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2009-05-121 CITY OF OKEECHOBEE MAY 12, 2009 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson: May 12, 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 Board Member Rennae Sweda Alternate Member Ann Hunt Alternate Member Allison Murphy Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher May 12, 2009 Code Enforcement Board meeting was called to order at 6:34 p.m. by Chairperson Gamiotea, Present Present Absent with consent Present Present Present Absent with consent Absent with consent Present Absent Present Present Present PAGE I OF4 IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Member Montesi moved to dispense with the reading and approve the Summa of Bo Summary of Board Action for the April 14, 2009 Regular by Member Revels. ry and Action for April 14, 2009; seconded Meeting and Workshop. VOTE GAMIOTEA -YES IRBY •YES HUCKABEE - ABSENT MCCREARY - YES MONTESI - YES REVELS -YES SWEDA - ABSENT HUNT - ABSENT MURPHY - YES MOTION CARRIED. 594 595 MAY 12, 2009 - CEB REGULAR MEETING - PAGE 2 OF 4 AGENDA 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 : No. 09-020 Vicki Staton.1003 NW 7" Street Ch 30 Sec 30-40 Junk ACTION - Code Officer Sterling requested the withdrawal of Case 09-022 Clark Holding and Case 09-023 Robert Leach from today's agenda. Code Officer Sterling testified property owner, Vicki Staton, had received notification of the violation by certified mail. In addition, he had talked with her and given an extension until April 6, 2009. However the property is still in violation as of this meeting. Vicki Staton addressed the Board stating two of her children had moved back home and this would be a temporary situation. She said her daughter is looking for a job and a place to live. She requested the Code Board allow her a little more time to clean up the carport. Member McCreary said although the Board sympathizes with her situation they must take into consideration the neighbors rights to have a clean neighborhood. Ms. Staton asked if covering with a tarp and putting lattice work around carport would be sufficient until her daughter can move her things. Code Officer Sterling stated as long as storage items were not visible from the road it would be acceptable. Member Revels moved to find Case 09-020 Vicki Staton, in violation of Ch 30 Sec 30-40 allowing ten days from May 13, 2009 to come into compliance after that time a fine of twenty-five dollars per day would be imposed; seconded by Member McCreary. After some discussion Member Revels amended her motion to allow twenty days from May 13, 2009 to come into compliance then a twenty-five dollar per day fine would commence if property is not in compliance; seconded by Member McCreary. VOTE Gomm - YES IRBY - YES HUCKABEE - ABSENT MCCREARY - YES MONTESI - YES REVELS -YES SWEDA - ABSENT HUNT - ABSENT MURPHY - YES MOTION CARRIED. 596 AGENDA MAY 12, 2009 -CEB REGULAR MEETING - PAGE 3 OF 4 ROORn erTIMI nIL+Al 1Ch0%A0%L. -- ..�. - vwvy�70wry - YV [t Da Buchanan, Code Officer Sterling testified property owner, Dan Buchannan, had received certified Dan Buchanan. 801 NW 8`h Avenue with him several times. When Code Officer Sterling m led notice of the violation and he had spoke Ch 30 Sec 30-41 Disabled vehicles, Sec 30-43 Public by Monday, July 18, 2009. Mr. Sterling said there are t several inoperable vehicles, c es, ahe said the property morning p perty would be cleave nuisances and Ch 54 Sec 54-81 Use as a residence an open trench which is a safety hazard and containers full of oil. There was some RV that is being used board as to who ca a residence be considered a repeat violator. Chairperson Gamiotea read the definition of repeadiscussion olat on from FloridStatute 162.04(6 as follows: "Repeat violation means a violation of a provision of a code or ordinance by a person who has been previously four judicial process to have violated or who has admitted violating the Sam( through a code enforcement board or any other quasi provision within 5 years prior to the violation, notwithstanding the violations occur at different locations." Member Revels move( to find Case 09-027 Dan Buchanan in violation of Ch 30 Sec 30-41, Sec 30-43 and Ch 54 Sec 54-81 imposing a fine of one hundred dollars per day beginning May 19, 2009; seconded by Member Irby. After further discussion Member Irby rescindec his second and Member Revels amended her motion to impose a fine of one hundred dollars per day commencing upon eceipi of proper notification; seconded by Member Murphy. GAMIOTEA -YES IRBY -YES VOTE HUCKABEE - ABSENT MCCREARY - YES MONTESI - YES REVELS -YES SWEDA - ABSENT HUNT - ABSENT MURPHY - YES MOTION CARRIED. No. 08-114 Code Officer Sterling gave a brief overview of this case. He said the property ow Suet -Fong Tsang, 800 Blk NW 12 Street have been returned in the mail and property taxes have not been aid for several ye has a New York address and all notices Consider foreclosure recommendation staff have Attorney Cook review this case before sending it to CityCouncil since Proal years. Chairperson ever been suggested Member Montesi moved to recommend City Council proceed with foreclosure on Case 08-114 Suet -Fong rty owners have n Tsan ; s contacted, Member Revels. g, seconded by GAMIOTEA -YES IRBY -YES VOTE HUCKABEE - ABSENT MCCREARY - YES MONTESI - YES REVELS -YES SWEDA - ABSENT HUNT - ABSENT MURPHY - YES MOTION CARRIED. 597 MAY 12, 2009 - CEB REGULAR MEETING - PAGE 4 OF 4 No. 08-122 Cody Brown. 813 SE 3rd Street Consider foreclosure recommendation ADJOURNMENT- ie Gamiotea, Chairperson ATTZST: 1 � Sue Chdnstopher,Secreta PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Code Officer Sterling stated Cody Brown's sister is trying to buy the property from Mr. Brown's guardian since he is still a minor. The sister would like to talk to Attorney Cook to see what her options are in buying the property but she has been unable to contact him at this time. Chief Smith was concerned about foreclosing on a house that was given to a minor by a deceased parent. Code Officer Sterling added the property was found in compliance a couple of months ago when the house was secured so the fine is no longer accruing. Member McCreary moved to postpone any action on Case 08-122 Cody Brown, until the next regular meeting and requested staff facilitate communication between Mr. Brown's sister and Attorney Cook; seconded by Member Revels. VOTE GAMIOTEA - YES IRBY - YES HUCKABEE - ABSENT MCCRWY - YES MONTESI - YES REVELS -YES SWEDA - ABSENT HUNT - ABSENT MURPHY - YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 7:42 P.M. -INDEPENDENT NEWSPAPERS 01<EEC140BLT_' NEWS 107 S NA', 17th Street, Suile D. Okeechobee, FL 34974 (863) 763-3134 OWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 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 1 /I1.��, in the matter of ' (—��',f1�il-✓'vc_ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of .�: � ) 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. f-SwornTo and subscribed before me this 91 LIZ day of AD y Public, State of Florida at Large Official Seal SELENA L. EUBANKS 7) Notary Public, State of Florida My Comm. expires Sept. 25, 2009 Comm. No. DD-AZ5290 CITY CODE ENF RD ORCEMENr BOARD. OAMEETING NOTICE IS NEREBy GIVEN that the City of Okeechobee Code En- forcement Board will be meeting on Tuesday,, mvay 12, 2009, at ' Ave, Rm 200, Okeechobee, Fl55 oridda. I The public is invited and encour- Tto attend. TAKE NOTICE AND BE AD- VISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision invoN- ing the matters noticed herein will be responsible for making a verba- dm record of the hes0morry and evidence at said meeting upon which any appeal is to be based. Please contact Sue Christopher, 863-763-4423, or www kea bea mwebstto Obtain a copy of the agenda, In accordance with the GM an, with Disabilities Act (ADA) of 1990 Persons needing special accommo- dation to participate in this pro-. ceedmg should contact the Fire Departrnent at 863-763-4423 for assistance. by: Jamie Gamiotea, Code Board Chairperson 319282 ON 5/8/09 CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD MAY 12, 2009 OFFICIAL AGENDA I. CALL TO ORDER- Chairperson: May 12, 2009 Regular Meeting, 6:30 p.m. II. PLEDGE OF ALLEGIANCE - Chairperson. 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 Board Member Rennae Sweda Alternate Member Ann Hunt 4 Alternate Member Allison Murphy Board Attorney John Cookf►- Fire Chief/Code Enforcement Officer Herb�mith// 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 April 14, 2009 Regular Meeting and Workshop. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. �;U4Py-) PAGE 1 OF 2 Y PAGE 2 OF 2 . VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling and Chief Smith: Case No. Name & Address Violation 09-020 Vicki Staton Ch 30 Sec 30-40 Junk 1003 NW 7`h Street 09-022 Clark Holding NFPA 101 Ch 9.4 & 9.6' rication Jti 205 N Parrott Avenue 09-023 Robert Leach Ch 30 Sec 30-44 General cleaning & beau 923 NW 11" Street Ch 70 Sec 70-302 Permit 09-027 Dan Buchanan Ch 30 Sec 30-41 Disabled vehicles, Sec 30-43 Public 801 NW 81' Avenue nuisance and Ch 50 Sec 50-81 Use as a residence 08-114 Suet -Fong Tsang Consider foreclosure recommendation 800 Blk NW 12" Street 08-122 Cody Brown Consider foreclosure recommendation 813 SE 3'd Street 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. UGC(-0 G u_G ��-t5(kti ? al' my o_ 44 tu tb 44 Y- H� t, 5 - I a � 1�4 4� 114" 10 IA� oc-4 Cry 47 tvv CODE ENFORCEMENT BOARD MAY 12, 1009 May 12, 2009 . 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) 07-026 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 07-160 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 6" 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 121h 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 311 Street 08-173 Marie Fenton $50/day 4/02/09 7/01/09 3/10/09 - Imposed fine on 4/2/09 for general cleaning 700 Blk SE 12`h Ave. - In compliance as of 4/20/09 - fine stopped xh►1o;�- Ov. ��, Ian aoo g City of Okeechobee Code Board Meeting May 12, 2009 Case #09-020 Vicki Staton 1003 NW 7th Street Code-30-M - Junk & 30-40 - Junk 02/02/2009 — Sent Courtesy Letter. 02/09-25/2009 —Inspected property, NOT IN COMPLIANCE. 03/06/2009 — Inspected property, NOT IN COMPLIANCE. 03/13/2009 — Sent Notice of Violation. 03/14/2009 — Notice received, signed for by Vicki Staton 03/18/2009 — Ms. Staton called and requested an extension since her daughter was moving out. Gave her an extension till 04/06/2009. 04/13/2009 — Inspected property, NOT IN COMPLIANCE. 04/27/2009 — Mailed Notice of Hearing. 04/28/2009 — Notice received, signed for by Kelley Staton 04/30/2009 — Ms. Staton called, said she would get it cleaned up. 05/08/2009 — Inspected property, NOT IN COMPLIANCE. Called and spoke to Ms. Staton, explained that she would be going before the Code Board on the 12th of May. She said the problem would be resolved by then. 05/11/2009 — Inspected property, NOT IN COMPLIANCE. Case #09mO22 Clark Holding Bank of America Building 850 North Parrott Avenue 1.Y q.G NFPA 101 Chapter 7 & 39 & [WWIO:r'Ifl!i1i!1�'I e..W.st � • 03/09/2009 — Chief Douglas wrote a letter outlining the fire safety violations. 03/10/2009 — Letter received, signed for by A. M. Boyd 03/24/2009 — Mailed Notice of Violation. 03/25/2009 — Notice received, signed for by A. Boyd 04/28/2009 — Mailed Notice of Hearing. 04/29/2009 — Notice received, Signed for by A. M. Boyd. i Case #09mO23 Robert L. Leach 923 NW I Ith Street Section 30-44 (B & F) General Cleaning & 70-521 Building Permit. • 02/11/2009 — Sent Courtesy Letter. • 02/27/2009 — Inspected property, NOT IN COMPLIANCE. • 03/11/2009 — Inspected property, NOT IN COMPLIANCE. • 03/25/2007 — Mailed Notice of Violation. • 04/02/2009 — Notice received, signed for by Robert Leach. • 04/13/2009 — Inspected property, NOT IN COMPLIANCE. • 04/27/2009 Mailed Notice of Hearing. • 05/08/2009 —Inspected property, NOT IN COMPLIANCE. ti � . _ � `' � � . ¢ f ;tvj u{,(I i . �. Jam, ^• !� • - Vol .: �,, � •Y � 1 7 : .Fr �: ,�i4A s r q' 1 � s�'�/�{� .tr3 y ' wr�i� . fir. �R : 7 � �.�"�• ., r 7 / }Q.�/'� � p 'sue• r , 4 ' r s 13 .497pk.p .4 - owl Case #09-027 Danny R. Buchanan 801 NIX St" Avenue Disabled Vehicles, Untended Vegetation, General Cleaning, Public Nuisance (30-43 —Excessive accumulation of litter) Open Trench, No BTR, Living in RV. 03/30/2009 — Mailed Notice of Violation. 04/01/2009 — Notice received, signed for by Dan Buchanan. 04/16/2009 — Inspected property & spoke to Mr. Buchanan. Not in compliance. 04/27/2009 — Mailed Notice of Hearing. 04/28/2009 — Notice received, signed for by Dan Buchanan. 05/08/2009 — Inspected property & reminded Mr. Buchanan that he was scheduled to go before the Code Board on May 12th. He stated that the property would be cleaned up by then. 05/11/2009 — Inspected property, not in compliance. �A Photographs taken 2/9/2009 Parking on City right of way .114 Debris n"-L � , _ ?` t n. z . � � t � f ,fit �, "�. ♦ � i r � F, .�P � •:.� � t;� � '� � , � �� �.-. � t,N. 1�'�y atr � -. \D r�t�y-�� ' i r�s �. I� � �»t �' � s , �, � :a •.",` Y' t{� rl'�S " p*i.'z"3w^�+ � 4 3 �' Y' ,,.,-.... -..� . � .. t .. 1 +1i d'; `� j i'to• . }. i\ 1 �' y P' + p'-��f : +rj�j� �' ^? y.; e ¢' Photograph taken 4/1/2009 4 a 'Pamir -,- 41� Jeep V, 10 AL- Photographs taken 4/28/2009 Oil filter still there from 4/1 Debris still there from 4/1 Aighk4mv, k M Debris still there from 4/1 Photograph taken 4/28/2009 MO - t i i rr- R, G' k 1 y S - IM �. _ f Photographs taken 4/28/2009 Commercial Vehicl, residential zoned pr