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2008-04-081 1 C CITY OF OKEECHOBEE APRIL 812008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA CALL TO ORDER - Vice Chairperson: April 8, 2008 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Vice Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Board Secretary. Vice Chairperson Jamie Gamiotea Board Member Mack Worley 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 BOARD ACTION - DISCUSSION - VOTE April 8, 2008 Code Enforcement Board meeting was called to order at 7:03 p.m. by Vice Chairperson Gamiotea. Present Present Absent without consent Absent with consent Present Absent without consent Absent with consent (Penny Revels filled the seat for Member Sweda) Absent with consent Present Present Absent Present Present PAGE I OF 4 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve Member Worley moved to dispense with the reading and approve the Summary of Board Action for March 11, 2008; the Summary of Board Action for the March 11, seconded by Member Montesi. 2008 Regular Meeting. III VOTE GAMIOTEA - YES WORLEY - YES CASTORINA -ABSENT IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS -YES MOTION CARRIED. 554 fWAmAm .1-:.!1 APRIL 8, 2008 - CEB REGULAR MEETING - PAGE 2 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE II V. AGENDA - Vice 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. 08-020 Church of God by Faith, Inc. 809 NW 111h Street Ch 30 Sec 30-41 Disabled vehicles No. 08-023 NASSA Management Group. 200 Blk NW 12' Street Ch 30 Sec 30-44 General cleaning and beautification Code Officer Sterling testified property owners had received notices but no one had contacted him and the vehicle has not been moved. Member Worley moved to find 08-020, Church of God by Faith, Inc. in violation of Ch 30 Sec 3041imposing a five dollar per day fine beginning ten days from receipt of notification; seconded by Member Revels. VOTE GAMIOTEA - YES WORLEY - YES CASTORINA - ABSENT IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. Code Officer Sterling testified he had been in contact with the property owner and he is in the process of cleaning the property. He suggested postponing this case to allow the owner time to bring the property into compliance. Member Worley moved to postpone 08-023 until the next regularly scheduled meeting; seconded by Member Revels. VOTE GAMIOTEA - YES WORLEY - YES CASTORINA - ABSENT IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. 556 AGENDA APRIL 8, 2008 -CEB REGULAR MEETING - PAGE 3 OF 4 BOARD ACTION - DISCUSSION - VOTE No. 08-037 Code Officer Sterling testified the business owner is consistently late each year to renew the business tax receipt (occupationa Village Square Restaurant, Brenda Kemp. 301 SW Park St. license). He added, this years license renewal was due by October 1, 2007 and as of this date it has not been renewed. Ch 50 Sec 50-32 License tax imposed Member Worley moved to find 08-037 in violation of Ch 50 Sec 50-32 imposing a fine of ten dollars per day beginning ten 11 days after receipt of notification; seconded by Member Revels. VOTE GAMIOTEA - YES WORLEY - YES CASTORINA - ABSENT IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. No. 08-038 Code Officer Sterling testified business owner had paid for the business tax receipt renewal on April 4, 2008 and was now Big Lake Media, James Hughes, Jr. 106 SE 5th Street in compliance. However, this business was in non compliance from March 27, 2008 until April 4, 2008. There was some Ch 50 Sec 50-32 License tax imposed discussion as to whether other businesses were in non compliance for failure to renew their business tax receipt. In order to be sure everyone is treated fairly, the Code Board decided all cases for delinquent business tax receipts should be considered together at the next meeting. Member Worley moved to postpone 08-038 until the next regular meeting; seconded by Member Revels. VOTE GAMIOTEA - YES WORLEY - YES CASTORINA -ABSENT IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. No. 06-172 Attorney Cook gave an update on 06-172. He reminded the Board the City can not foreclose on this property because it is a John & Susan Hanner. 1002 SE 8`h Drive homestead. He stated a woman who holds a mortgage on the property contacted him and she has hired an attorney to Code Board to consider recommending property be foreclose on the property. Attorney Cook said once this is done the property would be sold and the new owner would be declared a public nuisance. responsible for cleaning the property. Therefore, he didn't feel it was necessary at this time to file a public nuisance lawsuit against the property. Member Montesi moved to postpone 06-172 until the next meeting to see what progress has been made; seconded by Member Worley. VOTE GAMIOTEA - YES WORLEY - YES CASTORINA - ABSENT IRBY - ABSENT MONTESI - YES NELSON -ABSENT SWEDA - ABSENT HANCOCK - ABSENT REVELS - YES MOTION CARRIED. APRIL 8, 2008 - CEB REGULAR MEETING - PAGE 4 OF 4 AGENDA VII. REVIEW OF CASES CURRENTLY BEING FINED. ADJOURNMENT - VICE CHAIRPERSON Gamiotea, Vice Chairperson ATTEST: Sue Christopher, Board Secre ary 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 - Code Officer Sterling stated the status has not changed on any of the cases currently being fined. THERE BEING NO FURTHER ITEMS ON THE AGENDA, VICE CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:40 P.M. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Cffl CODE ENFORCEMENT BOARD Before the undersigned authority personally appeared James 1KEETWO ., A. Hughes, Jr., who on oath says that he is publisher of the . NOTchobee ER En6ree entBoard g y p ,City of Okeechobee Code -Enforcement Board Okeechobee Times, a newspaper published week) at Okeechobee Meetins wi°;�` en "'e"''y ip a 2008, a, P Y 1.00 p.m. City Ifatl, 55 SE 3rd Ave, IYm 200, ;'Flori&, in Okeechobee, Florida: OkeechobeeTiie}pubhe�a�iri6¢and. ..bord.ro attend. For a copy of the. agenda - that the attached copy of advertisement, conuu.y�.+�....:.:7 ment 1, 3-423 PLEASE T OTICB AND7BE ' being a City Code Enforcement Board Meeting Notice - P0#13584 =ABvtsEnthattfany ae,ireatoappem �.any decision made by e�Code Bdfo"ra , to' "�r in the matter of City of Okeechobee Board with rasped n willered;at, . "t1us meeting, such in person will need a City of Okeechobee sieeord of the Viand for such purpose. rmay verbatim record of the ` 55 SE Third Avenue need`-toYenfuee proceedtngaisma&,,vAAdhiscor A ludes the appeal and evi an¢6,6r Okeechobee FL 34974-2932 tashmony eso ' isWbe6ased-Medlil`sforfhewepgrposeof 'IutckfooffieialrecordsoftheFir- 7lepart- ' j accordance with the Americans wtth es Act (pDA) and Florida Statute ?8°Qeisonswtthdisabilitiesneedingspectal In the Court, "�ac�ogdanontopaNctpatem'thtsp= was published in said newspaper in the issues of 04/03/2008 MA °ahonldtontactsne days prior to the ,a at 863- ' .. 76'3-4423ifyouere.heaiing or v�cltim . .ca11TF)p2-800-222-3448(wiee)or1=888-447- w , 5620 (Ck'SCj , '-` by Mecc Worley, 7r N + COD BOARD CEiABtEEjiSON F, Sue 6pber its Affiant further says that the said Okeechobee Times is a newspaper Y - > Pubtiah: "03l2008 published at Okeechobee, in said Okeechobee County, Florida, and Okeecnn', Tunes .: 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. Jam sA. Hughes, Jr., (Pub'sher) Sworn to and subscribed before me n this day of-+ - A.D. 2008 7 (SEAL) Notary Public Rosealee A. Brennan Commission #DD318483 Expires: Jun 25, 2008 '%9oF floe ` Bonded Thtu Atlantic Bonding Co., Inc. CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD APRIL 812008 OFFICIAL AGENDA I. CALL TO ORDER -Vice Chairperson: April 8, 2008 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Vice Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Vice Chairperson Jamie Gamiotea Board Member Mack Worley "" . Board Member Bea Castorina A Board Member Frank Irby A C Board Member Marsha Montesi V" Board Member Andrea Nelson Board Member Rennae Sweda j+' ety l�rwu Alternate Member Heather Hancock i\_ 1✓� ` 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�) A. Motion to dispense with the reading and approve the Summary of Board Action for the March 11, 2008 Regular Meeting. V. AGENDA - Vice Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 r VI. NEW BUSINESS. � , ,� � PAGE 20F2 � � �� ; �-� A. Disposition of Cases presented by Code Officer Sterling: ' 6 L � C� t n �,� ��'►'l b f �G�� t LZ c C�� Case No. Name & Address Violationli ; ^ A6- p fo 08-020 Church of God b Faith, Inc. Ch 30 Se - Y c 30 41 Disabled vehicles ���'�-'' „ •�-�"� "G � �`�' �- 809 NW 11`h Street 08-023 NASSA Management Group Ch 30 Sec 30-44 General cleaning and beautification C� 709 SE 12'h Avenue G. , n &) 08-037 Village Square Restaurant Ch 50 Sec 50-32 License tax imposed > Brenda S. Kemp 117f 301 SW Park Street N'd ` 08-038 BigLake Media' • Ch 50 Sec 50-32 License tax imposed �u �cu1v James A. Hughes, Jr. DS7 106 SE 5" Street 06-172 John & Susan Hanner Code Board to consider recommendin roe be - 9 p p dY ��tivv�t l dt/a 1002 SE 8'h Drive declared a public nuisance. VII. REVIEW OF CASES CURRENTLY BEING FINED.�e� VIII. ADJOURN MEETING -Vice Chairperson. 110/^� e 0 ���2 c PLEASE TAKE NOTICE AND BE ADVISED That when a person decides to a }�'�` �`t�' z ud a,- ppeal an y deci i s on made by fhe City Code Du��v �- Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim ' -, t% record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. 1 Code Enforcement Board media is for the sole purpose of backup for official records of the Fire Department �7 - ti � ��` b� � ` CODE ENFORCEMENT BOARD �Qr1 l g a0a$ April 8, 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 fine on 4/1/05 for overgrown vegetation/debris 803 NW 121h Street 8/9/05 - Recommend to proceed with foreclosure (approved 8/16/05) 9/12/06 - Recommend property be declared 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 fine on 12/15/04 for overgrown vegetation 800 Blk NW 1201 St. 8/9/05 - Recommend to proceed with foreclosure (approved 8/16/05) 9/12/06 - Recommend property be declared a public nuisance 06-172 John & Susan Harmer $250/day 8/09/06 11/7/06 9/12/06 - Imposed fine on 8/9/06 (date notice received) for general cleaning and 1002 SE 8`h 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 2/6/07) 07-014 Okeechobee -FL Prop. $50/day 4/19/07 7/17/07 4/10/07 - Imposed fine on 4/19/07 for overgrown grass and cleaning. 2000 Blk. S. Parrott 9/11/07 - Recommend to proceed with foreclosure not approved ) - 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 fine on 4/18/07 for general cleaning & disabled vehicle. 1104 SE 8`h Drive 9/11/07 - Recommend to proceed with foreclosure (approved 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 fine on 9/26/07 for occupational licenses & sign permits 928 SW Park Street 1/08/08 - Recommended to proceed with foreclosure not approved) - In compliance as of 1/15/08 - fine stopped 07-150 Jason Estes & Kristy Petty $25/day 3/9/08 6/6/08 1/08/08 - Imposed fine on 3/9/08 for migrant housing without a special exception 608 SE 12`h Avenue O L_J 7m7m 0 U a$: El PTO U Church of God by Faith • 12/17/2007 — Inspected property • 12/19/2007 — Sent courtesy letter to Fort Pierce. • 12/26/2007 — Courtesy letter returned, Unable to Forward • 12/27/2007 — Left Notice of Visit • 02/15/2008 — Inspected property, not in compliance • 02/19/2008 — Sent Notice of Violation • 02/22/2008 — Notice of Violation received, signed for by Maxine Robinson • 02/28/2008 — Inspected property, not in compliance • 03/12/2008 — Inspected property, not in compliance • 03/20/2008 — Sent Notice of Nearing • 04/02/2008 — Posted property with Notice to Appear 1 ! I L Case #08mO23 NASSA Management Group LLC Request this be tabled unti105/13/2008 as they are working on getting this problem into compliance On! Village Square Restaurant, Inc. • 01/25/2008 — Business Tax Receipt Department sent Delinquent Letter. • 03/26/3008 — BTR Department requested we contact business. • 03/28/2008 — Delivered Notice of Violation & Notice of Hearing, signed for by Joanna Kemp. Case #08mO38 Big Lake Media. Not In Compliance from 3/27/2008 to 4/4/2008 i� U 0