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2008-12-09CITY OF OKEECHOBEE DECEMBER 9, 2008 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson: December 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 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. December 9, 2008 Code Enforcement Board meeting was called to order at 7:03 p.m. by Chairperson Gamiotea. Present Present Present Absent with consent (Alternate Member Wolff filled the seat for Member Montesi) Absent with consent (Alternate Member Huckabee filled the seat for Member Revels) Absent without consent Present Present Present Present Present Present PAGE 1 OF4 A. Motion to dispense with the reading and approve the Member Irby moved to dispense with the reading and approve the Summary of Board Action for October 14, 2008; seconded Summary of Board Action for the October 14, 2008 Regular by Member McCreary. Meeting. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - ABSENT REVELS -ASSENT SwEDA - ABSENT HUCKABEE - YES WOLFF - YES MOTION CARRIED. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling and Fire Chief/Code Officer Smith: No. 07-014 Okeechobee -FL Properties LLC. 2000 Blk S. Parrott Ave. Ch 30 Sec 30-44 General cleaning & beautification Request for fine reduction. DECEMBER 9, 2008 - CEB REouLAR MEEnNo - PAOE 2 OF 4 Chief Smith requested the withdrawal of Case 08-144 Jackie & Melinda Rediker from today's agenda. Mr. Brian West of Okeechobee -FL Properties LLC addressed the Code Board requesting a reduction of his fine which totals $9,225.00. He stated he has been a commercial developer in Florida forthirty-five years and has never had a code lien before. He admitted they had failed to comply when they initially received notice of the violation because at the time the property was under contract to be sold. However, he was unaware that it had never been cleaned up until some one told him it was going before the City Council to be considered for foreclosure. Member Irby pointed out it had taken ten months to bring the property into compliance. Member McCreary said if the property continues to be maintained he would not have a problem reducing the fine, but was not sure how much of a reduction should be given. Attorney Cook advised the board in order to set an amount for the reduction they should consider the reason why it didn't come into compliance earlier and the cooperation by the property owner to bring it into compliance. There was a lengthy discussion among the board regarding the time frame involved to finally bring the property into compliance. Chief Smith advised the Board the Code Office had done much more than what is required by the statutes to work with the property owner, but no interest was shown until the owner realized a lien had been placed on his property. Member McCreary moved to reduce the fine on Case 07-014 Okeechobee -FL Properties LLC from $9,225.00 to $4,612.00; seconded by Member Irby. After some discussion as to the cost and expenses involved, motion and second were withdrawn. Member McCreary moved to reduce the fine on Case 07-014 Okeechobee -FL Properties LLC from $9,225.00 to $1,000.00 plus an administrative fee of $25.00 making the reduced total $1,025.00; seconded by Member Huckabee. GAMIOTEA - YES REvELS-ANENT MOTION CARRIED. VOTE IRBY - YES MCCREARY - YES MONTEsi - ABSENT SWEDA - ABSENT HuCKABEE - YEs WOLFF - YES No. 08-138 Mary J. Gill Estate.1001 SW 91' Street Ch 30 Sec 30-41 Disabled vehicle and Sec 30-44 General cleaning & beautification No. 08-177 Kulsoom & Shabana Abdullah. 820 NW Park Street Ch 30 Sec 3041 Disabled vehicle and Sec 3044 General cleaning & beautification DECEMBER 9, 2008 -CES REouLAR MEETING - PAGE 3 OF 4 Code Officer Sterling testified this property is now in foreclosure. However, Dexel and Deborah Brock are trustees for the Estate of Mary J. Gill and Deborah Brock signed the certified receipt for the notice of violation. He said it was now in compliance for Sec 3044 General cleaning and the remaining violation is for a disabled vehicle. Member McCreary moved to find Case 08-138 Mary J. Gill Estate in violation of Ch 30 Sec 30-41 Disabled vehicle, imposing a fine of twenty-five dollars per day beginning five days from receipt of notification; seconded by Member Wolff. GAMIOTEA - YES REvas - ABSENT MOTION CARRIED. VOTE IRBY - YES MCCREARY - YES MONTESI - ABSENT SWEDA - ABSENT HUCKABEE - YES WOLFF - YES Code Officer Sterling testified the disabled vehicle had been removed. However, the property has garbage and debris on the side and behind the building which well exceeds the two barrel limit they have with Waste Management. Chief Smith added he had done an inspection and found living quarters were added which were not up to code and considered a safety hazard. In addition, this area is zoned commercial and can not be used as a residence. Chief Smith stated he will deal with the housing issue and if necessary he will bring it before the Board at a later time. Member Huckabee moved to find Case 08-177 Kulsoom & Shabana Abdullah in violation of Ch 30-44 General cleaning and beautification, imposing a fine of fifty dollars per day to begin on January 15, 2009 if property is not in compliance by this date; seconded by Member Irby. GAMIOTEA - YES Rwas - ABSENT MOTION CARRIED. VOTE IRBY - YES MCCREARY - YES Mown - ABSENT SWEDA - ABSENT HUCKABEE - YES WOLFF - YES Code Board Discussion of meeting time change. Chairperson Gamiotea asked the board if they would like to pursue the possibility of moving the meeting time up to 6:30 pm instead of 7:00 pm. All Board members who were present appeared to be agreeable to a time change of 6:30 pm. Chief Smith said he would follow up with the City Clerk to see what steps were necessary in order to make this change official. [1 1 E ADJOURNMENT - CHAIRPERSON GAMIOTEA, 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 DECEMBER 9, 2008 - CEB REouLAR MEETING - PAGE 4 of 4 THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA 8:20 P.M. ADJOURNED THE MEETING AT 4 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD DECEM13ER 9, 2008 OFFICIAL AGENDA I. CALL TO ORDER -Chairperson: December 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 Les McCreary✓ }�,�„�,, Wo( �,(lse Board Member Marsha Montesi Board Member Penny Revels A (E�) mK"�"�- Ilea sow Board Member Rennae Sweda A Alternate Member Randy Huckabee 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 October 14, 2008 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. A", 6tccu K-ue Uj;�tc�a,u�n �✓onda PAGE 10F 2 40g_ 144 10,0-- • VI. NEW BUSINESS.p'"j A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 08-138 Mary J. Gill Estate Ch 30 Sec 30-41 Disabled- vehicle and Sec 30-440 1001 SW 9' Street General cleaning & beautification 08-144 Jackie & Melinda Rediker Ch 30 Sec 30-41 Disabled vehicle and Sec 30-44 201 NE Wh Street General cleaning & beautification 08-177 Kulsoom & Shabana Abdullah Ch 30 Sec 30-41 Disabled vehicle and Sec 30-44 820 NW Paris Street General cleaning & beautification 07-014 Okeechobee -FL Properties LLC Request for fine reduction. (Total amount of fine - $9,225) 2000 Blk S Parrott Avenue VII. 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, heJshe 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 CODE ENFORCEMENT BOARD 1�err►ber' 9, aaog December 9, 2008 Case No. Name Fine Started 90 Days Code Board Action 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 P 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 IP 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 6th Street 10/14/08-Recommended to proceed with foreclosure (approved 10/21/08 for Lots: 11 - 14 Blk: 18) 08-122 Cody Brown $50/day 10/20/08 1/17/09 10/14/08 -Imposed fine on 10/20/08 for general cleaning and public nuisances. 813 SE 3rd Street 08-114 Suet -Fong Tsang $50/day 10/29/08 1/26/09 10/14/08 - Imposed fine on 10/29/08 for general cleaning 800 Blk NW IP Street City of Okeechobee Code Board Meeting December 9thq 2008 okeechobee-VL Properties LLC s Case #08438 Mary J. Gill Estate 1001 SW 91h Street • 08/28/2008 — Sent Courtesy Letter. • 09/02/2008 — Property still not in compliance. • 09/19/2008 — Property still not in compliance. Wrote Notice of Violation. • 09/23/2008 — Notice of Violation received, signed for by Deborah Brock • 09/25/2008 — Property still not in compliance. • 10/03/2008 — Property still not in compliance. • 10/30/2008 — Sent Notice of Hearing. • 10/31/2008 — Notice of Hearing received, signed for by Shannon Reye. • 11/17/2008 — Property still not in compliance. ow i P 1 ) . • �r # �rrrrrrrrrr�N FILE MUM 2008011367 OR SK 00660 PG 1864 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 10/09/2008 11*0:10 AM RECORDING FEES 9.00 O RECORDED BY G Mewbourn V" Pss 1864 - 1865! (2nsa) O IN COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR OKEECHOBEE COUNTY CIVIL DIVISION NATIONAL O ANK, AS SUCCESSOR BY MERGER TO HARBOR FED AVINGS BANK 0 Plaintiff, Vs. o CASE NO. p�D�$515 UNKNOWN HEW, DEVIS RANTEES, ASSIGNEES, Defendant(s) CREDITORS, LIErtORS, TRU F MARY J. GILL, DECEASED; DBXEL W. BR • DEXEL W. BROCK, PERSONAL REPRESENTATIVE ESTATE OF MARY J. GILL; DAVID B. GILL, HEIR; KA SIMMONS, HE c•� ^, o MARY CRUZ, HEIR; MARTHA A ;UNKNOWN SPOUSE OF MARTHA ALLEN; IF INCLUDING ANY �r �r- UNKNOWN SPOUSE OF SAID DEF (S), IF �. --� x rR ov REMARRIED, AND IF DECEASED, PECTIVEFOE air me UNKNOWN IDS, DEVISEES, GRANTEES, ASSIGNEES, cM CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER —4x s s ��r''., c PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST oo '� zQ THE NAMED DEFENDANT(S); UNKNOWN TENANT #1; UNKNOWN TENANT #2; i NOTICE OF LIS PENDENS TO THE ABOVE NAMED DEFENDANTS AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE HEREBY Nu i irmu that suit was instituted by the above -named Plaintiff against the above -named Defendants in the above -styled cause involving the following property, situate, lying and being in Okeechobee County, Florida, to wit: Book660/Page1864 CFN#2008011367 Page 1 of 2 w %1 , 0 LOTS 1 & 2, BLOCK 20, SOUTHWEST ADDITION TO OKEECHOBEE, 01 ,w ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. A/K/A 001 SW 9TH ai nnni CHOBEE, FL 34974 o Relief as to such property is for foreclosure of a mortgage held by the Plaintiff against the pr P VERN YOURSELVES ACCORDINGLY. DATED 29TH DAY OF SEPTEMBER, 2008. 0, l� Law Offices of Daniel C. Consuegra [I Daniel C. Consuegra/Florida Bar #371300 �O ❑ Jennifer A. Sesta/Florida Bar #0966.339 ❑ Peter E. Lanning/Florida Bar #0562221 ❑ Laura L. Walker/Florida Bar #W9434 ❑ John P. Koplitz/Florida Bar #044379 O❑ Shannon N. Collins/ Florida Bar #43574 ❑ Melissa R. Rinaldi/Florida Bar #050252 j�race S. Santos/Florida Bar #29518 204 King Palm Drive Tampa, Florida 33619-1328 Tel (813) 915-86W Fax (813) 915-0559 Book660/Page1865 CFN#2008011367 Page 2 of 2 Case #08477 Kulsoom & Shabana Abdullah 820 NW Park Street • 11/06/2008 - Inspected & photographed property at the request of Waste Management. • 11/07/2008 — Checked with General Services. As per section 90-281 to 90-283, residence not allowed in Heavy Commercial (CHV). Migrant facility only allowed in Multi Family with a special exception. Issued a Notice of Violation & a Notice of Hearing • 11/17/2008 — Photographed property, still not in compliance. • 11/19/2008 — Spoke to tenant Cirila Baltazar, owner of Exclusiva's Lupita. She stated that the rent she was receiving was the only way she was able to pay her rent. Explained to her that migrant housing was not allowed in CHV zoning. She claimed that the city was picking on Mexicans as whatever she tried to do there, the city made her stop. I explained that she should check with city hall before she tried to open a new venture to make sure it was allowed. Explained that she had to remove migrant tenants. • 11/22/2008 — Notice of Violation & Notice of Hearing received, illegible signature. • 12/02/2008 — Photographed property, still not in compliance. • 12/08/2008 — Spoke with Chris Hickman from Waste Management. This account has a contract for two (2) can pickup per week. x �,� y •a4 - �F. ' �. , .�t�. . � � •�- - ,. � �, � s .. . ; ,�; _� °- r �. �I� .. '. � — ,� s � � ti a _. ""��., 1 Y Fl, W -IV l� fi ju PWR e Rx Date/Time NOV-24-2008(MON) 16:34 1111111111 NOV-c24-2008 16:32 From:+++++ 1111111111 To:863 763 4489 NOY-17-2000(MON) M 45 OKEECHOBEE h IHt uhV1 to nwiuv.+ iv,--•.- _. CODS ENF RMIENr BOARD CITY OF OxnCE10DU Cam No " - INSTR.UC7 ]IM: Pl m fill In both sides of this f mr completely. 8e specific whoa writing your wwwant. Pkoss rotam this form to the Cods 8aforarnow Depe mmt. 'tire PcOw will tbaa be Finaeatsd to do Board at to gnarl rogulsrly scheduled mect vIS. Ifyou pre claiming medical or finenclal hardship, ataeh supporting doauaentetan (I.oM a domes stetoment or prof of i ww&) If you have any queaaooe, plow call! the Code Woromaot Offer, Fred Sail% at (M) 337-1971. Tbo Board wfll comidor requests for reduction of pwdW or ext ube ofeompliance only one time for cash oaso. The Aowd's decision shall be its Scat nodon on the arse. You may eppeor at the having to offer testimony. Prop" OwaWs Now 5e15�it..l *16M, Property Address:op �,-Mt 44im Phone Number where you an be reached during the day: 1s the property now le comptiance7. Yee .,� No *The'boerd will m coWder a reduction of poaalty If the p uporty is not in complianco. If ao, explain is doted: Are you roquosting Mtn oxtonston of time to aW o rcpsW Yea z-l;o Dery you called the Code Enl'owwout Department for reinspealoo; Aro you cWmi PS faran W herdehip? __ Yos 7No Are yvu claiming medial hardship? ! Yee No If the property owner is unable to ownpleto this form list then memo ofthe person who Is wAcsizod to no far the property owner and their relationship: Pop 1 of 2 P. 002 P.2/3 ' e �1 s?- tj Rx Date/Tine NOV-24-2008(MON) 16:34 Illlllllll NOV-84-2008 16:33 From:+++++ 1111111111 To:%3 763 4489 NOV-17-2008(NON) 10:45 OKEECHOBEE FIDE UtYI lrnA;00.1 IVJ **UJ P. 003 P.3/3 1. __iu 111. r 6 i.cxx�t , do bmby sA akible Pe tlon In rc*m fora reduction In the tatal amount of Malty Impowd or mgvM Aw an oxtmion aftlme to bring the ptopotV b w complimcm, and In eopport otter dw following ao w at: —rS U Papo 2 of2 �Yq n 6!.¢1Qsk. rYlancc in9 Yhe1m(-O" O4hexrmfa�, ° Case #07=014 Okeechobee -FL Properties LLC 200 Block South Parrott Ave. • 01/04/2007 — Inspected property, wrote Courtesy Letter. • 01/23/2007 — Property still not in compliance, wrote Notice of Violation. • O1/29/2007 — Notice of Violation received, signed for by S. Reod. • 02/12/2007 — Property still not in compliance. • 02/20/2007 — Called Okeechobee -FL Properties; spoke to Karen & she stated that it would be mowed in the next 10 days. • 07/2007 — Called Okeechobee -FL Properties, Karen stated it would be mowed by next week. 03/ � • 03/12/2007 — Property still not in compliance. • 03/19/2007 — Property still not in compliance. • 03/20/2007 — Wrote Notice of Hearing. • 03/22/2007 — Notice of Hearing received, signed for by S. Reod. • 0 3/26/2007 — Called Okeechobee FL Properties, informed Karen that this case would go before the Code Board on April 10th. She said it would be taken care of. • 04/18/2007 — Fine of $50.00 per day imposed by the Code Bo started. • 10/19/2007 —Pro Property came into compliance. The fine of 9,20 + $25.00 administrative had p � accrued. a Received a letter from Mr. West requesting be�ced on 12108 agenda. • 11/1712008 Rec 1� i r A =7 WoF. .. �d*. � � 7sr_�r• �� v, it r x •:tiJ. aih 1rV7 i .��y � •��� g{ 1.4 i { x D) S+>.�,• F .'�i4 a1 � �nY=. £ .j�(.3y R'lr .:�.yryh�t 1 , '�.•�-