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Item O3County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: 0.3 Agenda Item Summary #2695 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against Mark S. and Mark S. Berta Jr. and the property located at 242 Oleander Drive, Key Largo, and upon any and all other real and /or personal property owned by Mark S. and Mark S. Berta Jr. if necessary, to gain compliance and to enforce the lien arising from code compliance case number CE16060028. ITEM BACKGROUND: On June 10, 2016 a Stop Work Order was posted at the subject property and on June 14, 2016 a courtesy letter was mailed to the property owners. Following several re- inspections and a referral from the Building Department a Notice of Hearing/Notice of Violation was mailed to the address on the tax records certified mail for a hearing to be held August 25, 2016. On August 19, 2016 the property owners, Mark S. and Mark S. Berta Jr., acknowledged the hearing date and entered into a "Stipulation to code violation and for time to comply for first time offenses" agreement with Monroe County agreeing to the violations as cited: MCC Sec. 110- 140.(1) — To -wit: PERMITS, APPROVALS, AND FINAL INSPECTIONS ARE REQUIRED FOR THE FOLLOWING: 1) DEMOLITION OF THE OLD SCREEN PORCH, WOOD DECKING AND RAILINGS 2) NEW ADDITION TO MOBILE HOME 3) NEW ENCLOSURE OF SCREEN PORCH 4) ALL FENCES AND WROUGHT IRON GATE 5) STORAGE CONTAINER WITH A/C 6) POOL /SPA • MCC Sec. 130 -186. - MINIMUM YARDS /SET BACKS To -Wit: ITEMS IN THE FRONT, REAR, AND SIDE YARDS SETBACKS MUST BE REMOVED. 1) RECREATIONAL VEHICLE 2) FLAT BED TRAILER W /SHED MCC Sec. 17 -2(a)* - INOPERATIVE VEHICLES - WHITE COMPACT VEHICLE WITHOUT LICENSE PLATE. • MCC Sec. 17- 6.(b)(5)* - EQUIPMENT PARKING /STORAGE — To -wit: CONSTRUCTION EQUIPMENT SUCH AS BOBCATS, BACKHOE, DUMP TRUCK AND CONSTRUCTION TRAILER ARE PROHIBITED UNTIL VALID PERMIT IS OBTAINED. REMOVAL IS REQUIRED. • MCC Sec. 21 -20(a) — To -wit: THIS PROPERTY NEEDS TO BE CLEANED OF ALL TRASH & DEBRIS. LISTED BELOW BUT NOT LIMITED TO; 1) HOUSEHOLD GOODS AND FURNITURE 2) APPLIANCES AND FIXTURES 3) DEMOLITION DEBRIS (WOOD, BOARDS, CONCRETE, ROCKS) 5) LANDSCAPING DEBRIS SUCH AS CUT TREES, LOGS, AND LIMBS • MCC Sec. 6- 27.(b)(2)c - UNSAFE PARTIALLY DESTROYED — To -wit: THE PARTIALLY DESTROYED SCREEN PORCH HAS BEEN DEEMED UNSAFE BY THE BUILDING OFFICIAL They further agreed to a compliance date of September 22, 2016 with a daily fine(s) of $650.00 if compliance was not achieved by that date. At the hearing 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 September 22, 2016, therefore the fine(s) began to accrue and the Final Order was recorded as a lien September 29, 2016. All attempts by staff to persuade the property owners to comply have failed. As of February 18, 2017 the total amount of the lien is $97,156.53 ($96,200.00 fines and $956.53 costs), and the costs and fines will continue to accrue until compliance is achieved and the lien is paid. 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, writ of execution and money judgment; 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. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057 -2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non - compliant properties, foreclosure and /or money judgment actions for collection of unpaid fines and /or costs from a property owner. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: STAFF RECOMMENDATION: Authorize staff to initiate litigation against Mark S. and Mark S. Berta Jr. and the property located at 242 Oleander Drive, Key Largo, and upon any and all other real and /or personal property owned by Mark S. and Mark S. Berta Jr. if necessary, to gain compliance and to enforce the lien arising from code compliance case number CE16060028. DOCUMENTATION: MEMO REFFERAL FOR FURTHER ACTION CE16060028 BERTA SUPPORTING DOCS CE16060028 BERTA FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: 2,500.00 Current Year Portion: Budgeted: YES Source of Funds: 148 -50001 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 03/15/17 148 -50001 -GROWTH MGMT ADMIN $2,500.00 I X TA 1 X117.1.6 Cynthia McPherson Completed Steve Williams Completed Bob Shillinger Completed Assistant County Administrator Christine Hurley 02/27/2017 12:45 PM Kathy Peters Completed Board of County Commissioners Pending 02/22/2017 3:17 PM 02/24/2017 11:04 AM 02/25/2017 2:51 PM Completed 02/27/2017 1:40 PM 03/15/2017 9:00 AM County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 Board of Countv 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 MEMORANDUM TO: Steve Williams, Assistant County Attorney FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst DATE: February 18, 2017 SUBJECT: Recommendation to County Attorney's Office for further action. SUBJECT PROPERTY: 242 OLEANDER DRIVE, KEY LARGO SUMMARY: As a result of the code compliance case CE16060028, daily fines in the amount of $650.00 per day have accrued for approximately 148 days for a total of $96,200.00 and continue to accrue. The subject property was purchased by Mark S. and Mark S. Berta Jr. on May 2, 2016 and remains in violation of Monroe County Codes. CASE CE16060028 BACKGROUND: Following complaints regarding the activities on this property, including unlawful construction, a Code Compliance Inspector inspected the property and conducted research for permits and /or planning approvals. As a result, a Notice of Violation/Notice of Hearing was mailed to the property owner as per the tax records on August 3, 2016 to appear at the hearing on August 26, 2016. On August 19, 2016 the property owner entered into a "Stipulation to code violation and for time to comply for first time offenses" agreement with Monroe County admitting to the violations of Monroe County Code as cited: • MCC Sec. 110 - 140.(1) — To -wit: PERMITS, APPROVALS, AND FINAL INSPECTIONS ARE REQUIRED FOR THE FOLLOWING: 1) DEMOLITION OF THE OLD SCREEN PORCH, WOOD DECKING AND RAILINGS 2) NEW ADDITION TO MOBILE HOME 3) NEW ENCLOSURE OF SCREEN PORCH 4) ALL FENCES AND WROUGHT IRON GATE 5) STORAGE CONTAINER WITH A/C 6) POOL /SPA • MCC Sec. 130 -186. - MINIMUM YARDS /SET BACKS To -Wit: ITEMS IN THE FRONT, REAR, AND SIDE YARDS SETBACKS MUST BE REMOVED. 1) RECREATIONAL VEHICLE 2) FLAT BED TRAILER W /SHED • MCC Sec. 17 -2(a)* - INOPERATIVE VEHICLES - WHITE COMPACT VEHICLE WITHOUT LICENSE PLATE. • MCC Sec. 17- 6.(b)(5)* - EQUIPMENT PARKING /STORAGE — To -wit: CONSTRUCTION EQUIPMENT SUCH AS BOBCATS, BACKHOE, DUMP TRUCK AND CONSTRUCTION TRAILER ARE PROHIBITED UNTIL VALID PERMIT IS OBTAINED. REMOVAL IS REQUIRED. • MCC Sec. 21 -20(a) — To -wit: THIS PROPERTY NEEDS TO BE CLEANED OF ALL TRASH & DEBRIS. LISTED BELOW BUT NOT LIMITED TO; 1) HOUSEHOLD GOODS AND FURNITURE 2) APPLIANCES AND FIXTURES 3) DEMOLITION DEBRIS (WOOD, BOARDS, CONCRETE, ROCKS) 5) LANDSCAPING DEBRIS SUCH AS CUT TREES, LOGS, AND LIMBS • MCC Sec. 6- 27.(b)(2)c - UNSAFE PARTIALLY DESTROYED — To -wit: THE PARTIALLY DESTROYED SCREEN PORCH HAS BEEN DEEMED UNSAFE BY THE BUILDING OFFICIAL. agreeing to a compliance date of September 22, 2016. Compliance has not been achieved. On September 29, 2016 the Final Order was recorded as a lien. On September 8, 2016 the County issued permit 16306873 for work commencing prior to permit issuance for demolition of 8x8 wood structure at rear of property and demo of screen porch and deck on mobile home. This permit application will only satisfy a portion of the code case. As of February 18, 2017 the total amount of the lien is $97,156.53 ($96,200.00 fines and $956.53 costs), and the costs and fines will continue to accrue until compliance is achieved and the lien is paid. STAFF RECOMMENDATIONS: Approval to proceed with litigation to compel Mr. Berta to comply with various county ordinances and correct the code violations of Code Compliance Case CE16060028. Attachments: Page(s) 1 AERIAL 2 STOP WORK ORDER 6/10/2016 5 -7 REINSPECTION 6/13/2016 8 COURTESY NOTICE 6/14/2016 9 LETTER FROM BUILDING OFFICIAL 6/21/2016 10 B/O REFERRED TO CODE 8/3/2016 11 NOTICE OF v16LATION /N6TICE OF HEARING 8/3/2016 15 -17 REINSPECTION 8/11/2016 18 PROPERTY OWNER SIGNED STIPULATION AGREEMENT 8/19/2016 22 HEARING, SM IMPOSED ORDER 8/25/2016 24 -30 REINSPECTION 2/6/2017 31 PROPERTY RECORD CARD 34 CASE TIMELINE Y qPublic.net"' Monroe County, FL Overview Y� Legend Major Roads Centerline Hooks Road Center - Rights of Way L ,' Condo Building Conservation Easement Key Names 4# Subdivisions Parcels tn : Parcel ID 00487690- 000000 Alternate ID 1600130 Owner Address BERTA MARK S Sec/Twp/Rng 27/62/38 Class MOBILE HOMES 242OLEANDER DR Property Address 2420LEANDERDR Acreage 0.0850091827364555 TAVERNIER, FL 33070-2745 KEY LARGO District 500P Brief Tax Description BK1LT21 REVISED PLAT OFSHERRILL PARK KEY LARGO P65-47OR568-67OR837-1525P/ROR846-478OR865- 1OF /J OR887 -845 OR933- 167OR962 -1231C OR1103- 723D/C OR2755 -77LET /ADM OR2759- 732/33OR2794 -1567 (Note Not to be used on legal documents) Date created: 2/18/2017 Last Data Uploaded: 2/18/201712:03:11 AM Developed by The Schneider Corporation ScIvuider I Packet Pg. 1889 f` FRONT OF PROPERTY ON OLEANDER % Packet Pg. 1890 6/10 -16 -Stop Work Order Posted -242 Oleander Dr- Tav -By Link 6/10 -16 -Stop Work Order Posted -242 Oleander Dr- Tav -By Link REAR OF PROPERTY ON ARBOR LANE ,7 Packet Pg. 1891 A�� 6 \� ~ ^� / \ l� � \ 6\ b? { Packet Pg. 1893 6/13/16 -REI- - FRONT - CE16060028 -242 Oleander- Tav -by Link 6/13/16 -REI CE16060028 -242 Oleander- Tav -by Link tl / 'A 'acket Pg. 1894 ,:�Il 6/13/16 -REI CE16060028 -242 Oleander- Tav -by Link Al "Ix County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: #CE16060028 Date Issued: 6/14/16 RE#:00487690-000000 Owners/Tenant: Mark S Berta & Mark Berta S. Jr T/C Address: PO Box 1307 TAVERNIER, FL 33070-1307 W M Property Location: 242 Oleander Dr. 00 C Sherrill Park Sub. CD CD CD This letter is intended to seek your cooperation in bringing your property into compliance without further Code CD Compliance Action. An Inspection of this property reveals violations of the following: W X\ Permit requirements- demolition permits required for the removal of the roof and wood decking LO railings, and stairs. Permits required for the addition to the mobile home, and enclosure of the screen porch Property to be cleaned of the trash & debris Recreational Vehicle habitation: NX Storage is prohibited in the front, sides, and/or rear yard setbacks XX Storage of business/construction equipment and business related items, prohibited ***CALL THE BUILDING DEPT. TO INQUIRE ABOUT PERMITS*** Building Dept. phone number (305) 453- 8801- FOIZ RI-ITN'SlILCTION %I llI'N CON IM (305) 289-2-568-I'll %NK 101' FOR I'(WR ('001 , 11 , 111 V1 , 10N. Inspector Diane Link Corrective actions are provided above. Corrective measures must be taken within III days from the date of hand delivery, posting or postmark of this communication. Failure to comply within allotted time may result in a Notice of Violation/Notice of Hearing o being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE C CODE INSPECTOR for re-inspection. Please contact your inspector at the appropriate location indicated below. X Middle Keys: 2798 Overseas Hwy, Suite 330 I FL. 33050 (305)289 -2810 Issued/Posted (Print Ippector Name) Diane ink ,y i TL Date Time - (3 FPacket Pg. 1896 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We sipive to be caring, professional, andfair. To. Mark S. Berta & Mark S. Berta Ji vc I.C. Box 1307 Tavernier, F1.33070- 3 7 From: Rick Griffin, Building Official M-arathon, fl, 33050 Date: June 21, 2016 U1114 F19-001 MR Sir: You are in violation of Monroe County Code Section 6-27 (b) 2 (h) for work without permits, Section 6-27 (b) 2(c) partially destroyed. This is the only order you will receive. Be advised that the Building Official is authorized to prosecute any violation oft is order by requesting that legal counsel of the jurisdiction, or the Office of the State's C J Attorney, institute the appropriate proceeding at law. To resolve this Code Violation you must obtain the necessary permits to cover tile required work in progress. If alteration of the existing building layout increasing or decreasing the floor area, structural rei - %airs or alterat-inios, installatio planned, a design professional must furnish the building department with pl-Uns for examination ofthe alterations. Please Contact this office within 30 days from June 21, 2016 for permitting information and prooedures. Failure to comply with this directive will direct violation to Code Enforcement for further Legal Action. We look forwa.rd to your solutions to these problems to expedite the final inspections. tn Rick Griffin Monroe County Building Official 305-289-2501 Link -Diane From: Griffin . Rick Sent: Wednesday, August 03, 2016 1:10 PM To: Link -Diane Subject: RE: 242 Oleander Dr- Tavernier From: Link -Diane Sent: Wednesday, August 03, 2016 12:15 PM To: Griffin -Rick Subject: 242 Oleander Dr- Tavernier co Rick, CD CD I need to clarify the following unsafe referral I received back from you regarding 242 Oleander Drive, Tavernier. Code CD case #CE16060028, owner is Mark Berta. Are you referring it back to code? if yes, I will set the case for the special magistrate hearing for violation of no permits /unsafe. Please let me know as soon as possible. Thank you. Dta+t& LCtik Code Compliance Officer Monroe County Code Compliance 2798 Overseas Highway, Suite 330, Marathon, FL 33050 co Office: 305 - 289 -2568 Fax: 305-289-2858 Email a Website : "" _4o U S HELP YOLP rd atie. HoT� l 7 �Jha a 1U t� pu0bHc records lwiv. t de..sF'e+V'? l Pten to r.r imbr the c u tV {,oi. oty Nu .7$"4ess- a8 jp2llWk,' record, avaslaaa8e to the eta „dArc r n""'i' 'necNaa 8tponjt dt oor s ;na"7' Con' - i &Uaa"9ocaI'A q %, P `raa !' raROz,je t to `T} .§na n AtWa. r c�3:'�„wr�"�e. €.:h en iY"6n:'” #t a „n; s r g r _ a T „� t ti.�1�1'� � f da;aasG,� tt ;Tt t � H t\ Packet Pg. 1898 VI County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Locations: 242 OLEANDER DR, TA VERNIER, FL 33070 Re Number: 00487690000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 06/09/20:16 and subsequently found the following violation(s) of the Monroe County Code: 110 - 140.(1) - BUILDING PERMIT REQ /CH 6 PERMITS, APPROVALS, AND FINAL INSPECTIONS ARE REQUIRED FOR THE FOLLOWING: 1) DEMOLITION OF THE OLD SCREEN PORCH,WOOD DECKING AND RAILINGS 2) NEW ADDITION TO MOBILE HOME 3) NEW ENCLOSURE OF SCREEN PORCH 4) ALL FENCES AND WROUGHT IRON GATE 5) STORAGE CONTAINER WITH A/C 6) POOL /SPA Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). tl 130 -186. - MINIMUM YARDS /SET BACKS ITEMS IN THE FRONT, REAR, AND SIDE YARDS SETBACKS MUST BE REMOVED. 1) RECREATIONAL VEHICLE 2) FLAT BED TRAILER W /SHED Corrective Action Required: Contact the Monroe County Planning Department and obtain a variance (if applicable) or relocate, or remove as directed. 11- 2.(a)* - INOPERATIVE VEHICLES WHITE COMPACT VEHICLE WITHOUT LICENSE PLATE. Corrective Action Required: Remove inoperative vehicle(s) from property, or place completely screened from view from street or any other residential structure, (must meet setbacks of land use district where located), or place in an enclosed area/garage. Contact your Code Compliance Inspector upon compliance. 17- 6.(b)(5)* - EQUIPMENT PARKING /STORAGE CONSTRUCTION EQUIPMENT SUCH AS BOBCATS, BACKHOE, DUMP TRUCK AND CONSTRUCTION TRAILER ARE PROHIBITED UNTIL VALID PERMIT IS OBTAINED. REMOVAL IS REQUIRED. Corrective Action Required: Remove all equipment as described from this location until an active valid permit or contract is issued or obtained. Contact the Code Compliance Inspector upon compliance. 21- 20.(a) - PREMISES TO BE CLEANED THIS PROPERTY NEEDS TO BE CLEANED OF ALL TRASH & DEBRIS. LISTED BELOW BUT NOT LIMITED TO; 1) HOUSEHOLD GOODS AND FURNITURE 2) APPLIANCES AND FIXTURES 3) DEMOLITION DEBRIS (WOOD, BOARDS, CONCRETE, ROCKS) 5) LANDSCAPING DEBRIS SUCH AS CUT TREES, LOGS, AND LIMBS Corrective Action Required: Remove all debris, garbage, litter and/or items specified by the Code Enforcement Inspector. Removal of said materials does not authorize the cutting or removal of native or other vegetation without a permit if required. N tn 6- 27.(b)(2)c - UNSAFE PARTIALLY DESTROYED THE PARTIALLY DESTROYED SCREEN PORCH HAS BEEN DEEMED UNSAFE BY THE BUILDING OFFICIAL. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A PERMIT TO DEMOLISH THE STRUCTURE OR OBTAIN A PERMIT TO BRING THE STRUCTURE UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFETY AND WELFARE. ( V1 PLEASE TAKE NOTICE that a Public Nearing will be conducted by the Special Magistrate in the above case on 08/25/2016 at 09:00 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 08/18/2016 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. ( ) 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 AND /OR 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 tn K 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: IF 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. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspect at the appropriate loc ` n• LINK, DIANE 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 I hereby certify that a copy hereof has been furnished to the above narned addressee(s) by Certified Mail, Return Receipt Request No.: 7014 3490 00013900 4056 on Code Compliance Departme 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) days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". In tn �DECFS I I tn 8/11/16-CE1 6060028-242 Oleander Dr-Tav-by Link 8/11/16- CE16060028 -242 Oleander Dr- Tav -by Link 8/11/16- CE16060028 -242 Oleander Dr- Tav -by Link Ell S PECIAL MAGISTR Monroe County Code Enforcement Petitioner vs. Mark S. Berta and Mark S. Berta Jr T/C Respondent(s) Case Number: CE16060028 Doc# 2093564 BkN 2817 PgN 2249 STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES In the matter of: Re# 00487690 - 000000 Mark Berta (hereinafter referred to jointly and severally as "Respondent(s) ") and Monroe County Code Enforcement ( "Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. 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 August 25, 2016 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: C: \Users\) ink- diane\Desktop\Documents\Berta slip. -242 Oleander Tay.docx tn + f & ��'' Packet Pg. 1906 (a) Respondent(s) need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and (b) Any evidence in the Code Enforcement file will be deemed the record 0 in the case; and a M� (c) Respondent(s) waives the right to appeal any finding of violation or oar NN order that he or she would otherwise have under Section 162.11, ua om Florida Statutes. 3. The Respondent(s) understand that the property will be checked for compliance on September 22, 2016. 4. The parties understand that a fine of $750.00 per day that shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondent(s) fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows. 110 -140. (1) 130 -186. 17- 2.(a)* 17- 6.(b)(5)* 21- 20.(a) 6- 27.(b)(2)c per day $100.00 per day $100.00 per day $100.00 per day $100.00 per day $100.00 per day $250.00 6. 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). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to tn C: \Users\l ink- diane\Desktop\Documents\Berta slip. -242 Oleander Tay.docx i ce '` Packet Pg. 1907 subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 110 - 140.(1), 130 -186., 17- 2.(a) *, 17- 6.(b)(5) *, 21- 20.(a), and 6- 27.(b)(2)c 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. 8. The Respondent(s) understand and acknowledge that this STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME co CD CD OFFENSES is non - transferable to any future property owners. CD 9. The Respondent(s) understand and acknowledge that a sale of LO the subject property prior to compliance of the property and /or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be reinstated. 10. 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. 11. 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 Inspector Diane Link by the end of business August 22, 2016. Docq 2093564 Bk# 2817 Pg# 2251 C: \Users\iink- diane\Desktop\Documents\Berta slip. -242 Oleander Tay.docx % \1 Packet Pg. 1908 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. STATE OF #,--I ' COUNTY OF ') 6 f -P PERSONALLY APPEARED BEFORE ME the undersigned authority, a Ir who, after first being sworn by me, affix i her signature (name of indiv'du igning) in provid above on thi da of �_ 20 tT NOTARY PUBLIC STATE OF 'F( COUNTY OF c v, PERSONALLY APPEARED BEFORE ME, the undersigned authority, Gr (L ' L�'A r"f 1C who, after first being sworn by me, affixedhNher signature (name of individual signing) in a space provided above on this day of c 20!0 NOTARY PUBLIC My commission expires / ) 2C( �°: My commission expires l `'t 20 /�" ,, ;aaY_ ° +�e RITA AYALA Pe .x „�u u� _< ��•� Y p p m Notary Prablic -State of Florida o ► "` o�a� RITA AYALA ' ' ° Notary Public - State of Florida h4 Comm. Ex ue e s S 19, 2016 * tr r My Comm. Expires Sep 19, 2016 �N3 b T Si t P tf n@ Commission # EE 213424 S/ 1 STATE OF —/ c2l 4- COUNTY OF _ Et� NICOLE M. PE(RICK MY COMMISSION # FF 080268 1. EXPIRES: December 30, 2017 Bonded Thru Nolary Public Underluldurs ........._._. U �.._._ ... MONROE COUNTY OFFICIAL RECORDS W0 an st cow -1co m41, N N N W: \CODE COMPLIANCE\FORMS \STEP FORMS -NEW CASE PRESENTATION\GENERAL CODE STEPS -EXT- ENLARGEMENTS\MASTER Stipulation for First Time Offender.docx % I Packet Pg. 1909 BEFORE THE C NTY CODE COMPLIANCE SPECIAL MA STRATE MONROE COUNTY, FLORIDA Doe# 2093564 09/29/2016 10:20AM Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN MONROE COUNTY FLORIDA, Petitioner, VS. MARK S BERTA & MARK S BERTA JR TIC Respondent(s). Doc# 2093564 Bk# 2817 Pg# 2247 Case No.: CE16060028 Subject Property Real Estate Number: 00487690- 000000 FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s) and /or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s) 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 /Notice of Hearing which is incorporated herein as if fully set forth. ( ) The Respondent(s) is /are the owner(s) of property located within Monroe County and was /were duly noticed of the hearing. ( V1 The Respondent(s) is /are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation /Notice of Hearing served upon the Respondent(s). ( ) ONE -TIME FINE - The violation(s) is found to be irreparable or irreversible and a one -time fine of $ is ORDERED, payable within days of this Order. ( ) COSTS - 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. ( ) The Respondent(s) shall comply with the Code(s) referred to in the Notice of Violation /Notice of Hearing on or before 09/22116 ( ' THE COMPLIANCE DATE'). ( ) In the event the violation(s) were or are not corrected on the compliance date previously ordered or on the compliance date set forth herein, fine(s) in the dollar amount: 110 - 140.(1) $100.00 130 -186. $100.00 17- 2.(a)* $100.00 17.6.(b)(5)* $100.00 21- 20.(a) $100.00 6- 27.(b)(2)c $250.00 (PER AGREEMENT) for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is /are in violation is /are hereby ORDERED. ( ) It is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s) were in violation of the MONROE COUNTY CODE(S) as fully set forth in the Notice of Violation /Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and /or fines ($ ) to Monroe County Code Compliance within thirty (30) days of this Order. ( ) Other. STIPULATION' AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN. Page 1 tn Packet Pg. 1910 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 lien remains unpaid for three months and /or may sue to recover money ,judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050. CASE NUMBER: CE16060028 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: MARK S BERTA & MARK S BERTA JR T/C 242 OLEANDER DR TAVERNIER, FL 33070 -2745 Location of subject property: 242 OLEANDER DR TAVERNIER, FL 33070 Real Estate Number: 00487690- 000000 CERTIFICATE OF SERVICE Nicole M. Petrick, Liaison Page 2 Packet Pg. 1911 A Packet Pg. 1912 & Posted Notice of Motion to Authorize Foreclosure 2/6/17-Posting—FRONT of 242 Oleander Dr- Tav -by Link 2/6/17- Postings- CE16060028 -242 Oleander Dr- Tav -by Link tn ..0 Packet Pg. 1913 POSTED NOTICE IN REAR OF PROPERTY ON ARBOR LANE Packet Pg. 1914 rIff 'Wow 2/6/17- Po__,ngs- CE16060028 -242 Oleander - Tav -by Link 2/6/17 ,stings- CE16060028 -242 Oleam Dr- Tav -by Link tl „—», 0% Packet Pg. 1915 NEW WINDOW INSTALLED ON UNPERMITTED ADDITION 2/6/17 -PI 'ng —FRONT of 242 Oleander Dr v -by Link tn open porch A " ... Packet Pg. 1916 { Packet Pg. 1917 2/6/17 -Pk ng —FRONT of 242 Oleander Di v -by Link 2/6/17- ling - -FRONT of 242 Oleander F Tav -by Link tn { ON Am" Packet Pg. 1918 gPublic.net - Monroe County, FL %qPublic.net"" Monroe County, FL Summary Parcel ID 00487690- 000000 Alternate Key 1600130 Property Address 2420LEANDERDR Key Name KEY LARGO Sec/Twp /Rng 27 -62 -38 Legal Description BK 1 LT 21 REVISED PLAT OF SHERRILL PARK KEY $80,017 LARGO $56,956 P135-47 OR568 -67 OR837- 1525P/R OR846 -478 $54,664 OR865 -10F $0 /J OR887 -845 OR933 -167 OR962 -1231C OR1103- $0 723D/C O $58,834 (Note: Not to be used on legal documents or any document to be recorded) Neighborhood 1725 Subdivision SHERRILL PARK REV Millage Group 500P Affordable No Housing Class 0200- MOBILE HOMES Owner Primary Owner Berta Mark S 242 Oleander Dr Tavernier, FL 33070 -2745 Alternate Owner Berta, Mark S Jr T/C Valuation • Building Value • Misc Improvement Value • Land Value = Just (Market) Value = Assessed Value School Exempt Value = School Taxable Value Land Land Use Code Frontage MOB HOME DRY (020D) 46 Building Summary Number of Buildings 1 Page 1 N� 2016 2015 2014 $18,784 $15,942 $16,889 $1,239 $1,078 $980 $59,994 $41,814 $39,087 $80,017 $58,834 $56,956 $60,130 $54,664 $49,695 $0 $0 $0 $80,017 $58,834 $56,956 Depth Land Area 81 3703 SF tl w9 Packet Pg. 1919 gPublic.net - Monroe County, FL Number of Commercial Buildings 0 Page 2 Total Living Area 672 Year Built 1971 Buildings Building 1: Building Type M1 Effective Age 40 Year Built 1971 Functional Obs 0 Condition F Perimeter 136 Special Arch 0 Economic Obs 0 Quality Grade 350 Depreciation % 66.3 Ground Floor Area 672 SF Inclusions M1 includes 13- fixture bath and 1 kitchen. Roof METAL- FLAT OR SHED Foundation CONC BLOCK Number of Bedrooms 2 Heat 1: NONE - NONE; 2: NONE - NONE 2 Fix Bath 0 3 Fix Bath 0 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix Bath 0 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 Sections: Year Finished Number Type Built Stories Attic AC Basement Basement% Area . . . . . . Description . Ext Wall . . . . . . 1 FLA Floor Living Area 1983 B:METAUALUM 1 N N 0 0 672 2 SBF Utility Building 1983 B:METAUALUM 1 N N 0 0 48 Finished 3 PTO Patio 1983 1 0 0 620 4 OPF Open Porch 1983 1 0 0 60 Finished -Lower Level 5 SPF Screened Porch 1983 1 0 0 200 Finished -Lower Level Improvements No C Type 0 Units C Length - W Width : Year Built 0 Roll Year 0 Grade C tl Life ^ Packet Pg. 1920 gPublic.net - Monroe County, FL Sales Page 3 No : Type 0 Units : Length : Width C Year Built Roll Year : Grade C Life C 1 UB2:UTILITY BLDG 48 SF 8 6 1981 1982 3 50 2 FN2:FENCES 1325F 44 3 1981 1982 3 30 3 AC2:WALLAIR COND 1 UT 0 0 1981 2004 2 20 Sale Date C Book/Page 0 Price : Instrument 0 Qualification C 5/2/2016 2794/1567 $100 QC 11 8/10/2015 2759/732 $100 WD 11 1/1/1985 933/167 $38,000 WD Q 1/1/1982 846/478 $14,888 WD Q 6/1/1981 837/1525 $45 WD M 2/1/1974 568/67 $5,000 00 Q CD CD CD Appraiser Notes CD Date 0 Text C LO 5/15/2006 14-1 CO CD Photos No data available for the following modules: Condominium Details, Exemptions, Permits. The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the Last Data Upload: 2/18/201712:03:11 AM Developed by Schneider The Schneider Corporation Packet Pg. 1921 .. 3 0000 0 0 0 0 0 O O 0 O) LOO OIQ: LOO 0 M 0 0 R H N O C Cl) M Co r N f CO O r.. w � 0 E!} Ef} to ff3 6s fA 'A fF) 64 6o. to H} 'm &-k (a EF} H a 0000 0 0 0 0 O 0 O 0 O 0 O 0 00000 0 0 0 0 0 0 0 0 0 0 0 W Z 0000 0000 0000w w CO w Co LL N to M r f- � N O 00 OD CO T r CO �� N C\l CD O N LL O U) Q w Q T p 00 ON Cl) J Q F- 0 H co Co Co Co Co Co Co co Co Co Co Co Co Co ^ n •� 0 N 0000 N N N N OOO N N N N 00 N N N N N N N N N a m O r M r r - T N r 00 M DD r r 00 M r CA N-- � O OA a N a CO N O) N � r as OD r �� w 00 �� w J ar O W w C) D p Z Q Z O p C) Q W g w Q' w LL O d m z Q U_ (n W U Q 2 LL O� ~ w O=O N z p c7v WZ z Opocn OWU CC Z J O U Cn wUWZ_ LL HU)o 0 a- W w U -i — CC O O Q W O LL Z Q WCL Co ar 00 IrT- mw � w 0O Z F- p WOOS >—OF-g H� W w(r- a)OWwu.l- a0C0 CC } zcna : :Cr O =�O WOw�W�w ULL wwZ°C O W Croz=)� - H�U L WW CC ZH¢w CC0Owa:C)WLUwOwa: (Lw p�WOwCL arcnoaOJ<LLmzmm<m z 2IL t A �r 9 Packet Pg. 1922