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2008-10-14CITY OF OKEECHOBEE OCTOBER 14, 2008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA 1. CALL TO ORDER - Chairperson: October 14, 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 September 9, 2008 Regular Meeting. PAGE 1 OF4 aj:'i4N - DISCUSS 1aN 1OTE October 14, 2008 Code Enforcement Board meeting was called to order at 7:05 p.m. by Chairperson Gamiotea. Present Present Absent (resigned from Code Board effective October 14, 2008) Present Present Present Present Absent with consent Present (filled the vacant seat due to Member Hancock's resignation) Present Present - Present Present Member Montesi moved to dispense with the reading and approve the Summary of Board Action for September 9, 2008; seconded by Member Revels. VOTE GAMroTEA - YES IRBY - YES MCCREARY - YES MONTESI - YES REVELS -YES SWEDA - YES HUCKABEE - ABSENT WOLFF - YES MOTION CARRIED. OCTOBER 14, 2008 - CEB REGULAR MEETING - PAGE 2 OF 4 im�:u.,,.. ,.,.., „�.�� ./�,.:���✓ -.,a6. Ii. ! �..i.,.�:.�i,a��....,t�-,.�.6- ....... ........� - �_.,.. ..,...... ..�.... ffi �ddlkkl�..-R/.RI'_E9 � lh .i..lL... �..,.,,..,.,..al.dai�mi.i.���L6".+.u.e:� { V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on There were no requests 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. 08-114 Code Officer Sterling testified property owner had received certified notices and a notice had been posted on the property. Suet -Fong Tsang. 800 Blk NW 12� Street He stated the property is usually mowed once or twice a year, but this time the owner has failed to come into compliance. Ch 30 Sec 30-44 General cleaning & beautification Member Montesi moved to find Case 08-114, Suet -Fong Tsang in violation of Ch 30 Sec 30-44 imposing a fifty dollar per day fine beginning fifteen days from October 14, 2008; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - YES REVELS - YES SWEDA - YES HUCKABEE - ABSENT WOLFF - YES MOTION CARRIED, No. 08-120 Code Officer Sterling testified property owner had received certified notices and he had spoken with Mr. Nichols today. He Kenneth & Barbara Nichols.114 NE 11' Street said he was in the process of cleaning the property and Waste Management would be picking up the debris by the weekend. Ch 30 Sec 30-40 Junk and Sec 30-44 General cleaning & Chairperson Gamiotea added he had looked at the property before tonight's meeting and it appeared most of the cleaning beautification had been done. Member Montesi moved to find Case 08-120, Kenneth & Barbara Nichols, in violation of Ch 30 Sec 30-40 and Sec 30-44 allowing fifteen days from October 14, 2008 to bring the property into compliance after that time a fifty dollar per day fine would begin; seconded by Member Irby. GAMIOTEA - YES Runs - YES NOTION CARRIED. IRBY - YES SWEDA - YES VOTE MCCREARY - YES HUCKABEE-ASSENT MONTESI - YES WOLFF - YES OCTOBER 14, 2008 -CEB REGam MEETING - PAQE 3 OF 4 No. 08-122 Code Officer Sterling testified house was boarded up after a fire had damaged the interior. He said the property had been Cody Brown. 813 SE 3'd Street mowed, however the building is no longer secure and vagrants could gain access. Code Officer Sterling stated the Public Works Ch 30 Sec 3044 General cleaning & beautification and Department could board up the house to keep vagrants out. There was discussion as to whether the property would still be Sec 3043 Public nuisances considered a public nuisance and need to be repaired instead of boarded up. Member Montesi moved to find Case 08-122 Cody Brown, in violation of Ch 30 Sec 3043 and Sec 3044 imposing a fine of fifty dollars per day beginning five days from October 14, 2008 until in compliance; seconded by Member Revels. Chairperson Gamiotea directed the staff to put this case back on the agenda for review when they see any progress made to bring the property into compliance. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - YES REVELs - YES SwEDA - No HUCKABEE - ABSENT WOLFF - YES MOTION CARRIED. No. 08-123 Code Officer Sterling testified property owner had received certified notices and he had spoken with him several times but Foster LLC. 1000 Bik NW 511 Avenue the property is still overgrown. Member Sweda moved to find Case 08-123, Foster LLC, in violation of Ch 30 Sec 3044 Ch 30 Sec 3044 General cleaning & beautification imposing a fifty dollar per day fine upon receipt of notification; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - YES REvELs - YES SINEDA - YES HUCKABEE - ABSENT WOLFF - YES MOTION CARRIED. 576 No. 07-160 Arthur Davis.1100 Blk NW a Street Ch 30 Sec 30-44 General cleaning & beautification Consider recommending foreclosure - fine has accrued ninety days as of September 27, 2008. 4 k ADJOURNMENT - CHAIRPERSON GAMIOTEA. r Y r E amie Gamiotea, Chairperson F F ATTEST: OA J�.J cZ-A Sue Chdstopher,Secreta 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 OCTOBER 14, 2008 - CEB REoum MEETING - PAGE 4 of 4 Code Officer Sterling stated a fine of twenty-five dollars per day was imposed on June 30, 2008. As of October 14, 2008 the fine has accrued to $2,700.00 and is continuing to accrue. Chairperson Gamiotea reminded the Board when a fine has accrued over ninety days, the Board reviews the case and decides whether to recommend City Council consider foreclosure. Member Revels moved to send Case 07-160, Arthur Davis 1100 Blk NW 6" Street, to City Council's next regular meeting recommending they consider foreclosure proceedings; seconded by Member Montesi. VOTE GwoTEA - YES IRBY - YES MCCREARY - YES MONTESI - YES REVELS - YES SWEDA - YES HUCKABEE - ABSENT WOLFF - YES MOTION CARRIED. , THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 8:00 P.M. NDEPF 11iEWSP/ OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S. W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a PVO l i L N04� LI-9— in the matter of t "o-V in Ll1q__ Ttt- maul D.S'".aiR`vrTi"ac elan utt-G8uit Of Okeechobee County, Florida, was published in said newspaper in the issues of DC4Ober -3 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 continu- ously 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. �WorlQto and subscribed before me this —day ofQC466 �Y— An Public, State q a at Large o"`�f P& Janetta Thiboult Commission # DD505311 iz Expires January 10, 2010 3ondea Imy Fam k'suraxe IM WOL3W70% a ur 2"M7 (863) 7&16R s Clr CMR fl em rlFO6Ml1@Iwi Is MM OM mat me Cky d adedbbee coat brace p,vaAe ap TA@ Odga 14, MW at7:0 px Qq Hal IM 200, DYeadiDbee. flaNa Thepuhk.b fmied' ° For +4 "of ms W da,CWW TAKE fgnM AND BE'ADVIM mat I aannyy pason aMW ID an made by to code Erta ww t Board wibreeped'1D anym� k mis rtiodMq sucb iDteresled Wo need a record of I and_ far.b*ucbb may 1we d b-ora , 4.:rerbfa,ra A* ismade,'record t dWa me 1eMeW and TA me appeal b d. h tD be baseeft is for ft sded>uP� I bai r....L Kpr. G.11s,urY,W. - CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD OCTOBER 14, 2008 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: October 14, 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 ✓ (,col -911e-d Sa&) Board Member Heather Hancock — Re s, cp i (Ann Board Member Les McCreary ✓ Board Member Marsha Montes! Board Member Penny Revels Board Member Rennae Sweda/ Alternate Member Randy- Huck9bee fi +� cnser1 Alternate Member Ann Wolff ✓ 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 September 9, 2008 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. rf ., OS- frm %all; - 7*60 n PAGE 1 of 2 PAGE 2 of 2 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Can No. Name & Addrm 08-114 Suet -Fong Tsang 800 Bik of NW 1 r Street 08-120 Kenneth & Barbara Nichols 114 NE 11" Street 08-122 Cody Brown 813 SE 3'" Street 08-123 Fosler LLC 1000 Blk NW a Avenue 07-160 Arthur Davis 1100 Bik NW a Street VIt. ADJOURN MEETING - Chairperson. Ch 30 Sec 30-44 General cleaning & beautification Ch 30 Sec 30-40 Junk and Sec 30-44 General cleaning & beautification Ch 30 Sec 30-43 Public nuisances and Sec 30-44 General cleaning & beautification Ch 30 Sec 30-44 General cleaning and beautification Consider recommending foreclosure - fine has accrued ninety days as of September 27, 2008 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. 0 DIV c o e -14 a pct City of Okeechobee Code Board Meeting October 14, 2008 Case #08414 Suet -Fong Tsang 800 Block NW 12th Street • 06/24/2008 Inspected property. • 07/17/2008 — Inspected & photographed property. • 07/21/2008 — Wrote Notice of Violation. • 0 7/29/2008 — Notice received & green card signed by Fong Tsang. • 08/15/2008 — Inspected property, not in compliance. • 09/10/2008 — Inspected property, not in compliance. • 09/23/2008 — Wrote Notice to Appear. • 09/26/2008 — Notice received, signed for by Fong Tsang. • 09/29/2009 — Posted property. Case #08420 Kenneth & Barbara Nichols 114 NE 11th Street • 07/08/2008 — Sent Courtesy Letter. • 07/17/2008 — Spoke to the Nichols daughter, she said that her parents were out of town and she would get it cleaned up. • 07/28/2008 — Inspected property, not in compliance. • 08/06/2008 — Wrote Notice of Violation. • 08/07/2008 — Notice received, signed for by Kenneth Nichols. • 08/21/2008 — Inspected property, not in compliance. • 09/11/2008 — Inspected property, not in compliance. • 09/17/2008 — Inspected property, not in compliance. • 09/23/2008 — Wrote Notice to Appear. • 09/25/2008 — Inspected property, not in compliance. • 09/29/2008 — Posted property, notice received, signed for by Barbara Nichols. d Z. i .:• 4e Case #08422 Cody Brown 813 SE 3rd Street • 07/25/2008 — Sent Courtesy Letter. • 07/28/2008 — Building Department stated that the building had to brought up to code or removed. • 08/12/2008 — Wrote Notice of Violation. • 09/04/2008 — Notice of Violation returned as unclaimed. • 09/15/2008 — Posted property with Notice of Violation. • 09/29/2008 — Posted property with Notice to Appear. Case #08423 Fosler LLC 1000 Block NW 5th Avenue • 06/10/2008 — Sent Courtesy Letter. • 06/16/2008 — Inspected property, not in compliance. • 06/20/2008 — Spoke to Mr. Simler, they will start construction in the next few weeks, gave extension till 07/15. • 07/15/2008 — Spoke to Mr. Simler, There has been a delay in breaking ground, will probably start in the next two weeks. • 07/29/2008 — Spoke to Mr. Simler, they will be starting on 08/04. • 08/07/2008 — Spoke to Mr. Simler, will be starting by 08/12 or will have it mowed. • 08/12/2008 — Wrote Notice of Violation. • 08/15/2008 — Notice received, signed for by K.E. Foster. • 08/21/2008 — Inspected property, not in compliance. • 09/11/2008 — Inspected property, not in compliance. • 09/23/2008 — Wrote Notice of Hearing. • 09/26/2008 — Notice received, signed for by Ken Foster. • 09/29/2009 — Posted property. 06/10/2008 — Looking West on NW 5thAvenue N'd FxKb;f 0.1, CODE ENFORCEMENT BOARD o}pi0e4- 14, a ppg October 14, 2008 ****+r*+t***�*r**s**,rs,►**+t****r,t,rw,r,t,tr**�*,t,�,►*,�***,�*,t**************+t**+�***,r**********,t*,t*********t**,r*r****,►***,t+tr►********************************* Case No. 04-025 Name Joe & Johnny Brown Fine $10/day Started 90 Days Code Board Action 4101105 6/29/05 3/8/05 - Imposed fine on 4/1/05 for overgrown vegetation/debris 803 NW 12m Street 819105 - 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 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 1002 SE 8* Drive $250/day 8109106 11/7/06 9/12/06 - Imposed fine on 8/9/06 for general cleaning & commercial vehicles - In compliance as of 10116106 - 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 BUL 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 1104 SE P Drive $50/day 4/18/07 7/16/07 4/10/07 - Imposed fine on 4/18/07 for general cleaning & disabled vehicle. 9/11/07 - Recommend to proceed with foreclosure (approved 1012/07) - 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 1115108 - fine stopped 07-150 Jason Estes & Kristy Petty $25/day 3/9/08 616108 1/08/08 - Imposed fine on 3/9/08 for migrant housing without a special exception 608 SE 12`" 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 Wh Street