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2024-01-09 V. A Exhibit #1Exhibit 1 V. A. Exhibit #1 Case #221221016 130 Palm Beach Properties LLC c/o Betty Khan Exhibit 1 Code Enforcement Hearing January 9, 2024 Case Number, Name and Address: Case #221221016, 130 Palm Beach Properties LLC c/o Betty Khan Code Section Violated Description of Violation Chapter 30, Sections 30-43 Public nuisances, 3044 General cleaning and beautification Overgrown weeds, grass, bushes, shrubs, or trees. Is_respondent a Repeat Violator? No Summary: • Violation was first observed on November 19, 2022. • Respondent was first notified on November 22, 2022 via Courtesy Card. • 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. • Lien/Order posted at the property and City Hall on February 15, 2023 and mailed via USPS certified return receipt. • Lien/Order recorded on March 7, 2023. • 90-Day Letter mailed via USPS certified return receipt and regular mail on July 26, 2023. 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 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. Compliance Letter with 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 an reinspection fee of $35.00. Page 1 of 2 Exhibit 1 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. City Recommendation: 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. Chronology attached Page 2 of 2 Exhibit 1 Case #221221016; 130 Palm Beach Properties LLC, NW 1111 St Date Event/Document November 19, 2022 Property owner: 130 Palm Beach Properties LLC c/o Betty Khan Site address: NW 11th St, Okeechobee, FL. 34972 Mailing address: 12255 Orange Blvd, West Palm Beach, FL. 33412-1417 Parcel ID: 3-15-37-35-0010-00300-0070 (33385) Legal: City of Okeechobee (Plat Book 1, Page 10 and Plat Book 5, Page 5) Lots 7,8,9,10 & 11 of Block 30 Code Officer Curl observed the above -mentioned property to be in violation of the City Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown weeds, grass, bushes, shrubs, or trees. November 22, 2022 Courtesy Card, photos and city ordinances mailed via USPS regular mail, given 14-days to correct violations. December21, 2022 Code Officer Curl inspected the property, still non -compliant, no violations have been corrected. Photos in file. December 21, 2022 SOV/NOH, photos and ordinances mailed via USPS certified return receipt for the February 14, 2023 Hearing. Returned unclaimed, unable to forward on February 14, 2023. January 17, 2022 Code Officer Smith inspected the property: still non -compliant, no violations have been addressed, photos in file. January 26, 2023 Code Officer Smith posted the property and the public notices board at City Hall. Photos in the file. February 6, 2023 Code Officer Smith & Curl inspected the property: still non -compliant, no violations have been addressed, photos in file. February 14, 2023 Case presented to the Special Magistrate, found in violation of Chapter 30, Sections 30- 43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day, to begin 21-days after the date of the Special Magistrate Hearing, unless the property owner brings the property into compliance on or before that date, plus an on -time administrative fee of $50.00 imposed. Fine accrual will begin on March 7, 2023. February 14, 2023 Lien/Order prepared and signed by the Special Magistrate. February 15, 2023 Lien/Order mailed via USPS certified return receipt. February 15, 2023 Code Officer Smith posted the property and the public notices board at City Hall with the lien/order March 7, 2023 Code Officer Smith inspected the property: still non -compliant, property owner has not attempted to correct the violations. Photos in file. Page 1 of 3 Exhibit 1 Case #221221016; 130 Palm Beach Properties LLC, NW 11t" St Date Event/Document March 7, 2023 Lien/Order recorded at the Okeechobee County Clerk of Court, File #2023002753, Page(s):1. Recorded Lien/Order mailed via USPS certified return receipt. Returned on March 22, 2023, unclaimed unable to forward. June 14, 2023 Code Officer Smith inspected the property; still non -compliant, has not addressed any of the violations. Photos in file. July 21, 2023 Code Officer Curl inspected the property, still non -compliant, none of the violations have been addressed. Photos in file. July 26, 2023 90-Day Letter and copy of recorded lien/order mailed via USPS certified return receipt and regular mail. Received non -certified letter. Certified letter returned on. August 2, 2023 Code Officer Curl received a call from Betty Khan, 561-255-0776, bettyml1418(0-)_yahoo.com, she stated that she received the 90-Day Letter and wanted to know how this came about because she was not aware of this and that it is absurd that vacant property has to be maintained. She was advised that this case was started on November 19, 2022 and a Courtesy Card was sent that was not returned, however every piece of mail that was sent to her certified was returned unclaimed, therefore the property was posted with all the proper notices. She stated that she has never seen the posts as she lives in Palm Beach and does not come to the property. She was advised that even though she lives in a different county it is her duty as a property owner to check and maintain any property that she owns. She requested a hearing with the Special Magistrate, she was advised that in order for the case to go back before the Magistrate she would need to bring the property into compliance and then submit an application for a fine reduction. She requested a copy of the city ordinances be emailed to her stating that a vacant lot has to be maintained. Email sent to Ms. Khan. August 14, 2023 Received an email from Betty Khan advising that she found a company to clear the property and it should be completed by August 25, 2023 and as soon as they are completed, she will let us know. August 21, 2023 Received an email from Betty Khan advising that the property was in compliance. August 21, 2023 Code Officer Smith inspected the property and found the property to be in compliance. Case Closed. Photos in file. Fine balance of $8,300.00 plus a $60.00 administrative fee due. August 21, 2023 Compliance Letter with fine total, Lien/Order, and Fine Reduction Application emailed to Betty Khan. September 19, Received an email from Betty Khan stating that she didn't receive the application. Code Officer 2023 Curl resent an email with the Fine Reduction Application and Compliance Letter w/fine Total and mailed via USPS certified return receipt. Returned, attempted not known, unable to forward on October 31, 2023. September 25, Code Officer Curl received an email from Ms. Khan stating that she received the email that was 2023 sent on September 19, 2023 and will work on the fine reduction application immediately. Page 2of3 Exhibit 1 Case #221221016; 130 Palm Beach Properties LLC, NW 11t" St Date Event/Document October 2, 2023 Code Officer Curl received several phone calls from Ms. Khan with questions pertaining to the fine reduction application. She stated that she would be mailing the application along with payment via USPS certified return receipt. October 10, 2023 Case presented to the Special Magistrate, and it was noted for the record that the property came into compliance on August 21, 2023, and there is an existing lien in the amount of $8,300.00 plus a $50.00 administrative fee. October 23, 2023 Completed Fine Reduction Application with fee received from the property owner, Betty Khan. Receipt #49787, paid by Check #5302276647. October 26, 2023 Code Officer Smith inspected the property and found the property to be non -compliant. The property is overgrown with weeds, grass, brushes, and shrubs. October 31, 2023 Code Officer Curl emailed the property owner Betty Khan to let her know that the fine reduction application was denied unless the property is brought into compliance within 14 days and a $35 reinspection fee paid within the 14 days. November 14, 2023 Property owner Betty Kahn came into the office and spoke with Code Officer Smith to advise that the property was compliant. She also brought in check for the reinspection fee Receipt #49790 / Check #5302387312. 1 advised her that I would inspect the property tomorrow. I also advised her what was the next step. November 15, 2023 Code Office Smith inspected the property, in compliance. Photos in file. SOV/NOH mailed via USPS certified return receipt for the January 9, 2024, Hearing. Returned, unclaimed, unable to forward on December 22, 2023. December 14, 2023 SOV/NOH was email to Betty Khan to advise her date & time and where the hearing will be held. She was also advised to attend so that she could present any evidence on her behalf. Page 3 of 3 Exhibit 1 Okeechobee County Property Appraiser Mickey L. Bandi, CFA Parcel - 3-15-37-35-0010-00300-0070 (33385) Owner & Property Info Result: 9 of 154 130 PALM BEACH PROPERTIES LLC Owner C/O BETTY KHAN 12255 ORANGE BLVD WEST PALM BEACH, FL 33412-1417 Site NW 11TH ST OKEECHOBEE CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & Description* PLAT BOOK 5 PAGE 5) LOTS 7, 8, 9, 10 & 11 BLOCK 30 Area 0.902 AC S/T/R 15-37-35 Use Code** VACANT (0000) ITax District 150 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. **The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2021 Certified Values 2022 Certified Values Mkt Land $38,190 Mkt Land $53,178 Ag Land $0 Ag Land $0 Building $0 Building $0 XFOB $0 XFOB $0 Just $38,190 Just $53,178 Class $0 Class $0 Appraised $38,190 Appraised $53,178 SOH/10% $0 SOH/10% $0 Cap [?] Cap [?] Assessed $38,190 Assessed $53,178 Exempt $0 Exempt $0 county:$38,190 county:$53,178 Total city:$38,190 Total city:$53,178 Taxable other:$38,190 Taxable other:$53,178 school:$38,190 school:$53,178 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. w Sales History 2022 Certified Values updated: 11/17/2022 Aerial Viewer Pictometery Google Maps 1I *2022 02021 02020 02019 02018 OSales .��E.7l O-Vl•a' V� wD�o1 MW 44THcr 11111111111 3-15-37-35-0010-00300-0070(33385) 130 PALM BEACH PROPERTIES LLC NW 11TH ST Use: VACANT 10.902 AC I Exmpt: Txbl: $53,178.00 1 Sale: 5/17/2021 - $69,000 - V/Q a wD�v'q-o1 7 W l yliu.l KA Sale Date Sale Price Book/Page Deed V/I Qualification (codes) RCode 5/17/2021 $69,000 2021006418 WD V Q 01 12/11/2017 $100 0802/0940 WD V U 11 5/24/2016 $100 0791/0647 WD V U 11 9/17/2014 $100 0751/0504 QC V U 11 9/24/2003 $55,000 0512/0466 WD V Q 6/25/1997 $25,000 0392/1844 WD V U 03 5/1/1975 $4,000 0212/0659 WD V Q w Building Characteristics Bldg Sketch Description* Year Bit Base SF Actual SF Bldg Value NONE Extra Features $ Out Buildings (Codes) Code Description Year Bit Value Units I Dims Condition (% Good) Exhibit 1 I NONE Land Breakdown Code Description Units Adjustments Eff Rate Land Value 067NPE NO SIDE N RR (MKT) 212.000 FF (0.730 AC) 1.0000/.8900 1.0000/ / $223 /FF $47,170 161CI5 CITY LT (MKT) 50.000 FF (0.172 AC) 1.0000/.8900 1.0000/ / $120 /FF $6,008 Search Result: 9 of 154 ©Okeechobee County Property Appraiser I Mickey L. Band!, CFA I Okeechobee, Florida 1 863-763-4422 by: GrizzlyLogic.com Exhibit 1 Y;, t ri �igf�i�. 7 f YID Y W� f t I 4`r '� �•. s ' �T� ��*3 FL Exhibit 1 Exhibit 1 Date: A 1) � E Ina bE'c ?,)- f 20, Re Dear Property Owner, NO [�) e,`j �) , �"� This is a courtesy card requesting your assistance in alleviating the following code viollaatioo/n(s) at the above address. The following violation(s) exist: �ergrown Weeds, Grass, Bushes or Shrubs i 0 Trash, Yard Debris or Junk 0 Inoperable, Abandoned or Unlicensed Vehicle 0 Unauthorized Signs, Flags or Banners 0 Operating a Business Without Required License 0 Pool Violation 0 International Property Maintenance Code Ch Sec. Other Please contact our office at (863) 763-9795 within days of receipt of this card and let us know when violation(s) will be corrected. We appreciate your cooperation. Exhibit 1 CI ?- ,"` CITY OF OKEECHOBEE CODE ENFORCEMENT FEBRUARY 14, 2023, SPECIAL MAGISTRATE HEARING OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, February 14, 2023, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3`d Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. It. ATTENDANCE Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger Azcona, Esquire, and Code Enforcement Officer Anthony Smith were present, and 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 January 10, 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. FINE REDUCTION REQUESTS A. Case No. 220812010; Orion of America LLC., 1004 Northwest 61h Street [Legal Description: East half of Lot 15 and all of Lot 16 of Block 17, NORTHWEST ADDITION TO OKEECHOBEE, Plat Book 1, Page 25, 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 and International Property Maintenance Code (IPMC) Chapter 3, Section 304.1.1 Unsafe conditions on September 13, 2022, 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 imposed fine began accrual on October 4, 2022. The property was brought into compliance on November 7, 2022. Orion of America LLC submitted a request for a fine reduction on January 25, 2023. The City recommends a fine reduction of 60 percent, plus a $50.00 administrative fee Based on the evidence provided, Special Magistrate Azcona ruled to reduce the fine by 60 percent, plus a $50.00 administrative fee, all to be paid within 30-days. VI. COMPLIED CASES A. Case No. 221220010; Home Discounters LLC, 1008 Southwest 2nd Street [Legal Description Lot 17 and East half of Lot 16 of Block 4, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book 2, Page 7, 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. B. Case No. 230111009; Darlene Marshall, 1005 Southwest 3`d Street [Legal Description: Lots 5 and 6 of Block 8, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book 2, Page 7, 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, Section 30-41 Disabled vehicles. VII. NEW CASES A. Case No. 221221016, 130 Palm Beach Properties c/o Betty Khan, Northwest 111' Street [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 is in violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for a vacant lot having overgrown vegetation all over the property. The respondent is not a repeat violator. A Courtesy Card was mailed via United States Postal Service (USPS) regular mail on November 22, 2022. The property was inspected and found to be non -compliant on December 21, 2022. February 14, 2023, Special Magistrate Hearing, Page 1 of 3 Exhibit 1 93 VII. NEW CASES CONTINUED A. Case No. 221221016, CONTINUED: A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via USPS certified return receipt on December 21, 2022. The City has not received the SOV/NOH nor the receipt signature card as of the date of this Hearing. The property was inspected and found to be non -compliant on January 17, 2023. A Notice to Appear was posted on the property and the public notices board at City Hall on January 26, 2023. The property was inspected and found to be non -compliant on February 6, 2023. To comply with City Ordinances the property owner needs to remove all overgrown vegetation from the property. The City recommends a fine of $50.00 per day, to begin 21-days after the Special Magistrate Hearing on February 14, 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. 221221016 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. 230111006; James K. and Pamela G. Davis, Southwest 2°d Avenue [Legal Description: Lot 3 of Block 5, ROYAL OAK ADDITION, Plat Book 1, Page 8, Okeechobee County public records]. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles, for having multiple disabled vehicles on the property. The respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on November 17, 2022. The property was inspected and found to be non -compliant on December 6, 2022 and January 7, 2023. A SOV/NOH was mailed via USPS certified return receipt on January 12, 2023. The notice was received by Jim Davis on January 17, 2023. The property was inspected and found to be non -compliant on January 26, 2023 and February 7, 2023. To comply with City Ordinances the property owner needs to remove the multiple disabled vehicles from the property. The City recommends a fine of $50.00 per day to begin 21-days after the Special Magistrate Hearing on February 14, 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. 230111006 to be in violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles 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. C. Case No. 230111007; Paul and Charlene Haynes, 800 Southwest 11"' Avenue [Legal Description: South 50.50-feet of Lots 16 to 20 of Block 15 and that part of East 250-feet of First Street now abandoned and closed lying West of Hillsborough Avenue, and North 12-feet of Lots 19 and 20 of Block 15, SOUTHWEST ADDITION TO OKEECHOBEE, Plat Book 2, Page 7, Okeechobee County public records]. Code Officer Smith testified that the property is in violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles, for having an untagged/inoperable vehicle on the property. The respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on December 15, 2022. The property was inspected and found to be non -compliant on January 7, 2023. A SOV/NOH was mailed via USPS certified return receipt on January 12, 2023. The City has not received the SOV/NOH nor receipt of signature card as of the date of this Hearing. The property was inspected and found to be non -compliant on January 26, 2023 and February 6, 2023. To comply with City Ordinances the property owner needs to remove the disabled vehicle from the property. The City recommends a fine of $50.00 per day to begin 21-days after the Special Magistrate Hearing on February 14, 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. 230111007 to be in violation of Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles, 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. D. Case No. 230111008; Capital C Inc., 307 Southwest 3Id Street [Legal Description: Lots 3 and 4 of Block 182, 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 for a vacant lot having overgrown vegetation all over the property. The respondent is not a repeat violator. A Courtesy Card was mailed via USPS regular mail on December 15, 2022. February 14, 2023, Special Magistrate Hearing, Page 2 of 3 fr M Exhibit 1 VII. NEW CASES CONTINUED D. Case No. 230111008, CONTINUED: The property was inspected and found to be non -compliant on January 10, 2023. A SOV/NOH was mailed via USPS certified return receipt on January 12, 2023. The notice was received on January 17, 2023. The property was inspected and found to be non -compliant on January 26, 2023 and February 6, 2023. To comply with City Ordinances the property owner needs to remove all the overgrown vegetation from the property. The City recommends a fine of $50.00 per day, to begin 21-days after the Special Magistrate Hearing on February 14, 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. 230111008 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. Vill. ADJOURN MEETING There being no further business to come before the Special Magistrate, the 6:46 P.M. Azcona, S ATTEST: /I Lid- CC riistina ur 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. February 14, 2023, Special Magistrate Hearing, Page 3 of 3 Exhibit 1 Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2n1 Avenue Okeechobee, Florida 34974 CITY OF OKEECHOBEE, PETITIONER -vs- 130 Palm Beach Properties LLC C/o Betty Khan, RESPONDENT Official Records File#2023002753 page(s) 1 Jerald D Bryant Clerk of the Circuit Court & Comptroller Okeechobee. FL Recorded 3J7J2023 3-27 PM Fees: RECORDING 510.00 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 221221016 LIEN / ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on February 14, 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: 130 Palm Beach Properties LLC c/o Betty Khan Property Location: Northwest 11th Street, Okeechobee, FL. 34972 Legal Description: Lots 7,8,9,10, and 11 of Block 30, CITY OF OKEECHOBEE, Plat Book 1 and Plat Book 5, Page 10 and Page 5, public records of Okeechobee County, Florida Parcel: 3-15-37-35-0010-00300-0070 (33385) 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 Vacant lot with overgrown grass, weeds, bushes, nuisances, 30-44 General cleaning, shrubs, and trees and beautification 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 Northwest 11th Street, Okeechobee, Florida. If you do not correct the violations by March 7, 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 14th day of February, 2023. Aj7EST: C nstina Curl, Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this �� day of reb" `� °� , 20 ;, by Roger Azcona and Christina Curl by means of [,Vgsical presence or CI online notarization, who produced as identification or is personally known to me and who did take an oath. Signature of Nota = - ut", ublic stem of Flori?s L Kovac mleslm WH 07031a 2J10f2024 r"w-h Exhibit 1 City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 July 26, 2023 130 Palm Beach Properties LLC c/o Betty Khan 12255 Orange Blvd West Palm Beach, FL. 33412-1417 Re: NW 11t" St, Okeechobee, FL. 34972 Case # 221221016 Dear Property Owner: This letter is about the Code Enforcement Lien/Order dated February 14, 2023 notifying you that a $50.00 per day fine was imposed beginning on March 7, 2023 against the property listed above for failure to comply with City Ordinances. As of July 26, 2023, the above -mentioned property is still non -compliant, and the fine has accrued over ninety (90) days. According to Florida Statutes Chapter 162 the City has the ability to file a foreclosure action against the property to collect the fine. Please contact the Code Enforcement Office immediately at (863) 763-9795. Failure to contact our office to bring the property into compliance and to make arrangements to pay the accrued fine could result in foreclosure action being filed against the property. The total amount due as of July 26, 2023 is $7,150.00 including the $50.00 administrative fee. Sincerely, c=lel Christina Curl Code Enforcement Officer (863) 763-9795 ccu_rl(a-)-cityofokeechobee.com Enclosure — Recorded Lien/Order Exhibit 1 ,YW kf Exhibit 1 Code Enforcement Accrual of Fine 2023 Case No: 221221016 Name: 130 Palm Beach Properties LLC Address: INW 11th St Okeechobee, FL. 34972 Special Magistrate Ruling: Case presented to the Special Magistrate on February 14, 2023, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification. A fine of $50.00 per day to begin 21-days after the date of the hearing, plus a one-time $50.00 adminstrative fee imposed. Fine accrual begun on March 7, 2023. Fine Amount Number of days week 1 Total Number of Days week 2 Total 1 Number of Days weekNumber Total of Days weeK4 iTotal Number of Days week 5 Number ot Total days week (Total $50.00 January $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 February $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 March 0 $0.00 5 $250.00 7 $350.00 7 $350.00 6 $300.00 0 $0.00 April 1 $50.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 1 $50.00 May 6 $300.00 7 $350.00 7 $350.00 7 $350.00 4 $200.00 0 $0.00 June 3 $150.00 7 $350.00 7 $350.00 7 $350.00 6 $300.00 0 $0.00 July 1 $50.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 2 $100.00 August 5 $250.00 7 $350.00 7 $350.00 $0.00 $0.00 $0.00 September $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 December $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Administrative Fee $50.00 Total Amount $8,350.00 Total Days 166 Date o Compliance August 20, 2023 Exhibit 1 City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 August 21, 2023 130 Palm Beach Properties LLC c/o Betty Khan 12255 Orange Blvd. West Palm Beach, FL. 33412-1417 Re: NW 11t' St, Okeechobee, FL. 34972 Case #221221016 Dear Betty Khan: 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 removal of overgrown weeds, grass, bushes, shrubs or trees 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 are 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 $8,360.00 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.com Enclosure: Lien/Order Fine Reduction Application Exhibit 1 I. Property Information I. Property Location: IU W 114, 3 yq 7a 2. Parcel Number: - /S - 3 7 - 35 - 1 - OV c0 - D'O 70 All properties within the city are assigned parcel numbers. Parcel numbers can be obtained at 3. Code Compliance Case Number: ,Pt = t Q / 6 4. Code Enforcement Violation(s); ��tt�(/�l0'U21�i17Ztt�/1 q, ybt� , r' 330 -43 �cc`ilc &4AO 1(s Please specify the sections of the city's co a of ordinances that the magistrate found theproperty to be violation of. This can be found on the Lien/Order. 5. Fine imposed: ` MX /n �� ' oo°� I w�cK �-cA. 6. How long did it take fo theproperty to be brought into compliance with the city's code of ordinances? This is measured from the date in which the city issued its Notice of Code Violation until the date in which the city determined that the property was in full compliance. 7. Does the property have any expired permits or liens imposed on it? If yes, please list the permit numbers and/or the information regarding the liens. 4 S3Sb 8. Is the property subject to a foreclosure proceeding? If yes, please list the case number. _ 9. Did the Applicant or Owner purchase this property in a foreclosure sale? /V D 10. Does the property have a contract for sale pending? 11. Is this pending sale a short sale? If yes, approval from the mortgagor must be enclosed. 12. Was this property purchased after the fine was imposed? If so, please attach a copy of the Title Insurance Policy. Exhibit 1 II. Applicant Information 13. Applicant Name: c -1 t64" 14. Owner(s) Name (if different from the Applicant): dQffil /ejAa'u 15. Relationship of the Applicant to the Owner (if applicable): Selltp 16. Applicant's Telephone Number: ���✓�''��� 4 Cell Phone: .3V-AbY- 077bl 17. Applicant's e-mail: leolm 111+1 C�D ymkao• cow 18. List the addresses of all properties, other than the one in which this fine reduction is being sought, owned by the Applicant and/or owner within the city: / 01 e 19. Please list each of the properties listed in number 10 hereinabove that are subject to code enforcement violations and/or Code Enforcement Lien/Orders, if any: 4OyLA. 20. Please list in instance in which the Applicant and/or Owner has applied for a fine reduction from the city in the last five years. In answering this question, please list the property address, year of request and whether the request was granted. /24py.. 21. Please state, with specificity, the actions taken by the owner to bring the property into full compliance with the city's Code of O dinances: AlUSS sc1S Czd _ a.n� P Exhibit 1 22. Please explain whether there were any exigent circumstances that were the underlying reason for untiin}e�ly compliance with the city's code ofordinan es. � toa i w f& tnid�L(R 4 U ,l�GtOd ,Uo�'� Q 12 �CW ��o�-CA apt ca*lQi « 44e it dU q /iW o 14 arW�0- 07 St� ld► si 9-crt f 9-0 A3 *V"4, r-9e 3 — /S -<o-rw aLj ! ax-Z a4te 23. If not already listed above, lease state, with specificity, the reasons be granted. /to" no ! au)a1-2 {�,�� -,& fj 4t1b 06 /a ca a evwra^ a fine re uction should — sm ec lj�' I's v446tAr J a-44 l ce 15/ J o► i u� i! ti-e Lid-0 dl�,f- 24. Does the Applicant and/or Owner owe any outstanding balances? If so, please list them. __ 3-170 . 25. State the amount you are requesting the magistrate to reduce the fine: 0 /Da ' . its STATE OF R &!-0, ) ) SS: COUNTY OF rt."Il Yh l j eAv c k ) Sworn to (or affirmed) and subscribed before ❑ physical presence or ❑ online notarization me this i ' day of ; t 202 ) by ���., rho„t , who is ❑ personally known to me or ❑ provided the following identification: �-' 1_ i L- -71 /-%L_ Notary Public - State of o y �NY Pula NOTARY PUBLIC =f ixN l Commly�a�c, HN, Stir � a State of 1- j,, : ; ,z.�, at Large rrr.expir"Jae)! 5,gY ➢' My Commission Expires Exhibit 1 City of Okeechobee Code Enforcement 50 SE 2"d Ave. Okeechobee, Florida 34974 (863)763-9795 August 21, 2023 130 Palm Beach Properties LLC c/o Betty Khan 12255 Orange Blvd. West Palm Beach, FL. 33412-1417 Re: NW 11t' St, Okeechobee, FL. 34972 Case #221221016 Dear Betty Khan: 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 removal of overgrown weeds, grass, bushes, shrubs or trees 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 are 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 $8,350.00 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.com Enclosure: Lien/Order Fine Reduction Application Exhibit 1 °repared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2n1 Avenue Okeechobee, Florida 34974 CITY OF OKEECHOBEE, PETITIONER -vs- 130 Palm Beach Properties LLC c/o Betty Khan, RESPONDENT Ofticial Records File,'2023002753 Pages) 1 Jerald D Bryant Clerk or the Circuit Court & Comptroller ^keechobee, FL Recorded 3l72023 3:2-1 PRA Fees RECORDING $10.00 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 221221016 LIEN / ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on February 14, 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: 130 Palm Beach Properties LLC c/o Betty Khan Property Location: Northwest 111h Street, Okeechobee, FL. 34972 Legal Description: Lots 7,8,9,10, and 11 of Block 30, CITY OF OKEECHOBEE, Plat Book 1 and Plat Book 5, Page 10 and Page 5, public records of Okeechobee County, Florida Parcel: 3-15-37-35-0010-00300-0070 (33385) 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 Descri tion of Violation Chapter 30, Sections 30-43 Public Vacant lot with overgrown grass, weeds, bushes, nuisances, 30-44 General cleaning, shrubs, and trees and beautification 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, 30A4 General cleaning and beautification, concerning your property located at Northwest 11th Street, Okeechobee, Florida. If you do not correct the violations by March 7, 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 14th day of February, 2023. ATTEST: Christina Curl, Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE City of Okeechobee Code Enforcement Special Magistrate Roger Azcona, Esquire r The foregoing instrument was acknowledged before me this!"'. day of 1'� ��� >� , 20 , by Roger Azcona and Christina Curl by means of rl physical presence or ❑ online notarization, who produced as_identifcafion or, is personally known to me and who did take an oath. Signature of Notary: Y:�✓s�?v.:' " �Y"itn� IVC97Y Po6�c SW�ar Fixro J I,; znna L ;,cu.c YID �r, My commiomlrm hit 07Q'11a G),—L= 12/10/2024 Exhibit 1 CITY OF OKEECHOBEE, FLORIDA No 49787 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863)763.3372 RECEIVED from Z�o Dollars S I-00 CLERK 5--3Do-Q7 (oC,V7 Exhibit 1 A Exhibit 1 loo 9 Sl°JMIJm ..� 0:22 .. 41!►: a 44� x .'�._�'A®L"..F. �.. "e,,._. ydQ'"='�'�' - !.. cam-- *51 ,ra ��NyI rrrr1 t t 26ft 4 .1' j•. Y ♦'..'� s t '�.. AAA S Exhibit 1 From: Christina Curl To: Betty Khan Cc: Anthony Smith Subject: RE: [EXTERNAL]Re: Case #221221016; 130 Palm Beach Properties LLC Date: Tuesday, October 31, 2023 11:21:20 AM Attachments: Photos 10.26.23.odf image001.12no Good morning Betty, The fine reduction application has been received and the compliance inspection was completed; however, upon the inspection of the property it was found to be non -compliant, the property is completely overgrown. At this time, the fine reduction application has been denied unless the property is brought into compliance within 14-days and a re -inspection fee of $35.00 is paid within the 14-days. See the attached photos. Thank you, Christina 4 Cy C'.Paci6tina euxd Code Enforcement Officer T City of Okeechobee 50 SE 2nd Avenue, Okeechobee, FL 34974 Office: 863.763.9795, Fax: 863.763.7804 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Betty Khan <bettym11418@yahoo.com> Sent: Tuesday, October 31, 2023 8:12 AM To: Christina Curl <ccurl@cityofokeechobee.com>; B k <bettym11418@yahoo.com>; B k <bettykhan79@gmail.com> Cc: Anthony Smith <asmith@cityofokeechobee.com> Subject: [EXTERNAL]Re: Case #221221016; 130 Palm Beach Properties LLC Good Morning, Can you please confirm that you received the application to reduce the fine? Best Regards, Betty Khan Broker Associate RE/MAX Select Group 5080 PGA Blvd Exhibit 1 Palm Beach Gardens FI 33418 Email-Bettym 11418@yahoo.com www.Bettykhan.com 561-255-0776 On Tuesday, September 19, 2023 at 02:30:12 PM EDT, Christina Curl <ccurl @cityofokeechobee.com> wrote: Good afternoon Betty, See the attached Fine Reduction Application, Lien/Order and Compliance Letter have mailed the attached documents also, please sign for them. Thank you, Christina Christina Curl °m Code Enforcement Officer City of Okeechobee 50 SE 2nd Avenue, Okeechobee, FL 34974 Office: 863.763.9795, Fax: 863.763.7804 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Exhibit 1 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, Fl. 34974 N2 497 ' 0 (863) 763.3372 20 RECEIVED from Dollars 100 $ CLERK ,WMAMV47 b .• TAlIffliA41 {;fit � r' Exhibit 1 q', C�rJ �� Okeechobee CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA Petitioner, vs Respondent, 130 Palm Beach Properties LLC City of Okeechobee Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone 863-763-7804 FAX S Date November 15, 20'd CASE NO. 221221016 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I (hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: CH 30, Sections 30-43, 30-44 2. Address and Parcel# where violation exists: NW 11th St, Okeechobee, FL. 34972 3-15-37-35-0010-00300-0070 (33385) 3. Name and address of property owner or person in charge of location where violation exists: 130 Palm Beach Properties LLC c/o Betty Khan 12255 Orange Blvd West Palm Beach FL 4. Description of Violation: Fine Reduction 5. Date violation must be corrected by: Jan 31, 2023 6. Date violation first observed on or about: Nov 22, 2022 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 9th day January, 2024 at 6:00 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. 17 Anthony Smith Code Enforcement Officer Exhibit 1 Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito . Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara.