Item O05M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: 0.5
Agenda Item Summary #2918
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.
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: 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.
DOCUMENTATION:
MEMO REFFERAL FOR FURTHER ACTION CE09080061 CE13100185 CAPO
SUPPORT DOCS AIS BOCC CAPO (MinuteTraq)
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 ADM1N
$2,500.00
REVIEWED BY:
Cynthia McPherson
Completed
Steve Williams
Completed
Bob Shillinger
Completed
Assistant County Administrator Christine Hurley
05/02/2017 2:07 PM
Kathy Peters
Completed
Board of County Commissioners
Pending
04/22/2017 5:54 PM
04/24/2017 3:25 PM
05/02/2017 1:45 PM
Completed
05/02/2017 5:07 PM
05/17/2017 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
Danny 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 UNPERMTTTED
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.
1
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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.
• MCC Sec. 6- 27(b)(2)h — ACCORDING TO THE BUILDING OFFICIAL THE UNPERMTTTED
SCREEN ENCLOSURE HAS BEEN DEEMED UNSAFE AND WILL REQUIRED A PERMIT TO L)
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.
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CASE CE13100185 BACKGROUND: era
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This property has been owned by Marcel Capo since 2000. This property was due for connection to the central
sewer system in October 2010. Notices were sent by the Utility to the property owners from 2010 — 2013. After CD
three years had passed the case was referred to Monroe County Code Compliance.
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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
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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 M
fines to accrue if compliance was not achieved. Compliance was not by achieved and the Final Order was U
recorded in the Monroe County Official Records as a lien on September 23, 2016. Letters were mailed to the
property owner on September 28, 2016 and December 7, 2016. P
Research revealed on December 22, 2016 the violation remained, therefore, a Notice of Motion to Authorize
Foreclosure and /or Money Judgment /Notice ofHearing 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 $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.
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.
N
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
91
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MEMO REFFERAL FOR FURTHER ACTION CE09080061 CE13100185 CAPO
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UNSAFEMNSANITARY REFERRAL
TO: Joe Paskalik, Building Official
THROUGH: Ronda Norman, Sr. Director, Code Enforcement
FROM: I, I Al
SUBJECT: Referral for Unsafe /Unsanitary Property /Structure(s) /System(s)
DATE: /Atl �c
Attached please find photographs /documents regarding:
CODE ENFORCEMENT CASE: 00 " ,for your review.
Owner/ Tena
r
RE: 3CO 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:
J Unsafe per Monroe County Code and will J will not require a building
permit to bring the violation(s) into compliance.
Unsanitary per Monroe County Code and will will not require a permit to
bring the violation(s) into compliance.
� , Build in Official Date
PlxUL 7vrrrtc�t?.L
PLAINTIFF'S
EXHIBIT
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MONROE COUNTY CODE ENFORCE.. ,ENT
NOTICE OF VIOLATION/NOTICE OF HEARING
TO: CAPO MARCEL CASE NUMBER: CE09080061
1492 AQUEDUCT IN
KEY LARGO, FL 33037
RE NUMBER: 00468472006300
LOCATION 1492 AQUEDUCT IN CROSSKEY WTWY
KEY LARGO, FL 33037
You are hereby 0, notified that an investigation of the above referenced
property on V� 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.
L7-2.(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.
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 •
OCCUPANCY AND/OR CERTIFICATE • 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
W/ /' . If the violation is corrected and then
recurs, or it 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. 2648
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 working
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 $15,000 per violation if the Special
Magistrate finds the violation to be irreparable or irreversible in nature
In addition to such fines, the Special Magistrate may impose additional
fines to cover all costs incurred by the local government in enforcing
its codes and all costs of repairs pursuant to subsection (1).
Date: 10/19/09
Code Enforcement Inspector
I hereby certify that a copy hereof has been furnished to the above
named addressee(s) by Certified mail, Retuxin recp jequest No.
900 Z'A OWO 1'99$ 75654 *yLa rea-coc
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 • 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 • THIS NOTICE WILL BE POSTED AT
THE MONROE COUNTY COURTHOUSE
11
1091IM&II01 . .•. all,
MONROE COUNT', FLORIDA
CODE ENFORCEMENT DEPARTMENT
REGISTERED MAIL
RECEIPTS
Complaint Number: CE09080061
RRR# 7002 2410 0000 9898 3654
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MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Dactl 1806400
810 2484 PoN 198
Monroe County Code Enforcement
Petitioner
VS.
Capo, Marcel
Respondent(s)
Case Number: CE09080061
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:
1. 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:1Documents and Settings \link- dianelDesktop\MASTER STIPULATION FOR FIRSTTIME OFFENDER GEARY (3).DOC
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Packet Pg. 2651
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
(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
Statutes.
4. The parties agree that the property will be checked for compliance
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.
DlacN 1806400
B14M 2484 PgN 199
CADocuments and Sertingsklink-diattc\DcsktopWASTER STIPULATION FOR FIRSTTIMEOFTENDER GEARY (3).DOC 2
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 day
130.186.
$25.00 Per day
6- 27.(b)(2)h
$100.00 per day
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
end of the business day November 25, 2009
9. 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.
Vacq 1806400
810 2484 PgN 200
C:1Documents and Settings \link- diane\Desktop\MASTER STIPULATION FOR FIRSTTIMEE OFFENDER GEARY (3),DOC
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By signing this Stipulation, both parties represent that they have READ,
UNDERST OD, AND CONSENT to its terms and conditions.
Si nature of Respondent(s) / Date Signature of Respondent(s) I Date
t- �cf- _ A
Print Name
Print Name
STATE OF - '� 7 1 Or � dq
COUNTY OF NY1h ^ r 0
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
Ma Y 4 I —AW CA Vl 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-DI
TARY PUBLIC
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
My commission expires W lc l 201ar My commission expires 20_:
AdraL T" A Deep 1806400
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COMM" a a N111�9
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MONROE COUNTY FLORIDA,
Petitioner,
BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
)
Case No. CE _MOM
V AR, t, •
Respondents}
Deeq 1806400 09/21/2010 12:58PM
F.Iled 8 Recorded In Offielat Records of
FINAL ORDER MONROE COUNTY DANNY L. KOLHAGE
Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspector(s) and/or witnesses under oath, the following
Findings of Fact and Conclusions of Law are ORDERED:
The Respondents) andfor Authorized Representativ re no
present and didfdld not contest the vloladon(s) set forth in the Notes of Vlolation/N ce of Hearing which is incorporated herein as N fully set forth,
(y{The Respondents) Were the owners) of property located within Monroe County and washvere duty noticed of the hearing. The Respondent(s) Ware in violation of
the Monroe County Code(s) as fully set forth in the Notice of MolationlNotics 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 hereby levied for the administrative recovery of the costs of prosecuting and Investigating this matter. Costs
will continue to accrue until compliance Is achieved 0 112116 cite [a sed. Furthermore, Ore Respondents) shag comply with those Code(s) referred to In the Notice of
Violation/Nodoe of Hearing on or before T ( "THE COMPLIANCE DATE").
(� 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 amount of
$ lam-1 , 410 4 7°]� X1'rQ11) =
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation isiare hereby ORDERED.
( ) a one time fine of $ is ORDERED, and the condition causing the violation(s) is found to present a threat to the
public health, safety and welfare. It is further ordered, that the County is hereby authorized to make a0 reasonable repairs which are required to bring the property into
compliance and charge tta respondent(s) with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter.
( ) The Respondent(s) islam ordered to attend a complianealreview hearing to be held on
20_
IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLUANT BY CALLING
CODE ENFORCEMENT AT (3051453.8808 FOR THE UPPER KEYS: (30512119 FORTHE MIDDLE KEYS: (305) 292-4495 FOR THE LOWER KEYS
In the event of nonpayment of fines and costs Imposed on Respondent(s), a cerdfied 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 Insthuts foreclosure proceedings If the lien remains unpaid for three months. Please make cheeks payable to Monroe County Code
Enforcement and mail to: Monroe County Code Enforcemam, Attn: Office of the Lialson, 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/Not oe 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
($ s ) to Monme County Cade Enforcement within thirty (30) days of this Order.
Deep 1806400
Skill 2484 Pill 187
DATED Ous day o t 20�.
LARRY J. SA 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 Nodes of Appeal, signed by
the Respondent(e). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER
^JRSUAHT TO °,ECTION 152.11, FLCRAA 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 cerfify that this is a true a f the above Order and that a true and correct copy has been furnished to the nt(s) and /or Authorized
Representative via hand delivery Rrst class U.S. WdIki address of record with the Monroe County Property Appraisers Office on this day of
20
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MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
D13eq 1806400
Monroe County Code Enforcement 810 2484 Pqa 202
Petitioner
VS.
Marcel Capo
Respondent(s)
Case Number CE09080061
STIPULATION FOR AN EXTENSION OF TIME TO COMPLY
In the matter of:
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:
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).
C Omuments and Settings\ link- dianelDesktop\dcsk- top Gles\EXTENSION To STiP.doc
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
[roll=
6-27.(b)(2)h $25.00 per day
110-140.(1) $25.00 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting the
case within 30 days of compliance and that such costs may be imposed as a lien under
Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b).
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. a*cm taOS400
BIQ 2484 PgN 203
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gignature of Respondent(s) /Date
Print Name
STATE OF diq
COUNTY O
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
(I I ) A re tt- 1 0 >� ��� - who,
after first being sworn by me, affixed his/her
signature (name of individual signing) in the
)pkce cVvided a¢p3w, on the !�7— 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
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Inspectors name
STATE OF O//
COUNTY OF Dt
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
siA
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after first being sworn by me, affixed his/her
signature (name of individual si ning) in the
space provided above on this 60 >"— day of
- / 20./6
NOTARY P BLIC
Signature of Respondent(s) /Date
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M13NROE COUNTY
OFFICIAL RECORDS
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County of Monroe
Growth Management Division
Code Comoliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289 -2810
FAX: (305) 289 -2858
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
CAPO MARCEL CAPO
1492 AQUEDUCT LN
KEY LARGO, FL 33037 -2802
April 12, 2014
Subject: Code Case: CE09080061
Location: 1492 Aqueduct Lane, KL
Dear Property Owners,
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
other real and/or personal property you own.
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,
Kathleen Win sor
Sr. Code Compliance Research Analyst
Windsor-kathleen@Monroecognty-fl.gov
305- 289 -2586
Packet Pg. 2660
County of Monroe
Growth Management Division
Code Comoliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289 -2810
FAX: (305) 289 -2536
Board of County Commissioners
Mayor Danny L. Kolhage, Dist.I
Mayor Pro Tern Heather Carruthers, Dist. 3
George Neugent, Dist. 2
David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
MARCEL 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.
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@monroecounty -fl.gov
305- 289 -2586
1' F
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. i--7
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 - L0 day of 20 15 a copy of the foregoing was furnis�hed to
Respondent(s) via Certified Mail, Return Receipt Request No. �U1,3 1- y �yw aq �-3 (.01( � / to
1492 AQUEDUCT LN KEY LARGO, FL 33037 FL �,
Code Compliance Dep ent
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. 2662
MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE09080061
I 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 0413012016.
THIS OTICE WAS POSTED AT:
SUBJECT P r
,ROPERTY AS STATED ABOVE i
Date: � �� Time: (- ��
Monroe County Courthouse — 500 Whitehead Street, Key West, Florida
Date:
Time:
Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida
Date:
Time:
Plantation ley qourthouse — 88820 Overseas Highway, Tavernier, Florida
Date: 41 ifil v s Time:
Si ure:
Sworn to and subscribed before me this �,/ l day o 02OZ-57
CERTIFICATION OF MAILING:
AREMEDP RI wy
A #/ PU60C 5tib of FWIQ
MY CormdWM &*ft SP 5, 2011
0 ""N n 147157
Bonded By'NwWW NOWY Attu
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 LN, KEY LARGO, FL 33037.
Si nature:
iAi
Sworn to and subscribed before me this day of , 20 J5•
L�� - 0' Notary Public, State of Florida
04DW OMMS # FF M W ca�ul�oN t FF oeo�a Bo '�idielR S Pu n
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. )
MARCEL CAPO, )
Respondent(s). )
Case No.: CE09080061
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
judgment proceedings to recover the amount of the lien plus accrued interest.
DONE AND ORDERED this day of 20_/,J, at the Marathon
Government Center, Marathon, Florida.
John G. Van Lanm gharn
Special Magistrate
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
T
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
on this ! !Z '� day of , 20/S
Nicole M. Petrick, Liaison
n:::: • 7
Packet Pg. 2665
County of Monroe
Growth Management Division
Code Compliance Deaartment
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
KEY LARGO, FL 33037 -2802
April 29, 2016
Subject: Code Case: CE09080061
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 $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. 2666
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5/18/16 -Capo -1492 Aqueduct Lane -Key Largo -By Link
Code Enforcement Fines - MONROE COUNTY LIVE ****
F'le Edit Actions Details Unks Help
Case Information
Case Number CE09080W Ongmahon 1 - PHONE CALL
RE 00468472006300 Board SM - SPECIAL MAGISTRATE
Address 1492 AQUEDUCT L't CROSSKEY WTWY Total Fines 120450 00000
Ordinance
Date Ordered
130 -186.
12/03/209
17 -2.(,a)
1210312009
17-2.(b)
12/03%2009
5- 27.�))(2)h
12/"03/2009
99 =.
25.000fl0
21- 20. (a)
CB/127010
Fine Details
Ordinance Code 110. 140 ;1,
Comply By
Fine Start
Daly fine Settle Amount
08/11/2010
US/ 1Zi2010
25.00000;
,08111!2010
03112'2010 '
25.00400,
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03/1212010 !
25.000fl0
'08/11/2010
CB/127010
25.00000;
Amount Paid
000
Date Paid
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Date Ordered
1203/2009
Comply By
Fine Start
08/12/2010
Dey Fine
'humber of Days
2409
Suspended Days
Current Fine
6022500
Complied Date
Settle Amount
000
Settle Date
Amount Paid
000
Date Paid
1tA
08!11/2010
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Code Enforcement Detail
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Page 1 of 6
March 17, 2017 - 3:54 PM My Account I Privacy Policy
Monroe County eGovPLUS
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
1 AQUEDUCT LN CROSSKEY
Property Address 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 E: SHED IN SETBACKS, ABANDONED BOAT Et
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) - )00( ABANDONED WATERCRAFT
5: 21- 20.(A) -- PREMISES TO BE CLEANED
6: 6-27.(B)(2)H -- UNSAFE PERMITS INSPECTIONS C.0
7: 99
NOT ES
2009 -1049 09:21:51 EXHIBIT #1 15 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
Code Enforcement Detail
2014 -04 -04 10:39:51
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 1 B'X
29 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 8: THE DEBRIS PILE REMOVED.
SEE EXHIBIT #14 - EXHIBIT #15 SHOWS THAT
ALL OTHER VIOLATIONS EXIST. NO PERMITS
HAVE BEEN APPLIED FOR.
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 DE TAIL
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 15 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 15 OBJECTING TO CAPO'S CLAIM OF
EXEMPTIONS.
STAFF RECIEVED EMAIL FROM PO
REQUESTING
EXTENSION OF TIME ON THE SEWER CASE
Page 2 of 6
d
Packet Pg. 2670
Code Enforcement Detail Page 3 of 6
Packet Pg.
(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.
05-18-
2016
14:10:17 COMMENT CODE
PHOTOS FROM REI IN ATTACHMENTS
05-17-
08:55:57 REINSPECTION
SCREEN ROOM STILL IN EXISTS. NO PERMIT
2016
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
04-29-
LETTER NOW
THE CURRENT AMOUNT OF THE MONROE
2016
12:51:43 PAYMENT/COMPLIANCE
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
04-29-
HAVE ALREADY RECEIVED APPROVAL FROM
2016
12:49:34 ACTION BY SR CC RES ANALYST
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
03-03-
EMAIL FROM LAURIE, FORECLOSURE
2016
11:51:12 COMMENT CODE
DISMISSED
AND PO RETAINS POSSESSION OF PROPERTY.
PHOTOS FROM 6/1/15 IN ATTACHMENTS.
06-02-
09:35:45 COMMENT CODE
PRINTED COLOR PHOTOS TO WINDSOR FOR
2015
S/M
FILE.
NO PERMIT TO KEEP OR TO DEMO SCREEN
06-01-
16:01:49 REINSPECTION
ROOM.
2015
SEE PHOTO SHOWING SCREEN ROOM STILL
EXIST
05-04-
16*01*31 ACTION BY LIAISON
ORIGINAL FILE FILED BY MONTH OF LIEN -
2015
SEPTEMBER 2010
05-D4-
COPY OF ORDER AUTHORIZING FORECLOSURE
2015
16:01:11 ACTION BY LIAISON
MAILED TO PO VIA 1ST CLASS US MAIL ON
05/04/15.
04-30-
SM GRANTED MOTION TO
SM ORDER AUTHORIZING FORECLOSURE
2015
16:00:47
PROCEED
NOTE: NO ONE PRESENT AT HEARING.
04-30-
SM APPROVED MOTION TO PROCEED WITH
2015
14:37:32 INSPECTORS HEARING NOTES
COLLECTION ACTIONS.
NO ONE APPEARED FOR RESPONDENT.
04-30-
2015
10*02*43 SET FOR HEARING
04-21-
12:11:44 REINSPECTION
SPOKE TO OWNER GIVING HIM OPTIONS.
2015
EITHER GET DEMO PERMIT FOR THE SCREEN
Packet Pg.
ROOM, OR GET PERMIT TO KEEP THE SCREEN
Page 4 of 6
ROOM. THE ONLY ITEM LEFT FOR
COMPLIANCE
ON THIS CASE IS THE EXT. SCREEN ROOM.
THE SLAB Ft AWNING WERE PERMITTED.
PER USPS.COM CERTIFIED NOTICE OF
MOTION TO AUTHORIZE FORECLOSURE
04-20-
AND /OR MONEY JUDGMENT PROCEEDING
2015
16*59 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-
2015
15*13*02 COMMENT CODE
PHOTOS TO
KW FOR FILE- LC
PREPARING POSTING AND MAILING FOR
NOTICE OF MOTION TO AUTORIZE
04.13-
FORECLOSURE AND /OR MONEY JUDGMENT
2015
11:44:46 ACTION BY ADMIN
PROCEEDING Eit NOTICE OF HEARING TO
PO VIA FIRST CLASS MAIL.
POSTING PACKAGE SENT TO KEY LARGO
INSPECTOR TO POST. CMARTIN
NOTICE OF MOTION TO AUTHORIZE
FORECLOSURE AND /OR MONEY JUDGMENT
PROCEEDING Eit NOTICE OF HEARING FOR
03-10-
14:50:57 ACTION BY ADMIN
04/30/2015 HRG
2015
MAILED CERTIFIED TODAY.
CERT #7013 1710 0000 2973 6164
PO: MARCEL CAPO
CMARTIN
PRESEARCH REVEALS THAT BOTH
FORECLOSURE
03-10-
ACTIONS BY WELLS FARGO HAVE BEEN
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 PO. 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
GRANDFATHERED IN AND HE HAD BEEN TOLD
"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 ATTORNEYS OFFICE IN MTH
(SEPT 2010)
04-12-
13:24:10 LETTER NON-
LTR SENT TO PO:
2014
PAYMENT/COMPLIANCE
A DAILY FINE OF $25.00 PER DAY HAS
Page 4 of 6
0.5-b
Code Enforcement Detail Page 5 of 6
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.
04-12-
IN COMPLIANCE 6-27. (B) (2)H
2014
13-05-11
COMMENT CODE
COMPLIANCE DATE WAS: 11130/09
04-04-
13:40:33
REINSPECTION
SITE VISIT INSP RODRIGUEZFITO.
ul)
2014
SCREEN ROOM REMAINS.
co
T _
04.04
IN COMPLIANCE 17-2.(B)
CD
2014
10
COMMENT CODE
COMPLIANCE DATE WAS: 03/12/10
CD
04-04
IN COMPLIANCE 17-2. (A)
2014
10'.47
COMMENT CODE
COMPLIANCE DATE WAS: 03/12/10
Lu
04-04
IN COMPLIANCE 130-186.
2014
10:46:47
COMMENT CODE
COMPLIANCE DATE WAS: 11/30/09
COUNTY WAS SERVED ON COMPLAINT ON
C)
(D
04-04-
10:36:17
COMMENT CODE
NEW
2014
LIS PENDENS.
EMAILED KL OFFICE FOR REL
Lu
SM FINAL ORDER FROM 12/3/09 STIP 8t EXT
u
09-21-
TO STIP RECORDED WITH CLERICS OFFICE ON
0
2010
15:43:42
ORDER SENT TO MCCO FOR REC
09/21 /10. DOC # 1806400 BOOK 2484 PAGES
0.
197-204.
REINSPECTION SHOWS SCREEN ROOM.
RESEARCH
w
SHOWS NO PERMIT APPLIED FOR OR ISSUED
TO
09-03-
14-03
COMMENT CODE
ENCLOSE AWNING ON SLAB. COLOR PHOTO
2010
TO
Cr
NICOLE FOR S/M FILE
NO PERMIT FOR SCREEN ENCLOSURE-NON
(D
COMPLY
04-15-
FINE CHANGED 17-2.(B)
2010
13
COMMENT CODE
START DATE: 08/12/10 FINE AMT: 25.00
04-15-
13
COMMENT CODE
FINE CHANGED 17 -2.(A)
0
2010
START DATE: 08/12/10 FINE AMT: 25.00
0-
04-15-
FINE CHANGED 110-140. (1)
2010
13
COMMENT CODE
START DATE: 08/12/10 FINE AMT: 25.00
04-15-
FINE CHANGED 6-27.(B)(2)H
2010
13.57-39
COMMENT CODE
START DATE: 08/12/10 FINE AMT: 100.00
0
(a
. 04-15-
13
COMMENT CODE
FINE CHANGED 130-186.
U)
2010
START DATE: 08/12/10 FINE AMT: 25.00
STIPULATION FOR AN EXTENSION OF TIME TO
04-06-
COMPLY SIGNED ON 04/06/10. FINES REMAIN
U)
u
2010
13:59:07
STIPULATION AGRMT. SIGNED
AS AGREED. NEW COMPLIANCE DATE IS
0
08/11/10.
CO
REINSPECTION SHOWS COMPLIANCE
ON ALL EXCEPT 110 - 140(1) It
0
6-27(B)(2)H.
CL
OWNER WILL NEED SOME TIME FOR THE
0-
PERMIT
PROCESS. WILL NEED EXTENSION TO
STIPULA-
TION AGREEMENT. NEW COMPLIANCE DATE
as
03-12-
OF
E
2010
10*41*20
REINSPECTION
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 It D
03-12-
08
STIPULATION AGRMT. SIGNED
EXT. TO STIP. COMPLIANCE DATE 8/11/10
2010
13:36:42
SENT TO LIAISON
Code Enforcement Detail
12 -10-
2009
11*33-01
SET FOR HEARING
12-09-
18:48:32
REINSPECTION FOR HEARING
2009
13:40:25
COMMENT CODE
12-09-
2009
13:40:25
COMMENT CODE
12-09-
17:24:03
STIPULATION AGRMT. SIGNED
2009
13'40.'25
COMMENT CODE
12-09-
2009
1140:25
COMMENT CODE
12-09-
2009
13:40:25
COMMENT CODE
12-03-
2009
14:01:40
COMMENT CODE
12-03- 13 STIPULATION AGRMT. SIGNED
2009
12-03-
2009
11*33-01
SET FOR HEARING
12-02-
2009
18:48:32
REINSPECTION FOR HEARING
12-02-
2009
18*46
PEINSPECTION FOR HEARING
12-02-
2009
17:24:03
STIPULATION AGRMT. SIGNED
10-22-
2009
16
COMMENT CODE
10.9
16:02:34
XXXNOV CERTIFIED RETURNED
10-21-
2009
1430*46
NOTICE OF VIOLATION/ HEARING
10-19-
2009
09'24*58
COMMENT CODE
10-07-
2009
10:20:10
MAKE VIOLATION
10-07
2009
09*23*48
INITIAL INSPECTION TYPE
09-16-
2009
09.
INITIAL INSPECTION TYPE
08-10-
2009
16*20*48
CREATE A CASE
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.(1)
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 121212009. FINES IN THE
AMOUNT OF $25.00 FOR CHARGES OF
110-140.(I),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 03/1812010.
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 3118/09
NOT IN COMPLIANCE EXCEPT 21-20(A)
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
INSPECTION Et 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 policy.
Copyright 0 2007 - THE PLUS SERIES CD - All Rights Reserved
Page 6 of 6
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F Packet Pg. 2674
MONROE COUNTY
OFFICIAL RECORDS
This Document Prepared By and Return to Maned M FILE # 1 1 9 1 6 6 1
Manuel M. Arvesu, P.A. BK# 1 6 4 5 PG# 1 7 4 5
3901 N.W. 79th Avenue, Suite 107
Miami, 81. 33166 RCD Jul 28 2990 11 r 06AM
DANNY L KOLSAGE, CLERK
Grantee #I TIN:
ee k I TIN:
t . 1573Z81
Gr DEED DOC RTA�783.38
Grant
Gremcc 02TIN: 87128/2888 DIP CLK
Warranty Deed
This Indenture, Madethis 7th day of July , 2000 A.D., Between
Thomas Z. Green, a married man
of the County of Franklin , state of Ohio , grantor, and
Marcel Capo, a married mom and Willies Capo, a married man
whose address v: 1492 Aquaduet Lane , Key Largo, FL 33037
of um County of Monroe , state of FL 33037 , grantees,
W ituesseth that the GRANTOR, for and m couidemtion of the cum of
----------------- - - - - -- -TEN DOLLARS ($10) ----------------- - - - - -- DOUARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the mccipt whereof is hereby acknowledged, law
granted, bargained and sold to the maid GRANTEES and GRANTEES' heirs, succenom and assigns foraw, the following described land, situate,
lying and being in the County of Monroe Stan of Florida to wit:
Lot 31, Block 2, of CROSS KEY WATERWAY 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 RCHESTEAD
property of the Grantor. The Grantor's HCUESTRAD address is 3137
Glenshaa Avenue, Columbus, OS. 43231.
and the grantor don hereby fitly warrant the title to said land, and will defend the same against lawful claims of a0 persons whomsoever.
In Witness Whereof, the grantor has bereumo met his hand and seat the day and yew first above written.
Signed, sealed and delivered in our presence:
—s (Seal)
printq N o We nd y ftcs Thomas E. Green
Witnepa P.O. Address: 3137 Gleasbw Avenue, Columbia, ON 43231
Prita la®o-Beattea
Witness MONROE COUNTY
UrYICIAL RECORDS
STATE OF Florida
COUNTY OF Miami -Dade
The forcgoiog instrument was acknowledged before me this day of , 2000 by
Thomas E. Green, a married man
he is pammally known tome or he has pmducedhis Florida driver' a license as identificaaoa
DIN 01APP� COMWENDY ROCA t , po —
a MISSION A CC623830 Printed Nazis:
EXPOS NB 23.2001 v Vie
� sonot:omltouon Notary Public "°'�
�OF P anAWC SONDWO CCX INC. M Commission E xpires:
spires:
00 -132N
ra,v G— UWbyGD*RSPW..k . IM (941)757.5555 F— FLWD.I
4 � �
LAFM WkSTWOMM TFkEATNMW
hptqr
NOW QVWkg MWX KSY LANK FL 33W
PHCM (300 5004 PAX (AW
WWW.KLWTD.COM
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 vour
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 (3 0) 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 svNage treatment and disposal
system. The abandonment must be coordinated with the Monroe County Health Department, which will
assist you with completing your permit.
Sincerely,
P
EXHIBIT
Charles F. Fishburn
General Manager
Packet Pg. 2676
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PETITIONER'S
EXHIBIT
KEY LARGO WASTEWATER TREATMENT DISTRICT
MGM OVERSEAS HWY, KEY LARGO, FL 33037
POST OFFICE 11= 491; KEY LARGO, FLORIDA 33
PHONE 451.4019 FAX (SOS) 4S9~3507
11(1
RLM
tMNW KLWTD COM
April 22. 2013
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 cu.:i.
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 j98880 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 a Nvi?i <I4vt6.cDm. i
Sincerely,
Margaret Blank, General Manager
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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(a)-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(cDklwtd.com
Sincerely,
Margaret Blank, General Manager
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KEY LARGO WASTEWTVIR TRKATME D!S° I MC a
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Date: August 7, 2013
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 r -�i 5klwtd corn
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).
If you have extenuating circumstances, please contact the office, The contact is Carol Walker, District
Clerk at 305 -051 -4019 Ext 205, email is rac klwtd uom.
Sincerely,
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MION?- PE WINTY 1 ME E. Mk%.',EMENT
NO TICE ±, F`Ek�.A.L
PROPERTY ON CASE
Owner I Capo Marcel
Owner Address 11492 Aqueduct LN
RE 100468472- 006300
Property Address 1492 Aqueduct LN
City/State/Zip I Key Largo FL 33037 -2802 I city/state/zip Key Largo FL 33037
KEY LARGO WASTEWATER TREATMENT DISTRICT HAS ATTEMPTED TO
NOTIFY YOU OF AVAILABILITY TO CONNECT TO THE CENTRAL SEWER
SYSTEM.
OUR RECORDS SLOW THAT THE ABOVE STATED PROPERTY IS NOT YET
CONNECTED TO THE CENTRAL SEWER SYSTEM AS REQUIRED BY LOCAL AND
STATE LAW.
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FLORIDA STATUTE § 381.00655 REQUIRES THAT YOU CONNECT TO AN
AVAILABLE CENTRAL SEWER SYSTEM WITHIN 365 DAYS OF WRITTEN
NOTICE THAT SERVICE IS AVAILABLE TO YOUR PROPERTY.
T: IE STATUTE ALLOWS THE COUNTY TO ENACT ITS OWN LAWS FOR
T: rECTION OF THE PUBLIC WEALTH AND SAFETY.
M COUNTY CODE § 20-78.(2) REQUIRES THAT YOU CONNECT WITHIN
3( IF NOTIFICATION.
BI ED YOU WILL BE RECEIVING A "NOTICE OF VIOLATION"
R] NG THE M [HY CONNECTION TO THE CENTRAL SEWER
S1 THAT "N16 VIOLATION" WILL BEGIN THE ENFORCEMENT
PI ' CONNEC'
IF FIANCE IS KEVED WITHIN THE TIME FRAME GIVEN IN THAT
N@ _ _ _ _, _ � DAILY Fl D0.00/DAY SHALL ACCRUE UNTIL SAID
CONNECTION IS CC THIS WILL ULTIMATELY RESULT IN A LIEN
BEING PLACED ON 'II.-, um i mOPERTY.
PLEASE CALL INSPECTOR MALLORY JONES FOR QUESTIONS: 305- 289 -2540.
7 TL a
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289 -2810
FAX: (305) 289 -2858
We strive to be caring, professional, and fair.
AFF"AVIT off MAIL ITEM
To: Capo Manrcel
1492 Aqueduct Ln
Key Largo FL 33037
Case Number: CE13100185
Item description: Notice of Availability to Connect and Referral
Date Mailed: 02/4/16
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
I, Mallory Jones, of Monroe County Code Enforcement, declare under penalty of perjury, that I
mailed a duplicate copy of the above mentioned document via first -class mail to the above
named addressee(s). ;
Signature:
Printed Name: /�or�f Grte
Date: 4, -21 /
-�
Sworn to and subscribed before me this l da of
- - _ Y , 2016.
PETITIONER'S
(Notary P Aic, State of F EXHIBIT
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Notary Public - State
My Comm. Expires May 19. 2016
Commission # EE 168590
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CE131 ill 86 Capo Marcel
1492 Aqueduct Ln — Key Largo
Inspector Jones — 02/03/2016
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Public Notice
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PETITIONER'S
EXHIBIT
a
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County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATI{ 9 4F HEARING
To: CAPON :EL Case Number: CE13100185
1492 AN DUCT" LANE
KEY LA_ _ _ # 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.
PETITIONER'S
EX7BIT
( y j 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
Cent r, 2798 Overseas Hwy., Marathon, Florida.
( 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.
2
PETITIONER'S
EX}iIB1T
a f
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:
*JONNES, .oR U ��
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 nwned addressee(s) by Certified
Mail, Return Receipt Request No.: 7014 3490 0001 3900 1925 on &[ r
Code Compliance Department
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 ".
3 11 PETITIONER'S
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CECE13100185 Capo Marcel
1492 Aqueduct Ln — Key Largo
Inspector Jones — 04/13/2016
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EXHIBIT
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MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE13100185
I, A gO ON , 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 04128/2016.
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time: Ap' 9 710 M
Monroe County Courthouse – 500 Whitehead Street, Key West, Florida
Date:
Time:
Monroe County Courthouse – 3117 Overseas Highway, Marathon, Florida
Date:
Time:
Plantation Key I ourthouse – 88820 Overseas Highway, Tavernier, Florida
Date: 1 Time: — Q
Signature: �(17
Sworn to and subscribed before me this ,_]��day of —A-06
CERTIFICATION OF MAILING:
Notary Pu
m ''W +MISSION IF FF 010709
EXPIRES: November 14, 2017
' '- -r ft " Publ6 Unduwk,
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: 1 l
Sworn to and subscribed before me this i I _ day of r l —
Notar} Public, State of Florida
F
,O.wv P TERESA L. SMITH
'+ o- Notary Public
State of Florida
+� My Comm. Expires Fab 23, 2019
Commission # FF 174827
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[XHIB ITIONE R'S IT
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
Docn 2092943 09/23/2016 3:52PM
MARCEL CAPO ) l Ied & Recorded in O ici I Re cords of
Respondent(s). )
Docu 2092943
BkN 2817 P90 513
FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspectors) and /or witnesses
under oath, the following Findings of Fact and Conclusions of Law are ORDERED:
1k Respondent(s) and/or Authorize resentative of /'C e / �`C�— o
erg were not present and dtd id not ntest the violation(s) set forth in the Notice of Violation /Notice of Hearing which is
orated herein as if fully set o
( ✓ The Respondent(s) is/are the owners) of property located within Monroe County and was /were duly noticed of the hearing.
( The Respondent(s) islare 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 Respondents shall comply with the Code(s) referred to in the Notice of Violation /Notice of Hearing on or before
-s aoll1. & _ ( "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) $ /0010 0
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is /are in violation is /are
hereby ORDERED.
( v 4 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 ViolationlNotice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondents) 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
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 udgment 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 _ _x 7W A l !Pr1 l 2024
DocN 2092943 '
eka 2817 Pgn 514 John•G. Van Caning , Special Ma7gistrate
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
►erebycertify that this is true 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 Appraisers 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 wit the Monroe County Property Appraisers Office as referenced
/or Authorized Representative on this day of
Nico �M. tr ick, Liaison MONROE COUNTY
OFFICIAL RECORDS
Page 2
County of Monroe
Code Comoliance Department
2798 nver%eati Highway
Marathon. Florida 13050
Voice- (305) 289 -2810
FAX: (105 ) 2t;9.2858
MARCEL CAPO
1492 AQUEDUCT LANE
KEY LARGO, FL 33037
Board of County Commissioners
Mayor Heather Carruthers, Dist. 3
Mayor Pro Tern George Neugont. Dist. 2
Danny Knlhagc, Dist. I
f David Rice. Diet. 4
Sylvia Murphy, Dist, 5
Subject: Code Case CE 13100185
Property Location: 1492 AQUEDUCT LN , KEY LARGO, FL 33037
Real Estate No.: 00468472006300
Dear Property Owner(s),
Date: September 28, 2016
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 09/23/16,
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 wa 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- Nicolet(Y mogroecouttt_� fl.izov_
f�
Packet Pg. 2693
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 Tem George Neugent, Dist. 2
Danny L. Kolhage, Dist. I
David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
Capo Marcel
1492 Aqueduct Ln
Key Largo FL 33037 -2802
December 7, 2016
FILE Ce
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
j ones -mal lory_@monroecouniy -fl. gov
r
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
KEY 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
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-inallorv(@,monroecounW-fl.gov
BEFORE THE Cif OMPLIANCE SPECIAL MAGISTRATE
I VAN LANINGHAM
II_!_ .__!E COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS )
MARCEL CAPO, )
Respondent(s) )
fit
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 IN
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.
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 day of D[c, n.t6ev , 2016 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No. - 1015 MSS y ()Z U3 035? Oft -? � 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) 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 ".
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 1126/17.
THIS NOTICE WAS POSTED AT:
x_ SUBJECT PROPERTY AS STATED ABOVE
Date: Time: - S
Monroe County Courthouse — 500 Whitehead Street, Key West, Florida
Date:
Time:
Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida
Date:
Time:
Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida
Date: 11 Time: r
Signature; u 4 , ;
Sworn to and subs La- me this bda of r �_� 20 Iz
f,
Y COMMIS� GG 043704 IXP N :r31,2o1 Notary k blic, State of Florida
ow ic U nde mtten
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. - 7
Signature,
Sworn to and subscribed before me this 16�- day of 20�. ,
F N r„ = IMAGUILA
Mr°oMMlsstoN GGOa37o4 Notar�Public, State of Florida
s ~.
EXPOZES:Odober 31,2020
Baled Thm NdM Public Underveftem
CE131C1185
Capo Marcel
1492 Aqueduct LN — Key Largo
Inspector Jones — 1/9/2017,,
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PLANTATION KEY COURTHOUSE
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
VS.
MARCEL CAPO,
Respondent(s)
1i-W-4
A Final Order was enters
remained unpaid for at least 3
that the office of the Monro
Case No.: CE13100185
- - THORIZING FORECLOSURE
after and was thereafter recorded as a lien. The lien has
a the date of the Order. Therefore, it is hereby ORDERED
ttorney may institute foreclosure and/or money judgment
proceedings to recover the am( en plus accrued interest.
DONE AND ORDEF(� S g 210 , at the Marathon
Government Center, Marathon, Florida.
John
Special Magistrate
CERTIFICATE OF ORDER
I hereby certify that this is 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
on this a rl day of a n . , 20 /7.
Nicole M. Petrick, Liaison
Packet Pg. 2699
() Code Enforcement Fines - MCNROE COUNTY ' ""` LIVE'"'*'
File Edrt Actions Details Links Help
GO Q0}w�'T
Case Information
Case Number CE13100185 Ong nation 5-REFERRAL
RE 00468472006300 Eoard SNI - SPECIAL MAGISTRATE
.rddn ss 1492 AQUEDUCT Lv Total Fines 1 -sw 00000
Ordinance Date Ordered Campy By
Fine Start Day Fine Settle Amount Paid Amount G
co
LUJ
N
LU
m
Fne Details
Ordinance Code 2{}-'• 8 !w
Date Ordered 04/28/2016
Fine Start 09/2312016
'dumber of Days 1-5
Current Fine 1-500 00
Settle Amount
;mount Pad 0
0
CL
antrnuous
Cam* BY 09/2112016
Day Fine 100 00400
Suspended Days 0
Complied Date
Settle Date
Date Pad
gPublic.net - Monroe County, FL
gPublic.net Monroe County, FL
Summary
2016
Parcel ID
00468472- 006300
Account#
1573281
Millage Group
SOOK
Location
1492 AQUEDUCT LN , KEY LARGO
Address
$14,571
Legal
BK 2 LT 31 CROSS KEY WATERWAY ESTATES SECTION TWO KEY
Description
LARGO PB6- 60OR478- 196OR586- 799/8000R721- 644155OR723-
$190,091
697/708 (LT -705) OR768- 1013/16 OR615.842Q/C OR1094- 1811D /C
$132,216
OR1094 -1812 OR1127- 1287AFF OR1243 -1568 OR1388 -1801 OR3446-
= Just Market Value
1403 OR1645 -1745 OR2022- 10570/C
$184,609
(Note: Not to be used on legal documents)
Neighborhood
2235
Property Class
MOBILE HOME SUB (0200)
Subdivision
CROSS KEY WATERWAYS EST SEC 2
Sec1Twp/Rng
14/61/39
Affordable
No
Housing
= School Taxable Value
Owner
CAPO MARCEL
1492 AQUEDUCTLN
KEY LARGO FL 33037 -2802
Valuation
a.�.b
Page 1 of 3
573281 -201 0406
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
$159,506
$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 SgFt
12,480
Finished Sq Ft
8,736
Stories
1 Floor
Condition
AVERAGE
InterlorWalls
MASONRY/MIN
ExterlorWalls
METAL/ALUM
Year Built
1990
Effective Year Built
1995
Foundation
CONC BLOCK
Roof Type
GABLE/HIP
Roof Coverage
ROLLEDCOMPOS
Flooring Type
SFT /HDWD
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
N Unit Type Frontage
5,325.00 Square Foot 0
1 • TT\ !A r A T TT\ AA A ! O T . . -T
Depth
0
J'J
i
Packet Pg. 2701
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 HOM ESTEAD
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
511/1971
$23,500
Conversion Code
0.5 -b
Page 2 of 3
Year Built
Roll Year
Quantity
Units
Grade
1989
1990
1
1 UT
1
1989
1990
1
128 SF
2
1989
1990
1
192 SF
2
1989
1990
1
248 SF
5
1989
1990
1
505F
2
1989
1990
1
900 SF
1
1989
1990
1
96 SF
4
1992
1993
1
120 SF
3
2000
2011
1
70SF
1
Amount
$25,000.00
$25,000.00
Instrument Number Deed Book
Deed Page
Sale Qualification
Vacant or Improved
1645
1745
Q - Qualified
Improved
1446
1403
Q - Qualified
Improved
1388
1801
Q- Qualified
Improved
1243
1568
K- Unqualified
Improved
1094
1812
Q- qualified
Vacant
615
842Q
Q- Qualified
Vacant
LU
U
LU
U
0
1.
Sketches
qPublic.net - Monroe County, FL
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
responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County
Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year
may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the
Last Data Upload. 3/17/2017135:31 AM
Page 3 of 3
4-1
Schnsider
Developed by
The Schneider
Corporation
1---. It- , , - - - - .
Department of the Treasury
Notice
CPOtS
f I Internal Revenue Service
Tax Year
2013
IRS Austin, TX 73301 -0025
Notice date
September 12, 2016
To contact us
1 -800- 908 -4490
Your Caller ID
172174
Pagel of 7
9H
204190.693475.478608.4251 1 AT 0.399 559
I' 1 " IIIIIII' tEIIIIIU" I" IIII' IIiII 'Il'III`I11111'
BE MARCEL A CAPO
1492 AQUEDUCT LN
KEY LARGO FL 33037 -2802
204190
Message about your identity theft daim
received We your Form 14039 or - for ••
theft claim
We are firmly committed to working with
victims like you to resolve identity cases.
Identity theft issues are complex and require
complete and thorough research to resolve. It
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
also let you know if we need additional
information or time.
What you need to do
• No further action is needed on your part.
• Continue to file all federal tax returns.
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.
• 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.
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. 2704
1 �
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:
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 C14
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
U)
For your information, the confirmation hearing will take place on October 25, 2016 at
1:30 p.m., however, you do not need to attend the confirmation hearing.
CD
You must take government issued picture identification and your social security
LU
card to the 341 meetiug. Failure to do so, could result in continuance or dismissal of
your case. 0
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 0
current with your plan will most likely result in dismissal of your case. U-
U)
U
Please ontact our office immediately upon receipt of this letter to schedule an
ap t to rq iew 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
Telephone:.305 -442 7443 Facsimile: 305441 -9218
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
902 Ponce De Leon Boulevard, Suite 101, Coral Gables, Florida 33134
Telephone: 305-442-7443 Facsimile: 305- 441 -9218
Packet Pg. 2706
�
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.
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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.
{� 4.5.c
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)
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Windsor- Kathleen
From: Windsor-Kathleen
Sent: Wednesday, September 21, 2016 2:35 PM
To: lmarceicapo127@gmail.com'
Cc: Jones-Mallory, Williams-Steve; McPherson-Cynthia; Link-Diane
Subject: RE: Marcel Capo' 1492 Aqueduct Lane Key Largo, Florida 33037 EXTENSION REQUEST.
Our records indicate that you have owned this property since 2000. As you know, this property was due for connection to
the central sewer system in October 2010. Notices were sent by the Utility to the property owners from 2010 --
201 . 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.
I have reviewed your request for an extension, the case file, and I have watched the recording of the hearing that was
held on April 28, 2016. At the hearing our Assistant County Attorney Mr, Williams was very gracious with giving you an
extended compliance date to allow you to investigate a grant, emphasizing that if you did not qualify for the grant you
were expected to proceed with the connection and have it completed by September 22, 2016.
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.
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To: Jones-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.COM
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 <L one-, 4R!y wrote:
�-Mallory@ MonroeCoun
........................ . ........... __
From: Jones-Mallory
Sent: Wednesday, September 21, 2016 1:31 PM
To: 'FLHOM'
Subject: RE: Marcel Capo' 1492 Aqueduct Lane Key Largo, Florida 33037 EXTENSION REQUE]
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Please provide the date you applied for the grant and the date you were denied the grant. As well as, a
timeline (if any) regarding grant process as a whole. Le., smalls from the contact or phone conversations
etc..
Mallory Jones
Inspector-Wastewater
Monroe County Code Compliance
Marathon Government Center
2798 Overseas Highway Ste. 330
Marathon, FL 33050
P: (305) 289-2540
F: (305) 289-2858
Welasite: www.monroecountv-fI.g-
If you are the smartest person in the room, then 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
media upon request. Your e-mail communication may be subject to public disclosure.
From: FLHOM [mailto:flhom@stores.fastenal.comI
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,
FAS7174K .- "Growth Through Customer Service"
X51 - N
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(c), 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: ^
Ma or Syl a Murphy
ZK
ATTORNEY
March 19, 2014 Code Lien Procedure
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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 M_ ONEY 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