2023-07-11 V. A. Exhibit 1 Exhibit 1
V. A. Exhibit #1
Case #1 9041 1 01 0
Kemp Properties of Okeechobee
Exhibit 1
Code Enforcement Hearing July 11 , 2023
Case Number, Name and Address:
Case#1 9041 1 01 0 Kemp Properties of Okeechobee, 909 S Parrott Ave.
Code Section Violated Description of Violation
Chapter 30, Sections 30-43 Public nuisances and 30-44 The roof and the exterior of the building are covered in mildew
General cleaning and beautification and are in need of cleaning. Backside of the plaza the brush and
trees are in need of being trimmed.
Photos:
See attached
Is respondent a Repeat Violator?
Yes
Summary:
• The City communicated with the respondent on the below occasion(s).
Date of notice Type of notice Received Date
by received/returned
September 27, Lien Order recorded, fine starts to accrual. $50.00 a day with a $25.00
2019 Administration fee.
September 21, Code Officer Smith inspected the property, and the property was found
2022 to be in compliance. Leaving a fine balance of$54,350.00 plus a $25.00
administration fee, totaling $54,375.00
September 22, Compliance Letter with fine total mailed via USPS certified return receipt Ben Purvis September 27, 2022
2022 to the address of record and Mr. Ben Purvis
April 25, 2023 Fine Reduction Application was received from Mr. Purvis.
SOV/NOH was hand delivered to Mr. Purvis for the May 9'h Hearing.
Signed hand delivery receipt in the file.
May 9, 2023 Case presented to the Special Magistrate for Fine Reduction
consideration, the Special Magistrate deferred ruling to the June 13th
Hearing to allow the property owner to provide documentation of his
special circumstances and to review the file.
May 10, 2023 SOV/NOH mailed via USPS certified return receipt for the June 13th Ben Purvis May 13, 2023
Hearing.
June 13, 2023 Case presented to the Special Magistrate for Fine Reduction
consideration, the Special Magistrate deferred ruling to the July 11th
Hearing to allow the property owner to provide documentation of his
special circumstances and to review the file.
June 14, 2023 SOV/NOH mailed via USPS certified return receipt Ben Purvis June 30, 2023
City Recommendation:
The City is requesting the Special Magistrate's Fine Reduction ruling from the May 9th hearing
be noted for the record.
Chronology attached
Page 1 of 1
Exhibit 1
Case #1 9041 1 01 0; Kemp Properties of Okeechobee
Date Event/Document
December 5, 2017 Property Owner- Kemp Properties of Okeechobee
Site Address- 909 S Parrott Ave
Son- Wayne Purvis, 1109 SW 3rd St., 863-634-2261, 863-634-2018
Ben Purvis- 720 NW 115`h Dr 863-634-0848
December 6, 2017 Courtesy Card mailed on Original Case# 1700038 for Violation of CH 30, Sec 30-44
General cleaning and beautification and CH 30, Sec 30-43 Public nuisances.
Property needs to be mowed and cleaned. Trash and debris need to be removed
February 21, 2018 NOV/NOH mailed to property owner certified return receipt advising that the violation
needed to be corrected by 3/1/18 and Notice of Hearing for 3/13/18. Returned unclaimed
on 2/23/18
March 13, 2018 The case was presented to the Code Enforcement Board. Code Officer Sterling testified
that the property was in violation from December 6, 2017 to March 12, 2018 when it was
brought into compliance. He recommended the property be found in violation for the
referenced time period.so if they are found to be in violation in the future, they
would be considered a repeat violator. Motion carried
April 11, 2019 On April 11, 2019 Code Officer Sterling found multiple violations at 909 S Parrott Ave,
Okeechobee, Florida. A courtesy card was sent out giving the property owner 10
days to come into compliance. Violations were Chapter 30 Section 30-43 Public
nuisances, Chapter 30 Section 30-44 General cleaning and beautification The roof
and the outside of the building are covered in mildew, needs to be pressure washed. At
the back side of the plaza the brush and trees are overgrown and need to be trimmed. On
the south side of the plaza the property needs to be mowed or weeded the whole length
of the plaza. Note: we have had multiple complaints from tenants that rent bays in this
plaza
July 11, 2019 A Statement of Violation and Notice of Hearing was sent out Certified Mail Return
Receipt. The green card was received on July 12, 2019, signed by Lacy McAdams. This
was to inform the owner that the case would be going Infront of the Special Magistrate on
August 13, 2019
August 8, 2019 Code Enforcement received a call from Ruby —who works for Kemp Properties, and she
stated that they had a death in the family and that Mrs. Kemp was in the hospital. She
also stated that Mr. Donald Dunham was going to start cleaning up the property starting
the following Tuesday
August 12, 2019 Code Officer Sterling inspected the property, and nothing had been done except a few
trees in the back of the building had been trimmed
August 13, 2019 Case 190411010 was presented to the Special Magistrate and the property was
found in violation. The Special Magistrate imposed a fine of$50.00 a day to start 30
days after proper notification. Also, a $25.00 Admin fee was to be add to the fine
amount
Page 1 of 4
Exhibit 1
Case #1 9041 1 01 0; Kemp Properties of Okeechobee
Date Event/Document
August 20, 2019 The Lien/Order was mailed out Certified return receipt. Received by Lacy McAdams on
August 22, 2019
September 27, 2019 The Lien/Order was recorded at the Okeechobee County Clerk of Court
December 4, 2019 Property inspected, still not in compliance, photos in file
Property posted with the Lien/Order
January 16, 2020 Officer Sterling received complaints about the dumpster, inspected the property, still not
in compliance, photos in file
March 16, 2020 The fine on the property to date is $10,375.00
August 6, 2020 A letter informing the owner that the fines had accrued for over 90 days and could
go to City Council for Foreclosure was mailed Certified Return Receipt mail and
was retuned Unclaimed on August 17, 2020
September 22, 2020 Mailed a Statement of Violation and Notice of Hearing Certified Return Receipt mail,
informing that this case is going to the Special Magistrate for recommendation to City
Council for Foreclosure. Received on October 8, 2020 Signed by not legible
September 30, 2020 As the end of September 2020, the fine amount due is $18,725.00.
The fine started on September 22, 2019 and the property is still in violation. Fine
imposed was $50.00 per day plus a $25.00 Administrative Fee
October 2, 2020 Faxed file to City Attorney Carlyn Kowalsky
October 7, 2020 Property inspected, still in violation of Chapter 30 Section 30-43 Public nuisances and
Section 30-44 General cleaning and beautification. Photos in file
November 3, 2020 City Attorney Carlyn Kowalsky sent an email to Mr. Purvis with reference to the phone call
she had with him. He stated he would check to see if the work had been completed
regarding the electrical repairs, pressure cleaning and vegetation maintenance.
Mr. Purvis replied with an update. He advised most of the outside lights are working and
all bulbs are being replaced now. The electrician will be back tonight to repair any that
may still not be working.The grass was cut last week and will be cut again on Wednesday.
This just leaves the pressure cleaning. He is waiting for a confirmation date that they will
be here. They are backed up due to lots of rainy days in October
November 4, 2020 Code Officer Sterling sent a letter to Mr. Purvis via email: Diversifiedoutdoors@live.com
regarding that he had inspected the property and it is still out of compliance but based on
his recent email, he has indicated that he has engaged contractors to bring the property
into compliance. Therefore, the city will defer action on your case until the next code
enforcement hearing which will be held December 8, 2020 at 6:30 pm in City Council
Chambers
Page 2 of 4
Exhibit 1
Case #1 9041 1 01 0; Kemp Properties of Okeechobee
Date Event/Document
December 4, 2020 Received email from City Attorney Carlyn Kowalsky advising she spoke with Ben Purvis
regarding the matter on the agenda for Dec 8' Magistrate Hearing. For our records, Mr.
Purvis' phone number is 863-634-0848.
He stated that the lighting is fixed. It is mowed every 2 weeks. Painting has started but is
not finished because the painter is backed up due to recent rains.
He plans to attend the Magistrate Hearing next week.
She requested that the property be inspected next week before the hearing so that we
can testify about the status of the property and what remains to be completed to bring it
into compliance
December 8, 2020 Case presented to the Special Magistrate Code Officer Sterling testified that an inspection
was performed prior to the meeting, and progress has been made. Special Magistrate
Azcona granted an extension of 30 days from today for the property to become
compliant. Mr. Purvis was further instructed that he did not have to wait for the
entire extension, and to notify Code Officer Sterling when he had completed the
clean up to inspect the property in order to stop the fine from accruing. He could
then move forward with a fine reduction
December 31, 2020 The fine amount is $23,325.00 and is still accruing at $50.00 a day
September 12, 2022 90-Day Letter mailed via USPS certified return receipt. Code Officer Smith inspected the
property; still non-compliant. Photos in files. Received by Lacy McAdams on
September 14, 2022
September 14, 2022 Code Officer Curl received a call from Mr. Ben Purvis who asked what needed to be done
to bring the property into compliance and he stated that he will be working on getting the
grass cut, the building cleaned, and the parking lot repaired by changing the parking lot
to asphalt to bring the property into compliance. Mr. Purvis also stated that he did not own
the property in the front or back of the building that is overgrown that he only owns from
the concrete back
September 21, 2022 Code Officer Smith inspected the property: in compliance, corrected the violations.
Photos in file. Fine balance of $54,350.00 plus a $25.00 administrative fee, totaling
$54,375.00
September 21, 2022 Code Officer Smith received a call from Mr. Purvis inquiring about the status of the
property and if anything, else needed to be completed. Code Officer Smith advised Mr.
Purvis that he inspected the property today and that the property is in compliance and
that he would be receiving a compliance letter along with a fine reduction form and once
we receive that form back the fine reduction request would be added to the next scheduled
Hearing for consideration. Mr. Purvis stated that once he has ownership of the property
as the property is still in probate that he is going to have the parking lot redone in asphalt.
Mr. Purvis also asked that all correspondence be mailed to his address of 720 NW
115t' Dr, Okeechobee, FL. 34972
Page 3 of 4
Exhibit 1
Case #1 9041 1 01 0; Kemp Properties of Okeechobee
Date Event/Document
September 22, 2022 Compliance Letter with Fine total mailed via USPS certified return receipt to the address
of record and to Ben Purvis. Received by Lacy McAdams on September 24, 2022.
Received by Ben Purvis on September 27. 2022.
April 25, 2023 Code Officer Curl received a fine reduction application from Mr. Benjamin Purvis on behalf
of Kemp Properties of Okeechobee.
SOV/NOH hand delivered to Mr. Purvis for the May 9'h Special Magistrate Hearing for
Fine Reduction Consideration. Signed hand delivery receipt in the file.
May 9, 2023 Case presented to the Special Magistrate for Fine Reduction consideration, the
Special Magistrate deferred ruling to the June 13t' Hearing to allow the property
owner to provide documentation of his special circumstances and to review the
file.
May 10, 2023 SOV/NOH mailed via USPS certified return receipt to Mr. Purvis for the June 13t' Hearing.
Received by Ben Purvis on May 13, 2023.
June 13, 2023 Case presented to the Special Magistrate for Fine Reduction consideration, the
Special Magistrate deferred ruling to the July 11t' Hearing to allow the property
owner to provide documentation of his special circumstances and to review the
file.
June 14, 2023 SOV/NOH mailed via USPS certified return receipt for the July 11' Hearing. Received by
Ben Purvis on June 30, 2023.
Page 4 of 4
Exhibit 1
CODE ENFORCEMENT SPECIAL MAGISTRATE
THE CITY OF OKEECHOBEE,FLORIDA
CASE NO. ic11oy 113(0
CITY OF OKEECHOBEE, 131111 I1III I 11111 IIII IIIII 1II1I 1111311
PETITIONER, PILE NUM 201901i-1001
t3R ENK 831 P(5 5446
SHARON ROBERTSON, CLERK h COMPTROLLER
OKEECHOBEE COUNTY, FLORIDA
-vs-
RECORDED 09/27/2019 11:09:49 API
RECORDING FEES $18.50
RESPONDENT, RECORDED BY M P i non
P4s 546 - 547; (2 Pea)
Kemp Properties of Okeechobee /
LIEN/ORDER
THIS CAUSE came before the Code Enforcement Board,City of Okeechobee,for public
hearing on August 13 ,20 19.After due notice to the respondent,the Board having heard
evidence on the alleged violation by witnesses or affidavit makes the following findings:
A.FINDINGS OF FACT:
Lots: Blk: Section:
Parce1:2-21-37-3 5-0A00-00047-0000
Property location:909 S Parrott Ave
Property owner:Kemp Properties of Okeechobee
B.CONCLUSIONS OF LAW:
The owner of the property described above has been found inviolation
of:Overgrown Vegetation,Mold on Building&General Maintenance
C.ORDER:The City of Okeechobee Code Enforcement Special Magistrate has
determined you have violated the Code of Ordinances Ch 30 Sec 30-43&30-44
concerning your property located at 909 S Parrott Ave ,Okeechobee,FL.
If you do not correct the violation Within 30 days after proper notification ,or notify the
Code Enforcement Officer of the correction,the Magistrate imposes a fine of$50.00 per
day,Also a onetime fee of 25.00 for administrative fees, commencing that date and continuing
daily until the violation is corrected or the city is notified by you and verifies the correction,
which ever first occurs.Further,if you do not correct the violation by said date,a copy of this
order as a claim of lien,shall be recorded in the office of the Clerk of Circuit Court,Okeechobee
County,Florida,and once recorded,becomes a lien
on real and personal property pursuant to Florida Statute 162.You have a right within thirty
days,to appeal this finding and order by Writ of Certiorari to the Circuit Court,Okeechobee
County,Florida.If you correct the violation prior to the above date,it is your obligation to
contact the Code Enforcement Officer to verify such compliance.
Exhibit 1
AGREED AND ORDERED this I`-1 day ofO.L1_003„5,-1— ,20 19 .
CITY OF OKEECHOBEE,Petitioner '`. ,1t..p O -ti- ( k2 Respondent
CODE ENFORCEMENT
City of Okeechobee,Florida
S•ecial Magistrate
s /
_.i e E•.•orcement Off}
ATTEST: ((��
nui,. 2 e,th,f2__
Recording Secretary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
PERSONALLY appeared before me the undersigned authority,Roger Azcona ,
Fred Sterling and Melissa Close ,well known to me and known by me
to be the Code Enforcement Special Magistrate,Code Enforcement Officer and Recording
Secretary,respectively,of the CITY OF OKEECHOBEE CODE ENFORCEMENT.
SWORN AND SUBSCRIBED before me this/9day of ,20"
i 1,11L__.
T RY PT/ LIC
My Commission expires: .s!:`.°N, NANCCY SUE CHRISTOPHER
a 61* MY COMMISSION 41
FF 967472
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EXPIRES:ApdI 13,2020
1.6 OF Banded Thu Budget MAW S.rvkas
Please return to:City of Okeechobee Code Enforcement
55 SE 3`dAvenue
Okeechobee,FL 34974
(863)357-1971
Exhibit 1
11)
ifics<-7"-eN
%3t
City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
September 22, 2022
Kemp Properties of Okeechobee
1508 NE 39th Blvd.
Okeechobee, FL. 34972
Re: 909 S Parrott Ave, Okeechobee, FL. 34974
Case# 190411010
Dear Property Owner:
This letter is about the Code Enforcement Lien/Order dated August 13, 2019, notifying you that a
$50.00 per day fine was imposed beginning on September 22, 2019, against the property listed
above for failure to comply with City Ordinances.
As of September 21, 2022, the violations on the above listed property have been corrected
bringing the property into compliance with City Ordinances. The total amount due as of September
21, 2022, is $54,375.00 including the $25.00 administrative fee.
If you would like to request a Fine Reduction, please complete the enclosed form in its entirety
and return the form to the City of Okeechobee, Code Enforcement Office at 50 SE 2' Ave,
Okeechobee, FL. 34974. Once we have received the completed form, the Fine Reduction request
will be added to the next scheduled Special Magistrate Hearing agenda for consideration.
Please contact our office immediately to make arrangements to pay this fine. Failure to
contact our office could result in foreclosure action being filed against the above-
mentioned property. If you have any questions, please contact our office at (863) 763-9795.
Sinccrel __ -
Anthony Smith
City of Okeechobee
Code Enforcement Officer
863-763-9795
asmithna,cityofokeechobee.com
Enclosure: Fine Reduction Form
Exhibit 1
City of Okeechobee, Code Enforcement Office
IN RE: The Matter of Complaint# lc'
Respondents)
(� Request for Reduction of Accrued Fine
1, 7f'tl°c-,r, •,x- fe hereby request a reduction of a fine imposed in the
above referenced case and in support thereof would state the following information:
1. My name and current mailing address are:
2. Physical address of the property which was the subject of the violation:
r,r. _ IA.
3. A Fine in the amount of$ t per day was imposed on the following date: d
4. The violations were corrected,and I was advised that the property came into compliance on the following
date:
5. I am requesting that the accrued fine be reduced from $ 591
,j r)• To:
6. The accrued fine amount should be reduced because:
.1.tr t \ea
7. 1 Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special
Magistrate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally
appear, I hereby designate the following person to appear in my place:
Signature of Respondent Signature of Respondent
n
Date: . -� ,A?J
_ . Date:
The forgoing instrument was syaor t__(or affirmed)and subscribed before 'me,by means of physical presence or
onli�n�notarization this day of {iot"1 ; 20 A_
By (✓ (/( Yt J �A,y(VI,C and who produced
—> as identif ation.
Signature of Notary Public—State of Florida: (s-La•
Print/Type/Stamped Name of Notary:
My commission expires: (//�n
Notary Public State of Florida
+ l Christina Curl
I MyHCommission
87828 on
( 1111 Exp,11l1612025
Exhibit 1
Dear Sir or Madam,
I am asking for the fines to be reduced in this matter for several reasons. I need to give a little
background from my side so that hopefully you will understand better the situation.
The fines started back in August 2019. The property was owned by my mother Brenda Kemp.
She had been in and out of the hospital several times and had different people staying with her
when she was home because she had several amputated toes due to diabetes and limited
mobility. For whatever reason no one told me about the issues at the property until later. Once I
found out I called Fred @ code enforcement and started working on the issue. She also had
another property that had code issues at that time. Fred was getting ready to retire and advised
me to let the one property be auctioned and focus on the large property since the small lot was
unbuildable due to the road frontage size. I went to work and had everything complete within a
month. Fred had came up and looked at the property and said that we was good. I had also
asked if anything else came up could they call me. I didn't hear anything else so I assumed all
was good. Covid hit and Moms health got continually worse. 4 or 5 surgeries later she had one
leg amputated above the knee and needed 24 hour care. During 2020 and 2021 she stayed
mainly in the hospital or a rehab as they worked to heal her leg along with other medical issues
she had. When home she stayed with my brother in town because he was home during the day
due to his job. I am not sure if any letters was mailed during that time but I wasn't contacted by
anyone.
August 22 2022 Code enforcement sent another letter to her address. My niece was staying
there at the time and I think she contacted me about the letter. August 27 2022 mom passed
away. I had contacted Anthony Smith with code enforcement and got a list of items that needed
to be done. By September 21 2022 less than 30 days i had everything corrected and got the
property cleared.
He had sent me a fine reduction form but with all the craziness of trying to figure out how to
probate her estate I must have stuck the letter in a file. I came across the letter again and that
brings us to today.
I am asking for the fines to be reduced for the reason that I was under the impression that fines
were done back in 2019 when i worked with Fred. I also am asking because part of what was
listed as overgrown is not our property. When i discussed this with Anthony he seemed to agree
that part of the property in question belongs to Truist bank. Finally I ask for reduction because I
am trying to settle the estate and my plan is to buy out my brother so that i have full control of
the property and make it into a Prime property here in Okeechobee. It will be difficult to borrow
the money necessary to do this with Liens on the property.
Thank you for your consideration in this matter.
Ben Purvis
ctey Exhibit 1
--pk` `f1Obee
City of Okeechobee Code Enforcement
50 SE 2nd Ave Okeechobee Florida 34974
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE, FLORIDA
Petitioner,
vs
Date 06/14/2023
Respondent,
CASE NO. 190411010
Kemp Properties of Okeechobee
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of
Okeechobee, I(hereinafter the "City of Okeechobee),the undersigned Code Enforcement Officer hereby gives
notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein,and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section:CH 30, Sections 30-43, 30-44
2. Address and Parcel#where violation exists:909 S Parrott Ave., Okeechobee, FL. 34974
2-21-37-35-0A00-00047-0000 (32987)
3. Name and address of property owner or person in charge of location where violation exists:
Kemp Properties of Okeechobee c/o Ben Purvis 720 NW 115th Dr Okeechobee FL 34972
4. Description of Violation:
Fine Reduction Ruling
5. Date violation was corrected: Sep 21, 2022
6. Date violation first observed on or about 2/15/17
Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code
Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take
notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 11th
day July. 2023 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in
Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and
conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be
represented by counsel,present evidence,and present testimony. Please be advised that any evidence presented to the
Magistrate for his consideration will be retained by Code Compliance Department.If you fail to appear at the hearing the
Magistrate may enter an Order of Violation,&impose a fine in your absence.
CL2,calitrL C
Christina Curl Code Enforcement Officer
Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will
need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will
be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department.
In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a final administrative order to the circuit court.Such an appeal shall be
filed within 30 days of the execution of the order to be appealed.
De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a Ia tribunal
de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de Ia orden que se apelara.
Exhibit 1
U.S. Postal Service'"
CERTIFIED MAIL° RECEIPT
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aCI $ 3)14/� -1
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['Return Receipt(hardcopy) $
ni ['Return Receipt(electronic) $
t7:3 0 Certified Mail Restricted Delivery $ _Tv(
!] ❑Adult Signature Required $
O DAdult Signature Restricted Delivery$
Postage
Total Postage and Fees
Pl.l
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PS corm 38u0,April 2,15 Pest 7530-02.900-9047 See Reverse for Instructions
Exhibit 1
SENDER:COMPLE1e THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete bit s%1;` ,;and 3. A. Sgnature
• Print your namtvarld address on the reverse x ' 4—. ---- D Agent
so that we can return the card to you. 11._, ❑Addressee
I Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits. - -
Kemp Properties of Okeechobee dress different from item 1? ❑Yes
delivery address below: 0 !lcclo Ben Purvis
720 WI 115th Dr
Okeechobee, FL. 34972
I1l1II II 1111 HMI
III 'I"IIIII' 3. Service Type ❑Priorityei Mail Express®
0 Adult Signature ❑Registered Express®
IS Adult Signature Restricted Delivery 0 Registered Mail Restricted
Q Certified Mail® Delivery
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❑Collect on Delivery ,0-Signature Confirmation
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PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
Exhibit 1
CITY OF OKEECHOBEE CODE ENFORCEMENT
SPECIAL MAGISTRATE HEARING
CODE ENFORCEMENT FOR CASE NO: 190411010
THE CITY OF OKEECHOBEE,FLORIDA. Special Magistrate Roger Azcona
Petitioner,
vs.
KEMP PROPERTIES OF OKEECHOBEE,
Respondent(s).
ORDER ON REQUEST FOR LIEN REDUCTION
THIS CAUSE coming to be heard on May 9, 2023, at the City of Okeechobee Code
Enforcement Special Magistrate Hearing on the Respondent's request for lien reduction. The Special
Magistrate, having given the Respondent's representative,Mr. Ben Purvis,an opportunity to be heard,
and arguments from counsel for the City of Okeechobee,Mr. Greg Hyden,with testimony from Code
Enforcement Officers Anthony Smith, reserved ruling on this matter for further consideration upon
thorough review and consideration of the record.
At the time of the hearing on May 9,2023,Code Enforcement Officer Anthony reiterated the
record facts causing the existing lien to accumulate to its present amount of$54,375.00 and stated the
City of Okeechobee was recommending a lien reduction of 60%pursuant to the City's fine reduction
schedule, and therefore reducing the lien to$21,740.00, plus a$25.00 administrative fee.The total
amount due after the City's recommendation is $21,765.00. The property came into compliance on
September 21,2022, after being found in violation on December 5, 2017. (See transcript for specific
details of the testimony of Mr. Smith). The Lien Order was recorded and fine started to accrue on
September 27, 2019.
In his request for further lien reduction beyond the 60%that is recommended by the City of
Okee, Mr. Ben Purvis stated under oath that his mother, Brenda Kemp,owned the property and that she
1
Exhibit 1
has recently passed away. Before her passing,she was in and out of the hospital due to her health. At
that time, he became aware of the lien and spoke with Fred who was then the code enforcement officer.
He had the building pressure cleaned, the roof cleaned,and the grass cut. He had a mowing company
from Stuart do the pressure cleaning. There is strip of property owned by Truist bank next to his
property that is not consistently maintained by the bank. When I got a call, I also got it cleaned up. We
went through COVID from 2019 to 2022 and not heard anything until I got a letter and spoke with Mr.
Smith. The property has been in probate, and I am trying to get it settled. Upon cross-examination by the
City Attorney, Mr. Hyden, Mr. Purvis does not dispute that the property was not in compliance, he had
no evidence that the lien was released, or that the City of Okeechobee advised him in writing that the
property was in compliance.
Mr. Anthony Smith of the Okeechobee Code Enforcement stated that the recommended lien
reduction of 60%takes into consideration the above facts Mr. Purvis has mentioned,including that the
part of the property that did not belong to Kemp Properties. The city Attorney, Mr. Hyden, asked Mr.
Smith if the lien reduction in this case is consistent with the City's Lien Reduction schedule,in which
case Mr. Smith affirmed that it is.
Mr. Hyden, on behalf of the City of Okeechobee argued that the City has factored in the issue
with the grass, the city has been consistent with its fine schedule, the city has reviewed the request for
the fine reduction and has made an offer of a generous fine reduction. The property owner has not given
any justification legal or otherwise for an enhanced reduction beyond the 60%reduction.
This Court after reviewing the records pertaining to this case,carefully considered the testimony
of all witnesses and arguments of both parties, finds that a lien reduction by 60%,which comes to the
amount of Twenty-One Thousand Seven Hundred Sixty-Five Dollars($21,765.00),including the$25
administrative fees, under the facts and circumstances of this case is reasonable and fair. The property
came into compliance on September 21, 2022, since it was first found in violation on December 6,2017,
when it was clearly under the care of Ms. Brenda Kemp. In the time of the accrual of the fines Mr. Ben
Purvis was aware of the violation and lien,maintained the property to some degree, but ultimately failed
to communicate with Code Enforcement until he received another letter and spoke with Mr. Smith. The
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Exhibit 1
respondent's file has also previously been noted as a"repeat violator." The respondent should make
arrangements to pay the fine accrued.
DONE . N ORDERED in the City of Okeechobee, Okeechobee County, Florida this f4) day of
, 2023.
'OGER AZCONA,ESQ.
Special Magistrate
Copies to:
Code Enforcement, City of Okeechobee
Mr. Hyden, City Attorney
Mr. Ben Purvis, Respondent's representative
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