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Brantley, Marvin - Case #04-014 - SatisfiedILJAN. 8. 2008 9:54AM CASSELS & McCALL 863-763-1031 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. 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. PARISH, LLC; BESSIE O. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all known or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive of deceased. Defendant NO.5142 P. 2/3 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY FLORIDA CASE NO: 2004 -CA -309 SATISFACTION OF JUDGMENT/RELEASE THE PLAINTIFF IN THIS CAUSE, the City of Okeechobee, Florida, by and through its authorized representative, files this satisfaction and release of judgment in the cause, and states: 1. THAT this document is executed by JAMES KIRK as mayor of the City of Okeechobee, Florida, and the authorized representative for the municipal corporation pursuant to the charter for the City of Okeechobee. 2. THAT the Final Judgment entered in this cause by the court on the 1 g day of July, 2005, and found at O.R. Book 52., Pages 71-79, Public Records of Okeechobee County, Florida, is paid and satisfied [4292-75274.WPD] .k JAN. 8.2008 9:54AM CASSELS & McCALL 863-763-1031 Na 5142 P. 3/3 in full. Accordingly, the plaintiff hereby releases defendant, MARvrN W BRANTLEY a/k/a MARVIN BRANTLEY, as well as all defendants from the operation of said final judgment and liens therein against all real and personal property of any defendant. 3. THAT the Order on Review entered in this cause by the court on the 20th day of July, 2004, and found at O.R. Book 539, Pages 457-458; the Order on Review entered in this cause by the court on the 17th day of June, 2004, and found at O.R. Book 539, Pages 455-456; and the Order on Review entered in this cause by the court on the 18th day of May, 2004, and found at O.R. Book 539, Pages 453-454, all Public Records of Okeechobee County, Florida, are paid and satisfied in full. DATED this "7 day of January, 2008. LANE OAMIO City Clerk [4292.75274.WPDl { JAM 'ES KIRK, Mayor SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 312 NORTHWEST 3RD STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.0239 DATE:11/20/2007 TIME:10:04:10 AM RECEIPT:138150 CITY OF OKEECHOBEE ITEM -01 SAT 10:04:10 AM FILE:2007015388 BK/PG:0643/0238 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -02 SAT 10:04:10 AM FILE:2007015389 BK/PG:0643/0239 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -03 SAT 10:04:10 AM FILE:2007015390 BK/PG:0643/0240 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -04 SAT 10:04:10 AM FILE:2007015391 BK/PG:0643/0241 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -05 SAT 10:04:10 AM FILE:2007015392 BK/PG:0643/0242 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -06 SAT 10:04:10 AM FILE:2007015393 BK/PG:0643/0243 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -07 SAT 10:04:10 AM FILE:2007015394 BK/PG:0643/0244 RECORDING FEE 10.00 POSTAGE 0.50 Sub. Total 10.50 AMOUNT DUE: $70.50 PAID CASH: $100.00 CASH RETURNED: $29.50 TOTAL PAID: $70.50 REC BY:GAIL DEPUTY CLERK Citi of Okeechobee November 15, 2007 Mr. Mack Worley, Jr. 110 NW 5th Street Okeechobee, Florida 34972 Re: Marvin Brantley Liens Dear 4 ^ orley: This letter shall serve as confirmation that the City of Okeechobee received the sum of $68,776.33 on September 3, 2007, from Cassels and McCall and said funds were deposited into the City's account. These funds represent payment for Marvin Brantley's Code Enforcement Liens in regards to Case Number 2004-309 CA. Therefore, as Chairman of the Code Enforcement Board, you may execute the Release of Liens on Mr. Brantley's property. If you should need any additional information, or if I can be of any further assistance, please feel free to contact me. India Riedel 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 SA TISF ACTION OF LIEN This is to certify that the claim of lien in the sum of two thousand seven hundred & fifty dollars ($ 2.750.00 ) filed by and on behalf of the Code Enforcement Board, Okeechobee, Florida, on March 3 , 20 04 , and recorded in Book 525 , Page 259 , of the public records of Okeechobee County, Florida against the following: Marvin W. Brantley, Case #04-014 Pontoon Boat docked in Taylor Creek. Has been satisfied by payment of amount of lien, on September 19 , 20~, in that said payment has been received by the City of Okeechobee, and that the undersigned is authorized to and does hereby release its lien as to the whole of the above described property, and consents that the same be discharged of record. 1111I11111111111I1111I111I111111111111111111I111111111111111 CODE ENFORCEMENT BOARD OF THE CITY OF OKEE9IO EE, FRIDA /Vt4.,d~ FILE NUM 2007015388 OR BK 00643 PG 0238 SHARON ROBERTSON, CLERK OF CIRCUIT COURT UKEECHOBEE COUNTY, FL RECORDED 11/20/2007 10=04=10 AM RECORDING FEES 10.00 !;:EC{)fi:OED WI' G r1i~wbou!'n i':'s 023B; ( 1 P 9 ) ATTEST: ~il. (y~ . Recording Secr tary STATE OF FLORIDA COUNTY OF OKEECHOBEE CITY OF OKEECHOBEE PE~ONALL Y appeared before me the undersigned authority,J'YlQ c.t. Worl~ and Sue.. 1\ r) 5 to ph er , well known to me and known by me to be the Chairman of e Board and Recording Secretary, respectively, of the CODE ENFORCEMENT BOARD, and acknowledged before me that they executed the foregoing instrument on behalf of the CODE ENFORCEMENT BOARD, as its true act and deed, and that they were duly authorized to do so. WITNESS my hand and official seal this l5t:.l\ day of l'lOW.Kv.lJ.R/l hlJYY\ ~QAJ\~ , 20 Qi. ~";:;;"~"'"'''' KIM BARNES {.'if'ib.';~ MY COMMISSION It 00 313417 ~'~cij EXPIRES: April 25, 2008 'l;iif.:r.> . Bonded Thru Notary PuIJIIc UndIIwtttors Notary Public My Commission Expires: Please return to: City ofOkeechobee, 55 SE 3rd Avenue, Okeechobee, FL 34974 111111111111111111111111111111111111111111111111111111111111 FILE ~ 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 CITY OF OKEECHOBEE, Petitioner, -vs- Respondent. Marvin W. Brantley I ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 20~ 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. .J 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 ofChp. 30 Sec. 30-38 Protection of Taylor Creek. C. ORDER: The Code Enforcement Board, City ofOkeechobee, 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 0261 AGREED AND ORDERED this 10th day of February ,20..QL... CITY OF OKEECHOBEE, Petitioner Marvin W. Brantley Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida cf~jJ~ Code Enforcement Officer ~~~ ATTEST: Oi~ ~_,A_/~ / .~. ~A..... ./ Recording Secretary SWORN TO AND SUBSCRIBED before me this /3* day of f. eJ itA (l '~J~ 20J21. ~ / rJ~ 'tt-1U..~1 ~. J V . 1 N TARy'PUBLIC My Commission expires ~ NMoySueQl........ *....* attCommiu/on CC827Q ~..~ ExpIres April 13.2004 Citi of Okeechobee CASE # 4-015 016, 04-017, 04-118, 04-119, 04-020 Marvin Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Witness: Date 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee CODE ENFORCEMENT BOARD NOTICE OF VIOLATION 1/28/2004 MARVIN W. BRANTLEY P.O. BOX 1051 OKEECHOBEE, FL 34973 RE: BOAT DOCKED IN TAYLOR CREEK PARCEL # A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: TAYLOR CREEK NATURE OF VIOLATION: Ch. 30 Sec 30-38 Protection of Taylor Creek CORRECTIVE ACTION REQUIRED: REMOVE PONTOON BOAT (BOAT #1) FROM TAYLOR CREEK THAT IS DOCKED WITHOUT CONSENT OF LAND OWNER. The corrective action outlined should be taken within five (5) working days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board at their next scheduled meeting. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the board meeting. If you have any questions regarding this notice, please contact me at 863-357-1971. Sincerely, vyuc Sammy Hancock Code Enforcement Officer 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 Code Violation Report Date: l - z8 - Q ti Number: OL/ _ n / q, Name: / fA K I//A,/ W 0 eRf /)TL r Phone: Location: /A Y Ark cEE.k C�i 6M IFS Address: r a 80)(' /Cc/ CVEE C- JREE,/.. Lot(s): Block: Section: Parcel # - 1434 ttoJc 4 4.00 n m y pin bbr) be Disabled Vehicles h ' b (QxnQgyred bn Li , Untended Vegetation General Cleaning URV/iti/t-AJC Aie) irca Abandoned Property/Vehicles SEC 30 - -- y c &'9T cv'Ac' Coiti.c.t cal i� Public Nuisance 4074 (r: -,id p i , Other: 804-7 f Sa 6 Pt c 744k R f d Qd y'erec1 Notice of Violation: �q Received: //01- 9/0 Status: flat CO m F ); Reinspected: Reinspected: aQ Status: CU «l) Reinspected: Status: Notice of Hearing: Mailed:- -rid Lai:da eceived: a/40 Reinspected: Status: Compliance Date: Code Enforcement Board Action: City of Okeechobee CASE #04-015. 04-016, #04-017, # 04-018, #04-019 # 04-020 Marvin W. Brantley PO Box 1051 Okeechobee, FL 34973 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. /-21—(25 Witness Date Received by 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- CASE NO. 04-014 Respondent. MARVIN W. BRANTLEY / STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162, & section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Ch. 30 Sec 30-38 Protection of Taylor Creek 2. Location/address where violation exists: TAYLOR CREEK 3. Name and address of owner/person in charge of location where violation exists: MARVIN W. BRANTLEY ; P.O. BOX 1051; OKEECHOBEE, FL 34973 4. Description of violation: REMOVE PONTOON BOAT (BOAT #1) FROM TAYLOR CREEK THAT IS DOCKED WITHOUT CONSENT OF LAND OWNER, 5. Date violation first observed: 1/28/2004 6. Date on/by which violation to be corrected: 2/10/2004 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector at 863-357-1971 to verify compliance, NOTICE IS HEREBY GIVEN that the alleged violation(s) will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 10th day of February , 2004 , at 7:00 p.m. If the violation is corrected and then recurs, the case shall be presented to the CODE ENFORCEMENT BOARD even if the violation has been corrected prior to the BOARD hearing. You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, shall make findings of fact as are supported by the evidence, and shall issue appropriate orders as necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent (s). It is your obligation to insure that an accurate record of the proceedings is taken for an appeal. DATED THIS day of t'eYu_cxy , 2004. CODE ENFORCEMENT BOARD / 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 357-1971 Signature of Code Inspector Keith Tomey Typed/printed name of Code Inspector Citi of Okeechobee CASE # 04-015 -016, 04-017, 04-118,04-119, 04-020 Marvin Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Date Witnesscp&A-A-1 0-0A-A---i-erc-A-,,, *ie±by 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- CASE NO. 04-00014 Respondent. MARVIN W. BRANTLEY STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162, & section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, being first duly swom, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Ch. 30 Sec 30-38 Protection of Taylor Creek 2. Location/address where violation exists: TAYLOR CREEK 3. Name and address of owner/person in charge of location where violation exists: MARVIN W. BRANTLEY; P.O. BOX 1051 OKEECHOBEE, FL 34973 4. Description of violation: REMOVE PONTOON BOAT (BOAT #1) FROM TAYLOR CREEK THAT IS DOCKED WITHOUT CONSENT OF LAND OWNER. 5. Date violation first observed: 1/28/2004 6. Date on/by which violation was corrected: 4/22/2004 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector at 863-357-1971 to verify compliance, NOTICE IS HEREBY GIVEN that the alleged violation(s) will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 11th day of May , 2004 , at 7:00 p.m. If the violation is corrected and then recurs, the case shall be presented to the CODE ENFORCEMENT BOARD even if the violation has been corrected prior to the BOARD hearing. You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, shall make findings of fact as are supported by the evidence, and shall issue appropriate orders as necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent (s). It is your obligation to insure that an accurate record of the proceedings is taken for an appeal. ' DATED THIS 3& day of ( , 2004 CODE ENFORCEMENT BOARD 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 357-1971 Sammy Hancock Code Enforcment Officer Citi of Okeechobee CASE # 04-014 Marvin W. Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. q/11-1 Date Recipients Sigfia ,c,"}„ta-cti / Witness Printed Name 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 Citi of Okeechobee CASE # 04-014 Marvin W. Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Date Recipients Signature Printed Name. 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 &ate ;(-) for areeR fon 00 c e.tie.,4,rotirc( ______rr:nLf_cti_ #Ay 6t1 1 ' /d ) 49 a_611 co c-+ — /11;/) cday cacti ends po-r,od en /144-y,R7, .2604G — 4 ,i w d .2q -F1 -fly s rc e_crivd Ar .9 -/_? /d q <Mr ut. Lf/ /0i ;Q - Feb 31 - march 1 I _ALL 65 - cb € d ys ZB SITE DEVELOPMENT, INC. MICHELLE H. BAUGHMAN, President PHILIP J. BAUGHMAN, Vice President May 11, 2004 City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Fl. 34972 Ref: Boat Removal Loc: Taylor Creek To whom this may concern: SPECIALIZING IN LANDFILL CELL CONSTRUCTION COMPLETE SITE PREPARATIONS SEPTIC TANK INSTALLATIONS AND REPAIRS EXCAVATING & LANDCLEARING HAULING SHELL, FILL DIRT, SAND. TOPSOIL & ROCK 1505-C SOUTH PARROTT AVE. OKEECHOBEE, FL 34974 941-763-6053 FAX 941-763-4948 B&B Site Development, Inc. agrees to furnish all necessary labor and equipment to remove Two boats from the Taylor Creek canal. Stipulations to this quote are as follows: 1. All work to be done, will be done so from the bank adjacent to the boats. 2. Partial bank clearing will be required 3. The land that the boats are adjacent to, will be used as a staging area for the demolition operation. Total for the above mentioned based on the stipulations stated $32,000.00 Respectfully submitted, a4P Philip J. a LET TRUCKING INC. April 29, 2004 Fa : 1-941-35'-5713 Apr 29 '04 15:40 P.01 PROPOSAL Proposal Submitted To: City of Okee:-hobee Samrny Hancock 55 SE Third Avenue Okeechobee. FL 34974 Proposal Submitted By: Sweat Trucking & Paving P.O. Box 1908 Okeechobee, FL 34972 We hereby propose to furnish the materials and p; rform the labor necessary for the completion of Extracting of two immobile boats from Taylor Creek located in Okeechobee County. The price will be $6,000.00 per boat. Total $12.000.00 til nerial is guaranteed to be as specified, and the above work will be performed in a svbstanttial workmanlike manner with payment due upon completion. Fhis proposal is good for thirty days from the date shown above. After this date, a new proposal must be submitted. Respectfully Submitted, James Sweat Approval of Proposal SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 304 NORTHWEST 2ND STREET, ROOM 101 OKEECHOBEE, FL 34972 863.763.0239 DATE:03/03/2004 TIME:02:57:14 PM RECEIPT:67300 CITY OF OKEECHOBEE ITEM -01 ORD 02:57:14 PM FILE:2004003809 BK/PG:0525/0259 RECORDING FEE 15.00 Sub. Total 15.00 111 ITEM -02 ORD 02:57:14 PM FILE:2004003810 BK/PG:0525/0262 jl RECORDING FEE 15.00 Sub. Total 15.00 ITEM -03 ORD 02:57:14 PM FILE:2004003811 BK/PG:0525/0265 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -04 ORD 02:57:14 PM FILE:2004003812 BK/PG:0525/0268 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -05 ORD 02:57:14 PM FILE:2004003813 BK/PG:0525/0271 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -06 ORD 02:57:14 PM FILE:2004003814 BK/PG:0525/0274 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -07 ORD 02:57:14 PM FILE:2004003815 BK/PG:0525/0277 RECORDING FEE 15.00 / Sub. Total 15.00 ITEM -08 SAT 02:57:14 PM FILE:2004003816 BK/PG:0525/0280 RECORDING FEE 6.00 Sub. Total 6.00 ITEM -09 ORD 02:57:14 PM FILE:2004003817 BK/PG:0525/0281 RECORDING FEE 10.50 Sub. Total 10.50 AMOUNT DUE: $121.50 PAID CHECK: $121.50 Check #:012758 TOTAL PAID: $121.50 REC BY:NIKI DEPUTY CLERK $121.50 frarti SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 304 NORTHWEST 2ND STREET, ROOM 101 OKEECHOBEE, FL 34972 863.763.0239 DATE:08/06/2004 TIME:02:51:43 PM RECEIPT:76773 CITY OF OKEECHOBEE ITEM -01 LN 02:51:43 PM FILE:2004014325 BK/PG:0539/0451 RECORDING FEE 18.50 Sub. Total 18.50 ITEM -02 LN 02:51:43 PM FILE:2004014326 BK/PG:0539/0453 RECORDING FEE 18.50 Sub. Total 18.50 ITEM -03 LN 02:51:43 PM FILE:2004014327 BK/PG:0539/0455 RECORDING FEE 18.50 Sub. Total 18.50 ITEM -04 LN 02:51:43 PM FILE:2004014328 BK/PG:0539/0457 RECORDING FEE 18.50 Sub. Total 18.50 AMOUNT DUE: PAID CASH: TOTAL PAID: REC BY:NIKI DEPUTY CLERK $74.00 $74.00 $74.00 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. IN THE CIRCUIT COURT OF NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; and BANK OF AMERICA N.A. as successor in interest to BARNETT BANK OF LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE O. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; BANK OF AMERICA, N.A. and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants whether alive or deceased, Defendants. PLAINTIFF'S INITIAL COMPLAINT COMES NOW the Plaintiff in this action, the City of Okeechobee, Florida, through its authority as a municipal corporation organized under the laws of the state of Florida, by and through undersigned counsel, and files this Complaint against the named Defendant (s), MARVIN W. BRANTLEY, et.al. and states the following cause of action, to -wit: COUNT I 1. This is an action to foreclose a statutory lien pursuant to chapter 162, Florida Statutes, assessed against real property located within Okeechobee County, Florida, described as set out in the lien hereto: Under parcel identification numbers 2-28-37-35-0A00-00018-0000; AND 2 -28 -37 -35 -0A00- 00019 -A000; AND 2-28-37-35-0A00-00022-0000, all as recorded in the Public Records, Okeechobee County, Florida, all of which lands are located within the municipal boundaries of the City of Okeechobee, Florida, and which are more particularly described as follows: a. Parcel i.d. # 2 -28 -37 -35 -0A00 -00019-A000 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 Parrott 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 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 point of beginning; And also 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 a point of beginning; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet, and thence south 157.50 feet to the point of beginning, being located in section 28, township 37 south range 35 east, Okeechobee County, Florida. c.. Parcel i.d. # 2-28-37-35-0A00-00018-0000 Beginning at a point 300 feet south to 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 feet; then run west a distance of 361 feet, more or less to the east boundary of Parrott avenue (SR 15); then run north along the east boundary of Parrott avenue (SR 15) a distance of 100 feet, then run east a distance of 361 feet, more or less, to the point of beginning, lying in and being in Okeechobee County, Florida. 2. That the Defendant MARVIN W. BRANTLEY took title to the subject property on or about the date set forth in the deed at O.R. Book 446, Page 0944; and O.R. Book 446 page 0946; and O.R. Book 446 page 0984; and all in the public records, Okeechobee County, Florida, a copy of which is attached hereto as Plaintiff's exhibit "A", and incorporated herein by reference. 3. That the City of Okeechobee, Florida, through the appointment of a code board, is authorized by chapter 162, Florida Statutes, to enforce municipal code violations within the municipal boundaries of the City. 4. That the defendant MARVIN BRANTLEY was cited for certain code violations occurring in navigable waterways within the City of Okeechobee, and on the described real property, on February 10, 2004, and as a repeat violator, received a lawful citation and notice from the City to appear before the code enforcement board for the City of Okeechobee, Florida. (composite exhibit «B») 5. That the code board for the City of Okeechobee, Florida, at a regularly called and duly advertised meeting, heard and considered the alleged code violations on defendants property at the meeting of February 10, 2004. The violations were divided into separate allegations, with each violation citing the appropriate city ordinance affected, as follows: a. In case #04-014, the defendant was cited for illegally mooring a vessel in the navigable waterways of Taylor Creek within the City. b. In case #04-015,. the defendant was cited for illegally mooring another vessel in the navigable waterways of Taylor Creek within the City. c. In case #-4-016, the defendant was cited for illegally mooring another vessel in the navigable waterways of Taylor Creek within the City. d. In case #04-017, the defendant was cited for failure to maintain unobstructed fire lanes on the described real property within the City. e. In case #04-018, the defendant was cited for overgrowth and grass on the described real property within the City. f. In case #04-019, the defendant was cited for failure to permit and erect a fence on his real property to obscure his junk yard within the City. g. In case #04-020, the defendant was cited for failure to maintain proper set -backs from Hwy. 441 South on his real property within the City. 6. At the conclusion of the hearing, the code board found that the defendant had violated the City code of ordinances in each violation, and issued findings of law and fact, upholding the violations, and issuing fines against the defendant as a repeat violator, as authorized by F.S. 162.09(2)(a). The various fines were $50.00 per day in case numbers 04-014, 015, & 016, and $25.00 per day in case numbers 04-017, 018, 019, & 020. Notice of the imposition of the fine was duly sent to defendant by certified U.S. Mail; or personally delivered by the Okeechobee City Police Department; and lien duly filed in the public records of the clerk of the circuit court for Okeechobee County, Florida.; ( Composite Exhibit "C") 7. That the defendant thereafter came into compliance in certain of the violations listed hereafter, and duly notified the City, but at the time of compliance the fines had accrued in case numbers 04-014 to the sum of $2,750.00, in 04- 015 to the sum of $3,800.00, & in 04-016 to the sum of $5,350.00 as of September 30, 2004, with a total due on these violations of $11,900.00. 8. That the defendant to date has not come into compliance on the remaining violations, and the fines have accrued to September 30, 2004 in case number 04-017 to the sum of $5,825.00; in case number 04-018 to the sum of $4,925.00; in case number 04-019 to the sum of f$4,925.00; and in case number 04-020 to the sum of $4,175.00; which fines continue to accrue daily during the pendency of this lawsuit. 9. That the Plaintiffs, are permitted by the provisions of chapter 162, Florida Statutes, to file foreclosure against the lien and real property after three months from date of imposition of the lien, and three months has in fact expired by the date of filing of this petition. 10. That additional named defendants may claim an interest in the subject real property in the following respects: a. BANK OF AMERICA N.A. as successor in interest to BARNETT BANK OF LAKE OKEECHOBEE, is mortgagee on that certain document found at O.R. Book 358, page 1774, public records, Okeechobee county, Florida, as well as UCC -1 found at O.R. Book 358, page 1784, public records Okeechobee county, Florida. b. JOSEPH D. FARISH JR. LLC is party plaintiff in that certain final judgment dated April 18, 2002 and found at O.R. Book 505, Page 1627, public records, Okeechobee county, Florida. c. BESSIE O. BRANTLEY is mortgagee on that certain document found at O.R. Book 375 Page 1173, public records, Okeechobee county, Florida. d. BESSIE O. BRANTLEY & MARY ELIZABETH DRYDEN are mortgagees on that certain document found at O.R. Book 416, Page 1877, public records, Okeechobee county, Florida. e. BIG LAKE NATIONAL BANK is party plaintiffto that certain final judgment dated July 15, 1977 and found at O.R. Book 393 Page 1228, public records, Okeechobee county, Florida. f. BESSIE BRANTLEY & MARY ELIZABETH DRYDEN are assignees, at O.R. Book 422 Page 750, public records, Okeechobee county, Florida, of a certain final judgment dated October 20, 1998 from BIG LAKE NATIONAL BANK and found at O.R. Book 413 Page 309, and O.R. Book 420 Page 1719, public records, Okeechobee county, Florida. g. RAY WAKE & VERONICA WAKE are party plaintiffs of that certain final judgment dated June 11, 2000, and found at O.R. Book 441, page 392, public records, Okeechobee county, Florida. h. BANK OF AMERICA N.A. as party plaintiff to that certain final judgment dated December 2, 2003, and found at O.K. Book 518, Page 716, public records, Okeechobee county, Florida. 11. That the property subject to this action, owned by the Defendant MARVIN BRANTLEY, is not homestead property as defined in section 4, article X of the constitution of the State of Florida. 12. That the interest of the Plaintiff in said property is a lien superior in dignity to any right, title, claim, lien, or interest of all the Defendant (s) herein. 13. That the defendant has not paid the remaining liens of record, which remains a valid lien against the real property as of the time of filing of this action. 14. That Plaintiff demands the principal balance due on the liens in case numbers 04-014, 04-015, & 04-016 in the total sum of $11,900.00; and in case numbers 04-017, 04-018, 04-019, & 04-020 the total accrued daily fines up to the date of final judgment, plus any accrued interest, court costs, cost of recording and satisfaction of lien, and reasonable attorneys fees, as authorized by s. 162.10 Florida Statutes. 15. That the Plaintiff believes that there are or may be persons who are or may be interested in the subject matter of this action whose names after diligent search and inquiry are unknown to the Plaintiff. That said unknown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants by, through, under, or against the Defendant (s) herein, and therefore all of said unknown parties are made defendants in this action. That there may be other unknown parties having or claiming to have some right, title or interest in the subject matter of this suit, whose names after diligent search and inquiry are unknown to the Plaintiff; that diligent search and inquiry has been made to discover the names and residences of the unknown defendants, and the same are set forth herein as are particularly known to the Plaintiff; that their ages are unknown; that their residences are unknown, and that the Plaintiff does not know by, through, or under or against whom they may claim, nor what right, title or interest they may claim in the property set out in this complaint. 6. That pursuant to the provisions of Florida Statutes chapter 162.10, defendant is additionally liable to plaintiff for all costs of court; attorneys fees; taxes; interest from date of imposition of fines, to date of courthouse sale date. WHEREFORE, plaintiff demands judgement in foreclosure against the defendant in a sum in excess of $15,000.00, plus all costs, attorneys fees, taxes and interest thereon. COUNT II. 17. The plaintiff, JOHN R. COOK ex.rel. the CITY OF OKEECHOBEE, FLORIDA, sues the defendant MARVIN BRANTLEY, pursuant to the provisions of chapter 60, Florida statutes, in an action for abatement of nuisance and other relief, on the following grounds. 18. The allegations of paragraphs one through ten in count I are incorporated herein by reference and made a part hereof. 19. That the plaintiff is entitled, pursuant to Florida Statutes chapter 60.05, to file through its city attorney, an action for abatement of nuisance as defined in F.S. chapter 823.05. 20. That the defendant MARVIN BRANTLEY, owns, maintains or operates a commercial business at 1811 S. Parrot Avenue, on the real property described by the parcel identification numbers stated herein, with in the City of Okeechobee, Florida, which is conducted as a junkyard/salvage yard, and which has been in existence by Defendant or his predecessors for over 30 years. 21. That the City of Okeechobee, Florida enacted ordinance no. 402 on or about August 8, 1978, being a comprehensive revision of zoning and land use regulations within the City, and said ordinance stated the clear intentions of the City, and in section seven thereof, supplementary district regulations at paragraph 15, declared that junkyards would not from and after that date be a permitted use within the City of Okeechobee, and any facility then operating would thereafter be considered a non -conforming use. The stated findings of fact to support such a restriction were declared by the City to be that "...such facilities are not compatible, or in character with the future growth and development of the City, contribute to the lowering of property values in the vicinity of such facilities; and are a hazard to health and safety of citizens." Such ordinance further required, within one year of enactment of the ordinance, that any existing junkyard facility in the City erect a fence 8' in height to remove the junkyard from sight of the community. 22. That said ordinance no. 402 has since been rescinded and re -adopted in similar form by the City of Okeechobee, by enactment of Land Development Regulations under the authority of Ch. 163, Florida Statutes, in ordinance no. 716, which regulations continue the ban on junkyards within the City, and which prohibit expansion thereof as a non -conforming use. 23. That the Defendant operated the junkyard as a permitted use prior to 1978, and has continued to operate the junkyard facility continuously in the same location since 1978; and has expanded the facility in violation of city codes and ordinances, as a non -conforming use. the City of Okeechobee, Florida has, through code enforcement activities, cited and fined the defendant repeatedly for code violations at the site. The most recent enforcement action occurred when the City of Okeechobee filed an action in foreclosure against the subject parcels, in case no. 2002 -CA -188, circuit court, Okeechobee county, Florida, which resulted in a dismissal upon payment by the Defendant of accumulated fines, court costs and attorneys fees. 24. That the use of foreclosure proceedings as an enforcement devise for code enforcement violations under ch. 162, Florida Statutes, is an ineffective means of enforcement of codes and abating nuisances, as the City is limited to collection of accumulated fines, and such action does not remedy code violations, or prevent future nuisances and violations of City codes. 25. That the described premises of the Defendant were previously declared by the code enforcement board for the City of Okeechobee to in fact constitute a nuisance, at a regularly called code board meeting on October 12, 2004. 26. That the described premises of the Defendant constitute a nuisance under ch. 823.05, Florida Statutes, as the premises and their condition tend to annoy the community; injure the health of the community; or are manifestly injurious to the morals or manners of the community. 27. That the occupation, maintenance and use of the premises by the Defendant pose serious threat of damage to the community of the City of Okeechobee, including but not limited to the following incidents: a. That the defendant has failed to comply with city ordinance 402, since August 1979, to erect an 8 foot fence along the Westerly boundary of the real property to hide the premises from the view of the general public. b. That on or about early 2002, the defendant has placed sections of a non -permitted fence of unattached board fencing along the Westerly boundary of the real property, which is approximately 30 feet from the boundary of S.R. 15, a/k/a Hwy 441 South, which is unsightly, and poses a risk of injury to the public during windstorm or calamity. e. The defendant has provided no parking space for the public to visit his business, by stacking items ofjunk, refuse, automobile, motorcycle and vessel parts, broken machinery and such items within the City-imposed 50 feet set-back from S.R. 15. Such situation has caused customers to park their vehicles on the City maintained sidewalk, forcing pedestrians and electric wheelchair- bound citizens to veer from the sidewalk into the traffic lane of S.R. 15 to traverse around the junkyard. d. The defendant has refused to install and maintain 30 foot wide obstruction-free fire lanes within his junkyard, to permit emergency and fire vehicles to enter onto the property to answer calls or fight a fire, to the risk and peril of adjoining commercial property and business owners, and a nearby multi-story residential apartment complex. e. The defendant has permitted hundreds ofjunk and abandoned motor vehicle, motorcycles, farm equipment and vessels to deteriorate on the real property for the past thirty years, and permitted the discharge oils and fuels into the groundwater and adjoining Taylor Creek, a recreational and navigable body of water located within one hundred yards of the junk and petroleum discharge.. Additionally, the defendant has been arrested within the past three years by agents of the Florida Department of Environmental Protection for pollution at the subject site. f. The defendant has refused to erect a fence of opaque materials 8 feet in height, so as to shield the unsightly articles ofjunk from the public, citizens, and visitors to the City of Okeechobee. The nuisance has caused an eyesore to exist in the heart of the City of Okeechobee that is detrimental to the attraction of new commercial development and investment within the City, and which negatively affects real property values in the main commercial corridor of the City. g. The defendant has caused to be built extensions to buildings on the property designated as non -conforming use and structures, without permits or building code inspections that are unsafe and hazardous to customers and the public alike. h. That the general reputation of the defendant's business within the City of Okeechobee is that defendant intentionally places junk near and on the City and FDOT right of way to create the unsightly conditions, ostensibly to "display his wares"; continues to do so despite over a dozen code violation citations for such conduct, and intends to continue in a like manner unless and until the nuisance is abated and enjoined permanently. 28. That plaintiff believes that there is no activity that defendant may hereafter engage in on the subject real property in a more remote area of the property, or in a limited manner that would diminish the nuisance, mitigate or eliminate the harm to the health, safety and welfare of the citizens of the City of Okeechobee by virtue of the existence of this non -conforming business. 29. That the plaintiff City of Okeechobee, Florida seeks the entry of an order of court which finds the subject property of defendant to be a nuisance under F.S. ch. 823.05, and which abates and enjoins the existence of said nuisance both temporarily and permanently. 30. That plaintiff City of Okeechobee, Florida is entitled to an order assessing all costs and attorneys fees incurred in this action, against first the personal property located on the subject premises, then assessed against the real property if insufficient, pursuant to F.S. ch. 60.05(4). 31. That the court must determine whether the plaintiff City of Okeechobee, Florida must post a bond in this action to offset any claimed damages of defendant by the entry of the injunction against nuisance, pursuant to F.S. ch. 60.08, and the plaintiff City of Okeechobee specifically by this complaint or action does not intend to waive or limit its rights of sovereign immunity under the provisions of Florida Statutes chapter 768.. WHEREFORE, the plaintiff seeks order of court enjoining a nuisance; granting said injunction both temporarily and permanently; and awarding plaintiff all costs, attorneys fees in this action. SUBMITTED this o day of November , 2004. JOHN R. COOK City Attorney Attorney for Plaintiffs 805 S.W. Park Street Okeechobee, Florida 34972 (863) 467-0297 Florida Bar 262951 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, et.al. Defendants. MOTION FOR DEFAULT COMES NOW the Plaintiff, JOHN R. COOK, City Attorney, ex.rel. CITY OF OKEECHOBEE, FLORIDA; ;AND CITY OF OKEECHOBEE, FLORIDA, a municipal corporation, by and through the undersigned attorney, and move for the entry of a default by the clerk against the Defendant, MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, for failure to file any pleading required by law after service of petition in this action. I HEREBY CERTIFY a true copy hereof is furnished by US Mail this day of March, 2005 to Marvin W. Brantley, 1609 S. Parrott Ave. Okeechobee Fl. 34972 6Q-ke JOHN R. COOK Attorney for Plaintiff -805 SW PARK STREET Okeechobee, FL 34972 (863) 467-0297 Fla. Bar No. 262951 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, et.al. Defendants. DEFAULT UPON application of the plaintiff for entry of a default in this cause against defendant MARVIN W. BRANTLEY, and upon the failure of said defendant to file any answer to the complaint herein after due service of the summons issued in this cause within 20 days of such service, accordingly, a default is entered against defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY for failure to file responsive pleadings. ENTERED this day of March, 2005. 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