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Brantley, Marvin - Case #00-01-01 - Satisfied . 1111111111111111111111111111111111111111 SATISFACTION OF LIEN FILE NUl.... 4f)351 1 t.R f?J-'::' Of)5:t 9 F'G ()g;E~ 1 SHMWN fW!:.Ef\:n:;Di'~ r CLEI;:V. OF C I I;:CU I r (OUr.: I OKEECHOBEE COUNTY, FL RECORDED 12/19/2003 01=57=38 PM RECORDING FEES 6,00 RECORDED BY M Anuez This is to certifY that the claim of lien in the sum of seven thousand five-hundred dollars ($ 7.500.00 ) as agreed by the Code Enforcement Board, Okeechobee, Florida, and filed for record on Februmy 20 , 20~, and recorded in Book 0470 , Page 1427 , of the public records of Okeechobee County, Florida against the following described real property. Parcel #2-28-37-3 5-0AOOO-00 18-0000 Parcel #2-28-37-35-0AOO-00019-AOOO Parcel #2-28-37-35-0AOO-00022-0000 Has been satisfied by payment in the amount of seven thousand five-hundred dollars , on Octo ber 27 ,20 03 , in that said payment has been received by the City ofOkeechobee, and that the undersigned is authorized to and does hereby release its lien as to the whole of the above described real prope , and consents that the same be discharged of record. Dated I ~ "b O~ , 20_. CODE ENFORCEMENT BOARD OF THE CITY OF OKEECH BEE, FRIDA Iho.J" Chairperson ATTEST: _~H f~~ Recording Secret STATE OF FLORIDA COUNTY OF OKEECHOBEE CITY OF OKEECHOBEE PER~QNALL Y appeared before me the undersigned authority, Iv! a.c.K W()( I~ and ::5 iA. €-- C1I (I -5 ttJ f' heX, well known to me and known by me to be the Chairman of the 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 80 day of 0 c---\-o b if , 20 D3. i:;rptb~ dk~~lA My Commission Expires APPROVED as to form and legality ~tr~J{_(c&~ City Attorney, City of Okeechobee Please return to: City ofOkeechobee 55 SE 3rd Avenue Okeechobee, FL 33474 .-'~ NancySue~ *_,* '.tv Commihlon CCt27402 '\;""~ Expires April 13, 2004 . ["'I . t.. . I Lr 24 . q.sD R,l CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE, FLORIDA CASE NO. 00-01-01 CITY OF OKEECHOBEE, FLORIDA Petitioner, vs. MARVIN BRANTLEY Respondent. --------------------------------~ ORDER/PARTIAL SATISFACTION OF LIEN THIS CAUSE came on for public hearing before the Code Board, City of Okeechobee, Florida, February 121 2002 on after due notice to the Respondent, and the Board having heard sworn testimony and evidence on the alleged violation by witnesses, the Respondent, or the Code Enforcement officer; the Board therefore makes the following findings: Findings of Fact: 1. That the Respondent was personally served with notice of violation on December 13, 1999, claiming a violation of ordinance 711, City of Okeechobee, Florida. 2. That the Respondent has previously been served with notice of violation for the same violation for the same real property, and is thus a repeat violator as defined in Ch. 162, Florida Statutes. 3. That the Respondent operates a salvage type business at the location, and is considered a non-conforming but permitted use in the commercial district in which he operates. He has caused or allowed items defined as "Junk" or abandoned property under \"1 !", l,} 2? the ordinance to be placed in front of his business, from the sidewalk and right of way of S.R. 15 (Hwy. 441 South), for approximately thirty feet to his fence line on the West side of the property. 4. That although this board previously issued its order finding the respondent in violation and daily fine has been accruing, the board agreed by subsequent order to abate the fine due to the respondent coming into compliance at that time. 5. That although the board previously recommended that the City file a foreclosure action to collect the accrued fine, the board agreed on July 10, 2001 to stay any such proceeding so long as the respondent maintained the property in compliance with the city codes. 6. That the board finds, from photographs submitted to the board which were taken in January, 2002, that the respondent has failed to comply with his stated agreement of July 10,2001, and has permitted the property to again violate the same sections of the city code as originally cited in this action. 7. That upon request of the respondent to reduce the accrued lien, the board grants this request to the extent following: Orders of the board: The evidence presented to the Board supports the following order(s) as approved by vote of the Board: 8. That the Respondent has again violated ordinance 711 by placing junk in front of his business location at 1811 S. Hwy. 441 which leaves no room for parking; that numerous < (-; , L} 26 traffic citations and reports have been made concerning this property; and the parking of customers vehicles in the road right of way or on the sidewalk constitutes a hazard to the general public. Further, the placing of junk outside the fence of the Respondent makes it viewable by the public from road rights of way, which is prohibited by said ordinance. 9. That the lien that has accrued against the property of the Respondent, by unanimous vote of the board, is ordered to be partially satisfied and reduced by the sum of 90% of its accrued amount. As the accrued lien as of February 12, 2002 was the sum of $--_~~~!..Q-.9-.9_._~Q._, the outstanding lien is reduced to the sum of $_!~"L~j)_O_~t2Q.__. The location of the real property affected by this order and lien are parcel numbers: 2~28-3 7 -35-OAOOO-OO 18-0000 2~ 28-- 3 7 ~ 3 5-OAOO-OOO 19~AOOO 2~28--3 7 ~35-OAOM0022-0000 10. Due to the wilful failure of respondent to maintain his property in compliance with city codes, the board recommends and directs that the city attorney commence foreclosure proceedings against the above real property of respondent to collect the outstanding lien, as authorized by ch. 162, Florida Statutes. 11.. The city clerk is ordered to file and record this order with the clerk of court, in and for Okeechobee County, Florida. Q~ AGREED and ordered this J_1._ day of February, 2002. ! i i Ii 27 CODE ENFORCEMENT BOARD City of Okeechobee, Florida By: ~~~- Chairman Attest''s::5ULfJt))4Ls/~ Recording secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE THE FORGOING instrument was acknowledged before me this t/!!day of February, 2002 by -LYiat:.J!JJ)fl:l:t.t>j____ Chairman Code Enforcement Board, personally known to me, and who (Did~ n.?JY take an oath. ~----~ NOTARY PUBLIC My commission expires: ~ Nancy Sue Christopher *_,* My Commission CC927402 \;,,=, expires AprIl 13, 20CU , . :~_ .:~ c::- n ~, 365230 2'1J) p:-n ? 0 n' ~ '1. r'" !~! . "'t.O 1\1 n "'- t- F,' 'j" ':) J: I J~ I , 110 ""'! -r ,.... r.. I!' C'- t r l< 0 F C 1,,-, I i '-, '.Ad &. /500 :;~ C') " '; '::: I 584 ";"\ : ., ,',' ., ,I CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE, FLORIDA CASE NO. 00-01-01 CITY OF OKEECHOBEE, FLORIDA Petitioner, vs. MARVIN BRANTLEY Respondent. \ / C\, ,-. ORDER THIS CAUSE came on for public hearing before the Code Board, City of ..-. l~ Okeechobee, Florida, on 0CMrV a t-i I ,2000 after due notice to the Respondent, and the Board having heard sworn testimony and evidence on the alleged violation by witnesses, the Respondent, or the Code Enforcement officer; the Board therefore makes the following findings: Findings of Fact: 1. That the Respondent was personally served with notice of violation on December 13,1999, claiming a violation of ordinance 711, City ofOkeechobee, Florida. 2. That the Respondent has previously been served with notice of violation for the same violation for the same real property, and is thus a repeat violator as defined in Ch. 162, Florida Statutes. 3. That the Respondent operates a salvage type business at the location, and is considered a non~conforming but permitted use in the commercial district in which he operates. He has caused or allowed items defined as "Junk" or abandoned property under the ordinance to be placed in front of his business, from the sidewalk and right of way of S.R 15 (Hwy. 441 South), for approximately thirty feet to his fence line on the West side of the property. ,,1 .' ,.10 .' " , " , ~ n' ,,'; .*..... .'. '. ~,....... -,".! '- t'. I r- 8 5 .. J 4. That these items are in full view of the public right of way. Further, the City police department has issued approximately 19 citations for illegal parking in the right of way or on the public sidewalk in front of the business; other incident reports have been made to the department, and there is no place where the public can park safely in front of the business due to the location and nature of the junk items. Conclusions of Law: 5. That ordinance 711 prohibits the placement of junk in any zoning district which would constitute a nuisance, or hazard to public safety or welfare. Further, for non, conforming uses, the ordinance states that junk shall not be viewable from any public right of way; and such items shall be surrounded by a fence at least 8' high, with an opaque covering with a thirty foot setback. Orders of the board: The evidence presented to the Board supports the following order(s) as approved by vote of the Board: 6. That the Respondent has violated ordinance 711 by placing junk in front of his business location at 1811 S. Hwy. 441 which leaves no room for parking; that numerous traffic citations and reports have been made concerning this property; and the parking of Customers vehicles in the road right of way or on the sidewalk constitutes a hazard to the general public. Further, the placing of junk outside the fence of the Respondent makes it viewable by the public from road rights of way, which is prohibited by said ordinance. 7. That the Respondent is ordered, as repeat violator, to pay a daily fine in the sum of $500.00 per day, commencing on January 1,2000, and continuing daily in like amount until the Respondent provides proof to the City that the violation is corrected, judgment of foreclosure is entered, or by further order of the Board. ;0 ., ' ' .' . .. , , " C;~n'~"r: :~.~ \...... . I ~- 86 . ,,) , 8. The clerk for the Board is directed to file a certified copy of this order as a claim of lien in the office of the clerk of court, Okeechobee County, Florida; and once recorded, shall become a lien against the real property of the Respondent subject to this violation, and any other real or personal property owned by Respondent, pursuant to the provisions of Florida Statutes Ch. 162. The location of the real property affected by this order and lien are parcel numbers: 2~28,37 ~35,OAOOO,OO18,()()OO 2,28,37,35,OAOO,OOO19,AOOO 2,28,37 ,35~OAOO,OOO22,OOOO 9. The Respondent shall have 30 days from the order of the Code Board to appeal these findings and order by writ of certiorari to the Circuit Court, in and for Okeechobee County, Florida. AGREED and ordered this /7 day ofJanuary, 2000. "..~ .-e::=::." By: CODE ENFORCEMENT BOARD City of Okeechobee, Florida By: /VItti fAJ~/ A~ Jlc.t. Chairman Attest:" 4A.R ed..'tJ~A.) Recording secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE FIL r. p q':;~ i','i ((lfW '\ I ;: t. .1 , ,_'.1 , t / 1.- 1....Jr:~\ r L ';K; I " '" u. r- , \J L. .". '_ v 33288q UMie. 00 '~\,l 2Q PI-! I: 00 .) " CUR" ..;;V('S i C DUR T trument was acknowledged before me this dB~y of " hairman Code Enforcement Board; and o Enforcement Officer, personally known to me, and who (Did) (Did not) take an 41th. ~~C~~ NOTARY PUBLIC My commission expires: ...... SEATRICE CASTORINA ~~" Mi COMMISSION It CC 792665 ~~.....~f EXPIRES: February 24,2003 ''1.I/l';,!lIl''- Bonded Thru NOIaIy Public UIldetwriterJ 1\ '. '. , ,- . ~., . ',"