2024-11-12 Official Minutes 153
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yoF OK`FS` CITY OF OKEECHOBEE CODE ENFORCEMENT
�W =a NOVEMBER 12, 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, November 12, 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added, deferred, or withdrawn; there were none.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
September 10, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, Mr.
Benjamin Falk, property owner for Case No. 230817007; 420 Northwest
(NW) 9th Street (ST); 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 was found in violation of the
Code of Ordinances Chapter 54, Section 54-81 Use as a residence,
Chapter 70, Section 70-251 Permit required on September 10, 2024, where
a fine in the amount of $100.00 per day starting 10-days after the date of
the hearing, plus a one-time $50.00 administrative fee was imposed. The
property was inspected and found to be non-compliant on September 30,
2024, and the imposed fine began to accrue. A Lien/Order was recorded at
the Okeechobee County Clerk of Court, File No. 2024010818, Page(s): 1
on October 1 , 2024. The recorded Lien/Order was mailed via United States
Postal Service (USPS) certified return receipt on October 3, 2024. The order
was received by Tammy Hogaboam on October 15, 2024. To comply with
City Ordinances, the property owner needs to remove the shed and the RV
from the property. The City requests that it be noted for the record that the
Lien/Order was recorded on October 1 , 2024, at the Okeechobee County
Clerk of Court, File No. 2024010818, Page(s); 1 , and the imposed fine of
$100.00 per day will accrue daily, plus a one-time $50.00 administrative fee
until the property is brought into compliance.
November 12, 2024, Special Magistrate Hearing, Page 1 of 6
154
V. CONTINUED CASES CONTINUED
A. Case No. 240215002; CONTINUED: Based on the evidence provided,
Special Magistrate Azcona found Case No. 240215002 to still be in
violation of Code of Ordinances Chapter 54, Section 54-81 Use as a
residence, Chapter 70, Section 70-251 Permit required and noted for
the record that the Lien/Order was recorded on October 1, 2024, File
No. 2024010818, Page(s): 1, and the imposed fine of $100.00 per day
will continue to accrue daily until the property is found to be in
compliance, plus a one-time $50.00 administrative fee.
B. Case No. 240822008; David Terrazas, 1012 SE 5th ST, Okeechobee [Legal
Description: Lots 1 and 4 of Block 6, WRIGHT'S FIRST ADDITION TO
OKEECHOBEE, recorded in PB 1 , PG 13, Okeechobee County public
records]. No action on this matter was requested but it is noted for the record
to have been in violation of the Code of Ordinances Chapter 30, Sections
30-40 Junk, 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44
General cleaning and beautification, the property was found to be in
compliance on September 30, 2024, no Lien/Order recorded, no fine
accrued.
VI. FINE REDUCTION REQUESTS
A. Case No. 230817007; Tanglewood LTD do A & M Properties, Inc., 420 NW
9th ST, Okeechobee [Legal Description: Lots 7 to 20 Inclusive and alley in
between said lots of Block 38, CITY OF OKEECHOBEE, PB 5 PG 5,
Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of the
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 on October 10,
2023, where a fine of $100.00 per day starting 45-days after the date of the
hearing, plus a one-time $50.00 administrative fee was imposed. The
property was inspected and found to be non-compliant on October 12, 2023.
The imposed fine began accrual on November 25, 2023. A letter was
received from Mr. Falk, he requested a pause in the daily fine accrual and
additional time to replace the roofs on February 13, 2024. A SOV/NOH was
mailed via USPS certified return receipt on February 15, 2024. The notice
was received on February 22, 2024. The case was presented to the Special
Magistrate on April 9, 2024, he ruled for the Lien/Order to be recorded with
a lien balance of $13,750.00, and for the City Staff to make a follow-up
recommendation on the roof repair timeline. The Lien/Order was recorded
at the Okeechobee County Clerk of Court, File No. 2024003924, Page(s):
1 , on April 10, 2024, with an accrued lien balance of $13,750.00, plus a
$50.00 administrative fee. The recorded Lien/Order was mailed via USPS
certified return receipt on April 11 , 2024. The order was received by Erin
Wilson on April 15, 2024. A SOV/NOH was mailed via USPS certified return
receipt on April 24, 2024. The notice was received by Erin Wilson on April
29, 2024. The property was inspected and found to be non-compliant on
May 6, 2024. The May 14, 2024, City of Okeechobee Special Magistrate
Hearing was cancelled due to an unforeseen emergency. A Notice of
Hearing Cancellation and a SOV/NOH was mailed via USPS certified return
receipt on May 13, 2024. The notices were received by Erin Wilson on May
20, 2024. The property was inspected and found to be non-compliant on
June 5, 2024. The case was presented to the Special Magistrate on June
11 , 2024, he deferred ruling until the next Special Magistrate Hearing to
allow the City Staff and the respondent to come to an agreement. A
SOV/NOH was mailed via USPS certified return receipt on June 25, 2024.
The notice was received by Dale Williams, and Lana Kuyait on July 1, 2024,
and by Erin Wilson on July 28, 2024. The July 9, 2024, City of Okeechobee
Code Enforcement Special Magistrate Hearing had to be cancelled due to
unforeseen circumstances unrelated to the matters raised in the Code
Enforcement Agenda. A Notice of Hearing Cancellation and a SOV/NOH
was mailed via USPS certified return receipt on July 10, 2024.
November 12, 2024, Special Magistrate Hearing, Page 2 of 6
155
VI. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 230817007; CONTINUED: The notices were received by Erin
Wilson on July 13, 2024, and by Julian Williams, and Kaylynn G on July 15,
2024. The case was presented to the Special Magistrate on August 13,
2024, he ruled to enter an order based on the agreement between the City
Y
Staff and the respondent, that within 15 days of the hearing the respondent
shall have a licensed roofer inspect the four remaining roofs, and provide
evidence the roofs are not leaking, and do not need any further remediation
for the health and safety of the occupants. The roof inspection was received
on August 29, 2024. Mr. Falk submitted an application for Fine Reduction
on September 16, 2024. A SOV/NOH was mailed via USPS certified return
receipt on September 16, 2024. The notice was received byLana Kiyait on
p p
September 20, 2024. The property was inspected and found to be in
compliance on September 17, 2024, with a fine balance of$27,800.00, plus
a $50.00 administrative fee due. The October 8, 2024, City of Okeechobee,
Special Magistrate Hearing was cancelled due to the potential impact of
Hurricane Milton. A Notice of Hearing Cancellation and a SOV/NOH was
mailed via USPS certified return receipt on October 22, 2024. The notices
were received on October 25, 2024. Mr. Falk appeared before the Special
Magistrate and conveyed his explanations and reasonings for why the
property remained in violation for an extended period of time and requested
that the fine be reduced by 90 percent due to the circumstances. The City
recommends in accordance with City Ordinance No. 1274 a fine reduction
of 60 percent, plus a $50.00 administrative fee, reducing the fine from
$27,800.00 to $11,120.00, plus a $50.00 administrative fee, totaling
$11,170.00.
Based on the evidence provided, Special Magistrate Azcona ruled to
reduce the fine by 60 percent, plus a $50.00 administrative fee, and for
Mr. Falk to reach out to the City Staff to work out a mutually acceptable
payment agreement.
VII. NEW CASES
A. Case No. 240813008; Lawrence A. and Carol D. Sikorski, 1125 SE 21st ST,
Okeechobee [Legal Description: Lot 112, BLUE HERON GOLF AND
COUNTRY CLUB, PHASE 2, PB 6, PG'S 59 and 60, Okeechobee County
public records].
Code Officer Smith testified that the property was found in violation of the
Code of Ordinances Chapter 30, Sections 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 29, 2024. The property was inspected and found to be
non-compliant on August 13, 2024. A SOV/NOH was mailed via USPS
certified return receipt on August 13, 2024. The notice was received on
August 17, 2024. The property was inspected and found to be non-
compliant on September 17, 2024, and October 2, 2024. The October 8,
2024, Code Enforcement Special Magistrate Hearing was cancelled due to
the potential impact of Hurricane Milton. A Notice of Hearing Cancellation
and a SOV/NOH was mailed via USPS certified return receipt on October
22, 2024. The notice was received on October 25, 2024. The property was
inspected and found to be non-compliant on November 6, 2024. To comply
with city ordinances, the property owner needs to register and/or remove
the vehicle from the property. The City recommends in accordance with the
City's fine schedule a fine of$50.00 per day to begin on November 13, 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. 240813008 to be in violation of Chapter 30, Sections 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 November 13, 2024.
November 12, 2024, Special Magistrate Hearing, Page 3 of 6
156
VII. NEW CASES CONTINUED
B. Case No. 240813009; 2L2R, LLC, 1925 SE 9th AVE, Okeechobee [Legal
Description: Unplatted lands of the city all that part of the following described property lying in Section (SEC) 27,
Township(TWP)37 South(S),Range(RGE)35 East(E):a parcel of land lying in and being a portion of SEC 22 and 27,TWP
37 S,RGE 35 E,said parcel being more particularly described as follows:commencing at the Northeast(NE)corner of said SEC
27,thence S 01°25'40"West(W)along the Easterly line of said SEC 27 a distance of 2194.75-feet(ft)to the Northeasterly corner
of the plat of BLUE HERON GOLF&COUNTRY CLUB PHASE 1 as recorded in PB 6,PG's 50 and 51;thence North(N)88°34'20"
W along the Northerly line of said Phase 1 a distance of 95.00-ft;thence N 01°25'40"E along a Easterly line of said Phase 1,a
distance of 32.50-ft;thence N 55°18'15"W along a Northerly line of said Phase 1,a distance of 184.42-ft to a point on a curve
concave to the NW,said curve having a radius of 50.00-ft,a line radial to said curve through said point on curve bears N 55°18'15"
W,said point being the point of beginning(POB)of the parcel herein described;thence NW along the arc of said curve through
a central angle of 33°16'05",a distance of 29.03-ft;thence N 76°30'20"E,a distance of 151.10-ft to a point on the W line of the E
95.00-ft of said SEC 27;thence N 01°25'40"E parallel with the E line of said SEC 27,a distance of 255.75-ft;thence N 69°40'04"
W,a distance of 154.32-ft to a point on the W line of the E 241.00-ft of said SEC 27;thence N 01°25'40"E parallel to the Easterly
line of said SEC 27,a distance of 1397.00-ft;thence S 88°34'20"E,a distance of 146.00-ft to a point on the W line of the E 95.00-
ft of said SEC 27;thence N 01°25'40"E parallel with the E line of said SEC 27,a distance of 50.00-ft to a point on the S line of
the N 241.00-ft of said SEC 27;thence N 89°10'06"W parallel with the N line of said SEC 27,a distance of 1055.00-ft to the point
of curvature of a curve to the left and concave to the SE,said curve having a radius of 50-ft;thence run Westerly and Southerly
along the arc of said curve through a central angle of 90°10'31",an arc distance of 78.69-ft;thence S 00°39'23"W,a distance of
56.01-ft;thence S 23°07'02"E,a distance of 471.05-ft;thence S 01°25'42"W,a distance of 427.78-ft to the point of curvature of
a curve to the right and concave to the N,said curve having a radius of 310.00-ft;thence running Southerly,Westerly and Northerly
along the arc of said curve through a central angle of 160°33'22",an arc distance of 868.69-ft;thence N 18°00'56"W,a distance
of 414.29-ft;thence S 66°52'58"W,a distance of 87.72-ft;thence N 50°26'13"W,a distance of 171.26-ft to the point of curvature
of a curve to the right and concave to the E,said curve having a radius of 150.00-ft;thence run Northerly and Easterly along the
arc of said curve through a central angle of 117°19'11",an arc distance of 307.14-ft;thence N 66°52'58"E,a distance of 562.65-
ft to a point on a curve concave to the E,said curve having a radius of 235.00-ft,a line radial to said curve through said point on
curve bears N 86°44'20"E;thence run Northerly along the arc of said curve through a central angle of 03°55'03",an arc distance
of 16.07-ft;thence N 00°39'23"E parallel with the E line of the W half of the E half of said SEC 22,a distance of 48.10-ft;thence
N 89°20'37"W,a distance of 146.00-ft;thence N 00°39'23"E,along the Southerly extension(into said SEC 27)of,and along,
the W line of the E 241.00-ft to the W half of the E half of said SEC 22,a distance of 1563.05-ft to the point of curvature of a curve
to the left and concave to the Southwest(SW), said curve having a radius of 50.00-ft;thence running Northerly and Westerly
along the arc of said curve through a central angle of 89°50'22",an arc distance of 78.40-ft;thence N 89°10'59"W,a distance of
307.57-ft;thence S 00°25'16"W,a distance of 391.71-ft to the point of curvature of a curve to the right and concave to the W,
said curve having a radius of 170.00-ft;thence run Southerly along the arc of said curve through a central angle of 13°40'54",an
arc distance of 40.59-ft;thence leaving said curve on a non-tangent line run S 32°04'19"E,a distance of 112.14-ft;thence S
00°25'16"W,a distance of 104.82-ft to the point of curvature of a curve to the right and concave to the NW,said curve having a
radius of 75.00-ft;thence run Southerly and Westerly along the arc of said curve through a central angle of 90°24'48",an arc
distance of 118.35-ft;thence N 89°09'56"W,a distance of 94.46-ft to the NE corner of the plat entitled BLUE HERON GOLF&
COUNTRY CLUB PHASE 4A as recorded in PB 6 PG's 68 and 69;the next six courses run along the boundary of said plat of
BLUE HERON GOLF&COUNTRY CLUB PHASE 4A,thence S 11°29'12"E,a distance of 277.36-ft to a point of curvature of a
curve to the right and concave to the NW,said curve having a radius of 75.00-ft;thence Northwesterly along the arc of said curve
through a central angle of 102°19'16", an arc distance of 133.94-ft;thence N 89°09'56"W, a distance of 186.85-ft;thence S
14°19'14"E,a distance of 277.03-ft to a point of curvature of a curve to the right and concave to the NW,said curve having a
radius of 75.00-ft;thence Northwesterly along the arc of said curve through a central angle of 105°09'18",an arc distance of
137.65-ft;thence N 89°09'56"W,a distance of 701.98-ft to the E right-of-way(ROW)line of NE 9'h AVE;the next five calls run
along the Easterly and then Northerly ROW line of NE 9th AVE;thence S 00°11'29"W along said ROW line,a distance of 363.43-
ft;thence continue S 00°11'29"W along said ROW line,a distance of 201.88-ft to a point of curvature of a curve to the left and
concave to the NE,said curve having a radius of 215.00-ft;thence Southeasterly along the arc of said curve through a central
angle of 62°16'18"and along said ROW line,an arc distance of 233.67-ft;thence S 62°04'49" E and along said ROW line,a
distance of 501.30-ft to a point of curvature of a curve to the right and concave to the SW,said curve having a radius of 435.00-
ft;thence Southeasterly along the arc of said curve through a central angle of 06°58'40"and along said ROW line,an arc distance
of 52.98-ft to the SW corner of Lot 36 of the said plat of BLUE HERON GOLF&COUNTRY CLUB PHASE 1;thence N 71°11'55"
E,a distance of 170.23-ft to the Northwesterly corner of said Lot 36,said point being a point of curvature of a non-tangent curve
to the right,concave to the SW of which the radius point lies S 44°53'12"W,a radial distance of 581.00-ft;thence Southerly along
the arc of said curve and along a Northerly line of said plat of BLUE HERON GOLF&COUNTRY CLUB PHASE 1,through a
central angle of 51°13'47",a distance of 519.49-ft,to the Northwesterly corner of Lot 116 of the plat entitled BLUE HERON GOLF
&COUNTRY CLUB PHASE 2 as recorded in PB 6,PG's 59 and 60;the following calls run along the boundary of said plat of
BLUE HERON GOLF&COUNTRY CLUB PHASE 2 until noted otherwise,thence S 65°57'50"E,a distance of 581.33-ft to a
point of curvature of a curve to the left and concave to the N,said curve having a radius of 194.00-ft;thence Easterly along the
arc of said curve through a central angle of 24°10'43",an arc distance of 81.87-ft;thence N 89°51'27"E,a distance of 254.66-ft
to a point of curvature of a curve to the left and concave to the N,said curve having a radius of 169.00-ft;thence Easterly along
the arc of said curve through a central angle of 37°00'27",an arc distance of 109.16-ft;thence N 52°51'00"E,a distance of 255.65-
ft;thence N 01°25'40"E,a distance of 836.58-ft to a point of curvature of a curve to the right and concave to the SE,said curve
having a radius of 75.00-ft;thence Northeasterly along the arc of said curve through a central angle of 90°00'00",an arc distance
of 117.81-ft;thence S 88°34'20"E,a distance of 212.00-ft to a point of curvature of a curve to the right and concave to the SW,
said curve having a radius of 75.00-ft;thence Southeasterly along the arc of said curve through a central angle of 90°00'00",an
arc distance of 117.81-ft;thence S 01°25'40"W,a distance of 851.51-ft to a point of curvature of a curve to the right and concave
to the NW,said curve having a radius of 331.00-ft;thence Southwesterly along the arc of said curve through a central angle of
51°25'20",an arc distance of 297.07-ft;thence S 52°51'00"W,a distance of 270.58-ft to a point of curvature of a curve to the right
and concave to the N,said curve having a radius of 531.00-ft;thence Westerly along the arc of said curve through a central angle
of 37°00'27",an arc distance of 342.97-ft;thence S 89°51'27"W,a distance of 254.66-ft to a point of curvature of a curve to the
right and concave to the N,said curve having a radius of 556.00-ft;thence Westerly along the arc of the said curve through a
central angle of 24°10'43",an arc distance of 234.63-ft;thence N 65°57'50"W,a distance of 518.14-ft to a point of curvature of a
curve to the left and concave to the SE,said curve having a radius of 35.00-ft;thence Westerly along the arc of said curve through
a central angle of 17°11'32",an arc distance of 10.50-ft to the SE corner of Lot 67 of the said plat of BLUE HERON GOLF&
COUNTRY CLUB PHASE 1;the following calls run along the boundary of said plat of BLUE HERON GOLF&COUNTRY CLUB
PHASE 1 until noted otherwise,thence continue Westerly and Southerly along the arc of said 35.00-ft radius curve through a
central angle of 72°48'31",an arc distance of 44.48-ft;thence S 24°02'07"W,a distance of 57.01-ft to a point of curvature of a
curve to the left and concave to the NE,said curve having a radius of 19.00-ft;thence Southerly along the arc of said curve
through a central angle of 73°24'06", an arc distance of 24.34-ft;thence S 49°21'59"E, a distance of 600.23-ft to a point of
curvature of a curve to the left and concave to the N,said curve having a radius of 419.00-ft;thence Easterly along the arc of said
curve through a central angle of 57°39'25",an arc distance of 421.64-ft;thence N 72°58'36"E,a distance of 477.91-ft;thence N
52°50'20"E,a distance of 247.55-ft to a point of curvature of a curve to the right and concave to the S,said curve having a radius
of 316.00-ft;thence Easterly along the arc of said curve through a central angle of 38°37'17",an arc distance of 213.01-ft;thence
S 88°32'23"E,a distance of 120.00-ft to a point of curvature of a curve to the left and concave to the NE,said curve having a
radius of 50.00-ft;thence Northeasterly along the arc of said curve through a central angle of 56°45'52",an arc distance of 49.54-
ft to the POB.Together with:a parcel of land lying in SEC 27,TWP 37 S,RGE 35 E,said parcel being more particularly described
as follows:commencing at the SE corner of Lot 14 of the plat entitled"a replat of Lots 1 to 14 inclusive of the SECOND ADDITION
TO OKEECHOBEE ESTATES",as recorded in PB 3,PG 55;thence S 00°22'24"E,along the Westerly ROW of SE 9th AVE,a
distance of 55.00-ft to the POB of the parcel herein described;thence S 00°11'29"W,along said ROW line,a distance of 224.46-
ft to a point on a curve concave to the NE,said curve having a radius of 285.00-ft,a line radial to said curve through said point
on curve bears N 74°33'32"E;thence run Southeasterly along the arc of said curve and along said ROW line,through a central
angle of 46°38'21", an arc distance of 231.99-ft; thence S 62°04'49" E, along said ROW line, a distance of 501.30-ft to the
Northwesterly corner of Lot 1 of the plat entitled"BLUE HERON GOLF AND COUNTRY CLUB,PHASE 1",as recorded in PB 6,
PG's 50 and 51;thence S 27°55'11"W,along the Westerly line of said Lot 1,a distance of 213.15-ft to the Southwesterly corner
of said Lot 1;(the next 12 courses run along the water's edge of Taylor Creek);thence N 34°58'02"W,a distance of 295.54-ft;
thence N 74°41'39"W,a distance of 11.59-ft;thence N 43°19'20"W,a distance of 74.55-ft;thence N 41°31'01"W,a distance of
91.28-ft;thence N 62°06'12"W,a distance of 185.53-ft;thence N 71°32'00"W,a distance of 67.11-ft;thence N 58°17'23"W,a
distance of 65.40-ft; thence N 21°48'02"W, a distance of 41.11-ft; thence N 24°54'30" W, a distance of 50.60-ft; thence N
14°26'57"E,a distance of 79.16-ft;thence N 17°01'38"E,a distance of 98.89-ft;thence N 11°53'20"W,a distance of 59.81-ft;
thence leaving the water's edge of Taylor Creek,S 89°37'36"E,a distance of 92.00-ft to the POB,public records of Okeechobee
County,Florida .
November 12, 2024, Special Magistrate Hearing, Page 4 of 6
157
VII. NEW CASES CONTINUED
B. Case No. 240813009; CONTINUED: Code Officer Smith testified that the
property was found in violation of the Code of Ordinances Chapter 30,
Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning and
beautification, IPMC Chapter 3, Sections 304.1 General, 304.1.1 Unsafe
conditions. The respondent is not a repeat violator. A Courtesy Card was
mailed via USPS regular mail on July 29, 2024. The property was inspected
and found to be non-compliant on August 13, 2024. A SOV/NOH was
mailed via USPS certified return receipt on August 13, 2024. The notice was
received on August 19, 2024. The property was inspected and found to be
non-compliant on October 2, 2024. The October 8, 2024, Code
Enforcement Special Magistrate Hearing was cancelled due to the potential
impact of Hurricane Milton. A Notice of Hearing Cancellation and a
SOV/NOH was mailed via USPS certified return receipt on October 22,
2024. The notice was received on October 26, 2024. The property was
inspected and found to be non-compliant on November 6, 2024. To comply
with city ordinances the property owner needs to complete the repairs and
maintenance of the club house and continue to keep the grass and weeds
maintained on the property. The City recommends in accordance with the
City's fine schedule a fine of $100.00 per day to begin on November 13,
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. 240813009 to be in violation of Code of Ordinances Chapter 30,
Sections 30-40 Junk, 30-43 Public nuisances, 30-44 General cleaning
and beautification. IPMC Chapter 3, Sections 304.1 General, 304.1.1
Unsafe conditions 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 November 13, 2024.
C. Case No. 240824006; Joseph Berry Thornton, Jr., 802 NW 10th ST,
Okeechobee [Legal Description: Lot 11 of Block 26, CITY OF
OKEECHOBEE, PB 1, PG 10 and PB 5, PG 5, Okeechobee County public
records]. As requested by Code Officer Smith, Special Magistrate Azcona
deferred Case No. 240824006 to the next Special Magistrate Hearing.
VIII. DELINQUENT BUSINESS TAX RECEIPTS
A. Case No. 240909012; Baker Landclearing, 200 SE 3rd ST, Okeechobee
[Legal Description: Lot 6 of Block 208, FIRST ADDITION TO
OKEECHOBEE, PB 1 , PG 11 and PB 5, PG 6, Okeechobee County public
records]. No action on this matter was requested but it is noted for the record
to have been in violation of the Code of Ordinances Chapter 50, Sections
50-36 Issuance of local business tax, 50-43 Penalties for violation of local
business tax regulations, the business was found to be in compliance on
September 17, 2024, no Lien/Order recorded, no fine accrued.
B. Case No. 240909013; Gracie Jiu Jitsu, 107 SW 17th ST, Okeechobee [Legal
Description: Lots 7, 8, 9, and 10 of Block 34 and the W half of that portion
of vacated alley adjoining Lots 7, and 8 as vacated in Official Records Book
(ORB) 499, PG 506; together with the W half of the vacated alley lying
adjacent to Lots 9 and 10 as shown in Ordinance 1282 and recorded in
Official Records File No. 2023013746, FIRST ADDITION TO SOUTH
OKEECHOBEE, PB 1, PG 17, Okeechobee County public records]. No
action on this matter was requested but it is noted for the record to have
been in violation of the Code Of Ordinances Chapter 50, Sections 50-36
Issuance of local business tax, 50-43 Penalties for violation of local
business tax regulations, the business was found to be in compliance on
September 17, 2024, no Lien/Order recorded, no fine accrued.
November 12, 2024, Special Magistrate Hearing, Page 5 of 6
158
IX. RELEASE OF LIENS
A. 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 SEC 22, TWP 37 S, 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
ORB 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" E111
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 POB, Okeechobee
County public records]. No action on this matter was requested but it is
noted for the record that the lien balance of $650.00, plus the $50.00
administrative fee was paid in full on September 25, 2024, and the Release
of Lien was recorded on October 1, 2024, at the Okeechobee County Clerk
of Court, File No. 2024010817, Page(s): 1.
X. COMPLIED CASES
A. Case No. 240813010; Gwendolyn E. Rissanen, S Parrott AVE,
Okeechobee [Legal Description: Unplatted lands of the City the N 100-ft of the S 210-ft of
that parcel of land lying in the SE quarter of SEC 21, TWP 37 S, RGE 35 E,as recorded in ORB 172,
PG 663, being more particularly described as follows: commencing at the E one-quarter corner of
said SEC 21, bear S 00°00'58"W along the E line of said SEC 21, a distance of 711.6-ft to the POB;
thence bear S 89°52'39"W a distance of 357.16-ft, more or less,to the Easterly ROW line of Parrott
AVE (U.S. Highway 441); thence bear S 00°06'47" W along said ROW line a distance of 100-ft;
thence bear N 89°52'39"E a distance of 356.92-ft, more or less,to the E line of said SEC 21;thence
bear N 00°00'58" E along the E line of said SEC 21, a distance of 100-ft to the POB, Okeechobee
County public records]. No action on this matter was requested but it is noted for
the record to have been in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification, Chapter 90, Section 90-668 Temporary off-premises motor
vehicle sales, the property was found to be in compliance on September 17,
2024, no Lien/Order recorded, no fine accrued.
B. Case No. 240826007; Ginger Lee Dreher, 1700 SW 5th AVE, Okeechobee
[Legal Description: Lots 9 and 10 of Block 21 and less S 15-ft of SW 5th
AVE. lying adjacent to said lots, WOODLAND PARK, PB 2, PG 28,
Okeechobee County public records]. No action on this matter was
requested but it is noted for the record to have been in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification, the property was found to be in compliance on
September 24, 2024, no Lien/Order recorded, no fine accrued.
XI. ADJOURN MEETING
There being no further business, Special Magistrat coma, journed the
Hearing at 7:15 P.M.
ger Azcona, ecial Magistrate
ATTEST:
i
Cl istina 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.
November 12, 2024, Special Magistrate Hearing, Page 6 of 6