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Hogaboam, Case #240215002r 1 Official Records File#2024010818 Page(s)-1 Jerald D Bryant Clerk of the Circuit Court&Comptroller Okeechobee, FL Recorded 10/1/2024 2:48 PM Prepared By/Return To: Fees: RECORDING$10.00 City of Okeechobee Code Enforcement Department 50 Southeast 2nd Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 240215002 CITY OF OKEECHOBEE, PETITIONER -vs- Kerri Michael Othmer and Tammy Lynn Hogaboam, RESPONDENT LIEN I ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on September 10, 2024. After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Property Owner: Kerni Michael Othmer and Tammy Lynn Hogaboam Property Location: 1109 Northwest 9th Avenue, Okeechobee, FL. 34972 Legal Description: Lots 1, 2, and 3 of Block 24, CITY OF OKEECHOBEE, Plat Book 1, Page 10 and Plat Book 5, Page 5, public records of Okeechobee County, Florida Parcel: 3-15-37-35-0010-00140-0010 (33326) CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation Chapter 30, Sections 30-43 Public nuisances, Overgrown grass and weeds in need of being cut 30-44 General cleaning and beautification Chapter 54, Section 54-81 Use as a A recreational vehicle and a shed being used as residences residence Chapter 70, Section 70-251 Permit required Shed placed on the property without the final inspection being completed, causing the permit to expire ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City 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, concerning your property located at 1109 Northwest 9th Avenue, Okeechobee, Florida. The Magistrate hereby imposes a fine of $100.00 per day, including a one-time administrative fee of $50.00. The imposed fine will continue to accrue daily until the City verifies that the violations are corrected. Further, this Order as a Claim of Lien,shall be recorded in the Office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162. You have the right to appeal this finding within thirty days, and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation, it is your obligation to contact the Code Enforcement Officer to verify such compliance. ORDERED this 10th day of September 2024. of Ok--..,r ee Code Enfo -•—nt Spjgistrate Roger Azcona, Esquire ATTEST: t � as- ,A1 L, Christina Curl, Recording Secretary • ,At Notary Pubic Stab ofFbd&d . Joanna L.Kovec STATE OF FLORIDA ice A my' CommYpionMMil070818 COUNTY OF OKEECHOBEE °'`or E'er 0/2024 c The foregoing in tr, ent was acknowledged before me this day of; , 2 , by Roger Azcona and Christina Curl by means offysical presence or❑online notarization,who produced identific ion or is personally known to me and who did take an oath. /as Signature of Notary: Cti2Ame- G7/4-e. o - co >' . N oo a NV O V...)F (2 t 0 ¢ ¢ o Y Z tfJ m m c"E= E ❑ ❑ ❑ ❑ g N N N N y N 4 �, T« Z'««U CC ,-!CA N N N t0'C U W >C C • J U\ N N N2k65,0 O'N N WO E� ❑❑❑ 7 0 Z o 0 Z. O d > ZO �a'am > m " Z m > a > U o m m . W N > d c ca a -°'moo O N o d N : N " Q d N N v' W m m >> a, J C % TN DO-a-a c'p` a m _ E in in ss< c k U ¢ X m O 0 QQ0000= o, 0) m O co 6 IO M a 8m O m o A rr — cc CI O P. L >, E C�C • J � � (' N U CC U_ oup— r M o(W coa o't. vj mowO) 'Z D (A • aNi o U E p1 C — � N 0 z = vaa' `° a -U -0 � N o a ~ c0 N"r N U 1.. 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N - • PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instruct,!), iOfficial Record*2024010818 Page(s).1 Jerald D Bryant Clerk of the Circuit Court&Comptroller Okeechobee, FL Recorded 10/1/2024 2:48 PM Prepared By/Return To: Foes: RECORDING$10.00 City of Okeechobee Code Enforcement Department 50 Southeast 2nd Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 240215002 CITY OF OKEECHOBEE, PETITIONER -vs- Kern Michael Othmer and Tammy Lynn Hoqaboam, RESPONDENT LIEN I ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on September 10, 2024. After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Property Owner: Kerri Michael Othmer and Tammy Lynn Hogaboam Property Location: 1109 Northwest 9th Avenue, Okeechobee, FL. 34972 Legal Description: Lots 1, 2, and 3 of Block 24, CITY OF OKEECHOBEE, Plat Book 1, Page 10 and Plat Book 5, Page 5, public records of Okeechobee County, Florida Parcel: 3-15-37-35-0010-00140-0010 (33326) CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation Chapter 30, Sections 30-43 Public nuisances, Overgrown grass and weeds in need of being cut 30-44 General cleaning and beautification Chapter 54, Section 54-81 Use as a A recreational vehicle and a shed being used as residences residence Chapter 70, Section 70-251 Permit required Shed placed on the property without the final inspection being completed, causing the permit to expire ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City 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, concerning your property located at 1109 Northwest 9th Avenue, Okeechobee, Florida. The Magistrate hereby imposes a fine of $100.00 per day, including a one-time administrative fee of $50.00. The imposed fine will continue to accrue daily until the City verifies that the violations are corrected. Further, this Order as a Claim of Lien, shall be recorded in the Office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162. You have the right to appeal this finding within thirty days, and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation, it is your obligation to contact the Code Enforcement Officer to verify such compliance. ORDERED this 10th day of September 2024. j.- --- ity of Ok hobee Code Enfo.c7e Spe 5agistrate Roger Azcona, Esquire ATTEST: (\ \ . i A,k.kini-- D9.... I ,Ctl ( , , , Christina Curl, Recording Secretary Notary Pudic Mete of A ide iN: Jeanne i Kovac STATE OF FLORIDA Commission NH070818 COUNTY OF OKEECHOBEE -+o,o Expires12/1012024 cii - The foregoing instrul-nent was acknowledged before me this/U day of: '�e / -wt r , 20 -t�, by Roger Ancona and Christina Curl by means off ]physical presence or LI online notarization, who produced as identification orX _ is personally known to me and who did take an oath. Signature of Notary: _ _ ,OGt,,,,v,z.._ ,ry . 7,4 Jerald D Bryant Clerk of the Circuit Court& Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction# 2019237981 Receipt# 2024009481 Print Date: 10/1/2024 2:49:03PM Cashier Date: October 01, 2024 Client: CITY OF OKEECHOBEE 2 Items RELEASE Instrument Number: 2024010817 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 LIEN Instrument Number: 2024010818 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 CASH AMOUNT: $20.00 CHANGE: $0.00 Total Payments $20.00 Total Fees $20.00 Shortage $0.00 Check Overage $0.00 Rec By: Frances Conner Deputy Clerk www.clerk.co.okeechobee.fl.us/Official_Records.htm .�► - .. ) :�' 4i:. • . 'i', ::•...N ♦ 001. , < A. A041- t.�tom" i �4 . t A. i '''''4 Z4. i • I %Naimoli,' 7 WY;-.4".. d' ,0.: :17 1.. •'• kim . 4 . ... , ••• N .„, ' „. '-i •• A "'»"""t +fit. p '"\ _,....i 4 :• {{{ ... 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R om / � _ J R ' 0 D—n - q § c { ro = 0 a) CD Cl) Z \ cm / _= m LO —I }yg0P 2 . rn m � \ \ yl Jj R\ �o q § � E ± — � � CD 6 a- a _o w A § f 2 \ w G D k 03 D o 7 C n I'll la I � //\�2° E \ 9 x a q | [[\\rc 2 _ @ % ;f) CD \\\\\\( � _ \ § ��7[}\(/} , k ; m § }�14 C / g( Cr ` k CD 7 k »» 2 q \ ( 0 < o § \ ] s J \ q k \ /— co` 0 7 °°\ E} N = @33m, 7 \ cn ())<CD P § a k/i�//} 2 -< ( oRe K,- O O « O O m z4 R » > ; \ \/} )= oB 2 &co ;o J ( ^co § co. ° 3a-- — —'<\ • • , Prepared By/Return To: City of Okeechobee Code Enforcement Department 50 Southeast 2"d Avenue Okeechobee,Florida 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE FOR THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 240215002 CITY OF OKEECHOBEE, PETITIONER -vs- Kerri Michael Othmer and Tammy Lynn Hogaboam, RESPONDENT LIEN I ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on September 10, 2024. After due notice to the respondent,the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: FINDINGS OF FACT: Property Owner: Kerri Michael Othmer and Tammy Lynn Hogaboam Property Location: 1109 Northwest 9th Avenue, Okeechobee, FL. 34972 Legal Description: Lots 1, 2, and 3 of Block 24, CITY OF OKEECHOBEE, Plat Book 1, Page 10 and Plat Book 5, Page 5, public records of Okeechobee County, Florida Parcel: 3-15-37-35-0010-00140-0010 (33326) CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of the following sections of the City Code of Ordinances, Code Section Violated Description of Violation Chapter 30, Sections 30-43 Public nuisances, Overgrown grass and weeds in need of being cut 30-44 General cleaning and beautification Chapter 54, Section 54-81 Use as a A recreational vehicle and a shed being used as residences residence Chapter 70, Section 70-251 Permit required Shed placed on the property without the final inspection being completed, causing the permit to expire ORDER:The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated City 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, concerning your property located at 1109 Northwest 9th Avenue, Okeechobee, Florida. The Magistrate hereby imposes a fine of $100.00 per day, including a one-time administrative fee of $50.00. The imposed fine will continue to accrue daily until the City verifies that the violations are corrected. Further, this Order as a Claim of Lien,shall be recorded in the Office of the Clerk of Circuit Court,Okeechobee County, Florida, and once recorded, becomes a Lien on real and personal property pursuant to Florida Statutes Chapter 162. You have the right to appeal this findingwithin thirtydays, and order byWrit of Certiorari to the Circuit Court, Okeechobee 9 PP Y . County, Florida. If you correct the violation, it is your obligation to contact the Code Enforcement Officer to verify such compliance. ORDERED this 10th day of September 2024. f of Ok--,.(nbee Code Enfo er-nt SP e o. istrate %�cj► 9 Roger Azcona, Esquire ATTEST: iAA1.i L, Christina Curl, Recording Secretary NOEn!Pre Florid, STATE OF FLORIDA ice I obi' commissionHNo70818 COUNTY OF OKEECHOBEE °"'r Eiles a�aa Cill- The foregoing in tr ent was acknowledged before me thisr$ day ofS)Ce r , 20� by Roger Azcona and Christina Curl by means of hysical presence or CI notarization,who produced as identification or��' is personally known to me and who did take an oath. l� Signature of Notary: /o a/MA L.- /t -.. /�,C__.- 148 0 0 PAN„°`,'O , � az sCITY OF OKEECHOBEE CODE ENFORCEMENT 1 '4SEPTEMBER 10, 2024, SPECIAL MAGISTRATE HEARING Vt OFFICIAL MINUTES I. CALL TO ORDER Special Magistrate Roger Azcona called the Code Enforcement Special Magistrate Hearing to order on Tuesday, September 10, 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 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 August 13, 2024, Minutes. B. This being a Quasi-Judicial proceeding, Special Magistrate Azcona collectively administered an Oath to: Code Officers Smith and Curl, Mr. Jeffrey Newell, City of Okeechobee Building Official, Ms. Kerri Othmer, property owner for Case No. 240215002; 1109 Northwest (NW) 9th AVE, and Mr. David Terrazas, property owner for Case No. 240822008; 1012 SE 8th AVE; all affirmed. Code Officers Smith and Curl stated for the record all events regarding the cases to be discussed occurred within the municipal 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. 240215002; Kerri Michael Othmer and Tammy Lynn Hogaboam, 1109 NW 9th AVE, Okeechobee [Legal Description: Lots 1, 2, and 3 of Block 24, CITY OF OKEECHOBEE, Plat Book (PB) 1 , Page (PG) 10, 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. A Courtesy Card was mailed via United States Postal Service (USPS) regular mail on January 15, 2024. The Building Official mailed a letter of Erroneous Issuance via USPS certified return receipt on April 2, 2024. The notice was received on April 6, 2024. The case was presented to the Special Magistrate on April 9, 2024, and deferred to a future hearing. The property was inspected and found to be non-compliant on July 11 , 2024. A Statement of Violation/Notice of Hearing (SOV/NOH) was mailed via USPS certified return receipt on July 18, 2024. The notice was received by an agent on July 22, 2024. The City Staff has not received the notice, nor the signature receipt card back as of the date of this hearing. The property was inspected and found to be non-compliant on August 21, 2024. A SOV/NOH was mailed via USPS certified return receipt on August 22, 2024. The City Staff has not received the notice, nor the signature receipt card back 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 August 26, 2024. The property was inspected and found to be non-compliant on September 5, 2024. September 10, 2024, Special Magistrate Hearing, Page 1 of 4 150 • • VII. NEW CASES CONTINUED A. Case No. 240822004; CONTINUED: Code Officer Smith testified that the property was 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 July 23, 2024. The property was inspected and found to be non-compliant on August 5, 2024. A SOV/NOH was mailed via USPS certified return receipt on August 21, 2024. The City Staff has not received the notice, nor the signature receipt card back 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 August 26, 2024. The property was inspected and found to be non-compliant on September 3, 2024. To comply with City Ordinances, the property owner needs to cut all weeds, grass, or undergrowth to a height not to exceed 8-inches on the entire property and trim landscaping to a neat appearance not to adversely affect the aesthetic of the property or adjacent properties and remove all the debris and junk from the property. The City Staff recommends in accordance with the City's fine schedule a fine of $50.00 per day, to begin on September 11, 2024, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 240822004 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 $50.00 administrative fee should the property fail to come into compliance by September 11, 2024. B. Case No. 240822008; Davide Terrazas, 1012 SE 10th AVE, Okeechobee [Legal Description: Lots 1 and 4 of Block 6, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, PB 1, PG 13, Okeechobee County public records]. Code Officer Smith testified that the property was 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 July 15, 2024. The property was inspected and found to be non-compliant on August 21, 2024. A SOV/NOH was mailed via USPS certified return receipt on August 21, 2024. The City Staff has not received the notice, nor the signature receipt card back 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 August 26, 2024. The property was inspected and found to be non-compliant on September 3, 2024. To comply with City Ordinances, the property owner needs to remove all the debris, junk and all the unregistered/inoperable vehicles from the property. Mr. Terrazas 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 City's fine schedule a fine of $50.00 per day, to begin on September 11, 2024, unless the property owner brings the property into compliance on or before that date, plus a $50.00 administrative fee. Based on the evidence provided, Special Magistrate Azcona found Case No. 240822008 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 $50.00 administrative fee should the property fail to come into compliance by September 25, 2024. September 10, 2024, Special Magistrate Hearing, Page 3 of 4 t, ♦ I_�1 i «qj S,t • \ • i. �a... {,si'xs L ' VYJ` g \\\ .K h/ .'sib.. *'i 1114 ` • III q • �'• ` s .. - s s. 4;jr1 I * o 0 1. • u • • Thal -,-,i L ,_, .',.._-',,„,,' • _ ;: ( ,Y • : K I ., f -','..• - .Al'e'. iZZ:Zzi I, x. 1 o J • •FpI' / � fi' "� 71/ �' q + t gtrs�ah" T se J` i i !f‘i f iC 4P I `Z 1` • y ti • SS, t r . ;41',.-.- s' 4,..4'''''-- - kfilip ., • • �' a :- i•1' r; • ty5'ie q I _ ;1,) t tr-` a --;'4 .ice ,-,, 4 ..-/ p. wit*, _ �[ six r 7 A .. i _ .-- 1• k -..a-�-. 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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 a Delivery Attempt: Action Needed c • Notice Left (No Authorized Recipient Available) 0 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) • • *Street Address Apt/Suite/Other *City *State *ZIP Code'' Select State *Phone *Email Select Redelivery Details for This Package *Redelivery Type Additional Instructions /. 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CZ:ZZ 4eNs MON , C., 101•••• , — C(.7")=1 so. rso U.S. Postal Service"' r'-RTIFIED MAIL° RECEIPT O • estic Mail Only m 03 For delivery information,visit our website at www.usps.com`"'. rn I,., s Certified Mail Fee .-0 $ Extra Services&Fees(check box,add fee as appropriate) (1_I ❑Return Receipt(hardcopy) $ Q 0 Return Receipt(electronic) $ Postmark Q ['Certified Mall Restricted Delivery $ Here Q 0 Adult Signature Required $ -27 ❑Adult Signature Restricted Delivery$ 02,2 D Postage 1-9 ru Total Postage and Fees rt.l To rffte�and-Ap No.,o�PO Box%• �Af / PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Okeechobee Cityof Okeechobee Enforcement O e obee CodeAe 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone THE CITY OF 863-763-7804 FAX OKEECHOBEE, FLORIDA Petitioner, vs Date August 22, 2024 Respondent, CASE NO. 240215002 Kern 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. .CQ ,d 3lht 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 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. :;tl.• �� . 'i ,• = ",. .... al. ..se: - A1ir,� ,t r _` [V.V 1I . ,mo`.+ i .� tsar,.. lllhhh€€€• s • ( 1ry' �' , ,,• fir ' ,� r -- ,jt,tt' 'i,',g ti,. ,, • -...jrit • •. • • . .,. ... ., . .... 4 ' - e p / saw � r y11 '.. -,...„..,,N,..,,,, y - _ you tVe f i s. j IIct ! . _ ` `'abi f . - (r ar-rY ti 1 ♦ ' .4 fi ; 7.J * . ...f.- r-• .- -c, !,1/0 ,- - _ * 7, - - __ • ... .),..-r - Allpil *.' ' " '---,_/_-: Ali " ' i i . 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Get More Out of USPS Tracking: USPS Tracking Plus° • Delivered to Agent Delivered to Agent, Left with Individual m m PALM BEACH GARDENS, FL 33410 0 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) U.S. Postal Service- ' 7RTIFIED MAIL° RECEIPT ILI .gestic Mail Only fU For delivery information,visit our website at www.usps.com Certified Mail Fee a, _17 /t/$ / 1O/l/7L Extra SerVlCes&Fees(check box,add fee as appropriate) fl_I 0 Return Receipt(hardcopy) $ D 0 Return Receipt(electronic) $ Postmark p 0 Certified Mail Restricted Delivery $ Here l� 0 Adult Signature Required $ /�7 / 0/ / ['Adult Signature Restricted Delivery$ CI Postage r-R $ fU Total Postage and Fees fLj rest and t.No., r •-•x o. ._1 _at a>lk- --Add . `ate,j7P, i- .fir- / , Arr PS Form 3800,April 2015 PSN 7530-02-00r-9047 See Reverse for Instructions Citq • Okeechobee City of Okeechobee Code Enfocement '. 3 50 SE 2nd Ave Okeechobee Florida 34974 CODE ENFORCEMENT FOR 863-763-9795 Phone 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. Att21.67 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. •} • f rl `. a Y LLp• ' 1 _ - -,�� • r�; B d. of: -e �. • • `� ., ate. ..,` � 7:'` 7t t� ra7. J . a t�•. ' • 1. `,!,.y et 4i 1 t t .F -....r -. •i ,kiis v x. x t ;TN ,� t1 c '6 -, e-F y04. i;yy1 r r w s. . • , { r .ti ^T'tk `4 .1,,,• .. „r t-- a _ . i 1, J ' 4 ,ell , • z,, ,, AN) . ,t• ? : r' ,,.�a�, f t I\ .,-- t t I .0 -".' r.17.za:-.1 > rt. - ,rr__ :, ..-„,, .4.;....„ :I ME im.."12.0.11 1111 • Amor... , .. , �� ill 1 Off.•Z..K , 04.< o CITY OF OKEECHOBEE CODE ENFORCEMENT rt APRIL Atr9, 2024, SPECIAL MAGISTRATE HEARING =o� .,a 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) 10th 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 4 136 ! • 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 6th 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 is in violation of Code of property 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 6th ST, Okeechobee Description:tion: Lot 17 and West half of Lot 18 [Legal p 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. 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Nam. . � 3 . < W 00 02. �' .� .p' Fh w Z co hah' � _ C 91 JZ 8 — !J • a) 0 G Jooeoow o3N2000DD N oommaav, W �( P 0 .� 0 Cf .KK>>K�;2m rn m = 1- 33 %'s °0 oQ a al1Tt q Q g m a ,V -1 a +� 2 a N a 4 co < g g a m` a m m a> a a> m `� Q n a o 1 A aCD Z o Fa M 0 o O v Z mnocncnvxoma 3 r_ ri �.w'm'<cB m... .y n m m aa <� 000 R, I m ❑ ❑ '. m°9P Zm o D D o a co o — 1 a ,z 23 l /`n` • • ffOrcire•%.� CITY OF OKEECHOBEE 4.`,r`` 11j1,1 !!!)%I 55 SE THIRD AVENUE IlkIII:L.- o OKEECHOBEE, FL 34974 =; 0����� Phone: (863)763-33 72 .21.4 '• www.cityofokeechobee.com Property: 1109 North West 9th 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 Okeechobee'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 section70-303 "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. Sinc , -- t)-ems-e_____ Jeffry C Ne 11 Building Official Date: April 2,2024 Cert. Mail: 7007 3020 0002 4779 8316 • 129 1e ._ CITY OF OKEECHOBEE CODE ENFORCEMENT A ,a� • MARCH 12, 2024, SPECIAL MAGISTRATE HEARING OFFICIAL MINUTES I. 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 half 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-ft; 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 POB; 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 • • 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 16th 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 onde t be found in violation of Chap ter pter 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 • • 133 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. March 12, 2024, Special Magistrate Hearing, Page 5 of 5 • • CITY OF OKEECHOBEE Fees Office Use Only 4,.. .,,,- 55 SE THIRD AVENUE ,u _..� ►i'{.'OF °jFFC OKEECHOBEE, FL 34974 Building $ �S, (�U Date Received':- 1 �a �, �a�`' y°' Tele: 863-763-3372 X9821 Electric $ ��` a_ =pm. Date Issued LL T Fax: 863-763-1686 2'S�Z ao� Website: citvofokeechobee.coni Plumbing $ -A* Permit#ZDZ—v>►V �'�s '91c 1iol1 *Effective July 1,2017 the City of HVAC $ Okeechobee is required to collect 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 $ -- .UU Check# APPLICATION DBPR programs. DCA s Z De__, Cash Date Current Edition Florida Building Codes FOR INSPECTIONS CALL BY 4 DBPR $ 2• ov Receipt# Revised: 03-05-2020 P.M.,24 HOURS NOTICE Signature REQUESTED Total $ 76i•)() , Owner Information Contractor In or�a o Owner err , O- l-,me Qualifier \\\\ ' Lessee Company Mailing Address kvkq$ /J� „ -- Q ��'�. Address Citygc,.\m ozoc.k Clay- lecLZi 3 1t7 Cit \-5\), y State P Y � Zip Home Phone(5c�\ ) Ca kb _ 3-163 y Phone. -. E-mail 'i .- -r% %C.)-Yvkw•.c:A c�v .%t • ce•y,.v, E-Mai ,,,,--"- _glib Cell Phone( ) Licens Signature t^Q, _,,�- Sicens re Contractor information required. See additional form Residential o Commercial o Industrial o Project Information: Electric Service: Water Supply: Phase Well ❑ Project Description: Living Area Size Private ❑ �/ :r'tr% •►'� Porch/Cove;ed Entry AMPS Public o Garag SheddStorage OH/UG Square Footage Total: tdop Sewer: CBS o Frame% Steel ❑ HVAC: Private o Project Address: i vOq *'V� '1 ' Manufactured Home ❑ G or EL Public o Parcel ID: lEstimated Cost$ -7 3 3.Od Gas: Flood Zone: 3-t5-31 3 5- �1p-c7t�2 c1C� 10 Natural ❑ Subdivision: If exceeds $2500.00, a recorded Notice Propane❑ Block Z- Lot et2_,3 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. 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 pennit 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. **************************************WARNING TO OWNER******************************************** 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. *****************************ATTENTION BUSINESS OWNER/LESSEE**********************:**************•*•* NEW OR RELOCATED BUSINESSES ARE REQUIRED TO APPLY FOR A NEW BUSINESS TAX RECEIPT(BTR). PLEASE CONTACT THE FIN(ANCE DEPARTMENT FOR ADDITIONAL DETAILS. Application Approved By e Date -5-24 • S 01.;I.0F•O0 •. ((lii 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 40 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 he or she is responsible for the construction and is not hiring a licensed contractor to assume \&p 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 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 \4) 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 sale or lease, which violates this exemption. I understand that, as the owner-builder, I must provide direct, onsite supervision of the \4 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 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 4(0 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 me, which means that I must comply with laws requiring the withholding of federal income tax 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 03-05-2020/gpn • • 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 well C) as employers. I also understand that the construction must comply with all applicable laws, ordinances,building codes,and zoning regulations. 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 V.„.0 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 constructior 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 the 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 ‘,/„,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. If 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. Property Address: l l le) tU (A.> a-�� 0 V,,L'e_CJ1r.0� e-C C L 3L-k i' l e- •`r ` ���^ , do hereby state that I am qualified and (Plooso Print Noma) capable of performing the requested construction involved with the permit application filed and agree to the conditions specified above. l 1r�C rr 0�V1 ter-)e U 2 1( l O 1 2 C.) 2- Signature of Owner-Builder Date STATE OF FLORIDA COUNTY OF (JIpCkobCL The foregoing instrument was acknowledged before me, by means offpf physical presence or o online notarization, this )&f- day of Fe 6aLC; t( , 20 aU- , by c v-( m(c(-)(e 04(r\vy r-4 Personally known OR produced identification. Type of Identificationa Produced: (name of person( �,✓� Notary Public State of Florida1„� r Iv��S 41)--ft/ l n • Patty M Burnette CQ (1 Si nature of Nota My Commission HH 008734 g ry •000, Expires 10)02/2024 (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 INSPECTIONS ARR OT SCHEDULED ON FRIDAY ONLY MORAY THRU THURSDAY ,,''�41�y of*OKFFCyo�` CITY OF OKEECHOBEE BUILDING PERMIT#: Z�OZ-045— 55 SE THIRD AVENUE got 9 OKEECHOBEE, FL 34974 DATE ISSUED: a —5 Z- 4- ;•`� Tele: 863-763-9821 Fax: 863-763-1686 . � , . •-s/ website: ci�i:yrorolcocc��oher;.coni 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. .I BUILDING ISSUED TO: 0LoN) - MECHANICAL SITE ADDRESS: 11 D9 Nw q v� - PLUMBING DESCRIPTION: - ELECTRIC ID 1(ZO TYPE INIT & DATE TYPE INIT & DATE TYPE INIT & DATE Foundation: T Pole Final Plumbing Monolithic Slab Framing -Furl Building t C Formboard Survey Roof Sheathing* Fire Wall Screw(C) Slab/Pre-pour Dry-In* Pool Pressure Driveway(PW) Insulation Pool Steel/grounding Driveway(BLDG) Above Ceiling Pool Bond Stem Wall Steel Rough-in Piping Deck Steel Footing Rough Gas Light Bonding Footing Grnd/UFER 2nd Rough Plumb Pool Barrier Lintel/Stem Wall Rough Electric Finial Pool Pilings Rough HVAC Sewer Tap(OUA) Trusses Buck/Window/Doors Elevation Cert/lf 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: &4.477--( ( Dated: 2 -S' 24- 1 NN S f/S .• 4. ;LL • CITY OF OKEECHOBEE BUILDING PERMIT FEE CARD Permit Number: 2402045 Parcel ID: 3-15-37-35-0010-00240-0010 Issue Date: 2/05/2024 Expiration Date: 8/04/2024 Zoning Type: Site Address: 1109 NW 9TH AVE Permit Type: SHED Contractor: OWNER BUILDER Issued to: KERRI OTHMER Contractor License: 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. A3 RES BLDG ACCESSORY 75.00 STRUCTURE 0t1 DBPR DEPT OF BUS & PROF 2.00 , A REG ksZ.� DCA DEPT OF COMM 2.00 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: ,t/1Nry ti • S �,�.OF•O .p t. = CITY OF OKEECHOBEE °''��� 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: 8/04/2024 Zoning Type: Site Address: 1109 NW 9TH AVE Permit Type: SHED Contractor: OWNER BUILDER Issued to: KERRI OTHMER Contractor License: 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. 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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,"'Its,"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 Property.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 Term.The term of this Agreement is one month.This Agreement begins on the date 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(1)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.Tf 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 any.,time 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 teens 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 srgti this Agreement you must pay u3;,asecurity,deposit of$0.00 which we will hom as security for the.performance of your obligations under this Agreement.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. RTf1N FT I rasp Pnrrhacr Aarrrmrnt rry I In" Pao. I of 4 III9.Risk of Loss and Damages.You are full onsible for the Property while it is in your possessio u are 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).Tf 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 does 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 are 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 he reby 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 are 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 terms 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 sell,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 misleadinginfotmatioii 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. F . Ka... RTf1N FT T race Pnrehace.A oreement rev 11/19 Paor 1 of A • • 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 if 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 eace Pnrrbnce Aareemoni rev 1 1/77 Pnve of 24.Entire Agreement.This Agreement s•rth the entire agreement between you and us and 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 filled g. You agree that we or our agents can,contact you regarding your account by email,by telephone,including cell phones,or text message in. at any number(s)you have given us or that you give us in the future, c.You have received the Property in good condition. even if you are charged for the call. d.You acknowledge that we have the right to assign this contract to a third party. h.You also agree that we can contact you using automatic dialing,text e.You agree that a facsimile copy or a copy with an electric signature messaging, email messaging, or with prerecorded messaging. You will serve as an original Agreement. certify that the number(s) you have given us are for phone(s) that 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 Mach 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: pAAA —J�-_t Signature: aA 0r1 Shez-11 j_zln Date: 09/09/2023 kem��ri �ut Date: 09/09/2023 Name:KERRI M OTHMER Mid-State Sheds,LLC Authorized Representative BY:AMAZON SHEDS AND CARPORTS LLC For RTO NATIONAL • RTt1N FT T Pace Pnrrhace.Aareement my 1 I 0? Pam 4 of d i6 , 'P • h 'f:' ,/.Y %. 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USPS Trackin 9® 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 o- See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates USPS Tracking Plus® Product Information See Less /\ Track Another Package U.S. Postal Service- ('FRTIFIED MAIL° RECEIPT estic Mail Only For delivery information,visit our website at www.usps.com". mr- r I t1 MU <w�. = Certified Mail Fee r- Extra Services /ohs ICeS&Fees(check box,add fee as appropriate) ��j 0 Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ Postmark 0 ❑Certified Mail Restricted Delivery $ / 5eree// 0 Adult Signature Required $ /t{ ['Adult Signature Restricted Delivery$ O Postage rq Total Postage and Fees fUgf,5,1,., Toru /� . or ox --- rs ' =t� IP+4 � w/0 31 i/II !. i • . .. PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions at,rf Okeechobee City of Okeechobee Code Enforcement 50 SE 2nd Ave Okeechobee Florida 34974 F4 CODE ENFORCEMENT FOR 863-763-9795 Phone 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 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 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. Anthony Smith ode 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. r 0 0 A *. 7; , 1 ' , • 1 : .1"it:, • 'eft.. . • A:s 4/ • . . . - - -- -4, •„ • ._I- ., ... „, "'t k• ...,:. -__.....7 _ . ", It..-..• - .5:-. '- - L. r 0.. , ''-' . '-"ft - ',-4 ''' #. •'- - t... -c. . i . • w 14". i•-••••1„. . t•-• ..!•14)i• ..s Olf.' • "--.• , C. -0-4,-,.ii;' - - - • - -'Oki • - . "; -1/4 •Ik. #.40 ,t :.. s , •, - I,-4,5, f • , 4•-• p° •":• -1 - , . ' • , ' • _ __ •••-• _ „. : _ 'A , GI r• NM• ..., , ik e 411 1- .i.t........ .! .....----., '__ ' ' °-:5-' *Ile i •w---- BeN.,--_--- -4 0 lit -----,— 1 • —— — —'. '''''I .;* _ &...ill* JO- ii0=110111sm _aouv..act, ,. - .•••got, q -, . . ,, 7 -...- .' i • . s' .e• t .. ._ , . • .., - -. ' ---- - ' ra11112112026J 110,.:g11 . . • . - ' - - - • ... • ••• .:61.116.1.:--,,„-.-Av...• : :jiiiaishaiii., I 4iiiiiimaimit• ,. , Asiiiiiiike '....„ milimminor I ,\ i ...,: 0000_.............0 . .. 611101111111Mil 1 . IIIII IPA III -:411111111 6111111°1117 1111. ...., 02011202026,1 1M:511 . ... • • Date: 19"/. lit, ?a2 f/ Re: f1� ', ;, •- 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 U Operating a Business Without Required License U Inoperable,Abandoned or Unlicensed Vehicle 0 Pool Violation U International Property Maintenance Code Ch Sec 0 Other 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. 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Oa* , trWeilicl.'0111 :: . t 0 53 106 159 ..!12 265 318 37 I 424 477 530 ft Okeechobee County Property Appraiser Mickey L.Eland,CFA)Okeechobee,Florida I 863-763-4422 PARCEL: 3-15-37-35-0010-00240-0010(33326) 1 VACANT W/EXTRA FEATURE(0007)I 0.516 AC NOTES' Okeechobee County,FL CITY OF OKEECHOBEE(PLAT BOOK 1 PAGE 10&PLAT BOOK 5 PAGE 5)LOTS 1,2&3 BLOCK 24 OTHMER KERRI MICHAEL 2023 Certified Values Owner:HOGABOAM TAMMY LYNN Mkt Lnd $18,750 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 X 3/24/2023 S59,500 v FOB $0 county:$18,750(0) Sales 1 Total city:$18,750 2/14/2022 WO V(U) Just $18.750 Info 03/2018 519,000 V(0) Taxable other:518,750 school:$18.750 The information presented on this website was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment.This information should not be relied upon by anyone as a determination of the ownership of property or market value.No warranties,expressed or implied,are provided for the accuracy of the data herein it's use,or it's interpretation.This website was last updated-1/11/2024 and may not reflect the data currently on file at our office. 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