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2005-03-08431 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MARCH S, 2005 SUMMARY AGENDA A. CALL MEETING TO ORDER B. PLEDGE OF ALLEGIANCE. C. BOARD MEMBERS ATTENDANCE: Chairperson Mack Worley Vice -Chairperson Jamie Gamiotea Member Frank Irby Member Marsha Montesi Member Andrea Nelson Member Rennae Sweda Member Liz Weisser Alternate Bea Castorina Alternate Penny Revels STAFF ATTENDANCE: Attorney John Cook Code Enforcement Officer Jim Byrd Code Enforcement Officer Herb Smith Secretary Sue Christopher D. Motion to dispense with the reading and approve Summary of Board Actions for: February 8, 2005. Pa e 1 of 4 CODE BOARD ACTION March 8, 2005 Code Enforcement Board meeting was called to order at 7:03 p.m. by Chairperson Worley. Chairperson Worley led the Pledge of Allegiance. Present Present Present Absent with consent (Penny Revels filled the seat for Member Montesi) Absent with consent Present Present Absent with consent Present Present Present Absent with consent Present Member Gamiotea moved to dispense with reading and approve Summary of Board Actions for February 8, 2005; seconded by Member Sweda. Worley - Yes Gamiotea - Yes Irby - Yes Sweda - Yes Weisser - Yes Revels - Yes Motion Carried March 8, 2005 - CEB Regular Meeting - Page 2 of 4 432 AGENDA CODE BOARD ACTION REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL Code Officer Byrd requested Mike Arnold be given an opportunity to address the Board in reference to his property OF ITEMS ON TODAY'S AGENDA. located at 1007 N Parrott Avenue. 04-128 Kelly & Linda Johnson Chp 30 Sec 30-44 General Code Officer Byrd testified that Case #04-128, #05-010, and #05-016 had all come into compliance. Member 105 NE 9` Street cleaning and beautification Gamiotea moved to find Case #04-128, #05-010, and #05-016 were in violation of Chp 30 Sec 30-44 General cleaning and beautification but are now found to be in compliance; seconded by Member Weisser. 05-010 D & A Properties Chp 30 Sec 3044 General Worley - Yes 206 NE 7 h Street cleaning and beautification Gamiotea - Yes Irby - Yes 05-016 Chad Jenkins Chp 30 Sec 30-44 General Sweda - Yes 1104 SE 8d' Drive cleaning and beautification Weisser - Yes Revels - Yes Motion Carried. 04-025 Joe & Johnny Brown Chp 30 Sec 30-43 Public Code Officer Byrd informed the Board a training bum was completed on February 19, 2005. However the debris nuisances had not been removed and the property was not in compliance. Mr. Byrd said he had talked to the property owner over the phone. She stated she did not have the money to hire someone to clean the property and would be doing the clean up herself a little at a time. Member Irby moved to find Case #04-025 in violation of Chp 30 Sec .30-44 and impose a $10.00 per day fine fifteen days after notification is mailed; seconded by Member Weisser. Worley - No Gamiotea - Yes Irby - Yes Sweda - Yes Weisser - Yes Revels - Yes Motion Carried. 03-045 Suzette B. Quarles Chp 30 Sec 30-43 Public Member Sweda moved to table Case #03-045 until the next meeting to allow the property owner thirty days from 1109 NW 8 h Avenue nuisances the time of the training burn to have the clean up completed; seconded by Member Gamiotea. Worley - Yes Gamiotea - Yes Irby - No Sweda - Yes Weisser - Yes Revels - Yes 433 AGENDA March 8, 2005 - CEB CODE BOARD ACTION 3 of 4 Status report by Code Officer Byrd Mr. Mike Arnold addressed the Board in reference to his property located at 1007 N. Parrott Avenue. Status report from Attorney Cook Motion Carried Code Officer Byrd gave a report on Case 404-026 Gloria and Mary Brown. He stated some attempt had been made to clean-up the property but it was still not in compliance. Mr. Arnold gave testimony that the Notice of Violation had been posted on his property on February 28, 2005 which gave him five days to clean up his property. Since he felt this was not enough time he requested the Board give him a thirty day extension to bring his property into compliance. Member Gamiotea moved to grant Mr. Arnold a thirty day extension from March 8, 2005 to clean up his property; seconded by Member Irby. Worley - Yes Gamiotea - Yes Irby - Yes Sweda - Yes Weisser - Yes Revels - Yes Motion Carried Attorney Cook said that Marvin Brantley had been served the lawsuit in February and would have twenty days to respond before it went into default. He also advised the Board there were about eight other parties in the lawsuit that would have be served and given twenty days to respond. Mr. Worley asked for a written report from Attorney Cook as to the status of Mr. Brantley's lawsuit. Attorney Cook informed the Board that the tax certificate holder of the Dasher property was applying for a tax deed in two weeks. If this corporation purchases the tax deed they would become legal owners of the property and would be responsible for the lien that the Code Board has against this property. March S. 2UU5 - UEB 4 of 4 434 AGENDA ADJOURNMENT - CHAIRPERSON WORLEY PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are for the sole purpose of backup for official records of the department. —A al h Mack Worley, Chairpersonj ATTEST: Sue Christopher, Secretky n CODE BOARD ACTION There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:00 p.m. The next regular Code Board Meeting is scheduled for Tuesday, April 12, 2005. ,F . CITY OF OKEECHOBEE, Petitioner, -vs- Respondent. JOE & JOHNNY BROWN / ORDER CODE THIS CAUSE came on for public hearing before the Code Okeechobee, on March 8 , 20 05 , after due notice to the Board having heard evidence on the alleged violation by therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of rOKC;EMENT BOARD OF CITY OF OKEECHOBEE, CASE NO. 04-025 Board, City of respondent, and or affidavit, the Board days without penalty to correct the violation, and the matter is set for review at the next hear�ine on or as set by the Board. X 2. That respondent acknowledges the violation and agrees to before March 31, , 20 05, and notify the Board of the cor, reinspection of the property by the Code Enforcement Officer prior t not notified by said date, or if the corrections have not been made, th $ 10.00 per day commencing on April 1 , 20 05 , and contii have been made to come into compliance with the Code. The fine m on the real and personal property as described in paragraph 3 herein. 20 said violation on or ion and arrange for a said date. If the Board is Board imposes a penalty of ing until the corrections become thereafter a lien M co Tt M ay Q;+m M C�0MM N Gl Q LJ m-tC. rn cn o-. o :A Uri+ m rn;0 ra m -,,c :c 1� ooa �a-M,_,— G iJt rn c+.-, C0= w� o ram D 4 �' N -i X> C3 r m gas c,— nU oCn c �o [O TI f� r �+ 3 X 3. That upon review of the evidence presented, the Board is ues the following: A. FINDINGS OF FACT: Lot: 2 Blk: 23 Section: Okeechobee Parcel# 3-15-37-35-0010-00230-0020 Property located at 803 NW 12' Street has been found to be a threat to the welfare of the community due to the fact it has overgrown grass/brush and debris that needs to be removed from property. B. CONCLUSIONS OF LAW The property described above located at 803 NW 12`h Street, Okeechobee, FL is in violation of Chp. 30 Sec. 30-43 Public nuisances- C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-43 Public nuisan_qes concerning your property located at 803 NW 12' Street Okeechobee. FL If you do not correct the violation by March 31 20 05 or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 10.00 per day commencing April 1. 20 05 and continuing daily until the violation s corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a certified copy of 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 Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circ it Court, Okeechobee County, Florida. If you correct the violation prior to the above date, i� is your obligation to contact the Code Enforcement Officer to verify such compliance. 4. The Board finds and orders in addition: AGREED AND ORDERED this 14th day of CITY OF OKEECHOBEE, Petitioner CODE ENFORCEMENT BOARD City of Okeechobee, Florida j /IZ W�A A cer 1•� • �I�- -al Chairperson ATTEST: Recording Secretary SWORN TO AND SUBSCRIBED before me this 2005. �O. nAi�nt nC)V , NOTARY PUBLIC My Commission expires: , , .KA�COOK ,' MY COMMISSION # DD 385941 i EXPIRES:Jdy1 2007 Bwded Thnt Nmry Pic Undwwmem 15 2005 Respondent day of MC)-ro,{-)