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2008-03-11CITY OF OKEECHOBEE MARCH 1112008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION 1GENDA Dn: leeting, 7:00 p.m. :hairperson. 1FF ATTENDANCE - Board Secretary. amiotea ina ntesi son ,eda Hancock ',evels ant Officer Herb Smith :red Sterling :opher - DISCUSSION - VOTE March 11, 2008 Code Enforcement Board meeting was called to order at 7:05 p.m. by Chairperson Worley. Present Absent with consent (Heather Hancock filled the seat for Member Gamiotea) Present Present Present Absent with consent (Penny Revels filled the seat for Member Nelson) Present Present Present Present Absent Present Present PAGE I OF 4 ispense with the reading and approve Member Castorina moved to dispense with the reading and approve the Summary of Board Action for February 12, 2008; iry of Board Action for the February 12, seconded by Member Hancock. lar Meeting. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA - YES IRBY - YES MONTESI - YES NELSON -ABSENT SWEDA - YES HANCOCK - YES REVELS -YES MOTION CARRIED. 550 J1 MARCH 11, 2008 - CEB 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 Case 08-014 from today's agenda due to today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No. 07-160 Arthur Raymond Davis. 601 NW 11th Avenue Ch 30 Sec 30-44 General cleaning and beautification No. 08-014 Louis, Jr. & Susan Doughty. 1207 SW 101h Drive Ch 70 Sec 70-251 Permit required Code Officer Sterling stated Mr. Davis had called him today and requested more time to get Montesi moved to postpone Case 07-160 Arthur Raymond Davis until the next regular meetir VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA -YES IRBY - YE; NELSON -ABSENT SWEDA - YES HANCOCK - YES REVELS - MOTION CARRIED. Code Officer Sterling testified Louis Doughty had applied for a building permit and was in co Member Sweda moved to find Case 08-014 Louis, Jr. & Susan Doughty in compliance as of testimony of Code Officer Sterling; seconded by Member Montesi, VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA - YES IRBY - YE! NELSON - ABSENT SWEDA - YES HANCOCK - YES REVELS - MOTION CARRIED. 552 1GENDA MARCH 11, 2008 -CEB REGULAR MEETING - PAGE 3 OF 4 - DISCUSSION - VOTE Code Officer Sterling testified the commercial vehicle had been removed on February 21, 2008, but he requested the Cod( i Doughty. 1211 SW 10' Drive Board find the property in violation for the period of time the commercial vehicle remained parked in the residential area. 'arking commercial vehicle in residential Member Montesi moved to find Case 08-015 Louis, Jr. & Susan Doughty in violation of Ch 54 Sec 54-51 for the period of III January 26, 2008 until February 21, 2008 when it came into compliance; seconded by Member Revels, VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA - YES IRBY - YES NELSON -ABSENT SWEDA - YES HANCOCK - YES MONTESI -YES MOTION CARRIED. REVELS -YES William T. Rose, Jr. addressed the Board stating when he got the notice of violation he came in and got permits for his 928 SW Park Street signs and discussed the issue of his business tax receipt (occupational license) with Kim Bames. At that time he thought auction all the issues had been resolved and he never received any further notice from Code Enforcement to the contrary. Code Officer Sterling testified he had hand delivered a copy of the Board Order informing Mr. Rose a twenty-five dollar per day fine had been imposed as of September 26, 2007. Code Officer Sterling said the notification was signed for by Catherine Marsh who appeared to be an employee. Attorney Cook verified this was considered legal notification whether Mr. Rose received it or not. There was a lengthy discussion among the Board as to whether the wording on Mr. Rose's signs implied that he was operating multiple businesses or if the Aluminum Depot was only referring to a retail item being sold at Crary Mary's. Crazy Mary's is the only business that has a current occupational license to operate within the City. Member Sweda felt this case was very confusing and should be a matter for Attorney Cook. Attorney Cook reminded the Board that Case 07- 077 had already been found in violation and their only responsibility at this time was to determine whether or not to reduce the fine. Chairperson Worley called for a motion, no motion was made. The fine will remain at the original amount of two - thousand eight hundred and twenty five dollars ($2,825.00) JJJ MARCH 11, 2008 - CEB I 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE VII. REVIEW OF CASES CURRENTLY BEING FINED. Vill. RESIGNATION OF CHAIRPERSON WORLEY Code Officer Sterling gave a brief report on cases currently being fined. He informed the Bc FL Properties had contacted him stating they intended to pay their fine. Member Irby asked C could be done on Case #06-172 John & Susan Hanner in order to secure the building. Men the Board could recommend the City Administrator declare the property a public nuisance ai Irby moved to have Code Officer Sterling find out what action would be necessary to have tl nuisance; seconded by Member Revels. VOTE WORLEY - YES GAMIOTEA - ABSENT CASTORINA - YES IRBY - YE NELSON -ABSENT SWEDA - YES HANCOCK - YES REVELS - MOTION CARRIED. Chairperson Worley stated he had submitted his resignation to the City Administrator which % added due to his resignation, Vice Chairperson Gamiotea would preside as Chairperson fo meeting in May the Code Board will vote on a Chairperson to fill the two-year term. ADJOURNMENT - CHAIRPERSON WORLEY. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON WORLEY ADJ � 8:15 P.M. Mack Worley, Chairperson ATTE ( iL'24_d �A _'/ Sue Christopher, Board Sedretary 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. Sth 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 #13570 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 03/06/2008 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. JamesfA. Hughes, Jr., (Publisher) 0 U Sworn to and subscribed before me A this to —CL day of/19.�//C� A.D. 2008 (KCAL) CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforcement Board Meeting will be on Tuesday, March 11, 2063, 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 Depaitment 7634423. PLEASE TAKE.NOTICE AND BE ADVISED 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 interestedperson will need a 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 tobe based.. Media is for the sole purpose of back- up,for official retards of the Fire Departmeat. In accoMancewith the Americanswith 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) worldn$ days prior to the proceeding at 863- 763=4423; ifyou are hearing or voice impaired, can TDD. I-800�M2-3448 (voice) or 1-888447- 5620 CITY). by: Mack Worley, it., CODE -BOARD CHAIRPERSON' Sue Christopher, Board Secretary Publish: 03/062008 Okeechobee Times Ivolary ruuuc Rosealee A. Brennan � `Y pUe.16 Commission #DD318483 *= Expires: Jun 25, 2008 U�° of Fioa°' Bonded Tluu In Atlantic Bonding CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MARCH 1112008 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: March 11, 2008 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Mack Worley i Vice Chairperson Jamie Gamiotea 4 — )+P- � Board Member Bea Castodna ,;' Board Member Frank Irby ✓ Board Member Marsha Montesi ✓ r Board Member Andrea Nelson A 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 Secretary Sue Christopher IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the February 12, 2008 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 7r cz F�n PAGE 1 OF 2 �G vw Cam'/h�U PAGE 2 OF 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling:�1' Case No. Name & Address Violation 07-160 Arthur Raymond Davis Ch 30 Sec 30-44 General cleaning and beautification 601 NW 11"Avenue Aj 08-014 Louis, Jr. & Susan Doughty Ch 70 Sec 70-251 Permit required- 1207 SW 10" Drive 08-015 Louis, Jr. &Susan Doughty Ch 54 Sec 54-51 Parking commercial vehicle in residential 1211 SW 10th Drive area a 07-077 William Rose, Jr. Request for fine reduction 928 SW Park Street VII. REVIEW OF CASES CURRENTLY BEING FINED. �rvt% Vill. 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. Z17 &'v Ice " .yam �dlu WUL /K L vyAwtt CODE ENFORCEMENT BOARD EFxh►h,'+ *kl- lq4 =A 111.200T March H, 2008 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"' 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 12'hSt. 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/day fine beginning 8/9/06 (date notice received) for general cleaning and 1002 SE 81b Drive 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/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 $50/day 4/18/07 7/16/07 4/10/07 - Imposed $50/day fine beginning 4/18/07 for general cleaning & disabled vehicle. 1104 SE 8t' Drive 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 permits 928 SW Park Street 1/08/08 - Recommended to proceed with foreclosure - In compliance as of 1/15/08 - fine stopped 07-150 Jason Estes & Kristy Petry $25/day 3/9/08 6/6/08 1/08/08 - Imposed $25/day fine beginning 3/9/08 for migrant housing without a special exception 608 SE 12'h Avenue i�xh;b1,+ :0z Nl�ie�N Jl, �008 City of Okeechobee Code Board Meeting March 11, 2008 . t - Case # 07-160 Arthur Raymond Davis 10/08/2007 — Inspected property, in need of mowing and general cleaning. 10/09/2007 — Wrote courtesy letter. 10/16/2007 — Inspected property, not in compliance. 11/18/2007 — Inspected property, not in compliance. 11/20/2007 — Wrote Notice of Violation. 11/29/2007 — Notice of Violation received, signed for by C. Davidson 01/16/2008 — Inspected property, not in compliance. 02/18/2008 — Inspected property, not in compliance. 02/19/2008 — Wrote Notice of Hearing. 02/20/2008 — Notice of Hearing received, signed for by Arthur Davis. 02/21/2008 — Mr.Davis called, explained to him that the vacant property he owned on NW 71' Street had to be mowed and cleaned up. He stated that he did not have the funds at the present time t o do the job but would do his best to get it in compliance. 03/05/2008 — Inspected property, nothing done to bring it into compliance. f' .p}.r •y �v 'k v H Case #07-077 William Rose 07/19/2007 — Wrote Notice of Violation for no Business Tax Receipt for 2 businesses and un-permitted signage. 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 applications for un-permitted signage. 08/08/2007 — Returned permit application 08/09/2007 — Checked with city departments, nothing done. 08/15/2007 — Checked with city departments, nothing done. 08/22/2007 — Permit issued for 2 signs. 08/23/2007 — Hand delivered Notice of Hearing, Signed for by Katherine Harsh. 09/04/2007 — Checked with city departments, nothing done. 09/11/2007 — Code Board found property not in compliance, gave till 09/25/2007 to take corrective action. 09/24/2007 — Checked with city departments, nothing done. 01/15/2008 — Signage removed, placed property in compliance.