2007-09-111
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CITY OF OKEECHOBEE
SEPTEMBER 119 2007 REGULAR CODE ENFORCEMENT BOARD MEETING
AGENDA
CALL TO ORDER - Chairperson:
September 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 R. Cook
Fire Chief/Code Enforcement Officer Herb Smith
Code Enforcement Officer Sammy Hancock
Code Enforcement Officer Fred Sterling
Board Secretary Sue Christopher
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve
the Summary of Board Action for the July 10, 2007
Regular Meeting.
SUMMARY OF BOARD ACTION
PAGE I OF 4
BOARD ACTION - DISCUSSION -
September 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 (Heather Hancock filled the seat for Member Castorina)
Present
Absent without consent (Penny Revels filled the seat for Member Montesi)
Present
Present
Present
Present
Present
Absent
Present
Absent
Present
Member Irby moved to dispense with the reading and approve the Summary of Board Action for July 10, 2007; seconded by
Member Nelson.
VOTE
WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES MONTESI -ABSENT
NELSON -YES SWEDA - YES HANCOCK - YES REVELS - YES
MOTION CARRIED.
526
JGP/7
SEPTEMBER 11, 2007 - CEB REGULAR MEETING - PAGE 2 OF 4
II AGENDA III BOARD ACTION - DISCUSSION - VOTE II
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on III
There were no requests 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 Hancock:
No. 07-054
Ventura Arroyo. 911 NW 5'h Street
Ch. 70: Sec. 70-302 Permit
No. 07-077
William Rose. 928 SW Park Street
Ch 50 Sec 50-32 License tax imposed & Ch 70 Sec 70-251
Permit required.
Code Officer Hancock testified this case had been referred by the building department for a shed built without a permit. Mr.
Santibinez and his daughter, Anna, addressed the Code Board on behalf of Ventura Arroyo stating part of the shed was there
when they purchased the property. Chairperson Worley explained to Mr. Santibinez that he either needed to get a permit or
remove the shed. After some discussion, Member Irby moved to postpone Case 07-054 until the next regular meeting; seconded
by Member Nelson.
VOTE
WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES MONTESI - ABSENT
NELSON -YES SWEDA - YES HANCOCK - YES REVELS - YES
MOTION CARRIED.
Code Officer Hancock testified Mr. Rose had received notification that he needed an occupational license for each business
at this location and a permit for each sign but at this time he has not come into compliance. There was some discussion
regarding an effective way to enforce violations for operating without an occupational license. Member Irby moved to find
Case #07-077 in violation of Ch 50 Sec 50-32 License tax and Ch 70 Sec 70-251 Permit required, imposing a twenty-five dollar
per day fine to begin fourteen days from September 11, 2007; seconded by Member Revels,
VOTE
WORLEY - YES GAMIOTEA - ABSENT CASTORINA - ABSENT IRBY - YES MONTESI - ABSENT
NELSON -YES SWEDA - YES HANCOCK - YES REVELS -YES
MOTION CARRIED.
1
SEPTEMBER 11, 2007 -CEB REGULAR MEETING - PAGE 3 OF 4
AGENDA BOARD ACTION DISCUSSION - VOTE
B. Review of cases currently being fined. Attorney Cook gave an update on the cases currently being fined. He said the law suit is read to be filed
Case 07-172
John and Susan Hanner. He informed the board Case 06-108 Building Blocks should now be able to obta nnan occup t ona
license which would bring them into compliance. Also, Attorney Cook stated he had discussed the small amount owed on CasE
06-144 Shannon Martin with the City Administrator. They determined it would not be cost effective to file a law suit but insteac
collect the fine when the property is sold.
The code board discussed Case 07-026 Chad Jenkins & Adelin Hauser which has been under a fifty dollar per day fine more
than ninety days. Member Irby moved to recommend City Council proceed with foreclosure for the amount of the fine including
court cost and fees; seconded by Member Nelson.
VOTE
WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES
MONTESI -ABSENT
NELSON -YES SWEDA - YES
HANCOCK •YES REVELS •YES
MOTION CARRIED.
There was further discussion regarding Case 07-014 Okeechobee -FL Properties which has also been under a fifty dollar per
day fine more than ninety days. Member Hancock moved to recommend City Council proceed with foreclosure for the amount
of the fine including court cost and fees; seconded by Member Revels.
VOTE
WORLEY - YES GAMIOTEA - ABSENT CASTORINA -ABSENT IRBY - YES
NELSON -YES SWEDA - YES HANCOCK - YES MONTESI -ABSENT
MOTION CARRIED. REVELS -YES
529
SEPTEMBER 11, 2007 - CEB REGULAR MEETING - PAGE 4 OF 4
AGENDA
ADJOURNMENT - CHAIRPERSON WORLEY.
Ll
Mack Worley, ChairpersonK
AT ST:
LkAl
Sue Christopher, Board S cretary
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.
BOARD ACTION - DISCUSSION - VOTE
THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON WORLEY ADJOURNED THE MEETING AT
7:53 P.M.
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 #13501
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 09/06/2007
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.
Iam(Y9A. Hughes, Jr., (Publisher) U "
Sworn to and subscribed before me
this day of 2d(�
A. D. 2007
CITY CODE ENFORCEMENT
BOARD MEETING
NOTICE IS HEREBY GIVEN that the City
of Okeechobee Code Enforcement Board.
Meeting on Tuesday, September 11, 2007, at
7:00 p.m City Hall, 55 SE 3rd Ave, Rm 200,
Okeechobee, Florida. The public is invited and
encouraged to attend. For a copy of the agenda
contact Sue Christopher at the City Fire
Deparunent 763-4423.,
PLEASE TAKE NOTICE AND BE ADVISED
that if any person desires to appeal any decision,
made by the Code Enforcement Board .with
respect o my matter ronsidered at this meeting,
such interested person will need a record of the
proceeding's, and for such purpose may aced 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 Department.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing special
accommodation to participate in this proceeding
should contact Sue Christopher no later than
two (2) working days prior to the proceeding
at 863-7634423; if you are hearing or voice
impaired, call TDD I-800-222-3448 (voice) or
1-888-447-5620 (T'TY).
by: Mack Worley, Jr.,
CODE BOARD CHAIRPERSON
Sue Christopher, Board Secretary
Publish: 09/062007
Okeechobee Tines
(SEAL) Notary Public Roseatee A, Brennan
commission #DD318483
- ~` °),-Q,Q_ Expires: JurJ 25, 2008
'-9,•...�Bondedi7lnl
_Ntlantic Bonding Co., Inc.
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
SEPTEMBER 1112007 OFFICIAL AGENDA
PAGE 1 OF 2
I. CALL TO ORDER - Chairperson: September 11, 2007 Regular Meeting, 7:00 p.m.
II. PLEDGE OF ALLEGIANCE - Chairperson.
III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Mack Worley ✓
Vice Chairperson Jamie Gamiotea A
Board Member Bea Castorin A -- Hep r'
Board Member Frank Irby .
Board Member Marsha Montesi - PeAl ny
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 A -
Code Enforcement Officer Fred Sterling A -
Secretary Sue Christopher ✓'
6CkMy 14041 �
IV. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of Board Action for the July 10, 2007 Regular
Meeting.
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
07-054 Ventura Arroyo
911 NW 5' Street
07-077 William Rose
928 SW Park Street
VII. REVIEW OF CASES CURRENTLY BEING FINED.
VIII. ADJOURN MEETING - Chairperson.
Violation
Ch 70 Sec 70-302 Permit
Ch 50 Sec 50-32 License tax imposed & Ch 70
Sec 70-251 Permit required
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
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City of Okeechobee
Code Board Meeting
September 11th, 2007
Ventura Arroyo
Case #07-054
05/29/2007 — Inspected property, un-permitted structure in back yard
05/30/2007 — Building Department determined building needed to be taken dow
n
05/30/2007 — Wrote Notice of Violation
05/31/2007 — Notice received, signed for by Francisco Sentitane
06/18/2007 — Property owners were informed by city Engineer
that structure had to come down
06/26/2007 — Notice to Appear sent, signed for by Francisco Santilane
07/05/2007 — Inspected & photographed property, not in compliance
liance07/11/2007 — Building Department spoke to Mr. Arroyo, (daughter translated) advised
that he had to come in and apply for a building permit. Mr. Arroyo said he would.
07/19/2007 — Ins Inspectedproperty,s Y uld.
p poke to building department. Nothing done.
08/07/2007 — Inspected property, not done.
09/04/2007 — Inspected property, not done
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Case #07-077
Rose
07/ 19/2007 - Wrote Notice of Violation for no Business Tax Receipt occupational
license) for 2 business and un-permitted signs.
07/25/2007 — Mailed Notice of Violation.
07/27/2007 — Notice of Violation received, signed for by Mrs. Rose.
07/31 /2007 — Picked up permit application for 2 Aluminum Depot signs.
08/08/2007 — Returned permit application.
08/22/2007 — Permit issued for 2 Aluminum Depot signs.
08/09/2007 — Checked with city departments, not done.
08/23/2007 — Hand delivered Notice to Appear, signed for by Katherine Harsh.
09/04/2007 — Checked with city departments, not done.
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POOL ENCLOSU
Memorandum
To: Oscar Bermudez, City Engineer
From: Kim Barnes, Occupational Licenses
Date: April 3, 2006
Re: Occupational License Application
Attached you will find an Occupational License Application for: William Rose
Business Name: Aluminum Depot & Screen, Inc.
Type of Business: Retail Sales
Brief History: In building with Crazy Mary's
Please process the attached application, If you have any comments or concerns please
address them in memo or letter form, return the comments to me and I will pass them along
to the applicants.
Feel free to contact me if you have any questions.
Thanks!
Engineering Department/Approval: Date
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*1915� CityO Okeechobee
April 4, 2006
William T. Rose Jr.
Aluminum Depot & Screening
928 SW Park Street
Okeechobee, Fl. 34974
Dear Mr. Rose,
At the present time the engineering department is not able to approve your occupational license
application without submitting a site plan for the two buildings. Also if you wish to change the usage
of the warehouse area to commercial , additional parking spaces will need to be provided for the new
usage. (i.e .warehouse usage now requires 2 parking spaces, changing this to commercial will require
an additional 3 spaces, therefore the entire building will need to have 12 parking spaces available.)
Should you have any questions in this matter you can contact me at 863-763-3372, ext. 222 or
contact the city engineer at 863-763-3372 ext. 225.
Sincerely,
k�UVy� baA-ti-��
Kim Barnes
Occupational Licensq Specialist
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
r
City of Okeechobee
Brian Whitehall
July 24, 2006
William Rose, Jr.
6025 SE 30th Parkway
Okeechobee, FL 34974
RE: Occupational License:
Aluminum Depot
928 SW Park Street
Dear Mr. Rose,
•
Office of the City Administrator
It's my understanding that you do not have an Occupational License for the
Aluminum Depot store. This letter is to request the following in order to process
it..
1. Submittal of a site plan with the exact dimensions of the business building.
-The City will then determine appropriate parking requirement, along with
any other parameters associated issuing a license, including but not
limited to fire inspection.
2. Please advise as the date of opening the business.
3. Is the business engaged in contracting installation of materials sold?
- if so, does the business have appropriate licensing from the County?
4. Is Aluminum Depot acting as a storage facility for Crazy Mary's?
5. Please refrain from placing advertisement signs on the public right-of-way.
Thanks for your prompt attention to this matter!
C.. Licensing
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686
CODE ENFORCEMENT BOARD
6e ff-ernbw III lov-7
SEPTEMBER 11, 2007
Case No.
Name
Fine Started
90_ Days
04-025
Joe & JohnnyBrown
803 NW 12d' Street
$10/day 4/O1/OS
Code Board Action
6/29/05 3/8/05 -Imposed $10/day fine on 4/1/OS for overgrown
vegetation/debris from training bum.
rn
8/9/05 - Recommend to proceed with foreclosure (approved by City Council 8/16/05 )
9/12/06 - Recommend City Administrator declare roe
p a public nuisance
2/14/07 - In compliance as of 2/14/07- fine stopped.
04-026
Gloria /Mary Brown
800 Blk NW 12 St.
$10/day 12/15/04
3/15/05 11/9/04 - Imposed $10/day fine on 12/15/04 for overgrown vegetation
8/9/05 - Recommend to proceed with foreclosure (approved by City Council 8/16/05 )
9/12/06 - Recommend City Admmro pperly a public nuisance
strator declare
05-089
Shannon Martin
703 S Parrott Ave.
$25/day 8/15/05
11/15/05 7/12/05 - Imposed $25/day fine on 8/15/05 for general cleanin
.
11/8/05 - Found in compliance as of 11/7/05 g
12/13/05 - Recommend City Council reduce fine to $500.00 (Fine reduced by City Council to $500)
6/13/06 - Recommend City Council sue to
collect $500.00 fine. (Approved by City Council)
9/12/06 - Recommend City Attorney proceed with lawsuit for
06-144
Shannon Martin
remaining unpaid balance of $125
703 S Parrott Ave.
7/11/06 - Imposed $50 administrative fee for non compliance with Sec. 30-44 e
general cleaning.
06-172
John & Susan Harmer
1002 SE 8�' Drive
$250/day 8/09/06
11/7/06 9/12/06 - Imposed $250/day fine beginning 8/9/06 (date notice received for
)
en
g eral 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 2nd Avenue
$1/day 12/06/06
3/05/07 8/08/06 posed $1/day fine beginning 12/6/06 for operating without an occupational
-Imlicense.
07-014
Okeechobee -FL Prop.
2000 Blk. S. Parrott
$50/day 4/19/07
7/17/07 4/10/07 - Imposed $50/day fine beginning 4/19/07 for
overgrown ass and cleaning.
grass amng
07-026
Jenkins & Hauser
1104 SE 8v' Drive
$50/day 4/18/07
7/16/07 4/10/07 - Imposed $50/day fine beginning 4/18/07 for general cleaning
g & disabled vehicle.
G\�y. OF ' Oko
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1915a; Cityof Okeechobee
September 11, 2007
John Cassels Esq.
400 N.W. 2nd St.
Okeechobee, Fl. 34972
re: Brantley liens
John:
At your request, I have computed the balances due by Marvin Brantley on his properties
as a result of code board liens, which were reduced to a final consent judgment effective June 30,
2005 in case no. 2004-CA-309.
The five separate parcels against which liens attached total $58,750.00, and two
enforcement hearings resulted in attorney fees awards of $500.00 and $250.00, which brings the
total sum due to $59,500.00, with a current balance of -
Principal: $59,500.00
Interest @ 7% 9,162.23
( per diem of $11.41 x 803 days)
Total due: $68,662.23
You will note that the final judgment awarded additional fees and costs, but the
Brantley's paid that already in 2005, so it is not reflected in these figures. As I mentioned, we
will hold these funds in escrow at the city to provide Mr. Brantley an opportunity to address the
code board on October 9' to see if he can persuade them to reduce any sums due under this lien;
in the meantime I will, upon receipt of the funds, file a satisfaction of judgment in 2004-309 CA
so you may proceed to closing. Also note that this payoff is good through September 11 with the
per diem accruing thereafter until payment.
Kindest Regards,
� 11
John R. Cook
City Attorney o ',
1� LI
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
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