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2024-01-09 Handwritten MinutesCITY OF OKEECHOBEE CODE ENFORCEMENT JANUARY 9, 2024, SPECIAL MAGISTRATE HEARING 55 SOUTHEAST THIRD AVENUE, OKEECHOBEE, FLORIDA 34974 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. I. CALL TO ORDER A. 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 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. There were none. IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH A. Special Magistrate Azcona dispensed with the reading and approve 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 Ms. Betty Khan. V. FINE REDUCTIONS REQUESTS A. Case No. 221221016-1 130 Palm Beach Properties LLC c/o Betty Khan, Northwest 11th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 1). AS- violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown weeds, grass, bushes, shrubs, or trees. The respondent is not a repeat violator. The violation was first observed on November 19, 2022. Respondent was first notified on November 22, 2022 via Courtesy Card. The respondent was found in violation on February 14, 2023 and a fine of $50.00 per day, plus a $50.00 administrative fee imposed to begin 21-days after the date of the hearing. The Lien/Order was posted at the property and City Hall on February 15, 2023 and mailed via USPS certified return receipt. The Lien/Order was recorded on March 7, 2023. A 90-Day Letter was mailed via USPS certified return receipt and regular mail on July 26, 2023. The certified letter was returned unclaimed on September 18, 2023. Received a call from Betty Khan, the property owner, she stated that she received the 90-Day Letter and wanted to know how this came about because she was not aware of this and that it is absurd that vacant property has to be maintained. She was advised that this case was started on November 19, 2022 and a Courtesy Card was sent that was not returned, however every piece of mail that Page 1 of 4 PF. rti r %• '1 r I� ' • '•r • JI ' •� •..' f 16 I• r ' L r+ 1 r• ti L r 5 '% ok �L'1 r .. f JL 1.1 1 1 1 r • •'•'' 1 J 7� 1 ti rr .. �• ' 1{' .J .f�11'7 '17T� -''1 r'1 � � 1 '•� IL I 1.•- rr. 1 �'•' ti7Jlr ' •F J r� r'� LI' ' ti_ r ' ••� • {r ti m JAI Le 9re :r v -ck%: I L ame: ��L T .r r';• �1.1♦r % �LJ • . . �.. 4 : _{ 'a 1 y ■� �' ::.� ' L•r {y,. ' . { :1• titi .fir .-�LT�yr� LY 1 ' }:•1' % '.� 7 ig�� y .�v�. �'• •; ; �' e•;, •r `ti % •' 'ik .•rl� 7 rl ` 'r �' ; IN �■'� .. ti 'f ` ', •ti.ti .'j. rti 1 LT �� r � 'll� %1 1 5�1.. � 1� INy� L' •. 1 • 1�•:�.. 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Case No. 221221016; CONTINUED: was sent to her certified was returned unclaimed, therefore the property was posted with all the proper notices. She stated that she has never seen the posts as she lives in Palm Beach and does not come to the property. She was advised that even though she lives in a different county it is her duty as a property owner to check and maintain any property that she owns. She requested a hearing with the Special Magistrate, she was advised that in order for the case to go back before the Magistrate she would need to bring the property into compliance and then submit an application for a fine reduction. She requested a copy of the city ordinances be emailed to her stating that a vacant lot has to be maintained. Email sent to Ms. Khan. Code Officer Smith inspected the property on August 21, 2023, and found the property to be in compliance with a fine balance of $8,300.00, plus a $50.00 administrative fee due. A Compliance Letter with the fine total, lien/order, and a fine reduction application emailed to Betty Khan. Fine Reduction Application and fee received on October 23, 2023. Code Officer Smith inspected the property on October 26, 2023 and found the property to be non -compliant, the property was overgrown with weeds, grass, bushes, and shrubs. Code Officer Curl emailed the property owner Betty Khan to let her know that the Fine Reduction application had been denied as the property was found to be non -compliant and that she would need to bring the property back into compliance and pay a reinspection fee of $35.00. Property owner Betty Khan came into the office on November 14, 2023, and spoke with Code Officer Smith, she stated that the property was in compliance, paid the reinspection fee and was advised that the property would be inspected tomorrow. Code Officer Smith inspected the property on November 15, 2023 and found the property to be in compliance. SOV/NOH mailed via USPS certified return receipt for the January 9, 2024 Hearing. The notice was returned, unclaimed on December 22, 2023. SOV/NOH emailed Betty Khan on December 14, 2023. The City recommends in accordance with Ordinance No. 1274 a fine reduction of 50% plus a $50.00 administrative fee, reducing the fine from $8,300.00 to $4,150.00 plus the $50.00 administrative fee, totaling $4,200.00 RA- anything you would like to add on behalf of the city Mr. Hyden GH- no sir thank -you RA- who do we have here for this case BK- Betty Khan RA- you have been sworn in and how do you spell your last name. BK- yes and Khan RA- okay you heard the allegations, what would you like me to know BK- I was going through a bad divorce in 2019 and when I bought the property the previous owner did not disclose to me that the property needed to be maintained and I was not aware and the reason, I didn't receive the registered mail it is because I live on a very busy street and the post office is unable to come to my door. My intent is to keep it up. I don't think it is fair that I should be paying any fine because I was unaware of it, and I am going through a nasty divorce, and I do not have any money RA- Mr. Hyden, do you have anything to add GH- no, your honor the ordinance is very clear with the scope of the magistrate and the staff for a fine reduction RA- when did you buy the property BK- in 2020 RA- as magistrate I must follow the requirements of the law and the property is located within the City of Okeechobee and the code officer is required to maintain the ordinances for the beautification of the city BK- when I received the regular mail and as soon as I found out I corrected it RA- I understand you took care of it, but it went into violation again BK- because the landscaper was in the hospital RA- but ultimately it is your property BK- yes sir it is but I do not have any money I am going through a nasty divorce, and I have children to take care of three teenagers to feed and they eat a lot RA- did you contact code enforcement to try to work out a payment arrangement Page 2 of 4 V. FINE REDUCTIONS REQUESTS CONTINUED A. Case No. 221221016; CONTINUED: BK- no sir because I am hoping that it gets taken away RA- okay but there are city ordinances that must be followed and when the case was presented to me there was factual basis to support the violation and a fine was imposed BK- can we get it down to $1,000.00 and no more RA- I cannot do that unless code enforcement allows it. Is this something that can be done, Mr. Smith? AS- that is why I am giving them 50 percent due to the outline in Ordinance No. 1274 about the length of time the property was non -compliant and us not being able to make contact with her and the property being non -compliant again and having to wait for the property to be brought back into compliance we are being more than generous with the 50 percent BK- But I was unaware, and I don't feel that is fair, are you able to get it down to $1,500.00. RA- Ms. Khan I will give you an opportunity to discuss this further with Code Enforcement to see if something can be done BK- Okay, Mr. Smith can this be reduced to $1,500.00 AS- 50 percent is the best I can do as per the ordinance RA- okay this is what I will do for you Ms. Khan I will give you an opportunity to talk to Code Enforcement to work out a payment arrangement or to see if it can be lowered any further otherwise, I will deny any further reduction. I will give them to the next hearing to advise on the outcome and make a ruling BK- Sir I do not have any money and I am unable to pay that AS- we can work out a payment agreement we would be willing to do that RA- do you have anything to add Mr. Hyden GH- no sir BK- how do I get in touch with Mr. Smith or Mrs. Curl do I call you later AS- call tomorrow between 8:30 and 5:30 BK- I will do that RA- okay next case VI. NEW CASES A. Case No. 231009016; Epanoptix Inc, Antoinette McDonald, Northwest 1011 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- violation of 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 for having overgrown vegetation in need of being cut, trash, yard debris or junk in need of being cleaned/removed and the structure in need of being repaired to be structurally sound and sanitary so as not to pose a threat to the public health, safety, or welfare. The respondent is not a repeat violator. The respondent was first notified on September 22, 2023 via Courtesy Card. As you can see in the pictures the grass and bushes are extremely high, as much as 3-4 feet in some areas. On October 9, 2023 Code Officer Curl inspected the property and found the property to be non- compliant, the unsound/unsanitary structure remains, with no repairs made, however some progress has been made with the cutting of the overgrown grass. Photos in the file. As you can see in the pictures, they had made some progress with the cutting of the grass, however the overgrown bushes inside the structure need to be cut and the structure itself needs some attention. A SOV/NOH, and photos mailed via USPS certified return receipt for the December 12, 2023 Hearing. Received by Antoinette Russell on October 13, 2023. On December 6, 2023, The property owner Antoinette McDonald called in spoke with Code Officer Smith and stated that she was out of town the entire month of December and asked for the case to be held on a later date so that she can be at the hearing to present any evidence she may have. Code Officer Smith inspected the property and found the property to be non -compliant, the unsound structure, and the overgrown shrubs were back again, they were not maintaining it. Photos in file. On December 11, 2023 SOV/NOH mailed via USPS certified return receipt for the January 9, 2024 Hearing. USPS tracking detail placed in file. Received on December 14, 2023, no signature on card. On December 12, 2023 Case presented to the Special Magistrate and deferred to the January Page 3 of 4 _4 Ill ''J 1'-Irl AY -1• 7'7�7T`W �`E F y. •'�'� r t �• L,�1�'� • 1, .T .i •1 .. 1.: . 7. '�• L',•1 1 1 n• .rl 1 'r - 1 1 }•• ••tip Y• ''1. �•• .I ,1 r•'7 k� 7�.r tir # •ti Jy� L4 r •�•;,r �.• 1 J ■ , f1, f L�; �•1 •• 1 rJ'• '¢1 L - •1 1 •. 1• L�% ,� •7 f •�ti F 11.. , % • •��'Lr•.ti.. ■ r�•'rti1 _.tif •1. 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On January 4, 2024 Code Officer Smith inspected the property, non- compliant: the unsound structure remains, and the overgrown vegetation has not been maintained. Photos in file. To comply with City ordinances, cut and maintain vegetation on the property. Repair or remove the structure from the property. The City recommends a fine of $50.00 per day, to begin on January 10, 2024, plus a $50.00 administrative fee. RA- anything you would like to add on behalf of the city Mr. Hyden GH- yes, Code Officer Smith just to clarify you took the photographs that are in the file AS- That is correct, I took the photos and Code Officer Curl took the photos as well GH- okay, thank you and the fine that you are recommending is consistent with the city's fine schedule AS- that is correct GH- and you guys were able to make contact with the property owner that is correct AS- that is correct GH- I have nothing further RA- and Mr. Smith when you last had contact with the owner, she was aware of the hearing today AS- yes, she was advised that we would defer it and I sent her a letter as well and she received it RA- okay sound good so in the case of the City of Okeechobee v. Epanoptix Inc, Case #231009016, 1 will make a finding in this case the respondent in this case was cited for Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and Sections 304.1 General and 304.1.1 Unsafe conditions and based on the testimony of the certified Code Enforcement Officer Mr. Smith and the exhibits presented today at this hearing I will find that there is more than sufficient factual basis for the allegations in this case and I will make a finding that the respondent is in violation of the sections cited in this case which would be 30-43 Public nuisances, 30-44 General cleaning and beautification and IPMC Chapter 3, Sections 304.1 General, 304.1.1 Unsafe conditions. By looking at the photos there are plenty of shrubs and overgrown vegetation throughout the pictures and I also see an empty building that looks dilapidated and has not been maintained. It is either an abandoned building or unfinished building that would satisfy the unsafe conditions allegations in this case. I will make a finding that the respondents are in violation and have been properly notified and were aware of the hearing today. So, I will follow the city's recommendation in this case and fine the respondents $50.00 per day to begin on January 10, 2024, plus a $50.00 administrative fee. Anything else in this case, Mr. Smith AS- no sir VII. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 6:30 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 4 of 4 •% �. : r • 1 •tiY •• 1 _ � f�• 1 � �1 �� al J X. i�,•�y ti '�'Y '� 1 '�• Lf F�L%}tip, L ,J1% ,i% • ,'•�•: � •} m.r •ii�l • T� � •�' � � .- 1 � k • ' � = : �•. � �� k•. r�r �i.k}��1 L � } • • . � : � . 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