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South Florida BBQ of Okeechobee - Case #180412010 - Satisfaction of Judgment�� OtTcial Records File#2021009633 Page(s):1 � Jerald D Bryant, Clerk of the Circuit Court & C�imptroller Okeechobee, FL Recorded 7/29/2021 3:3'7 PM � Fecs: RECORDING $10.00 Filing # 131665245 E-Filed 07/29/2021 01:30:56 PM IN THE COUNTX CDURT iN AND k'OR OKEECHOBEE COUN`1'Y, I'LOIZIDA CASE NO.: 472020CC0002� 1 CCAXMX C[TY O�' OI{F,BCHOBEF, FLf)RTDA, a municipal corporatio�3 organized under tlie laws of the State of Florida, Plaintiff, v. SOUTH FLORIDA BARBEQiIE OI' OKI:L;CIIOI3�L,1N�., a I'lorida pz•o�t coipoz�atioz�, Defendant, Sr1TISTACT'IOl� OT JUllGML+'NT This Satisfac#ion of Judgiuen# is signed hy R. Gregoi�y Hyden, Esq., as age�ii of the Plaintiff, on July 29, 2021, to acl�nor�vledge f1t11 paymant c�f t1�E Defartlt Finat J�tdgn�ent of Foreclosure entered by the above iioted Court oii April 16, 2021. The Plaintiffl�ereby acknowledges that all sun�s due tuidex• it l�ave beeri fully paid and that final j ndgmetit is h�b��isfie�d ax�d�ane.�1, ed and satisfied of record. '�,,.,..- , �w�� R. GORY HYDEN, �.SQ. STATE OF FT,ORIDA ) ) ss: COUNTY OI' PALM B�ACH ) Swoz•n to (oz• affx�n�ed) and subscz�ibed be£o:re, by i��eans of ��hys�cal pz•ese��ce oz• ❑ onliz�e notarizatzon, me #his2q day ofJul;y, 2U21, by R GREGORY HYi�EN, ESQ., who is [� personally known to me or 0 provided tlie following ideniification: _ ...1�It111Nlir,... � • � • `\``��0��V10N� � �c:''��/��i�i ' •�� d��'o0 s �it .t'C` . � _ �,Q� � �,A �r� , a�yq � � �� rr�.�s . ; �i�a f .$' :� ,� .� .r �b atoti ��;.•' : i �� .� s�� \\` �r/'/��i..•��....�+„��``'\��\ a A ;rt � ,. . / Natary Public - State of Florida NOTAIZY Pi JBI_,IC Si�te of Flo�•ida at �.arge My Conuiussion Expires: CITY OF OKEECHOBEE, FLORIDA No 4 9 7�� 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763•3372 , , �� •, _ 20� / .� s �� o�Q �. 1� CLERK :� Nason Yea el i _____ ___________ _ _ _ � GERSOR, }IARR15 & FUMERO, PJ1. A'fTORN(:YS A'f LALV Es�. isr,n R. GREGORY HYDEN E-MA[L ADDRESS: ghyden@nasonyeager. com JUIy 29� 2021 VIA FEDERAL EXPRESS Christina Curl City of Okeechobee 50 SE 2°`� Ave. Okeechobee, FL 34974 Re: South Florida Barbeque Dear Ms. Curl: DIRECT DIAL: (5G1)471-3524 PAX NUMBER: (561)982-7116 Enclosed please fiud check nuinber 26877 in the amount of $28,661.15 representing satisfaction of the judgment entered on April 16, 2021. Many Thanks, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. �' ��,��an�y �fyd,e� R. Gregory Hyden Enclosure Doc No. 1082365 750 Park of Commerce Boulevard � Suite 210 � Boca Raton, Florida 33487 Telephone (561) 982-7114 � Facsimile (561) 982-7116 � www.nasonyea�er.com PAI,M BEACH GARDF.NS • BOCA RATON NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. IOTA TRUST ACCOUNT 3001 PGA BLVD., STE. 305 PALM BEACH GARDENS, FLORIDA 33410 • 1BER�AB�►NK 84-7041/2652 DATE Twenty-Eight Thousand, Six Hundred Sixty-One & 15/100 Dollars 7/29/2021 PAY City of Okeechobee TO THE NASOf�Y�C ORDER 55 SE 3rd Avenue �, �, � OF Suite 201 8 ,; 8 :' � Okeechobee, FL 34974 - � �. __. __ .._ ____ 26877 � U a � ro d 0 AMOUNT d � 28,661.15 ' "�,. d � ` , HARR�S & FUMERO, P.A. a LI i �AUTNORIZED SIGNATURE ��-.c*---r-,:-- �,» - � i�'0 268 7 7ii'" �: 26 5 2 704 L 3�: 0 2 L 5000 2 58i�' Filing # 131720904 E-Filed 07/30/2021 09:49:06 AM IN THE COUNTY COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO.: 472020CC000241 CCAXMX CTTY OF OKEECHOBEE, FLORIDA, a municipal corporation organized under the laws of the State of Florida, Plaintiff, u SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, IlVC., a Florida profit corporation, Defendant. ORDER CANCELLING SALE THIS CAUSE came upon the Court on Plaintiff, City of Okeechobee, Florida's, Notice of Cancellation of Sale and Satisfaction of Judgment, and the CouR having reviewed the file and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. The Sale set to take place on August 4, 2021 is hereby canceled. 2. The Clerk shall remove the sale from the calendar forthwith. DONE AND ORDERED in Charnbers in Okeechobee, Okeechobee County, Florida this �� day of July, 2021. Copies Furnished To: R. Gregory Hyden, Esq. — ghyden@nasonyeager.com Nason, Yeager, Gerson, Harris & Fumero, P.A. 750 Park of Commerce Blvd., Suite 210 Boca Raton, Fi., 33487 Melanie McGahee, Esq. - mmcgahee@mc aheeperez.com McGahee & Perez PL 417 W. Sugarland Highway Clewiston, FL 33440 COUNTY COUR JUDGE Doc No: 1082386 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 180412010 CITY OF OKEECHOBEE, 1111111111111111111111111111111111111111 FILE HUM 2019009097 PETITIONER, SHARON BROBERTSSONN? CLEfiK& COMPTROLLER OKEECHOBEE COUNTY, FLORIDA -vs- RECORDED 08/29/2019 10:34:32 AM RECORDING FEES $12.50 RECORDED BY G ilewbourn RESPONDENT, P'9s 83 - 849 (2 P95) South Florida Barbeque of Okeechobee / LIEN/ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on June 25 , 20 19 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 4,5,6,10,11, & 12 Blk: 22 Section: South Okeechobee Parcel: 3-21-37-35-0040-00220-0040 Property location: 102 SW 14th Street, Okeechobee, FL Property owner: South Florida Barbeque of Okeechobee Property has been found to have dead vegetation, weeds, pile of concrete/debris. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chp 30 Sec 30-43 Public nuisance, Sec 30-44 General cleaning & beautification and International Property Maintenance Code Ch 3 Sec 304.2 Protective treatment C. ORDER: The City of Okeechobee Code Enforcement Special Magistrate determined you violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance, Sec 30-44 General cleaning & beautification and International Property Maintenance Code, Ch 3 Sec 304.2 Protective treatment concerning your property located at 102 SW 14th Street, Okeechobee, FL . If you do not correct the violation within thirty days of receipt of this notice , or notify the Code Enforcement Officer of the correction, the Magistrate imposes a fine of$ 50.00---- 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. AGREED AND ORDERED this `;r day of J 14 , 20 19 . CITY OF OKEECHOBEE, Petitioner South Florida Barbeque of Okeechobee Respondent CODE ENFORCEMENT City of Okeechobee, Florida Speci Magistrate -_, forcem- t Officer ATTEST: � L ��2 Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Roger Azcona , Fred Sterling, and Sue Christopher , well known to me and known by me to be the Code Enforcement Special Magistrate, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT. SWORN TO AND SUBSCRIBED before me this 21-d day of Ju.l\ ,20 /61. ALth( tu. r NOTARY PUBLIC My Commission expires: =oY pue4^ Notary Public State of Florida Patty M Burnette y�c My Commission GG 008157 ?o,„0 Expires 10/02/2020 Please return to: City of Okeechobee Code Enforcement 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 357-1971 Chronology — South Florida Barbeque Case #190412010 Date Event/Document June 2, 2021 Inspected the property: Not in compliance, overgrown shrubs, and grass. Trees in need of trimming. Sign in disrepair and the outside of the building in need of maintenance. Photos in file. June 7, 2021 Inspected the Property: Not in compliance, no attempt to correct any of the violations not last inspection. Photos in file. June 22, 2021 Inspected the Property: Not in compliance, no attempt to correct any of the violations not last inspection. Photos in file. June 29, 2021 Inspected the property: Not in compliance however, great progress has been made. Grass was mowed, shrubs, and bushes trimmed. Vines in need to be removed from the roof line on the back side of the of the building. Back porch still unsecured. July 9, 2021 Inspected the property: Not in compliance however, the vines were removed from the roof line. Back porch remains unsecured. Photos in file July 19, 2021 Inspected the property: In compliance back porch secured. Photo in file. July 30, 2021 Received Satisfaction of Judgement payment in the amount of $28,661.15 check # 26877. July 30, 2021 Received Order cancelling sale and Satisfaction of Judgement from City Attorney. Copies in file. Chronology — South Florida Barbeque Case #190412010 Date Event/Document May 21, 2019 Statement of Violation sent out Certified Mail Return Receipt, Returned on May 21, 2019 Unclaimed. May 30, 2019 Notice of Date Change for the Special Magistrate Hearing. Changed from June 11, 2019 to June 25, 2019. Nothing was returned. June 25, 2019 Case 190412010 South Florida Barbeque went in front of the Special Magistrate and was found in violation of Chapter 30 Section 30-43 Public Nuisance and Chapter 30 Section 30-44 General Cleaning and Beautification, also IPMC Chapter 30 Section 304.2 Protective Treatment. Magistrate Azcona imposed a fine of $50.00 to start 30 days after proper notification. July 11, 2019 Another Statement of Violation Notice of Hearing was sent out with nothing returned August 13, 2019 Was brought Infront of the Special Magistrate and withdrawn due to the case already being heard August 29, 2019 Lien Order was recorded at the courthouse October 31, 2019 The property was posted with the lien order and given 30 days to come into compliance. December 1, 2019 Fine of $50.00 a day started with a$25.00 administrative Fee To date March 11, 2020 the fine is still running =$5, 125.00 February 27, 2020 Sent letter notifying the owner that the fine has run for over 90 days and could be sent for foreclosure. Mailed to Stuart Return Receipt, also mailed to the registered agent and the Fort Myers Office regular mail. March 11, 2020 Have not heard anything for South Florida Barbeque September 22, Mailed Statement of Violation Notice of Hearing Certified Return Receipt 2020 for October 21, 2020 Hearing Recommendation for Foreclosure. Received back on September 25, 2020 Signature Illegible As of September 30, 2020, fine amount is $13,200.00. Fine Started December 1, 2020 @$50.00 per day and is still running to date. Code Enforcement Accrual of Fine 2021 Case No: 190412010 Name: South Florida Barbeque Address: 102 SW 14th Street Okeechobee, FL. 34974 Special Magistrate Ruling: Case presented to the Special Magistrate on June 25, 2019, found in violation of CH 30 Sec. 30-43 Public nuisance, Sec. 30-44 General cleaning and beautification and IPMC CH 30 Sec. 3042 Protective treatment. A fine of $50.00 per day plus a one-time $25.00 administrative fee imposed 30 days after proper notification. Fine accrual began on December 1, 2019. um er ee um er ee um er ee um er ee um er � ee um er ee Fine Amount of days Total of Days Total of Days Total of Days Total of Days Total of days Total $50.00 January 2 $100.00 7 $350.00 7 $350.00 7 $350.00 7 �$350.00 1 $50.00 February 6 $300.00 7 $350.00 7 $350.00 7 $350.00 1 $50.00 0 $0.00 March 6 $300.00 7 $350.00 7 $350.00 7 $350.00 4 $200.00 0 $0.00 April 3 $150.00 7 $350.00 7 $350.00 7 $350.00 6 $300.00 0 $0.00 May 1 $50.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 2$100.00 June 5 $250.00 7 $350.00 7 $350.00 $0.00 $0.00 $0.00 July $0.00 $0.00 , $0.00 $0.00 $0.00 $0.00 August $0.00 $0.00 � $0.00 $0.00 $0.00 $0.00 September $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 November I $0.00 I $0.00 $0.00 $0.00 $0.00 $0.00 December $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ministrative Fee $0.00 - -- ---- _ _ _ __ _ _ _ _ _- - __ _. Total $8,500.00 � � __ ate o Compliance July 19, 2021 Grand Total $28,375.00 Code Enforcement Accrual of Fine 2020 Case No: 190412010 Name: South Florida Barbeque Address: 102 SW 14th Street Okeechobee, FL. 34974 Special Magistrate Ruling: Case presented to the Special Magistrate on June 25, 2019, found in violation of CH 30 Sec. 30-43 Public nuisance, Sec. - - - --- -- 30-44 General cleaning and beautification and IPMC CH 30 Sec. 304.2 Protective treatment. A fine of $50.00 per day plus a one-time $25.00 administrative fee imposed 30 days after proper notification. Fine accrual began on December 1, 2019. Number ee Number o ee Number o ee Number o ee Number o ee Num er o ee Fine AmounC of days Total Days Total Days Total Days Total Days Total days Total $50.00 January 4 $200.00 7 $350.00 7 $350.00 7 $350.00 6 $300.00 0 $0.00 February 1 $50.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 0 $0.00 _ _ _ ---- March 7 $350.00 7 $350.00 7 $350.00 7 $350.00 3 $150.00 0 $0.00 April 4 $200.00 7 $350.00 7 $350.00 7 $350.00 5 $250.00 0 $0.00 May 2 $100.00 7 $350.00 7 $350.00 7 �$350.00 7 $350.00 1 $50.00 June 6 $300.00 7 $350.00 7 $350.00 7 $350.00 3 $150.00 0 $0.00 July 4 $200.00 7 $350.00 7 $350.00 7 $350.00 6 $300.00 0 $0.00 _ -- -- -- -- - - August 1 $50.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 2$100.00 September 5 $250.00 7 $350.00 7 $350.00 7 $350.00 4 $200.00 0 $0.00 October 3 $150.00 7 $350.00 7 $350.00 7 $350.00 7 $350.00 0 $0.00 November 7 $350.00 7 $350.00 7 $350.00 7 $350.00 2 $100.00 0 $0.00 December 5 $250.00 7 $350.00 7 $350.00 7 $350.00 5 $250.00 0 $0.00 Administrative Fee $0.00 Total $18,300.00 Date of _ _ - -- - -- Compliance Not in compliance Code Enforcement Accrual of Fine 2019 Case No: 190412010 Name: South Florida Barbeque Address: 102 SW 14th Street Okeechobee, FL. 34974 Special Magistrate Ruling: Case presented to the Special Magistrate on June 25, 2019, found in violation of CH 30 Sec. 30-43 Public nuisance, Sec. 30-44 General cleaning and beautification and IPMC CH 30 Sec. 304.2 Protective treatment. A fine of $50.00 per day plus a one-time $25.00 administrative fee imposed 30 days after proper notification. Fine accrual began on December 1, 2019. ine Number ee Number o ee Number o ee Number o ee Num er o ee Number o ee Amount of days Total Days Total Days Total Days Total Days Total days Total $50.00 ' January $0.00 $0.00 $0.00 $0.00 I $0.00 $0.00 February $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 March $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 April $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 May $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 June $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 July $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 August $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 September � $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 October $0.00 $0.00 $0.00 $0.00 � $0.00 $0.00 November $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 December 7 $350.00 7 $350.00 7 $350.00 7 $350.00 3 $150.00 0 $0.00 Administrative Fee $25.00 Total $1,575.00 Date of - - - - - - Compliance Not in compliance � � � Case #190412010 Property Owner South Florida Barbeque of Okeechobee Address 102 SW 14th Street First Inspected April 15, 2019 Violations Noticed Chapter 30 Section 30-43 Public Nuisance Section 30-44 General Cleaning and Beautification and International Property Maintenance Code Chapter 30 Section 304.2 Protective Treatment Date photos Taken Yes — Date back from 2019 thru October 2019 Courtesy Card No SOV and NOH May 21, 2019 Statement of Violation and Notice of Hearing was mailed Certified Return Receipt, was returned on May 21, 2019 Unclaimed. June 5, 2019 the property was posted for the June 25t'' Hearing (Picture was taken) May 30, 2019 Notice of date change from June 11, 2019 to June 25, 2019 for the Special Magistrate Hearing., Nothing was Returned. Posted Property Yes Special Magistrate Found the property to be in violation of Chapter 30 Section 30-43 Public and Fine Amount Nuisance, Section 30-44 General Cleaning and Beautification also IPMC Chapter 3 Section 304.2 Protective Treatment and imposed a fine of $50.00 per day to start 30 days after proper notification. Lien Order Filed on August 29, 2019 Final Inspection Still in violation 10/12/2020 n'1C�-�l�d -`�:>Y rva-H- �v� �c_+�bex �I,�c�2U I-�C�.e;��e� - �t -�2�' .-<��::,:�: '(1P�: .�'ct'c� c° iu � ee, �� k.�rznec 5 rx- �� t I 12 c�,b►� . k Fine Started � Fine Started December 1, 2019 @$50.00 per day & Ended City of Okeechobee Code Enforcement Case #: 180412010 Name: South Florida Barbeque Property Location: 102 SW 14t" Street Code Board Action: Imposed a fine starting December 1, 2019 @$50.00 per day for code violation Chapter 30 Section 30-43 Public Nuisance, Section 30-44 General Cleaning and Beautification and International Property Maintenance Code Chapter 3 Section 304.2 Accrual of Fine: 2019 2020 December = 31 days @$50.00 January = 31 days @$50.00 February = 29 days @ $50.00 March = 31 days @ $50.00 April = 30 days @ $50.00 May = 31 days @ $50.00 June = 30 days @ $50.00 July = 31 days @ $ 50.00 August = 31 days @ $50.00 September = 30 days @ $50.00 Total days = as of the end of September 295 days @$50.00 per day Amount Due = 295 days $50.00 = $13,200.00 Date of Compliance = Not in Compliance � City of Okeechobee Code Enforcement Case# I g� L� �� Q �� Name: �(�-�'�'1 � - I".J1=J� Property Location: � �o? ��1.� i`�t� �T ' Parcel #: � - � � � �� — �S Vb�'+D � �� 07 (7 , C��-f � Q��-�� L� e.�n �S�e.� ��-��- �� q Code Board Action: Imposed a fine starting ��— �'�U�Cr @ 5�-�perday for code violations of the International Property Maintenance Code Ch Sec &Sec , Also a fine of 25.00 for Administration fees. Accrual of Fines: � Jun = luly = Aug = Sept = o� - Nov = Dec= �i �(p,�� -- .) Total = Date of Compliance: `��G'1 ��'xJr1 � - .� `� �- �J� � .al� �,„� ) Su.� — � " � �� S.I�C� �'Y�C��ch - � r c{ C�� ,r�, I = mc�-� = �,,� _ �� ^ `-"�_� S ' �'� �� — � C�t � ��V �ec� _ /'�: Property Owner ��;.��L�kl�� `��( . �- �� ` PropertyAddress � �� t;�;� )!-�V"�'�> ��i.-� Case # I C� �j � � � �� C� ) (.j First Inspected �- -- � � -- � � , �� .� C--�' Violations Noticed �� ' � � � � � L- ``� � �{� � j_�� 1'�- � L3i. I_,�. .-�- C�� ..�. Photos Taken ��(' � (�;,.�� C� .,� �� ..-� � � �. �- ��-��/ , Courtesy Card Sent f=�- - �`�- �� Notice of Violation Received ;�� ;-�� '��'L-uj% Notice of Violation Sent � �� `_j � j /" , _ � � / 1 l.� Notice to Appear Sent �� Notice to Appear Received ��L� J-� �{ ;� '2-- L'�� ° Final Inspection & Photos � TO VOUCHER CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2903 863-763-3372 Nason Yeager Gerson Harris & Fumero, P.A. 3001 PGA Boulevard, Suite 305 Palm Beach Gardens, FL 33410 ITEM qCCT. NUMBER NO 1 O1-51�1-3100 QUANTITY I UNIT DESCRIPTION PO 5016 Dra�v 9 "' ` . �� :�t, 6/21/2021 UNIT AMOUNT $9,400.00 2827.00 45.00 421.00 337.50 13030.50 Attorney Fees tst�,�caasaa9 snv2i� Brantley 12095-2b577.OQ1 ��t�,czabssos�t��ai� Kemp 12095-26577.003 (s�nnt 224685I 5/I1/21) Cappetta 12095-26577.006 ��r„�t a46ss3 sii iizi> S FL BBQ 12095-27283 ��ru�tza�asssnv2i� TOTAL PO Amount $ 56,400.00 2/3/21 Add'1 funds 25,OOQ.00 5/25/21 Add'I funds 25,000.00 Reps. 87,421.83''� Bal�nce $ 18,978.17+=� � �� 1 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. SALES TAX EXEMPTION NO. 85-8012621656C-6 FEDERAL I.D. N0. 59-6000393 ,l"' AUT ORIZED SIGNATURE � PARTIAL( � FINAL c ��ECEIVED 1JLIY z�' �0�� TO VOUCHER CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2903 863-763-3372 10Tason Ye�ger Gersoai H�rris & Fumero, P.A. 3001 PGA Boulevard, Suite 305 Palm �eacl� Garciens, FL 33410 ITE M NO ACCT. NUMBER 1 . 01-514-3100 QUANTITY I UNIT DESCRIPTION Attorney Fees ��cz�s9is 4i9i?i� �IA4�Pllt'�- 1G�7J—GSJI /.VV� (Sf[1ll1tZ'��Ii �i9i2t) Kemp 12095-26577.003 ��,ta�s9zo4�9izi� Rodiiguez 12495-26577.OQ�5 �sc�,c 24;�zi ai9i2i� Cappetta 12095-26577.006 �Su�ta�+;9a2a!9i2i� S FL BB� 1ZO7S—G%GiJ (shzurt24iy254/9/21) Walgreens 12095-26577.008 ��,tzas9a3 ai9izi� TOTAL PO Amournt $ 56,440.00 2/3/21 Ad+d'1 funds 25,000.00 Reqs. 74 391 33'✓ Bal�ance $ 7,OO�.G7'� r.�� ,� `. CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. SALES TAX EXEMPTION N0. 85-8012621656C-6 FEDERAL I.D. NO. 59-6000393 ��. %7 V 960.96 � 385.00�✓ 425.54� i072.�0� 1182.50�,/ 143�2.27 .--•---�. /� AUTHORIZE SIGNATUR h PO 5016 DraW s :' � � �� .. . .. _ .� �� a�� Flor�c�a RBQ Lr� ��l,t 5!4/2021 UNIT AMOUNT $9,400.00 PARTIAL( ) FINAL ( ) RECEIVED MAY 0 5 202� Christina Curl From: Greg Hyden <GHyden@nasonyeager.com> Sent: Tuesday, July 27, 2021 10:40 AM To: Christina Curl; City Attorney Cc: Carlyn H. Kowalsky Subject: RE: City of Okeechobee v. South Florida Barbeque Their offer of $28K includes some attorney's fees. If you want to counter-offer, I'd suggest including ALL attorney's fees and costs so the city is not out any hard costs and if you opt to reduce anything, reduce the lien amount. G reg From: Christina Curl [mailto:ccurl@cityofokeechobee.com] Sent: Tuesday, July 27, 2021 10:27 AM To: Greg Hyden <GHyden@nasonyeager.com>; City Attorney <cityattorney@cityofokeechobee.com> Cc: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Hagan would like to know if you guys think it would be reasonable to counteroffer at $31,954.41 to split the attorney fees or if we should accept their all-inclusive offer of $28,661.15? Christina Curl City of Okeechobee Assistant Code Enforcement Officer 50 SE 2"d Ave. Okeechobee, FL. 34974 Phone (863)763-2626 Extension 9802 Fax (863) 763-7804 ,., . �x�� :: - ' F �.. ...:;. � 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. From: Greg Hyden <GI-lyden@nasonyea�er.com> Sent: Tuesday, July 27, 2021 10:15 AM To: City Attorney <citvattornev@citvofokeechobee.com>; Christina Curl <ccurlC�cityofol<eechobee.com> Cc: Carlyn H. Kowalsky <CKowalsl<v@nasonvea�er.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Their offer was all inclusive. Yesterday I sent Christina the attorney fee number good through yesterday. Greg Hyden Attorney at Law ��SOCI��'� �r �. � �;ttr�oh t��s � Fun�hc�. ��. Email: qhvden@nasonyeaqer.com n"��KT+Lt' :`-f -;"c ='�. ""° Tel: 561-982-7114 � Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI www.nasonveaaer.com Profile vCard The information contained in this transmission is attorney privileged and confidential. It is intended only for the use ofthe individual or entity named above. If the reader ofthis message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us ai the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Thinic Green! Please do not print this e-mail unless absolutely necessary. From: City Attorney [rnailto:citvattorney@cityofol<eechobee.com] Sent: Tuesday, July 27, 2021 10:08 AM To: Christina Curl <ccuri@ciiyofol<eechobee.com>; Greg Hyden <GHvden@nasonyea�er.com> Cr. Carlyn H. Kowalsky <Ci<owalskv@nasonvea�er.com> Subject: Re: City of Okeechobee v. South Florida Barbeque Christina- I'm asking Greg to confirm but my understanding is that the figure includes payment of everything including all attorneys fees. Best Regards, JOHN J. FUMERO Attorney at Law Office. (561) 314-3999 Cell. (561) 315-4595 Sent Via iPhone On Jul 27, 2021, at 9:41 AM, Christina Curl <ccurlCc@citvofokeechobee.com> wrote: Good morning John, Hagan wanted me to ask if the attorney fees would be in addition to the $28,661.15? Thank you, Christina Curl City of Okeechobee Assistant Code Enforcement Officer 50 SE 2"d Ave. Okeechobee, FL. 34974 Phone (863)763-2626 Extension 9802 Fax (863) 763-7804 <image001. png> 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. From: City Attorney <citvattorney@cityofokeechohee.com> Sent: Monday, July 26, 2021 1:48 PM To: Anthony Smith <asmith@cityofokeechobee.com>; Christina Curl <ccurf@cityofei<eechobee.com>; Robert Peterson <rpeterson@citvofokeechobee.co:�,:>; Donald Hagan <d haga n@ citvofo!<eecho bee. com> Cc: Carlyn H. Kowalsky <CKowalsi<v@nasonvea�er.com>; Greg Hyden <GHvden@nasor�v�a�er.corn> Subject: RE: City of Okeechobee v. South Florida Barbeque Folks- The ultimate decision as to whether or not to accep� the offer set forth below by South Florida Barbecue's attorney is up to staff - Hagan and Peterson. IF we accept the full payout of $28,661.15 through June 30, 2021, as set forth in the final judgment there is no need to present this the City Council. However, !F we wish to settle for a lesser amount which involves entering into a settlement agreement, then that settlement agreement must be presented at the next city Council meeting. My recommendation is that we accept the full payout amount without the need to execute a settlement agreement. Please let us know your thoughts as soon as possible. Thanks. John J. Fumero CITY ATTORNEY <image002.png> From: Greg Hyden [mailto:GHvden@nasonvea�er.com] Sent: Monday, July 26, 2021 10:58 AM To: Anthony Smith <asmith@cityofol<eechobee.com>; Christina Curl <ccurl@citvofokeechobee.com>; Robert Peterson <rpeterson@citvofokeechobee.com>; Donald Hagan <clha�an@cityofokeechobee.com> Cc: City Attorney <citvattornevC�citvofol<eechobee.com>; Carlyn H. Kowalsky <CI<owalskvC� nasonvea�er.com> Subject: FW: City of Okeechobee v. South Florida Barbeque Good morning! Please see below. This is very time sensitive as the sale is coming up in very early August. Let me know your thoughts on the below counter-offers. If you want to discuss them, you can give me a call anytime today after noon. Thanks! G reg From: Melanie McGahee [mailto:mmc�ahee@mcgaheeperez.com] Sent: Monday, July 26, 2021 8:28 AM To: Greg Hyden <GHyden@nasonvea�er.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Good morning, Greg. It just doesn't seem that we can get it right... Before I make you run through the exercise of trying to settle, I need to ask if the terms of the Settlement Agreement as presented are negotiable. Specifically, the strongly worded Paragraph 6 (Future Non-Compliance) which allows the City to issue a Notice of Violation requiring compliance within 24 hours, waiving all defenses to any such notice, obligating him to pay the City's attorney's fees and levying a fine of $100—gives me much pause, and I could never recommend that Mr. Coyne sign such a document. To be at the mercy of an accuser without notice and opportunity to be heard doesn't seem fair. That said, if there is the possibility of settling with an agreement that does not include that language, then we would like to make an offer to settle at $15,500.00 which we calculated as follows: $9,550 Lien Fines ($50Jday from October 31, 2019 to May 9, 2020 which is the date the violation was cured evidenced by the invoice that he paid; $4,060.45 re�resenting your fees and costs up through the date of Final Judgment; $767.95 Court Costs through date of Final Judgment; $1,121.60 to cover additional fees and costs] At this point, I am certain that you have grown weary of us—so if the answer is that a Settlement Agreement would require such a paragraph, we will concede and pay the fine in full. That said, it needs to be calculated correctly. By my calculation, the full payoff would be: $28,661.�.5 throu�h June 30, 2021 [$28,310.45 Judgment amount entered on April 16, 2021, plus accrued daily interest at $3.34/day for 105 days]. I am going to hope for the offered settlement (w/o the oppressive language requirement). I will wait to hear. --Melanie. Melanie A. McGahee, Esq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone: (863) 983 1677 Fax:(863)983-1973 Email: mmc�ahee@mc�aheeperez.com From: Greg Hyden [mailto:GHvden a nasonvea�er.com] Sent: Friday, July 23, 2021 1:43 PM To: Melanie McGahee <mmcgahee@mc�aheeperez.com> Cc: Stacey Janowitz <SJanowitzCc�nasonvea�er.com>; Carlyn H. Kowalsky <CI<owals!<y@nasonvea�er.com>;'City Attorney' <citvattorney@cityofokeechobee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, I did speak with the City. While there are no current violations, the property is not in compliance with the landscape plan that was part of its site approval. That said, if your client wants to make an offer to the City to resolve the underlying foreclosure, please let me know and I will bring it to the City. I believe that because this matter is in litigation before the Circuit, City staff will need to recommend to City Council (rather than the City Manager) to accept or reject settlement. Thanks, G reg From: Greg Hyden Sent: Tuesday, July 13, 2021 12:04 PM To: 'Melanie McGahee' <mmc�ahee@mc�aheeperez.com> Cc: StaceyJanowitz <sjanowitz@nasonvea�er.cor�>; Carlyn H. Kowalsky <CI<e�,valsl<v@nasonyeaQer.com>;'City Attorney' <city�ttorne��@cityoFol<�echebee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Thank you for the emails. I will speak with the City. Thanks, G reg From: Melanie McGahee [mailto:mmc�ahee@mcQ�heeperez.coon] Sent: Monday, July 12, 20214:51 PM To: Greg Hyden <GHyden@nasonvea�er.com> Cc:StaceyJanowitz<SJanowitz@nasonvea�er.com>; Carlyn H. Kowalsky <CI<ov�ialsl<vC�ilasonyea�er.com>;'City Attorney' <cityattornev@cityofol<eechobee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque H i, G reg. I took a drive this weekend because Mr. Coyne's landscaper kept telling him that he was not clear about what needed to be secured. (My Client is not local). Anyway, the back door to the main building has a panic bar that seems to be mal-functioning and not locking. A locksmith was called and was supposed to go out today. At this time, I am still waiting on confirmation that the repair has been made. It is in the works, and I will let you know as soon as it is done....hopefully, tomorrow. --Melanie. Melanie A. McGahee, Esq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone:(863)983-1677 Fax:(863)983-1973 Email: mmc�ahee(�mc�aheeperez.com From: Greg Hyden [mailto:GHvden@nasonvea�er.com] Sent: Friday, July 9, 2021 11:33 AM To: Melanie McGahee <mmcgahee@mcgaheeperez.com> Cr. Stacey Janowitz <SJanowitzC@nasonvea�er.com>; Carlyn H. Kowalsky <Q<owalsl<v@nasonyea�er.com>;'City Attorney' <cit��attorney@citvofokeechobee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, Thank you for the email. Please let me know what you find out Monday. Once we have confirmation that the work has been completed, I will have my client go out and inspect again. Thank you, Greg From: Melanie McGahee [mailto:mmcgahee@mcgaheeperez.com] Sent: Friday, July 9, 2021 10:17 AM To: Greg Hyden <GHyden@nasonvea�er.com> Cc:StaceyJanowitz<SJanowitz@�iasonyea�er.co��v; Carlyn H. Kowalsky <CI<o��valsi<v(�nasonyeaaer.com>; 'City Attorney' <ci�y�ttorney@cityoFol<eechobee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Hi, Greg. I have not forgotten you. My Client (who is not a local) hired a couple of services to complete the additional work, but I asked him to follow-up with them to make sure it was complete. I do not want to ask the City to go sonfirm and get another surprise. Might I have grace until Monday to report favorable news? --Melanie. NQelanie f1. McGahee, Esq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone: (863) 983-1677 Fax:(863)983-1973 Email: mmc�ahee@mc�aheeperez.com From: Greg Hyden [mailto:GHvden nasonvea�er.com] Sent: Tuesday, July 6, 2021 1:35 PM To: Melanie McGahee <rnmc�ahee(�mc�aheeperez.com> Cc: Stacey Janowitz <SJanowitzCa�nasonvea�er.com>; Carlyn H. Kowalsky <CI<owals!<v@nasonvea�er.com>; City Attorney <citvattornev citvofol<eechobee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, I have not heard back from you since the below. Do you have any update from your client? � G reg From: Greg Hyden Sent: Tuesday, June 29, 2021 2:56 PM To:'Melanie McGahee' <mrnc�ahee@mcgaheeperez.com> Cc: Stacey Janowitz (SJanowitz@r�asonvea�er.com) <SJanowitz@nasonveager.com>; Carlyn H. Kowalsky <Ci<o�valskv@nasonv2a�er.com>;'City Attorney' <ci�vat�ornev@citvofol<eechobee.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, The City inspected the property, and it has been mowed, the shrubs and weeds trimmed. However, the vines that are growing all over the building still need to be removed and the back porch still needs to be secured to keep the vagrants out. Thanks, Greg From: Greg Hyden Sent: Tuesday, June 29, 2021 12:12 PM To:'Melanie McGahee' <mmcg�hee c�mcQahee�erez.corn> Cc: StaceyJanowitz (SJanowitz(q��asom/ea�er.com) <SJanowitz nason��e��er.cam>; Carlyn H. Kowalsky <CI<ow�lsl<v@ i��s�nvea�er.com>; 'City Attorney' <citvattornev@citvofol<eechobc�.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Let me reach out to my client. Thanks, G reg From: Melanie McGahee (mailto:mmc�ahee@mc�aheeperez.com] Sent: Tuesday, June 29, 2021 12:09 PM To: Greg Hyden <GHvden@nason��eaQer.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Hola, Greg. A new lawn service has been hired, and I am told they completed the clean-up task over the weekend. Can you circle back around with the City and inquire as to what they may be amenable...if anything. Much thanks. --Melanie. Melanie A. McGahee, Csq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone:(863)983-1677 Fax:(863)983-1973 Email: mmc�ahee@mc�aheeperez.com From: Greg Hyden [mailto:GHvden@nasonveager.com] Sent: Wednesday, June 23, 2021 10:19 AM To: Melanie McGahee <mmc�ahee@mc�aheeperez.com> Cc: Stacey Janowitz <SJanowitz@nasonveager.co��i>; Carlyn H. Kowalsky <CKowalsi<v@nasonyea�er.com> Subject: City of Okeechobee v. South Florida Barbeque Dear Melanie, The property remains in violation of Sec 30-43-Public nuisance and Sec 30-44. See the attached photos. Thanks, Greg From: Melanie McGahee [mailto:mmc�ahee@mc�aheeperez.com] Sent: Tuesday, June 22, 2021 2:54 PM To: Greg Hyden <GFlyden(�nasonveaaer.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Ouch...Can you send me the list? --Melanie. Melanie A. McGahee, Esq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone: (863) 983-1677 Fax:(863)983-1973 Email: mmc�ahee(a�mc�aheeperez.com From: Greg Hyden [mailto:GNvden@nasonyea�er.com] Sent: Tuesday, June 22, 2021 2:43 PM To: Melanie McGahee <mmc�ahee@mc�aheeperez.com> Cc: Carlyn H. Kowalsky <CI<owaisl<v@nasonvea�er.com>; Stacey Janowitz <SJanowitz@nasonveaQer.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, 1 spoke with the City and the property is still not in compliance with the City's Code of Ordinances. There is something of a laundry list of current violations that will need to be addressed before the matter can be settled. Tha n ks, G reg From: Greg Hyden Sent: Monday, June 21, 2021425 PM To:'Melanie McGahee' <mmc�ahee@mc�aheeperez.com> Cc: Carlyn H. Kowalsky <CI<owalsl<v@nasonvea�er.com>; StaceyJanowitz (Slanowitz@nasony�a�er.com) <SJanowitz@nasonyea�er.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, Thank you for the email. Let me speak with my client. G reg From: Melanie McGahee [m�iito:mincQal�ee@mc�aheeperez.com] Sent: Monday, June 21, 2021 10:06 AM To: Greg Hyden <GHvclen(a�nasony�aQer.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Good morning, Greg. Our schedules have been conflicting, but I am back in the saddle from vacation with a mountain of tasks to tackle—with South Florida BBQ on that list. Thanl< you for the breakdown. I was hoping for some wiggle room with regard to the amount due under the terms of the Final Judgment by providing evidence of correction of the code violation at the earlier date. I re-read my email and saw that I was not very clear about that intended request so I wanted to reach out to you in that regard. Being that the intent of code violation fines is to encourage compliance, I was hoping that the City would be open to considering a settlement by re-calculating the daily fines up through the date that Mr. Coyne can show evidence of compliance. I understand that this request comes late in the game, and can only ask for mercy at this point. Nonetheless, the Final Judgment amount is $28, 310.45 as of April 16, 2021, and accrues interest at the rate of 4.31% per year. The interest, as opposed to the daily fine, would be applicable after entry of the Final Judgment. By my calculation, the full payoff would be $28,541.11 through June 21, 2021—with a per diem of $3.34 thereafter. I think the Settlement Agreement, as proposed, has the total amount owed calculated by continuing to accrue the daily fine amount. Regardless, since Mr. Coyne will be satisfying thejudgment in full, I do not thinl<the settlement agreement is necessary. Please let me know your thoughts with regard to the foregoing. Also, please provide me with wire instructions to facilitate a payoff by wire—if that is acceptable. I appreciate your efforts in conveying and having your Client consider our request. --Melanie. Melanie A. McGallee, Esc�. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone:(863)983-1677 Fax: (863) 983-1973 Email: mmc�ahee@mc�aheeperez.com From: Greg Hyden [mailto:GHyden@nasonyea�er.com] Sent: Monday, June 14, 2021 12:11 PM To: Melanie McGahee <mmc�ahee(a?mcQaheeperez.com> Cc: Stacey Janowitz <SJanowitz@nasonvea�er.com>; Carlyn H. Kowalsky <CI<owalskv@ nasonyea�er.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, I apologize for the delay. I had a week-long trial in Indian River County last week. I didn't get home until Sprn on Friday so I am a bit behind. Again, my apologies. The breakdown of the amounts owed are as follows: 1. The Lien/Order states that the fine was $50.00 a day. That began to accrue on October 31, 2019 (i.e. the date it was posted rather than on August 3, 2019, i.e. 30 days after it was signed). As of June 11, 2021 that was $27,975.00. 2. The remainder was legal fees and costs. G reg From: Melanie McGahee [mailio:mmcQahee@mc�aheeperez.com] Sent: Thursday, June 10, 2021 12:14 PM To: Greg Hyden <GFi�de�i�a�asonyea�ei,com> Subject: RE: City of Okeechobee v. South Florida Barbeque Good morning, Greg. Please forward a breal<down of the alleged amount owed by my Client (Accruals, costs, fees, etc.). I have attached a copy of the Invoice that my Client paid to have the concrete (that someone else dumped on his property) removed. I am hoping that the City will consider the invoice as evidence of when the violation was cured and an imposition of the liens through that date. I am technically on "vacation," but came back from the beach to deal with a few pressing matters so your consideration of prompt response is more than appreciated. Much thanl<s. --Melanie. Melanie A. McGahee, Esq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone:(863)983-1677 Fax:(863)983-1973 Email: mmceaheeC�mc�aheeperez.com From: Greg Hyden [mailto:GHvden@nasonvea�er.com] Sent: Monday, June 7, 2021 3:34 PM lo To: mmc�ahee@mc�aheeperez.com Cc: proberts@mc�aheeperez.com; Carlyn H. Kowalsky<CKowalsky@nasonyea�er.com>; StaceyJanowitz <SJanowitz�nasonyea�er.com> Subject: City of Okeechobee v. South Florida Barbeque Dear Ms. McGahee, I work with Carlyn Kowalsky in the representation of the City of Okeechobee. I have attached a proposed Settlement Agreement to this email. It details the amount owed. Please let me know. G reg Greg Hyden Attorney at Law Email: qhyden a ��asonyeagei_,.co.rn Tel: 561-982-7114 � Fax: 561-982-7116 <image003.png> � ' 750 Park of Commerce Blvd., Suite 210 � Boca Rat j www.nasonveaGer.com Profile vCarcl The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this canmttnication in error, please notify us immediately by telephone (collect) and retum the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or te(ephone expenses. WIRE FRAUD ADVISORY: Due to the incnased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e- mail &om Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. 1'hinl: (:rccn: Please do not print this e-mail unless absolutely necessary. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit hitp://�vww.mimecast.com __ This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com _ _ This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com ____ _. 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This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit httn://wwv�✓.ir�;mecas?.com 12 i■ ��_�� ---�"",, ax , _ _ _-' � _— - ._._ = #• • x� - pa�.t: �. -eP-'�-.��:. . -- � �„r'' . . . + ' .+ � °��Y r ,r i �{.f �� H� , . � � . _ .' y �: �'•. . ., . r�A � a,��'� �, . _ . , � . ;k � _/ _.�, j ,_ ,� ��'- �� - - �. .�, . ,� _, � . �;�� . �,,.__ , , ,�--� � _ - -� � - , �r� �� I % � ' :.:�� __,�. � �� °::,=,�� , , �;�.. � ��,: ., , �: / 07/09/2021 12:13 / / ' .,r. �� .. � � : �411 . _. .� �_�. _.� ` �r. � ,: -, ' f � s t ; ..:`�r �� . From: Grea Hvden To: Donald Haaan; Anthonv Smith: Christina Curl CC Carlvn H. Kowalskv: fitv Attomev; Sta[ev ]anowi� Subject: FW: City of Okeecho6ee v. South Florida Bar6eque Date: Tuesday, June 22, 2021 8:43:11 AM Attdchments: imaae001.ono Good morningl Please see below. Do you have time this weel: to discuss the below from Opposing Counsel7 From: Melanie McGahee [mailto;mmrr:��hee(rAm�„eaheeperez.corn] Sent: Monday, June 21, 2021 10:06 AM To: Greg Hyden «Hvden(c�nasnnv�=a�rer com> Subject: RE: City of Okeechobee v. South Florida Barbeque Good morning, Greg Our schedules have been conflicting, but I am back in the saddle from vacation with a mountain of tasl<s to tackle—with South Florida BBQ on that list. Thank you For the breal<down. I was hoping for some wiggle room with regard to the amount due under the Yerms of the Final Judgmenc by providing evidence of correction of the code violation at the earlier date. I re-read my email and saw that I was not very clear about that intended request so I wanted to reach out to you in that regard. Being that the Intent of code violatlon fines is to encourage compliance, I was hoping that the City would be open to considering a settlement by re-calculating the daily fines up through the date that Mr. Coyne can show evidence of compliance. I understand that this request comes late in the game, and can only ask for mercy at this point. Nonetheless, the Final Judgment amount is $28, 310.45 as of April 16, 2021, and accrues interest at the rate of 4.31% per year. The interest, as opposed to the daily fine, would be appllcable after entry of the Flnal Judgment. By my calculation, the full payoff would be $?_8,541.11 through June 21, 2021—with a per diem of $3.34 thereafter. I think the Settlement Agreement, as proposed, has the total amount owed calculated by continuing to accrue th� daily fine amount. Regardless, since Mr. Coyne will be satisfying the judgment in full, i do not think the settlement agreement is necessary. Please let me know your thoughts with regard to the foregoing. Also, please provide me with wire instructions to facilitate a payoff by wire—ifthat is acceptable. I appreciate your efforts In conveying and having your Client consider our request. —Melanle. Melanie A. McGaliee, Gsq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone:(S63)983-1677 fa:c (863)983-1973 Email: mmceahee[a�mteaheeoerez com FrOm: Greg Hyden [rnailc�:GFlvd�n(c�n� nnvPae r roml Sent: Monday, June 14, 2021 12:11 PM To: Melanie McGahee <mmreahec•nmceahe�=nr-rrzcom> Cc. StaceyJanowitz <;lanowitz(o�nasonvr-a�er.crim>; Carlyn H. Kowalsky <CKowal>I<v�anasonv�a�:cr.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, I apologize For the delay. I had a weel<-long trial in Indian River County last week. I didn't get home until 8pm on Friday so I am a bit behind. Again, my apologies. The breakdown of the amounts owed are as follows: 1. The Lien/Order states that the fine was $50.00 a day. That began to accrue on October 31, 2019 (i.e. the date It was posted rather than on August 3, 2019, i.e. 30 days after it was signed�. As of June 17., 2021 that was $27,975.00. 2 The remainder was legal fees and costs. Greg From: Melanie McGahee [mallto�mmr�;�hePrmr�= {��p r� rom] Sent: Thursday, June 10, 2021 12:14 PM To: Greg Hyden <GHydennnasonyerir�e�r.c�m> Subject: RE: City of Okeechobee v. South Florida Barbeque Good morning, Greg. Please forward a breakdown of the alleged amount owed by my Client (Accruals, costs, fees, etc.�. I have attached a copy of the Invoice that my Client paid to have the concrete (that someone else dumped on his property) removed. I am hoping that the City will consider the invoice as evidence of when the violation was cured and an imposition of the liens through that date I am technlcally or� "vacation," but came back from fhe beach to deal with a few pressing matters so your consideration of prompt response is more than appreciated. Much thanks. --Melanie. Melanie A. NlcGal�ee, L=sq. 417 VVest Sugarland Hwy. Clewiston, Florida 33440 Phone:(S63)933-1677 Fa.r. j863) 933-1973 Emai!: mm ah C�m ah o r om From: Greg Hyden [mailPn GHvrl�n(cvn.�;nnvr�an��r ; nr;,] Sent: Monday, June 7, 2021 3:34 PM To: mmr�ah� Pr mrvaii��n�rP� c��m Cr. i�rohFrts(�mc�<�h=e�erei_c�m; Carlyn H. Kowalsky<r n 71tk�n��r m�� F�r rnn�v; StaceyJanowitz <S1ano��vlt�� cni nasonvea�r-r ron�> Subject: City of Okeechobee v. South Florida Barbeque Dear Ms. McGahee, I work with Carlyn Kowalsky in the representation of the City of Okeechobee. I have attached a proposed Settlement Agreement to this email. It details the amount owed. Please let me know. G reg Greg Hyden Attorney at Law Email: ahvdenna nasonv�agPr com Tel: 561-982-7114 � Fax: 561-982-7116 Profile v r ��Nason Yeager cEc�or t i.v:�a� �, runti�:u ic� Al iUNN�YS .tl _A1t �..;t. I:�r,li 750 Park of Commerce Blvd., Suite 210 �Boca Raton �FL �33487 www.nasonyez�qer com Thc information conmincd in this transmission is attomcy privilcgcd and co�dcntiaL It is intcndcd only for �hc usc of thc individual or cntity namcd above. IC�hc rwdcr of ��is mcssagc is not thc intcndcd recipicnt. you am hcrcbp notificd that any dissemination, distribution or copring of �his communication is strictly pwhibi�cd. If vou mccirc this communicatian in crror. plcase mtifi� us immediatelr by telephone (collecq and rcmm the original message to us at the above address ria lhe U.S. Postal Service. We will rcimburse you t r posmge and/or �clephone ezpenses. WIRE FRAUD ADVISORY: Duc to thc increased risk associatcd �eith wirc Cmud and c-mail hacking and phishing attacks, in lhc cccnt pou rcccicc an c-mail from Nason Ycagcr <onlnining ��irc trans@r nswetlons, please c�ll Nason Ycager using preriously Ano�vm m�uct informalion and N07 mformation provided in �he emaii, to verif � the informa�ion conmined within said wirc transfer insimcuons prior to sending Cunds pursuant to such wvc transfcr inswctions. l"hinl: Grccn! Plcasc do mt print this o-mail unlcss absolumir nccessan� This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit httn://www.mimecast com . . _.._ .. -----..... _........._._ __ .---_... __ _ ___ . _ ._ _ This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://ovww.mimecastcom --- - _ _ _ _ __ This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit i�ttoJ/www.mimecast.com Christina Curl From: Sent: To: Cc: Subject: �'�I Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Monday, June 14, 2021 12:30 PM Christina Curl; Anthony Smith Greg Hyden FW: City of Okeechobee v. South Florida Barbeque Carlyn H. Kowalsky Attorney at Law Email: CKowalskvCa�nasonveaqer.com Tel: 561-982-7114 � Fax: 561-982-7116 Profile vCard � 1 l�a�on Y�a �r ___- � a�Lfi�UN tL'lt��f:15 & FLIAiEI.(?. Is•\. :��I 7l.wN.N11'S. :\t _:llC �� =sL I`)dCl 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI www.nasonveaAer.com The information contained in this transmission is attorney privileged and confidential. It is intended only forthe use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Greg Hyden Sent: Monday, June 14, 2021 12:11 PM To: Melanie McGahee <mmcgahee@mcgaheeperez.com> Cc: Stacey Janowitz <SJanowitz@nasonyeager.com>; Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Dear Melanie, I apo�ogize for the delay. I had a week-long trial in Indian River County last week. I didn't get home until 8pm on Friday so I am a bit behind. Again, my apologies. The breakdown of the amounts owed are as follows: The Lien/Order states that the fine was $50.00 a day date it was posted rather than on August 3, 2019, i.e was $27,975.00. The remainder was legal fees and costs. G reg That began to accrue on October 31, 2019 (i.e. the 30 days after it was signed). As of June 11, 2021 that From: Melanie McGahee [mailto:mmc�ahee@mc�aheeperez.com] Sent: Thursday, June 10, 2021 12:14 PM To: Greg Hyden <GHvden@nasonvea�er.com> Subject: RE: City of Okeechobee v. South Florida Barbeque Good morning, Greg. Please forward a breakdown of the alleged amount owed by my Client (Accruals, costs, fees, etc.). I have attached a copy of the Invoice that my Client paid to have the concrete (that someone else dumped on his property) removed. I am hoping that the City will consider the invoice as evidence of when the violation was cured and an imposition of the liens through that date. I am technically on "vacation," but came back from the beach to deal with a few pressing matters so your consideration of prompt response is more than appreciated. Much thanks. --Melanie. Melanie A. McGahee, Esq. 417 West Sugarland Hwy. Clewiston, Florida 33440 Phone:(863)983-1677 Fax:(863)983-1973 Email: mmc�ahee@mc�aheeperez.com From: Greg Hyden [mailto:GHyden(�nasonyea�er.com] Sent: Monday, June 7, 2021 3:34 PM To: mmc�ahee@mc�aheeperez.com Cc: proberts@mc�aheeperez.com; Carlyn H. Kowalsky <CKowalsl<y@nasonyeager.com>; Stacey Janowitz <SJa nowitz@ nasonvea�er.com> Subject: City of Okeechobee v. South Florida Barbeque Dear Ms. McGahee, I work with Carlyn Kowalsky in the representation of the City of Okeechobee. I have attached a proposed Settlement Agreement to this email. It details the amount owed. Please let me know. G reg Greg Hyden Attorney at Law �c�S0�1�� C' GtfiSUN 1 i�'�E�,K1S & Fllh'1tl:C} i'..•�. � Email: ghvdenCc�nasonyeager.com ,'`r'°K"L�s :`.� -,`titi -3�. i'Uu TeI: 561-982-7114 � Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI � www.nasonyeaqer.com Profile vCard The information contained in this transmission is attomey privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader oFthis message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is sMctly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and remrn the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact infonnation and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. "I'hink Green! Please do not print this e-mail unless absolutely necessary. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 3 Christina Curl From: Sent: To: Cc: Subject: Attachments: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Wednesday, June 9, 2021 4:45 PM Christina Curl; Anthony Smith Greg Hyden; Donald Hagan FW: City of Okeechobee, Florida v. South Florida Barbeque of Okeechobee, Inc.; Case No.: 47 2020 CC 000241 CC AXMX Order.pdf Foreclosure Sale Date for South FL BBQ is August 4t". Greg is in contact with the owner's Attorney (although she is currently out of town). Whatever you can do to contact the properry owner and make it clear to him what needs to be done to remediate the property is helpful. Be sure to document any efforts you make. Carlyn Carlyn H. Kowalsky Attorney at Law �c�_S+��1 �� +�C �t�t��v 3�.+�ttE;i� � r�t��txca 9�.:t. � Email: CKowalsky a nasonyeager.com �+r'�rkNLts. :"' '-'`�� ' `;i. '''�'�' Tel: 561-982-7114 � Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI www.nasonveager.com Profile vCard The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire freud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire trensfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Stacey Janowitz Sent: Wednesday, June 9, 20214:34 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Cc: Greg Hyden <GHyden@nasonyeager.com> Subject: RE: City of Okeechobee, Florida v. South Florida Barbeque of Okeechobee, Inc.; Case No.: 47 2020 CC 000241 CC AXMX Hi Carlyn —the sale has been reset on August 4t" @ 11:00 a.m. Stacey From: Carlyn H. Kowalsky Sent: Monday, June 7, 2021 11:57 AM To: StaceyJanowitz <SJanowitz@nasonvea�er.com> Cc: Greg Hyden <GHvden@nasonyea�er.com> Subject: RE: City of Okeechobee, Florida v. South Florida Barbeque of Okeechobee, Inc.; Case No.: 47 2020 CC 000241 CC AXMX Hi Stacey — When will we have a new date for this foreclosure sale? I want to keep pressure on the defendants Carlyn From: Stacey Janowitz Sent: Wednesday, June 2, 2021 10:25 AM To:'Karen Harris' <HarrisK@circuitl9.or�> Cc: Greg Hyden <GHvden@nasonyea�er.com>; Carlyn H. Kowalsky <CKowalsl<y@nasonyea�er.com>; 'mmcgahee@mcgaheeperez.com' <mmc�ahee�mc�aheeperez.com>;'proberts@mcgaheeperez.com' <proberts@mc�aheeperez.com> Subject: RE: City of Okeechobee, Florida v. South Florida Barbeque of Okeechobee, Inc.; Case No.: 47 2020 CC 000241 CC AXMX Hi Karen — pursuant to our telephone conversation, attached is Plaintiff's Emergency Motion to Postpone Sale set for this morning at 11:00 a.m. and an Order on same. Can you please have the Judge enter the Order and email copies to all parties on this email string? Thanks and have a nice day! Stacey This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 2 Filing # 128439765 E-Filed 06/09/2021 04:30:54 PM IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY OF OKEECHOBEE, FLORIDA, A municipal corporation organized Under the laws of the State of Florida, Plaintiff(s), CASE NO.: 472020CC000241 Division: County Civil vs. SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC., a Florida Profit corporation, Defendant(s). ORDER TO RESCHEDULE FORECLOSURE SALE THIS MATTER came to be considered by the Court without hearing upon the Order on Plaintif£s Emergency Unopposed Morion to Postpone Sale, and the Court having reviewed the pleadings and case file, and being otherwise advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1. The property, which is the subject of this foreclosure, wil1 be sold to the highest and best bidder for cash, at the Okeechobee County Judicial Center, 312 N.W. 3�d Street, Okeechobee, Florida 34972. (Sale held on the second Iloor, Jury Assembly Room), on August 4, 2021 at 11:00 A.M., in accordance with Section 45.031, Florida Statutes. 2. In atl other respects, the terms and conditions of the Default Final Judgment of Foreclosure entered by this Court on Apri116, 2021 shall remain the order and judgment of this Court. 3. Plaintiff s Attorney must complete and submit Notices of Sale to the newspaper and file the notice with the Clerk, with affidavits, no later than the day proceeding the sale. DONE AND ORDERED in Chambers in Okeechobee County, Florida, this � day of June, 2021. C WILLIAM J. W CE County Court Ju Gopies Furnished to: R. Gregory Hyden, Esq. - ghyden@nasonyeager.com South Florida Barbeque of Okeechobee, Inc.,13400 Budler Road, PIainfield, Illinois 60544 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida, CASE NO.: 472020CC000241 CCAXMX Plaintiff, v. SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, 1NC., a Florida profit corporation, Defendant. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is deemed made and entered into on June 11, 2021, by and between the parties, CITY OF OKEECHOBEE, FLORIDA ("City"), South Florida Barbeque of Okeechobee, Inc. ("South Florida Barbeque") (collectively the City and South Florida Barbeque are the "Parties"), in Okeechobee County, Florida. WITNESSETH WHEREAS, this Agreement concerns the property owned by South Florida Barbeque located at 102 SW 14t" Street, Okeechobee, Florida, ("Property"); and WHEREAS, the Magistrate for the City of Okeechobee issued a Lien/Order on July 3, 2019 recorded at OR book 830, Page 83 in Okeechobee County, requiring South Florida Barbeque to correct violations found on its property and requiring that if the violations were not corrected that fines of $50 /day would begin to run starting 30 days from receipt of the Order; and, Page 1 of 6 WHEREAS, this court originally scheduled a foreclosure sale of the South Florida Barbeque property for June 2, 2021; and, WHEREAS, the Parties agreed to postpone the June 2, 2021 foreclosure sale date to allow time for resolution of this matter; and WHEREAS, the Parties mutually desire to resolve their differences by entering into this Agreement; and, WHEREAS, each of the Parties hereto has had an opportunity to receive independent legal advice as to the nature and obligation of the Parties, each to the other, particularly in reference to this Agreement, and each has had an opportunity to become fully informed of his or her respective legal rights, obligations, liabilities and duties; and, WHEREAS, each of the Parties believes that this Agreement is fair, just and reasonable, and each has assented freely and voluntarily to all of its terms without pressure, duress or coercion. Neither has made any promises to the other to induce him/her to enter into this Agreement and both Parties intend to be legally bound by the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions herein contained, and for other good and valuable considerations each to the other given, receipt and sufficiency of which is acknowledged, it is mutually covenanted, promised and agreed as follows: 1. RECITALS. The above recitals are true and correct and are incorporated in their entirety by reference into this Agreement. 2. ADEQUACY OF CONSIDERATION. The consideration for this Agreement is the mutual benefits obtained by the Parties and the promises made by each to the other. The Parties admit the adequacy of consideration for this Agreement. Page 2 of 6 3. REPRESENTATION BY COUNSEL. Each party has had the opportunity to be represented by independent legal counsel of their own selection in the negotiation of this Agreement. The City is represented by R. Gregory Hyden, Esq. and South Florida Barbeque is represented by Melanie McGahee, Esq. The Parties understand the facts and terms of this Agreement and have had adequate opportunity to become fully informed as to their legal rights and obligations and each is signing this Agreement freely and voluntarily, intending to be bound by it. This Agreement is entered without undue influence, fraud, collusion or misrepresentation. 4. REMEDIATION OF THE PROPERTY. As of the date of this agreement, South Florida Barbeque has fully remediated the property and it is in compliance with the City's Code of Ordinances. 5. SETTLEMENT SUM. The Parties acknowledge and agree that the South Florida Barbeque shall pay the City the sum of $33,879.21 ("Settlement Sum") as and for its settlement of the Final Judgment and its post judgment attorney's fees and costs incurred in this action. Settlement Sum shall be paid by certified funds no later than June 11, 2021. If the Settlement Sum is not received by that date, this Agreement is deemed null and void. 6. FUTURE NON-COMPLIANCE. South Florida Barbeque agrees that the property shall remain in compliance during their period of ownership. The Parties acknowledge and agree that should the City issue a Notice of Violation relative to the property, South Florida Barbeque shall remediate the property in no less than 24 hours from the date of receipt of the Notice of Violation. Should it become necessary for the City file any legal action or to seek injunctive relief to obtain compliance with the City's Code of Ordinances, South Florida Barbeque hereby agrees to waive any and all defenses to same. South Florida Barbeque agrees he shall be solely responsible for the City's attorney's fees and costs incurred in any action to bring the Page 3 of 6 property into compliance with the City's Code of Ordinances. Further, South Florida Barbeque agrees, upon notice, that the City shall be entitled to levy a daily fine of $100.00 consistent with Florida Statutes Chapter 162 as may be amended from time to time. 7. MUTUAL REPRESENTATIONS. The Parties represent to each other that each understands and agrees that this Agreement constitutes the entire contract of the Parties. It supersedes any prior understanding or oral agreements between them. Thus, any addendum modification or waiver of any of the terms of this Agreement shall not be effective unless it is expressed in an instrument of equal dignity by the Parties. 8. BENEFIT. All of the provisions of this Agreement shall inure to the benefit of and shall be binding upon the Parties, unless otherwise stated herein. 9. JURISDICTION AND VENUE. Florida law shall govern the validity, construction, interpretation and effect of this Agreement. The Parties agree that the courts of competent jurisdiction sitting in the Circuit Court of the Nineteenth Judicial Circuit, in and for Okeechobee County, Florida shall have exclusive jurisdiction in any suit by the Parties to enforce their rights hereunder, and that venue is proper in that court. 10. COUNTERPARTS. This Agreement may be signed in one counterpart signature or more counterparts each of which, when executed with the same formality and the same manner as the original, shall constitute an original. 11. FAILURE TO ENFORCE. Each of the provisions of this Agreement are separate and independent of one another. Either party may insist upon the waiver of or the right of any party to compel performance of another provision of this Agreement. If any provision of this Agreement is held by a Court of competent jurisdiction to be valid or unenforceable, the remaining provisions shall continue in full force and effect without Page 4 of 6 being impaired or invalidated in any way. However, the Court having jurisdiction may adjust the equities herein to accomplish the intent of the Parties as to any provision held invalid or unenforceable. 12. SEVERABILITY. Each of the provisions of this Agreement are separate and independent of one another. Either party may insist upon the enforcement of any provision of this Agreement without insistence upon the waiver of or the right of any party to compel performance of another provision of this Agreement. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way. However, the Court having jurisdiction may adjust the equities herein to accomplish the intent ofthe Parties as to any provision held invalid or unenforceable. 13. SURVIVAL. Any and all of the terms and provisions of this Agreement shall survive the execution and delivery of this Agreement and shall continue in force and effect indefnitely. 14. ENFORCEMENT OF AGREEMENT. The Circuit Court having jurisdiction over this cause shall retain jurisdiction to enforce all of the terms and provisions of this Agreement and the Final Judgment in this cause shall contain an express provision for the Court to retain jurisdiction for that purpose. 15. ENTIRE AGREEMENT. The parties acknowledge that this Agreement contains the full and complete agreement between and among them, and that there are no oral or implied agreements or understandings not specifically set forth herein. Each party acknowledges that no other party, or attorney of any other party, or any person, firm, corporation or any other entity has Page 5 of 6 made any promise, representation, or warranty, whatsoever, express, implied, or statutory, not contained herein, concerning the subject matter hereof, to induce the execution of this Agreement. 16. MODIFICATION. The parties agree that no modifications of this Agreement may be made unless expressly agreed to in writing by the Parties. 17. PARAGRAPH HEADINGS. The headings of the paragraphs of this Agreement are inserted only for the purpose of convenience of reference, and the parties recognize and agree that these headings may not adequately or accurately describe the contents of the paragraphs which they head. Such headings shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof, nor shall they otherwise be given any legal effect. IN WITNESS WHEREOF, the parties hereto have personally executed this Agreement or have caused this Agreement to be executed by a duly authorized officer and/or agent. SOUTH FLORIDA BARBEQUE signature print name and title date 17_��1�� DATED: CITY OF OKEECHOBEE, FLORIDA R. GREGORY HYDEN, ESQ., Counsel for City Page 6 of 6 IN TT� COUNTY COURT IlV A1VD FOR OKEECHOBEE COUNTY, FLORIDA CA3E. Na,: 472Q20CCQ00241 CC?ixiVIX CITI' OF OI�ECHOSEE, FLORIIIDA, a municipal corporation organized under the laws of the Sfa.te of Florida., Plaintiff, v: SOUTH FLORIDA BARBEQiTE • OF OKEECHOBEE, INC:, a Florida. profitcorporarion, Defendant. ORDER ON PLAIlVTIFF'S EMERGENCY UNOPPOSED MOTION TO POSTPONE SALE THIS CAUSE having. come before the Court on Plaintiff, City of Okeechobee, Florida's, Emergency. Unopposed Motion to Postpone Sale, and the Court ha.ving ieviewed the file and being otherwise fiully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: � 1. Plaintiff's Emergency Unopposed Motion to Postpone Sale is hereby GRATTTBD. 2: The Clerk shall reset the sale wi.thin 45 da.ys from the daxe of this order. DOIVE AND ORDERID in Chambers in Okeechobee, Okeechobee Counry, Florida this 2' day of 7une, 2021. �.�lJL � COUNTY � URT NDGE Copies Ftunished To: Cazlyn H. Kowalsky, Esq. -ckowalsky@nasdnveager.com 750 Park of Commerce Blvd., Suite 210 Boca Raton, FL 33487 Melanie Mc.Crahee; Esq. - mmc�ahee@mcsaheeperez.com McGahee & Perez �i, 417 W. Sugazland Highway Clewiston, FL 33440 South Florida Bazbeque of Okeechobee, Inc. � - 13400 Budler Road Plainfield, Illinois 60544 � Doc No: 1060669 � n Filing # 127923353 E-Filed 06/02/2021 10:21:34 AM IN THE COUNTY COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO.: 472020CC000241 CCAXMX CITY OF OKEECHOBEE, FLORIDA, a municipal corporation organized under the laws of the State of Florida, Plaintiff, u SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC., a Flarida profit corporation, Defendant. / PLAINTIFF'S EMERGENCY UNOPPOSED MOTION TO POSTPONE SALE Plaintiff, City of Okeechobee, Florida, by and through undersigned counsel, hereby files its Emergency Unopposed Motion to Postpone Sale and states as follows: 1. Defendant contacted the City late yesterday in an attempt to resolve this matter and the parties are actively working to reach a settlement. 2. A primary goal of the City is to get the property into compliance. The parties will need additional time to achieve that. WHEREFORE, Plaintiff, City of Okeechobee, Florida, respectfully requests this Court enter an Order Postponing the Sale for 45 days. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the faregoing document has been furnished via Email to: Melanie McGahee, Esq. (mi1�c��hee��l�c�aheeperez.com) (proberts a�1�caaheeperez.com), MeGahee & Perez PL, 417 W. Sugarland Highway, Clewiston, FL 33440 and by U.S. Mail to South Florida Barbeque of Okeechobee, Inc., 13400 Budler Road, Plainfield, Illinois 60544, this 2°d day of June, 2021. Respectfully submitted, NASON, YEAGER, GERSON, HARMS & FLTMERO, P.A. 750 Park of Commerce Blvd., Suite 210 Boca Raton, Florida 33487 Telephone: (561) 982-7114 Facsimile: (561) 982-7116 E-maiL• cicowalsk a,nasonveaeer.com Attorneys for the Plaintiff Florida Bar No.: 0558672 By: /s/ ,y�s �f, zou�a��uy CARLYN H. KOWALSKY Doc No: 1060664 Christina Curl From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Wednesday, June 2, 2021 9:46 AM To: Christina Curl; Anthony Smith; Donald Hagan Subject: FW: South Florida Barbeque foreclosure sale today Carlyn H. Kowalsky Attorney at Law EmaiL• CKovvalskyCa>nasonyeager.com Tel: 561-982-7114 � Fax: 561-982-7116 Mobile: 561-248-3922 Profile vCard _ �1�Sc�r�Y+�a �r - � ..� ___ ___ _ t;t�UlV 1LM1,EtfilS ��. tL1f11tKf�. 1'.:'l. r\I S4RN1}�5 .^�.7 _P�15 L��l. I'.11�U 750 Park of Commerce Blvd., Suite 210 �Boca Raton �FI www. nasonveager.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire trensfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Carlyn H. Kowalsky Sent: Wednesday, June 2, 20219:45 AM To:'PRoberts@magaheeperez.com' <PRoberts@magaheeperez.com> Subject: South Florida Barbeque foreclosure sale today Dear Ms. Magahee I returned your call from late yesterday but did not get an answer last evening. So, this morning I have spoken with Peggy from your office. Fines and costs to resolve the lien are estimated to be in the range of $35,000 — 38,0000. We can have an exact number prior to final settlement As requested, the City agrees to postpone the hearing today to allow time for the parties to resolve this matter provided that South Florida Barbeque executes a settlement agreement within the next 30 days containing the following provisions. 1. Property owner will pay all fines and costs of the City up to the date of settlement (estimated above). 2. Properry owner will immediately bring the property into compliance. 3. Properry owner agrees to automatic daily fines in the event of future non-compliance. We are preparing a motion to submit to the judge to postpone the sale if you agree to the terms listed above. We have spoken to the Judge's office about this. Please reply that your client agrees to these terms. Carlyn Kowalsky Attorney for the City of Okeechobee This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http:l/www.mimecast.com _ _ __ r� IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY OF OKEECHOBEE, FLORIDA, a municipal corporation organized under the laws of the State of Florida, Plaintiff, v. Case No.: 47 2020 CC 000241 CC AXMX SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC., a Florida Profit corporation, Defendant. / AFFIDAVIT OF ANTHONY SMITH STATE OF FLORIDA ) ) ss: COUNTY OF OKEECHOBEE ) BEFORE ME, a notary public, duly authorized to administer oaths and take acknowledgments, personally appeared ANTHONY SMITH, affiant herein, who, being frst duly sworn, deposes and says: 1. I am over the age of eighteen (18) years and I make this Affidavit based upon my personal knowledge. 2. I act as a code compliance officer for the City of Okeechobee. ("City"). 3. The Defendants own real property located at 102 S.W. 14th Street, Okeechobee, Florida 34996 ("Property"). 4. By way of background, the City observed that the Property was in violation of Chapter 30, Section 30-43 of the City's Code of Ordinances. The matter was eventually referred to the Code Enforcement Board in matter number 180412010. 5. The Code Enforcement Board subsequently entered a Lien/Order imposing a fine of $50.00 per day beginning December 1, 2019 until the violations were correct. 6. The Lien/Order is recorded in Book 830, Page 83 of the Official Records of Okeechobee County, Florida. 7. The Defendants were subsequently advised that the daily fines of $50.00 had accrued for over 90 days and that this could result in foreclosure. In addition to the various mailings, the City has posted notice(s) of lien on the Property itself. 10. As of the 90t" day, and at all times since, the said lien has not been satisfied and the Property has not come into compliance with the City's Code of Ordinances. 11. Through the date of the hearing, on the Motion for Default Final Judgment, the amounts due on this account will be: A. Fines (good through April l, 2021) B. Attorney's Fees Total: FURTHER AFFIANT SAYETH NAUGHT. $24,250.00 $4,060.45 $28,310.45 CITY OF O EECHOBEE CODE C PL C By: It : STATE OF FLORIDA COUNTY OF OKEECHOBEE ) ) ss: ) Sworn to (or affirmed) and subscribed before, by means of � physical presence or ❑ online notarization, me this � day of March, 2021, by Anthony Smith, who is [�personally /` known to me or ❑ provided the following identification: � � � Notary Public - State of Flori a NOTARY PUBLIC State of Florida at Large My Commission Expires: I �/� �/ �pa, � Doc No: 1029683 �,►�'' � Notary Public State ot Flonde , Christina Curl �,, p My Comm�ssion GG 761200 "�i��,d� Expues 11l16/2021 IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY OF OKEECHOBEE, FLORIDA, a municipal corporation organized under the laws of the State of Florida, Plaintiff, v. Case No.: 47 2020 CC 000241 CC AXMX SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC., a Florida Profit corporation, Defendant. / PLAINTIFF'S MOTION FOR DEFAULT FINAL JUDGMENT COMES NOW, Plaintiff, CITY OF OKEECHOBEE, FLORIDA ("City" or "Plaintiffl'), by and through the undersigned counsel, files this its Motion for Default Final Judgment adverse to the Defendant, SOUTH FLORIDA BARBEQL7E OF OKEECHOBEE, INC. ("Defendant"), in support thereof states: Procedural Background 1. This is an action to foreclose a municipal lien wherein the City filed its Complaint on December 18, 2020. 2. The Summons was issued to the Defendant on December 18, 2020. Thereafter, the Defendant was served on February 8, 2021. A true and correct copy of the Return of Service is attached hereto as Exhibit "A" and incorporated by reference herein. 3. Pursuant to Florida Rule of Civil Procedure 1.1.40, the Defendant had twenty (20) days to file a responsive pleading. To date, the Defendant has failed to file any pleading in this matter. 4. A Clerk's Default was entered against the Defendant on March 3, 2021. A true and correct copy of the Clerk's Default is attached hereto as Exhibit "S" and incorporated by reference herein. Factual Back�round 5. The Defendant owns real property situated in Okeechobee County, Florida located at 102 S.W. 14th Street, Okeechobee, Florida 34996 and legally described as follows: Lots 4, 5, 6, 10, 11 and 12, Block 22, SOUTH OKEECHOBEE, according to the plat thereof, recorded in Plat Book 3, page 37, Public Records of St. Lucie County, Florida, a copy of said plat also being recorded in Plat Book 5, page 7, Public Records of Okeechobee County, Florida. TOGETHER WITH: A 15 foot wide alley in Block 22, South Okeechobee as recorded in Plat Book 1, page 12, Public Records, Okeechobee County Florida, more particularly described as that alley running North and South between Lots4, 5 and 6 and Lots 10, 11 and 12, a copy of said plat also being recorded in Plat Book 5, page 7, Public Records of Okeechobee County, Florida. ("Property"). A true and correct copy of the Deed is attached hereto as Exhibit "C" and incorporated by reference herein. 6. The Property is not homestead property and not otherwise exeinpt under Article X, Section 4(a) of the Florida Constitution. 7. By way of background, the City observed that the Property was in violation of Chapter 30, Section 30-43 of the City's Code of Ordinances. The matter was eventually referred to the Code Enforcement Board in matter number 180412010. 8. The Code Enforcement Board subsequently entered a Lien/Order imposing a fine of $50.00 per day beginning December 1, 2019 until the violations were correct. The Lien/ Order is recorded in Book 830, Page 83 of the Official Records of Okeechobee County, Florida. A true and correct copy of the Lien/Order is attached hereto as Exhibit "D" and incorporated by reference herein. 9. The Defendants were subsequently advised that the daily fines of $50.00 had accrued for over 90 days and that this could result in foreclosure. In addition to the various mailings, the City has posted notice(s) of lien on the Property itself. 10. As of the 90th day, and at all times since, the said lien has not been satisfied and the Property has not come into compliance with the City's Code of Ordinances. 11. Pursuant to Florida Statutes Section 162.09(3), an "order imposing a fine....shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator....After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest." 12. As such, the City requests that this Court enter a Default Final Judgment and foreclosing the Lien on this Property. The City attaches hereto as Exhibit "E" and incorporated by reference herein, the following Affidavits in support of its Motion for Default Final Judgment: A. Affidavit of Default Amounts Due; and, B. Affidavit of Attorney's Fees and Costs. WHEREFORE, the City respectfully requests that this Court enter a Default Final Judgment granting all relief requested herein and for any and all other relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day of March 2021, a true and accurate copy of the foregoing has been furnished via certified and regular mail to the Defendant at 13400 Budler Road, Plainfield, Illinois 60544. Respectfully submitted, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. 750 Park of Commerce Boulevard, Suite 210 Boca Raton, Florida 33487 Telephone: (561) 982-7114 Facsimile: (561) 982-7116 Email: �hvden,ct i�asunvca�er.com S��lIIO��V IiZ,�Il1SOtl Ve1�._Tel'.00111 Attorneys for the City By: /s/ � �ney°uy ?fi�de� R. Gregory Hyden, Esq. FBN: 50839 Doc No: 1029676 IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY OF OKEECHOBEE, FLORIDA, a municipal corporation organized under the laws of the State of Florida, Plaintiff, v. SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC., a Florida Profit corporation, Defendant. / Case No.: 47 2020 CC 000241 CC AXMX DEFAULT FINAL JUDGMENT OF FORECLOSURE THIS CAUSE came before the Court upon the Plaintiff, CITY OF OKEECHOBEE, FLORIDA ("CiTy"), Motion for Default Final Judgment, and the Court having reviewed the file and being otherwise duly advised in the premises, it is hereby, ORDERED AND ADJUDGED as follows: 1. The City's Motion for Default Final Judgment is GRANTED. 2. The City, whose address is located at 102 S.W. 14th Street, Okeechobee, Florida 34996, is due: Lien Fines: $24,250.00 Attorney's Fees and Costs $4,060.45 Finding as to reasonable number of hours: 12.8 Finding as to reasonable hourly rate: $275.00 Attorney's fee total: $3,292.50 Court costs, now taYed: $ 767.95 TOTAL: $28,310.45 3. The above-noted j udgment shall bear interest at the rate of 4.31 % a year. 4. The City holds a lien for the total sum superior to all claims or estates of the Defendant on the following-described property in Okeechobee County, Florida: Lots 4, 5, 6, 10, 11 and 12, Block 22, SOUTH OKEECHOBEE, according to the plat thereof, recorded in Plat Book 3, page 37, Public Records of St. Lucie County, Florida, a copy of said plat also being recorded in Plat Book 5, page 7, Public Records of Okeechobee County, Florida. TOGETHER WITH: A 15 foot wide alley in Block 22, South Okeechobee as recorded in Plat Book 1, page 12, Public Records, Okeechobee County Florida, more particularly described as that alley running North and South between Lots4, 5 and 6 and Lots 10, 11 and 12, a copy of said plat also being recorded in Plat Book 5, page 7, Public Records of Okeechobee County, Florida. 5. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on , to the highest bidder for cash, except as prescribed in Paragraph 5; in accordance with Section 45.031, Florida Statutes, using the following method: Wednesdays at 11:00 am, 312 North West 3rd Street, Okeechobee, Florida. (Sale held on the second floor, Jury Assembly Room) 6. The City shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if the City is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certiiicate of title. If the City is the purchaser, the clerk shall credit the City's bid with the total sum with interest and costs accruing subsequent to this judgment, or such part as is necessary to pay the bid in full. 7. On filing the Certificate of Title, the clerk shall distribute the proceeds of the sale, so far as they are suffcient, by paying: first, all of the City's costs; second, documentary stamps affixed to the certificate; third, the City's attorney's fees; fourth, the total sum due to City, less the items paid, plus interest at the rate prescribed in paragraph 2 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this Court. 8. On filing the Certifcate of Sale, the Defendant and all persons claiming under or against Defendant since the fling of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property, except as to the claims or rights under Chapter 718 or Chapter 720, Florida Statutes, if any. Under the filing of the Certificate of Title, the person named on the Certificate of Title shall be let into possession of the property. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION, AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE 1N ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, OKEECHOBEE COUNTY COURTHOUSE, 312 NW 3rd Street, Okeechobee, Florida, (863) 763-2131, WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN. ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOD UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER 1NFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT OKEECHOBEE COUNTY LEGAL AID SOCIETY, 510 SOUTH US HIGHWAY 1, FORT PIERCE, FLORIDA 33401, (772) 466-4766, TO SEE IF YOU QUALITY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT PALM BEACH COUNTY LEGAL AID SOCIETY FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE AND ORDERED in Chambers in Okeechobee, Okeechobee County, Florida, on this day of , 2021. CIRCUIT COURT JUDGE Copies Furnished To: R. Gregory Hyden, Esq. — �Thvden�nasonvea<�er.com South Florida Barbeque of Okeechobee, Inc. - 13400 Budler Road, Plainfield, Illinois 60544. Doc No: 1029679 'y.�'� ¢�'1 .�"'3t 1 , il �� 'r.� � 6w , � �'`I. �; �I . .. 4.,y -. .. i Lane Gamiotea S• F� 6�3Q L�'e� �k From: Sent: To: Cc: Subject: Dear City Council- City Attorney Friday, April 16, 2021 5:50 PM Marcos Montes De Oca Carlyn H. Kowalsky; Missy Hernandez; Robin Brock Ordinances/Lien Foreclosure Cases -- City Attorney Update This is to provide you with an update of code enforcement and related matters which the City Attorney's office is working on. Ordinances: The code enforcement ordinance is being updated to, among other things, reflect that the City has a magistrate process rather than a code enforcement board and increasing the administrative fee. The updated ordinance will be presented for final reading at the City Council meeting on May 18, 2021. The updated ordinance will ensure that the City's code is consistent with the authority provided by Florida statutes. The revised ordinance will include the changes requested by City Council following the first reading. I will be scheduling individual briefings with each of you to go over this ordinance before it is presented to you for adoption. Lien Foreclosure Cases: 502 S.E. 10t" Avenue (City of Okeechobee v. Cappetta): this is a lien foreclosure case wherein, per direction from City Council, we filed the Complaint on October 30, 2020. We proceeded expeditiously and filed our Motion for Default Final Judgment on January 1, 2021 which was granted on February 17, 2021. The property was auctioned off on April 14, 2021. We are awaiting the Certificate of Title to determine who the new record owner is. The property is subject to existing tax lien certificates so it is possible that the property will have a new owner when the Tax Collector sets the tax lien certificate sale. 914 NW 2"d Street (City of Okeechobee v. Rodriguez): this was a lien foreclosure case wherein, per direction from City Council, we filed the Complaint on November 2, 2020. The matter was resolved via a Settlement Agreement entered into in February 2021. Therein, the Plaintiff agreed to pay the majority of the fines and all of the attorney's fees and costs. The Plaintiff further brought the property fully into compliance with the City's Code of Ordinances. We filed a Notice of Dismissal on March 10, 2021. 900 SW 2"d Avenue (City of Okeechobee v. Kemp): this is a lien foreclosure case wherein the City's prior attorney filed the Complaint on September 19, 2021. Upon being retained, we proceeded expeditiously and filed our Motion for Default Final Judgment on November 5, 2020 which was granted on December 11, 2021. The property was auctioned off on April 14, 2021. We are awaiting the Certificate of Title to determine who the new record owner is. The property is subject to existing tax lien certificates so it is possible that the property will have a new owner when the Tax Collector sets the tax lien certificate sale. 1905 S. Parrott Avenue (City of Okeechobee v. Brantley): this is a post-judgment matter we inherited from prior counsel. At the direction of City Council we procured an Order of Contempt against Brantley on September 21, 2020. As Brantley did not pay, we procured a monetary Judgment in the sum of $16,047.50 on November 19, 2020. In an effort to collect on the Judgment, we have set the matter for a Sheriff's Levy Sale. The Brantley's have offered to pay the Judgment in full and pay for all post- judgment attorney's fees and costs. 102 SW 14t" Street (City of Okeechobee v. South Florida Barbeque): this was a lien foreclosure case wherein, per direction from City Council, we filed the Complaint on December 18, 2020. The hearing on our Motion for Default Final Judgment was held on March 16, 2021. The Judge granted the Motion and the property will be sold at auction on June 7, 2021. We will receive the order shortly. 100 N. Park Street (Walgreens): This settlement proposal is on the City Council meeting for consideration on April 20, 2021. 1206 SW 5th Avenue (City of Okeechobee v. Mills): - City Council approved the settlement in this case on April 6, 2021. This matter is now closed. Other code enforcement activities: As you've heard, there is a lack of formal training for the city's new code enforcement staff because of a backlog created due to the pandemic. In its place, our office is continuing to work with staff to provide training to staff concerning the legal and practical requirements of code enforcement, and documenting cases. We are also working with them to update code enforcement forms, develop consistency, and help streamline the process. As always, should you have any questions or comments regarding code enforcement matters, please do not hesitate to contact me or Carlyn Kowalsky. � 4 •- �. � � � �� y ��'. Lane Gamiotea S�. �+- $BQ Li� Frc.c._ From: Sent: To: Cc: Subject: See below. John Fumero <JFumero@nasonyeager.com> Thursday, April 1 S, 2021 11:51 AM Bobbie Jenkins; Lane Gamiotea Carlyn H. Kowalsky; Greg Hyden Litigation Status Memo City of Okeeclzobee v Marvin Srantley, Case Number: 2004 CA 000309: The Court entered an Order Finding Defendant in Contempt of Court on September 21, 2020. Per that Order, if Mr. Brantley did not pay the fines and City's attorney's fees or enter into an agreed payment plan within 45 days, the City could file an Affidavit on same and get a judgment entered against him. We filed the Affidavit of Defendant's Non-Compliance with September 21, 2020 Order Finding Defendant in Contempt of Court on November 5, 2020. Also on November 5, 2020 we sent the Judge a letter enclosing both the Affidavit and a proposed judgment. We received the Final Judgment on November 19, 2020. We had it recorded in both Palm Beach County and Okeechobee County to create a judgment lien and had it recorded with the Florida Secretary of State so that it would become a judgment lien certificate. We had the Clerk issue a Writ of Possession and we are in the process of collecting what is needed to have the County Sheriff levy the property, i.e. sell it at an auction. City of Okeeclzobee v Teresa C�ppetta et al., Case Number 47 2020 CC 000189 CC AX MX: The City filed its foreclosure action along with discovery requests on November 2, 2020. All of the Defendants have been served. None have filed answers. Thus, we filed a Motion for Clerk's default against Teresa Cappetta (which was granted) and Roy Conerly (which is pending). We will file a Motion for Clerk's Default against Mary Conerly after the expiration of 20 days from her date of service. We will proceed with a Motion for Default Final Judgment once Clerk's Defaults are entered against all of the Defendants. City of Okeechobee v Gloria Rodriguez et al,. Case Number 47 2020 CC 000190 A: The City filed its foreclosure action on November 2, 2020 and its discovery requests on November 6, 2020. Noe Rodriguez has been served. We have been in communication with Colin Cameron, Esq., counsel for the property owners. They have demolished the house and are working with the City to bring the property into compliance. Colin Cameron, Esq. has been advised that the property owners will need to reimburse the City for its attorney's fees and that they can fill out a fine reduction request form, which is available from the City Code Enforcement office. We have entered into a"gentleman's agreement" with Colin Cameron, Esq. which abates the case until January 31, 2021. Colin Cameron, Esq. has made a settlement offer to resolve the case. City of Okeeclaobee v Brenda Kemp et �1., Case Number 2019 CA 253: On November 5, 2020 we filed the City's Motion for Default Final Judgment. That was granted on December 11, 2020. At the December 11, 2020 hearing, Ben Purvis expressed a desire to resolve the outstanding code violations and/or sell the property. As such the Judge scheduled a foreclosure sale date on April 14, 2021 to give him time to attempt to remediate the property or sell it. City of Okeechobee v. Earbarc� Mills, Case Number 2020 000194 CC AXMX: The City filled its foreclosure action on November 6, 2020. Richard Mills, the Personal Representative of the Estate of Barbara Mills, was served on November 10, 2020. As there is an open probate case in Palm Beach County, we filed a Statement of Claim in that matter. During the pendency of the case, he sold the property to Mr. Feltonberg. As a result, we i will dismiss this case as the code enforcement lien encumbers the property not Richard Mills. Mr. Feltonberg has expressed a desire to seek a lien reduction. We will also need to file a Satisfaction of Claim in the probate case. City of Okeecliobee u Crystal I, LLC, Case Number: 2017 CA 218: We filed the Motion for Default Final Judgment on October 28, 2020. The Court granted our Motion and entered a Final Judgment on November 17, 2020. The auction will be held on January 6, 2021. If the property is not purchased at auction, we will seek a new sale date. City of Okeec/zobee v South Florid� Barbeque, Case Number: 2020 CC 000241A: The City filed its foreclosure action on December 18, 2020. The Clerk issued the summons on December 21, 2020 and we are attempting to serve the Defendant's agent. We are waiting on the City Council to approve moving forward on the following: 100 N. Park Street ("Walgreens") 510 N.E. Park Street ("Fortex Holdings, LLC") 1004 N. W. 6�h Street (Melear/Jordan property) ]ohn .7. Fumero Attorney at Law eoard Certified State & Federal Government & Administrative Prattice Lawyer Email: ifumeroCa�nasonveaaer.com Tel: 561-314-3999 � Fax:561-982-7116 Profile vCard �,C�Rfjj fij -��,, :4''' (� �';�; �;E�� ,� �4r � er;��`'4C ST�ifc & F��EH,1F_ GOVEFU!.f[f��T 8, �SFlMlhllSTR�tiCI',�E f�R.A�T:�E �,..1 Nason Yea er __ __—....____ _------_ _.._ .. .-- .._... GER50� l�V�RRIS & FUMERQ. P.A. A"fTORNLYS AT LA4V � Csl. k960 750 Park of Commerce Blvd., Suite 210 �Boca Raton �I �33487 www.nasonveaaer.com The information contained in this trensmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the originai message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire freud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire trensfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire trensfer instructions prior to sending funds pursuant to such wire trensfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. . � ._...,� � _ ,,..,.... ,._�... , .,.....,. ,._.,�....�........, ...._.M.�_�. . .... . ,.._,,_,_. . . .. .,...., ,.. T .,... .,. ,.r.._ ...,. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com Christina Curl From: Sent: To: Cc: Subject: Attachments: Dear Mr. Smith and Ms. Curl, Greg Hyden <GHyden@nasonyeager.com> Wednesday, March 3, 2021 10:55 AM Anthony Smith; Christina Curl City Attorney; Carlyn H. Kowalsky; Missy Hernandez; Stacey Janowitz City of Okeechobee v. South Florida Barbeque of Okeechobee Default 03-03-21.pdf Please find attached to this email, the Clerk's Default entered against South Florida Barbeque. In the coming weeks, we will file a Motion for Default Final Judgment. Thanks! G reg Greg Hyden Attorney at Law Email: ahvdenCa�nasonyeaqer.com Tel: 561-982-7114 � Fax: 561-982-7116 Profile vCard \.1 �►1a�On �'�� i � t�L-h,5t3[ti 1 i.'1KK15 � tLlM]thU l'.;i. � ;��,� ,i�flNlS�i� ... �.h45 _.t. ;9u0 750 Park of Commerce Blvd., Suite 210 �Boca Raton �FI www.nasonyea4er.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager co�taining wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire trensfer instructions prior to sending funds pursuant to such wire transfer instructions. 7hink 6reen! Please do not printthis e-mail unless absolutely necessary. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http:!/www.mimecast.com 1 IN THE COUNTY COURT OF THE NINETENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CITY OF OKEECHOBEE, FLORIDA, a municipal corporation organized under tt�e laws of the State of Florida, Plaintiff, v. SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC., a Florida profit corporation, Defendant. CASE NO.: 472020CC000241CCAXMX DEFAULT A default is entered in this action against Defendant, SOUTH FLORIDA BARBEQUE OF '1 OKEECHOBEE, INC. for failure to serve or fite a response or any paper as required by taw. Dated:� �,��C� I CLERK OF THE COUNTY COURT (SEAL) n - By: I t� �.' F Deputy Clerk �L3,, Capies Fumished To: V � �� R. Gregory Hyden, Esq., - ghd en .nasoneager.com; sjanowitz af?.nasonYeager.com) r` "�' O�=,�", Nason, Yeager, Gerson, Harris & Fumero, P.A. �. � � 750 Park of Commerce Blvd., Suite 210 ��`�, z �"tf.�,, Boca Raton, FL 33487 '';;.;:, -. Soutfi Florida $arbeque of Okeeehobee, lnc. c% Register�ed Agent Dale Coynt 13400 Budier Road Plainfitld, Itlinois 60544 and 2920 S.E. Dune Drive, Unit 340 $tuart, F10ridA 34996 a�`" x v o �, � ��c �. �,`"sm �7 [� :+»Z, r`r',^',.'�{K 2 �� i � � r,a � � iir � �i � c�' rn cx-sv �� rtit� ;�� h �m � -� 0 -•: c� �,. Christina Curl From: Greg Hyden <GHyden@nasonyeager.com> Sent: Wednesday, February 10, 2021 8:55 AM To: Christina Curl; Anthony Smith Cc: Donald Hagan; Carlyn H. Kowalsky; John Fumero; Stacey Janowitz; Missy Hernandez Subject: FW: SERVICE OF COURT DOCUMENT CASE NUMBER 472020CC000241 CCAXMX CITY Attachments: Follow Up Flag: Flag Status: OF OKEECHOBEE FLORIDA VS SOUTH FLORIDA BARBEQUE OF OKEE Summons Returned Served.pdf Follow up Flagged Great news! We got South Florida Barbeque served! It appeared that the Registered Agent was avoiding service. He now has twenty days to file a responsive pleading. G reg Greg Hyden Attorney at Law 1 NaS�n �Y�a �ei _ _ �:� a�:�. � ■ U��n � ��r:�s � Fun�i , Email: ghvdenCa�nasonveager.com ;ti� �u�:r��.;� :1� _nti� ��. 3:�,�c� Tel: 561-982-7114 � Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 � Boca Raton � FI www.nasonvea4er.com Profile vCard The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are herehy notified that any dissemination, distribution or copying ofthis communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: eservice@myflcourtaccess.com [mailto:eservice@myflcourtaccess.com] Sent: Wednesday, February 10, 20218:43 AM Subject: SERVICE OF COURT DOCUMENT CASE NUMBER 472020CC000241CCAXMX CITY OF OKEECHOBEE FLORIDA VS SOUTH FLORIDA BARBEQUE OF OKEE Notice of Service of Court Documents Filing Information Filing #: 121124260 Filing Time: Filer: Court: Case #: Court Case #: Case Style: Documents 02/10/2021 08:43:12 AM ET Robert Gregory Hyden 561-982-7114 Nineteenth Judicial Circuit in and for Okeechobee County, Florida 472020CC000241 CCAXMX 2020000241 CCAXMX CITY OF OKEECHOBEE FLORIDA VS SOUTH FLORIDA BARBEQUE OF OKEE of Service for So. Fla. Barbeque.pdf Returned Served E-service recipients selected for service: mail Address o Matching Entries This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Thank you, The Florida Courts E-Filing Portal request_id#:121124260;Audit#:410717969;UCN#:472020CC000241CCAXMX; This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 2 E-service recipients not selected for service: Filing # 121124260 E-Filed 02/10/2021 08:43:12 AM MajesHc Prxess 1Q08 North Lakes9de Drive, Lake Worth, Ftwida 3346t} Tel: 561•310-4690 REiURN 0� SERVICE Case no.: 47 2020 CC 244 A Court: Okeechabee Covnty, Florida Plairrtiff: C17Y OF OKEEtHOBEE, �LORtDA Defendant: SOUTH F�.ORIDA BARBEQUE OF OKEECHOB�E, INC. Hearirx3 Date: 2Q days � Writ: Summons, Cwnplaint, Exhibits, Lis Pendens, it�quest for Praluction, �,equest for Admissions, Interragatories + Not#ce For: R G�egory HYden, Esq, 't0 6E SFRVED ON: SOUi'li i-lORIDA SARBECUE OP flKEECHOBEE, iNC. cIo Registered Ager�t Qaie Coyne 13400 Budter Read, Plainfietd, 1llinois b0544 This process was received by Majestic Process on December 21, 2QZ0 at S;UO p.m. t, Anthon Roscoe QX�u�� e on February 8 � 20 21 , at 4:59 a.m. p.m by deiiverfng a capy of this praess in accordar�ce with state statutes in ttre manner below: �CORPQR,4TE SERVICE: Served Jeanetie Gaffey as Office Manaqer NON SQtVtCE: For the reasons in the camments below. DESCRIPTION: se�_ age 60's race W height �. 6,� weight 170 fiair Gray eyes other marks Glasses Ct�MMENTS: 1 certify that I arrr over the age af 18, have no interest in the dbave actton, and have proper authority in the jurisdiction ie which this seMce was made. Under penatty of perjury, 1 tlecla� that the facts set ferth in the foregoing Retum of Service are tn� and correct� Subscribed ta and swom to before me, by means of physical presence or ne nota�ization Sign ure ihis day of _g=�;�� Zfl� Process Se # b,Y the affiant who is perso ly known to me. in Good Stand�g frt the court in �%(� J� . wMch tMs w8s served OFFICIW. SEAL ASHL�Y lNGRAM NOTARY PUQI.IC ;STATE OF ILLINOJS MY COMMiS,S10N EXPIRES:U8123/22 i �_ V�C.? : � J (7 J�O� F'iling # l 1844855$ E-Filed 12I18/2020 l 1:27:32 AM IN T"HE COUNTY COURT OF THE NINETENTH JUDICtAL CIRCUiT iN AND FOR OKEECHOBEE COUNZ'Y, FLORIDA GTTY OF OKBECfi�BEE, FLORIDA, a rnunicrpai corparation organized under the laws of the State of Ftorida, GASE NO.: 3��I 0��',.O�lo�� A Plaintiff, V. SOUTH FLORIDA BARBEQUE OF OICEECHOBEE, INC_, a Flocida profit corporation, Defendant SUMMONS: PERSONAL SERVICE ON A tilATURAL PERSON TO DEFENiDANT(S): SOUTH FLUiilDA BARBEQUE QF OfCEECNOBEE, INC. BY SERVING 1'CS REGISTERED AGENTt DALE CUYNE 2920 SE UUNE DRIVE, #3d0 5'1'tJART, FL 34996 IMPORTANT A lawsuit has been fited against you. You have 20 cs�lendar days atier this summons is served on you to file a written response to the attached comptaindpetition with the clerk of this circuit court. A phone cali wiit not protect you_ Your written response, inctuding thc case number given above and the names of the parties, must be filed if yau want the court to h�ar your side of the case. If you do not file your written response on time, you may lose the case, and your wages, money, and property rnay thereafi�er be take� without further waming &om the court There are other legat requirements. You may want to call an suomey right away. If yuu do not know an attorney, you may call an attomey referral service or a lega! aid office (listed in the phone book). Ii' you choose to file a written response y�ourself, at the same time you file your writt�n ressponse to the court you musi also mail or take a copy of your written resperose to the "Pi�intifi7f'lainti#�s Attorne}�' cutmcd below. R Gregory Hyden, Esq. NASON, YEAGER, GERSON, NARRIS & FUMERO, P.A. 750 Pxrk of Commerce BWd,, Ste. 210 Eledroniplly Filed Okeect�obee Case # 20200Q0241CCAXMX f2/18/2020 11:27:32 AM Boc* Ra�toa, P1a�ida 33�18i Tekplrao� {56t} 686�33�'7 ��i- � ' • �..r ' -- � i � EA+�:H SNEKIFF Cl�' Tti�: STATE: You �rz; commar�dad to secve this summtons and a copy of ttze complair�V'p+ctaUion � thrs la�wvsuic aa th�e ab�vve nained �defcndant(s�, lf y�u �r� � petsan with � dxsability who n�ds a�y �omrnc�da�t�bn in c�rder ta participate s� titis pr�ceedin�, y�u �are etttitl�i, �t t1c� t�s� ta� yvu, ta the prov�s�ic�n of certair� assistt�nn�ee_ Ple� contact Lisa� DiLucente-Jaramilla, 250 NW C'ountry Club I?rive, Suite 217, Po�t St. Let�i�, �'L ��18b, (772) 8U7��7Q at least 7 ciays be�i�r� yaur schcaduted cc�urt a�pe�ranc�, pr immediatet}r upe�n receiving this notif�c�tic�n if the tim� b�fcrre the �hedakd a�earance "cs less it�aua ? days; if you are hearing or voice impaired, call ? l I. St'A CV1SN. Si u�tcd cs una p�rscrna discapa�itada quc nc�esiia atgun tipn de ad�ruacivn �ara pt�der participar dc est� �rra�e�irniento, usied tien� dtrechu a que se le ayud� hasta cierto punta y sin cosxa alguno. Far favor comurriques� con Lisa DiZ,u+cente-Jararnillo, 250 NW C�untry Club Drive, Suit� 217, l'ort S�. E.uci�c, Fl� 3498b, �772} 80?-437'0, al m,e�a� ? dias a�t�s ti� s�t fic�h�t �ie compurecencia c� inmediatamente ctcspues de haber �ecibidt� esta natif c�cibn si faltan rn+enos dc 7 diaa para su cita en el tribunat. Si tiene discapacidad auditiva a de �abla, llame �i 71 I. I�ItEYOL. Si ou se yam m�an ki a�dikape epi t�u bezwen n�npot akom�adasyan pou ar� ka patisipe nan pw+ose sa-a, ou gc� dwa, san ou pa gen pou-ou peye anycar gau ya ba-au yan sesi de a�sistarts, 1`anpri kontaktc Ljsu Dii.u�c�te-Jaramalin. 250 NW Cc�unir�r Cluh Thi�re* Suite �E7x Pvri S!. Ia�cie �`L 345�86, (77�j �U7-437�10mwen 7 jou $t$v�ns jau ou geA pou-Qu pat'�t n�t R�tibun�-Cu, ou�5wa imedyatman kote ou resevwa notifi�kssyon-an si ke li mwerts Ict 7 jou; si au soud ouswa bebc, rele 7I1_ � • � ► � �a - . .�+�, s SMURON RtlBERTSON GT.E�K C7F THE C��1NT'�' C�thtT I: i1 � � . tl�l ' �. , r i r� � {S�Yr.) Dur: Na 0'1.AdmiNi�i{itl.�?VGSK'�ty nf Oi�eechabtt v. S. �� A�bequd'Summooa Okeechobee Citv. Florida Code Compliance Department IN RE: The Matter of Complaint #� y, �'J � l �� /J � �� •��,7-' ��I.�;:�atY;�� 21!90 �,�, d� `U �� o c�-v Respondent(s) Request for Reduction of Accrued Fine I, -i/!�.�. �� .:�:.u� ��''�'=�'� hereby request a reduction of a fine imposed in the above referenced case and in support thereof would sta�e the follo g formation: �. My name and current mailing address are: o � , �� L-r � n� � %-� y 0 G 1�vzl'��ir-- �.,t� � l�cva �� V s, �Z' L-�l� %� jJ 2. Physical address of the property which was the subject of the violation: / l� Z � +� i �-f -� �%�7 U f°� .P, �,�,� -%.u. �. i � �.,� � �f'"L 3. A Fine in the amount of $ �� per day was imposed on the following date: �_,� � 1`i 4. The viqlatyons were corrected, and I was advised that the property came into compliance on the following date: s'/�rf �� r'J. I am requesting that the accrued fine be reduced from $ 2 L� ��' C` Ta -- /.' —` 6. The accrued fine amount should be reduced because: .!� / ; (.ry �aFe %GiL UG�'r, �':%J S��Sryt,e�r�'� ,o�l.k�, <�ifr�,��iic Cr'�2C�flr�� Ui2 U2]� Si �� Q`! �Y4i21' v� � � �6'! t9zv �)✓! �' i �r u f;�� ( ��r''��il �'L—lj e 7. I Understand That I Must Be Present and Personally Appear Before the Code Enforcement Special Magistrate to Present and Defend This Request for A Reduction in The Fine. If I cannot personally appear, I hereby designate the following person to appear in my place: ( � /1��, �, c (" Signature of Respondent Date: Signature of Res ondent DaYe: �/ � � The forgoing instrum n was sworn to (or irmed) and bscribed before me, by means of �physical presence or notarization this �_ day of � 20 c�� B� � and _ who produced as identification. � � Signature of Notary Public - State of Florida Print/Type/Stamped Name of Notary My commission expires: _,� � �� ,Jr.r Notary Publ�c State of Florida :°' %� Christina Curl N,ll� r My Comm�$s�on GG 161200 ?y�� Expirac 1i11912021 online 114 VI. NEW BUSINESS CONTINUED ITEM A. CONTINUED: Motion by Council Member Jarriel, seconded by Council Member Keefe to approve the first reading and set December 1, 2020, as a Final Public Hearing date for proposed Ordinance No, 1220. Motion Carried Unanimously. B. Motion by Council Member Jarriel, seconded by Council Member Clark to approve a software upgrade to the Police Department Spillman System in the amount of $19,925.00 for the purpose of providing Uniform Crime Report Data required by the State of Florida [as provided in Exhibit 2]. Motion Carried Unanimously. C. The status of Code Enforcement Case No. 190411010, Kemp Properties of Okeechobee located at 909 South ParrottAvenue [approximately 1.035 unplatted acres] was provided in a memorandum dated October 28, 2020, from Chief Peterson and Assistant City Attorney Kowalsky [a copy is incorporated in the official minute file]. The Case was deferred. D. Motion by Council Member Keefe, seconded by Council Member Clark to accept the recommendation by the Code Enforcement Special Magistrate to proceed with foreclosure proceedings regarding Code Enforcement Case No. 190412010 [located at 102 Southwest 14th Street, Legal: Lots 4, 5, 6, 10, 11, and 12 of Block 22, together with a 15-foot wide Alley running North to South between said Lots, SOUTH OKEECHOBEE, Plat Books 1 and 5, Pages 12 and 7, public records of Okeechobee County]. Motion Carried Unanimously. E. Motion by Council Member Jarriel, seconded by Council Member Keefe to approve salaries and positions for Code Enforcement as presented by Chief Peterson [Full-time Code Enforcement Offrcer Step 1 annual salary amended to $37,440.00. Part-time Administrative Secretary job title changed to full-time Assistant Code Enforcement Officer with Step 1 annual salary as $33,240.00 added to the Salary Step Plan; a copy of tt�e cost explanation is incorporated in the offcial minute file], Motion Carried Four to One. Motion by Council Member Jarriel, seconded by Council Member Keefe to approve the Committee ranking for Request for Qualification (RFQ) No. ADM 03- 32-09-20 Professional Landscape Archit�ct Services [as provided in Exhibit 3]. Motion and second withdrawn frorn the floor. Motion by Council Member Keefe, seconded by Council Member Clark to postpone approving RFQ No. ADM 03-32-09-20 Professional Landscape Archit�ct Services rankings and to have all five firms ma{ce their presentation to the Council [the submittals from each firm have been incorporated in the official minute file]. Motian Carried Unanimously. G. Mayor Watford and Council Member Clark conveyed proposed Florida Department of Transportation improvements to State Road 70 East from 3'd to 16th Avenues. H• By consensus the Council directed Staff to provide all figures related to annual and sick leave payouts for Fire Department employees only to review at the next meeting. ITEM ADDED TO AGENDA: Motion by Council Member Jarriel, seconded by Council Member Keefie to authorize Mayor Watford to execute a letter to South Florida Water Management District (SFWMD) to hold a workshop and consider alternatives to its propos�d Everglades Agricultural Area Reservoir Water Restoration Rules [as presented in Exhibit 4j. Motion Carried Unanimously. Motion by Council Member Keefe, seconded by Council M�mber Abney to authorize Mayor Watford to execute a letter to Governor DeSantis supporting Mr. Ben Butler being re-appointed to the SFWMD Board [a copy of the letter read by Council Member Keefe is incorporated in the official minute file]. Motion Carried Unanimously. November 5, 2020, Regular Meeting, Page 2 of 3 � S�k-(� �— 6�b1 J.J. 5mith From: Lane Gamiotea Sent: Monday, November 2, 2020 10:52 AM To: Bobbie Jenkins; J.J. Smith Subject: FW: Update on City code enforcement program FYI, print this email for all files necessary ..... �r�s ��e E��;o�a, c�rc City Clerk/Personnel Administrator City of Okeechobee 55 SE 3�d Avenue, Room 100, Okeechobee, FL 34974 Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. y� , -�'� �� ''� �_�,� n� � �'� F. ,t>: at��r�'�•,� . n�i � y a .�a�.d; J' � � � ?�.� � �. � ^. r` k:, �`-. �.�„� ....,_. - . From: City Attorney <cityattorney@cityofokeechobee.com> Sent: Friday, October 30, 2020 4:10 PM To: John Fumero <JFumero@nasonyeager.com> Cc: Robert Peterson <rpeterson@cityofokeechobee.com>; Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: Update on City code enforcement program Dear City Council- I am providing an update on the various code enforcement matters that have been approved by the City Council for foreclosure, as well as those code enforcement matters which will be considered by the City Council for foreclosure. The pending code enforcement matters are: 1. City of Okeechobee v. Brenda Kemp et, al.; 19t" Judicial Circuit Case Number 2019 CA 253: this is a foreclosure action resulting from the City's municipal lien/order. On October 30, 2020, I emailed Fred Sterling an Affidavit of Default Amounts Due. Once I get that back, I will set the Motion for Default Final Judgment for hearing. We intend to expedite this matter. 2. City of Okeechobee v. Gloria Rodriguez et al.; 19th Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have finalized the Complaint and intend to file it today, October 30, 2020. After the Defendants are served, they have twenty days to file an Answer. If they do, we will serve discovery pleadings. If they do not file an Answer, we will press forward with a Default Final Judgment. 3. City of Okeechobee v. Teresa Cappetta et al.; 19t" Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have finalized the Complaint and intend to file it today, October 30, 2020. After the Defendants are served, they have twenty days to file an Answer. If they do, we will serve discovery pleadings. If they do not file an Answer, we will press forward with a Default Final Judgment. I believe that Roy Conerly, one of the Defendants, is dead and so I preemptively drafted the Motion to Appoint Curator so that we could set up an estate for purposes of service of process. 4. City of Okeechobee v. Marvin W. Brantley, 19t" Judicial Circuit Case Number 47 2004 CA 000309: We successful in procuring an Order Finding Defendant in Contempt of Court on September 21, 2020. The Court ordered Mr. Brantley to pay the City $6,297.50 as and for the City's attorney's fees and $9,750.00 as and for the City's fines. Given that it is clear that he will not pay those fees and fines, I emailed Fred Sterling the Affidavit required. Once we get his Affidavit, we will submit same along with a proposed judgment. After the Court issues the judgment, we will record it so it becomes a Judgment Lien. We will also submit it to the State of Florida Secretary of State and get a Judgment Lien Certificate. Once that is done, we will ask the Clerk to issue a Writ of Execution and we will provide that, along with the Judgment Lien, the Judgment Lien Certificate and an Instructions for Levy form to the Okeechobee County Sheriff. The sheriff will then auction Mr. Brantley's property off. 5. City of Okeechobee v, Barbara Mills; 19t" Judicial Circuit Case Number 47 2004 CA 000309: On October 28, 2020, we filed a Suggestion of Death and Motion for Substitution as the Defendant is dead. The probate attorney agreed to enter into an Agreed Order and that was provided to the Judge on October 29, 2020. Once that is entered, the Personal Representative will be substituted in for the Defendant and he must file an Answer or a Default will be entered against him. We likewise, as a creditor of the Estate, filed a Statement of Claim in the Palm Beach County probate case on October 29, 2020. This property is purportedly homestead but that loses the protection on January 1, 2020. Depending on how this matter proceeds, we may need to file an Amended Complaint. 6. City of Okeechobee v. Crystal l, LLC; 19t" Judicial Circuit Case Number 2017 CA 218: We are waiting for the City's approval to proceed with this matter. The City had initiated a foreclosure case against the Defendant on September 15, 2017. On October 28, 2020 we filed a Motion for Default Final Judgment seeking $32,562.50 inclusive of attorney's fees. The Notice of Hearing was filed and the hearing is set for November 17, 2020. The proposed Order has already been emailed to the Judge. 7, City of Okeechobee v. Okeechobee Park Street, LLC (Walgreens); Code Enforcement Case Number 17-040: we have worked with City staff to draft a letter to the property owner advising it that if the current accruing liens are not paid, a foreclosure action will be initiated. Staff has not further advised of the status. 8. City of Okeechobee v. South Florida BBQ; 19t" Judicial Circuit Case Number not yet assigned: the 90 day letter was sent to the property owner on February 27, 2020. We are waiting for the City's approval to proceed with foreclosure. � 9. City of Okeechobee v. Fortex Holdings, LLC; 19t" Judicial Circuit Case Number not yet assigned: the 90 day letter was sent to the property owner on March 2, 2020. We are waiting for the City's approval to proceed with foreclosure. As always, should you have any questions or comments please do not hesitate to contact me or Carlyn Kowalsky. CITY ATTORNEY CITY OF OKEECHOBEE �� " �[[��cc�� ; TMl.n��h: =� � , � �"o�� . , CITY OF OKEECHOBEE 55 SE THIRD AVENUE �` o OKEECHOBEE, FL 34974 _,� a � ao Phone: (863)763-3372 `'s, " www. cit�ofokeechobee. com To From City Council Members Robert Peterson, Chief of Police Carlyn Kowalsky, Assistant City Attorney Subject: Code Enforcement Matters Date: October 28, 2020 Okeechobee City Council Mayor powling R. Watford, Jr. Wes Abney Monica Clark Bob Jarriel Bobby Keefe The following code enforcement matters are presented for consideration by the City Council. 1. South Florida Barbeque of Okeechobee, Inc., 102 Southwest 14tn Street, Okeechobee, Florida (Case No. 190412010). In June 2019 Magistrate Azcona issued a Lien/Order in finding the property out of compliance and finding that penalties would accrue until the property came into compliance. The property continues to be in violation of the City Code of Ordinances. The building on the property is vacant, and has vagrants living in the patio portion of the building. The City sent a letter in February 2020 notifying the properly owner that fines have been accruing for more than 90-days and the property was at risk for foreclosure. The City notified the property owner of the Code Enforcement hearing on October 21, 2020 by certified mail and received a return receipt. No one attended the Code Enforcement hearing on behalf of South Florida Barbeque. Special Magistrate Azcona found that the property remains in violation of the City Code and International Property Maintenance Code and recommended that the City proceed with foreclosure of the property. As of October 28, 2020, the accrued penalty is $14,550. 2. Kemp Properties, of Okeechobee, 909 South Parrott Avenue, Okeechobee, Florida (Case No. 190411010). In August 2019 Magistrate Azcona issued a Lien/Order finding the property out of compliance and finding that penalties would accrue until the property came into compliance. The property continues to be in violation of the City Code of Ordinances. The City sent a letter on August 6, 2020, notifying the properly owner that the fines have been accruing for more than 90-days and the property was at risk of foreclosure. As of September 30, 2020, the accrued penalty was $18,725.00. i�,�.�� Mr. Benjamin Purvis, son of Brenda Kemp attended the Code Enforcement hearing on October 21, 2020 and asked for time to bring the property into compliance. Special Magistrate Azcona found that the properly continues to be in violation of the City Code and directed Mr. Purvis to take action to bring the properly into compliance. If Mr. Purvis is unable to show progress toward compliance by the November 5, 2020, City Council meeting, the Magistrate recommended that the City proceed with foreclosure of the property. If progress is made on bringing the property into compliance, staff recommends that the City not proceed with foreclosure at this time and remand the matter back to the Special Magistrate to determine the amount of penalties due. 2�� . �� Based on the testimony of Officer Sterling and the evidence provided, Magistrate Azcona found that the property was a repeat violator and in violation of Chapter 30, Sections 30-43 Public Nuisance, and 30-44 General Cleaning and Beautification beginning July 3, 2020. A fine of $100.00 per day plus a one-time administrative fee of $50.00 will be imposed. K. Case No. 15-010 was withdrawn from the agenda. L. Case No. 190215011 was withdrawn from the agenda. Officer Sterling offered testimony on Case No. 190412010; South Florida Barbeque of Okeechobee, Inc., 102 Southwest 14th Street, Okeechobee (Legal Description: Lots 4, 5, 6, 10, 11, and 12 of Block 22, together with a 15-feet wide Alley running North to South between Lots 4, 5, 6, and 12, 11, and 12 of Block 22, SOUTH OKEECHOBEE, Plat Books 1 and 5, Pages 12 and 7, public records of Okeechobee County). A Lien Order was filed with the Okeechobee County Clerk's Office on August 29, 2019, as a result of Magistrate Azcona's ruling at the June 25, 2019, Code Enforcement Magistrate Hearing. The property continues to be in violation of City Code of Ordinances Chapter 30, Sections 30-43 Public Nuisance and 30-44 General Cleaning and Beautification, and International Property Maintenance Code Chapter 3, Section 304.2 Protective Treatment. The building on the property is vacant, and has vagrants living in the patio portion of the building. On February 27, 2020, a letter was sent notifying the property owner that the fine has been accruing for more than 90-days and the property was at risk for foreclosure. On September 22, 2020, a Statement of Violation and Notice of Hearing was sent via certified mail. The letter was signed for and the return receipt was received by the City on September 25, 2020, with an illegible signature. The City is recommending foreclosure at this time. Special Magistrate Azcona found that the property was in violation of Chapter 30, Section 30-43 Public Nuisance, Section 30-44 General Cleaning and Beatification, and International Property Maintenance Code Chapter 3, Section 304.2 Protective Treatment. Magistrate Azcona recommended the Case be sent to the City Council for foreclosure action. M. Officer Sterling offered testimony on Case No. 190411010; Kemp Properties of Okeechobee, 909 South Parrott Avenue, Okeechobee (Legal Description: unplatted acres). ). A Lien Order was filed with the Okeechobee County Clerk's Office on August 20, 2019, as a result of Magistrate Azcona's ruling at the August 13, 2019, Code Enforcement Magistrate Hearing. The property continues to be in violation of City Code of Ordinances Chapter 30, Sections 30-43 Public Nuisance and 30-44 General Cleaning and Beautification. On August 6, 2020, a letterwas sent notifying the property owner that the fine has been accruing for more than 90-days and the property was at risk of foreclosure. It was returned unclaimed on August 17, 2020. A Statement of Violation and Notice of Hearing was sent via certified mail informing the property owner of the foreclosure recommendation. Nothing has been returned signed or unclaimed to date. As of September 30, 2020, the accrued fine totals $18,725.00. Pictures were taken of the property on October 7, 2020, showing the property is still in violation of Sections 30-43 and 30-44. Mr. Benjamin Purvis, the property owner's son, testified to his mother's extreme the unforeseen heath circumstances. Upon notification of this Hearing, he questioned his mother and was told she had hired a local individual to bring the property into compliance in August or September 2019. The individual informed Ms. Kemp the property was brought into compliance and that a conversation was had with Ms. Close at the Code Enforcement Office stating the same. Ms. Kemp then issued the individual a check for the services rendered. Mr. Purvis asked for time to bring the property into compliance, as he has already reached out to an electrician to begin work. City Attorney Kowalski recommended the Case be sent to the City Council with Mr. Purvis providing evidence of work on the property to the Council at that time. Should no progress be made, the Council should consider foreclosure. DRAFT October 21, 2020 Special Magistrate Hearing Page 3 of 7 ��. vfi 9 k - �� RC,_._ . 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South Florida �arbeque 2920 SE Durt,�xpr #340 Stuart, FI 34g� A. Signa e X t/� ❑ Agent �� ❑ Addressee B. Received by (Printed Name) C. Date of Delivery �TM�_. �I�'I�'I�'� �I��) 1��IIIII I l!II II1II 3: aeniice�ype ❑PrioriryMailExpressO � Adult Signature � Registered MaiIT"" � ❑ Adult Signature Restricted Delivery ❑ Registered Mail Resfricted q Certified Mail� Delivery 9590 94G� 5<65 0003 3466 27 ❑ Certified Mail ReStricted D�livery ❑ Return Receipt for ❑ Collecton Delivery Merchandise 2. ArtiCle Number (TiarlsfeY from seNiCe label) ❑ Collect on Delivery Restricted Deqvery � Signature Confirmation"" Mail ❑ Signature Confirmation 7 � 19 2 9 7 0 0 0 � 0 1810 1318 _�oMo� � Rest�icted oe�i�ery Restricted Delivery : PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Y � - - " " ---'-' -�ddress different from item 1? ❑ Yes — �r delivery address below: ❑ No � � ��,� <� _--� ,._J,L�4E?�t�a3�� CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, South Florida Barbeque Okeechobee Police Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795 Phone 863-763-7804 FAX �_�:•� 'oK.�uCFFc=... i;.: a:': "FL' Date 09/21 /2020 CASE NO. 190412010 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I(hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Section 30-43 & 30-44 and IMPC CH 3 Se� �`�� 2. Address and Parcel# where violation exists:102 SW 14th Street 3-21-37-35-0040-00220-0040 3. Name and address of property owner or person in charge of location where violation exists: South Florida Barbecue of Okeechobee: 2920 SE Dune Dr #340,Stuart, FI 34996 4. Description of Violation: Overgrown and Dead Vegetation, Pile of Concrete in Back of Building: Case Dates Back to 06/25/2019 Recommendation for Foreclosure 5. Date violation must be corrected by�Ct 9, 2020 6. Date violation first obserued on or about4/12/19 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 2 � St day VCioDefGU� at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to app ar at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. "�_ � 4z red terlin ode Enforce fficer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matte . idered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the of£icial records of the Code Enforcement Department. In Accordance with Fla. Starirte 162.1 l(2005), an aggrieved party may appeal a final administrative order to tl�e circuit court. Such an appeal sliall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito . Tal apelacion sera azchivada en el plazo de 30 dias de la firma de la orden que se apelara. _ Addition March 10, 2020 Case Number 180412010; South Florida Barbeque of Okeechobee 102 Southwest 14t'' Street, Okeechobee, Florida 3474. On May 21, 2019 a Statement of Violation and Notice of Hearing was sent out Returned Receipt Certified Mail. This was returned Unclaimed. On May 30, 2019 a Notice of Date change was sent out, letting the property owner know that the Special Magistrate Hearing had been rescheduled till June 25, 2019. Nothing was returned to us signed, so the property was posted on June 6, 2019. At the June 25, 2019 Hearing the Special Magistrate found the property to be in Violation of Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification along with IPMC Chapter 3 Section 304.2 Protective Treatment. Special Magistrate Azcona imposed a fine of $50.00 per day to start 50 days after proper notification. On luly 11, 2019 another Statement of Violation and Notice of Hearing was sent of Certified Mail Return Receipt and again nothing was returned. The property was posted on August 1, 2019 for the August 13, 2019 Hearing. At which time we realized that this was duplicate case and had already been Infront of the Special Magistrate. On October 31, 2019 the propertied was posted with the Lien Order giving them 30 days to come into compliance. At which point they did not and a fine started on December 1, 2019. This fine is still running as of February 29, 2020 the amount due is $4,575.00 with a onetime fee of $25.00 for administrative costs. Om February 28, 2020 a letter of intent was mailed out. I sent three copies, on certified mail returned receipt to the business mailing address and the other 2 regular mail to the registered owner and the official mailing address. OKEECHOBEE POLICE CODE ENFORCEMENT ,: °� C, �K� � C 8EE � �, F' S0 SE 2°d Ave. ��(�10� �"�e'-�' ''�`�' cioaion,;.., �wis , - F�_ Okeechobee, Fl. 34974 �`'' 863-763-9795 863-763-7804Fax February 27, 2020 South Florida Barbeque of Okeechobee 102 SW 14th Street Okeechobee, Florida 34974 Dear Property Owner: This letter is in reference to the Code Enforcement Order dated June 25, 2019 notifying you of a($50.00) Fifty dollar per day fine that was imposed as of December 1, 2019 against the property listed above for failure to comply with City of Okeechobee Ordinances. As of February 27, 2020, the fine had accrued over ninety (90) days. According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately. Failure to contact our office could result in a foreclosure recommendation by the Code Enforcement Special Magistrate. Please contact me at 863-763- 9795 to discuss this matter. Sin�ely, - r Gt: _._��` . -�:_...�.. . - � . : j�"r`ed Ste�ffng � Code Enforcement;�Officer 863-763-9795 �a.� I � , � , �. �-� S-�-v�-�.�-- r 1'iCk � i� � l��=-� �.i�G� . ��-I� �- {�{��.�- �n.i..�er�� 0 ti �EI�TIFIED I�'�'° i�b �IPT � Domesiic Mail Only m Certified Mail Fee� � �� Extra Services & Fees (check box, ed< ❑ ReWm Fieceipt (hardcopy) $ � ❑ Return Receipt (electronlc) $ 0 ❑ CeAifietl Mail Restricted Delivery $ � ❑ Adult Signature Requlred $ � ❑ Atlult Signature ResVicted Dellvery $ 0 Postage � ,o r-i 'F�Ya! Postage and Fe�s � a �� StleC�� Or� . ... �_�...: .. .... �Go�; propnato) n'�� Postmark Flere � ( �- a� �a o ------_------- ----------- ---- ----------- ��n�---�--------- �--i �-------- � � �-, C� Cl � oK.�E � e E_;z OKEECA�BEE POLICE CODE ENFORCL� 1VLENT �, �, Pouc nd � y��[(� �� .� � � 50 SE 2 Ave. 1 ];/j �1C'�EPr � �� /',. aI� '�O� � F� Okeechobee, Fl. 34974 ��`� 863-763-9795 863-763-7804Fax February 27, 2020 South Florida Barbeque of Okeechobee 102 SW 14t" Street Okeechobee, Florida 34974 Dear Property Owner: This letter is in reference to the Code Enforcement Order dated June 25, 2019 notifying you of a($50.00) Fifty dollar per day fine that was imposed as of December 1, 2019 against the property listed above for failure to comply with City of Okeechobee Ordinances. As of February 27, 2020, the fine had accrued over ninety (90) days. According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately. Failure to contact our office could result in a foreclosure recommendation by the Code Enforcement Special Magistrate. Please contact me at 863-763- 9795 to discuss this matter. Sin�ely, �` , � ;/� ; . .: � ^ `G ' �:_ :. � �.� --�"red Ste�ling Code Enforcement Officer 863-763-9795 10/31/2019 ;��; � •�� —L � � �� Mail - Fred Sterling - Outlo-'� � ,%1._ '-L � _ � � �� r=��-� L.J �� k t; li� ati :..� �� ..� ,� t � r��, ��'R i ,� �. -.. .. � :A: �'4 Y � � � ,.:.�• . lµ� ,� q1�1,� 1 �� .. r. • ....d,K _ . . .. -. --io.-..._ um.ryuaa �.. .. %,Y.w�� •sM�ri11�1.LlY � . . .w i�..w�. � � .:.._.Sy :M�i.r.n�+�n�awna.,�no . a .. . pIKM��1+��rtlfLn�Y►f��... �• . vcTlAal i-.tl,af7 �L32 f�amw��..�-_ -. i2�..rJ1�NWhOsyW ar.. �a�r vw,o.a... n �w► �ru�v...��.��rer�..rr r �. . . I . ,Y.,��.. 6 �,.`:,.�'�� ..�..""' :.:, � .�....,.�.,_...�.�.«.,«"�.� ��, � .. �., «,.. d.. � w. � ,.... �. d.. � s _ .. , .. ',.,,.........� .� --�' . .. "�"':< . �� . , � ,. 11y�� ( �i� �i� ��'.. �� I ;�i'^�� t,� / �: '' ` �. � ,.�, �� . ; ., ..� �1�C 1 S�" ��-� �-;n� �� o. �o �- �� . https://outlook.office365. com/mai I/deepli nk?version=2019102103.15&popoutv2=1 �et�. �- , � a; #,;"Sr � < > .�f x ,,y.. °�„r`"t.,.'� •.. . .'��x,��'`°' � � �, : t � �LWc aYt�.� �'§'� tr; 1�4 �ay > Y . �, ,i� , .� � ��-� �. q + � a:r� �I .�. ^ �, �'�3 � +� � cR,�� ,� � d ��'L 'i:., , � _ � �� 2/5 10/31 /2019 Mail - Fred Sterling - Outlo�� https://outlook.office365.com/mail/deeplink?version=2019102103.15&popoutv2=1 4/5 :� �,,.�1 Nason Yea er _ _ . ____ � eeRson ttn�ts & FUMERo, en. A7TORNEYS A�f LA14 ' @sl. 17G0 R. GREGORY HYDEN E-MA[L ADDRESS: ghyden@nasonyeager.co m October 5, 2020 VIA EMAIL: mclose@cityofokeechobee.com City of Okeechobee Attn.: Melissa Close 55 S.E. 3`d Avenue Okeechobee, Florida 34974 re: Status of Code Enforcement Matters Applicable Case Numbers Set I'orth Selow Dear Ms. Close, _' � � � �'� .�� D[RECT DIAL: (561)471-3524 FAX NUMBER: (56l)982-7116 This frm is proud to represent the City of Okeechobee ("City"). Pursuant to the City's request, I am providing an update on the various code enforcement matters that have been approved by the City Council for foreclosure as well as those code enforcement matters which will be considered by the City Council for foreclosure. The pending code enforcement matters are: Pendin� in Circuit Court 1. City of Okeechobee v. Marvin W. Brantley; 19�h Judicial Circuit Case Number 47 2004 CA 000309: We were successful in procuring an Order Finding Defendant in Contempt of Court on September 21, 2020. The Court ordered Mr. Brantley to pay the City $6,297.50 for the City's attorney's fees and $9,750.00 for the City's iines. If Mr. Brantley does not pay those funds within 45 days, we will engage in post judgment collections and request the Court to impose a lien on the property that can be subsequently foreclosed on. This is a great win for the City! 2. City of Okeechobee v. Brenda Kemp et. al.; 19�h Judicial Circuit Case Number 2019 CA 253: this is a foreclosure action resulting from the City's municipal lien/order. After receipt of the iile from the City's prior counsel, we determined that the Defendants had not filed a responsive pleading to the Complaint and thus we intend to file a Motion for Default Final Judgment. We have provided a copy of said Motion, together with the 750 Park of Commerce Boulevard � Suite 2I0 � Boca Raton, Florida 33487 Telephone (561) 982-7114 � Facsimile (561) 982-7116 ��v�v�v.nasonvea�er.com PALM BEACH GARDENS • BOCA RATON �. City of Okeechobee Attn.: Melissa Close October 5, 2020 Page 2 applicable Affidavit of Attorney's Fees and Affidavit of Default Amounts Due for staff's review and comment. Upon approval, it will be filed and set for hearing at the next available time. We intend to expedite this matter. 3. City of O/ceechobee v. Barbara Mills; 19th Judicial Circuit Case Number 47 2004 CA 000309: We are waiting for the City's approval to proceed with this action. The City had initiated a foreclosure case against the Defendant on July 14, 2014. That matter remains pending. Prior Counsel did not advise why the case has not been prosecuted for the last few years. However, upon approval from the City, we will proceed in the pending case. It is likely that the Complaint will need to be amended but the matter can be expedited thereafter. 4. City of Okeechobee v. Crystal I, LLC; 19"' Judicial Circuit Case Number 2017 CA 218: We are waiting for the City's approval to proceed with this matter. The City had initiated a foreclosure case against the Defendant on September 15, 2017. That matter remains pending. Prior Counsel did not advise why the case has not been prosecuted for the last few years. Upon approval, we can proceed in the pending case. It is likely that the Complaint will need to be amended but the matter can be expedited thereafter. Waitin for Citv's approval to file complaint 5. City of Olteechobee v. Gloria Rodriguez et al.; 19`h Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have drafted the Complaint and have sent it to staff for review and comment. Upon approval, it will be filed and service of process will be expedited. If, twenty days after service of process, the Defendants do not fle a responsive pleading, we will seek a Default Final Judgment against them. 6. City of Okeechobee v. Teresa Cappetta et al.; 19�" Judicial Circuit Case Number not yet assigned: this action will be a foreclosure of the City's municipal lien/order. We have drafted the Complaint for Foreclosure and have sent it to staff for review and comment. Upon approval it will be filed and the matter will be expedited. If, twenty days after service of process, the Defendants do not file a responsive pleading, we will seek a Default Final Judgment against them. City of Okeechobee v. Okeechobee Park Street, LLC (Walgreens); Code Enforcement Case Number 17-040: We have worked with City staff to draft a letter to the property owner advising it that if the current accruing liens are not paid, a foreclosure action will be initiated. 8. City of Okeechobee v. South Florida BBQ; 19`" Judicial Circuit Case Number not yet assigned: the 90-day letter was sent to the property owner on February 27, 2020. We are . �; City of Okeechobee Attn.: Melissa Close October 5, 2020 Page 3 waiting for the City's approval to proceed with foreclosure. 9. City of Okeechobee v. Fortex Holdings, LLC; 19th Judicial Circuit Case Number not yet assigned: the 90-day letter was sent to the property owner on March 2, 2020. We are waiting for the City's approval to proceed with foreclosure. Should you have any questions about the foregoing, please do not hesitate to contact me. Thank you for your time and consideration in this matter. Many Thanks, NASON, YEAGER, GERSON, HARRIS & FUMERO, P.A. R. Gregory Hyc�en R. Gregory Hyden 10/1/2019 Detail by Entity Name �iv� �- _ �- � _,_. i �, �� , i► J�'/I�1U! i /Jf �,�i,�ir.01'� �..' �� =��'�`��< <.� D�partment of State / Division of Cor r ions / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation SOUTH FLORIDA BARBEQUE, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 5980 WINKLER RD FORT MYERS, FL 33919 Changed: 04/29/2009 P02000065160 75-3065398 06/12/2002 FL ACTIVE Mailing Address 5980 WINKLER RD ,— ,. ��Y�� J � �Z� FORT MYERS, FL 33919 Changed: 04/26/2012 �� , `�1 " '�\O � J�.N _ Registered Agent Name & Address n,� 1 \ ` -� ./� WICKER, JOHN M 12670 NEW BRITTANY BLVD., STE 101 FORT MYERS, FL 33907 Name Changed: 04/29/2009 Address Changed: 04/29/2009 Officer/Director Detail Name 8� Address Title DPST COYNE, DALE P DALE COYNE RACING 13400 BUDLER RD PLAINFIELD, IL 60544 Annual Reports search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial8�searchNameOrder-SOUTHFLORI D... 1 /2 10/1 /2C 19 Report Year 2017 2018 2019 Document Images Filed Date 04/14/2017 04/03/2018 03/26/2019 Detail by Entity Name 03/26l2019 — ANNUAL REPORT View image in PDF format 04/03/2018 — ANNUAL REPORT vew image in PDF fortnat � 04/14/2017 — ANNUAI REPORT �ew image in PDF fortnat I 04/19/2016 — ANNUAL REPORT �ew image in PDF fortnat I 04/14l2015 — ANNUAL REPORT Vew image in PDF fortnat � 04/23/2014 — ANNUAL REPORT �ew image in PDF fortnat 04/10/2013 — ANNUAL REPORT Vew image in PDF format , 04/26/2012 — ANNUAL REPORT �ew image in PDF format ' 04/20/2011 — ANNUAL REPORT vew image in PDF fortnat j i 04/29/2010 — ANNUAL REPORT Vew image in PDF fortnat � 04/29/2009 — ANNUAL REPORT Vew image in PDF fortnat i 04/30/2008 — ANNUAI REPORT vew image in PDF format OS/0312007 — ANNUAL REPORT Yew image in PDF fortnat 05/02/2006 — ANNUAL REPORT �ew image in PDF fortnat ' 04/15/2005 — ANNUAL REPORT vew image in PDF fortnat 04/2912004 — ANNUAL REPORT vew image in PDF format 04/25/2003 — ANNUAL REPORT vew image in PDF format 06112/2002 — Domestic Profit Vew image in PDF fortnat search.su nbiz.org/Inqui ry/CorporationSearch/Search ResultDetail?inquirytype=EntityName8�directionType=lnitial&searchNameOrder-SOUTH FLORI D. .. 2/2 10/1/2019 Detail by Entity Name f_ � �i:��r��o r,f �j'�j1�t-/.org �J�'_�Js��'�J! (� — �,� D��artment of State / Division of Corpora i ns / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation SOUTH FLORIDA BARBEQUE OF OKEECHOBEE, INC. Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status P12000104197 46-1651944 12/28/2012 01 /01 /2013 FL ACTIVE Principal Address 102 SOUTHWEST 14TH ST OKEECHOBEE, FL 34974 Maili g Address 13400 BUDLER RD PLAINFIELD, IL 60544 � R i red A n N m A dr s Z�V �g ste ge t a e 8� d e s R� COYNE, DALE _�Q �� / v 2920 SE DUNE DR #340 � �\� STUART, FL 34996 � �� ()� � Officer/Director Detail Name � Address Title P COYNE, DALE 13400 BUDLER RD PLAINFIELD, IL 60544 Title VP COYNE, GAIL 13400 BUDLER RD PLAINFIELD, IL 60544 Annual Reports Report Year Filed Date 2017 04/14/2017 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityNameB�directionType=lnitial8�searchNameOrder-SOUTHFLORI D... 1 /2 10/1/2019 2018 2019 Document Images 04/25/2018 04/25/2019 04/25/2019 — ANNUAL REPORT 04/25/2018 — ANNUAL REPORT 04l14/2017 — ANNUAL REPORT 03/30l2016 — ANNUAL REPORT 04/16/2015 — ANNUAL REPORT 04/28/2014 — ANNUAL REPORT 12/28/2012 — Domestic Profit View image in PDF format Vew image in PDF fortnat Vew image in PDF format Vew image in PDF fortnat Vew image in PDF fortnat vew image in PDF fortnat Vew image in PDF format Detail by Entity Name search.su nbiz.org/Inq u iry/CorporationSearch/Search ResultDetai I?inquirytype=EntityName&directionType=1 nitial&searchNameOrder-SOUTH FLORI D... 2/2 10/1/2019 DBPR - SOUTH Ff f'31DA BARBECUE INC; Doing Business As: SONNY:S RFAL PIT BAR B Q, Permanent Food Service 9:48:45 AM 10/1/2019 Licensee Details Licensee Information Name: Main Address: County: License Mailing: County: LicenseLocation : County: License Information License Type: Rank: License Number: Status: Licensure Date: Expires: Special Qualifications Risk Level 2 Alternate Names SOUTH FLORIDA BARBECUE INC (Primary Name) SONNY'S REAL PIT BAR B Q(DBA Name) 5980 WINKLER RD FORT MYERS Florida 339193338 LEE 5980 WINKLER RD FORT MYERS FL 339193338 LEE 5980 WINKLER RD FORT MYERS FL 339193338 LEE Permanent Food Service Seating SEA4602542 Current,Active 07/03/2002 12/01/2019 Qualification Effective 09/23/2019 View Related License Information View License Complaint View Recent Inspections 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850,487,1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for o�cial communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. https://www.myFloridalicense.com/LicenseDetail.asp?SID=&id=B741 F7AOE75FD71 ECD6B758F00247439 1 /1 �. City of Okeechobee Code Enforcement Case# ` G� �'� � ( � Cj � (� Name: � b�L�'�"1 ��1 . ��=� �� ' PropertyLocation: � �� ,t� �.�'� �-�— Parcel #: � _' � � � �� ' � � � � �f V' �' � � �<�� Q �1 (� �� l �c� �,c.�,�. o��,t�n �/�q I � � �� Code Board Action: Imposed a f�ne starting � @� 0� per day for code violations of the International Property Maintenance Code CH 30 Sec �C7��I�� - �`.�'� � &Sec ��.��1 • � , Also a fine of for Administration fees. b��. ��-� a 1 �� c� Accrual of Fines: Jun = JuIY = Aug = Sept = � Ott = Nov = Dec = Total = Date of Compliance: R �� Property Owner `�t�.�l�l � • �� Property Address �� l,t� �L ��Y�' c�� Case # � C� �� (� �(� First Inspected -�t � � �j -- � � Violations Noticed ��'�l �� j�Ll-� ��- �'� � � ��- � ��-`�y �} � �--�� 3 Photos Taken �;�� (�-� -� �`j �} � - ��—� � l � � - I �-��/ ,� Courtesy Card Sent �--) �- � �, Notice of Violation Received y�U�-�<< ��--v� Notice of Violation Sent � -�- J0 -I�1 Notice to Appear Sent ( Notice to Appear Received ��L�� j-��t �-- �---v0�' ` Final Inspection & Photos • • ��tA � � . � � • "s �� `� .�L, �� .$ . � �,r _. • '/ �''�•.:.v�� CITY OF OKEECHOBEE CODE ENFORCEMENT AUGUST 13, 2019, SPECIAL MAGISTRATE HEARING 55 SE 3RD AVENUE O COUNCIL CHAMBERS O OKEECHOBEE, FL 34974 SUMMARY OF ACTION . AGENDA p MAGiSTRATE DISCUSSION -ACTION I. CAlL TO ORDER • Special (Nagistrate August 13, 2019, Code Enforcement Special Magistrate Hearing, 6:30 P.M. il. PLEDGE OF ALLEGIANCE - Special Magistrate III. SPECIAL MAGISTRATE AND STAFF ATTENDANCE - Secretary Special Magistrate Roger Azcona City Aftorney John Cook ' Code Enforcement Officer Fred Sterling Police Lieutenant Justin Bernst Code Enforcement Secretary Melissa Close IV. MINUTES - Secretary A. Dispense wifh the reading and approve the Summary of Action for the June 25, 2019, Special Magistrate Hearing. V. AGENDA • Special Magistrate A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 5 Special Magistrate Azcona called the August 13, 2019, Code Enforcement Special Magistrate Heanng to order at I 6:30 P..M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. � The Pledge of Allegiance was led by Special Magistrate Azcona. Secretary Close called the roll: Present Present Present Present Present Special Magistrate Azcona dispensed with the reading and approved the Summary of Action for the June 25, 2019, Special Magistrate Hearing. Code Officer Sterling requested the following Cases be withdrawn from the agenda, as they have come into � compliance: Case 190416007 Glen Prescott; Case 190225003 Alejandro Estremera; Case 190220013 Agustin I Mendoza; and Case 190408013 Kenneth Nichols, He also requested Case 190305011 Mohammatl Nooruddin and Case 190725016 Edwin Gassaway be deferred to the next regularly scheduled Code Enforcement Hearing. Case ' 190325007 Marie Fenton and Case 190412010, South FI Barbeque were withdrawn as they were found to be duplications of existing open cases. ' VI. PUBLIC HEARING ITEMS � A. Disposition of Cases presentetl by Code Officer Sterling. This being a Quasi-Jutlicial proceeding, an Oath was administered to those offering testimony; all responded affirmatively. 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Petitioner, vs Respondent, South Florida Barbeque Of Okee Okeechobee City Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 863-763-9795/Fax 863-763-7804 Date 07/10/2019 E �H =`„ OKvp^ ��FEE �F�t CASE NO. 1904{�12010 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I(hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: 30-43, 30-44, & IMPC 304-2 Protective Treatment 2. Address and Parcel# where violation exists:102 SW 14th Stl'eet 3-21-37-35-0040-00220-0040 3. Name and address of property owner or person in charge of location where violation exists: South Florida Barbeque Of Okeechobee - 2920 SE Dune Drive #340 4. Description of Violation: Dead Hedges, Weed Overgrowth, Large Pile Of Concrete In Back Of Building - Property Need Cleaned Up 5. Date violation must be conected by: 14 Days From proper Notiflcation 6. Date violation first observed on or about: ApfII ') rJ, 2019 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 13th C18}r August 2019 at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fne in your absence. Fred Sterling Code Enforcement Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence apon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Depariment. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito . Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. � � - � AGENDA Case No. 190412010 South Florida Barbeque of Okee.102 SW 14`h Street Ch 30 Sec 30-43 Pubic nuisance Ch 30-44 General cleaning & beautification International Property Maintenance Code Ch 3 Sec 304.2 Protective Treatment Case No 18-043 Gloria Rodriguez, 914 NW 2"� Street International Property Maintenance Code Ch 3 Sec 304.1.1(8) Unsafe condiiion antl Sec 304.7 Roof damage JUNE 25, 2019 •CODE LNFORCEMENT REGULAR MEETING - PAGE 3 OF 4 _ . BQARD: ACTION - DISCUSSION :- UOTE � 0#ficer Sferling testified Notice of ViolationlNotice of Hearing was posted on the property at 102 SW 14�' Street. He stafed the property has been mowed, but the dead vegetation and pile of concreteldebris behind the building has not been removed. Officer Sterfing said as of this date the property remains in non-compliance. He r�ecommended ailowing a coupie of weeks for the prope�ty to be brought into compliance. Special Magistrate Azcona found Case No.190412010, South Florida Barb�que of Okee,102 SW 14`h Street, to be in violation of Ch 30 Sec 30•43 Public nuisance, Ch 30•44 General cleaning & beautification and Internaiional Property Maintenance Code Ch 3 Sec 304.2 Frotective Treatmeni, based on the te�timony of Code Officer Sterling and the I evidence presented. Magistrate Azcona ordered property owner, South Florida Barbeque of Okee be given thirty days' affer receipt of proper notification to come into campliance, if not in comptiance by that date a fine of fifty dollars per day will be imposed. ' Officer Sterling testified Case 18-043, Gloria Rodriguez, 914 NW 2"d Street, wa5 postponed from the May 14, 2019 meeting. + Raul Rodriguez (property owner's brother) was given an extension of time to have fhe electric antl water shut off, personal items I removed and obtain a demolition permit for the house. Officer Sterling advised Magistrafe Azcona, Mr. Rodriguez has been ' given severai extensions and as of this date he has not obtained a demolition permit. Therefore, he has not complied with the' Magistrate's ortler dated May 14, 2019 which imposetl a fine of twenty-five dollars per day if the demolition permit was not obtained within thirty days. (June 14, 2099) Special Magistrate Azcona found Case No. 18-043, Gloria Rodriguez, 914 NW 2"d Street, to be in violation of Internaiiona! Property Maintenance Code Ch 3 Sec 304.1.1(8) Unsafe condition and Sec 344.7 Roof damage, based on the testimony of Code Officer Sterling and the evidence presented. Magistrate Azcona ordered a fine of twenty five dollars per day be imposed beginning today (June 25, 2019) and continue until the property is found in compliance. C �t o Olzeecl�.o�ee y Code Enforcement CASE NO: 190412010 EXHIBIT #4 JUNE 25, 201� 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(s) South Florida Baxbeque of Okeechobee 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 102 SW 14t'' Street . According to Official Records of the Okeechobee County Property Appraiser the owner(s) of record is/are South Florida Barbeque of Okeechobee . City exhibit no. 1 4. On 4/12/19 , I personally inspected the property and observed the following: a. Dead vegetation/hedge and weeds in flower beds b. Large pile of building material in back of building c. 5. Based upon my investigation, I issued a courtesy card/letter to Respondent(s) notifying them of the violation with a request to have the property come into compliance within 10 days. 6. On 5/21/19 I reinspected the property and found it still in violation. A Notice of Violation/Notice of Hearing was issued on 6/5/19 and delivered by: O Certified mail. City exhibit no. () Personal hand delivery. City exhibit no. (X) Posting Notice of Violation on the subject property. City exhibit no. 2 7. Notice of Violation/Notice of Hearing gave Respondent(s) 10 days to correct the following violations: a. Ch 30 Sec 30-43 for violation of Public nuisance b. Ch 30 Sec 30-44 for violation of General cleanin� & beautification c. Ch 304 IPMC Sec 304-2 for violation of Protective Treatment 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. (X) 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. 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 .(863) 467-1586 . Fax: (863) 763-4489 - . � �. �. , ,v� �{ r � � �, � i , .� { °-�` `,'�,: � C �O .?_ r „,, . ._Y, � • � _ - -- - - �: �` a �'� ^r .. . � ° , � �, �� _��> � � � <o , ; � : . . . . _. . _. - A' . . _ _ . � , �; , �� ,_,`,�� o�� ,�. �: __ __ � _ � - 1^ � , '; - - � ` ; _ 'T� � �� -.- `�� [, f , l . 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V.�.- -?...f�a,i -�,:,:4'ai.�:'1�%L�.." 47�,>.�:'..iL�. ..t'�%:�e� .,w::fi..�.r'-uY�r.sa 1 ✓�' �'' .��.�`r�.t'� .�..��.�.`;�. ..:;rr1r,� .,..f.�....i:�.�iJ-.ti�.`,_ ^.E�a,.,.r..,.%�a� ♦ . � a �'+'!a,�... � �mty of O��e�ho�ee .� � �� . ?tlr,�.7, M� �k �.m-' �1 ,, �;i �.��. w_�•__ ,. _ __ e-me�e� ra��rs.��rz� -_ _ ----_ --- ---- ------ -- Code Enforcement for The City of Okeechobee Notice: Date has been changed for Special Magistrate Hearing Please be advised the Special Magisirate hearing scheduled for June 11, 2019 is now rescheduled for June 25, 2019 at 6:30 pm. You will need to make every effort to attend this hearing. If you will have difficulty attending the June 25`t' hearing, please coniact our of�ce at 863-763-9795. Sincerely, Fred Sterling Code Enforcement Officer (863) 763-9795 �.rU� '�/3dl � � 50 S.E. Second Avenue • Okeechobee, Florida 34974 • 863/763-552i � fax: 863/763-7804 � ALF� `��` Okeechobee Police , 50 S.E. 2nd Avenue • Okeechobee, Florida 34974 '`�. ��.�. ' �--_ ��_ � --- � - � ��, "�z�- � - a � �Y I A �i ��5 ��'�._. .__..._ r-''�.,� , � " � 717�6 2760 ��2 9591� 81776 South Florida Barbeque of Okee 292Q SE Dune Dr. #34Q Stuart, FL 34996 �:. � . � ;•- _ �;, �, � _ - ._- -- E4, Y !L�f P_, r? is �: ; �+�, r_ ;'":� i-': _ -E4�� ':I��U "L.� 1::: ._� . ,,. Y :..��' tp S�� a.�. :1' :?, .�y Y.d ��:��' 'R`. a �,!�7^��'xt �}��'.�.e"� rSL. a�a ,.�3 5� i a�,,'a 3 x ,t d i r i a:� y� . S 1. � . ... . . i� I ... .1�"i � ""__. � � .�'. � Y 1' ( " I ! i. � `r ia4i �'v. i j 7 �� " � l , �� 3r��" 1 J ,-� '� � ..�kr ,8' . S � , ; ...� I • 4� � m � ' T Y '�- �;� i :��:.�� O - - �a � � � y� :I 1� �E t � � � Ql.. . ._._. � Postage � � Certffled Fe5 �/ flJ P 4 ark p F?eturn Receipt Feo 0 (Fndorsement Aequlred) � ' �E� � Restrictec9 Delivory �ee {Endorsement ReGuir�d) � � To,al Postage & F�=es ��'j fl_I � Sent ro e10_� _� �%�'�lg�(�, C��: d G 6�. O - C.I- ---...e_._„_..._.e�...... ................a___-----....__._._�.____�_ Streef„�1pG No.;�_a_ __ � or PO rJ- or, fVo. --------_....___.._-•------------------�-------------------------------------- � �:I3y .^�Pate, Zda�-r u � :r� ��. �`-�'�,`��. -1 0 �ho�bee :ODE ENFORCEMENT POR CHE CIT'Y OF �KEECHOBEE, FLORIDA. 'etitioner, �s Zespondent, Okeechobee City Code Enf ;ement SO SE 2nd Ave Okeechobee Florida 34974 863-763-9795/Fax 863-763-7804 South Florida Barbeque of Okee � • .. �''_ ��-`.•iGi::� �� s �-: ;, _'Ir,;.. Date 05/21 /2019 CASE NO. 190412010 STATEMENT OF VIOLATION AND NOTICE 4F HEARING ?ursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of �keechobee, I(hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives iotice of an uncoxrected violation of the City o£ Okeechobee Code, as more particularly described herein, and �ereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: 30-43, 30-44, & IPMC 304-2 Protective Treatment. 2. Address and Parcel# where violation exists:102 SW 14th St.;3-21-37-35-0040-00220-0040 3. Name and address of property owner or person in charge of location where violation exists: South Florida Barbeque of Okee, 2920 SE.Dune Dr. #340, Stuart, FL 34996 4. Description of Violatio • �'Dead hedge, weeds in flower beds, property needs cleaning, large pile of building material in back of building. 5. Date violation must be corrected by�ay 31, 2019 6. Date violation first observ�d on or about4/12/19 Jnless Respondent corrects the violation described herein b� the date set forth above AND contacts the undersigned Code nspector to veri:Fy compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take iotice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 11 th iay �une, �v i y at 630 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council :hambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and :onclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You aze entitled to be epresented by counsel, present evidence, and present testimony. please be advised that any evidence presented to the �Iagistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the vlagistrate may enter an Order of Violation, & impose a fine in your absence. Fred Sterling Code Enforcement O�cer Any Person desiring to appeal any decision of the Code Bnforcement Special Magistrate with respect to any matter considered at this hearittg will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole pwpose of back up for the official records of the Code Enforcement Departrnent. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final aclministrative order to the circuit court. 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I.q = S: � � : • -:} � _�, .. _ ..1 P� ^ ••� e � f , y t .i, " . �� 1 ' � ' 1 R � �Z t '��'� �.J � _ . ' �.. + C, _ . .. „ . y ,i f'T ^�+,�^ `Y'� �� ►'.. M � �, 1 � :� � � �':. � - ��' > � . n „4, „�,�, ,n , y--:i-a.�.�. _ • � . »t' , 1 :. � � �,:� w..._. `� ,�� .��z.5 j . ,��. . . ' , .5 . -.. �„ . ._,o ...,�. . Q '�3.. ..._ - . . , • ,,.� *,v-�.. . .wb. _,: �. , � .� y �' ^'��., � .,, ;; SiW tATH ST _ j EiE RIVERBEND MHP � :�. - ! p. - l _ � � -- -1�52 � 1d2.5 ��-ry� � � � ��' s.�;?;;�. ;- , a � ��,� a� � � � � N i i Y A " { `.r . � � j � ; • x � .a..:� � �i �r�� .�, � r � 1 �� .,y� , „ . e� � , � ��. . _ . rv, _ •� r - �� .., : ,.;,� � ` • ♦ � . �+� a'r-� .��.� � � .� � �r�� . 1'r +S.`��' . ap .! �},,.. �.�H, � : R' � � �_ ' � � � r �� y .. ^'� � � . .' . '� �� i ' {�e�:�: . � , . . rc-.a�.rF._� _ � . a, �!�a�''�';�'l+�,c� "'r� ��' ... . ., '.��; 9::�"'�� s i�a'� i o sa io�� iso 4e � f�liri�. � I i�', i�u'i CFI- � r.��„ .�. i c�iii:i -;(� 'G3 �?4.>> -- — l� � �: ARCEL: 3-21-37 35-0040 00220-0040 PROFESS SV (001900) SOUTH OKEECHOBEE (PLAT BOOK 1 PAGE 12 & PLAT BOOK 5 PAGE 7) . � LOTS 4, 5, 6, 10, 11, 12 & ADJOINING ALLEY 432-1875 BLOCK 22 �a,�;, r-,, --., ,- � ��,�, Name:SOUTH FLORIDA BARBEQUE OF OKEE LandVal $201,585.00 �r: �.a�:,�,,�z Site: 102 SW 14TH ST, OKEECHOBEE BldgVal $236,182.00 , I� �'� Mail: 2920 SE DUNE DR #340 ApprVal $485,577.00 t b'� k STUART, FL 34996 JustVal $485,577.00 —n _'�— � �'F'`ti �`� Sales Assd $485,577.00 '-� �' Info Exmpt $0.00 I �;� Taxable $485,577.00 This information, updated: 4/11/2019, 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 iYs 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. � �� • � � � -i-- � D c�s o r� u'a,wi.- �,,� L r, � �/�r�� e�---w� w ��.: z- `� � 1 i� �1 s�► �s �v c� d-rR-� � M, k� � http://okeechobeepa.com/GISvl /Print_Map.asp?pjbojdcfejajpldonlchggpkoempnjcdjiagho... 4/12/2019 � � �., �r;..- �� }k.,} �r t'�.'L^y�° � - yy,.r>7 �p�.�j - 'W �'>E 4_ 'a..�x.`a.�.� �b..��t i . ( �� ` K '�N � �a��- � �£�-, . 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