2004-11-09CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
NOVEMBER 9, 2004 SUMMARY
IL_ 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: October 12, 2004.
11
1 of 4
CODE BOARD ACTION
November 9, 2004 Code Enforcement Board meeting was called to order at 7:05 p.m. by Chairperson Worley.
Chairperson Worley led the Pledge of Allegiance.
Present
Present
Present
Absent with consent (Bea Castorina filled the seat for Member Montesi)
Present
Absent with consent (Penny Revels filled the seat for Member Sweda)
Absent with consent
Present
Present
Present
Absent with consent
Present
Present
Member Gamiotea moved to dispense with reading and approve Summary of Board Action for October 12, 2004;
seconded by Member Irby.
Worley - Yes
Gamiotea - Yes
Irby - Yes
Nelson - Yes
Castorina - Yes
Revels - Yes
Motion Carried
416
417
AGENDA
November 9, 2004 - CEB Regular Meeting - Page 2 of 4
CODE BOARD ACTION
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
04-037 Zollie & Vineta Aldridge Chp 30 Sec 30-43 Public
215 SW 6th Avenue nuisances: unsafe building
04-025 Joe & Johnny Brown Chp 30 Sec 30-43 Public
803 NW 121` Street nuisances: unsafe building
04-026 Gloria & Mary Brown Chp 30 Sec 30-44 General
800 Blk. NW 121h Street cleaning & beautification
There were no request for the addition, deferral or withdrawal of items on today's agenda.
Chief Smith informed the Code Board that a training burn had been done on Case #04-037 but debris still needs
to be removed. He said the property owners were given seven days to complete the clean-up but no action had been
taken as of this meeting. Member Gamiotea moved to find Case #04-037 in violation of Sec 30-43 Public nuisances
and allow five business days after receipt of notification to bring the property into compliance after that time a ten
dollar per day fine would be imposed until the property is cleaned; seconded by Member Irby.
Worley - Yes
Gamiotea - Yes
Irby - Yes
Nelson - Yes
Castorina - Yes
Revels - Yes
Motion Carried.
Chief Smith stated that he had looked at the property on Case #04-025 and if possible the fire department may do
a training burn on the structure at the same time that they are doing a training burn on a structure next to this
property. After some discussion by the Code Board is was decided that more background information was needed
from Code Officer Byrd before action was taken. Member Gamiotea moved to table Case #04-025 until the next
regularly scheduled meeting; seconded by Member Castorina.
Worley - Yes
Gamiotea - Yes
Irby - Yes
Nelson - Yes
Castorina - Yes
Revels - Yes
Motion Carried
Chief Smith gave testimony that he had looked at the property in Case #04-026 and as of today the property was
not in compliance. Member Irby moved to find Case #04-026 in violation of Sec 30-44 General cleaning and to
November 9, 2004 - CEB
3of4 418
AGENDA
Status Report from Chief Smith
Status Report from Attorney Cook
CODE BOARD ACTION
impose a ten dollar per day fine commencing fourteen days after receipt of notification if property is not in
compliance; seconded by Member Gamiotea.
Worley - Yes
Gamiotea - Yes
Irby - Yes
Nelson - Yes
Castorina - Yes
Revels - Yes
Motion Carried
Chief Smith gave an update on Case # 04-122, Joe Louis Lawson. He stated that the property had not come into
compliance and in accordance with the Code Boards order on October 12, 2004 a ten dollar per day fine
commenced on November 1, 2004.
Attorney Cook informed the Board of City Council's approval for condemnation on Case #02-216, Evelyn Dasher
Estate. He stated he should have the title search back next week and it could be filed before the end of November.
He explained there will be two separate causes of action, one to foreclose and collect the lien and one to condemn
the property.
Attorney Cook made the Code Board aware that Marvin Brantley's attorney had been in to see him and after talking
with the City Administrator it was decided to give the attorney for Mr. Brantley a couple of weeks to look over the
lawsuit to see if they had some kind of proposal to pay the fine and clean up the property. Attorney Cook said at
this time he has not heard anything from them and would proceed with filing the lawsuit if he has not heard from
them by Friday, November 12, 2004.
Chairperson Worley asked Chief Smith to please expedite the training burn on Case #03-045, Suzette Quarles which
had been postponed due to the weather conditions. Chief Smith stated it would be scheduled to burn as soon as all
the proper documentation had been completed by the property owner.
419 November 9, 2004 - CEB Regular Meeting - -Page 4 of 4
AGENDA
CODE BOARD ACTION
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.
Mack Worley, Chairperso
ATTEST:
Sue Christopher, Secretary
There being no further items on the agenda Member
Chairperson Worley adjourned the meeting at 7:45 p.m.
Tuesday, December 14, 2004.
Irby moved to adjourn; seconded by Member Revels.
The next regular Code Board Meeting is scheduled for
VA
CITY OF OKEECHOBEE,
Petitioner,
-vs-
Respondent.
Gloria & Mary Brown /
ORDER
CODE
THIS CAUSE came on for public hearing before the Code
Okeechobee, on November 9 , 20 04 , after due notice to the
having heard evidence on the alleged violation by witnesses or
makes the following findings: (check appropriate box)
1. That the respondent is granted an extension of time of
correct the violation, and the matter is set for review at the next
or as set by the Board.
2. That respondent, acknowledges the violation and agrees to
before
20_, and notify the Board of the
reinspection of the property by the Code Enforcement Officer prior
not notified by said date, or if the corrections have not been made,
of $ per day commencing on
20_, and
have been made to come into compliance with the Code. The fine
on the real and personal property as described in paragraph 3
FORCEMENT BOARD OF
CITY OF OKEECHOBEE,
RIDA.
CASE NO. 04-026
Board, City of
and the Board
the Board therefore
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X 3. That upon review of the evidence presented, the Board issues the following:
A. FINDINGS OF FACT
Lot:4 Blk: 23
Parcel# 3-15-37-35-0010-00230-0040
Property located in the 800 Blk of NW 12``` Street
has been found to have overgrown grass and brush that needs removed.
B. CONCLUSIONS OF LAW:
The property described above located in the 800 Blk of NW 121` Street
has been found to be in violation of Chapter 30 Sec. 30-44 General
Cleaning and Beautification.
C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you
have violated the Code of Ordinances, Section 30-44 General cle n concerning your property
located at 800 Blk of NW 12th Street
If you do not correct the violation within fourteen (14) days after roceipt of this order , or notify
the Code Enforcement Officer of the correction, the Board imposes) a fine of $ $10.00 per day
commencing that date and continuing daily until the violation is corrected or the city is notified
by you and verifies the correction, which ever first occurs. Further, I 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 Circuit Court, Okeechobee
County, Florida. If you correct the violation prior to the above date, it 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 a �k day of J V A C.V- , 20 O�.
CITY OF OKEECHOBEE, Petitioner C t c� t Respondent
CODE ENFORCEMENT BOARD
City of Okeechobee, Florida
CN-'�%j ,
Cod nforceme t Officer
—),-A ac"L
Chairperson
ATTEST:
Recording Secretary
SWORN TO AND SUBSCRIBED before me this Jc (N day of NJ VW I� ;n
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