2024-03-12 Draft MinutesoF•OKFF�ti CITY OF OKEECHOBEE CODE ENFORCEMENT
m
s MARCH 12, 2024, SPECIAL MAGISTRATE HEARING
6 a
s, DRAFT — OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tue-sday, March 12, 2024, at 6:03 P.M. in the City Council
Chambers, located at 55 Southeast (SE) yard 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added, deferred, or withdrawn; there were none.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
February 13, 2024, Minutes.
B. This being a Ouasi-Judicial proceeding, Special Magistrate Azcona
collectively admi-iistered an Oath to: Code Officers Smith and Curl, Mr.
Steve Dobbs, Ms. Ruby Minton, and Mr. Ricardo Lane; 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. 230719011; Blue Spring Holdings LLC, Northeast (NE) 9th AVE,
Okeechobee [Legal Description: unplatted lands of the City the Southwest (SW)
quarter of the NE quarter and North (N) half of the Northwest (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 (PB) 3, Page (PG) 29, public records of Okeechobee County, FL 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, FL 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 o '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 00111'25" West (V1/) 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; they ce bear the following courses in a Southerly direction along the Easterly
shore line of Taylor reek as follows: S 36159'52" E a distance of 70.15-ft; S 26°01'09" E a
distance of 49.01-ft; S 20122'54" 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 0120'24" 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 parce containing one acre, more or less a parcel
of land lying in the NW quarter of the SE quarter or' Section 15, Township 37 S, Range 35 E,
Okeechobee County, FL. 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 NVV 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-f:; thence departing said parallel line, run N 89'21'13" E, a distance of
208.70-ft; thence run S 00120'48" 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].
— March 12, 2024, Special Magistrate Hearing, Page 1 of 5
V. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 230719011; CONTINUED: 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
September 12, 2023, where a fine in the amount of $100.00 per day starting
21-days after the date of the Hearing, plus a one-time $100.00
administrative feE� was imposed. The property was inspected and found to
be non -compliant on October 3, 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. The notice was received on
January 20, 2024. The property was brought into compliance on February
2, 2024, with a fine balance of $10,100.00, plus a $100.00 administrative
fee due. Mr. Gad Reggev submitted a request for a fine reduction on
February 6, 2024. The property was inspected and found to be compliant
on February 7, 2024. A Statement of Violation/Notice of Hearing
(SOV/NOH) was mailed via USPS certified return receipt on February 12,
2024. The notice was delivered, left with individual on February 15, 2024.
Mr. Dobbs, on behalf of his client appeared before the Special Magistrate
and conveyed his explanations and reasonings for why the property
remained in violation for an extended length of time and requested that the
fine be reduced due to the circumstances. The City recommends a fine
reduction of 50 percent, plus a $100.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to
reduce the fine by 50 percent, plus a $100.00 administrative fee and
for the property owner to make a reasonable effort to make payment
arrangements vvith the Code Enforcement Staff.
B. Case No. 230918005; Freddie L. and Ruby L. Minton, 302 NE 8th AVE,
Okeechobee [Legal Description: Lot 17, RIVER RUN RESORT, PB 6, PG
18, Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of Code
of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54, Sections
54-81 Use as a residence, 54-84 Parking in residential district on October
10, 2023, where a fine in the amount of $150.00 per day starting 21-days
after the date of the Hearing, plus a one-time $100.00 administrative fee
was imposed. The property was inspected and found to be non -compliant
on November 6, 2023, and the imposed fine began accrual. The property
was brought into compliance on November 15, 2023 with a fine balance of
$1,050.00, plus a $100.00 administrative fee due. A Compliance Letter was
mailed via USPS regular mail on November 27, 2023 and via USPS certified
mail on December 11, 2023. The noticE` was received by Ms. Minton on
December 14, 2023. Ms. Minton submitted a request for a fine reduction on
January 4, 2024. The property was inspected and found to still be in
compliance on February 7, 2024. A SOV/NOH was mailed via USPS
certified return receipt on February 13, 2024. The notice was received on
February 15, 2024, the signature was not legible. Ms. Minton appeared
before the SPE!cial Magistrate and conveyed her explanations and
reasonings for why the property was non -compliant and requested that the
fine be reduced due to the circumstances. The City recommends a fine
reduction of 50 percent, plus a $100.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to
reduce the fine by 50 percent, plus a $100.00 administrative fee and
for the property owner to make a payment arrangement with the Code
Enforcement Staff.
VI. REPEAT VIOLATORS
A. Case No. 24219005; Sam Lane c/o Richard Roberts, NW 10th Street (ST),
Okeechobee [Legal Description: Lots 1 and 2 of Block 41, CITY OF
OKEECHOBEE, PB 2, PG 17, Okeechobee County public records].
— March 12, 2024, Special Magistrate Hearing, Page 2 of 5
VI. REPEAT VIOLATORS CONTINUED
A. Case No. 24219005; CONTINUED: 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 a repeat violator. A SOV/NOH was mailed
via USPS certified return receipt on February 20, 2024. The City has not
received the SOV'/NOH nor the receipt signature card as of the date of this
Hearing. A Notice to Appear was posted on the property and the Public
Notices Board at City Hall on February 22, 2024. The property was
inspected and found to be non -compliant on March 5, 2024. To comply with
City Ordinances, the property owner needs remove all the trash,
junk/debris, and the disabled vehicle from the property. Mr. Lane appeared
before the Special Magistrate and conveyed his explanations and
reasonings for why the property was non -compliant and requested more
time to bring the property into compliance due to the circumstances. The
City recommends in accordance with the fine schedule a fine of $100.00
per day, to begin on March 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 ruled to
defer Case No.240219005 to the next Special Magistrate Hearing.
VII. NEW CASES
A. Case No. 240207016; Carl Christian Swope, 1010 SW 5t" ST, Okeechobee
[Legal Description: Lots 13 and 14 of Block 9, SW ADDITION TO
OKEECHOBEE, PB 2, 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 Chapter 30, Section 30-4'1 Disabled vehicles, the property
was found to bE! in compliance on March 5, 2024, no Lien/Order was
recorded, no fine accrued.
B. Case No. 240207017; Sylvia Ingersoll and Manolo Anuez, 300 SW 21st ST,
Okeechobee [Legal Description: S half of Lot 4, Lots 5 and 6 of Block 43;
Less S 7.5-ft of Lot 6 of Block 43, FIRST ADDITION TO S OKEECHOBEE,
PB 1, PG 17, Okeechobee County public records]. No action on this matter
was requested but is noted for the record to have been in violation of
Chapter 30, Section 30-41 Disabled vehicles, the property was found to be
in compliance on February 22, 2024, no Lien/Order was recorded, no fine
accrued.
C. Case No. 240208005; Anne M. Land, 500 NW 16t" ST, Okeechobee [Legal
Description: Lot 1 and E half of Lot 2 of Block 69, CONNERS HIGHLANDS,
PB 1, PG 21, 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, Chapter 54, Sections
54-81 Use as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a) Use of public sewers required. The respondent is not a
repeat violator. The respondent was first notified in person on February 8,
2024. The property was inspected and found to be non -compliant on
February 9, 2024. A SOV/NOH was hand delivered on February 09, 2024.
The property was inspected and found to be non -compliant on February 12,
2024. A SOV/NOH was mailed via LISPS certified return receipt on
February 12, 2024. The City has not received the SOV/NOH nor the receipt
signature card as of the date of this Hearing. A SOV/NOH was hand
delivered to Anne Land on February 27, 2024. The property was inspected
and found to be non -compliant on February 27, 2024 and March 5, 2024.
To comply with City Ordinances, the property owner needs to register and
tag the vehicle or remove the vehicle from the property. The City
recommends that the respondent be found in violation of Chapter 30,
Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General
cleaning and beautification, Chapter 54, Sections 54-81 Use as a residence,
- March 12. 2024, Special Magistrate Hearing, Page 3 of 5
VII. NEW CASES CONTINUED
C. Case No. 240208005; CONTINUED: 54-84 Parking in residential district,
Chapter 58, Section 58-72(a) Use of public sewers required. But no further
action at this time to give the respondent additional time to receive the hard
copy of the title to complete the sale of the car.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240208005 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, Chapter 54, Sections 54-81 Use
as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a) Use of public sewers required and deferred the matter
to the next Special Magistrate Hearing.
D. Case No. 240215002; Kerri Michael Othmer and Tammy Lynn Hogaboam,
1109 NW 9th AVE, Okeechobee [Legal Description: Lots 1, 2, and 3 of Block
24, CITY OF OKEECHOBEE, PB 1, PG 10 and PB 5, PG 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, Chapter 54, Section 54-81 Use as a residence,
Chapter 70, Section 70-251 Permit required. The respondent is not a repeat
violator. The respondent was first notified via Courtesy Card on January 15,
2024. The property was inspected and found to be non -compliant on
February 12, 2024. A SOV/NOH was mailed via USPS certified return
receipt on February 15, 2024. The notice was received by Mary Beth
Hogaboam on February 20, 2024. The property was inspected and found
to be non -compliant on March 5, 2024. To comply with City Ordinances, the
property owners need to complete the permit process for the structure and
use the structure for what it was intended for. The City recommends that
the respondent Lie found in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54, Section
54-81 Use as a residence, Chapter 70, SE)ction 70-251 Permit required. But
no further action at this time and to defer the case to the next scheduled
hearing to allow the City General Services Department to complete the
permitting process.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240215002 to be in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54,
Section 54-81 Use as a residence, Chapter 70, Section 70-251 Permit
required and deferred the matter to the next Special Magistrate
Hearing.
Vill. COMPLIED CASES
A. Case No. 240116019; Charles E. Holt, 1010 SW 11th AVE, Okeechobee
[Legal Description: Lots 19 and 20 of Block 22, SW ADDITION TO
OKEECHOBEE, PB 2, 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 Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-
44 General cleaning and beautification, the property was found to be in
compliance on February 14, 2024, no Lien/Order was recorded, no fine
accrued.
IX. ADJOURN MEETING
There being no furthE!r business, Special Magistrate Azcona, adjourned the
Hearing at 7.42 P.M.
Roger Azcona, Special Magistrate
- March 12, 2024, Special Magistrate Hearing, Page 4 of 5
ATTEST:
Christina Curl, Code Enforcement Officer
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. Code Enforcement media are for the sole purpose of backup
for official records of Code Enforcement.
— March 12, 2024, Special Magistrate Hearing, Page 5 of 5
ti •OF•OKf CITY OF OKEECHOBEE CODE ENFORCEMENT
MARCH 12, 2024, SPECIAL MAGISTRATE HEARING
DRAFT - OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, March 12, 2024, at 6:03 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; there were none.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
February 13, 2024, Minutes.
B. This being a Ouasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, Mr.
Steve Dobbs, Ms. Ruby Minton, and Mr. Ricardo Lane; 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. 230719011; Blue Spring Holdings LLC, Northeast (NE) 9th AVE,
Okeechobee [Legal Description: unplatted lands of the City the Southwest (SW)
quarter of the NE quarter and North (N) half of the Northwest (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 (PB) 3, Page (PG) 29, public records of Okeechobee County, FL 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, FL 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 1389.41-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 beer 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 'n a Southerly direction along the Easterly
shore line of Taylor Creek as follows: S 36159'52" E a distance of 70.15-ft, S 26°01'09" E a
distance of 49.01-ft; S 20122'54" 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 00153'25" W a distance of 44.65-ft; thence bear N 89125,18" 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 NNV quarter of the SE quarter of Section 15, Township 37 S, Range 35 E,
Okeechobee County, FL. 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 89121'13" 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 89121'13" E, a distance of
208.70-ft; thence run 5 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].
— March 12, 2024, Special Magistrate Hearing, Page 1 of 5
V. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 230719011; CONTINUED: Code Officer Smith testified that the
property was found in violation of Code of Ordinances Chapter 30, Sections
30-43 Public nuisances, 30-44 Generall cleaning and beautification on
September 12, 2023, where a fine in the amount of $100.00 per day starting
21-days after the date of the Hearing, plus a one-time $100.00
administrative fee was imposed. The property was inspected and found to
be non -compliant on October 3, 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. The notice was received on
January 20, 2024. The property was brought into compliance on February
2, 2024, with a fine balance of $10,100.00, plus a $100.00 administrative
fee due. Mr. Gad Reggev submitted a request for a fine reduction on
February 6, 2024. The property was inspected and found to be compliant
on February 7, 2024. A Statement of Violation/Notice of Hearing
(SOV/NOH) was mailed via USPS certified return receipt on February 12,
2024. The notice was delivered, left with individual on February 15, 2024.
Mr. Steve Dobbs, on behalf of his client appeared before the Special
Magistrate and conveyed his explanations and reasonings for why the
property remained in violation for an extended length of time and requested
that the fine be reduced due to the circumstances. The City recommends a
fine reduction of 50 percent, plus a $100.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to
reduce the fine by 50 percent, plus a $100.00 administrative fee and
for the property owner to make a reasonable effort to make payment
arrangements with the Code Enforcement Staff.
B. Case No. 230918005; Freddie L. and Ruby L. Minton, 302 NE 8th AVE,
Okeechobee [Lecial Description: Lot 17, RIVER RUN RESORT, PB 6, PG
18, Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of Code
of Ordinances Chapter 30, Sections 30-4/ Disabled vehicles, 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54, Sections
54-81 Use as a residence, 54-84 Parking in residential district on October
10, 2023, where a fine in the amount of $150.00 per day starting 21-days
after the date of 1:he Hearing, plus a one-time $100.00 administrative fee
was imposed. The property was inspected and found to be non -compliant
on November 6, 2023, and the imposed fine began accrual. The property
was brought into compliance on November 15, 2023 with a fine balance of
$1,050.00, plus a $100.00 administrative fee due. A Compliance Letter was
mailed via USPS regular mail on November 27, 2023 and via USPS certified
mail on December 11, 2023. The notice was received by Ruby Minton on
December 14, 2023. Ms. Ruby Minton submitted a request for a fine
reduction on January 4, 2024. The property was inspected and found to still
be in compliance on February 7, 2024. A SOV/NOH was mailed via USPS
certified return receipt on February 13, 2024. The notice was received on
February 15, 20;24, the signature was not legible. Ms. Ruby Minton
appeared before the Special Magistrate and conveyed her explanations and
reasonings for why the property was non -compliant and requested that the
fine be reduced due to the circumstances. The City recommends a fine
reduction of 50 percent, plus a $100.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to
reduce the fine by 50 percent, plus a $100.00 administrative fee and
for the property owner to make a payment arrangement with the Code
Enforcement Staff.
VI. REPEAT VIOLATORS
A. Case No. 24219005; Sam Lane c/o Richard Roberts, NW loth Street (ST),
Okeechobee [Legal Description: Lots 1 and 2 of Block 41, CITY OF
OKEECHOBEE, F'B 2, PG 17, Okeechobee County public records].
— March 12, 2024, Special Magistrate Hearing, Page 2 of 5
VI. REPEAT VIOLATORS CONTINUED
A. Case No. 24219005; CONTINUED: 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 a repeat violator. A SOV/NOH was mailed
via USPS certified return receipt on February 20, 2024. The City has not
received the SO\j'/NOH nor the receipt signature card as of the date of this
Hearing. A Notice to Appear was posted on the property and the Public
Notices Board at City Hall on February 22, 2024. The property was
inspected and found to be non -compliant on March 5, 2024. To comply with
City Ordinances the property owner needs remove all the trash,
junk/debris, and the disabled vehicle from the property. Mr. Ricardo Lane
appeared before the Special Magistrate and conveyed his explanations and
reasonings for why the property was non -compliant and requested more
time to bring the property into compliance due to the circumstances. The
City recommends in accordance with the fine schedule a fine of $100.00
per day, to begin on March 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 ruled to
defer Case No.240219005 to the next Special Magistrate Hearing.
VII. NEW CASES
A. Case No. 240207016; Carl Christian Swope, 1010 SW 5t" ST, Okeechobee
[Legal Description: Lots 13 and 14 of Block 9, SW ADDITION TO
OKEECHOBEE, PB 2, 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 Chapter 30, Section 30-41 Disabled vehicles, the property
was found to be in compliance on March 5, 2024, no Lien/Order was
recorded, no fine accrued.
B. Case No. 240207017; Sylvia Ingersoll and Manolo Anuez, 300 SW 21st ST,
Okeechobee [Legal Description: S half of Lot 4, Lots 5 and 6 of Block 43;
Less S 7.5-ft of Lot 6 of Block 43, FIRST ADDITION TO S OKEECHOBEE,
PB 1, PG 17, Okeechobee County public records]. No action on this matter
was requested but is noted for the record to have been in violation of
Chapter 30, Section 30-41 Disabled vehicles, the property was found to be
in compliance on February 22, 2024, no Lien/Order was recorded, no fine
accrued.
C. Case No. 240208005; Anne M. Land, 500 NW 16t" ST, Okeechobee [Legal
Description: Lot 1 and E half of Lot 2 of Block 69, CONNERS HIGHLANDS,
PB 1, PG 21, 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, Chapter 54, Sections
54-81 Use as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a) Use of public sewers required. The respondent is not a
repeat violator. The respondent was first notified in person on February 8,
2024. The property was inspected and found to be non -compliant on
February 9, 2024. A SOV/NOH was hand delivered on February 09, 2024.
The property was inspected and found to be non -compliant on February 12,
2024. A SOV/NOH was mailed via USPS certified return receipt on
February 12, 2024. The City has not received the SOV/NOH nor the receipt
signature card as of the date of this Hearing. A SOV/NOH was hand
delivered to Anne Land on February 27, 2024. The property was inspected
and found to be non -compliant on February 27, 2024 and March 5, 2024.
To comply with City Ordinances, the property owner needs to register and
tag the vehicle or remove the vehicle from the property. The City
recommends that the respondent be found in violation of Chapter 30,
Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General
cleaning and beautification, Chapter 54, Sections 54-81 Use as a residence,
- March 12, 2024, Special Magistrate Hearing, Page 3 of 5
VII. NEW CASES CONTINUED
C. Case No. 240208005; CONTINUED: 54-84 Parking in residential district,
Chapter 58, Section 58-72(a) Use of public sewers required. But no further
action at this time to give the respondent additional time to receive the hard
copy of the title tc complete the sale of the car.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240208005 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, Chapter 54, Sections 54-81 Use
as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a) Use of public sewers required and deferred the matter
to the next Special Magistrate Hearing.
D. Case No. 240215002; Kerri Michael Othmer and Tammy Lynn Hogaboam,
1109 NW 9th AVE Okeechobee [Legal Description: Lots 1, 2, and 3 of Block
24, CITY OF OKEECHOBEE, PB 1, PG '10 and PB 5, PG 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, Chapter 54, Section 54-81 Use as a residence,
Chapter 70, Section 70-251 Permit required. The respondent is not a repeat
violator. The respondent was first notified via Courtesy Card on January 15,
2024. The property was inspected and found to be non -compliant on
February 12, 2024. A SOV/NOH was mailed via USPS certified return
receipt on February 15, 2024. The notice was received by Mary Beth
Hogaboam on February 20, 2024. The property was inspected and found
to be non -compliant on March 5, 2024. To comply with City Ordinances, the
property owners need to complete the permit process for the structure and
use the structure for what it was intended for. The City recommends that
the respondent be found in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54, Section
54-81 Use as a residence, Chapter 70, Section 70-251 Permit required. But
no further action at this time and to defer the case to the next scheduled
hearing to allow the City Building Department to complete the permitting
process.
Based on the evidence provided, Special (Magistrate Azcona found Case
No. 240215002 to be in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54,
Section 54-81 Use as a residence, Chapter 70, Section 70-251 Permit
required and deferred the matter to the next Special Magistrate
Hearing.
VIIl. COMPLIED CASES
A. Case No. 240116019; Charles E. Holt, 1010 SW 11 th AVE, Okeechobee
[Legal Description: Lots 19 and 20 of Block 22, SW ADDITION TO
OKEECHOBEE, PB 2, 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 Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-
44 General cleaning and beautification, the property was found to be in
compliance on FE�bruary 14, 2024, no Lien/Order was recorded, no fine
accrued.
IX. ADJOURN MEETING
There being no further business to come before the Special Magistrate, the
Hearing was adjourned at 7:42 P.M.
Roger Azcona, Special Magistrate
- March 12, 2024, Special Magistrate Hearing, Page 4 of 5
ATTEST:
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.
Draft — March 12, 2024, Special Magistrate Hearing, Page 5 of 5