Item O15BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20, 2015
Bulk Item: Yes X No
Division: Cogn1y Attorney
Staff Contact /Phone #: Steve Williams/292-3470
AGENDA ITEM WORDING: Authorization to initiate litigation against Jean-Sebastie and Trisha K.
Gros and the property located at 2273 San Sebastian Drive, Big Pine Key, Florida, to seek compliance with
the County Codes and enforce a lien arising from code compliance case number CE10050020.
ITEM BACKGROUND:
This property was the subject of a Code Compliance case for unlawful short term rental activities. The fines
total $585,500.00 as of January 4, 2016 and will continue to accrue at $500 per day until compliance is
achieved.
CE10050020: Subsequent to a "Stipulation to code violation and for time to comply for first time offenses"
agreement with Monroe County, the Special Magistrate found the property in violation and ordered a
compliance date of November 24, 2012. The property owner did not gain compliance by the deadline
ordered by the Special Magistrate and the fine(s) began to accrue on November 25, 2012. The County's lien
was recorded on December 7, 2012 and perfected on December 4, 2015. The code case remains open for
non-compliance and failure to pay outstanding fines and costs.
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, money judgment and writ
of execution;
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.
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and writ of execution.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Authorization to initiate litigation against the property owner for
injunction, foreclosure, money judgment and writ of execution.
TOTAL COST: approx $2500.00 INDIRECT COST: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year
APPROVED BY: County A
DOCUMENTATION: Included
OMB/Purchasing
Not Required
Risk Management
DISPOSITION: AGENDA ITEM #
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289-2810
FAX: (305) 289-2858
County of Monroe
Growth Management Division
We strive to be caring, professional, and fair.
MEMORANDUM
TO: Steve Williams, Assistant County Attorney
FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst
DATE: January 4, 2016
SUBJECT: Recommendation to County Attorney's Office for further action.
Board of County Commissioners
Mayor Heather Carruthers, Dist. 3
Mayor Pro Tern George Neugent, Dist. 2
Danny Kolhage, Dist. 1
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
SUNEVIARY:
As a result of the Final Order in code compliance case CE10050020, daily fines in the amount of $500.00 per day
have accrued for approximately 1166 days for a total of $583,000.00 and continue to accrue. All attempts to gain
voluntary compliance from the property owner have failed. The subject property, owned by Jean-Sebastien and
Trisha K. Gros, remains in violation of Monroe County Code.
CASE CE10050020 BACKGROUND:
The violations in this case are the result of a complaint received by the Code Compliance Department for unlawful
short term rental activities. Subsequently a "Notice of Violation/Notice of Hearing" was mailed via certified mail
to the property owners on August 8, 2012 to appear at the Special Magistrate Hearing on September 27, 2012.
The return receipt was signed on August 9, 2012.
On October 24, 2012 the property owners entered into a "Stipulation to code violation and for time to comply for
first time offenses" agreement with Monroe County agreeing to the violations of
• MCC Sec. 130-83(b), To -Wit: IT IS UNLAWFUL TO RENT OR USE A HOME IN AN IMPROVED
SUBDIVISION (IS) LAND USE DISTRICT AS A SHORT TERM (LESS THAN 28 DAYS) RENTAL;
and
• MCC Sec. 134-1(k)(1), To -Wit: IT IS UNLAWFUL FOR A PROPERTY OWNER, LANDLORD,
AGENT OR OTHER REPRESENTATIVE TO ADVERTISE, LEASE, RENT OR HOLD OUT FOR
RENT A HOME IN AN IMPROVED SUBDIVISION (IS) LAND USE DISTRICT FOR SHORT TERM
RENTAL (LESS THAN 28 DAYS);
further agreeing to a compliance date of November 25, 2012 with daily fines of $500.00 to accrue if compliance
was not achieved by that date; further agreeing to a one -time -fine of $2,500.00 payable in twenty-five equal
payments of $100.00. At the hearing on October 25, 2012 the Code Compliance Special Magistrate entered a
Final Order approving the Signed Stipulation Agreement and accepting it's agreed upon terms. Compliance was
not achieved by November 24, 2012. Hence, the daily fines began accruing on November 25, 2012.
The Final Order was recorded in the Official Records of Monroe County on December 7, 2012 as a lien on behalf
of the BOCC.
On October 9, 2014 it was believed by the County that the subject property had been surrendered in the property
owners' bankruptcy action and the case was closed. On September 17, 2015 staff received an inquiry as to the
amount of the lien. Research revealed that the property was still owned by the Gros, and the County Attorney's
office determined that the liens for CE10050020 and CE12070175 remained intact.
Additionally an investigation by the Code Compliance staff revealed that the property was still in violation of the
County Codes as cited.
Therefore a "Notice of Motion to Authorize Collection Proceedings and Notice of Hearing" was mailed to the
property owner on October 28, 2015 and a hearing was held on November 19, 2015. The Special Magistrate
issued an "Order Authorizing Foreclosure".
Staff has received no communication or acknowledgement from Mr. and Mrs. Gros, and staff has exhausted all
other mechanisms available to persuade the property owner to achieve compliance.
As of January 4, 2016 the total amount of the lien is $586,494.36, ($585,500.00 fines and $994.36 costs), and the
costs and fines will continue to accrue until compliance is achieved and the lien is paid.
STAFF RECOM3ffNDATIONS:
Proceed to Monroe County BOCC asking for approval to proceed with litigation to compel the property owners
Jean-Sebastien and Trisha K. Gros, to comply with various county ordinances and correct the code violations of
Code Compliance Case CE10050020.
Attachments:
Page
1
Case Detail
6
Notice of Violation/Notice of Hearing
9
Return receipt
11
FinalOrder/Lien
13
Stipulation Agreement
18
Memo 10/9/14
19
Memo 9/25/15
21
Non-compliance advertisement
23
Non-compliance memo
25
Motion for Collections
33
Order Authorizing Foreclosure
34
Fine Screen
35
Property Record Card
CODE ENFORCEMENT DETAIL
Case Number
Case Date
Origination
Operator
CE10050020
Tenant
Add Info
Status
Officer
05-05-2010
7010 2780 0001 77461566
1 - PHONE CALL
L - LIEN CREATED
peacockv
BOF
PROPERTY ON CASE
RE 00312573004600 Owner GROS JEAN-SEBASTIEN Ir TRISHA
Property Address 2273 SAN SEBASTIAN DRIVE Owner Address 5000 GODFREY RD
City/State/Zip BIG PINE KEY FL 33043 City/State/Zip CORAL SPRINGS FL 33067
Phone
VACATION RENTAL IN IS ZONE.
ORIGINAL INSPECTOR WAS TRACI SCHOENROCK
130 83(B) WAS DEEMED COMPLIANT 11 15 2012 NO
FINES.
134-1(K)(1) IS STILL RUNNING DAILY FINES.
OTF REMAINS UNPAID.
ADDRESS ON EXPIRED FORWARDING US MAIL:
JEAN-SEBASTIEN AND TRISHA K GROS
8202 WILES RD
_ _._
CORAL SPRINGS FL 33067-1937 W
COMPLAINT CODE(S
1: VACATION RENTAL
2: VACATION RENTAL
VIOLATION CODE(S)
1: 130-83.(B) -- IMPROVED SUB- VACATIO.....
._...
2: 134-1.(K)(1) --VACATION RENTAL a ADVERTISING
.._._..___.lME F-i ..� POSE—_ _.....�.._._._...._._.�,.� .�._.._._..._...._... � _ __.._.....�....._. .............�.. .,_. _.._ ,._._..
3: OTF -- ONE TIME FINE IMPOSED
INSPECTIONS/EVENTS DETAIL
DATE TIME INSPECTION / EVENT TYPE
01-20-2016 16:09:59 CASE HEARD BEFORE BOCC
01-04-2016 16:08:40 COMMENT CODE
12-19-2015 13:55:37 REINSPECTION
12-07-2015 13:55:58 PERFECTED LIEN
INSTRUCTIONS / COMMENTS
SCHEDULING
ADDED FINE ON OTF
START DATE: 10/25/12 FINE AMT: 2500.00
AS OF JANUARY 4, 2016 THE TOTAL AMOUNT
OF THE LIEN IS $586,494.36, ($585,500.00
FINES AND $994.36 COSTS), AND THE COSTS
AND FINES WILL CONTINUE TO ACCRUE UNTIL
COMPLIANCE IS ACHIEVED AND THE LIEN IS
PAID.
CERTIFIED COPY OF LIEN RECOREDED IN 2012
WAS RERECORDED DOCUMENT 1911125 BK 2602
PG 1968
12-02-2015 16:13:49 COMMENT CODE
_...._.. _. ORIGINAL FILE HAS BEEN SCANNED -
I
MINOR DUPLICATE FILE FILED MTH OF LIEN
DECEMBER 2012.
htti)://ep-ov.monroecounty-fl.eov/eGovPlus/code/code dtl_asn0case no=C710050090 i Jdl,)nl A
Code Enforcement Detail Page 2 of 5
MAILED COPY OF ORDER AUTHORIZING
12-02-2015 13:31:37 COMMENT CODE
FORECLOSURE 1ST CLASS TO ADDRESS ON
EXPIRED FORWARDING ORDER FROM US POST
_.,,,,. - .._ ...._.... _ _..-4�,..----.... _ .......
OFFICE.
__
_
12-02-2015 13:31:06 PERFECTED LIEN
_ _ ..... ...._ .. ..................... . ........ ....
SENT MEMO TO CLERKS OFFICE TO PERFECT
LIEN.
COPY OF ORDER AUTHORIZING FORECLOSURE
11-20-2015 13:12:28 ACTION BY LIAISON
MAILED 1ST CLASS TO ADDRESS ON TAX
RECORDS.
11-19-2015 15:17:43 SET FOR HEARING
_. _. �. _
_
11-19-2015 13:11:51 SM OR CEB ORDER
___ ............. _ -- �._......_ -
ORDER AUTHORIZING FORECLOSURE GRANTED.
KAT READ BRIEF INTO RECORD.
11-19-2015 13:11:05 INSPECTORS HEARING NOTES
NO ONE WAS PRESENT FOR PO'S.
SM GRANT APPROVAL TO PROCEED.
COMPLIANCE INSPECTION CONDUCTED; NON
COMPLIANCE - STILL IN VIOLATION OF
11-14-2015 09:12:13 REINSPECTION
134-1.(K)(1; ADVERTISING Ft HOLDING OUT
FOR LESS THAN 28 DAY; HOMEAWAY.COM
LISTING #309489 - FB
RE INSPECTION CONDUCTED ON:
11-07-2015 10:14:59 REINSPECTION
134-1.(K)(1) NON COMPLIANCE - RESEARCH
CONDUCTED, HOMEAWAY.COM LISTING #309489
STILL ADVERTISING LESS THAN 28 DAYS. FB
11-03-2015 13:30:26 SENT TO LIAISON
ORIGINAL FILE TO LIAISON.CMARTIN
POSTED PROPERTY Et COURTHOUSE FOR
11-03-2015 12:59:10 POSTING OF NOV/NOH/MOTION/LTR
WINDSOR. SEE PHOTOS IN FILE Et
_...................
ATTACHMENTS. SIGNED AFFIDAVIT TO AD -MIN
_. __.
_
PREPARING POSTING AND MAILING
FOR NOTICE OF MOTION TO AUTHORIZE
FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDING a NOTICE OF HEARING TO
PO VIA FIRST CLASS MAIL.
PO: GROS JEAN-SEBASTIEN 8 TRHISA K
11-02-2015 14:02:49 ACTION BY ADMIN
ADD-1: 5000 GODFREY RD
CORAL SPRINGS, FL 33067
ADD-2: 8202 WILES RD
CORAL SPRINGS, FL 33067-1937
POSTING PACKAGE SENT TO INSPECTOR
- —
TO POST. CMARTIN
-
..... - - ..
PER USPS.COM CERTIFIED NOTICE OF
MOTION TO AUTHORIZE FORECLOSURE
AND/OR MONEY JUDGMENT PROCEEDING
SHOWS."RETURN TO SENDER"
'FORWARD TIME EXP RTN TO SEND*
11-02-2015 13:59:30 UNCLAIMED CERT MAIL ITEM
GROS
8202 WILES RD., CORAL SPRINGS, FL
CERT#: 7014 3490 0001 3900 0591
PO: GROS JEAN-SEBASTIEN £t TRISHA K
5000 GODFRY RD
CORAL SPINGS, FL 33067
_........ -, _- _ .
CMARTIN
..
RESEARCH SHOWS THAT PROPERTY IS STILL
BEING ADVERTISED FOR RENT FOR LESS THAN
10-31-2015 08:58:30 REINSPECTION
28 DAYS IN AN IMPROVED SUBDIVISON;
ADVERTISEMENTS ARE NIGHTLY/WEEKLY -
PASSED COMPLIANCE EVIDENCE TO KAT - FB
MAILED COPY OF NOTICE OF MOTION TO
AUTHORIZE FORECLOSURE AND/OR MONEY
JUDGMENT PROCEEDING 8 NOTICE OF
HEARING FOR 11/19/2015 HRG
CERT #7014 3490 0001 3900 0591
10-28-2015 14:06:45 ACTION BY ADMIN
PO: GROS JEAN-SEBASTIEN & TRISHA K
ADD: 5000 GODFREY RD
POMPANO BEACH, FL 33067.4148
MAILED CERTIFIED TODAY. CMARTIN
10-27-2015 16:45:53 MOTION BY COUNTY TO PROCEED
PREPARED MOTION FOR COLLECTION FOR
11-19-2015 SM.
10-16-2015 16:15:10 COMMENT CODE
a
httD:Jfeeov.monroecounty-fl.eov/eGovP]us/code/code dtl.asnx?case nn=CF.100500?0 Iidl701A
Code Enforcement
Detail
Page 3 of 5
EMAIL FROM POTENTIAL BUYER - TAX SALE
CANCELLED, HE STATED THAT PO HAS FILED
..0
NEW BANKRUPTCY ACTION.
-_ _ w
_......._..F G...-..—_...._ _
LIEN INSPECTION - NON COMPLIANCE -
REVIEW OF ADVERTISING, RATES OF $220 A
10-07-2015 16:09:12 REINSPECTION
NIGHT WITH MINIMUM STAY 15-28 DAYS
POSTED ON HOMEAWAY.COM, LISTING 309489 -
PROPERTY OWNERSHIP THE SAME -FB
09-29-2015 11:44:48 REASSIGN INSPECTOR
REASSIGNED TO FRANCIE FOR FOLLOW UP.
KAT EMAILED THE PERSON THAT INQUIRED THE
STATUS OF THE LIEN AND EXPLAINED THAT HE
09-29-2015 11:20:53 COMMENT CODE
COULD REQUEST MITIGATION IF HE DID
INFACT PURCHASE THE PROPERTY WITH A TAX
. --.. .w... _...... _ -� _........
CERTIFICATE.
_
- . ...
REVIEW OF ADVERTISING, PO CONTINUES TO
SHORT TERM RENT.
09-29-2015 11:19:12 REINSPECTION
HIS MINIMUM STAY IS 15 DAYS.
DAILY RATE 211.00 WEEKLY RATE 2600.00
.. __ .. _ _ _ ..__ _ . ,, ... _ _ __ ....,
FOUND 2 SITES - KAT
. .._ -�.._. m_..
09-29-2015 10:30:24 COMMENT CODE
—..... ... _
FINE CHANGED 134-1.(K)(1)
START DATE: 10/25/12 FINE AMT: 500.00
REPLY FROM COUNTY ATTORNEY;
IT IS THE COUNTY S POSITION THAT, AS OF
TODAY, THE PROPERTY AT 2273 SAN
SEBASTIAN DRIVE, BIG PINE KEY, IS
CURRENTLY SUBJECT TO TWO ACTIVE CODE
09-28-2015 10:22:57 COMMENT CODE
ENFORCEMENT LIENS RECORDED PURSUANT TO
CODE COMPLIANCE CASE NOS. CE10050020 AND
CE12070175. SEE FLA. STAT. § 162.09(3).
CASE HAS BEEN REOPENED - KAT
KAT RECEIVED INQUIRY REGARDING THIS
PARCEL... BEING SOLD FOR TAX DEED.
RESEARCH REVEALS THIS PROPERTY IS STILL
09-17-2015 10:21:35 COMMENT CODE
IN PROPERTY OWNERS NAME.
EMAILED RESEARCH REQUEST TO CA MORRIS
FOR RESEARCH OF BANKRUPCY ACTION AND
STATUS OF LIEN.
10 10 2014 11:49.37 CLOSE CASE EVENT
_ ......... _ _.-.... .__._...�.. ............... .......
PASSED FILE TO NICOLE FOR SCANNING.
_..... ... —----------
ma...� ..._w.__.�
EAMIL FROM LG TO RICH FIELDER.
THE PROPERTY SEARCH OF 2273 SAN
SEBASTIAN DRIVE, BIG PINE KEY SHOWED
THAT THE PROPERTY APPRAISER CONTINUES TO
LIST THE PROPERTY IN THE NAME OF THE
GROS. HOWEVER, THIS PROPERTY WAS
SURRENDERED (I IMAGINE THROUGH THE
BANKRUPTCY PROCEEDING) TO ONE OF THE 3
LENDERS THAT HELD MORTGAGES ON THE
10-10-2014 11:48:10 CLOSE CASE EVENT
PROPERTY. THE 2 ADJOINING LOTS (LOTS 46
Et 47 WERE NOT LISTED IN THE BANKRUPTCY
PETITION) ARE STILL OWNED BY THE GROS.
THE COUNTY'S LIEN ON PROPERTY LOCATED AT
2273 SAN SEBASTIAN DRIVE UNDER CODE CASE
CE10050020 WAS DISCHARGED WHEN THE
PROPERTY WAS SURRENDERED IN THE
BANKRUPTCY ACTION. SO A RELEASE FROM THE
COUNTY IS NOT NECESSARY.
—._.. _.... .._ .. _....... _. , ..
CLOSED CASE - KAT.
10-10-2014 11:47:24 COMMENT CODE
_ _ _._........ _... _
FINE CHANGED 134-1.(K)(1)
START DATE: 10/25/12 FINE AMT: 0.00
.F,.,.
09-10-2014 14:51.22 COMMENT CODE
�....v — - _ _ _....
ORIGINAL FILE - OCTOBER 2012
04-25-2014 16:38:17 REF TO TOURIST DEV TAX AUDITOR
REFERRAL TO TOURIST DEV TAX AUDITOR -
COMPLETE FILE WITH FINAL ORDER REQUESTED
ORIGINAL FILE (WITH PETER) .M
COUNTY ATTYS OFFICE (DEC 2012).
10-15-2013 11:14:03 COMMENT CODE
SUGGESTION OF BANKRUPTCY:
CE12070046 = 5327.05
CE12070175 = 2744.56
CE10050020 AS OF TODAY 180,515.35
02-20-2013 11:28:30 LETTER NON-PAYMENT/COMPLIANCE
MAILED 14-DAY COURTESY LTR.
500.00 PER DAY AS OF TODAY 118 DAYS =
59,000.00.
2500.00 ONE TIME FINE NOT PAID, PAYMENT
http://egov.monroecounty-fl.gov/eGovPlus/code/code
dtl.asnx?case no—CE10050020
IA
Code Enforcement Detail
Page 4 of 5
PLAN ACCEPTED BY COUNTY IN STIPULATION.
NO PAYMENTS RECIEVED.
COSTS TO DATE = 515.35.
LIEN AS OF TODAY = 62,015.35
FINAL ORDER AND STIP AGREEMENT RECORDED
WITH CLERK'S OFFICE ON 12/7/12 PER
COUNTY ATTY. DOC #1911125 BOOK 2602
12-07-2012 16:03:40 ORDER SENT TO MCCO FOR REC PAGES 1968-1974.
OTF NOT PAID PER AGREEMENT AND FINES
RUNNING.
11-16-2012 14:05:22 COMMENT CODE
ADDED FINE ON
_ ............... a ....... ..... — __._..__...
START DATE: 10/25/12 FINE AMT: 500.00
— .
. REINSPEC-
TION FOR COMPIANCE ON CHARGES
103-83. (B) AND 134-1. (K) (1) REVEAL
COMPLIANCE ON CHARGE 130-83.(B).
HOWEVER ADVERTISEMENT VRBO#34124
INDICATES A RATE OF $1,900.00-$3,900.00
11-15-2012 14:59:57 REINSPECTION
WEEKLY.
THEREFORE DAILY FINES TO ACCRUE ON
CHARGE 134-1.(K)(1) AS OF THE
COMPLIANCE
DATE OF 10/24/12.
EVIDENCE PASSED TO LIASION.
10-25-2012 12:44:41 COMMENT CODE
COSTS TO BE DETERMINED AND OTF IMPOSED.
_. ......
.....
STIPULATION TO CODE VIOLATION AND FOR
TIME TO COMPLY FOR FIRST TIME OFFENSES
SIGNED ON 10/24/12. COSTS IMPOSED UNTIL
COMPLIANT AND FINES IN THE AMOUNT OF
$500.00 FOR THE CHARGES OF 130-83. (B)
10-25-2012 12:07:16 STIPULATION AGRMT. SIGNED
AND 134-1(K)(1)PER COUNT PER DAY IF NOT
COMPLIANT BY 10/24/12. A ONE TIME FINE
OF $2,500.00 IMPOSED(APPROVED PAYMENT
PLAN TO 11 /25/15). NO REVIEW HEARING SET
AT THIS TIME. THE SM APPROVED THE STIP
_ . _.... _._
AGREE AND ADDED IT TO THE FINAL ORDER.
10 25 2012 12:......
06:27 COMMENT CODE
REC'D COPY OF SIGNED/NOTARIZED STIP PAGE
FROM MS. GROS TODAY.
--- _
_ ._ . -- ._ _
LIAISON REC'D SIGNED ORIG STIP AGREE
10-24-2012 16:34:30 COMMENT CODE
(STILL NEED SIGNATURE PAGE FROM MRS.
GROS)
REMINDER NOTICE OF HEARING FOR 10/25/12
10-04-2012 12:05:24 REMINDER NOTICE OF HRG SENT
MAILED TO PO VIA 1ST CLASS MAIL BY
LIAISON TODAY.
..,
10-04-2012 10:40:35 COMMENT CODE
._.._..._
PAYMENT FOR COPIES REC'D FROM PO
(RECEIPT # 02000009727).
09-27-2012 13:17:50 SET FOR
.
09-27-2012 12:17:41 CASE CONTINUED NO ACTION
CASE CONTINUED TO 10/25/12.
REQUEST FOR CONTINUANCE REC'D FROM MR.
GROS
09-19-2012 12:05:09 COMMENT CODE
COUNTY ATTY APPROVED CONTINUANCE TO
10/25/12. MR. GROS WAS INFORMED VIA
EMAIL BY LIAISON.
09-17-2012 13:17:20 COMMENT CODE
COPIES OF CASE FILE TO INSPECTOR AND
ORIGINAL TO LIAISON.
_ _
REQUEST FOR COPIES OF CASE FILE REC'D
VIA TELEPHONE BY LIAISON. COPIES OF ALL
09-05-2012 13:17:07 COMMENT CODE
THREE CASE FILES PROVIDED VIA EMAIL
WITH
...... _ _ _ _. _
INVOICE.
- — -
. _. _.... _
PASSED ORIGINAL FILE TO INSPECTOR FOR
08-13-2012 13:26:05 COMMENT CODE
REVIEW AND COMPLETION OF EXHIBITS
-TR
RECEIVED GOOD SERVICE 8/9/2012 PER
USPS.COM ON CERTIFIED FOR 09/27/2012
08-09-2012 13:24:59 COMMENT CODE HRG.
CERT#:7010 2780 0001 7746 1566
-TR .
htto://eEov.monroecountv-fl.eov/eCovP]us/code/code dtl,asnx?case nn=CF.1OO5OO70
1140016
Code Enforcement Detail
Page 5 of 5
08-08-2012 09:38:21 COMMENT CODE
08-07-2012 14:28:56 COMMENT CODE
08-07-2012 13:02:39 COMMENT CODE
08-07-2012 13:00:35 MAKE VIOLATION
08-07-2012 12:58:34 VACATION RENTAL INSPECTION
02-01-2012 16:45:50 VACATION RENTAL INSPECTION
10-26-2011 15:28:34 VACATION RENTAL INSPECTION
MAILED NOV/NOH VIA CERTIFIED TO PO FOR
09/27/2012 HRG.
CERT#: 7010 2780 0001 7746 1566
-TR
PREPARED NOV/NOH FOR 09/27/2012 HRG.
TO PO @ ADDRESS LISTED ON PRC AND
MATCHES MAILING ADDRESS ON TAX
COLLECTORS SITE
5000 GODFREY RD
CORAL SPRINGS, FL 33067
CERT#: 7010 2780 0001 7746 1566
PASSED TO DIRECTOR FOR APPROVAL TO
MAIL. -T. RUMBERGER
PASSED TO ADMIN FOR NOV/NOH PREPARATION.
MAKEVIO RECORDED SCHOENRO
VRI CONDUCTED. THREE OR FOUR VEHICLES
ON SITE AND TWO BOAT TRAILERS. NO
TRESSPASSING SIGNS POSTED. NO VISUAL ON
TAGS AS PROPERTY IS HEAVILY OVERGROWN.
PHOTOS TAKEN.
_------ ......_. -...... e.
VRI PHOTO TAKEN. NY TAG# AEN-1661 WHITE
SUV. NO TRESSPASSING SIGNS. NO ACCESS.
.................................. _.__-._m... w�.._... - ..-.,_—
VRI BLK MERCEDES VAN IN DRIVE -COULD NOT
SEE TO IDENTIFY TAG#. NO TRESSPASSING
POSTED.
10-06-2011
08:37:26
VACATION RENTAL INSPECTION
VRI-NO OCCUPANTS
03-17-2011
13:18:39
VACATION RENTAL INSPECTION
VR INSPECTION, NO OCC
01-06-2011
13:17:59
m...
VACATION RENTAL INSPECTION
w — -- ,..... . _ _ _. M
VR INSPECTION, NO OCC
........_._.-.�
12-03-2010 _
13:17:17
...
VACATION RENTAL INSPECTION
a M._ ..-._------ .a.
_ m.
VR INSPECTION, NO OCCUPANTS
09-17-2010
13:15:11
VACATION RENTAL INSPECTION
. _ .�..... _.. ...mm... _ �. � . ... . . ._......._..
VR INSPECTION, NO ONE ON SITE
05-05-2010
13:17:18
_ .
CREATE A CASE
_ __ .m.. ..__�......_-
�._.-_ COMPLAINT RECORDED BY PEACOCKV
02-08-2010
13:17:44
INITIAL INSPECTION TYPE
_�______-.. �..._ _ �.._._..
SITE VISIT - NO OCCUPANTS
Your privacy is important to us, for more information see our privacy polity.
Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved
htto:l/eeov.monroecounty-fl.eov/eGovPlijs/code/Code dtl.asnx?case nn=CF.100500?0 1140016
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: GROS JEAN-SEBASTIAN & TRIS A Case Number: CE10050020
5000 GODFREY RD
CORAL SPRINGS, FL 33067
Location: 2273 SAN SEBASTIAN DRIVE, BIG PINE KEY, FL 33043
Re Number: 00312573004600
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 02/08/2010
and subsequently found the following violation(s):
130-83.(b) - IMPROVED SUB- VACATION RENTALS
IT IS UNLAWFUL TO RENT OR USE A HOME IN AN
IMPROVED SUBDIVISION (IS) LAND USE DISTRICT AS A
SHORT TERM (LESS THAN 28 DAYS) RENTAL.
Corrective Action Required:
NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION IS
CONSIDERED TO BE IRREPARABLE/IRREVERSIBLE IN NATURE. CEASE
AND DESIST VACATION RENTALS IN THE IS DISTRICT.
134-L(k)(1) - VACATION RENTAL & ADVERTISING
IT IS UNLAWFUL FOR A PROPERTY OWNER, LANDLORD,
AGENT OR OTHER REPRESENTATIVE TO ADVERTISE, LEASE,
RENT OR HOLD OUT FOR RENT A HOME IN AN IMPROVED
SUBDIVISION (IS) LAND USE DISTRICT FOR SHORT TERM
RENTAL (LESS THAN 28 DAYS).
Corrective Action Required:
CEASE AND DESIST SHORT TERM RENTAL ACTIVITIES INCLUDING
ADVERTISING, LEASING OF, RENTING OF, OR HOLDING OUT FOR
RENT FOR LESS THAN 28 DAYS. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION IS CONSIDERED TO BE
IRREPARABLE/IRREVERSIBLE IN NATURE.
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( X ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 09/27/2012 at 9:00 AM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida.
( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A and
you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the
violation has been corrected prior to the hearing.
( X ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES ANDOR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: 1F YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
SCHOENROCK, TRACI
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
1 hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified
Mail, Return Receipt Request No.: 7010 2780 0001 7746 1566 on 08/ /12 .
Code Compliance Dep ent
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar
days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ".
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MONROE COUNTY FLORIDA
CODE ENF
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Complaint umber: CE k
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"' ., GROS JEAN-SEBASTIEN &
TRISHA K
o5000 GOOFREY RD
CORAL SPRINGS, FL 33067
CE10050020/NOV/ TS
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MONROE COUNTY FLORIDA,
Petitioner,
VS.
Respondent(s).
BEF °THE COUNTY CODE COMPLIANCE SPECIAL MrWl'STRATE
MONROE COUNTY, FLORIDA
Subject Property Real Estate Number.
DocN 1911125 12/07/2012 4:27PH
Filed & Recorded in Official Records of
FINAL ORDER
MONROE COUNTY ANY HEA ILIN
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspectors) and/or witnesses under oath, the following Findings of Fact and
Conclusions of Law are ORDERED:
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The Respondents) and/or Authorized Representative SIGNED A STIPULATION AGREEMENT WITH MONROE COUNTY were not present and did not contest
the violation(s) set forth in the Notice of Violation/Not)ce of Hearing which is incorporated herein as if fully set forth.
(.4 The Respondent(s) istare the owner(s) of property located within Monroe County and was/were duty noticed of the hearing.
Z (be Respondents) is/are in violation of the Monroe County Codes) as fully set forth in the Notice of VlolationlNotice of Hearing served upon the Respondent(s).
(v) The vioiation(s) is found to be irreparable or irreversible and a one-time fine of S 2500.00 is ORDERED, payable on or before 4112W15 (see payment plan as outlined in
agreement.
Pursuant to Section 162.07(2) of Florida Statutes all costs Incurred by the County In prosecuting the case Is ordered to be paid within thirty (30) days of compliance. Costs
will continue to accrue until compliance is achieved and the case Is closed. /
(v f The Respondent(s) shall comply with the Code(s) referred to in the Notice of VioiationINDWe of Hearing on or before �Q�o� �/ (-THE
COJAPLIANCE DATE-). T—
(fj In the event the violations) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN, finals) in the
dollar amount of $ , a
VlJ
1.3� 1� 6W $000 Docp 191I125
BkN 2602 P9t 1968
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) islare in violation istare hereby ORDERED. (PER AGREEMENT)
( ) It is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the
Respondent(s) with the cost of repairs Incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s) were in violation of the MONROE COUNTY Codes) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come Into compliance
on or before THE COMPLIANCE DATE but are now In compliance. The Respondents) shall pay the total amount of cost and/or fines ($ 1 to
Monroe County Code Compliance within thirty (30) days of this Order.
(STIPULATION AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN.
DocN 2055457
BkN 2772 PgN 569
In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order 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. The County may institute foreclosure
proceedings If the Alen remains unpaid for three months and/or may sue to recover money judgment for the amount of the Alen plus accrued interest Please make checks
payable to Monroe County Code Compliance and mall to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050.
IT IS THE RESPONDENTIS) RESPONSIBILRY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT Of CALLING CODE COMPLIANCE 51 d5
HOO6 FOR
THE UPPERKEYS: 0 28 • R THE MIDDLE KEYS 3 OR THE LOWER KEYS.
DATED this day of20
JohnRnLa I Magr
Page 1 of 2
M
Docn 2055457
FINBkp 2772 Pgp 570
AL ORDER PAGE 2
CASE Ni.]M13ER: CE10050020
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
GROS JEAN-SEBASTIAN & TRISHA
5000 GODFREY RD
CORAL SPRINGS, FL 33067
Location of Subject Property:
2273 SAN SEBASTIAN DRIVE
BIG PINE KEY, FL 33043
RE NUMBER: 00312573004600
Docq 1911225
Bkp 2602 Pgp 1969
CERTIFICATE OF ORDER
I hereby 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 with the Monroe
County Property Appraiser's Office as referenced above and/or Authorized Representative
0e %, f on this 771 day of _ f' 20A_.
Nicole M. Petrick, Liaison
PAGE 2 of 2
Doca 2055457
Bka 2772 Pga 571
MONROE COUNTY CODE COMPLIANCE
SPECIAL. MAGISTRATE
Monroe County Code Compliance
Petitioner
vs.
Jean-Sebastien and Trisha K Gros
Respondent(s)
Doca 1911125
Bka 2602 Pga 1970
CE10050020
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME
OFFENSES
In the matter of:
Re# 00312573-004600
Jean-Sebastien and Trisha K Gros (hereinafter referred to jointly and severally as
"Respondent(s)") and Monroe County Code Compliance ("Petitioner'), by and through
the undersigned individuals, hereby agree and stipulate to the following:
Respondent(s) agrees that I/we received the Notice of Hearing
issued in this case, and that a hearing is scheduled to be heard on October 25, 2012 to
determine whether the charges alleged in the Notice of Violation and Notice of Hearing
are accurate and supported by substantial evidence ("Hearing").
2. Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter. Respondent(s) understands that
he/she could appear at the Hearing and contest any evidence to be submitted by Code
Enforcement. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
(a) He/she need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respondent(s); and
11
41ALr
DocN 2055457
BkN 2772 PgN 572'Y
(b) Any evidence in the Code Enforcement file will be deemed the record
in the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
Statutes.
3. The Respondent(s) understand that the use of this property as a
short term vacation rental is a threat to public health, safety and welfare and the
violations are irreparable and irreversible in nature; therefore a one-time fine in the
amount of $2,500.00 is payable in twenty five equal payments of $100.00 with the
first payment being due on Novemb r 25 2012 and each subsequent payment made
on or before the 25 h of each month until the final payment is made on or before
November 25, 2015.
4. The Respondent(s) agrees to immediately cease and desist all
short term vacation rental(s) of this property and terminate all rental contracts for less
than 28 days and provide proof of same on or before October 24, 2012.
5. Respondent understands that a fine of $1,000.00 per day shall
accrue daily if the short term rental(s) continue as follows:
130-83.(b) It Is unlawful to rent or use a home In an
Improved Subdivision (IS) Land Use District as a
short term (less than 28 days) rental.
$500.00 per day
6. The Respondent(s) also understands that a fine of $500.00 per day
shall accrue daily if the violation of advertising is not brought into compliance by
October 24, 2012.
DocN 1911125
BkN 2602 PgN 1971
M
Docq 2055457
�t Bka 2772 Pga 573 If
134-1.(k)(1) It is unlawful for a property owner,
landlord, agent or other representative to
advertise, lease, rent or hold out for rent a home
as a short term (less than 28 days) rental where it
IS prohibited. DoeN 1911125
Bkq 2502 Pgq 1972
$500.00 per day
7. The Respondent(s) agree to pay all costs incurred in prosecuting
the case within 30 days of compliance and that such costs shall be imposed as a lien
under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b).
8. Respondent(s) specifically agree that this Stipulation Agreement
shall be recorded in the public records of the County and shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violations of
Monroe County Codes 130-83.(b)., 13441(k)(1) exists. This Stipulation Agreement shall
be recorded as a lien against the property and upon any other real or personal property
owned by the Respondent(s) if the property is not brought into compliance by the date
specified in paragraph 3, 4, and 6.
9. Respondent(s) agrees and represents that Respondent(s) entered
into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
10. The parties understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with Traci Schoenrock by the end of business October 24, 2012.
DocN 2055457
BkN 2772 P9N 574
By signing this Stipulation both parties represent that they have READ, UNDERSTOOD,
AND CONSENT to its terms and conditions.
Z3/e
S
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
`T1CQJ0zSwho, after
first being sworn by me, affixed his/her signature
(name of individual signing) in space provided
above on this � day of 20J-2—
IZDe" INS tie) :7111
My 110
- _
GLENDA DECELESTINO
Notary Public, State of Florida
Commissionil EE 167453
My comm. expires April 9, 2016
of fir (+Bounty) / Date
Print name
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
Doc# 1911129
BkN 2602 P9N 1973
Signature of Respondent(s) / Date
Print Name
STATE OF _
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
who, after
first being swom by me, affixed his/her signature
(name of individual signing) in the space provided
above on this day of 20
NOTARY PUBLIC
My commission expires 20 :
to I aq I iz
who, after
first being sworn by me, affixed his/her signature
(name of individual signing) in the space provided
above on this a9,r& day of 20%2
NOTARY PUBLIC
-s��
`�-
NICDLE M. PETRICK
&
NotPublic -State of Floj
?�®-,?
My Comm. Expires Dec 12,
Commission # DD 91799Bonded Through National Notary
DocN 2055457
BkN 2772 PgN 575
By signing this Stipulation both parties represent that they have READ, UNDERSTOOD,
AND CONSENT to its terms and conditions.
Signature of Respondent(s) / Date
Print Name
STATE OF _
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the
Signature of Resppondent/(ss) / Date
Print Name
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the
undersigned authority, undersi ed autho ' ,
who, after \ '- S who, after
first being sworn by me, affixed his/her signature first being sworn by me, affixed his/her signattu e
(name of individual signing) in the space provided (name of individ signing) in s ace providQ
above on this day of 20 ve on this day o 20 1
NOTARY PUBLIC NOTAR I
My commission expires 20_: My commission exp' 20U 6
a"MENAl a
JOHANNE VILLENEUVE CUSICK
-r° Notary Public - State of Florida
Sign f Petltlone o ty) / Date 'e My Comm. Expires Jul 7, 2015
Commisolon #r EE 110342
Print name`Bonded Through National N*gAssn.
STATE •
COUNTYOV
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
�ng %9C1iX'V-OC4----) who, after
first being sworn by me, affixed his/her signature
(name of individual signing) in the space provided
bove oR this cZ57,— day of LW— 20167
NOTARY UBL C
MONROE COUNTY
OFFICIAL RECORDS
DocU 1911125
BkN 2602 PgN 1974
"""•.., NICOLE M. PET:CK
�,rN,. PB°`t: Notary Public - Statida?My Comm. ExpiresD013Commission #r DO5Bonded Through Nationalssn.
STATE OF FLORIDA
Windsor -Kathleen
From:
Granger -Lisa
Sent:
Thursday, October 09, 201411:11 AM
To:
Rich Fielder (rich@truetitleagency.com)
Cc
Richard Malafy (rmalafy@msn.com); Windsor -Kathleen; Williams -Steve
Subject:
Jean Sebastian Gros & Trisha Gros
Rich,
I have review the history of the ownership of the properties formerly owned by Mr. and Mrs. Gros on
which the county has code liens. The property search of 2273 San Sebastian Drive, Big Pine Key showed that
the Property Appraiser continues to fist the property in the name of the Gros. However, this property was
surrendered (I imagine through the bankruptcy proceeding) to one of the 3 lenders that held mortgages on
the property. The 2 adjoining lots (lots 46 & 47 were not listed in the bankruptcy petition) are still owned by
the Gros. The County's lien on property located at 2273 San Sebastian Drive under code case CE10050020 was
discharged when the property was surrendered in the bankruptcy action. So a release from the County is not
necessary.
As we know the property located at 661 Pine Lane is now owned by Jill B. and Gregg Z. Dillingham
through foreclosure and certificate of sale and title. Thus as an operation of the final judgment and certificate
of sale and title, the County's lien on the property located at 661 Pine Lane under code case CE12070046 was
extinguished. So a release from the County is not necessary.
The Gros do not now nor for the last 30 years have they owned the property located at 651 Pine Lane,
Big Pine Key but he was named as the violator in code case CE12070046. The property owner's name on the
county's records was listed in error as lean Sebastian Gros. This case gained compliance before daily fines
accrued. However a one time fine of $2500 was imposed against Mr. Jean Sebastian Gros which remains
unpaid. In my opinion with the correction of the property ownership on this property a release should not be
necessary.
Please let me know if this email answers all of your questions. Thank you.
Assistant County Attorney
Monroe County Attorney's Office
111112ih Street Suite 408
Key West, Florida 33040
(305)M-3470
Please note: Florida has a very broad public records law. most written communications to or from the County
regarding County business are public record, available to the public and media upon request. Your e-mail
communication may be subject to public disclosure.
I
Windsor -Kathleen
From:
Morris -Peter
Sent:
Friday, September 25, 2015 4:36 PM
To:
Windsor -Kathleen
Cc:
Williams -Steve
Subject:
RE: CE12070175 Gros Liens CE10050020
El
I have had an opportunity to review the subject Code Compliance liens, the private lender foreclosure action against Mr.
and Mrs. Gros, the litigation surrounding Mr. and Ms. Gros's federal bankruptcy petition, and the subject properties'
ownership changes over the course of and subsequent to the recording of our (County) Code Compliance liens. My
findings are as follows:
Jill, I I 111 7111 �l!! glyplr�lpl 111 IN 111 1
JIM M
relating, in part, to property located at 661 Big Pine Key.
I
to the foregoing reasons, reasonable reliance may (further) not be established for the purpose of asserting estoppel in
this instance, on the basis that although all "Lien Releases" are public records, not all public records are
II
1
Peter Morris
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470
(305) 292-3516 (fax)
Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not
wish for your email address to become a public record, use the telephone or some other method of conveying your message.
From: boatre@comcast.net [mailto:boatre@comcast.net]
Senn: Tuesday, September 22, 2015 8:49 AM
To: Windsor -Kathleen
Cc: Williams -Steve; Morris -Peter
Subject: Re: CE12070175 Gros Liens CE10050020
I understand completely. Currently, the county records show that the lien of record for CE10050020
was removed on 10/10/14, when the fine was amended to zero, and the case was closed. The
recording of a "lien release" is merely the perfunctory act of placing a notice of record, informing
everyone of the actual closing of the case which was done on 10/10/14.
As you know, I was not informed of a possible attempt by the County to retroactively change the
status of this lien (from "closed" to "active") until yesterday afternoon. (about 40 hours before the
scheduled Tax Sale).
Since it is doubtful that Code Enforcement will convince the County Clerk to postpone the sale, I am
forced to rely on the Public Record that now exists, (Code Enforcement Detail CE10050020), when I
attend this sale.
Assuming that I am the successful bidder, I will assert an estoppel, as to any attempt to by the County
to assert a "revived lien".
As you know, the tax sale process is the device used by local government to secure a timely payment
of revenue, need by the County to pay its current expenses. Investors who provide this stream of
revenue should be entitled to rely upon public records, as exist, at the time of the sale.
Mark F. Peterson
847-452-0778
boat[g@.comcast.net
From: "Windsor -Kathleen" < i sor _ r c u t_ . ov>
To: " r _c c_ s. " < _ c t>
Cc: "Williams -Steve" < ili s r v>, "Morris -Peter" < rris-
- t r _ r La >
Seat: Monday, September 21, 2015 5:02:14 PM
Subject: RE: CE12070175 Gros Liens CE10050020
■
Exclilsive waterfront acre rroperty... - HomeAway Big Pine Key
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Exclusive waterfront acre Property... - HomeAway Big Pine Key
Page 2 of 13
Heated private pool ovedookmg the rater and property 1 of 22
Request to Book Request to Book
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Sleeps
10
Bedrooms
2
Bathrooms
2
Pro
house
Minimum StaT..
Y
15 - 28 nigits"
Overview
Big Pine Key House Rental Photos and Description
The Overlook sleeps 10+ people
'The Overlook' at Big Pine Key is an exclusive private waterfront pool(heated) home located next to the Blue Heron and Key
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Amenities: - Swimming Pool
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Located in a private, natural setting
$220
avgtrught
3eWed Prate
Does not meet mammum stay
1'11142015 1121/2015
Please stay a httle longer A
stay of 15 nights or more is
required for these dates.
adults
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to Book
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Sleeps
Bedrooms
Bathrooms
Property gape
Minimum Stay
10
2
2
house
15 28 nights
Jean-Sebastien Gros
Member since: 2004
Speaks: english,french,spanish
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to Book
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Response time:
Within 2 days
Response rate:
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Calendar last updated:
September 17, 2015
Call Owner
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Windsor- Kathleen
From:
Boellard-Francie
Sent:
Saturday, November 14, 2015 10:01 AM
To:
Windsor -Kathleen
Cc:
McPherson -Cynthia
Subject:
C10050020 - GROS - 2273 San Sebastian dry
Kat
I conducted the compliance inspection and their ad is still running in homeaway.com for less than 28 days. I also sent an
email to inquire about renting for less than 28 days. Jean Sebastian Gros provided me a rental quote of $3093.75 for 7
days including all taxes and fees.
I have been keeping a dummy file of all my evidence and I updated E-GOV.
Have a nice day!!
FRANCIE BOELLARD
CODE COMPLIANCE INSPECTOR
Ph: (305) 289-2589
Fax: (305) 289-2858
E-mail: boellard-francie@monroecounty-fl.gov
BRIEF FOR CE10050020—___'OTION FOR COLLECTIONS 11-19-2015
Kathleen Windsor.
Monroe County Code Enforcement
Subject Property - 2273 SAN SEBASTIAN DR BIG PINE KEY
Lien(s) f d"becember ; --2Q12 and remains unpaid.
roperty is NOT in compl nce.
*is Lien 560,209.39 as of yesterday. 4
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed Cert Mail on October 28, 2015 to
address on PRC, and subject property and courthouse were posted on November 3, 2015,
as well as 1 St class mail. Additionally the 1't class it item was returned i forwarding
County is asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Code Compliance Final Order/Lien in this case, which was recorded in
the Official Records of Monroe County on December 7, 2012.
BRIEF MOTION FOR COLLECTIONS CE10050020 GROS.docx
BEFORE CODE CONYLL4,NCE SPECIAL MAGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE10050020
JEAN-SEBASTIEN GROS and )
TRISHA K GROS , )
Respondent(s). )
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING
Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to
F.S. 162.09(3), to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final
Order/Lien in this case, which was recorded in the Official Records of Monroe County on December 7, 2012, Book
2602, Page 1968 on the property that was the subject of the code compliance action described as: 2273 SAN
SEBASTIAN DRIVE BIG PINE KEY, FL 33043, MONROE COUNTY, FLORIDA, RE# 00312573004600, and
upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien
as of October 27, 2015 is $549,031.55 (fines and costs) which continue to accrue and increase until the case is
compliant and closed. This motion will be considered on November 19, 2015 at the Marathon Government Center,
2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050.
Steven T. Williams
Assistant County Attorney
1111 12`h Street Suite 408
Key West, Florida 33040
(305) 292-3470
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
I hereby certify that on this day of C.20 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No. to
5000 GODFREY RD CORAL SPRINGS, FL 33067.
Code Compliance Department
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding, please contact the County Administrator's Office, by phoning (305) 2924441, between the hours of 8:30 a.m. - 5:00 p.m.,
no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". lop,
31% s
County of Monroe
Growth Management Division
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289-2810
FAX: (305) 289-2536
JEAN-SEBASTIEN GROS AND SlAiIAAAAAA� K GROS
5000 GODFREY RD
CORAL SPRINGS, FL 33067
Oct 27, 2015
Subject: Code Case: CE10050020
Location: 2273 SAN SEBASTIAN DRIVE BIG PINE KEY, FL 33043
Dear Property Owners,
Board of County Commissioners
Mayor Danny L. Kolhage, Dist.I
Mayor Pro Tern Heather Carruthers, Dist. 3
George Neugent, Dist. 2
David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien(s) against your
property as a result of the above referenced code compliance actions. This lien is a lien on the property that was
the subject of the code compliance action and upon any and all other real and/or personal property you own.
Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
November 19, 2015. The purpose of this hearing is to consider approval to initiate collection proceedings,
(complaint for foreclosure and/or money judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the
property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the
appropriate location.:
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
If this case involves a Sewer Connection, and you have achieved compliance, please contact Inspector Mallory
Jones at (305) 289-2540.
Additionally, pursuant to F.S. §162.07(2), the County is entitled to recover all costs incurred in prosecuting the
case and those costs are included in the lien authorized under F.S. § 162.09(3). These costs will continue to accrue
until the violations are corrected and the case is closed.
Respectfully yours,
Kathleen Windsor
Sr. Code Compliance Research Analyst
Win sor-ka leen onroecoun�- ov
■
MONROE COUNTY FLORIDA
CODE ENFORCEMENT DEPARTMENT
REGINTI
REq1101
Complaint Number: CE
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GROS JEAN-
SEBASTIEN AND TRISHA K
5000 GODFREY RD
C3
POMPANO BEACH, FL 33067-4148
CE10050020/NTCMTN/KW
MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE10050020
I, , Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: GROS JEAN-SEBASTIEN & TRISHA, described as 2273
SAN SEBASTIAN DRIVE, BIG PINE KEY, FL 33043, having the property REM 00312573004600 with the
Notice of Motion to Authorize Foreclosure and/or Money Judgment Proceedings & Notice of Hearing for this
case with a Hearing Date of 11/19/2015.
THIS NOTICE WAS POSTED AT:
SUBJECT P OP -RTY AS STATED ABOVE
Date: If 2>11-__ Time:
Monroe County Courthouse — 500 Whitehead Street, Key West, Florida
Date:
Time:
Monro
e Coun y Co irthouse 3117 Overseas Highway, Marathon, Florida
Date: _ Time: YKI
Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida
Date:
Sworn to and subscribed before me this 2—± day
NICOLE M. 3nBRl dh�d ta,ss PETRICK
+; MY C(A4,JISSION A FF 08068
R. December 30,217EXPfR ndwtecBonded "-aip Pubric U
CERTIFICATION OF MAILING:
Time:
Notary Public, State of Florida
I, CHERYL MARTIN JONES, Monroe County Code Compliance, declare under penalty of perjury, that I
mailed a duplicate copy of the above -mentioned Notice via First Class Mail to: GROS JEAN-SEBASTIEN &
TRISHA, 5000 GODFREY RD, CORAL SPRINGS, FL 33067.
dd Signature:
Sworn to and subscribed before me this day 20
••• Notary Public, State of Florida
.M• 7 NICOLE M. PETRICK
.: MY COMMISSION 6 FF 080268
•' EXPIRES: December30, 2017
Bonded Thru Notary Public Undeiw iteem
9
MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE10050020
1, , Monroe County Code Co fiance, declare under penalty of
perjury, that I posted the property owned by: GROS JEAN-SEBAS N & TRISHA, described as 2273
SAN SEB STIAN DRIVE, BIG PINE KEY, FL 33043, having the perty REM 00312573004600 with the
Notice of Motion to Authorize Foreclosure and/or Money Judgm Proceedings & Notice of Hearing for this
case with a Hearing Date of 11/19/2015.
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED AB
Date: Time:
Monroe County Courthouse — Whitehead Street, Key West,
Date: Time:
Monroe County Cou ouse — 3117 Overseas Highway, Mar hon, Florida
Date: Time:
Plantation y Courthouse — 88820 Overseas Hig ay, Tavernier, Florida
Date: - Ti
Signature:
and subscribed before me this y of
20
Notary Public, State of Florida
CERTIFICATION OF MAILING:
I, CHERYL MARTIN JONES, Monroe County Code Compliance, declare under penalty of perjury, that I
mailed a duplicate copy of the above -mentioned Notice via First Class Mail to: GROS JEAN-SEBASTIEN &
TRISHA, 8202 WILES RD, CORAL SPRINGS,- .
Signature. -
Sworn to and subscribed before me this day of _ ; 20
,�nYfiyy, NICOLEM.PETRICK Notary Public, State of Florida
4. r MY COMMISSION 6 FF 080268
,`• a EXPIRES: December 30, 2017
r Rf,Fr Bonded Thru Notary Pubrc Underwriters
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
VS.
JEAN-SEBASTIEN GROS and
TRISHA K GROS ,
Respondent(s).
Case No.: CEI0050020
ORDER AUTHORIZING FORECLOSURE
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has
remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED
that the office of the Monroe County Attorney may institute foreclosure and/or money judgment
proceedings to recover the amount of the lien plus accrued interest.
DONE AND ORDERED this y o 0 _ at the Marathon
Government Center, Marathon, Florida.
John G. Van Laningham
Special Magistrate
CERTIFICATE OF ORDER
I her by ce that this is a. a and correct co of the above Order.
� �� PY
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
Appraiser's Office as referenced a ove and/o Authorized Representative
on this day of 20
Nicole M. Petrick, Liaison
Lffode F-nforcement Flhes,1746 VN, "0
Mill
Case Number ICEIOGSM Origination I I - PHONE CALL
RE 100312ST3W4600 Board ISM - SPECIAL MAMSTRATE
Address 12273 SAN SEBASTIAN DROVE Total Fines 1 583000VIMIt
Ohig-t], =-, g
Ordinance Coje-
DateOrderad 11op—wou--AT
comply BY
Fine Start 1100/20112
Daily Fine
Number of Days 11
Suspended Days
CurrentFine 583000-0-0
Complied Date
SettleArnount
Settle Date
Amount Paid 0,
—Data Paid
I Ot25;2012,
110124rAl2 tA
500D0000
0
1— St j 9 p end Days
0:14f
Property Search -- Monroe County Property Appraiser
Page 1 of 4
Key West (305) 292-3420
Marathon (305) 289-2550
Plantation Key (305) 852-7130
Website tested on IE8, 1E9, & Firefox.
Property Record Card - Requires Adobe Flash 10.3 or higher
Maps re now launching the new mapis e .
Mailing Address:
GROS JEAN-SEBASTIEN AND TRISHA K
5000 GODFREY RD
POMPANO BEACH, FL 33067-4148
PC Code: 01 - SINGLE FAMILY
Millage Group: 100H
Affordable Housing: No
Section -Township- 14-66-29
Range:
Property Location: 2273 SAN SEBASTIAN DR BIG PINE KEY
Subdivision: DOCTORS ARM 3RD ADD SEC C
Legal Description: BK LT 45 DOCTOR'S ARM SUBD. 3RD ADD'N. SECTION C BIG PINE KEY P136-41 OR587-384 OR985-2039 OR1008-
1831 OR1874-1783
ImageClick Map pn interactive vi< w
Property Search -- Monroe County Property Appraiser
DetailsLand
Page 2 of 4
Land Use Code Frontage Depth Land Area
010C - RESIDENTIAL CANAL 60 100 6,000.00 SF
Number of Buildings: 1
Number of Commercial Buildings: 0
Total Living Area: 1152
Year Built: 1987
Building 1 Details
Building Type R1
Condition A
Quality Grade 450
Effective Age 18
Perimeter 144
Depreciation % 24
Year Built 1987
Special Arch 0
Gmd Floor Area 1,152
Functional Obs 0
Economic Obs 0
Inclusions: R1 includes 1 3-fixture bath and 1 kitchen.
Roof Type GABLE
Roof Cover ASPHALT SHINGL
Foundation CONC PILINGS
Heat 1 FCD/AIR DUCTED
Heat 2 NONE
Bedrooms 3
Heat Src 1 ELECTRIC
Heat Src 2 NONE
Extra Features:
2 Fix Bath
0
Vacuum
0
3 Fix Bath
2
Garbage Disposal
0
4 Fix Bath
0
Compactor
0
5 Fix Bath
0
Security
0
6 Fix Bath
0
Intercom
0
7 Fix Bath
0
Fireplaces
0
Extra Fix
1
Dishwasher
0
40 FT, LLF 40 FT.
5?0 -106
k
628,158
11 FT 13 FT..
FT 2?'FT. EPS 22FT.
528 - 92
$FT '4FT.
Sections:
32 FT'
32 FT.
592 - 304 ---4 FT
mom
OIAI 48 FT_ 48FT.
40-29 62FT.
MT
LOFT. 10FT
FT,
20 FT 24 FT
SPX
10 FT 24MO 10 FT.
4 FT 24 FT 4 FT-
Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area
0 O.U.0 1 1988 40
httn•//www mrnnfl nra/PrnnQPPrrh ncnv
Property Search -- Monroe County Property Appraiser
Page 3 of 4
0
OUF
1
1988
592
0
EPB
1
2006
528
0
OPX
1
2006
628
0
LLF 1:WD FRAME
1
1988 Y
520
5
FLA 1:WD FRAME
1
1988 Y
1,152
6
SPX 1:WD FRAME
1
1988
240
Nbr
Type
# Units
Length
Width
Year Built
Roll Year
Grade
Life
0
AC2:WALL AIR COND
1 UT
0
0
2008
2009
1
20
0
TK2:TIKI
24 SF
8
3
2008
2009
1
40
0
PT2:13RICK PATIO
192 SF
16
12
2006
2007
3
50
1
DK&CONCRETE DOCK
480 SF
60
8
2008
2009
2
60
2
UB2:UTILITY BLDG
80 SF
8
10
1994
1995
2
50
THIS HOUSE (AS OF THE FIELD INSPECTION) HAS A TOTAL AND COMPLETE SEPARATE UNIT DOWNSTAIRS, INCLUDING A KITCHEN AND
BATHROOM. CPC/LHK 01/01/89 2001/09/20. CHANGED OUF TO SPX, EFF AGE 2 TO 1, CONDITION A TO G. 033/066
SINCE THIS IS NOT A LEGAL DUPLEX, CHG FRM 08 TO 01, FLA TO LLF, NL
3/25/11 - CHANGE CPX TO EFB, TWO WALLS WOOD FRAME, BRICK PATIO FLOORING, USED AS PORCH (SA)
3/25/11 - 1 EX FIX AT TIKI/DOCK (SA)
2011/10/11 5 YEAR CK
Building Permits
Bldg Number
Date Issued
Date Completed
Amount
Description
Notes
1 8717767
06/01/1987
11/01/1987
50,160
Residential
SFR
8718565
08/01/1987
09/01/1987
5,000
Residential
DECKING
8718656
09/01/1987
10/01/1987
5,280
Residential
DOCK -PILINGS
8718765
09/01/1987
10/01/1987
1,824
Residential
CONCRETE SLAB
87-1073
12/01/1987
11/01/1988
2,900
Residential
ENCLOSURE -STORAGE
031943
05/14/2003
07/16/2003
500
Residential
LOWER ENCLOSURE
06100201
01/09/2006
200
Residential
REPLACE STAIR TREADS
HistoryParcel Value
Certified Roil Values.
Roll Total Bldg Total Misc Improvement Total Land Total Just (Market) Total Assessed School Exempt School Tax.
Year
Value
Value
Value
Value
Value
Value
Value
2015
166,533
8,891
153,000
328,424
328,424
0
328,424
2014
158,163
8,288
159,000
325,451
325,451
0
325,451
2013
162,021
8,433
156,000
326,454
326,454
0
326,454
2012
163,786
8,640
132,000
304,426
304,426
0
304,426
httn•/hanxnxi mrnafl nra/Prnn4Z orb ocn.. a ;A ONn a i
Property Search -- Monroe County Property Appraiser
Page 4 of 4
2011
165,713
8,843
139,500
314,056
314,056
0
314,056
2010
143,226
2,880
169,500
315,606
315,606
0
315,606
2009
144,872
2,999
160,500
308,371
308,371
0
308,371
2008
197,800
3,164
213,000
413,964
413,964
0
413,964
2007
274,265
3,282
250,500
528,047
528,047
0
528,047
2006
229,918
2,875
243,000
475,793
475,793
0
475,793
2006
240,251
2,972
237,000
480,223
480,223
0
480,223
2004
179,498
3,105
120,000
302,603
302,603
0
302,603
2003
191,078
3,202
66,000
260,280
191,673
25,000
166,673
2002
147,324
3,334
66,000
216,658
178,551
25,000
153,551
2001
132,382
3,431
42,000
177,813
167,590
25,000
142,590
2000
132,382
3,661
42,000
178,044
163,953
25,000
138,953
1999
123,842
3,518
30,000
157,359
155,962
25,000
130,962
1998
119,571
3,524
30,000
153,095
153,095
25,000
128.095
1997
119,317
2,551
30,000
151,869
151,869
25,000
126,869
1996
119,317
2,654
30,000
151,971
151,971
25,000
126,971
1995
125,092
2,722
30,000
157,814
157,814
0
157,814
1994
104,679
2,406
30,000
137,085
137,085
25,000
112,085
1993
104,781
2,463
30,000
137,244
137,244
25,000
112,244
1992
108,333
2,551
30,000
140,884
140,884
25,000
115,884
1991
108,333
2,608
30,000
140,942
140,942
25,000
115,942
1990
108,333
2,696
30,000
141,029
141,029
25,000
116,029
1989
94,203
2,394
21,900
118,497
118,497
0
118,497
1988
46,021
1,999
22,200
70,220
70,220
0
70,220
1987
0
0
16,500
16,500
16,500
0
16,500
1986
0
0
16,500
16,500
16,500
0
16,500
1985
0
0
16,320
16,320
16,320
0
16,320
1984
0
0
16,320
16,320
16,320
0
16,320
1983
0
0
16,320
16,320
16,320
0
16,320
1982
0
0
11,996
11,996
11,996
0
11,996
understanding.NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a
recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your
patience and
Sale Date
Official Records Book/Page
Price
Instrument
Qualification
3/31/2003
1874 / 1783
425,000
WD
M
4/1/1987
1008 / 1831
34,500
WD
U
This page has been visited 107,440 times.
Monroe County Property Appraiser
Scott P. Russell, CFA
P.O. Box 1176 Key West, FL 33041-1176
httn-//www mrnafl nra/PrnnRParrh aenv I iAice. I.