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Item M04County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: M.4 Agenda Item Summary #2781 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against Marcel Capo, and the property located at 1492 Aqueduct Lane, Key Largo, Florida, and any other properties owned by them if necessary, to seek compliance with various county ordinances and correct the code violations and enforce the liens arising from code compliance case number(s) CE09080061 and CE13100185. ITEM BACKGROUND: This property is the subject of two (2) unresolved code enforcement cases, with three violations. These code cases remain open for continuing non - compliance and failure to pay outstanding fines and costs. As of March 17, 2017 the cumulative total amount of fines is $139,277.06 and continues to accrue at $150.00 per day for every day the violations remain. To date costs are $1,327.06 and continue to accrue until the case is closed. CE09080061: The Special Magistrate entered a Final Order approving the Signed Stipulation Agreement and accepting it's agreed upon terms. Subsequently the County agreed to an Extension to the Stipulation agreement. The property owner did not gain timely compliance by the deadline agreed to by both parties, and the fines began to accrue on August 12, 2010. The County's lien was recorded on September 21, 2010. The following violations remain: • MCC Sec. 110- 140.(1) — SCREEN ENCLOSURE INSTALLED WITHOUT BENEFIT OF A PERMIT. • MCC Sec. 6- 27(b)(2)h — ACCORDING TO THE BUILDING OFFICIAL THE UNPERMITTED SCREEN ENCLOSURE HAS BEEN DEEMED UNSAFE AND WILL REQUIRE A PERMIT TO BRING INTO COMPLIANCE. As of March 17, 2017 the daily fine(s) of $50.00 has accrued for 2409 days for a fine total of $120,450.00 and costs to date are $742.49. Fines and costs will continue to accrue until compliance is achieved and the lien is paid. CE13100185: The Special Magistrate found the property in violation and ordered a compliance date of September 22, 2016. The property owner did not gain compliance by the deadline. A lien was recorded. Fines began to accrue on September 23, 2016. The following violation remains: • MCC Sec. 20- 78.(a) FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM AND /OR DECOMMISSIONING ANY ON -SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM WITHIN 30 DAYS OF NOTICE OF AVAILABILITY OF SERVICES. As of March 17, 2017 the daily fine(s) of $100.00 has accrued for 175 days for a fine total of $17,500.00 and costs to date are $584.57. Fines and costs will continue to accrue until compliance is achieved and the lien is paid. The property is currently homesteaded. The property owner did not qualify for the County Block Grant for sewer connection assistance, based on income. There are no pending foreclosure actions at this time, however the property owner is making installment payments to creditors as per a chapter 13 bankruptcy plan in an attempt to retain this property. As of March 17, 2017 Marcel Capo owns no other properties in Monroe County, and no other open code cases or outstanding Monroe County Code liens where found. Under the policy adopted in Resolution 057 -2014 the available legal options in regard to the County's lien on this property are: 1. Initiate litigation against the property owner for injunction, foreclosure, writ of execution and money judgment; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and /or 3. Reduce the amount of the fines. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057 -2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non - compliant properties, foreclosure and /or money judgment actions for collection of unpaid fines and /or costs from a property owner. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Pursuant to Option 3 of Resolution 057 -2014, reducing the fines is an allowable option. Currently, Mr. Capo is in a Chapter 13 Bankruptcy, so initiating litigation is not the best of options. Staff recommends upon completion of his successful Chapter 13 payment plan and compliance with all code violations, that the County's fines be reduced at that time. Based on his financial hardship these fines may be reduced below the 25% threshold that otherwise limits the County Attorney's Office. DOCUMENTATION: MEMO REFFERAL FOR FURTHER ACTION CE09080061 CE13100185 CAPO SUPPORT DOCS AIS BOCC CAPO DOCS FROM CAPO CE13100185 SEPT 212016 EMAIL RESPONSE TO CAPO CE13100185 057 -2014 Resolution Collections Letter -Non Compliant FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: 2,500.00 Current Year Portion: Budgeted: YES Source of Funds: 148 -50001 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 04/12/17 148 -50001 -GROWTH MGMT ADMIN I X TA 1 X117.1.6 Cynthia McPherson Completed Steve Williams Completed Bob Shillinger Completed Assistant County Administrator Christine Hurley 03/27/2017 3:57 PM Kathy Peters Completed Board of County Commissioners Pending $2,500.00 03/20/2017 8:53 AM 03/20/2017 3:06 PM 03/21/2017 6:03 PM Completed 03/27/2017 5:01 PM 04/12/2017 9:00 AM County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 MEMORANDUM Board of Countv Commissioners Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Damry L. Kolhage, District 1 Sylvia Murphy, Dist. 5 TO: Steve Williams, Assistant County Attorney FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst DATE: March 17, 2017 SUBJECT: Recommendation to County Attorney's Office for further action in CE09080061 and CE13100185 SUBJECT PROPERTY: 1492 AQUEDUCT LANE, KEY LARGO SUMMARY: The subject property is owned by Marcel Capo. As a result of the code compliance case(s) the property remains in violation of Monroe County Codes, the daily fine(s) continues to accrue, and the lien(s) remain unpaid. CASE CE09080061 BACKGROUND: This case is as result of complaint for unpermitted pool and screened enclosure. A site visit was conducted on September 16, 2009. As a result, a Notice of Violation /Notice of Hearing was mailed to the property owners to appear at a hearing on December 3, 2009. On December 2, 2009 the property owner, Marcel Capo, acknowledged the hearing date and entered into a "Stipulation to code violation and for time to comply for first time offenses" agreement with Monroe County agreeing to the violation(s) of: • MCC Sec. 110 - 140.(1) — OBSERVED ABOVE GROUND POOL, AND SCREEN ENCLOSURE INSTALLED WITHOUT BENEFIT OF A PERMIT. • MMC Sec. 130 -186 — OBSERVED POOL AND SHED IN SIDE YARD SETBACKS. • MMC Sec. 17 -2(a) — OBSERVED BOAT TRAILER WITH FLAT TIRES AND BOAT TRAILER WITHOUT LICENSE PLATE. • MMC Sec. 17 -2(b) — OBSERVED VESSEL WITH EXPIRED REGISTRATION NUMBERS. • MCC Sec. 21 -20(a) — OBSERVED LARGE PILE OF YARD DEBRIS DEPOSITED ON THE RIGHT OF WAY • MCC Sec. 6- 27(b)(2)h — ACCORDING TO THE BUILDING OFFICIAL THE UNPERMITTED SCREEN ENCLOSURE AND ABOVE GROUND POOL HAS BEEN DEEMED UNSAFE AND WILL REQUIRED A PERMIT TO BRING INTO COMPLIANCE.; further agreeing to a compliance date of March 18, 2010 with a daily cumulative fine(s) of $200.00 if compliance was not achieved by that date. At the hearing on December 3, 2009 the Code Compliance Special Magistrate entered a Final Order approving the Signed Stipulation Agreement and accepting it's agreed upon terms. Compliance was achieved on all violations except the two counts pertaining to the unpermitted screen enclosure. Therefore, on April 7, 2010 the property owner entered into a Stipulation for an extension of time to comply, agreeing to a new compliance date of August 11, 2010 with a daily cumulative fine(s) of $50.00 if compliance was not achieved by that date. Compliance was not achieved and the daily fines began accruing on August 12, 2010 and on September 21, 2010 the Final Order was recorded in the Official Records as a lien. MEMO REFFERAL FOR FURTHER ACTION CE09080061 CE13100185 CAPO A letter was sent April 12, 2014 and research revealed on March 10, 2015 the violations remained and therefore a Notice of Motion to Authorize Foreclosure and /or Money Judgment /Notice of Hearing was mailed to the property owner certified mail. The property and courthouse were posted, as well as the Notice was mailed 1st class mail. A hearing was held on April 30, 2015 and no one appeared on behalf of the property owners. The Special Magistrate approved the motion and issued an Order Authorizing Foreclosure. On April 29, 2016 the property owner attended a Hearing regarding the sewer case (CE13100185), and in his testimony, made no mention of this case. Therefore, staff mailed another letter and a site inspection on May 18, 2016 confirmed the violations remain as follows. • MCC Sec. 110 - 140.(1) —SCREEN ENCLOSURE INSTALLED WITHOUT BENEFIT OF A PERMIT. 0 • MCC Sec. 6- 27(b)(2)h — ACCORDING TO THE BUILDING OFFICIAL THE UNPERMITTED SCREEN ENCLOSURE HAS BEEN DEEMED UNSAFE AND WILL REQUIRED A PERMIT TO BRING INTO COMPLIANCE.; As of March 17, 2017 the daily fine(s) of $50.00 has accrued for 2409 days for a fine total of $120,450.00 and I­ costs to date are $742.49. Fines and costs will continue to accrue until compliance is achieved and the lien is paid. CL CASE CE13100185 BACKGROUND: LO This property has been owned by Marcel Capo since 2000. This property was due for connection to the central CD sewer system in October 2010. Notices were sent by the Utility to the property owners from 2010 — 2013. After three years had passed the case was referred to Monroe County Code Compliance. W On February 3, 2016 a Courtesy Notice was mailed to the property owner and posted at the subject property. Subsequently, a Notice of Violation /Notice of Hearing was mailed and a hearing was held on April 28, 2016 and CD the property owner was present. The Special Magistrate found this property in violation of MCC Sec. 20 -78(a) for the failure to connect to Central Sewer System, and imposed a compliance date of September 22, 2016 with w fines to accrue if compliance was not achieved. Compliance was not by achieved and the Final Order was 0 recorded in the Monroe County Official Records as a lien on September 23, 2016. Letters were mailed to the Z property owner on September 28, 2016 and December 7, 2016. Research revealed on December 22, 2016 the violation remained, therefore, a Notice of Motion to Authorize Foreclosure and /or Money Judgment /Notice of Hearing was mailed to the property owners certified mail and the property and courthouse were posted, as well as mailed 1st class mail. A hearing was held on January 26, 2017 and no one appeared on behalf of the property owners. The Special Magistrate approved the motion and issued an Order Authorizing Foreclosure. As of March 17, 2017, the violations remain as follows. • MCC Sec. 20- 78.(a) FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM. As of March 17, 2017 the daily fine(s) of S 100.00 has accrued for 175 days for a fine total of S 17,500.00 and costs to date are $584.57. Fines and costs will continue to accrue until compliance is achieved and the lien is paid. RELEVANT INFORMATION: As of March 17, 2017 the cumulative total amount of fines is $139,277.06 and continues to accrue at $150.00 per day for every day the violations remain. Additionally, per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $1,327.06 and continue to accrue until the case is closed. 0a MEMO REFFERAL FOR FURTHER ACTION CE09080061 CE13100185 CAPO As of March 17, 2017 Marcel Capo owns no other properties in Monroe County, and no other open code cases or other outstanding Monroe County Code liens where found. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057 -2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non - compliant properties, foreclosure and /or money judgment actions for collection of unpaid fines and /or costs from a property owner. STAFF RECOMMENDATIONS: Authorization to initiate litigation against Marcel Capo, and the property located at 1492 Aqueduct Lane, Key Largo, Florida, and any other properties owned by them if necessary, to seek compliance with the County Codes and enforce the liens arising from code compliance case number(s) CE09080061 and CE13100185. Attachments: Page(s) CE09080061 1 -4 INITIAL PHOTOS 5 UNSAFE DECLARATION 6 NOTICE OF VIOLATION/ NOTICE OF HEARING 10 -19 -2009 10 STIPULATION AGREEMENT 12 -2 -2009 14 FINAL ORDER/LIEN 15 EXTENSION OF TIME TO STIPULATION AGREEMENT 4 -7 -2010 18 PHOTOS OF REMAINING VIO(S) 4 -4 -2014 19 LETTER 4 -12 -14 20 -23 LETTER 3 -10 -15 W/ MOTION TO PROCEED W/ COLLECTIONS 24 ORDER AUTHORIZING FORECLOSURE 4 -30 -15 25 LETTER 4 -29 -16 26 PHOTOS OF REMAINING VIO(S) 5 -18 -16 27 FINE SCREEN 28 -33 CASE DETAIL CE13100185 34 WARRANTY DEED 7 -28 -2000 35 -40 NOTICES FROM UTILITY TO CONNECT 41 -43 COURTESY FROM CODE, CASE HAS BEEN REFERRED 44 -50 NOTICE OF VIOLATION/NOTICE OF HEARING 3 -30 -16 51 FINAL ORDER/LIEN 52 LETTER 9 -28 -16 53 LETTER 12 -7 -16 54 -57 LETTER 12 -22 -16 W/ MOTION TO PROCEED W/ COLLECTIONS 58 ORDER AUTHORIZING FORECLOSURE 1 -26 -17 59 FINE SCREEN 60 CURRENT PROPERTY APPRAISER RECORD CARD Kj MEMO REFFERAL FOR FURTHER ACTION CE09080061 CE13100185 CAPO O cu N N A N Y N N O U I c U O N Q N d' r O Q N U I co 0 0 0 0 0 0 W U rn 0 ti 0 0 Tm- Rf N N A N Y N co O U I c J U 7 N a' Q N d' O C- CU U I co 0 0 0 0 0 0 W U rn 0 ti 0 0 N N A N Y cn CD O U I c J v N cr Q N 0) 0 Q U (0 0 O Co O 0) 0 W U rn 0 ti 0 0 1 > t ,y tut T- A HE A `„ Z TO: Joe Paskalik, Building Official THROUGH: Ronda Norman, Sr. Director, Code Enforcement FRO SUBJECT: Referral for Unsafe /Unsanitary Property /Structure(s) /System(s) Owner/ Tenant: RE: i %C ` KEY: COMMENTS: I have reviewed the documents /photographs provided to me regarding the above Code Enforcement Case. Based upon the photographs/ documents provided to me, it is my opinion, that the conditions of the property, structure(s) and /or system(s) are deemed to be: Unsafe per Monroe County Code and will will not require a building permit to bring the violation(s) into compliance. q g Unsanitary per Monroe County Code and will will not require a permit to bring the violation(s) into compliance. Build in Official Date PLAINTIFF'S EXHIBIT MONROE COUNTY CODE ENFORC -.,ENT NOTICE OF VIOLATION /NOTICE OF HEARING TO: CAPO MARCEL CASE NUMBER: CE09080061 1492 AQUEDUCT LN KEY LARGO, FL 33037 RE NUMBER: 00468472006300 LOCATION 1492 AQUEDUCT LN CROSSKEY WTWY KEY LARGO, FL 33037 DEAR PROPERTY OWNER / TENANT, You are hereby notified that an investigation of the above referenced property on 9-16 - found violations of the following Monroe County Section(s): 110-140.(l) OBSERVED ABOVE GROUND POOL, AND SCREEN ENCLOSURE INSTALLED WITHOUT BENEFIT OF A PERMIT. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code.All permits will require PASSING FINAL INSPECTION(S). 130 -186. OBSERVED POOL AND SHED IN SIDE YARD SETBACKS. Corrective Action Required: CONTACT THE MONROE COUNTY PLANNING DEPARTMENT AND OBTAIN A VARIANCE (IF APPLICABLE) OR REMOVE AS DIRECTED. 17 -2 . (a) OBSERVED BOAT TRAILER WITH FLAT TIRES AND BOAT TRAILER WITH- OUT LICENSE PLATE Corrective Action Required: 1) VEHICLES MUST BE CURRENTLY REGISTERED /LICENSED or 2) Remove inoperative and /or unlicensed vehicles from the property, or 3) Store inoperative and /or unlicensed vehicles in a completely enclosed garage. Contact this office upon compliance. 17-2.(b) OBSERVED VESSEL WITH EXPIRED REGISTRATION NUMBERS. Corrective Action Required: Watercraft must be currently licensed and currently operative, or (2) remove inoperative and /or unlicensed watercraft from the above described property, or (3) store in a completely enclosed building. 21- 20.(a) OBSERVED LARGE PILE OF YARD DEBRIS DEPOSITED ON THE RIGHT OF WAY. Packet Pg. 1788 Corrective Action Required: Remove all debris, garbage, litter and /or items specified by the Code Enforcement Inspector.Removal of said materials does not authorize the cutting or removal of native or other vegetation without a permit if required. 6 -27. (b) (2)h ACCORDING TO THE BUILDING OFFICIAL THE UNPERMITTED SCREEN ENCLOSURE AND ABOVE GROUND POOL HAS BEEN DEEMED UNSAFE AND WILL REQUIRED A PERMIT TO BRING INTO COMPLIANCE. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT TO: OBTAIN AN AFTER THE FACT PERMIT AND /OR RENEW AN EXISTING PERMIT, COMPLETE REQUIRED INSPECTIONS, OBTAIN A CERTIFICATE OF OCCUPANCY AND /OR CERTIFICATE OF COMPLETION. NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFETY AND WELFARE. Corrective Action Required: TO AVOID FINES AND /OR COSTS of prosecution as per Chapter 162 F.S. all violations noted above must be corrected by If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Code Enforcement Inspector, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR AND REQUEST A RE- INSPECTION. If you fail to correct the above described violations, you must appear before the Special Magistrate as stated below. ** NOTICE OF ADMINISTRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 12/03/2009 at 09:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. The purpose of this hearing is to determine if in fact, a viola- tion currently exists, the appropriate action to be taken, and any fines or penalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED ON YOUR PROPERTY You may appear in person and /or be represented by an attorney. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. *IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based, Packet Pg. H 9 Should you seek a continuance of your administrative hearing, the presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least FIVE worki days prior to the date noticed for the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request. Pursuant to F.S. Chapter 162.09(2)(d), your failure to correct the violation(s) may result in the impositon of a fine, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Date: 10/19/09 LI AN Code Enforcement Inspector I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified mail, Return recpt Aequest No. 9002 2y1 o 6 Z>65 LA V$ Code Enforcement Department Please contact your inspector at the appropriate Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 - (305)292 -4495 Middle Keys: 2798 Overseas Hwy. Marathon, FL 33050 - (305)289 -2810 Upper Keys: 102050 Overseas Hwy.Key Largo, FL 33037 (305)453 -8806 If you are a person with a disability who needs any accommodation in order to participate, you are entitled, at no extra cost to you, to the provision of certain assistance. Please contact this office at (305)289 -2509 within 2 days of your receipt of this notice. If you are hearing impared, please call 711. Monroe County Code Enforcement Office of the Liaison 2798 Overseas Hwy. Marathon, FL 33050 Phone: (305)289 -2509 (305)289 -2858 IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE MONROE COUNTY COURTHOUSE RECEIPT MAIL, A TRUE AND THE SUBJECT PROPERTY AND Packet Pg. H7 o MONROE COUNTY, FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE09080061 RRR# 7002 2410 0000 9898 3654 7 00 2410 0000 98 4 4 N ap r � ? o N s k CO �DX ODD D rCD 1_ n C.0 0 C) r '- 9 I 0 CO) 00 J M N 0 52 0 9 3 �i m �6 zF aa 2 m z �g r w w 10 m m t ; W N C) �ND o ��� o O C7 ODD 0 rCD C) r C7 W Z r � m c a ❑❑❑v w c g 01313 O g O 3 v 3 m CL i O N •►7 3 (D cam » w 3 K cu 2 y cr m n Q w N y 3 w F . m CD Packet Pg. 1791 MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE DocK 1806400 Bkq 2484 Pop 198 Monroe County Code Enforcement Petitioner VS. Case Number: CE09080061 Capo, Marcel Respondent(s) STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES In the matter of: 1492 Aqueduct Lane, Cross Key Waterways, Key Largo Re# 00468472- 006300 Marcel Capo, (hereinafter referred to jointly and severally as "Respondent(s) ") and Monroe County Code Enforcement ( "Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: Respondent(s) agrees that I /we received the Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on DECEMBER 3, 2009 to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ( "Hearing "). 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation which was served in this matter. C:\Documents and Settings \link- diane\Desktop\MASTER STIPULATION FOR FIRSTTIME OFFENDER GEARY (3).DOC Packet Pg. 1792 a 3. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code Enforcement. However, by entering into this Stipulation, Respondent(s) understands and agrees that: (a) He /she need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and co (b) Any evidence in the Code Enforcement file will be deemed the record in the case; and (c) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida CD CD Statutes. CL 4. The parties agree that the property will be checked for compliance co I- N on March 18, 2010. 5. The Respondents agree to pay all costs incurred in prosecuting the case within 30 days of compliance date set forth in paragraph 4, and that such costs shall be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8- 29(b). 6. The parties agree to a fine of $200.00 er day that shall accrue daily and may be imposed against the Respondent(s) and recorded as a lien against the property and upon any other real or personal property owned by the Respondent (s), if the property is not brought into compliance within the time specified in paragraph 4. Deep 1806400 B14N 2484 Pgo 199 C:\Documents and Settings \link- diane \Desktop\MASTER STIPULATION FOR FIRST TIME OFFENDER GEARY (3).DOC 2 A Packet Pg. 1793 A A, M.4.b 7. The Respondent(s) understands that if the Respondent(s) fails to comply within the time given, the fine(s) shall accrue each day the violation(s) remain as follows: 110- 140.(1) $25.00 Per da 130.186. $25.00 Per day 6- 27.(b)(2)h $100.00 per day Co 17 -2(a) $25.00 per day 17 -2(b) $25.00 per day 8. The parties understand and agree that the Respondent(s) may revoke this Stipulation within 5 days, of the signing of this stipulation. Such revocation must be done in writing or done in person with Inspector Diane Link, no later then the CD CD CD end of the business day November 25, 2009 CL 9. Respondent(s) agrees and represents that Respondent(s) entered Co I- into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he /she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. DaaN 1806400 DO 2484 PgN 200 C:\Documents and Settings \link- diane\Desktop\MASTER STIPULATION FOR FIRST TIME OFFENDER GEARY (3).DOC Packet Pg. 1794 By signing this Stipulation, both parties represent that they have READ, UNDERST OD, AND CONSENT to its terms and conditions. 7 (' N Si nature of Respondent(s) / Date Signature of Respondent(s) / Date Print Name STATE OF ' I Or i dk COUNTY OF 'f tN ^ r o PERSONALLY APPEARED BEFORE ME, the undersigned authority, IPA It 4 Q 1 —A lr� CA V) who, after first being sworn by me, affixed his/her signature (name of individual signing) in the s ce provided above on this A day of 20 Q9 Lr ��� TARY PUBLIC P Print Name CD STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, CL after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 20_ NOTARY PUBLIC CL r' Signature of .Petitioner (CouAty) / Date —t: S FL-c-qoX P '%rsor CL"ictu 4N-, n.a, �,•" ' CNYa7i1f; My SE49EN Myc Nowt . NO Of plMda 9 mhab NOV 19, 201; 0 00 830697 BMW N g7, Assn. V" Gt c c ? rb-'F' " cnn a C. 2o0 C,�s+u1 00ocuments and Settings\link- diane\Desktop\MASTER STIPULATION I FIRST TIME OFFENDER GEARY (3).DOC S,e 1h-cv\ 4 Packet Pg. 1795 BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) n Petitioner, ) Case No. CE _1J"tlJ 0 'J vs. ) 08-6.EI on ' ) ) ) ) Respondent(s). ) 1 D13cll 1806400 09/21/2010 12:58PH F.11ed 8 Recorded in Official Records of FINAL ORDER MONROE COUNTY DANNY L. KOLHAGE Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspectors) and/or witnesses under oath, the following 00 Findings of Fad and Conclusions of Law are ORDERED-:, . �S[4 1/ (� ��1� �/ 1,.,_ The Respondent(s) and/or Authorized Representativ A �0 sh WO Abseesrw rs not N present and dWid not contest the violation(s) set forth in the Notice of VlalationiNcke of Hearing which is incorporated herein as if fully set forth. °® public health, safety and wetlam. It is further ordered, that the County is hereby authorized to make ail reasonable repairs which are required to bring the property into (yfThe Res ndent a Is/are the owne s of ro located within Monroe Ceun and waslwere du noticed of the heuut The Islare in violation of po () owne p r o perty Coun h hearing. Respondent(s) OL the Monroe County Code(s) as fully set forth in the Notice of VlolationlNotice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are here levied for the administrative recovery of the costs of prosecuting and Investigating this matter, Costs will continue to accrue until compliance is achleved a sed. Furthermore, the Respondent(s) shell comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before (0 ( "THE COMPLIANCE DATE"). (/In the event the violabon(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH CD HEREIN, fine(s) in the amount of: CD In the event of nonpayment of fines and costs Imposed on Respondent(s), a cardffed copy of this Order may be recorded in the public records and shall _ thereafter constitute a Ilan against the laird on which the violation or violations exist and upon any other real or personal property owned by the violator. OL for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are hereby ORDERED. 00 N ( ) a one time fine of $ is ORDERED, and the condition causing the violations) is found to present a threat to the °® public health, safety and wetlam. It is further ordered, that the County is hereby authorized to make ail reasonable repairs which are required to bring the property into compliance and charge the respondent(s) with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter. OL ( ) The Respondent(s) islare ordered to attend a complianeefreview hearing to be held on 20_ IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE ENFORCEMENT AT (30514538806 FOR THE UPPER KEYS: (3051202810 FOR THE MIDDLE KEYS: (30512924495 FOR THE LOWER KEYS In the event of nonpayment of fines and costs Imposed on Respondent(s), a cardffed copy of this Order may be recorded in the public records and shall _ thereafter constitute a Ilan against the laird on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may Institute foreclosure proceedings if the Ilan remains unpaid for three months. Please make checks payable to Monroe County Code Enforcement and maid to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2798 Overseas Hwy„ Suite 330, Marathon, FL 33050. ( ) The Respondents) were in violation of the MONROE COUNTY Code(s) as fully set forth in the Notice of Vlolation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and/or fines N ($ to Monme County Code Enforcement within thirty (30) days of this Order. OL Docp 1806400 Sktl 2484 PgN 197 DATED this day 20�. Q) o flym LARRY J. SA clal Magistrate APPEAL PROCEDURES Respondents) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER ^UPSUANT TO SECTION 162.11, FL-2f:lOA STATUTES. ANY SUCH APPEAL WILL BE LIMTITED TO APPELLATZ, REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER AND SERVICE I hereby certify that this is a true a of the above Order and that a true and correct copy has been furnished to the nt(s) and /or Authorized Representative via hand delivery 14irst class U.S. to address of record with the Monroe County Property Appraiser's Office on this day of 20 tip a4'T'- • A ►v� MENEM MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner VS. DoacN 1806400 810 2484 Pgla 202 Case Number CE09080061 Marcel Capo Respondent(s) co STIPULATION FOR AN EXTENSION OF TIME TO COMPLY co In the matter of: Re# _00468472.006300_ CD CL _Marcel Capo (hereinafter referred to jointly and severally as co I- N "Respondent(s) ") and Monroe County Code Enforcement ( "Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees I /we received and signed the Stipulation agreement on December 2, 2009. Under the Stipulated Agreement we agreed to a compliance date of March 18, 2010. We are not going to be in compliance by that date. 2. Respondent(s) agrees that the violation(s) still exist in the above mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a) The parties are now agreeing to extend the compliance date. (b) Respondent(s) understands that he /she need not appear at the Hearing but instead, stipulates to extension of time to comply, and (c) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The property will be checked for compliance on August 11, 2010 (New compliance date). CADocuments and Settings\ link- diane\Desktop \desk - top riles\EXTENSION TO STIP.doc Packet Pg. 1797 i 4. The parties understand that a fine of $50.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondents(s) fails to comply within the time given, the fine(s) shall accrue each day the violation(s) remain as follows: 6- 27.(b)(2)h $25.00 per day co 110- 140.(1) $25.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the CD case within 30 days of compliance and that such costs may be imposed as a lien under CD co CD Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8- 29(b). CD CL 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 8. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he /she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 9. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with _Inspector Link by the end of business _March 12, 2010 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. Diaep 1808400 BM 2484 P9N 203 E CADocuments and Settings \link- diane\ Desktop \desk- top_files\EXTENSION TO ST1P.doc packet Pg. 1798 f W M> N D o 0 0 ti 00 tV c TAN; 0 G 6� signature of Respondent(s) /Date Print Name STATE OF COUNTY O PERSONALLY APPEARED BEFORE ME, the undersigned authority, 600 1 0 ��� - who, after first being sworn by me, affixed his/her signature (name of individual signing) in the �cWoyvided app on the day of Print Name STATE OF _ COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 20_ NOTARY PUBLIC 0-3cN 1806400 B10 2484 1 204 a�at•ip49B0 71ry'M11�tN- 4 e4 Jo gwetdeS sa 1=3 . Z j ARY PUB IC Z0099aa # uoissiww, f ` STATE OF D// COUNTY OF B'1= PERSONALLY APPEARED BEFORE ME, the undersigned authority, d iQ/1e ze lrk who, after first being sworn by me, affixed his/her signature (name of individual si ning) in the space provided above on this 01— day of ri / 20J6 NOTARY P BLIC Signature of Respondent(s) / Date NICOLE M. PETRICK Notary Pew • state of florlala My Cantu. ExPku Dec 12, 2013 Cemm11 # DD 917'993 itaetapA NAM81 Marry Ann. M13NROE COUNTY 01 RECORDS CADocuments and Settings\ link- diane\Desktop\desk- top_files\EXTENSION TO STIP.doc Packet Pg. 1799 rk� rF"r d 4 � -i � � c � � U � � @ � cr Q � 0) Rt r-I � � 0 0 00 0 0) 0 U 0 � § � � .� � 0 w CL � � � � O N � � # � � : Be? P County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 CAPO MARCEL CAPO 1492 AQUEDUCT LN KEY LARGO, FL 33037 -2802 Board of County Commissioners Mayor Sylvia Murphy, Dist. 5 Mayor Pro Tern Danny L. Kolhage, Dist. 1 Heather Carruthers, Dist. 3 David Rice, Dist. 4 George Neugent, Dist. 2 April 12, 2014 Subject: Code Case: CE09080061 Location: 1492 Aqueduct Lane, KL Dear Property Owners, M �u 16 1 The purpose of this letter is to inform you that the Final Order dated December 4, 2009 was recorded in the Monroe County Clerk's Office on September 21, 2010 as a lien on behalf of Monroe County at Book 2484, Page 197. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all 0. other real and/or personal property you own. r , A daily fine of $25.00 per day has accrued 1339 days for a current total of $33,475.00. Additionally, our records indicate that the violations remain on your property and the fines will continue to run in the amount of $25.00 per day until the property comes into compliance. Additionally Per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date, these costs are $341.94 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is $33,816.94 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 30 days will result in a referral to the Monroe County Attorney's Office for further action. Respectfully yours, cC Kathleen Win sor Sr. Code Compliance Research Analyst Windsor- kathleenna.monroecounty -fl.gov 305- 289 -2586 Packet Pg. 1801 County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2536 Board of County Commissioners Mayor Danny L. Kolhage, Dist. l Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 A ARCEL CAPO 1492 AQUEDUCT LN °° KEY LARGO, FL 33037 March 10, 2015 Subject: Code Case: CE09080061 Location: 1492 AQUEDUCT LN CROSSKEY WTWY KEY LARGO, FL 33037 Dear Property Owners, The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. I Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on April 30, 2015. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate location. Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292 -4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289 -2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453 -8806 If this case involves a Sewer Connection, and you have achieved compliance, please contact Inspector Traci Schoenrock at (305) 292 -4498. Additionally, pursuant to F.S. §162.07(2), the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F.S. § 162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. Respectfully yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor-kathleen@monroecouniy-fl.gov 305- 289 -2586 Packet Pg. 1802 AVPWA BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) MARCEL CAPO, ) Respondent(s). ) CASE NO.: CE09080061 NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to F.S. 162.09(3), to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien in this case, which was recorded in the Official Records of Monroe County on 09/21/10, Book 2484, Page 197 on the property that was the subject of the code compliance action described as: 1492 AQUEDUCT LN CROSSKEY WTWY KEY LARGO, FL 33037 , Monroe County, RE# 00468472006300, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of March 10, 2015 is $42,184.34 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on April 30, 2015 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050 1� 7t, l Steven T. Williams Assistant County Attorney 1111 12' Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this L day of 20 15 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. 1213 1- y (Ywo @19- (P1(e ` ,/ to 1492 AQUEDUCT LN KEY LARGO, FL 33037 FL V A I Code Compliance DepAfiment ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". Packet Pg. 1803 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE09080061 I , Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: CAPO MARCEL, described as 1492 AQUEDUCT I_N CROSS KEY WATER WAY, KEY LARGO, FL 33037, having the property RE #: 00468472006300 with the Notice of Violation /Notice of Hearing for this case with a Hearing Date of 04/3012015. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: ( Time �• �� Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation l ley ourthouse — 88820 Overseas Highway, `'h Date: s Time: Sworn to and subscribed before me this day CERTIFICATION OF MAILING: I, CHERYL MARTIN JONES Monroe County Code Compliance, mailed a duplicate copy of the above - mentioned Notice via First AQUEDUCT L.1-4, r% LARGO, FL 33037. iAt Sworn to and subscribed before me this 13 day NKoLE IL PMICx :. My COMM MM M a n= OM EXPIRES' December 3 R declare under penalty of perjury, that I Class Mail to: CAPO MARCEL, 1492 Packet Pg. 1804 ;` ,q� Tavernier, Florida Notary Public, State of Florida • u�iO�j< OY o �i u � A Q U r-I l0 O 00 O 01 O w U L 1 4 - W V Q � J W Y Z J 0 W C( Q N 0) d' r-I Ln O r-I O r , Packet Pg. 1805 TUI =0 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE09080061 MARCEL CAPO, ) Respondent(s). ) CD CD ORDER AUTHORIZING FORECLOSURE A Order Imposing Penalty was entered in this matter and was thereafter recorded as a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money a. judgment proceedings to recover the amount of the lien plus accrued interest. e It DONE AND ORDERED this r "day of 20JS, at the Marathon Government Center, Marathon, Florida. John G. Van Lamn gharn Special Magistrate CERTIFICATE OF ORDER I hereby certify that this i a true and correct copy of the above Order. Nicole M. Petrick, Liaison CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first class U.S mail to Respondent(s) address of record w/ the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative a on this !!Z �! day of Z 20/S Nicole M. Petrick, Liaison 1. Packet Pg. 1806 County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2536 Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Danny L. Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 MARCEL CAPO 1492 AQUEDUCT LN co KEY LARGO, FL 33037 -2802 CD CD April 29, 2016 co CD Subject: Code Case: CE09080061 CD Location: 1492 AQUEDUCT LN KEY LARGO Dear Property Owners, The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property c- as a result of the above referenced code compliance action. A copy is enclosed for your convenience. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or 0. personal property you own. Additionally, our records indicate that the violations remain on your property. Because your property is not in compliance the fines continue to run in the amount of $25.00 per day until the property comes into compliance. A daily fine of $25.00 per day has currently accrued for 2087 days for a current total of $52,175.00. Additionally pursuant to F.S. § 162.07(2), since the County prevailed in prosecuting the case before the Special Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F. S.162.09(3). To date, these costs are $514.67 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is $52,689.67 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 15 days will result in a referral to the Monroe County Attorney's Office for further action. Respectfully yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor- kathleen(a,monroecounty -fl.gov Packet Pg. 1807 Packet Pg. 1808 5/18/16 -Capo -1492 Aqueduct Lane -Key Largo -By Link () Code Enforcement Fines - MONROE COUNTY ' LIVE File Edit Actions Details Links Help Case Irformation Fne Details Case Number CEG9680W Onginabon 1 -PHONE CALL RE 0046847200M Date Ordered 12/03/209 i1 Board Address 1492 AQUEDUCT LN CROSS KEY WTWY Total I Ordnance Date Ordered Comply By Fine Start 130-186. 12/03/2003 08/1 1/201 D 08/12i2010 17-2.(a) 12iO31209 ! 08111/2010 08112/2010 17-2.(b) 1210312003 '08111, 1 a 93/1212010 5-27.0)(2)h 12/03/2009 08/11 98/121'2010 39 21-2D.(a) � Continuous 1 71"1 = 111 , Fne Details OrdinanceCode 110140,A) Date Ordered 12/03/209 i1 Camply By Fine start 08/12/2010 h ^ Day Fine "Amber of Days 2409, Suspended Days Current Rne 60225,00 Complied Date Settle Amount 000 Settle Date Amount Pad 000 Date Paid � Continuous 1 71"1 = 111 , 00 CD 0 CD w 0 CL S.xwded Days 00 CV Code Enforcement Detail Page 1 March 17, 2017 - 3:54 PM MY Account I Pri_v_q Police CODE ENFORCEMENT DETAIL Case Number CE09080061 Tenant Case Date 08 -10 -2009 Add Info Origination 1 - PHONE CALL Status L - LIEN CREATED Operator reedere Officer DCL PROPERTY ON CASE RE 00468472006300 Owner CAPO MARCEL Property Address 1492 Y AQUEDUCT LN CROSSKEY Owner Address 1492 AQUEDUCT LN City/State /Zip KEY LARGO FL 33037 City/State /Zip KEY LARGO FL 33037 Phone CASE DESCRIPTION NO PERMIT FOR ABOVE THE GROUND POOL SITE INSPECTIONS SHOWS NUMEROUS VIOLATIONS ON PROP ERTY. POOL & SHED IN SETBACKS, ABANDONED BOAT & TRAILERS, HUGE PILE OF YARD DEBRIS, UNPERMITTED POOL AND SCREEN ENCLOSURE. ISSUE NOTICE OF VIOLA- TION TO PROPERTY OWNER. — ORIGINAL INSP - INSP LINK COMPLAINT CODE(S) 1: XXX -NO PERMIT VIOLATION CODE(S) 1: 110 -140. (1) -- BUILDING PERMIT REQ /CH 6 2: 130 -186. -- MINIMUM YARDS /SET BACKS 3: 17 -2. (A) XXX ABANDONED VEHICLE 4:17-2.(B) XXX ABANDONED WATERCRAFT 5: 21- 20.(A) -- PREMISES TO BE CLEANED 6: 6- 27.(B)(2)H -- UNSAFE PERMITS INSPECTIONS C.0 7:99 NOTES 2009 -10 -19 09:21:51 EXHIBIT #1 IS AN UNSAFE MEMO SIGNED BY THE BUILDING OFFICIAL FOR UNPERMITTED POOL AND SCREEN ENCLOSURE EXHIBIT #2 IS PERMIT #89302121 FOR THE INSTALLATION OF THE DOCK EXHIBIT #3 IS PERMIT #90300368 FOR THE INSTALLATION OF THE MOBILE HOME AND TO REISSUE THE EXPIRED DOCK PERMIT EXHIBIT #4 IS THE CERTIFICATE OF OCC- UPANCY DATED 6/11/90 FOR THE DOCK AND THE MOBILE HOME EXHIBIT #5 IS THE COUNTY STAMPED PLAN FOR THE DOCK AND MOBILE HOME. AS YOU . Packet Pg. 181 Q Code Enforcement Detail LOOK AT THE PLAN THERE IS NO SCREEN ENCLOSURE ONLY A SLAB NEXT TO THE MOBILE EXHIBIT #6 IS PERMIT 90302126 FOR THE CHAIN LINK FENCE EXHIBIT #7 IS PERMIT 93310037 FOR A 18'X 20' SLAB AND AWNING. EXHIBIT #9 IS A COMPOSITE PHOTO SHOWING THE PILE OF YARD DEBRIS, POOL, SHED AND SCREEN ENCLOSURE. EXHIBIT #10 SHOWS THE UNPERMITTED POOL EXHIBIT #11 SHOWS THE BOAT TRAILER WITH OUT A LICENSE PLATE - EXHIBIT #12 SHOWS ANOTHER BOAT TRAILER WITH FLAT TIRES AND THE FL #'S ON BOAT EXHIBIT #13 IS A PRINTOUT I RECEIVED FROM THE TAX COLLECTORS OFFICE SHOWING THE BOAT REGISTRATION EXPIRED ON 5/27/08 A REINSPECTION ON 11 /30/09 SHOWED THE POOL REMOVED Ft THE DEBRIS PILE REMOVED. SEE EXHIBIT #14 - EXHIBIT #15 SHOWS THAT ALL OTHER VIOLATIONS EXIST. NO PERMITS HAVE BEEN APPLIED FOR. 2014 -04- 0410:39:51 LIS PENDENS FILED AFTER COMPLIANCE DATE BY WELLS FARGO. FINAL JUDGMENT WAS ISSUED 12 -22 -2011 AND THEN VACATED IN 2 -22 -2012. LIS PENDENS WAS RELEASED. WELL FARGO FILED NEW LIS PENDENS NAMING MONROE COUNTY 3 -3 -2014. PROPERTY IS HOMESTEADED. BOTH FORECLOSURE ACTIONS BY WELLS FARGO HAVE BEEN VACATED AND CLOSED. INSPECTIONS /EVENTS DETAIL DATE TIME INSPECTION / EVENT TYPE 03 -17- 10:35:25 ACTION BY SR CC RES ANALYST 2017 03 -17- 10:35:11 COMMENT CODE 2017 10 -04- 10:37:46 ACTION BY SR CC RES ANALYST 2016 09 -21- 10:38:40 ACTION BY SR CC RES ANALYST 2016 INSTRUCTIONS / COMMENTS RESEARCH - WHILE PREPARING AIS FOR BOCC - REVEALS THAT THE TERMS OF THE UNSAFE CHARGE CHANGED ON THE EXTENSION TO THE STIPULATION. FINE WAS CHANGED TO 25.00 BEGINNING ON 8/12/2010. FINE WAS ORGINALLY 100.00 BUT BELIEVE THE CHANGE WAS DUE TO THE FACT THAT THE AWNING AND THE SLAB WERE PERMITTED, THE POOL WAS REMOVED, LEAVING ONLY UNSAFE FACTOR THE SCREENED ADDITION. KW FINE CHANGED 6- 27.(B)(2)H START DATE: 08/12/10 FINE AMT: 25.00 PER EMAIL FROM LAURIE - 10 -4 -16 - THIS PROPERTY OWNER IS IN BANKRUPTCY. THE BANK HAD MOVED TO RESCHEDULE ITS FORECLOSURE SALE, AND HE FILED FOR CH. 13. HOWEVER, THE BANKRUPTCY MAY BE DISMISSED BEFORE LONG, BECAUSE THE TRUSTEE IS OBJECTING TO CAPO'S CLAIM OF EXEMPTIONS. STAFF RECIEVED EMAIL FROM PO REQUESTING EXTENSION OF TIME ON THE SEWER CASE Page 2 0 Packet Pg. 1811 Code Enforcement Detail 05 -18- 14:10:17 COMMENT CODE 2016 05 -17- 08:55:57 REINSPECTION 2016 04 -29 12:51:43 LETTER NON - 2016 PAYMENT /COMPLIANCE 04 -29- 12:49:34 ACTION BY SR CC RES ANALYST 2016 03 -03- 11 :51:12 COMMENT CODE 2016 06 -02- 09:35:45 COMMENT CODE 2015 06 -01- 16:01:49 REINSPECTION 2015 05 -04- 16:01:31 ACTION BY LIAISON 2015 05 -04- 16:01:11 ACTION BY LIAISON 2015 04 -30- 16:00:47 SM GRANTED MOTION TO 2015 PROCEED 04 -30- 14:37:32 INSPECTORS HEARING NOTES 2015 04 -30- 10:02:43 SET FOR HEARING 2015 04 -21- 12:11:44 REINSPECTION 2015 (CE13100185) AND HE PROVIDED DOCUMENTS SHOWING A PAYMENT PLAN ARRANGEMENT AS A RESULT OF HIS BANKRUPTCY PROCEEDINGS. APPEARS HE HAS RETAINED OWNERSHIP OF THIS PROPERTY. PHOTOS FROM REI IN ATTACHMENTS SCREEN ROOM STILL IN EXISTS. NO PERMIT TO ENCLOSE WITH SCREENING MATERIAL. MAILED 15 -DAY LETTER: $25.00 PER DAY UNTIL THE PROPERTY COMES INTO COMPLIANCE. A DAILY FINE OF $25.00 PER DAY HAS CURRENTLY ACCRUED FOR 2087 DAYS FOR A CURRENT TOTAL OF $52,175.00. TO DATE, COSTS ARE $514.67 THE CURRENT AMOUNT OF THE MONROE COUNTY LIEN IS $52,689.67 AND FINES AND COSTS WILL CONTINUE TO ACCRUE UNTIL COMPLIANCE IS ACHIEVED AND PAYMENT IS RECEIVED. FAILURE TO BRING YOUR PROPERTY INTO COMPLIANCE WITHIN 15 DAYS WILL RESULT IN A REFERRAL TO THE MONROE COUNTY ATTORNEY'S OFFICE FOR FURTHER ACTION. THIS CASE IS NEXT ON SCHEDULE FOR BOCC BUT MR CAPO WAS AT SM THIS WEEK REGARDING HIS SEWER CASE AND MADE NO MENTION OF THIS CASE. ALSO I CANT BE SURE HE REALIZES THAT WE HAVE ALREADY RECEIVED APPROVAL FROM SM FOR COLLECTIONS. SINCE THE ONLY VIOLATIONS LEFT IS THE SCREENED ADDITION, I AM SENDING A LETTER IN AN ATTEMPT TO GAIN COMPLIANCE BEFORE PROCEEDING TO BOCC. KAT EMAIL FROM LAURIE, FORECLOSURE DISMISSED AND PO RETAINS POSSESSION OF PROPERTY. PHOTOS FROM 6/1/15 IN ATTACHMENTS. PRINTED COLOR PHOTOS TO WINDSOR FOR S/M FILE. NO PERMIT TO KEEP OR TO DEMO SCREEN ROOM. SEE PHOTO SHOWING SCREEN ROOM STILL EXIST ORIGINAL FILE FILED BY MONTH OF LIEN - SEPTEMBER 2010 COPY OF ORDER AUTHORIZING FORECLOSURE MAILED TO PO VIA 1ST CLASS US MAIL ON 05/04/15. SM ORDER AUTHORIZING FORECLOSURE NOTE: NO ONE PRESENT AT HEARING. SM APPROVED MOTION TO PROCEED WITH COLLECTION ACTIONS. NO ONE APPEARED FOR RESPONDENT. SPOKE TO OWNER GIVING HIM OPTIONS. EITHER GET DEMO PERMIT FOR THE SCREEN Page 3 Packet Pg. 1812 Code Enforcement Detail Page 4 0,1%� Packet Pg. 1813 ROOM, OR GET PERMIT TO KEEP THE SCREEN ROOM. THE ONLY ITEM LEFT FOR COMPLIANCE ON THIS CASE IS THE EXT. SCREEN ROOM. THE SLAB Et AWNING WERE PERMITTED. PER USPS.COM CERTIFIED NOTICE OF MOTION TO AUTHORIZE FORECLOSURE 04 -20- AND /OR MONEY JUDGMENT PROCEEDING 2015 16:59:27 UNCLAIMED CERT MAIL ITEM SHOWS "UNCLAIMED" CERT #: 7013 1710 0000 2973 6164 CMARTIN 04 -17 2015 10:39:35 SENT TO LIAISON ORIGINAL FILE TO LIAISON.CMARTIN 04 -16- PROPERTY AND COURTHOUSE POSTED - LO 2015 15:13:02 COMMENT CODE PHOTOS TO KW FOR FILE- LC CD PREPARING POSTING AND MAILING FOR NOTICE OF MOTION TO AUTORIZE I 04 -13- FORECLOSURE AND /OR MONEY JUDGMENT 2015 11:44:46 ACTION BY ADMIN PROCEEDING ft NOTICE OF HEARING TO PO VIA FIRST CLASS MAIL. to P OSTING PACKAGE SENT TO KEY LARGO CD INSPECTOR TO POST. CMARTIN NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDING Ft NOTICE OF HEARING FOR 03 -10- 14:50:57 ACTION BY ADMIN 04/30/2015 HRG CL 2015 MAILED CERTIFIED TODAY. CERT #7013 1710 0000 2973 6164 P0: MARCEL CAPO CMARTIN rte. PRESEARCH REVEALS THAT BOTH 0 FORECLOSURE 03 -10- ACTIONS BY WELLS FARGO HAVE BEEN CL 2015 13:57:42 REINSPECTION VACATED AND CLOSED. NO PERMIT APPLICATIONS FOR SCREEN ROOM. 03 -10- 2015 13:46:55 COMMENT CODE PASSED FILE TO CHERYL FOR CERT MAIL ITEM 03 -10- 13:44:52 MOTION BY COUNTY TO PROCEED PREPARED MOTION FOR APRIL 30, 2015 SM 2015 FOR SIGNATURE AND CERTIFIED MAILING. PC FROM P0. HE STATED THAT HE HAD BEEN TO THE BLDG DEPT AND THEY GAVE HIM A HARD TIME. HE ALSO STATED THAT SOMEONE (— TOLD HIM AWHILE AGO THAT THE DOORS WERE CL GRANDFATHERED IN AND HE HAD BEEN TOLD CL "DONT WORRY ABOUT IT." I EXPLAINED THE PERMITTING HISTORY AND ENCOURAGED HIM TO DEMO THE SCREEN ROOM 04 -22- AND ACHIEVE COMPLIANCE, THEN PERMIT IT 2014 11 :01:37 ACTION BY SR CC RES ANALYST AS REQUIRED, THIS ADVICE I STRESSED TO HIM WAS THE RESULT OF A GUESS THAT THE SCREENING ITSELF WAS NOT WORTH AS MUCH AS AN AFTER- THE -FACT PERMIT, BUT HE NEEDED TO DECIDE WHICH WAY TO ACCOMPLISH COMPLIANCE. CODE DEPT DOES NOT HAVE A PREFERENCE OF DEMO OR PERMITTING. KW 04 -12- ORIGINAL FILE FILED BY MONTH OF LIEN IN 2014 13:41:04 COMMENT CODE THE COUNTY ATTORNEY'S OFFICE IN MTH (SEPT 2010) 04 -12- 13:24:10 LETTER NOW LTR SENT TO PO: 2014 PAYMENT /COMPLIANCE A DAILY FINE OF $25.00 PER DAY HAS 0,1%� Packet Pg. 1813 Code Enforcement Detail 04 -12- 13:05:11 COMMENT CODE 2014 13:57:39 COMMENT CODE 04 -04 13:40:33 REINSPECTION 2014 13:57:39 COMMENT CODE 04 -04- 10:48:06 COMMENT CODE 2014 10:41:20 REINSPECTION 04 -04- 10:47:51 COMMENT CODE 2014 04 -04— 10:46:47 COMMENT CODE 2014 04 -04- 2014 10:36:17 COMMENT CODE 09 -21- 2010 09 -03- 2010 04-15 - 2010 04 -15- 2010 04 -15- 2010 04 -15- 2010 04 -15- 2010 04 -06- 2010 03 -12- 2010 ACCRUED 1339 DAYS FOR A CURRENT TOTAL OF $33,475.00. TO DATE, THESE COSTS ARE $341.94. THE CURRENT AMOUNT OF THE MONROE COUNTY LIEN IS $33,816.94. IN COMPLIANCE 6- 27.(B)(2)H COMPLIANCE DATE WAS: 11 /30/09 SITE VISIT INSP RODRIGUEZFITO. SCREEN ROOM REMAINS. IN COMPLIANCE 17-2.(B) COMPLIANCE DATE WAS: 03/12/10 IN COMPLIANCE 17 -2.(A) COMPLIANCE DATE WAS: 03/12/10 IN COMPLIANCE 130 -186. COMPLIANCE DATE WAS: 11 /30/09 COUNTY WAS SERVED ON COMPLAINT ON NEW LIS PENDENS. EMAILED KL OFFICE FOR REI. SM FINAL ORDER FROM 12/3/09 STIP 8 EXT TO STIP RECORDED WITH CLERK'S OFFICE ON 15:43:42 ORDER SENT TO MCCO FOR REC 14:03:57 COMMENT CODE 13:57:39 COMMENT CODE 13:57:39 COMMENT CODE 13:57:39 COMMENT CODE 13:57:39 COMMENT CODE 13:57:39 COMMENT CODE 13:59:07 STIPULATION AGRMT. SIGNED 10:41:20 REINSPECTION 09/21 /10. DOC # 1806400 BOOK 2484 PAGES 197 -204. REINSPECTION SHOWS SCREEN ROOM. RESEARCH SHOWS NO PERMIT APPLIED FOR OR ISSUED TO ENCLOSE AWNING ON SLAB. COLOR PHOTO TO NICOLE FOR S/M FILE NO PERMIT FOR SCREEN ENCLOSURE —NON COMPLY FINE CHANGED 17 -2.(B) START DATE: 08/12/10 FINE AMT: 25.00 FINE CHANGED 17 -2.(A) START DATE: 08/12/10 FINE AMT: 25.00 FINE CHANGED 110 - 140. (1) START DATE: 08/12/10 FINE AMT: 25.00 FINE CHANGED 6- 27.(B)(2)H START DATE: 08/12/10 FINE AMT: 100.00 FINE CHANGED 130 -186. START DATE: 08/12/10 FINE AMT: 25.00 STIPULATION FOR AN EXTENSION OF TIME TO COMPLY SIGNED ON 04/06/10. FINES REMAIN AS AGREED. NEW COMPLIANCE DATE IS 08/11/10. REINSPECTION SHOWS COMPLIANCE ON ALL EXCEPT 110 - 140(1) ft 6- 27(B)(2)H. OWNER WILL NEED SOME TIME FOR THE PERMIT PROCESS. WILL NEED EXTENSION TO STIPULA- TION AGREEMENT. NEW COMPLIANCE DATE OF AUGUST 11,2010. SIGNED ORIGINAL TO NICOLE PETRICK ALONG WITH PHOTO SHOWING COMPLIANCE ON CHARGES: 130 -186 SETBACKS 17 -2(A) VEHICLES 17 -2(B) VESSELLS 21- 21(A)T &D 03 -12- 2010 08:45:02 STIPULATION AGRMT. SIGNED 13:36:42 SENT TO LIAISON EXT. TO STIP. COMPLIANCE DATE 8/11/10 Page 5 0 11 % ,,,, Packet Pg. 1814 Code Enforcement Detail 12 -10- 2009 12 -09- 2009 12 -09- 2009 12 -09- 2009 12 -09- 2009 12 -09 2009 12 -03- 2009 12 -03- 2009 12 -03- 2009 12 -02- 2009 12 -02- 2009 12 -02- 2009 10 -22- 2009 10 -22- 2009 10 -21- 2009 10 -19- 2009 10 -07- 2009 10 -07- 2009 09 -16- 2009 08 -10- 2009 13:40:25 COMMENT CODE 13:40:25 COMMENT CODE 13:40:25 COMMENT CODE 13:40:25 COMMENT CODE 13:40:25 COMMENT CODE 14:01:40 COMMENT CODE 13:32:57 STIPULATION AGRMT. SIGNED 11:33:01 SET FOR HEARING 18:48:32 REINSPECTION FOR HEARING 18:46:15 REINSPECTION FOR HEARING 17:24:03 STIPULATION AGRMT. SIGNED ORIGINAL FILE IN LIAISONS OFFICE FILED BY COMPLIANCE MONTH OF STIP. ADDED FINE ON 17 -2. (A) START DATE: 03/19/09 FINE AMT: 25.00 ADDED FINE ON 130 -186. START DATE: 03/19/09 FINE AMT: 25.00 ADDED FINE ON 110-140.(l) START DATE: 03/19/10 FINE AMT: 25.00 ADDED FINE ON 6- 27.(B)(2)H START DATE: 03/19/10 FINE AMT: 100.00 ADDED FINE ON 17 -2.(B) START DATE: 03/19/09 FINE AMT: 25.00 COSTS CONTINUE TO ACCRUE UNTIL COMPLIANT. STIPULATION AGREEMENT TO CODE VIOLATION FOR TIME TO COMPLY FOR FIRST TIME OFFENSES SIGNED 12/2/2009. FINES IN THE AMOUNT OF $25.00 FOR CHARGES OF 110 - 140.(1),130.186., 17 -2(A) AND 17 -2(B AND $100.00 FOR CHARGE OF 6- 27.(B)(2)H IF NOT IN COMPLIANCE BY 03/18/2010. FINES WILL START RUNNING AS OF 03/19/10 AND NO REVIEW HEARING IS SET AT THIS TIME. SM APPROVED STIP AND ADDED IT TO ORDER. STIPULATION AGREEMENT UNTIL 3/18/09 NOT IN COMPLIANCE EXCEPT 21 -20(A) 16:03:16 COMMENT CODE 16:02:34 XXXNOV CERTIFIED RETURNED 14:30:46 NOTICE OF VIOLATION/ HEARING 09:24:58 COMMENT CODE 10:20:10 MAKE VIOLATION 09:23:48 INITIAL INSPECTION TYPE 09:22:14 INITIAL INSPECTION TYPE 16:20:48 CREATE A CASE 110 - 140(1)$25/130 -186 $25/17- 2(A)$25 17 -2(B) $25/6- 27(B)(2)H $100 PER DAY CHARGE 21 -20(A) IS IN COMPLIANCE PREPARED FILE FOR INSPECTOR AND PASSED ORIGINAL TO NICOLE CERTIFIED RECPT RETD - GOOD SERVICE 7002 2410 0000 9898 3654 PREPARED NOH TO PROPERTY OWNER 7002 2410 0000 9898 3654 PASSED TO SUPERVISOR FOR APPROVAL ALL DATA TO MARATHON WITH NOV ATTACHED MAKEVIO RECORDED LINKD INSPECTION 8t RESEARCH SHOWS NO PERMITS FOR POOL It ENCLOSURE - EXPIRED TAGS, ETC. VIOLATION EXIST /RESEARCH REQUIRED COMPLAINT RECORDED BY REEDERE Your privacy is important to us, for more information see our privacy poEicy Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved . . Page 6 oft , Packet Pg. 1815 MONROB COUNTY OFFICIAL RECORDS This Document Prepared By and Return to Manuel M Manuel M. Arvesu, P.A. 3901 N.W. 79th Avenue, Suite 107 Miami, F1. 33166 Pareal ID Number. 1573281 Grantee #I TIN: Grantee N2 TIN: Warranty Deed FILE 01191661 BK #1645 PG #1745 BCD Jul 28 2000 11r06AM DANNY L KOLRAGE, CLERK DEED DOC STA 783.30 07/28/2000 DEP CLK This Indenture, Madethis 7th day of July , 2000 A.D., Between Thomas Z. Green, a married ream of the County of Franklin , State of Ohio , grantor, and Marcel Capo, a married man and William Capo, a married lalan whose addres is: 1492 Aquaduet Lane , Rey Largo, FL 33037 of the County of Monroe , state of FL 33037 , grantees. W ituesseth that the GRANTOR, for and in consideration of the sure of ---------------- --- --- --TEN DOLLARS ($10) ----------------- ---- -- DO RS , and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof u hereby acknowledged, has granted, bargained and sold to the maid GRANTEES and GRANTEES' heirs, successors and assign forever, the following described lead, si tuate , lying end being in the County of Monroe State of Florida to wit: Lot 31, Block 2, of CROSS KEY W&TERffAY ESTATES SECTION 2, according to the plat thereof, as recorded in Plat Book 6, at Page 60, of the Public Records of Monroe County, Florida. Subject to current taxes, easements and restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 3137 Glenshaa Avenue, Columbus, OH. 43231. and the grantor does hereby fully wament the title to said land, and will defend the same agaimt lawful claims of all persons whomsoever. In Witness Whereof the greater has hereunto set his hand and seal the day and year fist above written. Signed, sealed and delivered in our presence: ` (wow LL465AI a.4 printe't}i N e: Thomas E. Greece Witnfip0 l Y - „ 1 P.O. Address: 3137 Glenshew Avenue, Columbus, ON 43231 Witness _ MONROE COUNTY OFFICIAL RECORDS STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this day of , 2000 by Thomas E. Green, a married main he is personally known tome or he has produced his Florida driver' license as idennrcation. o1ov Pit. � WENDY ROCA I � vJ�� AaGf4— a COMMISSION A C 2001 0 printed N a: � t rr k Notary Public OF R ARAWIC BONDWO CO., WC, My Commission Expires: 00 -132N Ire Go UW by 0 Dft syrt m W. 199e (941) 767.5555 Fare FLWD -t Packet Pg. 1816 OFFICIAL THIRTY -DAY NOTIFICATION TO CONNECT TO AVAILABLE CENTRAL WASTEWATER SYSTEM DATE [AK number of parcel] [Name of property owner] [Mailing address] Parcel Address: [Street address of parcel] Dear Property Owner: The Key Largo Wastewater Treatment District has now made available central wastewater service to your property. The District's wastewater treatment facility has recently been certified by the Florida P - nartment of Environmental Protection, and is now ready to accept and treat .your wastewater Please consider this letter as your official notification that a central wastewater system is now available to your property, and you are required to connect to the District's wastewater system within thirty (30) days from the date of this Official Thirty -Day Notification, shown above. Please contact the District office at 305 -451 -8050 so that we may open your valve and begin to receive sewage from your property. Please note that, whether or not you comply with this notice, the District will begin to collect wastewater treatment charges from you after the expiration of the notice period. Finally, it is your responsibility to properly abandon your current onsite sewage treatment and disposal system. The abandonment must be coordinated with the Monroe County Health Department, which will assist you with completing your permit. Sincerely, Charles F. Fishburn General Manager W o Q LL o c zm� cn mac• ~ F - ��� ctiy P ¢zrri70 U � In G m m -�� vi > J W -.., a O H ~ < O Ln -u -� Er rq ? m In G m m -�� - ---- -- — � W -.., E3 O ~ < O C3 m�Cj¢ Ln0c+ ch O _ --- ---- p^ -_ _ O Ir - - - -___ C3 C3 M1 e ` pe4 t� t Q O 130 ❑ ❑ r o E 2 v �m m L m C ' W d XIad I d m � d LD U L S E mfr «� d �� Y v� .O c! —o E :S a o C 3 m v CQ.4CL L o Z m J 0 G m m W = t 1 0 W Q 0 N Cf 2 Ln c cD Qu3xc C _c ¢ E ci mo 00D 8 r ¢ Ll ❑ ❑ ¢ 6 v sa LO co T " CD CD A to M CD 0 0 CL co _rx 9 ¢ E ti m E E r m C4 a AK: 1573281 Capo Marcel 1492 Aqueduct Ln Key Largo FL 33037: Property Address: 1492 AQUEDUCT LN Dear Property Owner. If your property is vacant or has been combined with another piece of property, please notify us at 305- 451 -4019 or email us at cu� Please be advised that if you have not started connection to the central wastewater collection system within 30 days of this letter, you will be processed to be turned over the Monroe County Code Compliance. The District will not be able to reverse any enforcement process once it is set into place. You can avoid this time- consuming and costly process by completing the connection. Please notify this office when you start. If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (AK) which is located at the top of this letter. Monroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low income owners. The grant will pay for the connection. The application is available on our Website (KLWTD.com) and at the office (98880 Overseas Hwy, Key Largo). If you have extenuating circumstances, please contact the office. The contact is Carol Walker District Clerk at 305-451 -4019 Ext 205, email is m, - M certified F ® ...0 ..., po stmark M Return Receipt Fee Here 0 (Endorsement Required) Mew � O r .q Restricted Delivery Fee (EndomeloGnt Required) m T ' r 1573281 �n o sem Capo Marcel��,� a s "„ } }� r ° 1492 Aqueduct Ln� ' orPOf Key Largo FL 33037l:t�1f } ':x Date. July 8, 2013 1573281 CAPO MARCEL 92 Aqueduct Ln mey Largo FL 33037 Property Address: 1492 AQUEDUCT LN Dear Property Owner: If your property is vacant or has been combined with another piece of property, please notify us at 305- 451 -4019 or email us at carolw@klwtd.com Our records show that you have not connected to the Key Largo Wastewater Treatment District System. You have (30) thirty days from the date of this letter to connect or your property will be referred to Monroe County Code Compliance for action. If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (AK) which is located at the top of this letter - )nroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low „,come owners. The grant will pay for the connection. The application is available on our Wesbite (KLWTD,com) and at the office (98880 Overseas Hwy. Key Largo). If you have extenuating circumstances, please contact the office. The contact is Carol Walker, District Clerk at 305 -451 -4019 Ext 205, email is carolw[a-)klwtd.com Sincerely, Aw'Ggcwet 13 Laenk Margaret Blank, General Manager s. C. c s °0 r J I' m t� Ln co ni +W+ L en o 3 �m S m ;; m a 3 w `o LL o > o m O `o CQ J 00 J 00 Y Y C m u G J4 LL , Q Q Q � Q T[7 n Q 0 UJ a a ° a 0 z ❑❑ m ❑❑ 0 N O � o r E a m 2 � v � 2 . CD v m c co y a: w d 9t m > a ogmo'E U _ to M T m OZ c.S:' Q d) o� o- co v >vL� o_ 5m1 - N "�Ea� �mmr�m o w �CUUo o� m -o v av «tne Emma Una wQ 0 rd J M 0 J t! LLI M M u ei Q o Q N Q m M a N —J "U.�+Y w r r. t AK. 1573281 Capo Marcel 1492 Aqueduct Ln Key Largo FL 33037 Property Location; 1492 Aqueduct Ln Dear Property Owner,. If your property is vacant or has been combined with another piece of property, please notify us at 305- 451 -4019 or email us at c , of ° l td„ qo Our records show that you have not connected to the Key Largo Wastewater Treatment District System, You have been given an extension and that has run out. If you feel that you need more time please contact the KLWTD Office If we do not hear from you in two weeks from the date of this letter your property will be referred to Monroe County Code Compliance for action If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (AK) which is located at the top of this letter, Monroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low income owners The grant will pay for the connection. The application is available on our Website (KLWTD.com) and at the office (98880 Overseas Hwy, Key Largo). Margaret Blank, General Manager r%-- 0 Ln O O C3 O 0 ca r- ru E rert,red Fae Saturn Receipt Feu (Endorsement Required) Restricted Delivery Fe €r (Endorsement Required) Pm tmsrk Refs 0 a 0 r%- T om e - 1573281 l d' Owner I C1 Marcel RE Owner Address 11492 Aqueduct LN I Property Address 11492 Aqueduct LN THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER El! 99 SYSTEM. FLORIDA STATUTE § 381.00655 REQUIRES THAT YOU CONNECT TO AN AVAILABLE CENTRAL SEWER SYSTEM WITBIIN 365 DAYS OF WRITTEN NOTICE THAT SERVICE IS AVAILABLE TO YOUR PROPERTY. THE SAME STATUTE ALLOWS THE COUNTY TO ENACT ITS OWN LAWS FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY. MONROE COUNTY CODE § 20-78. (a) REQUIRES THAT YOU CONNECT WITHIN 30 DAYS OF NOTIFICATION. BE ADVISED YOU WILL BE RECEIVING A "NOTICE OF VIOLATION" REGARDING THE MANDATORY CONNECTION TO THE CENTRAL SEWER SYSTEM. THAT "NOTICE OF VIOLATION" WILL BEGIN THE ENFORCEMENT PHASE OF CONNECTION. IF COMPLIANCE IS NOT ACHIEVED WITHIN THE TIME FRAME GIVEN IN THAT NOTICE, A DAILY FINE OF $100.00/DAY SHALL ACCRUE UNTIL SAID CONNECTION IS COMPLETE. TE[[S WILL ULTIMATELY RESULT IN A LIEN BEING PLACED ON YOUR PROPERTY. County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Danny Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia Murphy, Dist. 5 We strive to be caring, professional, and fair. 3E To: Capo Manrcel 1492 Aqueduct Ln Key Largo FL 33037 Case Number: C13100185 Item description: Notice of Availability to Connect and Referral Date Mailed: 02/4/16 { MAYRA TEZAN Notary Public - State'" y • _ My Comm. Expires May 19. 2016 Commission # EE 168590 Sl Bonded Through National Nolary Assn. CE13100186 Cap o Marcel 1492 Aqueduct Ln — Key Largo Inspector Jones — 02/03/2016 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: CAPO MARCEL Case Number: CE13100185 1492 AQUEDUCT LANE KEY LARGO FL 33037 Location: 1492 AQUEDUCT LN KEY LARGO, FL 33037 Re Number: 00468472006300 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/03/2016 and subsequently found the following violation(s) of the Monroe County Code: 20- 78.(a) - MANDATORY CONNECTION /SEWER FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM. Corrective Action Required: LCONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A SEPTIC ABANDONMENT PERMIT. 2. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A MONROE COUNTY SEWER LATERAL CONNECTION PERMIT. 3. CONTACT THE WASTEWATER UTILITY IN YOUR AREA TO OBTAIN AN INITIAL INSPECTION FOR APPROVAL TO PROCEED. ** *CONTACT INFORMATION IS ATTACHED * ** NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN CLOSED. s5 Packet Pg. 1826 ( PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 04/28/2016 at 9:00 at the Monroe County Government Regional C r, 2798 Overseas Hwy., Marathon, Florida. ( ent You can avoid attending the hearing if all violation(s) noted above are corrected by 04/21/2016 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. ( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s) presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the violation(s) have been corrected prior to the hearing. ( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the repeat violation(s) have been corrected prior to the hearing. If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND /OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear in person and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289 -2509, Fax: (305) 289 -2858, prior to the date of the hearing: You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. AWWWREMPROW 2 IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: JONES, MAIJIORY Code Inspector Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292 -4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289 -2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453 -8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above n ed addressee(s) by Certified Mail, Return Receipt Request No.: 7014 3490 00013900 1925 o Code Compliance Departmen IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". K MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMI REGISTERED MAIL RECEIPTS Complaint Number: CE CERT #• 3M3,v-q—o--Q0-o1 010-0 -Ila's GOODS VIC E: NO SERVICE: 01 11 tx zz: i I 5 ff w 0 M;v < 1 ) 0 A 0 M 0 A C> C) ox > En c: C) --j C3 w -=7 -0 C3 C3 C3 0 L-j w -D EM C3 4 c > z Z 0 M Ej -0 ru Ln . . .... .. .... X CECE13100185 Capo Marcel 1492 Aqueduct Ln — Key Largo Inspector Jones — 04/13/2016 rq v �a rim Plantation Key Courthouse 88820 O/S Hwy Tavernier FL MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE13100185 I, i' 0 � _ , Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: CAPO MARCEL , described as 1492 AQUEDUCT LN, KEY LARGO, FL 33037, having the property RE #: 00468472006300 with the Notice of Violation /Notice of Hearing for this case with a Hearing Date of 04/28/2016. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: A 7a tw Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation K y ourthouse — 88820 Overseas Highway, Tavernier, Florida Date: Timer Signature: Sworn to and subscribed before me this _1 day of (�t _,20. Notary Pu c' fib Of ftRRl17�i71NJONEs _* += MY COMMISSION I FF 070708 EXPIRES: November 14, 2017 "I", Bonded 7hm Nofuy public Underwilen CERTIFICATION OF MAILING: I, CHERYL MARTIN JONES Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above - mentioned Notice via First Class Mail to: CAPO MARCEL, 1492 AQUEDUCT LANE, KEY LARGO, FL 33037. , Signature: Sworn to and subscribed before me this day of —Lq BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Case No.: CE13100185 Petitioner, ) ) VS. ) Subject Property Real Estate Number: 00468472 - 006300 Doc# 2092943 09/23/2016 3:52PM MARCEL CAPO ) Filed & Recorded in O HEAVI Re ords of Respondent(s). ) ) DOcq 2092943 Bkp 2817 P9N 313 FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s) and /or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: Th Respondent(s) and/or Authoriperesentative r / were not present and did ntest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is orated herein as if fully set fo ( The Respondent(s) is /are the owners) of property located within Monroe County and was /were duly noticed of the hearing. ( The Respondent(s) is /are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation /Notice of Hearing served upon the Respondent(s). ( ) ONE -TIME FINE - The violation(s) is found to be irreparable or irreversible and a one -time fine of $ is ORDERED, payable within days of this Order. ( ) COSTS - Pursuant to Section 162.07(2) of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty (30) days of compliance. Costs will continue to accrue until compliance is achieved and the case is closed. ( ) The Respondent(s shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before ( "THE COMPLIANCE DATE "). ( In the event the violation(s) were or are not corrected on the compliance date previously ordered or on the compliance date set forth herein, fine(s) in the dollar amount: 2078.(a) ._0 for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is /are in violation is /are hereby ORDERED. ( It is further ordered, that the County is hereby authorized to make all reasonable repair; including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s) were in violation of the MONROE COUNTY CODE(S) as fully set forth in the Notice of Violation /Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and /or fines ($ 1 to Monroe County Code Compliance within thirty (30) days of this Order.. ( ) Other: Page 1 �) Packet Pg. 1832 In the event of nonpayment of fines and /or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three months and /or may sue to recover money Judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050. DATED this � day of Ar)r . ' 20 DocH 2092943 Bkp 2817 Pg# 514 John .G. Van Larnng , Special 'Ma'gistrate APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER ereby certify that t hi s is aatrue and correct copy of the above Order. Nicole M. Petrick, Liaison CASE NUMBER: CE13100185 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: MARCEL CAPO 1492 AQUEDUCT LANE KEY LARGO, FL 33037 Location of subject property: 1492 AQUEDUCT LN KEY LARGO, FL 33037 Real Estate Number: 00468472 - 006300 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first class U.S. mail to Respondent(s) address of record wi the Monroe County Property Appraiser's Office as referenced a - ve and/or Authorized Representative _ � on this day of 1 ,20 Nico core Petrick Liaison MONROE COUNTY OFFICIAL RECORDS Page 2 � � ;�t� Packet Pg. 1833 County of Monroe Code Compliance Department 2798 0%erseas Highway :Marathon. Florida 3 1050 Voice (305) 289 -2810 FAX: (305) 289 -2858 MARCEL CAPO 1492 AQUEDUCT LANE KEY LARGO, FL 33037 FILE COPY Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tern George heugent. Dist. 2 Danny Knlhage, Dist, 1 David Rice. Dist. 4 Sylvia Murphy, Dist. 5 Date: September 28, 2016 Subject: Code Case CE 13100185 Property Location: 1492 AQUEDUCT LN , KEY LARGO, FL 33037 Real Estate No.: 00468472006300 Dear Property Owner(s), This letter is to inform you that our records indicate that the violation(s) remain on your property and the fines will continue to run in the amount of $100.00 per day until the property comes into compliance. Additionally, a lien against your property was recorded in the Official Records of Monroe County on 09123/16, Book 2817, Page 513. The current amount of the County's lien is $759.15 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real and/or personal property you own. You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon, Florida 33050. The County will then provide a Release and Satisfaction of Lien to you. If you have achieved compliance, please contact your Code Inspector at the appropriate location. Lower Keys: 5503 College Road, Suite 204, Key West, FL 33040 (305) 292 -4495 Middle Keys: 2798 Overseas Highway, Suite 330, Marathon, FL 33050 (305) 289 -2810 Upper Keys: 102050 Overseas Highway, Key Largo, FL 33037 (305) 453 -8806 NOTE: if this case involves a Sewer Connection, and you have achieved compliance, please contact the Mallory Jones at (305) 289- 2540. Respectfully yours, Nicole Petrick Special Magistrate Liaison (305) 289 -2509 Petrick Nicole (a monr -fl.go ot , %% Packet Pg. 1834 { County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2536 Capo Marcel 1492 Aqueduct Ln Key Largo FL 33037 -2802 December 7, 2016 Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Danny L. Kolhage, Dist. I David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 FIL � ccPY Subject: Code Case: CE13100185 Location: 1492 AQUEDUCT LN KEY LARGO Dear Property Owners, The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as a result of the above referenced code compliance action. A copy is enclosed for your convenience. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Additionally, our records indicate that the violations remain on your property. Because your property is not in compliance the fines continue to run in the amount of $100.00 per day until the property comes into compliance. A daily fine of $100.00 per day has currently accrued for 75 days for a current total of $7,500.00. Additionally pursuant to F.S. § 162.07(2), since the County prevailed in prosecuting the case before the Special Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F. S.162.09(3). To date, these costs are $269.15 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is $7,769.15 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 15 days will result in a referral to the Monroe County Attorney's Office for further action. Respectfully yours, Mallory Jones Code Inspector Lnes -mal lory@a,monroecouniy -fl. gov r , r Packet Pg. 1835 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 MARCEL CAPO 1492 AQUEDUCT LANE Y LARGO FL 33037 December 22, 2016 Board of County Commissioners Mayor George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia Murphy, Dist. 5 �t a , Subject: Code Case: CE13100185 Location: 1492 AQUEDUCT LN KEY LARGO, FL 33037 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on January 26, 2017. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate location: Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292 -4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289 -2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453 -8806 If this case involves a Sewer Connection, and you have achieved compliance, please contact Inspector Mallory Jones at (305) 289 -2540. Additionally, pursuant to F.S. §162.07(2), the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F.S. § 162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. Respectfully yours, Mallory Jones Code Compliance Inspector Jones- inallot�umom•oecounty -fl Qov J Packet Pg. 1836 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOAN VAN LANING MONROE COUNTY, FLORIDA Q r CASE NO.: CE13100185 NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to F.S. 162.09(3). to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order /Lien in this case, which was recorded in the Official Records of Monroe County on 09/23/16, Book 2817, Page 513 on the property that was the subject of the code compliance action described as: 1492 AQUEDUCT LN KEY LARGO, FL 33037, MONROE COUNTY, FLORIDA, RE# 00468472006300, and upon any and all other real and /or personal property you own. The current outstanding amount of the County's lien as of December 22, 2016 is $9,279.95 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 26, 2017 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. w Steven T. Williams Assistant County Attorney 1 111 12'' Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this L day of U,r , 2016 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. 5 1 1 to 1492 AQUEDUCT LANE KEY LARGO, FL 33037. Code Compliance epartment ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 2924441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 11 711 ". Packet Pg. 1837 . ...... MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE13100185 I, Mallory Jones, Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: CAPO MARCEL, described as 1492 AQUEDUCT LN , KEY LARGO, FL 33037, having the property REM 00468472006300 with the Notice of Motion to Authorize Foreclosure and /or Money Judgment this case with a Hearing Date of 1/26/17. THIS NOTICE WAS POSTED AT: x_ SUBJECT PROPERTY AS STATED ABOVE Date: l Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: _x_ Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: [ Time: a , 35 O Signatures_r ' ' Sworn to and subscri before me this 3 da of lAaro i c i_iAl , 20 it t,00':: Il�eaculw _' ;9 5,0 5-V MY COMMISSION # GG 043704 ' 'w EXPIRES: October 31, 2020 s - BondedThruN Notary blic, State of Florida ., Notary Fabric Undeiv *m CERTIFICATION OF MAILING: I, Mallory Jones, Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above - mentioned Notice via First Class Mail to: CAPO MARCEL, 1492 AQUEDUCT LANE, KEY LARGO, FL 33037. -_ I Sworn to and subscribed before me this : day of 1 ,y a go ft-em IIZEAGUILA W COMMISSION # GG 043704 ' EXPIRES: October 31, 2020 Bonded Thm Notary Pubtlo Underwdtere Signature: .20 NotarPublic, State of Florida Packet Pg. 1838 CE13100185 Capo Marcel 1492 Aqueduct LN — Key Largo Inspector Jones — 1/9/2017, PLANTATION KEY COURTHOUSE 88820 O/S HWY TAVERNIER FL; ` Packet Pg. 1839 .. BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE13100185 MARCEL CAPO, ) Respondent(s) ORDER AUTHORIZING FORECLOSURE A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this Government Center, Marathon, Florida. speciai Magistrate CERT IFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. Nicole M. Petrick, Liaison he Marathon CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first class U .S. mail to Respondent(s) address of record w/ the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative on this s , w day of n ® , 20/7- Nicole M. Petrick, Liaison 041 Packet Pg. 1840 I Co U Co CL Frye Detads Suspended Days Ordnance Code 2OL 78 fad ConhnuDus Co Date Ordered 04/28/2016 18 Fine Start 09/23/2016 Da Fine Iffloom 0 ,lumber of Days 175 Suspended Days 0 � U Current Fine 175W,00 Complied Date Settle Amourtit Settle Date m wnourd Paid 000 Date Paid up gPublic.net - Monroe County, FL f%qPublic net" Monroe County, FL Summary Parcel ID 00468472- 006300 Account# 1573281 Mlllage Group 500K Location 1492 AQUEDUCT LN , KEY LARGO Address Legal BK 2 LT 31 CROSS KEY WATERWAY ESTATES SECTION TWO KEY Description LARGO PB6-60OR478.196OR586-799/800OR721.644/55OR723- 2013 697/708(LT-705) OR768- 1013/16 OR615.842Q/C OR1094- 1811D /C $30,526 OR1094 -1812 OR1127.1287AFF OR1243 -1568 OR1388 -1801 OR1446- $33,370 1403 OR1645 -1745 0112022- 1057Q/C • Market Misc Value (Note: Not to be used on legal documents) Neighborhood 2235 Property Class MOBILE HOME SUB (0200) Subdivision CROSS KEY WATERWAYS EST SEC 2 Sec/Twp/Rng 14/61/39 Affordable No Housing $177,354 Owner CAPO MARCEL 1492AQUEDUCTLN KEY LARGO FL 33037 -2802 Valuation Page 1 MAb Land Land Use MOB END OF CANAL (02EC) Mobile Home Buildings Style 2016 2015 2014 2013 • Market Improvement Value $30,526 $31,485 $33,370 $35,322 • Market Misc Value $14,571 $12,674 $11,768 $12,013 • Market Land Value $190,091 $140,450 $132,216 $128,342 = Just Market Value $235,188 $184,609 $177,354 $175,677 = Total Assessed Value $161,907 $160,782 $159506 $157,149 School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) = School Taxable Value $136,907 $135,782 $134,506 $132,149 Land Land Use MOB END OF CANAL (02EC) Mobile Home Buildings Style GROUNDLEVEL/ Width 0 Length 0 Gross Sq Ft 12,480 Finished Sq Ft 8,736 Stories 1 Floor Condition AVERAGE InterlorWalls MASONRY /MIN Exterior Walls METAL/ALUM Year Built 1990 Effective Year Built 1995 Foundation CONC BLOCK Roof Type GABLE/HIP Roof Coverage ROLLED COMPOS Flooring Type SFT /HD WD Heating Type NONEwithO %NONE Rooms 0 Bedrooms 2 Full Bathrooms 2 Half Bathrooms 0 Grade 350 Grade Description 350 Number of Fire PI 0 Manufacturer Model Color Registration Date Date In County NumberofUnits Unit Type Frontage 5,325.00 Square Foot 0 > . ,. I I €`M . - 1^1 .f TT AAA/ n] - . - T Depth 0 al- rt / t Packet Pg. 1842 1 1 11 ^//11A1 gPublic.net - Monroe County, FL Decal # Previous County Serial Number Previous Decal # Yard Items Description CONC DAVITS CONCRETE DOCK SEAWALL TRAILER SKIRT PATIO CH LINK FENCE RW2 UTILITY BLDG WOOD DECK Exemptions Exemption 25000 HOMESTEAD ADDL HOMESTEAD Sales Sale Date Sale Price Instrument 7/7/2000 $111,900 Warranty Deed 3/1/1997 $99,900 Warranty Deed 2/1/1996 $110,000 Warranty Deed 1/1/1993 $77,400 Warranty Deed 5/1/1989 $33,000 Warranty Deed 5/1/1971 $23,500 Conversion Code Sketches Page 2 MAb Year Built Roll Year Quantity Units Grade 1989 1990 1 1 UT 1 1989 1990 1 128 SF 2 1989 1990 1 192SF 2 1989 1990 1 248 SF 5 1989 1990 1 50 SF 2 1989 1990 1 900 SF 1 1989 1990 1 96 SF 4 1992 1993 1 120SF 3 2000 2011 1 70SF 1 CD CD r LU Amount 0 $25,000.00 CD $25,000.00 CD CD CD CD LU Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 1645 1745 Q - Qualified Improved 1446 1403 Q - Qualified Improved CIL 1388 1801 Q - Qualified Improved 1243 1568 K - Unqualified Improved r 1094 1812 Q- Qualified Vacant f<- 615 842Q Q - Qualified Vacant CV Packet Pg. 1843 gPublic.net - Monroe County, FL Page 3 No data available for the following modules: Buildings, Commercial Buildings, Permits. The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its to responsibility secure ajust valuation for ad valorem tax purposes of all property within the County. The Monroe County Sc Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year hneider may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the Developed by Last Data Upload: 3/17/20171:35:31 AM The Schneider Corporation Z4 1 Packet Pg. 1844 o w I - of - - r- 1111 Dep artment of the Treasury Notice CP01S Internal Revenue Service flo Tax Year 2013 IRS Austin, TX 73301 -0025 Notice date September 12, 2016 We are firmly committed to working with To contact us 1 -800- 908 -4490 victims like you to resolve identity cases. Your Caller ID 172174 Identity theft issues are complex and require Pagel oft 9H 204190.693475.478608.4251 1 AT 0.399 559 • Continue to file all federal tax returns. I' 1 " IIIIIII' tEIIIIIU" I" IIII' IIiII 'Il'III`I11111' y MARCEL A CAPO 1492 AQUEDUCT LN KEY LARGO FL 33037 -2802 204190 Message about your identity theft claim We received your Form 14039 or similar statement for your identity theft claim CL We are firmly committed to working with What you need to do victims like you to resolve identity cases. Identity theft issues are complex and require . No further action is needed on your part. complete and thorough research to resolve. It • Continue to file all federal tax returns. could take up to 180 days for us to process your case. We will issue any refund you may be due when we finish processing your case. We'll CL also let you know if we need additional information or time. CD CD Next steps • Visit our website at www.irs.gov for information about identity theft. Search "identity theft ". You can also visit www.irs.gov /privacy and click on the "Identity theft" topic. CL • Review the enclosed Publication 4535, Identity Theft Prevention and Victim Assistance, for detailed information on identity theft and the actions you can take to protect yourself. no Additional information • Visit www.irs.gov/cp01s • Keep this notice for your records. If you need assistance, please don't hesitate to contact us. Other resources • Visit the Federal Trade Commission at www.ftc.gov /idtheft. • Visit the Social Security Administration at www.ssa.gov and search for "identity theft ". Packet Pg. 1845 PC4. Z of 4 Law Offlces of EMMANUEL PEREZ & ASSOCIATES A PROFESSIONAL ASSOCL4TION Emmanuel Perez, Eq. Alexander Rodrigues Esq. August 26, 2016 Marcel Avian Capo 1492 Aqueduct Lane Key Largo, FL 33037 RE: 341 Meeting (bankruptcy hearing) Bankruptcy Case Na I6 -21613 BKCAJC Dear Mr. Capo: co Please be advised that the 341 Meeting of Creditors concerning your case has been scheduled for September 22, 2016 at 10:30 a.m. Please note that YOU MUST ATTEND said meeting which will take place at the Claude Pepper Federal Building located at 51 SW I" Avenue, Room 102, Miami, FL 33130. CL LO For your information, the confirmation hearing will take place on October 25, 2016 at co 1:30 p.m., however, you do not need to attend the confirmation hearing. You must take government issued picture identification and your social security card to the 341 meetiug. Failure to do so, could result in continuance or dismissal of your case. CL Lastly, please note that you must be current with your chapter 13 plan payments at all times, AND take proof of payment(s) to the 341 meeting. Failure to do be current with your plan will most likely result in dismissal of your case. Please ontact our office immediately upon receipt of this letter to schedule an aPlyyrCnit to review your case with the attorney prior to the above scheduled meeting. Santana Assistant to EMMANUEL PEREZ, ESQ. 901 Ponce De Leon Boulevard, Suite 101, Coral Gables, Florida 33134 Telephozw..305 -442 7443 Facsimile: 305441 -9218 Packet Pg. 1846 ( qC Io,L Law Dices of EMAIANLIEL PEREZ & ASSOCIATES A PROFESSIONAL ASSOCIATION Emmanuel Perez, Esq. Alexander Rodriguez Esq. August 24, 2016 Marcel A. Capo 1492 Aqueduct Lane Key Largo, FL 33037 Re. Chapter 13 Plan ftments Case No. 16 -21613 RKCAJC Dear Mr. Capo: Z a ;9 r4 Enclosed herewith please find a copy of your chapter 13 plan. Your monthly plan payment is $1,570.84 per month. Your payment is due the 23rd day of each month, commencing September 23, 2016 and every month thereafter throughout the life of your chapter 13 plan. Please note that you will NOT receive any payment coupons or reminders to make your monthly payment, you are fully responsible for making your monthly payments to the trustee. Furthermore, please note that your payments must be made in a timely matter. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF YOUR CHAPTER 13 BANKRUPTCY CASE. Payments must be made by money order or cashiers check (no personal checks), payable to NANCY K. NEIDICH, TRUSTEE Please include your full name and case number which is 16-21613 BKC AJC in your money order or cashiers check, sending it and making it payable to: Nancy K. Neidich, Trustee P.O. Box 2099 Memphis, TN 38101 -2099 Even though you cannot make payments online, you can now keep track of your payments online. Please visit the National Data Center website and register. The website is: www.ndc.org 901 Ponce De Leon Boulevard, Suite 101, Coral Gables, Florida 33134 Telephone: 305-442-7443 Facsimile: 305- 441 -9218 Packet Pg. 1847 (/)Nq� q G r G office. Should you have any questions or commentsA# a do notbasitate to contact this tto PEREZ, ESQ. 901 Ponce De Leon Boulevard, Suite 101, Coral Gables, Florida 33134 Telephone: 305-442-7443 Facsimile: 305-441 -9218 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA `/ r CHAPTER 13 PLAN Qndividual Adiustment of Debts) CASE NO.: 16-21613 BKC AJC ❑ MMM Amended Plan (indicate 1, 2 etc. amended, if applicable) ❑ Modified Plan (Indicate l 2" etc. amended, if applicable) DEBTOR: MARCEL A. CAPO Last Four Digits of SS# XXX -XX -2337 MONTHLY PLAN PAYMENT: Including trustee's fee not to exceed 10% and beginning 30 days from filing/conversion date, Debtor(s) to pay to the trustee for a period of 60 months: In the event the Trustee does not collect the full 10 %, any portion not collected will be paid to creditors pro-rata under the plan: A. $ 1570.84 for months I to 60 in order to pay the following creditors: Administrative Attorney's Fee $ 3.500.00 + $2500.00 (MMlyn = $6.000.00 TOTAL PAID $ 2.535.00 Balance Due $ 3.465.00 P ayable S -26.25 month (Months 1 to 36 ) Secured Creditors [Retain Liens pursuant to 11 U.S.C. § 1325 (a)(5)] Mortgages(s)/Liens on Real or Personal Property: 1. Wells Fargo Home Mortgage MMM Payment $ 1.317.50 / month (Months 1 to fio ) Loan # 0417677036 P.O. Box 14411 Des Moines, IA 50306 IF YOU ARE A SECURED CREDITOR LISTED BELOW, THE PLAN SEEKS TO VALUE THE COLLATERAL SECURING YOUR CLAIM IN THE AMOUNT INDICATED. A SEPARATE MOTION fUTILIZ1NG LOCAL. FORM wirmnN Tn VAT.YYR rnr.r AT9DAr. nu nr.A V% vnr 11 Secured Creditor Value & Description of Collateral Interest Rate Plan Payments Months of Pa ymts Total Plan Payments N/A Priority Creditors [as defined in 11 U.S.C. §507] 1. N/A Total Due $ Payable $ /month (Months to Unsecured Creditors Pay $ 3.75 month (Months - L to 3aand Pay $100. /mo. (Months 37 to Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date. Other Provisions Not Included Above: The debtor has filed or will be filing a Verified Motion for Referral to MMM with Wells Fargo Home Mortgage Lender "), loan number 0417677036, for real property located at 1492 Aqueduct Lane, Key Largo, FL 33037. The parties shall timely comply with all requirements of the Order of Referral to MMM and all Administrative Orders/Local Rules regarding MMM. While the MMM is pending and until the trial/interim payment plan or the permanent mortgage modification/permanent payment is established by the parties, absent Court order to the contrary, the debtor has included a post - petition monthly plan payment (a) with respect to the debtor's homestead, of no less than the lower of the prepetition monthly contractual mortgage payment or 31 % of the debtor's gross monthly income (after deducting any amount paid toward HOA fees due for the property) and (b) with respect to income producing property, of no less than 75% of the gross income generated by such property, as a good faith adequate protection payment to the lender. All payments shall be considered timely upon receipt by the trustee and not upon receipt by the lender. Until the MMM is completed and the Final Report of Mortgage Modification Mediator is filed, any objection to the lender's proof of claim on the real property described above shall be held in abeyance as to the regular payment and mortgage arrearage stated in the proof of claim only. The debtor shall assert any and all other objections to the proof of claim prior to confirmation of the plan or modified plan. If the debtor, co- obligor /co- borrower or other third party (if applicable) and the lender agree to a settlement as a result of the pending MMM, the debtor will file the MMM Local Form "Ex Parte Motion to Approve Mortgage Modification Agreement with Lender" (or Self - Represented Debtor's Motion to Approve Mortgage Modification Agreement with Lender) no later than 14 calendar days following settlement. Once the settlement is approved by the Court, the debtor shall immediately amend or modify the plan to reflect the settlement and the lender shall amend its Proof of Claim to reflect the settlement, as applicable. su a If a settlement is reached after the plan is confirmed, the debtor will file a motion to modify the plan no later than 30 calendar days following approval of the settlement by the Court and the Lender shall have leave to amend its Proof of Claim to reflect the settlement reached after confirmation of the plan. The parties will then timely comply with any and all requirements necessary to complete the settlement. {� N /5 /d In the event the debtor receives any financial benefit from the lender as part of any agreement, the debtor shall immediately disclose financial benefit to the Court and the trustee and amend or modify the plan accordingly. If the lender and the debtor fail to reach a settlement, then no later than 14 calendar days after the mediator's Final Report is filed, the debtor will amend or modify the plan to (a) conform to the lender's Proof of Claim (if the lender has filed a Proof of Claim) or (b) provide that the real property will be surrendered. If the amended or modified plan provides that the real property is to be surrendered, then the obligations to the lender will be considered "treated outside the plan" and the lender shall have in rem relief from the automatic stay as to the real property being surrendered. Notwithstanding the foregoing, lender may file a motion to confirm that the automatic stay is not in effect as to the real property. Confirmation of the plan will be without prejudice to the assertion of any rights the lender has to address payment of its Proof of Claim. I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. /s/ Marcel A. Caao /s/Emmanuel Perez, Egg. Debtor Attorney for Debtor Fl. Bar No. 586552 Date: August 24, 2016 LF- 31(rev. 01/08110) u a Windsor - Kathleen 33M Our records indicate that you have owned this property since 2000. As you know, this property was due for connection to the central sewer systern in October 2010. Notices were sent bythe Utility to the property owners from 2010 — 2013. Additionally the County is under State and Federal mandates to enforce the connections, and the Utility referred your property to the Code department for enforcement. Please note, Florida has a very broad public records law. Most written communications to or frorn the County regarding County business are public record, available to the public and media upon request, Your e-mail communication may be subject to public disclosure. From: Jones-Mallory Sent: Wednesday, September 21, 2016 2:14 PM To: Windsor-Kathleen Subject: FW: Marcel Capo' 1492 Aqueduct Lane Key Largo, Florida 33037 EXTENSION REQUEST. From: Marcel Capo [ma ilto: ma rcelca Do 127(c)a mail. com] Sent: Wednesday, September 21, 2016 1:49 PM To: ]ones - Mallory Subject: Re: Marcel Capo' 1492 Aqueduct Lane Key Largo, Florida 33037 EXTENSION REQUEST. Hello again, Mallory thanks for forwarding the email. As I mentioned I called a few days after the hearing and spoke to Ms.Deanne Lloyd at 305- 745 -2062. The email that I have for her is DLLOYD@GOVESERV.CO I am pretty certain that's whom I spoke with.. I asked what was the main qualifying factors as to the subsides assistant and there are a few. The main 2 are that you must have is that this must be your primary home and Homestead exemption must also be listed. The other is the income.. Your income could not exceed 32,000 annual income.. That's what I recall., there fore this is what I would not qualify for the subsides assistant.. Please note that I did not have an emails transpiring back - and -forth nor did I fill out any sort of application for that program. Due to the fact that I did not qualify based on income. Please let your supervisor know that I did go through the process and that I would have wanted to get the assistance.. Like i said to you., I am doing the right thing here.. I have no reason why to make something up that's not true.. With that said I am currently at the key Largo WasteWater treatment office getting the paperwork that you advised me off. I shall let you know once I have the health paperwork as well. Please call me should you have any other questions for me. Once again, thanks for your assistance in this matter. Respectfully, Marcel Capo' Sent from my iPhone On Sep 21, 2016, at 1:41 PM, Jones - Mallory < Jones- allory onroeCount - L.Cioy wrote: From: ]ones - Mallory Sent: Wednesday, September 21, 2016 1:31 PM To: 'FLHOM' Subject: RE: Marcel Capo' 1492 Aqueduct Lane Key Largo, Florida 33037 EXTENSION REQUEST. Please pr ovide date you applied for the grant and the date you denied the grant. As well as, a timeline (if a ar ding r♦ •- r r i i r r M onroe CountW Code • Marath • Overseas Highway Ste 330 Marath 33 P 8: 1 8 i � If you are the smartest person in the rooter, them you are in the wrong room. - James Dewey Watson Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and i me dia u r c' be r public disclo From: FLHOM fmailto:flhom(6stores.fastenai.co Sent: Wednesday, September 21, 2016 10:50 AM To: Jones - Mallory Cc: Marcel Capo Subject: Marcel Capo' 1492 Aqueduct Lane Key Largo, Florida 33037 EXTENSION REQUEST. Hello Mallory, First and foremost I would like to thank you for your assistance in this matter. Per our conversation please note that unfortunately due to my divorce and hardship's in combination with my identity theft. I have had no choice but to do the sewer connection as an owner pull permit. I cannot afford for anyone to do this for me Like I stated to you in person a few months ago., I have minor children in which I have legal visitations with them every other weekend, Holidays and so forth. I cannot loose my home., and especially my children. If I don't get this connection extension I will potentially lose my children's visitation rights. I have not been able to afford the application fees for the owner pull permit packet. Until today I believe they are 70.00 or so. I cannot afford if I get a 100.00 per day fine until I am fully connected. I will loose my home. please! I plan to go to the sewer department now and purchase that packet as I already have the paperwork that is required for the county and plan to file it today if possible and time permits. Please see the attahced documents that all that I have conveyed to you that has been fact. I have a court date tomorrow to file my chapter 13 bankruptcy. This process has been a very trying and its created many sleepless nights. Not to mention that the monies that I have had to spend in order to save my home. The same home that I truly would want to keep., and also have the sewer connected to. My intentions are to have the connection done within the next 60 to 90 days or so. These are unfamiliar grounds for me and as I have asked several locals of how this process works and they have given me some guidance as to what the process initials... I am pretty handy with machinery and tools. I know I can get it done the back room paperwork is what I need understand and go through this process that is required to move forward and finalize. I am Requesting more like basically, begging you to please have your supervisor allow me this extension. , I know that this has been going on for quite some time now-However, Unfortunately so has all of the issues that I have endured and gone through on my own. Please let me know if I need to speak with anyone as I am here at your disposal. Once again I thank you in advance for your understanding and assistance. Respectfully, Fi4S ARM : " Growth Through Customer Service" t MONROE COUNTY, FLORIDA RESOLUTION NO.05 - A2014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON - COMPLIANT PROPERTIES, FORECLOSURE AND /OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND /OR COSTS FROM A PROPERTY OWNER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8 -31(a) give the Special Magistrate appointed to hear Code Compliance cases the authority to impose fines and costs including the cost of repairs if the County is forced to make repairs, after a finding that the property owner has violated the Monroe County Code(s); and WHEREAS, pursuant to Section 162.09(3), Florida Statutes and Monroe County Code 8- 31(e), a certified copy of an Order imposing a fine or a fine plus repair costs may be recorded in the public records and thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; and WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all real and personal property owned by the violator once recorded with the County Clerk; and WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded liens; and WHEREAS, the initiation of litigation may be the only incentive for some property owners to gain compliance; and WHEREAS, the Board of County Commissioners finds it in the public's interest to have a formalized written procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief on non - compliant properties, foreclosure and /or money judgment actions for collection of unpaid fines and/or costs from a property owner; March 19, 2014 Code Lien Procedure NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1: The County's formal procedure is hereby adopted as set forth in Attachment A: PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON - COMPLIANT PROPERTIES, FORECLOSURE AND /OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND /OR COSTS FROM A PROPERTY OWNER. Section 2: This resolution and the incorporated policies shall become effective upon adoption by the County Commission. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the 19th of March .2014. Mayor Sylvia Murphy Mayor pro tem Danny L. Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: N44���, Ma or Syl �` Murphy a # i,II'7 rt LO C tv n1 � March 19, 2014 Code Lien Procedure ATTACHMENT A PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON - COMPLIANT PROPERTIES, FORECLOSURE AND /OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND /OR COSTS FROM A PROPERTY OWNER Special Magistrate (SM) enters a Final Order imposing a compliance date, fines and/or costs after a finding of violation of Monroe County Code(s) by property owner (violator) or approving a Stipulated Agreement with an agreed upon compliance date and fine amounts. The Final Order of SM providing the compliance date, and imposing fines and/or costs is provided to the property owner as soon as practicable. Referrals, if not made previously, are made to other agencies in appropriate circumstances. 2. The Final Order of the SM is recorded by Code Compliance (CC) as a lien by Code CL Compliance within 14 days after the compliance date for those cases that have not achieved compliance. 00 r- 3. The Final Order of the SM is recorded as a lien by CC within 45 days after the compliance date `�- for those cases that have achieved compliance by the compliance date but have outstanding costs in excess of $200. Q 4. If compliance is not achieved within 75 days of the recording of the lien, then a re- inspection of the property is completed by the Code Inspector assigned to the case. If the property is still not in compliance then a demand letter including the current amount of fines and /or costs is sent to the property owner. 5. If compliance is not achieved within 90 days of the recording of the lien and /or the lien is not satisfied, then CC will research the subject property to determine: i. if the subject property is homesteaded; ii. if the subject property is the only property owned by property owner /violator; iii. what efforts, if any, the property owner has made to achieve compliance; iv. the amount of the lien accrued to date; and v. any other relevant factors, including but not limited to researching the status of the property owner, i.e. any Lis Pendens filed against the property or property owner, any pending or closed foreclosure actions, any open, pending or discharged Bankruptcy petitions. 6. CC staff shall provide a written memo or email to the County Attorney's Office (CAY) with the results of the research outlined and requested further action. 7. The CAY will review the information provided by CC staff. 8. The CAY will move the SM per F.S. 162.09 for an Order authorizing foreclosure or a money judgment action; and, March 19, 2014 Code Lien Procedure i. The Code Compliance Liaison (Liaison) will schedule the motion for the next available SM hearing for a Motion for approval to proceed with a foreclosure and /or money judgment action; ii. The Liaison will mail a Notice of Hearing and Notice of Motion prepared by the Liaison and signed by the CAY to the property owner by certified mail noticing the owner of the date, time, place and the substance (collection action, foreclosure and /or money judgment and /or writ of attachment) of the motion; iii. The Liaison will email /calendar a re- inspection request to the assigned Inspector to conduct inspection prior to the next available SM hearing; iv. The Motion hearing is heard by SM on the specified date; v. If SM finds foreclosure or money judgment is appropriate, the Liaison will notice the property owner of the SM's ruling and email /calendar a re- inspection request to the assigned Inspector to conduct an inspection within 30 days of the SM ruling; vi. CAY will seek permission from the Board of County Commissioners to file for foreclosure or money judgment in court; vii. The assigned Code Inspector will continue to monitor the property for compliance through re- inspections every 90 days and attempts to notify the owner by a quick email letter, telephone call or demand letter every 90 days to inform them that the property is not in compliance and fines are running. The assigned Code Inspector will provide written updates to the CAY every 90 days. co r­ N 9. Subsequent to the SM's ruling on the Motion, the CAY will place an item on the Commission's agenda seeking the Board's direction and authorization on further enforcement and collection efforts. Potential options for litigation include seeking injunctive relief, a money judgment for a the unpaid fines, foreclosure, or other relief. Potential non - litigation options include referral to 0 another agency, allowing liens to accrue, or other relief. Z 10. If the recommended legal action is referral to another agency, release of lien, or allowing liens to accrue, CAY will send a written memo or email to the Director of Code Compliance outlining recommendation. U) C_ 11. Once authority is granted by SM and/ or Board of County Commissioners, CC will order a title search on non - homesteaded properties, and the assigned Code Inspector will conduct a re- inspection after receipt of the title search. Litigation will commence after the title search is completed and a current re- inspection is completed. The assigned Code Inspector will continue to monitor the property for compliance through re- inspections every 90 days and attempts to contact the property owner by a quick email letter, telephone call or demand letter every 90 days that the property is not in compliance and fines are running. The assigned Inspector will provide written updates to the CAY every 90 days. 12. If the Board decides not to authorize injunction or enforcement litigation, a decision from the Board could include direction to: i. Allow lien to remain filed and accrue interest until sale or refinancing; or ii. Release the lien; or iii. Request CC staff to provide a progress report on compliance efforts annually at the March BOCC meeting. Exception —If a violation poses a serious threat to the public health, safety & welfare then immediate permission to file an action for an inspection warrant, injunction and /or demolition may be sought with BOCC direction. March 19, 2014 Code Lien Procedure