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Item O5County 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: 0.5 Agenda Item Summary #2700 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 NONE AGENDA ITEM WORDING: Authorization to initiate litigation against US BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST, and the property located at 203 Pimilico Lane Key Largo to seek compliance with the County Codes and enforce the liens arising from code compliance case number(s) CE11040047, CE13100189 and CE14090057. ITEM BACKGROUND: This property is the subject of three (3) unresolved code enforcement cases. As a result of a foreclosure action by a mortgagee, a Certificate of Title was filed in the Official Records of Monroe County for this property, passing title to TRUMAN 2012 SC2 TITLE TRUST on May 25, 2016. It is the County's position that the violation runs with the land, and the daily fines continue to accrue. Therefore, the County moved the Special Magistrate at subsequent hearings with a Motion to amend the Final Order(s) in these cases and record the Orders in the name of TRUMAN 2012 SC2 TITLE TRUST as liens. These liens were filed August 1, 2016. Compliance was still not achieved and the County moved the Special Magistrate for another hearing on January 26, 2017. No one appeared on behalf of the property owner. At this hearing the Special Magistrate approved the County's Motions to proceed with collection actions against this property owner and this property. All mechanisms provided to staff to persuade the property owners to comply have failed. The remaining violations are as follows: • CASE CE11040047 - MCC Sec. 6- 144(7)a To -wit: boat lift permit 03305592 has not received required inspections. Note; the boat lift needs to be relocated per conditions of the permit. • CASE CE13100189 - MCC Sec. 20 -78(a) failure to connect to Central Sewer System. • CASE CE14090057 — MCC Sec. 110- 140(a) remains in violation. To -wit: Permit(s), Approval(s) and Inspection(s) are required for the wood docks; expansion of concrete docks and installation of aluminum rail system. As of February 21, 2017 the total amount of the liens is $94,295.85 ($91,200.00 fines and $3,095.85 costs). The fine(s) continues to accrue at $300.00 per day for every day the violations remain and the costs continue to accrue until compliance is achieved and the liens are 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. Bulk approval October 21, 2015 to initiate ligation against Nieves Financial Investment Corp and 2003 Pimilico Lane Trust and the property located at 203 Pimilico Lane, Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE13100189. CONTRACT /AGREEMENT CHANGES: n/A STAFF RECOMMENDATION: Authorization to initiate litigation against US BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST, and the property located at 203 Pimilico Lane Key Largo, Florida, and any other properties owned by them if necessary, to seek compliance with the County Codes and enforce the liens arising from code compliance case number(s) CEl 1040047, CE13100189 and CE14090057. DOCUMENTATION: MEMO REFFERAL FOR FURTHER ACTION CE11040047 ETC US BANK SUPPORTING DOCS US BANK TRUMAN TRUST 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 REVIEWED BY: Cynthia McPherson Completed Steve Williams Completed Bob Shillinger Completed Assistant County Administrator Christine Hurley 02/27/2017 1:35 PM Kathy Peters Completed Board of County Commissioners Pending 02/27/2017 12:41 PM 02/27/2017 1:22 PM 02/27/2017 1:33 PM Completed 02/27/2017 1:48 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 George Neugent, District 2 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Damry L. Kolhage, District 1 Sylvia Murphy, Dist. 5 MEMORANDUM TO: Steve Williams, Assistant County Attorney FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst DATE: February 21, 2017 SUBJECT: Recommendation to County Attorney's Office for further action in CE 11040047, CE 13100189 and CE14090057. SUBJECT PROPERTY: 203 PIMILICO LANE. KEY LARGO SUMMARY: The subject property is owned by US BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST, whose address is: Rushmore Loan Management Services, 15480 Laguna Canyon Road, Irvine, California. As a result of the code compliance case(s) the property remains in violation of Monroe County Codes, the daily fine(s) continues to accrue, and the liens remain unpaid. CASE CE11040047 BACKGROUND: A hearing was held on June 30, 2011 and the Special Magistrate found this property in violation of 4 County codes, and imposed a compliance date of July 13, 2011 with fines to accrue if compliance was not achieved. Compliance was not by achieved and the Final Order was recorded in the Monroe County Official Records as a lien on July 18, 2012. As a result of a foreclosure action by a mortgagee, a Certificate of Title was filed in the Official Records of Monroe County for this property, passing title to TRUMAN 2012 SC2 TITLE TRUST on May 25, 2016. It is the County's position that the violation runs with the land, and the daily fines continue to accrue. Therefore, another hearing was held on July 28, 2016 and no one appeared on behalf of the property owner. The Special Magistrate approved the County's Motion to amend the Final Order dated June 30, 2011 and record it as a lien. The lien was filed August 1, 2016. Compliance was still not achieved and another hearing was held on January 26, 2017. No one appeared on behalf of the property owner. At this hearing the Special Magistrate approved the County's Motion to proceed with collection actions against this property owner and this property. One count, MCC Sec. 6- 144(7)a remains in violation. To -wit: boat lift permit 03305592 has not received required inspections. Note; the boat lift needs to be relocated per conditions of the permit. As of February 21, 2017 the daily fine has accrued for 272 days (May 25, 2016 — February 21, 2017) for a fine total of $27,200.00 and fines and costs will continue to accrue until compliance is achieved and the lien is paid. CASE CE13100189 BACKGROUND: A hearing was held on July 17, 2014 and the Special Magistrate found this property in violation of MCC Sec. 20- 78(a) for the failure to connect to Central Sewer System, and imposed a compliance date of November 1, 2014 with fines to accrue if compliance was not achieved. Compliance was not by achieved and the Final Order was recorded in the Monroe County Official Records as a lien on November 17, 2014. As a result of a foreclosure action by a mortgagee, a Certificate of Title was filed in the Official Records of Monroe County for this property, passing title to TRUMAN 2012 SC2 TITLE TRUST on May 25, 2016. It is the County's position that the violation runs with the land, and the daily fines continue to accrue. Therefore, another hearing was held on July 28, 2016 and no one appeared on behalf of the property owner. The Special Magistrate approved the County's Motion to amend the Final Order dated July 17, 2014 and record it as a lien. The lien was filed August 1, 2016. This case was previously approved by the Special Magistrate and the BOCC for collection actions on October 21, 2015. Compliance has not been achieved and as of February 21, 2017 the daily fine has accrued for 272 days (May 25, 2016 — February 21, 2017) for a fine total of $27,200.00 and fines and costs will continue to accrue until compliance is achieved and the lien is paid. CASE CE14090057 BACKGROUND: As a result of re- inspections for the proceeding cases, observations revealed that violations had reoccurred and new violations existed. A hearing was held on November 19, 2015 and the Special Magistrate found this property in violation of one remaining count, MCC Sec. 110 - 140(1), and imposed a compliance date of February 18, 2016 with fines to accrue if compliance was not achieved. Compliance was not by achieved and the Final Order was recorded in the Monroe County Official Records as a lien on March 11, 2016. As a result of a foreclosure action by a mortgagee, a Certificate of Title was filed in the Official Records of Monroe County for this property, passing title to TRUMAN 2012 SC2 TITLE TRUST on May 25, 2016. It is the County's position that the violation runs with the land, and the daily fines continue to accrue. Therefore, another hearing was held on July 28, 2016 and no one appeared on behalf of the property owner. The Special Magistrate approved the County's Motion to amend the Final Order dated November 19, 2015 and record it as a lien. The lien was filed August 1, 2016. Compliance was still not achieved and another hearing was held on January 27, 2017. No one appeared on behalf of the property owner. At this hearing the Special Magistrate approved the County's Motion to proceed with collection actions against this property owner and this property. One count, MCC Sec. 110- 140(a) remains in violation. To -wit: Permit(s), Approval(s) and Inspection(s) are required for the wood docks; expansion of concrete docks and installation of aluminum rail system. As of February 21, 2017 the daily fine has accrued for 272 days (May 25, 2016 — February 21, 2017) for a fine total of $27,200.00 and fines and costs will continue to accrue until compliance is achieved and the lien is paid. Additionally, as a result of the foreclosure action, the lien filed in this case on March 11, 2016 remains enforceable against the subject property. This lien amount is $9,600.00. RELEVANT INFORMATION: As of February 21, 2017 the cumulative total amount of fines is $91,200.00 and continues to accrue at $300.00 per day for every day the violations remain. Additionally, per F.S. § 162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $3,095.85 and continue to accrue until the case is closed. As of February 21, 2017 US BANK, NATIONAL ASSOCIATION has an ownership interest in 13 other properties in Monroe County, and no other open code cases or other outstanding Monroe County Code liens where found. STAFF RECOMMENDATIONS: Authorization to initiate litigation against US BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST, and the property located at 203 Pimilico Lane Key Largo, Florida, and any other properties owned by them if necessary, to seek compliance with the County Codes and enforce the liens arising from code compliance case number(s) CE11040047, CE13100189 and CE14090057. Doca 2077093 05/25/2016 10:00AM FMONROERCOUNTY i AMY o of LIN IN THE SIXTEENTH CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY, FLORIDA. CIVIL DIVISION DEED DOC1STAMP CL: drys $ 7 � CASE NO. 14 - CA - 00857 - P UCN: 442014CA000857XXXXXX U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST, Plaintiff, VS. NIEVES FINANCIAL INVESTMENT CORP., AS TRUSTEE OF THE 2003 PIMILICO LANE TRUST; ALBERT SIERRA, AS TRUSTEE OF THE 2003 PIMILICO LANE TRUST; MANULANI C. ACOSTA, AS TRUSTEE OF THE 2003 PIMILICO LANE TRUST; JPMORGAN CHASE BANK, N.A.; MONROE COUNTY, FLORIDA; UNKNOWN BENEFICIARIES OF THE UNRECORDED 2003 PIMILICO LANE TRUST; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendants. CERTIFICATE OF TIME cocN 2077093 BkN 2798 Pgq 903 3 O zc: mr orn rn = '-) ;7- C- C - ) r N 0 v+ W w w O �vs r m v - n O rn 0 The undersigned Clerk of the Court certifies that a Certificate of Sale was filed in this action on NA , 2016 for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in Monroe County, Florida: LOT 13, BLOCK 3, CROSS KEY WATERWAY ESTATES SECTION THREE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6, AT PAGE 61, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. was sold to: U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2012 SC2 TITLE TRUST whose address is: c/o Rushmore Loan Management Services, 15480 Laguna Canyon Rd., Irvine, CA 92618 WITNESS my hand and the seal f this C urt on , 2016. Q1 CO�l1� 0�� %3; o� ANA HEAVILIN Clerk Clerk of the CircuU Court l l� Deputy Clerk -� I 1460 - 148364 ALM I s. w`x tY BEFOR!rrHE COUNTY CODE ENFORCEMENT SPECIAL M>wdTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) All ye-s Respon nqs). ) Case No. CE //D ! DD V 7 Subject Property Real Estate Number /JpVIP ?V73 -Odd/- / 40 40 Docti 1891715 07/18/2012 12:55PM Filed I Recorded in Official Records of MONROE COUNTY DANNY L. KOLHRGE C� DocM 1891715 BkM 2580 PgM 365 FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspectors) and/or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: The Res nderd(s) andlor Authorized Representstive n nt and did/did not contest the violations) set forth In the Notice of Violation/Notice of Hearing which is incorporated herein as if fully ( /The Raspondent(s) is/are the owner(s) of property located within Monroe County and was/were duly noticed of the hearing. The Respondents) is/are 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 pursuant to Section 162.07 of Florida Statutes costs In an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and investigating this matter. Costs will contin ,e to accrue until compliance Is achieved and case is closed. Furt�egnore, a Respondents) shall comply with those Code(s) referred to in the Notice of Violation[Notice of Hearing on or before _� /// ("THE COMPLIANCE DATE "). (1 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 amount of $ Z :?A - /�� � /Dd• D D 42? / - a D• (6) 4 10a, ad bi - /10 t 0 1,04 DD for each day beginning on THE DAY AFTER THE COMPLIANCE DATE trial the Respondent(s) is/are in violation Islam hereby ORDERED. ( ) a one time fine of $ is ORDERED, and the condition causing the violation(s) is found to present a threat to the public health, safety and welfare. It is further ordered, that the County Is hereby authorized to make all reasonable repairs which are required to bring the property into compliance and charge the respondent(s) with cost of repairs including administrative recovery of the costs of prosecuting and Investigating this matter. In the event of nonpayment of fines andfor costs Imposed on Respondent(s), a certified copy of this Order may be recorded In the public records and shall thereafter constitute a Ilan 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 Hen plus accrued Interest Please make checks payable to Monroe County Coda Enforcement and mail to: Monroe County Coda Enforcement, Attn: Office of the Llalson, 2798 Overseas Hwy„ Suite 390, Marathon, FL 33050. ( ) The Respondents) 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 ($ 1 to Monroe County Code Enforcement within thirty (30) days of this Order. /T DATED this day of L� r r- FINAL ORDER PAGE 2 w/' CASE NUMBER: CE11040047 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: 2003 PIMILICO LANE TRST C/O NIEVES 3650 POINCIANA AVE KEY LARGO, FL 33133 -6529 Location of Subject Property Doca 1891715 203 PIMILICO LANE Bk# 2580 Pg# 366 KEY LARGO, FL 33037 RE NUMBER: 00468473004100 APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. /�, o Z440t4,� 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 / f irst r1aag U S mail to Respondent(s) address of record with the Monroe referenced above and/or Authorized Representative County Propert�A� praiser ' s Office as on this L 77 day of ,20__. Nicole PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE COMPLIANCE SPECIAL. MAGISTRATE JOHN VAN LANINGIIAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, ) VS. ) CASE NO.: CE1104007 TRUMAN 2012 SC2 TITLE TRUST, ) Respondent(s). ) - i NOTICE OF MOTION TO AMEND RESPONDENTS NAME ON FINAL ORDER AND AUTHORIZE IMPOSITION OF LIEN AND NOTICE OF HEARING Petitioner Monroe County by and through the undersigned Assistant County Attorney, will move the Monroe County Code Compliance Special Magistrate on Thursday July 28, 2016 at 9:00 a.m. or as soon thereafter as can be heard for an Order: 1) amending the respondent's name set forth on the Final Order dated June 30, 2011 on the property that is the subject of the code compliance action described as: 203 PIMILICO LANE KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00468473004100 and, 2) authorizing the amended order to be immediately filed as a Lien. The current respondent's name is TRUMAN 2012 SC2 TITLE TRUST. This motion will be considered on July 28, 2016 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" Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE 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 ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "71111. County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 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 TRUMAN 2012 SC2 TITLE TRUST c/o RUSEMORE LOAN MANAGEMENT SERVICES 15480 LAGUNA CANYON RD IRVINE CA 92618 June 08, 2016 Subject: Code Case: CE11040047 Location: 203 PUVI LICO LANE KEY LARGO, FL 33037 Dear Property Owners, Our records indicate that there is an open code case on this property which you purchased on May 25, 2016. The purpose of this letter is to inform you a public Hearing will be conducted by the Code Compliance Special Magistrate on July 28, 2016. A hearing was held on June 30, 2011 and the property has been found in violation. Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. 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. 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 Respectfully yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor - atthaggn@monroec aun -11. REGISTERED MAIL RECEIPTS Complaint Number: CERT #: GOOD SERVICE: U01 NO SERVICE: fi t.! -A Fn M TRUMAN 2012 C2 TITLE TRUST C/O RUSHMORE LOAN MGMT SERVICES M :15480 LAGUNA CANYON RD IRVINE, CA 92618-2132 CE -,j 0 0 0 A C , Z 22 2. oo w q5 WD 0 ; 0* CD Z C3 0 "em - z — a N , > Z n E:3 C3 M (D rr L-- Z al W t X CL . 0 . 1 jig (D r z 4 w CA _n 0 Cta ca Z' C) (D 6 C3 N E , 0 ID aA 6 CB w 9 Er w CD FU CD nj 000 - g. 5 2plikk P P x ZI 2 2 CL 93 CD CL CL ID, X < I z CD Q L rLa �(D ❑❑ ❑ moo m M ca (a rM &)M M P aa a 013 m 013 O < O R rk It M 0 0, CD (D 66 V) L 5 (D Q cevf &F.' E, outut", U, M TRUMAN 2012 C2 TITLE TRUST C/O RUSHMORE LOAN MGMT SERVICES M :15480 LAGUNA CANYON RD IRVINE, CA 92618-2132 CE -,j 0 0 0 A C , Z 22 2. oo w q5 WD 0 ; 0* CD Z C3 0 "em - z — a N , > Z n E:3 C3 M (D rr L-- Z al W t X CL . 0 . 1 jig (D r z 4 w CA _n 0 Cta ca Z' C) (D 6 C3 N E , 0 ID aA 6 CB w 9 Er w CD FU CD nj 000 - g. 5 2plikk P P x ZI 2 2 CL 93 CD CL CL ID, X < I z CD Q L rLa �(D ❑❑ ❑ moo m M ca (a rM &)M M P aa a 013 m 013 O < O R rk It M 0 0, CD (D 66 V) L 5 (D Q Docq 2085627 08/01/2016 4:29PM Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, vs. Petitioner, Case No.: CE11040047 Docq 2085627 Bkq 2808 P9K 904 TRUMAN 2012 SC2 TITLE TRUST, Respondent(s). ORDER AUTHORIZING A NEW FINAL ORDER AND ORDER AUTHORIZING IMPOSITION OF LIEN On July 28, 2016 Petitioner, Monroe County, moved the Monroe County Code Compliance Special Magistrate for a Final Order in the name of current owners. Petitioner Monroe County ( "County ") was represented by Steven T. Williams, Esquire, Assistant County Attorney. Respondent was not present and did not submit any evidence for review. Having fully considered the evidence presented at hearing, the following is hereby ORDERED_ 1) A new Final Order dated June 30, 2011 to include the current respondent's name of TRUMAN 2012 SC2 TITLE TRUST; and 2) The new Final Order is to be immediately filed in the official records of Monroe County, Florida as a lien. DONE AND ORDERED at the Marathon Government Center, Marathon, Florida, this a & 7W day of , 2016. John, G. Van Laningham Code Compliance Special Magistrate APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. Doen 2085627 Nicole M. Petrick, Liaison Bkp 2808 P9N 905 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 ice as referenced above and/or Authorized Representative on this s T day of , 2016. M. Petrick, Liaison BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, vs TRUMAN 2012 SC2 TITLE TRUST Respondent(s). Doep 2083627 MIS 2808 Pgp 906 Case No.: CE11040047 Subject Property Real Estate Number. 00468473 - 004100 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 Re nt(s) and /or Authorized Representative were ere no resent and did ! i no ntest the violation(s) set forth in the Notice of Violation /Notice of Hearing which is incorpora a rein as if fully set WE. ( �/) The Respondent(s) is /are the owner(s) of property located within Monroe County and was /were duly noticed of the hearing. 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 07113111 ( "THE COMPLIANCE DATE "). ( V1 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: 130.186. $100.00 21.20.(b) $100.00 6- 144.(7)a. $100.00 6 - 27.(b)(2)9 $250.00 for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) islare in violation is /are hereby ORDERED. (� it is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s) were in violation of the MONROE COUNTY CODE(S) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and /or fines ($ ) to Monroe County Code Compliance within thirty (30) days of this Order. ( ) Other: Page 1 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. DATED this' 2 T 7* day of , 20 ( rN) ---;1 DacN 2085627 BkN 2808 PgN 907 Jo An G. Van Laningham, Special Magistrate APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I ereby certify that this is a true and correct copy of the above Order. , /0 d&6�A2 Nicole M. Petrick, Liaison CASE NUMBER: CE11040047 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: TRUMAN 2012 SC2 TITLE TRUST C/O RUSHMORE LOAN MANAGEMENT SERVICES 15480 LAGUNA CANYON RD IRVINE, CA 92618 Location of subject property: 203 PIMILICO LANE KEY LARGO, FL 33037 Real Estate Number: 00468473- 004100 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 X an or Authorized Representative 6/ on this // -Sr day of a. -,20 & . , Nicole M. Petrick, Liaison MONROE COUNTY Page 2 OFFICIAL RECORDS BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOIN VAN LANINGIIAM MONROE COUNTY, FLORIDA PROCEEDINGS 1 l 1 OF HEA 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 August 1, 2016, Book 2808, Page 904 on the property that was the subject of the code compliance action described as: 203 PRVdMICO LANE KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00468473004100, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of November 4, 2016 is $22,258.44 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 26, 2017 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. x� r 7. Steven T. Williams Assistant County Attorney 1111 12` Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this ffday of / 2016 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. to 1 5480 LAGUNA CANYON RID IRVINE, CA 92618. Code Compliance Dep ent 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 "71111. REGISTERED MAIL RECEIP'Y'S Complaint Number: CE t R #: . O rJ ` rn d I� ° f1 C-3 M e L r- 3 riPi r 4„ e : "u.. Us Bank National Association ' T C/o Rushmore loan Mg mt Services ` 15480 Laguna Canyon Rd Irvine, cA 92618 -213 CL110 047 /NBC / County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 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 Us Bank National Association C/O Rushmore Loan Management Services 15480 LAGUNA CANYON RD IRVINE CA 92618 Nov 04, 2016 Subject: Code Case: CE11040047 TRUIVIAN 2012 SC2 TITLE TRUST Location: 203 PI IILICO LANE KEY LARGO, FL 33037 Dear Property Owners, 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 Cade Compliance Special Magistrate on January 26„ 2017. 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 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 W indsor -k thleei r onroe(,ounty -fl. ov BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. TRUMAN 2012 SC2 TITLE TRUST, Respondent(s). Case No.: CE11040047 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 Government Center, Marathon, Florida. Special Magistrate CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. icole M. Petrick, Liaison he Marathon 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. . mail to Respondent(s) address of record w/ the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative on this day of , 20 icole M. Petrick, Liai BEFORE,,.. COUNTY CODE COMPLIANCE SPECIAL MAGIVRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, 1 Petitioner, 1 Case No. CE xl orju 1 vs. X003 SubjectProperty �O 5��5�73 _ 0 0 C /D /IIjG /le Docp 2005500 11/17/2014 11:461M 1= Filed & Recorded in Official Records of MONROE COUNTY ANY N(EAVILIN Docp 2005500 Respondents} ' FINAL ORDER BkN 2712 P9N 878 _j N 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 were n resent and did (id rat t CD contest the violation(s) set forth in the Notice of Violation/Notioe of Hearing which is incorporated herein as if fully set forth. ) Pe Respondent(s) Aare the owner(s) of property located within Nbnroe County and waslwere duly noticed of the hearing. ( The Respondent(s) Is/am 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). ( ) The violation(s) is found to be irreparable or irreversible and a one-time fine of $ is ORDERED, payable within days of this Order. (Pursuant to Section 162.07(2) of Florida Statutes all costs Incurred by the County in prosecuting the can is ordered to be paid within thirty (30) days of compliance. Costs will 4ondnue to accrue until compliance is achieved and the case Is closed. i � ( E ( The Respondent(s) shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before C09PUANCE DATE - ). ( vf 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 of $ O — Z p. ( ) " /DD O for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) islare in violation Ware hereby ORDERED. (It is furrier ordered, that the County Is hereby authorized to make all masonable repairs including demo lition which are required to bring the property Into compliance and charge the Respondents) 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 Molatlon/Notioe of Hearing filed In this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondert(s) shall pay the total amount of cost and/or fines ($ 1 to Monroe County Code Compliance within thirty (30) days of this Order.. 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 Alen 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 proceedhrgs H the lien remains unpaid for three months andlor 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. E UPPER KEYSO (30512111-211111 FOR DLE KEY (3 0512924495 FOR THE LOWER KEYS. DATED this 17 _ day of . 20_jy�. Page 1 of 2 r FINAL ORDER PAGE 2 CASE NUMBER: CE13100189 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: 2003 PIMILICO LANE TRUST C/O NIEVES FINANCIAL INVESTMENT CORP. TRUSTEE 3650 PONCIANA AVE D ocN 2005500 KEY LARGO, FL 33133 -6529 BkN 2712 PgN 879 Location of Subject Property: 203 PIMILICO LANE KEY LARGO, FL 33037 RENUMBER: 00468473004100 APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. 1- � 14AZe-L 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 / firsclass U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative �t on this / 777t day of ,20 f_ Lam Nicole M. Petrick, Liaison PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS _ARD OF COUNTY COMMISSION. -3 AGENDA ITEM SUMMARY Meeting Date. October 21, 2015 Department: County Attomey Bulk Item: Yes X No Staff Contact Phone #: Steve Williams 305- 289 -2500 AGENDA ITEM WORDING: Authorization to initiate litigation against Nieves Financial Investment Corp and 2003 Pimilico Lane Trust and the property located at 203 Pimilico Lane, Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE13100189. ITEM BACKGROUND: This property has been the subject of a Code Compliance case for failure to hook up to central sewer. The fines total $33,100.00 as of September 29, 2015 and will continue to accrue at $100 per day until compliance is achieved. CE13060086: The Special Magistrate found the property in violation and ordered a compliance date of November 1, 2014. The property owner did not gain timely compliance by the deadline ordered by the Special Magistrate and fines began to accrue on November 2, 2014. The County's lien was recorded on November 17, 2014. The code case remains open for continuing non - compliance and failure to pay outstanding fines and costs. e The property is not homesteaded; • The property owner does not own addition real property; • No efforts toward compliance have been made to date; • The public records of Monroe County indicate a pending foreclosure action by the mortgagee. Under the policy adopted in Resolution 057 -2014 the available legal options with respect to the County's County's lien 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: AAvyx. $2500.00 INDIRECT COST: BUDGETED: Yes X No_ DIFFERENTIAL OF LOCAL REFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148 - 50001 - 530318 REVENUE PRODUCING: Yes No APPROVED BY: County Atty OMB/Purchasing AMOUNT PER MONTH Year Risk Management DOCUMENTATION: Included X Not Required 1 1 AGENDA ITEM # Packet Pg. 1977 14'EFO CODE E M SPECIAL MAGISTRAT_ JOHN VAN LANINGHAM MONROE COUNTY, fivONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE13100189 TRUMAN 2012 SC2 TI"T"LE TRUST, ) Respondent(s). ) 1 Petitioner Monroe County by and through the undersigned Assistant County Attorney, will move the Monroe County Code Compliance Special Magistrate on Thursday July 28, 2016 at 9:00 a.m. or as soon thereafter as can be heard for an Order: 1) amending the respondent's name set forth on the Final Order dated July 17, 2014 on the property that is the subject of the code compliance action described as: 203 PIMILICO LANE KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00468473004100and, 2) authorizing the amended order to be immediately filed as a Lien. The current respondent's name is TRUMAN 2012 SC2 TITLE TRUST. This motion will be considered on July 28, 2016 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" Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 C ERTIFICATE OF SERVICE I hereby certify that on this V day of , 2016 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. to 15480 LAGUNA CANYON RD IRVINE, CA 92618. ode Compliance Dep 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 ". County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tem George Neugent, Dist. 2 Danny Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia Murphy, Dist. 5 TRUMAN 2012 SC2 TITLE TRUST c/o RUSH MORE LOAN MANAGEMENT SERVICES 15480 LAGUNA CANYON RD IRVINE CA 92618 June 08, 2016 Subject: Code Case: CE13100189 Location: 203 PI IILICO LANE KEY LARGO, FL 33037 Dear Property Owners, Our records indicate that there is an open code case on this property which you purchased on May 25, 2016. The purpose of this letter is to inform you a Public Hearing will b e conducted by the Code Compliance Special M agistrate on July 28, 2016. This code case is the result of the failure of the prior property owners to connect to the central sewer system. The prior property owners were notified by the utility company in October 2010 that the property was due for connection. After three years had passed, the case was referred to Monroe County Code Compliance. A hearing was held on July 17, 2014 and the property has been found in violation. 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 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 Windsor - athlc rnonroecoiur�ty- l.gcr REGISTERED MAIL RECEIP'd'S Complaint ber: CE DocN 2085628 08/01/2016 4:29PM 40 Filed 8 Recorded in Official Records of MONROE COUNTY ANY NEAVILIN BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, vs. TRUMAN 2012 SC2 TITLE TRUST, Case No.: CE13100189 Respondent(s). OcaN 2085628 BkN 2808 P90 908 ORDER AUTHORIZING A NEW FINAL ORDER AND ORDER AUTHORIZING IMPOSITION OF LIEN On July 28, 2016 Petitioner, Monroe County, moved the Monroe County Code Compliance Special Magistrate for a Final Order in the name of current owners. Petitioner Monroe County ( "County ") was represented by Steven T. Williams, Esquire, Assistant County Attorney. Respondent was present and did not submit any evidence for review. Having fully considered the evidence presented at hearing, the following is hereby ORDERED: 1)'A new Final Order dated November 17, 2014 to include the current respondent's name of TRUMAN 2012 SC2 TITLE TRUST; and 2) The new Final Order is to be immediately filed in the official records of Monroe County, Florida as a lien. DONE AND ORDERED at the Marathon Government Center, Marathon, Florida, this Ti day of 4, , 2016. o r John G. Van Laningham Code Compliance Special Magistrate APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. &r,& Doco 2085628 Nicole M. Petrick, Liaison Bkp 2808 Pgp 909 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 / trst 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 /Z Q on this s r day of , 2016. ,- i icole M. Petrick, Liaison BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. Docp 2085628 Bkq 2808 P9N 910 TRUMAN 2012 SC2 TITLE TRUST Case No.: CE13100189 Respondent(s). Subject Property Real Estate Number. 00468473- 004100 FINAL ORDER 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: The Res t(s) and /or Authorized Representative were / ere nob present and did no ntest the violation(s) set forth in the Notice of Violation /Notice of Hearing which is incorporated erein as if fully set forth. ( ✓) The Respondent(s) is /are the owner(s) of property located within Monroe County and wastwere duly noticed of the hearing. The Respondent(s) islare 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. (V4 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. ( V/) The Respondent(s) shall comply with the Code(s) referred to in the Notice of Violation /Notice of Hearing on or before ! 11101114 ( "THE COMPLIANCE DATE'). ( V 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: 20- 78.(a) $100.00 for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is /are in violation is /are hereby ORDERED. ( V It is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repair; incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. { ) The Respondent(s) were in violation of the MONROE COUNTY CODE(S) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondents) shall pay the total amount of cost and /or fines ($ ) to Monroe County bode Compliance within thirty (30) days of this Order. ( ) Other. Page 1 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 udgment 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. F %"I V. IVVVI LJL - TTYYI V I\ I /Ii.. b-V1 \1 \VIV. DATED this TM day of , 20-1-U- DocN 2085628 John . Van Laningha , Speciar Magistrate BkN 2808 Pgtt 911 APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER, CERTIFICATE OF ORDER hereby certify that this i a true and correct copy of the above Order. Nicole M. Petrick, Liaison CASE NUMBER: CE13100189 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: TRUMAN 2012 SC2 TITLE TRUST C/O RUSHMORE LOAN MANAGEMENT SERVICES 15480 LAGUNA CANYON RD IRVINE, CA 92618 Location of subject property: 203 PIMILICO LANE KEY LARGO, FL 33037 Real Estate Number: 00468473 - 004100 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 1 first class U.S. maillp Respondent(s) address of record w'th the Monroe County Property Appraiser's Office as referenced above and /or Authorized Representative K, on this I s r day of Nicole M. Petrick, Liaison MONROE COUNTY Page 2 OFFICIAL RECORDS BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Case No.: CE14090057 Petitioner, ) VS. ) Subject Property Real Estate Number: 00468473 - 004100 DocN 2067248 03/11/2016 3:29PM NIEVES FINANCIAL INVESTMENT CORP & ) Filed & Recorded in Official Records of 2003 PIMILICO LANE TRUST ) MONROE COUNTY AMY HEAVILIN DocU 2067248 Respondent(s). ) BkN 2786 PgN 741 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 Res Mnot and /or Autho ' sentative were �e esent and did did"not c ntest the violation(s) set forth in the Notice of Violation /Notice of Hearing which is incorp as if fully set fo ( 'The Respondent(s) is /are the owner(s) of property located within Monroe County and was /were duly noticed of the hearing. ( 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 Respondents sh I omply with the Code(s) referred to in the Notice of Violation /Notice of Hearing on or before ( "THE COMPLIANCE DATE "). In the event th viol ions) 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: w r, 110 - 140.(1) $ 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: The charges of 21.20.(a) and 21.20.(b) are compliant. Page 1 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 o personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three month; 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. IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY K DATED this day of , 20. John G. Van Laningham, Special Magistrate APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order b) filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAti HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. DocN 2067248 CERTIFICATE OF ORDER Bkn 2786 PgN 742 I hereby certify that this is a true and correct copy of the above Order. Nicole M. Petrick, Liaison CASE NUMBER: CE14090057 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: NIEVES FINANCIAL INVESTMENT CORP & 2003 PIMILICO LANE TRUST 3650 POINCIANA AVE MIAMI, FL 33133 -6529 Location of subject property: 203 PIMILICO LANE KEY LARGO, FL 33037 Real Estate Number: 00468473- 004100 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 / firs - class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office referencec ve and /or Authorized Representative WI on this r day o ,20 c Nicole M. Petrick, Liaison MONROE COUNTY OFFICIAL RECORDS Page 2 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOIN VAN LANINGIIAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, ) VS. ) CASE NO.: CE14090057 TRUMAN 2012 SC2 TITLE TRUST, ) Respondent(s). ) 11: 01111910941 , 90 1 1 1 I 1 , . 1 `I , 1 1 al SWIJUT III PROCEE DINGS 1 OF 1 Petitioner Monroe County by and through the undersigned Assistant County Attorney, will move the Monroe County Code Compliance Special Magistrate on Thursday July 28, 2016 at 9:00 a.m. or as soon thereafter as can be heard for an Order: 1) amending the respondent's name set forth on the Final Order dated November 19, 2015 and authorizing the amended order to be immediately filed as a Lien. The current respondent's name is TRUMAN 2012 SC2 TITLE TRUST and, 2) 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 March 11, 2016, Book 2786, Page 741 on the property that was the subject of the code compliance action described as: 203 PIMILICO LANE KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00468473004100. The current outstanding amount of the County's lien as of June 8, 2016 is $11,941.44 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on July 28, 2016 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. I L-7- L-J - Qt- Steven T. Williams Assistant County Attorney 1111 12" Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 CE RTIFICATE OF SERVICE 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 ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "71111. County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 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 TRUMAN 2012 SC2 TITLE TRUST C/o RUSEMORE LOAN MANAGEMENT SERVICES 15480 LAGUNA CANYON RID IRVINE CA 92618 June 08, 2016 Subject: Code Case: CE14090057 Location: 203 PIMILICO LANE KEY LARGO, FL 33037 Dear Property Owners, Our records indicate that there is an open code case on this property which you purchased on May 25, 2016. Additionally Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. A hearing was held on November 19, 2015 and the property has been found in violation. Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. 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. 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 Please take notice that a Public Hearing will be conducted by the Cade Compliance Special Magistrate on July 28, 2016. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Respectfully yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor- kathleer�(�crnonroecoun _f ov REGISTERED MAIL RECEIPTS Complaint Number: 0 GOOD SERVICE NO SERVICE: e ju & i �110> w'Aj 0 0 0 CA) 00 aim g O� W 3 cc M 5j* I ; 0 P. I M . % ro ID 11 C3 QL M > ( 0) z (D c z r m (D CL ca z 4— 0 ca o 0 ca 9 CP (D C3 0 (D 6 M 00 W C� Ir ca w (D 999999 ca P P x 00 (D CL _(D 3 9 ❑❑ ❑ coo .9 CL 9(A La KM aw M jqq 11 9 f N a 0 33 ig ar 9 Z 2. arc 0 06 CD CD 00 M z .2 Q tv I'T'l _n M I P K I -7121-.10107,01, MET= cl C3 rr M Ue�Wed Fee C3 Flestfrlwk H._ re ... . . ...... �N C3 cr TRUMAN 201 2 SC2 TITLE TRUST M C/O RUSH MORE MGMT SERVICES V-9 I 15480 LAGUNA CANYON RD IRVINE, CA 92618-2132 CE /KW e ju & i �110> w'Aj 0 0 0 CA) 00 aim g O� W 3 cc M 5j* I ; 0 P. I M . % ro ID 11 C3 QL M > ( 0) z (D c z r m (D CL ca z 4— 0 ca o 0 ca 9 CP (D C3 0 (D 6 M 00 W C� Ir ca w (D 999999 ca P P x 00 (D CL _(D 3 9 ❑❑ ❑ coo .9 CL 9(A La KM aw M jqq 11 9 f N a 0 33 ig ar 9 Z 2. arc 0 06 CD CD 00 M z .2 Q 1 Doc# 2085629 08/01/2016 4:29PM Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, ) VS. ) Case No.: CE14090057 TRUMAN 2012 SC2 TITLE TRUST, ) Bkq 912 ) Respondent(s). ) ORDER AUTHORIZING A NEW FINAL ORDER AND AUTHORIZING FURTHER FORECLOSURE ACTIONS On July 28, 2016 Petitioner, Monroe County, moved the Monroe County Code Compliance Special Magistrate for an Order amending the Final Order dated November 19, 2015; and authorizing further foreclosure and/or money judgment proceedings on the Final Order recorded on March 11, 2016 at Book 2786, Page 741. Petitioner Monroe County ( "County ") was represented by Steven T. Williams Esquire, Assistant County Attorney. Respondent was not present and did not submit any evidence for review. Having fully considered the evidence presented at hearing, the following is hereby ORDERED: 1) A new Final Order dated November 19, 2015 to include the current respondent's name of TRUMAN 2012 SC2 TITLE TRUST; and, 2) The new Final Order is to be immediately filed in the official records of Monroe County, Florida as a lien; and, 3) Authorizing further foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien(s) in this case, on the property that was the subject of the code compliance action described as: 203 PIMILICO LANE KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00468473 - 004100.. DONE AND ORDERED at the Marathon Government Center, Marathon, Florida, this APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERT LATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. DoeN 2085629 Bkq 2808 P9N 913 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 / fi cl ass U.S. mail to Respondent(s) address of record with the Monroe County Property A praiser's Office as referenced above and/or Authorized Representative on this $r day of , 2016. M. Petrick, Liaison BEFORE T' MONROE COUNTY FLORIDA, Petitioner, VS. TRUMAN 2012 SC2 TITLE TRUST Respondent(s). :OUNTY CODE COMPLIANCE SPECIAI kGISTRATE MONROE COUNTY, FLORIDA DocN 2085629 Bkp 2808 P9N 914 Case No.: CE14090057 Subject Property Real Estate Number: 00468473 - 004100 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 Re t(s) and/or Authorize resentative were were no present and did 1 id no contest the violation(s) set forth in the Notice of Violation /Notice of Hearing which is Incorporalfffferein as if fully set fo . ( The Respondent(s) is /are the owner(s) of property located within Monroe County and was /were duly noticed of the hearing. ( 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. ( 0/j 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 02118/16 ('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). $100.00 for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is /are in violation is /are hereby ORDERED. ( ) It is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s) were in violation of the MONROE COUNTY CODE(S) as fully set forth in the Notice of Violation /Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and /or fines ($ ) to Monroe County Code Compliance within thirty (30) days of this Order. ( ) Other: The charges of 21.20.(a) and 21- 20.(b) are compliant. Page 1 In the event of nonpayment of fines ariuwr 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 o personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three month and /or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monro( County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330 Marathon, FL 33050. LITY TO REQUEST A REINSPE TO DETERMINE WHETHER THE DATED this L4 day of SJ _ 20 4 DooN 2085629 John<G. Van LarfinghYrn, Special Magistrate BkN 2808 PgN 915 APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order b) filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAID HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. Nicole M. Petrick, Liaison CASE NUMBER: CE14090057 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: TRUMAN 2012 SC2 TITLE TRUST C/O RUSHMORE LOAN MANAGEMENT SERVICES 15480 LAGUNA CANYON RD IRVINE, CA 92618 Location of subject property: 203 PIMILICO LANE KEY LARGO, FL 33037 Real Estate Number: 00468473- 004100 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. m it to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative A on this —161 of 20 Nicole M. Petrick, Liaison MONROE COUNTY OFFICIAL RECORDS Page 2 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, ) S• ) CASE NO.: CE14090057 TRUMAN 2012 SC2 TITLE TRUST, ) Respondent(s). ) ) t t 1 1 °I P ROCEEDINGS : NOTICE OF H EARING 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 August 1, 2016, Book 2808, Page 912 on the property that was the subject of the code compliance action described as: 203 PIMILICO LANE KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00468473004100, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of November 4, 2016 is $27,039.87 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 26, 2017 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. td [ - 7. r Steven T. Williams Assistant County Attorney 1111 12" 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 k'l' 2016 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. to 15480 LAGUNA CANYON RID IRVINE, CA 92618. Code Compliance Departure t 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 ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 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 Us Bank National Association C/® Rushmore Loan Management Services 15480 LAGUNA CANYON RD IRVINE CA 92618 Nov 04, 2016 Subject: Code Case: CE14090057 TRUMAN 2012 SC2 TITLE TRUST Location: 203 PINIILICO LANE KEY LARGO, FL 33037 Dear Property Owners, 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 Tearing will be conducted by the Code Compliance Special Magistrate on January 26, 2017. 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 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 Windsor- kathleenrnonroecoun ov � 'J ITNM wm I $ RE GISTERED MAIL RE CEIPTS Complaint Number: CE CERT q 3�o C�(39c�,�� GOOD SERVICE: I LeA L tILLAA NO SERVICE: I I C- C O z M C3 ts I UM M E3 a m cer"ified Fee Mc�slrnwk M C3 E3WS", Ir M Us Bank National Association C/O Rushmore Loan Mgmt Services 15480 Laguna Canyon Rd Irvine, CA 92618-2132 CE14090057/NTCM7 N/KW -j C3 L Z Z w Cr E3 0 L-j w '0 C3 C3 I n — �- M a M in --- �-A 0 .1h 0 M 0 M 3 0 CA 15 in 0 z 70 00 CL fD M ' CD ESE O 00 ❑ ODE] - a 3 S KI k CL CL E; CL CL ID CL CL M IM u �n BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. Case No.: CE14090057 TRUMAN 2012 SC2 TITLE TRUST, Respondent(s). ORDER AUTHORIZING FORECLOS 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 of Government Center, Marathon, Florida. John G Special CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. Nicole M. Petrick, Liaison 20 , at the Marathon 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' p Office as referenced above and/or Authorized Representative on this day of _� ,- - _ , 20 Nicole M. Petrick, Liaison gPublic.net - Monroe County, FL f m�, " Monroe County, FL Summary 2015 Parcel ID 00468473- 004100 Alternate Key 1574104 Property Address 203 PIMILICO LN Key Name KEY LARGO Sec/Twp /Rng 14 -61 -39 Legal Description BK 3 LT 13 CROSS KEY WATERWAY ESTATES $345,953 SECTION THRE $380,548 E 1 -61 KEY LARGO OR478 -199 OR586- 797/98 $0 OR721 -64 $0 4/55 OR723- 697/708 OR797 -1664 OR1071 -1713 $398,729 OR1315 -5 (Note: Not to be used on legal documents or any document to be recorded) Neighborhood 2235 Subdivision CROSS KEY WATERWAYS EST SEC 3 Millage Group 500K Affordable No Housing Class 0100- SINGLE FAMILY Owner Primary Owner Us Bank National Association C/O Rushmore Loan Management Services 15480 Laguna Canyon Rd Irvine, CA 92618 -2132 Valuation • Building Value • Misc Improvement Value • Land Value = Just (Market) Value = Assessed Value - School Exempt Value School Taxable Value Land Land Use Code Frontage RESIDENTIAL CANAL (010C) 0 Building Summary Number of Buildings 1 Number of Commercial Buildings 0 Depth Land Area 0 4339 SF Page 1 2016 2015 2014 $206,644 $213,212 $188,137 $26,190 $23,609 $22,164 $180,505 $161,908 $135,652 $413,339 $398,729 $345,953 $413,339 $380,548 $345,953 $0 $0 $0 $413,339 $398,729 $345,953 - . — 1-1 . T — All A / n T T - /^ 1 /^ A 1 / gPublic.net - Monroe County, FL Total Living Area 1513 Year Built 2004 Buildings Stories Building 1: Basement Building Type R1 Effective Age 10 Year Built 2004 Functional Obs 0 Condition G Perimeter 262 Special Arch 0 Economic Obs 0 Quality Grade 450 Depreciation % 8 Ground Floor Area 1,513 SF Inclusions R1 includes 13- fixture bath and 1 kitchen. Roof ASPHALT SHINGL - GABLE /HIP Foundation CONC PILINGS Number of Bedrooms 3 Heat 1: NONE - NONE; 2: NONE - NONE 2 Fix Bath 1 3 Fix Bath 0 4 Fix Bath 2 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix Bath 1 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 Sections: Page 2 Number Type Year Stories Attic AC Basement Finished Area C Description : Built 0 Ext Wall 0 : % : Basement % 0 0 0 FLA Floor Living Area 2004 1:WD 1 Y 0 0 864 FRAME 0 FLA Floor Living Area 2004 1:WD 1 Y 0 0 649 FRAME 0 OPX Open Porch Custom 2004 1 0 0 192 Finished 0 CPF Carport Finished 2004 4:CONC 1 0 0 407 BLOCK 0 OPU Open Porch 2004 1 N 0 0 85 Unfinished -Lower Level 0 OUF Open Porch 2004 1 0 0 85 Finished -Upper Level N N J N N T " CD N CD CD r- gPublic.net - Monroe County, FL No 0 Type 0 0 DK4:WOOD DOCKS 0 BL:BOAT LIFT 0 PT3:PATIO 1 DAV:CONC DAVITS 6 RW2:RETAINING WALL 7 SW2:SEAWALL Sales Sale Date 0 5/23/2016 7/20/2011 8/26/2010 7/17/2007 3/22/2005 11/14/2003 11/1/1988 7/1/1979 Appraiser Notes Date 9/24/2004 Page 3 Units 0 Length 0 Width C Year Built : Roll Year : Grade C Life C 200SF 0 0 2000 2006 3 40 1 UT 0 0 2004 2005 2 20 700SF 0 0 2000 2006 1 50 1 UT 0 0 1979 1980 1 60 140 SF 70 2 1979 1980 3 50 1000 SF 100 10 1979 2004 1 60 Book/Page C Price 0 Instrument C Qualification 2798/903 $100 CT 12 2527/229 $100 QC 11 2487/2035 $100 QC 11 2310/2195 $1,600,000 WD S 2104/2047 $800,000 WD Q 1959/2214 $230,000 WD Q 1071/1713 $50,000 WD M 797/1664 $5,000 00 Q Text 0 2002/11/27 DOES NOTTRAVERSE, SQUARED FOR SKETCH Permits Bldg : Number 0 Date Issued 0 Date Completed 0 Amount 0 Description C Notes C 04300662 02/27/2004 $1 DEMOLITION/TRAILER 3305592 02/09/2004 $1 BOATLIFT Photos No data available for the following modules: Condominium Details, Exemptions. 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 Packet Pc gPublic.net - Monroe County, FL Page 4 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: 2/21/201712:52:09 AM Developed by Schneider The Schneider Corporation gPublic.net - Monroe County, FL Page 1 � "' Monroe County, FL Results 13 Results El Show Property Photos 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: 2/21/201712:52:09 AM Developed by Schneider The Schneider Corporation Alternate Property Address Parcel ID : ID Owner 0 City 0 ® 00025560- 9033696 RUS BANK NATIONAL ASSOCIATION 310 TRUMAN AVE KEY WEST 000100 ® 00079400- 8868863 AUS BANK NATIONAL ASSOCIATION C/O 48 SADOWSKI KEY COLONY 000100 NATIONSTAR MORTGAGE LLC CSWY BEACH ® 00177520- 1229547 A US BANK NATIONAL ASSOCIATION C/O 43 GOLD CUDJOE KEY 000000 OCWEN LOAN SERVICING LLC BOULLION RD ® 00268230- 1339865 AUS BANK NATIONAL ASSOCIATION C/O 29170 HIBISCUS BIG PINE KEY 000000 SELECT PROTFOLIO SERVICING INC LN ® 00329140- 1403342 R US BANK NATIONAL ASSOCIATION C/O 1555 HARBOR DR MARATHON 000000 SELECT PORTFOLIO SERVICING ® 00355200- 8864167 RUS BANK NATIONAL ASSOCIATION C/O 21 SOMBRERO MARATHON 000214 GLADSTONE LAW GROUP BLVD UNIT 214 ® 00378790- 1462489 RUS BANK NATIONAL ASSOCIATION C/O 190 S INDIES DR DUCK KEY 000000 NATIONSTAR MORTGAGE LLC FORECLOSURE DEPARTMENT ® 00391880- 1480215 P 'US BANK NATIONAL ASSOCIATION C/O 105 BAYVIEW DR LOWER 000000 NATIONSTAR MORTGAGE LLC MATECUMBE KEY ® 00417630- 1513792 RUS BANK NATIONAL ASSOCIATION 150 AI R STREAM PLANTATION 000000 LN KEY ® 00431500- 1529435 RUS BANK NATIONAL ASSOCIATION C/O US 163 GARDENIA ST PLANTATION 000000 BANK HOME MORTGAGE KEY 00468473- 1574104 RUS BANK NATIONAL ASSOCIATION C/O 203 PIMILICO LN KEY LARGO 004100 RUSHMORE LOAN MANAGEMENT SERVICES ® 00496131- 1613045 RUS BANK NATIONAL ASSOCIATION C/O 59 MUTINY PL KEY LARGO 007400 NATIONSTAR MORTGAGE LLC ® 00573670- 1711357 RUS BANK NATIONAL ASSOCIATION C/O 32 BAKER RD OCEAN REEF 003200 FAY SERVICING LLC 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: 2/21/201712:52:09 AM Developed by Schneider The Schneider Corporation