Watterson, Merida L25&26, B13 CityDEMOLITION /CLEAN -UP AGREEMENT
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE, FLORIDA,
(hereinafter "CITY ") apd Merida P. Watterson , (hereinafter "OWNER "), dated
this Z day of C3 , 2014, enter into this agreement pertaining to the clean
up of ovners real property, that may include demolition of structures, upon the
following:
201 NW 9th Avenue, Okeechobee, FL
Lots: 25 & 26 Bik: 132 Section: City of Okeechobee
Parcel: 3- 15 -37 -35 -0010- 01320 -0250
WHEREAS, the OWNER or authorized representative owns or controls real property within
the City of Okeechobee, that may or may not include improvements and structure
thereon, that are subject to certain City Codes and Ordinances, including but not
limited to the following section:
Section 30-43. PUBLIC NUISANCE.
The structure located on the parcel is a public nuisance by reason of being
abandoned, unsafe, and in non - compliance with building codes, and is hazardous
to public safety, health or welfare; that it diminishes the economic welfare of
adjoining parcels and neighborhood; that its condition promotes infestation of
rodents or vermin.
WHEREAS, the CITY performs code compliance and violations thereof to Chapter 162,
Florida Statutes, which permit the CITY to cite, violate and fine OWNER of real
property, including the authority to require demolition of structures, or general clean
up of real property; and
WHEREAS, the OWNER named herein has been cited for code violation, or is on notice
that a code violation exists on the real property, that would constitute a public
nuisance as set forth in Section 30 of the Code of Ordinances, and lacks the means
or ability to come into compliance with the codes; and
WHEREAS, the CITY and the OWNER have agreed to enter into this agreement whereby
the CITY would be permitted to enter upon the property to effect such measures as
necessary to get the real property into compliance with City Codes, with the
understanding that the cost thereof would be ultimately be born by the OWNER.
rn "1,
imam
2 • k
2:7:+rJ....MI
C. c,
°nm=_1
m
rn --t C.
to to ; --rr�
CI '-
• • ro
�nrn
sCs 7.3
• m
-n ,.�
a ?n��
C.".7 i'
- • ,..�...
o
_.,a
O m
m
m r•,• i
Cs • 2:
,o
m ra
7J m
C.
CO
tC. -i
o -P-
-t Ts f,
4-.
4- r c,
lb 1-4
u
NOW, THEREFORE, upon these mutual considerations between the parties, it is hereby
agreed that:
1. REAL PROPERTY. The real property of OWNER subject to this agreement
is described as follows:
Parcel ID No. 3- 15- 37 -35- 0010 -01320 -0250
Legal Description: Lots: 25 & 26 Blk: 132 Section: City of Okeechobee
2. OWNER. The OWNER or authorized representative of this real property
is: Merida P. Watterson
Address: 312 Cherry Street,
Bloomington. GA 31302
3. NATURE OF VIOLATION. The specific violation of City Ordinance or
Codes as to this real property is: Chapter 30 Sec 30-43 Public nuisance
4. There is a pending code violation against this real property in Case No. N/A
or, if no case number, there is no active case, but OWNER is on notice of
this violation from the City Code Enforcement Staff.
5. If applicable, the pending code violation case is concluded, and the OWNER
is subject to an accrued total fine of $ N/A ; OR, there is a running fine
against the real property from (date) N/A at the rate of $ N/A per day.
6. THAT the OWNER of real property, in order to obtain compliance with City
Code or Ordinance herein grants to the CITY, the authority to enter upon the
real property to effect such demolition or clean -up as will bring this real
property into compliance with City Codes.
7 THAT in granting this authority, OWNER understands and agrees that the
CITY is an Independent Contractor, and shall effect the code compliance at
a time, and manner, of its own choosing; including the manpower to be used,
the equipment to be used, the methods used, the manner of disposal of
debris, and any other discretionary means available to the CITY.
8. THAT this agreement (does), ot) include demolition of structures; if
demolition is included, OWNER authorizes complete demolition and removal
of debris of the structure(s), either by manual removal or in a fire training
event through the Fire Department, and holds the CITY harmless from any
claim, demand, suit, or other complaint as to OWNER loss of the
structure(s).
9. THAT the OWNER further releases and holds harmless the CITY from any
and all claim, demand, suit, or other action that OWNER may possess for the
end result of the demolition or clean -up, including but not limited to what
structures, junk, debris, vegetation, improvements or other items on the
property were removed, damaged, or destroyed by the CITY.
10. THAT the OWNER represents to the CITY that there exists no active electric,
telephone, gas or cable services connected to the real property, and agrees
to survey the property with the CITY prior to these services to determine if
there exists any hidden or unknown hazards on the property
11. THAT the OWNER understands and agrees that the precise cost associated
with this work by the CITY cannot be determined in advance, and without
limiting such costs, and solely for purposes of an estimate, the CITY
estimates the cost of this service should not exceed $ 2,000.00; however,
OWNER further understands and agrees that at the conclusion of the
demolition or clean -up, the CITY shall prepare a lien, to be placed in the
public records against the OWNER and this real property, in the total cost of
the demolition, clean -up, debris removal, previously accrued fines and liens
against the real property. These costs may include reasonable equipment,
supplies, and material expense, and cost of labor.
12. THAT by execution of this agreement, OWNER agrees and stipulated to the
entry of this lien against real property without further claim or demand,
without further notice, without further Code Board Hearings, and without
further action by the OWNER. The OWNER understands this lien may
continue as provided in Chapter 162 Florida Statutes for up to twenty years,
and may be collected in any lawful manner, including all remedies as set out
in Florida Statutes 162; may be paid in full by OWNER; or may be collected
when OWNER sells the real property as a lien against the property.
13. THAT by entering into this agreement, the CITY does not release OWNER,
or waive any remedy available to the CITY by ordinance or state law, to
cause compliance at the real property with all such ordinances and statutes,
and reserves the right and ability to use such remedies at any time hereafter.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid
date.
igned, sealed and delivered in presence of:
/nett A) Yo Z(1,--e-e-c6-‘2-71
Signature of Property Owner Signature of Property Owner
Printed Name of Property Owner Printed Name of Property Owner
STATE OF- o9Lr,
COUNTY OF C.A. ,
The foregoing instrument was acknowledged before me this a`t+''day of 0 CI- . , 2014,
by Metri ria VdozliZrSon ; and who produced d- LVkIi.6,
as identification or is personally known.
Notary Public Signature
(seal) \ evict
Name of Notary typed, printed or stamped
Commission No. WENDI C. BURKE
ACCEPTED FOR THE CITY:
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Notary Pubic, Chatham County, Georgia
My Commission Expires March 23, 2018
)'•
Jamie Gamiotea, Chairperson
Herb Smith, Fire Chief
Code Compliance Senior Officer
City of Okeechobee
Code enforcement
CODE ENFORCEMENT BOARD
NOTICE OF VIOLATION
11/02/2006
MERIDA P. WATTERSON
201 NW 9TH AVENUE
OKEECHOBEE, FL 34972
RE:LOTS: 25 & 26
BLK: 132 PARCEL# 31537350010013200250
A violation of local codes involving your property within the City of Okeechobee has been cited.
PROPERTY LOCATION: 201 NW 9TH AVENUE
NATURE OF VIOLATION: Ch. 30 Sec. 30 -41 Disabled vehicle & Sec. 30 -44 General cleaning
CORRECTIVE ACTION REQUIRED: PLEASE REMOVE DISABLED TRUCK WITH NO TAG AND
CLEAN UP DEBRIS IN BACK YARD
The corrective action outlined should be taken within ten (10) 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. In addition a twenty -five dollar administrative fee may be charged if
the violation is not corrected prior to mailing the notice to appear before the Code Enforcement Board.
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 hearing.
If you have any questions regarding this notice, please contact me at 863- 357 -1971.
Sincerely,
Fred Sterling
Code Enforcement Officer
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 357 -1971 • Fax: (863) 763 -4489
m
P-
m
7006 0100
U.S. Postal ServiceTM
-CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery inforMation visit our website at www.usps.conis
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Sent To m ci \gAra
Street, Apt. No.;
or PO Box No.
Gity, State, ZIP+4
Postmark
Here
• --------- ------ ............ „- `V- ......
PS Form 3000, June 2002
See Reverse for Instructions
City of Okeechobee
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932
CERTIFIED MAILTM
1
7006 0100 0003 4059 7,
MERIDA P. WATTERSON
201 NW 9 AVENUE
OKEECHOBEE, FL 34972
Nfir -
IA Notice
2nd Notice /1-/4,
NIXIE 334 71 12/04/05
RETURN TO SENDER
UNCLAIMED
UNABLE TO FORWARD
MC: 34974293299 *2297-03139-03-41
Case #06 -224
201 NW 9th Avenue
12/11/06
No-h 'cc_ o f yap fcck7i
s � c� /a // // .
Suu at'v 4`i iatitig Lt: P l osfr.at,tuxur, r,. in pa,Ot char
e9CtEp VEA.0c4, -_'r,
6E7411FA*, ,4
),a *, iron) data, e r ymrY 1 t c X lla A rwdatinlr,v i.
ti }a,rairi +you lad to ltrittpXy 4401 111.14 r. •uI■■ (-j,+d tucan ,apps ,r_
a 3rrfetrt ibr Unlit' Vflta>rcrmenl 1l rii .uni Ir- %i% lr- pow
t„ ,r Tit, aH,a w u, ,.,, <,a 2004
City of Okeechobee
Code enforcement
January I7, 2007
Merida Watterson
201 NW 9th Avenue
Okeechobee, FL 34972
Re: 201 NW 9th Avenue
Dear Property Owner:
We would like to take this opportunity to thank you for bringing your property into compliance.
The main objective of the Code Enforcement Department is voluntary compliance by the property
owner. With your help, we can make Okeechobee a great place for you and your family to live.
Again thank you for your cooperation and if we can be of further assistance, do not hesitate
to call on us.
Sincerely,
Herb Smith
Fire Chief/Code Enforcement
Fred Sterling
Code Enforcement Officer
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 357 -1971 • Fax: (863) 763 -4489
CODE ENFORCEMENT BOARD OF
THE CITY OF OKEECHOBEE,
FLORIDA.
CASE NO. 06 -224
CITY OF OKEECHOBEE,
-vs-
PETITIONER,
RESPONDENT,
MERIDA P. WAT'1'ERSON /
ORDER
THIS CAUSE came on for public hearing before the Code Enforcement Board, City of
Okeechobee, on January 9 , 20 07 , 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_.
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.
X 3
That upon review of the evidence presented, the Board issues the following:
A. FINDINGS OF FACT:
Lots: 25 & 26 Blk: 132 Section: City of Okeechobee
Parcel# 3- 15- 37 -35- 0010 - 01320 -0250 HX
Property location: 201 NW 9th Avenue, Okeechobee, FL
Property owner: Merida P. Watterson
Property has been found to have disabled vehicles and debris in back yard.
11 CONCLUSIONS OF LAW:
The owner of the property described above has been
found in violation of Chp 30 Sec 30 -41 Disabled vehicles and
Chp 30 Sec 30-44 General cleaning and beautification.
C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you
have violated the Code of Ordinances, Chp 30 Sec 30- 41 Disabled vehicles & Sec 30 -44 General
cleaning & beautification concerning your property located at 201 NW 9th Ave. , Okeechobee,FL
If you do not correct the violation within fifteen days from January 9, 2007 , 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.
AGREED AND ORDERED this I3 day of
CITY OF OKEECHOBEE, Petitioner Merida P. Watterson Respondent
CODE ENFORCEMENT BOARD
City of Okeechobee, Florida
*2'h t
Chairperson
//
Code E • rcement Office
ATTEST:
Recording Secretary
2007 .
, 20 a.
SWORN TO AND SUBSCRIBED before me this /`di 4 day of in r?/a /et/
NOTARY PUBLIC
My Commission expires:
DONNA V. REYNOLDS
Notary Public - Stale of Flo ids
My Commission Expires Oct 7, 2001
Commission it DD458101
t�a►d.d , tretion MME
City of Okeechobee
Code enforcement
CODE ENFORCEMENT BOARD CASE # 08 -00033
NOTICE OF VIOLATION
3/13/2008
MERIDA P. WATTERSON
201 NW 9TH AVENUE
OKEECHOBEE, FL 34972
RE:LOTS: 25 & 26 BLK: 132 PARCEL# 31537350010013200250
A violation of local codes involving your property within the City of Okeechobee has been cited.
PROPERTY LOCATION: 201 NW 9TH AVENUE
NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning and beautification
CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN GRASS AND CLEAN UP
PROPERTY
The corrective action outlined should be taken within ten (10) 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. In addition a twenty-five dollar administrative fee may be charged if
the violation is not corrected prior to mailing the notice to appear before the Code Enforcement Board.
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 hearing.
If you have any questions regarding this notice, please contact me at 863- 357 -1971.
Sincerely,
red Sterling
Code Enforcement Officer
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 357 -1971 • Fax: (863) 763 -4489
Aqi 6z, 6-1- itola:1; o 644 ,52AT
ezin (a/7(47 as a (---1///-45--"'
.41
3/13/2008 10:10:17 AM