2024-06-11 VIII.A. Ex.5 Exhibit 5
VIII. A. Exhibit #5
Case #240719011
Blue Spring Holdings LLC
Exhibit 5
Code Enforcement Hearing June 11 , 2024
Case Number, Name and Address:
Case#230719011, Blue Spring Holdings LLC, NE 9th Ave.
Code Section Violated Description of Violation
Chapter 30, Sections 30-43 Public nuisances, Vacant lots with overgrown, grass, weeds, bushes or
30-44 General cleaning and beautification. shrubs and trees
Photos:
See attached
Is respondent a Repeat Violator?
Yes, Previous Case#191115015, in violation of Chapter 30 Sections 30-43 Public
nuisances, and 30-44 General cleaning and beautification.
Summary:
• The City communicated with the respondent on the below occasion(s).
Date of notice Type of notice Received by Date
received/
returned
March 12, 2024 The case was presented to the Special Magistrate for Fine Reduction
consideration. The Special Magistrate ruled to reduce the fine by 50% reducing
the fine from$10,100.00 to$5,050.00 plus a$100.00 administrative fee,totaling
$5,150.00.
March 14, 2024 Fine Reduction Approval Letter was mailed via USPS certified mail. The city
received the signature card back with no signature left with an individual March
18, 2024 @ 5:55pm. USPS tracking details placed in file.
March 15, 2024 Code Officer Curl received a phone call from the property owner Gad reference
to the Fine Reduction Ruling, he was very displeased and stated that the ruling
went totally against him, and it was an unfair ruling as he had spoken with and
met with Anthony and I and he just doesn't understand how this came about. He
asked who the Code Enforcement Supervisor was. He was advised that would
be Lt.Taylor or Chief Hagan. He then asked if there was anything that they could
do about the Magistrate's Ruling at this point or was his only option was to
appeal it and he had 30 days to do that. I advised him that they could not change
the Magistrate's ruling and advised him yes that was his option and that he had
30 days from the hearing to appeal it and it would have to be done through the
Okeechobee County Clerk of Court.
March 21, 2024 Received an email from Steve Dobbs wanting to know what the appeal process
is for the magistrate's order. Code Officer Curl replied to Mr. Dobbs to let him
know that the City of Okeechobee cannot give legal advice. With regards to
appealing the order of the Special Magistrate, please see section 18-38(b) of
the City of Okeechobee's Code of Ordinances.
March 22, 2024 Fine reduction payment received in the amount of $5,150.00 paid by check
#2368. Receipt #49798 issued. Release of Lien prepared for the Mayor's
signature.
Page 1 of 2
Exhibit 5
Date of notice Type of notice Received by Date
received/
returned
April 10, 2024 Release of Lien recorded at the Okeechobee County Clerk of Court, File
#2024003922, Page(s): 1.
April 11, 2024 Release of Lien mailed out via USPS regular mail with a copy of the receipt for
the fine reduction payment. Case Closed.
City Recommendation:
The City recommends that it be noted for the record that the fine totaling $5,150.00 was paid in
full on March 22, 2024. The Release of Lien was recorded on April 10, 2024, at the Okeechobee
County Clerk of Court. No further action on this matter. Case is closed.
Chronology attached
Page 2 of 2
Exhibit 5
Case #230719011; Blue Spring Holdings LLC, NE 9th Ave
Date Event/Documents
June 2, 2023 Property owner: Blue Spring Holdings LLC
Property address: NE 9th Ave, Okeechobee, FL. 34972
Mailing address: 10860 SW 25th St, Davie, FL. 33324-5606
Parcel ID: 2-15-37-35-0A00-00003-0000 (36510)
Legal Description: Unplatted lands of the City the Southwest(SW)quarter of the Northeast(NE)quarter
and North (N)half of the Northwest(NW)quarter of the Southeast(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 3, Page 29, public records of Okeechobee
County,Florida 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, Florida 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 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 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, Okeechobee County, Florida. 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
FOB.
Code Officer Curl received a complaint from Skip Moshier, 309 NE 8th Ave, 863-824-2692
reference to the vacant lot next to his house being overgrown again and causing a rodent
problem.
Code Officer Curl inspected the property and found the property to be in violation of
Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification
for vacant lots having overgrown, grass, weeds, bushes or shrubs and trees. Photos in
the file.
****REPEAT VIOLATOR**** Previous Case#191115015, Found in violation of Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and beautification.
Page 1 of 4
Exhibit 5
Case #230719011; Blue Spring Holdings LLC, NE 9th Ave
Date Event/Documents
June 6, 2023 Code Officer Curl contacted Steve Dobs, the property manager at (863) 634-0194 and advised
him that I had received a complaint about the property being overgrown and in need of being
cut. He stated that he would take care of it.
July 5, 2023 Code Officer Curl received a call from Mr. Moshier again, he stated that the vacant lots still
have not been mowed. I advised Mr. Moshier that I will be out to inspect the properties again
and will be sending and official notice to the property owner.
July 6, 2023. Code Officer Curl contacted Steve Dobs, the property manager at(863) 634-0194 and advised
him that I had received a second complaint about the property being overgrown and in need of
being cut. He stated that he would take care of it.
July 18, 2023 Code Officer Curl and Smith inspected the property still non-compliant; the vacant lots are
still overgrown. Photos in the file.
July 19, 2023 SOV/NOH, city ordinances and photos mailed via USPS certified return receipt for the
September 12, 2023, Hearing.
August 14, 2023 Code Officer Smith met with the contractor(863-532-1526)that was being hired to cut the Blue
Spring property and advised him what would be needed to be completed to bring the property
into compliance. He advised me that that he should have property cut in a week.
August 29, 2023 Gad Reggev (954) 756-4140 called into the office and spoke with Code Officer Smith and
advised that the contractor he had hired to cut the property would not respond to his calls or
texts. I advised him I would note that in the file, however he needed to find someone to do the
project because this issue has been a problem for a while now and needed to be corrected.
August 31, 2023 Property owner called in and spoke to Code Officer Smith and advised me that he had just had
a surgical procedure and that he would down for some weeks and that he would call B and B
site development to complete the cutting of the property.
August 31, 2023 Steve Dobbs called in to the office and spoke to Code Officer Curl and she advised him what
was needed to be done to bring the property into compliance.
September 5, 2023 Code Officer Smith inspected the property; still non-compliant, none of the issues had been
addressed. Photos in file.
September 8, 2023 Code Officer Curl received a call from Gad stating that the overgrowth had been taken care of.
He was advised that we would complete a compliance inspection.
Code Officer Curl inspected the property, still non-compliant. The West side of NE 8th Ave
and the parcel at the end of NE 8th Ave has been mowed, however the parcel on the East side
of NE 8th Ave has not been mowed.
September 12, 2023 Case presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-
43 Public nuisances, 30-44 General cleaning and beautification and imposed a fine of
$100.00 per day plus a one-time $100.00 administrative fee to begin 21 days after the
date of this Hearing unless the property owner brings the property into compliance on
or before that date.
Page 2 of 4
Exhibit 5
Case #230719011; Blue Spring Holdings LLC, NE 9th Ave
Date Event/Documents
September 14, 2023 Lien/Order mailed via USPS certified return receipt. Returned, undeliverable, unable to
forward on October 26, 2023.
October 3, 2023 Code Officer Smith inspected the property; still non-compliant, overgrown grass still above
24 inches in height. Photos in the file.
Lien/Order recorded at the Okeechobee County Clerk of Court, File#2023011476, Page(s):1.
Mailed Recorded Lien/Order via USPS certified return receipt. Returned, attempted, not
known, unable to forward on November 2, 2023.
October 6, 2023 File given to City Hall to scan into records.
October 26, 2023 Code Officer Smith posted the property and the public notices board at City Hall with the
recorded Lien/Order.
January 17, 2024 Code Officer Smith inspected the property; still non-compliant, overgrown grass and weeds.
Photos in file.
90-Day Letter mailed via USPS certified return receipt. Delivered, left with individual on
January 20, 2024, at 11:03 am per USPS tracking details. The City has not received the
return receipt card back. USPS tracking details placed in file.
January 23, 2024 Code Officer Curl received a call from the property owner, Gad stating that he received the
90-Day Letter, however he was not aware that there was a lien on the property. It was
explained to him how the lien came to be. He stated that he would come to the property
tomorrow and would like to me someone there.
January 24, 2024 Code Officer Curl inspected the property, still non-compliant all the overgrown vegetation
remains. I also met with the property owner, Gad, to show him what needed to be done to bring
the property into compliance. Photos in the file.
February 2, 2024 Received an email from Gad stating that the property was in compliance. Email with photos
placed in file.
February 6, 2024 Fine Reduction Application with payment was received.
February 7, 2024 Code Officer Smith inspected the property, in compliance. Photos in the file. Blue Springs
Holdings LLC will be credited back to February 2, 2024. Fine accrual grand total of$10,200.00
including $100.00 administration fee. Fine accrual began on October 26, 2023, in compliance
February 7, 2024, totaling 100 days.
February 12, 2024 SOV/NOH via USPS certified return receipt for the March 12, 2024, Hearing. Delivered, left
with individual on February 15, 2024, at 10:29 am per USPS tracking details.The City has
not received the signature card back yet. USPS tracking details placed in file.
March 12, 2024 The case was presented to the Special Magistrate for Fine Reduction consideration. The
Special Magistrate ruled to reduce the fine by 50% reducing the fine from $10,100.00 to
$5,050.00 plus a $100.00 administrative fee, totaling $5,150.00.
Page 3 of 4
Exhibit 5
Case #230719011; Blue Spring Holdings LLC, NE 9th Ave
Date Event/Documents
March 14, 2024 Fine Reduction Approval Letter was mailed via USPS certified mail. The city received the
signature card back with no signature left with an individual March 18, 2024 @ 5:55pm.
USPS tracking details placed in file.
March 15, 2024 Code Officer Curl received a phone call from the property owner Gad reference to the Fine
Reduction Ruling, he was very displeased and stated that the ruling went totally against him,
and it was an unfair ruling as he had spoken with and met with Anthony and I and he just doesn't
understand how this came about. He asked who the Code Enforcement Supervisor was. He
was advised that would be Lt. Taylor or Chief Hagan. He then asked if there was anything that
they could do about the Magistrate's Ruling at this point or was his only option was to appeal it
and he had 30 days to do that. I advised him that they could not change the Magistrate's ruling
and advised him yes that was his option and that he had 30 days from the hearing to appeal it
and it would have to be done through the Okeechobee County Clerk of Court.
March 21, 2024 Received an email from Steve Dobbs wanting to know what the appeal process is for the
magistrate's order. Code Officer Curl replied to Mr. Dobbs to let him know that the City of
Okeechobee cannot give legal advice. With regards to appealing the order of the Special
Magistrate, please see section 18-38(b) of the City of Okeechobee's Code of Ordinances.
March 22, 2024 Fine reduction payment received in the amount of $5,150.00 paid by check #2368. Receipt
#49798 issued. Release of Lien prepared for the Mayor's signature.
April 10, 2024 Release of Lien recorded at the Okeechobee County Clerk of Court, File #2024003922,
Page(s): 1.
April 11, 2024 Release of Lien mailed out via USPS regular mail with a copy of the receipt for the fine
reduction payment. Case Closed.
Page 4 of 4
Exhibit 5
Okeechobee County Property Appraiser 2022 Certified Values
Mickey L.Bandl,CPA updated:7/13/2023
Parcel:O` 2-15-37-35-0A00-00003-0000(36510) ) Aerial Viewer Pictometery Google Maps
Owner&Property Info Result:14 of 17 O 2023 O 2022 n 2021 O 2020 O 2019 O Sales
BLUE SPRING HOLDINGS LLC il
Owner 10860 SW 25TH ST
DAVIE,FL 33324.5606 ' - . . ,
Site NE 9TH AVE OKEECHOBEE ,
�.'
UNPLATTED LANDS OF THE CITY THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 h,', -
Description. AND NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 SOUTH OF THE
SAL RAILROAD RIGHT-OF-WAY;SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE -
SOUTHEAST 1/4;THE SOUTHEAST 1/4 OF THE NORTHWEST 1...more»> 7 at
Area 52.29 AC S/T/R 15-37-35 141r ,
Use Code" NON AG ACREAGE(9900) Tax District 50 --
'The pCsolo1�above is not to be used as the Legal Description for Ibis parcel in any legal transaction. I
-The Use Coda is a Dept.of Revenue code and is used solely for Property Appraisal purposes.Please contact Okeechobee
County�I�Tg 8 Development at 863-763-5548 for zoning into, •
Property&Assessment Values a
2021 Certified Values 2022 Certified Value
Mkt Land $249,074 Mkt Land $374,230 _ _
Ag Land $0 Ag Land $0
Building $0 Building $0 i•-, + 1
XFOB $0 XFOB $0 •Frol ---
Just $249.074 Just $374,230
Class $0 Class $0 '•,'8.- '_L •
Appraised $249,074 Appraised $374,230 - " = • .
SOH/10% SOH/10%Cap • • '
Cap(71 $20,550 (71 $122,854 _ ,y
: it Y as
> a >.
Assessed $249,074 Assessed $374,230
Exempt so Exempt $0
Total county:S228,524 clty:$228,524 Total county:$251,376 cey:$251,376 .
Taxable cther:$228,524 school:$249,074 Taxable other$251,376 echool:$374,230
Mole Property ownership changes can cause the Assessed value of the property to reset to lull Market value.which •
could result in higher property taxes.
Sales History
Sale Date Sale Price BooWPage Deed V/I Qualification(Codes) RCode
9/21/2020 $4,000 2020009559 WD V U 19
10/28/2019 5400,000 2019011151 PR V U 11
10/28/2019 $100 2019011147 PR V U 11
5/25/2016 $100 0776/0732 QC I U 11
1/18/2016 $100 0769/1572 QC I - U 11
12/19/2008 S100 0663/1621 QC I _ U _ 01
6/19/2007 $1,700,000 0633/0717 WD V U 03
6/19/2007 $0 0633/0715 QC V U 03
11/25/2003 $0 0520/0272 QC V U 03
2/14/2002 50 0470/0950 QC V U 03
-- 1/3/1997 $200.000 0386/1007 WD V Q _ —
8/24/1995 SO 0371/0321 WD V U 03
9/1/1987 SO 0291/0023 QC V U 03
8/1/1980 $112.300 0236/0808 WD V Q
w Building Characteristics
Bldg Sketch I Description' I Year Bfi Base SF I Actual SF Bldg Value
NONE
Extra Features&Out Buildings Maass)
Code I Description I Year Blt I Value I Units I Dims I Condition(%Good)
NONE
Land Breakdown
Code Description Units Adjustments EH Rate Land Value
009533 LOW 41-<101 AC(MKT) 25.800 AC 1.0000/1.0000 1.0000// $2,000/AC $51,600
100HS6 FIRST AC(MKT) 1.000 AC 1.0000/1.0000 1.0000// $25,000/AC $25,000
900HS6 REMAIN AC(MKT) 24.390 AC 1.0000/1.0000 1.0000/.8000000/ $12,000/AC $292,680
961CAC NON/CONFG(MKT) 1.100AC 1.0000/1.0000 1.0000/.2500000/ $4,500/AC $4,950
Search Result:14 of 17
e Okeechobee County Property Appraiser I Mickey L Bendl,CFA I Okeechobee.Florida 1863-7634422 by:GriuiyLogk.com
129
0
y.. CITY OF OKEECHOBEE CODE ENFORCEMENT
F
MARCH 12, 2024, SPECIAL MAGISTRATE HEARING
OFFICIAL MINUTES
`'-''Z'acTn
I. CALL TO ORDER
Special Magistrate Roger 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) 3r" 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 Quasi-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 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 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 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,
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 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].
March 12,2024, Special Magistrate Hearing, Page 1 of 5
Exhibit 5
130
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 with the Code Enforcement Staff.
B. Case No. 230918005; Freddie L. and Ruby L. Minton, 302 NE 81h 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 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 do 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
Exhibit 5
131
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 5'h 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 21 s`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 16'h 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
Exhibit 5
132
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 9'h 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 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.
VIII. 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 further 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
133
ATTEST:
1
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
Exhibit 5
c.% — _4,4
+ ."0''s‘ City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
March 14, 2024
Blue Spring Holdings LLC
10860 SW 25th St.
Davie, FL. 33324-5606
Re: NE 9th Ave, Okeechobee, FL. 34972
Case No.: 230719011
Dear Property Owner:
This letter is to notify you that your request for a Fine Reduction was approved by the
Special Magistrate on March 12, 2024. The fine was reduced from $10,100.00 to
$5,050.00 plus a $100.00 administrative fee. The total amount due is $5,150.00 including
the administrative fee.
Please remit payment to the City of Okeechobee, 50 SE 2nd Ave, Okeechobee, FL. 34974
within 30 days unless other arrangements have been made prior to the Hearing to avoid
any foreclosure proceedings being filed against the above-mentioned property. Once the
fine has been paid in full, a Release of Lien will be recorded to release the lien on the
property and close the case If you have any questions, please contact our office at
863-763-9795 to discuss this matter.
Sincerely.
Christina Curl
City of Okeechobee
Code Enforcement Officer
(863) 763-9795
ccurI(a�cityofokeechobee.com
Exhibit 5
U.S. Postal Service"'
CERTIFIED MAIL® RECEIPT
ru Domestic Mail Only
cOrri 111===211=====
—0 -71tified Mail Fee
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Extra Services&Fees(check box,add lee as apixoPetzgli
°Return Receipt frierdcopy) $ 6121 jaktidat.L
D Return Receipt(electronic)
C:l Li Certified Restricted Delivery S ere
CI 0 Adult&ignaltve Required
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Postage
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$
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PS Form 3800,April 2015 PSN 7530-112-0O3•9047 See Reverse for Instructions
Exhibit 5
SENDER:COP.IPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signature
• Print your name and address on the reverse X gent
so that we can return the card to you. ❑Addressee
• Attach this card to the back of the mailpiece, S. Received by(Printed Name) C._C1ote.f.Delivery
or on the front if space permits.
- —- 'dress different from item 1?,0 Yes
delivery address below: 0 No
Blue Spring Holdings LLC
10860 W 25th St
Davie, FL. 33324-5606
3. Service Type ❑Priority Mail Express®
II II 111 1111 1I I II11I I IIIII II I(II II'I III D Adult Signature IDRegistered Mail''"
o Adult Signature Restricted Delivery ❑Registered Mail Restricted
2349 5942 73 acertified Mail® Delivery
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❑Collect on Delivery 0 Signature Confirmation
2 Article Ni imMr?rants r r,,,,,,eer„r..o I kcal 0 Collect on Delivery Restricted Delivery Restricted Delivery
7022 1670 0001 7067 8321
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PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
Exhibit 5
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Exhibit 5
CITY OF OKEECHOBEE, FLORIDA
55 S.E. 3rd Avenue, Okeechobee, FL 34974
N2 49728 (863) 763.3372
11,h. .D1 20
RECEIVED from 010,d, g Po P/t1 LLO_
, 1 41\kbt A-5' 71.,A;;k, 1)4.e. ,071 I A, • --DC/D1011486rS
$ T>, f; klb CLERK
Exhibit 5
Official Records File#2024003922 Page(s) 1
PREPARED BY AND RETURN TO: Jerald D Bryant
Clerk of the Circuit Court&Comptroller
City of Okeechobee Okeechobee. FL Recorded 4/10/2024 2:28 PM
Code Enforcement Department Fees RECORDING$10 00
50 Southeast 2°d Avenue
Okeechobee,Florida 34974
RELEASE OF LIEN
The City of Okeechobee ("City"), is the owner and holder of the Lien/Order recorded on October 3, 2023 in OR File
No.2023011476, Page(s) 1 of the Official Records of Okeechobee County, Florida, claiming a Lien against the property
described as follows:
City Case No: 230719011
Property Owner: Blue Spring Holdings LLC
Site Address: Northeast 9ttt Avenue,Okeechobee, FL. 34972
Legal Description: Unplatted lands of the City the Southwest(SW)quarter of the Northeast(NE)quarter and North(N)half of the Northwest(NW)quarter
of the Southeast(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 3,Page 29,public records of Okeechobee County,Florida 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,
Florida 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 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
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 P06 and less the
following parcel containing one acre,more or less a parcel of land tying in the NW quarter of the SE quarter of Section 15,Township 37
S,Range 35 E,Okeechobee County.Florida.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 Si
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 P08,Okeechobee
County public records
Parcel ID No.: 2-15-37-35-0A00-00003-0000 (36510)
("Property"). The City hereby fully releases said Lien/Order against the Property and considers same to be
cancelled and discharged of record. While this Release of Lien is intended to release the aforementioned Property
from the Lien/Order fully and completely, it is not intended to release or embrace contractual rights.
City of Okeechobee
4/b /iel
Dowling R. Watford,Jr.,Mayor
1)'0,a1l,f 1 -1, -2(:.Y'� J
Date
Sworn to (or affirmed) and subscribed before, by means of❑ physical presence or ❑ online notarization, me this ' day of
, 2024, by I )(10IU1:ik. who is ❑ personally known to me or ❑ provided the following
identification:
• 0,6 / et!
S.LANE GAMIOTEA Notary Public-Sta of Florida
MY COMMISSION#HH415279 NOTARY PUBLIC
N.," EXPIRES:June 29,2027 State of Florida at Large J � �
My Commission Expires: