1984-11-20
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MINUTES OF THE
MUNICIPAL CODE ENFORCEMENT BOA D
CITY OF OKEECHOBEE ~
NOVEMBER 20, 1984
Hearings of the municipal code violations were held by the Okeechobee Municipal
Code Enforcement Board in the Council Chambers at City Hall on Tuesday, November 20,
1984
Vice Chairman Kuhlewind called the meeting to order at 7:00 P.M. and asked secretary
Castorina to call the roll with the following results:
Nick Collins - present
Deara Thompson - Present
Robert Ridley - Present
Lloyd Jeffers - Absent with consent
Blair Kuhlewind - Present
Jerry Walker - Present
Tommy Hoover - Present
Others present were: Code Enforcement Officer, Mallette We tbrook; Attorney, David
Conlon; and Secretary, Beatrice Castorina.
APPROVAL OF MINUTES
, h' JKU~låwi¥d h ' d h . tes of October 16, 1984
V~ce C a~rman as e ~ everyone ave rece~ve t e m~nu
meeting. He stated if the board have found the minutes co ect and had no questions
the chair would entertain a motion the minutes stand appro presented. Member
Thompson so moved. Seconded by member Ridley. Motion car
PRESENTATION OF CASES
Vice Chairman Kuhlewind asked Code Enforcement Office , Mallette Westbrook to
present his cases.
DISMISSAL OF CASES
Mr. Westbrook requested the following cases be dismis ed because all are in compliance.
98-84 Glenn Lamb
80-84 Susan Lambert
93-84 Lamar Sills
94-84 Clarence Arnold
104-84 Kenneth Spooner
112-84 Sandra Bostwick
Member Collins moved to dismiss cases listed above. Secon ed by member Walker. Motion
carried.
CASES CONTINUED
91-84 Lorenza and Javita Williams - Sanitary Code vi
Mr. Westbrook advised the board he would like to continue 30 days to see if the
problem was corrected. Attorney Conlon advised Mr. Westbr if there were no problems
now the case shoule be dismissed, and if the violation occ in the future then refile
charges. He stated the board would have to try the case f problem at the present
time not what had happened before. Mr. Westbrook stated h would let the board decide
whether to dismiss the case or continue it.
After discussion member Collins moved to dismiss case #91-84 because they are in
compliance at this time. Seconded by member Walker. Mati n carried.
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PRESENTATION OF CASES
111-84 Cindy Shreves - Dog running at large
Mr. Westbrook stated she had a dog running at large, but n w the dog was gone so he
was asking a dismissal of this case.
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Mrs Prevatt asked Mr. Westbrook, if he would find out he date the dog was missing.
Mrs. Shreves stated November 6, 1984. Mr. Westbrook stated he was recommending a dis-
missal due to the dog missing and it couldn't do any damage to the garden in question.
e Cindy Shreves was recognized by the board and she stat d she had a cocker spaniel
and it couldn't have done the damage Mrs. Prevatt stðted wa done to her garden. It
had to be a bigger dog.
Mike Wales, the Police Officer, was not: present for the hearing, therefore the
board could not hear what he found when he was dispatched o Mrs. Prevatt's property.
Mr. and Mrs. William Cox, Jr. was recognized by the bo rd. He stated he had a
small chihuahua, which was smaller than Mrs. Shreves's dog. He stated Mr. Prevatt
walked over to his house and asked if he saw anyone close h 's fence gate. He stated
no he had not. He walked over to Mr. Prevatt's house and 1 oked at the garden and the
dog tracks were of big dogs.
Mr. Westbrook stated he was at the Cox's house and the dog he saw was a little
dog. He couldn't see how it could hardly tear up anything. Mr. Cox stated he has
a fence in the back yard for the dog and the Kids let him 0 t, but he had never seen
it in Mrs. Prevatt's yard.
Mr. WEstbrook stated all he could do was bring the cas before the board with
dogs running at large.
Frances Prevatt was recognized before the board. She she saw four dogs
in the garden and she chased them out. She stated she dogs over, so she
could identify the dogs to her father because they in the yard repeatedly.
She stated two Policeman came out and looked at the garden. The damage was extensive.
Miss Prevatt stated the Police Officer went with them to th Shreve's house and she
identified one of the dogs there, which was in the garden. to the Cox's
house and she identified another dog which had been in the She stated there
were two other dogs, a german shepard and a big black ite one. She saw the black
and white dog again and her mother followed it to the house. Her father called
the police and Mr. Coonfare came and she, her father and Coonfare went to the
owners house and the police officer asked them to sit in car and he went in and
stayed about fifteen minutes then he came out and it was taken care of. The
police officer didn't ask her to identify the dog or ask f any information about the
dog, neither did he volunteer any information about the dog. She stated the police
Officer said the owner admitted it was there dog, and he ga e them their name, but it
turned out to be the wrong name. She stated the german she ard disappeared the next
day, but he has been seen since.
Mr. Westbrook stated this case needs to be continued u til January meeting to
enable the police officer to be at the hearing.
Mrs Prevatt stated all they were interested in was the dogs staying out of her
husband's garden. She stated they raise onion plants for a living.
Mr. Westbrook asked Mrs Prevatt if she was satified si ce Mrs Shreves lost her
dog to dismiss her case. Mrs Prevatt answered yes.
Mr. Westbrook asked the board to dismiss case 111-84. Member Walker stated he
didn't feel there was enough information, but if Mrs. Preva t wants to dismiss it, then
he would go along with it.
- Member Ridley moved to dismiss case 111-84. Seconded y member Hoover. Motion
carried.
Member Thompson advised Mrs. Prevatt to call the Human Officer when she sees a
dog in her yard and they would pick it up.
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vice Chairman Kuhlewind asked Mr. Westbrook if he woul described Mr. Cox's
property, and how he confines the dog. Mr. Westbrook state Mr. Cox's house was
the first house on lOth avenue off of 9th street. He has a fenced back yard.
Mr. Cox stated he tried to keep his dog confined, but . t diggs out. If neces- ~
sary he would pour cement around the fence to keep the dog onfined. He would make
every effort to keep the dog confined.
Mr. Westbrook stated under the circumstances and with r. Cox's promise to keep
his dog confined he would ask for a dismissal.
Member Thompson moved to dismiss case 110-84. Seconde by member Collins. Motion
carried.
65-84 J.J.Zayti - In violation of temporery use permi .
Mr. Westbrook request to recess this meeting for fourteen 14) days, December 4, 1984,
at 7:30 to enable the board to notify Bob Matthews of the m eting since he is the
owner of the property J.J. Zayti is located on.
Member Walker moved to recess this meeting until Dece er 4, 1984 at 7:30 P.M.
Seconded by member Thompson. Motion carried.
RECESSED MEETING DECEMBER 4, 1984
Hearings of the municipal code violations were held by the Okeechobee Municipal
Code Enforcement Board in the Council Chambers at City Hall on Tuesday, December 4, 1984.
Chairman Jeffers called the meeting to order at 7:30 P M. and asked the secretary
to call the roll with the following results:
Nick Collins - Present
Deara Thompson - Absent with consent
Robert Ridley - Present
Lloyd Jeffers - Present
Blair Kuhlewind - Present
Jerry Walker - Present
Tommy Hoover - Present
Others present were: Code Enforcement Officer, Mallette We tbrook; and Secretary, Beatrice
Castorina.
PRESENTATION OF CASES
Chiarman Jeffers asked Code Enforcement Officer, Malle te Westbrook to present his
case.
65-84 J.J. Zayti - Violation of temporary use permit
Mr. Westbrook reviewed the board on this case and stated it has been going on for quite
some time. He stated there has been various correspondence between Mr. Zayti and the
City through Richard C. Fellows, City Administrator's offic and David Conlon's Office.
James J. Zayti and Dave Cutler were in the audience to represent Mr. Zayti.
James J. Zayti was sworn in by the secretary. brook advised the board that
Bob Matthews, a local residence was the owner of the proper y which Mr. Zayti's business
is located on and he has a two year lease on the property. was served
papers to be at the meeting, but was out of town and couldn t make it.
Attorney Conlon advised the board that they could issu a fine of $250.00 per day
if the violation was not complied with. t
Mr. Westbrook stated that Jim Zayti has admitted he wa in violation and he re-
commends the board give him 30 days to remove the trailer, nd then the board can make
retroactive fines after that date, if the trailer Mr. Westbrook stated
Jim Zayti has indicated to him that he would get a shed on he property into a working
manner for an office and abandon and move the t~ailer, ther fore he recommends the board