Item Q04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2009 Division: County Attorney
Bulk Item: Yes - No --X Staff Contact Person/Phone #: Lisa Granger X3170
AGENDA ITEM WORDING:
Request by Property owner Dasha Renee Ray for mitigation offines in Code Enforcement Case
CE05050175. Pines total $ 4,450.00
ITEM BACKGROUND:
On May 17, 2005, code enforcement initiated a violation case against Ms. Ray for completion
of renovations including new windows, porches, hand rails and installation of lattice without the
benefit of a permit on her property on Stock Island. The matter proceeded with numerous hearings in
front of the Special Magistrate: Ms. Ray was given a compliance date of May 18, 2006 which was one
year after the start of the code enforcement action against her. To gain compliance, Ms.Ray needed to
apply for an after the fact permit, have her property inspected and pass those inspections. One year
was amble time to comply. Prom time to time during that one year, the county and Ms. Ray appeared
in front of the Special Magistrate and there were times when Ms. Ray requested continuances. She did
not come into compliance by May 18, 2006 and fines in the amount of $150 a day began to run against
her. Additionally a one time administrative fine of $1 00 was ordered.
Ms. Ray finally applied for an after the fact permit on May 19, 2006 (one day after the
compliance date). The county processed the permit and Ms. Ray was not charged fines during the 51
days of processing time. Ms. Ray finally gained compliance on June 14, 2007,2 years and one month
after the institution of the code action against her. During those 2 years, the code inspector made at
least 6 visits (inspections of) to the property to determine if the property was compliant.
Ms. Ray's fines total' $4,450.00. To date, Ms. Ray has refused to pay the fines to the county.
The county's lien against Ms. Ray's property was recorded on March 14,2007.
It is estimated that the county has incurred $7,000.00 in staff time on this matter.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
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STAFF RECOMMENDATIONS:
Ms. Ray should be held responsible to pay the County for $4,450.00 in fines.
TOTAL COST: ~ INDIRECT COST: BUDGETED: Yes _No
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COST TO COUNTY: $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No -2L AMOUNT PER MONTH_ Year
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4, County Atty ilt OMB/Purchasing_
APPROVED BY: Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
~NROE COUNTY CODE ENFORCEM~I,
NOTICE OF VIOLATION
TO: DASHA RENEE RAY CASE NUMBER: CE05050175
1215 MCMILLIAN DR .
KEY WEST, FL 33040
RE NUMBER: 00130600000000
LEGAL DESCRIPTION: H-3 5TH AVE
STOCK ISLAND, FL 33040
DEAR PROPERTY OWNER, / TENANT,
You are hereby notified that/an inspection of the above
referenced property on ~ , O~ found violations of the
following Monroe County Co e~ Section(s):
9.5-111(1)
Remodeling of Trailer is required a permit.
Fence, porches, front and rear. Windows, lattice
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or remove as directed.
NOTE: Monroe County1s web page, which includes all Monroe
County Codes is located at: www.monroecounty-fl.gov, then choose
Monroe County Code.
In order to correct the violation(s) noticed above, you
are requested to take the corrective action within 10 DAYS
OF RECEIPT OF THIS NOTICE.
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This notice is intended to seek your cooperation in correcting
the violation(s) described above without having to initiate
proceedings before the Code Enforcement Special Magistrate or
court system. The Code Enforcement Department will attempt
to help you correct the violation(s) . If you feel you need
an extention of time to comply with the action requested above,
please contact the Code Enforcement Department. Any
extention, if granted, will not exceed ten (10) days.
The violation(s) listed herein do not necessarily constitute
all the violations, which may exist with regards to this
matter/property. Lack of enforcement proceedings at this
time does not constitute a waiver of the right to future
prosecution.
NOTE: If the violation(s} are corrected then recur, or if
the violation(s} are not corrected by the time specified by the
Code Enforcement Inspector, the case may be presented to
J. Jefferson overb~the Code Enforcement speJ~l Magistrate,
even if the violation has been corrected prior to the
Special Magistrate hearing.
Your cooperation in this matter will be
Date: 05/16/05
Inspe
I hereby certify that a copy hereof has been furnished to the
above-named adressee(s) by Certified mail, Return Receipt
Requested, No. 70050390 0003 8648 3286
~&AP
Code Enforcement Department
Please contact the Code Enforcement Department upon correction
of the violation so a re-inspection may be conducted.
Lower Keys: 1100 Simonton Street (Room 1-171) ,
Key West, FL 33040 - (305) 292 -4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 - (305) 289-2810
Upper Keys: 88820 Overseas Highway
Tavernier, FL 33070 - (305) 852-7135
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
J. JEFFERSON OVERBY
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, CASE NO. CEOSOS0175
Petitioner.
VS.
DASHA RENEE RAY
Respondent(s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER
TIDS CAUSE having come before the Code Enforcement Special Magistrate for a public
hearing on April 27th 2006 ,and the Special Magistrate, having reviewed the evidence, heard
testimony WIder oath and argument of counsel (if any), and being otherwise fully apprised of the
premises, makes the following fmdings of fact, conclusions of law and order as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - .:;2lW
.,~.~
1. That the Respondent(s) is/are the owners of record of property located at -
BK H, LT 3 LINCOLN GARDENS, #2, alkJa H-3 - 5TH STREET, STOCK
ISLAND, MONROE COUNTY, FLORIDA (RE#OO130600-000000)
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
ORDERED AND ADJUDGED that:
A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to
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comply with the provisions of said codes by May 18th 2006. A compliance I review
hearing will be held on May 31slZ006 at the Harvey Government Center located at
1200 Truman Ave., Key West, Florida, at 10:00 a.m.
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 qate will result in the imposition of a fine, $150.00 (ONE
HUNDRED - FIFrY DOLLARS) per day, for each day thereafter that
Respondent(s) is/are'in violation.
D. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE
HUNDRED DOLLARS) has been levied for the administrative recovery for
prosecution and investigation.
E. In the event of nonpayment of fines/liens imposed, a certified copy of an order imposing
a fine 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 pers~nal
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.
DO~ ORDERED at the Marathon Government Regional Center, Mar.
this day of May, 2006.
_. ~
..:._.,,~
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STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day before me, an officer duly qualified 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.
WITNESS my hand and official seal in the County and 8ta e last aforesaid this
May, 2006.
4,
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FILR ~ 1. QJ 0 2 7 :3 "7
5 Pl" r. '2 fZJ 9 6
llK~1~1-5 'r.-.
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EXHIBIT n A "
On the Island of Key West and is known on the Key West Really Company's
Subdivision No. One (1) Of Tract 21 end Salt Pond Lots 1, 2, 3, 4 llnd 5 as Lot 1 In
Blook 48, according to a diagram of &!lId subdivision record lid In Plat Book 1, Page
43 of Monroe County, Florida records.
Commencing at the Northeast corner of Patterson Avenue and FIUh Streets !Ind
running thence along Palter~n Avenue In an Easterly direction Fifty (50) feet; thence
III right angles In a Northerly direction One Hundred (100) feet to an IIl1eyj thence al
right angles In a Westerly direction along ~Id alley Fifty (50) feet; thence at right
angles In II Southerly direction One Hundred (100) teet to the Point of Beginning.
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1I0HllO~ COUNU
... # 97-8-098 OHln1l1 IlECORDS
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Docij 1632450 03/14/2007 4:05PM Doc~ 1632450
Filed & Recorded in Official Records of Bk~ 2279 Pgl:t 836
MONROE COUNTY DANNY L. KOLHAGE
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS. CASE NO. CE05050175
DASHA RENEE RAY
Respondent( s). *Corrected - refer to
Book 2253, Pgs 96-97
/
ORDER IMPOSING PENALTY /LIEN
*AMENDED*
THIS CAUSE having come on for public hearing before the Special Magistrate on April
27lh 2006 after due notice to the Respondent(s), at which time the Special Magistrate
heard testimony under oath, received evidence, and issued his Order fmding' 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 May 18th 2006, and further, that failure to correct the violation(s) by the compliance
date may result in a fine $150.00,( ONE HUNDRED - FIFTY DOLLARS) per day, being
imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on July 27th 2006, Inspector Dowling testified that the following
violation(s) had not yet been corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby: _ -"!fIIIIIIf
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ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the ~
amount of $150.00 ( ONE HUNDRED FIFTY DOllARS), per day, beginning May 19lh
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.
TillS ORDER SHALL CONSTITUTE A DEN AGAINST THE LAND ON WHICH
THE VIOlATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOIATOR(S).
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
BK H, LT 3, LINCOLN GARDENS #2 a/kla H-3 5TH STREET, STOCK ISlAND,
MONROE COUNTY, FLORIDA (RE:00130600-000000).
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Dee" 1632450
Bkl1 2279 Pglf 837
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
BK H, LT 3, LINCOLN GARDENS #2 a/k/a H-3 5TH STREET, STOCK ISLAND,
MONROE COUNTY, FLORIDA (RE:00130600-000000).
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 Magistrate of compliance.
DONE AND ORDERED this 6A day of March 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
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BY ~~n --
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
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 Larry J. Sartin, personally known to me, who executed the foregoing and
aclmowled.ged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
6ft. day of March, 2007.
<<MCL W~ ~,-;.*,'i~~~ Elma Williams
#~:8>': Commission #- 004816~~ - ~
~""""~ ExPires December 2. :W.\l' --.~
Notary Public 'ff,w, f,\" BOlldtdTroy F... 1"_IIt. In" !llO-)!;." -
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished !~.S. Mail to the Respondent(s) at
1215 McMillian Dr., Key West, FL 33040, this _......day of March, 2007.
Karen L. Bass,
Code Enforcement Liaison
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MONROE COUNTY
OFFICIAL RECORDS
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Code Enforcement Detail Page 1 of2
CODE ENFORCEMENT DETAIL
~ CASE INFO PROPERTY INFO
NUMBER CE05050175 DATE 5/11/2005 PARCEL 00130600000000
TYPE 1 OPER dowlingn ADDRESS 1:l~_35TtL8YE
DESC PHONE CALL CSZ STOCK ISLAND, FL 33040
TENANT OWNER RAY DASHA RENEE
ADD INFO 70050390 0003 8648 3286 ADDRESS 1215 MCMILLIAN DR
STATUS o OPENED WITH RECEP CSZ KEY WEST, FL 33040
OFFICER NO PHONE
COMPLAINT CODES 1: NO PERMIT
VIOLATION CODES 1: 9.5-111(1) -- BUILDING PERMIT REQUIRED
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CASE DESCRIPTION RENIVATIONS NO PERMITS, WINDOWS, NEW FENCE, PORCHES
HAND RAILS, LATTICE AROUND BOTTO,M OF TRAILER
INSPECTIONS/EVENTS DETAIL
DATE TIME INSP jEVE TYPE INSTRUCTIONS
8/8/2007 13:40:41 COMMENT CODE IN COMPLIANCE 9.5-111(1)
COMPLIANCE DATE WAS: 06/14/07
5/7/2007 10:04:47 SENT FILE TO COUNTY ATTY FORWARDED TO ATTY FOR COLLECTIONS
4/26/2007 18:28:05 SENT FILE TO COUNTY ATTY FILE TO BE TURNED OVER TO COUNTY ATTY
FOR COLLECTION PURPOSES
4/19/2007 09:27:00 REINSPECTION FOR HEARING SITUATION SAME. FAILED FINALS. ND
8/14/2006 14:26:10 COMMENT CODE FINE CHANGED 9.5-111(1)
START DATE: 05/19/06 FINE AMT: 150.00
8/1/2006 22:26:48 COMMENT CODE ADDED FINE ON 9.5-111(1)
START DATE: 07/21/06 FINE AMT: 150.00
7/27/2006 22:18:38 LIEN ORDER LIEN IMPOSED
PERMIT HAS NOT BEEN ISSUED YET. PROBLEMS
7/20/2006 16:24:44 REINSPECTION FOR HEARING WITH PERMIT. BEING HELD UP BY FEMA.ND
NOT COMPLIANT
5/31/2006 16:13:28 SM CASE CONTINUED NO ACTION CONTINUED TO 07/27/06
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5/31/2006 11 :57:06 REINSPECTION FOR HEARING NOT COMPLIANT. ND
5/18/2006 12:17:14 REINSPECTION FOR HEARING NOT COMPLIANT. ND
4/20/2006 14:25:43 REINSPECTION FOR HEARING NO PERMITS ISSUED. ND
12/1/2005 13:57:33 SM CASE CONTINUED NO ACTION CONTINUED TO 04/27/06
11/23/2005 15:27:55 REINSPECTION FOR HEARING PERMITS APPLIED FOR, NOT ISSUED. ND
11/21/2005 15:43:37 HEARING NOTICE POSTED POSTED PROPERTY AND COURT HOUSE. ND
10/19/2005 15:27:41 HEARING NOTICE SENT HEARING NOTICE SENT FOR 12/01/05
10/18/2005 10:50:24 SENT TO LIAISON SET FOR DEe. 1ST HEARING
9/15/2005 16:40:11 RETURNED TO INSPECTOR
9/15/2005 16:38:56 SENT TO DIRECTOR FOR REVIEW SENT TBACK TO INSPECTOR TO REVIEW OLD
PRC AND MODIFY NOTES IF NECESSARY
9/15/2005 16,:34:14 SENT TO LIAISON RETURNED TO DIRECTOR PER HER REQUEST
9/13/2005 11:21:05 SENT TO DIRECTOR FOR REVIEW SENT TO LIAISON
9/7/2005 13:16:58 COMMENT CODE SENT TO MARTINA TO SET UP FOR HEARING. ND
5/23/2005 08:55:26 RETURNED TO INSPECTOR FILE RET. TO INSPECTOR.
http://oss.monroecounty-fl.gov/code_dtl.asp?case _ no=CE05050 175 6/2312009
Code Enforcement Detail Page 2 of2
5/20/2005 08:55:06 NOV CERTIFIED RETURNED CERT. RET. GOOD SERVICE.
5/17(2005 15: 17:48 NOTICE OF VIOLATION NOV SENT TO PROPERTY OWNER.
5/11/2005 14:23:58 COMMENT CODE SENT TO MARTINA TO GET PRC AND NOV. ND
5/11/2005 14:23:26 INITIAL INSPECTION TYPE SITE VISIT AND TOOK PHOTOS. ND
5/11/2005 . 14:19:19 MAKE VIOLATION MAKEVIO RECORDED DOWLINGN
5/11/2005 14: 17:52 CREATE A CASE COMPLAINT RECORDED BY DOWLINGN
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http://oss.monroecounty-fl.gov/code_dtl.asp?case _ no=CE05050175 6/23/2009