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2023-12-12 Handwritten Minutes of o,F•�� CITY OF OKEECHOBEE CODE ENFORCEMENT 4.: CA DECEMBER 12, 2023, SPECIAL MAGISTRATE HEARING 0110h 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 V. �•` 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. CALL TO ORDER A. Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday December 12, 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 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. RA- Mr. Smith do we have any additions, deferrals, or any cases to withdrawal from this agenda AS- we will be deferring items V.A. and V.B. to the next hearing to allow the respondents to be present as they were both unavailable to be present at this hearing. RA- okay sounds good we will defer both V.A. and V.B. to the next hearing. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona dispensed with the reading and approved the October 10, 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. 231025003; Timothy Lee Thomas, 809 Northeast 5th Street, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 1). AS- deferred to a future hearing to allow the respondent an opportunity to present their case. B. Case No. 231009016; Epanoptix Inc, Antoinette McDonald, Northwest 10th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, International Property Maintenance Code (IPMC) Chapter 3, Sections 304.1 General, 304.1.1 Unsafe conditions (Exhibit 2). AS- deferred to a future hearing to allow the respondent an opportunity to present their case. Page 1 of 10 VI. COMPLIED CASES A. 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 3). 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. Household appliances in the middle of the yard and overgrown grass. weeds shrubs, and bushes. The respondent is a repeat violator the previous case #221118023, they were found in violation of Chapter 30, Sections 30- 40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. On September 12, 2023, the case was presented to the Special Magistrate and found to be in violation of Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $100.00 per day, plus a one-time $100.00 administrative fee imposed to begin 21 days after the date of the hearing unless the property owner brings the property into compliance on or before that date. On September 14, 2023 the Lien/Order was mailed via USPS certified return receipt and was received on September 18, 2023, however, the signature was not legible. On September 22, 2023 Code Officer Curl inspected the property, still non-compliant, the overgrown grass, weeds, bushes/shrubs still need to be cut and the junk/debris remains all over the property. On October 3, 2023 Code Officer Smith inspected the property, as you can see in the photos it is still non-compliant, trash and debris remain all over the yard, overgrown grass, weeds, and bushes in need of being cut. On October 5, 2023 Lien/Order recorded at the Okeechobee County Clerk of Court, File #2023011582, Page(s):1. Mailed Recorded Lien/Order via USPS certified return receipt and was received on October 10, 2023, however, the signature was not legible. On October 16, 2023 Code Officer Smith inspected the property; in compliance, trash and debris removed, overgrown vegetation cut. Photos in file. Fine total: $1,100.00 plus $100.00 administration fee, grand total: $1,200.00. Fine started on October 5, 2023, in compliance on October 16, 2023. On October 17, 2023, a compliance letter with fine total was mailed via USPS regular mail. The City recommends no action on this matter, but requests it be noted for the record that the Lien/Order was recorded on October 5, 2023, the property came into compliance on October 16, 2023 with a fine balance of$1,200.00 including the $100.00 administrative fee. RA- Mr. Hyden, anything you would like to add on behalf of the city sir. GH- no sir RA- I will make a finding in this case that based on the testimony and the exhibits presented here today I will follow the city's recommendation that no further action be taken in this case at this time, but it will be noted for the record that the lien/order was recorded on October 5, 2023, and the property came into compliance on October 16, 2023 with a fine balance of$1,200.00 including the $100.00 administrative fee due. Anything else Mr. Smith. AS- no sir RA- okay next case B. 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 4). 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 residential district for having inoperable/abandoned/unlicensed vehicles on the property, overgrown weeds and bushes, junk, and debris all over the property. A recreational vehicle being used as a residence and parked in a residential district as you can see on October 3, 2023. The respondent is a repeat violator, previous case #220222009, found in violation of Chapter 30, Sections 30-41 Disabled vehicles. On October 10, 2023, the case was presented to the Special Magistrate, found in 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. A fine of $150.00 per day, plus a one-time $100.00 administrative fee imposed to begin 21 days after the date of this hearing pending a re- Page 2 of 10 VI. COMPLIED CASES CONTINUED B. Case No. 230918005; CONTINUED: inspection within 2 days of this hearing. On October 12, 2023, Code Officer Smith/Curl inspected the property; still non-compliant, disabled/untagged vehicles in the yard, junk, and debris on the property. Photos in file. Photos emailed to Special Magistrate Roger Azcona to make a ruling on from the October 10th hearing. On October 13, 2023, Received an email from Special Magistrate Roger Azcona confirming his ruling from October 10, 2023 since the property was found to be non-compliant. On October 16, 2023, the Lien/Order mailed via USPS certified return receipt and contacted FWC, reference to Ms. Minton's complaint of the nuisance alligator located in the pond next to her house. On November 6, 2023 Code Officer Smith inspected the property: still non-compliant, one of the disabled vehicles was removed however others remain. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2023012654, Page(s):1. On November 7, 2023, Recorded Lien/Order mailed via USPS certified return receipt, received by Ruby Minton on November 10, 2023. On November 8, 2023, Ruby Minton called into the office and spoke with Code Enforcement Officer Smith. She was advised what she needed to do to bring the property into compliance. On November 13, 2023 Mrs. Minton called into the office and spoke with Code Officer Smith and advised that she has a tag for the car in the driveway and that I can come by the property, and she will show me the tag and registration. On November 15, 2023, as you see in the picture, I Code Officer Smith inspected the property, in compliance. The vehicle was registered and tagged. Photo of the tag and registration in file. Case Closed. Compliance will be as of 13th of November 2023. On November 27, 2023 Compliance Letter mailed USPS regular mail with fine balance. Fine Balance is $1,050.00 plus $100.00 administration fee grand total of $1,150.00. The City recommends no action on this matter, but requests it be noted for the record that the lien/order was recorded November 6, 2023, property came into compliance on November 13, 2023 with a fine balance of $1,150.00 including a $ 100.00 administration fee. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- I will make a finding in this case that based on the testimony and the exhibits presented that there is plenty of factual evidence and I will follow the city's recommendation of no action on this matter, but it will be noted that the lien/order was recorded on November 6, 2023, and the property came into compliance on November 13, 2023 with a fine balance of $1,150.00 including the $100.00 administrative fee. Anything else Mr. Smith. AS- no sir RA- okay next case C. Case No. 231009014; Alexis Watson, 408 Northeast 9th Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 5). AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown weeds, grass, bushes, or shrubs, the exterior of the home is in need of being cleaned, and the junk/debris removed from the driveway. The respondent is not a repeat violator. The respondent was first notified on September 18, 2023 via Courtesy Card. As you can see in the photos that were taken on September 15, 2023 you can see the overgrown grass and weeds around the one side and the backside of the home, and you can see that the home is in need of cleaning and the driveway is full of trash, junk, and debris and there are tires and stuff stacked up along the side of the house. On September 22, 2023 Code Officer Curl received a call from the property owner Alexis Watson, she stated that the debris/junk has been cleaned up and they will be mowing and trimming the yard this weekend and hope to have the trailer pressure washed by next weekend. She was advised to keep in touch with us and to let us know once they have brought the property into compliance. On October 2, 2023 Code Officer Curl inspected the property and found the property to be non-compliant. The junk/debris remains on the driveway; however, some progress has been made with the cutting of the overgrown grass. On October 9, 2023 SOV/NOH, and photos mailed via USPS certified return receipt for the December 12, 2023 Hearing. On October 13, 2023 Code Officer Curl received a call from the property owner, Alexis Watson stating that she missed the delivery of the certified letter. It was explained to her why the letter was being sent and what she needed to do to bring the property Page 3 of 10 VI. COMPLIED CASES CONTINUED C. Case No. 231009014; CONTINUED: into compliance, she stated that she would get the items taken care of and give us a call once it is completed. On November 6, 2023 Code Officer Smith inspected the property and found the property to be non-compliant. The trash remains on the driveway around the trash receptacles as you can see in the photos. On December 1, 2023 Code Officer Smith inspected the property and found the property in compliance. The trash on the driveway around the trash receptacles was picked up. As you can see in the photos in the file. The case was closed. The City recommends no action on this matter, but requests 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 September 18, 2023 until the property came into compliance on December 1, 2023, no lien/order was recorded, no fine accrued. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- I will make a finding in this case in the case of the City of Okeechobee v. Alexis Watson, Case #231009014 the respondent was 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, the exterior of the home in need of being cleaned and the junk/debris removed from the driveway, based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith, I can see that there is plenty of factual basis for the allegations and I will make a ruling that the respondents were in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and I will follow the city's recommendation of no further action on this matter, 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 September 18, 2023 until the property came into compliance on December 1, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith AS- no sir RA- okay next case D. Case No. 231009015; Tammy L. Verano, 504 and 506 Northeast 10th Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 6). AS- violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having inoperable/abandoned/unlicensed vehicles on the property surrounded by overgrown weeds and grass. The respondent is not a repeat violator. The respondent was first notified on September 18, 2023 via Courtesy Card. As you can see in the photos on September 15, 2023 the grass has grown up around the vehicles and evidence of tags/registrations for all the vehicles. On October 9, 2023 Code Office Curl inspected the property: non-compliant, inoperable/abandoned/unlicensed vehicles remain on the property surrounded by overgrown weeds and grass as you can see in the photos in the file. SOV/NOH and photos mailed via USPS certified return receipt for the December 12, 2023 Hearing. Received by Jose Verano on October 19, 2023. On October 27, 2023, The property owner Tammy Verano came into the office inquiring about what needed to be done to bring the property into compliance. Code Officer Curl advised her that all the vehicles/trailers/boats needed to be registered or removed from the property. She stated that she would go by and speak with the residents next door and advise them. On November 6, 2023 Roger Bohannon came into the office and provided registrations for all vehicles/trailers/boats remaining on the property. Code Officer Smith inspected the property: in compliance, all vehicles have been tagged, copies in the file and all overgrown vegetation addressed. Photos in the file. On November 7, 2023 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 30-41 Disabled vehicles, 30-43 Public nuisances, and 30-44 General cleaning and beautification from September 18, 2023 until the property came into compliance on November 6, 2023, no lien/order was recorded, no fine accrued. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir Page 4 of 10 VI. COMPLIED CASES CONTINUED D. Case No. 231009015; CONTINUED: RA- okay I will make a finding in this case of the City of Okeechobee v. Tammy L. Verano, Case #231009015 I will make a ruling that the respondents were cited for violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having inoperable/abandoned/unlicensed vehicles on the property surrounded by overgrown weeds and grass and based off the testimony and the exhibits presented by the certified code enforcement officer there is plenty of factual basis for the allegation I see a lot of vehicles that look like to be inoperable it looks like they have been parked there for several months with overgrown grass and weeds around them and have not been operated in a while. The respondents were properly served and took action to correct the issues and to come into compliance. So, I am satisfied that they were properly served and were able to comply with the citations in this case. I will follow the city's recommendation of no further action on this matter, but it will be noted for the record to have been in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification from September 18, 2023, until the property came into compliance on November 6, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith AS- no sir RA- okay next case E. Case No. 231020012; Alan P. Miller, 400 Southeast 7th 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 having overgrown weeds, grass, bushes, or shrubs, and leaving the trash cans along the roadway. The respondent is a repeat violator, previous case #230515009, found in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. On October 19, 2023 as you can see in the photos, they have extremely high grass and weeds growing up around the perimeter of the home and the trash cans have been left out for extended periods of time. On October 20, 2023 SOV/NOH, photos and city ordinances mailed via USPS certified return receipt for the December 12, 2023 Hearing. Received by Alan Miller on October 27, 2023. On November 28, 2023, the property owner called in and spoke with Code Officer Smith and stated that the property was in compliance and ready for inspection. I advised him that I would be out today for an inspection of the property. Code Officer Smith inspected the property: in compliance, photos in file show the overgrown vegetation was cut, and the trash receptacles have been moved from the roadway. Compliance Letter mailed out via USPS regular mail. The City recommends no action on this matter, but requests 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 October 20, 2023 until the property came into compliance on November 28, 2023, no lien/order was recorded, no fine accrued RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- in the case of the city of Okeechobee v. Alan P. Miller, Case #231020012 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 trash cans being left along the roadway. The respondent is noted as a previous violator. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith there is plenty of factual basis for the allegations of the citations in this case and I will find that the respondents were in violation. I will follow the city's recommendation of no further action on this matter, 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 October 20, 2023, until the property came into compliance on November 28, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith AS- no sir RA- okay next case Page5of10 VI. COMPLIED CASES CONTINUED F. Case No. 231025004; 1201 N Parrott Ave CCV LLC, 1201 North Parrott Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 8). AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass and weeds. The respondent is not a repeat violator. The respondent was first notified on October 10, 2023 via Courtesy Card. As you can see in the photos on October 9, 2023 the respondent had overgrown grass and weeds on a vacant lot. On October 24, 2023 Code Officer Smith inspected the property: still non-compliant, overgrown grass and weeds have not been addressed. On October 25, 2023 SOV/NOH, and photos mailed via USPS certified return receipt for the December 12, 2023 Hearing. The notice was returned unclaimed on November 15, 2023. On October 27, 2023 Received an email from Shia Grunzweig explaining the reason the property was not in compliance. He also gave an updated address of the company. (1149 42nd St. Brooklyn, NY 11219). On November 7, 2023 Code Officer Smith inspected the property as you can see in the photos the overgrown grass and weeds were cut and the property was found to be in compliance. Compliance Letter mailed out via USPS regular mail on November 7, 2023 as well. The City recommends no action on this matter, but requests 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 October 10, 2023 until the property came into compliance on November 7, 2023, no lien/order was recorded, no fine accrued. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- in the case of the City of Okeechobee v. 1201 N Parrott Ave CCV LLC, Case #231025004, the respondent was cited for violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass and weeds, the respondent is not a repeat violator but was provided a courtesy card on October 10, 2023. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith, there is plenty of factual basis for the allegations and I will make a ruling that the respondents were in violation. I will follow the city's recommendations of no further action on this matter, 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 October 10, 2023, until the property came into compliance on November 7, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith AS- no sir RA- okay next case G. 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 9). 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 back yard, overgrown weeds, grass, bushes, or shrubs in need of being cut and maintained, trash, yard debris and junk all over the property in need of being cleaned and removed. The respondent is not a repeat violator. The respondent was first notified on July 19, 2023, via Courtesy Card. On October 10, 2023, the Case was presented to the Special Magistrate, found to be in violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day plus a one-time $50.00 administrative fee was imposed to begin 21 days after the date of the Hearing unless the property owner brings the property into compliance on or before October 31, 2023. On October 11, 2023, Lien/Order mailed via USPS certified return receipt. On October 18, 2023, Code Officer Curl received a call from the property owner Kimberly Kocher, she stated that the Post Office tried to deliver a letter to her but did not come to the door and left a notice in her mailbox. I advised her that the letter they are trying to deliver to her is the Lien/Order that was ordered by the Special Magistrate letting her know that she has until October 31, 2023, to correct the violations on her property or a daily fine of $50.00 plus a one-time $50.00 administrative fee would be imposed. She stated that she will work in the yard and let us know Page 6 of 10 VI. COMPLIED CASES CONTINUED G. Case No. 230808008; CONTINUED: once it is in compliance. On October 30, 2023, Code Officer Curl received a call from the property owner, Kimberly Kocher, stating that the yard has been cleaned up and the overgrown vegetation is gone. She also stated that she would be registering the boat today or tomorrow. I advised her that the property is due for inspection tomorrow and to bring us the registration in the morning before the inspection is completed. On November 1, 2023, as you can see in the photos I, Code Officers Smith and Curl inspected the property and found the property to be in compliance. The boat was registered, and the overgrown vegetation has been cut. On November 3, 2023, A Compliance Letter mailed via USPS regular mail. The City recommends no action on this matter, but requests 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 November 1, 2023, no lien/order was recorded, no fine accrued. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- in the case of the city of Okeechobee v. Kimberly Kocher, Case#230808008, the respondent was cited for violation of Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith there is plenty of factual basis for the allegations. I will follow the city's recommendations of no further action on this matter, but it will be noted for the record to have been 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 the property came into compliance on November 1, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith AS- no sir RA- okay next case H. Case No. 231101007; Wewould Okeechobee LLC c/o Joseph Stadlen, 1020 North Parrott Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 10). AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass and weeds with trash/debris all over the property as you can see in the photos on October 12, 2023. The respondent is not a repeat violator. The respondent was first notified on October 12, 2023 via Courtesy Card. On October 31, 2023 Code Officer Smith inspected the property; non-compliant as you can see in the photos the overgrown vegetation has not been addressed. On November 2, 2023 SOV/NOH, and photos mailed via USPS certified return receipt for the December 12, 2023 Hearing. Received on November 6, 2023, signature not legible. On November 15, 2023 Code Officer Smith inspected the property; in compliance, as you can see in the photos the overgrown vegetation has been addressed and all the trash around the property had been picked up. Case closed. Compliance Letter mailed out via USPS regular mail. The City recommends no action on this matter, but requests 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 October 12, 2023 until the property came into compliance on November 15, 2023, no lien/order was recorded, no fine accrued. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- in the case of the City of Okeechobee v. Wewould Okeechobee LLC c/o Joseph Stadlen, Case #231101007, 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 for overgrown grass, weeds, with trash/debris all over the property. The respondent is not a repeat violator. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith there is plenty of factual basis for the allegations I can see the overgrown vegetation in the photos surrounding the property. I will follow the city's recommendation of no further action on this matter, 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 October 12, 2023, until the property Page 7 of 10 VI. COMPLIED CASES CONTINUED H. Case No. 231101007; CONTINUED: came into compliance on November 15, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith. AS- no sir RA- okay next case Case No. 231101008; Jack Grace, 1712 Northwest 7th Avenue, Violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 11). AS- violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having a broken lawnmower, water heater, and a tank in the backyard, two untagged/inoperable vehicles in the front yard and overgrown grass, weeds, with trash/debris all over the property. The respondent is not a repeat violator. The respondent was first notified on October 12, 2023 via Courtesy Card. On October 18, 2023 Jack Grace called into the office and spoke with Code Enforcement Officer Smith; I advised Mr. Grace what needed to be done to bring the property into compliance. Also, to call in as soon as he brings the property into compliance to so that we can come out to do a reinspection. On October 31, 2023 Code Officer Smith inspected the property; non-compliant, untagged/inoperable vehicle remains, junk or debris in the back yard and overgrown grass and weeds as you can see in the photos. On November 1, 2023 SOV/NOH, and photos mailed via USPS certified return receipt for the December 12, 2023 Hearing. Received on November 4, 2023, signature not legible. On November 15, 2023 Code Officer Smith inspected the property; still non-compliant, untagged/inoperable vehicle remains, junk or debris in the back yard. However, the overgrown grass and weeds were addressed as you can see in the photos. On November 20, 2023 The renter, James Fisher, called into the office and spoke with Code Officer Smith and advised that the property was ready for inspection. He also advised that if we had any issues or questions to call him and would take care of it. On November 21, 2023 Code Officer Smith inspected the property; in compliance, the disabled vehicle removed from the property, overgrown vegetation has been addressed and all the debris removed from the property as you can see in the photos. Compliance Letter mailed out USPS regular mail. The City recommends no action on this matter, but requests 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, and 30-44 General cleaning and beautification from October 12, 2023 until the property came into compliance on November 21, 2023, no lien/order was recorded, no fine accrued. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- in the case of the City of Okeechobee v. Jack Grace, Case#231101008, I will make a finding that the respondent was cited for violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having a broken lawnmower, water heater, and a tank in the backyard and two untagged/inoperable vehicles in the front yard and overgrown grass, weeds, with trash/debris all over the property. The respondent is not a repeat violator. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith there is plenty of factual basis for the allegations in this case I can see what looks like an inoperable vehicle with no tag and looks like it has been sitting there for a while, I can see the overgrown vegetation surrounding the property and a trailer there with what looks like to be junk and looks like it has been there a while, I can see the lawnmower and looks like it has been abandoned for a while. Even though the respondent did come into compliance they were in violation until they came into compliance. I will follow the city's recommendation of no further action on this matter, but it will 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, 30-44 General cleaning and beautification from October 12, 2023, until the property came into compliance on November 21, 2023, no lien/order was recorded, no fine accrued. Anything else Mr. Smith AS- no sir RA- okay next case Page 8 of 10 VII. COMPLIED CASES CONTINUED J. Case No. 221119010; Okeechobee Commons, LTD c/o Property Tax Eagle, 402 Northwest 10th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 12). AS-On June 13, 2023, the Case was presented to the Special Magistrate, no action on this matter however it was noted for the record that the property came into compliance on May 9, 2023, leaving a fine balance of $4,150.00, plus a $50.00 administrative fee, totaling $4,200.00. on October 16, 2023 received payment in the amount of $4,200.00 to pay the fine balance in full. Paid by check #1597, Receipt #49786. Release of Lien prepared for the Mayor's signature. On October 18, 2023 Release of Lien recorded Official Records File #2023012055 Page(s): 1. On October 19, 2023 Release of Lien mailed out via USPS regular mail to agent of record and the business office address. The City recommends no action on this matter, but request it be noted for the record that the lien/order was recorded February 15, 2023, property came into compliance on May 9, 2023 with a fine balance of $4,200.00 including a $ 50.00 administration fee that was paid in full on October 16, 2023. The Release of Lien was recorded on October 18, 2023. The Case is now closed. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- I will make a finding in the case of the City of Okeechobee v. Okeechobee Commons LTD c/o Property Tax Eagle, Case #221119010, based upon the facts and the testimony presented at this hearing today I will make a finding that the city recommends that no further action be taken on this matter, but it will be noted for the record that the lien/order was recorded on February 15, 2023, property came into compliance on May 9, 2023, with a fine balance of $4,200.00 including a $50.00 administrative fee that was paid in full on October 16, 2023. The Release of Lien was recorded on October 18, 2023. The case is closed Anything else Mr. Smith AS- no sir RA- okay next case K. 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 13). AS- on September 12, 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 and imposed a fine of$50.00 per day plus a one-time $50.00 administrative fee to begin 21 days after the date of this Hearing unless the property owner brings the property into compliance on or before that date. On September 14, 2023 Lien/Order mailed via USPS certified return receipt. Received by N. Jones on September 18, 2023. On September 25, 2023 Lance J. Samardge VP, Asset Management emailed the office and asked for photo evidence of the overgrown grass and weeds around the retention pond. Code Officer Smith inspected the property, still noncompliant overgrown grass, and weeds around the pond as you can see in the photos. On September 26, 2023 I Code Officer Smith emailed photos to Lance Samardge showing the overgrown grass and weeds. On October 3, 2023 Code Officer Smith inspected the property, still non-compliant, debris has been picked up however overgrown grass and weeds around the retention area remains as you can see in the photos. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2023011477, Page(s):1. Mailed Recorded Lien/Order via USPS certified return receipt. On October 10, 2023 Code Officers Smith and Curl rode past the property and noticed that the property was in compliance after conducting an inspection as you can see in the photos the overgrown vegetation has been mowed. Case Closed leaving a fine balance of$400.00 including the $50.00 administrative fee. On October 11, 2023, A Compliance Letter with the fine total was mailed out via USPS certified mail. On October 20, 2023 Code Officer Curl received an email from the Asset Manager Lance Samardge, with reference to the notice he received stating that there is a fine balance on the property. I emailed him letting him know why and explained that the property is in compliance, however, a lien remains on the property until the fine balance is paid in full. I attached a Fine Reduction application if he would like to request a reduction. On October 27, 2023 Code Officer Curl received a call from the Asset Manager Lance Samardge who stated Page 9 of 10 VI. COMPLIED CASES CONTINUED K. Case No. 230809011; CONTINUED: that the property came into compliance on October 8, 2023. I advised him that if he could send me evidence of the property being in compliance on October 8, 2023 that we could put the property into compliance on October 8, 2023 and it would take two days off the fine balance. Lance sent an email with photos showing the date and time he received notice that the property was in compliance. Credit of two days given on the fine balance leaving a fine balance of$300.00 including the $50.00 administrative fee. Updated compliance letter with fine total emailed to Lance. He advised that he have his company cut a check to pay the fine balance in full. On November 2, 2023 Lien payment of $300.00 received, check #1016, receipt #49789. Release of Lien prepared for the mayor's signature. Payment receipt emailed to Lance Samardge. On November 8, 2023 Recorded Release of Lien at the Okeechobee Clerk of Court, Official Records File#2023012778, Page(s): 1. Release of Lien mailed out via USPS regular mail. The City recommends no action on this matter, but requests it be noted for the record that the lien/order was recorded October 3, 2023, property came into compliance on October 8, 2023 with a fine balance of$300.00 including a $ 50.00 administration fee that was paid in full November 2, 2023. The Release of Lien was recorded on November 8, 2023. The case is now closed. RA- Mr. Hyden, anything you would like to add on behalf of the city. GH- no sir RA- in the case of the City of Okeechobee v. Okbee Outparcel LLC, Case #230809011, I will make a finding that the respondent was adjudicated for being in violation and did come into compliance with the city code violations. I will make a finding in this case, and I will follow the city's recommendation of no further action on this matter, but it will be noted for the record that the lien/order was recorded on October 3, 2023, property came into compliance on October 8, 2023, with a fine balance of$300.00 including a $50.00 administrative fee that was paid in full on November 2, 2023. The Release of Lien was recorded on November 8, 2023. The case is closed Anything else Mr. Smith AS- no sir RA- okay that will be it VII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7:04 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 10 of 10