2024-12-10 Official Minutes 159
�`��F ONfF CITY OF OKEECHOBEE CODE ENFORCEMENT
r 2 24 SPECIAL MAGISTRATE HEARING
�: DECEMBER 1O, 0 ,
=y ,,��;,�� OFFICIAL MINUTES
I. CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, December 10, 2024, at 6:02 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added, deferred, or withdrawn; there were none.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
October 8, 2024, and the November 12, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, 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. NEW CASES
A. Case No. 240927013; Sandi Magnolia Godinez-Roblero, 1010 Southwest
(SW) 3rd Street (ST), Okeechobee [Legal Description: Lot 13 of Block 5, SW
ADDITION TO OKEECHOBEE, Plat Book (PB) 2, Page (PG) 7,
Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of the
Code of Ordinances Chapter 90, Section 90-452 Swimming pool, Chapter
30, Sections 30-33 Owner to control excessive growths and unsanitary
ponds and swimming pools, 30-43 Public nuisances, 30-44 General
cleaning and beautification. The respondent is not a repeat violator. A
Courtesy Card was mailed via United States Postal Service (USPS) regular
mail on September 16, 2024. The property was inspected and found to be
non-compliant on September 24, 2024. A Statement of Violation/Notice of
Hearing (SOV/NOH) was mailed via USPS certified return receipt on
September 27, 2024. The notice was received on October 7, 2024. The
property was inspected and found to be non-compliant on December 3,
2024. To comply with city ordinances, the property owner needs to cut all
weeds, grass, or undergrowth to a height not to exceed 8-inches on the
entire property and trim landscaping to a neat appearance not to adversely
affect the aesthetic of the property or adjacent properties, remove the trash,
junk/debris from the property, and remove or meet the requirements to
maintain and have a pool on the property. The City recommends in
accordance with the City's fine schedule a fine of $50.00 per day to begin
on December 11, 2024, unless the property owner brings the property into
compliance on or before that date, plus a $50.00 administrative fee.
December 10, 2024, Special Magistrate Hearing, Page 1 of 4
160
V. NEW CASES CONTINUED
A. Case No. 240927013; CONTINUED: Based on the evidence provided,
Special Magistrate Azcona found Case No. 240927013 to be in
violation of Chapter 90, Section 90-452 Swimming pool, Chapter 30,
Sections 30-33 Owner to control excessive growths and unsanitary
ponds and swimming pools, 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 December 11, 2024.
B. Case No. 240829006; Joseph Berry Thornton, Jr., 802 Northwest (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].
Code Officer Smith testified that the property was found in violation of Code
of Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification, International Property Maintenance Code
(IPMC) Chapter 1, Sections 111.1 .1 Unsafe structure, 111 .1.3 Structure
unfit for human occupancy. The respondent is not a repeat violator. A
Courtesy Card was mailed via USPS regular mail on August 13, 2024. The
property was inspected and found to be non-compliant on August 29, 2024.
A SOV/NOH was mailed via USPS certified return receipt on August 29,
2024. The notice was returned on September 24, 2024. A Notice to Appear
was posted on the property and the Public Notices Board at City Hall on
September 24, 2024. The property was inspected and found to be non-
compliant on October 1 , 2024. The October 8. 2024, Special Magistrate
Hearing was cancelled due to the potential impact of Hurricane Milton. A
SOV/NOH was mailed via USPS certified return receipt on October 22,
2024. A Notice to Appear was posted on the property and the Public Notices
Board at City Hall on October 23, 2024. The City Staff has not received the
notice nor the signature receipt card back as of the November 12th Hearing.
The property was inspected and found to be non-compliant on November
6, 2024. The case was presented to the Special Magistrate and as
requested by Code Officer Smith; Special Magistrate Azcona deferred the
case to the next Special Magistrate Hearing. A SOV/NOH was mailed via
USPS certified return receipt on November 14, 2024. The notice was
received on November 21 , 2024. A Notice to Appear was posted on the
property and the Public Notices Board at City Hall on November 26, 2024.
The property was inspected and found to be non-compliant on December
3, 2024. To comply with City Ordinances the property owner needs to cut
all weeds, grass, or undergrowth to a height not to exceed 8-inches on the
entire property and trim landscaping to a neat appearance not to adversely
affect the aesthetic of the property or adjacent properties and remove the
individual living in the shed from the property. The City Staff recommends
in accordance with the City's fine schedule a fine of $100.00 per day to
begin on December 11, 2024, unless the property owner brings the property
into compliance on or before that date, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240829006 to be in violation of Code of Ordinances Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification, IPMC Chapter 1, Sections 111.1.1 Unsafe structure,
111.1.3 Structure unfit for human occupancy and imposed a fine of
$100.00 per day, plus a one-time administrative fee of $50.00 should
the property fail to come into compliance by December 11, 2024.
December 10, 2024, Special Magistrate Hearing, Page 2 of 4
161
V. NEW CASES CONTINUED
C. Case No. 241120004; Kenneth C. Leitner, 303 NW 11 th AVE, Okeechobee
[Legal Description: North (N) half of Lot 22 and N half of Lot 23 of Block 23,
NW ADDITION TO OKEECHOBEE, PB 1, PG 25, Okeechobee County
public records].
Code Officer Smith testified that the property was found in violation of the
Code of Ordinances Chapter 54, Section 54-41 Blocking or obstructing. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS
regular mail on September 12, 2024. The property was inspected and found
to be non-compliant on October 1 , 2024, and November 18, 2024. A
SOV/NOH was mailed via USPS certified return receipt on November 21,
2024. The notice was received by Jess L. on December 2, 2024. The
property was inspected and found to be non-compliant on December 3,
2024. To comply with city ordinances the property owner needs to remove
all personal items from the alleyway. The City recommends in accordance
with the City's fine schedule a fine of$50.00 per day to begin on December
11, 2024, unless the property owner brings the property into compliance on
or before that date, plus a $50.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 241120004 to be in violation of Code of Ordinances Chapter 54,
Section 54-41 Blocking or obstructing 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 December 11, 2024.
D. Case No. 241120005; Juan M.A. and Lydia E. Almodovar., 1804 NW 7th
AVE, Okeechobee [Legal Description: Lot 14 and N half of Lot 15 of Block
52, CONNERS HIGHLANDS, PB 1 , PG 21, Okeechobee County public
records].
Officer Smith testified that the property was found in violation of the
Code p
P Y
Code of Ordinances Chapter 30, Section 30-41 Disabled vehicles. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS
regular mail on September 17, 2024. The property was inspected and found
to be non-compliant on November 18, 2024. A SOV/NOH was mailed via
USPS certified return receipt on November 20, 2024. The notice was
received on December 2, 2024. The property was inspected and found to
be non-compliant on December 3, 2024. To comply with city ordinances the
property owner needs to remove all the disabled 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 December 11, 2024, unless the property owner
brings the property into compliance on or before that date, plus a $50.00
administrative fee.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 241120005 to be in violation of Code of Ordinances Chapter 30,
Section 30-41 Disabled vehicles 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 December 11, 2024.
VI. RELEASE OF LIENS
A. Case No. 221221016; 130 Palm Beach Properties LLC c/o Betty Khan, NW
11th ST, Okeechobee [Legal Description: Lots 7, 8, 9, 10, and 11 of Block
30, CITY OF OKEECHOBEE, PB 1, PG 10 AND PB 5, PG 5, Okeechobee
County public records]. No action on this matter was requested but it is
noted for the record that the lien balance of $4,150.00, plus the $50.00
administrative fee was paid in full on October 15, 2024, and the Release of
Lien was recorded on October 22, 2024, at the Okeechobee County Clerk
of Court, File No. 2024011407, Page(s): 1.
December 10, 2024, Special Magistrate Hearing, Page 3 of 4
162
VII. COMPLIED CASES
A. Case No. 231025003; Timothy Lee Thomas, 809 Northeast 5th ST,
Okeechobee [Legal Description: Lots 15 and 16, RIVER RUN RESORT-
PHASE II, PB 6, PG 33, 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 30-41 Disabled
vehicles, 30-43 Public nuisances, 30-44 Gener cleaning and
beautification, the property was found to be in compl. e on October 15,
2024, no Lien/Order recorded, no fine accrued.
VIII. ADJOURN MEETING
There being no further business, Special"—Magi cona, a reed the
Hearing at 6:40 P.M.
• Roger Azcona, Special Magistrate
ATTEST:
AfA2604A' dLA
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.
December 10, 2024, Special Magistrate Hearing, Page 4 of 4