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2020-03-03 Ex 05Exhibit 5 MAR 3, 2020 E. Case Number 191217007 Okeechobee -FLA Properties LLC;2000 BLOCK South Parrott Avenue, Okeechobee, Florida 34974 (Chapter 30 Section 30-43) City of Okeechobee Code Ordinance. [Unplatted Lands of the City, The North '/2 of the Following Described Tract: Beginning 400 Feet South of the Northeast Corner of Southeast %] Code Officer Sterling testified that he spoke with the owner Joel Prince and he provided us with his lawn maintenance companies information. Officer Sterling meet with the lawn company and went over what the issue is with the property. Mr. Sterling stated that half of the tree that has fallen is on Walmart's property. Officer Sterling stated that he contacted the manager at Walmart, and they have agreed to help Mr. Prince get the tree trimmed and cleaned up. Officer Sterling recommended that we give them until the next scheduled Special Magistrate Hearing to come into compliance. Special Magistrate Azcona found this property to be in violation of Chapter 30 Section 30-83 Public Nuisance. Due to Officer Sterling's testimony Magistrate Azcona recommended giving this Case until the next scheduled Special Magistrate Hearing to come into compliance. VIII. OLD CASES AND FINE REDUCTION REQUESTS A. Case Number 17-005 Jackie Rediker, 201 Northeast 101h Street, Okeechobee, Florida 34972 (Chapter 30 Section 30-43, 30-44 and 30-41) City of Okeechobee Code Ordinance. [City of Okeechobee Lots 19 and 30, Block 31] Mr. Rediker was sworn in and Special Magistrate Roger Azcona asked Code Officer Sterling to explain the issue with this property. Officer Sterling stated that the property sits on two parcels, one which has the home and the other which has a workshop. He went on to explain that this Case has been ongoing since February 2017. The property was found in violation of Chapter 30 Section 30-43 Public Nuisance, 30-44 General Cleaning and Beautification as well as 30-41 Disabled Vehicles. The fine on the property ran for 576 days at $15.00 per day, bringing the fine amount to $8,640.00. Mr. Rediker stated that he was gone during this time period. He stated that his wife was supposed to take care of the property but did nothing. Special Magistrate Azcona asked Mr. Rediker if the Case goes to the City Council for a request of Fine at 10% totaling $864.00 could he pay it? Mr. Redikers stated that he is on disability and only gets $522.00 a month, but he could pay $50.00 a month. Magistrate Azcona stated that if the City Council approves the fine reduction to the 10% making the fine $864.00, it would have to be paid on the first of every month. Mr. Rediker agreed to this term. Magistrate Azcona stated, If the fine is not paid every month then the case will be overturned, and the foreclosure process will begin. This property was deemed in compliance as of December 10, 2019. B. Case Number 17-028 Lorene Mott (Feltenberger) 1006 Southwest 5th Avenue, Okeechobee, Florida 34974 (Chapter 30 Section 30-44 and 30-43) City of Okeechobee Code Ordinance. [ South Okeechobee Lots 2,3and 4 Less That Part Lying West of a Line Described in or 257, Page 1677 Block 7] Mrs. Feltenberger was sworn in and Special Magistrate Azcona asked Code Officer Sterling to explain the issue with the above property. Officer Sterling stated that the property has been in disarray and that the Feltenbergers just purchased the property. Mr. Sterling stated that the property was in violation of Chapter 30-44 General Cleaning and Beautification and Section 30-43 Public Nuisance. Officer Sterling stated that they have gone in and started the cleanup process. Mrs. Feltenberg was asked by Special Magistrate Azcona if the case was to go to the City Council for a recommendation of a fine reduction of 10%, would she be fine with that. Mrs. Feltenberger stated that she would like to get the fine down around $500.00 to $600.00. She stated, they have gone in and cleaned the property up and that the property has also been a thorn in the City Code Enforcements side. Mrs. Feltenberger also stated that they have had to pay an attorney to do the probate on the property, and that it has all been paid. Special Magistrate Azcona stated that the recommendation on the fine reduction is usually 10% of the fines due. Special Magistrate Azcona also stated that the fee of $400.00 would have to be paid for the filing of the foreclosure that the city already paid. Mr. Azcona recommended that this case be sent to the City Council for a fine reduction at the 10% due of 6,615.00 and the filing fee of $400.00. Mrs. Feltenberg stated that if that's what the City Council decides she would take care of the payment of $1,061.00. January 7, 2020 Regular Meeting Page 3 of 4 Y'* Request for Fine Reduction``"* New owner is MR. Feltenberger*" CASE NO: 17-028 1. My name is Fred Sterling certified code inspector for the City of Okeechobee, and I've been duly sworn in prior to presenting evidence. 2. Respondents Lorene Motts is/are () present or () not present. The property is occupied by () owner(s), () tenant or ( ) vacant, 3. This case concerns property located in the municipal boundaries of the City of Okeechobee at 1006 SW 5`" Ave . According to Official Records of the Okeechobee County Property Appraiser the owner(s) of record is/are Lorene Mott City exhibit no. 1 4. On December 2017 , I personally inspected the property and observed the following: a. General Cleaning & Beautification b. Public Nuisance C. - 5. Based upon my investigation, I issued a courtesy card/letter to Respondent(s) notifying them of the violation with a request to have the property come into compliance within 10 days. 6. On I re inspected the property and found it still in violation_ A Notice of Violation/Notice of Hearing was issued on and delivered by: () Certified mail. () Personal hand delivery. () Posting Notice of Violation/Notice of Hearing on the subject property. City exhibit no.—2 7. Notice of Violation/Notice of Hearing gave Respondents) days to correct the following violations: a. Ch 30 Sec 30-44 for violation of General Cleaning & Beautification b. Ch 30 Sec 30-43 for violation of Public Nuisance c. Ch Sec for violation of S. Prior to the hearing, a final inspection of the property was done and I determined: () Property had come into substantial compliance with cited Codes. () Property remained in non-compliance. 9. I request in addition to my testimony, all exhibits, notices and photographs be admitted into evidence by the Magistrate. `* Mr. Feltenberger purchased this property and is requesting a fine reduction*** CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-028 Name: Lorene Mott Property Location: 1006 SW 5`h Avenue Code Board Action: Imposed a fine starting 1/19/18 @ $15.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning. Accrual of Fine: X01 Q 0►G ' Jan 3 Feb = �� Mar Apr V- Y C�(l n = �—�C144 Qc��� Aj X31 TOTAL= 411 dQyS NC -9=30 Dec =,51 Date of Compliance: J fT /I C)p 00 1e C7_ 3l I -,a- -� ,15. CO 12/5/?_019 Flnanctel Details Count Ass s men! Duo Asaessm.ni Paid to Data RosUlution Due R.stlI.H.n Paid to Data Last Payment 0 to 5400.00 5400.00 50.00 50.00 _ Reopen History •'iwmv.exwihvni:vni...-1F1•v61r oulc.nx C-1 P— .1., .b.mi,. irn J , „el..�lil,rr1-ra niA nut iW h -n addir ibr,,-h I".. r.F.f Jltluh:)ted.malan.h r. iL. rrv�l.al .m... t:rc ttv of..'a�. 1/1 Nnrr SOa:M Gxpand All Case Number Filed Da:. Casa Typc Smnu C 1 d Jury Tial 472019CA000057CAAXMX O- it0007CAAXIM 03,042019 Cw-h C�437-D OPEN x10 NO Flin90.1 - . - Do.. prion - - active Come—d - --- - Judgment DaSe ' 0310:2019 RP+MF-NONHO&IESTEAO RESID 50- 50.000 YES \O- Party Namc Party Type Ati.rneY Bart D BUCHANArI, LAURIE E JUDGE - :MOTTLORc'NE Seoreh This Pady DEFENDANT CITY OF OKEECHOBEE Search This Party PLAINTIFF COOK JOHN RICHARD 202951 Dockets _.. Page:1 ALL Image D..9 Action Data Pages 12 11212019 DEFAULT AGAINST LORENE P. MOTT 11 1120/2019 MOTION FOR DEFAULT MROPOSED DEFAULT AGAINST LORENE P. MOTT 2 _ f0 11/04/2019 AFFIDAVIT OF PUBLICATION OF NOTICE OF ACTION I 9 1070812019 ORDER FOR PUBLICATION 2 8 10!022019 AMENDED AFFIDAVIT FOR ORDER OF PUBLICATION i0 r 09t'Gra19 AFFIDAVIT FOR ORDER OF PUBLICATION _ - 6 031CS2019 NOTICE OF LIS PENDENS . .- 5 03452019 COMPLAINT IN FORCLOSURE 43 3 03!052019 Paymentreceked S10D00 Receipt Number MX 81970 ' 4 031042019 CIVIL COVER SHEET 2 2 03104/2019 Assessment I assessed tsum 5400.00 0310412019 _ Case 472C19CA000057CAAXMX Foes v!i81 Clad; on 31420ig Judge Assignment History .. :. __ _ ..: _ Court Events -- .Flnancl4l Summary - - Flnanctel Details Count Ass s men! Duo Asaessm.ni Paid to Data RosUlution Due R.stlI.H.n Paid to Data Last Payment 0 to 5400.00 5400.00 50.00 50.00 _ Reopen History •'iwmv.exwihvni:vni...-1F1•v61r oulc.nx C-1 P— .1., .b.mi,. irn J , „el..�lil,rr1-ra niA nut iW h -n addir ibr,,-h I".. r.F.f Jltluh:)ted.malan.h r. iL. rrv�l.al .m... t:rc ttv of..'a�. 1/1 Filing 4 E -Filed 12/11/2019 09 -.05 - 10 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY FLORIDA. CASE NO. 2019 -CA -0057 CITY OF OKEECHOBEE, FLORIDA A Florida municipal corporation Plaintiff Vs. LORENE P. MOTT et.al. Defendant NOTICE VOLUNTARY DISMISSAL THE UNDERSIGNED, as counsel for plaintiff CITY OF OKEECHOBEE, FLORIDA, announces: 1. THAT the subject property to this foreclosure action has been through probate in Okeechobee county, and subsequently sold. 2. THAT the plaintiff therefore announces a voluntary dismissal of this action with prejudice. SUBMITTED this -11— day of December, 2019. —1sl John R. Cook City Attorney PO Box 515 Okeechobee, FL. 34972 (863)634-1648 Fla. Bar 262951 jrccokl648@yahoo.com Electronically Filed Okeechobee Case # 19000057CAAXMX 12/11/2019 09:05:10 AM 09111 011 ffivil 9 a NO 9 NoWN1�0 I IN RE: The Matter of Complaint # 17-009 Respondent(s) hereby request a reduction of a fine imposed in the above - referenced case and in support thereof would state the following information: My name and current mailing address are: Cou 6W 51— Aq�_e' Meecitobecf-, -, A -30c17q 2, Physical address of the property which was the subject of the violation: 3. A fine in the amount of $ 15- CIO - per day was imposed on the following date: I — I q - aof S 4. The violations were corrected and I was advised that the property came into compliance on the following dat6: 1110-2Ch 5,Q)OICi S. lam requesting that the accrued fine be reduced from$ to 0 The accrued fine amount should be reduced because: "ij*a —1-L-tt Utije;,, +J,,. a/ LJ it back Co'-'-Lp t 7. 1 UNDERSTAND THAT I MUST BE PRESENT AND PERSONNALLY APPEAR BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE TO PRESENT AND DEFEND THIS REQUEST FOR A REDUCTION IN THE FINE. If I cannot personally appear, I hereby __qesignate the following person to appear in my place: Signature of Res ondent Signature of Respondent Date: )/ /o%"/ I Date: The foregoing instrum t was swom to (or affirmed) and subscribed before me this. day of 2Q_/ by :hA-L) Zz and whoproduced/,I/z- as identification. I I Signature of Notary Public - State of Florida Print/Typed/Stamped Name oNotary My commission expires: -712 , /20Z-12 LA HA BO EE Notary Public State of Florida Commission # GG 234274 My Comm. Expires Jul 2, 2022 Banded through National Notary Assn. FASHARED\Aarnanda\Code Enforcement Board Mectings\Ordcrs and other formsaccluest for reduction of accrued fine 2007.doc Revisrd7/20/2007 Page 1 of 1 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-028 CITY OF OKEECHOBEE, PETITIONER, I Iltll{ tllll tllli {li{t II{I{illi{ tlll IIII F2LE of;"NtJr1 2rJ18043915 -vs- o�er 844 PG 1185 SHARON ROBERTSON, CLERK, S COMPTROLLER RESPONDENT, RECORDED COUNTY, FLORIDA kECORDED 03/23/2018 10:08:29 An RECORDING FEES *13.54 RECORDED BY K Pinon Lorene Mott / Pss 1185 - 1186; t2 D9s) LIEN ! ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on December 12 , 20 17. After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 2, 3 & 4 Blk: 7 Section: South Okeechobee Parcel:3-21-37-35-0040-OOIOY-0020 Property location: 1006 SW 51 Avenue, Okeechobee, FL Property owner: Lorene Mott Property has been found to have overgrown vegetation and yard needs cleaning. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sec 30-43 Publiic nuisance & Sec 30-44 General cleaning C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning concerning your property located at 1006 SW 5'° Avenue, Okeechobee. FL 34974 If you do not correct the violation within twenty five days after receipt of this notice . or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 15.00-- per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. Book804/Paige1185 CFN#2018003915 Page 1 of 2 https://pioneer. okeechobeelandmark.com/LandmarkWebLive//Document/GetDocumentFo... 12/3/2019 Page 1 of 1 AGREED AND ORDERED this 9 dayof P. om �i ax 20-L7 . CITY OF OKEECHOBEE, Petitioner CODE ENFORCEMENT BOARD City of Okeechobee, Florida tperson Enfor ement Officcr ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE Lorene Mott Respondent PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterline _ and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement officer and Recording Secretary, respectively, ofthe C= OF OKEECHOBEE CODE ENFORCEMENT BOA -RD. SWORN TO AND SUBSCRIBED before me this r�0 day of U�,►/JI —2011 Kum & n — NOTARY PUBLIC My Commission expires: f Please return to: City of Okeechobee Code Enforcement 55 SE 3r0 Avenue Okeechobee, FL 34974 (863)357-1971 Book804JPage1186 CFN#2018003915 Page 2 of 2 https: //pioneer. okeechobeelandmark. com/LandmarkWebLive//Document/GetDocumentFo... 12/3/2019 MapPrint_Okeechobee-County-Property-Appraiser_12-3-2019 Page 1 of 1 ,_--7-.7 -ice -aF • TJX T?iTa o - i a &at % U - IPA Ali .44 -,_. ■ C l i E ? ■� r. '': x, SW 10TH ST �x .+.IZ 1 �s ` 4 Plow ;'10TH ST r i• ;y: PLM L L 4. Ile ` j(f�j tr.r� -' f r - i�"� 1, . -�- 3r �m•� - 4 t • :� . � �` � � ria, 1 ., • � I j SW 11T�SIT - �`�'w"`-fir Rho s' -.iFZ� �� •�� �i, 'dt' �..1 s.r� -�.,� � .. 4i' in a _� _ fi! :4, �!f - Wv .1 It ON Ab bit .il U 130 260 380 520 650 780 910 1040 1170 1300 ft Okeechobee County Property Appraiser Mickey L. Bandi I Okeechobee, Florida 863-763-4422 PARCEL: 3-21-37-35-0040-001 OY-0020 I SINGLE FAM (000100) 10.385 AC NOTES: SOUTH OKEECHOBEE LOTS 2 3 4 LESS THAT PART LYING W OF A LINE DESC IN OR 257 PG 1677 BLOCK 7 - MOTT LORENE P (DEC) 2019 Certified Values Owner: 2082 CYPRESS CREEK RD Mkt Lnd $19,800 Appraised $41,767 COTTONDALE, FL 324317608 Ag Lnd $0 Assessed $41,767 Site: 1006 SW 5TH AVE, _ OKEECHOBEE Bldg $21,595 Exempt $0 Sales 3/19/1896 53,1150 I(U) XFOB 5372 county:$41,767 ! 1 9111994 512,000 I U a•'.., r Info 12111979 sloo I(U) Just $41,767 Taxable other:$41,767 school:$41,767 Okeechobce Count,, FL This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the govemmenlal purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on Ole in the Property Appraiser's office. GrialyLogic.com http://g4b.okeechobeepa.comJgis/gisPrint/ 12/3/2019 G o cn CD cc Cn G) D Z 3 0 C) n r• n O W CAW y m CD x Cn C/)o Z o z co cco o � G7 C) d cfl CD m D o j o m A co O Co N G-) =0 Cn y N Ol CD O on n p o 3 m m y m r C1 y < not m m CD a cn CD U; A CL , `G CD C A CD a) d O 7 N R� c n n CD m O o cn CD cc Cn G) D Z 3 -0 m o m e E. a m O 0 Cn -« C _ - o o o �' n - H CD w cru z n, y M ? O O� CD 0 - C� CD -p.. 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Dont know at this point t from Yahoo Mail on Android On Wed, Dec 11, 2019 at 9:25 AM, Melissa Close <mclose@cityofokeechobee.com> wrote: John, Quick question, on the Mott case do I include the 400.00 file fee?? I know you are waiving your fee, but unsure on the court filling fee?? Please advise Melissa Close City of Okeechobee Code Enforcement Administrative Seceraty (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. FW: Mott Property Case #17-028 John Cook Fri 12/61/2019 12:28 Phi! To: Fred Sterling <fsterling@cityofokeechobee.com> No fees. I am dropping the foreclosure anyway. Sent from Yahoo Mail on Android On Fri, Dec 6, 2019 at 8:22 AM, John Cook <johncook(cD.cityofokeechobee.com> wrote: From: Fred Sterling <fsterling@cityofokeechobee.com> Sent: Thursday, December 5, 2019 11:01 AM To: John Cook <iohncook@cityofokeechobee.com> Subject: Re: Mott Property Case #17-028 Sorry I though it was $25.00 per day. It is only $15.00 a day totals out to $6,615.00 From: Fred Sterling Sent: Thursday, December 5, 2019 10:58 AM To: John Cook <johncook@cityofokeechobee.com<mai[to:johncook@cityofokeechobee.com>> Subject: Mott Property Case #17-028 I have all the information on the Mott property, the only thing I am lacking is your fee. I have the fine figured out and the filling of the foreclosure figured out. Fine amount is $10,675.00 the filling fee was $400.00 which they paid. So all I need is what your fee is to add to the fine amount. Sorry I got a new computer this am and Betty is installing all my programs. Thank you for all your help and hope you are doing well. Spoke with David Feltenberger and he said he has the deed, so I will get them on the January Special Magistrate meeting. Sincerely, Melissa Close Melissa Close From: Melissa Close Sent: Thursday, December 12, 2019 9:02 AM To: okeeland@comcast.net Subject: Regarding the Mott Property Case #17-028 Mr. Feltenberger I have the figures for the Mott fine: Fine started on 1/19/2018 ran through 03/05/2019 for a total of 411 days at $15.00 a day. Total on that is $6,615.00. Also have foreclosure fee that will be add to the amount ($400.00) So that brings the total amount of the lien to $7,015.00. The City Attorney waved his fees. I have the paperwork you filled out for the fine reduction and will get this case on the January 14th Special Magistrate Meeting at 6:30 at the City Hall/ Council Chambers. If you have any further questions please feel free to contact me at the number listed below or email me. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Seceraty (863)763-2626 Extension 9802 Fax (863) 763-7804 a NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 09 August 8, 2018 CLty of Okeechobee Code Enforcement Lorene Mott 1006 SW 5" Avenue Okeechobee, FL 34974 Re: 1006 SW 5' Avenue Dear Property Owner: This letter is in reference to the Code Enforcement Board Order/Lien dated December 12, 2017 imposing a fifteen dollar per day fine beginning January 19, 2018 for overgrown grass, yard debris on property located at 1006 SW 5'h Avenue. On March 23, 2018 the Lien was recorded in Okeechobee County. The fine has now accrued for over ninety (29) days and is continuing, to accrue dailv. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the property to collect the fine. At this time no foreclosure action has been taken against the property. However, you should contact me immediately in order to bring the property into compliance with City ordinances and stop the fine from accruing. The next regularly scheduled Code Enforcement Board meeting is August 14, 2018 at which time the Code Board could decide to recommend foreclosure, Please contact me at 863-467-1586 to discuss this matter. Sincerely, Sterling ed Sterling Code Enforcement officer (863) 467-1586 55 S.F. Third Avenue , Okeechobee, Florida 34974-2932 * (863) 467-1586 4 Fax: (863) 763-4489 cp 0 r,,� C-) 0 C') -0 C) C) C) %D CD Z C', C', Z 0 ochi 2 CrT M3 co CA =3 0) A -u CD Cn 03 CD rr co :� a a rr 0.1 r. ;3- CD CD 0 W < c') CD a) 03 CD CD Z3 to M 36 =3 a -.0 m m a > .,c m o CD -Sn CD t?coo,'04 = = ca -0 G) :;a > > cr rr -0 dM 0 0 0 0 -0-0-8 m !F w R. 0 ;5 m m W, A z O Q. 2. 0 a m = - O cr 0 a a r -L = CD rr co :� a a rr 0.1 r. ;3- CD CD 0 W to 0 2 to M 36 =3 a -.0 m m m o CD -Sn m cam= t?coo,'04 = = - =" m 3 =r - S� w am - @ - a) acn 0) u = =r CD CD 0 @ = 0 < 0 aa rL., = =r 2! . 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