2024-09-10 VIII. B. Ex. 6 Exhibit 6
VIII. B. Exhibit #6
Case #240626003
Okeechobee Hospitality LLC
Exhibit 6
Code Enforcement Hearing September 10, 2024
Case Number, Name and Address:
Case#240626003, Okeechobee Hospitality LLC ,1200 Hwy 70 East, Okeechobee.
Code Section Violated Description of Violation
Chapter 30, Sections 30-43 Public nuisances, Boat trailer parked at the back, the plant island full of
30-44 General cleaning and beautification dead plant debris and the mulch beds in need of being
refreshed. The vegetation surrounding stormwater
pond needs cutting and being maintained.
Photos:
See attached
Is respondent a Repeat Violator?
No
Summary:
• The respondent was first notified on June 10, 2024, via Courtesy Card.
• The City communicated with the respondent on the below occasion(s).
Date of notice Type of notice Received Date
by received
/returned
August 13, 2024 The case was presented to the Special Magistrate and found to be 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 imposed should the property fail to come into
compliance by August 14, 2024.
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.
August 15, 2024 Recorded Lien/Order mailed out via USPS certified return receipt. Received
by Katrina Heard on August 21, 2024.
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. I, 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
Page 1 of 2
Exhibit 6
Date of notice Type of notice Received Date
by received
/returned
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 pond area still needed to be mowed,
and the property was non-compliant until the 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.
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.
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 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.
August 28, 2024 Compliance Letter with new fine total mailed out via USPS certified return
receipt and hand delivered to Mr. Rexroad.
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 August 14, 2024, the property came into compliance on August 27,
2024, with a lien balance of$700.00 plus a $50.00 administration fee.
Chronology attached
Page 2 of 2
Exhibit 6
Case #240626003, Okeechobee Hospitality LLC
Date Event/Document
June 6, 2024 Property owner: Okeechobee Hospitality LLC
Property address: 1200 Hwy 70 East, Okeechobee/ 1200 NE Park St.
Mailing address: PO Box 1766, Valdosta, GA 31603-1766
Parcel ID: 2-22-37-35-0A00-00004-0000 (32996)
Legal Description: Unplatted Lands of the City all that certain piece, parcel or tract of land situate,
lying and being a portion of Section (SEC) 22, Township (TWP) 37 South (S), Range (RGE) 35
East(E), said lands being more particularly described as follows: commencing for reference at the
intersection of the centerline of State Road (S.R.) No. 70 (as shown on FDOT right-of-way (ROW)
map for S.R. 70 Section 91070-2514) and the Northerly extension of the Easterly line of
Government Lot 2; thence, bearing S 00°14'21" E, a distance of 44.50-feet (ft) to a point on the
Southerly ROW line of said S.R. No. 70; thence, bearing S 89°54'49" E, along said Southerly line,
a distance of 125.00-ft to a point on the Easterly line of those lands described in Official Records
Book 634, Page 650 of the Public Records of Okeechobee County, Florida; thence, bearing S
00°14'21" West (W), along said Easterly line, a distance of 489.27-ft to the point and place of
beginning of the herein described parcel; thence, continue S 00°14'21" E along said Easterly line,
a distance of 201.26-ft to a point; thence, leaving said Easterly line, bearing North (N) 89°54'49"
E, a distance of 100.00-ft to a point on the Westerly ROW line of S.E. 13th Avenue;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.
Complaint: Gary Ritter and Chief Hagan advised me that the Hampton Inn Hotel is in
violation of having a boat trailer parked at the back, the plant island full of dead plant debris
and the mulch beds in need of being refreshed. The vegetation surrounding stormwater
pond needs cutting and being maintained.
Code Officer Smith observed the above-mentioned property to be in violation of the City
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification. Photos in file.
June 10, 2024 Courtesy Card, photos, and city ordinances mailed via USPS regular mail, giving the property
owner 14 days to correct the violation
June 25, 2024 Code Officer Smith inspected the property; still non-compliant, the plant islands in the rear of
the property still have not been addressed, vegetation around the storm water pond remains
overgrown. The boat trailer parked at the back of the property has been removed. Photos in file.
June 26, 2024 SOV/NOH, photos and a copy of the city ordinances mailed via USPS certified return receipt
for the August 13th Hearing. Received by Laura Horn on July 10, 2024.
Page 1 of 3
1
Exhibit 6
Case #240626003, Okeechobee Hospitality LLC
Date Event/Document
August 6. 2024 Code Officer Smith inspected the property; still non-compliant, have not addressed the issue of
the overgrown vegetation around the stormwater pond, however the plant islands have been
cleaned out and resowed. Photos in file.
August 13, 2024 The case was presented to the Special Magistrate and found to be 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 imposed should the property
fail to come into compliance by August 14, 2024.
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.
August 15, 2024 Recorded Lien/Order mailed out via USPS certified return receipt. Received by Katrina Heard
on August 21, 2024.
August 21, 2024 The property/hotel manager, Dewayne Rexroad, 863-697-1442 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. I, 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.
I Code Officer Curl called Mr. Rexroad and scheduled a time of 3:30 pm to meet with him at the
property.
I Code Officer Curl and Code Officer Smith met with Mr. Rexroad and explained to him that the
storm water pond area still needed to be mowed, and the property was non-compliant until the
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 I left from the property due to
the hostility of the situation.
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.
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 cut and maintained. Fine of 13 days from
Page 2 of 3
Exhibit 6
Case #240626003, Okeechobee Hospitality LLC
Date Event/Document
August 14 in compliance August 27, 2024. Fine total of $650.00 plus $50.00 administration
fee Grand total of $700.00.
August 28, 2024 Compliance Letter with new fine total mailed out via USPS certified return receipt and hand
delivered to Mr. Rexroad.
Page 3 of 3
, k Exhibit 6
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PARCEL:2-22-37-35-OA00-00004-0000(32996) I HOTELSINOTELS(3900)14.225AC NOTES,
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UNPLATTED LANDS OF THE CITY AU.THAT CERTAIN PIECE,PARCEL OR TRACT OF LAND SITUATE.LYING AND
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OKEECHOBEE HOSPITALITY LLC 2023 Certified Values
Owner PO BOX 1766 Mkt hid $421,740 Appraised S4,971,761
VALDOSTA,GA 31603-1768 A9 Led $0 Assessed 64,971.761
Site: 1200 HWY 70 E OKEECHOBEE Bldg 34,046,207 Exempt SO N . • •
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Exhibit 6
a
e `, CITY OF OKEECHOBEE CODE ENFORCEMENT
4•4air q 7 AUGUST 13, 2024, SPECIAL MAGISTRATE HEARING
`a- s;F �• '',,, OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, August 13, 2024, at 6:08 P.M. in the City Council
Chambers, located at 55 Southeast (SE) 3rd Avenue (AVE), Room 200,
Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate
Azcona.
II. ATTENDANCE
Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger
Azcona, Esquire,and Code Enforcement Officer Anthony Smith were present.City
Attorney Greg Hyden attended via Zoom.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be
added, deferred, or withdrawn;there were none.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
June 11, 2024, and the July 9, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to:Code Officers Smith and Curl, Mr.Dale
Williams,and Mr. Benjamin Falk;all affirmed.Code Officers Smith and Curl
stated for the record all events regarding the cases to be discussed
occurred within the corporate limits of the City of Okeechobee.The Officer's
notes,testimony, photographs, and support documents were all entered as
part of the official record.
V. CONTINUED CASES
A. Case No. 230817007; Tanglewood LTD do A & M Properties, Inc, 420
Northwest (NW) 9th Street (ST), Okeechobee [Legal Description: Lots 7 to
20 Inclusive and alley between said lots of Block 38, CITY OF
OKEECHOBEE,Plat Book(PB)5, Page(PG)5,Okeechobee County public
records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification and International Property Maintenance Code
(IPMC) Chapter 3, Section 304.1.1 Unsafe conditions. The respondent is
not a repeat violator.
The case was presented to the Special Magistrate on June 11, 2024, and
the Special Magistrate ruled to defer the ruling until the next Special
Magistrate Hearing on July 9, 2024,to allow the City Staff and Tanglewood
time to see if both parties could come to an agreement. The July 9, 2024,
Code Enforcement Special Magistrate Hearing was cancelled due to
unforeseen circumstances unrelated to the matters raised in the Code
Enforcement Agenda.A Notice of Hearing Cancellation and a Statement of
Violation/Notice of Hearing(SOV/NOH)was mailed via United States Postal
Service (USPS) certified return receipt on July 10, 2024. The notice was
received by Erin Wilson on July 13, 2024, and by Julian Williams and
Kaylynn G. on July 15, 2024. The City Attorney advised the Special
Magistrate that if Tanglewood provided an inspection from a licensed roofer
that reflected that the roofs on the four remaining buildings are not leaking
or do not currently need any further remediation for the health and safety of
the occupants by August 30, 2024, the city would be able to deem the
property in compliance.
August 13,2024, Special Magistrate Hearing, Page 1 of 5
Exhibit 6
V. CONTINUED CASES CONTINUED
A. Case No. 230817007; CONTINUED: This is contingent on the property
owner re-roofing the four remaining buildings with two in 2025 and the
remaining two in 2026. If the case is closed due to compliance,the property
owner can apply for a lien reduction. Upon the closure of the current code
enforcement case Tanglewood would have a licensed roofer/inspector
issue an inspection report on a quarterly basis or somewhere there in
abouts to the city to assure that the four remaining roofs remain safe for the
occupants, until the roofs are replaced. With two being done next year in
2025 and the final two the year after in 2026. Failure to comply with the
required inspections will result in non-compliance and the city will pursue a
new case. Mr. Falk agreed with the terms of the above-mentioned
agreement.
Based on the evidence provided, Special Magistrate Azcona ruled to
enter an order for Case No. 230817007; based on the agreement.
VI. NEW CASES
A. Case No. 240521008; Michael Alan and Meredith Lanae Glassburn, 114
NW 9ih ST, Okeechobee [Legal Description: Lots 21 and 22 of Block 37,
CITY OF OKEECHOBEE, PB 1, PG 10, Okeechobee County public
records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification. The respondent is not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on May 2, 2024. The
property was inspected and found to be non-compliant on May 22, 2024.A
SOV/NOH was mailed via USPS certified return receipt on May 22, 2024.
The notice was received by Mike Glassburn on May 28,2024.The property
was inspected and found to be non-compliant on June 4, 2024, June 18,
2024, and July 3, 2024. Due to unforeseen circumstances unrelated to the
matters raised in the Code Enforcement Agenda the July 9, 2024, City of
Okeechobee Code Enforcement Special Magistrate Hearing was cancelled.
A Notice of Hearing Cancellation and a SOV/NOH was mailed via USPS
certified return receipt on July 11, 2024. The City Staff has not received the
notice nor the signature receipt card back as of the date of this hearing. A
Notice to Appear was posted on the property and the Public Notices Board
at City Hall on July 23, 2024. The property was inspected and found to be
non-compliant on July 23, 2024, and August 6, 2024. To comply with City
Ordinances, the property owner needs to cut all weeds, grass, or
undergrowth to a height not to exceed 8-inches on the entire property and
trim landscaping to a neat appearance not to adversely affect the aesthetic
of the property or adjacent properties. The City Staff recommends in
accordance with the City's fine schedule a fine of$50.00 per day, to begin
on August 14, 2024, unless the property owner brings the property into
compliance on or before that date, plus a$50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240521008 to be in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification and imposed a fine of $50.00 per day plus a one-time
$50.00 administrative fee should the property fail to come into
compliance by August 14,2024.
B. Case No.240618005; Hazy Land and Construction LLC, 1109 NW 8th AVE,
Okeechobee [Legal Description: Lot 1 of Block 23, CITY OF
OKEECHOBEE, PB 1, PG 10, Okeechobee County public records].
August 13,2024, Special Magistrate Hearing, Page 2 of 5
Exhibit 6
VI. NEW CASES CONTINUED
B. Case No. 240618005; CONTINUED: Code Officer Smith testified that the
property was in violation of Code of Ordinances Chapter 30, Sections 30-
43 Public nuisances, 30-44 General cleaning and beautification. The
respondent is not a repeat violator.A Courtesy Card was mailed via USPS
regular mail on May 10, 2024.The property was inspected and found to be
non-compliant on June 18, 2024. A SOV/NOH was mailed via USPS
certified return receipt on June 18, 2024. The notice was returned on July
15, 2024. A Notice to Appear was posted on the property and the Public
Notices Board at City Hall on June 25, 2024. The property was inspected
and found to be non-compliant on July 3, 2024. Due to unforeseen
circumstances unrelated to the matters raised in the Code Enforcement
Agenda the July 9, 2024, City of Okeechobee Code Enforcement Special
Magistrate Hearing was cancelled. A Notice of Hearing Cancellation and a
SOV/NOH was mailed via USPS certified return receipt on July 11, 2024.
The notice was received by Cayden Danley on July 13, 2024.The property
was inspected and found to be non-compliant on August 6,2024.To comply
with City Ordinances, the property owner needs to cut all weeds, grass, or
undergrowth to a height not to exceed 8-inches on the entire property and
trim landscaping to a neat appearance not to adversely affect the aesthetic
of the property or adjacent properties and remove all trash and debris from
the property. The City Staff recommends in accordance with the City's fine
schedule a fine of$50.00 per day, to begin on August 14, 2024, unless the
property owner brings the property into compliance on or before that date,
plus a$50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240618005 to be in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification and imposed a fine of $50.00 per day plus a one-time
$50.00 administrative fee should the property fail to come into
compliance by August 14, 2024.
C. Case No.240626003;Okeechobee Hospitality LLC, 1200 Highway 70 East
(E), Okeechobee [Legal Description: Unplatted Lands of the City all that certain piece,parcel
or tract of land situate,lying and being a portion of Section(SEC)22,Township(TWP)37 South(S),Range
(RGE)35 E,said lands being more particularly described as follows:commencing for reference at the intersection
of the centerline of State Road(S.R.)No.70(as shown on FDOT right-of-way(ROW)map for S.R.70 Section
91070-2514)and the Northerly extension of the Easterly line of Government Lot 2;thence,bearing S 00°14'21"
E,a distance of 44.50-feet(ft)to a point on the Southerly ROW line of said S.R. No.70;thence,bearing S
89°54'49"E,along said Southerly line,a distance of 125.00-ft to a point on the Easterly line of those lands
described in Official Records Book 634,PG 650;thence,bearing S 00°14'21"West(W),along said Easterly line,
a distance of 489.27-ft to the point and place of beginning of the herein described parcel;thence,continue S
00°14'21"E along said Easterly line,a distance of 201.26-ft to a point;thence,leaving said Easterly line,bearing
North(N)89°54'49"E,a distance of 100.00-ft to a point on the Westerly ROW line of SE 13'h AVE;thence,bearing
S 00°14'21"E,along said Westerly line,a distance of 230.05-ft to a point on the Hopkins Meander line as shown
on FDOT ROW map SEC 91070-2514;thence,leaving said Westerly ROW line,bearing N 71°44'33"W,along
said meander line,a distance of 421.50-ft to a point;thence,leaving said meander line,bearing N 00°15'33"W,
a distance of 611.84-ft to a point;thence,bearing N 89°56'13"E,a distance of 185.59-ft to a point;thence,bearing
S 00°06'14"E,a distance of 313.06-ft to a point;thence,bearing N 89°56'13"E,a distance of 115.09-ft to the
point of beginning(POB),public records of Okeechobee County,Florida .
Code Officer Smith testified that the property was in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification. The respondent is not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on June 10, 2024. The
property was inspected and found to be non-compliant on June 25, 2024.A
SOV/NOH was mailed via USPS certified return receipt on June 26, 2024.
The notice was received by Laura Horn on July 10,2024. The property was
inspected and found to be non-compliant on August 6,2024.To comply with
City Ordinances, the property owner needs to cut all weeds, grass, or
undergrowth to a height not to exceed 8-inches on the entire property and
trim landscaping to a neat appearance not to adversely affect the aesthetic
of the property or adjacent properties. The City Staff recommends in
accordance with the City's fine schedule a fine of$50.00 per day, to begin
on August 14, 2024, unless the property owner brings the property into
compliance on or before that date, plus a$50.00 administrative fee.
August 13, 2024, Special Magistrate Hearing, Page 3 of 5
Exhibit 6
VI. NEW CASES CONTINUED
C. Case No. 240626003; CONTINUED: Based on the evidence provided,
Special Magistrate Azcona found Case No. 240626003 to be in
violation of Code of Ordinances Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification and imposed a
fine of$50.00 per day plus a one-time$50.00 administrative fee should
the property fail to come into compliance by August 14, 2024.
VII. DELINQUENT BUSINESS TAX RECEIPTS
A. Case No. 240709013; Amanda Connah, whose business address is 1160
SE 21 sf ST, Okeechobee. No action on this matter was requested but is
noted for the record to have been in violation of Chapter 50, Sections 50-36
Issuance of local business tax, 50-43 Penalties for violation of local
business tax regulations from September 30, 2023, until the respondent
came into compliance on August 13, 2024, no Lien/Order recorded, no fine
accrued.
VIII. REPEAT VIOLATORS
A. Case No.240618009;Tina M. Bray, 1115 NW 7th Court,Okeechobee[Legal
Description: Lots 9 and 10 of Block 15, NW ADDITION TO OKEECHOBEE,
PB 1, PG 25, Okeechobee County public records]. No action on this matter
was requested but is noted for the record to have been in violation of
Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General
cleaning and beautification,Chapter 54,Sections 54-81 Use as a residence,
54-84 Parking in residential district, the property was found to be in
compliance on August 6, 2024, no Lien/Order recorded, no fine accrued.
B. Case No. 240624001; Alan P. Miller, 400 SE 7th ST, Okeechobee [Legal
Description: Lot 12 and E half of SE 4th AVE lying W of Lot 12 and N half of
adjacent alley of Block K, CENTRAL PARK, AN ADDITION TO THE CITY
OF OKEECHOBEE, PB 2, PG 39, Okeechobee County public records]. No
action on this matter was requested but is noted for the record to have been
in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification, the property was found to be in compliance on
August 7, 2024, no Lien/Order recorded, no fine accrued.
C. Case No. 240709009; Harry A. and Betty A. Schock, 1805 NW 7th AVE,
Okeechobee [Legal Description: Lot 4 and N half of Lot 5 of Block 53,
CONNERS HIGHLANDS, PB 1, PG 21, Okeechobee County public
records].
Code Officer Smith testified that the property was in violation of Code of
Ordinances Chapter 30, Sections 30-40 Junk, 30-43 Public nuisances, 30-
44 General cleaning and beautification.The respondent is a repeat violator,
previous Case No. 221118023, and 230720007. A SOV/NOH was mailed
via USPS certified return receipt on July 9, 2024. The notice was received
on July 11, 2024. The property was inspected and found to be non-
compliant on August 6, 2024. To comply with City Ordinances,the property
owner needs to cut all weeds, grass, or undergrowth to a height not to
exceed 8-inches on the entire property and trim landscaping to a neat
appearance not to adversely affect the aesthetic of the property or adjacent
properties and remove all the junk, debris, and trash from the property. The
City Staff recommends in accordance with the City's fine schedule a fine of
$150.00 per day, to begin on August 14, 2024, unless the property owner
brings the property into compliance on or before that date, plus a $100.00
administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240709009 to be in violation of Code of Ordinances Chapter 30,
Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning
and beautification and imposed a fine of$150.00 per day plus a one-
time $100.00 administrative fee should the property fail to come into
compliance by August 14, 2024.
August 13, 2024, Special Magistrate Hearing, Page 4 of 5
Exhibit 6
IX. COMPLIED CASES
A. Case No. 240530007; Huda Elhindi, 918 SW 2nd ST, Okeechobee [Legal
Description: Lot 17 and E half of Lot 16 of Block 200, CITY OF
OKEECHOBEE, PB 1, PG 10, Okeechobee County public records].No
action on this matter was requested but is noted for the record to have been
in violation of Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification, Florida Building Code Chapter 3, Section 306
Sanitation, the property was found to be in compliance on June 18, 2024,
no Lien/Order recorded, no fine accrued.
B. Case No. 240430016; Blakes Transport LLC, 1410 SW 5th AVE,
Okeechobee[Legal Description: OAK GROVE ADDITION TO CITY OF OKEECHOBEE a portion
of Block"D",according to the plat thereof recorded in PB 2,PG 86,being more particularly described as follows:
commence at the NW corner of said Block"D",bear S 00°15'09"W along the E ROW line of SW 7"AVE,a
distance of 100.00-ft for the POB;thence continue S 00°15'09"W along said E ROW line a distance of 106.07-ft;
thence bear N 89°59'00"E to the intersection with the arc of a curve concave to the SE,in the Westerly ROW
line of SW 5"AVE,a distance of 297.74-ft,said curve having a radius of 816.33-ft,and a delta angle of 05°13'28";
thence Northeasterly along the arc of said curve,a distance of 74.44-ft to the point of tangency of said curve;
thence bear N 30°22'49"E along said Westerly ROW line a distance of 46.66-ft;thence bear S 89°59'00"W a
distance of 355.57-ft to the POB,Okeechobee County public records].No action on this matter was
requested but is noted for the record that the Lien/Order was recorded on
June 13, 2024, the respondent came into compliance on June 24, 2024,
with a lien balance of$1,500.00 plus a$50.00 administrative fee.
C. Case No. 240521006; Bruce and Pamela Snell, 700 NW 9th ST,
Okeechobee[Legal Description:Unplatted lands of the City abandoned railroad of FEC beginning
at the SW corner of Lot 6 of Block 40,TOWN OF OKEECHOBEE,according to the Plat thereof recorded in PB
2,PG 1,public records of St.Lucie County,Florida,and run N 150-ft;thence W 150-ft to the E line of Tucaloosa
ST;thence S along the E line of Tucaloosa ST to inter-section with the N line of 15'ST;thence E along the N
line of 15"ST to the POB,Okeechobee County public records]. No action on this matter was
requested but is noted for the record to have been in violation of Chapter
30, Section 30-41 Disabled vehicles, the property was found to be in
compliance on July 3,2024, no Lien/Order recorded, no fine accrued.
D. Case No.240314003; Donald A. Hayes,Jr.and Crystal L. Staton, 1002 NW
61h ST,Okeechobee[Legal Description: Lot 17 and W half of Lot 18 of Block
17, NW ADDITION TO OKEECHOBEE, PB 1, PG 25, Okeechobee County
public records]. No action on this matter was requested but is noted for the
record that the Lien/Order was recorded on April 11,2024,the property was
found to be in compliance on May 10,2024,with a lien balance of$1,350.00
plus a$50.00 administrative fee.
E. Case No. 240215003; Donna Marsh Walpole, 501 SE 6th ST, Okeechobee
[Legal Description: Lots 20 and 21 of Block E, CENTRAL PARK, AN
ADDITION TO THE CITY OF OKEECHOBEE, PB 2, PG 39, Okeechobee
County public records]. No action on this matter was requested but is noted
for the record to have been in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, IPMC Chapter 3,
Section 304.1 General,the property was found to be in compliance on July
11, 2024, no Lien/Order recorded, no fine accrued.
X. ADJOURN MEETING
There being no further business, Special Magistrate Azcona, adjourned the
Hearing at 7:44 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.
August 13, 2024, Special Magistrate Hearing, Page 5 of 5
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Exhibit 6
Prepared By/Return To
City of Okeechobee
Code Enforcement Department •
50 Southeast 2'A Avenue
Okeechobee,Florida 34974
CODE ENFORCEMENT SPECIAL MAGISTRATE
FOR THE CITY OF OKEECHOBEE,FLORIDA
CASE NO.240626003
CITY OF OKEECHOBEE,PETITIONER Official Records File#2024008958 Pagets)1
-VS- Jerald D Bryant
Okeechobee Hospitality LLC,RESPONDENT Clerk of the Circuit Court 8 Comptroller
Okeechobee.FL Recorded 97142024 22S PM
Fees RECORDING 510.00
LIEN/ORDER
THIS CAUSE came before the Special Magistrate,City of Okeechobee,for public hearing on August 13,2024.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
Property Owner: Okeechobee Hospitality LLC
Property Location: 1200 Highway 70 East,Okeechobee,FL.34974
Legal Description: Unplatted Lands of the City all that certain piece,parcel or tract of land situate.lying and being a portion of Section
(SEC)22,Township(TWP)37 South(S),Range(RGE)35 East(E) said lands being more particularly described as
follows:commencing for reference al the intersection of the centerline of Stale Road(S R.)No.70(as shown on
FOOT right-of-way(ROW)map for S.R 70 Section 91070-2514)and the Northerly extension of the Easterly line of
Government Lot 2;thence.bearing S 00°14'21"E,a distance of 44 50-feel(ft)to a point on the Southerly ROW line
of said S.R No.70;thence,beanng 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,Page 650 of the Public Records of Okeechobee
County,Florida,thence,bearing S 00'14'21"West(W),along said Easterly line.a distance of 489 27-ft to the point
and place of beginning of the herein descnbed parcel,thence.continue S 00'14'21"E along said Easterly line,a
distance of 201 26-ft to a point.thence,leaving said Easterly line.bearing North(N)89°54'49"E.a distance of 100 00-
ft to a point on the Westerly ROW line of S E.13'^Avenue,thence,bearing S 00'14'21"E,along said Westerly line,
a distance of 230 05-h to a point on the Hopkins Meander line as shown on FOOT ROW map SEC 9t070-2514.
thence,leaving said Westerly ROW line.bearing N 71°44'33"W.along said meander line,a distance of 421.5041 to
a point,thence,leaving said meander line,bearing N 00'15'33"W.a distance of 811.84-It to a point,thence,bearing
N 89'56'13"E,a distance of 185 59-II to a point,thence,bearing S 00`06'14"E.a distance of 313.06-ft to a point,
thence,beanng N 89'56'13"E,a distance of 115.09-ft to the point of beginning,public records of Okeechobee County,Florida
Parcel: 2-22-37-35-0A00-00004-0000(32996)
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 30,Sections 30-43 Public nuisances,30-44 A boat trailer parked in the back,the plant islands full of dead plant
General cleaning and beautification debris,the vegetation surrounding the stormwater pond needs cutting
and to be maintained
ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City Code of
Ordinances Chapter 30,Sections 30-43 Public nuisances,30-44 General cleaning and beautification,concerning your property
located at 1200 Hwy 70 East,Okeechobee,Florida.
The Magistrate hereby Imposes a fine of$50.00 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 co ct the violation,it is your
obligation to contact the Code Enforcement Officer to verify such compliance.
ORDERED this 13th day of August 2024.
City of Okeechobee
,ode Enforcement Special Magistrate
Roger Azcona,Esquire,Special Magistrate
ATTEST:
I1 .1rii�-
Christina Curl,Code Enforcement Officer Nwwvr� icstyle a
fzarrla l Kcvac
STATE OF FLORIDA ► Fictiia
"Yc`"`1M�erMHo7cmte
Expims/2110/2024
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this __day of � '+� - 20 by Roger Azcona and Christina
Curt by means of physical presence or-online notarization,who produced . as identification or,
is personally known'to me and who did take an oath
Signature of Notary: :F/ClWea( '; , /‘.< ;'•
•
Exhibit 6
U.S. Postal Service"
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delivery address below: ❑No
Okeechobee Hospitality LLC
PO Box-
Valdas- - 31603-1766
Priority I,tee Expo:wel
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Exhibit 6
City of Okeechobee Code Enforcement
Accrual of Fine 2024
Case No: 240626003 I I I
Name: Okeechobee Hospitality LLC
Address: 1200 Hwy 70 East/1200 NE Park St.
Okeechobee,FL.34974
• Special Magistrate Ruling: The case was presented to the Special Magistrate on August 13,2024,found in violation of Code of Ordinances Chapter
30,Sections 30-43 Public nuisances,30-44 General cleaning and beautification.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. Fine accrual
began on August 14,2024.
-
Fine Amount Number'I1 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
$50.00
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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
July $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
August $0.00 $0.00 4 $200.00 7 $350.00 2 $100.00 0 $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 $0.00 $0.00 $0.00
Fine Total $650.00
Administrative
Fee $50.00
Total Amount
Due $700.00
•
Total Days 13
Date of
Compliance August 27,2024
r----
Exhibit 6
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' .~��"`` �y City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
August 28, 2024
Okeechobee Hospitality LLC
PO Box 1766
Valdosta, GA 31603-1766
Re: 100 Hwy 70 East, Okeechobee, FL
Case #240626003
Dear Okeechobee Hospitality LLC:
On behalf of the Cityof Okeechobee, we extend our appreciation and sincerest "Thank-You", for
pp ou , o
your efforts to bring the above-mentioned property into compliance with City Ordinances with the
cleaning and the laying new sod in the plant islands, and the removal of the boat trailer from your
property. The cutting of the overgrown vegetation around the stormwater pond is acceptable at
the current time. However, when the waters recede, please ensure that any overgrown vegetation
and/or detritus is properly cut and/or removed promptly. 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$700.00
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,
4/tole?. 3'frfrui_121
Anthony Smith
City of Okeechobee
Code Enforcement Officer
863-763-9795
asmith@cityofokeechobee.com
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Exhibit 6
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Exhibit 6
,'- .. City of Okeechobee Code Enforcement
50 SE 2nd Ave.
Okeechobee, Florida 34974
(863)763-9795
RECEIPT
(If Served by Hand Delivery)
I have received a copy of the Compliance Letter.
1 it / / //
Name of Business/Property Owner
Property owner/lusiness Manager Signaturerritle
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