2023-07-11 Handwritten Minutes ',$0 pF�OkFFaI�� CITY OF OKEECHOBEE CODE ENFORCEMENT
1.
ikam JULY 11 , 2023 SPECIAL MAGISTRATE HEARING
;o -^; 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974
=_ ��••` 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 July 11, 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 John Fumero _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 June 13, 2023
Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an
Oath to Code Officers Smith, and Curl, and Mr. Ben Purvis.
V. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 1 9041 1 01 0; 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).
AS-case deferred from last Hearing. The City is requesting the Special Magistrate's Fine
Reduction ruling from the May 9th Hearing be noted for the record.
RA-okay let's talk about Kemp Properties the court has submitted an order confirming the city's
recommendation for the 60%. Do you have any objections to the order Mr. Fumero?
JF-I do not
RA-okay thank you sir, next case
VI. NEW CASES
A. Case No. 230524009; Angela D. Waldron, 114 Northwest 9th Street, Violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification (Exhibit 2).
AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for having overgrown weeds, grass, bushes, or shrubs, and trees all over the
property that are in need of being cut. The respondent is not a repeat violator. The respondent
was first notified on May 9, 2023 via Courtesy Card. On May 23, 2023 Code Officer Smith
Page 1 of 13
VI. NEW CASES CONTINUED
A. Case No. 230524009; CONTINUED: inspected the property, still non-compliant, none of the
violations have been addressed at this time. Photos in file. On May 24, 2023 SOV/NOH, photos,
and city ordinances mailed via USPS certified return receipt for the July 11th Hearing. The notice
was returned for the wrong address on June 28, 2023. On June 14, 2023 Code officer Smith
inspected the property; still non-compliant, none of the violations have been addressed. Photos
in the file. On June 22, 2023 Code Officer Smith posted SOV/NOH at City Hall and the property.
Photos in file. On June 28, 2023 SOV/NOH, photos, and city ordinances mailed via USPS certified
return receipt for the July 11th Hearing to the correct address. On July 5, 2023 Code Officer Smith
inspected the property, still non-compliant, none of the violations have been addressed at this
time. Photos in file. To comply with City ordinances, the property owner needs to cut all 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 July 11, 2023, unless the property owner brings the property 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. Fumero
JF-I do, so the corrected address that was sent on June 28th we received confirmation that is in
fact the correct address
AS-that is correct
JF-okay that's it
RA-okay I have a few quick questions. Mr. Smith you took the photos that was submitted together
as exhibits on behalf of the city
AS-yes, I did
RA-okay, these photos are accurate representation of the condition of the property on the dates
shown on those pictures
AS-yes, they are
RA-you are alleging here on your notes on June 22nd oh on June 28th that you sent the SOV/NOH,
photos, and city ordinances mailed via USPS certified return receipt for this July 11th Hearing
AS-yes sir
RA-did we get anything back on that one
AS-not quite yet, but we did also post the property the week before that on June 22, 2023
RA-okay, I am going to ask the City Attorney is it the city's position that the posting of the property
satisfies the notice requirement
JF-yes it sounds like we have exhausted all other means, then the posting should suffice. Again,
my understanding is that we sent certified mail to a new address, and we were able to confirm
that is a correct address that someone signed for is that correct
AS-no we have not received anything back yet saying it has been signed for yet
JF-okay so we don't know if it is the correct address
AS-okay
RA-okay Mr. Smith it is your testimony today that when you provided a Courtesy Card to the
respondent on May 9th was that in person or you just put a card in the mailbox
AS-we put a card in the mailbox, we never received that back
RA-okay, when you opened the mailbox did it look like there was any other mail in there
AS-we didn't deliver it we just sent it through the mail
RA-oh okay you just sent it in the mail
AS-yes
RA-so it wasn't like you handed to a person on the property
AS-no
RA-so it wasn't determined if someone lives there
AS-no one lives there
RA-okay
JF-so is there any indication that the property is occupied or does it look abandoned to you
Anthony
AS-it looks abandoned it looks like nobody lives there. Somebody did live there but they moved
out it has been over a long period of time now, and that is why the vegetation has grown up to a
point where you can barely see the property or see anything on the property
JF-alright, may I ask how you identified the different address, how did you find that
Page 2 of 13
VI. NEW CASES CONTINUED
A. Case No. 230524009; CONTINUED: AS-it was just a typo when I sent out the notice, I typed the
address wrong
JF-oh okay I gotcha
AS-so I corrected the address and sent it out again
JF-that is not the home address it is a different address
AS-it is a different address, yes sir
JF-okay, and how did you get that address
AS-from the property appraiser
JF-okay, thank you
RA-before I make a ruling Mr. Fumero do you want to make any argument on behalf of the city
before I make a ruling
JF-no, I have reviewed the back up and I think the staff has properly documented the violation
and you have asked him to authenticate the photos so for record purposes that should suffice
RA-okay, I will make a ruling in the case of the City of Okeechobee v. Angela D. Waldron, Case
#230524009; based on the testimony and the exhibits presented by the certified Code
Enforcement Officer Mr. Smith that there is a violation in this case the allegations in this case is
that they have violated Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for having overgrown weeds, grass, bushes or shrubs, and trees in need of being
cut, all over the property. I have examined the exhibits presented in this case and I see that there
is factual basis for the allegations. I see the pictures presented as exhibits, and it does look like
the shrubs and grass have not been maintained for several weeks. I can see that the grass is
almost two foot tall, so I will make a finding based on the allegations that the respondents are in
violation, and I will also make a finding that the respondent was properly noticed, it was posted at
City Hall and on the property so I will make a finding that the respondent was properly served
pursuant to the notice requirements. The city's recommendation in this case Mr. Smith
AS-$50.00 per day to begin 21-days after the Special Magistrate Hearing
RA-okay based on the city's recommendation and this court having found that the respondent is
in violation, I will follow the city's recommendation of a fine of $50.00 per day to begin 21 days
after the date of the Special Magistrate Hearing on July 11, 2023 unless the property owner brings
the property into compliance on or before that date plus a $50.00 administrative fee. So that is
what we will order. Anything else Mr. Smith
AS-no sir
RA-okay next case
B. Case No. 230526008; I Know Someone! LLC., 1728 Southwest 8th 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 3).
AS-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 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 $328.75. The respondent is not a repeat
violator. On March 14, 2023 Delinquent Letter mailed via USPS certified return receipt. The city
has not received the notice or the certified signature card back as of May 25, 2023. On April 19,
2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the BTR has not been
paid. On May 25, 2023 Code Officer Curl verified with Melissa, the City's Account Supervisor that
the BTR has not been paid. On May 26, 2023 SOV/NOH and Delinquent Letter mailed via USPS
certified return receipt to the Agent of Record and the business manager for the July 11th Hearing.
Received by David Packard on June 2, 2023. On July 5, 2023 Code Officer Curl verified with
Trish, the City's BTR Specialist that the business is still non-compliant. 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
July 11, 2023, unless the business owner brings the business into compliance on or before that
date, plus a $50.00 administrative fee.
Page 3 of 13
VI. NEW CASES CONTINUED
B. Case No. 230526008; CONTINUED: RA-anything you would like to add on behalf of the City Mr.
Fumero
JF-yes, I just want to confirm that the SOV/NOH we have a return receipt from the agent of record
for the LLC
AS-that is correct
JF-That is all I got
RA-okay I have some questions
JF-I'm sorry let me ask one more question and this just may be with my unfamiliarity with how you
handle past practice
RA-okay
JF-if there is a defunct business, in Florida there is probably a hundred thousand or more of
defunct LLC's that means it doesn't exist. When you assess a per day fine against a property, that
property is real that means you can touch it, it can't ride away and it has value, but when you are
assessing a per day penalty on a defunct corporation you are never going to recover it. If in fact
most people start an LLC, and the business doesn't work out and the walk away. Just keep in
mind that the collectability of this is close to zero. Does this business have a location
AS-it did
CC-it has a residential location
JF-that's what I thought, you can assess the daily fine, but it's not going to be collectable. If this
a defunct LLC, does it own anything, have we done a record search, does the LLC own property
or anything
AS-no we have not done a search for that
JF-I don't have an objection, you can do the daily assessment, just know that just like hundreds
of LLCs in Florida it probably doesn't own anything, and it is gone. Is this how you typically handle
the BTR's
AS-this is what we are requested to do, to bring it in front of the Special Magistrate, so that is what
we did
JF-okay
RA-okay anything else Mr. Fumero
JF-that will do it
RA-thank you sir, are the fines in this case are consistent with the city's fine schedule
AS-yes, it is
RA-I will make a finding in this case of the City of Okeechobee v. I Know Someone! LLC, Case
#230526008, based on the testimony of the certified Code Enforcement Officer Mr. Smith and the
exhibits presented at this hearing, I will make a finding that the respondents are in 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 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 $328.75. I meant to ask Mr. Smith do you have any evidence that
the business continued to conduct business within the City of Okeechobee
AS-no I do not
RA-in spite of that fact because they did not renew, I will make a finding that they didn't officially
tell the City of Okeechobee that the business is closed, and they failed to renew their business
license. I will follow the city's recommendation in this case of a fine of 125.00 per day to begin 21
days after the date of Special Magistrate Hearing on July 11, 2023, unless the business owner
brings the business into compliance on or before that date, plus a $50.00 administrative fee. I will
also make a finding that the SOV/NOH and delinquent letter was mailed to the business address
and was received by a Davis Packard on June 2, 2023. I will make a ruling that the notice was
satisfied, and the respondent is in violation and follow the city's recommendation. Okay next case.
Page 4 of 13
VII. REPEAT VIOLATORS
A. Case No. 230621009; Grand Lake Investments Inc., Northwest 5' 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 and Sec 30-44 General cleaning and
beautification for a vacant lot with overgrown grass/weeds in need of being cut. The respondent
is a repeat violator, previous Case # 220601005. On June 21, 2023 SOV/NOH, photos, and city
ordinances mailed via USPS certified return receipt for the July 11th Hearing. Received on June
26, 2023, no signature on card. On June 22, 2023 Code Officer Smith posted SOV/NOH at City
Hall and at the property. Photos in file. On July 5, 2023 Code Officer Smith inspected the property;
still non-compliant, violations have not been addressed at this time. Photos in file. To comply with
City ordinances, property owners need to cut all the overgrown vegetation on the property. The
City recommends a fine of $150.00 per day, to begin 21 days after the date of the Special
Magistrate Hearing on July 11, 2023. unless the property owner brings the property into
compliance on or before that date, plus a $100.00 administrative fee.
RA-anything you would like to add on behalf of the city Mr. Fumero
JF-Anthony this is a repeat violator what was the recommendation
AS-$150.00 per day
JF-and that is consistent with the new matrix that we have in the ordinance
AS-that is correct
JF-for repeat violators
AS-yes sir
JF-this a vacant lot
AS-yes sir
JF-okay that is all I have I'm sure the Magistrate will ask you to validate the photos
RA-thank you sir, the photos and exhibits attached to this file, you took this photos Mr. Smith
AS-that is correct
RA-and they accurately represent the property for the dates and times you took the photos as
shown in the pictures
AS-that is correct as well
RA-I will make a finding in this case of the City of Okeechobee v. Grand Lake Investments Inc.,
Case #230621009, that the respondent in this case is in violation of Chapter 30, Sections 30-43
Public nuisances, 30-44 General cleaning and beautification for a vacant lot having overgrown
grass/weeds in need of being cut. This finding is based on the fact that I have examined the
exhibits presented in this case and the testimony of the certified Code Enforcement Officer Mr.
Smith there is plenty of evidence for sufficient factual basis for the allegations in this case and I
will make the ruling that the respondent is in violation. The SOV/NOH was posted at City Hall and
the property and there was certified mail sent with a return that wasn't signed so I will make a
finding that the respondent was properly served. The city's recommendation in this case and
based on the fact that the respondent is a repeat violator I will follow the city's recommendation
of $150.00 per day fine to begin 21 days after the date of this hearing on July 11, 2023, unless
the property owner brings the property into compliance on or before that date, plus $100.00
administrative fee and that is what we will order. Thank you very much Mr. Smith anything else in
this case
AS-no sir
RA-okay next case
Page 5 of 13
VIII. COMPLIED CASES
A. Case No. 230515009; Alan P. Miller, 400 Southeast 7th Street, 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 two untagged/inoperable vehicles, overgrown
weeds, grass, bushes or shrubs, trash, yard debris or junk all over the property and the exterior
of the home is in need of being cleaned. The respondent is not a repeat violator. The respondent
was first notified on April 25, 2023 via Courtesy Card. On May 11, 2023 Code Officer Curl
inspected the property, still non-compliant. The two untagged/inoperable vehicles, the overgrown
vegetation, the trash, yard debris or junk still remain, and the exterior of the home is still in need
of being cleaned. Photos in the file. On May 15, 2023 SOV/NOH, photos, and city ordinances
mailed via USPS certified return receipt to the property owner and tenant for the July 11th Hearing.
The notice was received on May 19, 2023, signature not legible. On June 1, 2023 Code Officer
Curl inspected the property, still non-compliant. One untagged/inoperable vehicle, the overgrown
vegetation remains, and the exterior of the home is still in need of being cleaned. On June 26,
2023 Code Officer Smith inspected the property, in compliance. All the issues on the property
have been addressed. Case Closed. On June 27, 2023 Compliance Letter mailed out 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 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances
and 30-44 General cleaning and beautification.
RA-Mr. Fumero anything you would like to add on behalf of the city
JF-no sir
RA-Mr. Smith you took these photos
AS-myself and Code Officer Cur
RA-Mrs. Curl these photos represent the property at the time they were taken
CC-yes, they do
RA-I will make a finding that even though the respondents did come into compliance they were
initially cited for violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public
nuisances, 30-44 General cleaning and beautification for having two untagged/inoperable
vehicles, overgrown weeds, grass, bushes, or shrubs, trash, yard debris or junk all over the
property and the exterior of the home in need of being cleaned. Even though the respondent did
come into compliance and the case is closed it is the City's recommendation that it be noted for
the record, so I will note for the record that even though the respondent in this case did come into
compliance and the compliance letter was served to the respondents on June 27, 2023 that they
were in violation I will find that there is factual basis for the allegations based on my examination
and testimony of the certified code enforcement officer and the exhibits show that there is
overgrown grass and weeds on the property and it looks like there is a lot of junk and stuff that
hasn't been kept and there is also pictures that show the two untagged vehicles and sitting on the
property for an extended period so even though the respondents did come into compliance I will
note for the record that were in violation from April 25, 2023 when the Courtesy Card was provided
until they came into compliance on June 26, 2023. The City recommends no action on this matter
so that is what we will do but for purposes of the record we will note that they were in violation but
has come into compliance.
B. Case No. 230524012; Glenwood Park LLC. c/o Frank M. Stephens, 309 Northeast 4th Street,
Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification (Exhibit 6).
AS-violation of Chapter 30, Sections 30-43 Public nuisances and, 30-44 General cleaning and
beautification for having overgrown weeds, grass, bushes, or shrubs and trash, yard debris or
junk all over the property. The respondent is not a repeat violator. The respondent was first notified
on April 21, 2023 via Courtesy Card. On May 9, 2023 Code Officer Curl received a call from the
property owner Mitch Stephens, 919-201-9913 stating that the property had been cleaned up and
he asked if the vagrants that were staying in the tents on his property had been trespassed by
the PD and if the tents still remained on the property. I advised Mr. Stephens that we would be
inspecting the property today and I would call him back with an update after the inspection was
Page 6 of 13
VIII. COMPLIED CASES CONTINUED
B. Case No. 230524012; CONTINUED: completed. On May 9, 2023 Code Officers Curl and Smith
inspected the property and found the property to be non-compliant, there are several large,
downed trees that remain with overgrown vegetation and the tents and debris still remain. Code
Officer Curl spoke with Mr. Stephens and informed him that the property still remained non-
compliant and that the vagrants had been trespassed from the property on April 13, 2023,
however the tents remain on his property, and they will need to be removed. He asked if I could
send him an email with a list of things that need to be done to bring the property into compliance.
Email address is mitchstephensc gmail.com. Photos in the file. Code Officer Curl emailed Mr.
Stephens photos and a list of what needed to be done to bring the property into compliance. Email
in the file. On May 23, 2023 Code Officer Smith inspected the property; still non-compliant, photos
in the file. On May 24, 2023 SOV/NOH, photos, and city ordinances mailed via USPS certified
return receipt for the July 11th Hearing. The notice was received by Laurie Stephens on May 31,
2023. On June 14, 2023 Code Officer Smith inspected the property, in compliance, photos in file.
Case Closed. On June 15, 2023 Compliance Letter mailed out 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 30, Sections 30-43 Public nuisances and 30-44 General cleaning and
beautification.
RA-Mr. Fumero anything you would like to add on behalf of the city
JF-no sir
RA-Mr. Smith you took all these photos
AS-I did
RA-and they accurately represent the property on the date they were taken
AS-yes, they do
RA-I will make a ruling in this case of the City of Okeechobee v. Glenwood Park LLC c/o Frank
M. Stephens, Case #230524012 and the allegations in this case is that the respondent violated
Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for
having overgrown weeds, grass, bushes, or shrubs and trash, yard debris or junk all over the
property and based on the testimony of the certified Code Enforcement Officer Mr. Smith and the
exhibits presented this hearing, I will make a finding that there is sufficient factual basis for the
allegations and the respondent was properly notified and there was a returned receipt signed by
Laurie Stephens on May 31, 2023 and the property did come into compliance. It is the request of
the city that even though no action on this matter is request that it be noted for the record to have
been in violation of the code cited in this section, Chapter 30, Sections 30-43, 30-44, so we will
note for the record that they were in violation until they came into compliance.
C. Case No. 230524013; Glenwood Park LLC. c/o Frank M. Stephens, Northeast 4th Street, Violation
of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification (Exhibit 7).
AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for having overgrown weeds, grass, bushes, or shrubs and trash, yard debris or
junk all over the property. The respondent is not a repeat violator. The respondent was first notified
on April 21, 2023 via Courtesy Card. On May 9, 2023 Code Officer Curl received a call from the
property owner Mitch Stephens, 919-201-9913 stating that the property had been cleaned up and
he asked if the vagrants that were staying in the tents on his property had been trespassed by
the PD and if the tents still remained on the property. I advised Mr. Stephens that we would be
inspecting the property today and I would call him back with an update after the inspection was
completed. On May 9, 2023 Code Officers Curl and Smith inspected the property and found the
property to be non-compliant, there are several large, downed trees that remain with overgrown
vegetation. Code Officer Curl spoke with Mr. Stephens and informed him that the property still
remained non-compliant. He asked if I could send him an email with a list of things that need to
be done to bring the property into compliance. Email address is mitchstephens(c�gmail.com.
Photos in the file. Code Officer Curl emailed Mr. Stephens photos and a list of what needed to be
done to bring the property into compliance. Email in the file. On May 23, 2023 Code Officer Smith
inspected the property; still non-compliant, photos in the file. On May 24, 2023 SOV/NOH, photos,
and city ordinances mailed via USPS certified return receipt for the July 11th Hearing. The notice
Page 7 of 13
VIII. COMPLIED CASES CONTINUED
C. Case No. 230524013; CONTINUED: was received by Laurie Stephens on May 31, 2023. On June
14, 2023 Code Officer Smith inspected the property, in compliance, photos in file. Case Closed.
On June 15, 2023 Compliance Letter mailed out 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
30, Sections 30-43 Public nuisances and 30-44 General cleaning and beautification.
RA-Mr. Fumero anything you would like to add on behalf of the city
JF-no sir I have no questions of Mr. Smith
RA-you took all these photos
AS-I did
RA-and they accurately represent the property on the date they were taken
AS-yes, that is correct
RA-I will make a finding in the case of the City of Okeechobee v. Glenwood Park LLC c/o Frank
M. Stephens, Case #230524013; I will make a finding in this case that the respondent was cited
for violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for having overgrown weeds, grass, bushes, or shrubs and trash, yard debris or
junk all over the property and the respondent was first notified on April 21, 2023 via Courtesy
Card and there was a SOV/NOH provided to the respondent and it was received by Laurie
Stephens on May 31, 2023. Based on the testimony of the certified Code Enforcement Officer
and the exhibits presented in this hearing I will make a finding in this case that there is plenty of
factual basis presented by these exhibits for the allegations, the pictures show a lot of images of
shrubby and downed trees and supplies factual basis for the allegations in this case. I will make
a finding that the respondent was in violation and even though they did come into compliance on
June 14, 2023 after it was inspected by Code Officer Smith. I will make a finding for the purposes
of the record as requested by the city that no action on this matter, but we will note for the record
that they were in violation for purposes of the record from April 21, 2023 until they came into
compliance on June 14, 2023.
D. Case No. 230526010; Lexon Insurance Company, 11405 North Community House Road,
Charlotte, NC., 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 8).
AS-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 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 by Delinquent Letter mailed via
USPS certified return receipt. The letter was received on March 21, 2023, signature not legible.
On April 19, 2023 Code Officer Curl verified with Ashley, the City's BTR Specialist that the BTR
has not been paid. On May 25, 2023 Code Officer Curl verified with Melissa, the City's Account
Supervisor that the BTR has not been paid. On May 26, 2023 SOV/NOH and Delinquent Letter
mailed via USPS certified return receipt to the Agent of Record, the business address, and the
treasurer for the July 11th Hearing. The notice was received by Willis Clark on June 13, 2023. On
June 25, 2023 Letter to business address, returned. On June 27, 2023 Received email from Trish,
the City's BTR Specialist stating that they received payment. Case closed. On June 30, 2023
Compliance Letter mailed via USPS regular mail to the business and agent of record. 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 else you would like to add on behalf of the city Mr. Fumero
JF-are we talking about MarklV
AS-no Lexon Insurance
RA-that is exhibit 8 Mr. Smith
AS-yes
JF-yeah, I see, no questions
RA-I will make a finding in the case of the City of Okeechobee v. Lexon Insurance Company,
Case #230526010 the respondents were cited for the violation of Chapter 50, Sections 50-36
Page 8 of 13
VIII. COMPLIED CASES CONTINUED
D. Case No. 230526010; CONTINUED: Issuance of local business tax, 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 and active local BTR from the City
of Okeechobee, total amount due is $315.63. I will make a finding in the case that based on the
testimony of the certified Code Enforcement Officer and the exhibits presented in this hearing I
will make a finding that there is factual basis for the allegations and that the business was in
violation from October 1, 2022 when it was due and they were notified on March 14, 2023 and
they were in violation until June 27, 2023 until Code Enforcement was informed by the BTR
Specialist that they had received payment on June 27, 2023 so up until that date the respondent
was in violation and even though they did come into compliance on or about June 27, 2023 I will
follow the city's recommendation in this case that even though no further action be taken in this
matter we will note for the record that the respondent was in violation but did come into
compliance.
E. Case No. 230526011; MarklV Consultants, LLC., 608 Northeast 2nd 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 9).
AS-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 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. On March 23, 2023 Delinquent Letter mailed via USPS certified return receipt. The notice
was received by Cathy Johnson on March 27, 2023. On April 19, 2023 Code Officer Curl verified
with Ashley, the City's BTR Specialist that the BTR has not been paid. On May 25, 2023 Code
Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid.
On May 26, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the
Agent of Record, the Manager, and the business address for the July 11th Hearing. On June 9,
2023 Per Melissa the Detox of South FL is located at this address do not mail or deliver anything
to the local address. On June 21, 2023 Per India, the City's Finance Director this company is no
longer in business, close case. 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 this one Mr. Fumero
JF-I just want to understand what the difference is between this case MarklV Consultants and I
Know Someone! LLC, they both seem to be delinquent business that are no longer in operation
AS-the difference is that MarklV Consultants sent in a letter and that is what India is requiring, the
director of finance
JF-okay so if I Know Someone! LLC would send a letter that would end that case as well
AS-that is correct
JF-okay that's all
RA-okay, quick question, Mr. Smith do we have no evidence or reason to believe that the business
continued to conduct business after October 1, 2022
AS-no, once we got the letter that is when we realized that they were no longer doing business
within the city
RA-okay my question I guess is for the City Attorney I guess without any evidence that the
respondent conducted any further business from October 1, 2022 until we received the letter on
June 9th is it the city's position that we still fine the respondent in this case for violation for engaging
in business without procuring a BTR for the City of Okeechobee for after October 1, 2022 it doesn't
seem like we have any evidence that they continued to conduct business after October 1st
JF-I don't want to change the staff's recommendation at this point this is something that we will
discuss internally about defunct businesses that don't have their BTR in place
RA-okay
JF-whatever we do I just want to make sure we are consistent
RA-okay Mr. Fumero is it your request that we should defer the ruling in this matter before we
make a decision in this case
Page 9 of 13
VIII. COMPLIED CASES CONTINUED
E. Case No. 230526011; CONTINUED: JF-no and I would I apologize I just became aware that
needed to cover this yesterday afternoon, but one of the things we can do is check with or did you
Anthony check with the FL Division of Corporations. Is this LLC still, in other words every year if
you have an LLC or whatever you have to pay $150.00 to keep it alive. If you don't pay that the
State of Florida will invalidate the corporation, so what happens most of the time and again there
are thousands of corporations formed every year in Florida and if they go out of business they
just walk away and eventually the Division of Corporations will close out the corporation. If I Know
Someone! LLC and MarklV Consultants LLC are already defunct corporations then in my opinion
we should do as we have done here with MarklV and close it out and they are done
AS-yes, we go on Sunbiz, and the status is still showing that MarklV is still active
CC-may I speak your honor
RA-yes
CC-that has been our question for the City's Finance Director of why we can't close these
businesses out instead of continuing the hunt I guess you could say for them if it is stating that on
Sunbiz. But some of the corporations are still saying on active on there but yet they are saying
that they are not doing business in Okeechobee
JF-yes, and that is possible, you could be a corporation with multiple offices, and they stopped
doing business in Okeechobee City and still have any office in some other city or county
CC-that has kind of been our question if it is staying inactive on Sunbiz why we can't use that to
close out the city's files instead of continuing on this wild goose chase trying to locate these
businesses and trying to make contact with these people and stuff like that, but they are saying
that they need a letter in writing
JF-good question, exactly
RA-my reservations in this case if I was to find, I just don't have enough factual basis to enter a
decision that the respondent in this case continued to engage in business after October 1, 2022
that is kind of like my snag in this case. Do we have any evidence that they continued to conduct
business in the City of Okeechobee Mr. Smith
CC-on MarklV Consultants we are not asking for a fine we are just asking that it be noted for the
record
RA-okay I see
JF-yeah, my issue isn't with MarklV it is with the consistent approach with the other LLC. I think
with MarklV it is appropriate that we make note of the fact because if they ever do come back to
the city and open a business or reopen their business rather, we want to know if there is a history
of non-compliance
CC-right
RA-got it
JF-with regards to MarklV I'm good with that, they owed something they didn't pay it therefore
they are in violation. They didn't correspond with the city, they didn't advise like they are required
to do they cease to do business, I am okay with this my issue is more with the other matter and a
daily fine with a company that may not be doing business within the city anymore
AS-I have had the exact same question
RA-I see your reasoning in the matter
CC-yes, that is our exact same question
RA-okay I think I'm satisfied with that argument and factual basis that they were to some degree
required to notify they City of Okeechobee if they were still engaging in business or not because
they had conducted business and had a license until October 1, 2022 but did not communicate
with Okeechobee and was not informed until June 9, 2023 that they no longer conducted business
so in other words Okeechobee was not made aware that they weren't conducting business until
June 9th so on that basis I will make a finding that the respondent in this case of the City of
Okeechobee v. MarklV Consultants LLC, Case#230526011 I will make a finding in this case that
even though no further action be taken in this matter the respondents were required to inform the
City of Okeechobee on or before October 1, 2022 that they were no longer conducting business
in the City of Okeechobee and the City was not notified until June 9, 2023 I will follow the city's
recommendation that even though no further action be taken on this matter we will note for the
Page 10 of 13
VIII. COMPLIED CASES CONTINUED
E. Case No. 230526011; CONTINUED: record the respondent was in violation for not informing the
City of Okeechobee that they ceased to do business after October 1, 2022 so I will make a finding
for purposes of the record.
AS-I just wanted to let you know Mr. Fumero that we go on Sunbiz trying to find an address to
mail notices to and the status of the LLC is still active for I Know Someone! LLC as well
JF-okay, gotcha, thank you
F. Case No. 230526012; Mid State Fire Equipment Inc., 1908 Chota Road, Maryville, FL., 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, 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. On March 14, 2023 Delinquent Letter mailed via USPS certified return receipt. The notice
was received by Craig Aslstrom on March 20, 2023. On April 19, 2023 Code Officer Curl verified
with Ashley, the City's BTR Specialist that the BTR has not been paid. On May 25, 2023 Code
Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid.
On May 26, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the
Agent of Record and the Secretary for the July 11th Hearing. The notice was received at the
business address on June 2, 2023. On June 5, 2023 William D. Johnson called in and spoke with
Code Officer Smith and advised that he didn't own the business anymore. I advised that he need
to write letter stating that he didn't own the business anymore and to cancel his BTR. I also
advised him to send a copy to me and a copy to Finance at City Hall. On June 12, 2023 BTR
Cancellation Letter received from William D. Johnson stating that the business was sold to Fire
and Life Safety of America on February 7, 2022 and that Mid State Fire Equipment is no longer
in business or doing business of any kind since the sale of the business. Business in compliance.
Case Closed. On June 12, 2023 Cancellation letter forwarded to the BTR Specialist for
processing. Copy of the letter placed in the file. On June 30, 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-okay I will make a finding in this case of the City of Okeechobee v. Mid State Fire Equipment
Inc, Case #230526012 based on the testimony of the certified Code Enforcement Officer Mr.
Smith that 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
the respondent failing to renew 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 and I will make a finding in this case that the respondent
did not renew their license on October 1, 2022 and did not notify the City of Okeechobee that they
were no longer in business so even though no further action be taken on this matter it will be
noted for the record to have been in violation of chapters cited for purposes of the record.
G. Case No. 230526013; Middlesex Insurance Company, 1800 North Point Drive, Stevens Point,
WI., 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, 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 $381.25. The respondent is not a repeat
violator. On March 14, 2023 Delinquent Letter mailed via USPS certified return receipt. The notice
was received by Colleen Grender on March 20, 2023. On April 19, 2023 Code Officer Curl verified
with Ashley, the City's BTR Specialist that the BTR has not been paid. On May 25, 2023 Code
Officer Curl verified with Melissa, the City's Account Supervisor that the BTR has not been paid.
On May 26, 2023 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt to the
Page 11 of 13
VIII. COMPLIED CASES CONTINUED
G. Case No. 230526013; CONTINUED: Agent of Record and the business address for the July 11th
Hearing. Received by Linda Yang on June 5, 2023. Received by Agent of Record, Sarah Blocker
on June 13, 2023. On June 21, 2023 Received letter from Lauren Anderson, Associate Financial
Analyst with Sentry Insurance stating that Middlesex Insurance Company does not or have any
prior or current physical presence, on either a permanent or temporary basis, located in the City
of Okeechobee. Further, all insurance operations related to insurance policies covering risks
located within the City of Okeechobee (to the degree any are present) are processed and
administered elsewhere in Florida or Wisconsin and request to rescind the local Business Tax
invoices and close the accounts as applicable, as they do not anticipate any changes to their
business operations which would generate sufficient nexus in our jurisdiction for future periods.
Business in compliance, case closed. On June 21, 2023 Letter forwarded to Business Tax Receipt
department for processing. On June 30, 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 this case on behalf of the City Mr. Fumero
JF-no sir
RA-okay, thank you. I will make a finding in this case of the City of Okeechobee v. Middlesex
Insurance Company, Case #230526013 the respondents in this case failed to renew their BTR
by October 1, 2022 or notify the City of Okeechobee that they were no longer in business. Even
though they did come into compliance on June 21, 2023 I will make a finding 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 and no further action on this matter but will be noted for
the record the violation.
H. Case No. 230601009; Matthew Nesbitt, 509 Southwest 2nd Avenue, Violation of Florida Building
Code of Ordinances Chapter 1, Section 105 Permits (Exhibit 12).
AS-violation of Florida Building Code Chapter 1, Section 105 Permits for Demolishing a building
w/o a permit and for placing a new shed on the property w/o a permit. He applied for a permit but
never paid for or picked up the permit. The respondent is not a repeat violator. The respondent
was first notified on April 25, 2023 via Courtesy Card. On May 2, 2023 Matthew Nesbitt called into
the office to speak with Code Officer Smith and was advised what he needed to do to bring the
property into compliance. Mr. Nesbitt provided demolition permit and he stated that he applied for
the permit for the shed. On May 17, 2023 I Code Officer Smith spoke with Matthew Nesbitt and
advised him that he needed to complete the application for a Permit for the new shed on the
property. He was advised what he needed to do to complete the application by Ashley Marshall
in the building department. He was advised that he needed to check the status of the application
and that he doesn't have a permit on the shed as of yet. He advised that he was out of town and
would be back on 28th of the month and would complete the permit application. On May 30, 2023
Code Officer Curl spoke with Ashley in the General Services Department, no permit application
has been completed by Mr. Nesbitt. Case still non-compliant. On June 1, 2023 SOV/NOH mailed
via USPS certified return receipt for the July 11th Hearing. The notice was received by Matthew
Nesbitt on June 8, 2023. On June 9, 2023 Per Ashley in the General Services Department a
permit has been issued for the shed. Mr. Nesbitt provided a copy of the approved permit and
receipt. Property in compliance. 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 Florida Building Code Chapter 1, Section 105 Permits.
RA-anything you would like to add on behalf of the city Mr. Fumero
JF-no sir
RA-Mr. Smith I see a lot of pictures and exhibits here you took these photos
AS-yes
RA-and they represent the condition of the property
AS-yes
RA-I will make a finding in this case of the City of Okeechobee v. Matthew Nesbitt, Case
#230601009 based on the testimony of the certified Code Enforcement Officer Mr. Smith and the
Paw 12of13
VIII. COMPLIED CASES CONTINUED
H. Case No. 230601009; CONTINUED: exhibits presented in this hearing that there is sufficient
factual basis for the allegations in this case and the respondent was in violation of Florida Building
Code Chapter 1, Section 105 Permits for demolishing a building without a permit and for placing
a new shed on the property without a permit, he did apply for the permit but never paid or picked
up the permit, and he was in violation on or about April 25, 2023 until he obtained the permit on
June 9, 2023, even though he did come into compliance and the city recommends no further
action on this matter but will note the violation for the record.
I. Case No. 230621010; Nika's Investments of FL. Inc., 814 Southeast 8th Street., Violation of Code
of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification (Exhibit 13).
AS-violation of Chapter 30 Sections 30-43-Public nuisances and 30-44 General cleaning and
beautification for The property has overgrown grass and weeds in need of being cut. The
respondent is a repeat violator, previous Case #220126008. On June 22, 2023 SOV/NOH,
photos, and city ordinances mailed via USPS certified return receipt for the July 11th Hearing.
Code Officer Smith posted SOV/NOH at City Hall and the property. Photos in file. On July 3, 2023
Code Officer Smith inspected the property, in compliance, photos in file. Case Closed.
Compliance Letter mailed out 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 30, Sections 30-
43 Public nuisances and 30-44 General cleaning and beautification.
RA-anything you would like to add on behalf of the city Mr. Fumero
JF-no sir
RA-Mr. Smith you took these photos
AS-yes
RA-and they represent the condition of the property
RA-I will make a finding in this case of the City of Okeechobee v. Nika's Investments of FL Inc,
Case #230601010 the respondents in this case were cited for violation of Chapter 30, Sections
30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass
and weeds in need of being cut, it was also previously noted that the respondent is a repeat
violator and the respondents were properly notified a SOV/NOH was served to the respondents
and posted at City Hall and the property, and the property did come into compliance on July 3,
2023 based on the testimony of the certified Code Enforcement Officer and the exhibits presented
at this hearing there is plenty of sufficient factual basis for the allegations in this case I see pictures
of overgrown grass probably about two feet tall on the property and looks like it hasn't been cut
for a while. Even though the city recommends no further action on this matter because the
respondents did come into compliance it will be noted for the record they were in violation from
June 22, 2023 until they come into compliance July 3, 2023, so we will note for the record.
IX. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hearing was adjourned at
7:12 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