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2007-12-11U CITY OF OKEECHOBEE DECEMBER I I, 2007 REGULAR CODE ENFORCEMENT BOARD MEETING AGENDA CALL TO ORDER - Chairperson: December 11, 2007 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Board Secretary. Chairperson Mack Worley Vice Chairperson Jamie Gamiotea Board Member Bea Castorina Board Member Frank Irby Board Member Marsha Montesi Board Member Andrea Nelson Board Member Rennae Sweda Alternate Member Heather Hancock Alternate Member Penny Revels Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher SUMMARY OF BOARD ACTION ACTION - DISCUSSION - VOTE December 11, 2007 Code Enforcement Board meeting was called to order at 7:04 p.m. by Chairperson Worley. Present Absent with consent Absent with consent Present Present Absent with consent (Penny Revels filled the seat for Member Nelson) Absent without consent Absent with consent Present Present Absent Present Present PAGE 10F 4 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve Member Montesi moved to dispense with the reading and approve the Summary of Board Action for October 9, 2007; the Summary of Board Action for the October 9, seconded by Member Irby, 2007 Regular Meeting. 11 VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES MONTESI - YES NELSON -ABSENT SWEDA-ABSENT HANCOCK-ABSENT REVELS -YES MOTION CARRIED. 538 DECEMBER 11, 2007 - CEB REGULAR MEETING - PAGE 2 OF 4 11 AGENDA II BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on III There were no request for the addition, deferral or withdrawal of items on today's agenda. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: No. 07-093 Code Officer Sterling testified Mr. Arnold had been in violation for several months and was given an extension of time to clean Michael Arnold.1007 N Parrott Avenue up property. However, it was not in compliance until today. Member Montesi moved to find Case 07-093 Michael Arnold in Ch 30 Sec 3041 Disabled vehicles & 3044 General violation of Sec 30-41 and Sec 30-44 from June 13, 2007 until December 11, 2007 when he was found in compliance, he is to cleaning and beautification. be considered a repeat violator and this case will be dismissed; seconded by Member Revels. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. No. 07-109 Code Officer Sterling testified he had been unable to contact the property owners by certified mail and had posted notice on David & Kim Black. 811 SE 9t' Avenue the property. He said it was in violation from September 17, 2007 until December 3, 2007. Member Irby moved to find Ch 30 Sec 30-44 General cleaning and beautification Case 07-109 David & Kim Black in violation of Sec 30-44 beginning September 17, 2007 being found in compliance on December 3, 2007, assessing an administration fee including all cost incurred. David & Kim Black will be considered repeat violators and this case will be dismissed; seconded by Member Montesi. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS -YES MOTION CARRIED. 540 II AGENDA No. 07-126 Rocky & Virginia White. 508 SW 9" Street Ch 30 Sec 3040 Junk No. 05-262 Harrison O'Connor.1300 Blk. SW 10`h Drive Request for fine reduction ($4,300) 1 VII. REVIEW OF CASES CURRENTLY BEING FINED. 'J DECEMBER 11, 2007 -CEB REGULAR MEETING - PAGE 3 OF 4 - DISCUSSION - VOTE Code Officer Sterling testified he had talked with Mr. White, he told the Code Officer he intended to enclose the carport so the junk would not be visible, however he has never applied for a permit and nothing has been done to clean up the area. Member Revels moved to find Case 07-126 Rocky & Virginia White in violation of Sec 3040, imposing a fine of fifty dollars per day commencing upon certified receipt of notification, including administration fee & cost; seconded by Member Irby. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES NELSON - ABSENT SWEDA - ABSENT HANCOCK - ABSENT MONTESI -YES MOTION CARRIED. REVELS -YES Code Officer Sterling gave some background information on this case which had come before the board on April 11, 2006. At that time the Board voted to allow Mr. O'Connor until June 7, 2006 to come into compliance by removing commercial vehicles from a residential area. The code officer testified it was not in compliance until August 3, 2006. Therefore the fine accrued for fifty-seven days at $75.00 per day totally $4,300.00 (including $25.00 administration fee). Mr. O'Connor addressed the Board stating he was not aware he had a fine until he tried to renew a loan. When he came into the Code Enforcement office he was told verbally the amount of the fine was $2,275.00. However it was later discovered an error had been made and the correct amount of the fine was $4,300,00. He added he did not receive notice of the corrected amount until the day before the meeting. He felt the reason the fine had accrued for so long was because a grader had been left on the property since he intended to use it to finish some work. After a lengthy discussion, Member Montesi moved to leave the amount of the fine at $2,275.00 which was the amount given to the mortgage company that is being held in escrow, and Mr. O'Connor will now be considered a repeat violator; seconded by Member Revels, VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA - ABSENT IRBY - YES NELSON - ABSENT SWEDA - ABSENT HANCOCK - ABSENT MONTESI •YES MOTION CARRIED. REVELS -YES There was no change in the status of cases currently being fined at this time. ArA1 'l fi* DECEMBER 11, 2007 - CEB REGULAR MEETING - PAGE 4 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II ADJOURNMENT - CHAIRPERSON WORLEY. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON WORLEY ADJOURNED THE MEETING AT itJ� 8:25 P.M. Mack Worley, Chairperson ATTESL- Sue Christopher, Board Secfetary PLEASE TAKE NOTICE AND BE ADVISED that when 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. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a City Code Enforcement Board Meeting Notice PO #013540 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 12/06/2007 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Ct _ James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me this day of A. D. -20M (SEAL) Notary Public Mseafee A. Brennan Comnussion ##DD318483 Expires: Jun 25, 2008 Bonded Thra Aalantic Bonding Co., Inc. CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforcement Board Meeting will be on Tuesday, fo 007, at 7:00 p.m. City Hall, 55 SE 3rd Ave, Ron 200. Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact Sue Christopher at the City Fire Depart- ment 763-4423. PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, such interested person will need record ofthe proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Media is for the sole purpose of back-up for official records of the Fire De- partment. In accordance with tine Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceed- ing should contact Sue Christopher no later than two (2) working days prior to tite proceeding at 863-763-4423; if you are hearing or voice im- paired, call TDD 1-800-222-3448 (voice) or I- 888-447-5620 (TiY). by: tvfack rley, Jc, CODE BWoOARD CHAIRPF,RSON Sue Christopher. Board Secretary Publish: 12/06r'2()07 Okeechobee Times ------------------------ CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD DECEMBER 11, 2007 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Chairperson: December 11, 2007 Regular Meeting, 7:00 p.m. _7 `W II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Mack Worley Vice Chairperson Jamie Gamiotea �X Board Member Bea Castorina Board Member Frank Irby ✓ Board Member Marsha Montesi ✓ ' d Board Member Andrea Nelson A Board Member Rennae Sweda Vim. Alternate Member Heather Hancock Alternate Member Penny Revels Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling ✓ Secretary Sue Christopher IV. MINUTES -Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 9, 2007 Regular `fn`���`''°��`"- a, Meeting. Ill' T�/Kj 2 V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 07-093 Michael Arnold 1007 N. Parrott Avenue 07-109 David & Kim Black 811 SE 9" Avenue 07-126 Rocky & Virginia White 508 SW 9" Street 05-262 Harrison O'Connor 1300 Blk SW 101h Drive VII. REVIEW OF CASES CURRENTLY BEING FINED. Vill. ADJOURN MEETING - Chairperson. 0c��03 Violation Ch 30 Sec 30-41 Disabled vehicles & Sec 30-44 General cleaning and beautification Ch 30 Sec 3044 General cleaning and beautification Ch 30 Sec 30-40 Junk Request for fine reduction ( — C� 36sZ) PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City 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. Code Enforcement Board media is for the sole purpose of backup for official records of the Fire Department, PAGE 2 OF 2 Case #07mO93 Michael R. Arnold 1007 N Parrott Avenue CASE #07-093 Michael R. Arnold 06/13/2007 — Inspected & photographed property 06/18/2007 — Wrote Courtesy Letter about Four (4) disabled vehicles. 06/28/2007 — Mr. Arnold called, requested more time to correct problem, gave extension till 7/16/2007 07/13/2007 — Mr. Arnold called, said he had been ill and requested more time, gave extension till 07/31/2007 08/06/2007 — Called Mr. Arnold, Left Message. He returned call & requested additional time, said it should be done next week. Gave extension till 08/20/2007 08/21/2007 — Wrote Notice of, Violation for Four (4) Disables Vehicles & General Cleaning 09/04/2007 — Inspected property not in compliance 09/06/2007 — Notice of Violation received, signed for by Mr. Arnold 09/20/2007 — Inspected & photographed property, not in compliance 10/08/2007 — Inspected property, not in compliance 10/18/2007 — Wrote Notice to Appear 11/06/2007 — Inspected property, not in compliance 11/13/2007 — Notice to Appear returned unclaimed, posted property s �.. ... -_ ` - � �.: WL17 OL ma �� wl 7 Ilk T Case #07-109 David KI*m Black 811S 91h Avenue Case #07-109 David & Kim Black • 08/27/2007 — Inspected property • 08/30/2007 — Wrote Courtesy Letter requesting property be mowed. • 09/17/2007 — Wrote Notice of Violation for overgrown vegetation. 09/18/2007 — Mailed Notice of Violation 09/24/2007 — Inspected property, not in compliance 10/09/2007 — Inspected property, not in compliance 10/12/2007 — Notice of Violation returned unclaimed 10/01/2007 — Not in compliance 10/015/2007 — Posted property 10/18/2007 — Re -mailed Notice of Violation to new address received from Thomas the property neighbor. 10/22/2007 — Inspected property, not in compliance 11/07/2007 — Notice of Violation returned unclaimed 11/13/2007 — Posted Notice to Appear 12/03/2007 — Inspected property, IN COMPLIANCE f � i\ � f 1 � r 3 is lei .:-: i • 3, t� L _F> _`"ram- • .w t 1 I I • -' _ Case #07-126 Rocky & Virginia White 508 SW 9t" Street Case #07-126 Rocky & Virginia White 08/27/2007 — Inspected & photographed property. 8/30/2007 — Sent courtesy letter.Ref. Section 30-40 Junk 08/31/2007 — Spoke to Mr. White, gave him extension till 09/28/2007 to come into compliance. 10/09/2007 — Wrote Notice of Violation. Section 30-40 Junk 10/12/2007 — Notice of Violation received, signed for by Virginia White. 10/22/2007 — Inspected property, not in compliance. 10/23/2007 — Mr. White called, he stated he would come in and see Ray Schaub in the building department. Gave him extension till 11/5/2007. 11/13/2007 — Inspected and photographed property, not in compliance. 11/20/2007 — Inspected property, not in compliance 11 /21 /2007 — Notice to Appear sent. 11 /24/2007 — Notice to Appear received, signed for by Rocky White. 2 . . E � } \ ®Imo- U -V 1: I r4 S", 0 'i I to pit Ate'- �4 1 --JIN -V T 91 r owl-, � � � �� >� 4+ ��k Xc.., 5. 7. A-Ir 'L I ow.! V 0 m 0 0 en Page Case #05-262 Harrison O'Connor 10/05/2005 — Inspected & Photographed property. This was pro -active. 10/06/2005 — Wrote Notice of Violation for Code # 54-51 A (2) Parking Commercial Vehicles in residential zone & damaged culvert on SW loth Drive. 10/02/2005 — Chief Smith made a courtesy phone call to Mr. O'Connor before Notice of Violation was mailed. 10/18/2005 — Mailed Notice of Violation. 10/21/2005 — Notice of Violation received, signed for by Terri O'Connor. Mr. O'Connor called and stated culvert was repaired and that he would move his equipment when he could find a safe place to put them. Culvert was not repaired, see letter of O110612006. 10/27/2005 — Inspected & photographed property. 11/03/2005 — Inspected property, not in compliance 11/15/2005 — Inspected and photographed property, observed dump trucks entering and leaving property. Piles of dirt on property. Not in compliance 11/17/2005 — Inspected property, not in compliance. Wrote Notice to Appear. 11/19/2005 — Notice to Appear received, signed for by Terri O'Connor. Note: Color stickers on synopses sheets coincide with color stickers on information sheets. Page 2 Case #05-262 Harrison O'Connor 11/22/2005 — Photographed property for meeting with Mr. O'Connor. Chief Smith and myself met with Mr. O'Connor, he stated that he is in the process of building 2 road extensions (131h &141h Street) on his property. He will move the equipment upon completion in 60 to 90 days. We asked him to send us a letter outlining his intentions. Site Plan Review was not approved until 0512412006. 01/06/2006 — Received letter from Mr. O'Connor that culvert would be repaired by 01/05/06 and requested an extension for moving his equipment. Gave 90 day extension. 02/22/2006 — Received complaint about commercial vehicles and huge trucks on Mr. O'Connor's property. 03/23/2006 — Wrote Notice to Appear 04/03/2006 — Inspected & photographed property, not in compliance 04/06/2006 — Notice to Appear received, signed for by Harrison O'Connor. 04/11/2006 — Mr. O'Connor Case #05-262 came before the Code Enforcement Board and was found not in compliance. A fine of $75.00 per day was imposed starting 06/07/2006 if not in compliance by that date. See copy of minutes. 05/24/2006 — Mr. O'Connor's proposal to extend SW 131h & 14th Street came before the Technical Review Committee and was approved if certain conditions were met. 06/07/2006 — Inspected and photographed property, not in compliance. Page 3 Case #05-262 Harrison O'Connor 06/09/2006 — Drove by property, heavy equipment was entering property. Spoke to Mr. O'Connor and he state the equipment was for road work we was about to start. No permit has been applied for or issued as of 12/06/2007. See letter from building department. 06/27/2006 — Inspected and photographed property, not in compliance. 07/13/2006 — Sent Mr. O'Connor a courtesy letter informing him that he was under a $75.00 a day fine and that it would continue until all commercial/industrial vehicles were removed and THE CODE OFFICER WAS CONTACTED. 08/03/2006 — inspected property, IN COMPLIANCE. 11/23/2007 — Mr. O'Connor came into the office and requested to be placed on the agenda for the December Code Enforcement Board meeting to request a reduction in the fine on the property located on SW loth Drive. 11/26/2007 — Notice of Hearing (request to appear before the Board) Mailed. 11/29/2007 — Notice of Hearing received, signed for by Teresa ?. 12/04/2007 — Checked with the Buildinz Department, they stated that Mr. O'Connor has never applied for a buildinz permit for the extension of SW 13th and 141h Streets. r �• R s C7�'�ir A t tj tart ir� •. � �_, - Z. 4 .r 'a � .r i7� lit op 74T *I 4f c 16 Wi JI, Y pew. j. "a • ai`j, 4 Al <` ' � ✓. �� •�M. .,mot v ! i i CODE ENFORCEMENT BOARD toe -ear n/ 2.b0-7 December 11, 2007 Case No. Name Fine Started 90_ Days Code Board Action 04-025 Joe & Johnny Brown $10/day 4/01 /05 6/29/05 3/8/05 - Imposed $10/day fine on 4/l /05 for overgrown vegetation/debris from training burn. 803 NW 12`h Street 8/9/05 - Recommend to proceed with foreclosure (approved by City Council 8/16/05) 9/12/06 - Recommend City Administrator declare property a public nuisance 2/14/07 - In compliance as of 2/14/07- fine stopped. 04-026 Gloria & Mary Brown $10/day 12/15/04 3/15/05 11/9/04 - Imposed $10/day fine on 12/15/04 for overgrown vegetation 800 Blk NW 12d' St. 8/9/05 - Recommend to proceed with foreclosure (approved by City Council 8/16/05) 9/12/06 - Recommend City Adminstrator declare property a nuisance public 06-172 John & Susan Hanner 1002 SE 8`h Drive $250/day 8/09/06 11/7/06 9/12/06 - Imposed $250/day fine beginning 8/9/06 (date notice received) for general cleaning and parking commercial vehicles in a residential area. - In compliance as of 10/16/06 - fine stopped. 1/09/07 - Recommend to proceed with foreclosure (approved by City Council 2/6/07) 06-108 Building Blocks 1811 SW 2°d Avenue $1/day 12/06/06 3/05/07 8/08/06 - Imposed $1/day fine beginning 12/6/06 for operating without an occupational license. 07-014 Okeechobee -FL Prop. $50/day 4/19/07 7/17/07 4/10/07 - Imposed $50/day fine beginning 4/19/07 for overgrown grass and cleaning. 2000 Blk. S. Parrott 9/11/07 - Recommend to proceed with foreclosure (not approved by City Council ) - In compliance as of 10/19/07 - fine stopped 07-026 Jenkins & Hauser 1104 SE 8`h Drive $50/day 4/18/07 7/16/07 4/10/07 - Imposed $50/day fine beginning 4/18/07 for general cleaning & disabled vehicle. 9/11/07 - Recommend to proceed with foreclosure (approved by City Council 10/2/07) - In compliance as of 10/5/07 - fine stopped 07-077 William Rose $25/day 9/26/07 12/24/07 9/11/07 - Imposed $25/day fine beginning 9/26/07 for occupational licenses & sign 928 SW Park Street permits