2023-10-10 Draft Minutes OK�N_ CITY OF OKEECHOBEE CODE ENFORCEMENT
OCTOBER 10, 2023, SPECIAL MAGISTRATE HEARING
,,•
.;:or DRAFT — OFFICIAL MINUTES
CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to
order on Tuesday, October 10, 2023, at 6:00 P.M. in the City Council Chambers, located
at 55 Southeast (SE) 3rd Avenue (Ave), Room 200, Okeechobee, Florida. The Pledge of
Allegiance was led by Special Magistrate Azcona.
II. ATTENDANCE
Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger Azcona,
Esquire, and Code Enforcement Officer Anthony Smith were present. City Attorney Greg
Hyden attended via Zoom.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be added,
deferred, or withdrawn; there were none.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
September 12, 2023, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively
administered an Oath to: Code Officers Smith and Curl, Mr. James Ramsey, and
Ms. Ruby Minton; all affirmed. Code Officers Smith and Curl stated for the record
all events regarding the cases to be discussed occurred within the corporate limits
of the City of Okeechobee. The Officer's notes, testimony, photographs, and
support documents were all entered as part of the official record.
V. REPEAT VIOLATORS
A. Case No. 230918005; Freddie L. and Ruby L. Minton, 302 Northeast (NE) 8th Ave,
Okeechobee [Legal Description: Lot 17, RIVER RUN RESORT, Plat Book 6, Page
18, Okeechobee County public records].
Code Officer Smith testified that the property is 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. The respondent is a repeat violator.
A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via United
States Postal Service (USPS) certified return receipt on September 18, 2023. The
notice was received by Ruby Minton on September 21, 2023. The property was
inspected and found to be non-compliant on October 3, 2023. To comply with City
Ordinances, the property owner needs to cut all weeds, grasses, or undergrowth
to a height not to exceed 8-inches on the entire property and trim landscaping to a
neat appearance not to adversely affect the aesthetic of the property or adjacent
properties, remove or tag all the inoperable/abandoned/unlicensed vehicles on the
property, and remove all the trash/debris from the property. The City recommends
a fine of $150.00 per day, to begin 21-days after the Special Magistrate Hearing
on October 10, 2023, unless the property owner brings the property into
compliance on or before that date, plus a $100.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case No.
230918005 to be 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 imposed a fine of $150.00 per day plus a one-time
administrative fee of $100.00 should the property fail to come into
compliance within 21-days after the date of this Hearing.
VI. NEW CASES
A. Case No. 30808008; Kimberly Kocher, 918 Northwest (NW) 9th Street (St),
Okeechobee [Legal Description: East half of Lot 15, and all of Lot 16 of Block 42,
-October 10, 2023, Special Magistrate Hearing, Page 1 of 3
VI. NEW CASES CONTINUED
A. Case No. 230808008; CONTINUED: CITY OF OKEECHOBEE, Plat Book 5 Page
5, Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of Ordinances
Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44
General cleaning and beautification. The respondent is not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on July 19, 2023. The property
was inspected and found to be non-compliant on August 3, 2023. A SOV/NOH was
mailed via USPS certified return receipt on August 8, 2023. The notice was
received by Kimberly Kocher on August 15, 2023. The property was inspected and
found to be non-compliant on September 22, 2023 and October 4, 2023. To comply
with City Ordinances, the property owner needs to cut all weeds, grasses, or
undergrowth to a height not to exceed 8-inches on the entire property and trim
landscaping to a neat appearance not to adversely affect the aesthetic of the
property or adjacent properties and remove the disabled boat from the property.
The City recommends a fine of$50.00 per day, to begin 21-days after the Special
Magistrate Hearing on October 10, 2023, unless the property owner brings the
property into compliance on or before that date, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case No.
230808008 to be in violation of Code of Ordinances Chapter 30, Sections 30-
41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and
beautification and imposed a fine of $50.00 per day plus a one-time
administrative fee of$50.00 should the property fail to come into compliance
within 21-days after the date of this Hearing.
B. Case No. 230808014; Joesph G. and Lydia C. Entry, 1901 NW 7th Ave,
Okeechobee [Legal Description: Lot 6 and South half of Lot 5 of Block 44 and
North half of 17th St lying adjacent to Lot 6, CONNERS HIGHLANDS, Plat Book 1,
Page 21, Okeechobee County public records]. No action on this matter was
requested but is noted for the record to have been in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning
and beautification and International Property Maintenance Code (IPMC) Chapter
1, Sections 111.1.1 Unsafe structure, 111.1.3 Structure unfit for human occupancy,
111.1.5 Dangerous structure or premises, the property was found to be in
compliance on October 4, 2023, no Lien/Order recorded, no fine accrued.
C. Case No. 230817008; Yvette Banner, 913 NW 9th St, Okeechobee [Legal
Description: Lot 7 of Block 43, CITY OF OKEECHOBEE, Plat Book 1, Page 10
and re-recorded in Plat Book 5, Page 5, Okeechobee County public records]. No
action on this matter was requested but is 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, the property was
found to be in compliance on October 4, 2023, no Lien/Order recorded, no fine
accrued.
D. Case No. 230817007; Tanglewood LTD do A & M Properties, Inc, 420 NW 9th St
[Legal Description: Lots 7 to 20 Inclusive and alley between said lots of Block 38,
CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public
records].
Code Officer Smith testified that the property is in violation of Code of Ordinances
Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification and IPMC Chapter 3, Section 304.1.1 Unsafe conditions. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular
mail on July 19, 2023. The property was inspected and found to be non-compliant
on August 3, 2023 and August 17, 2023. A SOV/NOH was mailed via USPS
certified return receipt on August 17, 2023. The notice was received by Erin Wilson
on August 21, 2023. The property was inspected and found to be non-compliant
on October 4, 2023. To comply with City Ordinances the property owner needs to
remove all the debris from the property and repair/replace all the roofs on the
buildings. The City recommends a fine of $100.00 per day to begin 21-days after
the Special Magistrate Hearing on October 10, 2023, unless the property owner
brings the property into compliance on or before that date, plus a $50.00
administrative fee.
-October 10, 2023, Special Magistrate Hearing, Page 2 of 3
VI. NEW CASES CONTINUED
D. Case No. 230817007; CONTINUED: Based on the evidence provided, Special
Magistrate Azcona found Case No. 230817007 to be in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification and IPMC Chapter 3, Section 304.1.1 Unsafe
conditions and imposed a fine of $100.00 per day plus a one-time
administrative fee of$50.00 should the property fail to come into compliance
within 45-days after the date of this Hearing.
VII. COMPLIED CASES
A. Case No. 230817006; Christiano S. Gros, 1100 SE 5th St, Okeechobee [Legal
Description: Lots 2, 3, and 6 of Block 7, WRIGHT'S FIRST ADDITION TO
OKEECHOBEE, Plat Book 1, Page 13, Okeechobee County public records]. No
action on this matter was requested but is noted for the record to have been in
violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-
44 General cleaning and beautification, the property was found to be in compliance
on August 29, 2023, no Lien/Order recorded, no fine accrued.
B. Case No. 221221016; 130 Palm Beach Properties LLC, NW 11th St, Okeechobee
[Legal Description: Lots 7, 8, 9, 10, and 11 of Block 30, CITY OF OKEECHOBEE,
Plat Book 1, Page 10 and Plat Book 5, Page 5, Okeechobee County public
records]. No action on this matter was requested but is noted for the record to have
been in violation of Code of Ordinances Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, the property was found to
be in compliance on August 21, 2023, and that there is an existing lien in the
amount of$8,300.00 plus a $50.00 administrative fee.
VIII. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the Hearing was
adjourned at 7:06 P.M.
Roger Azcona, Special Magistrate
ATTEST:
Christina Curl
Please take notice and be advised that when a person decides to appeal any decision made by the
Special Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure
that a verbatim record of the proceeding is made, which record includes the testimony and evidence
upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official
records of the Clerk.
`t-October 10, 2023, Special Magistrate Hearing, Page 3 of 3