Loading...
Brantley FilePage 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY STATE OF FLORIDA CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, Plaintiff, vs. MARVIN BRANTLEY, Defendant. TRANSCRIPT OF PROCEEDINGS THIS CAUSE came on for hearing before the Honorable LAURIE BUCHANAN, Judge of the above court at the Okeechobee County Courthouse, Okeechobee, Florida, beginning at the hour of 10:40 o'clock a.m. on the 29th day of March, 2018. THE APPEARANCES were as follows: FOR PLAINTIFF: FOR DEFENDANT: CITY OF OKEECHOBEE City Hall 55 S.E. 3rd Avenue Okeechobee, FL 34974 BY: JOHN R. COOK, ESQ. MARVIN BRANTLEY 1905 S. Parrott Avenue Okeechobee, FL 34972 BY: MARVIN BRANTLEY, PRO SE WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 INDEX EXAMINATION PAGE WITNESS — FRED STERLING 11 DIRECT EXAMINATION BY MR. COOK 11 CERTIFICATE OF REPORTER 26 EXHIBITS: PLAINTIFF'S COMPOSITE 1 AND 2 IN EVIDENCE 15 WWW . AT LANT I CRE P ORT I NG . COM 8c681lab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 PROCEEDINGS THE COURT: Anybody involved in that case, City of Okeechobee versus Brantley, please come on up. And are you Mr. Brantley? MR. BRANTLEY: Yes, ma'am. THE COURT: Okay. I need you to raise your right hand. AND THEREUPON, MARVIN BRANTLEY, called as a witness herein, after having been first duly sworn by the Court, was examined and testified as follows: MR. BRANTLEY: I do. THE COURT: Thank you. And can I get everyone to state their names and appearances for the record. MR. COOK: I'm John Cook, city attorney for the City of Okeechobee. MR. BRANTLEY: Marvin Brantley. THE COURT: Okay. And, Mr. Cook, this was the city's motion for enforcement and contempt, correct? MR. COOK: Yes. THE COURT: And have you had a chance to talk to Mr. Brantley? MR. COOK: We did. WWW . AT LAN T I C RE P O R T I N G .COM 8c681 l ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 THE COURT: And were you all able to resolve it? MR. COOK: Pretty much. I can give the court a synopsis of the history of this thing, if you haven't -- THE COURT: I did. MR. COOK: -- read the file, but I'm sure you did. THE COURT: I did, but the only thing is those other two prior contempts, one, I think, by Judge Metzger and one by Judge Roby that you referenced in your motion, I think they were so old that they're not scanned, so I couldn't see them in the system -- MR. COOK: Oh, okay. THE COURT: but it just seems like it's more of the same. MR. COOK: Right. And what we had discussed and what I'd like to do today is I have the code officer from the city, and present some sworn testimony and some photographs to support our motion. The photographs that we have were taken this morning, and it appears that Mr. Brantley is in compliance with the court order as of last night. THE COURT: Okay. MR. COOK: So I'd like to present some testimony. And we're still going to seek adjudication of WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 contempt, but we're not seeking any other enforcement remedies. I did explain, and what I'd like Mr. Brantley to understand is that the order, in addition to contempt powers, permits the writ of attachment. So in the future if -- and you'll see in a minute the history of this. It just repeats itself, but in the future if we get back in this position, I think we're going to -- the city is going to proceed under a writ of attachment, which would be a whole lot quicker and probably a better enforcement tool for Mr. Brantley. And he understands that the process, it's ten days notice, and if it's not in compliance with the court order, that he could possibly be picked up under a writ, and he would not want that to happen so... THE COURT: No, no. And, you know, neither -- the court doesn't like having to do that, but I do lots of things that I don't like to do because I promise to follow the law so... Certainly I'd prefer -- and Mr. Cook knows this because he's been in front of me enough. I always like everybody to try to work things out. That's why it's always my first question, "Did you all talk?" I prefer that to happen. I think that's always a better way for it to happen, but this case is '04, so 14 years, you WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 know? And it looks like it -- I mean, it was quiet for a while. Like for ten years or something, it was quiet, and then allegedly it got back out of hand. So, you know, obviously the city doesn't want to have to keep on doing it. Certainly the court would rather not keep on doing it. If I have to do writs of attachment, I will, but I'd really prefer not to do a writ of bodily attachment but, goodness knows, I've done thousands of them over my lifetime so... And Mr. Cook -- well, Mr. Brantley, first of all, is there anything you wanted to tell me? MR. BRANTLEY: Well, I can clarify what the ten-year period is. THE COURT: Okay. MR. BRANTLEY: That far back it was well, I supposedly sold the property. That's how long that's been going on. Well, I finally had to repossess it back, so that put me right back to work. Then the next thing, the same people come back with another contract and sold it. Well, three weeks ago is when it matured, and they didn't close. So to me, I had to get right back to work. So it's hard to move things around when you're waiting on a WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 contract because if I had that, then everything goes, clean the whole property, and close, and build a shopping center, whatever they want to do with it. I mean, that's how that ten years went by. THE COURT: Okay. MR. BRANTLEY: I'm just trying to survive until they actually buy the property, which hasn't happened yet. THE COURT: Which hasn't happened yet. MR. BRANTLEY: Yes. THE COURT: The problem is there's multiple things. You can get rid of the property. You know how to do that. That's not hard, as far as properties, you know? There's always supply and demand if you're down in price, you know, and things like that. You can get rid of property. The problem and certainly I can't force you to do that, but the problem is -- and you have to be thinking about it, too -- is if that property starts on a personal level becoming what it's worth, as far as the headache that it's worth to you is the problem. I'm assuming there's people using that property to dump. Is that what is happening, or what is happening? MR. COOK: Well, it's -- no, it's not so much WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 of a dump. It's -- THE COURT: What's going on there? MR. COOK: It's a -- well, we call it a "junkyard," but it's -- and you can see from the paperwork that that property has been there and been used in various things for I don't know how long, around 50 years. MR. BRANTLEY: Fifty-eight years. THE COURT: Fifty-eight years. MR. COOK: And that all predates the city's zoning ordinances. So he's a permitted use, but a nonconforming use. So it's a junkyard, and he buys and sells stuff so... THE COURT: So that makes it even harder. MR. BRANTLEY: But the answer to the question you were asking, it's never been a dump. It's not a dump. THE COURT: It's not a dump. It's a junkyard. MR. BRANTLEY: Right, and -- THE COURT: And that's -- it is a true junkyard. It's not a -- MR. BRANTLEY: Well, it's not a true junkyard, like the other ones are. I buy and sell a lot of good stuff, and then if something is bad, I scrap it. THE COURT: So it's not, like, I mean, you've WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 got in Stuart, like Snake Road Salvage? MR. BRANTLEY: No. THE COURT: It's not like a salvage yard? MR. BRANTLEY: No. THE COURT: I'm just trying to get an idea of what exactly the property is. MR. BRANTLEY: And the soil has been tested the last -- when I sold it. That had to be done, and it passed. THE COURT: And it passed? MR. BRANTLEY: Yes. I don't want someone to think that I've got contamination in there, you know? THE COURT: Okay. MR. BRANTLEY: That would really ruin me selling it. THE COURT: All right. But you are trying to sell it? MR. BRANTLEY: Oh, I'm going to sell it. I'm just starting 75. I'm ready. THE COURT: Okay. All right. Yeah, because I don't need to be doing that. You've just got to keep it in compliance, obviously. And it makes sense now to see the history of it because at the time it wasn't in the city, within the city limits. When it annexed up, it got bigger, okay? WWW . ATLANT I CRE PORTING . CON 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 MR. COOK: Yeah. I think -- I wasn't here then, but I believe the city enacted their zoning laws in '74, I believe. THE COURT: Less than 58 years ago. MR. COOK: Oh, yeah. MR. BRANTLEY: I started in '61. THE COURT: All right. So, yes, you started a while ago. MR. BRANTLEY: Yeah. I look in the mirror and say "yeah." THE COURT: It definitely predates a lot of this in here so, yeah. The city just, you know -- so you started with the city -- basically, when you started, the city zoning ordinances were not in, and now they are. MR. BRANTLEY: Right. THE COURT: And now we're complying backwards kind of because you do get grandfathered, so there's certain exceptions, but there are certain compliances. Yeah, what I'll do is -- well, Mr. Cook, did you have some testimony you wanted to elicit? MR. COOK: Yes, just very briefly. THE COURT: Okay. And he's already Mr. Brantley has already been sworn in. MR. COOK: I have someone from the city here. Fred, just come over here, so they can swear WWW . AT LANT I CRE P ORT I NG . CON 8c6811 ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 you in. THE COURT: Okay. AND THEREUPON, FRED STERLING, called as a witness on behalf of the Plaintiff herein, after having been first duly sworn by the Court, was examined and testified as follows: THE WITNESS: Yes, I do. THE COURT: Okay. Thank you. You can stand there next to Mr. Cook. That's all right, or stand right in the middle. DIRECT EXAMINATION BY MR. COOK: Q. Could you tell us your name, please? A. Fred Sterling. Q. And, Fred, do you work for the city? A. Yes, I do. Q. And what is your position there? A. Code Compliance Officer. Q. And how long have you done that for the city? A. Thirteen years. Q. So you are very familiar with Mr. Brantley? A. Yes, I am. Q. You've been out there, is it fair to say, countless times? WWW . ATLANT I CRE PORTING . COM 8c681lab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 A. Definitely. Q. Now, you and I have gone over this 2004 court order. And are you aware of the requirements of the order, as far as keeping the property clear -- A. Yes, sir. Q. -- of anything, junk or otherwise? A. Right. Q. And the order says that from the sidewalk on Highway 441 to the east for a 50 -foot right-of-way in there, that has to be completely -- A. Cleared, right. Q. -- cleared? And just a little history. In the past when we've attempted enforcement action with Mr. Brantley, it's true, isn't it, that when that happens, shortly before whatever the event is, whether it's the code board or court, the property is cleaned up? A. Yes, sir. It comes into compliance. Q. And then after the court hearing or code meeting, what happens to the property? A. It's fully reversed back to what it was. Q. All right. And that's happened how many times? Do you have any idea? A. Five, six or seven times. Q. All right. Now, I have here a copy of a letter WWW . AT LANT I CRE PORTING . CON 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 that's attached to our motion from November of last year. A. Uh-huh. Q. And you sent this to Mr. Brantley, a ten-day notice to clean the property? A. Yes, sir. Q. And it was not cleaned in that ten days; is that correct? A. Right. Q. Okay. Now, I have here a series of photos that I've shown Mr. Brantley. You took these. They're date stamped on the photo of October of A. It was back in October. Q. October 27th of 2017? A. Right. Q. And is this a fair example of what the property normally looks like? A. Right. Q. Okay. Then I have some date stamped today. A. I took those this morning. Q. You took these this morning, and this shows the 50 -foot right-of-way? A. Right. Q. And this is how it's supposed to look? A. Right. Q. And this is how the city wants it to look in the WWW . AT LANT I CRE PORTING . COM 8c6811 ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 future -- A. Uh-huh. Q. -- is that correct? A. Right. Q. Okay. THE COURT: Can you show those to Mr. Brantley? MR. COOK: I did earlier, before the hearing. THE COURT: Oh, okay. MR. BRANTLEY: I've seen them, your Honor. THE COURT: Okay. And, Mr. Brantley, do you have any dispute with regard to what was stated, that these are not accurate pictures of back then and now? MR. BRANTLEY: No. THE COURT: Are those accurate? MR. BRANTLEY: They're a true -- they're a true depiction, yes. THE COURT: Okay. All right. And so these will be admitted as the city's -- why don't we do Composite 1 and 2. This will be 1. Any objection to those being admitted? Counsel, were you asking to have them admitted? MR. COOK: Pardon? THE COURT: Were you asking to have them admitted? MR. COOK: Yes, I'd like to. WWW . AT LANT I CRE P ORT I N G .COM 8c6811 ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 THE COURT: So any objection, Mr. Brantley? MR. BRANTLEY: I've got no objection, your Honor. THE COURT: All right. So that will be Composite 1, and this will be Composite 2 for the plaintiff. (Marked Into Evidence as Plaintiff's Composite Exhibits 1 and 2, respectively.) BY MR. COOK: Q. Now, Mr. Sterling, you're aware that Mr. Brantley came before the city council on November 14th, I believe it was? A. Yes, sir. Q. And in any event, from that date until we filed our motion for enforcement and up through yesterday, would you say the property was not in compliance with the court order? A. Yes, sir. Q. Okay. But viewing those photos today, do you believe it is in compliance with the court order? A. I definitely believe it's in compliance. Q. Okay. And, again, your goal, as code officer for the city, is to make sure that it stays that way? A. Yes, sir. Q. And you understand -- I explained it to you, but WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 I think the judge explained it better a few minutes ago here, that the court has the authority in the future, if this happens again, that you, again, give Mr. Brantley ten days notice to come into compliance and, if not, it's possible the court could issue a writ of attachment, where he would immediately be picked up and held until the property comes into compliance? A. Yes, sir. Q. So you understand that procedure? A. Uh-huh. Q. And that's what you are going to use in the future? A. Yes, sir. MR. COOK: Okay. That's all I have, your Honor. THE COURT: A couple of things. I did note on November 1, 2017, the letter that was attached -- the order that you all are talking about, Mr. Cook, that '04 order, do you have a copy of it today by chance? MR. COOK: The final judgment in 2004, yes. THE COURT: Can I see it? It's so old, I can't see it here. MR. COOK: Okay. Count I is the collection of some lien fines. Count II is the public nuisance aspect of it. WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 THE COURT: Okay. Thank you. I mean, you cited in your order -- in your motion the provisions of it, but I just wanted to look at them. I note that the very last page of the motion, which is the letter that was sent out by Mr. Sterling, on behalf of the city -- I'm going to make one suggestion. The violation -- and I just know because I -- and when I was on the Circuit Appellate Panel here in the county Court of Appeals, we had one of these that came up. And the statute is pretty clear on it. The violation notice, the corrected action has to be -- like, what it is, what corrected action has to be taken has to be listed in the notice, or else it won't be -- it can't be enforced so... And I don't see that in there. It just says, "Violation of your property has been cited," and then "State the nature of the city nuisance," but what you just stated here, specifically what it is, the 50 -foot has to be -- you know, you have to state it. The corrective action that is required has to be stated in there. MR. COOK: Yes. THE COURT: So just in the future, I would suggest that. Because it says, "Corrective action required," but it says, "You are in violation of the court order, Case Number --" blah, blah, blah. WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 "Particularly, you have ten days from the date to remedy that," but it didn't say what. Do you see what I'm saying? It just says "your violation." You have to give more specifics. I think Mr. Brantley, in this case, you already knew what the problem was because this was not your first time going through this, so I'm really less concerned about it at this time, but I'd like to see in the future -- I just always, if I see something like that, I try to think about it ahead of time. Just make sure the actual physical that has to happen, that it's in there. MR. COOK: Okay. THE COURT: Yes, Mr. Brantley? Did you -- well, first of all, did you have anything else? MR. BRANTLEY: Everything else went along fine. That order is so vague, it leaves me, more or less, with a film on top of my head that anytime -- and nothing is clarified exactly what it would take because to come in and take something -- and I've worked for 58 years, and it's everything I own in the world, and they can notify me in ten days vague, and then take over my property, is pretty -- that's a pretty tough thing. THE COURT: It's not as easy as that. It can happen, but it can happen very quickly. In other words, it's not quite that easy. There's some other little WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 procedural hurdles, but it can. It can happen rather quickly, though, is the point. It doesn't have to go through all that they went through. Basically, they can go straight to court on an OSC, basically, and ask why the writ shouldn't be issued, at which point it would be noticed for hearing. If you don't appear, or if I don't find good cause, then the writ can be issued at that time. So it's not like you would just be done, and you wouldn't be around, you know? There are procedural hurdles, but they are much lower procedural hurdles than what you've been going through, which is taking from November to March is the point that I think Mr. Cook was trying to make. They don't have to go through all of that, but you still have due process rights. So it's not like it just gets -- we file something, and it gets done. So I don't want you to misinterpret that portion of it, okay? MR. BRANTLEY: All right. THE COURT: Also, like I said, just the letter -- you said that this order is vague, the 2004 final judgment. It's a final order of the court. It's what is called "res judicata," which means it's already the law of the case. It's already adjudged. It's not appealed. It's the law of the case, and you've got to comply with it. WWW . ATLANT I CRE PORTING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 I understand that in your mind it may be vague, but -- and just like the letter that you got, "get in compliance," again, that's what I'm saying, it's -- and that's why I pointed it out. The letter just has to say, "What do I need to do to fix the situation," not just "get in compliance" because they have to state, "Well, now, you're supposed to have the 50 -foot clear. It's not," you know, that kind of thing. So it has to be in there. So that should help remedy that situation, but ultimately, you know, you've got to -- you got to keep it -- you know you can't have anything in that 50 feet. If you do, you're back at it so... But because it has come back multiple times, certainly the state -- I mean the city knows their options. I mean, Mr. Cook has been practicing law for a long enough time. He knows that there are other options available, and I think he's just trying to make sure you're on notice that it doesn't have to go through all of those other hoops because it's already done that. MR. BRANTLEY: Yes. THE COURT: I know they went through public hearings, and you showed up. And they don't necessarily have to do that. It's court order. They've already got a final judgment, so it's already in court. WWW . AT LANT I CRE PORTING . COM 8c6811 ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 So he can -- the city can avert all of that and come straight here is the point, and seek a writ and things like that, okay? MR. BRANTLEY: Yeah. Well, I did not understand, you know, what was in it. I do understand, and I -- THE COURT: I bet you can't wait to sell that property. MR. BRANTLEY: I mean, you've got that right. THE COURT: Mr. Cook, any -- well, Mr. Brantley, did you have any questions of Mr. Sterling, with regard to his testimony? MR. BRANTLEY: No, not really. THE COURT: Okay. Mr. Cook, any other witnesses, evidence or testimony? MR. COOK: No. THE COURT: Any argument from the city? MR. COOK: Yes. As the testimony and the photographs reveal, the property again has come into compliance with the 2005 court order, so we're not seeking any incarceration or other penalties at this time, other than a finding by the court of a willful contempt for violating the court order. And the motion and the order provide for and we're seeking attorney's fees and costs for this motion. WWW . ATLANT I CRE PORTING . CON 8c681lab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 THE COURT: Mr. Cook, are you prepared to submit testimony as to fees and costs, at this time? Are you providing that by testimony today -- MR. COOK: I can do it -- THE COURT: -- or are you just asking to reserve on it to come back? MR. COOK: I think if we can reserve because I don't know the cost for the court reporter yet. THE COURT: Okay. MR. COOK: And I can submit it to Mr. Brantley, and I don't think we'll have a disagreement. THE COURT: All right. So, Mr. Brantley, anything else? Any closing argument that you wanted to tell me, other than what you're already told me? MR. BRANTLEY: No. I only had one other thing. They always gave me the right, when I'm open, during open hours, the stuff -- like, my trucks, something I'm working on for somebody, I can come out, as long as I put it back at night? I never heard any of that mentioned. I don't -- as far as I know, it should still be there, but I just -- that's the only thing I want to make sure about. MR. COOK: Yes. It's not spelled out, but the order says that -- the order does not prohibit him carrying on his regular, lawful business, which requires WWW . ATLANT I CRE PORTING . CON 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 customers to park out front, maybe drive a trailer up there and drop off some stuff and leave, so that's okay. THE COURT: It doesn't -- I mean, I think -- and that's why I was wanting to read through that a little bit, and thank you for providing that because, you know, people still have -- unless it was spelled out that it was prohibited, which I did not see in the final judgment, there's nothing prohibiting that. You know, I kind of -- because part of my assignment is the foreclosure stuff, I kind of think of it, like, when HOA's had an issue with people who have pickup trucks. And it's, like, you can own a pickup truck and park it in your driveway, but every night it's got to be in your garage. It's a similar kind of -- you know, you can -- it's your property during the day, but because how it is transiently is different than how it's maintained. And when it's maintained is when you're shut down at night, you know, and you're doing your thing. So I think that, you know, when you start looking -- I mean, it's obvious from the pictures, you weren't working on all of this stuff, you know? You weren't working on all of this stuff all at the same time. It wasn't put away every night. Obviously, after that you have to get in there, WWW . AT LANT I CRE PORTING . COM 8c681lab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 and clean it up, and do what you needed to do, but before that there's -- you know, there was stuff in there. So I don't see anything in there prohibiting you from carrying on your business and doing what you need to do. Just make sure when you shut down, clean it up. Get that 50 feet cleaned up and ready to go. I mean, the way it looks now, you know, I think you have a black screen up, and it's maintained neat, but there's nothing preventing you from having your customers park there, or from you pulling out a trailer and loading stuff on or doing whatever you're working on that day, as long as you put it away at night. It's like putting your tools away so... MR. BRANTLEY: Yes, your Honor. Thank you. THE COURT: Anything else, Mr. Cook? MR. COOK: No, ma'am. THE COURT: All right. Well, I am going to grant the motion. I am going to find the contempt because -- and I probably would be less inclined to do it, the willful contempt, but for the fact that this has been since November, and it wasn't -- well, actually October, but it wasn't your first -- this has been a long history. You know you have to keep that clean, but I am not going to -- as far as there is no sanction, other than attorney's fees and costs for the city having to WWW . ATLANT I CRE PORTING . COM 8c681lab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 come all the way to court to do it, but not other than that, and I'll reserve on that amount. Hopefully, you and Mr. Cook can work it out, so you don't have to have another hearing on fees and costs. Hopefully, you can all can work that one out, okay? All right. Mr. Brantley, good luck to you. I hope you're able to get that property sold. MR. BRANTLEY: Thank you, your Honor. MR. COOK: Thank you, your Honor. (The proceedings were concluded at 11:04 a.m.) WWW . AT LANT I CRE PORTING . COM 8c6811 ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF FLORIDA COUNTY OF MARTIN SS CERTIFICATE Page 26 I, CHERYL LEE SOKOL, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. DATED this 10th day of April, 2018. CHERYL THIS TRANSCRIPT IS DIGITALLY SIGNED. SHOULD THERE BE ANY CHANGE MADE, THE SIGNATURE WILL DISAPPEAR. WWW . ATLANT I CRE PORT I NG . COM 8c681lab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 Page 27 A a.m 1:14 25:10 able 4:1 25:7 accurate 14:12 14:14 action 12:14 17:11,12,19,23 actual 18:11 addition 5:4 adjudged 19:23 adjudication 4:25 admitted 14:18 14:20,21,24 ago 6:22 10:4,8 16:1 ahead 18:10 allegedly 6:4 amount 25:2 annexed 9:25 answer 8:15 Anybody 3:3 anytime 18:17 appealed 19:24 Appeals 17:9 appear 19:7 appearances 1:16 3:16 appears 4:21 Appellate 17:8 April 26:11 argument 21:17 22:13 asking 8:16 14:21,23 22:5 aspect 16:24 assignment 23:10 assuming 7:22 attached 13:1 16:17 attachment 5:5 5:10 6:8,9 16:5 attempted 12:14 attorney 3:17 attorney's 21:25 24:25 authority 16:2 authorized 26:7 available 20:18 Avenue 1:18,21 avert 21:1 aware 12:3 15:10 B back 5:8 6:4,16 6:19,20,21,24 12:21 13:12 14:12 20:13,14 22:6,19 backwards 10:16 bad 8:24 basically 10:13 19:4,5 becoming 7:20 beginning 1:14 behalf 11:5 17:6 believe 10:2,3 15:11,20,21 bet 21:7 better 5:11,24 16:1 bigger 9:25 bit 23:5 black 24:8 blah 17:25,25,25 board 12:16 bodily 6:9 Brantley 1:7,20 1:22 3:4,5,6,10 3:14,19,19,24 4:21 5:3,11 6:11,13,16 7:6 7:10 8:8,15,19 8:22 9:2,4,7,11 9:14,18 10:6,9 10:15,23 11:22 12:14 13:3,10 14:6,9,10,13 14:15 15:1,2 15:10 16:3 18:5,13,15 19:18 20:21 21:4,9,11,13 22:10,12,15 24:14 25:6,8 briefly 10:21 BUCHANAN 1:12 build 7:2 business 22:25 24:4 buy 7:7 8:23 buys 8:12 C C 3:1 call 8:3 called3:11 11:5 19:22 carrying 22:25 24:3 case 1:3 3:3 5:25 17:25 18:5 19:23,24 cause 1:11 19:8 center 7:3 certain 10:18,18 certainly 5:20 6:6 7:17 20:15 CERTIFICATE 2:5 26:4 certify 26:7 chance 3:23 16:19 CHANGE 26:15 CHERYL 26:6 26:13 Circuit 1:1,1 17:8 cited 17:2,15 city 1:4,17,18 3:3,17,18 4:18 5:9 6:5 9:24,25 10:2,12,13,14 10:24 11:16,20 13:25 15:11,23 17:6,16 20:15 21:1,17 24:25 city's 3:21 8:10 14:18 clarified 18:18 clarify 6:13 clean 7:2 13:4 24:1,5,23 cleaned 12:17 13:6 24:6 clear 12:4 17:10 20:7 cleared 12:11,12 close 6:23 7:2 closing 22:13 code4:17 11:19 12:16,19 15:22 collection 16:23 come 3:4 6:21 10:25 16:4 18:18 20:14 21:2,19 22:6 22:18 25:1 comes 12:18 16:7 complete 26:9 completely 12:10 compliance 4:22 5:13 9:22 11:19 12:18 15:16,20,21 16:4,7 20:3,6 21:20 compliances 10:18 comply 19:25 complying 10:16 Composite 2:14 14:19 15:5,5,7 concerned 18:7 concluded 25:10 contamination 9:12 contempt 3:21 5:1,4 21:23 24:18,20 contempts 4:9 contract 6:21 7:1 Cook 1:4,19 2:4 3:17,17,20,22 3:25 4:3,6,13 4:16,24 5:20 6:11 7:25 8:3 8:10 10:1,5,19 10:21,24 11:10 11:13 14:7,22 14:25 15:9 16:14,18,20,23 17:21 18:12 19:13 20:16 21:10,14,16,18 22:1,4,7,10,23 24:15,16 25:3 25:9 copy 12:25 16:19 correct 3:21 13:7 14:3 corrected 17:11 17:12 corrective 17:19 17:23 cost 22:8 costs 21:25 22:2 24:25 25:4 council 15:11 Counsel 14:21 Count 16:23,24 countless 11:25 county 1:2,13 17:8 26:2 couple 16:16 court 1:1,12 3:3 3:7,12,15,20 3:23 4:1,3,5,8 4:14,22,23 5:13,16,17 6:6 6:15 7:5,9,11 8:2,9,14,18,20 8:25 9:3,5,10 9:13,16,20 10:4,7,11,16 10:22 11:2,6,9 12:2,17,19 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 28 14:6,8,10,14 14:17,23 15:1 15:4,16,20 16:2,5,16,21 17:1,9,22,25 18:13,23 19:4 19:19,21 20:22 20:24,25 21:7 21:10,14,17,20 21:22,23 22:1 22:5,8,9,12 23:3 24:15,17 25:1 Courthouse 1:13 CP 26:13 customers 23:1 24:9 D D 2:1 3:1 date 13:10,18 15:14 18:1 DATED 26:11 day 1:15 23:15 24:11 26:11 days 5:13 13:6 16:4 18:1,21 Defendant 1:8 1:20 definitely 10:11 12:1 15:21 demand 7:14 depiction 14:16 different 23:16 DIGITALLY 26:14 DIRECT 2:4 11:12 disagreement 22:11 DISAPPEAR 26:15 discussed 4:16 dispute 14:11 doing 6:6,7 9:21 23:19 24:4,11 drive 23:1 driveway 23:13 drop 23:2 due 19:15 duly3:11 11:6 dump 7:23 8:1 8:16,17,18 E E 2:1 3:1,1 earlier 14:7 east 12:9 easy 18:23,25 elicit 10:20 enacted 10:2 enforced 17:13 enforcement 3:21 5:1,11 12:14 15:15 ESQ 1:19 event 12:16 15:14 everybody 5:22 evidence 2:14 15:7 21:15 ex.rel 1:4 exactly 9:6 18:18 EXAMINATI... 2:2,4 11:12 examined 3:12 11:7 example 13:15 exceptions 10:18 Exhibits 2:13 15:8 explain 5:3 explained 15:25 16:1 F fact 24:20 fair 11:24 13:15 familiar 11:22 far 6:16 7:13,20 12:4 22:20 24:24 fees 21:25 22:2 24:25 25:4 feet 20:12 24:6 Fifty-eight 8:8,9 file4:6 19:16 filed 15:14 film 18:17 final 16:20 19:21 19:21 20:25 23:7 finally 6:19 find 19:7 24:18 finding 21:22 fine 18:15 fines 16:24 first 3:11 5:23 6:11 11:6 18:6 18:14 24:22 Five 12:24 fix20:5 FL 1:19,21 Florida 1:2,5,13 26:1 follow 5:19 follows 1:16 3:13 11:7 force 7:17 foreclosure 23:10 foregoing 26:8 Fred 2:3 10:25 11:4,15,16 front 5:21 23:1 fully 12:21 future 5:6,8 14:1 16:2,12 17:22 18:9 G G 3:1 garage 23:14 give4:3 16:3 18:3 go 19:3,4,14 20:19 24:6 goal 15:22 goes 7:1 going 4:25 5:9,9 6:18 8:2 9:18 16:11 17:6 18:7 19:12 24:17,18,24 good 8:23 19:7 25:6 goodness 6:9 grandfathered 10:17 grant 24:18 H Hall 1:18 hand 3:8 6:4 happen 5:15,24 5:25 18:11,24 18:24 19:1 happened 7:7,9 12:22 happening 7:23 7:24 happens 12:15 12:20 16:3 hard 6:25 7:13 harder 8:14 head 18:17 headache 7:21 heard 22:19 hearing 1:11 12:19 14:7 19:6 25:4 hearings 20:23 held 16:6 help 20:10 Highway 12:9 history 4:4 5:7 9:23 12:13 24:23 HOA's 23:11 Honor 14:9 15:3 16:15 24:14 25:8,9 Honorable 1:12 hoops 20:20 hope 25:7 Hopefully 25:3,5 hour 1:14 hours 22:17 hurdles 19:1,10 19:11 I idea 9:5 12:23 II 16:24 immediately 16:6 incarceration 21:21 inclined 24:19 involved 3:3 issue 16:5 23:11 issued 19:6,8 J John 1:4,19 3:17 judge 1:124:9 4:10 16:1 judgment 16:20 19:21 20:25 23:8 judicata 19:22 JUDICIAL 1:1 junk 12:6 junkyard 8:4,12 8:18,21,22 K keep 6:6,7 9:21 20:11 24:23 keeping 12:4 kind 10:17 20:8 23:9,10,14 knew 18:6 know 5:16 6:1,5 7:12,14,15 8:6 9:12 10:12 17:7,18 19:10 20:8,11,12,22 21:5 22:8,20 23:6,9,15,19 23:20,22 24:2 24:7,23 knows 5:20 6:9 20:15,17 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 29 L LAURIE 1:12 law 5:19 19:23 19:24 20:16 lawful 22:25 laws 10:2 leave 23:2 leaves 18:16 LEE 26:6,13 letter 12:25 16:17 17:5 19:20 20:2,4 level 7:20 lien 16:24 lifetime 6:10 limits 9:25 listed 17:12 little 12:13 18:25 23:5 loading 24:10 long 6:17 8:6 11:20 20:17 22:18 24:12,22 look 10:9 13:23 13:25 17:3 looking 23:20 looks 6:2 13:16 24:7 lot5:10 8:23 10:11 lots 5:17 lower 19:11 luck 25:6 M ma'am 3:6 24:16 maintained 23:17,18 24:8 March 1:15 19:12 Marked 15:7 MARTIN 26:2 Marvin 1:7,20 1:22 3:10,19 matured 6:22 mean 6:2 7:3 8:25 17:1 20:15,16 21:9 23:3,20 24:7 means 19:22 meeting 12:19 mentioned 22:19 Metzger 4:9 middle 11:11 mind 20:1 minute 5:7 minutes 16:1 mirror 10:9 misinterpret 19:17 morning 4:21 13:19,20 motion 3:21 4:10,19 13:1 15:15 17:2,4 21:24,25 24:18 move 6:25 multiple 7:11 20:14 N N 2:1 3:1 name 11:14 names 3:16 nature 17:16 neat 24:8 necessarily 20:23 need 3:7 9:21 20:5 24:4 needed 24:1 neither 5:16 never 8:16 22:19 night 4:22 22:19 23:13,19,24 24:12 NINETEENTH 1:1 nonconforming 8:12 normally 13:16 note 16:16 17:4 notes 26:10 notice 5:13 13:4 16:4 17:10,13 20:19 noticed 19:6 notify 18:20 November 13:1 15:11 16:17 19:12 24:21 nuisance 16:24 17:16 Number 17:25 O O 3:1 o'clock 1:14 objection 14:19 15:1,2 obvious 23:21 obviously 6:5 9:22 23:25 October 13:11 13:12,13 24:22 officer 4:17 11:19 15:22 Oh 4:13 9:18 10:5 14:8 okay 3:7,20 4:13 4:23 6:15 7:5 9:13,20,25 10:22 11:2,9 13:9,18 14:5,8 14:10,17 15:19 15:22 16:14,23 17:1 18:12 19:17 21:3,14 22:9 23:2 25:5 Okeechobee 1:2 1:5,13,13,17 1:19,21 3:4,18 old 4:11 16:21 ones 8:23 open 22:16,16 options 20:16,17 order 4:22 5:4 5:14 12:3,3,8 15:17,20 16:18 16:19 17:2,25 18:16 19:20,21 20:24 21:20,23 21:24 22:24,24 ordinances 8:11 10:14 OSC 19:5 P P 3:1 page 2:2 17:4 Panel 17:8 paperwork 8:5 Pardon 14:22 park 23:1,13 24:10 Parrott 1:21 part 23:9 Particularly 18:1 passed 9:9,10 penalties 21:21 people 6:21 7:22 23:6,11 period 6:14 permits 5:5 permitted 8:11 personal 7:20 photo 13:11 photographs 4:19,20 21:19 photos 13:9 15:19 physical 18:11 picked 5:14 16:6 pickup 23:12,12 pictures 14:12 23:21 plaintiff 1:6,17 11:5 15:6 Plaintiff's 2:14 15:7 please 3:4 11:14 point 19:2,6,13 21:2 pointed 20:4 portion 19:17 position 5:8 11:18 possible 16:5 possibly 5:14 powers 5:5 practicing 20:16 predates 8:10 10:11 prefer 5:20,23 6:8 prepared 22:1 present 4:18,24 pretty 4:3 17:10 18:22,22 preventing 24:9 price 7:15 prior 4:9 PRO 1:22 probably 5:11 24:19 problem 7:11,17 7:18,21 18:6 procedural 19:1 19:10,11 procedure 16:9 proceed 5:9 proceedings 1:6 25:10 26:8 process 5:12 19:15 Professional 26:6 prohibit 22:24 prohibited 23:7 prohibiting 23:8 24:3 promise 5:18 properties 7:13 property 6:17 7:2,7,12,16,19 7:22 8:5 9:6 12:4,17,20 13:4,15 15:16 16:7 17:15 18:21 21:8,19 23:15 25:7 provide 21:24 providing 22:3 23:5 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 30 provisions 17:2 public 16:24 20:22 pulling 24:10 put 6:20 22:18 23:23 24:12 putting 24:12 Q question 5:23 8:15 questions 21:11 quicker 5:10 quickly 18:24 19:2 quiet 6:2,4 quite 18:25 R R 1:4,19 3:1 raise 3:7 read 4:6 23:4 ready 9:19 24:6 really 6:8 9:14 18:7 21:13 record 3:16 26:9 referenced 4:10 regard 14:11 21:12 Registered 26:6 regular 22:25 remedies 5:2 remedy 18:1 20:10 repeats 5:7 report 26:8 reporter 2:5 22:8 26:7 repossess 6:19 required 17:19 17:24 requirements 12:3 requires 22:25 res 19:22 reserve 22:6,7 25:2 resolve 4:1 respectively 15:8 revea121:19 reversed 12:21 rid 7:12,15 right 3:8 4:16 6:20,24 8:19 9:16,20 10:7 10:15 11:10,10 12:7,11,22,25 13:8,14,17,22 13:24 14:4,17 15:4 19:18 21:9 22:12,16 24:17 25:6 right-of-way 12:9 13:21 rights 19:15 Road 9:1 Roby 4:10 RPR 26:13 ruin 9:14 S S 1:21 3:1 S.E 1:18 salvage 9:1,3 sanction 24:24 saying 18:3 20:3 says 12:8 17:14 17:23,24 18:3 22:24 scanned 4:11 scrap 8:24 screen 24:8 SE1:22 see4:12 5:6 8:4 9:23 16:21,22 17:14 18:2,8,9 23:7 24:3 seek 4:25 21:2 seeking 5:1 21:21,25 seen 14:9 se118:23 9:17,18 21:7 selling 9:15 sells 8:13 sense 9:23 sent 13:3 17:5 series 13:9 seven 12:24 shopping 7:2 shortly 12:15 show 14:6 showed 20:23 shown 13:10 shows 13:20 shut 23:18 24:5 sidewalk 12:8 SIGNATURE 26:15 SIGNED 26:14 similar 23:14 sir 12:5,18 13:5 15:13,18,24 16:8,13 situation 20:5,10 six 12:24 Snake 9:1 soi19:7 SOKOL 26:6,13 sold 6:17,21 9:8 25:7 somebody 22:18 specifically 17:17 specifics 18:4 spelled 22:23 23:6 SS 26:1 stamped 13:11 13:18 stand 11:9,10 start 23:20 started 10:6,7,13 10:13 starting 9:19 starts 7:19 state 1:2 3:16 17:16,18 20:6 20:15 26:1 stated 14:11 17:17,19 statute 17:10 stays 15:23 stenographic 26:10 stenographica... 26:8 Sterling 2:3 11:4 11:15 15:10 17:5 21:11 straight 19:4 21:2 Stuart 9:1 stuff 8:13,24 22:17 23:2,10 23:22,23 24:2 24:11 submit 22:2,10 suggest 17:23 suggestion 17:6 supply 7:14 support 4:19 supposed 13:23 20:7 supposedly 6:17 sure 4:6 15:23 18:10 20:18 22:22 24:5 survive 7:6 swear 10:25 sworn 3:12 4:18 10:23 11:6 synopsis 4:4 system 4:12 T take 18:18,19,21 taken 4:20 17:12 talk 3:23 5:23 talking 16:18 te116:12 11:14 22:14 ten 5:12 6:3 7:4 13:6 16:3 18:1 18:21 ten-day 13:3 ten-year 6:14 tested 9:7 testified 3:12 11:7 testimony 4:18 4:25 10:20 21:12,15,18 22:2,3 thank3:15 11:9 17:1 23:5 24:14 25:8,9 thing 4:4,8 6:20 18:22 20:8 22:15,21 23:19 things 5:18,22 6:25 7:12,15 8:6 16:16 21:3 think 4:9,11 5:8 5:24 9:12 10:1 16:1 18:5,10 19:13 20:18 22:7,11 23:3 23:10,20 24:7 thinking 7:19 Thirteen 11:21 thousands 6:10 three 6:22 time 9:24 18:7,8 18:10 19:8 20:17 21:22 22:2 23:23 times 11:25 12:22,24 20:14 today4:17 13:18 15:19 16:19 22:3 told 22:14 too15:11 tools 24:13 top 18:17 tough 18:22 trailer 23:1 24:10 transcript 1:6 26:9,14 transiently 23:16 truck 23:13 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 31 trucks 22:17 23:12 true 8:20,22 12:15 14:15,15 26:9 try 5:22 18:10 trying 7:6 9:5,16 19:13 20:18 two 4:9 U Uh-huh 13:2 14:2 16:10 ultimately 20:11 understand 5:4 15:25 16:9 20:1 21:5,5 understands 5:12 use 8:11,12 16:11 V vague 18:16,21 19:20 20:1 various 8:6 versus 3:4 viewing 15:19 violating 21:23 violation 17:7,10 17:15,24 18:3 vs 1:6 w wait 21:7 waiting 6:25 want 5:15 6:5 7:3 9:11 19:17 22:21 wanted 6:12 10:20 17:3 22:13 wanting 23:4 wants 13:25 wasn't 9:24 10:1 23:23 24:21,22 way 5:24 15:23 24:7 25:1 we'1122:11 we're 4:25 5:1,9 10:16 21:20,25 we've 12:14 weeks 6:22 went 7:4 18:15 19:4 20:22 weren't 23:21,22 willful 21:22 24:20 witness 2:3 3:11 11:5,8 witnesses 21:15 words 18:24 work 5:22 6:20 6:24 11:16 25:3,5 worked 18:19 working 22:18 23:21,22 24:11 world 18:20 worth 7:20,21 wouldn't 19:9 writ 5:5,10,14 6:9 16:5 19:5,8 21:2 writs 6:7 X X 2:1 Y yard 9:3 yeah 9:20 10:1,5 10:9,10,12,19 21:4 year 13:1 years 5:25 6:3 7:4 8:7,8,9 10:4 11:21 18:19 yesterday 15:15 z zoning 8:11 10:2 10:14 0 04 5:25 16:18 1 12:14 14:19,19 15:5,8 16:17 10:40 1:14 10th 26:11 112:3,4 11:0425:10 14 5:25 14th 15:11 15 2:14 1905 1:21 2 2 2:14 14:19 15:5,8 2004 12:2 16:20 19:20 2004 -CA -309 1:3 2005 21:20 2017 13:13 16:17 2018 1:15 26:11 26 2:5 27th 13:13 29th 1:14 3 34972 1:21 34974 1:19 3rd 1:18 4 441 12:9 5 50 8:6 20:12 24:6 50 -foot 12:9 13:21 17:17 20:7 55 1:18 58 10:4 18:19 6 61 10:6 7 74 10:3 75 9:19 WWW.ATLANTICREPORTING.COM (800) 336-0050 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, a municipal Corporation under the laws of the STATE OF FLORIDA Plaintiff Vs. MARVIN BRANTLEY Defendant ORDER ON MOTION FOR CONTEMPT/ENFORCEMENT THIS CAUSE came before the court on March 29, 2018 upon the motion of plaintiff CITY OF OKEECHOBEE, FLORIDA for criminal contempt/enforcement of the Court's final judgment and injunction entered in this cause in June , 2004, and upon appearance of counsel for the City of Okeechobee, and defendant Marvin Brantley pro se, It is: ORDERED as follows: 1. The court finds that the defendant was properly noticed for the alleged violation of the courts final judgment, and of this hearing. 2. The basis for the plaintiffs motion arises out of the 2004 final judgment, which in count I, imposed fines for defendants initial violation of City codes, and in count II, which declared the real property of defendant to be a public nuisance under Ch. 60, and Ch. 823. Pursuant to the nuisance count, the court entered an injunction and abatement of nuisance under the provisions of to Ch. 60.05 and 60.06, prohibiting defendant from further engaging in activities which would constitute a violation of the courts final Judgment, and which is enforceable via an order of contempt. The plaintiff and defendant stipulated to the entry of the order. 3. The court records indicate that the City of Okeechobee has twice previously filed a motion for contempt and enforcement against defendant, for the identical conduct as raised in the instant motion alleging violation of the courts final order and injunction, and for which the court entered orders of willful contempt of court. 4. The court heard from city code enforcement officer Fred Sterling, who testified and provided photographs to the court which clearly showed in October 2017 that defendant was in violation of the courts final judgment, which terms and obligations of defendant are particularly set out in paragraph 18 of the judgment. He further provided photographs taken the date of the hearing, March 29, and testified that the defendants property was now in compliance with the courts 2004 final judgment. 5. The defendant testified before the court as to the condition of the property, and the number of years he has operated out of this property, but offered no mitigation, or defense or objection to the facts as alleged by the City of Okeechobee. 6. The court admonished the defendant that with two prior orders of contempt issued against him by the court, that the final judgment also provides a remedy for enforcement of the judgment and injunction, by issuance of a writ of attachment, as provided in paragraph 20 of the judgment. The court further explained to the defendant that upon affidavit and request of the City of Okeechobee, any future material violation of the final judgment could result in the court issuing the writ of attachment, which would include, after ten days notice to defendant to come into compliance with the final judgment, an immediate period of incarceration until defendant came into full compliance with the final judgment. The defendant stated he clearly understood that method of enforcement. 7. The court finds that as of the date of today's hearing, by clear and convincing evidence, the Defendant is now in compliance with the 2004 final judgment of the court. However, upon the testimony and photographic evidence presented to the court dating to October 2017, and continuing into January 2018 when plaintiff filed their motion, the defendant was in willful violation of the courts 2004 final judgment. The court finds and orders that the defendant Marvin Brantley is in willful criminal contempt of this courts final judgment. The court will not impose a period of incarceration at this time. 8. The court grants the request of plaintiff City of Okeechobee, and reserves jurisdiction for, an award of attorney's fees and costs, which may be submitted by affidavit and stipulation of the parties, or by a subsequent court hearing if necessary. DONE AND ORDERED this day of April, 2018. CIRCUIT JUDGE CC: John R. Cook Marvin Brantley IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, a municipal Corporation under the laws of the STATE OF FLORIDA Plaintiff Vs. MARVIN BRANTLEY Defendant ORDER ON MOTION FOR CONTEMPT/ENFORCEMENT THIS CAUSE came before the court on March 29, 2018 upon the motion of plaintiff CITY OF OKEECHOBEE, FLORIDA for criminal contempt/enforcement of the Court's final judgment and injunction entered in this cause in June , 2004, and upon appearance of counsel for the City of Okeechobee, and defendant Marvin Brantley pro se, It is: ORDERED as follows: 1. The court finds that the defendant was properly noticed for the alleged violation of the courts final judgment, and of this hearing. 2. The basis for the plaintiffs motion arises out of the 2004 final judgment, which in count I, imposed fines for defendants initial violation of City codes, and in count II, which declared the real property of defendant to be a public nuisance under Ch. 60, and Ch. 823. Pursuant to the nuisance count, the court entered an injunction and abatement of nuisance under the provisions of to Ch. 60.05 and 60.06, prohibiting defendant from further engaging in activities which would constitute a violation of the courts final Judgment, and which is enforceable via an order of contempt. The plaintiff and defendant stipulated to the entry of the order. 3. The court records indicate that the City of Okeechobee has twice previously filed a motion for contempt and enforcement against defendant, for the identical conduct as raised in the instant motion alleging violation of the courts final order and injunction, and for which the court entered orders of willful contempt of court. 4. The court heard from city code enforcement officer Fred Sterling, who testified and provided photographs to the court which clearly showed in October 2017 that defendant was in violation of the courts final judgment, which terms and obligations of defendant are particularly set out in paragraph 18 of the judgment. He further provided photographs taken the date of the hearing, March 29, and testified that the defendants property was now in compliance with the courts 2004 final judgment. 5. The defendant testified before the court as to the condition of the property, and the number of years he has operated out of this property, but offered no mitigation, or defense or objection to the facts as alleged by the City of Okeechobee. 6. The court admonished the defendant that with two prior orders of contempt issued against him by the court, that the final judgment also provides a remedy for enforcement of the judgment and injunction, by issuance of a writ of attachment, as provided in paragraph 20 of the judgment. The court further explained to the defendant that upon affidavit and request of the City of Okeechobee, any future material violation of the final judgment could result in the court issuing the writ of attachment, which would include, after ten days notice to defendant to come into compliance with the final judgment, an immediate period of incarceration until defendant came into full compliance with the final judgment. The defendant stated he clearly understood that method of enforcement. 7. The court finds that as of the date of today's hearing, by clear and convincing evidence, the Defendant is now in compliance with the 2004 final judgment of the court. However, upon the testimony and photographic evidence presented to the court dating to October 2017, and continuing into January 2018 when plaintiff filed their motion, the defendant was in willful violation of the courts 2004 final judgment. The court finds and orders that the defendant Marvin Brantley is in willful criminal contempt of this courts final judgment. The court will not impose a period of incarceration at this time. 8. The court grants the request of plaintiff City of Okeechobee, and reserves jurisdiction for, an award of attorney's fees and costs, which may be submitted by affidavit and stipulation of the parties, or by a subsequent court hearing if necessary. DONE AND ORDERED this day of April, 2018. CIRCUIT JUDGE CC: John R. Cook Marvin Brantley IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, a municipal Corporation under the laws of the STATE OF FLORIDA Plaintiff Vs. MARVIN BRANTLEY Defendant ORDER ON MOTION FOR CONTEMPT/ENFORCEMENT THIS CAUSE came before the court on March 29, 2018 upon the motion of plaintiff CITY OF OKEECHOBEE, FLORIDA for criminal contempt/enforcement of the Court's final judgment and injunction entered in this cause in June , 2004, and upon appearance of counsel for the City of Okeechobee, and defendant Marvin Brantley pro se, It is: ORDERED as follows: 1. The court finds that the defendant was properly noticed for the alleged violation of the courts final judgment, and of this hearing. 2. The basis for the plaintiffs motion arises out of the 2004 final judgment, which in count I, imposed fines for defendants initial violation of City codes, and in count II, which declared the real property of defendant to be a public nuisance under Ch. 60, and Ch. 823. Pursuant to the nuisance count, the court entered an injunction and abatement of nuisance under the provisions of to Ch. 60.05 and 60.06, prohibiting defendant from further engaging in activities which would constitute a violation of the courts final Judgment, and which is enforceable via an order of contempt. The plaintiff and defendant stipulated to the entry of the order. 3. The court records indicate that the City of Okeechobee has twice previously filed a motion for contempt and enforcement against defendant, for the identical conduct as raised in the instant motion alleging violation of the courts final order and injunction, and for which the court entered orders of willful contempt of court. 4. The court heard from city code enforcement officer Fred Sterling, who testified and provided photographs to the court which clearly showed in October 2017 that defendant was in violation of the courts final judgment, which terms and obligations of defendant are particularly set out in paragraph 18 of the judgment. He further provided photographs taken the date of the hearing, March 29, and testified that the defendants property was now in compliance with the courts 2004 final judgment. 5. The defendant testified before the court as to the condition of the property, and the number of years he has operated out of this property, but offered no mitigation, or defense or objection to the facts as alleged by the City of Okeechobee. 6. The court admonished the defendant that with two prior orders of contempt issued against him by the court, that the final judgment also provides a remedy for enforcement of the judgment and injunction, by issuance of a writ of attachment, as provided in paragraph 20 of the judgment. The court further explained to the defendant that upon affidavit and request of the City of Okeechobee, any future material violation of the final judgment could result in the court issuing the writ of attachment, which would include, after ten days notice to defendant to come into compliance with the final judgment, an immediate period of incarceration until defendant came into full compliance with the final judgment. The defendant stated he clearly understood that method of enforcement. 7. The court finds that as of the date of today's hearing, by clear and convincing evidence, the Defendant is now in compliance with the 2004 final judgment of the court. However, upon the testimony and photographic evidence presented to the court dating to October 2017, and continuing into January 2018 when plaintiff filed their motion, the defendant was in willful violation of the courts 2004 final judgment. The court finds and orders that the defendant Marvin Brantley is in willful criminal contempt of this courts final judgment. The court will not impose a period of incarceration at this time. 8. The court grants the request of plaintiff City of Okeechobee, and reserves jurisdiction for, an award of attorney's fees and costs, which may be submitted by affidavit and stipulation of the parties, or by a subsequent court hearing if necessary. DONE AND ORDERED this day of April, 2018. SIGNED AND DATED APR 2 4 2018 LAURIE E. BUCHANAN CIRCUIT .n inGE CIRCUIT JUDGE CC: John R. Cook Marvin Brantley U6r, t H./ COMMITTED TO THE y/l,ilir.' 1 (1l .)FSEIZ\fl. ROBERT G. RYDZEWSKI, JR., ESQ. OF COUNSEL Marvin W. Brantley Marvin S. Brantley 1365 U.S. Highway 441 S.E. Okeechobee, Florida 34974-7303 ADMITTED TO THE FLORIDA BAR AND THE U.S. DISTRICT COURT FOR THE MIDDLE AND SOUTHERN DISTRICT OF FLORIDA July 28, 2018 Sent Regular and Certified Mai; /RRR RE Parcel No.: 2-28-37-35-0A00-00022-0000 Dear. Mr. Marvin W. Brantley and Mr. Marvin S. Brantley: As you know, this firm has the pleasure of representing Mr. Layne Brown with regard to the removal of your personal property from the above -referenced parcel. Not only have you failed to remove all of your personal property from the parcel, you have intentionally fenced and obstructed access to the parcel (pictures enclosed). Because of your willful actions, Mr. Brown is no longer willing to allow you access onto the parcel to remove any of the property. Therefore, please be advised that the previous trespass order is reinstated, effectively immediately, and you and/or your agents will be arrested for further entry upon the parcel. The only authorized parties that may enter the parcel are the owner and the owner's authorized representatives, including the vendors hired to clear the parcel. At their request, I have copied Detective Saum and Lieutenant Bernst of the Okeechobee Police Department with this letter to ensure that everyone is on the same page. I trust that you will heed this trespass notice and there will be no issues in the future. Kindly govern yourselves accordingly. ROBERT G. RYDZEW I, JR. RGR/bh www.TreasureCOOStLegat.com FORT PIERCE i..' Delaware Avenue I'ort Picky, FL 3 i950 M;cin. 772.283.2626 1 F3r: 772,38 3.6262 STUART too FCX' Albany Ave, Suite 31 Stuart, 1'I. 3499i Main: 772.283.2626 I Fax: 772.283.6262 P(M(_C S'[ LUCIi 13.'. S\V' Baysimre Blvd. Port St. Lucie, FL i t98a Main: 772.283,2626 Fax: 772,28 3,636? Enclosures: Pictures and Trespass Affidavit cc: Detective Bill Saum, Okeechobee Police Department, 50 S.E. 2❑d Avenue, Okeechobee, FL 34974; Lieutenant Bernst, Okeechobee Police Department, 50 S.E. 2nd Avenue, Okeechobee, FL 34974; and 34974. City of Okeechobee, Code Enforcement Division, 55 S.E. 3rd Avenue, Okeechobee, FL .TrcasureCoascLe ,a l.ct)tn FORT PIERCE: • 123 t)clawark; Awl nal: Fort Picric, FL .stain• 772.283?626 I Fax; 772,283,6262 STL IART 100 S\Y' Albany Avc, Suitt: + 10 Stuart, Fl. 3.099 I Main: 772.283262(( Fax; 772,283.6262 PORI' ST. LU'CIE 9i! S\' Bar,liorc Blvd. Tort Sr. Lucie, FI, 31983 Alain: 772.283.2626 ( Fax: 77 2.283,6262 • •"j:1, kr <'I j i.'ti K.f 03/07J2018 14:22 E SAM )74V)8637637804 P.002/009 OKEECIIIIIIIIIEF POLICE 1IFTMFJT 3f, ST. /114 Aw...mee+Okeechobee, .Florida 3.474*Phone:(86:3) 763-5:521 TRESPASS,__T)AN /IT CASE # ) o5c7 0V4, • Sworn officers of the Okeechobee Police Department are authorized representatiws to enforce FSS.810.08 and/ or 810.09 (Trespass)and wam/direct alr.ry person to leave the premises of RESIDENT/ BUSINESS NAME: (idagitztoiuz.&rt - 00.-aco„12wo ADDRESS: (P,...) Pa_ (---r-stf-- crry: CV-vainoe.r._., STATE: Etza,;J4(47(tt PHONE: PHONE: I3Z9 JL- 1 ALMRNATE PHONE: 7ISL" 3 Okeechobee County, Florida. Authority is hereby granted by the JTi of said property: iviuntigeriOmpr MANAGER/ INI\ 0,141 VYL.) 4,M)Y-\, ADDREMOKYMB) f(I ires. rnaw20orry:lz,c...,71,;t1?07e—b3 STATE: CO, 4ZTP: (i)/ ?/// PHONB:(HOME) _ PHONE:(CELT) -,F,,9,a2,51. P5OOK)/ frWth DOB:q' S'Sig 44: :c/ 4 1 max: rY\ MIGHT; 6,/4 WEI01-3T: ;Act? ES:- - HAIR COLOR; "42 %-vY ,./eirJuR TYPE/LENGTH: 1* hereby request and authorize sworn law enforcement officers from the Okeechobee Police Department to act as my agent to enforce FSS.810.08 and/or 810.09(Trespass) on property and surrounding c-artilage (including parking areas) of the above residence/ business:N-0,6R17 acknovi,,iedge that 1 wffl assist with the prosecution of persons arrested by adt.h.orized agents ofthe above residence/business, R24,P6(477' -7-7/ orizeritignatutt/ TV- 0 13-4/Me_'2,7e: , 20/3 Date Stat Of Florida, County Of Okeechobee The for: ing insnument was acknowledged before me this day of 20 DATE — fl .2Oi3 by , who is personally known to me, cr,, has produced itui*:ceal SiITith N as identification. Typv TdcrItiftwtion °faces Sismatme Notr Public, Print, Type, or Stamp. Cora. Luissionori Name; OPD!FORM 2011-B t =-zi a.44,44:*.naturhagAliiturawil.. 174114 MftNRE'(L 9t b iCAlitonvz: • ..1i Ivio • Ccrunty ?201 109 ,it Ju 20j CALIFORM ir.LL^PURPOSE .r,t..;; NOW" li,.i=LLGIVIEN1I CIVIL CODE § 1189 ^t . -'454, ..�:�:a:%c:Ca:.ci •.Ya_.,x..c .nc:s.K.ou :c::'. 'Yk;c:eCs?�Sx,� �s;sz:,s.��,c{;��:�s�CnY;s.:`,3:ik>:x��t:�ac. -:.e . ,r., h,� •<:.�` ` .., , :.. ., ________ .. -- --- - - . A notary public or other officer completing this certificate ve,itt only thr. identity of tete individual who signed the ' document to which this certificate is attached, ttnd not the tt uthfulnpss, accuracy, or validity of that dccument. State of California c.S /fin Q lt' '1 ) County of � _ -`� - Un o� / � zl. Z C'1 1)1 lief ur e n le. ..�_ Date llf:r�: lrr,sert Nance iind Title of the Officer •I Nan re(s) of Signer(s) personally appeared _._-__ ..^ -- .` a who proved to me on the basis of satisfactory evidence to be the. person(?) whose name(4 fs re subscribed to the within Instrument and acknowledged to me thatefieishe/they executed the same in f er/their authorized capacity(lae), and that b ir$ st;tlieir sight aturtp) on the instruinent the persol?, or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENAL!Y OF PERJURY under the laws of tiroState of California that the foregoing paragraph is truer arid correct. WI1NLSS any hand and official seal. .rf MARILYN REYES �t Notarypubl.e- Culifurrr.e l.us Angeles County CJmmi;.iM) a 2201 tc') �. My Comm. Expires Jun 12. 2C. a :iigrit tt1? ` /f Signature of Notar.' Public Place Notary Seal Above --�- OPTION41 Though this section is optional, completing this infuniaraiic>fa con detei alteration of the document or fraudulent reattachr,,er,t of this fowl rt Car, U,,ir1terrded document. Description of Attached Document Title or Type of Document: .. -T t- -' Doct.rment Date: 2 _. 7 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ! Corporate Officer — Title(yY`.. I..I Partner — I i Lintiteci '1 1 General . Individual ..k-'rAttorney in Fact 1 Trustee Guardian or Cor iset vtator r i Other: __ _.__ __ _ _ Signer Is Representing: Number of Pages: ler 's Name: i .. I (. urt)orttte Ofii r- Title(s): Part' ler -• i-' 1.Irnited 1 I General 1iKlividt►:ri1 ' ; Attorney in Fact '1 cosier? i Guar dial, or Conservator t �fner: :,ic1i ter Is Representing: .0 S.. V'�e'•ii�Y'.{v�'.Yr .CC.;+`i%CX'{X`w•;1.R:r v:c'r:v 4•. -r pr •.. r v•. a.•;v•.,+ :.. •,e •.v f .v.,.+•(v v7v"V',it'JJt"`•�C':'+•ix (:)7016 National Notaiy Assuciatiorl • \Nnvi.ed.11aIiolialNotar;.rtrr; ` 1 -800 -IIS NO!AIWY (1-800-876-6827) Stern «6907 ()_%rtikK-Oey IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, a municipal Corporation under the laws of the STATE OF FLORIDA Plaintiff Vs. MARVIN BRANTLEY Defendant ORDER ON MOTION FOR CONTEMPT/ENFORCEMENT THIS CAUSE came before the court on March 29, 2018 upon the motion of plaintiff CITY OF OKEECHOBEE, FLORIDA for criminal contempt/enforcement of the Court's final judgment and injunction entered in this cause in June , 2004, and upon appearance of counsel for the City of Okeechobee, and defendant Marvin Brantley pro se, It is: ORDERED as follows: 1. The court finds that the defendant was properly noticed for the alleged violation of the courts final judgment, and of this hearing. 2. The basis for the plaintiffs motion arises out of the 2004 final judgment, which in count I, imposed fines for defendants initial violation of City codes, and in count II, which declared the real property of defendant to be a public nuisance under Ch. 60, and Ch. 823. Pursuant to the nuisance count, the court entered an injunction and abatement of nuisance under the provisions of to Ch. 60.05 and 60.06, prohibiting defendant from further engaging in activities which would constitute a violation of the courts final Judgment, and which is enforceable via an order of contempt. The plaintiff and defendant stipulated to the entry of the order. 3. The court records indicate that the City of Okeechobee has twice previously filed a motion for contempt and enforcement against defendant, for the identical conduct as raised in the instant motion alleging violation of the courts final order and injunction, and for which the court entered orders of willful contempt of court. 4. The court heard from city code enforcement officer Fred Sterling, who testified and provided photographs to the court which clearly showed in October 2017 that defendant was in violation of the courts final judgment, which terms and obligations of defendant are particularly set out in paragraph 18 of the judgment. He further provided photographs taken the date of the hearing, March 29, and testified that the defendants property was now in compliance with the courts 2004 final judgment. 5. The defendant testified before the court as to the condition of the property, and the number of years he has operated out of this property, but offered no mitigation, or defense or objection to the facts as alleged by the City of Okeechobee. 6. The court admonished the defendant that with two prior orders of contempt issued against him by the court, that the final judgment also provides a remedy for enforcement of the judgment and injunction, by issuance of a writ of attachment, as provided in paragraph 20 of the judgment. The court further explained to the defendant that upon affidavit and request of the City of Okeechobee, any future material violation of the final judgment could result in the court issuing the writ of attachment, which would include, after ten days notice to defendant to come into compliance with the final judgment, an immediate period of incarceration until defendant came into full compliance with the final judgment. The defendant stated he clearly understood that method of enforcement. 7. The court finds that as of the date of today's hearing, by clear and convincing evidence, the Defendant is now in compliance with the 2004 final judgment of the court. However, upon the testimony and photographic evidence presented to the court dating to October 2017, and continuing into January 2018 when plaintiff filed their motion, the defendant was in willful violation of the courts 2004 final judgment. The court finds and orders that the defendant Marvin Brantley is in willful criminal contempt of this courts final judgment. The court will not impose a period of incarceration at this time. 8. The court grants the request of plaintiff City of Okeechobee, and reserves jurisdiction for, an award of attorney's fees and costs, which may be submitted by affidavit and stipulation of the parties, or by a subsequent court hearing if necessary. DONE AND ORDERED this day of April, 2018. CC: John R. Cook Marvin Brantley SIGNED AND DATED APR 2 4 2018 LAURIE E. BUCHANAN CIRCUIT JUDGE CIRCUIT JUDGE City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 MARVIN BRANTLEY 1905 S. PARROTT AVENUE OKEECHOBEE, FL 34974 RECEIVED MAY 0 1 2018 neoposV 04/18/2018 US POSTAGE FIRST-CLASS MAIL $000.47° ZIP 34974 041L11251539 ' 4 A *133 2 r c 3 a +. V"L 1 /13 O u viA'v�+j e'a KE l ur.N TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD 9L. 34 97 42' 3G 3G07 �vr,iG J. szi — JOHN D. CASSELS, JR., P.A. LAURA ANN McCALL, P.A. LAW OFFICE OF CASSELS & MCCALL., A,,.6,e0g4;,r AV.A,;a,,,,/nCLord,idi.,,,, P. O. BOX 968 • 400 NW 2nd STREET • OKEECHOBEE, FL 34973 • TELEPHONE 863-763-3131 • FAX 863-763-1031 • E-MAIL mail@?legal-one.com September 18, 2007 VIA HAND DELIVERY John R. Cook, City Attorney City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974-2903 RE: Brantley liens Our File No.: 07-4292 Dear John: Pursuant to your estoppel letter, a copy of which is enclosed, enclosed you will find our firm's trust account check in the amount of $68,776.33. Please forward to our office a Satisfaction of Judgment which includes all of the outstanding orders with the City. I have enclosed a copy of the Schedule B -I of the Title Insurance Commitment with the O.R. Book and Pages highlighted for your convenience. As stated in your estoppel letter, you will hold these funds in trust until October 9, 2007, affording Mr. Brantley the opportunity to address the Code Enforcement Board. Should you have any questions concerning the above, please do not hesitate to contact me. With kindest regards, I am Sincerely, D. Cassels, Jr. JDC/krl Enclosures: As stated [4292-74150. W PD] Citi of Okeechobee September 11, 2007 John Cassels Esq. 400 N.W. 2"d St. Okeechobee, Fl. 34972 re: Brantley liens John: At your request, I have computed the balances due by Marvin Brantley on his properties as a result of code board liens, which were reduced to a final consent judgment effective June 30, 2005 in case no. 2004 -CA -309. The five separate parcels against which liens attached total $58,750.00, and two enforcement hearings resulted in attorney fees awards of $500.00 and $250.00, which brings the total sum due to $59,500.00, with a current balance of: Principal: $59,500.00 Interest @ 7% 9,162.23 ( per diem of $11.41 x 803 days) Total due: $68,662.23 You will note that the fmal judgment awarded additional fees and costs, but the Brantley's paid that already in 2005, so it is not reflected in these figures. As I mentioned, we will hold these funds in escrow at the city to provide Mr. Brantley an opportunity to address the code board on October 9th to see if he can persuade them to reduce any sums due under this lien; in the meantime I will, upon receipt of the funds, file a satisfaction of judgment in 2004-309 CA so you may proceed to closing. Also note that this payoff is good through September 11 with the per diem accruing thereafter until payment. Kindest Regards, John R. Cook City Attorney SEP 1 3 2007 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 ATTORNEYS' TITLE INSURANCE FUND, INC. COMMITMENT FORM Schedule B -I Commitment No.: Agent's File Reference: CF -3114359 4292A I. The following are the requirements to be complied with: 48. 4i 10. Payment of the full consideration to, or for the account of, the grantors or mortgagors. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Warranty Deed from MARVIN W. BRANTLEY, joined by spouse if married, to PARROTT AVENUE PARTNERS, LLC, a Florida limited liability company. Satisfaction of that certain Final Judgment dated April 18, 2002, duly recorded April 18, 2002 in O.R. Book 505, Page 1627, Public Records of Okeechobee County, Florida. Alternatively, release of the lien of such Final Judgment as to the subject property. Satisfaction of that certain Final Judgment dated October 20, 1998, duly recorded April 13, 1999 in O.R. Book 420, Page 1719, Public Records of Okeechobee County, Florida. Alternatively, release of the lien of such Final Judgment as to the subject property. Release of Code Enforcement Orders recorded in O.R. Book 539, Page 457, O.R. Book 539, Page 453 and O.R. Book 539, Page 455, as affected by the Final Judgment/Stipulation of Parties recorded in O.R. Book 569, Page 71, Public Records of Okeechobee County, Florida. Release of Code Enforcement Orders recorded in O.R. Book 525, Page 259, O.R. Book 525, Page 262, O.R. Book 525, Page 265, O.R. Book 525, Page 268, O.R. Book 525, Page 271, O.R. Book 525, Page 274, and O.R. Book 525, Page 277, as affected by Final Judgment/Stipulation of Parties recorded in O.R. Book 569, Page 71, Public Records of Okeechobee County, Florida. Proof of payment of taxes for the year 2006 must be furnished, and any tax certificates issued with respect thereto must be canceled by the clerk of court. Including but not limited to Tax Certificates Numbered: 2036 in 2005; 2366 in 2003; 3394 in 2002 and 3299 in 2000, which must be cancelled. Partial Release of the lien of the mortgage from Marvin Brantley a/k/a Marvin W. Brantley and Patsy A. Brantley, his wife to Bessie O. Brantley and Mary Elizabeth Dryden recorded in O.R. Book 416, Page 1877, Public Records of Okeechobee County, Florida, as to the subject property. Satisfactory evidence must be furnished establishing that Parrott Avenue Partners, LLC is duly organized, validly existing, and in good standing under the laws of Florida (at date of acquisition of the interest or lien on the insured property and at the present time, or at date of purchase and at date of sale). Review certified copies of Articles of Organization, and certified copies of Regulations or Operating Agreement together with all amendments, if any, to determine who may sign for the limited liability company and procedures for authorizing the signature. Comply with the directives therein. If Regulations or Operating Agreement are not produced, obtain and retain an affidavit signed by all members naming all of the members and consenting to the transaction unless the limited liability company has many members, in which case the affidavit of the majority will suffice. Further requirements may be necessary. 11. A determination should be made that the member executing the Mortgage is not or has not been a debtor in bankruptcy. 12. A release from Patsy Brantley who was awarded a portion of the proceeds from the sale of subject property in the Separation and Property Settlement Agreement recorded in O.R. Book 444, Page 586, Public Records of Okeechobee County, Florida. Form C-SCH. B -I (rev. 5/94)) DoubleTime® IN THE CIRCUIT CURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, -VS- MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. FINAL JUDGMENT/STIPULATION OF PARTIES THIS CAUSE came on to be heard this /$ day of ++' - e, 005, upon the submission of the parties their stipulation i corporated hereinafter for a complete settlement of all issues raised in this cause, and the court upon review of same, and being otherwise fully advised, it is: ORDERED AND ADJUDGED as follows: 3 1. THAT the court enters final judgment in favor of the Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, and against the Defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, and incorporates the following agreements, stipulations, findings and conclusions of law as included in, and enforceable as, the terms of this final judgment. 2. THAT the Plaintiff(s), JOHN R. COOK ex.rel CITY OF OKEECHOBEE; & CITY OF OKEECHOBEE, FLORIDA„ and defendant MARVIN BRANTLEY, pro se, enter into this stipulation and final judgment for complete settlement of the issues raised and as appears from the pleadings, affidavits, and exhibits filed in this action, and/or attached hereto. 3. THIS action sought in count I to foreclose a chapter 162 code enforcement lien assessed against real property consisting of a parcel of land situated in Okeechobee County, Florida, brought by the Plaintiff(s) as the owners and holders of the lien sought to be foreclosed; and for the entry in count II of a declaration of public nuisance against defendant Brantley and other relief. 4. THAT as part of this judgment, Plaintiff will file a voluntary dismissal of the action without prejudice as to remaining defendants BANK OF AMERICA N.A.; JOSEPH D. FARISH LLC; & BIG LAKE NATIONAL BANK. 5. THAT the parties represent to the court by this executed settlement and final judgment that each has had the opportunity to discuss the terms and nature of the settlement with counsel of choice; enter into this stipulation freely and voluntarily; and believe the terms of settlement are in the best interest of the respective party. 6. THAT the established general facts supporting this final judgment include: (a) The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY. Said defendant(s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. 0 X 7 0 40 • Gl 0 0 t,7 (b) That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff (s) or their assignee/designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed in the public records, Okeechobee county, Florida. © That the real property owned by defendant Brantley and hereafter more particularly described, constitutes a public nuisance as a matter of law under the provisions of Florida Statutes 823.05 and applicable city ordinances of the City of Okeechobee, Florida. (d) That the Defendant(s), MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY was personally served with this action or served by publication; who failed to respond, and a default was duly entered thereon by the Clerk of Court, Okeechobee County, Florida for the relief sought in the complaint. (e) The Defendant Brantley has defaulted and/or failed to pay or satisfy the liens imposed by plaintiff prior to the filing of this action, which are liens recorded of record in Okeechobee county, Florida as of the date of entry of this final judgment. (f) The defendant Brantley has failed to abate the public nuisance existing on his real property subject to this action as of the date of entry of this final judgment. 7. That the real property subject to operation, effect and enforcement of this final judgment is as follows: a. Parcel i.d. 2 -28 -37 -35 -0A00 -00019-A000 described as: Beginning 200 feet south of the SE corner of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south along the east boundary of section 28 a distance of 361 feet more or less to the east boundary of Parrot Avenue (SR 15); then run north along the east boundary of SR 15 a distance of 15 feet; then run east a distance of 158 feet, then run north a distance of 85 feet; then run east a distance of 205 feet to the POB. b. Parcel i.d.# 2-28-37-35-0A00-00022-0000 described as: Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run south 157.50 feet; thence run west 226 feet; thence run south 157.50 feet; thence run east 226 feet to the POB; AND 0 X r0 S 0 0 0 G NJ Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run west 226 feet for POB; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet; thence run south 157.50 feet to the POB. c. Parcel i.d. # 2-28-37-35-0A00-00018-0000 described as: Beginning at a point 300 feet south of the NE corner of the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south a distance of 100.00 feet; thence run west a distance of 361 feet more or less to the east boundary of Parrot avenue (SR15); then run north along the east boundary of parrot avenue (SR15) a distance of 100.00 feet; then run east a distance of 361 feet more or less to the POB. 8. THAT the terms, conditions, and orders of this final judgment and stipulation thereon shall be divided into the two counts as pled in the initial complaint filed in this cause, and relief set out as follows: COUNT I 9. THAT all sums claimed as due and owing in count I, which represent existing code enforcement liens filed in the public records, shall be reduced to a final judgment against defendant MARVIN W. BRANTLEY, (excluding costs payable in paragraph 15 herein); and such liens thereafter remaining of record until satisfied by payment, but no longer accruing daily fines from and after the date of entry of this judgment. 10. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violations 04-014, 04- 015, & 04-016 in the total sum of $11,900.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution issue. 11. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violation 04-017 in the total sum of $ 12,575.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 12. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-018 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 0 2, 2; 0 0 eji1 G1 0 0 NJ 13. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-019 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 14. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-020 in the total sum of $ 10,925.00 , which shall hereafter accrue interest as allowed by law, and for which let execution and levy issue. 15. THAT all attorneys fees and costs of court incurred by the plaintiff in this cause are awarded to plaintiff, in the following sums, which are agreed and stipulated by the parties: a. Court filing fees: b. Service of process: c. Attorneys fees: d. FedEx delivery: $ 255.00 $ 170.00 $2950.00 $ 13.50 Said sums payable on or before June 30, 2005 to the CITY OF OKEECHOBEE, FLORIDA, and for which let execution and levy issue. COUNT II 16. THAT the real property described in paragraph 7 herein is declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof is ordered under this count. Specifically, the court finds as to this count: a. That as to the described real property, a nuisance exists in the nature of placement of junk, creation of public safety issues and concerns, creation of environmental hazards, and failure to comply with applicable city of Okeechobee codes. b. That defendants use of said real property in injurious to the rights of others, including the plaintiff and all its citizens. c. That the court finds there is no adequate remedy at law for imposition of money damages. d. That the findings herein are made by clear and convincing evidence. e. That the relief following for this count is limited by the court as is reasonably necessary to abate the nuisance and grant relief to plaintiff, so as to not prevent the defendants lawful use of the real property that do comply with city codes. 17. THAT although current city codes prohibit the use of property within the city as a junkyard, the use by this defendant pre -dates the ordinance, and as such the real property of defendant is considered a permitted, but non -conforming use of such real property under city of Okeechobee codes, Therefore, such use is subject to valid city ordinances to control expansion, aesthetic purposes and public safety concerns at such property. 18. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, to a height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a 0 Crs m Gl point from the edge of the city sidewalk, to a point fifty (50')feet to the east of said sidewalk, and shall forthwith, within the time permitted by this order, remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes on the subject property, a minimum thirty (30') feet in width, running from the west to the east, commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac or turn -around area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exists on said real property. 19. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005. This time frame shall be of the essence and strictly construed. 20. The specific intent of the parties and as ordered by the court is that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or hereafter amended. The defendant is notified by this judgment that the enforcement powers of the court include: 1. If the acts required herein are not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing because of failure to perform the act(s). If said defendant cannot be found, the plaintiff shall file an affidavit to this effect, and the court shall issue a writ of sequestration against defendant's property. The writ of sequestration shall not be dissolved until the defendant complies with this judgment. 2. The court, upon proper application of the plaintiff for defendants failure to act or perform, may hold the defendant in contempt of court, and upon a finding of such contempt, confine the defendant for up to 180 days county jail for each such violation. 3. The court may appoint a person not a party to this action, to perform the required act insofar as practicable. The performance of the act by the person so appointed shall have the same effect as if performed by the party against whom this judgement was entered. 4. That during any enforcement measures, defendant shall retain the right to present to the court any defenses he may claim, if a claim of violation hereof is filed by the city of Okeechobee. 21. That the court retains jurisdiction in this cause as indicated above to enforce its terms, issue writs and judgments for future costs and fees, and such other issues as raised by the order. THE UNDERSIGNED PARTIES TO THIS ACTION, CITY OF OKEECHOBEE, FLORIDA, AND DEFENDANT MARVIN W. BRANTLEY, HEREIN DO STIPULATE, AGREE AND CONSENT TO THE ENTRY OF THIS FINAL DECREE BY THE COURT AS STATED HEREIN, INCLUDING THE POWERS OF ENFORCEMENT RETAINED BY THE COURT, this 30 day of June, 2005. Attest: La e Gamiotea CM OF OKEECHOBEE, FL. y: Mayor and order-• in chambers in Okeechobee county, Florida this day of J.e, 2005. copies to: 116)CIRCUIT UDGE 1. Bank of America CT Corporation System 1200 South Pine Island Road, Plantation, F1. 33324. 2. Joseph Farish LLC 316 Banyan Blvd. West Palm Beach, Florida 33401. 3. Big Lake National Bank 1409 S. Parrot Ave. Okeechobee, Florida 34972. 4. Marvin Brantley 1801 S. Parrot Ave. Okeechobee, Florida 34972. CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. Marvin W. Brantley / 111111111111111111111111111111111111111111111111111111111 FILE : 200401432E OR BY. 00539 FG 0457 DATE: 08/06/2004 02:51:43 Fn SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDING FEES 18.50 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. #04-016 ORDER ON REVIEW THIS CAUSE, originally came on to be heard before the Code Enforcement Board, City of Okeechobee, on the 10th day of February 20 04 , and upon review of that order and subsequent review by the Board and the Code Enforcement Officer, the following findings are made: X 1. That I, the Code Enforcement Officer, confirm that pursuant to this Board's Order dated February 10 20 04 , the respondent did correct the violation and notified me to verify same on June 14 , 20 04 2. That I, the Code Enforcement Officer, report that contrary to this Board's Order dated 20 . the respondent has failed to correct the violation or notify this officer as of 20_ X 3. That the Code Enforcement Board, having reviewed the evidence of corrective measures and compliance by the respondent, stops the $50.00 per day fine from accruing as of the date property came into compliance on June 14 , 20 04 . The total amount accrued from February 28 20 04 thru June 14 20 04 is Five thousand three hundred and fifty dollars ($5, 350.00) . Amount is to be paid in full to the City of Okeechobee, and if not paid, the penalty and sums due shall remain in full force and effect. 4. That the Code Enforcement Board, having reviewed the evidence of corrective measures and compliance by the respondent, rescinds and cancels the penalty imposed in its entirety and dismisses the complaint, and shall release the lien, if any, filed by the City. 5. That the Code Enforcement Board, having reviewed the evidence and finding that the OR BK 00539 PG 0458 respondent has failed to either correct the violation; notify the City of the correction; or pay the reduced penalty as required by this Board's Order of , 20 and pursuant to Florida Statute 162.08 and 162.09, hereby imposes a lien on real and personal property of the respondent in the sum of $ a certified copy of which shall be recorded in the public records in and for Okeechobee County, Florida, which may be enforced by foreclosure as set forth in Chapter 162. DONE and ORDERED at Okeechobee, Okeechobee County, Florida, this o20 day of dl y 20 ATTEST: Recording Secretary APPROVED AS TO FORM: City Attorney COUNTY OF OKEECHOBEE STATE OF FLORIDA CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE FLORIDA. CHAIRMAN ,YZIA.s.A--- CODE E ORCEMENT OFFICER Personally appeared before me, the undersigned authori , Mac K l,t}or hue, S;IR KV( and 6 u i. • • • • werl known to me and known by me to be the Chairman of the CODE E • RCEMENT BOARD, Recording Secretary and Code Enforcement Officer, respectively, and acknowledged before me that they executed the foregoing document on behalf of the CODE ENFORCEMENT BOARD as its true act and deed and that they were duly authorized so to do. I SUBSCRIBED before me this day of lUy , 20 0 4. N ARY UBLIC My Commission expires: f r Nonoy Su. Chdelo pher far °off ExP..rz MN 13. 2081 CITY OF OKEECHOBEE, Petitioner, Respondent. Marvin W. Brantley / 111111111111111111111111111111111111111111111111111111111111 FILE t 2004014326 0R BK 00539 FG 0453 DATE: 03/06/2004 02:51:43 FM SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDING FEES 13.50 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. #04-014 ORDER ON REVIEW THIS CAUSE, originally came on to be heard before the Code Enforcement Board, City of Okeechobee, on the 10th day of February 20 04 , and upon review of that order and subsequent review by the Board and the Code Enforcement Officer, the following findings are made: X 1. That I, the Code Enforcement Officer, confirm that pursuant to this Board's Order dated February 10 , 20 04 , the respondent did correct the violation and notified me to verify same on April 22 , 20 04 . 2. That I, the Code Enforcement Officer, report that contrary to this Board's Order dated 20 the respondent has failed to correct the violation or notify this officer as of , 20 . X 3. That the Code Enforcement Board, having reviewed the evidence of corrective measures and compliance by the respondent, stops the $50.00 per day fine from accruing as of the date property came into compliance on April 22 20 04 . The total amount accrued from February 28 20 04 thru April 22 20 04 is Two thousand seven hundred and fifty dollars ($2, 750.00) . Amount is to be paid in full by the close of business on May 27, 2004 to the City of Okeechobee, and if not paid, the penalty and sums due shall remain in full force and effect. 4. That the Code Enforcement Board, having reviewed the evidence of corrective measures and compliance by the respondent, rescinds and cancels the penalty imposed in its entirety and dismisses the complaint, and shall release the lien, if any, filed by the City. 5. That the Code Enforcement Board. having reviewed the evidence and finding that the OR BK 0u539 PG 0454 respondent has failed to either correct the violation; notify the City of the correction; or pay the reduced penalty as required by this Board's Order of 20 and pursuant to Florida Statute 162.08 and 162.09, hereby imposes a lien on real and personal property of the respondent in the sum of $ a certified copy of which shall be recorded in the public records in and for Okeechobee County, Florida, which may be enforced by foreclosure as set forth in Chapter 162. DONE and ORDERED at Okeechobee, Okeechobee County, Florida, this _ day of 20 n q- . ATTEST: Recording Secretary APPROVED AS TO FORM: City Attorney COUNTY OF OKEECHOBEE STATE OF FLORIDA CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE FLORIDA. )14 CL (JLICAL(*a, CHAIRMAN dcm„4 CODE E451FORCEMENT OFFICER Pers nally appeared before me, the undersigned authority, Mack Wort awe Cnr:s4opher,- and Octi.rr r w Hancock well known to' me and known by me to be the Chairman of the CODE ENFORCEMENT BOARD, Recording Secretary and Code Enforcement Officer, respectively, and acknowledged before me that they executed the foregoing document on behalf of the CODE ENFORCEMENT BOARD as its true act and deed and that they were duly authorized so to do. SUBSCRIBED before me this I day of `71/1. 6t,k/ , 20 a / TA& PUBLIC O My Commission expires: tatt Mncy Sir cr nftp,r E u April 13.2001 CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. Marvin W. Brantley / FILE 2004ii14327 DF. BY, 01IIIIIII1Illnl!IlllllllfiIIIIII1111111OIIIIIIIIIIIIIfJIII 04 02:51:43 PM SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 18.50 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. #04-015 ORDER ON REVIEW THIS CAUSE, originally came on to be heard before the Code Enforcement Board, City of Okeechobee, on the 10th day of February , 20 04 , and upon review of that order and subsequent review by the Board and the Code Enforcement Officer, the following findings are made: X 1 That I, the Code Enforcement Officer, confirm that pursuant to this Board's Order dated February 10 , 20 04 , the respondent did correct the violation and notified me to verify same on May 13 20 04 . 2. That I, the Code Enforcement Officer, report that contrary to this Board's Order dated , 20 the respondent has failed to correct the violation or notify this officer as of 20 . X 3. That the Code Enforcement Board, having reviewed the evidence of corrective measures and compliance by the respondent, stops the $50.00 per day fine from accruing as of the date property carne into compliance on May 13 20 04 . The total amount accrued from February 28 20 04 thru May 13 20 04 is Three thousand eight hundred dollars ($3, 800.00) . Amount is to be paid in full by the close of business on July 1, 2004 to the City of Okeechobee, and if not paid, the penalty and sums due shall remain in full force and effect. 4. That the Code Enforcement Board, having reviewed the evidence of corrective measures and compliance by the respondent, rescinds and cancels the penalty imposed in its entirety and dismisses the complaint, and shall release the lien, if any, filed by the City. 5. That the Code Enforcement Board, having reviewedthe evidence and finding that the OR BK O0539 PG C'456 respondent has failed to either correct the violation; notify the City of the correction; or pay the reduced penalty as required by this Board's Order of , 20 and pursuant to Florida Statute 162.08 and 162.09, hereby imposes a lien on real and personal property of the respondent in the sum of $ a certified copy of which shall be recorded in the public records in and for Okeechobee County, Florida, which may be enforced by foreclosure as set forth in Chapter 162. DONE and ORDERED at Okeechobee, Okeechobee County, Florida, this 171*-- - day of 20 0 ATTEST: Recording Secret APPROVED AS TO FORM: City Attorney COUNTY OF OKEECHOBEE STATE OF FLORIDA CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE FLORIDA. CHAIRMAN L CODE h ORCEMENTOFFICER Personally appeared before me, the undersigned authority, Mfi'Ck W Or' e and -`Ht1 r ay IIAai i well own to me and known by me to be the Chairman of the CODE ENFORCEMENT BOARD, Recording Secretary and Code Enforcement Officer, respectively, and acknowledged before me that they executed the foregoing document on behalf of the CODE ENFORCEMENT BOARD as its true act and deed and that they were duly authorized so to do. SUBSCRIBED before me this 1 74kday of }1p.> 20 � . /4h441 aiLi_irrikaa4 OT Y PUBLIC My Commission expires: Nancy Sao Chrkbplar ; my Conmu wbn D0202,{33 w1 was Apel 13.2001 CITY OF OKEECHOBEE, Petitioner, Respondent. Marvin W. Brantley FILE t 2004003809 OR BK 00525 PG 0259 DATE: 03/03/2004 02:57:14 PM SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-014 ORDER THIS CAUSE carne on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on , 20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20 . and notify the Boardof the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of $ per day commencing on , 20 . and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00525 PG 0260 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Pontoon boat (boat #1) is docked in Taylor Creek without consent of property owner. B. CONCLUSIONS OF LAW The boat described above located in Taylor Creek, Okeechobee, FL is in violation of Chp. 30 Sec. 30-38 Protection of Taylor Creek. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-38 concerning your property located at Taylor Creek , Okeechobee. FL If you do not correct the violation by February 28. 2004 , or notify the Code Enforcement Officer of the correction, the Board 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 certified 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. 4. The Board finds and orders in addition: OFA BY. 00525 PG 0261 AGREED AND ORDERED this loth day of February , 20 04 . CITY OF OKEECHOBEE, Petitioner CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code Enforcement Officer %tit 4.c.K. Chairperson ATTEST: Recording Secretary 20 0 Marvin W. Brantley Respondent SWORN TO AND SUBSCRIBED before me this 13 day off r'r My Commission expires .% 14•br3 scMwaph.r ay Commission 00127402 14,,, Eclair AprN 13, 2004 FILE 4 2004003810 OR BK 00525 PG 0262 DATE: 03/03/2004 02:57:14 PM SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-015 CITY OF OKEECHOBF.F, Petitioner, Respondent. Marvin W. Brantley / ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on , 20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20 , and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of per day commencing on , 20 and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00525 PG 0263 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: House boat (boat #2) is docked in Taylor Creek without consent of property owner. B. CONCLUSIONS OF LAW The boat described above located in Taylor Creek, Okeechobee, FL is in violation of Chp. 30 Sec. 30-38 Protection of Taylor Creek. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-38 concerning your property located at Taylor Creek , Okeechobee, FL If you do not correct the violation by February 28. 2004 , or notify the Code Enforcement Officer of the correction, the Board 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 certified 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. 4. The Board finds and orders in addition: OR BK 00525 PG 0264 AGREED AND ORDERED this 10th day of February , 20 04 . CITY OF OKEECHOBEE, Petitioner Marvin W, Brantley Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code E . orcement Officer 'hi ack. Chairperson ATTEST: Recording Secretary 20O . SWORN TO AND SUBSCRIBED before me this 1,34 day of .1AAAAl , My Commission expires '�.raumcr�r,K 4 r"% E April 13, 21)04 FILE 2004003811 OR BK 0111111111111111111111111111111111111525VG 0265 303 004 02:57:14 P11 .SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 15.00 RECORDED BY H Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-016 CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. Marvin W. Brantley / ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on. , 20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20 . and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of $ per day commencing on , 20 , and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00525 PG 0266 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Cabin cruiser (boat #3) is docked in Taylor Creek without consent of property owner. B. CONCLUSIONS OF LAW The boat described above located in Taylor Creek, Okeechobee, FL is in violation of Chp. 30 Sec. 30-38 Protection of Taylor Creek. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-38 concerning your property located at Taylor Creek , Okeechobee. FL If you do not correct the violation by February 28. 2004 , or notify the Code Enforcement Officer of the correction, the Board 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 certified 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. 4. The Board finds and orders in addition: OR BK 0052=5 P6 0267 AGREED AND ORDERED this 10th day of February , 20 04 . CITY OF OKEECHOBEE, Petitioner Marvin W. Brantley Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code Eflforcement Officer &Gk. uh,,L> Chairperson ATTEST: Recording Secretary SWORN TO AND SUBSCRIBED before me this 4'4-- day of 2001. My Commission expires es. Now Oldiopliar *air My cormnission 00027402 Nov,/Expires Ap,U 13, 2004 FILE t 2004003812 OR BK 00525 PG 0268 DATE: 03/03/2004 02:57:14 FM SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-017 CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. Marvin W. Brantley / ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on , 20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20 , and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of $ per day commencing on 20 , and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00525 PG 0289 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Parcel #2-28-37-35-0A00-00022-0000 Parcel #2-28-37-35-0A00-00018-0000 Parcel #2 -28 -37 -35 -0A00 -00019-A000 Property located at 1811 S. Parrott Avenue has been found to be a safety hazard due to the fact that it does not have thirty feet emergency vehicle access lanes for every hundred feet of property describled above.. B. CONCLUSIONS OF LAW The property described above located at 1811 S. Parrott Avenue, Okeechobee, FL is in violation of Chp. 30 Sec. 30-40 (2) Junk. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-40 (2) concerning your property located at _ 1811 S. Parrott Avenue. Okeechobee. FL If you do not correct the violation by February 113 2004 , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 25.00 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 certified 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. 4. The Board finds and orders in addition: OR BK 00525 PG 0270 AGREED AND ORDERED this 10th day of February , 20 04 . CITY OF OKEECHOBEE, Petitioner CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code Enforcement Officer 7hJ kIik Chairperson ATTEST: 6/244 -dr Recording Secret 20 011 . Marvin W. Brantley Respondent SWORN TO AND SUBSCRIBED before me this J day of IgijiAzLit___, My Commission expires *�►. ,. ' � 4oa FILET 2004003813 OR BK 00525 PG 0271 DATE: 03/03/2004 02:57:14 Ph SHARON ROBERTSON, CLERK DF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-018 CITY OF OKEECHOBEF, Petitioner, Respondent. Marvin W. Brantley / ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on , 20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20 , and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of per day commencing on , 20 , and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00525 PG 0272 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Parcel #2-28-37-35-0A00-00022-0000 Parcel #2-28-37-35-0A00-00018-0000 Parcel #2 -28 -37 -35 -0A00 -000I9 -A000 Property located at 1811 S. Parrott Avenue has been found to be a public nuisance due to the fact it has overgrown grass and weeds. B. CONCLUSIONS OF LAW The property described above located at 1811 S. Parrott Avenue, Okeechobee, FL is in violation of Chp. 30 Sec. 30-43 Public nuisances. Grass must be maintained at a height not to exceed eight inches. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-43 concerning your property located at 1811 S. Parrott Avenue. Okeechobee. FL If you do not correct the violation within thirty days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 25.00 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 certified 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. 4. The Board finds and orders in addition: OR BK 00525 PG 0273 AGREED AND ORDERED this 10th day of February , 20 04 . CITY OF OKEECHOBEE, Petitioner Marvin W. Brantley Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code Enforcement Officer efAk Chairperson ATTEST: Recording Secretary 2001/. SWORN TO AND SUBSCRIBED before me this /( qday of gaiL , My Commission expires w�4 Nancy Sue Chrieiopher * My Comunk.ion c X274 2 %+m,' Expires April 13, 2004 11111111111111111111111111111 FILE 4 2004003814 OR BK 00525 PG 0274 DATE: 03/03/2004 02:57:14 P11 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-019 CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. Marvin W. Brantley / ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on , 20__ or as set by the Board, in which case respondent will receive ten (1 0) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20 , and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of per day commencing on , 20 , and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 04525 PG 0275 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Parcel #2-28-37-35-0A00-00022-0000 Parcel #2-28-37-35-0A00-00018-0000 Parcel #2 -28 -37 -35 -0A00 -00019-A000 Property located at 1811 S. Parrott Avenue does not have an eight foot opaque fence to obscure view of junk and no permit for existing fence. B. CONCLUSIONS OF LAW The property described above located at 1811 S. Parrott Avenue, Okeechobee, FL is in violation of Chp. 30 Sec. 30-40 Junk. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-40 concerning your property located at 1811 S. Parrott Avenue, Okeechobee, FL If you do not correct the violation within thirty days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 25.00 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 certified 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. 4. The Board finds and orders in addition: OR BIKE 00525 PG 0276 AGREED AND ORDERED this lOth day of February , 20 04 . CITY OF OKEECHOBFF, Petitioner Marvin W. Brantley Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code Enforcement Officer 7het.c,f4. Chairperson ATTEST: Recording Secretary 200. SWORN TO AND SUBSCRIBED before me this 1 day of eh -4,44.c OT Y PUBLIC My Commission expires ow Pegs, Nancy sue Chdu*o ihsr it * my Commission CCO27402 Ishw Expires April 13, 2004 I 111111M111111111111111 FILE 4 2004003815 OR BK 00525 PG 0277 DATE: 03/03/2004 02:57:14 Ph SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-020 CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. Marvin W. Brantley / ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on , 20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20. , and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of $ per day commencing on , 20 , and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00520 PG 027E X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Parcel #2-28-37-35-0A00-00022-0000 Parcel #2-28-37-35-0A00-00018-0000 Parcel #2 -28 -37 -35 -0A00 -00019-A000 Property located at 1811 S. Parrott Avenue does not meet set back requirements of fifty (50) feet from the front property line, twenty (20) feet from sides & twenty (20) feet from the rear section that is within the City limits. B. CONCLUSIONS OF LAW The property described above located at 1811 S. Parrott Avenue, Okeechobee, FL is in violation of Chp. 30 Sec. 30-40 (1) Junk. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Section 30-40 (1) concerning your property located at 1811 S. Parrott Avenue. Okeechobee, FL If you do not correct the violation within sixty days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 25.00 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 certified 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. 4. The Board finds and orders in addition: OR BY 00525 PG 0279 AGREED AND ORDERED this loth day of February , 20 04 . CITY OF OKEECHOBF.F, Petitioner CODE ENFORCEMENT BOARD City of Okeechobee, Florida Code Enforcement Officer 7eki L Zfir4A/40 Chairperson ATTEST: Recording Secretary Marvin W. Brantley Respondent SWORN TO AND SUBSCRIBED before me this i.34- day of My Commission expires �"' M+► raenoy Sue Christopher * *14/ Commission cC927102 '►,. „�% Expires Apd113, 2004 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. MOTION FOR CONTEMPT/ENFORCEMENT/ISSUANCE OF WRIT COMES NOW the plaintiff in this cause, CITY OF OKEECHOBEE, FLORIDA, by and through undersigned counsel, pursuant to the provisions of F.R.C.P. 1.570(2), and files this motion for contempt, enforcement of final judgment, issuance of writ of bodily attachment and other relief, and states; 1. THAT undersigned is counsel of record for party plaintiff CITY OF OKEECHOBEE, FLORIDA. 2. THAT undersigned prepared, and is personally familiar with the final consent judgment entered in this cause by the court in June, 2005. 3. THAT said judgment required, among other things, the performance of an act by the defendant MARVIN BRANTLEY, which act(s) included the following: THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, to a height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (501)feet to the east of said sidewalk, and forthwith remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes a minimum thirty (30') feet in wide, running from the west to the east, within the property commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exists on said real property. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005 4. That in the event defendant failed to perform such acts by August 26, 2005, the remedies available to the City of Okeechobee under the provisions of F.R.C.P. 1.570(c) include: a. If the acts required herein are not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing because of failure to perform the act(s). If said defendant cannot be found, the plaintiff shall file an affidavit to this effect, and the court shall issue a writ of sequestration against defendant's property. The writ of sequestration shall not be dissolved until the -defendant complies -with this --judgment. 5. THAT undersigned counsel states -that he personally inspected the subject real property on September 7, 2005, and the act(s) required to be completed by defendant MARVIN BRANTLEY in the final judgment herein were not completed, and present the risk of serious risk to the health, welfare and safety to the City of Okeechobee. (Affidavit attached hereto exhibit "A") 6. THAT the defendant MARVIN BRANTLEY has the present ability to comply with the terms and conditions of the final judgment but has wilfully failed to do so. 7. THAT by virtue of this motiont and failure to act, the plaintiff seeks the following relief: a. That the court find that the defendant MARVIN BRANTLEY is in wilful violation of this courts final judgment, which judgment reserved jurisdiction under F.R.C.P. 1.570(2) to enter orders of contempt. b. That upon defendants failure to appear at the hearing on contempt, or upon the court's issuance of finding of contempt and ability to comply with the final judgment, that the'court cause the clerk of court to issue a writ of attachment against defendant MARVIN BRANTLEY, said defendant not to be released from the writ until the act(s) required by the final judgment are completed. c. That the court, upon failure of defendant to appear at the hearing on contempt, or upon the court's issuance of a finding of contempt and ability to comply with the final judgment, appoint a person, firm or company not a party to this action, to perform the required act(s) set out in the final judgment insofar as practicable. d. That the court enter an order requiring defendant MARVIN BRANTLEY to pay all reasonable attorneys fees and costs incurred in this action. SUBMITTED this U day of September, 2005. I HEREBY CERTIFY a true copy hereof is furnished by personal hand delivery to defendant MARVIN BRANTLEY this day of September, 2005. JOHN R. COOK City Attorney 805 SW Park St. Okeechobee, Fl. 34972 (863)467-0297 FBN 262951 City of Okeechobee Code enforcement CODE ENFORCEMENT BOARD CASE # 17-00033 NOTICE OF VIOLATION 11/01/2017 MARVIN W. BRANTLEY 1905 S PARROTT AVENUE OKEECHOBEE, FL 34974 RE: 1905 S. PARROTT AVENUE PARCEL: 22837350A00000180000 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 1905 S PARROTT AVENUE, OKEECHOBEE, FL NATURE OF VIOLATION: Ch 30 Sec. 30-43 Public nuisances CORRECTIVE ACTION REQUIRED: THAT YOU ARE IN VIOLATION OF THE ORDER OF THE CIRCUIT COURT, CASE NO. 2004 -CA -309, DATED JULY 1, 2005, PARTICULARLY PARAGRAPH 18 THERE OF. YOU HAVE TEN (10) DAYS FROM DATE OF THIS NOTICE TO COME INTO COMPLETE COMPLIANCE WITH PARAGRAPH 18 OFTHE COURT ORDER. UPON YOUR FAILURE TO DO SO, THE CITY MAY PURSUE ONE OR MORE OF THE REMEDIES SET OUT IN PARAGRAPH 20 OF THE ORDER. (SEE ATTACHED). The corrective action outlined in paragraph 18 of the Court Order must be completed within ten (10) days from the date of receipt of this violation. If you have any questions regarding this notice, please contact our office at 863-467-1586. Sincerely, Sterli de Enforcement Officer, (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 Statutes & Constitution :View Statutes : Online Sunshine Select Year: The 2017 Florida Statutes 2017 v Go Page 1 of 1 Title VI Chapter 60 View Entire Chapter CIVIL PRACTICE AND PROCEDURE INJUNCTIONS 60.06 Abatement of nuisances; enforcement.—The court shall make such orders on proper proof as will abate all nuisances mentioned in s. 823.05, and has authority to enforce injunctions by contempt but the jurisdiction hereby granted does not repeal or alter s. 823.01. History.—s. 5, ch. 7367, 1917; RGS 3227; CGL 5033; s. 15, ch. 67-254. Note.—Former s. 64.15. Copyright © 1995-2018 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 3/26/2018 ' Statutes & Constitution :View Statutes : Online Sunshine Select Year: The 2017 Florida Statutes 2017 v Go Page 1 of 2 Title VI Chapter 60 View Entire Chapter CIVIL PRACTICE AND PROCEDURE INJUNCTIONS 60.05 Abatement of nuisances.— (1) When any nuisance as defined in s. 823.05 exists, the Attorney General, state attorney, city attorney, county attorney, or any citizen of the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. (2) The court may allow a temporary injunction without bond on proper proof being made. If it appears by evidence or affidavit that a temporary injunction should issue, the court, pending the determination on final hearing, may enjoin: (a) The maintaining of a nuisance; (b) The operating and maintaining of the place or premises where the nuisance is maintained; (c) The owner or agent of the building or ground upon which the nuisance exists; (d) The conduct, operation, or maintenance of any business or activity operated or maintained in the building or on the premises in connection with or incident to the maintenance of the nuisance. The injunction shall specify the activities enjoined and shall not preclude the operation of any lawful business not conducive to the maintenance of the nuisance complained of. At least 3 days' notice in writing shall be given defendant of the time and place of application for the temporary injunction. (3) Evidence of the general reputation of the alleged nuisance and place is admissible to prove the existence of the nuisance. No action filed by a citizen shall be dismissed unless the court is satisfied that it should be dismissed. Otherwise the action shall continue and the state attorney notified to proceed with it. If the action is brought by a citizen and the court finds that there was no reasonable ground for the action, the costs shall be taxed against the citizen. (4) On trial if the existence of a nuisance is shown, the court shall issue a permanent injunction and order the costs to be paid by the persons establishing or maintaining the nuisance and shall adjudge that the costs are a lien on all personal property found in the place of the nuisance and on the failure of the property to bring enough to pay the costs, then on the real estate occupied by the nuisance. No lien shall attach to the real estate of any other than said persons unless 5 days' written notice has been given to the owner or his or her agent who fails to begin to abate the nuisance within said 5 days. In a proceeding abating a nuisance pursuant to s. 823.10 or s. 823.05, if a tenant has been convicted of an offense under chapter 893 or s. 796.07, the court may order the tenant to vacate the property within 72 hours if the tenant and owner of the premises are parties to the nuisance abatement action and the order will lead to the abatement of the nuisance. (5) If the action was brought by the Attorney General, a state attorney, or any other officer or agency of state government; if the court finds either before or after trial that there was no reasonable http://www.leg. state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=... 3/26/2018 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 ground for the action; and if judgment is rendered for the defendant, the costs and reasonable attorney's fees shall be taxed against the state. History.—ss. 2, 3, 4, ch. 7367, 1917; RGS 3223-3226; CGL 5029-5032; s. 1, ch. 20467, 1941; s. 2, ch. 29737, 1955; s. 15, ch. 67-254; s. 1, ch. 71-268; s. 14, ch. 73-334; s. 1, ch. 77-268; s. 8, ch. 87-243; s. 318, ch. 95-147; s. 1, ch. 96-237; s. 31, ch. 2016-24. Note.—Former ss. 64.11-64.14. Copyright © 1995-2018 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 3/26/2018 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, -vs- MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. FINAL JUDGMENT/STIPULATION OF PARTIES THIS CAUSE came on to be heard this day of June, 2005, upon the submission of the parties their stipulation incorporated hereinafter for a complete settlement of all issues raised in this cause, and the court upon review of same, and being otherwise fully advised, it is: ORDERED AND ADJUDGED as follows: 1. THAT the court enters final judgment in favor of the Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, and against the Defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, and incorporates the following agreements, stipulations, findings and conclusions of law as included in, and enforceable as, the terms of this final judgment. 2. THAT the Plaintiff(s), JOHN R. COOK ex.rel CITY OF OKEECHOBEE; & CITY OF OKEECHOBEE, FLORIDA„ and defendant MARVIN BRANTLEY, pro se, enter into this stipulation and final judgment for global settlement of the issues raised and as appears from the pleadings, affidavits, and exhibits filed in this action, and/or attached hereto. 3. THIS action sought in count I to foreclose a chapter 162 code enforcement lien assessed against real property consisting of a parcel of land situated in Okeechobee County, Florida, brought by the Plaintiff(s) as the owners and holders of the lien sought to be foreclosed; and for the entry in count II of a declaration of public nuisance against defendant Brantley and other relief. 4. THAT as part of this judgment, Plaintiff will file a voluntary dismissal of the action without prejudice as to remaining defendants BANK OF AMERICA N.A.; JOSEPH D. FARISH LLC; & BIG LAKE NATIONAL BANK. 5. THAT the parties represent to the court by this executed settlement and final judgment that each has had the opportunity to discuss the terms and nature of the settlement with counsel of choice; enter into this stipulation freely and voluntarily; and believe the terms of settlement are in the best interest of the respective party. 6. THAT the established general facts supporting this final judgment include: (a) The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY. Said defendant(s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. (b) That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff(s) or their assignee/designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed in the public records, Okeechobee county, Florida. O That the real property owned by defendant Brantley and hereafter more particularly described, constitutes a public nuisance as a matter of law under the provisions of Florida Statutes 823.05 and applicable city ordinances of the City of Okeechobee, Florida. (d) That the Defendant(s), MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY was personally served with this action or served by publication; who failed to respond, and a default was duly entered thereon by the Clerk of Court, Okeechobee County, Florida for the relief sought in the complaint. (e) The Defendant Brantley has defaulted and/or failed to pay or satisfy the liens imposed by plaintiff prior to the filing of this action, which are liens recorded of record in Okeechobee county, Florida as of the date of entry of this final judgment. (f) The defendant Brantley has failed to abate the public nuisance existing on his real property subject to this action as of the date of entry of this final judgment. 7. That the real property subject to operation, effect and enforcement of this final judgment is as follows: a. Parcel i.d. 2 -28 -37 -35 -0A00 -00019-A000 described as: Beginning 200 feet south of the SE corner of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south along the east boundary of section 28 a distance of 361 feet more or less to the east boundary of Parrot Avenue (SR 15); then run north along the east boundary of SR 15 a distance of 15 feet; then run east a distance of 158 feet, then run north a distance of 85 feet; then run east a distance of 205 feet to the POB. b. Parcel i.d.# 2-28-37-35-0A00-00022-0000 described as: Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run south 157.50 feet; thence run west 226 fee; thence run south 157.50 feet; thence run east 226 feet to the POB; AND Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run west 226 feet for POB; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet; thence run south 157.50 feet to the POB. c. Parcel i.d. # 2-28-37-35-0A00-00018-0000 described as: Beginning at a point 300 feet south of the NE corner of the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south a distance of 100.00 feet; thence run west a distance of 361 feet more or less to the east boundary of Parrot avenue (SR15); then run north along the east boundary of parrot avenue (SR15) a distance of 100.00 feet; then run east a distance of 361 feet more or less to the POB. 8. THAT the terms conditions and orders by this final judgment and stipulation thereon shall be divided into the two counts as pled in the initial complaint filed in this cause, and relief set out as follows: COUNT I 9. THAT all sums claimed as due and owing in count I shall be reduced to a final judgment against defendant MARVIN W. BRANTLEY. 10. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violations 04-014, 04- 015, & 04-016 in the total sum of $11,900.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution issue. 11. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violation 04-017 in the total sum of $ 12,575.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 12. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-018 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 13. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-019 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 14. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-020 in the total sum of $ 10,925.00 , which shall hereafter accrue interest as allowed by law, and for which let execution and levy issue. 15. THAT all attorneys fees and costs of court incurred by the plaintiff in this cause are awarded to plaintiff, in the following sums, which are agreed and stipulated by the parties: a. Court filing fees: b. Service of process: c. Attorneys fees: $ 255.00 $ 170.00 $3000.00 Said sums payable on or before June 30, 2005 to the CITY OF OKEECHOBEE, FLORIDA, and for which let execution and levy issue. COUNT II 16. THAT the real property described in paragraph 7 herein is declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof is ordered under this count. Specifically, the court finds as to this count: a. That as to the described real property, a nuisance exists in the nature of placement of junk, creation of public safety concerns, and failure to comply with applipable city of Okeechobee codes. b. That defendants use of said real property in injurious to the rights of others, including the plaintiff and all its citizens. c. That the court finds there is no adequate remedy at law for imposition of money damages. d. That the findings herein are made by clear and convincing evidence. e. That the relief following for this count is limited by the court as is reasonably necessary to abate the nuisance and grant relief to plaintiff, so as to not prevent the defendants lawful use of the real property that do comply with city codes. 17. THAT although current city codes prohibit the use of property within the city as a junkyard, the use by this defendant pre -dates the ordinance, and as such the real property of defendant is considered a permitted, but non -conforming use of such real property under city of Okeechobee codes, Therefore, such use is subject to valid city ordinances to control expansion, aesthetic purposes and public safety concerns at such property. 18. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, to a height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50')feet to the east of said sidewalk, and forthwith remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes a minimum thirty (30') feet in wide, running from the west to the east, within the property commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exists on said real property. 19. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005. 20. The specific intent of the parties and as ordered by the court is that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or hereafter amended. The defendant is notified by this judgment that the enforcement powers of the court include: 1. If the acts required herein are not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing because of failure to perform the act(s). If said defendant cannot be found, the plaintiff shall file an affidavit to this effect, and the court shall issue a writ of sequestration against defendant's property. The writ of sequestration shall not be dissolved until the defendant complies with this judgment. 2. The court, upon proper application of the plaintiff for defendants failure to act or perform, may hold the defendant in contempt of court, and upon a finding of such contempt, confine the defendant for up to 180 days county jail for each such violation. 3. The court may appoint a person not a party to this action, to perform the required act insofar as practicable. The performance of the act by the person so appointed shall have the same effect as if performed by the party against whom this judgement was entered. 21. That the court retains jurisdiction in this cause as indicated above to enforce its terms, issue writs and judgments for future costs and fees, and such other issues as raised by the order. THE UNDERSIGNED PARTIES TO THIS ACTION, CITY OF OKEECHOBEE, FLORIDA, AND DEFENDANT MARVIN W. BRANTLEY, HEREIN DO STIPULATE, AGREE AND CONSENT TO THE ENTRY OF THIS FINAL DECREE BY THE COURT AS STATED HEREIN, INCLUDING THE POWERS OF ENFORCEMENT RETAINED BY THE COURT, this day of June, 2005. MARTIN W. BRANTLEY CITY OF OKEECHOBEE, FL. Done and ordered in chambers in Okeechobee county, Florida this day of June, 2005. CIRCUIT JUDGE I HEREBY CERTIFY that a copy of the foregoing has been furnished by mail this day of April, 2005 to the following • • named persons/entities: 1. Bank of America CT Corporation System 1200 South Pine Island'Road, Plantation, Fl. 33324. 2. Joseph Farish LLC 316 Banyan Blvd. West Palm Beach, Florida 33401. 3. Big Lake National Bank 1409 S. Parrot Ave. Okeechobee, Florida 34972. 4. Marvin Brantley 1605 S. Parrot Ave. Okeechobee, Florida 34972. JOHN R. COOK Attorney for Plaintiffs 805 S.W. Park St. Okeechobee, Florida 33472 (863)467-0297 Florida Bar 262951 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, -vs- MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; Defendants. MOTION FOR ENFORCEMENT/CRIMINAL CONTEMPT COMES NOW the city of Okeechobee, Florida, plaintiff in this action, and files this motion for enforcement of final judgment, as well as entry of an order of bodily attachment/criminal contempt, award of all fees and costs, upon the following grounds: 1. THAT plaintiff City of Okeechobee, Florida initially filed this action under chapter 60 Florida Statutes, for declaration of public nuisance against defendant Marvin Brantley; the parties eventually entered into a stipulated final judgment on all issues, which stipulation was accepted by the court, and includes some of the following provisions: A. THAT the court would enter final judgment in favor of the Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, and against the Defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, and would incorporate the following agreements, stipulations, findings and conclusions of law as included in, and enforceable as, the terms of this final judgment. B. The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY. Said defendant(s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. C. That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff(s) or their assignee/designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed in the public records, Okeechobee county, Florida. D. That the real property owned by defendant Brantley and hereafter more particularly described, constitutes a public nuisance as a matter of law under the provisions of Florida Statutes 823.05 and applicable city ordinances of the City of Okeechobee, Florida. That the real property subject to operation, effect and enforcement of the final judgment is as follows: a. Parcel i.d. 2 -28 -37 -35 -0A00 -00019-A000 described as: Beginning 200 feet south of the SE corner of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south along the east boundary of section 28 a distance of 361 feet more or less to the east boundary of Parrot Avenue (SR 15); then run north along the east boundary of SR 15 a distance of 15 feet; then run east a distance of 158 feet, then run north a distance of 85 feet; then run east a distance of 205 feet to the POB. b. Parcel i.d.# 2-28-37-35-0A00-00022-0000 described as: Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run south 157.50 feet; thence run west 226 feet; thence run south 157.50 feet; thence run east 226 feet to the POB; AND Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run west 226 feet for POB; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet; thence run south 157.50 feet to the POB. c. Parcel i.d. # 2-28-37-35-0A00-00018-0000 described as: Beginning at a point 300 feet south of the NE corner of the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south a distance of 100.00 feet; thence run west a distance of 361 feet more or less to the east boundary of Parrot avenue (SR15); then run north along the east boundary of parrot avenue (SR15) a distance of 100.00 feet; then run east a distance of 361 feet more or less to the POB. E. THAT the real property described in paragraph D above was by the final judgment declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof was ordered under this court and the court found as to this count: a. That as to the described real property, a nuisance exists in the nature of placement of junk, creation of public safety issues and concerns, creation of environmental hazards, and failure to comply with applicable city of Okeechobee codes. b. That defendants use of said real property in injurious to the rights of others, including the plaintiff and all its citizens. c. That the court finds there is no adequate remedy at law for imposition of money damages. d. Defendant MARVIN W. BRANTLEY was ordered to promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice. e. Said judgment ordered that Defendant MARVIN W. BRANTLEY, nor his agents, employees or assigns at his direction, shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50')feet to the east of said sidewalk, and shall forthwith, within the time permitted by this order, remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises f. Said judgment ordered that Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes on the subject property, a minimum thirty (30') feet in width, running from the west to the east, commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac or turn -around area as appropriate. g. Said judgment required that the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005. This time frame shall be of the essence and strictly construed. F. Said judgment included language to express the specific intent of the parties and ordered by the court, that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or hereafter amended. The defendant was notified by this judgment that the enforcement powers of the court include: If the acts required were not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing in the enforcement of the final judgment. G. That since the entry of the order in June, 2005, plaintiff City of Okeechobee has brought two actions for enforcement and contempt against defendant; one before Judge Roby who entered an order of incarceration with purge provisions if he complied with final judgment within a certain time period; one before Judge Metzger who entered an order of contempt as well, without a provision for incarceration. H. That since the last hearing, the plaintiff/city, through it code officers, has notified defendant several times that the property was getting out of compliance, and informally notified to comply with the final judgment; however, defendant has again wilfully and knowingly caused the real property to come into non- compliance with the final judgment, by placing, allowing or otherwise displaying hundreds of items of junk along the right of way of Highway 441 South, in direct violation of this courts order. I. That plaintiff/city notified defendant again on November 1, 2017 forwarded by hand delivery a ten day notice to come into compliance with the referenced final judgment or that the matter would proceed to hearing by the city council on its regular agenda on November 14, 2017; defendant appeared at that meeting and addressed the council, at which time the city council directed undersigned counsel to proceed with this motion for enforcement/criminal contempt. J. That the defendant has exhibited a lack of respect for the courts orders in the final judgment and two prior contempt hearings and appears to be likely to do so again in the future, unless the court fashions some meaningful penalty. K. That the plaintiff seeks an order of contempt; entry of an order of incarceration or bodily attachment of up to 180 days; and a purge provision of 14 days to obtain total compliance with this courts orders. L. That the plaintiff seeks the award of all attorneys fees and costs in the preparation and presentation of this motion. SUBMITTED this 18 day of January, 2018. I HEREBY CERTIFY a true copy hereof is sent via hand delivery to defendant Marvin Brantley, Okeechobee, Florida this 22 day of January, 2018. /s/ John R. Cook JOHN R. COOK City Attorney 1120 S. Parrott Ave Okeechobee, Fl. 34972 (863)467-0297 Fla. Bar 262951 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, -vs- MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. MOTION FOR ENFORCEMENT/FEES & COSTS THE PLAINTIFF in this cause, CITY OF OKEECHOBEE, FLORIDA, files this motion for enforcement and for award of attorneys fees and costs, and states the following, to -wit: 1. THAT the parties hereto entered into a stipulated final judgment in the cause in June, 2005, the history of the case being as follows: A. The action sought in count I to foreclose a chapter 162 code enforcement lien assessed against real property consisting of a parcel of land situated in Okeechobee County, Florida, brought by the Plaintiff(s) as the owners and holders of the lien sought to be foreclosed; and for the entry in count II of a declaration of public nuisance against defendant Brantley and other relief. B. The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY. Said defendant(s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. C. That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff(s) or their assignee/designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed in the public records, Okeechobee county, Florida. D. THAT judgment was entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violations 04-014, 04- 015, & 04-016 in the total sum of $11,900.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution issue. E. THAT judgment was entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violation 04-017 in the total sum of $ 12,575.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. F. THAT judgment was entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-018 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. G. THAT judgment was entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-019 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. H. THAT judgment was entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-020 in the total sum of $ 10,925.00 , which shall hereafter accrue interest as allowed by law, and for which let execution and levy issue. 2. THAT the real property was declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof was ordered under that count. 3. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court included: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, to a height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. Defendant MARVIN W. BRANTLEY, his agents, employees, successor assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50')feet to the east of said sidewalk, and forthwith remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes a minimum thirty (30') feet in wide, running from the west to the east, within the property commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exists on said real property. 4. The specific intent of the parties and as ordered by the court was that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or as hereafter amended. 5. That retained in the final judgment, was that the enforcement powers of the court include: a.The court, upon proper application of the plaintiff for defendants failure to act or perform, may hold the defendant in contempt of court, and upon a finding of such contempt, confine the defendant for up to 180 days county jail for each such violation. b. The court may appoint a person not a party to this action, to perform the required act insofar as practicable. The performance of the act by the person so appointed shall have the same effect as if performed by the party against whom this judgement was entered. c. That the court retained jurisdiction in this cause as indicated above to enforce its terms, issue writs and judgments for future costs and fees, and such other issues as raised by the order. 7. THAT since the entry of the order, the court has once before found defendant to be in violation of the final judgment, ordered compliance with the order or a jail term, plus fees. On that occasion, defendant came into compliance prior to serving a jail sentence. 8. THAT defendant presently is in violation again, by failing to keep the fifty foot area in front, or on the West boundary, of his property free from debris, junk, abandoned personal property, garbage bins and dumpsters, and assorted discarded items, all of which are visible from SR 15. 9. THAT defendant was provided ten days written notice to come into compliance with the final judgment prior to instituting this motion, but has failed to do so. 10. THAT by the terms of the final judgment, plaintiff seeks an order of enforcement, which would include: a. An order of incarceration with purge provisions that enable defendant to complete all compliance with the final judgment within a short time period, or be incarcerated upon failure to adequately do so. b. An order requiring defendant to pay all costs of court, attorneys fees and expenses related to this motion and hearing. c. Such other orders of compliance as provided for in the final judgment. SUBMITTED this day of June, 2006. I HEREBY CERTIFY a true copy hereof is hand delivered to defendant Marvin Brantley, Hwy. 441 South Okeechobee, Florida, this 20 day of June, 2006. JOHN R. COOK CITY ATTORNEY 805 S.W. Park St. Okeechobee, Fl. 34972 (863)467-0297 Fla Bar 262951 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA plaintiff VS. MARVIN BRANTLEY defendant / TO: MARVIN BRANTLEY 1905 S. Parrott Ave. Okeechobee, FI. 34972 IN THE CIRCUIT COURT, NINETEENTH JUDICAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. 2004 -CA -309 NOTICE OF HEARING PLEASE be notified that the undersigned will call up for hearing the following matter: MOTION FOR ENFORCEMENT FINAL JUDGMENT MOTION FOR CRIMINAL CONTEMPT DATE: March 29, 2018 TIME: 10:30 A.M. JUDGE: HON. LAURIE BUCHANAN PLACE: OKEECHOBEE COUNTY JUDICIAL CENTER 3-B SUBMITTED this23day of February 2018 /s/ John R. Cook JOHN R. COOK City Attorney 55 SE 3`dAv. Okeechobee, FL. 34972 (863) 634-1648 FBN 262951 jrcook1648@yahoo.com IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 2004 -CA -309 JOHN R. COOK, City Attorney ex.rel. CITY OF OKEECHOBEE, FLORIDA; and CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, Plaintiff, vs. MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to Barnett Bank, Lake Okeechobee; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees; grantees; assignees; lienors; creditors; trustees; or other claimants, whether alive or deceased. Defendants. NOTICE OF HEARING TO: MARVIN BRANTLEY 1805 S. Parrot Ave. Okeechobee, Florida YOU ARE HEREBY NOTIFIED that undersigned counsel has called up for hearing the following matter: MOTION FOR CONTEMPT/ENFORCEMENT/ISSUANCE OF WRIT DATE: TIME: PLACE: JUDGE: September 26, 2005 9:00 A.M. Okeechobee county Courthouse, 317 NW 3rd Avenue Hon. William Roby JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 CITY OF OKEECHOBEE, et.al. Plaintiff vs. MARVIN BRANTLEY et.al. Defendant. NOTICE OF HEARING TO: MARVIN BRANTLEY You are hereby notified hearing the following matter: MOTION FOR MOTION FOR the undersigned will call up for ENFORCEMENT OF FINAL JUDGMENT ATTORNEYS FEES & COSTS TIME: 10:00 A.M. PLACE: Okeechobee county courthouse DATE: June 26, 2006 Judge: Hon. Elizabeth Metzger PLEASE GOVERN YOURS,F ACCORDINGLY SUBMITTED this 0 day of I HEREBY CERTIFY a true copy hereof delivery this ,.QC) day of above named addressees. 2006. was furnished by 2006- 1(.(f/ 006- John R. Coo 805 S.W. Park St. Okeechobee, Florida 34972 (863)467-0297 (863)467-4798 FAX Florida Bar 262951 10 APLY oto, c!zyvoivt, VW r\ av`C y� WsooE4 Asartik.)1\,1, erN co40-6Ack hand , to 1 17131 Jo. �.,i,,,nn � ►�asu� s:�b p � rr► t PLEASE GOVERN YOURSELF ACCORDINGLY YOU ARE HEREBY NOTIFIED THAT YOUR FAILURE TO APPEAR AT THIS HEARING TO REBUT YOUR VIOLATION OF FINAL JUDGMENT AND ABILITY TO COMPLY THEREWITH MAY RESULT IN YOUR INCARCERATION IN THE OIOECHORF'F: COUNTY JAIL; THAT THE COURT MAY ISSUE A WRIT OF BODILY ATTACHMENT THAT WILL RESULT IN YOUR INCARCERATION UNTIL ACT (S) REQUIRED OF YOU BY mg FINAL JUDGMENT ENTERED HEREIN ARE COMPLETED I hereby certify a true copy hereof is sent by personal hand delivery this day of September, 2005 to the above named addressee. JOHN R. OOK Attorney for Plaintiff 805 SW PARK STREET Okeechobee, FL 34972 (863) 467-0297 Fla. Bar No. 262951