobee v. Beeper Depot of Port. St. Lucie Inc., Case#230418011. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith the respondents in this case violated Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations because the respondents in this case failed to renew their local business tax by October 1, 2022 and for engaging in business without first having procured and active local BTR from the City of Okeechobee, total amount due $348.44. The respondents were in violation as of March 15, 2023 and a letter was sent that was received by S. Bauer on April 24, 2023. So, even though the respondents in this case did eventually come into compliance by closing the business and cancelling the license they were in violation up to that point. I will follow the city's recommendation of no action on this matter, but request it be noted for the record to have been in violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations until they came into compliance on April 28, 2023. Anything else on this case Mr. Smith AS-no sir RA-any further business on the behalf of the City of Okeechobee AS-no sir GH-no sir RA-okay thank you very much, we will adjourn this hearing. IX. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7:08 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 863-763-9795, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. Page 13 of 13