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Item S04 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date 4/21/04 Division County Attorney AGENDA ITEM WORDING Authorization to initiate litigation to collect code enforcement fines that had been imposed against Marcos Caso and James Jeanquenat and for authorization of the County Attorney's office to negotiate settlements, if appropriate, in each cases. ITEM BACKGROUND Caso: On 11/19/03, the Code Enforcement Special Master imposed a daily fine (retroactive to 10/24/03) of $100.00 against Mr. Caso's property on Stock Island for building a fence and awnings without a permit. As of 3/31/04, the fence was still in violation. On that date, the Special Master authorized the initiation of collection proceedings of the fine and costs which totaled $16,100.00. Jeanquenat: On 8/7/03, the Special Master imposed a daily fine (retroactive to 7/25/03) of $500.00 per day for five violations of the code, i.e., trash & debris; no home occupational license; abandoned vehicles; abandoned watercraft; and set back violations. On 3/31/04, the Special Master authorized the initiation of collection proceedings because the violations had not been cured nor had the fine and administrative costs of $125,600.00 been paid. PREVIOUS RELEVANT BOCC ACTION None. CONTRACT I AGREEMENT CHANGES None. STAFF RECOMMENDATIONS Approval TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney - OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL:~~M JOHN UN DOCUMENTATION: Included xx To Follow 0 Not ReqUired 0 AGENDA ITEM # ~4 MONRO! COUNr~ O',rCrAL RBCORDS BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, VS. CASE NO. U~3-88 (CE03040151) JAMES T. JEANQUENAT ResPondent(s). I ORDER IMPOSING PENALTYILIEN THIS CAUSE having come on for public hearing before the Special Master on June 26m 2003, after due notice to the Respondent(s), at which time the Special ~ heard testimony under oath, received evidence, and issued his Order findJng the Respondent(s) in violation of Monroe COUnty Code Secdon(s): f8-30(a)(e) - 'frash & Debris; 19.5-242(a)(4) - Home Occupational license required; 119-95 - Ab8ndoned vehicles; 119-96 - Abandoned water craft; 19.5-281 - Setbacks; Said Order required the Respondent(s) to correct the violation(s) by July 2411l 2003, and further, that failure to correct the violation(s) by the compliance date may rC$ult in a fine of $100.00, per day, per count, being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Master held on July 311t 2003, ~or Kerr testified that the violation(s) had not yet been corrected. ACCORDINGLY, the Special Master 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 $500.00 (FIVE HUNDRED DOLLARS), per day, beginning July ~ 2003, 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 BUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WInCH 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: LOT 51, PORT LARGO, KEY LARGO, MONROE COUNTY, FLORIDA (RE:00451820-000000) ts'''U ::oa ..... .. r-< 1-4" ~.. wl-4 ~w ~ '1j-..1 ~CD -.JUt ~~ S ClU :Jltn z:c z: '<02 CD l:"4'l:1 :JIllN OW t"" taN :Jlt. ,.,. IlIIw , n& t""w DlI_ ~w ::oa-o "C :a: 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 case, who shall reinspect the property and notify the Special Master of compliance. DONE AND ORDERED this 7!::-- day of August, 2003, at the ,Monroe County Government Regional Center, Marathon, Florida. STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day, beforc me, on officer duly au~orized in the State aforesaid and in thc County aforcsaid, to take acknowle4gments. personally appeared J. Jefferson Overby, personally known to me, who exeCuted the foregoing and acknowledged before me that he executed the same. " /Jf:: WITNESS my hand and official seal in thc County and State last aforesaid this ~ day of August, 2003. ~9.Y PIJ#. OFRaALNI:n'MfIEAl, ol@l~ ~lIilIIi LMCtAlN ~..' """"""." lieN.... ~o"....o<6 MY-~?:__ I HEREBY CERTIFY that a true and correct copy of the above and forcgoing Order Imposing PenaltylLien has been furnished ~ U.S. Mail, to the Respondent(s) at S 1 Bahama Avenue, Key Largo, FL 33037, this..D- day of August, 2003. HONROK COUNfY OFFICIAL RECORDS ts'''lI ~.... _I:"" I-4Il1J ~.. tu.... ~w l.O "0-..1 ~lD -..1Ut ~~ 1-4 MONROR COUNTY OFFICIAL RBCORDS FILR '1 411 1 7 2 BR'l 954 PG'40 3 RCD Nov 2S 2803 llrl1AM DANNY L KOLRAGR, CLERR BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, VS. CASE NO. CE03050192 MARCOS A. CASO Respondent(s). I ORDER IMPOSING PENALTYILIEN TinS CAUSE having come on for public hearing before the Special Master on August 220:1 2003, after due notice to the Respondent(s), at which time the Special Master 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(a) _ A building permit is required for aluminum awnings and a fence; Said Order, and/or subsequent orders, required the Respondent(s) to correct the violation(s) by October 23rd 2003, and further, that failure to correct the violation(s) by the compliance date may result in a fine in the amount of $100.00, per day, being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Master held on October 30m 2003, Inspector Norman testified that the violation(s) had not yet been corrected. ACCORDINGLY, the Special Master 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 $100.00 (ONE HUNDRED DOLLARS), per day, beginning October 24th 2003, 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 IIDNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. TIllS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WInCH THE VIOLATlON(S) EXlST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). THE VIOLATION(S) EXlST(S) ON THE FOLLOWING DESCRIBED PROPERTY: D19 10m AVENUE, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE:00128860-000000) FILE #.1. 4 .1. .1. .1. 7 2 A BK#19S4 PG#403 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 case, who shall reinspect the property and notify the Special Master of compliance. DONE AND ORDERED this .1i day of November, 2003, at the Monroe County Government Regional Center, Marathon, Florida. / ,/ , 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. t WITNESS my hand and official seal in the County and State last aforesaid this ~ day of November, 2003. J;dP!7;Jr- No bli , ';1\ .IIIc:queIIne L McUIlI \.!f.) My Coimllw\,,~~ .., Expnaac.w21.., '----'" I HEREBY CERTIFY that a true and correct copy' of the above and foregoing Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s) by posting the subject property, since all mail has been returned and no address can be located in the public records, this 14 day of November, 2003. MONROE COUNTY S OFFICIAL RECORD