Brantley, Marvin - Case #06-118Citi of Okeechobee
September 11, 2007
John Cassels Esq.
400 N.W. 2'd St.
Okeechobee, Fl. 34972
re: Brantley liens
John:
At your request, I have computed the balances due by Marvin Brantley on his properties
as a result of code board liens, which were reduced to a final consent judgment effective June 30,
2005 in case no. 2004 -CA -309.
The five separate parcels against which liens attached total $58,750.00, and two
enforcement hearings resulted in attorney fees awards of $500.00 and $250.00, which brings the
total sum due to $59,500.00, with a current balance of:
Principal: $59,500.00
Interest @ 7% 9,162.23
( per diem of $11.41 x 803 days)
Total due: $68,662.23
You will note that the final judgment awarded additional fees and costs, but the
Brantley's paid that already in 2005, so it is not reflected in these figures. As I mentioned, we
will hold these funds in escrow at the city to provide Mr. Brantley an opportunity to address the
code board on October 9th to see if he can persuade them to reduce any sums due under this lien;
in the meantime I will, upon receipt of the funds, file a satisfaction of judgment in 2004-309 CA
so you may proceed to closing. Also note that this payoff is good through September 11 with the
per diem accruing thereafter until payment.
Kindest Regards,
John R. Cook
City Attorney
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
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TRANSMISSION VERIFICATION REPORT
TIME : 09/11/2007 13:19
DATE,TIME 09/11 13:18
FAX NO./NAME 7631031
DURATION 00:00:50
PAGE(S) 02
RESULT OK
MODE. STANDARD
ECM
City of Okeechobee
Code enforcement
CASE # 2004 -CA -309
Marvin W. Brantley
1935 S. Parrott Avenue
Okeechobee, FL 34974
I hereby certify receipt of Notice of Hearing hand delivered by the City of
Okeechobee Code Enforcement Officer.
0 7/d 5/6 7
Date
fitness
Recipients Signature
//HA /AI LL) /2/./1177
Printed Name
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489
IN THE CIRCUIT COURT, IN AND FOR THE
NINETEENTH JUDICIAL CIRCUIT, FOR
OKEECHOBEE COUNTY, FLORIDA
CASE NO. 2004 -CA -309
JOHN R. COOK, city attorney, ex.rel.
CITY OF OKEECHOBEE, FLORIDA,
a municipal corporation,
Plaintiff,
vs.
MARVIN W. BRANTLEY a/k/a
MARVIN BRANTLEY
PERSONAL DELIVERY
Defendant
/
NOTICE OF HEARING
to: Marvin Brantley
Okeechobee, Fl. 34972
YOU ARE NOTIFIED that the undersigned will call up for hearing the following
matter: MOTION FOR ENFORCEMENT/CRIMINAL CONTEMPT
MOTION FOR ATTORNEYS FEES /COSTS
DATE: April 4, 2007
TIME: 9:00 a.m.
PLACE: Okeechobee county courthouse
JUDGE: Hon. Scott M. Kenney
PLEASE GOVERN YOURSELF ACCORDINGLY
SUBMITTED this day of AACI..ti . 2007.
I HEREBY ERTIFY a true copy of the foregoing is furnished by hand delivery this / �t
day of /t'\ , 2007 to the above named addressee.
R. COOK P.A.
1120 S. Parrott Avenue
Okeechobee, Fl. 34972
(863)467-0297
FBN 262951
Citi of Okeechobee
March 13, 2007
Marvin Brantley
1935 S. Parrott Av.
Okeechobee, Fl. 34972
Re; Public nuisance
Dear Mr. Brantley:
PERSONAL DELIVERY
We provide together with this letter, a copy of the city's motion for enforcement and
criminal contempt sanctions, and request for attorneys fees and costs, with notice of hearing for
April 4, 2007 at 9 AM in courtroom 3B at the Okeechobee county Courthouse.
The final order entered in this case in June 2005 requires we provide ten days notice for
your property to come into compliance prior to going to court, and this matter was continued by
the court from the earlier hearing set on January 29, 2007.
As set out in the order, you agreed, and it was ordered, that from the edge of the sidewalk
to the fence line on the western boundary of your property along Hwy. 441, there would not be
placed any item, part, piece, machinery, dumpster, vehicle, boat or article of any kind, or for any
purpose. A casual look at the property on any day reveals that you still set out such articles in this
area. If you believe you have come into compliance with the final judgment prior to April 4,
contact Fred in code compliance at the city and we will consider cancelling the April 4 hearing;
otherwise we will proceed accordingly.
Kindest Regards,
John R. Cook
City Attorney
cc: city administrator
code compliance
55 S.E. Third Avenue • Okeechobee. Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR OKEECHOBEE COUNTY,
FLORIDA.
CASE NO. 2004 -CA -309
JOHN R. COOK ex.rel. CITY
OF OKEECHOBEE, FLORIDA; &
CITY OF OKEECHOBEE, FLORIDA
a municipal corporation existing
under the laws of the state of
Florida.
Plaintiffs,
-vs-
MARVIN W. BRANTLEY, a/k/a
MARVIN BRANTLEY;
Defendants.
MOTION FOR ENFORCEMENT/CRIMINAL CONTEMPT
COMES NOW the city of Okeechobee, Florida, plaintiff in this
action, and files this motion for enforcement of final judgment, as
well as entry of an order of bodily attachment/criminal contempt,
award of all fees and costs, upon the following grounds:
1. THAT plaintiff City of Okeechobee, Florida initially filed
this action under chapter 60 Florida Statutes, for declaration of
public nuisance against defendant Marvin Brantley; the parties
eventually entered into a stipulated final judgment on all issues,
which stipulation was accepted by the court, and includes some of
the following provisions:
A. THAT the court would enter final judgment in favor of the
Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE,
FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, and against the
Defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, and would
incorporate the following agreements, stipulations, findings and
conclusions of law as included in, and enforceable as, the terms
of this final judgment.
B. The real property subject to this action is currently owned
of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN
BRANTLEY. Said defendant(s) acquired title by way of warranty deed
found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446
page 984, public records Okeechobee county, Florida.
C. That on or about February 10, 2004, the Defendant(s) were
cited for code violations in the city of Okeechobee by Plaintiff(s)
or their assignee/designated citizen board under the provisions of
chapter 162, Florida Statutes, which various violations were
reduced to civil liens against defendant and filed in the public
records, Okeechobee county, Florida.
D. That the real property owned by defendant Brantley and
hereafter more particularly described, constitutes a public
nuisance as a matter of law under the provisions of Florida
Statutes 823.05 and applicable city ordinances of the City of
Okeechobee, Florida. That the real property subject to operation,
effect and enforcement of th final judgment is as follows:
a. Parcel i.d. 2 -28 -37 -35 -0A00 -00019-A000 described as:
Beginning 200 feet south of the SE corner of the NE 1/4
of the NE 1/4 of section 28, township 37 south range 35 east, run
south along the east boundary of section 28 a distance of 361 feet
more or less to the east boundary of Parrot Avenue (SR 15); then
run north along the east boundary of SR 15 a distance of 15 feet;
then run east a distance of 158 feet, then run north a distance of
85 feet; then run east a distance of 205 feet to the POB.
b. Parcel i.d.# 2-28-37-35-0A00-00022-0000 described as:
Beginning at the SE corner of the SE 1/4 of the NE 1/4 of
the NE 1/4 of section 28, township 37 south range 35 east, and run
south 157.50 feet; thence run west 226 feet; thence run south
157.50 feet; thence run east 226 feet to the POB;
AND
Beginning at the SE corner of the SE 1/4 of the NE 1/4 of
the NE 1/4 of section 28, township 37 south range 35 east, and run
west 226 feet for POB; thence run west 135 feet; then run north
157.50 feet; thence run east 135 feet; thence run south 157.50 feet
to the POB.
c. Parcel i.d. # 2-28-37-35-0A00-00018-0000 described as:
Beginning at a point 300 feet south of the NE corner of
the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37
south range 35 east, run south a distance of 100.00 feet; thence
run west a distance of 361 feet more or less to the east boundary
of Parrot avenue (SR15); then run north along the east boundary of
parrot avenue (SR15) a distance of 100.00 feet; then run east a
distance of 361 feet more or less to the POB.
E. THAT the real property described in paragraph D above was
by the final judgment declared to be a public nuisance under the
provisions of Florida Statutes 823.05, and abatement thereof was
ordered under this court and the court found as to this count:
a. That as to the described real property, a nuisance
exists in the nature of placement of junk, creation of public
safety issues and concerns, creation of environmental hazards, and
failure to comply with applicable city of Okeechobee codes.
b. That defendants use of said real property in injurious
to the rights of others, including the plaintiff and all its
citizens.
c. That the court finds there is no adequate remedy at
law for imposition of money damages.
d. Defendant MARVIN W. BRANTLEY was ordered to promptly
conform to all applicable city codes and ordinances for the city of
Okeechobee that pertain to the described real property, and shall
correct deficiencies once notified in writing by the city of
Okeechobee within ten (10) days of such notice.
e. Said judgment ordered that Defendant MARVIN W.
BRANTLEY, nor his agents, employees or assigns at his direction,
shall not place, permit, allow or otherwise cause any item,
including but not limited to, items of junk, machinery, mechanical
or marine parts or pieces, or farm implements or parts, or any
other item along the entire westerly boundary of the subject
property which faces SR 15, running from the north to south
boundary lines thereof, from a
point from the edge of the city sidewalk, to a point fifty
(50') feet to the east of said sidewalk, and shall forthwith, within
the time permitted by this order, remove any such item from the
described area. The stated intent of the parties and this order, is
that the described restricted area shall at no time contain any
item for display, storage, or any other reason.
Any customer parking along this western boundary of the property
shall be configured in a manner so that no vehicle will back onto
the city sidewalk or onto SR 15 to leave the premises
f. Said judgment ordered that Defendant MARVIN W.
BRANTLEY shall create and maintain, traffic lanes on the subject
property, a minimum thirty (30') feet in width, running from the
west to the east, commencing at the east side of the afore
described fence, which lane(s) shall continue from the fence to the
eastern most boundary of the real property, including any portion
located within unincorporated Okeechobee county, and additional
lanes shall located along every 100' of width of the property from
north to south. The lanes shall be constructed of packed earth
material sufficient to support emergency vehicles for use by the
city of Okeechobee, and shall permit such vehicles to freely turn
around through the use of a cul-de-sac or turn -around area as
appropriate.
g. Said judgment required that the specific acts to be
performed by the defendant MARVIN W. BRANTLEY, except those
considered on-going obligations, shall be completed no later than
close of business on August 26, 2005. This time frame shall be of
the essence and strictly construed.
F. Said judgment included language to express the
specific intent of the parties and ordered by the court, that the
court shall retain jurisdiction in this cause to enforce its terms
and conditions as provided by Fla.Rule Civil Procedure 1.570 C as
written or hereafter amended. The defendant was notified by this
judgment that the enforcement powers of the court include:
If the acts required were not performed within the time
specified by this order the plaintiff shall make an affidavit that
this judgment has not been complied with within such prescribed
time period, and the clerk of court shall issue a writ of
attachment against the defendant MARVIN W. BRANTLEY. Said defendant
shall not be released from the writ of attachment until
he has complied with the judgment and paid all costs accruing
in the enforcement of the final judgment.
G. That since the entry of the order in June, 2005, plaintiff
City of Okeechobee has brought two actions for enforcement and
contempt against defendant; one before Judge Roby who entered an
order of incarceration with purge provisions if he complied with
final judgment within a certain time period; one before Judge
Metzger who entered an order of contempt as well, without a
provision for incarceration.
H. That since the last hearing, the plaintiff/city, through it
code officers, has notified defendant several times that the
property was getting out of compliance, and informally notified to
comply with the final judgment; however, defendant has again
wilfully and knowingly caused the real property to come into non-
compliance with the final judgment, by placing, allowing or
otherwise displaying hundreds of items of junk along the right of
way of Highway 441 South, in direct violation of this courts order.
(Current photographs attached a exhibit A).
I. That plaintiff/city notified defendant on January 18, 2007
via ten day notice to come into compliance with the referenced
final judgment or that the matter would proceed to hearing on
January 29, 2007.
J. That the defendant has exhibited a lack of respect for the
courts orders in the final judgment and two prior contempt hearings
and appears to be likely to do so again in the future, unless the
court fashions some meaningful penalty.
K. That the plaintiff seeks an order of contempt; entry of
an order of incarceration or bodily attachment of up to 180 days;
and a purge provision of 14 days to obtain total compliance with
this courts orders.
L. That the plaintiff seeks the award of all attorneys fees
and costs in the preparation and presentation of this motion.
SUBMITTED this 18 day of January, 2007.
I HEREBY CERTIFY a true copy hereof is sent via hand delivery
to defendant Marvin Brantley, Okeechobee, Florida this 19 day of
January, 2007.
JOHN R. COOK
City Attorney
1120 S. Parrott Ave
Okeechobee, Fl. 34972
(863) 467-0297
Fla. Bar 262951
City of Okeechobee
Code enforcement
CASE # 2004 -CA -309
Marvin Brantley
1935 S. Parrott Avenue
Okeechobee, FL 34974
I hereby certify receipt of Notice of Hearing hand delivered by the City of
Okeechobee Code Enforcement Officer.
/ i� e97 1A) 4.1*
ate Recipients Signature
APte WI) 04/C797
Printed Name
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489
i
Citi of Okeechobee
January 18, 2007
Marvin Brantley
1935 S. Parrott Ave.
Okeechobee, FL. 34972
re: public nuisance
Dear Mr. Brantley:
It has come to our attention through the code officers that your property on S. Parrott
Avenue is again not in compliance with the June, 2005 consent final judgment entered by the
circuit court. Pursuant to that order we must give you ten days notice to comply prior to having a
court hearing on the issue.
Therefore, please read your final judgment again; it is quite clear that you are not to have
any parts, pieces, junk, boats, dumpsters, motorcycles, cars, trucks or any item whatever in front
of, or west of your fence line out to the right of way of Hwy. 441. If you feel you are in
compliance within this ten days, notify Fred in the code office.
We anticipate a court hearing on this matter on January 29, 2007 if you are not in full
compliance by then, and you will receive notice by a separate delivery.
Kindest Regards,
John R. Cook
City Attorney
cc: Code Officer
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
Citi of Okeechobee
Code enforcement
Marvin Brantley
1935 S. Parrott Avenue
Okeechobee, FL
I hereby certify receipt of letter of non-compliance hand delivered by the
City of Okeechobee Code Enforcement Officer.
d1 iffG%
Date
Repd�s Signature
/ylAte/ I r-E4:9-,cf
Printed Name /
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489
,01
Citi of Okeechobee
August 21, 2006
Marvin Brantley
Okeechobee, Fl.
Re: City of Okeechobee
Marvin:
I enclose the last court order from the July hearing; it appears you are now in compliance
with the order, so try to keep it that way.
The court ordered that you pay attorney fees for both hearings; the one in December 2005
was in the amount of $500.00, and in the enclosed order for $250.00; therefore, send over your
check for $750.00 made payable to the City of Okeechobee. Try to get that in by the end of the
month so we can conclude this.
Kindest Regards,
John ' . • o
City Attorney
JRA'/rlb
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR OKEECHOBEE COUNTY,
FLORIDA.
CASE NO. 2004 -CA -309
JOHN R. COOK ex.rel. CITY
OF OKEECHOBEE, FLORIDA; &
CITY OF OKEECHOBEE, FLORIDA
a municipal corporation existing
under the laws of the state of
Florida.
Plaintiffs,
-vs-
MARVIN W. BRANTLEY, a/k/a
MARVIN BRANTLEY; BANK OF
AMERICA N.A. as successor
in interest to BARNETT BANK
LAKE OKEECHOBEE; JOSEPH D.
FARISH LLC; BESSIE 0. BRANTLEY;
MARY ELIZABETH DRYDEN; RAY WAKE;
VERONICA WAKE; BIG LAKE NATIONAL
BANK; and all unknown or undiscovered
heirs, devisees, grantees, assignees,
lienors, creditors, trustees or other
claimants, whether alive or deceased.
Defendants.
ORDER ON MOTION FOR ENFORCEMENT/FEES & COSTS
THIS CAUSE came on to be heard this day of June, 2006,
upon motion of the plaintiff in this cause, CITY OF OKEECHOBEE,
FLORIDA, and upon appearance of plaintiff through counsel, and the
defendant appearing pro se; the court taking testimony and argument
thereon, and being otherwise advised, it is:
ORDERED and adjudged as follows:
1. THAT the parties hereto entered into a stipulated final
judgment in the cause in June, 2005, adopted by the court, and
reduced to a final judgment, which terms included the following
2. THAT the real property owned by defendant Marvin Brantley
was declared to be a public nuisance under the provisions of
Florida Statutes 823.05, and abatement thereof was ordered under
that count.
3. THAT the abatement of nuisance and performance of acts
agreed by the parties and ordered by the court included:
a. Defendant MARVIN W. BRANTLEY shall from and after the
date of this judgment promptly conform to all applicable city codes
and ordinances for the city of Okeechobee that pertain to the
described real property, and shall correct deficiencies once
notified in writing by the city of Okeechobee within ten (10) days
of such notice; upon failure to do so, the City reserves the right
to employ the enforcement provisions of the judgment as hereafter
set forth.
b. Defendant MARVIN W. BRANTLEY shall cause a fence, with
permit issued by the city, to be erected along the entire westerly
boundary of the subject property which faces SR 15, from the north
to south boundary line of the properties, by a professional fence
company, to a height of eight (8) feet, and made of an opaque
material to prevent sight through the fence, be if of wood, chain
link with slats, or other materials permitted and acceptable to the
city under current codes.
c. Defendant MARVIN W. BRANTLEY, his agents, employees,
successors or assigns shall not place, permit, allow or otherwise
cause any item, including but not limited to, items of junk,
machinery, mechanical or marine parts or pieces, or farm
implements or parts, or any other item along the entire westerly
boundary of the subject property which faces SR 15, running from
the north to south boundary lines thereof, from a
point from the edge of the city sidewalk, to a point fifty
(50')feet to the east of said sidewalk, and forthwith remove any
such item from the described area. The stated intent of the parties
and this order, is that the described restricted area shall at no
time contain any item for display, storage, or any other reason.
Any customer parking along this western boundary of the property
shall be configured in a manner so that no vehicle will back onto
the city sidewalk or onto SR 15 to leave the premises
d. Defendant MARVIN W. BRANTLEY shall create and
maintain, traffic lanes a minimum thirty (30') feet in wide,
running from the west to the east, within the property commencing
at the east side of the afore described fence, which lane(s) shall
continue from the fence to the eastern most boundary of the real
property, including any portion located within unincorporated
Okeechobee county, and additional lanes shall located along every
100' of width of the property from north to south. The lanes shall
be constructed of packed earth material sufficient to support
emergency vehicles for use by the city of Okeechobee, and shall
permit such vehicles to freely turn around through the use of a
cul-de-sac area as appropriate.
e. Defendant MARVIN W. BRANTLEY shall at all times keep
trash, plant growth and other items named in city codes to be kept
clean and trimmed according to such codes.
f. Defendant MARVIN W. BRANTLEY shall at all times
prevent any substance or material from entering onto, or within the
groundwater of the subject real property that would be considered
an environmental hazard by the department of environmental
protection for the state of Florida.
g. Defendant MARVIN W. BRANTLEY shall not hereafter
expand, enlarge or otherwise make more intense the use that
presently exists on said real property.
4. The specific intent of the parties and as ordered by the
court was that the court shall retain jurisdiction in this cause to
enforce its terms and conditions as provided by Fla.Rule Civil
Procedure 1.570 C as written or as hereafter amended.
5. That retained in the final judgment, was that the
enforcement powers of the court include:
a.The court, upon proper application of the plaintiff for
defendants failure to act or perform, may hold the defendant in
contempt of court, and upon a finding of such contempt, confine the
defendant for up to 180 days county jail for each such violation.
b. The court may appoint a person not a party to this action,
to perform the required act insofar as practicable. The performance
of the act by the person so appointed shall have the same effect as
if performed by the party against whom this judgement was entered.
c. That the court retained jurisdiction in this cause as
indicated above to enforce its terms, issue writs and judgments for
future costs and fees, and such other issues as raised by the
order.
6. THAT since the entry of the order, the plaintiff filed its
second motion for enforcement/contempt, and testimony of the code
officer and fire chief for the city of Okeechobee , as well as
current photographs of the property reveal that:
a. THAT defendant Marvin Brantley presently is in violation
again, by failing to keep the fifty foot area in front, or on the
West boundary, of his property free from debris, junk, abandoned
personal property, garbage bins and dumpsters, and assorted
discarded items, all of which are visible from SR 15.
7. THAT defendant was provided the required ten days written
notice to come into compliance with the final judgment prior to
instituting this motion, but has failed to do so. Further, at the
hearing, defendant did not refute the allegations of plaintiff
that his property was in violation of the terms of the final
judgment entered herein.
8. Accordingly, the court finds for plaintiff that the
defendant Marvin Brantley has caused or permitted the subject
real property to come into code violation in the city of
Okeechobee, which violates the terms and conditions of the final
judgment entered herein in June, 2005.
9. The court enters its order of enforcement of said final
judgment, and orders that defendant:
a. The real property shall come into compliance with city
codes and the final judgment herein within seven days of this
hearing, by July 3, 2006.
b. The large dumpsters located on the property shall be
removed by defendant by July 31, 2006 at 5:00 p.m..
10. Should defendant fail to comply with this order, the
plaintiff may file an affidavit of non-compliance with the court,
and the court will set a hearing for rule to show cause why the
defendant should not be held in wilful contempt with appropriate
sanctions, including possible incarceration.
11. That further, it is ordered that defendant shall pay to
the city of Okeechobee its fees and costs for this hearing, which
the court determines to be a reasonable fee of4ia.
which
defendant shall pay within ten days of entry of this order.
12. That the court, upon application of either party, may
set a review hearing of the issues raised in this motion to
determine compliance by defendant with the final judgment herein.
DONE AND ORDERED this day of July, 2006, nunc pro tunc to
June 26, 2006.
CIRCUIT JUDGE
cc: City of Okeechobee
Marvin Brantley
MOE
&OIstIED
ELIZCIRECU T JUDGE ER
City of Okeechobee
Code enforcement
CASE # 2004 -CA -309
Marvin Brantley
1811 S Parrott Avenue
Okeechobee, FL 34974
I hereby certify receipt of Court Order hand delivered by the City of
Okeechobee Code Enforcement Officer.
OS(
2
06
Date
Recipient ignature
Printed Name
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489
JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE
COUNTY, FLORIDA.
CASE NO. 2004 -CA -309
CITY OF OKEECHOBEE, et.al.
Plaintiff
vs.
MARVIN BRANTLEY et.al.
Defendant.
NOTICE OF HEARING
TO: MARVIN BRANTLEY
You are hereby notified the undersigned will call up for
hearing the following matter:
MOTION FOR ENFORCEMENT OF FINAL JUDGMENT
MOTION FOR ATTORNEYS FEES & COSTS
TIME: 10:00 A.M.
PLACE: Okeechobee county courthouse
DATE: June 26, 2006
Judge: Hon. Elizabeth Metzger
PLEASE GOVERN YOURS ACCORDINGLY
SUBMITTED thisI� day of
, 2006.
I HEREBY CERTIFY,_,a true copy hereof was furnished by hand
delivery this D day of (c_ -Q , 2006_, to
above named addressees.
John R. Coo
805 S.W. Park St.
Okeechobee, Florida 34972
(863) 467-0297
(863)467-4798 FAX
Florida Bar 262951
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR OKEECHOBEE COUNTY,
FLORIDA.
CASE NO. 2004 -CA -309
JOHN R. COOK ex.rel. CITY
OF OKEECHOBEE, FLORIDA; &
CITY OF OKEECHOBEE, FLORIDA
a municipal corporation existing
under the laws of the state of
Florida.
Plaintiffs,
-vs-
MARVIN W. BRANTLEY, a/k/a
MARVIN BRANTLEY; BANK OF
AMERICA N.A. as successor
in interest to BARNETT BANK
LAKE OKEECHOBEE; JOSEPH D.
FARISH LLC; BESSIE O. BRANTLEY;
MARY ELIZABETH DRYDEN; RAY WAKE;
VERONICA WAKE; BIG LAKE NATIONAL
BANK; and all unknown or undiscovered
heirs, devisees, grantees, assignees,
lienors, creditors, trustees or other
claimants, whether alive or deceased.
Defendants.
MOTION FOR ENFORCEMENT/FEES & COSTS
THE PLAINTIFF in this cause, CITY OF OKEECHOBEE, FLORIDA,
files this motion for enforcement and for award of attorneys fees
and costs, and states the following, to -wit:
1. THAT the parties hereto entered into a stipulated final
judgment in the cause in June, 2005, the history of the case being
as follows:
A. The action sought in count I to foreclose a chapter 162
code enforcement lien assessed against real property consisting of
a parcel of land situated in Okeechobee County, Florida, brought by
the Plaintiff(s) as the owners and holders of the lien sought to be
foreclosed; and for the entry in count II of a declaration of
public nuisance against defendant Brantley and other relief.
B. The real property subject to this action is currently owned
of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN
BRANTLEY. Said defendant(s) acquired title by way of warranty deed
found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446
page 984, public records Okeechobee county, Florida.
C. That on or about February 10, 2004, the Defendant(s) were
cited for code violations in the city of Okeechobee by Plaintiff(s)
or their assignee/designated citizen board under the provisions of
chapter 162, Florida Statutes, which various violations were
reduced to civil liens against defendant and filed in the public
records, Okeechobee county, Florida.
D. THAT judgment was entered for the plaintiff and against the
defendant MARVIN W. BRANTLEY on city code violations 04-014, 04-
015, & 04-016 in the total sum of $11,900.00, which shall hereafter
accrue interest at the rate allowed by law, and for which let
execution issue.
E. THAT judgment was entered for the plaintiff and against the
defendant MARVIN W. BRANTLEY on city code violation 04-017 in the
total sum of $ 12,575.00, which shall hereafter accrue interest at
the rate allowed by law, and for which let execution and levy
issue.
F. THAT judgment was entered for the plaintiff and against the
defendant MARVIN W. BRANTLEY in city code violation 04-018 in the
total sum of $ 11,675.00, which shall hereafter accrue interest at
the rate allowed by law, and for which let execution and levy
issue.
G. THAT judgment was entered for the plaintiff and against the
defendant MARVIN W. BRANTLEY in city code violation 04-019 in the
total sum of $ 11,675.00, which shall hereafter accrue interest at
the rate allowed by law, and for which let execution and levy
issue.
H. THAT judgment was entered for the plaintiff and against the
defendant MARVIN W. BRANTLEY in city code violation 04-020 in the
total sum of $ 10, 925.00 , which shall hereafter accrue interest as
allowed by law, and for which let execution and levy issue.
2. THAT the real property was declared to be a public nuisance
under the provisions of Florida Statutes 823.05, and abatement
thereof was ordered under that count.
3. THAT the abatement of nuisance and performance of acts
agreed by the parties and ordered by the court included:
a. Defendant MARVIN W. BRANTLEY shall from and after the
date of this judgment promptly conform to all applicable city codes
and ordinances for the city of Okeechobee that pertain to the
described real property, and shall correct deficiencies once
notified in writing by the city of Okeechobee within ten (10) days
of such notice; upon failure to do so, the City reserves the right
to employ the enforcement provisions of the judgment as hereafter
set forth.
b. Defendant MARVIN W. BRANTLEY shall cause a fence, with
permit issued by the city, to be erected along the entire westerly
boundary of the subject property which faces SR 15, from the north
to south boundary line of the properties, by a professional fence
company, to a height of eight (8) feet, and made of an opaque
material to prevent sight through the fence, be if of wood, chain
link with slats, or other materials permitted and acceptable to the
city under current codes.
c. Defendant MARVIN W. BRANTLEY, his agents, employees,
successors or assigns shall not place, permit, allow or otherwise
cause any item, including but not limited to, items of junk,
machinery, mechanical or marine parts or pieces, or farm
implements or parts, or any other item along the entire westerly
boundary of the subject property which faces SR 15, running from
the north to south boundary lines thereof, from a
point from the edge of the city sidewalk, to a point fifty
(50')feet to the east of said sidewalk, and forthwith remove any
such item from the described area. The stated intent of the parties
and this order, is that the described restricted area shall at no
time contain any item for display, storage, or any other reason.
Any customer parking along this western boundary of the property
shall be configured in a manner so that no vehicle will back onto
the city sidewalk or onto SR 15 to leave the premises
d. Defendant MARVIN W. BRANTLEY shall create and
maintain, traffic lanes a minimum thirty (30') feet in wide,
running from the west to the east, within the property commencing
at the east side of the afore described fence, which lane(s) shall
continue from the fence to the eastern most boundary of the real
property, including any portion located within unincorporated
Okeechobee county, and additional lanes shall located along every
100' of width of the property from north to south. The lanes shall
be constructed of packed earth material sufficient to support
emergency vehicles for use by the city of Okeechobee, and shall
permit such vehicles to freely turn around through the use of a
cul-de-sac area as appropriate.
e. Defendant MARVIN W. BRANTLEY shall at all times keep
trash, plant growth and other items named in city codes to be kept
clean and trimmed according to such codes.
f. Defendant MARVIN W. BRANTLEY shall at all times
prevent any substance or material from entering onto, or within the
groundwater of the subject real property that would be considered
an environmental hazard by the department of environmental
protection for the state of Florida.
g. Defendant MARVIN W. BRANTLEY shall not hereafter
expand, enlarge or otherwise make more intense the use that
presently exists on said real property.
4. The specific intent of the parties and as ordered by the
court was that the court shall retain jurisdiction in this cause to
enforce its terms and conditions as provided by Fla.Rule Civil
Procedure 1.570 C as written or as hereafter amended.
5. That retained in the final judgment, was that the
enforcement powers of the court include:
a.The court, upon proper application of the plaintiff for
defendants failure to act or perform, may hold the defendant in
contempt of court, and upon a finding of such contempt, confine the
defendant for up to 180 days county jail for each such violation.
b. The court may appoint a person not a party to this action,
to perform the required act insofar as practicable. The performance
of the act by the person so appointed shall have the same effect as
if performed by the party against whom this judgement was entered.
c. That the court retained jurisdiction in this cause as
indicated above to enforce its terms, issue writs and judgments for
future costs and fees, and such other issues as raised by the
order.
7. THAT since the entry of the order, the court has once
before found defendant to be in violation of the final judgment,
ordered compliance with the order or a jail term, plus fees. On
that occasion, defendant came into compliance prior to serving a
jail sentence.
8. THAT defendant presently is in violation again, by failing
to keep the fifty foot area in front, or on the West boundary, of
his property free from debris, junk, abandoned personal property,
garbage bins and dumpsters, and assorted discarded items, all of
which are visible from SR 15.
9. THAT defendant was provided ten days written notice to
come into compliance with the final judgment prior to instituting
this motion, but has failed to do so.
10. THAT by the terms of the final judgment, plaintiff seeks
an order of enforcement, which would include:
a. An order of incarceration with purge provisions that enable
defendant to complete all compliance with the final judgment within
a short time period, or be incarcerated upon failure to adequately
do so.
b. An order requiring defendant to pay all costs of court,
attorneys fees and expenses related to this motion and hearing.
c. Such other orders of compliance as provided for in the
final judgment.
SUBMITTED this /'`� day of June, 2006.
I HEREBY CERTIFY a true copy hereof is hand delivered to
defendant Marvin Brantley, Hwy. 441 South Okeechobee, Florida, this
20 day of June, 2006.
'd
L(
JOHN . COOK
CITY ATTORNEY
805 S.W. Park St.
Okeechobee, Fl. 34972
(863)467-0297
Fla Bar 262951
Date:05/19 o4
Code Violation Report
case # NO (19
Property Owner I A tai J 6,e A iTL
Location: 190 5 PA a
Phone:
ff cl cc O KF'Fc i+c115
Mailing Address: PO. 60 1 0 S(- 0 K c /++e&z, 3L/773
Lot(s): U,o,0L4 T i 'c I Block: — Section:
Parcel # 2 -28 -37 - 3 5 - OA co - cerr (9 - /l 600
Disabled Vehicles
Untended Vegetation
General Cleaning e emoo E s s nn s 46,,n t -rite aT 6
✓ Public Nuisance J oL, * F it's , S,S A r
Other: fJ Ali -
Du a r ,) AS pobLic pma,r/,g ,
Notice of Violation: Mailed:
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1
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Received:
Reinspected: .5-/36//), Status: (1 O i n &Dm
Reinspected: Status: (2 L 4 hta,r;:)(
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Reinspected:
Notice of Hearing: Mailed: Received:
Reinspected:
Contacted: Owner: Tenant: Other:
Contact made on: In person: By phone: _ Photo taken on: Q S/o',/OC
Code Enforcement Action: W(4-- cyuu t - 7 J / d `f
Val100, ales ,n -4}om --ront Pse d m -
Whu cil n ua -it be, \fanaieci 77.31 0i
Campy Qd ager `-o l..o c.
Pro -active I/Reactive
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Hand Delivered:
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Status:
Hand Delivered:
Status:
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City of Okeechobee
CODE ENFORCEMENT BOARD
NOTICE OF VIOLATION
5/19/2006
MARVIN W. BRANTLEY
1811 S PARROTT AVENUE
OKEECHOBEE, FL 34974
RE:1811 - 1905 S. PARROTT AVENUE PARCEL# 22837350A00000220000
A violation of local codes involving your property within the City of Okeechobee has been cited.
PROPERTY LOCATION: 1811 - 1905 S PARROTT AVENUE
NATURE OF VIOLATION: Ch.30 Sec. 30-40 (d) Junk
CORRECTIVE ACTION REQUIRED: REMOVE ITEMS FROM IN FRONT OF FENCE. ITEMS OF
JUNK SHALL NOT BE PLACED IN OPEN VIEW OF THE PUBLIC. ANY ITEM DEFINED AS JUNK
SHALL BE LOCATED NO LESS THAN FIFTY (50) FEET FROM THE FRONT PROPERTY LINE AND
SHALL NOT BE VIEWABLE FROM PUBLIC RIGHTS OF WAY.
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 comp4(10e. Faij.re 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 at their next scheduled meeting.
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 me at 863-357-1971.
Sincerely,
red Sterling
Code Enforcement Officer
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489
City of Okeechobee
CASE # 06-118
Marvin W. Brantley
1811 S Parrott Avenue
Okeechobee, FL 34974
I hereby certify of receipt hand delivered by the City of Okeechobee Code
Enforcement Officer.
ate
Recipients Signature
"ZU/, Oefflpfziv
Printed Name
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489