1986-12-09�( E
MINUTES OF THE
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF OKEECHOBEE
DECEMBER 9, 1986
HEARINGS of the municipal code violations were held by the Municipal Code Enforce-
ment Board in the Council Chambers at City Hall on Tuesday, December 9, 1986.
Chairman Jeffers called the meeting to order at 7:00 P.
Castorina to call the roll with the following results:
James Palmore - Present
Deara Thompson - Present
Robert Ridley - Present
Lloyd Jeffers - Present
Jerry Walker - Present
Gloria Scherrer - Present
Others present were: Code Enforcement Officer, Keith Tomey:
and Secretary, Beatrice Castorina.
INVOCATION
Invocation was given by Chairman Lloyd Jeffers.
APPROVAL OF MINUTES
4. and asked secretary
Attorney, Jerry Bryant;
Chairman Jeffers stated if there were no questions or corrections to the minutes
of July 8, 1986 and November 18, 1986, meetings; the minute would stand approved
by common consent.
PRESENTATION OF CASES
Chairman Jeffers asked Code Enforcement Officer, Keith
DISMISSAL OF CASES
Code Enforcement Officer Tomey recommended the followii
because they are in compliance.
56-86 E.K. Benson
57-86 Hattie Mae Worthen
Member Thompson moved to dismiss case 56-86 and 57-86.
Palmore. Motion carried.
CASES PRESENTED
Tomey to present his cases.
ig cases be dismissed
Seconded by member
59-86 Keith and Cathy Fowler - 407 S.E. 12th Avenue
Excessive barking; howling and being a nuisance.
Cruelty or abandoning Generally.
Diane Rogers of the Humane Society was present and wasl sworn in by secretary
Castorina.
Ms. Rogers explained the complaint notices to the boar
were given to the Code Board marked exhibits # 1 and #/ II.
members. The notices
30
Bill Saum from the police department was present and
Castorina.
sworn in by secretary
Mr. Saum stated he went out on a complaint, November 1�, 1986 at7:O0 A.M.. He
stated he did not hear the dog bark until another dog came ilnto the yard, and he
called the humane dept. to come pick the other dog up.
Jimmy Belk of 408 S.E. 12th Avenue, a complainant, was sworn in by secretary
Castorina.
Mr. Belk stated the dog was barking excessively, but i� hadn't barked in the
past week.
W.C. Whatley of S.E. 12th Avenue, a complainant, was
Castorina.
Mr. Whatley stated he can't sleep for the dog barking.
Mr. and Mrs Fowler were not present.
Attorney Bryant advised the board members that htere
to make a finding on the excessive barking.
Based on the evidence the board could make a finding of
creating a nuisance in violating City Ordinance section #4-1
rn in by secretary
!re sufficient evidence
fact that the dog is
Maintaining a dog that
barks excessively which distrubs the peace and quiet of Mr. Belk and Mr. Whatley.
After the finding of fact the board then enter an orde and if the Fowlers
do no comply with the order; then the board assess a fine For every day after the
time period that they do not comply with the order.
Attorney Bryant stated his recommendation would be 24 ours or something in
that order to either get rid of the dog or other wise make 5ure the dog does not
bark excessively and continue to be a nuisance; and then enter an appropriate
fine for every day after the 24 hours time limit that the F wlers are not in
compliance with the order. He suggested that the order be 3 contining order for
at least a period of sic months to a year, so any day the d g barks the complainants
could file an affidavit with the code enforcement board and they can levy a fine
against the people based upon the affidavit.
Member Thompson moved to accept Attorney Bryant's recommendation. SEconded
by member Scherrer.
Member Thompson moved the board adopt the findings of fact by reference that
Keith and Cathy Fowler are in violation of Section 4-48 of City of Ordinance; Barking
and howling dogs and section 4-49 being a public nuisance by barking and howling to
distrub the peace and quiet of Mr. Belk and Mr. Whatley; an by allowing the dog to
run loose and entering into Mr. Belk's property. Seconded
by member Scherrer.
Motion carried.
Member Walker moved the Fowlers come into compliance by 8:00 P.M., DecemberlO,
1986. Seconded by member Scherrer. Motion carried.
Member Walker moved a fine of $50.00 be imposed on the Fowlers for every day
the dog is in violation. Seconded by member Clements. Motion carried.
Code Enforcement Officer advised the board that Mr. Darrell
property and paid two of the liens that were on them.
Ferneau have cut his
There being no further buisness to come before the bo rd, member Scherrer
moved to adjourn. Seconded by member Walker. Meeting adj urned.
Lloyd Jeff rs, Chairman
Code Enfor ement Board
City of Ok echobee
ATTEST:
LLB ZIC
Beatrice Castorina
Code Enforcement Board
City of OKEECHOBEE
THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK'S OFFICE