Ferneau, Darrell - Lot 5, Block 24, Northwest Addition - Released7
RELEASE OF LIEN BLOK 3M 00 PACE 98
KNOW MEN BY THESE PRESENTS:
CIT OF OKEECHOBEE , the owner and holder
ain claim of lien recorded in OR Book ~7_
of that c
at Page tr claiming a lien against the following '
described pr ty%
i
L lock 27, Northwest Addition
An
I.ots~18, Block 24, Northwest Addition i.
releas d property from the claim of lien and
' hereby fully
considers same to be ancelled and discharged of record. theile
this release is intend o fully and completely release
aforedescribed property m the lien claim, it is. not intended
".r~kFtual rights, nor other rights in
to release or embrace cGltr
personam, nor does it indd~C payment.
BY:
i
STATE OF FLORIDA ) SS. 1
COUNTY OF Okeechobee )
' The foregoing Release of Lien was acknowledged before
known to me to be the owner
_ me by PEC Enter rises this
for $75.00 , pursuant to due authority.
S 13th day of December , 1988
Notary Public, State of Florida
bW;t,doioission expires: i
r . a• Public. Stale 01 Flnnda At LaBe
Kolary n &Dues Feb 24 1991
ti r r ti{.. mmissc C J ~.!:-.s IJ
ski >hif,,; F,1* ~~>se~1', x~> . vii~~ r dtbJ IJ £ z z 10 z -
of YDkB~Ghobee 60 :`l 4lw 1 330 8961
r' !p{ echo$eeAvFI ae 34974
--dUN333Ka
080338 boa 033Li,
J
Darrell Ferneau
1302 S. E. 8th Avenue
Okeechobee, Florida 34974
November 30, 1988
Mr. Sam Rector
Code Enforcement Officer
55 S. E. 3rd Avenue
Okeechobee, Florida 34974
Re: NOTICE OF APPEAL
Dear Mr. Rector:
This letter is response to the notice of possible violation on Lots 17 & 18, Block
24, Northwest Addition.
I am appealing your notice to the Code Enforcement Board. Accept, this letter as
my NOTICE OF APPEAL.
Also, enclosed is my written petition for a RELEASE OF LIEN; place me on the agenda
to address the Code Enforcement Board.
A copy of the "NOTICE TO CUT AND REMOVE EXCESS GROWTH OF WEEDS & PLANTS" dated
November 16, 1988, is attached.
Thank you, for adopting and implementing the very essence of what I have been
contending in my letters of November 29, 1984 and December 27th,1984. Copies of
said letters are attached as Exhibit "D" and Exhibit "G" and made part of my
written petition.
I appreciate being served with the proper notice, citing the proper codes which
governs this situation. This gives the cited party procedural due process,
consisting of the right to appeal.
Please notify me of the time and place of the Code Enforcement Board meeting, at
which time I would like to be heard.
I trust we will resolve this for the ultimate good of the city and the betterment
of the community.
Sincerely,
Darrell Ferneau
PEC Representative
DEF/de
I
November 30, 1988 2
Attachment: As stated.
Enclosement: As stated.
cc: Oakland Chapman, Mayor
✓John Drago, City Administrator
John Cook, City Attorney
Donald Clements, Chr. Code Enforcement Board
Robert Ridley, Board Member
James Palmore, Board Member
Gloria Scherrer, Board Member
Marsha Montesi, Board Member
Deara Thompson, Board Member
Danny Entry, Board Member
* OKEEC
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COUNCIL MEMBERS
City of Okeechobee
Nick Collins
Andy Rubin
Oscar Thomas
Dowling Watford. Jr.
MAYOR
Oakland R. Chapman
CITY CLERK
Bonnie S. Thomas, C.M.C.
NOTICE TO CUT AND REMOVE EXCESS GROWTH OF WEEDS AND PLANTS
November 16, 1988
ATTENTION: Leon King; Darrell Ferneau & James Tenniswood
1302 SE 8th Ave.
Okeechobee, Florida 34974
YOU ARE HEREBY NOTIFIED, that the following described real property
is in violation of Chapter 9, Section 9-14 of the code of ordinance
of the City of Okeechobee, Florida, because of excessive growth of
weeds, brushes, or other noxious plants, to-wit:
Lots 17 & 18, Block 24, Northwest Addition
IF YOU FAIL TO COMPLY with this notice of the City of Okeechobee
will cause said excessive weeds, bushes, or other noxious plants
to be cut and removed from said premises and the cost thereof will
be assessed against the property which said weeds are growing or
located on.
ANY PERSON SERVED WITH NOTICE to correct a violation of this
article shall have the right to appeal such notice to the code
enforcement board within fifteen (15) days of the serving of such
notice, by filing notice of appeal with the code enforcement
officer. Such notice of appeal shall stay all further proceedings
in the matter until the next regular meeting of the code
enforcement board, or such later meeting as the board may schedule
to hear the appeal.
Chapter;-9 Sec. 9-14 thru 9-20 Code of Ordinance City of Okeechobee
GOVERN'YOURE- ACCORDINGLY
CODE ENFORCEMENT OFFICER
55 S.E. THIRD AVENUE • OKEECHOBEE, FLORIDA 33474-2932 • 813/763-3372
CODE ENFORCEMENT BOARD OF THE CITY
OF OKEECHOBEE IN OKEECHOBEE, FLORIDA
DARRELL FERNEAU
Petitionor )
PETITION FOR RELEASE OF LIEN
COMES NOW the Petitionor, DARRELL FERNEAU, makes appeal to the Petitionees,
MEMBERS of the Code Enforcement Board of the City of Okeechobee, Florida; SAM
RECTOR, Code Enforcement Officer, of the City of Okeechobee, Florida, and claims:
1. THAT Petitionor is sui juris and is a resident of the City of Okeechobee,
Florida.
2. THAT Petitionor is part -)wner of certain real property within the city
limits of the City of Okeechobee, Florida, to-wit:
Lot 5, Block 27, NORTHWEST ADDITION
AND
Lots 17&18, Block 24, NORTHWEST ADDITION
3. THAT Petitionor was sent notices to cut and remove excess growth of
weeds & plants on March 7, 1984, a copy of said Notice is attached hereto as
Exhibit "A" and made a part of this petition and on August 16, 1984, a copy of said
Notice is attached hereto as Exhibit"B" and made a part of this petition. On the
15th, of November 1984, Mallette Westbrook, Code Enforcement Officer, sent a
s`__~tement f^. X75.00 Petit - ~Ldttmant is .zt`
as Exhibit "C" and made a part of this petition.
4. THAT Petitionor sent a letter dated November 29, 1984, objecting to
said statement. A copy of said Letter is attached hereto as Exhibit "D" and made
a part to this petition.
5. THAT Petitionor received a notice on December 14, 1984, a copy of said
Notice is attached hereto as Exhibit "E" and made a part of this petition, and
Petitionor accepted an another notice on December 18, 1984, a copy of said Notice
is attached hereto as Exhibit "F" and made a part of this petition.
6. THAT Petitionor sent a certified letter of December 27, 1984, as a letter
of appeal. A copy of said Letter is attached hereto as Exhibit "G" and made
a part of this petition.
7. THAT Petitionor was advised by Mr. Westbrook in January, 1985, that the
appealed case was dismissed and Petitionor was exempt from remunerating said state-
went of $75.00.
8. NOW COMES, Louis Keith Tomey, newly appointed Code Enforcement Officer,
and files a claim of lien, recorded in OR Book 272, page 1564. A copy of said Lien
is attached hereto as Exhibit "H" and made a part of this petition.
9. THAT pursuant to section 713.08 (5) of the Florida Statutes' lien act,
dictates:
"The Claim of lien may be recorded at any time
during the progress of the work or thereafter
but not later than 90 days after the final
furnishing of the labor or services or materials
by the lienor;"
Mr. Westbrook furnished the services of mowing overgrown grass and weeds on
December 18, 1984 and Mr. Tomey filed said Lien on October 9th, 1985; some 295
days later.
10. IN accordance to the aforementioned statute the Petitionor contends that
the claim of lien filed by Mr. Tomey to be an illegitimate claim.
WHEREFORE, Petitionor request the Code Enforcement Board take jurisdiction
herein and issue an order directing Sam Rector, Code Enforcement Officer, of the
City of Okeechobee, to file a Release of Lien on the certain claim of lien recorded
in Okeechobee County Clerk's Office, OR Book 272, page 1564, claiming a lien
against the following described property:
Lot 5, Block27, NORTHWEST ADDITION
AND
Lot 17 & 18, Block 24 NORTHWEST ADDITION
Of the Ciuy c- Okeechobee.
Hereby, fully releases said property from the claim of lien and considers same to
be cancelled and discharged of record.
Dated this 30th day of November, 1988.
1
Petitionor
Sworn to subscribed before me this day of 1988.
Notary Public
. 0 K EFc
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O R 1 p Per
CITY OF OKEECHOBEE
CITY f ALL 55 S. F. '1 mw) AVENUE 813'763-3372 OR 763-3667
OKl:I?('ll(MEK, I'1,M(IDA 33472
Home nl'The Sec•rurd Largest Fresh LV(tter Lake in the United Slates
NOTICE TO CUT AND REMOVE EXCESS
GROWTH OF WEEDS-& PLANTS
DATE : March 7, 1984
ATTENTION : Leon King - j!s G
2803 S.W. 22nd St.-
c- FIFTEEN (15) DAYS TO COMPLY
t'
Y
Okeechobee, Fla. 33472
YOU ARE HEREBY NOTIFIED, That the following described real property is
in violation of Chapter 11, Section 11-3 of the code of ordiances of
the City of Okeechobee, Florida, because of excessive growth of weeds,
bushes, or other noxious plants, to-wit:
Lots 17 s 18, Block 24, NorthWest Addition
IF YOU FAIL TO COMPLY with this notice the City of Okeechobee will
cause said excessive weeds, bushes, or other noxious plants to be cut
and to be removed from said premises and the cost thereof will be as-
sessed against the property which said weeds are growing or located on.
Chapter 11 Sec. 11-3 and 11-4 Code of Ordinances City of Okeechobee
GOVERN YOURSELF ACCORDINGLY
Mallette Westbrook
Building and Zoning Administrator
E)(4*1b; t
t r
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ilk,
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Z O K EF 4R~
- 0CITY OF OKEECHOBEE
V M j 011 11:\1.1. ;iii ti. 1?. T1I1101 AVEN(T 8131717G3,3372 ()f{ 763-3667
ha'll(Ilif:h:, F1.1)IiIUA 3:1.17'%
tkh 333333 11 ! F'rc.tih Wulrr Ltr/;~irl lht' Urritecl Slule:ti
NOTICE TO CUT AND REMOVE EXCESS
GROWTH OF WEEDS & PLANTS
DATE: August 16, 1984
ATTENTION: PEC Enterprises FIFTEEN (15) DAYS TO COMPLY
208 N.E. 3rd Street
Okeechobee, Fla. 33472
YOU ARE HEREBY NOTIFIED, That the following described real propertyl
in violation of Chapter 11, Section 11-3 of the code of ordiances of:
the City of Okeechobee, Florida, because of excessive growth of weeds;
bushes, or other noxious plants, to-wit:
Lot 5, Block 27, Northwest Addition
IF YOU FAIL TO COMPLY with this notice the City of Okeechobee will
cause said excessive weeds, bushes, or other noxious plants to be cut'
and to be removed from said premises and the cost thereof will be as-'
sessed against the property which said weeds are growing or located,on.
Chapter 11 Sec. 11-3 and 11-4 Code of Ordinances City of Okeechobee
GOVERN YOURSELF ACCORDINGLY
/ L
Mallette Westbrook
Code Enforcement Officer ;
Ij
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EA b IlIf g
9
..V ...,„1S-LATWENT
City of Okeechobee .
OKEECHOBEE, FLORIDA 33472
November 13, 1984 lq_
PEC Enterprises
% Darrell Ferneau
824 S.E. 8th Street Okeechobee, Fla. 33472
1h 7) 1n
ti's 3.
-114
e
?iii 1 ~ 11
11
coo
824 CE 8th Street
Okeechobee, FL 33472
November 29, 1984
Mr. Mal lette Westbrook
Cade Enforcement Officer
City Hall 55 SE Third Avenue
Okeechobee, FL 3472
Dear Mr. Westbrook:
This letter is in reference to the notices of possible
violations on said Lot= 17 18, Block 24, NW Addition
(March , 1984) and Lot 5, Block 27, NW Addition (August
16, 1'= 4:> .
As the representative for P.E.C. Enterprises, it is my
concern that we were not given the right to appeal your
decision that our lots were in violation of Chapter I i }
Section 11-3 of the Code of Or'di a.nces of the city of
Okeechobee, Florida.
After researching City Ordinance No. 430 (adopted March 24,
1981) Section I I , APPLICABILITY, I am now aware that the
Code Enforcement Board of Okeechobee shall enforce and have
jurisdiction over C'hapter II, Health & Sanitation.
Futhermore, it i my opinion, after reading the Code of
Ordinances of the City of Okeechobee, Florida, (adopted
April 13, 1' 82) , Articles I I , OFFENSIVE CONDITIONS ON
PRIVATE PROPERTY, SECTION 9-14f'P-20 is applicable and
governs this situation.
Therefore, in all fairness, P.E.C. Enterprises abjects to
paying the statement of $75.00 send to ,
_ me on Nov rmber• 15,
1~,.=_,4.
Your notices should have made
reference to the updated
codes, stating our right for an appeal.
Please for'war'd any further' correspondences so that i
can handle any future concerns/questions.
LQ ll Ferneau
F.E.C. Representative
P to
D
-Q- O K f ~:'+nn+
CITY OF OKEECHOBEE
V ;1*1 CITY IW.i, 55 S. E. THIRD AVFN[;E 813/763-3372 oR 763-3667
44 r-.
UKEECHUIiEE, E''LURIUA 33472
t
h0 RK,0s~`.. Home of The Second Largest Fresh Water Lake in the United States
NOTICE TO CUT AND REMOVE EXCESS
GROWTH OF WEEDS & PLANTS
DATE: December 14, 1984
ATTENTION:- PEC Enterprises FIFTEEN (15) DAYS TO COMPLY
% Darrell Ferneau
824 S.E. 8th Street
Okeechobee, Fla. 33472
YOU ARE HEREBY NOTIFIED, That the following described real property is
in violation of Chapter 11, Section 11-3 of the code of ordiances of
the City of Okeechobee, Florida, because of excessive growth of weeds,
bushes, or other noxious plants, to-wit:
Lot 5, Block 27, Northwest Addition
IF YOU FAIL TO COMPLY with this notice the City of Okeechobee will
cause said excessive weeds, bushes, or other noxious plants to be cut
and to be removed from said premises and the cost thereof will be as-
sessed against the property which said weeds are growing or located on.
Chapter 11 Sec. 11-3 and 11-4 Code of Ordinances City of Okeechobee
GOVERN YOURSELF ACCORDINGLY
Mallette Westbrook
Code Enforcement Officer
A A
Etk, 6%1+ E
NOTICE TO OWNER
TO: PEC Enterprises % Darrell Fer_neau 824 S.E. 8th Street, Okeechobee, Fla. 33472
(owner's name and address)
The undersigned hereby informs you that he has furnished or is furnishing
services or materials as follows:
Mowing of grass and weeds on overgrown lots.
(General description of services or materials)
on the following described real property: Lot 5, Block 27, Northwest Addition &
Lots 17 & 18, Block 24, North west Addition
(Property description)
CITY OF OKEECHOBEE
Agent
IMPORTANT INFORMATION ABOUT CITY OF OKEECHOBEE CODE
CHAPTER 9, ARTICLE II FOR PROPERTY OWNERS
In order that you may better understand why you are receiving the attached
"Notice to Owner", the following is offered:
Chapter 9, Article II, of the City Code requires property owners to keep
their premises free of trash, weeds, and other debris.` On a finding that
conditions exist on a lot or parcel not in accordance with the require-
ments of the Ordinancem, the owner(s) is notified and has fifteen (15)
days in which to correct the conditions on the property. If the condition
is not corrected within fifteen (15) days after notification, the city
may have the work done and charge the cost, thereof, to the property owner(s).
If the charges remain unpaid, a lien may be filed against the property and
recorded in the public records of Okeechobee County with the Clerk of the
Circuit Court.
We hope this information will be helpful.
Exk bt+ "F"
Darrell E. Ferneau
824 S. E. 8th Street
Okeechobee, Florida 33474'x',
December 27, 1984
Mr. Mallette Westbrook
Code Enforcement Office
City Hall 55 S.E. 3rd Ave.
Okeechobee, Florida 33474
Re: NOTICE OF APPEAL
Dear Mr. Westbrook:
This letter is in response to the notice of possible violation
on Lot 5, Block 279 Northwest Addition sent to me on December 14, 1984.
I am enclosing a copy of my letter of November 290 1984, in
which I am still contending that CHAPTER 9, ARTICLE II, OFFENSIVE
CONDITIONS ON PRIVATE PROPERTY, Section 9-14/9-20 of the Code
of Ordinances o the My of Okeechobee, Florida, is applicable
and governs this situation.
Cha ter 11, Section 11-4 Code of Ordinances of the City of
0 eec obee, Florida, that the notice cites, gives the Code En-
forcement Officer no legitimate authority to notify me. Quite
frankly, it is my position that the notice of December 14, 1984,
is an inappropriate notice.
A copy of the "NOTICE TO CUT AND REMOVE EXCESS GROWTH OF WEEDS
& PLANTS" dated December T47, 194,-is attached. According to
Pursuant to CHAPTER 99 ARTICLE II, Section 9-16 'of the Code of
Ordinances of the City of Okeechobee, Florida, I am appealing
your notice of December 14, 1984 to the Code Enforcement Board.
Accept this letter as my NOTICE OF APPEAL.
Please notify me of the time and place of the Code Enforcement
Board meeting, at which time I would like to be heard.
Eikl blt
%I G it
December 279 1984
2
Z respectfully request-that in the future.proper notices will
IU `served, citing--the `,proper codes which,- governs z.this_ .situation.
Usage of the proper codes will also give the cited party the
opportunity to become cognizant of the right to appeal.
I trust we can resolve this for.the ultimate good of the city
and the betterment of the community.
c erely
Darrell Ferneau
P.E.C. Representative
DEFAJ
Enclosure: As stated.
Attachment: As stated.
cc: Dr. Edward Douglas, Mayor
Mr. Richard C. Fellows, City Administrator
Mr. David Conlon, City Attorney
Mr. Lloyd Jeffers, Chr. Code Enforcement Board
x
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272 Pa1564
CrAZN Of LM '
E108 FOR RECORD \
rI
OKE FF ~pUWTY
gars or rlorida Iii OCT -g M 11= 12
~T~104`
C0"B's or ok.~~ OLOR14 J. FORD
C1rr or 0 eechob- pF fEt',..' :O!!"
Before ■e, the undwsigned rotary puWic• personally appoWd
Louts lraith f+a~ey
who w duly sworn and says that he is the agent of the ileoor,
sS S.E. 3rd Avenue
the cigr of Okeechobee, ,iws. address is
Okeechobee, norida 33171 , rod that in aooardanoe Math
Chapter g, Article Ii, Okeechobee City Code, llenor furnished
Noring overgrown
layer, Sias, or aaterialB Consisting of
grass i Moods an the following described real
property in Okeechobee County, rlorida,
Lot 5, Block 27, NorthMest Addition
And
Lots 17 i 18, clock 21, North Mast Addition
by PEC Enterprises of a total value of
75.00 , of which there reams unpaid S 75.00 ,
S
and furnished the itsor an 12-18-81 , 19 , and that
the lionor served his notice to owner an 1? 1e-BI ,
19 84 , bq Certified Nail
* .
a l~t1n tp .wad nabscribed bef-
r We thls.~ iea day of October ,19 SS
. .ot•ry pwblic _
p~Ijrwrrc ear Or fWft At Lop
wOansr~iow [aaaeslob. ft ISO
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CZTP or osssCBOess
Signatu42~ n
~~3111~gen=
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