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Item M07County 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 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: M.7 Agenda Item Summary #2797 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 Linda S. Campbell and the property located at 50 Tina Place, Key Largo Florida, and any other properties owned by them if necessary, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE14080163. ITEM BACKGROUND: This property has been the subject of a code compliance case for failure to hook up to central sewer. The fines total $15,100.00 as of March 21, 2017 and will continue to accrue at $100 per day until compliance is achieved. To date the costs are $511.03 and will continue to accumulate until the case is closed. CE14080163: On July 28, 2016 the Special Magistrate found the property in violation and ordered a compliance date of October 20, 2016. The property owner did not gain compliance and the fine began to accrue on October 21, 2016. The County's lien was recorded on October 28, 2016 and a letter was mailed to the property owners. The code case remains open for non - compliance and failure to pay outstanding fines and costs. As of March 21, 2017 Linda S. Campbell owns no other property in Monroe County and no other open code cases or outstanding Monroe County Code liens were found. The property is not homesteaded and there are no pending foreclosure actions at this time. 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, money judgment and writ of execution; 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. County staff recommends initiating litigation (option 1) against the property owner for injunction, foreclosure, money judgment and writ of execution. 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: Authorization to initiate litigation against Linda S. Campbell and the property located at 50 Tina Place, Key Largo Florida, and any other properties owned by them if necessary, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE14080163. DOCUMENTATION: CE14080163 Linda S Campbell 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: Budgeted CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: 04/12/17 148 -50001 -GROWTH MGMT ADMIN $2,500.00 REVIEWED BY: Cynthia McPherson Completed Steve Williams Completed Bob Shillinger Completed Assistant County Administrator Christine Hurley 03/27/2017 3:51 PM Kathy Peters Completed Board of County Commissioners Pending 03/21/2017 5:03 PM 03/22/2017 11:18 AM 03/22/2017 2:00 PM Completed 03/27/2017 5:05 PM 04/12/2017 9:00 AM C of Monr C o d e Comp liance D e 27 98 O vers ea s Marath • • 33 '• �• I1 � 1111111; � II You are hereby notified that an investigation of the above property was initiated on 08/25/2014 and subsequently found the Following violation(s) of the Monroe County Code; 0 MANDATORY i i FAILURE TO C OM PLET E M ANDATORY i i OF AB C • R e q uired: I. CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND 0-BT"LJ 4, i' ■ i i I all FA m 11121111 KIN10 2 6TO i t■ ,..i ! i ..i i * * *CONTACT INFORMATION IS ATTACHED * ** ACHIEVE WILL BE WHEN THE MONROE CO UNTY CL OSED . � r Packet Pg. 1972 ( ) 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 FIVES 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 339, 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 Magistrate's Final Girder. N 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. I JONES, MAL e ORS A 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 I hereby certify that a copy hereof has been furnished to the abay e named addressee(s) by Certified Mail, Return Receipt Request No.:7014 3490 0001 3900 1994 on(_ . P o de r Compliance �Departr I 1 4 a 0 a 01111% 1 AIWA 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 11 711 ". 1 ' Packet Pg. 1974 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE N INS Rehirn ReCe[pt Feu (Endors� Required) CD Rostricted Delivery Foe (Endor Required) CAMPBELL LINDA S Se 120 EGRET DR SATELLITE BEACH, FL 32937-2018 ---- ------ CE14080163/NCIV/Mi '�Uftsw I fi fi iiG fiF rn va �e 0 000000P mro cc CL CL cl El 0 -,: 'n .c w?R?R 12 0 H -2 0 0 TOW.- HALL MEETINC Lake Surprise, Lake Surprise 11, Largo Hi-Lands, Sexton Cove, Ocean Isles Estates The property owners and residents in the subdivisions listed above and all other interested citizens are invited to a Town Hall Meeting for information on the upcoming sewer project in their neighborhoods. The Key Largo Wastewater Treatment Board of Commissioners and Staff will be represented at the meeting. There will be a presentation explaining how the area will be divided up for construction. What will be expected of the contractors and what will be expected of the residents. Specific topics to be covered include: presentations of scheduling, specifications of installation for homeowners and contractors, an explanation of the assessment process. An open for to answer questions will follRw. Handouts will be provided to the attendees. If you are planning on attending the meeting please call the District office at 305-453-5804 to let them know to better enable them to have enough of the handouts for all attendees. We are looking forward to seeing everyone at the meeting. If you are unable to attend the meeting please log onto our website (wwwklwtd.com) for the information that was covered at the meeting. Key Largo Wastewater Treatment District '� .. . .. . . 5, F# 9(!"'� E T" lf t Pg. 1976 ' 4 4 )kl N To be published on or before August 10, 2005. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS Notice is hereby given that the Key Largo Wastewater Treatment District Board of Commissioners will conduct a public hearing to consider imposition of non-ad valorem assessments against certain parcels of real property located within the District. The hearing will be held at 5.00 p.m., or as soon thereafter as the matter can be heard, on August 31, 2005 at the District office located at 98880 Overseas Highway, Key Largo, Florida, for the purpose of receiving public comment on the proposed assessments. Ifi accordance with the Americans with Disabilities Act, persons needing special accommodation or an interpreter to participate in this proceeding should contact the District Clerk, Carol Walker, at 305-453-5804 at least 3 days prior to the hearing. All affected real property owners have a right to appear at the hearing and/or to file written comments with the District within 20 days of this notice. If a person wishes to appeal any decision made by the District with respect to any matter considered at the hearing, such person will need a record of the proceedings, and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. The assessments have been proposed to recover a portion of the capital costs of District wastewater management facilities constructed, and to be constructed, within the District. The amount of the. assessment imposed upon each parcel will be calculated under and in accordance with the resolution adopting System Development Charges at the District Board meeting of July 20, 2005 and the Initial Assessment Resolution adopted at the District Board meeting of August 3, 2005. Copies of these resolutions and supporting documents are available for inspection and copying at the District office located at 98890 Overseas Highway, Key Largo. The special assessments will be collected by the Monroe County Tax Collector in annual payments on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the real -property, which may result in loss of title. The District intends to collect the assessments in 20 anr.ual assessments, the first of which will be included on the ad valorem tax bill to be mailed in November 2005, Future assessments may be prepaid in their entirety at the option of the property owner. If you have any questions, please contact the District Clerk at 305-453-5804, Monday through Friday between 9-00 a.m. and 5.00 pin. KEY LARGO WASTEWATER TREATMENT DISTRICT. To be published on or before August 27, 010 NOTICE OF PUBLIC HEARING REGARDING ADMENDMENTS TO THE DISTRICT NON-AD VALOREM ASSESSMENT RESOLUTIONS The Board will conduct a public hearing at 4:00 PM, or as soon thereafter as the matter can be heard, on September 21, 2010, at the District Office located at 98880 Overseas Hwy, Key Largo, FL to consider amendments to the District non-ad valorem assessment resolution, the District General Rules and Regulations, the District resolution providing for monthly rates and charges for wastewater collection, transmission, treatment, and disposal, as shown in the attached draft resolutions, and such other issues as may come to the attention of the District. If you have any questions, please contact the District Clerk at 305-451-4019 ext 205, Monday through Friday between 8:00 a.m. and 5:00 pm, KEY LARGO WASTEWATER TREATMENT DISTRICT. VACANT PROPERTY The District assesses all tax parcels within the assessment area. It is up to the tax parcel owner to west removal from the assessment roll. The District will remove a tax parcel from the assessment roll if the owner shows that the tax parcel has not been improved and cannot be developed with facilities that will generate sewage. You can make this showing by demonstrating that the property is marsh, wetland, submerged land, or nature conservatory. You may be required to provide a letter from the Monroe County Planning Department stating that the parcel cannot be developed. If you believe that your property should not be assessed because it cannot be developed, please contact the District, which will help you understand the types of documentation that will be accepted. VACANT PROPERTY BESIDE YOUR PROPERTY RECEIVING SERVICE If you have vacant land that is adjacent to your property that will be receiving service and you have chosen to treat the parcels as a single parcel, even if you have not combined the parcels for property tax purposes, you may file an application to have the District treat the parcels as a single parcel for assessment purposes, meaning that you will be assessed for only one of the parcels. There is a fee for this application. If you later choose to have the District provide service to the vacant parcel the District is advising the undersigned that, if they or their successors desire to have wastewater service provided to any of the Excluded Parcels the cost to the District, and the cost to the undersigned persons or their successors, of providing the service will be significantly greater than the costs of providing service at this time; We encourage you to contact the District for assistance with your assessment q Enclosed you will find a magnet that has the Key Largo Wastewater Treatment District's phone number on it and what to do in case of a sewer emergency. Please place near your phone in case you have a problem wi(h the sewer. If you are a property owner we would like to remind you that once the District has placed an active sewer collection system in front of your property you need to connect to the sewer and decommission your septic system. SEPTIC TANK The septic tank abandom portion of the sewer connection process is administered by the Monroe County Health Department, A permit and inspection are required prior to final approval. Permit application forms are available on the web at hqp: / /www. yfloridach coLii;'ostds/foi or at the Environmental Health offices on the second floor of the Murray Nelson Center, The permit fee is $95,00. The Building Department will not close out your county permit without proof of a health department inspection of your abandoned septic tank. MANDATORY CONNECTION We want to take this opportunity to remind you that connection to the central sewer system is not optional, IT IS MANDATORY. 1 1999, the Legislature adopted chapter 99-395, Laws of Florida, which gave Monroe County the authority to require connection to central wastewater systems. The Florida Supreme Court upheld the validity of ch. 99-395 in Schrader v, Florida Keys Aqueduct Authority, 840 So.2d 1050 (Fla. 2003.) in 2000, Monroe County adopted an ordinance exercising its authority to require connection to the central sewer system 30 days after the property owner receives notification from the District that the central sewer system is available. If you do not connect after notification, we will work with you to encourage connection, but if you refuse to connect, we will turn the matter over to Monroe County Code Compliance, which will obtain a count order requiring connection and imposing fines for failure to connect. Paying your monthly sewer bill does not exempt You from connecting to the sewer, 2015 EXTENSION NOT APPLICABLE Last year, the Legislature enacted chapter 2010-205, Laws of Florida. That law extended the time within which local governments are required to provide central sewer until December 31, 2015, However, THE LAW DID NOT EXTEND THE TIME FOR YOU TO CONNECT TO CENTRAL SEWER. You are required to connect within 30 days after you receive notice that the central sewer system is available for your connection. There are RUMORS going around that you are not required to connect to the central sewer until 2015, and that Monroe County Code Compliance will not take you to court to force you to connect. THESE RUMORS ARE FALSE, and if you rely on them, you may find yourself in a costly and time - consuming legal battle, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Monroe County has made available CDBG grants for low to middle income persons who need assistance in putting in the lateral connection (connection from house to street). Applications are available at the District Office, 98880 Overseas Hwy, Key Largo (middle of highway at MM 98) and on the website w_ww.kIwtd.coi (go to Resources then Financial Assistance), KEY LARGO WASTEWATER TREATMENT DISTRICT Whether or not you connect within the 30-day time limit provided in the notice, you will begin to be billed for sewer service as part of your water bill after the 30 days have elapsed. If you live in a condominium ', your condo association will take care of t connection, and you do not need to take any other action • your own. I The Key Largo Wastewater Treatment District will try to make the connection process as simple for you as possible, but remember there will be many others trying to do the connection work at the same time, so please be patient. We have written materials explaining the connection process, and we will be glad to assist you in completing needed paperwork. Please call or stop by the District office. If you have questions, or if you think this reminder does not apply to you, please call the District office. Packet Pg. 1981 OFFICIAL THIRTY-DAY NOTIFICATION TO CONNECT TO AVAILABLE CENTRAL WASTEWATER SYSTEM 501NU AK number of parcel] Name of property owner] Mailing address] )arcel Address: [Street address of parcel] Tear Property Owner: Phe Key Largo Wastewater Treatment District has now made available central wastewater service to your )roperty. The District's wastewater treatment facility has recently been certified by the Florida Department of Environmental Protection, and is now ready to accept and treat your wastewater ?lease consider this letter as your official notification that a central wastewater system is now available to dour property, and you are required to connect to the District's wastewater system within thirty ( ) 0) days From the date of this Official Thirty-Day Notification, shown above. Please contact the District office it 305-451-8050 so that we may open your valve and begin to receive scivage from your property. Please note that, whether or not you com ply 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 property 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 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you, • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AK: 1560014 CONNER CLAUDE L AND EVELYN AC/0 PAGE KATHERINE C 18329 CYPRESS STAND CIRCLE TAMPA, P ,6547 4, Restricted Deliv�ry? (Extra Fee) El Yes 2. Article Number 7010 0780 0000 5741 9287 (Transfer from service label) ' PS Form 381 1, February 2004 Domestip Return Receipt 102595-02-M-1540 . .. . . . .. Packet Pg. 1983 Service Type IrCertified Mail 0 Express Mail EJ Registered [I Return Receipt for Merchandise [J insured Mail El C.C.D. AK: 1580014 CAMPBELL LINDA S 12Q Egret Dr Satellite Beach FL 32837-2018 Dear Property Owner: If your property is vacant or has been combined with another piece ofpnzpedy ` ' p��s�not�vused3O5~ 451-4018or email us at , ' � �Please be advised that if you have not started connection hz the central wastewater collection system — within 30 days of this |etter, you will be processed 10 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 bvoomp|ednQ the oonneo0on Please not�ythis office ' If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (,4K) 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 oorVVebsibe (KLVVTD.com) and et the office (80880 Overseas Hwy, Key Largo), If you have extenuating oiroumotenoeo, please contact the office. The contact is Carol Walker District Clerk at3O5-451-4O19Ext2Q5. email is com. ' Sincerely, �� �~�8/�� Margaret Blank, General Manager Mv Packet Pg. 1984 IIIIII Complete items 1, 2„ and 3. Also complete A. lgn t f item 4 if Restricted Delivery is desired. • Agent Ln gent so that we can return the card to you. e Er B. Received by (Pra te�f �f rre ;` G. Date of t7ress P', y n .; f . Article Addressed to: D, is delivery address different fr r m\17 0 Yes ru If YES, enter deli ada aw: € 13 No 1S600V CAM PBELL LINDA, S j ' t ,.,4 01 P postag $ S. Service Type IIIIII Complete items 1, 2„ and 3. Also complete A. lgn t f item 4 if Restricted Delivery is desired. • Agent Print your name and address can the reverse gent so that we can return the card to you. e • Attach this card to the back of the mailpiece, B. Received by (Pra te�f �f rre ;` G. Date of t7ress P', y or on the front if space permits. .; f . Article Addressed to: D, is delivery address different fr r m\17 0 Yes If YES, enter deli ada aw: € 13 No 1S600V CAM PBELL LINDA, S j ' t 120 £g ,A Dr 01 P Satellite Beach FL 32937 -2018 S. Service Type Certified Pail' 0 Express Mail 1 13 Re glete Return Receipt for Merchandise Insured Mail , C.O.D. 4. restricted Delivery? (Pxfra Pee) ll Yes 2. Articde Number (T from service label) 701 1010 0001 6 c. 09 P5 Form 3811' , February 2004 Domestic Return Receipt 102595-02-M I ��ul }lt('' s sls � \sr ss t i s srs. }, Packet Pg. 1985 Margaret Blank, General Manager v M WN Al � t'QsPaye� Ln t ert6 ied Fee 0 Postmark Re urn Receipt E Ve Here (Cndorsernent Required) E3 Rc Fr sled Delivery Fee C3 ((1rdartirncn1Requited) ED 17s otal P- . .., M r-_. ru 1560014 C3 r ent 10 r Campbell, Linda 64 ,120 Egret Dr c,a < Satellite Beach FL 32937 -201$ Complete items t„ 2, and 3, Also complete item 4 if Restricted delivery is desired. in Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the rnailpiece, or on the front if space permits. 1. Article Addressed to: 1560014 Campbell, Linda 120 Egret Dr Satellite Beach FL 32937 -2018 A Signature l W CI Agent P�AT d — mssee 13 Ream. by (Pr' ted Name ) C. Bate of Delivery D. Is "s livery address difrerent from item 11 � L1 A Yes farxA If YES, enter delivery address below: No l ea -, 0 L. 3, Service Type El Certified Mail El Express Mail E3 Registered ❑ Return Receipt for Merchandise El Insured Mail 1 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ?010 2780 00 54 07 ? 4 7 (Transfer from servic JabeJ) PS f=orm 381 1. February 2004 Domestic Return Receipt 102595.02 -M -1540 1 tl 11 lY 1 l� ( �S 4 fly Packet Pg. 1987 ME CRIC.Ti"i LOM I no W91 A E fir-III Subject Property Real Estate Number: 00456440-000000 Doen 2097513 10/28/2016 4;51PM Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN Doca 2097513 Bko 2823 Pg# 1048 141i•ynote7 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: The Res ondent(s) and/or Authonz esentative not were/ ere no resent and did /§d tnot ontest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is incorporate erei0 incorporate erei n as if fully set fort A The Respondent(s) is/are the owner(s) of property located within Monroe County and was/were duly noticed of the hearing. v/) 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 161 ao I Ito , .. ("THE COMPLIANCE DATE"). v 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: 20-78.(a) $ 100-00 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 repairs 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 ($ to Monroe County Code Compliance within thirty (30) days of this Order, =19M Page 1 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 of 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 33950. DATED this day of Ll 20 John�G. Van Laningh Magistrate u-ma i►:1ag"4 - 4 1111.7 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, hereby certify that this is a true and correct copy of the above Order, L 4e�� 0&�A.Z Nicole M. Petrick, Liaison Docq 2097518 BkN 2823 p9a 1049 CASE NUMBER: CE14080163 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office. LINDA S CAMPBELL 120 EGRET DR SATELLITE BEACH, FL 32937 -2018 Location of subject property: 50 TINA PL KEY LARGO, FL 33037 Real Estate Number: 00456440 - 000000 I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery I first class U. ail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced' above and /or Authorized Representative � L a on this day of Nicole M. Petrick, Liaison MONROE COUNTY Page 2 OFFICIAL RECORDS Code Compliance Department 2798 Ovorseas Hi,-h%kyav Nlarathoti, Florichi 33050 Voice: (305) 289-2810 FAX: (305) 299-2858 Board of County Commissioners Mawr llefflicr Carnalicrs, Dist. 3 Mm or Pro Tem George NeugClit, Dist. 2 Datmv KothaLc. Dist. I Da \ id Rice. Dist. 4 SyIvia Murphy. Dist, 5 LINDA S CAMPBELL 120 EGRET DR SA'T'ELLITE BEACH, FL 32937-2018 Date: October 31, 2016 Subject: Code Case CE14080163 Property Locahow 50 TINA PL, KEY LARGO, FL 33037 Real Estate No.: 00- IG E" COP Dear Property Owner(s), This letter is to inform YOU that our re cords indicate that the violation(s) remain on your property and the fines will continue to run in the aFROLInt of `S 100.00 per clay until the property comes into compliance. Additionally, a lien against your property was recorded in the Official Records of Monroe County on 10/28/16, Book 2823, Page 1048. The current arnount of' the County's lien is $t233.58 (fines and costs) which continue to - C O L C, accrue and increase until the case is compliant and closed, E m 0 U) This lien is as 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 So m_ t7 County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon, 01 00 Florida 33050, The County will then provide a Release and Satisfaction of Lien to you. W 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) 299 -2810 E 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, C Nicole Petrick Special MagistraLc Liaison L_ (305) 289-2509 lletrick-Mcole@ f i � n ru tit k, -- f] �!_j uv I Packet Pg. 1990 Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 - 2.810 FAX (305) 289 -2858 1� r ' 12 0 EGRET D January 26, 2017 . Subject: Cade Case: CE14080163 Location: 50 TINA PL KEG' LARGO, FL, 33037 Board of Countv 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 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 ether real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on February 23, 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 tines 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 Read., 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 Ivey 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, t Mallory Jones Code Compliance Inspector Jones- mallop7Eunan°oecouny ll.j a a JOHN VAN LA FLO v '', c� CERTIFICATE OF SERVICE I hereby certify that on this a day of \ t' �G..,r t: _ k. , 2017 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return receipt bequest Flo. to 120 EGRE T DR SATELLITE REACH, EL 32937-201 7 ry \ Code CoMp' fiance Department A A ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in thi; 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 Dearing or voice impaired, call "711 ". co W Steven T. Williams Assistant County Attorney 111.1 12"' Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar o.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this a day of \ t' �G..,r t: _ k. , 2017 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return receipt bequest Flo. to 120 EGRE T DR SATELLITE REACH, EL 32937-201 7 ry \ Code CoMp' fiance Department A A ASSISTANCE. If you are a person with a disability who needs special accommodations in order to participate in thi; 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 Dearing or voice impaired, call "711 ". Plantation Key Courthouse 88820 O/S Hwy Tavernier FIL w7millrw 1, Mallory Jones, Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: CAMPBELL LINDA S, described as 50 TINA PL, KEY LARGO, FL 33037, having the property RE#: 00456440000000 with the Notice of Motion/Hearing To Authorize Foreclosure andlor Money Judgment for this case with a Hearing Date of 2/23117. THIS NOTICE WAS POSTED AT: ® SUBJECT PROPERTY AS STATED ABOVE Date: Time: _,-D- ­ AA Monroe County Courthouse — 500 Whitehead Street, Key West, Florida I lfl Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida rNT.M_ fim 1, Mallory Jones, Monroe County Code Compliance, declare duplicate copy of the above-mentioned Notice via First Class r%o cAlrol 1 1 or:Ar�u E: P I L_ 32931 -2D1 Sworn to and subscribed before me this 14:01 under penalty of perjury, that I mailed a Mail to: CAMPBELL LINDA S, 120 EGRET Notary FIViblic, State of Florida ILZEAGUILA My COMMISSION # GG 043704 Z 0 EXPIRES: October 31, 202 Banded Thru Notary Public Underwfitem MA JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA OffV'FER 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 DONE AND ORDERED this; � CERTIFICATE OF ORDER = I hereby certify th this is a true and correct copy of the above Order. zo /nd Nicole M. Petrick, Liaison (W I mis I 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.$. Tfgil to Res ondent dd TMETTECUT MIT Tigur Rian 3 r on this 3 M. Petrick, Liaison qPublic.net - Monroe County, FL k 1 'll l "%� Monroe County, FL qPublic.net" Parcel ID 00456440-000000 Account# 1560014 Millage Group SOOK Location Address 50 TINA PL, KEY LARGO Legal Description BK 6 LT LARGO GARDENS KEY LARGO PB4-38 OR531-87 OR2483- • Market Misc Value 904/06 $2,643 (Note: Not to be used on legal documents) Neighborhood 1950 Property Class MOBILE HOME SUB (0200) Subdivision LARGO GARDENS Sec/Twp/Rng 22/61/39 Affordable No Housing = Total Assessed Value Owner CAMPBELL LINDA S 120 EGRET DR SATELLITE BEACH FL 32937-2018 Valuation Page I Land Land Use MOB HOME DRY (0200) Style 2016 2015 2014 2013 • Market Improvement Value $18,935 $18,935 $19,870 $20,845 • Market Misc Value $3,041 $2,643 $2,404 $2,404 • Market Land Value $65,000 $32,500 $33,750 $32,500 = J ust Market Value $86,976 $54,078 $56,024 $55,749 = Total Assessed Value $59,485 $54,078 $56,024 $55,749 School Exempt Value $0 $0 $0 $0 School Taxable Value $86,976 $54,078 $56,024 $55,749 Land Land Use MOB HOME DRY (0200) Style GROUND LEVEL/ Width 0 Length 0 Gross Sq Ft 11,648 Finished Sq Ft 8,736 Stories 1 Floor Condition AVERAGE InteriorWalls MASONRY/MIN Exterior Walls METAL/ALUM Year Built 1973 Effective Year Built 1976 Foundation CONC BLOCK Roof Type FLAT OR SHED Roof Coverage MIN/PAINTCONC Flooring Type TERRAZZO Heating Type NONEwithO%NONE Rooms 0 Bedrooms 1 Full Bathrooms 1 Halt Bathrooms 0 Grade 350 Grade Description 350 Number of Fire P1 0 Manufacturer Model Color Registration Date Date in County Number of Units Unit Type Frontage Depth 5,000,00 Square Foot 50 100 https://qpublic.schneidercorp.com/Application.aSpX?A— ID=605&Layer1D=9946&Page FP gPublc.net - Monroe County, FL Decal Quantity Previous County Grade Serial Number 1 Previous Decal 4 2 Yard Items 1 Description Year Built UTILITY BLDG 1975 PATIO 1975 TRAILER SKIRT 1975 Sales Vacant or Improved Sale Date. Sale Price Instrument 8/30/2010 $0 Warranty Deed Sketches PTO (24) S T •.. Page 2 Roll Year Quantity Units Grade 2004 1 48 SF 2 1976 1 720SF 1 2010 1 236 SF 4 Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 2483 904 11- UnquaPifed Improved littps:llgpublf c. schneidercorp. cornlAppllcation.aspx?AppID= 615 &LayerID=9946&PageTy... oet-Monroe County, FL No data available for the following modules: Buildings, Commerci Buildings, Exemptions PermTts. Yuge� The Monroe County Property Appraiser's office maintains data w` propert within the County solely for the purpose of fulfil /ncits �~�� ro�mmm|avmm�unca just va|u��nmrad,a/oem�mnurp�emannmn��w|m mm°c^u�vr/=wmnmccvunm ��� S pmne�vApnm/o*rvoffice c*^nwuvwmn�eimo^"v� x cv�"nvnmerpu�v� Likewise, provided — may not be applicable in prior or subsequent years. By requesting such data, y ou hereby understand and agree that the Developed b The Schneider Last Data Upload: 3/2112017 1:55:23 AM Corporation h1tp . g4 — 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 a Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: N44���, Ma or Syl �` Murphy # 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 Compliance within 14 days after the compliance date for those cases that have not achieved compliance. 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. 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. 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 the unpaid fines, foreclosure, or other relief. Potential non - litigation options include referral to another agency, allowing liens to accrue, or other relief. 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. 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