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2009-01-13CITY OF OKEECHOBEE JANUARY 13, 2009 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION I. CALL TO ORDER - Board Attorney: January 13, 2009 Regular Meeting, 6:30 p.m. II. PLEDGE OF ALLEGIANCE - Board Attorney. 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 Altemate Member Ann Hunt (Wolff) Board Attomey 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 December 9, 2008 Regular Meeting. PAGE 1 OF5 January 13, 2009 Code Enforcement Board meeting was called to order at 6:40 p.m. by Board Attomey John Cook. Absent with consent (Vice Chairperson Irby filled the seat for Chairperson Gamiotea) Present (entered chambers at 6:45 pm) Present Present Present Present Absent with consent Present (Ann Hunt filled the seat for Vice Chairperson Irby who chaired the meeting) Present Present Present Present Member McCreary moved to dispense with the reading and approve the Summary of Board Action for December 9, 2008; seconded by Member Montesi. VOTE GAmwa - ABSENT IRBY - YES MCCREARY - YES MONTESI - YES REVELS -YES SWEDA - YES HUCKABEE - ABSENT HuNT - YEs MOTION CARWD. 1 582 AGENDA - Chairperson. 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: No. 08-131 Angela Bickel McLaughlin. 891 NE 51' Street Ch 30 Sec 3044 General cleaning & beautification No. 08-136 Robert & Sandra Hines. 1011 NW r Street Ch 70 Sec 70-302 Permit JANuARY 13, 2009 - CEB REGULAR MEETING - PAGE 2 OF 5 Code Officer Sterling requested the withdrawal of Case 08-129 Harry & Suzanne Wally from today's agenda. Code Officer Sterling gave testimony property was overgrown and needed cleaning. He said notice of violation had been delivered to the property owner, however the property is being rented and renters have been uncooperative. Property owner, Angela McLaughlin, addressed the board stating when she tried to talk to the renters about cleaning the property, they told her to get off the property. She is now in the process of having them evicted from the property. Member Sweda moved to find Case 08-131 Angela Bickel McLaughlin in violation of Ch 30 Sec 3044 General cleaning & beautification, postponing until the March Code Board meeting; seconded by Member Revels. VOTE GAMIOTEA - ABSENT IRBY - YES MCCREARY - YES MONTESI - YES REVELS - YES SWEDA - YES HucrosEE - ABSENT HuNT- YEs MOTION CARRIED. Code Officer Sterling testified the permit to enclose carport had expired as of October 20, 2007 and the work was never completed because of financial difficulties. He said the building inspector, Ray Schaub, recommended giving a six month extension since he did not consider it to be a safety hazard. After some discussion among the board, Member Montesi moved to find Case 08-136 in violation of Ch 70 Sec 70-302 Permit, recommending this be referred back to the building department to determine what steps need to be taken in order to comply with building codes for occupancy; seconded by Member Hunt. VOTE GAMIOTEA - ABSENT IRBY - YES MCCREARY - YES MONTESI - YES REVELS - YES SWEDA - YES HUCKABEE - ASSENT HUNT - YES MOTION CARRIED. • V 6 JANuARY 13, 2009 -CEB REGULAR MEETING - PAGE 3 of 5 - No. 08-148 I o Code Officer Sterling testified the property has a house which is considered a public nuisance. He stated the building inspector, Roger & Terry Hare. 611 SW 91 Street = may Schaub, was requiring an engineers report stating the house was safe before he would issue any permits for repairs. Mrs. Ch 30 Sec 30-43 Public nuisances Terry Hare addressed the board giving testimony that the house was vacant but had been secured with locks and deadbolts. She does not believe the house is a safety hazard and did not understand why she needed to pay for an engineers report. She said she has talked to the building inspector several times and he never explained to her exactly what the safety hazard was and therefore she could not make repairs. Chief Smith informed the board the building inspector normally requires an engineers report before he will address specific issues that need to be fixed. Vice Chairperson Irby explained to Mrs. Hare even if she was not aware of the specific safety issues at this time, the house is still considered a public nuisance, according to City ordinances, due of the aesthetic quality of the house. Member McCreary moved to find 08-148 in violation of Ch 30 Sec 30-43 allowing fourteen days from today to clean and paint house, after that time a twenty-five dollar per day fine would begin. Motion died for lack of second. After further consideration by the board, Member McCreary again moved to find 08-148 Roger ' and Terry Hare in violation of Ch 30 Sec 30-43 Public nuisance, allowing fourteen days from today to comply by cleaning, painting or whatever is necessary to improve the aesthetic aspect, after that time a twenty-five dollar per day fine would commence and continue until in compliance; seconded by Member revels. VOTE ' GAmwEA - ABSENT IRBY - YES MCCREARY - YES MONTESI •YES REVELS - YES SWEDA - No HuCKABEE - ABSENT HUNT -YES MOTION CARRIED. No. 08-160 ' Code Officer Sterling testified property has dirt from the driveway being washed into the street causing a safety hazard. Edwardo Taylor. 400 SE 8' Drive - He stated some progress has been made by the property owner to get the form ready for concrete to be poured. Code Officer Ch 30 Sec 30-43 Public nuisances 1 Sterling and Chief Smith both felt the job should be completed in a few weeks. Member Montesi moved to find 08-160 Edwardo Taylor in violation of Ch 30 Sec 30-43 Public nuisances, allowing thirty days to bring the property in compliance after that time a twenty-five dollar per day fine would commence and continue until in compliance; seconded by Member Revels VOTE GAmKnu - ABSENT IRBY - YES MCCREARY - YES MONTESI - YES REVELS - YES SWEDA - YES HUCKABEE - ABSENT HUNT - YES MOTION CARRIED. 151 No, 08-164 Bruce D. Large. 700 SW V Street Ch 30 Sec 30-43 Public nuisances and Sec 30-44 General cleaning & beautification No. 08-183 & 08-184 Marvin Brantley.1905 S Parrott Avenue Ch 30 Sec 30-40 Junk and Sec 3043 Public nuisances 1 JANUARY 13, 2009 - CEB ft um MEETMIti - PAGE 4 OF 5 Code Officer Sterling testified property was in the process of foreclosure. Therefore, certified notice of violation was sent to the bank holding the mortgage, GMAC Mortgage LLC. Also, he spoke with a bank representative who said the property would be cleaned. However as of this date nothing has been done. Attorney Cook advised the board since the foreclosure is still pending the bank could not be held liable, because they would not yet be the owner of record. After some discussion among the board it was decided Case 08-164 should be deferred until the next regular Code Board Meeting. Code Officer Sterling stated he had talked with the current property owner and his attorney's office who told him the closing on the property should take place within a couple of weeks. Mr. Keith Duffy, prospective new owner addressed the board describing his plans to bring several major business chains to this location and amply with every City ordinance to make this property one of the nicest in Okeechobee. He assured the board the closing would be finalized within a few weeks and once his company takes ownership he will bring someone in to clean up the property quickly. Member Sweda asked how long he thought it would take to clean the property once the closing is completed. Mr. Duffy stated it should be done in two or three weeks. Member Montesi moved to find Case 08-183 & 08-184 Marvin Brantley in violation of Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisance, postponing both cases for sixty days; seconded by Member Revels. VOTE GAmom - ABSENT IRBY - YES MCCREARY - YES MONTESI - YES REVELS - YES SWEDA - YES HucKABEE - ABSENT HUNT - YEs MOTION CARRIED. JANUARY 13, 2009 - CEB REGULAR MEETING - PAGE 5 of 5 ADJOURNMENT - VICE CHAIRPERSON IRBY. ATTEST: Sue Chdsto her Secreta p ry PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enthroement 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 Boar media is for the sole purpose of backup for official records of the fire department THERE BEING NO FURTHER ITEMS ON THE AGENDA, VICE CHAIRPERSON IRBY ADJOURNED THE MEETING AT 8:12 P.M. III i- II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea .4 (re-b `i C "r � Vice Chairperson Frank Irby ✓ c�;yS)�Ann Board Member Les McCrear y Board Member Marsha Montesi Board Member Penny Re✓ Board Member Rennae Sweda Alternate Member Randy Huck A- Alternate Member Ann Wolff Board Attorney John Cook's Fire Chief/Code Enforcement Officer Herb mith Code Enforcement 4111cer Fred Sterling Secretary Sue Christopher ✓ IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the December 9, 2008 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. �A-1� n"'j, �� n VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling: Case No. Name & Address Violation 08-129 Harry & Suzanne Wally Ch 90 Sec 90452 Swimming Pool 214 NW 12' Street 08-131 Angela Bickel McLaughlin Ch 30 Sec 30-44 General cleaning & beautification 891 NE 5" Street 08-136 Robert & Sandra Hines Ch 70 Sec 70-302 Permit 1011 NW 7"' Street 08-148 Roger & Terry Hare Ch 30 Sec 30-43 Public nuisances 611 SW 9"' Street 08-160 Edwardo Taylor Ch 30 Sec 30-43 Public nuisances 400 SE 8' Drive 08-164 Bruce D. Large Ch 30 Sec 30-43 Public nuisances & Sec 30-44 General 700 SW 91' Street cleaning and beautification 08-183 Marvin Brantley Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisances 1905 S Parrott Avenue 08-184 Marvin Brantley Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisances 1905 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, 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. v PAGE 2 • I � 11 Once a I 16rw bag .y.. CODE ENFORCEMENT BOARD �qXy j�Z.Od°l January 13, 2008 ******,►**•*,►,►*,►*,►**«**,r,►**,►*«*******,►**,►.*****,►***«,►*«***««*t*•,r,►*«*****�•.«*,►«***:***,►***«*******:*********+r***f*.s«««««:««s«s«s«#«.««ass««s.«s« Case No. Name Fine Started 99D yin 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 8te 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 CnoI approved ) - In compliance as of 10/19/07 - fine stopped 12/9108 - Fine reduced to the amount of $1,025.00 07-026 Jenkins & Hauser $50/day 4118107 7/16/07 4/10/07 - Imposed fine on 4/19/07 for general cleaning & disabled vehicle. 1104 SE 9* 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'" 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 6130/08 for general cleaning. 1100 Blk NW 6'h 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 1117/09 10/14/08 -Imposed fine on 10/20/08 for general cleaning and public nuisances. 813 SE V 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 12'" Street City of Okeechobee Code Board Meeting January 13,20119 w J tiI Case #08431 Angela Bickel McLaughlin 891 NE 51h Street • 07/24/2008 — Sent Courtesy Letter about untended Vegetation. • 08/12/2008 — Notice of Visit left on door about disabled vehicle & untended Ve etation • 08/26/2008 — Sent Notice of Violation. g • 09/02/2008 — Notice of Violation returned. • 09/08/2008 — Hand delivered Notice of Violation. Signed for by Cheryl Styles. • 09/29/2008 — Inspected & hed photo ra g P property. Not in compliance. • 10/01/2008 — Spoke with Ms. McLaughlin, she is trying to have renter evicted. • 10/02/2008 — Inspected & photographed property. Not in compliance. • 10/09/2008 — Inspected & photographed property. Not in compliance. • 10/28/2008 — Spoke to Ms. McLaughlin, She is trying to get a court order to evict tenant. 11/24/2008 — Spoke to Ms. McLaughlin, She has been informed that she is not allowed to set foot on the property. • 12/11/2008 — Posted property with Notice of Hearing. • 12/22/2008 — Hand delivered Notice of Hearing. Signed for by Ms. McLaughlin. Iq Ate } ,�-. r :.� �- .. �,� - - '"-sre �, �`� � : - �: �f � i ,, �,,...• .:,x`: � r, � y d z . � �- �� " �,. r i` ��__ ,,9F'., pop City of Okeechobee (Y)DE V01r p&?"Y CW rHE C sY-fir OKFE.CMCREE CIO NO"' s -rivi-- i r �( t t. __.. � �r� �� .. ;: �. �� .. .� Case #08436 Robert & Sandra Hines 1011 NW 7th Street 07/01/2008 — Photographed property & sent inquiry to Building Department. 08/20/2008 — Received reply from Building Department about status of property. 08/25/2008 — Sent Courtesy Letter about building renovation asking about status of renovation. 09/08/2008 — Sent Notice of Violation for sect. 70-302 building permit expired 10/20/2007. Received on 9/10, signed for by Sandra Hines. 09/15/2008 — Mr. Hines called, will be in to renew permit. 10/03/2008 — Checked with Building Department, has not come in. 10/20/2008 — Building permit expired. 11/06/2008 — Checked with Building Department, has not come in. 12/12/2008 — Checked with Building Department, has not come in. 12/19/2008 — Sent Notice of Hearing. 12/29/2008 — Spoke to Mrs. Hines, she stated that they were having financial problems and asked about the best way to handle this problem. I told her I would check with Ray and let her know. 01/02/2009 — Spoke to Ray, he recommended that the Code Board give them 6 months to apply for a new permit. This will lessen the financial burden on them. u *00 0 4- v w Case #08.148 o_ To.-YV Hare Roger a .,.., 611 S-VV 90, Street Building Departments evaluation of this structure- sraon-compliant• Sent 0812 012008 — Requested 'ldin Department that building wa l 08/25/2008 — Received rep y from the Bui g Letter• she will secure house. Courtesy speak to Ray Spoke to Mrs. Hare, 08/28/2008 — Sp explained that he had to come in an sp material relating to this l copies of all ma 09J18/2008 — Spoke to Mr. Hare exp nesting p 0912212008 Mrs- Hare hand delivered a letter re q 10/3, signed for case. iolation for sect. 30 -43 Public Nuisance. Received on 1010112008 —Sent Notice of V ' have not come in. by Robert W oolverton. De artmeut, they b12008 _ Checked with Building p rtment, they have not come in. ,00lverton. 11I0 Chanty 08 — Checked with Building Depa. don 12/2% signed for by • 12/12/20 receive • 12J 1912008 — Sent Notice of Hearing, AU, </ M -J 0 W� y Al iN --•ram. � °�. � ' 3 g S!" f ��'i� �'� ENVIRONMENT (d) If the property is sold at public sale pursu- ant to subsection (c)(2) of this section, the city shall deduct from the proceeds the costs of trans- portation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest -bearing account not later than 30 days after the date of the sale and held there for one year. The city shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within one year from the date of the above stated deposit by making appli- cation to the city. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the state school fund. (e) The owner of any abandoned or lost prop- erty who, after notice as provided in this section, does not remove such property within the speci- fied period shall be liable to the city for all costs of removal, storage, and destruction of such prop- erty, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the code enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of regis- tration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The code enforcement officer shall supply the state department of highway safety and motor vehicles with a list of persons whose boat registration privileges or whose motor vehi- cle privileges have been revoked under this sub- section. Neither the department nor any other person acting as agent thereof shall issue a cer- tificate of registration to a person whose boat or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. (f) Whoever opposes, obstructs, or resists any code enforcement officer or any person authorized by the law enforcement officer in the discharge of their duties as provided in this section, upon conviction, is punishable as provided in section 1-15 of this Code. § 30-43 (g) Any code enforcement officer or any person authorized by the code enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real prop- erty while in the discharge of duties imposed by this section. (h) The rightful owner shall be liable for the city's costs for transportation and storage of lost or abandoned property and the city's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall vest in the city. (Code 1982, § 8-9) State law reference --Similar provisions, F.S. § 705.103. Sec. 30-43. Public nuisances. (a) "Public nuisance" as defined in this section, means the existence of excessive accumulation of litter or untended vegetation, garbage, weeds, or other dead or living plant life; or places holding stagnant water, and all other objectionable, un- sightly or unsanitary matter upon any lot, track of land within the city, whether uncovered or under shelter, to the extent and in the manner that such lot or parcel of land is, or may reason- ably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breed- ing place for mosquitoes, or threatens or endan- gers the public health, safety or welfare, includ- ing such condition causing or tending to cause disease, or by reason of such a condition, tends to impair the economic welfare of adjacent property; including abandoned or junk property as defined by this article; unsightly, derelict or unsafe build- ing or structure which may constitute a hazard to safety, health, welfare or sense of public aesthet- ics by reason of inadequate maintenance, dilapi- dation, obsolescence, or abandonment. (b) All nuisances are declared to be a public nuisance and illegal within the municipal bound- aries of the city, and shall be removed, corrected or otherwise satisfied at the direction of the city as provided in this article. (c) Any nuisance, except such nuisance as would be determined to be an emergency, existing within the city shall be brought before the code enforce- ment board of the city as provided in F.S. ch. 162. CD30:7 INSPECTION REPORT MUNICPALTY Okeechobee, FL Building Department 55 S. E. Third Ave. Okeechobee, FL 34974 (863) 763-3372 Ext. 216 APPLICANT: Roger & Terry Hare 611 SW 9"' St. Okeechobee, FL 34974 The applicant applied for siding installation on above residence. A meeting was held on or about Dec. 31, 2008. It was determined at that time, I would perform a closer on site inspection with the permission of Mrs. Hare to determine if the structure was safe and secure for -,,. --- habitation. The inspection reveled several items in question. 1). Building is set at a angle to the lot lines with the front porch extending into the front right-of-way easement thereby creating a encroachment of non compliance. 2). Several windows panes where broken or completely missing. 3). Exterior trim and wood siding is deteriorating with insect intrusion. 4). Pear foundation is crumbling. Architect or Engineer inspection and report is required to show if building is sound for human occupancy. 5). Exterior doors and landings are unstable and unsafe. 6). Electrical service is disconnected and will require a permit and inspection before reconnection. 7). Water and sewer must be brought up to currant building codes. No permit for siding will be issued until all items are addressed. Raymond L. Schaub CBO Okeechobee, Florida Date, Jan. 7, 2009 October 18,2008 �(AW-k VA Mr. Raymond S Ghxa :)---- 55 S.E. 3rd. Ave. Okeechobee, Fl. 34974 Re: Hare 611 S.W. 9th St. Okeechobee, F1. 34974 Mr. Schwab: Our telephone conversation last week did not yield an answer to my question concerning the very vague certified letter from code officer Mr. Fred Sterling, which stated that our house at 611 S.W. 9th St. was a safety hazard. Please give me a detailed explanation stating exactly what the safety hazard is. Also, I am requesting copies of all information concerning this matter. This includes all notes, letters, reports, e-mails, photos, documents, etc. My intentions are not to demolish our house and to work with you as best as we can. Thank you for your prompt reply. Mrs. Roger Hare 9205 S.E. 62 Drive Okeechobee, Fl. 34974 (863)763-1745 6. Case #08460 Edwardo Taylor 400 SE 81h Drive • 07/29/2008 — Sent Courtesy Letter as requested by Public Works about dirt washing onto city street. • 08/11/2008 — Mr. Taylor called, will have it paved by the middle of September. Gave him extension ti1109/15. • 09/17/2008 — Spore to Mr. Taylor, he stated he was working on getting it paved. Gave him an extension till 10/15 to finish the work. • 10/21/2008 — Sent Notice of Violation for sect. 30-43 Public Nuisance. Received on 10/23, signed for by Edwardo Taylor. • 11/25/2008 — Inspected property, not in compliance. • 12/12/2008 — Inspected property, not in compliance. • 12/19/2008 — Sent Notice of Hearing, received on 12/27, signed for by Edwardo Taylor. v • � ::� a �. �t 1 I � ° f �R _ �. �,,p� c, :• .. 1 .-Yt� � t _.., _. ,.. �. ,; // Case #08.164 Mortgage) Bruce D . Large (GMAC 9thStreet 00 S er ent into foreclosure. Vegetation, General Cleaning, 08/28/2008 Prop ty w • Letter about Untended 10f08/2008 — Sent Courtesy aired to GMAC Mortgage. and fence that needed to be rep property management about p roblems with 10122/2008 — Spoke to GMAC p • 0-43 public Nuisance & 30-44 property. -- ent notice of Violation for ned for by G. Marchonido. • 10/24/2008 S Received on 10/30,sig General Cleaning. ert nothing done. squatters were 11/06/2008 — Inspected prop y' was vacant. I • tone at GMAC• She stated tha sq Spoketo 3essica B airs unless the property 11/25/2008 — Sp could not do rep living in the house and they is and get back to her. Jessica and explained that told her I would check nothing done. Called 12/04/2008 — Inspected property' pursue pD on what action she neededto she had to ask nothing done. D.W. Inspected property' ned for by 12/12/2008 — Hearing, received on 12/23 sig 12/19/2008 -- Sent Notice of nothing done. 12I30/2008 — Inspected property, Case #08483 Marvi *n Bra Hey 1905 So p rro tt Ave, 12112/2008 —Delivered Notice of He for by Chad Thomas aring for sect. 30-40 Junk & 30-43 Public Nuisance. Signed Case #08-184 Marvin Brantley 1905 S. Parrott Ave. 12/12/2008 — Delivered Notice of Hearing for sect. 30-40 Junk & 30-43 Public Nuisance. Signed for by Chad Thomas. Y � s r - � . ,. � + ��- ,� ` �� A { � i;m � ,Atw t _' .. 0. it ' �, �. �+i �- t�� n i��-;.' �� .�' ,i r+ • F t,. v *' e ti.. y. i� � arm i r ��,� s¢�4-a a E� - ,'s'� �� i � ,• �� .y r. W t 'N , nL Wit. � 4 J i 4 )/7111 109 18:01 5613943324 WHITE EAGLE PAGE 02 �!' iuls. SENT VIA FACSIMILE January 13, 2009 Mr. Brian Whitehall City Administrator, City of Okeechobee City Ralf 55 SE 3rd Avenue Okeechobee, Fl— 34974 Re: Marvin Brantley Property — Code Enforcement Dear Mr. Whiteball: We understand that there is a code enforcement hearing this evening to discuss the issue of items placed in front of the fence at the Marvin Brantley property and our adjacent property on U.S. Highway "I north of Wal-Mart. To give you some background, Parrott Avenue was formed to Assemble approximately 20 acres of land, including the Brantley property, to develop a regional shopping center called Okeechobee Town Centre with national retailers. This much needed project is expected to create hundreds of jobs and boost the local economy for years to come. To date we have invested over $1 million into Town Centre. We actually went under contract with Mr. Brantley to purchase his property in mid-2007. The closing on the first parcel on the north side of his property took place in September 2007. Since that time, we have been working on putting together the financing to close on the remaining parcels, finding tenants to come to Okeechobee, and completing our due diligence including environmental studies, meetings with South Florida Water Management and the DOT. During this period, Mr. Brantley has been extremely patient and cooperative in working with no to complete the transaction. I am respectfully asking for additional forbearance from the City of Okeechobee, as we are in a position to close and are finalizing a few remaining items with, Mr. Brantley and our respective counsel_ Once the closing has taken place the property will be our responsibility and we will begin clearing it, and comply with all City Ordinances. If you have any questions, I can be reached at 561-756-1073. Thank you for your consideration. Sincerely, Keith Duffy Managing Member 21707 SAN SIMEON CIRCLE - BOC.A RATOK F, 33433 •561-756-1073 561-w-2510 (F) V1r irrm �GLEOORMADfI_PH[AvtT NDEPENDENT _ OKEECHOBEE NEWS 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 PU61't C_ in the matter of IU C F1 C-C-- Del- ►"Ie-Eft--t �1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Zvi C'` 5% — \ P ef_�� 0 9 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. C__nw6A to and subscribed before me this day of ,V-, 1-7 An tary Public, State of Florida at Large o�P"Y Pie, Janetta Thiboult Commission # DD505311 N9 o Expires January 10, 2010 Bonded Tmy Fain Insurance. Inc 800.385.7019 (863) 763-3134 CITY CODE ENFORCEMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Code Enforcement Board Meeting will be on Tuesday, January 13, 2009, at 6:30 p.m. City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to at- tend. 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 consid- ered at this meeting, such interested person will need a record of the proceed- ings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Media is for the sole purpose of back-up for of- ficial records of the Fire Department. In accordance with the Americans with Disabilities Act (ADA) and Ronda Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Sue Christopher no later than two (2) working days poor to the proceeding at 863-763-4423; rf you are.hearing or voice im- paired, call TOO 1-800-955-8770 (voice) or1-800-955-8771 (THY). by: Jamie Gamiotea, CODE BOARD CHAIRPERSON Sue Christopher, Board Secretary 306547 ON 1/9/09