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Mott, Lorene (Feltenberger) - Case #17-028 - SatisfiedOfficial Records File#2020008098 Pageisr Sharon Robertson Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 8/25/2020 11'.03 AM Fees: RECORDING $10.00 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand Fifteen Dollars & 00/100 ($7,015.001 filed by and on behalf of the Code Enforcement Board, Okeechobee, Florida, on December. 12, 2017. and recorded in Book 804 , Page 1185 , of -the public records of Okeechobee County, Florida against the following described real property: Case: 17-028 Name- Lorene Mott Address: 1006 SW 5t" Ave. Lot: 2,3&4 Blk- 7 Section- South Okeechobee Parcel- 3-21-37-35-0040- 0010Y-0020 Okeechobee, Florida 34974 has been satisfied by payment in full of One Thousand Sixty -One Dollars & 00/100 , on July 10 , 2017 , in that said payment has been received by the City of Okeechobee, and that the undersigned is authorized to and does hereby release its lien as to the whole of the above described real property, and consents that the same be discharged of record. CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA ATTEST: Chairperson Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY, appeared before me the undersigned authority, Melissa Close, and Roger Azcona, well known to me and known by me to be the Special Magistrate and Recording Secretary, respectively, for the CITY OF OKEECHOBEE CODE ENFORCEMENT. SWORN TO (or affirmed) AND SUBSCRIBED before me, by means of x presence or online notarization, this c9 J"' day of �.;�t- 2020. By � d /N_otary PPlic 1 y Commission Expires: �.p Notar)r Public State of Florida IN Nancy Sue Christopher c PAY Commission GG 969799 af,,.d Expires 04113/2024 _ physical (year), Please return to: City of Okeechobee, 50 SE 2nd Avenue, Okeechobee, FL 34974 CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, Lorene Mott / LIEN / ORDER CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-028 1 Ii1Lff 111l111i11 ff fil 2018003915 OR BK 804 PG 1185 SHARON ROBERTSON► CLERK x COMPTROLLER OKEECHOBEE COUNTY? FLORIDA RECORDED 03/23/2018 10:08:29 AM RECORDING FEES $18.60 RECORDED BY M F i non F'9s 1185 - 1186; (2 a9s) THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on December 12 , 20 17 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 2, 3 & 4 Blk: 7 Section: South Okeechobee Parcel: 3-21-37-35-0040-0010Y-0020 Property location: 1006 SW 5th Avenue, Okeechobee, FL Property owner: Lorene Mott Property has been found to have overgrown vegetation and yard needs cleaning. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sec 30-43 Publiic nuisance & Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning concerning your property located at 1006 SW 5`h Avenue, Okeechobee, FL 34974 If you do not correct the violation within twen , five days after receipt of this notice, or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 15.00---- per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. 41 AGREED AND ORDERED this X� -day of b e -c X1'1 , 20 17 . CITY OF OKEECHOBEE, Petitioner Lorene Mott Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida ATTEST: L 111j�—Jo A-- — Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling__ and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this aO day of ,2011 vw� 8MW'5' NOTARY PUBLIC My Commission expires: IOM BARNES MY COMMISSION # FF 978084 ^9�0� EXPIRES: App 25.2020 OFF' 8=W7?n N0brySW1C8$ Please return to: City of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 357-1971 Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019077754 Receipt # 2020005951 Print Date: 8/25/2020 11:06:13AM Cashier Date: August 25, 2020 Client: CODE ENFORCEMENT 2 Items SATISFACTION Instrument Number: 2020008097 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT SATISFACTION Instrument Number: 2020008098 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT CASH AMOUNT: $20.00 CHANGE: $0.00 Total Payments Total Fees 5.00 2.00 0.10 1.00 1.90 5.00 2.00 0.10 1.00 1.90 $20.00 $20.00 Shortage $0.00 Check Overage $0.00 Rec By: Madalyn Pinon Deputy Clerk www.clerk.co.okeechobee.fl.us/Official—Records. htm CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 - (863) 763.3372 20 RECEIVED from r3 l;, t Dollars �n.- Sao �' r e rnen+ �yyy - ' CLERK CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 4 9 7 7 (863) 763.3372 20 RECEIVED from Dollars 100 Okeechobee Trailer & Fishing Resort, LLC 1411 SW 5th Ave Okeechobee, FL 34974 (86�3)634-62�f85 PAY TO E ORDER OFl V ( I jC�;�� (2r�(� Seacoast � National Bank Okeechobee, FL 34974 FOR `\�.1 �p�� V��ok&A-,a!\ 11200 2 130116 406 700 5 L 58i: 7//v 20 2130 63-515/670 DOLLARS .� 455705950111' EECNOgEg OKEECHOBEE POLICE CODE ENFORCEMENT -``� 'r C, o' Po��cF ` 50 SE 2" Ave. Okekhoke EEvr ,alilOAIDA--.t71i Okeechobee, Fl. 34974 -;W 863-763-9795 863-763-7804Fax March 9, 2020 Mr. & Mrs. Feltenberger 100 SW 5' Ave Okeechobee, Florida 34974 Case Number: 17-028 Mr. Feltenberger, Enclosed are the City Council Minutes from the March 3, 2020 Hearing. As you were aware that they could have reduce it to the 10% of the fine amount. They decided to reduce to the 10% of the $6,615.00 to $661.00 plus the filing fee of $400.00 bringing the amount due to $1,061.00. If you would like to mail the payment please send it to 50 SE 2nd Ave, Okeechobee, Florida 34974 or you can come to the City Police Department and ask for Fred or me. If making payment with a check please reference the Case Number. As soon as we receive a payment, we will file a satisfaction of the lien on this property. Again, we thank you for bringing this property into compliance. Sincerely, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary 863-763-2626 Extension 9802 MapPrint_Okeechobee-Colr�--Property-Appraiser_3 -9-2020 FA's $ 015.00 Page 1 of 1 175, .. 4 I -`' [7, �. I, t IIli1 MA O` j 1 ALL" Iwrsr� 0 130 2160 390 520 650 AIF- III irM 1 kk ant.. JIM ir ' � ! ►• R b a 780 910 1040 1170 1300 ft Okeechobee County Property Appraiser Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 PARCEL: 3-16-37-35-0160-00230-0010 1 MULTI -FAM (000800)10.384 AC NOTES: NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25) LOT 1 & SOUTH 35 FEET OF LOTS 2.3,4& 5 BLOCK - 23 p" FELTENBERGER LISA 2019 Certified Values Owner: 1411 SW 5TH AVE Mkt Lnd $9,434 Appraised $148,021 OKEECHOBEE, FL 349745017 Ag Lnd $0 Assessed $148,021 Y S 305 NW 11TH AVE, ite: OKEECHOBEE Bldg $132,750 Exempt $0 Sales 8/7/2018 $ino I(U) XFOB $5,837 county:$148,021 * r Info 6/2712016 $77,000 1(U) Just $148,021 Total city:$148,021 12/13/2001 $88,000 1(U) Taxable other:$148,021 school:$148,021 Okeechobee County, FL This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its ase, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. GrizdyLogic.corr http://g4b.okeechobeepa.com/gis/gisPrint/ 3/9/2020 Request for Pine Reduction"* New owner is MR. Feltenberg„er*` * CASE NO: 17-028 1. My name is Fred Sterling certified code inspector for the City of Okeechobee, and I've been duly sworn in prior to presenting evidence. 2. Respondents Lorene Motts is/are () present or () not present. The property is occupied by ( ) owner(s), () tenant or () vacant, 3. This case concerns property located in the municipal boundaries of the City of Okeechobee at 1006 SW 5”' Ave . According to Official Records of the Okeechobee County Property Appraiser the owner(s) of record is/are Lorene Mott City exhibit no._1 4. On December 2017 , I personally inspected the property and observed the following: a. General Cleaning & Beautification b. Public Nuisance C. 5. Based upon my investigation, I issued a courtesy card/letter to Respondent(s) notifyingthem of the violation with a request to have the property come into compliance within 10 days. 6. On I re inspected the property and found it still in violation. A Notice of Violation/Notice of Hearing was issued on and delivered by: () Certified mail. () Personal hand delivery. {) Posting Notice of Violation/Notice of Hearing on the subject property. City exhibit no.—2 7. Notice of Violation/Notice of Hearing gave Respondents) days to correct the following violations: a. Ch 30 Sec 30-44 for violation of General Cleaning & Beautification b. Ch 30 Sec 30-43 for violation of Public Nuisance c. Ch Sec for violation of 8. Prior to the hearing, a final inspection of the property was done and I determined: (} Property had come into substantial compliance with cited Codes. () Property remained in non-compliance. 9. I request in addition to my testimony, all exhibits, notices and photographs be admitted into evidence by the Magistrate. '�'� Mr. Felten.berger purchased this property and is requesting a fine reducti.on,'*{ CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-028 Name: Lorene Mott Property Location: 1006 SW 5`h Avenue Code Board Action: Imposed a fine starting 1/19/18 @ $15.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning . Accrual of Fine: Jan = JO -A a/t= 3. { Feb = �V Mar = 3/ . Apr � Z` m� rc;h = -5rjouj s X31 TOTAL = 411 cla -7D 411JOkjs LQCQ� �'' 6O 'upp_ Crr ►UGV 3c Date of Compliance: (n ew , + oi.o t ,44cnee�� c�� 9 Melissa Close From: Melissa Close Sent: Thursday, December 12, 2019 9:02 AM To: okeeland@comcast.net Subject: Regarding the Mott Property Case #17-028 Mr. Feltenberger I have the figures for the Mott fine: Fine started on 1/19/2018 ran through 03/05/2019 for a total of 411 days at $15.00 a day. Total on that is $6,615.00. Also have foreclosure fee that will be add to the amount ($400.00) So that brings the total amount of the lien to $7,015.00. The City Attorney waved his fees. I have the paperwork you filled out for the fine reduction and will get this case on the January 14th Special Magistrate Meeting at 6:30 at the City Nall/ Council Chambers. If you have any further questions please feel free to contact me at the number listed below or email me. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Seceraty (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Melissa Close From: John Cook <jrcook1648@yahoo.com> Sent: Wednesday, December 11, 2019 3:18 PM To: Melissa Close Subject: Re: Mott Case #17-028 Yes court fees added in But. Is Feltenberger responsible? Dont know at this point Sent from Yahoo Mail on Android On Wed, Dec 11, 2019 at 9:25 AM, Melissa Close <mclose@cityofokeechobee.com> wrote: John, Quick question, on the Mott case do i include the 400.00 file fee?? I know you are waiving your fee, but unsure on the court filling fee?? Please advise Melissa Close City of Okeechobee Code Enforcement Administrative Seceraty (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. &NDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida,,. -that the attached copy of advertisement being a §M c': in the matter of � Q a"•• � � a' .,t�;� �_- �'� �� 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 Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously 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. Katrina Elsken Sworn to and subscribed before me this day of I '� t_AAD Notary Public, State of Florida at Large 1 - - — - _-- --� - - - ---may ,•��a;;rue•., -- ANGIE BRIDGES , MY COMMISSION A FF976149 =N EXPIRES: April 20,2020 Eandsd7hfuNotaryPublic Undalwriiters M 0 # krif,IosU'—/ Lake OkecA6o e News 107 SW 17th Street, Suitej)' Okeechobee; ;Florida 3497 r r 863_7i G3-3134 IN THE CIRcu1T COURT OF THE NINETEENTH JUDICIAL CIRCUrr, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO.47-2319-CA-00057 QTy OF qKa0 pBEE, FLORIDA Plaintiff vs her de✓�s creditors, and all LOREiVE N1QTT her spam, hh orLider t ec perDe. by, tiuoug NOTUgQF AMON To: LORENE MOTT Last known address: M=Fd. Fbrida 32 31 YOU ARE aonst You to bredose red v wfftc � O ethat ed,ob�e�eumq �Radda, a: Lets 1 3,&4IJ3'S tliat pa!tOfO=EI}IDBFE p.blc nemids, Okeechobee est of a M2 as described In OR 257 Page h677, Eodc 7 MOM rt -002A mutiY R. Parcel b#3-21-37-35-0010-OD10Y Being 1006 SW 51h Avenm Okeechobee, Florida NA#r action is Pe<J in Okmrhnte malty, Ronda, and YW are r�N�: m serve a copy d)� wrdden defenrs a arerer I art,; on P2tEforres at torn' JOFW R.000K 55 SE 3d Avenue Okeedobee, Florida 34972 Wdib thirty 1=N11===%9 raLY original wdh thFGadt, at the OI�EOIOBff JUDICIAL CT3`1Ti3Z 307 NW 3rd Avene, Okecdrobee, Ronda eUier befae sellae on lkti =ens attXW, ar Irrmedat �jj'�thaaofl�r, dhewtse a default will be entered iinst reAef hweeksW tition. Th's rotlo' w�A be P�listod the take Okeedabee News. In By: Deputy Clerk of Carat Copies krn fished to: John R. Cook 55 SE 3rd Av, Cleedrobee, FL 34972 "�1648 Bar 026Zis1 jco*1648@,ehoo.mm INP RANCE WITH THE AMERIC* S WrfH DISABILITIES ACT, PER SO(5 WffH D15ABILTfI;� NEE M SPECIAL AcCOMV00ATION TO PAR- Tf�ATEINTH6PROC) DITNC SHO ULD CONTACT COME ICHN90N ADA COORDIIJAIOR AT OOUfRi ADf+�IISTRATION NOT LATER THAN SEVEN D4yS PRIOR TD THE PROCEMI NCS AT THE OFFICE OF ODUKT AL)NME' TRATION250 NW Carta (kb DrNe Sole 217 Port St Wde Florida 34986 agC�j�Z DAYS OF g�ypU ArHFpfi E4PAiRED DIAL 71LYCURRECEIPT OF SPANISH: I: Listed � � a� � es una Pam �P paa urva P� Pa'bdlxr de est IrooadrtdeenN o evenhl rsted bate dae da sin costo algLm a que se le Pr— data W Uda. Favor de mor a x m con Corrie Johnson, cardnadcra de ADA 250 NW Country Cl.b Drive Scale 217 Rat St I r i ie, Florida 34986 (772) 807-4370 Por 10 meas 7 des ante de We t. que mrrparecr en aorte o concede merle despues de hater reo r� ndJkwm 6 I amme�al ffaka mare de 7 des para su de�va 711. kREYOL: SI aI se yon maim ki Wkobe Id b¢wen a aom ou apa(e/ you ou ka �psipe nan p Asada sa-a ou gat dura san ou pa bw4en peye arr,trr you ou jv on sen de ed. Tarps knntakte Corrie Jolvlscn ADA madr naApr 250 NW Ca rntY Club ' `quite 217 R)rt St Lude, Florida 34986 (T/L) 6074370. arle ou 7pu an an sea- gen pou-ou p�Lrrn a � 7 nal, ou irtllla<I le ou r ams sa a ou sl tr�alate X7532 LO 10/1 1,18,25;17 j1 j20] 9711. 'ri New Search Expand All Case Number Flied Date County l Caae Type Status _ ContestedJury Trial 472019CA000057CAAXMX 03/04/2019 OKEECHOBEE Circuit CMI 37-0 OPEN No No jta00005,CAAKMX] Filing Date Deacrl I Active L. Contested I Judgment Dete 03/04/2019 RP/MF-NONHOMESSTTEAD RESID 50- YES NO - Parry Name Parry Tviee Attorney ' Bar ID BUCHANAN, LAURIE E JUDGE CITY OF OKEECHOBEE PLAINTIFF COOK, JOHN RICHARD 262951 MOTT, LORENE DEFENDANT ... ........ ........... ....._ Dockets __ _... .......... ......... ... ........ .... .. ...... _.. ..........._ ..._ -. ... .- ...... . _. .. _ ... _. _. _... Imp Doe 9 ! Action Date I�. Description Pages 0 9 10/0812019 ORDER FOR PUBLICATION 2 6 10/022019 AMENDED AFFIDAVIT FOR ORDER OF PUBLICATION 10 V 7 0926/2019 AFFIDAVIT FOR ORDER OF PUBLICATION 2 6 03/05/2019 NOTICE OF LIS PENDENS 2 `t..1 5 03/052019 COMPLAINT IN FORCLOSURE 43 3 03/052019 Payment received: $400.00 Receipl Number MX 81970 ! 4j 4 03I 2019 CIVIL COVER SHEET 2 2 03/04/2019 Assessment 1 assessed al sum $400.00 i 03/0412019 Casa 472019CA000057CAAXMX Filed with Clark m,3/412019 Judge Assignment History ... .. .. Assigned Date Withdrew Date Judicial Officer Type 103/05/2019 - BUCHANAN. LAURIE E' Court Events Event Data Judge Docket Type Location I Prosecutor Defendant Attorney No records round... .. ,..... ....... Financial Summary Reopen History 1/1 FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the .filing and service of pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Section 25.075, Florida Statutes (see instructions for completion). 1. CASE STYLE Name of Court: Okeechobee County � 1 Plaintiff ! 67�^ Av—, vs. I .1 Defendant 11. 11. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes. ❑ Condominium ❑ Contracts and indebtedness 0 Eminent domain ❑ Auto negligence ❑ Negligence—other 0 Business governance ❑ Business torts ❑ Environmental/Toxic tort ❑ Third party indemnification ❑ Construction defect ❑ Mass tort ❑ Negligent security ❑ Nursing home negligence ❑ Premises liability—commercial 0 Premises liability—residential ❑ Products liability ❑ Real property/Mortgage foreclosure ❑ Commercial foreclosure $0 - $50,000 ❑ Commercial foreclosure $50,001 - $249,999 ❑ Commercial foreclosure $250,000 or more 0 Homestead residential foreclosure $0 - $50,000 . ❑ Homestead residential foreclosure $50,001 - $249,999 ❑ Homestead residential foreclosure $250,000 or more "Ponhomestead residential foreclosure $0-$50,000 0 Nonhomestead residential foreclosure $50,001 - $249,999 ❑ Nonhomestead residential foreclosure $250,000 or more 0 Other, real property actions $0 - $50,000 ❑ Other real property actions $50,001 - $249,999 ❑ Other real property actions $250,000 or more ❑ Professional malpractice ❑ Malpractice—business ❑ Malpractice—medical ❑ Malpractice—other professional 0 Other ❑ Antitrust/Trade regulation ❑ Business transactions ❑ Constitutional challenge—statute or ordinance Case Judge: J L L� �1� C'�-✓l °r' '` �_ i:.:_ .x.. t .1.i • . cr- C)-151 C7 p Q C= t: -60 :;D�. .4 _n r- 11. 11. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes. ❑ Condominium ❑ Contracts and indebtedness 0 Eminent domain ❑ Auto negligence ❑ Negligence—other 0 Business governance ❑ Business torts ❑ Environmental/Toxic tort ❑ Third party indemnification ❑ Construction defect ❑ Mass tort ❑ Negligent security ❑ Nursing home negligence ❑ Premises liability—commercial 0 Premises liability—residential ❑ Products liability ❑ Real property/Mortgage foreclosure ❑ Commercial foreclosure $0 - $50,000 ❑ Commercial foreclosure $50,001 - $249,999 ❑ Commercial foreclosure $250,000 or more 0 Homestead residential foreclosure $0 - $50,000 . ❑ Homestead residential foreclosure $50,001 - $249,999 ❑ Homestead residential foreclosure $250,000 or more "Ponhomestead residential foreclosure $0-$50,000 0 Nonhomestead residential foreclosure $50,001 - $249,999 ❑ Nonhomestead residential foreclosure $250,000 or more 0 Other, real property actions $0 - $50,000 ❑ Other real property actions $50,001 - $249,999 ❑ Other real property actions $250,000 or more ❑ Professional malpractice ❑ Malpractice—business ❑ Malpractice—medical ❑ Malpractice—other professional 0 Other ❑ Antitrust/Trade regulation ❑ Business transactions ❑ Constitutional challenge—statute or ordinance ❑ Constitutional challenge -proposed amendment ❑ Corporate trusts ❑ Discrimination—employment or other 0 Insurance claims 0 Intellectual property III. REMEDIES SOUGHT (check all that apply): "onetary, ❑ nonmonetary declaratory or injunctive relief, 0 punitive IV. NUMBER OF CAUSES OF ACTION: (specify) Z V. VI. ❑ Libel/Slander 0 Shareholder derivative action ❑ Securities litigation 0 Trade secrets 0 Trust litigation IS THIS CASE A CLASS ACTION LAWSUIT?42 s 0 yes Q�n° HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED1 t no _ 0 yes If "yes," list all related cases by name, case number, an court. §�Ag 4 VII, IS JURY TRIAL DEMANDED IN COMPLAINT? 0 yes - nory `" _a - I CERTIFY that the inforrnation I have provided in this cover sheet is accurate to the best of my knowledge and belief. Signature t. Fla. Bar # Attorney or party (Bar # if attorney) b! V� I,,— �fv 0(\ Date: 3 ' 1 l t (type or print name) AV VII, IS JURY TRIAL DEMANDED IN COMPLAINT? 0 yes - nory `" _a - I CERTIFY that the inforrnation I have provided in this cover sheet is accurate to the best of my knowledge and belief. Signature t. Fla. Bar # Attorney or party (Bar # if attorney) b! V� I,,— �fv 0(\ Date: 3 ' 1 l t (type or print name) IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE N0912019 -CA- 000051 CITY OF OKEECHOBEE, FLORIDA Plaintiff Vs. LORENE P. MOTT, if alive, her heirs, Assigns, personal representatives, Creditors, and all persons claiming By, through or under her interest AND UNKNOWN tenants residing therein. Defendant NOTICE OF LIS PENDENS COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA to the subject real property, by and through undersigned counsel, and pursuant to F.S. ch. 48.23, gives notice of an action affecting title to real property against the Defendant(s), follows: THE plaintiff has filed an action on March 4, 2019 with the clerk of court, Okeechobee county, Florida, to foreclose a code violation lien on real property pursuant to F.S. ch. 162 located within Okeechobee County, Florida, described as follows: 1.006 S.W. 5`' Avenue Okeechobee county, Florida Parcel id # 3-21-37-35-0040-0010Y-0020 SOUTH OKEECHOBEE Lots 2,3,&4, Lot 7, LESS that part Lying West of a line; as described in OR Book 257, Page 1677, public records Okeechobee county, Fl. THAT the action is founded on a recorded instrument, being a code board violation/lien pursuant to FS ch. 162, found at OR Book 804 Page 1185 et.seq. Public records, Okeechobee county, Florida PLEASE GOVERN YOURSELF ACCORDINGLY c ` Z= -�-, C -j. CD-,� cQ cn -to COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA to the subject real property, by and through undersigned counsel, and pursuant to F.S. ch. 48.23, gives notice of an action affecting title to real property against the Defendant(s), follows: THE plaintiff has filed an action on March 4, 2019 with the clerk of court, Okeechobee county, Florida, to foreclose a code violation lien on real property pursuant to F.S. ch. 162 located within Okeechobee County, Florida, described as follows: 1.006 S.W. 5`' Avenue Okeechobee county, Florida Parcel id # 3-21-37-35-0040-0010Y-0020 SOUTH OKEECHOBEE Lots 2,3,&4, Lot 7, LESS that part Lying West of a line; as described in OR Book 257, Page 1677, public records Okeechobee county, Fl. THAT the action is founded on a recorded instrument, being a code board violation/lien pursuant to FS ch. 162, found at OR Book 804 Page 1185 et.seq. Public records, Okeechobee county, Florida PLEASE GOVERN YOURSELF ACCORDINGLY DATED this 4 day of March, 2019. _ /s/ John R. Cook JOHN R. COOK City Attorney 55 S.E. 3d Av. Okeechobee, FL. 34973_ (8 63) 634-1648 ;T Jrcook1648@yahoo.com FBN 261951 Filing # 96322747 E -Filed 09/26/2019 10:00:34 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEE+CHOBEE COUNTY, FLORIDA. CASE NO. 2019 -CA -0057 CI'T'Y OF OKE_ECHOSEE FLORIDA Plaintiff Vs. LORENE P.. MOTT et -al. AFFIDAVIT FOR ORDER OF PUBLICATION STA'L'E OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, this day personally appeared the undersigned, JOHN R. COOK who being first duly sworn, does state as follows:. 1. That affiant is the city attorney for petitioner herein in this action. 2.. That the defendant is known to be deceased. AND a diligent search and inquiry has been made to discover the residence and address of the defendant or other parties in interest named herein,. who are believed to be over the age of 18years, and are not believed to be in the armed forces of the United States. 3. The named defendants last known address prior to death was 2082 Cypress 'Creek Rd. Cottondale; Fl. 32341, and the names and address of any other person ©r creditor who may claim an interest in the subject real property is unknown after diligent search and inquiry. Electronically Filed Okeechobee Case # 19000057CAAXMX 09/26/2019 10:00:34 AM 4.. That affiant has searched public records and no current address or domicile at which to contact defendant or other named, parties was located. 5. That affiant has exhausted all means of otherwise locating the defendant or others who may claim an interest at the last known residence and address, stated above. FURTHER AFFIANT SAYETH NOT. : THIS AFFIDAVIT IS EXECUTED IN GOOD FAITH UPON PERSONAL KNOWLEDGE AND BELIEF. M5 JOHN R. COOK Affiant STATE OF FLORIDA _ COUNTY OF OKEECHOBEE = BP'FORE ME, appeared. JOAN R. COOK, who is ( x ) personally known to me; or who ( ) offered. the following identification: who executed the foregoing and which information is true and accurate to his knowledge and belief. SWORN TO ZOSUBSCRIBED before me, thi day of September 2019 . VS. LORENE P. MOTT et.al. AMENDED AFFIT� `� I iMTB.OF FLORIDA COUNTY OF OXERCH0i3EE 2. That the defendant is known to be deceased AND a diligent search and inquiry has been Stade to discover the residence and address of the defendant or other parties in. interest named:herein, who are believed to be over the age of 18 years, and are not believed to be in the armed forces of the United States. 3. The named defendants last known address prior to death was 2082 Cypress Creek Rd. Cottondale, F1. 32341; and the names and address of any other person or creditor who may claim an interest in the subject real property is unknown after diligent search and inquiry. Electronically Filed Okeechobee Case # 19000057CAAXMX 10/02/2019 10:02:16 AM 4. That affiant has searched through an internet search engine, PERSONTRUST (attached) which reveals that the defendant was 90 years of age, and resided at the address set forth above. The search also revealed nine (9) persons who, if alive, may be relatives of defendant, but who do not appear as persons of interest in the real property via the records of the Okeechobee property appraiser concerning the subject real property. These persons will be contacted and placed on notice of the pending foreclosure. 5. The son or grandson of defendant FREDDY L. MOTT III resides at the 1006 SW 5' Avenue Okeechobee address, and relates that the. defendant. died in Jackson county, Florida. An application for death certificate has been forwarded to Jackson county for filing here I in. He further relates he is the only direct descendant of defendant still alive, and is being served with the foreclosure complaint. That service of process however will not notice or bind the deceased defendant or her estate, if any. Counsel searched through MyFlorida.com and no probate records were located" .1 6. That affiant has exhausted all means of otherwise locating the defendant or others who may claim an interest at the last kknPW4 residence and address, stated above, and knows of no other person: upon whom service of process can be made. FURTHER AFFIANT SAYETHNOT. THIS AFFIDAVIT IS EXECUTED IN GOOD FAITH UPON PERSONAL KNOWLEDGE AND BELIEF. JOHN R. COOK , Affiant STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, appeared JOHN R. COOK, who is ( x ),personally known to me; or who offered the following identification: who executed the foregoing and which information is true and accurate to his knowledge and be'lief. SWORN TO AND SUSSCP.18ED'bef6reme, this"". day of September 2019. NOTARY; PUBLIC MY COMMISSION EXPIiz'st ROSIN SRO& S EXPfRES:0ecw"2T2022 Owdod ThU WNY k6Wtk:4'*r0rkv:*: Report for Lorene Mott Page i of 9 PERSONTRUST All data offered is derived from pubi!c.Sources. wersonTrust does not verrfy or evatuate eso. piece of data, and makes no Warrardiss or guaranteesabout any of Via information offerer#.'PeraVnTrual r possess or have access to secure or prorate financial information.. PersonTtuet is not a credit teporfatg agency and does riot of* consurnel reports. None of the inforrrmattorn offered byPolveAtYust i cons,dered for purposes of determmdng any entity or person's elrgiyif Y nor endo, lnturaMe, employmant, housing, or for any othM perpose3s 4mveled under the FORA. C .mane :Mott, 90 Cottondaie : FL Comprehensive Background Check Report date. Oct 01, 2019 Summary ?efso^d? t?tt;yilc rer'ngS a7 n' 11+5i@ Jeie)"rn.4!:N Such as rnaide; i ame's: tetrttt data- recent dwrQS9Csa^.0 o'her Lads 6 Mame ,Aledkrwwas 08fsoff3irth Age Lad iaiowa addrasa MsLorene PMott.V.s q0 M. Addresses Addrm 1(106 STh Ave, QkeecPosuep, YL 34-174 fteighhws ,, LfganpsMA :: NAP 12.011 Nemo Address dodo M:, n�r;rri;Uelra�+±z llc��Sf.�ci :''ke#xJarh«a' 4 :tiirY'k,ix,.r-i'f 'i4+t: wWna �ai,351-G;tfiB AL i:c'vl>4 "NBVJ{9 :iC!xJWYrrhkfx '�!il3 .`. F➢r l;P:sP.tll4±tY. ! {'I.O..'. PtIorw i&i.21 r 2j 416., Ms Alma Rose Cuby i'.Ni4 ^1 n ;',;, "Ne.'%;r>•:fiNr. r't_ 7.9%; {� r x Ar"I LK- 1310 3Th L3, tSkL+e kee, i'J. 34974 Ms ftan ces i. Knq t 1ti'.9 51 hAve. Metechotae, Ft .34972 Addnrsa - Nlnt [speeded ! 20 &uy Scout Rd, Booneville, AR. P.927 .. Addhn6 Firstsaported' 944 51h Ave. 6keachobee, Fl. 34976 :'f Q11,21Wi .. https://personw-ist.com/report/view?i=2798778 Pct m IefaJ 467..9063 Lastiaponw t1t10tr'�(!te .„ LadrepittW 10/1/2019 Report for Lorene Mott Fuge 2 of 9 Ne!9hbots Name Ad&U$ - Into VW0l•crsGkhf,M 902 %Th:St, MeWlode K3a472 .. ;h7s,14niYA:@aryth$Q,?SrTha^t.OkeBral!Q,dB'£.FI.3'44?2 I'my, t Madison :9-4 5Th St 0keegh0 m. ft 34974 -..... Mr Wattcr Arktrewwa Pierawn, W4 STh Ist, Cke*Stottee. R U917 t "rano {Flbi! 703 ms'A :7sn 4 Thompson Cvje 5TH to at::4, �ti4ti o?'ati�ee. ! C ;u?-a Pflrnre. 61Ki3r r!ti]•;.:9ES[ MrNStiame!F..'r.,.ua;,. Address ..... _ .. _ RketrYpsrlsd ' :tAtlR1pLR{!ry nh Ave, okeechohek, Fi 34072 '; Rt f: ^'>; i .- - ;}q a r*W) Addrrur+P+st�l: wMwF°'gd M2ArrOarstLn. Pact Smh, 72909 _ ` l,r "31!!9.EFI 1Z,ter1 9 6, Neighbors UMV t Gk^re nus Ml Arnnetx 1. r., Fort S t>!h .AR 72.5"39 Y.tiliiitnFRfln ikrotFie 1C!� R•tYmrs:". Fa! Jrcu;u: AF. i7'D3 Pie,`,-(<'�t 649 3996 IW Caa:al L Lsk@*W: ..: _,W Anlnerw Lj-. Fort?mrtn AR 72N!:1~r - - -4rr„ +a5 6a69' Z3 COW UYriyon 104Ar+xnerXU%FoUSrrea'tAP729073 Addr+M. .......... 2.092 Ct press Creek Rd: Cottondale, FL 32437 Addr+s+ rtRd Lm�11,11t td Ar3>posax,6o+i4eAR;i�9g7 .. .�`�'`� �" {"'€r,. iY.+Qli199z „�"'r t.�JEt7J1991 AdAPRIU'^� Rost �. " L""Vatad 7'320 Rogers Ava 62e'39. Fon 5tt+9U+: .02!`29.03 - ,N OVIO . ,+• .:7 t ISC, qnf " . PI1bR@S , r 1'+(teM - �1r#LCfiPRCIMI' t ';`r-- Lest n o"'W (893)763.6753 - - P'14:ifi:37.0` ..Ogr1/Y#•'2�:' {954;+'193.3246 : (94W162,6753 O lQ5:7Qr.7 a?JOtJ2Qt7 �SJT 875.2685 =. M0612(?t6 0311872.0,6 1 tQMit E -mWAS g fif4xMy r1(Yt{ Yahoo C.nrn . hYratEa;fi0pQm57irk:.nB2 - ,_�• - - Social Securuf" ivowdwers SSN 76h,a4•�xsx Prope a t�xtls AP*, PurcWWAexaeedpik6; $9,956 Moa mom suya ek Melt Mestr+eent �e17at+k Steve R Parker - - L6xane PMOt't - Recorder Records Recorder RaoordJOr FROnp Date �3J2tY t 99t Ownership Most recent Buyer/Owner(s); t.ore"o P Moti. Moa ►aeaRf $elleisS Sieve R Parker Location Site Address: 10%5'rhAve. OkeWriobee• Ft. Recorder Data 1-011/2019https://Ptrsontrust:com/report/vieW?i =279877$ Report for Lorene Mott Pase 3 of9 1006 5Th Ave, Okeech4Dbee, FL APN: Most rec"I fluyor/owner(s): mrIt" P Recorder Records Recorder Record W Ownership Most recent BuyWow"ar(s)" Location Site Address: Recorder Daita PurchamelAssessod Pam, MMostrecaMShcer(al! tele R frarkw Mott recent sniler(si; Lkt,* +Y*A-P Ft FJPS Municipal Code, NI FfPS State Code: Municipal 'Code; municipal Name: 0KrLC?i0St+ Arins Length r4og M., T,.os$,r Daus; Transfer Type' T,a.sfos value; Assessor Records Assessor Record for '-M* 2 CJlfvrz. Utz, R"T. :!Wm**, rL Filling Dale.I'le", IN, 4 Aft Ownership Most recent Most recent Sellcr(*): -- Itt -. - Location She Addrom, Mailmg Adresw Assessor Date Aroh1fatture Cod*;. UK P iQ5f L State Godt-; I vp Value; 2sn'lit Assessment Yew: FIPS Municipal Code: Munmipil Code: municipal Narno: ;kl cot's(ruction Qkality; 1,3 Cooling Detail-. Transfer Date., v/ Exterior Coda 1: Finished Sq ft Total: Heeling Cooling: 7 Pleating Delail: Invrovorno"t Market fr(Wove0eirt LoVid Descriptlom su: 714) i rPW* LYMW Lot Depth: OFA! LatSkis' Lot 2: 71 Lot Width: tot Size; Stories: Units: godroomv Parxii..: Roof Coda: v Sectlott: 'Total I'll It: Total Assessed ft ft $ubdivision: Tax Value: Tax Year, YC G Township: Assessed Volvo: AASassell f0riproy"Wat VW" Assessed Land Value: me" vww: 35326 Market Value Improve tents! v4A#t vafuu Law: Ttanolar Value 9IIKi y"t soft 0211 Amw Length Flog AFS: T, WWI TvpI unitlye, ID: mWel"I Use code. LK!'. Standard Use Code: PS: R Assessor Record for 2082 "yoreaR Ctee* Rd Cotlonmie, FL Filling Data: t 87:1 pr 2ot4 Ownership Most recent Huyevownw(s): W ele P K100 Steyp R Park" Location Site Address; • Ci 5I Ave, Ft- M&HIme Adrew. 208217,Wte's Greet Rd. Cotto-xla'fl. FL A,oaaaanr n=t!s htips://Perwntrust.com/repoi-t/view?i=2798778 10/1/2019 F�141 - * Keport for Lorene Mott 2082 Cypress Creek Rd, Cottondale, FL APN: :P,'t�. I J-,? jD04QV,`- GYWM PincIniselAssessed Price: Most recent auyeriiawnv(s): Mott Most woot Seller(s); Stove k wr-w p MWI Page 4 of 9 Assessor Records Assessor Rai for FtT ryr, r V P C, I? r! 1-o V; nif, 1'e, F t Flifil of": Ownership M641 re"M ftyarlownwo: Mae rocent seller(s): P pe"M Location - Site Address: f0aiting, Adress; vfI•`CYf/esstrsysHri,fo'TA+;tut.FL'.. Assessor Data Architecture Colic CKEEt P fr. State code; FL Value; Assessment Year: 7 FIPS Municipal cods: W., Municipal Code., Munitipal Name. construction.Ounlity: booting Dolelh Transfer Date: Finished Sq fl Total: "nating ling: S Heatintl Detail: �, finproveal LaigalDoseription: .""Ca'45 S LIES6 114AT PAPT'., Market Improvement Lot Depth: k Lot E 2 i'm 12; Lot Width: St orle.: t Lot Size: Bedrooms: Range RoofCode; Sa.ti.n, Total $q it;'46 Total Ass.teed Sq fit: SubdMsion, Tax value: Tax Year; Township: lt5 Assessed Value: Assessed Improvement Valm, a Assessod Land Value: Market Value: Market value Improvements: > 8 Market Vluo ).and: Transfer Valuo; Year SWW i lj,^• 5 Arms Length Flag OFk Unitio IM Municipal Use code: Standard Use Codes W, AftessorRocordftr ss cfeo R Filling Date! Ownership Most rei 80WICoster(s). 1, ofelp P NW, most recont sellor(sy Stevie R (%1*401 Location Site Address: Aft, jler-ellioi fl,, Mailing Adress: ;nV. Cyplp,% -'.,QekAd, cortoi.xjii+'. Q Assessor Data Archhacturo Code: 4APEC140KE state Doric PL Value! 31859 Assessment Year; ri) t6 FIPS Municipal Code: Mu(66pal Code: Mmloijial Name. f!KiCFCPa0fiFF Construction Ouality: Cooling Ootall! rwit'ai Transfer Oat#. "12tV20)6 Exterior code I., Sidmij Finished SQ " Total., if Hoaftnqlaoolllfig: fi Improvement V tr2w2. Madret•tmprovetnetit LA01 Descrip"ooll 1*UTI4 OKEECOOKIE LOTS 3 4 LS*5114AT PART LYING W Lot Deptir OFALINE QF.SG INOR Lot 0 1; 2 .. Lot Width: Lot SIM iG77t.00CtI Stories: Uitits: ,https,/tperso,ntrust.com/`report/view?i=-2798778 Report for Lorene Mott Pam 5 of 9 RelatedPeople Adriarims L Mbn Fa.h"'yt.•Nr+U6 :y�N,ri' M5.'.`•,101`orn '2.1 tiw S,.:ax .14.,v ;, ,.Ak Jas;' - Anstee T Mutt ri'9) 4: 5 St}85 gni iww9r Pr9J:e RH. dcwtim i!r,. AR I; ,. i.`J Boy: S x4 ft b,-YvvP,, i°H t4o LiS,; Hntwwr. Aq Caleb P"Mon ^ x8rid)PY:C I i*.fY.":;.rel.: Y•P *'� � ix ;Y!IirDi'>tU�'. 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SrnKre, AN 7Z )M 415'1 "0. f":4, ,';I 7�'qcn Page 7. of 9 PgpqrvTruv. -.xam i4i ml a cc ngcvk>--"it:,uetm' vw '' 3' not az i T*Ine, wNcl, feaulas FCQA z.0frqAmm-t vou may Person -[:s" or the y al-y+gar use covered antler 1r'AbFCAA 6kaw- phgnojrCcOlftgnt Persn'Trust -4v - M I WPM Ik- O'v- "� ftl e of I m lwa' Llotew. hliP. pho'e4 Ad4vzses- https://persontrust.com/reportiview?i=z2798778 10/l/2019 IV tjA 2, fW 84r,.Vl� AR 379�� W, t' Ap 66 Y" 81 FAA Nam 'A �11 f-aDale, AR "2-k62 Dake (9 fPlk' F(Oloy Molt 1234 wa'mto. RORM. Al? n.716 S' 06 U 91, rcm "Oh, AR 7290 i 561t, S!,fcxt. SrnKre, AN 7Z )M 415'1 "0. f":4, ,';I 7�'qcn Page 7. of 9 PgpqrvTruv. -.xam i4i ml a cc ngcvk>--"it:,uetm' vw '' 3' not az i T*Ine, wNcl, feaulas FCQA z.0frqAmm-t vou may Person -[:s" or the y al-y+gar use covered antler 1r'AbFCAA 6kaw- phgnojrCcOlftgnt Persn'Trust -4v - M I WPM Ik- O'v- "� ftl e of I m lwa' Llotew. hliP. pho'e4 Ad4vzses- https://persontrust.com/reportiview?i=z2798778 10/l/2019 Filing # 96912518 E -Filed 10/08/2019 12:28:15 PM IN THE CIRCUIT COURT OF THE NINTEENTH JUDICIAL CIRCUIT, IN AND -FOR OKEECHOBEE COtMTY, FLORIDA. CASE NO, 2019 -CA -00057 CITY OF OKEECHOBEE FLORIDA Plaintiff Vs. LORENE MOTT, her spouse, her heirs, Assigns, devisees, creditors and all Persons claiming by, through or Under her. CPJ)RR POR PUBLICATION THIS CAUSE came on to be heard upon the verified petition Of oqunsel for plaintiff in this cause for order for publication for unknown persons of interest, heirs, or creditors, and upon same, and the court being advised, it is: ORDERED and adjudged that: 1. That plaintiff counsel has filed an affidavit for publication and states the names and addresses of any person, creditor or entity claiming an interest in the subject real property ars described in the pleadings are unknown after diligent search and inquiry. 2. That petitioner seeks that the court issue its order of publication and that notice of action be published in a local newspaper for filing of claims as provided by law, 4. That the court orders that petitioner publish this notice in a newspaper of local distribution, being the following: OKEECHOBEE NEWS Electronically Filed Okeechobee Case # 19000057CAAXMX 10/08/2019 12:28:15 PM DONE AND ORDERED this 8th October day of j9pb&ftb&x, 2019. Electronically Signed by Circuit Judge Laurie E. Buebanan 12:13 orn. Oct 08. 2019 CIRCUIT allDGE FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for'the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Section 25.075, Florida Statutes (see instructions for completion). I. CASE STYLE , Name of Corot: Okeechobee County Plaintiff Case #: G b i ct.f C �� ✓ Judge: 0 J,Jy &'y1 Cx-✓` Defendant ��` A Il. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes. ❑ Condominium ❑ Contracts and indebtedness ❑ Eminent domain ❑ Auto negligence ❑ Negligence—other ❑ Business governance ❑ Business torts ❑ EnvironmentaVToxic tort_ ❑ Third party indemnification ❑ Construction defect ❑ Mass tort ❑ Negligent security ❑ Nursing home negligence ❑ Premises liability—commercial ❑ Premises liability—residential ❑ Products liability ❑ Real property/Mortgage foreclosure ❑ Commercial.foreclosure $0 - $50,000 ❑ Commercial foreclosure $50,001 - $249,999 ❑ Commercial foreclosure $250,000 or more ❑ Homestead residential foreclosure $0 - $50,000 . ❑ Homestead residential foreclosure $50,001 - $249,999 ❑ Homestead residential foreclosure $250,000 or more 'Ponhomestead residential foreclosure $0-$50,000 ❑ Nonhomestead residential foreclosure $50,001 - $249,999 ❑ Nonhomestead residential foreclosure $250,000 or more ❑ Other real property actions $0 - $50,000 ❑ Other real property actions $50,001 - $249,999 ❑ Other real property actions $250,000 or more ❑ Professional malpractice ❑ Malpractice—business ❑ Malpractice—medical ❑ Malpractice—other professional ❑ Other ❑ Antitrust/Trade regulation ❑ Business transactions 0 Constitutional challenge—statute or ordinance 0 Constitutional challenge 'proposed amendment ❑ Corporate trusts U Discrimination—employment or other 0 Insurance claims 0 Intellectual property III. REMEDIES SOUGHT (check all that apply): "onetary; 0 nonmonetary declaratory or injunctive relief; 0 punitive IV. NUMBER OF CAUSES OF ACTION: [�� (specify) 0 Libel/Slander 0 Shareholder derivative action ❑ Securities litigation ❑ Trade secrets 0 Trust litigation V. I_S_T_HIS CASE A CLASS_AC_T-ION_LAWSUIT2– -- --- — 0 yes Po VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? t(n o 0 yes If "yes," list all related cases by name, case number, and court. VII. IS JURY TRIAL DEMANDED IN COMPLAINT? 0 yes 7 no I CERTIFY that the infonnation I have provided in this cover sheet is accurate to the best of my knowledge and belief. (� Signature,, p Fla. Bar # Attorney or party (Bar # if attorney) �7�\i��C� Date: A (type or print name) IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2019 -CA - CITY OF OKEECHOBEE, FLORIDA A municipal corporation, Plaintiff Vs. LORENE P. MOTT, if alive, her heirs, Assigns, grantees, personal representative, Creditors, and all persons claiming - -_ By, through or under her interest AND UNKNOWN tenants residing therein. Defendant COMPLAINT IN FORECLOSURE COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA, by and through undersigned counsel, and files this Complaint against the named Defendant(s), as follows: COUNT 1 1. This is an action to foreclose a Ch. 162 code enforcement lien on real property located within Okeechobee County, Florida, described as follows: 1006 NW 5th Avenue Okeechobee, Fl. Parcel id # 3-21-35-37-0040-0010Y-0020 SOUTH OKEECHOBEE lots 2,3,&4, Block 7, LESS that part Lying West of a line, as described in OR BOOK 257, Page 1677, public records Okeechobee county Florida. 2. That the Defendant is record fee owner of said property according to the property appraiser, and OR Book 257, Page 1185, public records, Okeechobee County, Florida. 3. That a certified code enforcement officer mailed a courtesy letter dated October 7, 2017 to defendants last known address advising her of the code violations, and opportunity to come into compliance, which certified letter was signed as received. (exhibit A) 4. Further, the code officer posted a notice of violation on the property, with public notice of compliance with ch. 162. (exhibit B) 5. That upon no response, a notice of violation and notice of hearing was mailed to defendants last known address on November 15, 2017, which certified letter was signed as received. (exhibit C) 6. That a duly advertised meeting of the city of Okeechobee code board occurred on December 12, 2017, at which time code violations were found, and a daily fine of $15.00 per day was ordered, and a lien/order to that effect recorded at OR Book 804, Page 1185, public records Okeechobee county, Florida (exhibit D) 7. That the subject property is vacant non-residential non -homestead property. 8. That the interest of the Plaintiff in said property is a lien superior in dignity to any right, title, claim, lien, or interest of the Defendant(s) herein. 9. That the daily fine imposed has run continuously since January 15, 2018, and as of March 4, 2019, @ $15/day, with a total fine of $6,090.00 now due, owing and unpaid. 10. That diligent search and inquiry has been made to discover the name and residence of the Defendant (s) and the same is set forth as is particularly known to the Plaintiff; that Defendant may be deceased, with last known address by property appraiser to be 2082 Cypress Creek Rd. Cottondale, F1. 32431. 11. That the Plaintiff believes that there are or may be persons who are or may be interested in the subject matter of this action whose names after diligent search and inquiry are unknown to the Plaintiff. That said unknown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, tenants or other claimants by, through, under, or against the Defendant(s) herein, and therefore all of said unknown parties are made defendants in this action. That there may be other unknown parties having or claiming to have some right, title or interest in the subject matter of this suit, whose names after diligent search and inquiry are unknown to the Plaintiff; that diligent search and inquiry has been made to discover the names and residences off the unknown defendants, and the same are set forth herein as are particularly known to the Plaintiff; that their ages are unknown; that their residences are unknown, and that the Plaintiff does not know by, through, or under or agains— t whom may claim, nor what right, title or interest they may claim in the property set out in this complaint. 12. That the Plaintiff has expended, and will expend during the pendency of this civil action, certain necessary costs and payment of taxes or insurance to protect his/her security interest in the premises, all of which are secured by his/her lien, and shall seek reimbursement therefore. 13. That the Plaintiff has retained the undersigned as his/her attorney to bring this action, and has agreed to pay reasonable attorney fees and costs for such services, such fees being an additional indebtedness secured by the lien. WHEREFORE, the Plaintiffs request that judgment in foreclosure be entered for what is due the Plaintiff for principal and interest by virtue of the lien, including taxes, expenses and costs, including attorney fees that the Plaintiff is entitled to recover in this action, plus interest; and if such sums are not paid within the time set by the Court, that the property set out in this complaint be sold to satisfy the Plaintiff's claim and that if the proceeds of such sale are insufficient to pay Plaintiff's claim, that a deficiency judgment be entered for the sums remaining unpaid against the Defendant(s) herein. Plaintiff further requests that the Plaintiff be awarded such further relief as may be just and equitable. SUBMITTED this 4 day of March, 2019. /s/ John R. Cook JOHN OOK Attorney for Plaintiffs 55 SE 3d Ave. --- Okeechobee, Florida 34-97-2 ---- (8 63) 634-1648 Florida Bar 262951 jrcookl648@yahoo.com IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2019-CA- CITY OF OKEECHOBEE, FLORIDA Plaintiff Vs. LORENE P. MOTT, if alive, her heirs, Assigns, personal representatives, Creditors, and all persons claiming By, through or under her interest AND UNKNOWN tenants residing therein. Def endan NOTICE OF LIS PENDENS COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA to the subject real property, by and through undersigned counsel, and pursuant to F.S. ch. 48.23, gives notice of an action affecting title to real property against the Defendant(s), follows: THE plaintiff has filed an action on March 4, 2019 with the clerk of court, Okeechobee county, Florida, to foreclose a code violation lien on real property pursuant to F.S. ch. 162 located within Okeechobee County, Florida, described as follows: 1006 S.W. 5th Avenue Okeechobee county, Florida Parcel id # 3-21-37-35-0040-0010Y-0020 SOUTH OKEECHOBEE Lots 2,3,&4, Lot 7, LESS that part Lying West of a line; as described in OR Book 257, Page 1677, public records Okeechobee county, F1. THAT the action is founded on a recorded instrument, being a code board violation/lien pursuant to FS ch. 162, found at OR Book 804 Page 1185 et.seq. Public records, Okeechobee county, Florida PLEASE GOVERN YOURSELF ACCORDINGLY DATED this 4 day of March, 2019. i /s/ John R. Cook CJ ` lel JOHN R. COOK City Attorney 55 S.E. 3d Av. Okeechobee, FL. 34973 (8 63) 634 - 164 8 Jrcookl648@yahoo.com FBN 261951 U-iAtGt;.li First-0lass Mall Postage &.Fees -Paid ` USPS �;. Permit No& 61.10 P. United States • settdbir:;.Please pnrtt your name,.address and Z1P?�4�lri=fkil5 bbx' Postal` Service CITY OF OKEECHO.BEE CODE DEPT., 65 UO A-VIE— F `E C E: ! V E D NOV 2 1 EE, FL 3:49:74 �;i!'ili�li:l!!fjl�(irltl��j��J'11 l.it �1��Ilr illtt i.tttt Q_ i ■ Complete items 1, 2, and 3. the A:Sina°r 0Agent i ■ PPint your:riame and address on reverse i k' ❑ Atldessee so that we can.rettirn the card to you.. �� III! Attach this card to the back of the-mailpike, B. eceived by (PrinfedWame) �Id` C Date•o:£Delivery'; or on the front if space permits: <f✓4 �� 1, Article Addressed to: D: Is delivery address different froin'i4em 1? `EI' Yes: -- ---- ---� —` If YES: enter delivery address below. .p No LORENE MOTT 2082 CYPRESS CREEK ROAD COTTONDALE, FL 32431 3. Semice Type Oft dntmdlI Express®. IIIII ill 11 IIIIIII IIILIII ❑ AdultSigrlature O Registered MailT III �I�I�I ILII ILII IIIII O Adult Signature Restridted De1Nery .019 Rggistered Mall Restdctei!' 9590 9402 2505 6306 7289 54 certi6ed Mail® Delivery o Certieed Miil'ResteletW'Deilvery o Rbii0iAeceiptfor O Collect on Delivery .. MercWdlse- D Conect:on:oeliv Restricted Ueuveiy' .01%n tune ConJ(mfattoonTM 2 }�rtj�jgj jDyjjgr ffr�risfe� frbin'dervir?Q (gii ' I 7 016 271-0 0000 1724 ; 9113 ptedlD6liv�r��`4<d Delivepr- 'r {� i ! •0001 F' .�J3: ..... �/�•� �.{l. e`�.�-� 5�\ 03 a`38i&i t y 2015'IPSIJ>7530 02 0,00 90,53 Dohtestl RetUReceipt . {.... _ ...____ Q_ F� CIT1f OF OKEECHOBEE 03-9444 66315 GENtRAL FUND-S.UNTRUST BANK U �` 55 S.E., 3RD AVENUE OKEECHOBEE, FL -34974 OKEECHOBEE OFFICE 815 S. PARROT.TAV.ENUE,. OKEECHOBEE, FL 34974 F�opioP_ .. 39444 -- -- - - - PAY- -- -- - DOLLARS AND CENTS -- -- DATE - - - - AMOUNT - *'*Four Hundred andXX IDO:Dollars _ 2128/19 $400.00 -CITY OF OKEECHOBEE TO THE ORDER � -- - - OF _ 01,erk:df the Coui# 342NW 3rd street; Ste 165. .. ©keechobe'e,TL 34972 =Ii` -03'-9 -4-411, 18063 L0 2:L5:21 LO.893 000:9-30 23711' i Code Violation /Notice to Appear lReport Date of Infraction: 1 V Case # !3 Property Owner: Lo &L -'A // !O I / Contact Person: Phone # Date Contacted: I How Contacted: �� IInn Location of Violation: 10 0 S Mailin Address: Z 0 6;1. �`� �0,2L�5 �/�`�"-7L /�cl -Lid ,Tadu 0,4 "F t_L 32 47`3/ - 74 g Lot(s): ) t q , Block:7 Parcel # 3 - Z� _ 3-7 - 35 - ao4{ o - oa 10 Violation: 91 K (Disabled Vehicle #2 #4 Public Nuisance 95 Notes About Violation: Section: -��-Tw --GoZG k---U-ntended Vegetation #3 neral Cleaning Building Department #6 Public Works Notice of Violation Mailed: ! Received Hand Delivered Notice to Appear Mailed: / v% Received r'/ , % / / ]Hand Delivered Inspected finding Notes: Posted Posted I I Date in Compliance: Pro-Active--Reactive—VII" ro-Active_ReactiveV -k, Okeechobee County Property Appraiser - Map Printed on 8/17/2017 8:49:43 AM Page 1 of 1 This information, updated: 8/15/2017, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comIGISvllPrint Map.asp?pjbojdcfejajpldonlchggpkoempnjcdj... 8/17/2017 Q .- . ~�6 cyom City of Okeechobee Code enforcement �1915� CODE ENFORCEMENT BOARD CASE # 17-00028 NOTICE OF VIOLATION 10/06/2017 LORENE MOTT 2082 CYPRESS CREEK ROAD COTTONDALE, FL 32431 RE: LOTS: 2, 3 & 4 BLK: 7 PARCEL: 321373500400010YO020 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 1006 SW 5TH AVENUE, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-41 Disabled Vehicles & Sec 30-43 Public nuisances CORRECTIVE ACTION REQUIRED: PLEASE REMOVE DISABLED VEHICLE, MOW AND CLEAN PROPERTY AND REMOVE YARD DEBRIS 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 twenty-five dollar administrative fee may be charged if the violation 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 Boyd even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact me at 863-467-1586. 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 ■ 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. Article Addressed to: LORENE MOTT 2082 CYPRESS CREEK ROAD COTTONDALE, FL 32431 ❑ Agent �� — _❑ Addressee Received by (Printed Name) C. Date of Delivery ti t AL +h.-/ D. Is delivery address different from item 17 C; Yes If YES, enter delivery address below: [ Jo 3. Service Type ❑ Pr Mail express I I III I III II I II I III I I IIII III III El Adult Signature ❑ Registered MaiIT"' ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail® Delivery 9590 9402 2505 6306 7290 67 ❑ Certified Mail Restricted Delivery ❑ Retun, Receipt for ❑ Collect on Delivery Merchandise n A. ;-I- ni.... k— M --f— fes.,.., ear di ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmation— ❑ Signature Confirmation 7016 2710 0000 1724 ail 9007 ail Restricted Delivery Restricted Delivery _—__ T—T�—) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Fi,st-Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 2505 6306 7290 67 United States Postal Service I • Sender: Please print your name, address, and ZIP+411 in this box• CITY OF OKEECHOBEE CODE DEPT. 55 S.E. 3rd AVE. OKEECHOBEE, FL 34974 T�x: Qa g f NO IC You are violating Local odes l Ordinances in particular: 30- �Y-/ �,��.� L�Ce�79JlJiA�t �,c-,�� rrFx=ft iT•�t/ � 5 Days from date posted is required to correct the Violations). Should you fail to comply, you may be subject to an appearance before the Code Enforcement Board 1 Special Magistrate and possible fines. Dated this day of the in.onth ofOtm6+Rt _ .. the year of20_/J Signed. jE�. c1�c%C litle:.r �,v t�acr�rt✓� City of Okeechobee 55 SE 3rd Avenue - Okeechobee, FL 34974 863-467-1586 CODE ENFORCEMENT BOARD OF CASE NO. 17-00028 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- LORENE MOTT Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 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 Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-41 Disabled Vehicles & Sec 30-43 Public nuisances 2. Location of Violation: 1006 SW 5TH AVENUE, OKEECHOBEE, FL 3. Legal decription: Parcel # 32137350040001 OY0020 4. Respondent(s) name & address: LORENE MOTT; 2082 CYPRESS CREEK ROAD COTTONDALE, FL 32431 5. Description of violation: PLEASE REMOVE DISABLED VEHICLE, MOW AND CLEAN PROPERTY AND REMOVE YARD DEBRIS 6. Date by which violation is to be corrected: 12/01/2017 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 December, 2017, at 6:30 p.m. If you have corrected the violations) 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 $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD 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 162.06 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,� ar�rebuttable presumption of fraud. Sale of the property will not c u e this to be dismissed. DATED THIS f dayof Nd Ad41,Le 2017 CODE ENFORCEMENT BOARD Fed St ing 55 SE 3rd Avenue ode Enforcement O Okeechobee, Florida 34974 (863) 467-1586 m a CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 17-028 CITY OF OKEECHOBEE Petitioner Vs. Lorene Mott Respondent STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, appeared FRED STERLING, who is personally known to me, and being first duly sworn, states the following: THAT I am the authorized code enforcement officer for the City of Okeechobee to investigate and process code enforcement violations. 2. THAT I observed a code violation at the following address: 1006 SW 5th Avenue, Okeechobee, FL 34974 and provided the respondent a notice of violation by certified mail on October 9 , 2017. 3. THAT the procedures for notice to the alleged violator in Ch 162.12 have been followed, and after no receipt of the certified mail card 30 days from mailing, the notice of violation was posted at the address with the county property appraiser, and posted on the public information board located at City Hall, 55 SE 3' Ave., Okeechobee, FL. 4. THAT the attached photograph is a true copy of the notice posted at the property address which indicates the date and place of it's posting. A FURTHER AFFIANT SAYETH NOT. FRED STERL G SWORN TO AND SUBSCRIBED this U day of.2018 Vaiu-u-1 \:)uk NOTARY PUBLIC MY COMMISSION EXPIRES: ?�e�,n NANCY SUE CHRISTOPHER 2o�rRY MY COMMISSION # FF 967472 ** N9�. EXPIRES: April 13, 2020 ", F1.6 Bonded Tlyu Budget Notary Services {y1TY cJi' MEt CI% PETl"I IU, +'hR�, RESPONDE. �'.Lorcr�c�:xti `1c _'S CA.VSY3 c,: w beklmr e eann�, Cu T1,1c e';LFcr i? it It rL{I len". an tic 311egad yr Dann by u,tra' A, FIAT AVCS OF FACT: CT: Lots: 2, 3 L d Blk. SeQY on S0 P nw;3-21 . ,5- 0001(Y-0020 z Fropeitr toe.au ,n: '.t}_i5 S W 5' Avenue, O}; rto, r-^,`.na..ricr. I.orerc Mott N pcm^.ha, been fowd "o h, ivc o i , ow:t I3 CONCL X10 � VC LA`7` Ztc o,rc. c f d,_ prop,ot descrih i nbovO' : ublii nx:isnQccr cit, of Okeecho6=^e coot Fnfor , hrtivr viol;,ted the Crede of Ord ln: iot , Ch 31-9. S.._iCy c9ra. .t ccnct.. in g Ycur property t¢d ifyou doziot,0=c*,rho Iola ;a �..r{ein_e m_Uv4,tartJx(}cr cc's thec,Jo LnfercrinmI friiirr, oitht curecaola, L11 liaard :.omrncocxng diet dste and �ux.L,�ai.t• �5uxly uttiii t1u viol¢uoa tn=aCrccLcd ' by }ou a:d venters tic cone :pwa; u.,_c.lz e,tz izrSt ocuxrc. Further„ if }v da rs)frcorivmp� n^i'rtat�4u by;sai,l dntm, a;�ps o1 chis oxdrr as a cl:uue n,. .ien, shall bemcorded ten xr of cc Ole Clerk of cirvtt . Clout, okcC6, ec r'cemlw,% k l yrid2. ar.d once car r..-z3 ;t d p .r<ouui propa.y �u.,;.aru to F,�-ic,., Stan_ i62. You l.<-.Y a right =.c w,n "J."".i..:.ppc..l tYu, tir,din� ..Pd brdt: by U'rxt ofC... u,,ra.5i to Ste cire.ot r_..;uUn, 011ecchobve co, n•.y, Flondc It you corrrc2 the viol't;on prior to the bo— dale"o, is yu ua ohhFgxtioa to :. dig Cc« boFnrcemcnc ot2ic r .o ... rN such compr-ance oft m ), pp CIA"' ell Vf :*.5 TA ALF low&, QW"P, J. MOW UIZ f-W Ff Air' MM or 3, WE k >i y, i Oobi 47 1.5 t �* %4t yy '-• R. ti ti ,,i,�'�3� Al 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. Article Addressed to: LORENE MOTT 2082 CYPRESS CREEK ROAD COTTONDALE, FL 32431 A. Signature f ' ❑ Agent =—YA e �/ ❑Addressee B. Received by (Prin Name) C. Date of Delivery j2 - 23 D. Is delivery address different from item 1 ? ❑ yes If YES, enter delivery address below: ❑ No Service Type El Priority Mail Express® VIII I'I III I I� I III I I' II I I I I I I El ❑ Adult Signature ❑Registered MaiIT'^ ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail@ Delivery 9590 9402 2505 6306 7288 24 Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery "ail 0 Signature Confirmation— ❑ Signature Confirmation 7 016 2 710 0 0 0 0 17 2 4 9 2 3 6 ail Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USF4:?:�SIHt°z> First -Class Mail Postage & Fees Paid USP Permit No. G-10 9590 9402 2505 6306 7288 24 United States• Sender: Please print your name, address, and ZIP+4° in this box* Postal Service CITY OF OKEECHOBEE CODE DEPT. 55 S.E. 3rd AVE. WFFCH0BEE. FL 34974 RFcEfvFf) W � , A2017 ,1111„li ffl, i�iI 1, l,i jri„11,1,!'d„11f1,l,I OCTOBER 15, 2019 - REGULAR MEETING - PAGE 5 of 12 AGENDA I COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED B.2.b) Public comments and discussion on proposed Ordinance No. 1196 continued. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor VII. UNFINISHED BUSINESS A. Update on the Mott property foreclosure proceedings and probate process. The Amendment was found to be consistent with the Comprehensive Plan, has adequate public facilities available for the proposed use, and there does not appear to be any environmental impacts. The current surrounding FLU designations are MFR to the North and East with SFR to the South and West. The surrounding Zoning is Holding to the North (with a pending Petition to rezone), to the East is RMF, Holding and RSF-1 to the South, and RSF-1 to the West. The existing surrounding uses are vacant pasture land to the North and East, and residences and churches are to the South and West. There are also residential homes to the East and South. There is a coordinating Rezoning Petition No. 19-005-R, that encompasses the subject property together with the contiguous 9.89+1 -acres to the North, and will be considered as New Business item "B" on tonight's agenda. Should the Council approve this FLU change to MFR, then the most appropriate zoning would need to be considered. The Applicant is proposing an apartment complex. Mayor Watford asked whether there were any questions or comments from the public; there were none. Mr. Dobbs addressed the Council confirming their questions concerning drainage will be adequately addressed during the site plan review process before the Technical Review Committee (TRC). VOTE: WATFORD-YEA ABNEY-ABSTAINED♦ CLARK -YEA JARRIEL-YEA KEEFE-YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:39 P.M. Attorney Cook provided a memorandum to the Council dated October 9, 2019. Although not denoted as an exhibit for the published agenda materials, the document has been made a part of the official minute packet. The memorandum provided information on the Lorene Mott Code Enforcement Case No. 17-028, which was approved for foreclosure proceedings by the Council on September 4, 2018, and has been submitted to the courts. The court order was obtained to permit the required four-week advertisement publication beginning October 11, 2019. The next step will be to enter a foreclosure default to allow for a Final Hearing to be set. At that Hearing a sale date will be set, which usually takes at least 60 days. The City was recently informed that Ms. Mott passed away in Jackson County, Florida. Attorney Cook will be requesting a copy of the death certificate to file for the summary probate. Attorney Cook was contacted by a local businessman who expressed interest in purchasing the property. The matter should be resolved by probate or foreclosure by the end of December. No official action was required on this item. \�y OF ' 0�� M LL '915 City of Okeechobee October 9, 2019 MEMO City Council Re: Mott property Since this is on the next agenda, the status of the Mott foreclosure is as follows: I prepared the newspaper ad for publication on Wednesday, September 25th. The legal procedure is then to file an affidavit with the court, with a court order permitting the publication, which I submitted that week. I did not hear back until Tuesday, October 2"d, and was advised the Judge wanted some additional information in the affidavit, which I filed with the court that same week. I was noticed by email on October 8th that the Judge signed the order for publication. The ad will be taken to the Okeechobee News today, October 9th, and should be published this Friday, and will run for four weeks. Once the ad has run, a default can be entered, and final hearing set for foreclosure. That date depends on the court schedule, but will likely be around the end of October. At the hearing, the court will set a sale date for the property, and she usually sets it out 60 days, which will get us close to the end of December. In the meantime, it appears Ms. Mott died in Jackson county Florida, so we are sending off for a copy of her death certificate, which I would need to file for summary probate. Assuming that is forthcoming, the timetable for final order of summary administration would be around the first part of December. I also received a call from a local businessman who indicated he wished to purchase the property as well. YJo City Attorney 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 585 SEPTEMBER 24 2019 - REGUL AR MPrMlf- Q FIKIAI RI In/_CT pnQl Ir WrADWl- - 13 Apr R nr 1n AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED B. Motion to adopt proposed Resolution No. 2019-11, supporting the 2020 VOTE: Census continued. WATFORD— YEA ABNEY—YEA CLARK—YEA JARRIEL—YEA KEEFE—YEA MOTION CARRIED. C. Motion to adopt proposed Resolution No. 2019-12 regarding Council Member Keefe moved to adopt proposed Resolution No. 2019-12 regarding Americans with Disabilities Act Americans with Disabilities Act requirements for municipal websites (Exhibit 6). requirements for municipal websites; seconded by Council Member Abney. Attorney Cook read proposed Resolution No. 2019-12 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; URGING THE U.S. DEPARTMENT OF JUSTICE TO CLARIFY THE REQUIREMENTS FOR MUNICIPAL WEBSITES TO BE IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford opened the floor for public comments and questions; there were none. There was no discussion on this item. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL—YEA KEEFE—YEA MOTION CARRIED. D. Clarification of legal summary for the Mott property and the Primitive Baptist Church property. Council Member Keefe expressed his discontentment with the lack of communication regarding the status of the foreclosure proceedings on the property owned by Lorene Mott, located at 1006 Southwest 5th Avenue [Code Enforcement Case No. 17-028, Parcel ID: 3-21-37-35-0040-0010Y-0020]. A memorandum was issued on September 12, 2019, by Attorney Cook explaining Mr. Noel Chandler expressed interest in obtaining the property in December of 2018. After no further contact by Mr. Chandler Attorney Cook filed the foreclosure in March of 2019. Mr. Chandler, again, reached out to Attorney Cook in August of 2019 stating he had reached an agreement with the deceased property owner's son to purchase the property and demolish the structure on it, but to do that a probate action would have to be filed. Attorney Cook was retained by Mr. Chandler as his private Attorney. There is no conflict of interest and Attorney Cook recommended this method as a cost savings to the City. Council Members Clark and Keefe expressed their objections to how the methods of handling this property by the City has appeared to the public. After further discussion on methods of obtaining compliance on the property, a motion was made bV Council Member Jarriel to give Mr. Noel Chandler until October 31 2019 to complete the probate If the probate fails to be completed by that date, then the City will proceed with foreclosure proceedings; seconded by Council Member Clark. Council Member Keefe expressed his disagreement with the motion stating he would like to see the foreclosure and probate process run concurrently to prevent the further delays. VOTE: WATFORD — YEA ABNEY— NO CLARK— NO JARRIEL—YEA KEEFE— NO MOTION FAILED. VII. NEW BUSINESS CONTINUED D. Clarification of legal summary for the Mott property and the Primitive Baptist Church property continued. E. Agreement for attorney services (Exhibit 7). SEPTEMBER 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 9 OF 10 COUNCIL ACTION - DISCUSSION - VOTE Council Member Abney then made a motion to continue with the foreclosure process by running the required advertisements and to provide a deadline of October 31 2019 for Mr. Chandler to complete the probate process. If the probate process is completed by the deadline, the City will withdraw the foreclosure; seconded by Council Member Jarriel. The Council directed an update be provided at the October 15, 2019 meeting on the status of the probate process and foreclosure proceedings. VOTE: WATFORD - YEA ABNEY - YEA CLARK -YEA JARRIEL-YEA KEEFE-YEA MOTION CARRIED. The discussion then turned to the Primitive Baptist Church property located at 1003 Southwest 3rd Avenue, legal description: Lots 9 to 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1, Page 12, Okeechobee County public records. The City purchased the 2018 tax certificate on June 3, 2019 in the amount of $2,246.43. The 2016 and 2017 Certificates are still owned by Capital One Bank as Assignee for TLGF. To date, no response has been received regarding the offer of $15,000.00 to purchase these Certificates. Mr, Noel Chandler has agreed to be the appointed Trustee to the Estate of Peter and Louisiana Raulerson, as he is a descendant, but does not have the funding to go through the process of appointment. It was suggested that funding assistance could possibly be obtained from the Historical Society. Discussion continued. The Council directed Finance Director Riedel to obtain information on foreclosing on the Tax Certificate, and for Administrator MontesDeOca to contact the City of Pahokee regarding the process used on the property they obtained and sold through Tax Certificate foreclosure, Mayor Watford explained the Contract with Attorney Cook expires on September 30, 2019, and he will not be submitting for renewal, causing a Request For Qualifications (RFQ) and/or Request for Proposal (RFP) to be created and let. With the expiration of the Contract, a decision will need to be made to continue services on a monthly basis or extend the current Contract for a specified amount of time. Administrator MontesDeOca explained he is recommending the Council extend Mr. Cook's Contract to December 31, 2019. Attorney Cook requested he be paid at the current budgeted rate effective October 1,2019, which is $185.00 per hour. Council Member Keefe stated the unnecessary delay of generating a job description for Attorney services has put needless expedience in hiring a new Attorney. He would support extending the current Contract at the existing rate of pay as this is not a re -negotiation. A motion was made by Council Member Jarriel to extend Mr. Cook's current October 1, 2005 fLegal Services] Contract to December 31, 2019, at the current rate $2,616.84 per month for basic services with additional services of $100.00 per hour for litigation work, and $150.00 per half-day work at the City' seconded by Council Member Clark. September 12, 2019 MEMO Re: project status Marcos: Regarding your email yesterday, I would like to start with an explanation of F.S. 162.09 concerning foreclosure of code board liens. The statute specifically permits the code board to "authorize" the attorney to commence foreclosure, or file a lawsuit for money damages, once a lien reaches 90 days. We have always let the city council make that decision however. As the definition of to authorize is "...to endorse, empower or permit.." (Websters), when the city council "authorizes" commencement of a foreclosure, that is not a directive or order from the council, as some seem to believe. It means permission to act. A city attorney or any attorney for that matter, is governed by the Florida Bar. The ethics of pursuing legal action directs that an attorney evaluate a claim to determine the most viable method to accomplish results in his or her professional judgment, and it is within the discretion of an attorney to make that decision. Further, if legal action other than filing a foreclosure obtains the desired results, even though the filing of a suit is authorized by the council, that is also within an attorneys discretion. The foundation of legal representation is the trust the client has in the attorney's representation. In reference to your email: 1. Mott foreclosure on SW 5th Av.: The suit is filed, and the next step would be to generate a legal ad for the newspaper, which incurs another expense over and above the $900 for filing fees. You will note that I quit billing the city for attorney fees for these suits long ago. As I mentioned previously, Noel Chandler expressed an interest in obtaining the property last December. He contacted me in August indicating he had reached an agreement with the occupant to purchase the property and demolish it. To do that, a probate action would have to be filed, and I agreed to do that for him as a private attorney. There is no conflict of interest in doing so, as we both desire the same result, i.e. compliance. I have repeatedly advised that a foreclosure does nothing to remedy the code violation, it permits the property to be publicly sold, another process that adds 30-60 days before compliance can occur. If I proceed on the probate of Mrs. Motts estate, we can obtain compliance earlier, and without any cost to the city for the demolition. I believe this could be concluded by the end of October. 2. Primitive Baptist Church: I think all are aware of the tax certificate issues on this property, and the fact the Raulerson trust has no named trustee at this point. We would have a chance to obtain the property (not a guarantee) if we do the following: a. File suit under ch. 734, the trust statute, to have a successor trustee appointed, and Noel Chandler, heir of both Peter and Louisiana, agreed to accept this position. As trustee, he could then redeem the two tax certificates from the tax collector, if the California company has not taken action to obtain legal title to the property. b. If that is successful, the City would have to file a quiet title lawsuit, in which a diligent search has to be made to locate all the heirs (a huge task) and run a legal ad notifying all potential heirs of our intent to obtain legal title to the property. The process could take several months, and a decision has to be made as to the costs of the litigations and cost to pay the back taxes. 3. School Resource Officer program: I met with Chief Peterson shortly after we approved the first SRO agreement, and it was his belief that the agreement was too complicated, and that current mutual aid understandings would suffice. I submitted a memo to the City in January 2019 that concluded while a mutual aid agreement may work, since the applicable statute requires local school boards to enter into an agreement, with law enforcement that our SRO should be agreed by both the board and the sheriffs office. Although the program is proceeding and working well, I still believe we should not depend on the existing mutual aid agreement. Since then I have not received any direction or request to prepare another agreement. 4. CVS code lien: At the time the city authorized a civil suit to collect the money owed on the lien, you will recall I thought the suit should be filed as the best way to get their attention and address the code violation. Well, shortly thereafter CVS came in and re -did their landscaping somewhat, mulched and cleaned up the property. Fred said that brought them into compliance, which was the ultimate goal. We sent them a notice in July that the property was in compliance, but to contact us regarding the outstanding lien $, which does not go away just by coming into compliance, as well as a way to request fine reduction, but they apparently have not replied according to Fred. Therefore it appears again the only way to get their attention is to proceed on the suit. 5. Janice Greenberger: I have received and reviewed the correspondence Janice has sent, and regarding the first letter back in May, I was not aware there was any conflict with the City. I have no knowledge of the SW Park street matter, but am familiar with the 300 N. Parrott property. The documentation goes back to at least 2003, and Janice has always been aware the building does not meet setback requirements, and that it cannot comply with parking regulations since I'm told it is on septic, and that cannot be paved over for parking. Once I looked into it in May, we located a building permit with certification by an engineer back in 2003 whereby they addressed the foundation issues and apparently fixed that. If anyone at the City has informed prospective purchasers that the building cannot meet code I am not aware of that, but the other issues set forth above, must be addressed. I believe Marcos informed her we could get around the setback issue, and possibly use some on street sites for a space or two. Ultimately, I believe that in order to pave the East end of the property for parking, they would need to get off septic, and hook up with OUA, IF that is possible, as I have not inquired of OUA. JCook City Attorney * 446 MARCH 5, 2019 - REGULAR MEETING - PAGE 8 OF 11 I AGENDA I COUNCIL ACTION - DISCUSSION - VOTE I IX. NEW BUSINESS CONTINUED F. Consider a motion to appoint alternates to the Planning Board/Board of Adjustment/Dedgn Review Board. continued. G. Update regarding Code Enforcement foreclosures - City Attorney. In alphabetical order the following applicants addressed the Council: Mr. Chadier moved to Okeechobee in 1977 and is a 1983 Okeechobee High School graduate. After completing his tenure at the University of Central Florida in 1990, Mr. Chartier moved back to Okeechobee and opened ICS Computers. Although he lives in the County, his business has been in the City since inception. He has also been involved in multiple civic organizations and is willing to become a regular member when the opportunity arises. Mr. Granados was born in Okeechobee but recently moved back from Orlando to raise his family. He has been in the Engineering business for approximately 13 years, and wants to contribute to the expansion of this community. He also is willing to become a regular member. Mr. O'Connor moved to Okeechobee in 1964. He is a City resident, business owner and former Council Member. He has served on the City Planning Board and Code Enforcement Board and feels his past experience on these Boards adequately qualifies him for this appointment. He feels he has a progressive attitude and also agrees to becoming a regular member. The rankings were tabulated with the assistance of Clerk Gamiotea. Mr. Chartier received four number one rankings and zero number two rankings; Mr. Granados did not receive any number one rankings but received five number two rankings; Ms. Vu did not receive any rankings; and Mr. O'Connor received one number one ranking and zero number two rankings. The'papers were collected by the Clerk and will become part of the official minutes record. Council Member Keefe moved to appoint Mr. Rick Chartier, term being March 6, 2019, through April 30, 2021, and Mr. Felix Granados, term being March 6, 2019, through April 30, 2020 as an Alternate Members to the Planning Board/Board of Adjustment/Design Review Board; seconded by Council Member Jarriel. VOTE: WATFORD - YEA ABNEY - YEA CLARK -YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Attorney Cook provided a memorandum to the Mayor and Council dated February 20, 2019, explaining to them the methods the City has used for many years regarding foreclosures enacted on Code Enforcement Cases. The memorandum explained once the special magistrate finds a property in violation, a daily fine is recorded as a lien in the public records. Once the lien has accrued for at least 90 days without any cooperation to bring it into compliance, the Case is then reevaluation and either the fine continues to accrue; or one option is to file foreclosure on the property. This is done by the special magistrate recommending the City Council approve the foreclosure (previously the Code Board made the recommendation). The recommendation is then considered by the City Council for approval or denial. The unwritten policy That staff has followed for nearly 30 years as directed by Mayor Kirk is that the City should not be in the business of foreclosing on real property, and this option should be pursued as a last resort. Should the Council approve the foreclosure, it is not filed immediately. The majority of the times, the owners have brought the property into compliance without the foreclosure being filed. Filing a foreclosure does not bring the property into compliance, which is the ultimate goal. MARCH 5, 2019 - REGULAR MEETING - PAGE 9 OF 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX, NEW BUSINESS CONTINUED G. Update regarding code enforcement foreclosures continued. Should a foreclosure be filed its purpose is to recover the amount of the lien plus interest, the filing costs (approximately $2,(100.00) is not recovered by the City. The procedures through the court system r. --,n be lengthy. Another option the City can take it to instruct Public Works to enter the property, clean it, and then file a lien covering the costs to clean the property. Code enforcement issues can be frustrating, and unfortunately take time, when the owner does not cooperate. The policy staff has followed can be changed. If it is the intent of the Council to bear the expense and file a foreclosure action the day after City Council approval, it is the Council's prerogative to enact this and perfectly legal. The memorandum concluded that this matter could be placed on an agenda and a written policy for code violation enforcement be considered. Since the memorandum was prompted from a recent conversation between Council Member Abney and Attorney Cook, he (Abney) requested that this be on the agenda, along with Code Violation Cases that were approved by the City Council for foreclosure, and the action taken to date of them. At the request of Attorney Cook, research materials were distributed by the Clerk's Office to the Mayor and Council via email on March 4, 2019. The research provided a summarized list of properties that the Code Enforcement Board had recommended foreclosure, the Council action on the recommendation, date foreclosure filed, and date brought into compliance (if applicable). Copies of City Council and Code Enforcement minute pages accompanied the list. Out of the twelve cases on the list, two have not come into compliance and foreclosure filed; eight were brought into compliance with no foreclosure being filed. One was brought into compliance after the foreclosure was filed, and one Case has not been presented to the City Council to date. Below is the list provided: CASES AODRE53 LEGAL CEO RECOMMENDS FORECLOSURE BROUGHT INTO COMPLIANCE? DATE IF YES CITY COUNCIL APPROVED FOR FORECLOSURE FORECLOSURE FILED BROUGHT IN COBPLIANCE YET? 17476 800 SW 2nd Ave Lo11,Bk3,So Okee 20181911 No P•edd b dab NIA NIA 17.028 1006 SW 50 Ave 20180814 Na 20180104 Yon, 20190304 No 15010 1002 SW 6h Ave Lots 2-3,B19 M,, PB 1IPG11 20160807 No 20160906 Yea. 2017-0915 No 14073 1102 NW 2M S1 Lar 1920. Bk 24 PBIIPG25 20160814 No 201607-19 N. 2017-07-19 ireredcadlna M bexcead 5/56, w., pd: SSpp Ye; 20167618. Pad S500on 271: 01-19 Yes, Ma9isPab app—ed rod W 206 SW 99. Ave oP1aGtl 0.951 >.res 2085Y28h Yea. 20180924I, 2 1,e b $1100 m 20ISOIA8; Pad en 201901.29. Dabdcar0ace: 1471 Case9 i2439i' e—PWaN Ave 201602-09 No 20160315 20180924 14-M WRF�ve See Cele R 11-113&1G097 W48 Riva Ron Phase 11 201507-14 No 20150741 No. 201542-28. oanapd and W10a53.000 Yes. 2015-12.15 ISM 919 NW ION St Let 11,E112of 12. Bk 42 PBI1PG10 2014-0610 No 201407115 No. VM" sold. 20141002 Yea' 2014'001. Ped $545.201! 0 21 11443 401 NE M Ave See Casa#III= &10097 Lol48 Rive Ren Ph -11 20I2.1D09 No 2012-17-13 Halbd'Bank beganfaalaw Yes, 201201-31. 20127-13; rec—dsd iega No 201409L0 sfdn b gen scss 11472 46 NW Sb St Lob 34.81, 105. PSUPGIO bPop" bcl.-V No 20140318 11-069510E Nash Pak 81 1.105— NIA No 19 Aelan Delryeiby Covsi Yes, 20180824 .OG Sea Casa'14060&11-113 Ld 48 Riva Run Ph -11 2012-1009 No 2012-11-13 HdIeSBai&brysb¢'osae Yes, 2012-01.31, ExduftCese 417-M hs i9de05 slifdude cases bol— a irdocarpface du CEO recommended baclmae&beloa Reentb CO t 447 AGENDA IX, NEW BUSINESS CONTINUED G. Update regarding Code Enforcement foreclosures continued. X. COUNCIL COMMENTS A. Mayor Watford. B. Council Member Abney. C. Council Member Clark. 0. Council Member Jarriel. MARCH 5, 2019 -REGULAR MEETING PAGE 10 OF 11 COUNCIL ACTION - DISCUSSION - VOTE Council Member Keefe voi ,,ed his concerns of staff operating under unwritten policies. Several Council Members voiced concerns over thi as well as the length of time to file the foreclosure or to bring the property into cr,mpl.iance. It was suggested that new policies and/or regulations regarding code violations, cases, and foreclosure processes be written and adopted. Attorney Cook added that he recently met with Code Officer Sterling to review some new procedures and methods to be implemented. Mayor Watford suggested, since Code Enforcement has just as of tonight officially been transferred to the Police Department, that the Council give Chief Peterson and his staff time to implement these changes, before making new ones. The Council also wanted time to review and process the research provided. The Council instructed the Administrator to have this item on the agenda for further discussion at the April 16, 2019, regular meeting. Chief Peterson added that he will be prepared to give a presentation on changesimethods being implemented and provide a complete step-by-step process on the code violation policies. Additionally, should Council want any further information on these Cases, they need to provide them to Clerk Gamiotea as she will be providing a revised list with details explained better. This list provided was rushed in order to furnish it to the Council as soon as possible; there is information that should be provided to give a complete picture for each Case. Mayor Watford offered no comments. Council Member Abney thanked the Clerk's office for their research efforts on the foreclosure cases. He also thanked Mr. Jeff Sumner for his attendance at tonight's meeting to provide insight on the Lake Okeechobee water levels. Council Member Clark commented about the increase in traffic and its impact on traffic flow at the intersection of North Park Street/State Road 70 and Parrott Avenue/U.S. Highway 441. Prior to the expansion of that intersection, her travel time to work took approximately seven minutes; it now takes a minimum of 17 minutes. She asked Public Works Director Allen to contact Florida Department of Transportation to see whether it would be possible to make adjustments to the traffic lights. Council Member Jarriel expressed his excitement for the upcoming Town Hall meeting (March 19, 20'19) at the Okeechobee Freshman Campus Auditorium. He has been walking door to door in neighborhoods and the downtown businesses handing out the Town Hiall flyer. He encouraged other Council to do the same in their neighborhoods. Council Member Abney asked whether the City was doing anything different to promoie the event, and how it was being advertised. Since all City advertising falls under the responsibility of the City Clerk, ivlrs. Gamiotea explained the flyer has been shared via email, with a request to "post it and forward it"' to all local government agencies, including their various departments and divisions, z Code Enforcement Foreclosure Recommendation List CEB BROUGHT INTO CITY COUNCIL FORECLOSURE BROUGHT IN CASE # ADDRESS LEGAL RECOMMENDS COMPLIANCE? APPROVED FOR FORECLOSURE FORECLOSURE FILED COMPLIANCE YET? DATE IF YES Has not been presented to N/A NIA 17-036 800 SW 2nd Ave Lot 1, Blk 3, So Okee 2018-09-11 No date 17-028 1006 SW 5th Ave 2018-08-14 No 2018-09-04 Yes, 2019-03-04 No Lots 2-3,BIg 247, 15-010 1002 SW 6th Ave PB1/PG11 2016-08-09 No 2016-09-06 Yes, 2017-09-15 No Lots 19-20, Blk 25, No, 2017-01-19 fine reduced Yes, 2016-10-18, Paid $500 on 14-073 1102 NW 2nd St PB1/PG25 2016-06-14 No 2016-07-19 fine not to exceed $1500, actual d: $500 2017-01-19 Yes, Magistrate approved 206 SW 9th Ave unplatted 0.951 acres Yes, 2018-09-24 reduction in fine to $1100 on 14-071 Case # 12-139 is the same property 206 SW 9th Ave 2016-02-09 No 2016-03-15 2019-01-08; paid on 2019-01- 29. Date of compliance: 2018-09-24 407 NE 9th Ave Lot 48 River Run No, 2015-12-28, owner pd 14-060 See Case # 11-113 & 10-097 Phase I I 2015-07-14 NO 2015-07-21 reduced fine $3,000 Yes; 2015-12-15 Lot 11, E 1 /2 of 12, Blk No, property sold on 2014-10 Yes, 2014-10-01, Paid $545 on 13-098 919 NW 10th St 42, PB1/PG10 2014-06-10 No 2014-07-15 02 2015-05-21 407 NE 9th Ave Lot 48 River Run Halted/Bankbegan 11-113 See Case# 14-060 & 10-097 Phase li 2012-10-09 No 2012-11-13 foreclosure Yes, 2012-01-31. 2012-02-13; recommended legal action to gain access to No 2014-09-03 Lots 3-4,Blk 105, property for 11-072 406 NW 5th St PB1/PG10 cleanup No 2014-03-18 2017-09-19 & 11-069 510 E North Park St unplatted 1.105 acres N/A No 2017-12-19 Action Delayed by Council Yes, 2018.09-24 407 NE 9th Ave Lot 48 River Run Halted/Bank began 10-097 See Case # 14-060 & 11-113 Phase II 2012-10-09 NO 2012-11-13 foreclosure Yes, 2012.01-31. Excluding Case #17-036, this list does not include cases that came into compliance after CEB recommended foreclosure & before it went to Council. CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-028 Name: Lorene Mott Property Location: 1006 SW 5" Avenue Code Board Action: Imposed a fine starting 1/19/18 @ $15.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning_. Accrual of Fine: Jan = j 3 � = all X31 Feb NOV =60 ! a� Mar =31/ . tr , Apr = Si a mAY 31 jne_ = 3l? TOTAL = Date of Compliance: Q Bobbie Jenkins M01 Li -en Fl�_ From: John Cook <jrcook1648@yahoo.com> Sent: Friday, February 15, 2019 3:20 PM To: Bobbie Jenkins Subject: Re: Status of foreclosure on 1006 SW 5th Ave Just texted Marco's. No progress on it, Noel knows the kid but never heard back, so will have to get on it. Sent from Yahoo Mail on Android On Fri, Feb 15, 2019 at 1:33 PM, Bobbie Jenkins <bjenkins(a)-citvofokeechobee.com> wrote: John - can you provide us with an update on the status of foreclosure on the property listed below: 1006 Southwest 5th Avenue [Case No. 17-028, Parcel ID: 3-21-37-35-0040-OO10Y-0020]. The Council voted to move forward with the Code Enforcement Boards recommendation of foreclosure on 9/4/18. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 [cid:ima eg 003.png@OID4C532.FFA81830] NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Lane Gamiotea Sent: Tuesday, February 19, 2019 9:50 AM To: Wesabneyl Cc: Bobbie Jenkins Subject: FW: 5th Ave Residence Foreclosure Good morning again, I asked John about this, when we sent the inquiry last week he double checked with Marcos on the status as they were in the process of working the issues out - apparently that didn't happen as planned; he's having Sue pull the file today to work on it, he said for you to either give him a call 634-1648 or you can get with him tonight and he'll give you more details. Let us know if you need any thing else. -----Original Message ----- From: Wesabneyl [mailto:wesabneyl@gmail.com] Sent: Tuesday, February 19, 2019 8:40 AM To: Bobbie Jenkins Subject: 5th Ave Residence Foreclosure Bobbie Good morning. Have you received any information on the above? Regards, Wes Abney Sent from my iPhone 1 NOTE TO FILE Mott Lien — Case No. 17-028 9/6/18 — Spoke to John Cook regarding incorrect legal description on Lien filed against Lorene Mott 9/6/18 — Lane informed Sue the legal description was incorrect; she used the legal brief description from the property appraiser's website instead of legal from warranty deed (see attached print outs). 9/7/18 — Received text message from John Cook stating to prepare minutes as item was presented; he may have to start a new case for the Board but would get back to us on that. (COPY OF TEXT MESSAGE ATTACHED) 910/18 — Spoke to John Cook; he noted the discrepancy between the warranty deed legal and the property appraiser website. Will let us know what he is going to do. Again, stated prepare minutes as item was presented. T_ 00 ' / !� 0 - R v 6 OKfif;• 5-7 5-7 107239 Pil 2: -,1 Now ra WM - - - - ,.5'�crefory- ,vd J. E./n9roholn 6117d 516'46-9/. 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WI G , / •_ I e m14 � / I u to _ / I W �aILI Ic / IL O 2 17 �/ I / I 1 \�fi,i.;''�a�ii.{ ill ,1'•;�� 6- AOM 911 till !11)") /srAOQ To D.CEE 5-6 KNOW ALL MEN THESE PRESENTS; hrr ECMOSEE C4Y W'Y 1-21�7 :OAfEE QB COMPANY,,' Z, 1 .Y *1 d�y "I", s11. o o: I —1 7,' —T 5 2 CIrT. 3 7 1.35', 'W.'8j I t?f.VkN.,NW1.l`NEY-,;5�A,., : AND PA 5 oF G Itp 0 TY FLORIDA. ---------- I --------------- Scale �- z L6 IZ21d 6 -ADM 9161 G ebb - ft— Ted. ft— � a� a Tel. n.o.l:u7dI`F fl �k eh d NH l �VL ff tl� Aetrn.: PW 50 5b e e �/ 3 okeect,o , horny Appel..- hrc.l Ilt.nneul.. — ooao 0-1.1111.•0'SHAROt•I �UL'Eli �fS�'. Oocu Cary r paid lnthe amoun of CLERK OF CIRCUIT CCU;; ; f _ ��' e kof CIFCuRC ft dote IIICCC--- SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOnRECORDINODATA CCCCI� tlTl i$ Mrx2T tlj PP¢b, Made the _ lSth day of March 19 96 by Steve R. Paffccr and Linda H. Parka hereinafter called the Grantor. to LOAD P. Mott whose post office address Is 1006S. W. 5th Ave., Okeechobee, FI. 34974 hereinafter called the Grantee. (WMnvO"used Mto1n the terms-Gmrnar and'Oronle.' 4xluds all the psnies to this Instrument and the hslre, legal mprosenfethes, and ant" of IMNlduela, end the eucaossan end m.ipn. of w1porallone, wherever IM oonf sd w eruma w reputre..) piinenueti{, That the Grantor, for and in consideration of the sum of $ $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Okeechobee County, State of Florida , viz: LOTS 2,3 AND 4 OF CLOCK 9", SOUTH OI(MODEE, ACOORD211) TO TILE FIAT TIREOF I SED DI PUT COOK S. PAGE 7, PUv"1IC RECORDS Of OKEEERODEE COIGITY, FIORDA, LESS AND EY(TFTTHEFOUD-.IRGDI3=EDPOPM OOFSAIDLOTS, «RTa TndnRlOrvincc t. o/012810957 to"DOA011A101 o16 375 r�� 1933 FILED FOR REC011!) 96 MIR 20 Fit t; -t;9 ALLTHAT PARTOF BLOCK Y, SOUTH OKWOME, ACCORDING TO THE PUT THEREOF REODROED M PUT GOOKS, PAGE F, OF THE PU11UC RECORDS OF CK110I00EE COUNTY, FLORIDA, AND ALL ALST PARTOF THE SOUTH ONE-HALF OF LOT 1, AHD TILE ALM IN BIOCK 24S, fRADDIT101I TO THE (ITT OF OKEE(HODFF, ACCORDING TO THE PUT THEREOF RECORDED IN PUT DOORS, PAGE d, OF THE PIB)UCUMRDS OF OKEEOtOOEE (OMM,, FLOIIDA, LYIUG YTSTOF TIIE fOtW=G D6[RIni.W UNE: COSLFHCE AT TILE SOITROM WANER OF IGT 4OF SAID BLOCK T, SOUTH OKEECHOBEE AD GEAR MT ALONG THE SOUTH UNE OF SAID LOT 4 A DISTANCE OF 139M FEET TO PIE POW OF MCITiD:G OF SAID UNE: TUBxEEFl3DDlrnEMYAa"DPARALIRTOTIIETr,MItGiROFVATUDEOFSOt1E FWnIAYENlk (MMOUSTREFn TOAPOnfEO3TItE1102PICO NDARTOFTIMSOUEHONIIWFOF SArD LOT E A„"D TAE EMOF SAB)LIU1. Cogetl(er, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To palbe anh to Polb, the same in fee simple forever. &Anb the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 �. (fin Pitneou Pilereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of.• —117ZL49 & 29r", "1 L wits... sit.. .t. at m n -i Gr.m.rl Otto— 11 1-1... 4" M t c st m R. Parket Pri.s.d N.m• Pd.sed n.m. FDL P 4} 74to SW S�Aye Q/�ee0ltvd�P W n 4iTannurt ( . saItltt- 0--) Post Offic. Add.... gt/97� .l U/Y1P C-�7�7Grr 7`S P.Int.d N.— wi/MmTe�.. slLe.tan l.. m co-G...ra...r ..rl Pti nt.d N.m. Prins.d N.m. s STATE OF Florida COUNTY OF Okeechobee � nn co.os.met sis..w... Or .art uada H. Parker Pd—d N.m• p_Lib s" J '5Z)/ s v✓ �4n DkeerGd GeP 1GL Pa- ornt. Add.— 3yC17t/ I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and lake acknowledgments, personally' appeared Pa rkev known to me to be the pcmp�described in and who executed the foregoing instrument, who acknowledged before me that -�InT executed the same, and an oath was not taken. (Check one:)❑ Said person(s) islare penonally known to me. aid person(s) provided the following type of identification: ,E /o if I (�-� DY tL ✓G /.� gNOTARY RUGGER STAMP 6EAL Wittiest my hand and official seal in the County and Stale last aforesaid _ th' C%�` day of ,M4- rg:� . A.D. 19_& �%ist, RONDAANDERSON CotnmUsbn CC37732eIfo t>�. az lar J.V4f�N/ '14 Exp4oa Jun. 01, 1000 rTOrL(XA /yT-(JcIt�56V�- 95 6andad by AND >• •°s• ��'dr rtop' 000002-6070 1J SearchResults Okeechobee County Property Appraiser updated: 8/16/2018 Parcel: 3-21-37-35-0040-0010Y-0020 « Next Lower Parcel Next Higher Parcel » Owner & Property Info 2018 Preliminary Certified Values Owner's Name MOTT LORENE P Site Address 1006 SW 5TH AVE, OKEECHOBEE Mailing Address 2082 CYPRESS CREEK RD COTTONDALE, FL 324317608 Description p SOUTH OKEECHOBEE LOTS 2 3 4 LESS THAT PART LYING W OF A LINE DESC IN OR 257 PG 1677 BLOCK 7 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.385 ACRES S/T/R 21-37-35 Neighborhood 113652.00 Tax District 50 DOR Use Code SINGLE FAM (000100) Market Area 123 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. :property & Assessment Values Mkt Land Value cnt: (1) $19,800.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $19,994.00 XFOB Value cnt: (1) $338.00 Total Appraised Value $38,550.00 $40,132.00 Parcel List Generator Retrieve Tax Record Property Card 2018 TRIM (pdf) Interactive GIS Map I I Print Search Result: 1 of 1 GIS Aerial Just Value $40,132.00 Class Value $0.00 Assessed Inst. Type Value $40,132.00 Exempt Value $0.00 Total Taxable 03 $3,850.00 Value $38,550.00 Sales History Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 3/19/1996 375/1933 WD I U 03 $3,850.00 2/1/1994 352/639 PR I U 03 $22,000.00 12/1/1979 0/ WD I U 03 $100.00 Building Characteristics Bldg Sketch Bldg Item I *Bldg Desc I Year Bit Base S.F. Total S.F. Bldg Value Show Sketch 1 1 SF SNGLFAM (000100) 1 1925 1088 1248 $19,994.00 *Bldg Desc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valorem tax purposes and should not be used for any other purpose. Extra Features & Out Buildings - ( Show Codes) Code Desc Year Bit Value Units Dims Condition (% Good) AFA N4 MTL FLR MT 1990 $338.00 0000090.000 10 x 9 x 0 PD (025.00) Land Breakdown Page 1 of 2 9/5/2018 Dro t r� r9 � dp enoc% i��g7tary�Stmnps paid In tha artwuat •t 6L3 352 N.CE 63 C:atlt of Clu'llIllCourl date Parcel m Number: 3-21-37-35-0040-00104-0020 Grantee $1 TIN: - Gmntmcc $2 TIN: Space Above This Line For Remnting Data Persona Representative's eed This Indenture, is made this is day of February , 19 94 , by and between CAROL ELINOR TRUTHAN as Personal Rcpmscntntive of the Btatc of BYRON C. STODDARD deceased, Grantor, and STEVE R. PARKER and LINDA H. PARKER, his wife, whose post office address is- 1006 S. W. 5TH AVENUE, OKEECHOBEE, Florida 34974 of the County of OKEECHOBEE Statcof Florida Grantee. Witnesseth: Grantor, pursuant to order Authorizing Sale dated February 1st, 1994 , and in consideration of the sum of One Dollar ($1.00) paid to Grantor by Grantee, receipt of which is acknowledged, grants, bargains and sells to Grantee, and Grantee's heirs and assigns forever, the real property in OKEECHOBEE County, Florida, described as: LOTS 2, 3 AND 4 OF BLOCK "Y", SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION OF SAID LOTS: ALL THAT PART OF BLOCK Y, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND ALL THAT PART OF THE SOUTH ONE—HALF OF LOT 1, AND THE ALLEY IN BLOCK 246, FIRST ADDITION TO THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTHEAST CORNER OF LOT 4 OF SAID BLOCK Y, SOUTH OKEECHOBEE AND BEAR WEST ALONG THE SOUTH LINE OF SAID LOT 4 A DISTANCE OF 139.00 FEET TO THE•POINT OF BEGINNING OF SAID LINE; (Continued on attached) Together with all and singular the tenements, hereditaments, and appurtenances belonging or in anywise appertaining to the mal property. To Have And To Hold the same to Grantee, and Grantee's heirs and assigns, in fee simple forever. And Grantor does covenant to and with the Grantee, and Grantee's heirs and assigns, that in all things preliminary to and in and about this conveyance, Order AuthorWng Sale dated February 1st, 1994 and the laws of the State of Florida have been followed and complied with in all respects. In Witness Whereof, the undersigned, as personal representative of the estate of said decedent, has executed this instrument under seal on the date aforesaid. CAROL ELINOR TRUTHAN By: (_ /Li C� ��i.C� �iit> (seal) CAROL ELINOR TRUTHAN PERSONAL REPRESENTATIVE P.O. Address , FORT LAUDERDALE FL 33304-3119 By: (Sew) P.O. Address FORT LAUDERDALE[ , FL 33304-3119 srATE oFFlorida coumv OF OKEECHOBEE The foregoing instrument was acknowledged before me this 1st day of Febrt1 �'pryby CAROL ELINOR TRUTHAN, PERSONAL REPRESENTATIVE on beha)-f)of+::4.ROL ELINOR TRUTHAN �'' d>•,"';+`i •, ,; 'kx„q '.' c'. 1. wM�:�.a as personal representative of the estate of BYRON C. STODDARD , d4 IiVA VMF,,,1g1PIfAL" known tome or has produced his Florida driver's licenseasidenti' 'on. ��" Ai:. LF.F.',C0L3 ly This Document Prepared By: SUstuuPSCOMB ed ame: (C�/:X/�� OIQ UTAN[7ETI1L1? CO. NOTARY PUBLIC BOX 1211 M CcmntissionExpires:' Olreecholxe, PI, 34973 o 813)813)i�rs "I onXILD s 6230 BQGK .352 PAGE 640 Personal Representative's Deed - Page 2 THENCE BEAR NORTHERLY AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF SOUTHWEST FIFTH AVENUE (OSCEOLA STREET) TO A POINT ON THE NORTH BOUNDARY OF THE SOUTH ONE HALF OF SAID LOT 1 AND THE END OF SAID LINE. Iq e N Cil co Q1 Du�V 5 1-,p 1-, 1970 !13) 7n3��aa. 1'o'm I.7PIiD�! Warranty deed (STATUTORY FORM—SECTION 694.01 F.S.) a his Atbruturr. Made this X10 day of October IM 257 ess:1677 This f sztrument wa} prepared by: j�t[x��. cas�si�r�, rx. Anww>'r 1 Pat Me. B.7%8 OKEEMOBEE, FLORIDA 33472 1983 , Wrtturrn REBA C. BURKLE, f/k/a REBA C. WALKER, and RICHARD H. BURKLE, her husband of the County of Okeechobee Stale of Florida grantor', and BYRON C. STODDARD whose post office address is Taylor Creek Lodge, Inc. , 441 S. , Okeechobee, FL 33472, of the County of Okeechobee . State of Florida grantee', *ttnPOLIF , That said grantor, for and in consideration of the sum of -------------- TEN ------------ ------------------------------------------------- ($10.00) --------- - -` fJoitan, and other good and valuable considerations to 'soid grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: ft7 Lots '2y._ 3 and 4, Block "Y". SOUTH OKEECHOBEE, according to plat thereof_..recorded in Plat Book 5, page 7, Public Records of -Okeechobee County,-.,-, Florida. LESS and EXCEPT the following described portion of said lots: All that part of Block Y, SOUTH OKEECHOBEE, ' according to the plat thereof recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida, and all that part of the South one-half of Lot 1, and the alley in Block 246, FIRST ADDITION TO CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 6 of the Public Records of Okeechobee County, Florida, lying West of the following described line: SUBJECT to reservations, restrictions, and easements of 'record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires. 3n H8iluras 1uhrrid, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, seal deli A to our prese / Ci to kFQs (Seal) • S as o t R�� C • 1��K�,F l.,v . "//�S 15col) ITNESS as to Both RICHARD H. BURKLE (Seal) (Seal) STATE OF FLORIDA COUNTY OF OKEECHOBEE 1 HEREBY CERTIFY that an this day.before me, an officer duly qualified, to take acknowledgments, personally appeared REBA C: BURKLE,.f/k/a REBA C. WALKER, and RICHARD H. BURKLE, her—husband to me known to be the persons described in and who executed the foregoing instrument and ocknowled6ed[;;6dforc'me that the yexecuted the some. WITNESS my hand and official seal in the County and State last oI 'd this a0// day of —`R My commission expirest 5�3 fir 957. FA11678 of Lot 4 of said B16ck Y, SOUTH at the Southeast Corner Commence the s -a South line of aid' Lot* 4, OKEECHOBEE, and bear West along OF BEGINNXNG - of - said .. Ithe distance of 139-00 feet to the POINT West right-of-way"liAIF to the thence bear Northerly and parallel (Osceola Street) to a -point on the'.Horth of Southwest Fifth Avenue -'end. of said Y. boundar of the South one-�-half of Said. Lot I and the line. OCUMENTARY TAMP 7A GEPT. OF. EV I L 911 tCT 3 :7, Sprint !� �� B ..SII 73% 11 2:46 PM John Cook 8636341648 Fr►dQ� �nn� '��n Are you coming back Rea hall today? 10:58 ANA ,;A to city y ' No, what's up 12:32 PM The issue on the lein. Read Mott property. Read Wrong legal 12:33 PM description I know. Have to pre- pare the minutes with what was presented, i may have to start a new case for the code board, let you know. 1:18 PM 0 k, TY. And where are you o 1:20PM e magistrat Td? Snd-it as is i can add \ :o it later if needed 1:44 PM 1 SEPTEMBER 4, 2018 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 3 OF 8 AGENDA , COUNCIL ACTION '> DISCUSSION -,VOTE VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Council Member Clark moved to dispense with the reading and approve the Summary of Council Action forthe August Action for the August 21, 2018 Regular Meeting and Budget Workshop. 21, 2018, Regular Meeting and Budget Workshop; seconded by Council Member Ritter. There was no discussion on this item. VII. NEW BUSINESS A. Motion to approve a payment in the amount of $10,000.00 deductible in the Florida Department of Environmental Protection (FDEP) Florida Petroleum Liability and Restoration Insurance Program (FPLRIP) for the purpose of assessment and remediation of an aged petroleum spill at the Public Works Facility - Public Works Director (Exhibit 1). B. Motion to approve a recommendation by the Code Enforcement Board to consider foreclosure proceedings on property located at 1006 Southwest 5"h Avenue - Chief Smith (Exhibit 2). VOTE: WATFORD — YEA ABNEY — YEA CHANDLER—YEA CLARK — YEA RITTER — YEA MOTION CARRIED. Council Member Chandler moved to approve a payment in the amount of $10,000.00 for the deductible in the Florida Department of Environmental Protection (FDEP) Florida Petroleum Liability and Restoration Insurance Program (FPLRIP) for the purpose of assessment and remediation of an aged petroleum spill at the Public Works Facility; seconded by Council Member Clark. The Public Works Facility has become eligible for funding from FDEP through the Petroleum Restoration Program for further assessment and remediation of a petroleum spill that occurred many years ago when the underground fuel tank in the yard was removed and replaced with the above ground tank that is currently in use. FDEP recently lowered the minimum priority score to fund discharges to scores of 20 or above; our site score is 25. Administrator MontesDeOca explained the deductible covers FDEP to perform a full remediation to the site. Once FDEP receives the deductible, the site remediation will be put on the schedule. He added, funds are available in this Fiscal Year's budget and will be expensed from the gas tax dollars. VOTE: WATFORD — YEA ABNEY — YEA CHANDLER—YEA CLARK—YEA RrrTER—YEA MOTION CARRIED. Motion and second by Council Members Clark and Ritter to approve a recommendation by the Code Enforcement Board to consider foreclosure proceedings on property located at 1006 Southwest 5th Avenue [Case No. 17-028, Parcel ID: 3-21-37-35-0040-0010Y-0020]. On August 14, 2018, the Code Enforcement Board made a recommendation to have City Council consider foreclosure on the property listed above. According to Code Officer Sterling, the property owner is deceased, there is a house on the property that does not have electric or water and the grass is considerably overgrown. He has only been in contact with the individual who resides there once, as he is only there during the evening. As of August 31, 2018, the fine has accrued to $3,375.00 and continues to accrue at a rate of $15.00 per day. Attorney Cook recommended the City consider foreclosure on this property, but noted the only obstacle he foresees is dealing with the estate probate. SFPTFMRFR 4. 2018 -REGULAR MEETING & FIRST BUDGET PUBLIC HEARING -PAGE 4 OF 8 AGENDA COUNCIL ACTION- DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED B. Motion to approve a recommendation by the Code Enforcement Board to Council Member Chandler provided some information on the person living at the address, the deceased property consider foreclosure proceedings on properly located at 1006 Southwest owner's son. The son gets partial electric from another home and gets his water from the parks. Council Member Ritter 5m Avenue continued. expressed his concern with the condition of the home, as it appears to be condemnable and has no windows. The windows are covered with plywood making it hard for an individual to escape ff there was a fire. VOTE: WATFORD — YEA ABNEY — YEA CHANDLER—YEA CLARK — YEA RITTER — YEA MOTION CARRIED. VIII. PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES -Mayor MAYOR WATFORD OPENED THE FIRST BUDGET PUBLIC HEARING AT 6:34 P.M. A. Mayor announces that the purpose of this Public Hearing is to consider Mayor Watford announced that the purpose of this Public Hearing is to consider the first reading of ordinances for the first reading of ordinances for the proposed Millage Rate levy and the proposed Millage Rate levy and proposed Budget for Fiscal Year (FY) 2018-19. proposed Budget for Fiscal Year (FY) 2018-19. B. Mayor announces that the proposed Millage Rate levy represents 5.00 Mayor Watford announced that the proposed Millage Rate levy represents 5.00 percent more than the roll -back rate percent more than the roll -back rate computed pursuant to Florida computed pursuant to Florida Statute 200.065(1). Statute 200.065(1). C.1.a) Motion to read proposed Ordinance No. 1171 by title only, and set Council Member Ritter moved to read proposed Ordinance No. 1171 by title only, and set September 18, 2018, at September 18, 2018, at 6:00 P.M. as a final public hearing date, 6:00 P.M. as a Final Public Hearing date, levying a millage rate of 7.9932 for FY 2018-19; seconded by Council levying a millage rate of 7.9932 for FY 2018-19 - City Attorney (Exhibit Member Clark. 3). b) Vote on motion to read by title only and set final public hearing date. VOTE: WATFORD—YEA ABNEY—YEA CHANDLER—YEA CLARK — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1171 by title only. Attorney Cook read proposed Ordinance No. 1171 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A MILLAGE RATE TO BE LEVIED ON ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019; PROVIDING THAT 7.9932 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.9932 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES, THAT SAID MILLAGE RATE IS 5.00 PERCENT (5.00%) MORE THAN THE ROLL -BACK RATE COMPUTED 1N ACCORDANCE WITH FLORIDA STATUTE 200.065(1); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." .A CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-028 Name: Lorene Mott Property Location: 1006 SW 5`h Avenue Code Board Action: Imposed a fine starting 1/19/18 @ $15.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44- General cleaning_. Accrual of Fine: Jan = 13 Feb = Al Mar = - Apr =S a May 3� TOTAL = Date of Compliance: 6 �, c,4-- KI 3 13, 7) �r7 rV 55, :AGENDA Case No. 18-025 Peter & Louisianna Raulerson. 1003 SVV 3td Avenue Ch 30 Sec 30-43 Publiic nuisance Ch 30 Sec 30-44 General cleaning & beautification Case No 17-028 Lorene Mott. 1006 SVV 5° Avenue Consider recommending foreclosure AUGUST 14, 2018 -CEB REGULAR MEETING - PAGE 3 OF 4 --ACTION :- DISCUSSION -VOTE BOARD Attorney Cook addressed the board giving some background information on Case 18-025, Peter & Louisianna Raulerson . He stated this property was set up as a trust, however the trust no longer exist so the property reverts back the original owners and the heirs of the estate. Since Peter & Louisianna Raulerson were the first settlers in Okeechobee, there is a long line of heirs and the City has not been able to determine who is responsible for taking care of the property. Mr Cook told the board a' company out of California bought the tax certificate, however he feels this company probably has no interest in bringing the property into compliance. Code Officer Sterling testified the property has been mowed by a neighbor, but there is a baptismal pool which is a safety hazard. Member Close moved to find Case 18-025, Peter & Louisianna Raulerson, 1003 SW 3`d Avenue, in compliance of Ch 30 Sec 30.44 General cleaning & beautification and in violation of Ch 30 Sec 30.43 Public nuisance due to the baptismal pool, based on the testimonies of Code Officer Sterling and Attorney Cook, imposing a fine of ten dollars per day, beginning fourteen days after receipt of proper notification if the property is not in compliance at that time; seconded by Member Sanders. GAMIOTEA - YES CLOSE - YES BERNST - YES CONRAD- ABSENT DENISUK - YES PIPPIN - ABSENT SANDERS - YES WILT - YES MOTION CARRIED. Code Officer Sterling testified a fine for general cleaning and public nuisance was imposed on January 19, 2018. The fine of fifteen dollars per day has been accruing since that date and is now over three thousand dollars. Officer Sterling stated Ms. Mott is deceased and her son does not legally have title to the property, so the proper'v has been vacant. Since the property has not been maintained it is now very overgrown and has squatters living in it. Member Denisuk moved on Case 17-028, Lorene Mott, 1006 SW 5t" Avenue, to make a recommendation to City Council to proceed with foreclosure, based on the testimonies of Code Officer Sterling and Attorney Cook; seconded by Member Close. GAMIOTEA-YES CLOSE -YES BERNST - YES CONRAD-ABSENT DENISUK-YES PIPPIN -ABSENT SANDERS -YES WILT - YES MOTION CARRIED. 1 Case # 17-028 Lorene Mott 1006 SW 5t" Ave n u e • 12/12/2017 — Came before the Code Board. Code Board assessed $15.00 a day fine to commence 25 days after proper notification. • 01/19/2018 — Fine of $15.00 per day started. • 03/23/2018 — Lien recorded at the Court House. • 08/08/2018 — Fine accrued for 90 days. • As of 08/14/2018 fine has accrued for 208 days equaling $3,120.00. .A KE�Cyo CItof Y Okeechobee i iz�I .0 Code Enforcement sd •1915* August 8, 2018 Lorene Mott 1006 SW 5"' Avenue Okeechobee, FL 34974 Re: 1006 SW 5" Avenue Dear Property Owner: This letter is in reference to the Code Enforcement Board Order/Lien dated December 12, 2017 imposing a fifteen dollar per day fine beginning January 19, 2018 for overgrown grass, yard debris on property located at 1006 SW 5th Avenue. On March 23, 2018 the Lien was recorded in Okeechobee County. The fine has now accrued for over ninety (90)ays and is continuing; to accrue daily. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the property to collect the fine. At this time no foreclosure action has been taken against the property. However, you should contact me immediately in order to bring the property into compliance with City ordinances and stop the fine from accruing. The next regularly scheduled Code Enforcement Board meeting is August 14, 2018 at which time the Code Board could decide to recommend foreclosure. Please contact me at 863-467-1586 to discuss this matter. Sincerely, �i ed Sterling Code Enforcement (863)467-1586 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 . (863) 467-1586 • Fax: (863) 763-4489 4 829 DECEMBER 12, 2017 - CEB REGULAR MEETING - PAGE 2 OF 4 :' AGENDA OTE = VI. PUBLIC HEARING ITEMS. A. Disposition of Cases presented by Code Officer Sterling: This being a quasi-judicial proceeding, an oath was administered to those offering testimony, all responded affirmatively. Officer Sterling advised all events occurred within the corporate limits of the City of Okeechobee. The Officer's notes, testimony, photographs, and supporting documents were all entered as part of the official record. Case No. 17-028 Officer Sterling testified notice of violation/notice of hearing sent by certified mail to the property owner's address and was Lorene Mott. 1006 SW 511 Avenue received by Linda Parker. He stated the property is very overgrown and neighbors have told him someone is living in the house Ch 30 Sec 30-43 Public nuisance possibly a squatter. Chairperson Gamiotea asked if contact had been made with anyone living in the house. Officer Sterling Ch 30 Sec 30-44 General cleaning & beautification said he was unable to talk with anyone at the residence. Chairperson Gamiotea had some concerns regarding the safety of neighbors if a squatter was possibly living in the house. He stated it was the City's responsibility to be diligent in protecting the safety of the community. He suggested having Fire Chief Smith and Police Chief Peterson work together to determine exactly who is living in the house and if they are legally permitted to be there. Member Close moved to find Case No. 17-028, Lorene Mott at 1006 SW 5' Avenue in violation of Ch 30 Sec 30.43 Public nuisance and Sec 30.44 General cleaning and beautification based on the testimony of Code Officer Sterling, imposing a fine of fifteen dollars per day beginning twenty-five days after receipt of proper notification; seconded by Member Pippin. GAMIOTEA - YES CLOSE - YES CONRAD-YES DENISUK - YES PIPPIN - YES SANDERS - YES BERNST - YES MOTION CARRIED L Case #17-028 Lorene Mott 1006SWSthAvenue CH 30 Sec 30-43 Public Nuisance CH 30 Sec 30-44 General Cleaning & Beautification 08/18/2017 — Sent Courtesy Card. 10/09/2017 — Mailed Notice of Violation. 10/11/2017 — Posted property with Notice of Violation. 10/19/2017 — Notice of Violation received, signed for by Linda Parker. 11/16/2017 — Mailed Notice to Appear. 11/21/2017 — Notice to Appear received, signed for by Linda Parker. Case #17-028 Lorene Mott IG M v , Exhib�- #a- 14UaL%*, 14, abI8 CODE ENFORCEMENT BOARD August 14, 2018 9c 9c 9t�e9c4e$e9edr�'e�eF�ex3t9edreF�edeeiexx9e�exdeaiex9cxdexxxxxx�ex*xde9e:F9e�k�e9e�c9ex9F9ede�`edcx9edc3eo+rde3exx�ex4ex9e k�e�e��e9eeF��exx:Y9cxx*�k�k�k�k�k�k�k�k�k�K�k�F��k�k�k�k�k#*�k**�k�k�k�k�k�k*�k*�k# Case No Name Fine Started Filed 90 Days 15-013 Anthony Bertram $15/day 7/10/18 1105 SW 7" Avenue 17-005 Jackie & Melinda Rediker $15/day 5/14/18 8/9/18 11/07/18 201 NE 10"' Street 17-012 Juan & Lydia Almodovar $15/day 9/17/17 11/9/17 02/06/18 1804 NW 7" Avenue 17-020 Kenneth Nichols $10/day 11/28/17 1/17/18 4/17/18 114 NE 1 Vh Street 17-036 Brenda Kemp $50/day 12/23/17 3/15/18 6/13/18 800 SW 2nd Avenue 17-028 Lorene Mott $15/day 1/19/18 3/23/18 6/21/18 1006 SW 5" Avenue 17-040 Okeechobee Park Street $50/day 2/19/18 3/15/18 6/13/18 100 NW Park Street J 17-039 Spirit CV Okeechobee FL $50/day 3/19/18 4/11/18 7/11/18 106 N Parrott Avenue 18-008 Thomas Corcoran $15/day 5/30/18 7/02/18 9/29/18 302 NE 7"' Street 18-009 Thomas Corcoran $15/day 5/30/18 7/02/18 9/29/18 309 NE 6`h Street * Distributed at meeting for informational purposes only. Code Board Action 5/09/18 - Imposed fine: pub. nuisance/commercial vehicle 5/09/17 - Imposed fine: disabled vehicles/pub. nuisance 8/08/17 - Imposed fine: disabled vehicle & cleaning 10/10/17 - Imposed fine: dis. vehicle & pub. nuisance 12/12/17 - Imposed fine: pub nuisance/general cleaning 12/12/17 - Imposed fine: pub nuisance/general cleaning 1/09/18 - Imposed fine: pub nuisance/general cleaning 2/13/18 - Imposed fine: pub nuisance/general cleaning/ general landscaping 5/08/18 - Imposed fine: pub nuisance/general cleaning 5/08/18 - Imposed fine: pub nuisance/general cleaning C n{'i 1 b i+,'�, IiA.ne [Af a0 t8 CODE ENFORCEMENT BOARD June 12, 2018 �c9Fxxxxxxx4e9e7ex4ezxix�eie�cSs4t�cx9:9exx�cxx�x�'c�*��nk�cisx�:�rx$cxxx�'rxxxx��cx9cx�cxx��exxxse�eiexxiexxx�deir9c9eiexxxx�k�k�k�k*�1:***#�k�k*#�k�k*�k-k�k�k�k-k**�k�k�k�k�k��k*** Case No Name Fine Started Filed 90 Days 17-005 Jackie & Melinda Rediker $15/day 5/14/18 201 NE 10th Street 17-012 Juan & Lydia Almodovar $15/day 9/17/17 11/9/17 02/06/18 1804 NW 7th Avenue 17-020 Kenneth Nichols $10/day 11/28/17 1/17/18 4/17/18 114 NE 110' Street 17-036 Brenda Kemp $50/day 12/23/17 3/15/18 6/13/18 800 SW 2na Avenue 17-028 Lorene Mott $15/day 1/19/18 3/23/18 6/21/18 1006 SW 5' Avenue 17-040 Okeechobee Park Street $50/day 2/19/18 3/15/18 6/13/18 100 NW Park Street 17-039 Spirit CV Okeechobee FL $50/day 3/19/18 4/11/18 7/11/18 106 N Parrott Avenue 18-008 Thomas Corcoran $15/day 5/30/18 302 NE 71h Street 18-009 Thomas Corcoran $15/day 5/30/18 309 NE 6`h Street ,- * Distributed at meeting for informational purposes only. Code Board Action 5/09/17 - Imposed fine: disabled vehicles/pub. nuisance 8/08/17 - Imposed fine: disabled vehicle & cleaning 10/10/17 -Imposed fine: dis. vehicle & pub. nuisance 12/12/17 - Imposed fine: pub nuisance/general cleaning 12/12/17 - Imposed fine: pub nuisance/general cleaning 1/09/18 - Imposed fine: pub nuisance/general cleaning 2/13/18 - Imposed fine: pub nuisance/general cleaning/ general landscaping 5/08/18 - Imposed fine: pub nuisance/general cleaning 5/08/18 - Imposed fine: pub nuisance/general cleaning CODE ENFORCEMENT BOARD May 8, 2018 Case No Name Fine Started Filed 90 Days 17-012 Juan & Lydia Almodovar $15/day 9/17/17 11/9/17 02/06/18 1804 NW Th Avenue 17-020 Kenneth Nichols $10/day 11/28/17 1/17/18 4/17/18 114 NE I Vh Street 17-036 Brenda Kemp $50/day 12/23/17 3/15/18 6/13/18 800 SW 2°a Avenue 17-028 Lorene Mott $15/day 1/19/18 3/23/18 6/21/18 1006 SW 5th Avenue 17-040 Okeechobee Park Street $50/day 2/19/18 3/15/18 6/13/18 100 NW Park Street 17-039 Spirit CV Okeechobee FL $50/day 3/19/18 4/11/18 7/11/18 106 N Parrott Avenue AIAI 8ja1Ot`T Code Board Action 8/08/17 - Imposed fine: disabled vehicle & cleaning 10/10/17 - Imposed fine: dis. vehicle & pub. nuisance 12/12/17 - Imposed fine: pub nuisance/general cleaning 12/12/17 - Imposed fine: pub nuisance/general cleaning 1/09/18 - Imposed fine: pub nuisance/general cleaning 2/13/18 - Imposed fine: pub nuisance/general cleaning/ general landscaping