2024-02-13 Official Minutes125
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VI. NEW CASES
A. Case No. 231009016-1 Epanoptix Inc, Antoinette McDonald, NW 101h 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 DecE�mber 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 $50.0¢ per day plus
a one-time administrative fee of $50.00 to (begin on January 10, 20;
VIL ADJOURN MEETING
There being no further business to come before the Special Magis rate,, e Fie i �as
adjourned at 6:30 P.M. � � i
r Azcona, Sp
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
=�\y,OF•OkpE.Cy�m CITY OF OKEECHOBEE CODE ENFORCEMENT
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o FEBRUARY 135 2024, SPECIAL MAGISTRATE HEARING
OFFICIAL MINUTES
CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate Hearing
to order on Tuesday, February 13, 2024, at 6:01 P.M. in the City Council Chambers,
located at 55 Southeast (SE) 3rd Avenue (AVE), Room 200, Okeechobee, Florida (FL).
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; New CasE�s Item VI.B. was deferred to a future Hearing tc
allow the probate case to be resolved.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
January 9, 2024, Minutes.
B. This being a Quasi -Judicial proceeding, Special Magistrate Azcona collectively
administered an Oath to: Code Officers Smith and Curl, Mr. Jeffery Newell, and
Ms. 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. REPEAT VIOLATORS
A. Case No. 240116019; Charles E. Holt, 1010 Southwest (SW) 11th AVE,
Okeechobee [Legal Description: Lots 19 and 20 of Block 22, SW ADDITION
TO OKEECHOBEE. Plat Book (PB) 2, Page (PG) 7, 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
Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via United
States Postal Service (USE'S) certified return receipt on January 16, 2024. 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 30, 2024. A Notice to Appear was posted on the property
and the Public Notices Board at City Hall on January 31, 2024. The property
was inspected and found to be non -compliant on February 6, 2024. 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, remove all the junk/debris from the property,
and store all materials and equipment in an orderly manner. The City
recommends in accordance with the fine schedule a fine of $100.00 per day,
to begin on February 13, 2024, 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.
240116019 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 by February 13, 2024.
February 13, 2024, Special Magistrate Hearing, Page 1 of 3
127
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VI. NEW CASES
Case No. 240117008; Church of God of Prophecy, 102 Northwest (NW) 10th
Street (ST, Okeechobee [Legal Description: Lots 19, 20, 21, 22, 23, 24, 25 and
26 of Block 30, CITY OF OKEECHOBEE, PB 1, PG 10 and PB 5, PG 5,
Okeechobee County public records]. No action on this matter was requested
but is noted for the record to have been in violation of Florida Building Code
Chapter 1, Sections 105 Permits, 105.4.1 Permit intent the property was found
to be in compliance on February 12, 2024, no Lien/Order recorded, no fine
accrued.
B Case No. 231025003; Timothy Lee Thomas, 809 Northeast 5th Street,
Okeechobee [Legal Description: Lots 15 and 16, RIVER RUN RESORT -
PHASE II, PB 6, PG 33, Okeechobee County public records]. As requested by
Code Officer Smith, the case be deferred until a future Hearing to allow the
probate case to be resolved.
C. Case No. 240109004; 1012 Parrott LLC, 1012 South Parrott AVE, Okeechobee
[Legal Description: Lots 4, 5, 6, 10, 11, and 12 of Block 7; less the West 15-
feet (ft) of Lots 10, 11, and 12. Also that certain alleyway lying in Block 7, being
15-ft wide and bordered on the East side by Lots 4, 5, and 6 and bordered on
the West by Lots 10, 11, and 12 of Block 7, SOUTH OKEECHOBEE, PB 1, PG
12 and PB 5, PG 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 54, Section 54-81 Use as a residence, the
property was found to be in compliance on January 31, 2024, no lien/Order
recorded, no fine accrued.
VI 1. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 221221016; 130 Palm Beach Properties LLC c/o Betty Khan, NW
111h ST, Okeechobee [Legal Description: Lots 7, 8, 9, 10 and 11 of Block 30,
CITY OF OKEECHOBEE, PB 1, PG 10 and PB 5, PG 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 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
Ms. Khan on August 21, 2023. Ms. 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 Ms. Khan on
October 31, 2023. The property was found to be back in compliance on
November 15, 2023. A 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 Ms. Khan on December 14, 2023. Ms. 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 case was presented to the Special Magistrate on January 9, 2024, and
was deferred until the February 13, 2024, Hearing to allow the property owner
an opportunity to speak with Code Enforcement about lowering the fine and to
work out a payment arrangement. On January 10, 2024, an email was received
by Code Enforcement staff, from Ms. Khan requesting the fine be reduced to
20 percent. A reply email was sent on January 11, 2024, to Ms. Khan to advise
that the City stands behind its recommendation of a 50 percent reduction, plus
the $50.00 administrative fee, and offered a payment plan of $350.00 a month
due on the 151h of each month until the IiE!n balance of $4,200.00 is paid in full.
February 13, 2024, Special Magistrate Hearing, Page 2 of 3
128
VII. FINE REDUCTION REQUESTS CONTINUED
A. CONTINUNED. A SOV/NOH was emailed to Ms. Khan on January 11, 2024.
Ms. Khan appeared before the Special Magistrate and conveyed her
explanations and reasonings for why the fine should be reduced to zero due to
the circumstances. The City recommends in accordance with Ordinance No.
1274 a fine reduction of 50 percent, plus a $50.00 administrative fee and a
payment plan of $350.00 due on the 15th of each month until the lien balance
of $4,200.00 is paid in full.
Based on the evidence provided, Special Magistrate Azcona ruled to reduce
the fine by 50 percent, plus a $50.00 administrative fee. A payment plan
of $350.00 a month due on the 15th of each month was granted.
Vill. ADJOURN MEETING
There being no further business to come before the Special gistra Hea
was adjourned at 6:38 P.M. L _,
Roger Azcona, Special Magistrate
ATTEST:
Lj--�
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.
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February 13, 2024, Special Magistrate Hearing, Page 3 of 3