2023-09-12 Handwritten MinutesCITY OF OKEECHOBEE CODE ENFORCEMENT
SEPTEMBER 12, 2023, SPECIAL MAGISTRATE HEARING
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 September 12, 2023, at 6:01 P.M. in the City Council Chambers located at 55 Southeast
311 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. 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 August 8, 2023
Minutes.
B. This being a Quasi- Judicial proceeding, Special Magistrate Azcona collectively administered an
Oath to Code Officers Smith, and Curl.
V. REPEAT VIOLATORS
A. Case No. 230719014; Charlie T. Merry, Jr.
Violation of Code of Ordinances Chapter 30,
cleaning and beautification (Exhibit 1).
AS- violation of Chapter 30, Sections 30-43
and Diane H. Merry, 404 Northeast 8t" Avenue,
Sections 30-43 Public nuisances, 30-44 General
Public nuisances, 30-44 General cleaning and
beautification for having junk/debris all over the property, overgrown weeds, grass, bushes, or
shrubs in need of being cut and maintained, and the exterior of the home in need of maintenance
and cleaning. The respondent is a repeat violator, previous Case #210318010. On July 19, 2023
SOV/NOH, photos and city ordinances mailed via USPS certified return receipt for the September
12, 2023 Hearing. The notice was returned unclaimed on August 15, 2023. On August 16, 2023,
A Notice to Appear posted at City Hall and the property. Photos in file. The homeowner's daughter
called into the office spoke to Code Officer Curl using profanity and being verbally aggressive.
Code Officer Curl ended the call. Lt. Taylor was advised of the situation. The homeowner's
daughter came into the office and spoke with Code Officer Smith and was advised on what she
needed to do to bring the property in compliance and to maintain the property once in compliance.
On September 5, 2023, Code Officer Smith inspected the property; still non -compliant, progress
has been made the carport has been cleaned up and organized, however the grass and weeds
are still in need of being cut and the exterior of the home is in need of maintenance/cleaning. To
comply with City ordinances, property owner needs to cut all overgrown vegetation and clean the
Page 1 of 9
V. REPEAT VIOLATORS CONTINUED
A. Case No. 230719014 CONTINUED: exterior of the home. The City recommends a fine of $100.00
per day, to begin 21 days after the date of the Special Magistrate Hearing on September 12, 2023,
unless the property owner brings the property into compliance on or before that date, plus a
$100.00 administrative fee.
RA- you took these photos Mr. Smith
AS- yes, I did
RA- so the allegation in this case is for overgrown grass, weeds, junk, and debris
AS- that is correct
RA- what are you considering to be junk
AS- the lawnmower with the flat tires sitting in the middle of the yard, all the debris on the carport,
all the debris in the yard and the pool ladder on the fence
RA- approximately how tall was the grass
AS- approximately 13-18 inches
RA- the fine that you are recommending is $100.00 per day is this fine higher than normal
AS- yes because they are repeat violators and is consistent with the city's fine schedule
RA- anything you would like to add on behalf of the city Mr. Hyden
GH- when was the last time you inspected the property
AS- September 5, 2023
GH- and the photos that were taken represent the conditions of the property at the time they were
taken
AS- that is correct
RA- I will make a finding in the case of the City of Okeechobee vs. Charlie T. Merry, Case
#230719014 1 will find that the respondent is in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification for having junk/debris all over the property,
overgrown weeds, grass, bushes, or shrubs in need of being cut and maintained and the exterior
of the home in need of maintenance and cleaning. I will make a finding that the respondent is a
repeat violator, and I will follow the city's recommendation of a fine of $100.00 per day, plus a
$100.00 administrative fee to begin 21- days after the date of this Hearing on September 12,
2023, unless the property owner brings the property into compliance on or before that date.
B. Case No. 230720007; Harry A. and Betty A. Schock, 1805 Northwest 7th Avenue, Violation of
Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General
cleaning and beautification (Exhibit 2).
AS- violation of Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning
and beautification for having junk, debris, and trash all over the front of the property, a roll off
dumpster in the front yard filled to the rim with debris all around it, house appliances in the middle
of the yard, overgrown grass, weeds, shrubs, and bushes. The respondent is a repeat violator,
previous Case #221118023. On July 20, 2023 SOV/NOH, photos and city ordinances mailed via
USPS certified return receipt for the September 12, 2023 Hearing. The notice was returned
unclaimed on August 15, 2023. On August 3, 2023 Code Officer Smith inspected the property:
still non -compliant, none of the issues have been addressed. On August 16, 2023, A Notice to
Appear posted at City Hall and the property. The homeowner called into the office, spoke to Code
Officer Smith and was advised what he needed to do to get the property in compliance and to
maintain the property once in compliance. On September 5, 2023 Code Officer Smith inspected
the property; still non -compliant, the roll off dumpster was removed from the property however,
junk and debris remain all over the property, and overgrown vegetation. Photos in file. To comply
with City ordinances, the property owner needs to cut all overgrown vegetation and remove all
junk and debris from the property. The City recommends a fine of $100.00 per day, to begin 21
days after the date of the Special Magistrate Hearing on September 12, 2023, unless the property
owner brings the property into compliance on or before that date, plus a $100.00 administrative
fee.
Page 2 of 9
V. REPEAT VIOLATORS CONTINUED
B. Case No. 230720007; CONTINUED: RA- anything you would like to add on behalf of the city Mr.
Hyden
GH- Mr. Smith you took the photos in the file
AS- yes, I did
GH- and they represent the condition of the property at the time they were taken
AS- yes, they do
RA- in the case of the City of Okeechobee vs. Harry A. and Betty A. Schock, Case #230720007
the respondents in this case were cited for violation of Chapter 30, Sections 30-40 Junk, 30-43
Public nuisances, 30-44 General cleaning and beautification for having junk, debris, and trash all
over the front of the property. A roll off dumpster in the front yard filled to the rim with debris all
around it, house appliances in the middle of the yard, overgrown grass, weeds, shrubs, and
bushes. I will make a finding that the respondent was properly notified even though the certified
mail was returned. Did you speak with him, Mr. Smith?
AS- yes, I did the day I posted it.
RA- oh okay you did speak with him, based on the testimony and the examination of these photos
will also make a finding that the respondent is a repeat violator and that the respondent be fined
$100.00 per day plus $100.00 administrative fee to begin 21 days after the date of this hearing
on September 12, 2023 unless the property owner brings the property into compliance on or
before that date.
C. Case No. 230719011; Blue Spring Holdings LLC, Northeast 91" Avenue, Violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification (Exhibit 3).
AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification for having vacant lots with overgrown grass, weeds, bushes, or shrubs and trees.
The respondent is a repeat violator previous Case #191115015. The respondent was first notified
on June 6, 2023 via a phone call to the Property Manager, Steve Dobs. On July 5, 2023 Code
Officer Curl received a call from Mr. Moshier again, he stated that the vacant lots have not been
mowed. I advised Mr. Moshier that I will be out to inspect the properties again and will be sending
an official notice to the property owner. On July 6, 2023 Code Officer Curl made contact with
Steve Dobs, property manager at (863) 634-0194 and advised him that I had received a second
complaint about the property being overgrown and in need of being cut. He stated that he would
take care of it. On July 18, 2023 Code Officers Curl and Smith inspected the property still non-
compliant; the vacant lots are still overgrown. Photos in the file. On July 19, 2023 SOV/NOH, city
ordinances and photos mailed via USPS certified return receipt for the September 12, 2023
Hearing. The City has not received the notice nor the signature receipt card back as of the date
of this Hearing. On August 14, 2023 Code Officer Smith met with the contractor (863-532-1526)
that was being hired to cut the Blue Springs property and advised him what was needed to be
completed to bring the property in compliance. He advised me that he should have the property
cut in a week. On August 31, 2023 Property owner called in and spoke to Code Officer Smith and
advised me that he had just had a surgical procedure and that he would be down for some weeks
and that he would call B and B Site Development to complete the cutting of the property. Steve
Dobbs called in to the office and spoke to Code Officer Curl and she advised him what needed to
be done to bring the property into compliance. On September 5, 2023 Code Officer Smith
inspected the property; still non -compliant, none of the issues had been addressed. Photos in file.
To comply with City ordinances, the property owner needs to cut all the overgrown vegetation.
The City recommends a fine of $100.00 per day, to begin 21 days after the date of the Special
Magistrate Hearing on September 12, 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 Mr. Hyden
GH- Code Officer Smith you were the one who took the photos
Page 3 of 9
V. REPEAT VIOLATORS CONTINUED
C. Case No. 230719011; CONTINUED: AS- myself and Code Officer Curl did
GH- who took the photos on 9/5/23
AS- I did
RA- how tall is the grass
AS- approximately 2-3 feet
RA- how tall was the grass on the property in the back
AS- 36-48 inches and we are only asking them to cut the grass back 30 feet from the property
line
RA- Mr. Smith the picture below that taken on June 2, 2023 at 14:55 basically the same group of
photos here, you are alleging that all this vegetation under the palm trees is a violation
AS- that is correct, and I got a picture next to a cut yard that shows how high the grass is giving
you the contrast
AS- okay I see I can agree to that
RA- looking at the photos I can see that the grass around the pond is pretty high, how tall do you
estimate the grass to be
AS- 24-36 inches
RA- okay I just wanted to make sure, after that it is the same vegetation under the trees
AS- yes
RA- okay I understand this file and then you took some photos on September 5, 2023, you took
these photos Mr. Smith
AS- yes, I took the photos
RA- and these are the same violations
AS- yes, nothing had been done yet
RA- okay are we ready to make a finding on the record Mrs. Curl
CC- yes sir
RA- anything else you would like to add on this one Mr. Hyden
GH- no sir
RA- I will make a finding in the case of the City of Okeechobee vs. Blue Spring Holdings LLC,
Case #230719011 that the property owner has a previous violation and is a repeat violator and
the respondent was cited for violation of Chapter 30, Sections 30-43 Public nuisances, 30-44
General cleaning and beautification and the respondent was properly served and based on the
testimony and the exhibits presented that there is sufficient factual basis for the allegations there
is plenty of overgrown grass and vegetation there is plenty of vegetation under the palm trees that
have not been cut and the respondents have not come into compliance as of September 5. 2023
since they are repeat violators, I will follow the city's recommendation of a fine of $100.00 per day
plus a $100.00 administrative fee to begin 21 days after the date of this hearing on September
12, 2023 unless the property owner brings the property into compliance on or before that date.
VI. NEW CASES
A. Case No. 230809011; Okbee Outparcel LLC, 510 Northeast Park 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 grass, and weeds on all sides of the property and debris on
the side and front of the property. The respondent is not a repeat violator. The respondent was
first notified on July 20, 2023 via Courtesy Card. On July 31, 2023 Lane Samardge, VP, Asset
Management with Okbee Outparcel LLC call and stated that they have the property cleaned up.
On August 3, 2023 Code Officer Smith inspected the property: still non -compliant, Dumpster and
the trash around the dumpster needs to be removed. Photos in file. On August 9, 2023 SOV/NOH,
photos and city ordinances mailed via USPS certified return receipt for the September 12, 2023
Hearing. The notice was received by N. Jones on August 12, 2023. On September 5, 2023 Code
Page 4 of 9
VI. NEW CASES CONTINUED
A. Case No. 230809011; CONTINUED: Officer Smith inspected the property; still non -compliant, the
roll off has been removed from the property, however debris remains on the property and
overgrown grass and weeds around and in the retention pond. Photos in file. To comply with City
ordinances, the property owner needs to remove all the debris on the property and 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 September 12, 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 Mr. Hyden
GH- Code Officer Smith are you the one who took the photos on 9/5/23 in the file
AS- yes, I did
GH- as far as debris you are referring to the mattresses that are out and the stuff on the ground
AS- that is correct
GH- are there any other violations that need to be cleaned up at this point
AS- that is it at this point, the property is going to be under construction soon however the grounds
were not being taken care of
GH- I have nothing further
RA- okay thank you Mr. Hyden I have a few questions; Mr. Smith I am looking at the building that
is included in your photos, is there anything as far as the building that you thought was part of the
violation
AS- the outside of the building could use maintenance as well as you can see but like I said come
to find out that the building will be going under construction to be redone to be turned into a
business
RA- oh okay
AS- so that was going to be taken care of at a later date
RA- so you did not cite them for condition of the building, just for the surroundings
AS- no and right
RA- and they did respond to you
AS- yes, they did
RA- I will make a finding in this case of the City of Okeechobee vs. Okbee Outparcel LLC, Case
#230809011 that the respondents in this case were cited for Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification for having overgrown grass and weeds on
all sides of the property and debris on the side and front of the property. I will make a finding that
the respondents were properly served with due process in this case and made aware of the
violation and based on the testimony of the certified Code Enforcement Officer and the exhibits
presented at this hearing. I will make a finding that the respondents are in violation there is plenty
of factual basis provided in the testimony and the examination of the exhibits I can see that there
is pictures of overgrown vegetation on the property and I can see what looks like debris, I can see
a big trash container that is full of debris and trash, there is tires on the side of the building and
the grass looks like it is about 24 inches and hasn't been cut, there is a mattress on the side of
the thing, there is plenty of overgrown vegetation on the property. I will find the respondents in
violation, and I will follow the city's recommendation of a fine of $50.00 per day plus a $50.00
administrative fee to begin 21 days after the date of this hearing September 12, 2023 unless the
property owner brings the property into compliance on or before that date.
B. Case No. 230809007; Justin Booth, 105 Northeast 8th Avenue, 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 grass,
weeds, and shrubs. The respondent is not a repeat violator. The respondent was first notified on
July 19, 2023 via Courtesy Card. On August 3, 2023 Code Officer Smith inspected the property,
still non -compliant, the grass needs to be cut and the untagged/disabled vehicle remains. Photos
in file. On August 9, 2023 SOV/NOH, photos and city ordinances mailed out via USPS certified
return receipt for the September 12th Hearing. Photos in file. The item was delivered, left with
individual per USPS tracking on August 12, 2023. On September 5, 2023 Code Officer Smith
Page 5 of 9
VI. NEW CASES CONTINUED
B. Case No. 230809007; CONTINUED: inspected property; still non -compliant, the disabled vehicle
was removed however the grass and weeds need to be cut. Photos in file. 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
September 12, 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 Mr. Hyden
GH- Code Officer Smith looking at the photos from 8/3/23 the grass is at or above the bumper of
the van
AS- that is correct
GH- you took the photos on 9/5/23
AS- yes, I did
GH- does it appear that the grass has been mowed at some point
AS- I believe it had, however the grass was just as high when I came back by again
GH- so you are saying that the grass was just as high on September 5th as it had been previously
when the grass was above the bumper of the van
AS- yes, that is correct
GH- and the fee that the city is recommending is consistent with the city's fine schedule
AS- that is also correct
GH- nothing further
RA- okay, thank you Mr. Hyden, Mr. Smith a few follow-up questions, you said the owners were
given a Courtesy Card
AS- yes, they were
RA- was it given to a person
AS- it was mailed via regular mail
RA- was it returned
AS- no and we also send out a SOV/NOH and it was delivered
RA- it was delivered, was it signed for
AS- it was delivered, left with individual per USPS tracking on August 12th
RA- okay so it was received
AS- yes, that is correct
RA- do you agree Mr. Hyden that satisfies the requirement of notice
GH- yes, I think it does sir
RA- okay, I will make a finding in this case of the City of Okeechobee vs. Justin Booth, Case
#2308090071 will make a finding that the respondent 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 for having untagged/inoperable vehicle on the property, overgrown grass, weeds,
and shrubs. I will make a finding that the respondent received proper notice based on the tracking
information from USPS it was received and not return and based on the testimony of the certified
Code Enforcement Officer and the exhibits presented at this hearing I will make a finding that
there is plenty of factual basis for the allegations in this case. From examining the exhibits I can
see that there is overgrown grass and weeds and there is a van that has been parked there for a
while and there is no tag on it and the grass appears to be over 12 inches tall. I will find the
respondents in violation and will follow the city's recommendations of a fine of $50.00 per day
plus a $50.00 administrative fee to begin 21 days after the date of this hearing on September 12,
2023 unless the property owner brings the property into compliance on or before that date
VI1. COMPLIED CASES
A. Case No. 230712003; Pioneer Property Investments LLC, 1265 Southeast 21 st St, Violation of
Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification, International Property Maintenance Code Chapter 3, Section 304.1.1 Unsafe
conditions (Exhibit 6).
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, and the home exterior in need of maintenance. IPMC Chapter 3, Section 304.1.1 Unsafe
Page 6 of 9
VII. COMPLIED CASES CONTINUED
A. Case No. 230712003; CONTINUED: conditions for the roof being in unsafe condition, missing
shingles. The respondent is not a repeat violator. The respondent was first notified on June 26,
2023 via Courtesy Card. On July 10, 2023 Code Officer Smith inspected the property: still non-
compliant, the roof remains a concern and the exterior of the building in need of being cleaned.
The trash can remain in the middle of the driveway with the lid wide open. The debris in the
driveway was picked up and the grass and bushes have been cut. On July 12, 2023 SOV/NOH,
photos and city ordinances mailed out via USPS certified return receipt for the August 81" Hearing.
Photos in file. The City has not received the notice nor the signature receipt card back as of the
date of this hearing. On July 16, 2023 Property was acquired by MD Rahman & Mosa Begum
from Pioneer Property Investments LLC. 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 August 9,
2023 Code Officer Curl received a call from MD Rahman who stated that the roof has been
replaced and everything has been cleaned up. Code Officer Smith inspected the property; in
compliance, all violations have been addressed. 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,
30-44 General cleaning and beautification and International Property Maintenance Code (IPMC)
Chapter 3, Section 304.1.1 Unsafe conditions.
RA- anything you would like to add Mr. Hyden
GH- no sir
RA- I will make a finding in this case of the City of Okeechobee vs. Pioneer Property Investments
LLC, Case #230712003 that the respondent in this case was cited for violation of Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, IPMC Chapter 3,
Section 304.1.1 Unsafe conditions for having overgrown weeds, grass, bushes, or shrubs, and
trees in need of being cut. The home exterior in need of maintenance and the roof in unsafe
conditions with missing shingles. I will find the respondent in violation and based on the testimony
of the certified Code Enforcement Officer Mr. Smith that even though the property came into
compliance before the due date and this hearing, and they were served with proper notice and
that they did come into compliance by conducting all the repairs and doing the clean-up of the
entire property. After examination of the exhibits presented at this hearing today and hearing the
testimony of the certified Code Enforcement Officer there is plenty of factual basis for the
allegations. I will follow the city's recommendation that no further action be taken on this matter
and will be noted for the record to have been in violation before they did come into compliance.
B. Case No. 230621009; Grand Lake Investments Inc, Northwest 5t" 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 a vacant lot with overgrown grass/weeds in need of being cut. The respondent
is a repeat violator, previous Case #220601005. On July 11, 2023, the case was 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 $150.00 per day to begin 21-days after the date of
the hearing, plus a $100.00 administrative fee imposed. On July 12, 2023 Lien/Order mailed via
USPS certified return receipt. 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. 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 from June 12, 2023 until the property came into compliance on August
1, 2023, no lien/order was recorded, no fine accrued.
RA- anything you would like to add Mr. Hyden
GH- no sir
RA- I will make a finding in this case of the City of Okeechobee vs. Grand Lake Investments Inc,
Case #230621009 that they were previously found in violation and the respondent did respond
and brought the property into compliance before any fines accrued and will note for the record
that they were previous violators and in violation this time but did come into compliance.
Page 7 of 9
VII. COMPLIED CASES CONTINUED
C. Case No. 230727011; Tom Nguyen, 210 Southeast 311 Street, Violation of Code of Ordinances
Chapter 70, Section 70-251 Permit required (Exhibit 8).
AS- violation of Chapter 70, Section 70-251 Permit required for having a shed placed or built on
the property without a permit. The respondent is not a repeat violator. The respondent was first
notified on June 15, 2023 via Courtesy Card. On June 29, 2023 Code Officer Smith verified with
Ashely, General Services that the property owner came into the office and was advised what he
needed for a permit for the shed on his property. On July 25, 2023 Code Officer Smith verified
with Ashely at General services that he has not completed a permit for the shed. On July 27, 2023
SOV/NOH, and city ordinances mailed via USPS certified return receipt for the September 121h
Hearing. The notice was picked up at the post office, signature not legible on August 3, 2023. On
August 9, 2023 1 Code Officer Smith accompanied Jeff Newell the City's Building Official to the
above -mentioned home to inspect a shed on the property. Jeff advised the homeowner that the
shed does not meet setbacks and the homeowner doesn't have any plans for the shed and no
engineer signing off on the structure, so the shed must be taken down. On August 17, 2023 the
homeowner came into the office and spoke with Code Officer Smith and advised that he had
taken down the shed and was ready for inspection. Code Officer Smith inspected the property; in
compliance, shed was taken down. Photos in file. Case Closed. 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 70 Section 70-251 Permit required from June 12, 2023
until the property came into compliance on August 17, 2023, no lien/order was recorded, no fine
accrued.
RA- anything you would like to add Mr. Hyden
GH- no sir
RA- I will make a finding in the case of the City of Okeechobee vs. Tom Nguyen, Case
#230727011 that the respondent in this case was cited for violation of Chapter 70, Section 70-
251 Permit required for placing a shed on the property without a permit and based on the
testimony of the certified Code Enforcement Officer and the exhibits presented the respondent
was in violation because he did not have a permit but after he removed it he did come into
compliance and I will follow the city's recommendation of no action be taken on this matter but
will note for the record to have been in violation of Chapter 70, Section 70-251 Permit required
from June 12, 2023 until they came into compliance on August 17, 2023, no lien/order recorded
and no fine accrued.
D. Case No. 230720009; Chad T. and PJ Carter, 501 Southwest 14th Court, Violation of Code of
Ordinances Chapter 10, Section 10-8(b) Public nuisance (Exhibit 9).
AS- violation of Chapter 10, Section 10-8(b) Public nuisance for unsanitary disposal of dog feces
and foul odors coming from the dog pens. The respondent is a repeat violator, previous Case
#211014016. On July 7, 2023 Code Officer Curl tried to make contact with the property owner Mr.
Chad Carter, (863) 801-5121, no answer, left message. On July 18, 2023 Code Officers Curl and
Smith inspected the property, found to be in violation of Chapter 10, Section 10-8(b) Public
nuisance for unsanitary disposal of dog feces and foul odors coming from the dog pens. On July
20, 2023 SOV/NOH, photos, and ordinances mailed via USPS certified return receipt for the
September 12, 2023 Hearing. The City has not received the notice, nor the signature card back
as of the date of this Hearing. On August 31, 2023 Code Officers Smith/Curl inspected the
property, found to be in compliance the dog pens have been removed from the property. On
September 1, 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
10, Sections 10-8(b) Public nuisance from July 7, 2023 until the property came into compliance
on August 31, 2023, no lien/order recorded, no fine accrued.
RA- anything you would like to add Mr. Hyden
GH- no sir
RA- I will make a finding in the case of the City of Okeechobee vs. Chad T. and PJ Carter, Case
#230720009 that the respondents in this case was cited for violation of Chapter 10, Section 10-
8(b) Public nuisance for unsanitary disposal of dog feces and foul odors coming from the dog
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VII. COMPLIED CASES CONTINUED
D. Case No. 230720009; CONTINUED: pens, it has also been noted that they are previous violators,
the previous Case #211014016, even though the respondents did come into compliance based
on the testimony of the certified Code Enforcement Officer and the exhibits presented I will make
a finding that the respondent was in violation of Chapter 10, Section 10-8(b) Public nuisances
from July 7, 2023 until they came into compliance on August 31, 2023. 1 actually have a follow-up
question, Mr. Smith the allegations in this case is unsanitary disposal and foul odors. Were you
able to go on the property and smell anything
AS- yes Code Officer Curl did
RA- okay, Code Officer Curl how far were you from the premises
CC- I was actually still by the road and you could smell it
RA- oh okay you could smell it
CC- yes
RA- oh okay did you actually approach the dog pens
CC- I didn't go completely to the dog pens, I just zoomed in with the camera and took pictures
RA- oh okay so could you actually see any feces at all
CC- yes
RA- okay alright that will be factual basis, I will make a finding then the certified Code Enforcement
Officer in this case could actually see feces in the dog pens and smell foul odors from the street
so that will be in this case so that will be the factual basis for the allegations in this case and the
respondents in this case were in violation from July 7, 2023 until August 31, 2023. Even though
they did come into compliance it will be noted for the record and this will also constitute a prior
violation even though they did come into compliance.
Vill. 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.
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