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2024-09-10 Hand Written Minutes '�``A!oF/o'y`y� CITY OF OKEECHOBEE CODE ENFORCEMENT ter 93_1 SEPTEMBER 10, 2024, SPECIAL MAGISTRATE HEARING �LL _ r� THIRDAVENUE, OKEECHOBEE, FLORIDA 34974 55 SOUTHEAST L - 0 HANDWRITTEN MINUTES — CHRISTINA CURL Mission Statement: The mission of the City of Okeechobee is to provide accommodating services that enhance the quality of life for our citizens and businesses in a fiscally sound manner. Vision Statement: The City of Okeechobee will maintain a vibrant and prosperous community built on our heritage, history, unique character, and small-town atmosphere. CALL TO ORDER A. Special Magistrate 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 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate Azcona. II. ATTENDANCE Present Absent Special Magistrate Roger Azcona, Esquire _x City Attorney Greg Hyden _x Police Administrative Lieutenant Bettye Taylor Code Enforcement Officer Anthony Smith x Code Enforcement Officer Christina Curl x III. AGENDA A. Requests for the addition, deferral, or withdrawal of agenda items. 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. Jeff Newell, Ms. Kerri Othmer, and Mr. David Terrazas. V. CONTINUED CASES A. Case No. 240215002; Kerri Michael Othmer and Tammy Lynn Hogaboam, 1109 Northwest 9th Avenue, 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 (Exhibit 1). AS- the property is in violation of Chapter 54, Section 54-81 Use as a residence, Chapter 70, Section 70-251 Permit required for a recreational vehicle being used as a residence, a shed placed on the property and being lived in as well. The permit (#23-07-276) was left open due to no final inspection, so the permit expired on January 8, 2024. Also, in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having overgrown grass, and weeds in need of being cut. The respondent is not a repeat violator. The respondent was first notified on January 15, 2024, via Courtesy Card. On April 2, 2024, the building official Jeff Newell mailed the property owner a letter via USPS certified return receipt notifying them that permit issued for the utility structure is now void per Section 70-303 Erroneous Issuance and if the error is not voluntarily corrected, the matter shall be referred to Code Enforcement. Code Officer Smith inspected the property; still non-compliant, the unpermitted shed remains on Page 1 of 14 V. CONTINUED CASES CONTINUED A. Case No. 240215002; CONTINUED: the property, however, the travel trailer has been removed from the property. Photos in file. On April 9, 2024, The case was presented to the Special Magistrate, the matter was deferred to the next Special Magistrate Hearing. On July 11 , 2024, Code Officers Smith/Curl inspected the property still non-compliant, the unpermitted shed remains on the property, however the travel trailer remains on the property but shows no evidence that someone is living in it. Photos in file. On July 18, 2024, SOV/NOH, mailed via USPS certified return receipt for the August 13th Hearing. Per USPS tracking the notice was delivered to an agent and left with an individual at the address at 4:11 pm on July 22, 2024, in Palm Beach Gardens, FL. 33410. Tracking details placed in file. The City Staff has not received the notice nor the signature receipt card back as of the date of this hearing. On August 21, 2024, Code Officers Smith/Curl inspected the property still non- compliant, the unpermitted shed remains on the property, the travel trailer remains on the property but shows no evidence that someone is living in it. Photo in file. After speaking with Theresa Forde, the Administrative Assistant with the City Building Department, no permit has been issued for the shed. On August 22, 2024, SOV/NOH, copy of ordinance, and photos mailed via USPS certified return receipt for the September 10, 2024, Hearing. Per USPS tracking they attempted to deliver the notice at 1 :35 pm on August 26, 2024, in Palm Beach Gardens, FL. 33410 and a notice was left because an authorized recipient was not available, and if the item is unclaimed by September 10, 2024, then it will be returned to sender. The City Staff was unable to schedule for redelivery and has not received the notice nor the signature receipt card back as of the date of this hearing. On August 26, 2024, I Code Officer Smith posted the property and the public notices board at City Hall with the Notice to Appear. Photos in file. On September 5, 2024, Code Officer Smith inspected the property; still non-compliant, unpermitted shed remains on the property. Overgrown vegetation needs to be cut. Photo in file. I also verified with Theresa Forde Administrative Secretary at the Permit Desk no permit had been issued. To bring the property into compliance the owner needs to remove the shed and the RV RA- was that the city's recommendation Mr. Smith AS- yes sir RA- okay, I am going to ask the City Attorney Mr. Hyden is there anything you would like to add sir GH- just very briefly, Code Officer Smith the city is recommending a fine be imposed correct AS- yes, that is correct. 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 administration fee GH- and that is consistent with the city's code of ordinances regarding fees correct AS- that is correct GH- nothing further n RA- okay, thank you Mr. Hyden. Is there anybody here for this case CC- yes, we have two people here. Kerri Othmer and Mr. Newell RA- okay, Mr. Newell could you come to the podium. Okay we have heard from Mr. Smith what is your side that you would like for me to consider JN- this is kind of an unfortunate situation, an application was submitted, and a permit was issued it fell through the cracks in the front office and with me. In the city you cannot put anything on it without a principal structure and that is what lead to our code section 70-303 which reads, a permit issued on the basis of incorrect information on the application or in error, shall be voided. The applicant shall be notified in writing that the permit is void and that did take place, and this letter was issued April 2, 2024. Page 2 of 14 V. CONTINUED CASES CONTINUED A. Case No. 240215002; CONTINUED: It is an unfortunate situation: it is a difficult situation for the property owner and the city. We understand that a law has to be followed a permit does not proceed an ordinance or regulations. I would be willing to work with the owner, but the owner still has to come into compliance RA- right JN- so that is pretty much what happened, this permit fell through the crack and created the problem that we are dealing with RA- are you saying you are willing to give the property owner more time to work on the situation or was there already enough time given JN- whatever this court decides that is what I would work with. If there is some wiggle room, I would be willing to work with them on but there has to be a deadline of some sort stating that if things aren't done by a certain time, then we are finished. But I must leave that up to the court RA- okay, thank you Mr. Newell. I am going to ask the City Attorney, Mr. Hyden do you have any questions for this witness GH- just very briefly, Mr. Newell is a permit required or not for the structure on their property JN- yes, it is GH- and they are not compliant with that correct JN- that is correct GH- and they have been given notice that they have to have a proper permit for that structure is that correct JN- that is correct, this letter that was sent out voided the permit GH- so they are aware that they need to have a proper permit for that structure though JN- see this is what complicates the issue, in order for them to have the utility structure on the property they must have a principal structure. They would have to have a residential home on the property. That is the first requirement, and that is what fell through the cracks when it went through the system at the building department GH- my question is a little bit simpler, has the city made the property owner aware of what needs to occur as permitting wise JN- to answer your question, yes GH- okay, and approximately when did the city do that JN- the permit application came in on what appears to be February 1, 2024. Well, I can't verify it, but I do believe that there were some conversations in the building department, as I was not there or aware of any of those conversations that this information was given. But on my part, I didn't hear it but that was basically what I was told GH- in addition to the building department though, the code enforcement department has also been trying to notify the property owner as well correct JN- yes, they have been very active in that GH- okay, I have nothing further RA- okay, thank you Mr. Hyden. Mr. Newell, I have a few questions. When you say it fell through the cracks you meant it wasn't followed up and forgotten JN- in the eleven years I have been here this is the first time that this has happened. What happens it gets processed through the front desk and they look at it and if they notice something they flag something. Then it came to me, and I missed it myself RA- okay, thank you Mr. Newell. Okay, I am going to ask our witness, Ms. Kerri Othmer, thank you for being here because I like to hear your side of the court because we are deciding on your property, and the city is requesting a fine be imposed for a violation, and based on what I have heard so far it seems that you are in violation of the code. Page 3 of 14 V. CONTINUED CASES CONTINUED A. Case No. 240215002; CONTINUED: So, I will hear from you now to let me know why you feel like you were unable to come into compliance with this code KO- when I brought this property CC- your honor I am sorry can we have her come to the mic RA- oh yes, please come to the mic this is a recorded hearing KO- okay, I am sorry, I am scared RA- okay, no need to be scared, just tell us your side of the story KO- I have been trying to follow the rules. I've been trying to go by the book. I got a permit for the fence and the shed. I have been in a dialog with the ladies at the front desk like he said, and she said I didn't need a structure to have a shed on the property, she said it was a county ordinance not a city ordinance, because I also have property in the county as well. With this dialog with the ladies, I was assuming I was doing the right thing and following your rules and the reason I don't have structure yet is that I am trying to build a house, but the contractor Archie is not ready, yet he is still finishing another build. So, thought I could do the shed first and have that permit, and the ladies were saying that I could do one permit at a time. So, after the shed I would start the build of the house. I would have never put the shed on the property if I would have known because it is going to be very difficult to get it out of there now RA- anything else you would like me to consider KO- well, I am not living on the property. I am not living in the camper; I am not living in the shed, it is way too hot, there is no power, there is no water. I live in Palm Beach Gardens; I have rent receipts to prove it. I am also collaborating, please forgive me I was better prepared yesterday, I came yesterday. I am partnering with the University of Florida natural landscape programs for native plants and vegetables. I am trying to do what is right. I am not trying to be vindictive or hurt anyone RA- Ms. Othmer, what is it going to take to come into compliance with this code KO- well I don't understand what is wrong RA- okay, have you had a thorough discussion with Code Enforcement Mr. Smith because if you are in violation of the code KO- I have tried to communicate on the phone, but it didn't work RA- okay, but you have to communicate with Code Enforcement because they are the ones who are going to tell you what you need to do to come into compliance KO- okay, that is what I was trying to do and then the permit got taken away from me. I thought I was doing the right thing RA- okay, when was the last time you spoke with anyone, Mr. Smith or Mrs. Curl KO- I spoke with Mr. Smith on the phone a while back, but I can't tell you when RA- okay, and I appreciate you being here, and it looks like you have a desire to work things out KO- of course I do, I love this town, I want to make this place my home. I want to bring my grandchildren out here RA- okay, my understanding that the permit is expired, Mr. Newell JN- the permit is voided RA- oh okay the permit is voided, so that means that she would have to reply for another permit JN- yes RA- okay, so Ms. Othmer, it sounds like the code enforcement is saying that you have to remove it unless you get another permit because it was voided. Are you able to apply and get another permit KO- of course, do I pay again RA- okay, so how will we resolve this problem Page 4 of 14 V. CONTINUED CASES CONTINUED A. Case No. 240215002; CONTINUED: JN- well the first thing she needs to get the principal structure started KO- this is so confusing JN- you have to have a principal structure KO- okay so I need to build the house first, okay so I need to get rid of the shed, build the house first, then put the shed back JN- yes, that is correct, you have to have the principle structure there KO- so now you have taken the permit away from me now and this is going to create all these problems for me now and financial hardship JN- it has created problems for us as well. That is what I am saying that whatever the court decides, whatever I can do to help you I most certainly will. But your first step is that principal structure KO- yeah, but it is going to take me years JN- okay, well let me put it this way, if you have a permit for a principal structure and it is in progress and continuing in the process of completion, we can talk about that KO- okay JN- it's that principal structure KO- okay that is why they said I could get one at a time because houses take longer than six months and your permits are only good for six months JN- about six months depending on how complicated the project is KO- my contractor might take a lot longer than that JN- I know some contractors that are very quick KO- I don't know if you know Archie JN- they are local contractors, and they build quite well KO- okay, I don't want to cause any problems JN- okay, that is my recommendation get that principal structure started then that will make this a lot easier to deal with RA- okay thank you very much for your input and experience in this one Mr. Newell. Ms. Othmer are you going to be able to get the principal structure started soon KO- yes RA- okay how much time do you think to just get something started KO- I think I am going shop around for a different contractor that can start sooner because Archie said he is finishing another project first JN- you are more than welcome to come meet with me, I am here Monday through Thursday KO- okay what is your name sir JN- Jeff Newell the City's Building Official KO- okay, I apologize this is just so scary RA- okay, you do not need to be scared Ms. Othmer. What you need to do is work with code enforcement and the building department to make sure you are in compliance. Nobody is going to cause a problem; nobody wants to cause a problem, and the city doesn't want to have a problem either. Okay before I go forward Mr. Hyden is there anything you would like to ask of this witness sir GH- I have no questions for the witness it is just argument to conclude RA- alright based on what you have heard from the witnesses and the city what would you like to argue or say on behalf of the city GH- the city's position is we must treat every resident and owner of property the same. The evidence is uncontroverted that she is in violation a lien is not put into place for a period amount of time that is part of the Special Magistrates orders she would have time to apply for a new permit it would bring this into compliance and if she does it quickly enough, but this matter has been deferred several times and there has been substantial Page 5 of 14 V. CONTINUED CASES CONTINUED A. Case No. 240215002; CONTINUED: amount of time to come into compliance and she has been told additional things that she can do today to try to get this into compliance, but the city would oppose any further deferral of the magistrate entering an order RA- okay, on behalf of the city are you asking that a fine be imposed and when would the fine accumulate, are you going with the city's recommendation AS- we have it set for September 11th but that is up to you Mr. Magistrate if you would like to make it September 21st that is up to you RA- okay so give her another 15 days AS- if you want to but I think the easier route for her to take would be just to remove the stuff from the property at this point in time, and then she would have all the time she needs to come up with a contractor and the stuff like that to build a primary structure. We are talking about a shed and a fifth wheel RA- okay AS- the fifth wheel she could just hook up to the truck that she brought the fifth wheel in with already and make arrangements for the shed to be removed then she could go from there. You said it is Tammy's camper. Isn't she a property owner too so it is her responsibility too. You guys need to come together. I am willing to give you additional time like a couple of weeks to try to make it happen KO- I just don't know what to do about the shed, it is a rent to own so if I give it back to them then I have lost all the money I have already paid. I don't have nowhere to put it. What should I do with all my lawn equipment I need to mow the grass. What do I do for that AS- ma'am I am not the property owner KO- I need to mow the grass, so I don't get in trouble for it being high. I need the lawn equipment out there AS- I don't know ma'am put it in a storage unit, you can rent a storage unit, that is not for me to say, you have to figure out these things when you become a property owner. I am sorry I am not trying to be mean or nasty neither but when we spoke the first time you shouldn't put that stuff out there without KO- I did have a permit I didn't know they were going to take it away RA- okay, Ms. Othmer this case has been deferred so many times and the city has tried to give you time to correct the matter, but we are here today, so I am going to go ahead and make a ruling on the matter and give you until the 21st to avoid any fines in the case. But you have to communicate with the city in an attempt to work something out to come into compliance okay KO- okay RA- I am going to make a ruling in the case of the City of Okeechobee vs. Kerri Micheal and Tammy Lynn Hogaboam, Case #240215002. Is there anyone else here in this case that wants to testify, is he with you KO- no RA- okay I have considered the evidence in this case and the testimony of all parties involved including the City Building Official Mr. Newell the certified code enforcement officer and the property owner Ms. Othmer that there is an allegation of violation pertaining to Chapter 54, Section 54-81 Use as a residence, and Chapter 70, Section 70-251 Permit required and the violation is that there is a recreational vehicle being used as a residence and a shed placed on the property being lived in as well and the permit was left open due to no final inspection and the permit has expired. Mr. Smith you are also asking for overgrown grass and weeds being left uncut or is it basically just the violation for the permit AS- just need to maintain the grass and keep it cut Page 6 of 14 V. CONTINUED CASES CONTINUED A. Case No. 240215002; CONTINUED: RA- I did not hear a testimony to the overgrown grass and weeds, and I do not see an exhibit with overgrown grass and weeds are you still pursuing the violation AS- no RA- okay, in this matter I will only find the property owner in violation of the permit that is required in this matter. The respondent ispresent and has beengiven an opportunity to q p pp Y respond to the violations. She is here and this matter has been deferred several times. I will make a ruling that the respondent is in violation and will be required to come into compliance on or before the 21st of September and I will follow the city's recommendation of a fine of $100.00 per day to begin on September 21, 2024, instead of the 11th until the property is brought into compliance, plus a $50.00 administrative fee. Now Ms. Othmer please try to communicate with code enforcement and Mr. Newell is certainly open to helping you come into compliance. Okay, have a good day. Next one Mr. Smith. VI. DELINQUENT BUSINESS TAX RECEIPTS A. Case No. 240812002; SBG Subs LLC, DBA Subway, 422 Northeast Park Street, 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 (Exhibit 2). AS- violation of 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 respondent is not a repeat violator. The respondent was first notified on July 10, 2024, via Courtesy Card. On July 10, 2024, Complaint: Jeff Newell, business operating without a BTR. The business has been unable to pass building inspections to receive the BTR for the business. On July 18, 2024, Courtesy Card was returned due to insufficient address. On July 22, 2024, a Courtesy Card was hand delivered to the above-mentioned address and received by Christy Cox. Receipt in file. Spoke with the Store Manager and explain what was needed to be done to come into compliance. On August 12, 2024, SOV/NOH for the September 10th hearing was hand delivered and received by Christy Cox. Receipt and photo of ID in file. On September 3, 2024, Code Officer Curl verified with Trish, the City's BTR Specialist that the business owner has not paid her delinquent BTR, therefore the business is non-compliant. To comply with City ordinances the business owner needs to fix the inefficiency note by the Building Inspector Jeff Newell and pay past-due amounts to bring the BTR up to date. The City recommends in accordance with the City's fine schedule a fine of $125.00 per day to begin on September 11, 2024, until the property is brought into compliance, plus a $50.00 administration fee RA- I am going to ask the City Attorney is there is anything you would like to add Mr. Hyden GH- no sir thank-you RA- okay I heard your name Mr. Newell and apparently you are the reason behind why they are not in compliance JN- first let me say whoever the current manager is they have really cleaned it up it looks great. There are two people who do the BTR inspections, me and the County Fire Department Jessica. We did everything we could to work with her, I mean we are only supposed to do so many inspections then they are supposed to get charged for the additional inspections and then we finally got to that one where we had to inform her that we had to turn it over to code enforcement. These are not major items; they are code issues but not major and I don't know if she was contacting the franchise owner or Page 7 of 14 VI. DELINQUENT BUSINESS TAX RECEIPTS A. Case No. 240812002; CONTINUED: corporate and according to her statements, she was getting nowhere with them and no cooperation from them as far as getting a contractor in to repair these minor things that are holding the BTR back. I just wanted to kind of give you that background we tried our best and then it came to a point where it came to a code enforcement matter and that is why it is before you tonight RA- and you are referring to the list from the Okeechobee County Fire Rescue there is notes here that there are violations pertaining to the fire extinguishers, electrical panel and breakers JN- some of those things got done but when we would come back for reinspection's some of the things were not done and we were going back and forth until we got to that point that we couldn't do this anymore and we had to turn it over to code enforcement. This has been going on for over a year RA- okaythankyou Mr. Newell I am goingto ask the cityattorneyif he has anyquestions on behalf of the witness GH- no sir, I think the record speaks for itself the city has bent over backwards trying to get them to come into compliance and they have not come into compliance, and we are asking your honor to enforce the city's code of ordinances and impose a fine RA- anyone else here on behalf of Subway. No one okay, I will make a finding based on the testimony of the witnesses here today, Mr. Newell and the certified Code Enforcement Officer Mr. Smith I will make a ruling that the respondent was properly notified. I will make a finding that in the case of the City of Okeechobee vs. SBG Subs, LLC, DBA Subway, Case #240812002 that the respondent is in violation of 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 BTR by September 30, 2023, and engaging in business without first having procured an active local BTR from the City of Okeechobee. There is plenty of factual basis the respondent has been notified and several attempts have been made to assist them in coming into compliance they have been informed of the nature of the violation and given a sufficient time to respond and have not and no reasonable efforts has been made to come into compliance. I will follow the city's recommendation in this case that in accordance with the city's fine schedule the respondent will be fined $125.00 per day to begin September 11,2024, until the property is brought into compliance, plus a $50.00 administrative fee. Anything else you would like to add on this one Mr. Smith AS- no sir RA- okay, next case VII. NEW CASES A. Case No. 240822004; Myra Smith Flynn, 512 Southeast 10th Avenue, 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 (Exhibit 3). AS- violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having an unregistered/inoperable vehicle with grass growing up around the vehicle and overgrown grass, weeds, shrubs/bushes, and trees. Junk, trash, and/or debris all over the front of the property. The respondent is not a repeat violator. The respondent was first notified on July 23, 2024, via Courtesy Card. On August 1, 2024, Code Officer Curl received a call from the property owner Myra Flynn, who stated that the property has been cleaned up and the vehicle removed. She was advised that we would complete an inspection of the property to verify compliance and if the property is found to be in compliance she would receive a compliance letter or if the property was found to not be in compliance she would Page 8 of 14 VII. NEW CASES A. Case No. 240822004; CONTINUED: receive a notice for the next hearing. On August 5, 2024, Code Officer Smith/Curl inspected the property, still non-compliant: overgrown vegetation remains. Junk, trash/debris remains all over the property. The disabled vehicle has been removed from the Photos in file. On August 21, 2024, Code Officer Smith/Curl inspected the property. 9p property, still non-compliant: overgrown vegetation remains. Junk, trash/debris remains all over the property. Photos in file. SOV/NOH, copy of ordinance, and photos mailed via USPS certified return receipt for the September 10, 2024, Hearing. Per USPS tracking they attempted to deliver the notice at 2:34 pm on August 26, 2024, in San Diego, CA. 92105 and a notice was left because an authorized recipient was not available. If this item is unclaimed by September 10, 2024, then it will be returned to sender. Tracking details placed in file. The City Staff has not received the notice, nor the signature receipt card back by the date of this hearing. The City Staff scheduled redelivery for August 31, 2024. On August 26, 2024, Code Officer Smith posted the property and the public notices board at City Hall with the Notice to Appear. Photos in file. On September 3, 2024, Code Officer Smith inspected the property, still non-compliant: overgrown vegetation remains. Junk, trash/debris remains all over the property. Photos in file. To comply with city ordinances the property owner needs to cut all the overgrown vegetation and remove all the debris and junk from the property. The City recommends in accordance with the City's fine schedule a fine of $50.00 per day to begin on September 11, 2024, until the property is brought into compliance, plus a $50.00 administration fee RA- I am going to ask the city attorney is there anything you would like to add on behalf of the city GH- no nothing further RA- okay, Mr. Smith pertaining to your contact with the respondent in this case. So, Code Enforcement has only spoken with Myra Flynn one time, and she was implying that the property was cleaned up. Is that correct Mrs. Curl CC- yes that is correct AS- yes, as far as verbal contact RA- other than that you have not heard from her AS- no we have not RA- the photos exhibits in this case Mr. Smith you took these photos AS- yes sir RA- and together with the date they represent the conditions of the property on the date they were taken AS- yes sir RA- I will make a finding in the case of the City of Okeechobee vs. Myra Smith Flynn, Case #240822004, the respondent was cited or violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having unregistered/inoperable vehicle with grass growing up around the vehicle, overgrown grass, weeds, shrubs/bushes, and trees, and junk, trash, debris all over the front of the property. In this case the respondent did receive a Courtesy Card and make a call, so they were aware of the violation. They must be aware that they are not in compliance. So, even though it may appear that the notice has not been received I will make a finding that the due process has been satisfied and the respondent has been notified with the posting of the property the owner is responsible to know what is going on with their property. From examining the exhibits and hearing the testimony of the certified Code Enforcement Officer Mr. Smith, I will make a finding that there is plenty of factual basis for the allegations in this case. By looking at the photos there is plenty of factual basis for the overgrown grass, weeds, debris and trash on the property in this case. I can see what appears to be debris and trash near the fences. There is certainly overgrown Page 9 of 14 VII. NEW CASES A. Case No. 240822004; CONTINUED: grass and weeds covering the fences and trash all over the property. The allegation of the unregistered vehicle. AS- they complied with that it was removed RA- okay, I wanted to make sure that was part of the violations, but regardless I will make a finding the respondent in violation of the overgrown grass, weeds, and vegetation, and trash and debris all over the property. I will follow the city's recommendation in this case and consistent with the city's fine schedule of a fine of $50.00 per day to begin on September 11 , 2024, until the property is brought into compliance, plus a $50.00 administrative fee. Anything else on this one Mr. Smith AS- no sir RA- okay, next case B. Case No. 240822008; David Terrazas, 1012 Southeast 5th Street, 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 (Exhibit 4). AS- violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having several unregistered/inoperable vehicles with grass growing up around the vehicles, and overgrown grass, and weeds. Junk, trash, and/or debris all over the front of the property. The respondent is not a repeat violator. The respondent was first notified on July 15, 2024, via Courtesy Card. On August 21, 2024, I, Code Officer Smith and Code Officer Curl inspected the property, still non-compliant: junk, trash/debris remains all over the property; stacks of tires, engine parts, and random items all over the property. Several disabled/unregistered vehicles on the property. Photos in file. A SOV/NOH, copy of ordinances, and photos mailed via USPS certified return receipt for the September 10, 2024, Hearing. Per USPS tracking details, they attempted to deliver the notice at 2:54 pm on August 24, 2024, in Okeechobee, FL. 34974 and a notice was left because an authorized recipient was not available. Tracking details placed in the file. The City Staff was not able to schedule redelivery and has not received the notice, nor the signature receipt card back as of the date of this hearing. On August 26, 2024, I Code Officer Smith posted the property and the public notices board at City Hall with the Notice to Appear. Photos in file. On September 3, 2024, I, Code Officer Smith inspected the property; still non-compliant: junk, trash/debris remains all over the property; stacks of tires, engine parts, and random items all over the property. Several disabled/unregistered vehicles on the property. Overgrown vegetation has been cut. Photos in file. To comply with the city ordinances the property owner needs to clean up all the junk/debris and remove all the unregistered/inoperable vehicles from the property. The City recommends in accordance with the City's fine schedule a fine of $50.00 per day to begin on September 11 , 2024, until the property is brought into compliance, plus a $50.00 administration fee. RA- I am going to ask the City Attorney anything you would like to add Mr. Hyden GH- no sir thank-you RA- Mr. Smith you took the photos for the exhibits that are attached with this file AS- that is correct RA- and they represent the conditions of the property at the time they were taken AS- they do RA- I will make a finding in the case of the City of Okeechobee AS- your honor there is a witness here RA- oh okay, Mr. Terrazas you are here, come on up DT- yes sir, David Terrazas RA- I am glad you are here. What would you like for me to consider Page 10 of 14 VII. NEW CASES B. Case No. 240822008; CONTINUED: DT- the family that is there are friends they are from the west coast; the past hurricane brought them here and I told them that they could stay here because at the time I had a lot of family issues going on in West Palm, so I have been in West Palm, and I asked them to just forward the mail to me that is of importance. Obviously, that has not happened, when I received a picture of the red notice on Friday, I called them immediately and told them to start cleaning up because there is going to be fines, and I obviously have a meeting that I have to go to now that I don't want to go to because I have somewhere else to be. Needless to say, if you drive by which I'm sure you will the process has started. As far as the disabled vehicles I seen that there was four or five in the pictures. I believe there is only two there now. The process has started, I ask for two weeks because they were supposed to of been gone months ago. I don't know what the issue is on the West coast, but he works on that side of the state. RA- so you are asking for 15 days to take care of this. Okay, I am going to ask the City Code Enforcement Officer Mr. Smith do you have any objections to giving him 15 days before any accumulation of any fines AS- no I do not have any objections RA- I am going to ask the City Attorney, Mr. Hyden do you have any questions for this witness sir GH- no sir I do not RA- okay Mr. Terrazas you agree that the city was there and cited your property for the violations DT- yes sir I don't disagree. I drove by and after seeing the pictures, but the process has started RA- okay, so you think two weeks should be sufficient DT- it needs to be, yes. RA- okay I am going to hold off on the issuance of the fines for two weeks so instead of tomorrow September 11th it will be in two weeks, so two weeks from tomorrow would be what Mr. Smith AS- from tomorrow it would be the 25th RA- okay, so the 25th, are you comfortable with that Mr. Terrazas DT- yes RA- thank you for being here Mr. Terrazas DT- no thank you RA- okay, I will make a finding in the case of the City of Okeechobee vs. David Terrazas Case #240822008 the respondent was cited for violation of Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and beautification for having several unregistered/inoperable vehicles with grass growing up around the vehicles and overgrown grass, weeds, junk, trash, and or debris all over the property. After hearing the testimony and the exhibits presented by the certified Code Enforcement Officer and considering the statement from the property owner today. I will make a ruling that the respondent is in violation of what is being cited. There is sufficient factual basis in this matter not only from the exhibits in this case. I do see five to six unregistered vehicles as they do not have any tags on them and there is grass growing around them so it is fair to say that these vehicles have been inoperable for a while, and I do see what is storage or some trash that has been kept around the property, it looks like a trailer, parts of vehicles, some tires, and four wheelers, there is plenty of debris all over the place and I can see overgrown grass and weeds so there is sufficient factual basis for the allegations. The respondent has been properly served, he is present here and he gave us his testimony and he admitted that there are violations. But he is asking for two weeks to come into compliance, and I have no problem and without the city's Page 11 of 14 VII. NEW CASES B. Case No. 240822008; CONTINUED: objections to extend the time for the fine to begin for two weeks from today. So, in accordance with the City's fine schedule a fine of $50.00 per day not to begin until September 25, 2024, or until the property comes into compliance, plus a $50.00 administrative fee. So, Mr. Terrazas the fine of$50.00 per day and the administrative fee will not commence until September 25, 2024, if you are not in compliance. But any time you come into compliance before the 25th, don't wait until the 25th, you have to call them to let them know. Thank you, Mr. Terrazas, and best of luck to you DT- okay, I will call them as soon as it is in compliance RA- okay, have a good day. Okay, next one Mr. Smith VIII. COMPLIED CASES A. Case No. 240521008; Michael Alan and Meredith Lanae Glassburn, 114 Northwest 9th Street, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30- 44 General cleaning and beautification (Exhibit 5). AS- On August 13, 2024, The case was presented to the Special Magistrate, found in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and a fine of $50.00 per day, plus a one-time $50.00 administrative fee should be imposed should the property fail to come into compliance by August 14, 2024. On August 14, 2024, Code Officer Smith inspected the property; in-compliance, the overgrown grass, weeds and shrubs was cut. Photos in file. Case Closed. On August 15, 2024, Compliance letter mailed out via USPS regular mail. The City recommends no action on this matter, but request it be noted for the record to have been in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification from May 2, 2024, until August 14, 2024, no lien/order recorded, no fine accrued RA- anything you would like to add Mr. Hyden GH- no sir RA- in this case of the City of Okeechobee vs. Michael Alan Glassburn and Meredith Lanae Glassburn, Case #240521008 I will make a finding in this case that the respondent was cited for violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for overgrown grass, weeds, trees, shrubs/bushes and the respondents were notified on May 2nd regarding the violations. Even though they did come into compliance I will make a finding based on the exhibits presented and the testimony of the certified Code Enforcement Officer Mr. Smith there was sufficient factual basis for the allegations in this matter. I am looking at the exhibits there is plenty of overgrown vegetation around the fence and it looks like it hasn't been taken care of in a while and there are plenty of overgrown shrubs and tree debris all over the place. I will make a finding at the request of the city that the respondent was in violation until they came into compliance on August 14, 2024, no lien/order recorded, no fine accrued, so it will be noted for the record. Anything else Mr. Smith AS- no sir RA- okay, next case B. Case No. 240626003; Okeechobee Hospitality LLC, 1200 Highway 70 East, Violation of Code of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification (Exhibit 6). AS-violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 Genera cleaning and beautification for having a boat trailer parked in the back, the plant islands full of dead plant debris and the mulch beds in need of being refreshed, and the vegetation surrounding the stormwater pond in need of being cut and maintained. On August 13, 2024, The case was presented to the Special Magistrate and found to be in violation of Page 12 of 14 VIII. COMPLIED CASES B. Case No. 240626003; CONTINUED: Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification and a fine of $50.00 per day, plus a one-time $50.00 administrative fee imposed should the property fail to come into compliance by August 14, 2024. On August 14, 2024, Code Officer Smith inspected the property; still non-compliant, have not addressed the issue of the overgrown vegetation around the stormwater pond. Photos in file. Lien/Order recorded at the Okeechobee County Clerk of Court, File #2024008958, Page(s):1. On August 15, 2024, Recorded Lien/Order mailed out via USPS certified return receipt. Received by Katrina Heard on August 21, 2024. On August 21, 2024, The property/hotel manager, Dewayne Rexroad, came into the office to inquire about the status of the case as he received a call from corporate stating that the property is receiving a daily fine. Code Officer Curl explained to Mr. Rexroad that the case went before the Special Magistrate on August 13, 2024, and based on the evidence presented to the magistrate he found the property to be in violation and imposed a fine of $50.00 per day, plus a $50.00 administrative fee to begin on August 14, 2024, if the property failed to come into compliance. He stated that they had completed everything and that they mowed what they could of the storm water pond due to the area being wet. I advised him that we did make a note that all items had been corrected but the mowing of the storm water pond. He insisted that everything had been taken care of. I then asked him if he would be available to meet us at the property for us to complete an inspection and speak with him about it. He stated yes. I advised him that I would give him a call and set up a time for this afternoon once Code Officer Smith returned to the office. Code Officer Curl called Mr. Rexroad and scheduled a time of 3:30 pm to meet with him at the property. Code Officer Curl and Code Officer Smith met with Mr. Rexroad and explained to him that the storm water area still needed to be mowed, and the property was non-compliant until the pondp p Y p area was mowed. He then became very angry and aggressive and started shouting that this is so fucked up and absolute bullshit. At this time Code Officer Smith and Code Officer Curl left from the property due to the hostility of the situation. On August 22, 2024, I, Code Officer Smith spoke with Gary Ritter (City Administrator) who advised me that he spoke with Mr. Rexroad yesterday and he used profanity towards him when Mr. Gary was trying to advise him. I was advised to make inquiries from now on through corporate on the situation. On August 27, 2024, Code Officer Smith inspected the property; in compliance, vegetation around the storm water pond has been cut back as far back as the weather has allowed. The ground is completely saturated not allowing any further cutting of the vegetation around the pond. NOTE: Mr. Rexroad has been advised that as soon as the ground around the pond dries that it will be expected that the vegetation around the pond to be cut and maintained. Fine of 13 days from August 14 in compliance August 27, 2024. Fine total of $650.00 plus $50.00 administration fee Grand total of $700.00. on August 28, 2024, Compliance Letter with new fine total mailed out via USPS certified return receipt and hand delivered to Mr. Rexroad. The City recommends no action on this matter, but requests it be noted for the record that the Lien/Order was recorded on August 14, 2024, the property came into compliance on August 27, 2024, with a lien balance of $700.00 including the $50.00 administration fee RA- I am going to ask the City Attorney anything you would like to add Mr. Hyden GH- no sir RA- okay, I did hear from what you said Mr. Rexroad got hostile with you and started using profanity to the point where you guys had to leave the property AS- yes sir, instead of getting into an argument with him we just decided to leave so that we didn't make the situation any worse than what it was Page 13 of 14 VIII. COMPLIED CASES B. Case No. 240626003; CONTINUED: RA- right, and that was certainly was uncalled for and if there was a fine for that I would be glad to impose it, but I don't think we have a fine for that. I do think there should be because I don't think you deserve that when you are only doing your job AS- thank you RA- Mrs. Curl you were there as well is there anything you would like to add CC- no sir, he pretty much documented what happened RA- okay, so I will make a finding in the case of the City of Okeechobee vs. Okeechobee Hospitality LLC, Case #240626003 that the respondents were cited for violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and beautification for having a boat trailer parked in the back, the plant islands full of deal plant debris and the mulch beds in need of being refreshed, and the vegetation around the stormwater pond in need of being cut. Based on the testimony and the exhibits presented by the certified Code Enforcement Officer Mr. Smith. I will make a note for the record that the lien/order was recorded on August 14, 2024, the property came into compliance on August 27, 2024, with a lien balance of $700.00 including the $50.00 administrative fee. I will also make a note that the respondent was inappropriate with Code Enforcement by enforcing the codes in Okeechobee as professionals by using profanity and making aggressive moves and behavior, and I disagree with that and there should be a code for that. I hope he does not come in violation in the future and come up and behave like that. Anything else on this one Mr. Smith AS- no sir RA- okay that concludes today's hearing IX. ADJOURN MEETING There being no further business to come before the Special Magistrate, the Hearing was adjourned at 7:06 P.M. BE ADVISED that should you intend to show any document, picture, video, or items (collectively, "materials") to the Special Magistrate in support or opposition to any item on the agenda, a copy of the materials must be provided to the Code Enforcement Secretary for the City's records. You will be required to sign a form certifying that all personal information has been redacted from the materials you wish to provide. ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the Code Enforcement Office in person or call 863-763-9795, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. Page 14 of 14