2024-09-10 Item V. A. Ex.1 Exhibit 1
V. A. Exhibit #1
Case #240215002
Kerri Michael Othmer & Tammy Lynn Hogaboam
Exhibit 1
Code Enforcement Hearing September 10, 2024
Case Number, Name and Address:
Case #240215002, Kerri Michael Othmer & Tammy Lynn Hogaboam, 1109 NW 9th Ave.
Code Section Violated Description of Violation
Chapter 54, Section 54-81 Use as a residence, A recreational vehicle being used as residence a shed
Chapter 70 Section 70-251 Permit required placed on the property and being lived in as well. The
permit (#23-07-276) was left open due to no final
inspection, so the permit has expired. (7.11.23 to 1.8.24)
Chapter 30, Sections 30-43 Public nuisances, 30-44 Overgrown grass and weed in of being cut
General cleaning and beautification
Photos:
See attached
Is respondent a Repeat Violator?
No
Summary:
• The respondent was first notified on January 15, 2024, via Courtesy Card.
• The City communicated with the respondent on the below occasion(s)
Date of notice Type of notice Received Date
by received/returned
April 2, 2024 The building official Jeff Newell mailed the property owner a
letter via USPS certified return receipt notifying them that
permit issued for the utility structure is now void per Section 70-
303 Erroneous Issuance and if the error is not voluntary
corrected, the matter shall be referred to Code Enforcement.
Code Officer Smith inspected the property; still non-compliant,
the unpermitted shed remains on the property, however the
travel trailer has been removed from the property. Photos in file
April 9, 2024 The case was presented to the Special Magistrate the matter
was deferred to the next Special Magistrate Hearing. _
July 11, 2024 Code Officers Smith/Curl inspected the property still non-
compliant, the unpermitted shed remains on the property,
however the travel trailer remains on the property but shows no
evidence that someone is living in it. Photos in file.
July 18, 2024 SOV/NOH, mailed via USPS certified return receipt for the
August 13th Hearing. Per USPS tracking the notice was
delivered to an agent and left with an individual at the address
at 4:11 pm on July 22, 2024, in Palm Beach Gardens, FL.
33410. Tracking details placed in file. The City Staff has not
received the notice nor the signature receipt card back as of the
date of this hearing.
August 21, 2024 Code Officers Smith/Curl inspected the property still non-
compliant, the unpermitted shed remains on the property,
however the travel trailer remains on the property but shows no
evidence that someone is living in it. Photo in file.
Page 1 of 2
Exhibit 1
Date of notice Type of notice Received Date
by received/returned
After speaking with Theresa Forde, the Administrative
Assistant with the City Building Department, no permit has
been issued for the shed.
August 22, 2024 SOV/NOH, copy of ordinance, and photos mailed via USPS
certified return receipt for the September 10, 2024, Hearing.
Per USPS tracking they attempted to deliver the notice at 1:35
pm on August 26, 2024, in Palm Beach Gardens, FL. 33410
and a notice was left because an authorized recipient was not
available, and if the item is unclaimed by September 10, 2024,
then it will be returned to sender. The City Staff was unable to
schedule for redelivery and has not received the notice nor the
signature receipt card back as of the date of this hearing.
August 26, 2024 Code Officer Smith posted the property and the public notices
board at City Hall with the Notice to Appear. Photos in file.
September 5, 2024 Code Officer Smith inspected the property; still non-compliant,
unpermitted shed remains on the property. Overgrown
vegetation needs to be cut. Photo in file. I also verified with
Thersa Forde Administrative Secretary at the Permit Desk no
permit had been issued.
City Recommendation:
The City recommends in accordance with the City's fine schedule a fine of $100.00 per day to
begin on September 11, 2024, until the property is brought into compliance, plus a $50.00
administration fee.
Chronology attached
Page 2 of 2
Exhibit 1
Case #240215002, Kerri M. Othmer & Tammy L. Hogaboam
Date Event/Document
January 11, 2024 Property owner: Kerri Michael Othmer, Tammy Lynn Hogaboam
Property address: 1109 NW 9th Ave. Okeechobee, FL. 34972
Mailing address: 11198 Monet Ridge Rd. Palm Beach Gardens, FL 33410
Parcel ID: 3-15-37-35-0010-00140-0010 (33326)
Legal Description: Lots 1, 2, and 3 of Block 24, CITY OF OKEECHOBEE, Plat Book 1, Page 10
and Plat Book 5, Page 5, Okeechobee County public records.
Beth Alberts County Code Enforcement Supervisor called in and made a complaint about the
above-mentioned address: that a shed was placed on the vacant lot being used as a residence
along with a fifth wheel Recreational Vehicle.
Code Officer Smith observed the above-mentioned property to be in violation of the City
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification, Chapter 54 Section 54-81 Use as a residence. Chapter 70 Section 70-251
Permit required: overgrown grass and weed in of being cut, recreational vehicle being
used as residence a shed placed on the property and being lived in as well. The permit
(#23-07-276) was left open due to no final inspection, so the permit has expired. (7.11.23
to 1.8.24)
January 15, 2024 Courtesy Card, photos, and city ordinances mailed via USPS regular mail, giving the property
owner 14 days to correct the violation
January 29, 2024 Kerri Othmer (561-613-3764) called into the office and Spoke with Code Officer Smith, and she
was advised of the violation on the property. She advised that she was at the building department
at City Hall getting the permit for the shed and setting an inspection for the fence. She was also
advised that she can't live in the RV nor the shed. She asked if she could camp on the property
and was advised that she could not camp or live on the property at any time. Once she gets the
permits and stops living on the property, the property will be in compliance.
February 12, 2024 Code Officer Smith and Curl inspected the property; still non-compliant, still evidence that
someone is living in the RV and the shed. After speaking with Theresa Forde, the Administrative
Assistant with the City Building Department, no permit has been issued for the shed. There is a
sewage line running from the RV. Progress was made with the vegetation being cut. Photos in
file.
February 15, 2024 SOV/NOH, photos and a copy of the city ordinance mailed via USPS certified return receipt
for the March 12th Hearing. Delivered to Agent for Final Delivery on February 20, 2024 at
11:37 am per USPS tracking. USPS tracking details placed in the file. Received certified
return signature card on February 22, 2024, signed by Mary Beth Hogaboam.
March 5, 2024 Code Officer Smith inspected the property; non-compliant, evidence remains that the shed is
still being lived in picnic table, chairs, and a hanging plant. Photos in file.
Page 1 of 3
Exhibit 1
Case #240215002, Kerri M. Othmer & Tammy L. Hogaboam
Date Event/Document
March 6, 2024 Code Officer Curl spoke with Keli, the Administrative Secretary for the General Services, Building
& Zoning Department, who stated that Permit #24-02-045 was issued for a shed, but no final
inspection had been called in as of today and if the property does not have an existing structure
before placing the shed, then the shed should not be there without one. Permit placed in the file.
Code Officer Smith spoke with the City Building Official Jeff Newell, and he advised me that the
permit for the shed was issued in error and that he will have to revoke the permit.
March 12, 2024 The case was presented to the Special Magistrate, found in violation of Chapter 30,
Sections 30-43 Public nuisances, 30-44 General cleaning and beautification, Chapter 54,
Section 54-81 Use as a residence, Chapter 70, Section 70-251 Permit required and deferred
the matter to the next Special Magistrate Hearing.
April 2, 2024 The building official Jeff Newell mailed the property owner a letter via USPS certified return
receipt notifying them that permit issued for the utility structure is now void per Section
70-303 Erroneous Issuance and if the error is not voluntary corrected, the matter shall be
referred to Code Enforcement.
Code Officer Smith inspected the property; still non-compliant, the unpermitted shed remains
on the property, however the travel trailer has been removed from the property. Photos in file.
April 9, 2024 The case was presented to the Special Magistrate the matter was deferred to the next
Special Magistrate Hearing.
July 11, 2024 Code Officers Smith/Curl inspected the property still non-compliant, the unpermitted shed
remains on the property, however the travel trailer remains on the property but shows no evidence
that someone is living in it. Photos in file.
July 18, 2024 SOV/NOH, mailed via USPS certified return receipt for the August 13th Hearing. Per USPS
tracking the notice was delivered to an agent and left with an individual at the address at
4:11 pm on July 22, 2024, in Palm Beach Gardens, FL. 33410. Tracking details placed in
file. The City Staff has not received the notice nor the signature receipt card back as of the
date of this hearing.
August 21, 2024 Code Officers Smith/Curl inspected the property still non-compliant, the unpermitted shed
remains on the property, however the travel trailer remains on the property but shows no evidence
that someone is living in it. Photo in file.
After speaking with Theresa Forde, the Administrative Assistant with the City Building
Department, no permit has been issued for the shed.
August 22, 2024 SOV/NOH, copy of ordinance, and photos mailed via USPS certified return receipt for the
September 10, 2024, Hearing. Per USPS tracking they attempted to deliver the notice at 1:35
pm on August 26, 2024, in Palm Beach Gardens, FL. 33410 and a notice was left because
an authorized recipient was not available, and if the item is unclaimed by September 10,
2024, then it will be returned to sender. The City Staff was unable to schedule for redelivery
and has not received the notice nor the signature receipt card back as of the date of this hearing.
Page 2 of 3
Exhibit 1
Case #240215002, Kerri M. Othmer & Tammy L. Hogaboam
Date Event/Document
August 26, 2024 Code Officer Smith posted the property and the public notices board at City Hall with the Notice
to Appear. Photos in file.
September 5, 2024 Code Officer Smith inspected the property; still non-compliant, unpermitted shed remains on
the property. Photo in file. I also verified with Thersa Forde Administrative Secretary at the
Permit Desk no permit had been issued.
Page 3 of 3
Exhibit 1
.... -.4—.,-* . IP .i"- ' ' .
, 4 ..,- . i. .'it\ .illilli
If4.1i-'' .111 ,01 ,..14,14K-, .
1.), ,.``t true1zIris1 ': . y 1, ;:• ` 15 '.
rN - t
t -- tili • .
•
dl i'1" rile:
{} e .1 S( : 1,
1: • 4.-T ,t .v,t
i
�x• • + r •.,_ x4• t rn - #w '.
s• 1` 1 an �..
111111111-1111 7( ;
. . t .,,,
I4j i,
to r t- !�
rb -1.
' c ' 1 ' r.
I
r
C ' i
4. 1 ‘.1 * k 4 . ...
i` i+7YV1.1!HST
•
( Aligh _` a
0 53 108 15t+ 212 285 316 371 4''4 477 5301t
Okeechobee County Property Appraiser Mickey L.Sandi.CFA j Okeechobee,Florida 1883-763-4422
PARCEL: 3-15-31-35-0010-00240-0010(33326) I VACANT W/EXTRA FEATURE(0007)10.516 AC NOTES: Okeechobee County,F.
CITY OF OKEECHOBEE IPLAT BOOK 1 PAGE 10 a PLAT BOOK 5 PAGE Si LOTS 1 2 a 1 BLOCK 24
OTHMER KERRI MICHAEL 2023 Certified Values I
C A,ner HOGABOAM TAMMY LYNN Mkt Lnd 518,750 Appraised $18,750
11198 MONET RIDGE RD Ag Lnd $0 Assessed $18,750
PALM BEACH GARDENS,FL 33410
Site 1109 NW 9TH AVE OKEECHOBEE Bldg $0 Exempt $0 IN
Sates 344.702i S59500 Vla) XFOB SO eounty:518,750 ,V,
121142922 WS Vlut Just $18,750 Tatal clty:$18,750 '1r,""
Info 4'S2e1t $19.COO VtOt Taxable other:$18,750
school:$18,750
The Ygormation presented on III websde was dereed from data wh+ch was complied oy the Okeechobee County Property Appreiser Office saley for the govemrnnnlal purpose ol property
assessment.Thls kdonnsoon should nat be retied upon by anyone as a detenninabon of the ownership of property or market value.No wernwhee,expressed or Impbed.art provided for the
a_curacy of the data heron,it's use.or d's mlarpretaton This websaa was last updated:111112024 and may not retied the data oaten*on the at our o 6Ce.
Grlulyl.ogic.com
Exhibit 1
- 7 , '
., IT
, .
"MI
*
.- ., :Pi * o. ,V 1'b li . • 4
-s.ft, . .14 ',.... • l' 1„a
AY: . . •,,,.ort S. ., , u,Amu.", ..
..... db.
.
.• ,r,...,
•.,...
_
,011 t 410114 •.0' ti ti4 4 ,; 70:4 . .,
t. ' ' '-..,
0 •. Ift ..- . .v„ir
-
l'i . , 11,07•
- ....:
Air ...` 4.0%.41
.... .
AM 1111 ' #1 itaZill a --- -..— _,....
IMP
--,
; allices443ill
NOrth I rat/
F4
'V)
: - - -
, .
, . "1111111111Immpir . _
..„ ,.,
. „it--,4F1•A Al
A‘ '• +. '...' '• _ ,
I.,
' . .
011 11 110 8 20211 113:00
•
- - 'Ii.. : :' * ** '..-'," - " ' ' V.- '-', i '' I
. . ,,,,..i.. .. 4, 4. -... ,Av-vit 7;. _., T ,..:,'r - ' -
";• * .4t....'''iy:44: . -7•Nalt.%' , , , ,C.14, .'. • , _,'''. ' ' - 4' vt.','. - S. '.its' IT" 4
;.* . ;.• . I °°•. _ f,..
•4,7, •.,. ..., .. . 4 , , Atic . . - -1:1---,
tlit
3:t • ' .,'- r. ' ....4.t?Alei" .:''
"..,
,ro ..'.4. .4 •
k '-. , •- I
. . it z ;
ir- ,... ' -;- .‘.V., - . •
c''' ;:. -,:, ,,, no = •
'
.
-- „,-
.
+or ,to
.— • •„ . '‘• - '1'7-.. :".;--„,,,.. -•°- , ..4'4.-„,-... — . .„. ..- ,- ' .7 . - - '
• . .'t •:.•;, , ‘,„ .., ,:•-x-. syl;, - Z i
'-,.. '' - - - s 4 , it• ' ' .....,
I II d'a i
. •4 .,. . •' - ', •-' •.!: , • 1 .. ...--: ,..,"-- -4
al/ -
,, O1,411.
i 4#—
• 1, - • '''it 1
. '
•PI kil'' t!-: 4' ...,4,- .:-.
•
- I '
tr - '..` - -- c
: - f.. „, !„... s -!--- ‘. ii,.
'' V.; - ., x.r,••• .-‘'4- ' ' -.1.- ' ' - 1 ''' I.a ..
' .. •-c 1•., ' - .-.‘ * .,,',..- ' •, '44v.- -.7`.. 4,°'''---
,,.. • _ 4
..' -:-•V -41 0;,,,f4;. ' 'EA'1 : - : '‘. ......
' :-''' ' '''' N .1'` .14k." .- '' ,rt.
) .f"1"" 01 / 10/2024 14 OLJ
-,:s . ,,,,,,,
4,
,
....-
Exhibit 1
41 $,- Ov- ^-,- 4' -"•-• • •• ' - , ' 1 7 „ . ,
"4filit'oc•5 ---fdta ..,A,. - . , • - -- ./. ,..* z,,....‘
-,.....:31157,6 '. .1:le Aig,ik, ,,4 •wr.... ,. ..... • -, ,'
- ..t".* --..."; ' ‘-• 4,"",' %.: .
/ At) -. .,
-- -7
....* ' -. .. 1"...M' ,
a141:31H.. ,
0
IF,.1114:44":114,1 dr -•."':' At-iv IL ••• 0 ...; ,,,,,,, . ,.:1-
P
'' 4 t‘. ' • '1 t C. ' '40' •to . -I 014 4 •
e -. -.-- 1 A A.,,- -. 4-, .,.....14'.41).• 41.11-,-,4 ,, „,,:, . • .or. , .\sil,,,Flk•....., ,.,..."6,,,,, . 41...", %
le.
,.--.e„no OIL
:::i-4'4f1' ,- :tipirvtx 1 • .4 r...t.i,, ...7. , ,1_ ..
•41. , 41Ik. - ' := . ft, !...- • „..
.•,..,
,
,. , ....,..,,_-.... - ....... , —. ..--.....--
•
t , ,
. - I .. . ...
•
III
I III F ,
ri slit 4, n
u ,_'t
____
._ .,
,•t
... - • • - ,
iesifttimmimarnarn6i, ,w .:46; . -----
-.IN
1,' I i4 PI- 1 ,
'''' ' .............. ---- 0••—0/2 or 1O9
..,. •
•
. •;•,,:_.
= cs:
,o..-
,, .....„ .
, ,,,, _ ......... „......
- ..•
•--,
. ., .. •
-'„,„ - - .••_,..,......,-...•
*4;---= -- -
,...., .
, •
......_... ,
----- -
. . -
,... ., . .. -
-,'
4
OureirlA ,
1 alt'',---•
1 ,
-, •,..---, - .
11S,
....II ----
r• a VP 4
.0,
,....inaleif_ derotej
. .
4*- 3. - - ••• -,•'-'• -- ofil 'fi o/ ,o,--, 1 4 ,
-.9'
A. .
_ .
. w
quwara
..._
Exhibit 1
Date:
Re:
Dear Property Owner,
This is a courtesy card requesting your assistance in alleviating the following code violation(s) at the
above address. The following violation(s) exist:
0 Overgrown Weeds, Grass, Bushes or Shrubs U Unauthorized Signs, Flags or Banners
0 Trash,Yard Debris or Junk 0 Operating a Business Without Required License
0 Inoperable,Abandoned or Unlicensed Vehicle D Pool Violation
U International Property Maintenance Code Ch Sec
0 Other t,
Please contact our office at(863) 763-9795 within _ days of receipt of this card and let us know
when violation(s) will be corrected. We appreciate your cooperation.
Exhibit 1
ry L
• ' • fir.�y.
f
i <
r "
I
e i 'eft-
*}� ,
•
0201202024 'fl :011
1,4000soi".....-- I
•
r Lb
.. gr taro lid - -+' aT0-2
_.
r,ry Y_ y Exhibit 1
Okeechobee =" >
City of Okeechobee Code Enforcement ,40
50 SE 2nd Ave Okeechobee Florida 34974
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE,FLORIDA
Petitioner,
vs
Date February 15, 2024
Respondent,
CASE NO. 240215002
Kerri Michael Othmer, Tammy Lynn Hogaboam
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of
Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer herebygives
notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section:Chp 30, Sec 30-43, 30-44, Chp 54 Sec 54-81 & Chp 70 Sec 70-251
2. Address and Parcel#where violation exists: 1109 NW 9th Ave. Okeechobee
3-15-37-35-0010-00140-0010 (33326)
3. Name and address of property owner or person in charge of location where violation exists:
Kerri Michael Othmer, Tammy L. Hogaboam, 11198 Monet Ridge Rd. Palm Beach Gardens, FL 33410
4. Description of Violation:
No permit for the shed on the property, Living in the shed and the fifth wheel RV
on the property.
5. Date violation must be corrected by: Mar 5, 2024
6. Date violation first observed on or about: Jan 11, 2024
Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code
Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take
notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 12th
day March, 2024 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in
Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and
conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be
represented by counsel,present evidence,and present testimony.Please be advised that any evidence presented to the
Magistrate for his consideration will be retained by Code Compliance Department.If you fail to appear at the hearing the
Magistrate may enter an Order of Violation,&impose a fine in your absence.
Attlf.37 shy
Anthony Smith Code Enforcement Officer
Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will
need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will
be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department.
In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a final administrative order to the circuit court.Such an appeal shall be
filed within 30 days of the execution of the order to be appealed.
De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal
de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara.
Exhibit 1
U.S.Postal Service"
CERTIFIED MAIL RECEIPT
Domestic Mail Only
t` For delive 0-formation.visit our wcbaoc at v.v.w.usps coal'.
-17
rn
r` i�MnatF�wJrwrcrrw c:.:a- 4J
�piw.�tie.YtF.rowl •-- �� � ���
OMwnrilialUnlrq $ /Postmak
o+000111.161011011111.411 OWNeril $ 11 .141101
(7AY�►Y final may{ a • I
O POMO
FT,
L. a! _........_ .. ..._ ._
r 4
Exhibit 1
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items I, and 3. A.Srgr.atnre
• sot your name elf pdtlrcar on the reverse v iiv.-/�, _ �� AC
that we our rotate the card to you.
^�-�" T ent
�tldreafee
■Attach this card to the back of the mailpiece, B.Received by(Printer'Nam C.Date d Delivery
or on the front if space permits.
%N. R L.(de.1NAiackk98s ditewnt'from ttern 1? ❑Vas
Ieltw-y ad7reaa below; ❑Ns
Kern y, Othmer&Tammy L. Hogaboam
11194donet Ridge Rd.
Palm Beach Gardens, FL 33410
III11IIIIIIII!Illlillllfllllllllll1ll1lllll o Priority Muir&wow&
rted� cFiesirtered Main.
J G Adui:SyDarn It
9590 94 u ?1 c.'14 r.)5923 85 D Celled Mai Restricted Dam., 84ru>•re
❑C.W a m a1on'
Collect on Dwwy 'It WeW�Ca,eeabeo
2. Article Number Ohms*from service Iabe/J ❑Oee,et on oel,ery aesvnned Delivery Metncted Delivery
n tn..nd Usti
7022 2410 0002 7643 7768 ResMciafDavy
PS Porn 3811,July 2020 PSN 7530-02-000.9053 Domestic Return Receipt
Exhibit 1
ALERT: SEVERE WEATHER CONDITIONS ACROSS THE U.S. MAY DELAY FINAL DELIVERY OF Y...
USPS Tracking° FAQs >
Tracking Number: Remove X
70222410000276437768
Copy Add to Informed Delivery(https://informeddelivery.usps.com/)
Latest Update
Your item has been delivered to an agent for final delivery in PALM BEACH GARDENS, FL 33410 on
February 20, 2024 at 11:37 am.
Get More Out of USPS Tracking:
USPS Tracking Plus°
Delivered to Agent
Delivered to Agent for Final Delivery
PALM BEACH GARDENS, FL 33410 -n
February 20, 2024, 11:37 am m
cr
v
See All Tracking History 0
What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package)
Text & Email Updates u
USPS Tracking Plus® u
Product Information u
See Less "
Track Another Package
Exhibit 1
Enter tracking or barcode numbers
Need More Help?
Contact USPS Tracking support for further assistance.
FAQs
Exhibit 1
•
' .1. •••• I
14 * V
. _.
• ,,, !,ic. ... .1r v„,- ,
. •, . •,..
v . A.,,.' APIr,„ ' •f • -4 ' al'^4i. , ..,..-Akt,,g : . ,, •
" -...,;.*N1.- ' .s...e14.,, • . .' „I!' ;h.' _ • .." ‘4,1i * '
*V' V4.7tf, ''...- 1 . ' • "to,.
Y' • .' — et', , i-t,'
. • /... , ....„,.,
'iris.;".-iii. It -:, '/f, ' ' „. fi-14 '• i
,. ,-1 • 44 , ,-; 4.4
, -• •0 v.
' A '`, .. d, ,14, • .4 ,,—•• ' .e • . ' , ...'• .' _.
. .,f!;.,.,:i .-. irk...,: , • ' .f.r.,,,:r.'..t1.--7 ' A./ pl
iir
A, .a; ..:. :,. —.,,,- .ww. . =-
.,,. ,04 ..,, . • .•-•. ,. . - 4 010..l.s.4* • v ' ''. e ••'.4.\44 • 11001.111111111.111111, z
4 . • '4 k -4-, '7? - !; ' •
/411111
' '4'...• ,. : • ''' • —07• ' ,, Ir. • 7
Ir. . vv ••,,4' *4 4f ,---7,r z^a-, , * ' ,. 3: i ...r. ,,,-
. , . .
t
*.•,,j,,..eti 7,, Vril ' I • • •
• n * '."..- .0.„ %'' •,
j i - - - t'7Ilt le rp
' PC
WNW i.0 e L." I 7,411 i)ilia 1
a . ,,,, i...,....i....
11111111.111111,:m17,7,4-4447'.'.;11Plk -I . it, -:. .1,1T 1111- IONI
iiitt-
_____ 4116 !rJii.IIIIIIIIIIIII
` -usam1111.10'' viiiISPII•Aiwa
....
0681100112CM ----
'.:.f,','
°
.. ., • _.,,,, ,.
,......4,„..4-,,,--, „,...„,,,- - , • , . , , •. ,
...
. . , ., ,
•1..._.„....,.:
- -.
.-,,,e.,.. _ •• • i'. . _ -......, ..., .. ,.4 • .•,• k ,
l'-
. . 4.
...- ... i i..:. 1: • - -,
1,... *44. v , %., •• 4,-, ...••• • •44.4, i.-
• e' • l. • ...:-•r•.- ,., , , 4, It „- - ‘.
I, ' 4,- v*-7-. 't. *.. , A 4. •
- °w.f.,-l'•-'11,Pi- -kr
•
. "•, • -, .*1‘.
..._ . ._,4. .
. .
. 4) .•- - , . ,
..„ „ .,,,,(2 .t,, .
A rks• 1 " • 1 '''' ' -e I. ,... i
*
1.t ' .'' VI .- , -b. ,...,,, - . , • $
* # 7. ' .-.,.Z' . • . .0 • . ,.•,.7'- .4...
. .. .„,
11..7,
i I
1111111040r
t -
'!"7,
',?.;**'*' ,,,., .............•••,.. 4........ ,,.;.0,.,,,
vv.
,, .,... % I,
'-tik; Wtgi ' ..' .
"4fIrr r F 1 1---1-:#1 • il,4 oeb...4.-— --
.... .
_• :,.. . g;v.,.i.... , 4. 41--Na•A-
CePg 11 C24:1.0.
. 110111.411 ` r .
....... . .•,..
• •.• •
Exhibit 1
'?"-- ti,°-.., •. , -i 6.-4..... :I: , _
11111161i...71.. ''' ' ., ,
'} .fit
T
u *�
n l /n ti.HD n.o.A.' 1 t
' ' ';..-:, .-..4t,,,'-.4-2*..:i. . -:1
' , ,tom.,., `... ? a `L. � 4 i' - r
tit
,4
',t:
' 4 .1,---- ; : : _
,'• ,H, - - '
it it 1 I -. " 1111M1 M,..
f:': el,_, NEN . ,..-. _ _ . ,
Sr MilMer I ."NT,,,,,,,,lov-7- r,
.4, ...,, , : r 1,..
0 24 11
.f. �, o BO
., G
Exhibit 1
I
CITY OF OKEECHOBEE
Fees Office Use Only
,, 55 SE THIRD AVENUE r ,- M
``-t.;-oF•aNff°y} OKEECHOBEE, FL 34974 Building $ �3, LlU Date Received 1 i�;j
•`r" ,ram,. _ -_a, Tele: 863-763-3372 X9821 Electric 5 r
su m; Fax:863-763-1696 Date Issued 2-c.Z41�
° • Plumbing S
o�� Website: citvofoLeechabee.cont t rn-, J
v. =Y 4 HVAC S Permit#2 -vAS—
a';�,.0 'Effective July 1,2017 the City of —
Okeechobee is required to coltect a Plan Review % Received of
BUILDING surcharge of 2.5%on all building Other $
permits(minimum$4).They are
PERMIT State required fees to fund DCA and Sub Total $ •7S.1 Check ft
APPLICATION DBPR programs
CurtentEdition _ DCA $ z vC Cash _Date
Florida Building Codes FOR INSPECTIONS CALL BY 4 DBPR $ 2. CCU Receipt 4
Revised. 03-05.202C P.M.,24 HOURS NOTICE --- Signature
REQUESTED Total 5 79.00
Owner Information Contractor In or�a o
Owner err , [;}� ,, tie{ Qualifier
Lessee Company ���1,
Mailing Address �tvq 8 Kike y,&T Q 1., ,�c rG,.,l. Address r �� .
City Q lvvr C ,;;,1,-, CC,,ri .,,State c L.Zip ,?a,3'ak0 City f� f� State _Zip
Home Phone(5c, 1 ) G ' - 3-p cn Phone, , , \� \ . '
E-mail ,,'-..ar r, ,i}'r�-kr-..,v -� C -v".%V • rra..., E-.Mat
Cell Phone( J _ Licens `
Signature ___ _11,-.44,— Sipaature
_3Gb Contractor information re uired. See additional form
Residential o Commercial a Industrial r. Project Information: Electric Service: Water Supply:
Phase Well ❑
Project Description: y t ' Living Area Size Private a I
0 i .7-1- 1-1 Vr"1, ! Porch/Covered Entry Public o
— _ Garag Shed) AMPS
Storage
Square Footage Total: top Sewer:
CBS ❑ Frame. Steel o HVAC; Private e
Project Address: 1 kook .1‘Ate) c.c.-WI manufactured Home ❑ G or EL Public o
I _IN v 014 e_e_Lk%0 be iz.._F I-3LW
Parcel ID: +Estimated Cost 5 7 3 5 3.00 Gas: Flood Zone:
1S-.31 - 5-f-,n10-002-'-10 ►• Natural
Subdivision:Block Zy Lot 1t2t If exceeds 52500.00, a recorded Notice Propane
Zoning of Commencement is required.
Setbacks:
Front Rear Side ,
Provide Finished Floor Information for all Structures and Additions that can be Inhabited or Occupied.
Finished Floor Certification or FEMA Elevation Certificate Required to obtain Certificate of Occupancy.
i Proposed Finished Floor Elevation: Base Flood Elevation: Crown of Road Elevation:
The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit.Failure to comply may result
in suspension or revocation of this permit or other penalty. Applicant understands that the issuance of the permit creates no legal
liability,expressed or implied,of the Department,Municipality,Agency or Inspector.
*,r,*ei**r****tie*******i** *****,....*rw..,twARIVING TO OWNER**,-+**********w,A*•, .►..* ....***t.,*****Ak*:+
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
NOTICE OF COMMENCEMENT,
.***"****r,**.*""" **"""ATTENTION BUSINESS OWNER/LESSEE****k.*''+.*'**r.r•.t.****.,e*11,.,,{.r
NEW OR RELOCATED BUSINESSES ARE REQUIRED TO APPLY FOR A NEW BUSINESS TAX RECEIPT (BTR).
PLEASE CONTACT THE A'FINCt--DEPARTMENT F/
OR ADDITIONAL DETAILS.
tll /
Application Approved By \ �jr,, �' `1���'r Date oC -5-24
Exhibit 1
NAPA, i
Of rt.
CITY OF OKEECHOBEE
OWNER/BUILDER DISCLOSURE STATEMENT
(Florida Statute 489.103 (7))
BY SIGNING THIS STATEMENT,I ATTEST THAT: (Initial to the left of each statement. Form is two-sided)
I understand that state law requires construction to be done by a licensed contractor and have
applied for an owner-builder permit under an exemption from the law. The exemption specifies
that I, as the owner of the property listed, may act as my own contractor with certain
restrictions even though I do not have a license.
I understand that building permits are not required to be signed by a property owner unless h=
or she is responsible for the construction and is not hiring a licensed contractor to assum-
' 12,0 responsibility.
I understand that, as an owner-builder, I am the responsible party of record on a permit. I
understand that I may protect myself from potential financial risk by hiring a licensed contractor
and having the permit filed in his or her name instead of my own name. I also understand that a
t contractor is required by law to be licensed In Florida and to list his or her license numbers on
all permit and contracts.
I understand that I may build or improve a one-family or two-family residence or a farm
outbuilding. I may also build or improve a commercial building if the costs do not exceed
$75,000. The building or residence must be for my own use or occupancy. It may not be built or
substantially improved for sale or lease. If a building or residence that I have built or
Ni4.0 substantially improved myself is sold or leased within in 1 year after the construction is
complete, the law will presume that I built or substantially Improved it for safe or lease, which
violates this exemption.
I understand that, as the owner-builder, I must provide direct, onsite supervision of the
\j construction.
I understand that I may not hire an unlicensed individual person to act as my contractor or to
supervise persons working on my building or residence. it is my responsibility to ensure that
V° the persons whom I employ have the licenses required by law and by City ordinance.
I understand that it is frequent practice of unlicensed persons to have the property owner
obtain an owner-builder permit that erroneously implies that the property owner is providing his
or her own labor and materials. I, as an owner-builder, may be held liable and subjected to
serious financial risk for any injuries sustained by an unlicensed person or his or her
\�.) employees while working on my property. My homeowner's insurance may not provide
coverage for those Injuries. I am willfully acting as an owner-builder and am aware,of the limits
of my insurance coverage for injuries to workers on my property.
i understand that I may not delegate the responsibility for supervising work to a licensed
contractor who is not licensed to perform the work being done. Any person working on my
building who is not licensed must work under my direct supervision and must be employed by
1/,_, me, which means that I must comply with laws requiring the withholding of federal income tax
'-J-/ and social security contributions under the Federal Insurance Contributions Act (FICA) and
must provide workers' compensation for the employee. I understand that my failure to follow
these laws may subject me to serious financial risk.
Rev 03-05.2010/gpn
Exhibit 1
' I agree that, as the party legally and financially responsible for this proposed construction
activity, I will abide by all applicable laws and requirements that govern owner-builders as welt;
'„2,C) as employers. I also understand that the construction must comply with all applicable laws,
ordinances,building codes,and zoning regulations.
,1,U i am aware of construction practices and i have access to the Florida Building Code.
I understand that I may obtain more information regarding my obligations as an employer from
the Internal Revenue Service, the United States Small Business Administration, the Florida
Department of Financial Services, and the Florida Department of Revenue. I also understand
\/%u that I may contact the Florida Construction Industry Licensing Board at 1-850-487-1395 or at
www.myflorida.com/dbpr/pro/cilb/for more information about licensed contractors,
I am aware of, and consent to, an owner-builder building permit applied for in my name and
understand that I am the party legally and financially responsible for the proposed construction
ICJ activity at the address listed below.
I agree to notify the City—of Okeechobee Building Department immediately of any additions
deletions, or changes to any of the information that I have provided on this disclosure or in th3
permit application package.
Licensed contractors are regulated by laws designed to protect the public. If you contract with a
person who does not have a license, the Construction Industry Licensing Board, the
Department of Business and Professional Regulation and the building department may be
unable to assist you with any financial loss that you sustain as a result of a complaint. Your
only remedy against an unlicensed contractor may be in civil court. It is also important for you
‘4,0 to understand that, if an unlicensed contractor or employee of an individual or firm is injured
while working on your property, you may be held liable for damages. It you obtain an owner-
builder permit and wish to hire a licensed contractor, you will be responsible for verifying
whether the contractor is property licensed and the status of the contractor's workers' '
compensation coverage.
Prope ty Address: l t \d IV t J �-��-. Ave C) 14,eeC/tn0\c, e—L : r L 3L-19
C ,•‘`,.v-N_Q_ . do hereby state that lam qualified and
fP/,f,f fa Pad N,.mar
capable of performing the requested construction involved with the permit application filed and agree to the conditions
speccified above
O} C O 2 ( a\
Signature of Owner-Builder Date
STATE OF FLORIDA
COUNTY OF }`1 e C 011 C'}?e t
The foregoing instrument was acknowledged before me,by means of Id physical presence or n online notarization,
this )`Sf day of Vie.l-A./L ll , 20 a , by j',t4) r"-v--1 1 r i id-oecti O h vYY-S'µ Personally
known OR produced identification. Type of Identification Produced: MameofAlmon)
r rY da f�l l/>? I L. '�,t ^! J ✓��� f t C
Na1a PLJ;;C Slate cl F ands 'Fl t /1� �(
Patty M Burnetle Lt `b� n
Si ature of Notary 6tOmI n Hr L ?34 g
a^4' rIpCrei ¶C,0R11S2O'2024! t
(seal).
A violation of this exemption is a misdemeanor of the first degree punishable by a term of imprisonment not
exceeding 1 year and a $1,000.00 fine in addition to any civil penalties. in addition, the Building Department
shall withhold final approval, revoke the permit,or pursue any action or remedy for unlicensed activity against
the owner and any person performing work that requires licensure under permits issued
Exhibit 1
INSPECTIONS ARE NOT SCHEDULED ON FRIDAY ONLY MONDAY THRU THURSDAY
la'''0`'O $• CITY OF OKEECHOBEE BUILDING PERMIT#: 2L4oa- ��
s 55 SE THIRD AVENUE
=o14 OKEECHOBEE, FL 34974 DATE ISSUED: 2 —5- -Z4�-
ii Tele: 863-763-9821 Fax: 863-763-1686
' website: ciivoiokeechobee.com
THIS CARD MUST BE POSTED AND VISIBLE FROM THE CLOSEST STREET UNTIL THE CERTIFICATE OF OCCUPANCY OR
COMPLETION IS ISSUED. FOR INSPECTIONS CALL 863-763-9821 BY 4:00 P.M.,24 HOURS NOTICE REQUIRED.
Note: Failure to call for final inspection could result in code violation.
NOTICE: This permit expires in 180 days if work has not commenced, or it has been over 180 days since the last
approved inspection.
X BUILDING ISSUED TO: DLLAQ tat?
l_i MECHANICAL SITE ADDRESS:
_ PLUMBING DESCRIPTION:
El ELECTRIC AD )(2.0 S t-ta-
TYPE INIT&DATE TYPE INIT& DATE TYPE INIT & DATE
Foundation: II T Pole Final Plumbing
Monolithic Slab Framing 6,1,.Firtn1 Building triE
Formbcard Survey Roof Sheathing' Fire'Wall Screw(C)
Siab/Pre-pour I Dry-In' Poo Pressure
Driveway (PW) _— Insulation Foci Stee'lgroung
Driveway ;BLDG) Above Ceiling Pool Bond
Stem Wall Steel } Rough-in Piping Deck Steel
Footing + _ — Rough Gas Light Bonding
— j
Fooling G,nd/LIFER 2,0 Rough Plumb Pod Barrier
T
Lintel/Stem Wall Rough Electric Finial Pool
Pilings Rough HVA Sewer Tap(QUA)
Trusses BucluWindow/Doors Elevation Certlif flood zone
—
Underfloor Plumbing Final Gas Elec Svc/Power Rel.
Underfloor Electric Final Electric Other
Underground Plumb Final HVAC" Other
Underground Elec.
COMMENTS:
"Photos and Affidavit accepted in lieu of these inspections &must be included with Permit Card on site.
"*Mechanical Affidavit provided upon Final Inspection &must be included with Permit card on site.
FS 713.135 FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS TO YOUR PROPERTY. THE NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE
JOB SITE BEFORE THE FIRST INSPECTION.
Issued by: C t>9 .�(
Dated: Z —5-- Z`4".
Exhibit 1
LI v CITY OF OKEECHOBEE
• „"' BUILDING PERMIT FEE CARD
Permit Number: 2402045
�_. Parcel ID: I 3-15-37-35-0010-00240-00I0 —
Issue Date: 2/05/2024
Expiration Date: 1 8/04/2024
Zoning Type: -� Site Address: 1109 NW 9TH AVE
Permit Type: SHED " Contractor: OWNER BUILDER
Issued to: KERRI OTHMER j Contractor License:
Property Use: 1 Contractor Phone:
Description of Work: SHED I 0X20
NOTICE: This permit expires in 180 days if work has not commenced,or it has been over 180 days since the last
approved inspection.
/
A3 RES BLDG ACCESSORY 75 00 _ -'
STRUCTURE ( � ''
L f
DBPR DEPT OF BUS & PROF 2.00 A
� .�\ f�
REC; '.
i'
DCA DEPT OF COMM 2.00 i
AFFAIRS
FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN PAYING TWICE FOR IMPROVEMENTS To YOUR
PROPERTY THE NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
INSPECTION.
PRINT DATE: 2/06/2024 BUILDING OFFICIAL:
Exhibit 1
CITY OF OKEECHOBEE
-t BUILDING PERMIT AND INSPECTION RECORD CARD
This card must be posted and visible from the closest street until certificate of occupancy or completion is issued.
Note: Failure to call for final inspection could result in code violation
INSPECTIONS ARE NOT SCHEDULED ON FRIDAY ONLY MONDAY THRU THRUSDAY.
Permit Number: 2402045 Parcel ID� 3-15-37-35 0010-00240-0010
Issue Date: 2/05/2024 Expiration Date: 1i103i2024
Zoning Type: Site Address: 1109 NW 9TH AVE
Permit Type: SHED Contractor: OWNER BUILDER
Issued to: KERRJ OTHMER Contractor License:
l Property Use: Contractor Phone:
Description of Work: SHED 10X20
NOTICE: This permit expires in 180 days if work has not commenced,or it has been over 180 days since the last
approved inspection.
FOR INSPECTION CALL 863-763-9821 BY 4:00 PM. 24 HOURS NOTICED REQUIRED. INSPECTIONS ARE NOT
SCHEDULED ON FRIDAY ONLY MONDAY THRU THURSDAY.
Phase Date Inspector Comment
SHD-FINAL
'Photos and Affidavit accepted in lieu of these inspections&must be included with Permit Card on site. **Mechanical Affidavit provided
upon Final Inspection&must be included with Permit card on site. FS 713.135
FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN PAYING TWICE FOR IMPROVEMENTS TO YOUR
PROPERTY.THE NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON 1-11E JOB SITE BEFORE THE FIRST
INSPECTION.
PRINT DATE: 2/06/2024 BUILDING OFFICIAL:
m Exhibit 1
p 3 m o WA -- ZnN Di- v P1P O to
A a p n Q D mto 3� N4-I mrZial o nnn"4 O
z o A r Z A 14p4 Zr AAm z£D m .0c•
r
D
oll RI DmD O P Ulm Zmtn mAA -1 OQON 0
n i-c^ r C O a� • iZ -PIN m
A t,c C Z� map DAO in OO�D ih
n r a A fA Ul <m UI m 'a Z 10 A
r 0 ''aa W N I0 A4 < ZPI IY - �rVr'�W V
z O 0 !� 0£ a 1 0 m D I
"� IP0�• N Z a �I P Z mro GOB c7 m�mm G
aci '1Q1ZD Q ZO Im_ m-I Z y�Z,O z
a •<°woN �m a DI _m PI DD= 0 O0Ln
Y 5;cl'c ,),A W _. A, oo 7]{m m alfl--1
7 u7aalnei. • mA Z rA 0 m� N
mmmccAnX p - pf pI �-� t'i- 1-
n <9c� 0 n
�m.y o - D� f� �mZ m
Si 1 ZN�:7'9i-, 0 0 -I PI rm -1 0, 0Db-
npy Y>I, O D DO I.1A Z�mfl
nY_anno C 2 Zr mZ O m impm
< III.,(:1<c° N •o Or r- QZm •
1N n
0 I>".to'm as J itn "ED ,t.�biO
Z Zar[in Q �z�11 { ��m rC m
yAnac.*^ D 0 L1 p rl
"MARL n C' I N -I 'p 0 Am m
A��oy 00 C
._ zp22 f.FQ C A ri p on
ozb" u m A Z
fI p r a 2 I 0 N
C v o
�) f s n,Y
;orp oo° -: NORTH
QR 9 L
m )IY-Inp01
o
'w� �0
X "a r2
m�m ar e
r A, a
16
.r
N CO'I 9'36•W 150.07'ICI ISO t At _ 1
m D n z :� x9 t�
6 7 m 0 ~ ,t_ fi �4 y Yb
AD 5 �c 1
ix) m ,o% z
m - m — 12 R IZ
- { o a
.11
_ > 0U7 RP on �_ rJ _
P
m Z C se ! C •--, r �e�i� r c sr=
a 4A2 S 1�
n r -�( a umi z- • L ill.;
1 a o (r' r
(l S $ o
U E
N 0a F
C Y // ,,•
n=
et
z y w i
+Qj cw s o� 19':lD'e 150.�a'(Ca ,sciQl � -1
J ti iw F� I/ ;�I ' WEARING en6C7 _ c- 1' -
=45
{1 0? - o I Hw, . AVENUE .. ^-- .. _. __. _ —_
4aI t—_—"-�r_Irv�ci�e 14ita,—
'..,A.. nA O ` � _
t7 + 7e ' ew y.Y...'
Ut
IA
. 1.
1
•
ukHhHIu
A so c h 1 � .
� co
U
p0G `C p ' m c # �p cf),ft p , 5.'4 q i ‹ - 0 e mi. 0 w
rra
JI rih
G, aa°+ dw in i1Z
p, n ro rf - O•- -1 .:w
1 c Neanno oes ,v a Q
o H comic " ' 1a; o L. 041
Irl
ow
►� K f- - y O Rai 'v�i 'D N o pT
r 0
W d [�
C D * xr
.Ca -a _'1 D - P; w '
3` ( •_r u Av tit d M sr
e#' CD "h 'J_ G ; _ ♦'fir t.
— 4.,,,.t_At
3,w
5,9� # _i .y;Af, ?' .4 ��a��H .r'L, -..
Exhibit 1
Date:September 9,2023 Lease Purchase Agreement
Lease Customer/Lessee: KERRI M OTHMER
Physical Address: 1109 NW 9TH AVE OKEECHOBEE,FL 34972-2033
Lessor: RTO NATIONAL
Address: PO BOX 9759,GREENVILLE,SC 29604
Phone: 877-577-2034,Fax: 888-598-5199
In this Agreement, "we,"' ts,"and"our"refer to RTO NATIONAL, as Lessor. "You"and "your"refer to the Lease Purchase Customer/Lessee.
"Property"refers to the lease property. "Agreement"refers to this lease purchase agreement. We are leasing to you and you are leasing from
us the property described in Item 1.
1.Description of the Properly.Size: 10X20,Model:Cabin,Color(s):Tan&White,Condition:Pre-Owned,Cash Price:$6,900.00 plus tax,
$483.00 equals$7,383.00
2.Customer Reserve Account(CRA).(Optional)if you choose,you can reduce the amount of your monthly lease payment by depositing money
into your CRA.If you deposit N/A,this will reduce your lease payment from:
Monthly lease payment plus optional LDW Fee plus tax Total
w/o CRA$319.44 $7.95 $22.36 $349.75
with CRA N/A N/A N/A N/A
You can apply your CRA to your Early Purchase Option(Item 7).If the Property is retrieved or returned,we will return the money in your CRA,
if applicable,less any amount you still owe us as of the date of return,within 20 days.
3.Lease Tenn.The term of this Agreement is one month.This Agreement begins on the dale of delivery and expires one month from the date of
delivery.You can renew this Agreement at your option for additional one-month terms by making a lease renewal payment on or before the date
this Agreement expires("Renewal Date").
4.Total Initial Payment.Lease Payment,$319.44;plus Optional LDW Fee(Item 10),$7.95;plus Security Deposit(Item 8),$0.00;plus
administrative fee,$15.00,this is the fee for processing the work order for the Property,arranging for delivery,and for setting up your rental
account with us;plus tax,$22.36;Total Initial Payment,$364.75.
ADDITIONAL TERMS AND CONDITIONS
5.Lease Payments and Other Charges. One monthly lease payment is$319.44 plus Optional LDW Fee(item 10)of$7.95 plus tax of$22.36 equals
$349.75.Your first payment is due on the date the Property is delivered.At the end of each monthly period,you can(I)continue leasing by making a
timely lease renewal payment;(2)terminate this Agreement by returning the Property to us;or(3)purchase the Property by exercising your Early Purchase
Option(item 7).To continue leasing the Property you must make another lease payment for each additional monthly term in advance.if we do not get a
lease renewal payment by the 5th day after the Renewal Date,you must pay a late charge of$5.00.
You agree to pay to us a$25.00 fee for each time your check is returned by your bank for any reason without being paid.If your check bounces,then you
must make all future payments from guaranteed funds,cashier's check or money order,rather than by personal check.
If your check is returned for nonsufficient funds,your account will be debited electronically for both the face amount of the check and returned check fees
without notification to you.You are also liable for any personal property taxes that are levied on the Property.
If we send a truck to pick up the Property after your failure to renew this Agreement,and you make a payment instead of returning the Property,you must
pay us$200.00 plus the renewal payment as a trip charge.
Convenience Fee:$4.95.if you choose to make a lease or other payment with a credit or debit card over the phone,you must pay this fee to cover our
increased costs for such payments.
Taxes are subject to changes in the applicable tax rate.
6.Lease Ownership.if you make 36 monthly lease payments plus the amount in your CRA,if applicable,for a Total of Payments of$11,514.84(including
the Administrative Fee,but not including sales tax,other charges or fees),and otherwise comply with this Agreement,you will acquire ownership of the
Property,and we will give you a paid receipt. .
• • 7:Early Purchase Option:You can purchase the Property at anytime by paying us as follows:the total of all remaining lease payments for ownership(not
including any fees or taxes)times 65%,plus sales tax,plus the amount in your CRA,if applicable.
You must be current on all obligations-in this Agreement to exercise your Early Purchase Option.You will obtain ownership unless you pay the Total of
Payments or exercise your early purchase option and comply with all other terms of this Agreement.
The Total of Payments does not include other fees and charges like tax,LDW or late fees.This Agreement may impose charges in addition to the Total of
Payments.You should read the Agreement for an explanation of these charges.
8.Security Deposit.When you siaii this Agreement you must pay us;.asecuritysdeposit of$0.00 which we will hold as security for the.performance of your
obligations under this Agt;eement.We.will refund this deposit(less amounts we take to cure any defaults by you).without interest,within 20 days after this
Agreement terminates and you return the Property to us or you obtain ownership of the Property.We may use the deposit to apply towards any breach by
you of the terms of this Agreement,and if we do so,you must restore the deposit to its original amount upon demand.
RTON Ft i nacr.Pnrrhace Aarrrmrnt rry I I M Pnor 1 of t
Exhibit 1
9.Risk of Loss and Damages.You arc fully responsible for the Property while it is in your possession.You arc liable for loss of or damage to the Property
in excess of normal wear and tear from all causes.Your liability will be the fair market value of the Property on the date of loss or damage.You can cover
some of your liability for loss or damage by choosing our Liability Damage Waiver(LDW).If you do not choose our LDW,you must,at your expense,
obtain insurance on the Property for its Cash Price and the policy must name us as a loss payee.You must send us a certificate of insurance prior to delivery
of Property.
10.Liability Damage Waiver(LDW)(OPTIONAL). You can cover some of your liability by choosing this option.If you elect LDW and pay the fee,you
will not be liable if the Property is lost or damaged due to fire,flood,theft,storm,or other Act of God.To claim LDW for theft,you must provide us a
police report within 48 hours of the incident.The LDW dots not cover mysterious disappearance or loss or damage due to you or your family's intentional
or negligent conduct.You must be current on all lease and other payments due to us to claim LDW.You can cancel LDW by not paying the fee.We can
cancel by giving you 30 days written notice.
11.Maintenance and Alterations.You arc responsible for maintaining or servicing the Property while it is being leased.You must notify us immediately if
the Property is damaged and send us written records of any repairs.We will assist you if any maintenance or service required on the Property is covered by
a manufacturer's warranty.You cannot allow the Property to be altered in any way,including the addition of equipment or accessories to the Property or
placing any signs on it.You cannot allow the Property to be affixed to real estate in a way that it cannot be removed without damage.
12.Termination.You can terminate this Agreement at any time by returning the Property to us or arranging with us for its return and paying all amounts
due to us on the date of termination.Tf you terminate,you agree to return the Property to us in the same condition it was in on this date,normal wear and
tear excepted.If you terminate,you will still owe us any past-due lease payments,and you will continue to owe lease payments until you return the Property
to us.We can terminate this Agreement if you breach any of its terms.
13.Reinstatement.If you fail to make a timely renewal payment,this Agreement automatically terminates(Item 3).However,you can reinstate it without
losing any rights or options previously acquired by returning the Property to us as soon as we ask you to.Then,you will have 60 days from the expiration of
the last rental period for which you made your payment on time to reinstate by making all payments due.If you reinstate,we will provide you with the same
Property or property of comparable quality and condition.
14.Location of Property.You acknowledge that you must fulfill your responsibilities outlined in any dealer documentation,including obtaining any
necessary permits,preparing and ensuring access to the installation site,laying the foundation,and any other logistical prerequisites to installation.You must
keep the Property at the location listed above as your physical address.It is a breach of this Agreement if you move the Property without our prior written
consent.If you sell,or become aware of a possible or pending sale of,the real estate at which the Property is installed pursuant to this Agreement,you
hereby agree to personally,or through your real estate agent,inform the purchaser in advance of closing and within the agreement of purchase and sale,that
the Property is leased personal property of Lessor and will remain such subsequent to the contemplated sale.Notwithstanding the foregoing,you shall remain
liable under all conditions of this Agreement.
15.Access Easement.For as long as you arc in possession of the Property and until you obtain ownership,you grant us an access easement at the address
where the Property is located so that we can deliver the Property and retrieve it when this Agreement terminates.You must not place any obstructions that
would keep us or our agents from removing the Property if you do not renew this Agreement,and you agree that you will not hold us or our agents
responsible for any damages or losses if we have to remove any obstructions to recover our Property.You also grant us or our agents,employees,and
vendors the right to inspect the Property at all reasonable times.
16.Use of the Property. You cannot allow the Property to be used for any unlawful purpose.If applicable,you cannot allow any person or any animal to
live in the Property.
17.Contents.If applicable,we will not be liable to you or to anyone else for any loss of or any damage to any contents located in the Property while you are
in possession of the Property.If this Agreement terminates for any reason,you must remove all contents from the Property before returning it to us.We will
not be responsible to you or to anyone else for any loss of,damage to or destruction of any contents in the Property resulting from our retrieval of the
Property after this Agreement terminates for any reason.We are not in the warehouse business,and we do not have custody or control of the contents of the
Property.If the Property is not empty when we recover it,we may hold the contents at your sole risk for 15 days for you to claim them.After that,if we
choose,we can keep any contents still left in the Property,deem them abandoned by you and keep them without paying you anything.If we do not choose to
keep the contents,we will discard them at your expense.
18.Our Rights to Take Possession. If you do not renew this Agreement or if you breach this Agreement,we have the right to the immediate possession of
our Property,subject to your reinstatement rights.If we incur costs and expenses to enforce the terms of this Agreement because of a breach by you or by
your agents,servants,or employees,including the retrieval of our Property,you will be liable for all of our reasonable costs and expenses,including
reasonable attorney's fees and court costs,if permitted by state law.
19.Condition of Property and Warranty.You agree that you have examined the Property,know its condition,and have agreed to lease it in"As is"
condition.We do not make any representations,warranties,or promises of any kind or nature,either express or implied,as to the condition,quality,
suitability,or fitness for a particular purpose of the Property.However,if any part of a manufacturer's warranty covers the Property at the time you acquire
ownership,the warranty will be transferred to you,if allowed by the teems of the warranty.
20.Personal Property.The Property leased is,and shall at all times remain,personal property,notwithstanding that it or any part of it may now be or in the
future may become,in a manner attached to,embedded in,or permanently resting on,real property or any building on real property,or attached in a manner
to what is permanent as by means of cement,plaster,nails,bolts or-screws.
21.Forbidden Acts.You cannot scU,mortgage,pawn,pledge,encumber:hock or dispose of the Property.You cannot move the Property from your
physical address listed above without our consent:You cannot assign your rights in this Agreement without our prior written consent.You cannot provide
false or misleading'information in connection with this'Agreement.Each of these acts is a breach of this Agreement.
22.Venue.You agree that if a dispute arises under this Agreement or concerning the Property in any way,you will submit to the jurisdiction of the state
where you live.
.
RTf1N PT T ence.Pnrrhacr Aorrrmrni rev 11/)) Pam-`1 of 4
IX. ADJOURN MEETING
BE ADVISED that should you intend to show any document, picture, video, or items (collectively, "materials")to the Special Magistrate
in support or opposition to any item on the agenda, a copy of the materials must be provided to the Code Enforcement Secretary for the
City's records. You will be required to sign a form certifying that all personal information has been redacted from the materials
you wish to provide.
ANY PERSON DECIDING TO APPEAL any decision made by the Special Magistrate with respect to any matter considered at this
meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which
the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation
to participate in this proceeding should contact the Code Enforcement Office in person or call 863-763-9795, Hearing Impaired: Florida
Relay 7-1-1 no later than four business days prior to proceeding.
Page 2 of 2
Exhibit 1
23.ARBITRATION PROVISION:
This Arbitration Provision significantly affects your rights in any dispute with us. Please read this Arbitration Provision carefully
before you sign this Agreement.
• EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN
COURT.
• IF A DISPUTE IS ARBITRATED,YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A
JURY TRIAL.
• IF A DISPUTE IS ARBITRATED,YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE
OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US.
• THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS
GENERALLY MORE LIMITED THAN IN A LAWSUIT.
. • OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE iN ARBITRATION.
Any claim or dispute,whether in contract,tort or otherwise(including the interpretation and scope of this clause and the arbitrability of
any issue), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to this
Agreement or any resulting relationship(including any such relationship with third parties,such as an assignee of the Agreement)shall,
at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court action.
Any claim or dispute is to be arbitrated on an individual basis and not as a class action.You expressly waive any right you may have to
arbitrate a class action.This is called the"class action waiver."
You may choose the applicable rules of either the American Arbitration Association ("AAA"), JAMS, or another arbitration
organization, subject to our approval. You and We waive the right to require the other party to arbitrate an individual claim if the
amount sought for recovery qualifies as a small claim under applicable law.You may obtain a copy of the rules of the AAA by visiting
its web site(www.adr.org)or of JAMS by visiting its website(www.jamsadr.com).You can also refer to the websites to learn how to file
for arbitration.
The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules of the chosen
arbitration organization.The arbitrator shall apply substantive governing law and the applicable statute of limitations.The arbitration
award shall be in writing. The arbitration hearing shall be conducted in the federal court district in which you reside, or such other
place convenient to you as required by the rules of the chosen arbitration organization.If you demand arbitration first,you will pay the
filing fee if the chosen arbitration organization requires it.We will advance and/or pay any other fees and costs required by the rules of
the chosen arbitration organization.
The arbitrator's award shall be final and binding on all parties,subject to a limited right to appeal to the extent allowed by the Federal
Arbitration Act.The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any
of your claims is frivolous.
This Arbitration Provision relates to an agreement that evidences a transaction involving interstate commerce. Any arbitration under
this Arbitration Provision shall be governed by the Federal Arbitration Act(9 U.S.C.§ 1 et.seq.).
Neither you nor we waive the right to arbitrate by exercising self-help remedies,filing suit,or seeking or obtaining provisional remedies
from a court.Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
You may reject this Arbitration Provision it'you notify us of your rejection in writing by U.S.Mail to RTO National Attn: Arbitration
Rejection P.O.Box 9759 Greenville,SC 29604.To be valid, the envelope containing the rejection must be postmarked within 5 days of
the date of this Agreement.
If any part of this Arbitration Provision other than the Class Action Waiver is found by a court or arbitrator to be unenforceable,the
remainder shall be enforceable.If the Class Action Waiver is found by a court or arbitrator to be unenforceable,the remainder of this
Arbitration Provision shall be unenforceable.This Arbitration Provision shall survive the termination of any contractual agreement
between you and us,whether by default or payment in full.
•
RTf1N FT T.race Pnrrhace.A areernrnl rev 1107 Pave 1 of A
Exhibit 1
24.Entire Agreement.This Agreement sets forth the entire agreement between you and us and may not be changed except in writing signed by
both parties.
25.Effect of Signing.By signing this Agreement,you agree that:
a.You have read and understand this Agreement.
b.You have been given a signed and legible copy with all blanks tilled g. You agree that we or our agents can contact you regarding your
in.
account by email, by telephone, including cell phones, or text message
c.You have received the Property in good condition. at any number(s) you have given us or that you give us in the future,
even if you are charged for the call.
d. You acknowledge that we have the right to assign this contract to a h. You also agree that we can contact you using automatic dialing,text
third party.
messaging, email messaging, or with prerecorded messaging. You
e- You agree that a facsimile copy or a copy with an electric signature certify that the number(s) you have given us are for phone(s) that
will serve as an original Agreement.
f.You agree that we can contact your employer and references in order belong to you. You also agree that we can contact you on Twitter,
Facebook,or other social media.
to reach you.
26.Binding effect.This Agreement is binding upon both parties and their heirs,successors,and assigns.
NOTICE: If you default,you will be liable for lease payments,late charges and other fees under this Agreement until we recover
possession of the Property.
NOTICE TO THE LESSEE: (a)Do not sign this lease-purchase agreement before you read it or if it contains any blank spaces. (b)You
are entitled to an exact copy of the lease-purchase agreement you sign.Keep it to protect your legal rights.You acknowledge that you
have been given a signed and legible copy of this Agreement with all blanks filled in.
LESSOR: RTO NATIONAL LEASE CUSTOMER/LESSEE:
Signature: Signature:
tC� StAte,Sheets, 1 i(ehAt,j1,1 Otlzl1Left,
Date: 09/09/2023 Date: 09/09/2023
Name:KERRI M OTHMER
Mid-State Sheds,LLC
Authorized Representative
BY:AMAZON SHEDS AND CARPORTS LLC
For RTO NATIONAL
T TAN FT I race Pnrrhace Aorrrmrni rev 1 I/1/ Anon A elf A
Exhibit 1
129
CITY OF OKEECHOBEE CODE ENFORCEMENT
MARCH 12, 2024, SPECIAL MAGISTRATE HEARING
= „ OFFICIAL MINUTES
CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, March 12, 2024, at 6:03 P.M. in the City Council
Chambers, located at 55 Southeast (SE) 3rd Avenue (AVE), Room 200,
Okeechobee,Florida(FL).The Pledge of Allegiance was led by Special Magistrate
Azcona.
II. ATTENDANCE
Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger
Azcona,Esquire, and Code Enforcement Officer Anthony Smith were present.City
Attorney Greg Hyden attended via Zoom.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be
added, deferred, or withdrawn; there were none.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
February 13, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, Mr.
Steve Dobbs, Ms. Ruby Minton, and Mr. Ricardo Lane; all affirmed. Code
Officers Smith and Curl stated for the record all events regarding the cases
to be discussed occurred within the corporate limits of the City of
Okeechobee. The Officer's notes, testimony, photographs, and support
documents were all entered as part of the official record.
V. FINE REDUCTION REQUESTS
A. Case No. 230719011, Blue Spring Holdings LLC, Northeast (NE) 9th AVE,
Okeechobee [Legal Description: Unplatted lands of the City the Southwest (SW)
quarter of the NE quarter and North(N)half of the Northwest(NW)quarter of the SE quarter
South(S)of the Sal Railroad(RR)right-of-way(ROW),SW quarter of the NW quarter of the SE
quarter,the SE quarter of the NW quarter of the SE quarter,N half of the NE quarter of the SW
quarter, and the S half of the NE quarter of the SW quarter lying East (E)of Taylor Creek,
fractional NW quarter E of Taylor Creek and S of the Sal RR;and all that portion of land located
in the NE quarter of the SW quarter and the SE quarter of NW quarter; S of the Sal RR in
Section 15, Township 37 S. Range 35 E, that lies E of Taylor Creek improved channel as
recorded in Plat Book(PB)3,Page(PG)29.public records of Okeechobee County,FL less and
except:a portion of the SE quarter and a portion of the SW quarter of Section 15,Township 37
S.Range 35 E,Okeechobee County,FL and being described as follows commencing at the
quarter corner on the S line of said Section 15,bear N 00°10'04"E along the quarter section
line a distance of 1399.41-feet(ft)to the point of beginning(POB)thence bear N 89°25'18'E
along a line 80.00-ft N of and parallel to the S line of the N half of the S halt of said Section 15,
a distance of 673.21-ft to the E line of the SW quarter of the NW quarter of the SE quarter of
said Section 15;thence bear N 00°11'25"West(W)along the aforesaid E line a distance of
450,00-ft, thence bear S 89°25'18"W a distance of 873.03-ft, thence bear S 00'10'04" E a
distance of 83.36-ft thence bear S 89'25'18"W a distance of 119.60-ft to the Easterly shore line
of Taylor Creek;thence bear the following courses in a Southerly direction along the Easterly
shore line of Taylor Creek as follows: S 36°59'52" E a distance of 70.15-ft. S 26°01'09" E a
distance of 49.01-ft;S 20°22'54"E a distance of 24.40-ft;S 09°48'57"E a distance of 23.52-ft;
S 02°45'22" E a distance of 49.28-f; S 0°20'24" E a distance of 49.34-ft. S 02°34'03" W a
distance of 76.66-ft,S 00°53'25"W a distance of 44.65-ft;thence bear N 89°25'18"E a distance
of 245.92-ft to the POB and less the following parcel containing one acre,more or less a parcel
of land lying in the NW quarter of the SE quarter of Section 15,Township 37 S,Range 35 E,
Okeechobee County, FL.being more particularly described as follows'commence at the SE
corner of said NW quarter of the SE quarter of Section 15,thence proceed S 89°21'13"W along
the S line of said NW quarter of the SE quarter a distance of 70.00-ft to the PUB, thence
continue S 89'21'13"W along said S line a distance of 208.70-ft;thence departing said S line,
run N 00°20'48"W along a line parallel with the E line of said NW quarter of the SE quarter a
distance of 208.70-ft; thence departing said parallel line, run N 89°21'13" E, a distance of
208.70-ft,thence run S 00°20'48"E along a line parallel with and 70.00-ft W of(as measured at
right angles to)the aforesaid E line of the NW quarter of the SE quarter of Section 15,a distance
of 208.70-ft to the POB, Okeechobee County public records],
March 12.2024, Special Magistrate Hearing, Page 1 of 5
Exhibit 1
130
V. FINE REDUCTION REQUESTS CONTINUED
A. Case No. 230719011: CONTINUED: Code Officer Smith testified that the
property was found in violation of Code of Ordinances Chapter 30. Sections
30-43 Public nuisances. 30-44 General cleaning and beautification on
September 12, 2023,where a fine in the amount of$100.00 per day starting
21-days after the date of the Hearing, plus a one-time $100.00
administrative fee was imposed. The property was inspected and found to
be non-compliant on October 3. 2023.and the imposed fine began accrual.
After the fine accrued for 90-days, a letter was mailed via United States
Postal Service (USPS) certified return receipt. The notice was received on
January 20, 2024. The property was brought into compliance on February
2, 2024, with a fine balance of $10,100.00, plus a $100.00 administrative
fee due. Mr. Gad Reggev submitted a request for a fine reduction on
February 6. 2024. The property was inspected and found to be compliant
on February 7, 2024. A Statement of Violation/Notice of Hearing
(SOV/NOH) was mailed via USPS certified return receipt on February 12,
2024. The notice was delivered, left with individual on February 15, 2024.
Mr. Dobbs, on behalf of his client appeared before the Special Magistrate
and conveyed his explanations and reasonings for why the property
remained in violation for an extended length of time and requested that the
fine be reduced due to the circumstances. The City recommends a fine
reduction of 50 percent, plus a $100.00 administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to
reduce the fine by 50 percent, plus a $100.00 administrative fee and
for the property owner to make a reasonable effort to make payment
arrangements with the Code Enforcement Staff.
B. Case No. 230918005: Freddie L. and Ruby L. Minton, 302 NE 8'" AVE,
Okeechobee [Legal Description: Lot 17, RIVER RUN RESORT, PB 6, PG
18, Okeechobee County public records].
Code Officer Smith testified that the property was found in violation of Code
of Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54,Sections
54-81 Use as a residence. 54-84 Parking in residential district on October
10, 2023, where a fine in the amount of$150.00 per day starting 21-days
after the date of the Hearing, plus a one-time $100.00 administrative fee
was imposed. The property was inspected and found to be non-compliant
on November 6, 2023, and the imposed fine began accrual. The property
was brought into compliance on November 15, 2023 with a fine balance of
$1,050.00, plus a$100.00 administrative fee due.A Compliance Letter was
mailed via USPS regular mail on November 27.2023 and via USPS certified
mail on December 11, 2023. The notice was received by Ms. Minton on
December 14, 2023. Ms. Minton submitted a request for a fine reduction on
January 4, 2024. The property was inspected and found to still be in
compliance on February 7, 2024. A SOV/NOH was mailed via USPS
certified return receipt on February 13, 2024. The notice was received on
February 15, 2024. the signature was not legible. Ms. Minton appeared
before the Special Magistrate and conveyed her explanations and
reasonings for why the property was non-compliant and requested that the
fine be reduced due to the circumstances. The City recommends a fine
reduction of 50 percent, plus a $100.00 administrative fee.
Based on the evidence provided. Special Magistrate Azcona ruled to
reduce the fine by 50 percent, plus a $100.00 administrative fee and
for the property owner to make a payment arrangement with the Code
Enforcement Staff.
VI. REPEAT VIOLATORS
A. Case No. 24219005: Sam Lane c/o Richard Roberts, NW 10'" Street(ST),
Okeechobee [Legal Description: Lots 1 and 2 of Block 41, CITY OF
OKEECHOBEE, PB 2. PG 17, Okeechobee County public records].
March 12, 2024, Special Magistrate Hearing. Page 2 of 5
Exhibit 1
131
VI. REPEAT VIOLATORS CONTINUED
A. Case No. 24219005; CONTINUED: Code Officer Smith testified that the
property is in violation of Code of Ordinances Chapter 30, Sections 30-41
Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning and
beautification.The respondent is a repeat violator.A SOV/NOH was mailed
via USPS certified return receipt on February 20, 2024. The City has not
received the SOV/NOH nor the receipt signature card as of the date of this
Hearing. A Notice to Appear was posted on the property and the Public
Notices Board at City Hall on February 22, 2024. The property was
inspected and found to be non-compliant on March 5,2024.To comply with
City Ordinances, the property owner needs remove all the trash,
junk/debris, and the disabled vehicle from the property. Mr. Lane appeared
before the Special Magistrate and conveyed his explanations and
reasonings for why the property was non-compliant and requested more
time to bring the property into compliance due to the circumstances. The
City recommends in accordance with the fine schedule a fine of $100.00
per day, to begin on March 13, 2024, unless the property owner brings the
property into compliance on or before that date, plus a $100.00
administrative fee.
Based on the evidence provided, Special Magistrate Azcona ruled to
defer Case No.240219005 to the next Special Magistrate Hearing.
VII. NEW CASES
A. Case No.240207016; Carl Christian Swope, 1010 SW 5th ST, Okeechobee
[Legal Description: Lots 13 and 14 of Block 9, SW ADDITION TO
OKEECHOBEE, PB 2, PG 7, Okeechobee County public records]. No
action on this matter was requested but is noted for the record to have been
in violation of Chapter 30, Section 30-41 Disabled vehicles, the property
was found to be in compliance on March 5, 2024, no Lien/Order was
recorded, no fine accrued.
B. Case No. 240207017; Sylvia Ingersoll and Manolo Anuez, 300 SW 21 st ST,
Okeechobee [Legal Description: S half of Lot 4, Lots 5 and 6 of Block 43;
Less S 7.5-ft of Lot 6 of Block 43, FIRST ADDITION TO S OKEECHOBEE,
PB 1, PG 17, Okeechobee County public records]. No action on this matter
was requested but is noted for the record to have been in violation of
Chapter 30, Section 30-41 Disabled vehicles, the property was found to be
in compliance on February 22, 2024, no Lien/Order was recorded, no fine
accrued.
C. Case No. 240208005;Anne M. Land, 500 NW 16'ST, Okeechobee [Legal
Description: Lot 1 and E half of Lot 2 of Block 69, CONNERS HIGHLANDS,
PB 1, PG 21, Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public
nuisances, 30-44 General cleaning and beautification,Chapter 54,Sections
54-81 Use as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a) Use of public sewers required. The respondent is not a
repeat violator. The respondent was first notified in person on February 8,
2024. The property was inspected and found to be non-compliant on
February 9, 2024. A SOV/NOH was hand delivered on February 09, 2024.
The property was inspected and found to be non-compliant on February 12,
2024. A SOV/NOH was mailed via USPS certified return receipt on
February 12,2024.The City has not received the SOV/NOH nor the receipt
signature card as of the date of this Hearing. A SOV/NOH was hand
delivered to Anne Land on February 27, 2024.The property was inspected
and found to be non-compliant on February 27, 2024 and March 5, 2024.
To comply with City Ordinances, the property owner needs to register and
tag the vehicle or remove the vehicle from the property. The City
recommends that the respondent be found in violation of Chapter 30,
Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44 General
cleaning and beautification,Chapter 54,Sections 54-81 Use as a residence,
March 12,2024, Special Magistrate Hearing, Page 3 of 5
132 Exhibit 1
VII. NEW CASES CONTINUED
C. Case No. 240208005; CONTINUED: 54-84 Parking in residential district,
Chapter 58, Section 58-72(a) Use of public sewers required. But no further
action at this time to give the respondent additional time to receive the hard
copy of the title to complete the sale of the car.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240208005 to be in violation of Code of Ordinances Chapter 30,
Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44
General cleaning and beautification, Chapter 54, Sections 54-81 Use
as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a)Use of public sewers required and deferred the matter
to the next Special Magistrate Hearing.
D. Case No. 240215002: Kerri Michael Othmer and Tammy Lynn Hogaboam,
1109 NW 9'h AVE,Okeechobee[Legal Description: Lots 1, 2, and 3 of Block
24, CITY OF OKEECHOBEE. PB 1, PG 10 and PB 5, PG 5, Okeechobee
County public records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification, Chapter 54, Section 54-81 Use as a residence,
Chapter 70, Section 70-251 Permit required.The respondent is not a repeat
violator,The respondent was first notified via Courtesy Card on January 15,
2024. The property was inspected and found to be non-compliant on
February 12, 2024. A SOV/NOH was mailed via USPS certified return
receipt on February 15, 2024. The notice was received by Mary Beth
Hogaboam on February 20, 2024. The property was inspected and found
to be non-compliant on March 5.2024.To comply with City Ordinances,the
property owners need to complete the permit process for the structure and
use the structure for what it was intended for The City recommends that
the respondent be found in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54, Section
54-81 Use as a residence. Chapter 70. Section 70-251 Permit required. But
no further action at this time and to defer the case to the next scheduled
hearing to allow the City General Services Department to complete the
permitting process.
Based on the evidence provided, Special Magistrate Azcona found Case
No. 240215002 to be in violation of Chapter 30, Sections 30-43 Public
nuisances, 30-44 General cleaning and beautification, Chapter 54,
Section 54-81 Use as a residence, Chapter 70, Section 70-251 Permit
required and deferred the matter to the next Special Magistrate
Hearing.
VIII. COMPLIED CASES
A. Case No. 240116019; Charles E. Holt, 1010 SW 111h AVE, Okeechobee
[Legal Description: Lots 19 and 20 of Block 22, SW ADDITION TO
OKEECHOBEE, PB 2, PG 7. Okeechobee County public records]. No
action on this matter was requested but is noted for the record to have been
in violation of Chapter 30, Sections 30-40 Junk,30-43 Public nuisances,30-
44 General cleaning and beautification, the property was found to be in
compliance on February 14, 2024, no Lien/Order was recorded. no fine
accrued.
IX. ADJOURN MEETING
There being no further business, Special Magistrate Azcona, adjourned the
Hearing at 7:42 P.M.
Roger Azcona, Special Magistrate
March 12,2024, Special Magistrate Hearing, Page 4 of 5
Exhibit 1
133
ATTEST:
nI
41, ' l_ i
Christina Curl, Code Enforcement Officer
Please take notice and be advised that when a person decides to appeal any decision made by the
Special Magistrate with respect to any matter considered at this Hearing,he/she may need to ensure
that a verbatim record of the proceeding is made,which record includes the testimony and evidence
upon which the appeal is to be based. Code Enforcement media are for the sole purpose of backup
for official records of Code Enforcement.
March 12,2024, Special Magistrate Hearing, Page 5 of 5
Exhibit 1
CITY OF OKEECHOBEE
't' F' ? 55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
: 0 ell'S S
Phone: (863)763-33 72
*:,, ,;,,A'` wwn��.citvofokeechobee.corn
Property: 1109 North West 9"' Avenue
Owner(s): Michael K Othmer, Tammy Lynn Hogaboam
Violation: Permit Issued in Error
To whom this may concern,
It was discovered that the above property has been issued a code violation for individuals
living in a Utility Structure that conflicts with the City of Olceechobee's Code of Ordinances.
As a result of the code violation, it was discovered that a permit for a utility structure was
issued by the building department without a principal structure on the property.
Therefore, the permit that was issued in now voided as authorized by seetion70-303
"Erroneous Issuance."
.. permit voided and written notification. Permit issued on the basis of incorrect
information on the application or in error, shall be voided. The applicant shall be notified
in writing that the permit is void ..."
.. legal action. If the error is not voluntary corrected, the matter shall be referred to the
code enforcement magistrate which shall take such legal action as necessary ...-
Please contact the Code Enforcement Office for further details of the code violations that is
filed against the above property.
Sincerely,
ri(d
(17,// , ''‘-‘'' e rs\ - _kr-q-- t----
''')
Jeffery C Newell Building Official Date: April 2, 2024
Cert. Mail: 7007 3020 0002 4779 8316
l 5y'
Exhibit 1
CITY OF OKEECHOBEE CODE ENFORCEMENT
APRIL 9, 2024, SPECIAL MAGISTRATE HEARING
'e OFFICIAL MINUTES
CALL TO ORDER
Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate
Hearing to order on Tuesday, April 9, 2024, at 6:00 P.M. in the City Council
Chambers, located at 55 Southeast (SE) 3rd Avenue (AVE), Room 200,
Okeechobee, Florida. The Pledge of Allegiance was led by Special Magistrate
Azcona.
II. ATTENDANCE
Code Enforcement Officer Christina Curl called the roll: Special Magistrate Roger
Azcona, Esquire.and Code Enforcement Officer Anthony Smith were present.City
Attorney Stephen Conteaguero attended via Zoom.
III. CHANGES TO AGENDA
Special Magistrate Azcona asked whether there were any agenda items to be
added, deferred, or withdrawn; Continued Cases Item V.B. was deferred to the
next scheduled Hearing.
IV. APPROVAL OF MINUTES AND ADMINISTRATION OF OATH
A. Special Magistrate Azcona dispensed with the reading and approved the
March 12, 2024, Minutes.
B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona
collectively administered an Oath to: Code Officers Smith and Curl, Mr.
Benjamin Falk, and Mr. Ricardo Lane;all affirmed.Code Officers Smith and
Curl stated for the record all events regarding the cases to be discussed
occurred within the corporate limits of the City of Okeechobee.The Officer's
notes, testimony, photographs, and support documents were all entered as
part of the official record.
V. CONTINUED CASES
A. Case No. 24219005; Sam Lane c/o Richard Roberts, Northwest(NW) 10,h
Street(ST),Okeechobee[Legal Description:Lots 1 and 2 of Block 41, CITY
OF OKEECHOBEE, Plat Book (PB) 1, Page (PG) 10, and PB 5, PG 5
Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-41 Disabled vehicles, 30-43 Public
nuisances, 30-44 General cleaning and beautification. The respondent is a
repeat violator, previous Case No. 210210008. A Statement of
Violation/Notice of Hearing(SOV/NOH)was mailed via United States Postal
Service (USPS) certified return receipt on February 20, 2024. The notice
was returned unclaimed on March 25,2024.A Notice to Appear was posted
on the property and the Public Notices Board at City Hall on February 22,
2024.The property was inspected and found to be non-compliant on March
5, 2024. To comply with City Ordinances, the property owner needs to
remove all the trash,junk/debris,and the disabled vehicle from the property.
Mr_ Lane appeared before the Special Magistrate and conveyed his
explanations and reasonings for why the property was non-compliant and
requested more time to bring the property into compliance due to the
circumstances.
The case was presented to the Special Magistrate on March 12, 2024, and
was deferred until the April 9, 2024, Hearing to allow the property owner
more time to bring the property into compliance. A SOV/NOH was mailed
via USPS certified return receipt on March 14, 2024. The City has not
received the SOV/NOH nor the receipt signature card as of the date of this
Hearing. A Notice to Appear was posted on the property and the Public
Notices Board at City Hall on March 14, 2024.
April 9,2024, Special Magistrate Hearing, Page 1 of 4
Exhibit 1
135
V. CONTINUED CASES CONTINUED
A. Case No.240219005:CONTINUED:The property was inspected and found
to be non-compliant on April 2, 2024. To comply with City Ordinances, the
property owner needs to remove all the trash,junk/debris, and the disabled
vehicle from the property. Mr. Lane appeared before the Special Magistrate
and conveyed his explanations and reasonings for why the property was
non-compliant and requested more time to bring the property into
compliance due to the circumstances. The City Staff recommends in
accordance with the fine schedule a fine of$100.00 per day, to begin on
April 10, 2024, unless the property owner brings the property into
compliance on or before that date, plus a $100.00 administrative fee.
Based on the evidence provided Special Magistrate Azcona found Case
No. 240219005 to be in violation of Code of Ordinances Chapter 30,
Sections 30-41 Disabled vehicles, 30-43 Public nuisances, 30-44
General cleaning and beautification and imposed a fine of$100.00 per
day plus a one-time$100.00 administrative fee should the property fail
to come into compliance within 14-days after the date of this Hearing.
B. Case No. 240215002, Kern Michael Othmer and Tammy Lynn Hogaboam,
1109 NW 9ih AVE,Okeechobee[Legal Description: Lots 1,2,and 3 of Block
24, CITY OF OKEECHOBEE, PB 1, PG 10 and PB 5, PG 5, Okeechobee
County public records]. As requested by Code Officer Smith, the case was
deferred until the next Hearing.
C. Case No. 230817007;Tanglewood LTD c/o A& M Properties, Inc.,420 NW
9ih ST, Okeechobee [Legal Description: Lots 7 to 20 Inclusive and alley
between said lots of Block 38, CITY OF OKEECHOBEE, PB 5, PG 5.
Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30. Sections 30-43 Public nuisances, 30-44 General
cleaning and beautification and International Property Maintenance Code
(IPMC) Chapter 3, Section 304.1 1 Unsafe conditions. The respondent is
not a repeat violator. A Courtesy Card was mailed via USPS regular mail
on July 19, 2023. The property was inspected and found to be non-
compliant on August 3, 2023 and August 17,2023.A SOV/NOH was mailed
via USPS certified return receipt on August 17, 2023. The notice was
received by Erin Wilson on August 21, 2023. The property was inspected
and found to be non-compliant on October 4, 2023. To comply with City
Ordinances the property owner needs to remove all the debris from the
property and repair/replace all the roofs on the buildings.
The case was presented to the Special Magistrate on October 10, 2023,
and found to be in violation of Chapter 30, Sections 30-43 Public nuisances,
30-44 General cleaning and beautification, IPMC Chapter 1 Section
304.1.1 Unsafe conditions. A fine of $100.00 per day, plus a one-time
$50.00 administrative fee imposed to begin 45-days after the Hearing
should the property fail to come into compliance. A Lien/Order was mailed
via USPS certified return receipt on October 26, 2023. The notice was
received by Erin Wilson on November 27, 2023. The City Staff received a
letter from Benjamin D.E. Falk, General Partner's Vice President. and CFO
with Tanglewood requesting a pause to the amounts already accrued and
to set new timelines for completion of the roofs on February 13, 2024. A
SOV/NOH was mailed via USPS certified return receipt on February 15,
2024. The notice was received by Erin Wilson on February 23, 2024. The
property was inspected and found to be non-compliant on February 27,
2024, and April 2,2024.To comply with City Ordinances the property owner
needs to replace the roofs on all buildings. Mr. Falk appeared before the
Special Magistrate and conveyed his explanations and reasonings for why
the property was non-compliant. He requested additional time to bring the
property into compliance due to the circumstances.
April 9, 2024, Special Magistrate Hearing, Page 2 of 4
136 Exhibit 1
V. CONTINUED CASES CONTINUED
C. Case No. 230817007, CONTINUED: The City Staff recommends in
accordance with the Special Magistrate's order issued on October 10,2023,
that the Lien/Order be recorded in public records with an accrued lien
balance of$13,750.00 due to failure to comply with the order.
Based on the evidence provided,Special Magistrate Azcona ruled for the
Lien/Order to be recorded in public records with a lien balance of
$13,750.00 and for the City Staff to make a follow-up recommendation
for the roof repair timeline and the delay of fine accrual.
VI. NEW CASES
A. Case No. 240215003; Rebecca Bodey and Christina A. Rutherford, 501 SE
61" ST, Okeechobee [Legal Description: Lots 20 and 21 of Block E,
CENTRAL PARK, PB 2, PG 39, Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-43 Public nuisances. 30-44 General
cleaning and beautification, IPMC Chapter 3, Section 304.1 General. The
respondent is not a repeat violator.A Courtesy Card was mailed via USPS
regular mail on August 17, 2023.The property was inspected and found to
be non-compliant on February 12,2024.A SOV/NOH was mailed via USPS
certified return receipt on February 15, 2024. The notice was returned on
March 8, 2024. The property was inspected and found to be non-compliant
on March 11, 2024. A SOV/NOH was mailed via USPS regular mail, and A
Notice to Appear was posted on the property and the Public Notices Board
at City Hall on March 14, 2024. The City Staff received a contract for the
sale of the property on March 28, 2024. The property was inspected and
found to be non-compliant on April 2,2024.To comply with City Ordinances,
the property owner needs to remove the trash/debris and complete the
maintenance to the exterior of the home. The City Staff recommends
deferring the case to the next scheduled hearing to allow the new property
owner a reasonable amount of time to bring the property into compliance.
Based on the evidence provided, Special Magistrate Azcona ruled to
defer Case No. 240215003 to the next Special Magistrate Hearing, May
11, 2024.
B. Case No. 240314003; Donald A. Hayes, Jr., and Crystal L. Staton, 1002
NW 6"'ST, Okeechobee [Legal Description: Lot 17 and West half of Lot 18
of Block 17, NORTHWEST ADDITION TO OKEECHOBEE, PB 1, PG 25,
Okeechobee County public records].
Code Officer Smith testified that the property is in violation of Code of
Ordinances Chapter 30, Sections 30-40 Junk, 30-41 Disabled vehicles, 30-
43 Public nuisances, 30-44 General cleaning and beautification. The
respondent is not a repeat violator. A Courtesy Card was mailed via USPS
regular mail on February 14, 2024. The property was inspected and found
to be non-compliant on March 11,2024.A SOV/NOH was mailed via USPS
certified return receipt on March 14, 2024. The notice was received by
Crystal Staton on March 20, 2024. The property was inspected and found
to be non-compliant on April 2, 2024. To comply with City Ordinances, the
property owner needs to remove all the trash and debris from the property,
pressure wash the exterior of the home, remove the disabled vehicle from
the alleyway and register the vehicle.cut the overgrown vegetation from the
rear of the home. The City Staff recommends in accordance with the fine
schedule a fine of $50.00 per day, to begin on April 10, 2024, unless the
property owner brings the property into compliance on or before that date,
plus a one-time$50.00 administrative fee.
April 9, 2024,Special Magistrate Hearing, Page 3 of 4
Exhibit 1
137
VI. NEW CASES CONTINUED
B. Case No. 240314003; CONTINUED Based on the evidence provided,
Special Magistrate Azcona found Case No. 240314003 to be in
violation of Code of Ordinances Chapter 30, Sections 30-40 Junk, 30-
41 Disabled vehicles, 30-43 Public nuisances, 30-44 General cleaning
and beautification and imposed a fine of $50.00 per day plus a one-
time administrative fee of$50.00 should the property fail to come into
compliance by April 10, 2024.
C. Case No. 240314010; David B. May and Shawna May, 938 NW 3rd ST,
Okeechobee [Legal Description: Lot 14 and West half of Lot 15 of Block
131, CITY OF OKEECHOBEE, PB 5, PG 5, Okeechobee County public
records]. No action on this matter was requested but is noted for the record
to have been in violation of Chapter 54, Section 54-81 Use as a residence,
the property was found to be in compliance on March 25, 2024, no
Lien/Order recorded, no fine accrued.
D. Case No.240314012;Jeffrey James Piatti, 1018 NW 5th AVE, Okeechobee
[Legal Description: North 71.25-feet (FT) of West 28-FT of Lot 11, North
71.25-FT of Lots 12 and 13 of Block 29, CITY OF OKEECHOBEE, PB 1,
PG 10 and PB 5, PG 5, Okeechobee County public records]. No action on
this matter was requested but is noted for the record to have been in
violation of Chapter 70, Section 70-251 Permit required, Chapter 90,
Section 90-705 Temporary portable storage containers, the property was
found to be in compliance on April 9, 2024, no Lien/Order was recorded, no
fine accrued.
VII. COMPLIED CASES
A. Case No. 240215013;Wanda Horner, 211 Northeast 4th AVE, Okeechobee
[Legal Description:Lots 1 and 2 of Block 143,CITY OF OKEECHOBEE, PB
5, PG 5, Okeechobee County public records]. No action on this matter was
requested but is noted for the record to have been in violation of Chapter
30, Sections 30-43 Public nuisances. 30-44 General cleaning and
beautification, Chapter 54, Section 54-81 Use as a residence, the property
was found to be in compliance on March 5, 2024, no Lien/Order was
recorded, no fine accrued.
B. Case No. 240208005,Anne M. Land, 500 NW 16th ST, Okeechobee[Legal
Description: Lot 1 and East half of Lot 2 of Block 69, CONNERS
HIGHLANDS, PB 1, PG 21 Okeechobee County public records). No action
on this matter was requested but is noted for the record to have been in
violation of Chapter 30. Sections 30-41 Disabled vehicles, 30-43 Public
nuisances.30-44 General cleaning and beautification,Chapter 54, Sections
54-81 Use as a residence, 54-84 Parking in residential district, Chapter 58,
Section 58-72(a) Use of public sewers required, the property was found to
be in compliance on March 13, 2024, no Lien/Order was recorded, no fine
accrued.
VIII. ADJOURN MEETING
There being no further business, Special Magistrate Azcona, adjourned the
Hearing at 7:30 P.M.
Roger Azcona, Special Magistrate
ATTEST:
Christina Curl, Code Enforcement Officer
Please take notice and be advised that when a person decides to appeal any decision made by the
Special Magistrate with respect to any matter considered at this Hearing, he/she may need to ensure
that a verbatim record of the proceeding is made.which record includes the testimony and evidence
upon which the appeal is to be based. Code Enforcement media are for the sole purpose of backup
for official records of Code Enforcement.
April 9,2024, Special Magistrate Hearing, Page 4 of 4
t t 1
-. - `4. ,
r"1-' ,
t Y
1f •
S :� '' :+; y
■ I ■
North Trail
1r — __.•1-- .r Q t f •l•id: j _- +
�s�r
s �I , t. •' �
.
, M 1
w s t 5
kt,
r •
Exhibit 1
za„e4thobee City of Okeechobee Code Enforcement
50 SE 2nd Ave Okeechobee Florida 34974
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE,FLORIDA
Petitioner,
vs
Date July 18, 2024
Respondent,
CASE NO. 240215002
Kerri Michael Othmer, Tammy Lynn Hogaboam
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of
Okeechobee,I (hereinafter the "City of Okeechobee),the undersigned Code Enforcement Officer hereby gives
notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section:Chp 30, Sec 30-43, 30-44, Chp 54 Sec 54-81 & Chp 70 Sec 70-251
2. Address and Parcel#where violation exists: 1109 NW 9th Ave. Okeechobee
3-15-37-35-0010-00140-0010 (33326)
3. Name and address of property owner or person in charge of location where violation exists:
Kerri Michael Othmer, Tammy L. Hogaboam, 11198 Monet Ridge Rd. Palm Beach Gardens, FL 33410
4. Description of Violation:
No permit for the shed and overgrown vegetation
5. Date violation must be corrected by: Sep 2, 2024
6. Date violation first observed on or about: Jan 11, 2024
Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code
Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take
notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 9th
day September, 2024 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in
Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and
conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be
represented by counsel,present evidence,and present testimony.Please be advised that any evidence presented to the
Magistrate for his consideration will be retained by Code Compliance Department.If you fail to appear at the hearing the
Magistrate may enter an Order of Violation,&impose a fine in your absence.
4 s
Anthony Smith Code Enforcement Officer
Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will
need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will
be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department.
In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a final administrative order to the circuit court.Such an appeal shall be
filed within 30 days of the execution of the order to be appealed.
De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal
de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara.
Exhibit 1
U.S.Postal Service"'
CERTIFIED MAIL' RECEIPT
rru Domestic Mast Only
N For deliver]'Intormatton VLSI our wuosde al www.Lisps toll,
rcMlad Mal Re V/A 0
t— _.6i 0.$$$$r.artiarMA►'YW
f7J I.Iruala$$$$$$aamlOQ f_..
O _an$$.$.r WrwM $ PaNrrk
D ,c rs WOra.m....Y Hon$ t .
� n.
j, .p. .wMelii $ 7 If. d r N.,gammathwwa pigmy i
al
ri
ru ataidMafi awl wl Nos
n .
.,.,n � try .
Exhibit 1
USPS Tracking° FAQs >
Tracking Number: Remove X
70222410000276438222
Copy Add to Informed Delivery (https://informeddelivery.usps.com/)
Latest Update
Your item has been delivered to an agent and left with an individual at the address at 4:11 pm on July 22,
2024 in PALM BEACH GARDENS, FL 33410.
Get More Out of USPS Tracking:
USPS Tracking Plus®
• Delivered to Agent
Delivered to Agent, Left with Individual -n
CD
PALM BEACH GARDENS, FL 33410 a
July 22, 2024, 4:11 pm v
• Arrived at USPS Regional Origin Facility
WEST PALM BEACH FL DISTRIBUTION CENTER
July 19, 2024, 9:05 pm
• Departed Post Office
OKEECHOBEE, FL 34974
July 19, 2024, 3:00 pm
• USPS picked up item
OKEECHOBEE, FL 34974
July 19, 2024, 10:30 am
• Hide Tracking History
What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package)
Exhibit 1
Text & Email Updates u
USPS Tracking Plus® u
Product Information v
See Less "
Track Another Package
Enter tracking or barcode numbers
Need More Help?
Contact USPS Tracking support for further assistance.
FAQs
Exhibit 1
1 , %, wo $4...4 ,: ,:e4tiv.- . , t-f•4 •••-A fi. +.
'• . • J.44P-:"--;- •r• it ',' ' • -',. , , •' 'I
•
'0 i'` t it$,� ► :-' .'sr - "�',. _ a •. `. t
fo,
•
A4p ,' • - ''
Iwiiiirlii... ,,,-5i
_ I mirominvo 4.10 ' , - , ihaffor,...._,A . "r''''- -:ht 1
rrrrr���r L_ rrrrr�
i�r�rrrraiie S - �l1rr® 3'11
,, N.
Zaretho
Exhibit 1
bee City of Okeechobee Code Enforcement ' .y.
50 SE 2nd Ave Okeechobee Florida 34974 IA*
863-763-9795 Phone
CODE ENFORCEMENT FOR
THE CITY OF 863-763-7804 FAX
OKEECHOBEE,FLORIDA
Petitioner,
vs
Date August 22, 2024
Respondent,
CASE NO. 240215002
Kerri Michael Othmer, Tammy Lynn Hogaboam
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Florida Statutes 162.02 and 162.12,Florida Statutes,and the Code of Ordinances of City of
Okeechobee,I(hereinafter the"City of Okeechobee),the undersigned Code Enforcement Officer hereby gives
notice of an uncorrected violation of the City of Okeechobee Code,as more particularly described herein,and
hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate.
1. Violation of City Code Chapter/Section:Chp 30, Sec 30-43, 30-44, Chp 54 Sec 54-81 & Chp 70 Sec 70-251
2. Address and Parcel#where violation exists: 1109 NW 9th Ave. Okeechobee
3-15-37-35-0010-00140-0010 (33326)
3. Name and address of property owner or person in charge of location where violation exists:
Kerri Michael Othmer, Tammy L. Hogaboam, 11198 Monet Ridge Rd. Palm Beach Gardens, FL 33410
4. Description of Violation:
No permit for the shed and overgrown vegetation
5. Date violation must be corrected by: Sep 3, 2024
6. Date violation first observed on or about: Jan 11, 2024
Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code
Inspector to verify compliance,with the Okeechobee City Code Section(s)cited herein,you are hereby called upon to take
notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 10th
day September, 2024 at 6:00 P.M.,located at 55 SE 3rd Ave Okeechobee City Hall,Okeechobee Florida 34974 in
Council Chambers.The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and
conclusions of law as are supported by the evidence and testimony,and shall make an order thereupon.You are entitled to be
represented by counsel,present evidence,and present testimony.Please be advised that any evidence presented to the
Magistrate for his consideration will be retained by Code Compliance Department.If you fail to appear at the hearing the
Magistrate may enter an Order of Violation,&impose a fine in your absence.
,A tz B 5
Anthony Smitlode Enforcement Officer
Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matter considered at this hearing will
need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will
be based.Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department.
In Accordance with Fla.Statute 162.11(2005),an aggrieved party may appeal a fmal administrative order to the circuit court.Such an appeal shall be
filed within 30 days of the execution of the order to be appealed.
De acuerdo con la seccion 162.11 de los estatutos de la Florida,un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal
de circuito.Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara.
Exhibit 1
U.S. Postal Service"
CERTIFIED MAIL RECEIPT
Domestrc Marl only
.3 For dellv lvtormation :mil our websate at.4.....usos con;
M
Fe.
///t)e„,,,,,te
lt----Es«;r6-i, ealo•kba...ofdk•apapptpwlaej
ru DAN.Asomphollbap0
4444,11144414t40404,114 4 %WWI
c3 Damao 4.1114444104404114n 114.1
c Liumeliom".114ulud
OftwiStarra.P•oftwOrtfory 4_ 2).
ru
I LI;141
- •
, .
Exhibit 1
USPS Tracking' FAQs >
Tracking Number: Remove X
70222410000276438307
Copy Schedule a Redelivery (https://tools.usps.com/redelivery.htm)
Latest Update
We attempted to deliver your item at 1:35 pm on August 26, 2024 in PALM BEACH GARDENS, FL 33410
and a notice was left because an authorized recipient was not available. You may arrange redelivery by
using the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated
on the notice beginning August 27, 2024. If this item is unclaimed by September 10, 2024 then it will be
returned to sender.
Get More Out of USPS Tracking:
USPS Tracking Plus°
m
m
m
Delivery Attempt: Action Needed v
• Notice Left (No Authorized Recipient Available) n
7-
PALM BEACH GARDENS, FL 33410
August 26, 2024, 1:35 pm
• In Transit to Next Facility
August 25, 2024
• Departed Post Office
OKEECHOBEE, FL 34974
August 23, 2024, 6:14 pm
• USPS picked up item
OKEECHOBEE, FL 34974
August 23, 2024, 10:02 am
• Hide Tracking History
What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package)
Exhibit 1
Text & Email Updates
Schedule Redelivery n
Tracking Information
In Transit to Next Facility
Package Information
Postal Product
Feature: Certified MailTM
Post Office Information
Check your local Post Office°_(https://tools.usps.com/find-location.htm?address=33410&IocationType=PQ)
for more information.
Return Guidelines
Return to Sender Date: September 10, 2024
Enter Your Contact Details
Please provide your contact information below. The address must match the original delivery
address.
*indicates a required field
*First Name M.I.
*Last Name
Company Name
Exhibit 1
*Street Address
Apt/Suite/Other
*City
*State "ZIP Coder"
Select State
`Phone
*Email
Select Redelivery Details for This Package
`Redelivery Type
Additional Instructions
(0/250)
Exhibit 1
I have read, understood, and accept the Terms and Conditions
(https://www.usps.com/terms-conditions/schedule-redelivery.htm) for Redelivery.
Submit
Clear Form
Privacy Act Statement
Your information will be used to provide you requested products, services,or information.Collection is authroized by 39 USC
401,403, &404.Supplying your information is voluntary, but if not provided,we may not be able to process your request.We
do not disclose your information to third parties without your consent,except to act on your behalf or request,or as legally
required.This includes the following limited circumstances:to a congressional office on your behalf;to agencies and entities to
facilitate or resolve financial transactions;to a U.S. Postal Service auditor;for law enforcement purposes,to labor
organizations as required by applicable law; incident to legal proceedings involving the Postal Service;to government agencies
in connection with decisions as necessary;to agents or contractors when necessary to fulfill a business function or provide
products and services to customers;and for customer service purposes. For more information regarding our privacy policies
visit www.usps.com/privacypolicy_(https://www.usps.com/privacypolicy)
USPS Tracking Plus®
Product Information
See Less "
Track Another Package
Enter tracking or barcode numbers
Need More Help?
Contact USPS Tracking support for further assistance.
FAQs
Exhibit 1
NOTICE TO APPEAR
Kerri M. Othmer, Tammy L. Hogaboam
Respondent
Unless Respondent corrects the violation described herein,
Chapter 30 Sections, 30-43 Public nuisances and 30-44 General cleaning and beautification, and Chapter
70 Section 70-251 Permit required:
Overgrown grass,weeds,shrubs/bushes.No permit for the shed placed on the property.
By the date set forth AND contact the undersigned Code Inspector to verify compliance. NOTICE IS HEREBY
GIVEN that the alleged violation(s) will be presented in City Council Chambers, City Hall, 55 SE 3rd Avenue,
Okeechobee,FL on the day of September 10,2024, at 6:00 pm.
Dated this 26th day of the month of August the year of 2024.
Signed A9ta y 5' Title Code Enforcement Officer
Case Number: 240215002
Address: 1109 NW 9th Ave, Okeechobee,FL 34972
City of Okeechobee
Code Enforcement
50 SE 2°d Avenue,Okeechobee,FL 34974
863-763-9795
Exhibit 1
NOTICE TO APPEAR
Kerri Michael Othmer, Tammy Lynn
Hogaboam
Respondent
Unless Respondent corrects the violation described herein,
Chapter 30, Sections 30-43 Public nuisances, 30-44 General cleaning and
beautification, and Chapter 70 Section 70-251 Permit required:
Overgrown grass, weeds, shrubs/bushes. No permit for the shed placed on the
property.
By the date set forth AND contacts the undersigned Code Inspector to verify
compliance. NOTICE IS HEREBY GIVEN that the alleged violation (s) will be
presented in City Council Chambers, City Hall, 55 SE 3rd Avenue, Okeechobee, FL
on the day of September 10, 2024, at 6:00 pm.
Dated this 26th day of the month of August in the year of 2024.
Signed 47- 3 - Title Code Enforcement Officer
Case Number: 240215002
Address: 1109 NW 9th Ave, Okeechobee, FL. 34972
City of Okeechobee
Code Enforcement
50 SE 2°d Avenue, Okeechobee, FL 34974
863-763-9795
Exhibit 1
_w i Ivy"! .,lz
''-ri r-fe1 irh{ 1.t:.
1
i
t
's...If I 1c, y I.I I V1:
f
•
0811260 a 111 :27
1
ktikati... _ ,
1.
' z -"?.S4r _
- i rr <y mot'
III
+MCAT»> • F y y. .
y- r.
.
��•
�.'
Exhibit 1
•
t
n° ' miump.,
F
r
r �.'.