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2023-10-10 Handwritten Minutes „f0Fy cF ci FFc �'""�''•- CITY OF OKEECHOBEE CODE ENFORCEMENT '� . y°gym; OCTOBER 10, 2023, SPECIAL MAGISTRATE HEARING 010 ,, 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 a �`. HANDWRITTEN MINUTES — CHRISTINA CURL irsowwwiN 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 October 10, 2023, at 6:00 P.M. in the City Council Chambers located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. II. ATTENDANCE Present Absent Special Magistrate Roger Azcona, Esquire _x City Attorney Greg Hyden _x Police Administrative Lieutenant Bettye Taylor 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 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. V. REPEAT VIOLATORS A. Case No. 230918005; Freddie L. and Ruby L. Minton, 302 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, Chapter 54, Sections 54-81 Use as a residence, 54-84 Parking in residential district (Exhibit 1). RA- is there anyone here for this case AS- yes, Ms. Minton RA- could you stand over here ma'am RM- I need to stand, I can't stand for long periods of time if I am moving, I am good, but I can't stand in one place RA-you can stay there if is more convenient for you, okay we are calling your case now, go ahead Mr. Smith AS- 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 a residential district for having several inoperable/abandoned/unlicensed vehicles on the property, overgrown weeds, and bushes, junk/debris all over the property, and a recreational vehicle being used as a residence, parked in a residential district without having such vehicle 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, without maintaining the applicable rear and side yard setbacks. The respondent is a repeat violator, previous case#220222009. On September 8, 2023 Page 1 of 11 V. REPEAT VIOLATORS CONTINUED A. Case No. 230918005; CONTINUED: Code Officer Curl spoke with the property owner's son during the initial inspection of the property and explained to him what needed to be done to bring the property into compliance and advised him that he had a week to remove the RV from the property. On September 15, 2023 Code Officer Curl inspected the property, still non-compliant, no progress has been made. She spoke with the property owner's son and explained to him again what needed to be addressed. He stated that he had been sick but would get everything taken care of. On September 18, 2023 SOV/NOH, photos, and City Ordinances mailed via USPS certified return receipt for the October 10, 2023 Hearing. The notice was received by Ruby Minton on September 21, 2023. On October 3, 2023 Code Officer Smith inspected the property; still non- compliant, several untagged/ disabled vehicles on the property, tent in the back of the property being used as a residence and overgrown grass and weeds needs to be cut, and trash debris on the property. Photos in file. To comply with City ordinances, the property owner needs to cut all the overgrown vegetation, remove, or tag the disabled vehicles, and remove all the trash and debris on the property. The City recommends a fine of $150.00 per day, to begin 21 days after the date of the Special Magistrate Hearing on October 10, 2023, unless the property owner brings the property into compliance on or before that date, plus a $100.00 administrative fee. RA- I would like to hear from the respondent in this case, what is your name RM- Ruby Minton RA- Ms. Minton you have heard the allegations in this case in pertaining to violation of some city codes for allegations stating that there are some inoperable/abandoned/unlicensed vehicles on the property and overgrown grass, weeds and bushes, junk/debris all over the property and a recreational vehicle being used as a residence and parked in a residential district without such vehicle being stored properly in a garage and the city is seeking to fine you in this case $150.00 per day for the violations to begin 21 days after the date of this hearing but pertaining to the alleged violations Ms. Minton what would you like to say RM- yes, I have, the vehicle that they said was being used as a residence that is not true it was it was brought there, and the gentleman that was supposed to come get it something happened in his family, and he couldn't come get it, but he finally came and got it. RA- so it is no longer there RM- no it hasn't been there and if he would drive by, he would have seen its not there, and the overgrown weeds they are not my weeds it is the city's weeds RA- okay RM- I don't mean to be arrogant about that but it is the truth, that is not my weeds RA- they are not your weeds RM- they are the city's; he can come and look and inspect and show me the weeds and I don't have any bushes that you are talking about, I don't have a bush in my yard that I can think of RA- okay, have you seen the pictures that are in front of you right now RM-the white truck is my husband's I was told by the judge, I don't remember what his name was that the white truck had a free pass because it was my husband, and I look out the window and it lets me know I was married. The other truck we use, it is licensed, yes, my son is a hoarder and I constantly stay on him to stop bringing stuff to my house and I only have one person to help me and it is a little Mexican guy that lives up the street and it is just me and him we had a bunch of garbage piled high and the garbage truck came and got it on Friday I believe so a lot has been cleaned up RA- okay Mrs. Minton RM- if he would drive by, he would see that a lot of stuff has been removed RA- I am going to ask the city attorney if he has any questions GH- my only question is how long the respondent thinks it would take her to get the property into compliance RM- what did he say RA- the city attorney is asking how long it will take to bring the property into compliance or are you saying it is already in compliance now RM-they are going to start charging me which I can't afford if I keep sitting out the large amounts, they took it the other day because they gave me compassion and took it all for free and I have Page 2 of 11 V. REPEAT VIOLATORS CONTINUED A. Case No. 230918005; CONTINUED: been told and I won't say by who, but I have been told that if I set out small amounts at a time that there won't be a charge RA- okay the issue is that the city is alleging that you are in violation of the city codes due to certain things such as the inoperable/untagged vehicles and the grass and weeds that are not being cut, have you taken care of those RM-the Mexican guy I told you about cuts my grass it has been cut the only weeds that are there belongs to the city RA- okay, hold on for a second Ms. Minton, I am going to ask Mr. Smith, when was the last time you inspected the property? AS- on October 3, 2023 RA- okay that would have been a few days ago AS- yes RA- the respondent is alleging that the property is in compliance AS- as you can see in this picture right here up on the screen you can see the silver vehicle right here that the grass has grown up around it and has not moved in a quiet of bit of time and also on the 3rd you can see all this stuff that is piled up right here and under that tarp is a disassembled truck of some kind with the motor all hanging out and missing parts. This right here she says is her husband's truck, but it never moves, it just sits there. The RV is gone but now there is a tent back there RM- that tent is not on my property; I have nothing to do with that tent AS- you have nothing to do with that tent RM- absolutely nothing AS- then why did the person come walking out of it and walk up into your yard RM- I have nothing to do with it RA- Mr. Smith is that tent within the property boundary of this property AS- I cannot tell you for certain as I have not measured but there is a tent back there and she is saying she doesn't know anything about it, and I find that hard to believe RA- okay RM- there are a lot of homeless people in this town RA- okay, Mr. Hyden pertaining to the nature of the other violations I am inclined to agree to the nature of violations but when it comes to the tent and the property and the city is not certain that it is within the property boundary line of the respondent I will not be inclined to agree to a violation if it is not within the property boundary do you have anything else to add on behalf of the city on this case GH- no sir RA- okay, Ms. Minton other than what you have already stated you are representing in this court this evening that this property is in compliance. RM-yes, there is several properties in the neighborhood that are overgrown and have junk/debris on them and he just cut it again RA- when did he cut it RM- the day before yesterday again RA- okay this is what I will do Ms. Minton I will reserve ruling on this case pending his inspection within the next 2 days, okay if Mr. Smith lets me know that he went out and inspected your property and it is still in violation based on what was presented today and together on his representation within the next few days after he inspects your property I will make a ruling, if he tells me that it is in compliance then my final order pertaining to this would be different but if he goes there and tells me that the property is still not in compliance then I will find that there is a code violation and give you 21-days to fix it before the find accrues, is that fair RA- okay that is fair RM- okay, but he needs to check to where my property line is because the city's weeds are bad, and I have got gators that have chased me up in the yard, and nobody has done nothing about it I have called everybody in the country trying to get someone to come out. With that being said that is there weeds RA- he is going to do that CC- your honor may I speak Page 3 of 11 V. REPEAT VIOLATORS CONTINUED A. Case No. 230918005; CONTINUED: RA- yes go ahead CC- the weeds that she is pertaining to around the pond actually belong to the River Run Homeowners Association not the city and we also have a case against them and there are plenty of pictures showing the grass and weeds grown up around the vehicles and it has been that way since the initial inspection RA- yes, so I am going to ask the City Code Enforcement Officer Mr. Smith if he could inspect the property within the next 2 days and take a picture and let me know by email together with the city. Mr. Hyden is there anything you would like to add in regard to my decision to withhold my ruling pending further inspection GH- I just want to confirm that you are deferring the ruling for Mr. Smith or Mrs. Curl to go out and inspect the property and if the property is not in compliance, then you enter the ruling of the fine to begin 21-days after the date of the hearing is that your ruling for today RA- yes GH- nothing further RA- I am withholding ruling today pending final inspection Ms. Minton okay RM- okay RA- I just want to make it clear that if I do find a violation you will have 21 days before any fine will accrue and if you call Mr. Smith before the 21 days and he finds the property in compliance then there will be no more. So, if there is a violation you have to fix it and call Mr. Smith before the 21 days is up RM- okay RA- thank you Ms. Minton, next case VI. NEW CASES A. Case No. 230808008; Kimberly Kocher, 918 Northwest 9th Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 2). RA- anyone here for this case AS- no RA- okay go ahead AS- violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having a disabled boat in the middle of the back yard, overgrown grass, weeds, bushes, or shrubs in need of being cut and maintained, trash, yard debris/junk all over the property in need of being cleaned/removed. 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 disabled boat remains, the overgrown weeds, grass, bushes, or shrubs are still in need of being cut and maintained, the trash, yard debris and junk is still in need of being cleaned and removed. Photos in file. On August 8, 2023 SOV/NOH, photos and City Ordinances mailed via USPS certified return receipt for the October 10, 2023 Hearing. The notice was received by Kimberly Kocher on August 15, 2023. On September 14, 2023, the homeowner Kimberly Kocher called into the office and advised that she would need more time to get the property into compliance. I Code Officer Smith advised her that she could have 2 weeks to bring the property into compliance. I also advised her to call as soon as she gets the property into compliance. On September 22, 2023 Code Officer Curl inspected the property, still non-compliant the disabled boat remains, and the overgrown grass, weeds, bushes, or shrubs are still in need of being cut. Photos in file. On October 4, 2023 Code Officer Smith inspected the property, still non-compliant, the front of the property has been cut however, the disabled boat remains, the overgrown weeds, and grass, around the boat needs to be cut. Photos in file. To comply with City ordinances, the property owner needs to cut all the overgrown vegetation and remove the disabled boat. The City recommends a fine of$50.00 per day, to begin 21 days after the date of 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. RA- anything you would like to add on behalf of the city Mr. Hyden GH- Code Officer Smith could you go to the photo dated October 4, 2023. Who took that photo Page 4 of 11 VI. NEW CASES CONTINUED A. Case No. 230808008; CONTINUED: AS- that was me sir GH- Can you tell me what are the code violations that we are seeing in these photos AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and 30-41 Disabled vehicles GH- I am asking you more specifically what it is the weeds/grass that are too tall in that photograph, the junk/debris that needs to be picked up and stored in a garage, just trying to find out what the violation is AS- yes, it is the grass is too tall and the boat just sitting in the back yard and the grass has grown up around it and it is at least 3 feet tall GH- now in the first picture and the second picture how tall is the grass as the grass in the front yard appears to have been mowed AS- the grass in the front has been mowed I did note that in the notes that the grass in the front has been mowed but the grass in the back around the boat has not been mowed GH- so that is the code violation is the disabled boat and the grass around the boat appears to be several feet tall AS- that is correct GH- and the fine that you are recommending is consistent with the city's fine schedule correct AS- that is correct GH- I have nothing further RA- okay having no further testimony in this case I will make a finding in the case of the City of Okeechobee vs. Kimberly Kocher, Case #230808008 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 a disabled boat in the back yard, overgrown grass, weeds, bushes, or shrubs in need of being cut and maintained the city is referring to the overgrown vegetation around the boat, trash, yard debris/junk all over the property. I can see from the exhibits presented in this case and the testimony of the certified Code Enforcement Officer Mr. Smith that there is plenty of factual basis for the allegations and I will find the respondent in violation of the cited codes. 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 October 10, 2023 unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. Anything else on this case Mr. Smith AS- no sir RA- okay next case B. Case No. 230808014; Joseph G. and Lydia C. Entry, 1901 Northwest 7th Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, 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 (Exhibit 3). RA- anyone here for this case AS- no sir, but this case did come into compliance within the eleventh hour RA- oh they did okay go ahead AS- violation of IPMC Chapter 1, Sections 111.1.1 Unsafe structure, 111.1.3 Structure unfit for human occupancy, 111.1.5 Dangerous structure or premises for the structure being damaged by fire, being left in disrepair for quite some time causing the structure to become dilapidated and unsafe. Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown grass, weeds, and bushes, shrubs/trees all over the property. The respondent is not a repeat violator. The respondent was first notified on July 20, 2023 via Courtesy Card. On August 8, 2023 Code Officer Curl inspected the property, it was found to be non-compliant, none of the violations have been addressed. Photos in file. On August 9, 2023 SOV/NOH, photos, and ordinances mailed via USPS certified return receipt for the October 10, 2023 Hearing. The notice was received on August 14, 2023, signature not legible. On August 10, 2023 Code Officer Smith posted the property and City Hall with A Notice to Appear for the October 10th hearing. On August 16, 2023 Mr. Joseph Entry came into the office, spoke with Code Officer Curl, he stated that the yard has been mowed and cleaned up and that they plan on remodeling the home next year after Page 5 of 11 VI. NEW CASES CONTINUED B. Case No. 230808014; CONTINUED: his grandson is back from college. He asked what could be done now to bring the house into compliance until he is able to remodel it. Code Officer Curl called Jeff Newell, the City's Building Official, to ask him what Mr. Entry could do with the structure to bring it into compliance for now until he is able to remodel it. Mr. Newell stated that if Mr. Entry would completely board up the structure within the window frames, paint the outside of the structure and make sure the yard is completely clean and maintained he would be ok with that for now. Mr. Entry was advised on what needed to be done to bring the property into compliance and he stated that he would take care of it. On September 22, 2023 Code Officer Curl inspected the property; still non-compliant; the overgrown weeds need to be trimmed; however, progress has been made with the cleaning and boarding of the structure and removal of the overgrown vegetation in the front of the home and around the storage container. Photos in file. On October 4, 2023 Code Officer Smith inspected the property; in compliance, the home has been secured and the overgrown grass and weeds have been cut. Photos in file. Case Closed. 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 IPMC Chapter 1, Sections 111.1.1 Unsafe structure, 111.1.3 Structure unfit for human occupancy, 111.1.5 Dangerous structure or premises, Chapter 30, Sections 30-43 Public nuisances, and 30-44 General cleaning and beautification from July 20, 2023 until the property came into compliance on October 4, 2023, no lien/order was recorded, no fine accrued. RA- anything you would like to add Mr. Hyden on behalf of the city GH- no sir thank you RA- okay alright I will make a ruling on this case of the City of Okeechobee vs. Joseph G and Lydia C. Entry, Case #230808014 based on the exhibits presented and the testimony of the certified Code Enforcement Officer Mr. Smith and I have reviewed the exhibits in this case. I will make a finding that the defendant was properly served and did take care of the violations in this case. The respondent was in violation from the time they were served until they came into compliance. I will make a finding that the respondent was cited for violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, IPMC Chapter 1, Sections 111.1.1 Unsafe structure, 111.1.3 Structure unfit for human occupancy, 111.1.5 Dangerous structure or premises and the bases was that the structure was damaged by fire and left behind in disrepair for quite some time causing the structure to become delipidated and unsafe and also in observation of the exhibits presented today there is overgrown grass, weeds, bushes or shrubs all over the property. I can see by examining the photos today that were presented by the certified Code Enforcement Officer until the property came into compliance on October 4, 2023, I will follow the city's recommendation in this case, that no action be taken further in this matter but it will be noted for the record that the respondent was in violation of the chapters alleged in this case even though they did come into compliance on or about October 4, 2023 and no liens or fine accrued so it will be noted for the record. C. Case No. 230817008; Yvette Banner, 913 Northwest 9th Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 4). 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 on the property and overgrown grass, weeds, shrubs, and trash, and debris on the property. RA- Mr. Smith is there anyone here for this case AS-no and this case also came into compliance withing the eleventh hour RA- oh okay please proceed AS- 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, untagged/disabled vehicle on property, overgrown grass, and weeds in need of being cut. Photos in file. On August 17, 2023 Code Officer Smith inspected the property; still non- compliant, untagged/disabled vehicle, and trash on the property needs to be removed. However, the grass and weeds have been cut. SOV/NOH, photos and city ordinances mailed out via USPS certified return receipt for the October 10th Hearing. Photos in file. On September 22, 2023 Code Page 6 of II VI. NEW CASES CONTINUED C. Case No. 230817008; CONTINUED: Officer Curl tracked the SOV/NOH and per USPS tracking the notice is being returned. On September 26, 2023 Code Officer Smith posted A Notice to Appear at City Hall and the property. Photos in file. On October 4, 2023 Code Officer Smith inspected the property; in compliance, issues have been addressed. Photos in file. Case Closed. No lien recorded or fine accrued. On October 5, 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 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, and 30-44 General cleaning and beautification from July 19, 2023 until the property came into compliance on October 4, 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 based on the testimony and the exhibits presented in this case by the City of Okeechobee today in the case of the City of Okeechobee vs. Yvette Banner, Case #230817008 allegations in this case was that the respondent violated city code of ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having a untagged/inoperable vehicle on the property and overgrown grass, weeds, and shrubs and trash and debris on the property. I will make a finding that the respondent was properly notified in this case and served with due process to address the violation and the property did eventually come into compliance. After examining these exhibits presented by the certified Code Enforcement Officer Mr. Smith, I can see that there is plenty of factual basis for the allegations in this case, I can see what appears to be a disabled vehicle on the property and see plenty of what looks like uncut shrubs, plants and grass surrounding the property. I will make a finding that the violations are supported by facts in this case and even though the respondent did come into compliance on or about October 4, 2023, I will follow the city's recommendation in this case and even though there is no further action in this matter it will be noted for the record that the respondents were in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification from July 19, 2023 until they came into compliance on October 4, 2023, no lien/order was recorded, no fine accrued. D. Case No. 230817007; Tanglewood LTD c/o A & M Properties Inc, 420 Northwest 9th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, IPMC Chapter 3, Section 304.1.1 Unsafe conditions (Exhibit 5). AS- violation of IPMC Chapter 3, Section 304.1.1 Unsafe conditions for multiple roofs in need of repair/replacement. Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown grass, weeds, shrubs, and the exterior of the apartment buildings in need of maintenance and cleaning. 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 siding on the building is in need of being replaced, the exterior of the apartment buildings is in need of maintenance/cleaning and roof repairs. Photos in file. On August 17, 2023 Code Officer Smith inspected the property; still non-compliant, the siding remains an issue along with the maintenance and cleaning of the buildings. There are mattresses and furniture on the side of the road. The grass needs to be cut as well. SOV/NOH, photos and city ordinances mailed out via USPS certified return receipt for the October 10th Hearing. Photos in file. The notice was received by Erin Wilson on August 21, 2023. On October 4, 2023 Ramsey James (General Manager) 352-257-0032 called in and spoke to Code Officer Smith and he was advised how long and what needed to be done to bring the property into compliance before fines start to accrue. Code Officer Smith inspected the property; still non-compliant; the outside of the buildings has been pressured wash and the gable siding on the buildings have been repaired; however, trash/debris has been left around the dumpster and on the property in two areas and the exterior of the dumpster area needs to be cleaned as well. Photos in file. To comply with City ordinances, the property owner needs to remove the debris on the property, make repairs to the roof and pressure clean the wall around the dumpster. The City recommends a fine of $100.00 per day, to begin 21 days after the date of 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. Page 7 of 11 VI. NEW CASES CONTINUED D. Case No. 230817007; CONTINUED: RA- is there anyone here on behalf of this case, please come up and state your name for the record JR- James Ramsey RA- Mr. Ramsey you are under oath, and you have heard the allegations in this case and the exhibits presented by the city's certified Code Enforcement Officer what would you like to tell this court sir JR- yes sir, I would like to say that there were some issues that have been addressed, we have completed the pressure washing and have picked up the debris from around front mostly from drive byes and everything around the dumpster area has been cleaned. You said we need to pressure wash the wall AS- yes, the wall around the dumpster JR- I don't know if that was done with the buildings or not AS- I did note that the buildings have been done JR- I will address the pressure washing of the dumpster area, he may not have done it because of the mattresses being there. I explained to Mr. Smith when I spoke to him on the phone that at one point, we were trying to sell the property and basically everything was still on hold at that time, and we had two buyers and both buyers fell through. I have spoken with my director and 21 days is kind of a stretch to address the roofs, but we are going to address that issue. I am asking for a little more time than 21 days as I have already reached out to local contractors for estimates, unfortunately, I haven't received one back. I actually reached out this morning for an ETA on the first estimate, and he didn't respond. I also explained to Mr. Smith that the furniture on the back side of the property was either a drive by drop off or from the property behind us, but it is gone, and I will get the pressure washing done. I am asking for a little more time for the roofs RA- okay so you are saying everything is in compliance except for the roofs JR- yes sir, the siding has been done, the pressure washing has been done, as far as the roofs the last leak I am aware of was over a year ago RA- okay JR- they look bad, but they don't leak RA- do you agree with that Mr. Smith AS- as far as the leaking part I cannot say as I have not been inside, but they do look bad, and the pressure washing around the dumpster itself, when I last did an inspection there was trash all around the dumpster, but as far as the trash, I am not sure as they may have cleaned it up since then as I have not been out since October 4, 2023 RA- okay AS- but I don't know what they have done since then because I have not been out since then RA- okay AS- like I said the siding had been repaired I did note that and the outside of the buildings had been pressured washed but around the dumpster area it has a brick wall around it and it is all moldy and nasty and there was still furniture along the side of the road on their property and there was a mattress just throwed out in the middle of the yard on their property as well so that makes them responsible for it, he is saying someone dumped it that I don't know I can't testify to that all I know it was on his property and I can testify to that and show you the pictures of it JR- I saw the picture and seeing it in the middle of the yard was surprising typically it is beside the dumpster or on the side of the road, but I contacted the guy who does our lawn service and he said everything has been removed RA- okay I am going to ask the City Attorney if he has any questions for either witness GH- I would like to ask if Code Officer Smith goes out to inspect the property and still finds the property to still not be in compliance, how long would it take you to get the property into compliance JR- that is kind of an open-ended question because of the roof situation, I have to get my bids and per USDA regulations I have to get three. I have already reached out to three vendors and haven't got the first bid back yet, then we have to go under contract and if the materials are not available then we will have to wait for the materials, same with my roof I am having to wait on the shingles. Once we get the contracts signed, I can at least provide that as evidence that we are at least trying and then we are at the vendors leisure to get it done Page 8of11 VI. NEW CASES CONTINUED D. Case No. 2230817007; CONTINUED: GH- okay understood, how long would it take you to provide signed contracts, 30 days, 45 days JR- I would ask for 45 days just to be lenient so we can be on board with everybody not only you but with my company, I have to get the estimates and get them signed I believe 45 days would be plenty it will probably be sooner, but 45 days would be a good number RA- okay Mr. Hyden do you have an objection that we should defer this to our next Code Enforcement Hearing that would give us another 30 days GH- I wouldn't say we should defer it to the next hearing, but I am going to say depending on Code Officer Smith going out for re-inspection and if the property is found to be remediated, we could give him 45 days to provide signed contracts to redo the roofs. My concern for putting it off to the next hearing we might be having the same discussion RA- okay, what do you think of that JR- okay and I think we will not have the same discussion; I can't speak for the owner or his wallet, but I will do my best to get a contract signed and the roofs done in that time frame that I have asked for RA- okay so that should give you plenty of time JR- now if he drags his feet on it, I can't speak for that RA- okay Mr. Hyden can you repeat your proposed resolution in this case GH- Similar to what you had done in the prior matter, having Code Enforcement Officer Smith go out within 24-48 hours to inspect the property to determine if anything still remains out of compliance and if so and if the issue remains the roofs and that the roof needs to be replaced, we would then give the property owner 45 days to provide a signed contract for the work to commence and/or documentation from a certified roofing company that the roof doesn't need to be replaced RA- okay I am going to defer the ruling then JR- I promise you if I get a roofer up there, they are going to recommend that the roof be replaced AS- that is what roofers do JR- yeah well, I have been in the business for over thirty years, and I know that the roofs need to be replaced RA- okay, Mr. James thank you for being here tonight and I will find that that there is a violation in this case, and because some remediation has already been completed, I will reserve ruling for the City of Okeechobee Code Enforcement Officer Smith to inspect the property within the next 2 days to verify if there are any other outstanding violations other than the roofs and at that point to give the respondents another 45 days to provide proof of signed contracts for the roofs. Anything you would like to add Mr. Hyden JR- I would like to add that I will get with my guy about the pressure washing of the walls within the next two days AS- okay, I will be out Thursday JR- okay, you will be out Thursday I will tell him prior to RA- okay, thank you Mr. James, anything else Mr. Hyden GH- no sir RA- okay that will be the ruling, is that clear enough Mrs. Curl CC- I believe so, 2 days for re-inspection and then 45 days for contracts RA- yes, that is correct, thank you Mr. James VII. COMPLIED CASES A. Case No. 230817006; Christiano S. Gros, 1100 Southeast 5th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 6). AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown grass, weeds, bushes, trees, and shrubs, junk/debris all over the property. The respondent is not a repeat violator. The respondent was first notified on July 26, 2023 via Courtesy Card. On July 31, 2023 Code Officer Smith received a call from Christian Gros about his property. He advised that the renter refuses to let him clean and cut the yard. The renter is verbally and physically aggressive and he doesn't want to create a bad situation. He also Page 9 of 11 VII. COMPLIED CASES CONTINUED A. Case No. 230817006; CONTINUED: advised that the renter is moving out in 2 weeks, and he will get the property in compliance. On August 16, 2023 Code Officer Smith inspected the property; still non-compliant, the grass has been cut, but there is an appliance in the middle of the yard, along with trash and debris in the yard. On August 17, 2023 SOV/NOH, photos and city ordinances mailed out via USPS certified return receipt for the October 10th Hearing. Photos in file. The notice was received on August 24, 2023, signature not legible. On August 24, 2023, the homeowner called in, spoke to Code Officer Smith, and advised that the trash, junk, and debris will be removed from the property today. He was advised that the property would be inspected next week on Monday. If anything came up, he would be called and advised. On August 29, 2023 Code Officer Smith inspected the property; in compliance, all the debris and trash has been removed from the property. Photos in file. Case Closed. Compliance Letter mailed out via USPS regular mail. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 30, Sections 30-43 Public nuisances, and 30-44 General cleaning and beautification from July 26, 2023 until the property came into compliance on August 29, 2023, no lien/order was recorded, no fine accrued RA- anything you would like to add on behalf of the city Mr. Hyden GH- no sir RA- Mr. Smith you took these photos AS- yes sir RA- and the accurately represent the conditions of the property on the date they were taken AS- yes sir RA- okay based on the testimony of the certified Code Enforcement Officer and the exhibits presented today I will make a finding in the case of the City of Okeechobee vs. Christiano Gros, Case#230817006 the respondents in this case were cited for the violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass, weeds, bushes, trees, and shrubs and junk/debris all over the property. I will make a finding first that the respondents were properly served with due process and made aware of the violations there is plenty of factual basis for the allegations in this case, I am examining the pictures and there appears to be plenty of overgrown grass and vegetation under the circumstances and there appears to be junk/debris all over the property to satisfy the facts and the nature of the allegations. The property did come into compliance on or about August 29, 2023 so I will follow the city's recommendation in this case that no action on this matter be taken but 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 from July 26, 2023 until the property came into compliance on August 29, 2023, no lien/order recorded, no fine accrued. B. Case No. 221221016; 130 Palm Beach Properties LLC, Northwest 11th 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 overgrown grass, weeds, trees, bushes, and shrubs. The respondent is not a repeat violator. On February 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 of $50.00 per day, to begin 21-days after the date of the Special Magistrate Hearing, unless the property owner brings the property into compliance on or before that date, plus a one-time administrative fee of$50.00 imposed. Fine accrual will begin on March 7, 2023. On February 15, 2023 Lien/Order mailed via USPS certified return receipt. Code Officer Smith posted the Lien/Order at the property and City Hall. On March 7, 2023 Code Officer Smith inspected the property, still non-compliant, the property owner has not attempted to correct the violations. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2023002753, Page(s):1. Recorded Lien/Order mailed via USPS certified return receipt. The notice was returned, unclaimed, unable to forward on March 22, 2023. On June 14, 2023 Code Officer Smith inspected the property; still non-compliant. On July 21, 2023 Code Officer Curl inspected the property, still non-compliant. On July 26, 2023 90-Day Letter and copy of recorded lien/order mailed via USPS certified return receipt and regular mail. Betty Khan received the non-certified letter. The certified Page 10 of 11 VII. COMPLIED CASES B. Case No. 221221016; CONTINUED: letter was returned unclaimed on September 18, 2023. On August 2, 2023 Code Officer Curl received a call from Betty Khan, 561-255-0776, bettym11418yahoo.com, she stated that she received the 90-Day Letter and wanted to know how this came about because she was not aware of this and that it is absurd that vacant property has to be maintained. She was advised that this case was started on November 19, 2022 and a Courtesy Card was sent that was not returned, however every piece of mail that was sent to her certified was returned unclaimed, therefore the property was posted with all the proper notices. She stated that she has never seen the posts as she lives in Palm Beach and does not come to the property. She was advised that even though she lives in a different county it is her duty as a property owner to check and maintain any property that she owns. She requested a hearing with the Special Magistrate, she was advised that in order for the case to go back before the Magistrate she would need to bring the property into compliance and then submit an application for a fine reduction. She requested a copy of the city ordinances be emailed to her stating that a vacant lot has to be maintained. Email sent to Ms. Khan. On August 21, 2023 Received an email from Betty Khan advising that the property was in compliance. Code Officer Smith inspected the property and found the property to be in compliance. Case Closed. Photos in file. Fine balance of$8,300.00 plus a $50.00 administrative fee due. Compliance Letter with fine total, Lien/Order, and Fine Reduction Application emailed to Betty Khan. On September 19, 2023 Received an email from Betty Khan stating that she didn't receive the application. Code Officer Curl sent an email with the Fine Reduction Application and Compliance Letter w/fine total and mailed via USPS certified return receipt. On September 25, 2023 Code Officer Curl received an email from Ms. Khan stating that she received the email that was sent on September 19, 2023 and will work on the fine reduction application immediately. On October 2, 2023 Code Officer Curl received several phone calls from Ms. Khan with questions pertaining to the fine reduction application. She stated that she would be mailing the application along with payment via USPS certified return receipt. The City recommends that it be noted for the record that the property came into compliance on August 21, 2023, leaving a fine balance of$8,300.00, plus a $50.00 administrative fee, totaling $8,350.00. RA- anything you would like to add on this case Mr. Hyden GH- no response- computer issues RA- I have enough evidence in this case to make a ruling. I will make a ruling based on the exhibits presented and the testimony of the certified Code Enforcement Officer in the case of the City of Okeechobee vs. 130 Palm Beach Properties LLC, Case #221221016 I will make a finding that the property did come into compliance based on the testimony and the exhibits presented this hearing by the certified Code Enforcement Officer and that a fine balance still remains in this case plus a $50.00 administrative fee totaling $8,350.00 and it will be noted that the property did come into compliance on August 21, 2023. VIII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7:06 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