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2008-02-12CITY OF OKEECHOBEE 546 ,GENDA FEBRUARY 12, 2008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION BOARD ACTION - DISCUSSION - VOTE PAGE I OF 4 person: III February 12, 2008 Code Enforcement Board meeting was called to order at 7:02 p.m. by Vice Chairperson Gamiotea. r Meeting, 7:00 p.m. 'ice Chairperson, ►FF ATTENDANCE - Board Secretary Absent with consent (Vice Chairperson Gamiotea filled the seat for Chairperson Worley) imiotea Present ina Present Absent with consent ntesi Present son Absent without consent (Penny Revels filled the seat for Member Nelson) eda Absent with consent Hancock Absent with consent evels Present Absent nt Officer Herb Smith Present -red Sterling Present ;opher Present ispense with the reading and approve Member Castorina moved to dispense with the reading and approve the Summary of Board Action for January 8, 2008; iry of Board Action for the January 8, seconded by Member Revels. lar Meeting. III VOTE WORLEY - ABSEMT GAMIOTEA - YES CASTORINA - YES IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS -YES MOTION CARRIED. 547 FEBRUARY 12, 2008 - CEB I 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on III Code Officer Sterling requested the withdrawal of #08-002 Okeechobee Plaza Properties an today's agenda. 1 from today's agenda. Both cases are in compliance at this time. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling and Fire Chief/Code Officer Smith: No. 07-136 Code Officer Sterling testified the property had been cited in October 2007 and notice had b Dan Buchanan. 801/805 NW 8' Avenue disabled vehicles, cleaning and improper storage of oil in barrels. He stated he had spoken Ch 30 Sec 30-41 Disabled vehicles & Sec 30-43 Public occasions and each time he said he would clean up the property. Code Officer Sterling sail nuisance the property and the Department of Environmental Protection was in the process of citing the Member Montesi moved to find #07-136 Dan Buchanan in violation of Ch 30 Sec 30-41 Dist Public nuisances allowing until February 28, 2008 to come into compliance after that time a be imposed; seconded by Member Castorina. VOTE WORLEY - ABSENT GAMIOTEA - YES CASTORINA - YES IRBY - AB NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - MOTION CARRIED. No. 07-137 Code Officer Sterling testified notice had been posted on the property for mowing and cleanir Dan Buchanan. 800 Blk NW 101h Street the Code Officer he had arranged to have someone mow the property. Code Officer Sterlirn Ch 30 Sec 30-44 General cleaning and beautification begun to mow but didn't get very far. Code Officer Sterling testified at this time the property Montesi moved to find #07-137 in violation of Ch 30 Sec 30-44 General cleaning and beautific 2008 to come into compliance after that time a fine of $50.00 per day would be imposed; sei GENDA FEBRUARY 12, 2008 -CEB REGULAR MEETING - PAGE 3 OF 4 ACTION - DISCUSSION - VOTE VOTE i0 Blk NW 10' Street WORLEY - ABSENT GAMIOTEA - YES CASTORINA - YES IRBY - ABSENT MONTESI - YES 3eneral cleaning and beautification NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES ige two) MOTION CARRIED. Fire Chief/Code Officer Smith addressed the board stating he had done an inspection on Joey's Pizza in March 2007. At �,y's Pizza. 107 SW Park Street that time he found an opening had been made in the wall for access to the unit next door in order to expand the seating )ccupational License & Ch 70 capacity. However, this was done without a permit from the building department. When this expansion was done it increased the seating from 50 people to approximately 100 people. Once the seating was increased it changed the building code classification from mercantile to assembly which requires a two-hour fire separation wall between the businesses on each side. Because of the cost involved to put in two-hour fire walls, the business owner gave written notice on November 9, 2007 he would return the restaurant to it's original size and seating capacity. However, at this time he is still using the area for extra seating. The business owner has recently been in to talk to the building official, Ray Schaub, stating he planned to resolve the construction issues for fire wall separation, but nothing has been done. Since the building issues have not been resolved the business can not be issued a business tax receipt (occupational license). Vice Chairperson Gamiotea advised the Code Board according to Attorney Cook the board does not have the authority to make a business get a license. The only enforcement power the board would have is to impose a fine or make a recommendation to the City Administrator to take action. Member Montesi moved to find #08-003 in violation of Ch 50 Sec 50-32 License tax and Ch 70 Sec 70-302 Permit, imposing a fine of $250.00 and recommending the City Administrator take the necessary action to resolve the Fire Code and Building Department violations; seconded by Member Castorina. VOTE WORLEY - ABSENT GAMIOTEA - YES CASTORINA - YES IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. rLY BEING FINED. III At this time the status has not changed on any cases currently being fined. J FEBRUARY 12, 2008 - CEB 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE ADJOURNMENT - VICE CHAIRPERSON GAMIOTEA. Jamie Gamiotea, Vice Chairperson ATT�T: t a Sue Christopher, Board Secr tary 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. THERE BEING NO FURTHER ITEMS ON THE AGENDA, VICE CHAIRPERSON GAMIOTE AT 7:45 P.M. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of i��iC` r t t�kt N)" L4 CITY CODE ENFORCEMENT BOARD MEETING NOTICEIS HEREBY GIVEN that the City of Okeechobee Code Enforcement Board reting will be on 7besday, Febru 12, 2008, at 7:00 p.m. City Hall, 55 SE 3rd e, Rm 200, Okeechobee, Ronda. The public is invited and encouraged to attend. r a coppy of the agenda contact Sue Christopher at the City Fire Department 3-4423. PLEASE TAKE NOTICE AND BE ADVISED that I any person desires to appeal arartyry cision made by the Code Enforcement Board with respect to any matter consld ed at this meeting; such interested, person will need a record of the proceedings, id for such purpose may need to ensure a verbatim record of the proceedings is ado, which record includes the testimony and evidence upon which the appeal is be based. Media is for the sole purpose of back-up for official records of the Fire ;ppartinenc In accordance with the Americans with Disabilities Ad (ADA) and Florida Statute 36.26, persons with disabilities needing special accommodation to participate in is proceeding should contact Sue Christopher no later than two (2) working days for to the proceeding at 863-763-4423; tl you are tearing or voice impaired, call in the 19th Judicial District of the Circuit Court of Okeechobee TOD 1-800- 22-3448 (voice11 or i-888-447-5620 Iby: Mack Worley, JE, CODE BOARD CHAIRPERSO County, Florida, was published in said newspaper in the issues 260Sue Gh u1p0/OS Board Secretary of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week 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 she 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. I v H�@ Sworn to and;subscribed before me thistD_ t'L "RCommission # DD5053'da of tC4 'Li zoJL ff Expires January 10, 2010 y pF p1.� Bonded Troy Fain insurance Inc 800-385-7019 N ry Public, State of Florida at Large CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD FEBRUARY 12, 2008 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: February 12, 2008 Regular Meeting, 7:00 p.m. ]IF," II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Mack Worley A Vice Chairperson Jamie Gamiotea Board Member Bea Castorina Board Member Frank Irby 14 Board Member Marsha Montesi ✓ Board Member Andrea Nelson �%' o, a n5c_� Board Member Rennae Sweda (� Alternate Member Heather Hancock,A Alternate Member Penny Revels Board Attorney John Cook A Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Secretary Sue Christopher V IV. MINUTES -Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 8, 2008 Regular Meeting. y ,� V. AGE NDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling 5-n(44'L Case No. Name S Address Violation 07-136 Dan Buchanan Ch 30 Sec 30-41 Disabled vehicles and Sec 30-43 801/805 NW 8' Avenue Public nuisances 07-137 Dan Buchanan Ch 30 Sec 30-44 General cleaning and beautification 800 Blk NW 10'hStreet 08-002 Okeechobee Plaza Properties Ch 50 Sec 50-32 License tax & Ch 70 Sec 70-302 Permit 204 SW 7' Avenue 08-003 Frank Altobello/Joey's Pizza Ch 50 Sec 50-32 License tax & Ch 70 Sec 70-302 Permit 107 SW Park Street 08-005 Jose & Debra Leon Ch 50 Sec 50-32 License tax 604 NW 15" Street VII. REVIEW OF CASES CURRENTLY BEING . VIII. ADJOURN MEETING - Chairperson. 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 Cc Al, v -003`` 9 CODE ENFORCEMENT BOARD Exh.;h;+ 41 February 12, 2008 fe-bruaeX 19-i QmS Case No. Name Fine Started 04-025 Jo9p Days *********************************** e & Johnn B y rown $10/day 4/01/05 6/29/05 Code Board Action 803 NW 12`h Street 3/8/05 - Imposed $10/day fine on 4/1/05 for overgrown vegetation/debris from training burn. 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/OS 9/04 -Imposed $10/da fine o 800 Blk NW 129' St. 11/y n 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 Adminstrator declare property a public nuisance 06-172 John & Susan Hanner $250/day 8/09/06 11/7/06 9/12/06 -Imposed $250/da fine 1002 SE 8`�' Drive y 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) 07-014 Okeechobee -FL Prop. $50/da 2000 Blk. S. Parrott y 4/19/07 7/17/07 4/10/07 - Imposed $50/day fine beginning 4/19/07 for overgrown grass and n. 9/11/07 - Recommend to proceed with foreclosure not approved by Ci Council )g pp - In compliance as of 10/19/07 -fine stopped tY 07-026 Jenkins &Hauser $50/day 4/18/07 7/16/07 1104 SE 8u' Drive 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 posed $25/day 928 SW Park Street 9/11/07 - Imposed fine beginning 9/26/07 for occu ational licenses & si 1/08/08 - Recommended to proceed with foreclosure p gn permits - In compliance as of 1/15/08 - fine stopped .r QCity of Okeechobee *7915* Fire Department Y13/2007 Ray Building Department City of Okeechobee Joeys Pizza 109 SW Park Street RE: Request to increase occupancy load and use of adjoining unit Inspection was conducted on the above business and several items were addressed at that time. The one item that I wanted the building department to investigate involves the fire separation between occupancies. There appears to be a fire wall between the existing "Mikes Guns" occupancy and the restaurant. The west side of the proposed unit does not have a fire wall separation between the restaurant and the business office next door. I request your determination of the fire separation. Thank you, X/44W, Herb Smith Fire Chief/Marshal Okeechobee FD 55 S.E. Third Avenue . Okeechobee, Florida . 34974-2932 . 863-467-1586 . Fax: 863-763-4489 City of Okeechobee LL � Code 4Fnforcement July 30, 2007 Frank Altobello PO Box 417 Okeechobee, FL 34973 Re: Joey's Pizza Dear Mr. Altobello: This letter is in reference to our conversation on July 18, 2007. At this time there has been no application for the fire wall at Joey's Pizza. It is imperative this be done as soon as possible. Joey's Pizza has been operating without a Business Tax Receipt (Occupational License) since October of 2006. The City will not be able to renew the Business Tax Receipt until all the construction issues are brought into compliance. Please have Joey's Pizza contact the building department at 763-3372 extension 217 to resolve this matter. Thank you for your help in bringing a speedy conclusion to this situation. Sincerely, red Sterling Code Enforcement Officer (863) 357-1971 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 JOEY'S SUPREME PIZZA 107 S.W. PARK STREET OKEECHOBEE, FL. 34974 TO WHOM IT MAY CONCERN: NOVEMBER 8,2007 I, FRANK VIGNONE, OWNER OF JOEYS PIZZA, WILL BE CLOSING THE WALL BACK TO ITS ORIGINAL STATE BETWEEN THE TWO ROOMS. FURTHERMORE, I WILL BE RETURNING THE STORE AT 109 S.W. PARK STREET TO THE CURRENT LANDLORD, THEREFORE RESTORING JOEY' S PIZZA TO ITS ORIGINAL SIZE AND SEATING. SINCERELY, FRANK VIGNONE r INSPECTION REPORT MUMCPALTY Okeechobee, FL Building Department 55 S. E. Third Ave. Okeechobee, FL 34974 (863) 763-3372 Ext. 216 APPLICANT: Frank Vignone dba Joey's Supreme Pizza 5410 NW Emblem St. PSL, FL 34983 Application for Business Tax License expansion into a second unit with approximately 1200 square foot at 107 SW Park St. Okeechobee, Florida. Findings by Code Official. Upon inspection, of January 26, 2007, I observed a opening in the west wall opened to the unit adjacent to Joe's Pizza.. While there, I noticed an electrician was doing work with -in the space above the dropped ceiling. I informed him to obtain a permit, (of which he complied at a later date and passed necessary inspections). Mr. Vignone is presently operating with -in a use group M (Mercantile) which limits the occupant load of 50 including work staff. With the expansion into the next unit, the use group changes from M to A-2 Assembly. The occupant load will increase based on 15 square foot per occupant and will require 2 hr. fire resistance rated wall on each side of the occupied space to provide life safety and well being of occupants. In conclusion, it is required of Frank Vignone to vacate business at this location or comply with all Florida Building Codes as related to the use of his business. Raymond L. Schaub CBO Okeechobee, Florida Date, Nov. 7, 2007 OF ' O/r.- rn ti� ?om IL 0 1915A City of Okeechobee February 12, 2008 MEMO ch. 205 business tax (occupational licenses) The use of code enforcement to enforce collection of business tax fees (formerly occupational licenses) has always been a difficult process; the real enforcement remedy is built into the ordinance that permits the city administrator to commence revocation of the right of the business to keep the doors open, but we have rarely used that. I have attached a copy of the statute that concerns late payment of the fees, and if the code board wishes to engage in enforcement of collection of these fees, I would suggest that we do not exceed the penalties in this section of the statute, which is similar to our code section 50-43, and which is: 1. up to 25% of the total fees due, plus a $75.00 surcharge; or 2. up to $250.00, providing the tax has been unpaid in excess of 150 days from October IS'. Your next question would be how do we either make them get a license and/or pay the fine? This board cannot make them get a license; that process would have to go through the city administr4tor; ouT only repourse on coiiepting the fine would be to �iie a lien} in }e publicrecofds, 01 s}le 9 bus}hp�§ owner in small cl4iln ,court pX a n'oneY lud ent 11 J. Cook v � 1 u Q 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 t Statutes & Constitution :View Statutes :->2007->Ch0205->Section 053 : Online Sunshine Page 1 of 1 Select Year: 2007 Go The 2007 Florida Statutes Title_XIV Cha er 205 View Entire Chapter TAXATION AND FINANCE LOCAL BUSINESS TAXES 205.053 Business tax receipts; dates due and delinquent; penalties.-- (1) All business tax receipts shall be sold by the appropriate tax collector beginning July 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Provisions for partial receipts may be made in the resolution or ordinance authorizing such receipts. Receipts that are not renewed when due and payable are delinquent and subject to a delinquency penalty of 10 percent for the month of October, plus an additional 5 percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the business tax for the delinquent establishment. (2) Any person who engages in or manages any business, occupation, or profession without first obtaining a local business tax receipt, if required, is subject to a penalty of 25 percent of the tax due, in addition to any other penalty provided by law or ordinance. (3) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required business tax within 150 days after the initial notice of tax due, and who does not obtain the required receipt is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. History.--s. 1, ch. 72-306; s. 1, ch. 73-144; s. 40, ch. 83-204; s. 7, ch. 93-180; s. 10, ch. 2006-152; s. 1, ch. 2007-97. Copyright ©1995 2007 The Florida Legislature • Pliv�ry_ S atemmennt • CoLltast Us http://www.leg. state. fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search_ String... 2/12/2008 Exhlf ;w f February ! 2, 2,ao Z City of Okeechobee Code Board Meeting February 12, 2008 n Dan Buchanan Case #07-136 • 10/25/2007 — Inspected & photographed property, wrote Notice of Violation. • 11/01/2007 — Posted Notice of Violation. • 11/28/2007 — Inspected & Photographed property. Im 0 I�1 I ell, I r- Ilk Z m pv�o t I 1 IJ t� �� ♦ � K� Wit' t 1 r.. . -: r PLO Case #08-005 Frank Altabello/J Pizza • 01/07/2008 — Building Department requested we send Violation due to the fact that the had them Notice of y not submitted plans for a firewall separating Joe's Pizza & Glades Gas & Mikes Gun Shop. • O1/08/2008 —Hand delivered Notice of V' p Joe's Pizza. Violation to Mr. Altabello and Frank at • 01 /24/2008 — Hand delivered Notice to Appear to Mr. which was signed for by Karen Sweat. p •Altabello &Joe's Pizza • 01/25/2008 — Mr. Mike O'Connor came by and said h Altobello, had him speak to the building inspector. e was representing Mr. O1/29/2008 —Frank from Jo ' p e s Pizza came by and explained to him that he would have to see Ray, our building inspector. He state firewalls, he would close up the second store. d if he had to put up 2