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2005-12-13459 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD DECEMBER 13, 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 Bea Castorina Alternate Penny Revels Alternate Heather Hancock STAFF ATTENDANCE: Attorney John Cook Code Enforcement Officer Fred Sterling Code Enforcement Officer Herb Smith Secretary Sue Christopher D. Motion to dispense with the reading and approve Summary of Board Actions for: November 8, 2005. 1 of 4 CODE BOARD ACTION December 13, 2005 Code Enforcement Board meeting was called to order at 7:05 p.m. by Chairperson Worley Present Present Present Absent with consent (Penny Revels filled the seat for Member Montesi) Absent with consent (Heather Hancock filled the seat for Member Nelson) Absent with consent Present Present Present Present Present Present Present Member Castorina stated a correction needed to be made on the Summary for November 8, 2005 to change the date from August 9, 2005 to September 13, 2005. Member Irby moved to dispense with reading and approve Summary of Board Actions as corrected for November 8, 2005; seconded by Member Gamiotea. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried n L December 13, 2005 - CEB 2of4 460 17 AGENDA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. 05-089 Shannon Martin 703 S Parrott Avenue 05-137 Jerry Kemp 800 SW 2' Avenue Request for reduction of fine Chp 30 Sec 30-44 General Cleaning & Beautification (tabled from Nov. 8, 2005) CODE BOARD ACTION There were no request for the addition, deferral or withdrawal of items on today's agenda. Brooke Brown, Shannon Martin's sister, addressed the board stating at the time they received the notification for general cleaning and beautification it was never clarified for them exactly what needed to be done to bring the property into compliance, so they cleaned the property to the extent that they believed to be in compliance. She said in August Mr. Sterling had rechecked the property and told them it was in compliance except for the trash pile. Shannon Martin addressed the board stating it was not until October when she met again with Mr. Sterling that she learned the $25.00 per day fine was still continuing to accrue. Code Officer Sterling gave documented dates of re -inspections and the numerous phone calls made, but nothing was done to remove the trash pile until November 7, 2005 when he found them in compliance. Mr. Worley questioned Code Officer Sterling as to whether he had spoken to Brian Martin or Shannon Martin. It was determined that several times he had spoken to Brian Martin who's name is not listed on the property. Although Shannon Martin did receive four certified letters, after much discussion among the board it appeared there was some mis-communication. Mr. Worley stated that the only purpose of the Code Board was to make sure the property looked as if was kept up by enforcing the city ordinances. Member Gamiotea added it was not the intent of Code Board to try to make money. Member Gamiotea moved to recommend to City Council that the fine on Case #05-089 be reduced from $2,125.00 to $500.00; seconded by Member Castorina. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - No Hancock - No Motion Carried Code Officer Sterling stated Case # 05-137 was in compliance at this time. Member Gamiotea moved to remove Case #05-137 from the table; seconded by Member Irby. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried 461 December 13, 2005 - CEB Regular Meeting - Page 3 of 4 AGENDA CODE BOARD ACTION 05-137 Jerry Kemp 800 SW 2nd Avenue 05-136 Joe Louis Lawson 913 NW 10* Street 05-213 Joe Louis Lawson 700 Blk. NE 3rd St. Chp 30 Sec 30-44 General After further discussion it was decided that Case #05-137 was in compliance at the time it was tabled from the Cleaning & Beautification last meeting and the case should be dismissed. Member Gamiotea moved to dismiss Case #05-137; seconded by (continued from page two.) Member Castorina. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried Chp 30 Sec 30-41 Disabled Code Officer Sterling testified that he had been in contact with Mr. Lawson and he had a relative in Okeechobee Vehicles & Sec 30-44 General that was supposed to clean the property and remove the disabled truck but at this time nothing had been done. Mr. Cleaning Irby moved to find Case # 05-136 in violation of Chp 30 Sec 30-41 & Sec 30-44 and establish a fine of $25,00 per day commencing fourteen (14) days from December 13, 2005; seconded by Member Gamiotea. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried Chp 30 Sec 30-44 General Code Officer Sterling stated this property was overgrown and had not been cleaned. There was some confusion Cleaning as to the exact location of this property. Member Gamiotea moved to table Case #05-213 until the next regular meeting to give the board members a chance to look at the property; seconded by Member Revels. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried 1 AGENDA 05-205 Betty Jane Thompson 201 NE 11 m Street Chp 30 Sec 30-41 Disabled Vehicles & Sec 30-44 General Cleaning 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 ent. aL AA_ Mack Worley, Chairpers ATTEST- ., Sue Christopher, S retary December 13, 2005 - CEB CODE BOARD ACTION 4 of 4 Code Officer Sterling stated Betty Jane Thompson was deceased and he had been in contact with Ken Nichols who is Ms. Thompson's son-in-law. Mr. Nichols is in the process of cleaning the property and should be finished within the next week. Member Gamiotea moved to table Case #05-205 until the next regular meeting; seconded by Member Irby. Worley - Yes Gamiotea - Yes Irby - Yes Castorina - Yes Revels - Yes Hancock - Yes Motion Carried Code Officer Sterling gave and update on Case #04-173 stating the debris from the demolished trailer had been piled beside the road but he didn't know if Waste Management would pick this up or not. This case has been approved by City Council to begin foreclosure if the debris is not removed. Attorney Cook gave an update on Marvin Brantley stating Chief Smith would be reinspecting the property once a month and if it is found out of compliance at any time it will go directly back before the Court. Chief Smith gave testimony that he had spoken with Mr. Brantley and told him they would be checking his property every thirty days. There being no further items on the agenda Chairperson Worley adjourned the meeting at 8:10 p.m. The next regular Code Board Meeting is scheduled for Tuesday, January 10, 2006.