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2023-12-12 VI. K. Case #230809011, Exhibit 13 Exhibit 13 VI. K. Exhibit #13 Case #230809011 Okbee Outparcel LLC Exhibit 13 Code Enforcement Hearing December 12, 2023 Case Number, Name and Address: Case#230809011, Okbee Outparcel LLC, 510 NE Park St. Code Section Violated Description of Violation Chapter 30, Sections 30-43 Public nuisances, and 30- overgrown grass and weed on all sides of the property 44 General cleaning and beautification Debris on the side and front of the property Photos: See attached Is respondent a Repeat Violator? No Summary: • Respondent was first notified on July 20, 2022 via Courtesy Card. • The City communicated with the respondent on the below occasion(s). Date of Type of notice Received Date notice by received /returned September Case presented to the Special Magistrate found in violation of Chapter 30, Sections 12, 2023 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. September Lien/Order mailed via USPS certified return receipt N. Jones September 14, 2023 18, 2023. September Lance J. Samardge VP, Asset Management emailed the office and asked for photo 25, 2023 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. September I Code Officer Smith emailed photos to Lance Samardge showing the overgrown 26, 2023 grass and weeds. October 3, Code Officer Smith inspected the property, still non-compliant, debris has been 2023 picked up however overgrown grass and weeds around the retention area remains. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2023011477, Page(s):1. Mailed Recorded Lien/Order via USPS certified return receipt. October 10, Code Officer Smith/Curl rode past the property and noticed that the property was in 2023 compliance after conducting an inspection. Photos in file. Case Closed leaving a fine balance of$400.00 including the$50.00 administrative fee. October 20, Code Officer Curl received an email from the Asset Manager Lance Samardge, with 2023 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. Page 1 of 2 Exhibit 13 Date of Type of notice Received Date notice by received /returned October 27, Code Officer Curl received a call from the Asset Manager Lance Samardge who 2023 stated 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 would have his company cut a check to pay the fine balance in full. November Lien payment of $300.00 received, check #1016, receipt #49789. Release of Lien 2, 2023 prepared for the mayor's signature. Payment receipt emailed to Lance Samardge. November Recorded Release of Lien at the Okeechobee Clerk of Court, Official Records File 8, 2023 #2023012778, Page(s): 1. Release of Lien mailed out via USPS regular mail. City Recommendation: 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. Chronology attached: Page 2 of 2 Exhibit 13 Case #230809011, Okbee Outparcel LLC 510 NE Park St. Date Event/Document July 20, 2023 Property owner: Okbee Outparcel LLC Property address: 510 NE Park St, Okeechobee Mailing address: 2469 N John Young Pkwy Ste C-D, Orlando, FL 32804 Parcel ID: 3-15-37-35-0010-01710-0120 (34091) Legal Description: Begin at the Southeast corner of Block"K",CITY OF OKEECHOBEE,according to the Plat Book 5, Page 5, and run thence South(S) 18°49'45"West(W), a distance of 179.50-feet(ft)to a point on the North(N)boundary of Lot"R", Block 252, Plat Book 2,at Page 4,thence run W along the N boundary of said Lot"R", a distance of 106.98-ft to a point lying East(E),a distance of 135-ft from the Northwest corner of Lot"R";thence run N a distance of 312.03-ft to a point of intersection on the S right-of-way (ROW) of State Road(SR) 70 (N Park Street) as now maintained and located; thence run S 87°50'47"E along the S ROW of SR 70(N Park Street)as now maintained and located a distance of 165.61- ft to a point on the E boundary of Block"K", as aforesaid; thence S along the E boundary of said Block"K", a distance of 135.78-ft to the point of beginning, Okeechobee County public records. Code Officer Smith and Curl observed the above-mentioned property to be in violation of Chapter 30 Sections, 30-43 Public nuisance and 30-44 General cleaning and beautification: overgrown grass and weed on all sides of the property Debris on the side and front of the property. Photos in the file. July 20, 2023 Courtesy Card, photos and city ordinances mailed via USPS regular mail, giving the property owner 14 days to correct the violation July 31, 2023 Lane Samardge, VP, Asset Management with Okbee Outparcell LLC call and stated that they have the property cleaned up. August 3, 2023 Code Officer Smith inspected the property: still non-compliant, Dumpster and the trash around the dumpster needs to be removed. Photos in file. August 9, 2023 SOV/NOH, photos and city ordinances mailed via USPS certified return receipt for the September 12, 2023 Hearing. Received by N. Jones on August 12, 2023. September 5, 2023 Code Officer Smith inspected the property; still non-compliant, the roll off has been removed from the property, however debris remains on the property and overgrown grass and weeds around and in the retention pond. Photos in file. September 12, 2023 Case 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. September 14, 2023 Lien/Order mailed via USPS certified return receipt. Received by N. Jones on September 18, 2023. September 25, 2023 Lance J. Samardge VP, Asset Management (407.487.4839) www.RedBellPartners.com emailed the office and asked for photo evidence of the overgrown grass and weeds around the retention pond. I Code Officer Smith inspected the property, still noncompliant overgrown grass, and weeds around the pond. Page 1 of 2 Exhibit 13 Case #230809011, Okbee Outparcel LLC 510 NE Park St. Date Event/Document September 26, 2023 I Code Officer Smith emailed photos to Lance Samardge showing the overgrown grass and weeds. 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. Lien/Order recorded at the Okeechobee County Clerk of Court, File#2023011477, Page(s):1. Mailed Recorded Lien/Order via USPS certified return receipt. October 6, 2023 File given to City Hall to scan into records October 10, 2023 Code Officer Smith/Curl rode past the property and noticed that the property was in compliance after conducting an inspection. Photos in file. Case Closed leaving a fine balance of$400.00 including the$50.00 administrative fee. October 11, 2023 Compliance Letter with the fine total mailed out via USPS regular mail. 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. October 27, 2023 Code Officer Curl received a call from the Asset Manager Lance Samardge who stated 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 his company would cut a check to pay the fine balance in full. 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. 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. Page 2 of 2 114 Exhibit 13 1CITY OF OKEECHOBEE CODE ENFORCEMENT ro SEPTEMBER 12, 2023, SPECIAL MAGISTRATE HEARING `=.,� ,,,;,'''� OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, September 12, 2023, at 6:01 P.M. in the City Council Chambers, located at 55 Southeast(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 August 8, 2023, Minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to: Code Officers Smith and Curl; 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. 230719014; Charlie T. Merry, Jr. and Diane H. Merry, 404 Northeast (NE) 81h Ave,Okeechobee[Legal Description: Lot 12,RIVER RUN RESORT, PHASE II,Plat Book 6, Page 33, 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. 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 July 19, 2023.The notice was returned on August 15,2023.A Notice to Appear was posted on the property and on the public notices board at City Hall on August 16, 2023. The property was inspected and found to be non-compliant on September 5, 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 clean the exterior of the residence. The City recommends a fine of$100.00 per day, to begin 21-days after the Special Magistrate Hearing on September 12, 2023, unless the property owner brings the property into compliance on or before that date, plus a$100.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 230719014 to be in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and imposed a fine of $100.00 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. B. Case No. 230720007; Harry A. and Betty A. Schock, 1805 Northwest (NW) 7th Ave, Okeechobee [Legal Description: Lot 4 and North half of Lot 5 of Block 53, CONNERS HIGHLANDS, Plat Book 1 Page 21, Okeechobee County public records]. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification. The respondent is a repeat violator. A SOV/NOH was mailed via USPS certified return receipt on July 20,2023.The notice was returned on August 15,2023.The September 12,2023,Special Magistrate Hearing,Page 1 of 4 Exhibit 13 115 V. REPEAT VIOLATORS CONTINUED B. Case No. 230720007; CONTINUED: property was inspected and found to be non- compliant on August 3, 2023. A notice to Appear was posted on the property and on the public notices board at City Hall on August 16, 2023. The property was inspected and found to be non-compliant on September 5, 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 all the junk/debris from the property.The City recommends a fine of$100.00 per day,to begin 21-days after the Special Magistrate Hearing on September 12, 2023, unless the property owner brings the property into compliance on or before that date, plus a$100.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 230720007 to be in violation of Code of Ordinances Chapter 30,Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and beautification and imposed a fine of $100.00 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. C. Case No. 230719011; Blue Spring Holdings LLC, NE 9`h Ave, Okeechobee [Legal Description: Unplatted lands of the City the Southwest(SW)quarter of the NE quarter and North(N)half of the NW quarter of the SE quarter South(S)of the Sal Railroad(RR)right-of-way(ROW);SW quarter of the NW quarter of the SE quarter;the SE quarter of the NW quarter of the SE quarter;N half of the NE quarter of the SW quarter;and the S half of the NE quarter of the SW quarter lying East(E)of Taylor Creek;fractional NW quarter E of Taylor Creek and S of the Sal RR;and all that portion of land located in the NE quarter of the SW quarter and the SE quarter of NW quarter;S of the Sal RR in Section 15,Township 37 S, Range 35 E, that lies E of Taylor Creek improved channel as recorded in Plat Book 3, Page 29, public records of Okeechobee County,Florida less and except:a portion of the SE quarter and a portion of the SW quarter of Section 15, Township 37 S, Range 35 E, Okeechobee County, Florida and being described as follows: commencing at the quarter corner on the S line of said Section 15, bear N 00°10'04"E along the quarter section line a distance of 1399.41-feet(ft)to the point of beginning(POB)thence bear N 89°25'18"E along a line 80.00-ft N of and parallel to the S line of the N half of the S half of said Section 15,a distance of 673.21- ft to the E line of the SW quarter of the NW quarter of the SE quarter of said Section 15;thence bear N 00°11'25"West(W)along the aforesaid E line a distance of 450.00-ft;thence bear S 89°25'18"W a distance of 873.03-ft;thence bear S 00°10'04"E a distance of 83.36-ft thence bear S 89°25'18"W a distance of 119.60- ft to the Easterly shore line of Taylor Creek;thence bear the following courses in a Southerly direction along the Easterly shore line of Taylor Creek as follows: S 36°59'52" E a distance of 70.15-ft; S 26°01'09" E a distance of 49.01-ft;S 20°22'54"E a distance of 24.40-ft;S 09°48'57"E a distance of 23.52-ft;S 02°45'22"E a distance of 49.28-ft;S 0°20'24"E a distance of 49.34-ft;S 02°34'03"W a distance of 76.66-ft;S 00°53'25" W a distance of 44.65-ft;thence bear N 89°25'18"E a distance of 245.92-ft to the POB and less the following parcel containing one acre,more or less a parcel of land lying in the NW quarter of the SE quarter of Section 15,Township 37 S,Range 35 E,Okeechobee County,Florida.being more particularly described as follows: commence at the SE corner of said NW quarter of the SE quarter of Section 15,thence proceed S 89°21'13" W along the S line of said NW quarter of the SE quarter a distance of 70.00-ft to the POB;thence continue S 89°21'13"W along said S line a distance of 208.70-ft;thence departing said S line,run N 00°20'48"W along a line parallel with the E line of said NW quarter of the SE quarter a distance of 208.70-ft;thence departing said parallel line, run N 89°21'13"E,a distance of 208.70-ft;thence run S 00°20'48"E along a line parallel with and 70.00-ft W of(as measured at right angles to)the aforesaid E line of the NW quarter of the SE quarter of Section 15,a distance of 208.70-ft to the POB,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. The respondent is a repeat violator. The respondent was first notified via phone on June 6, 2023. The property was inspected and found to be non-compliant on July 18, 2023. A SOV/NOH was mailed via USPS certified return receipt on July 19,2023.The City has not received the notice nor the signature receipt card back as of the date of this Hearing.The property was inspected and found to be non-compliant on August 14,2023 and September 5, 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. The City recommends a fine of $100.00 per day, to begin 21-days after the Special Magistrate Hearing on September 12, 2023, unless the property owner brings the property into compliance on or before that date, plus a $100.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 230719011 to be in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and imposed a fine of $100.00 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. September 12,2023,Special Magistrate Hearing,Page 2 of 4 Exhibit 13 116 VI. NEW CASES A. Case No. 230809011; Okbee Outparcel LLC, 510 NE Park St, Okeechobee [Legal Description: Begin at the SE corner of Block"K",CITY OF OKEECHOBEE,according to the Plat Book 5, Page 5,and run thence S 18°49'45"W,a distance of 179.50-ft to a point on the N boundary of Lot"R",Block 252,Plat Book 2,at Page 4,thence run W along the N boundary of said Lot"R",a distance of 106.98-ft to a point lying E,a distance of 135-ft from the NW corner of Lot"R";thence run N a distance of 312.03-ft to a point of intersection on the S ROW of State Road(SR)70(N Park Street)as now maintained and located; thence run S 87'50'47"E along the S ROW of SR 70(N Park Street)as now maintained and located a distance of 165.61-ft to a point on the E boundary of Block"K",as aforesaid;thence S along the E boundary of said Block"K",a distance of 135.78-ft to the POB,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. The respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on July 20, 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 9,2023.The notice was received by N. Jones on August 12, 2023. The property was inspected and found to be non-compliant on September 5, 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 all the debris from the property. The City recommends a fine of$50.00 per day, to begin 21-days after the Special Magistrate Hearing on September 12,2023,unless the property owner brings the property into compliance on or before that date, plus a$50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 230809011 to be in violation of Code of Ordinances 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 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. 230809007;Justin Booth, 105 NE 8th Ave, Okeechobee[Legal Description: Lot 3, 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. 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 9, 2023. The notice was received on August 12, 2023. The property was inspected and found to be non-compliant on September 5, 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. The City recommends a fine of $50.00 per day, to begin 21-days after the Special Magistrate Hearing on September 12,2023,unless the property owner brings the property into compliance on or before that date, plus a$50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 230809007 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. VII. COMPLIED CASES A. Case No. 230712003; Pioneer Property Investments LLC, 1265 SE 21st St, Okeechobee [Legal Description: Lot 106, BLUE HERON GOLF AND COUNTRY CLUB, PHASE II, Plat Book 6, Pages 59 and 60, 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, International Property Maintenance Code (IPMC) Chapter 3, Section 304.1.1 Unsafe conditions the property was found to be in compliance on August 9, 2023, no Lien/Order recorded, no fine accrued. September 12,2023,Special Magistrate Hearing,Page 3 of 4 Exhibit 13 117 VII. COMPLIED CASES CONTINUED B. Case No. 230621009; Grand Lake Investments Inc, NW 5"' St, Okeechobee [Legal Description: Lots 20 and 21 and W half of Lot 22 of Block 99, CITY OF OKEECHOBEE, 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 1, 2023, no Lien/Order recorded. no fine accrued. C. Case No.230727011;Tom Nguyen. 2'10 SE 3rd St,Okeechobee[Legal Description: Lot 1 of Block 208, FIRST ADDITION TO OKEECHOBEE, Plat Book 1 and Plat Book 5, Page 11 and Page 6, 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 70, Section 70-251 Permit required,the property was found to be in compliance on August 17, 2023, no Lien/Order recorded, no fine accrued. D. Case No. 230720009; Chad T. Carter and PJ Carter, 501 SW 14th Court, Okeechobee [Legal Description: Lot 4 of Block C, OAK GROVE ADDITION TO THE CITY OF OKEECHOBEE, Plat Book 2, Page 86,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 10, Section 10-8(b) Public nuisance,the property was found to be in compliance on August 31, 2023, no Lien/Order recorded, no fine accrued. VIII. ADJOURN MEETING / There being no further business to come before the Special MagistrateTetie''Hearing was adjourned at 7:11 P.M. /Roger Azcona, pecial Magistrate ATTEST: h�,l 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. September 12,2023,Special Magistrate Hearing,Page 4 of 4 Exhibit 13 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2^t Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE,FLORIDA CASE NO.230809011 CITY OF OKEECHOBEE,PETITIONER -vs- Okbee Outparcel LLC,RESPONDENT LIEN!ORDER THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public hearing on September 12,2023.After due notice to the respondent, the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Property Owner: Okbee Outparcel LLC Property Location: 510 Northeast Park Street,Okeechobee,FL.34972 Legal Description: Begin at the Southeast corner of Block"K",CITY OF OKEECHOBEE,according to the Plat Book 5,Page 5,and run thence South(S)18°49'45"West(W),a distance of 179.50-feet(ft)to a point on the North(N)boundary of Lot"R",Block 252,Plat Book 2,at Page 4,thence run W along the N boundary of said Lot"R",a distance of 106.98-ft to a point lying East(E),a distance of 135-ft from the Northwest corner of Lot"R";thence run N a distance of 312.03-ft to a point of intersection on the S right-of-way (ROW)of State Road(SR)70(N Park Street) as now maintained and located;thence run S 87°50'47"E along the S ROW of SR 70(N Park Street)as now maintained and located a distance of 165.61-ft to a point on the E boundary of Block"K",as aforesaid;thence S along the E boundary of said Block "K", a distance of 135.78-ft to the point of beginning, Okeechobee County public records. Parcel: 3-15-37-35-0010-01710-0120(34091) CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation Chapter 30,Sections 30-43 Public nuisances, Overgrown grass,weeds,and debris on the side and front of the 30-44 General cleaning and beautification property ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification,concerning your property located at 510 Northeast Park Street,Okeechobee,Florida. If you do not correct the violations by October 3,2023,the Magistrate hereby imposes a fine of$50.00 per day,including a one-time administrative fee of$50.00,commencing that date and continuing to accrue daily until the City verifies that the violations are corrected.Further,if you do not correct the violation by said date,a copy of this Order as a Claim of Lien, shall be recorded in the Office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162.You have the right to appeal this finding within thirty days,and order by Writ of Certiorari to the Circuit Court,Okeechobee County, Florida. If you correct the violation prior to the above date,it is your obligation to contact the Code Enforcement Officer to verify such compliance. ORDERED this 12th day of September,2023. �f e-- / Citya6 Okee hob�e Code En rcement Spe ' �'Mil,s{rate Roger Azcona,tsqulre, ATTEST: / , .,h n a14', 0 1 An.L' Christina Curl,Recording Secretary Notary Pubec Stale of Florida .T. Jeanne L Kovac STATE OF FLORIDA 00 "ticcrnwi '1anMHO70s1D COUNTY OF OKEECHOBEE ✓. ae -R The foregoing instrument was acknowledged before me this: day of c)P -,h-0r ,20, 3,by Roger Azcona and Christina Curl by means of,tphysical presence or r online notarization,who produced as identification or-,'C. is personally known to me and who did take an oath. 1 ' Signature of Notary: fB/xirta. 4i Exhibit 13 U.S. Postal Service"' CERTIFIED MAIL° RECEIPT N Domestic Mail Only cO m For delivery information,visit our website at www.usps.com". r9 rrq Certified Mall Fee Ln Extra&SMceS&Fees pie,*box,add fee as appropriate) i t,7 /e),{'"�r( ❑Return Receipt(aardcopy) $ _ ❑Return Receipt(electronic) $ Postmark 0 ❑Certified Mail Restrcted Delivery $ Here ['Adult Signature Required ❑Adult Signature Restricted Delivery$ p Postage $ m Total Postage and Fees ,-R Sent To �� / N . � t�r �.a „33.4 SiieF anifApt: oa]s0 ifj"' • v c- PS Form 3800,April 2015 PSN 753n-02-000.0047 See Reverse for Instructions Exhibit 13 - -- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Sig ture 1 PE Print your name and address on the reverse x /r - CI Agent so that we can return the card to you. 'L _ ❑Addressee t Attach this card to the back of the mailpiece, B. Receive by[Printed Name) C. D to of Delivery or on the front if space permits. 1- •ddress different from item 1 0 Yes Okbee Outparcel LLC :r delivery address below: ❑No 2469 N John Young Pkwy Ste C-D • Orlando, FL 32804 3. Service lype0 Adult nature ❑Priority Mail Express® ���111111111111111111111111111 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 8118 2349 5913 57 D Certified Mail® Delivery ❑Certified Mail Restricted Delivery 5 Signature ConfirmationTM ❑Collect on Delivery 0 Signature Confirmation 2. 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Parcel: 3-15-37-35-0010-01710-0120(34091) CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation Chapter 30, Sections 30-43 Public nuisances, Overgrown grass,weeds,and debris on the side and front of the 30-44 General cleaning and beautification property ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, concerning your property located at 510 Northeast Park Street,Okeechobee,Florida. If you do not correct the violations by October 3,2023,the Magistrate hereby imposes a fine of$50.00 per day,including a one-time administrative fee of$50.00,commencing that date and continuing to accrue daily until the City verifies that the violations are corrected.Further,if you do not correct the violation by said date,a copy of this Order as a Claim of Lien, shall be recorded in the Office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162.You have the right to appeal this finding within thirty days,and order by Writ of Certiorari to the Circuit Court,Okeechobee County, Florida. If you correct the violation prior to the above date,it is your obligation to contact the Code Enforcement Officer to verify such compliance. ORDERED this 12th day of September,2023. //i' City d 0 e.Ichobpd' Code En rcementtpecia a jst'fate 79 / Roger Azcona, sq`E wre ATTEST: / RallAl Christina Curl, ecording Secretary Notary PubRt:State or Flanda Jeanne L Kovac STATE OF FLORIDA �0„, a vt '1 Z My CarnrMasion H4 070013 COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this/ day of e bP4-,20 oa3,by Roger Azcona and Christina Curl by means of pl ysical presence or 0 online notarization,who produced as ide Gfication or2 is personally known to me and who did take an oath. Signature of Nota 1 B/AAi.- ./ L— Exhibit 13 U.S. Postal Service- CERTIFIED MAIL® RECEIPT Domestic Mail Only u7 For delivery Information,visit our website at www.usps.com". Certified Mall Fee �/ ..n $ etitGr1�'n Extra &Fees(check box,add fee as eppropriate) Il.t ❑Return Receipt(t ardcopy) $ L_l Hetu(n Receipt Wei:von c) $ / i f+o 2rlt�,� ['Certified Mail Restricted DeNvery S J'� h) Q .Adult Signature Required $ []Adult Signature Restricted Delivery$ O Postage V 3/!^) J<3 $ fU Total Postage and Fees Sent 7b / .treet C-iA .o'or u na' o ; rstetef(+4 PS Form 3800,April 2015 PSN 7530-02-000-0047 Sce Reverse for Instruction: Exhibit 13 .015- --,-'...-,--. '.7.7 -, ,-,,,..:''77. ' f....'''•'-; -of ' ,S-4 Tqwrit:-..-' '- ).-.. • ...•:••••x;;,,-;,--'„);;;4:.,,,, ..„.., 4•• ,• -tit ,,...., 41:110iiii .., • : , ittr . t•ft' ,r,„: 41.,7,c- .4.:1-. ,.,,'. ..„:. . .?, .‘ ... , , ,: ,-, . -' . • ::..- ••4. ••.' ' • • ‘1• : ''''. :4'',', • .k: '..'''2' '`, f Oir--4,. r''.0i** ,- •.', , . ... f'4:'„ ' . ;,.. , ,,..,„,- Az.,,.i, .iit.`", .,4 ,.,. 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'',•;*7s-',, 4,i;,-,-,14.,4':..:44,'-:g."-p;._,,,r,".24:'4:;••,*F4;,--.;*. ,1,,,.4t,_...: ' 7`.4.,,f4?4,,A1,•44:4,-.77';$44.47,:•,'"^sa•-,.„,tr,14,k,•,,N, ''''''":". ' t., ‘ s'- -— 'r.4',.•-•. :' r , :.'- :' .t.•': .^ • ^•.,"'-er-^','..S.sni"v't--,.-.-_ ,...-.,:4,-.. -rr , •r.,,.-,.. ..r-"' '''.,".'.'''*-r -. , Exhibit 13 City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 October 11, 2023 Okbee Outparcel LLC 2469 N John Young Pkwy Ste C-D Orlando, FL 32804 Re: 510 NE Park St. Okeechobee, FL Case #230809011 Dear Okbee Outparcel LLC: On behalf of the City of Okeechobee, we extend our appreciation and sincerest Thank-You, for your efforts to bring the above-mentioned property into compliance with City Ordinances with the cutting of all overgrown vegetation and removal of trash/debris from your property. The city has a responsibility to ensure that the ordinances enacted for the protection of life and property and for the general appearance of the city are followed by property owners in accordance with the desires of the residents of the community. Your continuing efforts, in maintaining your property is important to the City of Okeechobee, your neighbors and fellow citizens. The above-mentioned property has a Code Enforcement Lien with a fine balance of$400.00 including the $50.00 administrative fee. Please contact our office immediately to make arrangements to pay this fine. Failure to pay this fine will result in the lien on real and personal property to remain pursuant to Florida Statutes Chapter 162 and could result in a foreclosure action being filed against the above-mentioned property. If we can be of any assistance, please do not hesitate to contact us and we can discuss the matter. Again, Thank You for your cooperation, understanding and efforts in assisting with the beautification of the city. Sincerely, 4f16 �lru L Anthonymith City of Okeechobee Code Enforcement Officer 863-763-9795 asmith@cityofokeechobee.com Enclosure: Lien/Order Exhibit 13 From: To: Cm Gmm m.S S.bjeeb I2)01212N1LIFW:Mime Image showing Oct SM. Oaten Friday,Omober 27,2023 11:54:48 AM Lance J Samardge VP.Assn Menagunent Red Bell Partners 2469 N John Young I'Im.Suite C.Orlando FL 32804 0,407.487.4839 C:407 484.8404 www RedRellPannerc r ID '■ vt ■ Z a RED SELL CONFIDENTIALITY NOTICE: This email,including any attachments,contains information which may ble confidential or privileged.The information is intended to be for the use of the individual or entity named above.If you are not the intended recipient,be aware that any disclosure,copying,distribution or use of the contents of this information is prohibited.If you have received this email in error,please notify the sender immediately by"reply to sender only"message and destroy all electronic and hard copies of the communication,including attachments. 11:52 t, 12m 1""" .,ul 13 2 People Sun, Oct 8 at 5:26 PM Alfonso v. a 4 -y�• .. .iKey 4 -" U. ` R e�4"• • a;4% : - _ t- • _l Exhibit 13 -fit: '. S.0"04 y4 1 '"grow• " a.�y. ._F • i a I'�• — 1jf'.t Good afternoon I finished the job. Here are some before and after pictures. O' mcssactt sCash 1111111 're-.1* V- L J Exhibit 13 45 ` `j` r City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 October 27, 2023 Okbee Outparcel LLC 2469 N John Young Pkwy Ste C-D Orlando, FL 32804 Re: 510 NE Park St. Okeechobee, FL Case #230809011 Dear Okbee Outparcel LLC: On behalf of the City of Okeechobee, we extend our appreciation and sincerest Thank-You, for your efforts to bring the above-mentioned property into compliance with City Ordinances with the cutting of all overgrown vegetation and removal of trash/debris from your property. The city has a responsibility to ensure that the ordinances enacted for the protection of life and property and for the general appearance of the city are followed by property owners in accordance with the desires of the residents of the community. Your continuing efforts, in maintaining your property is important to the City of Okeechobee, your neighbors and fellow citizens. The above-mentioned property has a Code Enforcement Lien with a fine balance of$300.00 including the $50.00 administrative fee. Please contact our office immediately to make arrangements to pay this fine. Failure to pay this fine will result in the lien on real and personal property to remain pursuant to Florida Statutes Chapter 162 and could result in a foreclosure action being filed against the above-mentioned property. If we can be of any assistance, please do not hesitate to contact us and we can discuss the matter. Again, Thank You for your cooperation, understanding and efforts in assisting with the beautification of the city. Sincerely, Christina Curl City of Okeechobee Code Enforcement Officer 863-763-9795 ccurl@cityofokeechobee.corn Exhibit 13 CITY OF OKEECHOBEE, FLORIDA 0 4 9 7 Q 9 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N_ (863) 763-3372 (0,)prneer2, 20 RECEIVED from L, k OPE (/'(...A4--A.:arlIL 1 L--0 . --jh re.,,e 1 h ' DA . Dollars o Q l/ ' NANr� �, ram GAG C.' (re {,L $ 75(ID L (,D CLERK 1UdLo Exhibit 13 Official Records File#202301 2//8 Page(s):1 PREPARED BY AND RETURN TO: Jerald D Bryant City of Okeechobee Clerk of the Circuit Court 8 Comptroller Okeechobee, FL Recorded 11/8/2023 1:47 PM Code Enforcement Department Fero: RECORDING$10.00 50 Southeast 2nd Avenue Okeechobee, Florida 34974 RELEASE OF LIEN The City of Okeechobee ("City"), is the owner and holder of the Lien/Order recorded on October 3, 2023 in OR File No. 2023011477, Page(s) 1 of the Official Records of Okeechobee County, Florida, claiming a Lien against the property described as follows: City Case No: 230809011 Property Owner: Okbee Outparcel LLC Site Address: 510 Northeast Park Street, Okeechobee, FL. 34972 Legal Description: Begin at the Southeast corner of Block"K",CITY OF OKEECHOBEE, according to the Plat Book 5, Page 5, and run thence South(S) 18°49'45"West(W), a distance of 179.50-feet(ft)to a point on the North(N)boundary of Lot"R", Block 252, Plat Book 2, at Page 4, thence run W along the N boundary of said Lot"R", a distance of 106.98-ft to a point lying East(E), a distance of 135-ft from the Northwest corner of Lot"R";thence run N a distance of 312.03-ft to a point of intersection on the S right-of-way (ROW) of State Road(SR) 70 (N Park Street) as now maintained and located;thence run S 87°50'47"E along the S ROW of SR 70(N Park Street)as now maintained and located a distance of 165.61-ft to a point on the E boundary of Block"K",as aforesaid;thence S along the E boundary of said Block "K", a distance of 135.78-ft to the point of beginning, Okeechobee County public records. Parcel ID No.: 3-15-37-35-0010-01710-0120 (34091) ("Property"). The City hereby fully releases said Lien/Order against the Property and considers same to be cancelled and discharged of record. While this Release of Lien is intended to release the aforementioned Property from the Lien/Order fully and completely, it is not intended to release or embrace contractual rights. City of Okeechobee it (i!! / Dowling R. Watford, Jr., Mayor .)i, Date Sworn to (or affirmed) and subscribed before, by means of( physical presence or n online notarization, me this I.} day of f i C;:y'l fl t(Jtt , 2023, by ()CCU(ilt . � 1- i i I��i d, i . , who is g personally known to me or n provided the following identification: ()- r"kkt, S. LANE GAMIOTEA Notary Public -/State of Florida`` '.� OWMY COMMISSION#HH415279 NOTARY PUBLIC we EXPIRES:June 29,2027 . °r° State of Florida at Large My Commission Expires: