CITY OF OKEECHOBEE FEBRUARY 12, 2013 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4

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1 CITY OF OKEECHOBEE FEBRUARY 12, 2013 REGULAR CODE ENFORCEMENT BOARD MEETING SUMMARY OF BOARD ACTION PAGE 1 OF 4 I. CALL TO ORDER - Chairperson: February 12, 2013 Regular Meeting February 12, 2013 Code Enforcement Board meeting was called to order at 6:30 p.m. by Chairperson Gamiotea. II. PLEDGE OF ALLEGIANCE - Chairperson. III. BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Jamie Gamiotea Vice Chairperson Randy Huckabee Board Member Melissa Close Board Member Ted Denisuk Board Member Judy Douglas Board Member Jim Pippin Board Member Rennae Sweda Alternate Member Louise Conrad Alternate Dennis Murphy Board Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smi Code Enforcement Officer Fred Sterling Board Secretary Sue Christopher Absent wi consent Absent wi consent (Louise Conrad filled e seat for Member Sweda) Absent wi consent Absent IV. MINUTES - Secretary. A. Motion to dispense wi e reading and approve e Summary of Board Action for e January 8, 2013 Regular Meeting. Member Close moved to dispense wi e reading and approve e Summary of Board Action for January 8, 2013; seconded by Member Pippin.

2 FEBRUARY 12, CEB REGULAR MEETING - PAGE 2 OF 4 V. - Chairperson. A. Requests for e addition, deferral or widrawal of items on today s agenda. There were no requests for e addition, deferral or widrawal of items from today s agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : Case No Joaquin & Ana Dominguez. 217 SE 5 Avenue Ch 30 Sec Dumping, depositing, leaving near street Building Official, Jeffrey Newell, testified property located at 217 SE 5 Avenue had a large hole which was dug to hold raw effluent due to a failure wi e septic system. The accumulation of effluent en flowed from e hole onto a public right of way contaminating pubic property and subjecting e public to conditions having e potential of causing disease or possibly loss of life. Mr. Newell stated after interviewing neighbors and talking to e company who installed e original system he determined e sewage had been accumulating for a period between one to ree years. Mr. John Hayford testified on behalf of Okeechobee Utility Auority stating eir records show on November 26, 2012 ey received a report of a sewer back up at 217 SE 5 Avenue. The service technicians determined e pump was not working and a check valve was replaced. On February 1, 2013 OUA received anoer call for e same property and it was determined e check valve at was replaced in November had been damaged and it was replaced a second time on February 5, In conclusion, Mr. Newell advised e Board at Echols Plumping had repaired e system on February 5, 2013 and it was now functioning properly. He said, staff is recommending e property owner be held financially accountable for e violation of dumping raw sewage on his property and e cost for remedial action consisting of an environmental evaluation and removal of e top ree to six inches of contaminated soil from e city right of way. Code Officer Fred Sterling testified when he inspected e property on January 30, 2013 he considered e property to be a public nuisance. Therefore, notice of violation and notice of hearing was posted on e property and notices were sent by certified mail to e property owner. At is time property owner, Joaquin Dominguez, gave his testimony rough his interpreter. He stated he had not been living at e residence for approximately two years and was not aware of e condition of e property until e day e renters were evicted and he was able to gain access to e property on January 31, He testified he did not dig e hole or try to fix e septic system himself by using a portable pump. When he became aware of e problem he called Echols plumbing to make e repairs and en e property owner put two 50 lb. bags of lye on e contaminated area when Echols finished on February 5, Chairperson Gamiotea reviewed e water usage records from OUA in order to establish a time frame for how long e house had been vacant. According to e water usage ere was a period between December 2011 and September 2012 at e water usage was very low indicating e property was probably vacant during at time. Member Close moved to find Case , Joaquin & Ana Dominguez of 217 SE 5 Avenue in violation of,based on e testimonies of Code Officer Fred Sterling,

3 FEBRUARY 12, CEB REGULAR MEETING - PAGE 3 OF 4 Case No (continued from page 2) Joaquin & Ana Dominguez. 217 SE 5 Avenue Ch 30 Sec Dumping, depositing, leaving near street Building Official Jeffery Newell and OUA representative John Hayford, imposing a fine of fifty dollars per day beginning January 30, 2013 until February 5, 2013; seconded by Member Pippin. GAMIOTEA - YES HUCKABEE - ABSENT CLOSE - YES DENISUK - NO DOUGLAS - YES In addition, Member Close moved to find Case Joaquin & Ana Dominguez of 217 SE 5 Avenue in violation of Ch 30 Sec Dumping, depositing, leaving near street, based on e testimonies of Code Officer Fred Sterling, Building Official Jeffrey Newell and OUA representative John Hayford, recommending City Council consider taking remedial actions requested by staff to clean up contaminated soil on City right of way wi all expenses incurred paid by e property owner; seconded by Member Denisuk. Case No Barbara Mills. 406 NW 5 Street Consider recommending City Council take legal action Case No nd Teresa Holloman. 304 SE 2 Street Ch 30 Sec General cleaning & beautification Code Officer Sterling testified is property has a twenty-five dollar per day fine which began December 8, 2011 and is still in violation for general cleaning and public nuisance at is time. Attorney Cook advised e Board at is point ey have two options. The first is recommending foreclosure. The second is recommending e matter go before a county judge requesting a court order allowing e City access on e property to bring it into compliance. Member Denisuk moved Case , Barbara Mills of 406 NW 5 Street, be taken to e City Council recommending ey take legal action to get a court order giving e City access to e property in order to bring it into compliance; seconded by Member Close. Code Officer Sterling testified notice of violation/notice of hearing were posted on e property after certified mail was returned. Officer Sterling stated property has been abandoned by e owner and is very overgrown. Member Pippin moved to find Case Teresa nd Holloman of 304 SE 2 Street, in violation of and Sec General cleaning & beautification, based on e testimony of Code Officer Sterling, imposing a fine of twenty five dollars per day beginning upon receipt of proper notification; seconded by Member Conrad. Member Conrad widrew her second. Motion failed for lack of second. Mr. Pippin moved to find Case nd Teresa Holloman of 304 SE 2 Street, in violation of and Sec General cleaning & beautification, based on e testimony of Code Officer Sterling, declaring e property to be a public nuisance to be cleaned by e City and brought into compliance and imposing a fine of twenty five dollars per day beginning upon receipt of proper notification; seconded by Member Conrad.

4 FEBRUARY 12, CEB REGULAR MEETING - PAGE 4 OF 4 Case No Stephen & Grace Mitchum. 606 SW 14 Street Ch 30 Sec General cleaning & beautification Case No Linda Foley. 805 SW 11 Avenue Ch 30 Sec General cleaning & beautification Code Officer Sterling testified notice of violation/notice of hearing was posted after certified mail was returned. Notices were also sent and received by certified mail to Bank of America. He stated front yard is being mowed but backyard is very overgrown. Member Conrad moved to find Case Stephen & Grace Mitchum of 606 SW 14 Street in violation of and Sec General cleaning and beautification, based on e testimony of Code Officer Sterling, imposing a fine of twenty five dollars per day upon receipt of proper notification; seconded by Member Denisuk. Code Officer Sterling testified notice of violation/notice of hearing was posted after certified mail was returned. He stated Ms. Foley is working to get e property cleaned and he suggested e Board allow her about a week to finish e cleaning. Member Douglas moved to find Case Linda Foley of 805 SW 11 Avenue in violation of and Sec General cleaning based on e testimony of Code Officer Sterling, allowing a period of one week beginning February 13 and ending February 20, 2013 to finish cleaning property if not in compliance a fifty dollar per day fine will begin February 21, 2013; seconded by Member Denisuk. ADJOURNMENT - CHAIRPERSON GAMIOTEA. THERE BEING NO FURTHER ITEMS ON THE, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 8:55 P.M. Jamie Gamiotea, Chairperson ATTEST: Sue Christopher,Secretary PLEASE TAKE NOTICE AND BE ADVISED at when a person decides to appeal any decision made by e Code Enforcement Board wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. Code Enforcement Board media is for e sole purpose of backup for official records of e fire department.

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6 , CEB REGULAR MEETING - PAGE 7 OF 8, CEB REGULAR MEETING - PAGE 8 OF 8 IX. ADJOURN MEETING - Chairperson.