CITY OF OKEECHOBEE CODE

Transcription

1 E b:+. t Fe brukary 1a,,261q CITY OF OKEECHOBEE CODE ENFORCEMENT CASE PRESENTATION CASE NO: RESPONDENT( S): Gloria Rodriguez ETAL PROPERTY ADDRESS: 914 NW 2nd Street 1. My name is Fred Sterling I am a certified code inspector for the City of Okeechobee, Florida and I have been duly sworn in prior to presenting evidence. 2. The Respondents( s) Gloria Rodriguez ETAL is/ are ( ) present or ( ) not present. 3. The case number above concerns the real property located at 914 NW 2nd Street located within the municipal boundaries of the City of Okeechobee, Florida. This property is occupied by ( ) named owner( s), () a tenant or ( X ) is vacant. 4. According to the Official Records of the Property Appraiser for Okeechobee County, Florida, the owner( s) of record for this property is/ are City exhibit no. 1 Gloria Rodriguez ETAL 5. On 10/ 10/ 2018, I personally inspected the property and observed the following conditions: a. IPMC Roof Damage b. IPMC ( 8) Unsafe Condition c. d. 6. Based upon my investigation, I issued a courtesy card/letter to the named Respondent( s) notifying them of the violation with a request to have the property come into compliance within 10 days. 7. On 10/ 23/ 2018 I again inspected the property and found it to still be in violation and I issued a Notice of Violation to the named Respondent( s) on 10/ 23/ City exhibit no. 2 I took photographs of the property at the time of my inspection. City exhibit no Notice of Violation gave Respondent( s) 30 days to correct the following violations: a. IPMC Roof Damage

2 b. IPMC Unsafe Condition c. Ch Sec for violation of d. Ch Sec for violation of 9. Notice of Violation was delivered to Respondent( s) by: ( X) Certified mail. City exhibit no. 4 Personal hand delivery. City exhibit no. Posting Notice of Violation on the subject property. City exhibit no. 10. On 01/ 17/ 2019 I reinspected the property and determined the Code violations were not completely corrected. A Notice of Hearing before the Code Enforcement Special Magistrate was issued on 01/ 18/ 2019 City exhibit no Notice of Hearing was delivered to Respondent( s) by: ( X ) Certified mail. City exhibit no. 6 Personal hand delivery. City exhibit no. Posting Notice of Hearing on the subject property. City exhibit no. 12. Prior to a hearing before the Magistrate, I respected the property and determined that: The property had come into substantial compliance with cited Codes. X ) The property remained in non- compliance. I took photographs of the property at the time of my reinspection. City exhibit no I request in addition to my testimony, all exhibits, notices and photographs be admitted into evidence by the Magistrate. 14. Based upon testimony and evidence, I request the Magistrate take the following action: is/ are in Grant a continuance to the Respondent( s) to provide additional time to comply. X ) Issue a conclusion of law that Respondent( s) Gloria Rodriguez ETAL violation of the City Code of Ordinance sections cited in the Notice of Violation and they be required to come into substantial compliance within 20 days from receipt of proper notification. If the property is not in compliance by this date a fine of $ be imposed commencing that date and continuing every day hereafter until Code Enforcement is notified that the property is in compliance. 15. This concludes my presentation at this time.

3 Okeechobee County Property Appraiser - Map Printed on 2/ 12/ : 56: 13 AM Page 1 of RODRIGUEZ AC Okeechobee County Property Appraiser Mickey L. Bandi. CFA - Okeechobee. Florida - 53 GLORIA, $ 146 ETAL. 8, Li] 159 ft PARCEL: SINGLE FAM ( ) CITY OF OKEECHOBEE Name: RODRIGUEZ Site: Mail: GLORIA, LOT 17 & ETAL. E 1/ 2 OF LOT 16 BLOCK 132 LandVal $ 6, NW 2ND ST, OKEECHOBEE BldgVal $ 8, C/ O NOE RODRIQUEZ ApprVal $ 17, NW 213TH JustVal $ 17, Assd $ 17, HIGH SPRINGS, DR FL Sales Exmpt $ Info Taxable $ This information, updated: solely for the governmental the ownership of property or it' s interpretation. Although office. The assessed values , / 8/ 2019, was derived from data which was compiled by the Okeechobee County Property Appraiser' s Office purpose of property assessment. This information should not be relied upon by anyone as a determination of market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it' s use, or it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser' s are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. com/ GISv 1 / Print_Map.asp?pjbojdcfej ajpldonlchggpkoempnj cdj... 2/ 12/ 2019

4 Cfty of Okeechobee Code Enforcement CODE ENFORCEMENT BOARD CASE # NOTICE OF VIOLATION 10/ 23/ 2018 GLORIA RODRIGUEZ NW 213TH DRIVE HIGH SPRINGS, FL RE: LOTS: 17 & E 1/ 2 OF 16 BLK: 132 PARCEL: A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 914 NW 2ND STREET, OKEECHOBEE, FL NATURE OF VIOLATION: IPMC Ch 3 Sec ( 8) and Sec CORRECTIVE ACTION REQUIRED: ACCORDING TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE THIS STRUCTURE IS UNSAFE DUE TO ROOFING DEFECTS AND INADEQUATE DRAINAGE. PLEASE CONTACT THE CITY BUILDING DEPARTMENT AT ( 863) , EXT TO DISCUSS THIS MATTER. The corrective action outlined should be taken within ten ( 10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition, a fifty dollar administrative fee may be charged if the violaion is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact our office at Sincerely, Sterling Code Enforcement Officer 863) LETE THIS SECTION sa Complete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: GLORIA RODRIGUEZ c/ o NOE RODRIGtTEZ NW 2131' r DRIVE HIGH SPRINGS, Er ! 1, , , , Article Number ( Transfer from service label) : 55 S. E. Third Avenue PS Form 3811, July 2015 PSN COMPLETE THIS SECTION; ON DE1-IV,t=R r: A. Signature 1 X 1,, 6-67 C. gent Address Date of Delive D. Is delivery address differe t from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery Certified Mail 0 Certified Mail Restricted Delivery 0 Collect on Delivery Collect on Delivery Restricted Delivery stricted Delivery 0 0 Priority Mail Express@ 0 Registered Mar" 0 Registered Mail Restrict( Delivery 0 Return Receipt for Merchandise O Signature Confirmation*" 0 Signature Confirmation Restricted Delivery Domestic Return Racorr, t

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6 CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, vs- GLORIA RODRIGUEZ Respondent( s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Special Magistrate, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/ Section: IPMC Ch 3 Sec ( 8) and Sec Location of Violation: 914 NW 2ND STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # Respondent( s) name & address: GLORIA RODRIGUEZ; NW 213TH DRIVE HIGH SPRINGS, FL Description of violation: ACCORDING TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE THIS STRUCTURE IS UNSAFE DUE TO ROOFING DEFECTS AND INADEQUATE DRAINAGE. PLEASE CONTACT THE CITY BUILDING DEPARTMENT AT (863) , EXT TO DISCUSS THIS MATTER. 6. Date by which violation is to be corrected: 2/ 01/ 2019 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 12th day of February, 2019, at 6: 30 p. m. If you have corrected the violation( s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $ for each day the violation is proven to exist. In cases of a repeat violation, the Special Magistrate may increase the fine up to $ per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section ( 2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section ( 1). You have the right to obtain an attorney if you wish, and the Magistrate will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent( s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cau e this case to be dismissed. DATED THIS le - day of ( Ja( C), 2019 fr CODE ENFORCEMENT Prfd Ste ing 55 SE 3rd Avenue Code Enforcement 0 Okeechobee, Florida ( 863)

7 SENDER. COMPLETE. THIS SECTION COMPLETE;. Till$: SECTIONON DELIVERY e Complete items 1; 2, and 3. Print your nameand address on the reverse so that we canmum the card to you. o Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: GLORIA RODRIGUEZ c/ o NOE RODRIGUEZ NW 213' DRIVE HIGH SPRINGS, FL A. Sig X ture v B. Rceided by ( Printed Name) 47 e5rw6z, D. Is delivery address different from item 1 If YES, enter delivery address below: fc1' Agant 0 Addressee Date of D Livery 0 0 No iii iuuiiu IIIIIIII Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail Certified Mail Restricted Delivery Collect on Delivery 2 Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery lstrlcted Delivery Priority Mail Express Registered MaiITM Registered Mail Restricted Delivery Return Receipt for Merchandise Signature ConfirmationTM Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN Domestic Return Receipt

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9 DURABLE POWER OF ATTORENEY FOR FINANCES AND MEDICAIL ISSUSES 1, Gloria Rodriguez, am of sound mind, and I voluntarily make this designation. I revoke any financial and medical powers of attorney I have signed in the past. APPOINMENT OF AGENT I designate Raul Rodriguez, my brother, living at 914 NW 2nd Street, Okeechobee, FL 34972, to act for me as my agent, with the powers set forth in this document. I have discussed with the individual, I have designated. EFFECTIVE DATE You must choose one paragraph by writing your initials on the line) My agent has the powers set forth in this document immediately upon my signing it. These powers shall not be affected by any mental or physical disability I may have in the future. My agent shall only have the powers set forth in this document when it is determined I am unable to manage my property,. financial affairs and medical issues effectively. That determination shall be made by my physician, who shall put it in writing. POWERS. My agent shall exercise powers in, my best interests and for my welfare, as a fiduciary. My agent shall have the following powers: 1. Banking- To receive funds, deposit funds in any financial institution, and make withdraws by check or otherwise to pay for goods, services, and any other personal and business expenses for my benefit. To effect her or his powers, my agent has power to sign a power of attorney drafted by institution, and shall have access to my safe deposit box. 2. Government Benefits- To apply for and receive any government benefits for which I may be eligible or become eligible, including but not limited to, Social Security, Medicare and Medicaid. 3. Investments -To invest and reinvest my funds, and to withdraw funds to the extent needed to pay for my needs. 4. Retirement Plan- To contribute to, select payment option of, roll- over, and receive benefits of retirement plan or IRA, except my agent shall not have power to change the beneficiary of any plan or IRA.

10 5. Taxes- To complete and sign any local, state and federal tax returns, pay any taxes and assessments due and receive credits and refunds to sign any IRS documents necessary to effectuate these powers. 6. Insurance- To purchase, pay premiums and make claims on life, health, automobile and home owners' insurance, except my agent shall not have power to cash in or change the beneficiary of any life insurance policy., 7. Real Estate -To purchase, sell, lease, repair, improve, mortgage, and make mortgage and utility payments upon real property. 8. Personal Property- To hold personal property for safe keeping, and to buy and sell personal property, including motor vehicles. 9. Legal Advice And Proceedings- To obtain and pay for legal advice, to initiate or defend legal and administrative proceedings on my behalf, including actions against third parties who refuse without cause to honor this document. 10. Estates Plan- My agent has no authority to make or amend a will on my behalf, and has no power to make gifts on my behalf except to my spouse. My agent has access to my will; in exercising powers, my agent shall take into account my estate plan as known to the agent. 11. Medical Decisions- My agent shall have the power tomake any and all decision concerning my medical care, including life and death decisions. to my agent. SPECIAL INSTSTRUCATIONS On the following lines are any special instructions limiting or extending the powers I give OTHER PROVISIONS No persons in Florida or in any other state who relies upon representations of my agent under this durable power of attorney shall be liable to me or my estate without actual knowledge my agent did not have power to act. duty. My agent shall not incur any liabilityto me under this power except for breach of fiduciary My agent is entitled to reimbursement for reasonable expenses incurred in exercising powers, and to reasonable compensation for services as agent.

11 i can amend or revoke this power of attorney through a writing delivered to my agent. Revocation is not effective as to a third party until the third party learns of it. Photocopies of this document can be relied upon as though they were originals. SIGNATURE OF PRINCIPAL 1 sign this document voluntarily, and I understand its purpose. Date: IP, ( O c( I 201i Signature: Address: l 1 - ret_ Ce. CC- 3c( R ` 1 a STATEMENT AND SIGNATURE OF WITNESS We sign below as witness. This declaration was in our presence. The declarant appears to be of sound mind, and to be making this designation voluntarily, without duress, fraud or undue influence. Neither of us is an agent named in this document. Print name Witness Signature Address U00 L 1 NGr+ h C%P LIC Print name R L., fz ness Signature SIGNATURE OF NOTARY Sw rn to and signed by c 3l --o ri oc r f O U e.z. this Ll day of December 2017, Notary Public 6 ` O3/ - 2bl Commission Expires: Notary Public State of Florida Terressa K Rubio My Commission.. FF Expires 03/ 03/ 2018