Item O06M
C ounty of f Monroe
ELj » °o
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BOARD OF COUNTY COMMISSIONERS
/� r i � ��
Mayor George Neugent, District 2
The Florida. Ke Se
y
I
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: 0.6
Agenda Item Summary #2921
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Cynthia McPherson (305) 289 -2508
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against JOSEPH D HUDEK III
and the property located at Vacant Lot 5, Jamaica Lane, Ramrod Key, and upon any and all other
real and /or personal property owned by JOSEPH D HUDEK III if necessary, to enforce the lien
arising from code compliance case number CE05050082.
ITEM BACKGROUND: This case is the result of unpermitted land clearing by the property
owner. As a result, a Stop - Work -Order was posted on the property and a hearing was held on
December 1, 2005 and the Special Magistrate found the property owner in violation of:
MMC Sec. 9.5- 111(1) - Building Permit Required. To -wit: A PERMIT IS
REQUIRED FOR CLEARING. PLEASE CONTACT THE COUNTY BIOLOGIST
REGARDING THIS PROPERTY. OBTAIN AN AFTER THE FACT PERMIT;
Additionally, the Special Magistrate imposed a compliance date of January 19, 2006, and ordered a
review hearing with daily fines of $500.00 if compliance was not achieved. A review hearing was
held on May 25, 2006 and the violation remained. Therefore the Special Magistrate imposed the
daily fine of $300.00 to begin accruing immediately. A subsequent review hearing was held on
September 28, 2006 and the violation remained. Therefore the Special Magistrate imposed the lien,
which was recorded in the Official Records on November 17, 2006.
The property owner achieved compliance on April 26, 2007, therefore the daily fine of $300.00
accrued for 336 days for a fine total of $100,800.00. Review hearings were scheduled for every 6
months to ensure 80% survival of plants by the end of three years. A hearing was held on December
3, 2009 and the Special Magistrate imposed the total fine amount of $100,800.00 (plus $100.00
costs) as a lien and the lien was recorded in the Official Records on December 21, 2009.
All attempts by staff to resolve the lien, and all reduction offers made by staff have been rejected and
the lien remains. On July 13, 2016 a Notice of Motion to Authorize Foreclosure and/or money
judgment /Notice of Hearing for hearing scheduled August 25, 2016. On August 23, 2016 staff
offered the maximum reduction allowed. The hearing was held on August 25, 2016 and the property
owner appeared with counsel. The Special Magistrate imposed an Order Authorizing Foreclosure.
As of April 24, 2017 the lien remains unsatisfied. The current amount of the lien is $101,238.52
($100,800.00 fines and $438.52 costs). Costs will continue to accrue until the lien is satisfied and
the case is closed.
RELEVANT INFORMATION
As of April 24, 2017 JOSEPH D HUDEK III owns no other properties in Monroe County, and no
other open code cases or other outstanding Monroe County code liens where found.
The property is not homesteaded and there are no pending foreclosure actions at this time.
Under the policy adopted in Resolution 057 -2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, 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: Authorize staff to initiate litigation against JOSEPH D HUDEK
III and the property located at Vacant Lot 5, Jamaica Lane, Ramrod Key, and upon any and all other
real and /or personal property owned by JOSEPH D HUDEK III if necessary, to enforce the lien
arising from code compliance case number CE05050082.
DOCUMENTATION:
CASE DETAIL HUDEK CE05050082
SUPPORT DOCS AIS MAY 17 2017 HUDEK CE05050082 (MinuteTraq)
057 -2014 Resolution Collections Letter -Non Compliant
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: 2500.00
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:
05/17/17 148 -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 8:16 AM
Kathy Peters
Completed
Board of County Commissioners
Pending
04/24/2017 3:36 PM
04/26/2017 8:45 AM
04/26/2017 10:09 AM
Completed
05/02/2017 5:14 PM
05/17/2017 9:00 AM
i ffff-
Case Number
CE05050082
Tenant
GOULDY AND JANIS VASARIS
2005-08-08 13:34:51
Case Date
05-05-2005
Add Info
04-24-2017
7004 1160 0005 7093 8140
Origination
5 - REFERRAL
Status
PERMIT APPLIED FOR 1-27-2006. NOT YET
L - LIEN CREATED
Operator
takern
Officer
COMMENT CODE
KW
PROPERTY
ON CASE
ACTION BY LIAISON
THE PERMIT.
RE
00204160000000
Owner
HUBER JOSEPH IS III
Property Address
VACANT LOT 5 JAMAICA LANE
Owner Address
4107 W EMPEDRADO ST
City/State/Zip
— �ROD �KEY FL
City/State/Zip
TAMPA FL 33629-6707
Phone
SMUMUE"WUMUMM
ORIGINAL INSPECTOR - LAURA BORSO
CASE COMPLIANT 4-26-2007
LTA
2005-08-03 09.49:39
MAY 5, 2005=====REFERRAL FROM RALPH
GOULDY AND JANIS VASARIS
2005-08-08 13:34:51
CHECK OF CLERK OF COURTS SHOWS THAT THE
CASE HEARD BEFORE BOCC
LOT NEXT TO THIS HAS BEEN SOLD (BK 11 LT
04-24-2017
4). THIS ONE IS STILL SHOWING NUDES AS
ACTION BY SIR CC RES ANALYST
OWNER.
2006-03-29 08:13:24
PERMIT APPLIED FOR 1-27-2006. NOT YET
ISSUED. IN READY DRAWER AT STOCK ISLAND
08-26-2016
BUILDING DEPT.ON 3-20-2006, SPOKE WITH
COMMENT CODE
ELBA IN SI AND WAS TOLD THAT MR. HUDEK
08-25-2016
HAS BEEN CALLED AND HAS YET TO PICK UP
ACTION BY LIAISON
THE PERMIT.
2016-08-25 09
NOTICE OF APPEARANCE FILED ON 08/25/16 BY:
PATRICK M. STEVENS, ESQ.
LAW OFFICES OF PATRICK M. STEVENS, P.A.
5701 OVERSEAS HWY. SUITE I
MARATHON, FL 33050
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6909 onroe County eGovPLUS
Downtime Notice: System will be down for
maintenance from May 30, 2017 after 5 pm
h
ru June 1. 2017. We ar)otoeize for the
05-17-2017
09:18:43
CASE HEARD BEFORE BOCC
SCHEDULED
04-24-2017
09:17:51
ACTION BY SIR CC RES ANALYST
PREPARED AND SUBMITTED AIS FOR BOCC
5-17-2017 FOR:
08-26-2016
11-44:42
COMMENT CODE
ORIGINAL FILE IN COMPLIANT DRAWER.
08-25-2016
15:56:44
ACTION BY LIAISON
PASSED FILE TO NICOLE FOR ORDER
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6909 onroe County eGovPLUS
Downtime Notice: System will be down for
maintenance from May 30, 2017 after 5 pm
h
ru June 1. 2017. We ar)otoeize for the
Code Entbrcement Detail
08-25-2016 15:54:49 INSPECTORS HEARING NOTES
08-25-2016 14:13:37 SET FOR HEARING
08-25-2016 11:45:15 ACTION BY LIAISON
08-25-2016 09:43:11 SM GRANTED MOTION TO PROCEED
08-25-2016 09:41:07 COMMENT CODE
08-23-2016 15:56:05 MITIGATION OF FINES OFFER
08-22-2016 15:16:20 PAYMENT RECEIVED
08-17-2016 15:31:06 ACTION BY LIAISON
08-11-2016 15:17:25 COMMENT CODE
07-25-2016 15:57:25 SENT TO LIAISON
07-22-2016 15:56:18 GOOD SERVICE ON CERT MAIL IT
07-13-2016 12:01:08 ACTION BY ADMIN
07-09-2016 15:46:45 COMMENT CODE
07-08-2016 12:30:43 MOTION BY COUNTY TO PROCEED
07-08-2016 1213:15 ACTION BY SR CC RES ANALYST
07-08-2016 10:47:19 COMMENT CODE
07-08-2016 10:27*34 COMMENT CODE
09-22-2015 16:40:11 COMMENT CODE
COPY OF RECEIPT EMAILED TO MS. HUDEK BY
LIAISON.
LIAISON EMAILED SCANNED COPIES OF CODE
CASE FILE TO MS. HUDEK VIA EMAIL WITH
AMOUNT DUE OF $12.00 FOR RECORDS
PROCESSING.
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Code Enforcement Detail
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ORIGINAL FILE IN COMPLIANT DRAWER
ALL REDUCTION OFFERS WERE REJECTED BY
PO.
LIEN AMOUNT REVERTS TO FULL AMOUNT.
02-12-2010
EVAILED NANCY FOR INSPECTION,
REMINDER NOTICE OF ORD SENT
PERMIT 061-0679 15 CLOSED BUT AERIAL
12-07-2013 14:18:35 COMMENT CODE
APPEARS THAT
PROPERTY BEING USED FOR STORAGE OF
SOMETHING.
12-07-2013 14:06:19 REFERRAL TO MC BIOLOGIST
VOID EVENT
06-09-2011 09:26:08 COMMENT CODE
NO RESPONSE FROM PO, LEFT MESS ON WA
06-01-2011 11:05:38 SENT FILE TO COUNTY ATTY
ORIGINAL FILE IN MARATHON CA OFFICE
12-21-2009
FILED BY MONTH OF LIEN. DEC-2009
LIEN ORDER RECORDED MCCO
EMAILED RD W1 REDUCTION TO 13,200.00 W/
05-31-2011 13:01:44 MITIGATION OF FINES OFFER
A PROMPT PAYMENT DISCOUNT, IF PAID IN 45
DAYS COUNTY WILL ACCEPT 10,000.00.
12-19-2009
COSTS ARE 100.00 TO DATE.
03-30-2011 13:02:26 MITIGATION OF FINES OFFER
EMAILED PO W/ REDUCTION OFFER 25,300.00
GOOD FOR 30 DAYS.
PC FROM PO. AGREED TO REVIEW CASE AND
03-232011 15:46:03 COMMENT CODE
DATES, WILL EMAIL, SPOKE TO LISA, OKAY
25%.
12-03-2009
MAILED 30 DAY FINES AND COSTS DUE LTR:
SM OR CEB ORDER
FINE(S) OF $300.00 PER DAY RAN FOR 336
03-21-2011 13:00:14 LETTER NON- PAYMENT /COMPLIANCE
DAYS FOR A TOTAL OF $100,800.00. THE
COSTS TO DATE TOTAL $100.00.
THEREFORE THE CURRENT AMOUNT OF THE
MONROE COUNTY LIEN IS $100,900.00.
FINAL REVIEW ON 04129/10 CASE HAS BEEN
04-29-2010 10:25:31 COMMENT CODE
OPEN FOR 3 YEARS.
11-25-2009
LIEN ORDERS WERE RECORDED ON 11117106 Et
REINSPECTION FOR HEARING
12/21/09.
CODE CASE IS COMPLIANT OF CODE
VIOLATION
04-19-2010 16:08:28 REINSPECTION FOR HEARING
ND
REINPSECTED FOR HEARING FINAL STATUS FOR
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HEARING. DONE BY BIO JANIS VASERIS. ND
REMINDER NOTICE OF HEARING FOR 04/29/10
02-12-2010
13:51:24
REMINDER NOTICE OF ORD SENT
MAILED TO RD BY LIAISON. THIS WILL
BE THE FINAL REVIEW HEARING IT HAS BEEN
OPEN FOR 3 YEARS.
SM FINAL ORDER FROM 12/3/09 REVIEW
12-21-2009
12:55:07
LIEN ORDER RECORDED MCCO
HEARING RECORDED IN MCCO DOC 1771362
BOOK 2445 PAGE 1368
12-19-2009
11:04
ORDER SENT TO MCCO FOR DEC
SM FINAL ORDER FOR FINES /COSTS,
AUTHORIZING RECORDING OF LIEN AND
12-03-2009
11:02:46
SM OR CEB ORDER
FINDING THE RESPONDENT IN COMPLIANCE.
FINES IN THE AMOUNT OF $100,800.00 DUE
AND COSTS IN THE AMOUNT OF $100.00 DUE
WITH A TOTAL OF $100,900.00 DUE.
11-25-2009
14:0912
REINSPECTION FOR HEARING
CASE COMPLIANT OF CODE VIOLATION
9.5-111111.
REMINDER NOTICE OF HEARING SET FOR
07-07-2009
15:49:48
REMINDER NOTICE OF HRG SENT
12/03/09 MAILED VIA FIRST CLASS MAIL
BY LIAISON.
06-25-2009
13:26:04
CASE CONTINUED NO ACTION
CONTINUED FOR REVIEW HEARING SET FOR
12/03/09.
06-18-2009
14:55:53
REINSPECTION FOR HEARING
COMPLIANT OF CODE VIOLATION
9.5-111(1)
12-04-2008
21:53:58
CASE CONTINUED NO ACTION
CONT TO 06125/09 FOR STATUS REVIEW.
12-04-2008
12:51:26
CASE CONTINUED NO ACTION
DUPLICATE ENTRY
12-04-2008
12:41:41
COMMENT CODE
11-26-2008
10:16:33
REINSPECTION FOR HEARING
0529-2008
08:54:39
CASE CONTINUED NO ACTION
CONTINUED FOR REVIEW TO 12/04/08
11-29-2007
21:07:29
CASE CONTINUED NO ACTION
CONTINUED TO 05/29/08 FOR STATUS
11-21-2007
21:53:06
REINSPECTION FOR HEARING
05-31-2007
22:36:02
CASE CONTINUED NO ACTION
CONTINUED TO NOVEMBER 29TH 2007 FOR
STATUS
05-29-2007
11:43:50
COMMENT CODE
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Code Enforcement Detail
SPOKE WITH RALPH. HE DID GO TO THE
PROPERTY IN JULY. SAID THAT ONLY 20
BUTTONWOODS HAD BEEN PLANTED PER THE
ATF PERMIT BUT THERE WERE NO BLACKBEADS
WHICH WERE ALSO REQUIRED. ALSO THE SIZE
OF THE REQUIRED BUTTONWOODS WERE NOT IN
COMPLIANCE WITH THE ATF. I COPIED THE
RECEIPT THAT RALPH HAD RECEIVED FROM
MRS. HUDEK SHOWING PURCHASE OF 20
BUTTONWOODS.
RECD FAX OF RECEIPT FROM MRS. HUDEK.
SAME ONE THAT WAS GIVEN TO RALPH, ALSO
SHOWING JUST THE BUTTONWOODS. RALPH
SAID
THAT WHEN HE WENT TO THE PROPERTY IN
09 -22 -2006 12:41:14 REFERRAL TO MC BIOLOGIST JULY, HE ASKED MR. HUDEK WHERE THE
BLACKBEADS WERE AND HE TOLD RALPH THAT
"THEY COULDN'T FIND ANY". ALSO SHOWED
RALPH PLANTS THAT THEY HAD PUT ROCKS
AROUND AND SAID THAT THEY HAD REPLANTED
THEM. RALPH SAID THAT THOSE TREES WHERE
ALREADY ESABLISHED ON THE LOT. ASKED
THAT RALPH GO BACK TO THE PROPERTY
TODAY AND SEND ME A MEMO OF HIS
FINDINGS
09 -21 -2006 10:25 :53 COMMENT CODE SPOKE WITH MRS. HUDEK IN THE AFTERNOON
SEE NOTES
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IN COMPLIANCE 9.5- 111(1)
COMPLIANCE DATE WAS: 04/26107
ACTUAL DATE OF COMPLIANCE IS 4 -26 -07
05 -24 -2007 08:57:40 REINSPECTION FOR HEARING
MUST REMAIN OPEN FOR MONITORING FOR
3 YEARS
RECD E-MAIL FROM JANIS (BID) THAT HE
AND MR. HUDEK WENT TO THE SITE AND HE
05 -04 -2007 10 :09 :30 COMMENT CODE
HAS CONFIRMED THAT THE PLANTING IS IN
FACT COMPLETED. THE SITE VISIT WAS
COMPLETED ON 4- 26.2007.
PROPERTY OWNER IS TO GET WITH BID DEPT
TO WORK OUT DISCREPANCY OR MISUNDER-
STANDING OF PLANTING/ RESTORATION AGRMT.
04 -26 -2007 15:27:50 CASE CONTINUED NO ACTION
IF HE DOES NOT AGREE WITH THE BID DEPT,
HE WILL NEED TO HIRE HIS OWN BIOLOGIST
IF ALL PLANTING HAS TAKEN PLACE AND BIO
AGREES WITH PLANTING, THE CASE WILL BE
SET FOR SIX MONTH REVIEW AT MAY HEARING
04- 26.2007 08 :54:17 REINSPECTION FOR HEARING
MUST REMAIN OPEN TO MONITOR PLANT
SURVIVAL FOR 3 YEARS
MOTION TO AUTHORIZE COLLECTION
03 -13 -2007 12:40:38 COMMENT CODE
PROCEEDINGS AND NOTICE OF HEARING FOR
04/26/07.
11.17 -2006 12:57:37 LIEN ORDER RECORDED MCCO
ORDER IMPOSING PENALTY /LIEN RECORDED
DOC 1613593 BK 2253 PAGES 94-95.
11 -16 -2006 12:35:29 ORDER SENT TO MCCO FOR REC
10- 02-2006 15 :31 :13 COMMENT CODE
FINE CHANGED 9.5- 111(1)
START DATE: 05/25/06 FINE T: 300.00
10 -02 -2006 15:30:34 COMMENT CODE
09.28 -2006 14:29 :38 LIEN ORDER RECORDED MCCO
LIEN IMPOSED
SPOKE WITH RALPH. HE DID GO TO THE
PROPERTY IN JULY. SAID THAT ONLY 20
BUTTONWOODS HAD BEEN PLANTED PER THE
ATF PERMIT BUT THERE WERE NO BLACKBEADS
WHICH WERE ALSO REQUIRED. ALSO THE SIZE
OF THE REQUIRED BUTTONWOODS WERE NOT IN
COMPLIANCE WITH THE ATF. I COPIED THE
RECEIPT THAT RALPH HAD RECEIVED FROM
MRS. HUDEK SHOWING PURCHASE OF 20
BUTTONWOODS.
RECD FAX OF RECEIPT FROM MRS. HUDEK.
SAME ONE THAT WAS GIVEN TO RALPH, ALSO
SHOWING JUST THE BUTTONWOODS. RALPH
SAID
THAT WHEN HE WENT TO THE PROPERTY IN
09 -22 -2006 12:41:14 REFERRAL TO MC BIOLOGIST JULY, HE ASKED MR. HUDEK WHERE THE
BLACKBEADS WERE AND HE TOLD RALPH THAT
"THEY COULDN'T FIND ANY". ALSO SHOWED
RALPH PLANTS THAT THEY HAD PUT ROCKS
AROUND AND SAID THAT THEY HAD REPLANTED
THEM. RALPH SAID THAT THOSE TREES WHERE
ALREADY ESABLISHED ON THE LOT. ASKED
THAT RALPH GO BACK TO THE PROPERTY
TODAY AND SEND ME A MEMO OF HIS
FINDINGS
09 -21 -2006 10:25 :53 COMMENT CODE SPOKE WITH MRS. HUDEK IN THE AFTERNOON
SEE NOTES
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Uode Entorcement Detail
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I HAVE ATTEMPTED 3 TIMES TO REACH
MR. HUDEK TO LET HIM KNOW THAT HIS
REQUEST IS BEING FORWARDED TO SM AND
09-20-2006 12:35:48 COMMENT CODE
THERE HAS BEEN NO CONTACT. A LETTER
WILL
BE FAXED TO HIM TELLING HIM THAT THE
DECISION WILL BE MADE BY THE SM. LB
RECD REQUEST FOR CONTINUANCE.
09-20-2006 12:34.39 COMMENT CODE
DISCUSSED
WITH NANCY, RONDA AND KAREN, WILL SEND
CONTINUANCE TO OVERBY
09-08-2006 11:12:07 REINSPECTION
SITE VISIT - PHOTOS TAKEN
06-02-2006 11 COMMENT CODE
ADDED FINE ON 9.5-111 (1)
START DATE: 05/25/06 FINE AMT: 300.00
05-25-2006 10:45:59 XXXIMPOSITION OF PENALTY
FINE IMPOSED AND COSTS BEGINNING 05/25
/06
SITE VISIT - PHOTO TAKEN
05-18-2006 15:51:06 REINSPECTION FOR HEARING
OWNER HAS CLEARED LOT EXCEPT FOR A FEW
TREES. PERMIT WAS ATF FOR LAND CLEAR.
DOES NOT INCLUDE FURTHER CLEARING,
03-30-2006 15:48:46 CASE CONTINUED NO ACTION
CONTINUED TO 05/25/06
RECD E-MAIL FROM R. GOULDY. ATE PERMIT
03-28-2006 14:41:59 COMMENT CODE
READY AT STOCK ISLAND BUILD, AS OF 3-20.
NOT PICKED UP YET.
03-23-2006 09:16:49 REINSPECTION FOR HEARING
NO PERMIT
RECD E-MAIL FROM RALPH GOULDY
03-01-2006 15:16:46 COMMENT CODE
CONFIRMATION OF 20 BUTTONWOODS, AND NO
BLACKBEADS OR OTHER NATIVES TO SATISFY
THE REPLANT.
01-26-2006 08:55:50 CASE CONTINUED NO ACTION
CONTINUED TO 03/30/06
SPOKE WITH MR. HUDEK, SAID HE HAS TRIED
10 TIMES TO TALK TO R. GOULDY AND HAS
ONLY SPOKEN TO HIM ONCE. ALL OTHER
TIMES
HIS MESSAGES WERE NOT RETURNED. RALPH
TOLD HIM TO "NOT WORRY ABOUT IT" THAT
IT
WASN'T "A BIG DEAL". I HAVE NOT RECD
01-24-2006 12:43:04 COMM ENT CODE
ANY CALL BACKS OR RESPONSE TO MY E-MAIL
OF JANUARY 19TH REGARDING THIS CASE.
ALSO SPOKE WITH TANIS WHO SAID THAT
RALPH WAS TO CALL MR. HUDEK TODAY.
KAREN BASS TALKED TO DIRECTOR NORMAN
AND
RECD A CONTINUENCE FOR MR. HUDEK UNTIL
MARCH 30TH.
01-19-2006 15:44:48 REINSPECTION FOR HEARING
NO PERMIT
FOUND IN VIOLATION $100 ARMIN COSTS
12-01-2005 16.16:56 XXXFINDING OF FACT
IMPOSED $300 A DAY COMPLIANCE 01/19/06
HEARING 01 /26/06
11-23-2005 12:53:03 REINSPECTION FOR HEARING
NO PERMIT FOR CLEAR
SENT COPIES OF E-MAILS AGAIN TO YANIS
11-22-2005 12:36:50 REFERRAL TO MC BIOLOGIST
FOR VERIFICATION THAT THE CORRECT LOT
WAS SITED. LB
SENT A COPY OF THE ORIGINAL E-MAIL FROM
RALPH GOULDY AND JANIS VASARIS BACK TO
THEM AS WELL AS THE E-MAIL REQUEST 1
11-16-2005 12:47:55 REFERRAL TO MC BIOLOGIST
SENT DATED SEPTEMBER 26 AND AGAIN ON
OCT 11 TO VERIFY THE LOT ON WHICH THE
CLEARING OCCURED. THE OWNER IS SAYING
THAT IT 15 NOT HIS LOT THAT THE TREES
WERE TAKEN FROM.
11-01-2005 16:53:24 SENT TO LIAISON
RESCHEDULED TO 12/01 /05
10-20-2005 15:51:14 REINSPECTION
PRE-HEARING INSP SCHED PETRICKN
09-26-2005 17:08:15 COMMENT CODE
E-MAILED JANIS TO CLARIFY ACTUAL LOT
09-26-2005 12:52:38 DO NOT USE - CERT ON HEARING
SERVICE GOOD
09-26-2005 12:38:06 COMMENT CODE
SPOKE WITH MR. HUDEK, SAID HE WAS AT
THE
LOT AT THE BEGINNING OF THE YEAR AND
CUT A PATH WITH A MACHETE SO THEY
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Code Entorcement Detail
09-01-2005
16:29:44
SENT TO LIAISON
08-31-2005
13:13:17
SENT TO DIRECTOR FOR REVIEW
08-04-2005
09:47:48
REINSPECTION
05-18-2005
14:3930
FILE RETURNED TO INSPECTOR
05-18-2005
14:39:16
XXXNOV CERTIFIED RETURNED
05-11-2005
08:2939
NOTICE OF VIOLATION/ HEARING
05-06-2005
15:03:46
MAKE VIOLATION
05-05-2005
15:05:57
STOP WORK ORDER
05-05-2005
11:59:07
INITIAL INSPECTION TYPE
05-05-2005
11:59:02
CREATE A CASE
Pad
Your privacy is important to us, for more information see our o tyAgy
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PLAINTIFF'S
EXHIBIT
a
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BEFORE THE CODE Er — f ACF DENT SPECIAL MAGISTRATE
J. J1 RSL_ : OVERRY
MONR! _ _'OUNTY, FLORIDA
MONL'_ PE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE05050082
VS.
JOSEPH D. HUDEK, III
Respondent(s).
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
T11IS CAUSE having come before the Code Enforcement Special Magistrate for a public
hearing on December Il 2005 and the Special Magistrate, having reviewed the evidence, heard
testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the
premises, makes the following findings of fact, conclusions of law and order as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is /are the owners of record of property located at
VACANT LOT #5, JAMAICA LANE, RAMROD KEY, MONROE COUNTY,
FLOT _F0 _ _ . ! 1204160 - 000044)
2. That the Respondent(s) was /were duly noticed of this hearing; and
3. That the above -named property is in violation of the Monroe County Code as more
particularly described in Exhibit "A ", which is attached hereto and incorporated herein.
Therefore it is
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ORDERED AND ADJUDGED that:
A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to
comply with the provisions of said codes by January 10 2006. A compliance 1
review hearing will be held on January 2e 2006.
B. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall
re- inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the above date will result in the imposition of a fine, $500.00
(FM A ° p POOL ARS) per day, for each day thereafter that Respondent(s)
is /are
D. Pursu Statutes Section 162.07, a fine in the amount of $100.00 (ONE
HUN11 _ --1 _ _ _ - -_RS) has been levied for the administrative recovery for
prosecution and investigation.
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a fine may be recorded in the public records and shall thereafter constitute a lien against
property owned by the violator(s).
F. You have the right to appeal this order to the Circuit Court of Monroe County. If you
wish to appeal, you must do so no later than thirty (30) days from the date of this Order.
Failure to timely file a written Notice of Appeal will waive your right to appeal.
DONE AND ORDERED at the Marathon Government Regional Center, Marathon, Florida,
this A4a December, 2005.
i
J. Je e r/6
- - Code Enforcement Sp ial Magistrate
d OE
[FY that on this day before me, an officer duly qualified to take
pally appeared J. JEFFERSON O VERBY, personally known to me,
ing and acknowledged before me that he executed the same.
I and official seal in the County and State last aforesaid this day of
( � - Karen L Bess
� My CornrnfiWon W333077 Notary Pu is
pi t o Expires June 28. 2008
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E EMIT 66A99
VIOLAT11 -6
COUNT 1. Pursuant to Monroe County Code § 9.5- 111(1)— A building permit is required
prior to the following: (1)Any work specified in chapter 6.0; An after the fact permit is required
for land clear.
C I ' TECTI4!!N S
C@ _ _ . _ 1. Please contact the Monroe County Building Department and the Monroe County
Biologist and obtain an after the fact permit for the land clear.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Lipper Keys (305)552 -7135
Middle Keys (305)289 -2556
Lower Keys (305)292 -4495
I HEREBY CERTIFY that a true and correct copy of the abo77Y n furnished to the
Respondent(s) by snail at 4107 Empedrado, Tampa, FL 33629, this of December,
2005.
Code Enf rcement Liaison
Karen L. Abass
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Please make check or money order payable to Monroe County Code Enforcement and mail to 2798
Overseas Highway, Suite 330, Marathon, FL 33050.
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF n 0 NE COUNTY, FLORIDA
MONROE COUNTY, FL% - - --
Petitioner,
VS. CASE NO. CE05050082
JOSEPH D. HUDEK, III
Respondent(s).
ORDER IMPOSING PENALTY
THIS CAUSE having come on for public hearing before the Special Magistrate on
December 1" 2005, after due notice to the Respondent(s), at which time the Special
Magistrate heard testimony under oath, received evidence, and issued his Order finding
the Respondent(s) in violation of Monroe County Code Section(s): §9.5- 111(1).
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by January 19 2006, and further, that failure to correct the violation(s) by the
compliance date may result in a fine, per day, being imposed for each day thereafter that
there is noncompliance. At the meeting of the Special Magistrate held on May 25 2006,
Inspector Borso testified that the violation(s) had not yet been corrected by payment of
the fine.
` t ', the Special Magistrate finding that the violation(s) had not
bee sly ordered, it is hereby:
he Respondent(s) pay to Monroe County, Florida, a fine in the
am w lEE HUNDRED DOLLARS), per day, beginning May 25
20( l every day thereafter that the violation(s) exist(s) and/or
cor cant to Florida Statutes Section 162.07, a fine in the amount of
$1( 1 1 ! ` D DOLLARS) is hereby levied for the administrative recovery
for lgation.
TEI EMST(S) ON THE FOLLOWING DESCRIBED
PR T 5, BREEZESWEPT BEACH ESTATES, a/k/a VACANT
LC IINE, RAMROD KEY, MIS . ..... _ _ _ _ PUNTY, FLORIDA
(R] - -- 11 - - - -,
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the
Courts for Monroe County, Florida.
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That upon complying, the Respondent(s) shall notify the Code Inspector in this
case, who shall reinspect the property and notify the Special Magistrate of compliance.
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DONE AND ORDERED this ; day of Jame, 2006, at the Monroe County
Government Regional Center, Marathon, Florida.
BY
STATE OF FLORIIDA
COUNTY OF M ONROE
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared J. Jefferson Overby, personally known to me, who executed the foregoing and
acknoygedged before me that he executed the same.
' my hand and o ial seal in the County and State last aforesaid this
' day of /June 2006.,''
Karen L. Bass
All k �� !� _ '/ y ' MY Commission D0333077
Nntary Pi ihliu- ExpWes June 28.2008
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnis the Respondent(s) via first class mail
at 4107 Empedrado, Tampa, FL 33629, this �ay of June, 6. ;
Karen L. Ea",
Code Enfor4ement Liaison
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Doc 1613593 11/17/2006 3:26PM DocN 1613593
Filed & Recorded in Official Records of 6kV 2253 P9N 94
MONROE COUNTY DANNY L. KOLHAGE
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS. CASE NO. CE05050082
JOSEPH D. HUDEK, III
Respondent(s).
ORDER IMPOSING PENALTY /LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
December 1 2005, after due notice to the Respondent(s), at which time the Special
Magistrate heard testimony under oath, received evidence, and issued his Order finding
the Respondent(s) in violation of Monroe County Code Section(s): §9.5- 111(1).
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by January 19' 2006, and further, that failure to correct the violation(s) by the
compliance date may result in a fine $300.00 ,( THREE HUNDRED DOLLARS) per
day, being imposed for each day thereafter that there is noncompliance. At the meeting of
the Special Magistrate held on September 2e 2006, Inspector Borso testified that the
following violation(s) had not yet been corrected: §9.5- 111(1).
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $300.00 ( THREE HUNDRED DOLLARS), per day, beginning May 25
2006, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount of
$100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery
for prosecution and investigation.
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WHICH THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S).
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED
PROPERTY: BK 11, LT 5 BREEZESWEPT BEACH ESTATES, A/K/A VACANT
LOT 5, JAMAICA LANE, RAMROD KEY, MONROE COUNTY, FLORIDA
(RE:00204160- 000000)
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DocN 1613593
BkN 2253 PgN 95
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the
Courts for Monroe County, Florida.
That upon complying, the Respondent(s) shall notify the Code Inspector in this co
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case, who shall reinspect the property and notify the Special Magistrate of compliance.
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DONE AND ORDERED this t day of October, 2006, at the Monroe W
County Government Regional Center, arathon, Florida. L)
A d4
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared J. Jefferson Overby, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
C IA - NESS my hand and official seal in the County and State last aforesaid this
—rte-- - - _
� "'�y. NN � o03
d � E °s JW►e 26.2005
Nota6
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been fu by U.S. Mail, to the Respondent(s) at
4107 Empedrado, Tampa, FL 33629, this October 2006.
Karen K. Bass,
Code Enforcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
MONROE COUNTY FLORIDA,
Petitioner,
BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
Case No. CE
Respondent(s).
Sub act Properly Real to Nu
l�al�n
Docp 1771382 12/21/2009 9:23AM
Filed 6 Recorded in Official Records c
MONROE COUNTY DANNY L. KOLHAGE
Deep 1771362
BkO 2445 PgR 1368
FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspector(3) and/or witnesses under oath, the following
Findings of Fad and Conclusions of law are ORDERED:
The Respondents) and/or Authorized Representativ e werefwere not
present and didldid not contest the violation(s) set forth in the Notice of YolatiordNotice of Hearing which Is incorporated herein as 'd fully set forth.
( ) The Respondent(s) Isfam the owners) of property located within Monroe County and wasiwe i duty noticed of the hearing. The Respondent(s) is/are in violation of
the Monroe County Code(s) as fully set forth in the Notice of VloletionlNotice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an
amount to be detemxined at the candusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and Investigating this matter. Casts
will continue to accrue until compliance is achieved and case is dosed. Furthermore, the Respondent(s) shall comply with those Code(s) referred to in the Notice of
Yiolaton/Notice of Hearing on or before ('THE COMPLIANCE DATE').
( ) In the event the violation(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH
HEREIN, fine(s) in the amount of:
$
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondents) isiare in violation Islare hereby ORDERED
( ) a one curie fine of $ is ORDERED, and the condition causing the violadon(s) is found to present a threat to the
public health, safety and walking. It is further ordered, dust the County is hereby authorized to make all reasonable repairs which are required to bring the property Into
compliance and charge Ora respamtent(s) with cost of repairs Including administrative recovery of the cuts of prosecuting and Investigating this matter.
( ) The Respondem(s) Islam ordered to attend a compliancefraview hearing to be held on . 20_
IT IS THE RESPONDENTr3) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY )S COMPLIANT BY CALLING
CODE ENFORCEMENT AT 13051451MM FOR THE UPPER KEYS: (3951289.2810 FOR THE MIDDLE KEYS: 130512924495 FOR THE LOWER KEYS
In the event of nonpayment of fines and costs Imposed on Respondent(s), a cwUbd copy of this Order may be recorded In the public records and shall
thereafter constitute a lion against the laced an which the violation or violations exist and upon any other real or personal property owned by the violator.
The County may Institute foreclosure proceedings N the lion remains unpaid for three months. Plena make checks payable to Monroe County Code
Enforcement and mall to: Monroe County Code Enforcement Attn: Office of the Uaistm, 2798 Overseas Hwy., Sub 330, Marathon, FT. 33050.
(A Respondent(s) were in violation of the MONROE COUNTY Cate(s) as fully set forth in the Notice of ViolationlNotice of Hearing fled In this case and did rat
comer co�Ipli n on�y[ before THE COMPLIANCE DATE but axe now in compliance. The Respondent(s) shall pay the total amount of cot and/or Ones
($ 1 L i _ W 1 to Monroe County Code Enforcement within thirty (30) days of this Order.
DATED this day of .20
LARRY J. SARTy , agtsttate
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 Respondenli 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 VAL BE LIMTITED TO APPELLATE REVIEW OF THE RECORD CREATED
BEFORE THE SPECIAL MAGISTRATE ANY APPEAL MUST BE F ILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER.
I hereby certify that this is a true corned of the above Order and that a true and correct copy has been furnished to the R ndent(s) and/or Authorized
Representat ve d i e U.S. I to address of retard with the Monroe County Property Appraiser's Office on this JA day of
,2D
MONROE COUNTY hick
OFFICIAL RECORDS en x SH
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MONROE COUNTY BUILDING DEPARTMENT
' 'BUit'DING PERMIT
Date Applied: Prepared by: Date Issued: Permit No.:
Permit Type: 01/27/2006 ramireze 03/30/2006 06100679
T tl *m A7 WAMIrW!!
Section
Twnshp
Range
Re #
Resub t
Resub 2
Mile Marker
32
66
29
0020416000
000
027
Property Address
Land Use District
Reviewed by
BK 11 LT 5 BREEZESWEPT BEACH ESTATES RAMROD K-
Subdivision Name
Legal Address
I
K 11 LT 5 BREEZESWEPT BEACI
Owner's Name / Address / Telephone
General Contractor
HUDEK JOSEPH D III
j 4107 EMPEDRADO
TAMPA FL 33629
i 8138579442
HUDEK JOSEPH D III
4107 EMPEDRADO
TAMPA, FL 33629
Sub Contractor
SEE ATTACHED PAGE FOR SUBCONTRACTORS
Construction
BFE
FFE
FLZ
Approved Water Source
Flood Map Panel NO.
Flood Elevation Requirement
# Units
Sq. Ft.
Valuation
Improvements
RES
0
0500.RES?DENT
AL
Schedule of Fees
FEE DESCRIPTION FEE A14T AXT PAID
EDUCATION E INSP WEE 7.00 2.00
INCO14H FROM PERMITS 500.00 500.00
FEE TOTALS 502.00 502.61
BK 11 b.T 5 BREEZEBWEPT EEAC3, JAMICA LN, RA14ROD
AFTER-THE-FACT LAND CLEAR
u" NOTICE OF COMVIENCWtENT NOT REQUIRED"
AFTER -THE -FACT LAND CLEAR
a" MORE INFORKATION TO FRIXr ADDITIONAL PAGE REQ'D
BALANCE DUE
10.00
9.69
.00
PLEASE READ THE REVERSE OF THIS DOCUMENT BEFOREYOU SIGN.AS OWNER, CONTRACTOR OR AUTHORIZED AGENT.
7
SIGNATURE J OF OWNER, CONTRACTOR OR BUILDING DEPARTMENT
AUTHORIZED AGENT INSPECTORS
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Permit #: 06100679 01/27/2006
Permit Type: LAND CLEARING
Address: BK 11 LT 5 BREEZESWEPT BEACH ESTATES RAMROD K
Owner: HUDEK JOSEPH D III
BK 11 LT 5 BREEZESWEPT BEACH, JAMICA IN, RAMROD
AFTER-THE-FACT LAND CLEAR
** NOTICE OF COMMENCEMENT NOT REQUIRED**.
AFTER-THE-FACT LAND CLEAR
SEE BIO COMMENTS FOR ADDITIONAL CONDITIONS TO
THIS PERMIT.
INSPECTIONS REQUIRED TO CLOSE THIS PERMIT AND
SATISIFY THIS CASE.
BIOLOGIST MUST SIGN OFF.
DEEMED NON-DEVELOPMENT
DCA EXEMPT
SUBCONTRACTORS
BUSINESS NAME
1!20"0010 4:31IRWO1901UP
BIO 01/31/2006 gouldyr P
ABO 03/16/2006 tuckerm P
S.I.-BLDG. 03/16/2006 ramireze L
MAR-BLDG 03/30/2006 antetomj L
6 a-Due
STATE/COUNTY CERT #
Biologist Approval of After-the-Fact
land clear permit requiring restoration
replanting:
1. Twenty buttonwood stumps and five
blackbead stumps observed on-site with
debris in pile. (Pictures taken)
2. Required replanting shall consist of
twenty green buttonwoods of 5 to 7 feet
in height and five blackhead of 3 to 5
feet in height.
2. Applicant may substitute other specie
s of native vegetation as approved by
the County Biologist.
3. Eighty percent survival of replanted
material shall be viable at the end of
a three year period from the date of the
final inspction of the restoration
work.
4. Final biological inspection of
restoration planting required.
NO NOTES FOR THIS REVIEW
NO NOTES FOR THIS REVIEW
NO NOTES FOR THIS REVIEW
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County of Monroe
Growth Management Division
Code Compliance Department
2798 Overseas High-,+a -
Marathon. Florida 33050
Voice: (305) 289 -2810
FAX: (305) 289 -2536
Joseph D Iludek III
4107 Empedrado
Tampa FL 33629
March 21, 2011
Subject: Code Case: CE05050082
Dear Mr. Hudek,
Board of County Commissioners
Mallor Heather Carruthers. Dist. 3
Ma) or Pro Tem David Rice. Dist. 4
Kim Wigington. Dist. I
George Neugent. Dist, 2
Sylvia J. Murphy. Dist. 5
L �1S
�S r
The purpose of this letter is to inform you that our records indicate that this case was compliant on April 29,
2010 and the fines and/or costs due have not been paid. Additionally a lien against your property was recorded
in the Official Records of Monroe County on November 17, 2006 at Document 1613593, Book 2253, Page(s)
94 -95 and on December 21, 2009 at Document 1771362, Book 2445, Page 1368.
Fine(s) of $300.00 per day ran for 336 days for a total of $100,800.00. The costs to date total $100.00.
Therefore the current amount of the Monroe County Lien is $100,900.00.
You can resolve this matter by remitting payment in full within thirty (30) days 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. It is then your responsibility to record
the Release and Satisfaction with the Clerk of Courts in Monroe County.
Failure to remit payment within 30 days will result in a referral to the Monroe County Attorney's Office for
further action.
Respectfully yours,
Kathleen Windsor
Code Compliance Attorney's Aide
305-289-2586
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.: CE05050082
JOSEPH D HUDEK III, )
Respondent(s). )
ORDER A] 1 UZING FORECLOSURE
A Final Order was entered in this i nd was thereafter recorded as a lien. The lien has
remained unpaid for at least 3 months frc ate of the Order. Therefore, it is hereby ORDERED
that the office of the Monroe County j may institute foreclosure and/or money judgment
proceedings to recover the amount of the ] accrued interest.
DONE AND ORDERED this a ay H of - , 20J at the Marathon
Government Center, Marathon, Florida.
John G. Van Laningham
Special Magistrate
CERTIFICATE OF ORDER
I hereb 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
praiser's O ice as referenced above and/or Authorized Representative
A /'lq• onthis o?5 dayof . 6 ltj . ,20 /6
- 21
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M. Petrick, Liaison
0 gftblic.net`"
Monroe County, FL
Overview
.- 1 0
L , Cando Building
Conservation
Easement
Key Names
Subdivisions
Parcels
Parcel ID 00204160-000000 Alternate ID 1267473 Owner Address HLIDEKJOSEPHD III
Sec/Twp/Rng 32/66129 Class VACANT RES 4107 W EMPEDRADO ST
Property Address 0 JAMAICA L N Acreage 6000 TAMPA, Fl- 33629-6707
RAMROD KEY
District n/a
Brief Tax Description BK 11 LT 5 BREEZESWEPT BEACH ESTATES RAMROD KEY PE14-143 OR215-326 OR513-269 OR764-505 OR1055-
1560OR1104-853 OR1118-1464C
(Note: Not to be used on legal documents)
Date created: 4/24/2017
Last Data Uploaded: 4/24/2017132:42 AM
ALq* Developed by
SX4. The Schneider Corporation
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Legend
Major Roads
Centerline
04
CD
Hooks
Road Center
RightsofWay
.- 1 0
L , Cando Building
Conservation
Easement
Key Names
Subdivisions
Parcels
Parcel ID 00204160-000000 Alternate ID 1267473 Owner Address HLIDEKJOSEPHD III
Sec/Twp/Rng 32/66129 Class VACANT RES 4107 W EMPEDRADO ST
Property Address 0 JAMAICA L N Acreage 6000 TAMPA, Fl- 33629-6707
RAMROD KEY
District n/a
Brief Tax Description BK 11 LT 5 BREEZESWEPT BEACH ESTATES RAMROD KEY PE14-143 OR215-326 OR513-269 OR764-505 OR1055-
1560OR1104-853 OR1118-1464C
(Note: Not to be used on legal documents)
Date created: 4/24/2017
Last Data Uploaded: 4/24/2017132:42 AM
ALq* Developed by
SX4. The Schneider Corporation
gFubitc.net - Monroe County, FL
�gftblic.net' Monroe County, FL
a.s.b
Page 1 0 1
Parcel to 00204160 -000000
Account# 1267473
MillageGroup 100H
Location Address VACANT LAN JAMAICA LN , RAMROD KEY
Legal Description BK11LT5BREEZESWEPT BEACH ESTATES RAMROD KEY PB4.143OR215- 32608513- 269OR764505OR1055-
1560OR1104- 853OR1118-
1464C
CD
( Note: Not to be used on legal documents)
Neighborhood 707
CD
Property Class VACANT RES (0000)
Subdivision BREEZESWEPT BEACH ESTATES
LL1
Sec/rwp/Rng 32/66/29
U
Affordable No
Housing
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Owner
HUDEK JOSEPH D IiI
4107 W EMPEDIZADO ST
TAMPA FL 33629 -6707
C®l
Valuation
2016
2015
2x14
2013
Cr
• Market Improvement Value
$0
$0
$0
$0
¢®
• Market Misc Value
$0
$0
$0
$0
• Market Land Value
$90,000
$67,500
$57,000
$36,000
�
= Just MarketYalue
$90,000
$67,500
$57,000
$36,000
= Total Assessed Value
$21,961
$19,965
$18,150
$16,500
School Exempt Value
$0
$0
$0
$0
00
= School
$90.000
$67,500
$57,000
$36,000
CD
Land
Land Use
RESIDENTIAL CANAL (M 10C)
Number of Units UnitType Frontage Depth
6,000.00 Square Foot 60 100
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
6/1/1988 $40,000 Warranty Deed 1055 1560 M - Unqualified Vacant
No data available for the following modules: Buildings, Commercial Buildings, Mobile Home Buildings, Yard Items, Exemptions, Permits, Sketches (click to enlarge), Photos.
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its ��
responsibility to secure alust 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 Developed by
The Schneider
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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
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ^
Ma or Syl a Murphy
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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,
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March 19, 2014 Code Lien Procedure
i. The Code Compliance Liaison (Liaison) will schedule the motion for the next
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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
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the assigned Inspector to conduct an inspection within 30 days of the SM ruling;
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vi. CAY will seek permission from the Board of County Commissioners to file for
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foreclosure or money judgment in court;
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vii. The assigned Code Inspector will continue to monitor the property for compliance
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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
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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