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2024-08-13 IX.B. Ex.10 Exhibit 10 IX. B. Exhibit #10 Case #240430016 Blakes Transport LLC Exhibit 10 Code Enforcement Hearing August 13, 2024 Case Number, Name and Address: Case#240430016, Blakes Transport LLC, 1410 SW 5th Avenue, Okeechobee, FL. 34974 Code Section Violated Description of Violation Chapter 50, Sections 50-36 Issuance of local business Not renewing their local business tax receipt (BTR) by tax, 50-43 Penalties for violation of local business tax September 30, 2023, and engaging in business without first regulations having procured an active local BTR from the City of Okeechobee. The total amount due is $361.56. Photos: See attached Is respondent a Repeat Violator? No Summary: • The City communicated with the respondent on the below occasion(s). Date of notice Type of notice Received Date by received /returned June 11, 2024 The case was presented to the Special Magistrate and found to be in violation of 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 $50.00 administration fee should the business owner fail to pay pass due amounts to bring his BTR current. June 12, 2024 Code Officer Smith verified with Trish, the City's BTR Specialist, that the BTR has not been paid. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2024006495, Page(s):1. June 13, 2024 Recorded Lien/Order mailed out via USPS certified return receipt. signature June 17, not legible 2024 June 17, 2024 Lien/Order rerecorded due to clerical error at the County Clerk of Court. File #2024006643, Page(s) 1. June 24, 2024 Business Owner Andrew Doe came into the office in reference to his delinquent BTR. He was advised that he would need to bring his BTR current first to bring the business into compliance and that would need to be paid at City Hall in the Finance Department.Then once the business was in compliance he could then apply for a fine reduction. A Fine reduction application, a copy of the Delinquency Notice, the 250 Day Delinquency Letter and the recorded lien/order was given to Mr. Doe. The City Staff received notice from Trish, the City's BTR Specialist, that the owner of Blakes Transport paid for his BTR in full. Copy of the payment receipt placed in the file. The business is in compliance, case closed with an accrued fine balance of $1,500.00 plus a $50.00 administrative fee. June 25, 2024 Compliance Letter with fine total mailed out via USPS certified return receipt. Per USPS tracking the notice was delivered to an individual at the address at 5:09 pm on June 28, 2024. The City Staff have not received the signature receipt card back. Tracking details placed in the file Page 1 of 2 Exhibit 10 Date of notice Type of notice Received Date by received /returned June 27, 2024 Code Officer Smith spoke with Andrew Doe, and he gave me the fine reduction application that he had filled out. I advised him that the application would not move forward until he paid the $135.00 processing fee. He was made aware that he had another lien from a previous case that needed to be dealt with as well. He advised me that he would be back tomorrow to get the fine total. He was also advised that if he could prove when he stopped parking his semi at his residence, I would give him credit for it. City Recommendation: The City recommends no action on this matter, but requests it be noted for the record that the Lien/Order was recorded on June 13, 2024, the business came into compliance on June 24, 2024, with a lien balance of$1,500.00 plus a $50.00 administration fee. Chronology attached Page 2 of 2 Exhibit 10 Case #240430016, Blakes Transport, LLC Date Event/Document March 18, 2024 Business Name: Blakes Transport LLC Business Registered Agent: Andrew Doe Business address: 1410 SW 5th Avenue, Okeechobee, FL. 34974 Mailing address: 1410 SW 5th Avenue, Okeechobee, FL. 34974 Parcel ID: 3-21-37-35-0100-000D0-001 A (34925) Legal Description: OAK GROVE ADDITION TO CITY OF OKEECHOBEE A PORTION OF BLOCK"D", OAK GROVE ADDITION TO CITY OF OKEECHOBEE,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 86, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID BLOCK"D", BEAR SOUTH 00°15'09"WEST ALONG THE EAST RIGHT OF WAY LINE OF SOUTHWEST 7TH AVENUE, A DISTANCE OF 100.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°15'09"WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 106.07 FEET; THENCE BEAR NORTH 89°59'00" EAST TO THE INTERSECTION WITH THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, IN THE WESTERLY RIGHT OF WAY LINE OF SOUTHWEST 5TH AVENUE,A DISTANCE OF 297.74 FEET, SAID CURVE HAVING A RADIUS OF 816.33 FEET, AND A DELTA ANGLE OF 05°13'28"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 74.44 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE BEAR NORTH 30°22'49" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 46.66 FEET; THENCE BEAR SOUTH 89°59'00"WEST A DISTANCE OF 355.57 FEET TO THE POINT OF BEGINNING 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 not renewing their local business tax receipt (BTR) by September 30, 2023, and engaging in business without first having procured an active local BTR from the City of Okeechobee. The total amount due is $361.56. March 25, 2024 250-Day Delinquent Letter mailed via USPS certified return receipt. The notice was received on March 28, 2024, signature not legible. April 30, 2024 Code Officer Curl verified with Trish, the City's BTR Specialist that the BTR has not been paid. April 30, 2024 SOV/NOH and Delinquent Letter mailed via USPS certified return receipt for the June 11, 2024, Hearing. Received by Yvonne Sheldon on May 4, 2024. June 4, 2024 Code Officer Curl verified with Trish, the City's BTR Specialist that the BTR has not been paid. June 11, 2024 The case was presented to the Special Magistrate and found to be in violation of 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 $50.00 administration fee should the business owner fail to pay pass due amounts to bring his BTR current. June 12, 2024 Code Officer Smith verified with Trish, the City's BTR Specialist, that the BTR has not been paid. Lien/Order recorded at the Okeechobee County Clerk of Court, File#2024006495, Page(s):1. June 13, 2024 Recorded Lien/Order mailed out via USPS certified return receipt. Received on June 17, 2024, signature not legible. Page 1 of 2 Exhibit 10 Case #240430016, Blakes Transport, LLC Date Event/Document June 17, 2024 Rerecorded the Lien/Order due to the fact their was clerical error at the County Clerk of Court. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2024006643, Page(s):1. Copy placed in file. June 24, 2024 Business Owner Andrew Doe came into the office in reference to his delinquent BTR. He was advised that he would need to bring his BTR current first to bring the business into compliance and that would need to be paid at City Hall in the Finance Department. Then once the business was in compliance he could then apply for a fine reduction. A Fine reduction application, a copy of the Delinquency Notice, a copy of the 250 Day Delinquency Letter and a copy of the recorded lien/order was given to Mr. Doe. The City Staff received notice from Trish, the City's BTR Specialist, that the owner of Blakes Transport paid for his BTR in full. Copy of the payment receipt placed in the file. The business is in compliance, case closed with an accrued fine balance of$1,500.00 plus a $50.00 administrative fee. June 25, 2024 Compliance Letter with fine total mailed out via USPS certified return receipt. Per USPS tracking the notice was delivered to an individual at the address at 5:09 pm on June 28, 2024. The City Staff have not received the signature receipt card back. Tracking details placed in the file. June 27, 2024 Code Officer Smith spoke with Andrew Doe, and he gave me the fine reduction application that he had filled out. I advised him that the application would not move forward until he paid the $135.00 processing fee. He was made aware that he had another lien from a previous case that needed to be dealt with as well. He advised me that he would be back tomorrow to get the fine total. He was also advised that if he could prove when he stopped parking his semi at his residence, I would give him credit for it. July 9, 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 had to be cancelled. Page 2 of 2 Exhibit 10 Okeechobee County Property Appraiser 2023 Certified Value& Mickey L.Bondi,CFA updated:6/8/2024 Parcel:() 3-2137-35-0100-000D0-001A(34925) 0 Aerial Viewer Pielenvetery Go5le Maps Owner&Property Info Resuh:1 of 2 0 2023 02022 2020 r2s les ris- DOE ANDREW '''f .l� • ~ t l; i 1I}-1T.7f`4•.‘ Owner 1410 SW 5TH AVE + .e.I �� ,- •3r - OKEECHOBEE,FL 34974-5018 - - .t';• '• ., } ! •• „,..k A a ,P ♦447: Site 1410 SW 5TH AVE OKEECHOBEE w y c•j;`. . 41 y f rji�• eia� OAK GROVE ADDITION TO CITY OF OKEECHOBEE A PORTION OF BLOCK'IX,OAK ''f r r .II .' _ ~ GROVE ADDITION TO CITY OF OKEECHOBEE,ACCORDING TO THE PLAT THEREOF C + d 7A• • q.4 - Descnp6on. RECORDED IN PLAT BOOK 2,PAGE 86,PUBLIC RECORDS OF OKEECHOBEE COUNTY, is 4 IY 4 ',t r t r r ,.`i a'f Ir -' P 1 di s FLORIDA,BEING MORE PARTICULARLY DESCRIBED ASFO...more»> •44. '( rRr: a�',,7 1, I, l,L} ,tsj1 r Area 0.793AC S!T!R 21-37-35 I I rt,'t v `ytl,• g, s�yi' Se i�f` '`~ Use Code" SINGLE FAMILY(0100) Tax District 50-Okeechobee(within City limits) 'T 14 r I- 1f F 1r _ . ;et., -i)' 'y. .The agora=above is not to be used as the Legal Desenption for this parcel in any legal transaction. jt 1 -714,4'" '{'- .• r ' ., I a, eq ”The Use Code e a Dept.of Revenue code.Please contact Okeechobee County Planning 6 Development al 863-763-6548 Ion I 1.; t , F --y - zoning info. yL �,♦ l 1 r � . - 7 I - yam. • _. Property&Assessment Values .n-t'm' t.. • -r ��' • . ;. f. 'e;; 'r.,1%._ e � "� ''I 2022 Certified Values 2023 Certified Values - 4, ',, -I4-? n;} '9 rl r..4•44 '"E ,7 i, Mkt Land $27,812 Mkt Land $39,904 I� .r • ;tkr,s 1 '> 1�'(...;Ita� < ft,l t.'t • `1' Ag Land $0 Ag Land $0 F, . �, r •Y„ o f tfr y a r / e arx n,.� "u_. ,�5 t _� s fL�il ) Building $235,443 Building $311,646 �1,, 1 `it �' $341 0 13oT.000 4 XFOB $3,982 XFOB $3,643 1 /• a ^+ 7 w0.1 oeoow0 po of s sue l s l 11', ter` .'d.a -kilt-- # 9 xli Just $267,237 Just $355,193 ip(jy�7��[7, k ad Ls '"7t1 AFC-A' Class $0 Class $0 .1 A:7�, % i'' .'11•` 1 _!.r.,.y j' • ' Appraised $267,237 Appraised $355,193 , 14 . •SOH/10% SOW10%Cap i �• •i :M F4; 9 yi W �► T • r lb'" mn I's f` $65,171 $147,523 - i .S^" . !y _�- Cep[7] l?] • i k ti ,,L II Ir{��_ 31.. Assessed $202,637 Assessed $208,258 h� rkr w ` may ',: 1 ,. Exempt HX HB $50,000 Exempt HX HB $50,000 : 1 � � Y` _: Total coo 6152,066 u $152,066 Total coo $157,670 c $157,670 �. 1 _+ ' Taxable of ee$152,066 sehool:$177,637 Taxable other$157,670 aehool:$183,258 / F :f ,e:J!, • Note:Property ownership changes can cause the Assessed value of the .r 1 t, , - , {'4- -.M ' - property to reset to full Market value,which could result in higher property taxes. ! ,i. „w ",Sales History Sale Date Sale Price Book/Page Deed V/I Qualification(Codes) RCode 5/17/2019 $240,000 825/069 WD I Q 01 6/7/2018 _ $100 811/1667 QC I U 11 1/30/2017 $75,000 786/1948 WD I Q 01 12/9/2003 $0 519/795 QC I U 03 10/1/1994 $92,400 360/1132 WD I U 03 9/1/1991 $4,000 326/1089 WD I U 03 4/1/1983 $112,200 254/925 WD - I U 03 10/1/1982f 5108,000 251/849 WD I U 03 -- 7/1/1980I 5120,000 236/189 WD I Q Building Characteristics • Bldg Sketch Description* Year Bit Base SF Actual SF Bldg Value Sketch SF SNGLFAM(0100) 1955 3312 3769 $311,646 * determinations ere used by the Pro perty petty Appraisers office solely for the purpose of determining a property's J.lsl Value for ad valorem tax purposes and should not be used for any other purpose. Extra Features&Out Buildings (Codes) Code Description Year Blt Value Units Dims Condition(%Good) BFA W4 I BLK FLR MTL 2019 $3.643 I 180.00 I 18 x 10 I PD(75/) w Land Breakdown Code Description Units Adjustments Eff Rate Land Value 161 CI1 { CITY LT(MKT) • 106.070 FF (0.793 AC) 1.0000/1.1400 1.0000// $376/FF $39,904 Search Result: 1 of 2 O Okeechobee County Properly Appraiser I Mickey L Band,.CFA I Okeechobee.Florida 1 e63-763.4422 by:Geizz y.ogic.00m The information presented on this websile was derived from data which was complied by the Okeechobee County Prooerty Appraiser Of'uce solely for the governmental purpose of property assessment.This information should not be relied upon by anyone as a determination of the ownership of properly or market value-No wanantles,expressed or implied.are provided for the accuracy o1!ha data herern.it's use.or its Interpretation.This webuite was last updated,6'6/2024 and may not reflect the data currently on file at our office. Exhibit 10 ~ '• CITY OF OKEECHOBEE CODE ENFORCEMENT Ft iC� JUNE 11, 2024, SPECIAL MAGISTRATE HEARING DRAFT -OFFICIAL MINUTES I. 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) 911' 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. Draft—June 11, 2024, Special Magistrate Hearing, Page 1 of 4 Exhibit 10 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'"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'"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. Draft—June 11, 2024, Special Magistrate Hearing, Page 2 of 4 Exhibit 10 VII. REPEAT VIOLATORS A. Case No.240514003;Spirit CV Okeechobee FL LLC, CVS Health Corp c/o 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]. Draft—June 11, 2024, Special Magistrate Hearing, Page 3 of 4 Exhibit 10 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 Azcona, adjourned the Hearing at 7:04 P.M. Roger Azcona, Special Magistrate 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. Draft—June 11, 2024, Special Magistrate Hearing, Page 4 of 4 Exhibit 10 Official Records Fileff2024006495 Page(s)I Jerald D Bryant Prepared By/Return To: Clerk of the Circuit Court&Comptroller City of Okeechobee Okeechobee,FL Recorded 6/12/21324 2 53 PM Code Enforcement Department Fees RECORDING$10.00 50 Southeast 2^d Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE,FLORIDA CASE NO.240430016 CITY OF OKEECHOBEE,PETITIONER -vs- Blakes Transport LLC,RESPONDENT LIEN I ORDER THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public hearing on June 11,2024.After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Business Owner: Blakes Transport LLC,Andrew Doe Business Location: 1410 Southwest(SW)5th Avenue(AVE),Okeechobee,FL.34974 Legal Description: OAK GROVE ADDITION TO CITY OF OKEECHOBEE a portion of Block"D",according to the plat thereof recorded in Plat Book 2,Page 86,Okeechobee County public records,being more particularly described as follows:commence at the Northwest 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'^AVE,a distance of 100.00-feet(ft)for the point of beginning;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 Southeast, 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 point of beginning Parcel: 3-21-37-35-0100-000D0-001A(34925) CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation ;hapter 50,Section 50-36 Issuance of local business tax Non-renewal of their local Business Tax Receipt by September 30,2023 :hapter 50,Section 50-43 Penalties for violation of local Engaging in business without first having procured an active local Business Tax usiness tax regulations Receipt from the City of Okeechobee ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations,concerning your business located at 1410 SW 5th Ave,Okeechobee,Florida. The Magistrate hereby imposes a fine of$125.00 per day,including a one-time administrative fee of$50.00. The imposed fine will continue to accrue daily until the City verifies that the violations are corrected.Further, this Order as a Claim of Lien,shall be recorded in the Office of the Clerk of Circuit Court,Okeechobee County,Florida, and once recorded, becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162. You have the right to appeal this finding within thirty days,and order by Writ of Certiorari to the Circuit Court,Okeechobee County,Florida.If you correct the violation,it is your obligation to contact the Code Enforcement cer to verify such compliance. ORDERED this 11th day of June 2024. City eectiobee C t nforce c' I Magistrate oger Azcona,Esquire,Special Magistrate- ATTEST: O 1.(. .F ; (�WI Christina Curl,Code Enforcement Officer r' Notary Public Slab of Florida OF FLORIDA Jeanne L.Karoo COUNTY OF OKEECHOBEE 3,.., :"," E plres 2f11 012024Hit Mato ,�(� . The foregoing instrument was acknowledged before me this day of ,20,2`l,by Roger Azcona and Christina Curl by means of, physical presence or fi online notarization,who produced as identification or t.;1-' is personally known to me and who did take an oath. /'A Signature of Notary: ( 4004ti, 6T/. - Exhibit 10 U.S.Postal Service' CERTIFIED MAIL°RECEIPT .0 Domestic Mail Only p- For dollve information,visit our website at www.usps.com'. m Certified Mefl Foe 4. Cth/fIra rvlr;s SFees der sat..aaMaq.p,ap„yyru ❑ { ❑Acorn N..ipt Iwnmrm, im ❑Ad.s.0.—Fw a.e / p.aw swP..e nMncom ur,.,.yal Postage - `2� $ ('.J Osent To� , _ /ly',4./ L --'- M1 finest and'-- .:.wff0"t'67,�° !. ��.s,.� PS Form 3800,April 2015 FSN 7532,2 005 9C.7 ',et,Reverse for Instructions Exhibit 10 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY IN Complete Items 1,2,and 3. A. Signature • Print your name and address on the reverse X _ • El Agent so that we can return the card to you. ❑Addressee •Attach this card to the back of the malipiece, C.Date of Delivery or on the front if space permits. 1 n t deliver,/address different from item 1? 0 Yes felivery address below: El No BlaksTransport LLC 1410 SW 5th Ave. Okeec e, FL 34974 • II I IIIIII IIII I'I I II I'I I IIIIII II III I II'I I'I)I I ❑Adult Signature Restricted Delivery ❑R0 eisttered Mall Restricted Cl Adult Signature y Mall Exposes® ❑Registered Mail•' ArCartilied 9590 9402 8118 2349 5920 95 ,a Certified MalllRestricted Delivery C Delivery e Confirmation. ❑Collect on Delivery 0 Signature Confirmation 2.Article Number(Transfer from service label) 0 Collect on Delivery Restriclad Delivery Restrsted Delivery Nall 7022 2410 0002 7643 9984 Nail Restricted Delivery ) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Exhibit 10 Official Records File#20240064995 Pages)1 Jerald D Bryant Prepared By/Return To: Clerk of the Circuit Court&Comptroller City of Okeechobee Okeechobee,FL Recorded 6/122024 2:53 PM Code Enforcement Department Fees RECORDING$10 00 50 Southeast 20°Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE,FLORIDA CASE NO.240430016 CITY OF OKEECHOBEE,PETITIONER Jeraldl Records File#2024006643 Page 5rl erald D Bryant -VS- Clerk of the Circuit Court&Comptroller Blakes Transport LLC,RESPONDENT OkeectxNw.FL Recorded 6/17/2024 2 10 PM Fees--RECORDING$0.00 LIEN 1 ORDER THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public hearing on June 11,2024.After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Business Owner: Blakes Transport LLC,Andrew Doe Business Location: 1410 Southwest(SW)5th Avenue(AVE),Okeechobee,FL.34974 Legal Description: OAK GROVE ADDITION TO CITY OF OKEECHOBEE a portion of Block"0",according to the plat thereof recorded in Plat Book 2.Page 86,Okeechobee County public records,being more particularly described as follows:commence at the Northwest corner of said Block"D",bear South(S)00°15'09" West(VV)along the East(E)Right of Way(ROW)line of SW 7"AVE,a distance of 100.00-feet(ft)for the point of beginning;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 Southeast, 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 point of beginning Parcel: 3-21-37-35-0100-00000-001A(34925) CONCLUSIONS OF LAW:The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation Chapter 50,Section 50-36 Issuance of local business tax Non-renewal of their local Business Tax Receipt by September 30,2023 Chapter 50,Section 50-43 Penalties for violation of local Engaging in business without first having procured an active local Business Ta> business tax regulations Receipt from the City of Okeechobee ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of Ordinances Chapter 50, Sections 50-36 Issuance of local business tax, 50-43 Penalties for violation of local business tax regulations,concerning your business located at 1410 SW 5th Ave,Okeechobee,Florida. The Magistrate hereby imposes a fine of$125.00 per day,Including a one-time administrative fee of$50.00. The imposed fine will continue to accrue daily until the City verifies that the violations are corrected.Further, this Order as a Claim of Lien,shall be recorded in the Office of the Clerk of Circuit Court,Okeechobee County,Florida, and once recorded,becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162.You have the right to appeal this finding within thirty days,and order by Writ of Certiorari to the Circuit Court,Okeechobee County,Florida.If you correct the violation,it is your obligation to contact the Code Enforcement cer to verify such compliance. ORDERED this 11th day of June 2024. City eec C nfor )al' istrate Roger Azcona,Esquire,Special•Maglstrate-- ATTEST: Christina Curl,Code Enforcement Officer twist *. s$' Notary Pub5c Slate or Ftorlda STATE OF FLORIDA ` JeaCnne h bt Kovac o7oaio COUNTY OF OKEECHOBEE ora Fvplres 12/102024 The foregoing instrument was acknowledged before me this 14 day of - )L+I^..i' ,20=,by Roger Azcona and Christina Curl by means of(t1 physical presence or 0 online notarization,who produced / as identification or is personally known to me and who did take an oath. Signature of Notary: t 4/1 y f.. er/�- I , DOE. ANDREW CITY OF OKEECHOBEE — - E�E �+ 10 (413)519-5327 BUSINESS TAX RECEIPT No 2715 55 SE 3rd Avenue. Okeechobee, FL 34974 Date 6/24/24 October 1, 2023 - September 30, 2024 89.25 Address 1410 SW 5TH AVENUE 272.31 OKEECHOBEE, FL 34974 pKEE Activity 403 HEAVY EQUIPMENT TRANSPORT of cy0 '4'''"'',_ Total Paid 361.56 __/II,'? m Oct 1 pay 0.00 Issued to BLAKES TRANSPORT LLC ' z. ://, Nov 1 pay 0.00 DOE, ANDREW _ Dec 1 pay 0.00 1410 SW 5TH AVENUE �4OR, Janzie - 71:Z) OKEECHOBEE, FL 34974 — /,ram ✓ B Finance Director Exhibit 10 ei Receipt Number: R00006334 Okeechobee 55 SE 3rd Avenue Cashier Name: Patricia Hampshire fWtlCw.iAim Okeechobee, FL 34974 Terminal Number: 2 Receipt Date:6/24/2024 3:51:37 PM Trans Code: BTR-Business Tax Receipts Name: Blakes Transport $361.56 Product: PROFFESSIONAL&OCCUPATIONAL LIC Units: 0.00 Amount: '361.56 Slakes Transport 361.56 PROFFESSIONAL&OCCUPATIONAL LIC 361.56 001-316.0000.000 -361.56 Total Balance Due: $361.56 Payment Method: Check Payor:Blakes Transport Reference: 504 Amount: $361.56 Total Payment Received: $361.56 Change: $0.00 • • 6/24/2024 3:52:09 PM Page 1 of 1 Exhibit 10 City of Okeechobee Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974 (863)763-9795 June 25, 2024 Blakes Transport LLC 1410 SW 5th Ave. Okeechobee, FL 34974 Re: 1410 SW 5th Ave, Okeechobee, FL. 34974 Case#240430016 Dear Mr. Roberts: On behalf of the City of Okeechobee, we extend our appreciation and sincerest Thank-You, for your efforts to bring the above-mentioned property into compliance with City Ordinances by paying pass due amount, bring your Business Tax Receipt current. The city has a responsibility to ensure that the ordinances enacted for the protection of life and property and for the general appearance of the city are followed by property owners in accordance with the desires of the residents of the community. Your continuing efforts, in maintaining your property are important to the City of Okeechobee, your neighbors and fellow citizens. The above-mentioned property has a Code Enforcement Lien with a fine balance of $1,550.00 including the $50.00 administrative fee. Please contact our office immediately to make arrangements to pay this fine. Failure to pay this fine will result in the lien on real and personal property to remain pursuant to Florida Statutes Chapter 162 and could result in a foreclosure action being filed against the above-mentioned property. If we can be of any assistance, please do not hesitate to contact us and we can discuss the matter. Again, Thank You for your cooperation, understanding and efforts in assisting with the beautification of the city. Sincerely, 3'h Anthony Smith City of Okeechobee Code Enforcement Officer 863-763-9795 asmith@cityofokeechobee.com Exhibit 10 City of Okeechobee Code Enforcement Accrual of Fine 2024 Case No: 240430016 L I I Name: Blakes Transport LLC Address: 1410 SW 5th St. Okeechobee,FL 34794 Special Magistrate Ruling: The case was presented to the Special Magistrate and found to be in violation of Chapter 50 Sections 50-36 Issuance of local business tax,50-43 Penalties for violation of business tax regulations and imposed a fine of$125.00 per day plus a one-time$50.00 administration fee should the business owner fail to pay past due amounts to bring his BTR current. Fine Amount Number Week 1 Number Week 2 Number Week 3 Number Week 4 Number Week 5 Number Week 6 of days Total of Days Total of Days Total of Days Total of Days Total of days Total $125.00 January $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 February $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 March $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 April $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 May $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 June 0 $0.00 0 $0.00 4 $500.00 7 $875.00 1 $125.00 $0.00 July $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 August _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 September $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 December $0.00 $0.00 $0.00 I $0.00 I $0.00 I $0.00 Fine Total $1,500.00 Administrative Fee $50.00 Total Amount Due $1,650.00 Total Days 12 Date of Compliance June 24,2024