Item O18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: J anuat.v 2S. 2009
Bulk Item: Y es ~ No
Division: County Attomev
Staff Contact Person: Cynthia Hall 3174
AGENDA ITEM WORDING:
Approval to file lawsuit for injunctive relief against The Mattinez Family Trust and Leo Miller.
ITEM BACKGROUND: In August 200S, the Code Enforcement Department obtained an order
finding that Pedro Martinez had rented property located at 122 Lorelane Place, Key Largo for dozens
of illegal short-tenn rentals over a I-yr. period in violation of the County's vacation rental ordinance,
and also that the property also had unsafe and unsanitary septic tank conditions and illegally built-out
lower enclosure. At the time, the propelty was owned by Pedro Martinez. The order signed by the
Special Magistrate on September 15, 200S, ordered that the property owner (a) cease and desist from
illegal short-tenn rentals and adveliising and (b) correct the septic tank and building violations.
Mr. Martinez did not correct the violations. Instead, on September 22, 200S, Mr. Martinez conveyed
the property to the Martinez Family Trust, c/o Leo Miller, Trustee. According to the Deed to Trustee
conveying the property, the Trust was set up on September] 5, 200S.
For a period oftime, the new owner (the Trust) did not appear to use the property for short-tenn
rentals. However, the multiple short-term rentals have now resumed. In addition, the Trust has failed
to take any steps to correct the septic tank and building code violations. A new Code Enforcement
case has been started against the Trust, but Chapter 162, Florida Statutes, requires the County to give
the Trust a reasonable period of time before the matter can be brought to hearing. By this lawsuit, the
County would seek an immediate injunction to prevent the illegal rentals and to compel the Trust to
correct the septic tank and lower enclosure problems. This step is appropriate in light of the
seriousness ofthe harm and the property owner's disregard for the Special Magistrate's orders.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No lL AMOUNT PER MONTH Year
f\ .,1,/
C:,Lt'
APPROVED BY: County Atty X OMB/Purchasing _ Risk Management _
V
DOCUMENTATION: Included To Follow_ Not Required X
DISPOSITION:
AGENDA ITEM #