2009-04-140
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OKEECHOBEE NEWS
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 SM. 17th Street, Suite
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 P06 t% t- N 0 1 c,P--
in the matter of N t' +" t-- *-- o F to `z3
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in
said newspaper in the issues of
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Affiant further says that the said Okeechobee
News is a newspaper published at Okeechobee, in
said Okeechobee County, Florida, and that saidil
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�orv�o and subscribed before me this
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CITY OF OKEECHOBEE
APRIL 14, 2009 REGULAR CODE ENFORCEMENT BOARD MEETING
SUMMARY OF BOARD ACTION
PAGE 1 oF4
I. CALL TO ORDER - Chairperson:
April 14, 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 Randy Huckabee
Board Member Les McCreary
Board Member Marsha Montesi
Board Member Penny Revels
April 14, 2009 Code Enforcement Board meeting was called to order at 6:35 p.m. by Chairperson Gamiotea.
Present
Absent without consent
Present
Present
Present
Present
Alternate Member Allison Murphy 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 McCreary moved to dispense with the reading and approve the Summary of Board Action for March 10, 2009;
Summary of Board Action for the March 10, 2009 Regular seconded by Member Huckabee.
Meeting.
VOTE
GAMMU - YES IRBY - ABSENT HUCKABEE - YES MCCREARY - YES MONTESI - YES
REVELS - YES SwEDA - ABSENT HUNT - ABSENT MURPHY - YES
MOTION CARRIED.
590
591
APRIL 14, 2009 - CEB REGULAR MEETING - PAGE 2 of 4
SSION - VOTE:
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on Code Officer Sterling requested the withdrawal of Case 09-018 Kevin & Melissa Deese from today's agenda.
today's agenda.
VI. NEW BUSINESS.
A. Disposition of Cases presented by Code Officer Sterling : I After Case 09-018 was withdrawn from agenda, there were no cases to be presented.
VII. ADJOURN REGULAR MEETING AND OPEN WORKSHOP I� Chairperson Gamiotea adjourned regular meeting and opened workshop session at 6:40 pm.
SESSION - Chairperson.
A. Discussion of Citation Resolution 09-07 Attorney Cook began the discussion stating the citation process was actually adopted years ago but was never utilized. The
new citation resolution is more detailed than the existing ordinance. He explained it was similar to a traffic citation and would
be a quicker process. He said in his opinion certain types of routine cases such as disabled vehicles could be handled more
efficiently through citations. He added, Chief Smith had talked with County Clerk, Sharon Robertson, and she did not see
any problems with the City having citations heard by the County Judge. The County currently uses citations so the process is
already in place. In conclusion, Attorney Cook said he did not foresee many cases actually reaching the point of going before
the Judge. Member McCreary stated he did not welcome a citation process, he felt the Code Officers could expedite cases
quicker and get them to the Code Board sooner. He believes the Code Board should be more actionable with the power they
have to levy fines & administrative fees. He agreed there could be a few situations citations would be useful and he hoped the
Board could find a happy medium. Chief Smith addressed the Board stating he would like to have the citation process in place
to use it if he needed it. He explained sometimes code enforcement is a little more complicated than it appears. For instance,
if a violator does not have the means to comply because of a hardship, this needs to be taken into consideration. On the other
hand, a violator who does have the means to comply but refuses to do so could be issued a citation in order to get the violators
immediate attention. He added, citations would be another "tool in his toolbox" depending on what type of loon the situation
called for. Member Murphy suggested some of the burden could be taken off the Code Officers if the Board was able to hear
the cases sooner instead of allowing violators so much time to come into compliance. Member Huckabee was agreeable to the
citation process if it accomplishes the purpose of helping the Code Officers get their job done more efficiently. At the same time,
he believes bringing violators before the Code Board provides protection to the Code Officers by serving as an impartial group
to determine the penalty for non compliance instead of one person making that decision. Member Revels felt strongly that
L
592
APRIL 14, 2009 -CES REe" Wmw - PAGE 3 of 4
,. A�ENpA
citations could be very effective in some cases where immediate action was needed. Especially if a safety hazard was an issue.
A. Discussion of Citation Resolution 09-07(continued from She also suggested a trial period to see how the process worked. Member Montesi agreed citations could be useful in some
from page 2) situations. She stated she would prefer the ordinance list specific types of cases where citations would be issued, since there
appeared to be a difference of opinion on which ones would best suited for citations. Chairperson Gamiotea reminded everyone
the Code Board operates at the discretion of the City Council. Therefore, if the Code Board's enforcement measures cause
City Council members to be inundated with complaints from citizens, they have the authority to place restraints on enforcement
measures if they so choose. He cautioned the Board not to become focused on imposing stricter fines and forget the purpose
of the Board which is to get the property cleaned not to make money. He emphasized the citation process was not for every
case but for the Code Officer to use in instances where it would facilitate compliance by the property owner. Attorney Cook
suggested the Code Board members write down their comments in reference to the citation resolution and turn them into the
City Clerks office. Then if the recommendation is made to have City Council consider adopting this resolution, they would have
the Boards comments to look over before making a decision at the City Council meeting.
Vill. ADJOURN WORKSHOP SESSION AND RECONVENE REGULAR Chairperson Gamiotea adjourned workshop session and reconvened regular meeting at 8:12 pm
MEETING - Chairperson
Chairperson Gamiotea called for a roll call vote on whether the Code Board wanted to recommend City Council consider
adopting Citation Resolution 09-07.
VOTE
GAMIOTEA - YES IRBY - ABSENT Hucw4BEE - YES McCREARY - No MONTESI - YES
REVELS - YES SwEDA - ABSENT HUNT - ABSENT MURPHY - No
MOTION CARRIED.
593
APPJL 14, 2009 - CEB REGULAR MEETNG - PAGE 4 of 4
Ei A B ACTION . Dt= VaTI F
ADJOURNMENT - CHAIRPERSON GAMIOTEA.
Jamie Gamiotea, Chairperson
ATTEST:
4-�f�
Sue Chdstopher,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
THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 8:20 P.M.
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III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary.
Chairperson Jamie Gamiotea /
Vice Chairperson Frank Irby A W/o
Board Member Randy Huckabee✓
Board Member Les McCreary
Board Member Marsha Montesi✓
Board Member Penny Revels
- - - • ^ - -I
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Alternate Member Ann Hunt It
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 March 10, 2009 Regular
Meeting.
V. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
McCr�y
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PAGE 2 of 2
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VI.
Mi.
NEW BUSINESS.
A. Disposition of Cases presented by Code Officer Sterling:
Case No. Name & Address Violation
09-018 Kevin & Melissa Deese Ch 70 Sec 70-302 Permit
1612 NW r Avenue
ADJOURN REGULAR MEETING AND OPEN WORKSHOP SESSION - Chairperson.
A. Discussion of Citation Resolution No. 09-07
Vil. ADJOURN WORKSHOP - 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.
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Can No. Name Fine Started 90 Dam
_ $250/day 8/09/06 11/7/06 9/12/06 -Imposed fine on 8/9/06 for general cleaning &commercial vehicles
06 172 John &Susan Harmer - In compliance as of 10/16/06 - fine stopped
1002 SE P Drive 1/09/07 -Recommend to proceed with foreclosure (approved 2/6/07)
07-026
Jenkins & Hauser
1104 SE 8* Drive
$50lday 4/18/07 7/16/07
cleaning &
9/11/07 - Recommend to proceed with forsed fine on 4/18/07 for eclosure (approved disabled vehicle.
- In compliance as of 10/5/07 - fine stopped
07-077
William Rose
928 SW Park Street
$25lday 9/26/07 12/24/07
rmits
9/08/O8 - Recommended to proceed with foreclosure not approved
_ In compliance as of 1/15/08 - fine stopped
07-160
Arthur Davis
1100 Blk NW 6te Street
$25/day 6/30/O8 9/27/08
/og Imposed fine on 6/30/08 for general cle
60�14/08-Recommended to proceed with foreclosure approved 10/21/08 for
Lots: 11 -14 Blk: 18)
08-114
08-122
Suet -Fong Tsang
800 Blk NW 12`s Street
Cody Brown
$50/day 10/29/08 1/26/09
$50/day 10/20/08 1/17/09
10/14/08 -imposed fine on 10/29/08 for general cleaning
10/14/08 -Imposed fine on 10/20/09 for general cleaning and public nuisances.
81Street
08-173
Marie Fenton
700 Blk SE 12t° Ave.
$50/day 4/02/09 7/01/09
3/10/09 - Imposed fine on 4/2/09 for general cleaning