Item R13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20. 2008
Division: Countv Attorney
Bulk Hem: Yes XX No
Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Harold P. Ware
in Code Enforcement Case CE06020324 and CE061 0070.
ITEM BACKGROUND:
On February 6, 2006, in Code Enforcement Case No. CE06020324 the propelty owner was cited for
violation of Monroe County Code Section 9.5-111(1) (storage containers on propelty without pennit)
and on June 6, 2006, in Code Enforcement Case No. CE 06100070, the property owner was cited for
violation of Monroe County Code Section 9.5-111(1) (clearing mangroves and placing storage
containers on property without a pemllt). On August 30, 2007, the Special Magish'ate issued a finding
of both these violations. The Special Magistrate set compliance for October 18, 2007, after which a
filles would begin to run in the amount of $150.00 per count per day. Both Code Enforcement Cases
became compliant as of Febmary 12, 2008. Total fines and costs for Case No. CE06020324 are
$92,518.50 and total fines and costs for Case No. 06100070 are $16,618.50. No portion of the fmes or
costs have been paid.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~Jy AMOUNT PER MONTH Year
APPROVED BY:. County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION: Included x Not Required_
DISPOSITION:
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
Doc~ 1677075 01/07/2008 9:24RM
Filed & Recorded in Official Records of
MONROE COUNTY D~NNY L. KOLHRGE
CASE NO. CE06020324
vs.
(f
HAROLD P. WARE
Respondent( s).
Docl:f 1677075
Bk~ 2339 P9~ 1099
/
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
August 30th 2007 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): s9.5-111(1)
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by October 18th 2007 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 October 25th 2007,
In&pector McCabe testified that the 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:
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 October
25th 2007, 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 cost in the amount of
$100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery
for prosecution and investigation.
-:iF"-
At the hearing held on November 29tb 2007, the Special Magistrate finding the property
not in compliance, imposed the lien.
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
BK 3, LT 6 CUDJOE OCEAN SHORES, CUDJOE KEY, MONROE COUNTY,
FLORIDA (RE#00187700-000000) ;
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of
the Comis for Monroe County, Florida. If this lien remains on record for more than 3
months, this lien, pursuant F.S. 162.09(3), may be turned over to the Monroe County
Attorney's office to institute civil actions to foreclose on said lien, and/or recover money
judgments for the amount of the individual lien plus interest and costs.
That upon complying, the RespOlldellt(s) shall notify the Code Inspector in this
cas,<f; who shall reinspect the property and notify the Special Magistrate of compliance.
DONE AND ORDERED this 29th day of Novmeber, 2007, at the Monroe County
Govemment Center, Marathon, Florida.
BY
Larry J. S i
Code Enforc ment Special Magistrate
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 Larry J. Sartin, personally Imown 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 State last aforesaid this
th .
29 day 'November, 07
.JP ~ Karen l. Bass
!~ .; My Commission DD3330n
\; ~,..'# Expiras June 28, 2008
'5-7
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty has been furnished to the Respondent(s) via first class mail at
361 Jacobson -Cooks town Rd., NOlih Hanover, NJ 08562, this 30th day of November,
2007.
Doc" 1677075
Bk" 2339 Pg~ 1100
MONROE COUNTY
OFFICIAL RECORDS
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
l LARRY 1. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE06020324
vs.
HAROLD P. WARE
Respondent( s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER
THIS CAUSE having come on for public hearing before the Code Enforcement Special
Magistrate on August 30th 2007, at the Monroe County Government Regional Center, located
,.
at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate, having reviewed the
evidence, heard testimony under oath and being otherwise fully apprised in the premises,
makes the following fmdings of fact and conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the owners of record of property located at :
BK 3, LT 6, CUDJOE OCEAN SHORES, CUDJOE KEY, MONROE COUNTY,
FLORIDA (RE#00187770-000000).
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:
,-:::;...,;
1
A. Respondent(s) is/are hi violation of the Monroe County Code(s) and is/are ordered to
comply with the provisions of said codes by October 18th 2007. A compliance /
review hearing will be held on October 25th 2007.
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 may result in the imposition of a fine, per day, for
,
f< each day thereafter that Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a cost has been levied for the
administrative recovery for prosecution and investigation in the amount of $100.00
(ONE HUNDRED DOLLARS).
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 personal 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.
DON~ A}j:D ORDERED at the Division of Administrative Hearings, Tallahassee, Florida,
this ~ day of September, 2007.
~-;ft
Larry~
Code Enforcement Special Magistrate
0'7
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared Larry J. Sartin, 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 State last aforesaid this /' /1l"\,)
day of September, 2007.
~w~
Notal] .J?Mblic W"I'
..~$1.f.{l1!, Elma I lams
~f(tbi. "'~ Commission # 00481642
~~..~~~ Expires December 2, 2009
,.....;:1:.Pt:~.I:" .. Banded Tmy fain ~n'Sull'ln(:e Ine 800.385-7019
2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code S9.5-111(1)- A building permit is required
prior to the following: (l)Any work specified in chapter 6.0; all development requires a
permit.
Storag~ containers placed on property without benefit of permit or inspections.
CORRECTION(S):
COUNT I. Contact the Monroe County Building Department and either (I) obtain an after the
fact permit and all inspections required, or (2) obtain a demolition permit and remove as directed.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys (305)852-7135
Middle Keys (305)289-2810
Lower Keys (305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to Jtt;~JO ..
Respondent(s) hy mail at 361 Jacobson Cookstown Rd., No~ Hanover, NJ 08562, this fr.I--.r-'
day of September, 2007.
,-;7
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
3
Mr. McCabe, Zoning I Code Enforcmnent
Key West Florida
{f
August 24.2007
Re: Storage Lots, Mile marker 21 US Highway 1
Cud Joe Key c/o Harold P Ware Sr.
Dear McCabe.
Please be advised that I am aware of the violation notice that was
made regarding several storage containers that are presently located on my Jot as
described above. Unfortunately due to my professional and personal responsibilities I
have been unable to make the trip to meet with you personally. I win not be in the state of
Flodda until sometime in October of this year.
As you mayor may not be aware the storag~ containers have been on location for over
seven years and have been undamaged through several hurricanes. A couple of years ago
I was informed the containers were required to be secured to the ground. At that time I
did secure them utilizing ground strapping,. securing the containers as required. Therefore
I am respectfully pleading not guilty to the violation charge.
In closing, I appreciate your consideration in this matter. Once I arrive in Florida in
October I will contact you so we can meet in person so I can resolve this issue as
required. In the interim if you need to speak with me directly or have any questions I
could answer please don't hesitate to contact me. r can be reached at (732) 221-6550.
ofF"';
Sincerely,
Harold P Ware Sr.
I
PLAINTIFF'S
EXHIBIT
I
MONROE COUNTY, FLORIDA
Petitioner,
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
Doe" 1677074 01/07/2008 9:24~M
Filed & Recorded in Official Recorcls of
MONROE COUNTY DANNY L. KOLHAGE
vs.
CASE NO. CE06100070
,~f
,
Respondent( s).
Doctl 1S77074
Bkti 2339 Pgtl 1097
HAROLD P. WARE
!
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
August 30th 2007 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 October 18th 2007 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 October 25th 2007,
Inspector McCabe testified that the 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:
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 October
25th 2007, 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 cost in the amount of
$100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery
for prosecution and investigation.
.~...w
At the hearing held on November 29th 2007, the Special Magistrate finding the property
not in compliance, imposed the lien.
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
BK 3, LT 5 CUDJOE OCEAN SHORES, CUDJOE KEY, MONROE COUNTY,
FLORIDA (RE#00187690-000000) ;
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of
the Courts for Monroe County, Florida. If this lien remains on record for more than 3
months, this lien, pursuant F.S. 162.09(3), may be tumed over to the Monroe County
Attorney's office to institute civil actions to foreclose on said lien, and/or recover money
judgments for the amount of the individual lien plus interest and costs.
That upon complying, the Respondent(s) shall notify the Code Inspector in this
caqe; who shall reinspect the property and notify the Special Magistrate of compliance.
DONE AND ORDERED this 29th day of Novmeber, 2007, at the Monroe County
Govermnent Center, Marathon, Florida.
BY;
Larry J. S
Code Enforc ment Special Magistrate
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 Larry J. Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
WIT~ESS my hand and official seal in the County and State last aforesaid this
29th da~, 'fNOVem~r, 7.
i~ i\, Karen L Ba~
. .~ ,; My Commission 00333077
'!!;..# Expires June 28, 2008
_~4
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty has been furnished to the Respondent(s) via first class mail at
361 Jacobson -Cookstown Rd.; North Hanover, NJ 08562, this 30th day of November,
2007.
Doc~ 1677074
Bk~ 2339 Pg~ 1098
MONROE COUNTY
OFFICIAL RECORDS
f-l
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE06100070
vs.
HAROLD P. WARE
Respondent(s) .
/
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE having come on for public hearing before the Code Enforcement Special
Magis~rate on August 30th 2007, at the Monroe County Government Regional Center, located
at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate, having reviewed the
evidence, heard testimony under oath and being otherwise fully apprised in the premises,
makes the following fmdings of fact and conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the owners of record of property located at :
BK 3, LT 5, CUDJOE OCEAN SHORES, CUDJOE KEY, MONROE COUNTY,
FLORIDA (RE#00187690-000000).
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:
1
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 October 18th 2007. A compliance /
review hearing will be held on October 25th 2007.
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 may result in the imposition of a fine, per day, for
A-
i' each day thereafter that Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a cost has been levied for the
administrative recovery for prosecution and investigation in the amount of $100.00
(ONE HUNDRED DOLLARS).
E. In the event of nonpayment of fines/liens imposed, a certified copy of an order
imposing a fme 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(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 Division of Administrative Hearings, Tallahassee, Florida,
this ~ day of September, 2007.
L~7Jk1
Code Enforcement Special Magistrate
~
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared Larry J. Sartin, 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 State last aforesaid this /....-Yt
day of September, 2007.
~W~vh7~
Notary Public
~~.~~{~{fl!. Elma Williams
iff/lb...ref;. Commission # 00481642
~~..~o%g Expires December 2, 2009
1f.f\',tl'." 6,.dod Troy Fa'" Insurance 100 e00'3e5.701~
2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code 99.5-111(1)- A building pennit is required
prior to the following: (l)Any work specified in chapter 6.0; all development requires a
permit.
Storag~ containers placed on property and cutting of mangroves without benefit of permit or
inspections.
CORRECTION(S):
COUNT 1. Contact the Momoe County Building Department and either (1) obtain an after the
fact permit and all inspections required, or (2) obtain a demolition permit and remove as directed.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys (305)852-7135
Middle Keys (305)289-2810
Lower Keys (305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to ItlJN()
Respondent(s) by mail at 361 Jacobson Cookstown Rd., North Hanover, NJ 08562, this ~
day of September, 2007.
~.;
Code nforcement Liaison
Karen . Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
3