Untitled BrantleyJ.J. Smith
From: Lane Gamiotea
Sent: Monday, November 2, 2020 10:52 AM
To: Bobbie Jenkins; J.J. Smith
Subject: FW: Update on City code enforcement program
FYI, print this email for all files necessary .....
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City Clerk/Personnel Administrator
City of Okeechobee
55 SE 3d Avenue, Room 100, Okeechobee, FL 34974
Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345
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From: City Attorney <cityattorney@cityofokeechobee.com>
Sent: Friday, October 30, 2020 4:10 PM
To: John Fumero <JFumero@nasonyeager.com>
Cc: Robert Peterson <rpeterson@cityofokeechobee.com>; Carlyn H. Kowalsky <CKowalsky@nasonyeager.com>
Subject: Update on City code enforcement program
Dear City Council -
I am providing an update on the various code enforcement matters that have been approved by the
City Council for foreclosure, as well as those code enforcement matters which will be considered by
the City Council for foreclosure. The pending code enforcement matters are:
1. City of Okeechobee v. Brenda Kemp et. al.; 19t" Judicial Circuit Case Number 2019 CA 253:
this is a foreclosure action resulting from the City's municipal lien/order. On October 30, 2020,
1 emailed Fred Sterling an Affidavit of Default Amounts Due. Once I get that back, I will set the
Motion for Default Final Judgment for hearing. We intend to expedite this matter.
2. City of Okeechobee v. Gloria Rodriguez et al.; 191" Judicial Circuit Case Number not yet
assigned: this action will be a foreclosure of the City's municipal lien/order. We have finalized
the Complaint and intend to file it today, October 30, 2020. After the Defendants are served,
they have twenty days to file an Answer. If they do, we will serve discovery pleadings. If they
do not file an Answer, we will press forward with a Default Final Judgment.
3. City of Okeechobee v. Teresa Cappetta et al.; 19th Judicial Circuit Case Number not yet
assigned: this action will be a foreclosure of the City's municipal lien/order. We have finalized
the Complaint and intend to file it today, October 30, 2020. After the Defendants are served,
they have twenty days to file an Answer. If they do, we will serve discovery pleadings. If they
do not file an Answer, we will press forward with a Default Final Judgment. I believe that Roy
Conerly, one of the Defendants, is dead and so I preemptively drafted the Motion to Appoint
Curator so that we could set up an estate for purposes of service of process.
4. City of Okeechobee v. Marvin W. Brantley, 19th Judicial Circuit Case Number 47 2004 CA
000309: We successful in procuring an Order Finding Defendant in Contempt of Court on
September 21, 2020. The Court ordered Mr. Brantley to pay the City $6,297.50 as and for the
City's attorney's fees and $9,750.00 as and for the City's fines. Given that it is clear that he
will not pay those fees and fines, I emailed Fred Sterling the Affidavit required. Once we get
his Affidavit, we will submit same along with a proposed judgment. After the Court issues the
judgment, we will record it so it becomes a Judgment Lien. We will also submit it to the State
of Florida Secretary of State and get a Judgment Lien Certificate. Once that is done, we will
ask the Clerk to issue a Writ of Execution and we will provide that, along with the Judgment
Lien, the Judgment Lien Certificate and an Instructions for Levy form to the Okeechobee
County Sheriff. The sheriff will then auction Mr. Brantley's property off.
5. City of Okeechobee v. Barbara Mills; 19th Judicial Circuit Case Number 47 2004 CA 000309:
On October 28, 2020, we filed a Suggestion of Death and Motion for Substitution as the
Defendant is dead. The probate attorney agreed to enter into an Agreed Order and that was
provided to the Judge on October 29, 2020. Once that is entered, the Personal
Representative will be substituted in for the Defendant and he must file an Answer or a Default
will be entered against him. We likewise, as a creditor of the Estate, filed a Statement of Claim
in the Palm Beach County probate case on October 29, 2020. This property is purportedly
homestead but that loses the protection on January 1, 2020. Depending on how this matter
proceeds, we may need to file an Amended Complaint.
6. City of Okeechobee v. Crystal 1, LLC; 19th Judicial Circuit Case Number 2017 CA 218: We
are waiting for the City's approval to proceed with this matter. The City had initiated a
foreclosure case against the Defendant on September 15, 2017. On October 28, 2020 we filed
a Motion for Default Final Judgment seeking $32,562.50 inclusive of attorney's fees. The
Notice of Hearing was filed and the hearing is set for November 17, 2020. The proposed
Order has already been emailed to the Judge.
7. City of Okeechobee v. Okeechobee Park Street, LLC (Walgreens); Code Enforcement
Case Number 17-040: we have worked with City staff to draft a letter to the property owner
advising it that if the current accruing liens are not paid, a foreclosure action will be initiated.
Staff has not further advised of the status.
8. City of Okeechobee v. South Florida BBQ; 19th Judicial Circuit Case Number not yet
assigned: the 90 day letter was sent to the property owner on February 27, 2020. We are
waiting for the City's approval to proceed with foreclosure.
9. City of Okeechobee v. Fortex Holdings, LLC; 19tt' Judicial Circuit Case Number not yet
assigned: the 90 day letter was sent to the property owner on March 2, 2020. We are waiting
for the City's approval to proceed with foreclosure.
As always, should you have any questions or comments please do not hesitate to contact me or
Carlyn Kowalsky.
CITY ATTORNEY
CITY OF OKEECHOBEE
14
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