2024-09-10 Official Minutes 14 8
a-OFOK4 � CITY OF OKEECHOBEE CODE ENFORCEMENT
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LLSEPTEMBER 10, 2024, SPECIAL MAGISTRATE HEARING
', $ OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, September 10, 2024, at 6:00 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 or withdrawn; there were none.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
August 13, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, Mr.
Jeffrey Newell, City of Okeechobee Building Official, Ms. Kerri Othmer,
property owner for Case No. 240215002; 1109 Northwest (NW) 9th AVE,
and Mr. David Terrazas, property owner for Case No. 240822008; 1012 SE
8th AVE; all affirmed. Code Officers Smith and Curl stated for the record all
events regarding the cases to be discussed occurred within the municipal
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. 240215002; Kerri Michael Othmer and Tammy Lynn Hogaboam,
1109 NW 9th AVE, Okeechobee [Legal Description: Lots 1, 2, and 3 of Block
24, CITY OF OKEECHOBEE, Plat Book (PB) 1 , Page (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, Chapter 54, Section 54-81 Use as a residence,
Chapter 70, Section 70-251 Permit required. The respondent is not a repeat
violator. A Courtesy Card was mailed via United States Postal Service
(USPS) regular mail on January 15, 2024. The Building Official mailed a
letter of Erroneous Issuance via USPS certified return receipt on April 2,
2024. The notice was received on April 6, 2024. The case was presented
to the Special Magistrate on April 9, 2024, and deferred to a future hearing.
The property was inspected and found to be non-compliant on July 11 ,
2024. A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed
via USPS certified return receipt on July 18, 2024. The notice was received
by an agent on July 22, 2024. The City Staff has not received the notice,
nor the signature receipt card back as of the date of this hearing. The
property was inspected and found to be non-compliant on August 21 , 2024.
A SOV/NOH was mailed via USPS certified return receipt on August 22,
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 August 26, 2024.
The property was inspected and found to be non-compliant on September
5, 2024.
September 10, 2024, Special Magistrate Hearing, Page 1 of 4
149
V. CONTINUED CASES CONTINUED
A. Case No. 240215002; CONTINUED: To comply with City Ordinances, the
property owner needs to remove the shed and the RV from the property.
Ms. Othmer appeared before the Special Magistrate and conveyed her
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 City's fine
schedule a fine of $100.00 per day to begin on September 11 , 2024, until
the property is brought into compliance, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240215002 to be in violation of Code of Ordinances Chapter 54,
Section 54-81 Use as a residence, Chapter 70, Section 70-251 Permit
required and imposed a fine of$100.00 per day plus a one-time $50.00
administrative fee should the property fail to come into compliance by
September 21, 2024.
VI. DELINQUENT BUSINESS TAX RECEIPTS
A. Case No. 240812002; SBG Subs LLC, DBA Subway, 422 Northeast (NE)
Park ST, Okeechobee [Legal Description: CITY OF OKEECHOBEE beginning at the
intersection of the South (S)right-of-way(ROW)line of North (N) Park ST(State Road (SR)70)and
the West(W) ROW line of Micanopee ST; thence run S along the W ROW line of Micanopee ST a
distance of 220-feet(ft)to a point; thence run W on a line parallel to the S ROW line of N Park ST a
distance of 300-ft to a point on the East (E) ROW line of Hiwassee ST: thence run N along the E
ROW line of Hiwassee ST a distance of 220-ft to the intersection with the S ROW line of N Park ST;
thence run E along the S ROW line of N Park ST a distance of 300-ft to the point of beginning. Said
property being all of Block R and a portion of the former but now abandoned S Park ST of the Plat of
Okeechobee. recorded in PB 5, PG 5, Okeechobee County public records].
Code Officer Smith testified that the property 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 repeat violator. A Delinquency Letter was
mailed via USPS certified return receipt on April 2, 2024. The notice was
received by Cassy Andrews on April 5, 2024. The respondent was found to
be non-compliant on July 10, 2024. A Courtesy Card was mailed via USPS
regular mail on July 10, 2024. The notice was returned on July 18, 2024. A
Courtesy Card was hand delivered to Christy Cox on July 22, 2024. The
respondent was found to be non-compliant on August 12, 2024. A
SOV/NOH was hand delivered to Christy Cox on August 12, 2024. The
respondent was found to be non-compliant on September 3, 2024. To
comply with City Ordinances, the business owner needs to fix the
inefficiencies noted by the Building Inspector Jeff Newell and renew their
BTR. The City Staff recommends in accordance with the fine schedule a
fine of $125.00 per day, to begin on September 11 , 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. 240812002 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 $50.00 administrative fee should the
property fail to come into compliance by September 11, 2024.
VII. NEW CASES
A. Case No. 240822004; Myra Smith Flynn, 512 SE 10th AVE, Okeechobee
[Legal Description: Lots 9, 10, 11, 12 and adjoining vacated alley between
Lots 9-12 of Block 5, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, PB
1 PG 13, public records of Okeechobee County, Florida].
September 10, 2024, Special Magistrate Hearing, Page 2 of 4
150
VII. NEW CASES CONTINUED
A. Case No. 240822004; CONTINUED: Code Officer Smith testified that the
property was in violation of Code of Ordinances Chapter 30, Sections 30-
40 Junk, 30-41 Disabled vehicles, 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 July 23, 2024. The
property was inspected and found to be non-compliant on August 5, 2024.
A SOV/NOH was mailed via USPS certified return receipt on August 21,
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 August 26, 2024.
The property was inspected and found to be non-compliant on September
3, 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
debris and junk 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 September 11 , 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. 240822004 to be in violation of Code of Ordinances Chapter 30,
Sections 30-40 Junk, 30-41 Disabled vehicles, 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 September 11, 2024.
B. Case No. 240822008; Davide Terrazas, 1012 SE 10th AVE, Okeechobee
[Legal Description: Lots 1 and 4 of Block 6, WRIGHT'S FIRST ADDITION
TO OKEECHOBEE, PB 1 , PG 13, Okeechobee County public records].
Code Officer Smith testified that the property was in violation of Code of
Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 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 July 15, 2024. The property was inspected and found to be
non-compliant on August 21, 2024. A SOV/NOH was mailed via USPS
certified return receipt on August 21 , 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 August 26, 2024. The property was inspected and
found to be non-compliant on September 3, 2024. To comply with City
Ordinances, the property owner needs to remove all the debris, junk and all
the unregistered/inoperable vehicles from the property. Mr. Terrazas
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 Staff recommends in accordance with the City's fine schedule a fine of
$50.00 per day, to begin on September 11 , 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. 240822008 to be in violation of Code of Ordinances Chapter 30,
Sections 30-40 Junk, 30-41 Disabled vehicles, 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 September 25, 2024.
September 10, 2024, Special Magistrate Hearing. Page 3 of 4
151
VIII. COMPLIED CASES
A. Case No. 240521008; Michael Alan and Meredith Lanae Glassburn, 114
NW 9th ST, Okeechobee [Legal Description: Lots 21 and 22 of Block 37,
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, the property was found to be in
compliance on August 14, 2024, no Lien/Order recorded, no fine accrued.
B. Case No. 240626003; Okeechobee Hospitality LLC, 1200 Highway 70 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 S, Range
(RGE) 35 E, said lands being more particularly described as follows: commencing for reference at
the intersection of the centerline of SR No. 70 (as shown on FDOT ROW map for SR 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-ft to a point on the Southerly ROW line of said SR 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"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 N 89°54'49" E, a distance of 100.00-ft to a point
on the Westerly ROW line of SE 13th 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, Okeechobee County public records]. No
action on this matter was requested but is noted for the record that the
Lien/Order was recorded on August 14, 2024, the respond- came into
compliance on August 27, 2024, with a lien balance of • 0.00 plus a
$50.00 administrative fee.
IX. ADJOURN MEETING
There being no further business, Special Magistrat- Azc• • adjour =�/` f'"
Hearing at 7:06 P.M. ��
oger Azcona, Special Magf§tra e
ATTEST:
011V�1t c (?/ cL
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.
I
September 10, 2024, Special Magistrate Hearing, Page 4 of 4