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2009-03-10CITY OF OKEECHOBEE MARCH 10, 2009 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 oF4 AiMbA I. CALL TO ORDER - Chairperson: March 10, 2009 Regular Meeting, 6:30 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 Board Member Marsha Montesi Board Member Penny Revels Board Member Rennae Sweda March 10, 2009 Code Enforcement Board meeting was called to order at 6:34 p.m. by Chairperson Gamiotea. Present Present Present Absent with consent (Ann Hunt filled seat for Member Montesi) Present Present (entered chambers at 6:50 p.m. - Randy Huckabee filled seat for Member Sweda) ems a member Ann Hunt Present Board Attorney John Cook Present Fire Chief/Code Enforcement Officer Herb Smith Present Code Enforcement Officer Fred Sterling Present Board Secretary Sue Christopher I Present IV. MINUTES - Secretary. 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 January 13, 2009; seconded Summary of Board Action for the January 13, 2009 Regular by Member Revels. Meeting. VOTE GmioTEA - YES IRBY - YES MCCREARY - YES MONTESI - ABSENT REVELS - YES SwEDA - ABSENT HUCKABEE - YES HuNT - YES MOTION CARRIED. 587 MARCH 10, 2009 - CEB REGULAR MEETING - PAGE 2 OF 4 VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : No. 07-150 Attorney Cook advised the Board the lien imposed by the Code Board was not filed until after the Lis Pendens to Jason Estes & Kdsty Petty. 608 SE 12' Avenue foreclose on the property had already been filed. Therefore the lien could not be enforced and would need to be Consider request to release lien. released. He added we could collect administrative cost up to five hundred dollars ($500.00). Member Irby moved to release the lien on Case 07-150 and approve five -hundred dollar administrative fee; seconded by Member Huckabee. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTE& - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES HUNT - YES MOTION CARRIED. No. 08-137 Code Officer Sterling testified a couple of years ago the owner had mowed and cleaned the ro p petty. Since that time the Financial Resources of America.1006 NW 10"' Avenue property was not maintained and has become very overgrown. He added other property in the area is mowed on a regular Ch 30 Sec 3044 General cleaning & beautification basis. He said he has not been able to contact the owner. Member Revels moved to find Case 08-137 in violation of Ch 30 Sec 3044 imposing a fine of fifty dollars ($50.00) per day beginning the day notice is posted on property and copy of board order is sent certified mail to the mailing address given by the Secretary of State; seconded by Member Irby. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - ABSENT REVELS - YES SWEDA - ABSENT HUCKABEE - YES HUNT - YES MOTION CARRIED. ii 0 J No. 08-173 Marie Fenton. 700 Blk SE 121 Avenue Ch 30 Sec 3044 General cleaning & beautification No. 08-183 Marvin W. Brantley.1905 S Parrott Avenue Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisances MARCH 10, 2009 -CEB REQULAR MEEnNG - PAGE 3 OF 4 Code Officer Sterling testified property is overgrown and becoming a dumping ground. He said he has been unable to make contact with the owner and received no response to the certified letters sent. Member Revels moved to find Case 08-173 in violation of Ch 30 Sec 3044 imposing a fine of fifty dollars ($50.00) per day beginning the day notice is posted on property and a copy of board order sent certified mail to the property owner; seconded by Member Irby. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - ABSENT REVELS - YES SWEDA - YES HucKABEE - YES HUNT - YEs MOTION CARRIED. Code Officer Sterling testified Notice of Hearing was hand delivered to Mr. Brantley, but junk remains in front of fence ,visible to the public and nothing has been done to clean up the property. At this time prospective new owner, Keith Duffy, addressed the Board stating the closing had been delayed due to some unexpected financial obligations which depleted the funds available for the purchase of the Brantley property. He said the closing date is now set for March 19, 2009. Brian Holden from DR Wilson Land Company explained to the Board the contract specifies upon closing day, all junk must be behind the fence and what remains must be entirely removed from the property within six months from closing. After some discussion, Member Huckabee dollars ($500.00) per day beginning April 1, 2009 if property remains in violation on or after that date; seconded by Member McCreary. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - ABSENT REVELS - YES SWEDA - YES HUCKABEE - YES HUNT - YEs MOTION CARRIED. No. 08-184 Attorney Cook advised the Board it was only necessary to cite one parcel of Mr. Brantley's property in order to achieve the Marvin W. Brantley.1905 S Parrott Avenue Board's purpose of getting the property into compliance. Member Huckabee moved to dismiss the violation of Ch 30 Sec 30-40 Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisances and Sec 30-43 on Case 08-184 Marvin Brantley; seconded by Member Revels. VOTE GAMwu - YES IRBY - YES MCCREARY - YES MONTE& - ABSENT REVELS - YES SWEDA - YEs HucKABEE - YES HUNT - YEs MOTION CARRIED. 9 1 B. Review the proposed Citation Resolution No 09-07 Lane Gamiotea, City Clerk ADJOURNMENT - CHAIRPERSON GAMIOTEA. Gamiotea, Chairperson A EST: 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 MARCH 10, 2009 - CEB REGULAR MEETING - PAGE 4 OF 4 City Clerk, Lane Gamiotea, gave some background to new Board members as to how Resolution 09-07 came about and said she was there to take any questions for clarification on the Resolution. Member McCreary voiced a concern that the citation process would eventually eliminate the need for a Code Board. Chief Smith assured the Board under his supervision citations would only be used occasionally and would not take away from the personal aspect provided through the Code Officer and Code Board. Member Irby felt strongly the citation process would speed up the violators response time. Member Sweda felt the citation process would place more emphasis on enforcement and less emphasis on helping the citizens. Member Revels stated the citations would let violators know we were serious about getting property into compliance, she didn't think citations would replace the Code Board. Chairperson Gamiotea said in his opinion citations would be another avenue to accomplish the goal of the Code Board which is getting property cleaned up. Member Huckabee felt the Code Board instead of the Code Officer could make the decision to issue a citation after other enforcement measures had failed. After a lengthy discussion, there was a general consensus among the Board that more time should be devoted to discussing this issue. Chairperson Gamiotea suggested a workshop be scheduled for Code Board Members to further discuss Resolution 09-07. Member Huckabee moved to set aside an appropriate time for the Code Board to continue discussing Resolution 09-07; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - YES MCCREARY - YES MONTESI - ABSENT REVELS - YES SWEDA - YES HUCKABEE - YES HUNT - YES MOTION CARRIED. BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 8:40 P.M. ENEPE �NEWSiP1 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 / O& Vt C N it.e__ in the matter of %\)C)-t C _e dT M_eP .t *i4 � in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of lM r 1_� (6 , 9-00 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. S or41 to and subscribed before me this day of X%kl_at A ©n ry Public, State of Florid at Large Janetta Thlboult Commission # DD505311 4 Expires January 10, 2010 OF A Bar - Troy Fan tKraanoe. arc D00. WM9 (863) 7634M MY CODE BPORCO R flMllp fff�Ttf18 0 HEII W MM fhd ft ppllyy. of ftKh bee Code Entaca pwibem1YeeAXfto146awd"1;CRY Nd, an zoo, fl of dobee, Fforka na ouoic fad Fa' a copy � the spade aonnu Soe TAKE N0M AND BE AM= fhd M rayy pawn de*% to M mach by ft Cade Enbrcaraid Bard war naperd b ary ma t ft m001bq, weh ederesled peam rA need a record of I VA IN aa�fifi Wpm may need b MW a vabrim rot to tIs ap W ig Im the tit morala bbic wft of fhe Ffre Deprbaid. dance ,rife the Amrkaa wYh DUabrea Act 04 and Fb CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MARCH 10, 2009 OFFICIAL AGENDA PAGE 1 oF 2 I. CALL TO ORDER - Chairperson: March 10, 2009 Regular Meeting, 6:30 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 Board Member Marsha Montesi A W/e onsQr �� s�t� Board Member Penny Revels f Soard Member Rennae Sweda✓(e4,vej hWs �� — `��``�'� led �ecLi� urt�+I �we�� cwr�✓�} Alternate Member Randy Huckabee✓ Alternate Member Ann Hunt ✓ 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 January 13, 2009 Regular Meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 2 of 2 VI. NEW BUSINESS. A, Q 7 -/50 ` ik A. Disposition of Cases presented by Code Officer Sterling: 011-t t, �c�t Case No. Name 8 Addreaa Violation �O u�oW�i`�e � i e lz ew �d wc�#'!�b, � � we coxaa 07-150 Jason Estes & Kristy Petty Consider request for fine reduction ' M-Yr� eavt �X A160D ' 608 SE 121' Avenue / 08-078 Gwynn & Linda Johnson Ch 30 Sec 3041 Disabled vehicles and Sec 3043 200 Blk NE 91' & 10" Street Public nuisances CO _ L,�, 08-137 Financial Resources of America Ch 30 Sec 3044 General cleaning & beautification bo , 1006 NW 10"' Avenue Lof &- �n sum a, 08-173 Marie Fenton Ch 30 Sec 30-44 General cleaning & beautification ern- ync > 700 Blk SE 121' Avenue `n - 08-183 Marvin W. Brantley Ch 30 Sec 3040 Junk and Sec 3043 Public nuisances j'I,�- 1905 SParrott Avenue i� bg 1,y 3 fp ��.� c ad ee �e.� �cc�c Q Ile�� -n Marvin 08-184 Man W. Brantley Ch 30 Sec 30-40 Junk and Sec 30-43 Public nuisances 0~ 1 1905 S Parrott Avenue -= lrc:o . 30 — B. Review the proposed Citation Resolution No. 09-07 and offer a recommendation to the City Council regarding thedA4t,�o-ems- adoption of the resolution - Chief Smith � '71t c� gLcr►c�.�. . 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. �— SKR�Ch,�- Jfb P�'✓�-L° a� —�L(.a CA.a'¢ �,Ovv�Cf -7/a8—�Ky 6'�re J-t1e (�.adA boa'd" from �-hz U�orcl�� yz�" RESOLUTION NO. 09-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO. 0145 IN ITS ENTIRETY, ESTABLISHING A STANDARD FORM OF CITATION REGARDING CODE ENFORCEMENT VIOLATIONS; ESTABLISHING DESIGNATION OF ENFORCEMENT OFFICERS; DESIGNATING SPECIFIC VIOLATIONS AND A SCHEDULE OF PENALTIES REGARDING THE CITATION PROCEDURE; PROVIDING FOR THE CITATION PROCEDURES AND FEE SCHEDULE TO BE INCLUDED IN THE CODE OF ORDINANCES AS APPENDIX G; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted by Ordinance No. 782 an aftemate method for enforcement of code violations in the City by approving issuances of citations pursuant to the authority of Florida Statutes Chapter 162 (21 through 23); and WHEREAS, the enforcement of the City Code of Ordinances serves a legitimate public service; protects the rights and responsibilities of all citizens of the City of Okeechobee, and enacting enforcement procedures is a valid municipal function; and WHEREAS, the appointed Code En6...., . i Board for the City of Okeechobee, who are charged with the regular and routine task of enforcement of City Codes, has requested that the alternate method of enforcement through issuance of citations be approved by the City Council; and WHEREAS, designation of specific violations and a schedule of penalties will enhance the ability of the City to enforce its code and ordinances; and WHEREAS, in the interest of expediency and ease of amendment as necessary, it is in the best interests of the City to adopt a fist of violations with scheduled fines for use in enforcement of codes via citations by resolution, and to include such schedule as 'Appendix G' to the City Code of Ordinanoes. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. Audum ty and purpose, Standard Form of Citation. As provided in F.S. § 162.21 the City of Okeechobee herebyadopts the process forcitation violations and a standard form of citation for use in code and ordinance violations which shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. p 3. The date and time of the civil infraction was committed. Page 1 of 7 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedures for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. SECTION 2. Designation of enforcement officers. For the purpose of this chapter, the City of Okeechobee hereby designates the Fire Chief, Fire Inspectors, all full-time and part-time code enforcement officers and swom law enforcement officers as "Code Enforcement Officers" who shall have the powers and authority to issue citations through the procedures set forth in this resolution and Florida Statute Chapters 162 (21 through 23). SECTION 3. Procedure for issuing citations. It is the policy of the City of Okeechobee, through its Code Enforcement Board as appointed pursuant to the provisions of Florida Statutes Chapter 162, to enforce code violations through the procedures as set out in both Part I and Part II of said statute. Wamina notice prior to citation issuance: exceotion. The City Code Enforcement Officer shall investigate, write violations, and enforce code violations as necessaryfor all City Codes, including land use regulations under adopted Land Development Regulations, and other codes or ordinances as appropriate. Except in the case of a repeat violator or service threat to the public's health, safety or welfare, or violation threatening imminent or irreparable harm to persons or property, the Code Officer shall first, prior to issues a citation, provide the violator with a courtesy letter outlining the nature of the violation, and the time periods provided for correction of the problem(s), which shall be not less than 5 days nor more than 30 days, as deemed appropriate considering the nature of the violation. Service of warning notice or citation. (1) Written warning notices, if applicable, and citations shall be hand delivered to the alleged violator by the code enforcement officer. In the absence of the alleged violator, issuance of a written warning notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is fifteen (15) years of age p! or older and informing the person of the contents or by registered or certified X mail, return receipt requested. T (2) Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by E� registered or certified mail, return receipt requested to the property owner. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citation. O Q.. Page 2 of 7 SECTION 4. Criminal penalties; Refusal to Sign Citation. Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. 775.082 or 775.083. If the person cited so refuses to sign the citation, the code enforcement officer shall write the words 'Refused" or "Refused to Sign" in the space provided for the personal signature and shall then leave a copy of the citation with the person cited, if possible. Following such refusal to sign, the code enforcement officer shall contact the City of Okeechobee Police to report such refusal as a violation of Section 162.21(6), Florida Statutes. SECTION 5. Enforcement procedures. In the implementation of enforcement action under this ordinance, the following procedures shall apply: (a) A violation of any municipal code or ordinance is a civil infraction, and the maximum civil penalty shall not exceed $500.00 for each violation. (b) In an instance where the alleged violator elects to not contest the violation by either failing to appear in court ... :.. .1, or by admitting such violation, the maximum penalty shall be less than the sum of $500.00, taking into consideration the factors set forth in Section 6. (c) The designated code officer(s) shall issue a notice to appear in County Court upon reasonable cause to believe that a person has committed an act in violation of a municipal code or ordinance, and file same with the Clerk of Court together with a copy within five days of issuance. (d) The Clerk of Court shall issue to the alleged violator a notice of date and time to appear in County Court to address the violation. The Code Officer issuing the notice to appear shall appear in Court on behalf of the City, and the alleged violator may appear to consent to, or contest, the violation(s). As the violations are civil in nature, the violator will not be appointed an attorney, although any violator may retain counsel at their own expense to appear at the hearing. Ali parties should be prepared at the hearing with any witness, photographs, or documentary evidence as they may wish to present that is pertinent to the issue. The Florida rules of evidence shall apply to all proceedings in the County Court. Any party wishing to retain a record of the proceedings should be prepared to retain a court reporter at their own expense. (a) Upon conclusion of the hearing, if the violator is determined to be guilty of the violation, the Court may assess in addition to civil penalties certain court costs as may be mandated by rules of court or by State Statute. Included in a finding of guilt shall be a time period to come into compliance with the applicable code or ordinance, not to exceed 30 days, although an extension may be granted under extenuating circumstances agreed to by the City or ordered by the court. (f) Payment of any civil penalty imposed by this Resolution shall be made to the Clerk of the Court, who shall forward the monies collected to the City Finance Department for deposit into the appropriate City fund for distribution and use by the Code Enforcement Department. If a judgement has been entered for the civil penalty, the Clerk of the Court shall notify the City when the judgment has been paid, and the necessary satisfaction of judgement shall be prepared and recorded in the official records of the County. The Clerk of the Court may determine to add additional fees to the civil penalty to be retained by the County Clerk as an administrative fee. Page 3 of 7 (g) If any part of a fine or penalty, or court cost, assessed against the violator should remain unpaid 30 days from date of order, the City shall file a lien in the public records of the Circuit Court, Okeechobee County, Florida, for such amount(s), which shall be a general lien against the real and personal property of the violator, enforceable as provided in Chapter 162, Florida Statutes. 2. These provisions shall not apply to enforcement pursuant to F.S. 553.79 and 553.80 of the Florida Building Code adopted under Section 553.73 as applied to construction, provided that a building permit is either not required, or has been issued by the City. 3. These provisions are additional and supplemental means of enforcing municipal codes or ordinances, and may be used in the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained herein shall prohibit the City from enforcing its codes or ordinances by any other means. SECTION 6. Designation of specific violations and penalties. To achieve uniformity of penalty and enforcement in the process of code enforcement, the code enforcement officer for the City of Okeechobee should observe and follow the listed penalties for the various code violations listed hereafter. Nothing shall prevent however, the code enforcement officer from issuing a lower or higher fine, than that suggested by this resolution, of up to $250.00 for a first violation and up to $500.00 for second and subsequent violations, when considering the following factors: 1. The gravity of the violation and effect of neighboring properties. 2. Anyactions taken bythe violatorto correctthe problem(s) after their courtesy letter. 3. Any previous findings of violations by such violator on the subject property or against other properties owned by such violator. 4. The length of time the violation has existed. 5. The degree of co-operation offered by the violator in correcting the problem(s). The violations listed below by reference to section number and description of violation, which is not all-inclusive, may be enforced by issuance of a civil citation conforming to the requirements of F.S. § 162.21. Any violation not specifically listed below may be enforced and punishable by a fine of up to $250.00 for the first violation and up to $500.00 for second and subsequent violations. The citation shall contain a conspicuous statement that if the violator fails to pay the fine within the time period prescribed on the citation, or falls to appear in county court upon notice, that such person waives the right to contest the violation, and judgement may be entered for up to the maximum penalty statutorily allowed. DESCRIPTION AND SECT*N NO. Abandoned vehicle §30-32 Accumulation of garbage, trash, junk and/or debris §30-32 Advertisingfillegal §14-291 & 90-563 Advertising/on public property §90-563(3) MINIMUM MAXIMUM REDUCED PENALTY REPEAT CIVIL PENALTY I I OFFENSES $25.00 $100.00 , $500.00 $25.00 $100.00 $500.00 $25.00 $100.00 $500.00 $25.00 I $100.00 I $500.00 Page 4 of 7 Barrier for a swimming pool not provided or $50.00 $250.00 $500.00 inadequate §90-452 Commercial vehicles stored in a residentially $75.00 $150.00 $500.00 zoned area W-51 Construction in the right-of-way without permit $50.00 $100.00 $500.00 §46-42 Damage to City Street or Sidewalk §46-3 $125.00 $250.00 $500.00 Excessive accumulations of trash for pick-up $50.00 $100.00 $500.00 §30-32 Garbage/container required but not provided $50.00 1 $100.00 1 $500.00 (residential) § 30-35(3) Garbage/commercial container required but not $50.00 1 $100.00 1 $500.00 provided (apartments of 4 units or more) §30-35 Garbage/Improper disposal (residential) §30-37 11 $50.00 I $100.00 I $500.00 & §42-31 Illegal dumping §30-32 1 $125.00 1 $250.00 I $500.00 Illegal signs in right-of-way §90-563(3) $50.00 I $100.00 I $500.00 Illegal structure §70-251 $50.00 I $100.00 I $500.00 Improper refuse receptacle and signs for $50.00 I $100.00 I $500.00 commercial establishments §30-35 Improperly disposing of industrial wastes F.S. $125.00 I $250.00 I $500.00 376 Improperly maintained landscaping (traffic hazard) §30-46 $50.00 I $100.00 I IIII $500.00 Landscaping damaging utilities or drainage §54- $50.00 1 $100.00 121 Litter (producing or failing to dean up) § 30-32 I $50.00 I $100.00 Noise ordinance violation §30-81, 82 $50.00 1 $100.00 I Obstructing the right-of-way §54-41 $50-00 I $100.00 I Obstructing traffic line of sight or control signs $50.00 I 1 $100.00 I §30-465 Business Tax Receipt violation §50-32 + $125.00 , $250.00 1 Open hole or excavation §46-5 $50.00 1 $100.00 I Overgrown lots §30-33 ( $50.00 j $100.00 I 3arades without permit §46-1 $50.00 + $100.00 1 'eddling/hawking violation §14-121 $50.00 j $100.00 I 'olitical signs not removed in allowed time §90- M(3)(f) $50.00 $100.00 III III 'olitical sign size violation §90-564-(3)(f) + $50.00 j $100.00 I 'osting of sign or garage sale or other idvertisement on Clty trees located In the right $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 if way or on other city owned properties §90- $50.00 $100.00 $500.00 �63(2)-(5) I J 'ublic nuisance not abated §10-8, §30-43, §54- 21 $50.00 $100.00 I $500.00 Page 5 of 7 Raw sewage spill uncorrected §58-73 1 $125.00 1 $250.00 1 $500.00 Sale of alcoholic beverages near churches, $125.00 I $250.00 $500.00 schools or day care centers §6-2 I 1 Sale of alcoholic beverages on Sundays §6-1 $125.00 1 $250.00 1 $500.00 Signage §90-565 $50.00 1 $100.00 1 $500.00 Signs without permits §90-562 $50.00 1 $100.00 I $500.00 Solicitation in violation of code requirements I $50.00 $100.00 $500.00 §14-121 to §14-178 I III IIII Stagnant water §30-32 $50.00 $100.00 $500.00 Unapproved carnival §90-662 to §90-666 $50.00 $100.00 $500.00 Unlicensed junkyard §30-40 $125.00 I $250.00 $500.00 Vacant dwelling unsecured §30-43 $125.00 1 $250.00 1 $500.00 Vacant building unsecured §30-43 $125.00 1 $250.00 1 $500.00 Visibility Triangle Violation §30-46 $50.00 $100.00 $500.00 Yard Sale in a Commercial or Industrial zone $50.00 {1 I� $100.00 $500.00 without a permit §90-282 & §90-283 I I IIII All other Florida Building Code violations §66-10 ` $50.00 ' $100.00 $500.00 Illegal sign structure §70-273 $100.00 1 $200.00 1 $500.00 Demolition without a permit §70-251 $100.00 I $200.00 I $500.00 Working without a building permit §70-251 $100.00 I $200.00 $500.00 Mobile home in location other than a licensed $100.00 II $200.00 $500.00 mobile home park §70-273 I IIII Church without a certificate of use and $100.00 I $200.00 I $500.00 occupancy §70-273 f f Violation of fence height restriction in $100.00 $200.00 $500.00 commercial zones §70-273 Erecting fence without a permit (all zones) §70- $100.00 $200.00 $500.00 251 III I Failure to maintain a building or structure in safe { $100.00 $200.00 $500.00 condition §70-273 I Failure to comply with lawful stop work order $100.00 I $200.00 I $500.00 §70-273 Failure to maintain devices or safeguards in $100.00 I $200.00 I $500.00 good working order §70-273 Failure to remove debris, equipment, material or $100.00 $200.00I $500.00 sheds §30-43 i Failure to provide required handicapped $100.00 $250.00 I $500.00 accessibility §38-31 Hindering or obstructing director or inspector $100.00 $250.00 $500.00 §70-271 Violations of fence restrictions of residential I $100.00 I $250.00 I $500.00 zones §70-273 Violation of the South Florida Building Code I $100.00 ` $250.00 $500.00 §66-10 I Page 6 of 7 Violations in mobile home parks (includes tie I $100.00 I $250.00 I $500.00 downs) §70-273 Violations regarding water connection violation, blocking meters, wastewater connection violations, any and all violations dealing with the water and wastewater service within the City are deferred to the Okeechobee Utility Authority as provided by Interlocal Agreement. Violations regards animals are referred to the Okeechobee County Animal Shelter as provided by Interlocal Agreement Section 7. Miscellaneous. Any municipal code or ordinance not specifically listed in section 6 may be enforced as any other code or ordinance, with a maximum penalty of $250.00 forfirst violation and $500.00 for second or subsequent violations. ,ACTION 8. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this I r day of March, 20Qj-. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 7 of 7 CODE ENFORCEMENT BOARD �A ht �} ' 10-t 0" March 10, 2009�`r-1 **,►,t***!r***,r,�,:***�***,t**t***,t******,t*,r**Kx****��***�t*****#**,t****,t,t,t******,t,t*****,trr*,t********t�*,t*,t********************************************** Case No. Name Fine Started 90 Days Code Board Action 06-172 John & Susan Hanner $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 anc cleaning. 9/11/07 - Recommend to proceed with foreclosure (goo approved) - In compliance as of 10/19/07 - fine stopped 12/9/08 - Fine reduced to the amount of $1,025.00 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 8" 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 1115108 - 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 6/30/08 for general cleaning. 1100 Blk NW a Street 10/14/08-Recommended to proceed with foreclosure (approved 10/21/08 for Lots: 11-14 Blk: 18) 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`h Street 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 Exh;bc+ A*3 Nlafzc to/ elm City of Okeechobee Code Board Meeting March 10. 2009 Case #07-150 Jason Estes 606 SE 12th Avenue O 1 /08/2008 — Case came before Code Board. Found not in .compliance and a fine of $25.00 per day was assessed starting in 60 days. 03/09/2008 — Fine of $25.00 per day started and ran for 45 days. Total fine was $1125.00 plus $25.00 administrative fee equaling $1150.00. Case #08437 Financial Resources of America 1006 NW loth Avenue Untended Vegetation & General Cleaning • 09/22/2008 —Mailed Notice of Violation. • 10/31/2008 — Notice of Violation returned unclaimed. • 11 /04/2008 — Posted Notice of Violation • 02/26/2009 — Mailed Notice of Hearing. • 02/27/2009 — Posted Notice of Hearing. Case #08473 Marie Fenton 700 Block SE 12th Avenue Untended Vegetation & General Cleaning • 11/20/2008 — Mailed Notice of Violation. • 11/25/2008 — Notice of Violation returned. • 11/26/2008 — Posted Notice of Violation. 02/24/2009 — Mailed Notice of Hearing. 02/27/2009 — Posted Notice of Hearing. "IF" A' .5 o 41 t At a. 40. C 14, At Q. Al" I .1 t'-" A-XIVI ".-I P., MAIW .1F Ak OtC-'E OF HEARING ra Case #08483 Marvin W. Brantley 1905 S. Parrott Avenue Public Nuisance Untended Vegetation & General Cleaning 03/03/2009 — Hand delivered second Notice of Hearing. Case #08484 Marvin W. Brantley 1905 S. Parrott Avenue Public Nuisance Untended Vegetation & General Cleaning 03/03/2009 — Hand delivered second Notice of Hearing.