2024-08-13 Official Minutes 143
OF" O!("....�
r�, �` �'A CITY OF OKEECHOBEE CODE ENFORCEMENT
AUGUST 13, 2024, SPECIAL MAGISTRATE HEARING
`:1 ii00 OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, August 13, 2024, at 6:08 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added, deferred, or withdrawn; there were none.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
June 11 , 2024, and the July 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, 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 June 11 , 2024, and
the Special Magistrate ruled to defer the ruling until the next Special
Magistrate Hearing on July 9, 2024, to allow the City Staff and Tanglewood
time to see if both parties could come to an agreement. The July 9, 2024,
Code Enforcement Special Magistrate Hearing was cancelled due to
unforeseen circumstances unrelated to the matters raised in the Code
Enforcement Agenda. A Notice of Hearing Cancellation and a Statement of
Violation/Notice of Hearing (SOV/NOH)was mailed via United States Postal
Service (USPS) certified return receipt on July 10, 2024. The notice was
received by Erin Wilson on July 13, 2024, and by Julian Williams and
Kaylynn G. on July 15. 2024. The City Attorney advised the Special
Magistrate that if Tanglewood provided an inspection from a licensed roofer
that reflected that the roofs on the four remaining buildings are not leaking
or do not currently need any further remediation for the health and safety of
the occupants by August 30, 2024. the city would be able to deem the
property in compliance.
August 13, 2024, Special Magistrate Hearing, Page 1 of 5
144
V. CONTINUED CASES CONTINUED
A. Case No. 230817007; CONTINUED: This is contingent on the property
owner re-roofing the four remaining buildings with two in 2025 and the
remaining two in 2026. If the case is closed due to compliance, the property
owner can apply for a lien reduction. Upon the closure of the current code
enforcement case Tanglewood would have a licensed roofer/inspector
issue an inspection report on a quarterly basis or somewhere there in
abouts to the city to assure that the four remaining roofs remain safe for the
occupants, until the roofs are replaced. With two being done next year in
2025 and the final two the year after in 2026. Failure to comply with the
required inspections will result in non-compliance and the city will pursue a
new case. Mr. Falk agreed with the terms of the above-mentioned
agreement.
Based on the evidence provided, Special Magistrate Azcona ruled to
enter an order for Case No. 230817007; based on the agreement.
VI. NEW CASES
A. Case No. 240521008: Michael Alan and Meredith Lanae Glassburn, 114
NW 9t'' ST, Okeechobee [Legal Description: Lots 21 and 22 of Block 37,
CITY OF OKEECHOBEE, PB 1 , PG 10. 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 not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on May 2, 2024. The
property was inspected and found to be non-compliant on May 22, 2024. A
SOV/NOH was mailed via USPS certified return receipt on May 22, 2024.
The notice was received by Mike Glassburn on May 28, 2024. The property
was inspected and found to be non-compliant on June 4, 2024, June 18,
2024, and July 3, 2024. Due to unforeseen circumstances unrelated to the
matters raised in the Code Enforcement Agenda the July 9. 2024. City of
Okeechobee Code Enforcement Special Magistrate Hearing was cancelled.
A Notice of Hearing Cancellation and a SOV/NOH was mailed via USPS
certified return receipt on July 11. 2024. The City Staff has not received the
notice nor the signature receipt card back 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 July 23, 2024. The property was inspected and found to be
non-compliant on July 23, 2024, and August 6, 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. The City Staff recommends in
accordance with the City's fine schedule a fine of $50.00 per day. to begin
on August 14, 2024, unless the property owner brings the property into
compliance on or before that date. plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240521008 to be in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification and imposed a fine of $50.00 per day plus a one-time
$50.00 administrative fee should the property fail to come into
compliance by August 14, 2024.
B. Case No. 240618005; Hazy Land and Construction LLC, 1109 NW 8th AVE.
Okeechobee [Legal Description: Lot 1 of Block 23, CITY OF
OKEECHOBEE, PB 1. PG 10, Okeechobee County public records].
August 13, 2024, Special Magistrate Hearing, Page 2 of 5
145
VI. NEW CASES CONTINUED
B. Case No. 240618005; CONTINUED: Code Officer Smith testified that the
property was in violation of Code of Ordinances Chapter 30, Sections 30-
43 Public nuisances, 30-44 General cleaning and beautification. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS
regular mail on May 10, 2024. The property was inspected and found to be
non-compliant on June 18, 2024. A SOV/NOH was mailed via USPS
certified return receipt on June 18, 2024. The notice was returned on July
15, 2024. A Notice to Appear was posted on the property and the Public
Notices Board at City Hall on June 25, 2024. The property was inspected
and found to be non-compliant on July 3, 2024. Due to unforeseen
circumstances unrelated to the matters raised in the Code Enforcement
Agenda the July 9, 2024, City of Okeechobee Code Enforcement Special
Magistrate Hearing was cancelled. A Notice of Hearing Cancellation and a
SOV/NOH was mailed via USPS certified return receipt on July 11, 2024.
The notice was received by Cayden Danley on July 13, 2024. The property
was inspected and found to be non-compliant on August 6, 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 remove all trash and debris from
the property. The City Staff recommends in accordance with the City's fine
schedule a fine of $50.00 per day, to begin on August 14, 2024, unless the
property owner brings the property into compliance on or before that date,
plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240618005 to be in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification and imposed a fine of $50.00 per day plus a one-time
$50.00 administrative fee should the property fail to come into
compliance by August 14, 2024.
C. Case No. 240626003; Okeechobee Hospitality LLC, 1200 Highway 70 East
(E), Okeechobee [Legal Description: Unplatted Lands of the City all that certain piece, parcel
or tract of land situate, lying and being a portion of Section (SEC) 22. Township (TWP) 37 South (S). Range
(RGE)35 E.said lands being more particularly described as follows:commencing for reference at the intersection
of the centerline of State Road(S.R.) No. 70(as shown on FDOT right-of-way(ROW)map for S.R. 70 Section
91070-2514)and the Northerly extension of the Easterly line of Government Lot 2:thence, bearing S 00'14'21"
E, a distance of 44.50-feet (ft) to a point on the Southerly ROW line of said S.R. No. 70; thence, bearing S
89'54'49" E, along said Southerly line. a distance of 125.00-ft to a point on the Easterly line of those lands
described in Official Records Book 634,PG 650;thence,bearing S 00"14'21"West(W).along said Easterly line,
a distance of 489.27-ft to the point and place of beginning of the herein described parcel; thence, continue S
00'14'21"E along said Easterly line,a distance of 201.26-ft to a point:thence,leaving said Easterly line,bearing
North(N)89'54'49"E.a distance of 100.00-ft to a point on the Westerly ROW line of SE 131'AVE:thence.bearing
S 00'14'21"E,along said Westerly line.a distance of 230.05-ft to a point on the Hopkins Meander line as shown
on FDOT ROW map SEC 91070-2514: thence. leaving said Westerly ROW line, bearing N 71'44'33"W. along
said meander line, a distance of 421.50-ft to a point;thence. leaving said meander line,bearing N 00'15'33"W.
a distance of 611.84-ft to a point:thence,bearing N 89`56'13"E.a distance of 185.59-ft to a point:thence,bearing
S 00'06'14" E. a distance of 313.06-ft to a point; thence. bearing N 89°56'13" E, a distance of 115.09-ft to the
point of beginning (POB).public records of Okeechobee County.Florida .
Code Officer Smith testified that the property was in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification. The respondent is not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on June 10, 2024. The
property was inspected and found to be non-compliant on June 25, 2024. A
SOV/NOH was mailed via USPS certified return receipt on June 26, 2024.
The notice was received by Laura Horn on July 10, 2024. The property was
inspected and found to be non-compliant on August 6, 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. The City Staff recommends in
accordance with the City's fine schedule a fine of $50.00 per day, to begin
on August 14, 2024, unless the property owner brings the property into
compliance on or before that date. plus a $50.00 administrative fee.
August 13, 2024, Special Magistrate Hearing, Page 3 of 5
146
VI. NEW CASES CONTINUED
C. Case No. 240626003: CONTINUED: Based on the evidence provided..
Special Magistrate Azcona found Case No. 240626003 to be in
violation of Code of Ordinances Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification and imposed a
fine of$50.00 per day plus a one-time $50.00 administrative fee should
the property fail to come into compliance by August 14, 2024.
VII. DELINQUENT BUSINESS TAX RECEIPTS
A. Case No. 240709013; Amanda Connah, whose business address is 1160
SE 21st ST, 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 August 13, 2024, no Lien/Order recorded, no fine
accrued.
VIII. REPEAT VIOLATORS
A. Case No. 240618009; Tina M. Bray, 1115 NW 7th Court, Okeechobee [Legal
Description: Lots 9 and 10 of Block 15, NW ADDITION TO OKEECHOBEE,
PB 1, PG 25, 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, Chapter 54, Sections 54-81 Use as a residence.
54-84 Parking in residential district, the property was found to be in
compliance on August 6, 2024, no Lien/Order recorded. no fine accrued.
B. Case No. 240624001 ; Alan P. Miller, 400 SE 7th ST, Okeechobee [Legal
Description: Lot 12 and E half of SE 4th AVE lying W of Lot 12 and N half of
adjacent alley of Block K. CENTRAL PARK, AN ADDITION TO THE CITY
OF OKEECHOBEE, PB 2. PG 39, 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 30-43 Public nuisances, 30-44 General
cleaning and beautification. the property was found to be in compliance on
August 7, 2024. no Lien/Order recorded, no fine accrued.
C. Case No. 240709009; Harry A. and Betty A. Schock, 1805 NW 7th AVE,
Okeechobee [Legal Description: Lot 4 and N half of Lot 5 of Block 53,
CONNERS HIGHLANDS. PB 1 . PG 21 , Okeechobee County public
records].
Code Officer Smith testified that the property was 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.
previous Case No. 221118023, and 230720007. A SOV/NOH was mailed
via USPS certified return receipt on July 9, 2024. The notice was received
on July 11 , 2024. The property was inspected and found to be non-
compliant on August 6, 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 remove all the junk, debris, and trash from the property. The
City Staff recommends in accordance with the City's fine schedule a fine of
$150.00 per day, to begin on August 14, 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. 240709009 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 $150.00 per day plus a one-
time $100.00 administrative fee should the property fail to come into
compliance by August 14, 2024.
August 13, 2024, Special Magistrate Hearing, Page 4 of 5
147
IX. COMPLIED CASES
A. Case No. 240530007; Huda Elhindi, 918 SW 2nd ST, Okeechobee [Legal
Description: Lot 17 and E half of Lot 16 of Block 200, CITY OF
OKEECHOBEE, PB 1, PG 10, 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 30-43 Public nuisances, 30-44 General
cleaning and beautification, Florida Building Code Chapter 3, Section 306
Sanitation, the property was found to be in compliance on June 18, 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 S 00°15'09"W along the E ROW line of SW 7`"AVE, a
distance of 100.00-ft for the POB;thence continue S 00°15'09"W along said E ROW line a distance of 106.07-ft;
thence bear 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'"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]. No action on this matter was
requested but is noted for the record that the Lien/Order was recorded on
June 13, 2024, the respondent came into compliance on June 24, 2024,
with a lien balance of$1,500.00 plus a $50.00 administrative fee.
C. Case No. 240521006; Bruce and Pamela Snell, 700 NW 9th ST,
Okeechobee [Legal Description: Unplatted lands of the City abandoned railroad of FEC beginning
at the SW corner of Lot 6 of Block 40, TOWN OF OKEECHOBEE,according to the Plat thereof recorded in PB
2,PG 1,public records of St.Lucie County,Florida,and run N 150-ft;thence W 150-ft to the E line of Tucaloosa
ST;thence S along the E line of Tucaloosa ST to inter-section with the N line of 15'h ST;thence E along the N
line of 156' ST to the POB, 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 July 3, 2024, no Lien/Order recorded, no fine accrued.
D. Case No. 240314003; Donald A. Hayes, Jr. and Crystal L. Staton, 1002 NW
6th ST, Okeechobee [Legal Description: Lot 17 and W half of Lot 18 of Block
17, NW ADDITION TO OKEECHOBEE, PB 1, PG 25, 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 11, 2024, the property was
found to be in compliance on May 10, 2024, with a lien balance of$1,350.00
plus a $50.00 administrative fee.
E. Case No. 240215003; Donna Marsh Walpole, 501 SE 6th ST, Okeechobee
[Legal Description: Lots 20 and 21 of Block E, CENTRAL PARK, AN
ADDITION TO THE CITY OF OKEECHOBEE, PB 2, PG 39, 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 30-43 Public
nuisances, 30-44 General cleaning and beautification, IPMC Chapter 3,
Section 304.1 General, the property was found to be in compliance on July
11, 2024, no Lien/Order recorded, no fine accrued.
X. ADJOURN MEETING
There being no further business, Special Maas istr co , adjou the
Hearing at 7:44 P.M.
/R6ger Azcona, Specia agistfate`
ATTEST:
I I .
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.
August 13, 2024, Special Magistrate Hearing, Page 5 of 5