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Brantley, Marvin - Case #04-019 - Satisfied SA TISF ACTION OF LIEN This is to certify that the claim of lien in the sum of eleven thousand six hundred seventy five dollars ($ 11.675.00 ) filed by and on behalf of the Code Enforcement Board, Okeechobee, Florida, on March 3 , 20 04 , and recorded in Book 525 , Page 274 , of the public records of Okeechobee County, Florida against the following described real property: Marvin W. Brantley, Case #04-019 1811 S. Parrott Avenue Parcel #2-28-37-35-0AOO-00022-0000 Parcel #2-28-37-35-0AOO-00018-0000 Parcel #2-28-37-35-0AOO-00019-AOOO 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 real property, and consents that the same be discharged of record. CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA 1111111111111111I11111111I1111111111/11111 illlI/1I11 IIII 1111 lhad FILE NUM 2007015393 OR BK 00643 PG 0243 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECOROED 11/20/2007 10=04: 0 AM RECORDING FEES 10.00 RECORDED BY G Mewbourn "9 l)24.~:; (1 p ~I ) ATTEST: ~ i a CA~d;~tJ Recording Se etary STATE OF FLORIDA COUNTY OF OKEECHOBEE CITY OF OKEECHOBEE PE~ appeared before me the undersigned authority, mCLc.k lD~ and~ tvv1 , well known to me and known by me to be the Chairman of the oard 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. ~'~*\ri:."", KIM BARNES l:~'IA:~;~ MY COMMISSION # DD 313417 ~'~:~"l EXPIRES: April 25, 2008 ""~Rf.:~'f..'" BondedThru Notary Public Underwrtters \'Sm dayof 0o~ ,2001. ~Jn\ 6~ Notary Public My Commission Expires: WITNESS my hand and official seal this Please return to: City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 .... .. I IUIII 1111111111 11111 111m 1110 1110 ~III 11111 6111111 FILE ~ 2004003814 OR BK 00525 PG 0274 DA'TE: 0310312004 02:57:i4 I 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, 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. ,. .. OR BK 00525.PG 0275 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: Parcel #2-28-37-35-0AOO-00022-0000 Parcel #2-28-37-3 5-0AOO-000 18-0000 Parcel #2-28-37-35-0AOO-00019-AOOO 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 ofChp. 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: .. -. AGREED AND ORDERED this 10th CITY OF OKEECHOBEE, Petitioner OR BK 00525.PG 0276 day of February Marvin W. Brantley CODE ENFORCEMENT BOARD City of Okeechobee, Florida ~~'" Code E orcement Officer 7h,~ Chairperson ~ ATTEST: ~~A< Recording Secretary ,20~. Respondent SWORN TO AND SUBSCRIBED before me this I ()I1L day of 1-~. a'l 20~. llcaM4~ &v~H OTAtYPUBLIC My Commission expires #''a'''''' Nancy Sue C""-topher *Ir * My Commission CC8270402 \';,,~ Expires April 13, 2004 -� Dy -019 -6-t-arkec1 a/ht,t acia,� l � vct; i ` ex(' of e.nds qJ6/i 16d 10d57(1,z7 45-0 `i I --(30 n'l iorti — 31 Tine_ -Z0 4111v _al 19 Cr xaS J( 0 -3/ - Nva 3-6 .6 Lc. - 3/ i/ a,r=31 a `'as = ."� 5-50 ! i ®©®D-5- Aida,• - a5--" • Code Violation Report r;yDate: / - 2,9 Number: .. - Name: M/ -RPM.) W 6f /WTL 7 Phone: Location: /8// S, P9ie TT AV /90C S. PryRROTT Ave - Address: PO, &2X 10C / CCK EE C/-10 8CE r L 3i197// Lot(s): Block: Section: LI AJ/2L,4/TED Parcel# -28`37-35 - O/ O0 - 0002- - 0000 2-2--37- -- o11 -bo -- GcDo/f --OO©c Z-ZS-37-35-0/Teo - c>00/9 Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles //'' X Public Nuisance ,%VC �D©&� T /y5& � y �' G CE.c,' 3o 40 i2 ju yvf s44 -1_,C A a4SG u ff 6y -A.c, Other: ceEGT/o /J O'/ cc N u e /�v�, cv i , a n ' R)fi14 u L' dieigld S' 'yam Notice of Violation: niie l4a.nd l Received: //a /oz Reinspected: (71/`J Status: (1(rL Urn pbeci Reinspected: Status: Reinspected: Status: Notice of Hearing: Mailadft aryl Le( ;Verd Received: Reinspected: Status: Compliance Date: Code Enforcement Board Action: City of Okeechobee CODE ENFORCEMENT BOARD NOTICE OF VIOLATION 1/29/2004 MARVIN W. BRANTLEY P.O. BOX 1051 OKEECHOBEE, FL 34973 RE: PARCEL# 22837350A00000180000, PARCEL# 22837350A0000019A000 AND PARCEL# 22837350A00000220000 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 1811 AND 1905 S PARROTT AVENUE NATURE OF VIOLATION: Ch.30 Sec. 30-40 Junk CORRECTIVE ACTION REQUIRED: FENCE DOES NOT COMPLY WITH CITY CODE. THE JUNK SHALL BE OBSCURED BY AN OPAQUE FENCE, WITH A MINIMUM HEIGHT OF EIGHT (8) FEET. 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. Sammy Hancock Code Enforcement Officer 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee CASE # 04-014, #04-015, # 04-016 #04-017 # 04-018, # 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. 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. 04-019 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. 30-40 Junk 2. Location/address where violation exists: 1811 AND 1905 S PARROTT AVENUE 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: FENCE DOES NOT COMPLY WITH CITY CODE. THE JUNK SHALL BE OBSCURED BY AN OPAQUE FENCE, WITH A MINIMUM HEIGHT OF EIGHT (8) FEET. 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 (4 bt day of f e-b'C U CL( , 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 # 04-014, 04-015, 04-016. 04-017 Marvin Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. o Date Received by 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 Citi of Okeechobee CASE # 04-014, 04-015, 04-016 04-017 04-118 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. -77-o 9 Witness: Date 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 JAN inn l,1tCl,U11 I.UUKl Ur lt1C, 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 6L2 -e JOHN R..000K Attorney for Plaintiff -805 SW PARK STREET Okeechobee, FL 34972 (863) 46.7-0297 Fla. Bar No. 262951 IN THh CIRCUIT LUUx1 Ur' 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. SHARON ROBERTSON Clerk of Court BY: D.C. 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: COUNTI 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 plaintiff to 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.R. 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 thisck 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 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: PAID CASH: CASH RETURNED: TOTAL PAID: $70.50 $100.00 $29.50 $70.50 REC BY:GAIL DEPUTY CLERK www.clerk.co.okeechobee.fl.us