2023-08-08 Handwritten Minutes 4,`` .0, 4 F�O-
'/, _ CITY OF OKEECHOBEE CODE ENFORCEMENT
ytp. AUGUST 8, 2023, SPECIAL MAGISTRATE HEARING
• �; 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974
HANDWRITTEN MINUTES - CHRISTINA CURL
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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.
CALL TO ORDER
A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on
Tuesday August 8, 2023 at 6:08 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 July 11, 2023 Minutes.
B. This being a Quasi- Judicial proceeding, Special Magistrate Azcona collectively administered an
Oath to Code Officers Smith, and Curl.
V. NEW CASES
A. Case No. 230710009; ASR & JDR Enterprises LLC c/o Andrew Robinson, 1220 Southeast 23'
Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44
General cleaning and beautification (Exhibit 1).
RA- it doesn't look like we have anyone here tonight for this case.
AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for a vacant lot with overgrown grass. The respondent is not a repeat violator. The
respondent was first notified on June 21, 2023, via Courtesy Card. On July 10, 2023, Code Officer
Smith inspected the property, found to be non-compliant. SOV/NOH, photos, and city ordinances
mailed out via USPS certified return receipt for the August 8th Hearing. Photo in file. The notice
was returned unable to forward on July 31, 2023. On July 25, 2023, Code Officer Smith posted a
Notice to Appear at the property and on the City Hall public notices board. Photos in file. On
August 1, 2023, Code Officer Smith inspected the property: still non-compliant. To comply with
City ordinances, the property owner needs to cut all the 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 August 8, 2023, unless the property owner brings the property into compliance on or
before that date, plus a $50.00 administrative fee.
RA- okay, anything you would like to add on behalf of the city Mr. Hyden
GH- Code Officer Smith just to confirm you were the one that took all the photos in the file.
Page 1 of 11
V. NEW CASES CONTINUED
A. Case No. 230710009; CONTINUED:
AS- yes, I did
GH- did Code Enforcement verify if ASR & JDR was still an active corporation
AS- we did check but the corporation is inactive at this time
GH- okay
AS- so we tried to reach out to Andrew Robinson
GH- did Code Enforcement verify or check to determine that he does not have an open probate
estate
AS- yes, we also checked that as well
GH- okay nothing further
RA- on behalf of the city you are arguing Mr. Hyden that the city has been satisfied their
requirements for due process in this case.
GH- yes
RA- I will make a finding in the case of the City of Okeechobee v. ASR & JDR Enterprises LLC
do Andrew Robinson, Case #230710009, based on the testimony of the certified Code
Enforcement Officer Mr. Smith and the exhibits presented that the respondents in this case have
been cited for the violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification for having a vacant lot with overgrown grass. Upon hearing testimony
and examination of the exhibits of the pictures presented by the city. I do see factual basis for the
allegations in this case, and I will make a finding that the respondents are in violation of the city
code for having overgrown grass. I will also make a finding that the city has satisfied the due
process requirements in this case of posting the property with the Notice to Appear and Statement
of Violation and I will follow the city's recommendation of a fine of$50.00 per day to begin 21 days
after the date of this hearing on August 8, 2023, unless the property owner brings the property
into compliance on or before that date, plus a $50.00 administrative fee will be assessed on the
property, so that is what we will order. Anything else Mr. Smith.
AS- no sir
RA- okay next case
B. Case No. 230712004; Nassif Elias and Helane G. Darazi, 1109 Southeast 9th Drive, 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 a vacant lot with overgrown grass, weeds, trees, shrubs, or bushes. The
respondent is not a repeat violator. The respondent was first notified on June 21, 2023, via
Courtesy Card. On July 6, 2023, Code Officer Curl received a call from Ms. Carver, she stated
that the property has not been mowed. I advised her that we sent them a courtesy notice and we
will be reinspecting the property and if they are non-compliant then we will send them a notice to
go before the Special Magistrate. On July 10, 2023, Code Officer Smith inspected the property:
still non-compliant. On July 12, 2023, SOV/NOH, photos, and city ordinances mailed out via USPS
certified return receipt for the August 8th Hearing. Photos in file. The notice was received on July
17, 2023, signature not legible. On August 1, 2023, Code Officer Smith inspected the property: in
compliance, photos in file. Case closed. Compliance Letter sent 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- anything you would like to add on behalf of the city Mr. Hyden.
GH- no your honor
RA- Mr. Smith you took all the photos in the file.
AS- yes, I did
RA- and they accurately represent the conditions of the property at the time you took them.
AS- yes, they do
Page 2 of 1 1
V. NEW CASES CONTINUED
B. Case No. 230712004; CONTINUED:
RA- I will make a finding in the case of the City of Okeechobee v. Nassif E. Dawlabani and Helane
G Darzi, Case #230712004 the respondent in this case was cited for violation of Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having a vacant
lot with overgrown grass, weeds, trees, shrubs, or bushes. Based on the testimony of the certified
Code Enforcement Officer Mr. Smith and the exhibits presented at this hearing, I will find that
there is factual basis for the allegations in this case and the respondent was in violation up until it
came into compliance. I see that there is a picture showing a lot of overgrown grass and on or
about August 1, 2023 it was inspected and did come into compliance based on the testimony and
the evidence. The respondents were properly served and did respond to the violation. So, I will
make a finding that even though no further action is being taken in this case as recommended by
the city. I will find that the respondent was in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification for having a vacant lot with overgrown
grass, weeds, trees, and shrubs up until they did come into compliance on August 1, 2023. Even
though they did come into compliance they were in violation from June 21, 2023 until August 1,
2023 and it will be noted for the record.
C. Case No. 230628008; Huda Elhindi, 918 Southwest 2nd Street, Violation of Code of Ordinances
Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning
and beautification, Chapter 54, Sections 54-81 Use as a residence, 54-84 Parking in residential
district, International Property Maintenance Code (IPMC) Chapter 3, Sections 302.1 Sanitation,
304.1 General (Exhibit 3).
AS- violation of Chapter 30, Sections 30-41 Disabled vehicles for inoperable/abandoned or
unlicensed vehicles on the side of the residence, 30-43 Public nuisances, 30-44 General cleaning
and beautification for having overgrown weeds, grass, shrubs, bushes, or trees, yard debris or
junk all over the property, Chapter 54, Sections 54-81 Use as a residence, 54-84 Parking in a
residential district for having an RV parked in a residential district without having such vehicle
stored inside an enclosed garage or other structure or parked on a driveway or parked to the side
or rear of the principal structure with maintaining the applicable setbacks and the RV being used
as a residence. IPMC Chapter 3, Sections 302.1 Sanitation, 304.1 General for having junk and
debris all over the exterior of the home and the exterior of the home in need of
maintenance/cleaning. The respondent is not a repeat violator. The respondent was first notified
on April 28, 2023, via Courtesy Card. On April 28, 2023 Code Officer Curl also spoke with the
individual who came out of the RV, Mr. Tracy McKinney, he was advised that no one could use
the RV as a residence, even if it is temporary and for the RV to remain on the property that it
would need to be stored inside an enclosed garage or other structure, or parked on a paved
driveway or parked to the side or rear of the principal structure meeting the rear or side lot
setbacks and that the disabled vehicles needed to be removed from the property. All the trash,
yard debris or junk needed to be removed/organized and all the overgrown vegetation needed to
be cut. I provided Mr. McKinney with a copy of the city ordinances and advised him that the
property owner would also receive a notice about the condition of the property. He advised that
his mother Vivian Hadley resided in the primary residence. On May 9, 2023, Code Officer Curl
received a call from Donna Liberty, who works for the property owner she stated that they just
received the notice and advised that they will start working on it immediately. I advised her that
the RV needs to be removed immediately and that we would give them a little time to get the
property cleaned up as long as we could see that progress was being made. I also advised her
that I had spoken with Mr. McKinney and explained to him on 4/28/2023 what needed to be done
to bring the property into compliance. She stated that she would call the tenant Ms. Hadley and
speak with her. On May 11, 2023, Code Officer Curl inspected the property, still non-compliant,
the RV, the trash, junk, debris, disabled vehicle, and the overgrown vegetation remain. Photos in
file. On May 15, 2023, Code Officer Curl received a call from Donna Liberty. She stated that the
tenants sent her photos showing that the RV has been removed and that the vehicles on the
property have tags on them that don't expire until 7/23 and 9/23. I advised her that I would go by
this afternoon and complete an inspection to give her an update on the property. Code Officer
Page 3 of 11
V. NEW CASES CONTINUED
C. Case No. 230628008; CONTINUED:
Curl inspected the property, still non-compliant, what appears to be a disabled vehicle remains
on the side of the home, some overgrown vegetation, and some debris/trash/junk remains.
However, some progress has been made with the removal of the RV and the cutting of the grass.
On May 19, 2023, Code Officer Curl received a call from Donna Liberty inquiring on the status of
the property. She was advised that the debris/junk all over the back porch remains, there is a tv
and a grocery cart sitting in the yard, overgrown vegetation, and weeds all over the yard and
growing up the side of the house, the exterior of the home is still needing maintenance/cleaning,
there is still a disabled vehicle on the side of the home and what appears to be an appliance of
some sort. She stated that she would send the tenants another list of what still needs to be done.
She was advised that we would inspect the home again in two weeks. On May 25, 2023, Code
Officer Curl received a call from Donna Liberty who stated that the tenants have taken care of
most of the things except for tagging the van and pressure washing the house. She was advised
that the property is scheduled for reinspection on May 31, 2023, and I will provide her an update
once the inspection is completed. On May 30, 2023, Code Officer Curl inspected the property,
still non-compliant, piles of yard debris, untagged vehicle remain, the grass needs to be cut again,
and the exterior of the home is still in need of maintenance and cleaning. On June 1, 2023, Code
Officer Curl received a call from Donna Liberty, update given, and photos emailed to her of the
last inspection. On June 12, 2023, Code Officer Curl received a call from Donna Liberty she stated
that they have pressure washed, fixed the siding, and painted the outside of the home she stated
that the only way to fix the fence is to take out the pepper tree. I advised her that I would take a
look at it when I complete the inspection, but our city ordinance does state that all fences have to
be maintained or removed. On June 14, 2023, Code Officer Smith inspected the property, still
non-compliant, debris/junk in the middle of the back yard, grass in need of being cut, fence in the
rear of property in need of repair, disabled vehicle on the side of the property. On June 28, 2023,
Code Officer Smith inspected the property, still non-compliant, debris/junk on the back & front
porch, grass in need of being cut, fence in the rear of property in need of repair, disabled vehicle
on the side of the property. On June 29, 2023, SOV/NOH, photos, and city ordinances mailed out
via USPS certified return receipt for the August 8th Hearing. Photos in file. The notice was received
by Donna Liberty on July 3, 2023. On July 3, 2023, Donna Liberty called in and spoke with Code
Officer Smith who advised her the progress of the property. Advised her what needed to be done
to bring the property compliant. On July 13, 2023, Code Officer Smith inspected the property; Still
non-compliant, the back porch full of debris, disabled vehicle on the side of the home and the
fence still in need of repair. On July 26, 2023, Code Officer Curl received a call from Donna Liberty
she stated that they have cleaned up the property and the only thing that they have left is the
disabled vehicles. I advised her that they can reach out to the local junk yards, and they will pay
them to remove the vehicles. She stated that she will send me photos of the work that has been
done. She was advised that we will complete an inspection before the hearing to see if the
property is in compliance. On July 31, 2023, Code Officer Smith inspected the property, still non-
compliant, the back porch full of debris, disabled vehicle on the side of the home. On August 8,
2023 Code Officer Curl met with the property owner and discussed everything that had been done
and that the property needed to be maintained. The property was inspected and found to be in
compliance. Case closed. The City recommends no action on this matter, but request it be noted
for the record to have been in violation of Code of Ordinances Chapter 30, Sections 30-41
Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification, Chapter
54, Sections 54-81 Use as a residence, 54-84 Parking in residential district and IPMC Chapter 3,
Sections 302.1 Sanitation, 304.1 General.
RA- anything you would like to add on behalf of the city Mr. Hyden
GH- no sir
RA- you took the photos on this Mr. Smith
AS- myself and Code Officer Curl
RA- oh you both did
AS- yes
Page 4 of I 1
V. NEW CASES CONTINUED
C. Case No. 230628008; CONTINUED:
RA- and the dates shown in these pictures accurately represent the conditions of the property at
the time they were taken
AS- yes, they do
RA- I will make a finding in this case in the case of the City of Okeechobee v. Huda Elhindi, Case
#230628008, that the respondents in this case was cited for violation of Chapter 30, Sections 30-
41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification, Chapter
54, Sections 54-81 Use as a residence, 54-84 Parking in residential district, IPMC Chapter 3,
Sections 302.1 Sanitation, 304.1 General for having inoperable/abandoned or unlicensed
vehicles on the side of the property, overgrown weeds, grass, shrubs, bushes, or trees, yard
debris or junk all over the property, an RV parked in a residential district without having such
vehicle stored inside an enclosed garage or other structure or parked on a driveway or parked to
the side or rear of the principal structure with maintaining the applicable setbacks and the RV
being used as a residence. Junk and debris all over the exterior of the home and the exterior of
the home in need of maintenance/cleaning. 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
there is plenty of factual basis for the allegations. Looking at the pictures I do see a lot of debris
and trash all over the property. I see a trailer based on the testimony it looks like it is being used
as a residence. There just seems to be a lot of debris and junk all over the property and a lot of
overgrown grass, weeds, and shrubs are evident from these pictures. I will make a finding that
the respondents in this case are in violation of all the chapters and the sections that are being
cited against the respondents. I will follow the city's recommendation that they did come into
compliance in this case and the city recommends that no further action be taken in this case, but
it will be noted for the record that the respondents were in violation of the City's Code of
Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44
General cleaning and beautification, Chapter 54, Sections 54-81 Use as a residence, 54-84
Parking in a residential district and IPMC Chapter 3, Sections 302.1 Sanitation, 304.1 General,
so we will just note for the record that they were in violation but did come into compliance.
VI. COMPLIED 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 4).
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 in the 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 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 not deliverable 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 a Notice to Appear
on the public notices board at City Hall and at 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. The notice was returned unable to forward on July 24, 2023. 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. On July 11, 2023, Case presented to the Special
Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification. A fine of$50.00 per day to begin 21 days after the date of the hearing,
plus a $50.00 administrative fee imposed. On July 12, 2023, Lien/Order mailed via USPS certified
return receipt. The City has not received the Lien/Order nor the signature receipt card back as of
the date of this Hearing. On July 13, 2023, Code Officer Smith went to post the property with the
Lien/Order when the property was found to be in compliance. The grass, weeds, etc. was cut.
Case Closed. Compliance Letter mailed out USPS regular mail. The City recommends no action
Page 5 of I 1
VI. COMPLIED CASES CONTINUED
A. Case No. 230524009; CONTINUED:
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. Hyden
GH- no sir
RA- so Mr. Smith you took all these photos.
AS- yes, I did
RA- and these photos accurately represent the conditions of the property at the time they were
taken
AS- yes, they do
RA- and those are dated on the pictures
AS- that is correct
RA- it appears that any attempted mail was returned as not deliverable, but I guess you posted
the property with the Statement of Violation and Notice to Appear, and it came into compliance
the day before you inspected it
AS- no what happened is that they went before the Special Magistrate, and they were notified,
we had sent it to the wrong address the first time around
RA- oh okay
AS- that is the one we sent to the wrong address then we corrected it and sent it to the right
address, it still returned to sender unable to forward but we had already posted the property
RA- oh okay
AS- so we brought it the Special Magistrate and you proposed a fine of $50.00 per day to begin
21 days after the date of the hearing and two days later they brought the property into compliance
RA- okay so they saw it and took care of it
AS- yes
RA- okay sounds good and you are requesting that no action be taken in this matter
AS-that is correct,just noted for the record that they were in violation of Chapter 30, Sections 30-
43 Public nuisances and 30-44 General cleaning and beautification
RA- I will make a finding in this case of the City of Okeechobee v. Angela D. Waldron, Case
#230524009 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 weeds, grass,
bushes, or shrubs and trees in need of being cut. Based on the testimony of the certified Code
Enforcement Officer Mr. Smith and the evidence presented I find that there is plenty of factual
basis for the allegations in this case and I will make a finding that even though the respondents
did come into compliance they were in violation of the cited city ordinances between May 9, 2023
until they came into compliance on July 13, 2023. I will follow the city's recommendation that even
though no action be taken in this matter it will be noted for the record to have been in violation of
Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification.
B. Case No. 230712017; Michael J. Garcia, 1207 Southeast 10th 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 an untagged/inoperable vehicle, overgrown weeds,
grass, bushes or shrubs and trees in need of being cut. The respondent is not a repeat violator.
The respondent was first notified on June 15, 2023, via Courtesy Card. On July 3, 2023, Code
Officer Smith inspected the property, still non-compliant, disable/untagged vehicle remains, and
the grass is in need of being cut. On July 12, 2023, Code Officer Smith inspected the property,
still non-compliant, disable/untagged vehicle remains, and another disabled vehicle has been
placed on the property. However, the grass has been cut. SOV/NOH, photos and city ordinances
mailed out via USPS certified return receipt for the August 8th Hearing. Photos in file. The notice
was received by Michael Garcia on July 17, 2023. On July 26, 2023, M. Garcia called and spoke
with Code Officer Smith and advised that he had addressed the issues on the property and that
the property was ready for inspection. I advised him that I would be out tomorrow in the AM to do
an inspection. If anything needed to be addressed, I would call him and let him know. On July 27,
Page 6 of I 1
VI. COMPLIED CASES CONTINUED
B. Case No. 230712017; CONTINUED:
2023, Code Officer Smith inspected the property: in compliance, photos in file. All the issues had
been addressed. Case Closed. Compliance Letter sent out via USPS regular mail. On July 28,
2023, Code Officer Curl received a call from Mr. Garcia inquiring about the status of the case. He
was advised that Code Officer Smith inspected the property and found the property to be in
compliance yesterday and the case was closed. 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- anything you would like to add on behalf of the city Mr. Hyden
GH- no sir
RA- I have a few quick questions. Did you take all the photos Mr. Smith
AS- yes, I did
RA- do these photos accurately represent the conditions of the property at the time they were
taken
AS- yes, they do
RA- there is a second photo in here I just want to make sure I understand the relevance of this
photo. So, the first one it looks like an aerial shot and then there is a second one but in the third
one it is a lone picture of what looks like a red vehicle
AS- the one with the toy in the yard I was showing how high the grass was
RA- oh the grass I was wondering if we were referring to the red car as a disabled vehicle
AS- no it is not, that is a toy
RA- so we are not citing for the red vehicle the child's vehicle
AS- no we are not citing for the toy
RA- okay on the fourth picture there is a white vehicle parked over there beside the bushes, but
it is not the same one that is on the side of the house over here. So which one of these two does
not have a tag
AS- I talked to the homeowner about the second one, it was just a car that was parked there. I
thought it didn't have a tag and it was broken down. But he advised me that it runs and has a tag
RA- okay so this one has a tag, so which one does not have a tag
AS- the one up top
RA- okay I will make a finding in the case of the City of Okeechobee v. Michael J. Garcia, Case
#230712017 the respondent was cited for violation of Chapter 30, Sections 30-41 Disabled
vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having an
untagged/inoperable vehicle, overgrown weeds, grass bushes, or shrubs, and trees in need of
being cut. I will find that based on the testimony of the certified Code Enforcement Officer Mr.
Smith and the exhibits presented at this hearing that there is plenty of factual basis for the
allegations and I will make a finding that the respondent was in violation between June 15, 2023
and till they came into compliance on July 27, 2023. I will follow the city's recommendation in this
case that no further action be taken on this matter, but it will be noted for the record that they were
in violation of the chapters cited in this case. Anything else on this one Mr. Smith
AS- no sir
C. 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 nuisance, Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General
cleaning and beautification, IPMC Chapter 3, Section 304.1.1 Unsafe conditions (Exhibit 6).
AS-violation of Chapter 30, Sections 30-40 Junk, 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. Trash, yard debris or junk all over the property. Chapter 10, Sections 10-3 Limitations
as to the number of animals, 10-8 Public nuisance for having several chickens and a rooster
roaming freely on the property, making noise continuously. IPMC Chapter 3, Section 304.1.1
Unsafe conditions for the roof and the structure being in unsafe conditions. The respondent is not
a repeat violator. On June 13, 2023, Case presented to the Special Magistrate, found in violation
of Chapter 10, Sections 10-3 Limitation as to the number of animals, 10-8 Public nuisance,
Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and
Page 7 of 11
VI. COMPLIED CASES CONTINUED
C. Case No. 230324015; CONTINUED:
beautification, IPMC Chapter 3, Section 304.1.1 Unsafe conditions. A fine of $100.00 per day to
begin 21 days after the date of the Special Magistrate Hearing on June 13, 2023, plus a one-time
$50.00 administrative fee imposed, unless the property owner brings the property into compliance
on or before that date. On June 14, 2023, Lien/Order mailed via USPS certified return receipt to
the address of record and William and Jennifer Hair. Tracking details in file as the City has not
received the signature card back. The notice was delivered to the Hair's on June 17, 2023. On
June 14, 2023, Demolition permit #23-06-236 received, property owner has 90 days to demolish
structure, grade the lot and remove all debris. On June 22, 2023, received an email update from
Jennifer Hair stating that they applied with FPL the day after the hearing, June 14, 2023, and they
are still waiting on FPL to give them a date that the power will be disconnected. She was advised
to keep us updated on the progress. On June 29, 2023, received an email update from Jennifer
Hair stating that FPL got the power done on Monday and OUA got the water meter pulled on
Tuesday. Demo was started on Wednesday, and they will start hauling everything out by
Saturday. They hope to have everything completed by the end of next week. On July 5, 2023,
Code Officer Smith inspected the property; in compliance, the home was demolished, and all
rubble was removed. 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 that
the property was brought into compliance on July 5, 2023, no Lien/Order recorded and no fine
accrued.
RA- anything you would like to add on behalf of the city Mr. Hyden
GH- no sir
RA- we did find them in violation of having several chickens that were making a bunch of noise,
how did you determine that they came into compliance for that issue
AS- all the chickens were removed
RA- oh, all the chickens got removed
AS- yes sir they removed them
RA- okay I was wondering what happened to the chickens, poor chickens. I will make a finding,
well we already found them in violation and set a fine to accrue. Well, the fines didn't accrue
because they came into compliance within 21 days.
AS- yes
RA- So, no further action will be taken on this matter I will follow the city's recommendation and it
will be noted for the record to have come into compliance on July 5, 2023, no Lien/Order recorded,
and no fine accrued. Anything else on this one Mr. Smith
AS- no sir
D. Case No. 221220005; Tarmac Florida Inc, 710 Northeast 3rd Avenue, 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 trees in need of being
cut. Trash, yard debris or junk all over the property, inoperable, abandoned, or unlicensed
equipment and the fence around the property is damaged and is a safety hazard. The respondent
is not a repeat violator. On March 14, 2023, Case presented to the Special Magistrate, found in
violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification, a fine in the amount of $50.00 per day plus a one- time $50.00 administrative fee
imposed to begin 21 days after the date of the Hearing on March 14, 2023, unless the property
owner brings the property into compliance on or before that date. On March 17, 2023, Code
Officer Curl emailed Mr. Davitt to let him know what needed to be done to bring the property into
compliance, photos of the last inspection, city ordinances and the Lien/Order. Copy of email
placed in file. On March 17, 2023, Lien/Order mailed via USPS certified return receipt to Tarmac
FL and Titan of FL. The notice was received by M. Aldred on March 23, 2023, and Tarmac of FL.
on March 25, 2023. On March 23, 2023, received an email from Mr. Matthew Davitt stating that
the email sent on March 17, 2023 was received and they are meeting with several contractors to
discuss their options and that he would send an update next week providing a course of action
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VI. COMPLIED CASES CONTINUED
D. Case No. 221220005; CONTINUED:
and approximate schedule. On April 5, 2023, Code Officer Smith inspected the property, still non-
compliant, photos in file. Lien/Order recorded Official Records File #2023004142 Page(s): 1.
Recorded Lien/Order mailed via USPS certified return receipt. Received by M. Aldred on April 11,
2023, and on April 10, 2023, signature not legible. On April 20, 2023, Code Officer Curl received
a complaint from Mr. William D. Coyle who resides at 307 NE 7th St, Okeechobee, FL. 34974
reference to the dust that is coming from the concrete plant as they are crushing the piles of
concrete. I advised Mr. Coyle that I would speak to the business owner and the crew that is doing
the work and I would provide him with an update. Code Officer Curl spoke with Mr. Matthew Davitt
in reference to the complaint received, he stated he would get in contact with the contractor
completing the work and make sure they are using water to help keep the dust down. He also
asked for an update of what needed to be done to bring the property into compliance. I advised
Mr. Davitt that I would give him an update once I completed an inspection of the property today.
Code Officer Curl inspected the property, the property is still non-compliant, however progress
has been made with the removal of the inoperable/abandon equipment and the beginning of the
removal of the concrete piles, but the chemical containers and piles of crushed concrete still
remain on the property. Code Officer Curl updated Mr. Coyle with the steps that the contractor
will be taking to help lessen the dust from the crushing of the concrete. He was happy with the
changes and stated that he could already see a difference. Code Officer Curl emailed Mr. Davitt
with an update and photos of the work that has been completed. On June 27, 2023, Code Officer
Curl received an email from Mr. Davitt requesting that a compliance inspection be completed on
the property. On June 28, 2023, Code Officer Smith inspected the property, still non-compliant.
On June 30, 2023, Code Officer Curl sent Mr. Davitt an email letting him know that the property
is still non- compliant due to the overgrown vegetation and the large piles of crushed concrete
debris. On July 19, 2023, Representative from Diamond R Fertilizer came into the office and
spoke with Code Officer Curl and Code Officer Smith about what was needed to be done to bring
the property in compliance. Code Officers Smith and Curl inspected the property; still non-
compliant, property is overgrown with grass and weeds, however they have made progress with
removing the large piles of rock. See photos. July 21, 2023, Code Officer Curl inspected the
property, found to be in compliance. Case closed. Photos in file. Existing fine balance of
$5,350.00, plus $50.00 administrative fee, totaling $5,400.00 due. July 25, 2023 Compliance
Letter with fine total emailed to Matthew Davitt and mailed via USPS certified return receipt. The
notice was received by Titan of Florida on July 28, 2023. On August 3, 2023, Lien balance was
paid in full by check#0000487353, Release of Lien prepared for the mayor's signature. The City
request it be noted for the record that the property came into compliance on July 21, 2023. The
fine balance of $5,350.00 plus the $50.00 administrative fee was paid in full on August 3, 2023,
and a Release of Lien recorded, Official Records File #2023009200, Page(s): 1.
RA- anything you would like to add on behalf of the city Mr. Hyden
GH- no sir
RA- you took all the photos Mr. Smith
AS- myself and Code Officer Curl did
RA- I will make a finding that we will note for the record in the case of the City of Okeechobee v.
Tarmac Florida Inc, Case #221220005 that the property came into compliance on July 21, 2023
and the fine balance of$5,350.00 plus the $50.00 administrative fee was paid in full on August 3,
2023 and a Release of Lien was recorded in Official Records File #2023009200, so this is case
closed.
E. Case No. 230712018; Richard Verrochi, 605 Northwest 2nd Street, Violation of Code of
Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances
(Exhibit 8).
AS- violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public
nuisances for storing junk and disabled vehicle in the front and on the side of the property in plain
view and not meeting setbacks. The respondent is not a repeat violator. The respondent was first
notified on June 21, 2023, via Courtesy Card. On July 10, 2023, Mr. Richard Verrochi called in
spoke with Code Officer Smith and advised that he was cleaning up the property and would be
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VI. COMPLIED CASES CONTINUED
E. Case No. 230712018; CONTINUED:
complying by tomorrow. I advised him that I would be by for inspection Wednesday July 12, 2023.
On July 12, 2023, Code Officer Smith inspected the property; still non-compliant. SOV/NOH,
photos and city ordinances mailed out via USPS certified return receipt for the August 8th Hearing.
Photos in file. On July 25, 2023, Code Officer Smith posted A Notice to Appear at the property
and on the public notices board at City Hall. Photos in file. On July 28, 2023, Code Officer Curl
received a call from Mr. Verrochi stating that everything has been moved and cleaned up. On July
31, 2023, Code Officer Smith inspected the property; in compliance, all debris, trailers, boats, etc.
removed from the property. Photos in file. Case Closed. On August 1, 2023, Compliance Letter
sent 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 30-40 Junk, 30-41 Disabled
vehicles, 30-43 Public nuisances.
RA- anything you would like to add on behalf of the city Mr. Hyden
GH- no sir
RA- Mr. Smith you inspected this property
AS- yes, I did
RA- you took all the photos Mr. Smith
AS- yes, I did
RA- and they accurately represent the condition of the property at the time they were taken
AS- yes, they do
RA- Mr. Smith I'm looking at the pictures here I do see a trailer and couple of boats I know the
citation in this case if for storing junk and disabled vehicles how did you determine which trailers
and vehicles were junk and disabled.
AS- he had trailers on the side with a lot of junk and debris all over the top of them. I wasn't talking
as far as the boats as being junk. I was talking about the trailers on the side
RA- okay I see two boats here; one is between a pontoon boat and a trailer is that a disabled
vehicle or junk boat you are referring too
AS- which picture are you looking at
RA- this one right here
AS- no I wasn't considering, yes that is junk and the trailer right next to it that was full of junk
RA- it was full of junk
AS- yes
RA- but the trailer itself is not junk
AS- the trailer itself
RA- yes
AS- one of the trailers was junk, if you look later on in the pictures one of the trailers looked broken
RA- because if you look at the next exhibit, I see two vehicles and they look very nice I don't think
they would be junk right
AS- no the vehicles were not considered junk, I put them down as being untagged and then he
responded back to let me know that they were tagged
RA- okay so they were disabled
AS- no they are not
RA- okay and they were tagged
AS- yes
RA- okay if you look below that there are pictures of what looks like two boats, I mean they look
like kind of nice, one is covered, one is not. So, you discovered that they were junk and untagged
AS- I discovered that he was talking about he was supposed to be fixing them, however he does
not have a BTR for a business and you can not store stuff out front like that
RA- it doesn't look like there is a lot of overgrown vegetation around it, so it doesn't look like it has
been sitting there very long
AS- no it wasn't sitting there very long
RA- okay so it wasn't so the storing junk, the junk that we are referring to is inside the trailers
AS- right it was on the trailers
RA- okay it's hard to see the trailers you can kind of see that there is junk on it
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VI. COMPLIED CASES CONTINUED
E. Case No. 230712018; CONTINUED:
AS- if you look at pictures from 7/12/2023 you can see the broken-down trailer and stuff on the
side of it
RA- okay I see what you are referring to, are you talking about this trailer
AS- that one and the next picture after that
RA- okay I see the trailer on the ground, so you are referring to the trailer for the storing of the
junk and disabled vehicle
AS- yes
RA- okay and you also cited for not meeting setbacks, so is that considered not meeting the
setback requirements
AS- yes those are not meeting setbacks
RA- okay what is the setback requirements
AS- I don't know right off hand, but I can get them and send them to you
RA- okay
AS- but he just removed the boats anyway
RA- I will make a finding in the case of the City of Okeechobee v. Richard Verrochi, Case
#230712018 I will make a finding that the respondents in this case was cited for violation of
Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances for allegedly
storing junk, and disabled vehicles in the front and on the side of the property in plain view and
not meeting setbacks, and based on the testimony of the certified Code Enforcement Officer Mr.
Smith and the exhibits presented this hearing that there is factual basis for the allegations and
will note for the record even though the property did come into compliance it was in violation from
June 21, 2023 until they came into compliance on July 31, 2023.
VII. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hearing was adjourned at
7:11 P.M.
BE ADVISED that should you intend to show any document, picture, video, or items (collectively, "materials") to the Special
Magistrate in support or opposition to any item on the agenda, a copy of the materials must be provided to the Code
Enforcement Secretary for the City's records. You will be required to sign a form certifying that all personal information
has been redacted from the materials you wish to provide.
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 11 of 11