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2008-05-131 CITY OF OKEECHOBEE MAY 139 2008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION I. CALL TO ORDER - Vice Chairperson: May 13, 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 Heather Hancock Board Member Frank Irby Board Member Marsha Montesi Board Member Andrea Nelson Board Member Penny Revels Board Member Rennae Sweda Alternate Member Randy Huckabee Alternate Member Les McCreary Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher PAGE 1 OF 4 May 13, 2008 Code Enforcement Board meeting was called to order at 7:00 p.m. by Vice Chairperson Gamiotea. Present (Filled the seat for Chairperson Worley due to his resignation) Present Present Present Absent without consent (Les McCreary filled the seat for member Nelson) Present Present Absent with consent Present Present Present Present Present IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve Member Hancock moved to dispense with the reading and approve the Summary of Board Action for April 8, 2008; the Summary of Board Action for the April 8, 2008 seconded by Member Revels. Regular Meeting. VOTE GAMIOTEA - YES IRBY - YES HANCOCK -YES MONTESI - YES NELSON - ABSENT REVELS -YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES MOTION CARRIED. 558 559 MAY 13, 2008 - CEB REGULAR MEETING - PAGE 2 OF 4 II AGENDA III BOARD ACTION - DISCUSSION - VOTE 11 V. AGENDA - Vice Chairperson. A. Requests for the addition, deferral or withdrawal of items on III Vice Chairperson Gamiotea requested the election of Chairperson and Vice Chairperson be done at the beginning of the today's agenda. meeting instead of the end. VI. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. VII. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No. 08-023 NASSA Management Group. 709 SE 12' Avenue Ch 30 Sec 30-44 General cleaning and beautification Vice Chairperson Gamiotea opened the floor for nominations of Chairperson and Vice Chairperson. Member Revels nominated Jamie Gamiotea for Chairperson; seconded by Member Sweda. No other nominations were made. VOTE GAMIOTEA - YES IRBY - YES HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES MOTION CARRIED. Member Hancock nominated Frank Irby for Vice Chairperson; seconded by Member Revels. No other nominations were made. VOTE GAMIOTEA - YES IRBY - YES HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES MOTION CARRIED. Code Officer Sterling testified this case was postponed in April to allow the property owner time to clear a fire buffer zone of thirty feet from the structure on adjoining property. Fire Chief/Code Officer Herb Smith stated this was the standard buffer zone required by the fire codes. However, as of this meeting nothing has been done. Member Montesi moved to find Case 08-023 in violation of Ch 30 Sec 30-44 imposing a fine of twenty five dollars per day beginning three days from May 13, 2008; seconded by Member Irby. VOTE GAMIOTEA - YES IRBY - YES HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES MOTION CARRIED. 560 F�� 1 MAY 1312008 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA BOARD ACTION - DISCUSSION VOTE No. 08-027 Code Officer Sterling testified property owner had received certified notices of the violation but has never come in to apply Lorenzo Guzman -Rivera, 1102 NW 71' Street for the building permits. He stated alterations were made to the front of the house and a shed had been erected. Permits Ch 70 Sec 70-302 Permit were never issued for any of the construction done. Member Irby moved to find Case 08-027 in violation of Ch 70 Sec 70-30" 11 imposing a fine of twenty five dollars per day beginning fourteen days from May 13, 2008; seconded by Member Sweda. VOTE GAMIOTEA - YES IRBY - YES HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - 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 5' Street in compliance. However, this business was in non compliance from March 27, 2008 until April 4, 2008, Member Irby moved Ch 50 Sec 50-32 License tax imposed to find Case 08-038 in violation of Ch 50 Sec 50-32 from March 27, 2008 until April 4, 2008 for failure to renew the business 11 tax receipt and will be considered a repeat violator on any future violations of this ordinance; seconded by Member Hancock. VOTE GAMIOTEA - YES IRBY- YES HANCOCK - YES MONTESI - YES NELSON - ABSENT REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES MOTION CARRIED. No. 08-043 Code Officer Sterling stated Fiesta Market had opened a restaurant without a business tax receipt to operate a restaurant, Fiesta Market. 802 NE Park Street Their current business tax receipt was issued for the supermarket only. After some discussion, Attorney Cook advised the Board Ch 50 Sec 50-36 Issuance of a license this case needed to be cited again for violation of building codes which is the reason why they have not been able to obtain a business tax receipt for a restaurant. Code Officer Sterling requested the case be withdrawn at this time in order to be cited for building violations. Case 08-043 was withdrawn from today's agenda. jr ! 1 1.12 2 1 MAY 13, 2008 - CEB REGULAR MEETING - PAGE 4 OF 4 11 AGENDA III BOARD ACTION - DISCUSSION - VOTE JI No. 08-051 Sun Realty. 909 S. Parrott Avenue Ch 50-43 Penalties for violation of license regulations VII. REVIEW OF CASES CURRENTLY BEING FINED. ADJOURNMENT - VICE CHAIRPERSON GAMIOTEA. mie Gamiotea, Vice Nairperson ATTEST:- ' 4L Sue Christopher, Board Secretarf 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. Code Officer Sterling testified the business owner had received certified notices for a delinquent business tax receipt. Business owner, Wesley Crawford, called the Code Officer stating he planned to close his office in Okeechobee. However, when the Code Officer checked with the property owner, Kemp Properties, they said Mr. Crawford had not notified them that he was planning to close his office. Member Irby moved to find Case 08-051 in violation of Ch 50 Sec 50-43 for delinquent business tax receipt;seconded by Member Montesi. VOTE GAMIOTEA - YES IRBY - YES HANCOCK -YES MONTESI - YES NELSON - YES REVELS - YES SWEDA - YES HUCKABEE - ABSENT MCCREARY - YES MOTION CARRIED. Fire Chief/Code Officer Herb Smith addressed the board stating in the future a review of prior cases will only be done when it is necessary for the Code Board to take action on the case. THERE BEING NO FURTHER ITEMS ON THE AGENDA, VICE CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:56 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: 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 - P0#13806 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 05/08/2008 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. Jame4A. Hughes, Jr., (Publishi6r) Sworn to and subscribed before me this day of A. D. 2008 L (SEAL) Notary Public CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforcement Board Meeting will be on Tuesday, May 13, 2008, at 7;00 p.m. City Halt, 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 Depart- ment 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 to any matter considered at this meeting, such interested for will need record ofthe proceedings, Purpose may need to ensure a verbatim record of the proexedings is sedgy,-.fh+ ord 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 FireDepart- ment. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 296.26, 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 pmceeding at 863- 763-4423; if you are hearing or voice impaired, caIITD1) 1-800-955-8770 (voice) or t-800-955- 8771 (TTY). by: Mack Worley, Jr., CODE BOARD CHAIRPERSON Sue Christopher, Board Secretary Publish: 05/08/2009 Okeechobee Times < . G koseaiee A:, Brennan r'ommission #DD318483 .N.` -' V* Expires: Jun 25, 2008 Bonded Th- FOr atlantic Bonding Co., ins CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MAY 13, 2008 OFFICIAL AGENDA PAGE 10F 3 I. CALL TO ORDER -Vice Chairperson: May 13, 2008 Regular Meeting, 7:00 p.m. '7pm II. PLEDGE OF ALLEGIANCE - Vice Chairperson. III III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Vice Chairperson Jamie Gamiotea Board Member Frank Irby Board Member Marsha Montesi Board Member Andrea Nelsons Board Member Rennae Sweda ✓ Board Member Penny Revels Board Member Heather HancocL�fLe �� ✓_ Board Attorney John Cook Ay �� (Ex 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 April 8, 2008 Regular Qu:� {1�41_ Meeting. 9!X V. AGENDA - Vice Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 2 OF 3 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 08-023 NASSA Management Group 200 Blk NW 1211 Street 08-027 Lorenzo Guzman Rivera 1102 NW 7th Street 08-038 Big Lake Media James A. Hughes, Jr. 106 SE 51h Street 08-043 Fiesta Market Naser Abueqab 802 NE Park Street 08-051 Sun Realty Wesley Crawford 909 S Parrott Avenue VII. REVIEW OF CASES CURRENTLY BEING FINED. Violation Ch 30 Sec 30-44 General cleaning and beautification Ch 70 Sec 70-302 Permit Ch 50 Sec 50-32 License tax imposed Ch 50 Sec 50-36 Issuance of a license Ch 50 Sec 5043 Penalties for violation of license regulations t� jL,4 �I A' ol1 /1 /; tz) �tr 1% T -'`)'� �u�C= irk_ c-met " N , 41c,� Lk VIII. ELECTION OF CODE BOARD CHAIRPERSON AND VICE CHAIRPERSON FOR TWO YEAR TERMS. IX. ADJOURN MEETING - Vice 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. t 1 PAGE 3 OF 3 Pain Ymit 'ea- CtS C�'ZrcaP� e1 Ad i nny V`4 d j E"+ *A- Mf,y 13/ 2ool City of Okeechobee Code Board Meeting May 13, 2008 Case #08-023 NASSA Management Group LLC 200 Block NW 12th Street • 02/04/2008 — Inspected property on complaint from neighbor. property • 02/05/2008 - Sent courtesy letter requesting they make application for building permit • 02/26/2008 - Inspected property, not in compliance • 02/28/2008 - Notice of Violation received, signed for by illegible signature • 03/18/2008 - Spoke to Mohammad (property owner) about clearing excessive vegetation from property • 03/19/2008 - Robert from Quality Lawn Care called, we set up meeting for 3/20/2008 • 03/20/2008 - Met with Robert and explained what had to be done. Mailed Notice of Hearing • 03/21/2008 Notice of Hearing received, signed for by illegible signature • 04/07/2008 - Spoke to Mohammad, he is in process of hiring someone to get property mowed • 04/09/2008 - Case tabled till next 05/13/2008 meeting since the property is in the clean up stage • 04/16/2008 - Spoke to Mohammad, he wants to build on lot but has to wait for OUA to put in utilities. Asked if he had to do the whole lot. Spoke to Chief Smith and he said that as long as he cut a 30' fire barrier between him and the property to the East and cleared the debris, that should be OK for now 0 05/06/2008 - Hand delivered Notice of Hearing, signed for by Deanne Harden Tvwlk 77 t `- �a 1 may¢ 1�-µ• -ice'' � R � ° � =�C2` • .�_� - r • si t.lR�+ ..+ A t � x R D0810:44:C Okeechobee County Property Appraiser - Map Printed on 5/12/2008 2:04:32 PM Page 1 of 1. Okeechobee County Property Appraiser a 44 86 132 va W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 ► PARCEL: 3-15-37-35-0010-00190-0140 -VACANT (000000) - CITY OF OKEECHOBEE LOTS 14 15 16 BLOCK 19 Name: NASSA MANAGEMENT GROUP LLC LandVal $54,000.00 Site: 0, Okeechobee BldgVal $0.00 7993 STEEPLECHASE COURT ApprVal $54,000.00 I Mail: PORT SAINT LUCIE, FL 34986 JustVal $54,000.00 Sales 3/1412006 $72,000.00V / Q Assd $54,000.00 Info 2/5/2004 $15,000.00 V / U Exmpt $0.00 , 1/8/2003 $10,000.00 V / Q Taxable $54,000.00 This information, Last Updated: 4/28/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comJGISIPrint_Map.asp?pjboiibehhjbnligcafccjfbojiaehdomhloankkimf .. 5/12/2008 www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liability Compan NASSA MANAGEMENT GROUP, LLC Filina Information Document Number L06000026019 FEI Number APPLIED Date Filed 03/10/2006 State FL Status ACTIVE Effective Date 03/13/2006 Princiaal Address 7993 STEEPLECHASE CT PORT ST. LUCIE FL 34986 Mailing Address 7993 STEEPLECHASE CT PORT ST. LUCIE FL 34986 Registered Agent Name & Address NOORUDDIN, MUHAMMAD S 7993 STEEPLECHASE CT PORT ST. LUCIE FL 34986 US Name Changed: 03/09/2008 Manager/Member Detail Name & Address Title MGRM NOORUDDIN, MOHAMMAD S 7993 STEEPLECHASE CT PORT ST. LUCIE FL 34986 Title MGRM NOORUDDIN, SHAHNAZ 7993 STEEPLECHASE CT PORT ST. LUCIE FL 34986 Annual Reports Report Year Filed Date Document Searches Forms Help r Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number=L06000026019&inq_... 5/12/2008 Case #08-027 Lorenzo Guzman -Rivera 1102 NW 71h Street Constructing Shed & Alteration to House without Permit • 02/18/2008 — Inspected & photographed property on normal patrol. Checked with Building Department, no permit application on file • 02/20/2008 — Sent courtesy letter • 02/29/2008 — Inspected & photographed property • 03/05/2008 — Inspected & photographed property • 03/08/2008 — Notice of Violation received, signed for by Angel C • 03/17/2008 — Checked with Building Department, has not applied for permit • 04/07/2008 — Checked with Building Department, has not applied for permit • 04/24/2008 — Mailed Notice of Hearing • 04/25/2008 — Notice of Hearing received, signed for by E. Hernandez • 04/29/2008 — Checked with Building Department, has not applied for permit 05/13/2008 - Checked with building department, has not applied for permit i i t'�y! m W.-Jalkil m f x1a om Okeechobee County Property Appraiser - Map Printed on 5/12/2008 2:09:02 PM Page I of L Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 ARCEL: 3-16-37-35-0160-00150-0170 - SINGLE FAM (000100) NORTHWEST ADDITION LOTS 17 & 18 BLOCK 15 ame: GUZMAN-RIVERA LORENZO LandVal $29,240.00 ite: 1102 NW 7TH ST, Okeechobee BldgVal $73,068.00 tail: 3738 NW 34TH AVENUE ApprVal $103,830.00 OKEECHOBEE, FL 34972 JustVal $103,830.00 7/2812006 $162,000.001 / O Assd $103,830.00 ales al 5/14/2004 $55,000.001 / U Exmpt $0.00 Ifio 1/17/2001 $45,000.001 / U Taxable $103,830.00 0 30 60 90 ft N-1 This information, Last Updated: 4/28/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GIS/Print Map.asp?pj boiibchhj bnligcafccj fhoj iaehdomhloa.nkkimf... 5 / 12/2008 k Case #08mO38 Big Lake Media 106 SE St" Street Delinquent Business Tax Receipt • Not in compliance from 03/27/2008 to 04/04/2008, now in compliance. Request that they be found not in compliance for the period indicated above so they become Repea(Of fenders. Case #08mO43 Fiesta Market 802 NE Park Street Violation of Building Code and Business Tax Receipt • 02/04/2008 — Building Department inspected facility and found 6 code violations • 03/26/2008 — BTR Department sent letter asking that they bring the facility into compliance within 10 days or their application for a Business Tax Receipt would be terminated • 04/08/2008 — Mailed Notice of Violation • 04/09/2008 — Notice of Violation received, signed for by M. Rodriguez • 04/14/2008 — Checked with Building and BTR Departments, has not applied for BTR or corrected building code violations • 04/25/2008 — Checked with Building and BTR Departments, still has not applied for BTR or corrected building code violations. Notice of Hearing was written and mailed • 04/26/2008 — Notice of Hearing received, signed for by illegible signature m u INSPECTION REPORT AND NOTICE OF NONCOMPLIANCE INSPECTION DATE PAGE OF owner's Name Address City State Zip F/r--� wA " ;ontractor s Name Address City State Zip lob Location City/County 3UILDING PERMIT NO'S.'��% . INSPECTION TYPE ❑ FOOTING ❑ ROUGH ❑ FINAL ❑ FOUNDATION ❑ BLDG. CONST. ❑ ENERGY ❑ HVAC ❑ ELEC. ❑ PLUMB. %N INSPECTION OF THE ABOVE HAS DISCLOSED THE FOLLOWING VIOLATION(S) ORDER NO. CODE SELECTION FINDINGS AND REQUIREMENTS J _ — d �c7—e- oiljhw ' 0 -1 Q C L - ' e C2/1? L_ S ; _ L ' it } CONTRACTORS: PLEASE LEAVE THIS LIST ON JOB SITE NOTICE OF NONCOMPLIANCE. Nil cited violations shall be ordered within 30 days after written notification, unless an extension of time is granted. Each day that the violation continues after notice shall constitute offense and is subject to remedies and penalties by the ority having jurisdiction. Violations Explained to Compliance Date certified Inspector Telephone -- - OF rn 19150 City oOkeechobee March 26, 2008 Naser Abueqab Fiesta Market 802 NE Park Street Okeechobee, Fl. 34974 Dear Mr. Abueqab, On December 13, 2007 a business tax receipt application was submitted to me for processing. This business tax receipt would allow you to cook and serve food at the above listed establishment. On February 4, 2008, City of Okeechobee Building Inspector Ray Schaub inspected your business for your business tax receipt application. On that date your business- did not pass inspection. An inspection• Report- & Notice of Noncompliance was given to you by Mr. Schaub. As of the date of this letter your business is still in noncompliance. This application is now been open for more than 90 days. Please bring your business in compliance within 10 days of this letter. Failure to do so will result in termination of this application and issuance of code violations. Should you have any questions on this matter please contact Ray Schaub at 863-763- 3372 ext.216 Monday, Wednesday or Friday or you may contact me at 863-763-3372 ext. 222. Sincerely, Kim Barnes City of Okeechobee Business Tax Receipt Official Case #08m051 Sun Realty -Kemp Properties of Okeechobee 909 S. Parrott Avenue Delinquent Business Tax Receipt • 01/25/2008 — BTR Department sent reminder letter • 03/28/2008 — Left Notice of Visit pertaining to complaint from BTR Department 04/15/2008 — Mailed Notice of Violation • 04/16/2008 — Notice of Violation received, signed for by Rock Weide • 04/23/2008 — Checked with BTR Department, nothing submitted • 04/24/2008 — Mr. Crawford called the BTR department and said he would be closing his office in Okeechobee • 04/25/2008 — Mailed Notice of Hearing • 04/26/2008 — Notice of Hearing received, signed for by Rock Weide • 04/29/2008 — Mr. Crawford called and said that we could do whatever we wanted because he was closing his office on 05/15/2008 • 05/08/2008 - Spoke to Mr. Kemp, Sun Realty had not informed him that they were closing