Fort Walton Beach Council agenda — 05-25-2010 Regular — reading text

FLORIDA, IN AND FOR OKALOOSA COUNTY LaSalle Bank National Association, as Trustee for the registered holders of Bear Stearns Asset Backed Securities I Trust 2007 -HE4 Asset - Backed Certificates, Series 2007 -HE4 Case #: Plaintiff, Division #: : - vs.- UNC: Cecilia K. Gayle, Defendant( s). NOTICE OF LIS PENDENS TO: THE ABOVE NAMED DEFENDANT( S) AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE HEREBY NOTIFIED that suit was instituted by the above -named Plaintiff against the above -named Defendant( s), in the above styled cause, involving the following described property, situated, lying and being in Okaloosa County, Florida, to -wit: LOT 1, GRAND OAKS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE 59, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. Relief sought as to such property is for foreclosure of mortgage held by Plaintiff against the premises and recorded in Official Records Book 2730, Page 1870 of the Public Records of Okaloosa County, Florida. 17181675 1 11i 11i 1111 Ii11111 IINI1111IIN IN IIIII IN Ili illi p 2008 CA 007136 C T. GARDNER, DEPUTY CLERK 12/ 31/ 2008 Ref # 3 BK- 2870 PG: 3332 YOU will, therefore, please govern yourselves accordingly. DATED: December 008 By: Hollan . Fintel Ff. .Bar 4 0847631 SHAPIRO & FISHMAN, LLP Attorneys for Plaintiff 10004 N. Dale Mabry Highway, Suite 112 Tampa, FL 33618 Telephone: ( 813) 880 -8888 Fax: ( 813) 880 -8800 08- 119848 FILE # 2313828 RCD: 03/ 21/ 2006 @ 10: 29 AM, BK: 2695 PG: 2882 RECORDING: 33. 00 RECORDING ARTICLE V: $ 28. 00 DEPUTY CLERK GDUNEVANT DON W. HOWARD, CLERK OF COURTS, OKALOOSA COUNTY FL CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA CASE NO: 05- 00001052 City of Fort Walton Beach, Florida, a political subdivision of the State of Florida, PETITIONER, vs- JODY R GODWIN P 0 BOX 813 RESPONDENT( S) ACTION ON STATEMENT OF NONCOMPLIANCE. AND SECOND ORDER THIS CASE comes for action by the Municipal Code Enforcement Board of the City of Fort Walton Beach on FEBRUARY 8, 2006, after due notice to the Respondent( s), and the Board, having issued Findings of Fact, Conclusions of Law and Order on NOVEMBER 9, 2005 with regard to this case, hereby issues its further Findings of Fact, Conclusions of Law, and Second Order, as follows: I. FINDINGS OF FACT: The Respondent( s), whose mailing address is P 0 BOX 813, FL, 32540 is /are the owner(s) /person(s) in charge of the property described as follows: SUBJECT: 207 FLORIDA PL SE S OF NW COR SEC S 100 FT W BEG 2623 FT E & 137. 38 FT Tax ID # 24 -S2 -24 -0000- 0092 -0000 Fort Walton Beach, Florida Okaloosa County The attached condition( s), first observed on SEPTEMBER 29, 2005, was/were found to exist on subject property. On OCTOBER 3, 2005, service of the Notice of Violation to the Respondent( s) was obtained in accordance with Chapter 162. 12 of Florida Statue through ( certified mail, posting, or hand delivery) as reflected in the exhibits of this case. Said notice stated that the attached condition(s) constituted ( a) violation(s) of the Ordinances of the City of Fort Walton Beach, Florida, and was /were to be corrected on or before NOVEMBER 2, 2005. BK: 2695 PG: 2883 Re- inspection of the subject property on NOVEMBER 2, 2005 revealed that said violation(s) had not been corrected. After due notice to the Respondent(s), this case was brought for public hearing before the Board on NOVEMBER 9, 2005. The Board found that the violation(s) did exist, and ordered the Respondent( s) to correct said violation(s) on or before December 9, 2005. Re- inspection of subject property on December 9, 2005 verified that said violation(s) had not been corrected as ordered. H. CONCLUSIONS OF LAW: The Respondents, by reason of the foregoing facts, did not comply with the NOVEMBER 9, 2005 Order of this Board, in that the Respondents did not correct the cited violation(s) on or before December 9, 2005 as specified in said Order. III. SECOND ORDER: 1. The Finding of Noncompliance is hereby accepted, the Respondent(s) not having corrected the attached violation(s) on or before December 9, 2005. 2. The Respondent( s) is/are hereby ordered to correct the attached violation(s) and to pay a fine of $250.00 per day for each day the violation(s) continue(s) beyond March 10, 2006. The Respondent(s) is/are further ordered to contact the Department of Community Development Services to arrange for re- inspection of subject property in order to verify the date on which said violation(s) has/have been corrected. The Board also finds that since the Respondent failed to correct the violation as above before December 9, 2005, that the Respondent owes an Administrative Fee of $325.00 due and payable by the first day of the month following this order, to compensate the City for actual costs of prosecution to the date of the hearing. The Board may order additional Administrative Fees should the Respondent(s) fail to correct the violation(s) as ordered. a. In order to protect the health, safety, and welfare of the general public, the City of Fort Walton Beach may initiate proceedings, correct violation(s) and assess the costs of these actions against the property, in accordance with Section 5. 05, of the City of Fort Walton Beach Code of Ordinances. b. Upon recording of this Order in the Public Records of Okaloosa County, Florida, the aforesaid fines and assessments levied against the Respondent( s) shall constitute a lien against the land on which the aforesaid Code violation exists, or, if said land is not owned by the Respondent( s), against any other real or personal property owned by the Respondent( s). c. Should the aforementioned lien remain unpaid three ( 3) months after the recording of this Second Order in the Public Record of Okaloosa County, Florida, the Board may in a Page - 2. 05- 00001052 BK: 2695 PG: 2884 subsequent action authorize the City Attorney to initiate proceedings to foreclose on this lien in the manner provided for by statute for the foreclosure of other municipal liens. d. You have the right to request a fine reduction from the Code Enforcement Board pursuant to Florida Law and the Rules and Regulations of the Code Enforcement Board. You may request a fine reduction within ten (10) days after an Order imposing a fine has been signed. If you do not request a fine reduction within the proper time, the Order imposing a fine shall be filed in the Okaloosa County Records as a lien against your property. Caution: Requesting a fine reduction does not extend the time for filing on appeal to the circuit court. Pursuant to section 162. 11, Appeals, of the Florida Statutes, as amended, an aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the records created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. A true and correct copy of this Action and Second Order shall be sent to the e. Respondent(s) by regular mail and shall be recorded in the Public Records of Okaloosa County, Florida. DONE AND ORDERED FEBRUARY 89 2006 CODE ENFORCEMENT BOARD CITY OF FORT WALTON BEACH, FLORIDA By. A4j-1--1j j , ig-! U Chairman, Code Enforcement Board) MARTHA SANDERS I HEREBY CERTIFY that a true and correct copy of the foregoing Action and Second Order has been mailed to the Respondent(s), this f Y I day of 1` fgjWZe. ( Y By: Code Enforcement Board Administr* tor Y Signature (Please Print) ril ECT. COPY Attachment CEpTIFIE A T UEAND C QF N P Cl C ER 8Y: DATE. Page - 3 - 05- 00001052 BK: 2695 PG: 2885 Violation Teat NUISANCE: SECTION 20