2024-06-11 Official Minutes 138
CITY OF OKEECHOBEE CODE ENFORCEMENT
'-a JUNE 11 , 2024, SPECIAL MAGISTRATE HEARING
OFFICIAL MINUTES
CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday. June 11 , 2024, at 6:01 P.M. in the City Council
Chambers, located at 55 Southeast (SE) 3rd Avenue (AVE), Room 200,
Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate
Azcona.
II. ATTENDANCE
Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger
Azcona. Esquire, and Code Enforcement Officer Anthony Smith were present. City
Attorney Greg Hyden attended via Zoom.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be
added, deferred, or withdrawn; there were none.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
April 9, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, Mr. Dale
Williams, Mr. Miguel Raya, and Mr. Benjamin Falk; 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. CONTINUED CASES
A. Case No. 230817007; Tanglewood LTD c/o A & M Properties. Inc., 420
Northwest (NW) 9th Street (ST), Okeechobee [Legal Description: Lots 7 to
20 Inclusive and alley between said lots of Block 38, CITY OF
OKEECHOBEE. Plat Book (PB) 5, Page (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 and International Property Maintenance Code
(IPMC) Chapter 3, Section 304.1 .1 Unsafe conditions. The respondent is
not a repeat violator.
The case was presented to the Special Magistrate on April 9. 2024, and the
Special Magistrate ruled for the Lien/Order to be recorded in public records
with a lien balance of $13,750.00 and for the City Staff to make a follow up
recommendation on the roof repair timeline and delay of fine accrual. The
Lien/Order was recorded at the Okeechobee County Clerk of Court, File No.
2024003924, Page(s): 1 on April 10. 2024. The recorded Lien/Order was
mailed via USPS certified return receipt on April 11. 2024. The notice was
received by Erin Wilson on April 15, 2024. The City Staff received a contract
for two roofs on April 15, 2024. A Statement of Violation/Notice of Hearing
(SOV/NOH) was mailed via USPS certified return receipt on April 24, 2024.
The notice was received by Lana, Erin Wilson, and the business office on
April 29 2024. The property was inspected and found to be non-compliant
on May 6, 2024. A Notice of Hearing postponed and SOV/NOH emailed and
mailed via USPS certified return receipt on May 13, 2024. The notices were
received by Erin Wilson, Julian Williams. and Kaylyn Garron on May 20.
2024. The City Staff received a roofing permit for apartment buildings 19-
22 and 23-26 on June 4, 2024. The property was inspected and found to be
non-compliant on June 5. 2024.
June 11, 2024, Special Magistrate Hearing, Page 1 of 4
139
V. CONTINUED CASES CONTINUED
A. Case No. 230817007; CONTINUED: To comply with City Ordinances, the
property owner needs to replace the roofs on all buildings in a timely
manner. Mr. Benjamin Falk appeared before the Special Magistrate and
conveyed his explanations and reasonings for why he needed additional
time to bring the property into compliance. The City Staff recommends that
"The City must treat all property owners the same and thus, as with any
other property owner, if he/she/it can show documentation that remediation
is occurring, the City does consider abatements of daily fines. In this case,
two of the six buildings are under contract for a new roof. So long as those
proceed expeditiously and that there is no breach of contract by the property
owner, the City recommends abating the daily fines. With regard to the
remaining four buildings, there is no documentation that they are being
brought into compliance expeditiously and thus the City recommends the
imposition of daily fines as they would with any other property owner."
Based on the evidence provided, Special Magistrate Azcona ruled to
defer ruling until the next Special Magistrate Hearing, July 9, 2024.
VI. DELINQUENT BUSINESS TAX RECEIPTS
A. Case No. 240430015; Janelle's Photography, LLC, whose business
address is 311 Southwest (SW) 17th ST, Apt. 311 B, Okeechobee. No action
on this matter was requested but is noted for the record to have been in
violation of Chapter 50, Sections 50-36 Issuance of local business tax, 50-
43 Penalties for violation of local business tax regulations from September
30, 2023, until the respondent came into compliance on June 10, 2024, no
lien/order recorded. no fine accrued.
B. Case No. 240430016; Blakes Transport LLC, 1410 SW 5th AVE.,
Okeechobee [Legal Description: OAK GROVE ADDITION TO CITY OF OKEECHOBEE a
portion of Block "D". according to the plat thereof recorded in PB 2. PG 86. being more particularly
described as follows: commence at the NW corner of said Block"D". bear South (S) 00°15'09"West
(W)along the East(E) Right-of-Way(ROW) line of SW 7'h AVE, a distance of 100.00-feet(ft)for the
point of beginning (POB): thence continue S 00°15'09" W along said E ROW line a distance of
106.07-ft: thence bear North (N) 89°59'00" E to the intersection with the arc of a curve concave to
the SE, in the Westerly ROW line of SW 5'h AVE, a distance of 297.74-ft, said curve having a radius
of 816.33-ft, and a delta angle of 05°13'28"; thence Northeasterly along the arc of said curve, a
distance of 74.44-ft to the point of tangency of said curve; thence bear N 30°22'49" E along said
Westerly ROW line a distance of 46.66-ft: thence bear S 89°59'00"W a distance of 355.57-ft to the
POB. Okeechobee County public records].
Code Officer Smith testified that the business is in violation of Code of
Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-
43 Penalties for violation of local business tax regulations for non-renewal
of their local Business Tax Receipt (BTR) by September 30, 2023, and
engaging in business within the City without first having procured a local
BTR. The respondent is not a repeat violator. A Delinquency Letter was
mailed via USPS certified return receipt on March 25, 2024. The notice was
received on March 28, 2024. The respondent was found to be non-
compliant on April 30, 2024. A SOV/NOH and Delinquency Letter was
mailed via USPS certified return receipt on April 30, 2024. The notices were
received by Yvonne Sheldon on May 4, 2024. The respondent was found
to be non-compliant on June 4, 2024. To comply with City Ordinances, the
business owner needs to renew their BTR or provide a written notice to
close the account. The City Staff recommends in accordance with the fine
schedule a fine of $125.00 per day, to begin on June 12, 2024, unless the
business owner brings the business into compliance on or before that date,
plus a one-time $50.00 administrative fee.
Based on the evidence provided. Special Magistrate Azcona found Case
No. 240430016 to be in violation of Code of Ordinances Chapter 50,
Sections 50-36 Issuance of local business tax, 50-43 Penalties for
violation of local business tax regulations and imposed a fine of
$125.00 per day plus a one-time administrative fee of $50.00 should
the property fail to come into compliance by June 12, 2024.
June 11, 2024, Special Magistrate Hearing, Page 2 of 4
140
VII. REPEAT VIOLATORS
A. Case No. 240514003; Spirit CV Okeechobee FL LLC, CVS Health Corp do
Altus Group US Inc, 106 N Parrott AVE., Okeechobee [Legal Description:
CITY OF OKEECHOBEE Lots 1, 2, 3 and 6, of Block 154;together with a portion of that certain alley
in Block 154, running N and S, bounded by Lot 3 on the E and Lot 6 on the W, more particularly
description as follows: commencing at the Northeast(NE)corner of said Lot 6, Block 154; thence N
45°00'00" E for 21.16-ft to the W line of said Lot 3, Block 154; thence S 00°08'12" E along said W
line, for 62.44-ft to the SW corner of said Lot 3; thence S 89°56'15"W for 15.00-ft to the SE corner
of Lot 6;thence N 00°08'12"W,along the E line of said Lot 6,for 47.495-ft to the POB all that vacated
alley (Original Record Book (ORB)444, PG 1397) lying S of aforesaid described lots. Lots 7, 8, 9,
10, 11 and 12 of Block 154; less and except that portion of said Lots 7 and 8 taken for ROW by order
of taking recorded in ORB 334, PG 1449 and described as follows: begin at the SW corner of said
Block 154;thence along the W line of said Block,thence N 00°07'07"W,66.27-ft;thence N 89°54'49"
E, 0.31-ft to the beginning of a non-tangent curve to the left; thence along the arc of said curve,
having a radius of 66.50-ft, a central angle of 34°20'57", an arc length of 39.87-ft,the chord for which
bears S 17°15'39" E to the end of said curve; thence N 55°33'52" E, 3.00-ft; thence S 38°57'06" E,
10.00-ft; thence S 46°31'56"W, 3.00-ft to the beginning of a non-tangent curve to the left; thence
along the arc of said curve, having a radius of 66.50-ft, a central angle of 42°12'22", an arc length of
48.99-ft, the chord for which bears S 64°34'15" E to the end of said curve and to the S line of said
Block 154;thence along said S line S 89°56'39"W, 61.65-ft to the POB, 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. The respondent is a repeat violator, previous
Case No. 210317014. A SOV/NOH was hand-delivered and mailed via
USPS certified return receipt on May 14, 2024. The notice was received by
Victor Daveiga on May 20, 2024. The property was inspected and found to
be non-compliant on June 4, 2024. To comply with City Ordinances, the
property owner needs to complete the repairs to the irrigation system and
the broken parking lot light. The City Staff recommends in accordance with
the City's fine schedule a fine of$150.00 per day to begin on June 12, 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. 240514003 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 $150.00 per day plus a one-time
$100.00 administrative fee should the property fail to come into
compliance by June 12, 2024.
VIII. COMPLIED CASES
A. Case No. 230719001; Blue Spring Holdings LLC, NE 9th AVE, Okeechobee
[Legal Description: Unplatted lands of the City the SW quarter of the NE quarter and N half of
the NW quarter of the SE quarter S of the Sal Railroad (RR)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 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 PB 3, PG 29, 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, 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-ft to the
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"W 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; thence bear the following courses in a Southerly direction along the Easterly shore line of
Taylor Creek as follows: S 36°59'52"E a distance of 70.15-ft; S 26°01'09" E a distance of 49.01-ft; S
20°22'54" 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 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 parcel containing one acre, more or less a parcel of land lying in the NW quarter of the SE
quarter of Section 15, Township 37 S, Range 35 E, 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 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 89°21'13" E, a distance of 208.70-ft; thence
run S 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].
June 11, 2024, Special Magistrate Hearing, Page 3 of 4
141
VIII. COMPLIED CASES CONTINUED
A. Case No. 230719001 ; CONTINUED: No action on this matter was
requested but is noted for the record that the lien balance of$5,150.00 was
paid in full on March 22, 2024, and the Release of Lien was recorded on
April 10. 2024.
B. Case No. 240219005; Sam Lane c/o Richard Roberts, NW 10th ST,
Okeechobee [Legal Description: Lots 1 and 2 of Block 41 , CITY OF
OKEECHOBEE, PB 2, PG 17, Okeechobee County public records]. No
action on this matter was requested but is noted for the record that the
Lien/Order was recorded on April 25, 2024, the property came into
compliance on April 26, 2024, with a lien balance of$100.00 plus a $100.00
administrative fee.
IX. ADJOURN MEETING
There being no further business, Special Magistrate—Az n , adjou d t
Hearing at 7:04 P.M.
Roger Azcona, Special Magistrats—
ATTEST:
I . - �, i AIL(
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.
June 11. 2024, Special Magistrate Hearing, Page 4 of 4