2024-01-09 Official Minutes124
`\y,pF•OKFrCy CITY OF OKEECHOBEE CODE ENFORCEMENT
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a JANUARY 9, 2024, SPECIAL MAGISTRATE HEARING
9.
OFFICIAL MINUTES
CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on
Tuesday, January 9, 2024, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast
V Avenue, 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or withdrawn; there were none.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 December 12,
2023, Minutes.
B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively
administered an Oath to: Code Officers Smith and Curl and Mrs. Betty Khan; 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. FINE REDUCTION REQUESTS
A. Case No. 221221016; 130 Palm Beach Properties LLC c/o Betty Khan, Northwest (NW)
11th Street (St), Okeechobee [Legal Description: Lots 7, 8, 9, 10 and 11 of Block 30, CITY
OF OKEECHOBEE, Plat Book 1, Page 10 and Plat Book 5, Page 5, Okeechobee County
public records].
Code Officer Smith testified that the property was found in violation of Code of Ordinances
Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification
on February 14, 2023, where a fine in the amount of $50.00 per day starting 21-days after
the date of the Hearing, plus a one-time $50.00 administrative fee was imposed. The
property was inspected and found to be non -compliant on March 7, 2023 and the imposed
fine began accrual. After the fine accrued for 90-days, a letter was mailed via United States
Postal Service (USPS) certified return receipt and regular mail on July 26, 2023. The non -
certified notice was received by Betty Khan on August 2, 2023. The certified notice was
returned on September 18, 2023. The property was brought into compliance on August
21, 2023, with a fine balance of $8,300.00, plus a $50.00 administrative fee due. A
Compliance Letter with the fine total was emailed to Mrs. Khan on August 21, 2023. Mrs.
Khan submitted a request for a fine reduction on October 23, 2023. The property was
inspected to determine if the property remained compliant and was found to be back in
violation on October 26, 2023. A denial of the fine reduction request was emailed to Mrs.
Khan on October 31, 2023. The property was found to be back in compliance on
November 15, 2023. A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed
via USPS certified return receipt on November 15, 2023. The notice was returned on
December 22, 2023. A SOV/NOH was emailed to Mrs. Khan on December 14, 2023. Mrs.
Khan appeared before the Special Magistrate and conveyed her explanations and
reasonings for why the property remained in violation for an extended length of time and
requested that the fine be reduced to zero due to the circumstances. The City
recommends a fine reduction of 50 percent, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona deferred Case No.
221221016 to the next Special Magistrate Hearing to allow the property owner an
opportunity to speak with Code Enforcement about lowering the fine and to work
out a payment arrangement.
January 9, 2024, Special Magistrate Hearing, Page 1 of 2
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VI. COMPLIED CASES CONTINUED
J. Case No. 221119010; Okeechobee Commons, LTD c/o Property Tax Eagle, 402 NW 101n
St, Okeechobee [Legal Description: Lots 1 to 6 inclusive, Lots 14 to 26 inclusive and all
vacated alley lying between Lots 1 to 6 and Lots 21 to 26 and S half of vacated alley lying
between Lots 7 to 13 and 14 to 20 of Block 29, CITY OF OKEECHOBEE, Plat Book 1,
Page 10, Okeechobee County public records]. No action on this matter was requested but
is noted for the record that the Lien/Order was recorded on February 15, 2023, the
property was found to be in compliance on May 9, 2023, with a fine balance of $4,200.00.
The fine balance was paid in full on October 16, 2023, and the Release of Lien was
recorded on October 18, 2023.
K. 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 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]. No action on this matter was requested but is noted for the cord that the
Lien/Order was recorded on October 3, 2023, the property was found t in compliance
on October 8, 2023, with a fine balance of $300.00. The fine balanc was paid in full on
November 2, 2023, and the Release of Lien was recorded on Nov ber 8, 2023.
VII. ADJOURN MEETING
There being no further business to come before the Spe istra Hearin
adjourned at 7:04 P.M.
Roger Azcona, Special Magistrate
ATTEST:
C stina 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.
December 12, 2023, Special Magistrate Hearing, Page 3 of 3
125
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VI. NEW CASES
A. Case No. 231009016-1 Epanoptix Inc, Antoinette McDonald, NW 10t" St, Okeechobee
[Legal Description: Lot 13 and West half of Lot 12 of Block 42, CITY OF OKEECHOBEE,
Plat Book 1, Page 10 and Plat Book 5, Page 5, Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter
30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, and
International Property Maintenance Code (IPMC) Chapter 3, Sections 304.1 General,
304.1.1 Unsafe conditions. The respondent is not a repeat violator. A Courtesy Card was
mailed via USPS regular mail on September 22, 2023. The property was inspected and
found to be non -compliant on October 9, 2023. A SOV/NOH was mailed via USPS certified
return receipt on October 9, 2023. The notice was received by Antoinette Russell on
October 13, 2023. The respondent requested that the case be deferred to a later hearing
as she was unable to attend the December 12, 2023 Hearing on December 6, 2023. The
property was inspected and found to be non -compliant on December 6, 2023. A SOV/NOH
was mailed via USPS certified return receipt on December 11, 2023. The notice was
received on December 14, 2023. At the December 12, 2023 Meeting, Special Magistrate
Azcona deferred the case to the January Hearing to allow the respondent an opportunity
to attend. The property was inspected and found to be non -compliant on January 4, 2024.
To comply with City Ordinances, the property owner needs to cut all weeds, grass, 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 repair or demolish the structure on the property. The City recommends a
fine of $50.00 per day, to begin on January 10, 2024, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case No.
231009016 to be in violation of Code of Ordinance Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, IPMC Chapter 3, Sections
304.1 General, 304.1.1 Unsafe conditions and imposed a fine of $50. %per day plus
a one-time administrative fee of $50.00 to begin on January 10, 20
VII. ADJOURN MEETING
There being no further business to come before the Special Magis rate,,,-t e�He-��as
adjourned at 6:30 P.M.
r Azcona, Special-Mggistrate
AT EST:
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.
January 9, 2024, Special Magistrate Hearing, Page 2 of 2
126
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