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2008-09-09570 1 F� CITY OF OKEECHOBEE SEPTEMBER 9, 2008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson: September 9, 2008 Regular Meeting, 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Frank Irby Board Member Heather Hancock Board Member Les McCreary Board Member Marsha Montesi Board Member Penny Revels Board Member Rennae Sweda Alternate Member Randy Huckabee Alternate Member Ann Wolff Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith 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 8, 2008 Regular Meeting. PAGE 1 OF 3 September 9, 2008 Code Enforcement Board meeting was called to order at 7:01 p.m. by Chairperson Gamiotea. Present Present Absent with consent Present Present Absent with consent (Randy Huckabee filled the seat for Member Revels) Present Present Absent without consent Absent Present Present Present Member Irby moved to dispense with the reading and approve the Summary of Board Action for July 8, 2008; seconded by Member Montesi. VOTE GAMK)TEA - YES IRBY - YES HANK - ABSENT MCCREARY - YES MONTESI - YES REVELS -ABSENT SMA - YES HucKABEE - YES WOLFF - ABSENT MOTION CARRIED. 571 SEPTEMBER 9, 2008 - CEB REGULAR MEETING - PAGE 2 OF 3 A+� -BOARD- WA A - . V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case 08-117 which is now in compliance, Case 08-117 was withdrawn. . today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling and Fire Chief Smith: No. 08-0% Gloria & Mary Brown.1100 NW 91 Avenue Ch 30 Sec 30-43 Public nuisances No. 08-100 House of God Miracle Revival Church. 907 NW 110' Street Ch 30 Sec 3043 Public nuisances No. 08-102 Willie & Bernice Taylor.1009 NW V1 Avenue Ch 30 Sec 3044 General cleaning & beautification No. 08-103 Joe & Johnny Brown. 803 NW 12° Street Ch 30 Sec 30-44 General cleaning & beautification No. 08-104 Gloria & Mary Brown. 800 Blk NW 12" Street Ch 30 Sec 3043 Public nuisances Before any cases were presented, Chief Smith asked to address the Board on behalf of Attorney Cook, to explain a proposal from the family who owns all the properties within Case 08-99 to 08-104. Attorney Cook is recommending the Code Enforcement Board put all cases together instead of dealing with them separately and make one motion requesting the City Council consider the proposal made by the owners. At this time Chief Smith requested Code Officer Sterling address the Board to testify of the details stated in the families' proposal. Code Officer Sterling testified he had talked with the property owner who said the family met together and agreed to transfer ownership of the parcel located in the 800 Blk of NW 1 r Street (Lot: 4 Blk: 23) to the City in exchange for the City's consent to release the liens they hold against this property and another parcel located at 803 NW 121 Street (Lot: 2 Blk: 23). In addition, all the other properties would be cleaned up and then sold. Code Officer Sterling stated due to a financial hardship the family was attempting to come up with a solution that would be mutually agreeable as well as bring the properties into compliance. Chairperson Gamiotea reminded the Board to consider this matter very carefully, keeping in mind, what kind of precedentwould be set for future cases. He also asked whether the structures on the properties were a health and safety issue? Chief Smith answered they were and he was declaring them to be a public nuisance and safety hazard. After a lengthy discussion, Member Montesi moved to find Case 08-099, Gloria & Mary Brown; Case 08-100, House of God Miracle Revival Fellowship Church; Case 08.102, Willie & Bernice Taylor, Case 08-103, Joe & Johnny Brown; and Case 08-104, Gloria & Mary Brown; be found in violation of Ch 30 Sec 30-43 Public nuisances and Ch 30 Sec 30-44 General cleaning and beautification, recommending City Council consider a proposal from property owners to transfer ownership of the property located in the 800 Blk of NW 12' Street (Lot: 4 Blk: 23) to the City in lieu of fines; in addition property owners must bring all other properties into compliance within the terms set forth in a contractual agreement made with the City and if agreement is not fulfilled the City will proceed with other steps to bring the properties into compliance; seconded by Member McCreary. VOTE GAMIOTEA - YES IRBY - YES HANCOCK - ABSENT REVELS - ABSENT SWEDA - YES HuCKABEE - YES MOTION CARRIED. MCCREARY - YES WOLFF - ABSENT MONTESI - YES 0 I;] i' I 572 AGENDA ADJOURNMENT - CHAIRPERSON GAMIOTEA. ie Gamiotea, Chairperson ATTEST: Sue Christopher,Secretary 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. L SEPTwER 9, 2008 -CES 301 ACTION - DiSC UIDN -VOTE REouu R MEETING - PAGE 3 of 3 V THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT'. AFFIRMfIT OF PUBLIISSN_E_R 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 Citv Code Enforcement Board Meetina Notice - PO#13847 in the matter of Citv 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 09/04/2008 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. Jam A. Hughes, Jr., (Publish j Sworn to ands bscribed before me this day of A.D. 2008 (SEAL Notary Public NOTARY PUBLIC -STATE OF FLORIDA ""••z Rosealee A, Brennan Commission # DD766393 Expires: JUNE 25, 2012 BOADr:D 1 ERO ATI AYitC E0I5DING C:O., INC. CITY C �c T NOT" a titla=y GngW dw the City of oloeeehubee Cod° B. Bo-d bb-tios will be on 7"", A•wt 9, "M at 7.49 pm City tbiL 55 SE 3rd Ave 1tm 200, nod& no p hilt is irrriied and ..eom.rd to dund. Foca eopy of the Pad' .,., Sue Chri.tophaat &a City Fire DWWt- med 763-4423. PLEASE TAKE NOTICE AND HE , & ' m.& by dw CC-b B.dwd NWVK QM.r O0 °d di, mee8 t.teh ww d w� F--a a �b�m record of the t..-de. whieL tao-d inchde. the and evideo" too° me yp«t is ID be bmed. hf.di. ■ f r Na.ai- T rn .f b.ctr-up for -hell me"h if dw Fire rtOW&in w4ord— with the Americans Wijhj)i.sWUflesAd(ADA)tmdFloridaStatute ial ummmdodonlo ahouldaoniadSte (2ti.-w noWertat363- (2)wodoKd,q.PriortithePmooice ac863 763-4123;if youaiem(w)° ,8 eaamD t-aoass by: TM o.-iot-M p RD CHAMPERS0 See CbDE bm Ho-deard $eerelatY � O CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD SEPTEMBER 912008 OFFICIAL AGENDA 1. CALL TO ORDER - Chairperson: September 9, 2008 Regular Meeting, 7:00 p.m. 11. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Frank Irby ✓ Board Member Heather Hancock Board Member Les McCreary Board Member Marsha Montesi �% Board Member Penny Revels A - � � �s C� Board Member Rennae Sweda Altemate Member Randy Huckabee f Altemate Member Ann Wolff ft - Lk seJ Board Attorney John Cook A 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 July 8, 2008 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 7.'Ot Prn Mon-teesL aA)� `1Vl o C�� PAGE 1 of 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address 08-099 Gloria & Mary Brown 1100 NW 9' Avenue 08-100 House of God Miracle Revival Fellowship Church 907 NW 1111 Street 08-102 Willie & Bernie Taylor 1009 NW 90' Avenue 08-103 Joe & Johnny Brown 803 NW 121' Street 08-104 Gloria & Mary Brown 800 Blk NW 121hStreet 08-117 Shannon Martin, Amy Proudfoot, Brooke Brown, & Seth Louthan 703 S Parrott Avenue VII. ADJOURN MEETING - Chairperson. Violation Ch 30 Sec 3043 Public nuisances Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 3044 General cleaning & beautification Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 30-44 General cleaning & beautification 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. Exh:b;+ :01 CODE ENFORCEAMNT BOARD SL " tl eg + September 9, 2008 f �+r,r*****,w,t****,t,t******,t****,r**,t***,r,►****,t+e*,t**,t*r.,t*�,t****,t***,r***,t,t***«*,r+r*****,t**,t,r***t,rt**,t**r*a*,►**rr**,r,t,t*,t************s********************** 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 12' 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 3115105 11/9/04 - Imposed fine on 12/15/04 for overgrown vegetation 800 Blk NW 12" 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 for general cleaning & commercial vehicles 1002 SE 8" Drive - 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 8t° 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 121 Avenue - In compliance as of 4/23/08 - fine stopped 07-160 Arthur Davis $25/day 6/30/08 9/27/08 6/10/08 - Imposed fine on 6/30/08 for general cleaning. 1100 Blk NW 6'h Street CITY OF IXECHWAU CODE ENFORCEMENT TO: Code Board Members FROM: I Cook DATE: September 9, 2008 I had planned to attend tonight, but an unexpected out of state family visit may prevent me from doing so; in the event I am not present, I wanted to bring you up to date on the Brown property, and similar code problem cases. As you know, although foreclosure is authorized on the property, that process results in the city owning the property if the owners take no action, or payment of accrued fines by the owner which stops the lawsuit. In either event, the property does not necessarily get cleaned up. Fred and I have been discussing the procedure we used on the Brantley property, that being a public nuisance lawsuit under ch. 60 Florida Statutes. The advantage I see to that, is it allows the city to immediately tear down the structures, and lien the property for the expense. Thus, it gets up to code, we do not own it, and our costs for clearing would be eventually paid when the lot is sold. This was not possible in the Brantley case, as the size of the property was prohibitive. The letters Fred has sent out on similar violations has been fairly successful in correcting the violations in Deans court, but there are a few in which we can use this procedure if the board prefers. J. Cook ��a�ruitL_ f arjag City of Okeechobee Code Board Meeting September gthq 2008 Case #08-099 Gloria Renee & Mary Demi Brown 1100 NW 91hAvenue Sect 30-43 Public Nuisance -UnsightlyDerelict, or Unsafe Building. General Cleaning Old house is falling apart. Rear wall is completely gone. Property taxes have not been paid since 2003. 7/22/2008 — Sent Courtesy Letter & Notice of Violation. Received Green Card signed for by B. Taylor. 8/28/2008 — Notice of Hearing sent, property posted. 9/3/2008 — Received Green Card signed by B. Taylor. :d fNx r gm Case #08-100 House of God Miracle Revival 907 NW I 11h Sto - Unsightly, Derelict, or Sect. 30-43 Public Nuisance Vegetation & general Cleaning Building, Untended Unsafe • Property has an old church Sent Courtesy Letter & Notice of Violation danger to children in the neighborhood. Taxes have not been paid for 2006 & 2007. • 7/22/2008 — Sent Courtesy Letter & Notice of Violation. • Received Green Card signed by B. Taylor. • 8/28/2008 — Notice of Hearing sent, property posted. • 9/3/2008 — Received Green Card signed by B. Taylor. •'f ' t ' 7i" tom• .:;,i. 6 .� F` +4� ~•!.•��'.. IY- ' ✓ '" "i. �.. tea'. a � - ��." "31: 1i A Ol 4� gyp. ,* z S:''�.. -�•. f - i PIZ' Photo taken 7/17/2008 i t Case #08-102 Willie & Bernice Taylor 1009 NW 91h Ave. Untended Vegetation & General Cleaning • Property is next to case #08-100, is overgrown and in need of cleaning. Property taxes have not been paid since 2003. • 7/23/2008 — Sent Courtesy Letter & Notice of Violation. • 8/228/2008 — Notice of Hearing sent, posted property. • 9/3/2008 — Received Green Card signed by B. Taylor. e t Case #08-103 Joe Nathan & Johnny Lee Brown 803 NW 12 St. Untended Vegetation & General Cleaning • Case #04-025 — 02/09/2004 — came before the Code Enforcement Board on 3/8/2005 and was found not in compliance. If not corrected by 4/1/2005 a fine of $10.00 a day would start on that date. The property came into compliance on 2/14/2007. A fine of $6840.00 plus $25.00 in administrative fees was accumulated over this period. As of this date the fine has not been paid.Property taxes have not been paid since 2003. • 7/23/2008 — Sent Courtesy Letter & Notice of Violation. • Received Green Card signed by B. Taylor. • 8/28/2008 — Notice of Hearing sent, posted property. • 9/3/2008 — Received Green Card signed by B. Taylor. � � #� � � .. . \}� ^§� . � � 2 \\/ < : : . �� ©» z �� � - � � , y� � . . , . . �e � =� -¥ � % ) � r , < . . y . � � \�� y\y�¥ : < � »��� �,�.\w� \ ~ #��.:�. ::. � « a 2 � — . . . � `� `` � . � � . ^^ «� » � y � ^ © � \r � . : � �p � �.��.� <,»mz t Case #08-104 Gloria Renee & Mary Demi Brown 800 Block NW 12I" St. Sect. 30-43 — Public Nuisance Excessive Accumulation of Litter or Untended Vegetation, Garbage, Weeds or other Dead or Living Plant Life, or other Objectionable, Unsightly, or Unsanitary Matter • Prior case #04-026 still accumulating a fine of $10.00 a day for untended vegetation & general cleaning. Fine started 12/15/04. As of 8/31/2008 the fine totals $13,540. Taxes have not been paid for 2004 through 2007. Property taxes have not been paid since 2003. • 7/23/2008 — Sent Courtesy Letter & Notice of Violation. • Received Green Card signed by B. Taylor. • 8/28/2008 — Notice of Hearing sent, posted property. 0 9/3/2008 — Received Green Card signed by B. Taylor. Photo taken 7/17/2008 iVi Photos taken 8/29/2008